Canon Law

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Book III: Teaching Office

* 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 official doctrine. Official 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 communication 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 responsibility of the hierarchs and the accent is too much on clerics; but it is the responsibility of the ecclesiae. 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 magis - people who have more, Magister - teacher, one who knows more. Ministerium - minor - lesser, the one following. These became the technical terms for the leader 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.

Canons 747 - 755 English Latin

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. Guard, penetrate, proclaim and expound.
  • 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 3. 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

English Latin

Canon 756 Munus Docendi

  • 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 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.
  • 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.

  • 1969 Ordo Exsequiarum 22, 40 seemingly indicates that a lay presider can preach at a funeral
  • 1973 Rite of Baptism for Children provides for lay preaching by a catechist, it is the bishop who makes the final determination as to how this act of preaching is fulfilled.
  • 1973 Directory for Masses with Children - #24 “With the consent of the pastor or rector of the church, one of the adults may speak to the children after the gospel, especially if the priest finds it difficult to adapt himself to the mentality of the children.”

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. Preaching is public speaking in a liturgical context, mission talks, presentation of ministries. USCCB Norms

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) English Latin

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 - 821) English Latin 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 Right and Duty §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 attend 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) English Latin

Canon 796 §1 Schools Important. §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 1) under the guidance of the competent ecclesiastical authority or 2) of a public ecclesiastical juridical person, or 3) one which in a written document is acknowledged as catholic by the ecclesiastical authority. Sometimes they start under church or religious community. Increasing lay involvement as teachers, administrators and governance. 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.

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 Education should be outstanding. In 2007, there were in the US more than 250,000 catholic schools 42M pupils.

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.

§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) English Latin

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 - 833) English Latin

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.

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.

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.


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 Labor Office

Article 36 Competence.


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.

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