THE NEW CANON LAW
A Commentary and Summary of the New Code of Canon Law
By Rev. STANISLAUS WOYWOD, O.F.M.
With a Preface by Right Rev. Mgr. PHILIP BERNARDINI, J.U.D.
Professor of Canon Law at the Catholic University, Washington
New Edition, Augmented by Recent Decrees and Declarations
YORK JOSEPH F. WAGNER (Inc.)
LONDON: B. HERDER
FR. BENEDICT BOEING, O.F.M. FR. BENEVENUTUS RYAN, O.F.M.
Swprimi
FR. EDWARD BLECKE, O.F.M.
Minister Provincialis JULY 1, 1918
ARTHUR J. SCANLAN, S.T.D.
Censor Librorum
^Imprimatur
*fr JOHN CARDINAL FARLEY
Archbishop of New York
NEW YORK, JULY 3, 1918
Copyright, 1918, by JOSEPH F. WAGNER, Xew York
PREFACE
For several months past the articles by Father Stanislaus Woywod in the Ecclesiastical Review have informed the clergy of the most important features of the new Code of Canon Law. The same author now gives to the public a Summary and Commentary of the whole Code. As the present volume is published mainly with a view of the needs of the clergy engaged in the care of souls, the bulk of the book has been kept as compact as possible; wherefore in such places only where explanation and comment seemed neces sary they have been given, and in as brief a form as possible. Chapters which are not needed by every priest have been mentioned only with few words and en passant, as it were. The fourth and the fifth Book have been summed up very briefly, giving the most important points of legislation con tained therein. A very complete Index will make it easy to find any desired point of law.
We heartily congratulate Father Woywod on the good work and trust that the clergy of the United States will be pleased to find in this volume a welcome means of acquiring the necessary knowledge of the new legislation of the Church.
Dr. PHILIP BERNARDINI
Professor of Canon Law at the Catholic University Washington, D. C.
INTRODUCTION
When on May the twenty-seventh, 1917, a new* Codex Juris Canonici was promulgated by Papal Bull, this memorable event marked the happy conclusion of a revision of the Code of Law for the Catholic Church which had taken thirteen years of the most painstaking work on the part of a large number of erudite scholars and specialists in Canon Law. The new Code is truly a monumental work, the magnitude of which will be apparent when thought is given to the truly gigantic task of revising and coordinating all the existing Church laws, including the laws of all ages since the times of the primitive Church, eliminating all those that have dropped out of use, or that have been revoked or suspended in the course of the centuries. Never before in the history of the Church was such a compilation on the same im mense scope attempted. During the Middle Ages various Popes caused official collections made of laws that had been enacted within a limited period of years, but never before was the entire legislation of the Church unified and codified as it has now been done in the new Codex.
The Papal Bull decreed that the new book of law was to go into effect on Whitsunday, May the nineteenth, 1918. The period of time allowed before a new law after its official promulgation goes into force is known in the terminology of Canon Law as the vacatio legis. Canonists have generally held that for all laws pro mulgated by the Holy See two months' time is granted before in places outside the City of Rome the obligation of observing the law begins. For very remote countries even a longer time has been conceded, in order to let the knowledge of the law become sufficiently disseminated to make its enforcement possible. In more recent times the Holy See has in important laws frequently specified the period of the vacatio legis, as for instance in the case of the decree Ne Tenure which was published about eight months before it was to be enforced. The general principle, however, valid in civil law as well as in Canon Law, is that it is the duty of subjects to keep themselves informed through the ordinary channels of information, as, for instance, official magazines and papers, what laws, amendments, decisions, etc., have been enacted
vi THE NEW CANON LAW
by the authorities. It is not necessary, hence, that the bishop an nounce to his clergy the laws and regulations passed by the su preme authority of the Church, nor can it be said that this is his duty, though for uniformity of action on part of the clergy of a diocese it is advantageous that the bishop announce to his priests the important new laws with direction to make them known on one and the same day to the people throughout the diocese.
The purpose of the new Codex is, to supersede all existing collections of papal laws, whether contained in the various official compilations published with the special approval of former Popes, or in the volumes of decrees and declarations published by the various Roman Congregations, or, finally, in the many exist ing private collections of papal laws. Only in those instances in which the new Code expressly declares that a former law on a specified subject is to be retained, are former laws to continue in force. Instances of this kind are discussed in the course of the present volume.
The benefit of the new Code is inestimable, and it will go far toward unifying and strengthening the activities of the Church, by effecting a more uniform course of action in all the important details of the Church's life. Let no one, however, labor under the impression that the Code means the legislation of the Supreme Head of the Catholic Church has now come to an end. An or ganization like the Catholic Church, living and laboring in the great, wide world, and guiding millions of people of all races in the way of truth, must needs adapt her work to the ever-changing conditions of peoples and times. The present Code, therefore, is not, and cannot be, the final law in all and everything, for, in as much as Canon Law is the regulation of the activities of the Church, and since these activities are changing and developing with the gradual progress of civilization, new amendments, deci sions, declarations concerning the meaning of some of the laws, and exceptions and particular regulations to fit the exceptional conditions of particular countries or dioceses, must naturally be expected. The Holy Father has, however, provided (Motu Pro- prio, Sept. 15, 1917; Ada Ap. Sed.f vol. IX, pag. 483) that any and all new laws, as well as the possible repeal of some Canons of the new Code, also any interpretative declarations, etc., issued either by the Supreme Pontiff himself or by one of the Sacred Congregations, shall be turned over to a committee whose duty it will be to formulate the new laws, etc,, into Canons, and to insert
INTRODUCTION vn
them in the Code in their proper places, so that the Code may for all times remain the one, authoritative and complete lawbook of the Church.
The canonist will note the difference in the arrangement of matter in the new Code from the order followed in former collec tions of Canon Law. Previous collections were, as a rule, divided into five books, in the order of : judex, judicium, clems, connubia, crimen, whereas the five books of the present Code are : Lib. I., Normae generates; Lib. II., De Personis; Lib. III., De Rebus; Lib. IV., De Processibus; Lib. V., De Delictis et Poenis. Refer ence to the laws has been made easy by short Canons, or para graphs, numbered consecutively from beginning to end of the Code, two thousand four hundred and fourteen Canons in all, so that the number of the Canon suffices to enable one to find a cer tain law, no matter in what book, or under what title, this law may be placed.
The purpose of our present volume on the new Code is, mainly, to give the clergy engaged in parish work in a handy volume all that which is of practical importance for them in their daily life, in the exercise of their sacred duties that must be guided by the laws of our Holy Mother Church. Prolonged dis cussion and lengthy comparison with former law, such as might appeal to the student who has no other duties but his studies to attend to, are avoided in this volume. Such discussion and com parison will find proper place in a complete and thorough Com mentary on the Code which the author has under consideration for future publication.
In arranging the subject-matter of this book we have faith fully adhered to the order of the new Code, in deference to the Holy Father's desire that no one introduce an arrangement differ ing from the Code.
THE AUTHOR.
On the Feast of St. Bonaventure, D.S., July 14, 1918.
CONTENTS
PAGE
PREFACE "i
INTRODUCTION , v
THE FIRST BOOK: GENERAL PRINCIPLES OF CANON LAW.. I
Title I — Principles of Ecclesiastical Laws 3
Title II— Customs 7
Title III— Manner of Reckoning Time 8
Title IV— Rescripts 10
Title V— Privileges 13
Title VI — Dispensations 15
THE SECOND BOOK: LAWS CONCERNING PERSONS 17
PART I : LAWS CONCERNING THE CLERGY
Section I — The Clergy in General 22
Title I — Manner of Ascribing the Clergy to a Diocese 22
Title II— The Rights and Privileges of Clerics 23
Title III— Obligations of Clerics 25
Title IV— Ecclesiastical Offices 29
Title V — Ordinary and Delegated Jurisdiction 30
Title VI— Reduction of Clerics to the State of the Laity 34
Section II — Clerics Individually 35
Title VII — The Supreme Authority and Those who by Law Share
in it 36
Chapter I — The Roman Pontiff 36
Chapter II — The General Council 37
Chapter III — The Cardinals of the Holy Roman Church 38
Chapter IV — The Roman Curia 41
Article I — The Roman Congregations 42
Article II — The Tribunals of the Roman Curia 46
Article III — Offices of the Roman Curia 46
Chapter V — Legates of the Roman Pontiff 47
Chapter VI — Patriarchs, Primates, Metropolitans 48
Chapter VII — Plenary and Provincial Councils 49
Chapter VIII— Vicars and Prefects Apostolic 51
Chapter IX — Administrators Apostolic 51
Chapter X — Inferior Prelates 52
Title VIII — Episcopal Jurisdiction and Participants of the Same 53
Chapter I — Bishops 53
Chapter II — Coadjutors and Auxiliary Bishops 59
Chapter III— The Diocesan Synod 61
Chapter IV— The Diocesan Curia 62
Article I— The Vicar General 63
Article II— The Chancellor, Other Notaries, the Episcopal Archives.. 65
Article III — Synodal Examiners and Parochial Consultors 67
IX
x THE NEW CANON LAW
PAGE
Chapter V— Chapters of Canons 68
Chapter VI — Dioctsan Consultors 68
Chapter VII— Obstruction in the Government, Vacancy of the Epis copal See, the Vicar Capitular 69
Chapter VIII— Deans 72
Chapter IX— Pastors 74
Chapter X— Parochial Vicars 80
Chapter XI— Rectors of Churches 83
PART II : THE RELIGIOUS 85
Title IX — Erection and Suppression of a Religious Organization,
of a Province, or a House 87
Title X— The Government of Religious Organizations 89
Chapter I — Superiors and Chapters 89
Chapter II — Confessors and Chaplains 94
Chapter III — Temporal Goods and Their Administration 98
Title XI — Admission Into a Religious Community 100
Chapter I — Postulate 101
Chapter II— Novitiate 101
Article I — Conditions for Admission 101
Article II — Education of the Novices 106
Chapter III — Religious Profession 1 1 1
Title XII — Studies in Clerical Religious Communities 115
Title XIII — Duties and Privileges of Religious 117
Chapter I — Duties 117
Chapter II — Privileges of the Religious 122
Chapter III — Duties and Privileges of a Religious Promoted to an
Ecclesiastical Dignity, or to Rectorship of a Parish 124
Title XIV — Transition to Another Order 127
Title XV — Departure from Religious Life 128
Title XVI — Dismissal of Religious 131
Chapter I — Dismissal of Religious with Temporary Vows 131
Chapter II — Dismissal of Religious with Perpetual Vows in Non- exempt Clerical and in All Laical Organizations 132
Chapter III — The Canonical Trial in the Dismissal of Religious with Perpetual or Solemn Vows in a Clerical Exempt Religious Or ganization 134
Chapter IV— Dismissed Religious Who Had Taken Perpetual Vows. . 136 Title XVII — Societies of Men or Women Leading a Community
Life Without Vows t 138
PART III : THE LAITY. . ... . 139
Title XVIII— General Regulations for Associations of the Faithful.. 140
Title XIX— Particular Regulations for Associations of the Faithful.. 143
Chapter I— Third Orders Secular 144
Chapter II— Confraternities and Pious Unions 145
Chapter III— Archconfraternities and Primary Unions 147
THE THIRD BOOK: SACRED THINGS 149
PART I : THE SACRAMENTS 150
Title I—Baptism 151
CONTENTS X!
PAGE
Chapter I— The Minister of Baptism 151
Chapter II— The Subject of Baptism 152
Chapter III— The Rites and Ceremonies of Baptism 154
Chapter IV — Sponsors 156
Chapter V— Time and Place of Baptism 15?
Chapter VI — Recording and Proof of Baptism 158
Title II— Confirmation 159
Chapter I — The Minister of Confirmation 159
Chapter II — The Subject of Confirmation 160
Chapter III — Time and Place of Confirmation 161
Chapter IV — The Sponsors 161
Chapter V — Record and Proof of Confirmation 162
Title III— The Blessed Eucharist 162
Chapter I — The Holy Sacrifice of the Mass 163
Article I— The Celebrant 163
Article II — The Rites and Ceremonies of Holy Mass 165
Article HI— Time and Place of Holy Mass 165
Article IV — The Alms or Stipends of Masses 166
Chapter II — The Blessed Sacrament 170
Article I — The Minister of Holy Communion 170
Article II — The Recipient of Holy Communion 171
Article III — Time and Place for the Distribution of Holy Com munion 174
Title IV— The Sacrament of Penance 175
Chapter I — The Minister of the Sacrament of Penance 175
Chapter II — Reservation of Sins 179
Chapter III — The Subject of the Sacrament of Penance 182
Chapter IV — The Place Where Confessions are Heard 183
Chapter V — Indulgences 183
Article I — Concession of Indulgences 183
Article II — Manner of Gaining Indulgences 186
Title V— Extreme Unction 188
Chapter I — The Minister of Extreme Unction 188
Chapter II — The Recipient of Extreme Unction 189
Chapter III — The Rites and Ceremonies of Extreme Unction 189
Title VI — The Sacrament of Orders 190
Chapter I — The Minister of Sacred Ordination 190
Chapter II — The Subject of Sacred Ordination 194
Article I — Requisites for Candidates of Ordination 194
Article II — Irregularities and Other Impediments 197
Chapter III — Requisites Prior to the Ordination 200
Chapter IV — The Rites and Ceremonies of Ordination 203
Chapter V— Time and Place of Ordination 203
Chapter VI — Record and Testimonial of Ordination 204
Title VII — The Sacrament of Marriage 205
Chapter I — Requisites Before Marriage and Especially the Banns 206
Chapter II — Impediments in General 209
Chapter III — Impedient Impediments 214
Chapter IV — Diriment Impediments , . , . 216
xii THE NEW CANON LAW>
PAGE
Chapter V— The Matrimonial Consent 219
Chapter VI— Form of the Marriage Contract 221
Chapter VII— The Marriage of Conscience 225
Chapter VIII— Time and Place of Marriage 226
Chapter IX — Consequences of Marriage 226
Chapter X — Separation of Married People 227
Article I — Dissolution of the Marriage Bond 227
Article II — Separation from Bed and Board 230
Chapter XI — Validation of Marriage 231
Article I— Simple Validation 231
Article II — Sanatio in Radice 232
Chapter XII — Second Marriage 233
Title VIII— The Sacramentals 233
PART II : SACRED PLACES AND SEASONS 234
Section I— Sacred Places 234
Title IX— Churches 235
Title X— Oratories 242
Title XI— Altars 243
Title XII— Ecclesiastical Burial 245
Chapter I — Cemeteries 245
Chapter II — Transfer of the Body to Church, Funeral Services and
Internment 247
Chapter III— Persons to Whom Ecclesiastical Burial Must Be Granted
or Denied 253
Section II — Sacred Seasons 254
Title XIII— Holidays of Obligation 255
Title XIV— Fast and Abstinence 255
PART III : DIVINE WORSHIP 257
Title XV — The Keeping and Cult of the Blessed Sacrament 259
Title XVI— The Cult of the Saints, of Sacred Images and Relics.... 262
Title XVII— Sacred Processions 265
Title XVIII— Sacred Utensils 266
Title XIX— Vow and Oath 269
Chapter I — Vow 269
Chapter II— Oath 270
PART IV : THE TEACHING AUTHORITY OF THE CHURCH 272
Title XX— Preaching of the Word of God 273
Chapter I — Catechetical Instruction 273
Chapter II — Sacred Preaching 274
Chapter III — Sacred Missions 277
Title XXI— Seminaries 278
Title XXII— Catholic Schools 283
Title XXIII— Censorship and Prohibition of Books 285
Chapter I— Censorship of Books 285
Chapter II— Prohibition of Books 287
Title XXIV— Profession of Faith 290
PART V: BENEFICES AND OTHER NON-COLLEGIATE INSTITUTES OF THE CHURCH 292
CONTENTS xm
PAGE
Title XXV— Ecclesiastical Benefices 292
Chapter I— Constitution or Erection of Benefices 293
Chapter II — Union, Transfer, Division, Dismembration, Conversion
and Suppression of Benefices 294
Chapter III — Conferring of Benefices 298
Chapter IV— The Right of Patronage 298
Chapter V — Rights and Duties of Beneficiaries 299
Chapter VI — Resignation of Benefices 299
Title XXVI— Other Non-Collegiate Institutes of the Church 300
PART VI : TEMPORAL GOODS OF THE CHURCH 301
Title XXVII — Acquisition of Ecclesiastical Goods 302
Title XXVIII— The Administration of Ecclesiastical Goods 306
Title XXIX— Contracts 309
Title XXX— Pious Foundations 312
THE FOURTH BOOK : CANONICAL TRIALS 315
PART I : PROCEDURE IN COURT 315
Section I — Trials in General 316
Section II— Special Rules to be Observed in Certain Specified Trials. 316
Title XVIII — Manner of Avoiding Canonical Trial 316
Chapter I — Transaction 316
Chapter II — Compromise by Arbitration 317
Title XIX— Criminal Trials 318
Chapter I — Accusation and Denunciation 318
Chapter II — Inquisition 319
Chapter III — Reprimand of the Delinquent 321
Chapter IV — Construction of the Criminal Trial and Summons of
the Offender 322
Title XX — Matrimonial Cases 323
Chapter I — Competent Forum 323
Chapter II — Constitution of the Tribunal 324
Chapter III— Right to Accuse a Marriage and to Ask the Dispen sation from the Matrimonium Ratum 325
Chapter IV— Proofs 326
Article I — Witnesses 326
Article II — Bodily Inspection 326
Chapter V— Publication of the Trial, Conclusion of the Case, and
Sentence 327
Chapter VI — Appeals 328
Chapter VII — Cases Excepted from the Foregoing Rules 329
Title XXI — Cases Against Sacred Ordination 330
PART II : CASES OF BEATIFICATION OF THE SERVANTS OF GOD AND CANON IZATION OF THE BLESSED 331
PART III: THE MANNER OF PROCEDURE IN CERTAIN AFFAIRS OR IN THE
APPLICATION OF PENAL SANCTIONS 331
Title XXVII— Manner of Procedure in the Removal of Irremovable
Pastors 333
Title XXVIII — Manner of Procedure in Depriving Removable Pas tors of Their Parish 335
xiv THE NEW CANON LAW
PAGE
Title XXIX— Manner of Procedure in the Transfer of Pastors 336
Title XXX — Manner of Procedure Against Clerics Not Observing the Law of Residence 337
Title XXXI— Manner of Procedure Against Clerics Living in Con cubinage 339
Title XXXII— Manner of Procedure Against a Pastor Who is Negligent in the Fulfilment of the Pastoral Duties 340
Title XXXIII— Manner of Procedure for Infliction of the Suspen sion Ex Informata Conscientia 340
THE FIFTH BOOK : OFFENCES AND PENALTIES 343
PART I : OFFENCES 343
Title I — Nature and Division of Offences 343
Title II — Imputability of an Offence, Causes Which Aggravate or
Diminish It, and Juridical Effects of an Offence 344
Title III— Attempted Crime 347
PART II : PENALTIES 348
Section I — Penalties in General 348
Title IV— Definition, Species, Interpretation and Application of
Penalties 348
Title V — Superiors Having Coercive Power 350
Title VI— Persons Subject to the Coercive Power 352
Title VII— Pardon of Penalties 355
Section II — Penalties in Particular 356
Title VIII— Corrective Penalties of Censures 35^
Chapter I — Censures in General 356
Chapter II — Censures in Particular 361
Article I — Excommunication 362
Article II— Interdict 365
Article III — Suspension 367
Title IX— Punitive Penalties 37O
Chapter I — Common Punitive Penalties 371
Chapter II— Punitive Penalties Special to the Clergy 373
Title X — Penal Remedies and Penances 375
Chapter I— Penal Remedies 375
Chapter II— Penances 377
PART III : PENALTIES FOR INDIVIDUAL CRIMES 377
Chapter I — Penalties Incurred Ipso Facto (Latae Sentential 378
Chapter II — Penalties Ferendae Sententiae 385
APPENDIX : New Decrees and Declarations regarding the ELECTIONS IN RELIGIOUS ORDERS ; FACULTIES OF BISHOPS ; etc 423
THE NEW CANON LAW
THE FIRST BOOK
General Principles of Canon Law
1. It is stated in the first Canon of the Code that its laws are obligatory only for Catholics of the Latin Rite, except in those points which of their very nature affect also the Oriental Church. This ruling is not new, it has obtained for many centuries. On account of the great difference in manners and customs between the peoples of the East and those of Europe, and of countries christianized by mission aries of the Latin Rite, the Holy See wisely modifies for the Oriental Church some laws in accordance with requirements. A special Congregation for the Orientals has been estab lished at Rome to regulate the affairs of the Catholics of the various Oriental Rites. The laws on points of faith and morals, however, of their very nature bind all Catholics in union with the See of St. Peter, for in principles of faith and morals all who wish to be members of the Catholic Church can acknowledge but one guide, viz., the infallible teaching authority of the Supreme Pastor and his colleagues, the bishops, in unison with their head. (Canon 1.)
2. All liturgical laws heretofore decreed for the cele bration of Holy Mass, for the Divine office and other sacred functions, retain their force, except those that are explicitly corrected in the Code. (Canon 2.)
3. Special agreements or concordats made between certain nations and the Holy See are not changed by the Code. (Canon 3.)
4. Acquired rights, privileges and indults which have been granted by the Holy See to individuals or organiza tions, if they are still in use and have not been revoked, remain in force unless they are explicitly abrogated in the Code. (Canon 4.)
5. Now existing immemorial customs, both particular and universal, at variance with these Canons are abolished
2 THE NEW CANON LAW
if the Code explicitly disapproves of them. Centenary and immemorial customs not disapproved by the Code may be tolerated, if the bishop judges that they cannot prudently be abolished. Customs disapproved by the Code are to be considered corruptions of the law and can never in future revive and obtain the force of law. Ordinary customs at variance with the laws of the Code are to be considered suppressed, unless the Code explicitly states otherwise. (Canon 5.)
6. 1°. As regards laws published prior to the Code, the general rule is that all former laws, whether particular (for instance, for a certain country, for a Religious Order, etc.) or universal, that conflict with the laws of the Code, are abolished, unless the Code explicitly rules otherwise in refer ence to any special law. (Canon 6, 1°.)
2°. Canons of the Code that restate former laws exactly as they were before, must be interpreted according to the approved and accepted interpretation of commentators on the old law. Canons which agree only in part with the former law are to be interpreted like the former law in the points in which they agree; but in the points in which the new law differs from the former they must be judged by their wording and context. When it is doubtful whether a law of the new Code differs from the old law, one must not deviate from the former law. (Canon 6, 2°, 3°, 4°.)
3°. All former ecclesiastical punishments, whether spiritual or temporal, corrective or punitive, latae or ferendae sententiae, of which the Code makes no mention, are held to be abolished. (Canon 6, 5°.)
4°. All other disciplinary laws which have been in force up to the present time cease to be binding, unless they are explicitly or implicitly contained in the Code. The laws contained in the approved liturgical books, however, remain in force. This part of the Canon refers to the common law of the Church, for the Code states in Canon 22 that par ticular laws, namely for dioceses, individual countries, Or ders, are to remain in force unless they are opposed to the laws of the Code. (Canon 6, 6°.) (By declaration of the S. Congregation of the Holy Office, March 22, 1918, the rules and regulations concerning the oath against Modernism
PRINCIPLES OF ECCLESIASTICAL LAWS 3
prescribed by Pope Pius X., of happy memory, are to remain in force until such time when the Holy See shall otherwise ordain. Acta Apost. Sedis, vol. X, pag. 136.)
7. By the term "Apostolic See" or "Holy See," wher ever it occurs in the Code, is meant not only the Roman Pontiff but also, unless the context proves the contrary, the Sacred Congregations, the Roman Tribunals and Offices, through which the same Roman Pontiff does usually trans act the affairs concerning the universal Church, (Canon 7.)
TITLE I.
Principles of Ecclesiastical Laws.
8. The laws are instituted when they are promulgated. A law is not presumed to be personal but rather territorial unless the law indicates that it is to be considered personal. In the common law of the Church it makes little difference whether a law is personal or territorial, but in particular laws for dioceses or countries the distinction is important for the reason that the law, if territorial, does not bind out side the limits of the diocese or country. (Canon 8.)
9. The laws issued by the Holy See are promulgated by being published in the official magazine of the Holy See, the Acta Apostolicae Sedis f unless a special mode of promul gation should be prescribed in special cases. The laws do not begin to bind in conscience until three months from the date of the number of the magazine containing the law have elapsed, unless the nature of the law is such that its imme diate enforcement is evident, or the law itself should pro vide a longer or shorter period of "vacation." (Canon 9.)
10. Laws concern future actions and not those done before the law was made, unless they make special mention of past actions. (Canon 10.)
11. Those laws only are to be considered invalidating or inhabilitating which explicitly or equivalently state that an action is null and void, or that a person is incapable of acting. (Canon 11.)
12. Unbaptized persons are not held to laws which are purely Church laws, nor baptized persons who have not a sufficient use of their mind, nor children under seven years
4 THE NEW CANON LAW
of age though they may have sufficient knowledge and judg ment, unless the law does in some instances declare the latter to be held to its observance. (Canon 12.) The word purely is to be emphasized in this Canon, because laws which are an explanation or application of the natural or the posi tive Divine law bind every human being as soon as there is sufficient understanding of the law and consequent respon sibility, apart from any definite age. Wherefore also the Committee for the Interpretation of the Code answered the Bishop of Valleyfield, January 3, 1918, that children who had the sufficient use of their reason before seven years of age were held to make their Easter duty even before they were seven years of age. (Eccl. Review, March 1918, pag. 313.)
13. The general laws of the Church bind all persons for whom they are issued anywhere in the world. Laws issued for a particular territory, e. g., a diocese or a nation, bind those persons who have a domicile or a quasi-domicile in that territory and actually live there. For those who are absent from their own place for a while the following Canon pro vides. (Canon 13.)
14. Those persons who have a domicile or quasi-domi cile but are for a time staying in another place are called in law "peregrini." They are not held to the observance of the particular laws of their own diocese or country while absent unless the transgression of these regulations causes some harm in their own place, or in case the laws are personal. They are not held to the particular laws of the diocese or country in which they are travelling with the exception of those laws that concern public order or determine the for malities of legal transactions. They are, however, bound to observe the general laws of the Church, even those that have been abolished for their own place. Thus, for instance, an American travelling in Europe is bound to observe the holi days of obligation, fasts, etc., that may by papal indult have been abolished in America. On the other hand, the peregri- nus enjoys the dispensations from the general law in the country where he actually stays, even though there are no such dispensations granted to the diocese or country where he ordinarily resides. Those who have neither a domicile
PRINCIPLES OF ECCLESIASTICAL LAWS 5
nor a quasi-domicile in any place are called vagi. They are bound to observe both the general and the particular laws that are in force in the place where they actually stay. (Canon 14.)
15. All laws, even those that invalidate an action or in- habilitate a person to act, do not oblige in doubt of law (du- bium juris) ; in a doubt of fact (dubium facti) the Ordinary may dispense, provided there is question of laws from which the Roman Pontiff usually dispenses. (Canon 15.)
16. No ignorance of invalidating or inhabilitating laws excuses unless the law explicitly admits ignorance as an ex cuse. Likewise ignorance or error is not presumed when it concerns the law or its penalty, or one's own action, or the notorious action of another; concerning the non-notorious action of another, ignorance is presumed until the contrary is proved. This rule applies mostly to cases where the delin quent is brought to court for the transgression of a law. How far ignorance of the censure attached to the violation of a law excuses is specified in Canon 2229. (Canon 16.)
17. Laws are authoritatively interpreted by the law giver and by those to whom the power of interpreting has been committed. Authoritative interpretation of a law given in the form of law has the same force as the law itself. If such authoritative interpretation merely declares the mean ing of the words of law that are certain, the interpretation does not need a new promulgation and reacts on past actions ; if the interpretation restricts, or extends, the law or explains a doubtful point of the law, it does not react on past actions and is regarded like a new law, so that it must be promulgated in order to have binding force. An interpretation of the law given by way of a judicial sentence, or by a rescript in some special case, has not the force of law and binds only the per sons and affects only those matters for which it was issued. (Canon 17.)
18. Ecclesiastical laws must be interpreted according to the proper meaning of the terms of the law considered in their context. If that meaning remains obscure, one must have recourse to parallel citations of the Code if there are any, or to the purpose and circumstances and the intention of the law-maker. (Canon 18.)
6 THE NEW CANON LAW
19. Laws that establish a penalty or restrict the free exercise of one's rights, or establish an exception from the law must be interpreted in a strict sense. It has always been an axiom of interpretation of Canon Law that odious laws are to be explained in such a sense as not to unduly extend them to cases not strictly covered by the words of the law, while in favorable laws a more benign interpretation is al lowed. (Canon 19.)
20. If there is no definite rule of law, neither in the general nor in the particular law, concerning some affair, a norm of action may be taken from laws given in similar cases, from the general principles of law applied with the mildness proper to Canon Law, from the manner and custom of handling similar cases in the Roman Curia, and from the common and accepted teaching of doctors. In the applica tion of penalties, however, this liberal interpretation must not be adopted. (Canon 20.)
21. Laws made in order to safeguard the faithful against what is commonly dangerous, oblige even though in a particular case there is no danger. An example of this kind is the law of the Church forbidding bad books of va rious kinds. Though there may positively be no danger for some particular individual to read such a book, he is not thereby entitled to read it unless he has obtained a dispen sation from the law. (Canon 21.)
22. A more recent law given by the competent author ity abolishes a former law when it explicitly makes a state ment to that effect, or when it is directly contrary to the former law, or, finally, when it takes up and readjusts the entire subject matter of the law. A general law, however, does not abolish laws for particular places or the statutes of inferior legislators, e. g., of bishops, unless the general law is either directly opposed to the special law, or the gen eral law explicitly revokes the particular law. The Code, therefore, does not abolish the decrees of National and Pro vincial Councils, nor diocesan statutes, rules and constitu tions of Orders, except in as far as they may in some points be against the Canons, or in points where the Code ex plicitly states that notwithstanding particular laws the Code is to be followed. (Canon 22.)
CUSTOMS 7
23. In a doubt whether the former law has been re voked the repeal of the law is not to be presumed, but the more recent law is to be, as far as possible, conciliated with the former law, so that one may supplement the other. (Canon 23.)
24. Precepts given to individuals bind them wherever they go, but they cannot be urged in a canonical trial, and they expire with the expiration of authority of the one im posing the precept, unless they are given in the form of a legal document, or before two witnesses. (Canon 24.)
TITLE II.
Customs.
25. In order that a custom may assume the force of law in the Church, it must receive the consent of the com petent ecclesiastical superior. (Canon 25.)
26. Only those communities (dioceses, Religious Or ders, etc.) that are capable of (receiving) laws, that is to say, governed by laws, can introduce customs that have the force of law. (Canon 26.)
27. No custom can abrogate or modify the Divine law, either positive or natural. In order that a contrary custom may have the power to change Church laws, it must be (1°.) reasonable, and (2°.), lawfully prescribed by a con tinuous and uninterrupted usage of at least forty years' du ration. (In the forme rlaw the period of time required for usages to obtain the force of law was not definitely speci fied, wherefore there was a great diversity of opinion of canonists on this point. The majority of authors conceded that the period of ten years was sufficient, provided the other conditions were present, to abolish a law by contrary custom. The new Code demands forty years for any custom either contra or praeter jus to become law.)
Against a law of the Church which contains a clause forbidding contrary customs for the future, only a reasonable custom that is either immemorial or of a hundred years' standing can obtain the force of law. A custom which is ex plicitly disapproved in law is not considered reasonable. (Canon 27.)
8 THE NEW CANON LAW,
28. Customs praeter jus, that is to say, such usages as are not against a law, but outside it, and which have been knowingly introduced by a community with the intention of binding itself, become law if they are reasonable and lawfully prescribed by forty continuous and complete years. (Canon 28.)
29. Custom is the best interpreter of laws. (Canon 29.)
30. With the exception laid down in Canon 5, the general principle is that a custom against the law, or out side the law (praeter jus), is revoked by a contrary custom or a contrary law. A law does not, however, abrogate cen tenary or immemorial customs, nor does a general law abolish particular customs, unless the law specially men tions such customs. (Canon 30.)
TITLE III. Manner of Reckoning Time.
31. Apart from the liturgical laws, time is to be reck oned according to the following rules, unless the Canons explicitly prescribe an exception. (Canon 31.)
32. A day consists of twenty-four consecutive hours, to be counted from midnight to midnight; and a week con sists of seven days. A month in law means a period of thirty days; a year, three hundred and sixty-five days, un less month and year are ordered to be taken according to the calendar. (Canon 32.)
33. In reckoning the hours of the day the common custom of the place is to be observed, but in the private celebration of Holy Mass, in the private recitation of the Divine Office, in receiving Holy Communion, and in the ob servance of the law of fast and abstinence, one may follow also the local true time or the mean time, or the legal or any other of the several ways of marking time. Naturally, midday and midnight fall earlier or later as one travels East or West. For business purposes the local natural or true time is not practical, wherefore so-called Standard Time is followed in the United States, in which we have four zones, namely, Eastern, Central, Mountain, and Pacific Standard Time, each of the three latter marking a difference
MANNER OF RECKONING TIME 9
of one hour under the previous one. The difference between the standard and the local true time varies with the location of the towns and cities within the respective zones. Thus it may be twelve o'clock midnight by Standard Time when according to the local true time it is only twenty minutes, or a quarter, to twelve. The Code gives us the benefit of the difference in the observance of the fast, the recitation of the Divine Office, etc.
The time for determining the obligation arising from contracts is to be reckoned according to the rules of the civil law of each country, unless a special agreement has been made on this point. (Canon 33.)
34. If the month or the year is designated in law by its proper name or its equivalent, for example, "the month of February," "the following year," they are taken as in the calendar.
If the terminus a quo is neither implicitly nor explicitly assigned, for instance, suspension from the celebration of Holy Mass for a month or for two years, three months' va cation in a year, and the like, the time is to be calculated from moment to moment; and if, as in the first example, the time is continuous, the month and the year are taken as in the calendar; if the period of time is intermittent, a week means seven days, a month thirty days and a year three hundred and sixty-five days.
If the time consists of one or several months or years, one or several weeks, or several days, and the terminus a quo is explicitly or implicitly fixed, the following rules obtain : (1) the month and year are taken as in the calendar; (2) if the terminus a quo coincides with the beginning of the day, for example, two months' vacation from the fifteenth of August, the first day shall be counted in the number of days and the time expires with the beginning of the last day of the same number; (3) if the terminus a quo does not coin cide with the beginning of the day, for instance, the four teenth year of age, the year of novitiate, eight days from the vacancy of a bishopric, ten days for appeal, etc., the first day shall not be counted and the time expires when the last day of the same number is ended; (4) if the month should not have the same number of days, for example, one month from the thirtieth of January, the time expires either with
10 THE NEW CANON LAW
the beginning or the end of the last day of the month, as the case may be; (5) if there be question of actions of the same kind to be repeated at stated intervals, for instance, a three-year term from the taking of temporary vows to the taking of perpetual vows, three or more years between elec tions, etc., the time expires on the same day of the month on which the period began; but the new action may take place any time during the last day. The fact, therefore, that a profession took place early in the morning or late in the day does not oblige one to wait for the same hour for the renewal of vows. The same holds in case of elections, etc. (Canon 34.)
35. The term tempus utlle means that the time for the exercise or prosecution of one's rights does not elapse if one was ignorant of the rights, or could not act at the time. The term tempus continuum in law means a space of time that does not suffer any suspension by reason of one's ignorance or impossibility to act. (Canon 35.)
TITLE IV.
Rescripts.
Canons 36-62 of this title state the general principles concerning rescripts by which the Holy See or other Ordinaries grant dispensations and various other favors.
I shall direct attention to the most important points.
36. Favors and dispensations of any kind granted by the Holy See avail even those who are under censure with the following exceptions : An excommumcatus vitandus, a person excommunicated by a condemnatory or declaratory sentence of the ecclesiastical judge, cannot validly receive any favor from the Holy See unless the papal rescript states that it shall be valid notwithstanding the excommunication of the recipient; the same rule applies to those personally in terdicted or suspended by sentence in the ecclesiastical court. (Canon 36.)
37. Rescripts by which a favor is granted without requiring the ministry of an executor take effect from the moment that the rescript is issued; other rescripts from the time of execution. (Canon 38.)
RESCRIPTS 11
38. Conditions demanded in the rescripts are essential for their validity in such cases only where they are expressed by the particles, "si" "dummodo" or others of the same signifi cation. (Canon 39.)
39. All rescripts are considered as given upon condi tion "si preces veritate nitantur" that the reasons given in the petition are based on truth. There are two exceptions to this rule: (1) Canon 45 states that a rescript given with the clause "motu proprio" is valid even though in the peti tion things are not explained that otherwise are demanded. If, however, the only motive reason under the plea of which the rescript is requested is false, the rescript is invalid with the exception (2) of dispensations from marriage im pediments of lesser degree, which are valid even though all reasons or motives advanced to obtain the dispensations^ are falsehoods. Canon 1042 explains which are impediments of lesser degree in marriage. (Canon 40.) Cf. Canon 1054.
40. If one of the Roman Congregations or Offices refuses a favor asked of them, the same favor cannot be petitioned from and granted by any other of the Sacred Congregations, nor even by one's own bishop who may have delegated faculties, unless the Sacred Congregation of which the favor was first asked gives its consent. (Canon 43.)
41. The granting of a favor that was first asked of and refused by the vicar general and later obtained from the bishop, without mentioning that application had been made first to the vicar general and refused, is invalid. A favor that has been refused by the bishop cannot validly be granted by the vicar general, even though the petitioner makes known to him the bishop's refusal. (Canon 44.)
42. Rescripts are no longer considered invalid on account of an error in the name of the person to whom, or by whom, the favor is granted, or a mistake in the place of residence, or a mistake concerning the object of the con cession, so long as, in the prudent judgment of the bishop, there is no doubt concerning the identity of the person and the object of the favor. (Canon 47.)
43. A rescript of the Apostolic See in which no execu tor is demanded need not be exhibited to the Ordinary of the person obtaining the document, except this is demanded
12 THE NEW CANON LAW
in the document or there is question of public affairs e. g., publication of an indulgence granted to a church or place, or, finally, if a favor is granted for the use of which the bishop has a right to examine required conditions, e. g., a concession to keep the Blessed Sacrament, celebrate Holy Mass in a private oratory, etc., in which cases the law gives the bishop the right and the duty to see that the require ments of Canon Law are complied with. This Canon does not demand the presentation under pain of invalidity; unless, therefore, it is demanded in the rescript itself in terms im porting invalidity, the neglect to comply with the ruling of the present Canon would not invalidate the rescript, but such neglect is sinful. (Canon 51.)
44. Rescripts must be understood according to the proper meaning of their words and the common usage of the language, and must not be extended to other cases be sides those expressly mentioned. (Canon 49.)
45. When doubt arises as to the meaning of the words of a rescript those rescripts having reference to cases in court, or to matters which hurt the acquired right of others, or those that concede to a private individual favors contrary to the law, or, finally rescripts obtained for the purpose of securing an ecclesiastical benefice, must be strictly inter preted; all other rescripts may receive a benign interpre tation. (Canon 50.)
46. If in a rescript the mere office of execution is com mitted to some one, e. g., bishop, confessor, the execution of the rescript cannot be refused, unless it is evident that the rescript is null and void on account of a lie, or of con cealing the truth, or if there are conditions demanded in the rescript which the executor knows have not been complied with by the recipient of the document, or the latter is in the judgment of the executor so unworthy of the favor that its concession would be a scandal to others. In the last mentioned circumstance the executor shall at once inform the official granting the rescript and in the meantime sus pend its execution. If in the rescript the granting of the favor is left to the executor, so that he is delegated to dis pense, he shall according to his own judgment and con science either grant or deny the favor. (Canon 54.)
PRIVILEGES 13
47. Favors granted through a rescript are not revoked by a contrary law, unless it is otherwise stated in the law, or unless the law was made by the superior of the grantor. (Canon 60.)
48. Vacancy of the Holy See, or of the bishopric, does not invalidate rescripts given by the deceased pontiff or bishop, unless the terms of the rescript state otherwise, or unless the rescript gives power to a delegate to grant the favor to individuals specified in the document and the dele gate or executor had not begun to exercise his power before the death of the Pope or the bishop, as the case may be. As soon as the rescript has been presented to the individual so delegated the case is opened, and he can act even though the Pope or the bishop who granted the rescript should die or resign their office. (Canon 61.)
TITLE V. Privileges.
Canons 63-79 under this head deal with the question of privileges, which are favors, either against law or outside of law, which a person or a community enjoys without limit of time.
49. Privileges can be acquired not only by direct con cession but also by communication, by legitimate custom, and prescription. However, Canon 613 states as an excep tion to this rule that between Religious Orders the com munication of privileges is revoked, and that each Order shall have only what is conceded by the Code, and the favors that have been directly granted to the Order. (Canon 63.)
50. The habitual faculties which are granted either in perpetuum or for a definite period of time, or for a certain number of cases, are counted among the privileges praeter jus. This consideration allows a liberal interpretation of such faculties ; whereas, if they were to be considered contra jus, their explanation would have to be strict. Unless they are given personally to the bishop, or otherwise restricted to him, the vicar general has the same faculties. (Canon 66.)
51. Doubts concerning privileges must be solved ac-
14 THE NEW CANON LAW
cording to Canon 50, which decrees that rescripts as well as privileges that injure the acquired rights of a third party, or such that are against the law, in favor of private in dividuals, are to receive a strict interpretation. Any privi lege, however, must be so explained that the privileged party does derive some benefit from the privilege. (Canon 68.)
52. No one is obliged to make use of a privilege that is granted for his own personal benefit, unless the duty to make use of it arises from another source. (Canon 69.)
53. By a general law are revoked the privileges con tained in the Code. Particular privileges are not revoked by a general law, unless the law explicitly revokes all contrary privileges, or unless they were granted by an inferior authority. (Canon 71.)
54. Privileges cease by renunciation accepted by the competent superior. Privileges granted only for any private individual's own benefit may be renounced by this individual. Those granted to any community, dignity or place, private individuals are not allowed to renounce; nor is a community or body of persons free to renounce privileges given to them in the form of law, for instance, the exemption granted to the regulars, or when the renunciation is prejudicial to the Church, or to other persons. (Canon 72.)
55. Privileges do not cease by the fact that the one granting them dies, or in any other way loses his jurisdic tion, unless they were granted with the clause "ad bene- placitum nostrum" or another equivalent clause. Thus, for instance, faculties granted to a priest by the bishop with out such a clause continue though the bishop dies or is transferred to another see. (Canon 73.)
56. Privileges may also terminate if, according to the judgment of the superior, in the course of time circumstances change to such an extent that the privilege becomes harm ful or its use illicit. Finally, privileges cease when the time expires for which they were granted, or the number of cases for which faculties were given is exhausted. One exception to this rule is made in Canon 207, §2, where the Code be nignly supplies jurisdiction, if, in his faculties for the internal forum, the priest through inadvertence makes use of the
DISPENSATIONS 15
faculties though the time for which they were granted has elapsed, or the number of cases has been exhausted, (Canon 77.)
TITLE VI.
Dispensations.
57. Dispensation, which is the relaxation of a law in a particular case, can be granted by the law-giver, by his successor or his superior, and by those whom they have delegated. (Canon 80.)
58. From the general laws of the Church, Ordinaries inferior to the Roman Pontiff cannot dispense, not even in a particular case, unless this power has been conceded to them implicitly or explicitly, or when recourse to the Holy See is difficult and there is at the same time danger of caus ing great harm by the delay, and the case is one in which the Holy See usually dispenses. (Canon 81.)
59. Bishops and other local Ordinaries can dispense from diocesan laws, from the laws of Provincial and Na tional Councils; but they cannot dispense from laws which the Roman Pontiff has published for a particular country or diocese, except in cases indicated in the preceding Canon. (Canon 82.)
60. Pastors cannot dispense either from a general law of the Church nor from special laws of country or diocese, unless this power has expressly been conceded to them. By custom introduced from time immemorial and confirmed by Canon 1245, pastors can dispense their parishioners in indi vidual cases from the fast and abstinence and from the law forbidding servile work on Sundays and holidays of obliga tion. (Canon 83.)
61. Dispensations from the law of the Church should not be given without a just and reasonable cause, which should be in due proportion to the gravity of the law from which dispensation is granted. Dispensations granted by an inferior without just cause are both illicit and invalid, while the law-giver himself may always validly dispense from his laws, though also he sins by dispensing a subject from the law without a good reason. When it is doubtful whether the reason for a dispensation is sufficient, the in-
16 THE NEW CANON LAW
dividual is allowed to ask for the dispensation and the superior may validly and licitly grant the same. (Canon 84.)
62. Dispensations must be interpreted according to Canon 50, and also the faculties to grant dispensations must be strictly interpreted. (Canon 85.)
63. Dispensations extending for some length of time cease not only for the same reason as a privilege, but also whenever it is certain that the reason for the dispensation has entirely ceased to exist, e. g., dispensation from reciting the Divine Office, fast, etc., in case of ill health, when the dispen sation ceases of itself after complete recovery, (Canon 86.)
THE SECOND BOOK
Laws Concerning Persons
64. By baptism a person becomes a subject of the Church of Christ, with all the rights and duties of a Chris tian, unless as far as rights are concerned there is some obstacle impeding the bond of communion with the Church, or a censure inflicted by the Church. (Canon 87.)
65. A person who has reached the age of twenty-one years is called of major age; under twenty-one he is called a minor. A boy reaches the age of puberty when fourteen years of age, a girl at the completion of the twelfth year. Children under seven years of age are spoken of in law as infants, "puer, parvulus," and they are not considered respon sible for their actions. When fully seven years of age, the law presumes that the child has the sufficient use of reason to be responsible. Persons habitually devoid of the use of reason are in law held equal to infants. (Canon 88.)
66. A person of major age has the full exercise of his rights, the minor remains subject to the parents or guardian in the exercise of his rights, except in matters in which the law exempts minors from the paternal power. (Canon 89.)
67. By locus originis is meant the place where the father, or in case of illegitimate and of posthumous children the mother, had a domicile, or in defect of a domicile a quasi- domicile. If there is question of children of vagi the very place of birth is the place of origin; of exposed children the place where they were found. In the case of converts the same rules obtain. The opinion of canonists who have held that the place of baptism of adults might be considered as their locus originis must therefore be corrected. (Canon 90.)
68. A person is called an incola in the place where he has a domicile; advena in the place where he has a quasi- domicile; a peregrinus, if he is actually outside the place of domicile or quasi-domicile which he still retains; vagus, if he has nowhere a domicile nor quasi-domicile, (Canon 91.)
18 THE NEW CANON LAW
69. A domicile is acquired by residence in some parish or quasi-parish, or at least in a diocese, vicariate-apostolic or prefecture-apostolic, which residence must be acquired with the intention to stay there forever unless something calls him away, or it must be the actual residence of ten complete years. (Canon 92.)
A quasi-domiciie is acquired by residence in a parish or a diocese with the intention to stay there for the greater part of the year unless something should call one away, or by having actually lived there for the greater part of the year.
The domicile or quasi-domicile in a parish or quasi-parish is called parochial; in the diocese, vicariate or prefecture, though not in the same parish or quasi-parish, is called diocesan. The diocesan domicile is new in the language of Canon Law.
70. The wife, if not lawfully separated from the husband, necessarily shares the domicile of her husband; the insane that of his guardian; the minor that of the person in whose charge he is. A minor can after the years of infancy acquire a quasi- domicile of his own; a quasi-domicile can be acquired by the wife not legally separated, while the legally separated wife can acquire a domicile of her own. (Canon 93.)
71. Through domicile or quasi-domicile each of the faithful gets his proper pastor and Ordinary. The proper pastor and Ordinary of the vagi are the pastor and bishop of the place where the vagus actually stays. Those also who have but a diocesan domicile, or quasi-domicile, have for their proper pastor the one in whose parish they actually stay. (Canon 94.)
72. Domicile and quasi-domicile are lost by the act of leaving the place with the intention not to return there. Minors and married women are an exception, as stated in Canon 93. (Canon 95.)
73. Consanguinity is traced by lines of descent and degrees. In the direct line there are as many degrees as there are generations, or, in other words, as many degrees as there are persons, not counting the stipes or head of the line. In the branch lines there are as many degrees as there are generations in one line, if the distance from the common parent is equal; if the distance is not equal, there are as many degrees as there are generations in the longer line. (Canon 96.)
74. Affinity arises from a valid marriage and it makes
LAWS CONCERNING PERSONS 19
no difference whether it be only a matrimonium ratum or also consummatum. Affinity exists only between the husband and the blood relations of his wife, and the wife and the blood relations of her husband. Brothers, sisters, etc., of husband and wife do therefore not enter into any affinity with each other. The degrees of affinity are numbered in the same way as the con sanguinity, so that the blood relations of the husband become the affines of the wife in the same line and degree as they are standing towards the husband; and vice versa. (Canon 97.)
75. To determine to which of the various Catholic Rites a person belongs, baptism decides, so that one belongs to that Rite in which he was baptized, unless perhaps baptism was administered by a priest of another Rite who was not en titled to baptize that person, or baptism was given in case of necessity where no priest of the proper Rite could be secured^ or, finally, when by apostolic indult a person obtained the per mission to be baptized with the ceremonies of a certain Rite without the obligation to adhere to that Rite.
The clergy should not presume to induce either Catholics of the Latin Rite to join an Oriental Rite, or Catholics of Oriental Rites to join the Latin Rite.
No one is allowed without permission from the Holy See to go over to another Rite, or after a legal transfer to return to the former Rite.
The wife who belongs to another Rite than her husband is at liberty at the time of marriage, or at any time during the marriage, to join the Rite of her husband. When marriage is dissolved, she is free to return to her own Rite, unless particu lar laws rule otherwise.
The custom, no matter of what duration it may be, to receive Holy Communion in another Rite does not entitle to, or mean, a change of Rite. (Canon 98.)
76. There are in the Catholic Church besides physical also so-called moral or legal persons, that is to say bodies of men, instituted by the public authority of the Church, which persons are distinguished into collegiate bodies and non- collegiate, for instance, churches, seminaries, benefices, etc. (Canon 99.)
77. The Catholic Church and the Apostolic See have the nature of a legal person by Divine ordinance. The other,
20 THE NEW CANON LAW
inferior, legal persons get their personality either by law, or by a special concession of the competent ecclesiastical superior through a formal decree for the purpose of religion or charity. Unless there are at least three individuals, there can be no collegiate moral person. Moral persons, both collegiate and non-collegiate, are held equal to minors. (Canon 100.)
78. The actions of collegiate legal bodies in the Church are subject to the following rules.
Unless either the common law or particular statutes prescribe a different course of action, it shall be the rule that the absolute majority of votes of all those who have a right to vote, and actually do vote, decides a question, and if in the two first votings no majority was obtained, the relative majority of votes in the third voting decides. If in the third voting the votes are even, the president of the election can, by giving his vote to one of the parties, decide the matter; if the president does not want to do this and there is question of elections, the senior in ordination, in first profession or in age, is to be con sidered elected.
Those matters that touch each one individually, must be approved by all.
If there is question of the actions of non-collegiate legal persons, the particular statutes and the norms of the com mon law regarding such persons are to be followed. (Canon 101.)
79. A legal person is of its very nature perpetual. It may be extinguished by suppression by the legitimate au thority, or by having ceased to exist for a space of one hun dred years. If at least one individual of a collegiate legal person remains, the rights of all rest with that individual. (Canon 102.)
80. An action that is done by either a physical or a moral person through extrinsic force which could not be resisted is considered as though it was not done. Actions done because of great fear from unjust threats, or an ac count of deceit, are valid unless the law rules otherwise in some cases; they can, however, be declared null and void by the ecclesiastical judge according to Canons 1684-1689, at the petition of the injured party, or even without such petition. (Canon 103.)
LAWS CONCERNING PERSONS 21
81. Error annuls an action when it concerns the sub stance of the action, or amounts to a conditio sine qua non; otherwise the action is valid, unless the law states the con trary. In contracts, however, error may give the person contracting under such error the right to an action in court for the rescinding of the contract. (Canon 104.)
82. Whenever the law states that the superior needs the consent, or the consultation, of some persons, the following rules obtain:
If consent is required, the superior acts invalidly against the vote of these persons; if only consultation is demanded, by words like de consilio consultorum, or audito capitulo, parocho, etc., it is sufficient for the validity of the action that the superior consults these persons. Though he is not bound to follow their advice, he should nevertheless have great regard for the unanimous vote where several persons had to be consulted, and he should not without a very good reason go against their counsel.
If the consent, or consultation, of several persons is required, these persons should be legally convoked and thus manifest their mind. The superior may, if he thinks the matter of sufficient importance, oblige them to take the oath of secrecy concerning this affair. All persons whose consent or counsel is required should with due respect, truthfulness and sincerity state their idea on the subject. (Canon 105.) This Canon does not say whether the action of a superior is invalid if in cases where consent or counsel of others is required, he should neglect to call some of these per sons. Reference is made to Canon 162, § 4, which states that the convocation of individuals for election is not essential, provided they were present anyhow. The same Canon, in number 3, declares that elections are invalid if more than one-third of those having a vote were not called and did not take part in the election. We believe the same may be applied to the validity of an action where certain in dividuals must intervene.
83. In Canon 106 are to be found rules on precedence of various ecclesiastical persons.
84. By Divine institution the clergy is distinct from the laity in the Church, though not all degrees of clerics
22 THE NEW CANON LAW
are of Divine institution. Both clerics and laics may be Eeligious. (Canon 107.)
PART I. LAWS CONCERNING THE CLERGY.
SECTION I.
The Clergy in General.
85. Those who have been assigned to the Divine min istry by the first tonsure, are called clerics. They are not all of the same degree, there is a sacred hierarchy by which one is subordinate to the other. This hierarchy which is of Divine institution by reason of the sacred orders, consists of bish ops, priests and ministers; by reason of jurisdiction it con sists of the supreme pontificate and the subordinate episco pate. By institution of the Church other degrees have been added. (Canon 108.)
86. Those who, in the Church, are received into the ecclesiastical hierarchy, are not accepted by consent or a call from the secular authority or the people, but are placed in the degrees of the power of orders by sacred ordination. In the supreme pontificate the person lawfully elected and freely accepting the election receives power of jurisdiction by Divine right; all others receive jurisdiction by the cano nic a missio.
87. Though the Holy See does give to some of the clergy the title of prelate as an honorary title without juris diction, the proper meaning of the term denotes those of the secular or regular clergy who have ordinary jurisdiction in the external forum, (Canon 110,)
TITLE I. Manner of Ascribing the Clergy to a Diocese.
88. Every cleric must belong either to some diocese or to some religious community, vagrant clerics are not at all recognized. By reception of the first tonsure a cleric is ascribed to, or incardinated in the diocese for the service of which he was promoted. (Canon 111.)
THE RIGHTS AND PRIVILEGES OF CLERICS 23
89. With the exception of the cases mentioned in Canons 114 and 641, §2, it is necessary for valid incardina- tion of a cleric into another diocese that his own bishop grant him letters of perpetual and unconditional excardina- tion, and that the bishop receiving him likewise issues letters of perpetual and unconditional incardination. Letters of in- and excardination must be signed by the bishops. (Canon 112.)
90. The vicar general cannot grant incardination or excardination without a special mandate from the Ordinary, nor can the vicar capitular do this except after one year's vacancy of the bishopric, and then only with the consent of the cathedral Chapter. (Canon 113.)
91. If the Ordinary gives to a cleric of another diocese a benefice requiring residence, e. g. a parish, with the written consent of his Ordinary, or with the written permission al lowing the cleric to leave his diocese for good, this is con sidered an ex- and incardination. (Canon 114.)
92. By religious profession a cleric is excardinated from his diocese, according to the rules of Canon 585. (Canon 115.)
93. Excardination cannot take place without good rea sons, and it does not take effect, unless incardination in the other diocese has followed, the Ordinary of which diocese is held to inform the other bishop as soon as possible. (Canon 116.)
94. A bishop should not incardinate a cleric of an other diocese, unless (1) the cleric is necessary or useful to the diocese and the rules of Canon Law have been observed;
(2) the bishop has the authentic document of excardination and letters of the Curia about the conduct of the cleric;
(3) the cleric has taken the oath before the incardinating Ordinary or his delegate to serve the new diocese for all times according to the sacred Canons, (Canon 117.)
TITLE II.
The Rights and Privileges of Clerics.
95. Clerics only can obtain either the power of orders or that of ecclesiastical jurisdiction, and ecclesiastical bene fices and pensions. (Canon 118.)
24 THE NEW CANON LAW
96. All the faithful owe the clergy reverence according to their various rank and offices, and they become guilty of sacrilege if they do them personal injury. (Canon 119.)
97. All cases against clerics, both civil and criminal, must be brought into the ecclesiastical court, unless for some countries other provisions have been made.
Cardinals, Legates of the Holy See, bishops, even titu lar ones, abbots and prelates nullius, the supreme heads of religious bodies approved by Rome, the major officials of the Roman Curia in reference to business belonging to their office, cannot be sued in the secular courts without permis sion of the Holy See. All others, clerics and religious, who enjoy the privilege of the forum, cannot be sued in a civil court without permission of the Ordinary of the place where the case is to be tried. The Ordinary, however, should not refuse such permission, if the suitor be a lay person, espe cially after his attempts to effect an agreement have failed.
If clerics are sued in the civil court by one who has not obtained the permission, they may appear in court because they are forced to obey the summons if they want to protect themselves against more trouble, but they shall inform the Ordinary from whom permission should have been obtained. (Canon 120.)
^ 98. All clerics are free from military service and from duties and public offices that are unbecoming to the clerical station. (Canon 121.)
99. Clerics who are forced to pay their debts should not be deprived of what is necessary for decent living, according to the prudent judgment of the ecclesiastical superior, but they are bound to pay all debts as soon as possible. (Canon 122.)
The cleric cannot renounce the afore-mentioned privi leges; he loses them, however, if he is reduced to the con dition of laics, or is punished with perpetual privation of the ecclesiastical garb, according to the rules laid down in Canons 213, § 1, and 2304. If the penalty is remitted, or if he is received again among the clergy, the privileges revive. (Canon 123.)
OBLIGATIONS OF CLERICS 25
TITLE III.
Obligations of Clerics.
100. Both the interior life and the exterior behavior of the clergy must be superior to the laity and excel them by the example of virtue and good deeds. (Canon 124.)
101. The Ordinary must take care, (1) that the clergy frequently go to confession, (2) that they make each day a meditation of some duration, visit the Blessed Sacrament, say the rosary, and examine their conscience. (Canon 125.)
102. All secular priests must at least once in three years make a retreat for a length of time to be specified by the Ordinary, in a religious house or other place designated by the bishop. No one shall be exempted from the retreat, except in a particular case, for a just reason, and with the explicit permission of the Ordinary. (Canon 126.)
103. All clerics, but especially the priests, are under the special obligation to obey and respect their respective Ordinary. (Canon 127.)
104. The office imposed on clerics by the bishop must be accepted and faithfully attended to as long as the bishop judges that the needs of the Church in his diocese require the services of the priest. (Canon 128.)
105. The clerics after being ordained priests must not neglect studies, especially of the sacred sciences, in which they should always follow the sound doctrine handed down to us by the Fathers and universally received by the Church, and should avoid profane novelties of expression and what is wrongly called scientific. (Canon 129.)
106. All priests, even though they should have a pa rochial or canon's benefice, must for three years after their ordination yearly undergo an examination in the sacred sciences as outlined by the bishop. The bishop may for good reasons dispense from this duty. In the appointment to offices and benefices those ought to be preferred who, all other things being equal, were foremost in the examinations. (Canon 130.)
107. The diocesan conferences should be held repeat edly during the year in the episcopal city and in each deanery.
26 THE NEW CANON LAW
If it should be very difficult to have the meeting, the answers to the cases for conference should be put in writing and sent by mail according to the directions of the Ordinary.
All secular priests, and also all those religious who have the care of souls (as pastors or curates), and, if the cases of conscience are not held in the monastery, all religious priests who have the faculties of the diocese, must attend the diocesan conferences. (Canon 131.)
108. Clerics in major orders are, under pain of nullity, forbidden to marry and they have the obligation of observing chastity, so that sins against this virtue are also a sacrilege. If a cleric received major orders through grave fear or force, and did not ratify his ordination by accepting willingly the duties of the clerical state of major order men, he may bring his case before the bishop and if he can prove his case, he must be pronounced free from the obligations of the major orders.
Clerics in minor orders may indeed get married but, unless the marriage was invalid on account of their being forced to such a marriage by grave fear or violence, they cease to be clerics ipso facto.
A married man who in good faith receives major orders without a dispensation from the Holy See is forbidden to exercise such orders. (Canon 132.)
109. The clergy shall take care not to have in their houses, nor to visit, women that may give reason for suspi cion. They are allowed to have in their houses only such women concerning whom there can be no suspicion either on account of the natural bond, as mother, sister, aunt, or about whom on account of their character and more ad vanced age all suspicion is removed. It is left to the judg ment of the bishop whether in any case a woman is to be removed from the priest's house, or the priest to be for bidden to visit a woman. If the priest has been admonished repeatedly and yet continues to be obstinate, he is presumed guilty of concubinage. (Canon 133.)
110. The custom of the secular clergy to lead a com munity life is praiseworthy and is to be encouraged, and where it is in vogue it should be continued as far as possible. (Canon 134.)
OBLIGATIONS OF CLERICS 27
111. Clerics in major orders are tinder obligation to daily recite all the canonical hours according to their proper and approved liturgical books. Those clerics that have been reduced to the state of laics, as described in Canon 213 and 214, are not obliged to recite the office. (Canon 135.) Cf. No. 144 and 145.
112. All clerics are bound to wear a becoming clerical garb in accordance with the legitimate customs of places and with the orders of the Ordinary. They shall also have the clerical tonsure, unless the custom of nations is against it, and the dressing of their hair shall be free from vanity. Clerics are not allowed to wear a ring, unless it is conceded to them either by law or by Apostolic privilege.
Clerics in minor orders who of their own authority and without a legitimate cause do not wear the ecclesiastical garb and the tonsure, and have been admonished by the Ordinary and do not obey within a month, are by the very fact deprived of the clerical state. (Canon 136.)
113. Clerics are forbidden to give bail for any one, even with their own money, unless they have the permis sion of the local Ordinary. (Canon 137.)
114. Clerics must abstain from all things that are un becoming their state : they must not exercise unbecoming arts; not play games of chance with money; not carry weapons, unless there is justified cause for fear; not indulge in hunting and never in that kind of hunting that is done with much display and publicity; not visit saloons and places of the same nature except in cases of necessity or for any other just cause approved by the Ordinary. (Canon 138.)
115. Even those affairs that are not unbecoming to the clerical state, but are foreign to it, the clergy must avoid.
Without Apostolic indult they shall not practice medi cine or surgery; not act as notary public, except in the ec clesiastical Curia; not accept public offices that import secu lar jurisdiction or duties of administration.
Without permission from the Ordinary the clerics shall not act as agents for goods and property of lay people, or assume secular offices that impose the obligation of render ing an account; not exercise the office of procurator or
28 THE NEW CANON LAW
lawyer, except in the ecclesiastical court, or in the civil court when there is question of his own case or of his church ; clerics shall not have any part at all, not even that of witnesses unless they are forced to act as such, in criminal cases in lay courts where the criminal is to be punished with a grave personal penalty.
Without permission from the Holy See the clerics are not allowed to run for or accept the offices of senator and deputies in those countries where there is a prohibition of the Pope; in other countries they shall not attempt this without the permission of their Ordinary as well as of the Ordinary of the place where the election is to take place. ( Canon *139.)
116. The clergy must keep away from such perform ances, dances and shows which are unbecoming to the clergy and where it would be scandalous to see them attend these, especially in public theatres. (Canon 140.)
117. Clerics shall not volunteer for military service, unless they do so with the permission of the bishop in coun tries where they are forced to serve, in order the sooner to put in their period of service. Clerics must not take part or help in any way, in internal revolts and disturbances of public order. Clerics who in violation of this law volunteer for military service thereby forfeit their clerical standing. (Canon 141.)
118. Clerics are forbidden either by themselves or through others to engage in any business or gainful occu pation, whether for their own benefit or for that of others (Canon 142.)
119. Clerics, even though they have no benefice or office requiring residence, are forbidden to be absent from their diocese for a notable length of time without at least the presumed permission of their bishop. (Canon 143.) For absence of pastors cf. Canon 465.
120. Clerics who go into another diocese with the per mission of their bishop, but are not excardinated, can be recalled for a just reason but the laws of equity must be kept in mind. The bishop of the other diocese likewise can for a just reason deny a priest permission to prolong his stay in that diocese, unless he has given the extern priest a parish. (Canon 144.)
ECCLESIASTICAL OFFICES 29
TITLE IV.
Ecclesiastical Offices.
121. An ecclesiastical office, in the wide sense of the word, is any employment that has a spiritual purpose. In the strict sense an ecclesiastical office means a stable posi tion which is created either by God Himself or by the Church, conferred according to the rules of Canon Law, and carrying with it some participation of ecclesiastical power either of Holy Orders or of jurisdiction.
In law the word office is accepted in the strict sense unless the context clearly shows the contrary. (Canon 145.)
Canons 147-195 treat of appointment to offices, election, postulation, loss of office. We will here quote the Canons that might find application to the condition of the Church in the United States, and in countries where the same condi tions prevail.
122. An ecclesiastical office cannot be obtained with out a canonical appointment. By ecclesiastical or canonical appointment is understood the conferring of an ecclesiastical office by the competent ecclesiastical authority, according to the sacred Canons. (Canon 147.)
123. Offices that have the care of souls attached to Ihem either in the external or internal forum, cannot validly be given to clerics who are not yet ordained priests. (Canon 154.) This regulation is new, for according to the former law a cleric could be appointed pastor of a parish before he was ordained priest.
124. Appointment to offices that have become vacant should never be deferred over six months from the time when the vacancy became known, if special laws do not otherwise specify the term. In the appointment of pastors the concession of Canon 458 is to be considered. (Canon 155.)
125. An office that has become vacant either through renunciation or by the sentence of the ecclesiastical Court cannot validly be conferred by the bishop, who accepted the resignation or gave the sentence, on his (the bishop's) re lations, either of kin or by marriage, in the first and second degree, nor on a cleric in his service. Relations, either of
30 THE NEW CANON LAW
kin or by marriage, to the second degree and clerics in the service of the one resigning the office are at the same time barred from taking said office. (Canon 157.)
126. Appointment to any office should be made in writing. (Canon 159.)
TITLE V.
Ordinary and Delegated Jurisdiction.
127. In the Catholic Church there is, by Divine insti tution, the power of jurisdiction or government. This is twofold, that of the external forum and that of conscience or the internal forum, which latter is subdivided into sacra mental and extra-sacramental jurisdiction. (Canon 196.)
128. By ordinary jurisdiction is meant the one that goes by right with the appointment to an office. Delegated jurisdiction is such that may be committed to a cleric by his superior. (Canon 197.)
129. In law the term Ordinary, besides having refer ence to the Roman Pontiff, refers to the bishop, abbot or prelate nullius and their vicars general, administrator, vicar and prefect apostolic, in their respective territories, and, in case of vacancy in these offices, to those who by law or le gitimate custom succeed them in office. In exempt clerical Religious Orders the major superiors come also under the name of Ordinaries. By the term ordinarius loci or locorum are meant all person enumerated in this Canon except re ligious superiors. (Canon 198.)
130. He who has ordinary jurisdiction can delegate it to another, either totally or in part, unless the law expressly restricts the power of delegation.
Jurisdiction delegated by the Holy See can be sub- delegated, either for one act or also habitually, unless the person was delegated for reason of personal aptitude (in- dustria personae), or subdelegation was forbidden.
Jurisdiction delegated for a universality of cases by an Ordinary inferior to the Roman Pontiff can be subdelegated in individual cases.
In all other delegations the delegated jurisdiction can not be subdelegated except the power to subdelegate has
ORDINARY AND DELEGATED JURISDICTION 31
been expressly granted. Acts that do not import jurisdic tion can be subdelegated by delegated judges even though subdelegation was not expressly conceded.
No subdelegated jurisdiction can be further subdele gated, unless this power has been explicitly granted. (Canon 199.)
131. The ordinary power of jurisdiction and the juris diction delegated for the universality of cases is to be inter preted liberally; all other jurisdiction strictly. To whom, however, jurisdiction has been delegated, to him it is under stood all such power has been given as is necessary to make his jurisdiction effective. He who claims to possess dele gated jurisdiction has the burden of proving his delegation. (Canon 200.)
132. The power of jurisdiction can be exercised directly over subjects only.
The judicial power, both ordinary and delegated, can not be exercised for one's own comfort nor outside the proper territory. For exceptions Canons 401, 1; 881, 2; and 1637 are to be considered.
The non-judicial or so-called voluntary jurisdiction can be exercised even in one's own favor, and made use of even outside one's territory, and in favor of a subject who is out side the territory, unless the nature of the case or the posi tive rules of law forbid such use of jurisdiction. According to this rule a bishop can give various faculties to one of his priests even though the bishop is outside his diocese, and he can give them to his priests even though they be absent from the diocese. Faculties, unless restricted by law, or by the one conceding them, can be used also outside the diocese of the bishop who granted them. The faculties granted to their priests by bishops in virtue of the five or ten years' fac ulties they formerly received from the Holy See were, as a rule, granted to priests only as long as they worked in the diocese. Whether certain absolutions from censures and other faculties could be exercised by the priests also while they were for a time outside their own diocese depended on the wording of the faculties. Many of the papal faculties were granted even to the bishops with the restriction that they could not make use of them outside the limits of their
32 THE NEW CANON LAW
diocese. (Canon 201.) Cf. No. 900 on the revocation of these faculties.
133. An act of jurisdiction in the external forum, whether ordinary or delegated, holds also for the internal forum. The act of one having jurisdiction for the internal forum only does not hold in the external forum.
Jurisdiction given for the internal forum can be exer cised also out of confession, unless the faculty is restricted to the sacramental forum.
If the wording of the faculty does not mention the forum, it is considered as given for both the internal and ex ternal forum, unless the nature of the faculty indicates the contrary. (Canon 202.)
134. The delegate who acts beyond his mandate, either as to the matters or the persons over which he received power, acts invalidly. The delegate, however, is not to be considered to have exceeded the limits of his delegation if only the manner in which he transacted the affair is contrary to the wishes of the one who delegated him, unless the way how to proceed was prescribed as a condition of the dele gation. (Canon 203.)
135. If a person applies to a higher superior, passing the inferior, the so-called voluntary jurisdiction of the in ferior, i. e. such as is exercised outside judicial proceedings, is not thereby suspended, whether he has ordinary or dele gated power. He shall, however, not interfere when the matter has been brought to the higher superior except for grave and urgent reasons, in which case he shall immediately notify the superior. (Canon 204.)
136. If several individuals have received delegated power concerning the same affair and doubt arises whether the delegation was given in solidum, or collegialiter, it is to be considered given in solidum in matters that do not require judicial proceedings, as collegialiter in matters of judicial proceedings.
If several persons are delegated in solidum, he who first makes use of the power in the case excludes the others so that they no longer have power, unless the first is after wards impeded, or does not wish to continue to act in the affair.
ORDINARY AND DELEGATED JURISDICTION 33
If several persons are delegated coUegialiter, all must act together in the case in order that their action may be valid, unless in the faculty other provisions are made. (Canon 205.)
137. If several persons have been delegated for the same affair but at different times, the one first delegated in order of time must attend to the affair unless the later dele gation explicitly revoked the former. (Canon 206.)
138. The delegated jurisdiction ceases in the following ways : when the mandate has been complied with ; when the time has expired or the number of cases is exhausted; when the motive for wrhich delegation was given has ceased; by recall of the delegation made known to the one delegated by the superior; by renunciation of the delegate and acceptance of the same by the superior; but delegated jurisdiction does not cease by the passing out of office of the one delegating, except in the case mentioned in Canon 61. Cf. No. 46.
Jurisdiction granted for the internal forum is still validly exercised if through inadvertence the priest has not no ticed that the time for his faculties has expired or that he had used up the number of cases for which he had faculties.
When several persons are delegated colJcgialiter, all lose their jurisdiction by the fact that one is absent, dies, refuses to act, etc.. unless the contrary is stated in the document of delegation. (Canon 207.)
139. As stated in Canon 183, § 2, the ordinary jurisdiction does not cease on account of the death, etc., of the one con ceding the office. When the office is lost, the ordinary juris diction attached to it is likewise lost. The ordinary juris diction is suspended in the case of legitimate appeal, unless the appeal is only in devolutivo. (Canon 208.) Exceptions to this Canon are found in Canons 2264 and 2284.
140. The Church supplies jurisdiction both for the ex ternal and the internal forum (1) in common error, (2) in a positive and probable doubt of fact as well as of law. (Canon 209.) The former teaching of authors concerning supplied jurisdiction, especially as to the titulus coloratus, etc., must be corrected to agree with this Canon.
141. The power of orders which has been attached to an office by the legitimate ecclesiastical superior or been
34 THE NEW CANON LAW
committed to a person by him, cannot be delegated to others, unless the law or the indult explicitly allows dele gation. (Canon 210.)
TITLE VI. Reduction of Clerics to the State of the Laity.
142. Though the sacred ordination once validly re ceived cannot be invalidated, nevertheless a cleric in major orders may be reduced to the state of the laity by rescript of the Holy See, or by the decree or sentence of the ecclesi astical court according to Canon 214, and, finally, by the penalty of degradation.
A cleric in minor orders may be reduced to the state of the laity not only by the very fact of committing actions to which the law attaches loss of the clerical state, but also by his own free will under condition that he request the Ordinary to allow him to return to the lay state ; or the Ordinary may of his own accord issue a declaration to that effect when he prudently judges that the cleric could not, with due respect for the clerical state, be promoted to sacred orders. (Canon 211.)
143. If a cleric in minor orders has for any reason re turned to the state of the laity, he can again be admitted to the clergy with the permission of the Ordinary into whose diocese he was incardinated by the orders. The Ordinary, however, should not grant permission except after a dili gent inquiry concerning the life and morals of the indivi dual and after a trial the length of which is to be determined by the same bishop.
A cleric in major orders who has returned to the lay state cannot be admitted again to the clerical state except by permission of the Holy See. (Canon 212.)
144. All clerics who have been legally reduced, or have returned with permission, to the state of the laity thereby lose the offices, benefices, rights and privileges of clerics and are forbidden to wear the cassock and the ton sure. A cleric in major orders, however, is held to celibacy, saving the exception made in the following Canon. (Canon
CLERICS INDIVIDUALLY 35
145. The cleric who received a major order out of grave fear may by the sentence of the ecclesiastical judge be reduced to the state of the laity, provided he can prove that he was ordained in fear and has not ratified the ordi nation afterwards, at least tacitly, by the exercise of the order with the intention of subjecting himself to the obli gations of the major orders. He is then free from the obli gation of celibacy and from the duty of saying the breviary. The want of liberty and absence of ratification must be proved according to the rules of Canons 1993-1998. (Canon 214.)
SECTION II.
Clerics Individually.
146. The Supreme Authority alone can erect ecclesi astical provinces, dioceses, abbeys or prelatures nullius, vi- cariates apostolic, prefectures apostolic; or change their limits, divide, unite, suppress them.
In law the term of diocese refers also to abbeys or pre latures nullius, and the name of bishop also to the abbot or the prelate nullius, unless the nature of the case or the con text of the law show the contrary. (Canon 215.)
147. The territory of each diocese shall be divided in to distinct territorial sections and each section shall have its own church to which the Catholic population of the dis trict shall be assigned. Such a church is presided over by a rector as the proper pastor for the necessary care of souls.
In like manner shall the vicariates and prefectures apos tolic be divided where it can conveniently be done.
The parts or sections of a diocese are called parishes; those of vicariates and prefectures apostolic are called quasi- parishes, and the priests assigned to the quasi-parishes are called quasi-pastors.
Without special permission from the Holy See parishes may not be established that are not divided by territory but by the difference of language of the people in the same town or city. It is likewise forbidden to establish purely personal parishes, i. e., for certain classes of people, or parishes for cer tain families. As to already established parishes of the kind
36 THE NEW CANON LAW
mentioned in this Canon nothing shall be changed without consulting the Holy See.
This law of the new Code does away with the differ ence between pastors of European countries and those of countries like the United States; both are equally pastors, no matter whether they are irremovable or otherwise, whether they have a fixed income or get their salary from the voluntary offerings of the faithful. For many centuries past the immovability from office and the endowment of the church were considered essential to a pastorship in the strict sense of the word. In more recent decrees concern ing pastors there has been a noticeable tendency not to in sist so much on the irremovable feature of the office. The condition of the Church in many countries at the present time makes it impossible to have a benefice connected with the parish. The benefice, consisting of lands and houses belonging to the church, from the rent of which the pastor drew his living, was made impossible in countries where either the government has taken the property with which the Catholic people had endowed the churches in the course of centuries, or the Church is laboring under difficulties among a scattered Catholic population, so that endowments are impracticable or impossible. (Canon 216.)
148. The bishop shall divide his diocese into regions or districts consisting of several parishes, which districts are known under the names of vicariatus foranei, decanatus (our deaneries), archipresbyteratus, etc.
If this division should on account of peculiar circum stances be impossible or inopportune, the bishop must con sult the Holy See, unless provision has already been made by Rome. (Canon 217.)
TITLE VII.
The Supreme Authority and Those who by Law Share in it.
CHAPTER I. The Roman Pontiff.
149. The Roman Pontiff as the successor of the Pri macy of St. Peter, has not only the prerogative of honor
THE GENERAL COUNCIL 37
but also the supreme and full power of jurisdiction over the universal Church, in matters of faith and morals as well as in those that pertain to the discipline and government of the Church that extends itself throughout the whole world. This power is truly episcopal, ordinary and immediate, and extends over each and every pastor as well as over the faithful, and is independent from any human authority. (Canon 218.)
150. The Roman Pontiff after his legitimate election obtains at once, from the moment he accepts the election, by Divine right the full power of his supreme jurisdiction. (Canon 219.)
151. Affairs of greater importance, which are reserved exclusively to the Roman Pontiff either by their very na ture or by law, are called causae ma j ores. (Canon 220.)
152. If the Roman Pontiff should resign his office, it is not necessary for validity that the Cardinals or any others accept the renunciation. (Canon 221.)
CHAPTER II. The General Council.
153. There can be no General Council unless it is con voked by the Roman Pontiff. It is the right of the Roman Pontiff to preside, either in person or through others, at the General Council, to determine the matters to be discussed and in what order, to transfer, suspend, dissolve the Council, and to confirm its decrees. (Canon 222.)
154. There are to be called to the General Council the following persons who shall have a decisive vote :
1. The Cardinals of the Holy Roman Church, even those who are not bishops.
2. The patriarchs, primates, archbishops, residential bishops, even those not yet consecrated.
3. The abbots and prelates nullius.
4. The abbot Primas, abbots who are superiors of Monastic Congregations, and the supreme heads of clerical exempt Orders of religious. The superiors general of other religious bodies are not to be called, unless the bull of con vocation explicitly states that they are to be called.
38 THE NEW CANON LAW,
If titular bishops are called to the General Council, they have a decisive vote, unless it is otherwise stated in the convocation. The theologians and experts of the sacred Canons who may be invited to the General Council have but a consultive vote. (Canon 223.)
155. If any one of those called to the Council, who according to the foregoing Canon have a right to be present, cannot come on account of some just impediment, he may send a procurator and prove the impediment. If the procur ator is one of the Fathers of the Council, he shall not have a double vote; if he is not, he shall be allowed to be present only at the public sessions, but without a vote. When the Council is finished he is entitled to subscribe his name to the acts of the Council. (Canon 224.)
156. No one of those who must be present at the Council will be allowed to leave before the Council is law fully finished, unless the president of the Council shall have investigated and approved of the reason for leaving and have granted permission to leave. (Canon 225.)
157. The Fathers of the Council may add other ques tions to those proposed by the Roman Pontiff, but they must previously have been approved by the president of the Council. (Canon 226.)
158. The decrees of the Council. have no definite bind ing force, unless they shall have been confirmed by the Ro man Pontiff and promulgated by his orders. (Canon 227.)
159. The General Council has supreme jurisdiction in the whole Church. From the judgment of the Roman Pon tiff there is no appeal to the General Council. (Canon 228.)
160. If it happens that the Roman Pontiff dies during the celebration of the Council, the Council is by that very fact suspended until the new Pontiff shall have ordered its reassumption and continuation. (Canon 229.)
CHAPTER III. The Cardinals of the Holy Roman Church.
Canons 230-241 treat of the creation, the rights and duties of Cardinals.
161. Canon 239 contains the privileges and faculties
THE CARDINALS OF THE HOLY ROMAN CHURCH 39
which are granted to the Cardinals of the Church from the time when their promotion to the cardinalate is published in a consistory by the Roman Pontiff, and from that time they obtain the right to vote at the election of the Roman Pontiff. If the Roman Pontiff announces the creation of a Cardinal but reserves the name in pectore, as it is called, the one who has been thus promoted does not in the mean time enjoy any of the rights and privileges of Cardinals, but after his name has been made public by the Roman Pontiff, he participates in them from the time of publication, but he takes precedence from the time his elevation was an nounced as reserved in pectore. (Cf. Canon 233.)
The list of privileges, besides others scattered through the Canons, is as follows :
1. To hear confessions in the whole world, also of the religious of either sex, and to absolve their penitents from all reserved sins and censures, with the exception of those reserved to the Holy See specialissimo modo and the cen sures incurred by revealing secrets of the Congregation of the Holy Office.
2. To choose for themselves and their servants a priest as confessor who, if he should not have jurisdiction, obtains it by the very fact that the Cardinal appoints him as con fessor, and who also has the faculty to absolve from all re served sins and censures as stated in the preceding paragraph.
3. To preach the Word of God everywhere.
4. To celebrate, or to allow another to celebrate in his presence, one Holy Mass on Holy Thursday and three Holy Masses on Christmas night.
5. To bless everywhere, by the Sign of the Cross alone, rosaries and other crowns of prayer, crosses, medals, statues, all scapulars approved by the Holy See, and to im pose them without the obligation of having the names in scribed and to attach all the indulgences to these sacred objects which the Holy See usually grants.
6. To erect the Stations of the Way of the Cross with one blessing in churches, oratories, even private ones, and in other pious places, with all the indulgences granted to those who make this devout exercise ; to bless crucifixes with the indulgences of the Way of the Cross for the use of the
40 THE NEW CANON LAW
sick and those who are in any other way legitimately im peded from making the Stations in a place where they are erected.
7. To say Holy Mass on a portable altar, not only in their own residences but wherever they actually stay, and to allow that another Mass is said in their presence.
8. To celebrate on the ocean observing the proper pre cautions.
9. To say Holy Mass in any church or oratory in con formity with their own calendar.
10. To have each day the personal indult of the privi leged altar.
11. To gain in their own oratories the indulgences for the gaining of which is prescribed a visit to some church or shrine of the town or city in which the Cardinal actually stays, and his servants participate in this indult.
12. To bless the people in any place with the episcopal benediction, but in the City of Rome only in churches, pious institutions and at gatherings of the faithful.
13. To wear the pectoral cross over the mozeta like the bishops and to use the mitre and crozier.
14. To celebrate Holy Mass in any private oratory without prejudice to the one who enjoys the indult.
15. To exercise pontifical functions with throne and canopy in all churches outside the City of Rome; if the Car dinal wishes to make use of the pontificals in a cathedral, he shall previously advise the Ordinary of the fact.
16. To receive everywhere the honors which are usu ally bestowed on the local Ordinaries.
17. To authenticate in the external forum the oral pro nouncements of the Supreme Pontiff.
18. To have a private oratory which is exempt from the visitation of the Ordinary.
19. To freely dispose, also by last will, of the revenue of their benefice, saving the exception contained in Canon 1298. This Canon which refers to Cardinals who reside in the City of Rome, is quoted below.
20. To consecrate and bless everywhere churches, al tars, sacred utensils, abbots, and exercise similar functions,
THE ROMAN CURIA 41
with the exception of the consecration of the holy oils, if the Cardinal is not ordained bishop, observing the pre scribed regulations and the law of Canon 1157, which rules that notwithstanding any privilege, no one can bless or con secrate a sacred place without the consent of the Ordinary.
21. To have precedence over all prelates and patriarchs and even the papal legates themselves, unless the legate be a Cardinal residing in his own territory; a Cardinal Legate a latere outside the City of Rome precedes all other pre lates.
22. To confer the first tonsure and minor orders, pro vided the candidates have the dismissorial letters of their own Ordinary.
23. To confer the Sacrament of Confirmation with the obligation of having the names of those confirmed entered in the record as required by law.
24. To grant an indulgence of two hundred days, to be gained toties quoties, in places or institutions for persons under his jurisdiction or protectorate; also in all other places, but to be gained by those present only and once only each time, (Canon 239.)
CHAPTER IV. The Roman Curia.
162. The Roman Curia consists of the Sacred Congre gations, Tribunals and Offices as described in the following Canons. (Canon 242.)
163. In each of the Congregations, tribunals and of fices the laws and rules for transacting business shall be fol lowed which are either in general or for each in particular given by the Roman Pontiff. All who belong to any of the Congregations, tribunals and offices of the Roman Curia are held to secrecy within the limits and according to the laws laid down for each. (Canon 243.)
164. Nothing of importance shall be transacted in these Congregations, tribunals and offices without the moderator of them having notified the Roman Pontiff of the affair.
All favors and all decrees need the approval of the Pope, except those affairs for which special faculties have been
42 THE NEW CANON LAW
given to the moderators of the offices, tribunals and Con gregations; the sentences of the tribunals of the Roman Rota and of the Apostolic Signatura also do not need the Pope's approval. (Canon 244.)
165. If any controversy arises concerning the compe tency between the sacred Congregations, tribunals and offices of the Roman Curia, a committee of Cardinals which the Ro man Pontiff shall designate will decide the question. (Canon 245.)
Article I. The Roman Congregations.
166. Each of the Congregations is presided over by a Cardinal Prefect, or if the Roman Pontiff is himself the Pre fect of the Congregation, it shall be directed by a Cardinal Secretary. To the prefects are joined as many Cardinals as the Pontiff may think fit to assign, together with other necessary assistants. (Canon 246.)
167. The Congregation of the Holy Office, of which the Supreme Pontiff is the prefect, guards the doctrines on faith and morals.
It judges crimes which according to its own proper law are reserved to it, with the power to judge these criminal cases not only in the case of appeals from the court of the local Ordinaries, but also in the first instance, if the case has been directly brought before this Congregation.
It has exclusive jurisdiction in cases concerning the Pauline privilege in marriage, disparity of cult and mixed religion, and to this Congregation belongs the power to dis pense from these impediments. It is left to the judgment of the Congregation to give the case over to another Con gregation or to the tribunal of the Roman Rota.
All questions of forbidden books are subject to this Con gregation.
The eucharistic fast for priests who say Holy Mass is exclusively subject to this Congregation. (Canon 247.)
168. The Consistorial Congregation has the Roman Pontiff as Prefect. The Cardinal Secretary of the Holy Of fice, the Prefect of the Congregation of Seminaries and Uni versities and the Secretary of State belong ex officio to this Congregation. Among the consultors of the Consistorial
THE ROMAN CONGREGATIONS 43
Congregation are numbered the Assessor of the Holy Office, the Secretary of the Congregation for Extraordinary Affairs of the Church, and the Secretary of the Congregation of Seminaries and Universities.
This Congregation prepares the matters to be treated in the consistory, it appoints bishops, coadjutor and auxiliary bishops, erects and divides dioceses, in districts not subject to the Propaganda, and receives and examines the reports of the bishops on the state and condition of their respective dioceses. (Canon 248.)
169. The Congregation of the Sacraments has charge of the disciplinary regulations concerning the seven Sacra ments, with the exception of what is reserved to the Holy Office in Canon 247 and to the Congregation of Rites. Dis pensations from marriage impediments and dispensations in other Sacraments are under the jurisdiction of this Congre gation, except what is given expressly to other Congrega tions. The question of the matrimonium inconsummatum, examination of reasons for granting the dispensation and whatever is connected with it belongs to this Congregation. Also questions concerning the validity of marriage, of sacred orders and of other Sacraments, can be brought before this Congregation which according to its own judgment may turn the cases over to the tribunal of the Roman Rota. (Canon 249.)
170. The Congregation of the Council has charge of the entire discipline of the secular clergy and the Christian people. The observance of the precepts of the Church, con duct of the pastors and of canons of cathedral and collegiate chapters, pious sodalities and unions, even those in charge of religious, pious legacies, institutions of charity, Mass sti pends, benefices and offices, church property, diocesan taxes, taxes of the episcopal curias, are subject to this Congre gation.
The celebration and approval of Provincial and National Councils and meetings of bishops outside of places subject to the Propaganda. (Canon 250.)
171. The Congregation of the Religious has exclusive jurisdiction over the Religious Orders and congregations, and over communities which, even if they have no vows, lead a
44 THE NEW CANON LAW
community life after the manner of the religious. The gov ernment, discipline, studies, goods and property, privileges, dispensations from the common law of the Church for the religious, with the exception of the eucharistic fast for the celebration of Holy Mass, are subject to this Congregation. In districts subject to the Propaganda certain of these rights are given to that Congregation as is stated in the following Canon. (Canon 251.)
172. The Congregation of the Propagation of the Faith has charge of the Catholic missions for the spread of the faith, and whatever is connected with and necessary for the management of the missons. Councils held in mission ary countries are subject to the Propaganda. Its jurisdiction is limited to those districts where either the hierarchy is not yet established, or, if established, is still in its initial stage. Societies and seminaries founded exclusively for the training of missionaries are under the jurisdiction of the Propaganda.
The Propaganda is held to refer to the competent Con gregations the cases concerning faith, marriage or general rules of the sacred liturgy and interpretation of liturgical laws.
As regards the religious, the Propaganda has jurisdic tion over them in as far as they are missionaries, individually and collectively; in their character as religious they are under the jurisdiction of the Congregation of the Religious. (Canon 252.)
173. The Congregation of Sacred Rites has authority to watch over and regulate the sacred rites and ceremonies of the Latin Rite. Whatever belongs only remotely to the sacred rites, as, for instance, the rights of precedence, and rights of that kind, is not subject to the Congregation of Sacred Rites. The Congregation grants exemptions from the liturgical laws, insignia to be worn at the sacred func tions, and other privileges of honor.
The causes of beatification and canonization, and all questions concerning sacred relics, are subject to the Con gregation of Sacred Rites. (Canon 253.)
174. The Ceremonial Congregation regulates the cere monies in the pontifical chapel and the papal court, and the
THE ROMAN CONGREGATIONS 45
sacred functions which the Cardinals perform outside the papal chapel. This Congregation decides the questions of precedence among the Cardinals, as well as of the legates whom the various nations send to the Holy See. (Canon 254.)
175. The Congregation for Extraordinary Affairs of
the Church has jurisdiction to constitute, divide dioceses and appoint bishops in those instances where the civil gov ernments have to be dealt with. It also has to handle those cases that the Supreme Pontiff through the Secretary of State may turn over to this Congregation, especially matters that refer to the civil laws and to agreements of the Holy See with the various nations. (Canon 255.)
176. The Congregation of Seminary and University Studies has jurisdiction over the government, discipline, temporal administration and studies in seminaries, except those in charge of the Propaganda. The universities which are under the jurisdiction of the Church are in their govern ment and in their studies subject to this Congregation, in cluding those that are directed by some religious body. It approves new universities, gives authority to confer aca demical degrees and prescribes the requisites for conferring the degrees, and when there is question of a man distin guished for exceptional learning, it may itself confer on him degrees.
The Cardinal Secretary of the Consistorial Congrega tion, among other Cardinals, belongs to the Congregation of Seminaries and Universities and the Assessor of the Con sistorial Congregation belongs to its consultors. (Canon 256.)
177. The Congregation for the Oriental Church has for its Prefect the Roman Pontiff. To this Congregation are reserved all affairs of any kind referring to persons, disci pline and Rites of the Oriental Churches, even those of a mixed nature, that is to say, such as affect partly a Catholic of the Oriental and partly a Catholic of the Latin Rite, e. g. in marriages between Catholics of the Latin and the Oriental Rite, or an Oriental Priest celebrating Holy Mass in a church of the Latin Rite, and vice versa.
The Congregation for the Oriental Church has for the
46 THE NEW CANON LAW
Churches of the Oriental Rite all the powers of the other Congregations combined, saving the jurisdiction of the Holy Office, as stated in Canon 247. (Canon 257.)
Article II. Tribunals of the Roman Curia.
178. The Sacred Penitentiary is presided over by a Cardinal called the Major Poenitentiarius. The jurisdiction of this tribunal is limited to affairs concerning the internal forum, both sacramental and non-sacramental. It grants favors for the internal forum exclusively, as for instance, absolutions, dispensations, commutations, sanations, con donations. The Sacred Penitentiary does, moreover, dis cuss and decide questions of conscience.
The use and concession of Indulgences is also subject to the Sacred Penitentiary, saving the right of the Holy Office to decide dogmatic questions on Indulgences and in- dulgenced prayers and devotions. (Canon 258.)
179. The tribunals of The Roman Rota and The Sig- natura Apostolica decide cases that must be settled by can onical trial, within the limits and according to the rules laid down in Canons 1598-1605. (Canon 259.)
Article III. Offices of the Roman Curia.
180. The Apostolic Chancery, in charge of the Cardi nal Chancellor of the Holy Roman Church, has the duty of drawing up and mailing the Apostolic Letters or Bulls for the appointment to benefices and offices made in consistory, for the erection of new provinces, dioceses, and chapters, and for other, more important, affairs of the Church.
Such letters and bulls must not be written except by orders of the Consistorial Congregation in those matters over which it has authority, or by order of the Supreme Pontiff in other affairs, and the instructions given in each individual case must be observed. (Canon 260.)
181. The Apostolic Dataria, in charge of the Cardinal Datarius of the Holy Roman Church, has the office of in vestigating the qualifications of candidates to be promoted to non-consistorial benefices reserved to the Holy See; to draw up and send out the Apostolic letters of appointment Jo these benefices; to exempt in conferring the benefices
LEGATES OF THE ROMAN PONTIFF 47
from conditions required, when the conferring does not be long to the Ordinary; to take care of the pensions and ob ligations which the Supreme Pontiff may impose in the appointment to the aforesaid benefices. (Canon 261.)
182. The Camera Apostolica, in charge of the Cardi nal Camerarius of the Holy Roman Church, has the care and administration of the temporal goods and rights of the Holy See, especially for the time of vacancy, in which case the laws of the Constitution of Pope Pius X., Vacante Sede Apostolica, of December 25, 1904, must be observed. (Canon 262.)
183. The Secretariate of State, in charge of the Car dinal Secretary of State, consists of three divisions :
1. The first division, presided over by the Secretary of the Congregation for Extraordinary Affairs, attends to those matters which must be subjected for examination to that Congregation according to Canon 255.
2. The second division, under the direction of the Substitutus, attends to daily business.
3. The third division is under the direction of the Chancellor of Apostolic Breves and attends to the drawing up and mailing of Breves. (Canon 263.)
184. The Secretariate of Breves to Princes and of Latin Letters has the office of writing in Latin the acts of the Supreme Pontiff which he may commit to it. (Canon 264.)
CHAPTER V.
Legates of the Roman Pontiff.
185. The Roman Pontiff has the right, independently of any civil power, to send legates to any part of the world, either with or without ecclesiastical jurisdiction. (Canon 265.)
186. The Papal Legate is called Legate a latere when the Supreme Pontiff sends out a Cardinal with this title to impersonate him like another "ego" and he has such facul ties as the Pope may give him. (Canon 266.)
187. Legates who are sent with the title of Nuntius or Internuntius :
1. Maintain according to the accepted rules of the
43 THE NEW CANON LAW
Holy See the relations between the Holy See and the civil government of the country where they act as permanent legates ;
2. In the territory assigned to them they must watch over the condition of the Church and make report to the Roman Pontiff;
3. Besides these two, ordinary, powers, they usually receive other faculties which are in the nature of delegated jurisdiction ;
Those who are sent with the title Delegate Apostolic have but one ordinary office or power, viz. that of watching over the Church and informing the Holy See. They do not stand in any official relation to the government. Other powers are granted to them by the Holy See in the form of delegated faculties. (Canon 267.)
188. The office of the legates, with all the faculties committed to them, does not expire at the vacancy of the Holy See, unless the contrary should be stated in the papal letters. It ceases, however, when the object for which they were sent is accomplished, by revocation made known to the Legate, and by renunciation accepted by the Roman Pontiff. (Canon 268.)
189. The legates are not to impede the free exercise of jurisdiction of the local Ordinaries.
Though the legates may perhaps not be consecrated bishops, they precede all Ordinaries except Cardinals.
If they are bishops, they can without permission of the Ordinaries bless the people and perform the liturgical func tion in pontificals, using also throne and canopy in all churches, except the cathedral. (Canon 269.)
190. Bishops who on account of their see have the title of Apostolic Legates, do not thereby acquire any special right. (Canon 270.)
CHAPTER VI. Patriarchs, Primates, Metropolitans.
Canons 271-280 speak of these dignitaries of the Church, he title of Patriarch and of Primate does not denote su perior jurisdiction but merely the honor of precedence The
PLENARY AND PROVINCIAL COUNCILS 49
Patriarchs precede Primates, the Primates precede the Met ropolitans, the Metropolitans precede the bishops. In his own diocese, however, the bishop precedes all archbishops and bishops except Cardinals, Papal Legates and his own Metropolitan. (Canons 271 and 280.)
191. The Metropolitan, or Archbishop, has the fol lowing rights of jurisdiction over the dioceses of the ecclesi astical province whose archbishop he is:
1. The Metropolitan can put into office those who have been presented for a benefice, if the suffragan bishop with out a just impediment neglects to do so within the time speci fied in law.
2. He can grant hundred days* indulgence, the same as in his own diocese.
3. Appoint the vicar capitular, according to conditions of Canon 432, §2.
4. Watch over the faithful observance of faith and dis cipline and report to the Roman Pontiff abuses in these matters.
5. To make the canonical visitation of the dioceses, if the suffragans neglect this duty, provided the Holy See has first judged of the case.
6. To exercise the pontificals in all churches, even those exempt, notifying the bishop beforehand if the arch bishop wants to celebrate with pontificals in the cathedral. He may bless the people like the bishop in his own diocese and have the cross carried before him. Other acts import ing jurisdiction the archbishop may not perform in the dio ceses of the suffragan bishops.
7. The archbishop receives appeals from the judicial sentences of the suffragans, and acts as the judge of the second instance.
8. He acts as judge of the first instance in cases con cerning the rights or the temporal goods of the bishop, ac cording to Canon 1572, §2. (Canon 274.)
CHAPTER VII.
Plenary and Provincial Councils.
Canons 281-292 treat of Plenary and Provincial Coun cils. Here are a few of the more important Canons :
50 THE NEW CANON LAW
192. The Ordinaries of several ecclesiastical provinces may meet in Plenary Council but they must first ask the permission of the Holy See, which will appoint a legate to convoke and preside over the Council. (Canon 281.)
193. At the Plenary Council must be present the fol lowing persons who have a decisive vote : besides the Papal Legate, the archbishops, the residential bishops who may send the coadjutor or auxiliary bishop to take their place, the apostolic administrators of dioceses, abbots or prelates nullius, vicars apostolic, prefects apostolic, vicars capitular.
Also titular bishops, staying in the territory where the Council is held, must, if called by the Papal Legate accord ing to his instructions, appear at the Council and they have a decisive vote, unless in the document of convocation other provisions are made.
Other persons, of either the secular or the regular cler gy, if invited to the Council, have only a consultive vote. (Canon 282.)
194. In each ecclesiastical province a Provincial Council shall be held at least every twenty years. (Canon 283.)
195. The archbishop, or, if he should be legitimately impeded, or if the see should be vacant, the oldest (in pro motion to the suffragan see) bishop shall appoint the place within the province where the Council is to be held, after he has consulted all those who have a right to assist with a decisive vote. The archiepiscopal church should not be neg lected, if there is no just cause why the Council should not be held there. The archbishop, or the oldest suffragan bishop, convokes the Council. (Canon 284.)
196. To the Provincial Council are to be called the following who have a decisive vote: all suffragan bishops, the abbots and prelates nullius and suffragan bishops who are not subject to any archbishop, and who have to choose with the approval of the Holy See the province to which they wish to belong; finally all others mentioned in Canon 282, are to be called.
Titular bishops who are staying in the province can be called by the president with the consent of the majority of those who have a decisive vote, and if they are called, they
ADMINISTRATORS APOSTOLIC 51
have a decisive vote unless the contrary is stated in the con vocation.
The cathedral Chapters, or diocesan consultors of those bishops who take part in the Council, should be invited to the Council and if invited, they should send two of the Chapter or two consultors selected by common vote, who shall have only a consultive vote in the Council.
The major superiors of clerical exempt Orders and of monastic congregations who live within the province must be invited, and if invited must either appear or give reason to the Council why they are prevented to come. These, however, as also others that might be called to the Council, have only a consultive vote. (Canon 286.)
197. The acts of the Plenary and the Provincial Coun cil must be subjected to the revision and approval of the Sacred Congregation of the Council before they are pub lished. (Canon 291.)
198. A conference of the bishops of each ecclesiastical province is to held at least every five years, to be called by the archbishop, or in case of vacancy of the archiepiscopal see or other impediment on the part of the archbishop, by the oldest suffragan. At the meeting the place for the next meeting should be agreed upon. (Canon 292.)
CHAPTER VIII. Vicars and Prefects Apostolic. (Canons 293-311.)
CHAPTER IX.
Administrators Apostolic.
199. The Holy See sometimes appoints for a canon- ically erected diocese an administrator apostolic, either while the bishop is still alive or when the see is vacant. (Canon 312.)
200. If the administrator apostolic is appointed for a diocese while the bishop is still in possession of the see, he takes canonical possession of the administration by showing his letters of nomination to the Chapter as well as to the bishop, if the latter is of sound mind.
If the see is vacant, or the bishop is not of sound mind,
52 THE NEW CANON LAW
or not residing in the diocese, the administrator apostolic takes possession in the same way as the bishop, according to Canon 334, §3. (Canon 313.)
201. The rights, duties and privileges of the adminis trator apostolic are either according to special instructions or to the following Canons. (Canon 314.)
202. The administrator apostolic who is permanently appointed has the same rights, honors and duties as the resi dential bishop.
If he is appointed temporarily, he has the same rights and duties as the vicar capitular. If the bishop is still in possession, he can nevertheless visit the diocese according to the rules of Canon Law, and he is not obliged to apply Holy Mass for the people which obligation rests with the bishop. (Canon 315.)
203. If the administrator apostolic is appointed to rule the diocese while the bishop retains his see, the jurisdiction of the bishop and of his vicar general is suspended. (Canon 316.)
204. If the administrator dies or is otherwise impeded from acting, the Holy See must be notified. (Canon 317.)
205. The jurisdiction of the administrator apostolic does not cease with the death of the Roman Pontiff or the bishop, but ceases when a bishop has legitimately taken possession of the vacant diocese according to Canon 334, §3. (Canon 318.)
CHAPTER X.
Inferior Prelates.
206. Prelates who rule over the clergy and people of a district that is separated from every other diocese are called either abbots or prelates nullius, i. e. of no diocese; abbots nullius, if their church is abbatial; prelates nullius, if their church is a secular prelacy.
The abbacy or prelacy nullius that does not consist of at least three parishes is ruled by special laws, and to such does not apply what the Canons state concerning abbacies and prelacies nullius. ( Canon 319.)
207. Abbots and prelates nullius have the same or dinary jurisdiction as the bishop. Even though they be not
BISHOPS S3
consecrated bishops they have the right to consecrate churches and immovable altars, give all blessings reserved to bishops, excepting only the pontifical blessing, consecrate chalices, patens, portable altars, with the holy oils blessed by a bishop, grant indulgences of fifty days, give Confirma tion, first tonsure and minor orders. Confer Canons 782, 3 and 957, 2. (Canon 323.)
208. The abbots and prelates nullius, though they be not consecrated bishops, can make use in their territory of the insignia of a bishop with throne and canopy and cele brate there the sacred functions according to the pontificate. The pectoral cross, the ring with the gem, and the purple cap, they may wear also outside their territory. (Canon 325.)
209. The rights and privileges of the domestic prelates of the Roman Pontiff, both those who have the title of pre lates and those who have not, are regulated by the laws and customs of the papal palace. (Canon 328.)
TITLE VIII. Episcopal Jurisdiction and Participants of the Same.
CHAPTER I. Bishops.
210. The bishops are the successors of the Apostles and are placed by Divine law over the individual churches, which they govern with ordinary authority under the author ity of the Roman Pontiff. They are freely appointed by the Pope. If some college has received the right to elect the bishop, Canon 321 shall be observed, which requires the absolute majority of votes of all those who have the right to vote. (Canon 329.)
211. Before a person is elevated to the episcopate, proof must be furnished in the manner prescribed by the Holy See that the individual is worthy. (Canon 330.)
212. The requisites of a candidate for the episcopate are:
1. He must be born of legitimate wedlock. (Even those legitimatized by subsequent marriage are excluded.)
54 THE NEW CANON LAW.
2. He must be at least thirty years of age.
3. He must have been ordained priest for at least five years.
4. He must be of good character, piety, zeal for souls, prudent and otherwise qualified to govern the diocese about which there is question.
5. He must be a doctor or licentiate in theology or Canon Law, in an institution of learning approved by the Holy See, or must at least be well versed in these sciences. If the candidate is a religious he must have received from the major superiors a similar degree, or at least have their testi mony certifying to his learning.
Also those who are elected, presented or designated for a bishopric by persons who have the privilege from the Holy See to elect, or present or designate, must have the aforesaid qualifications.
The Holy See has the exclusive right to pass judgment on the qualification of any candidate for the episcopate. (Canon 331.)
213. Every candidate to the episcopate, even those elected, presented or designated by the civil government, needs the canonical provision or institution in order to be the lawful bishop of a vacant diocese. The only one to in stitute a bishop is the Roman Pontiff. (Canon 332.)
214. Unless prevented by legitimate impediment, the person promoted to the episcopate, even though he be a Cardinal, must within three months from the receipt of the Apostolic letters receive the consecration and go to his dio cese within four months. (Canon 333.)
215. The residential bishops are the ordinary and im mediate pastors in the dioceses committed to them.
They cannot exercise their jurisdiction, either by them selves or through others, unless they have first taken canonical possession of the diocese. If they were vicars capitular, officials, economi in the diocese before their de signation to the bishopric they can continue to retain and exercise these offices.
They take canonical possession of the diocese as soon as they exhibit, in person or by a procurator, the Apostolic letters to the cathedral Chapter, the secretary of the Chapter
BISHOPS 55
or the chancellor of the Curia being present to make official entry of the fact in the acts of the diocese. In countries where there are no cathedral Chapters the diocesan con- suitors take the place of the Chapter. (Canon 334.)
216. The bishop has the right and the duty to govern the diocese in spiritual affairs as well as in temporal, and has to this end legislative, judicial and coercive power which must be exercised according to the laws of the sacred Canons.
The laws of the bishop begin to bind immediately when promulgated unless he provides otherwise in the same laws. The manner of promulgation is determined by the bishop himself. (Canon 335.)
217. The bishop must urge the observance of the laws of the Church and he cannot dispense with the common law except in as far as Canon 81 allows. (Canon 336.)
218. The bishop can everywhere in his diocese exer cise the pontifical functions, even in exempt places. Outside the diocese he cannot exercise pontifical functions except with at least the reasonably presumed consent of the Or dinary of the place, and, if there is question of an exempt church, the consent of the religious superior.
To exercise the pontificals means to perform those func tions in which according to the laws of liturgy the use of the pontifical insignia of the crozier and the mitre is de manded.
When the bishop grants to another the permission to exercise the pontificals in his diocese, he may also allow the use of the throne and the canopy. (Canon 337.)
219. The bishop is obliged to reside personally in the diocese, although he has a coadjutor bishop.
The bishop may not be absent from his diocese more than two or at most three months, either continuous or in terrupted, in a year. This is the time allowed for vacation; regarding the visit ad limina, absence to attend the Provin cial or Plenary Council, or on account of a civil office legiti mately connected with his church, such absence is not counted. In order, however, that the bishop may not be absent from his diocese for too long a period at one time, this Canon forbids to combine the months of vacation with,
56 THE NEW CANON LAW
and add them to, the time required for the visit ad limina, etc., and for a newly appointed bishop to add the vacation to the months allowed until he must take up his residence in the diocese.
The bishop should not be absent from the cathedral church in Advent, Lent, on Christmas, Easter, Pentecost, Corpus Christi, except for grave and urgent reasons. (Can on 338.)
220. The bishop must apply Holy Mass for the people of his diocese on all Sundays and holidays of obligation, also those suppressed.
On Christmas, or on Sundays on which a holiday of obligation falls, it is sufficient to apply one Holy Mass for the people.
If a holiday of obligation is transferred in such a way that on the day to which it is transferred not only the Mass and office but also the obligation of hearing Holy Mass and the duty to abstain from servile work is transferred, Holy Mass is to be applied for the people on the transferred day, otherwise on the day of the feast.
The bishop must on these days apply Holy Mass him self; if he is legitimately prevented from saying Holy Mass, he may have it applied by another. If he cannot do that, he must as soon as possible apply Holy Mass either himself or through another.
If a bishop has two dioceses that are united aeque prin- cipaliter, or in addition to his own diocese is administrator of another, he satisfies his obligation by applying one Holy Mass for all the people in his charge.
If the bishop should not have satisfied the obligation spoken of in this Canon, he shall as soon as possible supply the number of Masses omitted. (Canon 339.)
221. Every bishop is held to make report of the state of his diocese every five years according to the formulas issued by the Holy See.
The five years5 term is fixed and runs from January 1, 911. In the first year of the quinquennium report must be made by the bishops of Italy, the islands of Corsica, Sardi nia, Sicily, Melita, and the other small islands off the coast; m the second year the bishops of Spain, Portugal, France,
BISHOPS 57
Belgium, Holland, England, Scotland, Ireland with the ad jacent isles; in the third year the other bishops of Europe with the adjacent isles; in the fourth year the bishops of all America and the adjacent isles; in the fifth year the bishops of Africa, Asia, Australia and the islands in these parts of the world.
If the year assigned for the report should fall entirely or in part within the first two years of the bishop's reign of the diocese, the bishop may for that term abstain from send ing a report to the Holy See. (Canon 340.)
222. The bishops who are to make the report are to go to Rome that same year to venerate the tomb of the Holy Apostles SS. Peter and Paul, and to appear before the Roman Pontiff.
The bishops, however, who are outside of Europe have permission to make the visit ad limina every ten years. (Canon 341.)
223. The bishop must make the visit ad limina in per son or through his coadjutor if he has any, or for just rea sons, to be approved of by the Holy See, through a qualified priest who resides in the diocese of the bishop. (Canon 342.)
224. The bishop must visit the entire diocese at least once in five years either in person, or, if legitimately ex cused, through his vicar general, or another priest.
The bishop has the right to take two of the clergy, even those of the cathedral Chapter, or any other he may choose, as companions on his visitation. No contrary custom or privilege restricting this right of the bishop is recognized in law.
If the bishop neglects to hold the visitation the arch bishop has the right to interfere, according to Canon 274, nn. 4, 5. (Canon 343.)
225. To the visitation of the bishop are subject the persons, goods and pious institutions, even though exempt, within the limits of his diocese, unless special exemption is proved to have been granted them by the Holy See.
The bishop can visit the exempt religious only in the cases stated in law. (Canon 344.)
226. The visitor should proceed in a paternal manner concerning the object and purpose of the visitation. From
58 THE NEW CANON LAW.
the precepts and decrees given in the visitation there is al lowed only an appeal in devolutivo. In other cases, i. e. mat ters outside the scope of the visitation, the bishop, even at the time of visitation, must proceed according to the rules of law. The appeal in devolutivo means that the orders must be obeyed in the meantime even though a complaint regard ing their fairness or justice is sent to the higher authorities. '(Canon 345.)
227. The visitation should not be unduly prolonged, no unnecessary expense should be put on the places visited, and no donation should be allowed to be given either to the bishop or to any of the men accompanying the bishop. All contrary customs are disapproved. Concerning the living and traveling expenses for the bishop and his companions the legitimate custom of the various dioceses should be ad hered to. (Canon 346.)
228. In his own diocese the bishop precedes all arch bishops and bishops except his own archbishop, Cardinals and Papal Legates; while outside his own diocese the rules of Canon 106 are to be observed. (Canon 347.)
229. Titular bishops cannot exercise any act of juris diction in the diocese of their title, neither do they take possession of that diocese.
Charity should urge them to apply sometimes Holy Mass for the titular diocese but there is no obligation to do so. (Canon 348.)
230. The following privileges are granted to bishops, both residential and titular, from the time they receive authentic notification of the canonical promotion:
1. Besides other privileges mentioned in the various titles of the Code, they enjoy the privileges in Canon 239, §1, nn. 7-12; viz. to celebrate with the portable altar not only in their own residence, but wherever they travel, and to permit another Mass to be celebrated at which they assist; to celebrate on the ocean, observing due precautions; to celebrate in all churches and oratories Holy Mass according to their own calendar; to have the benefit of the personal privileged altar; to gain in their own private chapel those indulgences for which the visit to a church or public place of worship is prescribed in the town or city where they ac-
COADJUTORS AND AUXILIARY BISHOPS 59
tually stay, which privilege is shared by their servants; to bless the people after the manner of the bishops, but in the City of Rome in churches only and pious institutions and at gatherings of the faithful; n. 2 of the same Canon, viz. to elect a confessor for themselves and their servants who, if he should not have any jurisdiction, receives it by the very fact of being chosen, and has power to absolve from the re servations of the local Ordinary and from all papal reserved sins and censures with the exception of those specialissimo modo reserved and those that are incurred by the revelation of a secret of the Holy Office; n. 3 of Canon 239, viz. to preach the Word of God everywhere with at least the pre sumed consent of the local Ordinary; n. 4, viz. to celebrate, or to permit another to celebrate in their presence, one Holy Mass on Holy Thursday, and three Holy Masses at mid night on Christmas, provided they are not obliged to cele brate in their cathedral; nn. 5, 6, viz. to bless everywhere with the prescribed rites of the Church beads, rosaries and other crowns of prayer, crosses, medals, statues, scapulars approved by the Holy See with all the indulgences attached to these objects by the Holy See; to bless in churches, ora tories, even in private ones, and other pious places the Sta tions of the Way of the Cross; to bless crucifixes with the indulgences of the Way of the Cross for those who through sickness or other legitimate cause cannot make the Stations in places where they are erected.
They have the right to wear the episcopal insignia ac cording to the liturgical laws.
2. Residential bishops from the moment that they have taken possession of their diocese have the right, (1) to receive the income of the mensa episcopalis; (2) to grant fifty days' indulgence in places of their jurisdiction; (3) to erect in all churches of their diocese the throne with the canopy. (Canon 349.)
CHAPTER II. Coadjutors and Auxiliary Bishops.
231. The Roman Pontiff only can give to a bishop a coadjutor.
60 THE NEW CANON LAW
The coadjutor as a rule is given to the person of a bishop with the right of succession, sometimes also to the see.
The coadjutor given the person of the bishop without the right of succession is called by the special name of auxiliary. (Canon 350.)
232. The rights of the coadjutor given to the person of a bishop are to be learned from the Apostolic letters of ap pointment.
Unless otherwise stated in these letters, the coad jutor given a bishop who is quite incapacitated, has all the rights and duties of the bishop; in other cases he can exer cise only such duties as the bishop may commit to him.
What the coadjutor can do and is willing to do, the bishop should not habitually delegate to another.
The coadjutor has the duty to perform the pontifical and other functions which the bishop would have to per form himself as often as he is requested by his bishop and is able to attend to them. (Canon 351.)
233. The coadjutor who is given to the see can in the territory of the diocese exercise the functions of the episco pate, except the sacred ordination. In other affairs he can do only as much as has been committed to him either by the Holy See or by the bishop. (Canon 352.)
234. In order that the coadjutor may take canonical possession of his office it is necessary that he show his Apos tolic letters of appointment to the bishop.
The coadjutor with the right of succession and the coad jutor given to the see must, moreover, show the letters of appointment also to the Chapter (in countries where there are no Chapters, to the diocesan consultors) according to Canon 334, §3.
If the bishop's condition should have gone to such a stage that he is not capable of eliciting a human act, coadju tors of any kind need not show the letters to him but only to the Chapter. (Canon 353.)
235. Every coadjutor is bound, like the bishop him self, to reside in the diocese from which, outside of the period of vacation, as provided by Canon 338, he is not allowed to be absent except for a short time and with the permission of his bishop. (Canon 354.)
THE DIOCESAN SYNOD 61
236. The coadjutor with the right of succession be comes immediately at the vacancy of the bishopric the Or dinary of the diocese for which he was appointed, provided he took legitimate possession of his office according to Canon 353.
The office of the auxiliary expires with the office of the bishop, unless it is stated otherwise in the Apostolic letters of appointment.
If the coadjutor was given to the see, his office con tinues also when the see becomes vacant, (Canon 355.)
CHAPTER III. The Diocesan Synod.
237. The Diocesan Synod, to be held every ten years at least, is to treat such questions only as touch the partic ular needs of the clergy and people of that diocese. (Canon 356.)
238. The Diocesan Synod is convoked and presided over by the bishop, not by the vicar general except by spe cial mandate, nor by the vicar capitular. It is to be held in the cathedral, unless there is good reason to have it else where. (Canon 357.)
239. To the Synod must be called, with the duty to answer the call: (1) the vicar general; (2) the canons of the cathedral or the consultors; (3) the rector of the dio cesan seminary, at least of the major seminary; (4) the deans; (5) one deputee of each collegiate church to be chosen from among the members by the collegiate Chapter; (6) the pastors of the city where the Synod is being held; (7) one pastor at least from each deanery to be elected by all the priests of the district who ha've the care of souls (pastors and assistants), and the pastors must provide priests to take their places in their parishes during their absence; (8) the abbots who are actual superiors, and one of the superiors of each clerical order of those who live in the diocese, to be designated by the provincial. If the residence of the provin cial is in the diocese he may go to the Synod himself instead of sending one of the superiors.
If the bishop wishes he may call to the Synod also
62 THE NEW CANON LAW,
others, namely all the canons, pastors, religious superiors, even any of the secular priests of the diocese, provided enough priests are left to attend to the care of souls. Those invited have the right to vote just as the others, unless the bishop in the invitation states otherwise. (Canon 358.)
240. Those who must come to the Synod and are im peded by some legitimate impediment cannot send a pro curator in their place, but they must notify the bishop why they cannot come. Those who neglect to come to the Synod may be compelled by the bishop with just penalties, except exempt religious who are not pastors. (Canon 359.)
241. The bishop may before the Synod appoint commit tees who are to prepare the subjects for discussion in the Synod. Before the sessions open a schedule of the subjects to be discussed is to be given to all who answered the call to the Synod. (Canon 360.)
242. The proposed questions are to be submitted by the bishop, or the one presiding in his place, to the free dis cussion of the members of the Synod in the preliminary ses sions. (Canon 361.)
243. The bishop is the only legislator in the Synod, the others having only a consultive vote. He alone signs the laws passed in the Synod, which, if they are promulgated in the Synod, begin to go into force immediately, unless the bishop decrees otherwise. (Canon 362.)
CHAPTER IV. The Diocesan Curia.
244. The Diocesan Curia consist of those persons who assist the bishop, or the one who in place of the bishop rules the diocese, in the government of the diocese. To the Curia belong the vicar general, the official (cf. Can. 1573 as to his office and appointment), the chancellor, the pro- motor of justice, the defensor vinculi, the synodal judges and examiners, the parochial consultors, the auditors, notaries, cursors and the apparitors. (Canon 363.)
245. The nomination of those who are to hold the aforesaid offices and appointments should be done in writ ing, as Canon 159 demands.
THE VICAR GENERAL 63
Those nominated must (1) take an oath before the bishop that they will faithfully attend to their office without respect of persons; (2) transact their respective duties under the authority of the bishop according to the rules of law; (3) keep the secret within the bounds and according to the requirements of law or the command of the bishop. (Canon 364.)
246. Concerning the official, the promoter of justice, the defender of the marriage bond, the synodal judges, the auditors, cursors and apparitors, the laws of Canons 1573- 1593 shall be observed; the other officials are to be guided by the following Canons. (Canon 365.)
Article I. The Vicar General.
247. Whenever the proper government of the diocese demands it a vicar general is to be instituted by the bishop to assist him, with ordinary jurisdiction in the entire diocese.
The bishop does not need the consent of any one in the appointment of his vicar and he can remove him at will.
As a rule, there should be but one vicar general, un less either the diversities of Rites or the size of the diocese demand otherwise. If the vicar is absent or impeded to act, the bishop may appoint some one else to take his place. (Canon 366.)
248. The vicar general should be a priest of the secular clergy, at least thirty years of age, a doctor or licentiate in theology and Canon Law, or at least perfectly conversant with these subjects, and commendable for sound doctrine, probity of life, prudence and experience.
If the diocese has been committed to a Religious Order the vicar general may be an alumnus of the same Order.
The office of vicar general must not be given to the Canon Penitentiary, or to a blood relation of the bishop in the first or in the second degree mixed with the first, or, excepting the case of necessity, to a pastor and others hav ing the care of souls. The bishop is not forbidden to take the vicar from his own diocese even though he would have to take one of those whom this Canon does not desire to be appointed to that office. (Canon 367.)
249. The vicar general has by virtue of his office in
64 THE NEW CANON LAW
the entire diocese jurisdiction in spiritual and temporal mat ters to the extent of the bishop's ordinary jurisdiction, ex cepting only those affairs which the bishop has reserved to himself, or which by law demand a special mandate of the bishop.
Unless the law state otherwise, the vicar general can execute the rescripts of the Holy See which are sent to the bishop or his predecessor in the diocese, and in general he has the faculties which are habitually given to the Ordinary by the Holy See, as Canon 66 states. Habitual faculties are called all those that do not refer to one individual case, for Canon 66 calls habitual faculties not only those given in per- petuum, but also those for a definite period of time or a certain number of cases. The same Canon also states that, unless there is an exception made, all these faculties of the bishop are considered given also to the vicar general. (Can on 368.)
250. The vicar general should refer to the bishop the principal acts of the Curia, inform him of what has been, or is to be done, to safeguard discipline among the clergy and people. He should take care not to use his powers contrary to the good pleasure of the bishop. Canon 44, §2 decrees that a favor asked of and refused by the vicar general cannot be asked of the bishop without mentioning the appeal to, and refusal of, the vicar general, otherwise the bishop's con cession is null and void. A favor which was refused by the bishop cannot validly be granted by the vicar general, even though the refusal of the bishop is mentioned. (Canon 369.)
251. The vicar general has within the diocese prece dence over any other priests, even the dignitaries of the cathedral Chapter. The only ones who precede him are those who have the order of the episcopate, e. g. a titular bishop. If the vicar general is a titular bishop he has all the privileges of honor of these bishops; if he is not a bishop, he has during the time of his office the privileges and in signia of titular protonotary apostolic. The Protonotaries apostolic are not monsignori or domestic prelates. The cassock of titular protonotaries is black, as is also the silken sash which hangs down on the left side; this girdle may end in two tassels. The Protonotary may wear the rochettum
CHANCELLOR, NOTARIES, ARCHIVES 65
and black mantle. At Holy Mass and other solemn func tions he may use the extra candle on a small stand with a handle called the "Palmatoria" (Canon 370.)
252. The jurisdiction of the vicar general expires by resignation made according to the Canons 183-191, or by the revocation of the bishop made known to the vicar, or, finally, by the vacancy of the bishopric. If the bishop's juris diction is suspended, that of the vicar suffers the same fate. (Canon 371.)
Article II. The Chancellor, Other Notaries, the Episcopal
Archives.
253. In every Curia the bishop should appoint a chan cellor who must be a priest, and whose office is principally to keep the acts of the Curia in the archives, to arrange them in chronological order and make an index of the same. If needs be, he may have an assistant whose title shall be vice- chancellor. The chancellor is by his very office a notary. (Canon 372.)
254. The bishop may also appoint besides the chan cellor other notaries whose signature is recognized by the church in her courts. The bishop may appoint a notary either in general for all acts or for specified acts or occa sions only. He may also appoint lay men as notaries, if clerics are not available, but in criminal cases of the clergy the notary must be a priest. (Canon 373.)
255. The office of a notary is (1) to write the acts and transactions in judicial proceedings; (2) to faithfully consign to writing the proceedings, adding place, day, month and year, and his own signature; (3) to show to those who have a right to see them the acts and documents on file and to attest that copies agree with the original.
The notary cannot write acts outside the diocese where he is appointed as notary nor for affairs beyond his appoint ment. (Canon 374.)
256. The bishop should have a safe and convenient place for the archives of the diocese. A catalogue or index of all the documents with a summary of its contents should be carefully made. (Canon 375.)
66 THE NEW CANON LAW,
257. Each year within the first two months the cata logue should be brought up to date, classifying the docu ments of the past year. The Ordinary should inquire about the documents missing from the archives, and he has author ity to use any necessary means to have them returned. (Canon 376.)
258. The archives must be kept locked and no one else except the chancellor shall have a key to it. Without the permission of the bishop or the vicar general and the chancellor no one is allowed to enter the archives. (Canon 377.)
259. Without the bishop's or vicar general's permis sion no one is allowed to take any document out of the archives and they must be returned after three days. The Ordinary only may allow a longer period of time which, however, should not easily be granted. He who takes any document out of the archives must leave a signed receipt for it with the chancellor. (Canon 378.)
260. The bishop should also have a special place where are kept documents that should remain secret. Each year, as soon as possible, the documents of trials for bad behavior, the subjects of which have passed this life, or in whose case ten years have elapsed since their condemna tion, should be taken out of the archives and burnt. A brief summary of the case and the text of the definite sen tence should be preserved.
The secret archives should be so constructed that they can be opened only by the use of two different keys, one to be kept by the bishop or administrator apostolic, the other by the vicar general, or if there is no vicar, by the chancellor. Only the bishop may ask for the other key to open, without any witness, the secret archives. (Canon 379.)
261. The documents to be kept in the parochial or the episcopal Curia's archives and not of a secret character shall be free for inspection to any one interested; and per sons have the right to ask that a legal copy be made and given to them if they are willing to bear the expense.
The chancellors of the Curias, the pastors, and others, who are custodians of archives, shall in the communication
EXAMINERS AND CONSULTORS 67
of documents and in the writing out and giving them to others observe the rules given by the legitimate ecclesias tical authority and in doubtful cases the Ordinary of the place is to be consulted. (Canon 384.)
Article III. Synodal Examiners and Parochial Con- suitors.
262. In each diocese there must be synodal examiners and parochial consultors, who are all instituted in the synod, the bishop proposing, the synod approving them. There should be as many as the bishop judges necessary, not less, however, than four, and not more than twelve. (Canon 385.)
263. If any of the synodal examiners or the parochial consultors die, or otherwise go out of office, in the time between the synods, the bishop may appoint others, called pro-synodal, with the advice of the cathedral Chapter or the diocesan consultors. This rule should also be followed in appointing examiners and parochial consultors whenever no synod is held. (Canon 386.)
264. The examiners and parochial consultors, whether instituted -in the synod or outside of it, go out of office after ten years, or also sooner, if the synod is held. They can, however, finish an affair of their office which they had begun to handle, and they may be reappointed, provided the rules of law are observed. Those who are appointed in place of examiners or parochial consultors who go out of office before their term is up, remain in office only as long as those would have remained in whose place they were chosen. (Canon 387.)
265. They cannot be removed from office by the bishop except for a grave reason and with the advice of the cathedral Chapter, or the diocesan consultors. (Canon 388.)
266. The synodal examiners should faithfully lend their services, especially in the examinations for the ap pointment of pastors and in the trials, as prescribed in Canon 2147 and following. (Canon 389.)
For the examination of the candidates for ordination, and of priests to be approved for confessions or for preach-
68 THE NEW CANON LAW
ing, and for the yearly examination of the junior clergy, the bishop is free to either call the examiners or others.
267. The same person can be both examiner and parochial consultor, not, however, in the same case. (Canon 390.)
CHAPTER V. Chapters of Canons. (Canons 391-422.)
CHAPTER VI. Diocesan Consultors.
268. In those dioceses in which it has not yet been pos sible to institute, or to revive former, cathedral Chapters of canons, the bishop shall appoint diocesan consultors, except where the Holy See has given special laws to some diocese. (Canon 423.)
269. The consultors are nominated by the bishop, ob serving Canon 426. (Canon 424.)
270. There shall be at least six diocesan consultors; in dioceses where there are few priests at least four consultors, and all consultors must live either in the episcopal city or in nearby places.
Before they undertake this office, they must take an oath that they will faithfully attend to their office without respect of persons. (Canon 425.)
271. The office of consultors lasts for three years.
When the three years are up the bishop shall either ap point others, or reappoint the same ones for another term of three years, which rule shall be followed every triennium. If any of the consultors go out of office before their three years' term is up, the bishop shall appoint others in their place, with the advice of the other consultors as to who shall fill out the term. If the consultor's term expires during the vacancy of the bishopric, the consultors remain in office until the new bishop takes possession, and he is to provide within the first six months according to this Canon. If during the vacancy any one of the consultors dies or resigns, the vicar capitular (or the administrator) shall, with the consent of the other consultors, nominate a substitute who needs, however,
THE VICAR CAPITULAR 69
the confirmation of the bishop to continue in office after the new bishop has taken possession. (Canon 426.)
272. The body of diocesan consultors takes the place of the cathedral Chapters as the council of the bishop. What ever part the Canons give the cathedral Chapter in the gov ernment of the diocese either during the reign of the bishop or during a vacancy is to be also the part of the body of con- suitors. (Canon 427.)
273. During their term the consultors should not be re moved except for a just cause and with the advice of the other consultors, (Canon 428.)
CHAPTER VII.
Obstruction in the Government, Vacancy of the Episcopal See, the Vicar Capitular.
274. If the bishop is in captivity, or banished, exiled, or otherwise inhabilitated, so that he cannot even by letter communicate with the people of his diocese, the government of the diocese shall rest with the vicar general or another priest delegated by the bishop, unless the Holy See has made other provision.
The bishop may in such circumstances for grave reasons delegate several persons who are to succeed each other.
If all of them fail, or are impeded in any of the ways described above, the cathedral Chapter shall appoint a vicar who shall assume the government with the powers of vicar capitular.
Those called upon to assume the government of the dio cese in such circumstances, shall as soon as possible inform the Holy See of the state of affairs and of their having taken over the government.
If the bishop should have fallen into excommunication, interdict, or suspension, the archbishop, or in case of the archbishop being under censure, the oldest suffragan, shall at once have recourse to the Holy See that proper provision may be made. If there is question of bishops and prelates nullius who belong to no ecclesiastical province, but who have to choose an archbishop to whose jurisdiction they wish to belong for the purpose of Provincial Councils (cf. Canon
70 THE NEW CANON LAW
285), the archbishop thus chosen shall report to the Holy See. (Canon 429.)
275. The episcopal see becomes vacant by the death of the bishop, by renunciation accepted by the Roman Pontiff, by transfer, and by deprivation made known to the bishop.
Nevertheless, all acts of the vicar general are valid until he has received certain notice of the bishop's death; and, in the case of removal or transfer by the Holy See, all acts of the bishop or of his vicar general hold until official notice from the Roman Pontiff has reached them. Only appoint ments to benefices and offices are excepted from this rule.
In case of transfer of a bishop to another diocese, the bishop must within four months from the receipt of the no tice take possession of the new diocese, according to Canons 333, 334; and the diocese he leaves becomes fully vacant from the day the bishop takes possession of the new diocese. In the meantime the following rules govern: (1) the vicar capi tular has the right and duty of government, the power of the vicar general ceasing as soon as the notice from Rome ar rives; (2) the vicar capitular has the privileges of honor of residential bishops; (3) he receives all the income of the mensa episcopalis according to Canon 194, §2. (Canon 430.)
276. In case of vacancy the government of the diocese belongs to the cathedral Chapter, unless there is an Apostolic administrator or the Holy See has otherwise provided.
If by special arrangement of the Holy See the arch bishop, or another bishop, has the right to appoint an ad ministrator for a vacant diocese, such administrator has all those, and only those, faculties and powers which the vicar capitular has and he is held to the same obligations and penalties. (Canon 431.)
277. The cathedral Chapter must within eight days from the notice of the vacancy of the episcopal see elect the vicar capitular for the government of the diocese. If the Chapter neglects to do so within that time, the archbishop has the right to appoint the vicar capitular and in case of the metropolitan see, the oldest suffragan bishop. The same rule governs in the vacancy of independent dioceses or pre lacies nullius of which Canon 285 speaks. The cathedral Chapter shall as soon as possible notify the Holy See of
THE VICAR CAPITULAR 71
the vacancy and of the election of the vicar capitular. (Canon 432.)
278. Under pain of nullity the Chapter shall appoint only one vicar capitular by canonical election in which the absolute majority of votes suffices. (Canon 433.)
279. The vicar capitular must under pain of invalidity of the election be a priest, at least thirty years of age, and must not have been elected, nominated or presented to the Holy See for the bishopric by those having the right to elect, present, etc. If the election of the vicar capitular is invalid, the archbishop, or as the case may be, the oldest suffragan, has the right to appoint in that instance the vicar capitular. (Canon 434.)
280. The cathedral Chapter, and after his election the vicar capitular, have ordinary episcopal jurisdiction in all things spiritual and temporal, with the exception of those acts which are explicitly forbidden them in law. Wherefore they have all the rights enumerated in Canon 368, §2; they have power to allow any bishop to exercise the pontificals in the diocese and, if the vicar capitular is a bishop he can exercise them himself with the exception of the throne and the canopy. The vicar capitular and the Chapter are not allowed to do anything that might be prejudicial to the rights of the diocese or the future bishop, and they are specially forbidden to take away, destroy, conceal, or change, any of the documents of the episcopal curia. (Canon 435.)
281. During the vacancy no changes shall be made. (Canon 436.)
282. In the election of the vicar capitular the Chapter cannot retain for itself any part of jurisdiction, nor fix the time of duration of office of the vicar, nor attach any restric tions. (Canon 437.)
283. The vicar capitular having made the profession of faith demanded in Canons 1406-1408, obtains jurisdiction immediately and does not need any confirmation of his elec tion. (Canon 438.)
284. The rules of Canon 370 concerning the vicar general also apply to the vicar capitular. (Canon 439.)
285. The vicar capitular is obliged to reside within the
72 THE NEW CANON LAW
diocese, and to apply Holy Mass for the people according to the rules of Canons 338, 339. (Canon 440.)
286. Unless other rules have lawfully been made, the vicar capitular and the economus have the right (1) to a proper salary to be specified in the Provincial Council, or by acknowledged custom, from the income of the mensa episcopalis or other sources; (2) the rest of the income of the diocese should be reserved to the future bishop for the needs of the diocese, if it would have come to the bishop had he been in office. (Canon 441.)
287. The economus of the diocese shall have the ad ministration of the goods and revenue of the diocese, under the authority, however, of the vicar capitular. (Canon 442.)
288. The removal of the vicar capitular and of the economus is reserved to the Holy See. Their renunciation is to be handed in authentic form to the Chapter, but it is not necessary for its validity that the Chapter accept it. The appointment of a new vicar or an economus after the resig nation, death, or removal by the Holy See belongs to the Chapter after the manner of Canon 432. Their authority, moreover, expires from the moment the new bishop takes possession. (Canon 443.)
289. The new bishop has authority to demand an account from the vicar capitular, and from all officials of their actions during the vacancy, and to punish delinquents, even though the Chapter should have exonerated them. They must also give an account of documents belonging to the Church that came to them during the vacancy. (Canon 444,)
CHAPTER VIII. Deans.
290. A dean (vicarius foraneus) is a priest who presides over a deanery by appointment of the bishop. Cf. Canon 217. (Canon 445.)
291. The bishop should appoint to the office of dean worthy priests, especially from among the pastors. The dean may be removed at will by the bishop. (Canon 446.)
292. Besides the faculties which the diocesan statutes,
DEANS 73
or otherwise the bishop, may give them, they have the right and duty: (1) to watch over the clergy of their district in order that they live according to the laws of the Church, keep residence, attend to preaching and instruction of the children and the adults and fulfil their duty towards the sick and infirm; (2) to see to it that they fulfil the decrees and orders of the bishop issued at the time of visitation; (3) to see to it that the rules concerning the keeping of the Blessed Sacrament are observed; (4) that the Churches and what ever is used for Divine worship are kept in proper condi tion, that the laws of liturgy are observed in the Divine services, that the Church property is properly and faithfully administrated and the obligations annexed to Church endow ments, as for instance legacies of Masses, are attended to; that the Church records are properly kept.
In order to obtain knowledge of these matters the dean should at stated times, to be fixed by the bishop, visit the parishes.
It is the dean's duty to see to It as soon as he hears of the serious illness of any pastor of his district, that such a priest receives the necessary spiritual and temporal as sistance, and, in case of death, a becoming burial. He has, moreover, the duty to watch that during the illness and after the death of a pastor the books, documents, sacred utensils and other objects belonging to the parish are not lost, or taken away. (Canon 447.)
293. The dean must on days appointed by the bishop summon the priests of his district for the conferences of which Canon 131 speaks, and preside at them. If they are held in several places of his district, he must watch that they are properly attended. If the dean is not a pastor, he must reside in the territory of the deanery or in a place nearby, according to the regulations to be made by the bishop. (Canon 448.)
294. At least once a year the dean should submit report to the bishop, not only of the good that has been accom plished but also of evils that have crept in, scandals that have arisen, and what has been done to repair them, and what he has to suggest for wiping out the evils. (Canon 449.)
74 THE NEW CANON LAW
295. The dean should have a seal proper to the dean ery. He precedes all the pastors and other priests of his district. (Canon 450.)
CHAPTER IX.
Pastors.
296. The pastor is an individual priest, or a body of men, to whom a parish has been conferred to attend to the care of souls by and under the authority of the bishop. The following persons are in law held equal to pastors with all parochial rights and duties: (1) the quasi-pastors who are in charge of quasi-parishes, that is to say, in vicariates and prefectures apostolic where the territory has been divided into districts and an individual rector been appointed over the district. In countries like the United States and others withdrawn from the jurisdiction of the Propaganda, the rectors of parochial churches are called pastors in the strict sense of the term; (2) the parochial vicars, if they have full parochial power.
Concerning the major and minor military chaplains, the special regulations of the Holy See are to be observed. (Canon 451.)
297. Without Apostolic indult the bishop cannot unite a parish to a body of men, e. g. a monastery, college, in full right, namely in such a way that the body of men as a collec tive person becomes pastor of a parish. Cf . Canon 1432, § 2.
A body of men to whom a parish has been given by full right can retain only habitually the care of souls; the actual exercise of the pastoral rights and duties rests with the parochial vicar who is appointed according to the rules of Canon 471. (Canon 452.)
298. In order that a cleric may validly be appointed pastor he must be a priest. (Canon 453.)
299. Those who are appointed as rectors of a parish should remain in office permanently, which rule, however, does not forbid to change any pastor provided the rules of Canon Law are observed.
Not all pastors have the same stability in office; those who enjoy greater stability are called irremovable, those who
PASTORS 75
have a lesser degree of stability are usually called movable pastors.
Irremovable parishes cannot be made movable without the beneplacitum of the Holy See. The movable parishes can be made irremovable by the bishop, not however by the vicar general, with the advice of the cathedral Chapter or the diocesan consultors. New parishes to be established should be made irremovable, unless the bishop, having sought the counsel of the Chapter or the consultors, should prudently judge that peculiar circumstances of place and persons make movable pastorships more advisable.
All pastors of quasi-parishes are movable.
Pastors belonging to religious communities are always, as far as the individual person is concerned, movable, and they can be removed as pastors both by the will of the bishop, notifying the superior, and also at the will of the respective religious superior, notifying the bishop. Both have equal rights and the one does not need the consent of the other, nor has one to give reason to the other, much less proof. Both have the right of recourse in devolutivo to the Holy See in a disagreement. (Canon 454.)
300. The right to nominate and institute pastors be longs to the bishop, except for parishes reserved to the Holy See; all contrary customs injuring this right of the bishop are disapproved. Those, however, who have legitimately been given the right to elect or present the pastor do retain their right.
When the diocese is vacant or impeded, as described in Canon 429, the vicar capitular, or another who rules the diocese has the right: (1) to institute parochial vicars ac cording to Canons 472-476; (2) to confirm the election or accept the presentation to a vacant parish and to grant the elected or presented priest the canonical institution as pastor; (3) to appoint pastors to parishes in general, if the see has been vacant for at least one year.
The vicar general has no power to confer parishes without a special mandate from the bishop, except in cases where the bishop is in captivity, exile, inhabilitated to act, etc., as described in Canon 429, §1. (Canon 455.)
301. For parishes entrusted to religious, the superior
76 THE NEW CANON LAW
whose office it is, according to the constitutions of the Order, has the right to present a priest of his Order to the Ordinary for the pastor's office. The Ordinary gives him the canonical institution, observing Canon 459, §2, which leaves to the bishop the judgment of the requisite qualifica tions. (Canon 456.)
302. Quasi-pastors are nominated from the secular clergy by the local Ordinary with the advice of his council. Quasi-parishes are those in vicariates and prefectures apos tolic, where, according to Canon 302, the vicar or prefect apostolic is to appoint at least three of the older missionaries as his advisory board, whom he should consult in all more important cases. (Canon 457.)
303. The bishop should not delay the appointment of a pastor to a vacant parish for more than six months, unless peculiar circumstances of place and persons induce the Ordinary to delay the conferring of the pastorship. (Canon 458.)
304. The Ordinary is bound in conscience to give the vacant parish to the priest whom he judges best qualified, without favoritism.
In judging the candidates for the pastorship there must be considered not only learning but also all other qualities required for the proper administration of the parish.
Wherefore the Ordinary should, (1) not neglect to gather information from any source as to the character of the priest; (2) refer to the examinations he passed when belonging to the junior clergy (Cf. Canon 130, §2); (3) subject the candidate to an examination as to his theological knowledge before himself and the synodal examiners, unless there is question of a priest well-known for his theological learning, in which case he may with the consent of the ex aminers dispense him from the examination; (4) in countries where the conferring of parishes is done by a concursus, either in the form of the constitution of Pope Benedict XIV., "Cum illud" Dec. 14, 1742, or by a general concursus that form shall be retained until the Holy See shall have other wise provided. (Canon 459.)
305. A pastor should have, according to Canon 156,
PASTORS 77
only one parish, unless there is question of two parishes which have been united aeque principaliter.
In one and the same parish there can be but one pastor who has the actual care of souls; all contrary customs are disapproved and privileges recalled. (Canon 460.)
306. The pastor assumes the care of souls from the moment of taking possession. The manner of taking pos session may, according to Canon 1444, be regulated by par ticular law or by custom. Before taking possession, or in the act of taking possession he must make the profession of faith prescribed by Canon 1406, § 1, n. 7. (Canon 461.)
307. The functions reserved to the pastor, unless the law states otherwise, are the following:
1. To baptize solemnly.
2. To carry the Blessed Sacrament publicly to the sick within his parish.
3. To administer the Holy Viaticum, whether publicly or privately, and to give Extreme Unction. The bishops receive the last Sacraments from the canons of the Chapter according to their rank of dignity. Where there are no cathedral Chapters the consultors of the diocese take their place. In clerical religious communities the administration of the last rites to the religious, and to all that live in the religious house, belongs to the superior. In case of necessity any priest may administer the last rites, and sometimes also by presumed permission.
4. To announce sacred orders and the marriage banns. To assist at marriages and to give the nuptial blessing.
5. To perform the funeral services of his parishioners unless they themselves selected before their death another church for burial.
6. To bless the houses on Holy Saturday or any other day, according to local customs, with the blessing of the ritual.
7. To bless the baptismal font on Holy Saturday, to have j^iblic processions outside the church in his parish, to give blessings outside the church with great pomp and cere mony, unless there is question of the cathedral Chapter which may perform such public functions. (Canon 462.)
73 THE NEW CANON LAW,
308. The pastor has the right to the revenue to which legitimate custom or legal taxation, according to Canon 1507, § 1, entitle him. If he exacts more than he is entitled to he is held to restitution.
If any of the parochial offices are attended to by another priest, the fees or offerings belong to the pastor, unless the contrary will of those making the offering is certain concern ing the sum that is over and above the ordinary tax. He must not refuse to gratuitously serve those who are not able to pay for the services. (Canon 463.)
309. The pastor is bound by virtue of his office to exer cise the care of souls for all who are not legitimately exempt from his jurisdiction.
The bishop may for just and grave reasons exempt from the authority of the pastor the religious houses and pious in stitutions within the limits of the parish, though they are not exempted by the common law. (Canon 464.)
310. The pastor is obliged to live in the parochial house, near his church. The Ordinary may permit him for a just reason to live elsewhere, provided the house is not so far away from the church that the attendance to the duties of his office thereby suffers.
He is allowed to have two months vacation in a year, either continuous or interrupted, unless the Ordinary re stricts or prolongs that period.
The days spent in the retreat of the priests of the dio cese do not count as part of the vacation.
Whether the pastor takes his vacation for two months in succession or with interruptions, the rule is that whenever he goes away for more than a week he must in addition to a good reason for going have the written permission of the bishop. While away from his parish the pastor must pro vide a substitute approved by the Ordinary. If the substi tute is a religious priest, he must have both the approval of the bishop and of the religious superior.
If the pastor is obliged to leave his parish suddenly, on account of some very urgent reason, and must be away for over a week, he shall as soon as possible inform his bishop by letter of the facts and state what priest he left in 'charge of the parish.
PASTORS 79
Also in cases when the pastor is away from the parish for less than a week he must provide for the wants of the people, especially when the peculiar circumstances of the parish demand constant attention. (Canon 465.)
311. Pastors are strictly bound to apply Holy Mass for their congregation on all Sundays and Holidays of obliga tion, even on abolished Holidays. Quasi-pastors, that is to say, pastors in districts subject to the Propaganda, are ad vised out of charity to say Holy Mass for their congregation on Sundays and the greater feasts of the year. As the pas tors in the United States, whether irremovable or movable pastors, are pastors in the strict meaning of the term by vir tue of the Code, they will have to apply Holy Mass for their congregations. The feast days are the following: Christmas; New Year's; Epiphany; Easter Sunday, Monday and Tues day; Ascension; Pentecost Sunday, Monday and Tuesday; Trinity; Corpus Christi; Invention of the Holy Cross; Im maculate Conception; Purification; Annunciation; Assump tion and Nativity of the Blessed Virgin; Dedication of St. Michael; Nativity of St. John Baptist; SS. Peter and Paul; St. Andrew; St. James; St. John; St. Thomas; SS. Philip and James; St. Bartholomew; St. Matthew; SS. Simon and Jude; St. Mathias; St. Stephen; Holy Innocents; St. Lau rence; St. Silvester, Pope; St. Joseph and Ste. Anne; All Saints'. It is the common teaching of moralists that even if on these days the pastor says two Holy Masses he cannot accept a stipend for either Mass.
If the pastor should have several parishes which are united aeque principaliter, or should be administrator of an additional parish or parishes, he satisfies his obligation by saying one Holy Mass for the people.
The Ordinary can for a just reason allow the pastor to apply Holy Mass for the people on another day than that specified in law.
The pastor should say the Mass for the people in his parish church, unless circumstances demand otherwise.
If the pastor is legitimately absent, he may either him self say the Mass for the people in the place where he stays, or have it said by the priest who takes his place in the parish. (Canon 466.)
312. The pastor must celebrate the Divine offices, ad-
80 THE NEW CANON LAW
minister the Sacraments to the faithful as often as they legitimately request it, get acquainted with the people, ad monish the erring, assist the poor and the sick, and give his special care to the instruction of the children in the Catholic faith.
The faithful should be admonished that they, if pos sible, frequently go to their parish church to assist at the Divine services and to hear the Word of God. (Canon 467.)
313. The pastor shall take special care of the sick, es pecially when they are dying, give them the Sacraments fre quently, and commend their souls to God.
The pastor, and any other priest assisting the sick, has the faculty to give the Apostolic blessing with a plenary in dulgence for the moment of death, to be applied according to the formula of the ritual. (Canon 468.)
314. The pastor must watch that nothing shall be done against faith or morals in his parish, especially in the schools whether private or public, and he must advance the works of charity, faith and piety in the parish. (Canon 469.)
315. The pastor must keep the parochial records of Baptism, Confirmation, marriage, and the deceased. He shall take care to have the census book as correct as possible, and he shall keep these books with great care and according to the approved custom or the regulations of the bishop.
In the baptismal record should be inserted a notice about the Confirmation, and the marriage, or subdeaconship, or solemn profession. When issuing baptismal certificates these facts should always be mentioned in the certificate.
At the end of each year the pastor should send an au thentic copy of the records to the episcopal Curia with the exception of the census book.
The pastor should have a parochial seal and a safe place for the above-mentioned parochial books, where he should also keep the bishop's letters and other documents that may be useful or necessary to keep. (Canon 470.)
CHAPTER X. Parochial Vicars.
316. If a parish is united to a religious house, to a cathedral or collegiate Chapter, or any other body of men
PAROCHIAL VICARS 81
by full right, a vicar must be appointed for the actual care of souls who shall receive a suitable salary from the income of the parish according to the judgment of the bishop.
The religious superior, or the Chapter, or other legal body to which the parish is attached, shall nominate the vicar and present him to the bishop who must appoint him if he finds him qualified, according to the rules of Canon 459. Only in case of legitimate privilege or custom, or endow ment of the vicariate by the bishop in which he reserved to himself the right of freely nominating the pastor, can the bishop himself nominate the parochial vicar.
If the parochial vicar is a religious he is movable like the religious pastor, as stated in Canon 454, § 5. All other narochial vicars are perpetual as far as the college or Chapter that presents him is concerned, but the bishop has the right to remove him in the same way as pastors, notifying the one who presented the vicar.
To the vicar exclusively belongs the care of souls with all the rights and duties of law and the statutes of the diocese and laudable customs. (Canon 471.)
317. During the vacancy of the parochial office the bishop shall as soon as possible appoint, with the consent of the religious superior if there is question of religious, a vicar economus who shall rule the parish during the vacancy and receive a proper portion of the revenue.
Before the vicar economus is appointed the assistant of the former pastor shall assume the government of the parish; if there are several assistants, the first; if they are all equal, the senior in office of the assistants. If there are no as sistants, the nearest pastor takes charge ; in case of religious, the superior of the house. The bishop in the diocesan synod, or outside of the synod shall determine beforehand which parish is to be considered nearest.
He who takes charge of the parish after the manner of the preceding paragraph, shall notify the bishop of the va cancy. (Canon 472.)
318. The vicar economus has the same rights and duties as the pastor in all things concerning the care of souls. He must, however, do nothing that might be prejudicial to the rights of the pastor and the parochial benefice.
82 THE NEW CANON LAW
The vicar economus shall in presence of the dean or an other priest appointed by the bishop hand to the newly ap pointed pastor the key of the parochial archives and all other things belonging to the parish, and give an account of the receipts and expenditures, for the time of his administration. (Canon 473.)
319. The vicar who takes charge of the parish in the absence of the pastor, e. g., during vacation, has all the rights of a pastor as far as the care of souls is concerned. (Canon 474.)
320. If the pastor, on account of old age, mental debil ity or other perpetual inability, is not able to administrate the parish, the bishop must give him an assistant as vicar of the parish. If it is a parish in charge of the religious the superior presents the vicar.
The assistant who takes the place of the pastor in all the affairs of the parish has all the rights and duties of a pastor, with the exception of the application of the Mass for the congregation which rests with the pastor; if, however, he has only part of the pastoral duties to attend to, his rights and obligations must be learned from his letters of appoint ment.
If the pastor is of sound mind, the assistant must help him in the pastoral work under his authority and according to the bishop's instructions.
If the parish cannot be properly taken care of by an as sistant acting as parochial vicar, the bishop has the right to remove the pastor according to Canons 2147-2161. (Canon 475.)
321. If the pastor alone cannot take care of all the work in the parish, on account of the great number of the people or for other reasons, the bishop may give him one or several assistants, called in law vicarii cooperatorcs, who shall receive a proper salary.
The assistants may be appointed either for the entire parish or for a certain specified part of it.
The bishop, not the pastor, has the right to nominate the assistants of the secular clergy, after having given hear ing to the pastor.
The assistants of a religious pastor are presented to the
RECTORS OF CHURCHES 83
bishop by their competent religious superior, and it belongs to the bishop to approve them.
The assistants are obliged to reside in the parish accord ing to the diocesan statutes, or the laudable customs, or the laws of the bishop. Where it is possible the bishop should arrange that they live in the rectory.
The rights and duties of the assistants are derived from the diocesan statutes, the letters of appointment, and the commission of the pastor. Unless the contrary has been ex pressly stated, they must assist the pastor in the general min istry of the parish, with the exception of the application of Holy Mass for the people.
The assistants are subject to the pastor who should pa ternally instruct and direct them in the care of souls, watch over them, and send each year a report to the bishop con cerning their conduct.
If the parish is so large that even the appointment of assistants does not properly provide for the spiritual welfare of the people, the bishop has the right to divide the parish, according to Canon 1427. (Canon 476.)
322. Parochial vicars and assistants, of which Canons 472-476 treat, may be removed at will by the bishop or the vicar capitular, the vicar general can remove them only by special mandate of the bishop; Religious either by the bishop or the superior of the Order, according to Canon 454, § 5.
If a benefice is connected with the assistant's position, he can be removed by canonical trial, not only for reasons on account of which a pastor can be removed, but also for grievous disobedience to the pastor in the due exercise of his duties. (Canon 477.)
323. The pastor of the cathedral church precedes all other pastors in rank, the parochial vicar of the cathedral Chapter precedes all other parochial vicars. (Canon 478.)
CHAPTER XI. Rectors of Churches.
324. By the name of "Rectors of churches" are meant here those priests who have charge of a church that is neither parochial nor capitular, nor annexed to a religious commun ity, which holds services in that church.
84 THE NEW CANON LAW
Concerning the chaplains of religious women, of laical communities of men, of confraternities, and other legitimate associations, the laws of particular Canons shall be observed. (Canon 479.)
325. The rectors of churches are freely appointed by the Ordinary, except in places where certain individuals have the right to elect or present the candidate; the approval in that case belongs to the bishop.
Even if the church belongs to an exempt Order the rec tor nominated by the superior must be referred to the bishop for approval.
If the church is connected with a seminary or college conducted by the clergy, the superior of the seminary or college is at the same time rector of the church, unless the local Ordinary directs otherwise. (Canon 480.)
326. In the church committed to him the rector cannot hold parochial functions. (Canon 481.)
327. The rector of a church can celebrate the Divine services also solemnly, observing, however, the laws of foun dation, i. e., such regulations as were made or approved of by the bishop when the church was built by individual benefac tors, and provided that the holding of solemn services in the church does not injure the parish church. The bishop is the judge in these matters. (Canon 482.)
328. If the non-parochial church is so far away from the parish church that the parishioners who live near that chapel could not be expected to go to the parish church for Divine service, the bishop may command the rector, even under grave penalties, to have Divine services at hours con venient for the people, to announce the feasts and fast days, give catechetical instruction, and explanation of the holy Gospel. The pastor has the right to take Holy Communion to the sick from such church, if the bishop has allowed that the Blessed Sacrament be kept there. (Canon 483.)
329. Without the permission of the rector, or other legitimate superior, no priest is allowed to say Holy Mass, or administer the Sacraments, or hold any functions, in that church. (Canon 484.)
330. The rector must take proper care of the church. (Canon 485.)
THE RELIGIOUS 85
331. Rectors of any kind are removable at will by the bishop. (Canon 486.)
PART II.
THE RELIGIOUS.
332. The Religious State, by which is meant a perma nent community life, in which the faithful besides observing the common precepts, oblige themselves to the observance of the evangelical counsels by the vows of obedience, chas tity and poverty, should be held in honor by all. (Canon 487.)
333. The meaning of the various terms used in the law for the religious is defined as follows: (Canon 488)
1. Religio means a society, approved by legitimate, ec clesiastical authority, whose members strive after evan gelical perfection by living according to the special laws governing the society and by taking public vows, either per petual or temporary, to be renewed, if temporary, when the time of the vows expires.
2. Ordo denotes a religious organization in which solemn vows are taken; Congregatio monastica is a combina tion of several independent monasteries of monks under one superior; Religio exempta means a religious organization, of either solemn or simple vows, that has been withdrawn from the jurisdiction of the Ordinary of the diocese; Congregatio religiosa, or simply Congregatio, signifies a religious body in which only simple vows are taken, which vows may be either perpetual or temporary.
3. Religio juris pontificii is a religious organization which has received from the Holy See either approval or at least the decretum laudis; Religio juris diocesani is a religious organization which has been instituted by the Ordinary and has not yet obtained the decretum laudis from the Holy See.
4. Religio clericalis means a religious organization whose members are mostly priests; otherwise it is called religio laicalis.
5. Domus religiosa signifies the residence of any reli gious organization; Domus regidaris is the house of an Or der; domus formata means a religious house in which reside
86 THE NEW CANON LAW
at least six professed members, of whojn, if there is question of a clerical religious organization, four at least must be priests.
6. Provincia is a combination of several houses of reli gious under one superior, constituting a part of the Religious Order or congregation.
7. Religiosi are those who have taken vows in any religious community; Religiosi votomm simpliciiim are those who have taken vows in a religious Congregation; Regulares are the professed members of an Order; Sorores are religious women who have taken simple vows; Moniales are religious women with solemn voivs, unless either by the very nature or the context of the Canons their meaning is to be taken other wise. There are also nuns whose vows are by their rule solemn, but who have for certain countries been declared simple by order of the Holy See.
8. Superior es ma j ores are the Abbas primas, abbots who are superiors of monastic congregations, abbots of indepen dent monasteries though belonging to some monastic con gregation, the Generals or highest heads of any religious or ganization, the provincial superiors and their vicars, and all others who have the same jurisdiction as Provincials.
334. The Rules and particular constitutions of indi vidual religious organizations which are not contrary to the Canons of the Code remain in force. Those rules and sta tutes that are opposed to the Canons are hereby abolished. (Canon 489.)
335. The laws of the Canons for the religious when speaking in the masculine gender, religiosus, religiosi, apply in the same manner to religious women, except the context or the nature of the law prove the contrary. (Canon 490.)
336. The order of precedence is as follows: the re ligious precede lay people, clerical organizations precede laical, canons regular precede monks, monks precede other regulars, regulars precede religious congregations, congre gations of papal law precede diocesan congregations. Among religious bodies of the same kind in the same town or city precedence is regulated according to the priority of residence in the place.
The secular clergy precedes both laical and clerical
RELIGIOUS ORGANIZATIONS 87
religious bodies outside the churches of these bodies, and even in their churches if they are laical organizations. The cathedral or collegiate Chapter precedes the religious every where. (Canon 491.)
TITLE IX.
Erection and Suppression of a Religious Organization, of a Province, or a House.
337. Bishops, and not the vicar capitular or the vicar general, can establish religious congregations. They shall not establish them, nor allow their foundation, without first consulting the Holy See. If there is question of Tertiaries living in community, it is required, moreover, that the su preme head of the first Order aggregate them to his Order.
A diocesan religious congregation remains diocesan even though it has in the course of time spread to several dioceses, and it stays under the absolute jurisdiction of the bishops until it has obtained from the Holy See approval or, at least, the decretum laudis.
The name and religious habit of an established Order or congregation cannot be assumed by those not lawfully be longing to that body nor by a new organization. (Canon 492.)
338. Any religious body, even a diocesan congrega tion, which has been legally established cannot be dissolved, even though it should consist only of one house, except by authority, of the Holy See, to which is also reserved the dis position of the goods of the congregation, saving the legiti mate will and intention of the donors. (Canon 493.)
339. To the Holy See it belongs to divide congrega tions of papal law into provinces, to join provinces that have been established, or to change their circumscription, to es tablish new ones and suppress others, to separate indepen dent monasteries from some one monastic congregation and unite them to another.
Concerning the goods of a province that has been abolished, the General Chapter, or, outside the Chapter, the Superior General with his council, has the right to dispose, unless the constitutions provide otherwise; the laws of jus-
88 THE NEW CANON LAW
tice and the will of founders must be safeguarded. (Canon 494.)
340. A diocesan congregation cannot establish a house in another diocese except with the consent of both the bishop of the diocese where its principal house is situated, and the bishop of the diocese to which it wishes to go. The bishop of the principal house should not deny permission without serious reasons.
If a diocesan congregation has already spread to other dioceses, changes in the laws of that congregation cannot be made except with the consent of each and every bishop of the dioceses in which it has a house. What the Holy See ordained at the time the bishop consulted the same about the founding of a congregation, as prescribed in Canon 492, § 1, cannot be changed by bishops. (Canon 495.)
341. No religious house shall be established unless it can be prudently judged that the community will be able to properly support itself, either by fixed income, or the usual alms, or by other means. (Canon 496.)
342. For the erection of a house of an exempt Order or congregation, whether it be a domus formata or non for- mata (cf. Canon 488, § 5), for a monastery of nuns with solemn vows, and for any religious house in countries sub ject to the Propaganda, the beneplacitum of the Holy See is required, together with the written consent of the local Or dinary. For all other cases the consent of the Ordinary suffices.
The permission to establish a house given to a clerical religious organization carries with it the right to have a church or public oratory, and to perform therein the sacred functions according to the rules of the law; and for all religious to exercise the pious works proper to each, observ ing the conditions under which the permission was granted. When religious intend to build a church the bishop's ap proval of the location must be sought, according to Canon 1162, §4.
For the building and opening of schools, hospices, or other houses separate from the religious house, exempt or non-exempt, the written permission of the bishop is required, and not that of the Holy See.
SUPERIORS AND CHAPTERS 89
In order to convert a religious house to other purposes, the same formalities are required as for a new foundation; it is not considered a change to other purposes, if there is question of changing it for purposes belonging to the in ternal regime and discipline, e. g., to use a house, or build a new house, of studies for the religious themselves. If, how ever, contrary agreements between the bishop and the pro vincial were made at the time of entering into the place, these must be adhered to. (Canon 497.)
343. A religious house, whether a domus formata or non formata, belonging to an exempt Order can be sup pressed only by permission of the Holy See; if it belongs to a non-exempt congregation of papal law it can be suppressed by the General with the consent of the local Ordinary; if it is a house of a diocesan congregation, it can be suppressed by the sole authority of the bishop after having given hear ing to the head of the congregation, and then the congrega tion has the right of appeal to the Holy See in suspensive, that is to say, the community or house cannot be disturbed before Rome has decided. If the congregation has but one house, Canon 493 provides, (Canon 498.)
TITLE X. The Government of Religious Organizations.
CHAPTER I. Superiors and Chapters.
344. All religious are subject to the Roman Pontiff as their highest superior, whom they are bound to obey also in virtue of the vow of obedience.
The Cardinal Protector of the individual Orders has no jurisdiction over the Order or over the individual members, unless the contrary has