in English translation
Prepared by
the Canon Law Society of Great Britain and Ireland
in association with
the Canon Law Society of Australia and New Zealand
and the Canadian Canon Law Society
English translation copyright 1983 The
Canon Law Society Trust
Latest text update:
motu proprio modifying canons 295 and 296 on personal prelatures, 8.VIII.2023
Latest annotation added:
Note of the Dicastery for Divine Worship and the Discipline of the
Sacraments
on the obligation to attend Mass when a holyday of obligation is transferred,
23.I.2025
(cf. canons 1246-1248)
cc. 111-112 published in Motu proprio De concordia inter Codices, 31 May 2016
c. 189 published in Motu proprio Learn to take your leave, 12 February 2018
c. 230 published in Motu proprio Spiritus
Domini, 10 January 2021
c. 237 published in Motu proprio Competentias quasdam decernere, 11 February 2022
c. 242 published in Motu proprio Competentias
quasdam decernere, 11 February 2022
c. 265 published in Motu proprio Competentias quasdam decernere, 11 February 2022
cc. 295-296 published in Motu proprio modifying canons on personal
prelatures, 8 August 2023
cc. 401-402 published in Motu proprio Learn
to take your leave, 12 February 2018
c. 411 published in Motu proprio Learn to take your leave, 12 February 2018
c. 535 published in Motu proprio De concordia inter Codices, 31 May 2016
c. 579 published in Motu proprio Authenticum charismatis, 1 November 2020
c. 604 published in Motu proprio Competentias
quasdam decernere, 11 February 2022
c. 628 published in CICLSAL Instruction Cor Orans, 1 April 2018
c. 638 published in CICLSAL Instruction Cor
Orans, 1 April 2018
c. 665 published in CICLSAL Instruction Cor Orans, 1 April 2018
c. 667 published in CICLSAL Instruction Cor Orans, 1 April 2018
c. 686 published in Motu proprio Competentias
quasdam decernere, 11 February 2022
c. 686 published in CICLSAL Instruction Cor Orans, 1 April 2018
c. 688 published in Motu proprio Competentias
quasdam decernere, 11 February 2022
c. 694 published in Motu proprio Communis vita, 19 March 2019
c. 695 published in Motu proprio Recognitum Librum VI, 26 April 2022
c. 699 published in Motu proprio Competentias
quasdam decernere, 11 February 2022
c. 700 published in Motu proprio Competentias
quasdam decernere, 11 February 2022
and Motu proprio Expedit ut iura, 2
April 2023
c. 729 published in Motu proprio Communis vita, 19 March 2019
c. 750 published in Motu proprio Ad tuendam fidem, 18 May 1998
c. 775 published in Motu proprio Competentias
quasdam decernere, 11 February 2022
c. 838 published in Motu proprio Magnum principium, 3 September 2017
c. 868 published in Motu proprio De concordia inter Codices, 31 May 2016
cc. 1008-1009 published in Motu proprio Omnium in mentem, 26 October 2009
c. 1086 published in Motu proprio Omnium in mentem, 26 October 2009
cc. 1108-1109 published in Motu proprio De concordia inter Codices, 31 May 2016
cc. 1111-1112 published in Motu proprio De
concordia inter Codices, 31 May 2016
c. 1116 published in Motu proprio De concordia inter Codices, 31 May 2016
c. 1117 published in Motu proprio Omnium in mentem, 26 October 2009
c. 1124 published in Motu proprio Omnium in mentem, 26 October 2009
c. 1127 published in Motu proprio De concordia inter Codices, 31 May 2016
c. 1308 published in Motu proprio Competentias
quasdam decernere, 11 February 2022
c. 1310 published in Motu proprio Competentias quasdam decernere, 11 February 2022
cc. 1311-1399 published in Motu proprio Pascite gregem Dei, 23 May 2021
c. 1362 terminology altered by Motu proprio Praedicate Evangelium, 19
March 2022
c. 1425 amended following Motu proprio Mitis
Iudex Dominus Iesus, 15 August 2015
c. 1639 amended following Motu proprio Mitis
Iudex Dominus Iesus, 15 August 2015
cc. 1671-1691 published in Motu proprio Mitis Iudex Dominus Iesus, 15 August 2015
cc. 1693-1694 amended following Motu proprio Mitis
Iudex Dominus Iesus, 15 August 2015
c. 1700 amended following Motu proprio Mitis
Iudex Dominus Iesus, 15 August 2015
cc. 1709-1710 terminology altered by Motu proprio Praedicate Evangelium, 19
March 2022
Can. 1 The canons of this Code concern only the Latin
Church.
Can. 2 For the most part the Code does not
determine the rites to be observed in the celebration of liturgical actions.
Accordingly, liturgical laws which have been in effect hitherto retain their
force, except those which may be contrary to the canons of the Code.
Can. 3 The canons of the Code do not abrogate, nor
do they derogate from, agreements entered into by the Apostolic See with
nations or other civil entities. For this reason, these agreements continue in
force as hitherto, notwithstanding any contrary provisions of this Code.
Can. 4 Acquired rights, and likewise privileges
hitherto granted by the Apostolic See to either physical or juridical persons,
which are still in use and have not been revoked, remain intact, unless they
are expressly revoked by the canons of this Code.
Can. 5 §1 Universal or particular
customs which have been in effect up to now but are contrary to the provisions
of these canons and are reprobated in the canons of this Code, are completely
suppressed, and they may not be allowed to revive in the future. Other contrary
customs are also to be considered suppressed, unless the Code expressly
provides otherwise, or unless they are centennial or immemorial: these latter
may be tolerated if the Ordinary judges that, in the circumstances of place and
person, they cannot be removed.
§2 Customs apart from the law, whether universal or
particular, which have been in effect hitherto, are retained.
Can. 6 §1 When this Code comes into
force, the following are abrogated:
1° the Code of Canon Law promulgated in 1917;
2° other laws, whether universal or particular, which
are contrary to the provisions of this Code, unless it is otherwise expressly
provided in respect of particular laws;
3° all penal laws enacted by the Apostolic See,
whether universal or particular, unless they are resumed in this Code itself;
4° any other universal disciplinary laws concerning
matters which are integrally reordered by this Code.
§2 To the extent that the canons of this Code
reproduce the former law, they are to be assessed in the light also of
canonical tradition.
Can. 7 A law comes into being when it is
promulgated.
Can. 8 §1 Universal ecclesiastical
laws are promulgated by publication in the ‘Acta Apostolicae Sedis’, unless in
particular cases another manner of promulgation has been prescribed. They come
into force only on the expiry of three months from the date appearing on the
particular issue of the ‘Acta’, unless because of the nature of the case they
bind at once, or unless a shorter or a longer interval has been specifically
and expressly prescribed m the law itself.
§2 Particular laws are promulgated in the manner
determined by the legislator; they begin to oblige one month from the date of
promulgation, unless a different period is prescribed in the law itself.
Can. 9 Laws concern matters of the future, not
those of the past, unless provision is made in them for the latter by name.
Can. 10 Only those laws are to be considered
invalidating or incapacitating which expressly prescribe that an act is null or
that a person is incapable.
Can. 11 Merely ecclesiastical laws bind those who
were baptised in the Catholic Church or received into it, and who have a
sufficient use of reason and, unless the law expressly provides otherwise, who
have completed their seventh year of age.
Can. 12 §1 Universal laws are binding
everywhere on all those for whom they were enacted.
§2 All those actually present in a particular
territory in which certain universal laws are not in force, are exempt from
those laws.
§3 Without prejudice to the provisions of can. 13,
laws enacted for a particular territory bind those for whom they were enacted
and who have a domicile or quasi‑domicile in that territory and are
actually residing in it.
Can. 13 §1 Particular laws are not
presumed to be personal, but rather territorial, unless the contrary is clear.
§2 Peregrini
are not bound:
1° by the particular laws of their own territory while
they are absent from it, unless the transgression of those laws causes harm in
their own territory, or unless the laws are personal
2° by the laws of the territory in which they are
present, except for those laws which take care of public order, or determine
the formalities of legal acts, or concern immovable property located in the
territory.
§3 Vagi are
bound by both the universal and the particular laws which are in force in the
place in which they are present.
Can. 14
Laws, even invalidating and incapacitating ones, do not oblige when there is a
doubt of law. When there is a doubt of fact, however Ordinaries can dispense
from them provided, if there is question of a reserved dispensation, it is one
which the authority to whom it is reserved is accustomed to grant.
Can. 15 §1
Ignorance or error concerning invalidating or incapacitating laws does not
prevent the effect of those laws, unless it is expressly provided otherwise.
§2 Ignorance or error is not presumed about a law, a
penalty, a fact concerning oneself, or a notorious fact concerning another. It
is presumed about a fact concerning another which is not notorious, until the
contrary is proved.
[For ignorance
and error concerning penal laws see canons 1323, 2°; 1324, 8°-9°; 1325]
Can. 16 §1
Laws are authentically interpreted by the legislator and by that person to whom
the legislator entrusts the power of authentic interpretation.
[See Praedicate Evangelium, 19.III.2022, arts.
175-182, on the role of the Dicastery for Legislative Texts]
§2 An authentic interpretation which is presented by
way of a law has the same force as the law itself, and must be promulgated. If
it simply declares the sense of words which are certain in themselves, it has
retroactive force. If it restricts or extends the law or resolves a doubt, it
is not retroactive.
§3 On the other hand, an interpretation by way of a
court judgement or of an administrative act in a particular case, does not have
the force of law. It binds only those persons and affects only those matters
for which it was given.
Can. 17
Ecclesiastical laws are to be understood according to the proper meaning of the
words considered in their text and context. If the meaning remains doubtful or
obscure, there must be recourse to parallel places, if there be any, to the
purpose and circumstances of the law, and to the mind of the legislator.
Can. 18 Laws which prescribe a penalty, or restrict
the free exercise of rights, or contain an exception to the law, are to be
interpreted strictly.
Can. 19 If on a particular matter there is not an
express provision of either universal or particular law, nor a custom, then,
provided it is not a penal matter, the question is to be decided by taking into
account laws enacted in similar matters, the general principles of law observed
with canonical equity, the jurisprudence and practice of the Roman Curia, and
the common and constant opinion of learned authors.
Can. 20
A later law abrogates or derogates from an earlier law, if it expressly so
states, or if it is directly contrary to that law, or if it integrally reorders
the whole subject matter of the earlier law. A universal law, however, does not
derogate from a particular or from a special law, unless the law expressly
provides otherwise.
Can. 21
In doubt, the revocation of a previous law is not presumed; rather, later laws
are to be related to earlier ones and, as far as possible, harmonised with
them.
Can. 22
When the law of the Church remits some issue to the civil law, the latter is to
be observed with the same effects in canon law, insofar as it is not contrary
to divine law, and provided it is not otherwise stipulated in canon law.
Can. 23
A custom introduced by a community of the faithful has the force of law only if
it has been approved by the legislator, in accordance with the following
canons.
Can. 24 §1
No custom which is contrary to divine law can acquire the force of law.
§2 A custom which is contrary to or apart from canon
law, cannot acquire the force of law unless it is reasonable; a custom which is
expressly reprobated in the law is not reasonable.
Can. 25 No custom acquires the force of law unless
it has been observed, with the intention of introducing a law, by a community
capable at least of receiving a law.
Can. 26
Unless it has been specifically approved by the competent legislator, a custom
which is contrary to the canon law currently in force, or is apart from the
canon law, acquires the force of law only when it has been lawfully observed
for a period of thirty continuous and complete years. Only a centennial or
immemorial custom can prevail over a canonical law which carries a clause
forbidding future customs.
Can. 27
Custom is the best interpreter of laws.
Can. 28 Without
prejudice to the provisions of can. 5, a custom, whether contrary to or apart
from the law, is revoked by a contrary custom or law. But unless the law makes
express mention of them, it does not revoke centennial or immemorial customs,
nor does a universal law revoke particular customs.
Can. 29
General decrees, by which a competent legislator makes common provisions for a
community capable of receiving a law, are true laws and are regulated by the
provisions of the canons on laws.
Can. 30
A general decree, as in can. 29, cannot be made by one who has only executive
power, unless in particular cases this has been expressly authorised by the
competent legislator in accordance with the law, and provided the conditions
prescribed in the act of authorisation are observed.
Can. 31 §1
Within the limits of their competence, those who have executive power can issue
general executory decrees, that is, decrees which define more precisely the
manner of applying a law, or which urge the observance of laws.
§2 The provisions of can. 8 are to be observed in
regard to the promulgation, and to the interval before the coming into effect,
of the decrees mentioned in §1.
Can. 32
General executory decrees which define the manner of application or urge the
observance of laws, bind those who are bound by the laws.
Can. 33 §1
General executory decrees, even if published in directories or other such
documents, do not derogate from the law, and any of their provisions which are
contrary to the law have no force.
§2 These decrees
cease to have force by explicit or implicit revocation by the competent
authority, and by the cessation of the law for whose execution they were
issued. They do not cease on the expiry of the authority of the person who
issued them, unless the contrary is expressly provided.
[On general executory decrees of conferences of bishops, see can. 455]
[On the juridical and disciplinary obligations of provisions contained in a directory, see Dicastery for Legislative Texts, Explanatory note, 22.X.1994]
Can. 34 §1
Instructions, namely, which set out the provisions of a law and develop the
manner in which it is to be put into effect, are given for the benefit of those
whose duty it is to execute the law, and they bind them in executing the law.
Those who have executive power may, within the limits of their competence,
lawfully publish such instructions.
§2 The regulations of an instruction do not derogate
from the law, and if there are any which cannot be reconciled with the
provisions of the law they have no force.
§3 Instructions cease to have force not only by
explicit or implicit revocation by the competent authority who published them
or by that authority’s superior, but also by the cessation of the law which
they were designed to set out and execute.
Can. 35 Within the limits of his or her competence,
one who has executive power can issue a singular administrative act, either by
decree or precept, or by rescript, without prejudice to can. 76 §1.
Can. 36 §1 An administrative act is to
be understood according to the proper meaning of the words and the common
manner of speaking. In doubt, a strict interpretation is to be given to those
administrative acts which concern litigation or threaten or inflict penalties,
or restrict the rights of persons, or harm the acquired rights of others, or
run counter to a law in favour of private persons; all other administrative
acts are to be widely interpreted.
§2 Administrative acts must not be extended to cases
other than those expressly stated.
Can. 37 An administrative act which concerns the
external forum is to be effected in writing; likewise, if it requires an
executor, the act of execution is to be in writing.
Can. 38 An administrative act, even if there is
question of a rescript given Motu proprio,
has no effect in so far as it harms the acquired right of another, or is
contrary to a law or approved custom, unless the competent authority has
expressly added a derogatory clause.
Can. 39 Conditions attached to an administrative act
are considered to concern validity only when they are expressed by the
particles ‘if’, ‘unless’, ‘provided that’.
Can. 40 The executor of any administrative act
cannot validly carry out this office before receiving the relevant document and
establishing its authenticity and integrity, unless prior notice of this
document has been conveyed to the executor on the authority of the person who
issued the administrative act.
Can. 41 The executor of an administrative act to
whom the task of execution only is entrusted, cannot refuse to execute it,
unless it is quite clear that the act itself is null, or that it cannot for
some other grave reason be sustained, or that the conditions attached to the
administrative act itself have not been fulfilled. If, however, the execution
of the administrative act would appear to be inopportune, by reason of the
circumstances of person or place, the executor is to desist from the execution,
and immediately inform the person who issued the act.
Can. 42 The executor of an administrative act must
proceed in accordance with the mandate. If, however, the executor has not
fulfilled essential conditions attached to the document, or has not observed
the substantial form of procedure, the execution is invalid.
Can. 43 The executor of an administrative act may in
his prudent judgement substitute another for himself, unless substitution has
been forbidden, or he has been deliberately chosen as the only person to be
executor, or a specific person has been designated as substitute; however, in
these cases the executor may commit the preparatory acts to another.
Can. 44 An administrative act can also be executed
by the executor’s successor in office, unless the first had been chosen
deliberately as the only person to be executor.
Can. 45 If there has been any error in the execution
of an administrative act, the executor may execute it again.
Can. 46 An administrative act does not cease on the
expiry of the authority of the person issuing it, unless the law expressly
provides otherwise.
Can. 47 The revocation of an administrative act by
another administrative act of the competent authority takes effect only from
the moment at which the person to whom it was issued is lawfully notified.
Can. 48 A singular decree is an
administrative act issued by a competent executive authority, whereby in
accordance with the norms of law a decision is given or a provision made for a
particular case; of its nature this decision or provision does not presuppose that
a petition has been made by anyone.
Can. 49 A singular precept is a decree by which an
obligation is directly and lawfully imposed on a specific person or persons to
do or to omit something, especially in order to urge the observance of a law.
Can. 50 Before issuing a singular decree, the person
in authority is to seek the necessary information and proof and, as far as
possible, is to consult those whose rights could be harmed.
Can. 51 A decree is to be issued in writing. When it
is a decision, it should express, at least in summary form, the reasons for the
decision.
Can. 52 A singular decree has effect in respect only
of those matters it determines and of those persons to whom it was issued; it
obliges such persons everywhere, unless it is otherwise clear.
Can. 53 If decrees are contrary one to another,
where specific matters are expressed, the specific prevails over the general;
if both are equally specific or equally general, the one later in time
abrogates the earlier insofar as it is contrary to it.
Can. 54 §1 A singular decree whose
application is entrusted to an executor, has effect from the moment of
execution; otherwise, from the moment when it is made known to the person on
the authority of the one who issued it.
§2 For a singular decree to be enforceable, it must be
made known by a lawful document in accordance with the law.
Can. 55 Without prejudice to cann. 37 and 51,
whenever a very grave reason prevents the handing over of the written text of a
decree, the decree is deemed to have been made known if it is read to the
person to whom it is directed, in the presence of a notary or two witnesses; a
record of the occasion is to be drawn up and signed by all present.
Can. 56 A decree is deemed to have been made known
if the person to whom it is directed has been duly summoned to receive or to
hear the decree, and without a just reason has not appeared or has refused to
sign.
Can. 57 §1 Whenever the law orders a
decree to be issued, or when a person who is concerned lawfully requests a
decree or has recourse to obtain one, the competent authority is to provide for
the situation within three months of having received the petition or recourse,
unless a different period of time is prescribed by law.
§2 If this period of time has expired and the decree
has not yet been given, then as far as proposing a further recourse is
concerned, the reply is presumed to be negative.
§3 A presumed negative reply does not relieve the
competent authority of the obligation of issuing the decree, and, in accordance
with can. 128, of repairing any harm done.
Can. 58 §1 A singular decree ceases to
have force when it is lawfully revoked by the competent authority, or when the
law ceases for whose execution it was issued.
§2 A singular precept, which was not imposed by a
lawful document, ceases on the expiry of the authority of the person who issued
it.
Can. 59 §1 A rescript is an
administrative act issued in writing by a competent authority, by which of its
very nature a privilege, dispensation or other favour is granted at someone’s
request.
§2 Unless it is otherwise established, provisions laid
down concerning rescripts apply also to the granting of permission and to the
granting of favours by word of mouth.
Can. 60 Any rescript can be obtained by all who are
not expressly prohibited.
Can. 61 Unless it is otherwise established, a
rescript can be obtained for another, even without that person’s consent, and
it is valid before its acceptance, without prejudice to contrary clauses.
Can. 62 A rescript in which there is
no executor, has effect from the moment the document was issued; the others
have effect from the moment of execution.
Can. 63 §1 Except where there is
question of a rescript which grants a favour Motu proprio, subreption, that is, the withholding of the truth,
renders a rescript invalid if the request does not express that which,
according to canonical law, style and practice, must for validity be expressed.
§2 Obreption, that is, the making of a false
statement, renders a rescript invalid if not even one of the motivating reasons
submitted is true.
§3 In rescripts of which there is no executor, the
motivating reason must be true at the time the rescript is issued; in the
others, at the time of execution.
Can. 64 Without prejudice to the right of the
Penitentiary for the internal forum, a favour refused by any department of the
Roman Curia cannot validly be granted by another department of the same Curia,
or by any other competent authority below the Roman Pontiff, without the
approval of the department which was first approached.
Can. 65 §1 Without prejudice to the
provisions of §§2 and 3, no one is to seek from another Ordinary a favour which
was refused by that person’s proper Ordinary, unless mention is made of the
refusal. When the refusal is mentioned, the Ordinary is not to grant the favour
unless he has learned from the former Ordinary the reasons for the refusal.
§2 A favour refused by a Vicar general or an episcopal
Vicar cannot be validly granted by another Vicar of the same Bishop, even when
he has learned from the Vicar who refused the reasons for the refusal.
§3 A favour refused by a Vicar general or an episcopal
Vicar and later, without any mention being made of this refusal, obtained from
the diocesan Bishop, is invalid. A favour refused by the diocesan Bishop
cannot, without the Bishop’s consent, validly be obtained from his Vicar
general or episcopal Vicar, even though mention is made of the refusal.
Can. 66 A rescript is not rendered invalid because
of an error in the name of the person to whom it is given or by whom it is
issued, or of the place in which such person resides, or of the matter
concerned, provided that in the judgement of the Ordinary there is no doubt
about the person or the matter in question.
Can. 67 §1 If it should happen that
two contrary rescripts are obtained for one and the same thing, where specific
matters are expressed, the specific prevails over the general.
§2 If both are equally specific or equally general,
the one earlier in time prevails over the later, unless in the later one there
is an express mention of the earlier, or unless the person who first obtained
the rescript has not used it by reason of deceit or of notable personal
negligence.
§3 In doubt as to whether a rescript is invalid or
not, recourse is to be made to the issuing authority.
Can. 68 A rescript of the Apostolic See in which
there is no executor must be presented to the Ordinary of the person who
obtains it only when this is prescribed in the rescript, or when there is
question of public affairs, or when it is necessary to have the conditions
verified.
Can. 69 A rescript for whose presentation no time is
determined, may be submitted to the executor at any time, provided there is no
fraud or deceit.
Can. 70 If in a rescript the very granting of the
favour is entrusted to the executor, it is a matter for the executor’s prudent
judgement and conscience to grant or to refuse the favour.
Can. 71 No one is obliged to use a rescript granted
in his or her favour only, unless bound by a canonical obligation from another
source to do so.
Can. 72 Rescripts granted by the Apostolic See which
have expired, can for a just reason be extended by the diocesan Bishop, but
once only and not beyond three months.
Can. 73 No rescripts are revoked by
a contrary law, unless it is otherwise provided in the law itself.
Can. 74 Although one who has been granted a favour
orally may use it in the internal forum, that person is obliged to prove the
favour for the external forum whenever this is lawfully requested.
Can. 75 If a rescript contains a privilege or a
dispensation, the provision of the following canons are also to be observed.
Can. 76 §1 A privilege is a favour
given by a special act for the benefit of certain persons, physical or
juridical; it can be granted by the legislator, and by an executive authority
to whom the legislator has given this power.
§2 Centennial or immemorial possession of a privilege
gives rise to the presumption that it has been granted.
Can. 77 A privilege is to be interpreted in
accordance with can. 36 §1. The interpretation must, however, always be such
that the beneficiaries of the privilege do in fact receive some favour.
Can. 78 §1 A privilege is presumed to
be perpetual, unless the contrary is proved.
§2 A personal privilege, namely one which attaches to
a person, is extinguished with the person.
§3 A real privilege ceases on the total destruction of
the thing or place; a local privilege, however, revives if the place is
restored within fifty years.
Can. 79 Without prejudice to can. 46, a privilege
ceases by revocation on the part of the competent authority in accordance with
can. 47.
Can. 80 §1 No privilege ceases by
renunciation unless this has been accepted by the competent authority.
§2 Any physical person may renounce a privilege
granted in his or her favour only.
§3 Individual persons cannot renounce a privilege
granted to a juridical person, or granted by reason of the dignity of a place
or thing. Nor can a juridical person renounce a privilege granted to it, if the
renunciation would be prejudicial to the Church or to others.
Can. 81 A privilege is not extinguished on the
expiry of the authority of the person who granted it, unless it was given with
the clause ‘at our pleasure’ or another equivalent expression.
Can. 82 A privilege which does not burden others
does not lapse through non‑use or contrary use; if it does cause an
inconvenience for others, it is lost if lawful prescription intervenes.
Can. 83 §1 Without prejudice to can.
142 §2, a privilege ceases on the expiry of the time or the completion of the
number of cases for which it was granted.
§2 It ceases also if in the judgement of the competent
authority circumstances are so changed with the passage of time that it has
become harmful, or that its use becomes unlawful.
Can. 84 A person who abuses a power given by a
privilege deserves to be deprived of the privilege itself. Accordingly, after a
warning which has been in vain, the Ordinary, if it was he who granted it, is
to deprive the person of the privilege which he or she is gravely abusing; if
the privilege has been granted by the Apostolic See, the Ordinary is obliged to
make the matter known to it.
Can. 85 A dispensation, that is, the relaxation of a
merely ecclesiastical law in a particular case, can be granted, within the
limits of their competence, by those who have executive power, and by those who
either explicitly or implicitly have the power of dispensing, whether by virtue
of the law itself or by lawful delegation.
Can. 86 In so far as laws define those elements
which are essentially constitutive of institutes or of juridical acts, they are
not subject to dispensation.
Can. 87 §1 Whenever he judges that it contributes to their spiritual welfare, the diocesan Bishop can dispense the faithful from disciplinary laws, both universal laws and those particular laws made by the supreme ecclesiastical authority for his territory or his subjects. He cannot dispense from procedural laws or from penal laws, nor from those whose dispensation is specially reserved to the Apostolic See or to some other authority.
[See Authentic Interpretation of canon 87
§1, 5.VII.1985
concerning dispensation from canonical form for the marriage of two Catholics; Authentic Interpretation of canon
767 §1, 20.VI.1987
concerning dispensation from the reservation of the homily to a priest or
deacon]
§2 If recourse to the Holy See is difficult, and at
the same time there is danger of grave harm in delay, any Ordinary can dispense
from these laws, even if the dispensation is reserved to the Holy See, provided
the dispensation is one which the Holy See customarily grants in the same
circumstances, and without prejudice to can. 291.
Can. 88 The local Ordinary can dispense from
diocesan laws and, whenever he judges that it contributes to the spiritual
welfare of the faithful, from laws made by a plenary or a provincial Council or
by the Episcopal Conference.
Can. 89 Parish priests and other priests or deacons
cannot dispense from universal or particular law unless this power is expressly
granted to them.
Can. 90 §1 A dispensation from an
ecclesiastical law is not to be given without a just and reasonable cause,
taking into account the circumstances of the case and the importance of the law
from which the dispensation is given; otherwise the dispensation is unlawful
and, unless given by the legislator or his superior, it is also invalid.
§2 A dispensation given in doubt about the sufficiency
of its reason is valid and lawful.
Can. 91 In respect of their subjects, even if these
are outside the territory, those who have the power of dispensing can exercise
it even if they themselves are outside their territory; unless the contrary is
expressly provided, they can exercise it also in respect of peregrini actually present in the
territory; they can exercise it too in respect of themselves.
Can. 92 A strict interpretation is to be given not
only to a dispensation in accordance with can. 36 §1, but also to the very
power of dispensing granted for a specific case.
Can. 93 A dispensation capable of successive
applications ceases in the same way as a privilege. It also ceases by the
certain and complete cessation of the motivating reason.
Can. 94 §1 Statutes properly so called
are regulations which are established in accordance with the law in aggregates
of persons or of things, whereby the purpose, constitution, governance and
manner of acting of these bodies are defined.
§2 The statutes of an aggregate of persons bind
only those persons who are lawfully members of it; the statutes of an aggregate
of things bind those who direct it.
§3 The provisions of statutes which are established
and promulgated by virtue of legislative power, are regulated by the provisions
of the canons concerning laws.
Can. 95 §1 Ordinances are rules or
norms to be observed both in assemblies of persons, whether these assemblies
are convened by ecclesiastical authority or are freely convoked by the
faithful, and in other celebrations: they define those matters which concern
their constitution, direction and agenda.
§2 In assemblies or celebrations, those who take part
are bound by these rules of ordinance.
Can. 96 By baptism one is incorporated into the
Church of Christ and constituted a person in it, with the duties and the rights
which, in accordance with each one’s status, are proper to Christians, in so
far as they are in ecclesiastical communion and unless a lawfully issued
sanction intervenes.
Can. 97 §1 A person who has completed
the eighteenth year of age, has attained majority; below this age, a person is
a minor.
§2 A minor who has not completed the seventh year of
age is called an infant and is considered incapable of personal responsibility;
on completion of the seventh year, however, the minor is presumed to have the
use of reason.
Can. 98 §1 A person who has attained
majority has the full exercise of his or her rights.
§2 In the exercise of rights a minor remains subject
to parents or guardians, except for those matters in which by divine or by
canon law minors are exempt from such authority. In regard to the appointment
of guardians and the determination of their powers, the provisions of civil law
are to be observed, unless it is otherwise provided in canon law or unless, in
specific cases and for a just reason, the diocesan Bishop has decided that the
matter is to be catered for by the appointment of another guardian.
Can. 99 Whoever habitually lacks the use of reason
is considered as incapable of personal responsibility and is regarded as an
infant.
Can. 100 A person is said to be: an incola, in the place where he or she has
a domicile; an advena, in the place
of quasi‑domicile; a peregrinus,
if away from the domicile or quasi‑domicile which is still retained; a vagus, if the person has nowhere a
domicile or quasi‑domicile.
Can. 101 §1 The place of origin of a
child, and even of a neophyte, is that in which the parents had a domicile or,
lacking that, a quasi‑domicile when the child was born; if the parents
did not have the same domicile or quasi‑domicile, it is that of the
mother.
§2 In the case of a child of vagi, the place of origin is the actual place of birth; in the case
of a foundling, it is the place where it was found.
Can. 102 §1 Domicile is acquired by
residence in the territory of a parish, or at least of a diocese, which is
either linked to the intention of remaining there permanently if nothing should
occasion its withdrawal, or in fact protracted for a full five years.
§2 Quasi‑domicile is acquired by residence in
the territory of a parish, or at least of a diocese, which is either linked to
the intention of remaining there for three months if nothing should occasion
its withdrawal, or in fact protracted for three months.
§3 Domicile or quasi‑domicile in the territory
of a parish is called parochial; in the territory of a diocese, even if not in
a parish, it is called diocesan.
Can. 103 Members of religious
institutes and of societies of apostolic life acquire a domicile in the place
where the house to which they belong is situated. They acquire a quasi‑domicile
in the house in which, in accordance with can. 102 §2, they reside.
Can. 104 Spouses are to have a
common domicile or quasi‑domicile. By reason of lawful separation or for
some other just reason, each may have his or her own domicile or quasi‑domicile.
Can. 105 §1 A minor necessarily retains
the domicile or quasi‑domicile of the person to whose authority the minor
is subject. A minor who is no longer an infant can acquire a quasi‑domicile
of his or her own and, if lawfully emancipated in accordance with the civil
law, a domicile also.
§2 One who for a reason other than minority is
lawfully entrusted to the guardianship or tutelage of another, has the domicile
and quasidomicile of the guardian or curator.
Can. 106 Domicile or quasi‑domicile
is lost by departure from the place with the intention of not returning,
without prejudice to the provisions of can. 105.
Can. 107 §1 Both through domicile and
through quasi‑domicile everyone acquires his or her own parish priest and
Ordinary.
§2 The proper parish priest or Ordinary of a vagus is the parish priest or Ordinary
of the place where the vagus is
actually residing.
§3 The proper
parish priest of one who has only a diocesan domicile or quasi‑domicile
is the parish priest of the place where that person is actually residing.
[On the verifying of domicile and quasi-domicile, see Instruction Dignitas Connubii, 25.I.2005, art. 11]
Can. 108 §1 Consanguinity is reckoned
by lines and degrees.
§2 In the direct line there are as many degrees as
there are generations, that is, as there are persons, not counting the common
ancestor.
§3 In the collateral line there are as many degrees as
there are persons in both lines together, not counting the common ancestor.
Can. 109 §1 Affinity arises from a
valid marriage, even if not consummated, and it exists between the man and the
blood relations of the woman, and likewise between the woman and the blood
relations of the man.
§2 It is reckoned in such a way that the blood
relations of the man are related by affinity to the woman in the same line and
the same degree, and vice versa.
Can. 110 Children who have been
adopted in accordance with the civil law are considered the children of that
person or those persons who have adopted them.
Can. 111 §1 Through the reception of baptism a child is ascribed to the Latin Church if the parents belong to that Church or, should one of them not belong to it, if both parents agree in choosing that the child be baptised in the Latin Church; but, if the agreement is lacking, the child is ascribed to the Church ‘sui iuris’, to which the father belongs.
§2 However, if only one parent is Catholic, the child is ascribed to the Church to which the Catholic parent belongs.
§3 Any candidate for baptism who has completed the fourteenth year of age may freely choose to be baptised either in the Latin Church or in another Church ‘sui iuris’; in which case the person is ascribed to the Church which he or she has chosen.
[Revised wording according to m.p. De concordia inter Codices,
31.V.2016]
Can. 112 §1 After the reception of
baptism, the following are enrolled in another Church sui iuris:
1° one who has obtained permission from the Apostolic
See;
[Such permission is presumed for Latin-rite faithful wishing to join an
Eastern-rite eparchy which is in the same territory, if the two bishops consent
in writing: see Secretariat of State, Rescript “ex audientia Ss.mi”,
26.XI.1992; however,
this does not apply to a transfer to the Latin Church]
2° a spouse who, on entering marriage or during its
course, has declared that he or she is transferring to the Church ‘sui iuris’
of the other spouse; on the dissolution of the marriage, however, that person
may freely return to the Latin Church;
3° the children of those mentioned in nn. 1 and 2 who
have not completed their fourteenth year, and likewise in a mixed marriage the
children of a Catholic party who has lawfully transferred to another Church ‘sui
iuris’; on completion of their fourteenth year, however, they may return to the
Latin Church.
§2 The practice, however long standing, of receiving
the sacraments according to the rite of another Church ‘sui iuris’, does not
bring with it membership of that Church.
§3 Each transfer to another Church ‘sui iuris’ is valid from the moment of the declaration made in the presence of the local ordinary of the said Church or of its pastor or of the priest delegated by one of them and of two witnesses, unless a rescript of the Apostolic See disposes otherwise; and is noted in the baptismal register.
[Revised wording according to m.p. De concordia inter Codices, 31.V.2016]
Can. 113 §1 The Catholic Church and the
Apostolic See have the status of a moral person by divine disposition.
§2 In the Church, besides physical persons, there are
also juridical persons, that is, in canon law subjects of obligations and
rights which accord with their nature.
Can. 114 §1 Aggregates of persons or of
things which are directed to a purpose befitting the Church’s mission, which
transcends the purpose of the individuals, are constituted juridical persons
either by a provision of the law itself or by a special concession given in the
form of a decree by the competent authority.
§2 The purposes indicated in §1 are understood to be
those which concern works of piety, of the apostolate or of charity, whether
spiritual or temporal.
§3 The competent ecclesiastical authority is not to
confer juridical personality except on those aggregates of persons or of things
which aim at a genuinely useful purpose and which, all things considered, have
the means which are foreseen to be sufficient to achieve the purpose in view.
Can. 115 §1 Juridical persons in the
Church are either aggregates of persons or aggregates of things.
§2 An aggregate of persons, which must be made up of
at least three persons, is collegial if the members decide its conduct by
participating together in making its decisions, whether by equal right or not,
in accordance with the law and the statutes; otherwise, it is non‑collegial.
§3 An aggregate of things, or an autonomous
foundation, consists of goods or things, whether spiritual or material, and is
directed, in accordance with the law and the statutes, by one or more physical
persons or by a college.
Can. 116 §1 Public juridical persons
are aggregates of persons or of things which are established by the competent
ecclesiastical authority so that, within the limits allotted to them in the
name of the Church, and in accordance with the provisions of law, they might
fulfil the specific task entrusted to them for the public good. Other juridical
persons are private.
§2 Public juridical persons are given this personality
either by the law itself or by a special decree of the competent authority
expressly granting it. Private juridical persons are given this personality
only by a special decree of the competent authority expressly granting it.
Can. 117 No aggregate of persons or
of things seeking juridical personality can acquire it unless its statutes are
approved by the competent authority.
Can. 118 Those persons represent,
and act in the name of, a public juridical person whose competence to do so is
acknowledged by universal or particular law, or by their own statutes; those
persons represent a private juridical person who are given this competence by
their statutes.
Can. 119 In regard to collegial
acts, unless the law or the statutes provide otherwise:
1° in regard to elections, provided a majority of those who must be summoned are present, what is decided by an absolute majority of those present has the force of law. If there have been two inconclusive scrutinies, a vote is to be taken between the two candidates with the greatest number of votes or, if there are more than two, between the two senior by age. After a third inconclusive scrutiny, that person is deemed elected who is senior by age;
[A relative majority suffices for the third scrutiny: see Authentic Interpretation of canon
119 1º, 28.VI.1990]
2° in regard to other matters, provided a majority of
those who must be summoned are present, what is decided by an absolute majority
of those present has the force of law. If the votes are equal after two
scrutinies, the person presiding can break the tie with a casting vote;
3° that which affects all as individuals must be
approved by all.
Can. 120 §1 A juridical person is by
its nature perpetual. It ceases to exist, however, if it is lawfully suppressed
by the competent authority, or if it has been inactive for a hundred years. A
private juridical person also ceases to exist if the association itself is
dissolved in accordance with the statutes, or if, in the judgement of the
competent authority, the foundation itself has, in accordance with the
statutes, ceased to exist.
§2 If even a single member of a collegial juridical
person survives, and the aggregate of persons has not, according to the
statutes, ceased to exist, the exercise of all the rights of the aggregate
devolves upon that member.
Can. 121 When aggregates of persons
or of things which are public juridical persons are so amalgamated that one
aggregate, itself with a juridical personality, is formed, this new juridical
person obtains the patrimonial goods and rights which belonged to the previous
aggregates; it also accepts the liabilities of the previous aggregates. In what
concerns particularly the arrangements for the goods and the discharge of
obligations, the wishes of the founders and benefactors, and any acquired
rights must be safeguarded.
Can. 122 When an aggregate which is
a public juridical person is divided in such a way that part of it is joined to
another juridical person or a distinct public juridical person is established
from one part of it, the first obligation is to observe the wishes of the
founders and benefactors, the demands of acquired rights and the requirements
of the approved statutes. Then the competent ecclesiastical authority, either
personally or through an executor, is to ensure:
1° that the divisible common patrimonial goods and
rights, the monies owed and the other liabilities, are divided between the
juridical persons in question in due proportion, in a fashion which is
equitable and right, taking account of all the circumstances and needs of both;
2° that the use and enjoyment of the common goods
which cannot be divided, be given to each juridical person, and also that the
liabilities which are proper to each are the responsibility of each, in due
proportion, in a fashion which is equitable and right.
Can. 123 On the extinction of a
public juridical person, the arrangements for its patrimonial goods and rights,
and for its liabilities, are determined by law and the statutes. If these do
not deal with the matter, the arrangements devolve upon the next higher juridical
person, always with due regard for the wishes of the founders or benefactors
and for acquired rights. On the extinction of a private juridical person, the
arrangements for its goods and liabilities are governed by its own statutes.
Can. 124 §1 For the validity of a
juridical act, it is required that it be performed by a person who is legally
capable, and it must contain those elements which constitute the essence of the
act, as well as the formalities and requirements which the law prescribes for
the validity of the act.
§2 A juridical act which, as far as its external
elements are concerned, is properly performed, is presumed to be valid.
Can. 125 §1 An act is invalid if
performed as a result of force imposed from outside on a person who was quite
unable to resist it.
§2 An act performed as a result of fear which is grave
and unjustly inflicted, or as a result of deceit, is valid, unless the law
provides otherwise. However, it can be rescinded by a court judgement, either
at the instance of the injured party or that party’s successors in law, or ex
officio.
Can. 126 An act is invalid when
performed as a result of ignorance or of error which concerns the substance of
the act, or which amounts to a condition sine qua non; otherwise it is valid,
unless the law provides differently. But an act done as a result of ignorance
or error can give rise to a rescinding action in accordance with the law.
Can. 127 §1 When the law prescribes that, in order to perform a juridical act, a Superior requires the consent or the advice of some college or group of persons, the college or group must be convened in accordance with can. 166, unless, if there is question of seeking advice only, particular or proper law provides otherwise. For the validity of the act, it is required that the consent be obtained of an absolute majority of those present, or that the advice of all be sought.
[The superior does not have the right to vote, even to break a tie: see Authentic Interpretation of canon
127 §1, 5.VII.1985]
§2 When the law prescribes that, in order to perform a
juridical act, a Superior requires the consent or advice of certain persons as
individuals:
1° if consent is required, the Superior’s act is
invalid if the Superior does not seek the consent of those persons, or acts
against the vote of all or of any of them;
2° if advice is
required, the Superior’s act is invalid if the Superior does not hear those
persons. The Superior is not in any way bound to accept their vote, even if it
is unanimous; nevertheless, without what is, in his or her judgement, an
overriding reason, the Superior is not to act against their vote, especially if
it is a unanimous one.
[See the Final Document of the XVI Ordinary General Assembly of the Synod of Bishops, 24.XI.2024, no. 91]
§3 All whose consent or advice is required are obliged
to give their opinions sincerely. If the seriousness of the matter requires it,
they are obliged carefully to maintain secrecy, and the Superior can insist on
this obligation.
Can. 128 Whoever unlawfully causes
harm to another by a juridical act, or indeed by any other act which is
deceitful or culpable, is obliged to repair the damage done.
[The Lex propria of the
Apostolic Signatura introduces a procedure for obtaining damages for wrongful
decisions of ecclesiastical authorities: see m.p. Antiqua ordinatione, 11.VI.2008, arts. 101-103]
Can. 129 §1 Those who are in sacred
orders are, in accordance with the provisions of law, capable of the power of
governance, which belongs to the Church by divine institution. This power is
also called the power of jurisdiction.
§2 Lay members of Christ’s faithful can cooperate in
the exercise of this same power in accordance with the law.
Can. 130 Of itself the power of
governance is exercised for the external forum; sometimes however it is
exercised for the internal forum only, but in such a way that the effects which
its exercise is designed to have in the external forum are not acknowledged in
that forum, except in so far as the law prescribes this for determinate cases.
Can. 131 §1 Ordinary power of
governance is that which by virtue of the law itself is attached to a given
office; delegated power is that which is granted to a person other than through
an office.
§2 Ordinary power of governance may be proper or
vicarious.
§3 One who claims to have been delegated has the onus
of proving the delegation.
Can. 132 §1 Habitual faculties are
governed by the provisions concerning delegated power.
§2 However, unless the grant has expressly provided
otherwise, or the Ordinary was deliberately chosen as the only one to exercise
the faculty, an habitual faculty granted to an Ordinary does not lapse on the
expiry of the authority of the Ordinary to whom it was given, even if he has
already begun to exercise the faculty, but it passes to the Ordinary who
succeeds him in governance.
Can. 133 §1 A delegate who exceeds the
limits of the mandate, with regard either to things or to persons, performs no
act at all.
§2 A delegate is not considered to have exceeded the
mandate when what was delegated is carried out, but in a manner different to
that determined in the mandate, unless the manner was prescribed for validity
by the delegating authority.
Can. 134 §1 In law the term Ordinary
means, apart from the Roman Pontiff, diocesan Bishops and all who, even for a
time only, are set over a particular Church or a community equivalent to it in
accordance with can. 368, and those who in these have general ordinary executive
power, that is, Vicars general and episcopal Vicars; likewise, for their own
members, it means the major Superiors of clerical religious institutes of
pontifical right and of clerical societies of apostolic life of pontifical
right, who have at least ordinary executive power.
§2 The term local Ordinary means all those enumerated
in §1, except Superiors of religious institutes and of societies of apostolic
life.
§3 Whatever in the canons, in the context of executive
power, is attributed to the diocesan Bishop, is understood to belong only to
the diocesan Bishop and to those others in can. 381 §2 who are equivalent to
him, to the exclusion of the Vicar general and the episcopal Vicar except by
special mandate.
Can. 135 §1 The power of governance is
divided into legislative, executive and judicial power.
§2 Legislative power is to be exercised in the manner
prescribed by law; that which in the Church a legislator lower than the supreme
authority has cannot be delegated, unless the law explicitly provides
otherwise. A lower legislator cannot validly make a law which is contrary to
that of a higher legislator.
[Praedicate Evangelium, 19.III.2022, art. 30,
states that a curial institution cannot issue laws or general decrees having
the force of law, nor can it derogate from the prescriptions of the current
universal law, except in individual and particular cases, and with the approval
of the Roman Pontiff in forma specifica]
§3 Judicial power, which is possessed by judges and
judicial colleges, is to be exercised in the manner prescribed by law, and it
cannot be delegated except for the performance of acts preparatory to some
decree or judgement.
[Dignitas connubii, art. 32 §2, states that judicial power is to be exercised in one’s
proper territory, except in the case of can. 1469 §1]
§4 As far as the exercise of executive power is
concerned, the provisions of the following canons are to be observed.
Can. 136 Persons may exercise
executive power over their subjects, even when either they themselves or their
subjects are outside the territory, unless it is otherwise clear from the
nature of things or from the provisions of law. They can exercise this power over
peregrini who are actually living in
the territory, if it is a question of granting favours, or of executing
universal or particular laws by which the peregrini
are bound in accordance with can. 13 §2, n. 2.
Can. 137 §1 Ordinary executive power
can be delegated either for an individual case or for all cases, unless the law
expressly provides otherwise.
§2 Executive power delegated by the Apostolic See can
be subdelegated, either for an individual case or for all cases, unless the
delegation was deliberately given to the individual alone, or unless
subdelegation was expressly prohibited.
§3 Executive power delegated by another authority
having ordinary power, if delegated for all cases, can be subdelegated only for
individual cases; if delegated for a determinate act or acts, it cannot be
subdelegated, except by the express grant of the person delegating.
§4 No subdelegated power can again be subdelegated,
unless this was expressly granted by the person delegating.
Can. 138 Ordinary executive power,
and power delegated for all cases, are to be interpreted widely; any other
power is to be interpreted strictly. Delegation of power to a person is
understood to include everything necessary for the exercise of that power.
Can. 139 §1 Unless the law prescribes
otherwise, the tact that a person approaches some competent authority, even a
higher one, does not mean that the executive power of another competent
authority is suspended, whether that be ordinary or delegated.
§2 A lower authority, however, is not to interfere in
cases referred to higher authority, except for a grave and urgent reason; in
which case the higher authority is to be notified immediately.
Can. 140 §1 When several people are
together delegated to act in the same matter, the person who has begun to deal
with it excludes the others from acting, unless that person is subsequently
impeded, or does not wish to proceed further with the matter.
§2 When several people are delegated to act as a
college in a certain matter, all must proceed in accordance with can. 119,
unless the mandate provides otherwise.
§3 Executive power delegated to several people is
presumed to be delegated to them together.
Can. 141 If several people are
successively delegated, that person is to deal with the matter whose mandate
was the earlier and was not subsequently revoked.
Can. 142 §1 Delegated power lapses: on
the completion of the mandate; on the expiry of the time or the completion of
the number of cases for which it was granted; on the cessation of the
motivating reason for the delegation; on its revocation by the person delegating,
when communicated directly to the person delegated; and on the retirement of
the person delegated, when communicated to and accepted by the person
delegating. It does not lapse on the expiry of the authority of the person
delegating, unless this appears from clauses attached to it.
§2 An act of delegated power exercised for the
internal forum only, which is inadvertently performed after the time limit of
the delegation, is valid.
Can. 143 §1 Ordinary power ceases on
the loss of the office to which it is attached.
§2 Unless the law provides otherwise, ordinary power
is suspended if an appeal or a recourse is lawfully made against a deprivation
of, or removal from, office.
Can. 144 §1 In common error, whether of
fact or of law, and in positive and probable doubt, whether of law or of fact,
the Church supplies executive power of governance for both the external and the
internal forum.
§2 The same norm applies to the faculties mentioned in
cann. 883, 966, and 1111 §1.
Can. 145 §1 An ecclesiastical office is
any post which by divine or ecclesiastical disposition is established in a
stable manner to further a spiritual purpose.
§2 The duties and rights proper to each ecclesiastical
office are defined either by the law whereby the office is established, or by a
decree of the competent authority whereby it is at one and at the same time
established and conferred.
Can. 146 An ecclesiastical office
cannot be validly obtained without canonical provision.
Can. 147 The provision of an
ecclesiastical office is effected: by its being freely conferred by the
competent ecclesiastical authority; by appointment made by the same authority,
where there has been a prior presentation; by confirmation or admission by the
same authority, where there has been a prior election or postulation; finally,
by a simple election and acceptance of the election, if the election does not
require confirmation.
Can. 148 Unless the law provides
otherwise, the provision of an office is the prerogative of the authority which
is competent to establish, change or suppress the office.
Can. 149 §1 In order to be promoted to
an ecclesiastical office, one must be in communion with the Church, and be
suitable, that is, possessed of those qualities which are required for that
office by universal or particular law or by the law of the foundation.
§2 The provision of an ecclesiastical office to a
person who lacks the requisite qualities is invalid only if the qualities are
expressly required for validity by universal or particular law or by the law of
the foundation; otherwise it is valid, but it can be rescinded by a decree of
the competent authority or by a judgement of an administrative tribunal.
§3 The provision of an office made as a result of
simony, is invalid by virtue of the law itself.
Can. 150 An office which carries
with it the full care of souls, for which the exercise of the order of
priesthood is required, cannot validly be conferred upon a person who is not
yet a priest.
Can. 151 The provision of an office
which carries with it the care of souls is not to be deferred without grave
reason.
Can. 152 Two or more offices which
are incompatible, that is, which cannot be exercised at the same time by the
same person, are not to be conferred upon anyone.
Can. 153 §1 The provision of an office
which in law is not vacant is by that very fact invalid, nor does it become
valid by subsequent vacancy.
§2 If, however, there is question of an office which
by law is conferred for a determinate time, provision can be made within six
months before the expiry of this time, and it takes effect from the day the
office falls vacant.
§3 The promise of any office, by whomsoever it is
made, has no juridical effect.
Can. 154 An office which in law is
vacant, but which someone unlawfully still holds, may be conferred, provided
that it has been properly declared that such possession is not lawful, and that
mention is made of this declaration in the letter of conferral.
Can. 155 One who confers an office
in the place of another who is negligent or impeded, does not thereby acquire
any power over the person on whom the office is conferred; the juridical
condition of the latter is the same as if the provision of the office had been
carried out in accordance with the ordinary norm of law.
Can. 156 The provision of any office
is to be made in writing.
Can. 157 Unless the law expressly
states otherwise, it is the prerogative of the diocesan Bishop to make
appointments to ecclesiastical offices in his own particular Church by free
conferral.
Can. 158 §1 Presentation to an
ecclesiastical office by a person having the right of presentation must be made
to the authority who is competent to make an appointment to the office in
question; unless it is otherwise lawfully provided, presentation is to be made
within three months of receiving notification of the vacancy of the office.
§2 If the right of presentation belongs to a college
or group of persons, the person to be presented is to be designated according
to the provisions of cann. 165‑179.
Can. 159 No one is to be presented
who is unwilling. Accordingly, one who is proposed for presentation must be
consulted, and may be presented if within eight canonical days a refusal is not
entered.
Can. 160 §1 One who has the right of
presentation may present one or more persons, either simultaneously or
successively.
§2 No persons may present themselves. However a
college or a group of persons may present one of its members.
Can. 161 §1 Unless the law prescribes
otherwise, one who has presented a person who is judged unsuitable, may within
a month present another candidate, but once only.
§2 If before the appointment is made the person
presented has withdrawn or has died, the one with the right of presentation may
exercise this right again, within a month of receiving notice of the withdrawal
or of the death.
Can. 162 A person who has not
presented anyone within the canonical time prescribed by can. 158 §1 and can.
161, or who has twice presented a candidate judged to be unsuitable, loses the
right of presentation for that case. The authority who is competent to appoint
may then freely provide for the vacant office, but with the consent of the
proper Ordinary of the person appointed.
Can. 163 The authority to whom, in
accordance with the law, it belongs to appoint one who is presented, is to
appoint the person lawfully presented whom he has judged suitable, and who has
accepted. If a number lawfully presented are judged suitable, he is to appoint
one of them.
Can. 164 Unless it has been
otherwise provided in the law, the provisions of the following canons are to be
observed in canonical elections.
Can. 165 Unless it is otherwise
provided in the law or in the statutes of the college or group, if a college or
a group of persons enjoys the right to elect to an office, the election is not
to be deferred beyond three canonical months, to be reckoned from the receipt
of notification of the vacancy of the office. If the election does not take
place within that time, the ecclesiastical authority who has the right of
confirming the election or the right to make provision otherwise, is freely to
provide for the vacant office.
Can. 166 §1 The one who presides over
the college or group is to summon all those who belong to the college or group.
When it has to be personal, the summons is valid if it is made in the place of
domicile or quasi‑domicile or in the place of residence.
§2 If someone who should have been summoned was
overlooked and was therefore absent, the election is valid. However, if that
person insists and gives proof of being overlooked and of absence, the
election, even if confirmed, must be rescinded by the competent authority,
provided it is juridically established that the recourse was submitted within
no more than three days of having received notification of the election.
§3 If more than one third of the voters were
overlooked, the election is invalid by virtue of the law itself, unless all
those overlooked were in fact present.
Can. 167 §1 When the summons has been
lawfully made, those who are present on the day and in the place specified in
the summons have the right to vote. Unless it is otherwise lawfully provided in
the statutes, votes cast by letter or by proxy cannot be admitted.
§2 If an elector is present in the building in
which the election is being held, but because of infirmity is unable to be
present at the election, a written vote is to be sought from that person by the
scrutineers.
Can. 168 Even if someone has a right
to vote in his or her own name by reason of a number of titles, that person may
cast only one vote.
Can. 169 In order that an election
be valid, no one may be allowed to vote who does not belong to the college or
group.
Can. 170 If the freedom
of an election has in any way been in fact impeded, the election is invalid by
virtue of the law itself.
[See the offence specified in can. 1372, 2°]
Can. 171 §1 The following are legally
incapable of casting a vote:
1° one incapable of a human act;
2° one lacking active voice;
3° one who is excommunicated, whether by judgement of
a court or by a decree whereby this penalty is imposed or declared;
4° one who notoriously defected from communion with
the Church.
§2 If any of the above persons is admitted, the vote
cast is invalid. The election, however, is valid, unless it is established
that, without this vote, the person elected would not have gained the requisite
number of votes.
Can. 172 §1 For a vote to be valid, it
must be:
1° free; a vote is therefore invalid if, through grave
fear or deceit, someone was directly or indirectly made to choose a certain
person or several persons separately;
2° secret, certain, absolute and determinate.
§2 Conditions attached to a vote before an election
are to be considered non‑existent.
Can. 173 §1 Before an election begins,
at least two scrutineers are to be appointed from among the college or group.
§2 The scrutineers are to collect the votes and, in
the presence of the one who presides at the election, to check whether the
number of votes corresponds to the number of electors; they are then to examine
the votes and to announce how many each person has received.
§3 If the number of votes exceeds the number of
electors, the act is null.
§4 All the proceedings of an election are to be
accurately recorded by the one who acts as notary. They are to be signed at
least by that notary, by the person who presides and by the scrutineers, and
they are to be carefully preserved in the archive of the college.
Can. 174 §1 Unless the law or the
statutes provide otherwise, an election can be made by compromise, that is the
electors by unanimous and written consent transfer the right of election for
this occasion to one or more suitable persons, whether they belong to the college
or are outside it, who in virtue of this authority are to elect in the name of
all.
§2 If the college or group consists solely of clerics,
the persons to whom the power of election is transferred must be in sacred
orders; otherwise the election is invalid.
§3 Those to whom the power of election is transferred
must observe the provisions of law concerning an election and, for the validity
of the election, they must observe the conditions attached to the compromise,
unless these conditions are contrary to the law. Conditions which are contrary
to the law are to be regarded as non‑existent.
Can. 175 A compromise ceases, and
the right to vote reverts to those who transferred it, when:
1° it is revoked by the college or group before it has
been put into effect;
2° a condition attached to the compromise has not been
fulfilled;
3° the election has been held, but invalidly.
Can. 176 Unless it is otherwise
provided in the law or the statutes, the person who has received the requisite
number of votes in accordance with can. 119, n. 1, is deemed elected and is to
be proclaimed by the person who presides over the college or group.
Can. 177 §1 The election is to be
notified immediately to the person elected who must, within eight canonical
days from the receipt of notification of the election, intimate to the person
who presides over the college or group whether or not he or she accepts the election;
otherwise, the election has no effect.
§2 The person elected who has not accepted loses every
right deriving from the election, nor is any right revived by subsequent
acceptance; the person may, however, be elected again. The college or group
must proceed to a new election within a month of being notified of non‑acceptance.
Can. 178 If the election does not
require confirmation, by accepting the election the person elected immediately
obtains the office with all its rights; otherwise, he or she acquires only a
right to the office.
Can. 179 §1 If the election requires
confirmation, the person elected must, either personally or through another,
ask for confirmation by the competent authority within eight canonical days of
acceptance of the office; otherwise that person is deprived of every right,
unless he or she has established that there was just reason which prevented
confirmation being sought.
§2 The competent authority cannot refuse confirmation
if he has found the person elected suitable in accordance with can. 149 §1, and
the election has been carried out in accordance with the law.
§3 Confirmation must be given in writing.
§4 Before receiving notice of the confirmation, the
person elected may not become involved in the administration of the office,
neither in spiritual nor in material affairs; any acts possibly performed by
that person are invalid.
§5 When confirmation has been notified, the person
elected obtains full right to the office, unless the law provides otherwise.
Can. 180 §1 If a canonical impediment,
from which a dispensation is possible and customary, stands in the way of the
election of a person whom the electors judge more suitable and prefer, they
can, unless the law provides otherwise, postulate that person from the competent
authority.
§2 Those to whom the power of electing has been
transferred by compromise may not make a postulation, unless this is expressly
stated in the terms of the compromise.
Can. 181 §1 For a postulation to have
effect, at least two thirds of the votes are required.
§2 A vote for postulation must be expressed by the
term ‘I postulate’, or an equivalent. The formula ‘I elect or postulate’, or
its equivalent, is valid for election if there is no impediment; otherwise, it
is valid for postulation.
Can. 182 §1 The postulation must be
sent, within eight canonical days, by the person who presides to the authority
which is competent to confirm the election, to whom it belongs to grant the
dispensation from the impediment or, if he has not this authority, to seek the
dispensation from a superior authority. If confirmation is not required, the
postulation must be sent to the authority which is competent to grant the
dispensation.
§2 If the postulation is not forwarded within the
prescribed time, it is by that very fact invalid, and the college or group is
for that occasion deprived of the right of election or of postulation, unless
it is proved that the person presiding was prevented by a just impediment from
forwarding the postulation, or did not do so in due time because of deceit or
negligence.
§3 The person postulated does not acquire any right
from the postulation; the competent authority is not obliged to admit the
postulation.
§4 The electors may not revoke a postulation made to
the competent authority, except with the consent of that authority.
Can. 183 §1 If a postulation is not
admitted by the competent authority the right of election reverts to the
college or group.
§2 If the postulation has been admitted, this is to be
notified to the person postulated, who must reply in accordance with can. 177
§1.
§3 The person who accepts a postulation which has been
admitted immediately obtains full right to the office.
Can. 184 §1 An ecclesiastical office is
lost on the expiry of a predetermined time; on reaching the age limit defined
by law; by resignation; by transfer; by removal; by deprivation.
§2 An ecclesiastical office is not lost on the expiry,
in whatever way, of the authority of the one by whom it was conferred, unless
the law provides otherwise.
§3 The loss of an office, once it has taken effect, is
to be notified as soon as possible to those who have any right in regard to the
provision of the office.
Can. 185 The title ‘emeritus’ may be
conferred on one who loses office by reason of age, or of resignation which has
been accepted.
Can. 186 Loss of office by reason of
the expiry of a predetermined time or of reaching the age limit, has effect
only from the moment that this is communicated in writing by the competent
authority.
Can. 187 Anyone who is capable of
personal responsibility can resign from an ecclesiastical office for a just
reason.
Can. 188 A resignation which is made
as a result of grave fear unjustly inflicted, or of deceit, or of substantial
error, or of simony, is invalid by virtue of the law itself.
Can. 189 §1 For a resignation to be
valid, whether it requires acceptance or not, it must be made to the authority
which is competent to provide for the office in question, and it must be made
either in writing, or orally before two witnesses.
§2 The authority is not to accept a resignation which
is not based on a just and proportionate reason.
§3 A resignation which requires acceptance has no force unless it is accepted within three months. One which does not require acceptance takes effect when the person resigning communicates it in accordance with the law.
[The m.p. Learn to take your leave, 12.II.2018, art. 5, abrogates the three-month term in the case of
renunciation for reasons of age of the titles of some offices of pontifical
appointment (cf. can. 401)]
§4 Until a resignation takes effect, it can be revoked
by the person resigning. Once it has taken effect, it cannot be revoked, but
the person who resigned can obtain the office on the basis of another title.
Can. 190 §1 A transfer can be made only
by the person who has the right to provide both for the office which is lost
and at the same time for the office which is being conferred.
§2 A grave reason is required if a transfer is made
against the will of the holder of an office and, always without prejudice to
the right to present reasons against the transfer, the procedure prescribed by
law is to be observed.
§3 For a transfer to have effect, it must be notified
in writing.
Can. 191 §1 In the process of transfer,
the first office is vacated by the taking of canonical possession of the other
office, unless the law or the competent authority has prescribed otherwise.
§2 The person transferred receives the remuneration
attached to the previous office until the moment of obtaining canonical
possession of the other office.
Can. 192 One is removed from office
either by a decree of the competent authority lawfully issued, observing of
course the rights possibly acquired from a contract, or by virtue of the law in
accordance with can. 194.
Can. 193 §1 No one may be removed from
an office which is conferred on a person for an indeterminate time, except for
grave reasons and in accordance with the procedure defined by law.
§2 This also applies to the removal from office before
time of a person on whom an office is conferred for a determinate time, without
prejudice to can. 624 §3.
§3 When in accordance with the provisions of law an
office is conferred upon someone at the prudent discretion of the competent
authority, that person may, upon the judgement of the same authority, be
removed from the office for a just reason.
§4 For a decree of removal to be effective, it must be
notified in writing.
Can. 194 §1 The following are removed
from ecclesiastical office by virtue of the law itself:
1° one who has lost the clerical state;
2° one who has publicly defected from the Catholic
faith or from communion with the Church;
3° a cleric who has attempted marriage, even a civil
one.
§2 The removal mentioned in nn. 2 and 3 can be
insisted upon only if it is established by a declaration of the competent
authority.
Can. 195 If by a decree of the
competent authority, and not by the law itself, someone is removed from an
office on which that person’s livelihood depends, the same authority is to
ensure that the person’s livelihood is secure for an appropriate time, unless
this has been provided for in some other way.
Can. 196 §1 Deprivation of office, that
is, as a punishment for an offence, may be effected only in accordance with the
law.
§2 Deprivation takes effect in accordance with the
provisions of the canons concerning penal law.
Can. 197 Prescription, as a means of
acquiring or of losing a subjective right, or as a means of freeing oneself
from obligations, is, apart from the exceptions prescribed in the canons of
this Code, accepted by the Church in the manner in which it is adopted in the
civil legislation of each country.
Can. 198 No prescription is valid
unless it is based on good faith, not only in its beginning, but throughout the
whole time required for the prescription, without prejudice to can. 1362.
Can. 199 The following are not
affected by prescription:
1° rights and obligations which are of divine law,
whether natural or positive;
2° rights which can be obtained only by apostolic
privilege;
3° rights and obligations which bear directly on the
spiritual life of Christ’s faithful;
4° the certain and undisputed boundaries of
ecclesiastical territories;
5° Mass offerings and obligations;
6° the provision of an ecclesiastical office which, in
accordance with the law, requires the exercise of a sacred order;
7° the right of visitation and the obligation of
obedience, so that Christ’s faithful could not be visited by an ecclesiastical
authority and would no longer be subject to any authority.
Can. 200 Unless the law provides
otherwise, time is to be reckoned in accordance with the following canons.
Can. 201 §1 Continuous time means
unbroken time.
§2 Canonical time is time which a person can so use to
exercise or to pursue a right that it does not run when one is unaware, or when
one is unable to act.
Can. 202 §1 In law, a day is understood
to be a space of twenty‑four hours, to be reckoned continuously and,
unless expressly provided otherwise, it begins at midnight; a week is a space
of seven days; a month is a space of thirty days, and a year a space of three
hundred and sixty‑five days, unless it is stated that the month and the
year are to be taken as in the calendar.
§2 If time is continuous, the month and the year are
always to be taken as in the calendar.
Can. 203 §1 The first day is not to be
counted in the total, unless its beginning coincides with the beginning of the
day, or unless the law expressly provides otherwise.
§2 Unless the contrary is prescribed, the final day is
to be reckoned within the total; if the total time is one or more months, one
or more years, one or more weeks, it finishes on completion of the last day
bearing the same number or, if the month does not have the same number, on the
completion of the last day of that month
Can. 204 §1 Christ’s faithful are those
who, since they are incorporated into Christ through baptism, are constituted
the people of God. For this reason they participate in their own way in the
priestly, prophetic and kingly office of Christ. They are called, each according
to his or her particular condition, to exercise the mission which God entrusted
to the Church to fulfil in the world.
§2 This Church, established and ordered in this world
as a society, subsists in the Catholic Church, governed by the successor of
Peter and the Bishops in communion with him.
Can. 205 Those baptised are in full
communion with the Catholic Church here on earth who are joined with Christ in
his visible body, through the bonds of profession of faith, the sacraments and
ecclesiastical governance.
Can. 206 §1 Catechumens are linked with
the Church in a special way since, moved by the Holy Spirit, they are
expressing an explicit desire to be incorporated in the Church. By this very
desire, as well as by the life of faith, hope and charity which they lead, they
are joined to the Church which already cherishes them as its own.
§2 The Church has a special care for catechumens.
While it invites them to lead an evangelical life, and introduces them to the
celebration of the sacred rites, it already accords them various prerogatives
which are proper to Christians.
Can. 207 §1 By divine institution,
among Christ’s faithful there are in the Church sacred ministers, who in law
are also called clerics; the others are called lay people.
§2 Drawn from both groups are those of Christ’s
faithful who, professing the evangelical counsels through vows or other sacred
bonds recognised and approved by the Church, are consecrated to God in their
own special way and promote the salvific mission of the Church. Their state,
although it does not belong to the hierarchical structure of the Church, does
pertain to its life and holiness.
Can. 208 Flowing from their rebirth
in Christ, there is a genuine equality of dignity and action among all of
Christ’s faithful. Because of this equality they all contribute, each according
to his or her own condition and office, to the building up of the Body of
Christ.
Can. 209 §1 Christ’s faithful are bound
to preserve their communion with the Church at all times, even in their
external actions.
§2 They are to carry out with great diligence their
responsibilities towards both the universal Church and the particular Church to
which by law they belong.
Can. 210 All Christ’s faithful, each
according to his or her own condition, must make a wholehearted effort to lead
a holy life, and to promote the growth of the Church and its continual
sanctification.
Can. 211 All Christ’s faithful have
the obligation and the right to strive so that the divine message of salvation
may more and more reach all people of all times and all places.
Can. 212 §1 Christ’s faithful,
conscious of their own responsibility, are bound to show Christian obedience to
what the sacred Pastors, who represent Christ, declare as teachers of the faith
and prescribe as rulers of the Church.
§2 Christ’s faithful are at liberty to make known
their needs, especially their spiritual needs, and their wishes to the Pastors
of the Church.
§3 They have the right, indeed at times the duty, in
keeping with their knowledge, competence and position, to manifest to the
sacred Pastors their views on matters which concern the good of the Church.
They have the right also to make their views known to others of Christ’s
faithful, but in doing so they must always respect the integrity of faith and
morals, show due reverence to the Pastors and take into account both the common
good and the dignity of individuals.
Can. 213 Christ’s faithful have the
right to be assisted by their Pastors from the spiritual riches of the Church,
especially by the word of God and the sacraments.
Can. 214 Christ’s faithful have the
right to worship God according to the provisions of their own rite approved by
the lawful Pastors of the Church; they also have the right to follow their own
form of spiritual life, provided it is in accord with Church teaching.
Can. 215 Christ’s faithful may
freely establish and direct associations which serve charitable or pious
purposes or which foster the Christian vocation in the world, and they may hold
meetings to pursue these purposes by common effort.
Can. 216 Since they share the
Church’s mission, all Christ’s faithful have the right to promote and support
apostolic action, by their own initiative, undertaken according to their state
and condition. No initiative, however, can lay claim to the title ‘Catholic’
without the consent of the competent ecclesiastical authority.
[Consent is similarly required from the Holy See for the use of the
title “pontifical” and for using other elements concerning the person or office
of the Holy Father: see Secretary of State,
Declaratio ad Summi Pontificis dignitatem
tuendam, 19.XII.2009, Acta
Apostolicae Sedis, vol. 102, no. 1, p. 59]
Can. 217 Since Christ’s faithful are
called by baptism to lead a life in harmony with the gospel teaching, they have
the right to a Christian education, which genuinely teaches them to strive for
the maturity of the human person and at the same time to know and live the
mystery of salvation.
Can. 218 Those who are engaged in
fields of sacred study have a just freedom to research matters in which they
are expert and to express themselves prudently concerning them, with due
allegiance to the magisterium of the
Church.
Can. 219 All Christ’s faithful have
the right to immunity from any kind of coercion in choosing a state in life.
Can. 220 No one may unlawfully harm
the good reputation which a person enjoys, or violate the right of every person
to protect his or her privacy.
Can. 221 §1 Christ’s faithful may
lawfully vindicate and defend the rights they enjoy in the Church, before the
competent ecclesiastical forum in accordance with the law.
§2 If any members of Christ’s faithful are summoned to
trial by the competent authority, they have the right to be judged according to
the provisions of the law, to be applied with equity.
§3 Christ’s faithful have the right that no canonical
penalties be inflicted upon them except in accordance with the law.
Can. 222 §1 Christ’s faithful have the
obligation to provide for the needs of the Church, so that the Church has
available to it those things which are necessary for divine worship, for
apostolic and charitable work and for the worthy support of its ministers.
§2 They are also obliged to promote social justice
and, mindful of the Lord’s precept, to help the poor from their own resources.
Can. 223 §1 In exercising their rights,
Christ’s faithful, both individually and in associations, must take account of
the common good of the Church, as well as the rights of others and their own
duties to others.
§2 Ecclesiastical authority is entitled to regulate,
in view of the common good, the exercise of rights which are proper to Christ’s
faithful.
[See Dicastery for Legislative Texts, Explanatory Note, 8.XII.2010, which states that this norm is not to be
invoked to limit the exercise of rights in individual cases, since other
procedures exist for such purposes]
Can. 224 Lay members of Christ’s
faithful have the duties and rights enumerated in the canons of this title, in
addition to those duties and rights which are common to all Christ’s faithful
and those stated in other canons.
Can. 225 §1 Since lay people, like all
Christ’s faithful, are deputed to the apostolate by baptism and confirmation,
they are bound by the general obligation and they have the right, whether as
individuals or in associations, to strive so that the divine message of
salvation may be known and accepted by all people throughout the world. This
obligation is all the more insistent in circumstances in which only through
them are people able to hear the Gospel and to know Christ.
§2 They have also, according to the condition of each,
the special obligation to permeate and perfect the temporal order of things
with the spirit of the Gospel. In this way, particularly in conducting secular
business and exercising secular functions, they are to give witness to Christ.
Can. 226 §1 Those who are married are
bound by the special obligation, in accordance with their own vocation, to
strive for the building up of the people of God through their marriage and
family.
§2 Because they gave life to their children, parents
have the most serious obligation and the right to educate them. It is therefore
primarily the responsibility of Christian parents to ensure the Christian
education of their children in accordance with the teaching of the Church.
Can. 227 To lay members of Christ’s
faithful belongs the right to have acknowledged as theirs that freedom in
secular affairs which is common to all citizens. In using this freedom,
however, they are to ensure that their actions are permeated with the spirit of
the Gospel, and they are to heed the teaching of the Church proposed by the magisterium, but they must be on guard,
in questions of opinion, against proposing their own view as the teaching of
the Church.
Can. 228 §1 Lay people who are found to
be suitable are capable of being admitted by the sacred Pastors to those
ecclesiastical offices and functions which, in accordance with the provisions
of law, they can discharge.
§2 Lay people who are outstanding in the requisite knowledge, prudence and integrity, are capable of being experts or advisers, even in councils in accordance with the law, in order to provide assistance to the Pastors of the Church.
[See m.p. Antiquum ministerium, 10.V.2021, instituting the ministry of catechist]
Can. 229 §1 Lay people have the duty
and the right to acquire the knowledge of Christian teaching which is
appropriate to each one’s capacity and condition, so that they may be able to
live according to this teaching, to proclaim it and if necessary to defend it,
and may be capable of playing their part in the exercise of the apostolate.
§2 They also have the right to acquire that fuller
knowledge of the sacred sciences which is taught in ecclesiastical universities
or faculties or in institutes of religious sciences, attending lectures there
and acquiring academic degrees.
§3 Likewise, assuming that the provisions concerning
the requisite suitability have been observed, they are capable of receiving
from the lawful ecclesiastical authority a mandate to teach the sacred
sciences.
Can. 230 §1 Lay persons who possess the age and qualifications established by decree of the conference of bishops can be admitted on a stable basis through the prescribed liturgical rite to the ministries of lector and acolyte. Nevertheless, the conferral of these ministries does not grant them the right to obtain support or remuneration from the Church.
[Revised wording according to m.p. Spiritus Domini,
10.I.2021]
§2 Lay people can receive a temporary assignment to the role of lector in liturgical actions. Likewise, all lay people can exercise the roles of commentator, cantor or other such, in accordance with the law.
[See Authentic Interpretation of canon
230 §2, 11.VII.1992,
confirming that females may be altar servers; however, a bishop may not oblige
his priests to use female altar servers: see Congregation for Divine Worship
and the Discipline of the Sacraments, Response to dubium,
27.VII.2001]
§3 Where the needs of the Church require and ministers
are not available, lay people, even though they are not lectors or acolytes,
can supply certain of their functions, that is, exercise the ministry of the
word, preside over liturgical prayers, confer baptism and distribute Holy
Communion, in accordance with the provisions of the law.
[Extraordinary ministers of Holy Communion may not exercise their
function if ordinary ministers are present and are not impeded: see Authentic Interpretation of canon
910 §2, 1.VI.1988]
Can. 231 §1 Lay people who are pledged
to the special service of the Church, whether permanently or for a time, have a
duty to acquire the appropriate formation which their role demands, so that
they may conscientiously, earnestly and diligently fulfil this role.
§2 Without prejudice to the provisions of can. 230 §1,
they have the right to a worthy remuneration befitting their condition,
whereby, with due regard also to the provisions of the civil law, they can
becomingly provide for their own needs and the needs of their families.
Likewise, they have the right to have their insurance, social security and
medical benefits duly safeguarded.
Can. 232 It is the duty and the
proper and exclusive right of the Church to train those who are deputed to
sacred ministries.
Can. 233 §1 It is the duty of the whole
Christian community to foster vocations so that the needs of the sacred
ministry are sufficiently met in the entire Church. In particular, this duty
binds Christian families, educa tors and, in a special way, priests, especially
parish priests. DiocesanBishops, who must show the greatest concern to promote
vocations, are to instruct the people entrusted to them on the importance of
the sacred ministry and the need for ministers in the Church. They are to
encourage and support initiatives to promote vocations, especially movements
established for this purpose.
§2 Moreover, priests and especially diocesan Bishops
are to be solicitous that men of more mature years who believe they are called
to the sacred ministries are prudently assisted by word and deed and are duly
prepared.
Can. 234 §1 Minor seminaries and other
institutions of a similar nature promote vocations by providing a special
religious formation, allied to human and scientific education; where they
exist, they are to be retained and fostered. Indeed, where the diocesan Bishop
considers it expedient, he is to provide for the establishment of a minor
seminary or similar institution.
§2 Unless the circumstances of certain situations
suggest otherwise, young men who aspire to the priesthood are to receive that
same human and scientific formation which prepares their peers in their region
for higher studies.
Can. 235 §1 Young men who intend to
become priests are to receive the appropriate religious formation and
instruction in the duties proper to the priesthood in a major seminary, for the
whole of the time of formation or, if in the judgement of the diocesan Bishop circumstances
require it, for at least four years.
§2 Those who lawfully reside outside the seminary are
to be entrusted by the diocesan Bishop to a devout and suitable priest, who
will ensure that they are carefully formed in the spiritual life and in
discipline.
Can. 236 Those who aspire to the
permanent diaconate are to be formed in the spiritual life and appropriately
instructed in the fulfilment of the duties proper to that order, in accordance
with the provisions made by the Episcopal Conference:
1° young men are to reside for at least three years in
a special houseunless the diocesan Bishop for grave reasons decides otherwise,
2° men of more
mature years, whether celibate or married, are to prepare for three years in a
manner determined by the same Episcopal Conference.
[See Congregation for Catholic Education and Congregation for the Clergy, Basic norms for the formation of permanent deacons (Ratio fundamentalis institutionis diaconorum permanentium) and Directory for the Ministry and Life of Permanent Deacons, 22.II.1998)
Can. 237 §1 Where it is possible and
advisable, each diocese is to have a major seminary; otherwise, students
preparing for the sacred ministries are to be sent to the seminary of another
diocese, or an inter‑diocesan seminary is to be established.
§2 An interdiocesan seminary is not to be erected unless the conference of bishops, if the seminary is for its entire territory, or the bishops involved have obtained the prior confirmation of the Apostolic See for both the erection of the seminary and its statutes.
[Revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]
Can. 238 §1 Seminaries which are
lawfully established have juridical personality in the Church by virtue of the
law itself.
§2 In the conduct of all its affairs, the rector acts
in the person of the seminary, unless for certain matters the competent
authority has prescribed otherwise.
Can. 239 §1 In all seminaries there is
to be a rector who presides over it, a vice‑rector, if circumstances
warrant this, and a financial administrator. Moreover, if the students follow
their studies in the seminary, there are to be professors who teach the various
subjects in a manner suitably coordinated between them.
§2 In every seminary there is to be at least one
spiritual director, though the students are also free to approach other priests
who have been deputed to this work by the Bishop.
§3 The seminary statutes are to determine the manner
in which the other moderators, the professors and indeed the students
themselves, are to participate in the rector’s responsibility, especially in
regard to the maintenance of discipline.
Can. 240 §1 Besides ordinary confessors,
other confessors are to come regularly to the seminary; while maintaining
seminary discipline, the students are always to be free to approach any
confessor, whether inside or outside the seminary.
§2 In deciding about the admission of students to
orders, or their dismissal from the seminary, the vote of the spiritual
director and the confessors may never be sought.
Can. 241 §1 The diocesan
Bishop is to admit to the major seminary only those whose human, moral,
spiritual and intellectual gifts, as well as physical and psychological health
and right intention, show that they are capable of dedicating themselves
permanently to the sacred ministries.
[See Congregation for Catholic Education, Instruction
Concerning the Criteria for the Discernment of Vocations
with regard to Persons with Homosexual Tendencies
in view of their Admission to the Seminary and to Holy Orders, 4.XI.2005;
Secretariat of State, Rescriptum
ex audientia, 8.IV.2008; Congregation for Catholic Education, Guidelines
for the use of psychology in the admission and formation of candidates for the
priesthood, 29.VI.2008]
§2 Before they are accepted, they must submit
documentation of their baptism and confirmation, and whatever else is required
by the provisions of the Charter of Priestly Formation.
§3 If there is question of admitting those who have
been dismissed from another seminary or religious institute, there is also
required the testimony of the respective superior, especially concerning the
reason for their dismissal or departure.
[See Congregation for Catholic Education, Instruction on admitting candidates coming from other seminaries or religious communities, 8.III.1996, on the correct application of this provision]
Can. 242 §1 Each nation is to have a programme of priestly formation which is to be established by the conference of bishops, attentive to the norms issued by the supreme authority of the Church, and which is to be confirmed by the Holy See. This programme is to be adapted to new circumstances, also with the confirmation of the Holy See, and is to define the main principles of the instruction to be given in the seminary and general norms adapted to the pastoral needs of each region or province.
[Revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]
§2 The norms of the Charter mentioned in §1 are to be
observed in all seminaries, whether diocesan or inter‑diocesan.
Can. 243 In addition, each seminary
is to have its own rule, approved by the diocesan Bishop or, in the case of an
inter‑diocesan seminary, by the Bishops concerned. In this, the norms of
the Charter of Priestly Formation are to be adapted to the particular
circumstances and developed in greater detail, especially on points of
discipline affecting the daily life of the students and the good order of the
entire seminary.
Can. 244 The spiritual formation and
the doctrinal instruction of the students in a seminary are to be harmoniously
blended. They are to be so planned that the students, each according to his
talents, simultaneously develop the requisite human maturity and acquire the
spirit of the Gospel and a close relationship with Christ.
Can. 245 §1 Through their spiritual
formation students are to be fitted for the fruitful exercise of the pastoral
ministry, and are to be inculcated with a sense of mission. They are to learn
that a ministry which is always exercised with lively faith and charity contributes
effectively to their personal sanctification. They are to learn to cultivate
those virtues which are highly valued in human relationships, in such a way
that they can arrive at an appropriate harmony between human and supernatural
values.
§2 Students are to be so trained that, filled with
love for Christ’s Church, they are linked to the Roman Pontiff, the successor
of Peter, in humble and filial charity, to their own Bishop as his faithful co‑workers
and to their brethren in friendly cooperation. Through the common life in the
seminary, and by developing relationships of friendship and of association with
others, they are to be prepared for the fraternal unity of the diocesan presbyterium, in whose service of the
Church they will share.
Can. 246 §1 The celebration of the
Eucharist is to be the centre of the whole life of the seminary, so that the
students, participating in the very charity of Christ, may daily draw strength
of soul for their apostolic labour and for their spiritual life particularly
from this richest of sources.
§2 They are to be formed in the celebration of the
liturgy of the hours, by which the ministers of God, in the name of the Church,
intercede with Him for all the people entrusted to them, and indeed for the
whole world.
§3 Devotion to the Blessed Virgin Mary, including the
rosary, mental prayer and other exercises of piety are to be fostered, so that
the students may acquire the spirit of prayer and be strengthened in their
vocation.
§4 The students are to become accustomed to approach
the sacrament of penance frequently. It is recommended that each should have a
director of his spiritual life, freely chosen, to whom he can trustfully reveal
his conscience.
§5 Each year the students are to make a spiritual
retreat.
Can. 247 §1 By appropriate instruction
they are to be prepared to observe celibacy and to learn to hold it in honour
as a special gift of God.
§2 The students are to be given all the requisite
knowledge concerning the duties and burdens which are proper to the sacred
ministers of the Church, concealing none of the difficulties of the priestly
life.
Can. 248 The doctrinal formation
given is to be so directed that the students may acquire a wide and solid
teaching in the sacred sciences, together with a general culture which is
appropriate to the needs of place and time. As a result, with their own faith
founded on and nourished by this teaching, they ought to be able properly to
proclaim the Gospel to the people of their own time, in a fashion suited to the
manner of the people’s thinking.
Can. 249 The Charter of Priestly
Formation is to provide that the students are not only taught their native
language accurately, but are also well versed in Latin, and have a suitable
knowledge of other languages which would appear to be necessary or useful for
their formation or for the exercise of their pastoral ministry.
Can. 250 The
philosophical and theological studies which are organised in the seminary
itself may be conducted either in succession or conjointly, in accordance with
the Charter of Priestly Formation. These studies are to take at least six full
years, in such a way that the time given to philosophical studies amounts to
two full years and that allotted to theological studies to four full years.
[The Congregation for the Clergy’s document The Gift of the Priestly Vocation (Ratio Fundamentalis Institutionis Sacerdotalis), 8.XII.2016, establishes the need for a propaedeutic year prior to the commencement of philosophical and theological studies]
Can. 251 Philosophical formation
must be based on the philosophical heritage that is perennially valid, and it
is also to take account of philosophical investigations over the course of
time. It is to be so given that it furthers the human formation of the students,
sharpens their mental edge and makes them more fitted to engage in theological
studies.
Can. 252 §1 Theological formation,
given in the light of faith and under the guidance of the magisterium, is to be imparted in such a way that the students
learn the whole of Catholic teaching, based on divine Revelation, that they
make it a nourishment of their own spiritual lives, and that in the exercise of
the ministry they may be able properly to proclaim and defend it.
§2 Students are to be instructed with special care in
sacred Scripture, so that they may acquire an insight into the whole of sacred
Scripture.
§3 Lectures are to be given in dogmatic theology,
based always on the written word of God and on sacred Tradition; through them
the students are to learn to penetrate more deeply into the mysteries of
salvation, with St. Thomas in particular as their teacher. Lectures are also to
be given in moral and pastoral theology, canon law, liturgy, ecclesiastical
history, and other auxiliary and special disciplines, in accordance with the
provisions of the Charter on Priestly Formation.
Can. 253 §1 The Bishop or the Bishops
concerned are to appoint as teachers in philosophical, theological and
juridical subjects only those who are of outstanding virtue and have a
doctorate or a licentiate from a university or faculty recognised by the Holy
See.
§2 Care is to be taken that different professors are
appointed for sacred Scripture, dogmatic theology, moral theology, liturgy,
philosophy, canon law and church history, and for other disciplines which are
to be taught by their own distinctive methods.
§3 A professor who seriously fails in his or her duty
is to be removed by the authority mentioned in §1.
Can. 254 §1 In their lectures, the
professors are to be continuously attentive to the intimate unity and harmony
of the entire doctrine of faith, so that the students are aware that they are
learning one science. To ensure this, there is to be someone in the seminary
who is in charge of the overall organisation of studies.
§2 The students are to be taught in such a way that
they themselves are enabled to research various questions in the scientific way
appropriate to each question. There are, therefore, to be assignments in which,
under the guidance of the professors, the students learn to work out certain
subjects by their own efforts.
Can. 255 Although the whole
formation of students in the seminary has a pastoral purpose, a specifically
pastoral formation is also to be provided there; in this the students are to
learn the principles and the techniques which, according to the needs of place
and time, are relevant to the ministry of teaching, sanctifying and ruling the
people of God.
Can. 256 §1 Students are to be
carefully instructed in whatever especially pertains to the sacred ministry,
particularly in catechetics and homiletics, in divine worship and in a special
way in the celebration of the sacraments, in dealing with people, including non‑Catholics
and unbelievers, in parish administration and in the fulfilment of other tasks.
§2 The students are to be instructed about the
needs of the universal Church, so that they may have a solicitude for
encouraging vocations, for missionary and ecumenical questions, and for other
pressing matters, including social problems.
Can. 257 §1 The formation of students
is to ensure that they are concerned not only for the particular Church in
which they are incardinated, but also for the universal Church, and that they
are ready to devote themselves to particular Churches which are beset by grave
need.
§2 The diocesan Bishop is to ensure that clerics who
intend to move from their own particular Church to a particular Church in
another region, are suitably prepared to exercise the sacred ministry there,
that is, that they learn the language of the region, and have an understanding
of its institutions, social conditions, usages and customs.
Can. 258 In order that the students
may also by practice learn the art of exercising the apostolate, they are in
the course of their studies, and especially during holiday time, to be
initiated into pastoral practice by suitable assignments, always under the supervision
of an experienced priest. These assignments, appropriate to the age of the
student and the conditions of the place, are to be determined by the Ordinary.
Can. 259 §1 It belongs to the diocesan
Bishop or, in the case of an inter‑diocesan seminary, to the Bishops
concerned to determine those matters which concern the overall control and
administration of the seminary.
§2 The diocesan Bishop or, in the case of an inter‑diocesan
seminary, the Bishops concerned, are frequently to visit the seminary in
person. They are to oversee the formation of their students, and the
philosophical and theological instruction given in the seminary. They are to
inform themselves about the vocation, character, piety and progress of the
students, in view particularly to the conferring of sacred orders.
Can. 260 In the fulfilment of their
duties, all must obey the rector, who is responsible for the day to day
direction of the seminary, in accordance with the norms of the Charter of
Priestly Formation and the rule of the seminary.
Can. 261 §1 The rector of the seminary
is to ensure that the students faithfully observe the norms of the Charter of
Priestly Formation and the rule of the seminary; under his authority, and
according to their different positions, the moderators and professors have the
same responsibility.
Can. 262 The seminary is to be
exempt from parochial governance. For all those in the seminary, the function
of the parish priest is to be discharged by the rector of the seminary or his
delegate, with the exception of matters concerning marriage and without prejudice
to the provisions of can. 985.
Can. 263 The diocesan Bishop must
ensure that the building and maintenance of the seminary, the support of the
students, the remuneration of the teachers and the other needs of the seminary
are provided for. In an inter‑diocesan seminary this responsibility
devolves upon the Bishops concerned, each to the extent allotted by their
common agreement.
Can. 264 §1 To provide for the needs of
the seminary, the Bishop can, apart from the collection mentioned in can. 1266,
impose a levy in the diocese.
§2 Every ecclesiastical juridical person is subject to
the levy for the seminary, including even private juridical persons, which have
a centre in the diocese. Exception is made for those whose sole support comes
from alms, or in which there is actually present a college of students or of
teachers for furthering the common good of the Church. This levy should be
general, proportionate to the revenue of those who are subject to it and
calculated according to the needs of the seminary.
Can. 265 Every cleric must be incardinated either in a particular church or personal prelature, or in an institute of consecrated life or society endowed with this faculty, or also in a public clerical association which has obtained that faculty from the Apostolic See, in such a way that unattached or transient clerics are not allowed at all.
[Revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]
Can. 266 §1 By the reception of the
diaconate a person becomes a cleric, and is incardinated in the particular
Church or personal Prelature for whose service he is ordained.
§2 A member who is perpetually professed in a
religious institute, or who is definitively incorporated into a clerical
society of apostolic life, is by the reception of the diaconate incardinated as
a cleric in that institute or society unless, in the case of a society, the
constitutions determine otherwise.
§3 A member of a secular institute is by the reception
of the diaconate incardinated into the particular Church for whose service he
was ordained, unless by virtue of a concession of the Apostolic See he is
incardinated into the institute itself.
Can. 267 §1 To be validly incardinated
in another particular Church, a cleric who is already incardinated must obtain
a letter of excardination signed by the diocesan Bishop, and in the same way a
letter of incardination signed by the diocesan Bishop of the particular Church
in which he wishes to be incardinated.
§2 Excardination granted in this way does not take
effect until incardination is obtained in the other particular Church.
Can. 268 §1 A cleric who has lawfully
moved from his own particular Church to another is, by virtue of the law
itself, incardinated in that latter Church after five years, if he has declared
this intention in writing to both the diocesan Bishop of the host diocese and
his own diocesan Bishop, and neither of the two Bishops has indicated
opposition in writing within four months of receiving the cleric’s written
request.
§2 By perpetual or definitive admission into an
institute of consecrated life or a society of apostolic life, a cleric who in
accordance with can. 266 is incardinated in that institute or society, is
excardinated from his own particular Church.
Can. 269 A diocesan Bishop is not to
incardinate a cleric unless:
1° the need or the advantage of his particular Church
requires it and the provisions of law concerning the worthy support of the
cleric are observed;
2° he knows by a lawful document that excardination
has been granted, and has also obtained from the excardinating Bishop, under
secrecy if need be, appropriate testimonials concerning the cleric’s life,
behaviour and studies;
3° the cleric declares in writing to the same Bishop
that he wishes to enter the service of the new particular Church in accordance
with the norms of law.
Can. 270 Excardination can be
lawfully granted only for a just reason, such as the advantage of the Church or
the good of the cleric. It may not, however, be refused unless grave reasons
exist; it is lawful for a cleric who considers himself to be unfairly treated
and who has a Bishop to receive him, to have recourse against the decision.
Can. 271 §1 Except for a grave need of
his own particular Church, a Bishop is not to refuse clerics seeking permission
to move whom he knows to be prepared and considers suitable to exercise the
ministry in regions which suffer from a grave shortage of clergy. He is to
ensure, however, that the rights and duties of these clerics are determined by
written agreement with the diocesan Bishop of the place to which they wish to
move.
§2 A Bishop can give permission to his clerics to move
to another particular Church for a specified time. Such permission can be
renewed several times, but in such a way that the clerics remain incardinated
in their own particular Church, and on returning there enjoy all the rights
which they would have had if they had ministered there.
§3 A cleric who lawfully moves to another particular
Church while remaining incardinated in his own, may for a just reason be
recalled by his own Bishop, provided the agreements entered into with the other
Bishop are honoured and natural equity is observed. Under the same conditions,
the Bishop of the other particular Church can for a just reason refuse the
cleric permission to reside further in his territory.
Can. 272 The diocesan Administrator
cannot grant excardination nor incardination, nor permission to move to another
particular Church, unless the episcopal see has been vacant for a year, and he
has the consent of the college of consultors.
Can. 273 Clerics have a special
obligation to show reverence and obedience to the Supreme Pontiff and to their
own Ordinary.
Can. 274 §1 Only clerics can obtain
offices the exercise of which requires the power of order or the power of
ecclesiastical governance.
§2 Unless excused by a lawful impediment, clerics are
obliged to accept and faithfully fulfil the office committed to them by their
Ordinary.
Can. 275 §1 Since all clerics are
working for the same purpose, namely the building up of the body of Christ,
they are to be united with one another in the bond of brotherhood and prayer.
They are to seek to cooperate with one another, in accordance with the provisions
of particular law.
§2 Clerics are to acknowledge and promote the mission
which the laity, each for his or her part, exercises in the Church and in the
world.
Can. 276 §1 Clerics have a special
obligation to seek holiness in their lives, because they are consecrated to God
by a new title through the reception of orders, and are stewards of the
mysteries of God in the service of His people.
§2 In order that they can pursue this perfection:
1° they are in the first place faithfully and
untiringly to fulfil the obligations of their pastoral ministry;
2° they are to nourish their spiritual life at the
twofold table of the sacred Scripture and the Eucharist; priests are therefore
earnestly invited to offer the eucharistic Sacrifice daily, and deacons to
participate daily in the offering;
3° priests, and deacons aspiring to the priesthood,
are obliged to carry out the liturgy of the hours daily, in accordance with
their own approved liturgical books; permanent deacons are to recite that part
of it determined by the Episcopal Conference;
4° they are also obliged to make spiritual retreats,
in accordance with the provision of particular law;
5° they are exhorted to engage regularly in mental
prayer, to approach the sacrament of penance frequently, to honour the Virgin
Mother of God with particular veneration, and to use other general and special
means to holiness.
Can. 277 §1 Clerics are obliged to
observe perfect and perpetual continence for the sake of the Kingdom of heaven,
and are therefore bound to celibacy. Celibacy is a special gift of God by which
sacred ministers can more easily remain close to Christ with an undivided
heart, and can dedicate themselves more freely to the service of God and their
neighbour.
§2 Clerics are to behave with due prudence in relation
to persons whose company can be a danger to their obligation of preserving
continence or can lead to scandal of the faithful.
§3 The diocesan Bishop has authority to establish more
detailed rules concerning this matter, and to pass judgement on the observance
of the obligation in particular cases.
Can. 278 §1 The secular clergy have the
right of association with others for the achievement of purposes befitting the
clerical state.
§2 The secular clergy are to hold in high esteem those
associations especially whose statutes are recognised by the competent
authority and which, by a suitable and well tried rule of life and by fraternal
support, promote holiness in the exercise of their ministry and foster the
unity of the clergy with one another and with their Bishop.
§3 Clerics are to refrain from establishing or joining
associations whose purpose or activity cannot be reconciled with the
obligations proper to the clerical state, or which can hinder the diligent
fulfilment of the office entrusted to them by the competent ecclesiastical
authority.
Can. 279 §1 Clerics are to continue
their sacred studies even after ordination to the priesthood. They are to hold
to that solid doctrine based on sacred Scripture which has been handed down by
our forebears and which is generally received in the Church, as set out
especially in the documents of the Councils and of the Roman Pontiffs. They are
to avoid profane novelties and pseudo‑science.
§2 Priests are to attend pastoral courses to be
arranged for them after their ordination, in accordance with the provisions of
particular law. At times determined by the same law, they are to attend other
courses, theological meetings or conferences, which offer them an occasion to
acquire further knowledge of the sacred sciences and of pastoral methods.
§3 They are also to seek a knowledge of other
sciences, especially those linked to the sacred sciences, particularly insofar
as they benefit the exercise of the pastoral ministry.
Can. 280 Some manner of common life
is highly recommended to clerics; where it exists, it is as far as possible to
be maintained.
Can. 281 §1 Since clerics dedicate
themselves to the ecclesiastical ministry, they deserve the remuneration that
befits their condition, taking into account both the nature of their office and
the conditions of time and place. It is to be such that it provides for the
necessities of their life and for the just remuneration of those whose services
they need.
§2 Suitable provision is likewise to be made for such
social welfare as they may need in infirmity, sickness or old age.
§3 Married deacons who dedicate themselves full‑time
to the ecclesiastical ministry deserve remuneration sufficient to provide for
themselves and their families. Those, however, who receive a remuneration by
reason of a secular profession which they exercise or exercised, are to see to
their own and to their families’ needs from that income.
Can. 282 §1 Clerics are to follow a
simple way of life and avoid anything which smacks of worldliness.
§2 Goods which they receive on the occasion of the
exercise of an ecclesiastical office, and which are over and above what is
necessary for their worthy upkeep and the fulfilment of all the duties of their
state, they may well wish to use for the good of the Church and for charitable
works.
Can. 283 §1 Clerics, even if they do
not have a residential office, are not to be absent from their diocese for a
considerable time, to be determined by particular law, without the at least
presumed permission of their proper Ordinary.
§2 They may, however, take a rightful and sufficient
holiday every year, for the length of time determined by general or by
particular law.
Can. 284 Clerics are to wear
suitable ecclesiastical dress, in accordance with the norms established by the
Episcopal Conference and legitimate local custom.
Can. 285 §1 Clerics are to shun
completely everything that is unbecoming to their state, in accordance with the
provisions of particular law.
§2 Clerics are to avoid whatever is foreign to their
state, even when it is not unseemly.
§3 Clerics are forbidden to assume public office
whenever it means sharing in the exercise of civil power.
§4 Without the permission of their Ordinary, they may
not undertake the administration of goods belonging to lay people, or secular
offices which involve the obligation to render an account. They are forbidden
to act as surety, even concerning their own goods, without consulting their
proper Ordinary. They are not to sign promissory notes which involve the
payment of money but do not state the reasons for the payment.
[See the new can. 1393 §2 establishing the offence of grave violation of the stipulations in can. 285 §4]
Can. 286 Clerics are forbidden to
practise commerce or trade, either personally or through another, for their own
or another’s benefit, except with the permission of the lawful ecclesiastical
authority.
Can. 287 §1 Clerics are always to do
their utmost to foster among people peace and harmony based on justice.
§2 They are not to play an active role in political
parties or in directing trade unions unless, in the judgement of the competent
ecclesiastical authority, this is required for the defence of the rights of the
Church or to promote the common good.
Can. 288 Permanent deacons are not
bound by the provisions of cann. 284, 285 §§3 and 4, 286, 287 §2, unless
particular law states otherwise.
Can. 289 §1 As military service ill
befits the clerical state, clerics and candidates for sacred orders are not to
volunteer for the armed services without the permission of their Ordinary.
§2 Clerics are to take advantage of exemptions from
exercising functions and public civil offices foreign to the clerical state,
which are granted in their favour by law, agreements or customs, unless their
proper Ordinary has in particular cases decreed otherwise.
Can. 290 Sacred ordination once
validly received never becomes invalid. A cleric, however, loses the clerical
state:
1° by a judgement of a court or an administrative
decree, declaring the ordination invalid;
2° by the penalty of dismissal lawfully imposed;
3° by a rescript of the Apostolic See; this rescript,
however, is granted to deacons only for grave reasons and to priests only for
the gravest of reasons.
[Competence in this matter belongs to the Office created at the Roman Rota: see m.p. Quaerit semper, 30.VIII.2011]
Can. 291 Apart from the cases
mentioned in can. 290, n. 1, the loss of the clerical state does not carry with
it a dispensation from the obligation of celibacy, which is granted solely by
the Roman Pontiff.
Can. 292 A cleric who loses the
clerical state in accordance with the law, loses thereby the rights that are
proper to the clerical state and is no longer bound by any obligations of the
clerical state, without prejudice to can. 291. He is prohibited from exercising
the power of order, without prejudice to can. 976. He is automatically deprived
of all offices and roles and of any delegated power.
Can. 293 A cleric who has lost the
clerical state cannot be enrolled as a cleric again save by rescript of the
Apostolic See.
Can. 294 Personal prelatures may be
established by the Apostolic See after consultation with the Episcopal
Conferences concerned. They are composed of deacons and priests of the secular
clergy. Their purpose is to promote an appropriate distribution of priests, or
to carry out special pastoral or missionary enterprises in different regions or
for different social groups.
Can. 295 §1 A personal prelature, which
is similar to public clerical associations of pontifical right with the faculty
of incardinating clerics, is governed by statutes laid down by the Apostolic
See. It is presided over by a Prelate as Moderator, endowed with the faculties
of an Ordinary, who has the right to establish a national or an international
seminary, and to incardinate students and promote them to orders with the title
of service of the prelature.
[Revised wording according to m.p. modifying the canons on
personal prelatures, 8.VIII.2023]
§2 As Moderator endowed with the faculties of an
Ordinary, the Prelate must provide both for the spiritual formation of those
who are ordained with this title, and for their becoming support.
[Revised wording according to m.p. modifying the canons on
personal prelatures, 8.VIII.2023]
Can. 296 Respecting the provisions
of can. 107, lay people can dedicate themselves to the apostolic work of a
personal prelature by way of agreements made with the prelature. The manner of
this organic cooperation and the principal obligations and rights associated
with it, are to be duly defined in the statutes.
[Revised wording according to m.p. modifying the canons on
personal prelatures, 8.VIII.2023]
Can. 297 The statutes are likewise
to define the relationships of the prelature with the local Ordinaries in whose
particular Churches the prelature, with the prior consent of the diocesan
Bishop, exercises or wishes to exercise its pastoral or missionary activity.
Can. 298 §1 In the Church there are
associations which are distinct from institutes of consecrated life and
societies of apostolic life. In these associations, Christ’s faithful, whether
clerics or laity, or clerics and laity together, strive with a common effort to
foster a more perfect life, or to promote public worship or Christian teaching.
They may also devote themselves to other works of the apostolate, such as
initiatives for evangelisation, works of piety or charity, and those which
animate the temporal order with the Christian spirit.
§2 Christ’s faithful are to join especially those
associations which have been established, praised or recommended by the
competent ecclesiastical authority.
Can. 299 §1 By private agreement among
themselves, Christ’s faithful have the right to constitute associations for the
purposes mentioned in can. 298 §1, without prejudice to the provisions of can.
301 §1.
§2 Associations of this kind, even though they may be
praised or commended by ecclesiastical authority, are called private
associations.
§3 No private association of Christ’s faithful is
recognised in the Church unless its statutes have been reviewed by the
competent authority.
Can. 300 No association may call
itself ‘Catholic’ except with the consent of the competent ecclesiastical
authority, in accordance with can. 312.
Can. 301 §1 It is for the competent
ecclesiastical authority alone to establish associations of Christ’s faithful
which intend to impart Christian teaching in the name of the Church, or to
promote public worship, or which are directed to other ends whose pursuit is of
its nature reserved to the same ecclesiastical authority.
§2 The competent ecclesiastical authority, if it
judges it expedient, can also establish associations of Christ’s faithful to
pursue, directly or indirectly, other spiritual ends whose attainment is not
adequately provided for by private initiatives.
§3 Associations of Christ’s faithful which are
established by the competent ecclesiastical authority are called public
associations.
Can. 302 Associations of Christ’s faithful are called clerical when they are under the direction of clerics, presuppose the exercise of sacred orders, and are acknowledged as such by the competent authority.
[In 2008 Benedict XVI granted the Congregation (now Dicastery) for the Clergy the privilege of allowing public clerical assocations to incardinate clerics. The privilege was confirmed by Pope Francis on 29.V.2017. See also the revised wording of can. 265 following Competentias quasdam decernere]
Can. 303 Associations whose members
live in the world but share in the spirit of some religious institute, under
the overall direction of the same institute, and who lead an apostolic life and
strive for Christian perfection, are known as third orders, or are called by
some other suitable title.
Can. 304 §1 All associations
of Christ’s faithful, whether public or private, by whatever title or name they
are called, are to have their own statutes. These are to define the purpose or
social objective of the association, its centre, its governance and the conditions
of membership. They are also to specify the manner of action of the
association, paying due regard to what is necessary or useful in the
circumstances of the time and place.
[See General Decree of Dicastery for
Laity, Family and Life,
11.VI.2021, setting time limits on terms of office, and ordering elections
where these have been exceeded]
§2 Associations are to select for themselves a title
or name which is in keeping with the practices of the time and place,
especially one derived from the purpose they intend.
Can. 305 §1 All associations of
Christ’s faithful are subject to the supervision of the competent
ecclesiastical authority. This authority is to ensure that integrity of faith
and morals is maintained in them and that abuses in ecclesiastical discipline
do not creep in. The competent authority has therefore the duty and the right
to visit these associations, in accordance with the law and the statutes.
Associations are also subject to the governance of the same authority in
accordance with the provisions of the canons which follow.
§2 Associations of every kind are subject to the supervision of the Holy See. Diocesan associations are subject to the supervision of the local Ordinary, as are other associations to the extent that they work in the diocese.
Can. 306 To enjoy the rights and
privileges, indulgences and other spiritual favours granted to an association,
it is necessary and sufficient that a person be validly received into the
association in accordance with the provisions of the law and with the association’s
own statutes, and be not lawfully dismissed from it.
Can. 307 §1 The admission of members is
to take place in accordance with the law and with the statutes of each
association.
§2 The same person can be enrolled in several
associations.
§3 In accordance with their own law, members of
religious institutes may, with the consent of their Superior, join
associations.
Can. 308 No one who was lawfully
admitted is to be dismissed from an association except for a just reason, in
accordance with the law and the statutes.
Can. 309 Associations that are
lawfully established have the right, in accordance with the law and the
statutes, to make particular norms concerning the association, for the holding
of meetings, and for the appointment of moderators, officials, ministers and
administrators of goods.
Can. 310 A private association which
has not been constituted a juridical person cannot, as such, be the subject of
duties and rights. However the faithful who are joined together in it can
jointly contract obligations. As joint owners and joint possessors they can
acquire and possess rights and goods. They can exercise these rights and
obligations through a delegate or a proxy.
Can. 311 Members of institutes of
consecrated life who preside over or assist associations which are joined in
some way to their institute, are to ensure that these associations help the
apostolic works existing in the diocese. They are especially to cooperate, under
the direction of the local Ordinary, with associations which are directed to
the exercise of the apostolate in the diocese.
Can. 312 §1 The authority which is
competent to establish public associations is:
1° the Holy See, for universal and international
associations
2° the Episcopal Conference in its own territory, for
national associations which by their very establishment are intended for work
throughout the whole nation;
3° the diocesan Bishop, each in his own territory, but not the diocesan Administrator, for diocesan associations, with the exception, however, of associations the right to whose establishment is reserved to others by apostolic privilege.
[See Rescript “ex audientia Ss.mi” of 15.VI.2022 requiring the diocesan bishop, before erecting
by decree a public association of the faithful with a view to its becoming an
institute of consecrated life or a society of apostolic life, to obtain the
written permission of the Dicastery for Institutes of Consecrated Life and
Societies of Apostolic Life: cf. can. 579]
§2 The written consent of the diocesan Bishop is
required for the valid establishment of an association or branch of an
association in the diocese even though it is done in virtue of an apostolic
privilege. Permission, however, which is given by the diocesan Bishop for the
foundation of a house of a religious institute, is valid also for the
establishment in the same house, or in a church attached to it, of an
association which is proper to
that institute.
Can. 313 A public association or a confederation of
public associations is constituted a juridical person by the very decree by
which it is established by the authority competent in accordance with can. 312.
Moreover, insofar as is required, it thereby receives its mission to pursue, in
the name of the Church, those ends which it proposes for itself.
Can. 314 The statutes of any public
association require the approval of the authority which, in accordance with
can. 312 §1, is competent to establish the association; this approval is also
required for a revision of, or a change in, the statutes.
Can. 315 Public associations can, on
their own initiative, undertake projects which are appropriate to their
character, and they are governed by the statutes, but under the overall
direction of the ecclesiastical authority mentioned in can. 312 §1.
Can. 316 §1 A person who has publicly
rejected the Catholic faith, or has defected from ecclesiastical communion, or
upon whom an excommunication has been imposed or declared, cannot validly be
received into public associations.
§2 Those who have been lawfully enrolled but who fall
into one of the categories mentioned in §1, having been previously warned, are
to be dismissed, in accordance with the statutes of the association, without
prejudice to their right of recourse to the ecclesiastical authority mentioned
in can. 312 §1.
Can. 317 §1 Unless the statutes provide
otherwise, it belongs to the ecclesiastical authority mentioned in can. 312 §1
to confirm the moderator of a public association on election, or to appoint the
moderator on presentation, or by his own right to appoint the moderator. The
same authority appoints the chaplain or ecclesiastical assistant, after
consulting the senior officials of the association, wherever this is expedient.
§2 The norm of §1 is also valid for associations which
members of religious institutes, by apostolic privilege, establish outside
their own churches or houses. In associations which members of religious
institutes establish in their own church or house, the appointment or
confirmation of the moderator and chaplain belongs to the Superior of the
institute, in accordance with the statutes.
§3 The laity can be moderators of associations which
are not clerical. The chaplain or ecclesiastical assistant is not to be the
moderator, unless the statutes provide otherwise.
§4 Those who hold an office of direction in political
parties are not to be moderators in public associations of the faithful which
are directly ordered to the exercise of the apostolate.
Can. 318 §1 In special circumstances,
when serious reasons so require the ecclesiastical authority mentioned in can.
312 §1 can appoint a commissioner to direct the association in his name for the
time being.
§2 The moderator of a public association may be
removed for a just reason, by the person who made the appointment or the
confirmation, but the Moderator himself and the senior officials of the
association must be consulted, in accordance with the statutes. The chaplain
can, however, be removed by the person who appointed him, in accordance with
cann. 192‑195.
Can. 319 §1 Unless otherwise provided,
a lawfully established public association administers the goods it possesses,
in accordance with the statutes, and under the overall direction of the
ecclesiastical authority mentioned in can. 312 §1. It must give a yearly account
to this authority.
§2 The association must also faithfully account to the
same authority for the disbursement of contributions and alms which it has
collected.
Can. 320 §1 Associations established by
the Holy See can be suppressed only by the Holy See.
§2 For grave reasons, associations established by the
Episcopal Conference can be suppressed by it. The diocesan Bishop can suppress
those he has established, and also those which members of religious institutes
have established by apostolic indult with the consent of the diocesan Bishop.
§3 A public association is not to be suppressed by the
competent authority unless the moderator and other senior officials have been
consulted.
Can. 321 Christ’s faithful direct
and moderate private associations according to the provisions of the statutes.
Can. 322 §1 A private association of
Christ’s faithful can acquire juridical personality by a formal decree of the
competent ecclesiastical authority mentioned in can. 312.
§2 No private association of Christ’s faithful can
acquire juridical personality unless its statutes are approved by the
ecclesiastical authority mentioned in can. 312 §1. The approval of the statutes
does not, however, change the private nature of the association.
Can. 323 §1 Although private
associations of Christ’s faithful enjoy their own autonomy in accordance with
can. 321, they are subject to the supervision of ecclesiastical authority, in
accordance with can. 305, and also to the governance of the same authority.
§2 It is also the responsibility of ecclesiastical
authority, with due respect for the autonomy of private associations, to
oversee and ensure that there is no dissipation of their forces, and that the
exercise of their apostolate is directed to the common good.
Can. 324 §1 A private association of
Christ’s faithful can freely designate for itself a moderator and officers, in
accordance with the statutes.
§2 If a private association of Christ’s faithful
wishes to have a spiritual counsellor, it can freely choose one for itself from
among the priests who lawfully exercise a ministry in the diocese, but the
priest requires the confirmation of the local Ordinary.
Can. 325 §1 A private association of
Christ’s faithful is free to administer any goods it possesses, according to
the provisions of the statutes, but the competent ecclesiastical authority has
the right to ensure that the goods are applied to the purposes of the association.
§2 In accordance with can. 1301, the association is
subject to the authority of the local Ordinary in whatever concerns the
administration and distribution of goods which are donated or left to it for
pious purposes.
Can. 326 §1 A private association of
Christ’s faithful is extinguished in accordance with the norms of the statutes.
It can also be suppressed by the competent authority if its activity gives rise
to grave harm to ecclesiastical teaching or discipline, or is a scandal to the
faithful.
§2 The fate of the
goods of a private association which ceases to exist is to be determined in
accordance with the statutes, without prejudice to acquired rights and to the
wishes of donors.
[The Congregation for the Doctrine of the Faith’s Letter Iuvenescit Ecclesia, 15.V.2016, footnote 116, says that, as regards the recognition of ecclesial entities of a charismatic nature, a private association of the Christian faithful in accordance with canons 321-326 appears to be the most simple juridical form at the present time. Nonetheless, it is worthwhile considering other juridical forms such as public associations of the Christian faithful (canons 573-730), clerical associations of the Christian faithful (canon 302), institutes of consecrated life (canons 573-730), societies of apostolic life (canons 731-746), and personal prelatures (canons 294-297)]
Can. 327 Lay members of Christ’s
faithful are to hold in high esteem associations established for the spiritual
purposes mentioned in can. 298. They should especially esteem those
associations whose aim is to animate the temporal order with the Christian
spirit, and thus greatly foster an intimate union between faith and life.
Can. 328 Those who head lay
associations, even those established by apostolic privilege, are to ensure that
their associations cooperate with other associations of Christ’s faithful,
where this is expedient. They are to give their help freely to various Christian
works, especially those in the same territory.
Can. 329 Moderators of lay
associations are to ensure that the members receive due formation, so that they
may carry out the apostolate which is proper to the laity.
Can. 330 Just as, by the decree of
the Lord, Saint Peter and the rest of the Apostles form one College, so for a
like reason the Roman Pontiff, the successor of Peter, and the Bishops, the
successors of the Apostles, are united together in one.
Can. 331 The office uniquely
committed by the Lord to Peter, the first of the Apostles, and to be
transmitted to his successors, abides in the Bishop of the Church of Rome. He
is the head of the College of Bishops, the Vicar of Christ, and the Pastor of
the universal Church here on earth. Consequently, by virtue of his office, he
has supreme, full, immediate and universal ordinary power in the Church, and he
can always freely exercise this power.
Can. 332 §1 The Roman
Pontiff acquires full and supreme power in the Church when, together with
episcopal consecration, he has been lawfully elected and has accepted the
election. Accordingly, if he already has the episcopal character, he receives
this power from the moment he accepts election to the supreme pontificate. If
he does not have the episcopal character, he is immediately to be ordained
Bishop.
[The Apostolic Constitution Universi Dominici Gregis, 22.II.1996, governs the manner of electing the Roman Pontiff; it was amended by a m.p. of Pope Benedict of 11.VI.2007 reinstating the requirement that a papal election require a two-thirds majority regardless of the number of ballots taken; and by a further m.p. Normas nonnullas of 25.II.2013 introducing various other modifications]
§2 Should it happen that the Roman Pontiff resigns
from his office, it is required for validity that the resignation be freely
made and properly manifested, but it is not necessary that it be accepted by
anyone.
Can. 333 §1 By virtue of his office,
the Roman Pontiff not only has power over the universal Church, but also has
pre‑eminent ordinary power over all particular Churches and their
groupings. This reinforces and defends the proper, ordinary and immediate power
which the Bishops have in the particular Churches entrusted to their care.
§2 The Roman Pontiff, in fulfilling his office as
supreme Pastor of the Church, is always joined in full communion with the other
Bishops, and indeed with the whole Church. He has the right, however, to
determine, according to the needs of the Church, whether this office is to be
exercised in a personal or in a collegial manner.
§3 There is neither appeal nor recourse against a
judgement or a decree of the Roman Pontiff.
Can. 334 The Bishops are available
to the Roman Pontiff in the exercise of his office, to cooperate with him in
various ways, among which is the synod of Bishops. Cardinals also assist him,
as do other persons and, according to the needs of the time, various institutes;
all these persons and institutes fulfil their offices in his name and by his
authority, for the good of all the Churches, in accordance with the norms
determined by law.
Can. 335 When the Roman See is
vacant, or completely impeded, no innovation is to be made in the governance of
the universal Church. The special laws enacted for these circumstances are to
be observed.
Article 2: The College of Bishops
Can. 336 The head of the College of
Bishops is the Supreme Pontiff, and its members are the Bishops by virtue of
their sacramental consecration and hierarchical communion with the head of the
College and its members. This College of Bishops, in which the apostolic body
abides in an unbroken manner, is, in union with its head and never without this
head, also the subject of supreme and full power over the universal Church.
Can. 337 §1 The College of Bishops
exercises its power over the universal Church in solemn form in an Ecumenical
Council.
§2 It exercises this same power by the united action
of the Bishops dispersed throughout the world, when this action is as such
proclaimed or freely accepted by the Roman Pontiff, so that it becomes a truly
collegial act.
§3 It belongs to the Roman Pontiff to select and
promote, according to the needs of the Church, ways in which the College of
Bishops can exercise its office in respect of the universal Church in a
collegial manner.
Can. 338 §1 It is the prerogative of
the Roman Pontiff alone to summon an Ecumenical Council, to preside over it
personally or through others, to transfer, suspend or dissolve the Council, and
to approve its decrees.
§2 It is also the prerogative of the Roman Pontiff to
determine the matters to be dealt with in the Council, and to establish the
order to be observed. The Fathers of the Council may add other matters to those
proposed by the Roman Pontiff, but these must be approved by the Roman Pontiff
.
Can. 339 §1 All Bishops, but only
Bishops who are members of the College of Bishops, have the right and the
obligation to be present at an Ecumenical Council with a deliberative vote.
§2 Some others besides, who do not have the episcopal
dignity, can be summoned to an Ecumenical Council by the supreme authority in
the Church, to whom it belongs to determine what part they take in the Council.
Can. 340 If the Apostolic See should
become vacant during the celebration of the Council, it is by virtue of the law
itself suspended until the new Supreme Pontiff either orders it to continue or
dissolves it.
Can. 341 §1 The decrees of an
Ecumenical Council do not oblige unless they are approved by the Roman Pontiff
as well as by the Fathers of the Council, confirmed by the Roman Pontiff and
promulgated by his direction.
§2 If they are to have binding force, the same
confirmation and promulgation is required for decrees which the College of
Bishops issues by truly collegial actions in another manner introduced or
freely accepted by the Roman Pontiff.
Can. 342 The synod of
Bishops is a group of Bishops selected from different parts of the world, who
meet together at specified times to promote the close relationship between the
Roman Pontiff and the Bishops. These Bishops, by their counsel, assist the
Roman Pontiff in the defence and development of faith and morals and in the
preservation and strengthening of ecclesiastical discipline. They also consider
questions concerning the mission of the Church in the world.
[See Apostolic Constitution Episcopalis Communio, 15.IX.2018, on the Synod of Bishops]
Can. 343 The function of the synod
of Bishops is to discuss the matters proposed to it and set forth
recommendations. It is not its function to settle matters or to draw up
decrees, unless the Roman Pontiff has given it deliberative power in certain
cases; in this event, it rests with the Roman Pontiff to ratify the decisions
of the synod.
Can. 344 The synod of Bishops is
directly under the authority of the Roman Pontiff, whose prerogative it is:
1° to convene the synod, as often as this seems
opportune to him, and to designate the place where the meetings are to be held
2° to ratify the election of those who, in accordance
with the special law of the synod, are to be elected, and to designate and
appoint other members;
3° at a suitable time before the celebration of the
synod, to prescribe the outlines of the questions to be discussed, in
accordance with the special law;
4° to determine the agenda;
5° to preside over the synod personally or through
others;
6° to conclude, transfer, suspend or dissolve the
synod.
Can. 345 The synod of Bishops can
meet in general assembly, in which matters are dealt with which directly
concern the good of the universal Church; such an assembly is either ordinary
or extraordinary. It can also meet in special assembly, to deal with matters directly
affecting a determined region or regions.
Can. 346 §1 The synod of Bishops meeting in ordinary general assembly is comprised, for the most part, of Bishops elected for each assembly by the Episcopal Conferences, in accordance with the norms of the special law of the synod. Other members are designated according to the same law; others are directly appointed by the Roman Pontiff. Added to these are some members of clerical religious institutes, elected in accordance with the same special law.
[See Authentic Interpretation of canon
346 §1, 10.X.1991,
allowing emeritus bishops to be elected as members]
[On 17.VI.2023, Pope Francis approved the extension of participation in the Synodal
Assembly to “non-bishops” (priests, deacons, consecrated men and women, lay men
and women)]
§2 The synod of Bishops meeting in extraordinary
general assembly for the purpose of dealing with matters which require speedy
resolution, is comprised for the most part, of Bishops who, by reason of the
office they hold, are designated by the special law of the synod; others are
appointed directly by the Roman Pontiff. Added to these are some members of
clerical religious institutes, elected in accordance with the same law.
§3 The synod of Bishops which meets in special
assembly is comprised of members chosen principally from those regions for
which the synod was convened, in accordance with the special law by which the
synod is governed.
Can. 347 §1 When the meeting of the
synod of Bishops is concluded by the Roman Pontiff, the function entrusted in
it to the Bishops and other members ceases.
§2 If the Apostolic See becomes vacant after the synod
has been convened or during its celebration, the meeting of the synod, and the
function entrusted in it to the members, is by virtue of the law itself
suspended, until the new Pontiff decrees either that the assembly is to be
dissolved or that it is to continue.
Can. 348 §1 There is to be a permanent
general secretariat of the synod, presided over by a Secretary general
appointed by the Roman Pontiff. The Secretary is to have the assistance of a
council of the secretariat, composed of Bishops, some elected by the synod of Bishops
itself in accordance with the special law, others appointed by the Roman
Pontiff. The function of all these persons ceases with the beginning of a new
general assembly.
§2 For each assembly of the synod of Bishops there are
one or more special secretaries, who are appointed by the Roman Pontiff. They
remain in office only until the end of the synod assembly.
Can. 349 The Cardinals of the Holy
Roman Church constitute a special College, whose prerogative it is to elect the
Roman Pontiff in accordance with the norms of a special law. The Cardinals are
also available to the Roman Pontiff, either acting collegially, when they are
summoned together to deal with questions of major importance, or acting
individually, that is, in the offices which they hold in assisting the Roman
Pontiff especially in the daily care of the universal Church.
Can. 350 §1 The College of Cardinals is
divided into three orders: the episcopal order, to which belong those Cardinals
to whom the Roman Pontiff assigns the title of a suburbicarian Church, and
eastern‑rite Patriarchs who are made members of the College of Cardinals;
the presbyteral order, and the diaconal order.
§2 Cardinal priests and Cardinal deacons are each assigned a title or a deaconry in Rome by the Roman Pontiff.
[A Rescript “ex audientia Ss.mi” of 26.VI.2018 coopted four Cardinals into the Order of
Bishops and made them equivalent to Cardinals who hold the title of a
suburbicarian Church, in derogation of cann. 350 §§1-2 and 352 §§2-3]
§3 Eastern Patriarchs within the College of Cardinals
have their patriarchal see as a title.
§4 The Cardinal Dean has the title of the diocese of
Ostia, together with that of any other Church to which he already has a title.
§5 By a choice made in Consistory and approved by the
Supreme Pontiff, Cardinal priests may transfer to another title; Cardinal
deacons may transfer to another deaconry and, if they have been a full ten
years in the diaconal order, to the presbyteral order: priority of order and of
promotion is to be observed.
§6 A Cardinal who by choice transfers from the
diaconal to the presbyteral order, takes precedence over all Cardinal priests
who were promoted to the Cardinalate after him.
Can. 351 §1 Those to be promoted
Cardinals are men freely selected by the Roman Pontiff, who are at least in the
order of priesthood and are truly outstanding in doctrine, virtue, piety and
prudence in practical matters; those who are not already Bishops must receive
episcopal consecration.
§2 Cardinals are created by decree of the Roman
Pontiff, which in fact is published in the presence of the College of
Cardinals. From the moment of publication, they are bound by the obligations
and they enjoy the rights defined in the law.
§3 A person promoted to the dignity of Cardinal, whose
creation the Roman Pontiff announces, but whose name he reserves in petto, is
not at that time bound by the obligations nor does he enjoy the rights of a
Cardinal. When his name is published by the Roman Pontiff, however, he is bound
by these obligations and enjoys these rights, but his right of precedence dates
from the day of the reservation in petto.
Can. 352 §1 The Dean presides over the
College of Cardinals. When he is unable to do so, the sub‑Dean takes his
place. The Dean, or the subDean, has no power of governance over the other
Cardinals, but is considered as first among equals.
§2 When the office of Dean is vacant, those Cardinals
who have a suburbicarian title, and only those, under the presidency of the sub‑Dean
if he is present, or of the oldest member, elect one of their number to act as
Dean of the College. They are to submit his name to the Roman Pontiff, to whom
it belongs to approve the person elected.
§3 In the same way as set out in §2, the sub‑Dean is elected, with the Dean presiding. It belongs to the Roman Pontiff to approve also the election of the sub‑Dean.
[See can. 350 §§1-2 above]
§4 If the Dean and sub‑Dean do not already have
a domicile in Rome, they acquire it there.
Can. 353 §1 Cardinals assist the
Supreme Pastor of the Church in collegial fashion particularly in Consistories,
in which they are gathered by order of the Roman Pontiff and under his
presidency. Consistories are either ordinary or extraordinary.
§2 In an ordinary Consistory all Cardinals, or at
least those who are in Rome, are summoned for consultation on certain grave
matters of more frequent occurrence, or for the performance of especially
solemn acts.
§3 All Cardinals are summoned to an extraordinary
Consistory, which takes place when the special needs of the Church and more
serious matters suggest it.
§4 Only an ordinary Consistory in which certain
solemnities are celebrated, can be public, that is when, in addition to the
Cardinals, Prelates, representatives of civil states and other invited persons
are admitted.
Can. 354 Cardinals who head the
departments and other permanent sections of the Roman Curia and of Vatican
City, who have completed their seventy‑fifth year, are requested to offer
their resignation from office to the Roman Pontiff, who will consider all the
circumstances and make provision accordingly.
Can. 355 §1 It belongs to the Cardinal
Dean to ordain the elected Roman Pontiff a Bishop, if he is not already
ordained. If the Dean is prevented from doing so, the same right belongs to the
sub‑Dean or, if he is prevented, to the senior Cardinal of the episcopal
order.
§2 The senior Cardinal Deacon announces the name of
the newly elected Supreme Pontiff to the people. Acting in place of the Roman
Pontiff, he also confers the pallium on metropolitan Bishops or gives the
pallium to their proxies.
Can. 356 Cardinals have the
obligation of cooperating closely with the Roman Pontiff. For this reason,
Cardinals who have any office in the Curia and are not diocesan Bishops, are
obliged to reside in Rome. Cardinals who are in charge of a diocese as diocesan
Bishops, are to go to Rome whenever summoned by the Roman Pontiff.
Can. 357 §1 When a Cardinal has taken
possession of a suburbicarian Church or of a titular Church in Rome, he is to
further the good of the diocese or church by counsel and patronage. However, he
has no power of governance over it, and he should not for any reason interfere
in matters concerning the administration of its goods, or its discipline, or
the service of the church.
§2 Cardinals living outside Rome and outside their own
diocese, are exempt in what concerns their person from the power of governance
of the Bishop of the diocese in which they are residing.
Can. 358 A Cardinal may be deputed
by the Roman Pontiff to represent him in some solemn celebration or assembly of
persons as a ‘Legatus a latere’, that is, as his alter ego; or he may, as a
special emissary, be entrusted with a particular pastoral task. A Cardinal thus
nominated is entitled to deal only with those affairs which have been entrusted
to him by the Roman Pontiff himself.
Can. 359 When the Apostolic See is
vacant, the College of Cardinals has only that power in the Church which is
granted to it by special law.
Can. 360 The Supreme Pontiff usually conducts the business of the universal Church through the Roman Curia, which acts in his name and with his authority for the good and for the service of the Churches. The Curia is composed of the Secretariat of State or Papal Secretariat, the Council for the public affairs of the Church, the Congregations*, the Tribunals and other Institutes. The constitution and competence of all these is defined by special law.
[See m.p. Praedicate Evangelium, reorganising the
Roman Curia, 19.III.2022]
[*“Congregations” are now called “Dicasteries”]
Can. 361 In this Code the terms
Apostolic See or Holy See mean not only the Roman Pontiff, but also, unless the
contrary is clear from the nature of things or from the context, the
Secretariat of State, the Council for the public affairs of the Church, and the
other Institutes of the Roman Curia.
Can. 362 The Roman Pontiff has an
inherent and independent right to appoint Legates and to send them either to
particular Churches in various countries or regions, or at the same time to
States and to public Authorities. He also has the right to transfer or recall
them, in accordance with the norms of international law concerning the mission
and recall of representatives accredited to States.
Can. 363 §1 To Legates of the Roman
Pontiff is entrusted the office of representing in a stable manner the person
of the Roman Pontiff in the particular Churches, or also in the States and
public Authorities, to whom they are sent.
§2 Those also represent the Apostolic See who are
appointed to pontifical Missions as Delegates or Observers at international
Councils or at Conferences and Meetings.
Can. 364 The principal task of a
Papal Legate is continually to make more firm and effective the bonds of unity
which exist between the Holy See and the particular Churches. Within the
territory assigned to him, it is therefore the responsibility of a Legate:
1° to inform the Apostolic See about the conditions in
which the particular Churches find themselves, as well as about all matters
which affect the life of the Church and the good of souls;
2° to assist the Bishops by action and advice, while
leaving intact the exercise of their lawful power;
3° to foster close relations with the Episcopal
Conference, offering it every assistance;
4° in connection with the appointment of Bishops, to
send or propose names of candidates to the Apostolic See, as well as to prepare
the informative process about those who may be promoted, in accordance with the
norms issued by the Apostolic See;
5° to take pains to promote whatever may contribute to
peace, progress and the united efforts of peoples;
6° to work with the Bishops to foster appropriate
exchanges between the Catholic Church and other Churches or ecclesial
communities, and indeed with non‑Christian religions;
7° to work with the Bishops to safeguard, so far as
the rulers of the State are concerned, those things which relate to the mission
of the Church and of the Apostolic See;
8° to exercise the faculties and carry out the other
instructions which are given to him by the Apostolic See.
Can. 365 §1 A papal Legate who at the
same time acts as envoy to the State according to international law, has in
addition the special role:
1° of promoting and fostering relationships between
the Apostolic See and the Authorities of the State;
2° of dealing with questions concerning relations
between Church and State, especially, of drawing up concordats and other
similar agreements, and giving effect to them.
§2 As circumstances suggest, in the matters mentioned
in §1, the papal Legate is not to omit to seek the opinion and counsel of the
Bishops of the ecclesiastical jurisdiction and to keep them informed of the
course of events.
Can. 366 Given the special nature of
a Legate’s role:
1° the papal Legation is exempt from the power of
governance of the local Ordinary, except for the celebration of marriages;
2° the papal Legate has the right to perform
liturgical celebrations, even in pontificalia, in all churches of the territory
of his legation; as far as it is possible, he is to give prior notice to the
local Ordinary.
Can. 367 The office of papal Legate
does not cease when the Apostolic See is vacant, unless otherwise specified in
the pontifical Letters; it does cease, however, on the expiry of the mandate,
on receipt by him of notification of recall, and on acceptance of his
resignation by the Roman Pontiff.
[See m.p. Learn to take your leave, 12.II.2018, art. 3: “Pontifical Representatives do not ipso facto cede
their office upon reaching seventy-five years of age, but in this circumstance
must present their resignation to the Supreme Pontiff”]
Can. 368 Particular Churches, in
which and from which the one and only Catholic Church exists, are principally
dioceses. Unless the contrary is clear, the following are equivalent to a
diocese: a territorial prelature, a territorial abbacy, a vicariate apostolic,
a prefecture apostolic and a permanently established apostolic administration.
Can. 369 A diocese is a portion of
the people of God, which is entrusted to a Bishop to be nurtured by him, with
the cooperation of the presbyterium,
in such a way that, remaining close to its pastor and gathered by him through
the Gospel and the Eucharist in the Holy Spirit, it constitutes a particular
Church. In this Church, the one, holy, Catholic and apostolic Church of Christ
truly exists and functions.
Can. 370 A territorial prelature or
abbacy is a certain portion of the people of God, territorially defined, the
care of which is for special reasons entrusted to a Prelate or an Abbot, who
governs it, in the manner of a diocesan Bishop, as its proper pastor.
Can. 371 §1 A vicariate apostolic or a
prefecture apostolic is a certain portion of the people of God, which for
special reasons is not yet constituted a diocese, and which is entrusted to the
pastoral care of a Vicar apostolic or a Prefect apostolic, who governs it in
the name of the Supreme Pontiff.
§2 An apostolic administration is a certain portion of
the people of God which, for special and particularly serious reasons, is not
yet established by the Supreme Pontiff as a diocese, and whose pastoral care is
entrusted to an apostolic Administrator, who governs it in the name of the
Supreme Pontiff.
Can. 372 §1 As a rule, that portion of
the people of God which constitutes a diocese or other particular Church is to
have a defined territory, so that it comprises all the faithful who live in
that territory.
§2 If however, in the judgement of the supreme
authority in the Church, after consultation with the Episcopal Conferences
concerned, it is thought to be helpful, there may be established in a given
territory particular Churches distinguished by the rite of the faithful or by
some other similar quality.
Can. 373 It is within the competence
of the supreme authority alone to establish particular Churches; once they are
lawfully established, the law itself gives them juridical personality.
Can. 374 §1 Each diocese or other
particular Church is to be divided into distinct parts or parishes.
§2 To foster pastoral care by means of common action,
several neighbouring parishes can be joined together in special groups, such as
vicariates forane.
Can. 375 §1 By divine institution,
Bishops succeed the Apostles through the Holy Spirit who is given to them. They
are constituted Pastors in the Church, to be the teachers of doctrine, the
priests of sacred worship and the ministers of governance.
§2 By their episcopal consecration, Bishops receive,
together with the office of sanctifying, the offices also of teaching and of
ruling, which however, by their nature, can be exercised only in hierarchical
communion with the head of the College and its members.
Can. 376 Bishops to whom the care of
a given diocese is entrusted are called diocesan Bishops; the others are called
titular Bishops.
Can. 377 §1 The Supreme Pontiff freely
appoints Bishops or confirms those lawfully elected.
§2 At least every three years, the Bishops of an
ecclesiastical province or, if circumstances suggest it, of an Episcopal
Conference, are to draw up, by common accord and in secret, a list of priests,
even of members of institutes of consecrated life, who are suitable for the
episcopate; they are to send this list to the Apostolic See. This is without
prejudice to the right of every Bishop individually to make known to the
Apostolic See the names of priests whom he thinks are worthy and suitable for
the episcopal office.
§3 Unless it has been lawfully prescribed otherwise,
for the appointment of a diocesan Bishop or a coadjutor Bishop, a ternus, as it
is called, is to be proposed to the Apostolic See. In the preparation of this
list, it is the responsibility of the papal Legate to seek individually the
suggestions of the Metropolitan and of the Suffragans of the province to which
the diocese in question belongs or with which it is joined in some grouping, as
well as the suggestions of the president of the Episcopal Conference. The papal
Legate is, moreover, to hear the views of some members of the college of
consultors and of the cathedral chapter. If he judges it expedient, he is also
to seek individually, and in secret, the opinions of other clerics, both
secular and religious, and of lay persons of outstanding wisdom. He is then to
send these suggestions, together with his own opinion, to the Apostolic See.
§4 Unless it has been lawfully provided otherwise, the
diocesan Bishop who judges that his diocese requires an auxiliary Bishop, is to
propose to the Apostolic See a list of the names of at least three priests
suitable for this office .
§5 For the future, no rights or privileges of
election, appointment, presentation or designation of Bishops are conceded to
civil authorities.
Can. 378 §1 To be a suitable candidate
for the episcopate, a person must:
1° be outstanding in strong faith, good morals, piety,
zeal for souls, wisdom, prudence and human virtues, and possess those other
gifts which equip him to fulfil the office in question;
2° be held in good esteem;
3° be at least 35 years old;
4° be a priest ordained for at least five years;
5° hold a doctorate or at least a licentiate in sacred
Scripture, theology or canon law, from an institute of higher studies approved
by the Apostolic See, or at least be well versed in these disciplines.
§2 The definitive judgement on the suitability of the
person to be promoted rests with the Apostolic See.
Can. 379 Unless prevented by a
lawful reason, one who is promoted to the episcopate must receive episcopal
consecration within three months of receiving the apostolic letters, and in
fact before he takes possession of his office.
Can. 380 Before taking canonical
possession of his office, he who has been promoted is to make the profession of
faith and take the oath of fidelity to the Apostolic See, in accordance with
the formula approved by the same Apostolic See.
Can. 381 §1 In the diocese entrusted to
his care, the diocesan Bishop has all the ordinary, proper and immediate power
required for the exercise of his pastoral office, except in those matters which
the law or a decree of the Supreme Pontiff reserves to the supreme or to some
other ecclesiastical authority.
§2 Those who are at the head of the other communities
of the faithful mentioned in can. 368, are equivalent in law to the diocesan
Bishop unless the contrary is clear from the nature of things or from a
provision of the law.
Can. 382 §1 A person who is promoted to
the episcopate cannot become involved in the exercise of the office entrusted
to him before he has taken canonical possession of the diocese. However, he is
able to exercise offices which he already held in the same diocese at the time
of his promotion, without prejudice to can. 409 §2.
§2 Unless he is lawfully impeded, one who is not
already consecrated a Bishop and is now promoted to the office of diocesan
Bishop, must take canonical possession of his diocese within four months of
receiving the apostolic letters. If he is already consecrated, he must take
possession within two months of receiving the apostolic letters.
§3 A Bishop takes canonical possession of his diocese
when, personally or by proxy, he shows the apostolic letters to the college of
consultors, in the presence of the chancellor of the curia, who makes a record
of the fact. This must take place within the diocese. In dioceses which are
newly established he takes possession when he communicates the same letters to
the clergy and the people in the cathedral church, with the senior of the
priests present making a record of the fact.
§4 It is strongly recommended that the taking of
canonical possession be performed with a liturgical act in the cathedral
church, in the presence of the clergy and the people.
Can. 383 §1 In exercising his pastoral
office, the diocesan Bishop is to be solicitous for all Christ’s faithful
entrusted to his care, whatever their age, condition or nationality, whether
they live in the territory or are visiting there. He is to show an apostolic
spirit also to those who, because of their condition of life, are not
sufficiently able to benefit from ordinary pastoral care, and to those who have
lapsed from religious practice.
§2 If he has faithful of a different rite in his
diocese, he is to provide for their spiritual needs either by means of priests
or parishes of the same rite, or by an episcopal Vicar.
§3 He is to act with humanity and charity to those who
are not in full communion with the Catholic Church; he should also foster
ecumenism as it is understood by the Church.
§4 He is to consider the non‑baptised as
commended to him in the Lord, so that the charity of Christ, of which the
Bishop must be a witness to all, may shine also on them.
Can. 384 He is to have a special
concern for the priests, to whom he is to listen as his helpers and
counsellors. He is to defend their rights and ensure that they fulfil the
obligations proper to their state. He is to see that they have the means and
the institutions needed for the development of their spiritual and intellectual
life. He is to ensure that they are provided with adequate means of livelihood
and social welfare, in accordance with the law.
Can. 385 He must in a very special
way foster vocations to the various ministries and to consecrated life, having
a special care for priestly and missionary vocations.
Can. 386 §1 The diocesan Bishop is
bound to teach and illustrate to the faithful the truths of faith which are to
be believed and applied to behaviour. He is himself to preach frequently. He is
also to ensure that the provisions of the canons on the ministry of the word,
especially on the homily and catechetical instruction, are faithfully observed,
so that the whole of Christian teaching is transmitted to all.
§2 By whatever means seem most appropriate, he is
firmly to defend the integrity and unity of the faith to be believed. However,
he is to acknowledge a just freedom in the further investigation of truths.
Can. 387 Mindful that he is bound to
give an example of holiness, charity, humility and simplicity of life, the
diocesan Bishop is to seek in every way to promote the holiness of Christ’s
faithful according to the special vocation of each. Since he is the principal
dispenser of the mysteries of God, he is to strive constantly that Christ’s
faithful entrusted to his care may grow in grace through the celebration of the
sacraments, and may know and live the paschal mystery.
Can. 388 §1 After he has taken
possession of the diocese, the diocesan Bishop must apply the Mass for the
people entrusted to him on each Sunday and on each holyday of obligation in his
region.
§2 The Bishop must himself celebrate and apply the
Mass for the people on the days mentioned in §1; if, however, he is lawfully
impeded from so doing, he is to have someone else do so on those days, or do so
himself on other days.
§3 A Bishop who, in addition to his own, is given
another diocese, even as administrator, satisfies the obligation by applying
one Mass for all the people entrusted to him.
§4 A Bishop who has not satisfied the obligation
mentioned in §§1‑3, is to apply as soon as possible as many Masses for
the people as he has omitted.
Can. 389 He is frequently to preside
at the Eucharistic celebration in the cathedral church or in some other church
of his diocese, especially on holydays of obligation and on other solemnities.
Can. 390 The diocesan Bishop may use
pontificalia throughout his diocese. He may not do so outside his diocese
without the consent of the local Ordinary, either expressly given or at least
reasonably presumed.
Can. 391 §1 The diocesan Bishop governs
the particular Church entrusted to him with legislative, executive and judicial
power, in accordance with the law.
§2 The Bishop exercises legislative power himself. He
exercises executive power either personally or through Vicars general or
episcopal Vicars, in accordance with the law. He exercises judicial power
either personally or through a judicial Vicar and judges, in accordance with
the law.
Can. 392 §1 Since the Bishop must
defend the unity of the universal Church, he is bound to foster the discipline
which is common to the whole Church, and so press for the observance of all
ecclesiastical laws.
§2 He is to ensure that abuses do not creep into
ecclesiastical discipline, especially concerning the ministry of the word, the
celebration of the sacraments and sacramentals, the worship of God and the cult
of the saints, and the administration of goods.
Can. 393 In all juridical
transactions of the diocese, the diocesan Bishop acts in the person of the
diocese.
Can. 394 §1 The Bishop is to foster
various forms of the apostolate in his diocese and is to ensure that throughout
the entire diocese, or in its particular districts, all works of the apostolate
are coordinated under his direction, with due regard for the character of each
apostolate.
§2 He is to insist on the faithful’s obligation to
exercise the apostolate according to the condition and talents of each. He is
to urge them to take part in or assist various works of the apostolate,
according to the needs of place and time.
Can. 395 §1 The diocesan Bishop is
bound by the law of personal residence in his diocese, even if he has a
coadjutor or auxiliary Bishop.
§2 Apart from the visit ‘ad limina’, attendance at
councils or at the synod of Bishops or at the Episcopal Conference, at which he
must be present, or by reason of another office lawfully entrusted to him, he
may be absent from the diocese, for a just reason, for not longer than one
month, continuously or otherwise, provided he ensures that the diocese is not
harmed by this absence.
§3 He is not to be absent from his diocese on
Christmas Day, during Holy Week, or on Easter Sunday, Pentecost and Corpus
Christi, except for a grave and urgent reason.
§4 If the Bishop is unlawfully absent from the diocese
for more than six months, the Metropolitan is to notify the Holy See. If it is
the Metropolitan who is absent, the senior suffragan is to do the same.
Can. 396 §1 The Bishop is bound to
visit his diocese in whole or in part each year, so that at least every five
years he will have visited the whole diocese, either personally or, if he is
lawfully impeded, through the coadjutor or auxiliary Bishop, the Vicar general,
an episcopal Vicar or some other priest.
§2 The Bishop has a right to select any clerics he
wishes as his companions and helpers in a visitation, any contrary privilege or
custom being reprobated.
Can. 397 §1 Persons, Catholic
institutes, pious objects and places within the boundaries of the diocese, are
subject to ordinary episcopal visitation.
§2 The Bishop may visit the members of religious
institutes of pontifical right and their houses only in the cases stated in the
law.
Can. 398 The Bishop is to endeavour
to make his pastoral visitation with due diligence. He is to ensure that he is
not a burden to anyone on the ground of undue expense.
Can. 399 §1 Every five years the
diocesan Bishop is bound to submit to the Supreme Pontiff a report on the state
of the diocese entrusted to him, in the form and at the time determined by the
Apostolic See.
§2 If the year assigned for submitting this report
coincides in whole or in part with the first two years of his governance of the
diocese, for that occasion the Bishop need not draw up and submit the report.
[See Praedicate Evangelium, 19.III.2022, arts. 38-42, on visits ad limina]
[See also the Final Document of the XVI Ordinary General Assembly of the Synod of Bishops, 24.XI.2024, nos. 101, 125c), and 135, and the Accompanying Note by Pope Francis]
Can. 400 §1 Unless the Apostolic See
has decided otherwise, in the year in which he is bound to submit the report to
the Supreme Pontiff, the diocesan Bishop is to go to Rome to venerate the tombs
of the Blessed Apostles Peter and Paul, and to present himself to the Roman
Pontiff.
§2 The Bishop is to satisfy this obligation
personally, unless he is lawfully impeded; in which case he is to satisfy the
obligation through the coadjutor, if he has one, or the auxiliary, or a
suitable priest of his presbyterium
who resides in his diocese.
§3 A Vicar apostolic can satisfy this obligation
through a proxy, even through one residing in Rome. A Prefect apostolic is not
bound by this obligation.
Can. 401 §1 A diocesan Bishop who has
completed his seventy‑fifth year of age is requested to offer his
resignation from office to the Supreme Pontiff, who, taking all the
circumstances into account, will make provision accordingly.
§2 A diocesan Bishop who, because of illness or some other grave reason, has become unsuited for the fulfilment of his office, is earnestly requested to offer his resignation from office.
[See m.p. Learn to take your leave, 12.II.2018:
Art. 1. Upon reaching 75 years of age, diocesan and eparchial Bishops, and
those deemed equivalent to them according to canons 381 §2 CIC and 313 CCEO, as
well as Coadjutor and Auxiliary Bishops or holders of special pastoral
responsibilities, are invited to present to the Supreme Pontiff their
resignation from pastoral office.
Art. 2. Upon reaching 75 years of age, non-Cardinal Dicastery Heads of the
Roman Curia, Superior Prelates of the Roman Curia and Bishops holding other
offices of the Holy See, do not ipso facto cede their office, but must present
their resignation to the Supreme Pontiff.
Art. 3. Likewise, Pontifical Representatives do not ipso facto cede their
office upon reaching seventy-five years of age, but in this circumstance must
present their resignation to the Supreme Pontiff.
Art. 4. To be effective, resignation pursuant to articles 1-3 must be accepted
by the Supreme Pontiff, who will decide by evaluating the concrete
circumstances.
Art. 5. Once the resignation is presented, the office relative to articles 1-3
will be extended until acceptance of the resignation is communicated to the
interested party, for a fixed or unspecified time, contrary to the general
terms established by canons 189 §3 CIC and 970 §1 CCEO.]
Can. 402 §1 A Bishop whose resignation from office has been accepted, acquires the title ‘emeritus’ of his diocese. If he so wishes, he may have a residence in the diocese unless, because of special circumstances in certain cases, the Apostolic See provides otherwise.
[See Authentic Interpretation of canon
402 §1, 10.X.1991,
allowing emeritus bishops to be elected as members]
§2 The Episcopal Conference must ensure that suitable
and worthy provision is made for the upkeep of a Bishop who has resigned,
bearing in mind the primary obligation which falls on the diocese which he
served.
Article 3: Coadjutor and Auxiliary Bishops
Can. 403 §1 When the pastoral needs of
the diocese require it, one or more auxiliary Bishops are to be appointed at
the request of the diocesan Bishop. An auxiliary Bishop does not have the right
of succession.
§2 In more serious circumstances, even of a personal
nature, the diocesan Bishop may be given an auxiliary Bishop with special
faculties.
§3 If the Holy See considers it more opportune, it can
ex officio appoint a coadjutor Bishop, who also has special faculties. A
coadjutor Bishop has the right of succession.
Can. 404 §1 The coadjutor Bishop takes
possession of his office when, either personally or by proxy, he shows the
apostolic letters of appointment to the diocesan Bishop and the college of
consultors, in the presence of the chancellor of the curia, who makes a record
of the fact.
§2 An auxiliary Bishop takes possession of his office
when he shows his apostolic letters of appointment to the diocesan Bishop, in
the presence of the chancellor of the curia, who makes a record of the fact.
§3 If the diocesan Bishop is wholly impeded, it is
sufficient that either the coadjutor Bishop or the auxiliary Bishop show their
apostolic letters of appointment to the college of consultors, in the presence
of the chancellor of the curia.
Can. 405 §1 The coadjutor Bishop and
the auxiliary Bishop have the obligations and the rights which are determined
by the provisions of the following canons and defined in their letters of
appointment.
§2 The coadjutor Bishop, or the auxiliary Bishop
mentioned in can. 403 §2, assists the diocesan Bishop in the entire governance
of the diocese, and takes his place when he is absent or impeded.
Can. 406 §1 The coadjutor Bishop, and
likewise the auxiliary Bishop mentioned in can. 403 §2, is to be appointed a
Vicar general by the diocesan Bishop. The diocesan Bishop is to entrust to him,
in preference to others, those things which by law require a special mandate.
§2 Unless the apostolic letters provide otherwise, and
without prejudice to the provision of §1, the diocesan Bishop is to appoint his
auxiliary or auxiliaries as Vicar general or at least episcopal Vicar, in
dependence solely on his authority, or on that of the coadjutor Bishop or of
the auxiliary Bishop mentioned in can. 403 §2.
[No. 71 c) of the Directory Apostolorum Successores, 22.II.2004, clarifies that the diocesan Bishop should not entrust the auxiliary Bishop with the care of a parish or with tasks of a purely marginal or occasional nature]
Can. 407 §1 For the greatest present
and future good of the diocese, the diocesan Bishop, the coadjutor and the
auxiliary Bishop mentioned in can. 403 §2, are to consult with each other on
matters of greater importance.
§2 In assessing matters of greater importance,
particularly those of a pastoral nature, the diocesan Bishop is to consult the
auxiliary Bishop before all others.
§3 The coadjutor Bishop and the auxiliary Bishop,
since they are called to share in the cares of the diocesan Bishop, should so
exercise their office that they act and think in accord with him.
Can. 408 §1 As often as they are
requested to do so by the diocesan Bishop, a coadjutor Bishop and an auxiliary
Bishop who are not lawfully impeded, are obliged to perform those pontifical
and other functions to which the diocesan Bishop is bound.
§2 Those episcopal rights and functions which the
coadjutor can exercise are not habitually to be entrusted to another by the
diocesan Bishop.
Can. 409 §1 When the episcopal see
falls vacant, the coadjutor immediately becomes the Bishop of the diocese for
which he was appointed, provided he has lawfully taken possession.
§2 Unless the competent authority has provided
otherwise, when the episcopal see is vacant and until the new Bishop takes
possession of the see, the auxiliary Bishop retains all and only those powers
and faculties which he had as Vicar general or as episcopal Vicar when the see
was occupied. If he is not appointed to the office of diocesan Administrator,
he is to exercise this same power of his, conferred by the law, under the
authority of the diocesan Administrator, who governs the diocese.
Can. 410 The coadjutor Bishop and
the auxiliary Bishop are bound, like the diocesan Bishop, to reside in the
diocese. Other than for the fulfilment of some duty outside the diocese, or for
holidays, which are not to be longer than one month, they may not be away from
the diocese except for a brief period.
Can. 411 The provisions of cann. 401 and 402 §2, concerning resignation from office, apply also to a coadjutor and an auxiliary Bishop.
[NB see m.p. Learn to take your leave, 12.II.2018, art. 5 (cf. can. 401)]
Can. 412 The episcopal see is
understood to be impeded if the diocesan Bishop is completely prevented from
exercising the pastoral office in the diocese by reason of imprisonment,
banishment, exile or incapacity, so that he is unable to communicate, even by
letter, with the people of his diocese.
Can. 413 §1 Unless the Holy See has
provided otherwise, when a see is impeded, the governance of the diocese
devolves on the coadjutor Bishop, if there is one. If there is no coadjutor, or
if he is impeded, it devolves upon the auxiliary Bishop, or the Vicar general,
or the episcopal Vicar, or another priest: the order of persons to be followed
is to be that determined in the list which the diocesan Bishop is to draw up as
soon as possible after taking possession of his diocese. This list, which is to
be communicated to the Metropolitan, is to be revised at least every three
years, and kept under secrecy by the chancellor.
§2 If there is no coadjutor Bishop or if he is
impeded, and the list mentioned in §1 is not at hand, it is the responsibility
of the college of consultors to elect a priest who will govern the diocese.
§3 The person who undertakes the governance of the
diocese according to the norms of §§1 or 2, is to notify the Holy See as soon
as possible that the see is impeded and that he has undertaken the office.
Can. 414 Whoever is called, in
accordance with can. 413, to exercise the pastoral care of the diocese for the
time being, that is, only for the period during which the see is impeded, is in
his pastoral care of the diocese bound by the obligations, and has the power,
which by law belong to the diocesan Administrator.
Can. 415 If the diocesan Bishop is
prohibited from exercising his office by reason of an ecclesiastical penalty,
the Metropolitan is to refer the matter at once to the Holy See, so that it may
make provision; if there is no Metropolitan, or if he is the one affected by
the penalty, it is the suffragan senior by promotion who is to refer the
matter.
Can. 416 The episcopal see becomes
vacant by the death of the diocesan Bishop, by his resignation accepted by the
Holy See, by transfer, or by deprivation notified to the Bishop.
Can. 417 Until they have received
certain notification of the Bishop’s death, all actions taken by the Vicar
general or the episcopal Vicar have effect. Until they have received certain
notification of the aforementioned papal acts, the same is true of actions taken
by the diocesan Bishop, the Vicar general or the episcopal Vicar.
Can. 418 §1 Within two months of
receiving certain notification of transfer, the Bishop must proceed to the
diocese to which he has been transferred and take canonical possession of it.
On the day on which he takes possession of the new diocese, the diocese from which
he has been transferred becomes vacant.
§2 In the period between receiving certain
notification of the transfer and taking possession of the new diocese, in the
diocese from which he is being transferred the Bishop:
1° has the power, and is bound by the obligations, of
a diocesan Administrator; all powers of the Vicar general and of the episcopal
Vicar cease, without prejudice to can. 409 §2;
2° receives the full remuneration proper to the
office.
Can. 419 While the see is vacant and
until the appointment of a diocesan Administrator, the governance of the
diocese devolves upon the auxiliary Bishop. If there are a number of auxiliary
Bishops, it devolves upon the senior by promotion. If there is no auxiliary
Bishop, it devolves upon the college of consultors, unless the Holy See has
provided otherwise. The one who thus assumes the governance of the diocese must
without delay convene the college which is competent to appoint a diocesan
Administrator.
Can. 420 Unless the Holy See has
prescribed otherwise, when the see is vacant in a vicariate or a prefecture
apostolic, the governance is assumed by the Pro‑Vicar or Pro‑Prefect
who was designated for this sole purpose by the Vicar or Prefect immediately
upon taking possession.
Can. 421 §1 Within eight days of
receiving notification of the vacancy of an episcopal see, a diocesan
Administrator is to be elected by the college of consultors, to govern the
diocese for the time being, without prejudice to the provisions of can. 502 §3.
§2 If, for any reason, the diocesan Administrator is
not lawfully elected within the prescribed time, his appointment devolves upon
the Metropolitan. If the metropolitan see is itself vacant, or if both the
metropolitan see and a suffragan see are vacant, the appointment devolves on
the suffragan who is senior by promotion.
Can. 422 The auxiliary Bishop or, if
there is none, the college of consultors, must as soon as possible notify the
Apostolic See of the death of the Bishop. The person elected as diocesan
Administrator must as soon as possible notify the Apostolic See of his election.
Can. 423 §1 Only one diocesan
Administrator is to be appointed, contrary customs being reprobated; otherwise
the election is invalid.
§2 The diocesan Administrator is not to be at the same
time the financial administrator. Accordingly, if the financial administrator
of the diocese is elected Administrator, the finance committee is to elect
another temporary financial administrator.
Can. 424 The diocesan Administrator
is to be elected according to the norms of cann. 165‑178.
Can. 425 §1 Only a priest who has
completed his thirty‑fifth year of age, and has not already been elected,
appointed or presented for the same see, can validly be deputed to the office
of diocesan Administrator.
§2 As diocesan Administrator a priest is to be elected
who is outstanding for doctrine and prudence.
§3 If the conditions prescribed in §1 have not been
observed, the Metropolitan or, if the metropolitan see itself is vacant, the
suffragan senior by promotion, having verified the truth of the matter, is to
appoint an Administrator for that occasion. The acts of a person elected
contrary to the provisions of §1 are by virtue of the law itself invalid.
Can. 426 Whoever governs the diocese
before the appointment of the diocesan Administrator, has the power which the
law gives to a Vicar general.
Can. 427 §1 The diocesan Administrator
is bound by the obligations and enjoys the power of a diocesan Bishop,
excluding those matters which are excepted by the nature of things or by the
law itself.
[No. 240 of the Directory Apostolorum Successores, 22.II.2004, clarifies that the diocesan administrator assumes ordinary power over the diocese. Nos. 241 and 242 set out his duties and the limits of his power. He has ipso iure the faculty of administering the sacrament of confirmation in his diocese and of granting this right to other priests: see Notitiae 35 (1999), 160]
§2 The diocesan Administrator obtains his power on his
acceptance of the election, without the need of confirmation from anyone, but
without prejudice to the provision of can. 833, n. 4.
Can. 428 §1 While the see is vacant, no
innovation is to be made.
§2 Those who have the interim governance of the
diocese are forbidden to do anything which could in any way prejudice the
rights of the diocese or of the Bishop. Both they, and in like manner any other
persons, are specifically forbidden to remove, destroy or in any way alter
documents of the diocesan curia, either personally or through another.
Can. 429 The diocesan Administrator
is bound by the obligations of residing in the diocese, and of applying the
Mass for the people in accordance with can. 388.
Can. 430 §1 The office of the diocesan
Administrator ceases when the new Bishop takes possession of the diocese.
§2 Removal of the diocesan Administrator is reserved
to the Holy See. Should he perchance resign, the resignation is to be submitted
in authentic form to the college which is competent to elect, but it does not
require acceptance by the college. If the diocesan Administrator is removed,
resigns or dies, another diocesan Administrator is to be elected in accordance
with can. 421.
Can. 431 Neighbouring particular
Churches are to be grouped into ecclesiastical provinces, with a certain
defined territory. The purpose of this grouping is to promote, according to the
circumstances of persons and place, a common pastoral action of various neighbouring
dioceses, and the more closely to foster relations between diocesan Bishops.
§2 From now onwards, as a rule, there are to be no
exempt dioceses. Accordingly, individual dioceses and other particular Churches
which exist within the territory of an ecclesiastical province, must be
included in that ecclesiastical province.
§3 It is the exclusive prerogative of the supreme
authority in the Church, after consulting the Bishops concerned, to establish,
suppress or alter ecclesiastical provinces.
Can. 432 §1 The provincial council and
the Metropolitan have authority over the ecclesiastical province, in accordance
with the law.
§2 By virtue of the law, an ecclesiastical province
has juridical personality.
Can. 433 §1 If it seems advantageous,
especially in countries where there are very many particular Churches, the Holy
See can, on the proposal of the Episcopal Conference, join together
neighbouring provinces into ecclesiastical regions.
§2 An ecclesiastical region can be constituted a
juridical person.
Can. 434 It is for a meeting of the Bishops of an ecclesiastical region to foster cooperation and common pastoral action in the region. However the powers given to Episcopal Conferences in the canons of this Code do not belong to such a meeting, unless some of these powers have been specially granted to it by the Holy See.
[An Authentic Interpretation of canon
434, 23.V.1988
clarifies that an auxiliary bishop cannot undertake the role of president or
vice-president at such meetings]
Can. 435 An ecclesiastical province
is presided over by a Metropolitan, who is Archbishop in his own diocese. The
office of Metropolitan is linked to an episcopal see, determined or approved by
the Roman Pontiff.
Can. 436 §1 Within the suffragan
dioceses, the Metropolitan is competent:
1° to see that faith and ecclesiastical discipline are
carefully observed and to notify the Roman Pontiff if there be any abuses;
2° for a reason approved beforehand by the Apostolic
See, to conduct a canonical visitation if the suffragan Bishop has neglected
it;
3° to appoint a diocesan Administrator in accordance
with cann. 421 §2 and 425 §3.
§2 Where circumstances require it, the Apostolic See
can give the Metropolitan special functions and power, to be determined in
particular law.
§3 The Metropolitan has no other power of governance
over suffragan dioceses. He can, however, celebrate sacred functions in all
churches as if he were a Bishop in his own diocese, provided, if it is the
cathedral church, the diocesan Bishop has been previously notified.
Can. 437 §1 The Metropolitan is obliged
to request the pallium from the Roman Pontiff, either personally or by proxy,
within three months of his episcopal consecration or, if he has already been
consecrated, of his canonical appointment. The pallium signifies the power
which, in communion with the Roman Church, the Metropolitan possesses by law in
his own province.
§2 The Metropolitan can wear the pallium, in
accordance with the liturgical laws, in any church of the ecclesiastical
province over which he presides, but not outside the province, not even with
the assent of the diocesan Bishop.
§3 If the Metropolitan is transferred to another
metropolitan see, he requires a new pallium.
Can. 438 The title of Patriarch or
Primate gives a prerogative of honour, but in the Latin Church does not carry
with it any power of governance, except in certain matters where an apostolic
privilege or approved custom establishes otherwise.
Can. 439 §1 A plenary council for all
the particular Churches of the same Episcopal Conference is to be celebrated as
often as the Episcopal Conference, with the approval of the Apostolic See,
considers it necessary or advantageous.
[See no. 25 of the Directory Apostolorum Successores, 22.II.2004: “Before granting approval, the Apostolic See needs to know the precise motive for convoking the council and also the topics or subjects to be discussed”]
§2 The norm laid down in §1 is valid also for a
provincial council to be celebrated in an ecclesiastical province whose
boundaries coincide with the boundaries of the country.
Can. 440 §1 A provincial council, for
the various particular Churches of the same ecclesiastical province, is
celebrated as often as, in the judgement of the majority of the diocesan
Bishops of the province, it is considered opportune, without prejudice to can.
439 §2.
§2 A provincial council may not be called while the
metropolitan see is vacant.
Can. 441 It is the responsibility of
the Episcopal Conference:
1° to convene a plenary council;
2° to choose a place within the territory of the
Episcopal Conference for the celebration of the council;
3° to elect from among the diocesan Bishops a
president of the plenary council, who is to be approved by the Apostolic See;
4° to determine the order of business and the matters
to be considered, to announce when the plenary council is to begin and how long
it is to last, and to transfer, prorogue and dissolve it.
Can. 442 §1 It is the responsibility of
the Metropolitan, with the consent of the majority of the suffragan Bishops:
1° to convene a provincial council
2° to choose a place within the territory of the
province for the celebration of the provincial council;
3° to determine the order of business and the matters
to be considered, to announce when the provincial council is to begin and how
long it is to last, and to transfer, prorogue and dissolve it.
§2 It is the prerogative of the Metropolitan to
preside over the provincial council. If he is lawfully impeded from doing so,
it is the prerogative of a suffragan Bishop elected by the other suffragan
Bishops.
Can. 443 §1 The following have the
right to be summoned to particular councils and have the right to a
deliberative vote:
1° diocesan Bishops;
2° coadjutor and auxiliary Bishops
3° other titular Bishops who have been given a special
function in the territory, either by the Apostolic See or by the Episcopal
Conference.
§2 Other titular Bishops who are living in the
territory, even if they are retired, may be invited to particular councils;
they have the right to a deliberative vote.
§3 The following are to be invited to particular
councils, but with only a consultative vote:
1° Vicars general and episcopal Vicars of all the
particular Churches in the territory;
2° the major Superiors of religious institutes and
societies of apostolic life. Their number, for both men and women, is to be
determined by the Episcopal Conference or the Bishops of the province, and they
are to be elected respectively by all the major Superiors of institutes and
societies which have a centre in the territory;
3° the rectors of ecclesiastical and Catholic
universities which have a centre in the territory, together with the deans of
their faculties of theology and canon law;
4° some rectors of major seminaries, their number
being determined as in no. 2; they are to be elected by the rectors of
seminaries situated in the territory.
§4 Priests and others of Christ’s faithful may also be
invited to particular councils, but have only a consultative vote; their number
is not to exceed half of those mentioned in 1‑3.
§5 The cathedral chapter, the council of priests and
the pastoral council of each particular Church are to be invited to provincial
councils, but in such a way that each is to send two members, designated in a
collegial manner. They have only a consultative vote.
§6 Others may be invited to particular councils as
guests, if this is judged expedient by the Episcopal Conference for a plenary
council, or by the Metropolitan with the suffragan Bishops for a provincial
council.
Can. 444 §1 All who are summoned to
particular councils must attend, unless they are prevented by a just
impediment, of whose existence they are obliged to notify the president of the
council.
§2 Those who are summoned to a particular council in
which they have a deliberative vote, but who are prevented from attending
because of a just impediment, can send a proxy. The proxy, however, has only a
consultative vote.
Can. 445 A particular council is to
ensure that the pastoral needs of the people of God in its territory are
provided for. While it must always respect the universal law of the Church, it
has power of governance, especially legislative power. It can, therefore, determine
whatever seems opportune for an increase of faith, for the ordering of common
pastoral action, for the direction of morality and for the preservation,
introduction and defence of a common ecclesiastical discipline.
Can. 446 When a particular council
has concluded, the president is to ensure that all the acts of the council are
sent to the Apostolic See. The decrees drawn up by the council are not to be
promulgated until they have been reviewed by the Apostolic See. The council has
the responsibility of defining the manner in which the decrees will be
promulgated and the time when the promulgated decrees will begin to oblige.
[On the juridical nature and scope of the review (recognitio) see
Explanatory Note of the Pontifical
Council for Legislative Texts, 28.IV.2006]
[See also the Final Document of the XVI Ordinary General Assembly of the Synod of Bishops, 24.XI.2024, no. 129]
Can. 447 The Episcopal Conference, a
permanent institution, is the assembly of the Bishops of a country or of a
certain territory, exercising together certain pastoral offices for Christ’s
faithful of that territory. By forms and means of apostolate suited to the
circumstances of time and place, it is to promote, in accordance with the law,
that greater good which the Church offers to all people.
Can. 448 §1 As a general rule, the
Episcopal Conference includes those who preside over all the particular
Churches of the same country, in accordance with can. 450.
§2 An Episcopal Conference can, however, be
established for a territory of greater or less extent if the Apostolic See,
after consultation with the diocesan Bishops concerned, judges that
circumstances suggest this. Such a Conference would include only the Bishops of
some particular Churches in a certain territory, or those who preside over
particular Churches in different countries. It is for the Apostolic See to lay
down special norms for each case.
Can. 449 §1 It is for the supreme
authority of the Church alone, after consultation with the Bishops concerned,
to establish, suppress, or alter Episcopal Conferences.
§2 An Episcopal Conference lawfully established has
juridical personality by virtue of the law itself.
Can. 450 §1 By virtue of the law, the
following persons in the territory belong to the Episcopal Conference: all
diocesan Bishops and those equivalent to them in law; all coadjutor Bishops,
auxiliary Bishops and other titular Bishops who exercise in the territory a
special office assigned to them by the Apostolic See or by the Episcopal
Conference. Ordinaries of another rite may be invited, but have only a
consultative vote, unless the statutes of the Episcopal Conference decree
otherwise.
§2 The other titular Bishops and the Legate of the
Roman Pontiff are not by law members of the Episcopal Conference.
[In relation to religious superiors, an Explanatory Note of the Pontifical Council for Legislative Texts, 30.XI.1996, clarifies that those who are not bishops or equivalent in law to bishops are not to be allowed general and quasi-permanent membership of an Episcopal Conference]
Can. 451 Each Episcopal Conference
is to draw up its own statutes, to be reviewed by the Apostolic See. In these,
among other things, arrangements for the plenary meetings of the Conference are
to be set out, and provision is to be made for a permanent committee of
Bishops, and a general secretary of the Conference, and for other offices and
commissions by which, in the judgement of the Conference, its purpose can more
effectively be achieved.
Can. 452 §1 Each Episcopal Conference
is to elect its president and determine who, in the lawful absence of the
president, will exercise the function of vice‑president. It is also to
designate a general secretary, in accordance with the statutes.
§2 The president of the Conference or, when he is lawfully impeded, the vice‑president, presides not only over the general meetings of the Conference but also over the permanent committee.
[An Authentic Interpretation of canon
452, 23.V.1988
clarifies that an auxiliary bishop cannot undertake the role of president or
vice-president of an Episcopal Conference]
Can. 453 Plenary meetings of the
Episcopal Conference are to be held at least once a year, and moreover as often
as special circumstances require, in accordance with the provisions of the
statutes.
Can. 454 §1 By virtue of the law
diocesan Bishops, those equivalent to them in law and coadjutor Bishops have a
deliberative vote in plenary meetings of the Episcopal Conference.
§2 Auxiliary Bishops and other titular Bishops who
belong to the Episcopal Conference have a deliberative or consultative vote
according to the provisions of the statutes of the Conference. Only those
mentioned in §1, however, have a deliberative vote in the making or changing of
the statutes.
Can. 455 §1 The Episcopal Conference can make general decrees only in cases where the universal law has so prescribed, or by special mandate of the Apostolic See, either on its own initiative or at the request of the Conference itself.
[An Authentic Interpretation of canon
455 §1, 5.VII.1985
extends this to all normative acts in general, and to general executory decrees
in particular (not therefore singular decrees)]
§2 For the decrees mentioned in §1 validly to be
enacted at a plenary meeting, they must receive two thirds of the votes of
those who belong to the Conference with a deliberative vote. These decrees do
not oblige until they have been reviewed by the Apostolic See and lawfully
promulgated.
[On the juridical nature and scope of the review (recognitio) see Explanatory Note of the Pontifical Council for Legislative Texts, 28.IV.2006]
§3 The manner of promulgation and the time they come
into force are determined by the Episcopal Conference.
§4 In cases where neither the universal law nor a
special mandate of the Apostolic See gives the Episcopal Conference the power
mentioned in §1, the competence of each diocesan Bishop remains intact. In such
cases, neither the Conference nor its president can act in the name of all the
Bishops unless each and every Bishop has given his consent.
Can. 456 When a plenary meeting of
the Episcopal Conference has been concluded, its minutes are to be sent by the
president to the Apostolic See for information, and its decrees, if any, for
review.
[On the juridical nature and scope of the review (recognitio) see Explanatory Note of the Pontifical Council for Legislative Texts, 28.IV.2006]
Can. 457 The permanent committee of
Bishops is to prepare the agenda for the plenary meetings of the Conference,
and it is to ensure that the decisions taken at those meetings are duly
executed. It is also to conduct whatever other business is entrusted to it in
accordance with the statutes.
Can. 458 The general secretary is
to:
1° prepare an account of the acts and decrees of the
plenary meetings of the Conference, as well as the acts of the permanent
committee of Bishops and to communicate these to all members of the Conference;
also to record whatever other acts are entrusted to him by the president or the
permanent committee;
2° to communicate to neighbouring Episcopal
Conferences such acts and documents as the Conference at a plenary meeting or
the permanent committee of Bishops decides to send to them.
Can. 459 §1 Relations are to be
fostered between Episcopal Conferences, especially neighbouring ones, in order
to promote and defend whatever is for the greater good.
§2 The Apostolic See must be consulted whenever
actions or affairs undertaken by Conferences have an international character.
Can. 460 The diocesan synod is an
assembly of selected priests and other members of Christ’s faithful of a
particular Church which, for the good of the whole diocesan community, assists
the diocesan Bishop, in accordance with the following canons.
Can. 461 §1 The diocesan synod is to be
held in each particular Church when the diocesan Bishop, after consulting the
council of priests, judges that the circumstances suggest it.
§2 If a Bishop is responsible for a number of
dioceses, or has charge of one as his own and of another as Administrator, he
may convene one diocesan synod for all the dioceses entrusted to him.
Can. 462 §1 Only the diocesan Bishop
can convene a diocesan synod. A person who has interim charge of a diocese
cannot do so.
§2 The diocesan Bishop presides over the diocesan
synod. He may however, delegate a Vicar general or an episcopal Vicar to fulfil
this office at individual sessions of the synod.
Can. 463 §1 The following are to be
summoned to the diocesan synod as members and they are obliged to participate
in it:
1° the coadjutor Bishop and the auxiliary Bishops;
2° the Vicars general and episcopal Vicars, and the
judicial Vicar
3° the canons of the cathedral church;
4° the members of the council of priests;
5° lay members of Christ’s faithful, not excluding
members of institutes of consecrated life, to be elected by the pastoral
council in the manner and the number to be determined by the diocesan Bishop
or, where this council does not exist, on a basis determined by the diocesan
Bishop;
6° the rector of the major seminary of the diocese;
7° the vicars forane;
8° at least one priest from each vicariate forane to
be elected by all those who have the care of souls there; another priest is
also to be elected, to take the place of the first if he is prevented from
attending;
9° some Superiors of religious institutes and of
societies of apostolic life which have a house in the diocese: these are to be
elected in the number and the manner determined by the diocesan Bishop.
§2 The diocesan Bishop may also invite others to be
members of the diocesan synod, whether clerics or members of institutes of
consecrated life or lay members of the faithful.
§3 If the diocesan Bishop considers it opportune, he
may invite to the diocesan Synod as observers some ministers or members of
Churches or ecclesial communities which are not in full communion with the Catholic
Church.
Can. 464 A member of the synod who
is lawfully impeded from attending, cannot send a proxy to attend in his or her
place, but is to notify the diocesan Bishop of the reason for not attending.
Can. 465 All questions proposed are
to be subject to the free discussion of the members in the sessions of the
synod.
Can. 466 The diocesan Bishop is the
sole legislator in the diocesan synod. Other members of the synod have only a
consultative vote. The diocesan Bishop alone signs the synodal declarations and
decrees, and only by his authority may these be published.
Can. 467 The diocesan Bishop is to
communicate the text of the declarations and decrees of the synod to the
Metropolitan and to the Episcopal Conference.
Can. 468 §1 If he judges it prudent,
the diocesan Bishop can suspend or dissolve the diocesan synod.
§2 Should the episcopal see become vacant or impeded,
the diocesan synod is by virtue of the law itself suspended, until such time as
the diocesan Bishop who succeeds to the see decrees that it be continued or
declares it terminated.
Can. 469 The diocesan curia is
composed of those institutes and persons who assist the Bishop in governing the
entire diocese, especially in directing pastoral action, in providing for the
administration of the diocese, and in exercising judicial power.
Can. 470 The appointment of those
who fulfil an office in the diocesan curia belongs to the diocesan Bishop.
Can. 471 All who are admitted to an
office in the curia must:
1° promise to fulfil their office faithfully, as
determined by law or by the Bishop;
2° observe secrecy within the limits and according to the manner determined by law or by the Bishop.
[Vos estis lux mundi, 25.III.2023, art. 4 §1 states that to make a report pursuant to art. 3
of the same document shall not constitute a violation of confidentiality]
Can. 472 The provisions of Book VII
on ‘Processes’ are to be observed concerning cases and persons involved in the
exercise of judicial power in the curia. The following canons are to be
observed in what concerns the administration of the diocese.
Can. 473 §1 The diocesan Bishop must
ensure that everything concerning the administration of the whole diocese is
properly coordinated and is directed in the way that will best achieve the good
of that portion of the people of God entrusted to his care.
§2 The diocesan Bishop has the responsibility of
coordinating the pastoral action of the Vicars general and episcopal Vicars.
Where it is useful, he may appoint a Moderator of the curia, who must be a
priest Under the Bishop’s authority, the Moderator is to coordinate activities
concerning administrative matters and to ensure that the others who belong to
the curia properly fulfil the offices entrusted to them.
§3 Unless in the Bishop’s judgement local conditions
suggest otherwise, the Vicar general is to be appointed Moderator of the curia
or, if there are several Vicars general, one of them.
§4 Where the Bishop judges it useful for the better
promotion of pastoral action, he can establish an episcopal council, comprising
the Vicars general and episcopal Vicars.
Can. 474 Acts of the curia which of
their nature are designed to have a juridical effect must, as a requirement for
validity, be signed by the Ordinary from whom they emanate. They must also be
signed by the chancellor of the curia or a notary. The chancellor is bound to
notify the Moderator of the curia about these acts.
Article 1: Vicars General and Episcopal Vicars
Can. 475 §1 In each diocese the
diocesan Bishop is to appoint a Vicar general to assist him in the governance of
the whole diocese. The Vicar general has ordinary power, in accordance with the
following canons.
§2 As a general rule, one Vicar general is to be
appointed, unless the size of the diocese, the number of inhabitants, or other
pastoral reasons suggest otherwise.
Can. 476 As often as the good
governance of the diocese requires it, the diocesan Bishop can also appoint one
or more episcopal Vicars. These have the same ordinary power as the universal
law gives to a Vicar general, in accordance with the following canons. The
competence of an episcopal Vicar, however, is limited to a determined part of
the diocese, or to a specific type of activity, or to the faithful of a
particular rite, or to certain groups of people.
Can. 477 §1 The Vicar general and the
episcopal Vicar are freely appointed by the diocesan Bishop, and can be freely
removed by him, without prejudice to can. 406. An episcopal Vicar who is not an
auxiliary Bishop, is to be appointed for a period of time, which is to be
specified in the act of appointment.
§2 If the Vicar general is absent or lawfully impeded,
the diocesan Bishop can appoint another to take his place. The same norm
applies in the case of an episcopal Vicar.
Can. 478 §1 The Vicar general and the
episcopal Vicar are to be priests of not less than thirty years of age, with a
doctorate or licentiate in canon law or theology, or at least well versed in
these disciplines. They are to be known for their sound doctrine, integrity,
prudence and practical experience.
§2 The office of Vicar general or episcopal Vicar may
not be united with the office of canon penitentiary, nor may the office be
given to blood relations of the Bishop up to the fourth degree.
Can. 479 §1 In virtue of his
office, the Vicar general has the same executive power throughout the whole
diocese as that which belongs by law to the diocesan Bishop: that is, he can
perform all administrative acts, with the exception however of those which the
Bishop has reserved to himself, or which by law require a special mandate of
the Bishop.
§2 By virtue of the law itself, the episcopal Vicar
has the same power as that mentioned in §1, but only for the determined part of
the territory or type of activity, or for the faithful of the determined rite
or group, for which he was appointed; matters which the Bishop reserves to
himself or to the Vicar general, or which by law require a special mandate of
the Bishop, are excepted.
§3 Within the limits of their competence, the Vicar
general and the episcopal Vicar have also those habitual faculties which the
Apostolic See has granted to the Bishop. They may also execute rescripts,
unless it is expressly provided otherwise, or unless the execution was
entrusted to the Bishop on a personal basis.
Can. 480 The Vicar general and
episcopal Vicar must give a report to the diocesan Bishop concerning more
important matters, both those yet to be attended to and those already dealt
with. They are never to act against the will and mind of the diocesan Bishop.
Can. 481 §1 The power of the Vicar
general or episcopal Vicar ceases when the period of their mandate expires, or
by resignation. In addition, but without prejudice to cann. 406 and 409, it
ceases when they are notified of their removal by the diocesan Bishop, or when
the episcopal see falls vacant.
§2 When the office of the diocesan Bishop is
suspended, the power of the Vicar general and of the episcopal Vicar is
suspended, unless they are themselves Bishops.
Article 2: The Chancellor, other Notaries and the Archives
Can. 482 §1 In each curia a chancellor
is to be appointed, whose principal office, unless particular law states
otherwise, is to ensure that the acts of the curia are drawn up and dispatched,
and that they are kept safe in the archive of the curia.
§2 If it is considered necessary, the chancellor may
be given an assistant, who is to be called the vice‑chancellor.
§3 The chancellor and vice‑chancellor are
automatically notaries and secretaries of the curia.
Can. 483 §1 Besides the chancellor,
other notaries may be appointed, whose writing or signature authenticates
public documents. These notaries may be appointed for all acts, or for judicial
acts alone, or only for acts concerning a particular issue or business.
§2 The chancellor and notaries must be of unblemished
reputation and above suspicion. In cases which could involve the reputation of
a priest, the notary must be a priest.
Can. 484 The office of notary
involves:
1° writing acts and documents concerning decrees,
arrangements, obligations, and other matters which require their intervention;
2° faithfully recording in writing what is done, and
signing the document, with a note of the place, the day, the month and the
year;
3° while observing all that must be observed, showing
acts or documents from the archives to those who lawfully request them, and
verifying that copies conform to the original.
Can. 485 The chancellor and the
other notaries can be freely removed by the diocesan Bishop. They can be
removed by a diocesan Administrator only with the consent of the college of
consultors.
Can. 486 §1 All documents concerning
the diocese or parishes must be kept with the greatest of care.
§2 In each curia there is to be established in a safe
place a diocesan archive where documents and writings concerning both the
spiritual and the temporal affairs of the diocese are to be properly filed and
carefully kept under lock and key.
§3 An inventory or catalogue is to be made of
documents kept in the archive, with a short synopsis of each document.
Can. 487 §1 The archive must be locked,
and only the Bishop and the chancellor are to have the key; no one may be
allowed to enter unless with the permission of the Bishop, or with the
permission of both the Moderator of the curia and the chancellor.
§2 Persons concerned have the right to receive,
personally or by proxy, an authentic written or photostat copy of documents
which are of their nature public and which concern their own personal status.
Can. 488 It is not permitted to
remove documents from the archive, except for a short time and with the
permission of the Bishop or of both the Moderator of the curia and the
chancellor.
Can. 489 §1 In the diocesan curia there
is also to be a secret archive, or at least in the ordinary archive there is to
be a safe or cabinet, which is securely closed and bolted and which cannot be
removed. In this archive documents which are to be kept under secrecy are to be
most carefully guarded.
§2 Each year documents of criminal cases concerning
moral matters are to be destroyed whenever the guilty parties have died, or ten
years have elapsed since a condemnatory sentence concluded the affair. A short
summary of the facts is to be kept, together with the text of the definitive
judgement.
Can. 490 §1 Only the Bishop is to have
the key of the secret archive.
§2 When the see is vacant, the secret archive or safe
is not to be opened except in a case of real necessity, and then by the
diocesan Administrator personally.
§3 Documents are not to be removed from the secret
archive or safe.
Can. 491 §1 The diocesan Bishop is to
ensure that the acts and documents of the archives of cathedral, collegiate,
parochial and other churches in his territory are carefully kept and that two
copies are made of inventories or catalogues. One of these copies is to remain
in its own archive, the other is to be kept in the diocesan archive.
§2 The diocesan Bishop is to ensure that there is an
historical archive in the diocese, and that documents which have an historical
value are carefully kept in it and systematically filed.
§3 In order that the acts and documents mentioned in
§§1 and 2 may be inspected or removed, the norms laid down by the diocesan
Bishop are to be observed.
ARTICLE 3: THE FINANCE COMMITTEE AND THE FINANCIAL ADMINISTRATOR
Can. 492 §1 In each diocese a finance
committee is to be established, presided over by the diocesan Bishop or his
delegate. It is to be composed of at least three of the faithful, expert in
financial affairs and civil law, of outstanding integrity, and appointed by the
Bishop.
§2 The members of the finance committee are appointed
for five years but when this period has expired they may be appointed for
further terms of five years.
§3 Persons related to the Bishop up to the fourth
degree of consanguinity or affinity are excluded from the finance committee.
Can. 493 Besides the functions
entrusted to it in Book V on ‘The Temporal Goods of the Church’, it is the
responsibility of the finance committee to prepare each year a budget of income
and expenditure over the coming year for the governance of the whole diocese,
in accordance with the direction of the diocesan Bishop. It is also the
responsibility of the committee to account at the end of the year for income
and expenditure.
Can. 494 §1 In each diocese a financial
administrator is to be appointed by the Bishop, after consulting the college of
consultors and the finance committee. The financial administrator is to be
expert in financial matters and of truly outstanding integrity.
§2 The financial administrator is to be appointed for
five years, but when this period has expired, may be appointed for further
terms of five years. While in office he or she is not to be removed except for
a grave reason, to be estimated by the Bishop after consulting the college of
consultors and the finance committee.
§3 It is the responsibility of the financial
administrator, under the authority of the Bishop, to administer the goods of
the diocese in accordance with the plan of the finance committee, and to make
those payments from diocesan funds which the Bishop or his delegates have
lawfully authorised.
§4 At the end of the year the financial administrator
must give the finance committee an account of income and expenditure.
Can. 495 §1 In each diocese there is to
be established a council of priests, that is, a group of priests who represent
the presbyterium and who are to be,
as it were, the Bishop’s senate. The council’s role is to assist the Bishop, in
accordance with the law, in the governance of the diocese, so that the pastoral
welfare of that portion of the people of God entrusted to the Bishop may be
most effectively promoted.
§2 In vicariates and prefectures apostolic, the Vicar
or Prefect is to appoint a council composed of at least three missionary
priests, whose opinion, even by letter, he is to hear in the more serious
affairs.
Can. 496 The council of priests is
to have its own statutes. These are to be approved by the diocesan Bishop,
having taken account of the norms laid down by the Episcopal Conference.
Can. 497 As far as the designation
of the members of the council of priests is concerned:
1° about half are to be freely elected by the priests
themselves in accordance with the canons which follow and with the statutes;
2° some priests must, in accordance with the statutes,
be members ex officio, that is belong to the council by reason of the office
they hold;
3° the diocesan Bishop may freely appoint some others.
Can. 498 §1 The following have the
right to both an active and a passive voice in an election to the council of
priests:
1° all secular priests incardinated in the diocese;
2° priests who are living in the diocese and exercise
some useful office there, whether they be secular priests not incardinated in
the diocese, or priest members of religious institutes or of societies of
apostolic life.
§2 Insofar as the statutes so provide, the same right
of election may be given to other priests who have a domicile or quasi‑domicile
in the diocese.
Can. 499 The manner of electing the
members of the council of priests is to be determined by the statutes, and in
such a way that as far as possible the priests of the presbyterium are represented, with special regard to the diversity
of ministries and to the various regions of the diocese.
Can. 500 §1 It is the prerogative of
the diocesan Bishop to convene the council of priests, to preside over it, and
to determine the matters to be discussed in it or to accept items proposed by
the members.
§2 The council of priests has only a consultative
vote. The diocesan Bishop is to consult it in matters of more serious moment,
but he requires its consent only in the cases expressly defined in the law.
§3 The council of priests can never act without the
diocesan Bishop. He alone can make public those things which have been decided
in accordance with §2.
Can. 501 §1 The members of the council
of priests are to be designated for a period specified in the statutes, subject
however to the condition that over a five year period the council is renewed in
whole or in part.
§2 When the see is vacant, the council of priests
lapses and its functions are fulfilled by the college of consultors. The Bishop
must reconstitute the council of priests within a year of taking possession.
§3 If the council of priests does not fulfil the
office entrusted to it for the welfare of the diocese, or if it gravely abuses
that office, it can be dissolved by the diocesan Bishop, after consultation
with the Metropolitan, in the case of a metropolitan see, the Bishop must first
consult with the suffragan Bishop who is senior by promotion. Within a year,
however, the diocesan Bishop must reconstitute the council.
Can. 502 §1 From among the members of the council of priests, the diocesan Bishop freely appoints not fewer than six and not more than twelve priests, who are for five years to constitute the college of consultors. To it belong the functions determined by law; on the expiry of the five year period, however, it continues to exercise its functions until the new college is constituted.
[According to an Authentic Interpretation of canon
502 §1, 11.VII.1984, a
member of the college of consultors who ceases to be a member of the council of
priests remains in office as consultor; also, a consultor who ceases from
office during the five year period needs to be replaced only if the number of
consultors falls below six]
§2 The diocesan Bishop presides over the college of
consultors. If, however, the see is impeded or vacant, that person presides who
in the interim takes the Bishop’s place or, if he has not yet been appointed,
then the priest in the college of consultors who is senior by ordination.
§3 The Episcopal Conference can determine that the
functions of the college of consultors be entrusted to the cathedral chapter.
§4 Unless the law provides otherwise, in a vicariate
or prefecture apostolic the functions of the college of consultors belong to
the council of the mission mentioned in can. 495 §2.
Can. 503 A chapter of canons,
whether cathedral or collegiate, is a college of priests, whose role is to
celebrate the more solemn liturgical functions in a cathedral or a collegiate
church. It is for the cathedral chapter, besides, to fulfil those roles entrusted
to it by law or by the diocesan Bishop.
Can. 504 The establishment,
alteration or suppression of a cathedral chapter is reserved to the Apostolic
See.
Can. 505 Every chapter, whether
cathedral or collegiate, is to have its own statutes, established by lawful
capitular act and approved by the diocesan Bishop. These statutes are not to be
changed or abrogated except with the approval of the diocesan Bishop.
Can. 506 §1 The statutes of a chapter,
while preserving always the laws of the foundation, are to determine the nature
of the chapter and the number of canons. They are to define what the chapter
and the individual canons are to do in carrying out divine worship and their
ministry. They are to decide the meetings at which chapter business is
conducted and, while observing the provisions of the universal law, they are to
prescribe the conditions required for the validity and for the lawfulness of
the proceedings.
§2 In the statutes the remuneration is also to be
defined, both the fixed salary and the amounts to be paid on the occasion of
discharging the office, so too, having taken account of the norms laid down by
the Holy See, the insignia of the canons.
Can. 507 §1 Among the canons there is
to be one who presides over the chapter. In accordance with the statutes other
offices are also to be established, account having been taken of the practice
prevailing in the region.
§2 Other offices may be allotted to clerics not
belonging to the chapter, so that, in accordance with the statutes, they may
provide assistance to the canons.
Can. 508 §1 The canon penitentiary both
of a cathedral church and of a collegiate church has by law ordinary faculties,
which he cannot however delegate to others, to absolve in the sacramental forum
from latae sententiae censures which
have not been declared and are not reserved to the Holy See. Within the diocese
he can absolve not only diocesans but outsiders also, whereas he can absolve
diocesans even outside the diocese.
§2 Where there is no chapter, the diocesan Bishop is
to appoint a priest to fulfil this office.
Can. 509 §1 It belongs to the diocesan Bishop, after consultation with the chapter, but not to the diocesan Administrator, to bestow each and every canonry both in the cathedral church and in a collegiate church, any privilege to the contrary is revoked. It is also for the diocesan Bishop to confirm the person elected by the chapter to preside over it.
[Election of a president is not compulsory: see Authentic Interpretation of canon
509 §1, 20.V.1989]
§2 The diocesan Bishop is to appoint to canonries only
priests who are of sound doctrine and life and who have exercised a
praiseworthy ministry.
Can. 510 §1 Parishes are no longer to
be united with chapters of canons. Those which are united to a chapter are to
be separated from it by the diocesan Bishop.
§2 In a church which is at the same time a parochial
and a capitular church, a parish priest is to be appointed, whether chosen from
the chapter or not. He is bound by all the obligations and he enjoys all the
rights and faculties which by law belong to a parish priest.
§3 The diocesan Bishop is to establish certain norms
whereby the pastoral duties of the parish priest and the roles proper to the
chapter are duly harmonised, so that the parish priest is not a hindrance to
capitular functions, nor the chapter to those of the parish. Any conflicts
which may arise are to be settled by the diocesan Bishop, who is to ensure
above all that the pastoral needs of the faithful are suitably provided for.
§4 Alms given to a church which is at the same time a
parochial and a capitular church, are presumed to be given to the parish,
unless it is otherwise established.
Can. 511 In each diocese, in so far
as pastoral circumstances suggest, a pastoral council is to be established. Its
function, under the authority of the Bishop, is to study and weigh those
matters which concern the pastoral works in the diocese, and to propose practical
conclusions concerning them.
Can. 512 §1 A pastoral council is
composed of members of Christ’s faithful who are in full communion with the Catholic
Church: clerics, members of institutes of consecrated life, and especially lay
people. They are designated in the manner determined by the diocesan Bishop.
§2 The members of Christ’s faithful assigned to the
pastoral council are to be selected in such a way that the council truly
reflects the entire portion of the people of God which constitutes the diocese,
taking account of the different regions of the diocese, of social conditions
and professions, and of the part played in the apostolate by the members,
whether individually or in association with others.
§3 Only those members of Christ’s faithful who are
outstanding in firm faith, high moral standards and prudence are to be assigned
to the pastoral council.
Can. 513 §1 The pastoral council is
appointed for a determinate period, in accordance with the provisions of the
statutes drawn up by the Bishop.
§2 When the see is vacant, the pastoral council
lapses.
Can. 514 §1 The pastoral council has
only a consultative vote. It is for the diocesan Bishop alone to convene it,
according to the needs of the apostolate, and to preside over it. He alone has
the right to make public the matters dealt with in the council.
§2 It is to be convened at least once a year.
Can. 515 §1 A parish is a certain
community of Christ’s faithful stably established within a particular Church,
whose pastoral care, under the authority of the diocesan Bishop, is entrusted
to a parish priest as its proper pastor.
§2 The diocesan Bishop alone can establish, suppress
or alter parishes. He is not to establish, suppress or notably alter them
unless he has consulted the council of priests.
[For details of how to proceed with the establishment of parish groupings, see Congregation for the Clergy, Instruction The pastoral conversion of the Parish community in the service of the evangelising mission of the Church, 20.VII.2020, nos. 46-51]
§3 A lawfully established parish has juridical
personality by virtue of the law itself.
Can. 516 §1 Unless the law provides
otherwise, a quasi‑parish is equivalent to a parish. A quasi‑parish
is a certain community of Christ’s faithful within a particular Church,
entrusted to a priest as its proper pastor, but because of special
circumstances not yet established as a parish.
§2 Where some communities cannot be established as
parishes or quasi‑parishes, the diocesan Bishop is to provide for their
spiritual care in some other way.
Can. 517 §1 Where
circumstances so require, the pastoral care of a parish, or of a number of
parishes together, can be entrusted to several priests jointly, but with the
stipulation that one of the priests is to be the moderator of the pastoral care
to be exercised. This moderator is to direct the joint action and to be
responsible for it to the Bishop.
[According to
the Congregation for the Clergy’s
Instruction The pastoral conversion of the Parish community in the service of the
evangelising mission of the Church, 20.VII.2020, no. 88, the moderator of pastoral care has the powers and
functions of a parish priest, albeit without an office with its rights and
duties]
§2 If, because of a shortage of priests, the diocesan
Bishop has judged that a deacon, or some other person who is not a priest, or a
community of persons, should be entrusted with a share in the exercise of the
pastoral care of a parish, he is to appoint some priest who, with the powers
and faculties of a parish priest, will direct the pastoral care.
Can. 518 As a general rule, a parish
is to be territorial, that is, it is to embrace all Christ’s faithful of a
given territory. Where it is useful however, personal parishes are to be
established, determined by reason of the rite, language or nationality of the
faithful of a certain territory, or on some other basis.
Can. 519 The parish priest is the
proper pastor of the parish entrusted to him. He exercises the pastoral care of
the community entrusted to him under the authority of the diocesan Bishop,
whose ministry of Christ he is called to share, so that for this community he
may carry out the offices of teaching, sanctifying and ruling with the
cooperation of other priests or deacons and with the assistance of lay members
of Christ’s faithful, in accordance with the law.
[See also the description
of the office of parish priest in Congregation
for the Clergy, Instruction The pastoral conversion of the Parish community in the service of the
evangelising mission of the Church, 20.VII.2020, nos. 66-74]
Can. 520 §1 A juridical person may not
be a parish priest. However, the diocesan Bishop, but not the diocesan
Administrator, can, with the consent of the competent Superior, entrust a
parish to a clerical religious institute or to a clerical society of apostolic
life, even by establishing it in the church of the institute or society,
subject however to the rule that one priest be the parish priest or, if the
pastoral care is entrusted to several priests jointly, that there be a
moderator as mentioned in can. 517 §1.
[The office of
parish priest may not be entrusted to a group consisting of clerics and lay
people: hence terms such as “team leader”, etc., which convey a sense of
collegiate government of the parish, are to be avoided: see Congregation for the Clergy, Instruction The pastoral conversion of the Parish community in the service of the
evangelising mission of the Church, 20.VII.2020, no. 66]
§2 The entrustment of a parish, as in §1, may be
either in perpetuity or for a specified time. In either case this is to be done
by means of a written agreement made between the diocesan Bishop and the
competent Superior of the institute or society. This agreement must expressly
and accurately define, among other things, the work to be done, the persons to
be assigned to it and the financial arrangements.
Can. 521 §1 To be validly appointed a
parish priest, one must be in the sacred order of priesthood.
§2 He is also to be outstanding in sound doctrine and
uprightness of character, endowed with zeal for souls and other virtues, and
possessed of those qualities which by universal or particular law are required
for the care of the parish in question.
§3 In order that one be appointed to the office of
parish priest, his suitability must be clearly established, in a manner
determined by the diocesan Bishop, even by examination.
Can. 522 It is necessary that a
parish priest have the benefit of stability, and therefore he is to be
appointed for an indeterminate period of time. The diocesan Bishop may appoint
him for a specified period of time only if the Episcopal Conference has by
decree allowed this.
[The Congregation for the Clergy’s Instruction The pastoral conversion of the Parish community in the service of the
evangelising mission of the Church, 20.VII.2020, no. 68, suggests a minimum of five years for a fixed-term
appointment]
Can. 523 Without prejudice to can.
682, appointment to the office of parish priest belongs to the diocesan Bishop,
who is free to confer it on whomsoever he wishes, unless someone else has a
right of presentation or election.
Can. 524 The diocesan Bishop is to
confer a vacant parish on the one whom, after consideration of all the
circumstances, he judges suitable for the parochial care of that parish,
without any preference of persons. In order to assess suitability, he is to
consult the vicar forane, conduct suitable enquiries and, if it is appropriate,
seek the view of some priests and lay members of Christ’s faithful.
Can. 525 When a see is vacant or
impeded, it is for the diocesan Administrator or whoever governs the diocese in
the interim:
1° to institute priests lawfully presented for a
parish or to confirm those lawfully elected to one;
2° to appoint parish priests if the see has been
vacant or impeded for a year.
Can. 526 §1 A parish priest is to have
the parochial care of one parish only. However, because of a shortage of
priests or other circumstances, the care of a number of neighbouring parishes
can be entrusted to the one parish priest.
[An Explanatory Note of the Pontifical
Council for Legislative Texts, 13.XI.1997, suggests that a single priest could
canonically be pastor in each and every parish entrusted to him. The
“incompatibility of offices” in can. 152 refers to incompatibility of fact
rather than of law]
§2 In any one parish there is to be only one parish
priest, or one moderator in accordance with can. 517 §1; any contrary custom is
reprobated and any contrary privilege revoked.
Can. 527 §1 One who is promoted to
exercise the pastoral care of a parish obtains this care and is bound to
exercise it from the moment he takes possession.
§2 The local Ordinary or a priest delegated by him
puts the parish priest into possession, in accordance with the procedure
approved by particular law or by lawful custom. For a just reason, however, the
same Ordinary can dispense from this procedure, in which case the communication
of the dispensation to the parish replaces the taking of possession.
§3 The local Ordinary is to determine the time within
which the parish priest must take possession of the parish. If, in the absence
of a lawful impediment, he has not taken possession within this time, the local
Ordinary can declare the parish vacant.
Can. 528 §1 The parish priest has the
obligation of ensuring that the word of God is proclaimed in its entirety to
those living in the parish. He is therefore to see to it that the lay members
of Christ’s faithful are instructed in the truths of faith, especially by means
of the homily on Sundays and holydays of obligation and by catechetical
formation. He is to foster works which promote the spirit of the Gospel,
including its relevance to social justice. He is to have a special care for the
Catholic education of children and young people. With the collaboration of the
faithful, he is to make every effort to bring the gospel message to those also
who have given up religious practice or who do not profess the true faith.
§2 The parish priest is to take care that the blessed
Eucharist is the centre of the parish assembly of the faithful. He is to strive
to ensure that the faithful are nourished by the devout celebration of the
sacraments, and in particular that they frequently approach the sacraments of
the blessed Eucharist and penance. He is to strive to lead them to prayer,
including prayer in their families, and to take a live and active part in the
sacred liturgy. Under the authority of the diocesan Bishop, the parish priest
must direct this liturgy in his own parish, and he is bound to be on guard
against abuses.
Can. 529 §1 So that he may fulfil his
office of pastor diligently, the parish priest is to strive to know the
faithful entrusted to his care. He is therefore to visit their families,
sharing in their cares and anxieties and, in a special way, their sorrows,
comforting them in the Lord. If in certain matters they are found wanting, he
is prudently to correct them. He is to help the sick and especially the dying
in great charity, solicitiously restoring them with the sacraments and
commending their souls to God. He is to be especially diligent in seeking out
the poor, the suffering, the lonely, those who are exiled from their homeland,
and those burdened with special difficulties. He is to strive also to ensure
that spouses and parents are sustained in the fulfilment of their proper
duties, and to foster the growth of Christian life in the family.
§2 The parish priest is to recognise and promote the
specific role which the lay members of Christ’s faithful have in the mission of
the Church, fostering their associations which have religious purposes. He is
to cooperate with his proper Bishop and with the presbyterium of the diocese. Moreover, he is to endeavour to ensure
that the faithful are concerned for the community of the parish, that they feel
themselves to be members both of the diocese and of the universal Church, and
that they take part in and sustain works which promote this community.
Can. 530 The functions especially
entrusted to the parish priest are as follows:
1° the administration of baptism;
2° the administration of the sacrament of confirmation
to those in danger of death, in accordance with can. 883, n. 3;
3° the administration of Viaticum and of the anointing
of the sick, without prejudice to can. 1003 §§2 and 3, and the imparting of the
apostolic blessing;
4° the assistance at marriages and the nuptial
blessing;
5° the conducting of funerals;
6° the blessing of the baptismal font at paschal time,
the conduct of processions outside the church, and the giving of solemn
blessings outside the church;
7° the more solemn celebration of the Eucharist on
Sundays and holydays of obligation.
Can. 531 Even though another person
has performed some parochial function, he is to give the offering he receives
from the faithful on that occasion to the parish fund unless, in respect of
voluntary offerings, there is a clear contrary intention on the donor’s part;
it is for the diocesan Bishop, after consulting the council of priests, to
prescribe regulations concerning the destination of these offerings and to
provide for the remuneration of clerics who fulfil such a parochial function.
Can. 532 In all juridical matters,
the parish priest acts in the person of the parish, in accordance with the law.
He is to ensure that the parish goods are administered in accordance with cann.
1281‑1288.
Can. 533 §1 The parish priest is obliged to reside in the parochial house,
near the church. In particular cases, however, where there is a just reason,
the local Ordinary may permit him to reside elsewhere, especially in a house
common to several priests, provided the carrying out of the parochial duties is
properly and suitably catered for.
§2 Unless there is a grave reason to the contrary, the
parish priest may each year be absent on holiday from his parish for a period
not exceeding one month, continuous or otherwise. The days which the parish
priest spends on the annual spiritual retreat are not reckoned in this period
of vacation. For an absence from the parish of more than a week, however, the
parish priest is bound to advise the local Ordinary.
§3 It is for the diocesan Bishop to establish norms by
which, during the parish priest’s absence, the care of the parish is provided
for by a priest with the requisite faculties.
Can. 534 §1 When he has taken
possession of his parish, the parish priest is bound on each Sunday and holyday
of obligation in his diocese to apply the Mass for the people entrusted to him.
If he is lawfully impeded from this celebration, he is to have someone else
apply the Mass on these days or apply it himself on other days.
§2 A parish priest who has the care of several
parishes is bound to apply only one Mass on the days mentioned in §1, for all
the people entrusted to him.
[The same would seem to apply even if the priest is canonically pastor
of more than one parish: see Explanatory Note of the Pontifical
Council for Legislative Texts, 13.XI.1997]
§3 A parish priest who has not discharged the
obligations mentioned in §§1 and 2, is as soon as possible to apply for the
people as many Masses as he has omitted.
Can. 535 §1 In each parish there are to
be parochial registers, that is, of baptisms, of marriages and of deaths, and
any other registers prescribed by the Episcopal Conference or by the diocesan
Bishop. The parish priest is to ensure that entries are accurately made and
that the registers are carefully preserved.
§2 In the baptismal register, a note is also to be made of ascription to a Church ‘sui iuris’ or the transfer to another Church, as well as of confirmation and of all matters pertaining to the canonical status of the faithful by reason of marriage, without prejudice to the provision of can. 1133, adoption, the reception of sacred orders, the making of perpetual profession in a religious institute. These annotations are always to be stated on a Certificate of Baptism.
[Revised wording according to m.p. De concordia inter Codices, 31.V.2016]
§3 Each parish is to have its own seal. Certificates
concerning the canonical status of the faithful, and all acts which can have
juridical significance, are to be signed by the parish priest or his delegate
and secured with the parochial seal.
§4 In each parish there is to be an archive, in which
the parochial books are to be kept, together with episcopal letters and other
documents which it may be necessary or useful to preserve. On the occasion of
visitation or at some other opportune time, the diocesan Bishop or his delegate
is to inspect all of these matters. The parish priest is to take care that they
do not fall into unauthorised hands.
§5 Older parochial registers are also to be carefully
safeguarded, in accordance with the provisions of particular law.
Can. 536 §1 If, after consulting the
council of priests, the diocesan Bishop considers it opportune, a pastoral
council is to be established in each parish. In this council, which is presided
over by the parish priest, Christ’s faithful, together with those who by virtue
of their office are engaged in pastoral care in the parish, give their help in
fostering pastoral action.
§2 The pastoral council has only a consultative vote,
and it is regulated by the norms laid down by the diocesan Bishop.
Can. 537 In each parish there is to
be a finance committee to help the parish priest in the administration of the
goods of the parish, without prejudice to can. 532. It is ruled by the
universal law and by the norms laid down by the diocesan Bishop, and it is comprised
of members of the faithful selected according to these norms.
[The same
person may be on the finance committee of multiple parishes: see Congregation for the Clergy, Instruction The pastoral conversion of the Parish community in the service of the
evangelising mission of the Church, 20.VII.2020, no. 104]
Can. 538 §1 A parish priest ceases to
hold office by removal or transfer effected by the diocesan Bishop in
accordance with the law; by his personal resignation, for a just reason, which
for validity requires that it be accepted by the diocesan Bishop; and by the lapse
of time if, in accordance with the particular law mentioned in can. 522, he was
appointed for a specified period of time.
§2 A parish priest who is a member of a religious
institute or is incardinated in a society of apostolic life, is removed in
accordance with can. 682 §2.
§3 A parish priest who has completed his seventy fifth
year of age is requested to offer his resignation from office to the diocesan
Bishop who, after considering all the circumstances of person and place, is to
decide whether to accept or defer it. Having taken account of the norms laid
down by the Episcopal Conference, the diocesan Bishop must make provision for
the appropriate maintenance and residence of the priest who has resigned.
[See Congregation for the Clergy, Instruction The pastoral conversion of the Parish community in the service of the
evangelising mission of the Church, 20.VII.2020, no. 72]
Can. 539 When a parish is
vacant, or when the parish priest is prevented from exercising his pastoral
office in the parish by reason of imprisonment, exile or banishment, or by
reason of incapacity or ill health or some other cause, the diocesan Bishop is
as soon as possible to appoint a parochial administrator, that is, a priest who
will take the place of the parish priest in accordance with can. 540.
[It is
illegitimate for a bishop to appoint a parish administrator for an extended
period of time simply to avoid the appointment of a parish priest: see Congregation for the Clergy, Instruction The pastoral conversion of the Parish community in the service of the
evangelising mission of the Church, 20.VII.2020, no. 75]
Can. 540 §1 The parochial administrator
is bound by the same obligations and has the same rights as a parish priest,
unless the diocesan Bishop prescribes otherwise.
§2 The parochial administrator may not do anything
which could prejudice the rights of the parish priest or could do harm to
parochial property.
§3 When he has discharged his office, the parochial
administrator is to give an account to the parish priest.
Can. 541 §1 When a parish is vacant, or
when the parish priest is impeded from exercising his pastoral office, pending
the appointment of a parochial administrator the interim governance of the
parish is to be undertaken by the assistant priest; if there are a number of
assistants, by the senior by appointment; if there are none, by the parish
priest determined by particular law.
§2 The one who has undertaken the governance of the
parish in accordance with §1, is at once to inform the local Ordinary of the
parish vacancy.
Can. 542 The priests to whom, in
accordance with can. 517 §1, is jointly entrusted the pastoral care of a parish
or of a number of parishes together:
1° must possess the qualities mentioned in can. 521;
2° are to be appointed in accordance with cann. 522
and 524;
3° obtain the pastoral care only from the moment of
taking possession: their moderator is put into possession in accordance with
can. 527 §2; for the other priests, the profession of faith lawfully made
replaces the taking of possession.
Can. 543 §1 Each of the priests to whom
the care of a parish or of a number of parishes together is jointly entrusted,
is bound to fulfil the duties and functions of a parish priest mentioned in
cann. 528, 529 and 530. They are to do this according to a plan determined
among themselves. The faculty to assist at marriages, and all the faculties to
dispense which are given to a parish priest by virtue of the law itself, belong
to all, but are to be exercised under the direction of the moderator.
§2 All the priests who belong to the group:
1° are bound by the obligation of residence;
2° are by common counsel to establish an arrangement
by which one of them celebrates the Mass for the people, in accordance with
can. 534.
3° in juridical affairs, only the moderator acts in
the person of the parish or parishes entrusted to the group.
Can. 544 When one of the priests, or
the moderator, of the group mentioned in can. 517 §1 ceases to hold office, or
when any member of it becomes incapable of exercising his pastoral office, the
parish or parishes whose care is entrusted to the group do not become vacant.
It is for the diocesan Bishop to appoint another moderator; until he is
appointed by the Bishop, the priest of the group who is senior by appointment
is to fulfil this office.
Can. 545 §1 Whenever it is necessary or
opportune for the due pastoral care of the parish, one or more assistant
priests can be joined with the parish priest. As cooperators with the parish
priest and sharers in his concern, they are, by common counsel and effort with
the parish priest and under his authority, to labour in the pastoral ministry.
§2 An assistant priest may be appointed either to help
in exercising the entire pastoral ministry, whether in the whole parish or in a
part of it or for a particular group of the faithful within it, or even to help
in carrying out a specific ministry in a number of parishes at the same time.
Can. 546 To be validly appointed an
assistant priest, one must be in the sacred order of priesthood.
Can. 547 The diocesan Bishop freely
appoints an assistant priest; if he has judged it opportune, he will have
consulted the parish priest or parish priests of the parishes to which the
assistant is appointed, and the Vicar forane, without prejudice to can. 682 §1.
Can. 548 §1 The obligations and rights
of assistant priests are defined not only by the canons of this chapter, but
also by the diocesan statutes, and by the letter of the diocesan Bishop; they
are more specifically determined by the directions of the parish priest.
§2 Unless it is otherwise expressly provided in the
letter of the diocesan Bishop, the assistant priest is by virtue of his office
bound to help the parish priest in the entire parochial ministry, with the
exception of the application of the Mass for the people. Likewise, if the
matter should arise in accordance with the law, he is bound to take the place
of the parish priest.
§3 The assistant priest is to report regularly to the
parish priest on pastoral initiatives, both those planned and those already
undertaken. In this way the parish priest and the assistant or assistants can
by their joint efforts provide a pastoral care of the parish for which they are
together answerable.
Can. 549 When the parish priest is
absent, the norms of can. 541 §1 are to be observed, unless the diocesan Bishop
has provided otherwise in accordance with can. 533 §3, or unless a parochial
administrator has been appointed. If can. 541 §1 is applied, the assistant
priest is bound by all the obligations of the parish priest, with the exception
of the obligation to apply the Mass for the people.
Can. 550 §1 The assistant priest is
bound to reside in the parish or, if he is appointed for a number of parishes
at the same time, in one of them. For a just reason, however, the local
Ordinary may permit him to reside elsewhere, especially in a house common to several
priests, provided the carrying out of the pastoral duties does not in any way
suffer thereby.
§2 The local Ordinary is to see to it that, where it
is possible, some manner of common life in the parochial house be encouraged
between the parish priest and the assistants.
§3 As far as holidays are concerned, the assistant
priest has the same rights as the parish priest.
Can. 551 The provisions of can. 531
are to be observed in respect of offerings which Christ’s faithful make to the
assistant priest on the occasion of his exercise of the pastoral ministry.
Can. 552 Without prejudice to can.
682 §2, an assistant priest may for a just reason be removed by the diocesan
Bishop or the diocesan Administrator.
Can. 553 §1 The Vicar forane, known
also as the dean or the archpriest or by some other title, is the priest who is
placed in charge of a vicariate forane.
§2 Unless it is otherwise prescribed by particular
law, the Vicar forane is appointed by the diocesan Bishop; if he has considered
it prudent to do so, he will have consulted the priests who are exercising the
ministry in the vicariate.
Can. 554 §1 For the office of Vicar
forane, which is not tied to the office of parish priest of any given parish,
the Bishop is to choose a priest whom, in view of the circumstances of place
and time, he has judged to be suitable.
§2 The Vicar forane is to be appointed for a certain
period of time, determined by particular law.
§3 For a just reason, the diocesan Bishop may in
accordance with his prudent judgement freely remove the Vicar forane from
office.
Can. 555 §1 Apart from the faculties
lawfully given to him by particular law, the Vicar forane has the duty and the
right:
1° to promote and coordinate common pastoral action in
the vicariate;
2° to see that the clerics of his district lead a life
befitting their state, and discharge their obligations carefully
3° to ensure that religious functions are celebrated
according to the provisions of the sacred liturgy; that the elegance and
neatness of the churches and sacred furnishings are properly maintained,
particularly in regard to the celebration of the Eucharist and the custody of
the blessed Sacrament; that the parish registers are correctly entered and duly
safeguarded; that ecclesiastical goods are carefully administered; finally,
that the parochial house is looked after with care.
§2 In the vicariate entrusted to him, the Vicar
forane:
1° is to encourage the clergy, in accordance with the
provisions of particular law, to attend at the prescribed time lectures and
theological meetings or conferences, in accordance with can. 279 §2.
2° is to see to it that spiritual assistance is
available to the priests of his district, and he is to show a particular
solicitude for those who are in difficult circumstances or are troubled by
problems.
§3 When he has come to know that parish priests of his
district are seriously ill, the Vicar forane is to ensure that they do not lack
spiritual and material help. When they die, he is to ensure that their funerals
are worthily celebrated. Moreover, should any of them fall ill or die, he is to
see to it that books, documents, sacred furnishings and other items belonging
to the Church are not lost or removed.
§4 The Vicar forane is obliged to visit the parishes
of his district in accordance with the arrangement made by the diocesan Bishop.
Article 1: Rectors of Churches
Can. 556 Rectors of churches are
here understood to be priests to whom is entrusted the care of some church
which is neither a parochial nor a capitular church, nor a church attached to
the house of a religious community or a society of apostolic life which holds
services in it.
Can. 557 §1 The rector of a church is
freely appointed by the diocesan Bishop, without prejudice to a right of
election or presentation to which someone may lawfully have claim: in which
case the diocesan Bishop has the right to confirm or to appoint the rector.
§2 Even if the church belongs to some clerical
religious institute of pontifical right, it is for the diocesan Bishop to
appoint the rector presented by the Superior.
§3 The rector of a church which is attached to a
seminary or to a college governed by clerics, is the rector of the seminary or
college, unless the diocesan Bishop has determined otherwise.
Can. 558 Without prejudice to can.
262, the rector of a church may not perform in his church the parochial functions
mentioned in can. 530 nn. 1‑6, without the consent or, where the matter
requires it, the delegation of the parish priest.
Can. 559 The rector can conduct
liturgical celebrations, even solemn ones, in the church entrusted to him,
without prejudice to the legitimate laws of a foundation, and on condition that
in the judgement of the local Ordinary these celebrations do not in any way
harm the parochial ministry.
Can. 560 Where he considers it
opportune, the local Ordinary may direct the rector to celebrate in his church
certain functions for the people, even parochial functions, and also to open
the church to certain groups of the faithful so that they may hold liturgical
celebrations there.
Can. 561 Without the permission of
the rector or some other lawful superior, no one may celebrate the Eucharist,
administer the sacraments, or perform other sacred functions in the church.
This permission is to be given or refused in accordance with the law.
Can. 562 Under the authority of the
local Ordinary, having observed the lawful statutes and respected acquired
rights, the rector of a church is obliged to see that sacred functions are
worthily celebrated in the church, in accordance with liturgical and canon law,
that obligations are faithfully fulfilled, that the property is carefully
administered, and that the maintenance and adornment of the furnishings and
buildings are assured. He must also ensure that nothing is done which is in any
way unbecoming to the holiness of the place and to the reverence due to the
house of God.
Can. 563 For a just reason, the
local Ordinary may in accordance with his prudent judgement remove the rector
of a church from office, even if he had been elected or presented by others,
but without prejudice to can. 682 §2.
Can. 564 A chaplain is a priest to
whom is entrusted in a stable manner the pastoral care, at least in part, of
some community or special group of Christ’s faithful, to be exercised in
accordance with universal and particular law.
Can. 565 Unless the law provides
otherwise or unless special rights lawfully belong to someone, a chaplain is
appointed by the local Ordinary, to whom also it belongs to appoint one who has
been presented or to confirm one elected.
Can. 566 §1 A chaplain must be given
all the faculties which due pastoral care demands. Besides those which are
given by particular law or by special delegation, a chaplain has by virtue of
his office the faculty to hear the confessions of the faithful entrusted to his
care, to preach to them the word of God, to administer Viaticum and the
anointing of the sick, and to confer the sacrament of confirmation when they
are in danger of death.
§2 In hospitals and prisons and on sea voyages, a
chaplain has the further facility, to be exercised only in those places, to
absolve from latae sententiae
censures which are neither reserved nor declared, without prejudice to can.
976.
Can. 567 §1 The local Ordinary is not
to proceed to the appointment of a chaplain to a house of a lay religious
institute without consulting the Superior. The Superior has the right, after
consulting the community, to propose a particular priest.
§2 It is the responsibility of the chaplain to
celebrate or to direct liturgical functions; he may not, however, involve
himself in the internal governance of the institute.
Can. 568 As far as possible,
chaplains are to be appointed for those who, because of their condition of
life, are not able to avail themselves of the ordinary care of parish priests,
as for example, migrants, exiles, fugitives, nomads and sea‑farers.
Can. 569 Chaplains to the armed
forces are governed by special laws.
Can. 570 If a non‑parochial
church is attached to a centre of a community or group, the rector of the
church is to be the chaplain, unless the care of the community or of the church
requires otherwise.
Can. 571 In the exercise of his
pastoral office a chaplain is to maintain the due relationship with the parish
priest.
Can. 572 In regard to the removal of
a chaplain, the provisions of can. 563 are to be observed.
Can. 573 §1 Life consecrated through
profession of the evangelical counsels is a stable form of living, in which the
faithful follow Christ more closely under the action of the Holy Spirit, and
are totally dedicated to God, who is supremely loved. By a new and special
title they are dedicated to seek the perfection of charity in the service of
God’s Kingdom, for the honour of God, the building up of the Church and the
salvation of the world. They are a splendid sign in the Church, as they
foretell the heavenly glory.
§2 Christ’s faithful freely assume this manner of life
in institutes of consecrated life which are canonically established by the
competent ecclesiastical authority. By vows or by other sacred bonds, in
accordance with the laws of their own institutes, they profess the evangelical
counsels of chastity, poverty and obedience. Because of the charity to which
these counsels lead, they are linked in a special way to the Church and its
mystery.
Can. 574 §1 The state of persons who
profess the evangelical counsels in these institutes belongs to the life and
holiness of the Church. It is therefore to be fostered and promoted by everyone
in the Church.
§2 Some of Christ’s faithful are specially called by
God to this state, so that they may benefit from a special gift in the life of
the Church and contribute to its saving mission according to the purpose and
spirit of each institute.
Can. 575 The evangelical counsels,
based on the teaching and example of Christ the Master, are a divine gift which
the Church received from the Lord and which by His grace it preserves always.
Can. 576 It is the prerogative of
the competent authority in the Church to interpret the evangelical counsels, to
legislate for their practice and, by canonical approval, to constitute the
stable forms of living which arise from them. The same authority has the responsibility
to do what is in its power to ensure that institutes grow and flourish
according to the spirit of their founders and to their sound traditions.
Can. 577 In the Church there are
many institutes of consecrated life, with gifts that differ according to the
graces given them: they more closely follow Christ praying, or Christ
proclaiming the Kingdom of God, or Christ doing good to people, or Christ in
dialogue with the people of this world, but always Christ doing the will of the
Father.
Can. 578 The whole patrimony of an
institute must be faithfully preserved by all. This patrimony is comprised of
the intentions of the founders, of all that the competent ecclesiastical
authority has approved concerning the nature, purpose, spirit and character of
the institute, and of its sound traditions.
Can. 579 Diocesan Bishops can, by formal decree, validly establish institutes of consecrated life in their own territories, if the prior permission of the Apostolic See has been given in writing.
[Revised wording according to m.p. Authenticum charismatis, 1.XI.2020]
[See Rescript “ex audientia Ss.mi” of
15.VI.2022 requiring
the diocesan bishop, before erecting by decree a public association of the
faithful with a view to its becoming an institute of consecrated life or a
society of apostolic life, to obtain the written permission of the Dicastery of
Consecrated Life and Societies of Apostolic Life]
Can. 580 The aggregation of one
institute of consecrated life to another is reserved to the competent authority
of the aggregating institute, always safeguarding the canonical autonomy of the
other institute.
Can. 581 It is for the competent
authority of the institute to divide the institute into parts, by whatever name
these may be called, to establish new parts, or to unite or otherwise modify
those in existence, in accordance with the constitutions.
Can. 582 Fusions and unions of
institutes of consecrated life are reserved to the Apostolic See alone. To it
are likewise reserved confederations or federations.
Can. 583 Changes in institutes of
consecrated life which affect elements previously approved by the Apostolic
See, cannot be made without the permission of the same See.
Can. 584 Only the Apostolic See can
suppress an institute and dispose of its temporal goods.
Can. 585 The competent authority of
an institute can suppress parts of the same institute.
Can. 586 §1 A true autonomy of life,
especially of governance, is recognised for each institute. This autonomy means
that each institute has its own discipline in the Church and can preserve whole
and entire the patrimony described in can. 578.
§2 Local Ordinaries have the responsibility of
preserving and safeguarding this autonomy.
Can. 587 §1 To protect more faithfully
the vocation and identity of each institute, the fundamental code or
constitutions of the institute are to contain, in addition to those elements
which are to be preserved in accordance with can. 578, basic norms about the
governance of the institute, the discipline of the members, the admission and
formation of members, and the proper object of their sacred bonds.
§2 This code is approved by the competent
ecclesiastical authority, and can be changed only with the consent of the same.
§3 In the constitutions, the spiritual and juridical
elements are to be aptly harmonised. Norms, however, are not to be multiplied
without necessity.
§4 Other norms which are established by the competent
authority of the institute are to be properly collected in other codes, but
these can be conveniently reviewed and adapted according to the needs of time
and place.
Can. 588 §1 In itself, the state of
consecrated life is neither clerical nor lay.
§2 A clerical institute is one which, by reason of the end or purpose intended by the founder, or by reason of lawful tradition, is under the governance of clerics, presupposes the exercise of sacred orders, and is recognised as such by ecclesiastical authority.
[See Rescript “ex audientia Ss.mi” of
18.V.2022 allowing
non-clerics to be major Superiors in institutes of consecrated life and
societies of apostolic life. However a non-cleric major Superior is not an
“Ordinary” within can. 134 §1]
§3 A lay institute is one which is recognised as such
by ecclesiastical authority because, by its nature, character and purpose, its
proper role, defined by its founder or by lawful tradition, does not include
the exercise of sacred orders.
Can. 589 An institute of consecrated
life is of pontifical right if it has been established by the Apostolic See, or
approved by it by means of a formal decree. An institute is of diocesan right
if it has been established by the diocesan Bishop and has not obtained a decree
of approval from the Apostolic See.
Can. 590 §1 Institutes of consecrated
life, since they are dedicated in a special way to the service of God and of
the whole Church, are in a particular manner subject to its supreme authority.
§2 The individual members are bound to obey the
Supreme Pontiff as their highest Superior, by reason also of their sacred bond
of obedience.
Can. 591 The better to ensure the
welfare of institutes and the needs of the apostolate, the Supreme Pontiff, by
virtue of his primacy in the universal Church, and with a view to the common
good, can withdraw institutes of consecrated life from the governance of local
Ordinaries and subject them to himself alone, or to some other ecclesiastical
authority.
Can. 592 §1 To promote closer union
between institutes and the Apostolic See, each supreme Moderator is to send a
brief account of the state and life of the institute to the same Apostolic See,
in the manner and at the time it lays down.
§2 Moderators of each institute are to promote a
knowledge of the documents issued by the Holy See which affect the members
entrusted to them, and are to ensure that these documents are observed.
Can. 593 In their internal
governance and discipline, institutes of pontifical right are subject directly
and exclusively to the authority of the Apostolic See, without prejudice to
can. 586.
Can. 594 An institute of diocesan
right remains under the special care of the diocesan Bishop, without prejudice
to can. 586.
Can. 595 §1 It is the Bishop of the
principal house who approves the constitutions, and confirms any changes
lawfully introduced into them, except for those matters which the Apostolic See
has taken in hand. He also deals with major affairs which exceed the power of
the internal authority of the institute. If the institute had spread to other
dioceses, he is in all these matters to consult with the other diocesan Bishops
concerned.
§2 The diocesan Bishop can grant a dispensation from
the constitutions in particular cases.
Can. 596 §1 Superiors and Chapters of
institutes have that authority over the members which is defined in the
universal law and in the constitutions.
§2 In clerical religious institutes of pontifical
right, Superiors have in addition the ecclesiastical power of governance, for
both the external and the internal forum.
§3 The provisions of cann. 131, 133 and 137‑144
apply to the authority mentioned in §1.
Can. 597 §1 Every Catholic with a right
intention and the qualities required by universal law and the institute’s own
law, and who is without impediment, may be admitted to an institute of
consecrated life.
§2 No one may be admitted without suitable
preparation.
Can. 598 §1 Each institute, taking
account of its own special character and purposes, is to define in its
constitutions the manner in which the evangelical counsels of chastity, poverty
and obedience are to be observed in its way of life.
§2 All members must not only observe the evangelical
counsels faithfully and fully, but also direct their lives according to the
institute’s own law, and so strive for the perfection of their state.
Can. 599 The evangelical counsel of
chastity embraced for the sake of the Kingdom of heaven, is a sign of the world
to come, and a source of greater fruitfulness in an undivided heart. It
involves the obligation of perfect continence observed in celibacy.
Can. 600 The evangelical counsel of
poverty in imitation of Christ who for our sake was made poor when he was rich,
entails a life which is poor in reality and in spirit, sober and industrious,
and a stranger to earthly riches. It also involves dependence and limitation in
the use and the disposition of goods, in accordance with each institute’s own
law.
Can. 601 The evangelical counsel of
obedience, undertaken in the spirit of faith and love in the following of
Christ, who was obedient even unto death, obliges submission of one’s will to
lawful Superiors, who act in the place of God when they give commands that are
in accordance with each institute’s own constitutions.
Can. 602 The fraternal life proper
to each institute unites all the members into, as it were, a special family in
Christ. It is to be so defined that for all it proves of mutual assistance to
fulfil their vocation. The fraternal union of the members, rooted and based in
charity, is to be an example of universal reconciliation in Christ.
Can. 603 §1 Besides institutes of
consecrated life, the Church recognises the life of hermits or anchorites, in
which Christ’s faithful withdraw further from the world and devote their lives
to the praise of God and the salvation of the world through the silence of
solitude and through constant prayer and penance.
§2 Hermits are recognised by law as dedicated to God
in consecrated life if, in the hands of the diocesan Bishop, they publicly
profess, by a vow or some other sacred bond, the three evangelical counsels,
and then lead their particular form of life under the guidance of the diocesan
Bishop.
Can. 604 §1 The order of virgins is
also to be added to these forms of consecrated life. Through their pledge to
follow Christ more closely, virgins are consecrated to God, mystically espoused
to Christ and dedicated to the service of the Church, when the diocesan Bishop
consecrates them according to the approved liturgical rite.
§2 Virgins can be associated together to fulfil their
pledge more faithfully, and to assist each other to serve the Church in a way
that befits their state.
§3 The diocesan bishop is competent for the recognition and erection of such associations at the diocesan level, within his territory; the conference of bishops is competent at the national level, within its own territory.
[New paragraph added by m.p. Competentias quasdam decernere, 11.II.2022]
[The minimum age for beginning the propaedeutic period is normally 18;
for consecration it is 25: see Congregation for Institutes of Consecrated Life
and Societies of Apostolic Life, Instruction Ecclesiae sponsae imago, 8.VI.2016, no. 82]
Can. 605 The approval of new forms
of consecrated life is reserved to the Apostolic See. Diocesan Bishops,
however, are to endeavour to discern new gifts of consecrated life which the
Holy Spirit entrusts to the Church. They are also to assist promotors to express
their purposes in the best possible way, and to protect these purposes with
suitable statutes, especially by the application of the general norms contained
in this part of the Code.
[Pope John Paul II’s post-synodal Apostolic Exhortation Vita consecrata, 25.III.1996, no. 62, establishes some criteria for interpreting can. 605]
Can. 606 Provisions concerning
institutes of consecrated life and their members are equally valid in law for
both sexes, unless it is otherwise clear from the context or from the nature of
things.
Can. 607 §1 Religious life, as a
consecration of the whole person, manifests in the Church the marvellous
marriage established by God as a sign of the world to come. Religious thus
consummate a full gift of themselves as a sacrifice offered to God, so that
their whole existence becomes a continuous worship of God in charity.
§2 A religious institute is a society in which, in
accordance with their own law, the members pronounce public vows and live a
fraternal life in common. The vows are either perpetual or temporary; if the
latter, they are to be renewed when the time elapses.
§3 The public witness which religious are to give to
Christ and the Church involves that separation from the world which is proper
to the character and purpose of each institute.
Can. 608 A religious community is to
live in a lawfully constituted house, under the authority of a Superior
designated according to the norms of law. Each house is to have at least an
oratory, in which the Eucharist is celebrated and reserved, so that it may truly
be the centre of the community.
Can. 609 §1 A house of a religious
institute is established, with the prior written consent of the diocesan
Bishop, by the authority competent according to the constitutions.
§2 For the establishment of a monastery of cloistered
nuns, the permission of the Apostolic See is also required.
Can. 610 §1 In establishing religious
houses, the welfare of the Church and of the institute are to be kept in mind,
and care must be taken to safeguard everything that is necessary for the
members to lead their religious life in accordance with the purposes and spirit
proper to the institute.
§2 No house is to be established unless it is
prudently foreseen that the needs of the members can be suitably provided for.
Can. 611 The consent of the diocesan
Bishop for the establishment of a religious house carries with it the right:
1° to lead a life according to the character and
purposes proper to the institute;
2° to engage in the works which are proper to the
institute, in accordance with the law, and subject to any conditions attached
to the consent;
3° for clerical religious institutes to have a church,
subject to the provisions of can. 1215 §3, and to conduct the sacred
ministries, with due observance of the law.
Can. 612 The consent of the diocesan
Bishop is required if a religious house is to be used for apostolic works other
than those for which it was established. This permission is not required for a
change which, while observing the laws of the foundation, concerns only
internal governance and discipline.
Can. 613 §1 A religious house of canons
regular or of monks under the governance and care of their own Moderator is
autonomous, unless the constitutions decree otherwise.
§2 The Moderator of an autonomous house is by law a
major Superior.
Can. 614 Monasteries of cloistered
nuns which are associated with an institute of men, have their own rule of life
and governance, in accordance with the constitutions. The mutual rights and
obligations are to be defined in such a way that spiritual good may come from
the association.
Can. 615 If an autonomous monastery
has no major Superior other than its own Moderator, and is not associated with
any institute of religious in such a way that the Superior of that institute
has over the monastery a real authority determined by the constitutions, it is
entrusted, in accordance with the norms of law, to the special vigilance of the
diocesan Bishop.
Can. 616 §1 After consultation with the
diocesan Bishop, a supreme Moderator can suppress a lawfully established
religious house, in accordance with the constitutions. The institute’s own law
is to make provision for the disposal of the goods of the suppressed house,
with due regard for the wishes of founders or benefactors and for lawfully
acquired rights.
§2 The Holy See alone can suppress the sole house of
an institute, in which case it is also reserved to the Holy See to prescribe
concerning the property of the house.
§3 Unless the constitutions enact otherwise, the
suppression of the autonomous houses mentioned in can. 613 belongs to the
general chapter.
§4 The suppression of an autonomous monastery of
cloistered nuns pertains to the Apostolic See; the provisions of the
constitutions are to be observed concerning the property of the monastery.
Article 1: Superiors and Councils
Can. 617 Superiors are to fulfil
their office and exercise their authority in accordance with the norms of the
universal law and of their own law.
Can. 618 The authority which
Superiors receive from God through the ministry of the Church is to be
exercised by them in a spirit of service. In fulfilling their office they are
to be docile to the will of God, and are to govern those subject to them as
children of God. By their reverence for the human person, they are to promote
voluntary obedience. They are to listen willingly to their subjects and foster
their cooperation for the good of the institute and the Church, without
prejudice however to their authority to decide and to command what is to be
done.
Can. 619 Superiors are to devote
themselves to their office with diligence. Together with the members entrusted
to them, they are to strive to build in Christ a fraternal community, in which
God is sought and loved above all. They are therefore frequently to nourish
their members with the food of God’s word and lead them to the celebration of
the liturgy. They are to be an example to the members in cultivating virtue and
in observing the laws and traditions proper to the institute. They are to give
the members opportune assistance in their personal needs. They are to be
solicitous in caring for and visiting the sick; they are to chide the restless,
console the fainthearted and be patient with all.
Can. 620 Major Superiors are those
who govern an entire institute, or a province or a part equivalent to a
province, or an autonomous house; the vicars of the above are also major
Superiors. To these are added the Abbot Primate and the Superior of a monastic
congregation, though these do not have all the authority which the universal
law gives to major Superiors.
Can. 621 A province is a union of
several houses which, under one superior, constitutes an immediate part of the
same institute, and is canonically established by lawful authority.
Can. 622 The supreme Moderator has
authority over all provinces, houses and members of the institute, to be
exercised in accordance with the institute’s own law. Other Superiors have
authority within the limits of their office.
Can. 623 To be validly appointed or
elected to the office of Superior, members must have been perpetually or
definitively professed for an appropriate period of time, to be determined by
their own law or, for major Superiors, by the constitutions.
Can. 624 §1 Superiors are to be
constituted for a certain and appropriate period of time, according to the
nature and needs of the institute unless the constitutions establish otherwise
for the supreme Moderator and for Superiors of an autonomous house.
§2 An institute’s own law is to make suitable
provisions so that Superiors constituted for a defined time do not continue in
offices of governance for too long a period of time without an interval.
§3 During their period in office, however, Superiors
may be removed or transferred to another office, for reasons prescribed in the
institute’s own law.
Can. 625 The supreme Moderator of
the institute is to be designated by canonical election, in accordance with the
constitutions.
§2 The Bishop of the principal house of the institute
presides at the election of the Superior of the autonomous monastery mentioned
in can. 615, and at the election of the supreme Moderator of an institute of
diocesan right.
§3 Other Superiors are to be constituted in accordance
with the constitutions, but in such a way that if they are elected, they
require the confirmation of the competent major Superior; if they are appointed
by the Superior, the appointment is to be preceded by suitable consultation.
Can. 626 Superiors in conferring
offices, and members in electing to office, are to observe the norms of the
universal law and the institute’s own law, avoiding any abuse or preference of
persons. They are to have nothing but God and the good of the institute before
their eyes, and appoint or elect those whom, in the Lord, they know to be
worthy and fitting. In elections, besides, they are to avoid directly or
indirectly lobbying for votes, either for themselves or for others.
Can. 627 §1 Superiors are to have their
own council, in accordance with the constitutions, and they must make use of it
in the exercise of their office.
§2 Apart from the cases prescribed in the universal
law, an institute’s own law is to determine the cases in which the validity of
an act depends upon consent or advice being sought in accordance with can. 127.
[The superior does not have the right to vote with his or her council,
even to break a tie: see Authentic Interpretation of canon
127 §1, 5.VII.1985]
Can. 628 §1 Superiors who are
designated for this office by the institute’s own law are at stated times to
visit the houses and the members entrusted to them, in accordance with the
norms of the same law.
§2 The diocesan Bishop has the right and the duty to
visit the following, even in respect of religious discipline:
1° the autonomous monasteries mentioned in can. 615;
[See Congregation for Institutes of Consecrated life and Societies of Apostolic Life, Instruction Cor Orans, 1 April 2018, no. 111: “In exemption of can. 628 §2, 1° CIC, the Federation President, within the established time, accompanies the Regular Visitator in the canonical visit to the federated monasteries as a Co-Visitator.” (Exemption approved by the Holy Father in forma specifica.)]
2° the individual houses of an institute of diocesan
right situated in his territory.
§3 The members are to act with confidence towards the
visitator, to whom when lawfully questioning they are bound to reply truthfully
and with charity. It is not lawful for anyone in any way to divert the members
from this obligation or otherwise to hinder the scope of the visitation.
Can. 629 Superiors are to reside
each in his or her own house, and they are not to leave it except in accordance
with the institute’s own law.
Can. 630 §1 While safeguarding the
discipline of the institute, Superiors are to acknowledge the freedom due to
the members concerning the sacrament of penance and the direction of
conscience.
§2 Superiors are to take care, in accordance with the
institute’s own law, that the members have suitable confessors available, to
whom they may confess frequently.
§3 In monasteries of cloistered nuns, in houses of
formation, and in large lay communities, there are to be ordinary confessors,
approved by the local Ordinary after consultation with the community. There is
however, no obligation to approach these confessors.
§4 Superiors are not to hear the confessions of their
subjects unless the members spontaneously request them to do so.
§5 The members are
to approach their superiors with trust and be able to open their minds freely
and spontaneously to them. Superiors, however, are forbidden in any way to
induce the members to make a manifestation of conscience to themselves.
[See Pope Francis, Letter to the People of God, 20.VIII.2018, on combating the culture of abuse]
Can. 631 §1 In an institute the general
chapter has supreme authority in accordance with the constitutions. It is to be
composed in such a way that it represents the whole institute and becomes a
true sign of its unity in charity. Its principal functions are to protect the
patrimony of the institute mentioned in can. 578 and to foster appropriate
renewal in accord with that patrimony. It also elects the supreme Moderator,
deals with matters of greater importance, and issues norms which all are bound
to obey.
§2 The composition of the general chapter and the
limits of its powers are to be defined in the constitutions. The institute’s
own law is to determine in further detail the order to be observed in the
celebration of the chapter, especially regarding elections and the matters to
be treated.
§3 According to the norms determined in the
institute’s own law, not only provinces and local communities, but also any
individual member may freely submit their wishes and suggestions to the general
chapter.
Can. 632 The institute’s own law is
to determine in greater detail matters concerning other chapters and other
similar assemblies of the institute, that is, concerning their nature,
authority, composition, procedure and time of celebration.
Can. 633 §1 Participatory and
consultative bodies are faithfully to carry out the task entrusted to them, in
accordance with the universal law and the institute’s own law. In their own way
they are to express the care and participation of all the members for the good
of the whole institute or community.
§2 In establishing and utilising these means of
participation and consultation, a wise discernment is to be observed, and the
way in which they operate is to be in conformity with the character and purpose
of the institute.
Article 3: Temporal Goods and their Administration
Can. 634 §1 Since they are by virtue of
the law juridical persons, institutes, provinces and houses have the capacity
to acquire, possess, administer and alienate temporal goods, unless this
capacity is excluded or limited in the constitutions.
§2 They are, however, to avoid all appearance of
luxury, excessive gain and the accumulation of goods.
Can. 635 §1 Since the temporal goods of
religious institutes are ecclesiastical goods, they are governed by the
provisions of Book V on ‘The Temporal Goods of the Church’, unless there is
express provision to the contrary.
§2 Each institute, however, is to establish suitable
norms for the use and administration of goods, so that the poverty proper to
the institute may be fostered, defended and expressed.
Can. 636 §1 In each institute, and in
each province ruled by a major Superior, there is to be a financial
administrator, distinct from the major Superior and constituted in accordance
with the institute’s own law. The financial administrator is to administer the
goods under the direction of the respective Superior. Even in local communities
a financial administrator, distinct from the local Superior, is in so far as
possible to be constituted.
§2 At the time and in the manner determined in the
institute’s own law the financial administrator and others with financial
responsibilities are to render an account of their administration to the
competent authority.
Can. 637 Once a year, the autonomous
monasteries mentioned in can. 615 are to render an account of their
administration to the local Ordinary. The local Ordinary also has the right to
be informed about the financial affairs of a religious house of diocesan right.
Can. 638 §1 It is for an institute’s
own law, within the limits of the universal law, to define the acts which
exceed the purpose and the manner of ordinary administration, and to establish
what is needed for the validity of an act of extraordinary administration.
§2 Besides Superiors, other officials designated for
this task in the institute’s own law may, within the limits of their office,
validly make payments and perform juridical acts of ordinary administration.
§3 For the validity of alienation, and of any
transaction by which the patrimonial condition of the juridical person could be
adversely affected there is required the written permission of the competent
Superior, given with the consent of his or her council. Moreover, the
permission of the Holy See is required if the transaction involves a sum
exceeding that which the Holy See has determined for each region, or if it
concerns things donated to the Church as a result of a vow, or objects which
are precious by reason of their artistic or historical value.
§4 For the autonomous monasteries mentioned in can. 615, and for institutes of diocesan right, the written consent of the diocesan Bishop is necessary.
[See Congregation for Institutes of Consecrated life and Societies of Apostolic Life, Instruction Cor Orans, 1 April 2018:
52: “In
derogation from can. 638 §4 CIC, for the validity of the alienation and of any
other transaction by which the patrimonial situation of the monastery could be
damaged, the written permission of the Major Superior is required with the
consent of the Council or of the conventual Chapter, depending on the value of
the sale and the transaction, and the opinion of the Federal President”
(exemption approved by
the Holy Father in forma specifica);
81: “As regards the
female monasteries entrusted to the particular vigilance of the diocesan
Bishop, this is expressed in respect to the monastery community mainly in the
cases established by the universal law; as the diocesan Bishop, he: … d) in
derogation from can. 638 §4 CIC, gives as Local Ordinary, his written consent
for particular administrative acts, if established by its proper law”
(exemption
approved by the Holy Father in forma
specifica);
108: “In derogation from can. 638 §4 CIC,
for the validity of the alienation of the assets of the suppressed monasteries,
the President of the Federation and the Federal Council, beyond the value of
the asset to be alienated, always and exclusively requires written permission
from the Holy See
(exemption approved by the Holy Father in
forma specifica)]
Can. 639 §1 If a juridical person has
contracted debts and obligations, even with the permission of the Superior, it
is responsible for them.
§2 If individual members have, with the permission of
the Superior, entered into contracts concerning their own property, they are
responsible. If, however, they have conducted business for the institute on the
mandate of a Superior, the institute is responsible.
§3 If a religious has entered into a contract without
any permission of Superiors, the religious is responsible, not the juridical
person.
§4 However, an action can always be brought against a
person who has gained from a contract entered into.
§5 Superiors are to be careful not to allow debts to
be contracted unless they are certain that normal income can service the
interest on the debt, and by lawful amortization repay the capital over a
period which is not unduly extended.
Can. 640 Taking into account the
circumstances of the individual places, institutes are to make a special effort
to give, as it were, a collective testimony of charity and poverty. They are to
do all in their power to donate something from their own resources to help the
needs of the Church and the support of the poor.
Article 1: Admission to the Novitiate
Can. 641 The right to admit
candidates to the novitiate belongs to the major Superiors, in accordance with
the norms of the institute’s own law.
Can. 642 Superiors are to exercise a
vigilant care to admit only those who, besides being of required age, are
healthy, have a suitable disposition, and have sufficient maturity to undertake
the life which is proper to the institute. If necessary, the health, disposition
and maturity are to be established by experts, without prejudice to can. 220.
Can. 643 §1 The following are invalidly
admitted to the novitiate:
1° one who has not yet completed the seventeenth year
of age;
2° a spouse, while the marriage lasts;
3° one who is currently bound by a sacred bond to some
institute of consecrated life, or is incorporated in some society of apostolic
life, without prejudice to can. 684;
4° one who enters the institute through force, fear or
deceit, or whom the Superior accepts under the same influences;
5° one who has concealed his or her incorporation in
an institute of consecrated life or society of apostolic life.
§2 An institute’s own law can constitute other
impediments even for the validity of admission, or attach other conditions.
Can. 644 Superiors are not to admit
secular clerics to the novitiate without consulting their proper Ordinary; nor
those who have debts which they are unable to meet.
Can. 645 §1 Before candidates are
admitted to the novitiate they must produce proof of baptism and confirmation,
and of their free status.
§2 The admission of clerics or others who had been
admitted to another institute of consecrated life, to a society of apostolic
life, or to a seminary, requires in addition the testimony of, respectively,
the local Ordinary, or the major Superior of the institute or society, or the
rector of the seminary.
§3 An institute’s own law can demand further proofs
concerning the suitability of candidates and their freedom from any impediment.
§4 The Superiors can seek other information, even
under secrecy, if this seems necessary to them.
Article 2: The Novitiate and the Formation of Novices
Can. 646 The purpose of the
novitiate, by which life in an institute begins, is to give the novices a
greater understanding of their divine vocation, and of their vocation to that
institute. During the novitiate the novices are to experience the manner of
life of the institute and form their minds and hearts in its spirit. At the
same time their resolution and suitability are to be tested.
Can. 647 §1 The establishment, transfer
and suppression of a novitiate house are to take place by a written decree of
the supreme Moderator of the institute, given with the consent of the council.
§2 To be valid, a novitiate must take place in a house
which is duly designated for this purpose. In particular cases and by way of
exception and with the permission of the supreme Moderator given with the
consent of the council, a candidate can make the novitiate in another house of
the institute, under the direction of an approved religious who takes the place
of the director of novices.
§3 A major Superior can allow a group of novices to
reside, for a certain period of time, in another specified house of the
institute.
Can. 648 §1 For validity, the novitiate
must comprise twelve months spent in the novitiate community, without prejudice
to the provision of can. 647 §3.
§2 To complete the formation of the novices, the
constitutions can prescribe, in addition to the time mentioned in §1, one or
more periods of apostolic activity, to be performed outside the novitiate
community.
§3 The novitiate is not to be extended beyond two
years.
Can. 649 §1 Without prejudice to the
provisions of can. 647 §3, and can. 648 §2, a novitiate is invalidated by an
absence from the novitiate house of more than three months, continuous or
broken. Any absence of more than fifteen days must be made good.
§2 With the permission of the competent major
Superior, first profession may be anticipated, though not by more than fifteen
days.
Can. 650 §1 The object of the novitiate
demands that novices be formed under the supervision of the director of
novices, in a manner of formation to be defined by the institute’s own law.
§2 The governance of the novices is reserved to the
director of novices alone, under the authority of the major Superiors.
Can. 651 §1 The director of novices is
to be a member of the institute who has taken perpetual vows and has been
lawfully designated.
§2 If need be, directors of novices may be given
assistants, who are subject to them in regard to the governance of the
novitiate and the manner of formation.
§3 Those in charge of the formation of novices are to
be members who have been carefully prepared, and who are not burdened with
other tasks, so that they may discharge their office fruitfully and in a stable
fashion.
Can. 652 §1 It is the responsibility of
the directors of novices and their assistants to discern and test the vocation
of the novices, and gradually to form them to lead the life of perfection which
is proper to the institute.
§2 Novices are to be led to develop human and Christian
virtues. Through prayer and self‑denial they are to be introduced to a
fuller way of perfection. They are to be instructed in contemplating the
mystery of salvation, and in reading and meditating on the sacred Scriptures.
Their preparation is to enable them to develop their worship of God in the
sacred liturgy. They are to learn how to lead a life consecrated to God and
their neighbour in Christ through the evangelical counsels. They are to learn
about the character and spirit of the institute, its purpose and discipline,
its history and life, and be imbued with a love for the Church and its sacred
Pastors.
§3 Novices, conscious of their own responsibility, are
to cooperate actively with the director of novices, so that they may faithfully
respond to the grace of their divine vocation.
§4 By the example of their lives and by prayer, the
members of the institute are to ensure that they do their part in assisting the
work of formation of the novices.
§5 The period of novitiate mentioned in can. 648 §1,
is to be set aside exclusively for the work of formation. The novices are
therefore not to be engaged in studies or duties which do not directly serve
this formation.
Can. 653 §1 A novice may freely leave
the institute. The competent authority of the institute may also dismiss a
novice.
§2 On the completion of the novitiate, a novice, if
judged suitable, is to be admitted to temporary profession; otherwise the
novice is to be dismissed. If a doubt exists concerning suitability, the time
of probation may be prolonged by the major Superior, in accordance with the
institute’s own law, but for a period not exceeding six months.
Article 3: Religious Profession
Can. 654 By religious profession
members make a public vow to observe the three evangelical counsels. Through
the ministry of the Church they are consecrated to God, and are incorporated
into the institute, with the rights and duties defined by law.
Can. 655 Temporary profession is to
be made for the period defined by the institute’s own law. This period may not
be less than three years nor longer than six years.
Can. 656 The validity of temporary
profession requires:
1° that the person making it has completed at least
the eighteenth year of age;
2° that the novitiate has been made validly;
3° that admission has been granted, freely and in
accordance with the norms of law, by the competent Superior, after a vote of
his or her council;
4° that the profession be explicit and made without
force, fear or deceit;
5° that the profession be received by the lawful
Superior, personally or through another.
Can. 657 §1 When the period of time for
which the profession was made has been completed, a religious who freely asks,
and is judged suitable, is to be admitted to a renewal of profession or to
perpetual profession; otherwise, the religious is to leave.
§2 If it seems opportune, the period of temporary
profession can be extended by the competent Superior in accordance with the
institute’s own law. The total time during which the member is bound by
temporary vows may not, however, extend beyond nine years.
§3 Perpetual profession can for a just reason be
anticipated, but not by more than three months.
Can. 658 Besides the conditions
mentioned in can. 656, nn. 3, 4 and 5, and others attached by the institute’s
own law, the validity of perpetual profession requires:
1° that the person has completed at least the twenty‑first
year of age;
2° that there has been previous temporary profession
for at least three years, without prejudice to the provision of can. 657 §3.
Article 4: The Formation of Religious
Can. 659 §1 After first profession, the
formation of all members in each institute is to be completed, so that they may
lead the life proper to the institute more fully, and fulfil its mission more
effectively.
§2 The institute’s own law is, therefore, to define
the nature and duration of this formation. In this, the needs of the Church and
the conditions of people and times are to be kept in mind, insofar as this is
required by the purpose and the character of the institute.
§3 The formation of members who are being prepared for
sacred orders is governed by the universal law and the institute’s own program
of studies.
Can. 660 §1 Formation is to be
systematic, adapted to the capacity of the members, spiritual and apostolic,
both doctrinal and practical. Suitable ecclesiastical and civil degrees are to
be obtained as opportunity offers.
§2 During the period of formation members are not to
be given offices and undertakings which hinder their formation.
Can. 661 Religious are to be
diligent in continuing their spiritual, doctrinal and practical formation
throughout their lives. Superiors are to ensure that they have the assistance
and the time to do this.
Can. 662 Religious are to find their
supreme rule of life in the following of Christ as proposed in the Gospel and
as expressed in the constitutions of their own institute.
Can. 663 §1 The first and principal
duty of all religious is to be the contemplation of things divine and constant
union with God in prayer.
§2 Each day the members are to make every effort to
participate in the Eucharistic sacrifice, receive the most holy Body of Christ
and adore the Lord himself present in the Sacrament.
§3 They are to devote themselves to reading the sacred
Scriptures and to mental prayer. In accordance with the provisions of their own
law, they are to celebrate the liturgy of the hours worthily, without prejudice
to the obligation of clerics mentioned in can. 276 §2, n. 3. They are also to
perform other exercises of piety.
§4 They are to have a special devotion to the Virgin
Mother of God, the example and protectress of all consecrated life, including
by way of the rosary.
§5 They are faithfully to observe the period of annual
retreat.
Can. 664 Religious are earnestly to
strive for the conversion of soul to God. They are to examine their consciences
daily, and to approach the sacrament of penance frequently
Can. 665 §1 Religious are to reside in their own religious house and observe the common life; they are not to stay elsewhere except with the permission of the Superior. For a lengthy absence from the religious house, the major Superior, for a just reason and with the consent of the council, can authorise a member to live outside a house of the institute; such an absence is not to exceed one year, unless it be for reasons of health, studies or an apostolate to be exercised in the name of the institute.
[See Congregation for Institutes of Consecrated life and Societies of Apostolic Life, Instruction Cor Orans, 1 April 2018:
176. “The limitation in the Instruction Verbi Sponsa, n. 17 §2 (“It should be noted that the norm of can. 665 §1, on permanence outside the Institute, does not regard enclosed nuns”), has been repealed; for just cause the Major Superior, according to the norm of can. 665 §1 CIC, with the consent of her Council, may authorize the absence from the monastery of a nun with solemn vows for not more than a year, after hearing the diocesan Bishop or the competent religious Ordinary”]
§2 Members who unlawfully absent themselves from a
religious house with the intention of withdrawing from the authority of
Superiors, are to be carefully sought out and helped to return and to persevere
in their vocation.
Can. 666 In using the means of
social communication, a necessary discretion is to be observed. Members are to
avoid whatever is harmful to their vocation and dangerous to the chastity of a
consecrated person.
Can. 667 §1 In accordance with the
institute’s own law, there is to be in all houses an enclosure appropriate to
the character and mission of the institute. Some part of the house is always to
be reserved to the members alone.
§2 A stricter discipline of enclosure is to be
observed in monasteries which are devoted to the contemplative life.
§3 Monasteries of cloistered nuns who are wholly
devoted to the contemplative life, must observe papal enclosure, that is, in
accordance with the norms given by the Apostolic See. Other monasteries of
cloistered nuns are to observe an enclosure which is appropriate to their
nature and is defined in the constitutions.
§4 The diocesan Bishop has the faculty of entering, for a just reason, the enclosure of cloistered nuns whose monasteries are situated in his diocese. For a grave reason and with the assent of the Abbess, he can permit others to be admitted to the enclosure, and permit the nuns to leave the enclosure for whatever time is truly necessary.
[See Congregation for Institutes of Consecrated life and Societies of Apostolic Life, Instruction Cor Orans, 1 April 2018:
83. “All female monasteries, without prejudice
to internal autonomy and possible external exemption are subject to the
diocesan Bishop, who exercises pastoral care in the following cases: … g) the
diocesan Bishop has the faculty, for a just cause, of entering the cloister and
allowing other people to enter, with the consent of the Major Superior”
(partial derogation from can. 667 §4 CIC approved by the Holy Father in forma specifica);
174. “In derogation from the provision of can.
667 §4 CIC, the diocesan Bishop, as well as the religious Ordinary, does not
intervene in granting dispensation from the cloister”
(exemption approved by the Holy Father in
forma specifica);
175. “In derogation of the provisions of can.
667 §4 CIC, the dispensation from the cloister rests solely with the Major
Superior who, in the event that such dispensation exceeds fifteen days, can
grant it only after having obtained the consent of her Council”
(exemption approved by the Holy Father in
forma specifica)]
Can. 668 §1 Before their first
profession, members are to cede the administration of their goods to whomsoever
they wish and, unless the constitutions provide otherwise, they are freely to
make dispositions concerning the use and enjoyment of these goods. At least before
perpetual profession, they are to make a will which is valid also in civil law.
§2 To change these dispositions for a just reason, and
to take any action concerning temporal goods, there is required the permission
of the Superior who is competent in accordance with the institute’s own law.
§3 Whatever a religious acquires by personal labour,
or on behalf of the institute, belongs to the institute. Whatever comes to a
religious in any way through pension, grant or insurance also passes to the
institute, unless the institute’s own law decrees otherwise.
§4 When the nature of an institute requires members to
renounce their goods totally, this renunciation is to be made before perpetual
profession and, as far as possible, in a form that is valid also in civil law;
it shall come into effect from the day of profession. The same procedure is to
be followed by a perpetually professed religious who, in accordance with the
norms of the institute’s own law and with the permission of the supreme
Moderator, wishes to renounce goods, in whole or in part.
§5 Professed religious who, because of the nature of
their institute, totally renounce their goods, lose the capacity to acquire and
possess goods; actions of theirs contrary to the vow of poverty are therefore
invalid. Whatever they acquire after renunciation belongs to the institute, in
accordance with the institute’s own law.
Can. 669 §1 As a sign of their
consecration and as a witness to poverty, religious are to wear the habit of
their institute, determined in accordance with the institute’s own law.
§2 Religious of a clerical institute who do not have a
special habit are to wear clerical dress, in accordance with can. 284.
Can. 670 The institute must supply
the members with everything that, in accordance with the constitutions, is
necessary to fulfil the purpose of their vocation.
Can. 671 Religious are not to
undertake tasks and offices outside their own institute without the permission
of the lawful Superior.
Can. 672 Religious are bound by the
provisions of cann. 277, 285, 286, 287 and 289. Religious who are clerics are
also bound by the provisions of can. 279 §2. In lay institutes of pontifical
right, the permission mentioned in can. 285 §4 can be given by the major
Superior.
Can. 673 The apostolate of all
religious consists primarily in the witness of their consecrated life, which
they are bound to foster through prayer and penance.
Can. 674 Institutes which are wholly
directed to contemplation always have an outstanding part in the mystical Body
of Christ. They offer to God an exceptional sacrifice of praise. They embellish
the people of God with very rich fruits of holiness, move them by their
example, and give them increase by a hidden apostolic fruitfulness. Because of
this, no matter how urgent the needs of the active apostolate, the members of
these institutes cannot be called upon to assist in the various pastoral
ministries.
Can. 675 §1 Apostolic action is of the
very nature of institutes dedicated to apostolic works. The whole life of the
members is, therefore, to be imbued with an apostolic spirit, and the whole of
their apostolic action is to be animated by a religious spirit.
§2 Apostolic action is always to proceed from intimate
union with God, and is to confirm and foster this union.
§3 Apostolic action exercised in the name of the
Church and by its command is to be performed in communion with the Church.
Can. 676 Lay institutes of men and
women participate in the pastoral mission of the Church through the spiritual
and corporal works of mercy, performing very many different services for
people. They are therefore to remain faithful to the grace of their vocation.
Can. 677 §1 Superiors and members are
faithfully to hold fast to the mission and works which are proper to their
institute. According to the needs of time and place, however, they are
prudently to adapt them, making use of new and appropriate means.
§2 Institutes which have associations of Christ’s
faithful joined to them are to have a special care that these associations are
imbued with the genuine spirit of their family.
Can. 678 §1 In matters concerning the
care of souls, the public exercise of divine worship and other works of the
apostolate, religious are subject to the authority of the Bishops, whom they
are bound to treat with sincere obedience and reverence.
§2 In the exercise of an apostolate towards persons
outside the institute, religious are also subject to their own Superiors and
must remain faithful to the discipline of the institute. If the need arises,
Bishops themselves are not to fail to insist on this obligation.
§3 In directing the apostolic works of religious,
diocesan Bishops and religious Superiors must proceed by way of mutual
consultation.
Can. 679 For a very grave reason a
diocesan Bishop can forbid a member of a religious institute to remain in his
diocese, provided the person’s major Superior has been informed and has failed
to act; the matter must immediately be reported to the Holy See.
Can. 680 Organised cooperation is to
be fostered among different institutes, and between them and the secular
clergy. Under the direction of the Bishop, there is to be a coordination of all
apostolic works and actions, with due respect for the character and purpose of
each institute and the laws of its foundation.
Can. 681 §1 Works which the diocesan
Bishop entrusts to religious are under the authority and direction of the
Bishop, without prejudice to the rights of religious Superiors in accordance
with can. 678 §§2 and 3.
§2 In these cases a written agreement is to be made
between the diocesan Bishop and the competent Superior of the institute. This
agreement must expressly and accurately define, among other things, the work to
be done, the members to be assigned to it and the financial arrangements.
Can. 682 §1 If an ecclesiastical office
in a diocese is to be conferred on a member of a religious institute, the
religious is appointed by the diocesan Bishop on presentation by, or at least
with the consent of, the competent Superior.
§2 The religious can be removed from the office at the
discretion of the authority who made the appointment, with prior notice being
given to the religious Superior; or by the religious Superior, with prior
notice being given to the appointing authority. Neither requires the other’s
consent.
Can. 683 §1 Either personally or
through a delegate, the diocesan Bishop can visit churches or oratories to
which Christ’s faithful have habitual access, schools other than those open
only to the institute’s own members, and other works of religion and charity
entrusted to religious, whether these works be spiritual or temporal. He can do
this at the time of pastoral visitation, or in a case of necessity.
§2 If the diocesan Bishop becomes aware of abuses, and
a warning to the religious Superior having been in vain, he can by his own
authority deal with the matter.
Article 1: Transfer to another Institute
Can. 684 §1 Perpetually professed
members cannot transfer from their own religious institute to another, except
by permission of the supreme Moderators of both institutes, given with the
consent of their respective councils.
§2 On completion of a probationary period of at least
three years, the member can be admitted to perpetual profession in the new
institute. A member who refuses to make this profession, or is not admitted to
do so by the competent Superiors, is to return to the original institute,
unless an indult of secularisation has been obtained.
§3 For a religious to transfer from one autonomous monastery to another monastery of the same institute, federation or confederation, the consent of the major Superior of both monasteries and of the chapter of the receiving monastery is required and is sufficient, unless the institute’s own law has established further conditions. A new profession is not required.
[An Authentic Interpretation of canon
684 §3, 20.VI.1987
clarifies that the term “religious” in can. 684 §3 applies to religious in temporary vows as well
as to those in perpetual vows]
§4 The institute’s own law is to determine the time
and manner of the probation which must precede the member’s profession in the
new institute.
§5 To transfer to a secular institute or to a society
of apostolic life, or to transfer from these to a religious institute, the
permission of the Holy See is required and its instructions are to be followed.
Can. 685 §1 Until profession is made in
the new institute, the rights and obligations of the member in the previous
institute are suspended, but the vows remain. From the beginning of probation,
the member is bound to observe the laws of the new institute.
§2 By profession in the new institute the member is
incorporated into it, and the earlier vows, rights and obligations cease.
Article 2: Departure from the Institute
Can. 686 §1 With the consent of the council, the supreme moderator for a grave cause can grant an indult of exclaustration to a member professed by perpetual vows, but not for more than five years, and if it concerns a cleric, with the prior consent of the ordinary of the place in which he must reside. To extend an indult or to grant it for more than five years is reserved to the Holy See, or to the diocesan bishop if it concerns institutes of diocesan right.
[Revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]
§2 Only the Apostolic See can grant an indult of exclaustration for cloistered nuns.
[See Congregation for Institutes of Consecrated life and Societies of Apostolic Life, Instruction Cor Orans, 1 April 2018:
130. “In exemption of can. 686 §2 CIC, the
Federal Council gives its consent for the request of the indult of
exclaustration for a nun of solemn vows, after the year granted by the Major
Superior of the monastery, up to the completion of three years”
(exemption approved by the Holy Father in
forma specifica);
131. “The Federal Council gives its consent for
the request for the extension of the indult of exclaustration for a nun of
solemn vows, to be requested from the Holy See”
(exemption approved by the Holy Father in
forma specifica);
177. “In derogation of can. 686 §2 CIC, the
Major Superior, with the consent of her Council, can grant the indult of
exclaustration to a nun professed with solemn vows, for not more than a year,
after the consent of the Ordinary of the place where the nun will have to live,
and after having heard the opinion of the diocesan Bishop or of the competent
religious Ordinary”
(exemption approved by the Holy Father in
forma specifica);
178. “In derogation of can. 686 §2 CIC, an
extension of the indult of exclaustration can be granted by the Federal
President with the consent of her Council, for a nun professed with solemn vows
of a monastery of the Federation for a period of no more than two years”
(exemption approved by the Holy Father in
forma specifica)]
§3 At the request of the supreme Moderator acting with
the consent of his or her council, exclaustration can be imposed by the Holy
See on a member of an institute of pontifical right, or by a diocesan Bishop on
a member of an institute of diocesan right. In either case a grave reason is
required, and equity and charity are to be observed.
Can. 687 Members who are
exclaustrated are considered as dispensed from those obligations which are
incompatible with their new condition of life. They remain dependent on and
under the care of their Superiors and, particularly in the case of a cleric, of
the local Ordinary. They may wear the religious habit, unless the indult
specifies otherwise, but they lack active and passive voice.
Can. 688 §1 A person who, on completion
of the time of temporary profession, wishes to leave the institute, is free to
do so.
§2 During the time of temporary profession, a person who asks to leave the institute for a grave cause can obtain an indult of departure from the supreme moderator with the consent of his or her council; in the case of an autonomous monastery, mentioned in can. 615, however, the bishop of the house of assignment must confirm the indult for it to be valid.
[Revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]
Can. 689 §1 The competent major
Superior, after consulting his or council, can for just reasons exclude a
member from making further profession on the completion of temporary
profession.
§2 Even though contracted after profession, a
physical or psychological infirmity which, in the judgement of experts, renders
the member mentioned in §1 unsuited to lead a life in the institute,
constitutes a reason for not admitting the member to renewal of profession or
to perpetual profession, unless the infirmity was contracted through the
negligence of the institute or because of work performed in the institute.
§3 A religious who becomes insane during the period of
temporary vows cannot be dismissed from the institute, even though unable to
make a new profession.
Can. 690 §1 A person who lawfully
leaves the institute after completing the novitiate or after profession, can be
re‑admitted by the supreme Moderator, with the consent of his or her
council, without the obligation of repeating the novitiate. The same Moderator
is to determine an appropriate probation prior to temporary profession, and the
length of time in vows before making perpetual profession, in accordance with
the norms of can. 655 and 657.
§2 The Superior of an autonomous monastery, acting
with the consent of his or her council, has the same faculty.
Can. 691 §1 A perpetually professed
religious is not to seek an indult to leave the institute, except for very
grave reasons, weighed before the Lord. The petition is to be presented to the
supreme Moderator of the institute, who will forward it to the competent authority
with his or her own opinion and that of the council.
§2 In institutes of pontifical right this indult is
reserved to the Apostolic See. In institutes of diocesan right the indult can
be granted by the Bishop in whose diocese is located the house to which the
religious is assigned.
Can. 692 An indult to leave the
institute, which is lawfully granted and notified to the member, by virtue of
the law itself carries with it, unless it has been rejected by the member in
the act of notification, a dispensation from the vows and from all obligations
arising from profession.
Can. 693 If the member is a cleric,
the indult is not granted until he has found a Bishop who will incardinate him
in his diocese or at least receive him there on probation. If he is received on
probation, he is by virtue of the law itself incardinated in the diocese after
five years, unless the Bishop has rejected him.
Article 3: The Dismissal of Members
Can. 694 §1 A religious must be
held as dismissed ipso facto from an institute who:
1° has defected notoriously from
the Catholic faith;
2° has contracted marriage or
attempted it, even only civilly;
3° has been illegitimately
absent from the religious house, pursuant to can. 665 §2, for 12 consecutive
months, taking into account that the location of the religious himself or
herself may be unknown.
§2 In such cases the Major
Superior, with his or her council and without hesitation, having gathered the
evidence, must issue the statement of the case so that the dismissal may be
juridically constituted.
§3 In the case envisaged by §1, n. 3, in order to be juridically constituted, this statement must be confirmed by the Holy See; for institutes of diocesan right the confirmation rests with the Bishop of the principal See.
[Revised wording according to m.p. Communis vita,
19.III.2019]
Can. 695 §1 A member must be dismissed for the offences mentioned in cann. 1395, 1397, and 1398, unless, for the offences mentioned in can. 1395 §§2-3 and 1398 §1, the Superior judges that dismissal is not absolutely necessary; and that sufficient provision can be made in some other way for the amendment of the member, the restoration of justice and the reparation of scandal.
[Revised wording according to m.p. Recognitum Librum VI, 26.IV.2022]
§2 In these cases the major Superior is to collect the
evidence concerning the facts and the imputability of the offence. The
accusation and the evidence are then to be presented to the member, who shall
be given the opportunity for defence. All the acts, signed by the major
Superior and the notary, are to be forwarded, together with the written and
signed replies of the member, to the supreme Moderator.
Can. 696 §1 A member can be dismissed
for other causes, provided they are grave, external, imputable and juridically
proven. Among such causes are: habitual neglect of the obligations of
consecrated life; repeated violations of the sacred bonds; obstinate disobedience
to the lawful orders of Superiors in grave matters; grave scandal arising from
the culpable behaviour of the member; obstinate attachment to, or diffusion of,
teachings condemned by the magisterium
of the Church; public adherence to materialistic or atheistic ideologies; the
unlawful absence mentioned in can. 665 §2, if it extends for a period of six
months; other reasons of similar gravity which are perhaps defined in the
institute’s own law.
§2 A member in temporary vows can be dismissed even
for less grave reasons determined in the institute’s own law.
Can. 697 §1 In the cases mentioned in
can. 696, if the major Superior, after consulting his or her council, judges
that the process of dismissal should be commenced:
1° the major Superior is to collect or complete the
evidence;
2° the major Superior is to warn the member in
writing, or before two witnesses, with an explicit caution that dismissal will
follow unless the member reforms. The reasons for dismissal are to be clearly
expressed and the member is to be given every opportunity for defence. If the
warning has no effect, another warning is to be given after an interval of at
least fifteen days;
3° if this latter warning is also ineffectual, and the
major Superior with his or her council judges that there is sufficient proof of
incorrigibility, and that the defence by the member is insufficient, after
fifteen days from the last warning have passed in vain all the acts, signed by
the major Superior and the notary, are to be forwarded, together with the
signed replies of the member, to the supreme Moderator.
Can. 698 In all the cases mentioned
in cann. 695 and 696, the member always retains the right to communicate with,
and send replies directly to, the supreme Moderator.
Can. 699 §1 The supreme Moderator and
his or her council are to proceed in collegial fashion in accurately weighing
the evidence, the arguments, and the defence. For validity, the council must
comprise at least four members. If by a secret vote it is decided to dismiss
the religious, a decree of dismissal is to be drawn up, which for validity must
express at least in summary form the reasons in law and in fact.
§2 In the autonomous monasteries mentioned in can. 615, it belongs to the major superior, with the consent of his or her council, to decide on dismissal.
[Revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]
Can. 700 A decree of dismissal issued in the case of a professed member takes effect from the time that it is communicated to the member concerned. To be valid, however, the decree must indicate the right which the dismissed possesses to make recourse to the competent authority within thirty days from receiving notification, without the need for the petition in can. 1743 §1. The recourse has suspensive effect.
[Revised wording according to m.p. Competentias quasdam decernere, 11.II.2022, and m.p. Expedit ut iura, 2.IV.2023]
[An Authentic Interpretation of canon
700, 17.V.1986 had stated
that the decree of dismissal could only be notified to the person dismissed
after its confirmation by the Holy See, not before. The amended wording of the
canon no longer requires that the decree of dismissal be confirmed by the
competent superior prior to notification.]
Can. 701 By lawful dismissal, both
the vows and the rights and duties deriving from profession automatically
cease. If the member is a cleric, he may not exercise sacred orders until he
finds a Bishop who will, after a suitable probation, receive him into his diocese
in accordance with can. 693, or who will at least allow him to exercise his
sacred orders.
Can. 702 §1 Whoever lawfully leaves a
religious institute or is lawfully dismissed from one, cannot claim anything
from the institute for any work done in it.
§2 The institute, however, is to show equity and
evangelical charity towards the member who is separated from it.
Can. 703 §1 In a case of grave external
scandal, or of extremely grave and imminent harm to the institute, a member can
be expelled forthwith from the house by the major Superior. If there is danger
in delay, this can be done by the local Superior with the consent of his or her
council. The major Superior, if need be, is to introduce a process of dismissal
in accordance with the norms of law, or refer the matter to the Apostolic See.
Can. 704 In the report to be sent to
the Apostolic See in accordance with can. 592 §1, mention is to be made of
members who have been separated in any way from the institute.
Can. 705 A religious who is raised
to the episcopate remains a member of his institute, but is subject only to the
Roman Pontiff by his vow of obedience. He is not bound by obligations which he
prudently judges are not compatible with his condition.
[A religious bishop lacks an active and passive voice in his own
institute.
If a religious is appointed a judge of the Roman Rota, he is not exempt from
the religious Ordinary or from the obligations deriving from the religious
profession (as in the case of religious raised to the episcopate), except in
what concerns the exercise of his office.
See Authentic Interpretations of canon
705, 17.V.1986 and 23.V.1988]
Can. 706 In the case of the
religious mentioned above:
1° if he has lost the ownership of his goods through
his profession he now has the use and enjoyment and the administration of the
goods which he acquires. In the case of a diocesan Bishop and of those
mentioned in can. 381 §2, the particular Church acquires their ownership; in
the case of others, they belong to the institute or the Holy See, depending on
whether the institute is or is not capable of possessing goods;
2° if he has not lost the ownership of his goods
through his profession, he recovers the use and enjoyment and the
administration of the goods he possessed; what he obtains later, he acquires
fully;
3° in both cases any goods he receives which are not
personal gifts must be disposed of according to the intention of the donors.
Can. 707 §1 A religious Bishop
‘emeritus’ may choose to reside outside the house of his institute, unless the
Apostolic See disposes otherwise.
§2 If he has served a diocese, can. 402 §2 is to be observed concerning his suitable and worthy maintenance, unless his own institute wishes to provide such maintenance. Otherwise, the Apostolic See is to make other provision.
Can. 708 Major Superiors can
usefully meet together in conferences and councils, so that by combined effort
they may work to achieve more fully the purpose of each institute, while
respecting the autonomy, nature and spirit of each. They can also deal with
affairs which are common to all, and work to establish suitable coordination
and cooperation with Episcopal Conferences and with individual Bishops.
Can. 709 Conferences of major
Superiors are to have their own statutes, which must be approved by the Holy
See. Only the Holy See can establish them or give them juridical personality.
They remain under the ultimate direction of the Holy See.
Can. 710 A secular institute is an
institute of consecrated life in which Christ’s faithful, living in the world,
strive for the perfection of charity and endeavour to contribute to the
sanctification of the world, especially from within.
Can. 711 Without prejudice to the
provisions of the law concerning institutes of consecrated life, consecration
as a member of a secular institute does not change the member’s canonical
status among the people of God, be it lay or clerical.
Can. 712 Without prejudice to the
provisions of can. 598‑601, the constitutions are to establish the sacred
bonds by which the evangelical counsels are undertaken in the institute. They
are to define the obligations which these bonds entail, while always preserving
in the manner of life the secular character proper to the institute.
Can. 713 §1 Members of these institutes
express and exercise their special consecration in apostolic activity. Like a
leaven, they endeavour to permeate everything with an evangelical spirit for
the strengthening and growth of the Body of Christ.
§2 Lay members participate in the evangelising mission
of the Church in the world and from within the world. They do this by their
witness of Christian life and of fidelity to their consecration, and by the
assistance they give in directing temporal affairs to God and in animating the
world by the power of the Gospel. They also offer their cooperation to serve
the ecclesial community in accordance with the secular manner of life proper to
them.
§3 Clerical members, by the witness of their
consecrated life, especially in the presbyterium,
support their colleagues by a distinctive apostolic charity, and in the people
of God they further the sanctification of the world by their sacred ministry.
Can. 714 Members are to live their
lives in the ordinary conditions of the world, either alone, in their families
or in fraternal groups, in accordance with the constitutions.
Can. 715 §1 Clerical members
incardinated in a diocese are subject to the diocesan Bishop, except for
whatever concerns the consecrated life of their own institutes.
§2 Those who, in accordance with the norms of can. 266
§3, are incardinated in the institute, and who are appointed to works proper to
the institute or to the governance of the institute, are subject to the Bishop
in the same way as religious.
Can. 716 §1 All members are to take an
active part in the life of the institute, in accordance with the institute’s
own law.
§2 Members of the same institute are to preserve a
rapport with one another, carefully fostering a unity of spirit and a genuine
fraternity.
Can. 717 §1 The constitutions are to
determine the institute’s own form of governance. They are to define the period
of time for which Moderators exercise their office and the manner in which they
are to be designated.
§2 No one is to be designated supreme Moderator unless
definitively incorporated into the institute.
§3 Those entrusted with the governance of the
institute are to ensure that its unity of spirit is maintained, and that the
active participation of the members is developed.
Can. 718 The administration of the
goods of the institute must express and foster evangelical poverty. It is
governed by the norms of Book V on ‘The Temporal Goods of the Church’, and by
the institute’s own law. This same law of the institute is also to define the
obligations, especially the financial obligations, of the institute towards the
members engaged in its work.
Can. 719 §1 Members are to respond
faithfully to their vocation, and their apostolic action is to proceed from
their union with Christ. They are therefore to devote themselves assiduously to
prayer and engage in a suitable way in the reading of the sacred Scriptures.
They are to make an annual retreat and perform other spiritual exercises in
accordance with their own law.
§2 The celebration of the Eucharist, daily where
possible, is to be the source and strength of their whole consecrated life.
§3 They are to go freely to the sacrament of penance
and receive it frequently.
§4 They are to be free to obtain the necessary
spiritual direction. Should they so desire, they may seek such counsel even
from their Moderators.
Can. 720 The right of admitting a
person to the institute, or to probation, or to the taking of sacred bonds,
both temporary and perpetual or definitive, belongs to the major Moderators
with their council, in accordance with the constitutions.
Can. 721 §1 The following are invalidly
admitted to initial probation:
1° one who has not yet attained majority;
2° one who is currently bound by a sacred bond in
another institute of consecrated life, or incorporated in a society of
apostolic life;
3° a spouse, while the marriage lasts.
§2 The constitutions can establish other impediments
to admission, even for validity, or attach conditions to it.
§3 For a person to be received into the institute,
that degree of maturity is required which is necessary to live the life of the
institute properly.
Can. 722 §1 The initial probation is to
be so arranged that the candidates can better recognise their divine vocation
and their vocation to that institute, and be trained in the spirit and manner
of life of the institute.
§2 Candidates are to be properly formed to live a life
according to the evangelical counsels. They are to be taught how to translate
this life completely into their apostolate, applying those forms of
evangelisation which best correspond to the purpose, spirit and character of
the institute.
§3 The constitutions are to define the manner and time
of the probation to be made before the first sacred bonds are undertaken in the
institute; this time is to be not less than two years.
Can. 723 §1 When the time of the
initial probation has been completed, a candidate who is judged suitable is
either to undertake the three evangelical counsels, sealed with a sacred bond,
or to leave the institute.
§2 This first incorporation is to be temporary, in
accordance with the constitutions, but is to be for not less than five years.
§3 When this period of incorporation has been
completed, a member who is judged suitable is to be admitted to perpetual, or
definitive incorporation, that is, by temporary bonds always to be renewed.
§4 Definitive incorporation is equivalent to perpetual
incorporation in respect of defined juridical effects, which are to be
established in the constitutions.
Can. 724 §1 After the first acceptance
of the sacred bonds, formation is to continue without interruption in
accordance with the constitutions.
§2 Members are to be formed simultaneously in matters
human and divine. The Moderators of the institute are to have a serious concern
for the continued spiritual formation of the members.
Can. 725 The institute can associate
with itself, by some form of bond determined in the constitutions, other
members of Christ’s faithful who seek evangelical perfection according to the
spirit of the institute and who share in its mission.
Can. 726 §1 When the time of temporary
incorporation is completed, the member can freely leave the institute, or can
for a just cause be excluded from renewing the sacred bonds by the major
Moderator, after consultation with his or her council.
§2 A temporarily incorporated member who freely
requests it, can for a grave reason be granted an indult to leave the institute
by the supreme Moderator, with the consent of the council.
Can. 727 §1 A perpetually incorporated
member who wishes to leave the institute must, after seriously weighing the
matter before the Lord, petition the Apostolic See through the supreme
Moderator, if the institute is of pontifical right; otherwise, the indult can also
be obtained from the diocesan Bishop, as determined in the constitutions.
§2 For a cleric who is incardinated in the institute,
the provision of can. 693 is to be observed.
Can. 728 When an indult to leave the
institute has been lawfully granted, all bonds, rights and obligations deriving
from incorporation cease.
Can. 729 Dismissal of a member of the institute proceeds pursuant to cann. 694 §1, 1 and 2; and 695. The constitutions may also define other causes for dismissal, provided that they be commensurately serious, external, attributable and juridically proven, and that the procedure in cann. 697-700 also be observed. The provisions of can. 701 are applicable to the dismissed member.
[Revised wording according to m.p. Communis vita,
19.III.2019]
Can. 730 For a member to transfer
from one secular institute to another, the provisions of can. 684 §§1, 2, 4 and
685, are to be observed. A transfer to or from another kind of institute of
consecrated life requires the permission of the Apostolic See, whose instructions
must be followed.
Can. 731 §1 Societies of apostolic
life resemble institutes of consecrated life. Their members, without taking
religious vows, pursue the apostolic purpose proper to each society. Living a
fraternal life in common in their own special manner, they strive for the
perfection of charity through the observance of the constitutions.
§2 Among these societies are some in which the
members, through a bond defined in the constitutions, undertake to live the
evangelical counsels.
Can. 732 Cann. 578‑597 and 606
apply to societies of apostolic life, with due regard, however, for the nature
of each society. For the societies mentioned in can. 731 §2, cann. 598‑602
also apply.
Can. 733 §1 A house is established and
a local community is constituted by the competent authority of the society,
with the prior written consent of the diocesan Bishop. The Bishop must also be
consulted when there is question of its suppression.
§2 Consent to establish a house carries with it the
right to have at least an oratory in which the blessed Eucharist is celebrated
and reserved.
Can. 734 The governance of the
society is determined by the constitutions, without prejudice, in accordance
with the nature of each society, to cann. 617‑633.
Can. 735 §1 The admission, probation,
incorporation and formation of members are determined by each society’s own
law.
§2 For admission into the society, the conditions
prescribed in cann. 642‑645 are to be observed.
§3 The society’s own law must determine a programme of
doctrinal, spiritual and apostolic probation and formation that is adapted to
the purpose and character of the society. In this way members can recognise
their divine vocation and be suitably prepared for the mission and way of life
of the society.
Can. 736 §1 In clerical societies, the
clerics are incardinated into the society, unless the constitutions determine
otherwise.
§2 The norms concerning the secular clergy apply to
the programme of studies and reception of orders, without prejudice to §1.
Can. 737 For the members,
incorporation carries with it the rights and obligations defined in the
constitutions. On the part of the society, it implies a responsibility to lead
the members towards the purpose of their vocation, in accordance with the
constitutions.
Can. 738 §1 All members are subject to
their own Moderators in matters concerning the internal life and discipline of
the society, in accordance with the constitutions.
§2 They are also subject to the diocesan Bishop in
matters concerning public worship, the care of souls and other works of the
apostolate, with due regard to cann. 679‑683.
§3 The relationship between a member who is
incardinated in a diocese and his proper Bishop is to be defined in the
constitutions or in particular agreements.
Can. 739 Apart from the obligations
which derive from their constitutions, members are bound by the common
obligations of clerics, unless the nature of things or the context indicates
otherwise.
Can. 740 Members must live in a
lawfully constituted house or community and observe a common life, in
accordance with their own law. This same law also governs their absence from
the house or community.
Can. 741 §1 Societies and, unless the
constitutions provide otherwise, their constituent parts and their houses, are
juridical persons. As such, they are capable of acquiring, possessing,
administering and alienating temporal goods in accordance with the provisions
of Book V on ‘The Temporal Goods of the Church’, of cann. 636, 638 and 639, and
of their own law.
§2 Members are also capable, in accordance with their
own law, of acquiring, possessing, administering and disposing of temporal
goods, but whatever comes to them in view of the society is acquired for the
society.
Can. 742 The departure and dismissal
of a member who is not definitively incorporated are governed by the
constitutions of each society.
Can. 743 A member who is
definitively incorporated can obtain an indult to leave the society from the
supreme Moderator with the consent of the council, unless the constitutions
reserve this to the Apostolic See. This indult means that the rights and
obligations deriving from definitive incorporation cease, without prejudice to
can. 693.
Can. 744 §1 Permission for a member who
is definitively incorporated to transfer to another society of apostolic life
is likewise reserved to the supreme Moderator with the consent of his or her
council. The rights and obligations of the member’s own society are suspended
for the time being, but the member has the right to return to it before
definitive incorporation into the new society.
§2 To transfer to an institute of consecrated life or
from such an institute to a society of apostolic life, the permission of the
Holy See is required, and its instructions are to be followed.
Can. 745 The supreme Moderator, with
the consent of his or her council, can grant a definitively incorporated member
an indult to live outside the society for a period not exceeding three years.
Rights and obligations which are not compatible with this new condition are
suspended, but the member remains under the care of the Moderators. If the
member is a cleric, the consent of the Ordinary of the place where he must
reside is also required, and the member remains under the care of the Ordinary
and dependent upon him.
Can. 746 For the dismissal of a
member who is definitively incorporated, the provisions of cann. 694‑704
are to be observed, making the appropriate adjustments.
Can. 747 §1 It is the obligation and
inherent right of the Church, independent of any human authority, to preach the
Gospel to all peoples, using for this purpose even its own means of social
communication, for it is to the Church that Christ the Lord entrusted the
deposit of faith, so that by the assistance of the Holy Spirit, it might
conscientiously guard revealed truth, more intimately penetrate it, and
faithfully proclaim and expound it.
§2 The Church has the right always and everywhere to
proclaim moral principles, even in respect of the social order, and to make
judgements about any human matter in so far as this is required by fundamental
human rights or the salvation of souls.
Can. 748 §1 All are bound to seek the
truth in the matters which concern God and his Church; when they have found it,
then by divine law they are bound, and they have the right, to embrace and keep
it.
§2 It is never lawful for anyone to force others to
embrace the Catholic faith against their conscience.
Can. 749 §1 In virtue of his office the
Supreme Pontiff is infallible in his teaching when, as chief Shepherd and
Teacher of all Christ’s faithful, with the duty of strengthening his brethren
in the faith, he proclaims by definitive act a doctrine to be held concerning
faith or morals.
§2 The College of Bishops also possesses infallibility
in its teaching when the Bishops, gathered together in an Ecumenical Council
and exercising their magisterium as
teachers and judges of faith and morals, definitively declare for the universal
Church a doctrine to be held concerning faith or morals; likewise, when the
Bishops, dispersed throughout the world but maintaining the bond of union among
themselves and with the successor of Peter, together with the same Roman
Pontiff authentically teach matters of faith or morals, and are agreed that a
particular teaching is definitively to be held.
§3 No doctrine is understood to be infallibly defined
unless this is manifestly demonstrated.
Can. 750 §1 Those things are to be
believed by divine and Catholic faith which are contained in the word of God as
it has been written down or handed down by tradition, that is, in the single
deposit of faith entrusted to the Church, and which are at the same time
proposed as divinely revealed either by the solemn magisterium of the Church, or by its ordinary and universal magisterium, which is manifested by the
common adherence of Christ’s faithful under the guidance of the sacred magisterium. All are therefore bound to
shun any contrary doctrines.
§2 The faithful are also required to accept and hold each and every one of the teachings that are definitively proposed by the Church’s magisterium regarding faith or morals, which are required to safeguard the deposit of the faith reverently and to expound it faithfully. Anyone who denies that these propositions are to be held definitively is therefore opposed to the Church’s teaching.
[Revised wording according to m.p. Ad tuendam fidem, 18.V.1998]
Can. 751 Heresy is the obstinate
denial or doubt, after baptism, of a truth which must be believed by divine and
Catholic faith. Apostasy is the total repudiation of the Christian faith.
Schism is the withdrawal of submission to the Supreme Pontiff or from communion
with the members of the Church subject to him.
Can. 752 While the assent of faith
is not required, a religious submission of intellect and will is to be given to
any doctrine which either the Supreme Pontiff or the College of Bishops,
exercising their authentic magisterium,
declare upon a matter of faith or morals, even though they do not intend to
proclaim that doctrine by definitive act. Christ’s faithful are therefore to
ensure that they avoid whatever does not accord with that doctrine.
Can. 753 Whether they teach
individually, or in Episcopal Conferences, or gathered together in particular
councils, Bishops in communion with the head and the members of the College,
while not infallible in their teaching, are the authentic instructors and teachers
of the faith for Christ’s faithful entrusted to their care. The faithful are
bound to adhere, with a religious submission of mind, to this authentic magisterium of their Bishops.
[Chapter IV of the m.p. Apostolos suos, 21.V.1998, specifies how the Episcopal Conference should act before laying down an act of authentic magisterium]
Can. 754 All Christ’s faithful are
obliged to observe the constitutions and decrees which lawful ecclesiastical
authority issues for the purpose of proposing doctrine or of proscribing
erroneous opinions; this is particularly the case of those published by the Roman
Pontiff or by the College of Bishops.
Can. 755 §1 It pertains especially to
the entire College of Bishops and to the Apostolic See to foster and direct
among Catholics the ecumenical movement, the purpose of which is the
restoration of unity between all Christians which, by the will of Christ, the
Church is bound to promote.
§2 It is a matter likewise for Bishops and, in
accordance with the law, for Episcopal Conferences, to promote this same unity
and, in line with the various needs and opportunities of the circumstances, to
issue practical norms which accord with the provisions laid down by the supreme
authority of the Church.
Can. 756 §1 The office of preaching the
Gospel to the whole Church has been committed principally to the Roman Pontiff
and to the College of Bishops.
§2 For the particular Churches entrusted to them, that
office is exercised by the individual Bishops, who are the moderators of the
entire ministry of the word in their Churches. Sometimes, however, in
accordance with the law, a number of Bishops simultaneously carry out that
office together in respect of a number of different Churches.
Can. 757 It belongs to priests, as
co‑operators of the Bishops, to proclaim the Gospel of God. For the
people entrusted to their care, this task rests especially on parish priests,
and on other priests entrusted with the care of souls. Deacons also are to
serve the people of God in the ministry of the word, in union with the Bishop
and his presbyterium.
Can. 758 By reason of their
consecration to God, members of institutes of consecrated life bear particular
witness to the Gospel, and so are fittingly called upon by the Bishop to help
in proclaiming the Gospel.
Can. 759 The lay members of Christ’s
faithful, by reason of their baptism and confirmation, are witnesses to the
good news of the Gospel, by their words and by the example of their Christian
life. They can also be called upon to cooperate with Bishops and priests in the
exercise of the ministry of the word.
Can. 760 The mystery of Christ is to
be faithfully and fully presented in the ministry of the word, which must be
founded upon sacred Scripture, Tradition, liturgy and the magisterium and life of the Church.
Can. 761 While pride of place must
always be given to preaching and catechetical instruction, all the available
means of proclaiming Christian doctrine are to be used: the exposition of
doctrine in schools, in institutes of higher learning, at conferences and
meetings of all kinds; public declarations by lawful authority on the occasion
of certain events; the printed word and other means of social communication.
Can. 762 The people of God are first
united through the word of the living God, and are fully entitled to seek this
word from their priests. For this reason sacred ministers are to consider the
office of preaching as of great importance, since proclaiming the Gospel of God
to all is among their principal duties.
Can. 763 Bishops have the right to
preach the word of God everywhere, even in churches and oratories of religious
institutes of pontifical right, unless the local Bishop has expressly forbidden
it in particular cases.
Can. 764 Without prejudice to the
provisions of can. 765, priests and deacons, with the at least presumed consent
of the rector of a church, have the faculty to preach everywhere, unless this
faculty has been restricted or removed by the competent Ordinary, or unless
particular law requires express permission.
Can. 765 To preach to religious in
their churches or oratories, permission is required of the Superior who is
competent according to their constitutions.
Can. 766 The laity may be allowed to
preach in a church or oratory if in certain circumstances it is necessary, or
in particular cases it would be advantageous, according to the provisions of
the Episcopal Conference and without prejudice to can. 767 §1.
Can. 767 §1 The most important form of preaching is the homily, which is part of the liturgy, and is reserved to a priest or deacon. In the course of the liturgical year, the mysteries of faith and the rules of Christian living are to be expounded in the homily from the sacred text.
[An Authentic Interpretation of canon
767 §1, 20.VI.1987
declares that the bishop may not dispense from the reservation of the homily to
a priest or deacon; see also the guidance in no. 59 of the post-synodal
Apostolic Exhortation Verbum Domini,
30.IX.2010]
§2 At all Masses on Sundays and holydays of
obligation, celebrated with a congregation, there is to be a homily and, except
for a grave reason, this may not be omitted.
§3 It is strongly recommended that, if a sufficient
number of people are present, there be a homily at weekday Masses also,
especially during Advent and Lent, or on a feast day or an occasion of grief.
§4 It is the responsibility of the parish priest or
the rector of a church to ensure that these provisions are carefully observed.
Can. 768 §1 Those who announce the word
of God to Christ’s faithful are first and foremost to set out those things
which it is necessary to believe and to practise for the glory of God and the
salvation of all.
§2 They are also to explain to the faithful the
teaching of the magisterium of the
Church concerning the dignity and freedom of the human person; the unity,
stability and duties of the family; people’s social obligations and the
ordering of temporal affairs according to the plan established by God.
Can. 769 Christian teaching is to be
explained in a manner that is suited to the condition of the hearers and
adapted to the circumstances of the times.
Can. 770 At certain times, according
to the regulations of the diocesan Bishop, parish priests are to arrange for
sermons in the form of retreats and missions, as they are called, or in other
forms adapted to requirements.
Can. 771 §1 Pastors of souls,
especially Bishops and parish priests, are to be solicitous that the word of
God is preached to those also of the faithful who, because of the circumstances
of their lives, cannot sufficiently avail themselves of the ordinary pastoral care
or are even totally deprived of it.
§2 They are also to take care that the good news of
the Gospel reaches those living in their territory who are non‑believers,
since these too, no less than the faithful, must be included in the care of
souls.
Can. 772 §1 In the exercise of the
office of preaching, everyone is moreover to observe the norms laid down by the
Bishop of the diocese.
§2 In expounding Christian teaching on radio or
television, the provisions of the Episcopal Conference are to be observed.
Can. 773 It is pastors of souls
especially who have the serious duty of attending to the catechesis of the Christian
people, so that, through doctrinal formation and the experience of the Christian
life, the living faith of the people may be manifest and active.
Can. 774 §1 The care for catechesis, under the direction of lawful ecclesiastical authority, extends to all members of the Church, to each according to his or her role.
[The m.p. Antiquum ministerium, 10.V.2021, institutes the lay ministry of catechist]
§2 Before all others, parents are bound to form their
children, by word and example, in faith and in Christian living. The same
obligation binds godparents and those who take the place of parents.
Can. 775 §1 While observing provisions
made by the Apostolic See it is the responsibility of diocesan Bishops to issue
norms concerning catechetical matters; to ensure that appropriate means of
catechesis are available, even by preparing a catechism, if this seems opportune;
to foster and to coordinate catechetical initiatives.
§2 If it seems useful, it is for the conference of bishops to take care that catechisms are issued for its territory, with the previous confirmation of the Apostolic See.
[Revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]
§3 The Episcopal Conference may establish a
catechetical office, whose principal purpose is to assist individual dioceses
in catechetical matters.
Can. 776 By virtue of his office,
the parish priest is bound to ensure the catechetical formation of adults,
young people and children. To this end, he is to avail himself of the help of
clerics attached to the parish, as well as of members of institutes of consecrated
life and of societies of apostolic life, being mindful of the character of each
institute; and the assistance of lay members of Christ’s faithful, especially
catechists. All of these, unless they are lawfully impeded, are not to refuse
to give their labours willingly. The parish priest is also to promote and to
foster the role of parents in the family catechesis mentioned in can. 774 §2.
Can. 777 In a special way, the
parish priest is to ensure, in accordance with the norms laid down by the
diocesan Bishop, that:
1° an adequate catechesis is given for the celebration
of the sacraments;
2° children are properly prepared for first confession
and first holy communion, and for the sacrament of confirmation, by means of
catechetical formation over an appropriate period of time;
3° children, after they have made their first holy
communion, are given a richer and deeper catechetical formation;
4° as far as their condition allows, catechetical
formation is given to the mentally and physically handicapped;
5° the faith of young people and of adults is
strengthened, enlightened and developed by various catechetical methods and
initiatives .
Can. 778 Religious Superiors and
Superiors of societies of apostolic life are to ensure that catechetical
formation is diligently given in their churches and schools, and in other works
in any way entrusted to their care.
Can. 779 Catechetical formation is
to be given by employing all those aids, educational resources and means of
communication which seem the more effective in securing that the faithful,
according to their character capability, age and circumstances of life, may be
more fully steeped in Catholic teaching and prepared to put it into practice.
Can. 780 Local Ordinaries are to
ensure that catechists are duly trained to carry out their office properly,
namely, that continuing formation is available to them, that they have an
appropriate knowledge of the teaching of the Church, and that they learn both the
theory and the practice of the principles of pedagogy.
Can. 781 Because the whole Church is
of its nature missionary and the work of evangelisation is to be considered a
fundamental duty of the people of God, all Christ’s faithful must be conscious
of the responsibility to play their part in missionary activity.
Can. 782 §1 The Roman Pontiff and the
College of Bishops have the responsibility for the overall direction and
coordination of the initiatives and activities which concern missionary work
and cooperation.
§2 As the sponsors of the universal Church and of all
the Churches, all Bishops are to have a special solicitude for missionary
activity, especially by arousing, fostering and sustaining missionary
initiatives in their own particular Churches.
Can. 783 Members of institutes of
consecrated life, because of the dedication to the service of the Church
deriving from their very consecration, have an obligation to play a zealous and
special part in missionary activity, in a manner appropriate to their institute.
Can. 784 Missionaries, that is,
those who have been sent by the competent ecclesiastical authority to engage in
missionary activity, may be chosen from the indigenous population or from
others, be they secular clergy, or members of institutes of consecrated life or
of a society of apostolic life, or other lay members of Christ’s faithful.
Can. 785 §1 Catechists are to be given
a role in missionary work. These are lay members of Christ’s faithful who have
received proper formation and are outstanding in their living of the Christian
life. Under the direction of missionaries, they are to present the Gospel
teaching and engage in liturgical worship and in works of charity.
§2 Catechists are to receive their formation in
schools founded for this purpose. If there are no such schools, they are to be
formed under the direction of the missionaries.
Can. 786 Missionary activity
properly so called, whereby the Church is founded amongst peoples or groups
where it has not taken root before, is performed principally by the Church
sending heralds of the Gospel, until such time as the new Churches are fully
constituted, that is, have their own resources and sufficient means, so that
they themselves can carry on the work of evangelisation.
Can. 787 §1 By the testimony of their
words and of their lives, missionaries are to establish a sincere dialogue with
those who do not believe in Christ, so that, taking their native character and
culture into account, ways may be opened up by which they can be led to know
the good news of the Gospel.
§2 Missionaries are to ensure that they teach the
truths of the faith to those whom they judge to be ready to receive the good
news of the Gospel, so that, if they freely request it, they may be admitted to
the reception of baptism.
Can. 788 §1 Those who have expressed
the wish to embrace faith in Christ, and who have completed the period of their
preliminary catechumenate, are to be admitted to the catechumenate proper in a
liturgical ceremony; and their names are to be inscribed in the book which is
kept for this purpose.
§2 By formation and their first steps in Christian
living, catechumens are to be initiated into the mysteries of salvation, and
introduced into the life of faith, liturgy and charity of the people of God, as
well as into the apostolate.
§3 It is the responsibility of the Episcopal
Conference to establish norms concerning the arrangement of the catechumenate,
determining what should be done by catechumens and what should be their
prerogatives.
Can. 789 By means of appropriate
formation, neophytes are to be led to a deeper knowledge of the Gospel truths,
and to the fulfilment of the duties undertaken in baptism. They are also to be
imbued with a sincere love of Christ and his Church.
Can. 790 §1 In mission territories, it
is the responsibility of the diocesan Bishop:
1° to promote, regulate and coordinate both new
initiatives and established works concerning missionary activity;
2° to ensure that there are proper agreements with the
Moderators of those institutes which dedicate themselves to missionary
activities, and that relationships with them are for the good of the mission.
§2 The provisions made by the diocesan Bishop in
accordance with §1, n. 1 are binding on all missionaries, including religious
and their helpers residing in his territory.
Can. 791 In order to foster
missionary cooperation, in each diocese:
1° vocations to the mission are to be promoted;
2° a priest is to be appointed to promote missionary
initiatives, especially the ‘Pontifical Missionary Works’;
3° a day for the missions is to be celebrated
annually;
4° each year an appropriate financial contribution for
the missions is to be sent to the Holy See.
Can. 792 The Episcopal Conference is
to establish and promote means by which those who come to their territory from
the missions, for the purpose of work or study, are to be given a fraternal
welcome and helped with suitable pastoral care.
Can. 793 §1 Parents, and those who take
their place, have both the obligation and the right to educate their children.
Catholic parents have also the duty and the right to choose those means and
institutes which, in their local circumstances, can best promote the Catholic
education of their children.
§2 Parents have moreover the right to avail themselves
of that assistance from civil society which they need to provide a Catholic
education for their children.
Can. 794 §1 The Church has in a special
way the duty and the right of educating, for it has a divine mission of helping
all to arrive at the fullness of Christian life.
§2 Pastors of souls have the duty of making all
possible arrangements so that all the faithful may avail themselves of a Catholic
education.
Can. 795 Education must pay regard
to the formation of the whole person, so that all may attain their eternal
destiny and at the same time promote the common good of society. Children and
young persons are therefore to be cared for in such a way that their physical,
moral and intellectual talents may develop in a harmonious manner, so that they
may attain a greater sense of responsibility and a right use of freedom, and be
formed to take an active part in social life.
Can. 796 §1 Among the means of
advancing education, Christ’s faithful are to consider schools as of great
importance, since they are the principal means of helping parents to fulfil
their role in education.
§2 There must be the closest cooperation between
parents and the teachers to whom they entrust their children to be educated. In
fulfilling their task, teachers are to collaborate closely with the parents and
willingly listen to them; associations and meetings of parents are to be set up
and held in high esteem.
Can. 797 Parents must have a real
freedom in their choice of schools. For this reason Christ’s faithful must be
watchful that the civil society acknowledges this freedom of parents and, in
accordance with the requirements of distributive justice, even provides them
with assistance.
Can. 798 Parents are to send their
children to those schools which will provide for their Catholic education. If
they cannot do this, they are bound to ensure the proper Catholic education of
their children outside the school.
Can. 799 Christ’s faithful are to
strive to secure that in the civil society the laws which regulate the
formation of the young, also provide a religious and moral education in the
schools that is in accord with the conscience of the parents.
Can. 800 §1 The Church has the right to
establish and to direct schools for any field of study or of any kind and
grade.
§2 Christ’s faithful are to promote Catholic schools,
doing everything possible to help in establishing and maintaining them.
Can. 801 Religious institutes which
have education as their mission are to keep faithfully to this mission and
earnestly strive to devote themselves to Catholic education, providing this
also through their own schools which, with the consent of the diocesan Bishop,
they have established.
Can. 802 §1 If there are no schools in
which an education is provided that is imbued with a Christian spirit, the
diocesan Bishop has the responsibility of ensuring that such schools are
established.
§2 Where it is suitable, the diocesan Bishop is to
provide for the establishment of professional and technical schools, and of
other schools catering for special needs.
Can. 803 §1 A Catholic school is
understood to be one which is under the control of the competent ecclesiastical
authority or of a public ecclesiastical juridical person, or one which in a
written document is acknowledged as Catholic by the ecclesiastical authority.
§2 Formation and education in a Catholic school must
be based on the principles of Catholic doctrine, and the teachers must be
outstanding in true doctrine and uprightness of life.
§3 No school, even if it is in fact Catholic, may bear
the title ‘Catholic school’ except by the consent of the competent
ecclesiastical authority.
Can. 804 §1 The formation and education
in the Catholic religion provided in any school, and through various means of
social communication is subject to the authority of the Church. It is for the
Episcopal Conference to issue general norms concerning this field of activity
and for the diocesan Bishop to regulate and watch over it.
§2 The local Ordinary is to be careful that those who
are appointed as teachers of religion in schools, even non‑Catholic ones,
are outstanding in true doctrine, in the witness of their Christian life, and
in their teaching ability.
Can. 805 In his own diocese, the
local Ordinary has the right to appoint or to approve teachers of religion and,
if religious or moral considerations require it, the right to remove them or to
demand that they be removed.
Can. 806 §1 The diocesan Bishop has the
right to watch over and inspect the Catholic schools situated in his territory,
even those established or directed by members of religious institutes. He has
also the right to issue directives concerning the general regulation of Catholic
schools these directives apply also to schools conducted by members of a
religious institute, although they retain their autonomy in the internal
management of their schools.
§2 Those who are in charge of Catholic schools are to
ensure, under the supervision of the local Ordinary, that the formation given
in them is, in its academic standards, at least as outstanding as that in other
schools in the area.
Can. 807 The Church has the right to
establish and to govern universities, which serve to promote the deeper culture
and fuller development of the human person, and to complement the Church’s own
teaching office.
Can. 808 No university, even if it
is in fact Catholic, may bear the title ‘Catholic university’ except by the
consent of the competent ecclesiastical authority.
Can. 809 If it is possible and
appropriate, Episcopal Conferences are to take care to have within their
territories suitably located universities or at least faculties, in which the
various disciplines, while retaining their own scientific autonomy, may be
researched and taught in the light of Catholic doctrine.
Can. 810 §1 In Catholic universities it
is the duty of the competent statutory authority to ensure that there be
appointed teachers who are not only qualified in scientific and pedagogical
expertise, but are also outstanding in their integrity of doctrine and
uprightness of life. If these requirements are found to be lacking, it is also
that authority’s duty to see to it that these teachers are removed from office,
in accordance with the procedure determined in the statutes.
§2 The Episcopal Conference and the diocesan Bishops
concerned have the duty and the right of seeing to it that, in these
universities, the principles of Catholic doctrine are faithfully observed.
Can. 811 §1 The competent
ecclesiastical authority is to ensure that in Catholic universities there is
established a faculty or an institute or at least a chair of theology, in which
lectures are given to lay students also.
§2 In every Catholic university there are to be
lectures which principally treat of those theological questions connected with
the studies of each faculty.
Can. 812 Those who teach theological
subjects in any institute of higher studies must have a mandate from the
competent ecclesiastical authority.
Can. 813 The diocesan Bishop is to
be zealous in his pastoral care of students, even by the creation of a special
parish, or at least by appointing priests with a stable assignment to this
care. In all universities, even in those which are not Catholic, the diocesan
Bishop is to provide Catholic university centres, to be of assistance to the
young people, especially in spiritual matters.
Can. 814 The provisions which are
laid down for universities apply equally to other institutes of higher studies.
Can. 815 By virtue of its office to
announce revealed truth, it belongs to the Church to have its own
ecclesiastical universities and faculties to study the sacred sciences and
subjects related to them, and to teach these disciplines to students in a
scientific manner.
Can. 816 §1 Ecclesiastical universities
and faculties may be constituted only by the Apostolic See or with its
approval. Their overall direction also belongs to the Apostolic See.
§2 Each ecclesiastical university and faculty must
have its own statutes and program of studies, approved by the Apostolic See.
Can. 817 Only a university or a
faculty established or approved by the Apostolic See may confer academic
degrees which have canonical effects in the Church.
Can. 818 The provisions of cann.
810, 812 and 813 concerning Catholic universities apply also to ecclesiastical
universities and faculties.
Can. 819 In so far as the good of a
diocese or religious institute or indeed even of the universal Church requires
it, young persons, clerics and members of institutes, outstanding in character,
intelligence and virtue, must be sent to ecclesiastical universities or
faculties by their diocesan Bishops or the Superiors of their institutes.
Can. 820 Moderators and professors
of ecclesiastical universities and faculties are to ensure that the various
faculties of the university cooperate with each other, to the extent that their
aims permit. They are also to ensure that between their own university or
faculty and other universities and faculties, even non‑ecclesiastical
ones, there be a mutual cooperation in which, through conferences, coordinated
scientific research and other means, they work together for the greater
increase of scientific knowledge.
Can. 821 Where it is possible, the
Episcopal Conference and the diocesan Bishop are to provide for the
establishment of institutes for higher religious studies, in which are taught
theological and other subjects pertaining to Christian culture.
Can. 822 §1 In exercising their office
the pastors of the Church, availing themselves of a right which belongs to the
Church, are to make an ample use of the means of social communication.
§2 Pastors are also to teach the faithful that they
have the duty of working together so that the use of the means of social
communication may be imbued with a human and Christian spirit.
§3 All Christ’s faithful, especially those who in any
way take part in the management or use of the media, are to be diligent in
assisting pastoral action, so that the Church can more effectively exercise its
office through these means.
Can. 823 §1 In order to safeguard the
integrity of faith and morals, pastors of the Church have the duty and the
right to ensure that in writings or in the use of the means of social
communication there should be no ill effect on the faith and morals of Christ’s
faithful. They also have the duty and the right to demand that where writings
of the faithful touch upon matters of faith and morals, these be submitted to
their judgement. Moreover, they have the duty and the right to condemn writings
which harm true faith or good morals.
§2 For Christ’s faithful entrusted to their care, the
duty and the right mentioned in §1 belong to the Bishops, both as individuals
and in particular councils or Episcopal Conferences; for the whole people of
God, they belong to the supreme authority in the Church.
Can. 824 §1 Unless it is otherwise
provided, the local Ordinary whose permission or approval for publishing a book
is to be sought according to the canons of this title, is the author’s proper
local Ordinary, or the Ordinary of the place in which the book is published.
§2 Unless the contrary is clear, what is said in the
canons of this title about books, applies also to any writings intended for
publication.
Can. 825 §1 Books of the sacred
Scriptures may not be published unless they are approved by the Apostolic See
or the Episcopal Conference. The publication of translations of the sacred
Scriptures requires the approval of the same authority, and they must have
necessary and sufficient explanatory notes.
§2 With the permission of the Episcopal Conference, Catholic
members of Christ’s faithful, in cooperation with separated brethren, may
prepare and publish versions of the Scriptures, with appropriate explanatory
notes.
Can. 826 §1 For liturgical books, the
provisions of can. 838 are to be observed.
§2 To republish liturgical books or to publish
translations of all or part of them, it must be established, by an attestation
of the Ordinary of the place in which they are published, that they accord with
an approved edition.
[On the criteria to be followed in translating liturgical texts, see Congregation for Divine Worship and the Discipline of the Sacraments, Instruction Liturgiam authenticam, 28.III.2001, and the changes introduced to can. 838 §§2-3 by the m.p. Magnum principium, 3.IX.2017]
§3 Prayer books, for either the public or the private
use of the faithful, are not to be published except by permission of the local
Ordinary.
Can. 827 §1 Without prejudice to the
provisions of can. 775 §2, the publication of catechisms and other writings
pertaining to catechetical formation, as well as their translations, requires
the approval of the local Ordinary.
§2 Books dealing with matters concerning sacred
Scripture, theology, canon law, church history, or religious or moral subjects
may not be used as textbooks on which the instruction is based, in elementary,
intermediate or higher schools, unless they were published with the approbation
of the competent ecclesiastical authority or were subsequently approved by that
authority.
§3 It is recommended that books dealing with the
subjects mentioned in §2, even though not used as basic textbooks, and any
writings which specially concern religion or good morals, be submitted to the
judgement of the local Ordinary.
§4 Books or other written material dealing with
religion or morals may not be displayed, sold or given away in churches or
oratories, unless they were published with the permission of the competent
ecclesiastical authority or were subsequently approved by that authority.
Can. 828 Collections of decrees or
acts published by any ecclesiastical authority may not be republished without
first seeking the permission of the same authority and observing the conditions
which it lays down.
Can. 829 Approval or permission to
publish a work is valid only for the first edition, but not for new editions or
translations.
Can. 830 §1 Every local Ordinary
retains the right to appoint persons whom he considers competent to give a
judgement about books. The Episcopal Conference, however, may draw up a list of
censors who are outstanding for their knowledge, right doctrine and prudence,
to be available to diocesan curias; it may even establish a commission of
censors whom the local Ordinary can consult.
§2 In carrying out this task, a censor must put aside
all preference of persons and look only to the teaching of the Church
concerning faith and morals, as declared by its magisterium.
§3 The censor must give an opinion in writing. If it is favourable, the Ordinary may, in his prudent judgement, give his permission for the work to be published, adding his own name and the date and place of the permission. If he does not give this permission, the Ordinary must inform the author of the reasons for the refusal.
[According to an Authentic Interpretation of canon
830 §3, 20.VI.1987, the
permission is to be printed in published books, indicating the name of the one
giving the permission, and the date and place of the granting of the permission]
Can. 831 §1 Unless there is a just and
reasonable cause, no member of Christ’s faithful may write in newspapers,
pamphlets or periodicals which clearly are accustomed to attack the Catholic
religion or good morals. Clerics and members of religious institutes may write
in them only with the permission of the local Ordinary.
§2 It is for the Episcopal Conference to lay down
norms determining the requirements for clerics and members of religious
institutes to take part in radio and television programmes which concern Catholic
doctrine or morals.
Can. 832 To publish writings on
matters of religion or morals, members of religious institutes require also the
permission of their major Superior, in accordance with the constitutions.
Can. 833 The following are
personally bound to make a profession of faith, according to the formula
approved by the Apostolic See:
1° in the presence of the president or his delegate:
all who, with a deliberative or a consultative vote, take part in an Ecumenical
Council, a particular council, the synod of Bishops, or a diocesan synod; in
the presence of the council or synod: the president himself;
2° in accordance with the statutes of the sacred
College: those promoted to the dignity of Cardinal;
3° in the presence of a delegate of the Apostolic See:
all who are promoted to the episcopate, and all those who are equivalent to a
diocesan Bishop;
4° in the presence of the college of consultors: the
diocesan Administrator;
5° in the presence of the diocesan Bishop or his
delegate: Vicars general, episcopal Vicars and judicial Vicars;
6° in the presence of the local Ordinary or his
delegate: parish priests; the rector, professors of theology and philosophy in
seminaries, at the beginning of their term of office; and those who are to be
promoted to the order of diaconate;
7° in the presence of the Chancellor or, in the
absence of the Chancellor, the local Ordinary, or the delegates of either: the
rector of an ecclesiastical or Catholic university, at the beginning of the
term of office; in the presence of the rector if he is a priest, or of the
local Ordinary or the delegates of either: those who in any universities teach
subjects which deal with faith or morals, at the beginning of their term of
office;
8° in accordance with the constitutions: Superiors in
religious institutes and clerical societies of apostolic life.
Can. 834 §1 The Church carries out its
office of sanctifying in a special way in the sacred liturgy, which is an
exercise of the priestly office of Jesus Christ. In the liturgy, by the use of
signs perceptible to the senses, our sanctification is symbolised and, in a
manner appropriate to each sign, is brought about. Through the liturgy a
complete public worship is offered to God by the head and members of the
mystical body of Christ.
§2 This worship takes place when it is offered in the
name of the Church, by persons lawfully deputed and through actions approved by
ecclesiastical authority.
Can. 835 §1 The sanctifying office is
exercised principally by Bishops, who are the high priests, the principal
dispensers of the mysteries of God and the moderators, promoters and guardians
of the entire liturgical life in the Churches entrusted to their care.
§2 This office is also exercised by priests. They,
too, share in the priesthood of Christ and, as his ministers under the
authority of the Bishop, are consecrated to celebrate divine worship and to
sanctify the people.
§3 Deacons have a share in the celebration of divine
worship in accordance with the provisions of law.
§4 The other members of Christ’s faithful have their
own part in this sanctifying office, each in his or her own way actively
sharing in liturgical celebrations, particularly in the Eucharist. Parents have
a special share in this office when they live their married lives in a Christian
spirit and provide for the Christian education of their children.
Can. 836 Since Christian worship, in
which the common priesthood of Christ’s faithful is exercised, must proceed
from and rest upon faith, sacred ministers are to strive diligently to arouse
and enlighten this faith, especially by the ministry of the word by which faith
is born and nourished.
Can. 837 §1 Liturgical actions are not
private but are celebrations of the Church itself as the ‘sacrament of unity’,
that is, the holy people united and ordered under the Bishops. Accordingly,
they concern the whole body of the Church, making it known and influencing it.
They affect individual members of the Church in ways that vary according to
orders, role and actual participation.
§2 Since liturgical matters by their very nature call
for a community celebration, they are, as far as possible, to be celebrated in
the presence of Christ’s faithful and with their active participation.
Can. 838 §1 The ordering and guidance
of the sacred liturgy depends solely upon the authority of the Church, namely,
that of the Apostolic See and, as provided by law, that of the diocesan Bishop.
§2 It is for the Apostolic See to order the sacred liturgy of the universal Church, publish liturgical books, recognise adaptations approved by the Episcopal Conference according to the norm of law, and exercise vigilance that liturgical regulations are observed faithfully everywhere.
[Revised wording according to m.p. Magnum principium, 3.IX.2017]
§3 It pertains to the Episcopal Conferences to faithfully prepare versions of the liturgical books in vernacular languages, suitable accommodated within defined limits, and to approve and publish the liturgical books for the regions for which they are responsible after the confirmation of the Apostolic See.
[Revised wording according to m.p. Magnum principium, 3.IX.2017]
§4 Within the limits of his competence, it belongs to
the diocesan Bishop to lay down for the Church entrusted to his care,
liturgical regulations which are binding on all.
Can. 839 §1 The Church carries out its
sanctifying office by other means also, that is by prayer, in which it asks God
to make Christ’s faithful holy in the truth, and by works of penance and
charity, which play a large part in establishing and strengthening in souls the
Kingdom of Christ, and so contribute to the salvation of the world.
§2 Local Ordinaries are to ensure that the prayers and
the pious and sacred practices of the Christian people are in full harmony with
the laws of the Church.
Can. 840 The sacraments of the New
Testament were instituted by Christ the Lord and entrusted to the Church. As
actions of Christ and of the Church, they are signs and means by which faith is
expressed and strengthened, worship is offered to God and our sanctification is
brought about. Thus they contribute in the most effective manner to
establishing, strengthening and manifesting ecclesiastical communion.
Accordingly, in the celebration of the sacraments both the sacred ministers and
all the other members of Christ’s faithful must show great reverence and due
care.
Can. 841 Since the sacraments are
the same throughout the universal Church, and belong to the divine deposit of
faith, only the supreme authority in the Church can approve or define what is
needed for their validity. It belongs to the same authority, or to another
competent authority in accordance with can. 838 §§3 and 4, to determine what is
required for their lawful celebration, administration and reception and for the
order to be observed in their celebration.
Can. 842 §1 A person who has not
received baptism cannot validly be admitted to the other sacraments.
§2 The sacraments of baptism, confirmation and the
blessed Eucharist so complement one another that all three are required for
full Christian initiation.
Can. 843 §1 Sacred ministers may not
deny the sacraments to those who opportunely ask for them, are properly
disposed and are not prohibited by law from receiving them.
§2 According to their respective offices in the
Church, both pastors of souls and all other members of Christ’s faithful have a
duty to ensure that those who ask for the sacraments are prepared for their
reception. This should be done through proper evangelisation and catechetical
instruction, in accordance with the norms laid down by the competent authority.
Can. 844 §1 Catholic ministers may
lawfully administer the sacraments only to Catholic members of Christ’s
faithful, who equally may lawfully receive them only from Catholic ministers,
except as provided in §§2, 3 and 4 of this canon and in can. 861 §2.
§2 Whenever necessity requires or a genuine spiritual
advantage commends it, and provided the danger of error or indifferentism is
avoided, Christ’s faithful for whom it is physically or morally impossible to
approach a Catholic minister, may lawfully receive the sacraments of penance,
the Eucharist and anointing of the sick from non‑Catholic ministers in
whose Churches these sacraments are valid.
§3 Catholic ministers may lawfully administer the
sacraments of penance, the Eucharist and anointing of the sick to members of
the eastern Churches not in full communion with the Catholic Church, if they
spontaneously ask for them and are properly disposed. The same applies to
members of other Churches which the Apostolic See judges to be in the same
position as the aforesaid eastern Churches so far as the sacraments are
concerned.
§4 If there is a danger of death or if, in the
judgement of the diocesan Bishop or of the Episcopal Conference, there is some
other grave and pressing need, Catholic ministers may lawfully administer these
same sacraments to other Christians not in full communion with the Catholic
Church, who cannot approach a minister of their own community and who
spontaneously ask for them, provided that they demonstrate the Catholic faith
in respect of these sacraments and are properly disposed.
§5 In respect of the cases dealt with in §§2, 3 and 4,
the diocesan Bishop or the Episcopal Conference is not to issue general norms
except after consultation with the competent authority, at least at the local
level, of the non‑Catholic Church or community concerned.
Can. 845 §1 Because they imprint a
character, the sacraments of baptism, confirmation and order cannot be
repeated.
§2 If after diligent enquiry a prudent doubt remains
as to whether the sacraments mentioned in §1 have been conferred at all, or
conferred validly, they are to be conferred conditionally.
Can. 846 §1 The liturgical books,
approved by the competent authority, are to be faithfully followed in the
celebration of the sacraments. Accordingly, no one may on a personal initiative
add to or omit or alter anything in those books.
§2 The ministers are to celebrate the sacraments
according to their own rite.
Can. 847 §1 In administering sacraments
in which holy oils are to be used, the minister must use oil made from olives
or other plants, which, except as provided in can. 999, n. 2, has recently been
consecrated or blessed by a Bishop. Older oil is not to be used except in a
case of necessity.
§2 The parish priest is to obtain the holy oils from
his own Bishop and keep them carefully in fitting custody.
Can. 848 For the administration of
the sacraments the minister may not ask for anything beyond the offerings which
are determined by the competent authority, and he must always ensure that the
needy are not deprived of the help of the sacraments by reason of poverty.
Can. 849 Baptism, the
gateway to the sacraments, is necessary for salvation, either by actual
reception or at least by desire. By it people are freed from sins, are born
again as children of God and, made like to Christ by an indelible character,
are incorporated into the Church. It is validly conferred only by a washing in
real water with the proper form of words.
[On the relationship between faith and the sacrament of baptism see International Theological Commission, The Reciprocity between Faith and Sacraments in the Sacramental Economy (2020), nos. 81-94]
Can. 850 Baptism is administered
according to the rite prescribed in the approved liturgical books, except in a
case of urgent necessity when only those elements which are required for the
validity of the sacrament must be observed.
[Baptism conferred by the Mormons (“The Church of Jesus
Christ of Latter-Day Saints”) is invalid: since the Father, the Son, and the
Holy Spirit are, for them, something essentially different from what the Church
professes, the baptism administered by them – although conferred with the same
Trinitarian formula – is vitiated by an error in fide that redounds to the intention of the
minister: see Dicastery for the Doctrine of the Faith, Note Gestis
verbisque, 25.I.2024, footnote
39; Response of the Congregation for the Doctrine
of the Faith of 5.VI.2004]
[A Response of the Congregation for the Doctrine of the Faith of 6.VIII.2020 establishes the invalidity of baptism conferred in the plural form (“We baptise you…”) and the need to administer it in forma absoluta to those who may have received it that way]
Can. 851 The celebration of baptism
should be properly prepared. Accordingly:
1° an adult who intends to receive baptism is to be
admitted to the catechumenate and, as far as possible, brought through the
various stages to sacramental initiation, in accordance with the rite of
initiation as adapted by the Episcopal Conference and with the particular norms
issued by it;
2° the parents of a child who is to be baptised, and
those who are to undertake the office of sponsors, are to be suitably
instructed on the meaning of this sacrament and the obligations attaching to
it. The parish priest is to see to it that either he or others duly prepare the
parents, by means of pastoral advice and indeed by prayer together; a number of
families might be brought together for this purpose and, where possible, each
family visited.
Can. 852 §1 The provisions of the
canons on adult baptism apply to all those who, being no longer infants, have
reached the use of reason.
§2 One who is incapable of personal responsibility is
regarded as an infant even in regard to baptism.