Canon Law

Book I : General Norms 1. Book I : General Norms 1. Title I: Eccesiastical Laws 2. Title II: Custom 3. Title III: General Decrees and Inst 4. Title IV: Singular Administrative Acts 1. Ch. I : Common Norms 2. Ch. II : Sing Decrees and Prescripts 3. Ch. III: Rescripts 4. Ch. IV: Privileges 5. Ch. V: Dispensations 5. Title V: Statutes and Ordinances 6. Title VI: Physical and Juridic Persons 6. Ch. I: Physical Persons 7. Ch. II : Juridical Persons 7. Title VII: Juridical Acts 8. Title VIII: Power of Governance 9. Title IX: Ecclesiastical Offices 8. Ch. I : The Provision of Ecclesiastical Office 1. Art. 1: Free Conferral 2. Art. 2: Presentation 3. Art. 3: Election 4. Art. 4: Postulation 9. Ch. II : Loss of Ecclesiastical Office 5. Art. 1: Resignation 6. Art. 2: Transfer 7. Art. 3: Removal 8. Art. 4: Privation 10. Title X: Prescription 11. Title XI: The Reckoning of Time | Fundamental Code: There was envisioned a fundamental code - but it didn't work. * Some argued Gospel is our fundamental law. But that isn't really law. * Others argued the hierarchy in norms would make church more authoritarian. However, the opportunity was missed to have a good calling card for the church - not something buried in the General Norms. * Even after promulgation for a long time there was the hope for lex ecclesia fundamentalis. * Some said it is bad for ecumenism - but that cuts both ways.
Old canon one: Licet in Codice iuris canonici Ecclesiae quoque Orientalis disciplina saepe referatur, ipse tamen unam respicit Latinam Ecclesiam, neque Orientalem obligat, nisi de iis agatur, quae ex ipsa rei natura etiam Orientalem afficiunt.
Canon 1 Latin Code
The CIC governs only the Latin Rite, the CCEO is for eastern catholics (2% = 20M)
Canon 2 Liturgy
Liturgical Norms found in Liturgical books - Canon 2 shows the true flavor and scope of the CIC. Speaks of liturgical law without defining it.
E.g. Two norms were issued after Vatican 2: (1970 and 1980). Both said that acolytes must be boys. Canon 230 §1 Lay men whose age and talents meet the requirements prescribed by decree of the Episcopal Conference, can be given the stable ministry of lector and of acolyte.... Does the use of stabiliter cancel out the use of laymen? After all, there are not many professional altar boys.
"Canon 230 §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." Acolytes not mentioned. Included in the “other functions”? Within the “norm of law”? What law, code or liturgical books?
E.g. Canon 1112 says Laymen may assist at a marriage under two conditions: 1) It is approved by the relevant conference of bishops, and 2) it is allowed by the Holy See. This is according to the norm of law: ad normam juris.
Instruction doesn't change the code, even when the pope approves it in forma specialis, however, often a change results.
Canon 3 Diplomatic Agreements * Secular hierarchy - int'l law, national, local. Code recognizes 'treaties' concordats, etc. * E.g. Concordat is a treaty with Holy See. E.g. Pius VI Napoleon 1801 - part of public laws. 1929 Lateran agreements with Mussolini Villa Matalma Two corrupt politicians * They consisted of three documents: * A political treaty recognizing the full sovereignty of the Holy See in the State of Vatican City, which was thereby established. * A concordat regulating the position of the Catholic Church and the Catholic religion in the Italian state. * A financial convention agreed on as a definitive settlement of the claims of the Holy See following the losses of its territories and property. * In the 1980s they were on the wane though there are new ones with eastern European countries. Some say EU should do a concordat with Holy See. But this would be an interesting exercise, especially with some protestant state church. E.g. appointment of bishops. 1917 code innovated the central church appoints bishops. This threw long traditions of interactions was rejected in its ideal. Some of these still exist. Lugano candidate bishop has to be a native, Italian speaker, another place submits 3 names, another place pope submits 3 names. * Pragmatic - recognizes supremacy of Int'l law, but the church is a party and can limit, etc. * Agreements. pacta sunt servanda. Agreements are observed. * Concordat – general agreement; Protocol, accord, partial agreement. Catholic, not Vatican State is party to agreement. The principle can be extended to local Church agreements.
Canon 4 Acquired Rights * E.g. 30 was former age to become bishop - 1983 made it 35, in the interim, the right was acquired and can't be taken away. * Privileges are more shaky. Big part of canon law. Canons 76-84. E.g. Rota Hispanola as highest court. Structural inequality. Canon 85 relaxation of merely ecclesiastical law in a particular case; but consider Canon 90 requires a just and reasonable case. Systematic dispensation could become privileges or even abrogate law. E.g. Cistercian who collected privileges of his monastery, quite a list. * Acquired Rights and privileges. No ex post facto laws. Law doesn’t revoke rights and privileges unless it expressly so states (which it only does @ c.510 – dis-joining parish to Ch. of canons.) e.g. requirement of JCL or JCD for some tribunal offices doesn’t affect grand-fathered officers. * Natural rights cannot be abrogated. Legal rights (acquired rights) can be changed.
Canon 5 Contrary Custom * Contrary Customs. Custom: practice introduced by the community. 6 expressly abrogated. Centenary: >100 yr. Immemorial predate memory of the oldest persons in the community.
Canon 6 Prior Law * Previous Laws encompasses ius lesser juridical norms and statutes of institutes and societies. 1. 1917 code abrogated midnight 11/27/83. Validity of acts before that date are judged by the 1917 code. Laws implementing VCII not dependent on 1917 code, thus not abrogated. 2° laws contrary to the code abrogated whether universal = everybody; particular = local. 3° only AAS penal laws abrogated, particular laws remain unless specifically abrogated by the code. 4° non-technical meaning of disciplinary law: church as op-posed to divine. §2 ‘also’ means it’s not the only source. * 1.2: Lex specialis derogat generali - special laws derogate the general. Now there is a new general law, but there may be reason, with the new general law to keep some of the special laws. * 1.3: Penal law abrogated unless specifically taken up. Criminals need warning. 1313, retroactive law only if it is more favorable. Except 1399 - Administrative action allows punishment without law. * 1.4: Matters completely reordered. hard to tell. E.g. Marriage but no divorce. Even with terrible marriage, it is a sign of God's love. Nullity looks at the moment of consent: force and fear, simulation, * But there are possibility of dissolution ec. divorce: Matrimonum ratum sed non consummatum. Paris says valid with consent, Bologna says need consent. Alex III a Paris marriage (consent) can be dissolved, not a bologna marriage (consent +). * Privilegium fidei - Pauline privilege for a long time. Canon 1143 The second marriage need not be with a baptised person. Not so pauline this privilege. Faith more important than indissolvability of marriage. * Also present in 1917 code. In 20s and 30s scope of application enlarged - baptized non-Catholic, and pope sometimes narrowed. Privilegium petrinum - all other cases. PP+pp=PF * When the new code comes what do we do? It kept paulinum and remained silent about petrinum - was it reordered and if so what? Is it still being developed? * 2 Law works from top to bottom, Custom works from bottom up. Previously there was more action at the bottom. * Ius remonstrandi - Not in the code and not abrogated by Canon 6. Voice of the bottom was hear. Given shape during the pontificate of Alex III 1159-1181 Power of pope was limited at that time, bishops were also civilly powerful. Receptio legis also had to be taken into account. Alex issued a norm that wasn't followed. Since he couldn't enforce, he said in a decretal: the bishop could remonstrate against the pontifical law. On remonstration, the law is suspended on the territory of the bishop/s, unless and until the pope reacts. Pope could repeat the law (veto). There was more equilibrium in the lawmaking process. Puza says Ius remonstrandi still stands. The 1917 code didn't speak to the issue, nor 1983. * Ordinatio Sacerdotalis 1994 JPII confirmed 1976 against priesthood of women. * NO it's divina constitutio - so can't happen. 3 chambers 2/3 majority of Church of England allowed women priesthood. He left out the word putatur - "it is" It took God a long time to make up his mind. * This is the end of the discussion - which of course started the discussion anew. * Pree (of Munich) gives a list of examples of 'divine law' changing. E.g. change of purpose of marriage. 19th C popes said religious freedom is madness, but now.... 'completely in line with my predecessor' * Inter insignious 1976 Seven arguments against female priesthood putatur 'supposed to be' * Biblica Commission 1975 said many good arguments for and many good arguments against. * Can this be remonstrated - bishop solo makes choice. He doesn't have to follow the people. He can't go against theology, so divina constitutio is safe. End of discussion - is a legal position, then this could be remonstrated. This was misinterpreted to be saying you can ordain. * Belgium / Flanders were more Catholic then sociologically. Today not a front page issue. Danieels: I don't want to choose between people here and Rome - but I choose for Rome, and I'll communicate the sadness of the people. "I can't sell it to the people here." * Role of bishops today is more hitmen for the pope. When you have to reaffirm collegiality, it means it is not empirically evident. * Later we will see there are ways for custom to be tweaked. Moving of bishops from smaller diocese to larger.
Title I: Eccesiastical Laws
Canons about the law, legislation, etc. These are the fundamental principles that are used to apply and interpret the rest of the code.

Canon 7 Establishment of Law * CL embraces three bodies of law: 1) Divine law: irreformable truths of faith, dogma and morals. D. positive L. – scripture and tradition. D. natural L. – based on the order of creation and human nature, discoverable by reason. 2) ecclesiastical (Catholics only), and 3) civil law. This Title concerns the second group. Human in origin, they can be modified. Many principles in this Title apply to other types of ius. C. 17 provides basis for extending to other general norms. I.e. these norms provide rules for interpretation of lex, which is parallel to ius. Leg and Exec norms similar, except that Exec can’t be contrary to = or > Leg. * c.7 Earlier draft: a general norm for the common good of some community given by a competent authority – to a community capable of receiving law. Legislators: pope, bishops, councils, and conferences. Curia has executive and judicial power only. Only pope and bishops can delegate legislative power. (Chapters?) * 1. letter is Apostolic Constitution. Motu proprio “on his own initiative” i.e. signed it. 2. letter. Authentic interpretations can be given the force of law. All laws have the same juridical weight. But lawgiver gives the authority of law: universal lawgiver (pope, ecumenical council) makes universal law. * Law is general and applies to all the community, precept applies only to a few. Canon law binds in conscience (unless excused) and in the external forum. Penalties are only prescribed if required by common good, otherwise, it is voluntary compliance. * Law must be reasonable to achieve a useful purpose and serve the common good. Non-reception of law is the ignoring of law by a majority. Otherwise some might accept and others not, or accept for a time then reject (intrinsic cessation of law). Dispensation, exemption or epieikeia. Lawmakers and subjects should be active in advancing the law.
Canon 8 Promulgation * Most times 3 months to applicability. * Pope decides how to promulgate Universal Law. * AAS - has all legislative texts. But not all in AAS is normative. * It is necessary to say clearly it is a law or authentic interpretation. Promulgation can be oral, and need only be promulgated to those affected. * Woestman - St. Paul's Canada - said locution contained authentic interpretation. But is wasn't stated and it was not stylistically legal. * Stages of law: 1. Preparation of text 2. Approval of text and issuance 3. Promulgation 4. Grace period – force is suspended 5. Law begins to bind. * This canon treats step 3,4,5. Before the AAS was ASS: Acta Sanctae Sedis. Language of promulgation is official language, usually Latin. Sometimes, only promulgating document is in AAS, not the whole thing, e.g. liturgical docs. * General executory decrees have to be promulgated. Documents for executors of laws need only be published to them. * §2. Legislator usually publishes in diocesan paper, or whatever means. It is hard to find particular norms. There is a collection for Brussels in 1947. 1. how can you identify a legislative text 2. which are still in force
Canon 9 Non-retroactivity * General Law is not Retroactive. However, laws based on divine law are retroactive. Authentic interpretations are retroactive if they are merely declarative. Norms implementing law are retroactive. Ecclesiastical laws, to be retroactive, must expressly so state, and they should not be made retroactive unless it’s for the good of the people. * E.g. of retroactive law is penal law most favorable is applied: whether current law, or law at time of criminal act. Also, sanation sanatio in radice makes an act valid from its inception. * E.g. Canon 1313 someone married in the 50s - all contract and institution. Husband marries only for contract and procreation. Procreation, unity, indissolubility. Legal under 1917 code. VCII - love covenant "partnership of their whole life, and which of its own very nature is ordered to the well being of the spouses" is now part of the relationship. Pouring new content isn't changing law, but it changes circumstances. * Registered partnership - close to marriage, but not marriage (can't adopt) - not in the code. It was intended for homosexuals, but was extended. Msgr. Hersmans, Canons 1394, 1395 - marriage, concubinage forbidden. Formed registered Partnership because if done before 65th, 'wife' could get his pension.
Canon 10 Invalidating Laws * leges irritantes establish requirements of the act or person for validity. There are many expressions used for this: capax esse; dirimere; habere effectum, obtinere effectum or sortiri effectum; incapax; inhabilis; invalidus; irritus; nullus; valide; validitas; falidus; vi carere; vim habere; vim non habere; and vitiare. Validity requirements may be implied from text, context, intent, parallel places, tradition, legislative history, etc. Unless it’s clear, it is not invalidating. * Often it is illicit if you omit an action required. But the validity may still be in tact. * Illicit and/or Invalid - E.g. Priest with difficulties - Rent a Priest - Bethune - married - attempted marriage - suspended. But he was just suspended and bishop didn't ask for more. Sacraments are valid but illicit. Baptisms are valid, even if not registered. Not using proper rituals - then validity is in question. Extreme example, but it is good that appearances can be trusted. * 1003 - Sacrament of the sick. Only validly conferred by priest. 1382 - consecrated bishop without pope's mandate - valid, but both are excommunicated. some Canonists assume it is invalid because they are not in communion. E.g. Lefebre. Also Czech underground church: Zaradnik (married man) was ordained bishop. - later he was asked to limit himself to a permanent deacon, that lead to problems. Milingo. * Latae sententiae - Act committed, liability is automatic. Generally it is then declared. Ferende sententiae - procedure leads to excommunication.
Canon 11 Subjects of Ecclesiastical Law

Subjects of the Law: Catholic, use of reason, at least seven years old. Divine law and conferral of rights bind everyone. * Catholic – 1917 code bound all Christians. Baptized by Catholic, or with intent to be catholic, or received into Catholic church. Once Catholic, always Catholic. Law relaxes some marriage laws for Catholics who have left the church. * Sufficient use of reason – sufficient for the act. E.g. more is needed for ordination than for first communion. Non sui compos is not competent to place the act. * At least seven years old – completed seventh year = at midnight after the seventh birthday. Bound by obligation to attend mass and refrain from burdensome labor on Sundays and holy days c1247, confess serious sin once a year c989, receive communion once a year (after FHC) c920. Some obligations bind at older age: 14-abstinence c1252, 16 sanctions c1323, and 18 fasting c1252. * Divine law is binding, the working out and impllication is different. E.g. 1. papacy and its working out. 2. indissolubility of marriage except in the case of adultery - is it divine, and but how does it get worked out. Pre 9th C church got control of marriage - it added indissolubility for social stability. "Merely Ecclesiastical Law" is referred to - indicating a hierarchy of law. It is difficult to distinguish divine from ecclesiastical based only on the text. * Canon 129 - power of govt and ordination connected. Some say it is a divine law - but this has consequences. Divine law as declared has changeneral executory decree. * Natura sua - it has changed in approach - Aquinas completed Canon Law with what he said were natural norms and principles. Neo Thomists - didn't use the technique but they took his results only. Theo Beemer. Instrumentalization of divine law can be a sign of weakness and used shore up weaker positions. * Also, if only baptised are bound, all are bound by natural or divine. Received into the church means the former baptism was valid. You can get in, but you can't get out. Church can't be generous here and let you out, because you can't leave it. It is a crime to leave Canons 751 & 1364 (heresy, schism) - but it is criminalized so that if you leave, you're excommunicated. * E.g. bishop. Simonis of Utrecht. Old Catholics had two diocese Haarlem and Utrecht, two bishops 13,000 people. History Started with dispute with 16C Chapter of canons and holy see over appointment of bishops. Typical schismatic conflict. Gradually faith elements came - the people who infallibility in 18C joined the original group. Later they accepted married priests, and later also women priests, furthering the split. Two abishops in Utrecht. Glazenmakers (oc) & Simonis (rc). Ecumenical services. Later two old catholic flemish bishops, both previously Roman Catholic priests Vercammen (married) Wirix (who became old catholic then married). Now Simonis has a problem doing joint services with 'criminal' priests. * '''Leaving the Church by Formal Act''' Only exceptionally do people try to formalize the act of leaving the church. Usually they just 'fall away'. The key issue is do we have the right to leave the truth. The truth exists, the catholic truth, but there is no compulsion in religion. Required manner for leaving:
a) the internal decision to leave the Catholic Church; (internal forum - a problem with doctrine, sacraments, community)
b) the realization and external manifestation of that decision; and (Must have more than a mere juridical / administrative act - the formal act to leave is Heresy, Schism or Apostasy see. Canon 751) In order to have a valid act, you have to commit a crime. Lack of crisp legal reasoning. Act personally, consciously and freely - consciously is difficult to verify legally. Has to be judged by the bishop - but where is the competence?
c) the reception of that decision by the competent ecclesiastical authority. If not accepted, there is no enforcement. The reality is different. This might work with professional theologians, but not with the people in the pews.
There is also canon 96 'By baptism one is incorporated into the Church of Christ and constituted a person in it, with the duties and the rights which, in accordance with each ones status, are proper to Christians, in so far as they are in ecclesiastical communion and unless a lawfully issued sanction intervenes.' This uses persona, not membrum, because the notion is that you are in it for good. Some argue that ALL persons are persons in the church. 1. Pio Ciprotti - everyone is a person in the church because there is an unlimited message of salvation. True, this is the goal, but it is still a potentiality. 2. Pietro Gismondi (60s-70s) Everyone is by natural law a person, canon law follows natural, so that also everyone is a person in canon law. But the canon uses 'person in the church.' 3. Vermeersch (1900s - with Creusen - seminary handbooks on Canon Law and Moral Theology) Everyone is a person, but they are not completely persons. Some are incomplete: i.e. they are not baptized. They have the rights, but not the fullness. Problem is that the fact that you have a right to become a member, but don't exercise it, you are not a 'person in the church' at all. 4. Pio Ciprotti - The code sometimes clearly uses persona when the non-baptized are involved 1086 'marriage between two persons, one not baptized...' Therefore everyone is a person. But code isn't consistent in its language, the use in canon 96 and 1086 are different. 5. Read canon 96 closely: it says because you are a person, you have duties and rights. But non-catholics have some rights in the church. E.g. annulment, 861. Rights are given to non-baptized, therefore they are persons. This reverses the argument.
What do we do with persons who do not have any rights in the church, or who have very few rights. E.g. canon 1331. Even the worst excommunicates have a right to seek reconciliation. A very christian idea. So you become a persona incompleta in the church - when you loose certain rights and duties, you are limited. You can become complete again. Urrutia - Personalitas numquam 'totaliter' amittitur a baptizato. Otherwise what is the effect of baptism.
Christifidelis are part of the church subsists in the catholic Church - which is broader. Canon 204 - but by canon 208 and 223, it will be limited essentially to only the Catholics. 1086, 117, 1124, 96, 204
Canon 12 Territorial Binding of Universal Law
§1 §3 particular law bind those for whom they were enacted, or those with domicile or quasi-domicile. * Universal / Particular laws E.g. feast days bind where you are. Not observed because of 1) Desuetude is a contrary custom; 2) contrary particular law; 3) apostolic privilege or indult; 4) dispensation in a particular case. Particular law may be territorial or personal (e.g. religious). Presumption is that laws are territorial unless clearly personal. Generally territorial laws bind only domiciled (permanent intent, or 5 years) or quasi-domiciled (3 mos. intent, or >3mos) and living there. c102
Feast days in 1246.1 but paragraph 2 provides that episcopal conferences could move them. E.g. All Saints, Christmas, Assumption, Ascension.
Canon 13 Travelers
§1 Generally particular laws bind in territory not personally. * travelers are outside their domicile or quasi-domicile. Transients have no domicile or quasi-domicile. Exceptions are given strict interpretation. * §2 Travelers are free of all territorial laws. Their home law are relaxed, unless their home would be harmed. The local law is relaxed unless harm results locally: * Public order – liturgy, events, meetings (but not Churches). Formalities of acts – procedures contracts, bequests, etc; immovable goods. * §3 Transients – vagi persons without domicile or quasi-domicile bound by universal law, and particular law wherever they are. * In 1917 code, the term for universal law was ius commune. * Lex rei sitae for immovable goods, only the law of the place apply. * Lex fori are the formalities of the place. Two belgians marry they are covered by belgian law for marriage, but the formalities are of the place of the marriage.
Canon 14 Doubt of Law * §1. Law doesn't bind if there is a doubt of law. * Doubt is a state of mind of withholding assent between two contradictory propositions. Positive doubt is based on a conflict in objective evidence. Negative doubt is a subjective lack of evidence. Dubium iuris occurs when moral certainty is not attainable. Doubt may pertain to meaning, extent, legitimate enactment or promulgation, revocation. §2 Dubium facti doubt of fact: question of actual age, valid sacraments, membership in Catholic Church. Ordinary (c134) can dispense. * Doubt must be objective and positive, effort must be taken to resolve. Ordinary can dispense doubts if higher authority generally dispenses the impediment (e.g. age) but if the higher authority, to whom dispensation is generally reserved doesn’t dispense, neither can the ordinary. Divine and constitutive laws may never be dispensed. * E.g. Canon 749 - It is not infallible unless manifestly demonstrated as such. E.g. on women's priesthood - there was argumentation whether it was infallible or not. So there was doubt showing that it wasn't manifestly demonstrated. * E.g. Canon 277 - Celibacy of clerics - Some exceptions for deacons in 288, but no exception for canon 277. Even continence which is contrary to marriage. * E.g. Canon 1041 Typical case is irregularities regarding ordination: prohibits ordination to those who attempt marriage while under marriage bond or orders. What about homosexual marriage. But also for 'abortum procuraverit' - what if someone councils abortion - you could dispense from the possible irregularity.
Canon 15 Ignorance and Error * §1Ignorance and Error – ignorance of the law is no excuse. * §2 The law presumes knowledge of law, penalty, personal facts, and notorious facts. Presumed ignorance of non-notorious facts. * Nemo censetur ignorare legum - a legal fiction.
Canon 16 Authentic Interpretation of Law * Official Interpretation of Law – PCILT – pontifical council for the interpretation of legislative texts. Since interpretation is a legislative function it can’t be delegated except by Supreme Pontiff who can allow lower legislators to delegate. * Four types of interpretation: 1. Declarative – affirms meaning and applicability – no change – law is clear in itself. Retroactive. 2. Restrictive – narrows meaning and applicability – changes meaning. Not retroactive. 3. Expansive – broadens meaning and applicability – changes meaning. 4. Explanatory – explains without narrowing or broadening the meaning and applicability – puts meaning where it was ambiguous. * It must be in legal form and promulgated with vacatio for all but declarative. If interpretation is based on divine law, it is retroactive. In doubtful cases, no retroactivity. Interpretations that comes as part of talks, and magisterial acts don’t bind. They allow continued jurisprudential development. * Judicial and administrative interpretations bind only the parties to the case. Roman Curial decisions have a kind of precedential value. They contribute to the praxis curiae and canonical tradition. * Sometimes the council gives instructions. Baptized male - what about sex change operation. Man who was a woman, or woman who was a man. (can he/she become a priest 1024) Man became woman at 60 - operations and hormones, about 2 years. Statistics are corrected retroactively. Wanted to get annulment from partner - also a woman. Mother was opposing annulment. * Summary of Interpretations Issued * E.g. 910 Can extraordinary minister act if an ordinary minister is present. What does extraordinary mean? Does that mean not ordinary, but can operate, or is it that it only operates when the ordinary is there. The interpretation given is only extraordinary if ordinary aren't available. There is a widespread custom against the law. A norm that won't survive. * E.g. 767 Homily is exclusive for priest or deacon. Preaching is general, homily is specific. Can a bishop dispense from this (canon 85)? Pontifical Council said no, can't dispense because it part of universal norms. When you say dispensation is not possible, you don't clarify the norm, but they made a systematic coordination of the application of dispensation to a particular norm. This is more an application of the law. This is not the task of the council - this is more a matter of regulating the practice of canon law. Urrutia. Even strategically it isn't good because it weakens the law by interpreting it rigidly. Though there are ways of working around it. Homily before the mass. Call it something else.
Canon 17 Text and Context * Doctrinal interpretation = interpretation by canonists and scholars ‘doctors’ is held in high regard. Context: section, Title or part where a word is found. Then: 1. Text and context are often sufficient for practice, but doctrinal interpretation requires the further methods. More important than the mind of the legislator. 2. Parallel places in 1983 Code, CCEO, etc. E.g. parallel of pope becoming incapacitated - parallel to bishop. But lex specialis derogat lex generalis. Can 332.2 says he can only resign freely - but if he is mentally ill, he can't be free. 3. Finem = value law is enshrining. Circumstantias = the history that preceded and perhaps precipitated the law. Mentem legislatoris = institutional construct – institution of law, its principles, rules and values. Requires knowledge and experience in canon law, ecclesiology and moral theology. * Other sources of interpretation are: canonical tradition, customs, jurisprudence, curial practice, and constant scholarship. * Michiels and Van Hove wrote a lot about this before the Vatican Council * One can reason a fortiori if this is permitted, then that is certainly permitted; or a contrario - i.e. if this is permitted, then that is certainly not permitted. Teleological - purpose of the text, exegetical - meaning of the legislator. There may be various interpretations: so for private interpretation, you can select the appropriate interpretation.
Canon 18 Strict Interpretation * Strict interpretation limits law’s application to the minimum stated in the text. Interpret strictly: 1. Penal Law interpreted strictly. The following also help criminals: * Canon 6.1.3, old penal law abrogated * Canon 221.3, nullum crimen, nulla poena sine lege * Canon 1313 penal law most favorable is applied, even if retroactive, exception to canon 9 laws are not retroactive. * However Canon 1399 - you can punish without the law (old canon 2222). 2. Exception are interpreted strictly 3. Restrictions of free exercise of rights are interpreted strictly. * It doesn’t change the meaning. Broad interpretation is given in a favorable law. E.g. Postulants are members for extensive interpretation, novices are members for broad interpretation, juniors are members for strict interpretation, perpetuals are members for restrictive interpretation. Extensive interpretation of abortion required legislator. Exceptions are strict? To limit exceptions, or to limit application? Look to favorable interpretation. Where exception gives favor to one at the expense of another, give a strict interpretation.
Canon 19 Lacuna Legis * If there is NO law, then the legislator may have intended to have no law - to leave things open. This canon only applies if there is a real lacuna. * Solutions only apply to liceity, validity must be provided in positive law. E.g. constitutions. C1752 - In causis translationis applicentur praescripta c 1747, servata aequitate canonica et prae oculis habita salute animarum, quae in Ecclesia suprema semper lex esse debet. * There is no hierarchy in the sources listed. The sources are equal in weight. 1. parallel E.g. lacuna - qualifications of lay pastoral ministers - argue from parallel to priests, e.g. Canon 276. Argument asimilibus. 2. General principles of law: Liber Sextus 1298 Boniface VIII. At the end there are 88 regulae juris - legal maxims. Huysmans uses these. Pars maior, pars sanior. Lex specialis derogat lex generalis. Pontius ut valeat quam ut pereat. 3. Aequitas canonica - is there a difference between equity and canonical equity. E.g. french jurist aquitted a poor person who stole bread. Also a dangerous notion - could lead to excessive discretion and abuse. Pastoral approach is good, but it is too dependent on persons. Epiekia - gk. 4. Practice of the curia isn’t documented well, but can be obtained from CLSA. It provides guidance, but isn’t binding. These can’t be used to establish penalties. The curia doesn't have binding value is as in US; if you appeal, it would bind, but you may never appealed. Both parties may be interested in keeping to the local forum. 5. Common and constant opinion of learned persons - common doesn't mean everyone, constant need not be too long. (seems closer to Rome is more learned you are). Players at the Rota may also teach at canon law schools in Rome or comment on their own judgments, often favorably.
Canon 20 Revocation of Law * Later law abrogates or derogates earlier law. But a particular law remains (the exception) even if the norm itself changes. * Divine laws are immutable, but ecclesiastical laws are human and can be changed, derogated, or abolished, abrogated or add net material, subrogation. Higher authority can revoke own, or lower law. Special law seems to refer to precepts for a juridic person, e.g. proper law. * Canon 135.2 particular law can't derogate from universal law. E.g. if particular is contradicted by new universal law, that particular law stands, unless specifically derogated.
Canon 21 Doubtful Revocation * No revocation in the case of doubt - rather they should be harmonized. Never presume the clash, try to find a way to make the apparent conflict disappear.
Canon 22 Canonization of Civil Law * The civil law is incorporated into the code – includes guardianship, civil effects of marriage, adverse possession, contracts, possessory actions, settlements, compromise, arbitration. It really has no choice to obey civil law. A societas perfectas could choose it's legal compliance. A complete, autonomous society is intended (Tarquini). Now even European states are no longer autonomous. This was developed on loss of papal states, but was not taken up (nor abrogated) in Vatican 2. There are more realistic references to civil in other sections: selling of goods in canon 1296 - if canon law isn't followed, bishop should do whatever...but in fact, it's all over.
Title II: Custom
Custom is very important. It is on the same level as the law and can go against the law. It can be easily abrogated, but once it is there it is formidable. Democratic mechanism in the church. It is a way of non-reception of the law. Custom contra legis is a canonical crime-wave.
Canon 23 * Custom is the unwritten law developed by the community itself. Customs may be 1) optional – non-binding, no one would object to its modification or removal; 2) factual – actually observed, and considered binding, but doesn’t have the force of law, any superior or custom can remove; 3) legal – put in by force of law. Custom may be praeter ius beyond the law – an area not covered, or contra legis contrary to the law. Third traditional category of a custom in accord with law secundum legem is not helpful. * Custom isn’t law, but has the force of law. Vox populi – the community speaks, not leaders. Competent legislator is the supreme legislator of the territory. For contrary custom, the legislator whose law is derogated (or higher legislator) is competent. Approval may be tacit. Approval may be specific specialiter. Else it may be legal or general – custom is observed for 30 years, whether or not legislator is aware canon 24-26. A custom may be centenary >100 yr. or immemorial – as long as anyone can remember. * When the legislator approves a custom, he is not legislating. E.g. he can approve a custom contra legem, but he can't enact a law contra legem.
Canon 24 Reasonableness * Reprobation must be express: reprobata contraria consuetudine. * Canon 396§2: The Bishop has a right to select any clerics he wishes as his companions and helpers in a visitation, any contrary privilege or custom being reprobated. * Canon 423§1 Only one diocesan Administrator is to be appointed, contrary customs being reprobated; otherwise the election is invalid. * Canon 526§2: In any one parish there is to be only one parish priest, or one moderator in accordance with Canon 517§1; any contrary custom is reprobated and any contrary privilege revoked. * Canon 1076: A custom which introduces a new impediment, or is contrary to existing impediments (to marriage), is to be reprobated. * Canon 1287 §1: Where ecclesiastical goods of any kind are not lawfully withdrawn from the power of governance of the diocesan Bishop, their administrators, both clerical and lay, are bound to submit each year to the local Ordinary an account of their administration, which he is to pass on to his finance committee for examination. Any contrary custom is reprobated. * Canon 1425 §1: The following matters are reserved to a collegiate tribunal of three judges, any contrary custom being reprobated: 1° contentious cases: a) concerning the bond of sacred ordination; b) concerning the bond of marriage, without prejudice to the prescripts of canons 1686 and 1688; 2° penal cases: a) for offenses which can carry the penalty of dismissal from the clerical state; b) concerning the imposition or declaration of an excommunication.) Custom contrary to divine law intrinsically unreasonable; expressly reprobated can never have force of law. Reprobation can change. Unreasonable = also: disrupt the ‘nerve of church discipline.’ E.g. lay judges on tribunals ousted by 1917 code. Contrary to immunity and liberty of the church…. As if…. Leaders decide reasonableness. * Many of the customs are in the area of liturgy that is more visible, and where lay people have more freedom. * But also parish priests have to ask if they can leave the parish for more than a week - but it is rarely asked. So there is a custom contra legis. If it is forbidden, then the growth of the custom stops, then it restarts the running of the 30 years of the custom starts again.
Canon 25 Community * Community is necessary: so for example. community of Religious Institute, a smaller group can be a easier to have a custom. Community capable / intention. Community for whom law can be made Public Juridic Person, private association. approved and with reg., homogeneous group, e.g. permanent deacons, parish group. Not capable are families, non-approved private associations. Must be distinct and juridically tied to the church. * Animus of introducing custom may be implicit in act / will. If they don’t object to derogation, there isn’t the will to creat a law. Must be the practice of the majority. CCEO doesn’t mention intent but requires continuous, peaceful practice for 30 yr. * Mos is the habit, but without the intention of making a law. Consuetudo is a practice that is introduced with the intention of introducing a law.
Canon 26 Reasonable Time * Even centenary custom can’t overturn reprobation. But no forbidding clause in 1983 code. If ius forbids, only 30 years. required to overturn. Unless it is specially approved earlier. Specialiter probatur. But what if the bishop approves after a month, can he effectively circumvent canon 135 which prohibits an inferior legislator from legislating against a higher legislator. However, approving a custom isn't issuing a law. So the legislator has more power in the framework of a custom than in the framework of a law. Canon 392 which requires him to foster unity, common discipline and following of all ecclesiastical law. But that would include following of customary law. Unity doesn't mean just uniformity. Customs may foster unity through different practices. This leaves him a margin of appreciation. * Custom also leaves more latitude than a dispensation - you can't leave aside divine law. Canon 85, 86 says that limits for dispensation are more restrictive than for custom. This is true even though the effects of a dispensation are much more limited - with custom, you are replacing the law. This can be explained by the fact that the scope of the custom remains vulnerable to being stopped by a law revoking contrary custom. * There is a lot of latitude given to the people of God. Prescription is another area that is similar. * 30 years are interrupted by desuetude or express disapprobation or contrary law is re-issued.
Canon 27 Interpretation * Custom is the best interpreter of the law. This is a principle of roman law. Some believe applies to all customs in a different way. Legal customs don’t interpret because they are law. Customs beyond are particularly useful. Optional practices and contrary practices are less useful.
Canon 28 Revocation * canon 5 revokes all customs contrary to the code. Canon 28 provides for revocation of legal customs, factual customs can be removed executively. Law may expressly revoke a contrary law by specifically naming the custom, or generally by stating ‘anything to the contrary notwithstanding.’ (Universal revokes universal – particular revokes universal and particular.) Contrary-ness is tacit revocation (unless centenary or particular). Most say particular can’t revoke a more general custom.
Proof of custom: 1) community capable; 2) practice of majority; 3) intent; 4) >30 yr.; 5) reasonable.
Title III: General Decrees and Inst general decree | Canon 29 | Legislator | sets norms | a law given by a legislator made by the legislator himself. Legislative power cannot be delegated. | general executory decree | Canon 31 | Executive | makes norms more precise | a decree by which an executive gives effect to the law - like a regulation in US law. It can change without changing the law itself. It applies to all to whom the law applies. These are often difficult to distinguish from a general decree | singular decree | Canon 48 | Executive | | An application of law for one or a small group - bill of attainder. | decree in the judicial sphere | Book VII | Judiciary | | During a trial, contentious or marriage, etc. E.g. the acceptance of the libellus, the decree of publication. However, you can easily tell this. | * Note, c.29-30 are on legislative acts (lex) properly part of Title I. C.31-34 are on executory norms (to execute, explain, instruct about a positive law). No mention is made of independent norms which have no underlying lex. This makes it more difficult to understand the role and assess the weight of Vatican statements. * First five titles go from general to specific, this is the turning Title.
Canon 29 General Decrees * The word decree is ambiguous – could be legislative acts (laws) or executive / administrative acts applying the law. A general decree is a legislative text, it must be promulgated by a person or group with legislative power, for a community capable of receiving law. Even the law isn’t specific 455§1 includes executive acts in decrees via Authentic Interpretation. E.g. Bishop can make law for a diocese, but pastor of parish doesn’t have legislative authority. As laws, decrees are subject to title I above, not this title III
Canon 30 Limits of Executive Power * One with executive power can't issue laws, they only implement them. An executive can however legislate if that power is specifically delegated by a competent legislator (canon 135.1), the only one who can do this is the Roman Pontiff or an ecumenical council.
Canon 31 General Executory Decrees * Purpose / Issuance of General Executory Decrees – administrative = executive. Distinguish the term acts of administration which are generally use of temporal goods: e.g. canons 638 and 1277. Executive is day to day activity of applying laws which may at times be quasi-legislative or quasi-judicial. This canon regulates the quasi-legislative function. Roman congregations issue general executory decrees, not laws. Thus they depend on the laws, and are interpreted according to c31-33. Though they are not laws, they are promulgated like laws and have a grace period before application, like laws.
Canon 32 General Executory Decree * Coverage of general executory decree is the same as that of the underlying law law. However, this is true only if executor had same jurisdiction as legislator. Otherwise it binds only those bound by the law AND under the jurisdiction of the executive.
Canon 33 Relation to laws * §1 Decrees cannot derogate from law. §2 Decrees may be revoked, they fail when the underlying law ceases. However, they don't fail with expiry of the promulgator's term, unless specifically so stated.
Canon 34 Instructions * §1 Instructions are not laws, and laws cannot be enacted under the title of instruction. A Decree specifies or encourages observance to those bound. An instruction gives practical application to executives. An Instruction is a guideline, handbook, manual. Those with executive power can issue instructions within the limits of their competence. §2 Instructions can't derogate from the law. §3 Decrees may be revoked, they fail when the underlying law ceases. Like POMS in the US. * Ratzinger used the instruction a lot, it is used a lot in current Roman practice. Theoretically, instructions clarify and elaborate the law for executors and oblige executors. Issued by executors for other executors, not for the people or for clerics. In the 60s, there were even secret instructions. It cannot be more than explanation of what is already there, so it can't narrow or limit rights. It is an inferior document, and isn't necessarily even a public document. Recently, however, the instructions are being approbata sub forma specifica. Some argue the approval change the nature of the document to be a law disguised as an instruction. In the past documents are sometimes used for other purposes. E.g. Pius X Pascendi condemned the ideas of modernism in a encyclical. However, technically, it remains an instruction but with the formal support of the pope. It may be a technique to support a particular application of the law - it may add a quality seal on the document. It may seem softer than a stricter law.
Title IV: Singular Administrative Acts * Administrative act: juridic act performed by administrator as a function of that office. A singular administrative act that resolves a controversy or makes a provision is a decree. A precept imposes an injunction. A rescript answers a request for favor (where petitioner has no right). Indult – is a singular administrative act, e.g. releasing from vows.
Ch. I : Common Norms
Canon 35 Author * Author – competent administrator within the scope of their power. Decree and rescript described 48. Precept can be given to just one person, can be given to overcome the prohibition against retroactivity. 1. Canon 1734 - You can appeal against it is found in canon 1732ff. First step is to ask the author to revoke or amend the decree. 2. Canon 1735 - Take it to the hierarchical superior who decides on the legality of the act, and the opportunity of the act. So they don't just review the legality, but also whether or not they would have taken the same decision. Sometimes the congregation in Rome doesn't have the information to respond to this.
If you protest, it is for the person to made the decision to send your protest to the higher authority. In extreme cases, the person can try to find someone to get the bishop to do his job. 3. Canon 1445.2 - Apostolic Signatura decides on the legality only. Administrative tribunal - this is the first time you have an actual judicial tribunal. (There had been the idea that there would have been administrative tribunals at the level of the episcopal conference, but it was seen that this might have been against the unity of the bishops and pope.)
Canon 36 Interpretation * similar to c. 17-18 on interpretation of laws. Act is interpreted according to its words - narrowly in the case of litigation, penalties, restricting rights or benefits; otherwise interpret broadly. These are concrete and singular and are limited to a single application in the instant case. You can broaden the a law to cover a lacuna, but an act is restricted to the case for which it was issued.
Canon 37 Written Form * Written Form required for legitimacy, not for validity because that's not expressly stated. Only required for external forum. Act must be communicated. E-mail / fax are considered not quite adequate. Hard copy must at least follow. Commissorial form – commission someone to go to the person and execute the act. This is especially helpful when the executive is distant from the person involved. It requires the commissioned party to verify the facts are as stated.
Canon 38 Limits * Limits – actor must derogate, and must have power to do so if it’s opposed to rights, law or custom.
Canon 39 Validity * Conditions affecting validity. What about vernacular. CCEO provides same latin and: similar words in the vernacular. Law favors validity.
Canon 40 Invalid Anticipation * Canon 40ff provisions for execution. If otherwise, it should be clearly stated. If you don’t get a dispensation, etc, but the time comes to act, you can call to verify that it was issued.
Canon 41 * Limits on acts of executor. Strikes the balance between consistency and subsidiary. Other grave cause may be absence of a derogating clause required by c.38. Don’t apply if null, void, or conditions not fulfilled.
Canon 42 Invalid Execution * Fulfillment of norm of mandate and instructions and conditions goes to validity. The conditions for validity should be clearly stated as in c. 39.
Canon 43 Substitution * Substitution is allowed unless otherwise provided.
Canon 44 Succession * Assumption is that executor is chosen as officeholder, not personally.
Canon 45 Remedy for Error * Remedy for error – Executor is charged to get the job done.
Canon 46 Continuity * Continuity – Admin. Act is a public act, so doesn’t fail when executive fails.
Canon 47 Revocation * Revoked on actual notice. * There are three types of administrative acts: singular decree communicates decisions; the singular precept impose injunctions; the rescript grant dispensation or privileges. SD and SP in this Ch..

Ch. II : Sing Decrees and Prescripts
Canon 48 * (4) concerns content and distinguishes it from other admin. acts. Dispute or controversy settled administratively. Also make ‘provision’ i.e. respond to a perceived need. Appoint to offices; establish public assn. of the faithful; major superior of pont. cler. inst erects house.
Canon 49 * Poorly drafted. SP is an ad. act which…. Precept is more negative – injunction to do or not to do. Administrator must have subject matter and personal jurisdiction.
Canon 50 * Information & consultation before Decree. Though it only mentions decrees, probably this and others should apply to precepts. A common sense canon. Not necessary for validity.
Canon 51 * Written form. C.37 requires writing for all acts concerning the external forum. Not required in making provision for an office. Decisory acts affect juridic rights and may be appealed. Best it’s in writing. Appeal of reasons is to administrator’s superior. Appeal to Apost. Signatura is only viable on grounds of substantive or procedural illegality. CCEO allows reasons to be recorded secretly.
Canon 52 * Limited application. Cannot be extended beyond person and event for which it was issued.
Canon 53 * Conflicting decrees. Same authority is presumed since higher authority would trump lower.
Canon 54 * Effective when communicated in an official writing.

Ch. III: Rescripts * from personal percepts ius to favors gratia. No claim/rt to favors. Hierarchical principle prevails. Elements: competence, matter, recipient, execution and cessation. Singular administrative act a species of constitutive law.
Canon 59 * Usually requires a permission, Ordinary Executive power. Second paragraph is new. Code nevertheless favors writing / record. A rescript is for a privilege, dispensation or other favor. Privilege means this law doesn't apply to you ever - Dispensation means the law applies to you, but in this particular case, there is a relaxation of the law.
Privileges are less popular today; however, many things that started as privileges have later become laws, e.g. Pauline privilege, cardinals are only judged by the pope (privilegium fori). Cardinal Joos - parish priest, ecclesiastical judge, appointed cardinal because he was a friend of the pope. The stress killed him, but in the interim, he was outside the law of the local bishop.
Dispensations are less far reaching, however, it can be used to avoid the application of law - e.g. dispense from every application of law - this ends up being a privilege. For this reason dispensation is strictly organized, and some dispensations can actually be invalid. E.g. Canon 90 says dispensation can be illicit, invalid if not given by the legislator himself. Book six and seven can't be dispensed by the bishop. 1435 requires jcl, jcd for judges. Only Rome can dispense. With dispensation, there is almost a presumption of abuse.
Ch. IV: Privileges
Ch. V: Dispensations * Abrogate – step away from – contrary to part or all of former law. Dispensation made an executive power, not legislative. Exec power interpreted broadly.
Canon 85 * dispensations from those with ordinary executive power. Diocesan bishop, vicar gen. Ep.vicar, etc. Clergy are habiles to govern, laity can be appd to offices with executive power.
Canon 86 * The essential constitutive elements can be dispensed because they constitute the act. E.g. Ordinatio sacerdotalis say constitutive elements of orders. Given for the spiritual good of the faithful.
Canon 87 * complete reworking of 1917 (obrogates). bishop’s power of dispensation is intrinsic to his power of governance. Can’t dispense constitutive, procedural or penal law. Reserved powers: 20 situations, but authentic interpretation is expanding the list. Any ordinary, not just bishop, can grant (1) if recourse is difficult [not impossible but more than inconvenient] (2) if there is harm in delay and (3) Holy See usually grants. Confidentiality is paramount, so use of fax, e-mail is considered to public. Holy see regularly dispenses age, retroactive validation, law of alienation; doesn’t easily dispense celibacy, solemn profession, apostasy and almost never episcopal ordination, irregularity of abortion or consanguinity in a direct line.

Canon 88 * Competence. Broader than above. But singular person or community. Episcopal conferences don’t give laws, but general executory decrees. Liturgical law, can dispense discipline, but not constitutive. However, can’t give carte blanche.
Canon 89 * Especially in missionary situations. bishop should make it clear at the beginning of any new assignment.
Canon 90 * Motivating Cause – substantially the same as 1917. Spiritual good is a legitimate cause. There should be a proportionality between the cause and the law. Should be free from dolus deceit.
Canon 91 * Applies c. 136 on executive power to dispensation. Broader than 1917. Competence is personal and territorial.
Canon 92 * Dispensation is an exception – so that it’s strictly interpreted.
Canon 93 * Permission – faculty of doing or omitting something not unlawful. A faculty is the extension of power from a superior with jurisdiction. Indult is a favor for a time, privilege is in perpetuity. Positive objective juridic norm. Absolution, sacramental or juridic releases from penalties or censure. * New from 1917.
Title V: Statutes and Ordinances
Statutes describe the nature of an organization, rules govern internal governance. A general framework for statutes that still have to be worked out - these are the minimum requirements, but they are more explicit in Canon 298.
Canon 94 Statutes * Juridic persons and other aggregates. Purpose compatible with church’s mission; Constitution indicates strategies to realize purpose; governance indicates leadership; procedure is internal and external operations. Legitimate members implies statutes will include issues of admission and separation. Promulgated by legitimate power and approved (canon 117).
Canon 95 Rules of order * Those who wish to participate must freely assent to the rules of participation.
Title VI: Physical and Juridic Persons
Ch. I: Physical Persons
Canon 96 Juridic effects of baptism * Baptism makes a person a member with rights and duties. Correlative to c.204-205 on the spiritual effects of baptism. Advance over the 1917 code where baptism implies duties. Full communion c.205, state of life c.207, 219 and obligations of state. Excludes catechumens c.206 and non-Catholics c.11.
Canon 97 Age * Age of majority is 18. Infants are legally incompetent, over 7 presumed to have the use of reason - bound by merely ecclesiastical laws. 5 elements affect personhood: age, mental condition, residence legal relationship and rite. Other age canons include: bishop, married deacon and diocesan administrator 35, VG, JV and EV 30, Priest 25, final religious profession 21. Marriage 14 for women, 16 for men. Relevance of age of majority isn't as important in church law as in secular law.
Canon 98 Majority * §1 One who reaches majority has full rights in the church. Those rights might be narrowed by state in life. §2 Minors subject to parents in exercise of rights, Guardianship follows civil law. Some exceptions exist.
Canon 99 Mental Condition * Non sui compos cannot place a valid juridic act, nor commit a crime.
Canon 100 Residence * Status with regard to residence: Incola | domicile | resident | advena | quasi-domicile | newcomer | peregrinus | out of domicile and quasi-domicile | traveler | vagus | no domicile or quasi-domicile | homeless |
Canon 101 Place of Origin * §1 Place of origin of child - parents home, or mother's home. Neophyte adult baptized < 3 years. §2 Place of origin of child of transients: birthplace, abandond child: place child was found.
Canon 102 Domicile * §1 = Actual residence, or intent to remain, or 5 years. Canonically you can have more than one - e.g. the Russian Czar. * §2 = residence for three months, or intention to remain for 3 months. * in the European state - the center of your interests, where you are, where your social life it, etc. It is more defacto. Intention of residence is more important in this, than actual residence. Even though you can cross over to register, your canonical rights actually exist according to your territory. Even opus dei people are domiciled in their parish - lay people aren't even mentioned in the statutes - it is technically a group of priest.
Canon 103 Domicile of Religious * House to which they are assigned - but they have quasi domicile where they reside. Important for faculties of religious priests.
Canon 104 Domicile of Spouses * Spouses have a common domicile unless separate or just cause. 1917 Required wife to domicile with husband.
Canon 105 Domicile of Minors * §1 Domiciled with parent or guardian, over 7 years of age can have a quasi-domicile, and a domicile if emancipated in civil law. * §2 Other conservatee is domiciled with guardian
Canon 106 Loss of Domicile * Domicile lost with 1. departure; and 2. intent not to return. Most say multi-domiciles not possible. Loss of acquired rt. Requires strict interpretation.
Canon 107 Juridic effect of domicile * Through domicile and quasi-domicile, one acquires a pastor and ordinary. Transients have pastor and ordinary of residence. Also access to courts.
Canon 108 Degrees of Consanguinity * Acts of generation. 4th degree is normative in most cases. 2nd degree prevents marriage by divine law, not dispensable. Also direct line consanguinity can’t be dispensed.
Canon 109 Affinity * Spouses stand in each others stead to count affinity. Only affinity in direct line is a matrimonial impediment c. 1092. Previous code had another method of calculation.
Canon 110 Adoption * Adoptive parents acquire canonical parental rights on civil adoption.
Canon 111 Rite * §1 Children in rite of parents - or where they agree, or of the father. * §2 Baptized over 14 years, can choose own rite.
Canon 112 Change of Rite * §1 Change rites 1. with permission of the apostolic see; 2. spouse transferring to rite of spouse - can freely revert at the end of the marriage. 3. Children of the above can return to the Latin Church after their 14th year. * §2 Prolonged receipt of sacraments in another ritual doesn't constitute enrollment.
Ch. II : Juridical Persons
Canon 113 Moral and Juridic Persons * §1 The Catholic Church and The Apostolic See are moral persons by divine ordinance (moral persons are collectives not officially constituted). * §2 Juridic persons are subjects of rights and duties. Terms undefined. Juridic persons are moral persons that are constituted for an apostolic purpose. Perpetual by nature. * They may be described in the law, e.g. parish, diocese, religious congregation. But a parish not represented by the priest doesn't have legal personality. As individuals, they can act, but they don't act as the parish. * They may be given to a private association.
Canon 114 Creation * §1 Aggregates of persons or things / alignment with Church's mission / transcends individual person / constituted by law (de jure) or decree (ab homine). Confers canonical status on a moral person. De jure: dioceses, parishes, religious institutes and provinces and houses, seminaries, ecclesiastical provinces episcopal conferences, public associations of the faithful. No canon explicitly confers juridic personality on secular institutes, but it can be inferred. Colleges, universities, hospitials, etc. acquire juridic personality by decree. Competent authority is not specified, though analogy from public associations of the faithful seems to be Holy See, episcopal conference or diocesan bishop. * §2 Works of piety, of the apostolate or of charity, whether spiritual or temporal. * §3 Authority should determine that the purpose is useful and the means are sufficient to achieve the purpose.
Canon 115 Classifications * §1 Aggregates of persons or things that acquires or is granted separate legal existence. E.g. Though ecclesiologically the parish is the community of faith, canonically, the Parish is not the aggregate of the parishioners. A parish has a substratum of a moral person or group of people. * §2 Aggregate of Persons Universitas Personarum must be at least three, it is collegial if the members decide its conduct by participating together in making its decisions; otherwise, it is non-collegial. Examples of collegiality are bishops conferences and religious institutes. Non-collegial are parishes, dioceses and the Holy See. * §3 Aggregate of Things Universitas Rerum may be spiritual or material, directed by one or more physical persons or by a college.
Canon 116 Public and Private * §1 Public Juridic Persons fulfill their purpose in the name of the church for the public good. Other juridic persons are private. * §2 Public Juridic personality is received by law or by decree. Private juridic personality is received only through decree. Private juridic person is new to the 1983 code and was required to give structure to the Council's teaching on the right and duty of the Christian faithful to engage in apostolic action and to organizations for this. The difference is a in the relationship with the hierarchy. In the name of the Church is code for under the close supervision and direction of the hierarchy. Private has its statutes approved, but then enjoys more autonomy of action, its goods are not ecclesiastical goods. Public/private distinction is like Governmental/NGO distinction. Like public / private sector, not like public / private corporation in the US. It is a a distinction in roman and european law, not in anglo-american law.
Canon 117 * "No aggregate of persons or of things seeking juridical personality can acquire it unless its statutes are approved by the competent authority." Not required in the old code, so existing juridic persons often don't have statutes. Also what about juridic persons erected as a matter of law. They should have statutes, but if they don't?
Canon 118 Agents * Those acting for the juridic persons are those competent in law or in the statutes. Sometimes, the civil structure doesn't match the canonical structure, so that E.g. bishop acts for parishes, instead of the parish priest.
Canon 119 Decisions * Default rules for collegial elections and decision. Generally provision for these will be made in law or in statutes. Notable here is that an absolute majority of those present elects or decides, i.e. abstentions and invalid votes are counted. §3 Quod omnes tangit debet ab omnibus approbari.
Authentic Interpretation: On third ballot a relative majority wins. 1990
Canon 120 Termination * §1 Juridic Person is by nature perpetual, but may terminate by 1. lawful suppression by competent authority, 2. inactive for 100 years. 3. Private juridic persons may be dissolved by the association according to its statutes. Suppression of religious institutes and societies is reserved to apostolic see, even if diocesan right. * §2 Even just one person can continue a collegial juridic person.
Canon 121 Consolidation * Two or more universitates (public juridic persons) can be joined to a new universitas which is a successor in interest to the prior entities. Donor intent has to be respected with regard to goods and acquired rights are to be honored. Competent authority would have to suppress the prior entities and erect the new entity. Alienation rules do not apply. Private juridic persons can consolidate according to their own statutes.
Canon 122 Division
In division of a universitas, (public juridic persons) competent authority is to protect before all else, 1. intention of the founders and donors, 2. acquired rights and 3. approved statutes. Through an executor ensure 1. equitable and just distribution of divisible goods and rights, debts and obligations, and 2. that indivisible use and usefruct and obligations of indivisible goods accrue and are imposed in equity and justice. Prior law and Eastern code allows division of territory, but not of the juridic person itself. Third party benefactors, e.g. foundations are not divided with the division of the juridic person, but would be taken into account as an external circumstance in the distribution of assets and liabilities. Final decision is not by mutual agreement within the juridic person and the new subdivisions, but by the competent authority.
Canon 123 Extinction
Unless otherwise provided in statutes, goods, rights and obligations go to the juridic person immediately superior, with due regard to intentions of founders and donors and to acquired rights. Goods, rights and obligations of private juridic persons goes according to its statutes. Distribution of goods of an extinct religious institute or society is reserved to the Holy See. Some public juridic persons are not hierarchically constituted, e.g. college or foundation. It has been interpreted that it goes to the one with authority to erect or suppress. But it could be problematic if a Juridic person is erected by bishop but sponsored and staffed by religious institute.
Title VII: Juridical Acts * Robleda dfn: “an externally manifested act of the will by which a certain juridical effect is intended.” Requires 1) rational act 2) with the intention to produce juridic effect.
Requires knowledge, intention, discretion and capacity. Not a human act (no will); not an ordinary act (no juridic effect); not a juridic fact (no will). Requires specific intent. Unilateral: one does (law); bilateral, e.g. marriage. C.119 on collegial acts is close to this section.
Canon 124 Requirements * 1917 code only had invalidating elements. 1983 gives positive requirements. Person can be physical juridic or collegial. Qualified person is a person with right to act: general and specific. Formalities: e.g. writing, in person, etc. §2 presumption of validity. However, may be wrong: intended will may diverge from manifested will: dissimulation. E.g. zombie. * basic elements for essentially constituting the act which is not itself defined. Some of these elements are dealt with more extensively in marriage law.
Canon 125 Force and Fear * Irresistable force absolutely invalidates, grave fear or malice (dolus - fraud) make rescindable. Civil law may trump if for example a contract is involved.
Canon 126 Ignorance and Error * If ignorance goes to substance of choice, it invalidates. If it goes to accident which was nevertheless the reason for placing the act it may still be rescinded. In a collegial act, if there are sufficient free votes to place the act, it is valid, even if some were affected adversely.
Canon 127 Consent or Counsel * Consensus and concilium. CCEO requires superior to provide adequate information and ensure that counselors have the opportunity to speak freely. A tie isn’t consent. Superior can’t vote in consent. Seeking counsel needn’t be in person, should be analogous to the group convoked. Relaxation of convocation requirement only if in particular or proper law. Can act against counsel but should have an overriding reason - in their own mind.
§2 When consent or counsel of persons as individuals is required, consent of all is required, and or the opinion of all is needed for counsel. * The superior places the act, but requires consent for validity. In a collegial act, superior votes with the others, and the group places that act. If consent of individuals is required, each has veto power.
§3 Those giving consent or counsel should do so diligently, secrecy may be imposed.
All must be convened, those not present loose the right to be heard, or to vote. In a collegial act, the superior sits as a true member of the group with one vote. In consent and counsel, the superior decides alone, with the advise or consent.
Canon 128 Restitution * Restitution or reparation required if damage is illegitimately inflicted by a juridic act. Restitution is to be through church channels. Problem is that often things are done administratively, but generally these issues would be decided judicially - often this would be in a diocese. But it is also the possible that the bishop is the malfeasor - so then this must be taken to Rome. Even damages could be given, but on what would that be based. (This is a novelty in the 1983 code.)
Title VIII: Power of Governance
Separate books in the code are on teaching and sanctifying munera, but nothing on the ruling function. This on governance doesn't correspond to the jurisdiction, nor does it use the language of munus. There is ongoing ambiguity in sorting out power, ordination, and governance in the church in a manner consistent with Lumen Gentium's universal call to mission. This is linked to the power of ordination. Proper power comes with the office, delegated is given personally, generally this is executive power - can't hand over a legislative power and judicial power in a limited way. E.g. Vicar General has proper power, but may get further delegated power. Delegation to lay people is impossible unless dispensed.
Canon 129 Who Exercises
§1 Those is orders are qualified for the power of governance / jurisdiction which is in the church by divine consitution. §2 Laity cooperate (not participate) in the same power. Roman school - laity have always exercised jurisdiction and can still do so. Munich school - priesthood is one, and therefore laity are excluded from jurisdiction. There still exist examples of lay offices with the power of governance: finance officer, finance council, lay parish administrator, judge, promoter or defender.
Canon 130 Internal and External Forum
Governance concerns the external forum, but is sometimes exercised for the internal forum. Law prefers to act in the external verifiable forum. Internal forum is sacramental and non-sacramental.
Canon 131 Ordinary and Delegated Power
§1 Ordinary power pertains to the office, delegated power is given to a person. §2 Ordinary power can be proper or vicarious (e.g. vicar general VG exercises power in the name of the bishop). §3 burden of proving delegation rests on the delegate.
Canon 132 Habitual Faculties
Delegated power that subsequently runs with the office. Generally VG and EV have habitual faculties granted by the Holy See to a bishop.
Canon 133 Validity of Acts by Delegate
§1 ultra vires acts of a delegate are without effect. §2 Delegate who acts in a manner contrary to the delegation acts invalidly if the manner is expressly required for validity.
Canon 134 Ordinaries
§1 Pope, diocesan bishop, VG, EV, Major superiors of clerical institutes SAL of pontifical rite. §2 local ordinary are all the above except Major Superiors. §3. Diocesan Bishop does not include VG or EV. When the code specifies Diocesan Bishop, that power can be delegated to VG or EV, who then exercise it as delegated power.
Canon 135 Legislative, Executive and Judicial
§1 Power of governance is distinguished as Legislative, Executive and Judicial. Distinguished, not divided.
§2 Legislative power must be exercised in accord with law - cannot be delegated unless provided in law, e.g. canon 30 (except by pope and college of bishops). Lower legislator can't make a law which is against the law of a higher legislator.
§3 Judicial power of judges must be exercised in accord with law and can't be delegated.
§4 Executive power is exercised as provided here.
Canon 136 Scope of Executive Power
Generally executives have power over subjects, even outside territory, and those in territory for favors, universal law or binding particular law.
Canon 137 Delegation and Subdelegation
§1 Can be delegated for single act or all cases, unless specifically prohibited. §2 Executive power of the Holy See can be subdelegated, unless specially prohibited. §3 Ordinary power can be subdelegated only if original was delegated for all cases, if original delegation was for one case it can't be subdelegated. §4 Subdelegated power can't be subdelegated again, unless expressly granted. Subdelegation must be within the scope of the delegation.
Canon 138 Interpretation
Broadly delegated power interpreted broadly. Delegation includes what is necessary to exercise delegation.
Canon 139 Several Competent
§1 Generally if a person approaches one of several competent to act, it doesn't suspend the executive power of the others. §2 Lower authority shouldn't intervene in case submitted to higher authority except in grave and urgent cases.
Canon 140 Several Delegates
§1 If several are delegated in solidum (jointly) when one begings to act, the others are excluded, unless the first is impeded or doesn't wish to carry it out. §2 If several are delegated collegially, all must proceed according to canon 119, unless otherwise provided. §3 delegated power is presumed in solidum.
Canon 141 Successive Delegation
First delegate, or specific delegate has priority.
Canon 142 Cessation
§1 Delegated power ceases by: 1. fulfillment, 2. expiration under it's terms: time, cases, purpose 3. revocation communicated to delegate, 4. resignation accepted by delegator. It doesn't cease when delegator's authority ends unless stated otherwise in the delegation. §2 A delegated act in the internal forum placed inadvertently after cessation is valid.
Canon 143 Cessation of Ordinary Power
§1 Ordinary power ceases with the loss of office. §2 If recourse is made on loss of office, the person holds the office, but cannot act validly till the matter is resolved. Acts placed would be valid but illicit, unless otherwise provided.
Canon 144 Error and Doubt
Church supplies the lacking power in cases of error and doubt. E.g. when it is not clear if a person can hear confession, or do a wedding. God supplies as well even beyond the code and the church.
Title IX: Ecclesiastical Offices
Ecclesial Office is a function established in a stable manner. Ordinations were 'relative ordinations' meaning they were tied to a particular place and/or office. Later benefice or source of income was attached to the office, e.g. vineyard. In the Middle Ages, began absolute ordination - i.e. not attached ot a place. There was also the rise of mendicant orders, and the lay investiture controversy. 1917 code restricted offices and power of orders to clergy. Vatican 2 disentangled benefice from office and encourage lay persons to be entrusted with offices. The section on office was also moved from the section on clergy where it was in the 1917 code to the general norms.
52 canons. It is important to know what an ecclesiastical office is. Offices are stable - it has a task or tasks, but not every task is an office. This exists on a macro and micro level.
Tria munera of the church carried out in - officium - is composed of one or more munera. But the acolyte is an office with only one task, also a ministerium. An office in Belgium is youth pastor. There are borderline cases, the office created by the bishop is at odds with universal law - e.g. the moderator of the tribunal. Officialis has to be a priest, but not the moderator - the officialis has to do the functions required by the code, the moderator can do the other functions. This will happen, so it is better that it is created formally. Another solution is that in Flanders there is only one interdiocesan tribunal with five locations. These are ways of working with the reality of the situation and the demands of the code.
Canon 145
Ecclesiastical office is any function constituted in a stable manner by divine or ecclesiastical ordinance to be exercised for a spiritual purpose. All four of the following factors must be present. * Office is a function, munus. The power to carry out the office is the ordinary power of the office which can be exercised by the officeholder or by another vicariously. * The office must be constituted by divine or ecclesiastical ordinance. Those said to be of divine origin are the pope, the college of bishops and the diocesan bishop. Some offices come into existence when a structure is created, e.g. a diocese or province of a religious order. Others may be erected, e.g. diocesan offices. * Office is stable, i.e. objectively the office outlasts the officeholder and subjectively, the officeholder's tenure * The office is constituted for a spiritual purpose. Office is distinct from ordination - volunteers and employees can, but need not hold offices.
Unresolved issues: * It is unclear who creates the office, and whether legislative or only administrative power is required to create it. * It is unclear whether a bishop can change obligations of offices provided in law? * Some dioceses have created delegates - not vicars, attempting to avoid giving title of vicar to non-clergy. But these are de facto offices having all the elements described above. * What is the status of lay pastoral ministers, principals, catechists, theologians, canonists.
Significance of the Office: 1) it is a commitment by the church to staff the position; 2) there are criteria for appointment and removal; 3) Officeholder has the right and power to fulfill the office; 4) there are procedures for loss of office. Basically this is a manual for church due process in human resources. Would that it were followed.
Ch. I : The Provision of Ecclesiastical Office
Canon 146 Canonical Provision
Proper appointment required for validity of acts of the office.
Canon 147 Methods of Provision
Provision is through 1) free conferral 2) presentation installation 3) confirmation or admission; 4) election and acceptance. The candidate must be selected, the office conferred and accepted. In conferral, the same person selects and confers, in presentation / installation and confirmation, one selects, another confers. In election, the body may confer, or another authority may confer. Erdo finds other ways of provision, e.g. prescription. 1917 code tried to give the pope all authority in free conferral.
Canon 148 Competent Authority
Provision is made by the one who can erect, change and suppress the office. Other arrangements cna be made, e.g. a bishop could establish an office in a parish, but give the pastor the right to name people to the office.
Canon 149 Qualifications
§1. Communion with the church and suitable. Communion means not excommunicated or publicly abandoned the faith. Communion required is not 'full communion', and this requirement can be dispensed.
§2. Provision to one who is unsuitable is invalid if the qualifications are expressly required in law, rescindable if not. Few offices clearly state qualifications, some say implicit qualifications may be 'express'. If the office is invalidly received, the acts of the officeholder are invalid.
§3. Provision based on simony is invalid.
Canon 150 Full Care of Souls
Offices entailing full care of souls and priestly orders - only to priests.
Canon 151 Vacancy
Offices entailing care of souls should not remain vacant without a grave cause. No sanction, and the one conferring determines the grave cause.
Canon 152 Incompatible Offices
Can't make incompatible appointments, e.g. conflicts of interest. Second appointment is valid but rescindable.
Canon 153 Availability
§1. Appointment of a second person to an office is invalid (not validated by subsequent vacancy). §2. Appointment 6 months before expiry of term takes effect when term expires. §3. Promise of office has no juridical effect. Practice of moving several pastors at the same time is problematic because the offices aren't vacant, promises are ineffectual, etc.
Canon 154 Illegitimate possession
Someone can be appointed to an office illegitimately possessed by another. Must declare illegitimate possession and make appointment.
Canon 155 Negligence in Provision
If another appoints to an office because of negligence of the provider, this does not change the hierarchical order.
Canon 156 Provision in Writing
Provision must be in writing - generally considered for proof, not for validity.
Art. 1: Free Conferral
Canon 157 Free Conferral
Diocesan bishop provides for offices in his particular church. Right to the office is ius ad rem, the office itself is ius in rem.
Art. 2: Presentation
Canon 158 Presentation
Present to the conferrer within 3 months of vacancy, conferrer can consider only those presented. There is no time limit for the conferral of the office. §2. If a group presents, they are to elect.
Canon 159 Willingness
"No one is to be presented unwillingly"
Canon 160 Several Presentations
§1. One with the right to present can present several simultaneously or sequentially. §2. No one can present oneself, but a group can present one of its members.
Canon 161 Re-Presentation
If the presentee is unsuitable, renounces or dies, another can be presented within a month.
Canon 162 Loss of Right
One who hasn't presented in time, or has twice presented an unsuitable person looses the right. Conferrer can choose.
Canon 163 Installation
The office is conferred on one who is presented, suitable and willing.
Art. 3: Election
Canon 164 Default Rules for Election
Canon 165 Convening the Electors
Election is to be 3 months from the vacancy, otherwise the confirming authority can freely provide. The group's own law may provide for a different time, or another confirming authority. Sometimes there is no specification of authority competent to act. See 413.2, 452.1.
Canon 166 Convocation
§1. Groups presider to convoke all, if notice is personal, it is valid if to the domicile or quasi-domicile or residence of each. §2. If someone is overlooked and absent, the election is valid, however, on recourse by the absent person within three days of notice of the election, the election must be rescinded. §3. If notice to more than on third of the electors is overlooked the election is null unless they are all actually present. Some say notice need not be given to those who cannot vote.
Canon 167 Proxy
§1. Proxy votes prohibited, unless allowed in proper law. §2. Someone on site, but absent due to ill health is to be included.
Canon 168 One Vote
Persons can vote only once, even if they hold several titles.
Canon 169 Validity of Election
Only members of group or college can vote. Otherwise invalid.
Canon 170
Actually impeding freedom of election invalidates. Punishable under canon 1375.
Canon 171 Validity of Vote
§1. Unqualified to vote are those: incapable of a human act, lacking active voice, under penalty of excommunication properly declared or imposed, or notoriously defected from the communion of the Church (formal act not required). §2. If admitted, the vote is null but the election is valid if the null vote didn't change the results.
Canon 172 Free, Secret, Unconditional
§1. Each vote must be free, secret, certain, absolute and determined for validity. §2. Conditions attached to a vote are null.
Canon 173 Conducting the Vote
§1. Two tellers designated from the group.
§2. Verify number of ballots is equal to number of electors, count votes and announce number for each openly.
§3. If ballots exceeds number of electors: invalid.
§4. Acts of election are recorded, signed by secretary, presider and tellers and preserved in the archives.
Canon 174 Compromise
§1. Unless statutes provide otherwise, election by compromise: by unanimous electors select one or more suitable persons, from the membership or beyond, to elect in the name of all. §2. in a college of only clerics, electors must be ordained. §3. Commissioned must observe law of elections and conditions attached to the compromise.
Canon 175
Compromise ceases and right returns to original electors when 1. revoked before action; 2. conditions not fulfilled, 3. election was null.
Canon 176 Election
One with the required votes is elected and to be announced. If number is specified in proper law, 119.1 provides 50% plus 1, etc.
Canon 177 Acceptance
§1 Election is to be communicated to the electee who must accept in 8 useful days after notification. §2 If the election is declined, the electee looses all rights to the office, but can be elected again. The college must proceed with a new election within a month after notice.
Canon 178 Acquiring Office
If no confirmation is required, the elected immediately acquires the right to the office.
Canon 179
§1 If confirmation is require, the elected seeks confirmation within 8 days or looses the right to the office (unless impeded). §2 Authority can't deny confirmation if the elected is suitable and the election was lawful. §3 Confirmation must be in writing. §4 Elected can't act before confirmation - any such acts in the office are null. §5 Once confirmed the elected immediately acquires the right to the office. Ius ad rem till confirmation which gives ius in re.
Art. 4: Postulation
Vote for one canonically impeded. Postulated candidate receives office on acceptance after dispensation.
Canon 180
§1 Electors choose one impeded, believed more suitable and preferred. Impediment must be customarily dispensed. §2 Compromise electors can't postulate unless they were given this right.
Canon 181 Two-thirds Required
Two thirds vote required for postulation. Vote for postulation must include: I postulate.
Canon 182 Submission
§1 Send within 8 days to dispensing authority (confirming authority if any). §2 If not sent, it is null and the group is deprived of the right of election, unless the presider was impeded or refrained by malice or negligence. §3 Dispension is not required but may be given for a just cause. §4 Postulation can't be revoked unless dispensing authority consents.
Canon 183 Denial
§1 If the postulation is denied the right of election returns to the group. §2 If the postulation is admitted, the individual is asked to consent, canon .177. §3 On acceptance, the person acquires the full right to the office Ius in re (since the dispensing authority is the confirming authority)
Ch. II : Loss of Ecclesiastical Office
Civil law contracts must be respected in the loss of Ecclesiastical offices.
Canon 184 Loss of Office
§1. Loss of Ecclesiastical Office by (death) time, age, resignation, transfer, removal or privation. §§2. Death of conferror doesn't cause loss of office, nor by disability or incompetence. §3. Should notify conferror. 1740 gives specifics for removal and transfer of pastors.
Canon 185 Emeritus
Emeritus can be conferred on those who age out or retire. Bishop is automatically emeritus.
Canon 186 Lapse of Time
Loss by lapse of time or resignation occurs only when notified by conferror.
Art. 1: Resignation
Resignation initiated by officerholder.
Canon 187 Subject
Only sui compos can resign for a just cause. - incompetent person is also incompetent to resign.
Canon 188 Undue Influence
If there is undue influence, resignation is invalid. Fear, malice, error, simony.
Canon 189 Process
§1. For validity, resignation must be to the authority responsible, in writing or orally with two witnesses. §2. Authority shouldn't accept a resignation without a proportionate cause. §3. If acceptance is required, it must be within three months (in writing), or the resignation lapses, if no acceptance is required, it is effective when received (though a resigner could specify the time of effectiveness). §4. A resignation can be revoked until it takes effect.
Art. 2: Transfer
Canon 190 Transfer
§1. Can only be made by one with authority over both offices. §2. grave cause needed if officeholder is unwilling. §3. must be in writing (i.e. as a decree). Grave causes should also be in writing. If the transfer is a penalty, penal norms are to be followed. Recourse will suspend the transfer.
Canon 191 Timing
Prior office vacant when second is taken up. Remuneration of prior office till second is taken up. If recourse is taken against the transfer, prior office is occupied de jure till resolved. Otherwise it is vacant when the second is taken.
Art. 3: Removal
Canon 192 Decree
Removal by Decree of competent authority.
Canon 193 Manner
§1. In indefinite term, only for grave cause, according to lawful process. §2. Likewise for removal before teonferred at prudent discretion can be removed for just cause. §4 Removal to be in writing with cause stated.
Canon 194 Removal by Law
§1. Office lost by law itself: one who looses clerical state, one who has public defected, a cleric who attempts marriage. §2. Loss is enforceable when declared. Officeholder's acts are valid till the declaration is received.
Canon 195 Support
Provides for support for a suitable period.
Art. 4: Privation
Canon 196 Penalty
Privation is penal removal and must be done according to the norm of law. Permanent penalty requires judicial process, not just adminstrative decree. Privation is a grave penalty. Can't be latae sententiae (incurred without a decree).
Title X: Prescription
Prescription is a means of gaining or losing legal rights or obligations. It helps resolve prolonged uncertainty about property. Prescription may be acquisitive (gaining property or rights) or extinctive (liberation from obligtions).
Canon 197 Follows Civil Law
Church follows civil law of the jurisdiction, except as provided here and in canons 199, 1492, 82, 1269, 1270, 1362, 1363, 1621)
Canon 198 Good Faith
Prescription requires good faith. In US law, mere avoidance of fraud is sufficient. Good faith not required for the lapse of time for criminal prosecution in 1362. This removes much prescription - the church chooses for good faith over certainty.
Canon 199 Exceptions
Some rights are beyond the reach of prescription: * rights and obligations which are of divine law, whether natural or positive - e.g. Canons 219 choice of state, 217 christian education, 226 Christian education of Children. * rights which can be obtained only by apostolic privilege - e.g. erection of public associations 312, indulgences 995, * rights and obligations which bear directly on the spiritual life of Christ's faithful - e.g. right to worship in one's own rite 214, Sunday and penance obligations 1247, 1249. * the certain and undisputed boundaries of ecclesiastical territories; * Mass offerings and obligations; * the provision of an ecclesiastical office which, in accordance with the law, requires the exercise of a sacred order; - since the code specifies how ecclesiastical offices are obtained, it is not clear what this canon refers too - the reference to orders is also ambituous. Drafting history provides no insight in the matter. * 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. Protects the unity and communion of the church.
Title XI: The Reckoning of Time
Canon 200 General
General norms govern reckoning of time, unless the law being applied has an exception.
Canon 201 Continuous and Useful Time
Tempus continuum is uninterrupted. Tempus utile is available time, which may be interrupted by unawareness, illness, closed offices, etc. Some canons specify tempus utile, if the canon is silent, it would seem tempus continuum is intended, though the contrary could be argued, particularly if there is a limitation of rights. An interruption in tempus utile results in the addition of a full day, even if the interruption was just a few hours.
Canon 202 Day, Month, Year
A day is 24 hours beginning at midnight, unless otherwise provided, a week is 7 days, a month is 30 days and a year is 365 days, unless they are specified as a calendar month or year. In continuous time, it is always taken as calendar time.
Canon 203 First and Final Days
First day is not counted unless the initial act is at midnight. Last day is counted, and ends at midnight. Like retreat days. 5 days from now - count from midnight the beginning day, then 5 full days to midnight.
BOOK II: PEOPLE OF GOD
Part I: Christ's Faithful 1. Part I: Christ's Faithful 1. Title I: Obligations and Rights of Christ's Faithful 2. Title II: Obligations and Rights of the Lay Faithful 3. Title III: Sacred Ministers or Clerics 1. Chapter I: Formation of Clerics 2. Chapter II: Enrollment or Incardination 3. Chapter III: Obligations and Rights of Clerics. 4. Chapter IV: Loss of the Clerical State. 4. Title IV: Personal Prelatures. 5. Title V: Associations of Christ's Faithful 5. Chapter I: Common Norms. 6. Chapter II: Public Associations of Christ's Faithful. 7. Chapter III: Private Associations of Christ's Faithful. 8. Chapter IV: Special Norms for Lay Associations. 2. Part II: Hierarchical Constitution of the Church 6. Section I: Supreme Authority of the Church. 9. Chapter I: Roman Pontiff and College of Bishops 1. Article 1: Roman Pontiff. 2. Article 2: College of Bishops. 10. Chapter II: Synod of Bishops. 11. Chapter III: Cardinals of the Holy Roman Church. 12. Chapter IV: Roman Curia. 13. Chapter V: Papal Legates. 7. Section II: Particular Churches and Their Groupings. 8. Title I: Particular Churches and the Authority 14. Chapter I: Particular Churches. 15. Chapter II: Bishops 3. Article 1: Bishops in General 4. Article 2: Diocesan Bishops 5. Article 3: Coadjutors and Auxiliaries 16. Chapter III: Impeded or Vacant See 6. Article 1: Impeded See 7. Article 2: Vacant See 9. Title II: Groupings of Particular Churches. 17. Chapter I: Ecclesiastical Provinces and Regions 18. Chapter II: Metropolitans. 19. Chapter III: Particular Councils. 20. Chapter IV: Episcopal Conferences. 10. Title III: Internal Ordering of Particular Churches. 21. Chapter I: Diocesan Synod. 22. Chapter II: Diocesan Curia. 8. Article 1: Vicars General and Episcopal Vicars 9. Article 2: Chancellor, Notaries and Archives. 10. Article 3: Finance Committee and Administrator 23. Chapter III: Council of Priests and College of Consultors. 24. Chapter IV: Chapter of Canons. 25. Chapter V: Pastoral Council. 26. Chapter VI: Parishes, Parish Priests and Assistant Priests 27. Chapter VII: Vicars Forane 28. Chapter VIII: Rectors of Churches and Chaplais 11. Article 1: Rectors of Churches 12. Article 2: Chaplains 3. Part III: Institutes of Consecrated Life and Societies of Apostolic Life |

Canon 204 Subsists In
The Church - subsists in the catholic Church. Conciliar / theological in approach. However, subsistit in is legally problematic as it seems to include also the non-catholic Christians.
Baptized means all Christians, and also those who left the church by formal act. Membership is a personal act of relationship with God - a calling. Being a member of the parish as well is not just a being part of a club. The institutional and spiritual aspects are of the same relationship. For this reason, a pastor can't kick out a parishoner. This is a religious area of conscience. Leaving by formal act - you have to be first a criminal. And in fact you remain a member but a criminal one.
Canon 205 Full Communion
Those baptized are in full communion with the catholic Church here on earth who are joined with Christ in his visible body, through the bonds of profession of faith, the sacraments and ecclesiastical governance. Full communion - is joined by profession of faith, sacraments and ecclesiastical governance: 3 munera, but not in the order of the code: regendi, docendi, sanctificandi. "Rehabilitation of Pius X excommunicates - they are still not in full communion but it isn't declared, and they have no office - but they not suspended." If you offend regendi and docendi at the same time, e.g. when you speak against the teaching of the pope.
Canon 206 Catechumens
Neither the canon or its source gives enlightenment on extra prerogatives for catechumens. 1183, funeral, 1170 blessing. Legally unbaptized, but they get some non-legal benefits.
Canon 207 Christian Faithful
Christian faithful are clerics and laity - in CCEO, religious are another category. Each state has also has active, articulate, educated, nonpracticing. Religious are part of both - but no legal consequences here (later there is specific legislation).
Lex Ecclesiae Fundamentalis originally see as the umbrella over CIC and CCEO. However, this didn't occur, it would have made them formally superior to the rest of the code. E.g. if equality were superior, then special could not derogate, e.g. BFOQs
Title I: Obligations and Rights of Christ's Faithful
Subtitles
start with rights of all the christian faithful, then rights of the lay faithful. R&O of all is a novelty in this code. Reasons: emphasis on laity at vatican II, increased societal emphasis on human rights after WWII seen for example in UCHR, Treaty of Rome. Onclin developed this idea, under the title of subjective rights already in the 1950s; it took some time before this theory made its way into the church. Human rights is replaced by "obligations and rights of the Christian Faithful." Human rights were born as a reaction in legal systems in elightenment and liberalism - individual freedom vis-a-vis the state. This comes with some difficulty into the church where leaders still claim absolute divine right. Free zones for the person implies a conflict of interest between those in charge and the people. Torfs says when a right becomes an obligation, it becomes a duty, not a right.
What is the status of the canons 208-223?
What is the nature of these obligations and rights? Four trends regarding the nature:
First, legal approach is advanced by J. Beyer [Gent]. Let's take the catalogues of rights developed in the secular state. There could be limits, but you could have right to life, right of association, due process, many of these have canonical origins in the first place. Freedom of religion and freedom of expression would have to be nuanced. Second, theological position is advanced by Munich U. Hinder, Correcco. They are against Beyer, they want to start from the nature of the church and build on this. These are church obligations and church rights; start from an ecclesiological model. Rights based on word, sacraments and apostolic succession. Each has active and passive rights. You end up with different rights than Beyer, these are not human rights, but christian rights. Third, legal/theological approach developed by Johannes Neumann. Legal theory with theological correction, later left the priesthood. "Human rights also in the church." Takes fundamental rights, but then puts each through the screen of theological deepening. Freedom of expression, this is accompanied with respect. Freedom of scientific research, but with accommodation for the hierarchs. Fourth, Anthropological method was proposed by Greimacher and Walf. The discussion gives the impression the Church can decide, instead, they are embedded in the nature of the person. People cannot abandon them at the church door, and the church can't deny them for the same reason. It questions the legitimacy of the question. Code did not choose among these - there is a mix of theories, you can invoke various theories that lead to one or another result. Legal theory is found in 208 equality, 215 association, 220, privacy, 221.3 legality, 221.1 due process. Theological theory is found in 210 holy life, 211 proclaim the gospel, 213 spiritual assistance. Legal/Theological is found in 218 academic freedom with submission to magisterium. Castillo-Lara says the rights listed are merely a sampling, but there are more - like the anthropologists. Because of the variety of underlying legal theories, sometimes it is not clear how theological or legal a norm should be interpreted and applied. E.g. Canon 213 with the right to assistance by Pastors, especially word and sacrament. Soft right, but also duty to have enough pastors to provide the sacraments, don't hinder those who would like to minister. E.g. celibacy not in East, in west only since 12th century, lateran council, also categorical prohibition of ordination, e.g. of women.
Shouldn't this be in an institutional document - the constitution, the human rights conventions. There was a strong move for lex ecclesiae fundamentalis that would have overarched the Latin and Eastern Codes. Eastern Code drafter Zuzek was advocating this even in the late 80's and early 90's. It would have strengthened the CCEO. It was opposed from the left and the right. Only the intelligent favored it and they are always a small minority. Conservatives opposed it because it could be a start of all sort of further rights. It could also be a problem for ecumenical thinking. Progressives opposed it because they wanted to base the constitution of the church on the Gospel - but that is not a legal document. Later progressives thought that they had missed an important opportunity. Peter Erdo - Budapest Cardinal said that it is problematic to place natural right norms on a higher level than divine law. E.g. No crime, no punishment. The h hierarchy of the hierarchy would be lower than the fundamental rights. Hervada and Lombardia were the best promoters of the Lex Ecclesia Fundamentalis - since it was an important part of a true legal system.
Where does this leave the fundamental rights of all the Christian faithful? Is it possible that these fundamental rights that are spread through the code have a superiority to other canons. At least there is the tacit foundation of the rights of all, then the laity and clerics as sub groupings. But are the fundamental rights of all above other norms of the code or local norms.
What text says is more important that the will of the legislator. Look first to the text, then to context, then to will of legislator. You can opt for an interpretation of norms that respects the fundamental rights. But Lex specialis derogat generali. General norm is equality, unless legislative inequality.
229 §3
Likewise, (idoneitatem) assuming suitability, they can have a mandate to teach sacred sciences. If you make functions open to laity, you have to have some equality in that. If clerics are chosen, even over laity who are better qualified, why open the function. The quota of clerics would be a violation. Compare and choose the best - but if there is a bias to clerics, then they should also be on an equal basis.
1741 §3 Removing pastors.
The loss of the parish priest’s good name among upright and serious minded parishioners is a grounds for removal. But canon 220 prohibits harming the reputation of another.
Formal superiority of Fundamental rights could improve their protection and could improve the legal culture in the church. 1399 allows punishment without law - it wouldn't be allowed in the light of the principle of legality. Vanity of clerics against 282 could only be punished by 1399 because 282 doesn't include a sanction. There isn't a formal hierarchy, however we can apply the law in view of honoring the rights of all the Christian faithful. This also helps the law to function credibly in the secular system. Schwedenwein - says the right of the individual has to give way to the common good - but is the common good helped by rumor-mongering. But Canon 220 protects the right to privacy. Potius ut valeat quam ut pereat - interpret a norm to have an effect not that it be ineffectual. In order to do this with Canon 220 on privacy, you have to have it above other norms. There is a formal equality of norms, and in that case, it would have a situation in which this section is completely without effect. However, there may be a clash with 'fundamental rights' and 'divine law' - which would seem to say God opposes fundamental rights.
Canon 208 Equality
From Christ, there is a genuine equality of dignity and action, equality in contribution according to his or her own condition and office. Treat equals equally. Equality before the law is most solid - equality in the law: everyone is treated equally - but this isn't always fair. Equality in the law, handicapped parking. Equality through the law, make unequals equal: more income, more taxes; affirmative action - compensating one for bad done to ancestors. Context can determine whether a particualr criteria is acceptable for distinguishing between people. Taxing the opposition party's business holdings.
Equality is not easy to reconcile to hierarchy It is important to note that it is in a hierarchical context where power of governance and power of ordination are identified; how square this with equality. Where is vera ... aequalitas. Divine constitution of the church as a basis for non-ordination can't be attacked by fundamental rights. Equality according to dignity and function. Three types of equality - in the law, through the law and before the law. Equality in the law - all treated in the same way: flat tax. But this doesn't take into actual differences and so it can be unjust. Equality through the law is opposite. The law makes people equal by treating them unequally. Takes from the rich and gives to the poor: e.g. affirmative action. Both methods are challenged. Equality before the law - threat people appropriately: sometimes you make distinctions, sometimes you treat differently. The crucial point is where to draw the limits. E.g. brewery tax of former mayor. Protected categories get strict scrutiny and there are BFOQs. Women are bracketed out of all clerical issues. History of women's discrimination: 100 years ago everyone did it, but this has changed in the secular states. '75 Biblical Commission - no arguments. '76 CDF - Inter Insigniores: 7 arguments against, so it is thought putatur to be part of divina constitutio. Other christian churches ordained women. Anglicans in early 90s accepted ordination of women. 2/3 majority in three chambers of church: lay, priests, bishops. This made fear in RC church and so pope in '94 in ordinatio sacerdotalis - not in my church. dropped the putatur. so no more discussion. Arguments become increasingly weak.
Canon 209
§1 Christ’s faithful are bound to preserve their communion with the Church at all times, even externally. §2 They should carry out responsibilities to local and universal church.
Canon 210
Right to lead a holy life, and to promote the growth of the Church.
Canon 211 Evangelization
All Christ’s faithful have the obligation and the right to strive so that the divine message of salvation may more and more reach all people of all times and all places.
Canon 212 Freedom of Expression
§1. Christian obedience to teachers of faith (not parish priest). §3 They have the right, indeed at times the duty, in keeping with their knowledge, competence and prestige, to manifest to the sacred Pastors their views on matters that 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 1) respect the integrity of faith and morals, 2) show due reverence to the Pastors and 3) take into account both the common usefulness utilitatis and the dignity of persons.
This exists, but with many conditions. Not granted generously. The main problem is that we don't know the borders of this law. A right, and at times the duty. This is a good sign though, and express openly, no double-speak. Unclear. You can be canonically wrong if you don't speak up. Most theologians don't get into problems because of remaining silent. Competence plays a role as well. I may have an opinion, but not the competence to support it. First you tell the problems to your pastors then to the public. Public debate may not be so helpful - in the hierarchical system, a Latin approach; Provost says this is too culturally determined, not the way the American system. Dignity of persons all are equal dignity: 208. What type of reverence is to pastors, and what sort of reverence to human dignity. Perhaps we should also respect offices more, or can one be more honest with the bishop, than with the faithful. You may argue that the higher a person is the more you should be honest with them. Public persons voluntarily enter the public arena - should be able to handle more frank interventions. Lingens case in Europe. The most difficult element: attentive to common good. Found also in canon 223. But this puts freedom of expression in tension with the common good. This is true of pitting all the human rights against the common good. In secular law freedom of expression is essential to the common good. First time ever in the history of the church where there is freedom of expression. Old jurisprudence Common Good - Handiside: even vulgar language should be admitted because the common good is helped by free speech. Here there seems an instrumental use of freedom of expression - only allowed if it is for the common good, common usefulness, rather than the european position that freedom of expression is a part of the common good. Popular pastor who wrote book seen as anti catholic - this canon was used, because both sides wanted to find a solution. Canon law helped give it a good presence in church circles.
Canon 213 Word of God
People have a right to be assisted by pastors with Word of God and the Sacraments. Criteria are there, but there is still the right. Denying communinion is tricky because it is of the issue of conscience. Anointing someone who is choosing euthanasia - again, what is the state of conscience person. You can question them, but in the end this is an issue of sanctuary of conscience.
Canon 214 Rite
People have right to worship in their own rite, but not the old liturgy because that isn't a rite.

Canon 215 Association
§1 All have the right to assembly. Many possible objectives for associations.
E.g. In the Netherlands an association of critical Catholics on John Paul's visit in 1985. Called May 8 - 110 very diverse groups represented. They had professional collaborators. VP of May 8 asked to be a pastoral worker, and she was qualified for the position. Diocesan press service said she can't be accepted because of her position in May 8. Although May 8 wasn't liked, no one ever officially came our against it. The case was solved in a 'Belgian' way. She got the job in another diocese. She too hierarchical recourse. Cardinal had to submit - they thought to send it to Clergy, but then it went to Laity. Nothing happened. 1374 allows punishment for being in an association that plots against the church.
Canon 216 Lay Action
People raised money to hire a pastoral worker for their parish. Later the pastor was changed. Is this praeter legem, or contra legem. So the faithful can have undertakings, but there may be limits if the bishop doesn't accept, and he thinks it impinges on his rights or the sense of the organization of the diocese.

Canon 217 Christian Education
Right to christian education and knowing the gospel.

Canon 218 Theological Investigation Investigation and Expression, but observing magisterium. Fostered as long no contradiction. Theology is more than just explaining what the magisterium says. As long as there is no conflict, there isn't a problem. But when there is a conflict, debito obsequio. There is more a control over clerics. All the theological disciplines are covered canon law, bible, theology, and ethics.

Canon 219 Freedom from Coercion in Vocation

Canon 220 Privacy intimitas is protected. But the term privacy doesn't exist in Latin. What are the limits of the rights of privacy. Privacy of candidate for priesthood. Not as large for candidates for seminarians as for seminarians. Ask questions about sexuality, but there is privacy as well. Denial of communion may violate privacy.

Canon 221 Due Process
Recourse to any applicable forum - not just tribunals. But can't appeal against the pope. Independence is never really achieved. Impartiality is another issue. Because of cannon 331 and 381 providing that all power rests in one person. This inscribes the church in the logic of due process. Access to the process does not mean fairness.
The right not to be punished without law. Nullum crimen, nulla poena. However 1339 allows punishment without law. Also canon 18 says interpret penal law narrowly. In general the code is very precise, but here there is ambiguity. 1313 also allows retroactivity only if the law is more lenient.
Many of the people in the church are against the principle of legality - it is an enlightenment notion of positivity of the law. The church will say natural law says it's wrong, so it can be punished. Positivism is seen not so much as immoral, but ammoral. Security of law is more important than justice in secular systems. Prescription is an example: it is better to come to a clear situation than a just situation. 198 on prescription requires good faith to work the 'injustice'.
Canon 222 Provide for Church
If the state provides, that is okay, but the faithful are ultimately responsible. Conditions can be placed on the donations, and canonically have to be respected.

Canon 223 Common Good
In exercising rights: common good, rights of others and duties to others. The rights are not unlimited. The collective element is more present in the Church than in the state. The collective rights however are not present. E.g. Parish Rights - Jim Coriden. Parish has rights, but most of these problems are with the pastor, yet the pastor is the one who represents the interests of the parish. Parishoners can act as individuals or groups, but they can't act as a parish without the pastor. Bishop can moderate use of rights in view of common good - Krut Walf says this negates the rights; but moderate shouldn't mean they disappear. Schwendenwein uses this argument with canon 1741 'loss of good reputation'. Acquinas makes a difference between the rights and the exercise of the right. Non use of rights might help the common good, but suppressing the rights is probably not helpful to the common good. Rights are better in avoiding conflict than they are in enforcing those same rights; better in theory than in practice.
Title II: Obligations and Rights of the Lay Faithful
Canon 224 First four treat external rights, in addition to rights above.

Canon 225 Lay Apostolate §1 Lay people are deputed to the apostolate by baptism and confirmation, they have the right and obligation to strive so that the divine message of salvation may be known and accepted by all people throughout the world.
§2 They also permeate and perfect the temporal order of things with the spirit of the Gospel.

Canon 226 Marriage and Family
§1 Married couples strive for the building up of the people of God through their marriage and family. §2 Parents have the most serious obligation and primary duty and the right to educate them.

Canon 227 Freedom Lay people have freedom in secular affairs which is common to all citizens; 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. Heed the doctrine of the church - attend, but obedience isn't mentioned. Don't present personal opinion as that of the church if it is not.

Canon 228 Offices
§1 Suitable lay people can have offices. §2 Lay people who are outstanding in the requisite knowledge, prudence and integrity, can be experts or advisors. Canon 835, 759 hierarchy of roles in sanctifying and ruling, lay people are more present in teaching office. Canon 129 claims power is linked to orders (club rules), not to God. These last four canons give rights in the church. Hard to believe it is so narrowminded. 861, all people can baptize, lay people confer marriage on each other (duly appointed, for validity); and 1112 they can assist, any priest can baptise, eucharist, anointing, confession with faculties. Bishop: confirmation and ordination. Sacraments are hightly protected legally. Active sign. Regulation limits abuses, but it also limits the celebration of the sacraments. 766: lay people can preach, 767: homily reserved to clerics, whether or not necessary. But homily is not 'invalid' Here munus sanctificandi overrules munus docendi where lay people can be present.

Canon 229 Theological Education
§1 Lay people have the duty and the right to christian teaching so the can live, proclaim and defend it, and to exercise the church's mission. §2 They have the right to fuller knowledge of the sacred sciences and degrees. §3 Lay people can teach the sacred sciences.

Canon 230 Office of Laity §1 Men can be given the "stable ministry" of lector and of acolyte. Normally unpaid. This is rarely done because the canon excludes women. §2 All lay people can exercise the roles of lector, commentator, cantor, etc. §3 Where the needs of the Church require and ministers are not available, lay people can exercise the ministry of the word, preside over liturgical prayers, confer baptism and distribute Holy Communion, in accordance with law. Deacon can't do much more: distribute communion, do homily and read gospel.
Authentic Interpretation: Female acolytes allowed.
Canon 231 Formation and Remuneration
§1 Lay people with offices should have formation, and act conscientiously, earnestly and diligently fulfil this role. §2 Notwithstanding can. 230 §1, lay people have the right to a worthy remuneration and benefits. Much more a matter of civil law, and seen as an exception, not the norm.
Title III: Sacred Ministers or Clerics
Chapter I: Formation of Clerics
Long - formation is here - it is less flexible when it's here in the code, rather than lesser document.

Canon 232 Right to Train Church has right to train ministers.

Canon 233 Foster Vocations §1 All community to foster vocations, especially families, educators, clerics. Bishops are to instruct the people entrusted to them on the importance and need of ministers. §2 Attention to mature vocations.

Canon 234 Minor Seminaries §1 Minor seminaries to be retained and fostered. §2 Those who aspire to the priesthood are to receive that same human and scientific formation which prepares their peers in their region for higher studies.

Canon 235 Formation §1 Religious formation and instruction in the duties of priesthood. §2 Non-resident seminarians to have someone to ensure fomration in the spiritual life and in discipline.

Can. 236 Permanent Deacon need spiritual formation: 1° young seminarians are to be resident for three years, 2° older seminarians, even married ones have three years program.
Chapter II: Enrollment or Incardination
Incardination from earliest apostolic times, supported through conciliar decrees. 1917 code focused on discipline. 1983 code brought focus more to pastoral needs and the common good of the Church. There was move toward a more equitable distribution of clergy worldwide. 1. Stable ministers, 2. Stable income and employment of clergy, 3. Protection of rights.
More recently Pastor Bonis need for better distribution of clergy. Bishops must have awareness of the needs of the church worldwide. The rights of the faithful are rarely mentioned in discussions of distribution of clergy. Eastern code is very similar but there is a bit on courtesy between bishops.
Future: Clerical mobility and stability are changing. The people of God have a right to ministry. The concepts of discipline of the 1917 are being raised up because of the sex abuse problem. The policies on incardination are geared not to facilitating the move, but to prohibiting the move. Married clergy - how would this effect incardination. New ecclesial movements may draw clergy across diocesan lines. Is there a future for the diocesan structure (canon 369). How does this effect the development of lay ministries? John Paul II said: Seek other solutions to the shortage. Deacons are under the incardination system. But especially married deacons with other employment may have to choose between his bonds: employer, family, church.
Canon 265 Every cleric incardinated. Transient clerics disallowed. Clergy must be examined - will they be useful to the pastoral care of the faithful. Usefulness should not be linked to the clergy shortage. Ordination of numbers is not the best. The faithful should be given the benefit of the doubt - they should be well served. Incardination for provision of 1. pastoral service for people, 2. livelihood for clergy, 3. labor force for leaders.
Canon 266 Original Incardination Diaconate is the doorway to incardination.
Canon 267 Transcardination by Formal Process Derived or subsequent incardination. Letter of excardination takes effect when the incardination is effective. Letters must be signed by the bishops themselves. Many dioceses are demanding probation, increased documentation, etc.
Canon 268 Automatic Incardination Time based. Legitimately moves to another diocese for 5 years and makes known his intention to incardinate. If neither objects in four months after notification, incardination is automatic.
Canon 269 Requirements 1) necessity and advantage of receiving church and ability to support, 2) bishop assured of qualities, life and education of cleric, 3) cleric writes desire to transfer.
Canon 270 Excardination Excardination only for a just reason: advantage of the church or good of the cleric. Refusal only for grave reasons. Recourse can be had.
Canon 271 Temporary Moves and Rights Detailed agreements should be entered into regarding clerics on temporary service.
Canon 272 Administrator Diocesan Admin can't excardinate or incardinate till the see has been vacant for more than a year, and the college of consultors has consented.
Chapter III: Obligations and Rights of Clerics.
Canon 273 Respect and Obedience Respect and obedience to the Pope and their bishop
Canon 274 Cleric = Power §1 Power of order or the power of ecclesiastical governance restricted. §2 Clerics to do job bishop gives them.
Canon 275 Unity §1 Clerics united in cooperation, prayer and cooperation. §2 To promote the mission of laity.
Canon 276 Holiness §1 To seek holiness. §2 Through: 1) pastoral ministry; 2) spiritual life, Word and Eucharist; 3) liturgy of the hours daily; 4) spiritual retreats; 5) regular mental prayer, penance, etc.
Canon 277 Celibacy §1 Perfect and perpetual continence for the sake of the Kingdom of heaven. §2 Prudence required. §3 Bishop can make norms.
Canon 278 Right of Association §1 The secular clergy have the right of association. §2 To esteem recognized associations. §3 Avoid associatiations whose purpose or activity cannot be reconciled with the clerical state.
Canon 279 Education §1 Studies should continue, but avoid profane novelties and pseudo science. §2 Priests are to attend pastoral courses, etc. §3 They are also to seek a knowledge of other sciences.
Canon 280 Common Life Recommended
Canon 281 Remuneration §1 Clerics to get a just remuneration. §2 Social welfare and insurance. §3 Married deacons in full time ministry to be remunerated.
Canon 282 Simplicity §1 Clerics are to life simply. §2 Can use excess goods for charitable works.
Canon 283 Residence §1 Not to be long absent from the diocese without the at least presumed permission of their proper Ordinary. §2 They may take a rightful and sufficient holiday every year.
Canon 284 Dress Clerics are to wear suitable ecclesiastical dress.
Canon 285 Unbecoming §1 Clerics are to shun completely everything that is unbecoming to their state. §2 Avoid whatever is foreign to their state. §3 Not assume public office. §4 Not administer goods of others or act as surety.
Canon 286 Business Commerse or trade forbidden without permission.
Canon 287 Peace and Justice §1 Clerics are always to do their utmost to foster among people peace and harmony based on justice. §2 No political parties or trade unions except to protect the Church or common good.
Canon 288 Deacons Permanent deacons are not bound by dress, or prohibitions on public office, business and political activity.
Canon 289 Military §1 Not to volunteer. §2 Take advantage of exemptions.
Chapter IV: Loss of the Clerical State.
Canon 290 Modes Ordination never becomes invalid. Clerical state is lost by: 1) Annullment of ordination; 2) penalty of dismissal; 3) by a rescript of the Apostolic See for gravest reasons.
Canon 291 Celibacy Obligation of celibacy dispensed separately by pope.
Canon 292 Effect Former cleric looses rights and obligations, offices, etc.
Canon 293 Renewal Only Rome can reinstate.
Title IV: Personal Prelatures.
(Cann. 294 - 297)
Canon 294 Personal prelatures may be established by the Apostolic See after consultation with the Episcopal Conferences concerned. There are priests and deacons; to promote an appropriate distribution of priests, or special enterprise. Only one example: Opus Dei: founded by Josemaria Escriva 1928. Its mission is to spread the message that work and the circumstances of everyday life are occasions for growing closer to God, for serving others, and for improving society. Sanctification of ordinary life. Approved as personal prelature 1982 by JPII. Ap. const "Ut Sit" plus accompanying Statutes (c. 295) make clear full membership of priests and laity (c. 296). Some celibate members (Numeraries and Associates); most however are married (Supernumeraries). Statutes prescribe cooperation with diocesan Bishop (c. 297). Arrieta and others: Personal jurisdiction of Prelate: Opus Dei is a "complementary" structure, like Military Ordinariates, in which the members remain members of the diocese in which they have domicile.
Canon 295 §1 Governed by statutes laid down by the Apostolic See. Prelate presides as proper Ordinary with right to a seminary & incardination. §2 The Prelate provides spiritual formation and support for ordained. Pamplona / Santa Croce.
Canon 296 Lay people can dedicate themselves by agreement as defined in statutes.
Canon 297 The statutes define the relationships with local ordinaries where they act.
Title V: Associations of Christ's Faithful
(Cann. 298 - 329)
Attempt to use this form for disestablishing sponsorship by religious communities. Belgian bishops wanted one overarching association. Neither worked, so hospitals became private institutions. Christifideles laici of John Paul II established five 'criteria of ecclesiality' for lay associations: * The primacy given to the call of every Christian to holiness, as it is manifested "in the fruits of grace which the spirit produces in the faithful"[109] and in a growth towards the fullness of Christian life and the perfection of charity.[110] * The responsibility of professing the Catholic faith, embracing and proclaiming the truth about Christ, the Church and humanity, in obedience to the Church's Magisterium as the Church interprets it. For this reason every association of the lay faithful must be a forum where the faith is proclaimed as well as taught in its total content. * The witness to a strong and authentic communion in filial relationship to the Pope, in total adherence to the belief that he is the perpetual and visible centre of unity of the universal Church,[112] and with the local Bishop, "the visible principle and foundation of unity"[113] in the particular Church, and in "mutual esteem for all forms of the Church's apostolate."[114] * Conformity to and participation in the Church's apostolic goals, that is, "the evangelization and sanctification of humanity and the Christian formation of people's conscience, so as to enable them to infuse the spirit of the Gospel into the various communities and spheres of life."[115] * A commitment to a presence in human society, which in light of the Church's social doctrine, places it at the service of the total dignity of the person.
Three types of assns: Public Assn always JP; Private Assn with or without JP; Defacto Assn. Examples
Chapter I: Common Norms.
Canon 298 Definition and Purposes. Groupings of Catholics can gather in associations. Special encouragement for approved, erected, commended associations. These gatherings may be de facto, private or public.
Global list, less the exceptions in 301
Canon 299 Private Associations. §1 Association may be by private agreement. §2 They retain their private character even if recognized by the church. §3 To be recognized as Catholic, the statutes must be reviewed. Doesn't entail legal personality
Canon 300 "Catholic." Can't be called Catholic without consent of competent ecclesiastical authority.
Canon 301 Public Association. Public association required 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. Erection of public associations is reserved to the competent ecclesiastical authority. type of assn for office of sanctificandi or docendi, but not regendi. Winfried Aymans: 3 ways of having public assn: free initiative of church authorities, transformation of a private assn into a public one.
Canon 302 Clerical Associations. To be clerical an association must be: under the clergy, presume sacred orders and be recognized by competent ecclesiastical authority.
Canon 303 Associates. Associations sharing the spirit of a religious order may be called third orders.
Canon 304 Statutes. Statutes contain: goal, seat, governance and the conditions of membership, manner of action. These must be approved by the church authorities for public or private association status.
Canon 305 Oversight. Vigilance of competent ecclesiastical authority is required. Less than directiore altioris. This is more about legal possibility for a canonical assn.
Canon 306 Conditions of membership. Valid reception by association according to statutes is required.
Canon 307 Admission. Reception of members is according to norm of law, and one can be in more than one association; religious must have permission of legitimate superior. There is not a paragraph on non-Catholics. If you look to the context of the code, it seems they are not allowed. A former paragraph four that was eliminated without comment in the final revision in 1983 specifically allowed non-catholic members. See also 316 for public assns.
Canon 308 Dismissal. Dismissal of a member must be for a just cause, according to law and statutes.
Canon 309 Governance. Associations have a right to meet, select leaders and representatives and administer their goods.
Canon 310 De Facto Associations. Private associations which are not juridic persons can jointly act in the church. De facto associations cannot be the subject of rights and duties. Their goods are not ecclesiastical goods.
Canon 311 Associations of Religious Institutes. Associations under religious institutes are to cooperate with apostolates in the diocese where they are.
Chapter II: Public Associations of Christ's Faithful.
English Latin
Canon 312 Establishment. §1 Authority to establish public associations is Holy See for universal, Episcopal Conference for their territory, diocesan Bishop for the diocese (but not the diocesan administrator. §2 Written permission from the bishop is required to establish a branch of the association in his diocese. also canon 116 - is approbation constituitive or does it merely confirm the existence of an assn. Morrissey says you might take the establishment slowly and only eventually become a canonical assn or pjp. Approving authorith can't change it.
Canon 313 Juridic Person. Public associations are Juridic persons acting in the name of the church, so they can only be erected by the competent authorities. This cannot be changed by the association's statutes. Authorities control them to the extent that they are public, but not very much associations. Opposition of civil law freedom and control by the church make it almost impossible for the civil structure to work. The decree erecting the association also establishes the juridic person. 'acting in name of church' more like an administrative body. Luis Navarro Marfa: church guarantees character, then must have control.
Canon 314 Statutes. Statutes must be approved. See also canon 117.
Canon 315 Private initiative. Public associations can, on their own initiative, undertake projects, but under the higher direction of the ecclesiastical authority. But this doesn't including a voting or veto right of the bishop. Direct intervention is not expected. sub altiore tamen directione auctoritatis ecclesiasticae. But according to AA of VCII, this is less than governance. So it is Secondary and indirect (can't intervene, but put pressure) oversight.
Canon 316 Membership. §1 various excommunicates and public rejectors of catholic faith can't be validly admitted as members, or §2 must be warned then dismissed if current members become excommunicates. Who can be a member? 1) Only Catholics, 2) Catholics and other Christians, 3) all human beings.
Meyers: Only Catholics can be members because it is acting in the name of the church. Also, Canon 11: the code and this canon only applies to Catholics. Canon 298.1 envisions clerics and lay persons i.e. Christ’s faithful as members of the associations. History of the redaction of the code - often that is quite minimist. 1977 schema was very liberal: explicitly said non-Catholics could be included unless the competent authority had certain good reasons to be opposed to them. 1980 schema 681.4 said non-catholic Christians cannot be members of public associations and cannot be members of private associations unless exceptions are made by the competent authority and as long there is no danger for scandal. 1982 same as 1980. 1983, without explanation, the 4th paragraph saying no for public associations and no-unless for private associations. Elimination was probably because it was not necessary, going to the argument that the code is only for Catholics. If this is true, then the elimination of the 4th paragraph is an elimination of the only allowance for non-Catholics. However, there is effect on the actions of the association. So unless the bishop protests, there is acta contra legem, but no real effect. Also Eastern Catholics are not mentioned. Canons against rights are interpreted strictly.
Publicly reject the catholic faith: 1) heretic, schimatics or apostates. Rejection must be public: this is used nowhere else in the code. Canon 751: Pertinax + Public (continuous and open - like adverse possession).
Defection from ecclesiastical communion: doesn't exclude sinners. The formal intention to be out of communion is required. It must be positive and incontrovertable. E.g. divorced and remarried can't receive communion but this doesn't exclude from public associations. This is quite liberal. No where else in the code.
Canon 317 Moderator. §1 Statutes can appoint the moderator, if it doesn't the bishop can confirm or appoint. The chaplain, if any, is appointed by the bishop. (Moderator is a term that shouldn't be conferred on lay people according to another instruction. But still there are no sanctions.) §2 Religious institutes associations outside the institute are possible. But if in the institute, nomination or confirmation of the moderator and chaplain pertains to the superior of the institute. §3 in non-clerical associations, lay persons can be moderators. §4 Political leaders can't be moderators in public associations for exercise of the apostolate.
Canon 318 Crisis. Bishop can appoint a commissioner to direct the association in his name for the time being. External crisis manager, need not even be related to the association. This is impossible to implement in civil law, though you could write in a golden chair with SOME veto rights.
Canon 319 Temporal Goods. Fair amount of freedom in the actions, but there is also accounting required. Goods are considered ecclesiastical goods: book five, unless stipulated in statutes.
Canon 320 Dissolution. Inactivity or active dissolution by the one who erected.
Chapter III: Private Associations of Christ's Faithful.
More a true association. They can request legal personality. This is active only in the church. Membership is in principle the same as for public associations.
Canon 321 Statutes Lay leadership according to statutes.
Canon 322 Juridic Personality §1 Private associations acquire juridical personality by a formal decree (see canon 312). §2 Statutes approved (see canon 312 §1). Still a private Association.
Canon 323 Autonomy §1 Autonomy in accordance with can. 321, subject to ecclesiastical authority, see canon 305, supervision and governance. §2 Ecclesiastical authority to respect autonomy, vigilance for no dissipation and the common good.
Canon 324 Moderator §1 Can freely designate a moderator and officers. §2 Spiritual counsellor can be chosen freely, if a priest, it requires the confirmation of the local Ordinary.
Canon 325 Goods §1 Can freely administer any goods it possesses, according to the provisions of the statutes, authority can ensure they are used for associations goal. §2 In accordance with can. 1301, Subject to the authority of the local Ordinary for goods donated for pious purposes.
Canon 326 Winding up §1 It ceases to exist according to the statutes. There is one possibility of intervention by external authorities who can suppress in case of grave scandal. §2 Goods distributed according to statutes, protecting acquired rights and to the wishes of donors. Opportuneness is not at issue, it is only scandal.
Chapter IV: Special Norms for Lay Associations.

Canon 327 Lay members of Christ’s faithful are to hold in high esteem associations established for the spiritual purposes mentioned in can. 298. They should especially esteem those associations whose aim is to animate the temporal order with the christian spirit, and thus greatly foster an intimate union between faith and life.
Canon 328 Collaboration Associations to collaborate.
Canon 329 Formation Moderators / associations to ensure formation for apostolate. | Public Juridic Person | Private Juridic Person | Public Association | Private Association | Established by | law or decree | decree | Pope / bishop | people | Property | Ecclesiastical | private | Ecclesiastical | private | Statutes | approved | recognized | approved | reviewed | Leader | by law or statute | as by statute | Confirm / appoint | freely chosen | Trustee | | | Bishop appts | | In Nomine Ecc | yes | -with consent | yes | -with consent | Juridic Pers. | yes | yes | yes | no | Dissolution | goods to superior JP | > statutes | JP | > statutes |
Part II: Hierarchical Constitution of the Church
Section I: Supreme Authority of the Church.
(Cann. 330 - 367)
Canon 335 If the see of Rome is vacant or impeded, special law provides. But the special law is not known or promulgated. All the diacastries and departments work, but no document needing the pope's signature can be published. Any vacant sees will remain vacant because the pope sees to this personally.
Hypothesis - there is a special law not yet published, but promulgated only to the hands of a few who are charged to carry it out.
Hypothesis - if there is no law, follow canons 412 and following. In the law of the vacant see of Rome. Cardinal VG of Rome remains in office even when the see is vacant.
Chapter I: Roman Pontiff and College of Bishops
Maximus is a pagan title of Caesars. Roman Pontiff is the pope.
Article 1: Roman Pontiff.
Article 2: College of Bishops.
Chapter II: Synod of Bishops.
Chapter III: Cardinals of the Holy Roman Church.
Chapter IV: Roman Curia.
Chapter V: Papal Legates.
Section II: Particular Churches and Their Groupings.
Title I: Particular Churches and the Authority
(Cann. 368 - 430)
Chapter I: Particular Churches.
SC 33 2/99, 349-397: T. J. Green: Diocesan and Parish Structures: A Comparison of Selected Canons in the Codex iuris canonici and Codex canonum Ecclesiarum orientalium. (Article)
First section: local/particular Church – particular churches and their groupings, in section II of part II of book II. Start with canon 368 - ‘Groupings’ should be translated more as ‘assemblies’ or ‘meetings’, ‘where local churches meet’. - A particular church is the basic unit of pastoral organization in the Church. - Chapter 1 defines ‘particular church’ and gives the different categories – canons 368-374. This section is expanded from only 3 canons in the 1917 code. LG 23 presented the Church founded by Christ as a communion of sacred communities around their pastors. Communionis notio (7-9) sees The universal and particular levels of the church are interrelated and complementary. CCEO uses particular church for a church sui iuris. Arrieta sees the term particular church to be primarily theological without distinct juridic content, whereas the term diocese or prelature has precise juridical meaning which corresponds to the theological term. The term as used in CIC is used to refer to these more juridical concepts. Particular church is pastor + people + presbyterate. He prefers communiatrian ecclesiastical circumscription - distinct from structural ecclesiastical circumscriptions, e.g. synods and episcopal conferences. Hierarchical nature is posited on baptism and ordination. 1) Ordinary Territorial churches dependent on the congregation of bishops: diocese, territorial prelature and territorial abbacy; 2) Mission territories dependent on C. evangelization of peoples: mission dioceses, vicariates apostolic and prefectures apostolic. 3) personal ordinariates: personal diocese and prelatures, military dioceses and ordinaries for eastern rite.
Canon 368 Particular Churches Ecclesia Particolaris - Particular Churches and their groupings. Authority was established in these churches. Here we find the definition of a particular church and the different categories. This text is taken (basically) from Lumen Gentium 13, 23.
There are 3,000 local churches. Vatican II discussed the difference between local and universal churches – is the local church just a division of the universal church. Msgr Phillips (from Leuven) said that local churches form together the universal church, but at the same time the universal church is realized in a local church. Came up with the phrase “in which and from which” which was included in the canon: in quips et ex quibus.
The universal church is present in many corners of the world. This shows a relation between the two. There are different categories and models of particular churches which take their type as 'particular church' from the diocese. The primary example is that of the Diocese; when the code uses particular church, it means all types, unless otherwise evident. Their head is a local ordinary, who may not be a bishop. They are called the vicar, prefect, administrator, prelate or abbot. Each of these particular churches has a territory and the full care of souls.
DIOCESE: 1) Territorial Prelature, 2) Territorial Abbacy, 3) Apostolic Vicariate, 4) Apostolic Prefecture, Apostolic Administration – Military Diocese. 5) and an apostolic administration erected in a stable manner. Military Diocese - describe 4/21/86 by John Paul II in Spirituali militum curae didn't exist then the code was being written. The military Diocese is not territorial but is a personal Diocese. Now world-wide there are 35 military Dioceses. If you are in the Army you belong to that Diocese but at the same time you also belong to the Diocese of your place of residence back home. This means you can observe the rules of both and choose to marry in either; this is not without problems of coordination.
Opus Dei is neither a Diocese nor Ecclesia Particolaris, it is a Prelatura personalis and is not mentioned in the canon.
There are two categories of Bishops: 1) Diocesan Bishops with their portio populi Dei, 2) and Titular Bishops who are ordained but have the title of an old Diocese which no longer exists. They therefore have no people or congregation which kind of makes them shepherds without sheep. They have another function within the church.
Careful! A grouping of clergy is not a diocese – with no lay people. Also, Opus Dei, a collection of clergy and laity, is not a diocese.
Arrieta: mutual interiority of the universal and local churches is reflected in the exercise of power in the local church which is never exclusive of the power of the universal church.
Canon 369 Diocese Defined Contains a theological definition of a Diocese from Christus Dominus 11 A Diocese is a portio populi Dei entrusted to a bishop, with cooperation of presbyterium. The size of a portion is not defined. Membership is defined by Rome, according to territory (canon 372). For a diocese, you need 1) a community of people, and 2) a bishop with a group of priests. Territoriality is not present in this definition, though it may be assumed in the term portio. * The priests don’t appoint the bishop (currently); the bishop has no mandate from the priests, but from the Holy See. * Two essential activities: preaching the Gospel and celebrating the Eucharist. * Note, not “Roman Catholic Church”, but “Church of Christ”. * When you have such a community under the Holy Spirit then you have a local realization of the church of Christ. Christi Ecclesia. The will of Christ is realized. * Distinguish other circumscriptions a) without a coetus fidelium would be a missionary structure, or personal prelature; b) they are not lead by a bishop, or are lead vicariously: prefecture, vicariate, apostolic administration; c) some have no 'indigenous clergy, but depend on others. In the diocese, the bishop acts in his own name.
The diocese is the classical and most usual form of the particular church. We have world-wide 2,800 Dioceses. About 2,150 are ordinary ones. About 550 are metropolitan. About 75 Arch-Dioceses where there is an Archbishop i.e. Luxembourg, Monaco (but not in the context of a province or a metropolis.)
Canon 370 Territorial Prelature or Abbacy A territorial prelature or territorial abbacy is a territorially defined portio whose care is entrusted to some prelate or abbot who governs it as its proper pastor.
There are about 50 territorial prelatures worldwide. Most are the particular church in Latin American countries. Many are connected to Benedictine monasteries, that started off as part of a diocese, and then in the course of history were taken out of the diocese and considered as a ‘mini-diocese’. If recognized by Rome, the abbot becomes like the bishop. But they cannot ordain. 12-15 tetrritorial abbacies: e.g. Monte Casino, Italy; in Switzerland, St.Moritz ; also, St Paul outside the Walls in Rome. Special circumstances gave rise to the pastoral need for territorial prelature - the prelate is generally ordained a bishop and many structures are similar to a diocese.
Decree in 1976 said no more territorial abbeys can be formed, and those in existence should be moved to other jurisdictional forms, in practice, incorporated into the surrounding diocese. Generally, abbots won't be made bishops. Also, those with less than three parishes will no longer be territorial prelatures or abbacies.
Canon 371 Apostolic Vicariate §1 (Diocese wannabe) 200 years ago when Catholics went to Africa the people there were defined by the Holy See and given to congregations such as the Dominicans and the Franciscans. Such congregations were governed in the name of the Apostolic See. When locals were baptized, the responsible Priest of the group of missionaries was elected by the Pope as the Apostolic Prefect. He was responsible for the new territory and governed in the name of the Apostolic See. Power is vicarious, not ordinary.
When the population grew there the status of that territorium could be upgraded to an Apostolic Vicariate. So the responsible person then was known as a Vicar. The final upgrade possible (a full one) would make it a Diocese. When this happened, the vicar could be ordained Bishop or failing that be replaced by a Bishop. This person would govern in the name of the pope. There is also a mission sui iuris entrusted to a missionary community. Vicariates apostolic originated in the 17th C as a way for the holy see to avoid the patronage of Portugal and Spain in setting up missionary territories. Both are usually entrusted to a religious order and the superior general presents candidates for leadership. Power is vicarious, so they aren't suffragans, and their principle church is called a pro-cathedral; however, they participate in bishops conferences.
§2 Apostolic Administration is not yet a full Diocese. Apostolic Administration governs in the name of the Pope. This happened just after WWII in East Germany. They were there for a limited time. After unification these members were then reunited with the church and then full Bishops were appointed. These are generally done because particular circumstances prevent the operation of a diocese, e.g. when National lines are redrawn and divide the diocese.
Canon 372 Territoriality Particular churches are defined territorially. Domicile illustrates the principle of territoria. Exception – in theory, in Belgium, we could invent a personal Diocese for all the people whose mother tongue is Italian. Rome has for example created Dioceses for Eastern Catholics in other European countries and in Canada - the bishop is effectually bi-ritual and can establish parishes, etc. If the pastoral care of a particular group of people cannot be guaranteed by the territorial bishop, this would be reason for setting up a personal diocese. At the same time, Rome doesn’t like to have too many bishops in the same territory - it creates logistic problems for pastoral coordination. (Immigrants?) Most scholars agree that while territoriality is a traditional and handy way to designate a particular church, it is not constitutive. Vatican 2 sought to accentuate the communitarian dimension of the church.
Canon 373 Erection of a Diocese Erection of a particular church is only possible for the Holy See for the Latin Church. By law, the diocese has juridic personality. The Holy See is also a juridic person. Congregation for Bishops and the Congregation for the Evangelization of Peoples are competent to establish new dioceses. They do so in dialog with the secretary of state - so civil issues may be respected.
Canon 374 Parishes and Groupings A Bishop must organize the whole of his Diocese into parishes. The Bishop may but need not join parishes into groups. Parishes are essential. An episcopal vicar (who is an ordinary) or a vicar forane (who isn't an ordinary) can be over a local grouping of parishes. Federations of parishes, deaneries help parishes work more together. Some places allow that the coordinator need not be a priest. If this is done, it must be done very clearly so there are no conflicts. e.g. in one diocese a bishop promoted federations, but didn't give any guidance. This can be also a first step to uniting parishes in the future.
Chapter II: Bishops
Article 1: Bishops in General
English Latin
Canon 375 Munus of Bishops *§1 Bishops are 1. teachers of doctrine - define and transmit truths, 2. the priests of sacred worship - liturgy, sacraments and other worship and 3. the ministers of governance. Apostolic succession of bishop is said to be divinely instituted. Language of the canon is from Lumen Gentium 20. Munera: teaching, ruling, sanctifying. * §2 Teaching and governing MUST be exercised in hierarchical communion. Like priests - they can always do worship / sacraments, but teaching or governing is done by canonical mission. Selection of bishops is therefore quite important. So there is sacramental ordination and canonical mission.
Canon 376 Diocesan and Titular Bishops There are diocesan bishops and titular bishops. All are ordained by at least three bishops. Duties and rights of bishops: ordaining priests and deacons; bishop always get a munus, for 2800 it is to govern a diocese. Installation of bishop is possessio canonica. Other functions of bishops are curia, pontifical diplomacy, auxiliary bishop. These get the title of a diocese that no longer exists, otherwise you have ordinatio absoluta. First 600 years all bishops had a diocese. On coming of Islam to northern Africa, many dioceses had to flee - bishops also fled. They began to help where they were as 'auxiliaries'. So then when they died, the local bishops wanted the help. The new bishops got the title of the old sees. There are about 2000 titular sees. About 1000 titular bishops. 700 retired bishops keep the title of their former diocese. Most of the titulars are auxiliaries.
Canon 377 Appointment of Bishops *377 §1 In the Latin Church the Supreme Pontiff freely 1. appoints Bishops or 2. confirms those lawfully elected. —E.g. In Lugano, the pope agreed to only select priests of Lugano for the bishop. Also Basil. 1987 Cologne in Germany - three names to be sent from Rome, but before that they sent 10-12 names - Rome sent back 3 names, and Rome didn't take any of them. Canons wouldn't vote for them. Rome changed the procedure to allow a relative majority of the vote - 6 canons agreed to vote for one of the Roman candidates 10 agreed to abstain. This made a relative majority. There is collaboration in the best case scenario. China had some collaboration on bishops, but the pope said no more - Beijing acquiesced in the pre-Olympics era, but it's not clear what will happen in the coming years - this is a key issue in development of diplomatic relations. The East elects their bishops. * 377 §2 At least every three years, ecclesiastical province sends a list (in secret) of suitable candidates to the Apostolic See. This is without prejudice to the right of every Bishop to submit names. * 377 §3 On vacancy (by death, resignation, transfer or privation) generally the nuncio prepares a list of 3 names (called the terna) which must be discussed by the bishops of the province and there must also be the opinion of 1. President of the Episcopal Conference, 2. some members of college of consultors and 3. the cathedral chapter. He may also seek individual opinions of other clerics, and of lay persons of outstanding wisdom. He is then to send these suggestions, together with his own opinion, to the Apostolic See.
The congregation for bishops discuss and presents their recommendation to the pope. The result is communicated to nuncio who asks the priest. Before there was little time for reflection and no consultation could be made. Now there are 10 days and some secret consultation can be made. If yes, it is announced simultaneously in Rome and the local church. If no, he has to write to the pope explaining. Diocese may be vacant 5-6 months. * 377 §4 To get an auxiliary, a bishop sends 3 names to Rome. Rome can say no, choose from the list, or not. * 377 §5 For the future, no more rights for episcopal appointment will go to civil authorities. Sometimes allowed for military bishops. Sometimes, only nationals can be appointed. In some concordats, there is provision for unofficial communication of the bishop to be appointed to the government to see if they have a political objection. Also China may get some rights.
Canon 378 Qualifications of Bishops *378 §1 Candidates must: 1. be outstanding in strong faith, good morals, piety, zeal for souls, wisdom, prudence and human virtues, and have particular gifts for the place; E.g. bi-lingual, bi-cultural. 2. be held in good esteem; 3. be at least 35 years old; (but generally 45-55) 4. be a priest at least five years; 5. advanced pontifical degree. No remedy if these aren't followed. * 378 §2 Final judgment rests with the Apostolic See. Diocese doesn't have a right to a local bishop. Local bishop has advantages has knowledge and history but also baggage, outsider has no history, no baggage. Seems that appointments of Metropolitan sees veteran bishops are appointed, but for suffragan sees priests may be appointed. Exceptionally a see may be vacant for years, there is no limit. There is an administrator but he cannot appoint pastors till the parish is vacant for a year. There is a trend for Rome to ask major Metropolitan bishops to stay on for a number of years.
On offering a resignation, Rome can 1. accept the resignation, 2. ask him to stay on for a time, 3. ask him to be administrator, 4. ask him to stay on till the successor takes office. Canon 401.2 says diocesan bishop who becomes less able to fulfill the office should resign.
Canon 379 Consecration in 3 Months Consecration as bishop within three months and before taking possession of the see. At least 3 should co-consecrate, and only if there is evidence of the pontifical mandate. Without the mandate, both receive latae sententiae excommunication, but the ordination is valid.
Canon 380 Profession of Faith Before possession, a profession of faith and oath of fidelity required (1989 text). Diocesan bishops use the 1972 formula.
Article 2: Diocesan Bishops
English Latin
See Ecclesiae Imago; Pastoral Governance Role of the Diocesan Bishop: Foundations, Scope and Limits. Jurist 49 (1989) 472-506
Canon 381 Power. Omnis competit potestas ordinaria, propria et immediata - ordinary (in virtue of office) , proper (in his own name) and immediate (direct) power required for his office - in the three munera. E.g. Can refuse religious orders in his dioceses. Some powers are reserved to Holy See. Reservatio papalis - theoretically there is no limit to the power of the pope to reserve power to himself. He exercises legislative power personally, executive personally and through delegation and judicial power personally and through delegation to judicial vicars and judges.
§2 Those who are at the head of the other communities of the faithful mentioned in can. 368, are generally equivalent in law to the diocesan Bishop. Power comes from episcopal ordination and is exercised personally, becomes juridical power by means of canonical mission from the supreme authority. Implements principles 4 & 5 of the principles for the revision - 4. less reservation to the supreme authority, 5. subsidiarity. Bishop has relative autonomy - not complete autonomy.
Canon 382 Taking Possession. §1 Can't exercise power in the diocese till he takes possession. But can exercise the former office if it was within the same diocese. §2 Generally, a presbyter to be ordained takes possession of the diocese within 4 months, if he is already a bishop, within two months. §3 Taking possession consists of showing the apostolic letter to the college of consultors and chancellor who records it. §4 Taking possession is recommended to be done in liturgy. In the old code, a bishop elect could already begin to act before his episcopal ordination. Now, no action before canonical possession.
Canon 383 Pastor. §1 Bishop is to exercise pastoral care for all the Christian faithful in diocese, §2 for those of other rites, §3 for other Christians, §4 for the unbaptized. Caparros has a list of documents on those needing special care, e.g. refugees, immigrants, travelers, military.
Canon 384 Relation to Presbyters. He is to have a special concern for the priests: 1. his helpers and counselors, 2. defend their rights 3. ensure their obligations, 4. see that they have the means for their spiritual and intellectual life, 5. ensure their livelihood and social welfare. Before diaconate ordination, there will be an agreement - with sustentationi or without. See Ecclesiae Imago.
Canon 385 Vocations. Foster all vocations - to ministry, consecrated life and especially priestly and missionary life.
Canon 386 Teacher. §1 Bishop is a teacher himself and is to control the ministry of the word §2 protect God's word and acknowledge just freedom in investigating it. Can compare the role of bishop to that of the parish priest. Comes from the Vatican Documents. Bishops not only proclaim, but also in the college define doctrine. He also oversees the teaching in the diocese. See Canon 528 for priests are called to teach, preach and instruct, but the priests don't have an oversight role.
Canon 387 Sanctifier. The bishop must give example of holiness, charity, humility and simplicity of life and promote the holiness of Christ's faithful.
Canon 388 Mass for the People. §1 Mass for the people on Sundays and Holy Days; §2 Must do mass personally, or if impeded, offer through another priest, or on other days; §3 If a bishop has several dioceses, one Mass can be said for all people entrusted to him; §4 obligation must be made up if omitted. Canon 534 gives the same obligation to Pastor for Parish
Canon 389 Eucharistic Presider. Bishop should frequently preside.
Canon 390 Pontificalia. Solemn presiding using ring, staff, miter and pallium only in his diocese, outside his diocese with permission, at least reasonably presumed, of the local bishop.
Canon 391 Government. §1 Bishop has legislative (exercised personally), executive (exercised personally or through vicars general or episcopal vicars) and judicial power (exercised personally or through judicial vicar or judges). As legislator, bishop can make laws, interpret them and dispense, abrogate or derogate from them. Vicars general and Judicial vicars are local ordinaries - ordinary power is associated with the office. Bishop can delegate executive powers to others, e.g. chancellor. Some powers are proper to the bishop and can only be delegated by particular mandate (canon 134.3). Several dioceses may establish a joint tribunal (canon 1423). Bishops don't use legislative power much, often because they don't know how, but they use executive power. They also rarely judge, even though they are first judge (even if they aren't jurists). Bishops have wide power to dispense from universal and particular law - i.e. to relax it for people but they can't dispense from the norms requiring them to protect the rights of the people, procedure, etc. * Canon 529 - the governing of parish is more one of direct pastoral care. Okay with priest parishioner ration of 1:4000, but sometimes there are many times that many. Canon 530 the parish priest is primary minister for sacraments, the only valid minister of marriage - but he can delegate. Canon 532 priest is the juridic representative of parish. * Bishops can lead without exercising juridical power, that power is only a supplement to his advice, exhortation and example. Power now called executive was in the 1917 code called coercive. * Advances in jurisprudence and political science aren't taken up by church, e.g. separation of powers and accountability to constituencies.
Canon 392 Common Discipline. §1 Bishop to promote unity, common discipline and observance of ecclesiastical laws. §2 Formulated negatively - prevent abuses: He should have particular diligence with regard to preaching, sacraments and worship - and administration of goods. But also, custom develops as a sign of the vitality of the faith, and may be against the unity - so the dilemma: is it a sign of faith, or a corruption of it. When the faith is strong, bishops allow a variety of practice to strengthen the unity in diversity.
Canon 393 Juridic Representative. §1 Bishop represents the diocese canonically as a juridic person. Canon 529 - the governing of parish is more one of direct pastoral care. Okay with priest parishioner ration of 1:4000, but sometimes there are many times that many. Parallels for priests / parish. Canon 530 the parish priest is primary minister for sacraments, the only valid minister of marriage - but he can delegate. Canon 352 priest is the juridic representative of parish. The canon is new in the 1983 code.
Canon 394 Fostering Apostolate. §1 The Bishop is to foster various forms of the apostolate; §2 He is to insist on the faithful's obligation to exercise the apostolate. So far the munus, following is personal obligations
Canon 395 Bishop's Residence. §1 Diocesan bishops must reside in their diocese. §2 Can't be absent more than a month, except for ad limina, councils, synod of bishops, Episcopal Conference at which he must be present, or another office lawfully entrusted to him. §3 He can't be absent on Christmas, Holy Week and Easter, Pentecost and Corpus Christi. §4 If he is unlawfully absent for more than six months, the Metropolitan is to notify the Holy See. Bishop need not live at the cathedral. Canon 533 Priests must live - near the church - a parish has three fundamental elements: a community, a pastor and a church. Under the code, Bishop can't oblige priests to live together. * Metropolitans are all Archbishops, but not all Archbishops are Metropolitans, e.g. 75 are not. Metropolitans are number one in the province, but they don't have actual authority. Suffragans are the bishops of the province (Metropolitan's area) who can vote.
Canon 396 Visitation. §1 Bishops is obliged to visit the diocese, at least visiting the entire diocese every five years, personally or through others. §2 Bishop can choose his own clerical companions and assistants for visitation. 5 years timed with report & ad limina. Earlier draft of this canon had more specific tasks associated with the visitation, these were eliminated in the final version. See Ecclesiae Imago 166-170. Caparros interprets strictly, incorporating 1917 norms, as if not completely reordered. Canon 6.
Canon 397 Scope of Visitation. §1 Bishop is to visit persons, catholic institutes, sacred objects and places in the diocese. §2 He can visit religious of pontifical right and their houses only as provided by law. He can however visit apostolic works.
Canon 398 Style of Visit. Visitation should not to cause undue hardship or expense.
Canon 399 Quinquennial Report. §1 Every 5 years the diocesan bishop reports to the Pope. §2 Bishop is exempted if visit is assigned in the first two years of his governance of the diocese. Schema for report is provided by the Congregation for Bishops. Report 6 months before Ad limina; this allows great documentation on local churches. Reports are distributed to the various dicastries according to topic. The bishop meets with the dicastries where there are varying levels of formality. This has become more important and collegial after Vatican 2
Canon 400 Ad limina. §1 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. §3 A Vicar apostolic can satisfy this obligation through a proxy; a Prefect apostolic is not bound.
Canon 401 Retirement. §1 at 75 years, a diocesan bishop is requested to present his resignation. §2 A diocesan bishop who has become less able is earnestly requested to present his resignation. (Canon 411 for other coadjutor and auxiliary) A bishop who is less healthy, or feels less suited to carry out the office, e.g. with conflicts is asked to submit resignation. The 22 Feb 2004 Directory for pastoral ministry of bishops - copies in the reader. Directory is a handbook that collects theological and juridical texts on a topic. As such it is not binding, it is informational, but the law contained there has the value of the source quoted. Responses: 1. Go on without condition 2. Accepts resignation taking effect when your successor takes possession. 3. Accepts but gives a new appointment as diocesan administrator. 4. Accept effective immediately - and the college of consultors must be convened to elect an administrator in 8 days.
Rules for curial officials: 75 for cardinals, 70 for clerics and religious, 65 for laypersons.
Canon 402 Emeritus. §1 A retired Bishop acquires the title 'emeritus' and can generally reside in the diocese. §2 The Episcopal Conference must ensure suitable upkeep of retired bishops, though primary duty is with diocese he served. Till 1970 the retired bishop got a titular see.
Article 3: Coadjutors and Auxiliaries
Coadjutor is appointed successor for a see that is not yet vacant. Without any formalities the coadjutor begins work as soon as the former vacates.
In 1917 code, the bishop served till death, so there was a more complex array of types of bishops to assist if he couldn't function. This section is considerably simplified from that schema.
Canon 403 Appointment. §1 A diocesan bishop can request one or more auxiliaries. §2 An auxiliary with special faculties can be appointed. §3 A coadjutor has special faculties and the right of succession - appointed by the Holy See. Special faculties are given in the letter of appointment - extra responsibilities, generally certain tasks are taken from the bishop and given to auxiliary; e.g. financial problems, an auxiliary can take care of that. Generally the bishop is removed after the problem is taken care of, and goes often to another see. Coadjutor is helpful in difficult political circumstances - you have no vacant see, to time for problems. Coadjutor must be vicar general.
Canon 404 Possession. §1 Coadjutor takes office by showing the apostolic letter to the diocesan bishop and college of consultors in the presence of the chancellor who records. §2 An auxiliary takes office by showing the letter to the diocesan bishop in the presence of the chancellor who records. §3 if the diocesan bishop is completely impeded, the letter is shown to the college of consultors and chancellor.
Canon 405 Scope of Ministry. §1 The coadjutor and auxiliary have the obligations and the rights in canon law and their letters of appointment. §2 They assist the bishop, or take his place when he is absent or impeded.
Canon 406 Vicars. §1 The coadjutor or auxiliary should be appointed vicar general, and to other special mandates. Other auxiliaries should be episcopal vicars. Vicars exercise power vicariously.
Canon 407 Collaboration. Close collaboration mandated. Diocesan bishop should consult coadjutor and auxiliary before others.
Canon 408 Pontificals. §1 Coadjutor and auxiliary should perform pontificals, and §2 diocesan bishop should use them in preference to others for episcopal functions.
Canon 409 Vacancy of See. §1 Coadjutor is appointed successor for a see that is not yet vacant. Without any formalities the coadjutor begins work as soon as the former vacates. § 2 Auxiliary exercises all and only those powers he had under the former bishop.
Canon 410 Residence. Coadjutors and auxiliaries are required to live in the diocese. Shouldn't be absent except for a brief time, or vacation not more than one month.
Canon 411 Resignation. §1 At 75 years, a bishop is requested to present his resignation. §2 A bishop who has become less able is earnestly requested to present his resignation. As in canon 401-402.
Chapter III: Impeded or Vacant See
Article 1: Impeded See
English Latin
Canon 412 Definition The see is impeded if the Bishop can's communication with the see, even by letter because of captivity, banishment, exile or personal incapacity. Not clear who makes the determination. The bishop cannot do his work in the diocese. (Banishment - leave freely, exile sent away). Impediments may be extrinsic, exile, etc or intrinsic, i.e. personal health, etc.
Canon 413 Interim Leader. §1 Coadjutor assumes governance, or else, an auxiliary, vicar general, judicial vicar or another priest. Bishop is to make a succession list and communicate it to the metropolitan and chancellor, and renew it at least every three years. (This is an innovation of the 1983 code.)
§2 If §1 ineffectual, college of consultors selects a priest.
§3 The interim leader communicates impediment and his role to the Holy See as soon as possible.
Canon 414 Status of Interim Leader. Interim leader has the power of a diocesan administrator in Canons 427-429.
Canon 415 Penalized Bishop. In case an ecclesiastical penalty impedes the bishop, the metropolitan informs the Holy See who makes provision. Only the Holy See can impose penalties on a bishop - so presumably this concerns latae sententiae. When a bishop is suspended, his vicars are suspended as well unless they are bishops.
Article 2: Vacant See
English Latin
Canon 416 Definition. A see is vacant when the diocesan bishop 1. dies, 2. resigns, 3. is transferred or 4. deprived of office.
Canon 417 Acts of Vicars. Acts of vicars are valid till they get notice of the vacancy of the see. There are possibilities of abuse or appearance of indiscretion. The vicars act vicariously, so when the bishop's tenure ends, they no longer act (like personal agency or cabinet posts) and their office comes to an end. The administrator can ask the former VG to continue as a delegate of the administrator. A bishop holding an office has power by virtue of episcopal ordination, so he can continue to act.
Canon 418 Transfer. On transfer, a bishop becomes administrator of his current diocese, and the see becomes vacant when he takes canonical possession of the new diocese which must be within 2 months.
Canon 419 Before Administrator. Immediately on vacancy of the see, the senior auxiliary or the college of consultors governs, and designation of a diocesan consultor should be the first order of business. Presbyteral council and pastoral councils cease to function.
Canon 420 Vicariates and Prefectures. Vicars and Prefects appoint pro-vicars and pro-prefects to take over when the see is vacant.
Canon 421 Election of Administrator. §1 College of Consultors elects administrator within 8 days. §2 failing this, the metropolitan provides. — Rome can always intervene before and appoint an administrator. Canons on election: 119.1 and 169-178.
Canon 422 Notification. Auxiliary or college of consultors inform the holy see, the diocesan administrator informs the holy see about his office.
Canon 423 Qualifications. §1 Only one diocesan administrator is allowed; §2 One cannot serve as finance officer and administrator at the same time, but can resign - temporary finance offer is to be elected.
Canon 424 Election. See canons 165-178 on the election of the administrator.
Canon 425 Qualifications. §1 Must be priest at least 35 years old and not already elected, appointed or presented for the same see. This avoids the situation of selection by the diocese being a fait accompli - making it more difficult for Rome to displace one so placed. §2 Outstanding in doctrine and prudence. §3 Metropolitan replaces one ineligible under §1 and his acts are invalid.
Canon 426 Before Administrator. Governor before the administrator has the power of a vicar general.
Canon 427 Powers. Administrator can't approve diocesan associations of the faithful, confer canonry, entrust a parish to a religious order, remove judicial vicar. He can do the following only with the consent of the college of consultors: remove the chancellor or other notaries, issue dimissorial letters for ordination (but not if diocesan bishop refused). Only after see is vacant for a year administrator can decide on excardination / incarnation with the consent of the college of consultors, and can name pastors. General norm is no incardination, but with the consent of the college of consultors, he can invite a bishop in to ordain seminarian - Administrator writes the missorial letter. Also the Administrator can appoint parish administrators. (Note the term administrator is a term of art in canon law - always an interim person in a vacant office.)
Canon 428 Innovations. No innovations allowed during vacancy. Can't change documents.
Administrator must reside in the diocese and say the mass for the people.
Canon 429 Residence. Administrator must reside in the diocese.
Canon 430 Cessation. §1 Administrator ceases when diocesan bishop takes possession; §2 Removal of administrator is for the Holy See. If the administrator is removed, resigns or dies, the college of consultors provides, see canon 421.
Title II: Groupings of Particular Churches.
The section on groupings of churches in the 1917 code was set between papal legates and apostolic vicars. As such it gave the impression of being an administrative unit of the Universal Church. In the 1983 code, it is set in the middle of the discussion of the particular church, thus may be seen more as a collegial body among bishops.
Chapter I: Ecclesiastical Provinces and Regions
English Latin This discusses the purposes, establishment, juridic personality and authority of the Province and Ecclesiastical Region respectively.
Canon 431 Provinces. §1 Neighboring dioceses to be grouped for fostering common pastoral action and relations between bishops. §2 No exemptions. §3 Supreme authority (in practice the pope) establishes, suppresses or alters provinces with consultation of bishops involved. Province has juridic personality de jure.
Note: In Belgium some want two provinces for Flemish, and French. But it is difficult geographically. Daniels has auxes for Flemish in archdiocese and for French in archdiocese and one for Brussels which is bi-lingual. What would you do with Brussels if you put in two provinces? A possible solution could be Flemish province, a French province and a immed. Sogg for Brussels, and keeping one bishop's conference. DeFleurquin says this isn't feasible and doesn't think Rome would either. Bishop of Antwerp is 75 and Cardinal will be 75 in June. So this might mean a turning point of the church in Belgium. Netherlands, 6 + metropolitans. Utrecht is the Metropolitan. And Metropolitan is the president of the conference.
Canon 432 Action. §1 Province council and Metropolitan act for the province. §2 Province has juridic personality de jure.
Canon 433 Ecclesiastical Regions §1 Neighboring provinces can be joined to Ecclesiastical regions in larger countries. Power to erect is given, but not the duty. §2 Regions may have juridic personality. This is new from Christus Dominus.
Canon 434 Powers. The region fosters common pastoral action and relations between bishops - but does not replace the national Bishop's Conference. The Holy See may give it specific powers. Authentic Interpretation Canons 434 e 452
Chapter II: Metropolitans.
English Latin
Canon 435 Office. Bishop of the metropolitan see is metropolitan and fosters hierarchical communion.
Canon 436 Powers. §1 In the suffragan dioceses, the metropolitan 1. Sees to faith and ecclesiastical discipline and reports to Rome. (Wouldn't be all that hard to find fault if he was actually looking. But it is very rare for a metropolitan to interfere - at least publicly). 2. Canonically visits suffragan diocese as approved by Rome. (Rare.) 3. Appoints Diocesan administrator as required in Canons 421.2 and 425.3. (Within 8 days of a vacancy, the college of consulters must elect an administrator, and if they do not, then the metropolitan can intervene and name an administrator. Canon 421/2 and 425/3. This isn't too common since sees don't become vacant every day.)
§2 Holy See can give other functions to the Metropolitan. Sede plena an administrator can even be the metropolitan who takes over a particular part of the governing of a suffragan diocese (e.g. finance) or everything about that diocese if the Holy See asks him.
§3 Metropolitan has no other power, except to celebrate functions in all churches as if he were diocesan bishop. In practice, Metropolitan tribunal often hears appeals of suffragan tribunals. Canon 1438.1. On occasion, a large metropolis may be divided into several dioceses, and the coordination of pastoral activity will be more important, so the metropolitan may have more powers.
See c.396, 397, 398 duties of bishops to make visitation in his diocese. No account of what the bishop has to do during these visits, but buildings and institutions, etc. has to be inspected. Can delegate to a priests only. This is in line with the 5-year ad limina visit to Rome. But remember, this visitation does not apply to religious houses of pontifical right. In practice you might find visitation for specific purpose to the Metropolitan. A couple of years ago an Austrian seminary had a lot of problems and a bishop of a neighboring diocese was asked to undertake the visitation (later he got to be bishop there).
In the old codex there was a canon about the presidencia: c106: A very long canon. Who had the right to come before whom.
Canon 437 Pallium. §1 Metropolitan must request the pallium within 3 months of consecration, or appointment. Pallium signifies power in communion. He must be a consecrated bishop for the trip to Rome to receive the pallium. Pallium: special stole of wool, one circular piece with a piece hanging down the front and a piece hanging down the back. Six crosses: front, back, each shoulder, and on each pendendum. In February the Pope blesses special lambs and the wool from them goes into the pallium. It is typical liturgical dress for an archbishop in his diocese. The pope always wears one when presiding when in the Roman diocese.
§2 It is worn only in the province.
§3 If transferred, he requires a new pallium.
Three steps to becoming a diocesan bishop: 1. consecration; 2. canonical possession - the taking over of the diocese; 3. provisio canonica - the appointment. Don't get confused about these terms in this canon (#2 isn't referred to in this canon). If already a bishop he is transferred from one see to another (even from a titular see). Provisio: Minimum for this canon is that the provisio is made.
There is still the tradition of the old codex. A metropolitan in the old code was the link between pope and suffragans in the province; the guarantee of communication between them; a sort of collaborator with Rome. Now he is seen as part of the grouping of local churches.
Canon 438 Patriarch. In the Latin church, patriarch or primate are merely titles of honor, unless specific privilege or custom provide otherwise. Pope used to be called patriarch of the West. But Benedict decided not to use it any more saying it is confusing; but the Orthodox objected, saying he was making claims as universal patriarch. The title not been significant in the west in the last 200 years. Metropolitan is really just first among equals. For an ecclesiastical region there is no #1 bishop. Bishops generally elect a bishop to be chairman of the gathering.
Chapter III: Particular Councils.
English Latin
Canon 439 National and Province Councils. §1 Meet as agreed by the bishops, and approved by Rome.
Particular councils were very important in the past. A plenary council (Canon 441) is for all the bishops of an episcopal conference. Provincial council (Canon 442) is for just one province. Particular council is the umbrella term. Councils are old as the church. Representatives, bishops, came together in concilium. Even before ecumenical councils, there were already local councils: hundreds of councils before the first millennium. Today we see not too many particular councils, and not the intense activity as in the past, because we now have bishop's conferences and take the place of particular council. A particular council can have bishops, clergy, religious and lay people.
§2 If a province boundaries coincide with national boundaries, then their provincial council is a plenary council and requires the approval of Rome.
Canon 440 Province Councils. §1 Celebrated as often as necessary. §2 Not held when metropolitan see is vacant.
Canon 441 Plenary Council. §1. Conference convenes the plenary council, §2. Chooses a place for it, §3. Elects a diocesan bishop as leader (to be approved by Rome), and 4. Set its agenda.
Note canons c338ff: ecumenical councils: pope calls, presides, suspends, fix agenda, can take out matters, fixes the order of celebration. Etc. For a plenary council, the conference of bishops provides, for a province council, the metropolitan provides. Though many canons require approval or action by Rome, the code doesn't specify who or how.
Canon 442 Province Council. §1 The Metropolitan with the consent of the suffragans 1. Convenes the province council, 2. Chooses a place for it, 3. Set its agenda and §2 the Metropolitan presides.
Canon 443 Membership in Particular Councils. §1 The following have the right to be summoned and have the right to a deliberative vote: 1° diocesan Bishops; 2° coadjutor and auxiliary Bishops; 3° other titular Bishops functioning in the territory. §2 Titulars living in the territory can be summoned with deliberative vote. §3 The following are to be invited to particular councils, but with only a consultative vote: 1° Vicars general and episcopal Vicars; 2° some major Superiors; 3° the rectors of ecclesiastical and catholic universities and deans of theology and canon law; 4° some rectors of major seminaries. §4 Priests and others of Christ’s faithful may also be invited with 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 each is to send two members with consultative vote. §6 Others may be invited as guests.
Canon 444 Attendance. §1 All who are summoned to particular councils must attend. §2 Those with deliberative vote can send a proxy who will have consultative vote.
Canon 445 Legislation. Council is to ensure that the pastoral needs of the people of God in its territory are provided for. It has legislative power. In the old code, province councils had to be organized at least every 20 years, canon 283. Today, there is no indication of how often it must be done, because there bishops' conferences are more active.
Canon 446 Promulgation. Laws of the Council to be sent to the holy see for the recognitio. The council should provide for their promulgation and indicate when they being to oblige.
Chapter IV: Episcopal Conferences.
English Latin Episcopal conferences are new in the 1983 code, though there were groups of bishops working together even at the time of the '17 code, on the national level, just to discuss possible conflicts and relations with the States, so in the context of church/state. French bishops had worked together but occasionally in the 16th to 18th century. Belgium's conference was organized in 1830 after independence and has met regularly since. German bishops met in 1848 in Bayern. Since 1867 have had regular meetings in Fulda and they still meet there twice a year. First Bavarians met together then with the other bishops. 1933 was a real conference - beginning of National Socialism and problems for the church. Likewise in Austria, Switzerland and Brazil.
The Vatican 2 decree Christus Dominus discussed the relationship between bishops and universal church; bishops and particular churches and dioceses; cooperation of bishops; the very specific nature of the bishop's function in the church and the particular church: vicarious Christi in his diocese and this was underlined very early
There were very great bishops in the 1st few centuries. Cyprianus was one of those very strong and autonomous ones but always underlined the communion with the bishop of Rome. Cyrpianus considered the episcopate as just one body, but the body couldn't function without each one having communion with Rome. Stephen I started trying to have jurisdiction. Cyprianus lived in middle of third century and was martyred. He had fled from an earlier persecution - said it was better to have a live bishop at a distance than a dead one on the spot.
At ordination a bishop becomes a member of the college, and receives a double function: for the universal church and for his own diocese. Theologically there are two levels of real jurisdiction in the church: diocese and universal.
The Conference of Bishops is not a true level of jurisdiction or power or government: it is not formally intermediate between the two. Bishops conference is an instrument to fulfill together some aspects of responsibility as a diocesan bishops. Coniunctim exercentium: jointly exercise certain pastoral functions.
The conference cannot override universal law, and can't do anything except by law or by mandatum of the pope. The obligation to work together is limited to practical circumstances. Very few fundamental issues can be taken up by a bishop's conference.
Bishop's conference is only responsible when universal law or papal mandate makes them responsible. US Conference got such a mandate re child sexual abuse. Bishops of the Conference can decide to promulgate the conference norms in every diocese, if the Conference has agreed that something is a good idea. So in effect the conference has acted. Recognitio is not approval: a sort of control - no objection - nihil obstat. If it doesn't get the recognitio it has to be done again and reworked.
Pope Paul VI motu proprio ecclesia sanctae August 6, 1966 - list of norms to make options of the council juridical.
Theological nature of the bishop's conference not developed. In the 70s when the conferences started to work, unexpected problems arose. Interdicasterial commission set up to study the nature of the conference. Salamanca conference, with Angel Anton but it gave no final decision. May 21 1998: Motu proprio: apostulos suos - long Latin text about nature of bishop's conference, introducing at the end four articles (canons) on the doctrinal authority of the bishops conference. Doctrinal documents could only be issued by the general assembly and accepted unanimously by all the bishops in the conference. Or second possibility when 2/3 of the bishops accepted and there was recognition by the HS. Final theological document: it is a practical level of collaboration - not a full intermediate level. And so it's just the same as in the text of the codex. Clear that Rome opposes strong bishop's conferences. And even some bishop's don't like them. Now about 110 worldwide, and there are all kinds, styles, and sizes.
Conferences are also responsible for Canon 320.2: law of associations; Canon 377.2: send possible names to become bishops; Canon 402.2: support retired bishops; Canon 854: baptism; Canon 891: confirmation age; Canon 961/2: absolution; Canon 456: report the plenary to the apostolic see; Canon 457: permanent council sets agenda and Canon 458: general secretariat; stay in contact with neighboring conferences. Sometimes they send observers to each other; Canon 459/2: if neighboring conferences want to act together, then apostolic see must approve. A certain number of international bishop's conferences: conferences of conferences - Some are old, some are new. Different categories. * There are 110 bishop's conferences, Latin rite world-wide. (Annuario 2005: 113 conferences) * There are also 18 eastern right groupings of bishops in a patriarchate or a church sui juris. * Assemblies of bishops conferences on the international level: Europe: 1) Concilium Conferenci of Europe - today the archbishop of Budapest is president - a canon lawyer. 2) Commissio Episcoparum of European union - so every bishops conference of EU countries send a rep to this. Secretary is bishop of Ireland - in Brussels. This is for development of dialog within the EU (top people) and the Catholic Church. 3) CELAM: Latin American conference - staring already in the 1950s. 4) FABC: Conference of Asians Bishops: secretariat in Hong Kong. 5) African Bishops Conference: a meeting for all including Madagascar. But then also French speaking of the east of Africa and English speaking of the west of Africa. 6) Fed of Catholic Bishops conferences of Oceania - secretariat in New Zealand. There are also some sub-groups. Bishops meetings are common from early in the life of the church. In all these above canons on the conferences, there is nothing about the teaching role of the bishops. Apostulos Suos - decided what the doctrinal power of the bishops' conference (unanimous vote or 2/3 + approval of the Holy See). Conferences are quite limited in their magisterial power and their legislative power.
Canon 447 Episcopal Conference. The Episcopal Conference is a permanent institution of the Bishops of a country or territory to promote the greater good which the Church offers to all people. Comes from CD 38.
Books: complementary canons by bishops conferences, 1990 Legislazione delle conferenze episcopali complementare al CIC. Schema canonicum libri II de Populo Dei (1977) and 1980. Still some changes after these dates.
Canon 448 Same Country. §1 Generally bishops conferences are organized by country. §2 Holy See can organize it otherwise. Regions (Canon 434) or international conferences (Canon 459) don't have juridic power, but are for coordination of activities. Generally organized ad experimentum for the first five years.
Canon 449 Establishment. The supreme authority establishes and suppresses conferences which have juridic personality de jure.
Canon 450 Members. All bishops of the territory and diocesan administrators can participate - bishops of other rites may be invited and have consultative vote. There is some flexibility in voting, and allowing others to attend, this is left to the statutes of bishop's conferences.
Canon 451 Statutes. Conferences draw up their own statutes to be reviewed by the Apostolic See.
Canon 452 President. A president and pro-president are required. Auxiliaries and titulars excluded from presidency by authentic interpretation. (An African conference had elected an auxiliary bishop.) Often bishop of head city is elected as president - but the previous Cardinal Archbishop of Paris was never elected. His successor has already been elected.
Canon 453 Annual Meeting. The Conference is to meet at least once a year. Plenary meeting: in small conferences it could be every month (Belgium), but in most of the conferences meet twice a year - generally a spring and fall meeting - but for several days each time. Belgium is one day at a time. For a time it was split by language, but now they are all pretty comfortable in Dutch. (60 years ago in Belgium it was common for each of the bishops to speak only one language.) CD 38.2.
Canon 454 Voting. Diocesan bishops and coadjutors always have deliberative vote, and only they vote on statutes. The conference can establish the nature of the vote of others.
Canon 455 Decrees. §1 Bishops conference can issue general decrees only if the Apostolic See prescribes or mandates. §2 For the force of law, these have to have approval of 2/3 of the deliberative votes and recognitio of the Holy See. (Sometimes one conference can make a norm and get it approved and another one will offer the same norm and get it refused.) §3 Promulgation is determined by the conference. §4 The conference can only act in the name of all bishops only with the consent of each and every bishop.
Authentic Interpretation Bishops conferences can't issues general executory decrees (Canons 31-33)
Canon 456 Minutes. Minutes and any decrees are to be sent to the Apostolic See.
Canon 457 Permanent Committee. Permanent committee is to prepare the agenda and execute decisions of the conference.
Canon 458 General Secretariat. is to prepare an account of the acts of the meeting and communicate it to 1) all the members and 2) the neighboring bishops' conferences. This group can gain be very large and well organized, or less so - some fear it may gain too much autonomy.
Canon 459 Between Conferences. Relations are to be fostered between bishop's conferences, especially neighboring ones, however the Holy See is to be notified if there are actions of an international character.
Title III: Internal Ordering of Particular Churches.
Chapter I: Diocesan Synod.
English Latin (Cann. 460 - 572)
Canon 460 Described. Assembly of priests and other members of Christ's Faithful. It is an extraordinary gathering in the life of a local church. Not a tradition in Belgium. There are specifications for holding a synod in these canons.
Canon 461 Convening. The diocesan bishop convenes as the circumstances suggests. If he is responsible for more than one diocese, he can convene one synod for all dioceses.
Canon 462 Convenor. Only the diocesan bishop can convene, not an interim person. He then presides personally, or can appoint a VG or episcopal vicar.
Canon 463 Members. §1. Obligatory members include 1) coadjutor bishop and auxiliaries, 2) VG, episcopal vicars and JV, 3) cathedral canons, 4) council of priests, 5) lay members, including religious elected by the pastoral council as determined by the bishop, 6) rector of the major seminary of the diocese, 7) vicars forane, 8) one priests (and alternate) from each vicariate forane elected by all those with the care of souls, 9) some superiors of religious institutes elected in the number and manner determined by the bishop. §2. The diocesan bishop can invite others, cleric, religious or lay. §3 Other Christians may be invited.
Canon 464 No Proxy. A member who can't attend, can't send a proxy, but should notify the bishop.
Canon 465 Free Discussion. All questions are to be subject to free discussion of the members.
Canon 466 Legislation. Bishop remains the sole legislator.
Canon 467 Decrees. The bishop is to communicate the text of declarations and decrees to the Metropolitan and to the Bishops' Conference.
Canon 468 Control. The bishop can dissolve or suspend the synod. The synod is automatically suspended when the see is vacant or impeded. The new bishop must then either resume or terminate it.
Chapter II: Diocesan Curia.
English Latin
Canon 469 Curia Defined. Curia is the institutes and persons who assist the bishop in governing the diocese, especially in pastoral action. (CD 27) - Personal collaborators of the bishop.
Canon 470 Free Conferral. Offices are given by free conferral of the bishop - this is clearer in this code than it was in the 1917 code.
Canon 471 Secrecy. Those admitted to an office in the curia must promise fidelity and observe secrecy.
Canon 472 Tribunal. Tribunal is part of the curia, and is governed by Canons 469-472 herein and by Book VII on processes.
Canon 473 Coordination. §1 Bishop is to coordinate curia. §2 Bishop to coordinate pastoral action of Vicars, and may appoint a Moderator of the curia who must be a priest. §3 Generally the VG is moderator. §4 Episcopal council can be established, comprising the Vicars general and episcopal Vicars. Some places this is very active, meeting weekly, but still only consultative. Canons 473 and 474 are new to this code.
Canon 474 Signatures. Juridic acts of the curia have to be signed by the Ordinary and chancellor (who notifies the moderator). Signature of the chancellor is only to validate and ensure proper promulgation, not for validity.
Article 1: Vicars General and Episcopal Vicars
English Latin
Canon 475 Vicar General. §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. Their power is executive only, not legislative or judicial, and is exercised in virtue of the office.
Canon 476 Episcopal Vicars. Vicars can act in specific areas: territorial, material, or personal.
Canon 477 Free Appointment. §1 The bishop can freely appoint and remove his vicars. (Cf Canon 406) If it is not a bishop, they are appointed for a period of time, specified in the act of appointment. §2 If the VG or other vicars are absent, the bishop can appoint another.
Canon 478 Qualifications. They must be priests, at least 30 years old, advanced degree preferred. If the bishop prefers a lay person for a particular role, they just give them a different title. E.g. delegate for religious, director of education. But the Vicar General has to be a priest. Some people appoint an assistant of the Vicar - but de Fleurquin thinks that is inappropriate - they should have the same qualifications.
Canon 479 Power. §1 By office the VG has the same executive power as the bishop - except what is reserved by law or by the bishop. §2 Episcopal vicar has the same power, but only in the area of competence. The canon would seem to give duplicate power to the VG and other vicars, this should be clarified by particular law. §3 Vicars also have the habitual faculties given by the Apostolic See to the bishop.
Canon 480 Reports. The Vicars have to report to the bishops on matters completed and pending.
Canon 481 Expiration. §1 Power expires by end of mandate, resignation or removal, or when the episcopal see falls vacant. §2 Power is suspended when the diocesan bishop is suspended, unless the vicars are bishops.
Article 2: Chancellor, Notaries and Archives.
English Latin
Canon 482 Chancellor. §1 Draws up official documents of the diocese. Ensures documents are correct and properly signed. §2 Chancellor may have an assistant, the Vice Chancellor. §3 They are automatically notaries and secretaries of the curia. 1917 code required chancellor be a priest. No more. In some north American dioceses, the chancellor has wide ranging responsibilities, and they may be of as much or more practical importance than the office of VG.
Canon 483 Notaries. §1 Other notaries permissible. §2 unblemished reputation required, in cases which could involve the reputation of a priest, the notary must be a priest.
Canon 484 Responsibilities. 1. Writing acts and documents; 2. Recording acts and officializing documents; 3. Showing acts and documents to those who lawfully request them and verifying the conformity of copies.
485 Removal. Chancellor and other notaries can be freely removed by the bishop, but by the diocesan administrators only with the consent of the college of consultors.
Canon 486 Archives. §1 All documents to be kept with care. §2 Carefully lock spiritual and temporal documents of the diocese. §3 Inventory documents.
Canon 487 Security and Access. §1 Archive must be locked and only the bishop and chancellor have a key. Access with permission of the bishop or moderator, and chancellor. §2 Persons concerned can have access to public documents and can get verified copies.
Canon 488 No Removal. Documents can't be removed except for a short time with permission.
Canon 489 Secret Archive §1 Bolted and secure place for secret documents. §2 Each year, criminal cases on moral matters are to be destroyed when the guilty have died or ten years have elapsed. A short summary and the text of the definitive judgment are kept.
Canon 490 Only One Key. §1 Only the bishop has a key. §2 Can't be opened when the see is vacant, except in case of real necessity. §3 Documents are not to be removed.
Canon 491 Other Archives. §1 Bishop is to ensure the archives of the churches. There are two inventories, one in the local archive, one at the diocesan archive. §2 Historical archive is to be kept. §3 Diocesan Bishop establishes norms for the archives.
Article 3: Finance Committee and Administrator
English Latin The 1983 code reorganized this section, also in book five, entrusting the technical financial administration to those with appropriate professional competence.
Canon 492 Diocesan Finance Committee. §1. Finance committee must be established and is presided over by the bishop or his delegate with at least three of the faithful, expert in financial affairs and civil law, and of outstanding integrity. §2. Five year term, but may be reappointed. §3. Persons of the 4th degree of consanguinity or affinity with the bishop are excluded from the finance council. Affinity is with the relatives of the spouse - Consanguinity is with blood relatives. They must be consulted for important financial acts. (Canon 1277); their advice is binding on occasion. Presided by bishop or his delegate.
Canon 493 Budget and Accounting. Follow book 5 on temporal administration, also prepare annual budget and accounting.
Canon 494 Financial Administrator. §1 To be appointed by the bishop, consulting college of consultors and finance committee. §2 Appointed for 5 years, not to be removed without consulting college of consultors and finance committee. §3 Administers under the bishop, in accord with plan of the finance committee, makes payments. §4 Give year end accounting.
Chapter III: Council of Priests and College of Consultors.
English Latin
There is an absolute requirement for a Presbyteral Council and college of consultors in a diocese.
Canon 495 Council of Priests. The Presbyteral Council is required for all dioceses. It is advisory, never deliberative, so the bishop is always free. There is no indication of how many priests may or must be on the council, or length of terms but it must be renewed every 5 years. Even the entire presbyterate can be on the council. It should represent the various ministries of priests.
Canon 496 Statutes. The council of priests is to draw up its statutes, including composition and action - the bishop approves.
Canon 497 Selection. About half of the council is elected by the priests themselves. Some are ex officio. The diocesan Bishop can appoint others. The presbyteral council is suspended when the see is vacant. Also the bishop can dissolve and reconstitute the council within one year. Advice should be asked specifically - also the more specific the advice given, the better it is.
Canon 498 Election. §1. Active and Passive vote belongs to 1º all secular priests incardinated in the diocese; 2º secular and religious priests who live and work in the diocese. §2. The statutes may also give the right of election to priests who have a domicile or quasi-domicile in the diocese.
Canon 499 Representation. The voting should provide good representation of regions and ministries in the diocese.
Canon 500 President. §1. The diocesan bishop is president of the presbyteral council. §2. The presbyteral council possesses only a consultative vote, unless consent is required by law. §3. The presbyteral council can't act without the bishop, and bishop handles PR.
Canon 501 Term. §1. Term limits should be provided, whole council should be renewed every five years. §2. When a see is vacant, the presbyteral council ceases and the college of consultors fulfills its functions. Within a year of taking possession, a bishop must establish the presbyteral council anew. §3. The diocesan bishop can dissolve and reconstitute within a year, for cause, after consulting the metropolitan.
Canon 502 College of Consultors. Selected from the presbyteral council 6-12 members appointed by the bishop. It represents the priests of the diocese, it acts in the case of a vacant see and gives consent to the bishop in some specific matters. The college remains till the next is selected.
Chapter IV: Chapter of Canons.
English Latin Many functions of Chapter of Canons in the 1917 code are now entrusted to the council of priests. Holy see establishes, bishop approves statutes.
Canon 503 Chapter of Canons. Not required, but it is traditional in some dioceses. Now it is more related to solemn liturgical functions. Sint Pieters used to have a chapter of canons. Now there are about 10 canons in each cathedral parish in Belgium.
Canon 504 Establishment. The establishment, alteration or suppression of a cathedral chapter is reserved to the Apostolic See.
Canon 505 Statutes. Each is to have its own statutes, established and/or amended by lawful capitular act and approved by the diocesan Bishop.
Canon 506. §1 The statutes determine the nature of the chapter, and number of canons, define worship and ministry, business meetings. §2 Statutes determine remuneration, both salary and stipend and the insignia of the canons.
Canon 507 Officers. §1 There should be a president and other officers. §2 Non-canon clerics can be officers.
Canon 508 Penitentiary. §1 The canon penitentiary has non-delegatible powers to absolve in the sacramental forum from latae sententiae censures which have not been declared and are not reserved to the Holy See. He can absolve anyone in the diocese, and diocesans outside the diocese. §2 If there isn't a chapter, the diocesan Bishop is to appoint a priest to fulfil this office. This second paragraph was added at the last minute.
Canon 509 Appointment. §1 The diocesan bishop alone after consultation with the chapter appoints canons, and confirms the elected president. §2 Only priests of sound doctrine and life and praiseworthy ministry should be appointed.
Canon 510 Separate from Parishes. §1 Parishes are no longer to be united with chapters of canons. Those which are should be separated. §2 A dual function church is to have a parish priest for the parish. Formerly they could be and often were united.
Chapter V: Pastoral Council.
English Latin
Canon 511 Nature of Pastoral Council.
Facultative study group to study the pastoral life in the diocese and to propose solutions - this is not required. Very flexible structure, composed of clerics, members of institutes of consecrated life, and especially lay people. Some places they are not very effective or very well developed. Only at the level of the diocese, not the bishops conference. There is in Belgium an interdiocesan pastoral council for the Flemish region. A free gathering without binding force. This institution was conceived in the council, and gradually developed in the years up to the code. It can be a useful pastoral means to involve the lay faithful and facilitate their call to mission, and provide crucial insight to the clerical folks. It is optional, however, if used, it's recommendations could not be ignored without serious pastoral harm.
Canon 512 Members. §1 Members are Christ's faithful designated by the bishop. §2 Council should truly reflect the entire portion of the people of God, social, professional, apostolic, etc. §3 Members to be outstanding in firm faith, high moral standards and prudence.
Canon 513 Term. §1 The pastoral council is appointed for a determinate period. §2 When the see is vacant, the pastoral council lapses.
Canon 514 Consultative only. §1 The pastoral council has only a consultative vote. Diocesan Bishop alone convenes and presides, and makes public the proceedings. §2 It is to be convened at least once a year.
Chapter VI: Parishes, Parish Priests and Assistant Priests
English Latin
Canon 515 Parish defined. Elements of a parish are 1. certain community of Christ’s faithful 2. a parish priest and 3. a church building (not in the canon). The portio is defined territorially. Except national parishes. Pastor doesn't have power of governance - so the parish is not a mini diocese. Canon 521 says parocho must be presbyter for full cura animarum. In the ancient church, the dioceses were small - every big town; every Sunday the whole local church celebrated liturgy together. As Christianity moved to rural areas, parishes were local outposts of the cathedral church; basically priest represents the bishop in the local parish community, e.g. the bishop sends the priest, the parish doesn't search it's own priest. Priest has local munus docendi et sacrificandi
Canon 516 Parish Establishment Bishop divides the diocese in parishes and sends a representative. Critera for establishment varies by diocese. quasi-paroeciam is a part of a parish with some autonomy.
Canon 517 Priestless Parishes §1 §2. The bishop can suppress a parish, but must seek advice of presbyteral council. Though the code was written without the pressing need for priestless parish, but it is an increasing issue today. Possibilities: 1. 515 §2. The bishop can suppress a parish, but must seek advice of presbyteral council. This is often done with combining of parishes. There may be several churches in the new parish and the parochus is responsible for all the church buildings.
There are three categories of church buildings. The permission of the bishop is required for establishment or desaffectatio of any of these. For a non-parish church, a rector is appointed. * Ecclesia Canon 1214 - ecclesia is sacred building for divine worship. It can be desaffectatio de consecrated. * Oratorium Canon 1223 - place set aside for divine worship of a community or group. * Sacellum Privatum Canon 1226 * 526 §1 Parishes remain autonomous, but the priest is pastor of each of the three. 95% of the time in Belgium this is the solution. The parish remains a community, but for the priest it is hard. It becomes impossible to be effective in each place. In Belgium, the government must provide a house for each parish, court said priest has only right to one house, and an office, waiting room and meeting in the other parishes, also there is 1 1/2 salary. * 520 Give a parish to a religious order for a term of years or a specified time. The order proposes a pastor, the bishop approves; either superior or bishop and terminate the office. PCLT: 2000: Bishop can separate a parish pleno iure from a religious institute. 2009: A bishop can recind a parish from a house of a religious institute but he must always respect acquired rights. Under the 1917 code, the parishes were "Franciscan", etc. They were benefices given to paster. So they were seen to be under the Order. But 1983 code says parish is a community of hte faithful. (515.1). A juridic person can't be pastor (520). Parish can be entrusted to the institute by agreement. But parish doesn't own. Sometimes coming from the past, the Order owned the land. Dio Bishop still establishes, suppresses, appoints, removes, agrees with order. The agreement looks civil, covers civil stuff, but as canonical issue, it won't be enforceable: term, entrustment, process for appt, removal, compensation, liability, dio. policies, dispute resolution, renewal and termination. What about recommentations and endorsements. Religious priests are employees not independent contractors as diocesan priests are. Civil title of property, often belongs to Order, put in a civil lease, often Order has all property in a real estate trust - to protect from liability. Both Bishop and Religious Superior have rights and responsibilities in cases of assignments of priests. Bene placitum * 517 §1 A group of parishes can be entrusted to a group of priest in solidum collegial. Each is full parochus for every parish. On is moderator of the group, but they all work as full pastor in every parish. Priests can organize the work, e.g. one specializes in marriage, or care of the sick, etc. This is not used in Belgium. * 517 §2 A very nuanced text and a complex canon. A participation in the exercise of pastoral care of parish can be entrusted to a deacon or another. But a priest will direct the pastoral care. In the past there was effort for finding fulltime pastors. But not there are lay people willing and able to take up the role and sometimes in full time and sometimes in part time roles. This is also a way of vetting more active vocations. It has to be * Bishop determines lack of priests - as determined by the bishop. * Bishop gives participationem in exercitio curae pastoralis to a non priest. There is no indication as to how far that participatio can go - this allows the local bishop to define the partipatio for his diocese. * Participatio given to deacon to 'another person' not defined either, very broad and open. It can even be given to a personarum communitati. This is a recognized group with a certain structure, e.g. a religious community of women, but it couldn't take a coetus, a team for a particular task, the communitas must be together for some other reason than for just the care of the parish.
The participatio can be for example, administration, reception of newcomers, administration of goods, guarantee quality and continuity of liturgy - inviting a priest, responsibility for ministries of the parish (youth, grieving, etc.) or catechesis. It would be a well defined part of the responsibility of a full pastor. Partial vocation. * Bishop must still appoint a priest moderator who is not a proper pastor, but is limited to direction of pastoral care. There is no obligation of residence, e.g. a chaplain of hospital. In US an episcopal vicar was appointed moderator in all the parishes where they were needed. * Appointment for an office found in Canon 145 - an ecclesiastical office is a stably established function for spiritual purpose. Bishop can establish a new office and establish the rights and duties of that office. Bishop then says - I establish this office, with these rights and duties. Then the bishop appoints for that office. Alternatively, the bishop can state the rights and duties in the letter of appointment for the person in a particular parish. It is better to establish the office then appoint the people, rather than a little chaotic situation with each letter of appointment being different.
15 page document by Dominicans in the Netherlands called "strange and superficial" where some of the real needs are mentioned of priestless parishes, but even this is limited. Then there is an ecclesiological discussion referring to Lumen Gentium, Chapter 1, referring to the people of God. Chapter 2 then discusses offices. From this they deduce that the people of God have to decide. The parish has a right to the Eucharist and can determine who is parish priest and bishop can confirm.
Canon 518 Territoriality Generally parishes are territorial. Other organizations are possible: rite, language, nationality, etc. C: Territory provides situation, limits and coordination, notice and cohesion.
Canon 519 Proper Pastor The pastor (parochus) is the proper pastor (pastor) of the parish entrusted to him, exercising the pastoral care under the bishop, in collaboration with clerics and laity.
Canon 520 Personal §1. A juridic person is not to be a pastor. A diocesan bishop, (not a diocesan administrator), can entrust a parish to a clerical religious institute or clerical society of apostolic life with a pastor or moderator as in canon 517, §1. §2. The entrusting of a parish mentioned in §1 can be made either perpetually or for a specific, predetermined time in writing defining the work, the persons assigned, and the finances. C: writing is for validity.
Canon 521 Suitability. §1. To become a pastor validly, one must be a priest. §2. And must be outstanding in doctrine, morals, zeal and other virtues, and meet requirements of universal and particular law. §3. Suitability to be determined by some means.
Canon 522 Stability. Pastor is to be appointed for an indefinite period of time, unless the Bishop's Conference allows a specific term. Removal Canons 1740-1752.
Canon 523 Free Conferral Bishop freely confers office of pastor unless there is a right of presentation or election. (See canon 682.1).
Canon 524 Inquiry. A diocesan bishop entrusts a parish after weighing circumstances, without any favoritism, hearing the vicar forane, conducting appropriate investigations, and, if it is warranted, hearing priests and laity.
Canon 525 Vacant See. Diocesan Administrator is temporarily: 1º to install or confirm presbyters who have been legitimately presented or elected for a parish; 2º to appoint pastors if the see has been vacant or impeded for a year.
Canon 526 One parish. §1. One pastor one parish. §2. One parish one pastor. But canon acknowledges this isn't possible.
Canon 527 Possession. §1. The person assigned to pastoral care of a parish is bound to exercise it from the moment of taking possession. §2. The local ordinary or a delegate places the pastor in possession according to particular law or legitimate custom unless dispensed. §3. The local ordinary is to prescribe the time within which possession must be taken.
Canon 528 Word and Eucharist. §1. Pastor is to see that the word of God is proclaimed to all. §2. See that the Most Holy Eucharist is the center of the parish, promote prayer and active participation in liturgy. and avoid creeping abuses. C: obligations similar to former legislation, but not well organized here.
Canon 529 Know People. §1. A pastor is to strive to know the faithful entrusted to his care, visit share cares, strengthen, correct, help, especially with sacraments, seek out the poor and lonely, exiles. He is to work for Christian life in the family. §2. A pastor is to promote the lay apostolate, cooperate with the bishop and clergy and working to bring people in union with parish, diocese, and universal Church.
Canon 530 Pastor's Functions The following functions are especially entrusted to a pastor: 1º baptism; 2º confirmation to those who are in danger of death, see canon 883.3; 3º Viaticum and of the anointing of the sick, see canon 1003, §§2 and 3, and the apostolic blessing; 4º marriages and the nuptial blessing; 5º funerals; 6º blessing the baptismal font at Easter processions and blessings outside the church; 7º more solemn Mass on Sundays and holy days of obligation. C: old law said reserved.
Canon 531 Offerings. Offerings received from the Christian faithful go in the parochial account, unless the donor expresses a contrary intent. The diocesan bishop, after having heard the presbyteral council, establishes norms.
Canon 532 Juridic Representative. In all juridic affairs the pastor represents the parish according to the norm of law. He is to take care that the goods of the parish are administered according to the norm of canons 1281–1288. C: Priest is representative of the canonical entity, even if the community of the faithful has other organizations and representatives.
Canon 533 Residence. §1. A pastor is obliged to reside in a rectory near the church. Priests can live in common houses, under certain conditions. §2. Except for grave reasons, one month vacation, and retreat in addition. To be absent more than a week, notify the bishop. §3. Bishop establishes norms for absence.
Canon 534 Mass for the People. §1.Pastor applies a Mass for the people each Sunday and holy day of obligation. §2. Can apply for several parishes. §3. Must be made up if missed.
Canon 535 Registers. §1. Parish has a register for baptisms, marriages, deaths, etc. §2. Baptismal register notes confirmation, marriage, adoption, ordination, profession, change of rite. These notations are always to be noted on a baptismal certificate. §3. Each parish is to have its own seal. §4. Parish is to have an archive for registers and official letters to the parish. §5. Older parochial registers to be carefully preserved. C: like former law, but adds bishop's conference norms.
Canon 536 Pastoral Council. §1. If the diocesan bishop judges it opportune and hearing presbyteral council, a pastoral council is to be established in each parish, pastor presides. §2. A pastoral council is consultative and governed by diocesan norms. C: strongly recommended by Vatican 2, but only permitted here.
Canon 537 Finance Council.
In each parish there is to be a finance council which is governed by universal and diocesan law. The faithful assist the pastor in administration. See canon 532. C: required.
Canon 538 Removal.
§1. Pastor ceases by removal, transfer, resignation, lapse of term (or death). §2. For a religious see canon 682, §2. §3. At 75 pastors are requested to submit resignation, bishop can accept or defer. The diocesan bishop must provide suitable support and housing for a retired pastor. C: Change in legislation and principle of stability.
Canon 539 Administrator.
The diocesan bishop designates a parochial administrator.
Canon 540 Duties and Obligations.
§1. A parochial administrator has the same duties and rights as a pastor unless the diocesan bishop establishes otherwise. §2. A parochial administrator can't prejudice the rights of the pastor or can harm parochial goods. §3. A parochial administrator is to render an account to the new pastor.
Canon 541 Interim.
§1. Till then the senior vicar or neighboring pastor takes care. §2. This person immediately informs the local ordinary about the vacancy.
Canon 542 In Solidum Requirements.
In solidum priests: (See 517, §1): 1º must be qualified canon 521; 2º are appointed or installed canons 522 and 524; 3º obtain pastoral care only from the moment of taking possession (see canon 527, §2); for the other priests, however, a legitimately made profession of faith replaces taking possession.
Canon 543 In Solidum Duties.
§1. Each Priest is obliged to perform the tasks and functions of pastor mentioned in canons 528, 529, and 530 according to the arrangement they establish. All can assist at marriages and dispense, under the direction of the moderator.
§2. 1º. all are bound to residence; 2º. one is to celebrate a Mass for the people; 3º the moderator alone represents in juridic affairs.
Canon 544 Cessation.
When a priest or moderator ceases the parish doesn't become vacant. Bishop appoints a new moderator, senior priest supplies in the interim.
Canon 545 Vicars.
§1.One or more parochial vicars can be associated with the pastor by common counsel and effort with the pastor and under his authority. §2. Many ways of arranging this, even over several parishes.
Canon 546 Requirements.
To be appointed a parochial vicar validly, one must be in the sacred order of the presbyterate.
Canon 547 Appointment.
The diocesan bishop freely appoints a parochial vicar, he may hear the pastor or vicar forane (Canon 682.1 for religious).
Canon 548 Obligations and Rights.
§1. Diocesan statutes, and the letter of the diocesan bishop and mandate of the pastor determine obligations and rights. §2. Generally the vicar assists with whole parish. §3. A parochial vicar reports to the pastor regularly.
Canon 549 Absence.
When pastor is absent, vicar supplies, except mass for the people.
Canon 550 Residence.
§1. A parochial vicar resides in the parish or priest house. §2. The local ordinary is to take care that some manner of common life in the rectory. §3. A parochial vicar possesses the same right as a pastor concerning the time of vacation.
Canon 551 Offerings.
Offerings for parish ministry belong to the parish.
Canon 552 Removal.
The diocesan bishop or administrator can remove a parochial vicar for a just cause, for religious see canon 682, §2.
Chapter VII: Vicars Forane
English Latin
Canon 553 Appointed.
§1. A vicar forane, also dean, archpriest, etc. is a priest over a vicariate forane. §2. Generally appointed by bishop after hearing priests. C: placement of this section after the section on priests (instead of before as in the 17 code) shows it is a support, not middle management.
Canon 554
§1. Should be suitable. §2. Appointed for a term. §3. Removable a just cause.
Canon 555 Rights and Duties.
§1. Particular law and: 1º promoting and coordinating pastoral activity; 2º. overseeing life and duties of clerics; 3º. oversee religious functions, churches, registers, administration. §2. See to ongoing theological and spiritual formation of clergy, support those with problem. §3. See to care of gravely ill pastors, and ensure the registers, documents, sacred furnishings, and other things which belong to the Church are not lost or removed. §4. A vicar forane is obliged to visit the parishes.
Chapter VIII: Rectors of Churches and Chaplais
Article 1: Rectors of Churches
English Latin
Canon 556 Defined.
Rectors of churches are priests who care for a non-parochial church.
Canon 557 Appointment
§1. The diocesan bishop freely appoints, or he is elected or presented. §2. Bishop install rector of religious church who is appointed by religious. §3. The rector of a seminary church is rector of the seminary.
Canon 558 Parishes
Rector can't perform parish functions (canon 530) without pastor's consent. (Rector of seminary is pastor of those in the seminar; Canon 262).
Canon 559 Liturgy
A rector can perform liturgical celebrations in the church entrusted.
Canon 560 Ordered Liturgy
The local ordinary can order a rector to celebrate in his church particular functions.
Canon 561 Permission
Rector's permission is required to celebrate in rector's church.
Canon 562 Duties
Rector is to oversee liturgy, administration, buildings, reverence.
Canon 563 Removal
Local ordinary can remove a chaplain for a just cause.
Article 2: Chaplains
English Latin
Canon 564 Defined.
A chaplain is a priest entrusted in a stable manner with the the pastoral care of some community or particular group. C: this is more pastoral than the 1917 code which associated it with an income source.
Canon 565 Appointment.
Generally bishop appoints chaplains.
Canon 566 Faculties.
§1. A chaplain must be provided with all the faculties which proper pastoral care requires: confessions, preaching, sacraments. §2. In hospitals, prisons, and on sea journeys, a chaplain can absolve latae sententiae censures which are neither reserved nor declared.
Canon 567 Religious.
§1. Chaplain for religious appointed after hearing the superior, who can hear the community. §2. Chaplain celebrates or directs liturgy, but doesn't involve himself in the internal governance of the institute.
Canon 568 Recipients.
Chaplains should be appointed for migrants, exiles, refugees, nomads, sailors.
Canon 569 Military Military chaplains are governed by special laws. Early Church disallowed all military service as incompatible with the Gospel call to Christian Charity. Christians are too ready to bear arms for the sake of secular powers.
Canon 570 Rector If chaplaincy has a church, the chaplain is rector.
Canon 571 Relationship In the exercise of his pastoral function, a chaplain is to preserve a fitting relationship with the pastor.
Canon 572 Removal Removal according to Canon 563 (Just cause).
Part III: Institutes of Consecrated Life and Societies of Apostolic Life
Book 2 Part III
Institutes of Consecrated Life and Societies of Apostolic Life Notes on Religious Life
SECTION I: INSTITUTES OF CONSECRATED LIFE
TITLE I: NORMS COMMON TO ALL INSTITUTES OF CONSECRATED LIFE 1. Book 2 Part III 1. SECTION I: INSTITUTES OF CONSECRATED LIFE 2. TITLE I: NORMS COMMON TO ALL INSTITUTES OF CONSECRATED LIFE 3. TITLE II: RELIGIOUS INSTITUTES 1. CHAPTER I: RELIGIOUS HOUSES 2. CHAPTER II: GOVERNANCE OF INSTITUTES 1. ARTICLE 1: SUPERIORS AND COUNCILS 2. ARTICLE 2: CHAPTERS 3. ARTICLE 3: TEMPORAL GOODS AND THEIR ADMINISTRATION 3. CHAPTER III: ADMISSION OF CANDIDATES AND THE FORMATION OF MEMBERS 4. ARTICLE 1: ADMISSION TO THE NOVITIATE 5. ARTICLE 2: NOVITIATE AND THE FORMATION OF NOVICES 6. ARTICLE 3: RELIGIOUS PROFESSION 7. ARTICLE 4: FORMATION OF RELIGIOUS 4. CHAPTER IV: OBLIGATIONS AND RIGHTS OF INSTITUTES AND OF THEIR MEMBERS 5. CHAPTER V: APOSTOLATE OF INSTITUTES 6. CHAPTER VI: SEPARATION OF MEMBERS FROM THE INSTITUTE 8. ARTICLE 1: TRANSFER TO ANOTHER INSTITUTE 9. ARTICLE 2: DEPARTURE FROM THE INSTITUTE 10. ARTICLE 3: DISMISSAL OF MEMBERS 7. CHAPTER VII: RELIGIOUS RAISED TO THE EPISCOPATE 8. CHAPTER VIII: CONFERENCES OF MAJOR SUPERIORS 4. TITLE III: SECULAR INSTITUTES 5. SECTION II: SOCIETIES OF APOSTOLIC LIFE |
(Cann. 573 - 606) English Latin
Canon 573 Consecrated Life
§1 Life consecrated through profession of the evangelical counsels is a stable form of living, in which the faithful follow Christ more closely under the action of the Holy Spirit, and are totally dedicated to God, who is supremely loved. By a new and special title they are dedicated to seek the perfection of charity in the service of God's Kingdom, for the honor of God, the building up of the Church and the salvation of the world. They are a splendid sign in the Church, as they foretell the heavenly glory. §2 Christ's faithful freely assume this manner of life in institutes of consecrated life which are canonically established by the competent ecclesiastical authority. By vows or by other sacred bonds, in accordance with the laws of their own institutes, they profess the evangelical counsels of chastity, poverty and obedience. Because of the charity to which these counsels lead, they are linked in a special way to the Church and its mystery.
Canon addresses who are these people in the church? What do we call them? Stable form of living refers to a long term commitment, and in recognized institutions. In the latin church, we have a christological approach to ecclesiastical life. Christ is an historical person, and the gospel can be captured. You can't capture the holy spirit - this is at the root of religious life. They try to make religious life Christological to capture it. Perfection of charity is questionable - all the terms are open to question. Free commitment to evangelical counsels which lead to charity. An attempt to capture the richness of religious life in a framework. Many don't profess evangelical counsels: obedience, stability, conversatio. Founder has an inspiration and people follow. Without canonical erection, no religious life. Vows from love, or to love. Maybe it's just a safe shelter.
Theological elements consecration, following of Christ under the guidance of the spirit, evangelical counsels, perfection of charity, eschatological significance
Juridical elements canonical erection of distinct forms, stability of the forms, vocation excludes other life choices, vows or other bonds, observance of proper law
Tri-partite vision of consecrated life
1) profession of the evangelical counsels by vow according to approved constitutions 2) the primary project of following Christ more closely and the perfection in love, dedicated to the building of the community, 3) foretelling the fulfillment of the Gospel.
Canon 574 Fostering the Life
§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.
Belongs to the life and holiness of the church - it is a stable form of life and it is a particular state of life. Religious institutes are separated from the world - one part of the life is the life itself. Marriage and family is excluded. Life and holiness came from a discussion on what is essential. They tried to develop a theology of the church in which religious have a place, they don't have a place in hierarchy, but it is essential to the life of the church. Church wouldn't be church without religious. According to the life and spirit of the institute - spiritus and fines (goal). Goal isn't much a part of monasticism and of canons regular. Jean Beyer SI (Flemish, wrote in French) was the principal author of this part of the code - he made the scheme that wasn't accepted in 1979. If you say it's not essential, you says it's important, lively discussion. If you legislate about cathedral chapters, no dog will bark, but talk about religious life, there will be a flurry of activities, life as it is, it will be noisy and messy. Fines is a way of life expressed in deeds, and spiritus is the internal charism / spirituality. They blend, wonderfully - but more wonderful than blended. Definite tension in trying to name place of consecrated life in the church. The whole ecclesial community has a stake in the life as sign of the Gospel-fulfillment and help to bring about Gospel-fulfillment. RI has content of vows established universally while SI, SAL, hermits, virgins and new forms have more freedom in defining the content and living of the counsels.
Canon 575 Counsels
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. Religious life is framed 'within the church'. The whole ecclesial community has a stake in the life as sign of the Gospel-fulfillment and help to bring about Gospel-fulfillment. RI has content of vows established universally while SI, SAL, hermits, virgins and new forms have more freedom in defining the content and living of the counsels
Canon 576 Interpretation of Counsels
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.
Source found only in Lumen Gentium - not before, but there is a practice of exerting authority. The experts in the life would be the religious themselves. The only helpful use of this canon is in disruptive forms of religious life, e.g. Extreme penances in Cistercian history; Sylites, etc. But it is also used by hierarchs who disagree with internal life of institute, claiming it's disruptive. The divine gift is given to the Church - the authorities will say how it works. Regularly new documents on religious life. For centuries, there was a poverty movement - renouncing any form of property. There were extreme forms. 1970s and 1980s people started to question what is Chastity and offered the third way which was not accepted. Stable forms of life derive from RL - this is artificial. But it is an institute, a stable form, when it is canonically erected. Many existed for a long time before they were approved. There is internal authority and external authority. External authority shapes institution, explains and interprets evangelical counsels - gives the framework - but the founder has considerable freedom to give form and shape. Founder has the gift. External intervention should not prohibit, make impossible - they might have good intentions, but sometimes don't understand the gift. Four functions attributed to hierarchy: interpretation, legislation, confirmation and promotion of the life. These powers are especially active in the erection (579) and suppression (582.584)
Canon 577 Ideal
In the Church there are many institutes of consecrated life, with gifts that differ according to the graces given them more closely follow Christ praying, or Christ proclaiming the Kingdom of God, or Christ doing good to people, or Christ in dialog with the people of this world, but always Christ doing the will of the Father.
From Lumen Gentium. Institutes are seen as manifesting different aspects of the life of Christ. But each institute really manifests many aspects of the life of Christ. It is always about the full Christian life. Legally the institutes are different, but it is factual difference in lifestyle. That might have made a different typology.
Canon 578 Patrimony
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.
Along with Canon 587, this is the heart of the matter. Proper law of religious institutes is the foundation of internal authority. Patrimony is something new. Patrimonium spirituale - this is what makes consecrated life and people what they are. It is shaped by the mind and the intention of the founders. First big problem is that many venerable institutes don't have a clear founder. So how do we explore the mind and purpose. St. Norbert went back to the apostles, picked up something of St. Augustine. Date of foundation is also ambiguous. He wanted to be a hermit and then became archbishop. At a certain point it wasn't there, then it was there, and there is something between. This isn't a stable thing, it is a question worthy of investigation. It is something that moves, can be explored, discussed. It is a moving target, but something is moving. There is a difference between the founders and the institute. Nature, purpose, spirit and character of the institute. Perhaps legal multiplicity to try to pin down identity. Beyer will make a distinction. Always - as approved by the competent authority. They have the task of giving things a place in the complex reality of the people of God. Sometimes gifts have to be moderated. There can be excessive elements in the beginning - even throughout the ages. Flashy habits. Translation of charismatic inspiration into relations to persons - founders may take too much authority to themselves. Sound traditions - the things develop - monasteries with active ministries - what is a sound tradition - at least it is accepted.
Canon 579 Establishing Diocesan Congregations

Provided the Apostolic See has been consulted, diocesan Bishops can, by formal decree, establish institutes of consecrated life in their own territories.
Diocesan bishop can erect an institute, but must: consult the holy see - but actually they must approve - 1989 there was a discourse, but no formal legislation or instruction. Consult actually means you can follow or not. What about extraterritorial approval - diocese is split. What happens? Or the institute expands. The external authority is the diocesan bishop of the houses of the institute. The bishop of the diocese of the principal house has special duties. From here to 585 is the same - the essential changes in the life of an institute, and the question of hierarchy and what are internal matters will be spelled out.
PC 19: In a new institute, look for for original inspiration, profession of evangelical counsels, good of the church and world as well as is this institute necessary and not duplicating other institutes, does it sho promise of increase, and does it have the necessary resources.
In the past bishops founded institutes with out specific charism, especially at the turn of the 19th century. This still happens.
VC 12: "The perennial youth of the Church continues to be evident even today. In recent years, following the Second Vatican Council, new or renewed forms of the consecrated life have arisen. In many cases, these are Institutes similar to those already existing, but inspired by new spiritual and apostolic impulses. Their vitality must be judged by the authority of the Church, which has the responsibility of examining them in order to discern the authenticity of the purpose for their foundation and to prevent the proliferation of institutions similar to one another, with the consequent risk of a harmful fragmentation into excessively small groups."
Book II Part I: Assns of the Xn Faithful: De facto assn c. 298-299. draw up statutes. Private Assn
File is sent to Rome with required documents. 1) name and CV of founder and superior. 2) historical / juridical narrative. 3) Constitution and secondary document. 4) Picture of habit. 5) Up-to-date membership statistics. 6) Finances. 7) Extraordinary experiences and miracles. 8) Testimonial letters from bishops on usefulness, stability, discipline, formation, government, temporal administration, liturgical & sacramental dimension, ecclesial sense.
Many studies: McDermott, Wiesenbeck, CARA. 120 new communities, 30% no response, Private assn 23%, Public Assn 29%, Religious Inst 15%.
CICLSAL likes about 5-10 years in each step. and about 40 people for diocesan and 100 for pontifical. Can't skip stages, private, public, diocesan, pontifical.
Some associates and oblates associated to older institutes. Not to be religious, but canonical and associated.
This is examined by two persons and forwarded to Prefect. CDF may be consulted. In granting the Nihil obstat is received, the bishop can erect as diocesan bishop. Superior professes vows before bishop. Then the rest profess vows to the superior.
Canon 580 Aggregation
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.
Aggregation is a relationship between two autonomous institutes - the aggregating institute's competent authority is responsible for making the arrangements.
Canon 581 Parts
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.
Dividing institutes is up to the internal competent authority. Constitutions are approved and define how this happens. The model of the legislator is that of religious institute devoted to apostolic work with centralized leadership and provinces. This really doesn't fit monastic life. Benedictines speak of congregations (federations), Norbertines have circuits (circaries), the abbot appoints the circary, but doesn't have authority unless the circuit is cut off from the Abbot General.
Canon 582 Restructuring
Fusions and unions of institutes of consecrated life are reserved to the Apostolic See alone. To it are likewise reserved confederations or federations.
Fusion - small institute gets joined to a big one - small institute is suppressed. Two or more of same size join. Holy see ensures justice. Independent abbeys are completely responsible for everthing - are urged to federate. Federation of the canonesses of the holy seplechre. Confederation is a federation of federations. E.g. the benedictines have congregations which are federations of independent houses. All these are confederated under an Abbot Primus. Same with Canons Regular of St. Augustine, also non-reformed Cistercians. OCSO is a federation of independent houses. The separate religious families have patrimony, and they have the structures of the same name, but they have different roles and functions within their institutes. What can be done on a lower level, it is best to do it here. But what about competence, e.g. in a small diocese without a vicar for religious.
Canon 583 Changes
Changes in institutes of consecrated life which affect elements previously approved by the Apostolic See, cannot be made without the permission of the same See.
Canon 584 Suppression
Only the Apostolic See can suppress an institute and dispose of its temporal goods.
Suppression of an institute - this really applies to the apostolic orders. In abbeys, it isn't the institute that is important but the abbeys themselves. The institute is just a few stamps, etc.
Canon 585 Suppression of Parts
The competent authority of an institute can suppress parts of the same institute.
Canon 586 Autonomy
§1 A true autonomy of life, especially of governance, is recognized for each institute. This autonomy means that each institute has its own discipline in the Church and can preserve whole and entire the patrimony described in can. 578. §2 Local Ordinaries have the responsibility of preserving and safeguarding this autonomy.
True autonomy of life within the Church, for internal discipline and preservation of patrimony. The possibility to shape one's own rules is recognized: regimen and disciplina - chiefly internal elements are autonomous. A work entrusted will be done according to their own spirit / charism. But this particularly affects governance and life in community. External authority is to foster this autonomy.
Canon 587 Constitutions
§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 harmonized. Norms, however, are not to be multiplied without necessity. §4 Other norms which are established by the competent authority of the institute are to be properly collected in other codes, but these can be conveniently reviewed and adapted according to the needs of time and place.
CORE CANON in RELIGIOUS LAW. To protect identity = vocation. This is what you answer when someone asks who are you - and you have the time to answer. This is identity in a nutshell - but it is a start, but can never say everything. Fundamental norms are those immediately connected to Charism 1) identity; 2) governance; 3) life together (discipline); 4) incorporation, formation; 5) vows (proper object = way of observing).
Legislative power is a big thing - and if there are other legislators - do they exercise jurisdiction - ubi sociatas, ibi legis. So codice here means law or just book. Sometimes there is a more clarity in the distinct forms of life. Way of governing springs from the charism - when law is written well, then you should be able to determine the spirit from that. Council of major superior is important to the way of a lifestyle - how would a carthusian council differ from an apostolic order. Elected stresses the group leadership - in abbeys, individual leadership is more connected with the identity. Spiritual and juridic elements are to be suitably joined. The two should be linked in such a way as to show the link of norms and spiritual identity. Constitutions are best short and concise. Elementary, core matters. What would make us different if we were changed. 1921, 1910 norms on how to make constitutions - too detailed. If there is no external approval - there is too ready change. Also respect the hierarchy of norms - what is essential is in constitutions; what is implementation is in 'other norms.' You only put things in the constitutions if you know why it is in that code - at that level of legislation.
Canon 588 Clerical nor Lay
§1 In itself, consecrated life is neither clerical nor lay. §2 A clerical institute is one which, by reason of the end or purpose intended by the founder, or by reason of lawful tradition, is under the governance of clerics, presupposes the exercise of sacred orders, and is recognized as such by ecclesiastical authority. §3 A lay institute is one which is recognized as such by ecclesiastical authority because, by its nature, character and purpose, its proper role, defined by its founder or by lawful tradition, does not include the exercise of sacred orders.
Neither clerical nor lay - Franciscan family has both clerical and lay - it is a way of life not an apostolate. Everyone can contribute to that way of life, priest or brother. Old code was pragmatic - you are clerical if a majority of the institute are clerics. A group may go back and forth, but at least the distinction is clear. Clerical = by tradition, under the direction of clerics, assumes exercise of sacred orders, and recognized as such. It gives more rights against the bishop, even if it is inconsistent with the way of life. The very notion of cleric has evolved - in the 12th century it was associated with the ability to read and write. 588.3 definition of lay institutes is tied to identity.
Canon 589 Pontifical Right
An institute of consecrated life is of pontifical right if it has been established by the Apostolic See, or formally approved by it. 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.
Generally start as diocesan after consulting Rome. All institutes have the autonomy to cultivate their charism / Spiritual patrimony. Diocesan bishop has external authority only; greater or smaller; diocesan is a local reality - if it spreads, it may become pontifical. Holy See can found directly - 1980 reintegration of traditionalists: Dominicans dissenting. Also benedictine monastery in france directly dependent on Holy See.
Canon 590 Whole Church
§1 Institutes of consecrated life, 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 individuals are bound to obey the Supreme Pontiff as their highest Superior, by their sacred bond of obedience.
Like all Catholics. Special vocation gives rise to special attention - CICLSAL. Helpful advice - overblow vicar for religious - external authority. Doesn't have to be seen as dominating. §2 more a matter of devotion; but implies pope is internal superior.
Canon 591 Exemption
To provide for institutes and the needs of the apostolate, the Supreme Pontiff, can withdraw institutes of consecrated life from the governance of local Ordinaries and subject them to himself alone, or to some other.
Since the code, this hasn't happened. Ex-emere bought out, set free. Identity and vocation bring a rightful autonomy - Freedom in the spirit, freedom of the children of God. In practice these concepts are mixed: exemption and rightful autonomy. First exempt institute was Cluny with daughter houses. Before all religious were under diocesan bishop as all the faithful. Time of western schism, popes tried to bind people to them by privileges, e.g. exemption of religious, most exempt. But ministry, fundraising was a problem for the bishop. They tried to abolish at Trent, but didn't succeed. Old code: Canon 615* Regulares ... ab Ordinarii loci iurisdictione exempti sunt.... In order to let the religious be what they are. This is not a privilege, but essential. Exemption as a privilege in the old sense doesn't exist any more, this is replaced by rightful autonomy. Franciscan exemption was an alternate circuit of pastoral care. See canon 394 - coordination of the bishop. Opus Dei causes some uneasiness in this regard. Larger autonomy for pontifical institutes. Garcia Martin in CpR 60-63 (1979-1982) on exemption.
Canon 592 Communion with Rome
§1 To promote communion, 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.
The report is long - a book. Also annual report.
§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 observance.
Canon 593 Pontifical Right
In their internal governance and discipline, pontifical institutes are subject directly and exclusively to the authority of the Apostolic See, without prejudice to canon 586.
When there is a serious problem - solution starts at the local level, then institute, then holy see. But they can't change the nature of the institute. Power shouldn't be arbitrary - if it is, you don't have to accept.
Canon 594 Diocesan Right
An institute of diocesan right remains under the special care of the diocesan Bishop, without prejudice to canon 586.
Canon 595 Diocesan Bishop
§1 Bishop of the principal house approves the constitutions, confirms changes, except for matters of interest manu apposuerit to the Apostolic See. He also deals with major affairs. If the institute had spread to other dioceses, he consults other bishops.
Consulting many bishops can be cumbersome. Founding house, or center house.
§2 He also grants dispensations in particular cases.
Wherever the community exists, e.g. dispensing second year of novitiate.
Canon 596 Authority
§1 Superiors and Chapters of institutes have that authority over the members which is defined in the universal law and in the constitutions.
This is a classical division: Potestas jurisdictionis: executive, administrative, legislative and jurisdiction - in clerical institutes only for the institute. Potestas dominativa - vocation, entrance, admitted when superior admits the authenticity of the vocation, she accepts the institute as the embodiment of her vocation. The authority comes from this - particular identity and vocation of institute and members - in mutuality - all serve in interdependence - the superior embodies and organizes this. Potestas domestica - organizing the house. Community will support if they understand and they shouldn't support if they don't. Use of juridical terms is only analogical - so the terms are only useful to a certain extent. Formation brings people into this reality - also sorts out motivations and the fit of religious life; vocation is a dynamic reality - leadership represents and serves the identity of the institute. Universal law gives more power of jurisdiction - the other two are more spelled out in Cx.
§2 In clerical pontifical Superiors have in addition the ecclesiastical power of governance, for both the external and the internal forum.
Legislative power pertains to general chapters, to a limited extent province chapters; executed by major superiors; Judicial power (theoretically). Why clerical pontifical? no practical difference, merely artificial. Ordinarii of canon 129.
§3 The provisions of canons 131, 133 and 137-144 apply to the authority mentioned in §1.
On delegation of power like ordinary. In error, church supplies power.
Canon 597 Admission
§1 Every catholic with a right intention and the qualities required by universal law and the institute's law, and without impediment, may be admitted. §2 No one may be admitted without suitable preparation. Thus far authority.
Canon 598 Vows and Constitutions
§1 Each institute, according to its special character and purposes, to define in constitutions way of lifing the evangelical counsels of chastity, poverty and obedience.
Munster commentary (legalistic): says it only applies to poverty - the external norms, but life is more than that - charism touches all vows, Carthusian / CSJ / spiritual, community, organization, evangelical.
§2 All members observe the evangelical counsels faithfully and fully, follow the institute's own law, and so strive for the perfection of their state.
598-602 belong together. In a community we share a certain view of the christian life. On entrance candidates engage the charism. Some come and have their own ideas; but there has to be an acceptance of the community's way of doing the gospel. On entrance you give up some individuality - if you enter to reform, you are a founder, not a member. The source is the institute's patrimony. Perfection is a dynamic way of doing the Gospel, in a way particular to the institute. Constitutions particularize this.
Canon 599 Chastity
Chastity 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.
Here the order is chastity, poverty, obedience - following Vatican 2 which saw celibacy as the core, essential element of religious life. Poverty first is Thomistic - your things, body and will are 'sacrificed.' They might be in another order in the constitutions. Praemonstratentians put poverty first, following apostles, viewed as sharing of goods. Undivided heart: many things other than sex can divide the human heart, e.g. egoism. Celibacy - unmarried - and this is an impediment to marriage 1088 (religious - not SAL, hermit, virgin, secular institute) - in the old code only solemn vows were an impediment. Continence is harder to legislate. Canon 694, civil marriage is grounds for automatic dismissal. Defining the vows here is negative - which is more tight and juridical in form.
Canon 600 Poverty
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.
This is a life in accord with human dignity, but moderate. Sober, hardworking, using goods in a proprietary manner is disallowed. Some enter young - with renunciation of what they don't have. This is different for those who enter older. Old system was dowery - kept in name of member - returned to her if she left. Dependence requires permissions.
Canon 601 Obedience
Obedience, following Christ, obedient even unto death, obliges submission of one's will to lawful Superiors, acting in the place of God when they command according to the constitutions.
There may be a list of what can be required. E.g. ministries that can be required. There isn't a formula, but it should be clear and written for clarity.
Canon 602 Communion
Members unite into a special family in Christ, in mutual assistance to fulfill their vocation. Communion rooted and based in charity is a sign of universal reconciliation in Christ.
We thend to think of apostolic succession in terms of the physical contact from bishop to bishop. But shouldn't we also think of it in terms of the living communion of followers of Christ going back to the beginning.
Canon 603 Hermits / Anchorites
§1 The Church recognizes the life of hermits or anchorites, withdrawal further from the world and devotion to the praise of God and the salvation of the world through the silence of solitude and through constant prayer and penance. §2 Hermits dedicated to God in consecrated life can be recognize in the hands of the diocesan Bishop, they publicly profess the three evangelical counsels, and live under the guidance of the diocesan Bishop.
This is an attempt to restore the older ecclesiastical practice and be open to new forms of religious life. Technically it becomes difficult, but this is the only canon on hermits. One doesn't need ecclesiastical approbation. Many live in groups.
Canon 604 Virgins
§1 The order of virgins also exist. Virgins are consecrated to God liturgically by the bishop, mystically espoused to Christ and dedicated to the service of the Church. §2 They can be associated for mutual assistance.
Ascendit - associated like apostolic life.
Canon 605 New Forms
The approval of new forms is reserved to the Apostolic See. Diocesan Bishops, however, help discern new gifts of consecrated life from the Holy Spirit gives. They assist promotors in articulating and developing the life and statutes.
Hard to imagine new forms, but there can be an opening here.
Canon 606 Gender
Law applies equally for both sexes.
TITLE II: RELIGIOUS INSTITUTES
(Cann. 607 - 709) English Latin
Canon 607 Vows and Community
§1 Religious life manifests the marvelous marriage 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 with its own law where members profess vows and live in community. The vows are either perpetual or "temporary".
§3 The public witness involves that separation proper to the character and purpose of each institute.
Proper nature of religious life is described here. Canon 573 said it is stable; it has social, juridical, religious and sacred elements. They also have a certain autonomy. Withdrawal is from the 'worldly life' not necessarily from the world as the the arena of the action of God.
CHAPTER I: RELIGIOUS HOUSES
English Latin
Canon 608 Religious House
Community lives in a house under a Superior with an oratory as its center.
The house is also a witness. Three for a recommended minimum = 114, they are public juridic persons. Lack of house superior is a custom against the law.
Canon 609 Establishing a House
§1 A house is established, with diocesan bishop's prior written consent, 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.
Competent superior: Major superior - but for monasteries the one house for a dependent house but general chapter for an independent house. Sample Document: ERECTION OF A HOUSE | [Authorizing team or council] of [religious institute] at [address] in accord with number ## of the Constitutions of 19##, hereby erects a house of the institute: [the house name and address] in the diocese of [diocese].
This is authorized by vote of [authorizing team or council] on [date].
Written approval of the Diocesan bishop [name] of [diocese] was given on [date].
Signed by:
[name and title of person signing for the authority in the institute] [date]
[name and title of the person signing for the diocesan bishop] [date] |
Canon 610 Conditions
§1 Houses established for the good of the church and the institute with a view providing for the members there to live their proper life. §2 It must be able to prudently and suitably provide for members.
If the aim is sharing life with the urban poor, there won't be a rural area. If there is an apostolate, there should be the possibility, economic means must be suitable. O.Praem. you need 8 people to start an independent monastery. This concerns the institute, but a Diocesan bishop may inquire.
Canon 611 Rights of Houses
Religious house has the right: 1° live the life of the institute; 2° to engage in the works which are proper to the institute; 3° for clerics, to have a church, see canon 1215.3, and to conduct the sacred ministries.
Relations with the church may serve to keep the institute healthy. Permission is granted with permission to establish a house. There may be restrictions placed, but they should be reasonable. If superior is an ordinary, he can make other private chapels in the house.
Canon 612 Other Work
Bishop's consent is needed to take on another apostolic work, but not to change internal governance and discipline.
Bishop can't require impossible, something outside charism. Will of foundations must be respected.
Canon 613 Autonomous Houses
§1 A house of canons regular or of monks is autonomous, unless the constitutions decree otherwise. §2 This Moderator is by law a major Superior.
E.g. Crosiers changed to provincial structure after the French Revolution.
Canon 614 Cloistered Monasteries
Nuns associated with an institute of men have autonomy of life and governance, in accordance with the constitutions - mutual rights an obligations to be defined.
In many cases an institute was founded by a movement, e.g. canons regular. Then there came to be double monasteries, under a single superior, male or female. In some cases due to problems, they wanted to separate them, abbot remained superior of nuns with real dependence. Cistercian nuns. Other times, there was more autonomy, but still affiliated to the order. Also with strict enclosure wouldn't let them attend general chapter. But this canon reorganizes and promotes the autonomy. There is a strong 'family' feeling between institute, and they organize life separate. Cistercians feel themselves one order but Rome won't allow. So they hold chapter same time same place and only 'technically' separate the voting. Polycarp Zachar describes history of cistercian nuns and organization of general chapters. Praem. nuns are considered 'incapable' of organizing their general chapter.
Canon 615 Autonomous Monasteries
The house that is dependent from any other superior - the house is the institute, also under vigilance the diocesan Bishop.
They may federate. One autonomous house may stand on its own. E.g. benedictine women. There may be a an abbot general, or external superior - or there may be other practical arrangement. In a Praem. convent, a diocesan bishop placed a prioress without reference to the abbot general. These are almost of diocesan right, but there is a clear distinction over internal and external - e.g. he might preside over election, but is not to influence the election. He must respect the autonomy. After the election the chair of the chapter asks acceptance - the election is an act of the chapter. The bishop can confirm, give force to what is done by someone else. If it's okay, you have to approve.
Canon 616 Suppression of Houses
§1 Supreme moderator, consulting diocesan bishop, can close house, in accordance with the constitutions. Goods disposed by proper law, with due regard for the wishes of founders or benefactors and for lawfully acquired rights.
Institute makes the decision, hearing the bishop only. Disposal for needs of institute, but also the "rights" of donors. The gift of the spirit present in the history of that house should be perpetuated however that might be possible. This is good for the people and for the institute - new life, new outpouring of the spirit and charism. "A night of forebeing."
§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.
This is the same as suppression of an institute - nowhere else for members to live. Goods go first to members.
§3 Unless the constitutions enact otherwise, the suppression of an autonomous house mentioned in can. 613 belongs to the general chapter.
E.g. Park Abbey Leuven. Any remaining members "freely" choose to go elsewhere, but if they vowed stability to that house
§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.
Holy see must respect the institute's law. Authority of each institute respects its constitutions as and expression of the vocation of the institute. It is a gift to the members and to the people of God.
CHAPTER II: GOVERNANCE OF INSTITUTES
There are two elements of leadership - there is collective leadership and individual leadership and the two should be in balance. Often personal problems are better dealt with the personally with an individual leader - collective leadership brings wisdom. Administration of spiritual and temporal goods is not best confided to just one person. The chapter puts up the big frame and the superior (and/or council) executes.
ARTICLE 1: SUPERIORS AND COUNCILS
English Latin
Canon 617 Superiors
Superiors are to fulfill their office and exercise their power in accordance with the norms of the universal law and of their own law.
The superior is a role of organizing life for the good of the the institute and its members according to the vocation. It is a pastoral service limited by law. All members should be aware of the good and vocation of all
Canon 618 Authority
The power of Superiors rom God to be exercised by them in service: 1) docile to the will of God, 2) govern respectfully, 3) promote voluntary obedience 4) listen willingly to members, 5) foster cooperation and in the end 6) decide and command.
If some are highly motivated, they can bring the rest along and the collective will govern itself. You only need superior when there is a danger or urgency.
Canon 619 Pastoral Care
Superiors are to devote themselves to their office with diligence. With members, build evangelical community. They have the duty to evangelize the community - coming together around the gospel with the lens of the community; to be an example, give personal support and bring together to prayer, and care for the needs especially of the most needy.
The superior should well enough embody the charism of the institute. It is the personal pastoral care that is the most important role. From Augustinian rule - the superior loses a lot of time in this pastoral care.
Canon 620 Major Superiors
Major Superiors are govern an entire institute or major part, his accedunt: Abbot Primate, monastic Superior and their vicars (as defined constitutions).
This depends a lot on the type of institute: Abbot Primate - Abbot General - Apostolic Superior General.
Canon 621 Province
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.
It is a major part of the institute and may have other names.
Canon 622 Supreme Moderator
The supreme Moderator has authority over all within law. Other Superiors have authority within the limits of their office.
Autonomous houses aren't under the power of the houses or members. So this canon is more on the model of apostolic communities. Superiors are often linked to a certain level or a certain task. They should have the power to carry out their office - personally and juridically.
Canon 623 Qualifications
For valid Superior, members must be finally professed for an term determined in proper law.
Since univeral law requires the law, you have to get dispensation from Holy See (or diocesan bishop for diocesan right congregation - dispensing from constitutions).
Canon 624 Terms
§1 Superiors are for a term unless constitutions establish otherwise for the supreme Moderator and for Superiors of an autonomous house.
All provincials are for term. Jesuit general and Abbots, Abbesses. Constitutions may leave it to the chapter. Roles of superiors differ, according to charism of institute. Mission of members, need for stability, type of relationship: family relationship or task oriented relationship. It can be for life, indefinite, to a definite age. Freedom is left for the institutes.
§2 Not too long in office without interruption.
Re-election possibilities specified in proper law. Holy See generally won't accept multiple postulations. This is all types of superiors. Michel Dortel-Claudot, SJ history of religious life and legislation. If this is defined in the constitutions, the approving authority dispenses.
§3 Superiors may be removed or transferred to another office as per the institute's own law.
Establishment of possibility is sufficient - according to the judgment of the superior, etc.
Canon 625 Election
The supreme Moderator of the institute is to be designated by canonical election, in accordance with the constitutions.
Must be in Constitutions but detailed norms can be in other places. It can be in general chapter or special chapter of elections.
§2 The Bishop presides elections of canon 615 houses and institute of diocesan right.
He presides by delegate, he himself should be a friendly pastoral presence.
§3 Other Superiors are to be constituted in accordance with the constitutions, elected and confirmed or appointed after consultation.
Freedom, informal, consultative vote, any method is possible, but the upcoming appointment should be announced and give the chance for input. Depending of course on the life of the community. E.g. an abbot appoints the prior with whom he can collaborate; house superior is more autonomous. There should be a certain unity among the various leaders.
Canon 626 Integrity in Elections
Superiors in appointing and electing to observe law and avoid abuse or lobbying. Viewing only God and the good of the institute.
No sanction. Presider could refuse confirmation. Proper law could sharpen this. First to cause trouble will be those who lobbied for a person because whoever is doing it, for self or other is really promoting private self-interest.
Canon 627 Council
§1 Superiors are to have their own council, as constitutions provide, and make use of them.
Important group, proper law will provide particular decisions which require advice or consent. Wouldn't affect sale of property, but may affect validity of profession.
§2 Universal and proper law determine cases in which the validity of an act depends upon consent or advice being sought in accordance with canon 127.
Know your identity, and read the law as function of that identity.
Canon 628 Visitation
§1 Visitator appointed by superior works as in proper law.
This is a useful and essential institute - allows to open up and have some contact with the whole. Some separation is needed, but some unity as well. Identity and vocation are built up to support the health of a community. Often done in connection with general chapter. This too will be according to the nature of the institute, temporalities, charism.
§2 Bishops visit 1) autonomous monasteries canon 615; 2) diocesan right houses.
Bishop acts as superior of the institute. It is sensible to delegate a religious to carry this out.
§3 The members are to act with confidence, truth and charity towards the visitator. Members are to respond, no one to hinder.
There should be a schema for the visitation so everyone knows what is to be done, visitator and members. It is a time of freedom and sanctuary - it can be a burden, not always abuses, but also to confirm good the vocation, but also give helpful criticism.
Canon 629 Residence
Superiors are to reside each in his or her own house.
Canon 630 Freedom of Conscience
§1 Superiors to acknowledge the freedom due to the members concerning the penance and conscience.
In enclosure, you choose a life where you may have limited your freedom to go out. You may choose not to avail yourself of the confessor provided. "Norm" was once a week - it is devotional spiritual direction then.
§2 Superiors are to ensure availability of confessors.
§3 Nuns or large lay communities are to have ordinary confessors, approved by the local Ordinary after consultation with the community. Members have no obligation.
Members may watch each other too carefully - they too should allow one another freedom.
§4 Superiors are not to hear the confessions of their subjects unless spontaneously requested.
This can be a problem in the superior being able to act. Also leave the freedom both for the member, and for the leader to lead. Superior can divulge or use the information.
§5 Members to approach superiors with trust, openness and freedom. Superiors are forbidden to induce members to make a manifestation of conscience.
It is one sided - you are to be open and listen, but not to induce the manifestation. Someone is weeping, you can go to them, comfort, but can't say "what's wrong?" The superior should keep a respectful distance to be open, but not to force it. Intuitions can be there, but be circumspect about it.
ARTICLE 2: CHAPTERS
English Latin
Canon 631 General Chapter
§1 General chapter has supreme authority in accordance with the constitutions. It represents the whole institute signifying unity in charity. It protects the patrimony of the institute, to foster appropriate, to elect the supreme Moderator, to deals with matters of greater importance, and issues norms.
§2 The composition of the general chapter and the limits of its powers are to be defined in the constitutions. The institute's own law is to determine in further detail the order to be observed in the celebration of the chapter, especially regarding elections and the matters to be treated.
§3 According to the norms determined in the institute's own law, not only provinces and local communities, but also any individual member may freely submit their wishes and suggestions to the general chapter.
Canon 632 Proper Law
The institute's own law is to determine in greater detail matters concerning other chapters and other similar assemblies of the institute, that is, concerning their nature, authority, composition, procedure and time of celebration.
Canon 633 Consultation
§1 Participatory and consultative bodies are faithfully to carry out the task entrusted to them, in accordance with the universal law and the institute's own law. In their own way they are to express the care and participation of all the members for the good of the whole institute or community .
§2 In establishing and utilizing these means of participation and consultation, a wise discernment is to be observed, and the way in which they operate is to be in conformity with the character and purpose of the institute.
ARTICLE 3: TEMPORAL GOODS AND THEIR ADMINISTRATION
English Latin
Sackett 85 CLSA Proceedings - case studies.
Canon 634 Capacity to Own
§1 Since they are by virtue of the law juridical persons, institutes, provinces and houses have the capacity to acquire, possess, administer and alienate temporal goods, unless this capacity is excluded or limited in the constitutions.
§2 They are, however, to avoid all appearance of luxury, excessive gain and the accumulation of goods.
Canon 635 Ecclesiastical Goods
§1 Since the temporal goods of religious institutes are ecclesiastical goods, they are governed by the provisions of Book V on 'The Temporal Goods of the Church', unless there is express provision to the contrary.
§2 Each institute, however, is to establish suitable norms for the use and administration of goods, so that the poverty proper to the institute may be fostered, defended and expressed.
Canon 636 Separate Finance Officer
§1 In each institute, and in each province ruled by a major Superior, there is to be a financial administrator, distinct from the major Superior and constituted in accordance with the institute's own law. The financial administrator is to administer the goods under the direction of the respective Superior. Even in local communities a financial administrator, distinct from the local Superior, is in so far as possible to be constituted.
§2 At the time and in the manner determined in the institute's own law the financial administrator and others with financial responsibilities are to render an account of their administration to the competent authority.
Canon 637 Autonomous Monasteries
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.
Canon 638 Extraordinary Administration
§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 Perlasca, Alberto. “La Capacità Patrimoniale Degli Istituti Religiosi.” Quaderni Di Diritto Ecclesiale 22, no. 1 (2009): 118–129.
Canon 639 Debts
§1 If a juridical person has contracted debts and obligations, even with the permission of the Superior, it is responsible for them.
§2 If individual members have, with the permission of the Superior, entered into contracts concerning their own property, they are responsible. If, however, they have conducted business for the institute on the mandate of a Superior, the institute is responsible.
§3 If a religious has entered into a contract without any permission of Superiors, the religious is responsible, not the juridical person.
§4 However, an action can always be brought against a person who has gained from a contract entered into.
§5 Superiors are to be careful not to allow debts to be contracted unless they are certain that normal income can service the interest on the debt, and by lawful amortization repay the capital over a period which is not unduly extended.
Canon 640 Collective Testimony
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.
CHAPTER III: ADMISSION OF CANDIDATES AND THE FORMATION OF MEMBERS
ARTICLE 1: ADMISSION TO THE NOVITIATE
English Latin
Canon 641 Right to Admit
The right to admit candidates to the novitiate belongs to the major Superiors, in accordance with the norms of the institute's own law.
Canon 642 Diligence in Screening
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.
Canon 643 Requirements
§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.
Canon 644 Secular Clerics
Superiors are not to admit secular clerics to the novitiate without consulting their proper Ordinary; nor those who have debts which they are unable to meet.
Canon 645 Suitability
§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: NOVITIATE AND THE FORMATION OF NOVICES
English Latin
Canon 646 Purpose
The purpose of the novitiate, by which life in an institute begins, is to give the novices a greater understanding of their divine vocation, and of their vocation to that institute. During the novitiate the novices are to experience the manner of life of the institute and form their minds and hearts in its spirit. At the same time their resolution and suitability are to be tested.
Canon 647 Novitiate House
§1 The establishment, transfer and suppression of a novitiate house are to take place by a written decree of the supreme Moderator of the institute, given with the consent of the council.
§2 To be valid, a novitiate must take place in a house which is duly designated for this purpose. In particular cases and by way of exception and with the permission of the supreme Moderator given with the consent of the council, a candidate can make the novitiate in another house of the institute, under the direction of an approved religious who takes the place of the director of novices.
§3 A major Superior can allow a group of novices to reside, for a certain period of time, in another specified house of the institute.
Canon 648 Length of Novitiate
§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.
Canon 649 Time Away
§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.
Canon 650 Object of Novitiate
§1 The object of the novitiate demands that novices be formed under the supervision of the director of novices, in a manner of formation to be defined by the institute's own law.
§2 The governance of the novices is reserved to the director of novices alone, under the authority of the major Superiors.
Canon 651 Director of Novices
§1 The director of novices is to be a member of the institute who has taken perpetual vows and has been lawfully designated.
§2 If need be, directors of novices may be given assistants, who are subject to them in regard to the governance of the novitiate and the manner of formation.
§3 Those in charge of the formation of novices are to be members who have been carefully prepared, and who are not burdened with other tasks, so that they may discharge their office fruitfully and in a stable fashion.
Canon 652 Responsibilities
§1 It is the responsibility of the directors of novices and their assistants to discern and test the vocation of the novices, and gradually to form them to lead the life of perfection which is proper to the institute.
§2 Novices are to be led to develop human and Christian virtues. Through prayer and self-denial they are to be introduced to a fuller way of perfection. They are to be instructed in contemplating the mystery of salvation, and in reading and meditating on the sacred Scriptures. Their preparation is to enable them to develop their worship of God in the sacred liturgy. They are to learn how to lead a life consecrated to God and their neighbor in Christ through the evangelical counsels. They are to learn about the character and spirit of the institute, its purpose and discipline, its history and life, and be imbued with a love for the Church and its sacred Pastors.
§3 Novices, conscious of their own responsibility, are to cooperate actively with the director of novices, so that they may faithfully respond to the grace of their divine vocation.
§4 By the example of their lives and by prayer, the members of the institute are to ensure that they do their part in assisting the work of formation of the novices.
§5 The period of novitiate mentioned in 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.
Canon 653 Free to Leave
§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
English Latin
Canon 654 Profession
By religious profession members make a public vow to observe the three evangelical counsels. Through the ministry of the Church they are consecrated to God, and are incorporated into the institute, with the rights and duties defined by law.
Canon 655 Length of temporary Profession
Temporary profession is to be made for the period defined by the institute's own law. This period may not be less than three years nor longer than six years.
Canon 656 Valid Temporary Profession
The validity of temporary profession requires:
1° that the person making it has completed at least the eighteenth year of age;
2° that the novitiate has been made validly;
3° that admission has been granted, freely and in accordance with the norms of law, by the competent Superior, after a vote of his or her council;
4° that the profession be explicit and made without force, fear or deceit;
5° that the profession be received by the lawful Superior, personally or through another.
Canon 657 Perpetual Profession
§1 When the period of time for which the profession was made has been completed, a religious who freely asks, and is judged suitable, is to be admitted to a renewal of profession or to perpetual profession; otherwise, the religious is to leave.
§2 If it seems opportune, the period of temporary profession can be extended by the competent Superior in accordance with the institute's own law. The total time during which the member is bound by temporary vows may not, however, extend beyond nine years.
§3 Perpetual profession can for a just reason be anticipated, but not by more than three months.
Canon 658 Requirements
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: FORMATION OF RELIGIOUS
Canon 659 Temporary Professed
§1 After first profession, the formation of all members in each institute is to be completed, so that they may lead the life proper to the institute more fully, and fulfill its mission more effectively.
§2 The institute's own law is, therefore, to define the nature and duration of this formation. In this, the needs of the Church and the conditions of people and times are to be kept in mind, insofar as this is required by the purpose and the character of the institute.
§3 The formation of members who are being prepared for sacred orders is governed by the universal law and the institute's own program of studies.
Canon 660 Systematic Formation
§1 Formation is to be systematic, adapted to the capacity of the members, spiritual and apostolic, both doctrinal and practical. Suitable ecclesiastical and civil degrees are to be obtained as opportunity offers.
§2 During the period of formation members are not to be given offices and undertakings which hinder their formation.
Canon 661 Ongoing Formation
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.
CHAPTER IV: OBLIGATIONS AND RIGHTS OF INSTITUTES AND OF THEIR MEMBERS
Canon 662 Following Christ
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. Supreme law is the following of Christ – all the rest of the canons are the means. Following Christ is lived according to the particular expression of the religious institute. Sources: 593; LG 46; PC 1-2a; PO 18; ES 11; ET 12. Connection: 573, 598ss, 607, 654.
Canon 663 Prayer
§1 The first and principal duty of all religious is to be the contemplation of things divine and constant union with God in prayer. Religious are transformed in and into contemplation; no longer a religious who prays, but a religious 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. Eucharist center of life – also linked to 608 requiring an oratory in the house. To the degree it is possible – in 1917 it was the superior who regulated. Absolute respect for conscience is proposed here. Only excluded are those excommunicates / interdicted, etc. 912, 915, 1331, 1332. For clerics, EM and ICM say you can't impose concelebration or forbid individual celebration.
§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. Lectio divina is one method; meditation is another. Constitutions should fix the modalities and times and communitarian practices.
§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. Devotion colored by the particular spirituality of the institute is recommended; rosary is recommended, not required. Develop in the light of canons: 246.3, 276.2.3 5, & 1186.
§5 They are faithfully to observe the period of annual retreat. This is a seal on the spiritual journey. The constitutions supply the modality, type, duration, in accord with ancient practice of 5, 6 or 8 days. Also there are the periodic days of retreat, reflection and desert.
Sources:
1. CD 33; PC 2,5,6; PO 18; RC 5; VS V; ET 42, 43, 45; MR, 16, 24; LMR II: 1 2. 125.2; 595.1.2, 2; 610.2; PC 6; PO 18; ET 47, 48; MF 771; LMR II:9 3. 125.2; 595.1.2; 610.1 3; PC 6; OT 8; DV 25; PO 18; ES II: 21; SCR Rescr., 17 aug 1967, 1; VS II; ET 42, 43, 45; MR 24; LMR II:8, 12 4. 125.2; LG 65; OT 8; Paulus PP. VI, adh Ap. Signum magnum, 13 maii 1967, II (AAS 59 [1967] 471); ET 56, Paulus PP. VI, Adh. Ap. Marialis cultus, 2 feb. 1974, 21, 49 (AAS 66 [1974] 132-133, 158-159); LMR II: 13 5. 126, 595.1.1; PO 18; ET 35
Connections: 246.3, 276.2.3 5, 608, 912, 915, 1331-1332, 1186
Canon 664 Conversion
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. Sources: 125.1, 595.1.3; PO 18; Paen IIIe; SCRIS Decr. Dum canonicarum legum, 8, dec 1970, 3 (AAS 63 [1971] 318); LMR II: 10. Connections: 630 – provision of confessor and freedom of conscience. This canon is closely linked with the one before both in content and in legislative sources.
Canon 665 Religious Houses
§1 Religious are to reside in their own religious house and observe the common life; they are not to stay elsewhere except with the permission of the Superior. For a lengthy absence from the religious house, the major Superior, for a just reason and with the consent of the council, can authorize a member to live outside a house of the institute; such an absence is not to exceed one year, unless it be for reasons of health, studies or an apostolate to be exercised in the name of the institute. Prolonged absence is not defined, but clearly is less than a year. The 1917 code limited it to 6 months. The propria domo religiosa is more clearly expressed in the constitutions and practices of each institute. Flexibility is required in today's mobile society, taking into account the good of the individual, the community and the ministry. Sources: 1: 594.1, 606; CA 15; PC 15; SCR Decr. Religionum laicalium, 31 maii 1966, 4 (AAS 59 [1967] 362); ES II: 25
1) Absence is always to have a just cause (note, a grave cause is not required). 2) Permission of the superior is always required. 3) The absence should be (a) for cause of illness, apostolate or study, otherwise it must be no more than a year. Note, if a longer absence is required, see Canon 686 on exclaustration.
§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. This is much softer than the provisions of the 1917 code (644, 645, 2386) which spoke of the apostate and fugitive religious. However, Canon 696 below speaks of acting canonically against a religious who is illegitimately absent for 6 months. Sources: 2: 616.1, 644, 645, 2385, 2386, 2389
Connections: 90, 127.2.1, 202, 607-608, 620, 686-693, 696, 702.2, 1341, 1371.2.
Canon 666 Social Communication
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. Vatican 2 reversed early magisterial denunciations of new media, proclaiming the means of social communication to be marvelous inventions and tools for evangelization. This has no source in the 1917 code, but here puts the responsibility on the member. Sources: SCS Notif., 10 jul 1957; SCR Lit. cir., 6 aug 1957; IM 9, 10; SCS Instr., 15 jul. 1964; PC 12; ES I: 25.2a,b; CICS Instr. Communio et progression, 21 maii 1971, 64-70 (AAS 63 [1971] 617-620); ET 46; LMR II: 14. Connections: 598.1, 607, 662-664, 822-832 (on means of communication in Book Three - Teaching Office)
Canon 667 Enclosure
§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. N: Cloister establishes a zone of privacy for the community such as Canon 220 provides for the individual; restricting the right of ingress of nonmembers and the right of egress of members. It is much more flexible than the 1917 code and much is left to the constitutions. Sources: 604.1,2; SCR Rescr., 17 aug 1967, 3; ET 46
§2 A stricter discipline of enclosure is to be observed in monasteries which are devoted to the contemplative life. Sources: 597-599; PC 16; ES II: 30; VS VII: 1,2
§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 (Venite Seorsum). Other monasteries of cloistered nuns are to observe an enclosure which is appropriate to their nature and is defined in the constitutions. Sources: 597.1, 600-603; CI Resp. III, 1 mar. 1921 (AAS 13 [1921] 177); SCR Instr. Nuper edito, 6 feb. 1924 (AAS 16 [1924] 96-101); SCR Instr. Inter cetera, 25 mar. 1956 (AAS 48 [1956] 512-526); SpC IV; SCR Instr. Inter praeclara, 23 nov. 1950, I-XVI (AAS 43 [1951] 37-41); PC 7, 16; ES II: 30-32; VS VII: 1-17. Verbi Sponsa 1999 Venite Seorsum
§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. N: Entrance requires: authorization of the bishop, consent of the Abbess and a grave and just cause - consent of the abbess is not in PM 34, but was introduced in the code; likewise, privileges for heads of state from the 1917 code are abolished. Healthcare, technical services, etc have always been permitted. Sources: cc 600.1, 4, 601; PM 34; SCRIS Decl., 2 jan. 1970
Connections: 6.1.2,3, 17, 90, 127, 220, 607.3
Canon 668 Poverty
§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. N:se practical norms are linked to Canon 600 on the vow of poverty. Sources: 569.1,3, 580.1 CI Resp 9, 16 oct 1919 (AAS 11 [1919] 478); SCR Resp., 26 mar. 1957; SCR Resp., 1 mar 1958; AIE 6
§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. Sources: 580.3, 583.2; CA 17; SCR Decr. Religionum laicalium, 31 maii 1966, 6 (AAS 59 [1967] 363); SCRIS Decr. Cum superiores generales, 27 nov 1969 (AAS 61 [1969] 738-739)
§3 Whatever a religious acquires by personal labor, or on behalf of the institute, belongs to the institute. Whatever comes to a religious in any way through pension, grant or insurance also passes to the institute, unless the institute's own law decrees otherwise. N: As an integral part of the institute, the member receives all necessaries from the institute: Canons 654 670. 580.1,2 582, 594.2; SCR Resp., 16 mar 1922 (AAS 14 [1922] 196-197); PC 13; ES ii: 23; ET21
§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. 581; CA 16; ES II: 24; SCR Decr. Religionum laicalium, 31 maii 1966, 6 (AAS 59 [1967] 363)
§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. 579, 582.1
Connections: 600, 653.2, 654, 670, 1192.2
Sackett 85 CLSA Proceedings - case studies.
Canon 669 Sign of Consecration
§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. N: If there is no habit of the institute, they wear simple clothing of the region. Sources 596; SCR Notif., 6 feb. 1965; PC 17; SCR Rescr., 17 aug. 1967, 2; SCRIS Normae, 8 jun. 1970; ET 22; SCRIS Notif., 25 feb. 1972; SCRIS Notif mar 1974; SCRIS Notif., 12 nov. 1976; SCGE Litt. circ. 25 jan 1977; SCRIS Ep., 4 mar. 1977
§2 Religious of a clerical institute who do not have a special habit are to wear clerical dress, in accordance with can. 284. Sources 136.1, 188.7, 2379; SCRIS Notif., 25 feb. 1972; SCRIS Notif mar 1974; SCE Litt. circ. 27 jan 1976; SCRIS Notif., 12 nov. 1976
Canon 670 Right to All Necessary for Vocation
The institute must supply the members with everything that, in accordance with the constitutions, is necessary to fulfill the purpose of their vocation. N: This is the only right strictly speaking in the whole title; an it is quite general, and in a sense is a sum of all the duties of the institute for the members. It is an innovation in this code. Sources: LG 43; PC 18; ET 26; See also Trent XXV regulares c.2. Connections: 618-619, 659
Canon 671 Permission for Outside Offices
Religious are not to undertake tasks and offices outside their own institute without the permission of the lawful Superior. Sources: 608; CD 35.2; ET 20, 26. Connections: 145.1, 601, 618, 654, 681-682
Canon 672 Other Canons
Religious are bound by the provisions of cann. 277 (celibacy) ,285 (exercise of civil power), 286 (unauthorized commercial activities), 287 (political or labor offices - except to defend the rights of the church or common good) and 289 (military service that is not avoidable). Religious who are clerics are also bound by the provisions of can. 279 §2 (continuing education). In lay institutes of pontifical right, the permission mentioned in can. 285 §4 (administering the affairs of lay people) can be given by the major Superior. Sources: 592; SCR Resp. 15 jul. 1919 (AAS 11 [1919] 321-323); SCR Litt. circ., 10 feb. 1924; SCR Litt. 29 apr. 1946; SCR Litt. circ., 2 maii 1951; SCR Secr. Militare servitium, 30 jul. 1957 (AAS 49 [1957] 871-874); LMR I. Connections: 135.2, 277, 279.2, 285-287, 289, 599, 607, 660-661, 666-667, 669, 1392.
CHAPTER V: APOSTOLATE OF INSTITUTES
Canon 673 Life is Primary Mission
The apostolate of all religious consists primarily in the witness of their consecrated life, which they are bound to foster through prayer and penance.
Canon 674 Contemplative Institutes
Institutes which are wholly directed to contemplation always have an outstanding part in the mystical Body of Christ. They offer to God an exceptional sacrifice of praise. They embellish the people of God with very rich fruits of holiness, move them by their example, and give them increase by a hidden apostolic fruitfulness. Because of this, no matter how urgent the needs of the active apostolate, the members of these institutes cannot be called upon to assist in the various pastoral ministries.
Canon 675 Apostolate Essential
§1 Apostolic action is of the very nature of institutes dedicated to apostolic works. The whole life of the members is, therefore, to be imbued with an apostolic spirit, and the whole of their apostolic action is to be animated by a religious spirit.
§2 Apostolic action is always to proceed from intimate union with God, and is to confirm and foster this union.
§3 Apostolic action exercised in the name of the Church and by its command is to be performed in communion with the Church.
Canon 676 Participation in Pastoral Mission
Lay institutes of men and women participate in the pastoral mission of the Church through the spiritual and corporal works of mercy, performing very many different services for people. They are therefore to remain faithful to the grace of their vocation.
Canon 677 Proper Works
§1 Superiors and members are faithfully to hold fast to the mission and works which are proper to their institute. According to the needs of time and place, however, they are prudently to adapt them, making use of new and appropriate means.
§2 Institutes which have associations of Christ's faithful joined to them are to have a special care that these associations are imbued with the genuine spirit of their family.
Canon 678 Relations of Bishop to Apostolate
§1 In matters concerning the care of souls, the public exercise of divine worship and other works of the apostolate, religious are subject to the authority of the Bishops, whom they are bound to treat with sincere obedience and reverence.
§2 In the exercise of an apostolate towards persons outside the institute, religious are also subject to their own Superiors and must remain faithful to the discipline of the institute. If the need arises, Bishops themselves are not to fail to insist on this obligation.
§3 In directing the apostolic works of religious, diocesan Bishops and religious Superiors must proceed by way of mutual consultation.
Canon 679 Bishop Forbids Residence
For a very grave reason a diocesan Bishop can forbid a member of a religious institute to remain in his diocese, provided the person's major Superior has been informed and has failed to act; the matter must immediately be reported to the Holy See.
Canon 680 Apostolic Cooperation
Organized cooperation is to be fostered among different institutes, and between them and the secular clergy. Under the direction of the Bishop, there is to be a coordination of all apostolic works and actions, with due respect for the character and purpose of each institute and the laws of its foundation.
Canon 681 Works Entrusted
§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.
Canon 682 Ecclesiastical Office
§1 If an ecclesiastical office in a diocese is to be conferred on a member of a religious institute, the religious is appointed by the diocesan Bishop on presentation by, or at least with the consent of, the competent Superior.
§2 The religious can be removed from the office at the discretion of the authority who made the appointment, with prior notice being given to the religious Superior; or by the religious Superior, with prior notice being given to the appointing authority. Neither requires the other's consent.
Canon 683 Episcopal Visitation
§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.
CHAPTER VI: SEPARATION OF MEMBERS FROM THE INSTITUTE
ARTICLE 1: TRANSFER TO ANOTHER INSTITUTE
Canon 684 Transfer
§1 Perpetually professed members cannot transfer from their own religious institute to another, except by permission of the supreme Moderators of both institutes, given with the consent of their respective councils.
§2 On completion of a probationary period of at least three years, the member can be admitted to perpetual profession in the new institute. A member who refuses to make this profession, or is not admitted to do so by the competent Superiors, is to return to the original institute, unless an indult of secularization has been obtained.
§3 For a religious to transfer from one autonomous monastery to another monastery of the same institute, federation or confederation, the consent of the major Superior of both monasteries and of the chapter of the receiving monastery is required and is sufficient, unless the institute's own law has established further conditions. A new profession is not required.
§4 The institute's own law is to determine the time and manner of the probation which must precede the member's profession in the new institute.
§5 To transfer to a secular institute or to a society of apostolic life, or to transfer from these to a religious institute, the permission of the Holy See is required and its instructions are to be followed.
Authentic Interpretation Religious means also those in temporary vows.
Canon 685 Rights of Transfers
§1 Until profession is made in the new institute, the rights and obligations of the member in the previous institute are suspended, but the vows remain. From the beginning of probation, the member is bound to observe the laws of the new institute.
§2 By profession in the new institute the member is incorporated into it, and the earlier vows, rights and obligations cease.
ARTICLE 2: DEPARTURE FROM THE INSTITUTE
Canon 686 Exclaustration
§1 With the consent of the council, the supreme Moderator can for a grave reason grant an indult of exclaustration to a finally professed member for up to three years. In the case of a cleric, this requires the prior consent of the Ordinary of the place where the cleric resides. To extend this indult, or to grant one for more than three years, is reserved to the Holy See or, in an institute of diocesan right, to the diocesan Bishop. Member with expired exclaustration is that of illicit absence, see, can 665. There should be some contact and pastoral care; this should be discussed with the member, since expectations in this regard may differ. Extensions may be granted by the Holy See once, but rarely a second time. It is understood that the institute can grant 1 one year periods, it is only when the whole time is more than 3 years that one must go to Rome for the permission. Exclaustration time requires a lot of adjustment - it requires discipline for a member to find the necessary time to discern, with all the distractions of transition, living and working. Civil law issues include implied agency relationship, or negligent entrustment of roles and assets, negligent supervision. Take care if an exclaustrated member may have access / opportunity for malfeasance, for their sake, the good of the public, and the potential liability of the institute.
§2 Only the Apostolic See can grant an indult of exclaustration for cloistered nuns.
§3 At the request of the supreme Moderator acting with the consent of the 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 end only with the permission of the imposing authority. Granted rarely. Since it implicates rights, process for dismissal must be used: warnings, right of defense, etc.]
Leave of Absence is simple permission to be absent. It was used under the 1917 code to avoid going to Rome for exclaustration. Current practice in this regard is often a hold over from that period.
Canon 687 Effects of Exclaustration
Exclaustrated members are dispensed from obligations incompatible with their new condition. 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. Live poverty: simply, turning over excess income, non-ownership. However, if members are planning to depart, the accountability is relaxed. Member should be self-supporting, but Can 670 requires equity and charity. Duty of celibate chastity remains. Habit may raise expectations and implied agency in civil law.
Canon 688 Temporary Professed
§1 A person who, on completion of the time of temporary profession, wishes to leave the institute, is free to do so.
§2 A person who, during the time of temporary profession, for a grave reason asks to leave the institute, can obtain an indult to leave. In an institute of pontifical right, this indult can be given by the supreme Moderator with the consent of his or her council. In institutes of diocesan right and in the monasteries mentioned in can. 615, the indult must, for validity, be confirmed by the Bishop in whose diocese is located the house to which the person is assigned.
Canon 689 Exclusion From Further Profession
§1 The competent major Superior, after consulting his or council, can for just reasons exclude a member from making further profession on the completion of temporary profession.
§2 Even though contracted after profession, a physical or psychological infirmity which, in the judgment of experts, renders the member mentioned in §1 unsuited to lead a life in the institute, constitutes a reason for not admitting the member to renewal of profession or to perpetual profession, unless the infirmity was contracted through the negligence of the institute or because of work performed in the institute.
§3 A religious who becomes insane during the period of temporary vows cannot be dismissed from the institute, even though unable to make a new profession.
Canon 690 Re-admission
§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.
Canon 691 Grounds for Departure
§1 A perpetually professed religious is not to seek an indult to leave the institute, except for very grave reasons, weighed before the Lord. The petition is to be presented to the supreme Moderator of the institute, who will forward it to the competent authority with his or her own opinion and that of the council.
§2 In institutes of pontifical right this indult is reserved to the Apostolic See. In institutes of diocesan right the indult can be granted by the Bishop in whose diocese is located the house to which the religious is assigned.
Canon 692 Effect of Indult
An indult to leave the institute, which is lawfully granted and notified to the member, by virtue of the law itself carries with it, unless it has been rejected by the member in the act of notification, a dispensation from the vows and from all obligations arising from profession.
Canon 693 Incardination after Departure
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: DISMISSAL OF MEMBERS
Canon 694 Automatic Dismissal
§1 A member is to be considered automatically dismissed if he or she:
1° has notoriously defected from the catholic faith;
2° has contracted marriage or attempted to do so, even civilly.
§2 In these cases the major Superior with his or her council must, after collecting the evidence, without delay make a declaration of the fact, so that the dismissal is juridically established.
Canon 695 Obligatory Dismissal
§1 A member must be dismissed for the offenses mentioned in cann. 1397, 1398 and 1395, unless, for the offenses mentioned in can. 1395 §2, the Superior judges that dismissal is not absolutely necessary; and that sufficient provision can be made in some other way for the amendment of the member, the restoration of justice and the reparation of scandal.
§2 In these cases the major Superior is to collect the evidence concerning the facts and the imputability of the offense The accusation and the evidence are then to be presented to the member, who shall be given the opportunity for defense All the acts, signed by the major Superior and the notary, are to be forwarded, together with the written and signed replies of the member, to the supreme Moderator.
Canon 696 Cause for Dismissal
§1 A member can be dismissed for other causes, provided they are grave, external, imputable and juridically proven. Among such causes are: habitual neglect of the obligations of consecrated life; repeated violations of the sacred bonds; obstinate disobedience to the lawful orders of Superiors in grave matters; grave scandal arising from the culpable behavior of the member; obstinate attachment to, or diffusion of, teachings condemned by the magisterium of the Church; public adherence to materialistic or atheistic ideologies; the unlawful absence mentioned in 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.
Canon 697 Development of Record
§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 defense If the warning has no effect, another warning is to be given after an interval of at least fifteen days;
3° if this latter warning is also ineffectual, and the major Superior with his or her council judges that there is sufficient proof of incorrigibility, and that the defense by the member is insufficient, after fifteen days from the last warning have passed in vain all the acts, signed by the major Superior and the notary, are to be forwarded, together with the signed replies of the member, to the supreme Moderator.
Canon 698 Communication with Supreme Moderator
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.
Canon 699 Dismissal Decision
§1 The supreme Moderator and his or her council are to proceed in collegial fashion in accurately weighing the evidence, the arguments, and the defense For validity, the council must comprise at least four members. If by a secret vote it is decided to dismiss the religious, a decree of dismissal is to be drawn up, which for validity must express at least in summary form the reasons in law and in fact.
§2 In the autonomous monasteries mentioned in can. 615, the judgment about dismissal belongs to the diocesan Bishop. The Superior is to submit the acts to him after they have been reviewed by the council.
Canon 700 Decree of Dismissal
The decree of dismissal has no effect unless it is confirmed by the Holy See, to whom the decree and all the acts are to be forwarded. If the matter concerns an institute of diocesan right, the confirmation belongs to the Bishop in whose diocese is located the house to which the religious belongs. For validity the decree must indicate the right of the person dismissed to have recourse to the competent authority within ten days of receiving notification of the decree. The recourse has a suspensive effect.
Canon 701 Effect of Dismissal
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.
Canon 702 Who Misses
§1 Whoever lawfully leaves a religious institute or is lawfully dismissed from one, cannot claim anything from the institute for any work done in it.
§2 The institute, however, is to show equity and evangelical charity towards the member who is separated from it.
Canon 703 Expulsion
§1 In a case of grave external scandal, or of extremely grave and imminent harm to the institute, a member can be expelled forthwith from the house by the major Superior. If there is danger in delay, this can be done by the local Superior with the consent of his or her council. The major Superior, if need be, is to introduce a process of dismissal in accordance with the norms of law, or refer the matter to the Apostolic See.
Canon 704 Report Separated Members
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.
CHAPTER VII: RELIGIOUS RAISED TO THE EPISCOPATE
Canon 705 Released from Religious obligations
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.
Authentic Interpretation Religious Bishops loose active and passive vote.
Canon 706 Administration of Goods
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.
Canon 707 Emeritus
§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.
CHAPTER VIII: CONFERENCES OF MAJOR SUPERIORS
Canon 708 Establishment
Major Superiors can usefully meet together in conferences and councils, so that by combined effort they may work to achieve more fully the purpose of each institute, while respecting the autonomy, nature and spirit of each. They can also deal with affairs which are common to all, and work to establish suitable coordination and cooperation with Episcopal Conferences and with individual Bishops.
Canon 709 Statutes
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.
TITLE III: SECULAR INSTITUTES
(Cann. 710 - 730)
Canon 710 Definition
A secular institute is an institute of consecrated life in which Christ's faithful, living in the world, strive for the perfection of charity and endeavor to contribute to the sanctification of the world, especially from within.
Canon 711 Canonical Status
Without prejudice to the provisions of the law concerning institutes of consecrated life, consecration as a member of a secular institute does not change the member's canonical status among the people of God, be it lay or clerical.
Canon 712 Sacred Bonds
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.
Canon 713 Apostolic Activity
§1 Members of these institutes express and exercise their special consecration in apostolic activity. Like a leaven, they endeavor to permeate everything with an evangelical spirit for the strengthening and growth of the Body of Christ.
§2 Lay members participate in the evangelizing mission of the Church in the world and from within the world. They do this by their witness of Christian life and of fidelity to their consecration, and by the assistance they give in directing temporal affairs to God and in animating the world by the power of the Gospel. They also offer their cooperation to serve the ecclesial community in accordance with the secular manner of life proper to them.
§3 Clerical members, by the witness of their consecrated life, especially in the presbyterium, support their colleagues by a distinctive apostolic charity, and in the people of God they further the sanctification of the world by their sacred ministry.
Canon 714 Life in the World
Members are to live their lives in the ordinary conditions of the world, either alone, in their families or in fraternal groups, in accordance with the constitutions.
Canon 715 Clerical members
§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.
Canon 716 Active members
§1 All members are to take an active part in the life of the institute, in accordance with the institute's own law.
§2 Members of the same institute are to preserve a rapport with one another, carefully fostering a unity of spirit and a genuine fraternity.
Canon 717 Governance
§1 The constitutions are to determine the institute's own form of governance. They are to define the period of time for which Moderators exercise their office and the manner in which they are to be designated.
§2 No one is to be designated supreme Moderator unless definitively incorporated into the institute.
§3 Those entrusted with the governance of the institute are to ensure that its unity of spirit is maintained, and that the active participation of the members is developed.
Canon 718 Temporal Goods
The administration of the goods of the institute must express and foster evangelical poverty. It is governed by the norms of Book V on 'The Temporal Goods of the Church', and by the institute's own law. This same law of the institute is also to define the obligations, especially the financial obligations, of the institute towards the members engaged in its work.
Canon 719 Obligations of Members
§1 Members are to respond faithfully to their vocation, and their apostolic action is to proceed from their union with Christ. They are therefore to devote themselves assiduously to prayer and engage in a suitable way in the reading of the sacred Scriptures. They are to make an annual retreat and perform other spiritual exercises in accordance with their own law.
§2 The celebration of the Eucharist, daily where possible, is to be the source and strength of their whole consecrated life.
§3 They are to go freely to the sacrament of penance and receive it frequently.
§4 They are to be free to obtain the necessary spiritual direction. Should they so desire, they may seek such counsel even from their Moderators.
Canon 720 Who Admits
The right of admitting a person to the institute, or to probation, or to the taking of sacred bonds, both temporary and perpetual or definitive, belongs to the major Moderators with their council, in accordance with the constitutions.
Canon 721 Admission
§1 The following are invalidly admitted to initial probation:
1° one who has not yet attained majority;
2° one who is currently bound by a sacred bond in another institute of consecrated life, or incorporated in a society of apostolic life;
3° a spouse, while the marriage lasts.
§2 The constitutions can establish other impediments to admission, even for validity, or attach conditions to it.
§3 For a person to be received into the institute, that degree of maturity is required which is necessary to live the life of the institute properly.
Canon 722 Initial Probation
§1 The initial probation is to be so arranged that the candidates can better recognize their divine vocation and their vocation to that institute, and be trained in the spirit and manner of life of the institute.
§2 Candidates are to be properly formed to live a life according to the evangelical counsels. They are to be taught how to translate this life completely into their apostolate, applying those forms of evangelistic which best correspond to the purpose, spirit and character of the institute.
§3 The constitutions are to define the manner and time of the probation to be made before the first sacred bonds are undertaken in the institute; this time is to be not less than two years.
Canon 723 First Incorporation
§1 When the time of the initial probation has been completed, a candidate who is judged suitable is either to undertake the three evangelical counsels, sealed with a sacred bond, or to leave the institute.
§2 This first incorporation is to be temporary, in accordance with the constitutions, but is to be for not less than five years.
§3 When this period of incorporation has been completed, a member who is judged suitable is to be admitted to perpetual, or definitive incorporation, that is, by temporary bonds always to be renewed.
§4 Definitive incorporation is equivalent to perpetual incorporation in respect of defined juridical effects, which are to be established in the constitutions.
Canon 724 Sacred Bonds
§1 After the first acceptance of the sacred bonds, formation is to continue without interruption in accordance with the constitutions.
§2 Members are to be formed simultaneously in matters human and divine. The Moderators of the institute are to have a serious concern for the continued spiritual formation of the members.
Canon 725 Associate Members
The institute can associate with itself, by some form of bond determined in the constitutions, other members of Christ's faithful who seek evangelical perfection according to the spirit of the institute and who share in its mission.
Canon 726 Temporary Incorporation
§1 When the time of temporary incorporation is completed, the member can freely leave the institute, or can for a just cause be excluded from renewing the sacred bonds by the major Moderator, after consultation with his or her council.
§2 A temporarily incorporated member who freely requests it, can for a grave reason be granted an indult to leave the institute by the supreme Moderator, with the consent of the council.
Canon 727 Departure
§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.
Canon 728 Departure
When an indult to leave the institute has been lawfully granted, all bonds, rights and obligations deriving from incorporation cease.
Canon 729 Dismissal
A member is dismissed from the institute in accordance with the norms of cann. 694 and 695. The constitutions are also to determine other reasons for dismissal, provided they are proportionately grave, external, imputable and juridically proven. The procedure established in cann. 697-700 is to be observed, and the provisions of can. 701 apply to the person who is dismissed.
Canon 730 Transfer
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.
SECTION II: SOCIETIES OF APOSTOLIC LIFE
(Cann. 731 - 755)
Canon 731 Definition
§1 Societies of apostolic life resemble institutes of consecrated life. Their members, without taking religious vows, pursue the apostolic purpose proper to each society. Living a fraternal life in common in their own special manner, they strive for the perfection of charity through the observance of the constitutions.
§2 Among these societies are some in which the members, through a bond defined in the constitutions, undertake to live the evangelical counsels.
Canon 732 Other Canons
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.
Canon 733 Establishing Houses
§1 A house is established and a local community is constituted by the competent authority of the society, with the prior written consent of the diocesan Bishop. The Bishop must also be consulted when there is question of its suppression.
§2 Consent to establish a house carries with it the right to have at least an oratory in which the blessed Eucharist is celebrated and reserved.
Canon 734 Constitutions
The governance of the society is determined by the constitutions, without prejudice, in accordance with the nature of each society, to cann. 617—633.
Canon 735 Admission
§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 program of doctrinal, spiritual and apostolic probation and formation that is adapted to the purpose and character of the society. In this way members can recognize their divine vocation and be suitably prepared for the mission and way of life of the society.
Canon 736 Incardination
§1 In clerical societies, the clerics are incardinated into the society, unless the constitutions determine otherwise.
§2 The norms concerning the secular clergy apply to the program of studies and reception of orders, without prejudice to §1.
Canon 737 Incorporation
For the members, incorporation carries with it the rights and obligations defined in the constitutions. On the part of the society, it implies a responsibility to lead the members towards the purpose of their vocation, in accordance with the constitutions.
Canon 738 Authority
§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.
Canon 739 Clerical Obligations
Apart from the obligations which derive from their constitutions, members are bound by the common obligations of clerics, unless the nature of things or the context indicates otherwise.
Canon 740 Live in Houses
Members must live in a lawfully constituted house or community and observe a common life, in accordance with their own law. This same law also governs their absence from the house or community.
Canon 741 Juridic Personality
§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.
Canon 742 Departure
The departure and dismissal of a member who is not definitively incorporated are governed by the constitutions of each society.
Canon 743 Dispensation
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.
Canon 744 Transfer
§1 Permission for a member who is definitively incorporated to transfer to another society of apostolic life is likewise reserved to the supreme Moderator with the consent of his or her council. The rights and obligations of the member's own society are suspended for the time being, but the member has the right to return to it before definitive incorporation into the new society.
§2 To transfer to an institute of consecrated life or from such an institute to a society of apostolic life, the permission of the Holy See is required, and its instructions are to be followed.
Canon 745 Live Outside
The supreme Moderator, with the consent of his or her council, can grant a definitively incorporated member an indult to live outside the society for a period not exceeding three years. Rights and obligations which are not compatible with this new condition are suspended, but the member remains under the care of the Moderators. If the member is a cleric, the consent of the Ordinary of the place where he must reside is also required, and the member remains under the care of the Ordinary and dependent upon him.
Canon 746 Dismissal
For the dismissal of a member who is definitively incorporated, the provisions of cann. 694-704 are to be observed, making the appropriate adjustments. Book 3 | | |
BOOK III : THE TEACHING OFFICE OF THE CHURCH 1. BOOK III : THE TEACHING OFFICE OF THE CHURCH 1. TITLE I: MINISTRY OF THE DIVINE WORD 1. CHAPTER I : PREACHING THE WORD OF GOD 2. CHAPTER II : CATECHETICAL FORMATION 2. TITLE II: MISSIONARY ACTIVITY OF THE CHURCH 3. TITLE III: CATHOLIC EDUCATION 3. CHAPTER I : SCHOOLS 4. CHAPTER II : CATHOLIC UNIVERSITIES 5. CHAPTER III : ECCLESIASTICAL UNIVERSITIES 4. TITLE IV : SOCIAL COMMUNICATION 5. TITLE V: THE PROFESSION OF FAITH 2. Pastor Bonus |

Book Three - Teaching Office - Organization of the Magisterium - Book Three can be studied under different aspects. * ECCLESIAE MUNERE DOCENDI - it is the task of the complete church, ecclesiae. Three munera was developed in the 19th C protestants in Germany, later brought into Catholic usage. 87 Canons, much of what is communicated is theological - but who speaks, who has the right to declare in the name of the church, this is law: homily, teaching catholic schools. The right can be taken away, and sometimes the teaching isn't in accord with the controller of doctrine. Controllers can correct, publicly declare official position in contradistinction, eg, CDF. There is a lot of law outside the code in this area. * Transmissio - transmitting the teaching of Jesus to succeeding generations Jesus didn't write anything, and now we have catechisms and councils. Jesus had a way of living, doing, interacting. Then he commented on what he did. Now we have depositum fidae which gathered what Jesus did and taught and successive reflections on it. Finally norms were written on the transmissio. The church is essentially communicatio of Jesus - it has a missionary character. We cannot imagine a church without this aspect. * Some say that in general the munus docendi seems to be the resonsibility of the hierarchs and the accent is too much on clerics; but it is the responsibilility of the ecclesiae. The Hierarcs are responsible for difiniendi, and transmittendi for the lay people. There are a lot of canons where lay people are involved. Canon 213 - the Christian faithful have the right to the assistance of the word of God and in Canon 217 right to christian education. Canon 229 Christian faithful have the right to proclaim and defend christian teaching and take part in the apostolate and to obtain academic degrees. Book by Alexandre Faivre wrote on the third century development of the distinction between clergy and lay: Ordonnez la fraternite. At the beginning of the church catechesis was a lay responsibility, this was gradually clericized. Some say 'lay' wasn't used for women, though the gospels and St. Paul speaks of women assisting. Lay teachers of theology have an academic bent - but can academic be divorced from one's own faith, or from pastoral work. Canon 228 - Lay people who are suitable can be admitted to offices and functions; this is new in the 1983 code as a part of the declericalization of the church. Outside the code, two elements are needed to communicate faith: sufficient knowledge and an understanding of the socio-cultural-religio-economic reality of the person you are communicating to. Message and receiver are the poles of the sender's formulation of communication: message and experience, personal and collective. For lay people, they risk not knowing, for clergy, they risk having no experience. * Clear distinction between lay and clergy; and sufficient number of clergy to fulfill the responsibilities. Can we change the criteria to widen the pool? Go into all the theological faculties and invite the best of the students. Don't just sit back and wait for them - this is also a munus. Lay people have an important role in the the communication of the faith: Canon 785 - Catechesis are organizing liturgy, teaching the faith, organizing the faithful - why not ordain them. Canon 796, teachers 804.2 teachers * Definitio - Early on there came the problem not only of transmitting, but of correct understanding. In the beginning of the 3rd C?? there came a discussion about what is correct understanding. Again after centuries, there came norms about the definition of doctrine. It is not in a particular book or chapter, but is found here and there throughout the book. Magisterium Maior - people who have more, Magister - teacher, one who knows more. Ministerium - minor - lesser, the one following. These became the technical terms for the decider and the follower. * Book Three starts with 9 Canons without a title - introductory material. There can be a doubt about the role of the canons. Title 1, Ministry of the divine word also starts with canons without a title. Then chapter 1 on Preaching and chapter 2 on Catechetics. Title 2 is on the mission activity of the church. Only two canons in the old code even mentioned missions, one said that only the pope had responsibility for all missions. The second canon spoke about parish missions every 10 years. Title 3 is on Catholic Education, beginning with some general Canons without a title. Then three chapters on Schools, Higher Education and Ecclesiastical Universities and Faculties - under the direct control of church authorities; these were originally created for training of those who lead the church in higher responsibilities. Title 4 is on Instruments of Social Communication - and books in particular. If they could figure out how to say internet in latin, they might make norms. Title 5 contains only one canon (833), on administering the profession of faith. From time to time a text is promulgated, in 1989 a new text was published in L'OR with three extra paragraphs. This came just before the effective date of the Pastor Bonus Constitution reorganization of the Roman Curia - the oath of fidelity was also given. It later came in AAS - it was a bit late for the need. This title doesn't have to be in this book, but it was here in the old codex. * In the old canon, there are some parallels with Book 3 de rebus. (Pars prima, de sacramentis, Pars secundus - de locis et temporalis sacris, (now book 4) Pars tertio - de culta divino (part in book 4), Pars quatro de magisterio ecclesiastico - now book three. It is not just the task of bishops. In the old book 2, de personis it was first clericis (genere, then specialae - all offices were found there, so that power was just for clerics), then religiosis, then laicis. Also teaching was just magisterial.) De divini verbi praedicationi - now it is ministeri. Old code then had de seminariis - which moved from book three to book two. Nothing on the missions. * The Eastern Code is also important. The teaching function is not a book, but a title 15 on Ecclesiastical Magisterium. * Schema of 1977 with the first redaction of the canons for book 3 - at that time 85 canons.
Canon 747 Duty to Teach * The Church has the right and duty to teach the gospels to all peoples. It is a right that is inherent in being church. This is declarative, it is not law. An affirmation, a mission statement. The first canon of books 5-7 declares right of the church to do certain things. Canon 1254 (Book 5) also declares the right of the church to own and administer temporal goods. Canon 1311 (Book 6) declares the right to coerce offending members with penal sanctions. Canon 1401 (Book 7) declares right to judge ecclesiastical matters. Keep in mind that this is not formal law, and it binds no one but Catholics. It could be based on Constitutional norm on religious freedom, and international conventions on human rights: e.g. Based on the universally accepted principles of religious freedom . . . . * It is also an obligatio. * The church claims the right because the Lord has entrusted the depositum fidei to the church - a complete message. The church has the right to: 1) custodiret, 2) intimius perscrutaretur, 3) fideliter annuntiaret atque 4) exponeret. * Here and there you find another way to say the same thing. CCEO 601 says: especially bishops, in an adapted manner: answering the perennial questions concerning the meaning of life and having examined the signs of the times in the light of the gospel, recommending Christian solutions to the more pressing problems, so that the light of Christ might shine everywhere more brightly illuminating all people. This is a more dynamic concept of faith, more than depositum which seems more static. Faith and culture in mutually enriching dialog. In 1911, in Strasbourg a professor became bishop of Speyer, and in 1918 he became bishop of Munich and later cardinal - his motto: vox temporis, vox dei Faulhaber. * 1) Independent of worldly power 2) to all peoples; 3) 1322.2 of old codex * 2 The Church has the right always and everywhere to 1) proclaim moral principles, even in respect of the social order, and 2) to make judgments about any human matter in so far as this is required by fundamental human rights or the salvation of souls. So religion isn't a private affair, e.g. enforced secularism is not in accord with this. 595 CCEO. * Being a follower of Christ has an impact on our complete life. * Being christian requires also a social structure to support the life. * The canon is a declaratio starting from the nature of church. A non-juridic introduction to a juridic chapter. * Bibliography: * Codex - latin first, then all the translations, then see the sources at the bottom in the CSLA edition, 1917 code (with its sources), Papal Decrees, Vatican Documents, Later Documents. * Commentaries - first information: 1) Munsterischer Commentar - leaflet updated. 2) Aymans-Morsdorf. Books 1-4 3) CLSA 2nd ed. quality depends on the author 4) Handbuch des Katholchen recht 5) Codigo de derecho canonico - footnote commentary Salamanca 6) Letter and Spirit GB - superficial 7) Codigo de derecho canonico Opus dei (This is start for Cabarros) 8) Comentario Exegetico al codigo de derecho canonico Navarra - multivolume Detailed commentary - quality varies with author. Fuentes, connexus. Translated into english 9) Code of Canon Law annotated - Ottawa - footnote commentary. Appendices very interesting: further universal law, authentic interpretations and bishop's conference complementary norms (also in French). * This section has been very much reordered from the 1917 code, reflecting Vatican 2, and some sections have been moved out.
Canon 748 Truth 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. From Dignitatis Humanae, 1, 2, 14. 2. Unlawful to force an embrace the catholic faith against their conscience. Old code: 1351, CCEO 586; Could it also say no one is permitted to force a person to stay in the church against conscience. It's important to take conscience seriously - it is the contact of a person with God. If this is lacking, there is formal adherence to the rules, but where is the power of the truth to save. See compassionate orthodoxy.
Canon 749 Infallibility 1. It is not infallible unless manifestly demonstrated as such. E.g. on women's priesthood - there was argumentation whether it was infallible or not. So there was doubt showing that it wasn't manifestly demonstrated. Four criteria - 1) faith and morals; 2) formality - clearly say he is intending infallibility; 3) say he is teaching as the highest teacher in the church; 4) reference to Luke 22:32 referring to the role of peter to confirm the brothers in the faith. The college of bishops is infallible 1) speaking all together in ecumenical council, on faith and morals, saying it is revealed or is in historic connection with revelation; 2) in mundo dispersi - codex doesn't describe this possibility; 3) must be in communion with the pope. C: If they make a mistake, it would be problematic, so they decided they couldn't make mistakes (pastor aeternus). US: narrowly circumscribed and almost never exercised - pope rarely makes a claim of teaching infallibly, twice between Vatican 1 and Vatican 2.
Canon 750 Heretics
Motu Proprio - Ad Tuendem Fidem - 1998 added paragraph 2 with more things to be accepted and held, but not believed like things in paragraph 1. Also changed canon 1371 to give just penalty to those who pertinaciter reject, after official warning. The same motu proprio changed some canons in the Eastern Code. CDF also gave extra commentary concerning the definitive formula for the professio fidei 1989. C: Divine and catholic faith requires: 1) it must be in the word of God, written or orally transmitted; 2) it must be presented as such. US: reception by the christian faithful is a part of the indicia of truth.
Canon 751
Heretics have to be motivated - not in the pub. 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 communion with the members of the church subject to him. Canon 1364 punishes these with excommunication. Those who go in good faith don't incur the censure, nor do those under 16 years old.
US: Protestants are not longer called schismatics, etc. You have to be Catholic to be so described, and this should be narrowly construed - as used in penal process. Some of the penalties are ipso iure, ipso facto or latae sententiae, which is anomylous because the offenses are complex, nuanced and vigorously disputed. Usually only when a bishop is out of control, or the person admits the position and is in bad faith. Placement of this canon is also anomylous.
Canon 752 Religious Deference. is required to anthing the pope or college of bishops declare, even if not by definitive act but by ordinary magisterium - i.e. even if they aren't sure, the members have to follow. US: "obsequium" in Latin is more deference or respect than submission, the translation conflates with ascent of faith. The penalty for this was strengthened at the last revision of the code in Canon 1371.1
Canon 753 Authoritative Instructors.
Bishops are authoritative instructors, even if not infallible and members are bound by religious submission i.e. passive faith. So there is only one thinking believer in the diocese.
Apostolos Suos Bishops all together are doctores et magistri, the conference of bishops. 1998 - intermediate level of practical cooperation - not an intermediate level between local bishop and rome - no doctrinal responsibility. Only with unanimous documents can be doctrinal - if it's 2/3, it can become official document if it gets the recognitio from Holy See. US: Bishops aren't infallible. Eastern code is more nuanced.
Canon 754 Decrees.
Truth by decree to be "observed. - This comes from an era when truth could be imposed. But Dignitatis Humanae says "the truth imposes itself solely by the force of its own truth as it enters the mind gently and powerfully."
Canon 755 Ecumenism.
Holy See and the College of Bishops are responsible for the ecumenical movement. There are several ecumenical directories - Number 3 - 1993. Directorium is published by a congregation with doctrinal and juridical texts. It is not new law, but a restatement of the law; a handbook with law and doctrine on a certain topic. Compendium - seems to be more of a private collection. US: much broader ecumenism than the 1917 code.
TITLE I: MINISTRY OF THE DIVINE WORD
Canon 756 Munus Docendi
756.1 Canons on transmission of the word of God. Ministry of the divine word – we are not masters – not my word, not your word, but THE word. All are commissioned by Christ to preach the word. The Roman Pontiff and bishops claim to insure the continuity of the word: 336, 337, declaring what is correct or not correct. The different categories of the faithful have different responsibilities and roles. This is quite general for the universal church. If the wrong person preaches, it doesn't make it invalid – and it's not against divine law but in accord with the great commission. But the church sets up rules on this. US: Four canons on responsibilities Hierarchs - munus / Clerics - officium/servire / Religious - convenienter / Lay testes, vocari. two on scope.
756.2 An individual bishop is the moderator of the ministry of the word within the local church (canon 381 – omnis potestas of the diocesan bishop). Diocesan bishop has the last word in his particular church. Canon 447 – a conference of bishops can coniunctum exercise functions. Here in this canon as well, the bishop exercises munus docendi coniunctum. Coniunctum with bishops and also in a particular council – Canons 439ff. Particular councils can be plenary or provincial (particular). Canon 445. Bishop's conference has a limited munus docendi, it can promulgate documents only if unanimously approved, or 2/3 with positive recognitio by the holy see.
Canon 757 Presbyters.
Presbyters are coworkers in the gospels. Proprium est... - I.e. it is proper to the role of priest. Servire the deacons. US: in the East, preaching is the primary role for all clerics.
Canon 758 Religious.
Consecrated religious give witness and are called to proclamation of the gospel.
Canon 759 Lay People.
Laypeople are also witnesses and can be called to cooperate in the exercise of the ministry of the word. Vi baptismatis.... Transmission of faith is between individuals in the context of real life and good example. So they can speak in the name of God and people are listening. Bishops / priests speak in the name of the church, and they have to make laws to make people listen. US: this is softer than Vatican 2 which said lay people have the office and right from baptism.
Canon 760 Complete and Faithful.
Mystery of Christ is to be set forth completely and faithfully from Scripture, Tradition (which basically is confined to some strains of Western European tradition), liturgy, teaching and life of the church. Munus docendi and sanctificandi are linked. Canon 392 Control the word. LDF: sometimes we speak a language to difficult – or perhaps disconnected from life.
Canon 761 Preaching & Catechesis.
Pride of place for preaching and catechesis, but also schools, higher education, social communication. Mandatum is needed for speaking in name of church. US: Christian doctrine is here substituted for word of God - being taken from CD.
CHAPTER I : PREACHING THE WORD OF GOD
English Latin
Canon 762 Preaching.
Preaching is done in the context of liturgy – liturgical presiders first: sacred ministers. Ministers are to hold the ministry of preaching in high esteem. Jesus gave the great commandment to preach, but this canon limits it to ordained ministers.
Canon 763 Bishops.
Bishops preach everywhere – they claim in this canon the right to speak – unless the local bishop expressly forbids it in particular cases. This includes churches and oratories of religious. See canons 1214, 1223.
Canon 764 Ordained.
Priests and deacons have the right to preach everywhere, they have to have at least the presumed consent of the rector, but this canon gives the bishop the right to regulate this. US: four limits: bishop's regulation or permission, rector or superior's permission.
Canon 765 Religious Houses.
Preaching to religious in their churches requires permission of the competent superior. For a religious house, inside actions don't require permission of the bishop.
Canon 766 Laity.
Laity may be allowed to preach 1) if necessary, 2) advantageous, or 3) according to provisions of the Bishops' Conference. Clerics and bishop can preach even if not necessary or advantageous? Link between preaching and Eucharist: Eucharist appears as the source and summit of all preaching of the Gospel (PO, 5). Preaching in the strict sense is only speaking in the sacred place in liturgy. Catechetical instruction isn't preaching, even if done in church. Can be permitted by the rector – as one responsible for the church. No norms in Belgium. Preaching is public speaking in a liturgical context, mission talks, presentation of ministries.
Canon 767 At Mass.
1) Preaching at Eucharist after Gospel is the homily and is reserved here to priest or deacon. 2) Sunday and holyday must have homily. 3) If there are enough people, then on weekdays as well there should be a short homily as well. In paragraph three, mass is mentioned, but in paragraph one, Mass isn't mentioned. So what about at baptism? Apparently, that isn't homily, but preaching. 4) Pastor or rector is the enforcer.
Preaching is general, homily is specific - exclusive for priest or deacon - question without answer: can a bishop dispense from this? Pontifical Council said no, can't dispense because it is part of universal norms. Though there are ways of working around it. This is without regard to even a lack of minimum of quality. US: some canonists say homily means the priest is doing it, if lay person preaches, it is called something else. Some say this norm is constitutive, but it's hard to square with what we know of apostolic times.
Authentic Interpretation PCILT, based on canon 86 said this can't be dispensed because it's essential to church's Ordo Celebrandi – this is the official position – the theoretical rational is lack of training of laity, but this is not tenable in today's society. There are of course solutions – speaking at other times, etc. Suggests it's exceptional, presuming lack of priests is minor transitory issue, it will be solved in the next week or two. US: diocesan bishop has wide latitude to allow it if he wants to.
Canon 768 Content.
Those who preach are to first and foremost to set out things necessary to believe and practice for the glory of God and salvation of all. Based on CD 12.
Canon 769 Adapted.
Preaching should be adapted to hearers and circumstances. This is general advice, this isn't law.
Canon 770 Missions.
Missions and retreats should be given.
Canon 771 Outreach.
1) Obligation for pastors to be solicitous that the word of God is preached to those who can't be there (the sick, inmates, military), and 2) to preach also to non-believers.
Canon 772 Oversight.
1) all to observe the norms of the diocesan bishop. 2) In radio or television preaching bishop's conference norms are to be followed.
CHAPTER II : CATECHETICAL FORMATION
English Latin Catechetics is the systematic, organic presentation of Christian doctrine with a view to initiation into the Christian life. E.g. the Catechism of the Catholic Church. Some notes: catechesis was different in the beginning and theology began in Alexandria in 2nd 3rd century. Thousands of scrolls. Lay initiative to start dialog between hellenistic culture and Christianity. Catechesis is instruction after baptism for the various groups. First handbook is a work of St. Augustine – de catechezandi rudibus: 1) preparation for baptism; 2) practical examples of Christian life. It was on how to organize a Christian life, not a transmission of doctrine as now. Middle ages it was for parents, priests, catechists, but no distinction between general preaching and catechesis. 1514 Lateran IV began systemization, and mandated by Trent – with specific instruction for Sundays and feastdays for children and parents, thus distinguishing preaching and catechesis. 1528 Nuremberg saw the first catechism in questions and answers. Martin Luther also developed two catechisms, a small one and a larger one. Peter Canesius, German Jesuit 1521-1597 published 3 catechisms. Translated into 15 languages and 200 editions. The Roman Catechism (also called, the Catechism of the Council of Trent of Borromeo) was first published in 1566 under the authority of the Council of Trent. It was not intended for common use by the laity, but as a general use reference book for priests and bishops. Very common in the 18th century. 1917 code had little on catechetics. Universal Catechism planned by Pius X but never finished; Gaspari made one in 1930 with parts for 1) very young children, 2) teens, 3) adults (Q&A); the Dutch catechism in 1966; another universal one in 1992 from bishops synod in 1985. Catechesis was discussed in recent synods. Evangelii Nuntiandi 1975, Catechesi Tradendi 1979. Christus Dominus 1965 mentions need for directories, including for catechetics which was published in 1971 by Congregation for Clergy, new edition 1997 (directory is doctrine and juridic document with a summary of a topic). Code has general requirement to give instruction, and people have a right to instruction in Canon 217. Canon 229.1 lay persons have a right to obtain Christian doctrine so that they can live, proclaim, defend it and exercise the apostolate. As people grow, their faith needs to grow as well. May be more important than preaching because it is more direct. Difference between old and new code: now all the Christian faithful must assist. Bishops Conferences to organize this in their territory.
Canon 773 Duty
It is a serious duty of pastors and to catechize. Canon 528 requires parish priest to preach the doctrine in its entirety. This should be by the various types of groups, should be entire and should be directed to life. Canon 386 for Bishops to preach and to ensure the canons on preaching and catechetics are observed.
Canon 774 Duty of All
§1. Catechesis belongs to all members of the Church. §2. Parents above others are obliged to form their children.
Can. 775 Norms.
§1. Bishop to issue norms for catechetics. §2. The conference of bishops can prepare catechisms with Rome's approval. §3. The conference of bishops can establish a catechetical office.
Can. 776 Pastors.
A pastor is bound to take care of the catechetical formation of adults, youth, and children. Canon mandates the willing assistance of clerics, religious, laity and parents.
Can. 777 Pastors.
Pastors to catechize for 1. sacraments. 2. sacraments of initiation. 3. after initiation. 4. the impeded. 5. Support the faith of youth and adults.
Can. 778 Religious.
Religious superiors and superiors of societies of apostolic life are to take care that catechetical instruction is imparted diligently in their churches, schools, and other works entrusted to them in any way.
Can. 779 Adapted.
Use teaching aids, social communication and adapt to age and condition.
Can. 780 Catechists.
Catechists to be prepared.
TITLE II: MISSIONARY ACTIVITY OF THE CHURCH
(Cann. 781 - 792)
The old codex had three canons: 1349 - at least every 10 years a mission in the parish, following the mandates of the local ordinary - an intensive renewal of the faith life of the parish. 1350, take care of noncatholics in the territory, other territories is the sole responsibility of the Apostolic See. 1351 - None can be forced to accept the Catholic Faith. Old code said missions are responsibility of the pope, new code said it is everyone's work. This section gives only general principles for each category of the faithful.
Canon 781 Missionary Nature of the Church.
Since the church is missionary, the responsibility is to all catholics.
Canon 782 Bishops.
Responsibility is of oversight is for the pope and bishops. Every bishop is to help sponsor missionary activities.
Canon 783 Religious.
Acknowledgment but no norms or details given.
Canon 784 Lay Missionaries.
Innovation in this code: even lay people can be called.
Canon 785 Catechists.
Catechists to be used for missionary work - it gives the impression that they are specifically part of the missionary activity. To be formed in missionary schools or by missionaries. The details are not spelled out.
Canon 786 Definition.
Bring the gospel to where it is unknown, and making self-sufficient churches. Started seriously after Christian 'discovery' of Americas, Africa, Asia, so not long before 1492. They started as mission territory; then apostolic prefecture; then apostolic vicariate which is a particular church governed by a titular bishop - vicar apostolic; then diocese. Generally started by religious order - then a diocesan clergy was started, sometimes there were problems with a diocesan priest becoming bishop. Also, white priests had money from Europe, so parishes preferred them to the native priests with no money. Religious provincial also may have conflict of power with the local bishop. Rome has the money which it uses for doctrinal control. They are still under evangelization of peoples (Red Pope over 900 local churches). Would it be a possibility to have regional congregations - e.g. Asia, Africa, America, Europe, etc. Eastern Churches and Bishops are over the other churches.
Canon 787
Testimony of words and life brings the church to a dialog with the local church. There is not history for the law of missionary activity so there is no basis to make law here, though there is a corpus of exceptions known as missionary law.
Canon 788 Catechumens.
Canon 789 Neophyte.
Canon 790 Missionary Bishops.
Even missionaries are subject to the bishop.
Canon 791 Worldwide Support for Missions.
Promote missionary vocations, each diocese has a priest dedicated, annual day for missions and a collection for missions.
Canon 792 Support of Study Abroad.
Develop particular churches and become inculturated locally with native people worldwide.
'''Congregatio Evangelizatione Populi''' Congregation is a department to assist the pope in universal responsibilities for a specific field. Originally an ad hoc group of cardinals for a specific problem. In the 16th century, congregations became permanent institutions. Also new congregations were formed. This was from the generalized bureacratization of states and the church as well. 1588 - was the first stabilizations. Members are the Cardinals - from Paul VI (Vatican II) also bishops for 5 years terms. Dicastry is the umbrella term (Judge). 1622 this congregation started to bring the control of mission activity from the control Spanish and Portuguese kings. There were also groups for protestant europe and italians in greece.
Congregation for the Evangelization of Peoples. started by Pius V and Gregorio XIII of the gregorian univesity For the East and West Indies, Protestants in Europe, the Greeks in Italy. Group of cardinals invited by the pope to give advice in a particular area. The curia is ad hoc gatherings than have been stabilized as permanent institutions. Same cardinals can be in several congregations.
De propaganda fidei was founded in 1599, but soon it was stopped. 1622 Gregorio XV reestablished it as a definite institution. This had the scope of propagation of the faith and unity of the church especially in the recently 'discovered' regions.
Ad Gentes of Vatican 2 said church is mission but it is more prevelant in the 'mission territories'. (Catechesis means to make known by oral communication.) AG 6. Territories dependent are often those finanically in need. PB 85-86 Promotes theology, pastoral work, and practices. Dicastry for coordination of missionary work in these regions, and bishop appointments, establishing prefectures, vicariates and dioceses with direct and exclusive jurisdiction (except CDF, Worship and Eastern Churches, and CICLSAL, Saints, Christian Education,). Half of the bishops are under this congregation. Second or third congregation in importance in curia. State, Fidei, Bishops. The also have a say in missionaries. They study the quinquenial reports. (Canon 360 Roman Curia works in the name of the Pope. More important prefects have weekly audiences - maybe they can invite one or two others.) John Paul II gave it its current name Evangelization of Peoples.
Cardinals are members for 5 years, and they meet regularly, general assembly once a year - a limited number of bishops are there as well. National directors of pontifical missionary works, secretary of the congregations.
TITLE III: CATHOLIC EDUCATION
(Cann. 793 - 795) Not hard law here - more principles and exhortation.
Canon 793 Parents.
§1 Parents and guardians have the right and obligation to educate their children. §2 Parents have moreover the right to assistance from civil society.
Canon 794
Can. 794 §1 The Church has in a special way the duty and the right of educating. §2 Pastors of souls have the duty of making all possible arrangements so that all the faithful may avail themselves of a catholic education.
Canon 795 Integral Education.
Education must pay regard to the formation of the whole person: eternal destiny, common good of society, development of physical, moral and intellectual talents, responsibility and freedom.
CHAPTER I : SCHOOLS
(Cann 796 - 806)
Canon 796 §1 Schools Important.
Can. 796 §1 Christ’s faithful are to consider schools as of great importance. §2 There must be the closest cooperation between parents and the teachers.
Canon 797 Parental Freedom.
Parents must have a real freedom in their choice of schools. Civil society should leave freedom and provide financial support. Distributive justice: financial support so all can afford it.
Canon 798 Ensure Catholic Education.
Parents to send their children to schools that will provide for their catholic education or ensure it themselves.
Canon 799 Civil Law Strive for civil education law to provide religious and moral education in accord with the conscience of the parents. {even if they aren't urged to attend them.}
Canon 800 Right. §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.
Canon 801 Religious.
Religious dedicated to teaching should teach in schools or run their own schools which, with the consent of the diocesan Bishop, they have established.
Canon 802 Establish Schools
§1 If there are no schools in which an education is provided that is imbued with a christian spirit, the diocesan Bishop has the responsibility of ensuring that such schools are established. §2 Where it is suitable, the diocesan Bishop is to provide for the establishment of professional and technical schools, and of other schools catering for special needs.
Canon 803 Meaning
§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. Sometimes they start under church, but then later they are not there. Lay people teachers and administrators are there - how is the direction moderatur exercised? what if they loose control? The school need not be a part of a diocese or religious institute or other juridic person, it must be directed moderatur by such entity, or have it's own letter of acknowledgement. This raises the question of what civil structures would be needed for that control to be exercised. §2 Use Catholic Doctrine and teachers outstanding in doctrine and life. §3 Title of catholic to be used only with consent of the bishop.
Canon 804
§1 Education according to norms of bishop's conference. Bishop to appoint teachers. §2 Bishop to ensure quality of teachers of religion. This is respected by civil authorities in Belgium for 6 recognized religions.
Canon 805 Appointment
Bishop can appoint and remove religious teachers for religious or moral considerations.
Canon 806 Oversight
§1 Bishop can visit, inspect catholic schools, though they have internal autonomy. §2 Eduction should be outstanding. There are more than 250,000 catholic schools 42M pupils. Educating in Catholic Schools - Nov 20. 2007
CHAPTER II : CATHOLIC UNIVERSITIES
(Cann 807 - 814) English Latin Catholic University is a university originally founded by the church or accepted by the church for all disciplines with secular degrees; generally theology is taught. Church has influence, but is not the direct owner. Germany has one, France has 4, but they can't call them universities. Ecclesiastical faculty is particularly founded by the church to train the minions. More and more lay people there. Degrees are mainly canonical degrees. Under supervision of clerics and rectors approved by the holy see. These can also be organized within catholic or state universities. Canon Law and Theology at KULeuven are ecclesiastical. In 1979 John Paul II promulgated Sapientia Christiana gave details for ecclesiastical universities, a few weeks later there were norms to go with it from the Congregation for Catholic Education. In 1990 Ex Corde Ecclesiae. Bishops conference to develop norms to concretize this, Belgians didn't do this, USCCB created a flurry. The 1917 code didn't make much distinction. {Leges Ecclesiae - laws of the church published after the 1917 code. This has marginal numbers cross-referencing to the AAS. All kinds of documents with some juridical impact.}
Sapientiae Christiana - has norms for canon law faculties. #75ff. Ius publicum ecclesiasticum is church and state. Decree Institutione Catholica - changed the rules. 2002. Decree of pope is changed by the congregation.
Canon 807 Right.
Declaration: The Church has the right to establish and govern universities, for culture and development of the human person, and complement Church teaching. Concordats or state law govern granting of decrees.
Canon 808 Name.
Canonically can't be called catholic without church approval. KUL isn't a canonical juridic person.
Canon 809 Bishops Conference.
Bishop's conference should try to have universities that can teach various disciplines with Catholic view.
Canon 810 Teachers.
§1 Bishops to ensure qualified teaching with integrity of doctrine and uprightness of life. Remove if lacking. But what does this mean - and how is it enforced. Maybe it is better to just say don't attack the church, even if you may disagree.
810 §2 Bishops & Conferences have the duty and the right to see principles of catholic doctrine are faithfully observed. This can mean uncritical parroting of doctrine, or taking the church teaching seriously, so seriously that it is engaged and criticized.
Can. 811 Theology.
§1 Ensure there is theology faculty or at least chair. §2 Lectures should also all disciplines from a catholic perspectives.
Can. 812 Mandatum.
Theological professors to get mandatum. This is not considered to be canonical mission. Group of flemish bishops is competent in Flanders.
Can. 813 University Parish.
University parish and pastoral care for young people.
Can. 814
The provisions which are laid down for universities apply equally to other institutes of higher studies.
CHAPTER III : ECCLESIASTICAL UNIVERSITIES
(Cann 815 - 821)
Can. 815 Right.
Church can have ecclesiastical universities and faculties of sacred sciences. To train church functionaries. Many other documents on this matter.
Can. 816 Establishment.
§1 Established by the Apostolic See or with its approval who also have overall direction. §2 Statutes and program of studies approved by the Apostolic See. Approval is for religious institutes. Also Holy Cross Univeristy - Opus Dei in Rome. Gregorian founded by Ignatius in 1556, but pope gregory gave property in 1582. Nijmegen - lost the title. Leuven founded 1425 arts, medicine, law and canon law - 4 years later theology.
Can. 817 Degrees.
Only these universities can give canonical degrees.
Canon 818
Canons 810, 812 and 813 apply
Can. 819 Students.
Dioceses and Institutes and Holy See to send clerics, young persons or religions outstanding in character, intelligence and virtue - for the good of the church.
Can. 820 Cooperation.
Faculties to cooperate to the extent that their aims permit, cooperation even with non ecclesiastical faculties.
Canon 821 Christian Culture.
Episcopal Conference and Bishops are to provide for the establishment of institutes for higher religious studies, with theology and christian culture. KUL english program started 1988.
TITLE IV : SOCIAL COMMUNICATION
(Cann 822 - 832)
Canon 822 Use.
§1 Pastors to use means of social communication. §2 Faithful also have duty to imbue the means of social communication with a human and Christian spirit. §3 All Christ’s faithful to assist pastoral action in communication. US: positive canon from Inter merifica, Communio et Progressio and Aetatis Novae. Next canon changes tone dramatically.
Can. 823 Responsibility.
§1 Pastors have the duty and the right to ensure no ill effect; and to demand that writings on faith and morals be submitted for censorship; and to reprove writings which harm. §2 Pastors mean diocesan bishops, conferences and holy see. DF: In the past the church had effective control, but not now. Church controlled production, index of forbidden books, and people listened (abolished by Paul VI). Bishops prevented publication then index if they are published anyway. Now only the liturgical books & bibles need conformity, and faith and morals should get nihil obstat and imprimatur. Also all catechetics and educational books. Today Rome gives official translations. Even law can't be printed without permission. Faith and morals is a specific notion in law. US: Taken from Holy Office Instruction.
Can. 824 Imprimatur.
§1 Imprimatur from author or publisher's bishop. §2 For books and other writings for publication. US: If the first refuses a second could be asked but they should be informed of the refusal (canon 65)
Canon 825 Scripture.
§1 Scripture approved by the Apostolic See or the Episcopal Conference. They must have notes. §2 Can collaborate with other christians. US: CDF approves scripture texts used in liturgy.
Canon 826 Liturgy.
§1 For liturgical books, the provisions of can. 838 are to be observed. §2 Republications approved by bishop. §3 Prayer books approved by bishop. Concordat cum originali.
Canon 827 Catechism.
§1 Catechisms require the approval of the local Ordinary but see canon 775 §2 on national catechism. §2 Texbooks on Scripture, theology, canon law, church history, or religious or moral subjects for elementary, intermediate or higher schools to be approved. §3 Recommend submitting other books religion or good morals. §4 Writings on religion or morals can't be distributed in churches unless approved.
Canon 828 Ecclesiastical Text.
Publication of Ecclesiastical texts requires approval of issuer.
Canon 829 Translations.
Approval or permission to publish a work is valid only for the first edition, but not for new editions or translations.
Canon 830 Censors.
§1 Bishop can appoint censors, Episcopal conferences can make a list of censors. §2 Censors to be disinterested. §3 The censor must give an opinion in writing. If denied bishop to inform the author with reasons.
Authentic Interpretation: Approving bishop has to put his name and date on it.
Canon 831 Hostile Media.
§1 Laity not to write for hostile media without just cause, clerics and religious, not without permission. §2 Episcopal Conference to lay down norms for clerics and religious in the media on faith and morals.
Canon 832 Religious.
Religious need permission of superior for faith and morals writings.
TITLE V: THE PROFESSION OF FAITH
(Cann 833) English Latin
Canon 833 Profession of Faith.
Bound to profession of faith are: 1°. delegate to council or synod; 2°. those made Cardinal; 3°. those made bishop or equivalent; 4°. diocesan Administrator; 5°. Vicars general, episcopal Vicars and judicial Vicars; 6°. parish priests; the rector, professors of theology and philosophy in seminaries; deacons; 7°. rector of an ecclesiastical or catholic university, university teacher of faith or morals; 8°. in accordance with the constitutions: Superiors in religious institutes and clerical societies of apostolic life. LDF: new profession was first published in LOS 1989 at the end of February for people who needed it when Pastor Bonus became effective. In April, Jan AAS was published with correction (Undated). September 19, 1989 new professio and ius iurandi were confirmed by rescript of CDF. Bishops conferences to translate and get approval of Holy See. Text and commentary June 29, 1998 arguing for the professio. (This will be in the reader Nota Doctrinalis.) Creed is Nicea-constaneapolitan +. The oath is not mentioned in the code. There are extra paragraphs dropped into the oath a few extra items according to the function.
Reader: June 29, 1997 - agendi ratio in examini doctrinarum.
Eastern Code
Lex Ecc Fund Canons
For the titles we study, look at CCEO and see differences. * Exam Book three, but not mission and schools (titles 2&3).
Pastor Bonus * Last Apostolic Constitution on the Roman Curia - last of a long series of norms. La Curia Romana Vaticana 1990. Also pinto - commento alla Pastor Bonus, three commentaries on CIC, on CCEO and this on Pastor Bonus. * History of the Roman Curia - read the introduction of PB. 1. Pastores in the church have a specific diaconia - in service the complete body, in service of unity. Church is sign and instrument of the inimate union of neighbor with God. 2. Church is collegial and they claim a primacy, as well. 3. Successor of Peter claims a special place of service, but always in collaboration with the bishops. 4. From early on, the popes looked for collaborators in this work. For more important control, synods or roman councils were gathered. Some cardinals became more powerful; at the end of the 1st millenium, the synods were less important and cardinals became power players, with exclusive right to elect the pope. Starting in the 13th century, consistory as occasional gathering of cardinals were employed. 22 Jan 1588 Immensa æterni Dei of Sixtus organized 15 stable groups (dicastries): Inquisition, Signatura Gratiae (privileges), for establishing Dioceses and provision dioceses, rites, index, trent, war, bridges, control of harvest, taxes. All european governments were centralizing government at that time. 1908 Pius X reorganized curia. Rota has ceased in 1870. 11 dicastries - each described in the 1917 code. 5. Paul VI 1967 right away reorganized the curia with Regimini Ecclesiæ universæ which brought bishops on to the dicastries and new institutions and secretariates. Also introduced meeting of heads of dicastries. Internationalization of Roman Curia as well. Tribunal of the Apostolic Signatura was set up as an administrative tribunal. 6. Again in the 1980s John Paul wanted to reorganize and gathered the whole college of cardinals for this in 1979, 81, 85, 91. Only two canons were present in the code of 1983. 7. This is a pastoral service for the pope and bishops to maintain control or communio, on different occasions. Not just efficiency, but old boys club as well. Claims its not a bureaucracy. 8. # 13 gives the old title of the CCEO - Oriental code. #14 - also the link with Vatican 2. * 38 Articles of general information on the Curia, then each dicastry. Then some other groups and some other documents. 3,000 people work there. * Introduction
General Norms
Art. 1. Notion of the Roman Curia. bureaucracy for the pope and the church and churches. Dicasteries and institutes * Structure of the Dicasteries
Art. 2. Definition.
Dicastery is the umbrella term for 27 (then 28) groups. Juridically they are equal (but some are more equal - SOS and CDF). Dialog with nonbelievers joined with culture. Congregations are for administration, tribunals for decisions, councils are study groups.
Art. 3. Members.
§ 1. Generally cardinal prefect or the presiding archbishop, cardinal and bishop members and staff. Organization could vary with needs, but members are cardinals and the bishops.
Art. 4. Officers.
The Cardinal prefect of Congregation or Cardinal or bishop president acts as moderator. The secretary - for important congregations archbishop, less is bishop - just honorific. The daily business is in the hands of the secretary.
Art. 5 Terms.
§ 1. The members and consultors, are appointed by the Supreme Pontiff for a five-year term. § 2. Prefects resign at 75. Other moderators and secretaries cease at 75; members at 80. Staff is there longer.
Art. 6 Pope's Death.
On the pope's death, moderators and members cease. The camerlengo and the major penitentiary are excepted. The secretaries continue ordinary business, can be confirmed by new pope after 3 months. Resignation?
Art. 7. Members.
Members are cardinals in our outside Rome, bishops, clergy and lay faithful.
Art. 8. Consultors.
Consultors also are appointed from among clerics or other Christian faithful outstanding for their knowledge and prudence, taking into consideration, as much as possible, the international character of the Church.
Article 9 Laity
Those with knowledge from laity should be in curia, evaluate this by test.
Article 10 Archives.
Each dicastry to have its archives.
Procedure
Article 11 General Meeting
§ 1. Matters of major importance are reserved to the general meeting. § 2. Notice to be given, annual plenary session. Ordinary sessions need only convoke those in rome. § 3. The secretary participates in all sessions with the right to vote.
Article 12
Consultors study and give opinion usually in writing. They can work collegially and develop a common position. Others can be invited for particular matters.
Article 13 Subject matter.
Dicastries work on matters reserved to the apostolic see, those of universal importance, or those matters brought to them.
Article 14 Compenence.
The competence of dicasteries is defined on the basis of subject matter, unless otherwise expressly provided for.
Article 15
Guided by universal law and law of the curia and dicastry.
Article 16 Language.
Apart from Latin, it is acceptable to approach the Roman Curia in any of the languages widely known today. A translation department is being established.
Article 17 Communication.
General documents should be reviewed by all dicastries before publications - suggestions can be made.
Article 18 Approval.
Decisions of major importance are to be submitted for the approval of the Supreme Pontiff, except delegated power. Legislation requires specific approval of the Supreme Pontiff. Nothing grave or extraordinary without the pope.
Article 19 Recourse.
§ 1. Hierarchical recourses are received according to subject matter. § 2. Judicial Questions go to tribunals.
Article 20 Dicastries.
Conflicts of between dicasteries are to be submitted to the Apostolic Signatura.
Article 21 Multiple Competence.
§ 1. Multiple competence will be dealt with jointly - joint meeting. § 2. Where needed, permanent interdicasterial commissions will be set up to deal with matters requiring mutual and frequent consultation.
Meetings of Cardinals
Article 22 Several times annually.
Cardinal prefects meet several times annually.
Article 23 Consistory.
More serious business of a general character can be usefully dealt with at a consistory.
Council of Cardinals
Article 24 Definition
The Council of Cardinals for the Study of Organizational and Economic Questions of the Apostolic See consists of fifteen cardinals who head particular Churches from various parts of the world and are appointed by the Supreme Pontiff for a five-year term of office.
Article 25 Convened by SOS.
§ 1. The Council is convened by the cardinal secretary of state, usually twice a year and may call in experts. § 2. The Council also considers the activities of the special institute for administration.
Relations with Particular Churches
Article 26 Unity.
§ 1. Foster close relations and seek advice of particular churches. § 2. General documents should be sent to bishops before publication. § 3. Curia should respond quickly.
Article 27 Papal Legates.
Legates should be consulted on matters of their area.
"Ad limina" Visits
Article 28
Tradtion
Article 29 Importance.
Visits are important in service of unity.
Article 30 Dicastries.
Dicastries are involved, sharing information and advice.
Article 31 Stages.
Three principal stages — namely, the pilgrimage to the tombs of the Princes of the Apostles and their veneration, the meeting with the Supreme Pontiff, and the meetings at the dicasteries of the Roman Curia.
Article 32 Preparation.
Quinquenial report 6 months before Ad Limina.
Pastoral Character
Article 33 Pastoral Service.
Article 34 Collaboration.
Article 35 Direct Pastoral Service.
Central Labour Office
Article 36 Competence.
Regulations
Article 37 Ordo Servandus.
Article 38 Dicastry Norms.
II SECRETARIAT OF STATE
Article 39 Secretary of State.
Article 40 Sections.
General Affairs, and Relations with States.
First Section.
Article 41 Task.
§ 1. First Section expedites the daily service of the Pope; deals with matters outside the ordinary competence of the dicasteries; fosters relations in the Curia; to supervise the legates and ambassadors. § 2. Has presence in international organizations.
Article 42 Additional Tasks.
It is also the task of the First Section: 1. to draw up and dispatch Pope's documents; 2. to facilitate appointments; 3. to guard the leaden seal and the Fisherman’s ring.
Article 43 Further Tasks.
It also: 1. publishes AAS; 2. runs the Press Office; 3. oversees L'Osservatore Romano; Vatican Radio and Vatican TV.
Article 44 Data.
It also runs the Central Statistical Office.
Second Section
Article 45 Heads of State.
Article 46 Competence.
Second Section: 1. fosters diplomatic relations and makes concordats; 2. Represents the Holy See in public international organization; 3. deals with papal legates.
Article 47 Particular Churches.
§ 1. Second Section sees to the provision of particular Churches and the constitution of and changes to these Churches and their groupings. § 2. Transacts business with civil governments.
III CONGREGATIONS
Congregation for the Doctrine of the Faith
Article 48 Duty.
CDF promotes and safeguards the doctrine on faith and morals in the whole Catholic world.
Article 49 Studies.
The Congregation fosters studies so that the understanding of the faith may grow and a response in the light of the faith may be given to new questions arising from the progress of the sciences or human culture.
Article 50 Bishops.
It helps the bishops, individually or in groups.
Article 51 Control of Doctrine
The Congregation takes care lest faith or morals suffer harm through errors that have been spread in any way whatever. 1. It examines publications; 2. it examines writings, gives authors full opportunity to explain their minds; it brings suitable remedies to bear, if this be opportune. 3. It rebuts errors.
Article 52 Examination.
The Congregation examines offenses against the faith and behavior or liturgy and declares sanctions. Regulations for Examination
Article 53 Privilege of faith.
It is to examine whatever concerns the privilege of the faith, both in law and in fact.
Article 54 Roman publication.
CDF examines the work of other dicastries.
Article 55 PBC, ITC.
In CDF are Pontifical Biblical Commission and the International Theological Commission.
Congregation for the Oriental Churches
Article 56 Concerning the Catholic Oriental Churches.
Article 57 Members.
§ 1. The patriarchs and major archbishops of the Oriental Churches, and the president of the Council for Promoting Christian Unity, are ipso iure members of this Congregation. § 2. The consultors reflect diversity of rites.
Article 58 Competence.
Concerns the structure, teaching, sanctifying and governing, or the status, rights, and obligations of persons, quinquennial reports and the ad limina visits. § 2. However, other congregations still competent, sometimes coordinating.
Article 59 Easterners in Latin areas.
Article 60 Oriental Territories.
Even latins under in oriental territories are under this congregation.
Article 61 Unity.
Works with Council for Promoting Christian Unity and with the Council for Inter-religious Dialog.
Congregation for Divine Worship and the Discipline of the Sacraments
Article 62 Scope.
Article 63 Duty.
It fosters and safeguards the sacraments, grants favors and dispensations.
Article 64 Promotes liturgy.
§ 1. Promotes Liturgy. § 2. Draws up liturgical texts and calendars. § 3. It grants the recognitio to translations.
Article 65 Apostolate.
The Congregation fosters commissions or institutes for promoting the liturgical apostolate or sacred music, song or art, and it maintains relations with them.
Article 66 Observance.
Supervises observance.
Article 67 Non-consummation.
Examines non-consummation in a marriage and submits a petition to the Supreme Pontiff requesting the dispensation.
Article 68 Ordination.
It is also competent to examine, in accordance with the law, cases concerning the nullity of sacred ordination.
Article 69 Relics.
This Congregation has competence concerning the cult of sacred relics, the confirmation of heavenly patrons and the granting of the title of minor basilica.
Article 70 Piety.
Fosters and regulates popular piety.
Book 4
Introduction
420 canons on the sanctifying function of the church. Munus sanctificandi is the totality of actions of the faithful by which the totality of life (or special aspects of life) are sanctified. They consciously link link daily life with God. Sanctifying actions are effective symbols of this connection. Can be individual or group, can follow fixed ritual or varied, can be public or private, actions may have words, actions, and things. They are mostly organized in specific places, with specific ministers. This book deals with these symbolic, sanctifying actions. Six canons without title, what is their role? There is also a certain structure to the code - CIC has precedence over liturgical law. We could do comparative law of ministries. Canon 2 says rites are not subject of the code, however, all of book IV are norms on the juridic aspects of sacraments. There are liturgical books for ritual. Ordo defined in canon 95 - step by step instructions. Law is enacted to respond to situations and conflicts. There is a lot of theology here. Munus sanctificandi is here actualized in a "special way" through liturgy. There is also prayer, grace, good works "alia media". Reader: synopsis 83, 90, 17. 17 code, 75 schema, CLSA.
Canon 834 Sanctifying through Liturgy
§1. The Church fulfills its sanctifying function in a particular way through the sacred liturgy, the priestly function of Jesus Christ where sanctification is signified and effected through signs; public worship of God by Christ the Head and members. §2. In the name of the Church it is only by persons legitimately designated and through acts approved. Various words are used: liturgia = cultus, actiones, etc.
Canon 835 General Roles
§1. The bishops in the first place exercise the sanctifying function; they are the high priests, dispensers, directors, promoters, and guardians of liturgy. §2. Presbyters also exercise this function. §3. Deacons have a part. §4. The other members of the Christian faithful also have their own part, particularly parents for their children. Sacerdos is priest and bishop, presbyter is priest (not bishop). These are not always translated accurately.
Canon 836 Common Priesthood
Since Christian worship by the common priesthood of the Christian faithful proceeds from faith it is connected to the ministry of the word.
Canon 837 Common Action of the Church
§1. Liturgical actions are not private actions but celebrations of the Church. §2. Presence and active participation of the Christian faithful preferred.
Canon 838 Liturgical Control
§1. Apostolic See claims sole authority for the control of the sacred liturgy. §2. Control includes publishing liturgical books and reviewing translations and vigilance over liturgical regulations. §3. Conferences of bishops prepare and publish translated, adapted liturgical books. Recognitio is required. §4. Diocesan bishops gives norms.
Canon 839 "Other" Means
§1. Prayer, penance and charity greatly help to root and strengthen the kingdom of Christ in souls and contribute to the salvation of the world. §2. Local ordinaries to control the Spirit in their dioceses.
Part I: The Sacraments 1. Part I: The Sacraments 1. Title I: Baptism 1. Chapter I: Celebration. 2. Chapter II: Minister 3. Chapter III: Recipients 4. Chapter IV: Sponsors 5. Chapter V: Proof and Registration 2. Title II: Confirmation 6. Chapter I: Celebration 7. Chapter II: Minister 8. Chapter III: Recipients 9. Chapter IV: Sponsors 10. Chapter V: Proof and Registration 3. Title III: Eucharist 11. Chapter I: Celebration 12. Chapter II: Reservation and Veneration 13. Chapter III: Offering 4. Title IV: Penance 14. Chapter I: Celebration 15. Chapter II: Minister 16. Chapter III: Recipients 17. Chapter IV: Indulgences 5. Title V: Anointing of the Sick (998-1007) 18. Chapter I: Celebration 19. Chapter II: Minister 20. Chapter III: Recipients 6. Title VI: Orders (Canon 1008 - 1054) 21. Chapter I: Celebration and Minister 22. Chapter II: Recipients 23. Chapter III: Registration and Evidence 7. Title VII: Marriage (Canon 1055 - 1165) 24. Chapter I: Marriage Preparation (canon 1063-1072) 25. Chapter II. Diriment Impediments (canon 1073-1094) 26. Chapter III: Individual Diriment Impediments 27. Chapter IV: Matrimonial Consent 28. Chapter V: Canonical Form (canon 1108-1123). 29. Chapter VI: Mixed Marriages (canon 1124-1129). 30. Chapter VII: Secret Celebration of Marriage. 31. Chapter VII: The Effects of Marriage (canon 1134-1140) 32. Chapter IX: Separation (canon 1141-1155) 33. Chapter X: Validation (canon 1156-1165). 34. Grounds to Declare the Nullity of Marriage. 35. Marriage processes. 36. Roch Page - St. Paul's Ottawa 2. Part II: Other Acts of Divine Worship 8. Title I: Sacramentals (Canon 1166 - 1172) 9. Title II: Liturgy of the Hours (Canon 1173 - 1175) 10. Title III: Funerals (Canon 1176 - 1185) 37. Chapter I: Celebration 38. Chapter II: Funerals Allowed or Denied 11. Title IV: Saints, Images and Relics (Canon 1186 - 1190) 12. Title V: Vows and Oaths (Canon 1191 - 1204) 39. Chapter I: Vows 40. Chapter II: Oaths 3. Part III: Sacred Places and Times 13. Title I: Sacred Places 41. Chapter I: Churches 42. Chapter II: Oratories and Private Chapels 43. Chapter III: Shrines 44. Chapter IV: Altars 45. Chapter V: Cemeteries 14. Title II: Sacred Times (1244 - 1258) 46. Chapter I: Feast Days 47. Chapter II: Days of Penance |
Introduction
Baptism 30, Conf 18, Important: Euch 62, Pen 39, Anointing 10, Status: Orders 47, Marriage 111 Canons; we will take 221.
Canon 840 Theological Definition
The sacraments of the New Testament were instituted by Christ, entrusted to the Church. As actions of Christ and the Church, they are signs and means which express and strengthen the faith, render worship to God, and effect the sanctification of humanity and thus contribute in the greatest way to establish, strengthen, and manifest ecclesiastical communion. Accordingly, in the celebration of the sacraments the sacred ministers and the other members of the Christian faithful must use the greatest veneration and necessary diligence.
Canon 841 Regulation.
Since the sacraments are the same for the whole Church and belong to the divine deposit, it is only for the supreme authority of the Church to approve or define the requirements for their validity; it is for the same or another competent authority according to the norm of can. 838 §§3 and 4 to decide what pertains to their licit celebration, administration, and reception and to the order to be observed in their celebration.
Canon 842 Sacraments of Initiation.
§1. A person who has not received baptism cannot be admitted validly to the other sacraments. §2. The sacraments of baptism, confirmation, and the Most Holy Eucharist are required for full Christian initiation.
Canon 843 Right to Sacraments.
§1. Sacred ministers cannot deny the sacraments to those who seek them at appropriate times, are properly disposed, and are not prohibited by law from receiving them. §2. Pastors and Christians to ensure proper evangelization and catechesis.
Canon 844 Liceity.
§1. Catholic ministers give catholic sacraments to catholic faithful. §2. Exceptionally, Catholics can receive valid non-catholic sacraments penance, anointing and communion. §3. Exceptionally catholic ministers administer the sacraments of penance, Eucharist, and anointing of the sick to non Catholics with valid sacraments. §4. In danger of death or in grave necessity, any christian can receive sacraments. §5. Norms only after consultation with non-Catholic Church or community.
Canon 845 Sacramental Character.
§1. Since the sacraments of baptism, confirmation, and orders imprint a character, they cannot be repeated. §2. In uncertainty, conditional conferral allowed.
Canon 846 Use Liturgical Books
§1. Use liturgical books. §2. The minister is to celebrate the sacraments according to the minister’s own rite.
Canon 847 Oils.
§1. Holy oils from olives, etc. consecrated recently by bishop. §2. The pastor is to obtain the holy oils from his own bishop and is to preserve them diligently with proper care.
Canon 848 Payment.
Fees established by competent authority, poverty shouldn't deprive a person of sacraments.
Title I: Baptism
(Canon 849 - 878)
Canon 849 Definition.
Baptism, the gateway to the sacraments and necessary for salvation by actual reception or at least by desire, is validly conferred only by a washing of true water with the proper form of words. Through baptism men and women are freed from sin, are reborn as children of God, and, configured to Christ by an indelible character, are incorporated into the Church.
Chapter I: Celebration.
Canon 850 Ritual.
Baptism is administered according to the order prescribed except in necessity.
Canon 851 Catecumenate.
The celebration of baptism must be prepared properly; consequently:
1º an adult who intends to receive baptism is to be admitted to the catechumenate adapted by the conference of bishops;
2º the parents and sponsors are to be instructed properly on the meaning and obligations of this sacrament by advice, prayer, uniting families and visiting them.
Canon 852 Children.
§1. Children are initiated like adults. §2. Non sui compos is also regarded as an infant with respect to baptism.
Canon 853 Water.
Use blessed water.
Canon 854 Immersion.
Baptism is to be conferred either by immersion or by pouring.
Canon 855 Name.
Take care that a name foreign to Christian sensibility is not given.
Canon 856 Sunday.
Baptism is celebrated ordinarily on Sunday, if possible, at the Easter Vigil.
Canon 857 Place.
§1. Apart from a case of necessity, the proper place of baptism is a church or oratory. §2. Generally their own or the parent's church.
Canon 858 Baptismal Font.
§1. Every parish church is to have a baptismal font. §2. After having heard the local pastor, the local ordinary can permit or order another font.
Canon 859 Grave Inconvenience.
Baptism can be in another place if there is grave inconvenience.
Canon 860 Private Homes / Hospitals.
§1. Apart from necessity, baptism is not to be conferred in private houses, unless.... §2. Likewise baptism is not to be conferred in hospitals.
Chapter II: Minister
Canon 861 Ordinary Minister.
§1. The ordinary minister is a bishop, a presbyter, or a deacon, see can. 530.1. §2. If not available, a catechist or one designated by the local ordinary, or in a case of necessity any person with the right intention. The Christian faithful are taught the correct way to baptize.
Canon 862 Territoriality.
Except in a case of necessity, no one is permitted to confer baptism in the territory of another without the required permission, not even upon his own subjects.
Canon 863 Bishop Baptises Adults.
The baptism of adults, (over 14) is deferred to the diocesan bishop.
Chapter III: Recipients
Canon 864 Everyone.
Every person not yet baptized and only such a person is capable of baptism.
Canon 865 Adults.
§1. Adults must (a) have manifested the intention to receive baptism, (b) have been instructed sufficiently, and (c) have been tested in the Christian life through the catechumenate. The adult is also to be urged to have sorrow for personal sins. §2. An adult in danger of death can be baptized with (a) some knowledge and (b) manifest intention to receive baptism and observe the commandments of the Christian religion.
Canon 866 Christian Initiation.
Unless there is a grave reason to the contrary, an adults receive baptism, confirmation and eucharist.
Canon 867 Infant baptism.
§1. Infants are baptized in the first few weeks (of life). Parents to ensure this and request from pastor and be prepared. §2. An infant in danger of death is to be baptized without delay.
Canon 868 Consent.
§1. For an infant to be baptized licitly: 1º parent or guardian must consent; 2º there must be a founded hope that the infant will be brought up in the Catholic religion. §2. An infant is baptized licitly in danger of death even against the will of the parents.
Canon 869 Conditional Baptism.
§1. If baptism is doubtful, it is conferred conditionally. §2. Non-catholic Christians are baptized only if there is a serious doubt about the validity of the baptism. §3. Baptism is conferred after explanation of doubt.
Canon 870 Foundling.
An abandoned infant or a foundling is to be baptized unless after diligent investigation the baptism of the infant is established.
Canon 871 Fetus.
If aborted fetuses are alive, they are to be baptized insofar as possible.
Chapter IV: Sponsors
Canon 872 Role.
In so far as possible, a person being baptised is to be assigned a sponso to assist the person in christian initiation or help child to fulfil the duties inherent in baptism.
Canon 873 Number.
One sponsor, male or female, is sufficient; but there may be two, one of each sex.
Canon 874 Qualifications.
§1 A sponsor must 1° be appointed by the candidate or parents or minister and be suitable; 2° be not less than sixteen years of age unless...; 3° be a fully initiated catholic who understands duties; 4° not have a canonical penalty; 5° not be either the father or the mother of the person to be baptised. §2 A baptised noncatholic can be a witness to the baptism.
Chapter V: Proof and Registration
Canon 875 Witness.
Sponsor or other witness to be present.
Canon 876 Proof.
One witness or baptized adult can witness.
Canon 877 Record.
§1 The parish priest to record names of the baptised, the minister, the parents, the sponsors / witnesses, and the place and date of baptism and date and place of birth. §2 In the case of a child of an unmarried mother, no parents listed unless known and requested by parents. §3 In the case of an adopted child, the names of the adopting parents are to be registered and, at least if this is done in the local civil registration, the names of the natural parents in accordance with §§1 and 2 subject however to the rulings of the Episcopal Conference.
Canon 878 Other Minister.
Other minister to notify parish priest to record baptism.
Title II: Confirmation
(Canon 879 - 896)
Canon 879 Effects.
Confirmation 1) strengthens the baptized, 2) obliges them more firmly to be witnesses of Christ by word and deed and to spread and defend the faith, 3) imprints a character, 4) enriches by the gift of the Holy Spirit, and 5) binds them more perfectly to the Church.
Chapter I: Celebration
Canon 880 Conferral.
§1. Conferred by the anointing of chrism on the forehead with imposition of hand. §2. The chrism to be consecrated by a bishop.
Canon 881 In Mass.
Preferably celebrated during Mass, for just elsewhere.
Chapter II: Minister
Canon 882 Bishop.
The ordinary minister is a bishop; a presbyter can get the faculty.
Canon 883 De Juris Minister.
De Juris ministers: 1º diocesan bishop in the diocese, 2º priest who baptises or admits adult to full communion; 3º in danger of death, any presbyter.
Canon 884 Personally.
§1. The diocesan bishop is to administer confirmation personally or grant the faculty. §2. For a grave cause the bishop and even the presbyter can in single cases also associate presbyters with themselves to administer the sacrament.
Canon 885 Obligation.
§1. The diocesan bishop is obliged to confirm those who properly and reasonably seek it. §2. A presbyter who possesses this faculty must use it.
Canon 886 Bishop's Right to Confirm.
§1. Bishops legitimately confirms in their territory unless prohibited. §2. In another diocese they need permission (at least presumed) except for their people.
Canon 887 Priests Right.
Priests legitimately confirms in their territory unless prohibited. Not valid outside territory except in danger of death.
Canon 888 Exempt places.
Within the territory in which they are able to confer confirmation, ministers can administer it even in exempt places, e.g. religious house.
Chapter III: Recipients
Canon 889 Candidates.
§1. Baptized / unconfirmed are capable of receiving confirmation. §2. For liceity, outside the danger of death, the person with the use of reason must be instructed, disposed, and able to renew the baptismal promises.
Canon 890 Proper Time.
People are obliged to receive this sacrament at the proper time. Parents and pastors to ensure instruction.
Canon 891 Age.
Confirmation at the age of discretion unless bishops say otherwise, danger of death, or minister sees grave reason.
Chapter IV: Sponsors
Canon 892 Duties.
Insofar as possible, there is to be a sponsor who ensures the person acts as a witness of Christ and fulfills the obligations of this sacrament.
Canon 893 Qualification.
§1. Like a baptismal sponsor. §2. Same sponsor as baptism preferred.
Chapter V: Proof and Registration
Canon 894 Witness.
Witness as at baptism.
Canon 895 Record.
Record confirmandi, minister, the parents and sponsors, and the place and date of the conferral of confirmation in diocese or parish with note given to the place of baptism who note it. See canon 535.2.
Canon 896 Inform the pastor.
If the pastor of the place to be informed if not present.
Title III: Eucharist
(Canon 897 - 958)
Canon 897 Definition.
The most August sacrament is the Most Holy Eucharist in which Christ the Lord himself is contained, offered, and received and by which the Church continually lives and grows. The eucharistic sacrifice, the memorial of the death and resurrection of the Lord, in which the sacrifice of the cross is perpetuated through the ages is the summit and source of all worship and Christian life, which signifies and effects the unity of the People of God and brings about the building up of the body of Christ. Indeed, the other sacraments and all the ecclesiastical works of the apostolate are closely connected with the Most Holy Eucharist and ordered to it.
Canon 898 Esteem.
The Christian faithful are to hold the Most Holy Eucharist in highest honor, taking an active part in the celebration, receiving this sacrament devoutly and frequently, and worshiping it with the highest adoration. Pastors of souls are to teach this.
Chapter I: Celebration
Canon 899
§1. The eucharistic celebration is the action of Christ himself and the Church. In it, Christ the Lord, through the ministry of the priest, offers himself, substantially present under the species of bread and wine, to God the Father and gives himself as spiritual food to the faithful united with his offering.
§2. In the eucharistic gathering the people of God are called together with the bishop or, under his authority, a presbyter presiding and acting in the person of Christ. All the faithful who are present, whether clerics or laity, unite together by participating in their own way according to the diversity of orders and liturgical functions.
§3. The eucharistic celebration is to be organized in such a way that all those participating receive from it the many fruits for which Christ the Lord instituted the eucharistic sacrifice.
Article 1: Minister
Canon 900
§1. The minister who is able to confect the sacrament of the Eucharist in the person of Christ is a validly ordained priest alone.
§2. A priest not impeded by canon law celebrates the Eucharist licitly; the provisions of the following canons are to be observed.
Canon 901
A priest is free to apply the Mass for anyone, living or dead.
Canon 902
Unless the welfare of the Christian faithful requires or suggests otherwise, priests can concelebrate the Eucharist. They are completely free to celebrate the Eucharist individually, however, but not while a concelebration is taking place in the same church or oratory.
Canon 903
A priest is to be permitted to celebrate even if the rector of the church does not know him, provided that either he presents a letter of introduction from his ordinary or superior, issued at least within the year, or it can be judged prudently that he is not impeded from celebrating.
Canon 904
Remembering always that in the mystery of the eucharistic sacrifice the work of redemption is exercised continually, priests are to celebrate frequently; indeed, daily celebration is recommended earnestly since, even if the faithful cannot be present, it is the act of Christ and the Church in which priests fulfill their principal function.
Canon 905 Once a Day.
§1. A priest can't celebrate more than once a day unless he can. §2. Bishop can allow twice or thrice on Sundays and holy days of obligation.
Canon 906 Participants.
Generally participants required.
Canon 907 Can't Pray.
Deacons and laity can't offer prayers at Mass.
Canon 908 Christians.
Can't concelebrate with other Christians.
Canon 909 Preparation.
A priest is to prepare and offer thanks.
Canon 910 Communion Minister.
§1. The ordinary minister of holy communion is a bishop, presbyter, or deacon. §2. The extraordinary minister is a lay person.
Canon 911 Viaticum.
§1. The pastor, parochial vicars, chaplains, and, clerical superiors have the duty and right of bringing Viaticum to the sick. §2. Any other minister can, with at least presumed permission.
Article 2: Participants
Canon 912 Any Baptized.
Any baptized person not prohibited by law can and must be admitted to holy communion.
Canon 913 Children.
§1. Children have to have knowledge and preparation. §2. In danger of death they receive if they can distinguish the body of Christ from ordinary food and receive communion reverently.
Canon 914
It is primarily the duty of parents and those who take the place of parents, as well as the duty of pastors, to take care that children who have reached the use of reason are prepared properly and, after they have made sacramental confession, are refreshed with this divine food as soon as possible. It is for the pastor to exercise vigilance so that children who have not attained the use of reason or whom he judges are not sufficiently disposed do not approach holy communion.
Canon 915
Those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion.
Canon 916
A person who is conscious of grave sin is not to celebrate Mass or receive the body of the Lord without previous sacramental confession unless there is a grave reason and there is no opportunity to confess; in this case the person is to remember the obligation to make an act of perfect contrition which includes the resolution of confessing as soon as possible.
Canon 917
A person who has already received the Most Holy Eucharist can receive it a second time on the same day only within the eucharistic celebration in which the person participates, without prejudice to the prescript of Canon 921, §2.
Canon 918
It is highly recommended that the faithful receive holy communion during the eucharistic celebration itself. It is to be administered outside the Mass, however, to those who request it for a just cause, with the liturgical rites being observed.
Canon 919
§1. A person who is to receive the Most Holy Eucharist is to abstain for at least one hour before holy communion from any food and drink, except for only water and medicine.
§2. A priest who celebrates the Most Holy Eucharist two or three times on the same day can take something before the second or third celebration even if there is less than one hour between them.
§3. The elderly, the infirm, and those who care for them can receive the Most Holy Eucharist even if they have eaten something within the preceding hour.
Canon 920
§1. After being initiated into the Most Holy Eucharist, each of the faithful is obliged to receive holy communion at least once a year.
§2. This precept must be fulfilled during the Easter season unless it is fulfilled for a just cause at another time during the year.
Canon 921
§1. The Christian faithful who are in danger of death from any cause are to be nourished by holy communion in the form of Viaticum.
§2. Even if they have been nourished by holy communion on the same day, however, those in danger of death are strongly urged to receive communion again.
§3. While the danger of death lasts, it is recommended that holy communion be administered often, but on separate days.
Canon 922
Holy Viaticum for the sick is not to be delayed too long; those who have the care of souls are to be zealous and vigilant that the sick are nourished by Viaticum while fully conscious.
Canon 923
The Christian faithful can participate in the eucharistic sacrifice and receive holy communion in any Catholic rite, without prejudice to the prescript of Canon 844.
Article 3: Rites and Ceremonies
English Latin
Canon 924
§1. The most holy eucharistic sacrifice must be offered with bread and with wine in which a little water must be mixed.
§2. The bread must be only wheat and recently made so that there is no danger of spoiling.
§3. The wine must be natural from the fruit of the vine and not spoiled.
Canon 925
Holy communion is to be given under the form of bread alone, or under both species according to the norm of the liturgical laws, or even under the form of wine alone in a case of necessity.
Canon 926
According to the ancient tradition of the Latin Church, the priest is to use unleavened bread in the eucharistic celebration whenever he offers it.
Canon 927
It is absolutely forbidden, even in extreme urgent necessity, to consecrate one matter without the other or even both outside the eucharistic celebration.
Canon 928
The eucharistic celebration is to be carried out in the Latin language or in another language provided that the liturgical texts have been legitimately approved.
Canon 929
In celebrating and administering the Eucharist, priests and deacons are to wear the sacred vestments prescribed by the rubrics.
Canon 930
§1. If an infirm or elderly priest is unable to stand, he can celebrate the eucharistic sacrifice while seated, but not before the people except with the permission of the local ordinary; the liturgical laws are to be observed.
§2. A blind or otherwise infirm priest licitly celebrates the eucharistic sacrifice by using any approved text of the Mass with the assistance, if needed, of another priest, deacon, or even a properly instructed lay person.
Article 4: Time and Place
Canon 931
The celebration and distribution of the Eucharist can be done at any day and hour except those which the liturgical norms exclude.
Canon 932
§1. The eucharistic celebration is to be carried out in a sacred place unless in a particular case necessity requires otherwise; in such a case the celebration must be done in a decent place.
§2. The eucharistic sacrifice must be carried out on a dedicated or blessed altar; outside a sacred place a suitable table can be used, always with a cloth and a corporal.
Canon 933
For a just cause and with the express permission of the local ordinary, a priest is permitted to celebrate the Eucharist in the place of worship of some Church or ecclesial community which does not have full communion with the Catholic Church so long as there is no scandal.
Chapter II: Reservation and Veneration
Canon 934
§1. The Most Holy Eucharist:
1º must be reserved in the cathedral church or its equivalent, in every parish church, and in a church or oratory connected to the house of a religious institute or society of apostolic life;
2º can be reserved in the chapel of the bishop and, with the permission of the local ordinary, in other churches, oratories, and chapels.
§2. In sacred places where the Most Holy Eucharist is reserved, there must always be someone responsible for it and, insofar as possible, a priest is to celebrate Mass there at least twice a month.
Canon 935
No one is permitted to keep the Eucharist on one’s person or to carry it around, unless pastoral necessity urges it and the prescripts of the diocesan bishop are observed.
Canon 936
In the house of a religious institute or some other pious house, the Most Holy Eucharist is to be reserved only in the church or principal oratory attached to the house. For a just cause, however, the ordinary can also permit it to be reserved in another oratory of the same house.
Canon 937
Unless there is a grave reason to the contrary, the church in which the Most Holy Eucharist is reserved is to be open to the faithful for at least some hours every day so that they can pray before the Most Blessed Sacrament.
Canon 938
§1. The Most Holy Eucharist is to be reserved habitually in only one tabernacle of a church or oratory.
§2. The tabernacle in which the Most Holy Eucharist is reserved is to be situated in some part of the church or oratory which is distinguished, conspicuous, beautifully decorated, and suitable for prayer.
§3. The tabernacle in which the Most Holy Eucharist is reserved habitually is to be immovable, made of solid and opaque material, and locked in such a way that the danger of profanation is avoided as much as possible.
§4. For a grave cause, it is permitted to reserve the Most Holy Eucharist in some other fitting and more secure place, especially at night.
§5. The person responsible for the church or oratory is to take care that the key of the tabernacle in which the Most Holy Eucharist is reserved is safeguarded most diligently.
Canon 939
Consecrated hosts in a quantity sufficient for the needs of the faithful are to be kept in a pyx or small vessel; they are to be renewed frequently and the older hosts consumed properly.
Canon 940
A special lamp which indicates and honors the presence of Christ is to shine continuously before a tabernacle in which the Most Holy Eucharist is reserved.
Canon 941
§1. In churches or oratories where it is permitted to reserve the Most Holy Eucharist, there can be expositions with the pyx or the monstrance; the norms prescribed in the liturgical books are to be observed.
§2. Exposition of the Most Blessed Sacrament is not to be held in the same area of the church or oratory during the celebration of Mass.
Canon 942
It is recommended that in these churches and oratories an annual solemn exposition of the Most Blessed Sacrament be held for an appropriate period of time, even if not continuous, so that the local community more profoundly meditates on and adores the eucharistic mystery. Such an exposition is to be held, however, only if a suitable gathering of the faithful is foreseen and the established norms are observed.
Canon 943
The minister of exposition of the Most Blessed Sacrament and of eucharistic benediction is a priest or deacon; in special circumstances, the minister of exposition and reposition alone without benediction is the acolyte, extraordinary minister of holy communion, or someone else designated by the local ordinary; the prescripts of the diocesan bishop are to be observed.
Canon 944
§1. When it can be done in the judgment of the diocesan bishop, a procession through the public streets is to be held as a public witness of veneration toward the Most Holy Eucharist, especially on the solemnity of the Body and Blood of Christ.
§2. It is for the diocesan bishop to establish regulations which provide for the participation in and the dignity of processions.
Chapter III: Offering
Canon 945
§1. In accord with the approved practice of the Church, any priest celebrating or concelebrating is permitted to receive an offering to apply the Mass for a specific intention.
§2. It is recommended earnestly to priests that they celebrate Mass for the intention of the Christian faithful, especially the needy, even if they have not received an offering.
Canon 946
The Christian faithful who give an offering to apply the Mass for their intention contribute to the good of the Church and by that offering share its concern to support its ministers and works.
Canon 947
Any appearance of trafficking or trading is to be excluded entirely from the offering for Masses.
Canon 948
Separate Masses are to be applied for the intentions of those for whom a single offering, although small, has been given and accepted.
Canon 949
A person obliged to celebrate and apply Mass for the intention of those who gave an offering is bound by the obligation even if the offerings received have been lost through no fault of his own.
Canon 950
If a sum of money is offered for the application of Masses without an indication of the number of Masses to be celebrated, the number is to be computed on the basis of the offering established in the place where the donor resides, unless the intention of the donor must be presumed legitimately to have been different.
Canon 951
§1. A priest who celebrates several Masses on the same day can apply each to the intention for which the offering was given, but subject to the rule that, except on Christmas, he is to keep the offering for only one Mass and transfer the others to the purposes prescribed by the ordinary, while allowing for some recompense by reason of an extrinsic title.
§2. A priest who concelebrates a second Mass on the same day cannot accept an offering for it under any title.
Canon 952
§1. It is for the provincial council or a meeting of the bishops of the province to define by decree for the entire province the offering to be given for the celebration and application of Mass, and a priest is not permitted to seek a larger sum. Nevertheless, he is permitted to accept for the application of a Mass a voluntary offering which is larger or even smaller than the one defined.
§2. Where there is no such decree, the custom in force in the diocese is to be observed.
§3. Members of all religious institutes must also observe the same decree or local custom mentioned in §§1 and 2.
Canon 953
No one is permitted to accept more offerings for Masses to be applied by himself than he can satisfy within a year.
Canon 954
If in certain churches or oratories more Masses are asked to be celebrated than can be celebrated there, it is permitted for them to be celebrated elsewhere unless the donors have expressly indicated a contrary intention.
Canon 955
§1. A person who intends to entrust to others the celebration of Masses to be applied is to entrust their celebration as soon as possible to priests acceptable to him, provided that he is certain that they are above suspicion. He must transfer the entire offering received unless it is certain that the excess over the sum fixed in the diocese was given for him personally. He is also obliged to see to the celebration of the Masses until he learns that the obligation has been accepted and the offering received.
§2. The time within which Masses must be celebrated begins on the day the priest who is to celebrate them received them unless it is otherwise evident.
§3. Those who entrust to others Masses to be celebrated are to record in a book without delay both the Masses which they received and those which they transferred to others, as well as their offerings.
§4. Every priest must note accurately the Masses which he accepted to celebrate and those which he has satisfied.
Canon 956
Each and every administrator of pious causes or those obliged in any way to see to the celebration of Masses, whether clerics or laity, are to hand over to their ordinaries according to the method defined by the latter the Mass obligations which have not been satisfied within a year.
Canon 957
The duty and right of exercising vigilance that Mass obligations are fulfilled belong to the local ordinary in churches of secular clergy and to the superiors in churches of religious institutes or societies of apostolic life.
Canon 958
§1. The pastor and the rector of a church or other pious place which regularly receives offerings for Masses are to have a special book in which they note accurately the number of Masses to be celebrated, the intention, the offering given, and their celebration.
§2. The ordinary is obliged to examine these books each year either personally or through others.
Title IV: Penance
(Canon 959 - 997)
Chapter I: Celebration
Chapter II: Minister
Chapter III: Recipients
Chapter IV: Indulgences
Title V: Anointing of the Sick (998-1007)
Chapter I: Celebration
Chapter II: Minister
Chapter III: Recipients
Title VI: Orders (Canon 1008 - 1054)
Chapter I: Celebration and Minister
Chapter II: Recipients
Article 1: Requirements
Article 2: Prerequisites
Article 3: Irregularities and Impediments
Can. 1041 The following persons are irregular for the reception of orders:
1° one who suffers from any form of insanity, or from any other psychological infirmity, because of which he is, after experts have been consulted, judged incapable of being able to fulfil the ministry;
2° one who has committed the offence of apostasy, heresy or schism;
3° one who has attempted marriage, even a civil marriage, either while himself prevented from entering marriage whether by an existing marriage bond or by a sacred order or by a public and perpetual vow of chastity, or with a woman who is validly married or is obliged by the same vow;
4° one who has committed wilful homicide, or one who has actually procured an abortion, and all who have positively cooperated;
5° one who has gravely and maliciously mutilated himself or another, or who has attempted suicide;
6° one who has carried out an act of order which is reserved to those in the order of the episcopate or priesthood, while himself either not possessing that order or being barred from its exercise by some canonical penalty, declared or imposed.
Can. 1042 The following are simply impeded from receiving orders:
1° a man who has a wife, unless he is lawfully destined for the permanent diaconate;
2° one who exercises an office or administration forbidden to clerics, in accordance with cann. 285 and 286, of which he must render an account; the impediment binds until such time as, having relinquished the office and administration and rendered the account, he has been freed;
3° a neophyte, unless, in the judgement of the Ordinary, he has been sufficiently tested.
Can. 1043 Christ's faithful are bound to reveal, before ordination, to the Ordinary or to the parish priest, such impediments to sacred orders as they may know about.
Can. 1044 §1 The following are irregular for the exercise of orders already received:
1° one who, while bound by an irregularity for the reception of orders, unlawfully received orders;
2° one who committed the offence mentioned in can. 1041, n. 2, if the offence is public
3° one who committed any of the offences mentioned in can. 1041, nn. 3, 4,5,6.
§2 The following are impeded from the exercise of orders:
1° one who, while bound by an impediment to the reception of orders, unlawfully received orders;
2° one who suffers from insanity or from some other psychological infirmity mentioned in can. 1041, n. 1, until such time as the Ordinary, having consulted an expert, has allowed the exercise of the order in question.
Can. 1045 Ignorance of irregularities and impediments does not exempt from them.
Can. 1046 Irregularities and impediments are multiplied if they arise from different causes, not however from the repetition of the same cause, unless it is a question of the irregularity arising from the commission of wilful homicide or from having actually procured an abortion.
Can. 1047 §1 If the fact on which they are based has been brought to the judicial forum, dispensation from all irregularities is reserved to the Apostolic See alone.
§2 Dispensation from the following irregularities and impediments to the reception of orders is also reserved to the Apostolic See:
1° irregularities arising from the offences mentioned in can. 1041, nn. 2 and 3, if they are public;
2° an irregularity arising from the offence, whether public or occult, mentioned in can. 1041, n. 4;
3° the impediment mentioned in can. 1042, n. 1.
§3 To the Apostolic See is also reserved the dispensation from the irregularities for the exercise of an order received mentioned in can. 1041, n.3 but only in public cases, and in n. 4 of the same canon even in occult cases.
§4 The Ordinary can dispense from irregularities and impediments not reserved to the Holy See.
Can. 1048 In the more urgent occult cases, if the Ordinary or, in the case of the irregularities mentioned in can. 1041, nn. 3 and 4, the Penitentiary cannot be approached, and if there is imminent danger of serious harm or loss of reputation, the person who is irregular for the exercise of an order may exercise it. There remains, however, the obligation of his having recourse as soon as possible to the Ordinary or the Penitentiary, without revealing his name, and through a confessor.
Can. 1049 §1 In a petition to obtain a dispensation from irregularities or impediments, all irregularities and impediments are to be mentioned. However, a general dispensation is valid also for those omitted in good faith, with the exception of the irregularities mentioned in can. 1041, n. 4, or of others which have been brought to the judicial forum; it is not, however, valid for those concealed in bad faith.
§2 If it is question of an irregularity arising from wilful homicide or from a procured abortion, for the validity of the dispensation even the number of offences must be stated.
§3 A general dispensation from irregularities and impediments to the reception of orders is valid for all orders.
Article 4: Documents and Investigation
Chapter III: Registration and Evidence
Title VII: Marriage (Canon 1055 - 1165)
I. Introduction * Position of Marriage in Society * Competition between State and Church regarding formal control over marriage was played out in the 19th century as the two institutions struggled for control over society. Belgian constitution Article 21.2 requires civil marriage before religious and is probably indefensible under modern human rights law. When written, the content of the two was nearly identical. Lifelong partnership, requiring free consent, husband dominant, procreation was and element. * Creeping evolution in content of marriage: divorce, equality of men and women, procreation not essential, artificial and assisted procreation, prenuptial agreements specifying content of marriage. Meanwhile canonical marriage was evolving to a lifelong covenant and community of life. So there exists now a real difference in the civil and religious marriage, is the church limiting human rights by disallowing remarriage by one who is civilly free to marry? * Civil law struggles to provide a legal position for various life partnerships: same sex, live-ins, etc. 1. Now church (formerly at odds with state control of marriage) supports state restriction of marriage to heterosexuals - as if state had the right. 2. Though church sees secular marriage as a non-entity, it opposes homosexual marriages and cohabitation. The church yields competence to the state, then wants to invest it with church significance. * Conclusion: Three eras in catholic marriage and religious freedom: 1. 19th century - church and state competition. 2. Last half of the 20th century saw a widening gap between the content of state and catholic marriage. 3. Church now seeks to use its influence to exclude same sex unions from the perview of marriage. * Theological Historical Approach to matrimonial law (2 classes). Canon law is the institutional aspect of ecclesiology - communion is the theological dimension. * Theological Approach_
* Heart of the theology of marriage. The fathers of the church didn't begin with expounding a theology of marriage. Some canons on matrimonial law can't be understood if we don't have the basic theology. Indissolubility is related to the bond between Christ and the church.
* Marriage has no religion - it is natural. Here we speak of christian marriage, after centuries of talking about the marriage of christians; this is a fundamental distinction. Two baptized persons marry and they have a christian marriage - to a large extent a catholic marriage. There is a ceremony in any culture because marriage is an earthly reality that has an inherent relationship with the sacred. Love is serendipitous yet transforming - and fundamentally natural; love intuits its origin in a way that makes itnaturally sacramental. Marriage isn't revealed - it is natural that itself reveals another love. * God sent prophets and it didn't work - but it is as if God saw that the love of spouses is a language for God to speak to human beings. Jeremiah speak of the divorce of the people from God; this was a favorite parable of God's love. So natural marriage has what is necessary for a sacramental marriage - i.e. in the old testament. * St. Paul also saw marriage as a language for God's revelation of Christ's relation to the church - which becomes the prototype for human marriage. This is the beginning of marriage as a sacrament - but it is not yet a theology of marriage. This is true, but not complete: it is easy to qualify the love as indissoluble - Jesus will never abandon his spouse - but is the church always faithful. This should be deepened, because if Jesus never failed, the church has historically failed; (Pope's apologies) and does this shed light on failed marriages today. * This is a dogmatic approach, but sacraments are for human beings; so this sacrament is to be lived by two human beings who live not dogma, but at an existential level. When we speak of the theology of a sacrament, it is in ideal situations. How do you apply theology of baptism to a baby? The theology deals with the reasonably mature couple. At the wedding, the plan is revealed, at the end, there will be differences. The couple accepts the responsibility: respondere the responsibility to resond to each other - the heart of marriage: two normally mature christian adults accept to be for each other a path by which the love of God will pass to the other party. Love is a language of God for each other. This is the individualization of the love of God for the individual. This has consequences: 1) fidelity and indissolubility - as is God's love; 2) forgiveness is critical as God is forgiving, spouses unable to forgive deny each other the experiencial knowledge of God's forgiveness - this is a responsibility of the spouses; and 3) communitarian aspect, code says marriage takes place in the parish of one of the spouses, but a community makes a marriage - the whole parish has a right to attend. This is also for the children. How do celibates experience this? God loves each individual - spousal love expresses this. God's love is also universal - celibate love expresses this. But it has no sign, like marriage. * Wedding homily - puts a burden on the spouses and makes the couple aware of their responsibilities. Prayer is a dialog between God and the Believer - like complete open spousal conversation. The first duty of the couple is to be for each other the best expression of God's love.
B. Historical Approach Fathers didn't do theology of marriage. At the start people were married before baptism. But they told them to live their natural love like Christian people. And the baptized married like any other people. It took centuries for this to develop. Canonical form was mandatory at the Council of Trent, before that christians married 'civilly' and nuptial blessing was just a pastoral rite; the couple would invite the pastor to the wedding reception and ask for blessing. Then there as consent outside the church, then going into the church for Mass. Pastoral and liturgical and even juridical inventions before a theology of marriage developed. Thus the theology is influenced by the other approaches, rather than the other way around. Impediments to marriage were developed before theology - what impedes marriage before what makes marriage. * Young people marry without understanding the responsibilities - the divorce and remain married. In the orthodox church (non-catholic) they have the same theology and teach indissolubility, but for them, when there is no more love, there is no more sacrament. This is the way to solve the problem. Recapitulate - after teaching that marriage is the sacramental image of God's love, what is the difference when a latin couple remain responsible after love fades; an eastern couple don't have to maintain a bond where there is no love. In the latin church it is the sacrament of the bond, in the east, it is the sacrament of love. They grant a certificate of divorce and the parties remarry, and it's not clear whether the second marriage is a sacrament (Lauilier) - the ritual is like a penitential rite. * Theological solution is needed - juridical solution doesn't address the real problem. Both sides of the church east and west were one for more centuries than not - why don't we look at that side to find the solution. If the couple splits - why not forgive - we forgive murderers. oikounomia - charity, understanding, forgiveness. We have a beautiful spirituality of penance, but not a theology of forgiveness. Juridical approach came before theological, so there is some catching up to do. * It is difficult to assert without possibility of mistake that the intervention was first pastoral, then moral, liturgical, juridical, then finally theological, because the various ecclesial centers were dealing with different pastoral issues and problems. Clandestine marriages were a problem for centuries, because the church accepted consent as the effecient cause of marriage - no witnesses - so evidentiary problem existed. There was a strong advice to marry in front of the church, but not a condition for validity. Marry between themselves, in the Lord - between believers. * Even Thomas of Aquinas never finished his treatise of marriage - by the 12th century, the theology of marriage was not yet clear. Augustine had something, but not like today. First treatice on marriage was by Hugo of St. Victor 13th century. Peter Damian in 13th century spoke of funerals as the 8th of the 12 sacraments. * Conclusion: is there something to say or to question about the fact that finally the church made of the marriage of Christians the christian marriage - is this a good thing? So many problems come from it. Two married people can't marry without sacrament. To what extent does this change take from Christians the exercise of a natural right? * Marriage Law and Canon Law Evolutions in Canon Law - * 1st 10 Centuries After the decline of the roman empire, there was a vacuum of power, so the church stepped in to protect what was important. Leo the Great 5th C protected consensualism in marriage, the only condition. Hinkmat of Rheims in 9th C added sexual consummation was a condition of marriage. He also saw real purpose of marriage was reproduction. Also, there came to be attention to indissolubility. Benedictio - later a consecration came to be seen as important. And a marriage without benedictio the children can't inherit, even civilly. * 10th Century on. Marriage is under the church, and theologians develop a theology of marriage. 12th Century canonical collection try to reconcile ideas about marriage. 1) consent 2) indissolubility 3) Monogamy 4) love not always recognized. 5) Procreation. Copula theory: Alexander III and Innocent III Consent is part of marriage - copula goes to indissolubility. Not consumated can be dissolved if a member enters the monastery. Consumated marriage can be dissolved by pauline privilege - one gets baptized and the other won't live with them. Then the baptized can re-marry. Aquinas: procreation and education, mutual support is against polygamy - this is the first time of this. Love is entered in the discussions, but since it can't be subject of norm, it was left out of juridic discussions. Thomas also introduced the notion of marriage as a control of sexual desires. Erasmus considers divorce as a practical solution in some cases. Luther grants innocent party the right to remarry though he generally recognized the indissolubility of marry. XXX sees it as consensual. * Counterreformation - church defends her ideas at Trent, confirming traditional principles: 1) sacrament, 2) monogamy 3) superiority of virginity 4) form of marriage - valid only if mutual consent is exchanged in the presence of a priest and two witnesses. Church sees itself as competent in all marriage affairs. Marriage doesn't change from Trent on up to the current code. In 1917 we have contract / consent as the element of marriage which Jesus elevated to a sacrament. Canon1013.1 Primary end of marriage is the procreation and education of children, the second end is mutual help and a remedy for sexual drive. The hierarchy of ends was emphasized. Giving and receiving of consent to the right of the body is perpetual and exclusive for the procreation of children. * Gaudium et Spes 48 - "Thus a man and a woman, who by their compact of conjugal love are no longer two but one flesh, render mutual help and service to each other through an intimate union of their persons and of their actions. Through this union they experience the meaning of their oneness and attain to it with growing prefection day by day. As a mutual gift of persons, this intimate union and the good of the children impose total fidelity on the spouses and argue for an unbreakable oneness between them.... Intimate partnership of married life and love has been established by the Creator and qualified by his laws, and is rooted in the jugal covenant of irrevocable personal consent." There is a shift that takes into account temporary personalist notions of covenant and relationship, procreation is important but not only purpose. It distanced itself from the traditional ends of marriage. GS 50 takes into account also procreation: Marriage to be sure is not instituted solely for procreation; rather its very nature as an unbreakable compact between personas, and the welfare of the children both demand that the mutual love of the spouses be embodied in a rightly ordered manner, that it grow and ripen. Therefore, marriage persists as a whole manner and communion of life, and maintains its value and indissolubility, even when despite the often intense desire of the couple, offspring are lacking. However, these lofty notions are difficult into juridic language, but the council should be a point of reference for law; this is difficult because this reference point isn't law. * CIC 1983, Under the influence of Vatican two and the code, we find a definition of marriage: Canon 1055, one of the most important canon. 1055.1 The marriage covenant, by which a man and a woman establish between themselves a partnership of their whole life, which of its own very nature is ordered to the well being of the spouses and to the procreation and upbringing of children, has, between the baptized, been raised by Christ the Lord to the dignity of a sacrament. 1055.2 Consequently, a valid marriage contract cannot exist between baptized persons without its being by that very fact a sacrament. Title VII of book 4 and Marriage Procedures in the Book 7 on procedures.
Foundational Canons and Essential Elements * Nature of marriage Canon 1055 §1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized. §2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament. * Institute or Contract - contracting parties are autonomous dynamic interlocutors. An institute has no room for negotiation; the parties join an existing system; the contents of the institute are fixed in advance and fall outside the will of the parties. Freedom is to lies in saying yes or no, an institute is static. Canon law marriage is more a matter of an institute, though the living out of it involves a contract. * Covenant or Contract - Both notions are included in canon 1055, Covenant resulting in a partnership of the whole of life in the first paragraph and Contract in the second. Hendricks - they two terms are synthetics; Daneels - contract is used for lack of better term; Torfs - covenant is given a place in the canon, but it is doesn't succeed in synthesizing the concepts. * Link between contract and sacrament. Important, difficult and daily problem faced by pastors. So be effective, the minister (here the couple) must want what the church wants. * Canon 1055 §2 Consequently, a valid marriage contract cannot exist between baptized persons without its being by that very fact a sacrament. * The cause of marriage is consent. Marriage was identified as a sacrament by the middle of the 12th century; the natural reality was already expressing the love of God, then it was recognized as such. Two positions on what makes the sacrament: 1) no clandestine marriage, but this isn't for validity. Some said priest does the sacrament, the couples do the contract - but then you could separate them. 2) other opinion said you can't separate contract/consent from sacrament, so they administer the sacrament to themselves, this was decided in 1880, Leo XIII, and came into the 1917 code. * Consequences: How can the marriage between two baptized persons who are nonbelievers, or who don't believe in marriage be considered a sacrament? They didn't intend what the church intends, so they aren't validly marriage. In the rite of marriage - the sacrament of matrimony presupposes and demands faith. Theologians say lack of faith compromises the validity of the sacrament. Also Familiaris Consortio. Then 95% of marriages are invalid. The problem is that the burden is insupportable on the shoulders of young people. But this isn't a ground of invalidity. Simulation is excluding a part of marriage - but sometimes they don't positively exclude it, but simply passively don't accept it. There is a presumption of law that if there is consent with witnesses and competent assistant - the marriage is presumed valid. This presumption is put in question in a marriage tribunal. The solution is to separate sacrament and contract; start with a civil marriage an grow into perpetual marriage - like a novitiate. Many more pastors would have to work with these couples to finally to bring them to the point of responsible Christian marriage. If we continue as we are, there is no solution. The marriage preparation should begin with good catechesis. Canon 1063 pastoral for marriage is catechesis, marriage preparation, celebration and pastoral support. The current situation is only one century old and the problems weren't foreseen. A theological problem and a condition on the right to marry. * Totius vitae consortium (canon 1055) - New notion in the 1983 code - it looks beautiful but what does it mean. "The marriage covenant, by which a man and a woman establish between themselves a partnership of their whole life, and which of its own very nature is ordered to the well-being of the spouses and to the procreation and upbringing of children, has, between the baptized, been raised by Christ the Lord to the dignity of a sacrament." This is an open notion, a broad interpretation is possible and creates new possibilities and problems of interpretation: * Zenon Grocholewski - tria bona + amor benevolentiae. That is worked out by Augustine; children (bonum proelis), exclusive fidelity (bonum fidei), indissolubility (bonum sacramenti). He tries to find a place for love as a substantial component of marriage but only as love directed to the object not on the person but on the marriage. * Ombretta Fumagalli Carulli - conjugal love - reciprocal integration - interpersonal relation, affection & complementarity. Doesn't want life community as completely absorbed by the tria bona. Somewhat abstract as well. * Cyril Murtagh - a qualitative surplus on the tria bona - he relies on the canonical judge to supply the extra. Progressive way of thinking, strict Canon Lawyers will never give so much freedom to canonists or judges. * Rik Torfs - cohabitation - faithfulness - aid & assistance: from the Belgian constitution.
3.The Ends of Marriage – fines (canon 1055)
1917 Code 1013.1 finis primarius est procreatio aeque educatio prolis; secundarius mutuum adiutorium et remedium concupiscentiae.
1983 Code 1055.1 The matrial covenant which is ordered by its nature to the good of the spouses and the procreation and education of offspring. No first and secondary ends. The two ends are on equal terms, with bonum conjugum coming first. But what does this mean in the legal context. Is it an end or a property of marriage. * Cormac Burke book He sees Bonum Conjugum as an end, not a property of marriage. The higher content you give to open notions, the more people can find ground for annulments. However, it also means less people are capable of concluding a valid marriage. Canon 1058 gives all persons the right to marry. * Torfs sees it as a property and thus a part of the marriage consent. It must be a source of new rights / an addition to the tria bona. If it isn't extra, then it wouldn't have been added. The tria bona can be maintained without love, but not the bonum conjugum without love. This allows more annulments possible. Torfs says there should be a place for the BC within the category of properties of marriage, not just in the ends, as with Burke. That can be by developing the BC as a separate bonum aside the tria bona, or by the BC penetrating into the content of the other bona. In either case, it becomes legally relevant and leads to more grounds of annulments. * The Essential Properties of Marriage – unitas and indissolubilitas. (canon 1056) Essential properties of marriage are unity and indissolubly which in Christian marriage obtain a special firmness by reason of the sacrament. * Unitas - Unity is often compared with fidelity, however fidelity means more than only exclusivity. Here it means one man and one woman - a clearer legal notion. * Indissolubilitas - Canon 1141. - A marriage that is ratum et consummatum can be dissolved by no human power and by no cause, except death. The high ethical charge of Jesus is seen to mean no divorce in the church. Each valid marriage is indissoluble. Divorce is easier to get civilly and socially more acceptable. Church position is posited on divine law, found in words of Jesus in Mark 10:6-12 - what God has joined together, no man must separate. Custom against can't abrogate (Canon 24.1). For this reason it is unthinkable for the legislator to change this in canon law. Examples of divine law claims in the code: impossibility of women's ordination, indissolubility of marriage. Obligatory celibacy is not divine law but ecclesiastical law. Indissolubility is the connecting thread of marriage law of the church. Theological arguments: 1) Marriage must be a permanent and stable institution, so it must be protected (GS 48, 49; FC 20). 2) found in New testament: Mk 10, Mt 19, Mt 5, Lk 16, 1 Cor 7. Only one text that leaves some room for discussion: Mt 19:9 I say to you whoever divorces his wife - unless the marriage is unfaithful - and marries another commits adultery. In Greek me epi pornea - not because of sexual abuse. Does it mean divorce is permitted in case of adultery? or is it only permission to separate? Code says separatio manente vinculo in canons 1151-1155 for the right to separate without remarriage because the bond remains. You can send away an adulterous spouse, but can't remarry - so indissolubility remains. On failure of marriage, even in modern society, the church knows no mercy; whoever has made every effort to save the relationships and nevertheless is left for another, has no possibility to remarry. * Position of Remarried divorced People. Given indissolubility, remarried divorced people, who exist in great number, are a problem in the church. Flanders 2/3 marriages end in divorce; only a few go for a annulment. Loving becomes suffering, nightmare. For faithful Catholics, this has several consequences: 1) no right to start a new relationship; 2) remarried is considered polygamous - receipt of communion may be forbidden. * 14 Sept 1994, CDF: In fidelity to the words of Jesus Christ, the church affirms that a new union cannot be recognized as valid if the preceding marriage was valid. If the divorced are remarried civilly, they find themselves in a situation that objectively contravenes God's law. Consequently, they cannot receive holy communion as long as this situation persists. Belgian bishops underlined the important role of personal conscience, they also wrote that it isn't up to the minister of communion to refuse one who presents himself. * Those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion. Canon 915. This was given as a declaratio, not a valid interpretation. None of these texts is binding however. * Establishment of marriage and matrimonial consent. In the western legal tradition starting with Roman Law, consent is the lynchpin of marriage law. It is the cornerstone of the whole system that cannot be replaced by anything else 1057.1. A marriage is brought into being by the lawfully manifested consent of persons who are legally capable. This consent cannot be supplied by any human power. Two legal traditions: * Roman law in the school of Paris - consent is the beginning of marriage. * German law in the school of Bologna - consummation is the beginning of marriage.
In the middle ages there was a debate between the two school. In the end Pope Alexander 3 (Bandinelli) in the 12th Century found a compromise: consent is constitutive, but if the marriage is not consumed, the marriage can be annulled by the pope, Canon 1061.1: "A valid marriage between baptized persons is said to be merely ratified, if it is not consummated; ratified and consummated, if the spouses have in a human manner engaged together in a conjugal act in itself apt for the generation of offspring. To this act marriage is by its nature ordered and by it the spouses become one flesh." Ratum et consummatum is consent and consummatum. This is quite rare: Catholic divorce. 2 cases in 17 years in Mechelen-Brussels. Rooted in canonical tradition - cited as a matter of divine law - no human power can supply for the lack of consent. Only Rome can grant the 'divorce' though local tribunal prepares the case. Consent is so important that if a marriage is invalid because of lack of form, it can be convalidated without renewal of consent. Annulment goes back to the moment of consent (unlike divorce which goes to the breakdown of the marriage). Consent must be in full freedom, conscience and presence of mind. Canon 1057.2 Matrimonial consent is an act of will by which a man and a woman by an irrevocable covenant mutually give and accept one another for the purpose of establishing a marriage. Both free will and intellectual understanding of the content of marriage. See also Canon 1101.1 "The internal consent of the mind is presumed to conform to the words or the signs used in the celebration of a marriage." This may not be a realistic expectation in modern western society. Even if they don't have this in mind during the celebration, the church presumes that they do, and this makes their marriage indissoluble.
Canon 1056 Essentials.
Unity and indissolubility are essential elements. Exclusion of essentials invalidates marriage.
Canon 1057 Consent.
Consent is the cause of marriage. Man and woman give and receive consent.
Canon 1058 The Right to Marry.
All can contract marriage who are not prohibited by law. Prohibited by ordination, vows, prior bond, under age, unfree, lacking mental capacity. If the right to marriage is absolute, there is a problem with annuling the marriage and allowing the person to marry again. Judge can express a prohibition (vetitum) or warning (monitum). With a prohibition the judge notes the continuing existence of the problem causing the nullity, highlighting the reason for nullity and asks that the parties receive counseling, even the new prospective spouse may be recommended to receive counseling. But even if not heeded, the new marriage would still be valid. Most annulments recommend counseling in the US and Australia - not so in Western Europe.
Canon 1059 Authority.
The Church claims authority over marriage where at least one party is catholic. If both are baptized (Catholic or not), it is sacramental (rata). Inter-ritual couples have to be free of all impediments of both ritual churches. Church recognizes validity of civil marriage of the unbaptized, i.e. also invalidity - but as to divorce, it's against divine law.
Canon 1060 The favor of the Law.
Marriage enjoys the favor of law. Consequently, in doubt the validity of a marriage must be upheld until the contrary is proven. Burden of proof is on the person contesting the marriage. Even if you have serious doubts or are sure the marriage is invalid, you still have to prove it, and providing the evidence is not easy - remember that we are going back to the moment of consent, sometimes very many years later. T: While the legal presumption is for the validity of the marriage, the practical presumption of many is invalidity.
Canon 1061 Ratum et Consummatum. 1. A marriage is ratified by consent, consummated by conjugal relations after consent. 2. If the spouses have lived together after marriage, consummation is presumed. 3. Invalid marriage is putative, unless and until nullity is certain for both parties.
Canon 1062 Engagement.
Engagement governed by Bishops Conference norms. 2. Promise of marriage can't be enforced, but action for damages may arise.
Chapter I: Marriage Preparation (canon 1063-1072)
Canon 1063 Pastoral Assistance.
Pastors are to assist married couples by: 1. preaching and teaching on the meaning of christian marriage and the role of christian spouses. 2. Marriage preparation for prospective spouses. 3. Celebration of marriage liturgy. 4. pastoral care of spouses. Because of right to marry, preparation can't be imposed. Also, omission of preparation can't be an impediment.
Canon 1064 Preparation Organized.
The local ordinary is to organize marriage preparation; if opportune, he can consult with men and women.
Canon 1065 Other Sacraments. 1. Spouses should be confirmed before marriage. 2. They are also urged to receive penance and eucharist.
Canon 1066 Freedom for Marriage.
Before the marriage, it must be established that the parties are free to marry. These canons are simplified from the 1917 Code.
Canon 1067 Bishops's Conference.
The bishops conference is to establish norms on questions to be asked, banns, and other inquiry. After fulfilling this, the priest can assist at the marriage.
Canon 1068 Danger of Death.
In danger of death, unless there are contrary indications, the oath of the parties suffices to establish freedom.
Canon 1069 Must Reveal.
The parties are obliged to reveal known impediments.
Canon 1070 Investigation Results.
Investigator is to notify the pastor in writing about the results as soon as possible.
Canon 1071 Cautions.
§1. Except in a case of necessity, a person is not to assist without the permission of the local ordinary at: 1. transients; 2. a marriage not recognized in civil law; 3. one with natural obligations; 4. notorious rejector of the Catholic faith; 5. a person who is under censure; 6§ a marriage of a minor child when the parents are unaware or reasonably opposed; 7. proxy. §2. Notorious rejector must make promises in canon 1125. It can be problematic to bring the notorious rejector (#4) to the required preparation - much has been written. Other points were in the prior code.
Canon 1072 Early Age.
Pastors are to dissuade from marrying those who are below the customary marriage age in the region.
Chapter II. Diriment Impediments (canon 1073-1094)
Diriment impediments. Roch Page. 2 of the 12 that are most timely for pastoral and moral problems. Overview then dispensation, impotence will be covered, with biomedical ethical issues. Canon law should accept to be questioned by modern bioethical issues around fertility treatments. Bond of a previous marriage - and possibilities for a solution for religious practice. * Diriment impediments raise the question fo the right of the church to condition or deny the exercise of a natural right. Canon 1058 - all can contract marriage who are not impeded by law. Same in the 1917 code but it isn't absolute. Canon 843 §1 Sacred ministers may not deny the sacraments to those who opportunely ask for them, are properly disposed and are not prohibited by law from receiving them. This is also a limit to the exercise of marriage. The right to marry is related to the person and to the nature of marriage. It can't be denied in principle, unless there is a circumstance which impedes it's right to come into existence, this is called an impediment. E.g. impotence invalidates, baptized or not. * In the broad sense, an impediment is all that opposes the regular conclusion of the matrimonial contract, e.g. defect of consent. In the strict sense, in the code (diriment - in the strict sense - invalidating) is a circumstance or obstacle or external condition affecting the contracting parties and that opposes the valid conclusion of marriage. * Among the 12 diriment impediments: disparity of worship, a catholic marries a non-baptized person. But there is a norm stating that a Catholic who wants to marry a non-baptized person unless there is a dispensation. Dispensation relaxes the law to allow someone to marry even in disparity of worship. Like a gate in a parking garage - it just raises to let you in. Dispensation relaxes the law, but doesn't effect the impediment. Diriment impediments have not always existed. In the former code there were prohibitive impediments, making the marriage illicit, not invalid, e.g. 1) mixed catholic and other baptized; before a dispensation was needed, now only a permission. 2) there were also simple vows which were prohibitive - no more, but now it is diriment; 3) legal relationship, e.g. by adoption, it is diriment. * Defect of canonical form or lack of consent or failure in due discretion. Diriment impediment is external that has nothing to due with consent. Consent is internal so hard to exclude people without a medical certificate. * A bishop can't create a new diriment impediment, but the bishop can put an interdict to marry, prevent marriage for lack of basic preparation, a tribunal can impose an interdiction to a second marriage vetitum - e.g. psychic disorder that makes marriage impossible. Bishop can prohibit in a given case, but can't make extra impediments. Parish priest can't prohibit, but can say I refuse to marry you - often because of discretion or preparation. But this is subjective. So they can't be obliged to assist. * Occult, public, divine, ecclesiastical law are all found in the canons. Impediments of divine law is of two kinds: natural and positive law - this binds everyone. Ecclesiastical call bind only catholics directly (indirectly bind their spouses). * 13 impediments in the eastern code: the 13th is spiritual relationship between sponsors and baptized and with the parents. This must be taken into account in adjudicating eastern marriages - their law, our process.
Canon 1073 Defined.
A diriment impediment renders a person unqualified to contract marriage validly. These restrict the right to marry, and should be interpreted strictly. Simple impediment affects liceity, not validity. Three impediments affecting liceity: temporary public vow of chastity, civil impediment and mixed religion in the 1917 code have been suppressed. So now all impediments affect validity. Eastern Rites have more extensive impediments. 1. More extensive affinity; 2. more extensive public propriety imepdiment; 3. spiritual relationship is still an impediment in the East; 4. Impediment of abduction is more extensive. Impediments make the person incapable of contracting marriage.
Canon 1074 Public or Occult.
An impediment which can be proven in the external forum is considered to be public; otherwise it is occult. Repeats 1917 canon 1037.
Canon 1075 Establishment of Impediments
§1. Only the pope can declare divine law impediments. §2. Or establish other impediments for the baptized. C: Holy See can declare divine law and establish human law impediments. This is parallel to canon 1038 of the 1917 code.
Canon 1076 Custom
A custom which introduces a new impediment or is contrary to existing impediments is reprobated. Follows from the above.
Canon 1077 Prohibit Marriage
§1. In a special case, the local ordinary can prohibit marriage for his own subjects anywhere and for those in the territory, for a grave cause, and for as long as the cause continues. §2. Only pope can add a nullifying clause to a prohibition.
Canon 1078 Dispensation
§1. The local ordinary can dispense non reserved impediments of ecclesiastical law. §2. Reserved impediments are: 1. orders, public perpetual vow of chastity (pontifical right); and 2. crime. §3. No dispensation consanguinity in the direct line or in the second degree of the collateral line. C: The code commission had initially proposed more reserved impediments: age over 1 year, orders or perpetual profession, crime, consanguinity to the 3rd degree, affinity in the direct line. C: in former code, legitimation of children was also cause for dispensation, also need to avoid scandal. Also, dispensation from orders was impossible. Also former code allowed confessor to dispense only in confession, but it also allowed dispensation of public impediments. There should be a just or proporational cause given by the requesting party. Also never dispensed are impotence and prior bond (except pauline and petrine privileges.)
Canon 1079 Danger of Death.
§1. In urgent danger of death, the local ordinary can dispense everything but orders. §2. In his absence, the pastor, delegate or assisting minister can so dispense. §3. Confessor can dispense occult impediments. §4. The local ordinary is not considered accessible if he can be reached only through telegraph or telephone. Is the ordinary ever really accessible to the people?
Canon 1080 Emergency Dispensation
§1. Local ordinary can dispense late discovered impediment. §2. This power is valid even to convalidate a marriage. C: 1. Discovery is by the priest or ordinary, even if others knew. 2. Wedding prepared means prenuptial procedures of bishops conference have been carried out. 3. occult means the impediment is de facto not divulged.
Canon 1081 Notification
Notify the local ordinary immediately about a dispensation granted for the external forum; and not it in the marriage register.
Canon 1082 Occult notification
Dispensation in internal forum is to be noted in a book which must be kept in the secret archive of the curia; no other dispensation is necessary if it later becomes public.
*** Leave by formal act - then you aren't bound by form. So your merely civil marriage is covered where as your civil marriage wouldn't have been covered before.
Chapter III: Individual Diriment Impediments
Canon 1083 Age.
§1 A man before he has completed his sixteenth year of age and a woman before she has completed her fourteenth year of age cannot enter into a valid marriage.
§2. The conference of bishops is free to establish a higher age for the licit celebration of marriage. These are for liceity only.
Canon 1084 Impotence.
§1 Antecedent and perpetual impotence whether absolute or relative, nullifies marriage by its very nature. §2. If the impediment of impotence is doubtful, a marriage must not be impeded nor, while the doubt remains, declared null. §3. Sterility neither prohibits nor nullifies marriage.
Church or pastor won't allow marriage if the man is in a wheel chair. We have to distinguish impotence and sterility - impotence is inability to accomplish the conjugal act in a natural way. It is different from sterility which is the physical impossibility to procreate. The first is an impediment, the second is not. It is a diriment impediment of natural law - divine natural law.
Antecedent It is if impotent before consent.
Perpetual - if there is an incorrectable impotence - it is perpetual if it can't be healed medically without 'serious risk of life.' Today, there is surgery, but before it isn't that clear. What about prosthesis, moralists discuss this.
Absolute or relative - Absolute if it is with any partner, relative if it is with just these spouses.
Doubtful - if the impotence is doubtful, don't prevent, or declare null. It doesn't have to be a strong doubt - a hint of a doubt is good enough to allow the marriage. At the annulment, if the doubt persists, you can annul, but if you can resolve the doubt in favor of impotence, then it can be annulled.
Case 1 Man has vasectomy before marriage - in WWII thousands of men were involuntarily sterilized. Rota and CDF diverged on this. Rota said invalidates; CDF said OK (ejaculation of semen not necessary). May 1977, CDF issued a decree on it. Marriages annulled before 1977 according to Rota practice - when a judgment is issued in nullity, it never becomes res judicata. Judgments on things becomes final. But judgments on the status of persons never become final. If it is an interpretation of natural law, it is retroactive; but if it is a new law, then it is prospective only.
Case 2 If a man has a vasectomy just before marriage. The tribunal will investigate the intention against children and whether it was disclosed to the wife. If the man promised children, then 'reneged'. What about viagra - is this part of 'humano modo'? 'aphrodisiac is not an impediment to humano modo' - penetration, ejaculation and semen. {Privilege: priva lex.}
Case 3 Prosthesis for penetration {penetration presumes erection} - this depends. Is there also ejaculation of certain semen. Opinion: if only penetration no intercourse, so impotence. If there is ejaculation of certain semen - the question is brand new. Urology feels it has practically eliminated impotence. The question hasn't been definitively answered from the Holy See. The bioethicists are discussing it.
Case 4 Marriage of elders. Pastoral care says marry them, but it is against the ends of marriage. Bonum conjugum is one of the ends now, and bless the marriages.
Canon 1085 Prior Bond
§1. A person bound by the bond of a prior marriage, even if it was not consummated, invalidly attempts marriage.
§2. The nullity or dissolution of the prior marriage must be established legitimately and certainly. * Lack of form case requires certificate of baptism, civil marriage, civil divorce, sworn statement of no prescribed form. * If you marry again, it is against unity first (polygamy) and against indissolubility. In fact that only marriage that can't be dissolved - is one that is ratum et consumatum - dissolution is different from declaration of nullity. Opinion - the church decided in the 11th or 12th century under Alexander V, that it had the right to dissolve a ratum et non consumatum marriage - the pope can dissolve - not perfected. If the church spent a Millenium not knowing that it could dissolve these, will it maybe one day find that it can dissolve more. Has the church discovered all it's capacity to lead its people to heaven. * Canon 1085 §2 Even though the previous marriage is invalid or for any reason dissolved, it is not therebylawful to contract another marriage before the nullity or the dissolution of the previous one has been established lawfully and with certainty. Tribunals in multi-confessional areas - 1st marriage: Anglican and Lutheran then divorce. 2nd: Anglican and Calvinist then divorce. 3rd: Anglican and Methodist then divorce. Now wants ot marry a catholic. which marriage do we examine. Since the first marriage is presumed valid, it enjoys favor of law. 1060. But if you invalidate - then you have to look at the second, then the third. * Divorced remarried Catholics - this is pastorally difficult and a theological problem. Canonists try to solve this, but it is a bad use of law. Some would like more grounds. Look to the orthodox churches. Internal forum solution - let the people judge for themselves; no wedding ceremony for this. This is helpful till we find something better. * Conflict Situation: a person is certain in conscience, but has not been so adjudged by a tribunal, or not yet, or maybe not enough evidence. there is a conflict between the internal and external fora. * History - even St. Paul advised Christians to marry in the Lord, which probably means marry between baptized. In the 1917 Code, the legislation on mixed marriages was very strict. "If there is a danger for the catholic party or the children, it is prohibited by divine law." Parties had to sign the promise of raising kids catholics and needed dispensation. Mixed marriage had no liturgical rite, and presence of non-catholic minister forbidden under pain of excommunication. Vatican 2 didn't address the issue at all, but right after the council, CDF issued an instruction allowing dispensation from canonical form granted by the Holy See. In 1970, MP Matrimonia Mixta completely reorganized the law. Non-catholic promise no more required. The 1983 code follows this, but the Catholic party must intend to have the children baptized. Now, canon 1125 backs off from promise to baptized, to the promise to do all in their power to have them baptized. Usually dispensation from canonical form has a condition that it be public. * Civilly married for a long time, then want to 'regularize', there are two possibilities: 1) private ceremony, 2) convalidation with renewal of vows. In some dioceses, the bishop may want to reserve the case so they can investigate whether there was ever a catholic wedding. If they skip the process, it would be valid, but the priest may be in trouble. Legislator can't go against higher norm.
Canon 1086 Disparity of Cult / Worship.
§1. A marriage between a Catholic and an unbaptized is invalid. §2. No dispensation unless canons 1125 and 1126 have been fulfilled. §3. In a doubtful baptism, validity is presumed. Ecclesiastical law, so can be dispensed. Baptized non-catholics were not bound by the impediment. Mixed marriage is with another Christian; disparity of cult is with a non-Christian. 359 dispensations in Belgium. Free choice is important in Catholic thinking, but it is not in other religious traditions - parents, community may be more important, and arranged marriages are accepted. It is sacramental with Catholic and unbaptized after dispensation. Dispensation is from the Ordinary or his vicars. * If one of the two is RC, you need dispensations for diriment impendiments and you are bound by canonical form.
Canon 1087 Orders.
Those in sacred orders invalidly attempt marriage. Must be ordained knowingly, freely and validly. Dispensation by pope alone; rarely given. Ipso facto removal from office, see canon 194, 1394.
Canon 1088 Relgious Vow.
Those bound by a public perpetual vow of chastity in a religious institute invalidly attempt marriage. Results in ipso facto dismissal, see canon 694, 1394.
Canon 1089 Abduction.
No marriage can exist between a man and a woman who has been abducted unless the woman chooses marriage of her own accord after she is established in a safe and free place. Positive discrimination for women.
Canon 1090 Crime.
§1. Murder of anyone's spouse for marriage invalidates. §2. Conspiracy for murder invalidates.
Canon 1091 Consanguinity
§1. In the direct line of consanguinity marriage is invalid between all ancestors and descendants, both legitimate and natural. §2. In the collateral line marriage is invalid up to and including the fourth degree. §3. The impediment of consanguinity is not multiplied. §4. A marriage is never permitted if doubt exists whether the partners are related by consanguinity in any degree of the direct line or in the second degree of the collateral line. Very much influenced by Roman Law. Arises by conception and birth, both parents in common or both parents in common. Direct line is parent, child, grandparent, etc. Always invalidates. This divine law in the first degree. In the collateral line (with a common ancestor) is invalid to the fourth degree - second degree probably divine law, the others can be dispensed.
Canon 1092 Affinity.
Affinity in the direct line in any degree invalidates a marriage. Affinity is created by marriage - one has affinity with the blood relations of the spouse. It is only the partners and the inlaws. (Clearer in english than other languages.) Eastern churches have two additional affinity of second degree collateral - sibling of spouse.
Canon 1093 Propriety.
The impediment of public propriety arises from an invalid marriage after the establishment of common life or from notorious or public concubinage. It nullifies marriage in the first degree of the direct line between the man and the blood relatives of the woman, and vice versa. So people aren't married, but live together - they can get married, but the impediment affects the first degree direct line of the family of the people. It is consanguinity or affinity that arises from public concubinage - ecclesiastical law can be dispensed.
Canon 1094 Adoption.
Those who are related in the direct line or in the second degree of the collateral line by a legal relationship arising from adoption cannot marry validly.
Chapter IV: Matrimonial Consent
Canon 1095 Incapable.
The following are incapable of contracting marriage: 1. those who lack sufficient use of reason; 2. those who suffer from a grave lack of discretionary judgement concerning the essential matrimonial rights and obligations to be mutually given and accepted; 3. those who, because of causes of a psychological nature, are unable to assume the essential obligations of marriage. Attempt is to make consensual incapacity a juridical term. Capacity must be in proportion to the object of marriage. Impediments are a bar to contracting, this incapacity expresses the fundamental inability to place a free, full and responsible human act of this magnitude at the moment of consent. 1) Lack use of reason may include substance induced indiscretion. 2) Grave lack of discression must go to the capacity of consent. The incapacity goes to the rightsobligations of marriage. Consent is proved valid, unless and until the contrary is proven for the moment of consent. 3) The psychological cause doesn't make them unable to consent, but makes them unable to assume the obligations of the consent. And therefore the consent is defective. Seriousness of the the psychological causes is not at issue, but their affect on capacity to assume. * Number 1. Lack of use of reason: permanent incapacity, alcohol, trauma, depression; it is better to go to number two * Number 2. Incapacitas eliciendi - Lack of discretion - poor judgment. Clear, it must be a grave lack of discretion about to the matrimonial rights and duties. You have to be able to evaluate yourself and the other person. Did they know each other sufficiently at the moment of marriage. E.g. too young, short courtship, failing courtship, courtship when they spent less time together. * Number 3. Incapacitas assumendi. Lacked psychological integration to enter a marriage. Alcoholism, Psychic disorder, Homosexuality. Not for physical reasons. Can't live it out on a daily basis, even if you know what you are doing. The mental illness itself itsn't the problem, but its interference with the marital life. Canon 1680 - expert testimony.
Canon 1096 Ignorance.
§1 Matrimonial consent requires parties at least not ignorant of the fact that marriage is 1) a permanent partnership between a man and a woman, 2) ordered to the procreation of children, 3) through some form of sexual cooperation. §2 This ignorance is not presumed after puberty. (Puberty not defined) (what of knowledge of life and love and mutual growth?) Limited ignorance. Know: life long partnership, parenthood, sexuality. Current US jurisprudence is exploring the partnership element. This can work locally, but it won't be followed by the Rota.
Canon 1097 Error.
§1 Error about a person invalidates a marriage. §2 Error about a quality of the person doesn't invalidate, unless it is the principal quality intended. Wanted to marry Sam, married Joe by mistake. What qualities? Error in corpus or error in qualitatis. Polish Twins. Woman who said she was a nurse would help doctor. But marriage shouldn't be just one element, so this is problematic.
Canon 1098 Deceit.
Marriage is invalid if obtained by deceit, concerning an important quality. New in this code. Deceit can be by a third party, but must be done to obtain consent, and be about a quality of the marriage partner. E.g. don't tell you can't have children - dolus. Homosexual who doesn't reveal it. New as a separate ground, but before it was linked to error.
Canon 1099 Indissolubility.
Provided it does not determine the will, error concerning the unity or the indissolubility or the sacramental dignity of marriage does not vitiate matrimonial consent.
Canon 1101 Simulation.
§1 The internal consent of the mind is presumed to conform to the words or the signs used in the celebration of a marriage. §2 If either party excludes marriage or an element of it, it is simulation. W: they are promising a lot, love and respect for all of life. It is not likely that they understand and are willing to do this. Externally and internally consent. W: Simulation may be total or partial. Partial is withholding consent to an element or property. Total - doesn't consent to marriage - it is only a means to another end. E.g. intention against fidelity, divorce mentality - we will do our best. Intention against children can be implicit - always use contraceptives.
Canon 1102 Condition.
§1 Marriage cannot be subject to a future condition. §2 Past or present condition is subject to that condition. §3 Condition in §2 requires Ordinary's consent.
Canon 1103 Force and Fear.
A marriage is invalid which was entered into by reason of force or of grave fear imposed from outside, even if not purposely, from which the person has no escape other than by choosing marriage. W: This goes against consent. One of the oldest nullity grounds even in the middle ages. This can be fear of suicide. Even reverential fear, e.g. toward parents.
Canon 1104 Proxy.
§1 Contracting parties must be present together, either personally or by proxy. §2 The spouses express their matrimonial consent in words or signs. §4 If the mandator revokes or becomes incompetent, proxy is prospectively invalid.
Canon 1105 Proxy.
§1 Requirements for proxy: 1° Special mandate to contract with a specific person; 2° Proxy to be designated to act personally; §2 Mandate to be signed by mandator and pastor, or civilly valid; §3 If the mandator cannot write, other record is made.
Canon 1106 Interpreter.
Marriage through a trustworthy interpreter.
Canon 1107 Presumed valid.
Even with impediment or defect of form, the consent given is presumed to persist until its withdrawal has been established.
Chapter V: Canonical Form (canon 1108-1123). * Catholics have to use the correct form or ask a dispensation from the bishop. If this is not done, the marriage is not recognized as valid - civil ceremony is invalid, same for protestant ceremony. Defectus formae procedure is also a possibility for annulment - E.g. Charles - all documentary procedure. Two elements for the form to be valid, it was fixed at Trent in Tametsi: 1) Two witnesses; 2) an official representing the church (priest or deacon - the pastor where the wedding takes place, or someone delegated by him). * Canonical form - important because of era. How many young people with minimal religious education will marry in the church sacramentally and divorce and remarry civilly and receive communion without any problem. * Canonical Form Canon 1108-1123. The expression, even if it concerns external aspect, liturgy, prenuptial preparation, investigation, etc. It consists of authorized assistant and two witnesses. Canon 1108. The priest assists, this is the formal juridical term. Spouses are ministers. Validity requires the assistant and witnesses - law doesn't make marriage - it is the consent that makes marriage. So why is form mandatory? From the 8th century on, the church was concerned with clandestine marriages. Sometimes they were done because society wouldn't allow marriage otherwise. But there was no evidence of the consent, so hard to control. And how could impediments be controlled, e.g. consanguinity. The church intervened at the council of Trent. forbidding the clandestine marriages wasn't sufficient. Tametsi declared them invalid. so it was for control. Witnesses need not be catholic but must have the use of reason and be able to "witness." Impairment of assistant, witnesses or parties invalidates marriage. * 3 Grounds to declare a marriage null: 1) diriment impediment; 2) defect of consent; 3) lack or defect of canonical form. People marry civilly and if one or both are catholic, their marriage is invalid. Some marry civilly because of a prior bond, others because the prefer, others just don't know. If a couple comes for wedding and one was catholic and married civilly - but call the chancery because in some dioceses, the ordinary wants some notice. In a remote place, they can marry before two witnesses only - Canon 1116 - extraordinary canonical form. Eastern code has the same, but the need the blessing as soon as possible. If there is a defect of form, then the tribunal can procede on documentary evidence. Regarding dispensation of canonical form: if two catholics want marry in an Anglican church or civil authority - this cannot be granted. But in some cases it is possible when the man was a former Anglican, his father was a minister, and they got permission from the pope. Almost never, but in danger of death, okay (it is a case of convalidation). Mixed marriages can get dispensation of form.
Canon 1108 Form.
§1. For validity, assistant and two witnesses required as described here. §2. Asssistant is present, asks for the manifestation of the consent of the contracting parties, and receives it in the name of the Church.
Canon 1109 Assistant.
Unless the local ordinary and pastor have been excommunicated, interdicted, or suspended from office or declared such through a sentence or decree, by virtue of their office and within the confines of their territory they assist validly at the marriages not only of their subjects but also of those who are not their subjects provided that one of them is of the Latin rite.
Canon 1110 Jurisdiction.
By virtue of office, a personal ordinary and a personal pastor assist validly only at marriages where at least one of the parties is a subject within the confines of their jurisdiction.
Canon 1111 Assistant.
§1 As long as they validly hold office, the local Ordinary and the parish priest can delegate to priests and deacons. §2 Specific delegation can be oral, a general delegation must be in writing. They have to examine whether the parties are free to marry. * Before 1 August 1948, the catholic party must be baptized and raised catholic to be bound by catholic canonical form. This means other forms were valid for the rest. * In the new code, catholics only had to be baptized to be bound by catholic canonical form to have a valid marriage. A catholic who has left the church by formal act is not bound to canonical form. (Now, one who becomes protestant now marries validly for catholics. By leaving, they are not bound by form, so they marry validly without the form.) For two Roman Catholics who marry civilly, it is not valid; however, if they both leave the church, it is a valid marriage. Leaving by formal act is mentioned in Canon 1117 - read with 1108. Only Roman Catholics can receive the sacraments. After November 26, 2006, leaving by formal act means internal decision + external act + received by competent ecclesiastical authority.
Canon 1112 Lay Persons.
§1. The diocesan bishop can delegate lay persons to assist at marriages with the okay of bishops conference and holy see. §2. A suitable lay person is to give instruction and perform the matrimonial liturgy.
Canon 1113 Free Status.
Before special delegation is granted, all those things which the law has established to prove free status are to be fulfilled.
Canon 1114 Illicit Assistance.
Assistance is illicit unless free status of the couple is shown.
Canon 1115 Place.
Marriages are to be celebrated in a parish where either of the couple has a domicile, quasi-domicile, month long residence or where transients actually reside. With permission of the proper ordinary or pastor, marriages can be celebrated elsewhere.
Canon 1116 Extraordinary Form.
§1. A couple can contract it validly and licitly before witnesses only: 1. in danger of death; or 2. if they can't get a proper assistant for one month.
§2. In either case, a priest or deacon is should be called if available.
Canon 1117 One Catholic.
Canonical form is required if at least one is Catholic. and has not defected from it by a formal act, without prejudice to the prescripts of can. 1127, §2.
Canon 1118 Parish Church.
§1. With at least one Catholic, marriage is to be celebrated in a parish church, or other church or oratory with permission. §2. Or another suitable place with permission. §3. With a Catholic and non-baptized, marriage can be celebrated in a church or in another suitable place.
Canon 1119 Rites.
Outside of necessity, the rites prescribed are to be observed in the celebration of a marriage.
Canon 1120 Bishop's Rite.
The conference of bishops can produce its own rite of marriage, assistant must ask for the manifestation of consent of the contracting parties, and receive it.
Canon 1121.
§1. After a marriage has been celebrated, the pastor of the place of the celebration or the person who takes his place, even if neither assisted at the marriage, is to note as soon as possible in the marriage register the names of the spouses, the person who assisted, and the witnesses, and the place and date of the celebration of the marriage according to the method prescribed by the conference of bishops or the diocesan bishop.
§2. Whenever a marriage is contracted according to the norm of can. 1116, a priest or deacon, if he was present at the celebration, or otherwise the witnesses in solidum with the contracting parties are bound to inform as soon as possible the pastor or local ordinary about the marriage entered into.
§3. For a marriage contracted with a dispensation from canonical form, the local ordinary who granted the dispensation is to take care that the dispensation and celebration are inscribed in the marriage registers of both the curia and the proper parish of the Catholic party whose pastor conducted the investigation about the free status. The Catholic spouse is bound to notify as soon as possible the same ordinary and pastor about the marriage celebrated and also to indicate the place of the celebration and the public form observed.
Canon 1122 Registration.
§1. The contracted marriage is to be noted also in the baptismal registers in which the baptism of the spouses has been recorded. §2. Notice to be sent.
Canon 1123 Other Registration.
Convalidation, nullity or dissolution to be noted in the marriage and baptismal registers.
Exceptions to form 1) presumed valid minister; 2) lay person; 3) no one available for a month, just two witnesses are okay (canon 1116; 4) catholics who have left by formal act; 5) mixed marriages, canon 1127.
Chapter VI: Mixed Marriages (canon 1124-1129).
Mixed marriages - Dignitas Conubii has interesting changes especially matrimonial process. * Terminology: 1) mixed marriage outside the canonical context, it may be used in the broad sense of Catholic with a baptized non-Catholic or with a non-baptized. 2) in the canonical sense, it only means Catholic with a baptized non-Catholic - without permission illicit but valid. Catholic with non-baptized is disparity of worship - invalid without dispensation. For both, at least one has to be Catholic. * History - even St. Paul advised Christians to marry in the Lord, which probably means marry between baptized. In the 1917 Code, the legislation on mixed marriages was very strict. "If there is a danger for the catholic party or the children, it is prohibited by divine law." Parties had to sign the promise of raising kids catholics and needed dispensation. Mixed marriage had no liturgical rite, and presence of non-catholic minister forbidden under pain of excommunication. Vatican 2 didn't address the issue at all, but right after the council, CDF issued an instruction allowing dispensation from canonical form granted by the Holy See. In 1970, MP Matrimonia Mixta completely reorganized the law. Non-catholic promise no more required. The 1983 code follows this, but the Catholic party must intend to have the children baptized. Now, canon 1125 backs off from promise to baptized, to the promise to do all in their power to have them baptized. Usually dispensation from canonical form has a condition that it be public. Canon 1130-1133 is provision for secret marriage - e.g. to regularize a long standing civil marriage - to avoid scandal. To avoid civil disadvantages, e.g. pensions. This can have consequences if they are married sacramentally but not civilly. * Civilly married for a long time, then want to 'regularize', there are two possibilities: 1) private ceremony, 2) convalidation with renewal of vows. In some dioceses, the bishop may want to reserve the case so they can investigate whether there was ever a catholic wedding. If they skip the process, it would be valid, but the priest may be in trouble. Legislator can't go against higher norm. * Leaving by a formal act makes the catholic no longer bound by catholic marriage law. There are three mentions of defecting from the church by a formal act in marriage law: 1) mixed marriages; 2) disparity of workship; 3) canonical form. These are merely ecclesiastical law only applies catholic - so the exemption for those who defect is piric because it doesn't apply anyway. March 13, 2006. When the tribunal adjudicates a mixed or disparity case, Under the old code, we only judged according to catholic marriage law; but now we judge marriage between catholic and baptized, is governed by the marriage law of the other churches or ecclesial communities, or by customary law or civil law of the place. Dignitas Conubii says the church recognizes any form that the couple uses under its own terms. This canonizes the law underwhich a non-catholic or non-baptized person lives; but if there is no marriage law, then they are married civilly, and annulled civilly, then would it be accepted. Pius XII said if it is annulled in a way that doesn't go against divine law, it can be accepted.
Canon 1124 Inter-Ecclesial Marriage.
Express permission required to marry a non-Catholic Christian (for liceity - not validity).
Canon 1125 Promises.
Just and reasonable cause suffices. * The Catholic party declares readiness to remove dangers of defecting from the faith and promise to do all in his or her power that the children are baptized and raised Catholic; * the other party is to be informed of this; * both are to be instructed about the purposes and essential properties of marriage which neither of the contracting parties is to exclude.
Canon 1126 Form.
Conference of bishops establish the method.
Canon 1127 Mixed / Interritual.
§1. The prescripts of can. 1108 are to be observed for the form to be used in a mixed marriage. Nevertheless, if a Catholic party contracts marriage with a non-Catholic party of an Eastern rite, the canonical form of the celebration must be observed for liceity only; for validity, however, the presence of a sacred minister is required and the other requirements of law are to be observed.
§2. If grave difficulties hinder the observance of canonical form, the local ordinary of the Catholic party has the right of dispensing from the form in individual cases, after having consulted the ordinary of the place in which the marriage is celebrated and with some public form of celebration for validity. It is for the conference of bishops to establish norms by which the aforementioned dispensation is to be granted in a uniform manner.
§3. It is forbidden to have another religious celebration of the same marriage to give or renew matrimonial consent before or after the canonical celebration according to the norm of §1. Likewise, there is not to be a religious celebration in which the Catholic who is assisting and a non-Catholic minister together, using their own rites, ask for the consent of the parties.
Canon 1128 Pastoral Care.
Local ordinaries and other pastors of souls are to take care that the Catholic spouse and the children born of a mixed marriage do not lack the spiritual help to fulfill their obligations and are to help spouses foster the unity of conjugal and family life.
Canon 1129.
The prescripts of canon 1127 and 1128 must be applied also to marriages which the impediment of disparity of cult mentioned in can. 1086, §1 impedes.
Chapter VII: Secret Celebration of Marriage.
Canon 1130 Permission.
For a grave and urgent cause, the local ordinary can permit a marriage to be celebrated secretly.
Canon 1131 Meaning.
Permission to celebrate a marriage secretly entails the following:
1§ the investigations which must be conducted before the marriage are done secretly;
2§ the local ordinary, the one assisting, the witnesses, and the spouses observe secrecy about the marriage celebrated.
Canon 1132 Scandal.
The obligation of observing the secrecy mentioned in can. 1131, n. 2 ceases on the part of the local ordinary if grave scandal or grave harm to the holiness of marriage is imminent due to the observance of the secret; this is to be made known to the parties before the celebration of the marriage.
Canon 1133 Register.
A marriage celebrated secretly is to be noted only in a special register to be kept in the secret archive of the curia.
Chapter VII: The Effects of Marriage (canon 1134-1140)
Canon 1134 Bond and Sacrament.
From a valid marriage there arises between the spouses a bond which by its nature is perpetual and exclusive. Moreover, a special sacrament strengthens and, as it were, consecrates the spouses in a Christian marriage for the duties and dignity of their state.
Canon 1135 Equality.
Each spouse has an equal duty and right to those things which belong to the partnership of conjugal life.
Canon 1136 Care of Children.
Parents have the most grave duty and the primary right to take care as best they can for the physical, social, cultural, moral, and religious education of their offspring.
Canon 1137 Legitimate
The children conceived or born of a valid or putative marriage are legitimate.
Canon 1138 Paternity.
§1. The father is he whom a lawful marriage indicates unless clear evidence proves the contrary.
§2. Children born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life are presumed to be legitimate.
Canon 1139 Legitimation.
Illegitimate children are legitimated by the subsequent valid or putative marriage of their parents or by a rescript of the Holy See.
Canon 1140 Effects.
As regards canonical effects, legitimated children are equal in all things to legitimate ones unless the law has expressly provided otherwise.
Chapter IX: Separation (canon 1141-1155)
Article 1: Dissolution * Dissolution of the Bond (canon 1141-1150) 1. Ratum sed non consummatum (canon 1141-1142) - Canon law says all marriages have the properties of unity and perpetuity.
Canon 1141 Indissolubility
A Can. 1141 A marriage which is ratum et consumatum cannot be dissolved by any human power or by any cause other than death. (Only option is annulment). Two ways of dissolving a non-sacramental marriage - it is a natural but not a sacramental bond. Dissolution versus Declaration of Nullity - Be clear on this. Dissolution dissolves an existing bond - there was a bond that no longer exists; Nullity declares there never was a valid marriage (judicial decision).
Canon 1142 Ratum sed non consumatum.
Unconsumated marriage - one spouse must be baptized, one spouse can request even if the other is party is unwilling, only the Roman Pontiff can grant it. Consummation is sexual intercourse in a human fashion apt for generation of children (no rape) after consent. (12th century) Biological fact + manner of intercourse required. This happens more than separation - the case has to go to Rome. H: If both are unbaptized, then one is baptized, if consummation is not renewed, it is ratum non-consumatum.
Canon 1143 Privilegium Paulinum.
Dissolve the bond of two non-baptized people if one become baptized and the unbaptized won't live in peace with the baptized or without offense to the creator. They can marry another, baptized or not. The bond is dissolved by the new marriage if the other party departs (no procedure required). Based on interpretation of Paul 1 Corinthians 7: 12-15. Can be used for pastoral reasons. Two unbaptized divorce. Later one wants to marry a catholic - if they are baptized, they can make use of this privilege. Not the intent of Paul or the code, but it is a technique. (Could this be used to legitimate other - living in peace - for regular divorce.) It would have to be a baptism recognized by the Catholic church. Proofs: 1) both unmarried at the start (testimony); 2) respondent not baptized or planning it; 3) petitioner is baptized or is planning to be baptized before the new marriage; 4) respondent doesn't wish to co-habitate; 5) the petitioner will marry in the catholic church. The former spouse is also then free to marry in the church.
Canon 1144 Respondent.
The respondent has to be asked if he or she wants baptism, or will cohabit with the baptize partner. Should asked before baptism, there are procedures if impossible, etc.
Privilegium Petrinum. It was in the old code, but not in the current code. Decree in favor of the faith - grants a previous married person the right to marry under certain circumstances. One baptized after marriage, the other non baptized person. The pope can act in the favor of the catholic faith. Protestant lady who is married to an unbaptized person. Wants to marry a catholic - the pope can dissolve the first marriage. Either can re-marry. This isn't very ecumenical. A baptized and B unbaptized; Catholic wants to marry A and B remains unbaptized; 3) This is sent to the Holy See.
Canon 1145 Interpellation.
§1 Generally interpellation is by the local Ordinary of the converted party. Time is given for reply. §2 Interpellation can e private. §3 There must be proof of the interpellation and its outcome.
Canon 1146 New Marriage.
The baptized has the right to new marriage with a catholic if: 1° if the other party has replied in the negative to the interpellation, or if the interpellation has been lawfully omitted; 2° if the unbaptized person has left.
Canon 1147 Non-Baptized.
Pauline privilege can be used in marriage with another non-Christian.
Canon 1148 Polygamy.
§1 Baptized polygamist can retain a spouse (need not be the first) §2 The recognized marriage is to be contracted in the legal form, with due observance. §3 Adequate provision to be made made, in accordance with the norms of justice, Christian charity and natural equity, for the needs of dismissed spouses.
Canon 1149 Other Baptized.
Newly baptized who cannot re-establish cohabitation with the unbaptized spouse can contract marriage even if the first spouse receives baptism.
Canon 1150 Favor of Law.
In a doubtful matter the privilege of the faith enjoys the favour of law. I.e. in a doubt, resolve so that the baptized remarrying.
Article 2: Separation with the Bond Remaining.
(canon 1151-1155)
Canon 1151 Conjugal Life.
Spouses have right and duty to common conjugal life.
Canon 1152 Separation.
Separation with the bond remaining has existed for a long time: suspension of common life doesn't violate the principle of indissolubility. According to the system, it only prevents a second marriage. Marriage people that don't live together, and may be divorced in civil law, are okay with sacraments, etc. Reasons include: 1) adultery; 2) grave bodily harm to spouse or children; 3) grave spiritual harm to spouse or children; 4) dissertion. Without these reasons they can't separate. The party can make their own decision, but the official permission is from the bishop.
Canon 1153 Other Reasons to Separate.
Danger to spouse for so long as danger remains. The bond still remains. Completely different from the nullity case; you just need a decree from the bishop (usually done by the judicial vicar - but in factually they don't go for it, and it isn't a solution). It can be a 'consolation' if the nullity doesn't come through.
Canon 1154 Child Support.
After the separation of the spouses has taken place, the adequate support and education of the children must always be suitably provided.
Canon 1155 Renounce Right to Separate.
The innocent spouse laudably can readmit the other spouse to conjugal life; in this case the innocent spouse renounces the right to separate.
Chapter X: Validation (canon 1156-1165).
Article 1: Simple Convalidation.
(canon 1156-1160)
Canon 1156.
§1. To convalidate a marriage invalid by diriment impediment, the impediment must cease or be dispensed and at least the conscious party conscious renews consent. §2. Ecclesiastical law requires this renewal of consent. H: Convalidation is a legal remedy to make valid the original consent which was invalid. Concubinage can't be convalidated. Simple convalidation is the renewal of consent by the couple, radical sanation is a legal act by the church. Radical sanation goes back to the moment of consent. Main difference is emotional, no juridical difference in effect. Impediment may cease by 1) passage of time; 2) dispensation; 3) change of law. Renewed consent isn't required by divine law. Pastoral note - shouldn't bring up impediment if they won't separate, or if children would be harmed and can't convalidate. Convalidation validates a currently invalid marriage.
Canon 1157.
The renewal of consent must be a new act of the will concerning a marriage which the renewing party knows or thinks was null from the beginning.
Canon 1158.
§1. If the impediment is public, both parties renew the consent in canonical form, (see canon 1127, §2.) §2. If the impediment cannot be proven, it is sufficient that the party conscious of the impediment renews the consent privately and in secret, provided that the other perseveres in the consent offered.
Canon 1159.
§1. A marriage invalid bwhich is by defect of consent is convalidated if non-consenting the party if the partner's consent purdures. §2. If the defect of consent cannot be proven, consent can be private and secret. §3. If the defect of consent can be proven, the consent must be given in canonical form.
Canon 1160.
A marriage which is null because of defect of form must be contracted anew in canonical form in order to become valid, (canon 1127, §2).
Article 2: Radical Sanation.
(canon 1161-1165)
Canon 1161.
§1. The radical sanation of an invalid marriage is its convalidation without the renewal of consent; it is granted by competent authority who dispenses from an impediment, and/or from canonical form, and is retroactive.
§2. Convalidation occurs at the moment of the granting of the favor. Generally retroactive to celebration of marriage.
§3. A radical sanation is not to be granted unless it is probable that the parties wish to persevere in conjugal life.
Canon 1162.
§1. A marriage cannot be radically sanated if consent is lacking in either or both of the parties at the start or later on. §2. If consent was given after the wedding, the sanation can be granted from the moment the consent was given.
Canon 1163.
§1. A marriage which is invalid because of an impediment or a defect of form can be sanated if consent perseveres. §2. A marriage which is invalid because of an impediment of natural law or of divine positive law can be sanated only after the impediment has ceased.
Canon 1164.
A sanation can be granted validly even if parties do not know of it; nevertheless, it is not to be granted except for a grave cause. H: this can even be granted globally, e.g. if someone was an unauthorized minister.
Canon 1165.
§1. The Apostolic See can grant a radical sanation. §2. The diocesan bishop can grant a radical sanation in individual cases unless reserved to the holy see, or if it concerns an impediment of natural law or divine positive law which has now ceased. (see canon 1125).
Grounds to Declare the Nullity of Marriage.
People promise to live together to death, but there can be problems and divorce. The only solution in the church is annullment. The grounds go to the basics of marriage: * You have to know the basics of what marriage means. * You have to know the responsibilities of marriage and freely accept them. * You have to have the capacity 1) to evaluate and make the choice, and 2) the capacity to fulfill the obligations. People have to be willing and able. * Lack of discretion (one who is not able.) Canon 1095 is used daily, most common annullment grounds and most subject to open interpretation. This overturns the presumption of canon 1057 that the marriage is formed by the consent. See Canon 1095. * Canon 1680 in cases of impotence or defect of consent due to mental illness, one or more experts is to be consulted. * Minimalists and maximalists. Marriage is something that should be open to everyone, so you can't ask people to know too much or have too much capacity, so marriages don't get annulled so much. This is the problem with open notions, and also the benefit of the system where there is openness to interpretation. US and western Europe look for high level of capacity so that they can annul marriage. * Lack of Capacity, 1095, Ignorance 1096, Error 1097, Deceit 1098. * Lack of intention (one who don't not want to marry.) Most people prefer these categories than the incapacity, they prefer to be unwilling to be unable. People prefer to be bad rather than incapable. * Simulation 1101, Condition 1102, Force and Fear 1103.
Marriage processes.
Party to a marriage with at least one baptized can petition for annulment, church claims no jurisdiction over marriage between two nonbaptized. It is handled as a contentious process. Forum is place of marriage, respondent, petitioner, or proofs. Internal forum - receive sacraments without annulment.
1. Church Tribunals. 1. The composition of an Ecclesiastical Tribunal - in belgium, the president (non canonically defined) is a lay person in the interdiocesan tribunals. 3 priests: JV and two judges for each case. 2. Some Statistics - low numbers of annulments, but people voted with their feet - just don't use the procedures. 3. Different Procedures. 1. Documentary process for diriment impediment or lack of form. This can be proven with documents. Canon 1108. 2. Formal Process - Both spouses are invited to participate. Determining procedure: 1. Catholic x Catholic in Catholic Church (probably no diriment impediment) - Formal 2. Catholic x Catholic not in Catholic Church - Documentary process. 3. Catholic x Other Baptized in Catholic Church with permission - Formal (if no permission, illicit, but still valid). See Chart * Procedures to Declare the Nullity of Marriage 4. Development of an annulment procedure 3. Petition Canons 1501-1506. Petition by Catholic or one wanting to marry a Catholic can start the procedure. By letter, email or phone. Form to be completed, returned and entered on the docket with case number. Case is petitioner (at birth) then respondent (at birth): e.g. Smith-Brown. There should be a statement and names of witnesses. 4. Jurisdiction: Canon 1673: 1. the tribunal of the place in which the marriage was celebrated, or 1. where respondent is living. 3. where petitioner lives if respondent is also there (bishop's conference), with permission of respondent. 4. Tribunal where proofs exist with consent of JV who asks respondent. If a forum is too tough, another tribunal can try to take the case, with Rome's permission. 5. Court, 3 judges, defender and notary - the presiding judge has all the investigation and meets parties, generally it is the lay judge. 6. Acceptance of the case by the presiding judge by decree, saying a possibility exists. (Canon 1507). There are processes for rejected cases. 7. Citation of Respondent. People don't like this. They don't have to participate, but they can. Their rights are explained, invitation to make a statement. 15 working days to repond - but if it is longer, you will do what is possible to get their reponse. Respondent can enter any time till the conclusion of the case. Case can be reopened if there is more serious evidence. 4. 800 EU per case in Belgium, in Australia 1/10 of weekly salary, Netherlands free, but they ask a gift. This can be problematic. Cheap for divorce, but some say it should be free. 18-24 months. 8. Joinder of Issues - Judge reviews and fixes ground of annulment, parties are informed and given a chance to respond. Then the procedure proceeds only on this ground. It is better for people to proceed on one or few grounds, not the shot-gun approach. They have to get a second instance confirmation in order to remarry. 9. Instruction of the case - testimony of parties and witnesses. 1. Witnesses willing to be interviewed - many think it is none of the tribunal's business. They work with tribunals where the people they are to get the interview. People are willing to be interviewed, but the parties get to read what others are saying about them. 2. Documents. 3. Experts. If you are dealing with a mental illness case 1095.3 you need expert advice. It is an important discussion. Church doesn't have rules on this. Privacy rules may keep the expert from giving the information. An expert was giving opinion based on the dosier of the case. This is unacceptable in society; it makes us look like a sect. 1. Publication of the acts - parties have the right to read everything and reply. Psychologically an important moment. They don't have to read it, but most people want to read it. There can't be pressure - but this time can be when an uncooperative party will come in, and you can ask them some questions then too. This is the only moment of defense. 2. Conclusion: 3. Pleadings of advocate and defender. 4. Judgment - president convenes judges and there must be moral certitude to go for annulment. They then discuss. Majority is needed to invalidate. 5. Publication of sentence. 6. All cases must be reviewed - you need to yes's to remarry. Usually it is affirmed in 8-10 weeks. 7. Notification of second instance. 8. Notification of Parish by 1st instance tribunal.
Roch Page - St. Paul's Ottawa
5 Issues concerning matrimonial law, especially main pastoral issues from matrimonial law. Some very precise aspects of theology will help a better understanding of law and application of law.
Part II: Other Acts of Divine Worship * Navarra: Introduction: The human person is acting in history and is acted on by history in developing a personal story or biography. Human acts are not only immediately effectivem, directed to fulfillment of needs, but have cosmic consequences, moving toward personal fulfillment. This can be called the transitive (immediate), and intransitive (metaphysical/cosmic) effects of action. It is cooking supper, but it is also writing a personal biography, building a spiritual edifice. I can't be complete without an other, who is also an I to relate to and to serve. True love is for the benefit of the other, otherwise it is self-love; at the same time, true love brings the lover to fullest personal development. p. 1026
Title I: Sacramentals (Canon 1166 - 1172)
Introduction
* Legal position of church, chapel, etc. * Die and leave castle to the church to build a church on the land 1970s. No need for church. Remainder to remote relatives. * Churches of religious orders can be and are being sold in Belgium, but the state owns parish churches. Jesuits sell a building which is later used for 'inappropriate' uses. You can't have perpetual conditions - dead hand, rule against perpetuity.
Canon 1166
Sacramentals are sacred signs that imitate the sacraments. Eastern code has only one canon: 1867. They are introduced by the church, no divine law. Generally spiritual goods, but blessings of cars, etc. as well. * Called also minor sacraments by Hugh of St. Victors. Sacramentum concilium says sacramentals only make sense to those with a faith perspective. Some people go for these outward signs, e.g. ash Wednesday. The term came in the 12th C. when there were 6-7 types of sacramentals. 1614 was the first official liturgical book after Trent. E.g. 18 ordinary benedictions. But not compulsory. In the beginning of the 20th century there was a distinction between goods and acts. Blessings were constitutive, eg, blessing a chalice or altar changes it to a sacred object; or invocative eg asking the grace of God, but didn't change the nature of the thing. There are requirements for validity, but what if it is invalid. * Vatican Two mandated review of sacramentals: 1) conscious, active and easy participation of the Christian faithful; 2) look at the signs of the times, perhaps new blessings can be introduced; 3) blessings reserved to bishops reduced to a minimum, even lay people can be involved; 4) they are now called holy signs - also closer to 'sacraments'; 5) local ordinary can adapt sacramentals. Review of the code didn't take these last points. * 83 code simplifies the schema, reserves control to Holy See. It does not speak to the non application of rites and formulas. Distinction is made between consecration and dedication of churches. Consecration of virgins not a sacramental. The blessing has no constitutive value. New order of blessings published 1984. They are prayers, and don't expel demons.
Canon 1168 Minister
The ordinary minister with proper capacity, lay people can administer some sacramentals. Some things are reserved to bishops, e.g. Canon 1207 says blessings of churches are proper to bishops. Deacons can give only the blessings accorded to him, e.g. Holy Communion during and outside Mass, bless the sick, communion calls. Forbidden to Deacons is blessing of seminary, monastery, graveyard or missionaries. What happens if he does? Lay people have right bless things in daily life, bless kids, cars, etc. * Recipients: baptized catholics, catechumens and unbaptized under circumstances (unless forbidden), divorce and remarried. Can't lead to superstition, must take them seriously.
Canon 1169
Private persons can acquire sacred goods, but can't use them for profane use unless they have lost their blessing.
Canon 1172 Exorcism
3000 exorcisms a year in Belgium at an abbey. To weaken the power of the devil or evil spirits. Invoke name of God against the evil spirits. Earlier ages found it much more important. There is a presence of the devil in scripture, and historically it was more important. Public ones occur in the name of the church according to prescribed rites. They may be minor or maior. The minor is part of other rites, e.g. baptism. Maior is covered in this canon. Jesus Mt 10:1 was taking about the devil and but he never practiced the technique in the code. Prayers, laying on of hands, ex-sufflacio (more for adults than children) - blow the devil away. Constantine was probably exorcised at baptism. Old texts don't require clerics, but from the middle of the 3C there was a specific group who were seen as clerics - functio without ordinatio. Gratian has a canon for ordination to exorcist - one of the lower ordinations in Gallican liturgy. But they seldom received permission to do an exorcism. * 1917 code only allowed priests to exorcise - pietas et prudentia, and integritas vitae. It had to be one person - but not to a religious order. Only after determination that victim was actually possessed. Any priest could do preventive exorcism. Ritualae Romanum (1925, 1952). Increased scepticism - make sure it is posession and not pathology. * 1983 Exorcism only with the permission of the bishop. Lower order of exorcism is abolished, but is included in a formal way in priestly ordination. 1970s and 1980s were organizing collective exorcisms under the direction of lay people. Not exorcism in the canonical sense. CDF 1985 issued document against non-canonical exorcism. Priest and lay can't co-use the formula of Leo XIII - but you could pray. 1998 - CDW On exorcisms and other temptations. new ritual for exorcism - changed formula of 1614. Long document with 38 technical norms followed by prayers; language is more administrative. Devil defined as substantive evil, the enemy of God in the world - No threatening attitude to the devil but a prayer to Christ for deliverance from darkness. Psycharists should be consulted before exorcism. Difficult cases dealt with by the bishop. Criteria: 1) speaking unknown languages; 2) understanding many strange words; 3) reveal remote or hidden things; 4) extraordinary forces; 5) outspoken negative attitude toward God, or holy images. More mania than depression. Prayer, holy water, litany, gospel, hands laid on, profession of faith, conclusion. Exorcist shows the cross and blesses the person with it. Small exorcisms more common - victims of spiritism, occult practices, etc. Praying together, imposing hands and holy water - anyone can do it. Vatican 2 wanted prompt reconsideration of the rituals. Rome just set up a course for exorcists
Title II: Liturgy of the Hours (Canon 1173 - 1175)
Canon 1173
Liturgy of the hours. - 1174 requires recitation of clerics but no sanctions.
Title III: Funerals (Canon 1176 - 1185)
Canon 1176-1185 - Funerals - more than just burying, but includes the whole ritual - Exequiae. Canon 1240-1243 Cemeteries - governed also by secular law. Three elements of funeral: 1) reception of body after common prayer in house where they died; 2) funus - songs, or mass and/or absutus - absolutions and commendations; 3) burial. 1614 all elements canonized including the two processions. Constitution on the Litury 1963 said funerals should have a more resurrection atmosphere. This was confirmed in the 1970 Missale Romanum, which also let in more local custom. 1969 ordo exequiarum - lots of space for episcopal conferences for 'innovation'.
Canon 1176.3 Cremation not forbidden. 1000 BCE cremation was the norm; 500 BCE burial became common practice; Romans used cremation for the rich, burial for the poor; With Christianity, cremation became marginal (though it existed at the beginning); Burial of Christ, and grain falling to the earth and then rising up; Later burial was associated with resurrection of the body. 500 AD cremation disappeared. Charlemagne - punished cremation capitally. Renaissance and French Revolution gave rise to attempts at cremation; Italian Free Masons first reintroduced it 1869 - doctors also supported it for public health and civilization; New techniques made it more acceptable legally in late 1800s; 1886 Holy Office prohibited membership in associations in favor of cremation and no anointing and no church funerals if person wanted cremation; 1917 code maintained the prohibitions; 1925 interpretation said church funerals refused to those who asked for cremation, even if not done. The following year they said the revocation had to be proven and ashes couldn't be on church grounds and no prayers or ritual. Seen as part of anti-church polemic. There was never a dogma here. 1963 discipline relaxed and anti religious motives fell away. Some negative attitudes are still prohibited. Not against natural or supernatural truths, doesn't effect the soul, and doesn't prevent the resurrection of the body. But he prohibited religious services at the crematorium. Protestants never condemned it but there is some resistance. Some other documents and finally the 1983 code. All the rituals should take place in the church, before the cremation if possible, if not, omit the committal prayers. No masses and funerals with the urn in the church unless the bishop allows it (CDW). Religious rite is now allowed in crematorium. Urn can be in columbarium (no prayer is provided); spreading the ashes has not christian character. In Belgium 1970 0.3% cremation 1980 5% 1997 30% now close to 60%. 70% catholic ritual.
Chapter I: Celebration
1177 Place
Must be celebrated generally in the parish church (domicile or quasi-domicile) of the deceased - it may be in another place after notification of proper pastor. 3) If death outside home parish, then where the death occur, unless particular law provides otherwise. In Charlemagne the funeral could be elsewhere but money had to go to parish priest - be cause he cared for the soul of the person. 1917 code said the body should be brought to parish church - contrary customs forbidden (which show the payment was there). In the 4th century there existed the notion of a right for Christians to choose the place of funeral. If the deceased didn't speak, then the parish priest had the right. Friends or family without mandate couldn't choose. This envisions a fictional parish community where people at the funeral are from the parish and know each other. Parish church or a church in the parish.
Funeral need not be at a Mass - so need not be by a priest, however, communion service is discouraged. Homily on the deceased or on the readings - this changes over time. Can be celebrated any day of the week, except last three day of holy week. Last prayers can be done by anyone - undertakers often do it in Belgium - who sometimes even use liturgical vestments.
Canon 1178 Bishops
Bishop's funeral at the cathedral unless he chooses otherwise. Diocesan bishop and emeritus.
Canon 1179 Religious
Funerals of religious are generally in their proper church or oratory by superior or chaplain.
Canon 1180 Cemetary
1) Burial should be in parish cemetery if available, unless another place is chosen (as above). 2) All must choose their cemetery of burial.
Canon 1181 The Poor
Follow canon 1264 on offerings; poor are not to be deprived of proper funeral rites. Bishop's conference sets down norms for stipends.
Canon 1182 Registry
After burial registry is to be made. A simmilibus, after cremation.
Chapter II: Funerals Allowed or Denied
Canon 1183 Included
1) Catechumens receive same funeral rites. 2) Unbaptized children if parents intended to have them baptized. 3) If non catholic minister isn't available a baptized Christian can be allowed catholic funeral rites. Free masons (Person plotting against the church.) were excluded in 1917 code, not here.
Canon 1184 Excluded
The following don't get catholic funeral rites: 1) notorious apostates, heretics and schismatics; 2) those who chose cremation for anti-christian motives; 3) manifest sinners where scandal would occur. In doubt, consult the bishop. Some would say would refuse for prostitutes and unmarried living together, suicides. Now scandal is an objective word for the church, not a subjective matter. Now refusing a funeral for suicide would be a source of scandal.
Canon 1185 Exclusion from Church funeral includes exclusion from funeral Mass.
Title IV: Saints, Images and Relics (Canon 1186 - 1190)
5 canons left from the 14 of CIC1917. Also governed by liturgical law which is 'less important' which is easier to change. This area is also quite strongly governed by particular law.
Canon 1186 Mary
Filial veneration of Blessed Mary and saints is commended. public veneration for those who are saints, but not for the beatified / venerable. Beatification / canonization is usually at a Mass of the Pope (just before gloria); till 1981 always in Rome. Motu proprio reorganized the calendar of saints. Long evolution of veneration of saints, beginning with the martyrs. The oldest story is 155 with Polycarp of Smyrna; in the beginning this was 'regulated' by the bishops or church, but was a popular moment; Bishops were automatically included. It became more formal in the 10th century. Alexander III said that veneration of those who were unworthy should stop. At this point, miracles alone weren't the criteria. In 1634 veneration of those not Beatified or Canonized was forbidden. In the code of 1917, the right to beatify or canonize is reserved to the Holy See - the local bishops can assist in the investigation. In the 1983 code, this was covered in a separate document published the same day as the code, and has two steps, beatification and canonization Divinis perfectionis magister. The bishop can only begin after the green light by the Holy See. Postulator is the protagonist, collects information, examines witnesses, writings, miracles. Two copies of all the materials are sent to Rome with the advice of theological censors. The bishop can suspend the investigation if nessary, with the reasons. This is examined, then a promoter of justice to further investigate. The bishop has to declare that there is not public veneration. Translation if not in English, Spanish, French or Italian - so there is a financial burden. The congregation for the Causes of Saints who examine and further investigate. First the experts, then the theologians. * Miracles and canonization have long been connected - advocacy with God for the healings, etc. Before the Middle Ages, miracles weren't considered, it was vox populi. 1917 code required 4 miracles total, but there was an exception for martyrs, also prophecy of martyrs; and pope could dispense. Before the code, Molinari said miracles weren't important - heroic holiness is miracle enough, others advocated them. The examination of miracles is discussed, but the requirement is not stated; but the interior process document says one for beatification and one for canonization. Since 1984 there is a school in Rome that teaches the process. There had been about 100 a year till the 20th century. Then they moved to about 1 per year; then John Paul II with hundreds of canonizations.
Canon 1187 Cult
Only saints or blesseds can be venerated by public cult.
Canon 1188 Images
Sacred images can be displayed but in moderate numbers and suitable fashion so not to disturb the christian people. Sometimes in Christian history, images were discouraged or prohibited, in opposition to pagan practice. Nicea 2 in 787 made a distinction between adoration of God and veneration of the saints. 870 4th Constantinople. Wycliff also opposed images. Trent polarized the issue of sacred images, and they required images and their veneration and granted indulgences. Summer 1566 starting in Hondschotte - started the destruction of images; this went across Flanders. The balance now is to give centrality of Christ, and they are not the central part of the liturgy.
Canon 1189 Restoration
Restoration of precious images requires written permission of the Ordinary who should consult experts.
Canon 1190 Sale
1) It is 'absolutely wrong' to sell sacred relics. 2) Distinguished relics can't be alienated without permission of the Apostolic See. 3) This also applies to popularly venerated images. Seminarians should know the religious art treasures of the diocese.
Title V: Vows and Oaths (Canon 1191 - 1204)
Chapter I: Vows
English Latin Regula Juris 1298 - No one is obliged to the impossible. The section was in the prior code -1321 and this is basically the same, however, there is one innovation: 1200.2 that an oath by deceit, force or grave fear is invalid de jure.
Canon 1191
1) Vow is a deliberate free promise to God concerning something good and possible - virtue of religion requires its fulfillment. 2) Unless prohibited by law, all can make a vow. 3) Grave or unjust fear or deceit invalidates vows. It should be possible, a good and not something already obliged. Contract with God, so you need the liberty required to contract. Some vows require a higher degree of consciousness and freedom than others. Canon 97 under 7 can't make a vow, also 11 the code only applies to those over the age of 7. E.g. 18 years for temporary profession, 21 years for final profession, Canon 656, 658. Invalidating fear should be external, not just a doubt. There should be a causal link between the fear and the vow. Ignorance and error are not mentioned, but Canon 126 says error invalidates an act. Examples, religious vows, deaconate vow of chastity.
Canon 1192
1) Public vow is accepted by lawful Superior in the name of the Church - otherwise it is private. 2) Vows are solemn if so recognized by the church - otherwise simple; in the 1917 code, contravention of solemn vows is invalid, of simple vows is illicit. 3) A personal vow promises an action; a real vow promises a thing, e.g. money, mixed if both. 'Jurisdiction' is not required to receive vows; they just officialize it without placing an act. The vow is coram deo; coram ecclesiam - before God may be private - but coram ecclesiam is a public vow.
Canon 1193 Obligation
A vow obliges only the one that makes it. In the 1917 code, 1310.2 a material vow could bind successors.
Canon 1194 Vow ceases
Ceases by laps of time; substantial change in matter promised; cessation of condition or purpose; dispensation; or by commutation.
Canon 1195
Person with power over vow can suspend the obligation if fulfillment would affect the person adversely.
Canon 1196 Dispensation
Pope, bishop, religious superior and those whom they delegate can dispense private vows.
Canon 1197 Commutation
The person who made the vow can change to something equal or greater. The dispensing authorities can commute.
Canon 1198 Religious Profession
Religious profession suspends prior vows. 1917 Code had irritatio 1312 - an annulment of the vow, commanded by one with dominative power is invalidated when the person looses dominative power.
Chapter II: Oaths
Canon 1199 Defined
An oath is an invocation of God to witness to the truth of the matter. It can also be an oath of fidelity. It cannot be taken by a proxy. Oath that you are baptized in Canon 876. Oath of loyalty or fidelity - e.g. the one required in Canons 380, 471 the promise is a manner of vow. Canon 1368 - provides just punishment for perjury. It excludes lies, but the code doesn't mention full truth. What isn't in the oath isn't promised. Oath should not be used in passing, but in veritate, judicio and justicia. cf. Jeremiah. Swearing on the gospel is customary.
Canon 1200 Promissory Oath
An oath to do something. It is not valid if extorted by deceit, force or grave fear. If you swear secrecy, and the secret is revealed, then you are no longer bound.
Canon 1201
1) Oath of the bishop 2) Oath of good administration 1283.1; 3) Oath of Judges 1454, 1455; 4) Oath of parties in a trial 1532 witnesses 1563 translators; baptism 876, confirmation 894; in danger of death, you can swear you are free to marry; Ad tuendem fidem - Starting with the professio fidei 1998, the oath of fidelity to be sworn by all 833. 5-8. There is an addition to 750.2 and a punishment, 1371.2. This protects non-revealed truths, but related philosophically or historically. Retired infallible truths, or truths second class (Ferme). It is a much tighter control issue. These are not elements for validity - e.g. teaching invalidly. This could be extended, but it would have to be in particular law.
Canon 1202 Cessation
Part III: Sacred Places and Times
Title I: Sacred Places
Canon 1205 - 1243)
Canon 1205 Definition
Sacred places are those for divine worship or burial by a dedication or blessing. In the beginning, there were no sacred places, but people worshiped in private homes. In the second century, there developed a richer group of Christians who handed over spaces to be dedicated principally for rituals. In the third century, buildings were dedicated exclusively to churches, Domus Dei - Diocletian ordered their destruction. Also profane buildings were converted to religious purposes, e.g. Pantheon, after 313. Martyrs relics were introduced into altars. At the same time private oratories were introduced in houses of the rich and powerful. At this point there came legislation on the use of sacred spaces. The names of churches were 'ecclesia' - which means gathering. Slowly the term moved from the gathering of the people, to the place where they gathered - even in the early fathers like Cyprian. Dominicum was also used - the House of the Lord. Kuriacom - from the Greek goes to kerk. Basilica was originally a court building, after 313, it was used for Christian churches with martyrs - also due to the importance and size of the building. Templum (also Synagogue) were not used in the first three centuries by Christians for their churches because of confusion with the Jews. Oratorium (Chapel) was a place of prayer, but the meaning was restricted to private chapels. Capella (7th Century) from the St. Martin of Tours' cappa; in the 12th Century, this was applied to any non-parish place of worship. Sanctuarium is a place for holy things; originally it was the holiest place of the church; now it is a place of pilgrimage. Currently: temple is a generally for holy places, church large, chapel small, oratorio room in a building. In the 1917 code there were only Churches for all, and oratories for sertain groups: public (religious communities, hospitals, open to all christian faithful, etc.), semi-public like public, but not open to public, and private in a home for just the residents. Now we have church, oratoria, private oratory and sanctuary. Duridical elements: The holy place and the blessing. Directly from Roman Law. Exsacration is the withdrawing of blessing. Dedication is forever, Benediction is temporary.
Canon 1206 Minister
Diocesan bishop or equivalent can dedicate - that can delegate, even to a priest. Only in their territory. Diocesan Administrator can do it too.
Canon 1207 Blessing
Blessing of sacred places is for the ordinary, but diocesan bishop is required for a church. This also depends on liturgical norms - e.g. for a church there must be an altar.
Canon 1208 Record
A record should be made and one copy in the church and one in the diocese. Perhaps it would be better in the place for which it was dedicated, e.g. religious order.
Canon 1209 Proof
Proof can be by one witness who is above suspicion if no harm comes. It restricts the rights to use the place for other purposes. Also 1376 may make the profaner a subject to penalty. In that case there may be harm..
Canon 1210 Non Profane Acts
The sacred place is only for worship, piety and religion, or things in harmony with the holiness of the place. Ordinary can permit in individual cases - theoretically each time. What about receptions after mass? Originally the rule was for commercial or political activities.
Canon 1211 Violation
Sacred places are violated by acts gravely injurious and give scandal to the faithful. This can't be used for worship till the harm is repaired by penitential rite prescribed for this. The old code had specific norms (murder, injustice with noticeable bloodshed, impure or disrespectful actions, funeral of a nonbeliever or excommunicate if sure, proven, public, in the church), but now it's up to the ordinary. Elements are: 1) grave, injurious act; 2) scandal; 3) perpetrated in the sacred place.
Canon 1212 Exsacration
Sacred places lose their dedication or blessing when they are 1) in large measure destroyed; or 2) made over to secular usage, either be decree or in fact. Renovation doesn't do this as long as the new structure isn't double or more than the old. Oratories and chapels are to be blessed (c. 1229). Once an oratory or chapel has been blessed, it is appropriate that it be relegated to profane use by decree of the competent authority. The decree relegating the sacred space should express the reasons for the relegation (c. 51). The decree should make mention of any restrictions on the future use of the sacred space. The relegation of a dedicated or blessed altar is a separate act (c. 1238 §2). The decree may make mention of the care of any other objects that have been blessed or used in the celebration of divine worship. These should be treated with respect in accord with their sacred character.
Canon 1213 Power
Ecclesiastical authority is freely exercised in sacred places. Societas perfecta - could be a basis of succession. Some concordats give immunity for this.
Chapter I: Churches
Canon 1214 Definition
Church is a sacred building to which the faithful have access for public worship. Must have a fixed altar dedicated at the same time. Churches aren't juridic persons per se. C: Commenators say this applies also to change from chapel, oratory or closed church.
Types of churches today: 1) Basilica (privilegium real) special designation by Rome - they have to display the emblem of the pope and holy see. 4 in Rome: John Lateran, Peter, Paul Outside the Wall, Mary Major. (Patriarchal basilicas - because of historical link to 4 partriarchs - constantinople, alexandria, rome). 1899 Pius X made two more in Assisi. They have a holy door, and papal throne and papal altar. 2) Cathedral - where diocesan bishop takes possession of his diocese. 3) Quasi cathedral - for a prefecture or vicariate. 4) Chapter church for a college of priests. 5) Parish Churches. 6) Auxiliary church. 7) Conventual or regular churches of religious orders. The cornerstone is specially blessed and a wooden cross is planted where the altar will be.
Canon 1215 Building Churches
§1. One must have the permission of the bishop to build a church. §2. The bishop must consult council priests, neighboring rectors, etc. §3. Religious have to have special permission for a church, in addition to the permission for the house. But see Canon 608.
Canon 1216 Experts
The building and restoration requires experts and should follow principles and norms of liturgy and sacred art. Sacrosanctum Concilium
Canon 1217 Dedication
1) After completion, the church should be dedicated as soon as possible in any case before worship. It can be blessed and used till it is ready. 2) Dedication should be by solemn rite. Dedication with bishop and priests and organized so many people can be present, but can't be in holy week, Christmas, Epiphany, Ascension, All Saints, Ash Wednesday. Churches don't have legal personality, but they can obtain it.
Canon 1218 Title
Church should have a title and it can't be changed. Parish priest and people, but approved by bishop and Rome. If it looses its dedication you could rename.
Canon 1219 All Worship.
All acts of divine worship can be in a blessed or dedicated church, without prejudice to parochial rights. Parochial rights would be marriages, etc. Trent said Christian faithful not obliged to own church on sundays and holiday - just recommended, but they have to do marriages there.
Canon 1220 Maintenance.
§1 Ensure cleanliness and ornamentation of the church. Discordant elements should be excluded. §2 Security should be employed to safeguard sacred and precious goods.
Canon 1221 Free of Charge.
Entry to a church at the hours of sacred functions is to be open and free of charge. To pew tax.
Canon 1222 Unused Church
§1 Unusable church can be used for some secular but not unbecoming purpose. §2 Unused church be used for a secular but not unbecoming purpose after consulting presbyteral council; and consent of those with rights and souls not harmed. See norms on disposition of church goods. See also 05/11/87 Letter of Cong. for Divine Worship.
Abolished from Previous Code had legal status of bells in 1169 - no profane use except emergency - e.g. fire alarm; also many types of bells. Assylum doesn't exist any more - from the early middle ages, ended by 11-1200s. Criminal could come and couldn't be taken out without permission of the rector. It was in the 1917 code without sanctions, and not recognized by the state. Place is sacred, not the people and there is a sense of awe, of protection. Even from the ancient greeks. Bishop mediates between criminal and state. He could be supported and no one could urge him to leave except church authorities, only with no possibility of death penalty. Robbers and murderers and converted Jews couldn't use it. Legal nature of assylum 1) natural law; 2) divine positive law - mosaic law (decency) - but this is supplanted by New Testament; 3) regulist - (from van espen +1728 most famous canon lawyer and nearly jansenism) - originated in civil law - but this was condemned by Pius IX in syllabus of errors saying state doesn't have jurisdiction; 4) based on both legal system - spiritual power protects, civil power protects security; 5) general principle of immunity, like embassy. It seems to be emerging again as a custom praeter legem - the bishops are acquiescent. It was considered in a 1983 draft and left aside.
Chapter II: Oratories and Private Chapels
Canon 1223 Oratory.
An oratory is a place which, by permission of the Ordinary, is set aside for divine worship, for the convenience of some community who have access, other can enter with the consent of the competent Superior.
Canon 1224 Permission
§1 The Ordinary should inspect the place destined for the oratory that it to be becomingly arranged before permission to have an oratory. §2 It cannot be converted to a secular usage without the authority of the same Ordinary.
Canon 1225 Celebrations.
All celebrations lawful in an oratory, unless excluded by the local Ordinary, or by liturgical laws.
Canon 1226 Private Chapel.
Private chapel is set aside for divine worship, for the convenience of one or more individuals with permission of the Ordinary. Not for a group.
Canon 1227 Bishops Chapel.
Bishops can set up for their own use a private chapel which enjoys the same rights as an oratory. (Privilege which became a right.)
Canon 1228 Mass.
Without prejudice to the provision of Canon 1227, the permission of the local Ordinary is required for Mass and other liturgies in private chapels.
Canon 1229 Blessing.
Oratories and private chapels should be blessed and reserved for divine worship.
Chapter III: Shrines
Not present in the 1917 code. Congregation for Seminaries and Universities defined shrine. For veneration of saints, statues and relics, miracles and apparitions, historical role.
Canon 1230 Shrine.
A shrine is a church or sacred place which, with the approval of the local Ordinary, is frequented by the faithful as pilgrims.
Canon 1231
For a shrine to be described as national, the approval of the Episcopal Conference is necessary. For it to be described as international, the approval of the Holy See is required.
Canon 1232 Approval.
§1 The local Ordinary is competent to approve the statutes of a diocesan shrine; the Episcopal Conference, those of a national shrine; the Holy See alone, those of an international shrine. §2 The statutes of a shrine are to determine principally its purpose, the authority of the rector, and the ownership and administration of its property.
Canon 1233 Privileges.
Certain privileges may be granted to shrines when the local circumstances, the number of pilgrims and especially the good of the faithful would seem to make this advisable.
Canon 1234 Devotions.
§1 At shrines the means of salvation are to be more abundantly made available to the faithful. §2 In shrines or in places adjacent to them, votive offerings of popular art and devotion are to be displayed and carefully safeguarded.
Chapter IV: Altars
Canon 1235 Altar.
§1 The altar or table on which the eucharistic Sacrifice is celebrated is fixed or moveable. §2 It is proper that in every church there should be a fixed altar. In other places which are intended for the celebration of sacred functions, the altar may be either fixed or movable.
Canon 1236 Fixed
§1 A fixed altar is to be of a single stone or some other worthy and solid material may be used. The support or the base can be made from any material. §2 A movable altar can be made of any solid material which is suitable for liturgical use.
Canon 1237 Dedication
§1 Fixed altars are to be dedicated, movable ones either dedicated or blessed, according to the rites prescribed in the liturgical books. §2 The ancient tradition of placing relics of Martyrs or of other Saints within a fixed altar is to be retained, in accordance with the rites prescribed in the liturgical books.
Canon 1238 Loss of Dedication
§1 An altar loses its dedication or blessing in accordance with Can. 1212. §2 Altars, whether fixed or movable, do not lose their dedication or blessing as a result of a church or other sacred place being made over to secular usage.
Canon 1239 Sacred Use
§1 An altar, whether fixed or movable, is to be reserved for divine worship alone, to the exclusion of any secular usage. §2 No corpse is to be buried beneath an altar; otherwise, it is not lawful to celebrate Mass at that altar.
Chapter V: Cemeteries
Canon 1240 Church Cemeteries
§1 Where possible, the Church is to have its own cemeteries, or at least an area in public cemeteries which is duly blessed and reserved for the deceased faithful. §2 If, however, this is not possible, then individual graves are to be blessed in due form on each occasion.
Canon 1241 Parish
§1 Parishes and religious institutes may each have their own cemetery. §2 Other juridical persons or families may each have their own special cemetery or burial place which, if the local Ordinary judges accordingly, is to be blessed.
Canon 1242 Churches
Bodies are not to be buried in churches, unless it is a question of the Roman Pontiff or of Cardinals or, in their proper Churches, of diocesan Bishops even retired.
Canon 1243 Management
Appropriate norms are to be enacted by particular law for the management of cemeteries, especially in what concerns the protection and the fostering of their sacred character.
Title II: Sacred Times (1244 - 1258)
Mention of holy times Apoc 1:10. Developed to: common meeting, vespers, matins, public mass and rest; meeting most important. Later public mass became more important - because mendicants let people into the mass. Trent put the obligation back in the territorial parish church - 22nd session discussed mass, but no regulations. Canisius and Bellarmine stressed mass and rest. First established universally in 1917 code and continued in this code.
Canon 1244 Establishment
§1 Only pope can establish, transfer or suppress universal holydays or days of penance (see Canon 1246 §2). §2 Diocesan Bishops can proclaim special holydays or days of penance for their own dioceses.
Canon 1245 Dispensation
Priest or pontifical clerical reigious superior can dispense or commute.
Chapter I: Feast Days
Canon 1246 Feast Days.
§1 The Lord’s Day, on which the paschal mystery is celebrated, is by apostolic tradition to be observed in the universal Church as the primary holyday of obligation. Also: Christmas, Epiphany, Ascension, Corpus Christi, Mary the Mother of God, Immaculate Conception, Assumption, St Joseph, SS Peter and Paul, and All Saints. §2 However, the Episcopal Conference may suppress or transfer.
Canon 1247 Sundays.
On Sundays and other holydays of obligation, the faithful are obliged to assist at Mass. They are also to abstain from such work or business that would inhibit the worship to be given to God, the joy proper to the Lord’s Day, or the due relaxation of mind and body.
Canon 1248 Obligation.
§1 The obligation of participating at Mass is satisfied by one who assists in a catholic rite either on a holyday itself or on the evening of the previous day.
§2 SWAP: recommended liturgy of the Word, or private or family prayer. T: how impossible is the Mass and how does it affect the obligation. Divine Worship issued Christi Ecclesia '88 for SWAP. Ecclesiae De Misterio '97. 1) Bishop's with priest council permission for regular SWAP. Danger!! 2) Forbidden if Eucharist is available, even in a different language. Also, can't have two alternatiave services in the same place / day. 3) The bishop must explain reasons and try to get Eucharist there. 4) Liturgy of the Word with distribution of Communion. 5) First choice presider: deacon, acolytes and lectors, lay people.
Chapter II: Days of Penance
Canon 1249 Days of Penance.
All Christ’s faithful obliged to do penance. Days of penance are prescribed. Prayer, charity, penance and fast and abstinence. Abstinence from early on was meat. In the first christian centuries it was Wednesday, Friday and Saturday.
Canon 1250 Fridays.
Fridays and all of Lent are days of penance.
Canon 1251 Abstinence
Abstinence from meat, or from some other food, on Fridays unless a solemnity, also Ash Wednesday.
Canon 1252 Those Bound.
Abstinence binds those who have completed their fourteenth year; Fasting binds those 18-60. Pastors and parents are to teach children the meaning of penance. Poenitemini '66
Canon 1253 Substitution.
The Episcopal Conference can determine ways of fasting and abstinence to be observed or substitute in whole or in part. T: simplicity, moderate expenditure, reconciliation, decrease alcohol and tobacco. Also in contemporary society it is harder to choose sometimes, when you eat on the run, on the plane or at meetings. Book 5 | | 1. Title One: The Acquisition of Goods 2. Title Two: The Administration of Goods. 1. Stable Patrimony Defined 3. Title Three: Contracts and Especially Alienation 4. Title Four: Pious Dispositions in General and Pious Foundations |

(1259 - 1272) English Latin
Civil competence for goods, some give legal personality for all church entities, others have to form civil associations. The second manner raises the problem of the two entities being parallel.
Canon 1254 Right.
§1 The catholic Church has the inherent right, independently of any secular power, to acquire, retain, administer and alienate temporal goods, in pursuit of its proper objectives.
§2 These proper objectives are principally the regulation of divine worship, the provision of fitting support for the clergy and other ministers, and the carrying out of works of the sacred apostolate and of charity, especially for the needy.
Canon 1255 Capacity.
The universal Church, as well as the Apostolic See, particular Churches and all other public and private juridical persons are capable of acquiring, retaining, administering and alienating temporal goods, in accordance with the law.
Canon 1256 Ownership.
Under the pope juridic person owns its goods.
Canon 1257 Ecclesiastical Goods.
§1 Goods of Church, Apostolic see and publica juridic persons are ecclesiastical goods regulated by canon law and their statutes.
§2 Goods of private juridic persons own their own goods.
Canon 1258 Church.
Herein, "Church" means universal Church, Apostolic See, or public juridic person, unless the contrary is clear.
Title One: The Acquisition of Goods
Canon 1259
The Church may acquire temporal goods in any way in which, by either natural or positive law, it is lawful for others to do this.
Canon 1260
The Church has the inherent right to require from the faithful whatever is necessary for its proper objectives. T: taxation would be a possibility - Kerkensteuer, Tassa. Tithing is requested / required from members, in some places. This was a controversial provision in the development of the code.
Canon 1261
§1 The faithful have the right to donate temporal goods for the benefit of the Church. §2 The diocesan Bishop is bound to remind the faithful of the obligation mentioned in Can. 222 §1, and in an appropriate manner to urge it. C: The state shouldn't make contravene this right.
Canon 1262 Support.
The faithful are to give their support to the Church in response to appeals and in accordance with the norms laid down by the Episcopal Conference.
Canon 1263 Tax.
The diocesan Bishop can tax public juridical persons moderate and proportionate to their income. For grave need can tax other physical and juridical persons.
Canon 1264 Fees.
Provincial Bishops to: 1° determine the taxes for acts of executive authority; 2° determine the offerings for sacraments and sacramentals.
Canon 1265 Alms
§1 Except mendicants, ordinary must approve collections of alms. §2 The Episcopal Conference can draw up rules regarding collections for all. T: more norms for alms than for contracts since there seems more chance for abuse.
Canon 1266 Collection.
In all churches and oratories bishop can order special collection.
Canon 1267 Offerings.
§1 Offerings to superiors are for juridic person. §2 It can't be refused except for a just reason and, in matters of greater importance, with the permission of the Ordinary. The permission of the Ordinary is required for offerings with a condition. §3 Offerings given by the faithful for a specified purpose may be used only for that purpose.
Canon 1268 Prescription.
The Church recognises prescription, in accordance with Cann. 197 199, as a means both of acquiring temporal goods and of being freed from their obligations.
Canon 1269 Sacred Objects.
Sacred objects of private individuals may be prescribed, but not for secular purposes unless they have lost their dedication or blessing. Ecclesiastical sacred objects can only go to other public ecclesiastical juridical persons.
Canon 1270 Immovable goods.
Immovable goods, precious movable goods, rights and legal claims, of the Apostolic See are prescribed in 100 years. Goods which belong to another public ecclesiastical juridical person are prescribed in 30 years.
Canon 1271 Support of Apostolic See.
By unity and charity, and according to their resources, Bishops are to support the Apostolic See. T: Germany and US were main support, now both countries are having financial difficulties.
Canon 1272 Benefices.
Episcopal Conference to regulate benefices so that the capital of the benefice should by degrees be transferred to the fund mentioned in Canon 1274 §1. T: Benefice is an endowed ecclesiastical office, e.g. with a factory.
Title Two: The Administration of Goods.
(1273 - 1289)
Stable Patrimony Defined
Stable patrimony’ is defined: by RT Kennedy, in JP Beal, JA Coriden and TJ Green (eds), New Commentary on the Code of Canon Law (NY, 2000), p 1495 as: ‘[A]ll property, real or personal, movable or immovable, tangible or intangible, that, either of its nature or by explicit designation, is destined to remain in the possession of its owner for a long or indefinite period of time to afford financial security for the future. It is the opposite of free or liquid capital which is intended to be used to meet operating expenses or otherwise disposed of within a reasonably short period of time (within one or, at most, two years)’; by A Farrelly, ‘The Diocesan Finance Council: functions and duties according to the Code of Canon Law’, Studia Canonica 23 (1989) 149–166, at p 160 as: ‘[A]ll goods which are designated as constituting the minimum, reliable economic base by which the juridic person can subsist in an autonomous manner and take care of the purposes and services that are proper to it’; and by FG Morrisey, in Sheehy et al (eds), The Canon Law Letter & Spirit, p 732, para 2573, as: ‘fixed capital’.
Canon 1273 Supreme Administrator.
The Roman Pontiff, by virtue of his primacy of governance, is the supreme administrator and steward of all ecclesiastical goods.
Canon 1274 Support of Clergy.
§1 Every diocese is to have a fund for support of clergy. §2 Episcopal Conference to ensure social provision for the clergy. §3 Diocese is to support diocesan workers, diocese and poorer dioceses. §4 Diocese or Episcopal conferences can cooperate on these funds. §5 Funds should have standing also in the civil law. T: When a juridic person is split, goods have to be negotiated between the two.
Canon 1275 Reserve.
A reserve set up by a number of different dioceses is to be administered according to norms opportunely agreed upon by the Bishops concerned.
Canon 1276 Bishop.
§1 Ordinaries must carefully supervise the administration of ecclesiastical goods. §2 Ordinaries are to regulate the whole matter of the administration of ecclesiastical goods by instructions, within the limits of rights, and universal and particular law.
Canon 1277 Major Administration.
For major acts of administration the bishop must consult the finance committee and the college of consultors. For acts of extraordinary administration, diocesan Bishop needs the consent of the committee and of the college of consultors. Episcopal Conference to determine what are to be regarded as acts of extraordinary administration.
Canon 1278 Finance officer
Besides the duties mentioned in Can. 494 §§3 and 4, the diocesan Bishop may also entrust to the financial administrator the duties mentioned in Canon 1276 §1 and Canon 1279 §2.
Canon 1279 Administrators
§1 The administration of ecclesiastical goods pertains to the one with direct power of governance over the person to whom the goods belong, unless particular law or statutes or legitimate custom state otherwise, and without prejudice to the right of the Ordinary to intervene where there is negligence on the part of the administrator. §2 Where no administrators are appointed for a public juridical person by law or by the documents of foundation or by its own statutes, the Ordinary to which it is subject is to appoint suitable persons as administrators for a three-year term. The same persons can be re-appointed by the Ordinary.
Canon 1280 Finance Committee
Every juridical person is to have its own finance committee, or at least two counsellors, who are to assist in the performance of the administrator's duties, in accordance with the statutes.
Canon 1281
§1 Without prejudice to the provisions of the statutes administrators act invalidly when they go beyond the limits and manner of ordinary administration, unless they have first received in writing from the Ordinary the faculty to do so. §2 The statutes are to determine what acts go beyond the limits and manner of ordinary administration. If the statutes are silent on this point, it is for the diocesan Bishop, after consulting the finance committee, to determine these acts for the persons subject to him. §3 Except and insofar as it is to its benefit, a juridical person is not held responsible for the invalid actions of its administrators. The juridical person is, however, responsible when such actions are valid but unlawful, without prejudice to its right to bring an action or have recourse against the administrators who have caused it damage.
Canon 1282
All persons, whether clerics or laity, who lawfully take part in the administration of ecclesiastical goods, are bound to fulfil their duties in the name of the Church, in accordance with the law.
Canon 1283
Before administrators undertake their duties: 1° they must take an oath, in the presence of the Ordinary or his delegate, that they will well and truly perform their office; 2° they are to draw up a clear and accurate inventory, to be signed by themselves, of all immovable goods, of those movable goods which are precious or of a high cultural value, and of all other goods, with a description and an estimate of their value; when this has been compiled, it is to be certified as correct; 3° one copy of this inventory is to be kept in the administration office and another in the curial archive; any change which takes place in the property is to be noted on both copies.
Canon 1284 Duties
§1 All administrators are to perform their duties with the diligence of a good householder. §2 Therefore they must: 1° be vigilant that no goods placed in their care in any way perish or suffer damage; to this end they are, to the extent necessary, to arrange insurance contracts; 2° ensure that the ownership of ecclesiastical goods is safeguarded in ways which are valid in civil law; 3° observe the provisions of canon and civil law, and the stipulations of the founder or donor or lawful authority; they are to take special care that damage will not be suffered by the Church through the non-observance of the civil law; 4° seek accurately and at the proper time the income and produce of the goods, guard them securely and expend them in accordance with the wishes of the founder or lawful norms; 5° at the proper time pay the interest which is due by reason of a loan or pledge, and take care that in due time the capital is repaid; 6° with the consent of the Ordinary make use of money which is surplus after payment of expenses and which can be profitably invested for the purposes of the juridical person; 7° keep accurate records of income and expenditure; 8° draw up an account of their administration at the end of each year; 9° keep in order and preserve in a convenient and suitable archive the documents and records establishing the rights of the Church or institute to its goods; where conveniently possible, authentic copies must be placed in the curial archives. §3 It is earnestly recommended that administrators draw up each year a budget of income and expenditure. However, it is left to particular law to make this an obligation and to determine more precisely how it is to be presented.
Canon 1285
Solely within the limits of ordinary administration, administrators are allowed to make gifts for pious purposes or christian charity out of the movable goods which do not form part of the stable patrimony.
Canon 1286
Administrators of temporal goods: 1° in making contracts of employment, are accurately to observe also, according to the principles taught by the Church, the civil laws relating to labour and social life; 2° are to pay to those who work for them under contract a just and honest wage which will be sufficient to provide for their needs and those of their dependents.
Canon 1287
§1 Where ecclesiastical goods of any kind are not lawfully withdrawn from the power of governance of the diocesan Bishop, their administrators, both clerical and lay, are bound to submit each year to the local Ordinary an account of their administration, which he is to pass on to his finance committee for examination. Any contrary custom is reprobated. §2 Administrators are to render accounts to the faithful concerning the goods they have given to the Church, in accordance with the norms to be laid down by particular law.
Canon 1288
Administrators are not to begin legal proceedings in the name of a public juridical person, nor are they to contest them in a secular court, without first obtaining the written permission of their proper Ordinary.
Canon 1289
Although they may not be bound to the work of administration by virtue of an ecclesiastical office, administrators may not arbitrarily relinquish the work they have undertaken. If they do so, and this occasions damage to the Church, they are bound to restitution.
Title Three: Contracts and Especially Alienation
(1290 - 1298)
Canon 1290
Without prejudice to Can. 1547[5 ], whatever the local civil law decrees about contracts, both generally and specifically, and about the voiding of contracts, is to be observed regarding goods which are subject to the power of governance of the Church, and with the same effect, provided that the civil law is not contrary to divine law, and that canon law does not provide otherwise.
Canon 1291
The permission of the authority competent by law is required for the valid alienation of goods which, by lawful assignment, constitute the stable patrimony of a public juridical person, whenever their value exceeds the sum determined by law.
Canon 1292
§1 Without prejudice to the provision of Can. 638 §3, when the amount of the goods to be alienated is between the minimum and maximum sums to be established by the Episcopal Conference for its region, the competent authority in the case of juridical persons not subject to the diocesan Bishop is determined by the juridical person's own statutes. In other cases, the competent authority is the diocesan Bishop acting with the consent of the finance committee, of the college of consultors, and of any interested parties. The diocesan Bishop needs the consent of these same persons to alienate goods which belong to the diocese itself. §2 The permission of the Holy See also is required for the valid alienation of goods whose value exceeds the maximum sum, or if it is a question of the alienation of something given to the Church by reason of a vow, or of objects which are precious by reason of their artistic or historical significance. §3 When a request is made to alienate goods which are divisible, the request must state what parts have already been alienated; otherwise, the permission is invalid. §4 Those who must give advice about or consent to the alienation of goods are not to give this advice or consent until they have first been informed precisely both about the economic situation of the juridical person whose goods it is proposed to alienate and about alienations which have already taken place.
Canon 1293
§1 To alienate goods whose value exceeds the determined minimum sum, it is also required that there be: 1° a just reason, such as urgent necessity, evident advantage, or a religious, charitable or other grave pastoral reason; 2° a written expert valuation of the goods to be alienated. §2 To avoid harm to the Church, any other precautions drawn up by lawful authority are also to be followed.
Canon 1294
§1 Normally goods must not be alienated for a price lower than that given in the valuation. §2 The money obtained from alienation must be carefully invested for the benefit of the Church, or prudently expended according to the purposes of the alienation.
Canon 1295
The provisions of canons 1291 - 1294, to which the statutes of juridical persons are to conform, must be observed not only in alienation, but also in any dealings in which the patrimonial condition of the juridical person may be jeopardised.
Canon 1296
When alienation has taken place without-the prescribed canonical formalities, but is valid in civil law, the competent authority must carefully weigh all the circumstances and decide whether, and if so what, action is to be taken, namely personal or real, by whom and against whom, to vindicate the rights of the Church.
Canon 1297
It is the duty of the Episcopal Conference, taking into account the local circumstances, to determine norms about the leasing of ecclesiastical goods, especially about permission to be obtained from the competent ecclesiastical authority.
Canon 1298
Unless they are of little value, ecclesiastical goods are not to be sold or leased to the administrators themselves or to their relatives up to the fourth degree of consanguinity or affinity, without the special written permission of the competent authority.
Title Four: Pious Dispositions in General and Pious Foundations
(1299 - 1310)
Canon 1299
§1 Those who by the natural law and by canon law can freely dispose of their goods may leave them to pious causes either by an act inter vivos or by an act mortis causa. §2 In arrangements mortis causa in favour of the Church, the formalities of the civil law are as far as possible to be observed. If these formalities have been omitted, the heirs must be advised of their obligation to fulfil the intention of the testator.
Canon 1300
The intentions of the faithful who give or leave goods to pious causes, whether by an act inter vivos or by an act mortis causa, once lawfully accepted, are to be most carefully observed, even in the manner of the administration and the expending of the goods, without prejudice to the provisions of Canon 1301 §3.
Canon 1301 Executor
§1 The Ordinary is the executor of all pious dispositions whether made mortis causa or inter vivos. §2 Other executors are to render him an account when they have finished their task. §3 Any clause contrary non-existent. T: this is not realistic or enforceable
Canon 1302
§1 Anyone who receives goods in trust for pious causes, whether by an act inter vivos or by last will, must inform the Ordinary about the trust, as well as about the goods in question, both movable and immovable, and about any obligations attached to them. If the donor has expressly and totally forbidden this, the trust is not to be accepted. §2 The Ordinary must demand that goods left in trust be safely preserved and, in accordance with Canon 1301, he must ensure that the pious disposition is executed. §3 When goods given in trust to a member of a religious institute or society of apostolic life, are destined for a particular place or diocese or their inhabitants, or for pious causes, the Ordinary mentioned in §§1 and 2 is the local Ordinary. Otherwise, when the person is a member of a pontifical clerical institute or of a pontifical clerical society of apostolic life, it is the major Superior; when of other religious institutes, it is the member's proper Ordinary.
Canon 1303
§1 In law the term pious foundation comprises: 1° autonomous pious foundations, that is, aggregates of things destined for the purposes described in Canon 114 §2, and established as juridical persons by the competent ecclesiastical authority. 2° non-autonomous pious foundations, that is, temporal goods given in any way to a public juridical person and carrying with them a long-term obligation, such period to be determined by particular law. The obligation is for the juridical person, from the annual income, to celebrate Masses, or to perform other determined ecclesiastical functions, or in some other way to fulfil the purposes mentioned in Canon 114 §2. §2 If the goods of a non-autonomous pious foundation are entrusted to a juridical person subject to the diocesan Bishop, they are, on the expiry of the time, to be sent to the fund mentioned in Canon 1274 §1, unless some other intention was expressly manifested by the donor. Otherwise, the goods fall to the juridical person itself.
Canon 1304
§1 For the valid acceptance of a pious foundation by a juridical person, the written permission of the Ordinary is required. He is not to give this permission until he has lawfully established that the juridical person can satisfy not only the new obligations to be undertaken, but also any already undertaken. The Ordinary is to take special care that the revenue fully corresponds to the obligations laid down, taking into account the customs of the region or place. §2 Other conditions for the establishment or acceptance of a pious foundation are to be determined by particular law.
Canon 1305
Money and movable goods which are assigned as a dowry are immediately to be put in a safe place approved by the Ordinary, so that the money or the value of the movable goods is safeguarded; as soon as possible, they are to be carefully and profitably invested for the good of the foundation, with an express and individual mention of the obligation undertaken, in accordance with the prudent judgment of the Ordinary when he has consulted those concerned and his own finance committee.
Canon 1306
§1 All foundations, even if made orally, are to be recorded in writing. §2 One copy of the document is to be carefully preserved in the curial archive and another copy in the archive of the juridical person to which the foundation pertains.
Canon 1307
§1 When the provisions of canons 1300, 1302 and 1287 have been observed, a document showing the obligations arising from the pious foundations is to be drawn up. This is to be displayed in a conspicuous place, so that the obligations to be fulfilled are not forgotten. §2 Apart from the book mentioned in Can. 958 §1, another book is to be kept by the parish priest or rector, in which each of the obligations, their fulfillment and the offering given, is to be recorded.
Canon 1308
§1 The reduction of Mass obligations, for a just and necessary reason, is reserved to the Apostolic See, without prejudice to the provisions which follow. §2 If this is expressly provided for in the document of foundation, the Ordinary may reduce Mass obligations on the ground of reduced income. §3 In the cases of Masses given in legacies or in foundations of any kind, which are solely for the purpose of Masses, the diocesan Bishop has the power, because of the diminution of income and for as long as this persists, to reduce the obligations to the level of the offering lawfully current in the diocese. He may do this, however, only if there is no one who has an obligation to increase the offering and can actually be made to do so. §4 The diocesan Bishop has the power to reduce the obligations or legacies of Masses which bind an ecclesiastical institute, if the revenue has become insufficient to achieve in a fitting manner the proper purpose of the institute. §5 The supreme Moderator of a clerical religious institute of pontifical right has the powers given in §§3 and 4.
Canon 1309
Where a fitting reason exists, the authorities mentioned in Canon 1308 have the power to transfer Mass obligations to days, churches or altars other than those determined in the foundation.
Canon 1310
§1 The intentions of the faithful in pious cases may be reduced, directed or changed by the Ordinary, if the donor has expressly conceded this power to him, but only for a just and necessary reason. §2 If it has become impossible to carry out the obligations because of reduced income, or for any other reason arising without fault on the part of the administrators, the Ordinary can diminish these obligations in an equitable manner, with the exception of the reduction of Masses, which is governed by the provisions of Canon 1308. He may do so only after consulting those concerned and his own finance committee, keeping in the best way possible to the intention of the donor. §3 In all other cases, the Apostolic See is to be approached.
Book 6
Sanctions in the Church
Offenses and Punishments in General 1. Offenses and Punishments in General 1. Punishment of Offenses 2. Penal Law and Penal Precept 3. Those Liable 4. Penalties and Other Punishments 1. Censures 2. Expiatory Penalties 3. Penal Remedies and Penances 5. Application of Penalties 6. Cessation of Penalties 2. Penalties for Particular Offenses 7. Offenses against Religion and the Unity of the Church 8. Offenses against Church Authorities 9. Usurpation of Ecclesiastical Offices 10. Falsehood 11. Offenses against Special Obligations 12. Offenses against Human Life and Liberty 13. General Norm |

Penal law is: * Reactive, It is not well planned nor systematic * Its focus is on the forum externum. The presumption is that penal law works in the forum externum. This is the principle. * Penal law must be the ultimate or the last measure to be taken. Before the measure of penal law is to be taking, all the possible manses must be exhausted. Therefore Penal law must be taken as last remedy.
Penal law in the 1917 code * Penalties were in book 5 * General norms, Persons, Goods, Processes the Penal law. This code was very much inline with the Roman law system.
Penal law in the 1983code * Material law then to enforce this law penal law follows. This is the logic of putting it after material law. * Penal law also could be placed next to Book I (the rules of the game) in order to enforce these rules and it would have been the appropriate placing from the viewpoint of Vatican II. * In the code of 1983, we find penalties/penal laws almost all over book VI.
Examples are- Administrative process | = Canons 45, 50-52… extrajudicial (measures taken by Bishops) | | = Canon 1720…………precepts | | = Canons, 1720-1739…..hierarchical records | Penal procedures | = Canon 1314 which is late sententiae | | = Canons 1341-1353 …….. impostions (declarations of late sententiae) |
Crimes; in cases of crimes the congregation for faith which is sometimes called the holy office is to deal with criminal cases. Refer Canon 1362(1).It is reserved to this office.
It is the congregation with many competencies of judicial power, executive power and protector of the true doctrine or faith. It is a very special office with many competencies.
Read pastor bounas of Pope Paul VI about the cases of crimes. The office also deals with Ethics. The office is a micro-cosmos of the important matters of the church
The following canons show us what is reserved to this important office. * canon 1367,1378(1),1379,977,1387,1388 and 1395(2) * other crime canons are 1365 and 927
Examples of crime are; sexual matters, sacramental crimes and the combination of the two.
Where does the right to punish of the Church come from? It is the part of the divine law of the Church. It is of divine origin that you acquire through history or on the journey. Canons 1311of 1983 and canon2214 of 1917 are similar showing that penalties can be both spiritual and material.
In canon 1311 “who are the faithful’? the answer is in canon 11 of the 1983 code.
Punishment of Offenses
(Canons 1311 - 1312)
Canon 1311 Claims the right of the church, here understood as ecclesiastical authorities, to impose sanctions on those (christifideles) who commit offenses.
Canon 1312 Penalties are healing, censures, expiatory or penitential (Canons 1331-1333, 1336), others may also be imposed.
Penal Law and Penal Precept
(Canons 1313 - 1320)
Canon 1313 1. If a law is changed, the law more favorable to the accused is to be applied. 2. When a law abolishes a law or penalty, that penalty immediately ceases.
Canon 1314 Generally, a penalty binds only after it is imposed (ferendae sententiae); if expressly established, it is incurred immediately (latae sententiae).
Can. 1315 1. Legislators can issue penal laws within jurisdiction and can strengthen divine or higher ecclesiastical law. 2. Penalty is determined by the law or the judge. 3. Particular law can add penalties to universal law for a very grave necessity or make a determinate penalty in place of an indeterminate one.
Canon 1316 Laws should be uniform in the same city or region.
Canon 1317 Penalties should be established only if truly necessary; particular law can't dismiss from the clerical state.
Can. 1318 A legislator is not to threaten latae sententiae penalties except possibly for certain singularly malicious delicts which either can result in graver scandal or cannot be punished effectively by ferendae sententiae penalties; he is not, however, to establish censures, especially excommunication, except with the greatest moderation and only for graver delicts.
Can. 1319 �1. Insofar as a person can impose precepts in the external forum in virtue of the power of governance, the person can also threaten determinate penalties by precept, except perpetual expiatory penalties.
�2. A penal precept is not to be issued unless the matter has been considered thoroughly and those things established in cann. 1317 and 1318 about particular laws have been observed.
Can. 1320 The local ordinary can coerce religious with penalties in all those matters in which they are subject to him.
Those Liable
(Canons 1321 - 1330)
Penalties and Other Punishments
(Canons 1331 - 1340)
Can. 1321 1. No one is punished unless the external violation is gravely imputable by reason of malice or negligence.
2. A penalty established by a law or precept binds the person who has deliberately violated the law or precept, omissions are not punished unless the law specifically provides for it.
§3. Presumption: External violations are imputable unless it is otherwise apparent.
Can. 1322 Those habitually lacking the use of reason are incapable of a delict, even if apparently sane when acting.
Can. 1323 The following aren't subject to penalty:
1/ one under 17 years;
2/ one ignorant of the law violated;
3/ one acting under force or one who didn't foresee the result;
4/ one coerced by grave fear unless the act is intrinsically evil or tends to harm souls;
5/ self-defense against an unjust aggressor;
6/ one without the use of reason without prejudice to cann. 1324, §1, n. 2 and 1325;
7/ one who non-negligently thought 4 or 5 was present.
Can. 1324 §1. The perpetrator of a violation is not exempt from a penalty, but pentalty must be tempered or replaced if:
1/ one had only the imperfect use of reason;
2/ voluntary intoxication;
3/ heat of passion;
4/ one under 17 years;
5/ grave fear, unless the delict is intrinsically evil or tends to the harm of souls;
6/ self-defense against an unjust aggressor;
7/ against someone who gravely and unjustly provokes the person;
8/ one with error about can. 1323, nn. 4 or 5 was present;
9/ non-negligent ignorance;
10/ one without full imputability.
§2. A judge can act in the same manner if another circumstance is present which diminishes the gravity of a delict.
§3. In the circumstances mentioned in §1, the accused is not bound by a latae sententiae penalty.
Can. 1325 Crass, supine, or affected ignorance can never exculpate as per cann. 1323 and 1324; voluntary intoxication to induce delict.
Can. 1326 §1. A judge can punish the following more gravely than the law or precept has established:
1/ one who continues to offend after penalty where obstinate ill will of the person can prudently be inferred;
2/ one who abused a position or office;
3/ one who did not take prudent precaution against delict.
§2. If the penalty in §1 is latae sententiae, another penalty or a penance can be added.
Can. 1327 Particular law can establish further exempting, mitigating, or aggravating circumstances.
Can. 1328 §1. An incomplete delict is not punished unless specifically provided.
§2. If acts are directly preparatory, but didn't have the effect, they can be punished. If scandal or some other grave damage or danger resulted, the perpetrator can be punished.
Can. 1329 §1. If ferendae sententiae penalties are established for the principal perpetrator, co-conspirators are punished with the same or lesser penalty.
§2. Accomplices who are not named in a law or precept incur a latae sententiae penalty attached to a delict if without their assistance the delict would not have been committed, and the penalty is of such a nature that it can affect them; otherwise, they can be punished by ferendae sententiae penalties.
Can. 1330 A delict which consists in a communication is not complete unless someone perceives.
Censures
Expiatory Penalties
Penal Remedies and Penances
Application of Penalties
(Canons 1341 - 1353)
Cessation of Penalties
(Canons 1354 - 1363)
Penalties for Particular Offenses
Offenses against Religion and the Unity of the Church
(Canons 1364 - 1369)
Offenses against Church Authorities
(Canons 1370 - 1377)
Usurpation of Ecclesiastical Offices
(Canons 1378 - 1389)
Falsehood
(Canons 1390 - 1391)
Offenses against Special Obligations
(Canons 1392 - 1396)
Offenses against Human Life and Liberty
(Canons 1397 - 1398)
General Norm
(Canon 1399)
Book 7 |
Processes
Part I. Trials in General
(Cann. 1400 - 1403) (Cann. 1400 - 1403)
Canon 1400 Object of a Trial
§1. The object of a trial is:
1º the pursuit or vindication of the rights of physical or juridic persons, or the declaration of juridic facts;
2º the imposition or declaration of a penalty for delicts.
§2. Nevertheless, controversies arising from an act of administrative power can be brought only before the superior or an administrative tribunal.
See also canon 221 - the right of each person to vindicate rights. Also #2 presumes guilt, however, the guilt is also a matter for the trial to determine. There is evidence of process in scripture and throughout history. Canon 221 calls for canonical equity epieikeia which mediates between blackletter law and doing justice in a particular case. It's goal is salus animarum c1752, but this is so fluid. Maintaining communion ecclesialis
Canon 1401 Church Adjudication By proper and exclusive right the Church adjudicates:
1º cases which regard spiritual matters or those connected to spiritual matters;
2º the violation of ecclesiastical laws and all those matters in which there is a question of sin, in what pertains to the determination of culpability and the imposition of ecclesiastical penalties.
This could also touch sin. In scripture Jesus gives the power to judge. Church claims bishops are recipients of this power. The goal is to restore the broken communio, i.e. restorative justice. This has natural and supernatnatural dimensions. There is a tension between high spiritual principles and the concrete proceedural norms. All deserve justice, whether they are part of general priesthood or hierarchical priesthood.
Canon 1402 Canons on Tribunals The following canons govern all tribunals of the Church, without prejudice to the norms of the tribunals of the Apostolic See.
Canon 1403 Canonization
§1. Special pontifical law governs the causes of canonization of the servants of God.
§2. The prescripts of this Code, however, apply to these causes whenever the special pontifical law refers to the universal law, or norms are involved which also affect these causes by the very nature of the matter. ambivalent terms in process law: remuneratio honesta, posse, gravis causa, gravissima, necessitas, justa causa
Title I. The Competent Forum 1. Part I. Trials in General 1. Title I. The Competent Forum 2. Title II. Grades and Kinds of Tribunals 1. Chapter I. The Tribunal of First Instance 1. Art. 1. The Judge 2. Art. 2. Auditors and Relators 3. Art. 3. Promotor, Defender, Notary 2. Chapter II. The Tribunal of Second Instance 3. Chapter III. The Tribunals of the Apostolic See 3. Title III. The Discipline To Be Observed in Tribunals 4. Chapter I. The Duty of Judges and Ministers of the Tribunal 5. Chapter II. The Order of Adjudication 6. Chapter III. Time Limits and Delays 7. Chapter IV. The Place of the Trial 8. Chapter V. Admission and Acts 4. Title IV. The Parties in a Case 9. Chapter I. The Petitioner and the Respondent 10. Chapter II. Procurators for Litigation and Advocates 5. Title V. Actions and Exceptions 11. Chapter I. Actions and Exceptions in General 12. Chapter II. Specific Actions and Exceptions 2. Part II. The Contentious Trial 6. Title I. The Introduction of the Case= 13. Chapter I. The Introductory Libellus of Litigation 14. Chapter II. The Citation and Notification of Judicial Acts 7. Title II. The Joinder of the Issue 8. Title III. The Trial of the Litigation 9. Title IV. Proofs 15. Chapter 1: Declarations of the Parties 16. Chapter I. The Declarations of the Parties 17. Chapter II. Proof Through Documents 4. Art. 1. The Nature and Trustworthiness of Documents 5. Art. 2. Presentation of Documents 18. Chapter III. Witnesses and Testimonies 6. Art. 1. Those Who Can Be Witnesses 7. Art. 2. The Introduction and Exclusion of Witnesses 8. Art. 3. The Examination of Witnesses 9. Art. 4. The Trustworthiness of Testimonies 19. Chapter IV. Experts 20. Chapter V. Judicial Examination and Inspection 21. Chapter VI. Presumptions 10. Title V. Incidental Cases 22. Chapter I. Parties Who Do Not Appear 23. Chapter II. Third Party Intervention 11. Title VI. Publication, Conclusion and Pleadings 12. Title VII. The Pronouncements of the Judge 13. Title VIII. Challenge of the Sentence 24. Chapter I. Complaint of Nullity against the Sentence 25. Chapter II. Appeal 14. Title IX. Res Iudicata and Restitutio in Integrum 26. Chapter I. Res iudicata 27. Chapter II. Restitutio in integrum 15. Title X. Judicial Expenses and Gratuitous Legal Assistance 16. Title XI. Execution of the Judgment 3. Part III. Certain Special Processes 17. Title I. Marriage Processes 28. Chapter I. Cases to Declare the Nullity of Marriage 10. Art. 1. The Competent Forum 11. Art. 2. The Right to Challenge a Marriage 12. Art. 3. The Duty of the Judges 13. Art. 4. Proofs 14. Art. 5. The Sentence and the Appeal 15. Art. 6. The Documentary Process 16. Art. 7. General Norms 29. Chapter II. Separation of Spouses 30. Chapter III. Ratum et Non Consummatum 31. Chapter IV. Presumed Death of a Spouse 18. Title II. Nullity of Sacred Ordination 19. Title III. Methods of Avoiding Trials 4. Part IV. Penal Process 32. Chapter I. The Preliminary Investigation 33. Chapter II. The Development of the Process 34. Chapter III. Action to Repair Damages 5. Part V. Administrative Recourse and Removal of Pastors 20. Section I. Recourse Against Administrative Decrees 21. Section II. Removal or Transfer of Pastors 35. Chapter I. Removal of Pastors 36. Chapter II. Transfer of Pastors |
(1401-1416)
Canon 1404 First See The First See is judged by no one. It is derived from an interpretation of divine law. See c331 - supreme full universal and immediate power. It's a struggle because of many problems in history. LG 25, also from CIC17. Also c1372 - can't appeal to council.
Canon 1405 Competence of Roman Pontiff
§1. It is solely the right of the Roman Pontiff himself to judge in the cases mentioned in can. 1401:
1º those who hold the highest civil office of a state;
2º cardinals;
3º legates of the Apostolic See and, in penal cases, bishops;
4º other cases which he has called to his own judgment.
§2. A judge cannot review an act or instrument confirmed specifically (in forma specifica) by the Roman Pontiff without his prior mandate.
§3. Judgment of the following is reserved to the Roman Rota:
1º bishops in contentious matters, without prejudice to the prescript of can. 1419, §2;
2º an abbot primate or abbot superior of a monastic congregation and a supreme moderator of religious institutes of pontifical right;
3º dioceses or other physical or juridic ecclesiastical persons which do not have a superior below the Roman Pontiff.
Canon 1406 Incompetence
§1. If the prescript of can. 1404 is violated, the acts and decisions are considered as not to have been placed.
§2. In the cases mentioned in can. 1405, the incompetence of other judges is absolute.
Canon 1407 Competence of Judge
§1. No one can be brought to trial in first instance except before an ecclesiastical judge who is competent by reason of one of the titles determined in cann. 1408–1414.
§2. The incompetence of a judge supported by none of these titles is called relative.
§3. The petitioner follows the forum of the respondent. If the respondent has more than one forum, the choice of forum is granted to the petitioner.
Canon 1408 Domicile Anyone can be brought to trial before the tribunal of domicile or quasi-domicile.
Canon 1409 Transients
§1. A transient has a forum in the place of his or her actual residence.
§2. A person whose domicile, quasi-domicile, and place of residence are unknown can be brought to trial in the forum of the petitioner provided that no other legitimate forum is available.
Canon 1410 Location of an Object By reason of the location of an object, a party can be brought to trial before the tribunal of the place where the object in dispute is located whenever the action is directed against the object or concerns damages.
Canon 1411 Location of Contract
§1. By reason of a contract, a party can be brought to trial before the tribunal of the place where the contract was entered into or must be fulfilled unless the parties agree to choose some other tribunal.
§2. If the case concerns obligations which originate from another title, a party can be brought to trial before the tribunal of the place where the obligation either originated or must be fulfilled.
Canon 1412 Location of Delict In penal cases the accused, even if absent, can be brought to trial before the tribunal of the place where the delict was committed.
Canon 1413 Location of Administration and Inheritance A party can be brought to trial:
1º in cases which concern administration, before the tribunal of the place where the administration was conducted;
2º in cases which regard inheritances or pious legacies, before the tribunal of the last domicile, quasi-domicile, or place of residence, according to the norm of cann. 1408–1409, of the one whose inheritance or pious legacy is at issue unless it concerns the mere execution of the legacy, which must be examined according to the ordinary norms of competence.
Canon 1414 Joinder of Cases By reason of connection, interconnected cases must be adjudicated by one and the same tribunal in the same process unless a prescript of law prevents this.
Canon 1415 By reason of prevention, if two or more tribunals are equally competent, the right of adjudicating the case belongs to the one which legitimately cited the respondent first.
Canon 1416 The appellate tribunal resolves conflicts of competence between tribunals subject to it; if the tribunals are not subject to the same appellate tribunal, the Apostolic Signatura resolves conflicts of competence.
Title II. Grades and Kinds of Tribunals
(1417 - 1445)
Canon 1417 Recourse to Apostolic See
§1. By reason of the primacy of the Roman Pontiff, any member of the faithful is free to bring or introduce his or her own contentious or penal case to the Holy See for adjudication in any grade of a trial and at any stage of the litigation.
§2. Recourse brought to the Apostolic See, however, does not suspend the exercise of jurisdiction by a judge who has already begun to adjudicate a case except in the case of an appeal. For this reason, the judge can prosecute a trial even to the definitive sentence unless the Apostolic See has informed the judge that it has called the case to itself.
Canon 1418 Tribunals to Assist Each Other Any tribunal has the right to call upon the assistance of another tribunal to instruct a case or to communicate acts.
Chapter I. The Tribunal of First Instance
Art. 1. The Judge
Canon 1419 Bishop, First Judge
§1. In each diocese and for all cases not expressly excepted by law, the judge of first instance is the diocesan bishop, who can exercise judicial power personally or through others according to the following canons.
§2. If a case concerns the rights or temporal goods of a juridic person represented by the bishop, the appellate tribunal judges in first instance.
Canon 1420 Judicial Vicar
§1. Each diocesan bishop is bound to appoint a Judicial Vicar, or offcialis, with ordinary power to judge, distinct from the vicar general unless the small size of the diocese or the small number of cases suggests otherwise.
§2. The JV constitutes one tribunal with the bishop but cannot judge cases which the bishop reserves to himself.
§3. The JV can be given assistants who are called adjutant JVs, or vice-officiales.
§4. Both the JV and adjutant JVs must be priests, of unimpaired reputation, doctors or at least licensed in canon law, and not less than thirty years of age.
§5. When the see is vacant, they do not cease from their function and cannot be removed by the diocesan administrator; when the new bishop arrives, however, they need confirmation.
Canon 1421 Diocesan Judges
§1. In a diocese, the bishop is to appoint diocesan judges, who are to be clerics.
§2. The conference of bishops can permit lay persons judges; one of three to form a college. Only since 1983. Power linked with ordination
§3. Judges of unimpaired reputation and doctors or licensed in canon law.
Canon 1422 Terms The JV, adjutant JVs, and other judges are appointed for a definite time, without prejudice to the prescript of can. 1420, §5 and cannot be removed except for a legitimate and grave cause.
Canon 1423 Interdiocesan Tribunal
§1. With the approval of the Apostolic See, several diocesan bishops can agree to establish a single tribunal of first instance for their dioceses in place of the diocesan tribunals mentioned in cann. 1419–1421. In this case, the group of bishops or a bishop they designate has all the powers which a diocesan bishop has over his own tribunal.
§2. The tribunals mentioned in §1 can be established either for any cases whatsoever or only for certain types of cases.
Canon 1424 Assessors In any trial, a single judge can employ two assessors who consult with him; they are to be clerics or lay persons of upright life.
Canon 1425 Collegiate Tribunal Cases
§1. With every contrary custom reprobated, the following cases are reserved to a collegiate tribunal of three judges:
1º contentious cases: a) concerning the bond of sacred ordination; b) concerning the bond of marriage, without prejudice to the prescripts of cann. 1686 and 1688;
2º penal cases: a) concerning delicts which can entail the penalty of dismissal from the clerical state; b) concerning the imposition or declaration of an excommunication.
§2. The bishop can entrust more difficult cases or those of greater importance to the judgment of three or five judges.
§3. Unless the bishop establishes otherwise in individual cases, the JV is to assign the judges in order by turn to adjudicate individual cases.
§4. If it happens that a collegiate tribunal cannot be established in the first instance of a trial, the conference of bishops can permit the bishop, for as long as the impossibility continues, to entrust cases to a single clerical judge who is to employ an assessor and auditor where possible.
§5. The JV is not to substitute judges once they have been assigned except for a most grave cause expressed in a decree.
Canon 1426 Collegiate Tribunal
§1. A collegiate tribunal must proceed collegially and render its sentences by majority vote.
§2. The JV or an adjutant JV must preside over a collegiate tribunal insofar as possible.
Canon 1427 Religious Institute Controversies
§1. If there is a controversy between religious or houses of the same clerical religious institute of pontifical right, the judge of first instance is the provincial superior unless the constitutions provide otherwise; if it is an autonomous monastery, the local abbot judges in first instance.
§2. Without prejudice to a different prescript of the constitutions, if a contentious matter arises between two provinces, the supreme moderator will judge in first instance either personally or through a delegate; if the controversy is between two monasteries, the abbot superior of the monastic congregation will judge in first instance.
§3. Finally, if the controversy arises between physical or juridic religious persons of different religious institutes or of the same clerical institute of diocesan right or of the same lay institute, or between a religious and a secular cleric or lay person or a non-religious juridic person, the diocesan tribunal judges in first instance.
Art. 2. Auditors and Relators
Canon 1428 Auditor
§1. The judge or the president of a collegiate tribunal can designate an auditor, selected either from the judges of the tribunal or from persons the bishop approves for this function, to instruct the case.
§2. The bishop can approve for the function of auditor clerics or lay persons outstanding for their good character, prudence, and doctrine.
§3. It is for the auditor, according to the mandate of the judge, only to collect the proofs and hand those collected over to the judge. Unless the mandate of the judge prevents it, however, the auditor can in the meantime decide what proofs are to be collected and in what manner if a question may arise about this while the auditor exercises his or her function.
Canon 1429 Ponens / Relator The president of a collegiate tribunal must designate one of the judges of the college as the ponens or relator who is to report about the case at the meeting of the judges and write the sentence. For a just cause the president can substitute another in place of the original relator.
Art. 3. Promotor, Defender, Notary
Canon 1430 Promoter A promoter of justice for contentious cases which can endanger the public good and for penal cases to provide for the public good.
Canon 1431 Contentious Cases
§1. In contentious cases, it is for the diocesan bishop to judge whether or not the public good can be endangered unless the intervention of the promoter of justice is prescribed by law or is clearly necessary from the nature of the matter.
§2. If the promoter of justice has intervened in a previous instance, such intervention is presumed necessary in a further instance.
Canon 1432 Defender A defender of the bond in nullity or dissolution of a marriage or ordination.
Canon 1433 Promoter & Defender Required If the promoter of justice or defender of the bond was not cited in cases which require their presence, the acts are invalid unless they actually took part even if not cited or, after they have inspected the acts, at least were able to fulfill their function before the sentence.
Canon 1434
Unless other provision is expressly made:
1º whenever the law requires the judge to hear either both or one of the parties, the promoter of justice and the defender of the bond must also be heard if they take part in the trial;
2º whenever the request of a party is required in order for the judge to be able to decide something, the request of the promoter of justice or defender of the bond who takes part in the trial has the same force.
Canon 1435 Appointment. Bishop appoints promoter of justice and defender of the bond; clerics or lay doctors or licensed, prudence and zeal for justice.
Canon 1436 Conflicts. §1. One can be promoter and defender, but not in the same case. §2. The promoter and the defender can be appointed for all cases or for individual cases; however, the bishop can remove them for a just cause.
Canon 1437 Notary. §1. A notary takes part and signs. §2. Acts which notaries prepare warrant public trust. In practice notary just signs at the end.
Chapter II. The Tribunal of Second Instance
Canon 1438 Appeal
Without prejudice to the prescript of can. 1444, §1, n. 1:
1º from the tribunal of a suffragan bishop, appeal is made to the metropolitan tribunal, without prejudice to the prescript of can. 1439;
2º in cases tried in first instance before the metropolitan, appeal is made to the tribunal which the metropolitan has designated in a stable manner with the approval of the Apostolic See;
3º for cases tried before a provincial superior, the tribunal of second instance is under the authority of the supreme moderator; for cases tried before the local abbot, the tribunal of second instance is under the authority of the abbot superior of the monastic congregation.
Canon 1439 Appeal from Interdiocesan Tribunal
§1. If a single tribunal of first instance has been established for several dioceses according to the norm of can. 1423, the conference of bishops must establish a tribunal of second instance with the approval of the Apostolic See unless the dioceses are all suffragan of the same archdiocese.
§2. With the approval of the Apostolic See, a conference of bishops can establish one or more tribunals of second instance in addition to the cases mentioned in §1.
§3. Over the tribunals of second instance mentioned in §§1–2, the conference of bishops or the bishop it designates has all the powers which a diocesan bishop has over his own tribunal.
Canon 1440 Incompetence If competence by reason of grade according to the norm of cann. 1438 and 1439 is not observed, the incompetence of the judge is absolute.
Canon 1441 The tribunal of second instance must be established in the same way as the tribunal of first instance. Nevertheless, if a single judge rendered a sentence in the first instance of the trial according to can. 1425, §4, the tribunal of second instance is to proceed collegially.
Chapter III. The Tribunals of the Apostolic See
Canon 1442 The Pope is the supreme judge for the entire Catholic world; he gives judicial decisions either personally though himself, through the Ordinary Tribunals of the Apostolic See, or through judges he has delegated.
Canon 1443 The Roman Rota is the ordinary tribunal established by the Roman Pontiff to receive appeals.
Canon 1444 §1. The Roman Rota judges:
1º in second instance, cases which have been adjudicated by the ordinary tribunals of first instance and brought before the Holy See through legitimate appeal;
2º in third or further instance, cases which the Roman Rota or any other tribunals have already adjudicated unless the matter is a res iudicata.
§2. This tribunal also judges in first instance the cases mentioned in can. 1405, §3 and others which the Roman Pontiff, either motu proprio or at the request of the parties, has called to his own tribunal and entrusted to the Roman Rota; unless the rescript entrusting the function provides otherwise, the Rota also judges these cases in second and further instance.
Canon 1445 §1. The supreme tribunal of the Apostolic Signatura adjudicates:
1º complaints of nullity, petitions for restitutio in integrum and other recourses against rotal sentences;
2º recourses in cases concerning the status of persons which the Roman Rota refused to admit to a new examination;
3º exceptions of suspicion and other cases against the auditors of the Roman Rota for acts done in the exercise of their function;
4º conflicts of competence mentioned in can. 1416.
§2. This tribunal deals with conflicts which have arisen from an act of ecclesiastical administrative power and are brought before it legitimately, with other administrative controversies which the Roman Pontiff or the dicasteries of the Roman Curia bring before it, and with a conflict of competence among these dicasteries.
§3. Furthermore it is for this supreme tribunal:
1º to watch over the correct administration of justice and discipline advocates or procurators if necessary;
2º to extend the competence of tribunals;
3º to promote and approve the erection of the tribunals mentioned in cann. 1423 and 1439.
Title III. The Discipline To Be Observed in Tribunals
(1446 - 1475)
Chapter I. The Duty of Judges and Ministers of the Tribunal
Canon 1446 §1. All the Christian faithful, and especially bishops, are to strive diligently to avoid litigation among the people of God as much as possible, without prejudice to justice, and to resolve litigation peacefully as soon as possible.
§2. Whenever the judge perceives some hope of a favorable outcome at the start of litigation or even at any other time, the judge is not to neglect to encourage and assist the parties to collaborate in seeking an equitable solution to the controversy and to indicate to them suitable means to this end, even by using reputable persons for mediation.
§3. If the litigation concerns the private good of the parties, the judge is to discern whether the controversy can be concluded advantageously by an agreement or the judgment of arbitrators according to the norm of cann. 1713–1716.
Canon 1447 A person who has taken part in a case as a judge, promoter of justice, defender of the bond, procurator, advocate, witness, or expert cannot later in another instance validly decide the same case as judge or perform the function of assessor.
Canon 1448 §1. A judge is not to undertake the adjudication of a case in which the judge is involved by reason of consanguinity or affinity in any degree of the direct line and up to the fourth degree of the collateral line or by reason of trusteeship, guardianship, close acquaintance, great animosity, the making of a profit, or the avoidance of a loss.
§2. In these circumstances the promoter of justice, the defender of the bond, the assessor, and the auditor must abstain from their office.
Canon 1449 §1. If in the cases mentioned in can. 1448 the judge does not withdraw, a party can lodge an objection against the judge.
§2. The JV deals with the objection; if the objection is lodged against him, the bishop who presides over the tribunal deals with it.
§3. If the bishop is the judge and the objection is lodged against him, he is to abstain from judging.
§4. If the objection is lodged against the promoter of justice, the defender of the bond, or other officials of the tribunal, the president in a collegiate tribunal or the single judge deals with this exception.
Canon 1450 If the objection is accepted, the persons must be changed but not the grade of the trial.
Canon 1451 §1. The question of an objection must be decided as promptly as possible (expeditissime) after the parties have been heard as well as the promoter of justice or defender of the bond, if they take part in the trial and are not the ones against whom the objection has been lodged.
§2. Acts placed by a judge before an objection is lodged are valid; nevertheless, those acts placed after the objection has been lodged must be rescinded if a party requests it within ten days from the acceptance of the objection.
Canon 1452 §1. In a matter which concerns private persons alone, a judge can proceed only at the request of a party. Once a case has been legitimately introduced, however, the judge can and must proceed even ex officio in penal cases and other cases which regard the public good of the Church or the salvation of souls.
§2. Furthermore, the judge can supply for the negligence of the parties in furnishing proofs or in lodging exceptions whenever the judge considers it necessary in order to avoid a gravely unjust judgment, without prejudice to the prescripts of can. 1600.
Canon 1453 Without prejudice to justice, judges and tribunals are to take care that all cases are completed as soon as possible and that in a tribunal of first instance they are not prolonged beyond a year and in a tribunal of second instance beyond six months.
Canon 1454 All who constitute a tribunal or assist it must take an oath to carry out their function correctly and faithfully.
Canon 1455 §1. Judges and tribunal personnel are always bound to observe secrecy of office in a penal trial, as well as in a contentious trial if the revelation of some procedural act could bring disadvantage to the parties.
§2. They are also always bound to observe secrecy concerning the discussion among the judges in a collegiate tribunal before the sentence is passed and concerning the various votes and opinions expressed there, without prejudice to the prescript of can. 1609, §4.
§3. Whenever the nature of the case or the proofs is such that disclosure of the acts or proofs will endanger the reputation of others, provide opportunity for discord, or give rise to scandal or some other disadvantage, the judge can bind the witnesses, the experts, the parties, and their advocates or procurators by oath to observe secrecy.
Canon 1456 The judge and all officials of the tribunal are prohibited from accepting any gifts on the occasion of their acting in a trial.
Canon 1457 §1. The competent authority can punish with fitting penalties, not excluding privation from office, judges who refuse to render a judgment when they are certainly and manifestly competent, who declare themselves competent with no supporting prescript of law and adjudicate and decide cases, who violate the law of secrecy, or who inflict some other damage on the litigants out of malice or grave negligence.
§2. The ministers and personnel of a tribunal are subject to these same sanctions if they fail in their office as described above; the judge can also punish all of them.
Chapter II. The Order of Adjudication
Canon 1458 Cases are to be adjudicated in the order in which they were presented and inscribed in the register unless one of them requires speedier treatment than the others; this fact must be established through a special decree which gives the substantiating reasons.
Canon 1459 §1. Defects which can render the sentence null can be introduced as exceptions at any stage or grade of the trial; the judge can likewise declare them ex officio.
§2. In addition to the cases mentioned in §1, dilatory exceptions, especially those which regard the persons and the manner of the trial, must be proposed before the joinder of the issue unless they emerged after the issue was already joined; they must be decided as soon as possible.
Canon 1460 §1. If an exception is proposed against the competence of the judge, that judge must deal with the matter.
§2. In the case of an exception of relative incompetence, if the judge finds for competence, the decision does not admit of appeal; a complaint of nullity and restitutio in integrum, however, are not prohibited.
§3. If the judge finds for incompetence, however, the party who feels injured can appeal to the appellate tribunal within fifteen useful days.
Canon 1461 A judge who becomes aware of being absolutely incompetent at any stage of the case must declare the incompetence.
Canon 1462 §1. Exceptions of res iudicata, of agreement, and other peremptory exceptions which are called litis finitae must be proposed and adjudicated before the joinder of the issue. A person who proposes them later must not be rejected but is liable for expenses unless the person proves that the presentation was not delayed maliciously.
§2. Other peremptory exceptions are to be proposed during the joinder of the issue and must be treated at the proper time according to the rules for incidental questions.
Canon 1463 §1. Counterclaims cannot be proposed validly except within thirty days from the joinder of the issue.
§2. They are to be adjudicated, however, along with the original action, that is, in the same grade with it unless it is necessary to adjudicate them separately or the judge considers it more opportune to do so.
Canon 1464 Questions concerning the provision for judicial expenses or a grant of gratuitous legal assistance which had been requested from the very beginning and other such questions as a rule must be dealt with before the joinder of the issue.
Chapter III. Time Limits and Delays
Canon 1465 §1. Fatalia legis, that is, the time limits established by law for extinguishing rights, cannot be extended nor validly shortened unless the parties request it.
§2. Before the judicial or conventional time limits lapse, however, the judge can extend them for a just cause after the parties have been heard or if they request it; the judge, however, can never shorten those limits validly unless the parties agree.
§3. Nevertheless, the judge is to take care that such an extension does not overly prolong the litigation.
Canon 1466 When the law in no way establishes time limits for completing procedural acts, the judge must define them after having taken into consideration the nature of each act.
Canon 1467 If the tribunal is closed on the day scheduled for a judicial act, the time limit is extended to the first day following which is not a holiday.
Chapter IV. The Place of the Trial
Canon 1468 Insofar as possible, every tribunal is to be in an established location open during stated hours.
Canon 1469 §1. A judge expelled by force from his territory or impeded from the exercise of jurisdiction there can exercise jurisdiction and render a sentence outside that territory; the diocesan bishop, however, is to be informed of this.
§2. In addition to the case mentioned in §1, for a just cause and after having heard the parties, the judge can also go outside the territory to acquire proofs. This is to be done, however, with the permission of the diocesan bishop of the place where the judge goes and in the location designated by that bishop.
Chapter V. Admission and Acts
Canon 1470 §1. Unless particular law provides otherwise, while cases are being heard before the tribunal, only those persons are to be present in court whom the law or the judge has established as necessary to expedite the process.
§2. With appropriate penalties, the judge can call to task all those present at a trial who are gravely lacking in the respect and obedience due the tribunal; furthermore, the judge can also suspend advocates and procurators from the exercise of their function in ecclesiastical tribunals.
Canon 1471 If a person to be questioned speaks a language unknown to the judge or the parties, an interpreter designated by the judge and under oath is to be used. The statements, however, are to be put into writing in the original language and a translation added. An interpreter is also to be used if a speech or hearing impaired person must be questioned unless the judge may prefer the person to answer the questions in writing.
Canon 1472 §1. The judicial acts, both the acts of the case, that is, those regarding the merit of the question, and the acts of the process, that is, those pertaining to the procedure, must be put in writing.
§2. The individual pages of the acts are to be numbered and authenticated.
Canon 1473 Whenever judicial acts require the signature of the parties or witnesses and the party or witness is unable or unwilling to sign, this is to be noted in the acts; the judge and the notary are also to attest that the act was read to the party or the witness verbatim and that the party or the witness was either not able or unwilling to sign.
Canon 1474 §1. In the case of an appeal, a copy of the acts authenticated by the attestation of a notary is to be sent to the higher tribunal.
§2. If the acts were written in a language unknown to the higher tribunal, they are to be translated into one known to that tribunal, with due precautions taken that the translation is a faithful one.
Canon 1475 §1. When the trial has been completed, documents which belong to private persons must be returned; a copy of them, however, is to be retained.
§2. Without a mandate of the judge, notaries and the chancellor are forbidden to furnish a copy of the judicial acts and documents acquired in the process.
Title IV. The Parties in a Case
(1476 - 1490)
Chapter I. The Petitioner and the Respondent
Canon 1476 Anyone, whether baptized or not, can bring action in a trial; however, a party legitimately summoned must respond.
Canon 1477 Even if the petitioner or respondent has appointed a procurator or advocate, they themselves are nevertheless always bound to be present at the trial according to the prescript of the law or of the judge.
Canon 1478 §1. Minors and those who lack the use of reason can stand trial only through their parents, guardians, or curators, without prejudice to the prescript of §3.
§2. If the judge thinks that the rights of minors are in conflict with the rights of the parents, guardians, or curators or that the latter cannot adequately protect the rights of the former, then the minors are to stand trial through a guardian or curator appointed by the judge.
§3. Nevertheless, in spiritual cases and those connected with spiritual matters, if the minors have attained the use of reason, they can petition and respond without the consent of their parents or guardian. They can do so personally if they have completed their fourteenth year of age; otherwise, they do so through the curator appointed by the judge.
§4. Those deprived of the administration of goods and those of diminished mental capacity can stand trial personally only to answer for their own delicts or at the order of the judge; otherwise, they must petition and respond through their curators.
Canon 1479 Whenever a guardian or curator appointed by civil authority is present, the ecclesiastical judge can admit the guardian or curator after having heard, if possible, the diocesan bishop of the person to whom the guardian or curator was given; if the guardian or curator is not present or does not seem admissible, the judge will appoint a guardian or curator for the case.
Canon 1480 §1. Juridic persons stand trial through their legitimate representatives.
§2. In a case of the lack of or negligence of the representative, however, the ordinary himself can stand trial personally or through another in the name of juridic persons subject to his authority.
Chapter II. Procurators for Litigation and Advocates
Canon 1481 Advocate
§1. A party can freely appoint an advocate and procurator; except for the cases established in §§2 and 3, however, can go pro se, unless judge says no.
§2. In a penal trial, the accused must always have an advocate either appointed personally or assigned by the judge.
§3. In a contentious trial which involves minors or in a trial which affects the public good, with the exception of marriage cases, the judge is to appoint ex officio a defender for a party who does not have one.
In Canon Law Advocate works for the tribunal, contrary to civil practice. But the reality is different.
Canon 1482 §1. A person can appoint only one procurator who cannot substitute another unless the procurator has been given the expressed faculty to do so.
§2. If a person appoints several procurators for a just cause, however, they are to be designated in such a way that prevention is operative among them.
§3. Nevertheless, several advocates can be appointed together.
Canon 1483 The procurator and advocate must have attained the age of majority and be of good reputation; moreover, the advocate must be a Catholic unless the diocesan bishop permits otherwise, a doctor in canon law or otherwise truly expert, and approved by the same bishop.
Canon 1484 §1. Before the procurator and advocate undertake their function, they must present an authentic mandate to the tribunal.
§2. To prevent the extinction of a right, however, the judge can admit a procurator even if the mandate has not been presented, once a suitable guarantee has been furnished if the case warrants it; the act, however, lacks any force if the procurator does not correctly present the mandate within the peremptory time established by the judge.
Canon 1485 Without a special mandate, a procurator cannot validly renounce an action, an instance, or judicial acts nor come to an agreement, make a bargain, enter into arbitration, or in general do those things for which the law requires a special mandate.
Canon 1486 §1. For the removal of a procurator or advocate to take effect, they must be informed; if the issue has already been joined, the judge and the opposing party must also be informed about the removal.
§2. After the definitive sentence has been issued, the right and duty to appeal, if the mandating person does not refuse, remains with the procurator.
Canon 1487 For a grave cause, the judge either ex officio or at the request of the party can remove the procurator and the advocate by decree.
Canon 1488 §1. Both the procurator and the advocate are forbidden to resolve the litigation by bribery or to make an agreement for an excessive profit or for a share in the object in dispute. If they do so, the agreement is null, and the judge can fine them. Moreover, the bishop who presides over the tribunal can suspend the advocate from office and even remove him or her from the list of advocates if it happens again.
§2. Advocates and procurators can be punished in the same way if in deceit of the law they withdraw cases from competent tribunals so that the cases will be decided more favorably by other tribunals.
Canon 1489 Advocates and procurators who betray their office for gifts, promises, or any other reason are to be suspended from the exercise of legal assistance and punished with a fine or other suitable penalties.
Canon 1490 As far as possible, legal representatives are to be appointed in a stable manner in each tribunal, who receive a stipend from the tribunal and are to exercise, especially in marriage cases, the function of advocate or procurator on behalf of parties who wish to select them.
Title V. Actions and Exceptions
(1491 - 1500)
Chapter I. Actions and Exceptions in General
Canon 1491 Every right is protected not only by an action but also by an exception unless other provision is expressly made.
Canon 1492 §1. Every action is extinguished by prescription according to the norm of law or by some other legitimate means, with the exception of actions concerning the status of persons, which are never extinguished.
§2. Without prejudice to the prescript of can. 1462, an exception is always available and is perpetual by its very nature.
Canon 1493 A petitioner can bring a person to trial with several actions at once, either concerning the same or different matters, so long as the actions do not conflict among themselves and do not exceed the competence of the tribunal approached.
Canon 1494 §1. The respondent can file a counterclaim against the petitioner before the same judge in the same trial either because of the connection of the case with the principal action or to remove or diminish the claim of the petitioner.
§2. A counterclaim to a counterclaim is not allowed.
Canon 1495 The counterclaim must be presented to the judge before whom the first action was filed even if the judge was delegated for only one case or is otherwise relatively incompetent.
Chapter II. Specific Actions and Exceptions
Canon 1496 §1. A person, who through at least probable arguments has shown a right over something held by another and the threat of damage unless the thing is placed in safekeeping, has the right to obtain its sequestration from the judge.
§2. In similar circumstances, a person can obtain an order to restrain another from the exercise of a right.
Canon 1497 §1. Sequestration of a thing is also allowed as security for a loan provided that the right of the creditor is sufficiently evident.
§2. Sequestration can also be extended to the goods of the debtor which are discovered in the possession of others under any title and to the loans of the debtor.
Canon 1498 Sequestration of a thing and restraint upon the exercise of a right can in no way be decreed if the harm which is feared can be repaired in another way and suitable security for its repair is offered.
Canon 1499 A judge who grants the sequestration of a thing or a restraint upon the exercise of a right can first impose an obligation upon the person to compensate for damages if that person’s right is not proven.
Canon 1500 The prescripts of the civil law of the place where the object whose possession is in question is located are to be observed regarding the nature and force of a possessory action.
Part II. The Contentious Trial
Section I. The Ordinary Contentious Trial
Title I. The Introduction of the Case=
(Cann. 1501 - 1512)
Chapter I. The Introductory Libellus of Litigation
Canon 1501 A judge cannot adjudicate a case unless the party concerned or the promoter of justice has presented a petition according to the norm of the canons.
Canon 1502 A person who wishes to bring another to trial must present to a competent judge a libellus which sets forth the object of the controversy and requests the services of the judge.
Canon 1503 §1. The judge can accept an oral petition whenever the petitioner is impeded from presenting a libellus or the case is easily investigated and of lesser importance.
§2. In either case, however, the judge is to order the notary to put the act into writing; the written record must be read to and approved by the petitioner and has all the legal effects of a libellus written by the petitioner.
Canon 1504 The libellus, which introduces litigation, must:
1º express the judge before whom the case is introduced, what is being sought and by whom it is being sought;
2º indicate the right upon which the petitioner bases the case and, at least generally, the facts and proofs which will prove the allegations;
3º be signed by the petitioner or the petitioner’s procurator, indicating the day, month, and year, and the address where the petitioner or procurator lives or where they say they reside for the purpose of receiving the acts;
4º indicate the domicile or quasi-domicile of the respondent.
Canon 1505 §1. When a single judge or the president of a collegiate tribunal has seen that the matter is within his competence and the petitioner does not lack legitimate personal standing in the trial, he must accept or reject the libellus as soon as possible by decree.
§2. A libellus can be rejected only:
1º if the judge or tribunal is incompetent;
2º if without doubt it is evident that the petitioner lacks legitimate personal standing in the trial;
3º if the prescripts of can. 1504, nn. 1–3 have not been observed;
4º if it is certainly clear from the libellus itself that the petition lacks any basis and that there is no possibility that any such basis will appear through a process.
§3. If the libellus has been rejected because of defects which can be corrected, the petitioner can resubmit a new, correctly prepared libellus to the same judge.
§4. A party is always free within ten available days to make recourse with substantiating reasons against the rejection of a libellus either to the appellate tribunal or to the college if the libellus was rejected by the presiding judge; the question of the rejection is to be decided as promptly as possible (expeditissime).
Canon 1506 If within a month from the presentation of the libellus the judge has not issued a decree which accepts or rejects the libellus according to the norm of can. 1505, the interested party can insist that the judge fulfill his function. If the judge takes no action within ten days from the request, then the libellus is to be considered as accepted.
Chapter II. The Citation and Notification of Judicial Acts
Canon 1507 §1. In the decree which accepts the libellus of the petitioner, the judge or the presiding judge must call the other parties to trial, that is, cite them to the joinder of the issue, establishing whether they must respond in writing or present themselves before the judge to come to agreement about the doubts. If from the written responses the judge perceives it necessary to convene the parties, the judge can establish that by a new decree.
§2. If the libellus is considered as accepted according to the norm of can. 1506, the decree of citation to the trial must be issued within twenty days from the request mentioned in that canon.
§3. If the litigating parties de facto present themselves before the judge to pursue the case, however, there is no need for a citation, but the notary is to note in the acts that the parties were present for the trial.
Canon 1508 §1. The decree of citation to the trial must be communicated immediately to the respondent and at the same time to others who must appear.
§2. The libellus which introduces litigation is to be attached to the citation unless for grave causes the judge determines that the libellus must not be made known to the party before that party makes a deposition in the trial.
§3. If litigation is introduced against someone who does not have the free exercise of his or her rights or the free administration of the things in dispute, the citation must be communicated, as the case may be, to the guardian, curator, or special procurator, that is, the one who is bound to undertake the trial in the name of that person according to the norm of law.
Canon 1509 §1. The notification of citations, decrees, sentences, and other judicial acts must be made through the public postal services or by some other very secure method according to the norms established in particular law.
§2. The fact of notification and its method must be evident in the acts.
Canon 1510 A respondent who refuses to accept the document of citation or who prevents its delivery is considered to be legitimately cited.
Canon 1511 If the citation was not communicated legitimately, the acts of the process are null, without prejudice to the prescript of can. 1507, §3.
Canon 1512 When the citation has been communicated legitimately or the parties have appeared before the judge to pursue the case:
1º the matter ceases to be res integra;
2º the case becomes proper to the otherwise competent judge or tribunal before which the action was initiated;
3º the jurisdiction of a delegated judge is fixed in such a way that it does not cease when the authority of the one delegating expires;
4º prescription is interrupted unless other provision is made;
5º the litigation begins to be pending; therefore, the principle while litigation is pending, nothing is to be altered immediately takes effect.
Title II. The Joinder of the Issue
(Cann. 1513 - 1516)
Canon 1513 §1. The joinder of the issue (contestatio litis) occurs when the terms of the controversy, derived from the petitions and responses of the parties, are defined through a decree of the judge.
§2. The petitions and responses of the parties, besides those in the libellus which introduces the litigation, can be expressed either in a response to the citation or in the oral declarations made before the judge; in more difficult cases, however, the judge must convene the parties to resolve the doubt or doubts which must be answered in the sentence.
§3. The decree of the judge must be communicated to the parties; unless they have already agreed to the terms, the parties can make recourse to the judge within ten days in order to change them; a decree of the judge, however, must resolve the question as promptly as possible (expeditissime).
Canon 1514 Once established, the terms of the controversy cannot be changed validly except by a new decree, for a grave cause, at the request of a party, and after the other parties have been heard and their arguments considered.
Canon 1515 After the issue has been joined, the possessor of the property of another ceases to be in good faith; therefore, if the possessor is sentenced to restore the property, the person must also return the profits made from the day of the joinder and repair any damages.
Canon 1516 After the issue has been joined, the judge is to prescribe a suitable time for the parties to present and complete the proofs.
Title III. The Trial of the Litigation
(1517 - 1525)
Canon 1517 A trial begins with the citation; it ends not only by the pronouncement of a definitive sentence but also by other methods defined by law.
Canon 1518 If the litigating party dies, changes status, or ceases from the office in virtue of which action is taken:
1º if the case has not yet been concluded, the trial is suspended until the heir of the deceased, the successor, or an interested party resumes the litigation;
2º if the case has been concluded, the judge must proceed to the additional acts, after having cited the procurator, if there is one, or otherwise the heir of the deceased or the successor.
Canon 1519 §1. If the guardian, curator, or procurator who is necessary according to the norm of can. 1481, §§1 and 3 ceases from that function, the trial is suspended in the meantime.
§2. The judge, however, is to appoint another guardian or curator as soon as possible; the judge can appoint a procurator for the litigation if the party has neglected to do so within the brief time period established by the judge.
Canon 1520 If the parties, without any impediment, propose no procedural act for six months, the trial is abated. Particular law can establish other terms of abatement.
Canon 1521 Abatement takes effect by the law itself against all persons, including minors or those equivalent to minors, and must be declared ex officio, without prejudice to the right of seeking indemnity against guardians, curators, administrators, or procurators, who have not proved that they were not negligent.
Canon 1522 Abatement extinguishes the acts of the process but not the acts of the case; indeed these acts can also have force in another trial provided that the case involves the same persons and the same issue; regarding those not party to the case, however, the acts have no force other than that of documents.
Canon 1523 Each litigant is to bear the expenses of the abated trial which that litigant has incurred.
Canon 1524 §1. The petitioner can renounce the trial at any stage or grade of the trial; likewise both the petitioner and the respondent can renounce either all or only some of the acts of the process.
§2. To renounce a trial, guardians and administrators of juridic persons need the counsel or consent of those whose involvement is required to place acts which exceed the limits of ordinary administration.
§3. To be valid, a renunciation must be written and signed by the party or by a procurator of the party who has a special mandate to do so; it must be communicated to the other party, accepted or at least not challenged by that party, and accepted by the judge.
Canon 1525 A renunciation accepted by the judge has the same effects for the acts renounced as the abatement of the trial; it also obliges the renouncing party to pay the expenses for the acts renounced.
Title IV. Proofs
(1526 - 1586)
Chapter 1: Declarations of the Parties
Canon 1526 §1. The burden of proof rests upon the person who makes the allegation.
§2. The following do not need proof:
1º matters presumed by the law itself;
2º facts alleged by one of the contending parties and admitted by the other unless the law or the judge nevertheless requires proof.
Canon 1527 §1. Proofs of any kind which seem useful for adjudicating the case and are licit can be brought forward.
§2. If a party insists that a proof rejected by a judge be accepted, the judge is to decide the matter as promptly as possible (expeditissime).
Canon 1528 If a party or a witness refuses to appear before the judge to testify, it is permissible to hear them through a lay person designated by the judge or to require of them a declaration either before a notary public or in any other legitimate manner.
Canon 1529 Except for a grave cause, the judge is not to proceed to collect the proofs before the joinder of the issue.
Chapter I. The Declarations of the Parties
Canon 1530 The judge can always question the parties to draw out the truth more effectively and indeed must do so at the request of a party or to prove a fact which the public interest requires to be placed beyond doubt.
Canon 1531 §1. A party legitimately questioned must respond and must tell the whole truth.
§2. If a party refuses to respond, it is for the judge to decide what can be inferred from that refusal concerning the proof of the facts.
Canon 1532 In cases where the public good is at stake, the judge is to administer an oath to the parties to tell the truth or at least to confirm the truth of what they have said unless a grave cause suggests otherwise; the same can be done in other cases according to the judge’s own prudence.
Canon 1533 The parties, the promoter of justice, and the defender of the bond can present the judge with items about which the party is to be questioned.
Canon 1534 The provisions of cann. 1548, §2, n. 1, 1552, and 1558–1565 concerning witnesses are to be observed to the extent possible when questioning the parties.
Canon 1535 A judicial confession is the written or oral assertion of some fact against oneself before a competent judge by any party concerning the matter of the trial, whether made spontaneously or while being questioned by the judge.
Canon 1536 §1. The judicial confession of one party relieves the other parties from the burden of proof if it concerns some private matter and the public good is not at stake.
§2. In cases which regard the public good, however, a judicial confession and declarations of the parties which are not confessions can have a probative force which the judge must evaluate together with the other circumstances of the case; the force of full proof cannot be attributed to them, however, unless other elements are present which thoroughly corroborate them.
Canon 1537 After considering all the circumstances, it is for the judge to decide how much value must be accorded an extrajudicial confession introduced into the trial.
Canon 1538 A confession or any other declaration of a party lacks any force if it is shown that it was made due to an error of fact or extorted by force or grave fear.
Chapter II. Proof Through Documents
Canon 1539 In any kind of trial, proof by means of both public and private documents is allowed.
Art. 1. The Nature and Trustworthiness of Documents
Canon 1540 §1. Public ecclesiastical documents are those which a public person has drawn up in the exercise of that person’s function in the Church, after the solemnities prescribed by law have been observed.
§2. Public civil documents are those which the laws of each place consider to be such.
§3. Other documents are private.
Canon 1541 Unless contrary and evident arguments prove otherwise, public documents are to be trusted concerning everything which they directly and principally affirm.
Canon 1542 A private document, whether acknowledged by a party or approved by the judge, has the same force of proof against the author or signatory and those deriving a case from them as an extrajudicial confession. It has the same force against those who are not parties to the case as declarations of the parties which are not confessions, according to the norm of can. 1536, §2.
Canon 1543 If the documents are shown to have been erased, emended, falsified, or otherwise defective, it is for the judge to decide what value, if any, must be afforded them.
Art. 2. Presentation of Documents
Canon 1544 Documents do not have probative force in a trial unless they are originals or authentic copies and deposited at the tribunal chancery so that the judge and the opposing party can examine them.
Canon 1545 The judge can order a document common to both parties to be presented in the process.
Canon 1546 §1. Even if documents are common, no one is bound to present those which cannot be communicated without danger of harm according to the norm of can. 1548, §2, n. 2 or without danger of violating an obligation to observe secrecy.
§2. Nonetheless, if at least some small part of a document can be transcribed and presented in copy without the above-mentioned disadvantages, the judge can decree that it be produced.
Chapter III. Witnesses and Testimonies
Canon 1547 Proof by means of witnesses is allowed under the direction of the judge in cases of any kind.
Canon 1548 §1. When the judge questions witnesses legitimately, they must tell the truth.
§2. Without prejudice to the prescript of can. 1550, §2, n. 2, the following are exempted from the obligation to respond:
1º clerics regarding what has been made known to them by reason of sacred ministry; civil officials, physicians, midwives, advocates, notaries, and others bound by professional secrecy even by reason of having given advice, regarding those matters subject to this secrecy;
2º those who fear that from their own testimony ill repute, dangerous hardships, or other grave evils will befall them, their spouses, or persons related to them by consanguinity or affinity.
Art. 1. Those Who Can Be Witnesses
Canon 1549 All persons can be witnesses unless the law expressly excludes them in whole or in part.
Canon 1550 §1. Minors below the fourteenth year of age and those of limited mental capacity are not allowed to give testimony; they can, however, be heard by a decree of the judge which declares such a hearing expedient.
§2. The following are considered incapable:
1º the parties in the case or those who stand for the parties at the trial, the judge and the judge’s assistants, the advocate, and others who assist or have assisted the parties in the same case;
2º priests regarding all matters which they have come to know from sacramental confession even if the penitent seeks their disclosure; moreover, matters heard by anyone and in any way on the occasion of confession cannot be accepted even as an indication of the truth.
Art. 2. The Introduction and Exclusion of Witnesses
Canon 1551 The party who has introduced a witness can renounce the examination of that witness; the opposing party, however, can request that the witness be examined nevertheless.
Canon 1552 §1. When proof through witnesses is requested, their names and domicile are to be communicated to the tribunal.
§2. The items of discussion about which questioning of the witnesses is sought are to be presented within the time period set by the judge; otherwise, the request is to be considered as abandoned.
Canon 1553 It is for the judge to curb an excessive number of witnesses.
Canon 1554 Before the witnesses are examined, their names are to be communicated to the parties; if in the prudent judgment of the judge, however, that cannot be done without grave difficulty, it is to be done at least before the publication of the testimonies.
Canon 1555 Without prejudice to the prescript of can. 1550, a party can request the exclusion of a witness if a just cause for the exclusion is shown before the questioning of the witness.
Canon 1556 The citation of a witness occurs through a decree of the judge legitimately communicated to the witness.
Canon 1557 A witness who has been cited properly is to appear or to inform the judge of the reason for the absence.
Art. 3. The Examination of Witnesses
Canon 1558 §1. Witnesses must be examined at the tribunal unless the judge deems otherwise.
§2. Cardinals, patriarchs, bishops, and those who possess a similar favor by civil law are to be heard in the place they select.
§3. The judge is to decide where to hear those for whom it is impossible or difficult to come to the tribunal because of distance, sickness, or some impediment, without prejudice to the prescripts of cann. 1418 and 1469, §2.
Canon 1559 The parties cannot be present at the examination of the witnesses unless the judge has decided to admit them, especially when the matter concerns a private good. Their advocates or procurators, however, can be present unless the judge has decided that the examination must proceed in secret due to the circumstances of the matters and persons.
Canon 1560 §1. Each witness must be examined separately.
§2. If witnesses disagree among themselves or with a party in a grave matter, the judge, after having removed discord and scandal insofar as possible, can have those who disagree meet together or confront one another.
Canon 1561 The judge, the judge’s delegate, or an auditor examines the witness; the examiner must have the assistance of a notary. Consequently, if the parties, the promoter of justice, the defender of the bond, or the advocates present at the examination have any questions to be put to the witness, they are to propose them not to the witness but to the judge or the one who takes the place of the judge, who is to ask the questions, unless particular law provides otherwise.
Canon 1562 §1. The judge is to call to the attention of the witness the grave obligation to speak the whole truth and only the truth.
§2. The judge is to administer an oath to the witness according to can. 1532; a witness who refuses to take it, however, is to be heard without the oath.
Canon 1563 The judge is first of all to establish the identity of the witness, then ask what relationship the witness has with the parties, and, when addressing specific questions to the witness concerning the case, also inquire about the sources of his or her knowledge and the precise time when the witness learned what he or she asserts.
Canon 1564 The questions are to be brief, accommodated to the mental capacity of the person being questioned, not comprised of several points at the same time, not deceitful or deceptive or suggestive of a response, free from any kind of offense, and pertinent to the case being tried.
Canon 1565 §1. Questions must not be communicated to the witnesses beforehand.
§2. Nonetheless, if the matters about which testimony must be given are so remote to memory that they cannot be affirmed with certainty unless previously recalled, the judge can advise the witness beforehand on some matters if the judge thinks this can be done without danger.
Canon 1566 Witnesses are to give testimony orally and are not to read written materials unless they are computations and accounts; in this case, they can consult the notes which they brought with them.
Canon 1567 §1. The notary is to write down the response immediately and must report the exact words of the testimony given, at least in what pertains to those points which touch directly upon the material of the trial.
§2. The use of a tape recorder can be allowed, provided that the responses are afterwards transcribed and, if possible, signed by the deponents.
Canon 1568 The notary is to make mention in the acts of whether the oath was taken, excused, or refused, of the presence of the parties and other persons, of the questions added ex officio, and in general of everything worth remembering which may have occurred while the witnesses were being examined.
Canon 1569 §1. At the end of the examination, what the notary has written down from the deposition must be read to the witness, or what has been recorded with the tape recorder during the deposition must be played, giving the witness the opportunity to add, suppress, correct, or change it.
§2. Finally, the witness, the judge, and the notary must sign the acts.
Canon 1570 Although already examined, witnesses can be recalled for examination before the acts or testimonies are published, either at the request of a party or ex officio, if the judge decides it is necessary or useful, provided that there is no danger of collusion or corruption.
Canon 1571 Both the expenses which the witnesses incurred and the income which they lost by giving testimony must be reimbursed to them according to the just assessment of the judge.
Art. 4. The Trustworthiness of Testimonies
Canon 1572 In evaluating testimony, the judge, after having requested testimonial letters if necessary, is to consider the following:
1º what the condition or reputation of the person is;
2º whether the testimony derives from personal knowledge, especially from what has been seen or heard personally, or whether from opinion, rumor, or hearsay;
3º whether the witness is reliable and firmly consistent or inconsistent, uncertain, or vacillating;
4º whether the witness has co-witnesses to the testimony or is supported or not by other elements of proof.
Canon 1573 The testimony of one witness cannot produce full proof unless it concerns a qualified witness making a deposition concerning matters done ex officio, or unless the circumstances of things and persons suggest otherwise.
Chapter IV. Experts
Canon 1574 The assistance of experts must be used whenever the prescript of a law or of the judge requires their examination and opinion based on the precepts of art or science in order to establish some fact or to discern the true nature of some matter.
Canon 1575 After having heard the parties and their suggestions, it is for the judge to appoint the experts or, if the case warrants, to accept reports already drawn up by other experts.
Canon 1576 Experts are excluded or can be objected to for the same reasons as a witness.
Canon 1577 §1. Attentive to what the litigants may bring forward, the judge is to determine in a decree the individual items upon which the services of the expert must focus.
§2. The acts of the case and other documents and aids which the expert can need to fulfill his or her function correctly and faithfully must be turned over to the expert.
§3. After having heard the expert, the judge is to determine the time within which the expert must complete the examination and produce the report.
Canon 1578 §1. Each of the experts is to prepare a report separate from the others unless the judge decrees that one report signed by the experts individually be drawn up; if this is done, differences of opinion, if there are any, are to be noted carefully.
§2. Experts must indicate clearly by what documents or other suitable means they gained certainty of the identity of the persons, things, or places, by what manner and method they proceeded in fulfilling the function entrusted to them, and above all on which arguments they based their conclusions.
§3. The judge can summon the expert to supply explanations which later seem necessary.
Canon 1579 §1. The judge is to weigh carefully not only the conclusions of the experts, even if they are in agreement, but also the other circumstances of the case.
§2. When giving reasons for the decision, the judge must express what considerations prompted him or her to accept or reject the conclusions of the experts.
Canon 1580 The judge must justly and equitably determine the expenses and fees to be paid to the experts, with due regard for particular law.
Canon 1581 §1. The parties can designate private experts whom the judge must approve.
§2. If the judge allows them, the private experts can inspect the acts of the case insofar as necessary and attend the presentation of the expert testimony; moreover, they can always present their own report.
Chapter V. Judicial Examination and Inspection
Canon 1582 If, in order to decide a case, the judge considers it opportune to visit some place or to inspect some thing, the judge, after having heard the parties, is to order it by a decree describing in summary fashion those things which must be exhibited during the visit or inspection.
Canon 1583 When the visit or inspection has been completed, a report about it is to be drafted.
Chapter VI. Presumptions
English Latin
Canon 1584 A presumption is a probable conjecture about an uncertain matter; a presumption of law is one which the law itself establishes; a human presumption is one which a judge formulates.
Canon 1585 A person who has a favorable presumption of law is freed from the burden of proof, which then falls to the other party.
Canon 1586 The judge is not to formulate presumptions which are not established by law unless they are directly based on a certain and determined fact connected with the matter in dispute.
Title V. Incidental Cases
(1587 - 1597)
Canon 1587 An incidental case arises whenever, after the trial has begun through the citation, a question is proposed which nevertheless pertains to the case in such a way that it frequently must be resolved before the principal question, even if it was not expressly contained in the libellus which introduced the litigation.
Canon 1588 An incidental case is proposed in writing or orally before the judge competent to decide the principal case, indicating the connection between this and the principal case.
Canon 1589 §1. After having received the petition and heard the parties, the judge is to decide as promptly as possible (expeditissime) whether the proposed incidental question seems to have a foundation and a connection with the principal trial or rather must be rejected at the outset. If the judge admits the incidental question, the judge is to decide whether it is of such gravity that it must be resolved by an interlocutory sentence or by a decree.
§2. If the judge decides not to resolve the incidental question before the definitive sentence, however, the judge is to decree that the question will be considered when the principal case is decided.
Canon 1590 §1. If the incidental question must be resolved by sentence, the norms for the oral contentious process are to be observed unless the judge decides otherwise due to the gravity of the matter.
§2. If the matter must be resolved by decree, however, the tribunal can entrust the matter to an auditor or the presiding judge.
Canon 1591 Before the principal case is completed, the judge or the tribunal can revoke or reform the decree or interlocutory sentence for a just reason either at the request of a party or ex officio after the parties have been heard.
Chapter I. Parties Who Do Not Appear
Canon 1592 §1. If the cited respondent has neither appeared nor given a suitable excuse for being absent or has not responded according to the norm of can. 1507, §1, the judge, having observed what is required, is to declare the respondent absent from the trial and decree that the case is to proceed to the definitive sentence and its execution.
§2. Before issuing the decree mentioned in §1, the judge must be certain that a legitimately executed citation has reached the respondent within the useful time, even by issuing a new citation if necessary.
Canon 1593 §1. If the respondent appears at the trial later or responds before a decision in the case, the respondent can offer conclusions and proofs, without prejudice to the prescript of can. 1600; the judge, however, is to take care that the trial is not prolonged intentionally through longer and unnecessary delays.
§2. Even if the respondent did not appear or respond before a decision in the case, the respondent can use challenges against the sentence; if the respondent proves that there was a legitimate impediment for being detained and there was no personal fault in its not being made known beforehand, the respondent can use a complaint of nullity.
Canon 1594 If the petitioner has not appeared on the day and at the hour prescribed for the joinder of the issue and has not offered a suitable excuse:
1º the judge is to cite the petitioner again;
2º if the petitioner does not comply with the new citation, the petitioner is presumed to have renounced the trial according to the norm of cann. 1524–1525;
3º if the petitioner later wishes to intervene in the process, can. 1593 is to be observed.
Canon 1595 §1. A petitioner or respondent who is absent from the trial and has not given proof of a just impediment is obliged both to pay the expenses of the litigation which have accrued because of the absence and to indemnify the other party if necessary.
§2. If both the petitioner and the respondent were absent from the trial, they are obliged in solidum to pay the expenses of the litigation.
Chapter II. Third Party Intervention
Canon 1596 §1. A person who has an interest can be admitted to intervene in a case at any instance of the litigation, either as a party defending a right or in an accessory manner to help a litigant.
§2. To be admitted, the person must present a libellus to the judge before the conclusion of the case; in the libellus the person briefly is to demonstrate his or her right to intervene.
§3. A person who intervenes in a case must be admitted at that stage which the case has reached, with a brief and peremptory period of time assigned to the person to present proofs if the case has reached the probatory period.
Canon 1597 After having heard the parties, the judge must summon to the trial a third person whose intervention seems necessary.
Title VI. Publication, Conclusion and Pleadings
(Cann. 1598 - 1606)
Canon 1598 §1. After the proofs have been collected, the judge by a decree must permit the parties and their advocates, under penalty of nullity, to inspect at the tribunal chancery the acts not yet known to them; furthermore, a copy of the acts can also be given to advocates who request one. In cases pertaining to the public good to avoid a most grave danger the judge can decree that a specific act must be shown to no one; the judge is to take care, however, that the right of defense always remains intact.
§2. To complete the proofs, the parties can propose additional proofs to the judge. When these proofs have been collected, it is again an occasion for the decree mentioned in §1 if the judge thinks it necessary.
Canon 1599 §1. When everything pertaining to the production of proofs has been completed, the conclusion of the case is reached.
§2. This conclusion occurs whenever the parties declare that they have nothing else to add, the useful time prescribed by the judge to propose proofs has elapsed, or the judge declares that the case is instructed sufficiently.
§3. The judge is to issue a decree that the case has reached its conclusion, in whatever manner it has occurred.
Canon 1600 §1. After the conclusion of the case, the judge can still summon the same or other witnesses or arrange for other proofs which were not requested earlier, only:
1º in cases which concern the private good of the parties alone, if all the parties consent;
2º in other cases, after the parties have been heard and provided that there is a grave reason and any danger of fraud or subornation is eliminated;
3º in all cases whenever it is likely that the sentence will be unjust because of the reasons mentioned in can. 1645, §2, nn. 1–3 unless the new proof is allowed.
§2. The judge, moreover, can order or allow a document to be shown, which may have been unable to be shown earlier through no negligence of the interested person.
§3. New proofs are to be published according to can. 1598, §1.
Canon 1601 After the conclusion of the case, the judge is to determine a suitable period of time to present defense briefs or observations.
Canon 1602 §1. The defense briefs and the observations are to be written unless the judge, with the consent of the parties, considers a debate before a session of the tribunal to be sufficient.
§2. To print the defense briefs along with the principal documents requires the previous permission of the judge, without prejudice to the obligation of secrecy, if such exists.
§3. The regulations of the tribunal are to be observed regarding the length of the defense briefs, the number of copies, and other matters of this kind.
Canon 1603 §1. When the defense briefs and observations have been communicated to each party, either party is permitted to present responses within the brief time period established by the judge.
§2. The parties are given this right only once unless the judge decides that it must be granted a second time for a grave cause; then, however, the grant made to one party is considered as given to the other also.
§3. The promoter of justice and the defender of the bond have the right to reply a second time to the responses of the parties.
Canon 1604 §1. It is absolutely forbidden for information given to the judge by the parties, advocates, or even other persons to remain outside the acts of the case.
§2. If the discussion of the case has been done in writing, the judge can order a moderate oral debate to be held before a session of the tribunal in order to explain certain questions.
Canon 1605 A notary is to be present at the oral debate mentioned in cann. 1602, §1 and 1604, §2 so that, if the judge orders it or a party requests it and the judge consents, the notary can immediately report in writing about what was discussed and concluded.
Canon 1606 If the parties have neglected to prepare a defense brief within the time available to them or have entrusted themselves to the knowledge and conscience of the judge, and if from the acts and proofs the judge considers the matter fully examined, the judge can pronounce the sentence immediately, after having requested the observations of the promoter of justice and the defender of the bond if they are involved in the trial.
Title VII. The Pronouncements of the Judge
(1607 - 1618)
Canon 1607 When a case has been handled in a judicial manner, if it is the principal case, the judge decides it through the definitive sentence; if an incidental case, through an interlocutory sentence, without prejudice to the prescript of can. 1589, §1.
Canon 1608 §1. For the pronouncement of any sentence, the judge must have moral certitude about the matter to be decided by the sentence.
§2. The judge must derive this certitude from the acts and the proofs.
§3. The judge, however, must appraise the proofs according to the judge’s own conscience, without prejudice to the prescripts of law concerning the efficacy of certain proofs.
§4. A judge who was not able to arrive at this certitude is to pronounce that the right of the petitioner is not established and is to dismiss the respondent as absolved, unless it concerns a case which has the favor of law, in which case the judge must pronounce for that.
Canon 1609 §1. In a collegiate tribunal the president of the college is to establish the date and time when the judges are to convene for deliberation; unless a special reason suggests otherwise, the meeting is to be held at the tribunal office.
§2. On the date assigned for the meeting, the individual judges are to submit their written conclusions on the merit of the case with the reasons in law and in fact which led them to their conclusions; these conclusions are to be added to the acts of the case and must be kept secret.
§3. After the invocation of the Divine Name, the individual judges are to present their conclusions in order of precedence, always beginning, however, with the ponens or relator of the case. A discussion then follows under the leadership of the tribunal president, especially to determine what must be established in the dispositive part of the sentence.
§4. In the discussion each judge is permitted to withdraw from his or her original conclusion. The judge who is unwilling to assent to the decision of the others, however, can demand that his or her conclusions be transmitted to the higher tribunal if an appeal is made.
§5. If the judges are unwilling or unable to arrive at a sentence during the first discussion, the decision can be deferred to a new meeting, but not for more than a week, unless the instruction of the case must be completed according to the norm of can. 1600.
Canon 1610 §1. If there is only one judge, he will write the sentence himself.
§2. In a collegiate tribunal, it is for the ponens or relator to write the sentence, selecting the reasons from those the individual judges brought forth during the discussion, unless a majority of the judges have already determined the reasons to be presented. The sentence must then be submitted for the approval of the individual judges.
§3. The sentence must be issued no more than a month from the day on which the case was decided unless in a collegiate tribunal the judges set a longer period for a grave reason.
Canon 1611 The sentence must:
1º decide the controversy deliberated before the tribunal with an appropriate response given to the individual doubts;
2º determine what obligations have arisen for the parties from the trial and how they must be fulfilled;
3º set forth the reasons or motives in law and in fact on which the dispositive part of the sentence is based;
4º determine the expenses of the litigation.
Canon 1612 §1. After the invocation of the Divine Name, the sentence must express in order the judge or the tribunal, the petitioner, the respondent, and the procurator, with their names and domiciles correctly designated, and the promoter of justice and defender of the bond if they took part in the trial.
§2. Next, it must briefly relate the facts together with the conclusions of the parties and the formula of the doubts.
§3. The dispositive part of the sentence follows the above, preceded by the reasons on which it is based.
§4. It is to conclude with the indication of the date and the place where it was rendered, with the signature of the judge or, if it is a collegiate tribunal, of all the judges, and the notary.
Canon 1613 The rules proposed above for a definitive sentence are to be adapted for an interlocutory sentence.
Canon 1614 The sentence is to be published as soon as possible, with an indication of the means by which it can be challenged. It has no force before publication even if the dispositive part was made known to the parties with the permission of the judge.
Canon 1615 Publication or communication of the sentence can be done either by giving a copy of the sentence to the parties or their procurators or by sending them a copy according to the norm of can. 1509.
Canon 1616 §1. If in the text of the sentence an error in calculations turns up, a material error occurs in transcribing the dispositive section or in relating the facts or the petitions of the parties, or the requirements of can. 1612, §4 are omitted, the tribunal which rendered the sentence must correct or complete it either at the request of a party or ex officio, but always after the parties have been heard and a decree appended to the bottom of the sentence.
§2. If any party objects, the incidental question is to be decided by a decree.
Canon 1617 Other pronouncements of the judge besides the sentence are decrees, which have no force if they are not merely procedural unless they express the reasons at least in a summary fashion or refer to reasons expressed in another act.
Canon 1618 An interlocutory sentence or a decree has the force of a definitive sentence if it prevents a trial or puts an end to a trial or some grade of a trial with respect to at least some party in the case.
Title VIII. Challenge of the Sentence
(1619 - 1640)
Chapter I. Complaint of Nullity against the Sentence
Canon 1619 Without prejudice to cann. 1622 and 1623, whenever a case involves the good of private persons, the sentence itself sanates the nullities of acts established by positive law which were not declared to the judge before the sentence even though they were known to the party proposing the complaint.
Canon 1620 A sentence suffers from the defect of irremediable nullity if:
1º it was rendered by an absolutely incompetent judge;
2º it was rendered by a person who lacks the power of judging in the tribunal in which the case was decided;
3º a judge rendered a sentence coerced by force or grave fear;
4º the trial took place without the judicial petition mentioned in can. 1501 or was not instituted against some respondent;
5º it was rendered between parties, at least one of whom did not have standing in the trial;
6º someone acted in the name of another without a legitimate mandate;
7º the right of defense was denied to one or the other party;
8º it did not decide the controversy even partially.
Canon 1621 The complaint of nullity mentioned in can. 1620 can be proposed by way of exception in perpetuity and also by way of action before the judge who rendered the sentence within ten years from the date of the publication of the sentence.
Canon 1622 A sentence suffers from the defect of remediable nullity only if:
1º it was rendered by an illegitimate number of judges contrary to the prescript of can. 1425, §1;
2º it does not contain the motives or reasons for the decision;
3º it lacks the signatures prescribed by law;
4º it does not indicate the year, month, day, and place in which it was rendered;
5º it is based on a null judicial act whose nullity was not sanated according to the norm of can. 1619;
6º it was rendered against a party legitimately absent according to can. 1593, §2.
Canon 1623 A complaint of nullity in the cases mentioned in can. 1622 can be proposed within three months from the notice of the publication of the sentence.
Canon 1624 The judge who rendered the sentence deals with the complaint of nullity. If the party fears that the judge who rendered the sentence challenged by the complaint of nullity is prejudiced and therefore considers the judge suspect, the party can demand that another judge be substituted according to the norm of can. 1450.
Canon 1625 A complaint of nullity can be proposed together with an appeal within the time established for an appeal.
Canon 1626 §1. Not only the parties who consider themselves aggrieved can introduce a complaint of nullity but also the promoter of justice and the defender of the bond whenever they have the right to intervene.
§2. The judge can retract or emend ex officio a null sentence, which that judge has rendered, within the time limit for acting established by can. 1623 unless an appeal together with a complaint of nullity has been introduced in the meantime or the nullity has been sanated through the expiration of the time limit mentioned in can. 1623.
Canon 1627 Cases concerning a complaint of nullity can be treated according to the norms for the oral contentious process.
Chapter II. Appeal
Canon 1628 A party who considers himself or herself aggrieved by any sentence as well as the promoter of justice and the defender of the bond in cases which require their presence have the right to appeal the sentence to a higher judge, without prejudice to the prescript of can. 1629.
Canon 1629 There is no appeal:
1º from a sentence of the Supreme Pontiff himself or the Apostolic Signatura;
2º from a sentence tainted by a defect of nullity, unless the appeal is joined with a complaint of nullity according to the norm of can. 1625;
3º from a sentence which has become a res iudicata;
4º from a decree of a judge or from an interlocutory sentence which does not have the force of a definitive sentence, unless it is joined with an appeal from a definitive sentence;
5º from a sentence or a decree in a case where the law requires the matter to be decided as promptly as possible (expeditissime).
Canon 1630 §1. An appeal must be introduced before the judge who rendered the sentence within the peremptory period of fifteen useful days from the notice of the publication of the sentence.
§2. If an appeal is made orally, the notary is to put it in writing in the presence of the appellant.
Canon 1631 If a question arises about the right to appeal, the appellate tribunal deals with it as promptly as possible (expeditissime) according to the norms of the oral contentious process.
Canon 1632 §1. If the appeal does not indicate the tribunal to which it is directed, it is presumed to be made to the tribunal mentioned in cann. 1438 and 1439.
§2. If the other party has appealed to another appellate tribunal, the tribunal of higher grade deals with the case, without prejudice to can. 1415.
Canon 1633 An appeal must be pursued before the appellate judge within a month from its introduction unless the judge from whom appeal is made has established a longer period for a party to pursue it.
Canon 1634 §1. To pursue an appeal it is required and suffices that a party calls upon the services of a higher judge for an emendation of the challenged sentence, attaches a copy of this sentence, and indicates the reasons for the appeal.
§2. If a party cannot obtain a copy of the challenged sentence from the tribunal from which appeal is made within the useful time, the time limits do not run in the meantime; the impediment must be made known to the appellate judge who is to bind the judge from whom appeal is made by a precept to fulfill that judge’s duty as soon as possible.
§3. Meanwhile the judge from whom appeal is made must transmit the acts to the appellate judge according to the norm of can. 1474.
Canon 1635 Once the deadline for appeal has passed without action either before the judge from whom the appeal is made or before the appellate judge, the appeal is considered abandoned.
Canon 1636 §1. The appellant can renounce the appeal with the effects mentioned in can. 1525.
§2. If the defender of the bond or the promoter of justice has introduced the appeal, the defender of the bond or the promoter of justice of the appellate tribunal can renounce it, unless the law provides otherwise.
Canon 1637 §1. An appeal made by the petitioner also benefits the respondent and vice versa.
§2. If there are several respondents or petitioners and the sentence is challenged by only one or against only one of them, the challenge is considered to be made by all of them and against all of them whenever the matter sought is indivisible or a joint obligation.
§3. If one party introduces an appeal against one ground of the sentence, the other party can appeal incidentally against other grounds within the peremptory period of fifteen days from the day on which the original appeal was made known to the latter, even if the deadline for an appeal has passed.
§4. Unless it is otherwise evident, an appeal is presumed to be made against all the grounds of a sentence.
Canon 1638 An appeal suspends the execution of the sentence.
Canon 1639 §1. Without prejudice to the prescript of can. 1683, a new cause for petitioning cannot be admitted at the appellate grade, not even by way of useful accumulation; consequently, the joinder of the issue can only address whether the prior sentence is to be confirmed or revised either totally or partially.
§2. New proofs, however, are admitted only according to the norm of can. 1600.
Canon 1640 The appellate grade must proceed in the same manner as first instance with appropriate adjustments; immediately after the issue has been joined according to the norm of can. 1513, §1 and can. 1639, §1 and unless the proofs possibly must be completed, the discussion of the case is to take place and the sentence rendered.
Title IX. Res Iudicata and Restitutio in Integrum
(1641 - 1648)
Chapter I. Res iudicata
Canon 1641 Situations.
Without prejudice to the prescript of can. 1643, a res iudicata occurs: 1º if a second concordant sentence is rendered between the same parties over the same issue and on the same cause for petitioning; 2º if time for appeal lapses; 3º if appeal fails; 4º if there is no appeal, see canon. 1629.
Canon 1642 Stability of Law.
§1. A res iudicata possesses the stability of law, see canon 1645, §1. §2. It establishes the rights between the parties and permits an action for execution and prevents a new introduction of the same case.
Canon 1643 Status of persons.
Cases concerning the status of persons, including marriage nullity, never become res iudicata. Exception is interpreted strictly. Includes ordination and profession. Some say penal actions are concern status of persons.
Canon 1644 New Case
§1. If a second concordant sentence has been rendered in a case oncerning the status of persons, recourse can be made at any time to the appellate tribunal if new and grave proofs or arguments are brought forward within the peremptory time limit of thirty days from the proposed challenge. Within a month from when the new proofs and arguments are brought forward, however, the appellate tribunal must establish by decree whether a new presentation of the case must be admitted or not.
§2. Recourse to a higher tribunal in order to obtain a new presentation of the case does not suspend the execution of the sentence unless either the law provides otherwise or the appellate tribunal orders its suspension according to the norm of can. 1650, §3.
Chapter II. Restitutio in integrum
Conplete Reinstatement
Canon 1645 §1. Restitutio in integrum is granted against a sentence which has become res iudicata provided that its injustice is clearly established.
§2. Injustice, however, is not considered to be established clearly unless:
1º the sentence is based on proofs which afterwards are discovered to be false in such a way that without those proofs the dispositive part of the sentence is not sustained;
2º documents have been revealed afterwards which undoubtedly prove new facts and demand a contrary decision;
3º the sentence was rendered due to the malice of one party resulting in harm to the other party;
4º a prescript of the law which is not merely procedural was clearly neglected;
5º the sentence is contrary to a previous decision which has become res iudicata.
Canon 1646 §1. Restitutio in integrum for the reasons mentioned in can. 1645, §2, nn. 1–3 must be sought from the judge who rendered the sentence within three months computed from the day the person became aware of these same reasons.
§2. Restitutio in integrum for the reasons mentioned in can. 1645 §2, nn. 4 and 5 must be sought from the appellate tribunal within three months from the notice of the publication of the sentence; if in the case mentioned in can. 1645, §2, n. 5 notice of the previous decision occurs later, however, the time limit runs from this notice.
§3. The time limits mentioned above do not run as long as the injured person is a minor.
Canon 1647 §1. The petition for restitutio in integrum suspends the execution of a sentence if execution has not yet begun.
§2. If from probable indications there is a suspicion that a petition has been made in order to delay the execution, however, the judge can decree execution of the sentence, though with suitable guarantees to the one seeking the restitutio that there will be indemnity if the restitutio in integrum is granted.
Canon 1648 If restitutio in integrum is granted, the judge must pronounce on the merits of the case.
Title X. Judicial Expenses and Gratuitous Legal Assistance
(Canon 1649)
Canon 1649 §1. The bishop who directs the tribunal is to establish norms concerning:
1º the requirement of the parties to pay or compensate judicial expenses;
2º the fees for the procurators, advocates, experts, and interpreters and the indemnity for the witnesses;
3º the grant of gratuitous legal assistance or reduction of the expenses;
4º the recovery of damages owed by a person who not only lost the trial but also entered into the litigation rashly;
5º the deposit of money or the provision furnished for the payment of expenses and recovery of damages.
§2. There is no separate appeal from the determination of expenses, fees, and recovery of damages, but the party can make recourse within fifteen days to the same judge who can adjust the assessment.
Title XI. Execution of the Judgment
(1650 - 1655)
Canon 1650 §1. A sentence that has become a res iudicata can be executed, without prejudice to the prescript of can. 1647.
§2. The judge who rendered the sentence and, if an appeal has been proposed, also the appellate judge can order ex officio or at the request of a party a provisional execution of a sentence which has not yet become res iudicata, after having set suitable guarantees, if the case warrants, for provisions or payments ordered for necessary support; they can also do so if some other just cause urges it.
§3. If the sentence mentioned in §2 is challenged, the judge who must investigate the challenge can suspend the execution or subject it to a guarantee if the judge sees that the challenge is probably well founded and irreparable damage can arise from execution.
Canon 1651 Execution cannot occur prior to the executory decree of the judge which declares that the sentence must be executed. This decree is to be included in the text of the sentence or issued separately according to the particular nature of the cases.
Canon 1652 If the execution of a sentence requires a prior rendering of accounts, it is an incidental question which the same judge who rendered the sentence ordering the execution must decide.
Canon 1653 §1. Unless particular law establishes otherwise, the bishop of the diocese in which the sentence was rendered in the first grade must execute the sentence personally or through another.
§2. If he refuses or neglects to do this, the execution of the sentence, either at the request of an interested party or even ex officio, pertains to the authority to whom the appellate tribunal is subject according to the norm of can. 1439, §3.
§3. Among religious the execution of the sentence pertains to the superior who rendered the sentence to be executed or the superior who delegated the judge.
Canon 1654 §1. Unless the text of the sentence leaves it to the judgment of the executor, the executor must execute the sentence according to the obvious sense of the words.
§2. The executor is permitted to deal with exceptions concerning the manner and force of the execution but not concerning the merit of the case. If it is discovered from another source that the sentence is null or manifestly unjust according to the norm of cann. 1620, 1622, and 1645, the executor is to refrain from executing it and, after having informed the parties, is to refer the matter to the tribunal which rendered the sentence.
Canon 1655 §1. In real actions, whenever the petitioner is awarded something, it must be handed over to the petitioner as soon as there is a res iudicata.
§2. In personal actions, when the guilty party is condemned to furnish a movable thing, to pay money, or to give or do something else, the judge in the text of the sentence or the executor according to his or her judgment and prudence is to establish a time limit to fulfill the obligation; this time limit, however, is not to be less than fifteen days nor more than six months.
Section II. The Oral Contentious Process
(1656 - 1670)
Canon 1656 §1. All cases not excluded by law can be treated in the oral contentious process mentioned in this section unless a party requests the ordinary contentious process.
§2. If the oral process is used outside of the cases permitted in law, the judicial acts are null.
Canon 1657 The oral contentious process takes place in the first grade before a single judge according to the norm of can. 1424.
Canon 1658 §1. In addition to the things enumerated in can. 1504, the libellus which introduces the litigation must:
1º set forth briefly, completely, and clearly the facts on which the requests of the petitioner are based;
2º indicate the proofs by which the petitioner intends to demonstrate the facts but which cannot be presented at once, in such a way that the judge can collect them immediately.
§2. The documents on which the petition is based must be attached to the libellus, at least in an authentic copy.
Canon 1659 §1. If the attempt at reconciliation according to the norm of can. 1446, §2 proved useless and the judge thinks that the libellus has some foundation, the judge is to order within three days by a decree appended to the bottom of the libellus that a copy of the petition be communicated to the respondent, giving to the latter the opportunity to send a written response to the tribunal chancery within fifteen days.
§2. This notification has the effect of the judicial citation mentioned in can. 1512.
Canon 1660 If the exceptions of the respondent demand it, the judge is to establish a time limit for the petitioner to respond, in such a way that from the points brought forth by both of the parties the judge clarifies the object of the controversy.
Canon 1661 §1. When the time limits mentioned in cann. 1659 and 1660 have elapsed, the judge, after an examination of the acts, is to determine the formula of the doubt. Next, the judge is to cite all those who must take part to a hearing which must be held within thirty days; the formula of the doubt is to be attached to the citation of the parties.
§2. In the citation the parties are to be informed that they can present a brief written statement to the tribunal to verify their claims at least three days before the hearing.
Canon 1662 At the hearing the questions mentioned in cann. 1459–1464 are treated first.
Canon 1663 §1. The proofs are collected at the hearing without prejudice to the prescript of can. 1418.
§2. A party and his or her advocate can be present at the examination of the other parties, the witnesses, and the experts.
Canon 1664 The notary must put into writing the responses of the parties, the witnesses, and the experts and the petitions and exceptions of the advocates, but in a summary fashion and only in those matters pertaining to the substance of the dispute; the deponents must sign these acts.
Canon 1665 The judge can admit proofs which are not brought forth or sought in the petition or response only according to the norm of can. 1452. After even one witness has been heard, however, the judge can only decide about new proofs according to the norm of can. 1600.
Canon 1666 If all the proofs were not able to be collected during the hearing, a second hearing is to be scheduled.
Canon 1667 When the proofs have been collected, the oral discussion takes place at the same hearing.
Canon 1668 §1. Unless the discussion reveals that something must be supplied in the instruction of the case or something else turns up which prevents a proper pronouncement of the sentence, at the completion of the hearing the judge in private is to decide the case immediately; the dispositive part of the sentence is to be read at once before the parties who are present.
§2. The tribunal can defer the decision up to the fifth useful day because of the difficulty of the matter or for some other just cause.
§3. The complete text of the sentence with the reasons expressed is to be communicated to the parties as soon as possible, ordinarily in not more than fifteen days.
Canon 1669 If the appellate tribunal discovers that the oral contentious process was used at a lower grade of a trial in cases excluded by law, it is to declare the nullity of the sentence and remit the case to the tribunal which rendered the sentence.
Canon 1670 In other matters pertaining to the manner of proceeding, the prescripts of the canons for the ordinary contentious trial are to be observed. In order to expedite matters without prejudice to justice, however, the tribunal, by a decree expressing the reasons for its decision, can derogate from procedural norms which have not been established for validity.
Part III. Certain Special Processes
Title I. Marriage Processes
(1671 - 1707)
Chapter I. Cases to Declare the Nullity of Marriage
Art. 1. The Competent Forum
Canon 1671 Marriage cases of the baptized belong to the ecclesiastical judge by proper right.
Canon 1672 Cases concerning the merely civil effects of marriage belong to the civil magistrate unless particular law establishes that an ecclesiastical judge can investigate and decide these cases if they are done in an incidental or accessory manner.
Canon 1673 In cases concerning the nullity of marriage which are not reserved to the Apostolic See, the following are competent:
1º the tribunal of the place in which the marriage was celebrated;
2º the tribunal of the place in which the respondent has a domicile or quasi-domicile;
3º the tribunal of the place in which the petitioner has a domicile, provided that both parties live in the territory of the same conference of bishops and the JV of the domicile of the respondent gives consent after he has heard the respondent;
4º the tribunal of the place in which in fact most of the proofs must be collected, provided that consent is given by the JV of the domicile of the respondent, who is first to ask if the respondent has any exception to make.
Art. 2. The Right to Challenge a Marriage
Canon 1674 The following are qualified to challenge a marriage:
1º the spouses;
2º the promoter of justice when nullity has already become public, if the convalidation of the marriage is not possible or expedient.
Canon 1675 §1. A marriage which was not accused while both spouses were living cannot be accused after the death of either one or both of the spouses unless the question of validity is prejudicial to the resolution of another controversy either in the canonical forum or in the civil forum.
§2. If a spouse dies while the case is pending, however, can. 1518 is to be observed.
Art. 3. The Duty of the Judges
Canon 1676 Before accepting a case and whenever there is hope of a favorable outcome, a judge is to use pastoral means to induce the spouses if possible to convalidate the marriage and restore conjugal living.
Canon 1677 §1. When the libellus has been accepted, the presiding judge or the ponens is to proceed to the communication of the decree of citation according to the norm of can. 1508.
§2. When fifteen days have passed from the communication and unless either party has requested a session for the joinder of the issue, the presiding judge or the ponens is to establish the formula of the doubt or doubts within ten days by ex officio decree and is to notify the parties.
§3. The formula of the doubt not only is to ask whether the nullity of the marriage is established in the case but also must determine on what ground or grounds the validity of the marriage is to be challenged.
§4. Ten days after the communication of the decree, the presiding judge or the ponens is to arrange for the instruction of the case by a new decree if the parties have lodged no objection.
Art. 4. Proofs
Canon 1678 §1. The defender of the bond, the legal representatives of the parties, and also the promoter of justice, if involved in the trial, have the following rights:
1º to be present at the examination of the parties, the witnesses, and the experts, without prejudice to the prescript of can. 1559;
2º to inspect the judicial acts, even those not yet published, and to review the documents presented by the parties.
§2. The parties cannot be present at the examination mentioned in §1, n. 1.
Canon 1679 Unless there are full proofs from elsewhere, in order to evaluate the depositions of the parties according to the norm of can. 1536, the judge, if possible, is to use witnesses to the credibility of those parties in addition to other indications and supporting factors.
Canon 1680 In cases of impotence or defect of consent because of mental illness, the judge is to use the services of one or more experts unless it is clear from the circumstances that it would be useless to do so; in other cases the prescript of can. 1574 is to be observed.
Art. 5. The Sentence and the Appeal
Canon 1681 Whenever, during the instruction of a case, a very probable doubt emerges that consummation of the marriage did not occur, after suspending the case of nullity with the consent of the parties, the tribunal can complete the instruction for a dispensation super rato and then transmit the acts to the Apostolic See together with a petition for a dispensation from either one or both of the spouses and the votum of the tribunal and the bishop.
Canon 1682 §1. The sentence which first declared the nullity of the marriage is to be transmitted ex officio to the appellate tribunal within twenty days from the publication of the sentence, together with the appeals, if there are any, and the other acts of the trial.
§2. If a sentence in favor of the nullity of a marriage was given in the first grade of a trial, the appellate tribunal is either to confirm the decision at once by decree or to admit the case to an ordinary examination in a new grade, after having weighed carefully the observations of the defender of the bond and those of the parties if there are any.
Canon 1683 If a new ground of nullity of the marriage is alleged at the appellate grade, the tribunal can admit it and judge it as if in first instance.
Canon 1684 §1. After the sentence which first declared the nullity of the marriage has been confirmed at the appellate grade either by a decree or by a second sentence, the persons whose marriage has been declared null can contract a new marriage as soon as the decree or second sentence has been communicated to them unless a prohibition attached to the sentence or decree or established by the local ordinary has forbidden this.
§2. The prescripts of can. 1644 must be observed even if the sentence which declared the nullity of the marriage was confirmed not by a second sentence but by a decree.
Canon 1685 As soon as the sentence is executed, the JV must notify the local ordinary of the place in which the marriage was celebrated. The local ordinary must take care that the declaration of the nullity of the marriage and any possible prohibitions are noted as soon as possible in the marriage and baptismal registers.
Art. 6. The Documentary Process
Canon 1686 After receiving a petition proposed according to the norm of can. 1677, the JV or a judge designated by him can declare the nullity of a marriage by sentence if a document subject to no contradiction or exception clearly establishes the existence of a diriment impediment or a defect of legitimate form, provided that it is equally certain that no dispensation was given, or establishes the lack of a valid mandate of a proxy. In these cases, the formalities of the ordinary process are omitted except for the citation of the parties and the intervention of the defender of the bond.
Canon 1687 §1. If the defender of the bond prudently thinks that either the flaws mentioned in can. 1686 or the lack of a dispensation are not certain, the defender of the bond must appeal against the declaration of nullity to the judge of second instance; the acts must be sent to the appellate judge who must be advised in writing that a documentary process is involved.
§2. The party who considers himself or herself aggrieved retains the right of appeal.
Canon 1688 The judge of second instance, with the intervention of the defender of the bond and after having heard the parties, will decide in the same manner as that mentioned in can. 1686 whether the sentence must be confirmed or whether the case must rather proceed according to the ordinary method of law; in the latter event the judge remands the case to the tribunal of first instance.
Art. 7. General Norms
Canon 1689 In the sentence the parties are to be reminded of the moral and even civil obligations which may bind them both toward one another and toward their children to furnish support and education.
Canon 1690 Cases for the declaration of the nullity of a marriage cannot be treated in an oral contentious process.
Canon 1691 In other procedural matters, the canons on trials in general and on the ordinary contentious trial must be applied unless the nature of the matter precludes it; the special norms for cases concerning the status of persons and cases pertaining to the public good are to be observed.
Chapter II. Separation of Spouses
Canon 1692 §1. Unless other provision is legitimately made in particular places, a decree of the diocesan bishop or a judicial sentence can decide the personal separation of baptized spouses according to the norm of the following canons.
§2. Where an ecclesiastical decision has no civil effects or if a civil sentence is not contrary to divine law, the bishop of the diocese of the residence of the spouses, after having weighed the special circumstances, can grant permission to approach the civil forum.
§3. If a case concerns only the merely civil effects of marriage, the judge, after having observed the prescript of §2, is to try to defer the case to the civil forum from the start.
Canon 1693 §1. Unless a party or the promoter of justice requests the ordinary contentious process, the oral contentious process is to be used.
§2. If the ordinary contentious process has been used and an appeal is proposed, the tribunal of second grade, observing what is required, is to proceed according to the norm of can. 1682, §2.
Canon 1694 The prescripts of can. 1673 are to be observed in what pertains to the competence of the tribunal.
Canon 1695 Before accepting the case and whenever there is hope of a favorable outcome, the judge is to use pastoral means to reconcile the spouses and persuade them to restore conjugal living.
Canon 1696 Cases concerning the separation of spouses also pertain to the public good; therefore the promoter of justice must always take part in them according to the norm of can. 1433.
Chapter III. Ratum et Non Consummatum
Canon 1697 Only the spouses, or one of them even if the other is unwilling, have the right to petition for the favor of a dispensation from a marriage ratum et non consummatum.
Canon 1698 §1. Only the Apostolic See adjudicates the fact of the non-consummation of a marriage and the existence of a just cause to grant a dispensation.
§2. Only the Roman Pontiff, however, grants the dispensation.
Canon 1699 §1. The person competent to accept a libellus seeking a dispensation is the diocesan bishop of the domicile or quasi-domicile of the petitioner, who must arrange for the instruction of the process if the petition is well founded.
§2. If the proposed case has special difficulties of the juridical or moral order, however, the diocesan bishop is to consult the Apostolic See.
§3. Recourse to the Apostolic See is available against a decree by which a bishop rejects a libellus.
Canon 1700 §1. Without prejudice to the prescript of can. 1681, the bishop is to entrust the instruction of these processes either in a stable manner or in individual cases to his tribunal, that of another diocese, or a suitable priest.
§2. If a judicial petition to declare the nullity of the same marriage has been introduced, however, the instruction is to be entrusted to the same tribunal.
Canon 1701 §1. The defender of the bond must always intervene in these processes.
§2. A legal representative is not admitted, but because of the difficulty of a case, a bishop can permit the petitioner or the respondent to have the assistance of a legal expert.
Canon 1702 In the instruction each spouse is to be heard, and the canons on the collection of proofs in the ordinary contentious trial and in cases of the nullity of marriage are to be observed insofar as possible, provided that they can be reconciled with the character of these processes.
Canon 1703 §1. There is no publication of the acts. If the judge perceives that the proofs brought forward seriously hinder the request of the petitioner or the exception of the respondent, however, he is prudently to inform the interested party.
§2. The judge can show a document introduced or a testimony received to a party who requests it and set a time to present observations.
Canon 1704 §1. When the instruction has been completed, the instructor is to give all the acts along with a suitable report to the bishop, who is to prepare a votum on the veracity of the fact of the non-consummation, the just cause for the dispensation, and the suitability of the favor.
§2. If the instruction of the process has been entrusted to another tribunal according to the norm of can. 1700, the observations in favor of the bond are to be made in the same forum; the votum mentioned in §1, however, pertains to the entrusting bishop, to whom the instructor is to hand over a suitable report together with the acts.
Canon 1705 §1. The bishop is to transmit to the Apostolic See all the acts together with his votum and the observations of the defender of the bond.
§2. If supplemental instruction is required in the judgment of the Apostolic See, this requirement will be communicated to the bishop with an indication of the points on which the instruction must be completed.
§3. If the Apostolic See replies that non-consummation has not been established from the materials presented, then the legal expert mentioned in can. 1701, §2 can inspect the acts of the process, though not the votum of the bishop, at the tribunal to consider whether any grave reason can be brought forth in order to resubmit the petition.
Canon 1706 The Apostolic See transmits the rescript of the dispensation to the bishop who will notify the parties about the rescript and also as soon as possible will order the pastor both of the place where the marriage was contracted and of the place of baptism to note the granting of the dispensation in the marriage and baptismal registers.
Chapter IV. Presumed Death of a Spouse
Canon 1707 §1. Whenever the death of a spouse cannot be proven by an authentic ecclesiastical or civil document, the other spouse is not considered free from the bond of marriage until after the diocesan bishop has issued a declaration of presumed death.
§2. The diocesan bishop is able to issue the declaration mentioned in §1 only if, after having carried out appropriate investigations, he attains moral certitude of the death of the spouse from the depositions of witnesses, from rumor, or from evidence. The absence of a spouse alone, even for a long time, is not sufficient.
§3. The bishop is to consult the Apostolic See in uncertain and complicated cases.
Title II. Nullity of Sacred Ordination
(1708 - 1712)
Canon 1708 The cleric himself, the ordinary to whom the cleric is subject, or the ordinary in whose diocese the cleric was ordained has the right to challenge the validity of sacred ordination.
Canon 1709 §1. The libellus must be sent to the competent congregation which will decide whether the congregation of the Roman Curia itself or a tribunal designated by it must handle the case.
§2. Once the libellus has been sent, the cleric is forbidden to exercise orders by the law itself.
Canon 1710 If the congregation refers the case to a tribunal, the canons on trials in general and on the ordinary contentious trial are to be observed unless the nature of the matter precludes it and without prejudice to the prescripts of this title.
Canon 1711 Defender of the Bond
Canon 1712 Two Conforming Sentences. Loss of all rights proper to the clerical state and is freed from all obligations.
Title III. Methods of Avoiding Trials
(1713 - 1716)
Canon 1713 In order to avoid judicial contentions an agreement or reconciliation is employed usefully, or the controversy can be committed to the judgment of one or more arbitrators.
Canon 1714 For an agreement, a compromise, and an arbitrated judgment, the norms selected by the parties or, if the parties have selected none, the law laid down by the conference of bishops, if there is such a law, or the civil law in force in the place where the agreement is entered into is to be observed.
Canon 1715 §1. An agreement or compromise cannot be made validly concerning matters which pertain to the public good and other matters about which the parties cannot make disposition freely.
§2. For temporal ecclesiastical goods, the formalities established by law for the alienation of ecclesiastical goods are to be observed whenever the matter demands it.
Canon 1716 §1. If the civil law does not recognize the force of an arbitrated sentence unless a judge confirms it, an arbitrated sentence in an ecclesiastical controversy, in order to have force in the canonical forum, needs the confirmation of an ecclesiastical judge of the place where it was rendered.
§2. If civil law permits the challenge of an arbitrated judgment before a civil judge, however, the same challenge can be proposed in the canonical forum before an ecclesiastical judge competent to judge the controversy in the first grade.
Part IV. Penal Process
(1717 - 1731)
Chapter I. The Preliminary Investigation
Canon 1717 §1. Whenever an ordinary has knowledge, which at least seems true, of a delict, he is carefully to inquire personally or through another suitable person about the facts, circumstances, and imputability, unless such an inquiry seems entirely superfluous.
§2. Care must be taken so that the good name of anyone is not endangered from this investigation.
§3. The person who conducts the investigation has the same powers and obligations as an auditor in the process; the same person cannot act as a judge in the matter if a judicial process is initiated later.
Canon 1718 §1. When it seems that sufficient evidence has been collected, the ordinary is to decide:
1º whether a process to inflict or declare a penalty can be initiated;
2º whether, attentive to can. 1341, this is expedient;
3º whether a judicial process must be used or, unless the law forbids it, whether the matter must proceed by way of extrajudicial decree.
§2. The ordinary is to revoke or change the decree mentioned in §1 whenever new evidence indicates to him that another decision is necessary.
§3. In issuing the decrees mentioned in §§1 and 2, the ordinary is to hear two judges or other experts of the law if he considers it prudent.
§4. Before he makes a decision according to the norm of §1 and in order to avoid useless trials, the ordinary is to examine carefully whether it is expedient for him or the investigator, with the consent of the parties, to resolve equitably the question of damages.
Canon 1719 The acts of the investigation, the decrees of the ordinary which initiated and concluded the investigation, and everything which preceded the investigation are to be kept in the secret archive of the curia if they are not necessary for the penal process.
Chapter II. The Development of the Process
Canon 1720 If the ordinary thinks that the matter must proceed by way of extrajudicial decree:
1º he is to inform the accused of the accusation and the proofs, giving an opportunity for self-defense, unless the accused neglected to appear after being properly summoned;
2º he is to weigh carefully all the proofs and arguments with two assessors;
3º if the delict is certainly established and a criminal action is not extinguished, he is to issue a decree according to the norm of cann. 1342–1350, setting forth the reasons in law and in fact at least briefly.
Canon 1721 §1. If the ordinary has decreed that a judicial penal process must be initiated, he is to hand over the acts of the investigation to the promoter of justice who is to present a libellus of accusation to the judge according to the norm of cann. 1502 and 1504.
§2. The promoter of justice appointed to the higher tribunal acts as the petitioner before that tribunal.
Canon 1722 To prevent scandals, to protect the freedom of witnesses, and to guard the course of justice, the ordinary, after having heard the promoter of justice and cited the accused, at any stage of the process can exclude the accused from the sacred ministry or from some office and ecclesiastical function, can impose or forbid residence in some place or territory, or even can prohibit public participation in the Most Holy Eucharist. Once the cause ceases, all these measures must be revoked; they also end by the law itself when the penal process ceases.
Canon 1723 §1. The judge who cites the accused must invite the accused to appoint an advocate according to the norm of can. 1481, §1 within the time limit set by the judge.
§2. If the accused does not make provision, the judge is to appoint an advocate before the joinder of the issue; this advocate will remain in this function as long as the accused does not appoint an advocate personally.
Canon 1724 §1. At any grade of the trial the promoter of justice can renounce the trial at the command of or with the consent of the ordinary whose deliberation initiated the process.
§2. For validity the accused must accept the renunciation unless the accused was declared absent from the trial.
Canon 1725 In the discussion of the case, whether done in written or oral form, the accused, either personally or through the advocate or procurator, always has the right to write or speak last.
Canon 1726 If at any grade and stage of the penal trial it is evidently established that the accused did not commit the delict, the judge must declare this in a sentence and absolve the accused even if it is also established that criminal action has been extinguished.
Canon 1727 §1. The accused can propose an appeal even if the sentence dismissed the accused only because the penalty was facultative or because the judge used the power mentioned in cann. 1344 and 1345.
§2. The promoter of justice can appeal whenever the promoter judges that the repair of scandal or the restoration of justice has not been provided for sufficiently.
Canon 1728 §1. Without prejudice to the prescripts of the canons of this title and unless the nature of the matter precludes it, the canons on trials in general and on the ordinary contentious trial must be applied in a penal trial; the special norms for cases which pertain to the public good are also to be observed.
§2. The accused is not bound to confess the delict nor can an oath be administered to the accused.
Chapter III. Action to Repair Damages
Canon 1729 §1. In the penal trial itself an injured party can bring a contentious action to repair damages incurred personally from the delict, according to the norm of can. 1596.
§2. The intervention of the injured party mentioned in §1 is not admitted later if it was not made in the first grade of the penal trial.
§3. The appeal in a case for damages is made according to the norm of cann. 1628–1640 even if an appeal cannot be made in the penal trial; if both appeals are proposed, although by different parties, there is to be a single appellate trial, without prejudice to the prescript of can. 1730.
Canon 1730 §1. To avoid excessive delays in the penal trial the judge can defer the judgment for damages until he has rendered the definitive sentence in the penal trial.
§2. After rendering the sentence in the penal trial, the judge who does this must adjudicate for damages even if the penal trial still is pending because of a proposed challenge or the accused has been absolved for a cause which does not remove the obligation to repair damages.
Canon 1731 Even if the sentence rendered in a penal trial has become a res iudicata, it in no way establishes the right of the injured party unless this party has intervened according to the norm of can. 1729.
Part V. Administrative Recourse and Removal of Pastors
Section I. Recourse Against Administrative Decrees
Canon 1732 These provisions must be applied to all singular administrative acts which are given in the external forum outside a trial excepting those which have been issued by the Roman Pontiff or an ecumenical council. No administrative tribunals @ level of Ep. Conf. dropped in JPII final revision: they are practical, but theologically a problem with critiquing authorities with so called divine authority.
Canon 1733 FIRST STEP: §1. Whenever a person considers himself or herself aggrieved by a decree, it is particularly desirable that the person and the author of the decree avoid any contention and take care to seek an equitable solution by common counsel, possibly using the mediation and effort of wise persons to avoid or settle the controversy in a suitable way. §2. Ep. Conf. can mandate all diocese to have a mediatory council, or bishop can do it on his own. Ep. Conf can't prohibit it. §3. The office or council to assist before time for recourse is elapsed. The superior dealing with recourse should also encourage parties to agree. Don't have to do it: c. 18 have to strictly interpret limiting laws.
Canon 1734 SECOND STEP: §1. Before proposing recourse a person must seek the revocation or emendation of the decree in writing from its author. Recourse suspends the effect. §2. Within 10 days. §3. The norms of §§1 and 2 are not valid: 1º for recourse proposed to a bishop against decrees issued by authorities subject to him; 2º for recourse proposed against a decree which decides a hierarchical recourse unless the bishop gave the decision; 3º for recourse proposed according to the norm of cann. 57 and 1735.
Canon 1735 If the author issues a new decree in 30 days the time limit for recourse runs from the new decree, otherwise from the 30 days.
Canon 1736 Suspension §1. If recourse is suspensive, the petition mentioned in can. 1734 also has the same effect. §2. If not already suspended, hierarchical superior can suspend for a grave cause, with regard to salvation of souls. §3. If not already suspended, the hierarchical superior can suspend. §4. With no recourse, interim suspension of the execution ceases.
Canon 1737 §1. The agrieved can have recourse to the hierarchical superior. It can be proposed to the author of the decree who transmits it to the competent hierarchical superior. §2. Witin 15 days; in other cases, they run according to the norm of can. 1735. §3. If not already suspended, the hierarchical superior can suspend for a grave cause, with regard to salvation of souls.
Canon 1738 Right to an advocate or procurator, but without useless delays, or a representative can be appointed.
Canon 1739 The superior receiving recourse can confirm, invalidate, emend, replace, or modify it.
THIRD STEP: Beyond this it goes to Signatura, see c. 1454.2 which judges correctness of procedure or legality of act. Daneels: In this case, the author might just go back and do the case again with the correct procedure. However, sometimes the hierarchical recourse person acts defacto as a tribunal, not an administative review. Signatura might not know well the circumstances. There is no norm on the language of the recourse, but they accept what they can understand, but this causes inequality, clarity and cost. Practice outside the law in process: if the dossier lacks serious legal foundation, they reject in liminae - is the compatible with justice? Extension of time limits would have more of a sense of justice. Dicasteries can accept time barred cases, but that can be appealed as well. 10 days, 15 days, 30 days, is too short. The right of an advocate: both to have one, and to choose them yourself. Language can limit this as well. Suspension isn't always possible. Is signatura accusatorial (only dealing with what is presented) or inquisitorial (dealing with issues sua sponte)? Daneels says accusatorial regarding process, inquisitive for substance. Hard for Signatura to assess damages if required. Most common cases: 1. Transfer or removal of Pastor, Members of Religious Institutes, Closure of parishes and churches. These are all decrees.
Section II. Removal or Transfer of Pastors
(1740 - 1752)
Chapter I. Removal of Pastors
Canon 1740 When the ministry of any pastor becomes harmful or at least ineffective for any cause, even through no grave personal negligence, the diocesan bishop can remove him from the parish.
Canon 1741 Causes Causes for removal of a pastor are especially: 1º actions bringing grave detriment or disturbance to ecclesiastical communion; 2º ineptitude or a permanent infirmity of mind or body which incapacitate; 3º loss of a good reputation among upright and responsible parishioners; 4º grave neglect or violation of parochial duties which persists after a warning; 5º poor administration of temporal affairs with grave damage. (c.18 limiting laws interpreted strictly. List here is exemplary, not exhaustive.)
Canon 1742 §1. If one of the causes mentioned in can. 1740 is established, the bishop is to discuss the matter with two pastors as established. He should persuade priest to resign in 15 days, after explaining cause of removal. §2. See can. 682, §2 for religious priests.
Canon 1743 A pastor can submit a resignation also conditionally, provided that the bishop can and does accept it.
Canon 1744 §1. If the pastor has not responded within the prescribed days, the bishop is to repeat the invitation and extend the useful time to respond.
§2. If the bishop establishes that the pastor received the second invitation but did not respond even though not prevented by any impediment, or if the pastor refuses to resign without giving any reasons, the bishop is to issue a decree of removal.
Canon 1745 If the pastor opposes the cause given and its reasons and alleges reasons which seem insufficient to the bishop, the bishop, in order to act validly, is:
1º to invite the pastor to organize his objections in a written report after he has inspected the acts, and offer any proofs he has to the contrary;
2º when any necessary instruction is completed, to consider the matter together with the same pastors mentioned in can. 1742, §1, unless others must be designated because those pastors are unavailable;
3º finally, to establish whether the pastor must be removed or not and promptly to issue a decree on the matter.
Canon 1746 After the pastor has been removed, the bishop is to make provision either for an assignment to some other office, if he is suitable for this, or for a pension as the case warrants and circumstances permit.
Canon 1747 §1. The removed pastor must refrain from exercising the function of pastor, vacate the rectory as soon as possible, and hand over everything belonging to the parish to the person to whom the bishop has entrusted the parish.
§2. If, however, the man is sick and cannot be transferred elsewhere from the rectory without inconvenience, the bishop is to leave him the use, even exclusive use, of the rectory while this necessity lasts.
§3. While recourse against a decree of removal is pending, the bishop cannot appoint a new pastor, but is to provide a parochial administrator in the meantime.
Chapter II. Transfer of Pastors
Canon 1748 If the good of souls or the necessity or advantage of the Church demands that a pastor be transferred from a parish which he is governing usefully to another parish or another office, the bishop is to propose the transfer to him in writing and persuade him to consent to it out of love of God and souls.
Canon 1749 If the pastor does not intend to submit to the counsel and persuasions of the bishop, he is to explain the reasons in writing.
Canon 1750 Notwithstanding the reasons alleged, if the bishop decides not to withdraw from his proposal, he is to consider the reasons which favor or oppose the transfer with two pastors selected according to the norm of can. 1742, §1. If he then decides to implement the transfer, however, he is to repeat the paternal exhortations to the pastor.
Canon 1751 §1. When this has been done, if the pastor still refuses and the bishop thinks that the transfer must be made, he is to issue a decree of transfer, establishing that the parish will be vacant after the lapse of a set time.
§2. If this period of time has passed without action, he is to declare the parish vacant.
Canon 1752 In cases of transfer the prescripts of can. 1747 are to be applied, canonical equity is to be observed, and the salvation of souls, which must always be the supreme law in the Church, is to be kept before one’s eyes.