|The People of God » Institutes of Consecrated Life and Societies of Apostolic Life » Institutes of Consecrated Life » Religious Institutes » The admission of candidates and the formation of members » Admission to the novitiate|
|Canon 642.||With vigilant care, superiors are only to admit those who, besides the required age, have the health, suitable character, and sufficient qualities of maturity to embrace the proper life of the institute. This health, character, and maturity are to be verified even by using experts, if necessary, without prejudice to the prescript of can. 220.|
|Canon 641.||The right to admit candidates to the novitiate belongs to major superiors according to the norm of proper law.|
|The People of God » Institutes of Consecrated Life and Societies of Apostolic Life » Institutes of Consecrated Life » Religious Institutes » The governance of institutes » Temporal goods and their administration|
|Canon 640.||Taking into account local conditions, institutes are to strive to give, as it were, a collective witness of charity and poverty and are to contribute according to their ability something from their own goods to provide for the needs of the Church and the support of the poor.|
|Canon 639.||§1. If a juridic person has contracted debts and obligations even with the permission of the superiors, it is bound to answer for them.
§2. If a member has entered into a contract concerning his or her own goods with the permission of the superior, the member must answer for it, but if the business of the institute was conducted by mandate of the superior, the institute must answer.
§3. If a religious has entered into a contract without any permission of superiors, he or she must answer, but not the juridic person.
§4. It is a fixed rule, however, that an action can always be brought against one who has profited from the contract entered into.
§5. Religious superiors are to take care that they do not permit debts to be contracted unless it is certain that the interest on the debt can be paid off from ordinary income and that the capital sum can be paid off through legitimate amortization within a period that is not too long.
|Canon 638.||§1. Within the scope of universal law, it belongs to proper law to determine acts which exceed the limit and manner of ordinary administration and to establish what is necessary to place an act of extraordinary administration validly.
§2. In addition to superiors, the officials who are designated for this in proper law also validly incur expenses and perform juridic acts of ordinary administration within the limits of their function.
§3. For the validity of alienation and of any other affair in which the patrimonial condition of a juridic person can worsen, the written permission of the competent superior with the consent of the council is required.
Nevertheless, if it concerns an affair which exceeds the amount defined by the Holy See for each region, or things given to the Church by vow, or things precious for artistic or historical reasons, the permission of the Holy See itself is also required.
§4. For the autonomous monasteries mentioned in can. 615 and for institutes of diocesan right, it is also necessary to have the written consent of the local ordinary.
|Canon 637.||The autonomous monasteries mentioned in can. 615 must render an account of their administration to the local ordinary once a year. Moreover, the local ordinary has the right to be informed about the Financial reports of a religious house of diocesan right.|
|Canon 636.||§1. In each institute and likewise in each province which is governed by a major superior, there is to be a Finance officer, distinct from the major superior and constituted according to the norm of proper law, who is to manage the administration of goods under the direction of the respective superior. Insofar as possible, a Finance officer distinct from the local superior is to be designated even in local communities.
§2. At the time and in the manner established by proper law, Finance officers and other administrators are to render an account of their administration to the competent authority.
|Canon 635.||§1. Since the temporal goods of religious institutes are ecclesiastical, they are governed by the prescripts of Book V, The Temporal Goods of the Church, unless other provision is expressly made.
§2. Nevertheless, each institute is to establish suitable norms concerning the use and administration of goods, by which the poverty proper to it is to be fostered, protected, and expressed.
|Canon 634.||§1. As juridic persons by the law itself, institutes, provinces, and houses are capable of acquiring, possessing, administering, and alienating temporal goods unless this capacity is excluded or restricted in the constitutions.
§2. Nevertheless, they are to avoid any appearance of excess, immoderate wealth, and accumulation of goods.
|The People of God » Institutes of Consecrated Life and Societies of Apostolic Life » Institutes of Consecrated Life » Religious Institutes » The governance of institutes » Chapters|
|Canon 633.||§1. Organs of participation or consultation are to fulfill faithfully the function entrusted to them according to the norm of universal and proper law and to express in their own way the concern and participation of all the members for the good of the entire institute or community.
§2. In establishing and using these means of participation and consultation, wise discretion is to be observed and their procedures are to conform to the character and purpose of the institute.
|Canon 632.||Proper law is to determine accurately what is to pertain to other chapters of the institute and to other similar assemblies, namely, what pertains to their nature, authority, composition, way of proceeding and time of celebration.|
|Canon 631.||§1. The general chapter, which holds supreme authority in the institute according to the norm of the constitutions, is to be composed in such a way that, representing the entire institute, it becomes a true sign of its unity in charity. It is for the general chapter principally: to protect the patrimony of the institute mentioned in can. 578, promote suitable renewal according to that patrimony, elect the supreme moderator, treat affairs of greater importance, and issue norms which all are bound to obey.
§2. The constitutions are to define the composition and extent of the power of a chapter; proper law is to determine further the order to be observed in the celebration of the chapter, especially in what pertains to elections and the manner of handling affairs.
§3. According to the norms determined in proper law, not only provinces and local communities, but also any member can freely send wishes and suggestions to a general chapter.
|The People of God » Institutes of Consecrated Life and Societies of Apostolic Life » Institutes of Consecrated Life » Religious Institutes » The governance of institutes » Superiors and councils|
|Canon 630.||§1. Superiors are to recognize the due freedom of their members regarding the sacrament of penance and direction of conscience, without prejudice, however, to the discipline of the institute.
§2. According to the norm of proper law, superiors are to be concerned that suitable confessors are available to the members, to whom the members can confess frequently.
§3. In monasteries of nuns, in houses of formation, and in more numerous lay communities, there are to be ordinary confessors approved by the local ordinary after consultation with the community; nevertheless, there is no obligation to approach them.
§4. Superiors are not to hear the confessions of subjects unless the members request it on their own initiative.
§5. Members are to approach superiors with trust, to whom they can freely and on their own initiative open their minds. Superiors, however, are forbidden to induce the members in any way to make a manifestation of conscience to them.
|Canon 629.||Superiors are to reside in their respective houses, and are not to absent themselves from their house except according to the norm of proper law.|
|Canon 628.||§1. The superiors whom the proper law of the institute designates for this function are to visit the houses and members entrusted to them at stated times according to the norms of this same proper law.
§2. It is the right and duty of a diocesan bishop to visit even with respect to religious discipline:
1. the autonomous monasteries mentioned in can. 615;
2. individual houses of an institute of diocesan right located in his own territory.
§3. Members are to act with trust toward a visitator, to whose legitimate questioning they are bound to respond according to the truth in charity. Moreover, it is not permitted for anyone in any way to divert members from this obligation or otherwise to impede the scope of the visitation.
|Canon 627.||§1. According to the norm of the constitutions, superiors are to have their own council, whose assistance they must use in carrying out their function.
§2. In addition to the cases prescribed in universal law, proper law is to determine the cases which require consent or counsel to act validly; such consent or counsel must be obtained according to the norm of can. 127.
|Canon 626.||Superiors in the conferral of offices and members in elections are to observe the norms of universal and proper law, are to abstain from any abuse or partiality, and are to appoint or elect those whom they know in the Lord to be truly worthy and suitable, having nothing before their eyes but God and the good of the institute. Moreover, in elections they are to avoid any procurement of votes, either directly or indirectly, whether for themselves or for others.|
|Canon 625.||§1. The supreme moderator of an institute is to be designated by canonical election according to the norm of the constitutions.
§2. The bishop of the principal seat presides at the elections of a superior of the autonomous monastery mentioned in can. 615 and of the supreme moderator of an institute of diocesan right.
§3. Other superiors are to be constituted according to the norm of the constitutions, but in such a way that, if they are elected, they need the confirmation of a competent major superior; if they are appointed by a superior, however, a suitable consultation is to precede.
|Canon 624.||§1. Superiors are to be constituted for a certain and appropriate period of time according to the nature and need of the institute, unless the constitutions determine otherwise for the supreme moderator and for superiors of an autonomous house.
§2. Proper law is to provide suitable norms so that superiors, constituted for a definite time, do not remain too long in offices of governance without interruption.
§3. Nevertheless, they can be removed from office during their function or be transferred to another for reasons established in proper law.
|Canon 623.||In order for members to be appointed or elected validly to the function of superior, a suitable time is required after perpetual or definitive profession, to be determined by proper law, or if it concerns major superiors, by the constitutions.|
|Canon 622.||The supreme moderator holds power over all the provinces, houses, and members of an institute; this power is to be exercised according to proper law. Other superiors possess power within the limits of their function.|
|Canon 621.||A grouping of several houses which constitutes an immediate part of the same institute under the same superior and has been canonically erected by legitimate authority is called a province.|
|Canon 620.||Those who govern an entire institute, a province of an institute or part equivalent to a province, or an autonomous house, as well as their vicars, are major superiors. Comparable to these are an abbot primate and a superior of a monastic congregation, who nonetheless do not have all the power which universal law grants to major superiors.|
|Canon 619.||Superiors are to devote themselves diligently to their office and together with the members entrusted to them are to strive to build a community of brothers or sisters in Christ, in which God is sought and loved before all things. Therefore, they are to nourish the members regularly with the food of the word of God and are to draw them to the celebration of the sacred liturgy. They are to be an example to them in cultivating virtues and in the observance of the laws and traditions of their own institute; they are to meet the personal needs of the members appropriately, solicitously to care for and visit the sick, to correct the restless, to console the faint of heart, and to be patient toward all.|
|Canon 618.||Superiors are to exercise their power, received from God through the ministry of the Church, in a spirit of service. Therefore, docile to the will of God in fulfilling their function, they are to govern their subjects as sons or daughters of God and, promoting the voluntary obedience of their subjects with reverence for the human person, they are to listen to them willingly and foster their common endeavor for the good of the institute and the Church, but without prejudice to the authority of superiors to decide and prescribe what must be done.|
|Canon 617.||Superiors are to fulfill their function and exercise their power according to the norm of universal and proper law.|
|The People of God » Institutes of Consecrated Life and Societies of Apostolic Life » Institutes of Consecrated Life » Religious Institutes » Religious houses and their creation and suppression|
|Canon 616.||§1. The supreme moderator can suppress a legitimately erected religious house according to the norm of the constitutions, after the diocesan bishop has been consulted. The proper law of the institute is to make provision for the goods of the suppressed house, without prejudice to the intentions of the founders or donors or to legitimately acquired rights.
§2. The suppression of the only house of an institute belongs to the Holy See, to which the decision regarding the goods in that case is also reserved.
§3. To suppress the autonomous house mentioned in can. 613 belongs to the general chapter, unless the constitutions state otherwise.
§4. To suppress an autonomous monastery of nuns belongs to the Apostolic See, with due regard to the prescripts of the constitutions concerning its goods.
|Canon 615.||An autonomous monastery which does not have another major superior besides its own moderator and is not associated to another institute of religious in such a way that the superior of the latter possesses true power over such a monastery as determined by the constitutions is entrusted to the special vigilance of the diocesan bishop according to the norm of law.|
|Canon 614.||Monasteries of nuns associated to an institute of men maintain their own way of life and governance according to the constitutions. Mutual rights and obligations are to be defined in such a way that spiritual good can come from the association.|
|Canon 613.||§1. A religious house of canons regular or of monks under the governance and care of its own moderator is autonomous unless the constitutions state otherwise.
§2. The moderator of an autonomous house is a major superior by law.
|Canon 612.||For a religious house to be converted to apostolic works different from those for which it was established, the consent of the diocesan bishop is required, but not if it concerns a change which refers only to internal governance and discipline, without prejudice to the laws of the foundation.|
|Canon 611.||The consent of the diocesan bishop to erect a religious house of any institute entails the right:
1. to lead a life according to the character and proper purposes of the institute;
2. to exercise the works proper to the institute according to the norm of law and without prejudice to the conditions attached to the consent;
3. for clerical institutes to have a church, without prejudice to the prescript of can. 1215, §3 and to perform sacred ministries, after the requirements of the law have been observed.
|Canon 610.||§1. The erection of houses takes place with consideration for their advantage to the Church and the institute and with suitable safeguards for those things which are required to carry out properly the religious life of the members according to the proper purposes and spirit of the institute.
§2. No house is to be erected unless it can be judged prudently that the needs of the members will be provided for suitably.
|Canon 609.||§1. Houses of a religious institute are erected by the authority competent according to the constitutions, with the previous written consent of the diocesan bishop.
§2. In addition, the permission of the Apostolic See is required to erect a monastery of nuns.
|Canon 608.||A religious community must live in a legitimately established house under the authority of a superior designated according to the norm of law. Each house is to have at least an oratory in which the Eucharist is to be celebrated and reserved so that it is truly the center of the community.|
|The People of God » Institutes of Consecrated Life and Societies of Apostolic Life » Institutes of Consecrated Life » Religious Institutes|
|Canon 607.||§1. As a consecration of the whole person, religious life manifests in the Church a wonderful marriage brought about by God, a sign of the future age. Thus the religious brings to perfection a total self-giving as a sacrifice offered to God, through which his or her whole existence becomes a continuous worship of God in charity.
§2. A religious institute is a society in which members, according to proper law, pronounce public vows, either perpetual or temporary which are to be renewed, however, when the period of time has elapsed, and lead a life of brothers or sisters in common.
§3. The public witness to be rendered by religious to Christ and the Church entails a separation from the world proper to the character and purpose of each institute.
|The People of God » Institutes of Consecrated Life and Societies of Apostolic Life » Institutes of Consecrated Life » Norms Common to All Institutes of Consecrated Life|
|Canon 606.||Those things which are established for institutes of consecrated life and their members are equally valid in law for either sex, unless it is otherwise evident from the context of the wording or the nature of the matter.|
|Canon 605.||The approval of new forms of consecrated life is reserved only to the Apostolic See. Diocesan bishops, however, are to strive to discern new gifts of consecrated life granted to the Church by the Holy Spirit and are to assist promoters so that these can express their proposals as well as possible and protect them by appropriate statutes; the general norms contained in this section are especially to be utilized.|
|Canon 604.||§1. Similar to these forms of consecrated life is the order of virgins who, expressing the holy resolution of following Christ more closely, are consecrated to God by the diocesan bishop according to the approved liturgical rite, are mystically betrothed to Christ, the Son of God, and are dedicated to the service of the Church.
§2. In order to observe their own resolution more faithfully and to perform by mutual assistance service to the Church in harmony with their proper state, virgins can be associated together.
|Canon 603.||§1. In addition to institutes of consecrated life, the Church recognizes the eremitic or anchoritic life by which the Christian faithful devote their life to the praise of God and the salvation of the world through a stricter withdrawal from the world, the silence of solitude, and assiduous prayer and penance.
§2. A hermit is recognized by law as one dedicated to God in consecrated life if he or she publicly professes in the hands of the diocesan bishop the three evangelical counsels, confirmed by vow or other sacred bond, and observes a proper program of living under his direction.
|Canon 602.||The life of brothers or sisters proper to each institute, by which all the members are united together as a special family in Christ, is to be defined in such a way that it becomes a mutual support for all in fulfilling the vocation of each. Moreover, by their communion as brothers or sisters rooted and founded in charity, members are to be an example of universal reconciliation in Christ.|
|Canon 601.||The evangelical counsel of obedience, undertaken in a spirit of faith and love in the following of Christ obedient unto death, requires the submission of the will to legitimate superiors, who stand in the place of God, when they command according to the proper constitutions.|
|Canon 600.||The evangelical counsel of poverty in imitation of Christ who, although he was rich, was made poor for us, entails, besides a life which is poor in fact and in spirit and is to be led productively in moderation and foreign to earthly riches, a dependence and limitation in the use and disposition of goods according to the norm of the proper law of each institute.|
|Canon 599.||The evangelical counsel of chastity assumed for the sake of the kingdom of heaven, which is a sign of the world to come and a source of more abundant fruitfulness in an undivided heart, entails the obligation of perfect continence in celibacy.|
|Canon 598.||§1. Each institute, attentive to its own character and purposes, is to define in its constitutions the manner in which the evangelical counsels of chastity, poverty, and obedience must be observed for its way of living.
§2. Moreover, all members must not only observe the evangelical counsels faithfully and fully but also arrange their life according to the proper law of the institute and thereby strive for the perfection of their state.
|Canon 597.||§1. Any Catholic endowed with a right intention who has the qualities required by universal and proper law and who is not prevented by any impediment can be admitted into an institute of consecrated life.
§2. No one can be admitted without suitable preparation.
|Canon 596.||§1. Superiors and chapters of institutes possess that power over members which is defined in universal law and the constitutions.
§2. In clerical religious institutes of pontifical right, however, they also possess ecclesiastical power of governance for both the external and internal forum.
§3. The prescripts of cann. 131, 133, and 137-144 apply to the power mentioned in §1.
|Canon 595.||§1. It is for the bishop of the principal seat to approve the constitutions and confirm changes legitimately introduced into them, without prejudice to those things which the Apostolic See has taken in hand, and also to treat affairs of greater importance affecting the whole institute which exceed the power of internal authority, after he has consulted the other diocesan bishops, however, if the institute has spread to several dioceses.
§2. A diocesan bishop can grant dispensations from the constitutions in particular cases.
|Canon 594.||Without prejudice to can. 586, an institute of diocesan right remains under the special care of the diocesan bishop.|
|Canon 593.||Without prejudice to the prescript of can. 586, institutes of pontifical right are immediately and exclusively subject to the power of the Apostolic See in regards to internal governance and discipline.|
|Canon 592.||§1. In order better to foster the communion of institutes with the Apostolic See, each supreme moderator is to send a brief report of the state and life of the institute to the Apostolic See, in a manner and at a time established by the latter.
§2. The moderators of every institute are to promote knowledge of documents of the Holy See which regard the members entrusted to them and are to take care about their observance.
|Canon 591.||In order to provide better for the good of institutes and the needs of the apostolate, the Supreme Pontiff, by reason of his primacy in the universal Church and with a view to common advantage, can exempt institutes of consecrated life from the governance of local ordinaries and subject them to himself alone or to another ecclesiastical authority.|
|Canon 590.||§1. Inasmuch as institutes of consecrated life are dedicated in a special way to the service of God and of the whole Church, they are subject to the supreme authority of the Church in a special way.
§2. Individual members are also bound to obey the Supreme Pontiff as their highest superior by reason of the sacred bond of obedience.
|Canon 589.||An institute of consecrated life is said to be of pontifical right if the Apostolic See has erected it or approved it through a formal decree. It is said to be of diocesan right, however, if it has been erected by a diocesan bishop but has not obtained a decree of approval from the Apostolic See.|
|Canon 588.||§1. By its very nature, the state of consecrated life is neither clerical nor lay.
§2. That institute is called clerical which, by reason of the purpose or design intended by the founder or by virtue of legitimate tradition, is under the direction of clerics, assumes the exercise of sacred orders, and is recognized as such by the authority of the Church.
§3. That institute is called lay which, recognized as such by the authority of the Church, has by virtue of its nature, character, and purpose a proper function defined by the founder or by legitimate tradition, which does not include the exercise of sacred orders.
|Canon 587.||§1. To protect more faithfully the proper vocation and identity of each institute, the fundamental code or constitutions of every institute must contain, besides those things which are to be observed as stated in can. 578, fundamental norms regarding governance of the institute, the discipline of members, incorporation and formation of members, and the proper object of the sacred bonds.
§2. A code of this type is approved by competent authority of the Church and can be changed only with its consent.
§3. In this code spiritual and juridic elements are to be joined together suitably; nevertheless, norms are not to be multiplied without necessity.
§4. Other norms established by competent authority of an institute are to be collected suitably in other codes and, moreover, can be reviewed appropriately and adapted according to the needs of places and times.
|Canon 586.||§1. A just autonomy of life, especially of governance, is acknowledged for individual institutes, by which they possess their own discipline in the Church and are able to preserve their own patrimony intact, as mentioned in can. 578.
§2. It is for local ordinaries to preserve and safeguard this autonomy.
|Canon 585.||It belongs to the competent authority of an institute to suppress its parts.|
|Canon 584.||The suppression of an institute pertains only to the Apostolic See; a decision regarding the temporal goods of the institute is also reserved to the Apostolic See.|
|Canon 583.||Changes in institutes of consecrated life affecting those things which had been approved by the Apostolic See cannot be made without its permission.|
|Canon 582.||Mergers and unions of institutes of consecrated life are reserved to the Apostolic See only; confederations and federations are also reserved to it.|
|Canon 581.||To divide an institute into parts, by whatever name they are called, to erect new parts, to join those erected, or to redefine their boundaries belongs to the competent authority of the institute, according to the norm of the constitutions.|
|Canon 580.||The aggregation of one institute of consecrated life to another is reserved to the competent authority of the aggregating institute; the canonical autonomy of the aggregated institute is always to be preserved.|
|Canon 579.||Diocesan bishops, each in his own territory, can erect institutes of consecrated life by formal decree, provided that the Apostolic See has been consulted.|
|Canon 578.||All must observe faithfully the mind and designs of the founders regarding the nature, purpose, spirit, and character of an institute, which have been sanctioned by competent ecclesiastical authority, and its sound traditions, all of which constitute the patrimony of the same institute.|
|Canon 577.||In the Church there are a great many institutes of consecrated life which have different gifts according to the grace which has been given them: they more closely follow Christ who prays, or announces the kingdom of God, or does good to people, or lives with people in the world, yet who always does the will of the Father.|
|Canon 576.||It is for the competent authority of the Church to interpret the evangelical counsels, to direct their practice by laws, and by canonical approbation to establish the stable forms of living deriving from them, and also, for its part, to take care that the institutes grow and flourish according to the spirit of the founders and sound traditions.|
|Canon 575.||The evangelical counsels, based on the teaching and examples of Christ the Teacher, are a divine gift which the Church has received from the Lord and preserves always through His grace.|
|Canon 574.||§1. The state of those who profess the evangelical counsels in institutes of this type belongs to the life and holiness of the Church and must be fostered and promoted by all in the Church.
§2. Certain Christian faithful are specially called by God to this state so that they possess a special gift in the life of the Church and contribute to its salvific mission, according to the purpose and spirit of the institute.
|Canon 573.||§1. The life consecrated through the profession of the evangelical counsels is a stable form of living by which the faithful, following Christ more closely under the action of the Holy Spirit, are totally dedicated to God who is loved most of all, so that, having been dedicated by a new and special title to His honor, to the building up of the Church, and to the salvation of the world, they strive for the perfection of charity in the service of the kingdom of God and, having been made an outstanding sign in the Church, foretell the heavenly glory.
§2. The Christian faithful freely assume this form of living in institutes of consecrated life canonically erected by competent authority of the Church. Through vows or other sacred bonds according to the proper laws of the institutes, they profess the evangelical counsels of chastity, poverty, and obedience and, through the charity to which the counsels lead, are joined in a special way to the Church and its mystery.
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » Rectors of churches and chaplains » Chaplains|
|Canon 572.||In what pertains to the removal of a chaplain, the prescript of can. 563 is to be observed.|
|Canon 571.||In the exercise of his pastoral function, a chaplain is to preserve a fitting relationship with the pastor.|
|Canon 570.||If a non-parochial church is connected to the seat of a community or group, the chaplain is to be the rector of that church, unless the care of the community or of the church requires otherwise.|
|Canon 569.||Military chaplains are governed by special laws.|
|Canon 568.||As far as possible, chaplains are to be appointed for those who are not able to avail themselves of the ordinary care of pastors because of the condition of their lives, such as migrants, exiles, refugees, nomads, sailors.|
|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, who has the right to propose a specific priest after the superior has heard the community.
§2. It is for the chaplain to celebrate or direct liturgical functions; nevertheless, he is not permitted to involve himself in the internal governance of the institute.
|Canon 566.||§1. A chaplain must be provided with all the faculties which proper pastoral care requires. In addition to those which are granted by particular law or special delegation, a chaplain possesses by virtue of office the faculty of hearing the confessions of the faithful entrusted to his care, of preaching the word of God to them, of administering Viaticum and the anointing of the sick, and of conferring the sacrament of confirmation on those who are in danger of death.
§2. In hospitals, prisons, and on sea journeys, a chaplain, moreover, has the faculty, to be exercised only in those places, of absolving from latae sententiae censures which are neither reserved nor declared, without prejudice, however, to the prescript of can. 976.
|Canon 565.||Unless the law provides otherwise or someone legitimately has special rights, a chaplain is appointed by the local ordinary to whom it also belongs to install the one presented or to confirm the one elected.|
|Canon 564.||A chaplain is a priest to whom is entrusted in a stable manner the pastoral care, at least in part, of some community or particular group of the Christian faithful, which is to be exercised according to the norm of universal and particular law.|
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » Rectors of churches and chaplains » Rectors of churches|
|Canon 563.||Without prejudice to the prescript of can. 682, §2, the local ordinary, for a just cause and according to his own prudent judgment, can remove the rector of a church from office, even if he had been elected or presented by others.|
|Canon 562.||The rector of a church, under the authority of the local ordinary and observing the legitimate statutes and acquired rights, is obliged to see to it that sacred functions are celebrated worthily in the church according to the liturgical norms and prescripts of the canons, that obligations are fulfilled faithfully, that goods are administered diligently, that the maintenance and beauty of sacred furnishings and buildings are provided for, and that nothing whatever occurs which is in any way unfitting to the holiness of the place and the reverence due to a house of God.|
|Canon 561.||No one is permitted to celebrate the Eucharist, administer the sacraments, or perform other sacred functions in the church without the permission of the rector or another legitimate superior; this permission must be granted or denied according to the norm of law.|
|Canon 560.||When the local ordinary considers it opportune, he can order a rector to celebrate in his church particular functions, even parochial ones, for the people and to make the church available for certain groups of the Christian faithful to conduct liturgical celebrations there.|
|Canon 559.||A rector can perform liturgical celebrations, even solemn ones, in the church entrusted to him, without prejudice to the legitimate laws of the foundation, and provided that, in the judgment of the local ordinary, they do not harm parochial ministry in any way.|
|Canon 558.||Without prejudice to the prescript of can. 262, a rector is not permitted to perform the parochial functions mentioned in can. 530, nn. 1-6 in the church entrusted to him unless the pastor consents or, if the matter warrants it, delegates.|
|Canon 557.||§1. The diocesan bishop freely appoints the rector of a church, without prejudice to the right of election or presentation if someone legitimately has it; in that case, it is for the diocesan bishop to confirm or install the rector.
§2. Even if a church belongs to some clerical religious institute of pontifical right, the diocesan bishop is competent to install the rector presented by the superior.
§3. The rector of a church which is connected with a seminary or other college which is governed by clerics is the rector of the seminary or college unless the diocesan bishop has determined otherwise.
|Canon 556.||Rectors of churches are understood here as priests to whom is committed the care of some church which is neither parochial nor capitular nor connected to a house of a religious community or society of apostolic life which celebrates services in it.|
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » Vicars forane|
|Canon 555.||§1. In addition to the faculties legitimately given to him by particular law, the vicar forane has the duty and right:
1. of promoting and coordinating common pastoral activity in the vicariate;
2. of seeing to it that the clerics of his district lead a life in keeping with their state and perform their duties diligently;
3. of seeing to it that religious functions are celebrated according to the prescripts of the sacred liturgy, that the beauty and elegance of churches and sacred furnishings are maintained carefully, especially in the eucharistic celebration and custody of the Most Blessed Sacrament, that the parochial registers are inscribed correctly and protected appropriately, that ecclesiastical goods are administered carefully, and finally that the rectory is cared for with proper diligence.
§2. In the vicariate entrusted to him, the vicar forane:
1. is to see to it that, according to the prescripts of particular law and at the times stated, the clerics attend lectures, theological meetings, or conferences according to the norm of can. 279, §2;
2. is to take care that spiritual supports are available to the presbyters of his district, and likewise to be concerned especially for those who find themselves in more difficult circumstances or are beset by problems.
§3. The vicar forane is to take care that the pastors of his district whom he knows to be gravely ill do not lack spiritual and material aids and that the funeral rites of those who have died are celebrated worthily. He is also to make provision so that, on the occasion of illness or death, the registers, documents, sacred furnishings, and other things which belong to the Church are not lost or removed.
§4. A vicar forane is obliged to visit the parishes of his district according to the determination made by the diocesan bishop.
|Canon 554.||§1. For the office of vicar forane, which is not tied to the office of pastor of a certain parish, the bishop is to select a priest whom he has judged suitable, after he has considered the circumstances of place and time.
§2. A vicar forane is to be appointed for a certain period of time determined by particular law.
§3. The diocesan bishop can freely remove a vicar forane from office for a just cause in accord with his own prudent judgment.
|Canon 553.||§1. A vicar forane, who is also called a dean, an archpriest, or some other name, is a priest who is placed over a vicariate forane.
§2. Unless particular law establishes otherwise, the diocesan bishop appoints the vicar forane, after he has heard the priests who exercise ministry in the vicariate in question according to his own prudent judgment.
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » Parishes, pastors, and parochial vicars|
|Canon 552.||The diocesan bishop or diocesan administrator can remove a parochial vicar for a just cause, without prejudice to the prescript of can. 682, §2.|
|Canon 551.||The prescripts of can. 531 are to be observed in regards to openings which the Christian faithful give to a vicar on the occasion of the performance of pastoral ministry.|
|Canon 550.||§1. A parochial vicar is obliged to reside in the parish or, if he has been appointed for different parishes jointly, in one of them. Nevertheless, for a just cause the local ordinary can allow him to reside elsewhere, especially in a house shared by several presbyters, provided that this is not detrimental to the performance of his pastoral functions.
§2. The local ordinary is to take care that some manner of common life in the rectory is fostered between the pastor and the vicars where this can be done.
§3. A parochial vicar possesses the same right as a pastor concerning the time of vacation.
|Canon 549.||Unless the diocesan bishop has provided otherwise according to the norm of can. 533, §3 and unless a parochial administrator has been appointed, the prescripts of can. 541, §1 are to be observed when the pastor is absent. In this case, the vicar is also bound by all the obligations of the pastor, except the obligation of applying Mass for the people.|
|Canon 548.||§1. The obligations and rights of a parochial vicar, besides being defined in the canons of this chapter, diocesan statutes, and the letter of the diocesan bishop, are more specifically determined in the mandate of the pastor.
§2. Unless the letter of the diocesan bishop expressly provides otherwise, a parochial vicar is obliged to assist the pastor in the entire parochial ministry by reason of office, except for the application of the Mass for the people, and to substitute for the pastor if the situation arises according to the norm of law.
§3. A parochial vicar is to report to the pastor regularly concerning proposed and existing pastoral endeavors in such a way that the pastor and the vicar or vicars, through common efforts, are able to provide for the pastoral care of the parish for which they are together responsible.
|Canon 547.||The diocesan bishop freely appoints a parochial vicar, after he has heard, if he has judged it opportune, the pastor or pastors of the parishes for which the parochial vicar is appointed and the vicar forane, without prejudice to the prescript of can. 682, §1.|
|Canon 546.||To be appointed a parochial vicar validly, one must be in the sacred order of the presbyterate.|
|Canon 545.||§1. Whenever it is necessary or opportune in order to carry out the pastoral care of a parish fittingly, one or more parochial vicars can be associated with the pastor. As co-workers with the pastor and sharers in his solicitude, they are to offer service in the pastoral ministry by common counsel and effort with the pastor and under his authority.
§2. A parochial vicar can be assigned either to assist in exercising the entire pastoral ministry for the whole parish, a determined part of the parish, or a certain group of the Christian faithful of the parish, or even to assist in fulfilling a specific ministry in different parishes together.
|Canon 544.||When a priest from the group mentioned in can. 517, §1 or its moderator ceases from office as well as when one of them becomes incapable of exercising his pastoral function, the parish or parishes whose care is entrusted to the group do not become vacant. It is for the diocesan bishop, however, to appoint another moderator; before someone is appointed by the bishop, the priest in the group who is senior in appointment is to fulfill this function.|
|Canon 543.||§1. If the pastoral care of some parish or of different parishes together is entrusted to priests in solidum, each of them is obliged to perform the tasks and functions of pastor mentioned in cann. 528,529, and 530 according to the arrangement they establish. All of them have the faculty of assisting at marriages and all the powers to dispense granted to a pastor by law; these are to be exercised, however, 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 to establish through common counsel an arrangement by which one of them is to celebrate a Mass for the people according to the norm of can. 534;
3. the moderator alone represents in juridic affairs the parish or parishes entrusted to the group.
|Canon 542.||Priests to whom the pastoral care of some parish or of different parishes together is entrusted in solidum according to the norm of can. 517, §1:
1. must be endowed with the qualities mentioned in can. 521;
2. are to be appointed or installed according to the norm of the prescripts of can. 522 and524;
3. obtain pastoral care only from the moment of taking possession; their moderator is placed in possession according to the norm of the prescripts of can. 527, §2; for the other priests, however, a legitimately made profession of faith replaces taking possession.
|Canon 541.||§1. When a parish becomes vacant or a pastor has been impeded from exercising his pastoral function and before the appointment of a parochial administrator, the parochial vicar is to assume the governance of the parish temporarily. If there are several vicars, the one who is senior in appointment or, if there are no vicars, a pastor determined by particular law assumes this governance.
§2. The one who has assumed the governance of a parish according to the norm of §1 is immediately to inform the local ordinary about the vacancy of the parish.
|Canon 540.||§1. A parochial administrator is bound by the same duties and possesses the same rights as a pastor unless the diocesan bishop establishes otherwise.
§2. A parochial administrator is not permitted to do anything which prejudices the rights of the pastor or can harm parochial goods.
§3. After he has completed his function, a parochial administrator is to render an account to the pastor.
|Canon 539.||When a parish becomes vacant or when a pastor is prevented from exercising his pastoral function in the parish by reason of captivity, exile or banishment, incapacity or ill health, or some other cause, the diocesan bishop is to designate as soon as possible a parochial administrator, that is, a priest who takes the place of the pastor according to the norm of can. 540.|
|Canon 538.||§1. A pastor ceases from office by removal or transfer carried out by the diocesan bishop according to the norm of law, by resignation made by the pastor himself for a just cause and accepted by the same bishop for validity, and by lapse of time if he had been appointed for a definite period according to the prescripts of particular law mentioned in can. 522.
§2. A pastor who is a member of a religious institute or is incardinated in a society of apostolic life is removed according to the norm of can. 682, §2.
§3. When a pastor has completed seventy-five years of age, he is requested to submit his resignation from office to the diocesan bishop who is to decide to accept or defer it after he has considered all the circumstances of the person and place. Attentive to the norms established by the conference of bishops, the diocesan bishop must provide suitable support and housing for a retired pastor.
|Canon 537.||In each parish there is to be a finance council which is governed, in addition to universal law, by norms issued by the diocesan bishop and in which the Christian faithful, selected according to these same norms, are to assist the pastor in the administration of the goods of the parish, without prejudice to the prescript of can. 532.|
|Canon 536.||§1. If the diocesan bishop judges it opportune after he has heard the presbyteral council, a pastoral council is to be established in each parish, over which the pastor presides and in which the Christian faithful, together with those who share in pastoral care by virtue of their office in the parish, assist in fostering pastoral activity.
§2. A pastoral council possesses a consultative vote only and is governed by the norms established by the diocesan bishop.
|Canon 535.||§1. Each parish is to have parochial registers, that is, those of baptisms, marriages, deaths, and others as prescribed by the conference of bishops or the diocesan bishop. The pastor is to see to it that these registers are accurately inscribed and carefully preserved.
§2. In the baptismal register are also to be noted ascription to a Church sui iuris and/or any transfer, also confirmation, and those things which pertain to the canonical status of the Christian faithful by reason of marriage, without prejudice to the prescript of can. 1133, of adoption, of the reception of sacred orders, of perpetual profession made in a religious institute, and of change of rite. These notations are always to be noted on a baptismal certificate.
§3. Each parish is to have its own seal. Documents regarding the canonical status of the Christian faithful and all acts which can have juridic importance are to be signed by the pastor or his delegate and sealed with the parochial seal.
§4. In each parish there is to be a storage area, or archive, in which the parochial registers are protected along with letters of bishops and other documents which are to be preserved for reason of necessity or advantage. The pastor is to take care that all of these things, which are to be inspected by the diocesan bishop or his delegate at the time of visitation or at some other opportune time, do not come into the hands of outsiders.
§5. Older parochial registers are also to be carefully protected according to the prescripts of particular law.
|Canon 534.||§1. After a pastor has taken possession of his parish, he is obliged to apply a Mass for the people entrusted to him on each Sunday and holy day of obligation in his diocese. If he is legitimately impeded from this celebration, however, he is to apply it on the same days through another or on other days himself.
§2. A pastor who has the care of several parishes is bound to apply only one Mass for the entire people entrusted to him on the days mentioned in §1.
§3. A pastor who has not satisfied the obligation mentioned in §§1 and 2 is to apply as soon as possible as many Masses for the people as he has omitted.
|Canon 533.||§1. A pastor is obliged to reside in a rectory near the church. Nevertheless, in particular cases and if there is a just cause, the local ordinary can permit him to reside elsewhere, especially in a house shared by several presbyters, provided that the performance of parochial functions is properly and suitably provided for.
§2. Unless there is a grave reason to the contrary, a pastor is permitted to be absent from the parish each year for vacation for at most one continuous or interrupted month; those days which the pastor spends once a year in spiritual retreat are not computed in the time of vacation. In order to be absent from the parish for more than a week, however, a pastor is bound to inform the local ordinary.
§3. It is for the diocesan bishop to establish norms which see to it that during the absence of the pastor, a priest endowed with the necessary faculties provides for the care of the parish.
|Canon 532.||In all juridic affairs the pastor represents the parish according to the norm of law. He is to take care that the goods of the parish are administered according to the norm of can. 1281-1288.|
|Canon 531.||Although another person has performed a certain parochial function, that person is to put the offerings received from the Christian faithful on that occasion in the parochial account, unless in the case of voluntary openings the contrary intention of the donor is certain. The diocesan bishop, after having heard the presbyteral council, is competent to establish prescripts which provide for the allocation of these openings and the remuneration of clerics fulfilling the same function.|
|Canon 530.||The following functions are especially entrusted to a pastor:
1. the administration of baptism;
2. the administration of the sacrament of confirmation to those who are in danger of death, according to the norm of can. 883, n. 3;
3. the administration of Viaticum and of the anointing of the sick, without prejudice to the prescript of cann. 1003, §§2 and 3, and the imparting of the apostolic blessing;
4. the assistance at marriages and the nuptial blessing;
5. the performance of funeral rites;
6. the blessing of the baptismal font at Easter time, the leading of processions outside the church, and solemn blessings outside the church;
7. the more solemn eucharistic celebration on Sundays and holy days of obligation.
|Canon 529.||§1. In order to fulfill his office diligently, a pastor is to strive to know the faithful entrusted to his care.
Therefore he is to visit families, sharing especially in the cares, anxieties, and griefs of the faithful, strengthening them in the Lord, and prudently correcting them if they are failing in certain areas. With generous love he is to help the sick, particularly those close to death, by refreshing them solicitously with the sacraments and commending their souls to God; with particular diligence he is to seek out the poor, the afflicted, the lonely, those exiled from their country, and similarly those weighed down by special difficulties. He is to work so that spouses and parents are supported in fulfilling their proper duties and is to foster growth of Christian life in the family.
§2. A pastor is to recognize and promote the proper part which the lay members of the Christian faithful have in the mission of the Church, by fostering their associations for the purposes of religion. He is to cooperate with his own bishop and the presbyterium of the diocese, also working so that the faithful have concern for parochial communion, consider themselves members of the diocese and of the universal Church, and participate in and sustain efforts to promote this same communion.
|Canon 528.||§1. A pastor is obliged to make provision so that the word of God is proclaimed in its entirety to those living in the parish; for this reason, he is to take care that the lay members of the Christian faithful are instructed in the truths of the faith, especially by giving a homily on Sundays and holy days of obligation and by offering catechetical instruction. He is to foster works through which the spirit of the gospel is promoted, even in what pertains to social justice. He is to have particular care for the Catholic education of children and youth. He is to make every effort, even with the collaboration of the Christian faithful, so that the message of the gospel comes also to those who have ceased the practice of their religion or do not profess the true faith.
§2. The pastor is to see to it that the Most Holy Eucharist is the center of the parish assembly of the faithful.
He is to work so that the Christian faithful are nourished through the devout celebration of the sacraments and, in a special way, that they frequently approach the sacraments of the Most Holy Eucharist and penance. He is also to endeavor that they are led to practice prayer even as families and take part consciously and actively in the sacred liturgy which, under the authority of the diocesan bishop, the pastor must direct in his own parish and is bound to watch over so that no abuses creep in.
|Canon 527.||§1. The person who has been promoted to carry out the pastoral care of a parish obtains this care and is bound to exercise it from the moment of taking possession.
§2. The local ordinary or a priest delegated by him places the pastor in possession; he is to observe the method accepted by particular law or legitimate custom. The same ordinary, however, can dispense from that method for a just cause; in this case, the notification of the dispensation to the parish replaces the taking of possession.
§3. The local ordinary is to prescribe the time within which possession of a parish must be taken. When this has elapsed without action, he can declare the parish vacant unless there was a just impediment.
|Canon 526.||§1. A pastor is to have the parochial care of only one parish; nevertheless, because of a lack of priests or other circumstances, the care of several neighboring parishes can be entrusted to the same pastor.
§2. In the same parish there is to be only one pastor or moderator in accord with the norm of can. 517, §1; any contrary custom is reprobated and any contrary privilege whatsoever is revoked.
|Canon 525.||When a see is vacant or impeded, it belongs to the diocesan administrator or another who governs the diocese temporarily:
1. to install or confirm presbyters who have been legitimately presented or elected for a parish;
2. to appoint pastors if the see has been vacant or impeded for a year.
|Canon 524.||A diocesan bishop is to entrust a vacant parish to the one whom he considers suited to fulfill its parochial care, after weighing all the circumstances and without any favoritism. To make a judgment about suitability, he is to hear the vicar forane and conduct appropriate investigations, having heard certain presbyters and lay members of the Christian faithful, if it is warranted.|
|Canon 523.||Without prejudice to the prescript of can. 682, §1, the provision of the office of pastor belongs to the diocesan bishop, and indeed by free conferral, unless someone has the right of presentation or election.|
|Canon 522.||A pastor must possess stability and therefore is to be appointed for an indefinite period of time. The diocesan bishop can appoint him only for a specific period if the conference of bishops has permitted this by a decree.|
|Canon 521.||§1. To become a pastor validly, one must be in the sacred order of the presbyterate.
§2. Moreover, he is to be outstanding in sound doctrine and integrity of morals and endowed with zeal for souls and other virtues; he is also to possess those qualities which are required by universal or particular law to care for the parish in question.
§3. For the office of pastor to be conferred on someone, his suitability must be clearly evident by some means determined by the diocesan bishop, even by means of an examination.
|Canon 520.||§1. A juridic person is not to be a pastor. With the consent of the competent superior, however, a diocesan bishop, but not a diocesan administrator, can entrust a parish to a clerical religious institute or clerical society of apostolic life, even by erecting it in a church of the institute or society, with the requirement, however, that one presbyter is to be the pastor of the parish or, if the pastoral care is entrusted to several in solidum, the moderator as mentioned in can. 517, §1.
§2. The entrusting of a parish mentioned in §1 can be made either perpetually or for a specific, predetermined time. In either case it is to be made by means of a written agreement between the diocesan bishop and the competent superior of the institute or society, which expressly and accurately defines, among other things, the work to be accomplished, the persons to be assigned to the parish, and the Financial arrangements.
|Canon 519.||The pastor (*parochus*) is the proper pastor (*pastor*) of the parish entrusted to him, exercising the pastoral care of the community committed to him under the authority of the diocesan bishop in whose ministry of Christ he has been called to share, so that for that same community he carries out the functions of teaching, sanctifying, and governing, also with the cooperation of other presbyters or deacons and with the assistance of lay members of the Christian faithful, according to the norm of law.|
|Canon 518.||As a general rule a parish is to be territorial, that is, one which includes all the Christian faithful of a certain territory. When it is expedient, however, personal parishes are to be established determined by reason of the rite, language, or nationality of the Christian faithful of some territory, or even for some other reason.|
|Canon 517.||§1. When circumstances require it, the pastoral care of a parish or of different parishes together can be entrusted to several priests *in solidum*, with the requirement, however, that in exercising pastoral care one of them must be the moderator, namely, the one who is to direct the joint action and to answer for it to the bishop.
§2. If, because of a lack of priests, the diocesan bishop has decided that participation in the exercise of the pastoral care of a parish is to be entrusted to a deacon, to another person who is not a priest, or to a community of persons, he is to appoint some priest who, provided with the powers and faculties of a pastor, is to direct the pastoral care.
|Canon 516.||§1. Unless the law provides otherwise, a quasi-parish is equivalent to a parish; a quasi-parish is a definite community of the Christian faithful in a particular church, entrusted to a priest as its proper pastor but not yet erected as a parish because of particular circumstances.
§2. When certain communities cannot be erected as parishes or quasi-parishes, the diocesan bishop is to provide for their pastoral care in another way.
|Canon 515.||§1. A parish is a certain community of the Christian faithful stably constituted in a particular church, whose pastoral care is entrusted to a pastor (*parochus*) as its proper pastor (*pastor*) under the authority of the diocesan bishop.
§2. It is only for the diocesan bishop to erect, suppress, or alter parishes. He is neither to erect, suppress, nor alter notably parishes, unless he has heard the presbyteral council.
§3. A legitimately erected parish possesses juridic personality by the law itself.
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The pastoral council|
|Canon 514.||§1. A pastoral council possesses only a consultative vote. It belongs to the diocesan bishop alone to convoke it according to the needs of the apostolate and to preside over it; it also belongs to him alone to make public what has been done in the council.
§2. The pastoral council is to be convoked at least once a year.
|Canon 513.||§1. A pastoral council is constituted for a period of time according to the prescripts of the statutes which are issued by the bishop.
§2. When the see is vacant, a pastoral council ceases.
|Canon 512.||§1. A pastoral council consists of members of the Christian faithful who are in full communion with the Catholic Church—clerics, members of institutes of consecrated life, and especially laity—who are designated in a manner determined by the diocesan bishop.
§2. The Christian faithful who are designated to a pastoral council are to be selected in such a way that they truly reflect the entire portion of the people of God which constitutes the diocese, with consideration given to the different areas of the diocese, social conditions and professions, and the role which they have in the apostolate whether individually or joined with others.
§3. No one except members of the Christian faithful outstanding in firm faith, good morals, and prudence is to be designated to a pastoral council.
|Canon 511.||In every diocese and to the extent that pastoral circumstances suggest it, a pastoral council is to be constituted which under the authority of the bishop investigates, considers, and proposes practical conclusions about those things which pertain to pastoral works in the diocese.|
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » Chapters of canons|
|Canon 510.||§1. Parishes are no longer to be joined to a chapter of canons; the diocesan bishop is to separate from a chapter those parishes which are united to it.
§2. In a church which is at the same time parochial and capitular, a pastor is to be designated, whether chosen from among the members of the chapter or not. This pastor is bound by all the duties and possesses the rights and faculties which are proper to a pastor according to the norm of law.
§3. It is for the diocesan bishop to establish definite norms which fittingly integrate the pastoral duties of the pastor and the functions proper to the chapter, taking care that the pastor is not a hindrance to capitular functions nor the chapter to parochial functions. The diocesan bishop, who above all is to take care that the pastoral needs of the faithful are aptly provided for, is to resolve conflicts if they occur.
§4. Alms given to a church which is at the same time parochial and capitular are presumed given to the parish unless it is otherwise evident.
|Canon 509.||§1. After having heard the chapter, it is for the diocesan bishop, but not a diocesan administrator, to confer each and every canonry, both in a cathedral church and in a collegial church; every contrary privilege is revoked.
It is for the same bishop to confirm the person elected by the chapter to preside over it.
§2. A diocesan bishop is to confer canonries only upon priests outstanding in doctrine and integrity of life, who have laudably exercised the ministry.
|Canon 508.||§1. By virtue of office, the canon penitentiary of a cathedral church and of a collegial church has the ordinary faculty, which he cannot delegate to others, of absolving in the sacramental forum outsiders within the diocese and members of the diocese even outside the territory of the diocese from undeclared latae sentential censures not reserved to the Apostolic See.
§2. Where there is no chapter, the diocesan bishop is to appoint a priest to fulfill the same function.
|Canon 507.||§1. One of the canons is to preside over the chapter; other offices are also to be constituted according to the norm of the statutes, after the practice prevailing in the region has been taken into consideration.
§2. Other offices can be entrusted to clerics who do not belong to the chapter; through these offices they assist the canons according to the norm of the statutes.
|Canon 506.||§1. The statutes of a chapter are to determine the constitution of the chapter and the number of canons, always without prejudice to the laws of its foundation. They are to define those things which the chapter and individual canons are to do in the performance of divine worship and ministry. They are to determine the meetings in which the affairs of the chapter are handled and establish the conditions required for the validity and liceity of those affairs, without prejudice to the prescripts of universal law.
§2. The statutes are also to define the compensation, whether stable or to be given on the occasion of the performance of some function, and, attentive to the norms issued by the Holy See, the insignia of the canons.
|Canon 505.||Each and every chapter, whether cathedral or collegial, is to have its own statutes, drawn up through a legitimate capitular act and approved by the diocesan bishop. These statutes are neither to be changed nor abrogated except with the approval of the same diocesan bishop.|
|Canon 504.||The erection, alteration, or suppression of a cathedral chapter is reserved to the Apostolic See.|
|Canon 503.||A chapter of canons, whether cathedral or collegial, is a college of priests which performs more solemn liturgical functions in a cathedral or collegial church. In addition, it is for the cathedral chapter to fulfill the functions which the law or the diocesan bishop entrusts to it.|
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The presbyteral council and the college of consultors|
|Canon 502.||§1. From among the members of the presbyteral council and in a number not less than six nor more than twelve, the diocesan bishop freely appoints some priests who are to constitute for five years a college of consultors, to which belongs the functions determined by law. When the five years elapse, however, it continues to exercise its proper functions until a new college is established.
§2. The diocesan bishop presides offer the college of consultors. When a see is impeded or vacant, however, the one who temporarily takes the place of the bishop or, if he has not yet been appointed, the priest who is senior in ordination in the college of consultors presides.
§3. The conference of bishops can establish that the functions of the college of consultors are to be entrusted to the cathedral chapter.
§4. In an apostolic vicariate and prefecture, the council of the mission mentioned in can. 495, §2 has the functions of the college of consultors unless the law establishes otherwise.
|Canon 501.||§1. Members of the presbyteral council are to be designated for a time determined in the statutes, in such a way, however, that the entire council or some part of it is renewed within five years.
§2. When a see is vacant, the presbyteral council ceases and the college of consultors fulfills its functions.
Within a year of taking possession, a bishop must establish the presbyteral council anew.
§3. If the presbyteral council does not fulfill the function entrusted to it for the good of the diocese or gravely abuses it, the diocesan bishop, after having consulted with the metropolitan, or, if it concerns the metropolitan see itself, with the suffragan bishop senior in promotion, can dissolve it but must establish it anew within a year.
|Canon 500.||§1. It is for the diocesan bishop to convoke the presbyteral council, preside over it, and determine the questions to be treated by it or receive proposals from the members.
§2. The presbyteral council possesses only a consultative vote; the diocesan bishop is to hear it in affairs of greater importance but needs its consent only in cases expressly defined by law.
§3. The presbyteral council is not able to act without the diocesan bishop who alone has charge of making public those things which have been established according to the norm of §2.
|Canon 499.||The manner of electing members of the presbyteral council must be determined in the statutes in such a way that, insofar as possible, the priests of the presbyterium are represented, taking into account especially the different ministries and various regions of the diocese.|
|Canon 498.||§1. The following have the right of election, both active and passive, in constituting a presbyteral council:
1. all secular priests incardinated in the diocese;
2. secular priests not incardinated in the diocese and priests who are members of some religious institute or society of apostolic life, who reside in the diocese and exercise some office for the good of the diocese.
§2. To the extent that the statutes provide for it, the same right of election can be conferred on other priests who have a domicile or quasi-domicile in the diocese.
|Canon 497.||In what pertains to the designation of members of the presbyteral council:
1. the priests themselves are freely to elect about half, according to the norm of the following canons and of the statutes;
2. according to the norm of the statutes, some priests must be ex officio members, that is, members who are to belong to the council by reason of the office entrusted to them;
3. the diocesan bishop is freely entitled to appoint others.
|Canon 496.||The presbyteral council is to have its own statutes approved by the diocesan bishop, attentive to the norms issued by the conference of bishops.|
|Canon 495.||§1. In each diocese a presbyteral council is to be established, that is, a group of priests which, representing the presbyterium, is to be like a senate of the bishop and which assists the bishop in the governance of the diocese according to the norm of law to promote as much as possible the pastoral good of the portion of the people of God entrusted to him.
§2. In apostolic vicariates and prefectures, the vicar or prefect is to establish a council of at least three missionary presbyters whose opinion, even by letter, he is to hear in more serious matters.
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The diocesan curia » The finance council and the finance officer|
|Canon 494.||§1. In every diocese, after having heard the college of consultors and the Finance council, the bishop is to appoint a Finance officer who is truly expert in Financial affairs and absolutely distinguished for honesty.
§2. The Finance officer is to be appointed for a Five year term but can be appointed for other Five year terms at the end of this period. The finance officer is not to be removed while in this function except for a grave cause to be assessed by the bishop after he has heard the college of consultors and the Finance council.
§3. It is for the Finance officer to administer the goods of the diocese under the authority of the bishop in accord with the budget determined by the Finance council and, from the income of the diocese, to meet expenses which the bishop or others designated by him have legitimately authorized.
§4. At the end of the year, the Finance officer must render an account of receipts and expenditures to the Finance council.
|Canon 493.||In addition to the functions entrusted to it in Book V, The Temporal Goods of the Church, the Finance council prepares each year, according to the directions of the diocesan bishop, a budget of the income and expenditures which are foreseen for the entire governance of the diocese in the coming year and at the end of the year examines an account of the revenues and expenses.|
|Canon 492.||§1. In every diocese a Finance council is to be established, over which the diocesan bishop himself or his delegate presides and which consists of at least three members of the Christian faithful truly expert in Financial affairs and civil law, outstanding in integrity, and appointed by the bishop.
§2. Members of the Finance council are to be appointed for Five years, but at the end of this period they can be appointed for other Five year terms.
§3. Persons who are related to the bishop up to the fourth degree of consanguinity or affnity are excluded from the Finance council.
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The diocesan curia » The chancellor, other notaries, and the archives|
|Canon 491.||§1. A diocesan bishop is to take care that the acts and documents of the archives of cathedral, collegiate, parochial, and other churches in his territory are also diligently preserved and that inventories or catalogs are made in duplicate, one of which is to be preserved in the archive of the church and the other in the diocesan archive.
§2. A diocesan bishop is also to take care that there is an historical archive in the diocese and that documents having historical value are diligently protected and systematically ordered in it.
§3. In order to inspect or remove the acts and documents mentioned in §§1 and 2, the norms established by the diocesan bishop are to be observed.
|Canon 490.||§1. Only the bishop is to have the key to the secret archive.
§2. When a see is vacant, the secret archive or safe is not to be opened except in a case of true necessity by the diocesan administrator himself.
§3. Documents are not to be removed from the secret archive or safe.
|Canon 489.||§1. In the diocesan curia there is also to be a secret archive, or at least in the common archive there is to be a safe or cabinet, completely closed and locked, which cannot be removed; in it documents to be kept secret are to be protected most securely.
§2. Each year documents of criminal cases in matters of morals, in which the accused parties have died or ten years have elapsed from the condemnatory sentence, are to be destroyed. A brief summary of what occurred along with the text of the definitive sentence is to be retained.
|Canon 488.||It is not permitted to remove documents from the archive except for a brief time only and with the consent either of the bishop or of both the moderator of the curia and the chancellor.|
|Canon 487.||§1. The archive must be locked and only the bishop and chancellor are to have its key. No one is permitted to enter except with the permission either of the bishop or of both the moderator of the curia and the chancellor.
§2. Interested parties have the right to obtain personally or through a proxy an authentic written copy or photocopy of documents which by their nature are public and which pertain to their personal status.
|Canon 486.||§1. All documents which regard the diocese or parishes must be protected with the greatest care.
§2. In every curia there is to be erected in a safe place a diocesan archive, or record storage area, in which instruments and written documents which pertain to the spiritual and temporal affairs of the diocese are to be safeguarded after being properly filled and diligently secured.
§3. An inventory, or catalog, of the documents which are contained in the archive is to be kept with a brief synopsis of each written document.
|Canon 485.||The chancellor and other notaries can be freely removed from office by the diocesan bishop, but not by a diocesan administrator except with the consent of the college of consultors.|
|Canon 484.||It is the duty of notaries:
1. to draw up the acts and instruments regarding decrees, dispositions, obligations, or other things which require their action;
2. to record faithfully in writing what has taken place and to sign it with a notation of the place, day, month, and year;
3. having observed what is required, to furnish acts or instruments to one who legitimately requests them from the records and to declare copies of them to be in conformity with the original.
|Canon 483.||§1. Besides the chancellor, other notaries can be appointed whose writing or signature establishes authenticity for any acts, for judicial acts only, or for acts of a certain case or affair only.
§2. The chancellor and notaries must be of unimpaired reputation and above all suspicion. In cases in which the reputation of a priest can be called into question, the notary must be a priest.
|Canon 482.||§1. In every curia a chancellor is to be appointed whose principal function, unless particular law establishes otherwise, is to take care that acts of the curia are gathered, arranged, and safeguarded in the archive of the curia.
§2. If it seems necessary, the chancellor can be given an assistant whose title is to be vice-chancellor.
§3. By reason of being chancellor and vice-chancellor they are notaries and secretaries of the curia.
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The diocesan curia » Vicars general and episcopal vicars|
|Canon 481.||§1. The power of a vicar general and an episcopal vicar ceases at the expiration of the time of the mandate, by resignation, by removal made known to them by the diocesan bishop, without prejudice to cann. 406 and 409, and at the vacancy of the episcopal see.
§2. When the function of the diocesan bishop is suspended, the power of a vicar general and an episcopal vicar is suspended also unless they are bishops.
|Canon 480.||A vicar general and an episcopal vicar must report to the diocesan bishop concerning the more important affairs which are to be handled or have been handled, and they are never to act contrary to the intention and mind of the diocesan bishop.|
|Canon 479.||§1. By virtue of office, the vicar general has the executive power over the whole diocese which belongs to the diocesan bishop by law, namely, the power to place all administrative acts except those, however, which the bishop has reserved to himself or which require a special mandate of the bishop by law.
§2. By the law itself an episcopal vicar has the same power mentioned in §1 but only over the specific part of the territory or the type of affairs or the faithful of a specific rite or group for which he was appointed, except those cases which the bishop has reserved to himself or to a vicar general or which require a special mandate of the bishop by law.
§3. Within the limit of their competence, the habitual faculties granted by the Apostolic See to the bishop and the execution of rescripts also pertain to a vicar general and an episcopal vicar, unless it has been expressly provided otherwise or the personal qualifications of the diocesan bishop were chosen.
|Canon 478.||§1. A vicar general and an episcopal vicar are to be priests not less than thirty years old, doctors or licensed in canon law or theology or at least truly expert in these disciplines, and recommended by sound doctrine, integrity, prudence, and experience in handling matters.
§2. The function of vicar general and episcopal vicar can neither be coupled with the function of canon penitentiary nor be entrusted to blood relatives of the bishop up to the fourth degree.
|Canon 477.||§1. The diocesan bishop freely appoints a vicar general and an episcopal vicar and can freely remove them, without prejudice to the prescript of can. 406. An episcopal vicar who is not an auxiliary bishop is to be appointed only for a time to be determined in the act of appointment.
§2. When a vicar general is absent or legitimately impeded, a diocesan bishop can appoint another to take his place; the same norm applies to an episcopal vicar.
|Canon 476.||Whenever the correct governance of a diocese requires it, the diocesan bishop can also appoint one or more episcopal vicars, namely, those who in a specific part of the diocese or in a certain type of affairs or over the faithful of a specific rite or over certain groups of persons possess the same ordinary power which a vicar general has by universal law, according to the norm of the following canons.|
|Canon 475.||§1. In each diocese the diocesan bishop must appoint a vicar general who is provided with ordinary power according to the norm of the following canons and who is to assist him in the governance of the whole diocese.
§2. As a general rule, one vicar general is to be appointed unless the size of the diocese, the number of inhabitants, or other pastoral reasons suggest otherwise.
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The diocesan curia|
|Canon 474.||For validity, acts of the curia which are to have juridic effect must 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, moreover, is bound to inform the moderator of the curia concerning such acts.|
|Canon 473.||§1. A diocesan bishop must take care that all the affairs which belong to the administration of the whole diocese are duly coordinated and are ordered to attain more suitably the good of the portion of the people of God entrusted to him.
§2. It is for the diocesan bishop himself to coordinate the pastoral action of the vicars general or episcopal vicars. Where it is expedient, a moderator of the curia can be appointed who must be a priest and who, under the authority of the bishop, is to coordinate those things which pertain to the treatment of administrative affairs and to take care that the other members of the curia properly fulfill the office entrusted to them.
§3. Unless in the judgment of the bishop local circumstances suggest otherwise, the vicar general or if there are several, one of the vicars general, is to be appointed moderator of the curia.
§4. Where the bishop has judged it expedient, he can establish an episcopal council, consisting of the vicars general and episcopal vicars, to foster pastoral action more suitably.
|Canon 472.||The prescripts of Book VII, Processes, are to be observed regarding cases and persons which belong to the exercise of judicial power in the curia. The prescripts of the following canons, however, are to be observed regarding those things which pertain to the administration of the diocese.|
|Canon 471.||All those who are admitted to offices in the curia must:
1. promise to fulfill their function faithfully according to the manner determined by law or by the bishop;
2. observe secrecy within the limits and according to the manner determined by law or by the bishop.
|Canon 470.||The appointment of those who exercise offices in the diocesan curia pertains to the diocesan bishop.|
|Canon 469.||The diocesan curia consists of those institutions and persons which assist the bishop in the governance of the whole diocese, especially in guiding pastoral action, in caring for the administration of the diocese, and in exercising judicial power.|
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The diocesan synod|
|Canon 468.||§1. The diocesan bishop is competent to suspend or dissolve a diocesan synod according to his prudent judgment.
§2. When an episcopal see is vacant or impeded, a diocesan synod is interrupted by the law itself until the succeeding diocesan bishop has decided that it is to be continued or has declared it terminated.
|Canon 467.||The diocesan bishop is to communicate the texts of the synodal declarations and decrees to the metropolitan and the conference of bishops.|
|Canon 466.||The only legislator in a diocesan synod is the diocesan bishop; the other members of the synod possess only a consultative vote. Only he signs the synodal declarations and decrees, which can be published by his authority alone.|
|Canon 465.||All proposed questions are subject to the free discussion of the members during sessions of the synod.|
|Canon 464.||If a member of the synod is prevented by a legitimate impediment, the member cannot send a proxy to attend it in his or her name. The member, however, is to inform the diocesan bishop of this impediment.|
|Canon 463.||§1. The following must be called to a diocesan synod as members of the synod and are obliged to participate in it:
1. a coadjutor bishop and auxiliary bishops;
2. vicars general, episcopal vicars, and the judicial vicar;
3. canons of the cathedral church;
4. members of the presbyteral council;
5. lay members of the Christian faithful, even members of institutes of consecrated life, chosen by the pastoral council in a manner and number to be determined by the diocesan bishop or, where this council does not exist, in a manner determined by the diocesan bishop;
6. the rector of the diocesan major seminary;
7. vicars forane;
8. at least one presbyter from each vicariate forane, chosen by all those who have the care of souls there; also another presbyter must be chosen who, if the first is impeded, is to take his place;
9. some superiors of religious institutes and of societies of apostolic life which have a house in the diocese, chosen in a number and manner determined by the diocesan bishop.
§2. The diocesan bishop can also call others to a diocesan synod as members of the synod; they can be clerics, members of institutes of consecrated life, or lay members of the Christian faithful.
§3. If the diocesan bishop has judged it opportune, he can invite as observers to the diocesan synod other ministers or members of Churches or ecclesial communities which are not in full communion with the Catholic Church.
|Canon 462.||§1. The diocesan bishop alone convokes a diocesan synod, but not one who temporarily presides over a diocese.
§2. The diocesan bishop presides over a diocesan synod. He can, however, delegate a vicar general or episcopal vicar to fulfill this responsibility for individual sessions of the synod.
|Canon 461.||§1. A diocesan synod is to be celebrated in individual particular churches when circumstances suggest it in the judgment of the diocesan bishop after he has heard the presbyteral council.
§2. If a bishop has the care of several dioceses or has the care of one as the proper bishop but of another as administrator, he can convoke one diocesan synod for all the dioceses entrusted to him.
|Canon 460.||A diocesan synod is a group of selected priests and other members of the Christian faithful of a particular church who offer assistance to the diocesan bishop for the good of the whole diocesan community according to the norm of the following canons.|
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Groupings of Particular Churches » Conferences of bishops|
|Canon 459.||§1. Relations between conferences of bishops, especially neighboring ones, are to be fostered in order to promote and protect the greater good.
§2. Whenever conferences enter into actions or programs having an international character, however, the Apostolic See must be heard.
|Canon 458.||It is for the general secretariat:
1. to prepare a report of the acts and decrees of a plenary meeting of a conference and the acts of the permanent council of bishops, to communicate the same to all the members of the conference, and to draw up other acts whose preparation the president of the conference or the permanent council entrusts to the general secretary;
2. to communicate to neighboring conferences of bishops the acts and documents which the conference in plenary meeting or the permanent council of bishops decides to send to them.
|Canon 457.||It is for the permanent council of bishops to take care that the agenda for a plenary session of a conference is prepared and that decisions made in plenary session are properly executed. It is also for the council to take care of other affairs which are entrusted to it according to the norm of the statutes.|
|Canon 456.||When a plenary meeting of a conference of bishops has ended, the president is to send a report of the acts of the conference and its decrees to the Apostolic See so that the acts are brought to its notice and it can review the decrees if there are any.|
|Canon 455.||§1. A conference of bishops can only issue general decrees in cases where universal law has prescribed it or a special mandate of the Apostolic See has established it either motu proprio or at the request of the conference itself.
§2. The decrees mentioned in §1, in order to be enacted validly in a plenary meeting, must be passed by at least a two thirds vote of the prelates who belong to the conference and possess a deliberative vote. They do not obtain binding force unless they have been legitimately promulgated after having been reviewed by the Apostolic See.
§3. The conference of bishops itself determines the manner of promulgation and the time when the decrees take effect.
§4. In cases in which neither universal law nor a special mandate of the Apostolic See has granted the power mentioned in §1 to a conference of bishops, the competence of each diocesan bishop remains intact, nor is a conference or its president able to act in the name of all the bishops unless each and every bishop has given consent.
|Canon 454.||§1. By the law itself, diocesan bishops, those who are equivalent to them in law, and coadjutor bishops have a deliberative vote in plenary meetings of a conference of bishops.
§2. Auxiliary bishops and other titular bishops who belong to a conference of bishops have a deliberative or consultative vote according to the prescripts of the statutes of the conference. Nonetheless, only those mentioned in §1 have a deliberative vote in drawing up or changing the statutes.
|Canon 453.||Plenary meetings of a conference of bishops are to be held at least once each year and, in addition, whenever particular circumstances require it, according to the prescripts of the statutes.|
|Canon 452.||§1. Each conference of bishops is to elect a president for itself, is to determine who is to perform the function of pro-president when the president is legitimately impeded, and is to designate a general secretary, according to the norm of the statutes.
§2. The president of a conference, and, when he is legitimately impeded, the pro-president, presides not only over the general meetings of the conference of bishops but also over the permanent council.
|Canon 451.||Each conference of bishops is to prepare its own statutes which must be reviewed by the Apostolic See and which are to organize, among other things, the plenary meetings of the conference which are to be held and to provide for a permanent council of bishops, a general secretariat of the conference, and also other offices and commissions which, in the judgment of the conference, more effectively help it to achieve its purpose.|
|Canon 450.||§1. To a conference of bishops belong by the law itself all diocesan bishops in the territory, those equivalent to them in law, coadjutor bishops, auxiliary bishops, and other titular bishops who perform in the same territory a special function entrusted to them by the Apostolic See or conference of bishops. Ordinaries of another rite can also be invited though in such a way that they have only a consultative vote unless the statutes of the conference of bishops decree otherwise.
§2. Other titular bishops and the legate of the Roman Pontiff are not by law members of a conference of bishops.
|Canon 449.||§1. It is only for the supreme authority of the Church to erect, suppress, or alter conferences of bishops, after having heard the bishops concerned.
§2. A legitimately erected conference of bishops possesses juridic personality by the law itself.
|Canon 448.||§1. As a general rule, a conference of bishops includes those who preside over all the particular churches of the same nation, according to the norm of can. 450.
§2. If, however, in the judgment of the Apostolic See, having heard the diocesan bishops concerned, the circumstances of persons or things suggest it, a conference of bishops can be erected for a territory of lesser or greater area, so that it only includes either bishops of some particular churches constituted in a certain territory or those who preside over particular churches in different nations. It is for the Apostolic See to establish special norms for each of them.
|Canon 447.||A conference of bishops, a permanent institution, is a group of bishops of some nation or certain territory who jointly exercise certain pastoral functions for the Christian faithful of their territory in order to promote the greater good which the Church offers to humanity, especially through forms and programs of the apostolate fittingly adapted to the circumstances of time and place, according to the norm of law.|
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Groupings of Particular Churches » Particular councils|
|Canon 446.||When a particular council has ended, the president is to take care that all the acts of the council are sent to the Apostolic See. Decrees issued by a council are not to be promulgated until the Apostolic See has reviewed them. It is for the council itself to define the manner of promulgation of the decrees and the time when the promulgated decrees begin to oblige.|
|Canon 445.||A particular council, for its own territory, takes care that provision is made for the pastoral needs of the people of God and possesses the power of governance, especially legislative power, so that, always without prejudice to the universal law of the Church, it is able to decide what seems opportune for the increase of the faith, the organization of common pastoral action, and the regulation of morals and of the common ecclesiastical discipline which is to be observed, promoted, and protected.|
|Canon 444.||§1. All who are called to particular councils must attend them unless they are prevented by a just impediment, about which they are bound to inform the president of the council.
§2. Those who are called to particular councils and have a deliberative vote in them can send a proxy if they are prevented by a just impediment; the proxy has only a consultative vote.
|Canon 443.||§1. The following must be called to particular councils and have the right of a deliberative vote in them:
1. diocesan bishops;
2. coadjutor and auxiliary bishops;
3. other titular bishops who perform in the territory a special function committed to them by the Apostolic See or the conference of bishops.
§2. Other titular bishops, even retired ones, living in the territory can be called to particular councils; they also have the right of a deliberative vote.
§3. The following must be called to particular councils but with only a consultative vote:
1. the vicars general and episcopal vicars of all the particular churches in the territory;
2. major superiors of religious institutes and societies of apostolic life in a number for both men and women which the conference of bishops or the bishops of the province are to determine; these superiors are to be elected respectively by all the major superiors of the institutes and societies which have a seat in the territory;
3. rectors of ecclesiastical and Catholic universities and deans of faculties of theology and of canon law, which have a seat in the territory;
4. some rectors of major seminaries elected by the rectors of the seminaries which are located in the territory, in a number to be determined as in n. 2.
§4. Presbyters and other members of the Christian faithful can also be called to particular councils, but with only a consultative vote and in such a way that their number does not exceed half the number of those mentioned in §§1-3.
§5. Moreover, cathedral chapters and the presbyteral council and pastoral council of each particular church are to be invited to provincial councils in such a way that each of them sends two of their members designated collegially by them; however, they have only a consultative vote.
§6. Others can also be invited as guests to particular councils, if it is expedient in the judgment of the conference of bishops for a plenary council, or of the metropolitan together with the suffragan bishops for a provincial council.
|Canon 442.||§1. It is for the metropolitan with the consent of the majority of the suffragan bishops:
1. to convoke a provincial council;
2. to select the place to celebrate the provincial council within the territory of the province;
3. to determine the agenda and questions to be treated, set the opening and duration of the provincial council, transfer, extend, and dissolve it.
§2. It is for the metropolitan or, if he is legitimately impeded, a suffragan bishop elected by the other sufuffagan bishops to preside over a provincial council.
|Canon 441.||It is for the conference of bishops:
1. to convoke a plenary council;
2. to select the place to celebrate the council within the territory of the conference of bishops;
3. to select from among the diocesan bishops a president of the plenary council whom the Apostolic See must approve;
4. to determine the agenda and questions to be treated, set the opening and duration of a plenary council, transfer, extend, and dissolve it.
|Canon 440.||§1. A provincial council for the different particular churches of the same ecclesiastical province is to be celebrated whenever it seems opportune in the judgment of the majority of the diocesan bishops of the province, without prejudice to can. 439, §2.
§2. When a metropolitan see is vacant, a provincial council is not to be convoked.
|Canon 439.||§1. A plenary council, that is, one for all the particular churches of the same conference of bishops, is to be celebrated whenever it seems necessary or useful to the conference of bishops, with the approval of the Apostolic See.
§2. The norm established in §1 is valid also for the celebration of a provincial council in an ecclesiastical province whose boundaries coincide with the territory of a nation.
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Groupings of Particular Churches » Metropolitans|
|Canon 438.||The titles of patriarch and primate entail no power of governance in the Latin Church apart from a prerogative of honor unless in some matters the contrary is clear from apostolic privilege or approved custom.|
|Canon 437.||§1. Within three months from the reception of episcopal consecration or if he has already been consecrated, from the canonical provision, a metropolitan is obliged to request the pallium from the Roman Pontiff either personally or through a proxy. The pallium signifies the power which the metropolitan, in communion with the Roman Church, has by law in his own province.
§2. A metropolitan can use the pallium according to the norm of liturgical laws within any church of the ecclesiastical province over which he presides, but not outside it, even if the diocesan bishop gives his assent.
§3. A metropolitan needs a new pallium if he is transferred to another metropolitan see.
|Canon 436.||§1. In the suffragan dioceses, a metropolitan is competent:
1. to exercise vigilance so that the faith and ecclesiastical discipline are observed carefully and to inform the Roman Pontiff of abuses, if there are any;
2. to conduct a canonical visitation for a cause previously approved by the Apostolic See if a suffragan has neglected it;
3. to designate a diocesan administrator according to the norm of cann. 421, §2, and 425, §3.
§2. Where circumstances demand it, the Apostolic See can endow a metropolitan with special functions and power to be determined in particular law.
§3. The metropolitan has no other power of governance in the suffragan dioceses. He can perform sacred functions, however, as if he were a bishop in his own diocese in all churches, but he is first to inform the diocesan bishop if the church is the cathedral.
|Canon 435.||A metropolitan, who is the archbishop of his diocese, presides over an ecclesiastical province. The office of metropolitan is joined with an episcopal see determined or approved by the Roman Pontiff.|
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Groupings of Particular Churches » Ecclesiastical provinces and regions|
|Canon 434.||It belongs to a meeting of the bishops of an ecclesiastical region to foster cooperation and common pastoral action in the region. Nevertheless, such a meeting does not have the powers attributed to a conference of bishops in the canons of this Code unless the Holy See has specifically granted it certain powers.|
|Canon 433.||§1. If it seems advantageous, especially in nations where particular churches are more numerous, the Holy See can unite neighboring ecclesiastical provinces into ecclesiastical regions at the request of the conference of bishops.
§2. An ecclesiastical region can be erected as a juridic person.
|Canon 432.||§1. The provincial council and the metropolitan possess authority in an ecclesiastical province according to the norm of law.
§2. An ecclesiastical province possesses juridic personality by the law itself.
|Canon 431.||§1. To promote the common pastoral action of different neighboring dioceses according to the circumstances of persons and places and to foster more suitably the relations of the diocesan bishops among themselves, neighboring particular churches are to be brought together into ecclesiastical provinces limited to a certain territory.
§2. As a rule, exempt dioceses are no longer to exist. Therefore, individual dioceses and other particular churches within the territory of some ecclesiastical province must be joined to this ecclesiastical province.
§3. It is only for the supreme authority of the Church to establish, suppress, or alter ecclesiastical provinces after having heard the bishops involved.
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Particular Churches and the Authority Established in Them » The impeded see and the vacant see » The vacant see|
|Canon 430.||§1. The function of a diocesan administrator ceases when the new bishop has taken possession of the diocese.
§2. The removal of a diocesan administrator is reserved to the Holy See. If an administrator resigns, the resignation must be presented in authentic form to the college competent to elect, but it does not need acceptance.
If a diocesan administrator has been removed, resigns, or dies, another diocesan administrator is to be elected according to the norm of can. 421.
|Canon 429.||A diocesan administrator is obliged to reside in the diocese and to apply Mass for the people according to the norm of can. 388.|
|Canon 428.||§1. When a see is vacant, nothing is to be altered.
§2. Those who temporarily care for the governance of the diocese are forbidden to do anything which can be prejudicial in some way to the diocese or episcopal rights. They, and consequently all others, are specifically prohibited, whether personally or through another, from removing or destroying any documents of the diocesan curia or from changing anything in them.
|Canon 427.||§1. A diocesan administrator is bound by the obligations and possesses the power of a diocesan bishop, excluding those matters which are excepted by their nature or by the law itself.
§2. When he has accepted election, the diocesan administrator obtains power and no other confirmation is required, without prejudice to the obligation mentioned in can. 833, n. 4.
|Canon 426.||When a see is vacant, the person who is to govern the diocese before the designation of a diocesan administrator possesses the power which the law grants to a vicar general.|
|Canon 425.||§1. Only a priest who has completed thirty-five years of age and has not already been elected, appointed, or presented for the same vacant see can be designated validly to the function of diocesan administrator.
§2. A priest who is outstanding in doctrine and prudence is to be elected as diocesan administrator.
§3. If the conditions previously mentioned in §1 have been neglected, the metropolitan or, if the metropolitan church itself is vacant, the suffragan bishop senior in promotion, after he has ascertained the truth of the matter, is to designate an administrator in his place. The acts of the one who was elected contrary to the prescripts of §1, however, are null by the law itself.
|Canon 424.||A diocesan administrator is to be elected according to the norm of can. 165-178.|
|Canon 423.||§1. One diocesan administrator is to be designated; any contrary custom is reprobated. Otherwise, the election is invalid.
§2. A diocesan administrator is not to be the finance officer at the same time. Therefore, if the Finance officer of the diocese has been elected as administrator, the Finance council is to elect a temporary Finance officer.
|Canon 422.||An auxiliary bishop or, if there is none, the college of consultors is to inform the Apostolic See of the death of a bishop as soon as possible. The one elected as diocesan administrator is to do the same concerning his own election.|
|Canon 421.||§1. The college of consultors must elect a diocesan administrator, namely the one who is to govern the diocese temporarily, within eight days from receiving notice of the vacancy of an episcopal see and without prejudice to the prescript of can. 502, §3.
§2. If a diocesan administrator has not been elected legitimately within the prescribed time for whatever cause, his designation devolves upon the metropolitan, and if the metropolitan church itself is vacant or both the metropolitan and the suffragan churches are vacant, it devolves upon the suffragan bishop senior in promotion.
|Canon 420.||When the see is vacant in an apostolic vicariate or prefecture, the governance is assumed by the pro-vicar or pro-prefect, appointed only for this purpose by the vicar or prefect immediately after the vicar or prefect has taken possession of the vicariate or prefecture, unless the Holy See has established otherwise.|
|Canon 419.||When a see is vacant and until the designation of a diocesan administrator, the governance of a diocese devolves upon the auxiliary bishop or, if there are several, upon the one who is senior in promotion. If there is no auxiliary bishop, however, it devolves upon the college of consultors unless the Holy See has provided otherwise.
The one who so assumes governance of the diocese is to convoke without delay the college competent to designate a diocesan administrator.
|Canon 418.||§1. Upon certain notice of transfer, a bishop must claim the diocese to which he has been transferred (*ad quam*) and take canonical possession of it within two months. On the day that he takes possession of the new diocese, however, the diocese from which he has been transferred (*a qua*) is vacant.
§2. Upon certain notice of transfer until the canonical possession of the new diocese, a transferred bishop in the diocese from which he has been transferred:
1. obtains the power of a diocesan administrator and is bound by the obligations of the same; all power of the vicar general and episcopal vicar ceases, without prejudice to can. 409, §2;
2. receives the entire remuneration proper to this office.
|Canon 417.||Everything that a vicar general or episcopal vicar does has force until they have received certain notice of the death of the diocesan bishop. Likewise, everything that a diocesan bishop, a vicar general, or an episcopal vicar does has force until they have received certain notice of the above-mentioned pontifical acts.|
|Canon 416.||An episcopal see is vacant upon the death of a diocesan bishop, resignation accepted by the Roman Pontiff, transfer, or privation made known to the bishop.|
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Particular Churches and the Authority Established in Them » The impeded see and the vacant see » The impeded see|
|Canon 415.||If an ecclesiastical penalty prevents a diocesan bishop from exercising his function, the metropolitan or, if there is none or it concerns him, the suffragan senior in promotion, is to have recourse immediately to the Holy See so that it will make provision.|
|Canon 414.||Whoever has been called according to the norm of can. 413 to exercise the pastoral care of a diocese temporarily and only for the period in which the see is impeded is bound by the obligations and possesses the power in the exercise of the pastoral care of the diocese which a diocesan administrator has by law.|
|Canon 413.||§1. When a see is impeded, the coadjutor bishop, if there is one, has governance of the diocese unless the Holy See has provided otherwise. If there is none or he is impeded, governance passes to an auxiliary bishop, the vicar general, an episcopal vicar, or another priest, following the order of persons established in the list which the diocesan bishop is to draw up as soon as possible after taking possession of the diocese. The list, which must be communicated to the metropolitan, is to be renewed at least every three years and preserved in secret by the chancellor.
§2. If there is no coadjutor bishop or he is impeded and the list mentioned in §1 is not available, it is for the college of consultors to select a priest to govern the diocese.
§3. The one who has assumed the governance of a diocese according to the norm of §§1 or 2 is to advise the Holy See as soon as possible of the impeded see and the function he has assumed.
|Canon 412.||An episcopal see is understood to be impeded if by reason of captivity, banishment, exile, or incapacity a diocesan bishop is clearly prevented from fulfilling his pastoral function in the diocese, so that he is not able to communicate with those in his diocese even by letter.|
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Particular Churches and the Authority Established in Them » Bishops » Coadjutor and auxiliary bishops|
|Canon 411.||The prescripts of cann. 401 and 402, §2 on resignation from office apply to a coadjutor and auxiliary bishop.|
|Canon 410.||Like the diocesan bishop, a coadjutor bishop and an auxiliary bishop are obliged to reside in the diocese.
Except for a brief time, they are not to be absent from it other than to fulfill some duty outside the diocese or for vacation, which is not to exceed one month.
|Canon 409.||§1. When the episcopal see is vacant, the coadjutor bishop immediately becomes the bishop of the diocese for which he had been appointed provided that he has legitimately taken possession of it.
§2. When the episcopal see is vacant and unless competent authority has established otherwise, an auxiliary bishop preserves all and only those powers and faculties which he possessed as vicar general or episcopal vicar while the see was filled until a new bishop has taken possession of the see. If he has not been designated to the function of diocesan administrator, he is to exercise this same power, conferred by law, under the authority of the diocesan administrator who presides over the governance of the diocese.
|Canon 408.||§1. A coadjutor bishop and an auxiliary bishop who are not prevented by a just impediment are obliged to perform pontificals and other functions to which the diocesan bishop is bound whenever the diocesan bishop requires it.
§2. A diocesan bishop is not to entrust habitually to another the episcopal rights and functions which a coadjutor or auxiliary bishop can exercise.
|Canon 407.||§1. In order to foster the present and future good of the diocese as much as possible, a diocesan bishop, a coadjutor, and the auxiliary mentioned in can. 403, §2 are to consult one another on matters of major importance.
§2. In considering cases of major importance, especially of a pastoral character, a diocesan bishop is to wish to consult the auxiliary bishops before others.
§3. Since a coadjutor bishop and an auxiliary bishop are called to share in the solicitude of the diocesan bishop, they are to exercise their duties in such a way that they proceed in harmony with him in effort and intention.
|Canon 406.||§1. The diocesan bishop is to appoint a coadjutor bishop and the auxiliary bishop mentioned in can. 403, §2 as vicar general. Moreover, the diocesan bishop is to entrust to him before others those things which by law require a special mandate.
§2. Unless the apostolic letter has provided otherwise and without prejudice to the provision of §1, a diocesan bishop is to appoint his auxiliary or auxiliaries as vicars general or at least as episcopal vicars, dependent only on his authority or that of the coadjutor bishop or auxiliary bishop mentioned in can. 403, §2.
|Canon 405.||§1. A coadjutor bishop and an auxiliary bishop have the obligations and rights which are determined in the prescripts of the following canons and are defined in the letter of their appointment.
§2. A coadjutor bishop and the auxiliary bishop mentioned in can. 403, §2 assist the diocesan bishop in the entire governance of the diocese and take his place if he is absent or impeded.
|Canon 404.||§1. A coadjutor bishop takes possession of his office when he, either personally or through a proxy, has shown the apostolic letter of appointment to the diocesan bishop and college of consultors in the presence of the chancellor of the curia, who records the event.
§2. An auxiliary bishop takes possession of his office when he has shown the apostolic letter of appointment to the diocesan bishop in the presence of the chancellor of the curia, who records the event.
§3. If the diocesan bishop is completely impeded, however, it suffices that both the coadjutor bishop and the auxiliary bishop show the apostolic letter of appointment to the college of consultors in the presence of the chancellor of the curia.
|Canon 403.||§1. When the pastoral needs of a diocese suggest it, one or more auxiliary bishops are to be appointed at the request of the diocesan bishop. An auxiliary bishop does not possess the right of succession.
§2. In more serious circumstances, even of a personal nature, an auxiliary bishop provided with special faculties can be given to a diocesan bishop.
§3. If it appears more opportune to the Holy See, it can appoint ex officio a coadjutor bishop who also has special faculties. A coadjutor bishop possesses the right of succession.
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Particular Churches and the Authority Established in Them » Bishops » Diocesan bishops|
|Canon 402.||§1. A bishop whose resignation from office has been accepted retains the title of emeritus of his diocese and can retain a place of residence in that diocese if he so desires, unless in certain cases the Apostolic See provides otherwise because of special circumstances.
§2. The conference of bishops must take care that suitable and decent support is provided for a retired bishop, with attention given to the primary obligation which binds the diocese he has served.
|Canon 401.||§1. A diocesan bishop who has completed the seventy-fifth year of age is requested to present his resignation from office to the Supreme Pontiff, who will make provision after he has examined all the circumstances.
§2. A diocesan bishop who has become less able to fulfill his office because of ill health or some other grave cause is earnestly requested to present his resignation from office.
|Canon 400.||§1. Unless the Apostolic See has established otherwise, during the year in which he is bound to submit a report to the Supreme Pontiff, a 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. A bishop is to satisfy the above-mentioned obligation personally unless he is legitimately impeded. In that case, he is to satisfy it through his coadjutor, if he has one, or auxiliary, or a suitable priest of his presbyterium who resides in his diocese.
§3. An apostolic vicar can satisfy this obligation through a proxy, even one living in Rome. This obligation does not bind an apostolic prefect.
|Canon 399.||§1. Every Five years a diocesan bishop is bound to make a report to the Supreme Pontiff on the state of the diocese entrusted to him, according to the form and time determined by the Apostolic See.
§2. If the year determined for submitting a report falls entirely or in part within the first two years of his governance of a diocese, a bishop can refrain from making and submitting his report on this one occasion.
|Canon 398.||A bishop is to strive to complete the pastoral visitation with due diligence. He is to take care that he does not burden or impose a hardship on anyone through unnecessary expenses.|
|Canon 397.||§1. Persons, Catholic institutions, and sacred things and places, which are located within the area of the diocese, are subject to ordinary episcopal visitation.
§2. A bishop can visit members of religious institutes of pontifical right and their houses only in the cases expressed in law.
|Canon 396.||§1. A bishop is obliged to visit the diocese annually either in whole or in part, so that he visits the entire diocese at least every Five years either personally or, if he has been legitimately impeded, through the coadjutor bishop, an auxiliary, vicar general, episcopal vicar, or another presbyter.
§2. A bishop is permitted to choose the clerics he prefers as companions and assistants on a visitation; any contrary privilege or custom is reprobated.
|Canon 395.||§1. Even if a diocesan bishop has a coadjutor or auxiliary, he is bound by the law of personal residence in the diocese.
§2. Apart from ad limina visits, councils, synods of bishops, conferences of bishops which he must attend, or some other duty legitimately entrusted to him, he can be absent from his diocese for a reasonable cause but not beyond a month, whether continuous or interrupted, and provided that he makes provision so that the diocese will suffer no detriment from his absence.
§3. He is not to be absent from the diocese on Christmas, during Holy Week, and on Easter, Pentecost, and the Feast of the Body and Blood of Christ, except for a grave and urgent cause.
§4. If a bishop has been illegitimately absent from the diocese for more than six months, the metropolitan is to inform the Apostolic See of his absence; if it concerns the metropolitan, the senior suffragan is to do so.
|Canon 394.||§1. A bishop is to foster various forms of the apostolate in the diocese and is to take care that in the entire diocese or in its particular districts, all the works of the apostolate are coordinated under his direction, with due regard for the proper character of each.
§2. He is to insist upon the duty which binds the faithful to exercise the apostolate according to each one’s condition and ability and is to exhort them to participate in and assist the various works of the apostolate according to the needs of place and time.
|Canon 393.||The diocesan bishop represents his diocese in all its juridic affairs.|
|Canon 392.||§1. Since he must protect the unity of the universal Church, a bishop is bound to promote the common discipline of the whole Church and therefore to urge the observance of all ecclesiastical laws.
§2. He is to exercise vigilance so that abuses do not creep into ecclesiastical discipline, especially regarding the ministry of the word, the celebration of the sacraments and sacramentals, the worship of God and the veneration of the saints, and the administration of goods.
|Canon 391.||§1. It is for the diocesan bishop to govern the particular church entrusted to him with legislative, executive, and judicial power according to the norm of law.
§2. The bishop exercises legislative power himself. He exercises executive power either personally or through vicars general or episcopal vicars according to the norm of law. He exercises judicial power either personally or through the judicial vicar and judges according to the norm of law.
|Canon 390.||A diocesan bishop can perform pontifical functions in his entire diocese but not outside his own diocese without the express, or at least reasonably presumed, consent of the local ordinary.|
|Canon 389.||He is frequently to preside at the celebration of the Most Holy Eucharist in the cathedral church or another church of his diocese, especially on holy days of obligation and other solemnities.|
|Canon 388.||§1. After the diocesan bishop has taken possession of the diocese, he must apply a Mass for the people entrusted to him each Sunday and on the other holy days of obligation in his region.
§2. The bishop himself must personally celebrate and apply a Mass for the people on the days mentioned in §1. If he is legitimately impeded from this celebration, however, he is to apply the Masses either on the same days through another or on other days himself.
§3. A bishop to whom other dioceses besides his own have been entrusted, even under title of administration, satisfies the obligation by applying one Mass for all the people entrusted to him.
§4. A bishop who has not satisfied the obligation mentioned in §§1-3 is to apply as soon as possible as many Masses for the people as he has omitted.
|Canon 387.||Since the diocesan bishop is mindful of his obligation to show an example of holiness in charity, humility, and simplicity of life, he is to strive to promote in every way the holiness of the Christian faithful according to the proper vocation of each. Since he is the principal dispenser of the mysteries of God, he is to endeavor constantly that the Christian faithful entrusted to his care grow in grace through the celebration of the sacraments and that they understand and live the paschal mystery.|
|Canon 386.||§1. A diocesan bishop, frequently preaching in person, is bound to propose and explain to the faithful the truths of the faith which are to be believed and applied to morals. He is also to take care that the prescripts of the canons on the ministry of the word, especially those on the homily and catechetical instruction, are carefully observed so that the whole Christian doctrine is handed on to all.
§2. Through more suitable means, he is firmly to protect the integrity and unity of the faith to be believed, while nonetheless acknowledging a just freedom in further investigating its truths.
|Canon 385.||As much as possible, a diocesan bishop is to foster vocations to different ministries and to consecrated life, with special care shown for priestly and missionary vocations.|
|Canon 384.||With special solicitude, a diocesan bishop is to attend to presbyters and listen to them as assistants and counselors. He is to protect their rights and take care that they correctly fulfill the obligations proper to their state and that the means and institutions which they need to foster spiritual and intellectual life are available to them.
He also is to take care that provision is made for their decent support and social assistance, according to the norm of law.
|Canon 383.||§1. In exercising the function of a pastor, a diocesan bishop is to show himself concerned for all the Christian faithful entrusted to his care, of whatever age, condition, or nationality they are, whether living in the territory or staying there temporarily; he is also to extend an apostolic spirit to those who are not able to make sufficient use of ordinary pastoral care because of the condition of their life and to those who no longer practice their religion.
§2. If he has faithful of a different rite in his diocese, he is to provide for their spiritual needs either through priests or parishes of the same rite or through an episcopal vicar.
§3. He is to act with humanity and charity toward the brothers and sisters who are not in full communion with the Catholic Church and is to foster ecumenism as it is understood by the Church.
§4. He is to consider the non-baptized as committed to him in the Lord, so that there shines on them the charity of Christ whose witness a bishop must be before all people.
|Canon 382.||§1. One promoted as bishop cannot assume the exercise of the office entrusted to him before he has taken canonical possession of the diocese. Nevertheless, he is able to exercise offices which he already had in the same diocese at the time of promotion, without prejudice to the prescript of can. 409, §2.
§2. Unless he is prevented by a legitimate impediment, one promoted to the office of diocesan bishop must take canonical possession of his diocese within four months of receipt of the apostolic letter if he has not already been consecrated a bishop; if he has already been consecrated, within two months from receipt of this letter.
§3. A bishop takes canonical possession of a diocese when he personally or through a proxy has shown the apostolic letter in the same diocese to the college of consultors in the presence of the chancellor of the curia, who records the event. In newly erected dioceses, he takes canonical possession when he has seen to the communication of the same letter to the clergy and people present in the cathedral church, with the senior presbyter among those present recording the event.
§4. It is strongly recommended that the taking of canonical possession be done within a liturgical act in the cathedral church with the clergy and people gathered together.
|Canon 381.||§1. A diocesan bishop in the diocese entrusted to him has all ordinary, proper, and immediate power which is required for the exercise of his pastoral function except for cases which the law or a decree of the Supreme Pontiff reserves to the supreme authority or to another ecclesiastical authority.
§2. Those who preside over the other communities of the faithful mentioned in can. 368 are equivalent in law to a diocesan bishop unless it is otherwise apparent from the nature of the matter or from a prescript of law.
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Particular Churches and the Authority Established in Them » Bishops » Bishops in general|
|Canon 380.||Before he takes canonical possession of his office, the one promoted is to make the profession of faith and take the oath of fidelity to the Apostolic See according to the formula approved by the Apostolic See.|
|Canon 379.||Unless he is prevented by a legitimate impediment, whoever has been promoted to the episcopacy must receive episcopal consecration within three months from the receipt of the apostolic letter and before he takes possession of his office.|
|Canon 378.||§1. In regard to the suitability of a candidate for the episcopacy, it is required that he is:
1. outstanding in solid faith, good morals, piety, zeal for souls, wisdom, prudence, and human virtues, and endowed with other qualities which make him suitable to fulfill the office in question;
2. of good reputation;
3. at least thirty-five years old;
4. ordained to the presbyterate for at least Five years;
5. in possession of 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 truly expert in the same disciplines.
§2. The definitive judgment concerning the suitability of the one to be promoted pertains to the Apostolic See.
|Canon 377.||§1. The Supreme Pontiff freely appoints bishops or confirms those legitimately elected.
§2. At least every three years, bishops of an ecclesiastical province or, where circumstances suggest it, of a conference of bishops, are in common counsel and in secret to compose a list of presbyters, even including members of institutes of consecrated life, who are more suitable for the episcopate. They are to send it to the Apostolic See, without prejudice to the right of each bishop individually to make known to the Apostolic See the names of presbyters whom he considers worthy of and suited to the episcopal function.
§3. Unless it is legitimately established otherwise, whenever a diocesan or coadjutor bishop must be appointed, as regards what is called the ternus to be proposed to the Apostolic See, the pontifical legate is to seek individually and to communicate to the Apostolic See together with his own opinion the suggestions of the metropolitan and suffragans of the province to which the diocese to be provided for belongs or with which it is joined in some grouping, and the suggestions of the president of the conference of bishops. The pontifical legate, moreover, is to hear some members of the college of consultors and cathedral chapter and, if he judges it expedient, is also to seek individually and in secret the opinion of others from both the secular and non-secular clergy and from laity outstanding in wisdom.
§4. Unless other provision has been legitimately made, a diocesan bishop who judges that an auxiliary should be given to his diocese is to propose to the Apostolic See a list of at least three presbyters more suitable for this office.
§5. In the future, no rights and privileges of election, nomination, presentation, or designation of bishops are granted to civil authorities.
|Canon 376.||Bishops to whom the care of some diocese is entrusted are called diocesan; others are called titular.|
|Canon 375.||§1. Bishops, who by divine institution succeed to the place of the Apostles through the Holy Spirit who has been given to them, are constituted pastors in the Church, so that they are teachers of doctrine, priests of sacred worship, and ministers of governance.
§2. Through episcopal consecration itself, bishops receive with the function of sanctifying also the functions of teaching and governing; by their nature, however, these can only be exercised in hierarchical communion with the head and members of the college.
|The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Particular Churches and the Authority Established in Them » Particular Churches|
|Canon 374.||§1. Every diocese or other particular church is to be divided into distinct parts or parishes.
§2. To foster pastoral care through common action, several neighboring parishes can be joined into special groups, such as vicariates forane.
|Canon 373.||It is only for the supreme authority to erect particular churches; those legitimately erected possess juridic personality by the law itself.|
|Canon 372.||§1. As a rule, a portion of the people of God which constitutes a diocese or other particular church is limited to a definite territory so that it includes all the faithful living in the territory.
§2. Nevertheless, where in the judgment of the supreme authority of the Church it seems advantageous after the conferences of bishops concerned have been heard, particular churches distinguished by the rite of the faithful or some other similar reason can be erected in the same territory.
|Canon 371.||§1. An apostolic vicariate or apostolic prefecture is a certain portion of the people of God which has not yet been established as a diocese due to special circumstances and which, to be shepherded, is entrusted to an apostolic vicar or apostolic prefect who governs it in the name of the Supreme Pontiff.
§2. An apostolic administration is a certain portion of the people of God which is not erected as a diocese by the Supreme Pontiff due to special and particularly grave reasons and whose pastoral care is entrusted to an apostolic administrator who governs it in the name of the Supreme Pontiff.
|Canon 370.||A territorial prelature or territorial abbacy is a certain portion of the people of God which is defined territorially and whose care, due to special circumstances, is entrusted to some prelate or abbot who governs it as its proper pastor just like a diocesan bishop.|
|Canon 369.||A diocese is a portion of the people of God which is entrusted to a bishop for him to shepherd with the cooperation of the presbyterium, so that, adhering to its pastor and gathered by him in the Holy Spirit through the gospel and the Eucharist, it constitutes a particular church in which the one, holy, catholic, and apostolic Church of Christ is truly present and operative.|
|Canon 368.||Particular churches, in which and from which the one and only Catholic Church exists, are first of all dioceses, to which, unless it is otherwise evident, are likened a territorial prelature and territorial abbacy, an apostolic vicariate and an apostolic prefecture, and an apostolic administration erected in a stable manner.|
|The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » Legates of the Roman Pontiff|
|Canon 367.||The function of a pontifical legate does not cease when the Apostolic See becomes vacant unless the pontifical letter establishes otherwise; it does cease, however, when the mandate has been fulfilled, when the legate has been notified of recall, or when the Roman Pontiff accepts the legate’s resignation.|
|Canon 366.||In view of the particular character of the function of a legate:
1. the seat of a pontifical legation is exempt from the power of governance of the local ordinary unless it is a question of celebrating marriages;
2. after he has notified in advance the local ordinaries insofar as possible, a pontifical legate is permitted to perform liturgical celebrations in all churches of his legation, even in pontificals.
|Canon 365.||§1. It is also the special function of a pontifical legate who at the same time acts as a legate to states according to the norms of international law:
1. to promote and foster relations between the Apostolic See and the authorities of the state;
2. to deal with questions which pertain to relations between Church and state and in a special way to deal with the drafting and implementation of concordats and other agreements of this type.
§2. In conducting the affairs mentioned in §1, a pontifical legate, as circumstances suggest, is not to neglect to seek the opinion and counsel of the bishops of the ecclesiastical jurisdiction and is to inform them of the course of affairs.
|Canon 364.||The principal function of a pontifical legate is daily to make stronger and more effective the bonds of unity which exist between the Apostolic See and particular churches. Therefore, it pertains to the pontifical legate for his own jurisdiction:
1. to send information to the Apostolic See concerning the conditions of particular churches and everything that touches the life of the Church and the good of souls;
2. to assist bishops by action and counsel while leaving intact the exercise of their legitimate power;
3. to foster close relations with the conference of bishops by offering it assistance in every way;
4. regarding the nomination of bishops, to transmit or propose to the Apostolic See the names of candidates and to instruct the informational process concerning those to be promoted, according to the norms given by the Apostolic See;
5. to strive to promote matters which pertain to the peace, progress, and cooperative effort of peoples;
6. to collaborate with bishops so that suitable relations are fostered between the Catholic Church and other Churches or ecclesial communities, and even non-Christian religions;
7. in associated action with bishops, to protect those things which pertain to the mission of the Church and the Apostolic See before the leaders of the state;
8. in addition, to exercise the faculties and to fulfill other mandates which the Apostolic See entrusts to him.
|Canon 363.||§1. To the legates of the Roman Pontiff is entrusted the office of representing the Roman Pontiff in a stable manner to particular churches or also to the states and public authorities to which they are sent.
§2. Those who are designated as delegates or observers in a pontifical mission at international councils or at conferences and meetings also represent the Apostolic See.
|Canon 362.||The Roman Pontiff has the innate and independent right to appoint, send, transfer, and recall his own legates either to particular churches in various nations or regions or to states and public authorities. The norms of international law are to be observed in what pertains to the mission and recall of legates appointed to states.|
|The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » The Roman Curia|
|Canon 361.||In this Code, the term Apostolic See or Holy See refers not only to the Roman Pontiff but also to the Secretariat of State, the Council for the Public Affairs of the Church, and other institutes of the Roman Curia, unless it is otherwise apparent from the nature of the matter or the context of the words.|
|Canon 360.||The Supreme Pontiff usually conducts the affairs of the universal Church through the Roman Curia which performs its function in his name and by his authority for the good and service of the churches. The Roman Curia consists of the Secretariat of State or the Papal Secretariat, the Council for the Public Affairs of the Church, congregations, tribunals, and other institutes; the constitution and competence of all these are defined in special law.|
|The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » The Cardinals of the Holy Roman Church|
|Canon 359.||When the Apostolic See is vacant, the college of cardinals possesses only that power in the Church which is attributed to it in special law.|
|Canon 358.||A cardinal to whom the Roman Pontiff entrusts the function of representing him in some solemn celebration or among some group of persons as a legates a latere, that is, as his alter ego, as well as one to whom the Roman Pontiff entrusts the fulfillment of a certain pastoral function as his special envoy (*missus specialis*) has competence only over those things which the Roman Pontiff commits to him.|
|Canon 357.||§1. The cardinals who have been assigned title to a suburbicarian church or a church in Rome are to promote the good of these dioceses or churches by counsel and patronage after they have taken possession of them.
Nevertheless, they possess no power of governance over them nor are they to intervene in any way in those matters which pertain to the administration of their goods, their discipline, or the service of the churches.
§2. In those matters which pertain to their own person, cardinals living outside of Rome and outside their own diocese are exempt from the power of governance of the bishop of the diocese in which they are residing.
|Canon 356.||Cardinals are obliged to cooperate assiduously with the Roman Pontiff; therefore, cardinals who exercise any office in the curia and who are not diocesan bishops are obliged to reside in Rome. Cardinals who have the care of some diocese as the diocesan bishop are to go to Rome whenever the Roman Pontiff calls them.|
|Canon 355.||§1. The cardinal dean is competent to ordain as a bishop the one elected as Roman Pontiff if he needs to be ordained; if the dean is impeded, the assistant dean has the same right, and if he is impeded, the oldest cardinal from the episcopal order.
§2. The senior cardinal deacon announces the name of the newly elected Supreme Pontiff to the people; likewise, in the place of the Roman Pontiff, he places the pallium upon metropolitans or hands it over to their proxies.
|Canon 354.||The cardinals who preside over dicasteries and other permanent institutes of the Roman Curia and Vatican City and who have completed the seventy-fifth year of age are asked to submit their resignation from office to the Roman Pontiff who will see to the matter after considering the circumstances.|
|Canon 353.||§1. The cardinals especially assist the supreme pastor of the Church through collegial action in consistories in which they are gathered by order of the Roman Pontiff who presides. Consistories are either ordinary or extraordinary.
§2. For an ordinary consistory, all the cardinals, at least those present in Rome, are called together to be consulted concerning certain grave matters which occur rather frequently or to carry out certain very solemn acts.
§3. For an extraordinary consistory, which is celebrated when particular needs of the Church or the treatment of more grave affairs suggests it, all the cardinals are called together.
§4. Only the ordinary consistory in which some solemnities are celebrated can be public, that is, when prelates, representatives of civil societies, and others who have been invited to it are admitted in addition to the cardinals.
|Canon 352.||§1. The dean presides over the college of cardinals; if he is impeded, the assistant dean takes his place.
Neither the dean nor the assistant dean possesses any power of governance over the other cardinals but is considered as first among equals.
§2. When the office of dean is vacant, the cardinals who possess title to a suburbicarian church and they alone are to elect one from their own group who is to act as dean of the college; the assistant dean, if he is present, or else the oldest among them, presides at this election. They are to submit the name of the person elected to the Roman Pontiff who is competent to approve him.
§3. The assistant dean is elected in the same manner as that described in §2, with the dean himself presiding.
The Roman Pontiff is also competent to approve the election of the assistant dean.
§4. If the dean and assistant dean do not have a domicile in Rome, they are to acquire one there.
|Canon 351.||§1. The Roman Pontiff freely selects men to be promoted as cardinals, who have been ordained at least into the order of the presbyterate and are especially outstanding in doctrine, morals, piety, and prudence in action; those who are not yet bishops must receive episcopal consecration.
§2. Cardinals are created by a decree of the Roman Pontiff which is made public in the presence of the college of cardinals. From the moment of the announcement they are bound by the duties and possess the rights defined by law.
§3. When the Roman Pontiff has announced the selection of a person to the dignity of cardinal but reserves the name of the person in pectore, the one promoted is not bound in the meantime by any of the duties of cardinals nor does he possess any of their rights. After the Roman Pontiff has made his name public, however, he is bound by the same duties and possesses the same rights; he possesses the right of precedence, though, from the day of reservation in pectore.
|Canon 350.||§1. The college of cardinals is divided into three orders: the episcopal order, to which belong cardinals to whom the Roman Pontiff assigns title of a suburbicarian church and Eastern patriarchs who have been brought into the college of cardinals; the presbyteral order and the diaconal order.
§2. The Roman Pontiff assigns each of the cardinals of the presbyteral or diaconal orders his own title or diaconia in Rome.
§3. Eastern patriarchs who have been made members of the college of cardinals have their own patriarchal see as a title.
§4. The cardinal dean holds as his title the Diocese of Ostia together with the other church he already has as a title.
§5. Through a choice made in consistory and approved by the Supreme Pontiff and with priority of order and promotion observed, cardinals from the presbyteral order can transfer to another title, and cardinals from the diaconal order to another diaconia and if they have been in the diaconal order for ten full years, even to the presbyteral order.
§6. A cardinal transferring through choice from the diaconal order to the presbyteral order takes precedence over all those cardinal presbyters who were brought into the cardinalate after him.
|Canon 349.||The cardinals of the Holy Roman Church constitute a special college which provides for the election of the Roman Pontiff according to the norm of special law. The cardinals assist the Roman Pontiff either collegially when they are convoked to deal with questions of major importance, or individually when they help the Roman Pontiff through the various offices they perform, especially in the daily care of the universal Church.|
|The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » The Synod of Bishops|
|Canon 348.||§1. The synod of bishops has a permanent general secretariat presided over by a general secretary who is appointed by the Roman Pontiff and assisted by the council of the secretariat. This council consists of bishops, some of whom are elected by the synod of bishops itself according to the norm of special law while others are appointed by the Roman Pontiff. The function of all these ceases when a new general session begins.
§2. Furthermore, for each session of the synod of bishops one or more special secretaries are constituted who are appointed by the Roman Pontiff and remain in the office entrusted to them only until the session of the synod has been completed.
|Canon 347.||§1. When the Roman Pontiff concludes a session of the synod of bishops, the function entrusted in it to the bishops and other members ceases.
§2. If the Apostolic See becomes vacant after a synod is convoked or during its celebration, the session of the synod and the function entrusted to its members are suspended by the law itself until the new Pontiff has decided to dissolve or continue the session.
|Canon 346.||§1. A synod of bishops assembled in an ordinary general session consists of members of whom the greater part are bishops elected for each session by the conferences of bishops according to the method determined by the special law of the synod; others are designated by virtue of the same law; others are appointed directly by the Roman Pontiff; to these are added some members of clerical religious institutes elected according to the norm of the same special law.
§2. A synod of bishops gathered in an extraordinary general session to treat affairs which require a speedy solution consists of members of whom the greater part are bishops designated by the special law of the synod by reason of the office which they hold; others are appointed directly by the Roman Pontiff; to these are added some members of clerical religious institutes elected according to the norm of the same law.
§3. A synod of bishops gathered in a special session consists of members especially selected from those regions for which it was called, according to the norm of the special law which governs the synod.
|Canon 345.||The synod of bishops can be assembled in a general session, that is, one which treats matters that directly pertain to the good of the universal Church; such a session is either ordinary or extraordinary. It can also be assembled in a special session, namely, one which considers affairs that directly pertain to a determinate region or regions.|
|Canon 344.||The synod of bishops is directly subject to the authority of the Roman Pontiff who:
1. convokes a synod as often as it seems opportune to him and designates the place where its sessions are to be held;
2. ratifies the election of members who must be elected according to the norm of special law and designates and appoints other members;
3. determines at an appropriate time before the celebration of a synod the contents of the questions to be treated, according to the norm of special law;
4. defines the agenda;
5. presides at the synod personally or through others;
6. concludes, transfers, suspends, and dissolves the synod.
|Canon 343.||It is for the synod of bishops to discuss the questions for consideration and express its wishes but not to resolve them or issue decrees about them unless in certain cases the Roman Pontiff has endowed it with deliberative power, in which case he ratifies the decisions of the synod.|
|Canon 342.||The synod of bishops is a group of bishops who have been chosen from different regions of the world and meet together at fixed times to foster closer unity between the Roman Pontiff and bishops, to assist the Roman Pontiff with their counsel in the preservation and growth of faith and morals and in the observance and strengthening of ecclesiastical discipline, and to consider questions pertaining to the activity of the Church in the world.|
|The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » The Roman Pontiff and the College of Bishops » The College of Bishops|
|Canon 341.||§1. The decrees of an ecumenical council do not have obligatory force unless they have been approved by the Roman Pontiff together with the council fathers, confirmed by him, and promulgated at his order.
§2. To have obligatory force, decrees which the college of bishops issues when it places a truly collegial action in another way initiated or freely accepted by the Roman Pontiff need the same confirmation and promulgation.
|Canon 340.||If the Apostolic See becomes vacant during the celebration of a council, the council is interrupted by the law itself until the new Supreme Pontiff orders it to be continued or dissolves it.|
|Canon 339.||§1. All the bishops and only the bishops who are members of the college of bishops have the right and duty to take part in an ecumenical council with a deliberative vote.
§2. Moreover, some others who are not bishops can be called to an ecumenical council by the supreme authority of the Church, to whom it belongs to determine their roles in the council.
|Canon 338.||§1. It is for the Roman Pontiff alone to convoke an ecumenical council, preside over it personally or through others, transfer, suspend, or dissolve a council, and to approve its decrees.
§2. It is for the Roman Pontiff to determine the matters to be treated in a council and establish the order to be observed in a council. To the questions proposed by the Roman Pontiff, the council fathers can add others which are to be approved by the Roman Pontiff.
|Canon 337.||§1. The college of bishops exercises power over the universal Church in a solemn manner in an ecumenical council.
§2. It exercises the same power through the united action of the bishops dispersed in the world, which the Roman Pontiff has publicly declared or freely accepted as such so that it becomes a true collegial act.
§3. It is for the Roman Pontiff, according to the needs of the Church, to select and promote the ways by which the college of bishops is to exercise its function collegially regarding the universal Church.
|Canon 336.||The college of bishops, whose head is the Supreme Pontiff and whose members are bishops by virtue of sacramental consecration and hierarchical communion with the head and members of the college and in which the apostolic body continues, together with its head and never without this head, is also the subject of supreme and full power over the universal Church.|
|The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » The Roman Pontiff and the College of Bishops » The Roman Pontiff|
|Canon 335.||When the Roman See is vacant or entirely impeded, nothing is to be altered in the governance of the universal Church; the special laws issued for these circumstances, however, are to be observed.|
|Canon 334.||Bishops assist the Roman Pontiff in exercising his office. They are able to render him cooperative assistance in various ways, among which is the synod of bishops. The cardinals also assist him, as do other persons and various institutes according to the needs of the times. In his name and by his authority, all these persons and institutes fulfill the function entrusted to them for the good of all the churches, according to the norms defined by law.|
|Canon 333.||§1. By virtue of his office, the Roman Pontiff not only possesses power over the universal Church but also obtains the primacy of ordinary power over all particular churches and groups of them. Moreover, this primacy strengthens and protects the proper, ordinary, and immediate power which bishops possess in the particular churches entrusted to their care.
§2. In fulfilling the office of supreme pastor of the Church, the Roman Pontiff is always joined in communion with the other bishops and with the universal Church. He nevertheless has the right, according to the needs of the Church, to determine the manner, whether personal or collegial, of exercising this office.
§3. No appeal or recourse is permitted against a sentence or decree of the Roman Pontiff.
|Canon 332.||§1. The Roman Pontiff obtains full and supreme power in the Church by his acceptance of legitimate election together with episcopal consecration. Therefore, a person elected to the supreme pontificate who is marked with episcopal character obtains this power from the moment of acceptance. If the person elected lacks episcopal character, however, he is to be ordained a bishop immediately.
§2. If it happens that the Roman Pontiff resigns his office, it is required for validity that the resignation is made freely and properly manifested but not that it is accepted by anyone.
|Canon 331.||The bishop of the Roman Church, in whom continues the office given by the Lord uniquely to Peter, the first of the Apostles, and to be transmitted to his successors, is the head of the college of bishops, the Vicar of Christ, and the pastor of the universal Church on earth. By virtue of his office he possesses supreme, full, immediate, and universal ordinary power in the Church, which he is always able to exercise freely.|
|The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » The Roman Pontiff and the College of Bishops|
|Canon 330.||Just as by the Lord’s decision Saint Peter and the other Apostles constitute one college, so in a like manner the Roman Pontiff, the successor of Peter, and the bishops, the successors of the Apostles, are united among themselves.|
|The People of God » The Christian Faithful » Associations of the Christian Faithful » Special Norms for Associations of the Laity|
|Canon 329.||Moderators of associations of the laity are to take care that the members of the association are duly formed to exercise the apostolate proper to the laity.|
|Canon 328.||Those who preside over associations of the laity, even those which have been erected by virtue of apostolic privilege, are to take care that their associations cooperate with other associations of the Christian faithful where it is expedient and willingly assist various Christian works, especially those in the same territory.|
|Canon 327.||Lay members of the Christian faithful are to hold in esteem associations established for the spiritual purposes mentioned in can. 298, especially those which propose to animate the temporal order with the Christian spirit and in this way greatly foster an intimate union between faith and life.|
|The People of God » The Christian Faithful » Associations of the Christian Faithful » Private Associations of the Christian Faithful|
|Canon 326.||§1. A private association of the Christian faithful ceases to exist according to the norm of its statutes. The competent authority can also suppress it if its activity causes grave harm to ecclesiastical doctrine or discipline or is a scandal to the faithful.
§2. The allocation of the goods of an association which has ceased to exist must be determined according to the norm of its statutes, without prejudice to acquired rights and the intention of the donors.
|Canon 325.||§1. A private association of the Christian faithful freely administers those goods it possesses according to the prescripts of the statutes, without prejudice to the right of competent ecclesiastical authority to exercise vigilance so that the goods are used for the purposes of the association.
§2. A private association is subject to the authority of the local ordinary according to the norm of can. 1301 in what pertains to the administration and distribution of goods which have been donated or left to it for pious causes.
|Canon 324.||§1. A private association of the Christian faithful freely designates its moderator and officials according to the norm of the statutes.
§2. A private association of the Christian faithful can freely choose a spiritual advisor, if it desires one, from among the priests exercising ministry legitimately in the diocese; nevertheless, he needs the confirmation of the local ordinary.
|Canon 323.||§1. Although private associations of the Christian faithful possess autonomy according to the norm of can. 321, they are subject to the vigilance of ecclesiastical authority according to the norm of can. 305 and even to the governance of the same authority.
§2. It also pertains to ecclesiastical authority, while respecting the autonomy proper to private associations, to be watchful and careful that dissipation of their energies is avoided and that their exercise of the apostolate is ordered to the common good.
|Canon 322.||§1. A private association of the Christian faithful can acquire juridic personality through a formal decree of the competent ecclesiastical authority mentioned in can. 312.
§2. No private association of the Christian faithful can acquire juridic personality unless the ecclesiastical authority mentioned in can. 312, §1 has approved its statutes. Approval of the statutes, however, does not change the private nature of the association.
|Canon 321.||The Christian faithful guide and direct private associations according to the prescripts of the statutes.|
|The People of God » The Christian Faithful » Associations of the Christian Faithful » Public Associations of the Christian Faithful|
|Canon 320.||§1. Only the Holy See can suppress associations it has erected.
§2. For grave causes, a conference of bishops can suppress associations it has erected. A diocesan bishop can suppress associations he has erected and also associations which members of religious institutes have erected through apostolic indult with the consent of the diocesan bishop.
§3. The competent authority is not to suppress a public association unless the authority has heard its moderator and other major officials.
|Canon 319.||§1. Unless other provision has been made, a legitimately erected public association administers the goods which it possesses according to the norm of the statutes under the higher direction of the ecclesiastical authority mentioned in can. 312, §1, to which it must render an account of administration each year.
§2. It must also render to the same authority a faithful account of the expenditure of the offerings and alms which it has collected.
|Canon 318.||§1. In special circumstances and where grave reasons require it, the ecclesiastical authority mentioned in can. 312, §1 can designate a trustee who is to direct the association for a time in its name.
§2. The person who appointed or confirmed the moderator of a public association can remove the moderator for a just cause, after the person has heard, however, the moderator and the major officials of the association according to the norm of the statutes. The person who appointed a chaplain can remove him according to the norm of can. 192-195.
|Canon 317.||§1. Unless the statutes provide otherwise, it is for the ecclesiastical authority mentioned in can. 312, §1 to confirm the moderator of a public association elected by the public association itself, install the one presented, or appoint the moderator in his own right. The same ecclesiastical authority also appoints the chaplain or ecclesiastical assistant, after having heard the major officials of the association, when it is expedient.
§2. The norm stated in §1 is also valid for associations which members of religious institutes erect outside their own churches or houses in virtue of apostolic privilege. In associations which members of religious institutes erect in their own church or house, however, the nomination or confirmation of the moderator and chaplain pertains to the superior of the institute, according to the norm of the statutes.
§3. In associations which are not clerical, lay persons are able to exercise the function of moderator. A chaplain or ecclesiastical assistant is not to assume that function unless the statutes provide otherwise.
§4. Those who exercise leadership in political parties are not to be moderators in public associations of the Christian faithful which are ordered directly to the exercise of the apostolate.
|Canon 316.||§1. A person who has publicly rejected the Catholic faith, has defected from ecclesiastical communion, or has been punished by an imposed or declared excommunication cannot be received validly into public associations.
§2. Those enrolled legitimately who fall into the situation mentioned in §1, after being warned, are to be dismissed from the association, with due regard for its statutes and without prejudice to the right of recourse to the ecclesiastical authority mentioned in can. 312, §1.
|Canon 315.||Public associations are able on their own initiative to undertake endeavors in keeping with their own character. These endeavors are governed according to the norm of the statutes, though under the higher direction of the ecclesiastical authority mentioned in can. 312, §1.|
|Canon 314.||The statutes of each public association and their revision or change need the approval of the ecclesiastical authority competent to erect the association according to the norm of can. 312, §1.|
|Canon 313.||Through the same decree by which the competent ecclesiastical authority according to the norm of can. 312 erects it, a public association and even a confederation of public associations is constituted a juridic person and, to the extent it is required, receives a mission for the purposes which it proposes to pursue in the name of the Church.|
|Canon 312.||§1. The authority competent to erect public associations is:
1. the Holy See for universal and international associations;
2. the conference of bishops in its own territory for national associations, that is, those which from their founding are directed toward activity throughout the whole nation;
3. the diocesan bishop in his own territory, but not a diocesan administrator, for diocesan associations, except, however, for those associations whose right of erection has been reserved to others by apostolic privilege.
§2. Written consent of the diocesan bishop is required for the valid erection of an association or section of an association in a diocese even if it is done by virtue of apostolic privilege. Nevertheless, the consent given by a diocesan bishop for the erection of a house of a religious institute is also valid for the erection in the same house or church attached to it of an association which is proper to that institute.
|The People of God » The Christian Faithful » Associations of the Christian Faithful » Common Norms|
|Canon 311.||Members of institutes of consecrated life who preside over or assist associations in some way united to their institute are to take care that these associations give assistance to the works of the apostolate which already exist in a diocese, especially cooperating, under the direction of the local ordinary, with associations which are ordered to the exercise of the apostolate in the diocese.|
|Canon 310.||A private association which has not been established as a juridic person cannot, as such, be a subject of obligations and rights. Nevertheless, the members of the Christian faithful associated together in it can jointly contract obligations and can acquire and possess rights and goods as co-owners and co-possessors; they are able to exercise these rights and obligations through an agent or a proxy.|
|Canon 309.||According to the norm of law and the statutes, legitimately established associations have the right to issue particular norms respecting the association itself, to hold meetings, and to designate moderators, officials, other officers, and administrators of goods.|
|Canon 308.||No one legitimately enrolled is to be dismissed from an association except for a just cause according to the norm of law and the statutes.|
|Canon 307.||§1. The reception of members is to be done according to the norm of law and the statutes of each association.
§2. The same person can be enrolled in several associations.
§3. Members of religious institutes can join associations according to the norm of their proper law with the consent of their superior.
|Canon 306.||In order for a person to possess the rights and privileges of an association and the indulgences and other spiritual favors granted to the same association, it is necessary and sufficient that the person has been validly received into it and has not been legitimately dismissed from it according to the prescripts of law and the proper statutes of the association.|
|Canon 305.||§1. All associations of the Christian faithful are subject to the vigilance of competent ecclesiastical authority which is to take care that the integrity of faith and morals is preserved in them and is to watch so that abuse does not creep into ecclesiastical discipline. This authority therefore has the duty and right to inspect them according to the norm of law and the statutes. These associations are also subject to the governance of this same authority according to the prescripts of the canons which follow.
§2. Associations of any kind are subject to the vigilance of the Holy See; diocesan associations and other associations to the extent that they work in the diocese are subject to the vigilance of the local ordinary.
|Canon 304.||§1. All public or private associations of the Christian faithful, by whatever title or name they are called, are to have their own statutes which define the purpose or social objective of the association, its seat, government, and conditions required for membership and which determine the manner of its acting, attentive, however, to the necessity or advantage of time and place.
§2. They are to choose a title or name for themselves adapted to the usage of time and place, selected above all with regard to their intended purpose.
|Canon 303.||Associations whose members share in the spirit of some religious institute while in secular life, lead an apostolic life, and strive for Christian perfection under the higher direction of the same institute are called third orders or some other appropriate name.|
|Canon 302.||Those associations of the Christian faithful are called clerical which are under the direction of clerics, assume the exercise of sacred orders, and are recognized as such by competent authority.|
|Canon 301.||§1. It is for the competent ecclesiastical authority alone to erect associations of the Christian faithful which propose to hand on Christian doctrine in the name of the Church or to promote public worship, or which intend other purposes whose pursuit is of its nature reserved to the same ecclesiastical authority.
§2. Competent ecclesiastical authority, if it has judged it expedient, can also erect associations of the Christian faithful to pursue directly or indirectly other spiritual purposes whose accomplishment has not been sufficiently provided for through the initiatives of private persons.
§3. Associations of the Christian faithful which are erected by competent ecclesiastical authority are called public associations.
|Canon 300.||No association is to assume the name Catholic without the consent of competent ecclesiastical authority according to the norm of can. 312.|
|Canon 299.||§1. By means of a private agreement made among themselves, the Christian faithful are free to establish associations to pursue the purposes mentioned in can. 298, §1, without prejudice to the prescript of can. 301, §1.
§2. Even if ecclesiastical authority praises or commends them, associations of this type are called private associations.
§3. No private association of the Christian faithful is recognized in the Church unless competent authority reviews its statutes.
|Canon 298.||§1. In the Church there are associations distinct from institutes of consecrated life and societies of apostolic life; in these associations the Christian faithful, whether clerics, lay persons, or clerics and lay persons together, strive in a common endeavor to foster a more perfect life, to promote public worship or Christian doctrine, or to exercise other works of the apostolate such as initiatives of evangelization, works of piety or charity, and those which animate the temporal order with a Christian spirit.
§2. The Christian faithful are to join especially those associations which competent ecclesiastical authority has erected, praised, or commended.
|The People of God » The Christian Faithful » Personal Prelatures|
|Canon 297.||The statutes likewise are to define the relations of the personal prelature with the local ordinaries in whose particular churches the prelature itself exercises or desires to exercise its pastoral or missionary works, with the previous consent of the diocesan bishop.|
|Canon 296.||Lay persons can dedicate themselves to the apostolic works of a personal prelature by agreements entered into with the prelature. The statutes, however, are to determine suitably the manner of this organic cooperation and the principal duties and rights connected to it.|
|Canon 295.||§1. The statutes established by the Apostolic See govern a personal prelature, and a prelate presides over it as the proper ordinary; he has the right to erect a national or international seminary and even to incardinate students and promote them to orders under title of service to the prelature.
§2. The prelate must see to both the spiritual formation and decent support of those whom he has promoted under the above-mentioned title.
|Canon 294.||After the conferences of bishops involved have been heard, the Apostolic See can erect personal prelatures, which consist of presbyters and deacons of the secular clergy, to promote a suitable distribution of presbyters or to accomplish particular pastoral or missionary works for various regions or for different social groups.|
|The People of God » The Christian Faithful » Sacred Ministers or Clerics » Loss of the Clerical State|
|Canon 293.||A cleric who loses the clerical state cannot be enrolled among clerics again except through a rescript of the Apostolic See.|
|Canon 292.||A cleric who loses the clerical state according to the norm of law loses with it the rights proper to the clerical state and is no longer bound by any obligations of the clerical state, without prejudice to the prescript of can. 291. He is prohibited from exercising the power of orders, without prejudice to the prescript of can. 976. By the loss of the clerical state, he is deprived of all offices, functions, and any delegated power.|
|Canon 291.||Apart from the case mentioned in can. 290, n. 1, loss of the clerical state does not entail a dispensation from the obligation of celibacy, which only the Roman Pontiff grants.|
|Canon 290.||Once validly received, sacred ordination never becomes invalid. A cleric, nevertheless, loses the clerical state:
1. by a judicial sentence or administrative decree, which declares the invalidity of sacred ordination;
2. by the penalty of dismissal lawfully imposed;
3. by rescript of the Apostolic See which grants it to deacons only for grave causes and to presbyters only for most grave causes.
|The People of God » The Christian Faithful » Sacred Ministers or Clerics » The Obligations and Rights of Clerics|
|Canon 289.||§1. Since military service is hardly in keeping with the clerical state, clerics and candidates for sacred orders are not to volunteer for military service except with the permission of their ordinary.
§2. Clerics are to use exemptions from exercising functions and public civil offices foreign to the clerical state which laws and agreements or customs grant in their favor unless their proper ordinary has decided otherwise in particular cases.
|Canon 288.||The prescripts of cann. 284, 285, §§3 and 4, 286, and 287, §2 do not bind permanent deacons unless particular law establishes otherwise.|
|Canon 287.||§1. Most especially, clerics are always to foster the peace and harmony based on justice which are to be observed among people.
§2. They are not to have an active part in political parties and in governing labor unions unless, in the judgment of competent ecclesiastical authority, the protection of the rights of the Church or the promotion of the common good requires it.
|Canon 286.||Clerics are prohibited from conducting business or trade personally or through others, for their own advantage or that of others, except with the permission of legitimate ecclesiastical authority.|
|Canon 285.||§1. Clerics are to refrain completely from all those things which are unbecoming to their state, according to the prescripts of particular law.
§2. Clerics are to avoid those things which, although not unbecoming, are nevertheless foreign to the clerical state.
§3. Clerics are forbidden to assume public offices which entail a participation in the exercise of civil power.
§4. Without the permission of their ordinary, they are not to take on the management of goods belonging to lay persons or secular offices which entail an obligation of rendering accounts. They are prohibited from giving surety even with their own goods without consultation with their proper ordinary. They also are to refrain from signing promissory notes, namely, those through which they assume an obligation to make payment on demand.
|Canon 284.||Clerics are to wear suitable ecclesiastical garb according to the norms issued by the conference of bishops and according to legitimate local customs.|
|Canon 283.||§1. Even if clerics do not have a residential office, they nevertheless are not to be absent from their diocese for a notable period of time, to be determined by particular law, without at least the presumed permission of their proper ordinary.
§2. They are entitled, however, to a fitting and sufficient time of vacation each year as determined by universal or particular law.
|Canon 282.||§1. Clerics are to foster simplicity of life and are to refrain from all things that have a semblance of vanity.
§2. They are to wish to use for the good of the Church and works of charity those goods which have come to them on the occasion of the exercise of ecclesiastical office and which are left over after provision has been made for their decent support and for the fulfillment of all the duties of their own state.
|Canon 281.||§1. Since clerics dedicate themselves to ecclesiastical ministry, they deserve remuneration which is consistent with their condition, taking into account the nature of their function and the conditions of places and times, and by which they can provide for the necessities of their life as well as for the equitable payment of those whose services they need.
§2. Provision must also be made so that they possess that social assistance which provides for their needs suitably if they suffer from illness, incapacity, or old age.
§3. Married deacons who devote themselves completely to ecclesiastical ministry deserve remuneration by which they are able to provide for the support of themselves and their families. Those who receive remuneration by reason of a civil profession which they exercise or have exercised, however, are to take care of the needs of themselves and their families from the income derived from it.
|Canon 280.||Some practice of common life is highly recommended to clerics; where it exists, it must be preserved as far as possible.|
|Canon 279.||§1. Even after ordination to the priesthood, clerics are to pursue sacred studies and are to strive after that solid doctrine founded in sacred scripture, handed on by their predecessors, and commonly accepted by the Church, as set out especially in the documents of councils and of the Roman Pontiffs. They are to avoid profane novelties and pseudo-science.
§2. According to the prescripts of particular law, priests are to attend pastoral lectures held after priestly ordination and, at times established by the same law, are also to attend other lectures, theological meetings, and conferences which offer them the opportunity to acquire a fuller knowledge of the sacred sciences and pastoral methods.
§3. They are also to acquire knowledge of other sciences, especially of those which are connected with the sacred sciences, particularly insofar as such knowledge contributes to the exercise of pastoral ministry.
|Canon 278.||§1. Secular clerics have the right to associate with others to pursue purposes in keeping with the clerical state.
§2. Secular clerics are to hold in esteem especially those associations which, having statutes recognized by competent authority, foster their holiness in the exercise of the ministry through a suitable and properly approved rule of life and through fraternal assistance and which promote the unity of clerics among themselves and with their own bishop.
§3. Clerics are to refrain from establishing or participating in associations whose purpose or activity cannot be reconciled with the obligations proper to the clerical state or can prevent the diligent fulfillment of the function entrusted to them by competent ecclesiastical authority.
|Canon 277.||§1. Clerics are obliged to observe perfect and perpetual continence for the sake of the kingdom of heaven and therefore are bound to celibacy which is a special gift of God by which sacred ministers can adhere more easily to Christ with an undivided heart and are able to dedicate themselves more freely to the service of God and humanity.
§2. Clerics are to behave with due prudence towards persons whose company can endanger their obligation to observe continence or give rise to scandal among the faithful.
§3. The diocesan bishop is competent to establish more specific norms concerning this matter and to pass judgment in particular cases concerning the observance of this obligation.
|Canon 276.||§1. In leading their lives, clerics are bound in a special way to pursue holiness since, having been consecrated to God by a new title in the reception of orders, they are dispensers of the mysteries of God in the service of His people.
§2. In order to be able to pursue this perfection:
1. they are first of all to fulfill faithfully and tirelessly the duties of the pastoral ministry;
2. they are to nourish their spiritual life from the two-fold table of sacred scripture and the Eucharist; therefore, priests are earnestly invited to offer the eucharistic sacrifice daily and deacons to participate in its offering daily;
3. priests and deacons aspiring to the presbyterate are obliged to carry out the liturgy of the hours daily according to the proper and approved liturgical books; permanent deacons, however, are to carry out the same to the extent defined by the conference of bishops;
4. they are equally bound to make time for spiritual retreats according to the prescripts of particular law;
5. they are urged to engage in mental prayer regularly, to approach the sacrament of penance frequently, to honor the Virgin Mother of God with particular veneration, and to use other common and particular means of sanctification.
|Canon 275.||§1. Since clerics all work for the same purpose, namely, the building up of the Body of Christ, they are to be united among themselves by a bond of brotherhood and prayer and are to strive for cooperation among themselves according to the prescripts of particular law.
§2. Clerics are to acknowledge and promote the mission which the laity, each for his or her part, exercise in the Church and in the world.
|Canon 274.||§1. Only clerics can obtain offices for whose exercise the power of orders or the power of ecclesiastical governance is required.
§2. Unless a legitimate impediment excuses them, clerics are bound to undertake and fulfill faithfully a function which their ordinary has entrusted to them.
|Canon 273.||Clerics are bound by a special obligation to show reverence and obedience to the Supreme Pontiff and their own ordinary.|
|The People of God » The Christian Faithful » Sacred Ministers or Clerics » The Enrollment, or Incardination, of Clerics|
|Canon 272.||A diocesan administrator cannot grant excardination or incardination or even permission to move to another particular church unless the episcopal see has been vacant for a year and he has the consent of the college of consultors.|
|Canon 271.||§1. Apart from the case of true necessity of his own particular church, a diocesan bishop is not to deny permission to clerics, whom he knows are prepared and considers suitable and who request it, to move to regions laboring under a grave lack of clergy where they will exercise the sacred ministry. He is also to make provision that the rights and duties of these clerics are determined through a written agreement with the diocesan bishop of the place they request.
§2. A diocesan bishop can grant permission for his clerics to move to another particular church for a predetermined time, which can even be renewed several times. Nevertheless, this is to be done so that these clerics remain incardinated in their own particular church and, when they return to it, possess all the rights which they would have had if they had been dedicated to the sacred ministry there.
§3. For a just cause the diocesan bishop can recall a cleric who has moved legitimately to another particular church while remaining incardinated in his own church provided that the agreements entered into with the other bishop and natural equity are observed; the diocesan bishop of the other particular church, after having observed these same conditions and for a just cause, likewise can deny the same cleric permission for further residence in his territory.
|Canon 270.||Excardination can be licitly granted only for just causes such as the advantage of the Church or the good of the cleric himself. It cannot be denied, however, except for evident, grave causes. A cleric who thinks he has been wronged and has found an accepting bishop, however, is permitted to make recourse against the decision.|
|Canon 269.||A diocesan bishop is not to allow the incardination of a cleric unless:
1. the necessity or advantage of his own particular church demands it, and without prejudice to the prescripts of the law concerning the decent support of clerics;
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 has declared in writing to the same diocesan bishop that he wishes to be dedicated to the service of the new particular church according to the norm of law.
|Canon 268.||§1. A cleric who has legitimately moved from his own particular church to another is incardinated in the latter particular church by the law itself after five years if he has made such a desire known in writing both to the diocesan bishop of the host church and to his own diocesan bishop and neither of them has expressed opposition in writing to him within four months of receiving the letter.
§2. Through perpetual or definitive admission into an institute of consecrated life or into a society of apostolic life, a cleric who is incardinated in the same institute or society according to the norm of can. 266, §2 is excardinated from his own particular church.
|Canon 267.||§1. For a cleric already incardinated to be incardinated validly in another particular church, he must obtain from the diocesan bishop a letter of excardination signed by the same bishop and a letter of incardination from the diocesan bishop of the particular church in which he desires to be incardinated signed by that bishop.
§2. Excardination thus granted does not take effect unless incardination in another particular church has been obtained.
|Canon 266.||§1. Through the reception of the diaconate, a person becomes a cleric and is incardinated in the particular church or personal prelature for whose service he has been advanced.
§2. Through the reception of the diaconate, a perpetually professed religious or a definitively incorporated member of a clerical society of apostolic life is incardinated as a cleric in the same institute or society unless, in the case of societies, the constitutions establish otherwise.
§3. Through the reception of the diaconate, a member of a secular institute is incardinated in the particular church for whose service he has been advanced unless he is incardinated in the institute itself by virtue of a grant of the Apostolic See.
|Canon 265.||Every cleric must be incardinated either in a particular church or personal prelature, or in an institute of consecrated life or society endowed with this faculty, in such a way that unattached or transient clerics are not allowed at all.|
|The People of God » The Christian Faithful » Sacred Ministers or Clerics » The Formation of Clerics|
|Canon 264.||§1. In addition to the offering mentioned in can. 1266, a bishop can impose a tax in the diocese to provide for the needs of the seminary.
§2. All ecclesiastical juridic persons, even private ones, which have a seat in the diocese are subject to the tax for the seminary unless they are sustained by alms alone or in fact have a college of students or teachers to promote the common good of the Church. A tax of this type must be general, in proportion to the revenues of those who are subject to it, and determined according to the needs of the seminary.
|Canon 263.||The diocesan bishop or, for an interdiocesan seminary, the bishops involved in a way determined by them through common counsel must take care that provision is made for the establishment and maintenance of the seminary, the support of the students, the remuneration of the teachers, and the other needs of the seminary.|
|Canon 262.||A seminary is to be exempt from parochial governance. The rector of the seminary or his delegate fulfills the office of pastor for all those who are in the seminary, except for matrimonial matters and without prejudice to the prescript of can. 985.|
|Canon 261.||§1. The rector of a seminary and, under his authority, the moderators and teachers for their part are to take care that the students observe exactly the norms prescribed by the program of priestly formation and by the rule of the seminary.
§2. The rector of a seminary and the director of studies are carefully to provide that the teachers properly perform their function according to the prescripts of the program of priestly formation and of the rule of the seminary.
|Canon 260.||In carrying out their proper functions, all must obey the rector, to whom it belongs to care for the daily supervision of the seminary according to the norm of the program of priestly formation and of the rule of the seminary.|
|Canon 259.||§1. The diocesan bishop or, for an interdiocesan seminary, the bishops involved are competent to decide those things which pertain to the above-mentioned governance and administration of the seminary.
§2. The diocesan bishop or, for an interdiocesan seminary, the bishops involved are to visit the seminary frequently, to watch over the formation of their own students as well as the philosophical and theological instruction taught in the seminary, and to keep themselves informed about the vocation, character, piety, and progress of the students, especially with a view to the conferral of sacred ordination.
|Canon 258.||In order that students also learn the art of exercising the apostolate in practice, during the course of studies and especially during times of vacation they are to be initiated into pastoral practice by means of appropriate activities, determined by judgment of the ordinary, adapted to the age of the students and the conditions of the places, and always under the direction of a skilled priest.|
|Canon 257.||§1. The instruction of students is to provide that they have solicitude not only for the particular church in whose service they are to be incardinated but also for the universal Church, and that they show themselves prepared to devote themselves to particular churches which are in grave need.
§2. The diocesan bishop is to take care that clerics intending to move from their own particular church to a particular church of another region are suitably prepared to exercise the sacred ministry there, that is, that they learn the language of the region and understand its institutions, social conditions, usages, and customs.
|Canon 256.||§1. Students are to be instructed diligently in those things which in a particular manner pertain to the sacred ministry, especially in catechetical and homiletic skills, in divine worship and particularly the celebration of the sacraments, in relationships with people, even non-Catholics or non-believers, in the administration of a parish, and in the fulfillment of other functions.
§2. Students are to be instructed about the needs of the universal Church in such a way that they have solicitude for the promotion of vocations and for missionary, ecumenical, and other more urgent questions, including social ones.
|Canon 255.||Although the entire formation of students in the seminary has a pastoral purpose, strictly pastoral instruction is to be organized through which students learn the principles and skills which, attentive also to the needs of place and time, pertain to the exercise of the ministry of teaching, sanctifying, and governing the people of God.|
|Canon 254.||§1. In giving instruction in their disciplines, teachers are to have a constant concern for the intimate unity and harmony of the entire doctrine of the faith so that students find that they learn one science. For this to be realized more suitably, there is to be someone in the seminary who directs the entire curriculum of studies.
§2. Students are to be instructed in such a way that they also become qualified to examine questions by their own appropriate research and with scientific methodology; therefore, there are to be assignments in which the students learn to pursue certain studies through their own efforts under the direction of the teachers.
|Canon 253.||§1. The bishop or bishops concerned are to appoint to the function of teacher in philosophical, theological, and juridic disciplines only those who are outstanding in virtue and have obtained a doctorate or licentiate from a university or faculty recognized by the Holy See.
§2. Care is to be taken that different teachers are appointed to teach sacred scripture, dogmatic theology, moral theology, liturgy, philosophy, canon law, ecclesiastical history, and other disciplines which must be taught according to their proper methodology.
§3. The authority mentioned in §1 is to remove a teacher who is gravely deficient in his or her function.
|Canon 252.||§1. Theological instruction is to be imparted in the light of faith and under the leadership of the magisterium in such a way that the students understand the entire Catholic doctrine grounded in divine revelation, gain nourishment for their own spiritual life, and are able properly to announce and safeguard it in the exercise of the ministry.
§2. Students are to be instructed in sacred scripture with special diligence in such a way that they acquire a comprehensive view of the whole of sacred scripture.
§3. There are to be classes in dogmatic theology, always grounded in the written word of God together with sacred tradition; through these, students are to learn to penetrate more intimately the mysteries of salvation, especially with St. Thomas as a teacher. There are also to be classes in moral and pastoral theology, canon law, liturgy, ecclesiastical history, and other auxiliary and special disciplines, according to the norm of the prescripts of the program of priestly formation.
|Canon 251.||Philosophical instruction must be grounded in the perennially valid philosophical heritage and also take into account philosophical investigation over the course of time. It is to be taught in such a way that it perfects the human development of the students, sharpens their minds, and makes them better able to pursue theological studies.|
|Canon 250.||The philosophical and theological studies which are organized in the seminary itself can be pursued either successively or conjointly, in accord with the program of priestly formation. These studies are to encompass at least six full years in such a way that the time dedicated to philosophical disciplines equals two full years and to theological studies four full years.|
|Canon 249.||The program of priestly formation is to provide that students not only are carefully taught their native language but also understand Latin well and have a suitable understanding of those foreign languages which seem necessary or useful for their formation or for the exercise of pastoral ministry.|
|Canon 248.||The doctrinal instruction given is to be directed so that students acquire an extensive and solid learning in the sacred disciplines along with a general culture appropriate to the necessities of place and time, in such way that, grounded in their own faith and nourished thereby, they are able to announce in a suitable way the teaching of the gospel to the people of their own time in a manner adapted to their understanding.|
|Canon 247.||§1. Students are to be prepared through suitable education to observe the state of celibacy and are to learn to honor it as a special gift of God.
§2. They are duly to be informed of the duties and burdens which are proper to sacred ministers of the Church; no difficulty of the priestly life is to be omitted.
|Canon 246.||§1. The eucharistic celebration is to be the center of the entire life of a seminary in such a way that, sharing in the very love of Christ, the students daily draw strength of spirit for apostolic work and for their spiritual life especially 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 pray to God in the name of the Church for all the people entrusted to them, and indeed, for the whole world.
§3. The veneration of the Blessed Virgin Mary, including the marian rosary, mental prayer, and other exercises of piety are to be fostered; through these, students are to acquire a spirit of prayer and gain strength in their vocation.
§4. Students are to become accustomed to approach the sacrament of penance frequently; it is also recommended that each have a director of his spiritual life whom he has freely chosen and to whom he can confidently open his conscience.
§5. Each year students are to make a spiritual retreat.
|Canon 245.||§1. Through their spiritual formation, students are to become equipped to exercise the pastoral ministry fruitfully and are to be formed in a missionary spirit; they are to learn that ministry always carried out in living faith and charity fosters their own sanctification. They also are to learn to cultivate those virtues which are valued highly in human relations so that they are able to achieve an appropriate integration between human and supernatural goods.
§2. Students are so to be formed that, imbued with love of the Church of Christ, they are bound by humble and filial charity to the Roman Pontiff, the successor of Peter, are attached to their own bishop as faithful coworkers, and work together with their brothers. Through common life in the seminary and through relationships of friendship and of association cultivated with others, they are to be prepared for fraternal union with the diocesan presbyterium whose partners they will be in the service of the Church.
|Canon 244.||The spiritual formation and doctrinal instruction of the students in a seminary are to be arranged harmoniously and so organized that each student, according to his character, acquires the spirit of the gospel and a close relationship with Christ along with appropriate human maturity.|
|Canon 243.||In addition, each seminary is to have its own rule, approved by the diocesan bishop, or, if it is an interdiocesan seminary, by the bishops involved, which is to adapt the norms of the program of priestly formation to particular circumstances and especially to determine more precisely the points of discipline which pertain to the daily life of the students and the order of the entire seminary.|
|Canon 242.||§1. Each nation is to have a program of priestly formation which is to be established by the conference of bishops, attentive to the norms issued by the supreme authority of the Church, and which is to be approved by the Holy See. This program is to be adapted to new circumstances, also with the approval of the Holy See, and is to define the main principles of the instruction to be given in the seminary and general norms adapted to the pastoral needs of each region or province.
§2. All seminaries, both diocesan and interdiocesan, are to observe the norms of the program mentioned in §1.
|Canon 241.||§1. A diocesan bishop is to admit to a major seminary only those who are judged qualified to dedicate themselves permanently to the sacred ministries; he is to consider their human, moral, spiritual, and intellectual qualities, their physical and psychic health, and their correct intention.
§2. Before they are accepted, they must submit documents of the reception of baptism and confirmation and any other things required by the prescripts of the program of priestly formation.
§3. If it concerns admitting those who were dismissed from another seminary or religious institute, testimony of the respective superior is also required, especially concerning the cause for their dismissal or departure.
|Canon 240.||§1. In addition to ordinary confessors, other confessors are to come regularly to the seminary. Without prejudice to the discipline of the seminary, students are always free to approach any confessor, whether in the seminary or outside it.
§2. When decisions are made about admitting students to orders or dismissing them from the seminary, the opinion of the spiritual director and confessors can never be sought.
|Canon 239.||§1. Every seminary is to have a rector who presides over it, a vice-rector if one is needed, a finance officer, and, if the students pursue their studies in the seminary itself, teachers who give instruction in various disciplines coordinated in an appropriate manner.
§2. Every seminary is to have at least one spiritual director, though the students remain free to approach other priests who have been designated for this function by the bishop.
§3. The statutes of a seminary are to provide ways through which the other moderators, the teachers, and even the students themselves participate in the responsibility of the rector, especially in maintaining discipline.
|Canon 238.||§1. Seminaries legitimately erected possess juridic personality in the Church by the law itself.
§2. In the handling of all affairs, the rector of the seminary represents it unless competent authority has established otherwise for certain affairs.
|Canon 237.||§1. Where it is possible and expedient, there is to be a major seminary in every diocese; otherwise, the students who are preparing for the sacred ministries are to be entrusted to another seminary, or an interdiocesan seminary is to be erected.
§2. An interdiocesan seminary is not to be erected unless the conference of bishops, if the seminary is for its entire territory, or the bishops involved have obtained the prior approval of the Apostolic See for both the erection of the seminary and its statutes.
|Canon 236.||According to the prescripts of the conference of bishops, those aspiring to the permanent diaconate are to be formed to nourish a spiritual life and instructed to fulfill correctly the duties proper to that order:
1. young men are to live at least three years in some special house unless the diocesan bishop has established otherwise for grave reasons;
2. men of a more mature age, whether celibate or married, are to spend three years in a program defined by the conference of bishops.
|Canon 235.||§1. Young men who intend to enter the priesthood are to be provided with a suitable spiritual formation and prepared for their proper duties in a major seminary throughout the entire time of formation or, if in the judgment of the diocesan bishop circumstances demand it, for at least four years.
§2. The diocesan bishop is to entrust those who legitimately reside outside a seminary to a devout and suitable priest who is to be watchful that they are carefully formed in the spiritual life and in discipline.
|Canon 234.||§1. Minor seminaries and other similar institutions are to be preserved, where they exist, and fostered; for the sake of fostering vocations, these institutions provide special religious formation together with instruction in the humanities and science. Where the diocesan bishop judges it expedient, he is to erect a minor seminary or similar institution.
§2. Unless in certain cases circumstances indicate otherwise, young men disposed to the priesthood are to be provided with that formation in the humanities and science by which the youth in their own region are prepared to pursue higher studies.
|Canon 233.||§1. The duty of fostering vocations rests with the entire Christian community so that the needs of the sacred ministry in the universal Church are provided for sufficiently. This duty especially binds Christian families, educators, and, in a special way, priests, particularly pastors. Diocesan bishops, who most especially are to be concerned for promoting vocations, are to teach the people entrusted to them of the importance of the sacred ministry and of the need for ministers in the Church and are to encourage and support endeavors to foster vocations, especially by means of projects established for that purpose.
§2. Moreover, priests, and especially diocesan bishops, are to have concern that men of a more mature age who consider themselves called to the sacred ministries are prudently assisted in word and deed and duly prepared.
|Canon 232.||The Church has the duty and the proper and exclusive right to form those who are designated for the sacred ministries.|
|The People of God » The Christian Faithful » The Obligations and Rights of the Lay Christian Faithful|
|Canon 231.||§1. Lay persons who permanently or temporarily devote themselves to special service of the Church are obliged to acquire the appropriate formation required to fulfill their function properly and to carry out this function conscientiously, eagerly, and diligently.
§2. Without prejudice to the prescript of can. 230, §1 and with the prescripts of civil law having been observed, lay persons have the right to decent remuneration appropriate to their condition so that they are able to provide decently for their own needs and those of their family. They also have a right for their social provision, social security, and health benefits to be duly provided.
|Canon 230.||§1. Lay men who possess the age and qualifications established by decree of the conference of bishops can be admitted on a stable basis through the prescribed liturgical rite to the ministries of lector and acolyte.
Nevertheless, the conferral of these ministries does not grant them the right to obtain support or remuneration from the Church.
§2. Lay persons can fulfill the function of lector in liturgical actions by temporary designation. All lay persons can also perform the functions of commentator or cantor, or other functions, according to the norm of law.
§3. When the need of the Church warrants it and ministers are lacking, lay persons, even if they are not lectors or acolytes, can also supply certain of their duties, namely, to exercise the ministry of the word, to preside over liturgical prayers, to confer baptism, and to distribute Holy Communion, according to the prescripts of the law.
|Canon 229.||§1. Lay persons are bound by the obligation and possess the right to acquire knowledge of Christian doctrine appropriate to the capacity and condition of each in order for them to be able to live according to this doctrine, announce it themselves, defend it if necessary, and take their part in exercising the apostolate.
§2. They also possess the right to acquire that fuller knowledge of the sacred sciences which are taught in ecclesiastical universities and faculties or in institutes of religious sciences, by attending classes there and pursuing academic degrees.
§3. If the prescripts regarding the requisite suitability have been observed, they are also qualified to receive from legitimate ecclesiastical authority a mandate to teach the sacred sciences.
|Canon 228.||§1. Lay persons who are found suitable are qualified to be admitted by the sacred pastors to those ecclesiastical offices and functions which they are able to exercise according to the precepts of the law.
§2. Lay persons who excel in necessary knowledge, prudence, and integrity are qualified to assist the pastors of the Church as experts and advisors, even in councils according to the norm of law.
|Canon 227.||The lay Christian faithful have the right to have recognized that freedom which all citizens have in the affairs of the earthly city. When using that same freedom, however, they are to take care that their actions are imbued with the spirit of the gospel and are to heed the doctrine set forth by the magisterium of the Church. In matters of opinion, moreover, they are to avoid setting forth their own opinion as the doctrine of the Church.|
|Canon 226.||§1. According to their own vocation, those who live in the marital state are bound by a special duty to work through marriage and the family to build up the people of God.
§2. Since they have given life to their children, parents have a most grave obligation and possess the right to educate them. Therefore, it is for Christian parents particularly to take care of the Christian education of their children according to the doctrine handed on by the Church.
|Canon 225.||§1. Since, like all the Christian faithful, lay persons are designated by God for the apostolate through baptism and confirmation, they are bound by the general obligation and possess the right as individuals, or joined in associations, to work so that the divine message of salvation is made known and accepted by all persons everywhere in the world. This obligation is even more compelling in those circumstances in which only through them can people hear the gospel and know Christ.
§2. According to each one’s own condition, they are also bound by a particular duty to imbue and perfect the order of temporal affairs with the spirit of the gospel and thus to give witness to Christ, especially in carrying out these same affairs and in exercising secular functions.
|Canon 224.||In addition to those obligations and rights which are common to all the Christian faithful and those which are established in other canons, the lay Christian faithful are bound by the obligations and possess the rights which are enumerated in the canons of this title.|
|The People of God » The Christian Faithful » The Obligations and Rights of all the Christian Faithful|
|Canon 223.||§1. In exercising their rights, the Christian faithful, both as individuals and gathered together in associations, must take into account the common good of the Church, the rights of others, and their own duties toward others.
§2. In view of the common good, ecclesiastical authority can direct the exercise of rights which are proper to the Christian faithful.
|Canon 222.||§1. The Christian faithful are obliged to assist with the needs of the Church so that the Church has what is necessary for divine worship, for the works of the apostolate and of charity, and for the decent support of ministers.
§2. They are also obliged to promote social justice and, mindful of the precept of the Lord, to assist the poor from their own resources.
|Canon 221.||§1. The Christian faithful can legitimately vindicate and defend the rights which they possess in the Church in the competent ecclesiastical forum according to the norm of law.
§2. If they are summoned to a trial by a competent authority, the Christian faithful also have the right to be judged according to the prescripts of the law applied with equity.
§3. The Christian faithful have the right not to be punished with canonical penalties except according to the norm of law.
|Canon 220.||No one is permitted to harm illegitimately the good reputation which a person possesses nor to injure the right of any person to protect his or her own privacy.|
|Canon 219.||All the Christian faithful have the right to be free from any kind of coercion in choosing a state of life.|
|Canon 218.||Those engaged in the sacred disciplines have a just freedom of inquiry and of expressing their opinion prudently on those matters in which they possess expertise, while observing the submission due to the magisterium of the Church.|
|Canon 217.||Since they are called by baptism to lead a life in keeping with the teaching of the gospel, the Christian faithful have the right to a Christian education by which they are to be instructed properly to strive for the maturity of the human person and at the same time to know and live the mystery of salvation.|
|Canon 216.||Since they participate in the mission of the Church, all the Christian faithful have the right to promote or sustain apostolic action even by their own undertakings, according to their own state and condition. Nevertheless, no undertaking is to claim the name Catholic without the consent of competent ecclesiastical authority.|
|Canon 215.||The Christian faithful are at liberty freely to found and direct associations for purposes of charity or piety or for the promotion of the Christian vocation in the world and to hold meetings for the common pursuit of these purposes.|
|Canon 214.||The Christian faithful have the right to worship God according to the prescripts of their own rite approved by the legitimate pastors of the Church and to follow their own form of spiritual life so long as it is consonant with the doctrine of the Church.|
|Canon 213.||The Christian faithful have the right to receive assistance from the sacred pastors out of the spiritual goods of the Church, especially the word of God and the sacraments.|
|Canon 212.||§1. Conscious of their own responsibility, the Christian faithful are bound to follow with Christian obedience those things which the sacred pastors, inasmuch as they represent Christ, declare as teachers of the faith or establish as rulers of the Church.
§2. The Christian faithful are free to make known to the pastors of the Church their needs, especially spiritual ones, and their desires.
§3. According to the knowledge, competence, and prestige which they possess, they have the right and even at times the duty to manifest to the sacred pastors their opinion on matters which pertain to the good of the Church and to make their opinion known to the rest of the Christian faithful, without prejudice to the integrity of faith and morals, with reverence toward their pastors, and attentive to common advantage and the dignity of persons.
|Canon 211.||All the Christian faithful have the duty and right to work so that the divine message of salvation more and more reaches all people in every age and in every land.|
|Canon 210.||All the Christian faithful must direct their efforts to lead a holy life and to promote the growth of the Church and its continual sanctification, according to their own condition.|
|Canon 209.||§1. The Christian faithful, even in their own manner of acting, are always obliged to maintain communion with the Church.
§2. With great diligence they are to fulfill the duties which they owe to the universal Church and the particular church to which they belong according to the prescripts of the law.
|Canon 208.||From their rebirth in Christ, there exists among all the Christian faithful a true equality regarding dignity and action by which they all cooperate in the building up of the Body of Christ according to each one’s own condition and function.|
|The People of God » The Christian Faithful|
|Canon 207.||§1. By divine institution, there are among the Christian faithful in the Church sacred ministers who in law are also called clerics; the other members of the Christian faithful are called lay persons.
§2. There are members of the Christian faithful from both these groups who, through the profession of the evangelical counsels by means of vows or other sacred bonds recognized and sanctioned by the Church, are consecrated to God in their own special way and contribute to the salvific mission of the Church; although their state does not belong to the hierarchical structure of the Church, it nevertheless belongs to its life and holiness.
|Canon 206.||§1. Catechumens, that is, those who ask by explicit choice under the influence of the Holy Spirit to be incorporated into the Church, are joined to it in a special way. By this same desire, just as by the life of faith, hope, and charity which they lead, they are united with the Church which already cherishes them as its own.
§2. The Church has a special care for catechumens; while it invites them to lead a life of the gospel and introduces them to the celebration of sacred rites, it already grants them various prerogatives which are proper to Christians.
|Canon 205.||Those baptized are fully in the communion of the Catholic Church on this earth who are joined with Christ in its visible structure by the bonds of the profession of faith, the sacraments, and ecclesiastical governance.|
|Canon 204.||§1. The Christian faithful are those who, inasmuch as they have been incorporated in Christ through baptism, have been constituted as the people of God. For this reason, made sharers in their own way in Christ’s priestly, prophetic, and royal function, they are called to exercise the mission which God has entrusted to the Church to fulfill in the world, in accord with the condition proper to each.
§2. This Church, constituted and organized in this world as a society, subsists in the Catholic Church governed by the successor of Peter and the bishops in communion with him.
|General Norms » Computation of Time|
|Canon 203.||§1. The initial day (*a quo*) is not computed in the total unless its beginning coincides with the beginning of the day or the law expressly provides otherwise.
§2. Unless the contrary is established, the final day (*ad quem*) is computed in the total which, if the time consists of one or more months or years, or one or more weeks, is reached at the end of the last day of the same number or, if a month lacks a day of the same number, at the end of the last day of the month.
|Canon 202.||§1. In law, a day is understood as a period consisting of 24 continuous hours and begins at midnight unless other provision is expressly made; a week is a period of 7 days; a month is a period of 30 days, and a year is a period of 365 days unless a month and a year are said to be taken as they are in the calendar.
§2. If time is continuous, a month and a year must always be taken as they are in the calendar.
|Canon 201.||§1. Continuous time is understood as that which undergoes no interruption.
§2. Useful time is understood as that which a person has to exercise or to pursue a right, so that it does not run for a person who is unaware or unable to act.
|Canon 200.||Unless the law expressly provides otherwise, time is to be computed according to the norm of the following canons.|
|General Norms » Prescription|
|Canon 199.||The following are not subject to prescription:
1. rights and obligations which are of the divine natural or positive law;
2. rights which can be obtained from apostolic privilege alone;
3. rights and obligations which directly regard the spiritual life of the Christian faithful;
4. the certain and undoubted boundaries of ecclesiastical territories;
5. Mass offerings and obligations;
6. provision of an ecclesiastical office which, according to the norm of law, requires the exercise of a sacred order;
7. the right of visitation and the obligation of obedience, in such a way that the Christian faithful cannot be visited by any ecclesiastical authority or are no longer subject to any authority.
|Canon 198.||No prescription is valid unless it is based in good faith not only at the beginning but through the entire course of time required for prescription, without prejudice to the prescript of can. 1362.|
|Canon 197.||The Church receives prescription as it is in the civil legislation of the nation in question, without prejudice to the exceptions which are established in the canons of this Code; prescription is a means of acquiring or losing a subjective right as well as of freeing oneself from obligations.|
|General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office » Privation|
|Canon 196.||§1. Privation from office, namely, a penalty for a delict, can be done only according to the norm of law.
§2. Privation takes effect according to the prescripts of the canons on penal law.
|General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office » Removal|
|Canon 195.||If a person is removed not by the law itself but by a decree of competent authority from an office which provides the person’s support, the same authority is to take care that the support is provided for a suitable period, unless other provision is made.|
|Canon 194.||§1. The following are removed from an ecclesiastical office by the law itself:
1. a person who has lost the clerical state;
2. a person who has publicly defected from the Catholic faith or from the communion of the Church;
3. a cleric who has attempted marriage even if only civilly.
§2. The removal mentioned in nn. 2 and 3 can be enforced only if it is established by the declaration of a competent authority.
|Canon 193.||§1. A person cannot be removed from an office conferred for an indefinite period of time except for grave causes and according to the manner of proceeding defined by law.
§2. The same is valid for the removal of a person from an office conferred for a definite period of time before this time has elapsed, without prejudice to the prescript of can. 624, §3.
§3. A person upon whom an office is conferred at the prudent discretion of a competent authority according to the prescripts of the law can, upon the judgment of the same authority, be removed from that office for a just cause.
§4. To take effect, the decree of removal must be communicated in writing.
|Canon 192.||A person is removed from office either by a decree issued legitimately by competent authority, without prejudice to rights possibly acquired by contract, or by the law itself according to the norm of can. 194.|
|General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office » Transfer|
|Canon 191.||§1. In a transfer, the prior office becomes vacant through the canonical possession of the other office unless the law provides otherwise or competent authority has prescribed otherwise.
§2. The person transferred receives the remuneration assigned to the prior office until the person has taken canonical possession of the other office.
|Canon 190.||§1. A transfer can be made only by a person who has the right of providing for the office which is lost as well as for the office which is conferred.
§2. If a transfer is made when the officeholder is unwilling, a grave cause is required and the manner of proceeding prescribed by law is to be observed, always without prejudice to the right of proposing contrary arguments.
§3. To take effect a transfer must be communicated in writing.
|General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office » Resignation|
|Canon 189.||§1. To be valid, a resignation, whether it requires acceptance or not, must be made to the authority to whom it pertains to make provision of the office in question; this must be done either in writing, or orally in the presence of two witnesses.
§2. The authority is not to accept a resignation which is not based on a just and proportionate cause.
§3. A resignation which requires acceptance lacks all force if it is not accepted within three months; one which does not require acceptance takes effect when it has been communicated by the one resigning according to the norm of law.
§4. A resignation can be revoked by the one resigning as long as it has not taken effect; once it has taken effect it cannot be revoked, but the one who resigned can obtain the office by some other title.
|Canon 188.||A resignation made out of grave fear that is inflicted unjustly or out of malice, substantial error, or simony is invalid by the law itself.|
|Canon 187.||Anyone responsible for oneself (*sui compos*) can resign from an ecclesiastical office for a just cause.|
|General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office|
|Canon 186.||Loss of an office by the lapse of a predetermined time or by the reaching of a certain age takes effect only from the moment when the competent authority communicates it in writing.|
|Canon 185.||The title of emeritus can be conferred upon a person who loses an office by reason of age or of resignation which has been accepted.|
|Canon 184.||§1. An ecclesiastical office is lost by the lapse of a predetermined time, by reaching the age determined by law, by resignation, by transfer, by removal, and by privation.
§2. An ecclesiastical office is not lost by the expiration in any way of the authority of the one who conferred it unless the law provides otherwise.
§3. Loss of an office which has taken effect is to be made known as soon as possible to all those who have some right over the provision of the office.
|General Norms » Ecclesiastical Offices » Provision of Ecclesiastical Office » Postulation|
|Canon 183.||§1. If a postulation has not been admitted by the competent authority, the right of electing reverts to the college or group.
§2. If a postulation has been admitted, however, this is to be made known to the person postulated, who must respond according to the norm of can. 177, §1.
§3. A person who accepts a postulation which has been admitted acquires the office in full right immediately.
|Canon 182.||§1. A postulation must be sent within eight useful days by the one presiding to the authority competent to confirm the election, to whom it pertains to grant the dispensation from the impediment, or, if the authority does not have this power, to petition the dispensation from a higher authority. If confirmation is not required, a postulation must be sent to the authority competent to grant the dispensation.
§2. If a postulation has not been sent within the prescribed time, by that fact it is null, and the college or group is deprived of the right of electing or postulating for that occasion unless it is proved that the one presiding had been prevented from sending the postulation by a just impediment or had refrained from sending it at the opportune time by malice or negligence.
§3. The person postulated acquires no right by postulation; the competent authority is not obliged to admit the postulation.
§4. Electors cannot revoke a postulation made to a competent authority unless the authority consents.
|Canon 181.||§1. At least two-thirds of the votes are required for a postulation to have force.
§2. A vote for postulation must be expressed by the words, I postulate, or the equivalent. The formula, I elect or I postulate, or the equivalent is valid for election if there is no impediment; otherwise it is valid for postulation.
|Canon 180.||§1. If a canonical impediment from which a dispensation can be and customarily is granted prevents the election of a person whom the electors believe to be more suitable and whom they prefer, by their votes they can postulate that person from the competent authority unless the law provides otherwise.
§2. Those commissioned to elect in virtue of a compromise cannot postulate unless this was expressed in the compromise.
|General Norms » Ecclesiastical Offices » Provision of Ecclesiastical Office » Election|
|Canon 179.||§1. If the election requires confirmation, the person elected must personally or through another seek confirmation from the competent authority within eight useful days from the day of acceptance of election; otherwise, the person is deprived of every right unless it has been proved that the person was prevented from seeking confirmation by a just impediment.
§2. The competent authority cannot deny confirmation if the person elected has been found suitable according to the norm of can. 149, §1, and the election was conducted according to the norm of law.
§3. Confirmation must be given in writing.
§4. Before being notified of confirmation, the person elected is not permitted to become involved in the administration of the office, whether in matters spiritual or temporal, and acts possibly placed by the person are null.
§5. Once notified of the confirmation, the one elected obtains the office in full right unless the law provides otherwise.
|Canon 178.||The person elected who has accepted an election which does not need confirmation obtains the office in full right immediately; otherwise, the person acquires only the right to the office.|
|Canon 177.||§1. An election must be communicated immediately to the person elected who must inform the one presiding over the college or group whether or not he or she accepts the election within eight useful days after receiving the notification; otherwise, the election has no effect.
§2. If the one elected has not accepted, the person loses every right deriving from the election and does not regain any right by subsequent acceptance but can be elected again. A college or group, however, must proceed to a new election within a month from notifcation of non-acceptance.
|Canon 176.||Unless the law or the statutes provide otherwise, the person who has received the required number of votes according to the norm of can. 119, n. 1 is considered elected and is to be announced as such by the one presiding over the college or group.|
|Canon 175.||The compromise ceases and the right to vote returns to those authorizing the compromise:
1. by revocation by the college or group before any action was taken;
2. if some condition attached to the compromise agreement was not fulfilled;
3. if the election had been completed but was null.
|Canon 174.||§1. Unless the law or the statutes provide otherwise, an election can also be done by compromise, provided that the electors, by unanimous and written consent, transfer the right to elect on that occasion to one or more suitable persons, whether from among the membership or outside it, who are to elect in the name of all by virtue of the faculty received.
§2. If it concerns a college or group composed of clerics alone, those commissioned must be ordained; otherwise the election is invalid.
§3. Those commissioned must observe the prescripts of the law concerning elections and, for the validity of the election, the conditions attached to the compromise agreement which are not contrary to the law; conditions contrary to the law, however, are to be considered as not having been attached.
|Canon 173.||§1. Before an election begins, at least two tellers are to be designated from the membership of the college or group.
§2. The tellers are to collect the votes, to examine in the presence of the one presiding over the election whether the number of ballots corresponds to the number of electors, to count the votes themselves, and to announce openly how many votes each person has received.
§3. If the number of votes exceeds the number of electors, the voting is without effect.
§4. All the acts of an election are to be transcribed accurately by the secretary and are to be preserved carefully in the archive of the college after they have been signed at least by the same secretary, the one presiding, and the tellers.
|Canon 172.||§1. To be valid, a vote must be:
1. free; therefore the vote of a person who has been coerced directly or indirectly by grave fear or malice to vote for a certain person or different persons separately is invalid;
2. secret, certain, absolute, determined.
§2. Conditions attached to a vote before the election are to be considered as not having been added.
|Canon 171.||§1. The following are effected to vote:
1. a person incapable of a human act;
2. a person who lacks active voice;
3. a person under a penalty of excommunication whether through a judicial sentence or through a decree by which a penalty is imposed or declared;
4. a person who has defected notoriously from the communion of the Church.
§2. If one of the above is admitted, the person’s vote is null, but the election is valid unless it is evident that, with that vote subtracted, the one elected did not receive the required number of votes.
|Canon 170.||An election whose freedom actually has been impeded in any way is invalid by the law itself.|
|Canon 169.||For an election to be valid, no one can be admitted to vote who does not belong to the college or group.|
|Canon 168.||Even if a person has the right to vote in his or her own name under several titles, the person can vote only once.|
|Canon 167.||§1. When the notice of the convocation has been given legitimately, those present on the day and at the place determined in the same notice have the right to vote. The faculty of voting by letter or proxy is excluded unless the statutes legitimately provide otherwise.
§2. If one of the electors is present in the house where the election occurs but cannot be present at the election due to ill health, his or her written vote is to be sought by the tellers.
|Canon 166.||§1. The person presiding over a college or group is to convoke all those belonging to the college or group; the notice of convocation, however, when it must be personal, is valid if it is given in the place of domicile or quasi-domicile or in the place of residence.
§2. If anyone of those to be convoked was overlooked and for that reason was absent, the election is valid. Nevertheless, at the instance of that same person and when the oversight and absence have been proved, the election must be rescinded by the competent authority even if it has been confirmed, provided that it is evident juridically that recourse had been made at least within three days from the notice of the election.
§3. If more than one-third of the electors were overlooked, however, the election is null by the law itself unless all those overlooked were in fact present.
|Canon 165.||Unless the law or the legitimate statutes of a college or group have provided otherwise, if a college or group of persons has the right of election to office, the election is not to be delayed beyond three months of useful time computed from the notice of the vacancy of the office. If this limit has passed without action, the ecclesiastical authority who has the right of confirming the election or the right of providing for the office successively is to make provision freely for the vacant office.|
|Canon 164.||Unless the law has provided otherwise, the prescripts of the following canons are to be observed in canonical elections.|
|General Norms » Ecclesiastical Offices » Provision of Ecclesiastical Office » Presentation|
|Canon 163.||The authority competent to install the person presented according to the norm of law is to install the one legitimately presented whom the authority has found suitable and who has accepted. If several persons legitimately presented have been found suitable, the authority must install one of them.|
|Canon 162.||A person who has not made presentation within the useful time according to the norm of can. 158, §1 and can. 161 as well as one who has twice presented an unsuitable person loses the right of presentation for that case. The authority to whom it belongs to install freely provides for the vacant office, with the assent, however, of the proper ordinary of the person appointed.|
|Canon 161.||§1. Unless the law establishes otherwise, a person who has presented one found unsuitable can present another candidate within a month, but once more only.
§2. If the person presented renounces or dies before the installation, the one who has the right of presentation can exercise this right again within a month from the notice of the renunciation or death.
|Canon 160.||§1. The person who possesses the right of presentation can present one or even several persons, either at the same time or successively.
§2. No one can present oneself; a college or group of persons, however, can present one of its own members.
|Canon 159.||No one is to be presented unwillingly; therefore, a person who is proposed for presentation and questioned about his or her intention can be presented unless the person declines within eight useful days.|
|Canon 158.||§1. Presentation for an ecclesiastical office by a person who has the right of presentation must be made to the authority to whom it belongs to install in that office. Moreover, this must be done within three months from notice of the vacancy of the office unless other provision has been made legitimately.
§2. If some college or group of persons has the right of presentation, the person to be presented is to be designated according to the prescripts of can. 165-179.
|General Norms » Ecclesiastical Offices » Provision of Ecclesiastical Office » Free Conferral|
|Canon 157.||Unless the law explicitly establishes otherwise, it is for the diocesan bishop to provide for ecclesiastical offices in his own particular church by free conferral.|
|General Norms » Ecclesiastical Offices » Provision of Ecclesiastical Office|
|Canon 156.||The provision of any office is to be put in writing.|
|Canon 155.||A person who confers an office in the place of another who is negligent or impeded acquires no power thereafter over the person upon whom the office was conferred. The juridic condition of that person, however, is established just as if the provision had been completed according to the ordinary norm of law.|
|Canon 154.||An office vacant by law, which may still be possessed illegitimately by someone, can be conferred provided that it has been declared properly that the possession is not legitimate and mention of this declaration is made in the letter of conferral.|
|Canon 153.||§1. The provision of an office which by law is not vacant is by that fact invalid and is not validated by subsequent vacancy.
§2. Nevertheless, if it concerns an office which by law is conferred for a determined period of time, provision can be made within six months before the expiration of this time and takes effect from the day of the vacancy of the office.
§3. A promise of some office, no matter by whom it is made, produces no juridic effect.
|Canon 152.||Two or more incompatible offices, that is, offices which together cannot be fulfilled at the same time by the same person, are not to be conferred upon one person.|
|Canon 151.||The provision of an office which entails the care of souls is not to be deferred without a grave cause.|
|Canon 150.||An office which entails the full care of souls and for whose fulfillment the exercise of the priestly order is required cannot be conferred validly on one who is not yet a priest.|
|Canon 149.||§1. To be promoted to an ecclesiastical office, a person must be in the communion of the Church as well as suitable, that is, endowed with those qualities which are required for that office by universal or particular law or by the law of the foundation.
§2. Provision of an ecclesiastical office made to one who lacks the requisite qualities is invalid only if the qualities are expressly required for the validity of the provision by universal or particular law or by the law of the foundation. Otherwise it is valid but can be rescinded by decree of competent authority or by sentence of an administrative tribunal.
§3. Provision of an office made as a result of simony is invalid by the law itself.
|Canon 148.||The provision of offices is also the competence of the authority to whom it belongs to erect, change, and suppress them unless the law establishes otherwise.|
|Canon 147.||The provision of an ecclesiastical office is made: through free conferral by a competent ecclesiastical authority; through installation by the same authority if presentation preceded it; through confirmation or admission granted by the same authority if election or postulation preceded it; finally, through simple election and acceptance by the one elected if the election does not require confirmation.|
|Canon 146.||An ecclesiastical office cannot be acquired validly without canonical provision.|
|General Norms » Ecclesiastical Offices|
|Canon 145.||§1. An ecclesiastical office is any function constituted in a stable manner by divine or ecclesiastical ordinance to be exercised for a spiritual purpose.
§2. The obligations and rights proper to individual ecclesiastical offices are defined either in the law by which the office is constituted or in the decree of the competent authority by which the office is at the same time constituted and conferred.
|General Norms » The Power of Governance|
|Canon 144.||§1. In factual or legal common error and in positive and probable doubt of law or of fact, the Church supplies executive power of governance for both the external and internal forum.
§2. The same norm is applied to the faculties mentioned in cann. 882, 883, 966, and 1111, §1.
|Canon 143.||§1. Ordinary power ceases by loss of the office to which it is connected.
§2. Unless the law provides otherwise, ordinary power is suspended if, legitimately, an appeal is made or a recourse is lodged against privation of or removal from office.
|Canon 142.||§1. Delegated power ceases: by fulfillment of the mandate; by expiration of the time or completion of the number of cases for which it was granted; by cessation of the purpose for the delegation; by revocation of the one delegating directly communicated to the delegate as well as by resignation of the delegate made known to and accepted by the one delegating. It does not cease, however, when the authority of the one delegating expires unless this appears in attached clauses.
§2. Nevertheless, an act of delegated power which is exercised for the internal forum alone and is placed inadvertently after the lapse of the time limit of the grant is valid.
|Canon 141.||When several persons have been delegated successively, that person is to take care of the affair whose mandate is the earlier and has not been subsequently revoked.|
|Canon 140.||§1. When several persons have been delegated in solidum to transact the same affair, the one who first begins to deal with it excludes the others from doing so unless that person subsequently was impeded or did not wish to proceed further in carrying it out.
§2. When several persons have been delegated collegially to transact an affair, all must proceed according to the norm of can. 119 unless the mandate has provided otherwise.
§3. Executive power delegated to several persons is presumed to be delegated to them in solidum.
|Canon 139.||§1. Unless the law determines otherwise, the fact that a person approaches some competent authority, even a higher one, does not suspend the executive power, whether ordinary or delegated, of another competent authority.
§2. Nevertheless, a lower authority is not to become involved in cases submitted to a higher authority except for a grave and urgent cause; in this case, the lower authority is immediately to notify the higher concerning the matter.
|Canon 138.||Ordinary executive power as well as power delegated for all cases must be interpreted broadly; any other, however, must be interpreted strictly. Nevertheless, one who has delegated power is understood to have been granted also those things without which the delegate cannot exercise this power.|
|Canon 137.||§1. Ordinary executive power can be delegated both for a single act and for all cases unless the law expressly provides otherwise.
§2. Executive power delegated by the Apostolic See can be subdelegated for a single act or for all cases unless the delegate was chosen for personal qualifications or subdelegation was expressly forbidden.
§3. Executive power delegated by another authority who has ordinary power can be subdelegated only for individual cases if it was delegated for all cases. If it was delegated for a single act or for determined acts, however, it cannot be subdelegated except by express grant of the one delegating.
§4. No subdelegated power can be subdelegated again unless the one delegating has expressly granted this.
|Canon 136.||Unless the nature of the matter or a prescript of law establishes otherwise, a person is able to exercise executive power over his subjects, even when he or they are outside his territory; he is also able to exercise this power over travelers actually present in the territory if it concerns granting favors or executing universal laws or particular laws which bind them according to the norm of can. 13, §2, n. 2.|
|Canon 135.||§1. The power of governance is distinguished as legislative, executive, and judicial.
§2. Legislative power must be exercised in the manner prescribed by law; that which a legislator below the supreme authority possesses in the Church cannot be validly delegated unless the law explicitly provides otherwise. A lower legislator cannot validly issue a law contrary to higher law.
§3. Judicial power, which judges or judicial colleges possess, must be exercised in the manner prescribed by law and cannot be delegated except to perform acts preparatory to some decree or sentence.
§4. In what pertains to the exercise of executive power, the prescripts of the following canons are to be observed.
|Canon 134.||§1. In addition to the Roman Pontiff, by the title of ordinary are understood in the law diocesan bishops and others who, even if only temporarily, are placed over some particular church or a community equivalent to it according to the norm of can. 368 as well as those who possess general ordinary executive power in them, namely, vicars general and episcopal vicars; likewise, for their own members, major superiors of clerical religious institutes of pontifical right and of clerical societies of apostolic life of pontifical right who at least possess ordinary executive power.
§2. By the title of local ordinary are understood all those mentioned in §1 except the superiors of religious institutes and of societies of apostolic life.
§3. Within the context of executive power, those things which in the canons are attributed by name to the diocesan bishop are understood to belong only to a diocesan bishop and to the others made equivalent to him in can. 381, §2, excluding the vicar general and episcopal vicar except by special mandate.
|Canon 133.||§1. A delegate who exceeds the limits of the mandate with respect to either matters or persons does not act at all.
§2. A delegate who carries out those things for which the person was delegated in some manner other than that determined in the mandate is not considered to exceed the limits of the mandate unless the manner was prescribed for validity by the one delegating.
|Canon 132.||§1. Habitual faculties are governed by the prescripts for delegated power.
§2. Nevertheless, unless the grant expressly provides otherwise or the ordinary was chosen for personal qualifications, a habitual faculty granted to an ordinary is not withdrawn when the authority of the ordinary to whom it was granted expires, even if he has begun to execute it, but the faculty transfers to any ordinary who succeeds him in governance.
|Canon 131.||§1. The ordinary power of governance is that which is joined to a certain office by the law itself; delegated, that which is granted to a person but not by means of an office.
§2. The ordinary power of governance can be either proper or vicarious.
§3. The burden of proving delegation rests on the one who claims to have been delegated.
|Canon 130.||Of itself, the power of governance is exercised for the external forum; sometimes, however, it is exercised for the internal forum alone, so that the effects which its exercise is meant to have for the external forum are not recognized there, except insofar as the law establishes it in determined cases.|
|Canon 129.||§1. Those who have received sacred orders are qualified, according to the norm of the prescripts of the law, for the power of governance, which exists in the Church by divine institution and is also called the power of jurisdiction.
§2. Lay members of the Christian faithful can cooperate in the exercise of this same power according to the norm of law.
|General Norms » Juridic Acts|
|Canon 128.||Whoever illegitimately inflicts damage upon someone by a juridic act or by any other act placed with malice or negligence is obliged to repair the damage inflicted.|
|Canon 127.||§1. When it is established by law that in order to place acts a superior needs the consent or counsel of some college or group of persons, the college or group must be convoked according to the norm of can. 166 unless, when it concerns seeking counsel only, particular or proper law provides otherwise. For such acts to be valid, however, it is required that the consent of an absolute majority of those present is obtained or that the counsel of all is sought.
§2. When it is established by law that in order to place acts a superior needs the consent or counsel of certain persons as individuals:
1. if consent is required, the act of a superior who does not seek the consent of those persons or who acts contrary to the opinion of all or any of them is invalid;
2. if counsel is required, the act of a superior who does not hear those persons is invalid; although not obliged to accept their opinion even if unanimous, a superior is nonetheless not to act contrary to that opinion, especially if unanimous, without a reason which is overriding in the superior’s judgment.
§3. All whose consent or counsel is required are obliged to offer their opinion sincerely and, if the gravity of the affair requires it, to observe secrecy diligently; moreover, the superior can insist upon this obligation.
|Canon 126.||An act placed out of ignorance or out of error concerning something which constitutes its substance or which amounts to a condition sine qua non is invalid. Otherwise it is valid unless the law makes other provision. An act entered into out of ignorance or error, however, can give rise to a rescissory action according to the norm of law.|
|Canon 125.||§1. An act placed out of force inflicted on a person from without, which the person was not able to resist in any way, is considered as never to have taken place.
§2. An act placed out of grave fear, unjustly inflicted, or out of malice is valid unless the law provides otherwise. It can be rescinded, however, through the sentence of a judge, either at the instance of the injured party or of the party’s successors in law, or ex officio.
|Canon 124.||§1. For the validity of a juridic act it is required that the act is placed by a qualified person and includes those things which essentially constitute the act itself as well as the formalities and requirements imposed by law for the validity of the act.
§2. A juridic act placed correctly with respect to its external elements is presumed valid.
|General Norms » Physical and Juridic Person » Juridical Persons|
|Canon 123.||Upon the extinction of a public juridic person, the allocation of its goods, patrimonial rights, and obligations is governed by law and its statutes; if these give no indication, they go to the juridic person immediately superior, always without prejudice to the intention of the founders and donors and acquired rights. Upon the extinction of a private juridic person, the allocation of its goods and obligations is governed by its own statutes.|
|Canon 122.||If an aggregate (*universitas*) which possesses public juridic personality is so divided either that a part of it is united with another juridic person or that a distinct public juridic person is erected from the separated part, the ecclesiastical authority competent to make the division, having observed before all else the intention of the founders and donors, the acquired rights, and the approved statutes, must take care personally or through an executor:
1. that common, divisible, patrimonial goods and rights as well as debts and other obligations are divided among the juridic persons concerned, with due proportion in equity and justice, after all the circumstances and needs of each have been taken into account;
2. that the use and usufruct of common goods which are not divisible accrue to each juridic person and that the obligations proper to them are imposed upon each, in due proportion determined in equity and justice.
|Canon 121.||If aggregates of persons (*universitates personarum*) or of things (*universitates rerum*), which are public juridic persons, are so joined that from them one aggregate (*universitas*) is constituted which also possesses juridic personality, this new juridic person obtains the goods and patrimonial rights proper to the prior ones and assumes the obligations with which they were burdened. With regard to the allocation of goods in particular and to the fulfillment of obligations, however, the intention of the founders and donors as well as acquired rights must be respected.|
|Canon 120.||§1. A juridic person is perpetual by its nature; nevertheless, it is extinguished if it is legitimately suppressed by competent authority or has ceased to act for a hundred years. A private juridic person, furthermore, is extinguished if the association is dissolved according to the norm of its statutes or if, in the judgment of competent authority, the foundation has ceased to exist according to the norm of its statutes.
§2. If even one of the members of a collegial juridic person survives, and the aggregate of persons (*universitas personarum*) has not ceased to exist according to its statutes, that member has the exercise of all the rights of the aggregate (*universitas*).
|Canon 119.||With regard to collegial acts, unless the law or statutes provide otherwise:
1. if it concerns elections, when the majority of those who must be convoked are present, that which is approved by the absolute majority of those present has the force of law; after two indecisive ballots, a vote is to be taken on the two candidates who have obtained the greater number of votes or, if there are several, on the two senior in age; after the third ballot, if a tie remains, the one who is senior in age is considered elected;
2. if it concerns other affairs, when an absolute majority of those who must be convoked are present, that which is approved by the absolute majority of those present has the force of law; if after two ballots the votes are equal, the one presiding can break the tie by his or her vote;
3. what touches all as individuals, however, must be approved by all.
|Canon 118.||Representing a public juridic person and acting in its name are those whose competence is acknowledged by universal or particular law or by its own statutes. Representing a private juridic person are those whose competence is granted by statute.|
|Canon 117.||No aggregate of persons (*universitas personarum*) or of things (*universitas rerum*), intending to obtain juridic personality, is able to acquire it unless competent authority has approved its statutes.|
|Canon 116.||§1. Public juridic persons are aggregates of persons (*universitates personarum*) or of things (*universitates rerum*) which are constituted by competent ecclesiastical authority so that, within the purposes set out for them, they fulfill in the name of the Church, according to the norm of the prescripts of the law, the proper function entrusted to them in view of the public good; other juridic persons are private.
§2. Public juridic persons are given this personality either by the law itself or by a special decree of competent authority expressly granting it. Private juridic persons are given this personality only through a special decree of competent authority expressly granting it.
|Canon 115.||§1. Juridic persons in the Church are either aggregates of persons (*universitates personarum*) or aggregates of things (*universitates rerum*).
§2. An aggregate of persons (*universitas personarum*), which can be constituted only with at least three persons, is collegial if the members determine its action through participation in rendering decisions, whether by equal right or not, according to the norm of law and the statutes; otherwise it is non-collegial.
§3. An aggregate of things (*universitas rerum*), or an autonomous foundation, consists of goods or things, whether spiritual or material, and either one or more physical persons or a college directs it according to the norm of law and the statutes.
|Canon 114.||§1. Juridic persons are constituted either by the prescript of law or by special grant of competent authority given through a decree. They are aggregates of persons (*universitates personarum*) or of things (*universitates rerum*) ordered for a purpose which is in keeping with the mission of the Church and which transcends the purpose of the individuals.
§2. The purposes mentioned in §1 are understood as those which pertain to works of piety, of the apostolate, or of charity, whether spiritual or temporal.
§3. The competent authority of the Church is not to confer juridic personality except on those aggregates of persons (*universitates personarum*) or things (*universitates rerum*) which pursue a truly useful purpose and, all things considered, possess the means which are foreseen to be efficient to achieve their designated purpose.
|Canon 113.||§1. The Catholic Church and the Apostolic See have the character of a moral person by divine ordinance itself.
§2. In the Church, besides physical persons, there are also juridic persons, that is, subjects in canon law of obligations and rights which correspond to their nature.
|General Norms » Physical and Juridic Person » The Canonical Condition of Physical Persons|
|Canon 112.||§1. After the reception of baptism, the following are enrolled in another Church sui iuris:
1. a person who has obtained permission from the Apostolic See;
2. a spouse who, at the time of or during marriage, has declared that he or she is transferring to the Church sui iuris of the other spouse; when the marriage has ended, however, the person can freely return to the Latin Church;
3. before the completion of the fourteenth year of age, the children of those mentioned in nn. 1 and 2 as well as, in a mixed marriage, the children of the Catholic party who has legitimately transferred to another Church sui iuris; on completion of their fourteenth year, however, they can return to the Latin Church.
§2. The practice, however prolonged, of receiving the sacraments according to the rite of another Church sui iuris does not entail enrollment in that Church
§3. All those transfers to another Church sui iuris have force from the moment of the declaration of the fact before the local Ordinary of the Church or the proper pastor or priest by delegation and two witnesses, unless a rescript of the Apostolic See provides otherwise; and [this is to be] noted in the baptismal register.
|Canon 111.||§1. Through the reception of baptism, the child of parents who belong to the Latin Church is enrolled in it, or, if one or the other does not belong to it, both parents have chosen by mutual agreement to have the offspring baptized in the Latin Church. If there is no mutual agreement, however, the child is enrolled in the Church sui iuris to which the father belongs.
§2. If only one of the parents be catholic, the baptized is ascribed to the Church to which the catholic parent pertains.
§3. Anyone to be baptized who has completed the fourteenth year of age can freely choose to be baptized in the Latin Church or in another Church sui iuris; in that case, the person belongs to the Church which he or she has chosen.
|Canon 110.||Children who have been adopted according to the norm of civil law are considered the children of the person or persons who have adopted them.|
|Canon 109.||§1. Affinity arises from a valid marriage, even if not consummated, and exists between a man and the blood relatives of the woman and between the woman and the blood relatives of the man.
§2. It is so computed that those who are blood relatives of the man are related in the same line and degree by affinity to the woman, and vice versa.
|Canon 108.||§1. Consanguinity is computed through lines and degrees.
§2. In the direct line there are as many degrees as there are generations or persons, not counting the common ancestor.
§3. In the collateral line there are as many degrees as there are persons in both the lines together, not counting the common ancestor.
|Canon 107.||§1. Through both domicile and quasi-domicile, each person acquires his or her pastor and ordinary.
§2. The proper pastor or ordinary of a transient is the pastor or local ordinary where the transient is actually residing.
§3. The proper pastor of one who has only a diocesan domicile or quasi-domicile is the pastor of the place where the person is actually residing.
|Canon 106.||Domicile and quasi-domicile are lost by departure from a place with the intention of not returning, without prejudice to the prescript of can. 105.|
|Canon 105.||§1. A minor necessarily retains the domicile and quasi-domicile of the one to whose power the minor is subject. A minor who is no longer an infant can also acquire a quasi-domicile of one’s own; a minor who is legitimately emancipated according to the norm of civil law can also acquire a domicile of one’s own.
§2. Whoever for some other reason than minority has been placed legitimately under the guardianship or care of another has the domicile and quasi-domicile of the guardian or curator.
|Canon 104.||Spouses are to have a common domicile or quasi-domicile; by reason of legitimate separation or some other just cause, both can have their own domicile or quasi-domicile.|
|Canon 103.||Members of religious institutes and societies of apostolic life acquire a domicile in the place where the house to which they are attached is located; they acquire a quasi-domicile in the house where they are residing, according to the norm of can. 102, §2.|
|Canon 102.||§1. Domicile is acquired by that residence within the territory of a certain parish or at least of a diocese, which either is joined with the intention of remaining there permanently unless called away or has been protracted for five complete years.
§2. Quasi-domicile is acquired by residence within the territory of a certain parish or at least of a diocese, which either is joined with the intention of remaining there for at least three months unless called away or has in fact been protracted for three months.
§3. A domicile or quasi-domicile within the territory of a parish is called parochial; within the territory of a diocese, even though not within a parish, diocesan.
|Canon 101.||§1. The place of origin of a child, even of a neophyte, is that in which the parents had a domicile or, lacking that, a quasi-domicile when the child was born or, if the parents did not have the same domicile or quasi-domicile, that of the mother.
§2. In the case of a child of transients, the place of origin is the actual place of birth; in the case of an abandoned child, it is the place where the child was found.
|Canon 100.||A person is said to be: a resident (*incola*) in the place where the person has a domicile; a temporary resident (*advena*) in the place where the person has a quasi-domicile; a traveler (*peregrinus*) if the person is outside the place of a domicile or quasi-domicile which is still retained; a transient (*vagus*) if the person does not have a domicile or quasi-domicile anywhere.|
|Canon 99.||Whoever habitually lacks the use of reason is considered not responsible for oneself (*non sui compos*) and is equated with infants.|
|Canon 98.||§1. A person who has reached majority has the full exercise of his or her rights.
§2. A minor, in the exercise of his or her rights, remains subject to the authority of parents or guardians except in those matters in which minors are exempted from their authority by divine law or canon law. In what pertains to the appointment of guardians and their authority, the prescripts of civil law are to be observed unless canon law provides otherwise or unless in certain cases the diocesan bishop, for a just cause, has decided to provide for the matter through the appointment of another guardian.
|Canon 97.||§1. A person who has completed the eighteenth year of age has reached majority; below this age, a person is a minor.
§2. A minor before the completion of the seventh year is called an infant and is considered not responsible for oneself (*non sui compos*). With the completion of the seventh year, however, a minor is presumed to have the use of reason.
|Canon 96.||By baptism one is incorporated into the Church of Christ and is constituted a person in it with the duties and rights which are proper to Christians in keeping with their condition, insofar as they are in ecclesiastical communion and unless a legitimately issued sanction stands in the way.|
|General Norms » Statutes and Rules of Order|
|Canon 95.||§1. Rules of order (*ordines*) are rules or norms, which must be observed in meetings, whether convened by ecclesiastical authority or freely convoked by the Christian faithful, as well as in other celebrations. They define those things which pertain to the constitution, direction, and ways of proceeding.
§2. These rules of order bind those who participate in these assemblies or celebrations.
|Canon 94.||§1. Statutes in the proper sense are ordinances which are established according to the norm of law in aggregates of persons (*universitates personarum*) or of things (*universitates rerum*) and which define their purpose, constitution, government, and methods of operation.
§2. The statutes of an aggregate of persons (*universitas personarum*) bind only the persons who are its legitimate members; the statutes of an aggregate of things (*universitas rerum*), those who direct it.
§3. Those prescripts of statutes established and promulgated by virtue of legislative power are governed by the prescripts of the canons on laws.
|General Norms » Singular Administrative Acts » Dispensations|
|Canon 93.||A dispensation which has successive application ceases in the same ways as a privilege as well as by the certain and total cessation of the motivating cause.|
|Canon 92.||A dispensation is subject to a strict interpretation according to the norm of can. 36, §1, as is the very power to dispense granted for a particular case.|
|Canon 91.||Even when outside his territory, one who possesses the power to dispense is able to exercise it with respect to his subjects even though they are absent from the territory, and, unless the contrary is expressly established, also with respect to travelers actually present in the territory, as well as with respect to himself.|
|Canon 90.||§1. One is not to be dispensed from an ecclesiastical law without a just and reasonable cause, after taking into account the circumstances of the case and the gravity of the law from which dispensation is given; otherwise the dispensation is illicit and, unless it is given by the legislator himself or his superior, also invalid.
§2. In a case of doubt concerning the sufficiency of the cause, a dispensation is granted validly and licitly.
|Canon 89.||A pastor and other presbyters or deacons are not able to dispense from universal and particular law unless this power has been expressly granted to them.|
|Canon 88.||A local ordinary is able to dispense from diocesan laws and, whenever he judges that it contributes to the good of the faithful, from laws issued by a plenary or provincial council or by the conference of bishops.|
|Canon 87.||§1. A diocesan bishop, whenever he judges that it contributes to their spiritual good, is able to dispense the faithful from universal and particular disciplinary laws issued for his territory or his subjects by the supreme authority of the Church. He is not able to dispense, however, from procedural or penal laws nor from those whose dispensation is specially reserved to the Apostolic See or 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 is able to dispense from these same laws even if dispensation is reserved to the Holy See, provided that it concerns a dispensation which the Holy See is accustomed to grant under the same circumstances, without prejudice to the prescript of can. 291.
|Canon 86.||Laws are not subject to dispensation to the extent that they define those things which are essentially constitutive of juridic institutes or acts.|
|Canon 85.||A dispensation, or the relaxation of a merely ecclesiastical law in a particular case, can be granted by those who possess executive power within the limits of their competence, as well as by those who have the power to dispense explicitly or implicitly either by the law itself or by legitimate delegation.|
|General Norms » Singular Administrative Acts » Privileges|
|Canon 84.||One who abuses the power given by a privilege deserves to be deprived of that privilege.
Therefore, when the holder of a privilege has been warned in vain, an ordinary is to deprive the one who gravely abuses it of a privilege which he himself has granted. If the privilege was granted by the Apostolic See, however, an ordinary is bound to notify the Apostolic See.
|Canon 83.||§1. A privilege ceases through the lapse of the time period or through the completion of the number of cases for which it had been granted, without prejudice to the prescript of can. 142, §2.
§2. It also ceases if, in the judgment of the competent authority, circumstances are so changed in the course of time that it becomes harmful or its use illicit.
|Canon 82.||A privilege which is not burdensome to others does not cease through non-use or contrary use. If it is to the disadvantage of others, however, it is lost if legitimate prescription takes place.|
|Canon 81.||A privilege is not extinguished when the authority of the one who granted it expires unless it has been given with the clause, at our good pleasure (*ad beneplacitum nostrum*), or some other equivalent expression.|
|Canon 80.||§1. No privilege ceases through renunciation unless the competent authority has accepted the renunciation.
§2. Any physical person can renounce a privilege granted only in that person’s favor.
§3. Individual persons cannot renounce a privilege granted to some juridic person or granted in consideration of the dignity of a place or of a thing, nor is a juridic person free to renounce a privilege granted to it if the renunciation brings disadvantage to the Church or to others.
|Canon 79.||A privilege ceases through revocation by the competent authority according to the norm of can. 47, without prejudice to the prescript of can. 81.|
|Canon 78.||§1. A privilege is presumed to be perpetual unless the contrary is proved.
§2. A personal privilege, namely one which follows the person, is extinguished with that person’s death.
§3. A real privilege ceases through the complete destruction of the thing or place; a local privilege, however, revives if the place is restored within fifty years.
|Canon 77.||A privilege must be interpreted according to the norm of can. 36, §1, but that interpretation must always be used by which the beneficiaries of a privilege actually obtain some favor.|
|Canon 76.||§1. A privilege is a favor given through a particular act to the benefit of certain physical or juridic persons; it can be granted by the legislator as well as by an executive authority to whom the legislator has granted this power.
§2. Centenary or immemorial possession induces the presumption that a privilege has been granted.
|General Norms » Singular Administrative Acts » Rescripts|
|Canon 75.||If a rescript contains a privilege or dispensation, the prescripts of the following canons are also to be observed.|
|Canon 74.||Although one can use in the internal forum a favor granted orally, the person is bound to prove the favor in the external forum whenever someone legitimately requests it.|
|Canon 73.||Rescripts are not revoked by a contrary law unless the law itself provides otherwise.|
|Canon 72.||Rescripts granted by the Apostolic See which have expired can be extended once by the diocesan bishop for a just cause, but not beyond three months.|
|Canon 71.||No one is bound to use a rescript given only in his or her favor unless bound to do so by a canonical obligation from another source.|
|Canon 70.||If in a rescript the granting of a favor is entrusted to an executor, it is up to the prudent judgment and conscience of the executor to grant or deny the favor.|
|Canon 69.||A rescript for whose presentation no time is specified can be shown to the executor at any time, provided that there is neither fraud nor malice.|
|Canon 68.||A rescript of the Apostolic See in which no executor is given must be presented to the ordinary of the one who obtained it only when it is prescribed in the same letter, or it concerns public matters, or it is necessary that conditions be verified.|
|Canon 67.||§1. If it happens that two contrary rescripts are obtained for one and the same thing, the particular prevails over the general in those matters which are particularly expressed.
§2. If they are equally particular or equally general, the earlier in time prevails over the later unless there is express mention of the earlier one in the later one or unless the person who obtained the earlier one has not used the rescript out of malice or notable negligence.
§3. In a case of doubt whether a rescript is invalid or not, recourse is to be made to the one who issued it.
|Canon 66.||A rescript does not become invalid due to an error in the name of the person to whom it is given or by whom it is issued, or of the place where the person resides, or in the matter concerned, provided that, in the judgment of the ordinary, there is no doubt about the person or the matter.|
|Canon 65.||§1. Without prejudice to the prescripts of §§2 and 3, no one is to petition from another ordinary a favor denied by one’s own ordinary unless mention of the denial has been made. When this mention has been made, however, the ordinary is not to grant the favor unless he has obtained the reasons for the denial from the prior ordinary.
§2. A favor denied by a vicar general or by an episcopal vicar cannot be granted validly by another vicar of the same bishop even if the reasons for the denial have been obtained from the vicar who denied it.
§3. A favor denied by a vicar general or by an episcopal vicar and afterwards obtained from the diocesan bishop without any mention made of this denial is invalid. A favor denied by a diocesan bishop, however, even if mention is made of the denial, cannot be obtained validly from his vicar general or episcopal vicar without the consent of the bishop.
|Canon 64.||Without prejudice to the authority of the Penitentiary for the internal forum, a favor denied by any dicastery of the Roman Curia cannot be granted validly by any other dicastery of the same Curia or by another competent authority below the Roman Pontiff without the assent of the dicastery before which the matter was initiated.|
|Canon 63.||§1. Subreption, or concealment of the truth, prevents the validity of a rescript if in the request those things were not expressed which according to law, style, and canonical practice must be expressed for validity, unless it is a rescript of favor which is given motu proprio.
§2. Obreption, or a statement of falsehood, also prevents the validity of a rescript if not even one proposed motivating reason is true.
§3. The motivating reason in rescripts for which there is no executor must be true at the time when the rescript is given; in others, at the time of execution.
|Canon 62.||A rescript in which no executor is given has effect at the moment the letter is given; other rescripts, at the moment of execution.|
|Canon 61.||Unless it is otherwise evident, a rescript can be requested for another even without the person’s assent and has force before the person’s acceptance, without prejudice to contrary clauses.|
|Canon 60.||Any rescript can be requested by all those who are not expressly prohibited from doing so.|
|Canon 59.||§1. A rescript is an administrative act issued in writing by competent executive authority; of its very nature, a rescript grants a privilege, dispensation, or other favor at someone’s request.
§2. The prescripts established for rescripts are valid also for the oral granting of a permission or favors unless it is otherwise evident.
|General Norms » Singular Administrative Acts » Singular Decrees and Precepts|
|Canon 58.||§1. A singular decree ceases to have force through legitimate revocation by competent authority as well as through cessation of the law for whose execution it was given.
§2. A singular precept not imposed by a legitimate document ceases when the authority of the one who issued it expires.
|Canon 57.||§1. Whenever the law orders a decree to be issued or an interested party legitimately proposes a petition or recourse to obtain a decree, the competent authority is to provide for the matter within three months from the receipt of the petition or recourse unless the law prescribes some other time period.
§2. When this time period has passed, if the decree has not yet been given, the response is presumed to be negative with respect to the presentation of further recourse.
§3. A presumed negative response does not exempt the competent authority from the obligation of issuing the decree and even of repairing the damage possibly incurred, according to the norm of can. 128.
|Canon 56.||A decree is considered to have been made known if the one for whom it is destined has been properly summoned to receive or hear the decree but, without a just cause, did not appear or refused to sign.|
|Canon 55.||Without prejudice to the prescripts of cann. 37 and 51, when a very grave reason prevents the handing over of the written text of a decree, the decree is considered to have been made known if it is read to the person to whom it is destined in the presence of a notary or two witnesses. After a written record of what has occurred has been prepared, all those present must sign it.|
|Canon 54.||§1. A singular decree whose application is entrusted to an executor takes effect from the moment of execution; otherwise, from the moment it is made known to the person by the authority of the one who issued it.
§2. To be enforced, a singular decree must be made known by a legitimate document according to the norm of law.
|Canon 53.||If decrees are contrary to one another, a particular decree prevails over a general in those matters which are specifically expressed. If they are equally particular or equally general, the decree later in time modifies the earlier to the extent that the later one is contrary to it.|
|Canon 52.||A singular decree has force only in respect to the matters which it decides and for the persons for whom it was given. It obliges these persons everywhere, however, unless it is otherwise evident.|
|Canon 51.||A decree is to be issued in writing, with the reasons at least summarily expressed if it is a decision.|
|Canon 50.||Before issuing a singular decree, an authority is to seek out the necessary information and proofs and, insofar as possible, to hear those whose rights can be injured.|
|Canon 49.||A singular precept is a decree which directly and legitimately enjoins a specific person or persons to do or omit something, especially in order to urge the observance of law.|
|Canon 48.||A singular decree is an administrative act issued by a competent executive authority in which a decision is given or a provision is made for a particular case according to the norms of law. Of their nature, these decisions or provisions do not presuppose a petition made by someone.|
|General Norms » Singular Administrative Acts » Common Norms|
|Canon 47.||The revocation of an administrative act by another administrative act of a competent authority takes effect only from the moment at which the revocation is legitimately made known to the person for whom it has been given.|
|Canon 46.||An administrative act does not cease when the authority of the one who established it expires unless the law expressly provides otherwise.|
|Canon 45.||If the executor has erred in any way in the execution of an administrative act, the executor is permitted to execute the same act again.|
|Canon 44.||The executor’s successor in office can also execute an administrative act unless the executor was chosen for personal qualifications.|
|Canon 43.||The executor of an administrative act can, according to his or her prudent judgment, substitute another as executor unless substitution has been forbidden, the executor has been chosen for personal qualifications, or a substitute has been predetermined. In these cases, however, the executor may entrust the preparatory acts to another.|
|Canon 42.||The executor of an administrative act must proceed according to the norm of the mandate. If, however, the executor did not fulfill the essential conditions attached to the relevant letter and did not observe the substantial form of proceeding, the execution is invalid.|
|Canon 41.||The executor of an administrative act to whom is entrusted merely the task of execution cannot refuse the execution of this act unless it clearly appears that the act itself is null or cannot be upheld for another grave cause, or the conditions attached to the administrative act itself have not been fulfilled. Nevertheless, if the execution of the administrative act seems inopportune due to the circumstances of person or place, the executor is to suspend the execution. In such cases the executor is to inform immediately the authority who issued the act.|
|Canon 40.||The executor of any administrative act invalidly carries out his or her function before receiving the relevant letter and verifying its authenticity and integrity, unless previous notice of the letter had been communicated to the executor by authority of the one who issued the act.|
|Canon 39.||Conditions in an administrative act are considered added for validity only when they are expressed by the particles if (*si*), unless (*nisi*), or provided that (*dummodo*).|
|Canon 38.||An administrative act, even if it is a rescript given motu proprio, lacks effect insofar as it injures the acquired right of another or is contrary to a law or approved custom, unless the competent authority has expressly added a derogating clause.|
|Canon 37.||An administrative act which regards the external forum must be put in writing.
Furthermore, if it is given in commissariat form, the act of its execution must be put in writing.
|Canon 36.||§1. An administrative act must be understood according to the proper meaning of the words and the common manner of speaking. In a case of doubt, those which refer to litigation, pertain to threatening or inflicting penalties, restrict the rights of a person, injure the acquired rights of others, or are contrary to a law which benefits private persons are subject to a strict interpretation; all others are subject to a broad interpretation.
§2. An administrative act must not be extended to other cases besides those expressed.
|Canon 35.||A singular administrative act, whether it is a decree, a precept, or a rescript, can be issued by one who possesses executive power within the limits of that person’s competence, without prejudice to the prescript of can. 76, §1.|
|General Norms » General Decrees and Instructions|
|Canon 34.||§1. Instructions clarify the prescripts of laws and elaborate on and determine the methods to be observed in fulfilling them. They are given for the use of those whose duty it is to see that laws are executed and oblige them in the execution of the laws. Those who possess executive power legitimately issue such instructions within the limits of their competence.
§2. The ordinances of instructions do not derogate from laws. If these ordinances cannot be reconciled with the prescripts of laws, they lack all force.
§3. Instructions cease to have force not only by explicit or implicit revocation of the competent authority who issued them or of the superior of that authority but also by the cessation of the law for whose clarification or execution they were given.
|Canon 33.||§1. General executory decrees, even if they are issued in directories or in documents of another name, do not derogate from laws, and their prescripts which are contrary to laws lack all force.
§2. Such decrees cease to have force by explicit or implicit revocation made by competent authority as well as by cessation of the law for whose execution they were given. They do not, however, cease when the authority of the one who established them expires unless the contrary is expressly provided.
|Canon 32.||General executory decrees oblige those who are bound by the laws whose methods of application the same decrees determine or whose observance they urge.|
|Canon 31.||§1. Those who possess executive power are able to issue, within the limits of their competence, general executory decrees, namely, those which more precisely determine the methods to be observed in applying the law or which urge the observance of laws.
§2. With respect to the promulgation and suspensive period (*vacatio*) of the decrees mentioned in §1, the prescripts of can. 8 are to be observed.
|Canon 30.||A person who possesses only executive power is not able to issue the general decree mentioned in can. 29 unless, in particular cases, it has been expressly granted to that person by a competent legislator according to the norm of law and the conditions stated in the act of the grant have been observed.|
|Canon 29.||General decrees, by which a competent legislator issues common prescripts for a community capable of receiving law, are laws properly speaking and are governed by the prescripts of the canons on laws.|
|General Norms » Custom|
|Canon 28.||Without prejudice to the prescript of can. 5, a contrary custom or law revokes a custom which is contrary to or beyond the law (*praeter legem*). Unless it makes express mention of them, however, a law does not revoke centenary or immemorial customs, nor does a universal law revoke particular customs.|
|Canon 27.||Custom is the best interpreter of laws.|
|Canon 26.||Unless the competent legislator has specifically approved it, a custom contrary to the canon law now in force or one beyond a canonical law (*praeter legem canonicam*) obtains the force of law only if it has been legitimately observed for thirty continuous and complete years. Only a centenary or immemorial custom, however, can prevail against a canonical law which contains a clause prohibiting future customs.|
|Canon 25.||No custom obtains the force of law unless it has been observed with the intention of introducing a law by a community capable at least of receiving law.|
|Canon 24.||§1. No custom which is contrary to divine law can obtain the force of law.
§2. A custom contrary to or beyond canon law (*praeter ius canonicum*) cannot obtain the force of law unless it is reasonable; a custom which is expressly reprobated in the law, however, is not reasonable.
|Canon 23.||Only that custom introduced by a community of the faithful and approved by the legislator according to the norm of the following canons has the force of law.|
|General Norms » Ecclesiastical Laws|
|Canon 22.||Civil laws to which the law of the Church yields are to be observed in canon law with the same effects, insofar as they are not contrary to divine law and unless canon law provides otherwise.|
|Canon 21.||In a case of doubt, the revocation of a pre-existing law is not presumed, but later laws must be related to the earlier ones and, insofar as possible, must be harmonized with them.|
|Canon 20.||A later law abrogates, or derogates from, an earlier law if it states so expressly, is directly contrary to it, or completely reorders the entire matter of the earlier law. A universal law, however, in no way derogates from a particular or special law unless the law expressly provides otherwise.|
|Canon 19.||If a custom or an express prescript of universal or particular law is lacking in a certain matter, a case, unless it is penal, must be resolved in light of laws issued in similar matters, general principles of law applied with canonical equity, the jurisprudence and practice of the Roman Curia, and the common and constant opinion of learned persons.|
|Canon 18.||Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.|
|Canon 17.||Ecclesiastical laws must be understood in accord with the proper meaning of the words considered in their text and context. If the meaning remains doubtful and obscure, recourse must be made to parallel places, if there are such, to the purpose and circumstances of the law, and to the mind of the legislator.|
|Canon 16.||§1. The legislator authentically interprets laws as does the one to whom the same legislator has entrusted the power of authentically interpreting.
§2. An authentic interpretation put forth in the form of law has the same force as the law itself and must be promulgated. If it only declares the words of the law which are certain in themselves, it is retroactive; if it restricts or extends the law, or if it explains a doubtful law, it is not retroactive.
§3. An interpretation in the form of a judicial sentence or of an administrative act in a particular matter, however, does not have the force of law and only binds the persons for whom and affects the matters for which it was given.
|Canon 15.||§1. Ignorance or error about invalidating or disqualifying laws does not impede their effect unless it is expressly established otherwise.
§2. Ignorance or error about a law, a penalty, a fact concerning oneself, or a notorious fact concerning another is not presumed; it is presumed about a fact concerning another which is not notorious until the contrary is proven.
|Canon 14.||Laws, even invalidating and disqualifying ones, do not oblige when there is a doubt about the law. When there is a doubt about a fact, however, ordinaries can dispense from laws provided that, if it concerns a reserved dispensation, the authority to whom it is reserved usually grants it.|
|Canon 13.||§1. Particular laws are not presumed to be personal but territorial unless it is otherwise evident.
§2. Travelers are not bound:
1. by the particular laws of their own territory as long as they are absent from it unless either the transgression of those laws causes harm in their own territory or the laws are personal;
2. by the laws of the territory in which they are present, with the exception of those laws which provide for public order, which determine the formalities of acts, or which regard immovable goods located in the territory.
§3. Transients are bound by both universal and particular laws which are in force in the place where they are present.
|Canon 12.||§1. Universal laws bind everywhere all those for whom they were issued.
§2. All who are actually present in a certain territory, however, are exempted from universal laws which are not in force in that territory.
§3. Laws established for a particular territory bind those for whom they were issued as well as those who have a domicile or quasi-domicile there and who at the same time are actually residing there, without prejudice to the prescript of can. 13.
|Canon 11.||Merely ecclesiastical laws bind those who have been baptized in the Catholic Church or received into it, possess the sufficient use of reason, and, unless the law expressly provides otherwise, have completed seven years of age.|
|Canon 10.||Only those laws must be considered invalidating or disqualifying which expressly establish that an act is null or that a person is unqualified.|
|Canon 9.||Laws regard the future, not the past, unless they expressly provide for the past.|
|Canon 8.||§1. Universal ecclesiastical laws are promulgated by publication in the official commentary, Acta Apostolicae Sedis, unless another manner of promulgation has been prescribed in particular cases. They take force only after three months have elapsed from the date of that issue of the Acta unless they bind immediately from the very nature of the matter, or the law itself has specifically and expressly established a shorter or longer suspensive period (*vacatio*).
§2. Particular laws are promulgated in the manner determined by the legislator and begin to oblige a month after the day of promulgation unless the law itself establishes another time period.
|Canon 7.||A law is established when it is promulgated.|
|Canon 6.||§1. When this Code takes force, the following are abrogated:
1. the Code of Canon Law promulgated in 1917;
2. other universal or particular laws contrary to the prescripts of this Code unless other provision is expressly made for particular laws;
3. any universal or particular penal laws whatsoever issued by the Apostolic See unless they are contained in this Code;
4. other universal disciplinary laws regarding matter which this Code completely reorders.
§2. Insofar as they repeat former law, the canons of this Code must be assessed also in accord with canonical tradition.
|Canon 5.||§1. Universal or particular customs presently in force which are contrary to the prescripts of these canons and are reprobated by the canons of this Code are absolutely suppressed and are not permitted to revive in the future. Other contrary customs are also considered suppressed unless the Code expressly provides otherwise or unless they are centenary or immemorial customs which can be tolerated if, in the judgment of the ordinary, they cannot be removed due to the circumstances of places and persons.
§2. Universal or particular customs beyond the law (*praeter ius*) which are in force until now are preserved.
|Canon 4.||Acquired rights and privileges granted to physical or juridic persons up to this time by the Apostolic See remain intact if they are in use and have not been revoked, unless the canons of this Code expressly revoke them.|
|Canon 3.||The canons of the Code neither abrogate nor derogate from the agreements entered into by the Apostolic See with nations or other political societies. These agreements therefore continue in force exactly as at present, notwithstanding contrary prescripts of this Code.|
|Canon 2.||For the most part the Code does not define the rites which must be observed in celebrating liturgical actions. Therefore, liturgical laws in force until now retain their force unless one of them is contrary to the canons of the Code.|
|Canon 1.||The canons of this Code regard only the Latin Church.|
Page generated in 0.0831 seconds.
Website code © 2019 (MIT License). Version 2.7.2, last updated February 17, 2019. FAQ