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Canon 1 The Canons of this Code concern only the Latin
Church.
Canon 2 For the most part the Code does not determine the
rites to be observed in the celebration of liturgical actions. Accordingly,
liturgical laws, which have been in effect, hitherto retain their force, except
those, which may be contrary to the Canons of the Code.
Canon 3 The Canons of the Code do not abrogate, nor do they
derogate from, agreements entered into by the Apostolic See with nations or
other civil entities. For this reason, these agreements continue in force as
hitherto, notwithstanding any contrary provisions of this Code.
Canon 4 Acquired rights, and likewise privileges hitherto
granted by the Apostolic See to either physical or juridical persons, which are
still in use and have not been revoked, remain intact, unless they are expressly
revoked by the Canons of this Code.
Canon 5 §1 Universal or particular customs which have been
in effect up to now but are contrary to the provisions of these Canons and are
reprobated in the Canons of this Code, are completely suppressed, and they may
not be allowed to revive in the future. Other contrary customs are also to be
considered suppressed, unless the Code expressly provides otherwise, or unless
they are centennial or immemorial: these latter may be tolerated if the Ordinary
judges that, in the circumstances of place and person, they cannot be removed.
§2 Customs apart from the law, whether universal or
particular, which have been in effect hitherto, are retained.
Canon 6 §1 When this Code comes into force, the following
are abrogated:
1° the Code of Canon Law promulgated in 1917;
2° other laws, whether universal or particular, which are
contrary to the provisions of this Code, unless it is otherwise expressly
provided in respect of particular laws;
3° all penal laws enacted by the Apostolic See, whether
universal or particular, unless they are resumed in this Code itself;
4° any other universal disciplinary laws concerning matters
which are integrally reordered by this Code.
§2 To the extent that the Canons of this Code reproduce the
former law, they are to be assessed in the light also of canonical tradition.
Canon 7 A law comes into being when it is promulgated.
Canon 8 §1 Universal ecclesiastical laws are promulgated by
publication in the ‘Acta Apostolicae Sedis’, unless in particular cases
another manner of promulgation has been prescribed. They come into force only on
the expiry of three months from the date appearing on the particular issue of
the ‘Acta’, unless because of the nature of the case they bind at once, or
unless a shorter or a longer interval has been specifically and expressly
prescribed m the law itself.
§2 Particular laws are promulgated in the manner determined
by the legislator; they begin to oblige one month from the date of promulgation,
unless a different period is prescribed in the law itself.
Canon 9 Laws concern matters of the future, not those of the
past, unless provision is made in them for the latter by name.
Canon 10 Only those laws are to be considered invalidating or
incapacitating which expressly prescribe that an act is null or that a person is
incapable.
Canon 11 Merely ecclesiastical laws bind those who were
baptized in the Catholic Church or received into it, and who have a sufficient
use of reason and, unless the law expressly provides otherwise, who have
completed their seventh year of age.
Canon 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 Canon 13, laws
enacted for a particular territory bind those for whom they were enacted and who
have a domicile or quasi-domicile in that territory and are actually residing in
it.
Canon 13 §1 Particular laws are not presumed to be personal,
but rather territorial, unless the contrary is clear.
§2 Peregrini are not bound:
1° by the particular laws of their own territory while they
are absent from it, unless the transgression of those laws causes harm in their
own territory, or unless the laws are personal
2° by the laws of the territory in which they are present,
except for those laws which take care of public order, or determine the
formalities of legal acts, or concern immovable property located in the
territory.
§3 Vagi are bound by both the universal and the particular
laws which are in force in the place in which they are present.
Canon 14 Laws, even invalidating and incapacitating ones, do
not oblige when there is a doubt of law. When there is a doubt of fact, however
Ordinaries can dispense from them provided, if there is question of a reserved
dispensation, it is one which the authority to whom it is reserved Is accustomed
to grant.
Canon 15 §1 Ignorance or error concerning invalidating or
incapacitating laws does not prevent the effect of those laws, unless it is
expressly provided otherwise.
§2 Ignorance or error is not presumed about a law, a
penalty, a fact concerning oneself, or a notorious fact concerning another. It
is presumed about a fact concerning another which is not notorious, until the
contrary is proved.
Canon 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
judgment or of an administrative act in a particular case, does not have the
force of law. It binds only those persons and affects only those matters for
which it was given.
Canon 17 Ecclesiastical laws are to be understood according
to the proper meaning of the words considered in their text and context. If the
meaning remains doubtful or obscure, there must be recourse to parallel places,
if there be any, to the purpose and circumstances of the law, and to the mind of
the legislator.
Canon 18 Laws which prescribe a penalty, or restrict the free
exercise of rights, or contain an exception to the law, are to be interpreted
strictly.
Canon 19 If on a particular matter there is not an express
provision of either universal or particular law, nor a custom, then, provided it
is not a penal matter, the question is to be decided by taking into account laws
enacted in similar matters, the general principles of law observed with
canonical equity, the jurisprudence and practice of the Roman Curia, and the
common and constant opinion of learned authors.
Canon 20 A later law abrogates or derogates from an earlier
law, if it expressly so states, or if it is directly contrary to that law, or if
it integrally reorders the whole subject matter of the earlier law. A universal
law, however, does not derogate from a particular or from a special law, unless
the law expressly provides otherwise.
Canon 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, harmonized with them.
Canon 22 When the law of the Church remits some issue to the
civil law, the latter is to be observed with the same effects in Canon law,
insofar as it is not contrary to divine law, and provided it is not otherwise
stipulated in Canon law.
Canon 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.
Canon 24 §1 No custom which is contrary to divine law can
acquire the force of law.
§2 A custom which is contrary to or apart from Canon law,
cannot acquire the force of law unless it is reasonable; a custom which is
expressly reprobated in the law is not reasonable.
Canon 25 No custom acquires the force of law unless it has
been observed, with the intention of introducing a law, by a community capable
at least of receiving a law.
Canon 26 Unless it has been specifically approved by the
competent legislator, a custom which is contrary to the Canon law currently in
force, or is apart from the Canon law, acquires the force of law only when it
has been lawfully observed for a period of thirty continuous and complete years.
Only a centennial or immemorial custom can prevail over a canonical law which
carries a clause forbidding future customs.
Canon 27 Custom is the best interpreter of laws.
Canon 28 Without prejudice to the provisions of Canon 5, a
custom, whether contrary to or apart from the law, is revoked by a contrary
custom or law. But unless the law makes express mention of them, it does not
revoke centennial or immemorial customs, nor does a universal law revoke
particular customs.
Canon 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.
Canon 30 A general decree, as in Canon 29, cannot be made by
one who has only executive power, unless in particular cases this has been
expressly authorized by the competent legislator in accordance with the law, and
provided the conditions prescribed in the act of authorization are observed.
Canon 31 §1 Within the limits of their competence, those who
have executive power can issue general executory decrees, that is, decrees which
define more precisely the manner of applying a law, or which urge the observance
of laws.
§2 The provisions of Canon 8 are to be observed in regard to
the promulgation, and to the interval before the coming into effect, of the
decrees mentioned in §1.
Canon 32 General executory decrees which define the manner of
application or urge the observance of laws, bind those who are bound by the
laws.
Canon 33 §1 General executory decrees, even if published in
directories or other such documents, do not derogate from the law, and any of
their provisions which are contrary to the law have no force.
§2 These decrees cease to have force by explicit or implicit
revocation by the competent authority, and by the cessation of the law for whose
execution they were issued. They do not cease on the expiry of the authority of
the person who issued them, unless the contrary is expressly provided.
Canon 34 §1 Instructions, namely, which set out the
provisions of a law and develop the manner in which it is to be put into effect,
are given for the benefit of those whose duty it is to execute the law, and they
bind them in executing the law. Those who have executive power may, within the
limits of their competence, lawfully publish such instructions.
§2 The regulations of an instruction do not derogate from
the law, and if there are any which cannot be reconciled with the provisions of
the law they have no force.
§3 Instructions cease to have force not only by explicit or
implicit revocation by the competent authority who published them or by that
authority’s superior, but also by the cessation of the law which they were
designed to set out and execute.
Canon 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 Canon 76 §1.
Canon 36 §1 An administrative act is to be understood
according to the proper meaning of the words and the common manner of speaking.
In doubt, a strict interpretation is to be given to those administrative acts
which concern litigation or threaten or inflict penalties, or restrict the
rights of persons, or harm the acquired rights of others, or run counter to a
law in favor of private persons; all other administrative acts are to be widely
interpreted.
§2 Administrative acts must not be extended to cases other
than those expressly stated.
Canon 37 An administrative act which concerns the external
forum is to be effected in writing; likewise, if it requires an executor, the
act of execution is to be in writing.
Canon 38 An administrative act, even if there is question of
a rescript given Motu proprio, has no effect in so far as it harms the acquired
right of another, or is contrary to a law or approved custom, unless the
competent authority has expressly added a derogatory clause.
Canon 39 Conditions attached to an administrative act are
considered to concern validity only when they are expressed by the particles ‘if’,
‘unless’, ‘provided that’.
Canon 40 The executor of any administrative act cannot
validly carry out this office before receiving the relevant document and
establishing its authenticity and integrity, unless prior notice of this
document has been conveyed to the executor on the authority of the person who
issued the administrative act.
Canon 41 The executor of an administrative act to whom the
task of execution only is entrusted, cannot refuse to execute it, unless it is
quite clear that the act itself is null, or that it cannot for some other grave
reason be sustained, or that the conditions attached to the administrative act
itself have not been fulfilled. If, however, the execution of the administrative
act would appear to be inopportune, by reason of the circumstances of person or
place, the executor is to desist from the execution, and immediately inform the
person who issued the act.
Canon 42 The executor of an administrative act must proceed
in accordance with the mandate. If, however, the executor has not fulfilled
essential conditions attached to the document, or has not observed the
substantial form of procedure, the execution is invalid.
Canon 43 The executor of an administrative act may in his
prudent judgment substitute another for himself, unless substitution has been
forbidden, or he has been deliberately chosen as the only person to be executor,
or a specific person has been designated as substitute; however, in these cases
the executor may commit the preparatory acts to another.
Canon 44 An administrative act can also be executed by the
executor’s successor in office, unless the first had been chosen deliberately
as the only person to be executor.
Canon 45 If there has been any error in the execution of an
administrative act, the executor may execute it again.
Canon 46 An administrative act does not cease on the expiry
of the authority of the person issuing it, unless the law expressly provides
otherwise.
Canon 47 The revocation of an administrative act by another
administrative act of the competent authority takes effect only from the moment
at which the person to whom it was issued is lawfully notified.
Canon 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.
Canon 49 A singular precept is a decree by which an
obligation is directly and lawfully imposed on a specific person or persons to
do or to omit something, especially in order to urge the observance of a law.
Canon 50 Before issuing a singular decree, the person in
authority is to seek the necessary information and proof and, as far as
possible, is to consult those whose rights could be harmed.
Canon 51 A decree is to be issued in writing. When it is a
decision, it should express, at least in summary form, the reasons for the
decision.
Canon 52 A singular decree has effect in respect only of
those matters it determines and of those persons to whom it was issued; it
obliges such persons everywhere, unless it is otherwise clear.
Canon 53 If decrees are contrary one to another, where
specific matters are expressed, the specific prevails over the general; if both
are equally specific or equally general, the one later in time abrogates the
earlier insofar as it is contrary to it.
Canon 54 §1 A singular decree whose application is entrusted
to an executor, has effect from the moment of execution; otherwise, from the
moment when it is made known to the person on the authority of the one who
issued it.
§2 For a singular decree to be enforceable, it must be made
known by a lawful document in accordance with the law.
Canon 55 Without prejudice to Canon. 37 and 51, whenever a
very grave reason prevents the handing over of the written text of a decree, the
decree is deemed to have been made known if it is read to the person to whom it
is directed, in the presence of a notary or two witnesses- a record of the
occasion is to be drawn up and signed by all present.
Canon 56 A decree is deemed to have been made known if the
person to whom it is directed has been duly summoned to receive or to hear the
decree, and without a just reason has not appeared or has refused to sign.
Canon 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 Canon
128, of repairing any harm done.
Canon 58 §1 A singular decree ceases to have force when it
is lawfully revoked by the competent authority, or when the law ceases for whose
execution it was issued.
§2 A singular precept, which was not imposed by a lawful
document, ceases on the expiry of the authority of the person who issued it.
Canon 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 favor 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 favors by word of mouth.
Canon 60 Any rescript can be obtained by all who are not
expressly prohibited.
Canon 61 Unless it is otherwise established, a rescript can
be obtained for another, even without that person’s consent, and it is valid
before its acceptance, without prejudice to contrary clauses.
Canon 62 A rescript in which there is no executor, has effect
from the moment the document was issued; the others have effect from the moment
of execution.
Canon 63 §1 Except where there is question of a rescript
which grants a favor Motu proprio, subreption, that is, the withholding of the
truth, renders a rescript invalid if the request does not express that which,
according to canonical law, style and practice, must for validity be expressed.
§2 Obreption, that is, the making of a false statement,
renders a rescript invalid if not even one of the motivating reasons submitted
is true.
§3 In rescripts of which there is no executor, the
motivating reason must be true at the time the rescript is issued; in the
others, at the time of execution.
Canon 64 Without prejudice to the right of the Penitentiary
for the internal forum, a favor refused by any department of the Roman Curia
cannot validly be granted by another department of the same Curia, or by any
other competent authority below the Roman Pontiff, without the approval of the
department which was first approached.
Canon 65 §1 Without prejudice to the provisions of §§2 and
3, no one is to seek from another Ordinary a favor 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 favor unless he has
learned from the former Ordinary the reasons for the refusal.
§2 A favor 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 favor 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 favor refused by the diocesan Bishop cannot,
without the Bishop’s consent, validly be obtained from his Vicar general or
Episcopal Vicar, even though mention is made of the refusal.
Canon 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 judgment of the Ordinary there is no doubt about the person or the
matter in question.
Canon 67 §1 If it should happen that two contrary rescripts
are obtained for one and the same thing, where specific matters are expressed,
the specific prevails over the general.
§2 If both are equally specific or equally general, the one
earlier in time prevails over the later, unless in the later one there is an
express mention of the earlier, or unless the person who first obtained the
rescript has not used it by reason of deceit or of notable personal negligence.
§3 In doubt as to whether a rescript is invalid or not,
recourse is to be made to the issuing authority.
Canon 68 A rescript of the Apostolic See in which there is no
executor must be presented to the Ordinary of the person who obtains it only
when this is prescribed in the rescript, or when there is question of public
affairs, or when it is necessary to have the conditions verified.
Canon 69 A rescript for whose presentation no time is
determined, may be submitted to the executor at any time, provided there is no
fraud or deceit.
Canon 70 If in a rescript the very granting of the favor is
entrusted to the executor, it is a matter for the executor’s prudent judgment
and conscience to grant or to refuse the favor.
Canon 71 No one is obliged to use a rescript granted in his
or her favor only, unless bound by a canonical obligation from another source to
do so .
Canon 72 Rescripts granted by the Apostolic See which have
expired, can for a just reason be extended by the diocesan Bishop, but once only
and not beyond three months.
Canon 73 No rescripts are revoked by a contrary law, unless
it is otherwise provided in the law itself.
Canon 74 Although one who has been granted a favor orally may
use it in the internal forum, that person is obliged to prove the favor for the
external forum whenever this is lawfully requested.
Canon 75 If a rescript contains a privilege or a
dispensation, the provision of the following Canons are also to be observed.
Canon 76 §1 A privilege is a favor 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.
Canon 77 A privilege is to be interpreted in accordance with
Canon 36 §1. The interpretation must, however, always be such that the
beneficiaries of the privilege do in fact receive some favor.
Canon 78 §1 A privilege is presumed to be perpetual, unless
the contrary is proved.
§2 A personal privilege, namely one which attaches to a
person, is extinguished with the person.
§3 A real privilege ceases on the total destruction of the
thing or place; a local privilege, however, revives if the place is restored
within fifty years.
Canon 79 Without prejudice to Canon 46, a privilege ceases by
revocation on the part of the competent authority in accordance with Canon 47.
Canon 80 §1 No privilege ceases by renunciation unless this
has been accepted by the competent authority.
§2 Any physical person may renounce a privilege granted in
his or her favor only.
§3 Individual persons cannot renounce a privilege granted to
a juridical person, or granted by reason of the dignity of a place or thing. Nor
can a juridical person renounce a privilege granted to it, if the renunciation
would be prejudicial to the Church or to others.
Canon 81 A privilege is not extinguished on the expiry of the
authority of the person who granted it, unless it was given with the clause ‘at
our pleasure’ or another equivalent expression.
Canon 82 A privilege which does not burden others does not
lapse through non-use or contrary use; if it does cause an inconvenience for
others, it is lost if lawful prescription intervenes.
Canon 83 §1 Without prejudice to Canon 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 judgment of the competent
authority circumstances are so changed with the passage of time that it has
become harmful, or that its use becomes unlawful.
Canon 84 A person who abuses a power given by a privilege
deserves to be deprived of the privilege itself. Accordingly, after a warning
which has been in vain, the Ordinary, if it was he who granted it, is to deprive
the person of the privilege which he or she is gravely abusing; if the privilege
has been granted by the Apostolic See, the Ordinary is obliged to make the
matter known to it.
Canon 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.
Canon 86 In so far as laws define those elements which are
essentially constitutive of institutes or of juridical acts, they are not
subject to dispensation.
Canon 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 Canon 291.
Canon 88 The local Ordinary can dispense from diocesan laws
and, whenever he judges that it contributes to the spiritual welfare of the
faithful, from laws made by a plenary or a provincial Council or by the
Episcopal Conference.
Canon 89 Parish priests and other priests or deacons cannot
dispense from universal or particular law unless this power is expressly granted
to them.
Canon 90 §1 A dispensation from an ecclesiastical law is not
to be given without a just and reasonable cause, taking into account the
circumstances of the case and the importance of the law from which the
dispensation is given; otherwise the dispensation is unlawful and, unless given
by the legislator or his superior, it is also invalid.
§2 A dispensation given in doubt about the sufficiency of
its reason is valid and lawful.
Canon 91 In respect of their subjects, even if these are
outside the territory, those who have the power of dispensing can exercise it
even if they themselves are outside their territory; unless the contrary is
expressly provided, they can exercise it also in respect of peregrini actually
present in the territory; they can exercise it too in respect of themselves.
Canon 92 A strict interpretation is to be given not only to a
dispensation in accordance with Canon 36 §1, but also to the very power of
dispensing granted for a specific case.
Canon 93 A dispensation capable of successive applications
ceases in the same way as a privilege. It also ceases by the certain and
complete cessation of the motivating reason.
Canon 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.
Canon 95 §1 Ordinances are rules or norms to be observed
both in assemblies of persons, whether these assemblies are convened by
ecclesiastical authority or are freely convoked by the faithful, and in other
celebrations: they define those matters which concern their constitution,
direction and agenda.
§2 In assemblies or celebrations, those who take part are
bound by these rules of ordinance.
Canon 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.
Canon 97 §1 A person who has completed the eighteenth year
of age, has attained majority; below this age, a person is a minor.
§2 A minor who has not completed the seventh year of age is
called an infant and is considered incapable of personal responsibility; on
completion of the seventh year, however, the minor is presumed to have the use
of reason.
Canon 98 §1 A person who has attained majority has the full
exercise of his or her rights.
§2 In the exercise of rights a minor remains subject to
parents or guardians, except for those matters in which by divine or by Canon
law minors are exempt from such authority. In regard to the appointment of
guardians and the determination of their powers, the provisions of civil law are
to be observed, unless it is otherwise provided in Canon law or unless, in
specific cases and for a just reason, the diocesan Bishop has decided that the
matter is to be catered for by the appointment of another guardian.
Canon 99 Whoever habitually lacks the use of reason is
considered as incapable of personal responsibility and is regarded as an infant.
Canon 100 A person is said to be: an incola, in the place
where he or she has a domicile; an advena, in the place of quasi-domicile; a
peregrinus, if away from the domicile or quasi-domicile which is still retained;
a vagus, if the person has nowhere a domicile or quasi-domicile.
Canon 101 §1 The place of origin of a child, and even of a
neophyte, is that in which the parents had a domicile or, lacking that, a
quasi-domicile when the child was born; if the parents did not have the same
domicile or quasi-domicile, it is that of the mother.
§2 In the case of a child of vagi, the place of origin is
the actual place of birth; in the case of a foundling, it is the place where it
was found.
Canon 102 §1 Domicile is acquired by residence in the
territory of a parish, or at least of a diocese, which is either linked to the
intention of remaining there permanently if nothing should occasion its
withdrawal, or in fact protracted for a full five years.
§2 Quasi-domicile is acquired by residence in the territory
of a parish, or at least of a diocese, which is either linked to the intention
of remaining there for three months if nothing should occasion its withdrawal,
or in fact protracted for three months.
§3 Domicile or quasi-domicile in the territory of a parish
is called parochial; in the territory of a diocese, even if not in a parish, it
is called diocesan.
Canon 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 Canon 102 §2, they reside.
Canon 104 Spouses are to have a common domicile or
quasi-domicile. By reason of lawful separation or for some other just reason,
each may have his or her own domicile or quasi-domicile.
Canon 105 §1 A minor necessarily retains the domicile or
quasi-domicile of the person to whose authority the minor is subject. A minor
who is no longer an infant can acquire a quasi-domicile of his or her own and,
if lawfully emancipated in accordance with the civil law, a domicile also.
§2 One who for a reason other than minority is lawfully
entrusted to the guardianship or tutelage of another, has the domicile and
quasidomicile of the guardian or curator.
Canon 106 Domicile or quasi-domicile is lost by departure
from the place with the intention of not returning, without prejudice to the
provisions of Canon 105.
Canon 107 §1 Both through domicile and through
quasi-domicile everyone acquires his or her own parish priest and Ordinary.
§2 The proper parish priest or Ordinary of a vagus is the
parish priest or Ordinary of the place where the vagus is actually residing.
§3 The proper parish priest of one who has only a diocesan
domicile or quasi-domicile is the parish priest of the place where that person
is actually residing.
Canon 108 §1 Consanguinity is reckoned by lines and degrees.
§2 In the direct line there are as many degrees as there are
generations, that is, as there are persons, not counting the common ancestor.
§3 In the collateral line there are as many degrees as there
are persons in both lines together, not counting the common ancestor.
Canon 109 §1 Affinity arises from a valid marriage, even if
not consummated, and it exists between the man and the blood relations of the
woman, and likewise between the woman and the blood relations of the man.
§2 It is reckoned in such a way that the blood relations of
the man are related by affinity to the woman in the same line and the same
degree, and vice versa.
Canon 110 Children who have been adopted in accordance with
the civil law are considered the children of that person or those persons who
have adopted them.
Canon 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 baptized 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 baptized 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.
Canon 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 Canon. 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.
Canon 113 §1 The Catholic Church and the Apostolic See have
the status of a moral person by divine disposition.
§2 In the Church, besides physical persons, there are also
juridical persons, that is, in Canon law subjects of obligations and rights
which accord with their nature.
Canon 114 §1 Aggregates of persons or of things which are
directed to a purpose befitting the Church’s mission, which transcends the
purpose of the individuals, are constituted juridical persons either by a
provision of the law itself or by a special concession given in the form of a
decree by the competent authority.
§2 The purposes indicated in §1 are understood to be those
which concern works of piety, of the apostolate or of charity, whether spiritual
or temporal.
§3 The competent ecclesiastical authority is not to confer
juridical personality except on those aggregates of persons or of things which
aim at a genuinely useful purpose and which, all things considered, have the
means which are foreseen to be sufficient to achieve the purpose in view.
Canon 115 §1 Juridical persons in the Church are either
aggregates of persons or aggregates of things.
§2 An aggregate of persons, which must be made up of at
least three persons, is collegial if the members decide its conduct by
participating together in making its decisions, whether by equal right or not,
in accordance with the law and the statutes; otherwise, it is non-collegial.
§3 An aggregate of things, or an autonomous foundation,
consists of goods or things, whether spiritual or material, and is directed, in
accordance with the law and the statutes, by one or more physical persons or by
a college.
Canon 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 fulfill the specific
task entrusted to them for the public good. Other juridical persons are private.
§2 Public juridical persons are given this personality
either by the law itself or by a special decree of the competent authority
expressly granting it. Private juridical persons are given this personality only
by a special decree of the competent authority expressly granting it.
Canon 117 No aggregate of persons or of things seeking
juridical personality can acquire it unless its statutes are approved by the
competent authority.
Canon 118 Those persons represent, and act in the name of, a
public juridical person whose competence to do so is acknowledged by universal
or particular law, or by their own statutes; those persons represent a private
juridical person who are given this competence by their statutes.
Canon 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 scrutinizes, 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
scrutinizes, the person presiding can break the tie with a casting vote;
3° that which affects all as individuals must be approved by
all.
Canon 120 §1 A juridical person is by its nature perpetual.
It ceases to exist, however, if it is lawfully suppressed by the competent
authority, or if it has been inactive for a hundred years. A private juridical
person also ceases to exist if the association itself is dissolved in accordance
with the statutes, or if, in the judgment of the competent authority, the
foundation itself has, in accordance with the statutes, ceased to exist.
§2 If even a single member of a collegial juridical person
survives, and the aggregate of persons has not, according to the statutes,
ceased to exist, the exercise of all the rights of the aggregate devolves upon
that member.
Canon 121 When aggregates of persons or of things which are
public juridical persons are so amalgamated that one aggregate, itself with a
juridical personality, is formed, this new juridical person obtains the
patrimonial goods and rights which belonged to the previous aggregates; it also
accepts the liabilities of the previous aggregates. In what concerns
particularly the arrangements for the goods and the discharge of obligations,
the wishes of the founders and benefactors, and any acquired rights must be
safeguarded.
Canon 122 When an aggregate which is a public juridical
person is divided in such a way that part of it is joined to another juridical
person or a distinct public juridical person is established from one part of it,
the first obligation is to observe the wishes of the founders and benefactors,
the demands of acquired rights and the requirements of the approved statutes.
Then the competent ecclesiastical authority, either personally or through an
executor, is to ensure:
1° that the divisible common patrimonial goods and rights,
the monies owed and the other liabilities, are divided between the juridical
persons in question in due proportion, in a fashion which is equitable and
right, taking account of all the circumstances and needs of both;
2° that the use and enjoyment of the common goods which
cannot be divided, be given to each juridical person, and also that the
liabilities which are proper to each are the responsibility of each, in due
proportion, in a fashion which is equitable and right.
Canon 123 On the extinction of a public juridical person, the
arrangements for its patrimonial goods and rights, and for its liabilities, are
determined by law and the statutes. If these do not deal with the matter, the
arrangements devolve upon the next higher juridical person, always with due
regard for the wishes of the founders or benefactors and for acquired rights. On
the extinction of a private juridical person, the arrangements for its goods and
liabilities are governed by its own statutes.
Canon 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.
Canon 125 §1 An act is invalid if performed as a result of
force imposed from outside on a person who was quite unable to resist it.
§2 An act performed as a result of fear which is grave and
unjustly inflicted, or as a result of deceit, is valid, unless the law provides
otherwise. However, it can be rescinded by a court judgment, either at the
instance of the injured party or that party’s successors in law, or ex
officio.
Canon 126 An act is invalid when performed as a result of
ignorance or of error which concerns the substance of the act, or which amounts
to a condition sine qua non; otherwise it is valid, unless the law provides
differently. But an act done as a result of ignorance or error can give rise to
a rescinding action in accordance with the law.
Canon 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 Canon 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 judgment, an overriding reason, the Superior is not to act against
their vote, especially if it is a unanimous one.
§3 All whose consent or advice is required are obliged to
give their opinions sincerely. If the seriousness of the matter requires it,
they are obliged carefully to maintain secrecy, and the Superior can insist on
this obligation.
Canon 128 Whoever unlawfully causes harm to another by a
juridical act, or indeed by any other act which is deceitful or culpable, is
obliged to repair the damage done.
Canon 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.
Canon 130 Of itself the power of governance is exercised for
the external forum; sometimes however it is exercised for the internal forum
only, but in such a way that the effects which its exercise is designed to have
in the external forum are not acknowledged in that forum, except in so far as
the law prescribes this for determinate cases.
Canon 131 §1 Ordinary power of governance is that which by
virtue of the law itself is attached to a given office; delegated power is that
which is granted to a person other than through an office.
§2 Ordinary power of governance may be proper or vicarious.
§3 One who claims to have been delegated has the onus of
proving the delegation.
Canon 132 §1 Habitual faculties are governed by the
provisions concerning delegated power.
§2 However, unless the grant has expressly provided
otherwise, or the Ordinary was deliberately chosen as the only one to exercise
the faculty, an habitual faculty granted to an Ordinary does not lapse on the
expiry of the authority of the Ordinary to whom it was given, even if he has
already begun to exercise the faculty, but it passes to the Ordinary who
succeeds him in governance.
Canon 133 §1 A delegate who exceeds the limits of the
mandate, with regard either to things or to persons, performs no act at all.
§2 A delegate is not considered to have exceeded the mandate
when what was delegated is carried out, but in a manner different to that
determined in the mandate, unless the manner was prescribed for validity by the
delegating authority.
Canon 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 Canon
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 Canon 381 §2 who are equivalent to him,
to the exclusion of the Vicar general and the Episcopal Vicar except by special
mandate.
Canon 135 §1 The power of governance is divided into
legislative, executive and judicial power.
§2 Legislative power is to be exercised in the manner
prescribed by law; that which in the Church a legislator lower than the supreme
authority has cannot be delegated, unless the law explicitly provides otherwise.
A lower legislator cannot validly make a law which is contrary to that of a
higher legislator.
§3 Judicial power, which is possessed by judges and judicial
colleges, is to be exercised in the manner prescribed by law, and it cannot be
delegated except for the performance of acts preparatory to some decree or
judgment.
§4 As far as the exercise of executive power is concerned,
the provisions of the following Canons are to be observed.
Canon 136 Persons may exercise executive power over their
subjects, even when either they themselves or their subjects are outside the
territory, unless it is otherwise clear from the nature of things or from the
provisions of law. They can exercise this power over peregrini who are actually
living in the territory, if it is a question of granting favors, or of executing
universal or particular laws by which the peregrini are bound in accordance with
Canon 13 §2, n. 2.
Canon 137 §1 Ordinary executive power can be delegated
either for an individual case or for all cases, unless the law expressly
provides otherwise.
§2 Executive power delegated by the Apostolic See can be
subdelegated, either for an individual case or for all cases, unless the
delegation was deliberately given to the individual alone, or unless
subdelegation was expressly prohibited.
§3 Executive power delegated by another authority having
ordinary power, if delegated for all cases, can be subdelegated only for
individual cases; if delegated for a determinate act or acts, it cannot be
subdelegated, except by the express grant of the person delegating.
§4 No subdelegated power can again be subdelegated, unless
this was expressly granted by the person delegating.
Canon 138 Ordinary executive power, and power delegated for
all cases, are to be interpreted widely; any other power is to be interpreted
strictly. Delegation of power to a person is understood to include everything
necessary for the exercise of that power.
Canon 139 §1 Unless the law prescribes otherwise, the tact
that a person approaches some competent authority, even a higher one, does not
mean that the executive power of another competent authority is suspended,
whether that be ordinary or delegated.
§2 A lower authority, however, is not to interfere in cases
referred to higher authority, except for a grave and urgent reason; in which
case the higher authority is to be notified immediately.
Canon 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 Canon 119, unless the
mandate provides otherwise.
§3 Executive power delegated to several people is presumed
to be delegated to them together.
Canon 141 If several people are successively delegated, that
person is to deal with the matter whose mandate was the earlier and was not
subsequently revoked.
Canon 142 §1 Delegated power lapses: on the completion of
the mandate; on the expiry of the time or the completion of the number of cases
for which it was granted; on the cessation of the motivating reason for the
delegation; on its revocation by the person delegating, when communicated
directly to the person delegated; and on the retirement of the person delegated,
when communicated to and accepted by the person delegating. It does not lapse on
the expiry of the authority of the person delegating, unless this appears from
clauses attached to it.
§2 An act of delegated power exercised for the internal
forum only, which is inadvertently performed after the time limit of the
delegation, is valid.
Canon 143 §1 Ordinary power ceases on the loss of the office
to which it is attached.
§2 Unless the law provides otherwise, ordinary power is
suspended if an appeal or a recourse is lawfully made against a deprivation of,
or removal from, office.
Canon 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
Canon. 883, 966, and 1111 §1.
Canon 145 §1 An ecclesiastical office is any post which by
divine or ecclesiastical disposition is established in a stable manner to
further a spiritual purpose.
§2 The duties and rights proper to each ecclesiastical
office are defined either by the law whereby the office is established, or by a
decree of the competent authority whereby it is at one and at the same time
established and conferred.
Canon 146 An ecclesiastical office cannot be validly obtained
without canonical provision.
Canon 147 The provision of an ecclesiastical office is
effected: by its being freely conferred by the competent ecclesiastical
authority; by appointment made by the same authority, where there has been a
prior presentation; by confirmation or admission by the same authority, where
there has been a prior election or postulation; finally, by a simple election
and acceptance of the election, if the election does not require confirmation.
Canon 148 Unless the law provides otherwise, the provision of
an office is the prerogative of the authority which is competent to establish,
change or suppress the office.
Canon 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 judgment of an administrative tribunal.
§3 The provision of an office made as a result of simony, is
invalid by virtue of the law itself.
Canon 150 An office which carries with it the full care of
souls, for which the exercise of the order of priesthood is required, cannot
validly be conferred upon a person who is not yet a priest.
Canon 151 The provision of an office which carries with it
the care of souls is not to be deferred without grave reason.
Canon 152 Two or more offices which are incompatible, that
is, which cannot be exercised at the same time by the same person, are not to be
conferred upon anyone.
Canon 153 §1 The provision of an office which in law is not
vacant is by that very fact invalid, nor does it become valid by subsequent
vacancy.
§2 If, however, there is question of an office which by law
is conferred for a determinate time, provision can be made within six months
before the expiry of this time, and it takes effect from the day the office
falls vacant.
§3 The promise of any office, by whomsoever it is made, has
no juridical effect.
Canon 154 An office which in law is vacant, but which someone
unlawfully still holds, may be conferred, provided that it has been properly
declared that such possession is not lawful, and that mention is made of this
declaration in the letter of conferral.
Canon 155 One who confers an office in the place of another
who is negligent or impeded, does not thereby acquire any power over the person
on whom the office is conferred; the juridical condition of the latter is the
same as if the provision of the office had been carried out in accordance with
the ordinary norm of law.
Canon 156 The provision of any office is to be made in
writing.
Article 1: Free Conferral
Canon 157 Unless the law expressly states otherwise, it is
the prerogative of the diocesan Bishop to make appointments to ecclesiastical
offices in his own particular Church by free conferral.
Article 2: Presentation
Canon 158 §1 Presentation to an ecclesiastical office by a
person having the right of presentation must be made to the authority who is
competent to make an appointment to the office in question; unless it is
otherwise lawfully provided, presentation is to be made within three months of
receiving notification of the vacancy of the office.
§2 If the right of presentation belongs to a college or
group of persons, the person to be presented is to be designated according to
the provisions of Canon. 165--179.
Canon 159 No one is to be presented who is unwilling.
Accordingly, one who is proposed for presentation must be consulted, and may be
presented if within eight canonical days a refusal is not entered.
Canon 160 §1 One who has the right of presentation may
present one or more persons, either simultaneously or successively.
§2 No persons may present themselves. However a college or a
group of persons may present one of its members.
Canon 161 §1 Unless the law prescribes otherwise, one who
has presented a person who is judged unsuitable, may within a month present
another candidate, but once only.
§2 If before the appointment is made the person presented
has withdrawn or has died, the one with the right of presentation may exercise
this right again, within a month of receiving notice of the withdrawal or of the
death.
Canon 162 A person who has not presented anyone within the
canonical time prescribed by Canon 158 §1 and Canon 161, or who has twice
presented a candidate judged to be unsuitable, loses the right of presentation
for that case. The authority who is competent to appoint may then freely provide
for the vacant office, but with the consent of the proper Ordinary of the person
appointed.
Canon 163 The authority to whom, in accordance with the law,
it belongs to appoint one who is presented, is to appoint the person lawfully
presented whom he has judged suitable, and who has accepted. If a number
lawfully presented are judged suitable, he is to appoint one of them.
Article 3: Election
Canon 164 Unless it has been otherwise provided in the law,
the provisions of the following Canons are to be observed in canonical
elections.
Canon 165 Unless it is otherwise provided in the law or in
the statutes of the college or group, if a college or a group of persons enjoys
the right to elect to an office, the election is not to be deferred beyond three
canonical months, to be reckoned from the receipt of notification of the vacancy
of the office. If the election does not take place within that time, the
ecclesiastical authority who has the right of confirming the election or the
right to make provision otherwise, is freely to provide for the vacant office.
Canon 166 §1 The one who presides over the college or group
is to summon all those who belong to the college or group. When it has to be
personal, the summons is valid if it is made in the place of domicile or
quasi-domicile or in the place of residence.
§2 If someone who should have been summoned was overlooked
and was therefore absent, the election is valid. However, if that person insists
and gives proof of being overlooked and of absence, the election, even if
confirmed, must be rescinded by the competent authority, provided it is
juridically established that the recourse was submitted within no more than
three days of having received notification of the election.
§3 If more than one third of the voters were overlooked, the
election is invalid by virtue of the law itself, unless all those overlooked
were in fact present.
Canon 167 §1 When the summons has been lawfully made, those
who are present on the day and in the place specified in the summons have the
right to vote. Unless it is otherwise lawfully provided in the statutes, votes
cast by letter or by proxy cannot be admitted.
§2 If an elector is present in the building in which the
election is being held, but because of infirmity is unable to be present at the
election, a written vote is to be sought from that person by the scrutineers.
Canon 168 Even if someone has a right to vote in his or her
own name by reason of a number of titles, that person may cast only one vote.
Canon 169 In order that an election be valid, no one may be
allowed to vote who does not belong to the college or group.
Canon 170 If the freedom of an election has in any way been
in fact impeded, the election is invalid by virtue of the law itself.
Canon 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 judgment of a court
or by a decree whereby this penalty is imposed or declared;
4° one who notoriously defected from communion with the
Church.
§2 If any of the above persons is admitted, the vote cast is
invalid. The election, however, is valid, unless it is established that, without
this vote, the person elected would not have gained the requisite number of
votes.
Canon 172 §1 For a vote to be valid, it must be:
1° free; a vote is therefore invalid if, through grave fear
or deceit, someone was directly or indirectly made to choose a certain person or
several persons separately;
2° secret, certain, absolute and determinate.
§2 Conditions attached to a vote before an election are to
be considered non-existent.
Canon 173 §1 Before an election begins, at least two
scrutineers are to be appointed from among the college or group.
§2 The scrutineers are to collect the votes and, in the
presence of the one who presides at the election, to check whether the number of
votes corresponds to the number of electors; they are then to examine the votes
and to announce how many each person has received.
§3 If the number of votes exceeds the number of electors,
the act is null.
§4 All the proceedings of an election are to be accurately
recorded by the one who acts as notary. They are to be signed at least by that
notary, by the person who presides and by the scrutineers, and they are to be
carefully preserved in the archive of the college.
Canon 174 §1 Unless the law or the statutes provide
otherwise, an election can be made by compromise, that is the electors by
unanimous and written consent transfer the right of election for this occasion
to one or more suitable persons, whether they belong to the college or are
outside it, who in virtue of this authority are to elect in the name of all.
§2 If the college or group consists solely of clerics, the
persons to whom the power of election is transferred must be in sacred orders;
otherwise the election is invalid.
§3 Those to whom the power of election is transferred must
observe the provisions of law concerning an election and, for the validity of
the election, they must observe the conditions attached to the compromise,
unless these conditions are contrary to the law. Conditions which are contrary
to the law are to be regarded as non-existent.
Canon 175 A compromise ceases, and the right to vote reverts
to those who transferred it, when:
1° it is revoked by the college or group before it has been
put into effect;
2° a condition attached to the compromise has not been
fulfilled;
3° the election has been held, but invalidly.
Canon 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 Canon 119, n. 1, is deemed elected and is to be proclaimed by
the person who presides over the college or group.
Canon 177 §1 The election is to be notified immediately to
the person elected who must, within eight canonical days from the receipt of
notification of the election, intimate to the person who presides over the
college or group whether or not he or she accepts the election; otherwise, the
election has no effect.
§2 The person elected who has not accepted loses every right
deriving from the election, nor is any right revived by subsequent acceptance;
the person may, however, be elected again. The college or group must proceed to
a new election within a month of being notified of non-acceptance.
Canon 178 If the election does not require confirmation, by
accepting the election the person elected immediately obtains the office with
all its rights; otherwise, he or she acquires only a right to the office.
Canon 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 Canon 149 §1, and the
election has been carried out in accordance with the law.
§3 Confirmation must be given in writing.
§4 Before receiving notice of the confirmation, the person
elected may not become involved in the administration of the office, neither in
spiritual nor in material affairs; any acts possibly performed by that person
are invalid.
§5 When confirmation has been notified, the person elected
obtains full right to the office, unless the law provides otherwise.
Article 4: Postulation
Canon 180 §1 If a canonical impediment, from which a
dispensation is possible and customary, stands in the way of the election of a
person whom the electors judge more suitable and prefer, they can, unless the
law provides otherwise, postulate that person from the competent authority.
§2 Those to whom the power of electing has been transferred
by compromise may not make a postulation, unless this is expressly stated in the
terms of the compromise.
Canon 181 §1 For a postulation to have effect, at least two
thirds of the votes are required.
§2 A vote for postulation must be expressed by the term ‘I
postulate’, or an equivalent. The formula ‘I elect or postulate’, or its
equivalent, is valid for election if there is no impediment; otherwise, it is
valid for postulation.
Canon 182 §1 The postulation must be sent, within eight
canonical days, by the person who presides to the authority which is competent
to confirm the election, to whom it belongs to grant the dispensation from the
impediment or, if he has not this authority, to seek the dispensation from a
superior authority. If confirmation is not required, the postulation must be
sent to the authority which is competent to grant the dispensation.
§2 If the postulation is not forwarded within the prescribed
time, it is by that very fact invalid, and the college or group is for that
occasion deprived of the right of election or of postulation, unless it is
proved that the person presiding was prevented by a just impediment from
forwarding the postulation, or did not do so in due time because of deceit or
negligence.
§3 The person postulated does not acquire any right from the
postulation; the competent authority is not obliged to admit the postulation.
§4 The electors may not revoke a postulation made to the
competent authority, except with the consent of that authority.
Canon 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 Canon 177
§1.
§3 The person who accepts a postulation which has been
admitted immediately obtains full right to the office.
Canon 184 §1 An ecclesiastical office is lost on the expiry
of a predetermined time; on reaching the age limit defined by law; by
resignation; by transfer; by removal; by deprivation.
§2 An ecclesiastical office is not lost on the expiry, in
whatever way, of the authority of the one by whom it was conferred, unless the
law provides otherwise.
§3 The loss of an office, once it has taken effect, is to be
notified as soon as possible to those who have any right in regard to the
provision of the office.
Canon 185 The title ‘emeritus’ may be conferred on one
who loses office by reason of age, or of resignation which has been accepted.
Canon 186 Loss of office by reason of the expiry of a
predetermined time or of reaching the age limit, has effect only from the moment
that this is communicated in writing by the competent authority.
Article 1: Resignation
Canon 187 Anyone who is capable of personal responsibility
can resign from an ecclesiastical office for a just reason.
Canon 188 A resignation which is made as a result of grave
fear unjustly inflicted, or of deceit, or of substantial error, or of simony, is
invalid by virtue of the law itself.
Canon 189 §1 For a resignation to be valid, whether it
requires acceptance or not, it must be made to the authority which is competent
to provide for the office in question, and it must be made either in writing, or
orally before two witnesses.
§2 The authority is not to accept a resignation which is not
based on a just and proportionate reason.
§3 A resignation which requires acceptance has no force
unless it is accepted within three months. One which does not require acceptance
takes effect when the person resigning communicates it in accordance with the
law.
§4 Until a resignation takes effect, it can be revoked by
the person resigning. Once it has taken effect, it cannot be revoked, but the
person who resigned can obtain the office on the basis of another title.
Article 2: Transfer
Canon 190 §1 A transfer can be made only by the person who
has the right to provide both for the office which is lost and at the same time
for the office which is being conferred.
§2 A grave reason is required if a transfer is made against
the will of the holder of an office and, always without prejudice to the right
to present reasons against the transfer, the procedure prescribed by law is to
be observed.
§3 For a transfer to have effect, it must be notified in
writing.
Canon 191 §1 In the process of transfer, the first office is
vacated by the taking of canonical possession of the other office, unless the
law or the competent authority has prescribed otherwise.
§2 The person transferred receives the remuneration attached
to the previous office until the moment of obtaining canonical possession of the
other office.
Article 3: Removal
Canon 192 One is removed from office either by a decree of
the competent authority lawfully issued, observing of course the rights possibly
acquired from a contract, or by virtue of the law in accordance with Canon 194.
Canon 193 §1 No one may be removed from an office which is
conferred on a person for an indeterminate time, except for grave reasons and in
accordance with the procedure defined by law.
§2 This also applies to the removal from office before time
of a person on whom an office is conferred for a determinate time, without
prejudice to Canon 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 judgment of the same authority, be removed from the
office for a just reason.
§4 For a decree of removal to be effective, it must be
notified in writing.
Canon 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 Canon. 2 and 3 can be insisted
upon only if it is established by a declaration of the competent authority.
Canon 195 If by a decree of the competent authority, and not
by the law itself, someone is removed from an office on which that person’s
livelihood depends, the same authority is to ensure that the person’s
livelihood is secure for an appropriate time, unless this has been provided for
in some other way.
Article 4: Deprivation
Canon 196 §1 Deprivation of office, that is, as a punishment
for an offence, may be effected only in accordance with the law.
§2 Deprivation takes effect in accordance with the
provisions of the Canons concerning penal law.
Canon 197 Prescription, as a means of acquiring or of losing
a subjective right, or as a means of freeing oneself from obligations, is, apart
from the exceptions prescribed in the Canons of this Code, accepted by the
Church in the manner in which it is adopted in the civil legislation of each
country.
Canon 198 No prescription is valid unless it is based on good
faith, not only in its beginning, but throughout the whole time required for the
prescription, without prejudice to Canon 1362.
Canon 199 The following are not affected by prescription:
1° rights and obligations which are of divine law, whether
natural or positive;
2° rights which can be obtained only by apostolic privilege;
3° rights and obligations which bear directly on the
spiritual life of Christ’s faithful;
4° the certain and undisputed boundaries of ecclesiastical
territories;
5° Mass offerings and obligations;
6° the provision of an ecclesiastical office which, in
accordance with the law, requires the exercise of a sacred order;
7° the right of visitation and the obligation of obedience,
so that Christ’s faithful could not be visited by an ecclesiastical authority
and would no longer be subject to any authority.
Canon 200 Unless the law provides otherwise, time is to be
reckoned in accordance with the following Canons.
Canon 201 §1 Continuous time means unbroken time.
§2 Canonical time is time which a person can so use to
exercise or to pursue a right that it does not run when one is unaware, or when
one is unable to act.
Canon 202 §1 In law, a day is understood to be a space of
twenty-four hours, to be reckoned continuously and, unless expressly provided
otherwise, it begins at midnight; a week is a space of seven days- a month is a
space of thirty days, and a year a space of three hundred and sixty-five days,
unless it is stated that the month and the year are to be taken as in the
calendar.
§2 If time is continuous, the month and the year are always
to be taken as in the calendar.
Canon 203 §1 The first day is not to be counted in the
total, unless its beginning coincides with the beginning of the day, or unless
the law expressly provides otherwise.
§2 Unless the contrary is prescribed, the final day is to be
reckoned within the total; if the total time is one or more months, one or more
years, one or more weeks, it finishes on completion of the last day bearing the
same number or, if the month does not have the same number, on the completion of
the last day of that month.
Canon 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 fulfill 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.
Canon 205 Those baptized are in full communion with the
Catholic Church here on earth who are joined with Christ in his visible body,
through the bonds of profession of faith, the sacraments and ecclesiastical
governance.
Canon 206 §1 Catechumens are linked with the Church in a
special way since, moved by the Holy Spirit, they are expressing an explicit
desire to be incorporated in the Church. By this very desire, as well as by the
life of faith, hope and charity which they lead, they are joined to the Church
which already cherishes them as its own.
§2 The Church has a special care for catechumens. While it
invites them to lead an evangelical life, and introduces them to the celebration
of the sacred rites, it already accords them various prerogatives which are
proper to Christians.
Canon 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
recognized and approved by the Church, are consecrated to God in their own
special way and promote the salvific mission of the Church. Their state,
although it does not belong to the hierarchical structure of the Church, does
pertain to its life and holiness.
Canon 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.
Canon 209 §1 Christ’s faithful are bound to preserve their
communion with the Church at all times, even in their external actions.
§2 They are to carry out with great diligence their
responsibilities towards both the universal Church and the particular Church to
which by law they belong.
Canon 210 All Christ’s faithful, each according to his or
her own condition, must make a wholehearted effort to lead a holy life, and to
promote the growth of the Church and its continual sanctification.
Canon 211 All Christ’s faithful have the obligation and the
right to strive so that the divine message of salvation may more and more reach
all people of all times and all places.
Canon 212 §1 Christ’s faithful, conscious of their own
responsibility, are bound to show Christian obedience to what the sacred
Pastors, who represent Christ, declare as teachers of the faith and prescribe as
rulers of the Church.
§2 Christ’s faithful are at liberty to make known their
needs, especially their spiritual needs, and their wishes to the Pastors of the
Church.
§3 They have the right, indeed at times the duty, in keeping
with their knowledge, competence and position, to manifest to the sacred Pastors
their views on matters which concern the good of the Church. They have the right
also to make their views known to others of Christ’s faithful, but in doing so
they must always respect the integrity of faith and morals, show due reverence
to the Pastors and take into account both the common good and the dignity of
individuals.
Canon 213 Christ’s faithful have the right to be assisted
by their Pastors from the spiritual riches of the Church, especially by the word
of God and the sacraments.
Canon 214 Christ’s faithful have the right to worship God
according to the provisions of their own rite approved by the lawful Pastors of
the Church; they also have the right to follow their own form of spiritual life,
provided it is in accord with Church teaching.
Canon 215 Christ’s faithful may freely establish and direct
associations which serve charitable or pious purposes or which foster the
Christian vocation in the world, and they may hold meetings to pursue these
purposes by common effort.
Canon 216 Since they share the Church’s mission, all Christ’s
faithful have the right to promote and support apostolic action, by their own
initiative, undertaken according to their state and condition. No initiative,
however, can lay claim to the title ‘Catholic’ without the consent of the
competent ecclesiastical authority.
Canon 217 Since Christ’s faithful are called by baptism to
lead a life in harmony with the gospel teaching, they have the right to a
Christian education, which genuinely teaches them to strive for the maturity of
the human person and at the same time to know and live the mystery of salvation.
Canon 218 Those who are engaged in fields of sacred study
have a just freedom to research matters in which they are expert and to express
themselves prudently concerning them, with due allegiance to the magisterium of
the Church.
Canon 219 All Christ’s faithful have the right to immunity
from any kind of coercion in choosing a state in life.
Canon 220 No one may unlawfully harm the good reputation
which a person enjoys, or violate the right of every person to protect his or
her privacy.
Canon 221 §1 Christ’s faithful may lawfully vindicate and
defend the rights they enjoy in the Church, before the competent ecclesiastical
forum in accordance with the law.
§2 If any members of Christ’s faithful are summoned to
trial by the competent authority, they have the right to be judged according to
the provisions of the law, to be applied with equity.
§3 Christ’s faithful have the right that no canonical
penalties be inflicted upon them except in accordance with the law.
Canon 222 §1 Christ’s faithful have the obligation to
provide for the needs of the Church, so that the Church has available to it
those things which are necessary for divine worship, for apostolic and
charitable work and for the worthy support of its ministers.
§2 They are also obliged to promote social justice and,
mindful of the Lord’s precept, to help the poor from their own resources.
Canon 223 §1 In exercising their rights, Christ’s
faithful, both individually and in associations, must take account of the common
good of the Church, as well as the rights of others and their own duties to
others.
§2 Ecclesiastical authority is entitled to regulate, in view
of the common good, the exercise of rights which are proper to Christ’s
faithful.
Canon 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.
Canon 225 §1 Since lay people, like all Christ’s faithful,
are deputed to the apostolate by baptism and confirmation, they are bound by the
general obligation and they have the right, whether as individuals or in
associations, to strive so that the divine message of salvation may be known and
accepted by all people throughout the world. This obligation is all the more
insistent in circumstances in which only through them are people able to hear
the Gospel and to know Christ.
§2 They have also, according to the condition of each, the
special obligation to permeate and perfect the temporal order of things with the
spirit of the Gospel. In this way, particularly in conducting secular business
and exercising secular functions, they are to give witness to Christ.
Canon 226 §1 Those who are married are bound by the special
obligation, in accordance with their own vocation, to strive for the building up
of the people of God through their marriage and family.
§2 Because they gave life to their children, parents have
the most serious obligation and the right to educate them. It is therefore
primarily the responsibility of Christian parents to ensure the Christian
education of their children in accordance with the teaching of the Church.
Canon 227 To lay members of Christ’s faithful belongs the
right to have acknowledged as theirs that freedom in secular affairs which is
common to all citizens. In using this freedom, however, they are to ensure that
their actions are permeated with the spirit of the Gospel, and they are to heed
the teaching of the Church proposed by the magisterium, but they must be on
guard, in questions of opinion, against proposing their own view as the teaching
of the Church.
Canon 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.
Canon 229 §1 Lay people have the duty and the right to
acquire the knowledge of Christian teaching which is appropriate to each one’s
capacity and condition, so that they may be able to live according to this
teaching, to proclaim it and if necessary to defend it, and may be capable of
playing their part in the exercise of the apostolate.
§2 They also have the right to acquire that fuller knowledge
of the sacred sciences which is taught in ecclesiastical universities or
faculties or in institutes of religious sciences, attending lectures there and
acquiring academic degrees.
§3 Likewise, assuming that the provisions concerning the
requisite suitability have been observed, they are capable of receiving from the
lawful ecclesiastical authority a mandate to teach the sacred sciences.
Canon 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.
Canon 231 §1 Lay people who are pledged to the special
service of the Church, whether permanently or for a time, have a duty to acquire
the appropriate formation which their role demands, so that they may
conscientiously, earnestly and diligently fulfill this role.
§2 Without prejudice to the provisions of Canon 230 §1,
they have the right to a worthy remuneration befitting their condition, whereby,
with due regard also to the provisions of the civil law, they can becomingly
provide for their own needs and the needs of their families. Likewise, they have
the right to have their insurance, social security and medical benefits duly
safeguarded.
Canon 232 It is the duty and the proper and exclusive right
of the Church to train those who are deputed to sacred ministries.
Canon 233 §1 It is the duty of the whole Christian community
to foster vocations so that the needs of the sacred ministry are sufficiently
met in the entire Church. In particular, this duty binds Christian families,
educators and, in a special way, priests, especially parish priests. Diocesan
bishops who must show the greatest concern to promote vocations, are to instruct
the people entrusted to them on the importance of the sacred ministry and the
need for ministers in the Church. They are to encourage and support initiatives
to promote vocations, especially movements established for this purpose.
§2 Moreover, priests and especially diocesan Bishops are to
be solicitous that men of more mature years who believe they are called to the
sacred ministries are prudently assisted by word and deed and are duly prepared.
Canon 234 §1 Minor seminaries and other institutions of a
similar nature promote vocations by providing a special religious formation,
allied to human and scientific education- where they exist, they are to be
retained and fostered. Indeed, where the diocesan Bishop considers it expedient,
he is to provide for the establishment of a minor seminary or similar
institution.
§2 Unless the circumstances of certain situations suggest
otherwise, young men who aspire to the priesthood are to receive that same human
and scientific formation which prepares their peers in their region for higher
studies.
Canon 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 judgment of the diocesan Bishop circumstances require it, for at
least four years.
§2 Those who lawfully reside outside the seminary are to be
entrusted by the diocesan Bishop to a devout and suitable priest, who will
ensure that they are carefully formed in the spiritual life and in discipline.
Canon 236 Those who aspire to the permanent Diaconate are to
be formed in the spiritual life and appropriately instructed in the fulfillment
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 house unless the diocesan Bishop for grave reasons decides otherwise,
2° men of more mature years, whether celibate or married,
are to prepare for three years in a manner determined by the same Episcopal
Conference.
Canon 237 §1 Where it is possible and advisable, each
diocese is to have a major seminary; otherwise, students preparing for the
sacred ministries are to be sent to the seminary of another diocese, or an
inter-diocesan seminary is to be established.
§2 An 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.
Canon 238 §1 Seminaries which are lawfully established have
juridical personality in the Church by virtue of the law itself.
§2 In the conduct of all its affairs, the rector acts in the
person of the seminary, unless for certain matters the competent authority has
prescribed otherwise.
Canon 239 §1 In all seminaries there is to be a rector who
presides over it, a vice-rector, if circumstances warrant this, and a financial
administrator. Moreover, if the students follow their studies in the seminary,
there are to be professors who teach the various subjects in a manner suitably
coordinated between them.
§2 In every seminary there is to be at least one spiritual
director, though the students are also free to approach other priests who have
been deputed to this work by the Bishop.
§3 The seminary statutes are to determine the manner in
which the other moderators, the professors and indeed the students themselves,
are to participate in the rector’s responsibility, especially in regard to the
maintenance of discipline.
Canon 240 §1 Besides ordinary confessors, other confessors
are to come regularly to the seminary; while maintaining seminary discipline,
the students are always to be free to approach any confessor, whether inside or
outside the seminary.
§2 In deciding about the admission of students to orders, or
their dismissal from the seminary, the vote of the spiritual director and the
confessors may never be sought.
Canon 241 §1 The diocesan Bishop is to admit to the major
seminary only those whose human, moral, spiritual and intellectual gifts, as
well as physical and psychological health and right intention, show that they
are capable of dedicating themselves permanently to the sacred ministries.
§2 Before they are accepted, they must submit documentation
of their baptism and confirmation, and whatever else is required by the
provisions of the Charter of Priestly Formation.
§3 If there is question of admitting those who have been
dismissed from another seminary or religious institute, there is also required
the testimony of the respective superior, especially concerning the reason for
their dismissal or departure.
Canon 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.
Canon 243 In addition, each seminary is to have its own rule,
approved by the diocesan Bishop or, in the case of an inter-diocesan seminary,
by the Bishops concerned. In this, the norms of the Charter of Priestly
Formation are to be adapted to the particular circumstances and developed in
greater detail, especially on points of discipline affecting the daily life of
the students and the good order of the entire seminary.
Canon 244 The spiritual formation and the doctrinal
instruction of the students in a seminary are to be harmoniously blended. They
are to be so planned that the students, each according to his talents,
simultaneously develop the requisite human maturity and acquire the spirit of
the Gospel and a close relationship with Christ.
Canon 245 §1 Through their spiritual formation students are
to be fitted for the fruitful exercise of the pastoral ministry, and are to be
inculcated with a sense of mission. They are to learn that a ministry which is
always exercised with lively faith and charity contributes effectively to their
personal sanctification. They are to learn to cultivate those virtues which are
highly valued in human relationships, in such a way that they can arrive at an
appropriate harmony between human and supernatural values.
§2 Students are to be so trained that, filled with love for
Christ’s Church, they are linked to the Roman Pontiff, the successor of Peter,
in humble and filial charity, to their own Bishop as his faithful co-workers and
to their brethren in friendly cooperation. Through the common life in the
seminary, and by developing relationships of friendship and of association with
others, they are to be prepared for the fraternal unity of the diocesan
presbyterium, in whose service of the Church they will share.
Canon 246 §1 The celebration of the Eucharist is to be the
center 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
labor and for their spiritual life particularly from this richest of sources.
§2 They are to be formed in the celebration of the liturgy
of the hours, by which the ministers of God, in the name of the Church,
intercede with Him for all the people entrusted to them, and indeed for the
whole world.
§3 Devotion to the Blessed Virgin Mary, including the
rosary, mental prayer and other exercises of piety are to be fostered, so that
the students may acquire the spirit of prayer and be strengthened in their
vocation.
§4 The students are to become accustomed to approach the
sacrament of penance frequently. It is recommended that each should have a
director of his spiritual life, freely chosen, to whom he can trustfully reveal
his conscience.
§5 Each year the students are to make a spiritual retreat.
Canon 247 §1 By appropriate instruction they are to be
prepared to observe celibacy and to learn to hold it in honor as a special gift
of God.
§2 The students are to be given all the requisite knowledge
concerning the duties and burdens which are proper to the sacred ministers of
the Church, concealing none of the difficulties of the priestly life.
Canon 248 The doctrinal formation given is to be so directed
that the students may acquire a wide and solid teaching in the sacred sciences,
together with a general culture which is appropriate to the needs of place and
time. As a result, with their own faith founded on and nourished by this
teaching, they ought to be able properly to proclaim the Gospel to the people of
their own time, in a fashion suited to the manner of the people’s thinking.
Canon 249 The Charter of Priestly Formation is to provide
that the students are not only taught their native language accurately, but are
also well versed in Latin, and have a suitable knowledge of other languages
which would appear to be necessary or useful for their formation or for the
exercise of their pastoral ministry.
Canon 250 The philosophical and theological studies which are
organized in the seminary itself may be conducted either in succession or
conjointly, in accordance with the Charter of Priestly Formation. These studies
are to take at least six full years, in such a way that the time given to
philosophical studies amounts to two full years and that allotted to theological
studies to four full years.
Canon 251 Philosophical formation must be based on the
philosophical heritage that is perennially valid, and it is also to take account
of philosophical investigations over the course of time. It is to be so given
that it furthers the human formation of the students, sharpens their mental edge
and makes them more fitted to engage in theological studies.
Canon 252 §1 Theological formation, given in the light of
faith and under the guidance of the magisterium, is to be imparted in such a way
that the students learn the whole of Catholic teaching, based on divine
Revelation, that they make it a nourishment of their own spiritual lives, and
that in the exercise of the ministry they may be able properly to proclaim and
defend it.
§2 Students are to be instructed with special care in sacred
Scripture, so that they may acquire an insight into the whole of sacred
Scripture.
§3 Lectures are to be given in dogmatic theology, based
always on the written word of God and on sacred Tradition; through them the
students are to learn to penetrate more deeply into the mysteries of salvation,
with St. Thomas in particular as their teacher. Lectures are also to be given in
moral and pastoral theology, Canon law, liturgy, ecclesiastical history, and
other auxiliary and special disciplines, in accordance with the provisions of
the Charter on Priestly Formation.
Canon 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 recognized by the Holy See.
§2 Care is to be taken that different professors are
appointed for sacred Scripture, dogmatic theology, moral theology, liturgy,
philosophy, Canon law and church history, and for other disciplines which are to
be taught by their own distinctive methods.
§3 A professor who seriously fails in his or her duty is to
be removed by the authority mentioned in §1.
Canon 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 organization of studies.
§2 The students are to be taught in such a way that they
themselves are enabled to research various questions in the scientific way
appropriate to each question. There are, therefore, to be assignments in which,
under the guidance of the professors, the students learn to work out certain
subjects by their own efforts.
Canon 255 Although the whole formation of students in the
seminary has a pastoral purpose, a specifically pastoral formation is also to be
provided there; in this the students are to learn the principles and the
techniques which, according to the needs of place and time, are relevant to the
ministry of teaching, sanctifying and ruling the people of God.
Canon 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 fulfillment of other tasks.
§2 The students are to be instructed about the needs of the
universal Church, so that they may have a solicitude for encouraging vocations,
for missionary and ecumenical questions, and for other pressing matters,
including social problems.
Canon 257 §1 The formation of students is to ensure that
they are concerned not only for the particular Church in which they are
incardinated, but also for the universal Church, and that they are ready to
devote themselves to particular Churches which are beset by grave need.
§2 The diocesan Bishop is to ensure that clerics who intend
to move from their own particular Church to a particular Church in another
region, are suitably prepared to exercise the sacred ministry there, that is,
that they learn the language of the region, and have an understanding of its
institutions, social conditions, usages and customs.
Canon 258 In order that the students may also by practice
learn the art of exercising the apostolate, they are in the course of their
studies, and especially during holiday time, to be initiated into pastoral
practice by suitable assignments, always under the supervision of an experienced
priest. These assignments, appropriate to the age of the student and the
conditions of the place, are to be determined by the Ordinary.
Canon 259 §1 It belongs to the diocesan Bishop or, in the
case of an inter-diocesan seminary, to the Bishops concerned to determine those
matters which concern the overall control and administration of the seminary.
§2 The diocesan Bishop or, in the case of an inter-diocesan
seminary, the Bishops concerned, are frequently to visit the seminary in person.
They are to oversee the formation of their students, and the philosophical and
theological instruction given in the seminary. They are to inform themselves
about the vocation, character, piety and progress of the students, in view
particularly to the conferring of sacred orders.
Canon 260 In the fulfillment of their duties, all must obey
the rector, who is responsible for the day-to-day direction of the seminary, in
accordance with the norms of the Charter of Priestly Formation and the rule of
the seminary.
Canon 261 §1 The rector of the seminary is to ensure that
the students faithfully observe the norms of the Charter of Priestly Formation
and the rule of the seminary; under his authority, and according to their
different positions, the moderators and professors have the same responsibility.
Canon 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 Canon 985.
Canon 263 The diocesan Bishop must ensure that the building
and maintenance of the seminary, the support of the students, the remuneration
of the teachers and the other needs of the seminary are provided for. In an
inter-diocesan seminary this responsibility devolves upon the Bishops concerned,
each to the extent allotted by their common agreement.
Canon 264 §1 To provide for the needs of the seminary, the
Bishop can, apart from the collection mentioned in Canon 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
center in the diocese. Exception is made for those whose sole support comes from
alms, or in which there is actually present a college of students or of teachers
for furthering the common good of the Church. This levy should be general,
proportionate to the revenue of those who are subject to it and calculated
according to the needs of the seminary.
Canon 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.
Canon 266 §1 By the reception of the Diaconate a person
becomes a cleric, and is incardinated in the particular Church or personal
Prelature for whose service he is ordained.
§2 A member who is perpetually professed in a religious
institute, or who is definitively incorporated into a clerical society of
apostolic life, is by the reception of the Diaconate incardinated as a cleric in
that institute or society unless, in the case of a society, the constitutions
determine otherwise.
§3 A member of a secular institute is by the reception of
the Diaconate incardinated into the particular Church for whose service he was
ordained, unless by virtue of a concession of the Apostolic See he is
incardinated into the institute itself.
Canon 267 §1 To be validly incardinated in another
particular Church, a cleric who is already incardinated must obtain a letter of
excardination signed by the diocesan Bishop, and in the same way a letter of
incardination signed by the diocesan Bishop of the particular Church in which he
wishes to be incardinated.
§2 Excardination granted in this way does not take effect
until incardination is obtained in the other particular Church.
Canon 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
Canon 266 is incardinated in that institute or society, is excardinated from his
own particular Church.
Canon 269 A diocesan Bishop is not to incardinate a cleric
unless:
1° the need or the advantage of his particular Church
requires it and the provisions of law concerning the worthy support of the
cleric are observed;
2° he knows by a lawful document that excardination has been
granted, and has also obtained from the excardinating Bishop, under secrecy if
need be, appropriate testimonials concerning the cleric’s life, behavior and
studies;
3° the cleric declares in writing to the same Bishop that he
wishes to enter the service of the new particular Church in accordance with the
norms of law.
Canon 270 Excardination can be lawfully granted only for a
just reason, such as the advantage of the Church or the good of the cleric. It
may not, however, be refused unless grave reasons exist; it is lawful for a
cleric who considers himself to be unfairly treated and who has a Bishop to
receive him, to have recourse against the decision.
Canon 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
honored and natural equity is observed. Under the same conditions, the Bishop of
the other particular Church can for a just reason refuse the cleric permission
to reside further in his territory.
Canon 272 The diocesan Administrator cannot grant
excardination nor incardination, nor permission to move to another particular
Church, unless the Episcopal see has been vacant for a year, and he has the
consent of the college of consultors.
Canon 273 Clerics have a special obligation to show reverence
and obedience to the Supreme Pontiff and to their own Ordinary.
Canon 274 §1 Only clerics can obtain offices the exercise of
which requires the power of order or the power of ecclesiastical governance.
§2 Unless excused by a lawful impediment, clerics are
obliged to accept and faithfully fulfill the office committed to them by their
Ordinary .
Canon 275 §1 Since all clerics are working for the same
purpose, namely the building up of the body of Christ, they are to be united
with one another in the bond of brotherhood and prayer. They are to seek to
cooperate with one another, in accordance with the provisions of particular law.
§2 Clerics are to acknowledge and promote the mission which
the laity, each for his or her part, exercises in the Church and in the world.
Canon 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
fulfill 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 honor the Virgin Mother of
God with particular veneration, and to use other general and special means to
holiness.
Canon 277 §1 Clerics are obliged to observe perfect and
perpetual continence for the sake of the Kingdom of heaven, and are therefore
bound to celibacy. Celibacy is a special gift of God by which sacred ministers
can more easily remain close to Christ with an undivided heart, and can dedicate
themselves more freely to the service of God and their neighbor.
§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 judgment on the observance of
the obligation in particular cases.
Canon 278 §1 The secular clergy have the right of
association with others for the achievement of purposes befitting the clerical
state.
§2 The secular clergy are to hold in high esteem those
associations especially whose statutes are recognized 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 fulfillment of
the office entrusted to them by the competent ecclesiastical authority.
Canon 279 §1 Clerics are to continue their sacred studies
even after ordination to the priesthood. They are to hold to that solid doctrine
based on sacred Scripture which has been handed down by our forebears and which
is generally received in the Church, as set out especially in the documents of
the Councils and of the Roman Pontiffs. They are to avoid profane novelties and
pseudo-science.
§2 Priests are to attend pastoral courses to be arranged for
them after their ordination, in accordance with the provisions of particular
law. At times determined by the same law, they are to attend other courses,
theological meetings or conferences, which offer them an occasion to acquire
further knowledge of the sacred sciences and of pastoral methods.
§3 They are also to seek a knowledge of other sciences,
especially those linked to the sacred sciences, particularly insofar as they
benefit the exercise of the pastoral ministry.
Canon 280 Some manner of common life is highly recommended to
clerics; where it exists, it is as far as possible to be maintained.
Canon 281 §1 Since clerics dedicate themselves to the
ecclesiastical ministry, they deserve the remuneration that befits their
condition, taking into account both the nature of their office and the
conditions of time and place. It is to be such that it provides for the
necessities of their life and for the just remuneration of those whose services
they need .
§2 Suitable provision is likewise to be made for such social
welfare as they may need in infirmity, sickness or old age.
§3 Married deacons who dedicate themselves full-time to the
ecclesiastical ministry deserve remuneration sufficient to provide for
themselves and their families. Those, however, who receive a remuneration by
reason of a secular profession which they exercise or exercised, are to see to
their own and to their families’ needs from that income.
Canon 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 fulfillment of all the duties of their state, they
may well wish to use for the good of the Church and for charitable works.
Canon 283 §1 Clerics, even if they do not have a residential
office, are not to be absent from their diocese for a considerable time, to be
determined by particular law, without the at least presumed permission of their
proper Ordinary.
§2 They may, however, take a rightful and sufficient holiday
every year, for the length of time determined by general or by particular law.
Canon 284 Clerics are to wear suitable ecclesiastical dress,
in accordance with the norms established by the Episcopal Conference and
legitimate local custom.
Canon 285 §1 Clerics are to shun completely everything that
is unbecoming to their state, in accordance with the provisions of particular
law.
§2 Clerics are to avoid whatever is foreign to their state,
even when it is not unseemly.
§3 Clerics are forbidden to assume public office whenever it
means sharing in the exercise of civil power.
§4 Without the permission of their Ordinary, they may not
undertake the administration of goods belonging to lay people, or secular
offices which involve the obligation to render an account. They are forbidden to
act as surety, even concerning their own goods, without consulting their proper
Ordinary. They are not to sign promissory notes which involve the payment of
money but do not state the reasons for the payment.
Canon 286 Clerics are forbidden to practice commerce or
trade, either personally or through another, for their own or another’s
benefit, except with the permission of the lawful ecclesiastical authority.
Canon 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 judgment of the competent
ecclesiastical authority, this is required for the defense of the rights of the
Church or to promote the common good.
Canon 288 Permanent deacons are not bound by the provisions
of Canon. 284, 285 §§3 and 4, 286, 287 §2, unless particular law states
otherwise.
Canon 289 §1 As military service ill befits the clerical
state, clerics and candidates for sacred orders are not to volunteer for the
armed services without the permission of their Ordinary.
§2 Clerics are to take advantage of exemptions from
exercising functions and public civil offices foreign to the clerical state,
which are granted in their favor by law, agreements or customs, unless their
proper Ordinary has in particular cases decreed otherwise.
Canon 290 Sacred ordination once validly received never
becomes invalid. A cleric, however, loses the clerical state:
1° by a judgment 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.
Canon 291 Apart from the cases mentioned in Canon 290, n. 1,
the loss of the clerical state does not carry with it a dispensation from the
obligation of celibacy, which is granted solely by the Roman Pontiff.
Canon 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 Canon 291. He is prohibited from exercising the power of order, without
prejudice to Canon 976. He is automatically deprived of all offices and roles
and of any delegated power.
Canon 293 A cleric who has lost the clerical state cannot be
enrolled as a cleric again save by rescript of the Apostolic See.
Canon 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.
Canon 295 §1 A personal prelature is governed by statutes
laid down by the Apostolic See. It is presided over by a Prelate as its proper
Ordinary. He has the right to establish a national or an international seminary,
and to incardinate students and promote them to orders with the title of service
of the prelature.
§2 The Prelate must provide both for the spiritual formation
of those who are ordained with this title, and for their becoming support.
Canon 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.
Canon 297 The statutes are likewise to define the
relationships of the prelature with the local Ordinaries in whose particular
Churches the prelature, with the prior consent of the diocesan Bishop, exercises
or wishes to exercise its pastoral or missionary activity.
Canon 298 §1 In the Church there are associations which are
distinct from institutes of consecrated life and societies of apostolic life. In
these associations, Christ’s faithful, whether clerics or laity, or clerics
and laity together, strive with a common effort to foster a more perfect life,
or to promote public worship or Christian teaching. They may also devote
themselves to other works of the apostolate, such as initiatives for
evangelization, 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.
Canon 299 §1 By private agreement among themselves, Christ’s
faithful have the right to constitute associations for the purposes mentioned in
Canon 298 §1, without prejudice to the provisions of Canon 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
recognized in the Church unless its statutes have been reviewed by the competent
authority.
Canon 300 No association may call itself ‘Catholic’
except with the consent of the competent ecclesiastical authority, in accordance
with Canon 312.
Canon 301 §1 It is for the competent ecclesiastical
authority alone to establish associations of Christ’s faithful which intend to
impart Christian teaching in the name of the Church, or to promote public
worship, or which are directed to other ends whose pursuit is of its nature
reserved to the same ecclesiastical authority.
§2 The competent ecclesiastical authority, if it judges it
expedient, can also establish associations of Christ’s faithful to pursue,
directly or indirectly, other spiritual ends whose attainment is not adequately
provided for by private initiatives.
§3 Associations of Christ’s faithful which are established
by the competent ecclesiastical authority are called public associations.
Canon 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.
Canon 303 Associations whose members live in the world but
share in the spirit of some religious institute, under the overall direction of
the same institute, and who lead an apostolic life and strive for Christian
perfection, are known as third orders, or are called by some other suitable
title.
Canon 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 center, its governance and the conditions of membership.
They are also to specify the manner of action of the association, paying due
regard to what is necessary or useful in the circumstances of the time and
place.
§2 Associations are to select for themselves a title or name
which is in keeping with the practices of the time and place, especially one
derived from the purpose they intend.
Canon 305 §1 All associations of Christ’s faithful are
subject to the supervision of the competent ecclesiastical authority. This
authority is to ensure that integrity of faith and morals is maintained in them
and that abuses in ecclesiastical discipline do not creep in. The competent
authority has therefore the duty and the right to visit these associations, in
accordance with the law and the statutes. Associations are also subject to the
governance of the same authority in accordance with the provisions of the Canons
which follow.
§2 Associations of every kind are subject to the supervision
of the Holy See. Diocesan associations are subject to the supervision of the
local Ordinary, as are other associations to the extent that they work in the
diocese.
Canon 306 To enjoy the rights and privileges, indulgences and
other spiritual favors granted to an association, it is necessary and sufficient
that a person be validly received into the association in accordance with the
provisions of the law and with the association’s own statutes, and be not
lawfully dismissed from it.
Canon 307 §1 The admission of members is to take place in
accordance with the law and with the statutes of each association.
§2 The same person can be enrolled in several associations.
§3 In accordance with their own law, members of religious
institutes may, with the consent of their Superior, join associations.
Canon 308 No one who was lawfully admitted is to be dismissed
from an association except for a just reason, in accordance with the law and the
statutes.
Canon 309 Associations that are lawfully established have the
right, in accordance with the law and the statutes, to make particular norms
concerning the association, for the holding of meetings, and for the appointment
of moderators, officials, ministers and administrators of goods.
Canon 310 A private association which has not been
constituted a juridical person cannot, as such, be the subject of duties and
rights. However the faithful who are joined together in it can jointly contract
obligations. As joint owners and joint possessors they can acquire and possess
rights and goods. They can exercise these rights and obligations through a
delegate or a proxy.
Canon 311 Members of institutes of consecrated life who
preside over or assist associations which are joined in some way to their
institute, are to ensure that these associations help the apostolic works
existing in the diocese. They are especially to cooperate, under the direction
of the local Ordinary, with associations which are directed to the exercise of
the apostolate in the diocese.
Canon 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.
Canon 313 A public association or a confederation of public
associations is constituted a juridical person by the very decree by which it is
established by the authority competent in accordance with Canon 312. Moreover,
insofar as is required, it thereby receives its mission to pursue, in the name
of the Church, those ends which it proposes for itself.
Canon 314 The statutes of any public association require the
approval of the authority which, in accordance with Canon 312 §1, is competent
to establish the association; this approval is also required for a revision of,
or a change in, the statutes.
Canon 315 Public associations can, on their own initiative,
undertake projects which are appropriate to their character, and they are
governed by the statutes, but under the overall direction of the ecclesiastical
authority mentioned in Canon 312 §1.
Canon 316 §1 A person who has publicly rejected the Catholic
faith, or has defected from ecclesiastical communion, or upon whom an
excommunication has been imposed or declared, cannot validly be received into
public associations.
§2 Those who have been lawfully enrolled but who fall into
one of the categories mentioned in §1, having been previously warned, are to be
dismissed, in accordance with the statutes of the association, without prejudice
to their right of recourse to the ecclesiastical authority mentioned in Canon
312 §1.
Canon 317 §1 Unless the statutes provide otherwise, it
belongs to the ecclesiastical authority mentioned in Canon 312 §1 to confirm
the moderator of a public association on election, or to appoint the moderator
on presentation, or by his own right to appoint the moderator. The same
authority appoints the chaplain or ecclesiastical assistant, after consulting
the senior officials of the association, wherever this is expedient.
§2 The norm of §1 is also valid for associations which
members of religious institutes, by apostolic privilege, establish outside their
own churches or houses. In associations which members of religious institutes
establish in their own church or house, the appointment or confirmation of the
moderator and chaplain belongs to the Superior of the institute, in accordance
with the statutes.
§3 The laity can be moderators of associations which are not
clerical. The chaplain or ecclesiastical assistant is not to be the moderator,
unless the statutes provide otherwise.
§4 Those who hold an office of direction in political
parties are not to be moderators in public associations of the faithful which
are directly ordered to the exercise of the apostolate.
Canon 318 §1 In special circumstances, when serious reasons
so require the ecclesiastical authority mentioned in Canon 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 Canon. 192--195.
Canon 319 §1 Unless otherwise provided, a lawfully
established public association administers the goods it possesses, in accordance
with the statutes, and under the overall direction of the ecclesiastical
authority mentioned in Canon 312 §1. It must give a yearly account to this
authority.
§2 The association must also faithfully account to the same
authority for the disbursement of contributions and alms which it has collected.
Canon 320 §1 Associations established by the Holy See can be
suppressed only by the Holy See.
§2 For grave reasons, associations established by the
Episcopal Conference can be suppressed by it. The diocesan Bishop can suppress
those he has established, and also those which members of religious institutes
have established by apostolic indult with the consent of the diocesan Bishop.
§3 A public association is not to be suppressed by the
competent authority unless the moderator and other senior officials have been
consulted.
Canon 321 Christ’s faithful direct and moderate private
associations according to the provisions of the statutes.
Canon 322 §1 A private association of Christ’s faithful
can acquire juridical personality by a formal decree of the competent
ecclesiastical authority mentioned in Canon 312.
§2 No private association of Christ’s faithful can acquire
juridical personality unless its statutes are approved by the ecclesiastical
authority mentioned in Canon 312 §1. The approval of the statutes does not,
however, change the private nature of the association.
Canon 323 §1 Although private associations of Christ’s
faithful enjoy their own autonomy in accordance with Canon 321, they are subject
to the supervision of ecclesiastical authority, in accordance with Canon 305,
and also to the governance of the same authority.
§2 It is also the responsibility of ecclesiastical
authority, with due respect for the autonomy of private associations, to oversee
and ensure that there is no dissipation of their forces, and that the exercise
of their apostolate is directed to the common good.
Canon 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 counselor, it can freely choose one for itself from among the
priests who lawfully exercise a ministry in the diocese, but the priest requires
the confirmation of the local Ordinary.
Canon 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 Canon 1301, the association is subject
to the authority of the local Ordinary in whatever concerns the administration
and distribution of goods which are donated or left to it for pious purposes.
Canon 326 §1 A private association of Christ’s faithful is
extinguished in accordance with the norms of the statutes. It can also be
suppressed by the competent authority if its activity gives rise to grave harm
to ecclesiastical teaching or discipline, or is a scandal to the faithful.
§2 The fate of the goods of a private association which
ceases to exist is to be determined in accordance with the statutes, without
prejudice to acquired rights and to the wishes of donors.
Canon 327 Lay members of Christ’s faithful are to hold in
high esteem associations established for the spiritual purposes mentioned in
Canon 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.
Canon 328 Those who head lay associations, even those
established by apostolic privilege, are to ensure that their associations
cooperate with other associations of Christ’s faithful, where this is
expedient. They are to give their help freely to various Christian works,
especially those in the same territory.
Canon 329 Moderators of lay associations are to ensure that
the members receive due formation, so that they may carry out the apostolate
which is proper to the laity.
Canon 330 Just as, by the decree of the Lord, Saint Peter and
the rest of the Apostles form one College, so for a like reason the Roman
Pontiff, the successor of Peter, and the Bishops, the successors of the
Apostles, are united together in one.
Article 1: The Roman Pontiff
Canon 331 The office uniquely committed by the Lord to Peter,
the first of the Apostles, and to be transmitted to his successors, abides in
the Bishop of the Church of Rome. He is the head of the College of Bishops, the
Vicar of Christ, and the Pastor of the universal Church here on earth.
Consequently, by virtue of his office, he has supreme, full, immediate and
universal ordinary power in the Church, and he can always freely exercise this
power.
Canon 332 §1 The Roman Pontiff acquires full and supreme
power in the Church when, together with Episcopal consecration, he has been
lawfully elected and has accepted the election. Accordingly, if he already has
the Episcopal character, he receives this power from the moment he accepts
election to the supreme pontificate. If he does not have the Episcopal
character, he is immediately to be ordained Bishop.
§2 Should it happen that the Roman Pontiff resigns from his
office, it is required for validity that the resignation be freely made and
properly manifested, but it is not necessary that it be accepted by anyone.
Canon 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 judgment
or a decree of the Roman Pontiff.
Canon 334 The Bishops are available to the Roman Pontiff in
the exercise of his office, to cooperate with him in various ways, among which
is the synod of Bishops. Cardinals also assist him, as do other persons and,
according to the needs of the time, various institutes; all these persons and
institutes fulfill their offices in his name and by his authority, for the good
of all the Churches, in accordance with the norms determined by law.
Canon 335 When the Roman See is vacant, or completely
impeded, no innovation is to be made in the governance of the universal Church.
The special laws enacted for these circumstances are to be observed.
Article 2: The College of Bishops
Canon 336 The head of the College of Bishops is the Supreme
Pontiff, and its members are the Bishops by virtue of their sacramental
consecration and hierarchical communion with the head of the College and its
members. This College of Bishops, in which the apostolic body abides in an
unbroken manner, is, in union with its head and never without this head, also
the subject of supreme and full power over the universal Church.
Canon 337 §1 The College of Bishops exercises its power over
the universal Church in solemn form in an Ecumenical Council.
§2 It exercises this same power by the united action of the
Bishops dispersed throughout the world, when this action is as such proclaimed
or freely accepted by the Roman Pontiff, so that it becomes a truly collegial
act.
§3 It belongs to the Roman Pontiff to select and promote,
according to the needs of the Church, ways in which the College of Bishops can
exercise its office in respect of the universal Church in a collegial manner.
Canon 338 §1 It is the prerogative of the Roman Pontiff
alone to summon an Ecumenical Council, to preside over it personally or through
others, to transfer, suspend or dissolve the Council, and to approve its
decrees.
§2 It is also the prerogative of the Roman Pontiff to
determine the matters to be dealt with in the Council, and to establish the
order to be observed. The Fathers of the Council may add other matters to those
proposed by the Roman Pontiff, but these must be approved by the Roman Pontiff .
Canon 339 §1 All Bishops, but only Bishops who are members
of the College of Bishops, have the right and the obligation to be present at an
Ecumenical Council with a deliberative vote.
§2 Some others besides, who do not have the Episcopal
dignity, can be summoned to an Ecumenical Council by the supreme authority in
the Church, to whom it belongs to determine what part they take in the Council.
Canon 340 If the Apostolic See should become vacant during
the celebration of the Council, it is by virtue of the law itself suspended
until the new Supreme Pontiff either orders it to continue or dissolves it.
Canon 341 §1 The decrees of an Ecumenical Council do not
oblige unless they are approved by the Roman Pontiff as well as by the Fathers
of the Council, confirmed by the Roman Pontiff and promulgated by his direction.
§2 If they are to have binding force, the same confirmation
and promulgation is required for decrees which the College of Bishops issues by
truly collegial actions in another manner introduced or freely accepted by the
Roman Pontiff.
Canon 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 defense 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.
Canon 343 The function of the synod of Bishops is to discuss
the matters proposed to it and set forth recommendations. It is not its function
to settle matters or to draw up decrees, unless the Roman Pontiff has given it
deliberative power in certain cases; in this event, it rests with the Roman
Pontiff to ratify the decisions of the synod.
Canon 344 The synod of Bishops is directly under the
authority of the Roman Pontiff, whose prerogative it is:
1° to convene the synod, as often as this seems opportune to
him, and to designate the place where the meetings are to be held
2° to ratify the election of those who, in accordance with
the special law of the synod, are to be elected, and to designate and appoint
other members;
3° at a suitable time before the celebration of the synod,
to prescribe the outlines of the questions to be discussed, in accordance with
the special law;
4° to determine the agenda;
5° to preside over the synod personally or through others;
6° to conclude, transfer, suspend or dissolve the synod.
Canon 345 The synod of Bishops can meet in general assembly,
in which matters are dealt with which directly concern the good of the universal
Church; such an assembly is either ordinary or extraordinary. It can also meet
in special assembly, to deal with matters directly affecting a determined region
or regions.
Canon 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.
Canon 347 §1 When the meeting of the synod of Bishops is
concluded by the Roman Pontiff, the function entrusted in it to the Bishops and
other members ceases.
§2 If the Apostolic See becomes vacant after the synod has
been convened or during its celebration, the meeting of the synod, and the
function entrusted in it to the members, is by virtue of the law itself
suspended, until the new Pontiff decrees either that the assembly is to be
dissolved or that it is to continue.
Canon 348 §1 There is to be a permanent general secretariat
of the synod, presided over by a Secretary general appointed by the Roman
Pontiff. The Secretary is to have the assistance of a council of the
secretariat, composed of Bishops, some elected by the synod of Bishops itself in
accordance with the special law, others appointed by the Roman Pontiff. The
function of all these persons ceases with the beginning of a new general
assembly.
§2 For each assembly of the synod of Bishops there are one
or more special secretaries, who are appointed by the Roman Pontiff. They remain
in office only until the end of the synod assembly.
Canon 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.
Canon 350 §1 The College of Cardinals is divided into three
orders: the Episcopal order, to which belong those Cardinals to whom the Roman
Pontiff assigns the title of a suburbicarian Church, and eastern-rite Patriarchs
who are made members of the College of Cardinals; the presbyteral order, and the
diaconal order.
§2 Cardinal priests and Cardinal deacons are each assigned a
title or a deaconry in Rome by the Roman Pontiff.
§3 Eastern Patriarchs within the College of Cardinals have
their patriarchal see as a title.
§4 The Cardinal Dean has the title of the diocese of Ostia,
together with that of any other Church to which he already has a title.
§5 By a choice made in Consistory and approved by the
Supreme Pontiff, Cardinal priests may transfer to another title; Cardinal
deacons may transfer to another deaconry and, if they have been a full ten years
in the diaconal order, to the presbyteral order: priority of order and of
promotion is to be observed.
§6 A Cardinal who by choice transfers from the diaconal to
the presbyteral order, takes precedence over all Cardinal priests who were
promoted to the Cardinalate after him.
Canon 351 §1 Those to be promoted Cardinals are men freely
selected by the Roman Pontiff, who are at least in the order of priesthood and
are truly outstanding in doctrine, virtue, piety and prudence in practical
matters; those who are not already Bishops must receive Episcopal consecration.
§2 Cardinals are created by decree of the Roman Pontiff,
which in fact is published in the presence of the College of Cardinals. From the
moment of publication, they are bound by the obligations and they enjoy the
rights defined in the law.
§3 A person promoted to the dignity of Cardinal, whose
creation the Roman Pontiff announces, but whose name he reserves in petto, is
not at that time bound by the obligations nor does he enjoy the rights of a
Cardinal. When his name is published by the Roman Pontiff, however, he is bound
by these obligations and enjoys these rights, but his right of precedence dates
from the day of the reservation in petto.
Canon 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.
Canon 353 §1 Cardinals assist the Supreme Pastor of the
Church in collegial fashion particularly in Consistories, in which they are
gathered by order of the Roman Pontiff and under his presidency. Consistories
are either ordinary or extraordinary.
§2 In an ordinary Consistory all Cardinals, or at least
those who are in Rome, are summoned for consultation on certain grave matters of
more frequent occurrence, or for the performance of especially solemn acts.
§3 All Cardinals are summoned to an extraordinary
Consistory, which takes place when the special needs of the Church and more
serious matters suggest it.
§4 Only an ordinary Consistory in which certain solemnities
are celebrated, can be public, that is when, in addition to the Cardinals,
Prelates, representatives of civil states and other invited persons are
admitted.
Canon 354 Cardinals who head the departments and other
permanent sections of the Roman Curia and of Vatican City, who have completed
their seventy-fifth year, are requested to offer their resignation from office
to the Roman Pontiff, who will consider all the circumstances and make provision
accordingly.
Canon 355 §1 It belongs to the Cardinal Dean to ordain the
elected Roman Pontiff a Bishop, if he is not already ordained. If the Dean is
prevented from doing so, the same right belongs to the sub-Dean or, if he is
prevented, to the senior Cardinal of the Episcopal order.
§2 The senior Cardinal Deacon announces the name of the
newly elected Supreme Pontiff to the people. Acting in place of the Roman
Pontiff, he also confers the pallium on metropolitan Bishops or gives the
pallium to their proxies.
Canon 356 Cardinals have the obligation of cooperating
closely with the Roman Pontiff. For this reason, Cardinals who have any office
in the Curia and are not diocesan Bishops, are obliged to reside in Rome.
Cardinals who are in charge of a diocese as diocesan Bishops, are to go to Rome
whenever summoned by the Roman Pontiff.
Canon 357 §1 When a Cardinal has taken possession of a
suburbicarian Church or of a titular Church in Rome, he is to further the good
of the diocese or church by counsel and patronage. However, he has no power of
governance over it, and he should not for any reason interfere in matters
concerning the administration of its goods, or its discipline, or the service of
the church.
§2 Cardinals living outside Rome and outside their own
diocese, are exempt in what concerns their person from the power of governance
of the Bishop of the diocese in which they are residing.
Canon 358 A Cardinal may be deputed by the Roman Pontiff to
represent him in some solemn celebration or assembly of persons as a ‘Legatus
a latere’, that is, as his alter ego; or he may, as a special emissary, be
entrusted with a particular pastoral task. A Cardinal thus nominated is entitled
to deal only with those affairs which have been entrusted to him by the Roman
Pontiff himself.
Canon 359 When the Apostolic See is vacant, the College of
Cardinals has only that power in the Church which is granted to it by special
law.
Canon 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.
Canon 361 In this Code the terms Apostolic See or Holy See
mean not only the Roman Pontiff, but also, unless the contrary is clear from the
nature of things or from the context, the Secretariat of State, the Council for
the public affairs of the Church, and the other Institutes of the Roman Curia.
Canon 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.
Canon 363 §1 To Legates of the Roman Pontiff is entrusted
the office of representing in a stable manner the person of the Roman Pontiff in
the particular Churches, or also in the States and public Authorities, to whom
they are sent.
§2 Those also represent the Apostolic See who are appointed
to pontifical Missions as Delegates or Observers at international Councils or at
Conferences and Meetings.
Canon 364 The principal task of a Papal Legate is continually
to make more firm and effective the bonds of unity which exist between the Holy
See and the particular Churches. Within the territory assigned to him, it is
therefore the responsibility of a Legate:
1° to inform the Apostolic See about the conditions in which
the particular Churches find themselves, as well as about all matters which
affect the life of the Church and the good of souls;
2° to assist the Bishops by action and advice, while leaving
intact the exercise of their lawful power;
3° to foster close relations with the Episcopal Conference,
offering it every assistance;
4° in connection with the appointment of Bishops, to send or
propose names of candidates to the Apostolic See, as well as to prepare the
informative process about those who may be promoted, in accordance with the
norms issued by the Apostolic See;
5° to take pains to promote whatever may contribute to
peace, progress and the united efforts of peoples;
6° to work with the Bishops to foster appropriate exchanges
between the Catholic Church and other Churches or ecclesial communities, and
indeed with non-Christian religions;
7° to work with the Bishops to safeguard, so far as the
rulers of the State are concerned, those things which relate to the mission of
the Church and of the Apostolic See;
8° to exercise the faculties and carry out the other
instructions which are given to him by the Apostolic See.
Canon 365 §1 A papal Legate who at the same time acts as
envoy to the State according to international law, has in addition the special
role:
1° of promoting and fostering relationships between the
Apostolic See and the Authorities of the State;
2° of dealing with questions concerning relations between
Church and State, especially, of drawing up concordats and other similar
agreements, and giving effect to them.
§2 As circumstances suggest, in the matters mentioned in
§1, the papal Legate is not to omit to seek the opinion and counsel of the
Bishops of the ecclesiastical jurisdiction and to keep them informed of the
course of events.
Canon 366 Given the special nature of a Legate’s role:
1° the papal Legation is exempt from the power of governance
of the local Ordinary, except for the celebration of marriages;
2° the papal Legate has the right to perform liturgical
celebrations, even in pontificalia, in all churches of the territory of his
legation; as far as it is possible, he is to give prior notice to the local
Ordinary.
Canon 367 The office of papal Legate does not cease when the
Apostolic See is vacant, unless otherwise specified in the pontifical Letters-
it does cease, however, on the expiry of the mandate, on receipt by him of
notification of recall, and on acceptance of his resignation by the Roman
Pontiff.
Canon 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.
Canon 369 A diocese is a portion of the people of God, which
is entrusted to a Bishop to be nurtured by him, with the cooperation of the
presbyterium, in such a way that, remaining close to its pastor and gathered by
him through the Gospel and the Eucharist in the Holy Spirit, it constitutes a
particular Church. In this Church, the one, holy, Catholic and apostolic Church
of Christ truly exists and functions.
Canon 370 A territorial prelature or abbacy is a certain
portion of the people of God, territorially defined, the care of which is for
special reasons entrusted to a Prelate or an Abbot, who governs it, in the
manner of a diocesan Bishop, as its proper pastor.
Canon 371 §1 A vicariate apostolic or a prefecture apostolic
is a certain portion of the people of God, which for special reasons is not yet
constituted a diocese, and which is entrusted to the pastoral care of a Vicar
apostolic or a Prefect apostolic, who governs it in the name of the Supreme
Pontiff.
§2 An apostolic administration is a certain portion of the
people of God which, for special and particularly serious reasons, is not yet
established by the Supreme Pontiff as a diocese, and whose pastoral care is
entrusted to an apostolic Administrator, who governs it in the name of the
Supreme Pontiff.
Canon 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 judgment of the supreme authority in
the Church, after consultation with the Episcopal Conferences concerned, it is
thought to be helpful, there may be established in a given territory particular
Churches distinguished by the rite of the faithful or by some other similar
quality.
Canon 373 It is within the competence of the supreme
authority alone to establish particular Churches; once they are lawfully
established, the law itself gives them juridical personality.
Canon 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 neighboring parishes can be joined together in special groups, such as
vicariates forane.
Article 1: Bishops in General
Canon 375 §1 By divine institution, Bishops succeed the
Apostles through the Holy Spirit who is given to them. They are constituted
Pastors in the Church, to be the teachers of doctrine, the priests of sacred
worship and the ministers of governance.
§2 By their Episcopal consecration, Bishops receive,
together with the office of sanctifying, the offices also of teaching and of
ruling, which however, by their nature, can be exercised only in hierarchical
communion with the head of the College and its members.
Canon 376 Bishops to whom the care of a given diocese is
entrusted are called diocesan Bishops; the others are called titular Bishops.
Canon 377 §1 The Supreme Pontiff freely appoints Bishops or
confirms those lawfully elected.
§2 At least every three years, the Bishops of an
ecclesiastical province or, if circumstances suggest it, of an Episcopal
Conference, are to draw up, by common accord and in secret, a list of priests,
even of members of institutes of consecrated life, who are suitable for the
episcopate; they are to send this list to the Apostolic See. This is without
prejudice to the right of every Bishop individually to make known to the
Apostolic See the names of priests whom he thinks are worthy and suitable for
the Episcopal office.
§3 Unless it has been lawfully prescribed otherwise, for the
appointment of a diocesan Bishop or a coadjutor Bishop, a ternus, as it is
called, is to be proposed to the Apostolic See. In the preparation of this list,
it is the responsibility of the papal Legate to seek individually the
suggestions of the Metropolitan and of the Suffragans of the province to which
the diocese in question belongs or with which it is joined in some grouping, as
well as the suggestions of the president of the Episcopal Conference. The papal
Legate is, moreover, to hear the views of some members of the college of
consultors and of the cathedral chapter. If he judges it expedient, he is also
to seek individually, and in secret, the opinions of other clerics, both secular
and religious, and of lay persons of outstanding wisdom. He is then to send
these suggestions, together with his own opinion, to the Apostolic See.
§4 Unless it has been lawfully provided otherwise, the
diocesan Bishop who judges that his diocese requires an auxiliary Bishop, is to
propose to the Apostolic See a list of the names of at least three priests
suitable for this office .
§5 For the future, no rights or privileges of election,
appointment, presentation or designation of Bishops are conceded to civil
authorities.
Canon 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 fulfill 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 judgment on the suitability of the person
to be promoted rests with the Apostolic See.
Canon 379 Unless prevented by a lawful reason, one who is
promoted to the episcopate must receive Episcopal consecration within three
months of receiving the apostolic letters, and in fact before he takes
possession of his office.
Canon 380 Before taking canonical possession of his office,
he who has been promoted is to make the profession of faith and take the oath of
fidelity to the Apostolic See, in accordance with the formula approved by the
same Apostolic See.
Article 2: Diocesan Bishops
Canon 381 §1 In the diocese entrusted to his care, the
diocesan Bishop has all the ordinary, proper and immediate power required for
the exercise of his pastoral office, except in those matters which the law or a
decree of the Supreme Pontiff reserves to the supreme or to some other
ecclesiastical authority.
§2 Those who are at the head of the other communities of the
faithful mentioned in Canon 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.
Canon 382 §1 A person who is promoted to the episcopate
cannot become involved in the exercise of the office entrusted to him before he
has taken canonical possession of the diocese. However, he is able to exercise
offices which he already held in the same diocese at the time of his promotion,
without prejudice to Canon 409 §2.
§2 Unless he is lawfully impeded, one who is not already
consecrated a Bishop and is now promoted to the office of diocesan Bishop, must
take canonical possession of his diocese within four months of receiving the
apostolic letters. If he is already consecrated, he must take possession within
two months of receiving the apostolic letters.
§3 A Bishop takes canonical possession of his diocese when,
personally or by proxy, he shows the apostolic letters to the college of
consultors, in the presence of the chancellor of the curia, who makes a record
of the fact. This must take place within the diocese. In dioceses which are
newly established he takes possession when he communicates the same letters to
the clergy and the people in the cathedral church, with the senior of the
priests present making a record of the fact.
§4 It is strongly recommended that the taking of canonical
possession be performed with a liturgical act in the cathedral church, in the
presence of the clergy and the people.
Canon 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-baptized as commended to him in
the Lord, so that the charity of Christ, of which the Bishop must be a witness
to all, may shine also on them.
Canon 384 He is to have a special concern for the priests, to
whom he is to listen as his helpers and counselors. He is to defend their rights
and ensure that they fulfill the obligations proper to their state. He is to see
that they have the means and the institutions needed for the development of
their spiritual and intellectual life. He is to ensure that they are provided
with adequate means of livelihood and social welfare, in accordance with the
law.
Canon 385 He must in a very special way foster vocations to
the various ministries and to consecrated life, having a special care for
priestly and missionary vocations.
Canon 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 behavior. He is himself to preach frequently. He is also to ensure
that the provisions of the Canons on the ministry of the word, especially on the
homily and catechetical instruction, are faithfully observed, so that the whole
of Christian teaching is transmitted to all.
§2 By whatever means seem most appropriate, he is firmly to
defend the integrity and unity of the faith to be believed. However, he is to
acknowledge a just freedom in the further investigation of truths.
Canon 387 Mindful that he is bound to give an example of
holiness, charity, humility and simplicity of life, the diocesan Bishop is to
seek in every way to promote the holiness of Christ’s faithful according to
the special vocation of each. Since he is the principal dispenser of the
mysteries of God, he is to strive constantly that Christ’s faithful entrusted
to his care may grow in grace through the celebration of the sacraments, and may
know and live the paschal mystery.
Canon 388 §1 After he has taken possession of the diocese,
the diocesan Bishop must apply the Mass for the people entrusted to him on each
Sunday and on each holyday of obligation in his region.
§2 The Bishop must himself celebrate and apply the Mass for
the people on the days mentioned in §1; if, however, he is lawfully impeded
from so doing, he is to have someone else do so on those days, or do so himself
on other days.
§3 A Bishop who, in addition to his own, is given another
diocese, even as administrator, satisfies the obligation by applying one Mass
for all the people entrusted to him.
§4 A Bishop who has not satisfied the obligation mentioned
in §§1-3, is to apply as soon as possible as many Masses for the people as he
has omitted.
Canon 389 He is frequently to preside at the Eucharistic
celebration in the cathedral church or in some other church of his diocese,
especially on holydays of obligation and on other solemnities.
Canon 390 The diocesan Bishop may use pontificalia throughout
his diocese. He may not do so outside his diocese without the consent of the
local Ordinary, either expressly given or at least reasonably presumed.
Canon 391 §1 The diocesan Bishop governs the particular
Church entrusted to him with legislative, executive and judicial power, in
accordance with the law.
§2 The Bishop exercises legislative power himself. He
exercises executive power either personally or through Vicars general or
Episcopal Vicars, in accordance with the law. He exercises judicial power either
personally or through a judicial Vicar and judges, in accordance with the law.
Canon 392 §1 Since the Bishop must defend the unity of the
universal Church, he is bound to foster the discipline which is common to the
whole Church, and so press for the observance of all ecclesiastical laws.
§2 He is to ensure that abuses do not creep into
ecclesiastical discipline, especially concerning the ministry of the word, the
celebration of the sacraments and sacramentals, the worship of God and the cult
of the saints, and the administration of goods.
Canon 393 In all juridical transactions of the diocese, the
diocesan Bishop acts in the person of the diocese.
Canon 394 §1 The Bishop is to foster various forms of the
apostolate in his diocese and is to ensure that throughout the entire diocese,
or in its particular districts, all works of the apostolate are coordinated
under his direction, with due regard for the character of each apostolate.
§2 He is to insist on the faithful’s obligation to
exercise the apostolate according to the condition and talents of each. He is to
urge them to take part in or assist various works of the apostolate, according
to the needs of place and time.
Canon 395 §1 The diocesan Bishop is bound by the law of
personal residence in his diocese, even if he has a coadjutor or auxiliary
Bishop.
§2 Apart from the visit ‘ad limina’, attendance at
councils or at the synod of Bishops or at the Episcopal Conference, at which he
must be present, or by reason of another office lawfully entrusted to him, he
may be absent from the diocese, for a just reason, for not longer than one
month, continuously or otherwise, provided he ensures that the diocese is not
harmed by this absence.
§3 He is not to be absent from his diocese on Christmas Day,
during Holy Week, or on Easter Sunday, Pentecost and Corpus Christi, except for
a grave and urgent reason.
§4 If the Bishop is unlawfully absent from the diocese for
more than six months, the Metropolitan is to notify the Holy See. If it is the
Metropolitan who is absent, the senior suffragan is to do the same.
Canon 396 §1 The Bishop is bound to visit his diocese in
whole or in part each year, so that at least every five years he will have
visited the whole diocese, either personally or, if he is lawfully impeded,
through the coadjutor or auxiliary Bishop, the Vicar general, an Episcopal Vicar
or some other priest.
§2 The Bishop has a right to select any clerics he wishes as
his companions and helpers in a visitation, any contrary privilege or custom
being reprobated.
Canon 397 §1 Persons, Catholic institutes, pious objects and
places within the boundaries of the diocese, are subject to ordinary Episcopal
visitation.
§2 The Bishop may visit the members of religious institutes
of pontifical right and their houses only in the cases stated in the law.
Canon 398 The Bishop is to endeavor to make his pastoral
visitation with due diligence. He is to ensure that he is not a burden to anyone
on the ground of undue expense.
Canon 399 §1 Every five years the diocesan Bishop is bound
to submit to the Supreme Pontiff a report on the state of the diocese entrusted
to him, in the form and at the time determined by the Apostolic See.
§2 If the year assigned for submitting this report coincides
in whole or in part with the first two years of his governance of the diocese,
for that occasion the Bishop need not draw up and submit the report.
Canon 400 §1 Unless the Apostolic See has decided otherwise,
in the year in which he is bound to submit the report to the Supreme Pontiff,
the diocesan Bishop is to go to Rome to venerate the tombs of the Blessed
Apostles Peter and Paul, and to present himself to the Roman Pontiff.
§2 The Bishop is to satisfy this obligation personally,
unless he is lawfully impeded; in which case he is to satisfy the obligation
through the coadjutor, if he has one, or the auxiliary, or a suitable priest of
his presbyterium who resides in his diocese.
§3 A Vicar apostolic can satisfy this obligation through a
proxy, even through one residing in Rome. A Prefect apostolic is not bound by
this obligation.
Canon 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 fulfillment of his office, is
earnestly requested to offer his resignation from office.
Canon 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
Canon 403 §1 When the pastoral needs of the diocese require
it, one or more auxiliary Bishops are to be appointed at the request of the
diocesan Bishop. An auxiliary Bishop does not have the right of succession.
§2 In more serious circumstances, even of a personal nature,
the diocesan Bishop may be given an auxiliary Bishop with special faculties.
§3 If the Holy See considers it more opportune, it can ex
officio appoint a coadjutor Bishop, who also has special faculties. A coadjutor
Bishop has the right of succession.
Canon 404 §1 The coadjutor Bishop takes possession of his
office when, either personally or by proxy, he shows the apostolic letters of
appointment to the diocesan Bishop and the college of consultors, in the
presence of the chancellor of the curia, who makes a record of the fact.
§2 An auxiliary Bishop takes possession of his office when
he shows his apostolic letters of appointment to the diocesan Bishop, in the
presence of the chancellor of the curia, who makes a record of the fact.
§3 If the diocesan Bishop is wholly impeded, it is
sufficient that either the coadjutor Bishop or the auxiliary Bishop show their
apostolic letters of appointment to the college of consultors, in the presence
of the chancellor of the curia.
Canon 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 Canon 403 §2, assists the diocesan Bishop in the entire governance of the
diocese, and takes his place when he is absent or impeded.
Canon 406 §1 The coadjutor Bishop, and likewise the
auxiliary Bishop mentioned in Canon 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 Canon 403 §2.
Canon 407 §1 For the greatest present and future good of the
diocese, the diocesan Bishop, the coadjutor and the auxiliary Bishop mentioned
in Canon 403 §2, are to consult with each other on matters of greater
importance.
§2 In assessing matters of greater importance, particularly
those of a pastoral nature, the diocesan Bishop is to consult the auxiliary
Bishop before all others.
§3 The coadjutor Bishop and the auxiliary Bishop, since they
are called to share in the cares of the diocesan Bishop, should so exercise
their office that they act and think in accord with him.
Canon 408 §1 As often as they are requested to do so by the
diocesan Bishop, a coadjutor Bishop and an auxiliary Bishop who are not lawfully
impeded, are obliged to perform those pontifical and other functions to which
the diocesan Bishop is bound.
§2 Those Episcopal rights and functions which the coadjutor
can exercise are not habitually to be entrusted to another by the diocesan
Bishop.
Canon 409 §1 When the Episcopal see falls vacant, the
coadjutor immediately becomes the Bishop of the diocese for which he was
appointed, provided he has lawfully taken possession.
§2 Unless the competent authority has provided otherwise,
when the Episcopal see is vacant and until the new Bishop takes possession of
the see, the auxiliary Bishop retains all and only those powers and faculties
which he had as Vicar general or as Episcopal Vicar when the see was occupied.
If he is not appointed to the office of diocesan Administrator, he is to
exercise this same power of his, conferred by the law, under the authority of
the diocesan Administrator, who governs the diocese.
Canon 410 The coadjutor Bishop and the auxiliary Bishop are
bound, like the diocesan Bishop, to reside in the diocese. Other than for the
fulfillment of some duty outside the diocese, or for holidays, which are not to
be longer than one month, they may not be away from the diocese except for a
brief period.
Canon 411 The provisions of Canon. 401 and 402 §2,
concerning resignation from office, apply also to a coadjutor and an auxiliary
Bishop.
Article 1: The Impeded See
Canon 412 The Episcopal see is understood to be impeded if
the diocesan
Bishop is completely prevented from exercising the pastoral
office in the diocese by reason of imprisonment, banishment, exile or
incapacity, so that he is unable to communicate, even by letter, with the people
of his diocese.
Canon 413 §1 Unless the Holy See has provided otherwise,
when a see is impeded, the governance of the diocese devolves on the coadjutor
Bishop, if there is one. If there is no coadjutor, or if he is impeded, it
devolves upon the auxiliary Bishop, or the Vicar general, or the Episcopal
Vicar, or another priest: the order of persons to be followed is to be that
determined in the list which the diocesan Bishop is to draw up as soon as
possible after taking possession of his diocese. This list, which is to be
communicated to the Metropolitan, is to be revised at least every three years,
and kept under secrecy by the chancellor.
§2 If there is no coadjutor Bishop or if he is impeded, and
the list mentioned in §1 is not at hand, it is the responsibility of the
college of consultors to elect a priest who will govern the diocese.
§3 The person who undertakes the governance of the diocese
according to the norms of §§1 or 2, is to notify the Holy See as soon as
possible that the see is impeded and that he has undertaken the office.
Canon 414 Whoever is called, in accordance with Canon 413, to
exercise the pastoral care of the diocese for the time being, that is, only for
the period during which the see is impeded, is in his pastoral care of the
diocese bound by the obligations, and has the power, which by law belong to the
diocesan Administrator.
Canon 415 If the diocesan Bishop is prohibited from
exercising his office by reason of an ecclesiastical penalty, the Metropolitan
is to refer the matter at once to the Holy See, so that it may make provision;
if there is no Metropolitan, or if he is the one affected by the penalty, it is
the suffragan senior by promotion who is to refer the matter.
Article 2: The Vacant See
Canon 416 The Episcopal see becomes vacant by the death of
the diocesan Bishop, by his resignation accepted by the Holy See, by transfer,
or by deprivation notified to the Bishop.
Canon 417 Until they have received certain notification of
the Bishop’s death, all actions taken by the Vicar general or the Episcopal
Vicar have effect. Until they have received certain notification of the
aforementioned papal acts, the same is true of actions taken by the diocesan
Bishop, the Vicar general or the Episcopal Vicar.
Canon 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 Canon 409 §2;
2° receives the full remuneration proper to the office.
Canon 419 While the see is vacant and until the appointment
of a diocesan Administrator, the governance of the diocese devolves upon the
auxiliary Bishop. If there are a number of auxiliary Bishops, it devolves upon
the senior by promotion. If there is no auxiliary Bishop, it devolves upon the
college of consultors, unless the Holy See has provided otherwise. The one who
thus assumes the governance of the diocese must without delay convene the
college which is competent to appoint a diocesan Administrator.
Canon 420 Unless the Holy See has prescribed otherwise, when
the see is vacant in a vicariate or a prefecture apostolic, the governance is
assumed by the Pro-Vicar or Pro-Prefect who was designated for this sole purpose
by the Vicar or Prefect immediately upon taking possession.
Canon 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 Canon 502 §3.
§2 If, for any reason, the diocesan Administrator is not
lawfully elected within the prescribed time, his appointment devolves upon the
Metropolitan. If the metropolitan see is itself vacant, or if both the
metropolitan see and a suffragan see are vacant, the appointment devolves on the
suffragan who is senior by promotion.
Canon 422 The auxiliary Bishop or, if there is none, the
college of consultors, must as soon as possible notify the Apostolic See of the
death of the Bishop. The person elected as diocesan Administrator must as soon
as possible notify the Apostolic See of his election.
Canon 423 §1 Only one diocesan Administrator is to be
appointed, contrary customs being reprobated; otherwise the election is invalid.
§2 The diocesan Administrator is not to be at the same time
the financial administrator. Accordingly, if the financial administrator of the
diocese is elected Administrator, the finance committee is to elect another
temporary financial administrator.
Canon 424 The diocesan Administrator is to be elected
according to the norms of Canon. 165-178.
Canon 425 §1 Only a priest who has completed his
thirty-fifth year of age, and has not already been elected, appointed or
presented for the same see, can validly be deputed to the office of diocesan
Administrator.
§2 As diocesan Administrator a priest is to be elected who
is outstanding for doctrine and prudence.
§3 If the conditions prescribed in §1 have not been
observed, the Metropolitan or, if the metropolitan see itself is vacant, the
suffragan senior by promotion, having verified the truth of the matter, is to
appoint an Administrator for that occasion. The acts of a person elected
contrary to the provisions of §1 are by virtue of the law itself invalid.
Canon 426 Whoever governs the diocese before the appointment
of the diocesan Administrator, has the power which the law gives to a Vicar
general.
Canon 427 §1 The diocesan Administrator is bound by the
obligations and enjoys the power of a diocesan Bishop, excluding those matters
which are excepted by the nature of things or by the law itself.
§2 The diocesan Administrator obtains his power on his
acceptance of the election, without the need of confirmation from anyone, but
without prejudice to the provision of Canon 833, n. 4.
Canon 428 §1 While the see is vacant, no innovation is to be
made.
§2 Those who have the interim governance of the diocese are
forbidden to do anything which could in any way prejudice the rights of the
diocese or of the Bishop. Both they, and in like manner any other persons, are
specifically forbidden to remove, destroy or in any way alter documents of the
diocesan curia, either personally or through another.
Canon 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 Canon 388.
Canon 430 §1 The office of the diocesan Administrator ceases
when the new Bishop takes possession of the diocese.
§2 Removal of the diocesan Administrator is reserved to the
Holy See. Should he perchance resign, the resignation is to be submitted in
authentic form to the college which is competent to elect, but it does not
require acceptance by the college. If the diocesan Administrator is removed,
resigns or dies, another diocesan Administrator is to be elected in accordance
with Canon 421.
Canon 431 Neighboring 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 neighboring 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.
Canon 432 §1 The provincial council and the Metropolitan
have authority over the ecclesiastical province, in accordance with the law.
§2 By virtue of the law, an ecclesiastical province has
juridical personality.
Canon 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 neighboring provinces
into ecclesiastical regions.
§2 An ecclesiastical region can be constituted a juridical
person.
Canon 434 It is for a meeting of the Bishops of an
ecclesiastical region to foster cooperation and common pastoral action in the
region. However the powers given to Episcopal Conferences in the Canons of this
Code do not belong to such a meeting, unless some of these powers have been
specially granted to it by the Holy See.
Canon 435 An ecclesiastical province is presided over by a
Metropolitan, who is Archbishop in his own diocese. The office of Metropolitan
is linked to an Episcopal see, determined or approved by the Roman Pontiff.
Canon 436 §1 Within the suffragan dioceses, the Metropolitan
is competent:
1° to see that faith and ecclesiastical discipline are
carefully observed and to notify the Roman Pontiff if there be any abuses;
2° for a reason approved beforehand by the Apostolic See, to
conduct a canonical visitation if the suffragan Bishop has neglected it;
3° to appoint a diocesan Administrator in accordance with
Canon. 421 §2 and 425 §3.
§2 Where circumstances require it, the Apostolic See can
give the Metropolitan special functions and power, to be determined in
particular law.
§3 The Metropolitan has no other power of governance over
suffragan dioceses. He can, however, celebrate sacred functions in all churches
as if he were a Bishop in his own diocese, provided, if it is the cathedral
church, the diocesan Bishop has been previously notified.
Canon 437 §1 The Metropolitan is obliged to request the
pallium from the Roman Pontiff, either personally or by proxy, within three
months of his Episcopal consecration or, if he has already been consecrated, of
his canonical appointment. The pallium signifies the power which, in communion
with the Roman Church, the Metropolitan possesses by law in his own province.
§2 The Metropolitan can wear the pallium, in accordance with
the liturgical laws, in any church of the ecclesiastical province over which he
presides, but not outside the province, not even with the assent of the diocesan
Bishop.
§3 If the Metropolitan is transferred to another
metropolitan see, he requires a new pallium.
Canon 438 The title of Patriarch or Primate gives a
prerogative of honor, but in the Latin Church does not carry with it any power
of governance, except in certain matters where an apostolic privilege or
approved custom establishes otherwise.
Canon 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.
Canon 440 §1 A provincial council, for the various
particular Churches of the same ecclesiastical province, is celebrated as often
as, in the judgment of the majority of the diocesan Bishops of the province, it
is considered opportune, without prejudice to Canon 439 §2.
§2 A provincial council may not be called while the
metropolitan see is vacant.
Canon 441 It is the responsibility of the Episcopal
Conference:
1° to convene a plenary council;
2° to choose a place within the territory of the Episcopal
Conference for the celebration of the council;
3° to elect from among the diocesan Bishops a president of
the plenary council, who is to be approved by the Apostolic See;
4° to determine the order of business and the matters to be
considered, to announce when the plenary council is to begin and how long it is
to last, and to transfer, prorogue and dissolve it.
Canon 442 §1 It is the responsibility of the Metropolitan,
with the consent of the majority of the suffragan Bishops:
1° to convene a provincial council
2° to choose a place within the territory of the province
for the celebration of the provincial council;
3° to determine the order of business and the matters to be
considered, to announce when the provincial council is to begin and how long it
is to last, and to transfer, prorogue and dissolve it.
§2 It is the prerogative of the Metropolitan to preside over
the provincial council. If he is lawfully impeded from doing so, it is the
prerogative of a suffragan Bishop elected by the other suffragan Bishops.
Canon 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 center in the territory;
3° the rectors of ecclesiastical and Catholic universities
which have a center in the territory, together with the deans of their faculties
of theology and Canon law;
4° some rectors of major seminaries, their number being
determined as in no. 2; they are to be elected by the rectors of seminaries
situated in the territory.
§4 Priests and others of Christ’s faithful may also be
invited to particular councils, but have only a consultative vote; their number
is not to exceed half of those mentioned in 1-3.
§5 The cathedral chapter, the council of priests and the
pastoral council of each particular Church are to be invited to provincial
councils, but in such a way that each is to send two members, designated in a
collegial manner. They have only a consultative vote.
§6 Others may be invited to particular councils as guests,
if this is judged expedient by the Episcopal Conference for a plenary council,
or by the Metropolitan with the suffragan Bishops for a provincial council.
Canon 444 §1 All who are summoned to particular councils
must attend, unless they are prevented by a just impediment, of whose existence
they are obliged to notify the president of the council.
§2 Those who are summoned to a particular council in which
they have a deliberative vote, but who are prevented from attending because of a
just impediment, can send a proxy. The proxy, however, has only a consultative
vote.
Canon 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 defense
of a common ecclesiastical discipline.
Canon 446 When a particular council has concluded, the
president is to ensure that all the acts of the council are sent to the
Apostolic See. The decrees drawn up by the council are not to be promulgated
until they have been reviewed by the Apostolic See. The council has the
responsibility of defining the manner in which the decrees will be promulgated
and the time when the promulgated decrees will begin to oblige.
Canon 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.
Canon 448 §1 As a general rule, the Episcopal Conference
includes those who preside over all the particular Churches of the same country,
in accordance with Canon 450.
§2 An Episcopal Conference can, however, be established for
a territory of greater or less extent if the Apostolic See, after consultation
with the diocesan Bishops concerned, judges that circumstances suggest this.
Such a Conference would include only the Bishops of some particular Churches in
a certain territory, or those who preside over particular Churches in different
countries. It is for the Apostolic See to lay down special norms for each case.
Canon 449 §1 It is for the supreme authority of the Church
alone, after consultation with the Bishops concerned, to establish, suppress, or
alter Episcopal Conferences.
§2 An Episcopal Conference lawfully established has
juridical personality by virtue of the law itself.
Canon 450 §1 By virtue of the law, the following persons in
the territory belong to the Episcopal Conference: all diocesan Bishops and those
equivalent to them in law; all coadjutor Bishops, auxiliary Bishops and other
titular Bishops who exercise in the territory a special office assigned to them
by the Apostolic See or by the Episcopal Conference. Ordinaries of another rite
may be invited, but have only a consultative vote, unless the statutes of the
Episcopal Conference decree otherwise.
§2 The other titular Bishops and the Legate of the Roman
Pontiff are not by law members of the Episcopal Conference.
Canon 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 judgment of the Conference, its purpose can more effectively be achieved.
Canon 452 §1 Each Episcopal Conference is to elect its
president and determine who, in the lawful absence of the president, will
exercise the function of vice-president. It is also to designate a general
secretary, in accordance with the statutes.
§2 The president of the Conference or, when he is lawfully
impeded, the vice-president, presides not only over the general meetings of the
Conference but also over the permanent committee.
Canon 453 Plenary meetings of the Episcopal Conference are to
be held at least once a year, and moreover as often as special circumstances
require, in accordance with the provisions of the statutes.
Canon 454 §1 By virtue of the law diocesan Bishops, those
equivalent to them in law and coadjutor Bishops have a deliberative vote in
plenary meetings of the Episcopal Conference.
§2 Auxiliary Bishops and other titular Bishops who belong to
the Episcopal Conference have a deliberative or consultative vote according to
the provisions of the statutes of the Conference. Only those mentioned in §1,
however, have a deliberative vote in the making or changing of the statutes.
Canon 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.
Canon 456 When a plenary meeting of the Episcopal Conference
has been concluded, its minutes are to be sent by the president to the Apostolic
See for information, and its decrees, if any, for review.
Canon 457 The permanent committee of Bishops is to prepare
the agenda for the plenary meetings of the Conference, and it is to ensure that
the decisions taken at those meetings are duly executed. It is also to conduct
whatever other business is entrusted to it in accordance with the statutes.
Canon 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 neighboring Episcopal Conferences such
acts and documents as the Conference at a plenary meeting or the permanent
committee of Bishops decides to send to them.
Canon 459 §1 Relations are to be fostered between Episcopal
Conferences, especially neighboring ones, in order to promote and defend
whatever is for the greater good.
§2 The Apostolic See must be consulted whenever actions or
affairs undertaken by Conferences have an international character.
Canon 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.
Canon 461 §1 The diocesan synod is to be held in each
particular Church when the diocesan Bishop, after consulting the council of
priests, judges that the circumstances suggest it.
§2 If a Bishop is responsible for a number of dioceses, or
has charge of one as his own and of another as Administrator, he may convene one
diocesan synod for all the dioceses entrusted to him.
Canon 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 fulfill this
office at individual sessions of the synod.
Canon 463 §1 The following are to be summoned to the
diocesan synod as members and they are obliged to participate in it:
1° the coadjutor Bishop and the auxiliary Bishops;
2° the Vicars general and Episcopal Vicars, and the judicial
Vicar
3° the Canons of the cathedral church;
4° the members of the council of priests;
5° lay members of Christ’s faithful, not excluding members
of institutes of consecrated life, to be elected by the pastoral council in the
manner and the number to be determined by the diocesan Bishop or, where this
council does not exist, on a basis determined by the diocesan Bishop;
6° the rector of the major seminary of the diocese;
7° the vicars forane;
8° at least one priest from each vicariate forane to be
elected by all those who have the care of souls there; another priest is also to
be elected, to take the place of the first if he is prevented from attending;
9° some Superiors of religious institutes and of societies
of apostolic life which have a house in the diocese: these are to be elected in
the number and the manner determined by the diocesan Bishop.
§2 The diocesan Bishop may also invite others to be members
of the diocesan synod, whether clerics or members of institutes of consecrated
life or lay members of the faithful.
§3 If the diocesan Bishop considers it opportune, he may
invite to the diocesan Synod as observers some ministers or members of Churches
or ecclesial communities which are not in full communion with the Catholic
Church.
Canon 464 A member of the synod who is lawfully impeded from
attending, cannot send a proxy to attend in his or her place, but is to notify
the diocesan Bishop of the reason for not attending.
Canon 465 All questions proposed are to be subject to the
free discussion of the members in the sessions of the synod.
Canon 466 The diocesan Bishop is the sole legislator in the
diocesan synod. Other members of the synod have only a consultative vote. The
diocesan Bishop alone signs the synodal declarations and decrees, and only by
his authority may these be published.
Canon 467 The diocesan Bishop is to communicate the text of
the declarations and decrees of the synod to the Metropolitan and to the
Episcopal Conference.
Canon 468 §1 If he judges it prudent, the diocesan Bishop
can suspend or dissolve the diocesan synod.
§2 Should the Episcopal see become vacant or impeded, the
diocesan synod is by virtue of the law itself suspended, until such time as the
diocesan Bishop who succeeds to the see decrees that it be continued or declares
it terminated.
Canon 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.
Canon 470 The appointment of those who fulfill an office in
the diocesan curia belongs to the diocesan Bishop.
Canon 471 All who are admitted to an office in the curia
must:
1° promise to fulfill their office faithfully, as determined
by law or by the Bishop;
2° observe secrecy within the limits and according to the
manner determined by law or by the Bishop.
Canon 472 The provisions of Book VII on ‘Processes’ are
to be observed concerning cases and persons involved in the exercise of judicial
power in the curia. The following Canons are to be observed in what concerns the
administration of the diocese.
Canon 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 fulfill the offices entrusted to them.
§3 Unless in the Bishop’s judgment local conditions
suggest otherwise, the Vicar general is to be appointed Moderator of the curia
or, if there are several Vicars general, one of them.
§4 Where the Bishop judges it useful for the better
promotion of pastoral action, he can establish an Episcopal council, comprising
the Vicars general and Episcopal Vicars.
Canon 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
Canon 475 §1 In each diocese the diocesan Bishop is to
appoint a Vicar general to assist him in the governance of the whole diocese.
The Vicar -general has ordinary power, in accordance with the following Canons.
§2 As a general rule, one Vicar general is to be appointed,
unless the size of the diocese, the number of inhabitants, or other pastoral
reasons suggest otherwise.
Canon 476 As often as the good governance of the diocese
requires it, the diocesan Bishop can also appoint one or more Episcopal Vicars.
These have the same ordinary power as the universal law gives to a Vicar
general, in accordance with the following Canons. The competence of an Episcopal
Vicar, however, is limited to a determined part of the diocese, or to a specific
type of activity, or to the faithful of a particular rite, or to certain groups
of people.
Canon 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 Canon 406. An Episcopal Vicar who is not an auxiliary
Bishop, is to be appointed for a period of time, which is to be specified in the
act of appointment.
§2 If the Vicar general is absent or lawfully impeded, the
diocesan Bishop can appoint another to take his place. The same norm applies in
the case of an Episcopal Vicar.
Canon 478 §1 The Vicar general and the Episcopal Vicar are
to be priests of not less than thirty years of age, with a doctorate or
licentiate in Canon law or theology, or at least well versed in these
disciplines. They are to be known for their sound doctrine, integrity, prudence
and practical experience.
§2 The office of Vicar general or Episcopal Vicar may not be
united with the office of Canon penitentiary, nor may the office be given to
blood relations of the Bishop up to the fourth degree.
Canon 479 §1 In virtue of his office, the Vicar general has
the same executive power throughout the whole diocese as that which belongs by
law to the diocesan Bishop: that is, he can perform all administrative acts,
with the exception however of those which the Bishop has reserved to himself, or
which by law require a special mandate of the Bishop.
§2 By virtue of the law itself, the Episcopal Vicar has the
same power as that mentioned in §1, but only for the determined part of the
territory or type of activity, or for the faithful of the determined rite or
group, for which he was appointed; matters which the Bishop reserves to himself
or to the Vicar general, or which by law require a special mandate of the
Bishop, are excepted.
§3 Within the limits of their competence, the Vicar general
and the Episcopal Vicar have also those habitual faculties which the Apostolic
See has granted to the Bishop. They may also execute rescripts, unless it is
expressly provided otherwise, or unless the execution was entrusted to the
Bishop on a personal basis.
Canon 480 The Vicar general and Episcopal Vicar must give a
report to the diocesan Bishop concerning more important matters, both those yet
to be attended to and those already dealt with. They are never to act against
the will and mind of the diocesan Bishop.
Canon 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 Canon. 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
Canon 482 §1 In each curia a chancellor is to be appointed,
whose principal office, unless particular law states otherwise, is to ensure
that the acts of the curia are drawn up and dispatched, and that they are kept
safe in the archive of the curia.
§2 If it is considered necessary, the chancellor may be
given an assistant, who is to be called the vice-chancellor.
§3 The chancellor and vice-chancellor are automatically
notaries and secretaries of the curia.
Canon 483 §1 Besides the chancellor, other notaries may be
appointed, whose writing or signature authenticates public documents. These
notaries may be appointed for all acts, or for judicial acts alone, or only for
acts concerning a particular issue or business.
§2 The chancellor and notaries must be of unblemished
reputation and above suspicion. In cases which could involve the reputation of a
priest, the notary must be a priest.
Canon 484 The office of notary involves:
1° writing acts and documents concerning decrees,
arrangements, obligations, and other matters which require their intervention;
2° faithfully recording in writing what is done, and signing
the document, with a note of the place, the day, the month and the year;
3° while observing all that must be observed, showing acts
or documents from the archives to those who lawfully request them, and verifying
that copies conform to the original.
Canon 485 The chancellor and the other notaries can be freely
removed by the diocesan Bishop. They can be removed by a diocesan Administrator
only with the consent of the college of consultors.
Canon 486 §1 All documents concerning the diocese or
parishes must be kept with the greatest of care.
§2 In each curia there is to be established in a safe place
a diocesan archive where documents and writings concerning both the spiritual
and the temporal affairs of the diocese are to be properly filed and carefully
kept under lock and key.
§3 An inventory or catalogue is to be made of documents kept
in the archive, with a short synopsis of each document.
Canon 487 §1 The archive must be locked, and only the Bishop
and the chancellor are to have the key; no one may be allowed to enter unless
with the permission of the Bishop, or with the permission of both the Moderator
of the curia and the chancellor.
§2 Persons concerned have the right to receive, personally
or by proxy, an authentic written or Photostat copy of documents which are of
their nature public and which concern their own personal status.
Canon 488 It is not permitted to remove documents from the
archive, except for a short time and with the permission of the Bishop or of
both the Moderator of the curia and the chancellor.
Canon 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 judgment.
Canon 490 §1 Only the Bishop is to have the key of the
secret archive.
§2 When the see is vacant, the secret archive or safe is not
to be opened except in a case of real necessity, and then by the diocesan
Administrator personally.
§3 Documents are not to be removed from the secret archive
or safe.
Canon 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
Canon 492 §1 In each diocese a finance committee is to be
established, presided over by the diocesan Bishop or his delegate. It is to be
composed of at least three of the faithful, expert in financial affairs and
civil law, of outstanding integrity, and appointed by the Bishop.
§2 The members of the finance committee are appointed for
five years but when this period has expired they may be appointed for further
terms of five years.
§3 Persons related to the Bishop up to the fourth degree of
consanguinity or affinity are excluded from the finance committee.
Canon 493 Besides the functions entrusted to it in Book V on
‘The Temporal Goods of the Church’, it is the responsibility of the finance
committee to prepare each year a budget of income and expenditure over the
coming year for the governance of the whole diocese, in accordance with the
direction of the diocesan Bishop. It is also the responsibility of the committee
to account at the end of the year for income and expenditure.
Canon 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 authorized.
§4 At the end of the year the financial administrator must
give the finance committee an account of income and expenditure.
Canon 495 §1 In each diocese there is to be established a
council of priests, that is, a group of priests who represent the presbyterium
and who are to be, as it were, the Bishop’s senate. The council’s role is to
assist the Bishop, in accordance with the law, in the governance of the diocese,
so that the pastoral welfare of that portion of the people of God entrusted to
the Bishop may be most effectively promoted.
§2 In vicariates and prefectures apostolic, the Vicar or
Prefect is to appoint a council composed of at least three missionary priests,
whose opinion, even by letter, he is to hear in the more serious affairs.
Canon 496 The council of priests is to have its own statutes.
These are to be approved by the diocesan Bishop, having taken account of the
norms laid down by the Episcopal Conference.
Canon 497 As far as the designation of the members of the
council of priests is concerned:
1° about half are to be freely elected by the priests
themselves in accordance with the Canons which follow and with the statutes;
2° some priests must, in accordance with the statutes, be
members ex officio, that is belong to the council by reason of the office they
hold;
3° the diocesan Bishop may freely appoint some others.
Canon 498 §1 The following have the right to both an active
and a passive voice in an election to the council of priests:
1° all secular priests incardinated in the diocese;
2° priests who are living in the diocese and exercise some
useful office there, whether they be secular priests not incardinated in the
diocese, or priest members of religious institutes or of societies of apostolic
life.
§2 Insofar as the statutes so provide, the same right of
election may be given to other priests who have a domicile or quasi-domicile in
the diocese.
Canon 499 The manner of electing the members of the council
of priests is to be determined by the statutes, and in such a way that as far as
possible the priests of the presbyterium are represented, with special regard to
the diversity of ministries and to the various regions of the diocese.
Canon 500 §1 It is the prerogative of the diocesan Bishop to
convene the council of priests, to preside over it, and to determine the matters
to be discussed in it or to accept items proposed by the members.
§2 The council of priests has only a consultative vote. The
diocesan Bishop is to consult it in matters of more serious moment, but he
requires its consent only in the cases expressly defined in the law.
§3 The council of priests can never act without the diocesan
Bishop. He alone can make public those things which have been decided in
accordance with §2.
Canon 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 fulfill the office
entrusted to it for the welfare of the diocese, or if it gravely abuses that
office, it can be dissolved by the diocesan Bishop, after consultation with the
Metropolitan, in the case of a metropolitan see, the Bishop must first consult
with the suffragan Bishop who is senior by promotion. Within a year, however,
the diocesan Bishop must reconstitute the council.
Canon 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 Canon 495 §2.
Canon 503 A chapter of Canons, whether cathedral or
collegiate, is a college of priests, whose role is to celebrate the more solemn
liturgical functions in a cathedral or a collegiate church. It is for the
cathedral chapter, besides, to fulfill those roles entrusted to it by law or by
the diocesan Bishop.
Canon 504 The establishment, alteration or suppression of a
cathedral chapter is reserved to the Apostolic See.
Canon 505 Every chapter, whether cathedral or collegiate, is
to have its own statutes, established by lawful capitular act and approved by
the diocesan Bishop. These statutes are not to be changed or abrogated except
with the approval of the diocesan Bishop.
Canon 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.
Canon 507 §1 Among the Canons there is to be one who
presides over the chapter. In accordance with the statutes other offices are
also to be established, account having been taken of the practice prevailing in
the region.
§2 Other offices may be allotted to clerics not belonging to
the chapter, so that, in accordance with the statutes, they may provide
assistance to the Canons.
Canon 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 fulfill this office.
Canon 509 §1 It belongs to the diocesan Bishop, after
consultation with the chapter, but not to the diocesan Administrator, to bestow
each and every Canonry both in the cathedral church and in a collegiate church,
any privilege to the contrary is revoked. It is also for the diocesan Bishop to
confirm the person elected by the chapter to preside over it.
§2 The diocesan Bishop is to appoint to Canonries only
priests who are of sound doctrine and life and who have exercised a praiseworthy
ministry.
Canon 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 harmonized, so that the parish priest is not a hindrance to capitular
functions, nor the chapter to those of the parish. Any conflicts which may arise
are to be settled by the diocesan Bishop, who is to ensure above all that the
pastoral needs of the faithful are suitably provided for.
§4 Alms given to a church which is at the same time a
parochial and a capitular church, are presumed to be given to the parish, unless
it is otherwise established.
Canon 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.
Canon 512 §1 A pastoral council is composed of members of
Christ’s faithful who are in full communion with the Catholic Church: clerics,
members of institutes of consecrated life, and especially lay people. They are
designated in the manner determined by the diocesan Bishop.
§2 The members of Christ’s faithful assigned to the
pastoral council are to be selected in such a way that the council truly
reflects the entire portion of the people of God which constitutes the diocese,
taking account of the different regions of the diocese, of social conditions and
professions, and of the part played in the apostolate by the members, whether
individually or in association with others.
§3 Only those members of Christ’s faithful who are
outstanding in firm faith, high moral standards and prudence are to be assigned
to the pastoral council.
Canon 513 §1 The pastoral council is appointed for a
determinate period, in accordance with the provisions of the statutes drawn up
by the Bishop.
§2 When the see is vacant, the pastoral council lapses.
Canon 514 §1 The pastoral council has only a consultative
vote. It is for the diocesan Bishop alone to convene it, according to the needs
of the apostolate, and to preside over it. He alone has the right to make public
the matters dealt with in the council.
§2 It is to be convened at least once a year.
Canon 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.
Canon 516 §1 Unless the law provides otherwise, a
quasi-parish is equivalent to a parish. A quasi-parish is a certain community of
Christ’s faithful within a particular Church, entrusted to a priest as its
proper pastor, but because of special circumstances not yet established as a
parish.
§2 Where some communities cannot be established as parishes
or quasi-parishes, the diocesan Bishop is to provide for their spiritual care in
some other way.
Canon 517 §1 Where circumstances so require, the pastoral
care of a parish, or of a number of parishes together, can be entrusted to
several priests jointly, but with the stipulation that one of the priests is to
be the moderator of the pastoral care to be exercised. This moderator is to
direct the joint action and to be responsible for it to the Bishop.
§2 If, because of a shortage of priests, the diocesan Bishop
has judged that a deacon, or some other person who is not a priest, or a
community of persons, should be entrusted with a share in the exercise of the
pastoral care of a parish, he is to appoint some priest who, with the powers and
faculties of a parish priest, will direct the pastoral care.
Canon 518 As a general rule, a parish is to be territorial,
that is, it is to embrace all Christ’s faithful of a given territory. Where it
is useful however, personal parishes are to be established, determined by reason
of the rite, language or nationality of the faithful of a certain territory, or
on some other basis.
Canon 519 The parish priest is the proper pastor of the
parish entrusted to him. He exercises the pastoral care of the community
entrusted to him under the authority of the diocesan Bishop, whose ministry of
Christ he is called to share, so that for this community he may carry out the
offices of teaching, sanctifying and ruling with the cooperation of other
priests or deacons and with the assistance of lay members of Christ’s
faithful, in accordance with the law.
Canon 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 Canon 517 §1.
§2 The entrustment of a parish, as in §1, may be either in
perpetuity or for a specified time. In either case this is to be done by means
of a written agreement made between the diocesan Bishop and the competent
Superior of the institute or society. This agreement must expressly and
accurately define, among other things, the work to be done, the persons to be
assigned to it and the financial arrangements.
Canon 521 §1 To be validly appointed a parish priest, one
must be in the sacred order of priesthood.
§2 He is also to be outstanding in sound doctrine and
uprightness of character, endowed with zeal for souls and other virtues, and
possessed of those qualities which by universal or particular law are required
for the care of the parish in question.
§3 In order that one be appointed to the office of parish
priest, his suitability must be clearly established, in a manner determined by
the diocesan Bishop, even by examination.
Canon 522 It is necessary that a parish priest have the
benefit of stability, and therefore he is to be appointed for an indeterminate
period of time. The diocesan Bishop may appoint him for a specified period of
time only if the Episcopal Conference has by decree allowed this.
Canon 523 Without prejudice to Canon 682, appointment to the
office of parish priest belongs to the diocesan Bishop, who is free to confer it
on whomsoever he wishes, unless someone else has a right of presentation or
election.
Canon 524 The diocesan Bishop is to confer a vacant parish on
the one whom, after consideration of all the circumstances, he judges suitable
for the parochial care of that parish, without any preference of persons. In
order to assess suitability, he is to consult the vicar forane, conduct suitable
enquiries and, if it is appropriate, seek the view of some priests and lay
members of Christ’s faithful.
Canon 525 When a see is vacant or impeded, it is for the
diocesan Administrator or whoever governs the diocese in the interim:
1° to institute priests lawfully presented for a parish or
to confirm those lawfully elected to one;
2° to appoint parish priests if the see has been vacant or
impeded for a year.
Canon 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 neighboring 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 Canon 517 §1; any contrary custom is
reprobated and any contrary privilege revoked.
Canon 527 §1 One who is promoted to exercise the pastoral
care of a parish obtains this care and is bound to exercise it from the moment
he takes possession.
§2 The local Ordinary or a priest delegated by him puts the
parish priest into possession, in accordance with the procedure approved by
particular law or by lawful custom. For a just reason, however, the same
Ordinary can dispense from this procedure, in which case the communication of
the dispensation to the parish replaces the taking of possession.
§3 The local Ordinary is to determine the time within which
the parish priest must take possession of the parish. If, in the absence of a
lawful impediment, he has not taken possession within this time, the local
Ordinary can declare the parish vacant.
Canon 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 center of the parish assembly of the faithful. He is to strive
to ensure that the faithful are nourished by the devout celebration of the
sacraments, and in particular that they frequently approach the sacraments of
the blessed Eucharist and penance. He is to strive to lead them to prayer,
including prayer in their families, and to take a live and active part in the
sacred liturgy. Under the authority of the diocesan Bishop, the parish priest
must direct this liturgy in his own parish, and he is bound to be on guard
against abuses.
Canon 529 §1 So that he may fulfill 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, solicitously
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 fulfillment of their proper duties, and to foster the growth of
Christian life in the family.
§2 The parish priest is to recognize 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 endeavor to ensure that the faithful are concerned for the
community of the parish, that they feel themselves to be members both of the
diocese and of the universal Church, and that they take part in and sustain
works which promote this community.
Canon 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 Canon 883, n. 3;
3° the administration of Viaticum and of the anointing of
the sick, without prejudice to Canon 1003 §§2 and 3, and the imparting of the
apostolic blessing;
4° the assistance at marriages and the nuptial blessing;
5° the conducting of funerals;
6° the blessing of the baptismal font at paschal time, the
conduct of processions outside the church, and the giving of solemn blessings
outside the church;
7° the more solemn celebration of the Eucharist on Sundays
and holydays of obligation.
Canon 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 fulfill such a parochial function.
Canon 532 In all juridical matters, the parish priest acts in
the person of the parish, in accordance with the law. He is to ensure that the
parish goods are administered in accordance with Canon. 1281-1288.
Canon 533 §1 The parish priest is obliged to reside in the
parochial house, near the church. In particular cases, however, where there is a
just reason, the local Ordinary may permit him to reside elsewhere, especially
in a house common to several priests, provided the carrying out of the parochial
duties is properly and suitably catered for.
§2 Unless there is a grave reason to the contrary, the
parish priest may each year be absent on holiday from his parish for a period
not exceeding one month, continuous or otherwise. The days which the parish
priest spends on the annual spiritual retreat are not reckoned in this period of
vacation. For an absence from the parish of more than a week, however, the
parish priest is bound to advise the local Ordinary.
§3 It is for the diocesan Bishop to establish norms by
which, during the parish priest’s absence, the care of the parish is provided
for by a priest with the requisite faculties.
Canon 534 §1 When he has taken possession of his parish, the
parish priest is bound on each Sunday and holyday of obligation in his diocese
to apply the Mass for the people entrusted to him. If he is lawfully impeded
from this celebration, he is to have someone else apply the Mass on these days
or apply it himself on other days.
§2 A parish priest who has the care of several parishes is
bound to apply only one Mass on the days mentioned in §1, for all the people
entrusted to him.
§3 A parish priest who has not discharged the obligations
mentioned in §§1 and 2, is as soon as possible to apply for the people as many
Masses as he has omitted.
Canon 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 Canon 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 unauthorized hands.
§5 Older parochial registers are also to be carefully
safeguarded, in accordance with the provisions of particular law.
Canon 536 §1 If, after consulting the council of priests,
the diocesan Bishop considers it opportune, a pastoral council is to be
established in each parish. In this council, which is presided over by the
parish priest, Christ’s faithful, together with those who by virtue of their
office are engaged in pastoral care in the parish, give their help in fostering
pastoral action.
§2 The pastoral council has only a consultative vote, and it
is regulated by the norms laid down by the diocesan Bishop.
Canon 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 Canon 532. It is ruled by the universal law and by the
norms laid down by the diocesan Bishop, and it is comprised of members of the
faithful selected according to these norms.
Canon 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 Canon 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
Canon 682 §2.
§3 A parish priest who has completed his seventy fifth year
of age is requested to offer his resignation from office to the diocesan Bishop
who, after considering all the circumstances of person and place, is to decide
whether to accept or defer it. Having taken account of the norms laid down by
the Episcopal Conference, the diocesan Bishop must make provision for the
appropriate maintenance and residence of the priest who has resigned.
Canon 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 Canon 540.
Canon 540 §1 The parochial administrator is bound by the
same obligations and has the same rights as a parish priest, unless the diocesan
Bishop prescribes otherwise.
§2 The parochial administrator may not do anything which
could prejudice the rights of the parish priest or could do harm to parochial
property.
§3 When he has discharged his office, the parochial
administrator is to give an account to the parish priest.
Canon 541 §1 When a parish is vacant, or when the parish
priest is impeded from exercising his pastoral office, pending the appointment
of a parochial administrator the interim governance of the parish is to be
undertaken by the assistant priest; if there are a number of assistants, by the
senior by appointment; if there are none, by the parish priest determined by
particular law.
§2 The one who has undertaken the governance of the parish
in accordance with §1, is at once to inform the local Ordinary of the parish
vacancy.
Canon 542 The priests to whom, in accordance with Canon 516
§1[],is jointly entrusted the pastoral care of a parish or of a number of
parishes together:
1° must possess the qualities mentioned in Canon 521;
2° are to be appointed in accordance with Canon. 522 and
524;
3° obtain the pastoral care only from the moment of taking
possession: their moderator is put into possession in accordance with Canon 527
§2; for the other priests, the profession of faith lawfully made replaces the
taking of possession.
Canon 543 §1 Each of the priests to whom the care of a
parish or of a number of parishes together is jointly entrusted, is bound to
fulfill the duties and functions of a parish priest mentioned in Canon. 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 Canon
534.
3° []in juridical affairs, only the moderator acts in the
person of the parish or parishes entrusted to the group.
Canon 544 When one of the priests, or the moderator, of the
group mentioned in Canon 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 fulfill this
office.
Canon 545 §1 Whenever it is necessary or opportune for the
due pastoral care of the parish, one or more assistant priests can be joined
with the parish priest. As co-operators 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 labor in the pastoral ministry.
§2 An assistant priest may be appointed either to help in
exercising the entire pastoral ministry, whether in the whole parish or in a
part of it or for a particular group of the faithful within it, or even to help
in carrying out a specific ministry in a number of parishes at the same time.
Canon 546 To be validly appointed an assistant priest, one
must be in the sacred order of priesthood.
Canon 547 The diocesan Bishop freely appoints an assistant
priest; if he has judged it opportune, he will have consulted the parish priest
or parish priests of the parishes to which the assistant is appointed, and the
Vicar forane, without prejudice to Canon 682 §1.
Canon 548 §1 The obligations and rights of assistant priests
are defined not only by the Canons of this chapter, but also by the diocesan
statutes, and by the letter of the diocesan Bishop ; they are more specifically
determined by the directions of the parish priest.
§2 Unless it is otherwise expressly provided in the letter
of the diocesan Bishop, the assistant priest is by virtue of his office bound to
help the parish priest in the entire parochial ministry, with the exception of
the application of the Mass for the people. Likewise, if the matter should arise
in accordance with the law, he is bound to take the place of the parish priest.
§3 The assistant priest is to report regularly to the parish
priest on pastoral initiatives, both those planned and those already undertaken.
In this way the parish priest and the assistant or assistants can by their joint
efforts provide a pastoral care of the parish for which they are together
answerable.
Canon 549 When the parish priest is absent, the norms of
Canon 541 §1 are to be observed, unless the diocesan Bishop has provided
otherwise in accordance with Canon 533 §3, or unless a parochial administrator
has been appointed. If Canon 541 §1 is applied, the assistant priest is bound
by all the obligations of the parish priest, with the exception of the
obligation to apply the Mass for the people.
Canon 550 §1 The assistant priest is bound to reside in the
parish or, if he is appointed for a number of parishes at the same time, in one
of them. For a just reason, however, the local Ordinary may permit him to reside
elsewhere, especially in a house common to several priests, provided the
carrying out of the pastoral duties does not in any way suffer thereby.
§2 The local Ordinary is to see to it that, where it is
possible, some manner of common life in the parochial house be encouraged
between the parish priest and the assistants.
§3 As far as holidays are concerned, the assistant priest
has the same rights as the parish priest.
Canon 551 The provisions of Canon 531 are to be observed in
respect of offerings which Christ’s faithful make to the assistant priest on
the occasion of his exercise of the pastoral ministry.
Canon 552 Without prejudice to Canon 682 §2, an assistant
priest may for a just reason be removed by the diocesan Bishop or the diocesan
Administrator.
Canon 553 §1 The Vicar forane, known also as the dean or the
archpriest or by some other title, is the priest who is placed in charge of a
vicariate forane.
§2 Unless it is otherwise prescribed by particular law, the
Vicar forane is appointed by the diocesan Bishop; if he has considered it
prudent to do so, he will have consulted the priests who are exercising the
ministry in the vicariate.
Canon 554 §1 For the office of Vicar forane, which is not
tied to the office of parish priest of any given parish, the Bishop is to choose
a priest whom, in view of the circumstances of place and time, he has judged to
be suitable.
§2 The Vicar forane is to be appointed for a certain period
of time, determined by particular law.
§3 For a just reason, the diocesan Bishop may in accordance
with his prudent judgment freely remove the Vicar forane from office.
Canon 555 §1 Apart from the faculties lawfully given to him
by particular law, the Vicar forane has the duty and the right:
1° to promote and coordinate common pastoral action in the
vicariate;
2° to see that the clerics of his district lead a life
befitting their state, and discharge their obligations carefully
3° to ensure that religious functions are celebrated
according to the provisions of the sacred liturgy; that the elegance and
neatness of the churches and sacred furnishings are properly maintained,
particularly in regard to the celebration of the Eucharist and the custody of
the blessed Sacrament; that the parish registers are correctly entered and duly
safeguarded; that ecclesiastical goods are carefully administered; finally, that
the parochial house is looked after with care.
§2 In the vicariate entrusted to him, the Vicar forane:
1° is to encourage the clergy, in accordance with the
provisions of particular law, to attend at the prescribed time lectures and
theological meetings or conferences, in accordance with Canon 272 §2[] .
2° is to see to it that spiritual assistance is available to
the priests of his district, and he is to show a particular solicitude for those
who are in difficult circumstances or are troubled by problems.
§3 When he has come to know that parish priests of his
district are seriously ill, the Vicar forane is to ensure that they do not lack
spiritual and material help. When they die, he is to ensure that their funerals
are worthily celebrated. Moreover, should any of them fall ill or die, he is to
see to it that books, documents, sacred furnishings and other items belonging to
the Church are not lost or removed.
§4 The Vicar forane is obliged to visit the parishes of his
district in accordance with the arrangement made by the diocesan Bishop.
Article 1: Rectors of Churches
Canon 556 Rectors of churches are here understood to be
priests to whom is entrusted the care of some church which is neither a
parochial nor a capitular church, nor a church attached to the house of a
religious community or a society of apostolic life which holds services in it.
Canon 557 §1 The rector of a church is freely appointed by
the diocesan Bishop, without prejudice to a right of election or presentation to
which someone may lawfully have claim: in which case the diocesan Bishop has the
right to confirm or to appoint the rector.
§2 Even if the church belongs to some clerical religious
institute of pontifical right, it is for the diocesan Bishop to appoint the
rector presented by the Superior.
§3 The rector of a church which is attached to a seminary or
to a college governed by clerics, is the rector of the seminary or college,
unless the diocesan Bishop has determined otherwise.
Canon 558 Without prejudice to Canon 262, the rector of a
church may not perform in his church the parochial functions mentioned in Canon
530 Canon. 1--6, without the consent or, where the matter requires it, the
delegation of the parish priest.
Canon 559 The rector can conduct liturgical celebrations,
even solemn ones, in the church entrusted to him, without prejudice to the
legitimate laws of a foundation, and on condition that in the judgment of the
local Ordinary these celebrations do not in any way harm the parochial ministry.
Canon 560 Where he considers it opportune, the local Ordinary
may direct the rector to celebrate in his church certain functions for the
people, even parochial functions, and also to open the church to certain groups
of the faithful so that they may hold liturgical celebrations there.
Canon 561 Without the permission of the rector or some other
lawful superior, no one may celebrate the Eucharist, administer the sacraments,
or perform other sacred functions in the church. This permission is to be given
or refused in accordance with the law.
Canon 562 Under the authority of the local Ordinary, having
observed the lawful statutes and respected acquired rights, the rector of a
church is obliged to see that sacred functions are worthily celebrated in the
church, in accordance with liturgical and Canon law, that obligations are
faithfully fulfilled, that the property is carefully administered, and that the
maintenance and adornment of the furnishings and buildings are assured.
He must also ensure that nothing is done which is in any way
unbecoming to the holiness of the place and to the reverence due to the house of
God.
Canon 563 For a just reason, the local Ordinary may in
accordance with his prudent judgment remove the rector of a church from office,
even if he had been elected or presented by others, but without prejudice to
Canon 682 §2.
Article 2: Chaplains
Canon 564 A chaplain is a priest to whom is entrusted in a
stable manner the pastoral care, at least in part, of some community or special
group of Christ’s faithful, to be exercised in accordance with universal and
particular law.
Canon 565 Unless the law provides otherwise or unless special
rights lawfully belong to someone, a chaplain is appointed by the local
Ordinary, to whom also it belongs to appoint one who has been presented or to
confirm one elected.
Canon 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 Canon 976.
Canon 567 §1 The local Ordinary is not to proceed to the
appointment of a chaplain to a house of a lay religious institute without
consulting the Superior. The Superior has the right, after consulting the
community, to propose a particular priest.
§2 It is the responsibility of the chaplain to celebrate or
to direct liturgical functions; he may not, however, involve himself in the
internal governance of the institute.
Canon 568 As far as possible, chaplains are to be appointed
for those who, because of their condition of life, are not able to avail
themselves of the ordinary care of parish priests, as for example, migrants,
exiles, fugitives, nomads and sea-farers.
Canon 569 Chaplains to the armed forces are governed by
special laws.
Canon 570 If a non-parochial church is attached to a center
of a community or group, the rector of the church is to be the chaplain, unless
the care of the community or of the church requires otherwise.
Canon 571 In the exercise of his pastoral office a chaplain
is to maintain the due relationship with the parish priest.
Canon 572 In regard to the removal of a chaplain, the
provisions of Canon 563 are to be observed.
Canon 573 §1 Life consecrated through profession of the
evangelical counsels is a stable form of living, in which the faithful follow
Christ more closely under the action of the Holy Spirit, and are totally
dedicated to God, who is supremely loved. By a new and special title they are
dedicated to seek the perfection of charity in the service of God’s Kingdom,
for the honor 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.
Canon 574 §1 The state of persons who profess the
evangelical counsels in these institutes belongs to the life and holiness of the
Church. It is therefore to be fostered and promoted by everyone in the Church.
§2 Some of Christ’s faithful are specially called by God
to this state, so that they may benefit from a special gift in the life of the
Church and contribute to its saving mission according to the purpose and spirit
of each institute.
Canon 575 The evangelical counsels, based on the teaching and
example of Christ the Master, are a divine gift which the Church received from
the Lord and which by His grace it preserves always.
Canon 576 It is the prerogative of the competent authority in
the Church to interpret the evangelical counsels, to legislate for their
practice and, by canonical approval, to constitute the stable forms of living
which arise from them. The same authority has the responsibility to do what is
in its power to ensure that institutes grow and flourish according to the spirit
of their founders and to their sound traditions.
Canon 577 In the Church there are many institutes of
consecrated life, with gifts that differ according to the graces given them:
they more closely follow Christ praying, or Christ proclaiming the Kingdom of
God, or Christ doing good to people, or Christ in dialogue with the people of
this world, but always Christ doing the will of the Father.
Canon 578 The whole patrimony of an institute must be
faithfully preserved by all. This patrimony is comprised of the intentions of
the founders, of all that the competent ecclesiastical authority has approved
concerning the nature, purpose, spirit and character of the institute, and of
its sound traditions.
Canon 579 Provided the Apostolic See has been consulted,
diocesan Bishops can, by formal decree, establish institutes of consecrated life
in their own territories.
Canon 580 The aggregation of one institute of consecrated
life to another is reserved to the competent authority of the aggregating
institute, always safeguarding the canonical autonomy of the other institute.
Canon 581 It is for the competent authority of the institute
to divide the institute into parts, by whatever name these may be called, to
establish new parts, or to unite or otherwise modify those in existence, in
accordance with the constitutions.
Canon 582 Fusions and unions of institutes of consecrated
life are reserved to the Apostolic See alone. To it are likewise reserved
confederations or federations.
Canon 583 Changes in institutes of consecrated life which
affect elements previously approved by the Apostolic See, cannot be made without
the permission of the same See.
Canon 584 Only the Apostolic See can suppress an institute
and dispose of its temporal goods.
Canon 585 The competent authority of an institute can
suppress parts of the same institute.
Canon 586 §1 A true autonomy of life, especially of
governance, is recognized 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 Canon 578.
§2 Local Ordinaries have the responsibility of preserving
and safeguarding this autonomy.
Canon 587 §1 To protect more faithfully the vocation and
identity of each institute, the fundamental code or constitutions of the
institute are to contain, in addition to those elements which are to be
preserved in accordance with Canon 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 harmonized. Norms, however, are not to be multiplied
without necessity.
§4 Other norms which are established by the competent
authority of the institute are to be properly collected in other codes, but
these can be conveniently reviewed and adapted according to the needs of time
and place.
Canon 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
recognized as such by ecclesiastical authority.
§3 A lay institute is one which is recognized as such by
ecclesiastical authority because, by its nature, character and purpose, its
proper role, defined by its founder or by lawful tradition, does not include the
exercise of sacred orders.
Canon 589 An institute of consecrated life is of pontifical
right if it has been established by the Apostolic See, or approved by it by
means of a formal decree. An institute is of diocesan right if it has been
established by the diocesan Bishop and has not obtained a decree of approval
from the Apostolic See.
Canon 590 §1 Institutes of consecrated life, since they are
dedicated in a special way to the service of God and of the whole Church, are in
a particular manner subject to its supreme authority.
§2 The individual members are bound to obey the Supreme
Pontiff as their highest Superior, by reason also of their sacred bond of
obedience.
Canon 591 The better to ensure the welfare of institutes and
the needs of the apostolate, the Supreme Pontiff, by virtue of his primacy in
the universal Church, and with a view to the common good, can withdraw
institutes of consecrated life from the governance of local Ordinaries and
subject them to himself alone, or to some other ecclesiastical authority.
Canon 592 §1 To promote closer union between institutes and
the Apostolic See, each supreme Moderator is to send a brief account of the
state and life of the institute to the same Apostolic See, in the manner and at
the time it lays down.
§2 Moderators of each institute are to promote a knowledge
of the documents issued by the Holy See which affect the members entrusted to
them, and are to ensure that these documents are observed.
Canon 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 Canon 586.
Canon 594 An institute of diocesan right remains under the
special care of the diocesan Bishop, without prejudice to Canon 586.
Canon 595 §1 It is the Bishop of the principal house who
approves the constitutions, and confirms any changes lawfully introduced into
them, except for those matters which the Apostolic See has taken in hand. He
also deals with major affairs which exceed the power of the internal authority
of the institute. If the institute had spread to other dioceses, he is in all
these matters to consult with the other diocesan Bishops concerned.
§2 The diocesan Bishop can grant a dispensation from the
constitutions in particular cases.
Canon 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 Canon 131,133 and 137-144 apply to the
authority mentioned in §1.
Canon 597 §1 Every Catholic with a right intention and the
qualities required by universal law and the institute’s own law, and who is
without impediment, may be admitted to an institute of consecrated life.
§2 No one may be admitted without suitable preparation.
Canon 598 §1 Each institute, taking account of its own
special character and purposes, is to define in its constitutions the manner in
which the evangelical counsels of chastity, poverty and obedience are to be
observed in its way of life.
§2 All members must not only observe the evangelical
counsels faithfully and fully, but also direct their lives according to the
institute’s own law, and so strive for the perfection of their state.
Canon 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.
Canon 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.
Canon 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.
Canon 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 fulfill their vocation.
The fraternal union of the members, rooted and based in charity, is to be an
example of universal reconciliation in Christ.
Canon 603 §1 Besides institutes of consecrated life, the
Church recognizes 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 recognized 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 .
Canon 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 fulfill their
pledge more faithfully, and to assist each other to serve the Church in a way
that befits their state.
Canon 605 The approval of new forms of consecrated life is
reserved to the Apostolic See. Diocesan Bishops, however, are to endeavor to
discern new gifts of consecrated life which the Holy Spirit entrusts to the
Church. They are also to assist promoters 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.
Canon 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.
Canon 607 §1 Religious life, as a consecration of the whole
person, manifests in the Church the marvelous 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.
Canon 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 center of the community.
Canon 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.
Canon 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.
Canon 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 Canon 1215 §3, and to conduct the sacred
ministries, with due observance of the law.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canon 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
Canon 617 Superiors are to fulfill their office and exercise
their authority in accordance with the norms of the universal law and of their
own law.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canon 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.
Canon 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.
Canon 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 Canon 127.
Canon 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 Canon 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.
Canon 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.
Canon 630 §1 While safeguarding the discipline of the
institute, Superiors are to acknowledge the freedom due to the members
concerning the sacrament of penance and the direction of conscience.
§2 Superiors are to take care, in accordance with the
institute’s own law, that the members have suitable confessors available, to
whom they may confess frequently.
§3 In monasteries of cloistered nuns, in houses of
formation, and in large lay communities, there are to be ordinary confessors,
approved by the local Ordinary after consultation with the community. There is
however, no obligation to approach these confessors.
§4 Superiors are not to hear the confessions of their
subjects unless the members spontaneously request them to do so.
§5 The members are to approach their superiors with trust
and be able to open their minds freely and spontaneously to them. Superiors,
however, are forbidden in any way to induce the members to make a manifestation
of conscience to themselves.
Article 2: Chapters
Canon 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 Canon 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.
Canon 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.
Canon 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 utilizing 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
Canon 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.
Canon 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.
Canon 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.
Canon 637 Once a year, the autonomous monasteries mentioned
in Canon 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.
Canon 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 Canon 615,
and for institutes of diocesan right, the written consent of the diocesan Bishop
is necessary.
Canon 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.
Canon 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
Canon 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.
Canon 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 Canon 220.
Canon 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 Canon 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.
Canon 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.
Canon 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
Canon 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.
Canon 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.
Canon 648 §1 For validity, the novitiate must comprise
twelve months spent in the novitiate community, without prejudice to the
provision of Canon 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.
Canon 649 §1 Without prejudice to the provisions of Canon
647 §3, and Canon 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.
Canon 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.
Canon 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.
Canon 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
neighbor 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 Canon 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.
Canon 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
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 658 Besides the conditions mentioned in Canon 656,
Canon. 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 Canon 657 §3.
Article 4: The Formation of Religious
Canon 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 fulfill 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canon 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.
Canon 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
Canon 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
authorize 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.
Canon 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.
Canon 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.
Canon 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 labor, 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.
Canon 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 Canon 284.
Canon 670 The institute must supply the members with
everything that, in accordance with the constitutions, is necessary to fulfill
the purpose of their vocation.
Canon 671 Religious are not to undertake tasks and offices
outside their own institute without the permission of the lawful Superior.
Canon 672 Religious are bound by the provisions of Canon.
277,285, 286, 287 and 289. Religious who are clerics are also bound by the
provisions of Canon 279 §2. In lay institutes of pontifical right, the
permission mentioned in Canon 285 §4 can be given by the major Superior.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 680 Organized 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.
Canon 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 Canon 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.
Canon 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.
Canon 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
Canon 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
secularization 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.
Canon 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
Canon 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.
Canon 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.
Canon 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 Canon 615, the indult must, for
validity, be confirmed by the Bishop in whose diocese is located the house to
which the person is assigned.
Canon 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 judgment 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.
Canon 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 Canon
655 and 657.
§2 The Superior of an autonomous monastery, acting with the
consent of his or her council, has the same faculty.
Canon 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.
Canon 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.
Canon 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
Canon 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.
Canon 695 §1 A member must be dismissed for the offences
mentioned in Canon. 1397, 1398 and 1395, unless, for the offences mentioned in
Canon 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 defense. 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.
Canon 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 behavior 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 Canon 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.
Canon 697 §1 In the cases mentioned in Canon 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 defense. 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 defense 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.
Canon 698 In all the cases mentioned in Canon. 695 and 696,
the member always retains the right to communicate with, and send replies
directly to, the supreme Moderator.
Canon 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 defense. 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 Canon 615, the
judgment about dismissal belongs to the diocesan Bishop. The Superior is to
submit the acts to him after they have been reviewed by the council.
Canon 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.
Canon 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
Canon 693, or who will at least allow him to exercise his sacred orders.
Canon 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.
Canon 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.
Canon 704 In the report to be sent to the Apostolic See in
accordance with Canon 592, §1, mention is to be made of members who have been
separated in any way from the institute.
Canon 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.
Canon 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
Canon 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.
Canon 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, Canon 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.
Canon 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.
Canon 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.
Canon 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 endeavor to contribute to the sanctification of the
world, especially from within.
Canon 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.
Canon 712 Without prejudice to the provisions of Canon
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.
Canon 713 §1 Members of these institutes express and
exercise their special consecration in apostolic activity. Like a leaven, they
endeavor to permeate everything with an evangelical spirit for the strengthening
and growth of the Body of Christ.
§2 Lay members participate in the evangelizing 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.
Canon 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.
Canon 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 Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 722 §1 The initial probation is to be so arranged that
the candidates can better recognize 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
evangelization 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canon 693 is to be observed.
Canon 728 When an indult to leave the institute has been
lawfully granted, all bonds, rights and obligations deriving from incorporation
cease.
Canon 729 A member is dismissed from the institute in
accordance with the norms of Canon. 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 Canon.
697-700 is to be observed, and the provisions of Canon 701 apply to the person
who is dismissed.
Canon 730 For a member to transfer from one secular institute
to another, the provisions of Canon 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.
Canon 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.
Canon 732 Canon. 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 Canon 731 §2, Canon. 598-602 also apply.
Canon 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.
Canon 734 The governance of the society is determined by the
constitutions, without prejudice, in accordance with the nature of each society,
to Canon. 617--633.
Canon 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 Canon. 642-645 are to be observed.
§3 The society’s own law must determine a program of
doctrinal, spiritual and apostolic probation and formation that is adapted to
the purpose and character of the society. In this way members can recognize
their divine vocation and be suitably prepared for the mission and way of life
of the society.
Canon 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 program
of studies and reception of orders, without prejudice to §1.
Canon 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.
Canon 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 Canon. 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.
Canon 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.
Canon 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.
Canon 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 Canon. 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.
Canon 742 The departure and dismissal of a member who is not
definitively incorporated are governed by the constitutions of each society.
Canon 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 Canon 693.
Canon 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.
Canon 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.
Canon 746 For the dismissal of a member who is definitively
incorporated, the provisions of Canon. 694-704 are to be observed, making the
appropriate adjustments.
Canon 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
judgments about any human matter in so far as this is required by fundamental
human rights or the salvation of souls.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 764 Without prejudice to the provisions of Canon 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.
Canon 765 To preach to religious in their churches or
oratories, permission is required of the Superior who is competent according to
their constitutions.
Canon 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 Canon 767 §1.
Canon 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.
Canon 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 practice 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 labors
willingly. The parish priest is also to promote and to foster the role of
parents in the family catechesis mentioned in Canon 774, §2.
Canon 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 .
Canon 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.
Canon 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.
Canon 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.
Canon 781 Because the whole Church is of its nature
missionary and the work of evangelization 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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
evangelization.
Canon 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.
Canon 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.
Canon 789 By means of appropriate formation, neophytes are to
be led to a deeper knowledge of the Gospel truths, and to the fulfillment of the
duties undertaken in baptism. They are also to be imbued with a sincere love of
Christ and his Church.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 fulfill 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 807 The Church has the right to establish and to govern
universities, which serve to promote the deeper culture and fuller development
of the human person, and to complement the Church’s own teaching office.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 812 Those who teach theological subjects in any
institute of higher studies must have a mandate from the competent
ecclesiastical authority.
Canon 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 centers, to be of assistance to the young people,
especially in spiritual matters.
Canon 814 The provisions which are laid down for universities
apply equally to other institutes of higher studies.
Canon 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.
Canon 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.
Canon 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.
Canon 818 The provisions of Canon. 810,812 and 813 concerning
Catholic universities apply also to ecclesiastical universities and faculties.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 judgment. 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.
Canon 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.
Canon 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.
Canon 826 §1 For liturgical books, the provisions of Canon
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.
Canon 827 §1 Without prejudice to the provisions of Canon
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 judgment 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.
Canon 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.
Canon 829 Approval or permission to publish a work is valid
only for the first edition, but not for new editions or translations.
Canon 830 §1 Every local Ordinary retains the right to
appoint persons whom he considers competent to give a judgment 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
favorable, the Ordinary may, in his prudent judgment, 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.
Canon 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 programs which concern Catholic doctrine or
morals.
Canon 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.
Canon 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.
Canon 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 symbolized 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.
Canon 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, particularly 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 .
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canon 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.
Canon 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.
Canon 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 evangelization and catechetical instruction,
in accordance with the norms laid down by the competent authority.
Canon 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 Canon 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 judgment 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.
Canon 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.
Canon 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.
Canon 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 Canon 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.
Canon 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.
Canon 849 Baptism, the gateway to the sacraments, is
necessary for salvation, either by actual reception or at least by desire. By it
people are freed from sins, are born again as children of God and, made like to
Christ by an indelible character, are incorporated into the Church. It is
validly conferred only by a washing in real water with the proper form of words.
Chapter I: THE CELEBRATION OF BAPTISM
Canon 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.
Canon 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 baptized, and those
who are to undertake the office of sponsors, 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.
Canon 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.
Canon 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.
Canon 854 Baptism is to be conferred either by immersion or
by pouring, in accordance with the provisions of the Episcopal Conference.
Canon 855 Parents, sponsors and parish priests are to take
care that a name is not given which is foreign to Christian sentiment.
Canon 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.
Canon 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 baptized in his or her proper parish church, and an infant in the
proper parish church of the parents.
Canon 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.
Canon 859 If, because of distance or other circumstances, the
person to be baptized cannot without grave inconvenience go or be brought to the
parish church or the oratory mentioned in Canon 858 §2, baptism may and must be
conferred in some other church or oratory which is nearer, or even in some other
fitting place.
Canon 860 §1 Apart from a case of necessity, baptism is not
to be conferred in private houses, unless the local Ordinary should for a grave
reason permit it.
§2 Unless the diocesan Bishop has decreed otherwise, baptism
is not to be conferred in hospital, except in a case of necessity or for some
other pressing pastoral reason.
Chapter II: THE MINISTER OF BAPTISM
Canon 861 §1 The ordinary minister of baptism is a Bishop, a
priest or a deacon, without prejudice to the provision of Canon 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 baptize.
Canon 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.
Canon 863 The baptism of adults, at least of those who have
completed their fourteenth year, is to be referred to the Bishop, so that he
himself may confer it if he judges this appropriate.
Chapter III: THE PERSONS TO BE BAPTIZED
Canon 864 Every unbaptized person, and only such a person,
can be baptized.
Canon 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 baptized 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.
Canon 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.
Canon 867 §1 Parents are obliged to see that their infants
are baptized 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 baptized
without any delay.
Canon 868 §1 For an infant to be baptized 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 baptized even if the parents are
opposed to it.
Canon 869 §1 If there is doubt as to whether a person was
baptized or whether a baptism was conferred validly, and after serious enquiry
this doubt persists, the person is to be baptized conditionally.
§2 Those baptized in a non-Catholic ecclesial community are
not to be baptized 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 baptized or of that
of the baptizing 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 baptized, 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.
Canon 870 An abandoned infant or a foundling is to be
baptized unless diligent enquiry establishes that it has already been baptized.
Canon 871 Aborted fetuses, if they are alive, are to be
baptized, in so far as this is possible.
Chapter IV: SPONSORS
Canon 872 In so far as possible, a person being baptized 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 baptized and faithfully to
fulfill the duties inherent in baptism.
Canon 873 One sponsor, male or female, is sufficient; but
there may be two, one of each sex.
Canon 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 labor under a canonical penalty, whether imposed or
declared;
5° not be either the father or the mother of the person to
be baptized.
§2 A baptized person who belongs to a non-Catholic ecclesial
community may be admitted only in company with a Catholic sponsor, and then
simply as a witness to the baptism.
Chapter V: PROOF AND REGISTRATION OF BAPTISM
Canon 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.
Canon 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 baptized person.
Canon 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 baptized, 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 baptized 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.
Canon 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 Canon 877 §1.
Canon 879 The sacrament of confirmation confers a character.
By it the baptized continue their path of Christian initiation. They are
enriched with the gift of the Holy Spirit, and are more closely linked to the
Church. They are made strong and more firmly obliged by word and deed to witness
to Christ and to spread and defend the faith.
Chapter I: THE CELEBRATION OF CONFIRMATION
Canon 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.
Canon 881 It is desirable that the sacrament of confirmation
be celebrated in a church and indeed during Mass. However, for a just and
reasonable cause it may be celebrated apart from Mass and in any fitting place.
Chapter II: THE MINISTER OF CONFIRMATION
Canon 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.
Canon 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 baptizes an adult
or admits a baptized adult into full communion with the Catholic Church;
3° in respect of those in danger of death, the parish priest
or indeed any priest.
Canon 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.
Canon 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 favor it was granted.
Canon 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.
Canon 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 Canon 883, n.3.
Canon 888 Within the territory in which they can confer
confirmation, ministers may confirm even in exempt places.
Chapter III: THE PERSONS TO BE CONFIRMED
Canon 889 §1 Every baptized 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.
Canon 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.
Canon 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 judgment of
the minister, a grave reason suggests otherwise.
Chapter IV: SPONSORS
Canon 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.
Canon 893 §1 A person who would undertake the office of
sponsor must fulfill the conditions mentioned in Canon 874.
§2 It is desirable that the sponsor chosen be the one who
undertook this role at baptism.
Chapter V: PROOF AND REGISTRATION OF CONFIRMATION
Canon 894 To establish that confirmation has been conferred,
the provisions of Canon 876 are to be observed.
Canon 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
Canon 535 §2.
Canon 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.
Canon 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.
Canon 898 Christ’s faithful are to hold the blessed
Eucharist in the highest honor. They should take an active part in the
celebration of the most august Sacrifice of the Mass; they should receive the
sacrament with great devotion and frequently, and should reverence it with the
greatest adoration. In explaining the doctrine of this sacrament, pastors of
souls are assiduously to instruct the faithful about their obligation in this
regard.
Chapter I: THE CELEBRATION OF THE EUCHARIST
Canon 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 authorized by him,
who acts in the person of Christ. All the faithful present, whether clerics or
lay people, unite to participate in their own way, according to their various
orders and liturgical roles.
§3 The eucharistic celebration is to be so ordered that all
the participants derive from it the many fruits for which Christ the Lord
instituted the eucharistic Sacrifice.
Article 1: The Minister of the Blessed
Eucharist
Canon 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.
Canon 901 A priest is entitled to offer Mass for anyone,
living or dead.
Canon 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.
Canon 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.
Canon 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 fulfill
their principal role.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canon 230
§3.
Canon 911 §1 The duty and right to bring the blessed
Eucharist to the sick as Viaticum belongs to the parish priest, to assistant
priests, to chaplains and, in respect of all who are in the house, to the
community Superior in clerical religious institutes or societies of apostolic
life.
§2 In a case of necessity, or with the permission at least
presumed of the parish priest, chaplain or Superior, who must subsequently be
notified, any priest or other minister of holy communion must do this.
Article 2: Participation in the
Blessed Eucharist
Canon 912 Any baptized person who is not forbidden by law may
and must be admitted to holy communion.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canon 921 §2.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 923 Christ’s faithful may participate in the
eucharistic Sacrifice and receive holy communion in any Catholic rite, without
prejudice to the provisions of Canon 844.
Article 3: The Rites and Ceremonies of
the Eucharistic Celebration
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 929 In celebrating and administering the Eucharist,
priests and deacons are to wear the sacred vestments prescribed by the rubrics.
Canon 930 §1 A priest who is ill or elderly, if he is unable
to stand, may celebrate the eucharistic Sacrifice sitting but otherwise
observing the liturgical laws; he may not, however, do so in public except by
permission of the local Ordinary.
§2 A priest who is blind or suffering from some other
infirmity, may lawfully celebrate the eucharistic Sacrifice by using the text of
any approved Mass, with the assistance, if need be, of another priest or deacon
or even a properly instructed lay person.
Article 4: The Time and Place of the
Eucharistic Celebration
Canon 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.
Canon 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.
Canon 933 For a good reason, with the express permission of
the local Ordinary and provided scandal has been eliminated, a priest may
celebrate the Eucharist in a place of worship of any Church or ecclesial
community which is not in full communion with the Catholic Church.
Chapter II: THE RESERVATION AND VENERATION OF THE BLESSED
EUCHARIST
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 940 A special lamp is to burn continuously before the
tabernacle in which the blessed Eucharist is reserved, to indicate and to honor
the presence of Christ.
Canon 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.
Canon 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.
Canon 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.
Canon 944 §1 Wherever in the judgment of the diocesan Bishop
it can be done, a procession through the streets is to be held, especially on
the solemnity of the Body and Blood of Christ, as a public witness of veneration
of the blessed Eucharist.
§2 It is for the diocesan Bishop to establish such
regulations about processions as will provide for participation in them and for
their being carried out in a dignified manner.
Chapter III: THE OFFERING MADE FOR THE CELEBRATION OF MASS
Canon 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.
Canon 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.
Canon 947 Even the semblance of trafficking or trading is to
be entirely excluded from Mass offerings.
Canon 948 Separate Masses must be applied for the intentions
of those for whom an individual offering, even if small, has been made and
accepted.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 953 No one may accept more offerings for Masses to be
celebrated by himself than he can discharge within a year.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 959 In the sacrament of penance the faithful who
confess their sins to a lawful minister, are sorry for those sins and have a
purpose of amendment, receive from God, through the absolution given by that
minister, forgiveness of sins they have committed after baptism, and at the same
time they are reconciled with the Church, which by sinning they wounded.
Chapter I: THE CELEBRATION OF THE SACRAMENT
Canon 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.
Canon 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 feast day 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.
Canon 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.
Canon 963 Without prejudice to the obligation mentioned in
Canon 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.
Canon 964 §1 The proper place for hearing sacramental
confessions is a church or oratory.
§2 As far as the confessional is concerned, norms are to be
issued by the Episcopal Conference, with the proviso however that confessionals,
which the faithful who so wish may freely use, are located in an open place, and
fitted with a fixed grille between the penitent and the confessor.
§3 Except for a just reason, confessions are not to be heard
elsewhere than in a confessional.
Chapter II: THE MINISTER OF THE SACRAMENT OF PENANCE
Canon 965 Only a priest is the minister of the sacrament of
penance.
Canon 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
Canon 969.
Canon 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 Canon 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 Canon. 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.
Canon 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 Canon 630 §4.
Canon 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 Canon 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.
Canon 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.
Canon 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.
Canon 972 The faculty to hear confessions may be given by the
competent authority mentioned in Canon 969, for either an indeterminate or a
determinate period of time.
Canon 973 The faculty habitually to hear confessions is to be
given in writing.
Canon 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 Canon 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.
Canon 975 Apart from revocation, the faculty mentioned in
Canon 967 §2 ceases by loss of office, by excardination, or by loss of
domicile.
Canon 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.
Canon 977 The absolution of a partner in a sin against the
sixth commandment of the Decalogue is invalid, except in danger of death.
Canon 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 honor 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.
Canon 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.
Canon 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.
Canon 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 fulfill these penances.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 986 §1 All to whom by virtue of office the care of
souls is committed, are bound to provide for the hearing of the confessions of
the faithful entrusted to them, who reasonably request confession, and they are
to provide these faithful with an opportunity to make individual confession on
days and at times arranged to suit them.
§2 In an urgent necessity, every confessor is bound to hear
the confessions of Christ’s faithful, and in danger of death every priest is
so obliged.
Chapter III: THE PENITENT
Canon 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.
Canon 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.
Canon 989 All the faithful who have reached the age of
discretion are bound faithfully to confess their grave sins at least once a
year.
Canon 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 Canon 983 §2.
Canon 991 All Christ’s faithful are free to confess their
sins to lawfully approved confessors of their own choice, even to one of another
rite.
Chapter IV: INDULGENCES
Canon 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.
Canon 993 An indulgence is partial or plenary according as it
partially or wholly frees a person from the temporal punishment due for sins.
Canon 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.
Canon 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.
Canon 996 §1 To be capable of gaining indulgences a person
must be baptized, 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 fulfill the prescribed
works at the time and in the manner determined by the terms of the grant.
Canon 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.
Canon 998 The anointing of the sick, by which the Church
commends to the suffering and glorified Lord the faithful who are dangerously
ill so that he may support and save them, is conferred by anointing them with
oil and pronouncing the words prescribed in the liturgical books.
Chapter I: THE CELEBRATION OF THE SACRAMENT
Canon 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.
Canon 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.
Canon 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.
Canon 1002 The communal celebration of anointing of the sick,
for a number of the sick together, who have been appropriately prepared and are
rightly disposed, may be held in accordance with the regulations of the diocesan
Bishop.
Chapter II: THE MINISTER OF ANOINTING OF THE SICK
Canon 1003 §1 Every priest, but only a priest, can validly
administer the anointing of the sick.
§2 All priests to whom has been committed the care of souls,
have the obligation and the right to administer the anointing of the sick to
those of the faithful entrusted to their pastoral care. For a reasonable cause,
any other priest may administer this sacrament if he has the consent, at least
presumed, of the aforementioned priest.
§3 Any priest may carry the holy oil with him, so that in a
case of necessity he can administer the sacrament of anointing of the sick.
Chapter III: THOSE TO BE ANOINTED
Canon 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.
Canon 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.
Canon 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.
Canon 1007 The anointing of the sick is not to be conferred
upon those who obstinately persist in a manifestly grave sin.
Canon 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 fulfill, in the person of
Christ the Head, the offices of teaching, sanctifying and ruling, and so they
nourish the people of God.
Canon 1009 §1 The orders are the episcopate, the priesthood
and the Diaconate.
§2 They are conferred by the imposition of hands and the
prayer of consecration which the liturgical books prescribe for each grade.
Chapter I: THE CELEBRATION OF ORDINATION AND THE MINISTER
Canon 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.
Canon 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.
Canon 1012 The minister of sacred ordination is a consecrated
Bishop.
Canon 1013 No Bishop is permitted to consecrate anyone as
Bishop, unless it is first established that a pontifical mandate has been
issued.
Canon 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.
Canon 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.
Canon 1016 In what concerns the ordination to the Diaconate
of those who intend to enroll 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.
Canon 1017 A Bishop may not confer orders outside his own
jurisdiction except with the permission of the diocesan Bishop.
Canon 1018 §1 The following can give dimissorial letters for
the secular clergy:
1° the proper Bishop mentioned in Canon 1016;
2° the apostolic Administrator; with the consent of the
college of consultors, the diocesan Administrator; with the consent of the
council mentioned in Canon 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.
Canon 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.
Canon 1020 Dimissorial letters are not to be granted unless
all the testimonials and documents required by the law in accordance with Canon.
1050 and 1051 have first been obtained.
Canon 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.
Canon 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.
Canon 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.
Chapter II: THOSE TO BE ORDAINED
Canon 1024 Only a baptized man can validly receive sacred
ordination.
Canon 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 judgment 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 Canon 1033--1039. Moreover, the documents mentioned in Canon 1050
must be to hand, and the investigation mentioned in Canon 1051 must have been
carried out.
§2 It is further required that, in the judgment of the same
lawful Superior, the candidate is considered beneficial to the ministry of the
Church.
§3 A Bishop ordaining his own subject who is destined for
the service of another diocese, must be certain that the ordinand will in fact
be attached to that other diocese.
Article 1: The Requirements in those
to be Ordained
Canon 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.
Canon 1027 Aspirants to the Diaconate and the priesthood are
to be formed by careful preparation in accordance with the law.
Canon 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.
Canon 1029 Only those are to be promoted to orders who, in
the prudent judgment 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.
Canon 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.
Canon 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.
Canon 1032 §1 Aspirants to the priesthood may be promoted to
the Diaconate only when they have completed the fifth year of the curriculum of
philosophical and theological studies.
§2 After completing the curriculum of studies and before
being promoted to the priesthood, deacons are to spend an appropriate time, to
be determined by the Bishop or by the competent major Superior, exercising the
diaconal order and taking part in the pastoral ministry.
§3 An aspirant to the permanent Diaconate is not to be
promoted to this order until he has completed the period of formation.
Article 2: Prerequisites for
Ordination
Canon 1033 Only one who has received the sacrament of sacred
confirmation may lawfully be promoted to orders.
Canon 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 Canon. 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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
Canon 1039 All who are to be promoted to any order must make
a retreat for at least five days, in a place and in the manner determined by the
Ordinary. Before he proceeds to the ordination, the Bishop must have assured
himself that the candidates have duly made the retreat.
Article 3: Irregularities and other
Impediments
Canon 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.
Canon 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 fulfill 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 willful 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.
Canon 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 Canon. 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 judgment of the Ordinary, he
has been sufficiently tested.
Canon 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.
Canon 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 Canon 1041, n.
2, if the offence is public
3° one who committed any of the offences mentioned in Canon
1041, Canon. 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 Canon 1041, n. 1, until such time as the
Ordinary, having consulted an expert, has allowed the exercise of the order in
question.
Canon 1045 Ignorance of irregularities and impediments does
not exempt from them.
Canon 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 willful homicide or from having actually procured an abortion.
Canon 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
Canon 1041, Canon. 2 and 3, if they are public;
2° an irregularity arising from the offence, whether public
or occult, mentioned in Canon 1041, n. 4;
3° the impediment mentioned in Canon 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 Canon
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.
Canon 1048 In the more urgent occult cases, if the Ordinary
or, in the case of the irregularities mentioned in Canon 1041, Canon. 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.
Canon 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 Canon 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 willful
homicide or from a procured abortion, for the validity of the dispensation even
the number of offences must be stated.
§3 A general dispensation from irregularities and
impediments to the reception of orders is valid for all orders.
Article 4: Documents required and the
Investigation
Canon 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 Canon 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
Canon 1035, and a certificate that the declaration mentioned in Canon 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.
Canon 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 behavior, 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.
Canon 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 Canon 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.
Chapter III: THE REGISTRATION AND EVIDENCE OF ORDINATION
Canon 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.
Canon 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 Canon 535 §2.
Canon 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 baptized, been raised
by Christ the Lord to the dignity of a sacrament.
§2 Consequently, a valid marriage contract cannot exist
between baptized persons without its being by that very fact a sacrament.
Canon 1056 The essential properties of marriage are unity and
indissolubility; in Christian marriage they acquire a distinctive firmness by
reason of the sacrament.
Canon 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.
Canon 1058 All can contract marriage who are not prohibited
by law.
Canon 1059 The marriage of Catholics, even if only one party
is baptized, 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.
Canon 1060 Marriage enjoys the favor of law. Consequently, in
doubt the validity of a marriage must be upheld until the contrary is proven.
Canon 1061 §1 A valid marriage between baptized 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.
Canon 1062 §1 A promise of marriage, whether unilateral or
bilateral, called an engagement, is governed by the particular law which the
Episcopal Conference has enacted, after consideration of such customs and civil
laws as may exist.
§2 No right of action to request the celebration of marriage
arises from a promise of marriage, but there does arise an action for such
reparation of damages as may be due.
Chapter I: PASTORAL CARE AND THE PREREQUISITES FOR THE
CELEBRATION OF MARRIAGE
Canon 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.
Canon 1064 It is the responsibility of the local Ordinary to
ensure that this assistance is duly organized. If it is considered opportune, he
should consult with men and women of proven experience and expertise.
Canon 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.
Canon 1066 Before a marriage takes place, it must be
established that nothing stands in the way of its valid and lawful celebration.
Canon 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.
Canon 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 baptized and free of
any impediment.
Canon 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.
Canon 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.
Canon 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 recognized 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 Canon
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 Canon 1125 have been observed.
Canon 1072 Pastors of souls are to see to it that they
dissuade young people from entering marriage before the age customarily accepted
in the region.
Chapter II: DIRIMENT IMPEDIMENTS IN GENERAL
Canon 1073 A diriment impediment renders a person incapable
of validly contracting a marriage.
Canon 1074 An impediment is said to be public, when it can be
proved in the external forum; otherwise, it is occult.
Canon 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 baptized.
Canon 1076 A custom which introduces a new impediment, or is
contrary to existing impediments, is to be reprobated.
Canon 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.
Canon 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 Canon 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.
Canon 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 Canon 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.
Canon 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 Canon 1078 §2, n. 1, is possessed by the
local Ordinary and, provided the case is occult, by all those mentioned in Canon
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.
Canon 1081 The parish priest or the priest or deacon
mentioned in Canon 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.
Canon 1082 Unless a rescript of the Penitentiary provides
otherwise, a dispensation from an occult impediment granted in the internal
nonsacramental forum, is to be recorded in the book to be kept in the secret
archive of the curia. No other dispensation for the external forum is necessary
if at a later stage the occult impediment becomes public.
Chapter III: INDIVIDUAL DIRIMENT IMPEDIMENTS
Canon 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.
Canon 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 Canon 1098,
sterility neither forbids nor invalidates a marriage.
Canon 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.
Canon 1086 §1 A marriage is invalid when one of the two
persons was baptized in the Catholic Church or received into it and has not by a
formal act defected from it, and the other was not baptized.
§2 This impediment is not to be dispensed unless the
conditions mentioned in Canon. 1125 and 1126 have been fulfilled.
§3 If at the time the marriage was contracted one party was
commonly understood to be baptized, or if his or her baptism was doubtful, the
validity of the marriage is to be presumed in accordance with Canon 1060, until
it is established with certainty that one party was baptized and the other was
not.
Canon 1087 Those who are in sacred orders invalidly attempt
marriage.
Canon 1088 Those who are bound by a public perpetual vow of
chastity in a religious institute invalidly attempt marriage.
Canon 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.
Canon 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.
Canon 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.
Canon 1092 Affinity in any degree of the direct line
invalidates marriage.
Canon 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.
Canon 1094 Those who are legally related by reason of
adoption cannot validly marry each other if their relationship is in the direct
line or in the second degree of the collateral line.
Chapter IV: MATRIMONIAL CONSENT
Canon 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
judgment 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1100 Knowledge of or opinion about the nullity of a
marriage does not necessarily exclude matrimonial consent.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1107 Even if a marriage has been entered into invalidly
by reason of an impediment or defect of form, the consent given is presumed to
persist until its withdrawal has been established.
Chapter V: THE FORM OF THE CELEBRATION OF MARRIAGE
Canon 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 Canon.
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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1117 The form prescribed above is to be observed if at
least one of the parties contracting marriage was baptized in the Catholic
Church or received into it and has not by a formal act defected from it, without
prejudice to the provisions of Canon 1127 §2.
Canon 1118 §1 A marriage between Catholics, or between a
Catholic party and a baptized 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 unbaptized
party may be celebrated in a church or in another suitable place.
Canon 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.
Canon 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.
Canon 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
Canon 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 celebrated, indicating also the
place of celebration and the public form which was observed.
Canon 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.
Canon 1123 Whenever a marriage is validated for the external
forum, or declared invalid, or lawfully dissolved other than by death, the
parish priest of the place of the celebration of the marriage must be informed,
so that an entry may be duly made in the registers of marriage and of baptism.
Chapter VI: MIXED MARRIAGES
Canon 1124 Without the express permission of the competent
authority, marriage is prohibited between two baptized persons, one of whom was
baptized 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.
Canon 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 baptized
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
contactant.
Canon 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.
Canon 1127 §1 The provisions of Canon 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.
Canon 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 fulfill their obligations; they are
also to assist the spouses to foster the unity of conjugal and family life.
Canon 1129 The provisions of Canon. 1127 and 1128 are to be
applied also to marriages which are impeded by the impediment of disparity of
worship mentioned in Canon 1086 §1.
Chapter VII: THE SECRET CELEBRATION OF MARRIAGE
Canon 1130 For a grave and urgent reason, the local Ordinary
may permit that a marriage be celebrated in secret.
Canon 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.
Canon 1132 The obligation of observing the secret mentioned
in Canon 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.
Canon 1133 A marriage celebrated in secret is to be recorded
only in a special register which is to be kept in the secret archive of the
curia.
Chapter VIII: THE EFFECTS OF MARRIAGE
Canon 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.
Canon 1135 Each spouse has an equal obligation and right to
whatever pertains to the partnership of conjugal life.
Canon 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.
Canon 1137 Children who are conceived or born of a valid or
of a putative marriage are legitimate.
Canon 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.
Canon 1139 Illegitimate children are legitimated by the
subsequent marriage of their parents, whether valid or putative, or by a
rescript of the Holy See.
Canon 1140 As far as canonical effects are concerned,
legitimated children are equivalent to legitimate children in all respects,
unless it is otherwise expressly provided by the law.
Chapter IX: THE SEPARATION OF THE SPOUSES
Article 1: The Dissolution of the Bond
Canon 1141 A marriage which is ratified and consummated
cannot be dissolved by any human power or by any cause other than death.
Canon 1142 A non-consummated marriage between baptized
persons or between a baptized party and an unbaptized 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.
Canon 1143 §1 In virtue of the Pauline privilege, a marriage
entered into by two unbaptized persons is dissolved in favor 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 unbaptized party departs.
§2 The unbaptized party is considered to depart if he or she
is unwilling to live with the baptized party, or to live peacefully without
offence to the Creator, unless the baptized party has, after the reception of
baptism, given the other just cause to depart.
Canon 1144 §1 For the baptized person validly to contract a
new marriage, the unbaptized 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
baptized 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.
Canon 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.
Canon 1146 The baptized 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 unbaptized 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 Canon. 1144 and 1145.
Canon 1147 However, the local Ordinary can for a grave reason
allow the baptized party, using the Pauline privilege, to contract marriage with
a non-Catholic party, whether baptized or unbaptized; in this case, the
provisions of the Canons on mixed marriages must also be observed.
Canon 1148 §1 When an unbaptized man who simultaneously has
a number of unbaptized 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 unbaptized
woman who simultaneously has a number of unbaptized 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.
Canon 1149 An unbaptized person who, having received baptism
in the Catholic Church, cannot re-establish cohabitation with his or her
unbaptized 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 Canon 1141.
Canon 1150 In a doubtful matter the privilege of the faith
enjoys the favor of law.
Article 2: Separation while the Bond
remains
Canon 1151 Spouses have the obligation and the right to
maintain their common conjugal life, unless a lawful reason excuses them.
Canon 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.
Canon 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.
Canon 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.
Canon 1155 The innocent spouse may laudably readmit the other
spouse to the conjugal life, in which case he or she renounces the right to
separation .
Chapter X: THE VALIDATION OF MARRIAGE
Article 1: Simple Validation
Canon 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.
Canon 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.
Canon 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 Canon 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.
Canon 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.
Canon 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 Canon 1127 §3[].
Article 2: Retroactive Validation
Canon 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 favor 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canon 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 Canon 1078 §2, or if there is question of an
impediment of the natural law or of the divine positive law which has now
ceased.
Canon 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.
Canon 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.
Canon 1168 The minister of the sacramentals is a cleric who
has the requisite power. In accordance with the liturgical books and subject to
the judgment of the local Ordinary, certain sacramentals can also be
administered by lay people who possess the appropriate qualities.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1173 In fulfillment 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.
Canon 1174 §1 Clerics are obliged to recite the liturgy of
the hours, in accordance with Canon 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.
Canon 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.
Canon 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 honors their bodies, and at the same time it
brings to the living the comfort of hope.
§3 The Church earnestly recommends that the pious custom of
burial be retained; but it does not forbid cremation, unless this is chosen for
reasons which are contrary to Christian teaching.
Chapter I: THE CELEBRATION OF FUNERALS
Canon 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.
Canon 1178 The funeral ceremonies of a diocesan Bishop are to
be celebrated in his own cathedral church, unless he himself has chosen another
church.
Canon 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.
Canon 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.
Canon 1181 The provisions of Canon 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.
Canon 1182 After the burial an entry is to be made in the
register of the dead, in accordance with particular law.
Chapter II: THOSE TO WHOM CHURCH FUNERALS ARE TO BE ALLOWED
OR DENIED
Canon 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 baptized
but who died before baptism, may be allowed Church funeral rites by the local
Ordinary.
§3 Provided their own minister is not available, baptized
persons belonging to a non-Catholic Church or ecclesial community may, in
accordance with the prudent judgment of the local Ordinary, be allowed Church
funeral rites, unless it is established that they did not wish this.
Canon 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 judgment followed.
Canon 1185 Any form of funeral Mass is also to be denied to a
person who has been excluded from a Church funeral.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Chapter I: VOWS
Canon 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.
Canon 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 recognized 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.
Canon 1193 Of its nature a vow obliges only the person who
makes it.
Canon 1194 A vow ceases by lapse of the time specified for
the fulfillment 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.
Canon 1195 A person who has power over the matter of a vow
can suspend the obligation of the vow for such time as the fulfillment of the
vow would affect that person adversely.
Canon 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.
Canon 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 Canon 1196.
Canon 1198 Vows taken before religious profession are
suspended as long as the person who made the vow remains in the religious
institute.
Chapter II: OATHS
Canon 1199 §1 An oath is the invocation of the divine Name
as witness to the truth. It cannot be taken except in truth, judgment and
justice.
§2 An oath which is required or accepted by the Canons
cannot validly be taken by proxy.
Canon 1200 §1 A person who freely swears on oath to do
something is specially obliged by the virtue of religion to fulfill 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.
Canon 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.
Canon 1202 §1 The obligation of a promissory oath ceases:
1° if it is remitted by the person in whose favor 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 Canon
1203.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1209 The dedication or the blessing of a place is
sufficiently established even by a single unexceptionable witness, provided no
one is harmed thereby.
Canon 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.
Canon 1211 Sacred places are desecrated by acts done in them
which are gravely injurious and give scandal to the faithful when, in the
judgment 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.
Canon 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.
Canon 1213 Ecclesiastical authority freely exercises its
powers and functions in sacred places.
Chapter I: CHURCHES
Canon 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.
Canon 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 neighboring 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.
Canon 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.
Canon 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.
Canon 1218 Each church is to have its own title. Once the
church has been dedicated this title cannot be changed.
Canon 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.
Canon 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.
Canon 1221 Entry to a church at the hours of sacred functions
is to be open and free of charge.
Canon 1222 §1 If a church cannot in any way be used for
divine worship and there is no possibility of its being restored, the diocesan
Bishop may allow it to be used for some secular but not unbecoming purpose.
§2 Where other grave reasons suggest that a particular
church should no longer be used for divine worship, the diocesan Bishop may
allow it to be used for a secular but not unbecoming purpose. Before doing so,
he must consult the council of priests; he must also have the consent of those
who could lawfully claim rights over that church, and be sure that the good of
souls would not be harmed by the transfer.
Chapter II: ORATORIES AND PRIVATE CHAPELS
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1227 Bishops can set up for their own use a private
chapel which enjoys the same rights as an oratory.
Canon 1228 Without prejudice to the provision of Canon 1227,
the permission of the local Ordinary is required for the celebration of Mass and
of other sacred functions in any private chapel.
Canon 1229 It is appropriate that oratories and private
chapels be blessed according to the rite prescribed in the liturgical books.
They must, however, be reserved for divine worship only and be freed from all
domestic use.
Chapter III: SHRINES
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1234 §1 At shrines the means of salvation are to be
more abundantly made available to the faithful: by sedulous proclamation of the
word of God, by suitable encouragement of liturgical life, especially by the
celebration of the Eucharist and penance, and by the fostering of approved forms
of popular devotion.
§2 In shrines or in places adjacent to them, votive
offerings of popular art and devotion are to be displayed and carefully
safeguarded.
Chapter IV: ALTARS
Canon 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.
Canon 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.
Canon 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.
Canon 1238 §1 An altar loses its dedication or blessing in
accordance with Canon 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.
Canon 1239 §1 An altar, whether fixed or movable, is to be
reserved for divine worship alone, to the exclusion of any secular usage.
§2 No corpse is to be buried beneath an altar; otherwise, it
is not lawful to celebrate Mass at that altar.
Chapter V: CEMETERIES
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canon 1246 §2.
§2 Diocesan Bishops can proclaim special holydays or days of
penance for their own dioceses or territories, but only for individual
occasions.
Canon 1245 Without prejudice to the right of diocesan Bishops
as in Canon 87, a parish priest, in individual cases, for a just reason and in
accordance with the prescriptions of the diocesan Bishop, can give a
dispensation from the obligation of observing a holyday or day of penance, or
commute the obligation into some other pious works. The Superior of a pontifical
clerical religious institute or society of apostolic life has the same power in
respect of his own subjects and of those who reside day and night in a house of
the institute or society.
Chapter I: FEAST DAYS
Canon 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.
Canon 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.
Canon 1248 §1 The obligation of assisting at Mass is
satisfied wherever Mass is celebrated in a Catholic rite either on a holyday
itself or on the evening of the previous day.
§2 If it is impossible to assist at a eucharistic
celebration, either because no sacred minister is available or for some other
grave reason, the faithful are strongly recommended to take part in a liturgy of
the Word, if there be such in the parish church or some other sacred place,
which is celebrated in accordance with the provisions laid down by the diocesan
Bishop; or to spend an appropriate time in prayer, whether personally or as a
family or, as occasion presents, in a group of families.
Chapter II: DAYS OF PENANCE
Canon 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.
Canon 1250 The days and times of penance for the universal
Church are each Friday of the whole year and the season of Lent.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1256 Under the supreme authority of the Roman Pontiff,
ownership of goods belongs to that juridical person which has lawfully acquired
them.
Canon 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.
Canon 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.
Canon 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.
Canon 1260 The Church has the inherent right to require from
the faithful whatever is necessary for its proper objectives.
Canon 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 Canon 222 §1, and in an appropriate manner to urge
it.
Canon 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.
Canon 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.
Canon 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 favor, 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.
Canon 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’.
Canon 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.
Canon 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 Canon 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.
Canon 1268 The Church recognizes prescription, in accordance
with Canon. 197-199, as a means both of acquiring temporal goods and of being
freed from their obligations.
Canon 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.
Canon 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.
Canon 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.
Canon 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
Canon 1274 §1.
Canon 1273 The Roman Pontiff, by virtue of his primacy of
governance, is the supreme administrator and steward of all ecclesiastical
goods.
Canon 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 Canon 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 organized 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 fulfill 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1278 Besides the duties mentioned in Canon 494 §§3
and 4, the diocesan Bishop may also entrust to the financial administrator the
duties mentioned in Canon 1276 §1 and Canon 1279 §2.
Canon 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.
Canon 1280 Every juridical person is to have its own finance
committee, or at least two counselors, who are to assist in the performance of
the administrator’s duties, in accordance with the statutes.
Canon 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.
Canon 1282 All persons, whether clerics or laity, who
lawfully take part in the administration of ecclesiastical goods, are bound to
fulfill their duties in the name of the Church, in accordance with the law.
Canon 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.
Canon 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.
Canon 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.
Canon 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 labor 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1290 Without prejudice to Canon 1547[], whatever the
local civil law decrees about contracts, both generally and specifically, and
about the voiding of contracts, is to be observed regarding goods which are
subject to the power of governance of the Church, and with the same effect,
provided that the civil law is not contrary to divine law, and that Canon law
does not provide otherwise.
Canon 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.
Canon 1292 §1 Without prejudice to the provision of Canon
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.
Canon 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.
Canon 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.
Canon 1295 The provisions of Canon 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 jeopardized.
Canon 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.
Canon 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.
Canon 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.
Canon 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 favor 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
fulfill the intention of the testator.
Canon 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 Canon 1301 §3.
Canon 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.
Canon 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 Canon 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.
Canon 1303 §1 In law the term pious foundation comprises:
1° autonomous pious foundations, that is, aggregates of
things destined for the purposes described in Canon 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
fulfill the purposes mentioned in Canon 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 Canon 1274 §1, unless
some other intention was expressly manifested by the donor. Otherwise, the goods
fall to the juridical person itself.
Canon 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.
Canon 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 judgment of the Ordinary when he has consulted
those concerned and his own finance committee.
Canon 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.
Canon 1307 §1 When the provisions of Canon 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 Canon 958 §1, another
book is to be kept by the parish priest or rector, in which each of the
obligations, their fulfillment and the offering given, is to be recorded.
Canon 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.
Canon 1309 Where a fitting reason exists, the authorities
mentioned in Canon 1308 have the power to transfer Mass obligations to days,
churches or altars other than those determined in the foundation.
Canon 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 Canon 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
Canon 1311 The Church has its own inherent right to constrain
with penal sanctions Christ’s faithful who commit offences.
Canon 1312 §1 The penal sanctions in the Church are:
1° medicinal penalties or censures, which are listed in
Canon 1331-1333;
2° expiatory penalties, mentioned in Canon 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.
Canon 1313 §1 If a law is changed after an offence has been
committed, the law more favorable to the offender is to be applied.
§2 If a later law removes a law, or at least a penalty, the
penalty immediately lapses.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canon 1317 and 1318 concerning particular laws have been observed.
Canon 1320 In all matters in which they come under the
authority of the local Ordinary, religious can be constrained by him with
penalties.
Canon 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.
Canon 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.
Canon 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
chance occurrence 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-defense or defense of another against an unjust aggressor;
6° lacked the use of reason, without prejudice to the
provisions of Canon 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.
Canon 1324 §1 The perpetrator 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 by reason 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-defense or defense 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 Canon 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.
Canon 1325 Ignorance which is crass or supine or affected can
never be taken into account when applying the provisions of Canon 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.
Canon 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.
Canon 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 Canon 1323--1326. Likewise,
circumstances may be determined in a precept which excuse from, attenuate or
aggravate the penalty constituted in the precept.
Canon 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.
Canon 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.
Canon 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.
Chapter I: CENSURES
Canon 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
accordance with §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.
Canon 1332 One who is under interdict is obliged by the
prohibition of Canon 1331 §1, nn. 1 and 2- if the interdict was imposed or
declared, the provision of Canon 1331 §2, n. 1 is to be observed.
Canon 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 to an office.
§2 In a law or a precept it may be prescribed that, after a
judgment 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.
Canon 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 judgment 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 Canon 1333 §1.
Canon 1335 If a censure prohibits the celebration of the
sacraments or sacramentals or the exercise of a power of governance, the
prohibition is suspended whenever this is necessary to provide for the faithful
who are in danger of death. If a latae sententiae censure has not been declared,
the prohibition is also suspended whenever one of the faithful requests a
sacrament or sacramental or an act of the power of governance; for any just
reason it is lawful to make such a request.
Chapter II: EXPIATORY PENALTIES
Canon 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, favor, 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.
Canon 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.
Canon 1338 §1 The deprivations and prohibitions enumerated
in Canon 1336 §1, nn. 2 and 3 never affect powers, offices, functions, rights,
privileges, faculties, favors, 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 Canon 1335 is to be
observed in regard to the prohibitions mentioned in Canon 1336 §1, n. 3.
Chapter III: PENAL REMEDIES AND PENANCES
Canon 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 behavior 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.
Canon 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 judgment, the Ordinary may add
penances to the penal remedy of warning or correction.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1352 An appeal or a recourse against judgments of a
court or against decrees which impose or declare any penalty, has a suspensive
effect.
Canon 1354 §1 Besides those who are enumerated in Canon
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.
Canon 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.
Canon 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.
Canon 1357 §1 Without prejudice to the provisions of Canon
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 Canon 976 have had remitted an imposed or
declared censure or one reserved to the Holy See.
Canon 1358 §1 The remission of a censure cannot be granted
except to an offender whose contempt has been purged in accordance with Canon
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 Canon 1348, and can also impose a penance.
Canon 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.
Canon 1360 The remission of a penalty extorted by grave fear
is invalid
Canon 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.
Canon 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
Canon 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.
Canon 1363 §1 An action to execute a penalty is extinguished
by prescription if the judge’s decree of execution mentioned in Canon 1651 was
not notified to the offender within the periods mentioned in Canon 1362; these
periods are to be reckoned from the day the condemnatory judgment became an
adjudged matter.
§2 The same applies, with the necessary adjustments, if the
penalty was imposed by an extra-judicial decree.
Canon 1364 §1 An apostate from the faith, a heretic or a
schismatic incurs a latae sententiae excommunication, without prejudice to the
provision of Canon 194 §1, n. 2; a cleric, moreover, may be punished with the
penalties mentioned in Canon 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.
Canon 1365 One who is guilty of prohibited participation in
religious rites is to be punished with a just penalty.
Canon 1366 Parents, and those taking the place of parents,
who hand over their children to be baptized or brought up in a non-Catholic
religion, are to be punished with a censure or other just penalty.
Canon 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.
Canon 1368 A person who, in asserting or promising something
before an ecclesiastical authority, commits perjury, is to be punished with a
just penalty.
Canon 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.
Canon 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.
Canon 1371 The following are to be punished with a just
penalty:
1° a person who, apart from the case mentioned in Canon 1364
§1, teaches a doctrine condemned by the Roman Pontiff, or by an Ecumenical
Council, or obstinately rejects the teaching mentioned in Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1376 A person who profanes a sacred object, moveable or
immovable, is to be punished with a just penalty.
Canon 1377 A person who without the prescribed permission
alienates ecclesiastical goods, is to be punished with a just penalty.
Canon 1378 §1 A priest who acts against the prescription of
Canon 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.
Canon 1379 A person who, apart from the cases mentioned in
Canon 1378, pretends to administer a sacrament, is to be punished with a just
penalty.
Canon 1380 A person who through simony celebrates or receives
a sacrament, is to be punished with an interdict or suspension.
Canon 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.
Canon 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.
Canon 1383 A Bishop who, contrary to the provision of Canon
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.
Canon 1384 A person who, apart from the cases mentioned in
Canon 1378-1383, unlawfully exercises the office of a priest or another sacred
ministry, may be punished with a just penalty.
Canon 1385 A person who unlawfully traffics in Mass offerings
is to be punished with a censure or other just penalty.
Canon 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.
Canon 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.
Canon 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 Canon 983 §2,
who violate the secret, are to be punished with a just penalty, not excluding
excommunication.
Canon 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.
Canon 1390 §1 A person who falsely denounces a confessor of
the offence mentioned in Canon 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.
Canon 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 or altered document;
3° a person who, in a public ecclesiastical document,
asserts something false.
Canon 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.
Canon 1393 A person who violates obligations imposed by a
penalty, can be punished with a just penalty.
Canon 1394 §1 Without prejudice to the provisions of Canon
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 Canon 694, a
religious in perpetual vows who is not a cleric but who attempts marriage, even
if only civilly, incurs a latae sententiae interdict .
Canon 1395 §1 Apart from the case mentioned in Canon 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.
Canon 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.
Canon 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 Canon 1336. In the case of the murder of one of those
persons mentioned in Canon 1370, the offender is punished with the penalties
there prescribed.
Canon 1398 A person who actually procures an abortion incurs
a latae sententiae excommunication.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1403 §1 Cases for the canonization 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.
Canon 1404 The First See is judged by no one.
Canon 1405 §1 In the cases mentioned in Canon 1401, the
Roman Pontiff alone has the right to judge:
1° Heads of State;
2° Cardinals;
3° Legates of the Apostolic See and, in penal cases, Bishops
4° other cases which he has reserved to himself.
§2 A judge cannot review an act or instrument which the
Roman Pontiff has specifically confirmed, except by his prior mandate.
§3 It is reserved to the Roman Rota to judge:
1° Bishops in contentious cases, without prejudice to Canon
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.
Canon 1406 §1 If the provision of Canon 1404 is violated,
the acts and decisions are invalid.
§2 In the cases mentioned in Canon 1405, the non-competence
of other judges is absolute.
Canon 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 Canon 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.
Canon 1408 Anyone can be brought to trial before the tribunal
of domicile or quasi-domicile.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canons. 1408-1409. If, however, only the execution of the legacy is
involved, the ordinary norms of competence are to be followed.
Canon 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.
Canon 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.
Canon 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.
Canon 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 judgment, unless the Apostolic See has indicated to him
that it has reserved the case to itself.
Canon 1418 Every tribunal has the right to call on other
tribunals for assistance in instructing a case or in communicating acts.
Chapter I: THE TRIBUNAL OF FIRST INSTANCE
Article 1: The Judge
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canon 1420 §5. They cannot be removed from office
except for a lawful and grave reason.
Canon 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 Canon
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.
Canon 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.
Canon 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 Canon 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 judgment 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.
Canon 1426 §1 A collegiate tribunal must proceed in a
collegiate fashion and give its judgment by majority vote.
§2 As far as possible, the judicial Vicar or an associate
judicial Vicar must preside over the collegiate tribunal.
Canon 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.
Article 2: Auditors and Relators
Canon 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.
Canon 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
judgment in writing. For a just reason the presiding judge can substitute
another person in the place of the ‘ponens’.
Article 3: The Promoter of Justice, the Defender of the Bond
and the Notary
Canon 1430 A promoter 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 promoter is bound by office to safeguard the public good.
Canon 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 promoter of justice, or this is clearly
necessary from the nature of things.
§2 If the promoter of justice has intervened at an earlier
instance of a trial, this intervention is presumed to be necessary at a
subsequent instance.
Canon 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.
Canon 1433 In cases in which the presence of the promoter of
justice or of the defender of the bond is required, the acts are invalid if they
were not summoned. This does not apply if, although not summoned, they were in
fact present or, having studied the acts, able to fulfill their role at least
before the judgment.
Canon 1434 Unless otherwise expressly provided:
1° whenever the law directs that the judge is to hear the
parties or either of them, the promoter of justice and the defender of the bond
are also to be heard if they are present;
2° whenever, at the submission of a party, the judge is
required to decide some matter, the submission of the promoter of justice or of
the defender of the bond engaged in the trial has equal weight.
Canon 1435 It is the Bishop’s responsibility to appoint the
promoter of justice and defender of the bond. They are to be clerics or lay
persons of good repute, with a doctorate or a licentiate in Canon law, and of
proven prudence and zeal for justice.
Canon 1436 §1 The same person can hold the office of
promoter of justice and defender of the bond, although not in the same case.
§2 The promoter 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.
Canon 1437 §1 A notary is to be present at every hearing, so
much so that the acts are null unless signed by the notary.
§2 Acts drawn up by notaries constitute public proof.
Chapter II: THE TRIBUNAL OF SECOND INSTANCE
Canon 1438 Without prejudice to the provision of Canon 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 Canon 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.
Canon 1439 §1 If a single tribunal of first instance has
been constituted for several dioceses, in accordance with the norm of Canon
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.
Canon 1440 If competence by reason of the grade of trial, in
accordance with the provisions of Canon 1438 and 1439, is not observed, then the
non-competence of the judge is absolute.
Canon 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 judgment in first instance in accordance with Canon 1425
§4, the second instance tribunal is to act collegially.
Chapter III: THE TRIBUNALS OF THE APOSTOLIC SEE
Canon 1442 The Roman Pontiff is the supreme judge for the
whole Catholic world. He gives judgment either personally, or through the
ordinary tribunals of the Apostolic See, or through judges whom he delegates.
Canon 1443 The ordinary tribunal constituted by the Roman
Pontiff to receive appeals is the Roman Rota.
Canon 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 Canon 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.
Canon 1445 §1 The supreme Tribunal of the Apostolic
Signatura hears:
1° plaints of nullity, petitions for total reinstatement and
other recourses against rotal judgments;
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 Canon 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 Canon 1423 and 1439.
Chapter I: THE DUTIES OF THE JUDGES AND OF THE OFFICERS OF
THE TRIBUNAL
Canon 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 rancor.
§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 judgment by an arbitrator, in
accordance with the norms of Canon 1717-1720[], might usefully serve to resolve
the controversy.
Canon 1447 Any person involved in a case as judge, promoter
of justice, defender of the bond, procurator, advocate, witness or expert cannot
subsequently, in another instance, validly determine the same case as a judge or
exercise the role of assessor in it.
Canon 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 promoter of justice, the defender of the bond, the
assessor and the auditor must likewise refrain from exercising their offices in
these circumstances.
Canon 1449 §1 In the cases mentioned in Canon 1448, if the
judge himself does not refrain from exercising his office, a party may object to
him.
§2 The judicial Vicar is to deal with this objection. If the
objection is directed against the judicial Vicar himself, the Bishop in charge
of the tribunal is to deal with the matter.
§3 If the Bishop is the judge and the objection is directed
against him, he is to refrain from judging.
§4 If the objection is directed against the promoter of
justice, the defender of the bond or any other officer of the tribunal, it is to
be dealt
with by the presiding judge of a collegial tribunal, or by
the sole judge if there is only one.
Canon 1450 If the objection is upheld, the persons in
question are to be changed, but not the grade of trial.
Canon 1451 §1 The objection is to be decided with maximum
expedition, after hearing the parties, the promoter of justice or the defender
of the bond, if they are engaged in the trial and the objection is not directed
against them.
§2 Acts performed by a judge before being objected to are
valid. Acts performed after the objection has been lodged must be rescinded if a
party requests this within ten days of the admission of the objection.
Canon 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 judgment, without
prejudice to the provisions of Canon 1600.
Canon 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.
Canon 1454 All who constitute a tribunal or assist in it must
take an oath to exercise their office properly and faithfully.
Canon 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 judgment, and
concerning the various votes and opinions expressed there, without prejudice to
the provisions of Canon 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.
Canon 1456 The judge and all who work in the tribunal are
forbidden to accept any gifts on the occasion of a trial.
Canon 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 judgment; if,
with no legal support, they declare themselves competent and hear and determine
cases; if they breach the law of secrecy; or if, through deceit or serious
negligence, they cause harm to the litigants.
§2 Tribunal officers and assistants are subject to the same
penalties if they fail in their duty as above. The judge also has the power to
punish them.
Chapter II: THE ORDERING OF THE HEARING
Canon 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.
Canon 1459 §1 Defects which can render the judgment 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1464 Questions concerning the guarantee of judicial
expenses or the grant of free legal aid which has been requested from the very
beginning of the process, and other similar matters, are normally to be settled
before the joinder of the issue
Chapter III: TIME LIMITS AND POSTPONEMENTS
Canon 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.
Canon 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.
Canon 1467 If the day appointed for a judicial action is a
holiday, the fixed term is considered to be postponed to the first subsequent
day which is not a holiday.
Chapter IV: THE PLACE OF TRIAL
Canon 1468 As far as possible, the place where each tribunal
sits is to be an established office which is open at stated times.
Canon 1469 §1 A judge who is forcibly expelled from his
territory or prevented from exercising jurisdiction there, can exercise his
jurisdiction and deliver judgment outside the territory. The diocesan Bishop is,
however, to be informed of the matter.
§2 Apart from the circumstances mentioned in §1, the judge,
for a just reason and after hearing the parties, can go outside his own
territory to gather evidence. This is to be done with the permission of, and in
a place designated by, the diocesan Bishop of the place to which he goes.
Chapter V: THOSE WHO MAY BE ADMITTED TO THE COURT AND THE
MANNER OF COMPILING AND PRESERVING THE ACTS
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Chapter I: THE PLAINTIFF AND THE RESPONDENT
Canon 1476 Any person, baptized or unbaptized, can plead
before a court. A person lawfully brought to trial must respond.
Canon 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.
Canon 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.
Canon 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.
Canon 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 juridical persons subject to his authority.
Chapter II: PROCURATORS AND ADVOCATES
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 judgment has been given, the right and
duty to appeal lie with the procurator, unless the mandating party refuses.
Canon 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.
Canon 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 favorably by other
tribunals.
Canon 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.
Canon 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.
Chapter I: ACTIONS AND EXCEPTIONS IN GENERAL
Canon 1491 Every right is reinforced not only by an action,
unless otherwise expressly provided, but also by an exception.
Canon 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 Canon 1462, an
exception is always possible, and is of its nature perpetual.
Canon 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.
Canon 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.
Canon 1495 The counter action is to be proposed to the judge
before whom the original action was initiated, even though he has been delegated
for one case only, or is otherwise relatively non-competent.
Chapter II: ACTIONS AND EXCEPTIONS IN PARTICULAR
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Chapter I: THE PETITION INTRODUCING THE SUIT
Canon 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 promoter of justice.
Canon 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.
Canon 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.
Canon 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.
Canon 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 Canon 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.
Canon 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 Canon 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.
Chapter II: THE SUMMONS AND THE INTIMATION OF JUDICIAL ACTS
Canon 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 Canon 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.
Canon 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.
Canon 1509 §1 With due regard to the norms laid down by
particular law, the notification of summonses, decrees, judgments 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.
Canon 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.
Canon 1511 Without prejudice to the provision of Canon 1507
§3, if a summons has not been lawfully communicated, the acts of the process
are null.
Canon 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’.
Canon 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 judgment 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.
Canon 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.
Canon 1515 Once the joinder of the issue has occurred, the
possessor of another’s property ceases to be in good faith. If, therefore, the
judgment 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.
Canon 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.
Canon 1517 The trial of the issue is initiated by the
summons. It is concluded not only by the pronouncement of the definitive
judgment, but also by other means determined by law.
Canon 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
the remaining steps of the case, having first summoned the procurator, if there
is one, or else the heir or the successor of the deceased.
Canon 1519 §1 If the guardian or the curator or the
procurator required in accordance with Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1523 When a trial has been abated, the litigants are to
bear the expenses which each has incurred.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 1529 Unless there is a grave reason, the judge is not
to proceed to collect the proofs before the joinder of the issue.
Chapter I: THE DECLARATIONS OF THE PARTIES
Canon 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.
Canon 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.
Canon 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.
Canon 1533 The parties, the promoter of justice and the
defender of the bond may submit to the judge propositions upon which a party is
to be questioned.
Canon 1534 The provisions of Canon 15482, n. 1, 1552 and
1558-1565 concerning witnesses are to be observed, with the appropriate
qualifications, in the questioning of the parties.
Canon 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.
Canon 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.
Canon 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.
Canon 1538 A confession, or any other declaration of a party,
is devoid of all force if clearly shown to be based on an error of fact or to
have been extracted by force or grave fear.
Chapter II: DOCUMENTARY PROOF
Canon 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
Canon 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.
Canon 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.
Canon 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 Canon 1536 §2.
Canon 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
Canon 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.
Canon 1545 The judge can direct that a document common to
each of the parties is to be submitted in the process.
Canon 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 Canon 1548 §2, n. 2, or without the danger of violating a secret
which is to be observed.
§2 If, however, at least an extract from a document can be
transcribed and submitted in copy without the disadvantages mentioned, the judge
can direct that it be produced in that form.
Chapter III: WITNESSES AND TESTIMONY
Canon 1547 Proof by means of witnesses is admitted in all
cases, under the direction of the judge.
Canon 1548 §1 Witnesses must tell the truth to a judge who
lawfully questions them.
§2 Without prejudice to the provisions of Canon 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
Canon 1549 Everyone can be a witness, unless expressly
excluded, whether wholly or in part, by the law.
Canon 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
Canon 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.
Canon 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.
Canon 1553 It is for the judge to curb an excessive number of
witnesses.
Canon 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.
Canon 1555 Without prejudice to the provisions of Canon 1550,
a party may request that a witness be excluded, provided a just reason for
exclusion is established before the witness is examined.
Canon 1556 The summons of a witness is effected by a decree
of the judge lawfully notified to the witness.
Canon 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
Canon 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 favor, are to be heard at the place selected by
themselves.
§3 Without prejudice to the provisions of Canon 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.
Canon 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.
Canon 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.
Canon 1561 The examination of a witness is conducted by the
judge, or by his delegate or an auditor, who is to be attended by a notary.
Accordingly, unless particular law provides otherwise, if the parties or the
promoter of justice or the defender of the bond or the advocates who are present
at the hearing have additional questions to put to the witness, they are to
propose these not to the witness, but to the judge, or to the one who is taking
the judge’s place, so that he or she may put them.
Canon 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 Canon 1532. If, however, a witness refuses to take an oath, he
or she is to be heard unsworn.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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
Canon 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 if it was something seen or heard personally, or whether it was
opinion, rumor 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.
Canon 1573 The deposition of one witness cannot amount to
full proof, unless the witness is a qualified one who gives evidence on matters
carried out in an official capacity, or unless the circumstances of persons and
things persuade otherwise.
Chapter IV: EXPERTS
Canon 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.
Canon 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.
Canon 1576 Experts can be excluded or objected to for the
same reasons as witnesses.
Canon 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.
Canon 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.
Canon 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.
Canon 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.
Canon 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 fulfill their role. They can always submit
their reports.
Chapter V: JUDICIAL ACCESS AND INSPECTION
Canon 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.
Canon 1583 After the inspection has been carried out, a
document concerning it is to be drawn up.
Chapter VI: PRESUMPTIONS
Canon 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.
Canon 1585 A person with a presumption of law in his or her
favor is freed from the onus of proof, which then falls on the other party.
Canon 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.
Canon 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.
Canon 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.
Canon 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 judgment or by a decree.
§2 If, however, he concludes that the incidental matter is
not to be decided before the definitive judgment, he is to determine that
account be taken of it when the principal matter is decided.
Canon 1590 §1 If the incidental matter is to be decided by
judgment, 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.
Canon 1591 Before the principal matter is concluded, the
judge or the tribunal may for a just reason revoke or alter an interlocutory
judgment or decree. This can be done either at the request of a party or ex
officio by the judge after he has heard the parties.
Chapter I: THE NON-APPEARANCE OF PARTIES
Canon 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 Canon 1507 §1, the judge is to declare the person
absent from the process, and decree that the case is to proceed to the
definitive judgment 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.
Canon 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 Canon 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 judgment; 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.
Canon 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 Canon 1524--1525;
3° if the plaintiff should want to intervene at a subsequent
stage in the process, the provisions of Canon 1593 are to be observed.
Canon 1595 §1 A party, whether plaintiff or respondent, who
is absent from the trial, and who does not establish the existence of a just
impediment, is bound to pay the expenses which have been incurred in the case
because of this absence, and also, if need be, to indemnify the other party.
§2 If both the plaintiff and the respondent were absent from
the trial, they are jointly bound to pay the expenses of the case.
Chapter II: THE INTERVENTION OF A THIRD PARTY IN A CASE
Canon 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.
Canon 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.
Canon 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 defense
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.
Canon 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.
Canon 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 judgment will be unjust for any of the reasons
mentioned in Canon 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 Canon 1598
§1.
Canon 1601 When the case has been concluded, the judge is to
determine a suitable period of time for the presentation of pleadings and
observations.
Canon 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.
Canon 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 promoter of justice and the defender of the bond have
the right to respond to every reply of the parties.
Canon 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.
Canon 1605 The notary is to be present at the oral discussion
mentioned in Canon 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.
Canon 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 judgment at
once. He must, however, seek the observations of the promoter of justice and the
defender of the bond if they were engaged in the trial.
Canon 1607 A principal case which has been dealt with in
judicial fashion is decided by the judge by a definitive judgment. An incidental
matter is decided by an interlocutory judgment, without prejudice to Canon 1589
Canon 1608 §1 To give any judgment, the judge must have in
his mind moral certainty about the matter to be decided in the judgment.
§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 favor of law, when he is to
pronounce in its favor.
Canon 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 judgment.
§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 Canon 1600.
Canon 1610 §1 If there is a sole judge, he will draw up the
judgment.
§2 In a collegiate tribunal, the ‘ponens’ or ‘relator’
is to draw up the judgment, 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 judgment must then be submitted to the
individual judges for their approval.
§3 The judgment 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.
Canon 1611 The judgment 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 judgment is based;
4° apportion the expenses of the suit.
Canon 1612 §1 The judgment, after the invocation of the
divine Name must state in order the judge or tribunal, and the plaintiff,
respondent and procurator, with names and domiciles duly indicated. It is also
to name the promoter of justice and the defender of the bond if they were
engaged in the trial.
§2 It must then briefly set out the alleged facts, with the
conclusions of the parties and the formulation of the doubt.
§3 Then follows the dispositive part of the judgment,
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.
Canon 1613 The rules set out above for a definitive judgment
are to be adapted also to interlocutory judgments.
Canon 1614 A judgment 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.
Canon 1615 The publication or notification of the judgment
can be effected by giving a copy of the judgment to the parties or to their
procurators, or by sending them a copy of it in accordance with Canon 1509.
Canon 1616 §1 A judgment must be corrected or completed by
the tribunal which gave it if, in the text of a judgment, 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 Canon 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 judgment.
§2 If one party is opposed, an incidental question is to be
decided by a decree.
Canon 1617 Other pronouncements of a judge apart from the
judgment, 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.
Canon 1618 An interlocutory judgment or a decree has the
force of a definitive judgment 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.
Chapter I: THE PLAINT OF NULLITY OF THE JUDGMENT
Canon 1619 Without prejudice to Canon 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 judgment itself, if the
nullity was known to the party making the plaint and was not raised with the
judge before the judgment.
Canon 1620 A judgment 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
judgment;
4° the trial took place without the judicial plea mentioned
in Canon 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 defense was denied to one or other party;
8° the controversy has not been even partially decided.
Canon 1621 In respect of the nullity mentioned in Canon 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 judgment by means of an
action before the judge who delivered the judgment.
Canon 1622 A judgment is null with a nullity which is simply
remediable, if:
1° contrary to the requirements of Canon 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 Canon 1619;
6° it was given against a party who, in accordance with
Canon 1593, §2, was lawfully absent.
Canon 1623 In the cases mentioned in Canon 1622, a plaint of
nullity can be proposed within three months of notification of the publication
of the judgment.
Canon 1624 The judge who gave the judgment is to consider the
plaint of its nullity. If the party fears that the judge who gave the judgment
is biased, and consequently considers him suspect, he or she can demand that
another judge take his place in accordance with Canon 1450.
Canon 1625 Within the time limit established for appeal, a
plaint of nullity can be proposed together with the appeal.
Canon 1626 §1 A plaint of nullity can be made not only by
parties who regard themselves as injured, but also by the promoter of justice
and the defender of the bond, whenever they have a right to intervene.
§2 Within the time-limit established in Canon 1623, the
judge himself can retract or correct an invalid judgment 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 Canon
1623.
Canon 1627 Cases concerning a plaint of nullity can be dealt
with in accordance with the norms for an oral contentious process.
Chapter II: THE APPEAL
Canon 1628 Without prejudice to the provisions of Canon 1629,
a party who considers him or herself to be injured by a judgment has a right to
appeal from the judgment to a higher judge; in cases in which their presence is
required, the promoter of justice and the defender of the bond have likewise the
right to appeal.
Canon 1629 No appeal is possible against:
1° a judgment of the Supreme Pontiff himself, or a judgment
of the Apostolic Signatura;
2° a judgment which is null, unless the appeal is lodged
together with a plaint of nullity, in accordance with Canon 1625;
3° a judgment which has become an adjudged matter
4° a decree of the judge or an interlocutory judgment, which
does not have the force of a definitive judgment, unless the appeal is lodged
together with an appeal against the definitive judgment;
5° a judgment or a decree in a case in which the law
requires that the matter be settled with maximum expedition.
Canon 1630 §1 The appeal must be lodged with the judge who
delivered the judgment, within a peremptory time-limit of fifteen canonical days
from notification of the publication of the judgment.
§2 If it is made orally, the notary is to draw up the appeal
in writing in the presence of the appellant.
Canon 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.
Canon 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 Canon 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 Canon 1415.
Canon 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.
Canon 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 judgment which is challenged, enclosing a copy of the judgment and
indicating the reasons for the appeal.
§2 If the party is unable to obtain a copy of the appealed
judgment from the originating tribunal within the canonical time-limit, this
time limit 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 fulfill his
duty as soon as possible.
§3 In the meantime, the originating judge must forward the
acts to the appeal court in accordance with Canon 1474.
Canon 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.
Canon 1636 §1 The appellant can renounce the appeal, with
the effects mentioned in Canon 1525.
§2 Unless the law provides otherwise, an appeal made by the
defender of the bond or the promoter of justice, can be renounced by the
defender of the bond or the promoter of justice of the appeal tribunal.
Canon 1637 §1 An appeal made by the plaintiff benefits the
respondent, and vice versa.
§2 If there are several respondents or plaintiffs, and the
judgment 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 judgment 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 judgment.
Canon 1638 An appeal suspends the execution of the judgment.
Canon 1639 §1 Without prejudice to the provision of Canon
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 judgment, either in
part or in whole.
§2 New evidence is admitted only in accordance with Canon
1600.
Canon 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
Canon 1513 §1 and Canon 1639 §1, the judges are to proceed immediately to the
discussion of the case and the judgment.
Chapter I: ADJUDGED MATTER
Canon 1641 Without prejudice to Canon 1643, an adjudged
matter occurs when:
1° there are two conforming judgments between the same
parties about the same matter and on the same grounds;
2° no appeal was made against the judgment within the
canonical time-limit;
3° the trial has been abated or renounced in the appeal
grade;
4° a definitive judgment has been given from which, in
accordance with Canon 1629, there is no appeal.
Canon 1642 §1 An adjudged matter has the force of law and
cannot be challenged directly, except in accordance with Canon 1645 §1.
§2 It has the effect of law between the parties; it gives
the right to an action arising from the judgment 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.
Canon 1643 Cases concerning the status of persons never
become an adjudged matter, not excepting cases which concern the separation of
spouses.
Canon 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 judgment, unless
the law provides otherwise or the appeal tribunal orders a suspension in
accordance with Canon 1650 §3.
Chapter II: TOTAL REINSTATEMENT
Canon 1645 §1 Against a judgment which has become an
adjudged matter there can be a total reinstatement, provided it is clearly
established that the judgment was unjust.
§2 Injustice is not, however, considered clearly established
unless:
1° the judgment is so based on evidence which is
subsequently shown to be false, that without this evidence the dispositive part
of the judgment could not be sustained;
2° documents are subsequently discovered by which new facts
demanding a contrary decision are undoubtedly proven;
3° the judgment 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 judgment runs counter to a preceding decision which
has become an adjudged matter.
Canon 1646 §1 Total reinstatement based on the reasons
mentioned in Canon 1645 §2, nn. 1-3, is to be requested from the judge who
delivered the judgment within three months from the day on which these reasons
became known.
§2 Total reinstatement based on the reasons mentioned in
Canon 1645 §2, nn. 4 and 5, is to be requested from the appeal tribunal within
three months of notification of the publication of the judgment. In the case
mentioned in Canon 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.
Canon 1647 §1 A plea for total reinstatement suspends the
execution of a judgments 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 judgment 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.
Canon 1648 Where total reinstatement is granted, the judge
must pronounce judgment of the merits of the case.
Canon 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.
Canon 1650 §1 A judgment which becomes adjudged matter can
be executed, without prejudice to the provision of Canon 1647.
§2 The judge who delivered the judgment 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 judgment 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 judgment 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.
Canon 1651 Execution cannot take place before there is issued
the judge’s executing decree directing that the judgment be executed.
Depending on the nature of the case, this decree is to be either included in the
judgment itself or issued separately.
Canon 1652 If the execution of the judgment requires a prior
statement of reasons, this is to be treated as an incidental question, to be
decided by the judge who gave the judgment which is to be executed.
Canon 1653 §1 Unless particular law provides otherwise, the
Bishop of the diocese in which the first instance judgment was given must,
either personally or through another, execute the judgment.
§2 If he refuses or neglects to do so, the execution of the
judgment, at the request of an interested party or ex officio, belongs to the
authority to which the appeal tribunal is subject in accordance with Canon 1439
§3.
§3 Between religious, the execution of the judgment is the
responsibility of the Superior who gave the judgment which is to be executed, or
who delegated the judge.
Canon 1654 §1 The executor must execute the judgment
according to the obvious sense of the words, unless in the judgment 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 judgment is null or manifestly
unjust according to Canon 1620, 1622 and 1645, he is to refrain from executing
the judgment, and is instead to refer the matter to the tribunal which delivered
the judgment and to notify the parties.
Canon 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 judgment itself, or the executor according to his discretion and
prudence, is to assign a time limit for the fulfillment of the obligation. This
time-limit is to be not less than fifteen days nor more than six months.
Canon 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.
Canon 1657 An oral contentious process in first instance is
made before a sole judge, in accordance with Canon 1424.
Canon 1658 §1 In addition to the matters enumerated in Canon
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.
Canon 1659 §1 If an attempt at mediation in accordance with
Canon 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 Canon 1512.
Canon 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.
Canon 1661 §1 When the time-limits mentioned in Canon 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.
Canon 1662 In the hearing, the questions mentioned in Canon
1459--1464 are considered first.
Canon 1663 §1 The evidence is assembled during the hearing,
without prejudice to the provision of Canon 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.
Canon 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.
Canon 1665 The judge can admit evidence which is not alleged
or sought in the plea or the reply, but only in accordance with Canon 1452.
After the hearing of even one witness, however, the judge can admit new evidence
only in accordance with Canon 1600.
Canon 1666 If all the evidence cannot be collected during the
hearing, a further hearing is to be set.
Canon 1667 When the evidence has been collected, an oral
discussion is to take place at the same hearing.
Canon 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 judgment being correctly delivered. The dispositive
part of the judgment 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 judgment, including the reasons for
it, is to be notified to the parties as soon as possible, normally within
fifteen days.
Canon 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 judgment invalid and refer the case back to the
tribunal which delivered the judgment.
Canon 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.
Chapter I: CASES CONCERNING THE DECLARATION OF NULLITY OF
MARRIAGE
Article 1: The Competent Forum
Canon 1671 Matrimonial cases of the baptized belong by their
own right to the ecclesiastical judge.
Canon 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.
Canon 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.
Article 2: The Right to Challenge the
Validity of Marriage
Canon 1674 The following are able to challenge the validity
of a marriage:
1° the spouses themselves;
2° the promoter of justice, when the nullity of the marriage
has already been made public, and the marriage cannot be validated or it is not
expedient to do so.
Canon 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, Canon
1518 is to be observed.
Article 3: The Duties of the Judges
Canon 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.
Canon 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 Canon 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.
Article 4: Proofs
Canon 1678 §1 The defender of the bond, the advocates of the
parties and, if engaged in the process, the promoter of justice, have the right:
1° to be present at the examination of the parties, the
witnesses and the experts, without prejudice to Canon 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.
Canon 1679 Unless the evidence brought forward is otherwise
complete, in order to weigh the depositions of the parties in accordance with
Canon 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.
Canon 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 Canon 1574 is to be observed.
Article 5: The Judgment and the Appeal
Canon 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.
Canon 1682 §1 The judgment 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 judgment.
§2 If the judgment given in first instance was in favor 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.
Canon 1683 If a new ground of nullity of marriage is advanced
in the appeal grade, the tribunal can admit it and give judgment on it as at
first instance.
Canon 1684 §1 After the judgment which first declared the
nullity of the marriage has been confirmed on appeal either by decree or by
another judgment, those whose marriage has been declared invalid may contract a
new marriage as soon as the decree or the second judgment has been notified to
them, unless there is a prohibition appended to the judgment or decree itself,
or imposed by the local Ordinary.
§2 The provisions of Canon 1644 are to be observed even if
the judgment which declared the nullity of the marriage is confirmed not by a
second judgment, but by a decree.
Canon 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.
Article 6: The Documentary Process
Canon 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 Canon 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 judgment.
Canon 1687 §1 If the defender of the bond prudently judges
that the defects mentioned in Canon 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.
Canon 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 Canon 1686 whether the judgment 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.
Article 7: General Norms
Canon 1689 In the judgment 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.
Canon 1690 Cases for the declaration of nullity of marriage
cannot be dealt with by the oral contentious process.
Canon 1691 In other matters concerning the conduct of the
process, the Canons concerning judicial powers in general and concerning the
ordinary contentious process are to be applied, unless the nature of the case
demands otherwise; the special norms concerning cases dealing with the status of
persons and cases pertaining to the public good are also to be observed.
Chapter II: CASES CONCERNING THE SEPARATION OF SPOUSES
Canon 1692 §1 Unless lawfully provided otherwise in
particular places, the personal separation of baptized spouses can be decided by
a decree of the diocesan Bishop, or by the judgment of a judge in accordance
with the following Canons.
§2 Where the ecclesiastical decision does not produce civil
effects, or if it is foreseen that there will be a civil judgment not contrary
to the divine law, the Bishop of the diocese in which the spouses are living
can, in the light of their particular circumstances, give them permission to
approach the civil courts.
§3 If the case is also concerned with the merely civil
effects of marriage, the judge is to endeavor, without prejudice to the
provision of §2, to have the case brought before the civil court from the very
beginning.
Canon 1693 §1 The oral contentious process is to be used,
unless either party or the promoter of justice requests the ordinary contentious
process.
§2 If the ordinary contentious process is used and there is
an appeal, the tribunal of second instance is to proceed in accordance with
Canon 1682 §2, observing what has to be observed.
Canon 1694 In matters concerning the competence of the
tribunal, the provisions of Canon 1673 are to be observed.
Canon 1695 Before he accepts the case, and whenever there
appears to be hope of success, the judge is to use pastoral means to induce the
parties to be reconciled and to resume their conjugal life.
Canon 1696 Cases of separation of spouses also concern the
public good; the promoter of justice must, therefore, always intervene, in
accordance with Canon 1433.
Chapter III: THE PROCESS FOR THE DISPENSATION FROM A RATIFIED
AND NON-CONSUMMATED MARRIAGE
Canon 1697 The parties alone, or indeed one of them even if
the other is unwilling, have the right to seek the favor of a dispensation from
a ratified and non-consummated marriage.
Canon 1698 §1 Only the Apostolic See gives judgment on the
fact of the non-consummation of a marriage and on the existence of a just reason
for granting the dispensation.
§2 The dispensation, however, is given by the Roman Pontiff
alone.
Canon 1699 §1 The diocesan Bishop of the place of domicile
or quasidomicile of the petitioner is competent to accept the petition seeking
the dispensation. If the request is well founded, he must arrange for the
instruction of the process.
§2 If, however, the proposed case has special difficulties
of a juridical or moral order, the diocesan Bishop is to consult the Apostolic
See.
§3 Recourse to the Apostolic See is available against the
decree of a Bishop who rejects the petition.
Canon 1700 §1 Without prejudice to the provisions of Canon
1681, the Bishop is to assign the instruction of these processes, in a stable
manner or case by case, to his own tribunal or to that of another diocese, or to
a suitable priest.
§2 If, however, a judicial plea has been introduced to
declare the nullity of the same marriage, the instruction of the process is to
be assigned to the same tribunal.
Canon 1701 §1 In these processes the defender of the bond
must always intervene.
§2 An advocate is not admitted, but the Bishop can, because
of the difficulty of a case, allow the petitioner or respondent to have the
assistance of an expert in the law.
Canon 1702 In the instruction of the process both parties are
to be heard. As far as possible, and provided they can be reconciled with the
nature of these processes, the Canons concerning the collection of evidence in
the ordinary contentious process and in cases of nullity of marriage are to be
followed.
Canon 1703 §1 There is no publication of the acts, but if
the judge sees that, because of the evidence tendered, a serious obstacle stands
in the way of the plea of the petitioner or the exception of the respondent, he
can prudently make it known to the party concerned.
§2 To the party requesting it the judge can show a document
which has been presented or evidence which has been received, and he can set a
time for the production of arguments.
Canon 1704 §1 When the instruction is completed, the judge
instructor is to give all the acts, together with a suitable report, to the
Bishop. The Bishop is to express his Opinion on the merits of the case in
relation to the alleged fact of non-consummation, the adequacy of the reason for
dispensation, and the opportuneness of the favor.
§2 If the instruction of the process has been entrusted to
another tribunal in accordance with Canon 1700, the observations in favor of the
bond of marriage are to be prepared in that same tribunal. The Opinion spoken of
in §1 is, however, the province of the Bishop who gave the commission and the
judge instructor is to give him, together with the acts, a suitable report on
the case.
Canon 1705 §1 The Bishop is to transmit all the acts to the
Apostolic See together with his Opinion and the observations of the defender of
the bond.
§2 If, in the judgment of the Apostolic See, a supplementary
instruction is required, this will be notified to the Bishop, with a statement
of the items on which the acts are to be supplemented.
§3 If, however, the answer of the Apostolic See is that the
non-consummation is not proven from the evidence produced, then the expert in
law mentioned in Canon 1701 §2 can inspect the acts of the case, though not the
Opinion of the Bishop, in the tribunal office, in order to decide whether
anything further of importance can be brought forward to justify another
submission of the petition.
Canon 1706 The rescript of dispensation is sent by the
Apostolic See to the Bishop. He is to notify the parties of the rescript, and
also as soon as possible direct the parish priests of the place where the
marriage was contracted and of the place where baptism was received, to make a
note of the granting of the dispensation in the registers of marriage and
baptism.
Chapter IV: THE PROCESS IN THE CASE OF THE PRESUMED DEATH OF
A SPOUSE
Canon 1707 §1 Whenever the death of a spouse cannot be
proven by an authentic ecclesiastical or civil document, the other spouse is not
regarded as free from the bond of marriage until the diocesan Bishop has issued
a declaration that death is presumed.
§2 The diocesan Bishop can give the declaration mentioned in
§1 only if, after making suitable investigations, he has reached moral
certainty concerning the death of the spouse from the depositions of witnesses,
from hearsay and from other indications. The mere absence of the spouse, no
matter for how long a period, is not sufficient.
§3 In uncertain and involved cases, the Bishop is to consult
the Apostolic See.
Canon 1708 The right to impugn the validity of sacred
ordination is held by the cleric himself, or by the Ordinary to whom the cleric
is subject, or by the Ordinary in whose diocese he was ordained.
Canon 1709 §1 The petition must be sent to the competent
Congregation, which will decide whether the case is to be determined by the
Congregation of the Roman Curia, or by a tribunal designated by it.
§2 Once the petition has been sent, the cleric is by the law
itself forbidden to exercise orders.
Canon 1710 If the Congregation remits the case to a tribunal,
the Canons concerning trials in general and the ordinary contentious trial are
to be observed, unless the nature of the matter requires otherwise and without
prejudice to the provisions of this title.
Canon 1711 In these cases the defender of the bond has the
same rights and is bound by the same duties as the defender of the bond of
marriage.
Canon 1712 After a second judgment confirming the nullity of
the sacred ordination, the cleric loses all rights proper to the clerical state
and is freed from all its obligations.
Canon 1713 In order to avoid judicial disputes, agreement or
reconciliation can profitably be adopted, or the controversy can be submitted to
the judgment of one or more arbiters.
Canon 1714 The norms for agreements, for mutual promises to
abide by an arbiter’s award, and for arbitral judgments are to be selected by
the parties. If the parties have not chosen any, they are to use the law
established by the Episcopal Conference, if such exists, or the civil law in
force in the place where the pact is made.
Canon 1715 §1 Agreements and mutual promises to abide by an
arbiter’s award cannot validly be employed in matters which pertain to the
public good, and in other matters in which the parties are not free to make such
arrangements.
§2 Whenever the matter concerned demands it, in questions
concerning temporal ecclesiastical goods the formalities established by the law
for the alienation of ecclesiastical goods are to be observed.
Canon 1716 §1 If the civil law does not recognize the force
of an arbitral judgment unless it is confirmed by a judge, an arbitral judgment
in an ecclesiastical controversy has no force in the canonical forum unless it
is confirmed by an ecclesiastical judge of the place in which it was given.
§2 If, however, the civil law admits of a challenge to an
arbitral judgment before a civil judge, the same challenge may be brought in the
canonical forum before an ecclesiastical judge who is competent to judge the
controversy at first instance.
Chapter I: THE PRELIMINARY INVESTIGATION
Canon 1717 §1 Whenever the Ordinary receives information,
which has at least the semblance of truth, about an offence, he is to enquire
carefully, either personally or through some suitable person, about the facts
and circumstances, and about the imputability of the offence, unless this
enquiry would appear to be entirely superfluous.
§2 Care is to be taken that this investigation does not call
into question anyone’s good name.
§3 The one who performs this investigation has the same
powers and obligations as an auditor in a process. If, later, a judicial process
is initiated, this person may not take part in it as a judge.
Canon 1718 §1 When the facts have been assembled, the
Ordinary is to decide:
1° whether a process to impose or declare a penalty can be
initiated;
2° whether this would be expedient, bearing in mind Canon
1341;
3° whether a judicial process is to be used or, unless the
law forbids it, whether the matter is to proceed by means of an extra-judicial
decree.
§2 The Ordinary is to revoke or change the decree mentioned
in §1 whenever new facts indicate to him that a different decision should be
made.
§3 In making the decrees referred to in §§1 and 2, the
Ordinary, if he considers it prudent, is to consult two judges or other legal
experts.
§4 Before making a decision in accordance with §1, the
Ordinary is to consider whether, to avoid useless trials, it would be expedient,
with the parties’ consent, for himself or the investigator to make a decision,
according to what is good and equitable, about the question of harm.
Canon 1719 The acts of the investigation, the decrees of the
Ordinary by which the investigation was opened and closed, and all those matters
which preceded the investigation, are to be kept in the secret curial archive,
unless they are necessary for the penal process.
Chapter II: THE COURSE OF THE PROCESS
Canon 1720 If the Ordinary believes that the matter should
proceed by way of an extra-judicial decree:
1° he is to notify the accused of the allegation and the
evidence, and give an opportunity for defense, unless the accused, having been
lawfully summoned, has failed to appear;
2° together with two assessors, he is accurately to weigh
all the evidence and arguments;
3° if the offence is certainly proven and the time for
criminal action has not elapsed, he is to issue a decree in accordance with
Canon 1342-1350, outlining at least in summary form the reasons in law and in
fact.
Canon 1721 §1 If the Ordinary decrees that a judicial penal
process is to be initiated, he is to pass the acts of the investigation to the
promoter of justice, who is to present to the judge a petition of accusation in
accordance with Canon 1502 and 1504.
§2 Before a higher tribunal, the promoter of justice
constituted for that tribunal adopts the role of plaintiff.
Canon 1722 At any stage of the process, in order to prevent
scandal, protect the freedom of the witnesses and safeguard the course of
justice, the Ordinary can, after consulting the promoter of justice and
summoning the accused person to appear, prohibit the accused from the exercise
of the sacred ministry or of some ecclesiastical office and position, or impose
or forbid residence in a certain place or territory, or even prohibit public
participation in the blessed Eucharist. If, however, the reason ceases, all
these restrictions are to be revoked; they cease by virtue of the law itself as
soon as the penal process ceases.
Canon 1723 §1 When the judge summons the accused, he must
invite the latter to engage an advocate, in accordance with Canon 1481 §1, but
within the time laid down by the judge.
§2 If the accused does not do this, the judge himself is to
appoint an advocate before the joinder of the issue, and this advocate will
remain in office for as long as the accused has not engaged an advocate.
Canon 1724 §1 At the direction or with the consent of the
Ordinary who decided that the process should be initiated, the promoter of
justice in any grade of the trial can resign from the case.
§2 For validity, this resignation must be accepted by the
accused person, unless he or she has been declared absent from the trial.
Canon 1725 In the argumentation of the case, whether done in
writing or orally, the accused person or the advocate or procurator of the
accused, always has the right to write or speak last.
Canon 1726 If in any grade or at any stage of a penal trial,
it becomes quite evident that the offence has not been committed by the accused,
the judge must declare this in a judgment and acquit the accused, even if it is
at the same time clear that the period for criminal proceedings has elapsed.
Canon 1727 §1 The offender can appeal, even if discharged in
the judgment only because the penalty was facultative, or because the judge used
the power mentioned in Canon 1344 and 1345.
§2 The promoter of justice can appeal whenever he considers
that the reparation of scandal or the restitution of justice has not been
sufficiently provided for.
Canon 1728 §1 Without prejudice to the Canons of this title,
and unless the nature of the case requires otherwise, in a penal trial the judge
is to observe the Canons concerning judicial procedures in general, those
concerning the ordinary contentious process, and the special norms about cases
which concern the public good.
§2 The accused person is not bound to admit to an offence,
nor may the oath be administered to the accused.
Chapter III: THE ACTION TO COMPENSATE FOR HARM
Canon 1729 §1 In accordance with Canon 1596, a party who has
suffered harm from an offence can bring a contentious action for making good the
harm in the actual penal case itself.
§2 The intervention of the harmed party mentioned in §1 is
no longer admitted if the intervention was not made in the first instance of the
penal trial.
§3 An appeal in a case concerning harm is made in accordance
with Canon 1628--1640, even if an appeal cannot be made in the penal case
itself. If, however, there is an appeal on both headings, there is to be only
one trial, even though the appeals are made by different persons, without
prejudice to the provision of Canon 1734[].
Canon 1730 §1 To avoid excessive delays in a penal trial,
the judge can postpone the trial concerning harm until he has given a definitive
judgment in the penal trial.
§2 When the judge does this he must, after giving judgment
in the penal trial, hear the case concerning harm, even though the penal trial
is still pending because of a proposed challenge to it, or even though the
accused has been acquitted, when the reason for the acquittal does not take away
the obligation to make good the harm.
Canon 1731 A judgment given in a penal trial, even though it
has become an adjudged matter, in no way creates a right for a party who has
suffered harm, unless this party has intervened in accordance with Canon 1733 []
Canon 1732 Whatever is laid down in the Canons of this
section concerning decrees, is also to be applied to all singular administrative
acts given in the external forum outside a judicial trial, except for those
given by the Roman Pontiff himself or by an Ecumenical Council.
Canon 1733 §1 When a person believes that he or she has been
injured by a decree, it is greatly to be desired that contention between that
person and the author of the decree be avoided, and that care be taken to reach
an equitable solution by mutual consultation, possibly using the assistance of
serious-minded persons to mediate and study the matter. In this way, the
controversy may by some suitable method be avoided or brought to an end.
§2 The Episcopal Conference can prescribe that in each
diocese there be established a permanent office or council which would have the
duty, in accordance with the norms laid down by the Conference, of seeking and
suggesting equitable solutions. Even if the Conference has not demanded this,
the Bishop may establish such an office or council.
§3 The office or council mentioned in §2 is to be diligent
in its work principally when the revocation of a decree is sought in accordance
with Canon 1734 and the time-limit for recourse has not elapsed. If recourse is
proposed against a decree, the Superior who would have to decide the recourse is
to encourage both the person having recourse and the author of the decree to
seek this type of solution, whenever the prospect of a satisfactory outcome is
discerned.
Canon 1734 §1 Before having recourse, the person must seek
in writing from its author the revocation or amendment of the decree. Once this
petition has been lodged, it is by that very fact understood that the suspension
of the execution of the decree is also being sought.
§2 The petition must be made within the peremptory
time-limit of ten canonical days from the time the decree was lawfully notified.
§3 The norms in §§1 and 2 do not apply:
1° in having recourse to the Bishop against decrees given by
authorities who are subject to him;
2° in having recourse against the decree by which a
hierarchical recourse is decided, unless the decision was given by the Bishop
himself ;
3° in having recourse in accordance with Canon 57 and 1735.
Canon 1735 If, within thirty days from the time the petition
mentioned in Canon 1734 reaches the author of the decree, the latter
communicates a new decree by which either the earlier decree is amended or it is
determined that the petition is to be rejected, the period within which to have
recourse begins from the notification of the new decree. If, however, the author
of the decree makes no decision within thirty days, the time-limit begins to run
from the thirtieth day.
Canon 1736 §1 In those matters in which hierarchical
recourse suspends the execution of a decree, even the petition mentioned in
Canon 1734 has the same effect.
§2 In other cases, unless within ten days of receiving the
petition mentioned in Canon 1734 the author of the decree has decreed its
suspension, an interim suspension can be sought from the author’s hierarchical
Superior. This Superior can decree the suspension only for serious reasons and
must always take care that the salvation of souls suffers no harm.
§3 If the execution of the decree is suspended in accordance
with §2 and recourse is subsequently proposed, the person who must decide the
recourse is to determine, in accordance with Canon 1737 §3, whether the
suspension is to be confirmed or revoked.
§4 If no recourse is proposed against the decree within the
time-limit established, an interim suspension of execution in accordance with
§§1 and 2 automatically lapses.
Canon 1737 §1 A person who contends that he or she has been
injured by a decree, can for any just motive have recourse to the hierarchical
Superior of the one who issued the decree. The recourse can be proposed before
the author of the decree, who must immediately forward it to the competent
hierarchical Superior.
§2 The recourse is to be proposed within the peremptory
time-limit of fifteen canonical days. In the cases mentioned in Canon 1734 §3,
the time limit begins to run from the day the decree was notified; in other
cases, it runs in accordance with Canon 1735.
§3 Even in those cases in which recourse does not by law
suspend the execution of the decree, or in which the suspension is decreed in
accordance with Canon 1736 §2, the Superior can for a serious reason order that
the execution be suspended, but is to take care that the salvation of souls
suffers no harm.
Canon 1738 The person having recourse always has the right to
the services of an advocate or procurator, but is to avoid futile delays.
Indeed, an advocate is to be appointed ex officio if the person does not have
one and the Superior considers it necessary. The Superior, however, can always
order that the one having recourse appear in person to answer questions.
Canon 1739 In so far as the case demands, it is lawful for
the Superior who must decide the recourse, not only to confirm the decree or
declare that it is invalid, but also to rescind or revoke it or, if it seems to
the Superior to be more expedient, to amend it, to substitute for it, or to
abrogate it.
Chapter I: THE PROCEDURE FOR THE REMOVAL OF PARISH PRIESTS
Canon 1740 When the ministry of any parish priest has for
some reason become harmful or at least ineffective, even though this occurs
without any serious fault on his part, he can be removed from the parish by the
diocesan Bishop.
Canon 1741 The reasons for which a parish priest can lawfully
be removed from his parish are principally:
1° a manner of acting which causes grave harm or disturbance
to ecclesiastical communion;
2° ineptitude or permanent illness of mind or body, which
makes the parish priest unequal to the task of fulfilling his duties
satisfactorily;
3° the loss of the parish priest’s good name among upright
and serious-minded parishioners, or aversion to him, when it can be foreseen
that these factors will not quickly come to an end
4° grave neglect or violation of parochial duties, which
persists after a warning;
5° bad administration of temporal goods with grave harm to
the Church, when no other remedy can be found to eliminate this harm.
Canon 1742 §1 If an investigation shows that there exists a
reason mentioned in Canon 1740, the Bishop is to discuss the matter with two
parish priests from a group stably chosen for this purpose by the council of
priests, at the proposal of the Bishop. If he then believes that he should
proceed with the removal, the Bishop must, for validity, indicate to the parish
priest the reason and the arguments, and persuade him in a fatherly manner to
resign his parish within fifteen days.
§2 For parish priests who are members of a religious
institute or a society of apostolic life, the provision of Canon 682 §2 is to
be observed.
Canon 1743 The resignation of the parish priest can be given
not only purely and simply, but even upon a condition, provided the condition is
one which the Bishop can lawfully accept and does in fact accept.
Canon 1744 §1 If the parish priest has not replied within
the days prescribed, the Bishop is to renew his invitation and extend the
canonical time within which a reply is to be made.
§2 If it is clear to the Bishop that the parish priest has
received this second invitation but has not replied, even though not prevented
from doing so by any impediment, or if the parish priest refuses to resign and
gives no reasons for this, the Bishop is to issue a decree of removal.
Canon 1745 If, however, the parish priest opposes the case
put forward and the reasons given in it, but advances arguments which seem to
the Bishop to be insufficient, to act validly the Bishop must:
1° invite him to inspect the acts of the case and put
together his objections in a written answer, indeed to produce contrary evidence
if he has any;
2° after this, complete the instruction of the case, if this
is necessary, and weigh the matter with the same parish priests mentioned in
Canon 1742 §1, unless, because of some impossibility on their part, others are
to be designated;
3° finally, decide whether or not the parish priest is to be
removed, and without delay issue the appropriate decree.
Canon 1746 When the parish priest has been removed, the
Bishop is to ensure that he is either assigned to another office, if he is
suitable for one, or is given a pension in so far as the case requires this and
the circumstances permit.
Canon 1747 §1 A parish priest who has been removed must
abstain from exercising the function of a parish priest, leave the parochial
house free as soon as possible, and hand over everything pertaining to the
parish to the person to whom the Bishop has entrusted it.
§2 If, however, it is a question of a sick man who cannot be
transferred elsewhere from the parochial house without inconvenience, the Bishop
is to leave to him the use, even the exclusive use, of the parochial house for
as long as this necessity lasts.
§3 While recourse against a decree of removal is pending,
the Bishop cannot appoint a new parish priest, but is to make provision in the
meantime by way of a parochial administrator.
Chapter II: THE PROCEDURE FOR THE TRANSFER OF PARISH PRIESTS
Canon 1748 The good of souls or the necessity or advantage of
the
Church may demand that a parish priest be transferred from
his own parish, which he governs satisfactorily, to another parish or another
office. In these circumstances, the Bishop is to propose the transfer to him in
writing and persuade him to consent, for the love of God and of souls.
Canon 1749 If the parish priest proposes not to acquiesce in
the Bishop’s advice and persuasion, he is to give his reasons in writing.
Canon 1750 Despite the reasons put forward, the Bishop may
judge that he should not withdraw from his proposal. In this case, together with
two parish priests chosen in accordance with Canon 1742 §1, he is to weigh the
reasons which favor and those which oppose the transfer. If the Bishop still
considers that the transfer should proceed, he is again to renew his fatherly
exhortation to the parish priest.
Canon 1751 §1 If, when these things have been done, the
parish priest still refuses and the Bishop still believes that a transfer ought
to take place, the Bishop is to issue a decree of transfer stating that, when a
prescribed time has elapsed, the parish shall be vacant.
§2 When this time has elapsed without result, he is to
declare the parish vacant.
Canon 1752 In cases of transfer, the provisions of Canon 1747
are to be applied, always observing canonical equity and keeping in mind the
salvation of souls, which in the Church must always be the supreme law.
advena the term to
describe a person when he or she is actually present in the place where he or
she has a quasi-domicile.
ferendae sententiae the term to describe one of the two
forms of penalty, namely, that which is imposed by the judgment of a court or by
the decree of a Superior, when a person has been found guilty of an offence.
(cf. latae sententiae below.)
incola the term to describe a person when he or she is
actually present in the place where he or she has a domicile.
inter vivos the term to describe a legal arrangement
whereby, during lifetime, a person at once transfers proper to another person or
corporate body. (cf. mortis causa below).
latae sententiae the term to describe one of the two
forms of penalty, namely, that which is automatically incurred on committing an
offence, without the intervention of a judge or Superior. (cf. ferendae
sententiae above.)
magisterium the term to describe the teaching authority
of the Church.
mortis causa the term to describe a legal arrangement
made by a person during lifetime, whereby only after his or her death property
is transferred to another person or corporate body. (cf. inter vivos above.)
motu proprio the term to describe a rescript (cf. Canon
59 §1) which grants a favor not on the request of a petitioner, but on the sole
initiative of the granting authority.
peregrinus the term to describe a person when he or she
is outside the place where he or she has a domicile or quasi-domicile, while
still retaining that domicile or quasi-domicile. The plural is peregrini.
presbyterium the term to describe the body of priests who
are dedicated to the service of a particular Church, under the authority of the
Bishop or other Superior equivalent to a Bishop.
vagus the term to describe a person who has neither a
domicile nor a quasi-domicile anywhere. The plural is vagi.
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APOSTOLIC CONSTITUTION
Sacrae Disciplinae Leges
To Our Venerable Brothers the Cardinals, Archbishops,
Bishops, Priests, Deacons and to the other members of the People of God
JOHN PAUL BISHOP
Servant of the Servants of God
For an Everlasting Memorial
Over the course of time, the Catholic Church has been wont to
revise and renew the laws of its sacred discipline so that, maintaining always
fidelity to the Divine Founder, these laws may be truly in accord with the
salvific mission entrusted to the Church. With this sole aim in view, we today,
25 January 1983, bring to fulfillment the anticipation of the whole Catholic
world, and decree the publication of the revised Code of Canon Law. In doing so,
our thoughts turn back to this same date in 1959, when our predecessor, John
XXIII of happy memory, first publicly announced his personal decision to reform
the current body of canonical laws which had been promulgated on the feast of
Pentecost 1917.
This decision to renew the Code was taken with two others, of
which that Pontiff spoke on the same day: they concerned his desire to hold a
synod of the diocese of Rome and to convoke an Ecumenical Council. Even if the
former does not have much bearing on the reform of the Code, the latter on the
other hand, namely the Council, is of the greatest importance for our theme and
is closely linked with its substance.
If one asks why John XXIII had clearly perceived the need to
reform the current Code, perhaps the answer is found in the 1917 Code itself.
There is however another reason, the principal one, namely that the reform of
the Code of Canon Law was seen to be directly sought and requested by the
Council itself, which had particularly concentrated its attention upon the
Church.
As is quite clear, when the first announcement of the
revision of the Code was made, the Council was something totally in the future.
Moreover, the acts of its teaching authority, and particularly its teaching on
the Church, were to be developed over the years 1962-65. Nevertheless, one
cannot fail to see that John XXIII’s insight was most accurate, and his
proposal must rightly be acknowledged as one which looked well ahead to the good
of the Church.
Therefore, the new Code which appears today necessarily
required the prior work of the Council and, although it was announced together
with that ecumenical gathering, it follows it in order of time, since the tasks
needed for its preparation could not begin until the Council had ended.
Turning our thoughts today to the beginning of that long
journey, that is to 25 January 1959 and to John XXIII himself, the originator of
the review of the Code, we must acknowledge that this Code drew its origin from
one and the same intention, namely the renewal of Christian life. All the work
of the Council drew its norms and its shape principally from that same
intention.
If we now turn our attention to the nature of the labors
which preceded the promulgation of the Code and to the manner in which they were
performed, especially during the Pontificates of Paul VI, John Paul I and then
up to this present day, it is vital to make quite clear that these labors were
brought to their conclusion in an eminently collegial spirit. This not only
relates to the external composition of the work, but it affects also the very
substance of the laws which have been drawn up.
This mark of collegiality by which the process of this Code’s
origin was prominently characterized, is entirely in harmony with the teaching
authority and the nature of the Second Vatican Council. The Code therefore, not
only because of its content but because also of its origin, demonstrates the
spirit of this Council in whose documents the Church, the universal sacrament of
salvation (cf. Const. Lumen Gentium, n. 9, 48) is presented as the People
of God, and its hierarchical constitution is shown as founded on the College of
Bishops together with its Head.
For this reason therefore, the Bishops and Episcopal
Conferences were invited to associate themselves with the work of preparing the
new Code, so that through a task of such length, in as collegial a manner as
possible, little by little the juridical formulae would come to maturity and
would then serve the whole Church. During the whole period of this task, experts
also took part, people endowed with particular academic standing in the areas of
theology, history and especially Canon law, drawn from all parts of the world.
To each and every one of them we express our deepest
gratitude today.
We recall, first of all, those Cardinals, now deceased, who
headed the preparatory Commission, Cardinal Pietro Ciriaci who began the work,
and Cardinal Pericles Felici who over a period of several years guided the
labors almost to their goal. We think then of the Secretaries of this
Commission, Monsignor, later Cardinal, Giacomo Violardo and Father Raimondo
Bidagor SJ, both of whom lavished their talents of learning and wisdom on their
role. Together with them, we recall the Cardinals, Archbishops and Bishops, and
all who were members of this Commission as well as the Consultors of the
individual study groups engaged over these years in that strenuous task. God has
called these to their eternal reward in the meantime. For all of them our
suppliant prayer is raised to God.
With pleasure we also refer to the living: in the first
place, to the present Pro-President of the Commission, our venerable brother
Rosalio Castillo Lara, who has worked so outstandingly for so long in a role of
such responsibility. Next, we refer to our beloved son, Monsignor William
Onclin, who has contributed to the successful outcome of the task with assiduous
and diligent care. Then there are others who played an inestimable part in this
Commission, in developing and completing a task of such volume and complexity,
whether as Cardinal members, or as officials, consultors and collaborators in
the various study groups or in other roles.
In promulgating this Code today, therefore, we are fully
conscious that this act stems from our pontifical authority itself, and so
assumes a primatial nature. Yet we are no less aware that in its content this
Code reflects the collegial solicitude for the Church of all our brothers in the
episcopate. Indeed, by a certain analogy with the Council itself, the Code must
be viewed as the fruit of collegial cooperation, which derives from the combined
energies of experienced people and institutions throughout the whole Church.
A second question arises: what is the Code? For an accurate
answer to this question, it is necessary to remind ourselves of that distant
heritage of law contained in the books of the Old and New Testaments. It is from
this, as from its first source, that the whole juridical and legislative
tradition of the Church derives.
For Christ the Lord in no way abolished the bountiful
heritage of the law and the prophets which grew little by little from the
history and experience of the People of God in the Old Testament. Rather he
fulfilled it (cf. Matt.5,17), so that it could, in a new and more sublime way,
lead to the heritage of the New Testament. Accordingly, although St Paul in
expounding the mystery of salvation teaches that justification is not obtained
through the works of the law but through faith (cf. Rom.3,28; Gal.2,16),
nonetheless he does not exclude the binding force of the Decalogue (cf.
Rom.13,8-10; Gal.5,13-25; 6, 2), nor does he deny the importance of discipline
in the Church (cf. 1 Cor.5 and 6). Thus the writings of the New Testament allow
us to perceive more clearly the great importance of this discipline and to
understand better the bonds which link it ever more closely with the salvific
character of the Gospel message.
Granted this, it is sufficiently clear that the purpose of
the Code is not in any way to replace faith, grace, charisms and above all
charity in the life of the Church or of Christ’s faithful. On the contrary,
the Code rather looks towards the achievement of order in the ecclesial society,
such that while attributing a primacy to love, grace and the charisms, it
facilitates at the same time an orderly development in the life both of the
ecclesial society and of the individual persons who belong to it.
As the Church’s fundamental legislative document, and
because it is based on the juridical and legislative heritage of revelation and
tradition the Code must be regarded as the essential instrument for the
preservation of right order, both in individual and social life and in the
Church’s zeal. Therefore, over and above the fundamental elements of the
hierarchical and organic structure of the Church established by the Divine
Founder based on apostolic or other no less ancient tradition, and besides the
principal norms which concern the exercise of the threefold office entrusted to
the Church, it is necessary for the Code to define also certain rules and norms
of action.
The instrument, such as the Code is, fully accords with the
nature of the Church, particularly as presented in the authentic teaching of the
Second Vatican Council seen as a whole, and especially in its ecclesiological
doctrine. In fact, in a certain sense, this new Code can be viewed as a great
effort to translate the conciliar ecclesiological teaching into canonical terms.
If it is impossible perfectly to transpose the image of the Church described by
conciliar doctrine into canonical language, nevertheless the Code must always be
related to that image as to its primary pattern, whose outlines, given its
nature, the Code must express as far as is possible.
Hence flow certain fundamental principles by which the whole
of the new Code is governed, within the limits of its proper subject and of its
expression, which must reflect that subject. Indeed it is possible to assert
that from this derives that characteristic whereby the Code is regarded as a
complement to the authentic teaching proposed by the Second Vatican Council and
particularly to its Dogmatic and Pastoral Constitutions.
From this it follows that the fundamental basis of the ‘newness’
which, while never straying from the Church’s legislative tradition, is found
in the Second Vatican Council and especially in its ecclesiological teaching,
generates also the mark of ‘newness’ in the new Code.
Foremost among the elements which express the true and
authentic image of the Church are: the teaching whereby the Church is presented
as the People of God (cf. Const. Lumen Gentium, n. 2) and its
hierarchical authority as service (ibid n. 3); the further teaching which
portrays the Church as a communion and then spells out the mutual relationships
which must intervene between the particular and the universal Church, and
between collegiality and primacy; likewise, the teaching by which all members of
the People of God share, each in their own measure, in the threefold priestly,
prophetic and kingly office of Christ, with which teaching is associated also
that which looks to the duties and rights of Christ’s faithful and
specifically the laity; and lastly the assiduity which the Church must devote to
ecumenism.
If, therefore, the Second Vatican Council drew old and new
from the treasury of tradition, and if its newness is contained in these and
other elements, it is abundantly clear that the Code receives into itself the
same mark of fidelity in newness and newness in fidelity, and that its specific
content and corresponding form of expression is in conformity with this aim.
The new Code of Canon Law is published precisely at a time
when the Bishops of the whole Church are not only asking for its promulgation
but indeed are insistently and vehemently demanding it.
And in fact a Code of Canon Law is absolutely necessary for
the Church. Since the Church is established in the form of a social and visible
unit, it needs rules, so that its hierarchical and organic structure may be
visible; that its exercise of the functions divinely entrusted to it,
particularly of sacred power and of the administration of the sacraments, is
properly ordered; that the mutual relationships of Christ’s faithful are
reconciled in justice based on charity, with the rights of each safeguarded and
defined; and lastly, that the common initiatives which are undertaken so that
Christian life may be ever more perfectly carried out, are supported
strengthened and promoted by canonical laws.
Finally, canonical laws by their very nature demand
observance. For this reason, the greatest care has been taken that during the
long preparation of the Code there should be an accurate expression of the norms
and that they should depend upon a sound juridical, canonical and theological
foundation.
In view of all this, it is very much to be hoped that the new
canonical legislation will be an effective instrument by the help of which the
Church will be able to perfect itself in the spirit of the Second Vatican
Council, and show itself ever more equal to carry out its salvific role in the
world.
It is pleasing to set out these reflections of ours in a
trusting spirit as we promulgate this principal body of ecclesiastical laws for
the Latin Church.
May God grant that joy and peace, with justice and obedience,
may commend this Code, and that what is bidden by the head will be obeyed in the
body.
Relying, therefore, on the help of divine grace, supported by
the authority of the Blessed Apostles Peter and Paul, with certain knowledge and
assenting to the pleas of the Bishops of the whole world who have labored with
us in collegial good will, by the supreme authority which is ours, and by means
of this Constitution of ours which is to have effect for the future, we
promulgate this present Code as it has been compiled and reviewed. We order that
henceforth it is to have the force of law for the whole Latin Church, and we
commit its observance to the care and vigilance of all who are responsible. In
order, however, that all may properly investigate these prescriptions and
intelligently come to know them before they take effect, we decree and command
that they shall come into force from the first day of Advent of the year 1983,
all ordinances, constitutions and privileges, even those meriting special and
individual mention, as well as contrary customs, notwithstanding.
We, therefore, exhort all our beloved children to observe,
with sincere mind and ready will, the precepts laid down, buoyed up by the hope
that a zealous Church discipline will flourish anew, and that from it the
salvation of souls also will be ever more fervently promoted, with the
assistance of the Blessed Virgin Mary, Mother of the Church.
Given at Rome, in the Vatican, on the 25th day of January
1983, in the fifth year of our Pontificate.
JOHN PAUL II
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