Book Two
People of God
Part I: Christ's Faithful
Canon 204 Power of Baptism Christ's faithful incorporated into Christ through baptism, constituted the people of God, participate in their own way in the priestly, prophetic and kingly office of Christ. I.e. Universal call to mission founded on Baptism.
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.
From LG 9-10
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 parishioner. This is a religious area of conscience. Leaving by formal act - you have to be first a heretic, apostate or schismatic. And in fact you remain a member but not in communion.
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. One can offend regendi and docendi at the same time, e.g. when you speak against the teaching of the pope.
Canon 206 Catechumens “Catechumens are linked with the Church in a special way since_… the Church has a special care for catechumens.” Neither the canon or its source gives enlightenment on extra prerogatives for catechumens. 1183, funeral, 1170 blessing. Legally unbaptized, but they get some benefits of the community.
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).
Title I: Obligations and Rights of Christ's Faithful
(Cann. 208 - 223) English Latin
Lex Ecclesiae Fundamentalis originally seen 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.
Ordering of the section 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.
Development 1917 Code had more emphasis on rights of clergy & bishops over the faithful.
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. 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 rights of the 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, for example, 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 particular 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 Communion §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 Holiness Obligation 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 pastors as teachers of faith and rulers of the Church. §2 Make known needs and wishes. §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 and Sacraments 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 communion 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 assemble. Many possible objectives for associations.
E.g. In the Netherlands an association of critical Catholics on John Paul's visit in 1985. Called a coalition - 110 very diverse groups represented. They had professional collaborators. VP of coalition 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 coalition. 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 Right to promote and support apostolic action. Sometimes this is recognized, sometimes not. It can be a challenge if lay action is supported by one pastor or bishop, and discouraged by the successor.
Canon 217 Christian Education Right to christian education and knowing the gospel.
Canon 218 Theological Investigation Right to investigation and expression, observing magisterium. Fostered as long as there is no contradiction. It can be a challenge when theological investigation challenges pastors. There is more control over clerics and religious. Theology should be more than just explaining what the magisterium says. All the theological disciplines are covered canon law, bible, theology, and ethics.
Canon 219 Freedom from Coercion in Vocation Right to pursue vocation
Canon 220 Privacy intimitas is protected. The term privacy doesn't exist in Latin. What are the limits of the rights of privacy. Privacy of candidate for priesthood or religious life is not as large. There is respect in canon law for the “internal forum” even in imposing penalties.
Canon 221 Due Process Right to apply to any forum - not just tribunals. But can't appeal against the pope. Independence is never really achieved. Impartiality is another issue. Canon 331 and 381 provide that all power rests in one person. This inscribes the church in the logic of due process. Access to the process does not guarantee fundamental fairness.
The right not to be punished without law. Nullum crimen, nulla poena. However 1399 allows punishment without law. Canon 18 = 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. The principle of legality is not so much supported in the code, as in secular legal systems.
Canon 222 Provide for Church Obligation to support the church. If the church has money, or the state provides, that is okay, but the faithful are ultimately responsible. Conditions can be placed on the donations, and canonically these have to be respected.
Canon 223 Common Good The rights are not unlimited, circumscribed by: common good, rights of others, duties to others, ecclesiastical authority.
The collective element is more present in the Church than in the state. The collective rights however are not present. E.g. Parish Rights 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
(Cann. 224 - 231) English Latin
Canon 224 Lay faithful have additional rights.
Canon 225 Lay Apostolate §1 Lay people are commissioned 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 children. See also cc. 744.2 (catechesis), 793, 796, 798(catholic schools), 1366 (penalty).
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. All people can baptize, lay people confer marriage on each other (duly appointed, for validity).
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. Deacons can't do much more: homily and read gospel.
Authentic Interpretation: Female acolytes allowed.
Canon 231 Formation and Remuneration §1 Lay people with offices have duty to acquire formation, and act conscientiously, earnestly and diligently fulfill 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.
Title III: Sacred Ministers or Clerics
Chapter I: Formation of Clerics
English Latin(Cann. 232 - 264)
Canon 232 Right to Train Church has right to train ministers. It is less flexible when it's here in the code, rather than lesser document. There is a Plan for seminary formation and also each bishop's conference further specifies.
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 formation 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. One canon only on Deacons, nothing on Bishops.
Chapter II: Enrollment or Incardination
English Latin (Canons 265 - 293)
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 All incardinated 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 Obligation of respect and obedience to the Pope and their bishop (ordinary)
Canon 274 Cleric > Power §1 Orders afford the power of ecclesiastical governance. §2 Clerics to do job bishop gives them.
Canon 275 Unity §1 Clerics to be 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 associations 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 live 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 vacation 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 Commerce 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) English Latin
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 transitioning sponsorship by religious communities. 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.
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 nomine ecclesiae 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. Moderatur = guidance
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.
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 authorithy can approve changes.
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.
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.
Part II: Hierarchical Constitution of the Church
Section I: Supreme Authority of the Church.
(Cann. 330 - 367)
Chapter I: Roman Pontiff and College of Bishops
English Latin Maximus is a pagan title of Caesars. Roman Pontiff is the pope.
Article 1: Roman Pontiff. English Latin
Canon 330 One College Just as, by the decree of the Lord, Saint Peter and the rest of the Apostles form one College, so for a like reason the Roman Pontiff, the successor of Peter, and the Bishops, the successors of the Apostles, are united together in one.
Canon 331 Head of College Head of the College of Bishops, the Vicar of Christ, and the Pastor of the universal Church here on earth. …Has supreme, full, immediate and universal ordinary power in the Church.
Canon 332 Election & Resignation From the moment he accepts election to the supreme pontificate. …He is immediately to be ordained Bishop. Resignation must be free and made manifest, need not be accepted.
Canon 333 No Recourse There is neither appeal no recourse against a judgment or a decree of the Roman Pontiff.
Canon 334 Assistance Bishops and Cardinals assist in governance.
Canon 335 Impeded 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.
Article 2: College of Bishops.
Canon 336 Head and Members The head is the Supreme Pontiff, and its members are the Bishops in communion with the head and each other.
Canon 337 Ecumenical Council §1 The College of Bishops exercises its power over the universal Church in solemn form in an Ecumenical Council. 2. and in their individual dioceses spread throughout the world. 21 councils in the history of the Church.
Canon 338 Calling a Council §1 It is the prerogative of the Roman Pontiff alone to summon an Ecumenical Council.
Canon 339 Attending a Council §1 All Bishops, have the right and the obligation to be present at an Ecumenical Council. §2 Some others besides, can be summoned to an Ecumenical Council, to whom it belongs to determine what part they take in the Council.
Canon 340 Suspended Council Suspended if Apostolic See becomes vacant.
Chapter II: Synod of Bishops.
Canon 342 Synod The synod of Bishops is a group of Bishops selected from different parts of the world, who meet together at specified times to promote the close relationship between the Roman Pontiff and the Bishops…. defense and development of faith and morals, ecclesiastical discipline, mission of the Church in the world. Doesn't issue decrees. Most synods since VCII have had about 300 bishops gathered every 3 years for 3-4 weeks, after broader preparatory consultation, and with a document from the Holy Father coming in response. They have been advisory in capacity.
Chapter III: Cardinals of the Holy Roman Church.
Canon 349 The Cardinals of the Holy Roman Church constitute a special College, whose prerogative it is to elect the Roman Pontiff in accordance with the norms of a special law…. questions of major importance, daily care of the universal Church. Meet rarely in consistory, and in conclave to elect a pope. On papal elections and government between popes.
Chapter IV: Roman Curia.
Canon 360 The Supreme Pontiff usually conducts the business of the universal Church through the Roman Curia.
Canon 361 In this Code the terms Apostolic See or Holy See mean not only the Roman Pontiff, but also, unless the contrary is clear from the nature of things or from the context, the Secretariat of State, the Council for the public affairs of the Church, and the other Institutes of the Roman Curia. Curia Website They are executive offices and may issues instructions, declarations, directories and responses.
The Roman Curia has been variously organized over the centuries. The document governing the current organization of the Curia, which has been amended, is Pastor Bonus 1988.
Chapter V: Papal Legates.
Canon 363 Legates §1 To Legates of the Roman Pontiff is entrusted the office of representing in a stable manner the person of the Roman Pontiff in the particular Churches, or also in the States and public Authorities, to whom they are sent. Nuncio or delegate for information, assistance, communication.
Section II: Particular Churches and Their Groupings.
Title I: Particular Churches and the Authority
(Cann. 368 - 430)
Chapter I: Particular Churches.
English Latin 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.
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.
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 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 3) 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, 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 (May become a diocese) 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. 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, 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
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. 180 Latin diocese in US, 425 bishops.
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 a good Christian 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 5 years at least; 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
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. 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.
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 guide 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.
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.
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:
Go on without condition
Accepts resignation taking effect when your successor takes possession.
Accepts but gives a new appointment as diocesan administrator.
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
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.
Canon 429 Residence. Administrator must reside in the diocese, and say the mass for the people.
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.
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.
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. (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.
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.
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. In the ancient church, particular councils were more important. Today's church is more administrative in governance, and more centralized.
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.
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.
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 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.
VCII 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
There were very great bishops in the 1st christian 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.
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. US Bishops Complementary Norms
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.
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.
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.)
Canon 453 Annual Meeting. The Conference is to meet at least once a year. Plenary meeting: in small conferences it could be every month, but most of the conferences meet twice a year - generally a spring and fall meeting - but for several days each time. 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.
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
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.
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.
Canon 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
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.
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; 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.
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.
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
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:
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
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 Chaplains
Article 1: Rectors of Churches
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
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).