in English translation
Prepared by
The Canon Law Society Of Great Britain And Ireland
In Association With
The Canon Law Society Of Australia And New Zealand
And The Canadian Canon Law Society
English
translation copyright 1983 The Canon Law Society Trust
***********************************************************
Can. 1 The canons
of this Code concern only the Latin Church.
Can. 2 For the
most part the Code does not determine the rites to be observed in the
celebration of liturgical actions. Accordingly, liturgical laws which have been
in effect hitherto retain their force, except those which may be contrary to
the canons of the Code.
Can. 3 The canons
of the Code do not abrogate, nor do they derogate from, agreements entered into
by the Apostolic See with nations or other civil entities. For this reason,
these agreements continue in force as hitherto, notwithstanding any contrary
provisions of this Code.
Can. 4 Acquired
rights, and likewise privileges hitherto granted by the Apostolic See to either
physical or juridical persons, which are still in use and have not been
revoked, remain intact, unless they are expressly revoked by the canons of this
Code.
Can. 5 §1
Universal or particular customs which have been in effect up to now but are
contrary to the provisions of these canons and are reprobated in the canons of
this Code, are completely suppressed, and they may not be allowed to revive in
the future. Other contrary customs are also to be considered suppressed, unless
the Code expressly provides otherwise, or unless they are centennial or
immemorial: these latter may be tolerated if the Ordinary judges that, in the
circumstances of place and person, they cannot be removed.
§2 Customs apart
from the law, whether universal or particular, which have been in effect
hitherto, are retained.
Can. 6 §1 When
this Code comes into force, the following are abrogated:
1° the Code of
Canon Law promulgated in 1917;
2° other laws,
whether universal or particular, which are contrary to the provisions of this
Code, unless it is otherwise expressly provided in respect of particular laws;
3° all penal laws
enacted by the Apostolic See, whether universal or particular, unless they are
resumed in this Code itself;
4° any other
universal disciplinary laws concerning matters which are integrally reordered
by this Code.
§2 To the extent
that the canons of this Code reproduce the former law, they are to be assessed
in the light also of canonical tradition.
Can. 7 A law
comes into being when it is promulgated.
Can. 8 §1
Universal ecclesiastical laws are promulgated by publication in the ‘Acta
Apostolicae Sedis’, unless in particular cases another manner of promulgation
has been prescribed. They come into force only on the expiry of three months
from the date appearing on the particular issue of the ‘Acta’, unless because
of the nature of the case they bind at once, or unless a shorter or a longer
interval has been specifically and expressly prescribed m the law itself.
§2 Particular
laws are promulgated in the manner determined by the legislator; they begin to
oblige one month from the date of promulgation, unless a different period is
prescribed in the law itself.
Can. 9 Laws
concern matters of the future, not those of the past, unless provision is made
in them for the latter by name.
Can. 10 Only
those laws are to be considered invalidating or incapacitating which expressly
prescribe that an act is null or that a person is incapable.
Can. 11 Merely
ecclesiastical laws bind those who were baptised in the catholic Church or
received into it, and who have a sufficient use of reason and, unless the law
expressly provides otherwise, who have completed their seventh year of age.
Can. 12 §1 Universal
laws are binding everywhere on all those for whom they were enacted.
§2 All those
actually present in a particular territory in which certain universal laws are
not in force, are exempt from those laws.
§3 Without
prejudice to the provisions of can. 13, laws enacted for a particular territory
bind those for whom they were enacted and who have a domicile or quasi‑domicile
in that territory and are actually residing in it.
Can. 13 §1
Particular laws are not presumed to be personal, but rather territorial, unless
the contrary is clear.
§2 Peregrini are
not bound:
1° by the
particular laws of their own territory while they are absent from it, unless
the transgression of those laws causes harm in their own territory, or unless
the laws are personal
2° by the laws of
the territory in which they are present, except for those laws which take care
of public order, or determine the formalities of legal acts, or concern
immovable property located in the territory.
§3 Vagi are bound
by both the universal and the particular laws which are in force in the place
in which they are present.
Can. 14 Laws,
even invalidating and incapacitating ones, do not oblige when there is a doubt
of law. When there is a doubt of fact, however Ordinaries can dispense from
them provided, if there is question of a reserved dispensation, it is one which
the authority to whom it is reserved Is accustomed to grant.
Can. 15 §1
Ignorance or error concerning invalidating or incapacitating laws does not
prevent the effect of those laws, unless it is expressly provided otherwise.
§2 Ignorance or
error is not presumed about a law, a penalty, a fact concerning oneself, or a
notorious fact concerning another. It is presumed about a fact concerning
another which is not notorious, until the contrary is proved.
Can. 16 §1 Laws
are authentically interpreted by the legislator and by that person to whom the
legislator entrusts the power of authentic interpretation.
§2 An authentic
interpretation which is presented by way of a law has the same force as the law
itself, and must be promulgated. If it simply declares the sense of words which
are certain in themselves, it has retroactive force. If it restricts or extends
the law or resolves a doubt, it is not retroactive.
§3 On the other
hand, an interpretation by way of a court judgement or of an administrative act
in a particular case, does not have the force of law. It binds only those
persons and affects only those matters for which it was given.
Can. 17
Ecclesiastical laws are to be understood according to the proper meaning of the
words considered in their text and context. If the meaning remains doubtful or
obscure, there must be recourse to parallel places, if there be any, to the
purpose and circumstances of the law, and to the mind of the legislator.
Can. 18 Laws
which prescribe a penalty, or restrict the free exercise of rights, or contain
an exception to the law, are to be interpreted strictly.
Can. 19 If on a
particular matter there is not an express provision of either universal or particular
law, nor a custom, then, provided it is not a penal matter, the question is to
be decided by taking into account laws enacted in similar matters, the general
principles of law observed with canonical equity, the jurisprudence and
practice of the Roman Curia, and the common and constant opinion of learned
authors.
Can. 20 A later
law abrogates or derogates from an earlier law, if it expressly so states, or
if it is directly contrary to that law, or if it integrally reorders the whole
subject matter of the earlier law. A universal law, however, does not derogate
from a particular or from a special law, unless the law expressly provides
otherwise.
Can. 21 In doubt,
the revocation of a previous law is not presumed; rather, later laws are to be
related to earlier ones and, as far as possible, harmonised with them.
Can. 22 When the
law of the Church remits some issue to the civil law, the latter is to be
observed with the same effects in canon law, insofar as it is not contrary to
divine law, and provided it is not otherwise stipulated in canon law.
Can. 23 A custom
introduced by a community of the faithful has the force of law only if it has
been approved by the legislator, in accordance with the following canons.
Can. 24 §1 No
custom which is contrary to divine law can acquire the force of law.
§2 A custom which
is contrary to or apart from canon law, cannot acquire the force of law unless
it is reasonable; a custom which is expressly reprobated in the law is not
reasonable.
Can. 25 No custom
acquires the force of law unless it has been observed, with the intention of
introducing a law, by a community capable at least of receiving a law.
Can. 26 Unless it
has been specifically approved by the competent legislator, a custom which is
contrary to the canon law currently in force, or is apart from the canon law,
acquires the force of law only when it has been lawfully observed for a period
of thirty continuous and complete years. Only a centennial or immemorial custom
can prevail over a canonical law which carries a clause forbidding future
customs.
Can. 27 Custom is
the best interpreter of laws.
Can. 28 Without
prejudice to the provisions of can. 5, a custom, whether contrary to or apart
from the law, is revoked by a contrary custom or law. But unless the law makes
express mention of them, it does not revoke centennial or immemorial customs,
nor does a universal law revoke particular customs.
Can. 29 General
decrees, by which a competent legislator makes common provisions for a
community capable of receiving a law, are true laws and are regulated by the
provisions of the canons on laws.
Can. 30 A general
decree, as in can. 29, cannot be made by one who has only executive power,
unless in particular cases this has been expressly authorised by the competent
legislator in accordance with the law, and provided the conditions prescribed
in the act of authorisation are observed.
Can. 31 §1 Within
the limits of their competence, those who have executive power can issue
general executory decrees, that is, decrees which define more precisely the
manner of applying a law, or which urge the observance of laws.
§2 The provisions
of can. 8 are to be observed in regard to the promulgation, and to the interval
before the coming into effect, of the decrees mentioned in §1.
Can. 32 General
executory decrees which define the manner of application or urge the observance
of laws, bind those who are bound by the laws.
Can. 33 §1
General executory decrees, even if published in directories or other such
documents, do not derogate from the law, and any of their provisions which are
contrary to the law have no force.
§2 These decrees
cease to have force by explicit or implicit revocation by the competent
authority, and by the cessation of the law for whose execution they were
issued. They do not cease on the expiry of the authority of the person who
issued them, unless the contrary is expressly provided.
Can. 34 §1
Instructions, namely, which set out the provisions of a law and develop the
manner in which it is to be put into effect, are given for the benefit of those
whose duty it is to execute the law, and they bind them in executing the law.
Those who have executive power may, within the limits of their competence,
lawfully publish such instructions.
§2 The
regulations of an instruction do not derogate from the law, and if there are
any which cannot be reconciled with the provisions of the law they have no
force.
§3 Instructions
cease to have force not only by explicit or implicit revocation by the
competent authority who published them or by that authority’s superior, but
also by the cessation of the law which they were designed to set out and
execute.
Can. 35 Within
the limits of his or her competence, one who has executive power can issue a
singular administrative act, either by decree or precept, or by rescript,
without prejudice to can. 76 §1.
Can. 36 §1 An
administrative act is to be understood according to the proper meaning of the
words and the common manner of speaking. In doubt, a strict interpretation is
to be given to those administrative acts which concern litigation or threaten
or inflict penalties, or restrict the rights of persons, or harm the acquired
rights of others, or run counter to a law in favour of private persons; all
other administrative acts are to be widely interpreted.
§2 Administrative
acts must not be extended to cases other than those expressly stated.
Can. 37 An administrative
act which concerns the external forum is to be effected in writing; likewise,
if it requires an executor, the act of execution is to be in writing.
Can. 38 An
administrative act, even if there is question of a rescript given Motu proprio,
has no effect in so far as it harms the acquired right of another, or is
contrary to a law or approved custom, unless the competent authority has
expressly added a derogatory clause.
Can. 39
Conditions attached to an administrative act are considered to concern validity
only when they are expressed by the particles ‘if’, ‘unless’, ‘provided that’.
Can. 40 The
executor of any administrative act cannot validly carry out this office before
receiving the relevant document and establishing its authenticity and
integrity, unless prior notice of this document has been conveyed to the
executor on the authority of the person who issued the administrative act.
Can. 41 The
executor of an administrative act to whom the task of execution only is
entrusted, cannot refuse to execute it, unless it is quite clear that the act
itself is null, or that it cannot for some other grave reason be sustained, or
that the conditions attached to the administrative act itself have not been
fulfilled. If, however, the execution of the administrative act would appear to
be inopportune, by reason of the circumstances of person or place, the executor
is to desist from the execution, and immediately inform the person who issued
the act.
Can. 42 The
executor of an administrative act must proceed in accordance with the mandate.
If, however, the executor has not fulfilled essential conditions attached to
the document, or has not observed the substantial form of procedure, the
execution is invalid.
Can. 43 The
executor of an administrative act may in his prudent judgement substitute
another for himself, unless substitution has been forbidden, or he has been
deliberately chosen as the only person to be executor, or a specific person has
been designated as substitute; however, in these cases the executor may commit
the preparatory acts to another.
Can. 44 An
administrative act can also be executed by the executor’s successor in office,
unless the first had been chosen deliberately as the only person to be
executor.
Can. 45 If there
has been any error in the execution of an administrative act, the executor may
execute it again.
Can. 46 An
administrative act does not cease on the expiry of the authority of the person
issuing it, unless the law expressly provides otherwise.
Can. 47 The
revocation of an administrative act by another administrative act of the
competent authority takes effect only from the moment at which the person to
whom it was issued is lawfully notified.
Can. 48 A
singular decree is an administrative act issued by a competent executive
authority, whereby in accordance with the norms of law a decision is given or a
provision made for a particular case; of its nature this decision or provision
does not presuppose that a petition has been made by anyone.
Can. 49 A
singular precept is a decree by which an obligation is directly and lawfully
imposed on a specific person or persons to do or to omit something, especially
in order to urge the observance of a law.
Can. 50 Before
issuing a singular decree, the person in authority is to seek the necessary
information and proof and, as far as possible, is to consult those whose rights
could be harmed.
Can. 51 A decree
is to be issued in writing. When it is a decision, it should express, at least
in summary form, the reasons for the decision.
Can. 52 A
singular decree has effect in respect only of those matters it determines and
of those persons to whom it was issued; it obliges such persons everywhere,
unless it is otherwise clear.
Can. 53 If
decrees are contrary one to another, where specific matters are expressed, the
specific prevails over the general; if both are equally specific or equally
general, the one later in time abrogates the earlier insofar as it is contrary
to it.
Can. 54 §1 A
singular decree whose application is entrusted to an executor, has effect from
the moment of execution; otherwise, from the moment when it is made known to
the person on the authority of the one who issued it.
§2 For a singular
decree to be enforceable, it must be made known by a lawful document in
accordance with the law.
Can. 55 Without
prejudice to cann. 37 and 51, whenever a very grave reason prevents the handing
over of the written text of a decree, the decree is deemed to have been made
known if it is read to the person to whom it is directed, in the presence of a
notary or two witnesses‑ a record of the occasion is to be drawn up and
signed by all present.
Can. 56 A decree
is deemed to have been made known if the person to whom it is directed has been
duly summoned to receive or to hear the decree, and without a just reason has
not appeared or has refused to sign.
Can. 57 §1
Whenever the law orders a decree to be issued, or when a person who is
concerned lawfully requests a decree or has recourse to obtain one, the
competent authority is to provide for the situation within three months of
having received the petition or recourse, unless a different period of time is
prescribed by law.
§2 If this period
of time has expired and the decree has not yet been given, then as far as
proposing a further recourse is concerned, the reply is presumed to be
negative.
§3 A presumed
negative reply does not relieve the competent authority of the obligation of
issuing the decree, and, in accordance with can. 128, of repairing any harm
done.
Can. 58 §1 A
singular decree ceases to have force when it is lawfully revoked by the
competent authority, or when the law ceases for whose execution it was issued.
§2 A singular
precept, which was not imposed by a lawful document, ceases on the expiry of
the authority of the person who issued it.
Can. 59 §1 A
rescript is an administrative act issued in writing by a competent authority,
by which of its very nature a privilege, dispensation or other favour is granted
at someone’s request.
§2 Unless it is
otherwise established, provisions laid down concerning rescripts apply also to
the granting of permission and to the granting of favours by word of mouth.
Can. 60 Any
rescript can be obtained by all who are not expressly prohibited.
Can. 61 Unless it
is otherwise established, a rescript can be obtained for another, even without
that person’s consent, and it is valid before its acceptance, without prejudice
to contrary clauses.
Can. 62 A
rescript in which there is no executor, has effect from the moment the document
was issued; the others have effect from the moment of execution.
Can. 63 §1 Except
where there is question of a rescript which grants a favour Motu proprio,
subreption, that is, the withholding of the truth, renders a rescript invalid
if the request does not express that which, according to canonical law, style
and practice, must for validity be expressed.
§2 Obreption,
that is, the making of a false statement, renders a rescript invalid if not
even one of the motivating reasons submitted is true.
§3 In rescripts
of which there is no executor, the motivating reason must be true at the time
the rescript is issued; in the others, at the time of execution.
Can. 64 Without
prejudice to the right of the Penitentiary for the internal forum, a favour
refused by any department of the Roman Curia cannot validly be granted by
another department of the same Curia, or by any other competent authority below
the Roman Pontiff, without the approval of the department which was first
approached.
Can. 65 §1
Without prejudice to the provisions of §§2 and 3, no one is to seek from
another Ordinary a favour which was refused by that person’s proper Ordinary,
unless mention is made of the refusal. When the refusal is mentioned, the
Ordinary is not to grant the favour unless he has learned from the former
Ordinary the reasons for the refusal.
§2 A favour
refused by a Vicar general or an episcopal Vicar cannot be validly granted by
another Vicar of the same Bishop, even when he has learned from the Vicar who
refused the reasons for the refusal.
§3 A favour
refused by a Vicar general or an episcopal Vicar and later, without any mention
being made of this refusal, obtained from the diocesan Bishop, is invalid. A
favour refused by the diocesan Bishop cannot, without the Bishop’s consent,
validly be obtained from his Vicar general or episcopal Vicar, even though
mention is made of the refusal.
Can. 66 A
rescript is not rendered invalid because of an error in the name of the person
to whom it is given or by whom it is issued, or of the place in which such
person resides, or of the matter concerned, provided that in the judgement of
the Ordinary there is no doubt about the person or the matter in question.
Can. 67 §1 If it
should happen that two contrary rescripts are obtained for one and the same
thing, where specific matters are expressed, the specific prevails over the
general.
§2 If both are
equally specific or equally general, the one earlier in time prevails over the
later, unless in the later one there is an express mention of the earlier, or
unless the person who first obtained the rescript has not used it by reason of
deceit or of notable personal negligence.
§3 In doubt as to
whether a rescript is invalid or not, recourse is to be made to the issuing
authority.
Can. 68 A
rescript of the Apostolic See in which there is no executor must be presented
to the Ordinary of the person who obtains it only when this is prescribed in
the rescript, or when there is question of public affairs, or when it is
necessary to have the conditions verified.
Can. 69 A
rescript for whose presentation no time is determined, may be submitted to the
executor at any time, provided there is no fraud or deceit.
Can. 70 If in a
rescript the very granting of the favour is entrusted to the executor, it is a
matter for the executor’s prudent judgement and conscience to grant or to
refuse the favour.
Can. 71 No one is
obliged to use a rescript granted in his or her favour only, unless bound by a
canonical obligation from another source to do so .
Can. 72 Rescripts
granted by the Apostolic See which have expired, can for a just reason be
extended by the diocesan Bishop, but once only and not beyond three months.
Can. 73 No
rescripts are revoked by a contrary law, unless it is otherwise provided in the
law itself.
Can. 74 Although
one who has been granted a favour orally may use it in the internal forum, that
person is obliged to prove the favour for the external forum whenever this is
lawfully requested.
Can. 75 If a
rescript contains a privilege or a dispensation, the provision of the following
canons are also to be observed.
Can. 76 §1 A
privilege is a favour given by a special act for the benefit of certain
persons, physical or juridical; it can be granted by the legislator, and by an
executive authority to whom the legislator has given this power.
§2 Centennial or
immemorial possession of a privilege gives rise to the presumption that it has
been granted.
Can. 77 A privilege
is to be interpreted in accordance with can. 36 §1. The interpretation must,
however, always be such that the beneficiaries of the privilege do in fact
receive some favour.
Can. 78 §1 A
privilege is presumed to be perpetual, unless the contrary is proved.
§2 A personal
privilege, namely one which attaches to a person, is extinguished with the
person.
§3 A real
privilege ceases on the total destruction of the thing or place; a local
privilege, however, revives if the place is restored within fifty years.
Can. 79 Without
prejudice to can. 46, a privilege ceases by revocation on the part of the
competent authority in accordance with can. 47.
Can. 80 §1 No
privilege ceases by renunciation unless this has been accepted by the competent
authority.
§2 Any physical
person may renounce a privilege granted in his or her favour only.
§3 Individual
persons cannot renounce a privilege granted to a juridical person, or granted
by reason of the dignity of a place or thing. Nor can a juridical person
renounce a privilege granted to it, if the renunciation would be prejudicial to
the Church or to others.
Can. 81 A
privilege is not extinguished on the expiry of the authority of the person who
granted it, unless it was given with the clause ‘at our pleasure’ or another
equivalent expression.
Can. 82 A
privilege which does not burden others does not lapse through non‑use or
contrary use; if it does cause an inconvenience for others, it is lost if
lawful prescription intervenes.
Can. 83 §1
Without prejudice to can. 142 §2, a privilege ceases on the expiry of the time
or the completion of the number of cases for which it was granted.
§2 It ceases also
if in the judgement of the competent authority circumstances are so changed
with the passage of time that it has become harmful, or that its use becomes
unlawful.
Can. 84 A person
who abuses a power given by a privilege deserves to be deprived of the
privilege itself. Accordingly, after a warning which has been in vain, the
Ordinary, if it was he who granted it, is to deprive the person of the
privilege which he or she is gravely abusing; if the privilege has been granted
by the Apostolic See, the Ordinary is obliged to make the matter known to it.
Can. 85 A
dispensation, that is, the relaxation of a merely ecclesiastical law in a
particular case, can be granted, within the limits of their competence, by
those who have executive power, and by those who either explicitly or
implicitly have the power of dispensing, whether by virtue of the law itself or
by lawful delegation.
Can. 86 In so far
as laws define those elements which are essentially constitutive of institutes
or of juridical acts, they are not subject to dispensation.
Can. 87 §1
Whenever he judges that it contributes to their spiritual welfare, the diocesan
Bishop can dispense the faithful from disciplinary laws, both universal laws
and those particular laws made by the supreme ecclesiastical authority for his
territory or his subjects. He cannot dispense from procedural laws or from penal
laws, nor from those whose dispensation is specially reserved to the Apostolic
See or to some other authority.
§2 If recourse to
the Holy See is difficult, and at the same time there is danger of grave harm
in delay, any Ordinary can dispense from these laws, even if the dispensation
is reserved to the Holy See, provided the dispensation is one which the Holy
See customarily grants in the same circumstances, and without prejudice to can.
291.
Can. 88 The local
Ordinary can dispense from diocesan laws and, whenever he judges that it
contributes to the spiritual welfare of the faithful, from laws made by a
plenary or a provincial Council or by the Episcopal Conference.
Can. 89 Parish
priests and other priests or deacons cannot dispense from universal or
particular law unless this power is expressly granted to them.
Can. 90 §1 A
dispensation from an ecclesiastical law is not to be given without a just and
reasonable cause, taking into account the circumstances of the case and the
importance of the law from which the dispensation is given; otherwise the
dispensation is unlawful and, unless given by the legislator or his superior,
it is also invalid.
§2 A dispensation
given in doubt about the sufficiency of its reason is valid and lawful.
Can. 91 In
respect of their subjects, even if these are outside the territory, those who
have the power of dispensing can exercise it even if they themselves are
outside their territory; unless the contrary is expressly provided, they can
exercise it also in respect of peregrini actually present in the territory;
they can exercise it too in respect of themselves.
Can. 92 A strict
interpretation is to be given not only to a dispensation in accordance with
can. 36 §1, but also to the very power of dispensing granted for a specific
case.
Can. 93 A
dispensation capable of successive applications ceases in the same way as a
privilege. It also ceases by the certain and complete cessation of the
motivating reason.
Can. 94 §1
Statutes properly so called are regulations which are established in accordance
with the law in aggregates of persons or of things, whereby the purpose,
constitution, governance and manner of acting of these bodies are defined.
§2 The statutes
of an aggregate of persons bind only those persons who are lawfully members of
it; the statutes of an aggregate of things bind those who direct it.
§3 The provisions
of statutes which are established and promulgated by virtue of legislative
power, are regulated by the provisions of the canons concerning laws.
Can. 95 §1
Ordinances are rules or norms to be observed both in assemblies of persons,
whether these assemblies are convened by ecclesiastical authority or are freely
convoked by the faithful, and in other celebrations: they define those matters
which concern their constitution, direction and agenda.
§2 In assemblies
or celebrations, those who take part are bound by these rules of ordinance.
Can. 96 By
baptism one is incorporated into the Church of Christ and constituted a person
in it, with the duties and the rights which, in accordance with each one’s
status, are proper to christians, in so far as they are in ecclesiastical
communion and unless a lawfully issued sanction intervenes.
Can. 97 §1 A
person who has completed the eighteenth year of age, has attained majority;
below this age, a person is a minor.
§2 A minor who
has not completed the seventh year of age is called an infant and is considered
incapable of personal responsibility; on completion of the seventh year,
however, the minor is presumed to have the use of reason.
Can. 98 §1 A
person who has attained majority has the full exercise of his or her rights.
§2 In the
exercise of rights a minor remains subject to parents or guardians, except for
those matters in which by divine or by canon law minors are exempt from such
authority. In regard to the appointment of guardians and the determination of
their powers, the provisions of civil law are to be observed, unless it is
otherwise provided in canon law or unless, in specific cases and for a just
reason, the diocesan Bishop has decided that the matter is to be catered for by
the appointment of another guardian.
Can. 99 Whoever
habitually lacks the use of reason is considered as incapable of personal
responsibility and is regarded as an infant.
Can. 100 A person
is said to be: an incola, in the place where he or she has a domicile; an
advena, in the place of quasi‑domicile; a peregrinus, if away from the
domicile or quasi‑domicile which is still retained; a vagus, if the
person has nowhere a domicile or quasi‑domicile.
Can. 101 §1 The
place of origin of a child, and even of a neophyte, is that in which the
parents had a domicile or, lacking that, a quasi‑domicile when the child
was born; if the parents did not have the same domicile or quasi‑domicile,
it is that of the mother.
§2 In the case of
a child of vagi, the place of origin is the actual place of birth; in the case
of a foundling, it is the place where it was found.
Can. 102 §1
Domicile is acquired by residence in the territory of a parish, or at least of
a diocese, which is either linked to the intention of remaining there
permanently if nothing should occasion its withdrawal, or in fact protracted
for a full five years.
§2 Quasi‑domicile
is acquired by residence in the territory of a parish, or at least of a
diocese, which is either linked to the intention of remaining there for three
months if nothing should occasion its withdrawal, or in fact protracted for
three months.
§3 Domicile or
quasi‑domicile in the territory of a parish is called parochial; in the
territory of a diocese, even if not in a parish, it is called diocesan.
Can. 103 Members
of religious institutes and of societies of apostolic life acquire a domicile
in the place where the house to which they belong is situated. They acquire a
quasi‑domicile in the house in which, in accordance with can. 102 §2,
they reside.
Can. 104 Spouses
are to have a common domicile or quasi‑domicile. By reason of lawful
separation or for some other just reason, each may have his or her own domicile
or quasi‑domicile.
Can. 105 §1 A
minor necessarily retains the domicile or quasi‑domicile of the person to
whose authority the minor is subject. A minor who is no longer an infant can
acquire a quasi‑domicile of his or her own and, if lawfully emancipated
in accordance with the civil law, a domicile also.
§2 One who for a
reason other than minority is lawfully entrusted to the guardianship or
tutelage of another, has the domicile and quasidomicile of the guardian or
curator.
Can. 106 Domicile
or quasi‑domicile is lost by departure from the place with the intention
of not returning, without prejudice to the provisions of can. 105.
Can. 107 §1 Both
through domicile and through quasi‑domicile everyone acquires his or her
own parish priest and Ordinary.
§2 The proper
parish priest or Ordinary of a vagus is the parish priest or Ordinary of the
place where the vagus is actually residing.
§3 The proper
parish priest of one who has only a diocesan domicile or quasi‑domicile
is the parish priest of the place where that person is actually residing.
Can. 108 §1
Consanguinity is reckoned by lines and degrees.
§2 In the direct
line there are as many degrees as there are generations, that is, as there are
persons, not counting the common ancestor.
§3 In the
collateral line there are as many degrees as there are persons in both lines
together, not counting the common ancestor.
Can. 109 §1 Affinity
arises from a valid marriage, even if not consummated, and it exists between
the man and the blood relations of the woman, and likewise between the woman
and the blood relations of the man.
§2 It is reckoned
in such a way that the blood relations of the man are related by affinity to
the woman in the same line and the same degree, and vice versa.
Can. 110 Children
who have been adopted in accordance with the civil law are considered the
children of that person or those persons who have adopted them.
Can. 111 §1
Through the reception of baptism a child becomes a member of the latin Church
if the parents belong to that Church or, should one of them not belong to it,
if they have both by common consent chosen that the child be baptised in the
latin Church: if that common consent is lacking, the child becomes a member of
the ritual Church to which the father belongs.
§2 Any candidate
for baptism who has completed the fourteenth year of age may freely choose to
be baptised either in the latin Church or in another autonomous ritual Church;
in which case the person belongs to the Church which he or she has chosen.
Can. 112 §1 After
the reception of baptism, the following become members of another autonomous
ritual Church:
1° those who have
obtained permission from the Apostolic See;
2° a spouse who,
on entering marriage or during its course, has declared that he or she is
transferring to the autonomous ritual
Church of the
other spouse; on the dissolution of the marriage, however, that person may freely
return to the latin Church;
3° the children
of those mentioned in nn. 1 and 2 who have not completed their fourteenth year,
and likewise in a mixed marriage the children of a catholic party who has
lawfully transferred to another ritual Church; on completion of their
fourteenth year, however, they may return to the latin Church.
§2 The practice,
however long standing, of receiving the sacraments according to the rite of an
autonomous ritual Church, does not bring with it membership of that Church.
Can. 113 §1 The
catholic Church and the Apostolic See have the status of a moral person by
divine disposition.
§2 In the Church,
besides physical persons, there are also juridical persons, that is, in canon
law subjects of obligations and rights which accord with their nature.
Can. 114 §1
Aggregates of persons or of things which are directed to a purpose befitting
the Church’s mission, which transcends the purpose of the individuals, are
constituted juridical persons either by a provision of the law itself or by a
special concession given in the form of a decree by the competent authority.
§2 The purposes
indicated in §1 are understood to be those which concern works of piety, of the
apostolate or of charity, whether spiritual or temporal.
§3 The competent
ecclesiastical authority is not to confer juridical personality except on those
aggregates of persons or of things which aim at a genuinely useful purpose and
which, all things considered, have the means which are foreseen to be
sufficient to achieve the purpose in view.
Can. 115 §1
Juridical persons in the Church are either aggregates of persons or aggregates
of things.
§2 An aggregate
of persons, which must be made up of at least three persons, is collegial if
the members decide its conduct by participating together in making its
decisions, whether by equal right or not, in accordance with the law and the
statutes; otherwise, it is non‑collegial.
§3 An aggregate
of things, or an autonomous foundation, consists of goods or things, whether
spiritual or material, and is directed, in accordance with the law and the
statutes, by one or more physical persons or by a college.
Can. 116 §1
Public juridical persons are aggregates of persons or of things which are
established by the competent ecclesiastical authority so that, within the
limits allotted to them in the name of the Church, and in accordance with the
provisions of law, they might fulfil the specific task entrusted to them for
the public good. Other juridical persons are private.
§2 Public
juridical persons are given this personality either by the law itself or by a
special decree of the competent authority expressly granting it. Private
juridical persons are given this personality only by a special decree of the
competent authority expressly granting it.
Can. 117 No
aggregate of persons or of things seeking juridical personality can acquire it
unless its statutes are approved by the competent authority.
Can. 118 Those
persons represent, and act in the name of, a public juridical person whose
competence to do so is acknowledged by universal or particular law, or by their
own statutes; those persons represent a private juridical person who are given
this competence by their statutes.
Can. 119 In
regard to collegial acts, unless the law or the statutes provide otherwise:
1° in regard to
elections, provided a majority of those who must be summoned are present, what
is decided by an absolute majority of those present has the force of law. If
there have been two inconclusive scrutinies, a vote is to be taken between the
two candidates with the greatest number of votes or, if there are more than
two, between the two senior by age. After a third inconclusive scrutiny, that
person is deemed elected who is senior by age;
2° in regard to
other matters, provided a majority of those who must be summoned are present,
what is decided by an absolute majority of those present has the force of law.
If the votes are equal after two scrutinies, the person presiding can break the
tie with a casting vote;
3° that which
affects all as individuals must be approved by all.
Can. 120 §1 A
juridical person is by its nature perpetual. It ceases to exist, however, if it
is lawfully suppressed by the competent authority, or if it has been inactive
for a hundred years. A private juridical person also ceases to exist if the
association itself is dissolved in accordance with the statutes, or if, in the
judgement of the competent authority, the foundation itself has, in accordance
with the statutes, ceased to exist.
§2 If even a
single member of a collegial juridical person survives, and the aggregate of
persons has not, according to the statutes, ceased to exist, the exercise of
all the rights of the aggregate devolves upon that member.
Can. 121 When
aggregates of persons or of things which are public juridical persons are so
amalgamated that one aggregate, itself with a juridical personality, is formed,
this new juridical person obtains the patrimonial goods and rights which
belonged to the previous aggregates; it also accepts the liabilities of the
previous aggregates. In what concerns particularly the arrangements for the
goods and the discharge of obligations, the wishes of the founders and
benefactors, and any acquired rights must be safeguarded.
Can. 122 When an
aggregate which is a public juridical person is divided in such a way that part
of it is joined to another juridical person or a distinct public juridical
person is established from one part of it, the first obligation is to observe
the wishes of the founders and benefactors, the demands of acquired rights and
the requirements of the approved statutes. Then the competent ecclesiastical
authority, either personally or through an executor, is to ensure:
1° that the
divisible common patrimonial goods and rights, the monies owed and the other
liabilities, are divided between the juridical persons in question in due
proportion, in a fashion which is equitable and right, taking account of all
the circumstances and needs of both;
2° that the use
and enjoyment of the common goods which cannot be divided, be given to each
juridical person, and also that the liabilities which are proper to each are
the responsibility of each, in due proportion, in a fashion which is equitable
and right.
Can. 123 On the
extinction of a public juridical person, the arrangements for its patrimonial
goods and rights, and for its liabilities, are determined by law and the
statutes. If these do not deal with the matter, the arrangements devolve upon
the next higher juridical person, always with due regard for the wishes of the
founders or benefactors and for acquired rights. On the extinction of a private
juridical person, the arrangements for its goods and liabilities are governed
by its own statutes.
Can. 124 §1 For
the validity of a juridical act, it is required that it be performed by a
person who is legally capable, and it must contain those elements which
constitute the essence of the act, as well as the formalities and requirements
which the law prescribes for the validity of the act.
§2 A juridical
act which, as far as its external elements are concerned, is properly
performed, is presumed to be valid.
Can. 125 §1 An
act is invalid if performed as a result of force imposed from outside on a
person who was quite unable to resist it.
§2 An act
performed as a result of fear which is grave and unjustly inflicted, or as a
result of deceit, is valid, unless the law provides otherwise. However, it can
be rescinded by a court judgement, either at the instance of the injured party
or that party’s successors in law, or ex officio.
Can. 126 An act
is invalid when performed as a result of ignorance or of error which concerns
the substance of the act, or which amounts to a condition sine qua non;
otherwise it is valid, unless the law provides differently. But an act done as
a result of ignorance or error can give rise to a rescinding action in
accordance with the law.
Can. 127 §1 When
the law prescribes that, in order to perform a juridical act, a Superior
requires the consent or the advice of some college or group of persons, the
college or group must be convened in accordance with can. 166, unless, if there
is question of seeking advice only, particular or proper law provides
otherwise. For the validity of the act, it is required that the consent be
obtained of an absolute majority of those present, or that the advice of all be
sought.
§2 When the law
prescribes that, in order to perform a juridical act, a Superior requires the
consent or advice of certain persons as individuals:
1° if consent is
required, the Superior’s act is invalid if the Superior does not seek the
consent of those persons, or acts against the vote of all or of any of them;
2° if advice is
required, the Superior’s act is invalid if the Superior does not hear those
persons. The Superior is not in any way bound to accept their vote, even if it
is unanimous; nevertheless, without what is, in his or her judgement, an
overriding reason, the Superior is not to act against their vote, especially if
it is a unanimous one.
§3 All whose
consent or advice is required are obliged to give their opinions sincerely. If
the seriousness of the matter requires it, they are obliged carefully to
maintain secrecy, and the Superior can insist on this obligation.
Can. 128 Whoever
unlawfully causes harm to another by a juridical act, or indeed by any other
act which is deceitful or culpable, is obliged to repair the damage done.
Can. 129 §1 Those
who are in sacred orders are, in accordance with the provisions of law, capable
of the power of governance, which belongs to the Church by divine institution.
This power is also called the power of jurisdiction.
§2 Lay members of
Christ’s faithful can cooperate in the exercise of this same power in
accordance with the law.
Can. 130 Of
itself the power of governance is exercised for the external forum; sometimes
however it is exercised for the internal forum only, but in such a way that the
effects which its exercise is designed to have in the external forum are not
acknowledged in that forum, except in so far as the law prescribes this for
determinate cases.
Can. 131 §1
Ordinary power of governance is that which by virtue of the law itself is
attached to a given office; delegated power is that which is granted to a
person other than through an office.
§2 Ordinary power
of governance may be proper or vicarious.
§3 One who claims
to have been delegated has the onus of proving the delegation.
Can. 132 §1
Habitual faculties are governed by the provisions concerning delegated power.
§2 However,
unless the grant has expressly provided otherwise, or the Ordinary was
deliberately chosen as the only one to exercise the faculty, an habitual
faculty granted to an Ordinary does not lapse on the expiry of the authority of
the Ordinary to whom it was given, even if he has already begun to exercise the
faculty, but it passes to the Ordinary who succeeds him in governance.
Can. 133 §1 A
delegate who exceeds the limits of the mandate, with regard either to things or
to persons, performs no act at all.
§2 A delegate is
not considered to have exceeded the mandate when what was delegated is carried
out, but in a manner different to that determined in the mandate, unless the
manner was prescribed for validity by the delegating authority.
Can. 134 §1 In
law the term Ordinary means, apart from the Roman Pontiff, diocesan Bishops and
all who, even for a time only, are set over a particular Church or a community
equivalent to it in accordance with can. 368, and those who in these have
general ordinary executive power, that is, Vicars general and episcopal Vicars;
likewise, for their own members, it means the major Superiors of clerical
religious institutes of pontifical right and of clerical societies of apostolic
life of pontifical right, who have at least ordinary executive power.
§2 The term local
Ordinary means all those enumerated in §1, except Superiors of religious
institutes and of societies of apostolic life.
§3 Whatever in
the canons, in the context of executive power, is attributed to the diocesan
Bishop, is understood to belong only to the diocesan Bishop and to those others
in can. 381 §2 who are equivalent to him, to the exclusion of the Vicar general
and the episcopal Vicar except by special mandate.
Can. 135 §1 The
power of governance is divided into legislative, executive and judicial power.
§2 Legislative
power is to be exercised in the manner prescribed by law; that which in the
Church a legislator lower than the supreme authority has cannot be delegated,
unless the law explicitly provides otherwise. A lower legislator cannot validly
make a law which is contrary to that of a higher legislator.
§3 Judicial
power, which is possessed by judges and judicial colleges, is to be exercised
in the manner prescribed by law, and it cannot be delegated except for the
performance of acts preparatory to some decree or judgement.
§4 As far as the
exercise of executive power is concerned, the provisions of the following
canons are to be observed.
Can. 136 Persons
may exercise executive power over their subjects, even when either they
themselves or their subjects are outside the territory, unless it is otherwise
clear from the nature of things or from the provisions of law. They can
exercise this power over peregrini who are actually living in the territory, if
it is a question of granting favours, or of executing universal or particular
laws by which the peregrini are bound in accordance with can. 13 §2, n. 2.
Can. 137 §1
Ordinary executive power can be delegated either for an individual case or for
all cases, unless the law expressly provides otherwise.
§2 Executive
power delegated by the Apostolic See can be subdelegated, either for an
individual case or for all cases, unless the delegation was deliberately given
to the individual alone, or unless subdelegation was expressly prohibited.
§3 Executive
power delegated by another authority having ordinary power, if delegated for
all cases, can be subdelegated only for individual cases; if delegated for a
determinate act or acts, it cannot be subdelegated, except by the express grant
of the person delegating.
§4 No
subdelegated power can again be subdelegated, unless this was expressly granted
by the person delegating.
Can. 138 Ordinary
executive power, and power delegated for all cases, are to be interpreted
widely; any other power is to be interpreted strictly. Delegation of power to a
person is understood to include everything necessary for the exercise of that
power.
Can. 139 §1
Unless the law prescribes otherwise, the tact that a person approaches some
competent authority, even a higher one, does not mean that the executive power
of another competent authority is suspended, whether that be ordinary or
delegated.
§2 A lower
authority, however, is not to interfere in cases referred to higher authority,
except for a grave and urgent reason; in which case the higher authority is to
be notified immediately.
Can. 140 §1 When
several people are together delegated to act in the same matter, the person who
has begun to deal with it excludes the others from acting, unless that person
is subsequently impeded, or does not wish to proceed further with the matter.
§2 When several
people are delegated to act as a college in a certain matter, all must proceed
in accordance with can. 119, unless the mandate provides otherwise.
§3 Executive
power delegated to several people is presumed to be delegated to them together.
Can. 141 If
several people are successively delegated, that person is to deal with the
matter whose mandate was the earlier and was not subsequently revoked.
Can. 142 §1
Delegated power lapses: on the completion of the mandate; on the expiry of the
time or the completion of the number of cases for which it was granted; on the
cessation of the motivating reason for the delegation; on its revocation by the
person delegating, when communicated directly to the person delegated; and on
the retirement of the person delegated, when communicated to and accepted by
the person delegating. It does not lapse on the expiry of the authority of the
person delegating, unless this appears from clauses attached to it.
§2 An act of
delegated power exercised for the internal forum only, which is inadvertently
performed after the time limit of the delegation, is valid.
Can. 143 §1
Ordinary power ceases on the loss of the office to which it is attached.
§2 Unless the law
provides otherwise, ordinary power is suspended if an appeal or a recourse is
lawfully made against a deprivation of, or removal from, office.
Can. 144 §1 In
common error, whether of fact or of law, and in positive and probable doubt,
whether of law or of fact, the Church supplies executive power of governance
for both the external and the internal forum.
§2 The same norm
applies to the faculties mentioned in cann. 883, 966, and 1111 §1.
Can. 145 §1 An
ecclesiastical office is any post which by divine or ecclesiastical disposition
is established in a stable manner to further a spiritual purpose.
§2 The duties and
rights proper to each ecclesiastical office are defined either by the law
whereby the office is established, or by a decree of the competent authority
whereby it is at one and at the same time established and conferred.
Can. 146 An
ecclesiastical office cannot be validly obtained without canonical provision.
Can. 147 The
provision of an ecclesiastical office is effected: by its being freely
conferred by the competent ecclesiastical authority; by appointment made by the
same authority, where there has been a prior presentation; by confirmation or
admission by the same authority, where there has been a prior election or
postulation; finally, by a simple election and acceptance of the election, if
the election does not require confirmation.
Can. 148 Unless
the law provides otherwise, the provision of an office is the prerogative of
the authority which is competent to establish, change or suppress the office.
Can. 149 §1 In
order to be promoted to an ecclesiastical office, one must be in communion with
the Church, and be suitable, that is, possessed of those qualities which are
required for that office by universal or particular law or by the law of the
foundation.
§2 The provision
of an ecclesiastical office to a person who lacks the requisite qualities is
invalid only if the qualities are expressly required for validity by universal
or particular law or by the law of the foundation; otherwise it is valid, but
it can be rescinded by a decree of the competent authority or by a judgement of
an administrative tribunal.
§3 The provision
of an office made as a result of simony, is invalid by virtue of the law
itself.
Can. 150 An
office which carries with it the full care of souls, for which the exercise of
the order of priesthood is required, cannot validly be conferred upon a person
who is not yet a priest.
Can. 151 The
provision of an office which carries with it the care of souls is not to be
deferred without grave reason.
Can. 152 Two or
more offices which are incompatible, that is, which cannot be exercised at the
same time by the same person, are not to be conferred upon anyone.
Can. 153 §1 The
provision of an office which in law is not vacant is by that very fact invalid,
nor does it become valid by subsequent vacancy.
§2 If, however,
there is question of an office which by law is conferred for a determinate
time, provision can be made within six months before the expiry of this time,
and it takes effect from the day the office falls vacant.
§3 The promise of
any office, by whomsoever it is made, has no juridical effect.
Can. 154 An
office which in law is vacant, but which someone unlawfully still holds, may be
conferred, provided that it has been properly declared that such possession is
not lawful, and that mention is made of this declaration in the letter of
conferral.
Can. 155 One who
confers an office in the place of another who is negligent or impeded, does not
thereby acquire any power over the person on whom the office is conferred; the
juridical condition of the latter is the same as if the provision of the office
had been carried out in accordance with the ordinary norm of law.
Can. 156 The
provision of any office is to be made in writing.
Can. 157 Unless
the law expressly states otherwise, it is the prerogative of the diocesan
Bishop to make appointments to ecclesiastical offices in his own particular
Church by free conferral.
Can. 158 §1
Presentation to an ecclesiastical office by a person having the right of
presentation must be made to the authority who is competent to make an
appointment to the office in question; unless it is otherwise lawfully
provided, presentation is to be made within three months of receiving
notification of the vacancy of the office.
§2 If the right
of presentation belongs to a college or group of persons, the person to be
presented is to be designated according to the provisions of cann. 165‑‑179.
Can. 159 No one
is to be presented who is unwilling. Accordingly, one who is proposed for
presentation must be consulted, and may be presented if within eight canonical
days a refusal is not entered.
Can. 160 §1 One
who has the right of presentation may present one or more persons, either
simultaneously or successively.
§2 No persons may
present themselves. However a college or a group of persons may present one of
its members.
Can. 161 §1
Unless the law prescribes otherwise, one who has presented a person who is
judged unsuitable, may within a month present another candidate, but once only.
§2 If before the
appointment is made the person presented has withdrawn or has died, the one
with the right of presentation may exercise this right again, within a month of
receiving notice of the withdrawal or of the death.
Can. 162 A person
who has not presented anyone within the canonical time prescribed by can. 158
§1 and can. 161, or who has twice presented a candidate judged to be
unsuitable, loses the right of presentation for that case. The authority who is
competent to appoint may then freely provide for the vacant office, but with
the consent of the proper Ordinary of the person appointed.
Can. 163 The
authority to whom, in accordance with the law, it belongs to appoint one who is
presented, is to appoint the person lawfully presented whom he has judged
suitable, and who has accepted. If a number lawfully presented are judged
suitable, he is to appoint one of them.
Can. 164 Unless
it has been otherwise provided in the law, the provisions of the following canons
are to be observed in canonical elections.
Can. 165 Unless
it is otherwise provided in the law or in the statutes of the college or group,
if a college or a group of persons enjoys the right to elect to an office, the
election is not to be deferred beyond three canonical months, to be reckoned from
the receipt of notification of the vacancy of the office. If the election does
not take place within that time, the ecclesiastical authority who has the right
of confirming the election or the right to make provision otherwise, is freely
to provide for the vacant office.
Can. 166 §1 The
one who presides over the college or group is to summon all those who belong to
the college or group. When it has to be personal, the summons is valid if it is
made in the place of domicile or quasi‑domicile or in the place of
residence.
§2 If someone who
should have been summoned was overlooked and was therefore absent, the election
is valid. However, if that person insists and gives proof of being overlooked
and of absence, the election, even if confirmed, must be rescinded by the
competent authority, provided it is juridically established that the recourse
was submitted within no more than three days of having received notification of
the election.
§3 If more than
one third of the voters were overlooked, the election is invalid by virtue of
the law itself, unless all those overlooked were in fact present.
Can. 167 §1 When
the summons has been lawfully made, those who are present on the day and in the
place specified in the summons have the right to vote. Unless it is otherwise
lawfully provided in the statutes, votes cast by letter or by proxy cannot be
admitted.
§2 If an elector
is present in the building in which the election is being held, but because of
infirmity is unable to be present at the election, a written vote is to be
sought from that person by the scrutineers.
Can. 168 Even if
someone has a right to vote in his or her own name by reason of a number of
titles, that person may cast only one vote.
Can. 169 In order
that an election be valid, no one may be allowed to vote who does not belong to
the college or group.
Can. 170 If the
freedom of an election has in any way been in fact impeded, the election is
invalid by virtue of the law itself.
Can. 171 §1 The
following are legally incapable of casting a vote:
1° one incapable
of a human act;
2° one lacking
active voice;
3° one who is
excommunicated, whether by judgement of a court or by a decree whereby this
penalty is imposed or declared;
4° one who notoriously
defected from communion with the Church.
§2 If any of the
above persons is admitted, the vote cast is invalid. The election, however, is
valid, unless it is established that, without this vote, the person elected
would not have gained the requisite number of votes.
Can. 172 §1 For a
vote to be valid, it must be:
1° free; a vote
is therefore invalid if, through grave fear or deceit, someone was directly or
indirectly made to choose a certain person or several persons separately;
2° secret,
certain, absolute and determinate.
§2 Conditions
attached to a vote before an election are to be considered non‑existent.
Can. 173 §1
Before an election begins, at least two scrutineers are to be appointed from
among the college or group.
§2 The
scrutineers are to collect the votes and, in the presence of the one who
presides at the election, to check whether the number of votes corresponds to
the number of electors; they are then to examine the votes and to announce how
many each person has received.
§3 If the number
of votes exceeds the number of electors, the act is null.
§4 All the
proceedings of an election are to be accurately recorded by the one who acts as
notary. They are to be signed at least by that notary, by the person who
presides and by the scrutineers, and they are to be carefully preserved in the
archive of the college.
Can. 174 §1
Unless the law or the statutes provide otherwise, an election can be made by
compromise, that is the electors by unanimous and written consent transfer the
right of election for this occasion to one or more suitable persons, whether
they belong to the college or are outside it, who in virtue of this authority
are to elect in the name of all.
§2 If the college
or group consists solely of clerics, the persons to whom the power of election
is transferred must be in sacred orders; otherwise the election is invalid.
§3 Those to whom
the power of election is transferred must observe the provisions of law
concerning an election and, for the validity of the election, they must observe
the conditions attached to the compromise, unless these conditions are contrary
to the law. Conditions which are contrary to the law are to be regarded as non‑existent.
Can. 175 A
compromise ceases, and the right to vote reverts to those who transferred it,
when:
1° it is revoked
by the college or group before it has been put into effect;
2° a condition
attached to the compromise has not been fulfilled;
3° the election
has been held, but invalidly.
Can. 176 Unless
it is otherwise provided in the law or the statutes, the person who has
received the requisite number of votes in accordance with can. 119, n. 1, is
deemed elected and is to be proclaimed by the person who presides over the
college or group.
Can. 177 §1 The
election is to be notified immediately to the person elected who must, within
eight canonical days from the receipt of notification of the election, intimate
to the person who presides over the college or group whether or not he or she
accepts the election; otherwise, the election has no effect.
§2 The person
elected who has not accepted loses every right deriving from the election, nor
is any right revived by subsequent acceptance; the person may, however, be
elected again. The college or group must proceed to a new election within a
month of being notified of non‑acceptance.
Can. 178 If the
election does not require confirmation, by accepting the election the person
elected immediately obtains the office with all its rights; otherwise, he or
she acquires only a right to the office.
Can. 179 §1 If
the election requires confirmation, the person elected must, either personally
or through another, ask for confirmation by the competent authority within
eight canonical days of acceptance of the office‑ otherwise that person
is deprived of every right, unless he or she has established that there was
just reason which prevented confirmation being sought.
§2 The competent
authority cannot refuse confirmation if he has found the person elected
suitable in accordance with can. 149 §1, and the election has been carried out
in accordance with the law.
§3 Confirmation
must be given in writing.
§4 Before
receiving notice of the confirmation, the person elected may not become
involved in the administration of the office, neither in spiritual nor in
material affairs; any acts possibly performed by that person are invalid.
§5 When
confirmation has been notified, the person elected obtains full right to the
office, unless the law provides otherwise.
Can. 180 §1 If a
canonical impediment, from which a dispensation is possible and customary,
stands in the way of the election of a person whom the electors judge more
suitable and prefer, they can, unless the law provides otherwise, postulate
that person from the competent authority.
§2 Those to whom
the power of electing has been transferred by compromise may not make a
postulation, unless this is expressly stated in the terms of the compromise.
Can. 181 §1 For a
postulation to have effect, at least two thirds of the votes are required.
§2 A vote for
postulation must be expressed by the term ‘I postulate’, or an equivalent. The
formula ‘I elect or postulate’, or its equivalent, is valid for election if
there is no impediment; otherwise, it is valid for postulation.
Can. 182 §1 The
postulation must be sent, within eight canonical days, by the person who
presides to the authority which is competent to confirm the election, to whom
it belongs to grant the dispensation from the impediment or, if he has not this
authority, to seek the dispensation from a superior authority. If confirmation
is not required, the postulation must be sent to the authority which is
competent to grant the dispensation.
§2 If the
postulation is not forwarded within the prescribed time, it is by that very
fact invalid, and the college or group is for that occasion deprived of the
right of election or of postulation, unless it is proved that the person
presiding was prevented by a just impediment from forwarding the postulation,
or did not do so in due time because of deceit or negligence.
§3 The person
postulated does not acquire any right from the postulation; the competent
authority is not obliged to admit the postulation.
§4 The electors
may not revoke a postulation made to the competent authority, except with the
consent of that authority.
Can. 183 §1 If a
postulation is not admitted by the competent authority the right of election
reverts to the college or group.
§2 If the
postulation has been admitted, this is to be notified to the person postulated,
who must reply in accordance with can. 177 §1.
§3 The person who
accepts a postulation which has been admitted immediately obtains full right to
the office.
Can. 184 §1 An
ecclesiastical office is lost on the expiry of a predetermined time; on
reaching the age limit defined by law; by resignation; by transfer; by removal;
by deprivation.
§2 An
ecclesiastical office is not lost on the expiry, in whatever way, of the
authority of the one by whom it was conferred, unless the law provides
otherwise.
§3 The loss of an
office, once it has taken effect, is to be notified as soon as possible to
those who have any right in regard to the provision of the office.
Can. 185 The
title ‘emeritus’ may be conferred on one who loses office by reason of age, or
of resignation which has been accepted.
Can. 186 Loss of
office by reason of the expiry of a predetermined time or of reaching the age
limit, has effect only from the moment that this is communicated in writing by
the competent authority.
Can. 187 Anyone
who is capable of personal responsibility can resign from an ecclesiastical
office for a just reason.
Can. 188 A
resignation which is made as a result of grave fear unjustly inflicted, or of
deceit, or of substantial error, or of simony, is invalid by virtue of the law
itself.
Can. 189 §1 For a
resignation to be valid, whether it requires acceptance or not, it must be made
to the authority which is competent to provide for the office in question, and
it must be made either in writing, or orally before two witnesses.
§2 The authority
is not to accept a resignation which is not based on a just and proportionate
reason.
§3 A resignation
which requires acceptance has no force unless it is accepted within three
months. One which does not require acceptance takes effect when the person
resigning communicates it in accordance with the law.
§4 Until a
resignation takes effect, it can be revoked by the person resigning. Once it
has taken effect, it cannot be revoked, but the person who resigned can obtain
the office on the basis of another title.
Can. 190 §1 A
transfer can be made only by the person who has the right to provide both for
the office which is lost and at the same time for the office which is being
conferred.
§2 A grave reason
is required if a transfer is made against the will of the holder of an office
and, always without prejudice to the right to present reasons against the
transfer, the procedure prescribed by law is to be observed.
§3 For a transfer
to have effect, it must be notified in writing.
Can. 191 §1 In
the process of transfer, the first office is vacated by the taking of canonical
possession of the other office, unless the law or the competent authority has
prescribed otherwise.
§2 The person
transferred receives the remuneration attached to the previous office until the
moment of obtaining canonical possession of the other office.
Can. 192 One is
removed from office either by a decree of the competent authority lawfully
issued, observing of course the rights possibly acquired from a contract, or by
virtue of the law in accordance with can. 194.
Can. 193 §1 No
one may be removed from an office which is conferred on a person for an
indeterminate time, except for grave reasons and in accordance with the
procedure defined by law.
§2 This also
applies to the removal from office before time of a person on whom an office is
conferred for a determinate time, without prejudice to can. 624 §3.
§3 When in
accordance with the provisions of law an office is conferred upon someone at
the prudent discretion of the competent authority, that person may, upon the
judgement of the same authority, be removed from the office for a just reason.
§4 For a decree
of removal to be effective, it must be notified in writing.
Can. 194 §1 The
following are removed from ecclesiastical office by virtue of the law itself:
1° one who has
lost the clerical state;
2° one who has
publicly defected from the catholic faith or from communion with the Church;
3° a cleric who
has attempted marriage, even a civil one.
§2 The removal
mentioned in nn. 2 and 3 can be insisted upon only if it is established by a
declaration of the competent authority.
Can. 195 If by a
decree of the competent authority, and not by the law itself, someone is
removed from an office on which that person’s livelihood depends, the same
authority is to ensure that the person’s livelihood is secure for an
appropriate time, unless this has been provided for in some other way.
Can. 196 §1
Deprivation of office, that is, as a punishment for an offence, may be effected
only in accordance with the law.
§2 Deprivation
takes effect in accordance with the provisions of the canons concerning penal
law.
Can. 197
Prescription, as a means of acquiring or of losing a subjective right, or as a
means of freeing oneself from obligations, is, apart from the exceptions
prescribed in the canons of this Code, accepted by the Church in the manner in
which it is adopted in the civil legislation of each country.
Can. 198 No
prescription is valid unless it is based on good faith, not only in its
beginning, but throughout the whole time required for the prescription, without
prejudice to can. 1362.
Can. 199 The
following are not affected by prescription:
1° rights and
obligations which are of divine law, whether natural or positive;
2° rights which
can be obtained only by apostolic privilege;
3° rights and
obligations which bear directly on the spiritual life of Christ’s faithful;
4° the certain
and undisputed boundaries of ecclesiastical territories;
5° Mass offerings
and obligations;
6° the provision
of an ecclesiastical office which, in accordance with the law, requires the
exercise of a sacred order;
7° the right of
visitation and the obligation of obedience, so that Christ’s faithful could not
be visited by an ecclesiastical authority and would no longer be subject to any
authority.
Can. 200 Unless
the law provides otherwise, time is to be reckoned in accordance with the
following canons.
Can. 201 §1
Continuous time means unbroken time.
§2 Canonical time
is time which a person can so use to exercise or to pursue a right that it does
not run when one is unaware, or when one is unable to act.
Can. 202 §1 In
law, a day is understood to be a space of twenty‑four hours, to be
reckoned continuously and, unless expressly provided otherwise, it begins at
midnight; a week is a space of seven days‑ a month is a space of thirty
days, and a year a space of three hundred and sixty‑five days, unless it
is stated that the month and the year are to be taken as in the calendar.
§2 If time is
continuous, the month and the year are always to be taken as in the calendar.
Can. 203 §1 The
first day is not to be counted in the total, unless its beginning coincides
with the beginning of the day, or unless the law expressly provides otherwise.
§2 Unless the
contrary is prescribed, the final day is to be reckoned within the total; if
the total time is one or more months, one or more years, one or more weeks, it
finishes on completion of the last day bearing the same number or, if the month
does not have the same number, on the completion of the last day of that month.
Can. 204 §1
Christ’s faithful are those who, since they are incorporated into Christ
through baptism, are constituted the people of God. For this reason they
participate in their own way in the priestly, prophetic and kingly office of
Christ. They are called, each according to his or her particular condition, to
exercise the mission which God entrusted to the Church to fulfil in the world.
§2 This Church,
established and ordered in this world as a society, subsists in the catholic
Church, governed by the successor of Peter and the Bishops in communion with
him.
Can. 205 Those
baptised are in full communion with the catholic Church here on earth who are
joined with Christ in his visible body, through the bonds of profession of
faith, the sacraments and ecclesiastical governance.
Can. 206 §1
Catechumens are linked with the Church in a special way since, moved by the
Holy Spirit, they are expressing an explicit desire to be incorporated in the
Church. By this very desire, as well as by the life of faith, hope and charity
which they lead, they are joined to the Church which already cherishes them as
its own.
§2 The Church has
a special care for catechumens. While it invites them to lead an evangelical
life, and introduces them to the celebration of the sacred rites, it already
accords them various prerogatives which are proper to christians.
Can. 207 §1 By
divine institution, among Christ’s faithful there are in the Church sacred
ministers, who in law are also called clerics‑ the others are called lay
people.
§2 Drawn from
both groups are those of Christ’s faithful who, professing the evangelical
counsels through vows or other sacred bonds recognised and approved by the
Church, are consecrated to God in their own special way and promote the
salvific mission of the Church. Their state, although it does not belong to the
hierarchical structure of the Church, does pertain to its life and holiness.
Can. 208 Flowing
from their rebirth in Christ, there is a genuine equality of dignity and action
among all of Christ’s faithful. Because of this equality they all contribute,
each according to his or her own condition and office, to the building up of
the Body of Christ.
Can. 209 §1
Christ’s faithful are bound to preserve their communion with the Church at all
times, even in their external actions.
§2 They are to
carry out with great diligence their responsibilities towards both the
universal Church and the particular Church to which by law they belong.
Can. 210 All
Christ’s faithful, each according to his or her own condition, must make a
wholehearted effort to lead a holy life, and to promote the growth of the
Church and its continual sanctification.
Can. 211 All
Christ’s faithful have the obligation and the right to strive so that the
divine message of salvation may more and more reach all people of all times and
all places.
Can. 212 §1
Christ’s faithful, conscious of their own responsibility, are bound to show
christian obedience to what the sacred Pastors, who represent Christ, declare
as teachers of the faith and prescribe as rulers of the Church.
§2 Christ’s
faithful are at liberty to make known their needs, especially their spiritual
needs, and their wishes to the Pastors of the Church.
§3 They have the
right, indeed at times the duty, in keeping with their knowledge, competence
and position, to manifest to the sacred Pastors their views on matters which
concern the good of the Church. They have the right also to make their views
known to others of Christ’s faithful, but in doing so they must always respect
the integrity of faith and morals, show due reverence to the Pastors and take
into account both the common good and the dignity of individuals.
Can. 213 Christ’s
faithful have the right to be assisted by their Pastors from the spiritual
riches of the Church, especially by the word of God and the sacraments.
Can. 214 Christ’s
faithful have the right to worship God according to the provisions of their own
rite approved by the lawful Pastors of the Church; they also have the right to
follow their own form of spiritual life, provided it is in accord with Church
teaching.
Can. 215 Christ’s
faithful may freely establish and direct associations which serve charitable or
pious purposes or which foster the christian vocation in the world, and they
may hold meetings to pursue these purposes by common effort.
Can. 216 Since
they share the Church’s mission, all Christ’s faithful have the right to
promote and support apostolic action, by their own initiative, undertaken
according to their state and condition. No initiative, however, can lay claim
to the title ‘catholic’ without the consent of the competent ecclesiastical
authority.
Can. 217 Since
Christ’s faithful are called by baptism to lead a life in harmony with the
gospel teaching, they have the right to a christian education, which genuinely
teaches them to strive for the maturity of the human person and at the same
time to know and live the mystery of salvation.
Can. 218 Those
who are engaged in fields of sacred study have a just freedom to research
matters in which they are expert and to express themselves prudently concerning
them, with due allegiance to the magisterium of the Church.
Can. 219 All
Christ’s faithful have the right to immunity from any kind of coercion in
choosing a state in life.
Can. 220 No one
may unlawfully harm the good reputation which a person enjoys, or violate the
right of every person to protect his or her privacy.
Can. 221 §1
Christ’s faithful may lawfully vindicate and defend the rights they enjoy in
the Church, before the competent ecclesiastical forum in accordance with the
law.
§2 If any members
of Christ’s faithful are summoned to trial by the competent authority, they
have the right to be judged according to the provisions of the law, to be
applied with equity.
§3 Christ’s
faithful have the right that no canonical penalties be inflicted upon them
except in accordance with the law.
Can. 222 §1
Christ’s faithful have the obligation to provide for the needs of the Church,
so that the Church has available to it those things which are necessary for
divine worship, for apostolic and charitable work and for the worthy support of
its ministers.
§2 They are also
obliged to promote social justice and, mindful of the Lord’s precept, to help
the poor from their own resources.
Can. 223 §1 In
exercising their rights, Christ’s faithful, both individually and in
associations, must take account of the common good of the Church, as well as
the rights of others and their own duties to others.
§2 Ecclesiastical
authority is entitled to regulate, in view of the common good, the exercise of
rights which are proper to Christ’s faithful.
Can. 224 Lay
members of Christ’s faithful have the duties and rights enumerated in the
canons of this title, in addition to those duties and rights which are common
to all Christ’s faithful and those stated in other canons.
Can. 225 §1 Since
lay people, like all Christ’s faithful, are deputed to the apostolate by
baptism and confirmation, they are bound by the general obligation and they
have the right, whether as individuals or in associations, to strive so that
the divine message of salvation may be known and accepted by all people
throughout the world. This obligation is all the more insistent in
circumstances in which only through them are people able to hear the Gospel and
to know Christ.
§2 They have
also, according to the condition of each, the special obligation to permeate
and perfect the temporal order of things with the spirit of the Gospel. In this
way, particularly in conducting secular business and exercising secular
functions, they are to give witness to Christ.
Can. 226 §1 Those
who are married are bound by the special obligation, in accordance with their
own vocation, to strive for the building up of the people of God through their
marriage and family.
§2 Because they
gave life to their children, parents have the most serious obligation and the
right to educate them. It is therefore primarily the responsibility of
christian parents to ensure the christian education of their children in
accordance with the teaching of the Church.
Can. 227 To lay members
of Christ’s faithful belongs the right to have acknowledged as theirs that
freedom in secular affairs which is common to all citizens. In using this
freedom, however, they are to ensure that their actions are permeated with the
spirit of the Gospel, and they are to heed the teaching of the Church proposed
by the magisterium, but they must be on guard, in questions of opinion, against
proposing their own view as the teaching of the Church.
Can. 228 §1 Lay
people who are found to be suitable are capable of being admitted by the sacred
Pastors to those ecclesiastical offices and functions which, in accordance with
the provisions of law, they can discharge.
§2 Lay people who
are outstanding in the requisite knowledge, prudence and integrity, are capable
of being experts or advisors, even in councils in accordance with the law, in
order to provide assistance to the Pastors of the Church.
Can. 229 §1 Lay
people have the duty and the right to acquire the knowledge of christian
teaching which is appropriate to each one’s capacity and condition, so that
they may be able to live according to this teaching, to proclaim it and if
necessary to defend it, and may be capable of playing their part in the
exercise of the apostolate.
§2 They also have
the right to acquire that fuller knowledge of the sacred sciences which is
taught in ecclesiastical universities or faculties or in institutes of
religious sciences, attending lectures there and acquiring academic degrees.
§3 Likewise,
assuming that the provisions concerning the requisite suitability have been
observed, they are capable of receiving from the lawful ecclesiastical
authority a mandate to teach the sacred sciences.
Can. 230 §1 Lay
men whose age and talents meet the requirements prescribed by decree of the
Episcopal Conference, can be given the stable ministry of lector and of
acolyte, through the prescribed liturgical rite. This conferral of ministry
does not, however, give them a right to sustenance or remuneration from the
Church.
§2 Lay people can
receive a temporary assignment to the role of lector in liturgical actions.
Likewise, all lay people can exercise the roles of commentator, cantor or other
such, in accordance with the law.
§3 Where the
needs of the Church require and ministers are not available, lay people, even
though they are not lectors or acolytes, can supply certain of their functions,
that is, exercise the ministry of the word, preside over liturgical prayers,
confer baptism and distribute Holy Communion, in accordance with the provisions
of the law.
Can. 231 §1 Lay
people who are pledged to the special service of the Church, whether
permanently or for a time, have a duty to acquire the appropriate formation
which their role demands, so that they may conscientiously, earnestly and
diligently fulfil this role.
§2 Without
prejudice to the provisions of can. 230 §1, they have the right to a worthy
remuneration befitting their condition, whereby, with due regard also to the
provisions of the civil law, they can becomingly provide for their own needs
and the needs of their families. Likewise, they have the right to have their
insurance, social security and medical benefits duly safeguarded.
Can. 232 It is
the duty and the proper and exclusive right of the Church to train those who
are deputed to sacred ministries.
Can. 233 §1 It is
the duty of the whole christian community to foster vocations so that the needs
of the sacred ministry are sufficiently met in the entire Church. In
particular, this duty binds christian families, educa tors and, in a special
way, priests, especially parish priests. DiocesanBishops, who must show the
greatest concern to promote vocations, are to instruct the people entrusted to
them on the importance of the sacred ministry and the need for ministers in the
Church. They are to encourage and support initiatives to promote vocations,
especially movements established for this purpose.
§2 Moreover,
priests and especially diocesan Bishops are to be solicitous that men of more
mature years who believe they are called to the sacred ministries are prudently
assisted by word and deed and are duly prepared.
Can. 234 §1 Minor
seminaries and other institutions of a similar nature promote vocations by
providing a special religious formation, allied to human and scientific
education‑ where they exist, they are to be retained and fostered.
Indeed, where the diocesan Bishop considers it expedient, he is to provide for
the establishment of a minor seminary or similar institution.
§2 Unless the
circumstances of certain situations suggest otherwise, young men who aspire to
the priesthood are to receive that same human and scientific formation which
prepares their peers in their region for higher studies.
Can. 235 §1 Young
men who intend to become priests are to receive the appropriate religious
formation and instruction in the duties proper to the priesthood in a major
seminary, for the whole of the time of formation or, if in the judgement of the
diocesan Bishop circumstances require it, for at least four years.
§2 Those who
lawfully reside outside the seminary are to be entrusted by the diocesan Bishop
to a devout and suitable priest, who will ensure that they are carefully formed
in the spiritual life and in discipline.
Can. 236 Those
who aspire to the permanent diaconate are to be formed in the spiritual life
and appropriately instructed in the fulfilment of the duties proper to that
order, in accordance with the provisions made by the Episcopal Conference:
1° young men are
to reside for at least three years in a special houseunless the diocesan Bishop
for grave reasons decides otherwise,
2° men of more
mature years, whether celibate or married, are toprepare for three years in a
manner determined by the same Episcopal Conference.
Can. 237 §1 Where
it is possible and advisable, each diocese is to have a major seminary;
otherwise, students preparing for the sacred ministries are to be sent to the
seminary of another diocese, or an inter‑diocesan seminary is to be
established.
§2 An inter‑diocesan
seminary may not be established unless the prior approval of the Apostolic See
has been obtained, both for the establishment of the seminary and for its
statutes. Approval is also required from the Episcopal Conference if the
seminary is for the whole of its territory; otherwise, from the Bishops
concerned.
Can. 238 §1
Seminaries which are lawfully established have juridical personality in the
Church by virtue of the law itself.
§2 In the conduct
of all its affairs, the rector acts in the person of the seminary, unless for
certain matters the competent authority has prescribed otherwise.
Can. 239 §1 In
all seminaries there is to be a rector who presides over it, a vice‑rector,
if circumstances warrant this, and a financial administrator. Moreover, if the
students follow their studies in the seminary, there are to be professors who
teach the various subjects in a manner suitably coordinated between them.
§2 In every
seminary there is to be at least one spiritual director, though the students
are also free to approach other priests who have been deputed to this work by
the Bishop.
§3 The seminary
statutes are to determine the manner in which the other moderators, the
professors and indeed the students themselves, are to participate in the
rector’s responsibility, especially in regard to the maintenance of discipline.
Can. 240 §1
Besides ordinary confessors, other confessors are to come regularly to the
seminary; while maintaining seminary discipline, the students are always to be
free to approach any confessor, whether inside or outside the seminary.
§2 In deciding
about the admission of students to orders, or their dismissal from the
seminary, the vote of the spiritual director and the confessors may never be
sought.
Can. 241 §1 The
diocesan Bishop is to admit to the major seminary only those whose human,
moral, spiritual and intellectual gifts, as well as physical and psychological
health and right intention, show that they are capable of dedicating themselves
permanently to the sacred ministries.
§2 Before they
are accepted, they must submit documentation of their baptism and confirmation,
and whatever else is required by the provisions of the Charter of Priestly
Formation.
§3 If there is
question of admitting those who have been dismissed from another seminary or
religious institute, there is also required the testimony of the respective
superior, especially concerning the reason for their dismissal or departure.
Can. 242 §1 In
each country there is to be a Charter of Priestly Formation. It is to be drawn
up by the Episcopal Conference, taking account of the norms issued by the
supreme ecclesiastical authority, and it is to be approved by the Holy See;
moreover, it is to be adapted to new circumstances, likewise with the approval
of the Holy See. This Charter is to define the overall principles governing
formation in the seminary and the general norms which take account of the
pastoral needs of each region or province.
§2 The norms of
the Charter mentioned in §1 are to be observed in all seminaries, whether
diocesan or inter‑diocesan.
Can. 243 In
addition, each seminary is to have its own rule, approved by the diocesan
Bishop or, in the case of an inter‑diocesan seminary, by the Bishops
concerned. In this, the norms of the Charter of Priestly Formation are to be
adapted to the particular circumstances and developed in greater detail,
especially on points of discipline affecting the daily life of the students and
the good order of the entire seminary.
Can. 244 The
spiritual formation and the doctrinal instruction of the students in a seminary
are to be harmoniously blended. They are to be so planned that the students,
each according to his talents, simultaneously develop the requisite human
maturity and acquire the spirit of the Gospel and a close relationship with
Christ.
Can. 245 §1
Through their spiritual formation students are to be fitted for the fruitful
exercise of the pastoral ministry, and are to be inculcated with a sense of
mission. They are to learn that a ministry which is always exercised with
lively faith and charity contributes effectively to their personal
sanctification. They are to learn to cultivate those virtues which are highly
valued in human relationships, in such a way that they can arrive at an
appropriate harmony between human and supernatural values.
§2 Students are
to be so trained that, filled with love for Christ’s Church, they are linked to
the Roman Pontiff, the successor of Peter, in humble and filial charity, to
their own Bishop as his faithful co‑workers and to their brethren in
friendly cooperation. Through the common life in the seminary, and by
developing relationships of friendship and of association with others, they are
to be prepared for the fraternal unity of the diocesan presbyterium, in whose
service of the Church they will share.
Can. 246 §1 The
celebration of the Eucharist is to be the centre of the whole life of the
seminary, so that the students, participating in the very charity of Christ,
may daily draw strength of soul for their apostolic labour and for their
spiritual life particularly from this richest of sources.
§2 They are to be
formed in the celebration of the liturgy of the hours, by which the ministers
of God, in the name of the Church, intercede with Him for all the people
entrusted to them, and indeed for the whole world.
§3 Devotion to
the Blessed Virgin Mary, including the rosary, mental prayer and other
exercises of piety are to be fostered, so that the students may acquire the
spirit of prayer and be strengthened in their vocation.
§4 The students
are to become accustomed to approach the sacrament of penance frequently. It is
recommended that each should have a director of his spiritual life, freely
chosen, to whom he can trustfully reveal his conscience.
§5 Each year the
students are to make a spiritual retreat.
Can. 247 §1 By
appropriate instruction they are to be prepared to observe celibacy and to
learn to hold it in honour as a special gift of God.
§2 The students
are to be given all the requisite knowledge concerning the duties and burdens
which are proper to the sacred ministers of the Church, concealing none of the
difficulties of the priestly life.
Can. 248 The
doctrinal formation given is to be so directed that the students may acquire a
wide and solid teaching in the sacred sciences, together with a general culture
which is appropriate to the needs of place and time. As a result, with their
own faith founded on and nourished by this teaching, they ought to be able
properly to proclaim the Gospel to the people of their own time, in a fashion
suited to the manner of the people’s thinking.
Can. 249 The
Charter of Priestly Formation is to provide that the students are not only
taught their native language accurately, but are also well versed in latin, and
have a suitable knowledge of other languages which would appear to be necessary
or useful for their formation or for the exercise of their pastoral ministry.
Can. 250 The
philosophical and theological studies which are organised in the seminary
itself may be conducted either in succession or conjointly, in accordance with
the Charter of Priestly Formation. These studies are to take at least six full
years, in such a way that the time given to philosophical studies amounts to
two full years and that allotted to theological studies to four full years.
Can. 251
Philosophical formation must be based on the philosophical heritage that is
perennially valid, and it is also to take account of philosophical
investigations over the course of time. It is to be so given that it furthers
the human formation of the students, sharpens their mental edge and makes them
more fitted to engage in theological studies.
Can. 252 §1
Theological formation, given in the light of faith and under the guidance of
the magisterium, is to be imparted in such a way that the students learn the
whole of catholic teaching, based on divine Revelation, that they make it a
nourishment of their own spiritual lives, and that in the exercise of the
ministry they may be able properly to proclaim and defend it.
§2 Students are
to be instructed with special care in sacred Scripture, so that they may
acquire an insight into the whole of sacred Scripture.
§3 Lectures are
to be given in dogmatic theology, based always on the written word of God and
on sacred Tradition; through them the students are to learn to penetrate more
deeply into the mysteries of salvation, with St. Thomas in particular as their
teacher. Lectures are also to be given in moral and pastoral theology, canon
law, liturgy, ecclesiastical history, and other auxiliary and special
disciplines, in accordance with the provisions of the Charter on Priestly
Formation.
Can. 253 §1 The
Bishop or the Bishops concerned are to appoint as teachers in philosophical,
theological and juridical subjects only those who are of outstanding virtue and
have a doctorate or a licentiate from a university or faculty recognised by the
Holy See.
§2 Care is to be
taken that different professors are appointed for sacred Scripture, dogmatic
theology, moral theology, liturgy, philosophy, canon law and church history,
and for other disciplines which are to be taught by their own distinctive
methods.
§3 A professor
who seriously fails in his or her duty is to be removed by the authority
mentioned in §1.
Can. 254 §1 In
their lectures, the professors are to be continuously attentive to the intimate
unity and harmony of the entire doctrine of faith, so that the students are
aware that they are learning one science. To ensure this, there is to be
someone in the seminary who is in charge of the overall organisation of
studies.
§2 The students
are to be taught in such a way that they themselves are enabled to research
various questions in the scientific way appropriate to each question. There
are, therefore, to be assignments in which, under the guidance of the
professors, the students learn to work out certain subjects by their own
efforts.
Can. 255 Although
the whole formation of students in the seminary has a pastoral purpose, a
specifically pastoral formation is also to be provided there; in this the
students are to learn the principles and the techniques which, according to the
needs of place and time, are relevant to the ministry of teaching, sanctifying
and ruling the people of God.
Can. 256 §1
Students are to be carefully instructed in whatever especially pertains to the
sacred ministry, particularly in catechetics and homiletics, in divine worship
and in a special way in the celebration of the sacraments, in dealing with
people, including non‑catholics and unbelievers, in parish administration
and in the fulfilment of other tasks.
§2 The students
are to be instructed about the needs of the universal Church, so that they may
have a solicitude for encouraging vocations, for missionary and ecumenical
questions, and for other pressing matters, including social problems.
Can. 257 §1 The
formation of students is to ensure that they are concerned not only for the
particular Church in which they are incardinated, but also for the universal
Church, and that they are ready to devote themselves to particular Churches
which are beset by grave need.
§2 The diocesan
Bishop is to ensure that clerics who intend to move from their own particular
Church to a particular Church in another region, are suitably prepared to
exercise the sacred ministry there, that is, that they learn the language of
the region, and have an understanding of its institutions, social conditions,
usages and customs.
Can. 258 In order
that the students may also by practice learn the art of exercising the
apostolate, they are in the course of their studies, and especially during
holiday time, to be initiated into pastoral practice by suitable assignments,
always under the supervision of an experienced priest. These assignments,
appropriate to the age of the student and the conditions of the place, are to
be determined by the Ordinary.
Can. 259 §1 It
belongs to the diocesan Bishop or, in the case of an inter‑diocesan
seminary, to the Bishops concerned to determine those matters which concern the
overall control and administration of the seminary.
§2 The diocesan
Bishop or, in the case of an inter‑diocesan seminary, the Bishops
concerned, are frequently to visit the seminary in person. They are to oversee
the formation of their students, and the philosophical and theological
instruction given in the seminary. They are to inform themselves about the
vocation, character, piety and progress of the students, in view particularly
to the conferring of sacred orders.
Can. 260 In the
fulfilment of their duties, all must obey the rector, who is responsible for
the day to day direction of the seminary, in accordance with the norms of the
Charter of Priestly Formation and the rule of the seminary.
Can. 261 §1 The
rector of the seminary is to ensure that the students faithfully observe the
norms of the Charter of Priestly Formation and the rule of the seminary; under
his authority, and according to their different positions, the moderators and
professors have the same responsibility.
Can. 262 The
seminary is to be exempt from parochial governance. For all those in the
seminary, the function of the parish priest is to be discharged by the rector
of the seminary or his delegate, with the exception of matters concerning
marriage and without prejudice to the provisions of can. 985.
Can. 263 The
diocesan Bishop must ensure that the building and maintenance of the seminary,
the support of the students, the remuneration of the teachers and the other
needs of the seminary are provided for. In an inter‑diocesan seminary
this responsibility devolves upon the Bishops concerned, each to the extent
allotted by their common agreement.
Can. 264 §1 To
provide for the needs of the seminary, the Bishop can, apart from the
collection mentioned in can. 1266, impose a levy in the diocese.
§2 Every
ecclesiastical juridical person is subject to the levy for the seminary,
including even private juridical persons, which have a centre in the diocese.
Exception is made for those whose sole support comes from alms, or in which
there is actually present a college of students or of teachers for furthering
the common good of the Church. This levy should be general, proportionate to
the revenue of those who are subject to it and calculated according to the
needs of the seminary.
Can. 265 Every
cleric must be incardinated in a particular church, or in a personal Prelature,
or in an institute of consecrated life or a society which has this faculty:
accordingly, acephalous or ‘wandering’ clergy are in no way to be allowed.
Can. 266 §1 By
the reception of the diaconate a person becomes a cleric, and is incardinated
in the particular Church or personal Prelature for whose service he is
ordained.
§2 A member who
is perpetually professed in a religious institute, or who is definitively
incorporated into a clerical society of apostolic life, is by the reception of
the diaconate incardinated as a cleric in that institute or society unless, in
the case of a society, the constitutions determine otherwise.
§3 A member of a
secular institute is by the reception of the diaconate incardinated into the
particular Church for whose service he was ordained, unless by virtue of a
concession of the Apostolic See he is incardinated into the institute itself.
Can. 267 §1 To be
validly incardinated in another particular Church, a cleric who is already
incardinated must obtain a letter of excardination signed by the diocesan
Bishop, and in the same way a letter of incardination signed by the diocesan
Bishop of the particular Church in which he wishes to be incardinated.
§2 Excardination
granted in this way does not take effect until incardination is obtained in the
other particular Church.
Can. 268 §1 A
cleric who has lawfully moved from his own particular Church to another is, by
virtue of the law itself, incardinated in that latter Church after five years,
if he has declared this intention in writing to both the diocesan Bishop of the
host diocese and his own diocesan Bishop, and neither of the two Bishops has indicated
opposition in writing within four months of receiving the cleric’s written
request.
§2 By perpetual
or definitive admission into an institute of consecrated life or a society of
apostolic life, a cleric who in accordance with can. 266 is incardinated in
that institute or society, is excardinated from his own particular Church.
Can. 269 A
diocesan Bishop is not to incardinate a cleric unless:
1° the need or
the advantage of his particular Church requires it and the provisions of law
concerning the worthy support of the cleric are observed;
2° he knows by a
lawful document that excardination has been granted, and has also obtained from
the excardinating Bishop, under secrecy if need be, appropriate testimonials
concerning the cleric’s life, behaviour and studies;
3° the cleric
declares in writing to the same Bishop that he wishes to enter the service of
the new particular Church in accordance with the norms of law.
Can. 270
Excardination can be lawfully granted only for a just reason, such as the
advantage of the Church or the good of the cleric. It may not, however, be
refused unless grave reasons exist; it is lawful for a cleric who considers
himself to be unfairly treated and who has a Bishop to receive him, to have
recourse against the decision.
Can. 271 §1
Except for a grave need of his own particular Church, a Bishop is not to refuse
clerics seeking permission to move whom he knows to be prepared and considers
suitable to exercise the ministry in regions which suffer from a grave shortage
of clergy. He is to ensure, however, that the rights and duties of these
clerics are determined by written agreement with the diocesan Bishop of the
place to which they wish to move.
§2 A Bishop can
give permission to his clerics to move to another particular Church for a
specified time. Such permission can be renewed several times, but in such a way
that the clerics remain incardinated in their own particular Church, and on
returning there enjoy all the rights which they would have had if they had
ministered there.
§3 A cleric who
lawfully moves to another particular Church while remaining incardinated in his
own, may for a just reason be recalled by his own Bishop, provided the
agreements entered into with the other Bishop are honoured and natural equity
is observed. Under the same conditions, the Bishop of the other particular
Church can for a just reason refuse the cleric permission to reside further in
his territory.
Can. 272 The
diocesan Administrator cannot grant excardination nor incardination, nor permission
to move to another particular Church, unless the episcopal see has been vacant
for a year, and he has the consent of the college of consultors.
Can. 273 Clerics
have a special obligation to show reverence and obedience to the Supreme
Pontiff and to their own Ordinary.
Can. 274 §1 Only
clerics can obtain offices the exercise of which requires the power of order or
the power of ecclesiastical governance.
§2 Unless excused
by a lawful impediment, clerics are obliged to accept and faithfully fulfil the
office committed to them by their Ordinary.
Can. 275 §1 Since
all clerics are working for the same purpose, namely the building up of the
body of Christ, they are to be united with one another in the bond of
brotherhood and prayer. They are to seek to cooperate with one another, in
accordance with the provisions of particular law.
§2 Clerics are to
acknowledge and promote the mission which the laity, each for his or her part,
exercises in the Church and in the world.
Can. 276 §1
Clerics have a special obligation to seek holiness in their lives, because they
are consecrated to God by a new title through the reception of orders, and are
stewards of the mysteries of God in the service of His people.
§2 In order that
they can pursue this perfection:
1° they are in
the first place faithfully and untiringly to fulfil the obligations of their
pastoral ministry;
2° they are to
nourish their spiritual life at the twofold table of the sacred Scripture and
the Eucharist; priests are therefore earnestly invited to offer the eucharistic
Sacrifice daily, and deacons to participate daily in the offering;
3° priests, and
deacons aspiring to the priesthood, are obliged to carry out the liturgy of the
hours daily, in accordance with their own approved liturgical books; permanent
deacons are to recite that part of it determined by the Episcopal Conference;
4° they are also
obliged to make spiritual retreats, in accordance with the provision of
particular law;
5° they are
exhorted to engage regularly in mental prayer, to approach the sacrament of
penance frequently, to honour the Virgin Mother of God with particular
veneration, and to use other general and special means to holiness.
Can. 277 §1
Clerics are obliged to observe perfect and perpetual continence for the sake of
the Kingdom of heaven, and are therefore bound to celibacy. Celibacy is a
special gift of God by which sacred ministers can more easily remain close to
Christ with an undivided heart, and can dedicate themselves more freely to the
service of God and their neighbour.
§2 Clerics are to
behave with due prudence in relation to persons whose company can be a danger
to their obligation of preserving continence or can lead to scandal of the
faithful.
§3 The diocesan
Bishop has authority to establish more detailed rules concerning this matter,
and to pass judgement on the observance of the obligation in particular cases.
Can. 278 §1 The
secular clergy have the right of association with others for the achievement of
purposes befitting the clerical state.
§2 The secular
clergy are to hold in high esteem those associations especially whose statutes
are recognised by the competent authority and which, by a suitable and well
tried rule of life and by fraternal support, promote holiness in the exercise
of their ministry and foster the unity of the clergy with one another and with
their Bishop.
§3 Clerics are to
refrain from establishing or joining associations whose purpose or activity
cannot be reconciled with the obligations proper to the clerical state, or
which can hinder the diligent fulfilment of the office entrusted to them by the
competent ecclesiastical authority.
Can. 279 §1
Clerics are to continue their sacred studies even after ordination to the
priesthood. They are to hold to that solid doctrine based on sacred Scripture
which has been handed down by our forebears and which is generally received in
the Church, as set out especially in the documents of the Councils and of the
Roman Pontiffs. They are to avoid profane novelties and pseudo‑science.
§2 Priests are to
attend pastoral courses to be arranged for them after their ordination, in
accordance with the provisions of particular law. At times determined by the
same law, they are to attend other courses, theological meetings or
conferences, which offer them an occasion to acquire further knowledge of the
sacred sciences and of pastoral methods.
§3 They are also
to seek a knowledge of other sciences, especially those linked to the sacred
sciences, particularly insofar as they benefit the exercise of the pastoral
ministry.
Can. 280 Some
manner of common life is highly recommended to clerics; where it exists, it is
as far as possible to be maintained.
Can. 281 §1 Since
clerics dedicate themselves to the ecclesiastical ministry, they deserve the
remuneration that befits their condition, taking into account both the nature
of their office and the conditions of time and place. It is to be such that it
provides for the necessities of their life and for the just remuneration of
those whose services they need.
§2 Suitable
provision is likewise to be made for such social welfare as they may need in
infirmity, sickness or old age.
§3 Married
deacons who dedicate themselves full‑time to the ecclesiastical ministry
deserve remuneration sufficient to provide for themselves and their families.
Those, however, who receive a remuneration by reason of a secular profession
which they exercise or exercised, are to see to their own and to their
families’ needs from that income.
Can. 282 §1
Clerics are to follow a simple way of life and avoid anything which smacks of
worldliness.
§2 Goods which
they receive on the occasion of the exercise of an ecclesiastical office, and
which are over and above what is necessary for their worthy upkeep and the
fulfilment of all the duties of their state, they may well wish to use for the
good of the Church and for charitable works.
Can. 283 §1
Clerics, even if they do not have a residential office, are not to be absent
from their diocese for a considerable time, to be determined by particular law,
without the at least presumed permission of their proper Ordinary.
§2 They may,
however, take a rightful and sufficient holiday every year, for the length of
time determined by general or by particular law.
Can. 284 Clerics
are to wear suitable ecclesiastical dress, in accordance with the norms
established by the Episcopal Conference and legitimate local custom.
Can. 285 §1
Clerics are to shun completely everything that is unbecoming to their state, in
accordance with the provisions of particular law.
§2 Clerics are to
avoid whatever is foreign to their state, even when it is not unseemly.
§3 Clerics are
forbidden to assume public office whenever it means sharing in the exercise of
civil power.
§4 Without the
permission of their Ordinary, they may not undertake the administration of
goods belonging to lay people, or secular offices which involve the obligation
to render an account. They are forbidden to act as surety, even concerning their
own goods, without consulting their proper Ordinary. They are not to sign
promissory notes which involve the payment of money but do not state the
reasons for the payment.
Can. 286 Clerics
are forbidden to practise commerce or trade, either personally or through
another, for their own or another’s benefit, except with the permission of the
lawful ecclesiastical authority.
Can. 287 §1
Clerics are always to do their utmost to foster among people peace and harmony
based on justice.
§2 They are not
to play an active role in political parties or in directing trade unions
unless, in the judgement of the competent ecclesiastical authority, this is
required for the defence of the rights of the Church or to promote the common
good.
Can. 288
Permanent deacons are not bound by the provisions of cann. 284, 285 §§3 and 4,
286, 287 §2, unless particular law states otherwise.
Can. 289 §1 As
military service ill befits the clerical state, clerics and candidates for
sacred orders are not to volunteer for the armed services without the
permission of their Ordinary.
§2 Clerics are to
take advantage of exemptions from exercising functions and public civil offices
foreign to the clerical state, which are granted in their favour by law,
agreements or customs, unless their proper Ordinary has in particular cases
decreed otherwise.
Can. 290 Sacred
ordination once validly received never becomes invalid. A cleric, however,
loses the clerical state:
1° by a judgement
of a court or an administrative decree, declaring the ordination invalid;
2° by the penalty
of dismissal lawfully imposed;
3° by a rescript
of the Apostolic See; this rescript, however, is granted to deacons only for
grave reasons and to priests only for the gravest of reasons.
Can. 291 Apart
from the cases mentioned in can. 290, n. 1, the loss of the clerical state does
not carry with it a dispensation from the obligation of celibacy, which is
granted solely by the Roman Pontiff.
Can. 292 A cleric
who loses the clerical state in accordance with the law, loses thereby the
rights that are proper to the clerical state and is no longer bound by any
obligations of the clerical state, without prejudice to can. 291. He is
prohibited from exercising the power of order, without prejudice to can. 976.
He is automatically deprived of all offices and roles and of any delegated
power.
Can. 293 A cleric
who has lost the clerical state cannot be enrolled as a cleric again save by
rescript of the Apostolic See.
Can. 294 Personal
prelatures may be established by the Apostolic See after consultation with the
Episcopal Conferences concerned. They are composed of deacons and priests of
the secular clergy. Their purpose is to promote an appropriate distribution of
priests, or to carry out special pastoral or missionary enterprises in
different regions or for different social groups.
Can. 295 §1 A
personal prelature is governed by statutes laid down by the Apostolic See. It
is presided over by a Prelate as its proper Ordinary. He has the right to
establish a national or an international seminary, and to incardinate students
and promote them to orders with the title of service of the prelature.
§2 The Prelate
must provide both for the spiritual formation of those who are ordained with
this title, and for their becoming support.
Can. 296 Lay
people can dedicate themselves to the apostolic work of a personal prelature by
way of agreements made with the prelature. The manner of this organic
cooperation and the principal obligations and rights associated with it, are to
be duly defined in the statutes.
Can. 297 The
statutes are likewise to define the relationships of the prelature with the
local Ordinaries in whose particular Churches the prelature, with the prior
consent of the diocesan Bishop, exercises or wishes to exercise its pastoral or
missionary activity.
Can. 298 §1 In
the Church there are associations which are distinct from institutes of consecrated
life and societies of apostolic life. In these associations, Christ’s faithful,
whether clerics or laity, or clerics and laity together, strive with a common
effort to foster a more perfect life, or to promote public worship or christian
teaching. They may also devote themselves to other works of the apostolate,
such as initiatives for evangelisation, works of piety or charity, and those
which animate the temporal order with the christian spirit.
§2 Christ’s
faithful are to join especially those associations which have been established,
praised or recommended by the competent ecclesiastical authority.
Can. 299 §1 By
private agreement among themselves, Christ’s faithful have the right to
constitute associations for the purposes mentioned in can. 298 §1, without
prejudice to the provisions of can. 301 §1.
§2 Associations
of this kind, even though they may be praised or commended by ecclesiastical
authority, are called private associations.
§3 No private
association of Christ’s faithful is recognised in the Church unless its
statutes have been reviewed by the competent authority.
Can. 300 No
association may call itself ‘catholic’ except with the consent of the competent
ecclesiastical authority, in accordance with can. 312.
Can. 301 §1 It is
for the competent ecclesiastical authority alone to establish associations of
Christ’s faithful which intend to impart Christian teaching in the name of the
Church, or to promote public worship, or which are directed to other ends whose
pursuit is of its nature reserved to the same ecclesiastical authority.
§2 The competent
ecclesiastical authority, if it judges it expedient, can also establish
associations of Christ’s faithful to pursue, directly or indirectly, other
spiritual ends whose attainment is not adequately provided for by private
initiatives.
§3 Associations
of Christ’s faithful which are established by the competent ecclesiastical
authority are called public associations.
Can. 302
Associations of Christ’s faithful are called clerical when they are under the
direction of clerics, presuppose the exercise of sacred orders, and are
acknowledged as such by the competent authority.
Can. 303
Associations whose members live in the world but share in the spirit of some
religious institute, under the overall direction of the same institute, and who
lead an apostolic life and strive for Christian perfection, are known as third
orders, or are called by some other suitable title.
Can. 304 §1 All
associations of Christ’s faithful, whether public or private, by whatever title
or name they are called, are to have their own statutes. These are to define
the purpose or social objective of the association, its centre, its governance
and the conditions of membership. They are also to specify the manner of action
of the association, paying due regard to what is necessary or useful in the
circumstances of the time and place.
§2 Associations
are to select for themselves a title or name which is in keeping with the
practices of the time and place, especially one derived from the purpose they
intend.
Can. 305 §1 All
associations of Christ’s faithful are subject to the supervision of the
competent ecclesiastical authority. This authority is to ensure that integrity
of faith and morals is maintained in them and that abuses in ecclesiastical
discipline do not creep in. The competent authority has therefore the duty and
the right to visit these associations, in accordance with the law and the
statutes. Associations are also subject to the governance of the same authority
in accordance with the provisions of the canons which follow.
§2 Associations
of every kind are subject to the supervision of the Holy See. Diocesan
associations are subject to the supervision of the local Ordinary, as are other
associations to the extent that they work in the diocese.
Can. 306 To enjoy
the rights and privileges, indulgences and other spiritual favours granted to
an association, it is necessary and sufficient that a person be validly
received into the association in accordance with the provisions of the law and
with the association’s own statutes, and be not lawfully dismissed from it.
Can. 307 §1 The
admission of members is to take place in accordance with the law and with the
statutes of each association.
§2 The same
person can be enrolled in several associations.
§3 In accordance
with their own law, members of religious institutes may, with the consent of
their Superior, join associations.
Can. 308 No one
who was lawfully admitted is to be dismissed from an association except for a
just reason, in accordance with the law and the statutes.
Can. 309
Associations that are lawfully established have the right, in accordance with
the law and the statutes, to make particular norms concerning the association,
for the holding of meetings, and for the appointment of moderators, officials,
ministers and administrators of goods.
Can. 310 A
private association which has not been constituted a juridical person cannot,
as such, be the subject of duties and rights. However the faithful who are
joined together in it can jointly contract obligations. As joint owners and
joint possessors they can acquire and possess rights and goods. They can
exercise these rights and obligations through a delegate or a proxy.
Can. 311 Members
of institutes of consecrated life who preside over or assist associations which
are joined in some way to their institute, are to ensure that these
associations help the apostolic works existing in the diocese. They are
especially to cooperate, under the direction of the local Ordinary, with
associations which are directed to the exercise of the apostolate in the
diocese.
Can. 312 §1 The
authority which is competent to establish public associations is:
1° the Holy See,
for universal and international associations
2° the Episcopal
Conference in its own territory, for national associations which by their very
establishment are intended for work throughout the whole nation;
3° the diocesan
Bishop, each in his own territory, but not the diocesan Administrator, for
diocesan associations, with the exception, however, of associations the right
to whose establishment is reserved to others by apostolic privilege.
§2 The written
consent of the diocesan Bishop is required for the valid establishment of an
association or branch of an association in the diocese even though it is done
in virtue of an apostolic privilege. Permission, however, which is given by the
diocesan Bishop for the foundation of a house of a religious institute, is
valid also for the establishment in the same house, or in a church attached to
it, of an association which is proper to that institute.
Can. 313 A public
association or a confederation of public associations is constituted a
juridical person by the very decree by which it is established by the authority
competent in accordance with can. 312. Moreover, insofar as is required, it
thereby receives its mission to pursue, in the name of the Church, those ends
which it proposes for itself.
Can. 314 The
statutes of any public association require the approval of the authority which,
in accordance with can. 312 §1, is competent to establish the association; this
approval is also required for a revision of, or a change in, the statutes.
Can. 315 Public
associations can, on their own initiative, undertake projects which are
appropriate to their character, and they are governed by the statutes, but
under the overall direction of the ecclesiastical authority mentioned in can.
312 §1.
Can. 316 §1 A
person who has publicly rejected the catholic faith, or has defected from
ecclesiastical communion, or upon whom an excommunication has been imposed or
declared, cannot validly be received into public associations.
§2 Those who have
been lawfully enrolled but who fall into one of the categories mentioned in §1,
having been previously warned, are to be dismissed, in accordance with the
statutes of the association, without prejudice to their right of recourse to
the ecclesiastical authority mentioned in can. 312 §1.
Can. 317 §1 Unless
the statutes provide otherwise, it belongs to the ecclesiastical authority
mentioned in can. 312 §1 to confirm the moderator of a public association on
election, or to appoint the moderator on presentation, or by his own right to
appoint the moderator. The same authority appoints the chaplain or
ecclesiastical assistant, after consulting the senior officials of the
association, wherever this is expedient.
§2 The norm of §1
is also valid for associations which members of religious institutes, by
apostolic privilege, establish outside their own churches or houses. In
associations which members of religious institutes establish in their own
church or house, the appointment or confirmation of the moderator and chaplain
belongs to the Superior of the institute, in accordance with the statutes.
§3 The laity can
be moderators of associations which are not clerical. The chaplain or
ecclesiastical assistant is not to be the moderator, unless the statutes
provide otherwise.
§4 Those who hold
an office of direction in political parties are not to be moderators in public
associations of the faithful which are directly ordered to the exercise of the
apostolate.
Can. 318 §1 In
special circumstances, when serious reasons so require the ecclesiastical
authority mentioned in can. 312 §1 can appoint a commissioner to direct the
association in his name for the time being.
§2 The moderator
of a public association may be removed for a just reason, by the person who
made the appointment or the confirmation, but the Moderator himself and the
senior officials of the association must be consulted, in accordance with the
statutes. The chaplain can, however, be removed by the person who appointed
him, in accordance with cann. 192‑‑195.
Can. 319 §1
Unless otherwise provided, a lawfully established public association
administers the goods it possesses, in accordance with the statutes, and under
the overall direction of the ecclesiastical authority mentioned in can. 312 §1.
It must give a yearly account to this authority.
§2 The association
must also faithfully account to the same authority for the disbursement of
contributions and alms which it has collected.
Can. 320 §1
Associations established by the Holy See can be suppressed only by the Holy
See.
§2 For grave
reasons, associations established by the Episcopal Conference can be suppressed
by it. The diocesan Bishop can suppress those he has established, and also
those which members of religious institutes have established by apostolic
indult with the consent of the diocesan Bishop.
§3 A public
association is not to be suppressed by the competent authority unless the
moderator and other senior officials have been consulted.
Can. 321 Christ’s
faithful direct and moderate private associations according to the provisions
of the statutes.
Can. 322 §1 A
private association of Christ’s faithful can acquire juridical personality by a
formal decree of the competent ecclesiastical authority mentioned in can. 312.
§2 No private
association of Christ’s faithful can acquire juridical personality unless its
statutes are approved by the ecclesiastical authority mentioned in can. 312 §1.
The approval of the statutes does not, however, change the private nature of
the association.
Can. 323 §1
Although private associations of Christ’s faithful enjoy their own autonomy in
accordance with can. 321, they are subject to the supervision of ecclesiastical
authority, in accordance with can. 305, and also to the governance of the same
authority.
§2 It is also the
responsibility of ecclesiastical authority, with due respect for the autonomy
of private associations, to oversee and ensure that there is no dissipation of
their forces, and that the exercise of their apostolate is directed to the
common good.
Can. 324 §1 A
private association of Christ’s faithful can freely designate for itself a
moderator and officers, in accordance with the statutes.
§2 If a private
association of Christ’s faithful wishes to have a spiritual counsellor, it can
freely choose one for itself from among the priests who lawfully exercise a
ministry in the diocese, but the priest requires the confirmation of the local
Ordinary.
Can. 325 §1 A
private association of Christ’s faithful is free to administer any goods it
possesses, according to the provisions of the statutes, but the competent
ecclesiastical authority has the right to ensure that the goods are applied to
the purposes of the association.
§2 In accordance
with can. 1301, the association is subject to the authority of the local
Ordinary in whatever concerns the administration and distribution of goods
which are donated or left to it for pious purposes.
Can. 326 §1 A
private association of Christ’s faithful is extinguished in accordance with the
norms of the statutes. It can also be suppressed by the competent authority if
its activity gives rise to grave harm to ecclesiastical teaching or discipline,
or is a scandal to the faithful.
§2 The fate of
the goods of a private association which ceases to exist is to be determined in
accordance with the statutes, without prejudice to acquired rights and to the
wishes of donors.
Can. 327 Lay
members of Christ’s faithful are to hold in high esteem associations
established for the spiritual purposes mentioned in can. 298. They should
especially esteem those associations whose aim is to animate the temporal order
with the christian spirit, and thus greatly foster an intimate union between
faith and life.
Can. 328 Those
who head lay associations, even those established by apostolic privilege, are
to ensure that their associations cooperate with other associations of Christ’s
faithful, where this is expedient. They are to give their help freely to
various christian works, especially those in the same territory.
Can. 329
Moderators of lay associations are to ensure that the members receive due
formation, so that they may carry out the apostolate which is proper to the
laity.
Can. 330 Just as,
by the decree of the Lord, Saint Peter and the rest of the Apostles form one
College, so for a like reason the Roman Pontiff, the successor of Peter, and
the Bishops, the successors of the Apostles, are united together in one.
Can. 331 The
office uniquely committed by the Lord to Peter, the first of the Apostles, and
to be transmitted to his successors, abides in the Bishop of the Church of
Rome. He is the head of the College of Bishops, the Vicar of Christ, and the
Pastor of the universal Church here on earth. Consequently, by virtue of his
office, he has supreme, full, immediate and universal ordinary power in the
Church, and he can always freely exercise this power.
Can. 332 §1 The
Roman Pontiff acquires full and supreme power in the Church when, together with
episcopal consecration, he has been lawfully elected and has accepted the
election. Accordingly, if he already has the episcopal character, he receives
this power from the moment he accepts election to the supreme pontificate. If
he does not have the episcopal character, he is immediately to be ordained
Bishop.
§2 Should it
happen that the Roman Pontiff resigns from his office, it is required for
validity that the resignation be freely made and properly manifested, but it is
not necessary that it be accepted by anyone.
Can. 333 §1 By
virtue of his office, the Roman Pontiff not only has power over the universal
Church, but also has pre‑eminent ordinary power over all particular
Churches and their groupings. This reinforces and defends the proper, ordinary
and immediate power which the Bishops have in the particular Churches entrusted
to their care.
§2 The Roman
Pontiff, in fulfilling his office as supreme Pastor of the Church, is always
joined in full communion with the other Bishops, and indeed with the whole
Church. He has the right, however, to determine, according to the needs of the
Church, whether this office is to be exercised in a personal or in a collegial
manner.
§3 There is
neither appeal nor recourse against a judgement or a decree of the Roman
Pontiff.
Can. 334 The
Bishops are available to the Roman Pontiff in the exercise of his office, to
cooperate with him in various ways, among which is the synod of Bishops.
Cardinals also assist him, as do other persons and, according to the needs of
the time, various institutes; all these persons and institutes fulfil their
offices in his name and by his authority, for the good of all the Churches, in
accordance with the norms determined by law.
Can. 335 When the
Roman See is vacant, or completely impeded, no innovation is to be made in the
governance of the universal Church. The special laws enacted for these
circumstances are to be observed.
Can. 336 The head
of the College of Bishops is the Supreme Pontiff, and its members are the
Bishops by virtue of their sacramental consecration and hierarchical communion
with the head of the College and its members. This College of Bishops, in which
the apostolic body abides in an unbroken manner, is, in union with its head and
never without this head, also the subject of supreme and full power over the
universal Church.
Can. 337 §1 The
College of Bishops exercises its power over the universal Church in solemn form
in an Ecumenical Council.
§2 It exercises
this same power by the united action of the Bishops dispersed throughout the
world, when this action is as such proclaimed or freely accepted by the Roman
Pontiff, so that it becomes a truly collegial act.
§3 It belongs to
the Roman Pontiff to select and promote, according to the needs of the Church,
ways in which the College of Bishops can exercise its office in respect of the
universal Church in a collegial manner.
Can. 338 §1 It is
the prerogative of the Roman Pontiff alone to summon an Ecumenical Council, to
preside over it personally or through others, to transfer, suspend or dissolve
the Council, and to approve its decrees.
§2 It is also the
prerogative of the Roman Pontiff to determine the matters to be dealt with in
the Council, and to establish the order to be observed. The Fathers of the
Council may add other matters to those proposed by the Roman Pontiff, but these
must be approved by the Roman Pontiff .
Can. 339 §1 All
Bishops, but only Bishops who are members of the College of Bishops, have the
right and the obligation to be present at an Ecumenical Council with a
deliberative vote.
§2 Some others
besides, who do not have the episcopal dignity, can be summoned to an
Ecumenical Council by the supreme authority in the Church, to whom it belongs
to determine what part they take in the Council.
Can. 340 If the
Apostolic See should become vacant during the celebration of the Council, it is
by virtue of the law itself suspended until the new Supreme Pontiff either
orders it to continue or dissolves it.
Can. 341 §1 The
decrees of an Ecumenical Council do not oblige unless they are approved by the
Roman Pontiff as well as by the Fathers of the Council, confirmed by the Roman
Pontiff and promulgated by his direction.
§2 If they are to
have binding force, the same confirmation and promulgation is required for
decrees which the College of Bishops issues by truly collegial actions in
another manner introduced or freely accepted by the Roman Pontiff.
Can. 342 The
synod of Bishops is a group of Bishops selected from different parts of the
world, who meet together at specified times to promote the close relationship
between the Roman Pontiff and the Bishops. These Bishops, by their counsel,
assist the Roman Pontiff in the defence and development of faith and morals and
in the preservation and strengthening of ecclesiastical discipline. They also
consider questions concerning the mission of the Church in the world.
Can. 343 The
function of the synod of Bishops is to discuss the matters proposed to it and
set forth recommendations. It is not its function to settle matters or to draw
up decrees, unless the Roman Pontiff has given it deliberative power in certain
cases; in this event, it rests with the Roman Pontiff to ratify the decisions
of the synod.
Can. 344 The
synod of Bishops is directly under the authority of the Roman Pontiff, whose
prerogative it is:
1° to convene the
synod, as often as this seems opportune to him, and to designate the place
where the meetings are to be held
2° to ratify the
election of those who, in accordance with the special law of the synod, are to
be elected, and to designate and appoint other members;
3° at a suitable
time before the celebration of the synod, to prescribe the outlines of the
questions to be discussed, in accordance with the special law;
4° to determine
the agenda;
5° to preside
over the synod personally or through others;
6° to conclude,
transfer, suspend or dissolve the synod.
Can. 345 The
synod of Bishops can meet in general assembly, in which matters are dealt with
which directly concern the good of the universal Church; such an assembly is
either ordinary or extraordinary. It can also meet in special assembly, to deal
with matters directly affecting a determined region or regions.
Can. 346 §1 The
synod of Bishops meeting in ordinary general assembly is comprised, for the
most part, of Bishops elected for each assembly by the Episcopal Conferences,
in accordance with the norms of the special law of the synod. Other members are
designated according to the same law; others are directly appointed by the
Roman Pontiff. Added to these are some members of clerical religious
institutes, elected in accordance with the same special law.
§2 The synod of
Bishops meeting in extraordinary general assembly for the purpose of dealing
with matters which require speedy resolution, is comprised for the most part,
of Bishops who, by reason of the office they hold, are designated by the
special law of the synod; others are appointed directly by the Roman Pontiff.
Added to these are some members of clerical religious institutes, elected in
accordance with the same law.
§3 The synod of
Bishops which meets in special assembly is comprised of members chosen
principally from those regions for which the synod was convened, in accordance
with the special law by which the synod is governed.
Can. 347 §1 When
the meeting of the synod of Bishops is concluded by the Roman Pontiff, the
function entrusted in it to the Bishops and other members ceases.
§2 If the
Apostolic See becomes vacant after the synod has been convened or during its
celebration, the meeting of the synod, and the function entrusted in it to the
members, is by virtue of the law itself suspended, until the new Pontiff
decrees either that the assembly is to be dissolved or that it is to continue.
Can. 348 §1 There
is to be a permanent general secretariat of the synod, presided over by a
Secretary general appointed by the Roman Pontiff. The Secretary is to have the
assistance of a council of the secretariat, composed of Bishops, some elected
by the synod of Bishops itself in accordance with the special law, others
appointed by the Roman Pontiff. The function of all these persons ceases with
the beginning of a new general assembly.
§2 For each
assembly of the synod of Bishops there are one or more special secretaries, who
are appointed by the Roman Pontiff. They remain in office only until the end of
the synod assembly.
Can. 349 The
Cardinals of the Holy Roman Church constitute a special
College, whose
prerogative it is to elect the Roman Pontiff in accordance with the norms of a
special law. The Cardinals are also available to the Roman Pontiff, either
acting collegially, when they are summoned together to deal with questions of
major importance, or acting individually, that is, in the offices which they
hold in assisting the Roman Pontiff especially in the daily care of the
universal Church.
Can. 350 §1 The
College of Cardinals is divided into three orders: the episcopal order, to
which belong those Cardinals to whom the Roman Pontiff assigns the title of a
suburbicarian Church, and eastern‑rite Patriarchs who are made members of
the College of Cardinals; the presbyteral order, and the diaconal order.
§2 Cardinal
priests and Cardinal deacons are each assigned a title or a deaconry in Rome by
the Roman Pontiff.
§3 Eastern
Patriarchs within the College of Cardinals have their patriarchal see as a
title.
§4 The Cardinal
Dean has the title of the diocese of Ostia, together with that of any other
Church to which he already has a title.
§5 By a choice
made in Consistory and approved by the Supreme Pontiff, Cardinal priests may
transfer to another title; Cardinal deacons may transfer to another deaconry
and, if they have been a full ten years in the diaconal order, to the
presbyteral order: priority of order and of promotion is to be observed.
§6 A Cardinal who
by choice transfers from the diaconal to the presbyteral order, takes
precedence over all Cardinal priests who were promoted to the Cardinalate after
him.
Can. 351 §1 Those
to be promoted Cardinals are men freely selected by the Roman Pontiff, who are
at least in the order of priesthood and are truly outstanding in doctrine,
virtue, piety and prudence in practical matters; those who are not already
Bishops must receive episcopal consecration.
§2 Cardinals are
created by decree of the Roman Pontiff, which in fact is published in the
presence of the College of Cardinals. From the moment of publication, they are
bound by the obligations and they enjoy the rights defined in the law.
§3 A person
promoted to the dignity of Cardinal, whose creation the Roman Pontiff
announces, but whose name he reserves in petto, is not at that time bound by
the obligations nor does he enjoy the rights of a Cardinal. When his name is
published by the Roman Pontiff, however, he is bound by these obligations and
enjoys these rights, but his right of precedence dates from the day of the
reservation in petto.
Can. 352 §1 The
Dean presides over the College of Cardinals. When he is unable to do so, the
sub‑Dean takes his place. The Dean, or the subDean, has no power of
governance over the other Cardinals, but is considered as first among equals.
§2 When the
office of Dean is vacant, those Cardinals who have a suburbicarian title, and
only those, under the presidency of the sub‑Dean if he is present, or of
the oldest member, elect one of their number to act as Dean of the College.
They are to submit his name to the Roman Pontiff, to whom it belongs to approve
the person elected.
§3 In the same
way as set out in §2, the sub‑Dean is elected, with the Dean presiding.
It belongs to the Roman Pontiff to approve also the election of the sub‑Dean.
§4 If the Dean
and sub‑Dean do not already have a domicile in Rome, they acquire it
there.
Can. 353 §1
Cardinals assist the Supreme Pastor of the Church in collegial fashion
particularly in Consistories, in which they are gathered by order of the Roman
Pontiff and under his presidency. Consistories are either ordinary or
extraordinary.
§2 In an ordinary
Consistory all Cardinals, or at least those who are in Rome, are summoned for
consultation on certain grave matters of more frequent occurrence, or for the
performance of especially solemn acts.
§3 All Cardinals
are summoned to an extraordinary Consistory, which takes place when the special
needs of the Church and more serious matters suggest it.
§4 Only an
ordinary Consistory in which certain solemnities are celebrated, can be public,
that is when, in addition to the Cardinals, Prelates, representatives of civil
states and other invited persons are admitted.
Can. 354
Cardinals who head the departments and other permanent sections of the Roman
Curia and of Vatican City, who have completed their seventy‑fifth year,
are requested to offer their resignation from office to the Roman Pontiff, who
will consider all the circumstances and make provision accordingly.
Can. 355 §1 It
belongs to the Cardinal Dean to ordain the elected Roman Pontiff a Bishop, if
he is not already ordained. If the Dean is prevented from doing so, the same
right belongs to the sub‑Dean or, if he is prevented, to the senior
Cardinal of the episcopal order.
§2 The senior
Cardinal Deacon announces the name of the newly elected Supreme Pontiff to the
people. Acting in place of the Roman Pontiff, he also confers the pallium on
metropolitan Bishops or gives the pallium to their proxies.
Can. 356
Cardinals have the obligation of cooperating closely with the Roman Pontiff.
For this reason, Cardinals who have any office in the Curia and are not
diocesan Bishops, are obliged to reside in Rome. Cardinals who are in charge of
a diocese as diocesan Bishops, are to go to Rome whenever summoned by the Roman
Pontiff.
Can. 357 §1 When
a Cardinal has taken possession of a suburbicarian Church or of a titular
Church in Rome, he is to further the good of the diocese or church by counsel
and patronage. However, he has no power of governance over it, and he should
not for any reason interfere in matters concerning the administration of its
goods, or its discipline, or the service of the church.
§2 Cardinals
living outside Rome and outside their own diocese, are exempt in what concerns
their person from the power of governance of the Bishop of the diocese in which
they are residing.
Can. 358 A
Cardinal may be deputed by the Roman Pontiff to represent him in some solemn
celebration or assembly of persons as a ‘Legatus a latere’, that is, as his
alter ego; or he may, as a special emissary, be entrusted with a particular
pastoral task. A Cardinal thus nominated is entitled to deal only with those
affairs which have been entrusted to him by the Roman Pontiff himself.
Can. 359 When the
Apostolic See is vacant, the College of Cardinals has only that power in the
Church which is granted to it by special law.
Can. 360 The
Supreme Pontiff usually conducts the business of the universal Church through
the Roman Curia, which acts in his name and with his authority for the good and
for the service of the Churches. The Curia is composed of the Secretariat of
State or Papal Secretariat, the Council for the public affairs of the Church,
the Congregations, the Tribunals and other Institutes. The constitution and
competence of all these is defined by special law.
Can. 361 In this
Code the terms Apostolic See or Holy See mean not only the Roman Pontiff, but
also, unless the contrary is clear from the nature of things or from the
context, the Secretariat of State, the Council for the public affairs of the
Church, and the other Institutes of the Roman Curia.
Can. 362 The
Roman Pontiff has an inherent and independent right to appoint Legates and to
send them either to particular Churches in various countries or regions, or at
the same time to States and to public Authorities. He also has the right to
transfer or recall them, in accordance with the norms of international law
concerning the mission and recall of representatives accredited to States.
Can. 363 §1 To
Legates of the Roman Pontiff is entrusted the office of representing in a
stable manner the person of the Roman Pontiff in the particular Churches, or
also in the States and public Authorities, to whom they are sent.
§2 Those also
represent the Apostolic See who are appointed to pontifical Missions as
Delegates or Observers at international Councils or at Conferences and
Meetings.
Can. 364 The
principal task of a Papal Legate is continually to make more firm and effective
the bonds of unity which exist between the Holy See and the particular
Churches. Within the territory assigned to him, it is therefore the responsibility
of a Legate:
1° to inform the
Apostolic See about the conditions in which the particular Churches find
themselves, as well as about all matters which affect the life of the Church
and the good of souls;
2° to assist the
Bishops by action and advice, while leaving intact the exercise of their lawful
power;
3° to foster
close relations with the Episcopal Conference, offering it every assistance;
4° in connection
with the appointment of Bishops, to send or propose names of candidates to the
Apostolic See, as well as to prepare the informative process about those who
may be promoted, in accordance with the norms issued by the Apostolic See;
5° to take pains
to promote whatever may contribute to peace, progress and the united efforts of
peoples;
6° to work with
the Bishops to foster appropriate exchanges between the Catholic Church and
other Churches or ecclesial communities, and indeed with non‑christian
religions;
7° to work with
the Bishops to safeguard, so far as the rulers of the State are concerned,
those things which relate to the mission of the Church and of the Apostolic
See;
8° to exercise
the faculties and carry out the other instructions which are given to him by
the Apostolic See.
Can. 365 §1 A
papal Legate who at the same time acts as envoy to the State according to
international law, has in addition the special role:
1° of promoting
and fostering relationships between the Apostolic See and the Authorities of
the State;
2° of dealing
with questions concerning relations between Church and State, especially, of
drawing up concordats and other similar agreements, and giving effect to them.
§2 As
circumstances suggest, in the matters mentioned in §1, the papal Legate is not
to omit to seek the opinion and counsel of the Bishops of the ecclesiastical
jurisdiction and to keep them informed of the course of events.
Can. 366 Given
the special nature of a Legate’s role:
1° the papal
Legation is exempt from the power of governance of the local Ordinary, except
for the celebration of marriages;
2° the papal
Legate has the right to perform liturgical celebrations, even in pontificalia,
in all churches of the territory of his legation; as far as it is possible, he
is to give prior notice to the local Ordinary.
Can. 367 The
office of papal Legate does not cease when the Apostolic See is vacant, unless
otherwise specified in the pontifical Letters‑ it does cease, however, on
the expiry of the mandate, on receipt by him of notification of recall, and on
acceptance of his resignation by the Roman Pontiff.
Can. 368
Particular Churches, in which and from which the one and only catholic Church
exists, are principally dioceses. Unless the contrary is clear, the following
are equivalent to a diocese: a territorial prelature, a territorial abbacy, a
vicariate apostolic, a prefecture apostolic and a permanently established
apostolic administration.
Can. 369 A
diocese is a portion of the people of God, which is entrusted to a Bishop to be
nurtured by him, with the cooperation of the presbyterium, in such a way that,
remaining close to its pastor and gathered by him through the Gospel and the
Eucharist in the Holy Spirit, it constitutes a particular Church. In this
Church, the one, holy, catholic and apostolic Church of Christ truly exists and
functions.
Can. 370 A
territorial prelature or abbacy is a certain portion of the people of God,
territorially defined, the care of which is for special reasons entrusted to a
Prelate or an Abbot, who governs it, in the manner of a diocesan Bishop, as its
proper pastor.
Can. 371 §1 A
vicariate apostolic or a prefecture apostolic is a certain portion of the
people of God, which for special reasons is not yet constituted a diocese, and
which is entrusted to the pastoral care of a Vicar apostolic or a Prefect
apostolic, who governs it in the name of the Supreme Pontiff.
§2 An apostolic
administration is a certain portion of the people of God which, for special and
particularly serious reasons, is not yet established by the Supreme Pontiff as
a diocese, and whose pastoral care is entrusted to an apostolic Administrator,
who governs it in the name of the Supreme Pontiff.
Can. 372 §1 As a
rule, that portion of the people of God which constitutes a diocese or other
particular Church is to have a defined territory, so that it comprises all the
faithful who live in that territory.
§2 If however, in
the judgement of the supreme authority in the Church, after consultation with
the Episcopal Conferences concerned, it is thought to be helpful, there may be
established in a given territory particular Churches distinguished by the rite
of the faithful or by some other similar quality.
Can. 373 It is
within the competence of the supreme authority alone to establish particular
Churches; once they are lawfully established, the law itself gives them
juridical personality.
Can. 374 §1 Each
diocese or other particular Church is to be divided into distinct parts or
parishes.
§2 To foster
pastoral care by means of common action, several neighbouring parishes can be
joined together in special groups, such as vicariates forane.
Can. 375 §1 By
divine institution, Bishops succeed the Apostles through the Holy Spirit who is
given to them. They are constituted Pastors in the Church, to be the teachers
of doctrine, the priests of sacred worship and the ministers of governance.
§2 By their
episcopal consecration, Bishops receive, together with the office of
sanctifying, the offices also of teaching and of ruling, which however, by
their nature, can be exercised only in hierarchical communion with the head of
the College and its members.
Can. 376 Bishops
to whom the care of a given diocese is entrusted are called diocesan Bishops;
the others are called titular Bishops.
Can. 377 §1 The
Supreme Pontiff freely appoints Bishops or confirms those lawfully elected.
§2 At least every
three years, the Bishops of an ecclesiastical province or, if circumstances
suggest it, of an Episcopal Conference, are to draw up, by common accord and in
secret, a list of priests, even of members of institutes of consecrated life,
who are suitable for the episcopate; they are to send this list to the
Apostolic See. This is without prejudice to the right of every Bishop
individually to make known to the Apostolic See the names of priests whom he
thinks are worthy and suitable for the episcopal office.
§3 Unless it has
been lawfully prescribed otherwise, for the appointment of a diocesan Bishop or
a coadjutor Bishop, a ternus, as it is called, is to be proposed to the
Apostolic See. In the preparation of this list, it is the responsibility of the
papal Legate to seek individually the suggestions of the Metropolitan and of
the Suffragans of the province to which the diocese in question belongs or with
which it is joined in some grouping, as well as the suggestions of the
president of the Episcopal Conference. The papal Legate is, moreover, to hear
the views of some members of the college of consultors and of the cathedral
chapter. If he judges it expedient, he is also to seek individually, and in
secret, the opinions of other clerics, both secular and religious, and of lay
persons of outstanding wisdom. He is then to send these suggestions, together
with his own opinion, to the Apostolic See.
§4 Unless it has
been lawfully provided otherwise, the diocesan Bishop who judges that his
diocese requires an auxiliary Bishop, is to propose to the Apostolic See a list
of the names of at least three priests suitable for this office .
§5 For the
future, no rights or privileges of election, appointment, presentation or
designation of Bishops are conceded to civil authorities.
Can. 378 §1 To be
a suitable candidate for the episcopate, a person must:
1° be outstanding
in strong faith, good morals, piety, zeal for souls, wisdom, prudence and human
virtues, and possess those other gifts which equip him to fulfil the office in
question;
2° be held in
good esteem;
3° be at least 35
years old;
4° be a priest
ordained for at least five years;
5° hold a
doctorate or at least a licentiate in sacred Scripture, theology or canon law,
from an institute of higher studies approved by the Apostolic See, or at least
be well versed in these disciplines.
§2 The definitive
judgement on the suitability of the person to be promoted rests with the
Apostolic See.
Can. 379 Unless
prevented by a lawful reason, one who is promoted to the episcopate must
receive episcopal consecration within three months of receiving the apostolic
letters, and in fact before he takes possession of his office.
Can. 380 Before
taking canonical possession of his office, he who has been promoted is to make
the profession of faith and take the oath of fidelity to the Apostolic See, in
accordance with the formula approved by the same Apostolic See.
Can. 381 §1 In
the diocese entrusted to his care, the diocesan Bishop has all the ordinary,
proper and immediate power required for the exercise of his pastoral office,
except in those matters which the law or a decree of the Supreme Pontiff
reserves to the supreme or to some other ecclesiastical authority.
§2 Those who are
at the head of the other communities of the faithful mentioned in can. 368, are
equivalent in law to the diocesan Bishop unless the contrary is clear from the
nature of things or from a provision of the law.
Can. 382 §1 A
person who is promoted to the episcopate cannot become involved in the exercise
of the office entrusted to him before he has taken canonical possession of the
diocese. However, he is able to exercise offices which he already held in the
same diocese at the time of his promotion, without prejudice to can. 409 §2.
§2 Unless he is
lawfully impeded, one who is not already consecrated a Bishop and is now
promoted to the office of diocesan Bishop, must take canonical possession of
his diocese within four months of receiving the apostolic letters. If he is
already consecrated, he must take possession within two months of receiving the
apostolic letters.
§3 A Bishop takes
canonical possession of his diocese when, personally or by proxy, he shows the
apostolic letters to the college of consultors, in the presence of the
chancellor of the curia, who makes a record of the fact. This must take place
within the diocese. In dioceses which are newly established he takes possession
when he communicates the same letters to the clergy and the people in the
cathedral church, with the senior of the priests present making a record of the
fact.
§4 It is strongly
recommended that the taking of canonical possession be performed with a
liturgical act in the cathedral church, in the presence of the clergy and the
people.
Can. 383 §1 In
exercising his pastoral office, the diocesan Bishop is to be solicitous for all
Christ’s faithful entrusted to his care, whatever their age, condition or
nationality, whether they live in the territory or are visiting there. He is to
show an apostolic spirit also to those who, because of their condition of life,
are not sufficiently able to benefit from ordinary pastoral care, and to those
who have lapsed from religious practice.
§2 If he has
faithful of a different rite in his diocese, he is to provide for their
spiritual needs either by means of priests or parishes of the same rite, or by
an episcopal Vicar.
§3 He is to act
with humanity and charity to those who are not in full communion with the
catholic Church‑ he should also foster ecumenism as it is understood by
the Church.
§4 He is to
consider the non‑baptised as commended to him in the Lord, so that the
charity of Christ, of which the Bishop must be a witness to all, may shine also
on them.
Can. 384 He is to
have a special concern for the priests, to whom he is to listen as his helpers
and counsellors. He is to defend their rights and ensure that they fulfil the
obligations proper to their state. He is to see that they have the means and the
institutions needed for the development of their spiritual and intellectual
life. He is to ensure that they are provided with adequate means of livelihood
and social welfare, in accordance with the law.
Can. 385 He must
in a very special way foster vocations to the various ministries and to
consecrated life, having a special care for priestly and missionary vocations.
Can. 386 §1 The
diocesan Bishop is bound to teach and illustrate to the faithful the truths of
faith which are to be believed and applied to behaviour. He is himself to
preach frequently. He is also to ensure that the provisions of the canons on
the ministry of the word, especially on the homily and catechetical
instruction, are faithfully observed, so that the whole of christian teaching
is transmitted to all.
§2 By whatever
means seem most appropriate, he is firmly to defend the integrity and unity of
the faith to be believed. However, he is to acknowledge a just freedom in the
further investigation of truths.
Can. 387 Mindful
that he is bound to give an example of holiness, charity, humility and simplicity
of life, the diocesan Bishop is to seek in every way to promote the holiness of
Christ’s faithful according to the special vocation of each. Since he is the
principal dispenser of the mysteries of God, he is to strive constantly that
Christ’s faithful entrusted to his care may grow in grace through the
celebration of the sacraments, and may know and live the paschal mystery.
Can. 388 §1 After
he has taken possession of the diocese, the diocesan Bishop must apply the Mass
for the people entrusted to him on each Sunday and on each holyday of
obligation in his region.
§2 The Bishop
must himself celebrate and apply the Mass for the people on the days mentioned
in §1; if, however, he is lawfully impeded from so doing, he is to have someone
else do so on those days, or do so himself on other days.
§3 A Bishop who,
in addition to his own, is given another diocese, even as administrator,
satisfies the obligation by applying one Mass for all the people entrusted to
him.
§4 A Bishop who
has not satisfied the obligation mentioned in §§1‑3, is to apply as soon
as possible as many Masses for the people as he has omitted.
Can. 389 He is
frequently to preside at the Eucharistic celebration in the cathedral church or
in some other church of his diocese, especially on holydays of obligation and
on other solemnities.
Can. 390 The
diocesan Bishop may use pontificalia throughout his diocese. He may not do so
outside his diocese without the consent of the local Ordinary, either expressly
given or at least reasonably presumed.
Can. 391 §1 The
diocesan Bishop governs the particular Church entrusted to him with
legislative, executive and judicial power, in accordance with the law.
§2 The Bishop
exercises legislative power himself. He exercises executive power either
personally or through Vicars general or episcopal Vicars, in accordance with
the law. He exercises judicial power either personally or through a judicial
Vicar and judges, in accordance with the law.
Can. 392 §1 Since
the Bishop must defend the unity of the universal Church, he is bound to foster
the discipline which is common to the whole Church, and so press for the
observance of all ecclesiastical laws.
§2 He is to
ensure that abuses do not creep into ecclesiastical discipline, especially
concerning the ministry of the word, the celebration of the sacraments and
sacramentals, the worship of God and the cult of the saints, and the
administration of goods.
Can. 393 In all
juridical transactions of the diocese, the diocesan Bishop acts in the person
of the diocese.
Can. 394 §1 The
Bishop is to foster various forms of the apostolate in his diocese and is to
ensure that throughout the entire diocese, or in its particular districts, all
works of the apostolate are coordinated under his direction, with due regard
for the character of each apostolate.
§2 He is to
insist on the faithful’s obligation to exercise the apostolate according to the
condition and talents of each. He is to urge them to take part in or assist
various works of the apostolate, according to the needs of place and time.
Can. 395 §1 The
diocesan Bishop is bound by the law of personal residence in his diocese, even
if he has a coadjutor or auxiliary Bishop.
§2 Apart from the
visit ‘ad limina’, attendance at councils or at the synod of Bishops or at the
Episcopal Conference, at which he must be present, or by reason of another
office lawfully entrusted to him, he may be absent from the diocese, for a just
reason, for not longer than one month, continuously or otherwise, provided he
ensures that the diocese is not harmed by this absence.
§3 He is not to
be absent from his diocese on Christmas Day, during Holy Week, or on Easter
Sunday, Pentecost and Corpus Christi, except for a grave and urgent reason.
§4 If the Bishop
is unlawfully absent from the diocese for more than six months, the
Metropolitan is to notify the Holy See. If it is the Metropolitan who is
absent, the senior suffragan is to do the same.
Can. 396 §1 The
Bishop is bound to visit his diocese in whole or in part each year, so that at
least every five years he will have visited the whole diocese, either
personally or, if he is lawfully impeded, through the coadjutor or auxiliary
Bishop, the Vicar general, an episcopal Vicar or some other priest.
§2 The Bishop has
a right to select any clerics he wishes as his companions and helpers in a
visitation, any contrary privilege or custom being reprobated.
Can. 397 §1
Persons, catholic institutes, pious objects and places within the boundaries of
the diocese, are subject to ordinary episcopal visitation.
§2 The Bishop may
visit the members of religious institutes of pontifical right and their houses
only in the cases stated in the law.
Can. 398 The
Bishop is to endeavour to make his pastoral visitation with due diligence. He
is to ensure that he is not a burden to anyone on the ground of undue expense.
Can. 399 §1 Every
five years the diocesan Bishop is bound to submit to the Supreme Pontiff a
report on the state of the diocese entrusted to him, in the form and at the
time determined by the Apostolic See.
§2 If the year
assigned for submitting this report coincides in whole or in part with the
first two years of his governance of the diocese, for that occasion the Bishop
need not draw up and submit the report.
Can. 400 §1
Unless the Apostolic See has decided otherwise, in the year in which he is
bound to submit the report to the Supreme Pontiff, the diocesan Bishop is to go
to Rome to venerate the tombs of the Blessed Apostles Peter and Paul, and to
present himself to the Roman Pontiff.
§2 The Bishop is
to satisfy this obligation personally, unless he is lawfully impeded; in which
case he is to satisfy the obligation through the coadjutor, if he has one, or
the auxiliary, or a suitable priest of his presbyterium who resides in his
diocese.
§3 A Vicar
apostolic can satisfy this obligation through a proxy, even through one
residing in Rome. A Prefect apostolic is not bound by this obligation.
Can. 401 §1 A
diocesan Bishop who has completed his seventy‑fifth year of age is
requested to offer his resignation from office to the Supreme Pontiff, who,
taking all the circumstances into account, will make provision accordingly.
§2 A diocesan
Bishop who, because of illness or some other grave reason, has become unsuited
for the fulfilment of his office, is earnestly requested to offer his
resignation from office.
Can. 402 §1 A
Bishop whose resignation from office has been accepted, acquires the title
‘emeritus’ of his diocese. If he so wishes, he may have a residence in the
diocese unless, because of special circumstances in certain cases, the
Apostolic See provides otherwise.
§2 The Episcopal
Conference must ensure that suitable and worthy provision is made for the
upkeep of a Bishop who has resigned, bearing in mind the primary obligation
which falls on the diocese which he served.
Article 3: Coadjutor and Auxiliary Bishops
Can. 403 §1 When
the pastoral needs of the diocese require it, one or more auxiliary Bishops are
to be appointed at the request of the diocesan Bishop. An auxiliary Bishop does
not have the right of succession.
§2 In more
serious circumstances, even of a personal nature, the diocesan Bishop may be
given an auxiliary Bishop with special faculties.
§3 If the Holy
See considers it more opportune, it can ex officio appoint a coadjutor Bishop,
who also has special faculties. A coadjutor Bishop has the right of succession.
Can. 404 §1 The
coadjutor Bishop takes possession of his office when, either personally or by
proxy, he shows the apostolic letters of appointment to the diocesan Bishop and
the college of consultors, in the presence of the chancellor of the curia, who
makes a record of the fact.
§2 An auxiliary
Bishop takes possession of his office when he shows his apostolic letters of
appointment to the diocesan Bishop, in the presence of the chancellor of the
curia, who makes a record of the fact.
§3 If the
diocesan Bishop is wholly impeded, it is sufficient that either the coadjutor
Bishop or the auxiliary Bishop show their apostolic letters of appointment to
the college of consultors, in the presence of the chancellor of the curia.
Can. 405 §1 The
coadjutor Bishop and the auxiliary Bishop have the obligations and the rights
which are determined by the provisions of the following canons and defined in
their letters of appointment.
§2 The coadjutor
Bishop, or the auxiliary Bishop mentioned in can. 403 §2, assists the diocesan
Bishop in the entire governance of the diocese, and takes his place when he is
absent or impeded.
Can. 406 §1 The
coadjutor Bishop, and likewise the auxiliary Bishop mentioned in can. 403 §2,
is to be appointed a Vicar general by the diocesan Bishop. The diocesan Bishop
is to entrust to him, in preference to others, those things which by law
require a special mandate.
§2 Unless the
apostolic letters provide otherwise, and without prejudice to the provision of
§1, the diocesan Bishop is to appoint his auxiliary or auxiliaries as Vicar
general or at least episcopal Vicar, in dependence solely on his authority, or
on that of the coadjutor Bishop or of the auxiliary Bishop mentioned in can.
403 §2.
Can. 407 §1 For
the greatest present and future good of the diocese, the diocesan Bishop, the
coadjutor and the auxiliary Bishop mentioned in can. 403 §2, are to consult
with each other on matters of greater importance.
§2 In assessing
matters of greater importance, particularly those of a pastoral nature, the
diocesan Bishop is to consult the auxiliary Bishop before all others.
§3 The coadjutor
Bishop and the auxiliary Bishop, since they are called to share in the cares of
the diocesan Bishop, should so exercise their office that they act and think in
accord with him.
Can. 408 §1 As
often as they are requested to do so by the diocesan Bishop, a coadjutor Bishop
and an auxiliary Bishop who are not lawfully impeded, are obliged to perform
those pontifical and other functions to which the diocesan Bishop is bound.
§2 Those
episcopal rights and functions which the coadjutor can exercise are not
habitually to be entrusted to another by the diocesan Bishop.
Can. 409 §1 When
the episcopal see falls vacant, the coadjutor immediately becomes the Bishop of
the diocese for which he was appointed, provided he has lawfully taken
possession.
§2 Unless the
competent authority has provided otherwise, when the episcopal see is vacant
and until the new Bishop takes possession of the see, the auxiliary Bishop
retains all and only those powers and faculties which he had as Vicar general
or as episcopal Vicar when the see was occupied. If he is not appointed to the
office of diocesan Administrator, he is to exercise this same power of his,
conferred by the law, under the authority of the diocesan Administrator, who
governs the diocese.
Can. 410 The
coadjutor Bishop and the auxiliary Bishop are bound, like the diocesan Bishop,
to reside in the diocese. Other than for the fulfilment of some duty outside
the diocese, or for holidays, which are not to be longer than one month, they
may not be away from the diocese except for a brief period.
Can. 411 The
provisions of cann. 401 and 402 §2, concerning resignation from office, apply
also to a coadjutor and an auxiliary Bishop.
Can. 412 The
episcopal see is understood to be impeded if the diocesan
Bishop is
completely prevented from exercising the pastoral office in the diocese by
reason of imprisonment, banishment, exile or incapacity, so that he is unable
to communicate, even by letter, with the people of his diocese.
Can. 413 §1
Unless the Holy See has provided otherwise, when a see is impeded, the
governance of the diocese devolves on the coadjutor Bishop, if there is one. If
there is no coadjutor, or if he is impeded, it devolves upon the auxiliary
Bishop, or the Vicar general, or the episcopal Vicar, or another priest: the
order of persons to be followed is to be that determined in the list which the
diocesan Bishop is to draw up as soon as possible after taking possession of
his diocese. This list, which is to be communicated to the Metropolitan, is to
be revised at least every three years, and kept under secrecy by the
chancellor.
§2 If there is no
coadjutor Bishop or if he is impeded, and the list mentioned in §1 is not at
hand, it is the responsibility of the college of consultors to elect a priest
who will govern the diocese.
§3 The person who
undertakes the governance of the diocese according to the norms of §§1 or 2, is
to notify the Holy See as soon as possible that the see is impeded and that he
has undertaken the office.
Can. 414 Whoever
is called, in accordance with can. 413, to exercise the pastoral care of the
diocese for the time being, that is, only for the period during which the see
is impeded, is in his pastoral care of the diocese bound by the obligations,
and has the power, which by law belong to the diocesan Administrator.
Can. 415 If the
diocesan Bishop is prohibited from exercising his office by reason of an
ecclesiastical penalty, the Metropolitan is to refer the matter at once to the
Holy See, so that it may make provision; if there is no Metropolitan, or if he
is the one affected by the penalty, it is the suffragan senior by promotion who
is to refer the matter.
Can. 416 The
episcopal see becomes vacant by the death of the diocesan Bishop, by his
resignation accepted by the Holy See, by transfer, or by deprivation notified
to the Bishop.
Can. 417 Until
they have received certain notification of the Bishop’s death, all actions
taken by the Vicar general or the episcopal Vicar have effect. Until they have
received certain notification of the aforementioned papal acts, the same is
true of actions taken by the diocesan Bishop, the Vicar general or the
episcopal Vicar.
Can. 418 §1
Within two months of receiving certain notification of transfer, the Bishop
must proceed to the diocese to which he has been transferred and take canonical
possession of it. On the day on which he takes possession of the new diocese,
the diocese from which he has been transferred becomes vacant.
§2 In the period
between receiving certain notification of the transfer and taking possession of
the new diocese, in the diocese from which he is being transferred the Bishop:
1° has the power,
and is bound by the obligations, of a diocesan Administrator; all powers of the
Vicar general and of the episcopal Vicar cease, without prejudice to can. 409
§2;
2° receives the
full remuneration proper to the office.
Can. 419 While
the see is vacant and until the appointment of a diocesan Administrator, the
governance of the diocese devolves upon the auxiliary Bishop. If there are a
number of auxiliary Bishops, it devolves upon the senior by promotion. If there
is no auxiliary Bishop, it devolves upon the college of consultors, unless the
Holy See has provided otherwise. The one who thus assumes the governance of the
diocese must without delay convene the college which is competent to appoint a
diocesan Administrator.
Can. 420 Unless
the Holy See has prescribed otherwise, when the see is vacant in a vicariate or
a prefecture apostolic, the governance is assumed by the Pro‑Vicar or Pro‑Prefect
who was designated for this sole purpose by the Vicar or Prefect immediately
upon taking possession.
Can. 421 §1
Within eight days of receiving notification of the vacancy of an episcopal see,
a diocesan Administrator is to be elected by the college of consultors, to
govern the diocese for the time being, without prejudice to the provisions of
can. 502 §3.
§2 If, for any
reason, the diocesan Administrator is not lawfully elected within the
prescribed time, his appointment devolves upon the Metropolitan. If the
metropolitan see is itself vacant, or if both the metropolitan see and a
suffragan see are vacant, the appointment devolves on the suffragan who is
senior by promotion.
Can. 422 The
auxiliary Bishop or, if there is none, the college of consultors, must as soon
as possible notify the Apostolic See of the death of the Bishop. The person
elected as diocesan Administrator must as soon as possible notify the Apostolic
See of his election.
Can. 423 §1 Only
one diocesan Administrator is to be appointed, contrary customs being
reprobated; otherwise the election is invalid.
§2 The diocesan
Administrator is not to be at the same time the financial administrator.
Accordingly, if the financial administrator of the diocese is elected
Administrator, the finance committee is to elect another temporary financial
administrator.
Can. 424 The
diocesan Administrator is to be elected according to the norms of cann. 165‑178.
Can. 425 §1 Only
a priest who has completed his thirty‑fifth year of age, and has not
already been elected, appointed or presented for the same see, can validly be
deputed to the office of diocesan Administrator.
§2 As diocesan
Administrator a priest is to be elected who is outstanding for doctrine and
prudence.
§3 If the
conditions prescribed in §1 have not been observed, the Metropolitan or, if the
metropolitan see itself is vacant, the suffragan senior by promotion, having
verified the truth of the matter, is to appoint an Administrator for that
occasion. The acts of a person elected contrary to the provisions of §1 are by
virtue of the law itself invalid.
Can. 426 Whoever
governs the diocese before the appointment of the diocesan Administrator, has
the power which the law gives to a Vicar general.
Can. 427 §1 The
diocesan Administrator is bound by the obligations and enjoys the power of a
diocesan Bishop, excluding those matters which are excepted by the nature of
things or by the law itself.
§2 The diocesan
Administrator obtains his power on his acceptance of the election, without the
need of confirmation from anyone, but without prejudice to the provision of
can. 833, n. 4.
Can. 428 §1 While
the see is vacant, no innovation is to be made.
§2 Those who have
the interim governance of the diocese are forbidden to do anything which could
in any way prejudice the rights of the diocese or of the Bishop. Both they, and
in like manner any other persons, are specifically forbidden to remove, destroy
or in any way alter documents of the diocesan curia, either personally or
through another.
Can. 429 The
diocesan Administrator is bound by the obligations of residing in the diocese,
and of applying the Mass for the people in accordance with can. 388.
Can. 430 §1 The
office of the diocesan Administrator ceases when the new Bishop takes
possession of the diocese.
§2 Removal of the
diocesan Administrator is reserved to the Holy See. Should he perchance resign,
the resignation is to be submitted in authentic form to the college which is
competent to elect, but it does not require acceptance by the college. If the
diocesan Administrator is removed, resigns or dies, another diocesan
Administrator is to be elected in accordance with can. 421.
Can. 431
Neighbouring particular Churches are to be grouped into ecclesiastical
provinces, with a certain defined territory. The purpose of this grouping is to
promote, according to the circumstances of persons and place, a common pastoral
action of various neighbouring dioceses, and the more closely to foster
relations between diocesan Bishops.
§2 From now
onwards, as a rule, there are to be no exempt dioceses. Accordingly, individual
dioceses and other particular Churches which exist within the territory of an
ecclesiastical province, must be included in that ecclesiastical province.
§3 It is the
exclusive prerogative of the supreme authority in the Church, after consulting
the Bishops concerned, to establish, suppress or alter ecclesiastical
provinces.
Can. 432 §1 The
provincial council and the Metropolitan have authority over the ecclesiastical
province, in accordance with the law.
§2 By virtue of
the law, an ecclesiastical province has juridical personality.
Can. 433 §1 If it
seems advantageous, especially in countries where there are very many
particular Churches, the Holy See can, on the proposal of the Episcopal
Conference, join together neighbouring provinces into ecclesiastical regions.
§2 An
ecclesiastical region can be constituted a juridical person.
Can. 434 It is
for a meeting of the Bishops of an ecclesiastical region to foster cooperation
and common pastoral action in the region. However the powers given to Episcopal
Conferences in the canons of this Code do not belong to such a meeting, unless
some of these powers have been specially granted to it by the Holy See.
Can. 435 An
ecclesiastical province is presided over by a Metropolitan, who is Archbishop
in his own diocese. The office of Metropolitan is linked to an episcopal see,
determined or approved by the Roman Pontiff.
Can. 436 §1
Within the suffragan dioceses, the Metropolitan is competent:
1° to see that
faith and ecclesiastical discipline are carefully observed and to notify the
Roman Pontiff if there be any abuses;
2° for a reason
approved beforehand by the Apostolic See, to conduct a canonical visitation if
the suffragan Bishop has neglected it;
3° to appoint a
diocesan Administrator in accordance with cann. 421 §2 and 425 §3.
§2 Where
circumstances require it, the Apostolic See can give the Metropolitan special
functions and power, to be determined in particular law.
§3 The
Metropolitan has no other power of governance over suffragan dioceses. He can,
however, celebrate sacred functions in all churches as if he were a Bishop in
his own diocese, provided, if it is the cathedral church, the diocesan Bishop
has been previously notified.
Can. 437 §1 The
Metropolitan is obliged to request the pallium from the Roman Pontiff, either
personally or by proxy, within three months of his episcopal consecration or,
if he has already been consecrated, of his canonical appointment. The pallium
signifies the power which, in communion with the Roman Church, the Metropolitan
possesses by law in his own province.
§2 The
Metropolitan can wear the pallium, in accordance with the liturgical laws, in
any church of the ecclesiastical province over which he presides, but not
outside the province, not even with the assent of the diocesan Bishop.
§3 If the
Metropolitan is transferred to another metropolitan see, he requires a new
pallium.
Can. 438 The
title of Patriarch or Primate gives a prerogative of honour, but in the latin
Church does not carry with it any power of governance, except in certain
matters where an apostolic privilege or approved custom establishes otherwise.
Can. 439 §1 A
plenary council for all the particular Churches of the same Episcopal
Conference is to be celebrated as often as the Episcopal Conference, with the
approval of the Apostolic See, considers it necessary or advantageous.
§2 The norm laid
down in §1 is valid also for a provincial council to be celebrated in an
ecclesiastical province whose boundaries coincide with the boundaries of the
country.
Can. 440 §1 A
provincial council, for the various particular Churches of the same
ecclesiastical province, is celebrated as often as, in the judgement of the
majority of the diocesan Bishops of the province, it is considered opportune,
without prejudice to can. 439 §2.
§2 A provincial
council may not be called while the metropolitan see is vacant.
Can. 441 It is
the responsibility of the Episcopal Conference:
1° to convene a
plenary council;
2° to choose a
place within the territory of the Episcopal Conference for the celebration of
the council;
3° to elect from
among the diocesan Bishops a president of the plenary council, who is to be
approved by the Apostolic See;
4° to determine
the order of business and the matters to be considered, to announce when the
plenary council is to begin and how long it is to last, and to transfer,
prorogue and dissolve it.
Can. 442 §1 It is
the responsibility of the Metropolitan, with the consent of the majority of the
suffragan Bishops:
1° to convene a
provincial council
2° to choose a
place within the territory of the province for the celebration of the
provincial council;
3° to determine
the order of business and the matters to be considered, to announce when the
provincial council is to begin and how long it is to last, and to transfer,
prorogue and dissolve it.
§2 It is the
prerogative of the Metropolitan to preside over the provincial council. If he
is lawfully impeded from doing so, it is the prerogative of a suffragan Bishop
elected by the other suffragan Bishops.
Can. 443 §1 The
following have the right to be summoned to particular councils and have the
right to a deliberative vote:
1° diocesan
Bishops;
2° coadjutor and
auxiliary Bishops
3° other titular
Bishops who have been given a special function in the territory, either by the
Apostolic See or by the Episcopal Conference.
§2 Other titular
Bishops who are living in the territory, even if they are retired, may be
invited to particular councils; they have the right to a deliberative vote.
§3 The following
are to be invited to particular councils, but with only a consultative vote:
1° Vicars general
and episcopal Vicars of all the particular Churches in the territory;
2° the major
Superiors of religious institutes and societies of apostolic life. Their
number, for both men and women, is to be determined by the Episcopal Conference
or the Bishops of the province, and they are to be elected respectively by all
the major Superiors of institutes and societies which have a centre in the
territory;
3° the rectors of
ecclesiastical and catholic universities which have a centre in the territory,
together with the deans of their faculties of theology and canon law;
4° some rectors
of major seminaries, their number being determined as in no. 2; they are to be
elected by the rectors of seminaries situated in the territory.
§4 Priests and
others of Christ’s faithful may also be invited to particular councils, but
have only a consultative vote; their number is not to exceed half of those
mentioned in 1‑3.
§5 The cathedral
chapter, the council of priests and the pastoral council of each particular
Church are to be invited to provincial councils, but in such a way that each is
to send two members, designated in a collegial manner. They have only a consultative
vote.
§6 Others may be
invited to particular councils as guests, if this is judged expedient by the
Episcopal Conference for a plenary council, or by the Metropolitan with the
suffragan Bishops for a provincial council.
Can. 444 §1 All
who are summoned to particular councils must attend, unless they are prevented
by a just impediment, of whose existence they are obliged to notify the
president of the council.
§2 Those who are
summoned to a particular council in which they have a deliberative vote, but
who are prevented from attending because of a just impediment, can send a
proxy. The proxy, however, has only a consultative vote.
Can. 445 A
particular council is to ensure that the pastoral needs of the people of God in
its territory are provided for. While it must always respect the universal law
of the Church, it has power of governance, especially legislative power. It
can, therefore, determine whatever seems opportune for an increase of faith,
for the ordering of common pastoral action, for the direction of morality and
for the preservation, introduction and defence of a common ecclesiastical
discipline.
Can. 446 When a
particular council has concluded, the president is to ensure that all the acts
of the council are sent to the Apostolic See. The decrees drawn up by the
council are not to be promulgated until they have been reviewed by the
Apostolic See. The council has the responsibility of defining the manner in
which the decrees will be promulgated and the time when the promulgated decrees
will begin to oblige.
Can. 447 The
Episcopal Conference, a permanent institution, is the assembly of the Bishops
of a country or of a certain territory, exercising together certain pastoral
offices for Christ’s faithful of that territory. By forms and means of
apostolate suited to the circumstances of time and place, it is to promote, in
accordance with the law, that greater good which the Church offers to all
people.
Can. 448 §1 As a
general rule, the Episcopal Conference includes those who preside over all the
particular Churches of the same country, in accordance with can. 450.
§2 An Episcopal
Conference can, however, be established for a territory of greater or less
extent if the Apostolic See, after consultation with the diocesan Bishops
concerned, judges that circumstances suggest this. Such a Conference would
include only the Bishops of some particular Churches in a certain territory, or
those who preside over particular Churches in different countries. It is for
the Apostolic See to lay down special norms for each case.
Can. 449 §1 It is
for the supreme authority of the Church alone, after consultation with the
Bishops concerned, to establish, suppress, or alter Episcopal Conferences.
§2 An Episcopal
Conference lawfully established has juridical personality by virtue of the law
itself.
Can. 450 §1 By
virtue of the law, the following persons in the territory belong to the
Episcopal Conference: all diocesan Bishops and those equivalent to them in law;
all coadjutor Bishops, auxiliary Bishops and other titular Bishops who exercise
in the territory a special office assigned to them by the Apostolic See or by
the Episcopal Conference. Ordinaries of another rite may be invited, but have
only a consultative vote, unless the statutes of the Episcopal Conference
decree otherwise.
§2 The other
titular Bishops and the Legate of the Roman Pontiff are not by law members of
the Episcopal Conference.
Can. 451 Each
Episcopal Conference is to draw up its own statutes, to be reviewed by the
Apostolic See. In these, among other things, arrangements for the plenary
meetings of the Conference are to be set out, and provision is to be made for a
permanent committee of Bishops, and a general secretary of the Conference, and
for other offices and commissions by which, in the judgement of the Conference,
its purpose can more effectively be achieved.
Can. 452 §1 Each
Episcopal Conference is to elect its president and determine who, in the lawful
absence of the president, will exercise the function of vice‑president.
It is also to designate a general secretary, in accordance with the statutes.
§2 The president
of the Conference or, when he is lawfully impeded, the vice‑president,
presides not only over the general meetings of the Conference but also over the
permanent committee.
Can. 453 Plenary
meetings of the Episcopal Conference are to be held at least once a year, and
moreover as often as special circumstances require, in accordance with the
provisions of the statutes.
Can. 454 §1 By
virtue of the law diocesan Bishops, those equivalent to them in law and
coadjutor Bishops have a deliberative vote in plenary meetings of the Episcopal
Conference.
§2 Auxiliary
Bishops and other titular Bishops who belong to the Episcopal Conference have a
deliberative or consultative vote according to the provisions of the statutes
of the Conference. Only those mentioned in §1, however, have a deliberative
vote in the making or changing of the statutes.
Can. 455 §1 The
Episcopal Conference can make general decrees only in cases where the universal
law has so prescribed, or by special mandate of the Apostolic See, either on
its own initiative or at the request of the Conference itself.
§2 For the
decrees mentioned in §1 validly to be enacted at a plenary meeting, they must
receive two thirds of the votes of those who belong to the Conference with a
deliberative vote. These decrees do not oblige until they have been reviewed by
the Apostolic See and lawfully promulgated.
§3 The manner of
promulgation and the time they come into force are determined by the Episcopal
Conference.
§4 In cases where
neither the universal law nor a special mandate of the Apostolic See gives the
Episcopal Conference the power mentioned in §1, the competence of each diocesan
Bishop remains intact. In such cases, neither the Conference nor its president
can act in the name of all the Bishops unless each and every Bishop has given
his consent.
Can. 456 When a
plenary meeting of the Episcopal Conference has been concluded, its minutes are
to be sent by the president to the Apostolic See for information, and its
decrees, if any, for review.
Can. 457 The
permanent committee of Bishops is to prepare the agenda for the plenary
meetings of the Conference, and it is to ensure that the decisions taken at
those meetings are duly executed. It is also to conduct whatever other business
is entrusted to it in accordance with the statutes.
Can. 458 The
general secretary is to:
1° prepare an
account of the acts and decrees of the plenary meetings of the Conference, as
well as the acts of the permanent committee of Bishops and to communicate these
to all members of the Conference; also to record whatever other acts are
entrusted to him by the president or the permanent committee;
2° to communicate
to neighbouring Episcopal Conferences such acts and documents as the Conference
at a plenary meeting or the permanent committee of Bishops decides to send to
them.
Can. 459 §1
Relations are to be fostered between Episcopal Conferences, especially
neighbouring ones, in order to promote and defend whatever is for the greater
good.
§2 The Apostolic
See must be consulted whenever actions or affairs undertaken by Conferences
have an international character.
Can. 460 The
diocesan synod is an assembly of selected priests and other members of Christ’s
faithful of a particular Church which, for the good of the whole diocesan
community, assists the diocesan Bishop, in accordance with the following
canons.
Can. 461 §1 The
diocesan synod is to be held in each particular Church when the diocesan
Bishop, after consulting the council of priests, judges that the circumstances
suggest it.
§2 If a Bishop is
responsible for a number of dioceses, or has charge of one as his own and of
another as Administrator, he may convene one diocesan synod for all the
dioceses entrusted to him.
Can. 462 §1 Only
the diocesan Bishop can convene a diocesan synod. A person who has interim
charge of a diocese cannot do so.
§2 The diocesan
Bishop presides over the diocesan synod. He may however, delegate a Vicar
general or an episcopal Vicar to fulfil this office at individual sessions of
the synod.
Can. 463 §1 The
following are to be summoned to the diocesan synod as members and they are
obliged to participate in it:
1° the coadjutor
Bishop and the auxiliary Bishops;
2° the Vicars
general and episcopal Vicars, and the judicial Vicar
3° the canons of
the cathedral church;
4° the members of
the council of priests;
5° lay members of
Christ’s faithful, not excluding members of institutes of consecrated life, to
be elected by the pastoral council in the manner and the number to be
determined by the diocesan Bishop or, where this council does not exist, on a
basis determined by the diocesan Bishop;
6° the rector of
the major seminary of the diocese;
7° the vicars
forane;
8° at least one
priest from each vicariate forane to be elected by all those who have the care
of souls there; another priest is also to be elected, to take the place of the
first if he is prevented from attending;
9° some Superiors
of religious institutes and of societies of apostolic life which have a house
in the diocese: these are to be elected in the number and the manner determined
by the diocesan Bishop.
§2 The diocesan
Bishop may also invite others to be members of the diocesan synod, whether
clerics or members of institutes of consecrated life or lay members of the
faithful.
§3 If the
diocesan Bishop considers it opportune, he may invite to the diocesan Synod as
observers some ministers or members of Churches or ecclesial communities which
are not in full communion with the catholic Church.
Can. 464 A member
of the synod who is lawfully impeded from attending, cannot send a proxy to
attend in his or her place, but is to notify the diocesan Bishop of the reason
for not attending.
Can. 465 All
questions proposed are to be subject to the free discussion of the members in
the sessions of the synod.
Can. 466 The
diocesan Bishop is the sole legislator in the diocesan synod. Other members of
the synod have only a consultative vote. The diocesan Bishop alone signs the
synodal declarations and decrees, and only by his authority may these be
published.
Can. 467 The
diocesan Bishop is to communicate the text of the declarations and decrees of
the synod to the Metropolitan and to the Episcopal Conference.
Can. 468 §1 If he
judges it prudent, the diocesan Bishop can suspend or dissolve the diocesan
synod.
§2 Should the
episcopal see become vacant or impeded, the diocesan synod is by virtue of the
law itself suspended, until such time as the diocesan Bishop who succeeds to
the see decrees that it be continued or declares it terminated.
Can. 469 The
diocesan curia is composed of those institutes and persons who assist the
Bishop in governing the entire diocese, especially in directing pastoral
action, in providing for the administration of the diocese, and in exercising
judicial power.
Can. 470 The
appointment of those who fulfil an office in the diocesan curia belongs to the
diocesan Bishop.
Can. 471 All who
are admitted to an office in the curia must:
1° promise to
fulfil their office faithfully, as determined by law or by the Bishop;
2° observe
secrecy within the limits and according to the manner determined by law or by
the Bishop.
Can. 472 The
provisions of Book VII on ‘Processes’ are to be observed concerning cases and
persons involved in the exercise of judicial power in the curia. The following
canons are to be observed in what concerns the administration of the diocese.
Can. 473 §1 The
diocesan Bishop must ensure that everything concerning the administration of
the whole diocese is properly coordinated and is directed in the way that will
best achieve the good of that portion of the people of God entrusted to his
care.
§2 The diocesan
Bishop has the responsibility of coordinating the pastoral action of the Vicars
general and episcopal Vicars. Where it is useful, he may appoint a Moderator of
the curia, who must be a priest Under the Bishop’s authority, the Moderator is
to coordinate activities concerning administrative matters and to ensure that
the others who belong to the curia properly fulfil the offices entrusted to
them.
§3 Unless in the
Bishop’s judgement local conditions suggest otherwise, the Vicar general is to
be appointed Moderator of the curia or, if there are several Vicars general,
one of them.
§4 Where the
Bishop judges it useful for the better promotion of pastoral action, he can establish
an episcopal council, comprising the Vicars general and episcopal Vicars.
Can. 474 Acts of
the curia which of their nature are designed to have a juridical effect must,
as a requirement for validity, be signed by the
Ordinary from
whom they emanate. They must also be signed by the chancellor of the curia or a
notary. The chancellor is bound to notify the Moderator of the curia about
these acts.
Article 1: Vicars General and Episcopal Vicars
Can. 475 §1 In
each diocese the diocesan Bishop is to appoint a Vicar general to assist him in
the governance of the whole diocese. The Vicar ‑general has ordinary
power, in accordance with the following canons.
§2 As a general
rule, one Vicar general is to be appointed, unless the size of the diocese, the
number of inhabitants, or other pastoral reasons suggest otherwise.
Can. 476 As often
as the good governance of the diocese requires it, the diocesan Bishop can also
appoint one or more episcopal Vicars. These have the same ordinary power as the
universal law gives to a Vicar general, in accordance with the following
canons. The competence of an episcopal Vicar, however, is limited to a
determined part of the diocese, or to a specific type of activity, or to the
faithful of a particular rite, or to certain groups of people.
Can. 477 §1 The
Vicar general and the episcopal Vicar are freely appointed by the diocesan
Bishop, and can be freely removed by him, without prejudice to can. 406. An
episcopal Vicar who is not an auxiliary Bishop, is to be appointed for a period
of time, which is to be specified in the act of appointment.
§2 If the Vicar
general is absent or lawfully impeded, the diocesan Bishop can appoint another
to take his place. The same norm applies in the case of an episcopal Vicar.
Can. 478 §1 The
Vicar general and the episcopal Vicar are to be priests of not less than thirty
years of age, with a doctorate or licentiate in canon law or theology, or at
least well versed in these disciplines. They are to be known for their sound
doctrine, integrity, prudence and practical experience.
§2 The office of
Vicar general or episcopal Vicar may not be united with the office of canon
penitentiary, nor may the office be given to blood relations of the Bishop up
to the fourth degree.
Can. 479 §1 In
virtue of his office, the Vicar general has the same executive power throughout
the whole diocese as that which belongs by law to the diocesan Bishop: that is,
he can perform all administrative acts, with the exception however of those which
the Bishop has reserved to himself, or which by law require a special mandate
of the Bishop.
§2 By virtue of
the law itself, the episcopal Vicar has the same power as that mentioned in §1,
but only for the determined part of the territory or type of activity, or for
the faithful of the determined rite or group, for which he was appointed;
matters which the Bishop reserves to himself or to the Vicar general, or which
by law require a special mandate of the Bishop, are excepted.
§3 Within the
limits of their competence, the Vicar general and the episcopal Vicar have also
those habitual faculties which the Apostolic See has granted to the Bishop.
They may also execute rescripts, unless it is expressly provided otherwise, or
unless the execution was entrusted to the Bishop on a personal basis.
Can. 480 The
Vicar general and episcopal Vicar must give a report to the diocesan Bishop
concerning more important matters, both those yet to be attended to and those
already dealt with. They are never to act against the will and mind of the diocesan
Bishop.
Can. 481 §1 The
power of the Vicar general or episcopal Vicar ceases when the period of their
mandate expires, or by resignation. In addition, but without prejudice to cann.
406 and 409, it ceases when they are notified of their removal by the diocesan
Bishop, or when the episcopal see falls vacant.
§2 When the
office of the diocesan Bishop is suspended, the power of the Vicar general and
of the episcopal Vicar is suspended, unless they are themselves Bishops.
Article 2: The Chancellor, other Notaries and the Archives
Can. 482 §1 In
each curia a chancellor is to be appointed, whose principal office, unless
particular law states otherwise, is to ensure that the acts of the curia are
drawn up and dispatched, and that they are kept safe in the archive of the
curia.
§2 If it is
considered necessary, the chancellor may be given an assistant, who is to be
called the vice‑chancellor.
§3 The chancellor
and vice‑chancellor are automatically notaries and secretaries of the
curia.
Can. 483 §1 Besides
the chancellor, other notaries may be appointed, whose writing or signature
authenticates public documents. These notaries may be appointed for all acts,
or for judicial acts alone, or only for acts concerning a particular issue or
business.
§2 The chancellor
and notaries must be of unblemished reputation and above suspicion. In cases
which could involve the reputation of a priest, the notary must be a priest.
Can. 484 The
office of notary involves:
1° writing acts
and documents concerning decrees, arrangements, obligations, and other matters
which require their intervention;
2° faithfully
recording in writing what is done, and signing the document, with a note of the
place, the day, the month and the year;
3° while
observing all that must be observed, showing acts or documents from the
archives to those who lawfully request them, and verifying that copies conform
to the original.
Can. 485 The
chancellor and the other notaries can be freely removed by the diocesan Bishop.
They can be removed by a diocesan Administrator only with the consent of the
college of consultors.
Can. 486 §1 All
documents concerning the diocese or parishes must be kept with the greatest of
care.
§2 In each curia
there is to be established in a safe place a diocesan archive where documents
and writings concerning both the spiritual and the temporal affairs of the
diocese are to be properly filed and carefully kept under lock and key.
§3 An inventory
or catalogue is to be made of documents kept in the archive, with a short synopsis
of each document.
Can. 487 §1 The
archive must be locked, and only the Bishop and the chancellor are to have the
key; no one may be allowed to enter unless with the permission of the Bishop,
or with the permission of both the Moderator of the curia and the chancellor.
§2 Persons
concerned have the right to receive, personally or by proxy, an authentic
written or photostat copy of documents which are of their nature public and
which concern their own personal status.
Can. 488 It is
not permitted to remove documents from the archive, except for a short time and
with the permission of the Bishop or of both the Moderator of the curia and the
chancellor.
Can. 489 §1 In
the diocesan curia there is also to be a secret archive, or at least in the
ordinary archive there is to be a safe or cabinet, which is securely closed and
bolted and which cannot be removed. In this archive documents which are to be
kept under secrecy are to be most carefully guarded.
§2 Each year
documents of criminal cases concerning moral matters are to be destroyed
whenever the guilty parties have died, or ten years have elapsed since a
condemnatory sentence concluded the affair. A short summary of the facts is to
be kept, together with the text of the definitive judgement.
Can. 490 §1 Only
the Bishop is to have the key of the secret archive.
§2 When the see
is vacant, the secret archive or safe is not to be opened except in a case of
real necessity, and then by the diocesan Administrator personally.
§3 Documents are
not to be removed from the secret archive or safe.
Can. 491 §1 The
diocesan Bishop is to ensure that the acts and documents of the archives of
cathedral, collegiate, parochial and other churches in his territory are
carefully kept and that two copies are made of inventories or catalogues. One
of these copies is to remain in its own archive, the other is to be kept in the
diocesan archive.
§2 The diocesan
Bishop is to ensure that there is an historical archive in the diocese, and
that documents which have an historical value are carefully kept in it and
systematically filed.
§3 In order that
the acts and documents mentioned in §§1 and 2 may be inspected or removed, the
norms laid down by the diocesan Bishop are to be observed.
ARTICLE 3: THE FINANCE COMMITTEE AND THE FINANCIAL ADMINISTRATOR
Can. 492 §1 In
each diocese a finance committee is to be established, presided over by the
diocesan Bishop or his delegate. It is to be composed of at least three of the
faithful, expert in financial affairs and civil law, of outstanding integrity,
and appointed by the Bishop.
§2 The members of
the finance committee are appointed for five years but when this period has
expired they may be appointed for further terms of five years.
§3 Persons
related to the Bishop up to the fourth degree of consanguinity or affinity are
excluded from the finance committee.
Can. 493 Besides
the functions entrusted to it in Book V on ‘The Temporal Goods of the Church’,
it is the responsibility of the finance committee to prepare each year a budget
of income and expenditure over the coming year for the governance of the whole
diocese, in accordance with the direction of the diocesan Bishop. It is also
the responsibility of the committee to account at the end of the year for
income and expenditure.
Can. 494 §1 In
each diocese a financial administrator is to be appointed by the Bishop, after
consulting the college of consultors and the finance committee. The financial
administrator is to be expert in financial matters and of truly outstanding
integrity.
§2 The financial
administrator is to be appointed for five years, but when this period has
expired, may be appointed for further terms of five years. While in office he
or she is not to be removed except for a grave reason, to be estimated by the
Bishop after consulting the college of consultors and the finance committee.
§3 It is the
responsibility of the financial administrator, under the authority of the
Bishop, to administer the goods of the diocese in accordance with the plan of
the finance committee, and to make those payments from diocesan funds which the
Bishop or his delegates have lawfully authorised.
§4 At the end of
the year the financial administrator must give the finance committee an account
of income and expenditure.
Can. 495 §1 In
each diocese there is to be established a council of priests, that is, a group
of priests who represent the presbyterium and who are to be, as it were, the
Bishop’s senate. The council’s role is to assist the Bishop, in accordance with
the law, in the governance of the diocese, so that the pastoral welfare of that
portion of the people of God entrusted to the Bishop may be most effectively
promoted.
§2 In vicariates
and prefectures apostolic, the Vicar or Prefect is to appoint a council
composed of at least three missionary priests, whose opinion, even by letter,
he is to hear in the more serious affairs.
Can. 496 The
council of priests is to have its own statutes. These are to be approved by the
diocesan Bishop, having taken account of the norms laid down by the Episcopal
Conference.
Can. 497 As far
as the designation of the members of the council of priests is concerned:
1° about half are
to be freely elected by the priests themselves in accordance with the canons
which follow and with the statutes;
2° some priests
must, in accordance with the statutes, be members ex officio, that is belong to
the council by reason of the office they hold;
3° the diocesan
Bishop may freely appoint some others.
Can. 498 §1 The
following have the right to both an active and a passive voice in an election
to the council of priests:
1° all secular
priests incardinated in the diocese;
2° priests who
are living in the diocese and exercise some useful office there, whether they
be secular priests not incardinated in the diocese, or priest members of
religious institutes or of societies of apostolic life.
§2 Insofar as the
statutes so provide, the same right of election may be given to other priests
who have a domicile or quasi‑domicile in the diocese.
Can. 499 The
manner of electing the members of the council of priests is to be determined by
the statutes, and in such a way that as far as possible the priests of the
presbyterium are represented, with special regard to the diversity of
ministries and to the various regions of the diocese.
Can. 500 §1 It is
the prerogative of the diocesan Bishop to convene the council of priests, to
preside over it, and to determine the matters to be discussed in it or to
accept items proposed by the members.
§2 The council of
priests has only a consultative vote. The diocesan Bishop is to consult it in
matters of more serious moment, but he requires its consent only in the cases
expressly defined in the law.
§3 The council of
priests can never act without the diocesan Bishop. He alone can make public
those things which have been decided in accordance with §2.
Can. 501 §1 The
members of the council of priests are to be designated for a period specified
in the statutes, subject however to the condition that over a five year period
the council is renewed in whole or in part.
§2 When the see
is vacant, the council of priests lapses and its functions are fulfilled by the
college of consultors. The Bishop must reconstitute the council of priests
within a year of taking possession.
§3 If the council
of priests does not fulfil the office entrusted to it for the welfare of the
diocese, or if it gravely abuses that office, it can be dissolved by the
diocesan Bishop, after consultation with the Metropolitan, in the case of a
metropolitan see, the Bishop must first consult with the suffragan Bishop who
is senior by promotion. Within a year, however, the diocesan Bishop must
reconstitute the council.
Can. 502 §1 From
among the members of the council of priests, the diocesan Bishop freely
appoints not fewer than six and not more than twelve priests, who are for five
years to constitute the college of consultors. To it belong the functions
determined by law; on the expiry of the five year period, however, it continues
to exercise its functions until the new college is constituted.
§2 The diocesan
Bishop presides over the college of consultors. If, however, the see is impeded
or vacant, that person presides who in the interim takes the Bishop’s place or,
if he has not yet been appointed, then the priest in the college of consultors
who is senior by ordination.
§3 The Episcopal
Conference can determine that the functions of the college of consultors be
entrusted to the cathedral chapter.
§4 Unless the law
provides otherwise, in a vicariate or prefecture apostolic the functions of the
college of consultors belong to the council of the mission mentioned in can.
495 §2.
Can. 503 A
chapter of canons, whether cathedral or collegiate, is a college of priests,
whose role is to celebrate the more solemn liturgical functions in a cathedral
or a collegiate church. It is for the cathedral chapter, besides, to fulfil
those roles entrusted to it by law or by the diocesan Bishop.
Can. 504 The
establishment, alteration or suppression of a cathedral chapter is reserved to
the Apostolic See.
Can. 505 Every
chapter, whether cathedral or collegiate, is to have its own statutes,
established by lawful capitular act and approved by the diocesan Bishop. These
statutes are not to be changed or abrogated except with the approval of the
diocesan Bishop.
Can. 506 §1 The
statutes of a chapter, while preserving always the laws of the foundation, are
to determine the nature of the chapter and the number of canons. They are to
define what the chapter and the individual canons are to do in carrying out
divine worship and their ministry. They are to decide the meetings at which
chapter business is conducted and, while observing the provisions of the
universal law, they are to prescribe the conditions required for the validity
and for the lawfulness of the proceedings.
§2 In the
statutes the remuneration is also to be defined, both the fixed salary and the
amounts to be paid on the occasion of discharging the office, so too, having
taken account of the norms laid down by the Holy See, the insignia of the
canons.
Can. 507 §1 Among
the canons there is to be one who presides over the chapter. In accordance with
the statutes other offices are also to be established, account having been
taken of the practice prevailing in the region.
§2 Other offices
may be allotted to clerics not belonging to the chapter, so that, in accordance
with the statutes, they may provide assistance to the canons.
Can. 508 §1 The
canon penitentiary both of a cathedral church and of a collegiate church has by
law ordinary faculties, which he cannot however delegate to others, to absolve
in the sacramental forum from latae sententiae censures which have not been
declared and are not reserved to the Holy See. Within the diocese he can
absolve not only diocesans but outsiders also, whereas he can absolve diocesans
even outside the diocese.
§2 Where there is
no chapter, the diocesan Bishop is to appoint a priest to fulfil this office.
Can. 509 §1 It
belongs to the diocesan Bishop, after consultation with the chapter, but not to
the diocesan Administrator, to bestow each and every canonry both in the
cathedral church and in a collegiate church, any privilege to the contrary is
revoked. It is also for the diocesan Bishop to confirm the person elected by
the chapter to preside over it.
§2 The diocesan
Bishop is to appoint to canonries only priests who are of sound doctrine and
life and who have exercised a praiseworthy ministry.
Can. 510 §1
Parishes are no longer to be united with chapters of canons. Those which are
united to a chapter are to be separated from it by the diocesan Bishop.
§2 In a church
which is at the same time a parochial and a capitular church, a parish priest
is to be appointed, whether chosen from the chapter or not. He is bound by all
the obligations and he enjoys all the rights and faculties which by law belong
to a parish priest.
§3 The diocesan
Bishop is to establish certain norms whereby the pastoral duties of the parish
priest and the roles proper to the chapter are duly harmonised, so that the
parish priest is not a hindrance to capitular functions, nor the chapter to
those of the parish. Any conflicts which may arise are to be settled by the
diocesan Bishop, who is to ensure above all that the pastoral needs of the
faithful are suitably provided for.
§4 Alms given to
a church which is at the same time a parochial and a capitular church, are
presumed to be given to the parish, unless it is otherwise established.
Can. 511 In each
diocese, in so far as pastoral circumstances suggest, a pastoral council is to
be established. Its function, under the authority of the Bishop, is to study
and weigh those matters which concern the pastoral works in the diocese, and to
propose practical conclusions concerning them.
Can. 512 §1 A
pastoral council is composed of members of Christ’s faithful who are in full
communion with the catholic Church: clerics, members of institutes of
consecrated life, and especially lay people. They are designated in the manner
determined by the diocesan Bishop.
§2 The members of
Christ’s faithful assigned to the pastoral council are to be selected in such a
way that the council truly reflects the entire portion of the people of God
which constitutes the diocese, taking account of the different regions of the
diocese, of social conditions and professions, and of the part played in the
apostolate by the members, whether individually or in association with others.
§3 Only those
members of Christ’s faithful who are outstanding in firm faith, high moral
standards and prudence are to be assigned to the pastoral council.
Can. 513 §1 The
pastoral council is appointed for a determinate period, in accordance with the
provisions of the statutes drawn up by the Bishop.
§2 When the see
is vacant, the pastoral council lapses.
Can. 514 §1 The
pastoral council has only a consultative vote. It is for the diocesan Bishop
alone to convene it, according to the needs of the apostolate, and to preside
over it. He alone has the right to make public the matters dealt with in the
council.
§2 It is to be
convened at least once a year.
Can. 515 §1 A
parish is a certain community of Christ’s faithful stably established within a
particular Church, whose pastoral care, under the authority of the diocesan
Bishop, is entrusted to a parish priest as its proper pastor.
§2 The diocesan
Bishop alone can establish, suppress or alter parishes. He is not to establish,
suppress or notably alter them unless he has consulted the council of priests.
§3 A lawfully
established parish has juridical personality by virtue of the law itself.
Can. 516 §1
Unless the law provides otherwise, a quasi‑parish is equivalent to a
parish. A quasi‑parish is a certain community of Christ’s faithful within
a particular Church, entrusted to a priest as its proper pastor, but because of
special circumstances not yet established as a parish.
§2 Where some
communities cannot be established as parishes or quasi‑parishes, the
diocesan Bishop is to provide for their spiritual care in some other way.
Can. 517 §1 Where
circumstances so require, the pastoral care of a parish, or of a number of
parishes together, can be entrusted to several priests jointly, but with the
stipulation that one of the priests is to be the moderator of the pastoral care
to be exercised. This moderator is to direct the joint action and to be
responsible for it to the Bishop.
§2 If, because of
a shortage of priests, the diocesan Bishop has judged that a deacon, or some
other person who is not a priest, or a community of persons, should be
entrusted with a share in the exercise of the pastoral care of a parish, he is
to appoint some priest who, with the powers and faculties of a parish priest,
will direct the pastoral care.
Can. 518 As a
general rule, a parish is to be territorial, that is, it is to embrace all
Christ’s faithful of a given territory. Where it is useful however, personal
parishes are to be established, determined by reason of the rite, language or
nationality of the faithful of a certain territory, or on some other basis.
Can. 519 The
parish priest is the proper pastor of the parish entrusted to him. He exercises
the pastoral care of the community entrusted to him under the authority of the
diocesan Bishop, whose ministry of Christ he is called to share, so that for
this community he may carry out the offices of teaching, sanctifying and ruling
with the cooperation of other priests or deacons and with the assistance of lay
members of Christ’s faithful, in accordance with the law.
Can. 520 §1 A
juridical person may not be a parish priest. However, the diocesan Bishop, but
not the diocesan Administrator, can, with the consent of the competent
Superior, entrust a parish to a clerical religious institute or to a clerical
society of apostolic life, even by establishing it in the church of the
institute or society, subject however to the rule that one priest be the parish
priest or, if the pastoral care is entrusted to several priests jointly, that
there be a moderator as mentioned in can. 517 §1.
§2 The
entrustment of a parish, as in §1, may be either in perpetuity or for a
specified time. In either case this is to be done by means of a written
agreement made between the diocesan Bishop and the competent Superior of the
institute or society. This agreement must expressly and accurately define,
among other things, the work to be done, the persons to be assigned to it and
the financial arrangements.
Can. 521 §1 To be
validly appointed a parish priest, one must be in the sacred order of
priesthood.
§2 He is also to
be outstanding in sound doctrine and uprightness of character, endowed with
zeal for souls and other virtues, and possessed of those qualities which by
universal or particular law are required for the care of the parish in
question.
§3 In order that
one be appointed to the office of parish priest, his suitability must be
clearly established, in a manner determined by the diocesan Bishop, even by
examination.
Can. 522 It is
necessary that a parish priest have the benefit of stability, and therefore he
is to be appointed for an indeterminate period of time. The diocesan Bishop may
appoint him for a specified period of time only if the Episcopal Conference has
by decree allowed this.
Can. 523 Without
prejudice to can. 682, appointment to the office of parish priest belongs to
the diocesan Bishop, who is free to confer it on whomsoever he wishes, unless
someone else has a right of presentation or election.
Can. 524 The
diocesan Bishop is to confer a vacant parish on the one whom, after
consideration of all the circumstances, he judges suitable for the parochial
care of that parish, without any preference of persons. In order to assess
suitability, he is to consult the vicar forane, conduct suitable enquiries and,
if it is appropriate, seek the view of some priests and lay members of Christ’s
faithful.
Can. 525 When a
see is vacant or impeded, it is for the diocesan Administrator or whoever
governs the diocese in the interim:
1° to institute
priests lawfully presented for a parish or to confirm those lawfully elected to
one;
2° to appoint
parish priests if the see has been vacant or impeded for a year.
Can. 526 §1 A
parish priest is to have the parochial care of one parish only. However,
because of a shortage of priests or other circumstances, the care of a number
of neighbouring parishes can be entrusted to the one parish priest.
§2 In any one
parish there is to be only one parish priest, or one moderator in accordance
with can. 517 §1; any contrary custom is reprobated and any contrary privilege
revoked.
Can. 527 §1 One
who is promoted to exercise the pastoral care of a parish obtains this care and
is bound to exercise it from the moment he takes possession.
§2 The local
Ordinary or a priest delegated by him puts the parish priest into possession,
in accordance with the procedure approved by particular law or by lawful
custom. For a just reason, however, the same Ordinary can dispense from this
procedure, in which case the communication of the dispensation to the parish
replaces the taking of possession.
§3 The local
Ordinary is to determine the time within which the parish priest must take
possession of the parish. If, in the absence of a lawful impediment, he has not
taken possession within this time, the local Ordinary can declare the parish
vacant.
Can. 528 §1 The
parish priest has the obligation of ensuring that the word of God is proclaimed
in its entirety to those living in the parish. He is therefore to see to it
that the lay members of Christ’s faithful are instructed in the truths of
faith, especially by means of the homily on Sundays and holydays of obligation
and by catechetical formation. He is to foster works which promote the spirit
of the Gospel, including its relevance to social justice. He is to have a
special care for the catholic education of children and young people. With the
collaboration of the faithful, he is to make every effort to bring the gospel
message to those also who have given up religious practice or who do not
profess the true faith.
§2 The parish
priest is to take care that the blessed Eucharist is the centre of the parish
assembly of the faithful. He is to strive to ensure that the faithful are
nourished by the devout celebration of the sacraments, and in particular that
they frequently approach the sacraments of the blessed Eucharist and penance.
He is to strive to lead them to prayer, including prayer in their families, and
to take a live and active part in the sacred liturgy. Under the authority of
the diocesan Bishop, the parish priest must direct this liturgy in his own
parish, and he is bound to be on guard against abuses.
Can. 529 §1 So
that he may fulfil his office of pastor diligently, the parish priest is to
strive to know the faithful entrusted to his care. He is therefore to visit
their families, sharing in their cares and anxieties and, in a special way,
their sorrows, comforting them in the Lord. If in certain matters they are found
wanting, he is prudently to correct them. He is to help the sick and especially
the dying in great charity, solicitiously restoring them with the sacraments
and commending their souls to God. He is to be especially diligent in seeking
out the poor, the suffering, the lonely, those who are exiled from their
homeland, and those burdened with special difficulties. He is to strive also to
ensure that spouses and parents are sustained in the fulfilment of their proper
duties, and to foster the growth of christian life in the family.
§2 The parish
priest is to recognise and promote the specific role which the lay members of
Christ’s faithful have in the mission of the Church, fostering their
associations which have religious purposes. He is to cooperate with his proper
Bishop and with the presbyterium of the diocese. Moreover, he is to endeavour
to ensure that the faithful are concerned for the community of the parish, that
they feel themselves to be members both of the diocese and of the universal
Church, and that they take part in and sustain works which promote this
community.
Can. 530 The
functions especially entrusted to the parish priest are as follows:
1° the
administration of baptism;
2° the
administration of the sacrament of confirmation to those in danger of death, in
accordance with can. 883, n. 3;
3° the
administration of Viaticum and of the anointing of the sick, without prejudice
to can. 1003 §§2 and 3, and the imparting of the apostolic blessing;
4° the assistance
at marriages and the nuptial blessing;
5° the conducting
of funerals;
6° the blessing
of the baptismal font at paschal time, the conduct of processions outside the
church, and the giving of solemn blessings outside the church;
7° the more
solemn celebration of the Eucharist on Sundays and holydays of obligation.
Can. 531 Even
though another person has performed some parochial function, he is to give the
offering he receives from the faithful on that occasion to the parish fund
unless, in respect of voluntary offerings, there is a clear contrary intention
on the donor’s part; it is for the diocesan Bishop, after consulting the
council of priests, to prescribe regulations concerning the destination of
these offerings and to provide for the remuneration of clerics who fulfil such
a parochial function.
Can. 532 In all
juridical matters, the parish priest acts in the person of the parish, in
accordance with the law. He is to ensure that the parish goods are administered
in accordance with cann. 1281‑1288.
Can. 533 §1 The
parish priest is obliged to reside in the parochial house, near the church. In
particular cases, however, where there is a just reason, the local Ordinary may
permit him to reside elsewhere, especially in a house common to several
priests, provided the carrying out of the parochial duties is properly and
suitably catered for.
§2 Unless there
is a grave reason to the contrary, the parish priest may each year be absent on
holiday from his parish for a period not exceeding one month, continuous or
otherwise. The days which the parish priest spends on the annual spiritual
retreat are not reckoned in this period of vacation. For an absence from the
parish of more than a week, however, the parish priest is bound to advise the
local Ordinary.
§3 It is for the
diocesan Bishop to establish norms by which, during the parish priest’s
absence, the care of the parish is provided for by a priest with the requisite
faculties.
Can. 534 §1 When
he has taken possession of his parish, the parish priest is bound on each
Sunday and holyday of obligation in his diocese to apply the Mass for the
people entrusted to him. If he is lawfully impeded from this celebration, he is
to have someone else apply the Mass on these days or apply it himself on other
days.
§2 A parish
priest who has the care of several parishes is bound to apply only one Mass on
the days mentioned in §1, for all the people entrusted to him.
§3 A parish
priest who has not discharged the obligations mentioned in §§1 and 2, is as
soon as possible to apply for the people as many Masses as he has omitted.
Can. 535 §1 In
each parish there are to be parochial registers, that is, of baptisms, of
marriages and of deaths, and any other registers prescribed by the Episcopal
Conference or by the diocesan Bishop. The parish priest is to ensure that
entries are accurately made and that the registers are carefully preserved.
§2 In the
register of baptisms, a note is to be made of confirmation and of matters
pertaining to the canonical status of the faithful by reason of marriage,
without prejudice to the provision of can. 1133, and by reason of adoption, the
reception of sacred order, the making of perpetual profession in a religious
institute, or a change of rite. These annotations are always to be reproduced
on a baptismal certificate.
§3 Each parish is
to have its own seal. Certificates concerning the canonical status of the
faithful, and all acts which can have juridical significance, are to be signed
by the parish priest or his delegate and secured with the parochial seal.
§4 In each parish
there is to be an archive, in which the parochial books are to be kept,
together with episcopal letters and other documents which it may be necessary
or useful to preserve. On the occasion of visitation or at some other opportune
time, the diocesan Bishop or his delegate is to inspect all of these matters.
The parish priest is to take care that they do not fall into unauthorised
hands.
§5 Older
parochial registers are also to be carefully safeguarded, in accordance with
the provisions of particular law.
Can. 536 §1 If,
after consulting the council of priests, the diocesan Bishop considers it
opportune, a pastoral council is to be established in each parish. In this
council, which is presided over by the parish priest, Christ’s faithful,
together with those who by virtue of their office are engaged in pastoral care
in the parish, give their help in fostering pastoral action.
§2 The pastoral
council has only a consultative vote, and it is regulated by the norms laid
down by the diocesan Bishop.
Can. 537 In each
parish there is to be a finance committee to help the parish priest in the
administration of the goods of the parish, without prejudice to can. 532. It is
ruled by the universal law and by the norms laid down by the diocesan Bishop,
and it is comprised of members of the faithful selected according to these
norms.
Can. 538 §1 A
parish priest ceases to hold office by removal or transfer effected by the
diocesan Bishop in accordance with the law; by his personal resignation, for a
just reason, which for validity requires that it be accepted by the diocesan
Bishop; and by the lapse of time if, in accordance with the particular law
mentioned in can. 522, he was appointed for a specified period of time.
§2 A parish
priest who is a member of a religious institute or is incardinated in a society
of apostolic life, is removed in accordance with can. 682 §2.
§3 A parish
priest who has completed his seventy fifth year of age is requested to offer
his resignation from office to the diocesan Bishop who, after considering all
the circumstances of person and place, is to decide whether to accept or defer
it. Having taken account of the norms laid down by the Episcopal Conference,
the diocesan Bishop must make provision for the appropriate maintenance and
residence of the priest who has resigned.
Can. 539 When a
parish is vacant, or when the parish priest is prevented from exercising his
pastoral office in the parish by reason of imprisonment, exile or banishment,
or by reason of incapacity or ill health or some other cause, the diocesan
Bishop is as soon as possible to appoint a parochial administrator, that is, a
priest who will take the place of the parish priest in accordance with can.
540.
Can. 540 §1 The
parochial administrator is bound by the same obligations and has the same
rights as a parish priest, unless the diocesan Bishop prescribes otherwise.
§2 The parochial
administrator may not do anything which could prejudice the rights of the
parish priest or could do harm to parochial property.
§3 When he has
discharged his office, the parochial administrator is to give an account to the
parish priest.
Can. 541 §1 When
a parish is vacant, or when the parish priest is impeded from exercising his
pastoral office, pending the appointment of a parochial administrator the
interim governance of the parish is to be undertaken by the assistant priest;
if there are a number of assistants, by the senior by appointment; if there are
none, by the parish priest determined by particular law.
§2 The one who
has undertaken the governance of the parish in accordance with §1, is at once
to inform the local Ordinary of the parish vacancy.
Can. 542 The
priests to whom, in accordance with can. 516 §1[[1]],is
jointly entrusted the pastoral care of a parish or of a number of parishes
together:
1° must possess
the qualities mentioned in can. 521;
2° are to be
appointed in accordance with cann. 522 and 524;
3° obtain the
pastoral care only from the moment of taking possession: their moderator is put
into possession in accordance with can. 527 §2; for the other priests, the
profession of faith lawfully made replaces the taking of possession.
Can. 543 §1 Each
of the priests to whom the care of a parish or of a number of parishes together
is jointly entrusted, is bound to fulfil the duties and functions of a parish
priest mentioned in cann. 528, 529 and 530. They are to do this according to a plan
determined among themselves. The faculty to assist at marriages, and all the
faculties to dispense which are given to a parish priest by virtue of the law
itself, belong to all, but are to be exercised under the direction of the
moderator.
§2 All the
priests who belong to the group:
1° are bound by
the obligation of residence;
2° are by common
counsel to establish an arrangement by which one of them celebrates the Mass
for the people, in accordance with can. 534.
3° [[2]]in
juridical affairs, only the moderator acts in the person of the parish or
parishes entrusted to the group.
Can. 544 When one
of the priests, or the moderator, of the group mentioned in can. 517 §1 ceases
to hold office, or when any member of it becomes incapable of exercising his
pastoral office, the parish or parishes whose care is entrusted to the group do
not become vacant. It is for the diocesan Bishop to appoint another moderator;
until he is appointed by the Bishop, the priest of the group who is senior by
appointment is to fulfil this office.
Can. 545 §1
Whenever it is necessary or opportune for the due pastoral care of the parish,
one or more assistant priests can be joined with the parish priest. As
cooperators with the parish priest and sharers in his concern, they are, by
common counsel and effort with the parish priest and under his authority, to
labour in the pastoral ministry.
§2 An assistant
priest may be appointed either to help in exercising the entire pastoral
ministry, whether in the whole parish or in a part of it or for a particular
group of the faithful within it, or even to help in carrying out a specific
ministry in a number of parishes at the same time.
Can. 546 To be
validly appointed an assistant priest, one must be in the sacred order of
priesthood.
Can. 547 The
diocesan Bishop freely appoints an assistant priest; if he has judged it
opportune, he will have consulted the parish priest or parish priests of the
parishes to which the assistant is appointed, and the Vicar forane, without
prejudice to can. 682 §1.
Can. 548 §1 The
obligations and rights of assistant priests are defined not only by the canons
of this chapter, but also by the diocesan statutes, and by the letter of the
diocesan Bishop ; they are more specifically determined by the directions of
the parish priest.
§2 Unless it is
otherwise expressly provided in the letter of the diocesan Bishop, the
assistant priest is by virtue of his office bound to help the parish priest in
the entire parochial ministry, with the exception of the application of the
Mass for the people. Likewise, if the matter should arise in accordance with
the law, he is bound to take the place of the parish priest.
§3 The assistant
priest is to report regularly to the parish priest on pastoral initiatives,
both those planned and those already undertaken. In this way the parish priest
and the assistant or assistants can by their joint efforts provide a pastoral
care of the parish for which they are together answerable.
Can. 549 When the
parish priest is absent, the norms of can. 541 §1 are to be observed, unless
the diocesan Bishop has provided otherwise in accordance with can. 533 §3, or
unless a parochial administrator has been appointed. If can. 541 §1 is applied,
the assistant priest is bound by all the obligations of the parish priest, with
the exception of the obligation to apply the Mass for the people.
Can. 550 §1 The
assistant priest is bound to reside in the parish or, if he is appointed for a
number of parishes at the same time, in one of them. For a just reason,
however, the local Ordinary may permit him to reside elsewhere, especially in a
house common to several priests, provided the carrying out of the pastoral
duties does not in any way suffer thereby.
§2 The local
Ordinary is to see to it that, where it is possible, some manner of common life
in the parochial house be encouraged between the parish priest and the
assistants.
§3 As far as
holidays are concerned, the assistant priest has the same rights as the parish
priest.
Can. 551 The
provisions of can. 531 are to be observed in respect of offerings which
Christ’s faithful make to the assistant priest on the occasion of his exercise
of the pastoral ministry.
Can. 552 Without
prejudice to can. 682 §2, an assistant priest may for a just reason be removed
by the diocesan Bishop or the diocesan Administrator.
Can. 553 §1 The
Vicar forane, known also as the dean or the archpriest or by some other title,
is the priest who is placed in charge of a vicariate forane.
§2 Unless it is
otherwise prescribed by particular law, the Vicar forane is appointed by the
diocesan Bishop; if he has considered it prudent to do so, he will have consulted
the priests who are exercising the ministry in the vicariate.
Can. 554 §1 For
the office of Vicar forane, which is not tied to the office of parish priest of
any given parish, the Bishop is to choose a priest whom, in view of the
circumstances of place and time, he has judged to be suitable.
§2 The Vicar
forane is to be appointed for a certain period of time, determined by
particular law.
§3 For a just
reason, the diocesan Bishop may in accordance with his prudent judgement freely
remove the Vicar forane from office.
Can. 555 §1 Apart
from the faculties lawfully given to him by particular law, the Vicar forane
has the duty and the right:
1° to promote and
coordinate common pastoral action in the vicariate;
2° to see that
the clerics of his district lead a life befitting their state, and discharge
their obligations carefully
3° to ensure that
religious functions are celebrated according to the provisions of the sacred
liturgy; that the elegance and neatness of the churches and sacred furnishings
are properly maintained, particularly in regard to the celebration of the
Eucharist and the custody of the blessed Sacrament; that the parish registers
are correctly entered and duly safeguarded; that ecclesiastical goods are
carefully administered; finally, that the parochial house is looked after with
care.
§2 In the
vicariate entrusted to him, the Vicar forane:
1° is to
encourage the clergy, in accordance with the provisions of particular law, to
attend at the prescribed time lectures and theological meetings or conferences,
in accordance with can. 272 §2[[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.
Article 1: Rectors of Churches
Can. 556 Rectors
of churches are here understood to be priests to whom is entrusted the care of
some church which is neither a parochial nor a capitular church, nor a church
attached to the house of a religious community or a society of apostolic life
which holds services in it.
Can. 557 §1 The
rector of a church is freely appointed by the diocesan Bishop, without
prejudice to a right of election or presentation to which someone may lawfully
have claim: in which case the diocesan Bishop has the right to confirm or to
appoint the rector.
§2 Even if the
church belongs to some clerical religious institute of pontifical right, it is
for the diocesan Bishop to appoint the rector presented by the Superior.
§3 The rector of
a church which is attached to a seminary or to a college governed by clerics,
is the rector of the seminary or college, unless the diocesan Bishop has
determined otherwise.
Can. 558 Without
prejudice to can. 262, the rector of a church may not perform in his church the
parochial functions mentioned in can. 530 nn. 1‑‑6, without the
consent or, where the matter requires it, the delegation of the parish priest.
Can. 559 The
rector can conduct liturgical celebrations, even solemn ones, in the church
entrusted to him, without prejudice to the legitimate laws of a foundation, and
on condition that in the judgement of the local Ordinary these celebrations do
not in any way harm the parochial ministry.
Can. 560 Where he
considers it opportune, the local Ordinary may direct the rector to celebrate
in his church certain functions for the people, even parochial functions, and
also to open the church to certain groups of the faithful so that they may hold
liturgical celebrations there.
Can. 561 Without
the permission of the rector or some other lawful superior, no one may
celebrate the Eucharist, administer the sacraments, or perform other sacred
functions in the church. This permission is to be given or refused in
accordance with the law.
Can. 562 Under
the authority of the local Ordinary, having observed the lawful statutes and
respected acquired rights, the rector of a church is obliged to see that sacred
functions are worthily celebrated in the church, in accordance with liturgical
and canon law, that obligations are faithfully fulfilled, that the property is
carefully administered, and that the maintenance and adornment of the
furnishings and buildings are assured.
He must also
ensure that nothing is done which is in any way unbecoming to the holiness of
the place and to the reverence due to the house of God.
Can. 563 For a
just reason, the local Ordinary may in accordance with his prudent judgement
remove the rector of a church from office, even if he had been elected or
presented by others, but without prejudice to can. 682 §2.
Can. 564 A
chaplain is a priest to whom is entrusted in a stable manner the pastoral care,
at least in part, of some community or special group of Christ’s faithful, to
be exercised in accordance with universal and particular law.
Can. 565 Unless
the law provides otherwise or unless special rights lawfully belong to someone,
a chaplain is appointed by the local Ordinary, to whom also it belongs to
appoint one who has been presented or to confirm one elected.
Can. 566 §1 A
chaplain must be given all the faculties which due pastoral care demands.
Besides those which are given by particular law or by special delegation, a
chaplain has by virtue of his office the faculty to hear the confessions of the
faithful entrusted to his care, to preach to them the word of God, to
administer Viaticum and the anointing of the sick, and to confer the sacrament
of confirmation when they are in danger of death.
§2 In hospitals
and prisons and on sea voyages, a chaplain has the further facility, to be
exercised only in those places, to absolve from latae sententiae censures which
are neither reserved nor declared, without prejudice to can. 976.
Can. 567 §1 The
local Ordinary is not to proceed to the appointment of a chaplain to a house of
a lay religious institute without consulting the Superior. The Superior has the
right, after consulting the community, to propose a particular priest.
§2 It is the
responsibility of the chaplain to celebrate or to direct liturgical functions;
he may not, however, involve himself in the internal governance of the
institute.
Can. 568 As far
as possible, chaplains are to be appointed for those who, because of their
condition of life, are not able to avail themselves of the ordinary care of
parish priests, as for example, migrants, exiles, fugitives, nomads and sea‑farers.
Can. 569
Chaplains to the armed forces are governed by special laws.
Can. 570 If a non‑parochial
church is attached to a centre of a community or group, the rector of the
church is to be the chaplain, unless the care of the community or of the church
requires otherwise.
Can. 571 In the
exercise of his pastoral office a chaplain is to maintain the due relationship
with the parish priest.
Can. 572 In
regard to the removal of a chaplain, the provisions of can. 563 are to be
observed.
Can. 573 §1 Life
consecrated through profession of the evangelical counsels is a stable form of
living, in which the faithful follow Christ more closely under the action of
the Holy Spirit, and are totally dedicated to God, who is supremely loved. By a
new and special title they are dedicated to seek the perfection of charity in
the service of God’s Kingdom, for the honour of God, the building up of the
Church and the salvation of the world. They are a splendid sign in the Church,
as they foretell the heavenly glory.
§2 Christ’s
faithful freely assume this manner of life in institutes of consecrated life
which are canonically established by the competent ecclesiastical authority. By
vows or by other sacred bonds, in accordance with the laws of their own
institutes, they profess the evangelical counsels of chastity, poverty and
obedience. Because of the charity to which these counsels lead, they are linked
in a special way to the Church and its mystery.
Can. 574 §1 The
state of persons who profess the evangelical counsels in these institutes
belongs to the life and holiness of the Church. It is therefore to be fostered
and promoted by everyone in the Church.
§2 Some of
Christ’s faithful are specially called by God to this state, so that they may
benefit from a special gift in the life of the Church and contribute to its
saving mission according to the purpose and spirit of each institute.
Can. 575 The
evangelical counsels, based on the teaching and example of Christ the Master,
are a divine gift which the Church received from the Lord and which by His
grace it preserves always.
Can. 576 It is
the prerogative of the competent authority in the Church to interpret the
evangelical counsels, to legislate for their practice and, by canonical
approval, to constitute the stable forms of living which arise from them. The
same authority has the responsibility to do what is in its power to ensure that
institutes grow and flourish according to the spirit of their founders and to
their sound traditions.
Can. 577 In the
Church there are many institutes of consecrated life, with gifts that differ
according to the graces given them: they more closely follow Christ praying, or
Christ proclaiming the Kingdom of God, or Christ doing good to people, or
Christ in dialogue with the people of this world, but always Christ doing the
will of the Father.
Can. 578 The
whole patrimony of an institute must be faithfully preserved by all. This
patrimony is comprised of the intentions of the founders, of all that the
competent ecclesiastical authority has approved concerning the nature, purpose,
spirit and character of the institute, and of its sound traditions.
Can. 579 Provided
the Apostolic See has been consulted, diocesan Bishops can, by formal decree,
establish institutes of consecrated life in their own territories.
Can. 580 The
aggregation of one institute of consecrated life to another is reserved to the
competent authority of the aggregating institute, always safeguarding the
canonical autonomy of the other institute.
Can. 581 It is
for the competent authority of the institute to divide the institute into
parts, by whatever name these may be called, to establish new parts, or to
unite or otherwise modify those in existence, in accordance with the
constitutions.
Can. 582 Fusions
and unions of institutes of consecrated life are reserved to the Apostolic See
alone. To it are likewise reserved confederations or federations.
Can. 583 Changes
in institutes of consecrated life which affect elements previously approved by
the Apostolic See, cannot be made without the permission of the same See.
Can. 584 Only the
Apostolic See can suppress an institute and dispose of its temporal goods.
Can. 585 The
competent authority of an institute can suppress parts of the same institute.
Can. 586 §1 A
true autonomy of life, especially of governance, is recognised for each
institute. This autonomy means that each institute has its own discipline in
the Church and can preserve whole and entire the patrimony described in can.
578.
§2 Local
Ordinaries have the responsibility of preserving and safeguarding this
autonomy.
Can. 587 §1 To
protect more faithfully the vocation and identity of each institute, the
fundamental code or constitutions of the institute are to contain, in addition
to those elements which are to be preserved in accordance with can. 578, basic
norms about the governance of the institute, the discipline of the members, the
admission and formation of members, and the proper object of their sacred
bonds.
§2 This code is
approved by the competent ecclesiastical authority, and can be changed only
with the consent of the same.
§3 In the
constitutions, the spiritual and juridical elements are to be aptly harmonised.
Norms, however, are not to be multiplied without necessity.
§4 Other norms
which are established by the competent authority of the institute are to be
properly collected in other codes, but these can be conveniently reviewed and
adapted according to the needs of time and place.
Can. 588 §1 In
itself, the state of consecrated life is neither clerical nor lay.
§2 A clerical
institute is one which, by reason of the end or purpose intended by the
founder, or by reason of lawful tradition, is under the governance of clerics,
presupposes the exercise of sacred orders, and is recognised as such by
ecclesiastical authority.
§3 A lay
institute is one which is recognised as such by ecclesiastical authority
because, by its nature, character and purpose, its proper role, defined by its
founder or by lawful tradition, does not include the exercise of sacred orders.
Can. 589 An
institute of consecrated life is of pontifical right if it has been established
by the Apostolic See, or approved by it by means of a formal decree. An
institute is of diocesan right if it has been established by the diocesan
Bishop and has not obtained a decree of approval from the Apostolic See.
Can. 590 §1
Institutes of consecrated life, since they are dedicated in a special way to
the service of God and of the whole Church, are in a particular manner subject
to its supreme authority.
§2 The individual
members are bound to obey the Supreme Pontiff as their highest Superior, by
reason also of their sacred bond of obedience.
Can. 591 The
better to ensure the welfare of institutes and the needs of the apostolate, the
Supreme Pontiff, by virtue of his primacy in the universal Church, and with a
view to the common good, can withdraw institutes of consecrated life from the
governance of local Ordinaries and subject them to himself alone, or to some
other ecclesiastical authority.
Can. 592 §1 To
promote closer union between institutes and the Apostolic See, each supreme
Moderator is to send a brief account of the state and life of the institute to
the same Apostolic See, in the manner and at the time it lays down.
§2 Moderators of
each institute are to promote a knowledge of the documents issued by the Holy
See which affect the members entrusted to them, and are to ensure that these
documents are observed.
Can. 593 In their
internal governance and discipline, institutes of pontifical right are subject
directly and exclusively to the authority of the Apostolic See, without
prejudice to can. 586.
Can. 594 An
institute of diocesan right remains under the special care of the diocesan
Bishop, without prejudice to can. 586.
Can. 595 §1 It is
the Bishop of the principal house who approves the constitutions, and confirms
any changes lawfully introduced into them, except for those matters which the
Apostolic See has taken in hand. He also deals with major affairs which exceed
the power of the internal authority of the institute. If the institute had
spread to other dioceses, he is in all these matters to consult with the other
diocesan Bishops concerned.
§2 The diocesan
Bishop can grant a dispensation from the constitutions in particular cases.
Can. 596 §1
Superiors and Chapters of institutes have that authority over the members which
is defined in the universal law and in the constitutions.
§2 In clerical
religious institutes of pontifical right, Superiors have in addition the
ecclesiastical power of governance, for both the external and the internal
forum.
§3 The provisions
of cann. 131,133 and 137‑144 apply to the authority mentioned in §1.
Can. 597 §1 Every
catholic with a right intention and the qualities required by universal law and
the institute’s own law, and who is without impediment, may be admitted to an
institute of consecrated life.
§2 No one may be
admitted without suitable preparation.
Can. 598 §1 Each
institute, taking account of its own special character and purposes, is to
define in its constitutions the manner in which the evangelical counsels of
chastity, poverty and obedience are to be observed in its way of life.
§2 All members
must not only observe the evangelical counsels faithfully and fully, but also
direct their lives according to the institute’s own law, and so strive for the
perfection of their state.
Can. 599 The
evangelical counsel of chastity embraced for the sake of the Kingdom of heaven,
is a sign of the world to come, and a source of greater fruitfulness in an
undivided heart. It involves the obligation of perfect continence observed in
celibacy.
Can. 600 The
evangelical counsel of poverty in imitation of Christ who for our sake was made
poor when he was rich, entails a life which is poor in reality and in spirit,
sober and industrious, and a stranger to earthly riches. It also involves
dependence and limitation in the use and the disposition of goods, in
accordance with each institute’s own law.
Can. 601 The
evangelical counsel of obedience, undertaken in the spirit of faith and love in
the following of Christ, who was obedient even unto death, obliges submission
of one’s will to lawful Superiors, who act in the place of God when they give
commands that are in accordance with each institute’s own constitutions.
Can. 602 The
fraternal life proper to each institute unites all the members into, as it
were, a special family in Christ. It is to be so defined that for all it proves
of mutual assistance to fulfil their vocation. The fraternal union of the
members, rooted and based in charity, is to be an example of universal
reconciliation in Christ.
Can. 603 §1
Besides institutes of consecrated life, the Church recognises the life of
hermits or anchorites, in which Christ’s faithful withdraw further from the
world and devote their lives to the praise of God and the salvation of the
world through the silence of solitude and through constant prayer and penance.
§2 Hermits are
recognised by law as dedicated to God in consecrated life if, in the hands of
the diocesan Bishop, they publicly profess, by a vow or some other sacred bond,
the three evangelical counsels, and then lead their particular form of life
under the guidance of the diocesan Bishop .
Can. 604 §1 The
order of virgins is also to be added to these forms of consecrated life.
Through their pledge to follow Christ more closely, virgins are consecrated to
God, mystically espoused to Christ and dedicated to the service of the Church,
when the diocesan Bishop consecrates them according to the approved liturgical
rite.
§2 Virgins can be
associated together to fulfil their pledge more faithfully, and to assist each
other to serve the Church in a way that befits their state.
Can. 605 The
approval of new forms of consecrated life is reserved to the Apostolic See.
Diocesan Bishops, however, are to endeavour to discern new gifts of consecrated
life which the Holy Spirit entrusts to the Church. They are also to assist
promotors to express their purposes in the best possible way, and to protect
these purposes with suitable statutes, especially by the application of the
general norms contained in this part of the Code.
Can. 606
Provisions concerning institutes of consecrated life and their members are
equally valid in law for both sexes, unless it is otherwise clear from the
context or from the nature of things.
Can. 607 §1
Religious life, as a consecration of the whole person, manifests in the Church
the marvellous marriage established by God as a sign of the world to come.
Religious thus consummate a full gift of themselves as a sacrifice offered to
God, so that their whole existence becomes a continuous worship of God in
charity.
§2 A religious
institute is a society in which, in accordance with their own law, the members
pronounce public vows and live a fraternal life in common. The vows are either
perpetual or temporary; if the latter, they are to be renewed when the time
elapses.
§3 The public
witness which religious are to give to Christ and the Church involves that
separation from the world which is proper to the character and purpose of each
institute.
Can. 608 A
religious community is to live in a lawfully constituted house, under the
authority of a Superior designated according to the norms of law. Each house is
to have at least an oratory, in which the Eucharist is celebrated and reserved,
so that it may truly be the centre of the community.
Can. 609 §1 A
house of a religious institute is established, with the prior written consent
of the diocesan Bishop, by the authority competent according to the
constitutions.
§2 For the
establishment of a monastery of cloistered nuns, the permission of the
Apostolic See is also required.
Can. 610 §1 In
establishing religious houses, the welfare of the Church and of the institute
are to be kept in mind, and care must be taken to safeguard everything that is
necessary for the members to lead their religious life in accordance with the
purposes and spirit proper to the institute.
§2 No house is to
be established unless it is prudently foreseen that the needs of the members
can be suitably provided for.
Can. 611 The
consent of the diocesan Bishop for the establishment of a religious house
carries with it the right:
1° to lead a life
according to the character and purposes proper to the institute;
2° to engage in
the works which are proper to the institute, in accordance with the law, and
subject to any conditions attached to the consent;
3° for clerical
religious institutes to have a church, subject to the provisions of can. 1215
§3, and to conduct the sacred ministries, with due observance of the law.
Can. 612 The
consent of the diocesan Bishop is required if a religious house is to be used
for apostolic works other than those for which it was established. This
permission is not required for a change which, while observing the laws of the
foundation, concerns only internal governance and discipline.
Can. 613 §1 A
religious house of canons regular or of monks under the governance and care of
their own Moderator is autonomous, unless the constitutions decree otherwise.
§2 The Moderator
of an autonomous house is by law a major Superior.
Can. 614
Monasteries of cloistered nuns which are associated with an institute of men,
have their own rule of life and governance, in accordance with the
constitutions. The mutual rights and obligations are to be defined in such a
way that spiritual good may come from the association.
Can. 615 If an
autonomous monastery has no major Superior other than its own Moderator, and is
not associated with any institute of religious in such a way that the Superior
of that institute has over the monastery a real authority determined by the
constitutions, it is entrusted, in accordance with the norms of law, to the
special vigilance of the diocesan Bishop.
Can. 616 §1 After
consultation with the diocesan Bishop, a supreme Moderator can suppress a
lawfully established religious house, in accordance with the constitutions. The
institute’s own law is to make provision for the disposal of the goods of the
suppressed house, with due regard for the wishes of founders or benefactors and
for lawfully acquired rights.
§2 The Holy See
alone can suppress the sole house of an institute, in which case it is also
reserved to the Holy See to prescribe concerning the property of the house.
§3 Unless the
constitutions enact otherwise, the suppression of the autonomous houses
mentioned in can. 613 belongs to the general chapter.
§4 The
suppression of an autonomous monastery of cloistered nuns pertains to the
Apostolic See; the provisions of the constitutions are to be observed
concerning the property of the monastery.
Article 1:
Superiors and Councils
Can. 617
Superiors are to fulfil their office and exercise their authority in accordance
with the norms of the universal law and of their own law.
Can. 618 The
authority which Superiors receive from God through the ministry of the Church
is to be exercised by them in a spirit of service. In fulfilling their office
they are to be docile to the will of God, and are to govern those subject to
them as children of God. By their reverence for the human person, they are to
promote voluntary obedience. They are to listen willingly to their subjects and
foster their cooperation for the good of the institute and the Church, without
prejudice however to their authority to decide and to command what is to be done.
Can. 619
Superiors are to devote themselves to their office with diligence. Together
with the members entrusted to them, they are to strive to build in Christ a
fraternal community, in which God is sought and loved above all. They are
therefore frequently to nourish their members with the food of God’s word and
lead them to the celebration of the liturgy. They are to be an example to the
members in cultivating virtue and in observing the laws and traditions proper
to the institute. They are to give the members opportune assistance in their
personal needs. They are to be solicitous in caring for and visiting the sick;
they are to chide the restless, console the fainthearted and be patient with
all.
Can. 620 Major
Superiors are those who govern an entire institute, or a province or a part
equivalent to a province, or an autonomous house; the vicars of the above are
also major Superiors. To these are added the Abbot Primate and the Superior of
a monastic congregation, though these do not have all the authority which the
universal law gives to major Superiors.
Can. 621 A
province is a union of several houses which, under one superior, constitutes an
immediate part of the same institute, and is canonically established by lawful
authority.
Can. 622 The
supreme Moderator has authority over all provinces, houses and members of the
institute, to be exercised in accordance with the institute’s own law. Other
Superiors have authority within the limits of their office.
Can. 623 To be
validly appointed or elected to the office of Superior, members must have been
perpetually or definitively professed for an appropriate period of time, to be
determined by their own law or, for major Superiors, by the constitutions.
Can. 624 §1
Superiors are to be constituted for a certain and appropriate period of time,
according to the nature and needs of the institute unless the constitutions
establish otherwise for the supreme Moderator and for Superiors of an
autonomous house.
§2 An institute’s
own law is to make suitable provisions so that Superiors constituted for a
defined time do not continue in offices of governance for too long a period of
time without an interval.
§3 During their
period in office, however, Superiors may be removed or transferred to another
office, for reasons prescribed in the institute’s own law.
Can. 625 The
supreme Moderator of the institute is to be designated by canonical election,
in accordance with the constitutions.
§2 The Bishop of
the principal house of the institute presides at the election of the Superior
of the autonomous monastery mentioned in can. 615, and at the election of the
supreme Moderator of an institute of diocesan right.
§3 Other
Superiors are to be constituted in accordance with the constitutions, but in
such a way that if they are elected, they require the confirmation of the
competent major Superior; if they are appointed by the Superior, the
appointment is to be preceded by suitable consultation.
Can. 626
Superiors in conferring offices, and members in electing to office, are to
observe the norms of the universal law and the institute’s own law, avoiding
any abuse or preference of persons. They are to have nothing but God and the
good of the institute before their eyes, and appoint or elect those whom, in
the Lord, they know to be worthy and fitting. In elections, besides, they are
to avoid directly or indirectly lobbying for votes, either for themselves or
for others.
Can. 627 §1
Superiors are to have their own council, in accordance with the constitutions,
and they must make use of it in the exercise of their office.
§2 Apart from the
cases prescribed in the universal law, an institute’s own law is to determine
the cases in which the validity of an act depends upon consent or advice being
sought in accordance with can. 127.
Can. 628 §1
Superiors who are designated for this office by the institute’s own law are at
stated times to visit the houses and the members entrusted to them, in
accordance with the norms of the same law.
§2 The diocesan
Bishop has the right and the duty to visit the following, even in respect of
religious discipline:
1° the autonomous
monasteries mentioned in can. 615;
2° the individual
houses of an institute of diocesan right situated in his territory.
§3 The members
are to act with confidence towards the visitator, to whom when lawfully
questioning they are bound to reply truthfully and with charity. It is not
lawful for anyone in any way to divert the members from this obligation or
otherwise to hinder the scope of the visitation.
Can. 629
Superiors are to reside each in his or her own house, and they are not to leave
it except in accordance with the institute’s own law.
Can. 630 §1 While
safeguarding the discipline of the institute, Superiors are to acknowledge the
freedom due to the members concerning the sacrament of penance and the
direction of conscience.
§2 Superiors are
to take care, in accordance with the institute’s own law, that the members have
suitable confessors available, to whom they may confess frequently.
§3 In monasteries
of cloistered nuns, in houses of formation, and in large lay communities, there
are to be ordinary confessors, approved by the local Ordinary after
consultation with the community. There is however, no obligation to approach
these confessors.
§4 Superiors are
not to hear the confessions of their subjects unless the members spontaneously
request them to do so.
§5 The members
are to approach their superiors with trust and be able to open their minds
freely and spontaneously to them. Superiors, however, are forbidden in any way
to induce the members to make a manifestation of conscience to themselves.
Can. 631 §1 In an
institute the general chapter has supreme authority in accordance with the
constitutions. It is to be composed in such a way that it represents the whole
institute and becomes a true sign of its unity in charity. Its principal
functions are to protect the patrimony of the institute mentioned in can. 578
and to foster appropriate renewal in accord with that patrimony. It also elects
the supreme Moderator, deals with matters of greater importance, and issues
norms which all are bound to obey.
§2 The
composition of the general chapter and the limits of its powers are to be
defined in the constitutions. The institute’s own law is to determine in
further detail the order to be observed in the celebration of the chapter,
especially regarding elections and the matters to be treated.
§3 According to
the norms determined in the institute’s own law, not only provinces and local
communities, but also any individual member may freely submit their wishes and
suggestions to the general chapter.
Can. 632 The
institute’s own law is to determine in greater detail matters concerning other
chapters and other similar assemblies of the institute, that is, concerning
their nature, authority, composition, procedure and time of celebration.
Can. 633 §1
Participatory and consultative bodies are faithfully to carry out the task
entrusted to them, in accordance with the universal law and the institute’s own
law. In their own way they are to express the care and participation of all the
members for the good of the whole institute or community .
§2 In
establishing and utilising these means of participation and consultation, a
wise discernment is to be observed, and the way in which they operate is to be
in conformity with the character and purpose of the institute.
Article 3:
Temporal Goods and their Administration
Can. 634 §1 Since
they are by virtue of the law juridical persons, institutes, provinces and houses
have the capacity to acquire, possess, administer and alienate temporal goods,
unless this capacity is excluded or limited in the constitutions.
§2 They are,
however, to avoid all appearance of luxury, excessive gain and the accumulation
of goods.
Can. 635 §1 Since
the temporal goods of religious institutes are ecclesiastical goods, they are
governed by the provisions of Book V on ‘The Temporal Goods of the Church’,
unless there is express provision to the contrary.
§2 Each
institute, however, is to establish suitable norms for the use and
administration of goods, so that the poverty proper to the institute may be
fostered, defended and expressed.
Can. 636 §1 In
each institute, and in each province ruled by a major Superior, there is to be
a financial administrator, distinct from the major Superior and constituted in
accordance with the institute’s own law. The financial administrator is to
administer the goods under the direction of the respective Superior. Even in
local communities a financial administrator, distinct from the local Superior,
is in so far as possible to be constituted.
§2 At the time
and in the manner determined in the institute’s own law the financial
administrator and others with financial responsibilities are to render an
account of their administration to the competent authority.
Can. 637 Once a
year, the autonomous monasteries mentioned in can. 615 are to render an account
of their administration to the local Ordinary. The local Ordinary also has the
right to be informed about the financial affairs of a religious house of
diocesan right.
Can. 638 §1 It is
for an institute’s own law, within the limits of the universal law, to define
the acts which exceed the purpose and the manner of ordinary administration,
and to establish what is needed for the validity of an act of extraordinary
administration.
§2 Besides
Superiors, other officials designated for this task in the institute’s own law
may, within the limits of their office, validly make payments and perform
juridical acts of ordinary administration.
§3 For the
validity of alienation, and of any transaction by which the patrimonial
condition of the juridical person could be adversely affected there is required
the written permission of the competent Superior, given with the consent of his
or her council. Moreover, the permission of the Holy See is required if the
transaction involves a sum exceeding that which the Holy See has determined for
each region, or if it concerns things donated to the Church as a result of a
vow, or objects which are precious by reason of their artistic or historical
value.
§4 For the
autonomous monasteries mentioned in can. 615, and for institutes of diocesan
right, the written consent of the diocesan Bishop is necessary.
Can. 639 §1 If a
juridical person has contracted debts and obligations, even with the permission
of the Superior, it is responsible for them.
§2 If individual
members have, with the permission of the Superior, entered into contracts
concerning their own property, they are responsible. If, however, they have
conducted business for the institute on the mandate of a Superior, the
institute is responsible.
§3 If a religious
has entered into a contract without any permission of Superiors, the religious
is responsible, not the juridical person.
§4 However, an
action can always be brought against a person who has gained from a contract
entered into.
§5 Superiors are
to be careful not to allow debts to be contracted unless they are certain that
normal income can service the interest on the debt, and by lawful amortization
repay the capital over a period which is not unduly extended.
Can. 640 Taking
into account the circumstances of the individual places, institutes are to make
a special effort to give, as it were, a collective testimony of charity and
poverty. They are to do all in their power to donate something from their own
resources to help the needs of the Church and the support of the poor.
Article 1:
Admission to the Novitiate
Can. 641 The
right to admit candidates to the novitiate belongs to the major Superiors, in
accordance with the norms of the institute’s own law.
Can. 642
Superiors are to exercise a vigilant care to admit only those who, besides
being of required age, are healthy, have a suitable disposition, and have
sufficient maturity to undertake the life which is proper to the institute. If
necessary, the health, disposition and maturity are to be established by
experts, without prejudice to can. 220.
Can. 643 §1 The
following are invalidly admitted to the novitiate:
1° One who has
not yet completed the seventeenth year of age;
2° a spouse,
while the marriage lasts;
3° one who is
currently bound by a sacred bond to some institute of consecrated life, or is
incorporated in some society of apostolic life, without prejudice to can. 684;
4° one who enters
the institute through force, fear or deceit, or whom the Superior accepts under
the same influences;
5° one who has
concealed his or her incorporation in an institute of consecrated life or
society of apostolic life.
§2 An institute’s
own law can constitute other impediments even for the validity of admission, or
attach other conditions.
Can. 644
Superiors are not to admit secular clerics to the novitiate without consulting
their proper Ordinary; nor those who have debts which they are unable to meet.
Can. 645 §1
Before candidates are admitted to the novitiate they must produce proof of
baptism and confirmation, and of their free status.
§2 The admission
of clerics or others who had been admitted to another institute of consecrated
life, to a society of apostolic life, or to a seminary, requires in addition
the testimony of, respectively, the local Ordinary, or the major Superior of
the institute or society, or the rector of the seminary.
§3 An institute’s
own law can demand further proofs concerning the suitability of candidates and
their freedom from any impediment.
§4 The Superiors
can seek other information, even under secrecy, if this seems necessary to
them.
Article 2: The
Novitiate and the Formation of Novices
Can. 646 The
purpose of the novitiate, by which life in an institute begins, is to give the
novices a greater understanding of their divine vocation, and of their vocation
to that institute. During the novitiate the novices are to experience the
manner of life of the institute and form their minds and hearts in its spirit.
At the same time their resolution and suitability are to be tested.
Can. 647 §1 The
establishment, transfer and suppression of a novitiate house are to take place
by a written decree of the supreme Moderator of the institute, given with the
consent of the council.
§2 To be valid, a
novitiate must take place in a house which is duly designated for this purpose.
In particular cases and by way of exception and with the permission of the
supreme Moderator given with the consent of the council, a candidate can make
the novitiate in another house of the institute, under the direction of an
approved religious who takes the place of the director of novices.
§3 A major
Superior can allow a group of novices to reside, for a certain period of time,
in another specified house of the institute.
Can. 648 §1 For
validity, the novitiate must comprise twelve months spent in the novitiate
community, without prejudice to the provision of can. 647 §3.
§2 To complete
the formation of the novices, the constitutions can prescribe, in addition to
the time mentioned in §1, one or more periods of apostolic activity, to be
performed outside the novitiate community.
§3 The novitiate
is not to be extended beyond two years.
Can. 649 §1
Without prejudice to the provisions of can. 647 §3, and can. 648 §2, a
novitiate is invalidated by an absence from the novitiate house of more than
three months, continuous or broken. Any absence of more than fifteen days must
be made good.
§2 With the
permission of the competent major Superior, first profession may be
anticipated, though not by more than fifteen days.
Can. 650 §1 The
object of the novitiate demands that novices be formed under the supervision of
the director of novices, in a manner of formation to be defined by the
institute’s own law.
§2 The governance
of the novices is reserved to the director of novices alone, under the
authority of the major Superiors.
Can. 651 §1 The
director of novices is to be a member of the institute who has taken perpetual
vows and has been lawfully designated.
§2 If need be,
directors of novices may be given assistants, who are subject to them in regard
to the governance of the novitiate and the manner of formation.
§3 Those in
charge of the formation of novices are to be members who have been carefully
prepared, and who are not burdened with other tasks, so that they may discharge
their office fruitfully and in a stable fashion.
Can. 652 §1 It is
the responsibility of the directors of novices and their assistants to discern
and test the vocation of the novices, and gradually to form them to lead the
life of perfection which is proper to the institute.
§2 Novices are to
be led to develop human and christian virtues. Through prayer and self‑denial
they are to be introduced to a fuller way of perfection. They are to be
instructed in contemplating the mystery of salvation, and in reading and
meditating on the sacred Scriptures. Their preparation is to enable them to
develop their worship of God in the sacred liturgy. They are to learn how to
lead a life consecrated to God and their neighbour in Christ through the
evangelical counsels. They are to learn about the character and spirit of the
institute, its purpose and discipline, its history and life, and be imbued with
a love for the Church and its sacred Pastors.
§3 Novices,
conscious of their own responsibility, are to cooperate actively with the
director of novices, so that they may faithfully respond to the grace of their
divine vocation.
§4 By the example
of their lives and by prayer, the members of the institute are to ensure that
they do their part in assisting the work of formation of the novices.
§5 The period of
novitiate mentioned in can. 648 §1, is to be set aside exclusively for the work
of formation. The novices are therefore not to be engaged in studies or duties
which do not directly serve this formation.
Can. 653 §1 A
novice may freely leave the institute. The competent authority of the institute
may also dismiss a novice.
§2 On the
completion of the novitiate, a novice, if judged suitable, is to be admitted to
temporary profession; otherwise the novice is to be dismissed. If a doubt
exists concerning suitability, the time of probation may be prolonged by the
major Superior, in accordance with the institute’s own law, but for a period
not exceeding six months.
Article 3:
Religious Profession
Can. 654 By
religious profession members make a public vow to observe the three evangelical
counsels. Through the ministry of the Church they are consecrated to God, and
are incorporated into the institute, with the rights and duties defined by law.
Can. 655
Temporary profession is to be made for the period defined by the institute’s
own law. This period may not be less than three years nor longer than six
years.
Can. 656 The
validity of temporary profession requires:
1° that the
person making it has completed at least the eighteenth year of age;
2° that the
novitiate has been made validly;
3° that admission
has been granted, freely and in accordance with the norms of law, by the
competent Superior, after a vote of his or her council;
4° that the
profession be explicit and made without force, fear or deceit;
5° that the
profession be received by the lawful Superior, personally or through another.
Can. 657 §1 When
the period of time for which the profession was made has been completed, a
religious who freely asks, and is judged suitable, is to be admitted to a
renewal of profession or to perpetual profession; otherwise, the religious is
to leave.
§2 If it seems
opportune, the period of temporary profession can be extended by the competent
Superior in accordance with the institute’s own law. The total time during which
the member is bound by temporary vows may not, however, extend beyond nine
years.
§3 Perpetual
profession can for a just reason be anticipated, but not by more than three
months.
Can. 658 Besides
the conditions mentioned in can. 656, nn. 3, 4 and 5, and others attached by
the institute’s own law, the validity of perpetual profession requires:
1° that the
person has completed at least the twenty‑first year of age;
2° that there has
been previous temporary profession for at least three years, without prejudice
to the provision of can. 657 §3.
Article 4: The
Formation of Religious
Can. 659 §1 After
first profession, the formation of all members in each institute is to be
completed, so that they may lead the life proper to the institute more fully,
and fulfil its mission more effectively.
§2 The
institute’s own law is, therefore, to define the nature and duration of this
formation. In this, the needs of the Church and the conditions of people and
times are to be kept in mind, insofar as this is required by the purpose and
the character of the institute.
§3 The formation
of members who are being prepared for sacred orders is governed by the
universal law and the institute’s own program of studies.
Can. 660 §1
Formation is to be systematic, adapted to the capacity of the members,
spiritual and apostolic, both doctrinal and practical. Suitable ecclesiastical
and civil degrees are to be obtained as opportunity offers.
§2 During the
period of formation members are not to be given offices and undertakings which
hinder their formation.
Can. 661
Religious are to be diligent in continuing their spiritual, doctrinal and
practical formation throughout their lives. Superiors are to ensure that they
have the assistance and the time to do this.
Can. 662
Religious are to find their supreme rule of life in the following of Christ as
proposed in the Gospel and as expressed in the constitutions of their own
institute.
Can. 663 §1 The
first and principal duty of all religious is to be the contemplation of things
divine and constant union with God in prayer.
§2 Each day the
members are to make every effort to participate in the Eucharistic sacrifice,
receive the most holy Body of Christ and adore the Lord himself present in the
Sacrament.
§3 They are to
devote themselves to reading the sacred Scriptures and to mental prayer. In
accordance with the provisions of their own law, they are to celebrate the
liturgy of the hours worthily, without prejudice to the obligation of clerics
mentioned in can. 276, §2, n.3. They are also to perform other exercises of
piety.
§4 They are to
have a special devotion to the Virgin Mother of God, the example and
protectress of all consecrated life, including by way of the rosary.
§5 They are
faithfully to observe the period of annual retreat.
Can. 664
Religious are earnestly to strive for the conversion of soul to God. They are
to examine their consciences daily, and to approach the sacrament of penance
frequently
Can. 665 §1
Religious are to reside in their own religious house and observe the common
life; they are not to stay elsewhere except with the permission of the
Superior. For a lengthy absence from the religious house, the major Superior,
for a just reason and with the consent of the council, can authorise a member
to live outside a house of the institute; such an absence is not to exceed one
year, unless it be for reasons of health, studies or an apostolate to be
exercised in the name of the institute.
§2 Members who
unlawfully absent themselves from a religious house with the intention of
withdrawing from the authority of Superiors, are to be carefully sought out and
helped to return and to persevere in their vocation.
Can. 666 In using
the means of social communication, a necessary discretion is to be observed.
Members are to avoid whatever is harmful to their vocation and dangerous to the
chastity of a consecrated person.
Can. 667 §1 In
accordance with the institute’s own law, there is to be in all houses an
enclosure appropriate to the character and mission of the institute. Some part
of the house is always to be reserved to the members alone.
§2 A stricter
discipline of enclosure is to be observed in monasteries which are devoted to
the contemplative life.
§3 Monasteries of
cloistered nuns who are wholly devoted to the contemplative life, must observe
papal enclosure, that is, in accordance with the norms given by the Apostolic
See. Other monasteries of cloistered nuns are to observe an enclosure which is
appropriate to their nature and is defined in the constitutions.
§4 The diocesan
Bishop has the faculty of entering, for a just reason, the enclosure of
cloistered nuns whose monasteries are situated in his diocese. For a grave
reason and with the assent of the Abbess, he can permit others to be admitted
to the enclosure, and permit the nuns to leave the enclosure for whatever time
is truly necessary.
Can. 668 §1
Before their first profession, members are to cede the administration of their
goods to whomsoever they wish and, unless the constitutions provide otherwise,
they are freely to make dispositions concerning the use and enjoyment of these
goods. At least before perpetual profession, they are to make a will which is
valid also in civil law.
§2 To change
these dispositions for a just reason, and to take any action concerning
temporal goods, there is required the permission of the Superior who is
competent in accordance with the institute’s own law.
§3 Whatever a
religious acquires by personal labour, or on behalf of the institute, belongs
to the institute. Whatever comes to a religious in any way through pension,
grant or insurance also passes to the institute, unless the institute’s own law
decrees otherwise.
§4 When the
nature of an institute requires members to renounce their goods totally, this
renunciation is to be made before perpetual profession and, as far as possible,
in a form that is valid also in civil law; it shall come into effect from the
day of profession. The same procedure is to be followed by a perpetually
professed religious who, in accordance with the norms of the institute’s own
law and with the permission of the supreme Moderator, wishes to renounce goods,
in whole or in part.
§5 Professed
religious who, because of the nature of their institute, totally renounce their
goods, lose the capacity to acquire and possess goods; actions of theirs
contrary to the vow of poverty are therefore invalid. Whatever they acquire
after renunciation belongs to the institute, in accordance with the institute’s
own law.
Can. 669 §1 As a
sign of their consecration and as a witness to poverty, religious are to wear
the habit of their institute, determined in accordance with the institute’s own
law.
§2 Religious of a
clerical institute who do not have a special habit are to wear clerical dress,
in accordance with can. 284.
Can. 670 The
institute must supply the members with everything that, in accordance with the
constitutions, is necessary to fulfil the purpose of their vocation.
Can. 671 Religious
are not to undertake tasks and offices outside their own institute without the
permission of the lawful Superior.
Can. 672
Religious are bound by the provisions of cann. 277,285, 286, 287 and 289.
Religious who are clerics are also bound by the provisions of can. 279 §2. In
lay institutes of pontifical right, the permission mentioned in can. 285 §4 can
be given by the major Superior.
Can. 673 The
apostolate of all religious consists primarily in the witness of their
consecrated life, which they are bound to foster through prayer and penance.
Can. 674
Institutes which are wholly directed to contemplation always have an
outstanding part in the mystical Body of Christ. They offer to God an
exceptional sacrifice of praise. They embellish the people of God with very
rich fruits of holiness, move them by their example, and give them increase by
a hidden apostolic fruitfulness. Because of this, no matter how urgent the
needs of the active apostolate, the members of these institutes cannot be
called upon to assist in the various pastoral ministries.
Can. 675 §1
Apostolic action is of the very nature of institutes dedicated to apostolic
works. The whole life of the members is, therefore, to be imbued with an
apostolic spirit, and the whole of their apostolic action is to be animated by
a religious spirit.
§2 Apostolic
action is always to proceed from intimate union with God, and is to confirm and
foster this union.
§3 Apostolic
action exercised in the name of the Church and by its command is to be
performed in communion with the Church.
Can. 676 Lay
institutes of men and women participate in the pastoral mission of the Church
through the spiritual and corporal works of mercy, performing very many
different services for people. They are therefore to remain faithful to the
grace of their vocation.
Can. 677 §1
Superiors and members are faithfully to hold fast to the mission and works
which are proper to their institute. According to the needs of time and place,
however, they are prudently to adapt them, making use of new and appropriate
means.
§2 Institutes
which have associations of Christ’s faithful joined to them are to have a
special care that these associations are imbued with the genuine spirit of
their family.
Can. 678 §1 In
matters concerning the care of souls, the public exercise of divine worship and
other works of the apostolate, religious are subject to the authority of the
Bishops, whom they are bound to treat with sincere obedience and reverence.
§2 In the
exercise of an apostolate towards persons outside the institute, religious are
also subject to their own Superiors and must remain faithful to the discipline
of the institute. If the need arises, Bishops themselves are not to fail to
insist on this obligation.
§3 In directing
the apostolic works of religious, diocesan Bishops and religious Superiors must
proceed by way of mutual consultation.
Can. 679 For a
very grave reason a diocesan Bishop can forbid a member of a religious
institute to remain in his diocese, provided the person’s major Superior has
been informed and has failed to act; the matter must immediately be reported to
the Holy See.
Can. 680
Organised cooperation is to be fostered among different institutes, and between
them and the secular clergy. Under the direction of the Bishop, there is to be
a coordination of all apostolic works and actions, with due respect for the
character and purpose of each institute and the laws of its foundation.
Can. 681 §1 Works
which the diocesan Bishop entrusts to religious are under the authority and
direction of the Bishop, without prejudice to the rights of religious Superiors
in accordance with can. 678 §§2 and 3.
§2 In these cases
a written agreement is to be made between the diocesan Bishop and the competent
Superior of the institute. This agreement must expressly and accurately define,
among other things, the work to be done, the members to be assigned to it and
the financial arrangements.
Can. 682 §1 If an
ecclesiastical office in a diocese is to be conferred on a member of a
religious institute, the religious is appointed by the diocesan Bishop on
presentation by, or at least with the consent of, the competent Superior.
§2 The religious
can be removed from the office at the discretion of the authority who made the
appointment, with prior notice being given to the religious Superior; or by the
religious Superior, with prior notice being given to the appointing authority.
Neither requires the other’s consent.
Can. 683 §1
Either personally or through a delegate, the diocesan Bishop can visit churches
or oratories to which Christ’s faithful have habitual access, schools other
than those open only to the institute’s own members, and other works of
religion and charity entrusted to religious, whether these works be spiritual
or temporal. He can do this at the time of pastoral visitation, or in a case of
necessity.
§2 If the
diocesan Bishop becomes aware of abuses, and a warning to the religious
Superior having been in vain, he can by his own authority deal with the matter.
Article 1:
Transfer to another Institute
Can. 684 §1
Perpetually professed members cannot transfer from their own religious
institute to another, except by permission of the supreme Moderators of both
institutes, given with the consent of their respective councils.
§2 On completion
of a probationary period of at least three years, the member can be admitted to
perpetual profession in the new institute. A member who refuses to make this
profession, or is not admitted to do so by the competent Superiors, is to
return to the original institute, unless an indult of secularisation has been
obtained.
§3 For a
religious to transfer from one autonomous monastery to another monastery of the
same institute, federation or confederation, the consent of the major Superior
of both monasteries and of the chapter of the receiving monastery is required
and is sufficient, unless the institute’s own law has established further
conditions. A new profession is not required.
§4 The
institute’s own law is to determine the time and manner of the probation which
must precede the member’s profession in the new institute.
§5 To transfer to
a secular institute or to a society of apostolic life, or to transfer from
these to a religious institute, the permission of the Holy See is required and
its instructions are to be followed.
Can. 685 §1 Until
profession is made in the new institute, the rights and obligations of the
member in the previous institute are suspended, but the vows remain. From the
beginning of probation, the member is bound to observe the laws of the new
institute.
§2 By profession
in the new institute the member is incorporated into it, and the earlier vows,
rights and obligations cease.
Article 2:
Departure from the Institute
Can. 686 §1 With
the consent of his or her council, the supreme Moderator can for a grave reason
grant an indult of exclaustration to a perpetually professed member for a
period not exceeding three years. In the case of a cleric, the indult requires
the prior consent of the Ordinary of the place where the clerics must reside.
To extend this indult, or to grant one for more than three years, is reserved
to the Holy See or, in an institute of diocesan right, to the diocesan Bishop.
§2 Only the
Apostolic See can grant an indult of exclaustration for cloistered nuns.
§3 At the request
of the supreme Moderator acting with the consent of his or her council,
exclaustration can be imposed by the Holy See on a member of an institute of
pontifical right, or by a diocesan Bishop on a member of an institute of
diocesan right. In either case a grave reason is required, and equity and
charity are to be observed.
Can. 687 Members
who are exclaustrated are considered as dispensed from those obligations which
are incompatible with their new condition of life. They remain dependent on and
under the care of their Superiors and, particularly in the case of a cleric, of
the local Ordinary. They may wear the religious habit, unless the indult
specifies otherwise, but they lack active and passive voice.
Can. 688 §1 A
person who, on completion of the time of temporary profession, wishes to leave
the institute, is free to do so.
§2 A person who,
during the time of temporary profession, for a grave reason asks to leave the
institute, can obtain an indult to leave. In an institute of pontifical right,
this indult can be given by the supreme Moderator with the consent of his or
her council. In institutes of diocesan right and in the monasteries mentioned
in can. 615, the indult must, for validity, be confirmed by the Bishop in whose
diocese is located the house to which the person is assigned.
Can. 689 §1 The
competent major Superior, after consulting his or council, can for just reasons
exclude a member from making further profession on the completion of temporary
profession.
§2 Even though
contracted after profession, a physical or psychological infirmity which, in
the judgement of experts, renders the member mentioned in §1 unsuited to lead a
life in the institute, constitutes a reason for not admitting the member to
renewal of profession or to perpetual profession, unless the infirmity was
contracted through the negligence of the institute or because of work performed
in the institute.
§3 A religious
who becomes insane during the period of temporary vows cannot be dismissed from
the institute, even though unable to make a new profession.
Can. 690 §1 A
person who lawfully leaves the institute after completing the novitiate or
after profession, can be re‑admitted by the supreme Moderator, with the
consent of his or her council, without the obligation of repeating the
novitiate. The same Moderator is to determine an appropriate probation prior to
temporary profession, and the length of time in vows before making perpetual
profession, in accordance with the norms of can. 655 and 657.
§2 The Superior
of an autonomous monastery, acting with the consent of his or her council, has
the same faculty.
Can. 691 §1 A
perpetually professed religious is not to seek an indult to leave the
institute, except for very grave reasons, weighed before the Lord. The petition
is to be presented to the supreme Moderator of the institute, who will forward
it to the competent authority with his or her own opinion and that of the
council.
§2 In institutes
of pontifical right this indult is reserved to the Apostolic See. In institutes
of diocesan right the indult can be granted by the Bishop in whose diocese is
located the house to which the religious is assigned.
Can. 692 An
indult to leave the institute, which is lawfully granted and notified to the
member, by virtue of the law itself carries with it, unless it has been
rejected by the member in the act of notification, a dispensation from the vows
and from all obligations arising from profession.
Can. 693 If the
member is a cleric, the indult is not granted until he has found a Bishop who
will incardinate him in his diocese or at least receive him there on probation.
If he is received on probation, he is by virtue of the law itself incardinated
in the diocese after five years, unless the Bishop has rejected him.
Article 3: The
Dismissal of Members
Can. 694 §1 A
member is to be considered automatically dismissed if he or she:
1° has
notoriously defected from the catholic faith;
2° has contracted
marriage or attempted to do so, even civilly.
§2 In these cases
the major Superior with his or her council must, after collecting the evidence,
without delay make a declaration of the fact, so that the dismissal is juridically
established.
Can. 695 §1 A
member must be dismissed for the offences mentioned in cann. 1397, 1398 and
1395, unless, for the offences mentioned in can. 1395 §2, the Superior judges
that dismissal is not absolutely necessary; and that sufficient provision can
be made in some other way for the amendment of the member, the restoration of
justice and the reparation of scandal.
§2 In these cases
the major Superior is to collect the evidence concerning the facts and the
imputability of the offence. The accusation and the evidence are then to be
presented to the member, who shall be given the opportunity for defence. All
the acts, signed by the major Superior and the notary, are to be forwarded,
together with the written and signed replies of the member, to the supreme
Moderator.
Can. 696 §1 A
member can be dismissed for other causes, provided they are grave, external,
imputable and juridically proven. Among such causes are: habitual neglect of
the obligations of consecrated life; repeated violations of the sacred bonds;
obstinate disobedience to the lawful orders of Superiors in grave matters;
grave scandal arising from the culpable behaviour of the member; obstinate
attachment to, or diffusion of, teachings condemned by the magisterium of the
Church; public adherence to materialistic or atheistic ideologies; the unlawful
absence mentioned in can. 665 §2, if it extends for a period of six months;
other reasons of similar gravity which are perhaps defined in the institute’s
own law.
§2 A member in
temporary vows can be dismissed even for less grave reasons determined in the
institute’s own law.
Can. 697 §1 In
the cases mentioned in can. 696, if the major Superior, after consulting his or
her council, judges that the process of dismissal should be commenced:
1° the major
Superior is to collect or complete the evidence;
2° the major
Superior is to warn the member in writing, or before two witnesses, with an
explicit caution that dismissal will follow unless the member reforms. The
reasons for dismissal are to be clearly expressed and the member is to be given
every opportunity for defence. If the warning has no effect, another warning is
to be given after an interval of at least fifteen days;
3° if this latter
warning is also ineffectual, and the major Superior with his or her council
judges that there is sufficient proof of incorrigibility, and that the defence
by the member is insufficient, after fifteen days from the last warning have
passed in vain all the acts, signed by the major Superior and the notary, are
to be forwarded, together with the signed replies of the member, to the supreme
Moderator.
Can. 698 In all
the cases mentioned in cann. 695 and 696, the member always retains the right
to communicate with, and send replies directly to, the supreme Moderator.
Can. 699 §1 The
supreme Moderator and his or her council are to proceed in collegial fashion in
accurately weighing the evidence, the arguments, and the defence. For validity,
the council must comprise at least four members. If by a secret vote it is
decided to dismiss the religious, a decree of dismissal is to be drawn up,
which for validity must express at least in summary form the reasons in law and
in fact.
§2 In the
autonomous monasteries mentioned in can. 615, the judgement about dismissal
belongs to the diocesan Bishop. The Superior is to submit the acts to him after
they have been reviewed by the council.
Can. 700 The
decree of dismissal has no effect unless it is confirmed by the Holy See, to
whom the decree and all the acts are to be forwarded. If the matter concerns an
institute of diocesan right, the confirmation belongs to the Bishop in whose
diocese is located the house to which the religious belongs. For validity the
decree must indicate the right of the person dismissed to have recourse to the
competent authority within ten days of receiving notification of the decree.
The recourse has a suspensive effect.
Can. 701 By
lawful dismissal, both the vows and the rights and duties deriving from
profession automatically cease. If the member is a cleric, he may not exercise
sacred orders until he finds a Bishop who will, after a suitable probation,
receive him into his diocese in accordance with can. 693, or who will at least
allow him to exercise his sacred orders.
Can. 702 §1
Whoever lawfully leaves a religious institute or is lawfully dismissed from
one, cannot claim anything from the institute for any work done in it.
§2 The institute,
however, is to show equity and evangelical charity towards the member who is
separated from it.
Can. 703 §1 In a
case of grave external scandal, or of extremely grave and imminent harm to the
institute, a member can be expelled forthwith from the house by the major
Superior. If there is danger in delay, this can be done by the local Superior
with the consent of his or her council. The major Superior, if need be, is to
introduce a process of dismissal in accordance with the norms of law, or refer
the matter to the Apostolic See.
Can. 704 In the
report to be sent to the Apostolic See in accordance with can. 592, §1, mention
is to be made of members who have been separated in any way from the institute.
Can. 705 A
religious who is raised to the episcopate remains a member of his institute,
but is subject only to the Roman Pontiff by his vow of obedience. He is not
bound by obligations which he prudently judges are not compatible with his
condition.
Can. 706 In the
case of the religious mentioned above:
1° if he has lost
the ownership of his goods through his profession he now has the use and
enjoyment and the administration of the goods which he acquires. In the case of
a diocesan Bishop and of those mentioned in can. 381 §2, the particular Church
acquires their ownership; in the case of others, they belong to the institute
or the Holy See, depending on whether the institute is or is not capable of
possessing goods;
2° if he has not
lost the ownership of his goods through his profession, he recovers the use and
enjoyment and the administration of the goods he possessed; what he obtains
later, he acquires fully;
3° in both cases
any goods he receives which are not personal gifts must be disposed of
according to the intention of the donors.
Can. 707 §1 A
religious Bishop ‘emeritus’ may choose to reside outside the house of his
institute, unless the Apostolic See disposes otherwise.
§2 If he has
served a diocese, can. 402 §2 is to be observed concerning his suitable and
worthy maintenance, unless his own institute wishes to provide such
maintenance. Otherwise, the Apostolic See is to make other provision.
Can. 708 Major
Superiors can usefully meet together in conferences and councils, so that by
combined effort they may work to achieve more fully the purpose of each
institute, while respecting the autonomy, nature and spirit of each. They can
also deal with affairs which are common to all, and work to establish suitable
coordination and cooperation with Episcopal Conferences and with individual
Bishops.
Can. 709 Conferences
of major Superiors are to have their own statutes, which must be approved by
the Holy See. Only the Holy See can establish them or give them juridical
personality. They remain under the ultimate direction of the Holy See.
Can. 710 A
secular institute is an institute of consecrated life in which Christ’s
faithful, living in the world, strive for the perfection of charity and
endeavour to contribute to the sanctification of the world, especially from
within.
Can. 711 Without
prejudice to the provisions of the law concerning institutes of consecrated
life, consecration as a member of a secular institute does not change the
member’s canonical status among the people of God, be it lay or clerical.
Can. 712 Without
prejudice to the provisions of can. 598‑‑601, the constitutions are
to establish the sacred bonds by which the evangelical counsels are undertaken
in the institute. They are to define the obligations which these bonds entail,
while always preserving in the manner of life the secular character proper to
the institute.
Can. 713 §1
Members of these institutes express and exercise their special consecration in
apostolic activity. Like a leaven, they endeavour to permeate everything with
an evangelical spirit for the strengthening and growth of the Body of Christ.
§2 Lay members
participate in the evangelising mission of the Church in the world and from
within the world. They do this by their witness of christian life and of
fidelity to their consecration, and by the assistance they give in directing
temporal affairs to God and in animating the world by the power of the Gospel.
They also offer their cooperation to serve the ecclesial community in
accordance with the secular manner of life proper to them.
§3 Clerical
members, by the witness of their consecrated life, especially in the
presbyterium, support their colleagues by a distinctive apostolic charity, and
in the people of God they further the sanctification of the world by their
sacred ministry.
Can. 714 Members
are to live their lives in the ordinary conditions of the world, either alone,
in their families or in fraternal groups, in accordance with the constitutions.
Can. 715 §1
Clerical members incardinated in a diocese are subject to the diocesan Bishop,
except for whatever concerns the consecrated life of their own institutes.
§2 Those who, in
accordance with the norms of can. 266 §3, are incardinated in the institute,
and who are appointed to works proper to the institute or to the governance of
the institute, are subject to the Bishop in the same way as religious.
Can. 716 §1 All
members are to take an active part in the life of the institute, in accordance
with the institute’s own law.
§2 Members of the
same institute are to preserve a rapport with one another, carefully fostering
a unity of spirit and a genuine fraternity.
Can. 717 §1 The
constitutions are to determine the institute’s own form of governance. They are
to define the period of time for which Moderators exercise their office and the
manner in which they are to be designated.
§2 No one is to
be designated supreme Moderator unless definitively incorporated into the
institute.
§3 Those
entrusted with the governance of the institute are to ensure that its unity of
spirit is maintained, and that the active participation of the members is
developed.
Can. 718 The
administration of the goods of the institute must express and foster
evangelical poverty. It is governed by the norms of Book V on ‘The Temporal
Goods of the Church’, and by the institute’s own law. This same law of the
institute is also to define the obligations, especially the financial
obligations, of the institute towards the members engaged in its work.
Can. 719 §1
Members are to respond faithfully to their vocation, and their apostolic action
is to proceed from their union with Christ. They are therefore to devote
themselves assiduously to prayer and engage in a suitable way in the reading of
the sacred Scriptures. They are to make an annual retreat and perform other
spiritual exercises in accordance with their own law.
§2 The
celebration of the Eucharist, daily where possible, is to be the source and
strength of their whole consecrated life.
§3 They are to go
freely to the sacrament of penance and receive it frequently.
§4 They are to be
free to obtain the necessary spiritual direction. Should they so desire, they
may seek such counsel even from their Moderators.
Can. 720 The
right of admitting a person to the institute, or to probation, or to the taking
of sacred bonds, both temporary and perpetual or definitive, belongs to the
major Moderators with their council, in accordance with the constitutions.
Can. 721 §1 The
following are invalidly admitted to initial probation:
1° one who has
not yet attained majority;
2° one who is
currently bound by a sacred bond in another institute of consecrated life, or
incorporated in a society of apostolic life;
3° a spouse,
while the marriage lasts.
§2 The
constitutions can establish other impediments to admission, even for validity,
or attach conditions to it.
§3 For a person
to be received into the institute, that degree of maturity is required which is
necessary to live the life of the institute properly.
Can. 722 §1 The
initial probation is to be so arranged that the candidates can better recognise
their divine vocation and their vocation to that institute, and be trained in
the spirit and manner of life of the institute.
§2 Candidates are
to be properly formed to live a life according to the evangelical counsels.
They are to be taught how to translate this life completely into their
apostolate, applying those forms of evangelisation which best correspond to the
purpose, spirit and character of the institute.
§3 The
constitutions are to define the manner and time of the probation to be made
before the first sacred bonds are undertaken in the institute; this time is to
be not less than two years.
Can. 723 §1 When
the time of the initial probation has been completed, a candidate who is judged
suitable is either to undertake the three evangelical counsels, sealed with a
sacred bond, or to leave the institute.
§2 This first
incorporation is to be temporary, in accordance with the constitutions, but is
to be for not less than five years.
§3 When this
period of incorporation has been completed, a member who is judged suitable is
to be admitted to perpetual, or definitive incorporation, that is, by temporary
bonds always to be renewed.
§4 Definitive
incorporation is equivalent to perpetual incorporation in respect of defined
juridical effects, which are to be established in the constitutions.
Can. 724 §1 After
the first acceptance of the sacred bonds, formation is to continue without
interruption in accordance with the constitutions.
§2 Members are to
be formed simultaneously in matters human and divine. The Moderators of the
institute are to have a serious concern for the continued spiritual formation
of the members.
Can. 725 The
institute can associate with itself, by some form of bond determined in the
constitutions, other members of Christ’s faithful who seek evangelical
perfection according to the spirit of the institute and who share in its
mission.
Can. 726 §1 When
the time of temporary incorporation is completed, the member can freely leave
the institute, or can for a just cause be excluded from renewing the sacred
bonds by the major Moderator, after consultation with his or her council.
§2 A temporarily
incorporated member who freely requests it, can for a grave reason be granted
an indult to leave the institute by the supreme Moderator, with the consent of
the council.
Can. 727 §1 A
perpetually incorporated member who wishes to leave the institute must, after
seriously weighing the matter before the Lord, petition the Apostolic See
through the supreme Moderator, if the institute is of pontifical right;
otherwise, the indult can also be obtained from the diocesan Bishop, as
determined in the constitutions.
§2 For a cleric
who is incardinated in the institute, the provision of can. 693 is to be
observed.
Can. 728 When an
indult to leave the institute has been lawfully granted, all bonds, rights and
obligations deriving from incorporation cease.
Can. 729 A member
is dismissed from the institute in accordance with the norms of cann. 694 and
695. The constitutions are also to determine other reasons for dismissal,
provided they are proportionately grave, external, imputable and juridically
proven. The procedure established in cann. 697‑700 is to be observed, and
the provisions of can. 701 apply to the person who is dismissed.
Can. 730 For a
member to transfer from one secular institute to another, the provisions of
can. 684 §§1, 2, 4 and 685, are to be observed. A transfer to or from another
kind of institute of consecrated life requires the permission of the Apostolic
See, whose instructions must be followed.
Can. 731 §1
Societies of apostolic life resemble institutes of consecrated life. Their
members, without taking religious vows, pursue the apostolic purpose proper to
each society. Living a fraternal life in common in their own special manner,
they strive for the perfection of charity through the observance of the
constitutions.
§2 Among these
societies are some in which the members, through a bond defined in the
constitutions, undertake to live the evangelical counsels.
Can. 732 Cann.
578‑597 and 606 apply to societies of apostolic life, with due regard,
however, for the nature of each society. For the societies mentioned in can.
731 §2, cann. 598‑602 also apply.
Can. 733 §1 A
house is established and a local community is constituted by the competent
authority of the society, with the prior written consent of the diocesan
Bishop. The Bishop must also be consulted when there is question of its
suppression.
§2 Consent to
establish a house carries with it the right to have at least an oratory in
which the blessed Eucharist is celebrated and reserved.
Can. 734 The
governance of the society is determined by the constitutions, without
prejudice, in accordance with the nature of each society, to cann. 617‑‑633.
Can. 735 §1 The
admission, probation, incorporation and formation of members are determined by
each society’s own law.
§2 For admission
into the society, the conditions prescribed in cann. 642‑645 are to be
observed.
§3 The society’s
own law must determine a programme of doctrinal, spiritual and apostolic
probation and formation that is adapted to the purpose and character of the
society. In this way members can recognise their divine vocation and be
suitably prepared for the mission and way of life of the society.
Can. 736 §1 In
clerical societies, the clerics are incardinated into the society, unless the
constitutions determine otherwise.
§2 The norms
concerning the secular clergy apply to the programme of studies and reception
of orders, without prejudice to §1.
Can. 737 For the
members, incorporation carries with it the rights and obligations defined in
the constitutions. On the part of the society, it implies a responsibility to
lead the members towards the purpose of their vocation, in accordance with the
constitutions.
Can. 738 §1 All
members are subject to their own Moderators in matters concerning the internal
life and discipline of the society, in accordance with the constitutions.
§2 They are also
subject to the diocesan Bishop in matters concerning public worship, the care
of souls and other works of the apostolate, with due regard to cann. 679‑683.
§3 The
relationship between a member who is incardinated in a diocese and his proper
Bishop is to be defined in the constitutions or in particular agreements.
Can. 739 Apart
from the obligations which derive from their constitutions, members are bound
by the common obligations of clerics, unless the nature of things or the
context indicates otherwise.
Can. 740 Members
must live in a lawfully constituted house or community and observe a common
life, in accordance with their own law. This same law also governs their
absence from the house or community.
Can. 741 §1
Societies and, unless the constitutions provide otherwise, their constituent
parts and their houses, are juridical persons. As such, they are capable of
acquiring, possessing, administering and alienating temporal goods in
accordance with the provisions of Book V on ‘The Temporal Goods of the Church’,
of cann. 636, 638 and 639, and of their own law.
§2 Members are
also capable, in accordance with their own law, of acquiring, possessing,
administering and disposing of temporal goods, but whatever comes to them in
view of the society is acquired for the society.
Can. 742 The
departure and dismissal of a member who is not definitively incorporated are
governed by the constitutions of each society.
Can. 743 A member
who is definitively incorporated can obtain an indult to leave the society from
the supreme Moderator with the consent of the council, unless the constitutions
reserve this to the Apostolic See. This indult means that the rights and obligations
deriving from definitive incorporation cease, without prejudice to can. 693.
Can. 744 §1
Permission for a member who is definitively incorporated to transfer to another
society of apostolic life is likewise reserved to the supreme Moderator with
the consent of his or her council. The rights and obligations of the member’s
own society are suspended for the time being, but the member has the right to
return to it before definitive incorporation into the new society.
§2 To transfer to
an institute of consecrated life or from such an institute to a society of
apostolic life, the permission of the Holy See is required, and its
instructions are to be followed.
Can. 745 The
supreme Moderator, with the consent of his or her council, can grant a
definitively incorporated member an indult to live outside the society for a
period not exceeding three years. Rights and obligations which are not
compatible with this new condition are suspended, but the member remains under
the care of the Moderators. If the member is a cleric, the consent of the
Ordinary of the place where he must reside is also required, and the member
remains under the care of the Ordinary and dependent upon him.
Can. 746 For the
dismissal of a member who is definitively incorporated, the provisions of cann.
694‑704 are to be observed, making the appropriate adjustments.
Can. 747 §1 It is
the obligation and inherent right of the Church, independent of any human
authority, to preach the Gospel to all peoples, using for this purpose even its
own means of social communication, for it is to the Church that Christ the Lord
entrusted the deposit of faith, so that by the assistance of the Holy Spirit,
it might conscientiously guard revealed truth, more intimately penetrate it,
and faithfully proclaim and expound it.
§2 The Church has
the right always and everywhere to proclaim moral principles, even in respect
of the social order, and to make judgements about any human matter in so far as
this is required by fundamental human rights or the salvation of souls.
Can. 748 §1 All
are bound to seek the truth in the matters which concern God and his Church;
when they have found it, then by divine law they are bound, and they have the
right, to embrace and keep it.
§2 It is never
lawful for anyone to force others to embrace the catholic faith against their
conscience.
Can. 749 §1 In
virtue of his office the Supreme Pontiff is infallible in his teaching when, as
chief Shepherd and Teacher of all Christ’s faithful, with the duty of
strengthening his brethren in the faith, he proclaims by definitive act a
doctrine to be held concerning faith or morals.
§2 The College of
Bishops also possesses infallibility in its teaching when the Bishops, gathered
together in an Ecumenical Council and exercising their magisterium as teachers
and judges of faith and morals, definitively declare for the universal Church a
doctrine to be held concerning faith or morals; likewise, when the Bishops,
dispersed throughout the world but maintaining the bond of union among
themselves and with the successor of Peter, together with the same Roman
Pontiff authentically teach matters of faith or morals, and are agreed that a
particular teaching is definitively to be held.
§3 No doctrine is
understood to be infallibly defined unless this is manifestly demonstrated.
Can. 750 Those
things are to be believed by divine and catholic faith which are contained in
the word of God as it has been written or handed down by tradition, that is, in
the single deposit of faith entrusted to the Church, and which are at the same
time proposed as divinely revealed either by the solemn magisterium of the
Church, or by its ordinary and universal magisterium, which is manifested by
the common adherence of Christ’s faithful under the guidance of the sacred
magisterium. All are therefore bound to shun any contrary doctrines.
Can. 751 Heresy
is the obstinate denial or doubt, after baptism, of a truth which must be
believed by divine and catholic faith. Apostasy is the total repudiation of the
christian faith. Schism is the withdrawal of submission to the Supreme Pontiff
or from communion with the members of the Church subject to him.
Can. 752 While
the assent of faith is not required, a religious submission of intellect and
will is to be given to any doctrine which either the Supreme Pontiff or the
College of Bishops, exercising their authentic magisterium, declare upon a
matter of faith or morals, even though they do not intend to proclaim that
doctrine by definitive act. Christ’s faithful are therefore to ensure that they
avoid whatever does not accord with that doctrine.
Can. 753 Whether
they teach individually, or in Episcopal Conferences, or gathered together in
particular councils, Bishops in communion with the head and the members of the
College, while not infallible in their teaching, are the authentic instructors
and teachers of the faith for Christ’s faithful entrusted to their care. The
faithful are bound to adhere, with a religious submission of mind, to this
authentic magisterium of their Bishops.
Can. 754 All
Christ’s faithful are obliged to observe the constitutions and decrees which
lawful ecclesiastical authority issues for the purpose of proposing doctrine or
of proscribing erroneous opinions; this is particularly the case of those
published by the Roman Pontiff or by the College of Bishops.
Can. 755 §1 It
pertains especially to the entire College of Bishops and to the Apostolic See
to foster and direct among catholics the ecumenical movement, the purpose of
which is the restoration of unity between all christians which, by the will of
Christ, the Church is bound to promote.
§2 It is a matter
likewise for Bishops and, in accordance with the law, for Episcopal
Conferences, to promote this same unity and, in line with the various needs and
opportunities of the circumstances, to issue practical norms which accord with
the provisions laid down by the supreme authority of the Church.
Can. 756 §1 The
office of preaching the Gospel to the whole Church has been committed
principally to the Roman Pontiff and to the College of Bishops.
§2 For the particular
Churches entrusted to them, that office is exercised by the individual Bishops,
who are the moderators of the entire ministry of the word in their Churches.
Sometimes, however, in accordance with the law, a number of Bishops
simultaneously carry out that office together in respect of a number of
different Churches.
Can. 757 It
belongs to priests, as co‑operators of the Bishops, to proclaim the
Gospel of God. For the people entrusted to their care, this task rests
especially on parish priests, and on other priests entrusted with the care of
souls. Deacons also are to serve the people of God in the ministry of the word,
in union with the Bishop and his presbyterium.
Can. 758 By
reason of their consecration to God, members of institutes of consecrated life
bear particular witness to the Gospel, and so are fittingly called upon by the
Bishop to help in proclaiming the Gospel.
Can. 759 The lay
members of Christ’s faithful, by reason of their baptism and confirmation, are
witnesses to the good news of the Gospel, by their words and by the example of
their christian life. They can also be called upon to cooperate with Bishops
and priests in the exercise of the ministry of the word.
Can. 760 The
mystery of Christ is to be faithfully and fully presented in the ministry of
the word, which must be founded upon sacred Scripture, Tradition, liturgy and
the magisterium and life of the Church.
Can. 761 While
pride of place must always be given to preaching and catechetical instruction,
all the available means of proclaiming christian doctrine are to be used: the
exposition of doctrine in schools, in institutes of higher learning, at
conferences and meetings of all kinds; public declarations by lawful authority
on the occasion of certain events; the printed word and other means of social
communication.
Can. 762 The
people of God are first united through the word of the living God, and are
fully entitled to seek this word from their priests. For this reason sacred
ministers are to consider the office of preaching as of great importance, since
proclaiming the Gospel of God to all is among their principal duties.
Can. 763 Bishops
have the right to preach the word of God everywhere, even in churches and
oratories of religious institutes of pontifical right, unless the local Bishop
has expressly forbidden it in particular cases.
Can. 764 Without
prejudice to the provisions of can. 765, priests and deacons, with the at least
presumed consent of the rector of a church, have the faculty to preach
everywhere, unless this faculty has been restricted or removed by the competent
Ordinary, or unless particular law requires express permission.
Can. 765 To
preach to religious in their churches or oratories, permission is required of
the Superior who is competent according to their constitutions.
Can. 766 The
laity may be allowed to preach in a church or oratory if in certain
circumstances it is necessary, or in particular cases it would be advantageous,
according to the provisions of the Episcopal Conference and without prejudice
to can. 767 §1.
Can. 767 §1 The
most important form of preaching is the homily, which is part of the liturgy,
and is reserved to a priest or deacon. In the course of the liturgical year,
the mysteries of faith and the rules of christian living are to be expounded in
the homily from the sacred text.
§2 At all Masses
on Sundays and holydays of obligation, celebrated with a congregation, there is
to be a homily and, except for a grave reason, this may not be omitted.
§3 It is strongly
recommended that, if a sufficient number of people are present, there be a
homily at weekday Masses also, especially during Advent and Lent, or on a feast
day or an occasion of grief.
§4 It is the
responsibility of the parish priest or the rector of a church to ensure that
these provisions are carefully observed.
Can. 768 §1 Those
who announce the word of God to Christ’s faithful are first and foremost to set
out those things which it is necessary to believe and to practise for the glory
of God and the salvation of all.
§2 They are also
to explain to the faithful the teaching of the magisterium of the Church
concerning the dignity and freedom of the human person; the unity, stability
and duties of the family; people’s social obligations and the ordering of
temporal affairs according to the plan established by God.
Can. 769
Christian teaching is to be explained in a manner that is suited to the
condition of the hearers and adapted to the circumstances of the times.
Can. 770 At
certain times, according to the regulations of the diocesan Bishop, parish
priests are to arrange for sermons in the form of retreats and missions, as
they are called, or in other forms adapted to requirements.
Can. 771 §1
Pastors of souls, especially Bishops and parish priests, are to be solicitous
that the word of God is preached to those also of the faithful who, because of
the circumstances of their lives, cannot sufficiently avail themselves of the
ordinary pastoral care or are even totally deprived of it.
§2 They are also
to take care that the good news of the Gospel reaches those living in their
territory who are non‑believers, since these too, no less than the
faithful, must be included in the care of souls.
Can. 772 §1 In
the exercise of the office of preaching, everyone is moreover to observe the
norms laid down by the Bishop of the diocese.
§2 In expounding
christian teaching on radio or television, the provisions of the Episcopal
Conference are to be observed.
Can. 773 It is
pastors of souls especially who have the serious duty of attending to the
catechesis of the christian people, so that, through doctrinal formation and
the experience of the christian life, the living faith of the people may be
manifest and active.
Can. 774 §1 The
care for catechesis, under the direction of lawful ecclesiastical authority,
extends to all members of the Church, to each according to his or her role.
§2 Before all
others, parents are bound to form their children, by word and example, in faith
and in christian living. The same obligation binds godparents and those who
take the place of parents.
Can. 775 §1 While
observing provisions made by the Apostolic See it is the responsibility of
diocesan Bishops to issue norms concerning catechetical matters; to ensure that
appropriate means of catechesis are available, even by preparing a catechism,
if this seems opportune; to foster and to coordinate catechetical initiatives.
§2 If it is
thought to be useful, the Episcopal Conference may, with the prior approval of
the Apostolic See, publish catechisms for its territory.
§3 The Episcopal
Conference may establish a catechetical office, whose principal purpose is to
assist individual dioceses in catechetical matters.
Can. 776 By
virtue of his office, the parish priest is bound to ensure the catechetical
formation of adults, young people and children. To this end, he is to avail
himself of the help of clerics attached to the parish, as well as of members of
institutes of consecrated life and of societies of apostolic life, being
mindful of the character of each institute; and the assistance of lay members
of Christ’s faithful, especially catechists. All of these, unless they are
lawfully impeded, are not to refuse to give their labours willingly. The parish
priest is also to promote and to foster the role of parents in the family
catechesis mentioned in can. 774, §2.
Can. 777 In a
special way, the parish priest is to ensure, in accordance with the norms laid
down by the diocesan Bishop, that:
1° an adequate
catechesis is given for the celebration of the sacraments;
2° children are
properly prepared for first confession and first holy communion, and for the
sacrament of confirmation, by means of catechetical formation over an
appropriate period of time;
3° children,
after they have made their first holy communion, are given a richer and deeper
catechetical formation;
4° as far as
their condition allows, catechetical formation is given to the mentally and
physically handicapped;
5° the faith of
young people and of adults is strengthened, enlightened and developed by
various catechetical methods and initiatives .
Can. 778
Religious Superiors and Superiors of societies of apostolic life are to ensure
that catechetical formation is diligently given in their churches and schools,
and in other works in any way entrusted to their care.
Can. 779
Catechetical formation is to be given by employing all those aids, educational
resources and means of communication which seem the more effective in securing
that the faithful, according to their character capability, age and
circumstances of life, may be more fully steeped in catholic teaching and
prepared to put it into practice.
Can. 780 Local
Ordinaries are to ensure that catechists are duly trained to carry out their
office properly, namely, that continuing formation is available to them, that
they have an appropriate knowledge of the teaching of the Church, and that they
learn both the theory and the practice of the principles of pedagogy.
Can. 781 Because
the whole Church is of its nature missionary and the work of evangelisation is
to be considered a fundamental duty of the people of God, all Christ’s faithful
must be conscious of the responsibility to play their part in missionary activity.
Can. 782 §1 The
Roman Pontiff and the College of Bishops have the responsibility for the
overall direction and coordination of the initiatives and activities which
concern missionary work and cooperation.
§2 As the sponsors
of the universal Church and of all the Churches, all Bishops are to have a
special solicitude for missionary activity, especially by arousing, fostering
and sustaining missionary initiatives in their own particular Churches.
Can. 783 Members
of institutes of consecrated life, because of the dedication to the service of
the Church deriving from their very consecration, have an obligation to play a
zealous and special part in missionary activity, in a manner appropriate to their
institute.
Can. 784
Missionaries, that is, those who have been sent by the competent ecclesiastical
authority to engage in missionary activity, may be chosen from the indigenous
population or from others, be they secular clergy, or members of institutes of
consecrated life or of a society of apostolic life, or other lay members of
Christ’s faithful.
Can. 785 §1
Catechists are to be given a role in missionary work. These are lay members of
Christ’s faithful who have received proper formation and are outstanding in
their living of the christian life. Under the direction of missionaries, they
are to present the Gospel teaching and engage in liturgical worship and in
works of charity.
§2 Catechists are
to receive their formation in schools founded for this purpose. If there are no
such schools, they are to be formed under the direction of the missionaries.
Can. 786
Missionary activity properly so called, whereby the Church is founded amongst
peoples or groups where it has not taken root before, is performed principally
by the Church sending heralds of the Gospel, until such time as the new
Churches are fully constituted, that is, have their own resources and
sufficient means, so that they themselves can carry on the work of
evangelisation.
Can. 787 §1 By
the testimony of their words and of their lives, missionaries are to establish
a sincere dialogue with those who do not believe in Christ, so that, taking
their native character and culture into account, ways may be opened up by which
they can be led to know the good news of the Gospel.
§2 Missionaries
are to ensure that they teach the truths of the faith to those whom they judge
to be ready to receive the good news of the Gospel, so that, if they freely
request it, they may be admitted to the reception of baptism.
Can. 788 §1 Those
who have expressed the wish to embrace faith in Christ, and who have completed
the period of their preliminary catechumenate, are to be admitted to the
catechumenate proper in a liturgical ceremony; and their names are to be
inscribed in the book which is kept for this purpose.
§2 By formation
and their first steps in christian living, catechumens are to be initiated into
the mysteries of salvation, and introduced into the life of faith, liturgy and
charity of the people of God, as well as into the apostolate.
§3 It is the
responsibility of the Episcopal Conference to establish norms concerning the
arrangement of the catechumenate, determining what should be done by
catechumens and what should be their prerogatives.
Can. 789 By means
of appropriate formation, neophytes are to be led to a deeper knowledge of the
Gospel truths, and to the fulfilment of the duties undertaken in baptism. They
are also to be imbued with a sincere love of Christ and his Church.
Can. 790 §1 In
mission territories, it is the responsibility of the diocesan Bishop:
1° to promote,
regulate and coordinate both new initiatives and established works concerning
missionary activity;
2° to ensure that
there are proper agreements with the Moderators of those institutes which
dedicate themselves to missionary activities, and that relationships with them
are for the good of the mission.
§2 The provisions
made by the diocesan Bishop in accordance with §1, n. 1 are binding on all
missionaries, including religious and their helpers residing in his territory.
Can. 791 In order
to foster missionary cooperation, in each diocese:
1° vocations to
the mission are to be promoted;
2° a priest is to
be appointed to promote missionary initiatives, especially the ‘Pontifical
Missionary Works’;
3° a day for the
missions is to be celebrated annually;
4° each year an
appropriate financial contribution for the missions is to be sent to the Holy
See.
Can. 792 The
Episcopal Conference is to establish and promote means by which those who come
to their territory from the missions, for the purpose of work or study, are to
be given a fraternal welcome and helped with suitable pastoral care.
Can. 793 §1
Parents, and those who take their place, have both the obligation and the right
to educate their children. Catholic parents have also the duty and the right to
choose those means and institutes which, in their local circumstances, can best
promote the catholic education of their children.
§2 Parents have
moreover the right to avail themselves of that assistance from civil society
which they need to provide a catholic education for their children.
Can. 794 §1 The
Church has in a special way the duty and the right of educating, for it has a
divine mission of helping all to arrive at the fullness of christian life.
§2 Pastors of
souls have the duty of making all possible arrangements so that all the
faithful may avail themselves of a catholic education.
Can. 795
Education must pay regard to the formation of the whole person, so that all may
attain their eternal destiny and at the same time promote the common good of
society. Children and young persons are therefore to be cared for in such a way
that their physical, moral and intellectual talents may develop in a harmonious
manner, so that they may attain a greater sense of responsibility and a right
use of freedom, and be formed to take an active part in social life.
Can. 796 §1 Among
the means of advancing education, Christ’s faithful are to consider schools as
of great importance, since they are the principal means of helping parents to
fulfil their role in education.
§2 There must be
the closest cooperation between parents and the teachers to whom they entrust
their children to be educated. In fulfilling their task, teachers are to
collaborate closely with the parents and willingly listen to them; associations
and meetings of parents are to be set up and held in high esteem.
Can. 797 Parents
must have a real freedom in their choice of schools. For this reason Christ’s
faithful must be watchful that the civil society acknowledges this freedom of
parents and, in accordance with the requirements of distributive justice, even
provides them with assistance.
Can. 798 Parents
are to send their children to those schools which will provide for their
catholic education. If they cannot do this, they are bound to ensure the proper
catholic education of their children outside the school.
Can. 799 Christ’s
faithful are to strive to secure that in the civil society the laws which
regulate the formation of the young, also provide a religious and moral
education in the schools that is in accord with the conscience of the parents.
Can. 800 §1 The
Church has the right to establish and to direct schools for any field of study
or of any kind and grade.
§2 Christ’s
faithful are to promote catholic schools, doing everything possible to help in
establishing and maintaining them.
Can. 801
Religious institutes which have education as their mission are to keep
faithfully to this mission and earnestly strive to devote themselves to
catholic education, providing this also through their own schools which, with
the consent of the diocesan Bishop, they have established.
Can. 802 §1 If
there are no schools in which an education is provided that is imbued with a
christian spirit, the diocesan Bishop has the responsibility of ensuring that
such schools are established.
§2 Where it is
suitable, the diocesan Bishop is to provide for the establishment of
professional and technical schools, and of other schools catering for special
needs.
Can. 803 §1 A
catholic school is understood to be one which is under the control of the
competent ecclesiastical authority or of a public ecclesiastical juridical
person, or one which in a written document is acknowledged as catholic by the
ecclesiastical authority.
§2 Formation and
education in a catholic school must be based on the principles of catholic
doctrine, and the teachers must be outstanding in true doctrine and uprightness
of life.
§3 No school,
even if it is in fact catholic, may bear the title ‘catholic school’ except by
the consent of the competent ecclesiastical authority.
Can. 804 §1 The
formation and education in the catholic religion provided in any school, and
through various means of social communication is subject to the authority of
the Church. It is for the Episcopal Conference to issue general norms
concerning this field of activity and for the diocesan Bishop to regulate and
watch over it.
§2 The local
Ordinary is to be careful that those who are appointed as teachers of religion
in schools, even non‑catholic ones, are outstanding in true doctrine, in
the witness of their christian life, and in their teaching ability.
Can. 805 In his
own diocese, the local Ordinary has the right to appoint or to approve teachers
of religion and, if religious or moral considerations require it, the right to
remove them or to demand that they be removed.
Can. 806 §1 The
diocesan Bishop has the right to watch over and inspect the catholic schools
situated in his territory, even those established or directed by members of
religious institutes. He has also the right to issue directives concerning the
general regulation of catholic schools these directives apply also to schools
conducted by members of a religious institute, although they retain their
autonomy in the internal management of their schools.
§2 Those who are
in charge of catholic schools are to ensure, under the supervision of the local
Ordinary, that the formation given in them is, in its academic standards, at
least as outstanding as that in other schools in the area.
Can. 807 The
Church has the right to establish and to govern universi-ties, which serve to
promote the deeper culture and fuller development of the human person, and to
complement the Church’s own teaching office.
Can. 808 No
university, even if it is in fact catholic, may bear the title ‘catholic
university’ except by the consent of the competent ecclesiastical authority.
Can. 809 If it is
possible and appropriate, Episcopal Conferences are to take care to have within
their territories suitably located universities or at least faculties, in which
the various disciplines, while retaining their own scientific autonomy, may be
researched and taught in the light of catholic doctrine.
Can. 810 §1 In
catholic universities it is the duty of the competent statutory authority to
ensure that there be appointed teachers who are not only qualified in
scientific and pedagogical expertise, but are also outstanding in their
integrity of doctrine and uprightness of life. If these requirements are found
to be lacking, it is also that authority’s duty to see to it that these
teachers are removed from office, in accordance with the procedure determined
in the statutes.
§2 The Episcopal
Conference and the diocesan Bishops concerned have the duty and the right of
seeing to it that, in these universities, the principles of catholic doctrine
are faithfully observed.
Can. 811 §1 The
competent ecclesiastical authority is to ensure that in catholic universities
there is established a faculty or an institute or at least a chair of theology,
in which lectures are given to lay students also.
§2 In every
catholic university there are to be lectures which principally treat of those
theological questions connected with the studies of each faculty.
Can. 812 Those
who teach theological subjects in any institute of higher studies must have a
mandate from the competent ecclesiastical authority.
Can. 813 The
diocesan Bishop is to be zealous in his pastoral care of students, even by the
creation of a special parish, or at least by appointing priests with a stable
assignment to this care. In all universities, even in those which are not catholic,
the diocesan Bishop is to provide catholic university centres, to be of
assistance to the young people, especially in spiritual matters.
Can. 814 The
provisions which are laid down for universities apply equally to other
institutes of higher studies.
Can. 815 By
virtue of its office to announce revealed truth, it belongs to the Church to
have its own ecclesiastical universities and faculties to study the sacred
sciences and subjects related to them, and to teach these disciplines to
students in a scientific manner.
Can. 816 §1
Ecclesiastical universities and faculties may be constituted only by the
Apostolic See or with its approval. Their overall direction also belongs to the
Apostolic See.
§2 Each
ecclesiastical university and faculty must have its own statutes and program of
studies, approved by the Apostolic See.
Can. 817 Only a
university or a faculty established or approved by the Apostolic See may confer
academic degrees which have canonical effects in the Church.
Can. 818 The
provisions of cann. 810,812 and 813 concerning catholic universities apply also
to ecclesiastical universities and faculties.
Can. 819 In so
far as the good of a diocese or religious institute or indeed even of the
universal Church requires it, young persons, clerics and members of institutes,
outstanding in character, intelligence and virtue, must be sent to
ecclesiastical universities or faculties by their diocesan Bishops or the
Superiors of their institutes.
Can. 820
Moderators and professors of ecclesiastical universities and faculties are to
ensure that the various faculties of the university cooperate with each other,
to the extent that their aims permit. They are also to ensure that between
their own university or faculty and other universities and faculties, even non‑ecclesiastical
ones, there be a mutual cooperation in which, through conferences, coordinated
scientific research and other means, they work together for the greater
increase of scientific knowledge.
Can. 821 Where it
is possible, the Episcopal Conference and the diocesan Bishop are to provide
for the establishment of institutes for higher religious studies, in which are
taught theological and other subjects pertaining to christian culture.
Can. 822 §1 In
exercising their office the pastors of the Church, availing themselves of a
right which belongs to the Church, are to make an ample use of the means of
social communication.
§2 Pastors are
also to teach the faithful that they have the duty of working together so that
the use of the means of social communication may be imbued with a human and
christian spirit.
§3 All Christ’s
faithful, especially those who in any way take part in the management or use of
the media, are to be diligent in assisting pastoral action, so that the Church
can more effectively exercise its office through these means.
Can. 823 §1 In
order to safeguard the integrity of faith and morals, pastors of the Church
have the duty and the right to ensure that in writings or in the use of the
means of social communication there should be no ill effect on the faith and
morals of Christ’s faithful. They also have the duty and the right to demand
that where writings of the faithful touch upon matters of faith and morals,
these be submitted to their judgement. Moreover, they have the duty and the
right to condemn writings which harm true faith or good morals.
§2 For Christ’s
faithful entrusted to their care, the duty and the right mentioned in §1 belong
to the Bishops, both as individuals and in particular councils or Episcopal
Conferences; for the whole people of God, they belong to the supreme authority
in the Church.
Can. 824 §1
Unless it is otherwise provided, the local Ordinary whose permission or
approval for publishing a book is to be sought according to the canons of this
title, is the author’s proper local Ordinary, or the Ordinary of the place in
which the book is published.
§2 Unless the
contrary is clear, what is said in the canons of this title about books,
applies also to any writings intended for publication.
Can. 825 §1 Books
of the sacred Scriptures may not be published unless they are approved by the
Apostolic See or the Episcopal Conference. The publication of translations of
the sacred Scriptures requires the approval of the same authority, and they
must have necessary and sufficient explanatory notes.
§2 With the
permission of the Episcopal Conference, catholic members of Christ’s faithful,
in cooperation with separated brethren, may prepare and publish versions of the
Scriptures, with appropriate explanatory notes.
Can. 826 §1 For
liturgical books, the provisions of can. 838 are to be observed.
§2 To republish
liturgical books or to publish translations of all or part of them, it must be
established, by an attestation of the Ordinary of the place in which they are
published, that they accord with an approved edition.
§3 Prayer books,
for either the public or the private use of the faithful, are not to be
published except by permission of the local Ordinary.
Can. 827 §1
Without prejudice to the provisions of can. 775 §2, the publication of
catechisms and other writings pertaining to catechetical formation, as well as
their translations, requires the approval of the local Ordinary.
§2 Books dealing
with matters concerning sacred Scripture, theology, canon law, church history,
or religious or moral subjects may not be used as textbooks on which the
instruction is based, in elementary, intermediate or higher schools, unless
they were published with the approbation of the competent ecclesiastical
authority or were subsequently approved by that authority.
§3 It is
recommended that books dealing with the subjects mentioned in §2, even though
not used as basic textbooks, and any writings which specially concern religion
or good morals, be submitted to the judgement of the local Ordinary.
§4 Books or other
written material dealing with religion or morals may not be displayed, sold or
given away in churches or oratories, unless they were published with the
permission of the competent ecclesiastical authority or were subsequently
approved by that authority.
Can. 828
Collections of decrees or acts published by any ecclesiastical authority may
not be republished without first seeking the permission of the same authority
and observing the conditions which it lays down.
Can. 829 Approval
or permission to publish a work is valid only for the first edition, but not
for new editions or translations.
Can. 830 §1 Every
local Ordinary retains the right to appoint persons whom he considers competent
to give a judgement about books. The Episcopal Conference, however, may draw up
a list of censors who are outstanding for their knowledge, right doctrine and
prudence, to be available to diocesan curias; it may even establish a
commission of censors whom the local Ordinary can consult.
§2 In carrying
out this task, a censor must put aside all preference of persons and look only
to the teaching of the Church concerning faith and morals, as declared by its
magisterium.
§3 The censor
must give an opinion in writing. If it is favourable, the Ordinary may, in his
prudent judgement, give his permission for the work to be published, adding his
own name and the date and place of the permission. If he does not give this
permission, the Ordinary must inform the author of the reasons for the refusal.
Can. 831 §1
Unless there is a just and reasonable cause, no member of Christ’s faithful may
write in newspapers, pamphlets or periodicals which clearly are accustomed to
attack the catholic religion or good morals. Clerics and members of religious
institutes may write in them only with the permission of the local Ordinary.
§2 It is for the
Episcopal Conference to lay down norms determining the requirements for clerics
and members of religious institutes to take part in radio and television
programmes which concern catholic doctrine or morals.
Can. 832 To
publish writings on matters of religion or morals, members of religious
institutes require also the permission of their major Superior, in accordance
with the constitutions.
Can. 833 The
following are personally bound to make a profession of faith, according to the
formula approved by the Apostolic See:
1° in the
presence of the president or his delegate: all who, with a deliberative or a
consultative vote, take part in an Ecumenical Council, a particular council,
the synod of Bishops, or a diocesan synod; in the presence of the council or
synod: the president himself ;
2° in accordance
with the statutes of the sacred College: those promoted to the dignity of
Cardinal;
3° in the
presence of a delegate of the Apostolic See: all who are promoted to the
episcopate, and all those who are equivalent to a diocesan Bishop;
4° in the
presence of the college of consultors: the diocesan Administrator;
5° in the
presence of the diocesan Bishop or his delegate: Vicars general, episcopal
Vicars and judicial Vicars;
6° in the
presence of the local Ordinary or his delegate: parish priests; the rector,
professors of theology and philosophy in seminaries, at the beginning of their
term of office; and those who are to be promoted to the order of diaconate;
7° in the
presence of the Chancellor or, in the absence of the Chancellor, the local
Ordinary, or the delegates of either: the rector of an ecclesiastical or
catholic university, at the beginning of the term of office‑ in the
presence of the rector if he is a priest, or of the local Ordinary or the
delegates of either: those who in any universities teach subjects which deal
with faith or morals, at the beginning of their term of office;
8° in accordance
with the constitutions: Superiors in religious institutes and clerical
societies of apostolic life.
Can. 834 §1 The
Church carries out its office of sanctifying in a special way in the sacred
liturgy, which is an exercise of the priestly office of Jesus Christ. In the
liturgy, by the use of signs perceptible to the senses, our sanctification is
symbolised and, in a manner appropriate to each sign, is brought about. Through
the liturgy a complete public worship is offered to God by the head and members
of the mystical body of Christ.
§2 This worship
takes place when it is offered in the name of the Church, by persons lawfully
deputed and through actions approved by ecclesiastical authority.
Can. 835 §1 The
sanctifying office is exercised principally by Bishops, who are the high
priests, the principal dispensers of the mysteries of God and the moderators,
promoters and guardians of the entire liturgical life in the Churches entrusted
to their care.
§2 This office is
also exercised by priests. They, too, share in the priesthood of Christ and, as
his ministers under the authority of the Bishop, are consecrated to celebrate
divine worship and to sanctify the people.
§3 Deacons have a
share in the celebration of divine worship in accordance with the provisions of
law.
§4 The other
members of Christ’s faithful have their own part in this sanctifying office,
each in his or her own way actively sharing in liturgical celebrations,
particlarly in the Eucharist. Parents have a special share in this office when
they live their married lives in a christian spirit and provide for the
christian education of their children.
Can. 836 Since
christian worship, in which the common priesthood of Christ’s faithful is
exercised, must proceed from and rest upon faith, sacred ministers are to
strive diligently to arouse and enlighten this faith, especially by the
ministry of the word by which faith is born and nourished.
Can. 837 §1
Liturgical actions are not private but are celebrations of the Church itself as
the ‘sacrament of unity’, that is, the holy people united and ordered under the
Bishops. Accordingly, they concern the whole body of the Church, making it
known and influencing it. They affect individual members of the Church in ways
that vary according to orders, role and actual participation.
§2 Since
liturgical matters by their very nature call for a community celebration, they
are, as far as possible, to be celebrated in the presence of Christ’s faithful
and with their active participation.
Can. 838 §1 The
ordering and guidance of the sacred liturgy depends solely upon the authority
of the Church, namely, that of the Apostolic See and, as provided by law, that
of the diocesan Bishop.
§2 It is the
prerogative of the Apostolic See to regulate the sacred liturgy of the
universal Church, to publish liturgical books and review their vernacular
translations, and to be watchful that liturgical regulations are everywhere
faithfully observed.
§3 It pertains to
Episcopal Conferences to prepare vernacular translations of liturgical books,
with appropriate adaptations as allowed by the books themselves and, with the
prior review of the Holy See, to publish these translations.
§4 Within the
limits of his competence, it belongs to the diocesan Bishop to lay down for the
Church entrusted to his care, liturgical regulations which are binding on all.
Can. 839 §1 The
Church carries out its sanctifying office by other means also, that is by
prayer, in which it asks God to make Christ’s faithful holy in the truth, and
by works of penance and charity, which play a large part in establishing and
strengthening in souls the Kingdom of Christ, and so contribute to the
salvation of the world.
§2 Local
Ordinaries are to ensure that the prayers and the pious and sacred practices of
the christian people are in full harmony with the laws of the Church.
Can. 840 The
sacraments of the New Testament were instituted by Christ the Lord and
entrusted to the Church. As actions of Christ and of the Church, they are signs
and means by which faith is expressed and strengthened, worship is offered to
God and our sanctification is brought about. Thus they contribute in the most
effective manner to establishing, strengthening and manifesting ecclesiastical
communion. Accordingly, in the celebration of the sacraments both the sacred
ministers and all the other members of Christ’s faithful must show great
reverence and due care.
Can. 841 Since
the sacraments are the same throughout the universal Church, and belong to the
divine deposit of faith, only the supreme authority in the Church can approve
or define what is needed for their validity. It belongs to the same authority,
or to another competent authority in accordance with can. 838 §§3 and 4, to
determine what is required for their lawful celebration, administration and
reception and for the order to be observed in their celebration.
Can. 842 §1 A
person who has not received baptism cannot validly be admitted to the other
sacraments.
§2 The sacraments
of baptism, confirmation and the blessed Eucharist so complement one another
that all three are required for full christian initiation.
Can. 843 §1
Sacred ministers may not deny the sacraments to those who opportunely ask for
them, are properly disposed and are not prohibited by law from receiving them.
§2 According to
their respective offices in the Church, both pastors of souls and all other
members of Christ’s faithful have a duty to ensure that those who ask for the
sacraments are prepared for their reception. This should be done through proper
evangelisation and catechetical instruction, in accordance with the norms laid
down by the competent authority.
Can. 844 §1
Catholic ministers may lawfully administer the sacraments only to catholic
members of Christ’s faithful, who equally may lawfully receive them only from
catholic ministers, except as provided in §§2, 3 and 4 of this canon and in
can. 861 §2.
§2 Whenever
necessity requires or a genuine spiritual advantage commends it, and provided
the danger of error or indifferentism is avoided, Christ’s faithful for whom it
is physically or morally impossible to approach a catholic minister, may
lawfully receive the sacraments of penance, the Eucharist and anointing of the
sick from non‑catholic ministers in whose Churches these sacraments are
valid.
§3 Catholic
ministers may lawfully administer the sacraments of penance, the Eucharist and
anointing of the sick to members of the eastern Churches not in full communion
with the catholic Church, if they spontaneously ask for them and are properly
disposed. The same applies to members of other Churches which the Apostolic See
judges to be in the same position as the aforesaid eastern Churches so far as
the sacraments are concerned.
§4 If there is a
danger of death or if, in the judgement of the diocesan Bishop or of the
Episcopal Conference, there is some other grave and pressing need, catholic
ministers may lawfully administer these same sacraments to other christians not
in full communion with the catholic Church, who cannot approach a minister of
their own community and who spontaneously ask for them, provided that they
demonstrate the catholic faith in respect of these sacraments and are properly
disposed.
§5 In respect of
the cases dealt with in §§2, 3 and 4, the diocesan Bishop or the Episcopal
Conference is not to issue general norms except after consultation with the
competent authority, at least at the local level, of the non‑catholic
Church or community concerned.
Can. 845 §1
Because they imprint a character, the sacraments of baptism, confirmation and
order cannot be repeated.
§2 If after
diligent enquiry a prudent doubt remains as to whether the sacraments mentioned
in §1 have been conferred at all, or conferred validly, they are to be
conferred conditionally.
Can. 846 §1 The
liturgical books, approved by the competent authority, are to be faithfully
followed in the celebration of the sacraments. Accordingly, no one may on a
personal initiative add to or omit or alter anything in those books.
§2 The ministers
are to celebrate the sacraments according to their own rite.
Can. 847 §1 In
administering sacraments in which holy oils are to be used, the minister must
use oil made from olives or other plants, which, except as provided in can.
999, n. 2, has recently been consecrated or blessed by a Bishop. Older oil is
not to be used except in a case of necessity.
§2 The parish
priest is to obtain the holy oils from his own Bishop and keep them carefully
in fitting custody.
Can. 848 For the
administration of the sacraments the minister may not ask for anything beyond
the offerings which are determined by the competent authority, and he must
always ensure that the needy are not deprived of the help of the sacraments by
reason of poverty.
Can. 849 Baptism,
the gateway to the sacraments, is necessary for salva-tion, either by actual
reception or at least by desire. By it people are freed from sins, are born
again as children of God and, made like to Christ by an indelible character,
are incorporated into the Church. It is validly conferred only by a washing in
real water with the proper form of words.
Can. 850 Baptism
is administered according to the rite prescribed in the approved liturgical
books, except in a case of urgent necessity when only those elements which are
required for the validity of the sacrament must be observed.
Can. 851 The
celebration of baptism should be properly prepared. Accordingly:
1° an adult who
intends to receive baptism is to be admitted to the catechumenate and, as far
as possible, brought through the various stages to sacramental initiation, in
accordance with the rite of initiation as adapted by the Episcopal Conference
and with the particular norms issued by it;
2° the parents of
a child who is to be baptised, and those who are to undertake the office of
sponsers, are to be suitably instructed on the meaning of this sacrament and
the obligations attaching to it. The parish priest is to see to it that either
he or others duly prepare the parents, by means of pastoral advice and indeed
by prayer together; a number of families might be brought together for this
purpose and, where possible, each family visited.
Can. 852 §1 The
provisions of the canons on adult baptism apply to all those who, being no
longer infants, have reached the use of reason.
§2 One who is
incapable of personal responsibility is regarded as an infant even in regard to
baptism.
Can. 853 Apart
from a case of necessity, the water to be used in conferring baptism is to be
blessed, in accordance with the provisions of the liturgical books.
Can. 854 Baptism
is to be conferred either by immersion or by pouring, in accordance with the
provisions of the Episcopal Conference.
Can. 855 Parents,
sponsors and parish priests are to take care that a name is not given which is
foreign to christian sentiment.
Can. 856 Though
baptism may be celebrated on any day, it is recommended that normally it be
celebrated on a Sunday or, if possible, on the vigil of Easter.
Can. 857 §1 Apart
from a case of necessity, the proper place for baptism is a church or an
oratory.
§2 As a rule and
unless a just reason suggests otherwise, an adult is to be baptised in his or
her proper parish church, and an infant in the proper parish church of the
parents.
Can. 858 §1 Each
parish church is to have a baptismal font, without prejudice to the same right
already acquired by other churches.
§2 The local
Ordinary, after consultation with the local parish priest, may for the
convenience of the faithful permit or order that a baptismal font be placed
also in another church or oratory within the parish.
Can. 859 If,
because of distance or other circumstances, the person to be baptised cannot
without grave inconvenience go or be brought to the parish church or the
oratory mentioned in can. 858 §2, baptism may and must be conferred in some
other church or oratory which is nearer, or even in some other fitting place.
Can. 860 §1 Apart
from a case of necessity, baptism is not to be conferred in private houses,
unless the local Ordinary should for a grave reason permit it.
§2 Unless the
diocesan Bishop has decreed otherwise, baptism is not to be conferred in
hospital, except in a case of necessity or for some other pressing pastoral
reason.
Can. 861 §1 The
ordinary minister of baptism is a Bishop, a priest or a deacon, without
prejudice to the provision of can. 530, n. 1.
§2 If the
ordinary minister is absent or impeded, a catechist or some other person
deputed to this office by the local Ordinary, may lawfully confer baptism;
indeed, in a case of necessity, any person who has the requisite intention may
do so. Pastors of souls, especially parish priests, are to be diligent in
ensuring that Christ’s faithful are taught the correct way to baptise.
Can. 862 Except
in a case of necessity, it is unlawful for anyone without due permission to
confer baptism outside his own territory, not even upon his own subjects.
Can. 863 The
baptism of adults, at least of those who have completed their fourteenth year,
is to be referred to the Bishop, so that he himself may confer it if he judges
this appropriate.
Can. 864 Every
unbaptised person, and only such a person, can be baptised.
Can. 865 §1 To be
admitted to baptism, an adult must have manifested the intention to receive
baptism, must be adequately instructed in the truths of the faith and in the
duties of a christian, and tested in the christian life over the course of the
catechumenate. The person must moreover be urged to have sorrow for personal
sins.
§2 An adult in
danger of death may be baptised if, with some knowledge of the principal truths
of the faith, he or she has in some manner manifested the intention to receive
baptism and promises to observe the requirements of the christian religion.
Can. 866 Unless
there is a grave reason to the contrary, immediately after receiving baptism an
adult is to be confirmed, to participate in the celebration of the Eucharist
and to receive holy communion.
Can. 867 §1
Parents are obliged to see that their infants are baptised within the first few
weeks. As soon as possible after the birth, indeed even before it, they are to
approach the parish priest to ask for the sacrament for their child, and to be
themselves duly prepared for it.
§2 If the infant
is in danger of death, it is to be baptised without any delay.
Can. 868 §1 For
an infant to be baptised lawfully it is required:
1° that the
parents, or at least one of them, or the person who lawfully holds their place,
give their consent;
2° that there be
a well‑founded hope that the child will be brought up in the catholic
religion. If such hope is truly lacking, the baptism is, in accordance with the
provisions of particular law, to be deferred and the parents advised of the
reason for this.
§2 An infant of
catholic parents, indeed even of non‑catholic parents, may in danger of
death be baptised even if the parents are opposed to it.
Can. 869 §1 If
there is doubt as to whether a person was baptised or whether a baptism was
conferred validly, and after serious enquiry this doubt persists, the person is
to be baptised conditionally.
§2 Those baptised
in a non‑catholic ecclesial community are not to be baptised
conditionally unless there is a serious reason for doubting the validity of
their baptism, on the ground of the matter or the form of words used in the
baptism, or of the intention of the adult being baptised or of that of the
baptising minister.
§3 If in the
cases mentioned in §§1 and 2 a doubt remains about the conferring of the
baptism or its validity, baptism is not to be conferred until the doctrine of
the sacrament of baptism is explained to the person to be baptised, if that
person is an adult. Moreover, the reasons for doubting the validity of the
earlier baptism should be given to the person or, where an infant is concerned,
to the parents.
Can. 870 An
abandoned infant or a foundling is to be baptised unless diligent enquiry
establishes that it has already been baptised.
Can. 871 Aborted
foetuses, if they are alive, are to be baptised, in so far as this is possible.
Can. 872 In so
far as possible, a person being baptised is to be assigned a sponsor. In the
case of an adult baptism, the sponsor’s role is to assist the person in
christian initiation. In the case of an infant baptism, the role is together
with the parents to present the child for baptism, and to help it to live a
christian life befitting the baptised and faithfully to fulfil the duties
inherent in baptism.
Can. 873 One
sponsor, male or female, is sufficient; but there may be two, one of each sex.
Can. 874 §1 To be
admitted to undertake the office of sponsor, a person must:
1° be appointed
by the candidate for baptism, or by the parents or whoever stands in their
place, or failing these, by the parish priest or the minister; to be appointed
the person must be suitable for this role and have the intention of fulfilling
it;
2° be not less
than sixteen years of age, unless a different age has been stipulated by the
diocesan Bishop, or unless the parish priest or the minister considers that
there is a just reason for an exception to be made;
3° be a catholic
who has been confirmed and has received the blessed Eucharist, and who lives a
life of faith which befits the role to be undertaken;
4° not labour
under a canonical penalty, whether imposed or declared;
5° not be either
the father or the mother of the person to be baptised.
§2 A baptised
person who belongs to a non‑catholic ecclesial community may be admitted
only in company with a catholic sponsor, and then simply as a witness to the
baptism.
Can. 875 Whoever
administers baptism is to take care that if there is not a sponsor present,
there is at least one witness who can prove that the baptism was conferred.
Can. 876 To prove
that baptism has been conferred, if there is no conflict of interest, it is
sufficient to have either one unexceptionable witness or, if the baptism was
conferred upon an adult, the sworn testimony of the baptised person.
Can. 877 §1 The
parish priest of the place in which the baptism was conferred must carefully
and without delay record in the register of baptism the names of the baptised,
the minister, the parents, the sponsors and, if there were such, the witnesses,
and the place and date of baptism. He must also enter the date and place of
birth.
§2 In the case of
a child of an unmarried mother, the mother’s name is to be entered if her
maternity is publicly known or if, either in writing or before two witnesses,
she freely asks that this be done. Similarly, the name of the father is to be
entered, if his paternity is established either by some public document or by
his own declaration in the presence of the parish priest and two witnesses. In
all other cases, the name of the baptised person is to be registered, without
any indication of the name of the father or of the parents.
§3 In the case of
an adopted child, the names of the adopting parents are to be registered and,
at least if this is done in the local civil registration, the names of the
natural parents in accordance with §§1 and 2 subject however to the rulings of
the Episcopal Conference.
Can. 878 If
baptism was administered neither by the parish priest nor in his presence, the
minister of baptism, whoever that was, must notify the parish priest of the
parish in which the baptism was administered, so that he may register the
baptism in accordance with can. 877 §1.
Can. 879 The
sacrament of confirmation confers a character. By it the baptised continue
their path of christian initiation. They are enriched with the gift of the Holy
Spirit, and are more closely linked to the Church. They are made strong and
more firmly obliged by word and deed to witness to Christ and to spread and
defend the faith.
Can. 880 §1 The
sacrament of confirmation is conferred by anointing with chrism on the forehead
in a laying on of hands, and by the words prescribed in the approved liturgical
books.
§2 The chrism to
be used in the sacrament of confirmation must have been consecrated by a
Bishop, even when the sacrament is administered by a priest.
Can. 881 It is
desirable that the sacrament of confirmation be celebrated in a church and
indeed during Mass. However, for a just and reasonable cause it may be
celebrated apart from Mass and in any fitting place.
Can. 882 The
ordinary minister of confirmation is a Bishop. A priest can also validly confer
this sacrament if he has the faculty to do so, either from the general law or
by way of a special grant from the competent authority.
Can. 883 The
following have, by law, the faculty to administer confirmation:
1° within the
confines of their jurisdiction, those who in law are equivalent to a diocesan Bishop;
2° in respect of
the person to be confirmed, the priest who by virtue of his office or by
mandate of the diocesan Bishop baptises an adult or admits a baptised adult
into full communion with the catholic Church;
3° in respect of
those in danger of death, the parish priest or indeed any priest.
Can. 884 §1 The
diocesan Bishop is himself to administer confirmation or to ensure that it is
administered by another Bishop. If necessity so requires, he may grant to one
or several specified priests the faculty to administer this sacrament.
§2 For a grave
reason the Bishop, or the priest who by law or by special grant of the
competent authority has the faculty to confirm, may in individual cases invite
other priests to join with him in administering the sacrament.
Can. 885 §1 The
diocesan Bishop is bound to ensure that the sacrament of confirmation is
conferred upon his subjects who duly and reasonably request it.
§2 A priest who
has this faculty must use it for those in whose favour it was granted.
Can. 886 §1 A
Bishop in his own diocese may lawfully administer the sacrament of confirmation
even to the faithful who are not his subjects, unless there is an express
prohibition by their own Ordinary.
§2 In order
lawfully to administer confirmation in another diocese, unless it be to his own
subjects, a Bishop needs the permission, at least reasonably presumed, of the
diocesan Bishop.
Can. 887 A priest
who has the faculty to administer confirmation may, within the territory
assigned to him, lawfully administer this sacrament even to those from outside
the territory, unless there is a prohibition by their own Ordinary. He cannot,
however, validly confirm anyone in another territory, without prejudice to the
provision of can. 883, n.3.
Can. 888 Within
the territory in which they can confer confirmation, ministers may confirm even
in exempt places.
Can. 889 §1 Every
baptised person who is not confirmed, and only such a person, is capable of
receiving confirmation.
§2 Apart from the
danger of death, to receive confirmation lawfully a person who has the use of
reason must be suitably instructed, properly disposed and able to renew the
baptismal promises.
Can. 890 The
faithful are bound to receive this sacrament at the proper time. Parents and
pastors of souls, especially parish priests, are to see that the faithful are
properly instructed to receive the sacrament and come to it at the opportune
time.
Can. 891 The
sacrament of confirmation is to be conferred on the faithful at about the age
of discretion, unless the Episcopal Conference has decided on a different age,
or there is a danger of death or, in the judgement of the minister, a grave
reason suggests otherwise.
Can. 892 As far
as possible the person to be confirmed is to have a sponsor. The sponsor’s
function is to take care that the person confirmed behaves as a true witness of
Christ and faithfully fulfils the duties inherent in this sacrament.
Can. 893 §1 A
person who would undertake the office of sponsor must fulfil the conditions
mentioned in can. 874.
§2 It is
desirable that the sponsor chosen be the one who undertook this role at
baptism.
Can. 894 To
establish that confirmation has been conferred, the provisions of can. 876 are
to be observed.
Can. 895 The
names of those confirmed, the minister, the parents, the sponsors and the place
and date of the confirmation are to be recorded in the confirmation register of
the diocesan curia or, wherever this has been prescribed by the Episcopal
Conference or by the diocesan Bishop, in the register to be kept in the
parochial archive. The parish priest must notify the parish priest of the place
of the baptism that the confirmation was conferred, so that it be recorded in
the baptismal register, in accordance with can. 535 §2.
Can. 896 If the
parish priest of the place was not present, the minister, personally or through
someone else, is to notify him as soon as possible that the confirmation was
conferred.
Can. 897 The most
venerable sacrament is the blessed Eucharist, in which Christ the Lord himself
is contained, offered and received, and by which the Church continually lives
and grows. The eucharistic Sacrifice, the memorial of the death and resurrection
of the Lord, in which the Sacrifice of the cross is forever perpetuated, is the
summit and the source of all worship and christian life. By means of it the
unity of God’s people is signified and brought about, and the building up of
the body of Christ is perfected. The other sacraments and all the apostolic
works of Christ are bound up with, and directed to, the blessed Eucharist.
Can. 898 Christ’s
faithful are to hold the blessed Eucharist in the highest honour. They should
take an active part in the celebration of the most august Sacrifice of the
Mass; they should receive the sacrament with great devotion and frequently, and
should reverence it with the greatest adoration. In explaining the doctrine of
this sacrament, pastors of souls are assiduously to instruct the faithful about
their obligation in this regard.
Can. 899 §1 The
celebration of the Eucharist is an action of Christ himself and of the Church.
In it Christ the Lord, through the ministry of the priest, offers himself,
substantially present under the appearances of bread and wine, to God the
Father, and gives himself as spiritual nourishment to the faithful who are
associated with him in his offering.
§2 In the
eucharistic assembly the people of God are called together under the presidency
of the Bishop or of a priest authorised by him, who acts in the person of
Christ. All the faithful present, whether clerics or lay people, unite to
participate in their own way, according to their various orders and liturgical
roles.
§3 The
eucharistic celebration is to be so ordered that all the participants derive
from it the many fruits for which Christ the Lord instituted the eucharistic
Sacrifice.
Can. 900 §1 The
only minister who, in the person of Christ, can bring into being the sacrament
of the Eucharist, is a validly ordained priest.
§2 Any priest who
is not debarred by canon law may lawfully celebrate the Eucharist, provided the
provisions of the following canons are observed.
Can. 901 A priest
is entitled to offer Mass for anyone, living or dead.
Can. 902 Unless
the benefit of Christ’s faithful requires or suggests otherwise, priests may
concelebrate the Eucharist; they are, however, fully entitled to celebrate the
Eucharist individually, but not while a celebration is taking place in the same
church or oratory.
Can. 903 A priest
is to be permitted to celebrate the Eucharist, even if he is not known to the
rector of the church, provided either that he presents commendatory letters,
not more than a year old, from his own Ordinary or Superior, or that it can be
prudently judged that he is not debarred from celebrating.
Can. 904
Remembering always that in the mystery of the eucharistic Sacrifice the work of
redemption is continually being carried out, priests are to celebrate
frequently. Indeed, daily celebration is earnestly recommended, because, even
if it should not be possible to have the faithful present, it is an action of
Christ and of the Church in which priests fulfil their principal role.
Can. 905 §1 Apart
from those cases in which the law allows him to celebrate or concelebrate the
Eucharist a number of times on the same day, a priest may not celebrate more
than once a day.
§2 If there is a
scarcity of priests, the local Ordinary may for a good reason allow priests to
celebrate twice in one day or even, if pastoral need requires it, three times
on Sundays or holydays of obligation.
Can. 906 A priest
may not celebrate the eucharistic Sacrifice without the participation of at
least one of the faithful, unless there is a good and reasonable cause for
doing so.
Can. 907 In the
celebration of the Eucharist, deacons and lay persons are not permitted to say
the prayers, especially the eucharistic prayer, nor to perform the actions
which are proper to the celebrating priest.
Can. 908 Catholic
priests are forbidden to concelebrate the Eucharist with priests or ministers
of Churches or ecclesial communities which are not in full communion with the
catholic Church.
Can. 909 A priest
is not to omit dutifully to prepare himself by prayer before the celebration of
the Eucharist, nor afterwards to omit to make thanksgiving to God.
Can. 910 §1 The
ordinary minister of holy communion is a Bishop, a priest or a deacon.
§2 The
extraordinary minister of holy communion is an acolyte, or another of Christ’s
faithful deputed in accordance with can. 230 §3.
Can. 911 §1 The
duty and right to bring the blessed Eucharist to the sick as Viaticum belongs
to the parish priest, to assistant priests, to chaplains and, in respect of all
who are in the house, to the community Superior in clerical religious
institutes or societies of apostolic life.
§2 In a case of
necessity, or with the permission at least presumed of the parish priest,
chaplain or Superior, who must subsequently be notified, any priest or other
minister of holy communion must do this.
Can. 912 Any
baptised person who is not forbidden by law may and must be admitted to holy
communion.
Can. 913 §1 For
holy communion to be administered to children, it is required that they have
sufficient knowledge and be accurately prepared, so that according to their
capacity they understand what the mystery of Christ means, and are able to
receive the Body of the Lord with faith and devotion.
§2 The blessed
Eucharist may, however, be administered to children in danger of death if they
can distinguish the Body of Christ from ordinary food and receive communion
with reverence.
Can. 914 It is
primarily the duty of parents and of those who take their place, as it is the
duty of the parish priest, to ensure that children who have reached the use of
reason are properly prepared and, having made their sacramental confession, are
nourished by this divine food as soon as possible. It is also the duty of the
parish priest to see that children who have not reached the use of reason, or
whom he has judged to be insufficiently disposed, do not come to holy
communion.
Can. 915 Those
upon whom the penalty of excommunication or interdict has been imposed or
declared, and others who obstinately persist in manifest grave sin, are not to
be admitted to holy communion.
Can. 916 Anyone
who is conscious of grave sin may not celebrate Mass or receive the Body of the
Lord without previously having been to sacramental confession, unless there is
a grave reason and there is no opportunity to confess; in this case the person
is to remember the obligation to make an act of perfect contrition, which
includes the resolve to go to confession as soon as possible.
Can. 917 One who
has received the blessed Eucharist may receive it again on the same day only
within a eucharistic celebration in which that person participates, without
prejudice to the provision of can. 921 §2.
Can. 918 It is
most strongly recommended that the faithful receive holy communion in the
course of a eucharistic celebration. If, however, for good reason they ask for
it apart from the Mass, it is to be administered to them, observing the
liturgical rites.
Can. 919 §1
Whoever is to receive the blessed Eucharist is to abstain for at least one hour
before holy communion from all food and drink, with the sole exception of water
and medicine.
§2 A priest who,
on the same day, celebrates the blessed Eucharist twice or three times may
consume something before the second or third celebration, even though there is
not an hour’s interval.
§3 The elderly
and those who are suffering from some illness, as well as those who care for
them, may receive the blessed Eucharist even if within the preceding hour they
have consumed something.
Can. 920 §1 Once
admitted to the blessed Eucharist, each of the faithful is obliged to receive
holy communion at least once a year.
§2 This precept
must be fulfilled during paschal time, unless for a good reason it is fulfilled
at another time during the year.
Can. 921 §1
Christ’s faithful who are in danger of death, from whatever cause, are to be
strengthened by holy communion as Viaticum.
§2 Even if they
have already received holy communion that same day, it is nevertheless strongly
suggested that in danger of death they should communicate again.
§3 While the
danger of death persists, it is recommended that holy communion be administered
a number of times, but on separate days.
Can. 922 Holy
Viaticum for the sick is not to be unduly delayed. Those who have the care of
souls are to take assiduous care that the sick are strengthened by it while
they are in full possession of their faculties.
Can. 923 Christ’s
faithful may participate in the eucharistic Sacrifice and receive holy
communion in any catholic rite, without prejudice to the provisions of can.
844.
Can. 924 §1 The
most holy Sacrifice of the Eucharist must be celebrated in bread, and in wine
to which a small quantity of water is to be added.
§2 The bread must
be wheaten only, and recently made, so that there is no danger of corruption.
§3 The wine must
be natural, made from grapes of the vine, and not corrupt.
Can. 925 Holy
communion is to be given under the species of bread alone or, in accordance
with the liturgical laws, under both species or, in case of necessity, even
under the species of wine alone.
Can. 926 In the
eucharistic celebration, in accordance with the ancient tradition of the latin
Church, the priest is to use unleavened bread wherever he celebrates Mass.
Can. 927 It is
absolutely wrong, even in urgent and extreme necessity, to consecrate one
element without the other, or even to consecrate both outside the eucharistic
celebration.
Can. 928 The
eucharistic celebration is to be carried out either in the latin language or in
another language, provided the liturgical texts have been lawfully approved.
Can. 929 In
celebrating and administering the Eucharist, priests and deacons are to wear
the sacred vestments prescribed by the rubrics.
Can. 930 §1 A
priest who is ill or elderly, if he is unable to stand, may celebrate the
eucharistic Sacrifice sitting but otherwise observing the liturgical laws; he
may not, however, do so in public except by permission of the local Ordinary.
§2 A priest who
is blind or suffering from some other infirmity, may lawfully celebrate the
eucharistic Sacrifice by using the text of any approved Mass, with the
assistance, if need be, of another priest or deacon or even a properly
instructed lay person.
Can. 931 The
celebration and distribution of the Eucharist may take place on any day and at
any hour, except those which are excluded by the liturgical laws.
Can. 932 §1 The
eucharistic celebration is to be carried out in a sacred place, unless in a
particular case necessity requires otherwise; in which case the celebration
must be in a fitting place.
§2 The
eucharistic Sacrifice must be carried out at an altar that is dedicated or
blessed. Outside a sacred place an appropriate table may be used, but always
with an altar cloth and a corporal.
Can. 933 For a
good reason, with the express permission of the local Ordinary and provided
scandal has been eliminated, a priest may celebrate the Eucharist in a place of
worship of any Church or ecclesial community which is not in full communion
with the catholic Church.
Can. 934 §1 The
blessed Eucharist:
1° must be
reserved in the cathedral church or its equivalent, in every parish church, and
in the church or oratory attached to the house of a religious institute or
society of apostolic life
2° may be
reserved in a Bishop’s chapel and, by permission of the local Ordinary, in
other churches, oratories and chapels.
§2 In sacred
places where the blessed Eucharist is reserved there must always be someone who
is responsible for it, and as far as possible a priest is to celebrate Mass
there at least twice a month.
Can. 935 It is
not lawful for anyone to keep the blessed Eucharist in personal custody or to
carry it around, unless there is an urgent pastoral need and the prescriptions
of the diocesan Bishop are observed.
Can. 936 In a
house of a religious institute or other house of piety, the blessed Eucharist
is to be reserved only in the church or principal oratory attached to the house.
For a just reason, however, the Ordinary can permit it to be reserved also in
another oratory of the same house.
Can. 937 Unless
there is a grave reason to the contrary, a church in which the blessed
Eucharist is reserved is to be open to the faithful for at least some hours
every day, so that they can pray before the blessed Sacrament.
Can. 938 §1 The
blessed Eucharist is to be reserved habitually in only one tabernacle of a
church or oratory.
§2 The tabernacle
in which the blessed Eucharist is reserved should be sited in a distinguished
place in the church or oratory, a place which is conspicuous, suitably adorned
and conducive to prayer.
§3 The tabernacle
in which the blessed Eucharist is habitually reserved is to be immovable, made
of solid and non‑transparent material, and so locked as to give the
greatest security against any danger of profanation.
§4 For a grave
reason, especially at night, it is permitted to reserve the blessed Eucharist
in some other safer place, provided it is fitting.
§5 The person in
charge of a church or oratory is to see to it that the key of the tabernacle in
which the blessed Eucharist is reserved, is in maximum safe keeping.
Can. 939
Consecrated hosts, in a quantity sufficient for the needs of the faithful, are
to be kept in a pyx or ciborium, and are to be renewed frequently, the older
hosts having been duly consumed.
Can. 940 A
special lamp is to burn continuously before the tabernacle in which the blessed
Eucharist is reserved, to indicate and to honour the presence of Christ.
Can. 941 §1 In
churches or oratories which are allowed to reserve the blessed Eucharist, there
may be exposition, either with the pyx or with the monstrance, in accordance
with the norms prescribed in the liturgical books.
§2 Exposition of
the blessed Sacrament may not take place while Mass is being celebrated in the
same area of the church or oratory.
Can. 942 It is
recommended that in these churches or oratories, there is to be each year a
solemn exposition of the blessed Sacrament for an appropriate, even if not for
a continuous time, so that the local community may more attentively meditate on
and adore the eucharistic mystery. This exposition is to take place only if a
fitting attendance of the faithful is foreseen, and the prescribed norms are
observed.
Can. 943 The
minister of exposition of the blessed Sacrament and of the eucharistic blessing
is a priest or deacon. In special circumstances the minister of exposition and
deposition alone, but without the blessing, is an acolyte, and extraordinary
minister of holy communion, or another person deputed by the local Ordinary, in
accordance with the regulations of the diocesan Bishop.
Can. 944 §1
Wherever in the judgement of the diocesan Bishop it can be done, a procession
through the streets is to be held, especially on the solemnity of the Body and
Blood of Christ, as a public witness of veneration of the blessed Eucharist.
§2 It is for the
diocesan Bishop to establish such regulations about processions as will provide
for participation in them and for their being carried out in a dignified
manner.
Can. 945 §1 In
accordance with the approved custom of the Church, any priest who celebrates or
concelebrates a Mass may accept an offering to apply the Mass for a specific
intention.
§2 It is
earnestly recommended to priests that, even if they do not receive an offering,
they celebrate Mass for the intentions of Christ’s faithful, especially of
those in need.
Can. 946 The
faithful who make an offering so that Mass can be celebrated for their
intention, contribute to the good of the Church, and by that offering they
share in the Church’s concern for the support of its ministers and its
activities.
Can. 947 Even the
semblance of trafficking or trading is to be entirely excluded from Mass
offerings.
Can. 948 Separate
Masses must be applied for the intentions of those for whom an individual
offering, even if small, has been made and accepted.
Can. 949 One who
is obliged to celebrate and apply Mass for the intentions of those who made an
offering, is bound by this obligation even if the offering received is lost
through no fault of his.
Can. 950 If a sum
of money is offered for the application of Masses, but with no indication of
the number of Masses to be celebrated, their number is to be calculated on the
basis of the offering prescribed in the place where the donor resides, unless
the donor’s intention must lawfully be presumed to have been otherwise.
Can. 951 §1 A
priest who celebrates a number of Masses on the same day may apply each Mass
for the intention for which an offering was made, subject however to the rule
that, apart from Christmas Day, he may retain for himself the offering for only
one Mass; the others he is to transmit to purposes prescribed by the Ordinary,
while allowing for some compensation on the ground of an extrinsic title.
§2 A priest who
on the same day concelebrates a second Mass may not under any title accept an
offering for that Mass.
Can. 952 §1 The
provincial council or the provincial Bishops’ meeting is to determine by
decree, for the whole of the province, what offering is to be made for the
celebration and application of Mass. Nonetheless, it is permitted to accept,
for the application of a Mass, an offering voluntarily made, which is greater,
or even less, than that which has been determined.
§2 Where there is
no such decree, the custom existing in the diocese is to be observed.
§3 Members of
religious institutes of all kinds must abide by the decree or the local custom
mentioned in §§1 and 2.
Can. 953 No one
may accept more offerings for Masses to be celebrated by himself than he can
discharge within a year.
Can. 954 If in
certain churches or oratories more Masses are requested than can be celebrated
there, these may be celebrated elsewhere, unless the donors have expressly
stipulated otherwise.
Can. 955 §1 One
who intends to transfer to others the celebration of Masses to be applied, is
to transfer them as soon as possible to priests of his own choice, provided he
is certain that they are of proven integrity. He must transfer the entire
offering received, unless it is quite certain that an amount in excess of the
diocesan offering was given as a personal gift. Moreover, it is his obligation
to see to the celebration of the Masses until such time as he has received
evidence that the obligation has been undertaken and the offering received.
§2 Unless it is
established otherwise, the time within which Masses are to be celebrated begins
from the day the priest who is to celebrate them receives them.
§3 Those who
transfer to others Masses to be celebrated are without delay to record in a
book both the Masses which they have accepted and those which they have passed
on, noting also the offerings for these Masses.
§4 Each priest
must accurately record the Masses which he has accepted to celebrate and those
which he has in fact celebrated.
Can. 956 Each and
every administrator of pious causes and those, whether clerics or lay persons,
who are in any way obliged to provide for the celebration of Masses, are to
transfer to their Ordinaries, in a manner to be determined by the latter, such
Mass obligations as have not been discharged within a year.
Can. 957 The duty
and the right to see that Mass obligations are fulfilled belongs, in the case
of churches of the secular clergy, to the local Ordinary; in the case of
churches of religious institutes or societies of apostolic life, to their
Superiors.
Can. 958 §1 The
parish priest, as well as the rector of a church or other pious place in which
Mass offerings are usually received, is to have a special book in which he is
accurately to record the number, the intention and the offering of the Masses
to be celebrated, and the fact of their celebration.
§2 The Ordinary
is obliged to inspect these books each year, either personally or through
others.
Can. 959 In the
sacrament of penance the faithful who confess their sins to a lawful minister,
are sorry for those sins and have a purpose of amendment, receive from God,
through the absolution given by that minister, forgiveness of sins they have
committed after baptism, and at the same time they are reconciled with the
Church, which by sinning they wounded.
Can. 960
Individual and integral confession and absolution constitute the sole ordinary
means by which a member of the faithful who is conscious of grave sin is
reconciled with God and with the Church. Physical or moral impossibility alone
excuses from such confession, in which case reconciliation may be attained by
other means also.
Can. 961 §1
General absolution, without prior individual confession, cannot be given to a
number of penitents together, unless:
1° danger of
death threatens and there is not time for the priest or priests to hear the
confessions of the individual penitents;
2° there exists a
grave necessity, that is, given the number of penitents, there are not enough
confessors available properly to hear the individual confessions within an
appropriate time, so that without fault of their own the penitents are deprived
of the sacramental grace or of holy communion for a lengthy period of time. A
sufficient necessity is not, however, considered to exist when confessors cannot
be available merely because of a great gathering of penitents, such as can
occur on some major feastday or pilgrimage.
§2 It is for the
diocesan Bishop to judge whether the conditions required in §1, n. 2 are
present; mindful of the criteria agreed with the other members of the Episcopal
Conference, he can determine the cases of such necessity.
Can. 962 §1 For a
member of Christ’s faithful to benefit validly from a sacramental absolution
given to a number of people simultaneously, it is required not only that he or
she be properly disposed, but be also at the same time personally resolved to
confess in due time each of the grave sins which cannot for the moment be thus
confessed.
§2 Christ’s
faithful are to be instructed about the requirements set out in §1, as far as
possible even on the occasion of general absolution being received. An
exhortation that each person should make an act of contrition is to precede a
general absolution, even in the case of danger of death if there is time.
Can. 963 Without
prejudice to the obligation mentioned in can. 989, a person whose grave sins
are forgiven by a general absolution, is as soon as possible, when the
opportunity occurs, to make an individual confession before receiving another
general absolution, unless a just reason intervenes.
Can. 964 §1 The
proper place for hearing sacramental confessions is a church or oratory.
§2 As far as the
confessional is concerned, norms are to be issued by the Episcopal Conference,
with the proviso however that confessionals, which the faithful who so wish may
freely use, are located in an open place, and fitted with a fixed grille between
the penitent and the confessor.
§3 Except for a
just reason, confessions are not to be heard elsewhere than in a confessional.
Can. 965 Only a
priest is the minister of the sacrament of penance.
Can. 966 §1 For
the valid absolution of sins, it is required that, in addition to the power of
order, the minister has the faculty to exercise that power in respect of the
faithful to whom he gives absolution.
§2 A priest can
be given this faculty either by the law itself, or by a concession issued by
the competent authority in accordance with can. 969.
Can. 967 §1
Besides the Roman Pontiff, Cardinals by virtue of the law itself have the
faculty to hear the confessions of Christ’s faithful everywhere. Likewise,
Bishops have this faculty, which they may lawfully use everywhere, unless in a
particular case the diocesan Bishop has refused.
§2 Those who have
the faculty habitually to hear confessions, whether by virtue of their office
or by virtue of a concession by the Ordinary of either the place of
incardination or that in which they have a domicile, can exercise that faculty
everywhere, unless in a particular case the local Ordinary has refused, without
prejudice to the provisions of can. 974 §§2 and 3.
§3 In respect of
the members and of those others who live day and night in a house of an
institute or society, this same faculty is by virtue of the law itself
possessed everywhere by those who have the faculty to hear confessions, whether
by virtue of their office or by virtue of a special concession of the competent
Superior in accordance with cann. 968 §2 and 969 §2. They may lawfully use this
faculty, unless in a particular case some major Superior has, in respect of his
own subjects, refused.
Can. 968 §1 By
virtue of his office, for each within the limits of his jurisdiction, the
faculty to hear confessions belongs to the local Ordinary, to the canon
penitentiary, to the parish priest, and to those others who are in the place of
the parish priest.
§2 By virtue of
their office, the faculty to hear the confessions of their own subjects and of
those others who live day and night in the house, belongs to the Superiors of
religious institutes or of societies of apostolic life, if they are clerical
and of pontifical right, who in accordance with the constitutions have
executive power of governance, without prejudice however to the provision of can.
630 §4.
Can. 969 §1 Only
the local Ordinary is competent to give to any priests whomsoever the faculty
to hear the confessions of any whomsoever of the faithful. Priests who are
members of religious institutes may not, however, use this faculty without the
permission, at least presumed, of their Superior.
§2 The Superior
of a religious institute or of a society of apostolic life, mentioned in can.
968 §2, is competent to give to any priests whomsoever the faculty to hear the
confessions of his own subjects and of those others who live day and night in
the house.
Can. 970 The
faculty to hear confessions is not to be given except to priests whose
suitability has been established, either by examination or by some other means.
Can. 971 The
local Ordinary is not to give the faculty habitually to hear confessions to a
priest, even to one who has a domicile or quasi‑domicile within his
jurisdiction, without first, as far as possible, consulting that priest’s own
Ordinary.
Can. 972 The
faculty to hear confessions may be given by the competent authority mentioned
in can. 969, for either an indeterminate or a determinate period of time.
Can. 973 The
faculty habitually to hear confessions is to be given in writing.
Can. 974 §1
Neither the local Ordinary nor the competent Superior may, except for a grave
reason, revoke the grant of a faculty habitually to hear confessions.
§2 If the faculty
to hear confessions granted by the local Ordinary mentioned in can. 967, §2, is
revoked by that Ordinary, the priest loses the faculty everywhere. If the
faculty is revoked by another local Ordinary, the priest loses it only in the
territory of the Ordinary who revokes it.
§3 Any local
Ordinary who has revoked a priest’s faculty to hear confessions is to notify
the Ordinary who is proper to that priest by reason of incardination or, if the
priest is a member of a religious institute, his competent Superior.
§4 If the faculty
to hear confessions is revoked by his own major Superior, the priest loses
everywhere the faculty to hear the confessions of the members of the institute.
But if the faculty is revoked by another competent Superior, the priest loses
it only in respect of those subjects who are in that Superior’s jurisdiction.
Can. 975 Apart
from revocation, the faculty mentioned in can. 967 §2 ceases by loss of office,
by excardination, or by loss of domicile.
Can. 976 Any
priest, even though he lacks the faculty to hear confessions, can validly and
lawfully absolve any penitents who are in danger of death, from any censures
and sins, even if an approved priest is present.
Can. 977 The
absolution of a partner in a sin against the sixth commandment of the Decalogue
is invalid, except in danger of death.
Can. 978 §1 In
hearing confessions the priest is to remember that he is at once both judge and
healer, and that he is constituted by God as a minister of both divine justice
and divine mercy, so that he may contribute to the honour of God and the
salvation of souls.
§2 In
administering the sacrament, the confessor, as a minister of the Church, is to
adhere faithfully to the teaching of the magisterium and to the norms laid down
by the competent authority.
Can. 979 In
asking questions the priest is to act with prudence and discretion, taking into
account the condition and the age of the penitent, and he is to refrain from
enquiring the name of a partner in sin.
Can. 980 If the
confessor is in no doubt about the penitent’s disposition and the penitent asks
for absolution, it is not to be denied or delayed.
Can. 981 The
confessor is to impose salutary and appropriate penances, in proportion to the
kind and number of sins confessed, taking into account, however, the condition
of the penitent. The penitent is bound personally to fulfil these penances.
Can. 982 A person
who confesses to having falsely denounced to ecclesiastical authority a
confessor innocent of the crime of solicitation to a sin against the sixth
commandment of the Decalogue, is not to be absolved unless that person has
first formally withdrawn the false denunciation and is prepared to make good
whatever harm may have been done.
Can. 983 §1 The
sacramental seal is inviolable. Accordingly, it is absolutely wrong for a
confessor in any way to betray the penitent, for any reason whatsoever, whether
by word or in any other fashion.
§2 An
interpreter, if there is one, is also obliged to observe this secret, as are
all others who in any way whatever have come to a knowledge of sins from a
confession.
Can. 984 §1 The
confessor is wholly forbidden to use knowledge acquired in confession to the
detriment of the penitent, even when all danger of disclosure is excluded.
§2 A person who
is in authority may not in any way, for the purpose of external governance, use
knowledge about sins which has at any time come to him from the hearing of
confession.
Can. 985 The
director and assistant director of novices, and the rector of a seminary or of
any other institute of education, are not to hear the sacramental confessions
of their students resident in the same house, unless in individual instances
the students of their own accord request it.
Can. 986 §1 All
to whom by virtue of office the care of souls is committed, are bound to
provide for the hearing of the confessions of the faithful entrusted to them,
who reasonably request confession, and they are to provide these faithful with
an opportunity to make individual confession on days and at times arranged to
suit them.
§2 In an urgent
necessity, every confessor is bound to hear the confessions of Christ’s
faithful, and in danger of death every priest is so obliged.
Can. 987 In order
that the faithful may receive the saving remedy of the sacrament of penance,
they must be so disposed that, repudiating the sins they have committed and
having the purpose of amending their lives, they turn back to God.
Can. 988 §1 The
faithful are bound to confess, in kind and in number, all grave sins committed
after baptism, of which after careful examination of conscience they are aware,
which have not yet been directly pardoned by the keys of the Church, and which have
not been confessed in an individual confession.
§2 The faithful
are recommended to confess also venial sins.
Can. 989 All the
faithful who have reached the age of discretion are bound faithfully to confess
their grave sins at least once a year.
Can. 990 No one
is forbidden to confess through an interpreter, provided however that abuse and
scandal are avoided, and without prejudice to the provision of can. 983 §2.
Can. 991 All
Christ’s faithful are free to confess their sins to lawfully approved
confessors of their own choice, even to one of another rite.
Can. 992 An
indulgence is the remission in the sight of God of the temporal punishment due
for sins, the guilt of which has already been forgiven. A member of Christ’s
faithful who is properly disposed and who fulfils certain specific conditions,
may gain an indulgence by the help of the Church which, as the minister of
redemption, authoritatively dispenses and applies the treasury of the merits of
Christ and the Saints.
Can. 993 An
indulgence is partial or plenary according as it partially or wholly frees a
person from the temporal punishment due for sins.
Can. 994 All
members of the faithful can gain indulgences, partial or plenary, for
themselves, or they can apply them by way of suffrage to the dead.
Can. 995 §1 Apart
from the supreme authority in the Church, only those can grant indulgences to
whom this power is either acknowledged in the law, or given by the Roman
Pontiff.
§2 No authority
below the Roman Pontiff can give to others the faculty of granting indulgences,
unless this authority has been expressly given to the person by the Apostolic
See.
Can. 996 §1 To be
capable of gaining indulgences a person must be baptised, not excommunicated,
and in the state of grace at least on the completion of the prescribed work.
§2 To gain them,
however, the person who is capable must have at least the intention of gaining
them, and must fulfil the prescribed works at the time and in the manner
determined by the terms of the grant.
Can. 997 As far
as the granting and the use of indulgences is concerned, the other provisions
contained in the special laws of the Church must also be observed.
Can. 998 The
anointing of the sick, by which the Church commends to the suffering and
glorified Lord the faithful who are dangerously ill so that he may support and
save them, is conferred by anointing them with oil and pronouncing the words
prescribed in the liturgical books.
Can. 999 The oil
to be used in the anointing of the sick can be blessed not only by a Bishop but
also by:
1° those who are
in law equivalent to the diocesan Bishop;
2° in a case of
necessity, any priest but only in the actual celebration of the sacrament.
Can. 1000 §1 The
anointings are to be carried out accurately, with the words and in the order
and manner prescribed in the liturgical books. In a case of necessity, however,
a single anointing on the forehead, or even on another part of the body, is
sufficient while the full formula is recited.
§2 The minister
is to anoint with his own hand, unless a grave reason indicates the use of an
instrument.
Can. 1001 Pastors
of souls and those who are close to the sick are to ensure that the sick are
helped by this sacrament in good time.
Can. 1002 The
communal celebration of anointing of the sick, for a number of the sick
together, who have been appropriately prepared and are rightly disposed, may be
held in accordance with the regulations of the diocesan Bishop.
Can. 1003 §1
Every priest, but only a priest, can validly administer the anointing of the
sick.
§2 All priests to
whom has been committed the care of souls, have the obligation and the right to
administer the anointing of the sick to those of the faithful entrusted to
their pastoral care. For a reasonable cause, any other priest may administer
this sacrament if he has the consent, at least presumed, of the aforementioned
priest.
§3 Any priest may
carry the holy oil with him, so that in a case of necessity he can administer
the sacrament of anointing of the sick.
Can. 1004 §1 The
anointing of the sick can be administered to any member of the faithful who,
having reached the use of reason, begins to be in danger of death by reason of
illness or old age.
§2 This sacrament
can be repeated if the sick person, having recovered, again becomes seriously
ill or if, in the same illness, the danger becomes more serious.
Can. 1005 If
there is any doubt as to whether the sick person has reached the age of reason,
or is dangerously ill, or is dead, this sacrament is to be administered.
Can. 1006 This
sacrament is to be administered to the sick who, when they were in possession
of their faculties, at least implicitly asked for it.
Can. 1007 The
anointing of the sick is not to be conferred upon those who obstinately persist
in a manifestly grave sin.
Can. 1008 By
divine institution some among Christ’s faithful are, through the sacrament of
order, marked with an indelible character and are thus constituted sacred
ministers; thereby they are consecrated and deputed so that, each according to
his own grade, they fulfil, in the person of Christ the Head, the offices of
teaching, sanctifying and ruling, and so they nourish the people of God.
Can. 1009 §1 The
orders are the episcopate, the priesthood and the diaconate.
§2 They are
conferred by the imposition of hands and the prayer of consecration which the
liturgical books prescribe for each grade.
Can. 1010 An
ordination is to be celebrated during Mass, on a Sunday or holyday of
obligation. For pastoral reasons, however, it may take place on other days
also, even on ferial days.
Can. 1011 §1 An
ordination is normally to be celebrated in the cathedral church. For pastoral
reasons, however, it may be celebrated in another church or oratory.
§2 Clerics and
other members of Christ’s faithful are to be invited to attend an ordination,
so that the greatest possible number may be present at the celebration.
Can. 1012 The
minister of sacred ordination is a consecrated Bishop.
Can. 1013 No
Bishop is permitted to consecrate anyone as Bishop, unless it is first
established that a pontifical mandate has been issued.
Can. 1014 Unless
a dispensation has been granted by the Apostolic See, the principal
consecrating Bishop at an episcopal consecration is to have at least two other
consecrating Bishops with him. It is, however, entirely appropriate that all
the Bishops present should join with these in consecrating the Bishop‑elect.
Can. 1015 §1 Each
candidate is to be ordained to the priesthood or to the diaconate by his proper
Bishop, or with lawful dimissorial letters granted by that Bishop.
§2 If not impeded
from doing so by a just reason, a Bishop is himself to ordain his own subjects.
He may not, however, without an apostolic indult lawfully ordain a subject of
an oriental rite.
§3 Anyone who is
entitled to give dimissorial letters for the reception of orders may also
himself confer these orders, if he is a Bishop.
Can. 1016 In what
concerns the ordination to the diaconate of those who intend to enrol
themselves in the secular clergy, the proper Bishop is the Bishop of the
diocese in which the aspirant has a domicile, or the Bishop of the diocese to
which he intends to devote himself. In what concerns the priestly ordination of
the secular clergy, it is the Bishop of the diocese in which the aspirant was
incardinated by the diaconate.
Can. 1017 A
Bishop may not confer orders outside his own jurisdiction except with the
permission of the diocesan Bishop.
Can. 1018 §1 The
following can give dimissorial letters for the secular clergy:
1° the proper
Bishop mentioned in can. 1016;
2° the apostolic
Administrator; with the consent of the college of consultors, the diocesan
Administrator; with the consent of the council mentioned in can. 495 §2, the
Pro‑vicar and Pro‑prefect apostolic.
§2 The diocesan
Administrator, the Pro‑vicar and Pro‑prefect apostolic are not to
give dimissorial letters to those to whom admission to orders was refused by
the diocesan Bishop or by the Vicar or Prefect apostolic.
Can. 1019 §1 It
belongs to the major Superior of a clerical religious institute of pontifical
right or of a clerical society of apostolic life of pontifical right to grant
dimissorial letters for the diaconate and for the priesthood to his subjects
who are, in accordance with the constitutions, perpetually or definitively
enrolled in the institute or society.
§2 The ordination
of all other candidates of whatever institute or society, is governed by the
law applying to the secular clergy, any indult whatsoever granted to Superiors
being revoked.
Can. 1020
Dimissorial letters are not to be granted unless all the testimonials and
documents required by the law in accordance with cann. 1050 and 1051 have first
been obtained.
Can. 1021
Dimissorial letters may be sent to any Bishop in communion with the Apostolic
See, but not to a Bishop of a rite other than that of the ordinand, unless
there is an apostolic indult.
Can. 1022 When
the ordaining Bishop has received the prescribed dimissorial letters, he may
proceed to the ordination only when the authenticity of these letters is
established beyond any doubt whatever.
Can. 1023
Dimissorial letters can be limited or can be revoked by the person granting
them or by his successor; once granted, they do not lapse on the expiry of the
grantor’s authority.
Can. 1024 Only a
baptised man can validly receive sacred ordination.
Can. 1025 §1 In
order lawfully to confer the orders of priesthood or diaconate, it must have
been established, in accordance with the proofs laid down by law, that in the
judgement of the proper Bishop or competent major Superior, the candidate
possesses the requisite qualities, that he is free of any irregularity or
impediment, and that he has fulfilled the requirements set out in can. 1033‑‑1039.
Moreover, the documents mentioned in can. 1050 must be to hand, and the
investigation mentioned in can. 1051 must have been carried out.
§2 It is further
required that, in the judgement of the same lawful Superior, the candidate is
considered beneficial to the ministry of the Church.
§3 A Bishop
ordaining his own subject who is destined for the service of another diocese,
must be certain that the ordinand will in fact be attached to that other
diocese.
Can. 1026 For a
person to be ordained, he must enjoy the requisite freedom. It is absolutely
wrong to compel anyone, in any way or for any reason whatsoever, to receive
orders, or to turn away from orders anyone who is canonically suitable.
Can. 1027
Aspirants to the diaconate and the priesthood are to be formed by careful
preparation in accordance with the law.
Can. 1028 The
diocesan Bishop or the competent Superior must ensure that before they are
promoted to any order, candidates are properly instructed concerning the order
itself and its obligations.
Can. 1029 Only
those are to be promoted to orders who, in the prudent judgement of the proper
Bishop or the competent major Superior, all things considered, have sound
faith, are motivated by the right intention, are endowed with the requisite
knowledge, enjoy a good reputation, and have moral probity, proven virtue and
the other physical and psychological qualities appropriate to the order to be
received.
Can. 1030 The
proper Bishop or the competent major Superior may, but only for a canonical
reason, even one which is occult, forbid admission to the priesthood to deacons
subject to them who were destined for the priesthood, without prejudice to
recourse in accordance with the law.
Can. 1031 §1 The
priesthood may be conferred only upon those who have completed their twenty‑fifth
year of age, and possess a sufficient maturity; moreover, an interval of at
least six months between the diaconate and the priesthood must have been
observed. Those who are destined for the priesthood are to be admitted to the
order of diaconate only when they have completed their twenty‑third year.
§2 A candidate
for the permanent diaconate who is not married may be admitted to the diaconate
only when he has completed at least his twenty‑fifth year; if he is
married, not until he has completed at least his thirty‑fifth year, and
then with the consent of his wife.
§3 Episcopal
Conferences may issue a regulation which requires a later age for the
priesthood and for the permanent diaconate.
§4 A dispensation
of more than a year from the age required by §§1 and 2 is reserved to the
Apostolic See.
Can. 1032 §1
Aspirants to the priesthood may be promoted to the diaconate only when they
have completed the fifth year of the curriculum of philosophical and
theological studies.
§2 After
completing the curriculum of studies and before being promoted to the
priesthood, deacons are to spend an appropriate time, to be determined by the
Bishop or by the competent major Superior, exercising the diaconal order and
taking part in the pastoral ministry.
§3 An aspirant to
the permanent diaconate is not to be promoted to this order until he has
completed the period of formation.
Can. 1033 Only
one who has received the sacrament of sacred confirmation may lawfully be
promoted to orders.
Can. 1034 §1 An
aspirant to the diaconate or to the priesthood is not to be ordained unless he
has first, through the liturgical rite of admission, secured enrolment as a
candidate from the authority mentioned in cann. 1016 and 1019. He must
previously have submitted a petition in his own hand and signed by him, which
has been accepted in writing by the same authority.
§2 One who has by
vows become a member of a clerical institute is not obliged to obtain this
admission.
Can. 1035 §1
Before anyone may be promoted to the diaconate, whether permanent or
transitory, he must have received the ministries of lector and acolyte, and
have exercised them for an appropriate time.
§2 Between the
conferring of the ministry of acolyte and the diaconate there is to be an
interval of at least six months.
Can. 1036 For a
candidate to be promoted to the order of diaconate or priesthood, he must submit
to the proper Bishop or to the competent major Superior a declaration written
in his own hand and signed by him, in which he attests that he will
spontaneously and freely receive the sacred order and will devote himself
permanently to the ecclesiastical ministry, asking at the same time that he be
admitted to receive the order.
Can. 1037 A
candidate for the permanent diaconate who is not married and likewise a
candidate for the priesthood, is not to be admitted to the order of diaconate
unless he has, in the prescribed rite, publicly before God and the Church
undertaken the obligation of celibacy, or unless he has taken perpetual vows in
a religious institute.
Can. 1038 A
deacon who refuses to be promoted to the priesthood may not be forbidden the
exercise of the order he has received, unless he is constrained by a canonical
impediment, or unless there is some other grave reason, to be estimated by the
diocesan Bishop or the competent major Superior
Can. 1039 All who
are to be promoted to any order must make a retreat for at least five days, in
a place and in the manner determined by the Ordinary. Before he proceeds to the
ordination, the Bishop must have assured himself that the candidates have duly
made the retreat.
Can. 1040 Those
bound by an impediment are to be barred from the reception of orders. An
impediment may be simple; or it may be perpetual, in which case it is called an
irregularity. No impediment is contracted which is not contained in the following
canons.
Can. 1041 The
following persons are irregular for the reception of orders:
1° one who
suffers from any form of insanity, or from any other psychological infirmity,
because of which he is, after experts have been consulted, judged incapable of
being able to fulfil the ministry;
2° one who has
committed the offence of apostasy, heresy or schism;
3° one who has
attempted marriage, even a civil marriage, either while himself prevented from
entering marriage whether by an existing marriage bond or by a sacred order or
by a public and perpetual vow of chastity, or with a woman who is validly
married or is obliged by the same vow;
4° one who has
committed wilful homicide, or one who has actually procured an abortion, and
all who have positively cooperated;
5° one who has
gravely and maliciously mutilated himself or another, or who has attempted
suicide;
6° one who has
carried out an act of order which is reserved to those in the order of the
episcopate or priesthood, while himself either not possessing that order or
being barred from its exercise by some canonical penalty, declared or imposed.
Can. 1042 The
following are simply impeded from receiving orders:
1° a man who has
a wife, unless he is lawfully destined for the permanent diaconate;
2° one who
exercises an office or administration forbidden to clerics, in accordance with
cann. 285 and 286, of which he must render an account; the impediment binds
until such time as, having relinquished the office and administration and
rendered the account, he has been freed;
3° a neophyte,
unless, in the judgement of the Ordinary, he has been sufficiently tested.
Can. 1043
Christ’s faithful are bound to reveal, before ordination, to the Ordinary or to
the parish priest, such impediments to sacred orders as they may know about.
Can. 1044 §1 The
following are irregular for the exercise of orders already received:
1° one who, while
bound by an irregularity for the reception of orders, unlawfully received
orders;
2° one who
committed the offence mentioned in can. 1041, n. 2, if the offence is public
3° one who
committed any of the offences mentioned in can. 1041, nn. 3, 4,5,6.
§2 The following
are impeded from the exercise of orders:
1° one who, while
bound by an impediment to the reception of orders, unlawfully received orders;
2° one who
suffers from insanity or from some other psychological infirmity mentioned in
can. 1041, n. 1, until such time as the Ordinary, having consulted an expert,
has allowed the exercise of the order in question.
Can. 1045
Ignorance of irregularities and impediments does not exempt from them.
Can. 1046
Irregularities and impediments are multiplied if they arise from different
causes, not however from the repetition of the same cause, unless it is a
question of the irregularity arising from the commission of wilful homicide or
from having actually procured an abortion.
Can. 1047 §1 If
the fact on which they are based has been brought to the judicial forum,
dispensation from all irregularities is reserved to the Apostolic See alone.
§2 Dispensation
from the following irregularities and impediments to the reception of orders is
also reserved to the Apostolic See:
1° irregularities
arising from the offences mentioned in can. 1041, nn. 2 and 3, if they are
public;
2° an
irregularity arising from the offence, whether public or occult, mentioned in
can. 1041, n. 4;
3° the impediment
mentioned in can. 1042, n. 1.
§3 To the
Apostolic See is also reserved the dispensation from the irregularities for the
exercise of an order received mentioned in can. 1041, n.3 but only in public
cases, and in n. 4 of the same canon even in occult cases.
§4 The Ordinary
can dispense from irregularities and impediments not reserved to the Holy See.
Can. 1048 In the
more urgent occult cases, if the Ordinary or, in the case of the irregularities
mentioned in can. 1041, nn. 3 and 4, the Penitentiary cannot be approached, and
if there is imminent danger of serious harm or loss of reputation, the person
who is irregular for the exercise of an order may exercise it. There remains,
however, the obligation of his having recourse as soon as possible to the
Ordinary or the Penitentiary, without revealing his name, and through a
confessor.
Can. 1049 §1 In a
petition to obtain a dispensation from irregularities or impediments, all
irregularities and impediments are to be mentioned. However, a general
dispensation is valid also for those omitted in good faith, with the exception
of the irregularities mentioned in can. 1041, n. 4, or of others which have been
brought to the judicial forum; it is not, however, valid for those concealed in
bad faith.
§2 If it is
question of an irregularity arising from wilful homicide or from a procured
abortion, for the validity of the dispensation even the number of offences must
be stated.
§3 A general
dispensation from irregularities and impediments to the reception of orders is
valid for all orders.
Can. 1050 For a
person to be promoted to sacred orders, the following documents are required:
1° a certificate
of studies duly completed in accordance with can. 1032;
2" for those
to be ordained to the priesthood, a certificate of the reception of the
diaconate
3° for those to
be promoted to the diaconate, certificates of the reception of baptism, of
confirmation and of the ministries mentioned in can. 1035, and a certificate
that the declaration mentioned in can. 1036 has been made, if an ordinand to be
promoted to the permanent diaconate is married, a certificate of his marriage
and testimony of his wife’s consent.
Can. 1051 In the
investigation of the requisite qualities of one who is to be ordained, the
following provisions are to be observed:
1° there is to be
a certificate from the rector of the seminary or of the house of formation,
concerning the qualities required in the candidate for the reception of the
order, namely sound doctrine, genuine piety, good moral behaviour, fitness for
the exercise of the ministry, likewise, after proper investigation, a
certificate of the candidate’s state of physical and psychological health;
2° the diocesan
Bishop or the major Superior may, in order properly to complete the
investigation, use other means which, taking into account the circumstances of
time and place, may seem useful, such as testimonial letters, public notices or
other sources of information.
Can. 1052 §1 For
a Bishop to proceed to an ordination which he is to confer by his own right, he
must be satisfied that the documents mentioned in can. 1050 are at hand and that,
as a result of the investigations prescribed by law, the suitability of the
candidate has been positively established.
§2 For a Bishop
to proceed to the ordination of someone not his own subject, it is sufficient
that the dimissorial letters state that those documents are at hand, that the
investigation has been conducted in accordance with the law, and that the
candidate’s suitability has been established. If the ordinand is a member of a
religious institute or a society of apostolic life, these letters must also
testify that he has been definitively enrolled in the institute or society and
that he is a subject of the Superior who gives the letters.
§3 If, not
withstanding all this, the Bishop has definite reasons for doubting that the
candidate is suitable to receive orders, he is not to promote him.
Can. 1053 §1
After an ordination, the names of the individuals ordained, the name of the
ordaining minister, and the place and date of ordination are to be entered in a
special register which is to be carefully kept in the curia of the place of
ordination. All the documents of each ordination are to be accurately
preserved.
§2 The ordaining
Bishop is to give to each person ordained an authentic certificate of the
ordination received. Those who, with dimissorial letters, have been promoted by
a Bishop other than their own, are to submit the certificate to their proper
Ordinary for the registration of the ordination in a special register, to be kept
in the archive.
Can. 1054 The
local Ordinary, if it concerns the secular clergy, or the competent major
Superior, if it concerns his subjects, is to send a notification of each
ordination to the parish priest of the place of baptism. The parish priest is
to record the ordination in the baptismal register in accordance with can. 535
§2.
Can. 1055 §1 The
marriage covenant, by which a man and a woman establish between themselves a
partnership of their whole life, and which of its own very nature is ordered to
the well‑being of the spouses and to the procreation and upbringing of
children, has, between the baptised, been raised by Christ the Lord to the
dignity of a sacrament.
§2 Consequently,
a valid marriage contract cannot exist between baptised persons without its
being by that very fact a sacrament.
Can. 1056 The
essential properties of marriage are unity and indissolubility; in christian
marriage they acquire a distinctive firmness by reason of the sacrament.
Can. 1057 §1 A
marriage is brought into being by the lawfully manifested consent of persons
who are legally capable. This consent cannot be supplied by any human power.
§2 Matrimonial
consent is an act of will by which a man and a woman by an irrevocable covenant
mutually give and accept one another for the purpose of establishing a
marriage.
Can. 1058 All can
contract marriage who are not prohibited by law.
Can. 1059 The
marriage of catholics, even if only one party is baptised, is governed not only
by divine law but also by canon law, without prejudice to the competence of the
civil authority in respect of the merely civil effects of the marriage.
Can. 1060
Marriage enjoys the favour of law. Consequently, in doubt the validity of a
marriage must be upheld until the contrary is proven.
Can. 1061 §1 A
valid marriage between baptised persons is said to be merely ratified, if it is
not consummated; ratified and consummated, if the spouses have in a human
manner engaged together in a conjugal act in itself apt for the generation of
offspring. To this act marriage is by its nature ordered and by it the spouses
become one flesh.
§2 If the spouses
have lived together after the celebration of their marriage, consummation is
presumed until the contrary is proven.
§3 An invalid
marriage is said to be putative if it has been celebrated in good faith by at
least one party. It ceases to be such when both parties become certain of its
nullity.
Can. 1062 §1 A
promise of marriage, whether unilateral or bilateral, called an engagement, is
governed by the particular law which the Episcopal Conference has enacted,
after consideration of such customs and civil laws as may exist.
§2 No right of
action to request the celebration of marriage arises from a promise of
marriage, but there does arise an action for such reparation of damages as may
be due.
Can. 1063 Pastors
of souls are obliged to ensure that their own church community provides for
Christ’s faithful the assistance by which the married state is preserved in its
christian character and develops in perfection. This assistance is to be given
principally:
1° by preaching,
by catechetical instruction adapted to children, young people and adults,
indeed by the use of the means of social communication, so that Christ’s
faithful are instructed in the meaning of christian marriage and in the role of
christian spouses and parents;
2° by personal
preparation for entering marriage, so that the spouses are disposed to the
holiness and the obligations of their new state;
3° by the
fruitful celebration of the marriage liturgy, so that it clearly emerges that
the spouses manifest, and participate in, the mystery of the unity and fruitful
love between Christ and the Church;
4° by the help
given to those who have entered marriage, so that by faithfully observing and
protecting their conjugal covenant, they may day by day achieve a holier and a
fuller family life.
Can. 1064 It is
the responsibility of the local Ordinary to ensure that this assistance is duly
organised. If it is considered opportune, he should consult with men and women
of proven experience and expertise.
Can. 1065 §1
Catholics who have not yet received the sacrament of confirmation are to
receive it before being admitted to marriage, if this can be done without grave
inconvenience.
§2 So that the
sacrament of marriage may be fruitfully received, spouses are earnestly
recommended that they approach the sacraments of penance and the blessed
Eucharist.
Can. 1066 Before
a marriage takes place, it must be established that nothing stands in the way
of its valid and lawful celebration.
Can. 1067 The
Episcopal Conference is to lay down norms concerning the questions to be asked
of the parties, the publication of marriage banns, and the other appropriate
means of enquiry to be carried out before marriage. Only when he has carefully
observed these norms may the parish priest assist at a marriage.
Can. 1068 In
danger of death, if other proofs are not available, it suffices, unless there
are contrary indications, to have the assertion of the parties, sworn if need
be, that they are baptised and free of any impediment.
Can. 1069 Before
the celebration of a marriage, all the faithful are bound to reveal to the
parish priest or the local Ordinary such impediments as they may know about.
Can. 1070 If
someone other than the parish priest whose function it is to assist at the
marriage has made the investigations, he is by an authentic document to inform
that parish priest of the outcome of these enquiries as soon as possible.
Can. 1071 §1
Except in a case of necessity, no one is to assist without the permission of
the local Ordinary at:
1° a marriage of
vagi;
2° a marriage
which cannot be recognised by the civil law or celebrated in accordance with
it;
3° a marriage of
a person for whom a previous union has created natural obligations towards a
third party or towards children;
4° a marriage of
a person who has notoriously rejected the catholic faith;
5° a marriage of
a person who is under censure;
6° a marriage of
a minor whose parents are either unaware of it or are reasonably opposed to it;
7° a marriage to
be entered by proxy, as mentioned in can. 1105.
§2 The local
Ordinary is not to give permission to assist at the marriage of a person who
has notoriously rejected the Catholic faith unless, with the appropriate
adjustments, the norms of can. 1125 have been observed.
Can. 1072 Pastors
of souls are to see to it that they dissuade young people from entering marriage
before the age customarily accepted in the region.
Can. 1073 A
diriment impediment renders a person incapable of validly contracting a
marriage.
Can. 1074 An
impediment is said to be public, when it can be proved in the external forum;
otherwise, it is occult.
Can. 1075 §1 Only
the supreme authority in the Church can authentically declare when the divine
law prohibits or invalidates a marriage.
§2 Only the same
supreme authority has the right to establish other impediments for those who
are baptised.
Can. 1076 A
custom which introduces a new impediment, or is contrary to existing
impediments, is to be reprobated.
Can. 1077 §1 The
local Ordinary can in a specific case forbid a marriage of his own subjects,
wherever they are residing, or of any person actually present in his territory;
he can do this only for a time, for a grave reason and while that reason
persists.
§2 Only the
supreme authority in the Church can attach an invalidating clause to a prohibition.
Can. 1078 §1 The
local Ordinary can dispense his own subjects wherever they are residing, and
all who are actually present in his territory, from all impediments of
ecclesiastical law, except for those whose dispensation is reserved to the
Apostolic See.
§2 The
impediments whose dispensation is reserved to the Apostolic See are:
1° the impediment
arising from sacred orders or from a public perpetual vow of chastity in a
religious institute of pontifical right
2° the impediment
of crime mentioned in can. 1090.
§3 A dispensation
is never given from the impediment of consanguinity in the direct line or in
the second degree of the collateral line.
Can. 1079 §1 When
danger of death threatens, the local Ordinary can dispense his own subjects,
wherever they are residing, and all who are actually present in his territory,
both from the form to be observed in the celebration of marriage, and from each
and every impediment of ecclesiastical law, whether public or occult, with the
exception of the impediment arising from the sacred order of priesthood.
§2 In the same
circumstances mentioned in §1, but only for cases in which not even the local
Ordinary can be approached, the same faculty of dispensation is possessed by
the parish priest, by a properly delegated sacred minister, and by the priest
or deacon who assists at the marriage in accordance with can. 1116 §2.
§3 In danger of
death, the confessor has the power to dispense from occult impediments for the
internal forum, whether within the act of sacramental confession or outside it.
§4 In the case
mentioned in §2, the local Ordinary is considered unable to be approached if he
can be reached only by telegram or by telephone.
Can. 1080 §1
Whenever an impediment is discovered after everything has already been prepared
for a wedding and the marriage cannot without probable danger of grave harm be
postponed until a dispensation is obtained from the competent authority, the
power to dispense from all impediments, except those mentioned in can. 1078 §2,
n. 1, is possessed by the local Ordinary and, provided the case is occult, by
all those mentioned in can. 1079 §§2‑3, the conditions prescribed therein
having been observed.
§2 This power
applies also to the validation of a marriage when there is the same danger in
delay and there is no time to have recourse to the Apostolic See or, in the
case of impediments from which he can dispense, to the local Ordinary.
Can. 1081 The
parish priest or the priest or deacon mentioned in can. 1079 §2, should inform
the local Ordinary immediately of a dispensation granted for the external
forum, and this dispensation is to be recorded in the marriage register.
Can. 1082 Unless
a rescript of the Penitentiary provides otherwise, a dispensation from an
occult impediment granted in the internal nonsacramental forum, is to be
recorded in the book to be kept in the secret archive of the curia. No other
dispensation for the external forum is necessary if at a later stage the occult
impediment becomes public.
Can. 1083 §1 A
man cannot validly enter marriage before the completion of his sixteenth year
of age, nor a woman before the completion of her fourteenth year.
§2 The Episcopal
Conference may establish a higher age for the lawful celebration of marriage.
Can. 1084 §1
Antecedent and perpetual impotence to have sexual intercourse, whether on the
part of the man or on that of the woman, whether absolute or relative, by its
very nature invalidates marriage.
§2 If the
impediment of impotence is doubtful, whether the doubt be one of law or one of
fact, the marriage is not to be prevented nor, while the doubt persists, is it
to be declared null.
§3 Without
prejudice to the provisions of can. 1098, sterility neither forbids nor
invalidates a marriage.
Can. 1085 §1 A
person bound by the bond of a previous marriage, even if not consummated,
invalidly attempts marriage.
§2 Even though
the previous marriage is invalid or for any reason dissolved, it is not thereby
lawful to contract another marriage before the nullity or the dissolution of
the previous one has been established lawfully and with certainty.
Can. 1086 §1 A
marriage is invalid when one of the two persons was baptised in the catholic
Church or received into it and has not by a formal act defected from it, and
the other was not baptised.
§2 This
impediment is not to be dispensed unless the conditions mentioned in cann. 1125
and 1126 have been fulfilled.
§3 If at the time
the marriage was contracted one party was commonly understood to be baptised,
or if his or her baptism was doubtful, the validity of the marriage is to be
presumed in accordance with can. 1060, until it is established with certainty
that one party was baptised and the other was not.
Can. 1087 Those
who are in sacred orders invalidly attempt marriage.
Can. 1088 Those
who are bound by a public perpetual vow of chastity in a religious institute
invalidly attempt marriage.
Can. 1089 No
marriage can exist between a man and a woman who has been abducted, or at least
detained, with a view to contracting a marriage with her, unless the woman,
after she has been separated from her abductor and established in a safe and
free place, chooses marriage of her own accord.
Can. 1090 §1 One
who, with a view to entering marriage with a particular person, has killed that
person’s spouse, or his or her own spouse, invalidly attempts this marriage.
§2 They also
invalidly attempt marriage with each other who, by mutual physical or moral
action, brought about the death of either’s spouse.
Can. 1091 §1
Marriage is invalid between those related by consanguinity in all degrees of
the direct line, whether ascending or descending, legitimate or natural.
§2 In the
collateral line, it is invalid up to the fourth degree inclusive.
§3 The impediment
of consanguinity is not multiplied.
§4 A marriage is
never to be permitted if a doubt exists as to whether the parties are related
by consanguinity in any degree of the direct line, or in the second degree of
the collateral line.
Can. 1092
Affinity in any degree of the direct line invalidates marriage.
Can. 1093 The
impediment of public propriety arises when a couple live together after an
invalid marriage, or from a notorious or public concubinage. It invalidates
marriage in the first degree of the direct line between the man and those
related by consanguinity to the woman, and vice versa.
Can. 1094 Those
who are legally related by reason of adoption cannot validly marry each other
if their relationship is in the direct line or in the second degree of the
collateral line.
Can. 1095 The
following are incapable of contracting marriage:
1° those who lack
sufficient use of reason;
2° those who
suffer from a grave lack of discretionary judgement concerning the essential
matrimonial rights and obligations to be mutually given and accepted;
3° those who,
because of causes of a psychological nature, are unable to assume the essential
obligations of marriage.
Can. 1096 §1 For
matrimonial consent to exist, it is necessary that the contracting parties be
at least not ignorant of the fact that marriage is a permanent partnership
between a man and a woman, ordered to the procreation of children through some
form of sexual cooperation.
§2 This ignorance
is not presumed after puberty.
Can. 1097 §1
Error about a person renders a marriage invalid.
§2 Error about a
quality of the person, even though it be the reason for the contract, does not
render a marriage invalid unless this quality is directly and principally
intended.
Can. 1098 A
person contracts invalidly who enters marriage inveigled by deceit, perpetrated
in order to secure consent, concerning some quality of the other party, which
of its very nature can seriously disrupt the partnership of conjugal life.
Can. 1099
Provided it does not determine the will, error concerning the unity or the
indissolubility or the sacramental dignity of marriage does not vitiate
matrimonial consent.
Can. 1100
Knowledge of or opinion about the nullity of a marriage does not necessarily exclude
matrimonial consent.
Can. 1101 §1 The
internal consent of the mind is presumed to conform to the words or the signs
used in the celebration of a marriage.
§2 If, however,
either or both of the parties should by a positive act of will exclude marriage
itself or any essential element of marriage or any essential property, such
party contracts invalidly.
Can. 1102 §1
Marriage cannot be validly contracted subject to a condition concerning the
future.
§2 Marriage
entered into subject to a condition concerning the past or the present is valid
or not, according as whatever is the basis of the condition exists or not.
§3 However, a
condition as mentioned in §2 may not lawfully be attached except with the
written permission of the local Ordinary.
Can. 1103 A
marriage is invalid which was entered into by reason of force or of grave fear
imposed from outside, even if not purposely, from which the person has no
escape other than by choosing marriage.
Can. 1104 §1 To
contract marriage validly it is necessary that the contracting parties be
present together, either personally or by proxy
§2 The spouses
are to express their matrimonial consent in words; if, however, they cannot
speak, then by equivalent signs.
Can. 1105 §1 For
a marriage by proxy to be valid, it is required:
1° that there be
a special mandate to contract with a specific person;
2° that the proxy
be designated by the mandator and personally discharge this function;
§2 For the
mandate to be valid, it is to be signed by the mandator, and also by the parish
priest or local Ordinary of the place in which the mandate is given or by a
priest delegated by either of them or by at least two witnesses, or it is to be
drawn up in a document which is authentic according to the civil law.
§3 If the
mandator cannot write, this is to be recorded in the mandate and another
witness added who is also to sign the document; otherwise, the mandate is
invalid.
§4 If the
mandator revokes the mandate, or becomes insane, before the proxy contracts in
his or her name, the marriage is invalid, even though the proxy or the other
contracting party is unaware of the fact.
Can. 1106
Marriage can be contracted through an interpreter, but the parish priest may
not assist at such a marriage unless he is certain of the trustworthiness of
the interpreter.
Can. 1107 Even if
a marriage has been entered into invalidly by reason of an impediment or defect
of form, the consent given is presumed to persist until its withdrawal has been
established.
Can. 1108 §1 Only
those marriages are valid which are contracted in the presence of the local
Ordinary or parish priest or of the priest or deacon delegated by either of
them, who, in the presence of two witnesses, assists, in accordance however
with the rules set out in the following canons, and without prejudice to the
exceptions mentioned in cann. 144, 1112 §1, 1116 and 1127 §§2‑3.
§2 Only that
person who, being present, asks the contracting parties to manifest their
consent and in the name of the Church receives it, is understood to assist at a
marriage.
Can. 1109 Within
the limits of their territory, the local Ordinary and the parish priest by
virtue of their office validly assist at the marriages not only of their
subjects, but also of non‑subjects, provided one or other of the parties
is of the latin rite. They cannot assist if by sentence or decree they have
been excommunicated, placed under interdict or suspended from office, or been
declared to be such.
Can. 1110 A
personal Ordinary and a personal parish priest by virtue of their office
validly assist, within the confines of their jurisdiction, at the marriages
only of those of whom at least one party is their subject.
Can. 1111 §1 As
long as they validly hold office, the local Ordinary and the parish priest can
delegate to priests and deacons the faculty, even the general faculty, to
assist at marriages within the confines of their territory.
§2 In order that
the delegation of the faculty to assist at marriages be valid, it must be
expressly given to specific persons; if there is question of a special
delegation, it is to be given for a specific marriage; if however there is
question of a general delegation, it is to be given in writing.
Can. 1112 §1
Where there are no priests and deacons, the diocesan Bishop can delegate lay
persons to assist at marriages, if the Episcopal Conference has given its prior
approval and the permission of the Holy See has been obtained.
§2 A suitable lay
person is to be selected, capable of giving instruction to those who are
getting married, and fitted to conduct the marriage liturgy properly.
Can. 1113 §1
Before a special delegation is granted, provision is to be made for all those
matters which the law prescribes to establish the freedom to marry.
Can. 1114 One who
assists at a marriage acts unlawfully unless he has satisfied himself of the
parties’ freedom to marry in accordance with the law and, whenever he assists
by virtue of a general delegation, has satisfied himself of the parish priest’s
permission, if this is possible.
Can. 1115
Marriages are to be celebrated in the parish in which either of the contracting
parties has a domicile or a quasi‑domicile or a month’s residence or, if
there is question of vagi, in the parish in which they are actually residing.
With the permission of the proper Ordinary or the proper parish priest,
marriages may be celebrated elsewhere.
Can. 1116 §1 If
one who, in accordance with the law, is competent to assist, cannot be present
or be approached without grave inconvenience, those who intend to enter a true
marriage can validly and lawfully contract in the presence of witnesses only:
1° in danger of
death;
2° apart from
danger of death, provided it is prudently foreseen that this state of affairs
will continue for a month.
§2 In either
case, if another priest or deacon is at hand who can be present, he must be
called upon and, together with the witnesses, be present at the celebration of
the marriage, without prejudice to the validity of the marriage in the presence
of only the witnesses.
Can. 1117 The
form prescribed above is to be observed if at least one of the parties
contracting marriage was baptised in the catholic Church or received into it
and has not by a formal act defected from it, without prejudice to the
provisions of can. 1127 §2.
Can. 1118 §1 A
marriage between catholics, or between a catholic party and a baptised non‑catholic,
is to be celebrated in the parish church. By permission of the local Ordinary
or of the parish priest, it may be celebrated in another church or oratory.
§2 The local
Ordinary can allow a marriage to be celebrated in another suitable place.
§3 A marriage
between a catholic party and an unbaptised party may be celebrated in a church
or in another suitable place.
Can. 1119 Apart
from a case of necessity, in the celebration of marriage those rites are to be
observed which are prescribed in the liturgical books approved by the Church,
or which are acknowledged by lawful customs.
Can. 1120 The
Episcopal Conference can draw up its own rite of marriage, in keeping with
those usages of place and people which accord with the christian spirit; it is
to be reviewed by the Holy See, and it is without prejudice to the law that the
person who is present to assist at the marriage is to ask for and receive the
expression of the consent of the contracting parties.
Can. 1121 §1 As
soon as possible after the celebration of a marriage, the parish priest of the
place of celebration or whoever takes his place, even if neither has assisted
at the marriage, is to record in the marriage register the names of the
spouses, of the person who assisted and of the witnesses, and the place and
date of the celebration of the marriage; this is to be done in the manner
prescribed by the Episcopal Conference or by the diocesan Bishop.
§2 Whenever a
marriage is contracted in accordance with can. 1116, the priest or deacon, if
he was present at the celebration, otherwise the witnesses, are bound jointly
with the contracting parties as soon as possible to inform the parish priest or
the local Ordinary about the marriage entered into.
§3 In regard to a
marriage contracted with a dispensation from the canonical form, the local
Ordinary who granted the dispensation is to see to it that the dispensation and
the celebration are recorded in the marriage register both of the curia, and of
the proper parish of the catholic party whose parish priest carried out the
inquiries concerning the freedom to marry. The catholic spouse is obliged as
soon as possible to notify that same Ordinary and parish priest of the fact
that the marriage was cele brated, indicating also the place of celebration and
the public form whichwas observed.
Can. 1122 §1 A
marriage which has been contracted is to be recorded also in the baptismal
registers in which the baptism of the spouses was entered.
§2 If a spouse
contracted marriage elsewhere than in the parish of baptism, the parish priest
of the place of celebration is to send a notification of the marriage as soon
as possible to the parish priest of the place of baptism.
Can. 1123
Whenever a marriage is validated for the external forum, or declared invalid,
or lawfully dissolved other than by death, the parish priest of the place of
the celebration of the marriage must be informed, so that an entry may be duly
made in the registers of marriage and of baptism.
Can. 1124 Without
the express permission of the competent authority, marriage is prohibited
between two baptised persons, one of whom was baptised in the catholic Church
or received into it after baptism and has not defected from it by a formal act,
the other of whom belongs to a Church or ecclesial community not in full
communion with the catholic Church.
Can. 1125 The
local Ordinary can grant this permission if there is a just and reasonable
cause. He is not to grant it unless the following conditions are fulfilled:
1° the catholic
party is to declare that he or she is prepared to remove dangers of defecting
from the faith, and is to make a sincere promise to do all in his or her power
in order that all the children be baptised and brought up in the catholic
Church;
2° the other
party is to be informed in good time of these promises to be made by the
catholic party, so that it is certain that he or she is truly aware of the
promise and of the obligation of the catholic party
3° both parties
are to be instructed about the purposes and essential properties of marriage,
which are not to be excluded by either contractant.
Can. 1126 It is
for the Episcopal Conference to prescribe the manner in which these
declarations and promises, which are always required, are to be made, and to
determine how they are to be established in the external forum, and how the non‑catholic
party is to be informed of them.
Can. 1127 §1 The
provisions of can. 1108 are to be observed in regard to the form to be used in
a mixed marriage. If, however, the catholic party contracts marriage with a non‑catholic
party of oriental rite, the canonical form of celebration is to be observed for
lawfulness only; for validity, however, the intervention of a sacred minister
is required, while observing the other requirements of law.
§2 If there are
grave difficulties in the way of observing the canonical form, the local
Ordinary of the catholic party has the right to dispense from it in individual
cases, having however consulted the Ordinary of the place of the celebration of
the marriage; for validity, however, some public form of celebration is
required. It is for the Episcopal Conference to establish norms whereby this
dispensation may be granted in a uniform manner.
§3 It is
forbidden to have, either before or after the canonical celebration in
accordance with §1, another religious celebration of the same marriage for the
purpose of giving or renewing matrimonial consent. Likewise, there is not to be
a religious celebration in which the catholic assistant and a non‑catholic
minister, each performing his own rite, ask for the consent of the parties.
Can. 1128 Local
Ordinaries and other pastors of souls are to see to it that the catholic spouse
and the children born of a mixed marriage are not without the spiritual help
needed to fulfil their obligations; they are also to assist the spouses to
foster the unity of conjugal and family life.
Can. 1129 The
provisions of cann. 1127 and 1128 are to be applied also to marriages which are
impeded by the impediment of disparity of worship mentioned in can. 1086 §1.
Can. 1130 For a
grave and urgent reason, the local Ordinary may permit that a marriage be
celebrated in secret.
Can. 1131
Permission to celebrate a marriage in secret involves:
1° that the
investigations to be made before the marriage are carried out in secret;
2° that the
secret in regard to the marriage which has been celebrated is observed by the
local Ordinary, by whoever assists, by the witnesses and by the spouses.
Can. 1132 The
obligation of observing the secret mentioned in can. 1131 n. 2 ceases for the
local Ordinary if from its observance a threat arises of grave scandal or of
grave harm to the sanctity of marriage. This fact is to be made known to the
parties before the celebration of the marriage.
Can. 1133 A
marriage celebrated in secret is to be recorded only in a special register
which is to be kept in the secret archive of the curia.
Can. 1134 From a
valid marriage there arises between the spouses a bond which of its own nature
is permanent and exclusive. Moreover, in christian marriage the spouses are by
a special sacrament strengthened and, as it were, consecrated for the duties
and the dignity of their state.
Can. 1135 Each
spouse has an equal obligation and right to whatever pertains to the
partnership of conjugal life.
Can. 1136 Parents
have the most grave obligation and the primary right to do all in their power
to ensure their children’s physical, social, cultural, moral and religious
upbringing.
Can. 1137
Children who are conceived or born of a valid or of a putative marriage are
legitimate.
Can. 1138 §1 The
father is he who is identified by a lawful marriage, unless by clear arguments
the contrary is proven.
§2 Children are
presumed legitimate who are born at least 180 days after the date the marriage
was celebrated, or within 300 days from the date of the dissolution of conjugal
life.
Can. 1139
Illegitimate children are legitimated by the subsequent marriage of their
parents, whether valid or putative, or by a rescript of the Holy See.
Can. 1140 As far
as canonical effects are concerned, legitimated children are equivalent to
legitimate children in all respects, unless it is otherwise expressly provided
by the law.
Can. 1141 A
marriage which is ratified and consummated cannot be dissolved by any human
power or by any cause other than death.
Can. 1142 A non‑consummated
marriage between baptised persons or between a baptised party and an unbaptised
party can be dissolved by the Roman Pontiff for a just reason, at the request
of both parties or of either party, even if the other is unwilling.
Can. 1143 §1 In
virtue of the pauline privilege, a marriage entered into by two unbaptised
persons is dissolved in favour of the faith of the party who received baptism,
by the very fact that a new marriage is contracted by that same party, provided
the unbaptised party departs.
§2 The unbaptised
party is considered to depart if he or she is unwilling to live with the
baptised party, or to live peacefully without offence to the Creator, unless
the baptised party has, after the reception of baptism, given the other just
cause to depart.
Can. 1144 §1 For
the baptised person validly to contract a new marriage, the unbaptised party
must always be interpellated whether:
1° he or she also
wishes to receive baptism;
2° he or she at
least is willing to live peacefully with the baptised party without offence to
the Creator.
§2 This
interpellation is to be done after baptism. However, the local Ordinary can for
a grave reason permit that the interpellation be done before baptism; indeed he
can dispense from it, either before or after baptism, provided it is
established, by at least a summary and extrajudicial procedure, that it cannot
be made or that it would be useless.
Can. 1145 As a
rule, the interpellation is to be done on the authority of the local Ordinary
of the converted party. A period of time for reply is to be allowed by this
Ordinary to the other party, if indeed he or she asks for it, warning the person
however that if the period passes without any reply, silence will be taken as a
negative response.
§2 Even an
interpellation made privately by the converted party is valid, and indeed it is
lawful if the form prescribed above cannot be observed.
§3 In both cases
there must be lawful proof in the external forum of the interpellation having
been done and of its outcome.
Can. 1146 The
baptised party has the right to contract a new marriage with a catholic:
1° if the other
party has replied in the negative to the interpellation, or if the
interpellation has been lawfully omitted;
2° if the
unbaptised person, whether already interpellated or not, who at first
persevered in peaceful cohabitation without offence to the Creator, has
subsequently departed without just cause, without prejudice to the provisions
of cann. 1144 and 1145.
Can. 1147
However, the local Ordinary can for a grave reason allow the baptised party,
using the pauline privilege, to contract marriage with a non‑catholic
party, whether baptised or unbaptised; in this case, the provisions of the
canons on mixed marriages must also be observed.
Can. 1148 §1 When
an unbaptised man who simultaneously has a number of unbaptised wives, has
received baptism in the catholic Church, if it would be a hardship for him to
remain with the first of the wives, he may retain one of them, having dismissed
the others. The same applies to an unbaptised woman who simultaneously has a
number of unbaptised husbands.
§2 In the cases
mentioned in §1, when baptism has been received, the marriage is to be
contracted in the legal form, with due observance, if need be, of the
provisions concerning mixed marriages and of other provisions of law.
§3 In the light
of the moral, social and economic circumstances of place and person, the local
Ordinary is to ensure that adequate provision is made, in accordance with the
norms of justice, christian charity and natural equity, for the needs of the
first wife and of the others who have been dismissed.
Can. 1149 An
unbaptised person who, having received baptism in the catholic Church, cannot
re‑establish cohabitation with his or her unbaptised spouse by reason of
captivity or persecution, can contract another marriage, even if the other
party has in the meantime received baptism, without prejudice to the provisions
of can. 1141.
Can. 1150 In a
doubtful matter the privilege of the faith enjoys the favour of law.
Can. 1151 Spouses
have the obligation and the right to maintain their common conjugal life,
unless a lawful reason excuses them.
Can. 1152 §1 It
is earnestly recommended that a spouse, motivated by christian charity and
solicitous for the good of the family, should not refuse to pardon an
adulterous partner and should not sunder the conjugal life. Nevertheless, if
that spouse has not either expressly or tacitly condoned the other’s fault, he
or she has the right to sever the common conjugal life, provided he or she has
not consented to the adultery, nor been the cause of it, nor also committed
adultery.
§2 Tacit
condonation occurs if the innocent spouse, after becoming aware of the
adultery, has willingly engaged in a marital relationship with the other
spouse; it is presumed, however, if the innocent spouse has maintained the
common conjugal life for six months, and has not had recourse to ecclesiastical
or to civil authority.
§3 Within six
months of having spontaneously terminated the common conjugal life, the
innocent spouse is to bring a case for separation to the competent
ecclesiastical authority. Having examined all the circumstances, this authority
is to consider whether the innocent spouse can be brought to condone the fault
and not prolong the separation permanently.
Can. 1153 §1 A
spouse who occasions grave danger of soul or body to the other or to the
children, or otherwise makes the common life unduly difficult, provides the
other spouse with a reason to leave, either by a decree of the local Ordinary
or, if there is danger in delay, even on his or her own authority.
§2 In all cases,
when the reason for separation ceases, the common conjugal life is to be
restored, unless otherwise provided by ecclesiastical authority.
Can. 1154 When a
separation of spouses has taken place, provision is always, and in good time,
to be made for the due maintenance and upbringing of the children.
Can. 1155 The
innocent spouse may laudably readmit the other spouse to the conjugal life, in
which case he or she renounces the right to separation .
Can. 1156 §1 To
validate a marriage which is invalid because of a diriment impediment, it is
required that the impediment cease or be dispensed, and that at least the party
aware of the impediment renews consent.
§2 This renewal
is required by ecclesiastical law for the validity of the validation, even if
at the beginning both parties had given consent and had not afterwards
withdrawn it.
Can. 1157 The
renewal of consent must be a new act of will consenting to a marriage which the
renewing party knows or thinks was invalid from the beginning.
Can. 1158 §1 If
the impediment is public, consent is to be renewed by both parties in the
canonical form, without prejudice to the provision of Can. 1127 §3.
§2 If the
impediment cannot be proved, it is sufficient that consent be renewed privately
and in secret, specifically by the party who is aware of the impediment
provided the other party persists in the consent given, or by both parties if
the impediment is known to both.
Can. 1159 §1 A
marriage invalid because of a defect of consent is validated if the party who
did not consent, now does consent, provided the consent given by the other
party persists.
2‑ If the
defect of the consent cannot be proven, it is sufficient that the party who did
not consent, gives consent privately and in secret.
§3 If the defect
of consent can be proven, it is necessary that consent be given in the
canonical form.
Can. 1160 For a
marriage which is invalid because of defect of form to become valid, it must be
contracted anew in the canonical form, without prejudice to the provisions of
Can. 1127 §3[[4]].
Can. 1161 §1 The
retroactive validation of an invalid marriage is its validation without the
renewal of consent, granted by the competent authority. It involves a
dispensation from an impediment if there is one and from the canonical form if
it had not been observed, as well as a referral back to the past of the
canonical effects.
§2 The validation
takes place from the moment the favour is granted; the referral back, however,
is understood to have been made to the moment the marriage was celebrated,
unless it is otherwise expressly provided.
§3 A retroactive
validation is not to be granted unless it is probable that the parties intend
to persevere in conjugal life.
Can. 1162 §1 If
consent is lacking in either or both of the parties, a marriage cannot be
rectified by a retroactive validation, whether consent was absent from the
beginning or, though given at the beginning, was subsequently revoked.
§2 If the consent
was indeed absent from the beginning but was subsequently given, a retroactive
validation can be granted from the moment the consent was given.
Can. 1163 §1 A
marriage which is invalid because of an impediment or because of defect of the
legal form, can be validated retroactively, provided the consent of both
parties persists.
§2 A marriage
which is invalid because of an impediment of the natural law or of the divine
positive law, can be validated retroactively only after the impediment has
ceased.
Can. 1164 A
retroactive validation may validly be granted even if one or both of the
parties is unaware of it; it is not, however, to be granted except for a grave
reason.
Can. 1165 §1
Retroactive validation can be granted by the Apostolic See.
§2 It can be
granted by the diocesan Bishop in individual cases, even if a number of reasons
for nullity occur together in the same marriage, assuming that for a
retroactive validation of a mixed marriage the conditions of Can. 1125 will
have been fulfilled. It cannot, however, be granted by him if there is an
impediment whose dispensation is reserved to the Apostolic See in accordance
with Can. 1078 §2, or if there is question of an impediment of the natural law
or of the divine positive law which has now ceased.
Can. 1166
Sacramentals are sacred signs which in a sense imitate the sacraments. They
signify certain effects, especially spiritual ones, and they achieve these
effects through the intercession of the Church.
Can. 1167 §1 Only
the Apostolic See can establish new sacramentals, or authentically interpret,
suppress or change existing ones.
§2 The rites and
the formulae approved by ecclesiastical authority are to be accurately observed
when celebrating or administering sacramentals.
Can. 1168 The
minister of the sacramentals is a cleric who has the requisite power. In
accordance with the liturgical books and subject to the judgement of the local
Ordinary, certain sacramentals can also be administered by lay people who
possess the appropriate qualities.
Can. 1169 §1
Consecrations and dedications can be validly carried out by those who are
invested with the episcopal character, and by priests who are permitted to do
so by law or by legitimate grant.
§2 Any priest can
impart blessings, except for those reserved to the Roman Pontiff or to Bishops.
§3 A deacon can
impart only those blessings which are expressly permitted to him by law.
Can. 1170 While
blessings are to be imparted primarily to catholics, they may be given also to
catechumens and, unless there is a prohibition by the Church, even to non‑catholics.
Can. 1171 Sacred
objects, set aside for divine worship by dedication or blessing, are to be
treated with reverence. They are not to be made over to secular or
inappropriate use, even though they may belong to private persons.
Can. 1172 §1 No
one may lawfully exorcise the possessed without the special and express
permission of the local Ordinary.
§2 This
permission is to be granted by the local Ordinary only to a priest who is
endowed with piety, knowledge, prudence and integrity of life.
Can. 1173 In
fulfilment of the priestly office of Christ, the Church celebrates the liturgy
of the hours, wherein it listens to God speaking to his people and recalls the
mystery of salvation. In this way, the Church praises God without ceasing, in
song and prayer, and it intercedes with him for the salvation of the whole
world.
Can. 1174 §1
Clerics are obliged to recite the liturgy of the hours, in accordance with Can.
276, §2, n. 3; members of institutes of consecrated life and of societies of
apostolic life are obliged in accordance with their constitutions.
§2 Others also of
Christ’s faithful are earnestly invited, according to circumstances, to take
part in the liturgy of the hours as an action of the Church.
Can. 1175 In
carrying out the liturgy of the hours, each particular hour is, as far as
possible, to be recited at the time assigned to it.
Can. 1176 §1
Christ’s faithful who have died are to be given a Church funeral according to
the norms of law.
§2 Church
funerals are to be celebrated according to the norms of the liturgical books.
In these funeral rites the Church prays for the spiritual support of the dead,
it honours their bodies, and at the same time it brings to the living the
comfort of hope.
§3 The Church
earnestly recommends that the pious custom of burial be retained; but it does
not forbid cremation, unless this is chosen for reasons which are contrary to
christian teaching.
Can. 1177 §1 The
funeral of any deceased member of the faithful should normally be celebrated in
the church of that person’s proper parish.
§2 However, any
member of the faithful, or those in charge of the deceased person’s funeral,
may choose another church; this requires the consent of whoever is in charge of
that church and a notification to the proper parish priest of the deceased.
§3 When death has
occurred outside the person’s proper parish, and the body is not returned
there, and another church has not been chosen, the funeral rites are to be
celebrated in the church of the parish where the death occurred, unless another
church is determined by particular law.
Can. 1178 The
funeral ceremonies of a diocesan Bishop are to be celebrated in his own
cathedral church, unless he himself has chosen another church.
Can. 1179
Normally, the funerals of religious or of members of a society of apostolic
life are to be celebrated in their proper church or oratory: by the Superior,
if the institute or society is a clerical one; otherwise, by the chaplain.
Can. 1180 §1 If a
parish has its own cemetery, the deceased faithful are to be buried there,
unless another cemetery has lawfully been chosen by the deceased person, or by
those in charge of that person’s burial.
§2 All may,
however, choose their cemetery of burial unless prohibited by law from doing
so.
Can. 1181 The provisions
of Can. 1264 are to be observed in whatever concerns the offerings made on the
occasion of funerals. Moreover, care is to be taken that at funerals there is
to be no preference of persons, and that the poor are not deprived of proper
funeral rites.
Can. 1182 After
the burial an entry is to be made in the register of the dead, in accordance
with particular law.
Can. 1183 §1 As
far as funeral rites are concerned, catechumens are to be reckoned among
Christ’s faithful.
§2 Children whose
parents had intended to have them baptised but who died before baptism, may be
allowed Church funeral rites by the local Ordinary.
§3 Provided their
own minister is not available, baptised persons belonging to a non‑catholic
Church or ecclesial community may, in accordance with the prudent judgement of
the local Ordinary, be allowed Church funeral rites, unless it is established
that they did not wish this.
Can. 1184 §1
Church funeral rites are to be denied to the following, unless they gave some
signs of repentance before death:
1° notorious
apostates, heretics and schismatics;
2° those who for
anti‑christian motives chose that their bodies be cremated;
3° other manifest
sinners to whom a Church funeral could not be granted without public scandal to
the faithful.
§2 If any doubt
occurs, the local Ordinary is to be consulted and his judgement followed.
Can. 1185 Any
form of funeral Mass is also to be denied to a person who has been excluded from
a Church funeral.
Can. 1186 To
foster the sanctification of the people of God, the Church commends to the
special and filial veneration of Christ’s faithful the Blessed Mary ever‑Virgin,
the Mother of God, whom Christ constituted the Mother of all. The Church also
promotes the true and authentic cult of the other Saints, by whose example the
faithful are edified and by whose intercession they are supported.
Can. 1187 Only
those servants of God may be venerated by public cult who have been numbered by
ecclesiastical authority among the Saints or the Blessed.
Can. 1188 The
practice of exposing sacred images in churches for the veneration of the
faithful is to be retained. However, these images are to be displayed in
moderate numbers and in suitable fashion, so that the christian people are not
disturbed, nor is occasion given for less than appropriate devotion.
Can. 1189 The
written permission of the Ordinary is required to restore precious images
needing repair: that is, those distinguished by reason of age, art or cult,
which are exposed in churches and oratories to the veneration of the faithful.
Before giving such permission, the Ordinary is to seek the advice of experts.
Can. 1190 §1 It
is absolutely wrong to sell sacred relics.
§2 Distinguished
relics, and others which are held in great veneration by the people, may not
validly be in any way alienated nor transferred on a permanent basis, without
the permission of the Apostolic See.
§3 The provision
of §2 applies to images which are greatly venerated in any church by the
people.
Can. 1191 §1 A
vow is a deliberate and free promise made to God, concerning some good which is
possible and better. The virtue of religion requires that it be fulfilled.
§2 Unless they
are prohibited by law, all who have an appropriate use of reason are capable of
making a vow.
§3 A vow made as
a result of grave and unjust fear or of deceit is by virtue of the law itself
invalid.
Can. 1192 §1 A
vow is public if it is accepted in the name of the Church by a lawful Superior;
otherwise, it is private.
§2 It is solemn
if it is recognised by the Church as such; otherwise, it is simple.
§3 It is personal
if it promises an action by the person making the vow; real, if it promises
some thing; mixed, if it has both a personal and a real aspect.
Can. 1193 Of its
nature a vow obliges only the person who makes it.
Can. 1194 A vow
ceases by lapse of the time specified for the fulfilment of the obligation, or
by a substantial change in the matter promised, or by cessation of a condition
upon which the vow depended or of the purpose of the vow, or by dispensation,
or by commutation.
Can. 1195 A
person who has power over the matter of a vow can suspend the obligation of the
vow for such time as the fulfilment of the vow would affect that person
adversely.
Can. 1196 Besides
the Roman Pontiff, the following can dispense from private vows, provided the
dispensation does not injure the acquired rights of others;
1° the local
Ordinary and the parish priest, in respect of all their own subjects and also
of peregrini;
2° the Superior
of a religious institute or of a society of apostolic life, if these are
clerical and of pontifical right, in respect of members, novices and those who
reside day and night in a house of the institute or society;
3° those to whom
the faculty of dispensing has been delegated by the Apostolic See or by the
local Ordinary.
Can. 1197 What
has been promised by private vow can be commuted into something better or
equally good by the person who made the vow. It can be commuted into something
less good by one who has authority to dispense in accordance with Can. 1196.
Can. 1198 Vows
taken before religious profession are suspended as long as the person who made
the vow remains in the religious institute.
Can. 1199 §1 An
oath is the invocation of the divine Name as witness to the truth. It cannot be
taken except in truth, judgement and justice.
§2 An oath which
is required or accepted by the canons cannot validly be taken by proxy.
Can. 1200 §1 A
person who freely swears on oath to do something is specially obliged by the
virtue of religion to fulfil that which he or she asserted by the oath.
§2 An oath
extorted by deceit, force or grave fear is by virtue of the law itself invalid.
Can. 1201 §1 A
promissory oath is determined by the nature and condition of the act to which
it is attached.
§2 An act which
directly threatens harm to others or is prejudicial to the public good or to
eternal salvation, is in no way reinforced by an oath sworn to do that act.
Can. 1202 §1 The
obligation of a promissory oath ceases:
1° if it is
remitted by the person in whose favour the oath was sworn;
2° if what was
sworn is substantially changed or, because of altered circumstances, becomes
evil or completely irrelevant, or hinders a greater good;
3° if the purpose
or the condition ceases under which the oath may have been made;
4° by
dispensation or commutation in accordance with Can. 1203.
Can. 1203 Those
who can suspend, dispense or commute a vow have, in the same measure, the same
power over a promissory oath. But if dispensation from an oath would tend to
harm others and they refuse to remit the obligation, only the Apostolic See can
dispense the oath.
Can. 1204 An oath
is subject to strict interpretation, in accordance with the law and with the
intention of the person taking the oath or, if that person acts deceitfully, in
accordance with the intention of the person in whose presence the oath is
taken.
Can. 1205 Sacred
places are those which are assigned to divine worship or to the burial of the
faithful by the dedication or blessing which the liturgical books prescribe for
this purpose.
Can. 1206 The
dedication of a place belongs to the diocesan Bishop and to those equivalent to
him in law. For a dedication in their own territory they can depute any Bishop
or, in exceptional cases, a priest.
Can. 1207 Sacred
places are blessed by the Ordinary, but the blessing of churches is reserved to
the diocesan Bishop. Both may, however, delegate another priest for the
purpose.
Can. 1208 A
document is to be drawn up to record the dedication or blessing of a church, or
the blessing of a cemetery. One copy is to be kept in the diocesan curia, the
other in the archive of the church.
Can. 1209 The
dedication or the blessing of a place is sufficiently established even by a
single unexceptionable witness, provided no one is harmed thereby.
Can. 1210 In a
sacred place only those things are to be permitted which serve to exercise or
promote worship, piety and religion. Anything out of harmony with the holiness
of the place is forbidden. The Ordinary may however, for individual cases,
permit other uses, provided they are not contrary to the sacred character of
the place.
Can. 1211 Sacred
places are desecrated by acts done in them which are gravely injurious and give
scandal to the faithful when, in the judgement of the local Ordinary, these
acts are so serious and so contrary to the sacred character of the place that
worship may not be held there until the harm is repaired by means of the
penitential rite which is prescribed in the liturgical books.
Can. 1212 Sacred
places lose their dedication or blessing if they have been in great measure
destroyed, or if they have been permanently made over to secular usage, whether
by decree of the competent Ordinary or simply in fact.
Can. 1213
Ecclesiastical authority freely exercises its powers and functions in sacred
places.
Can. 1214 The
term church means a sacred building intended for divine worship, to which the
faithful have right of access for the exercise, especially the public exercise,
of divine worship.
Can. 1215 §1 No
church is to be built without the express and written consent of the diocesan
Bishop.
§2 The diocesan
Bishop is not to give his consent until he has consulted the council of priests
and the rectors of neighbouring churches, and then decides that the new church
can serve the good of souls and that the necessary means will be available to
build the church and to provide for divine worship.
§3 Even though
they have received the diocesan Bishop’s consent to establish a new house in a
diocese or city, religious institutes must obtain the same Bishop’s permission
before they may build a church in a specific and determined place.
Can. 1216 In the
building and restoration of churches the advice of experts is to be used, and
the principles and norms of liturgy and of sacred art are to be observed.
Can. 1217 §1 As
soon as possible after completion of the building the new church is to be
dedicated or at least blessed, following the laws of the sacred liturgy.
§2 Churches,
especially cathedrals and parish churches, are to be dedicated by a solemn
rite.
Can. 1218 Each
church is to have its own title. Once the church has been dedicated this title
cannot be changed.
Can. 1219 All
acts of divine worship may be carried out in a church which has been lawfully
dedicated or blessed, without prejudice to parochial rights.
Can. 1220 §1
Those responsible are to ensure that there is in churches such cleanliness and
ornamentation as befits the house of God, and that anything which is discordant
with the sacred character of the place is excluded.
§2 Ordinary
concern for preservation and appropriate means of security are to be employed
to safeguard sacred and precious goods.
Can. 1221 Entry
to a church at the hours of sacred functions is to be open and free of charge.
Can. 1222 §1 If a
church cannot in any way be used for divine worship and there is no possibility
of its being restored, the diocesan Bishop may allow it to be used for some
secular but not unbecoming purpose.
§2 Where other
grave reasons suggest that a particular church should no longer be used for
divine worship, the diocesan Bishop may allow it to be used for a secular but
not unbecoming purpose. Before doing so, he must consult the council of
priests; he must also have the consent of those who could lawfully claim rights
over that church, and be sure that the good of souls would not be harmed by the
transfer.
Can. 1223 An
oratory means a place which, by permission of the Ordinary, is set aside for
divine worship, for the convenience of some community or group of the faithful
who assemble there, to which however other members of the faithful may, with
the consent of the competent Superior, have access.
Can. 1224 §1 The
Ordinary is not to give the permission required for setting up an oratory
unless he has first, personally or through another, inspected the place
destined for the oratory and found it to be becomingly arranged.
§2 Once this
permission has been given, the oratory cannot be converted to a secular usage
without the authority of the same Ordinary.
Can. 1225 All
sacred services may be celebrated in a lawfully constituted oratory, apart from
those which are excluded by the law, by a provision of the local Ordinary, or
by liturgical laws.
Can. 1226 The
term private chapel means a place which, by permission of the local Ordinary,
is set aside for divine worship, for the convenience of one or more
individuals.
Can. 1227 Bishops
can set up for their own use a private chapel which enjoys the same rights as
an oratory.
Can. 1228 Without
prejudice to the provision of Can. 1227, the permission of the local Ordinary
is required for the celebration of Mass and of other sacred functions in any
private chapel.
Can. 1229 It is
appropriate that oratories and private chapels be blessed according to the rite
prescribed in the liturgical books. They must, however, be reserved for divine
worship only and be freed from all domestic use.
Can. 1230 The
term shrine means a church or other sacred place which, with the approval of
the local Ordinary, is by reason of special devotion frequented by the faithful
as pilgrims.
Can. 1231 For a
shrine to be described as national, the approval of the Episcopal Conference is
necessary. For it to be described as international, the approval of the Holy
See is required.
Can. 1232 §1 The
local Ordinary is competent to approve the statutes of a diocesan shrine; the
Episcopal Conference, those of a national shrine; the Holy See alone, those of
an international shrine.
§2 The statutes
of a shrine are to determine principally its purpose, the authority of the
rector, and the ownership and administration of its property.
Can. 1233 Certain
privileges may be granted to shrines when the local circumstances, the number
of pilgrims and especially the good of the faithful would seem to make this
advisable.
Can. 1234 §1 At
shrines the means of salvation are to be more abundantly made available to the
faithful: by sedulous proclamation of the word of God, by suitable
encouragement of liturgical life, especially by the celebration of the
Eucharist and penance, and by the fostering of approved forms of popular
devotion.
§2 In shrines or
in places adjacent to them, votive offerings of popular art and devotion are to
be displayed and carefully safeguarded.
Can. 1235 §1 The
altar or table on which the eucharistic Sacrifice is celebrated is termed fixed
if it is so constructed that it is attached to the floor and therefore cannot
be moved; it is termed movable, if it can be removed.
§2 It is proper
that in every church there should be a fixed altar. In other places which are
intended for the celebration of sacred functions, the altar may be either fixed
or movable.
Can. 1236 §1 In
accordance with the traditional practice of the Church, the table of a fixed
altar is to be of stone, indeed of a single natural stone. However, even some
other worthy and solid material may be used, if the Episcopal Conference so
judges. The support or the base can be made from any material.
§2 A movable
altar can be made of any solid material which is suitable for liturgical use.
Can. 1237 §1
Fixed altars are to be dedicated, movable ones either dedicated or blessed,
according to the rites prescribed in the liturgical books.
§2 The ancient
tradition of placing relics of Martyrs or of other Saints within a fixed altar
is to be retained, in accordance with the rites prescribed in the liturgical
books.
Can. 1238 §1 An
altar loses its dedication or blessing in accordance with Can. 1212.
§2 Altars,
whether fixed or movable, do not lose their dedication or blessing as a result
of a church or other sacred place being made over to secular usage.
Can. 1239 §1 An
altar, whether fixed or movable, is to be reserved for divine worship alone, to
the exclusion of any secular usage.
§2 No corpse is
to be buried beneath an altar; otherwise, it is not lawful to celebrate Mass at
that altar.
Can. 1240 §1
Where possible, the Church is to have its own cemeteries, or at least an area
in public cemeteries which is duly blessed and reserved for the deceased
faithful.
§2 If, however,
this is not possible, then individual graves are to be blessed in due form on
each occasion.
Can. 1241 §1
Parishes and religious institutes may each have their own cemetery.
§2 Other
juridical persons or families may each have their own special cemetery or
burial place which, if the local Ordinary judges accordingly, is to be blessed.
Can. 1242 Bodies
are not to be buried in churches, unless it is a question of the Roman Pontiff
or of Cardinals or, in their proper Churches, of diocesan Bishops even retired.
Can. 1243
Appropriate norms are to be enacted by particular law for the management of
cemeteries, especially in what concerns the protection and the fostering of
their sacred character.
Can. 1244 §1 Only
the supreme ecclesiastical authority can establish, transfer or suppress
holydays or days of penance which are applicable to the universal Church,
without prejudice to the provisions of Can. 1246 §2.
§2 Diocesan
Bishops can proclaim special holydays or days of penance for their own dioceses
or territories, but only for individual occasions.
Can. 1245 Without
prejudice to the right of diocesan Bishops as in Can. 87, a parish priest, in
individual cases, for a just reason and in accordance with the prescriptions of
the diocesan Bishop, can give a dispensation from the obligation of observing a
holyday or day of penance, or commute the obligation into some other pious
works. The Superior of a pontifical clerical religious institute or society of
apostolic life has the same power in respect of his own subjects and of those
who reside day and night in a house of the institute or society.
Can. 1246 §1 The
Lord’s Day, on which the paschal mystery is celebrated, is by apostolic
tradition to be observed in the universal Church as the primary holyday of
obligation. In the same way the following holydays are to be observed: the
Nativity of Our Lord Jesus Christ, the Epiphany, the Ascension of Christ, the
feast of the Body and Blood of Christ, the feast of Mary the Mother of God, her
Immaculate Conception, her Assumption, the feast of St Joseph, the feast of the
Apostles SS Peter and Paul, and the feast of All Saints.
§2 However, the
Episcopal Conference may, with the prior approval of the Apostolic See,
suppress certain holydays of obligation or transfer them to a Sunday.
Can. 1247 On
Sundays and other holydays of obligation, the faithful are obliged to assist at
Mass. They are also to abstain from such work or business that would inhibit
the worship to be given to God, the joy proper to the Lord’s Day, or the due
relaxation of mind and body.
Can. 1248 §1 The
obligation of assisting at Mass is satisfied wherever Mass is celebrated in a
catholic rite either on a holyday itself or on the evening of the previous day.
§2 If it is
impossible to assist at a eucharistic celebration, either because no sacred
minister is available or for some other grave reason, the faithful are strongly
recommended to take part in a liturgy of the Word, if there be such in the
parish church or some other sacred place, which is celebrated in accordance
with the provisions laid down by the diocesan Bishop; or to spend an
appropriate time in prayer, whether personally or as a family or, as occasion
presents, in a group of families.
Can. 1249 All
Christ’s faithful are obliged by divine law, each in his or her own way, to do
penance. However, so that all may be joined together in a certain common
practice of penance, days of penance are prescribed. On these days the faithful
are in a special manner to devote themselves to prayer, to engage in works of
piety and charity, and to deny themselves, by fulfilling their obligations more
faithfully and especially by observing the fast and abstinence which the
following canons prescribe.
Can. 1250 The
days and times of penance for the universal Church are each Friday of the whole
year and the season of Lent.
Can. 1251
Abstinence from meat, or from some other food as determined by the Episcopal
Conference, is to be observed on all Fridays, unless a solemnity should fall on
a Friday. Abstinence and fasting are to be observed on Ash Wednesday and Good
Friday.
Can. 1252 The law
of abstinence binds those who have completed their fourteenth year. The law of
fasting binds those who have attained their majority, until the beginning of
their sixtieth year. Pastors of souls and parents are to ensure that even those
who by reason of their age are not bound by the law of fasting and abstinence,
are taught the true meaning of penance.
Can. 1253 The
Episcopal Conference can determine more particular ways in which fasting and
abstinence are to be observed. In place of abstinence or fasting it can
substitute, in whole or in part, other forms of penance, especially works of
charity and exercises of piety.
Can. 1254 §1 The
catholic Church has the inherent right, independently of any secular power, to
acquire, retain, administer and alienate temporal goods, in pursuit of its
proper objectives.
§2 These proper
objectives are principally the regulation of divine worship, the provision of
fitting support for the clergy and other ministers, and the carrying out of
works of the sacred apostolate and of charity, especially for the needy.
Can. 1255 The
universal Church, as well as the Apostolic See, particular Churches and all
other public and private juridical persons are capable of acquiring, retaining,
administering and alienating temporal goods, in accordance with the law.
Can. 1256 Under
the supreme authority of the Roman Pontiff, ownership of goods belongs to that
juridical person which has lawfully acquired them.
Can. 1257 §1 All
temporal goods belonging to the universal Church, to the Apostolic See or to
other public juridical persons in the Church, are ecclesiastical goods and are
regulated by the canons which follow, as well as by their own statutes.
§2 Unless it is
otherwise expressly provided, temporal goods belonging to a private juridical
person are regulated by its own statutes, not by these canons.
Can. 1258 In the
canons which follow, the term Church signifies not only the universal Church or
the Apostolic See, but also any public juridical person in the Church, unless
the contrary is clear from the context or from the nature of the matter.
Can. 1259 The
Church may acquire temporal goods in any way in which, by either natural or
positive law, it is lawful for others to do this.
Can. 1260 The
Church has the inherent right to require from the faithful whatever is
necessary for its proper objectives.
Can. 1261 §1 The
faithful have the right to donate temporal goods for the benefit of the Church.
§2 The diocesan
Bishop is bound to remind the faithful of the obligation mentioned in Can. 222
§1, and in an appropriate manner to urge it.
Can. 1262 The
faithful are to give their support to the Church in response to appeals and in
accordance with the norms laid down by the Episcopal Conference.
Can. 1263 The
diocesan Bishop, after consulting the finance committee and the council of
priests, has the right to levy on public juridical persons subject to his
authority a tax for the needs of the diocese. This tax must be moderate and
proportionate to their income. He may impose an extraordinary and moderate tax
on other physical and juridical persons only in a grave necessity and under the
same conditions, but without prejudice to particular laws and customs which may
give him greater rights.
Can. 1264 Unless
the law prescribes otherwise, it is for the provincial Bishops’ meeting to:
1° determine the
taxes, to be approved by the Apostolic See, for acts of executive authority
which grant a favour, or for the execution of rescripts from the Apostolic See;
2° determine the
offerings on the occasion of the administration of the sacraments and
sacramentals.
Can. 1265 §1
Without prejudice to the right of mendicant religious, all private juridical or
physical persons are forbidden to make a collection for any pious or
ecclesiastical institute or purpose without the written permission of their
proper Ordinary and of the local Ordinary.
§2 The Episcopal
Conference can draw up rules regarding collections, which must be observed by
all, including those who from their foundation are called and are ‘mendicants’.
Can. 1266 §1 In
all churches and oratories regularly open to Christ’s faithful, including those
belonging to religious institutes, the local Ordinary may order that a special
collection be taken up for specified parochial, diocesan, national or universal
initiatives. The collection must afterwards be carefully forwarded to the
diocesan curia.
Can. 1267 §1
Unless the contrary is clear, offerings made to Superiors or administrators of
any ecclesiastical juridical person, even a private one, are presumed to have
been made to the juridical person itself.
§2 If there is
question of a public juridical person, the offerings mentioned in §1 cannot be
refused except for a just reason and, in matters of greater importance, with
the permission of the Ordinary. Without prejudice to the provisions of Can.
1295, the permission of the Ordinary is also required for the acceptance of
offerings to which are attached some qualifying obligation or condition.
§3 Offerings
given by the faithful for a specified purpose may be used only for that
purpose.
Can. 1268 The
Church recognises prescription, in accordance with cann. 197‑199, as a
means both of acquiring temporal goods and of being freed from their
obligations.
Can. 1269 Sacred
objects in private ownership may be acquired by private persons by
prescription, but they may not be used for secular purposes unless they have
lost their dedication or blessing. If, however, they belong to a public
ecclesiastical juridical person, they may be acquired only by another public
ecclesiastical juridical person.
Can. 1270
Immovable goods, precious movable goods, rights and legal claims, whether
personal or real, which belong to the Apostolic See, are prescribed after a
period of one hundred years. For those goods which belong to another public
ecclesiastical juridical person, the period for prescription is thirty years.
Can. 1271 By
reason of their bond of unity and charity, and according to the resources of
their dioceses, Bishops are to join together to produce those means which the
Apostolic See may from time to time need to exercise properly its service of
the universal Church.
Can. 1272 In
those regions where benefices properly so called still exist, it is for the
Episcopal Conference to regulate such benefices by appropriate norms, agreed
with and approved by the Apostolic See. The purpose of these norms is that the
income and as far as possible the capital itself of the benefice should by
degrees be transferred to the fund mentioned in Can. 1274 §1.
Can. 1273 The
Roman Pontiff, by virtue of his primacy of governance, is the supreme
administrator and steward of all ecclesiastical goods.
Can. 1274 §1 In
every diocese there is to be a special fund which collects offerings and
temporal goods for the purpose of providing, in accordance with Can. 281, for
the support of the clergy who serve the diocese, unless they are otherwise
catered for.
§2 Where there is
as yet no properly organised system of social provision for the clergy, the
Episcopal Conference is to see that a fund is established which will furnish
adequate social security for them.
§3 To the extent
that it is required, a common reserve is to be established in every diocese by
which the Bishop is enabled to fulfil his obligations towards other persons who
serve the Church and to meet various needs of the diocese, this can also be the
means by which wealthier dioceses may help poorer ones.
§4 Depending on
differing local circumstances, the purposes described in §§2 and 3 might better
be achieved by amalgamating various diocesan funds, or by cooperation between
various dioceses, or even by setting up a suitable association for them, or
indeed for the whole territory of the Episcopal Conference itself.
§5 If possible,
these funds are to be established in such a manner that they will have standing
also in the civil law.
Can. 1275 A
reserve set up by a number of different dioceses is to be administered
according to norms opportunely agreed upon by the Bishops concerned.
Can. 1276 §1
Ordinaries must carefully supervise the administration of all the goods which
belong to public juridical persons subject to them, without prejudice to lawful
titles which may give the Ordinary greater rights.
§2 Taking into
account rights, lawful customs and the circumstances, Ordinaries are to
regulate the whole matter of the administration of ecclesiastical goods by
issuing special instructions, within the limits of universal and particular
law.
Can. 1277 In
carrying out acts of administration which, in the light of the financial
situation of the diocese, are of major importance, the diocesan Bishop must
consult the finance committee and the college of consultors. For acts of
extraordinary administration, except in cases expressly provided for in the
universal law or stated in the documents of foundation, the diocesan Bishop
needs the consent of the committee and of the college of consultors. It is for the
Episcopal Conference to determine what are to be regarded as acts of
extraordinary administration.
Can. 1278 Besides
the duties mentioned in Can. 494 §§3 and 4, the diocesan Bishop may also
entrust to the financial administrator the duties mentioned in Can. 1276 §1 and
Can. 1279 §2.
Can. 1279 §1 The
administration of ecclesiastical goods pertains to the one with direct power of
governance over the person to whom the goods belong, unless particular law or
statutes or legitimate custom state otherwise, and without prejudice to the
right of the Ordinary to intervene where there is negligence on the part of the
administrator.
§2 Where no
administrators are appointed for a public juridical person by law or by the
documents of foundation or by its own statutes, the Ordinary to which it is
subject is to appoint suitable persons as administrators for a three‑year
term. The same persons can be re‑appointed by the Ordinary.
Can. 1280 Every
juridical person is to have its own finance committee, or at least two counsellors,
who are to assist in the performance of the administrator’s duties, in
accordance with the statutes.
Can. 1281 §1
Without prejudice to the provisions of the statutes administrators act
invalidly when they go beyond the limits and manner of ordinary administration,
unless they have first received in writing from the Ordinary the faculty to do
so.
§2 The statutes
are to determine what acts go beyond the limits and manner of ordinary
administration. If the statutes are silent on this point, it is for the
diocesan Bishop, after consulting the finance committee, to determine these
acts for the persons subject to him.
§3 Except and
insofar as it is to its benefit, a juridical person is not held responsible for
the invalid actions of its administrators. The juridical person is, however,
responsible when such actions are valid but unlawful, without prejudice to its
right to bring an action or have recourse against the administrators who have
caused it damage.
Can. 1282 All
persons, whether clerics or laity, who lawfully take part in the administration
of ecclesiastical goods, are bound to fulfil their duties in the name of the
Church, in accordance with the law.
Can. 1283 Before
administrators undertake their duties:
1° they must take
an oath, in the presence of the Ordinary or his delegate, that they will well
and truly perform their office;
2° they are to
draw up a clear and accurate inventory, to be signed by themselves, of all
immovable goods, of those movable goods which are precious or of a high
cultural value, and of all other goods, with a description and an estimate of
their value; when this has been compiled, it is to be certified as correct;
3° one copy of
this inventory is to be kept in the administration office and another in the
curial archive; any change which takes place in the property is to be noted on
both copies.
Can. 1284 §1 All
administrators are to perform their duties with the diligence of a good
householder.
§2 Therefore they
must:
1° be vigilant
that no goods placed in their care in any way perish or suffer damage; to this
end they are, to the extent necessary, to arrange insurance contracts;
2° ensure that
the ownership of ecclesiastical goods is safeguarded in ways which are valid in
civil law;
3° observe the
provisions of canon and civil law, and the stipulations of the founder or donor
or lawful authority; they are to take special care that damage will not be
suffered by the Church through the non‑observance of the civil law;
4° seek
accurately and at the proper time the income and produce of the goods, guard
them securely and expend them in accordance with the wishes of the founder or
lawful norms;
5° at the proper
time pay the interest which is due by reason of a loan or pledge, and take care
that in due time the capital is repaid;
6° with the
consent of the Ordinary make use of money which is surplus after payment of
expenses and which can be profitably invested for the purposes of the juridical
person;
7° keep accurate
records of income and expenditure;
8° draw up an
account of their administration at the end of each year;
9° keep in order
and preserve in a convenient and suitable archive the documents and records
establishing the rights of the Church or institute to its goods; where
conveniently possible, authentic copies must be placed in the curial archives.
§3 It is
earnestly recommended that administrators draw up each year a budget of income
and expenditure. However, it is left to particular law to make this an
obligation and to determine more precisely how it is to be presented.
Can. 1285 Solely
within the limits of ordinary administration, administrators are allowed to
make gifts for pious purposes or christian charity out of the movable goods
which do not form part of the stable patrimony.
Can. 1286
Administrators of temporal goods:
1° in making
contracts of employment, are accurately to observe also, according to the
principles taught by the Church, the civil laws relating to labour and social
life
2° are to pay to
those who work for them under contract a just and honest wage which will be
sufficient to provide for their needs and those of their dependents.
Can. 1287 §1
Where ecclesiastical goods of any kind are not lawfully withdrawn from the
power of governance of the diocesan Bishop, their administrators, both clerical
and lay, are bound to submit each year to the local Ordinary an account of
their administration, which he is to pass on to his finance committee for
examination. Any contrary custom is reprobated.
§2 Administrators
are to render accounts to the faithful concerning the goods they have given to
the Church, in accordance with the norms to be laid down by particular law.
Can. 1288
Administrators are not to begin legal proceedings in the name of a public
juridical person, nor are they to contest them in a secular court, without
first obtaining the written permission of their proper Ordinary.
Can. 1289
Although they may not be bound to the work of administration by virtue of an
ecclesiastical office, administrators may not arbitrarily relinquish the work
they have undertaken. If they do so, and this occasions damage to the Church,
they are bound to restitution.
Can. 1290 Without
prejudice to Can. 1547[[5]],
whatever the local civil law decrees about contracts, both generally and
specifically, and about the voiding of contracts, is to be observed regarding
goods which are subject to the power of governance of the Church, and with the
same effect, provided that the civil law is not contrary to divine law, and
that canon law does not provide otherwise.
Can. 1291 The
permission of the authority competent by law is required for the valid
alienation of goods which, by lawful assignment, constitute the stable
patrimony of a public juridical person, whenever their value exceeds the sum
determined by law.
Can. 1292 §1
Without prejudice to the provision of Can. 638 §3, when the amount of the goods
to be alienated is between the minimum and maximum sums to be established by
the Episcopal Conference for its region, the competent authority in the case of
juridical persons not subject to the diocesan Bishop is determined by the
juridical person’s own statutes. In other cases, the competent authority is the
diocesan Bishop acting with the consent of the finance committee, of the
college of consultors, and of any interested parties. The diocesan Bishop needs
the consent of these same persons to alienate goods which belong to the diocese
itself.
§2 The permission
of the Holy See also is required for the valid alienation of goods whose value
exceeds the maximum sum, or if it is a question of the alienation of something
given to the Church by reason of a vow, or of objects which are precious by
reason of their artistic or historical significance.
§3 When a request
is made to alienate goods which are divisible, the request must state what
parts have already been alienated; otherwise, the permission is invalid.
§4 Those who must
give advice about or consent to the alienation of goods are not to give this
advice or consent until they have first been informed precisely both about the
economic situation of the juridical person whose goods it is proposed to
alienate and about alienations which have already taken place.
Can. 1293 §1 To
alienate goods whose value exceeds the determined minimum sum, it is also
required that there be:
1° a just reason,
such as urgent necessity, evident advantage, or a religious, charitable or
other grave pastoral reason;
2° a written
expert valuation of the goods to be alienated.
§2 To avoid harm
to the Church, any other precautions drawn up by lawful authority are also to
be followed.
Can. 1294 §1
Normally goods must not be alienated for a price lower than that given in the
valuation.
§2 The money
obtained from alienation must be carefully invested for the benefit of the
Church, or prudently expended according to the purposes of the alienation.
Can. 1295 The
provisions of cann. 1291‑1294, to which the statutes of juridical persons
are to conform, must be observed not only in alienation, but also in any
dealings in which the patrimonial condition of the juridical person may be
jeopardised.
Can. 1296 When
alienation has taken place without‑the prescribed canonical formalities,
but is valid in civil law, the competent authority must carefully weigh all the
circumstances and decide whether, and if so what, action is to be taken, namely
personal or real, by whom and against whom, to vindicate the rights of the
Church.
Can. 1297 It is
the duty of the Episcopal Conference, taking into account the local
circumstances, to determine norms about the leasing of ecclesiastical goods,
especially about permission to be obtained from the competent ecclesiastical
authority.
Can. 1298 Unless
they are of little value, ecclesiastical goods are not to be sold or leased to
the administrators themselves or to their relatives up to the fourth degree of
consanguinity or affinity, without the special written permission of the competent
authority.
Can. 1299 §1
Those who by the natural law and by canon law can freely dispose of their goods
may leave them to pious causes either by an act inter vivos or by an act mortis
causa.
§2 In
arrangements mortis causa in favour of the Church, the formalities of the civil
law are as far as possible to be observed. If these formalities have been
omitted, the heirs must be advised of their obligation to fulfil the intention
of the testator.
Can. 1300 The
intentions of the faithful who give or leave goods to pious causes, whether by
an act inter vivos or by an act mortis causa, once lawfully accepted, are to be
most carefully observed, even in the manner of the administration and the
expending of the goods, without prejudice to the provisions of Can. 1301 §3.
Can. 1301 §1 The
Ordinary is the executor of all pious dispositions whether made mortis causa or
inter vivos.
§2 By this right
the Ordinary can and must ensure, even by making a visitation, that pious
dispositions are fulfilled. Other executors are to render him an account when
they have finished their task.
§3 Any clause
contrary to this right of the Ordinary which is added to a last will, is to be
regarded as non‑existent.
Can. 1302 §1
Anyone who receives goods in trust for pious causes, whether by an act inter
vivos or by last will, must inform the Ordinary about the trust, as well as
about the goods in question, both movable and immovable, and about any
obligations attached to them. If the donor has expressly and totally forbidden
this, the trust is not to be accepted.
§2 The Ordinary
must demand that goods left in trust be safely preserved and, in accordance
with Can. 1301, he must ensure that the pious disposition is executed.
§3 When goods
given in trust to a member of a religious institute or society of apostolic
life, are destined for a particular place or diocese or their inhabitants, or
for pious causes, the Ordinary mentioned in §§1 and 2 is the local Ordinary.
Otherwise, when the person is a member of a pontifical clerical institute or of
a pontifical clerical society of apostolic life, it is the major Superior; when
of other religious institutes, it is the member’s proper Ordinary.
Can. 1303 §1 In
law the term pious foundation comprises:
1° autonomous
pious foundations, that is, aggregates of things destined for the purposes
described in Can. 114 §2, and established as juridical persons by the competent
ecclesiastical authority.
2° non‑autonomous
pious foundations, that is, temporal goods given in any way to a public
juridical person and carrying with them a long‑term obligation, such
period to be determined by particular law. The obligation is for the juridical
person, from the annual income, to celebrate Masses, or to perform other
determined ecclesiastical functions, or in some other way to fulfil the
purposes mentioned in Can. 114 §2.
§2 If the goods
of a non‑autonomous pious foundation are entrusted to a juridical person
subject to the diocesan Bishop, they are, on the expiry of the time, to be sent
to the fund mentioned in Can. 1274 §1, unless some other intention was
expressly manifested by the donor. Otherwise, the goods fall to the juridical
person itself.
Can. 1304 §1 For
the valid acceptance of a pious foundation by a juridical person, the written
permission of the Ordinary is required. He is not to give this permission until
he has lawfully established that the juridical person can satisfy not only the new
obligations to be undertaken, but also any already undertaken. The Ordinary is
to take special care that the revenue fully corresponds to the obligations laid
down, taking into account the customs of the region or place.
§2 Other
conditions for the establishment or acceptance of a pious foundation are to be
determined by particular law.
Can. 1305 Money
and movable goods which are assigned as a dowry are immediately to be put in a
safe place approved by the Ordinary, so that the money or the value of the
movable goods is safeguarded; as soon as possible, they are to be carefully and
profitably invested for the good of the foundation, with an express and
individual mention of the obligation undertaken, in accordance with the prudent
judgement of the Ordinary when he has consulted those concerned and his own
finance committee.
Can. 1306 §1 All
foundations, even if made orally, are to be recorded in writing.
§2 One copy of
the document is to be carefully preserved in the curial archive and another
copy in the archive of the juridical person to which the foundation pertains.
Can. 1307 §1 When
the provisions of cann. 1300‑1302 and 1287 have been observed, a document
showing the obligations arising from the pious foundations is to be drawn up.
This is to be displayed in a conspicuous place, so that the obligations to be
fulfilled are not forgotten.
§2 Apart from the
book mentioned in Can. 958 §1, another book is to be kept by the parish priest
or rector, in which each of the obligations, their fulfilment and the offering
given, is to be recorded.
Can. 1308 §1 The
reduction of Mass obligations, for a just and necessary reason, is reserved to the
Apostolic See, without prejudice to the provisions which follow.
§2 If this is
expressly provided for in the document of foundation, the Ordinary may reduce
Mass obligations on the ground of reduced income.
§3 In the cases
of Masses given in legacies or in foundations of any kind, which are solely for
the purpose of Masses, the diocesan Bishop has the power, because of the
diminution of income and for as long as this persists, to reduce the
obligations to the level of the offering lawfully current in the diocese. He
may do this, however, only if there is no one who has an obligation to increase
the offering and can actually be made to do so.
§4 The diocesan
Bishop has the power to reduce the obligations or legacies of Masses which bind
an ecclesiastical institute, if the revenue has become insufficient to achieve
in a fitting manner the proper purpose of the institute.
§5 The supreme
Moderator of a clerical religious institute of pontifical right has the powers
given in §§3 and 4.
Can. 1309 Where a
fitting reason exists, the authorities mentioned in Can. 1308 have the power to
transfer Mass obligations to days, churches or altars other than those
determined in the foundation.
Can. 1310 §1 The
intentions of the faithful in pious cases may be reduced, directed or changed
by the Ordinary, if the donor has expressly conceded this power to him, but
only for a just and necessary reason.
§2 If it has
become impossible to carry out the obligations because of reduced income, or
for any other reason arising without fault on the part of the administrators,
the Ordinary can diminish these obligations in an equitable manner, with the
exception of the reduction of Masses, which is governed by the provisions of
Can. 1308. He may do so only after consulting those concerned and his own
finance committee, keeping in the best way possible to the intention of the
donor.
§3 In all other
cases, the Apostolic See is to be approached.
IN GENERAL
Can. 1311 The
Church has its own inherent right to constrain with penal sanctions Christ’s
faithful who commit offences.
Can. 1312 §1 The
penal sanctions in the Church are:
1° medicinal
penalties or censures, which are listed in cann. 1331‑1333;
2° expiatory
penalties, mentioned in Can. 1336;
§2 The law may
determine other expiatory penalties which deprive a member of Christ’s faithful
of some spiritual or temporal good, and are consistent with the Church’s supernatural
purpose.
§3 Use is also
made of penal remedies and penances: the former primarily to prevent offences,
the latter rather to substitute for or to augment a penalty.
Can. 1313 §1 If a
law is changed after an offence has been committed, the law more favourable to
the offender is to be applied.
§2 If a later law
removes a law, or at least a penalty, the penalty immediately lapses.
Can. 1314 A
penalty is for the most part ferendae sententiae, that is, not binding upon the
offender until it has been imposed. It is, however, latae sententiae, so that
it is incurred automatically upon the commission of an offence, if a law or
precept expressly lays this down.
Can. 1315 §1
Whoever has legislative power can also make penal laws. A legislator can,
however, by laws of his own, reinforce with a fitting penalty a divine law or
an ecclesiastical law of a higher authority, observing the limits of his
competence in respect of territory or persons.
§2 A law can
either itself determine the penalty or leave its determination to the prudent
decision of a judge.
§3 A particular
law can also add other penalties to those laid down for a certain offence in a
universal law; this is not to be done, however, except for the gravest
necessity. If a universal law threatens an undetermined penalty or a
discretionary penalty, a particular law can establish in its place a determined
or an obligatory penalty.
Can. 1316
Diocesan Bishops are to take care that as far as possible any penalties which
are to be imposed by law are uniform within the same city or region.
Can. 1317
Penalties are to be established only in so far as they are really necessary for
the better maintenance of ecclesiastical discipline. Dismissal from the
clerical state, however, cannot be laid down by particular law.
Can. 1318 A
legislator is not to threaten latae sententiae penalties, except perhaps for
some outstanding and malicious offences which may be either more grave by
reason of scandal or such that they cannot be effectively punished by ferendae
sententiae penalties. He is not, however, to constitute censures, especially
excommunication, except with the greatest moderation, and only for the more
grave offences.
Can. 1319 §1 To
the extent to which a legislator can impose precepts by virtue of the power of
governance in the external forum, to that extent can he also by precept
threaten a determined penalty, other than a perpetual expiatory penalty.
§2 A precept to
which a penalty is attached is not to be issued unless the matter has been very
carefully considered, and unless the provisions of Can. 1317 and 1318
concerning particular laws have been observed.
Can. 1320 In all
matters in which they come under the authority of the local Ordinary, religious
can be constrained by him with penalties.
Can. 1321 §1 No
one can be punished for the commission of an external violation of a law or
precept unless it is gravely imputable by reason of malice or of culpability.
§2 A person who
deliberately violated a law or precept is bound by the penalty prescribed in
that law or precept. If, however, the violation was due to the omission of due
diligence, the person is not punished unless the law or precept provides
otherwise.
§3 Where there
has been an external violation, imputability is presumed, unless it appears
otherwise.
Can. 1322 Those
who habitually lack the use of reason, even though they appeared sane when they
violated a law or precept, are deemed incapable of committing an offence.
Can. 1323 No one
is liable to a penalty who, when violating a law or precept:
1° has not
completed the sixteenth year of age;
2° was, without
fault, ignorant of violating the law or precept; inadvertence and error are
equivalent to ignorance
3° acted under
physical force, or under the impetus of a chanceoccurrence which the person
could not foresee or if foreseen could not avoid;
4° acted under
the compulsion of grave fear, even if only relative, or by reason of necessity
or grave inconvenience, unless, however, the act is intrinsically evil or tends
to be harmful to souls;
5° acted, within
the limits of due moderation, in lawful self‑defence or defence of
another against an unjust aggressor;
6° lacked the use
of reason, without prejudice to the provisions of cann. 1324, §1, n. 2 and
1325;
7° thought,
through no personal fault, that some one of the circumstances existed which are
mentioned in nn. 4 or 5.
Can. 1324 §1 The
perpretrator of a violation is not exempted from penalty, but the penalty
prescribed in the law or precept must be diminished, or a penance substituted
in its place, if the offence was committed by:
1° one who had
only an imperfect use of reason;
2° one who was
lacking the use of reason because of culpable drunkenness or other mental
disturbance of a similar kind;
3° one who acted
in the heat of passion which, while serious, nevertheless did not precede or
hinder all mental deliberation and consent of the will, provided that the
passion itself had not been deliberately stimulated or nourished
4° a minor who
has completed the sixteenth year of age;
5° one who was
compelled by grave fear, even if only relative, or byreason of necessity or
grave inconvenience, if the act is intrinsically evil or tends to be harmful to
souls;
6° one who acted
in lawful self‑defence or defence of another against an unjust aggressor,
but did not observe due moderation;
7° one who acted
against another person who was gravely and unjustly provocative;
8° one who
erroneously, but culpably, thought that some one of the circumstances existed
which are mentioned in Can. 1323, nn. 4 or 5;
9° one who
through no personal fault was unaware that a penalty was attached to the law or
precept;
10° one who acted
without full imputability, provided it remained grave.
§2 A judge can do
the same if there is any other circumstance present which would reduce the
gravity of the offence.
§3 In the
circumstances mentioned in §1, the offender is not bound by a latae sententiae
penalty.
Can. 1325
Ignorance which is crass or supine or affected can never be taken into account
when applying the provisions of cann. 1323 and 1324. Likewise, drunkenness or
other mental disturbances cannot be taken into account if these have been
deliberately sought so as to commit the offence or to excuse it; nor can
passion which has been deliberately stimulated or nourished.
Can. 1326 §1 A
judge may inflict a more serious punishment than that prescribed in the law or
precept when:
1° a person,
after being condemned, or after the penalty has been declared, continues so to
offend that obstinate ill‑will may prudently be concluded from the
circumstances;
2° a person who
is established in some position of dignity, or who has abused a position of
authority or an office, in order to commit a crime;
3° an offender
who, after a penalty for a culpable offence was constituted, foresaw the event
but nevertheless omitted to take the precautions to avoid it which any careful
person would have taken.
§2 In the cases
mentioned in 1, if the penalty constituted is latae sententiae, another penalty
or a penance may be added.
Can. 1327 A
particular law may, either as a general rule or for individual offences,
determine excusing, attenuating or aggravating circumstances, over and above
the cases mentioned in cann. 1323‑‑1326. Likewise, circumstances
may be determined in a precept which excuse from, attenuate or aggravate the
penalty constituted in the precept.
Can. 1328 §1 One
who in furtherance of an offence did something or failed to do something but
then, involuntarily, did not complete the offence, is not bound by the penalty
prescribed for the completed offence, unless the law or a precept provides
otherwise.
§2 If the acts or
the omissions of their nature lead to the carrying out of the offence, the
person responsible may be subjected to a penance or to a penal remedy, unless
he or she had spontaneously desisted from the offence which had been initiated.
However, if scandal or other serious harm or danger has resulted, the
perpetrator, even though spontaneously desisting, may be punished by a just
penalty, but of a lesser kind than that determined for the completed crime.
Can. 1329 §1
Where a number of persons conspire together to commit an offence, and
accomplices are not expressly mentioned in the law or precept, if ferendae
sententiae penalties were constituted for the principal offender, then the
others are subject to the same penalties or to other penalties of the same or a
lesser gravity.
§2 In the case of
a latae sententiae penalty attached to an offence, accomplices, even though not
mentioned in the law or precept, incur the same penalty if, without their
assistance, the crime would not have been committed, and if the penalty is of
such a nature as to be able to affect them; otherwise, they can be punished
with ferendae sententiae penalties.
Can. 1330 §1 An
offence which consists in a declaration or in some other manifestation of
doctrine or knowledge, is not to be regarded as effected if no one actually
perceives the declaration or manifestation.
Can. 1331 §1 An
excommunicated person is forbidden:
1° to have any
ministerial part in the celebration of the Sacrifice of the Eucharist or in any
other ceremonies of public worship;
2° to celebrate
the sacraments or sacramentals and to receive the sacraments ;
3° to exercise
any ecclesiastical offices, ministries, functions or acts of governance.
§2 If the
excommunication has been imposed or declared, the offender:
1° proposing to
act in defiance of the provision of §1, n. 1 is to be removed, or else the
liturgical action is to be suspended, unless there is a grave reason to the
contrary
2° invalidly
exercises any acts of governance which, in accordancewith §1, n.3, are
unlawful;
3° is forbidden
to benefit from privileges already granted;
4° cannot validly
assume any dignity, office or other function in the Church
5° loses the
title to the benefits of any dignity, office, function or pension held in the
Church.
Can. 1332 One who
is under interdict is obliged by the prohibition of Can. 1331 §1, nn. 1 and 2‑
if the interdict was imposed or declared, the provision of Can. 1331 §2, n. 1
is to be observed.
Can. 1333 §1
Suspension, which can affect only clerics, prohibits:
1° all or some of
the acts of the power of order
2° all or some of
the acts of the power of governance;
3° the exercise
of all or some of the rights or functions attaching toan office.
§2 In a law or a
precept it may be prescribed that, after a judgement which imposes or declares
the penalty, a suspended person cannot validly perform acts of the power of
governance.
§3 The
prohibition never affects:
1° any offices or
power of governance which are not within the control of the Superior who
establishes the penalty;
2° a right of
residence which the offender may have by virtue of office;
3° the right to
administer goods which may belong to an office held by the person suspended, if
the penalty is latae sententiae.
§4 A suspension
prohibiting the receipt of benefits, stipends, pensions or other such things,
carries with it the obligation of restitution of whatever has been unlawfully
received, even though this was in good faith.
Can. 1334 §1 The
extent of a suspension, within the limits laid down in the preceding canon, is
defined either by the law or precept, or by the judgement or decree whereby the
penalty is imposed.
§2 A law, but not
a precept, can establish a latae sententiae suspension without an added
determination or limitation; such a penalty has all the effects enumerated in
Can. 1333 §1.
Can. 1335 If a
censure prohibits the celebration of the sacraments or sacramentals or the
exercise of a power of governance, the prohibition is suspended whenever this
is necessary to provide for the faithful who are in danger of death. If a latae
sententiae censure has not been declared, the prohibition is also suspended
whenever one of the faithful requests a sacrament or sacramental or an act of
the power of governance; for any just reason it is lawful to make such a
request.
Can. 1336 §1
Expiatory penalties can affect the offender either forever or for a determinate
or an indeterminate period. Apart from others which the law may perhaps
establish, these penalties are as follows:
1° a prohibition
against residence, or an order to reside, in a certain place or territory;
2° deprivation of
power, office, function, right, privilege, faculty, favour, title or insignia,
even of a merely honorary nature;
3° a prohibition
on the exercise of those things enumerated in n. 2, or a prohibition on their
exercise inside or outside a certain place; such a prohibition is never under
pain of nullity;
4° a penal
transfer to another office;
5° dismissal from
the clerical state.
§2 Only those
expiatory penalties may be latae sententiae which are enumerated in §1, n. 3.
Can. 1337 §1 A
prohibition against residing in a certain place or territory can affect both
clerics and religious. An order to reside in a certain place can affect secular
clerics and, within the limits of their constitutions, religious.
§2 An order
imposing residence in a certain place or territory must have the consent of the
Ordinary of that place, unless there is question of a house set up for penance
or rehabilitation of clerics, including extradiocesans.
Can. 1338 §1 The
deprivations and prohibitions enumerated in Can. 1336 §1, nn. 2 and 3 never
affect powers, offices, functions, rights, privileges, faculties, favours,
titles or insignia, which are not within the control of the Superior who
establishes the penalty.
§2 There can be
no deprivation of the power of order, but only a prohibition against the
exercise of it or of some of its acts; neither can there be a deprivation of
academic degrees.
§3 The norm laid
down for censures in Can. 1335 is to be observed in regard to the prohibitions
mentioned in Can. 1336 §1, n. 3.
Can. 1339 §1 When
someone is in a proximate occasion of committing an offence or when, after an
investigation, there is a serious suspicion that an offence has been committed,
the Ordinary either personally or through another can give that person warning.
§2 In the case of
behaviour which gives rise to scandal or serious disturbance of public order,
the Ordinary can also correct the person, in a way appropriate to the
particular conditions of the person and of what has been done.
§3 The fact that
there has been a warning or a correction must always be proven, at least from
some document to be kept in the secret archive of the curia.
Can. 1340 §1 A
penance, which is imposed in the external forum, is the performance of some
work of religion or piety or charity.
§2 A public
penance is never to be imposed for an occult transgression.
§3 According to
his prudent judgement, the Ordinary may add penances to the penal remedy of
warning or correction.
Can. 1341 The
Ordinary is to start a judicial or an administrative procedure for the
imposition or the declaration of penalties only when he perceives that neither
by fraternal correction or reproof, nor by any methods of pastoral care, can
the scandal be sufficiently repaired, justice restored and the offender
reformed.
Can. 1342 §1
Whenever there are just reasons against the use of a judicial procedure, a
penalty can be imposed or declared by means of an extra‑judicial decree;
in every case, penal remedies and penances may be applied by a decree.
§2 Perpetual
penalties cannot be imposed or declared by means of a decree; nor can penalties
which the law or precept establishing them forbids to be applied by decree.
§3 What the law
or decree says of a judge in regard to the imposition or declaration of a
penalty in a trial, is to be applied also to a Superior who imposes or declares
a penalty by an extra‑judicial decree, unless it is otherwise clear, or
unless there is question of provisions which concern only procedural matters.
Can. 1343 If a
law or precept gives the judge the power to apply or not to apply a penalty,
the judge may also, according to his own conscience and prudence, modify the
penalty or in its place impose a penance.
Can. 1344 Even
though the law may use obligatory words, the judge may, according to his own
conscience and prudence:
1° defer the
imposition of the penalty to a more opportune time, if it is foreseen that
greater evils may arise from a too hasty punishment of the offender;
2° abstain from
imposing the penalty or substitute a milder penalty or a penance, if the
offender has repented and repaired the scandal, or if the offender has been or
foreseeably will be sufficiently punished by the civil authority;
3° may suspend
the obligation of observing an expiatory penalty, if the person is a first‑offender
after a hitherto blameless life, and there is no urgent need to repair scandal;
this is, however, to be done in such a way that if the person again commits an
offence within a time laid down by the judge, then that person must pay the
penalty for both offences, unless in the meanwhile the time for prescription of
a penal action in respect of the former offence has expired.
Can. 1345
Whenever the offender had only an imperfect use of reason, or committed the
offence out of fear or necessity or in the heat of passion or with a mind
disturbed by drunkenness or a similar cause, the judge can refrain from
inflicting any punishment if he considers that the person’s reform may be
better accomplished in some other way.
Can. 1346
Whenever the offender has committed a number of offences and the sum of
penalties which should be imposed seems excessive, it is left to the prudent
decision of the judge to moderate the penalties in an equitable fashion.
Can. 1347 §1 A
censure cannot validly be imposed unless the offender has beforehand received
at least one warning to purge the contempt, and has been allowed suitable time
to do so.
§2 The offender
is said to have purged the contempt if he or she has truly repented of the
offence and has made, or at least seriously promised to make, reparation for
the damage and scandal.
Can. 1348 When
the person has been found not guilty of an accusation, or where no penalty has
been imposed, the Ordinary may provide for the person’s welfare or for the
common good by opportune warnings or other solicitous means, and even, if the
case calls for it, by the use of penal remedies.
Can. 1349 If a
penalty is indeterminate, and if the law does not provide otherwise, the judge
is not to impose graver penalties, especially censures, unless the seriousness
of the case really demands it. He may not impose penalties which are perpetual.
Can. 1350 §1 In
imposing penalties on a cleric, except in the case of dismissal from the
clerical state, care must always be taken that he does not lack what is
necessary for his worthy support.
§2 If a person is
truly in need because he has been dismissed from the clerical state, the
Ordinary is to provide in the best way possible.
Can. 1351 A
penalty binds an offender everywhere, even when the one who established or
imposed it has ceased from office, unless it is otherwise expressly provided.
Can. 1352 §1 If a
penalty prohibits the reception of the sacraments or sacramentals, the
prohibition is suspended for as long as the offender is in danger of death.
§2 The obligation
of observing a latae sententiae penalty which has not been declared, and is not
notorious in the place where the offender actually is, is suspended either in
whole or in part to the extent that the offender cannot observe it without the
danger of grave scandal or loss of good name.
Can. 1352 An appeal
or a recourse against judgements of a court or against decrees which impose or
declare any penalty, has a suspensive effect.
Can. 1354 §1
Besides those who are enumerated in cann. 1355‑‑56, all who can
dispense from a law which is supported by a penalty, can also remit the penalty
itself.
§2 Moreover, a
law or precept which establishes a penalty can also grant to others the power
of remitting the penalty.
§3 If the
Apostolic See has reserved the remission of a penalty to itself or to others,
the reservation is to be strictly interpreted.
Can. 1355 §1
Provided it is not reserved to the Apostolic See, a penalty which is
established by law and has been imposed or declared, can be remitted by the
following:
1° the Ordinary
who initiated the judicial proceedings to impose or declare the penalty, or who
by a decree, either personally or through another, imposed or declared it;
2° the Ordinary
of the place where the offender actually is, after consulting the Ordinary mentioned
in n. 1, unless because of extraordinary circumstances this is impossible.
§2 Provided it is
not reserved to the Apostolic See, a latae sententiae penalty established by
law but not yet declared, can be remitted by the Ordinary in respect of his
subjects and of those actually in his territory or of those who committed the
offence in his territory. Moreover, any Bishop can do this, but only in the
course of sacramental confession.
Can. 1356 §1 A
ferendae or a latae sententiae penalty established in a precept not issued by
the Apostolic See, can be remitted by the following:
1° the Ordinary
of the place where the offender actually is;
2° if the penalty
has been imposed or declared, the Ordinary who initiated the judicial
proceedings to impose or declare the penalty, or who by a decree, either
personally or through another, imposed or declared it.
§2 Before the
remission is granted, the author of the precept is to be consulted, unless
because of extraordinary circumstance this is impossible.
Can. 1357 §1
Without prejudice to the provisions of cann. 508 and 976, a confessor can in
the internal sacramental forum remit a latae sententiae censure of
excommunication or interdict which has not been declared, if it is difficult
for the penitent to remain in a state of grave sin for the time necessary for
the competent Superior to provide.
§2 In granting
the remission, the confessor is to impose upon the penitent, under pain of
again incurring the censure, the obligation to have recourse within one month to
the competent Superior or to a priest having the requisite faculty, and to
abide by his instructions. In the meantime, the confessor is to impose an
appropriate penance and, to the extent demanded, to require reparation of
scandal and damage. The recourse, however, may be made even through the
confessor, without mention of a name.
§3 The same duty
of recourse, when they have recovered, binds those who in accordance with Can.
976 have had remitted an imposed or declared censure or one reserved to the Holy
See.
Can. 1358 §1 The
remission of a censure cannot be granted except to an offender whose contempt
has been purged in accordance with Can. 1347 §2. However, once the contempt has
been purged, the remission cannot be refused.
§2 The one who
remits a censure can make provision in accordance with Can. 1348, and can also
impose a penance.
Can. 1359 If one
is bound by a number of penalties, a remission is valid only for those
penalties expressed in it. A general remission, however, removes all penalties,
except those which in the petition have been concealed in bad faith.
Can. 1360 The
remission of a penalty extorted by grave fear is invalid
Can. 1361 §1 A
remission can be granted even to a person who is not present, or conditionally.
§2 A remission in
the external forum is to be granted in writing, unless a grave reason suggests
otherwise.
§3 Care is to be
taken that the petition for remission or the remission itself is not made
public, except insofar as this would either be useful for the protection of the
good name of the offender, or be necessary to repair scandal.
Can. 1362 §1 A
criminal action is extinguished by prescription after three years, except for:
1° offences
reserved to the Congregation for the Doctrine of the Faith;
2° an action
arising from any of the offences mentioned in cann. 1394, 1395, 1397, 1398,
which is extinguished after five years;
3° offences not
punished by the universal law, where a particular law has prescribed a
different period of prescription.
§2 Prescription
runs from the day the offence was committed or, if the offence was enduring or
habitual, from the day it ceased.
Can. 1363 §1 An
action to execute a penalty is extinguished by prescription if the judge’s
decree of execution mentioned in Can. 1651 was not notified to the offender
within the periods mentioned in Can. 1362; these periods are to be reckoned
from the day the condemnatory judgement became an adjudged matter.
§2 The same
applies, with the necessary adjustments, if the penalty was imposed by an extra‑judicial
decree.
Can. 1364 §1 An
apostate from the faith, a heretic or a schismatic incurs a latae sententiae
excommunication, without prejudice to the provision of Can. 194 §1, n. 2; a
cleric, moreover, may be punished with the penalties mentioned in Can. 1336 §1,
nn. 1, 2 and 3.
§2 If a
longstanding contempt or the gravity of scandal calls for it, other penalties
may be added, not excluding dismissal from the clerical state.
Can. 1365 One who
is guilty of prohibited participation in religious rites is to be punished with
a just penalty.
Can. 1366
Parents, and those taking the place of parents, who hand over their children to
be baptised or brought up in a non‑catholic religion, are to be punished
with a censure or other just penalty.
Can. 1367 One who
throws away the consecrated species or, for a sacrilegious purpose, takes them
away or keeps them, incurs a latae sententiae excommunication reserved to the
Apostolic See; a cleric, moreover, may be punished with some other penalty, not
excluding dismissal from the clerical state.
Can. 1368 A
person who, in asserting or promising something before an ecclesiastical
authority, commits perjury, is to be punished with a just penalty.
Can. 1369 A
person is to be punished with a just penalty, who, at a public event or
assembly, or in a published writing, or by otherwise using the means of social
communication, utters blasphemy, or gravely harms public morals, or rails at or
excites hatred of or contempt for religion or the Church.
Can. 1370 §1 A
person who uses physical force against the Roman Pontiff incurs a latae
sententiae excommunication reserved to the Apostolic See; if the offender is a
cleric, another penalty, not excluding dismissal from the clerical state, may
be added according to the gravity of the crime.
§2 One who does
this against a Bishop incurs a latae sententiae interdict and, if a cleric, he
incurs also a latae sententiae suspension.
§3 A person who
uses physical force against a cleric or religious out of contempt for the
faith, or the Church, or ecclesiastical authority or the ministry, is to be
punished with a just penalty.
Can. 1371 The
following are to be punished with a just penalty:
1° a person who,
apart from the case mentioned in Can. 1364 §1, teaches a doctrine condemned by
the Roman Pontiff, or by an Ecumenical Council, or obstinately rejects the teaching
mentioned in Can. 752 and, when warned by the Apostolic See or by the Ordinary,
does not retract;
2° a person who
in any other way does not obey the lawful command or prohibition of the
Apostolic See or the Ordinary or Superior and, after being warned, persists in
disobedience.
Can. 1372 A
person who appeals from an act of the Roman Pontiff to an Ecumenical Council or
to the College of Bishops, is to be punished with a censure.
Can. 1373 A
person who publicly incites his or her subjects to hatred or animosity against
the Apostolic See or the Ordinary because of some act of ecclesiastical
authority or ministry, or who provokes the subjects to disobedience against
them, is to be punished by interdict or other just penalties.
Can. 1374 A
person who joins an association which plots against the Church is to be
punished with a just penalty‑ one who promotes or takes office in such an
association is to be punished with an interdict.
Can. 1375 Those
who hinder the freedom of the ministry or of an election or of the exercise of
ecclesiastical power, or the lawful use of sacred or other ecclesiastical
goods, or who intimidate either an elector or one who is elected or one who
exercises ecclesiastical power or ministry, may be punished with a just
penalty.
Can. 1376 A
person who profanes a sacred object, moveable or immovable, is to be punished
with a just penalty.
Can. 1377 A
person who without the prescribed permission alienates ecclesiastical goods, is
to be punished with a just penalty.
Can. 1378 §1 A
priest who acts against the prescription of Can. 977 incurs a latae sententiae
excommunication reserved to the Apostolic See.
§2 The following
incur a latae sententiae interdict or, if a cleric, a latae sententiae
suspension:
1° a person who,
not being an ordained priest, attempts to celebrate Mass
2° a person who,
apart from the case mentioned in §1, though unable to give valid sacramental
absolution, attempts to do so, or hears a sacramental confession.
§3 In the cases
mentioned in §2, other penalties, not excluding excommunication, can be added,
according to the gravity of the offence.
Can. 1379 A
person who, apart from the cases mentioned in Can. 1378, pretends to administer
a sacrament, is to be punished with a just penalty.
Can. 1380 A
person who through simony celebrates or receives a sacrament, is to be punished
with an interdict or suspension.
Can. 1381 §1
Anyone who usurps an ecclesiastical office is to be punished with a just
penalty.
§2 The unlawful
retention of an ecclesiastical office after being deprived of it, or ceasing
from it, is equivalent to usurpation.
Can. 1382 Both
the Bishop who, without a pontifical mandate, consecrates a person a Bishop,
and the one who receives the consecration from him, incur a latae sententiae
excommunication reserved to the Apostolic See.
Can. 1383 A
Bishop who, contrary to the provision of Can. 1015, ordained someone else’s
subject without the lawful dimissorial letters, is prohibited from conferring
orders for one year. The person who received the order is ipso facto suspended
from the order received.
Can. 1384 A
person who, apart from the cases mentioned in cann. 1378‑1383, unlawfully
exercises the office of a priest or another sacred ministry, may be punished
with a just penalty.
Can. 1385 A
person who unlawfully traffics in Mass offerings is to be punished with a
censure or other just penalty.
Can. 1386 A
person who gives or promises something so that some one who exercises an office
in the Church would unlawfully act or fail to act, is to be punished with a
just penalty; likewise, the person who accepts such gifts or promises.
Can. 1387 A
priest who in confession, or on the occasion or under the pretext of
confession, solicits a penitent to commit a sin against the sixth commandment
of the Decalogue, is to be punished, according to the gravity of the offence,
with suspension, prohibitions and deprivations; in the more serious cases he is
to be dismissed from the clerical state.
Can. 1388 §1 A
confessor who directly violates the sacramental seal, incurs a latae sententiae
excommunication reserved to the Apostolic See; he who does so only indirectly
is to be punished according to the gravity of the offence.
§2 Interpreters
and the others mentioned in can. 983 §2, who violate the secret, are to be
punished with a just penalty, not excluding excommunication.
Can. 1389 §1 A
person who abuses ecclesiastical power or an office, is to be punished
according to the gravity of the act or the omission, not excluding by
deprivation of the office, unless a penalty for that abuse is already
established by law or precept.
§2 A person who,
through culpable negligence, unlawfully and with harm to another, performs or
omits an act of ecclesiastical power or ministry or office, is to be punished
with a just penalty.
Can. 1390 §1 A
person who falsely denounces a confessor of the offence mentioned in can. 1387
to an ecclesiastical Superior, incurs a latae sententiae interdict and, if a
cleric, he incurs also a suspension.
§2 A person who
calumniously denounces an offence to an ecclesiastical Superior, or otherwise
injures the good name of another, can be punished with a just penalty, not
excluding a censure.
§3 The
calumniator can also be compelled to make appropriate amends.
Can. 1391 The
following can be punished with a just penalty, according to the gravity of the
offence:
1° a person who
composes a false public ecclesiastical document, or who changes or conceals a
genuine one, or who uses a false or altered one
2° a person who
in an ecclesiastical matter uses some other false oraltered document;
3° a person who,
in a public ecclesiastical document, asserts something false.
Can. 1392 Clerics
or religious who engage in trading or business contrary to the provisions of
the canons, are to be punished according to the gravity of the offence.
Can. 1393 A
person who violates obligations imposed by a penalty, can be punished with a
just penalty.
Can. 1394 §1
Without prejudice to the provisions of can. 194, §1, n. 3, a cleric who
attempts marriage, even if only civilly, incurs a latae sententiae suspension.
If, after warning, he has not reformed and continues to give scandal, he can be
progressively punished by deprivations, or even by dismissal from the clerical
state.
§2 Without
prejudice to the provisions of can. 694, a religious in perpetual vows who is
not a cleric but who attempts marriage, even if only civilly, incurs a latae
sententiae interdict.
Can. 1395 §1
Apart from the case mentioned in can. 1394, a cleric living in concubinage, and
a cleric who continues in some other external sin against the sixth commandment
of the Decalogue which causes scandal, is to be punished with suspension. To
this, other penalties can progressively be added if after a warning he persists
in the offence, until eventually he can be dismissed from the clerical state.
§2 A cleric who
has offended in other ways against the sixth commandment of the Decalogue, if
the crime was committed by force, or by threats, or in public, or with a minor
under the age of sixteen years, is to be punished with just penalties, not
excluding dismissal from the clerical state if the case so warrants.
Can. 1396 A
person who gravely violates the obligation of residence to which he is bound by
reason of an ecclesiastical office, is to be punished with a just penalty, not
excluding, after a warning, deprivation of the office.
Can. 1397 One who
commits murder, or who by force or by fraud abducts, imprisons, mutilates or
gravely wounds a person, is to be punished, according to the gravity of the
offence, with the deprivations and prohibitions mentioned in can. 1336. In the
case of the murder of one of those persons mentioned in can. 1370, the offender
is punished with the penalties there prescribed.
Can. 1398 A
person who actually procures an abortion incurs a latae sententiae
excommunication.
Can. 1399 Besides
the cases prescribed in this or in other laws, the external violation of divine
or canon law can be punished, and with a just penalty, only when the special
gravity of the violation requires it and necessity demands that scandals be prevented
or repaired.
Can. 1400 §1 The
objects of a trial are:
1° to pursue or
vindicate the rights of physical or juridical persons, or to declare juridical
facts;
2° to impose or
to declare penalties in regard to offences.
§2 Disputes
arising from an act of administrative power, however, can be referred only to
the Superior or to an administrative tribunal.
Can. 1401 The
Church has its own and exclusive right to judge:
1° cases which
refer to matters which are spiritual or linked with the spiritual;
2° the violation
of ecclesiastical laws and whatever contains an element of sin, to determine
guilt and impose ecclesiastical penalties.
Can. 1402 All
tribunals of the Church are governed by the canons which follow, without
prejudice to the norms of the tribunals of the Apostolic See.
Can. 1403 §1
Cases for the canonisation of the Servants of God are governed by special
pontifical law.
§2 The provisions
of this Code are also applied to these cases whenever the special pontifical
law remits an issue to the universal law, or whenever norms are involved which
of their very nature apply also to these cases.
Can. 1404 The
First See is judged by no one.
Can. 1405 §1 In
the cases mentioned in can. 1401, the Roman Pontiff alone has the right to
judge:
1° Heads of
State;
2° Cardinals;
3° Legates of the
Apostolic See and, in penal cases, Bishops
4° other cases
which he has reserved to himself.
§2 A judge cannot
review an act or instrument which the RomanPontiff has specifically confirmed,
except by his prior mandate.
§3 It is reserved
to the Roman Rota to judge:
1° Bishops in
contentious cases, without prejudice to can. 1419 §2;
2° the Abbot
primate or the Abbot superior of a monastic congregation, and the supreme
Moderator of a religious institute of pontifical right;
3° dioceses and
other ecclesiastical persons, physical or juridical, which have no Superior
other than the Roman Pontiff.
Can. 1406 §1 If
the provision of can. 1404 is violated, the acts and decisions are invalid.
§2 In the cases
mentioned in can. 1405, the non‑competence of other judges is absolute.
Can. 1407 §1 No
one can be brought to trial in first instance except before a judge who is
competent on the basis of one of the titles determined in cann. 1408‑‑1414.
§2 The non‑competence
of a judge who has none of these titles is described as relative.
§3 The plaintiff
follows the forum of the respondent. If the respondent has more than one forum,
the plaintiff may opt for any one of them.
Can. 1408 Anyone
can be brought to trial before the tribunal of domicile or quasi‑domicile.
Can. 1409 §1 A
person who has not even a quasi‑domicile has a forum in the place of
actual residence.
§2 A person whose
domicile, quasi‑domicile or place of actual residence is unknown, can be
brought to trial in the forum of the plaintiff, provided no other lawful forum
is available.
Can. 1410
Competence by reason of subject matter means that a party can be brought to
trial before the tribunal of the place where the subject matter of the
litigation is located, whenever the action concerns that subject matter
directly, or when it is an action for the recovery of possession.
Can. 1411 §1
Competence by reason of contract means that a party can be brought to trial
before the tribunal of the place in which the contract was made or must be
fulfilled, unless the parties mutually agree to choose another tribunal.
§2 If the case
concerns obligations which arise from some other title, the party can be
brought to trial before the tribunal of the place in which the obligation arose
or in which it is to be fulfilled.
Can. 1412 A
person accused in a penal case can, even though absent, be brought to trial
before the tribunal of the place in which the offence was committed.
Can. 1413 A party
can be brought to trial:
1° in cases
concerning administration, before the tribunal of the place in which the
administration was exercised;
2° in cases
concerning inheritances or pious legacies, before the tribunal of the last
domicile or quasi‑domicile or residence of the person whose inheritance
or pious legacy is at issue, in accordance with the norms of cann. 1408‑1409.
If, however, only the execution of the legacy is involved, the ordinary norms
of competence are to be followed.
Can. 1414
Competence by reason of connection means that cases which are inter‑connected
can be heard by one and the same tribunal and in the same process, unless this
is prevented by a provision of the law.
Can. 1415
Competence by reason of prior summons means that, if two or more tribunals are
equally competent, the tribunal which has first lawfully summoned the
respondent has the right to hear the case.
Can. 1416 A
conflict of competence between tribunals subject to the same appeal tribunal is
to be resolved by the latter tribunal. If they are not subject to the same
appeal tribunal, the conflict is to be settled by the Apostolic Signatura.
Can. 1417 §1
Because of the primacy of the Roman Pontiff, any of the faithful may either
refer their case to, or introduce it before, the Holy See, whether the case be
contentious or penal. They may do so at any grade of trial or at any stage of
the suit.
§2 Apart from the
case of an appeal, a referral to the Apostolic See does not suspend the
exercise of jurisdiction of a judge who has already begun to hear a case. The
judge can, therefore, continue with the trial up to the definitive judgement,
unless the Apostolic See has indicated to him that it has reserved the case to
itself.
Can. 1418 Every
tribunal has the right to call on other tribunals for assistance in instructing
a case or in communicating acts.
Can. 1419 §1 In
each diocese and for all cases which are not expressly excepted in law, the
judge of first instance is the diocesan Bishop. He can exercise his judicial
power either personally or through others, in accordance with the following
canons.
§2 If the case
concerns the rights or temporal goods of a juridical person represented by the
Bishop, the appeal tribunal is to judge in first instance.
Can. 1420 §1 Each
diocesan Bishop is obliged to appoint a judicial Vicar, or ‘Officialis’, with ordinary
power to judge. The judicial Vicar is to be a person distinct from the Vicar
general, unless the smallness of the diocese or the limited number of cases
suggests otherwise.
§2 The judicial
Vicar constitutes one tribunal with the Bishop, but cannot judge cases which
the Bishop reserves to himself.
§3 The judicial
Vicar can be given assistants, who are called associate judicial Vicars or
‘Vice‑officiales’.
§4 The judicial
Vicar and the associate judicial Vicars must be priests of good repute, with a
doctorate or at least a licentiate in canon law, and not less than thirty years
of age.
§5 When the see
is vacant, they do not cease from office, nor can they be removed by the
diocesan Administrator. On the coming of the new Bishop, however, they need to
be confirmed in office.
Can. 1421 §1 In
each diocese the Bishop is to appoint diocesan judges, who are to be clerics.
§2 The Episcopal
Conference can permit that lay persons also be appointed judges. Where
necessity suggests, one of these can be chosen in forming a college of Judges.
§3 Judges are to
be of good repute, and possess a doctorate, or at least a licentiate, in canon
law.
Can. 1422 The
judicial Vicar, the associate judicial Vicars and the other judges are
appointed for a specified period of time, without prejudice to the provision of
can. 1420 §5. They cannot be removed from office except for a lawful and grave
reason.
Can. 1423 §1 With
the approval of the Apostolic See, several diocesan Bishops can agree to
establish one tribunal of first instance in their dioceses, in place of the
diocesan tribunals mentioned in cann. 1419-1421. In this case the group of
Bishops, or a Bishop designated by them, has all the powers which the diocesan
Bishop has for his tribunal.
§2 The tribunals
mentioned in §1 can be established for all cases, or for some types of cases
only.
Can. 1424 In any
trial a sole judge can associate with himself two assessors as advisers; they
may be clerics or lay persons of good repute.
Can. 1425 §1 The
following matters are reserved to a collegiate tribunal of three judges, any
contrary custom being reprobated:
1° contentious
cases: a) concerning the bond of sacred ordination; b) concerning the bond of
marriage, without prejudice to the provisions of cann. 1686 and 1688;
2° penal cases:
a) for offences which can carry the penalty of dismissal from the clerical
state; b) concerning the imposition or declaration of an excommunication.
§2 The Bishop can
entrust the more difficult cases or those of greater importance to the judgement
of three or of five judges.
§3 The judicial
Vicar is to assign judges in order by rotation to hear the individual cases,
unless in particular cases the Bishop has decided otherwise.
§4 In a trial at
first instance, if it should happen that it is impossible to constitute a
college of judges, the Episcopal Conference can for as long as the
impossibility persists, permit the Bishop to entrust cases to a sole clerical
judge. Where possible, the sole judge is to associate with himself an assessor
and an auditor.
§5 Once judges
have been designated, the judicial Vicar is not to replace them, except for a
very grave reason, which must be expressed in a decree.
Can. 1426 §1 A
collegiate tribunal must proceed in a collegiate fashion and give its judgement
by majority vote.
§2 As far as
possible, the judicial Vicar or an associate judicial Vicar must preside over
the collegiate tribunal.
Can. 1427 §1 If
there is a controversy between religious, or houses of the same clerical
religious institute of pontifical right, the judge at first instance, unless
the constitutions provide otherwise, is the provincial Superior or, if an
autonomous monastery is concerned, the local Abbot.
§2 Without
prejudice to a different provision in the constitutions, when a contentious
matter arises between two provinces, the supreme Moderator, either personally
or through a delegate, will be the judge at first instance. If the controversy
is between two monasteries, the Abbot superior of the monastic congregation
will be the judge.
§3 Finally, if a
controversy arises between physical or juridical persons of different religious
institutes or even of the same clerical institute of diocesan right or of the
same lay institute, or between a religious person and a secular cleric or a lay
person or a non‑religious juridical person, it is the diocesan tribunal
which judges at first instance.
Can. 1428 §1 The
judge or, in the case of a collegiate tribunal, the presiding judge, can
designate an auditor to instruct the case. The auditor may be chosen from the
tribunal judges, or from persons approved by the Bishop for this office.
§2 The Bishop can
approve clerics or lay persons for the role of auditor. They are to be persons
conspicuous for their good conduct, prudence and learning.
§3 The task of
the auditor is solely to gather the evidence in accordance with the judge’s
commission and, when gathered, to submit it to the judge. Unless the judge
determines otherwise, however, an auditor can in the meantime decide what
evidence is to be collected and the manner of its collection, should any
question arise about these matters while the auditor is carrying out his role.
Can. 1429 The
presiding judge of a collegiate tribunal is to designate one of the judges of
the college as ‘ponens’ or ‘relator’. This person is to present the case at the
meeting of the judges and set out the judgement in writing. For a just reason
the presiding judge can substitute another person in the place of the ‘ponens’.
Can. 1430 A
promotor of justice is to be appointed in the diocese for penal cases, and for
contentious cases in which the public good may be at stake. The promotor is
bound by office to safeguard the public good.
Can. 1431 §1 In
contentious cases it is for the diocesan Bishop to decide whether the public
good is at stake or not, unless the law prescribes the intervention of the
promotor of justice, or this is clearly necessary from the nature of things.
§2 If the
promotor of justice has intervened at an earlier instance of a trial, this
intervention is presumed to be necessary at a subsequent instance.
Can. 1432 A
defender of the bond is to be appointed in the diocese for cases which deal
with the nullity of ordination or the nullity or dissolution of marriage. The
defender of the bond is bound by office to present and expound all that can
reasonably be argued against the nullity or dissolution.
Can. 1433 In
cases in which the presence of the promotor of justice or of the defender of
the bond is required, the acts are invalid if they were not summoned. This does
not apply if, although not summoned, they were in fact present or, having
studied the acts, able to fulfil their role at least before the judgement.
Can. 1434 Unless
otherwise expressly provided:
1° whenever the
law directs that the judge is to hear the parties or either of them, the
promotor of justice and the defender of the bond are also to be heard if they
are present;
2° whenever, at
the submission of a party, the judge is required to decide some matter, the
submission of the promotor of justice or of the defender of the bond engaged in
the trial has equal weight.
Can. 1435 It is
the Bishop’s responsibility to appoint the promotor of justice and defender of
the bond. They are to be clerics or lay persons of good repute, with a
doctorate or a licentiate in canon law, and of proven prudence and zeal for
justice.
Can. 1436 §1 The
same person can hold the office of promotor of justice and defender of the
bond, although not in the same case.
§2 The promotor
of justice and the defender of the bond can be appointed for all cases, or for
individual cases. They can be removed by the Bishop for a just reason.
Can. 1437 §1 A
notary is to be present at every hearing, so much so that the acts are null
unless signed by the notary.
§2 Acts drawn up
by notaries constitute public proof.
Can. 1438 Without
prejudice to the provision of can. 1444 §1, n. 1:
1° an appeal from
the tribunal of a suffragan Bishop is to the metropolitan tribunal, without
prejudice to the provisions of can. 1439.
2° in cases heard
at first instance in the tribunal of the Metropolitan, the appeal is to a
tribunal which the Metropolitan, with the approval of the Apostolic See, has
designated in a stable fashion;
3° for cases
dealt with before a provincial Superior, the tribunal of second instance is
that of the supreme Moderator; for cases heard before the local Abbot, the
second instance court is that of the Abbot superior of the monastic
congregation.
Can. 1439 §1 If a
single tribunal of first instance has been constituted for several dioceses, in
accordance with the norm of can. 1423, the Episcopal Conference must, with the
approval of the Holy See, constitute a tribunal of second instance, unless the
dioceses are all suffragans of the same archdiocese.
§2 Even apart
from the cases mentioned in §1, the Episcopal Conference can, with the approval
of the Apostolic See, constitute one or more tribunals of second instance.
§3 In respect of
the second instance tribunals mentioned in §§1‑2, the Episcopal
Conference, or the Bishop designated by it, has all the powers that belong to a
diocesan Bishop in respect of his own tribunal.
Can. 1440 If
competence by reason of the grade of trial, in accordance with the provisions
of cann. 1438 and 1439, is not observed, then the non‑competence of the
judge is absolute.
Can. 1441 The
tribunal of second instance is to be constituted in the same way as the
tribunal of first instance. However, if a sole judge has given a judgement in
first instance in accordance with can. 1425 §4, the second instance tribunal is
to act collegially.
Can. 1442 The
Roman Pontiff is the supreme judge for the whole catholic world. He gives
judgement either personally, or through the ordinary tribunals of the Apostolic
See, or through judges whom he delegates.
Can. 1443 The
ordinary tribunal constituted by the Roman Pontiff to receive appeals is the
Roman Rota.
Can. 1444 The
Roman Rota judges:
1° in second
instance, cases which have been judged by ordinary tribunals of first instance
and have been referred to the Holy See by a lawful appeal;
2° in third or
further instance, cases which have been processed by the Roman Rota itself or
by any other tribunal, unless there is question of an adjudged matter.
§2 This tribunal
also judges in first instance the cases mentioned in can. 1405 §3, and any
others which the Roman Pontiff, either on his own initiative or at the request
of the parties, has reserved to his tribunal and has entrusted to the Roman
Rota. These cases are judged by the Rota also in second or further instances,
unless the rescript entrusting the task provides otherwise.
Can. 1445 §1 The
supreme Tribunal of the Apostolic Signatura hears:
1° plaints of
nullity, petitions for total reinstatement and other recourses against rotal
judgements;
2° recourses in
cases affecting the status of persons, which the Roman Rota has refused to
admit to a new examination;
3° exceptions of
suspicion and other cases against Auditors of the Roman Rota by reason of
things done in the exercise of their office;
4° the conflicts
of competence mentioned in can. 1416.
§2 This same
Tribunal deals with controversies which arise from an act of ecclesiastical
administrative power, and which are lawfully referred to it. It also deals with
other administrative controversies referred to it by the Roman Pontiff or by
departments of the Roman Curia, and with conflicts of competence among these
departments.
§3 This Supreme
Tribunal is also competent:
1° to oversee the
proper administration of justice and, should the need arise, to take notice of
advocates and procurators;
2° to extend the
competence of tribunals;
3° to promote and
approve the establishment of the tribunals mentioned in cann. 1423 and 1439.
Can. 1446 §1 All
Christ’s faithful, and especially Bishops, are to strive earnestly, with due
regard for justice, to ensure that disputes among the people of God are as far
as possible avoided, and are settled promptly and without rancour.
§2 In the early
stages of litigation, and indeed at any other time as often as he discerns any
hope of a successful outcome, the judge is not to fail to exhort and assist the
parties to seek an equitable solution to their controversy in discussions with one
another. He is to indicate to them suitable means to this end and avail himself
of serious‑minded persons to mediate.
§3 If the issue
is about the private good of the parties, the judge is to discern whether an
agreement or a judgement by an arbitrator, in accordance with the norms of
cann. 1717‑1720[[6]],
might usefully serve to resolve the controversy.
Can. 1447 Any
person involved in a case as judge, promotor of justice, defender of the bond,
procurator, advocate, witness or expert cannot subsequently, in another
instance, validly determine the same case as a judge or exercise the role of
assessor in it.
Can. 1448 §1 The
judge is not to undertake the hearing of a case in which any personal interest
may be involved by reason of consanguinity or affinity in any degree of the
direct line and up to the fourth degree of the collateral line, or by reason of
guardianship or tutelage, or of close acquaintanceship or marked hostility or
possible financial profit or loss.
§2 The promotor
of justice, the defender of the bond, the assessor and the auditor must
likewise refrain from exercising their offices in these circumstances.
Can. 1449 §1 In
the cases mentioned in can. 1448, if the judge himself does not refrain from
exercising his office, a party may object to him.
§2 The judicial
Vicar is to deal with this objection. If the objection is directed against the
judicial Vicar himself, the Bishop in charge of the tribunal is to deal with
the matter.
§3 If the Bishop
is the judge and the objection is directed against him, he is to refrain from
judging.
§4 If the
objection is directed against the promotor of justice, the defender of the bond
or any other officer of the tribunal, it is to be dealt
with by the
presiding judge of a collegial tribunal, or by the sole judge if there is only
one.
Can. 1450 If the
objection is upheld, the persons in question are to be changed, but not the
grade of trial.
Can. 1451 §1 The
objection is to be decided with maximum expedition, after hearing the parties,
the promotor of justice or the defender of the bond, if they are engaged in the
trial and the objection is not directed against them.
§2 Acts performed
by a judge before being objected to are valid. Acts performed after the
objection has been lodged must be rescinded if a party requests this within ten
days of the admission of the objection.
Can. 1452 §1 In a
matter which concerns private persons exclusively, a judge can proceed only at
the request of a party. In penal cases, however, and in other cases which
affect the public good of the Church or the salvation of souls, once the case
has been lawfully introduced, the judge can and must proceed ex officio.
§2 The judge can
also supply for the negligence of the parties in bringing forward evidence or
in opposing exceptions, whenever this is considered necessary in order to avoid
a gravely unjust judgement, without prejudice to the provisions of can. 1600.
Can. 1453 Judges
and tribunals are to ensure that, within the bounds of justice, all cases are
brought to a conclusion as quickly as possible. They are to see to it that in
the tribunal of first instance cases are not protracted beyond a year, and in
the tribunal of second instance not beyond six months.
Can. 1454 All who
constitute a tribunal or assist in it must take an oath to exercise their
office properly and faithfully.
Can. 1455 §1 In a
penal trial, the judges and tribunal assistants are bound to observe always the
secret of the office; in a contentious trial, they are bound to observe it if
the revelation of any part of the acts of the process could be prejudicial to
the parties.
§2 They are also
obliged to maintain permanent secrecy concerning the discussion held by the
judges before giving their judgement, and concerning the various votes and
opinions expressed there, without prejudice to the provisions of can. 1609 §4.
§3 Indeed, the
judge can oblige witnesses, experts, and the parties and their advocates or
procurators, to swear an oath to observe secrecy. This may be done if the
nature of the case or of the evidence is such that revelation of the acts or
evidence would put at risk the reputation of others, or give rise to quarrels,
or cause scandal or have any similar untoward consequence.
Can. 1456 The
judge and all who work in the tribunal are forbidden to accept any gifts on the
occasion of a trial.
Can. 1457 §1
Judges can be punished by the competent authority with appropriate penalties,
not excluding the loss of office, if, though certainly and manifestly
competent, they refuse to give judgement; if, with no legal support, they
declare themselves competent and hear and determine cases; if they breach the
law of secrecy; or if, through deceit or serious negligence, they cause harm to
the litigants.
§2 Tribunal
officers and assistants are subject to the same penalties if they fail in their
duty as above. The judge also has the power to punish them.
Can. 1458 Cases
are to be heard in the order in which they were received and entered in the
register, unless some case from among them needs to be dealt with more quickly
than others. This is to be stated in a special decree which gives supporting
reasons.
Can. 1459 §1
Defects which can render the judgement invalid can be proposed as exceptions at
any stage or grade of trial; likewise, the judge can declare such exceptions ex
officio.
§2 Apart from the
cases mentioned in §1, exceptions seeking a delay especially those which
concern persons and the manner of trial, are to be proposed before the joinder
of the issue, unless they emerge only after it. They are to be decided as soon
as possible.
Can. 1460 §1 If
an exception is proposed against the competence of the judge, the judge himself
must deal with the matter.
§2 Where the
exception concerns relative non‑competence and the judge pronounces
himself competent, his decision does not admit of appeal. However, a plaint of
nullity and a total reinstatement are not prohibited.
§3 If the judge
declares himself non‑competent, a party who complains of being adversely
affected can refer the matter within fifteen canonical days to the appeal
tribunal.
Can. 1461 A judge
who becomes aware at any stage of the case that he is absolutely non‑competent,
is bound to declare his non‑competence.
Can. 1462 §1
Exceptions to the effect that an issue has become an adjudged matter or has
been agreed between the parties, and those other peremptory exceptions which
are said to put an end to the suit, are to be proposed and examined before the
joinder of the issue. Whoever raises them subsequently is not to be rejected,
but will be ordered to pay the costs unless it can be shown that the objection
was not maliciously delayed.
§2 Other
peremptory exceptions are to be proposed in the joinder of the issue and
treated at the appropriate time under the rules governing incidental questions.
Can. 1463 §1
Counter actions can validly be proposed only within thirty days of the joinder
of the issue.
§2 Such counter
actions are to be dealt with at the same grade of trial and simultaneously with
the principal action, unless it is necessary to deal with them separately or
the judge considers this procedure more opportune.
Can. 1464
Questions concerning the guarantee of judicial expenses or the grant of free
legal aid which has been requested from the very beginning of the process, and
other similar matters, are normally to be settled before the joinder of the
issue
Can. 1465 §1 The
so‑called canonical time limits are fixed times beyond which rights cease
in law. They cannot be extended, nor can they validly be shortened except at
the request of the parties.
§2 After hearing
the parties, or at their request, the judge can, for a just reason, extend
before they expire times fixed by himself or agreed by the parties. These times
can never validly be shortened without the consent of the parties.
§3 The judge is
to ensure that litigation is not unduly prolonged by reason of postponement.
Can. 1466 Where
the law does not establish fixed times for concluding procedural actions, the
judge is to define them, taking into consideration the nature of each act.
Can. 1467 If the
day appointed for a judicial action is a holiday, the fixed term is considered
to be postponed to the first subsequent day which is not a holiday.
Can. 1468 As far
as possible, the place where each tribunal sits is to be an established office
which is open at stated times.
Can. 1469 §1 A
judge who is forcibly expelled from his territory or prevented from exercising
jurisdiction there, can exercise his jurisdiction and deliver judgement outside
the territory. The diocesan Bishop is, however, to be informed of the matter.
§2 Apart from the
circumstances mentioned in §1, the judge, for a just reason and after hearing
the parties, can go outside his own territory to gather evidence. This is to be
done with the permission of, and in a place designated by, the diocesan Bishop
of the place to which he goes.
Can. 1470 §1
Unless particular law prescribes otherwise, when cases are being heard before
the tribunal, only those persons are to be present whom the law or the judge
decides are necessary for the hearing of the case.
§2 The judge can
with appropriate penalties take to task all who, while present at a trial, are
gravely lacking in the reverence and obedience due to the tribunal. He can,
moreover, suspend advocates and procurators from exercising their office in
ecclesiastical tribunals.
Can. 1471 If a
person to be interrogated uses a language unknown to the judge or the parties,
an interpreter, appointed by the judge and duly sworn, can be employed in the
case. Declarations are to be committed to writing in the original language, and
a translation is to be added. An interpreter is also to be used if a deaf and
dumb person must be interrogated, unless the judge prefers that replies to the
questions he has asked be given in writing.
Can. 1472 §1
Judicial acts must be in writing, both those which refer to the merits of the
case, that is, the acts of the case, and those which refer to the procedure,
that is, the procedural acts.
§2 Each page of
the acts is to be numbered and bear a seal of authenticity.
Can. 1473
Whenever the signature of parties or witnesses is required in judicial acts,
and the party or witness is unable or unwilling to sign, this is to be noted in
the acts. At the same time the judge and the notary are to certify that the act
was read verbatim to the party or witness, and that the party or witness was
either unable or unwilling to sign.
Can. 1474 §1 In
the case of an appeal, a copy of the acts is to be sent to the higher tribunal,
with a certification by the notary of its authenticity.
§2 If the acts
are in a language unknown to the higher tribunal, they are to be translated
into another language known to it. Suitable precautions are to be taken to
ensure that the translation is accurate.
Can. 1475 §1 When
the trial has been completed, documents which belong to private individuals
must be returned to them, though a copy of them is to be retained.
§2 Without an
order from the judge, notaries and the chancellor are forbidden to hand over to
anyone a copy of the judicial acts and documents obtained in the process.
Can. 1476 Any
person, baptised or unbaptised, can plead before a court. A person lawfully
brought to trial must respond.
Can. 1477 Even
though the plaintiff or the respondent has appointed a procurator or advocate,
each is always bound to be present in person at the trial when the law or the
judge so prescribes.
Can. 1478 §1
Minors and those who lack the use of reason can stand before the court only
through their parents, guardians or curators, subject to the provisions of §3.
§2 If the judge
considers that the rights of minors are in conflict with the rights of the
parents, guardians or curators, or that these cannot sufficiently protect the
rights of the minors, the minors are to stand before the court through a
guardian or curator assigned by the judge.
§3 However, in
cases concerning spiritual matters and matters linked with the spiritual, if
the minors have the use of reason, they can plead and respond without the
consent of parents or guardians; indeed, if they have completed their
fourteenth year, they can stand before the court on their own behalf;
otherwise, they do so through a curator appointed by the judge.
§4 Those barred
from the administration of their goods and those of infirm mind can themselves
stand before the court only to respond concerning their own offences, or by
order of the judge. In other matters they must plead and respond through their
curators.
Can. 1479 A
guardian or curator appointed by a civil authority can be admitted by an
ecclesiastical judge, after he has consulted, if possible, the diocesan Bishop
of the person to whom the guardian or curator has been given. If there is no
such guardian or curator, or it is not seen fit to admit the one appointed, the
judge is to appoint a guardian or curator for the case.
Can. 1480 §1
Judicial persons stand before the court through their lawful representatives.
§2 In a case of
absence or negligence of the representative, the Ordinary himself, either
personally or through another, can stand before the court in the name of
juridicial persons subject to his authority.
Can. 1481 §1 A
party can freely appoint an advocate and procurator for him or herself. Apart
from the cases stated in §§2 and 3, however, a party can plead and respond
personally, unless the judge considers the services of a procurator or advocate
to be necessary.
§2 In a penal
trial the accused must always have an advocate, either appointed personally or
allocated by the judge.
§3 In a
contentious trial which concerns minors or the public good, the judge is ex
officio to appoint a legal representative for a party who lacks one;
matrimonial cases are excepted.
Can. 1482 §1 A
person can appoint only one procurator; the latter cannot appoint a substitute,
unless this faculty has been expressly conceded.
§2 If, however,
several procurators have for a just reason been appointed by the same person,
these are to be so designated that there is the right of prior claim among
them.
§3 Several
advocates can, however, be appointed together.
Can. 1483 The
procurator and advocate must have attained their majority and be of good
repute. The advocate is also to be a catholic unless the diocesan Bishop
permits otherwise, a doctor in canon law or otherwise well qualified, and
approved by the same Bishop.
Can. 1484 §1
Prior to undertaking their office, the procurator and the advocate must deposit
an authentic mandate with the tribunal.
§2 To prevent the
extinction of a right, however, the judge can admit a procurator even though a
mandate has not been presented; in an appropriate case, a suitable guarantee is
to be given. However, the act lacks all force if the procurator does not present
a mandate within the peremptory time‑limit to be prescribed by the judge.
Can. 1485 Without
a special mandate, a procurator cannot validly renounce a case, an instance or
any judicial act; nor can a procurator settle an action, bargain, promise to
abide by an arbitrator’s award, or in general do anything for which the law
requires a special mandate.
Can. 1486 §1 For
the dismissal of a procurator or advocate to have effect, it must be notified
to them and, if the joinder of the issue has taken place, the judge and the
other party must be notified of the dismissal.
§2 When a
definitive judgement has been given, the right and duty to appeal lie with the
procurator, unless the mandating party refuses.
Can. 1487 For a
grave reason, the procurator and the advocate can be removed from office by a
decree of the judge given either ex officio or at the request of the party.
Can. 1488 §1 Both
the procurator and the advocate are forbidden to influence a suit by bribery,
seek immoderate payment, or bargain with the successful party for a share of
the matter in dispute. If they do so, any such agreement is invalid and they
can be fined by the judge. Moreover, the advocate can be suspended from office
and, if this is not a first offence, can be removed from the register of
advocates by the Bishop in charge of the tribunal.
§2 The same
sanctions can be imposed on advocates and procurators who fraudulently exploit
the law by withdrawing cases from tribunals which are competent, so that they
may be judged more favourably by other tribunals.
Can. 1489
Advocates and procurators who betray their office because of gifts or promises,
or any other consideration, are to be suspended from the exercise of their
profession, and be fined or punished with other suitable penalties.
Can. 1490 As far
as possible, permanent advocates and procurators are to be appointed in each
tribunal and to receive a salary from the tribunal. They are to exercise their
office, especially in matrimonial cases, for parties who may wish to choose
them.
Can. 1491 Every
right is reinforced not only by an action, unless otherwise expressly provided,
but also by an exception.
Can. 1492 §1
Every action is extinguished by prescription in accordance with the law, or in
any other lawful way, with the exception of actions bearing on personal status,
which are never extinguished.
§2 Without
prejudice to the provision of can. 1462, an exception is always possible, and
is of its nature perpetual.
Can. 1493 A
plaintiff can bring several exceptions simultaneously against another person,
concerning either the same matter or different matters, provided they are not
in conflict with one another, and do not go beyond the competence of the
tribunal that has been approached.
Can. 1494 §1 A
respondent can institute a counter action against a plaintiff before the same
judge and in the same trial, either by reason of the case’s connection with the
principal action, or with a view to removing or mitigating the plaintiff’s
plea.
§2 A counter action
to a counter action is not admitted.
Can. 1495 The
counter action is to be proposed to the judge before whom the original action
was initiated, even though he has been delegated for one case only, or is
otherwise relatively non‑competent.
Can. 1496 §1 A
person who advances arguments, which are at least probable, to support a right
to something held by another, and to indicate an imminent danger of loss of the
object unless it is handed over for safekeeping, has a right to obtain from the
judge the sequestration of the object in question.
§2 In similar
circumstances, a person can obtain a restraint on another person’s exercise of
a right.
Can. 1497 §1 The
sequestration of an object is also allowed for the security of a loan, provided
there is sufficient evidence of the creditor’s right.
§2 Sequestration
can also extend to the assets of a debtor which, on whatever title, are in the
keeping of others, as well as to the loans of the debtor.
Can. 1498 The
sequestration of an object, and restraint on the exercise of a right, can in no
way be decreed if the loss which is feared can be otherwise repaired, and a
suitable guarantee is given that it will be repaired.
Can. 1499 The
judge who grants the sequestration of an object, or the restraint on the
exercise of a right, can first impose on the person to whom the grant is made
an undertaking to repay any loss if the right is not proven.
Can. 1500 In
matters concerning the nature and effect of an action for possession, the
provisions of the civil law of the place where the thing to be possessed is
situated, are to be observed.
Can. 1501 A judge
cannot investigate any case unless a plea, drawn up in accordance with canon
law, is submitted either by a person whose interest is involved, or by the
promotor of justice.
Can. 1502 A
person who wishes to sue another must present a petition to a judge who is
lawfully competent. In this petition the matter in dispute is to be set out and
the intervention of the judge requested.
Can. 1503 §1 A
judge can admit an oral plea whenever the plaintiff is impeded from presenting
a petition or when the case can be easily investigated and is of minor
significance.
§2 In both cases,
however, the judge is to direct a notary to record the matter in writing. This
written record is to be read to, and approved by, the plaintiff, and it takes
the place of a petition written by the plaintiff as far as all effects of law
are concerned.
Can. 1504 The
petition by which a suit is introduced must:
1° state the
judge before whom the case is being introduced, what is being sought and from
whom it is being sought;
2° indicate on
what right the plaintiff bases the case and, at least in general terms, the
facts and evidence to be submitted in support of the allegations made;
3° be signed by
the plaintiff or the plaintiff’s procurator, and bear the day, the month and
the year, as well as the address at which the plaintiff or the procurator
resides, or at which they say they reside for the purpose of receiving the
acts;
4° indicate the
domicile or quasi‑domicile of the respondent.
Can. 1505 §1 Once
he has satisfied himself that the matter is within his competence and the
plaintiff has the right to stand before the court, the sole judge, or the
presiding judge of a collegiate tribunal, must as soon as possible by his
decree either admit or reject the petition.
§2 A petition can
be rejected only if:
1° the judge or
the tribunal is not legally competent;
2° it is
established beyond doubt that the plaintiff lacks the right to stand before the
court;
3° the provisions
of can. 1504 nn. 1‑3 have not been observed
4° it is
certainly clear from the petition that the plea lacks any foundation, and that
there is no possibility that a foundation will emerge from a process.
§3 If a petition
has been rejected by reason of defects which can be corrected, the plaintiff
can draw up a new petition correctly and present it again to the same judge.
§4 A party is
always entitled, within ten canonical days, to have recourse, based upon stated
reasons, against the rejection of a petition. This recourse is to be made
either to the tribunal of appeal or, if the petition was rejected by the
presiding judge, to the collegiate tribunal. A question of rejection is to be
determined with maximum expedition.
Can. 1506 If
within a month of the presentation of a petition, the judge has not issued a
decree admitting or rejecting it in accordance with can. 1505, the interested
party can insist that the judge perform his duty. If, notwithstanding this, the
judge does not respond within ten days of the party’s request, the petition is
to be taken as having been admitted.
Can. 1507 §1 In
the decree by which a plaintiff’s petition is admitted, the judge or the
presiding judge must call or summon the other parties to court to effect the
joinder of the issue; he must prescribe whether, in order to agree the point at
issue, they are to reply in writing or to appear before him. If, from their
written replies, he perceives the need to convene the parties, he can determine
this by a new decree.
§2 If a petition
is deemed admitted in accordance with the provisions of can. 1506, the decree
of summons to the trial must be issued within twenty days of the request of
which that canon speaks.
§3 If the
litigants in fact present themselves before the judge to pursue the case, there
is no need for a summons; the notary, however, is to record in the acts that
the parties were present at the trial.
Can. 1508 §1 The
decree of summons to the trial must be notified at once to the respondent, and
at the same time to any others who are obliged to appear.
§2 The petition
introducing the suit is to be attached to the summons, unless for grave reasons
the judge considers that the petition is not to be communicated to the other
party before he or she gives evidence.
§3 If a suit is
brought against a person who does not have the free exercise of personal
rights, or the free administration of the matters in dispute, the summons is to
be notified to, as the case may be, the guardian, the curator, the special
procurator, or the one who according to law is obliged to undertake legal
proceedings in the name of such a person.
Can. 1509 §1 With
due regard to the norms laid down by particular law, the notification of
summonses, decrees, judgements and other judicial acts is to be done by means
of the public postal service, or by some other particularly secure means.
§2 The fact and
the manner of notification must be shown in the acts.
Can. 1510 A
respondent who refuses to accept a document of summons, or who circumvents the
delivery of a summons, is to be regarded as lawfully summoned.
Can. 1511 Without
prejudice to the provision of can. 1507 §3, if a summons has not been lawfully
communicated, the acts of the process are null.
Can. 1512 Once a
summons has been lawfully communicated, or the parties have presented
themselves before a judge to pursue the case:
1° the matter
ceases to be a neutral one;
2° the case
becomes that of the judge or of the tribunal, in other respects lawfully
competent, before whom the action was brought;
3° the
jurisdiction of a delegated judge is established in such a way that it does not
lapse on the expiry of the authority of the person who delegated;
4° prescription
is interrupted, unless otherwise provided;
5° the suit
begins to be a pending one, and therefore the principle immediately applies
‘while a suit is pending, no new element is to be introduced’.
Can. 1513 §1 The
joinder of the issue occurs when the terms of the controversy, as derived from
the pleas and the replies of the parties, are determined by a decree of the
judge.
§2 The pleas and
the replies of the parties may be expressed not only in the petition
introducing the suit, but also either in the response to the summons, or in
statements made orally before the judge. In more difficult cases, however, the
parties are to be convened by the judge, so as to agree the question or
questions to which the judgement must respond.
§3 The decree of
the judge is to be notified to the parties. Unless they have already agreed on
the terms, they may within ten days have recourse to the same judge to request
that the decree be altered. This question, however, is to be decided with maximum
expedition by a decree of the judge.
Can. 1514 Once
determined, the terms of the controversy cannot validly be altered except by a
new decree, issued for a grave reason, at the request of the party, and after
the other parties have been consulted and their observations considered.
Can. 1515 Once
the joinder of the issue has occurred, the possessor of another’s property
ceases to be in good faith. If, therefore, the judgement is that he or she
return the property, the possessor must return also any profits accruing from
the date of the joinder, and must compensate for damages.
Can. 1516 Once
the joinder of the issue has occurred, the judge is to prescribe an appropriate
time within which the parties are to present and to complete the evidence.
Can. 1517 The
trial of the issue is initiated by the summons. It is concluded not only by the
pronouncement of the definitive judgement, but also by other means determined
by law.
Can. 1518 If a
litigant dies, or undergoes a change in status, or ceases from the office in
virtue of which he or she was acting:
1° if the case
has not yet been concluded, the trial is suspended until the heir of the
deceased, or the successor, or a person whose interest is involved, resumes the
suit
2° if the case
has been concluded, the judge must proceed to theremaining steps of the case,
having first summoned the procurator, if there is one, or else the heir or the
successor of the deceased.
Can. 1519 §1 If
the guardian or the curator or the procurator required in accordance with can.
1481 §§1 and 3, ceases from office, the trial is suspended for the time being.
§2 However, the
judge is to appoint another guardian or curator as soon as possible. He can
appoint a procurator ad litem if the party has neglected to do so within the
brief time prescribed by the judge himself.
Can. 1520 If over
a period of six months, no procedural act is performed by the parties, and they
have not been impeded from doing so, the trial is abated. Particular law may
prescribe other time limits for abatement.
Can. 1521
Abatement takes effect by virtue of the law itself, and it is effective against
everyone, even minors and those equivalent to minors; moreover, it must be
declared even ex officio. This, however, is without prejudice to the right to
claim compensation against those guardians, curators, administrators and
procurators who have not proved that they were without fault.
Can. 1522
Abatement extinguishes the acts of the process, but not the acts of the case.
The acts of the case may indeed be employed in another instance, provided the
case is between the same persons and about the same matter. As far as those
outside the case are concerned, however these acts have no standing other than
as documents.
Can. 1523 When a
trial has been abated, the litigants are to bear the expenses which each has
incurred.
Can. 1524 §1 The
plaintiff may renounce a trial at any stage or at any grade. Likewise, both the
plaintiff and the respondent may renounce the acts of the process either in
whole or only in part.
§2 To renounce
the trial of an issue, guardians and administrators of juridical persons must
have the advice or the consent of those whose agreement is required to conduct
negotiations which exceed the limits of ordinary administration.
§3 To be valid, a
renunciation must be in writing, and must be signed either by the party, or by
a procurator who has been given a special mandate for this purpose; it must be
communicated to the other party, who must accept or at least not oppose it; and
it must be admitted by the judge.
Can. 1525 Once a
renunciation has been admitted by the judge, it has the same effects for the
acts which have been renounced as has an abatement of the trial. Likewise, it
obliges the person renouncing to pay the expenses of those acts which have been
renounced.
Can. 1526 §1 The
onus of proof rests upon the person who makes an allegation.
§2 The following
matters do not require proof:
1° matters which
are presumed by the law itself;
2° facts alleged
by one of the litigants and admitted by the other, unless their proof is
nevertheless required either by law or by the judge.
Can. 1527 §1 Any
type of proof which seems useful for the investigation of the case and is
lawful, may be admitted.
§2 If a party
submits that proof, which has been rejected by the judge, should be admitted,
the judge is to determine the matter with maximum expedition.
Can. 1528 If a
party or a witness refuses to testify before the judge, that person may
lawfully be heard by another, even a lay person, appointed by the judge, or
asked to make a declaration either before a public notary or in any other
lawful manner.
Can. 1529 Unless
there is a grave reason, the judge is not to proceed to collect the proofs
before the joinder of the issue.
Can. 1530 The
judge may always question the parties the more closely to elicit the truth. He
must do so if requested by one of the parties, or in order to prove a fact
which the public interest requires to be placed beyond doubt.
Can. 1531 §1 A
party who is lawfully questioned is obliged to respond and to tell the whole
truth.
§2 If a party has
refused to reply, it is for the judge to evaluate what, as far as the proof of
the facts is concerned, can be deduced therefrom.
Can. 1532 Unless
a grave reason suggests otherwise, in cases in which the public good is at
stake the judge is to administer to the parties an oath that they will tell the
truth, or at least that what they have said is the truth. In other cases, it is
left to the prudent discretion of the judge to determine whether an oath is to
be administered.
Can. 1533 The
parties, the promotor of justice and the defender of the bond may submit to the
judge propositions upon which a party is to be questioned.
Can. 1534 The
provisions of cann. 15482, n. 1, 1552 and 1558‑1565 concerning witnesses
are to be observed, with the appropriate qualifications, in the questioning of
the parties.
Can. 1535 A
judicial confession is an assertion of fact against oneself, concerning a
matter relevant to the trial, which is made by a party before a judge who is
legally competent; this is so whether the assertion is made in writing or
orally, whether spontaneously or in response to the judge’s questioning.
Can. 1536 §1 In a
private matter and where the public good is not at stake, a judicial confession
of one party relieves the other parties of the onus of proof.
§2 In cases which
concern the public good, however, a judicial confession, and declarations by
the parties which are not confessions, can have a probative value that is to be
weighed by the judge in association with the other circumstances of the case,
but the force of full proof cannot be attributed to them unless there are other
elements which wholly corroborate them.
Can. 1537 It is
for the judge, having considered all the circumstances, to evaluate the weight
to be given to an extra‑judicial confession which is introduced into the
trial.
Can. 1538 A
confession, or any other declaration of a party, is devoid of all force if
clearly shown to be based on an error of fact or to have been extracted by
force or grave fear.
Can. 1539 In
every type of trial documentary proof is admitted, whether the documents be
public or private.
Article 1: The
Nature and Reliability of Documents
Can. 1540 §1
Public ecclesiastical documents are those which an official person draws up in
the exercise of his or her function in the Church and in which the formalities
required by law have been observed.
§2 Public civil
documents are those which are legally regarded as such in accordance with the
laws of each place.
§3 All other
documents are private.
Can. 1541 Unless
it is otherwise established by contrary and clear arguments, public documents
constitute acceptable evidence of those matters which are directly and
principally affirmed in them.
Can. 1542 A
private document, whether acknowledged by a party or admitted by a judge, has
the same probative force as an extra‑judicial confession, against its
author or the person who has signed it and against persons whose case rests on
that of the author or signatory. Against others it has the same force as have
declarations by the parties which are not confessions, in accordance with can.
1536 §2.
Can. 1543 If
documents are shown to have been erased, amended, falsified or otherwise
tampered with, it is for the judge to evaluate to what extent, if any, they are
to be given credence.
Article 2: The
Production of Documents
Can. 1544
Documents do not have probative force at a trial unless they are submitted in
original form or in authentic copy and are lodged in the office of the
tribunal, so that they may be inspected by the judge and by the opposing party.
Can. 1545 The
judge can direct that a document common to each of the parties is to be
submitted in the process.
Can. 1546 §1 No
one is obliged to exhibit documents, even if they are common, which cannot be
communicated without danger of the harm mentioned in can. 1548 §2, n. 2, or
without the danger of violating a secret which is to be observed.
§2 If, however,
at least an extract from a document can be transcribed and submitted in copy
without the disadvantages mentioned, the judge can direct that it be produced
in that form.
Can. 1547 Proof
by means of witnesses is admitted in all cases, under the direction of the
judge.
Can. 1548 §1
Witnesses must tell the truth to a judge who lawfully questions them.
§2 Without
prejudice to the provisions of can. 1550 §2, n. 2 the following are exempted from
the obligation of replying to questions:
1° clerics, in
those matters revealed to them by reason of their sacred ministry; civil
officials, doctors, midwives, advocates, notaries and others who are bound by
the secret of their office, even on the ground of having offered advice, in
respect of matters subject to this secret;
2° those who fear
that, as a result of giving evidence, a loss of reputation, dangerous
harassment or some other grave evil will arise for themselves, their spouses,
or those related to them by consanguinity or affinity.
Article 1: Those
who can be Witnesses
Can. 1549
Everyone can be a witness, unless expressly excluded, whether wholly or in
part, by the law.
Can. 1550 §1
Minors under the age of fourteen years and those who are of feeble mind are not
admitted to give evidence. They can, however, be heard if the judge declares by
a decree that it would be appropriate to do so.
§2 The following
are deemed incapable of being witnesses:
1° the parties in
the case or those who appear at the trial in the name of the parties; the judge
and his assistant; the advocate and those others who in the same case assist or
have assisted the parties;
2° priests, in
respect of everything which has become known to them in sacramental confession,
even if the penitent has asked that these things be made known. Moreover,
anything that may in any way have been heard by anyone on the occasion of
confession, cannot be accepted even as an indication of the truth.
Article 2: The
Introduction and the Exclusion of Witnesses
Can. 1551 A party
who has introduced a witness may forego the examination of that witness, but
the opposing party may ask that the witness nevertheless be examined.
Can. 1552 §1 When
proof by means of witnesses is sought, the names and addresses of the witnesses
are to be communicated to the tribunal.
§2 The
propositions on which the interrogation of the witnesses is requested, are to
be submitted within the time‑limit determined by the judge; otherwise,
the request is to be deemed abandoned.
Can. 1553 It is
for the judge to curb an excessive number of witnesses.
Can. 1554 Before
witnesses are examined, their names are to be communicated to the parties. If,
in the prudent opinion of the judge, this cannot be done without great
difficulty, it is to be done at least before the publication of the evidence.
Can. 1555 Without
prejudice to the provisions of can. 1550, a party may request that a witness be
excluded, provided a just reason for exclusion is established before the
witness is examined.
Can. 1556 The
summons of a witness is effected by a decree of the judge lawfully notified to
the witness.
Can. 1557 A
properly summoned witness is to appear, or to make known to the judge the
reason for being absent.
Article 3: The
Examination of Witnesses
Can. 1558 §1
Witnesses are to be examined at the office of the tribunal unless the judge
deems otherwise.
§2 Cardinals,
Patriarchs, Bishops, and those who in their own civil law enjoy a similar
favour, are to be heard at the place selected by themselves.
§3 Without
prejudice to the provisions of can. 1418 and 1469 §2, the judge is to decide
where witnesses are to be heard for whom, by reason of distance, illness or
other impediment, it is impossible or difficult to come to the office of the
tribunal.
Can. 1559 The
parties cannot be present at the examination of the witnesses unless,
especially when there is question of a private interest, the judge has
determined that they are to be admitted. Their advocates or procurators,
however, may attend, unless by reason of the circumstances of matter and
persons, the judge has determined that the proceedings are to be in secret.
Can. 1560 §1 The
witnesses are to be examined individually and separately.
§2 If in a grave
matter the witnesses disagree either among themselves or with one of the
parties, the judge may arrange for those who differ to meet or to confront one
another, but must, in so far as possible, eliminate discord and scandal.
Can. 1561 The
examination of a witness is conducted by the judge, or by his delegate or an
auditor, who is to be attended by a notary. Accordingly, unless particular law
provides otherwise, if the parties or the promotor of justice or the defender
of the bond or the advocates who are present at the hearing have additional
questions to put to the witness, they are to propose these not to the witness,
but to the judge, or to the one who is taking the judge’s place, so that he or
she may put them.
Can. 1562 §1 The
judge is to remind the witness of the grave obligation to tell the whole truth
and nothing but the truth.
§2 The judge is
to administer an oath to the witness in accordance with can. 1532. If, however,
a witness refuses to take an oath, he or she is to be heard unsworn.
Can. 1563 The
judge is first of all to establish the identity of the witness. The
relationship which the witness has with the parties is to be probed, and when
specific questions concerning the case are asked of the witness enquiry is to
be made into the sources of his or her knowledge and the precise time the
witness came to know the matters which are asserted.
Can. 1564 The
questions are to be brief, and appropriate to the understanding of the person
being examined. They are not to encompass a number of matters at the same time,
nor be captious or deceptive. They are not to be leading questions, nor give
any form of offence. They are to be relevant to the case in question.
Can. 1565 §1 The
questions are not to be made known in advance to the witnesses.
§2 If, however,
the matters about which evidence is to be given are so remote in memory that
they cannot be affirmed with certainty unless they are recalled beforehand, the
judge may, if he thinks this can safely be done, advise the witness in advance
about certain aspects of the matter.
Can. 1566 The
witnesses are to give evidence orally. They are not to read from a script,
except where there is a question of calculations or accounts; in this case,
they may consult notes which they have brought with them.
Can. 1567 §1 The
replies are to be written down at once by the notary. The record must show the
very words of the evidence given, at least in what concerns those things which
bear directly on the matter of the trial.
§2 The use of a
tape‑recorder is allowed, provided the replies are subsequently committed
to writing and, if possible, signed by the deponents.
Can. 1568 The
notary is to mention in the acts whether the oath was taken or excused or
refused; who were present, parties and others; the questions added ex officio;
and in general, everything worthy of record which may have occurred while the
witnesses were being examined.
Can. 1569 §1 At
the conclusion of the examination, the record of the evidence, either as
written down by the notary or as played back from the tape‑recording,
must be communicated to the witness, who is to be given the opportunity of
adding to, omitting from, correcting or varying it.
§2 Finally, the
witness, the judge and the notary must sign the record.
Can. 1570 Before
the acts or the testimony are published, witnesses, even though already
examined, may be called for re‑examination, either at the request of a
party or ex officio. This may be done if the judge considers it either
necessary or useful, provided there is no danger whatever of collusion or of
inducement.
Can. 1571
Witnesses must be refunded both the expenses they incurred and the losses they
sustained by reason of their giving evidence, in accordance with the equitable
assessment of the judge.
Article 4: The
Credibility of Evidence
Can. 1572 In
weighing evidence the judge may, if it is necessary, seek testimonial letters,
and is to take into account:
1° the condition
and uprightness of the witness
2° whether the
knowledge was acquired at first hand, particularly ifit was something seen or
heard personally, or whether it was opinion, rumour or hearsay;
3° whether the
witness is constant and consistent, or varies, is uncertain or vacillating;
4° whether there
is corroboration of the testimony, and whether it is confirmed or not by other
items of evidence.
Can. 1573 The
deposition of one witness cannot amount to full proof, unless the witness is a
qualified one who gives evidence on matters carried out in an official
capacity, or unless the circumstances of persons and things persuade otherwise.
Can. 1574 The
services of experts are to be used whenever, by a provision of the law or of
the judge, their study and opinion, based upon their art or science, are
required to establish some fact or to ascertain the true nature of some matter.
Can. 1575 It is
for the judge, after hearing the opinions or suggestions of the parties, to
appoint the experts or, if such is the case, to accept reports already made by
other experts.
Can. 1576 Experts
can be excluded or objected to for the same reasons as witnesses.
Can. 1577 §1 The
judge in his decree must define the specific terms of reference to be
considered in the expert’s task, taking into account whatever may have been
gathered from the litigants.
§2 The expert is
to be given the acts of the case, and any documents and other material needed
for the proper and faithful discharge of his or her duty.
§3 The judge,
after discussion with the expert, is to determine a time for the completion of
the examination and the submission of the report.
Can. 1578 §1 Each
expert is to complete a report distinct from that of the others, unless the
judge orders that one report be drawn up and signed by all of them. In this
case, differences of opinion, if there are such, are to be faithfully noted.
§2 Experts must
clearly indicate the documents or other appropriate means by which they have
verified the identity of persons, places or things. They are also to state the
manner and method followed in fulfilling the task assigned to them, and the
principal arguments upon which their conclusions are based.
§3 If necessary,
the expert may be summoned by the judge to supply further explanations.
Can. 1579 §1 The
judge is to weigh carefully not only the expert’s conclusions, even when they
agree, but also all the other circumstances of the case.
§2 When he is
giving the reasons for his decision, the judge must state on what grounds he
accepts or rejects the conclusions of the experts.
Can. 1580 Experts
are to be paid their expenses and honorariums. These are to be determined by
the judge in a proper and equitable manner, with due observance of particular
law.
Can. 1581 §1
Parties can designate their own experts, to be approved by the judge.
§2 If the judge
admits them, these experts can inspect the acts of the case, in so far as
required for the discharge of their duty, and can be present when the appointed
experts fulfil their role. They can always submit their reports.
Can. 1582 If, in
order to decide the case, the judge considers it opportune to visit some place,
or inspect some thing, he is to set this out in a decree. After he has heard
the parties, the decree is to give a brief description of what is to be made
available for this access.
Can. 1583 After
the inspection has been carried out, a document concerning it is to be drawn
up.
Can. 1584 A
presumption is a probable conjecture about something which is uncertain.
Presumptions of law are those stated in the law; human presumptions are those
made by a judge.
Can. 1585 A
person with a presumption of law in his or her favour is freed from the onus of
proof, which then falls on the other party.
Can. 1586 The
judge is not to make presumptions which are not stated in the law, other than
on the basis of a certain and determinate fact directly connected to the matter
in dispute.
Can. 1587 An
incidental matter arises when, after the case has begun by the summons, a
question is proposed which, even though not expressly raised in the petition
which introduced the case, is yet so relevant to the case that it needs to be
settled before the principal question.
Can. 1588 An
incidental matter is proposed before the judge who is competent to decide the
principal case. It is raised in writing or orally, indicating the connection
between it and the principal case.
Can. 1589 §1 When
the judge has received the petition and heard the parties, he is to decide with
maximum expedition whether the proposed incidental matter has a foundation in,
and a connection with, the principal matter, or whether it is to be rejected from
the outset. If he admits it he must decide whether it is of such gravity that
it needs to be determined by an interlocutory judgement or by a decree.
§2 If, however,
he concludes that the incidental matter is not to be decided before the
definitive judgement, he is to determine that account be taken of it when the
principal matter is decided.
Can. 1590 §1 If
the incidental matter is to be decided by judgement, the norms for a
contentious oral process are to be observed unless, because of the gravity of
the issue, the judge deems otherwise.
§2 If it is to be
decided by decree, the tribunal can entrust the matter to an auditor or to the
presiding judge.
Can. 1591 Before
the principal matter is concluded, the judge or the tribunal may for a just
reason revoke or alter an interlocutory judgement or decree. This can be done
either at the request of a party or ex officio by the judge after he has heard
the parties.
Can. 1592 §1 If a
respondent is summoned but does not appear, and either does not offer an
adequate excuse for absence or has not replied in accordance with can. 1507 §1,
the judge is to declare the person absent from the process, and decree that the
case is to proceed to the definitive judgement and to its execution, with due
observance of the proper norms.
§2 Before issuing
the decree mentioned in §1, the judge must make sure, if necessary by means of
another summons, that a lawful summons did reach the respondent within the
canonical time.
Can. 1593 §1 If
the respondent thereafter appears before the judge, or replies before the trial
is concluded, he or she can bring forward conclusions and proofs, without prejudice
to the provisions of can. 1600; the judge is to take care, however, that the
process is not deliberately prolonged by lengthy and unnecessary delays.
§2 Even if the
respondent has neither appeared nor given a reply before the case is decided,
he or she can challenge the judgement; if the person can show that there was a
just reason for being absent, and that there was no fault involved in not
intimating this earlier, a plaint of nullity can be lodged.
Can. 1594 If the
plaintiff does not appear on the day and at the hour arranged for the joinder
of the issue, and does not offer a suitable excuse:
1° the judge is
to summon the plaintiff again;
2° if the
plaintiff does not obey the new summons, it is presumed that the case has been
abandoned in accordance with cann. 1524‑‑1525;
3° if the
plaintiff should want to intervene at a subsequent stage in the process, the
provisions of can. 1593 are to be observed.
Can. 1595 §1 A
party, whether plaintiff or respondent, who is absent from the trial, and who
does not establish the existence of a just impediment, is bound to pay the
expenses which have been incurred in the case because of this absence, and
also, if need be, to indemnify the other party.
§2 If both the
plaintiff and the respondent were absent from the trial, they are jointly bound
to pay the expenses of the case.
Can. 1596 §1 Any
person with a legitimate interest can be allowed to intervene in a case in any
instance of the suit, either as a party defending his or her own right or, in
an accessory role, to help one of the litigants.
§2 To be
admitted, however, the person must, before the conclusion of the case, produce
to the judge a petition which briefly establishes the right to intervene.
§3 A person who
intervenes in a case is to be admitted at that stage which the case has
reached. If the case has reached the evidence stage, a brief and peremptory
time‑limit is to be assigned within which to bring forward evidence.
Can. 1597 A third
party whose intervention is seen to be necessary must be called into the case
by the judge, after he has consulted the parties.
Can. 1598 §1 When
the evidence has been assembled, the judge must, under pain of nullity, by a
decree permit the parties and their advocates to inspect at the tribunal office
those acts which are not yet known to them. Indeed, if the advocates so request,
a copy of the acts can be given to them. In cases which concern the public
good, however, the judge can decide that, in order to avoid very serious
dangers, some part or parts of the acts are not to be shown to anyone; he must
take care, however, that the right of defence always remains intact.
§2 To complete
the evidence, the parties can propose other items of proof to the judge. When
these have been assembled the judge can, if he deems it appropriate, again
issue a decree as in §1.
Can. 1599 §1 When
everything concerned with the production of evidence has been completed, the
conclusion of the case is reached.
§2 This
conclusion occurs when the parties declare that they have nothing further to
add, or when the canonical time allotted by the judge for the production of
evidence has elapsed, or when the judge declares that he considers the case to
be sufficiently instructed.
§3 By whichever
way the case has come to its conclusion, the judge is to issue a decree
declaring that it is concluded.
Can. 1600 Only in
the following situations can the judge, after the conclusion of the case, still
recall earlier witnesses or call new ones, or make provision for other evidence
not previously requested:
1° in cases in
which only the private good of the parties is involved if all the parties
agree;
2° in other
cases, provided that the parties have been consulted, that a grave reason
exists, and that all danger of fraud or subornation is removed;
3° in all cases,
whenever it is probable that, unless new evidence is admitted, the judgement
will be unjust for any of the reasons mentioned in can. 1645 §2, nn. 1‑3.
§2 The judge can,
however, command or permit the presentation of a document which, even without
fault of the interested party, could not be presented earlier.
§3 New evidence
is to be published according to can. 1598 §1.
Can. 1601 When
the case has been concluded, the judge is to determine a suitable period of
time for the presentation of pleadings and observations.
Can. 1602 §1
Pleadings and observations are to be in writing unless the judge, with the
consent of the parties, considers it sufficient to have a discussion before the
tribunal in session.
§2 If the
pleadings and the principal documents are to be printed, the prior permission
of the judge is required, and the obligation of secrecy, where it exists, is
still to be observed.
§3 The directions
of the tribunal are to be observed in questions concerning the length of the
pleadings, the number of copies and other similar matters.
Can. 1603 §1 When
the pleadings and observations have been exchanged, each party can make reply
within a brief period of time determined by the judge.
§2 This right is
given to the parties once only, unless for a grave reason the judge considers
that the right to a second reply is to be given; if this right is given to one
party, it is to be considered as given to the other as well.
§3 The promotor
of justice and the defender of the bond have the right to respond to every
reply of the parties.
Can. 1604 §1 It
is absolutely forbidden that any information given to the judge by the parties
or the advocates, or by any other persons, be excluded from the acts of the
case.
§2 If the
pleadings in the case are made in writing, the judge may, in order to clarify
any outstanding issues, order that a moderate oral discussion be held before
the tribunal in session.
Can. 1605 The
notary is to be present at the oral discussion mentioned in cann. 1602 §1 and
1604 §2, so that, if the judge so orders, or the parties so request and the
judge consents, the notary can immediately make a written report of what has
been discussed and concluded.
Can. 1606 If the
parties neglect to prepare their pleadings within the time allotted to them, or
if they entrust themselves to the knowledge and conscience of the judge, and if
at the same time the judge perceives the matter quite clearly from the acts and
the proofs, he can pronounce judgement at once. He must, however, seek the
observations of the promotor of justice and the defender of the bond if they
were engaged in the trial.
Can. 1607 A
principal case which has been dealt with in judicial fashion is decided by the
judge by a definitive judgement. An incidental matter is decided by an
interlocutory judgement, without prejudice to can. 1589
Can. 1608 §1 To
give any judgement, the judge must have in his mind moral certainty about the
matter to be decided in the judgement.
§2 The judge must
derive this certainty from the acts of the case and from the proofs.
§3 The judge must
conscientiously weigh the evidence, with due regard for the provisions of law
about the efficacy of certain evidence.
§4 A judge who
cannot arrive at such certainty is to pronounce that the right of the plaintiff
is not established and is to find for the respondent except in a case which
enjoys the favour of law, when he is to pronounce in its favour.
Can. 1609 §1 The
presiding judge of a collegiate tribunal decides the day and time when it is to
meet for discussion. Unless a special reason requires otherwise, the meeting is
to be at the tribunal office.
§2 On the day
appointed for the meeting, the individual judges are to bring their written
conclusions on the merits of the case, with the reasons in law and in fact for
reaching their conclusions. These conclusions are to be added to the acts of
the case and to be kept in secrecy.
§3 Having invoked
the divine Name, they are to offer their conclusions in order, beginning always
with the ‘ponens’ or ‘relator’ in the case, and then in order of precedence.
Under the chairmanship of the presiding judge, they are to hold their
discussion principally with a view to establishing what is to be stated in the
dispositive part of the judgement.
§4 In the
discussion, each one is permitted to depart from an original conclusion. A
judge who does not wish to accede to the decision of the others can demand
that, if there is an appeal, his or her conclusions be forwarded to the higher
tribunal.
§5 If the judges
do not wish, or are unable, to reach a decision in the first discussion, they
can defer their decision to another meeting, but not beyond one week, unless
the instruction of the case has to be completed in accordance with can. 1600.
Can. 1610 §1 If
there is a sole judge, he will draw up the judgement.
§2 In a
collegiate tribunal, the ‘ponens’ or ‘relator’ is to draw up the judgement,
using as reasons those tendered by the individual judges in their discussion,
unless the reasons to be preferred have been defined by a majority of the
judges. The judgement must then be submitted to the individual judges for their
approval.
§3 The judgement
is to be issued not later than one month from the day on which the case was
decided, unless in a collegiate tribunal the judges have for grave reasons
stipulated a longer time.
Can. 1611 The
judgement must:
1° define the
controversy raised before the tribunal, giving appropriate answers to the
individual questions;
2° determine the
obligations of the parties arising from the trial and the manner in which these
are to be fulfilled
3° set out the
reasons or motives, both in law and in fact, upon which the dispositive part of
the judgement is based;
4° apportion the
expenses of the suit.
Can. 1612 §1 The
judgement, after the invocation of the divine Name must state in order the
judge or tribunal, and the plaintiff, respondent and procurator, with names and
domiciles duly indicated. It is also to name the promotor of justice and the
defender of the bond if they were engaged in the trial.
§2 It must then
briefly set out the alleged facts, with the conclusions of the parties and the
formulation of the doubt.
§3 Then follows
the dispositive part of the judgement, prefaced by the reasons which support
it.
§4 It ends with
the date and the place in which it was given, and with the signature of the
judge or, in the case of a collegiate tribunal, of all the judges, and of the
notary.
Can. 1613 The
rules set out above for a definitive judgement are to be adapted also to
interlocutory judgements.
Can. 1614 A
judgement is to be published as soon as possible, with an indication of the
ways in which it can be challenged. Before publication it has no effect, even
if the dispositive part may, with the permission of the judge, have been
notified to the parties.
Can. 1615 The
publication or notification of the judgement can be effected by giving a copy
of the judgement to the parties or to their procurators, or by sending them a
copy of it in accordance with can. 1509.
Can. 1616 §1 A
judgement must be corrected or completed by the tribunal which gave it if, in
the text of a judgement, there is an error in calculations, or a material error
in the transcription of either the dispositive part or the presentation of the
facts or the pleadings of the parties, or if any of the items required by can.
1612, §4 are omitted. This is to be done either at the request of the parties
or ex officio, but always after having consulted the parties and by a decree
appended to the foot of the judgement.
§2 If one party
is opposed, an incidental question is to be decided by a decree.
Can. 1617 Other
pronouncements of a judge apart from the judgement, are decrees. If they are
more than mere directions about procedure, they have no effect unless they give
at least a summary of their reasons or refer to motives expressed in another
act.
Can. 1618 An
interlocutory judgement or a decree has the force of a definitive judgement if,
in respect of at least one of the parties, it prevents the trial, or brings to
an end the trial itself or any instance of it.
Can. 1619 Without
prejudice to cann. 1622 and 1623, whenever a case concerns the good of private
individuals, acts which are null with a nullity established by positive law are
validated by the judgement itself, if the nullity was known to the party making
the plaint and was not raised with the judge before the judgement.
Can. 1620 A
judgement is null with a nullity which cannot be remedied,
1° it was given
by a judge who was absolutely non‑competent;
2° it was given
by a person who has no power to judge in the tribunal in which the case was
decided;
3° the judge was
compelled by force or grave fear to deliver judgement;
4° the trial took
place without the judicial plea mentioned in can. 1501, or was not brought
against some party as respondent;
5° it was given
between parties of whom at least one has no right to stand before the court;
6° someone acted
in another’s name without a lawful mandate;
7° the right of
defence was denied to one or other party;
8° the
controversy has not been even partially decided.
Can. 1621 In
respect of the nullity mentioned in can. 1620, a plaint of nullity can be made
in perpetuity by means of an exception, or within ten years of the date of
publication of the judgement by means of an action before the judge who
delivered the judgement.
Can. 1622 A
judgement is null with a nullity which is simply remediable, if:
1° contrary to
the requirements of can. 1425, §1, it was not given by the lawful number of
judges;
2° it does not
contain the motives or reasons for the decision;
3° it lacks the
signatures prescribed by the law;
4° it does not
contain an indication of the year, month, day and place it was given;
5° it is founded
on a judicial act which is null and whose nullity has not been remedied in
accordance with can. 1619;
6° it was given
against a party who, in accordance with can. 1593, §2, was lawfully absent.
Can. 1623 In the
cases mentioned in can. 1622, a plaint of nullity can be proposed within three
months of notification of the publication of the judgement.
Can. 1624 The
judge who gave the judgement is to consider the plaint of its nullity. If the
party fears that the judge who gave the judgement is biased, and consequently
considers him suspect, he or she can demand that another judge take his place
in accordance with can. 1450.
Can. 1625 Within
the time limit established for appeal, a plaint of nullity can be proposed
together with the appeal.
Can. 1626 §1 A
plaint of nullity can be made not only by parties who regard themselves as
injured, but also by the promotor of justice and the defender of the bond,
whenever they have a right to intervene.
§2 Within the
time‑limit established in can. 1623, the judge himself can retract or
correct an invalid judgement he has given, unless in the meantime an appeal
joined to a plaint of nullity has been lodged, or the nullity has been remedied
by the expiry of the time‑limit mentioned in can. 1623.
Can. 1627 Cases
concerning a plaint of nullity can be dealt with in accordance with the norms
for an oral contentious process.
Can. 1628 Without
prejudice to the provisions of can. 1629, a party who considers him or herself
to be injured by a judgement has a right to appeal from the judgement to a
higher judge; in cases in which their presence is required, the promotor of
justice and the defender of the bond have likewise the right to appeal.
Can. 1629 No
appeal is possible against:
1° a judgement of
the Supreme Pontiff himself, or a judgement of the Apostolic Signatura;
2° a judgement
which is null, unless the appeal is lodged together with a plaint of nullity,
in accordance with can. 1625;
3° a judgement
which has become an adjudged matter
4° a decree of
the judge or an interlocutory judgement, which doesnot have the force of a
definitive judgement, unless the appeal is lodged together with an appeal
against the definitive judgement;
5° a judgement or
a decree in a case in which the law requires that the matter be settled with
maximum expedition.
Can. 1630 §1 The
appeal must be lodged with the judge who delivered the judgement, within a
peremptory time‑limit of fifteen canonical days from notification of the
publication of the judgement.
§2 If it is made
orally, the notary is to draw up the appeal in writing in the presence of the
appellant.
Can. 1631 If a
question arises about the right of appeal, the appeal tribunal is to determine
it with maximum expedition, in accordance with the norms for an oral
contentious process.
Can. 1632 §1 If
there is no indication of the tribunal to which the appeal is directed, it is
presumed to be made of the tribunal mentioned in cann. 1438 and 1439.
§2 If the other
party has resorted to some other appeal tribunal, the tribunal which is of the
higher grade is to determine the case, without prejudice to can. 1415.
Can. 1633 The
appeal is to be pursued before the appeal judge within one month of its being
forwarded, unless the originating judge allows the party a longer time to
pursue it.
Can. 1634 §1 To
pursue the appeal, it is required and is sufficient that the party request the
assistance of the higher judge to amend the judgement which is challenged,
enclosing a copy of the judgement and indicating the reasons for the appeal.
§2 If the party
is unable to obtain a copy of the appealed judgement from the originating
tribunal within the canonical time‑limit, this timelimit is in the
meantime suspended. The problem is to be made known to the appeal judge, who is
to oblige the originating judge by precept to fulfil his duty as soon as
possible.
§3 In the
meantime, the originating judge must forward the acts to the appeal court in
accordance with can. 1474.
Can. 1635 The
appeal is considered to be abandoned if the time‑limits for an appeal
before either the originating judge or the appeal judge have expired without
action being taken.
Can. 1636 §1 The
appellant can renounce the appeal, with the effects mentioned in can. 1525.
§2 Unless the law
provides otherwise, an appeal made by the defender of the bond or the promotor
of justice, can be renounced by the defender of the bond or the promotor of
justice of the appeal tribunal.
Can. 1637 §1 An
appeal made by the plaintiff benefits the respondent, and vice versa.
§2 If there are
several respondents or plaintiffs, and the judgement is challenged by only one
of them, or is made against only one of them, the challenge is considered to be
made by all and against all whenever the thing requested is an individual one or
the obligation is a joint one.
§3 If one party
challenges a judgement in regard to one ground, the other party can appeal
incidentally on the other grounds, even if the canonical time‑limit for
the appeal has expired. This incidental case is to be appealed within a
peremptory time‑limit of fifteen days from the day of notification of the
principal appeal.
§4 Unless the
contrary is clear, an appeal is presumed to be against all the grounds of the
judgement.
Can. 1638 An
appeal suspends the execution of the judgement.
Can. 1639 §1
Without prejudice to the provision of can. 1683, a new ground cannot be
introduced at the appeal grade, not even by way of the useful accumulation of
grounds. So the joinder of the issue can concern itself only with the
confirmation or the reform of the first judgement, either in part or in whole.
§2 New evidence
is admitted only in accordance with can. 1600.
Can. 1640 With
the appropriate adjustments, the procedure at the appeal grade is to be the
same as in first instance. Unless the evidence is to be supplemented, however,
once the issue has been joined in accordance with can. 1513 §1 and can. 1639
§1, the judges are to proceed immediately to the discussion of the case and the
judgement.
Can. 1641 Without
prejudice to can. 1643, an adjudged matter occurs when:
1° there are two
conforming judgements between the same parties about the same matter and on the
same grounds;
2° no appeal was
made against the judgement within the canonical time‑limit;
3° the trial has
been abated or renounced in the appeal grade;
4° a definitive
judgement has been given from which, in accordance with can. 1629, there is no
appeal.
Can. 1642 §1 An
adjudged matter has the force of law and cannot be challenged directly, except
in accordance with can. 1645 §1.
§2 It has the
effect of law between the parties; it gives the right to an action arising from
the judgement and to an exception of an adjudged matter; to prevent a new
introduction of the same case, the judge can even declare such an exception ex
officio.
Can. 1643 Cases
concerning the status of persons never become an adjudged matter, not excepting
cases which concern the separation of spouses.
Can. 1644 §1 If
two conforming sentences have been given in cases concerning the status of
persons, recourse to a tribunal of appeal can be made at any time, to be
supported by new and serious evidence or arguments which are to be submitted
within a peremptory time‑limit of thirty days from the time the challenge
was made. Within one month of receiving the new evidence and arguments, the
appeal tribunal must declare by a decree whether or not a new presentation of
the case is to be admitted.
§2 Recourse to a
higher tribunal to obtain a new presentation of the case does not suspend the
execution of the judgement, unless the law provides otherwise or the appeal
tribunal orders a suspension in accordance with can. 1650 §3.
Can. 1645 §1
Against a judgement which has become an adjudged matter there can be a total
reinstatement, provided it is clearly established that the judgement was
unjust.
§2 Injustice is
not, however, considered clearly established unless:
1° the judgement
is so based on evidence which is subsequently shown to be false, that without
this evidence the dispositive part of the judgement could not be sustained;
2° documents are
subsequently discovered by which new facts demanding a contrary decision are
undoubtedly proven;
3° the judgement
was given through the deceit of one party to the harm of the other;
4° a provision of
a law which was not merely procedural was evidently neglected;
5° the judgement
runs counter to a preceding decision which has become an adjudged matter.
Can. 1646 §1
Total reinstatement based on the reasons mentioned in can. 1645 §2, nn. 1‑3,
is to be requested from the judge who delivered the judgement within three
months from the day on which these reasons became known.
§2 Total
reinstatement based on the reasons mentioned in can. 1645 §2, nn. 4 and 5, is
to be requested from the appeal tribunal within three months of notification of
the publication of the judgement. In the case mentioned in can. 1645 §2, n. 5,
if the preceding decision is not known until later, the time‑limit begins
at the time the knowledge was obtained.
§3 The time‑limits
mentioned above do not apply for as long as the aggrieved party is a minor.
Can. 1647 §1 A
plea for total reinstatement suspends the execution of a judgements which has
not yet begun.
§2 If there are
probable indications leading the judge to suspect that the plea was made to
cause delays in execution, he may decide that the judgement be executed. The
person seeking total reinstatement is, however, to be given suitable guarantees
that, if it is granted, he or she will be indemnified.
Can. 1648 Where
total reinstatement is granted, the judge must pronounce judgement of the
merits of the case.
Can. 1649 §1 The
Bishop who is responsible for governing the tribunal is to establish norms
concerning:
1° declarations
that parties are liable for the payment or reimbursement of judicial expenses;
2° the
honorariums for advocates, experts and interpreters, and the expenses of
witnesses;
3° the granting
of free legal aid and the reduction of expenses;
4° the payment of
damages owed by a person who not merely lost the case, but was rash in having
recourse to litigation;
5° the money to
be deposited, or the guarantee to be given, for the payment of expenses and the
compensation of damages.
§2 No distinct
appeal exists from a pronouncement concerning expenses, honorariums and
damages. The parties can, however, have recourse within ten days to the same
judge, who can change the sum involved.
Can. 1650 §1 A
judgement which becomes adjudged matter can be executed, without prejudice to
the provision of can. 1647.
§2 The judge who
delivered the judgement and, if there has been an appeal, the appeal judge, can
either ex officio or at the request of a party order the provisional execution
of a judgement which has not yet become an adjudged matter, adding if need be
appropriate guarantees when it is a matter of provisions or payments concerning
necessary support. They can also do so for some other just and urgent reason.
§3 If the
judgement mentioned in §2 is challenged, the judge who must deal with the
challenge can suspend the execution or subject it to a guarantee, if he sees
that the challenge is probably well founded and that irreparable harm could
result from execution.
Can. 1651
Execution cannot take place before there is issued the judge’s executing decree
directing that the judgement be executed. Depending on the nature of the case,
this decree is to be either included in the judgement itself or issued
separately.
Can. 1652 If the
execution of the judgement requires a prior statement of reasons, this is to be
treated as an incidental question, to be decided by the judge who gave the
judgement which is to be executed.
Can. 1653 §1
Unless particular law provides otherwise, the Bishop of the diocese in which
the first instance judgement was given must, either personally or through
another, execute the judgement.
§2 If he refuses
or neglects to do so, the execution of the judgement, at the request of an
interested party or ex officio, belongs to the authority to which the appeal
tribunal is subject in accordance with can. 1439 §3.
§3 Between
religious, the execution of the judgement is the responsibility of the Superior
who gave the judgement which is to be executed, or who delegated the judge.
Can. 1654 §1 The
executor must execute the judgement according to the obvious sense of the
words, unless in the judgement itself something is left to his discretion.
§2 He can deal
with exceptions concerning the manner and the force of the execution, but not
with the merits of the case. If he has ascertained from some other source that
the judgement is null or manifestly unjust according to cann. 1620, 1622 and
1645, he is to refrain from executing the judgement, and is instead to refer
the matter to the tribunal which delivered the judgement and to notify the
parties.
Can. 1655 §1 In
real actions, whenever it is decided that a thing belongs to the plaintiff, it
is to be handed over to the plaintiff as soon as the matter has become an
adjudged matter.
§2 In personal
actions, when a guilty person is condemned to hand over a movable possession or
to pay money, or to give or do something, the judge in the judgement itself, or
the executor according to his discretion and prudence, is to assign a time
limit for the fulfilment of the obligation. This time‑limit is to be not
less than fifteen days nor more than six months.
Can. 1656 §1 The
oral contentious process dealt with in this section can be used in all cases
which are not excluded by law, unless a party requests an ordinary contentious
process.
§2 If the oral
process is used in cases other than those permitted by the law, the judicial
acts are null.
Can. 1657 An oral
contentious process in first instance is made before a sole judge, in
accordance with can. 1424.
Can. 1658 §1 In
addition to the matters enumerated in can. 1504, the petition which introduces
the suit must:
1° set forth
briefly, fully and clearly the facts on which the plaintiff’s pleas are based;
2° indicate the
evidence by which the plaintiff intends to demonstrate the facts and which
cannot be brought forward with the petition; this is to be done in such a way
that the evidence can immediately be gathered by the judge.
§2 Documents
which support the plea must be added to the petition, at least in authentic
copy.
Can. 1659 §1 If
an attempt at mediation in accordance with can. 1446 §2 has proven fruitless,
the judge, if he deems that the petition has some foundation, is within three
days to add a decree at the foot of the petition. In this decree he is to order
that a copy of the plea be notified to the respondent, with the right to send a
written reply to the tribunal office within fifteen days.
§2 This
notification has the effects of a judicial summons that are as mentioned in
can. 1512.
Can. 1660 If the
exceptions raised by the respondent so require, the judge is to assign the
plaintiff a time‑limit for a reply, so that from the material advanced by
each he can clearly discern the object of the controversy.
Can. 1661 §1 When
the time‑limits mentioned in cann. 1659 and 1660 have expired, the judge,
after examining the acts, is to determine the point at issue. He is then to
summon all who must be present to a hearing, which is to be held within thirty
days; for the parties, he is to add the formulation of the point at issue.
§2 In the summons
the parties are to be informed that, to support their assertions, they can
submit a short written statement to the tribunal at least three days before the
hearing.
Can. 1662 In the
hearing, the questions mentioned in cann. 1459‑‑1464 are considered
first.
Can. 1663 §1 The
evidence is assembled during the hearing, without prejudice to the provision of
can. 1418.
§2 A party and
his or her advocate can assist at the examination of the other parties, of the
witnesses and of the experts.
Can. 1664 The
replies of the parties, witnesses and experts, and the pleas and exceptions of
the advocates, are to be written down by the notary in summary fashion,
restricting the record to those things which bear on the substance of the
controversy. This record is to be signed by the persons testifying.
Can. 1665 The
judge can admit evidence which is not alleged or sought in the plea or the
reply, but only in accordance with can. 1452. After the hearing of even one
witness, however, the judge can admit new evidence only in accordance with can.
1600.
Can. 1666 If all
the evidence cannot be collected during the hearing, a further hearing is to be
set.
Can. 1667 When
the evidence has been collected, an oral discussion is to take place at the
same hearing.
Can. 1668 §1 At
the conclusion of the hearing, the judge can decide the case forthwith, unless
it emerges from the discussion that something needs to be added to the
instruction of the case, or that there is something which prevents a judgement
being correctly delivered. The dispositive part of the judgement is to be read
immediately in the presence of the parties.
§2 Because of the
difficulty of the matter, or for some other just reason the decision of the
tribunal can be deferred for up to five canonical days.
§3 The full text
of the judgement, including the reasons for it, is to be notified to the
parties as soon as possible, normally within fifteen days.
Can. 1669 If the
appeal tribunal discerns that a lower tribunal has used the oral contentious
procedure in cases which are excluded by law, it is to declare the judgement
invalid and refer the case back to the tribunal which delivered the judgement.
Can. 1670 In all
other matters concerning procedure, the provisions of the canons on ordinary
contentious trials are to be followed. In order to expedite matters, however,
while safeguarding justice, the tribunal can, by a decree and for stated
reasons, derogate from procedural norms which are not prescribed for validity.
Can. 1671
Matrimonial cases of the baptised belong by their own right to the
ecclesiastical judge.
Can. 1672 Cases
concerning the merely civil effects of marriage pertain to the civil courts,
unless particular law lays down that, if such cases are raised as incidental
and accessory matters, they may be heard and decided by an ecclesiastical
judge.
Can. 1673 The
following tribunals are competent in cases concerning the nullity of marriage
which are not reserved to the Apostolic See:
1° the tribunal
of the place where the marriage was celebrated;
2° the tribunal
of the place where the respondent has a domicile or quasi‑domicile;
3° the tribunal
of the place where the plaintiff has a domicile, provided that both parties
live within the territory of the same Episcopal Conference, and that the
judicial Vicar of the domicile of the respondent, after consultation with the
respondent, gives consent;
4° the tribunal
of the place in which in fact most of the evidence is to be collected, provided
that consent is given by the judicial Vicar of the domicile of the respondent,
who must first ask the respondent whether he or she has any objection to raise.
Can. 1674 The
following are able to challenge the validity of a marriage:
1° the spouses
themselves;
2° the promotor
of justice, when the nullity of the marriage has already been made public, and
the marriage cannot be validated or it is not expedient to do so.
Can. 1675 §1 A
marriage which was not challenged while both parties were alive, cannot be
challenged after the death of either or both, unless the question of validity
is a necessary preliminary to the resolution of another controversy in either
the canonical or the civil forum.
§2 If a spouse
should die during the course of a case, can. 1518 is to be observed.
Can. 1676 Before
he accepts a case and whenever there appears to be hope of success, the judge
is to use pastoral means to persuade the spouses that, if it is possible, they
should perhaps validate their marriage and resume their conjugal life.
Can. 1677 §1 When
the petition has been accepted, the presiding judge or the ‘ponens’ is to
proceed to the notification of the decree of summons, in accordance with can.
1508.
§2 If, within
fifteen days of the notification, neither party has requested a session to
contest the suit, then within the following ten days the presiding judge or
‘ponens’ is, by a decree, to decide ex officio the formulation of the doubt or
doubts and to notify the parties accordingly.
§3 The
formulation of the doubt is not only to ask whether the nullity of the
particular marriage is proven, but also to determine the ground or grounds upon
which the validity of the marriage is being challenged.
§4 If the parties
have not objected to this decree within ten days of being notified, the
presiding judge or ‘ponens’ is, by a new decree, to arrange for the hearing of
the case.
Can. 1678 §1 The
defender of the bond, the advocates of the parties and, if engaged in the
process, the promotor of justice, have the right:
1° to be present
at the examination of the parties, the witnesses and the experts, without
prejudice to can. 1559;
2° to see the
judicial acts, even if they are not yet published, and to inspect documents
produced by the parties.
§2 The parties
themselves cannot be present at the sessions mentioned in §1, n. 1.
Can. 1679 Unless
the evidence brought forward is otherwise complete, in order to weigh the
depositions of the parties in accordance with can. 1536, the judge is, if
possible, to hear witnesses to the credibility of the parties, as well as to
gather other indications and supportive elements.
Can. 1680 In
cases concerning impotence or defect of consent by reason of mental illness,
the judge is to use the services of one or more experts, unless from the
circumstances this would obviously serve no purpose. In other cases, the
provision of can. 1574 is to be observed.
Can. 1681
Whenever in the course of the hearing of a case a doubt of a high degree of
probability arises that the marriage has not been consummated, the tribunal
can, with the consent of the parties, suspend the nullity case and complete the
instruction of a case for a dispensation from a non‑consummated marriage;
eventually it can forward the acts to the Apostolic See, together with a
petition, from either or both of the parties for a dispensation, and with the
Opinions of the tribunal and of the Bishop.
Can. 1682 §1 The
judgement which has first declared the nullity of a marriage, together with the
appeals, if there are any, and the judicial acts, are to be sent ex officio to
the appeal tribunal within twenty days of the publication of the judgement.
§2 If the
judgement given in first instance was in favour of the nullity of the marriage,
the appeal tribunal, after weighing the observations of the defender of the
bond and, if there are any, of the parties, is by its decree either to ratify
the decision at once, or to admit the case to ordinary examination in the new
instance.
Can. 1683 If a
new ground of nullity of marriage is advanced in the appeal grade, the tribunal
can admit it and give judgement on it as at first instance.
Can. 1684 §1
After the judgement which first declared the nullity of the marriage has been
confirmed on appeal either by decree or by another judgement, those whose
marriage has been declared invalid may contract a new marriage as soon as the
decree or the second judgement has been notified to them, unless there is a
prohibition appended to the judgement or decree itself, or imposed by the local
Ordinary.
§2 The provisions
of can. 1644 are to be observed even if the judgement which declared the
nullity of the marriage is confirmed not by a second judgement, but by a
decree.
Can. 1685 As soon
as the sentence is executed, the judicial Vicar must notify the Ordinary of the
place where the marriage was celebrated. This Ordinary must ensure that a
record of the decree of nullity of the marriage, and of any prohibition
imposed, is as soon as possible entered in the registers of marriage and
baptism.
Can. 1686 A
marriage can be declared invalid on the basis of a document which proves with certainty
the existence of a diriment impediment a defect of lawful form or the lack of a
valid proxy mandate; the document must not be open to any contradiction or
exception. It must be equally certain that no dispensation has been given. When
a petition in accordance with can. 1677 has been received alleging such
invalidity, the judicial Vicar, or a judge designated by him, can omit the
formalities of the ordinary procedure and, having summoned the parties, and
with the intervention of the defender of the bond, declare the nullity of the
marriage by a judgement.
Can. 1687 §1 If
the defender of the bond prudently judges that the defects mentioned in can.
1686, or the lack of dispensation, are not certain, he must appeal to the judge
of second instance. The acts must be sent to the appeal judge and he is to be
informed in writing that it is a documentary process.
§2 A party who
considers him or herself injured retains the right of appeal.
Can. 1688 The
judge of second instance, with the intervention of the defender of the bond and
after consulting the parties, is to decide in the same way as in can. 1686
whether the judgement is to be ratified, or whether the case should rather
proceed according to the ordinary course of law, in which event he is to send the
case back to the tribunal of first instance.
Can. 1689 In the
judgement the parties are to be reminded of the moral, and also the civil,
obligations by which they may be bound, both towards one another and in regard
to the support and upbringing of their children.
Can. 1690 Cases
for the declaration of nullity of marriage cannot be dealt with by the oral
contentious process.
Can. 1691 In
other matters concerning the conduct of the process, the canons concerning
judicial powers in general and concerning the ordinary contentious process are
to be applied, unless the nature of the case demands otherwise; the special
norms concerning cases dealing with the status of persons and cases pertaining
to the public good are also to be observed.
Can. 1692 §1
Unless lawfully provided otherwise in particular places, the personal
separation of baptised spouses can be decided by a decree of the diocesan
Bishop, or by the judgement of a judge in accordance with the following canons.