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 been ordained for particular circum
stances, nor can he interfere in the internal discipline and
the administration of property, it being his office only to
promote the good of the Order by his advice and patronage.
(Canon 499.)
345. The religious are subject also to the local Ordi
nary, with the exception of those who have obtained from
90 THE NEW CANON LAW
the Holy See the privilege of exemption ; but evert these are
in some things subject to him, as the Canons specify in
various places.
Nuns with solemn vows, who by their constitutions are
under the jurisdiction of the regular superiors, are subject to
the local Ordinary in those cases only which are specified
in law.
No Order of men can without a special papal indult have
under its jurisdiction religious congregations of women, or
claim a special right to care for and direct the members of
such congregations. (Canon 500.)
346. The superiors and the Chapter have governing
power over their subjects, according to the constitutions and
the common law; in clerial, exempt, Religious Orders they
have ecclesiastical jurisdiction for the internal as well as for
the external forum.
All superiors are strictly forbidden to interfere in cases
belonging to the Holy Office.
The Abbot Primas and the superior of a monastic con
gregation have not all the power and jurisdiction which the
common law gives to major superiors; their power and juris
diction must be gathered from the proper constitutions and
the special laws of the Holy See. Canons 655 and 1594, § 4,
are to be observed. Canon 655 refers to the dismissal of a
solemn professed religious or one with perpetual simple
vows, which case is to be judged by the Abbot Superior of a
monastic congregation, and Canon 1594, § 4, states that the
Abbot Superior of a monastic congregation is the judge
of the second instance for cases tried by the Abbot. (Canon
501.)
347. The highest superior of a religious organization
obtains power over all provinces, houses, and the individual
religious, to be exercised according to the constitutions;
other superiors have that power within the limits of their
office. (Canon 502.)
348. The major superiors in clerical exempt Orders can
constitute notaries for the ecclesiastical affairs of their Order
only. (Canon 503.)
349. Unless the proper constitutions of individual re
ligious bodies demand a more advanced age, and other more
SUPERIORS AND CHAPTERS 91
difficult conditions, those are inhabilitated for the office of a
major superior who are not at least ten years professed, the
years to be counted from the first profession; not born of
legitimate wedlock; and for the office of the highest superior
of a religious body, or for abbess in monasteries of nuns with
solemn vows, those under forty years of age ; thirty years of
age are the minimum required for other major superiors.
(Canon 504.)
350. The major superiors are to be temporary, unless
the constitutions demand otherwise; minor local superiors,
however, must not be appointed to office for more than three
years. After that term they may be appointed for a second
term, not, however, for a third term in the same religious
house. (Canon 505.) It may be noted that the Canon does
not restrict the regulations for the terms of office to large
houses only, but speaks of all, without distinction.
351. Before the election of major superiors in Orders
of men takes place, each and every one of the Chapter must
take an oath to vote for those only for whom before God he
believes he should vote.
In monasteries of nuns with solemn vows, if they are
subject to the bishop, he or his delegate, with two priests
who act as tellers, presides at the election of the abbess, with
out entering the enclosure. If the nuns are subject to the
superiors of a Religious Order, the regular superior presides,
in which case the bishop must be notified in due time of the
coming election and he may, together with the religious su
perior, be present or send a delegate. If the bishop comes
in person, he presides.
The ordinary confessors of that monastery should not
be appointed to act as tellers.
In religious congregations of women the local Ordinary
presides in the election of the Superior General; if there is
question of diocesan congregations, he may at will confirm
or annul the election, as he in conscience sees fit. (Canon
506.)
352. In elections held by the Chapter, the common law,
contained in Canons 160-182, is to be observed, together with
the constitutions of the Order or congregation, in as far as
they are not contrary to the Canons.
92 THE NEW CANON LAW
All religious should guard against procuring votes, di
rectly or indirectly, for themselves or for others.
The election by postulatio can be admitted only in extra
ordinary cases, and only when not forbidden by the consti
tutions. (Canon 507.)
353. The superiors shall reside in their respective
houses and not leave them, except according to the rules of
the constitutions. (Canon 508.)
354. Every superior must promote among his subjects
the knowledge and execution of the decrees of the Holy See
for the religious.
The local superiors shall take care (1) that once a year,
on the prescribed days, the constitutions of the Order or con
gregation are read publicly, as also the decrees which the
Holy See ordered to be read before the whole community;
(2) that at least twice a month an instruction on Christian
doctrine is given to the lay brothers and servants, accommo
dated to the needs of their condition of life, and that, es
pecially in laical organizations, pious exhortations are ad
dressed to all the members. (Canon 509.)
355. Every five years, or more frequently if the consti
tutions so demand, a report must be sent to the Holy See by
the Abbot Primas, by the superior of a monastic congrega
tion, and by the supreme head of any religious organization
of papal law, concerning the state of the organization, signed
by the General and his council, and, in case of a congregation
of religious women, also by the bishop of the place where the
Superior General and her council reside. (Canon 510.)
356. The major superiors on whom the constitutions
put the obligation of visiting at stated times all the houses
subject to them, must attend to this duty personally if they
can, or otherwise through delegates. (Canon 511.)
357. The local Ordinary must, either himself or through
another, visit every five years :
1. Each monastery of nuns with solemn vows which is
subject to him or immediately subject to the Holy See.
2. Each house of the diocesan congregations of both
men and women.
He must within the same time also visit:
1. The monasteries of nuns with solemn vows subject
SUPERIORS AND CHAPTERS 93
to fhe regulars, to inquire about the observance of the law
of enclosure; and also concerning the rest of the religious
life if the regular superior did not hold any visitation within
the last five years.
2. Each house of clerical congregations of papal law,
even those enjoying exemption, the visitation to extend only
to the church, sacristy, public oratory, and places where con
fessions are heard.
3. Each house of laical congregations of papal law, the
visitation to embrace not only those points mentioned in the
preceding number, but also all other affairs concerning in
ternal discipline. Canon 618 provides, however, that these
congregations are not subject to visitation in regard to the
economical affairs of the community.
The administration of goods and property shall be con
ducted according to Canons 532-535. (Canon 512.)
358. The visitor has the right and duty to ask any of
the religious, whom he thinks according to his own judgment
that he should ask, to obtain knowledge of those things that
are within the scope of the visitation. All religious have the
duty to answer truthfully, and superiors are not allowed to
dissuade them from this obligation, or in any other way to
frustrate the purpose of the visitation.
From the decrees of the visitor there is allowed an ap
peal in devolutivo only, which means that the orders have to
be obeyed in the meantime ; if the visitor proceeds by way of
a canonical trial, there is open an appeal in suspensive, which
suspends the orders of the judge. (Canon 513.)
359. In all clerical religious communities the superior
has the right and the duty, either in person or by another, to
administer the Viaticum and Extreme Unction to the pro
fessed, the novices, and to others who live day and night in
the religious house, either as servants or for the purpose of
education, or as guests or convalescents.
In the house of nuns with solemn vows the ordinary con
fessor, or the one who takes his place, has the same right.
In other lay congregations and Orders this right and
duty belongs to the pastor, or to the chaplain to whom the
Ordinary has given full parochial powers, according to
Canon 464, § 2.
Concerning funerals of religious: From the various
94 THE NEW CANON LAW
Canons dealing with this question the general rule can be
deducted that he who has the right to minister the last Sacra
ments, also has the right to bury those to whom he minis
tered the last rites (cf. Canons 1221 and 1230, § 5). (Canon
514.)
360. Merely honorary titles of dignities and offices are
forbidden; but if the constitutions allow it, titles of major
offices which a religious has actually held in his own Order
are tolerated. (Canon 515.)
361. The supreme superior of a religious organization
or of a monastic congregation, and the superior of a domus
formata, must have their council, the consent or advice of
which they need in various affairs, according to the regula
tions of the constitutions and the common law.
There should also be econotni or procurators for the ad
ministration of the temporal goods : an economus gcncralis
who has charge of the administration of goods for the entire
Order or Congregation, a provincial economus for the pro
vince, a local economus for each individual house; all these
shall exercise their office under the direction of the respec
tive superior.
The General and the Provincial are not allowed to have
the office of economus; the office of the economus can be com
bined with that of local superior, if necessity demands, but it
is preferable to have a separate official for the administration.
If the constitutions are silent about the manner of elect
ing the economus, the major superior and his council may
elect him. (Canon 499.)
362. Every religious organization of men approved by
the Holy See shall have a procurator-general who is to be
designated according to the constitution. His office is to
transact affairs of his Order with the Holy See.
He shall not be removed before, according to the consti
tutions, the term of his office expires, without consulting the
Holy See. (Canon 517.)
CHAPTER II.
Confessors and Chaplains.
363. In every clerical Order or congregation there shall
be appointed for each house several, lawfully approved, con-
CONFESSORS AND CHAPLAINS 95
fessors, in proportion to the number of religious, with the
faculty, ii there is question of exempt religious, to absolve
the religious also from the reserved cases of the Order.
Religious superiors who have the power to hear con
fessions may, provided they observe the laws, hear the con
fessions of those of their subjects who of their own free will
ask to be heard, but without a grave reason this should not
be done habitually.
The superiors must beware of inducing, either by
themselves or through others, any of their subjects by force
or fear, or by importune urging, or in any other way, to come
to them for confession. (Canon 516.)
364. The regulations of constitutions to the effect that
the religious are to make their confession at stated times, to
certain specified confessors, remain in force. However, if a
religious, even of an exempt Order, for the peace of his con
science makes his confession to a priest approved by the
bishop of the diocese where the confession is made, even
though such priest be not appointed by the superior of the
Order for the confessions of religious, the confession is valid
and licit. All contrary privileges of Orders, by which their
subjects could not validly confess to a priest not approved for
their confessions by the Order, are hereby revoked. The
priest thus chosen by a religious for his confession can ab
solve the penitent also from sins' and censures reserved in
the Order. (Canon 519.)
365. In each house of religions women there should be
appointed only one confessor for the whole community, un
less on account of the large number of religious, or for any
other just cause, two or more are deemed necessary.
If any sister, for peace of soul or greater progress in
spiritual life, ask for a special confessor or director, the Or
dinary should readily grant the request, but he should watch
that no misuse is made of this concession. If abuses creep
in, the bishop shall eliminate them, saving the liberty of con
science. (Canon 520.)
366. Each community of women shall have an extra
ordinary confessor who shall go to the convent four times a
year, on which occasions all the sisters shall go to him, at
least to receive his blessing.
96 THE NEW CANON LAW
The local Ordinaries shall appoint several priests in the
vicinity of each convent who may be called to hear the con
fessions of sisters in particular cases, without being required
to get the faculties each time.
If a sister asks for any of these priests, no superioress
is allowed, either by herself or through another, either di
rectly or indirectly, to inquire for the reason, nor to refuse
the request in words or actions, or to show dislike in any way.
(Canon 521.)
367. If, notwithstanding the concessions of the two
foregoing Canons, a sister goes for her peace of conscience
to any confessor approved by the local Ordinary, in any
church, public or semi-public oratory, the confession is licit
and valid. Any privilege to the contrary of Orders and con
gregations is revoked. The superioress cannot forbid the
sisters to go to confession outside the convent nor is she al
lowed to inquire about it, nor are the sisters obliged to tell
her. (Canon 522.)
368. Whenever a sister is seriously ill, even though
there be no danger of death, the sick sister may call any ap
proved priest of the diocese to confess to him, even if he is
not one of the particular confessors appointed by the bishop,
according to Canon 521, § 2. During illness sisters may con
fess to such a priest as often as they desire and the superi
oress cannot, either directly or indirectly, forbid it. (Canon
523.) It may be noted here that in the various Canons speak
ing of a confessor to whom sisters may confess outside the
convent, the Code says that they should be "approbati pro
mulierum confessionibus" which we have translated as "ap
proved for confessions/' because it is not the custom in the
United States to approve a priest for confessions of men
only, whereas in some other countries such a limited ap
proval is at times given. Canon 876 declares, however, that
special approval is necessary to validly hear the confessions
of sisters in their own convents. From this rule Canon 523
allows an exception for cases of sickness.
369. The bishop should appoint for each community of
women an ordinary and an extraordinary confessor from the
secular clergy, or also from the religious with the permission
of their superior. The confessor should be a priest who has
CONFESSORS AND CHAPLAINS 97
no jurisdiction in the external forum over the sisters, and he
should be forty years of age or over unless the bishop for
good reasons dispenses with the requirement of age.
The ordinary confessor cannot be made the extraordi
nary confessor, nor can he be again appointed as ordinary
except after at least one year from the expiration of his term,
with the exception mentioned in Canon 526; the extraordi
nary confessor can immediately when his term as extraordi
nary expires be made the ordinary confessor.
The ordinary and extraordinary confessors of religious
women should not in any way interfere in the internal or ex
ternal government of the community. (Canon 524.)
370. If a house of religious women is under the imme
diate jurisdiction of the local Ordinary, the latter chooses
both the ordinary and extraordinary confessors. If the house
be subject to a regular superior, he presents the confessors to
the Ordinary who alone can approve them, and in case this
superior neglects to present confessors, the bishop chooses
them himself. (Canon 525.)
371. The ordinary confessor should not exercise his
office for more than three years. The bishop may, however,
reappoint him for a second and third term if on account of
scarcity of priests for this work he cannot easily appoint new
ones, or when the majority of the sisters, by secret vote in
which every sister has a right to cast a ballot, express the
wish to retain the confessor. Those sisters who dissent must
be allowed to go to another confessor. (Canon 526.)
372. The local Ordinary may, for a grave reason, remove
both the ordinary and extraordinary confessor, even if the
convent is subject to a regular superior and the confessor
be a regular, nor is the bishop bound to give any rea
son for the removal except to the Holy See when requested.
He must, however, notify the regular superior, if the sisters
are subject to him. (Canon 527.)
373. In houses of laical religious Orders or congrega
tions of men, extraordinary and ordinary confessors should
likewise be appointed according to the rules of Canons 874,
§ 1, and 875, § 2. If a religious asks for a special confessor,
the superior shall not inquire for the reason, nor show dis
like for the request. (Canon 528.)
98 THE NEW CANON LAW
374. If there is question of laical non-exempt religious,
the local Ordinary has the right to designate the priest for
the sacred ministry and for the preaching to the community;
if they are exempt, the regular superior designates this priest.
In default of the superior to designate a priest, the Ordinary
supplies. (Canon 529.)
375. Religious superiors are strictly forbidden to induce
their subjects in any way to manifest their state of conscience
to them.
The subjects, however, are not forbidden to manifest of
their own free will and choice their conscience to the su
periors. On the contrary, it is proper that they should ap
proach their superiors with filial confidence, and if they are
priests, to reveal to them any doubts and anxieties of their
conscience. (Canon 530.)
CHAPTER III.
Temporal Goods and Their Administration.
376. Not only the Order or congregation, but also the
province and the individual house, are capable of acquiring
and possessing temporal goods, together with fixed revenues
and endowments, unless such capacity is excluded or re
stricted by their Rule or Constitutions. (Canon 531.)
377. The goods of the Order, of the province and indi
vidual houses, are to be administrated according to the con
stitutions.
Expenditures and legal acts of ordinary administration
can be validly made by the superior, and also within the
limits of their office by the officials designated for this pur
pose by the constitutions. (Canon 532.)
378. For the investment of money the previous consent
of the bishop, besides compliance with the regulations of the
constitutions, is required in the following cases :
1. The superioress of nuns of solemn vows and of dio
cesan congregations needs this consent for any investment of
money; if the monastery of solemn professed nuns is subject
"to a regular superior, also his consent is required.
2. The superioress in a congregation of papal law, if
TEMPORAL GOODS AND THEIR ADMINISTRATION 99
the money to be invested constitutes the dowry of professed
sisters, according to Canon 549.
3. The superior, or superioress, of any religious con
gregation, if real estate has been donated or given by last
will to the religious house for the purpose of Divine worship,
or for works of charity to be carried on in that place.
4. Any religious, even of an exempt Order, if the
money was given to the parish or mission, or to the religious
on account of the parish or mission.
5. When the investment is changed the bishop's con
sent is likewise required. (Canon 533.)
379. When there is question of disposing of objects of
great value, or of a sum of money exceeding six thousand
dollars, or of contracting debts and obligations above the said
sum, the contract is invalid unless the beneplacitum of the
Holy See was first obtained. In smaller amounts the per
mission of the superior, with the consent given by his coun
cil in secret vote, is sufficient. The constitutions determin
ing the extent of power of the General, the Provincial and
local superiors, in sums below six thousand dollars are to be
observed. Moreover, in the case of religious women with
solemn vows, and of diocesan sisters, the written consent of
the bishop is demanded; and in addition the consent of the
regular superior is required by a house of nuns of solemn
vows under his jurisdiction.
In the petition for consent to contract debts, or any
other obligations, there must be stated the amount still ow
ing of debts and obligations previously contracted by the
house, province or Order for which respectively permission
is asked, otherwise the obtained permission is null and void.
(Canon 534.)
380. In every monastery of nuns with solemn vows,
even exempt ones, (1) the superioress shall once a year, or
more frequently if the constitutions so demand, give an ac
count to the bishop of her administration, and also to the
regular superior, if the house is subject to him; (2) if the
Ordinary does not approve of the administration, he may
employ proper means to remedy the defect, removing even,
if necessary, the economus and other administrators. If the
house is subject to the regular superior, the bishop shall ad-
100 THE NEW CANON LAW
monish the superior to remedy the deficiency, and if he does
not attend to it, the bishop has the right to take the matter
in hand.
In all other houses of religious women an account must
be given to the Ordinary of the administration of goods that
constitute the dowry of the sisters. This must be done at
the visitation of the Ordinary, and even more frequently if
the bishop thinks this necessary.
The Ordinary shall always have the right (1) to inquire
into the financial standing of the religious houses of diocesan
sisterhoods; (2) to demand an account of the administration
of real estate and legacies given to parishes or for works of
religion and charity in a place. (Canon 535.)
381. If a legal body (the Order as such, the province,
or the individual house) has contracted debts and assumed
obligations, even with the permission of the superior, the re
spective body is held to its obligations.
If a regular has contracted any liability with the per
mission of his superiors, the community whose superior gave
the permission is held; if a religious with simple vows has
contracted any debts he is himself liable, except in case he
acted for the community with the permission of the superior.
If a religious made a contract without any permission of
the superiors, he is personally responsible and the Order,
province or house cannot be held for it.
In all cases the one who suffered by the contract shall
have the right to sue for damages.
The superiors shall take care not to permit the contract
ing of debts unless it is certain that from the ordinary rev
enue the interest on the loan can be paid, and that in not too
long a time the mortgage can be paid off. (Canon 536.)
382. Donations from the goods of a house, province or
Order shall not be permitted, except by way of alms or other
just caus«, with the permission of the superior and in ac
cordance with the constitutions. (Canon 537.)
TITLE XL
Admission Into a Religious Community.
383. Admission to the religious life is open to any Ca
tholic who is not under any legal impediment, who has the
POSTULATE, NOVITIATE 101
right intention, and is capable to fulfil the duties of the re
ligious life. (Canon 538.)
CHAPTER I.
Postulate.
384. In all organizations with perpetual vows the wo
men, and in Orders of men the lay-brothers, must stay fully
six months as postulants before they can be admitted to the
novitiate. In religious communities with temporary vows,
their constitutions are to be observed in regard to time and
necessity of the postulate.
The major superior may prolong the time of the postu
late for, at most, another six months. (Canon 539.)
385. The postulate may be spent either in the house of
novitiate or in another house in which the religious life is
accurately observed according to the constitutions and under
the special direction of a religious of tried virtue.
The postulant shall wear plain clothing which must be
different from that of the novices.
In monasteries of nuns with solemn vows the postulants
are held to the law of enclosure. (Canon 540.)
386. The postulants shall, before they begin the novi
tiate, make a retreat for at least eight complete days and,
according to the judgment of the confessor, a general confes
sion of their whole life. (Canon 541.)
CHAPTER II.
Novitiate.
Article I. Conditions for Admission.
387. Besides the regulations of the foregoing Canons
about the postulate, and other conditions imposed by the con
stitution of each religious organization, the following shall
be observed:
I. Admission into the novitiate is invalid:
1. If one has adhered to a non-Catholic sect.
2. If one has not the required age.
3. If one was compelled to enter by grave fear, or by
102 THE NEW CANON LAW
deceit, or by force, or if a superior thus constrained received
the individual.
4. If one is married, for the duration of the marriage.
5. If one actually is, or has been, a professed member
of any religious body.
6. If one is subject to penalty for grave crime of which
he has been, or may be, accused.
7. If one is either a residential or titular bishop, though
he has been as yet only designated as such by the Pope.
8. If one is a cleric who, by the law of the Holy See, is
held by oath to serve the diocese or mission, for such times
as the oath lasts. In countries subject to the Propaganda
the clerics are usually ordained under the explicit promise to
serve the diocese or mission; in some missionary colleges the
clerics take the oath to serve the missions for a definite num
ber of years, etc.
II. Illicitly are received:
1. Clerics in major orders who enter without the
knowledge of their bishop, or against the will of the bishop,
who has the right to keep them from entering if it would
entail great harm to souls and the bishop cannot in any way
prevent such hardship. The Church wants religious life to
be of access to all, and she has declared repeatedly that even
a cleric educated at the expense of the diocese has the right
to embrace religious life, unless he has taken the oath re
ferred to above in seminaries where the Holy See has author
ized the taking of such an oath. When in great need of
priests, the bishop may detain a cleric for a while but as soon
as he is not needed, he must be permitted to take up the re
ligious life.
2. Those who have debts to pay and cannot settle the
obligation.
3. Those who are held responsible for positions of trust
or who are implicated in any other secular business, by rea
son of which law suits and other annoyances may come to
the religious.
4. Children whose father, or mother, grandfather or
grandmother, are in great want and in need of the help of
NOVITIATE 103
this child, or whose parents need their help for the bringing
up and education of younger children.
5. Those who suffer from irregularity or any other im
pediment to the priesthood, are forbidden to be admitted as
future candidates of the priesthood.
6. Catholics of an Oriental Rite admitted to a religious
community of the Latin Rite without the permission of the
S. Congregation for the Oriental Church. (Canon 542.)
388. The right of admitting candidates to the novitiate
and to subsequent profession, either temporary or perpetual,
belongs to the major superiors with the vote of the council
or the community, according to the regulations of the partic
ular constitutions of each Order or congregation. (Canon
543.)
389. § 1. In every religious community the aspirants
without exception must, before they are admitted, submit
certificates of Baptism and Confirmation.
§ 2. In Orders and congregations of men the applicants
must, moreover, get testimonial letters from the bishop of
their birthplace as also from all other bishops in whose dio
ceses they have lived for more than one, morally speaking,
continuous year after their completed fourteenth year of age.
Any privilege exempting from this obligation is hereby re
voked.
§ 3. If there is question of admitting those who have
been in any seminary or college, or in the postulate or novi
tiate of another Order or congregation, the testimonials of
the rector of the seminary or college, after consulting with
the Ordinary, or of the major religious superior are required,
in addition to the testimonials spoken of in the preceding
paragraph.
§ 4. For the admission of clerics there are required
only the testimonials of ordination and of the bishops in
whose dioceses they have lived after ordination for more
than one morally continuous year, as also of the rector of the
seminary where they studied.
§ 5. A professed religious who by permission of the
Holy See joins another Order, needs only the testimonials
of the major superior of the former Order.
104 THE NEW CANON LAW
§ 6. In addition to these testimonials the major su
periors who have the right to receive applicants can demand
of them such other testimonials as seem necessary or useful
for the purpose.
§ 7. Women should be received only after accurate in
vestigation as to their character and disposition. In case
they have been in a college, etc., the testimonials decreed by
§ 3 must be obtained. (Canon 544.)
390. § 1. He who has to write the testimonials pre
scribed by these Canons, shall issue them within three
months from the time they are asked for; he shall not give
them to the applicants but to the religious superiors and shall
append his seal. In case of seminarians, college students,
and former postulants or novices in another Order, the su
perior or rector shall confirm the testimonial by oath.
§ 2. If he of whom are requested testimonials thinks
that on account of serious reasons he cannot answer, he shall
within three months explain the reasons to the Holy See.
§ 3. If he answers that the applicant is not sufficiently
known to him, the religious superior shall supply the testi
monials through other accurate investigation and trust
worthy reports; if the bishop, rector of the seminary, etc.,
does not answer at all, the religious superior who needs the
testimonial shall inform the Holy See about the failure of
receiving an answer.
§ 4. The testimonials are to deal with the origin, man
ners, talents, character, reputation, studies; whether the can
didate is under irregularity or other canonical impediment,
whether the parents are in need of his services, and, in case
of those who were in a novitiate or in a seminary or college,
why they were dismissed or why they left of their own ac
cord. (Canon 545.)
391. All those who receive the above mentioned infor
mation are strictly bound to observe secrecy as to the knowl
edge they secured and from what persons it was obtained.
(Canon 546.)
392. § 1. In monasteries of women with solemn vows
the postulant must bring the dowry required by the consti
tutions or determined by lawful custom.
NOVITIATE 105
§ 2. This dowry shall be given to the monastery before
the reception of the habit, or shall at least be made certain
in legal form recognized by the civil law.
§ 3. In congregations of women with simple vows, the
existing customs concerning the dowry shall be observed.
§ 4. The prescribed dowry cannot be remitted, either
in whole or in part, without an indult of the Holy See, if there
is question of a community of papal law; and not without
the permission of the Ordinary, if a diocesan congregation.
(Canon 547.)
393. The dowry is acquired irrevocably by the monas
tery or religious congregation by the death of the religious,
even though she should have taken only temporary vows.
(Canon 548.)
394. After the first profession of a religious her dowry
is to be placed by the superioress, acting with her council,
in safe, lawful and fruitful investment. The bishop's consent
is required, and also that of the regular superior if the nuns
are under his jurisdiction. It is absolutely forbidden to
expend the dowry in any way before the death of a sister
not even for the building of the convent, or the reduction
of a debt. (Canon 549.)
395. The dowry must be carefully administered at the
monastery or habitual residence of the Mother General or
Mother Provincial.
The Ordinaries should specially watch over the conser
vation of dowry and demand an exact account at the time
of the visitation. (Canon 550.)
396. The dowry of a sister, either of simple or of sol
emn vows, who for any reason leaves the religious life must
be returned to her entirely, without the interests which have
already matured.
If a professed sister goes, by indult of the Holy See, over
to another Order, the new Order has the right to the income
from the dowry during the novitiate, and upon profession
in the new Order the dowry itself must be turned over; if
she is transferred to another monastery (there is understood
such monastery as is of the nature of an abbey) the dowry
belongs to that monastery from the time of the transition.
(Canon 551.)
106 THE NEW CANON LAW
397. Two months at least before the reception of
novices, or the profession of either temporary or perpetual,
simple or solemn vows, takes place in communities of women,
even exempt ones, the superioress must notify the bishop.
The bishop, or in case of absence or other impediment,
the priest delegated by him, shall at least thirty days before
the reception examine each of those to be received to the
novitiate, or admitted to profession, whether she of her own
free will enters the novitiate or makes, or renews, her pro
fession. (Canon 552.)
Article II. Education of the Novices.
398. The novitiate begins with the reception of the
habit, or in such other way as prescribed by the constitu
tions. (Canon 553.)
399. The house of novitiate shall be erected according
to the constitutions. If, however, there is question of Or
ders and congregations approved by Rome, the permission
of the Holy See is required for the erection of the novitiate.
There cannot, as a rule, be several novitiates in one and
the same province, if the organization is divided into prov
inces, but if there should be grave reason for having several
novitiates a special indult of the Holy See must be obtained.
The superiors must place in the house of novitiate only
such religious that will give a good example of religious dis
cipline. (Canon 554.)
400. Besides the other conditions required by Canon
542, for validity of the novitiate, the following points are de
manded for a valid novitiate :
1 The candidate must be at least fifteen years of age.
2. He must stay in the novitiate for one continuous
and complete year.
3. He must stay in the house of novitiate.
If the constitutions prescribe a longer period for the
novitiate, this is not necessary for validity, unless the con
stitutions explicitly demand it under pain of invalidity.
(Canon 555.)
401. The novitiate is interrupted so that it must be
made over again, if the novice after dismissal by the superior
NOVITIATE 107
has actually left the house, or if without permission he left
the house with the intention not to return, or if for any rea
son, even with the permission of the superior, he remained
outside the house of novitiate for over thirty days, either
continuous or otherwise.
If the novice remained outside over fifteen days, but not
over thirty, either with the permission of the superior or by
force of circumstances, as for instance, fire, flood, etc., and
continued under the obedience of the superior, it is neces
sary for validity to supply as many days as the novice was
away, even though he was absent only a day or two at a
time. If all the days a novice was absent from the novitiate
do not amount to over fifteen days, the superior may demand
that they are supplied, but this is not required under pain
of invalidity.
The superior must not give permission to a novice to
remain outside, except for a serious reason.
If the novice is transferred by his superiors from one
house of novitiate to another of the same Order or congre
gation the novitiate is not interrupted. (Canon 556.)
402. During the entire year of the novitiate the novice
shall wear the habit prescribed by the constitutions, unless
the peculiar circumstances of a place demand otherwise.
(Canon 557.)
403. In religious communities where there are two
classes of novices, the novitiate made for one class is not
valid for another; for instance, in Orders where some novices
are destined for the priesthood, others for lay brothers.
(Canon 558.)
404. A master of novices is to be appointed for the
training of the novices. He should be at least thirty-five
years of age, ten years professed, counting the years from
his first profession, possessed of the qualities required for
his office, and in clerical religious communities the master of
novices must be a priest.
If on account of the large number of the novices, or for
another just cause, it seems advisable to have a sub-master
of novices, he shall be under the immediate authority of the
master in regard to the management of the novitiate. The
sub-master should be thirty years of age or over, at least
108 THE NEW CANON LAW
five years professed, and possess other necessary qualifica
tions for hi-s office.
Both master and sub-master of novices must be free
from all offices and duties which would interfere with the
government of the novices. (Canon 559.)
405. The master and sub-master of novices shall be
elected according to the constitutions, and, if these fix the
term of office, the master and sub-master should not within
their term be removed from office, except for a grave and
just reason; they may be re-elected. (Canon 560.)
406. The government of the novitiate belongs exclu
sively to the master of novices and all others are forbidden
to interfere, except those superiors to whom the constitu
tions give that power, and the Visitor. In reference to the
discipline of the entire community, master and novices alike
are subject to the local superior.
The novices are under the authority of the master and
of the superiors of the Order and are held to obey them.
(Canon 561.)
407. The master has the serious duty of zealously in
structing the novices in the practices of religious life, ac
cording to the constitutions and the rules of Canon 565.
(Canon 562.)
408. During the year of novitiate the master shall
make report of the conduct of the individual novices to the
Chapter, or the major superior, according to the regulations
of the constitutions. (Canon 563.)
409. The novitiate must, as far as possible, be sepa
rated from that part of the house where the professed live,
and without special reason and the permission of the superior
or the master they shall have no communication with the pro
fessed religious, nor these with the novices.
The novices for the lay-brotherhood shall have assigned
to them a separate place. (Canon 564.)
410. The master of novices must instruct the novices
in the Rule and the Constitutions, in the three vows and the
corresponding virtues, in prayer and meditation, in pious
exercises conducive to the acquisition of virtue, and in the
suppression of faulty habits.
The lay-brother novices should moreover be thoroughly
NOVITIATE 109
instructed in Christian doctrine, for which purpose a spe
cial instruction shall be given to them at least once a week.
During the year of novitiate the novice, if a priest, shall
not be appointed to preach, or to hear confessions, or to at
tend to services outside the house. The novices should not
engage in regular courses of studies of letters, sciences or
arts. The lay-brother novices may within the religious com
munity attend to the duties of lay-brothers, not, however, as
principal brother in charge of the various workshops, for
instance, and only in so far as such work does not interfere
with the exercises prescribed for them in the novitiate.
(Canon 565.)
411. The confessor of the novices in communities of
women is to be appointed according to Canons 520-527.
In communities of men, saving the law of Canon 519,
the following shall be observed:
1. According to the number of novices there should be
appointed one or more ordinary confessors, provided the
master of novices does not hear their confessions, which
Canon 891 ordinarily forbids.
2. The ordinary confessors, in clerical religious com
munities, must be residents of the house of novitiate; in
laical religious communities they must frequently come to
the house of novitiate to hear the confessions of novices.
3. Besides the ordinary confessors, several other con
fessors should be appointed to whom the novices may freely
go in particular cases, and the master should not show dis
pleasure.
4. Four times a year at least the novices shall have an
extraordinary confessor, whom all novices must approach to
receive his blessing, if perhaps they do not want to confess
to him. (Canon 566.)
412. The novices enjoy all privileges and spiritual
favors granted to the Order or congregation; if they die as
novices they have a right to the suffrages prescribed for
professed members.
The novices shall not be promoted to orders during the
novitiate. (Canon 567.)
413. If the novice during the year of novitiate re
nounces in any way his right to benefices, or goods, or
110 THE NEW CANON LAW
property, such renunciation is not only illicit but invalid by
law. (Canon 568.)
414. Before taking simple vows, either temporary or
perpetual, the novice must cede the administration of his
temporal goods to a person of his choice and also dispose
of their use and revenue at pleasure, unless the constitutions
of his Order have other regulations concerning the use and
revenue of the goods of novices.
If a novice did not make any arrangement concerning
temporal goods because he had none at the time, and after
wards acquired some, or if he made such disposition, but
acquired more goods afterwards, he shall notwithstanding
his simple profession dispose of the goods according to the
foregoing paragraph of this Canon.
Novices in religious congregations can, before taking
temporary vows, freely dispose by last will of goods both
actually possessed, and those they may chance to receive
in future. Novices of Orders with solemn vows cannot dis
pose by last will, or any other way, of goods that may after
solemn profession come to them by inheritance or other
right, for from the moment of solemn profession the Order
enters into all the rights of the professed, or the Holy See
if the Order is incapable of possessing. (Canon 569.)
415. No compensation can be asked for the expendi
tures of keeping a novice in the novitiate, except what the
constitutions perhaps demand for food and clothing, or what
was agreed upon for these purposes by explicit contract.
Whatever the applicant brought along, and has not ac
tually consumed by use must be returned to the individual if
he does not make profession and returns to the world.
(Canon 570.)
416. The novice is free to leave the community, and
the superior or the Chapter, according to the constitutions,
may dismiss the novice for any just cause without obliga
tion on the part of the superior or Chapter to tell the novice the
reason why he was dismissed.
When the year of novitiate is completed the novice, if
judged qualified, shall be admitted to profession, otherwise
he must be dismissed. If there exist some doubt as to his
RELIGIOUS PROFESSION 111
fitness for profession the major superiors may prolong the
time of novitiate for not longer than six months.
Before taking vows the novice shall make a retreat for
at least eight full days. (Canon 571.)
CHAPTER III.
Religious Profession.
417. For the validity of any religious profession the
following is required :
1. The novice must have the requisite age according
to Canon 573, namely, at least sixteen years.
2. He must be admitted to profession by the legitimate
superior, he, namely, who has by the constitutions of the
respective Order or congregation the right to admit to pro
fession, or to delegate others.
3. A valid novitiate must have preceded, according to
the conditions of Canon 555.
4. The profession must be made without force or grave
fear or deceit.
5. The profession must be explicit. Up to the present
time there was no general law of the Church demanding an
explicit profession under pain of invalidity, and an implicit
profession was recognized under certain circumstances, un
less the constitutions of an Order or congregation positively
rejected implied profession.
6. The profession must be made into the hands of the
superior whom the constitutions authorize or his delegate.
For the validity of the profession of perpetual vows,
both simple and solemn, it is, moreover, required that the
simple, temporary profession precedes, according to Canon
574. (Canon 572.)
418. Whosoever wants to make religious profession
must be fully sixteen years of age if there is question of tem
porary vows ; and twenty-one years in the case of perpetual
profession either solemn or simple. (Canon 573.)
419. In every Order, both of men and women, and in
every congregation which has perpetual vows, the novice
must in the house of novitiate take temporary vows for three
years, or for a longer period if he will not yet be twenty-one
112 THE NEW CANON LAW
years of age after three years of temporary vows. If the
constitutions demand yearly profession, they are to be fol
lowed. An exception from this rule is made only in case of
transition of a perpetually professed member to another
Order, of which Canon 634 treats.
In this Canon there are two important points which are
new in the legislation of the Church. Up to the present time
the clerical novices in many Orders took simple perpetual
vows immediately after the novitiate. By the present law
all novices without distinction must take temporary vows for
at least three years ; secondly, they must be fully twenty-one
years of age in order to take solemn vows in religious Orders,
and simple perpetual vows in congregations. The vows up
to twenty-one years of age must necessarily be temporary,
for only after those years does the Code habilitate a person
to take perpetual or solemn vows.
The superior who has authority to admit members to
profession may prolong the period of the temporary vows
by making the religious again take temporary vows, but not
for more than another term of three years. (Canon 574.)
420. After the time of the temporary vows has expired,
the religious may either return to the world, according to
Canon 637, or make the perpetual profession which is either
simple or solemn, according to the constitutions of various
religious organizations. If during the period of the tem
porary vows the religious is not judged worthy to take
solemn vows he may be dismissed in the manner defined by
Canon 647.
The vote of the council or the Chapter for the first, tem
porary profession, is deliberative, which means that the su
perior is not allowed to act against it; for the following, per
petual profession both simple and solemn it is merely
consultive, which does not oblige the superior to act accord
ing to the vote. (Canon 575.)
421. In the making of the profession the rite pre
scribed by the constitutions shall be observed.
The record of the profession shall be signed by both the
religious who made the profession, and the one who received
the profession. Moreover, when there is question of solemn
profession, the superior who officiated shall inform the pastor
RELIGIOUS PROFESSION 113
of the place where the professed was baptized, as Canon 470,
§ 2, demands. (Canon 576.)
422. When the time of the temporary vows expires,
there should be no delay in the renewal of the vows.
Faculty is given to the superiors to allow for a good
reason that the renewal of temporary vows may be anticipated
for some time, not over one month. (Canon 577.)
423. The religious who are under temporary vows in
Orders and congregations, according to Canon 574:
1. Enjoy the same indulgences, privileges and spiritual
favors as the religious in perpetual or solemn vows, and if
they die in temporary vows they have the right to the same
suffrages as the other professed members.
2. They are held to the observance of the Rule and
constitutions, but, if the Order has the obligation of the
choir, they are not held to the private recitation of the Divine
office, unless they are in sacred orders, or the constitutions
impose the private recitation.
3. They have neither active nor passive vote, unless
the constitutions explicitly state otherwise. The time, how
ever, prescribed for having active and passive vote, for in
stance, the requirement of ten years of profession for being
elected to an office, is counted from the first profession, if
the constitutions determine nothing on this point. (Canon
578.)
424. The simple profession, both temporary and per
petual, renders actions against the vows illicit, not invalid,
unless the contrary has been explicitly decreed. The solemn
profession, however, renders actions contrary to the vows
also invalid, if they can be invalidated by their nature.
(Canon 579.)
425. Every simple professed religious, whether in tem
porary or perpetual vows, retains the proprietorship of his
goods and the capacity to acquire other goods, within the
limits of Canon 569, unless the constitutions limit the ca
pacity to possess, or to acquire.
Whatever the religious acquires by work, or what is
given him in consideration of his being a religious, he ac
quires for the community.
Any change which the professed religious wants to make
114 THE NEW CANON LAW
concerning the administration, use, etc., of his goods, spoken
of in Canon 569, § 2, he cannot make of his own free will
(unless the constitutions allow this), but he needs the per
mission of the supreme head of the Order or congregation;
in communities of nuns with solemn vows the permission
of the bishop, and of the regular superior also if the nuns
are under his jurisdiction, is demanded. Such change can
not be allowed if it is made for the benefit of the religious
community in notable quantity. By the very fact of aban
doning the religious life all cession of rights and other dis
positions are annulled, and the former religious regains his
rights to the goods of which he had the ownership. The
Church forbids that simple professed religious give up the
ownership of the goods they have, for the reason that through
loss of vocation or other reasons it may become necessary
to dispense a religious from his vows, in which case he will
need again what goods he had. (Canon 580.)
426. The simple professed religious cannot validly re
nounce rights of proprietorship of his goods until two months
before solemn profession, at which time he must, under con
dition that solemn profession is made, renounce all goods
which he actually has in favor of any persons he prefers.
Special indults given by the Holy See to Orders of solemn
vows that solemn professed members retain proprietorship
of the goods they have, are to remain in force.
When solemn profession has been made, the formalities
of the civil law necessary to make the renunciation of the
goods of the professed valid in the civil courts should be com
plied with. (Canon 581.)
427. After solemn profession, saving special indults of
the Holy See, all goods which may in any way come to the
individual religious (1) belong to the Order, or province, or
house, according to the constitutions, if the Order is capable
to possess goods; (2) in an Order incapacitated by Canon
Law to possess, the Holy See assumes the title of ownership.
(Canon 582.)
428. The simple professed religious in congregations
are not allowed: (1) to give away or make donation of their
goods; (2) they may not change the last will made accord
ing to Canon 569, § 3, without permission of the Holy See,
STUDIES IN CLERICAL RELIGIOUS COMMUNITIES 115
or, if the matter is urgent and there is no time for recourse
to Rome, without the permission of the major superior of
the congregation, or at least the local superior if the major
superior cannot be reached in time. (Canon 583.)
429. After one year from the making of any profession,
parochial benefices which the professed religious possessed
become vacant; other benefices after three years. (Canon
584.)
430. The religious who takes perpetual vows, whether
simple or solemn, thereby loses his own proper diocese he
had when in the world. (Canon 585.)
431. The profession which was invalid on account of
some external impediment does not become valid by any
subsequent acts; it is necessary either to obtain a sanatio
from the Holy See, or to make the profession over again
after the impediment has ceased and the religious has come
to the knowledge of the nullity of his profession.
If the profession was invalid merely on account of want
of internal consent, it is validated by giving consent, pro
vided the consent of the Order or congregation has not been
revoked.
If there is serious doubt as to the validity of the pro
fession, and the religious refuses either to ask for a sanatio
ad cautelam from the Holy See, or to make the profession
over again, the matter shall be laid before the Holy See.
(Canon 586.)
TITLE XII.
Studies in Clerical Religious Communities.
432. Every clerical religious organization shall have
houses of study approved by the General Chapter or the su
periors, and, according to Canon 554, § 3, only such religious
that are perfect in their religious life shall be placed in those
houses.
In the house of study the community life must be per
fect, otherwise the students cannot be promoted to orders.
If the province has no properly equipped houses of
study, or though it has them, access to them has become
difficult, the religious students may be sent to a well
equipped house of studies of another province, or another
116 THE NEW CANON LAW
Order, or to the episcopal seminary, or to a Catholic Uni
versity.
Religious who are sent to a distant place for study are
not allowed to board in private houses, but must live either
in a nearby house of their Order, or with another religious
community of men, or in a seminary or other institution
in charge of priests and approved by the ecclesiastical au
thority. (Canon 587.)
433. During the entire course of studies the religious
shall be under the special care of a prefect or master, who
shall lead them on in religious life by timely admonition and
instruction.
The prefect or master must have the same qualifications
as required in the master of novices by Canon 559, § 2, § 3.
The superiors shall see to it that the regulations of
Canon 595 for all religious houses are most perfectly ob
served in the house of studies. (Canon 588.)
434. The religious, after due instruction in the inferior
studies, shall engage in the study of philosophy for at least
two years, in theology four years, following the teaching of
St. Thomas, according to Canon 1366, §2, and the instruc
tions of the Holy See.
During the time of studies no duties should be imposed
on professors and students which will interfere in any way
with the studies. The General, and in particular cases other
superiors, may exempt professors and students from some
community exercises and also from the choir, especially the
midnight office, if they judge it necessary. (Canon 589.)
435. The religious priests shall each year, for at least
five years after the completion of the course of studies pass
an examination before learned Fathers appointed for that
purpose. Those who teach sacred theology, Canon Law or
scholastic philosophy are exempted, and the major superiors may
exempt others for a grave reason. (Canon 590.)
436. In every large community (domus formata) at
least there shall be held once a month, or more frequently,
a discussion on moral or liturgical cases to which may, at
the discretion of the superior, be added a sermon on dog
matic and kindred subjects. All professed clerics who en-
DUTIES AND PRIVILEGES OF RELIGIOUS 117
gage in the study of theology, and the priests of the com
munity must assist at these conferences, unless the constitu
tions rule otherwise. (Canon 591.)
TITLE XIII.
Duties and Privileges of Religious.
CHAPTER I.
Duties.
437. All religious are held to the common obligations
of the clergy outlined in Canons 124-142, unless the context
or the nature of the law argue the contrary. (Canon 592.)
438. All religious, superiors as well as subjects, must
not only faithfully keep the vows which they have taken,
but also live according to the Rules and Constitutions proper
to their Order or congregation, and in this manner strive
after the perfection of their state. (Canon 593.)
439. In every community the community life shall be
followed by all, also in those things pertaining to food, cloth
ing and furniture.
Whatever is acquired by religious, not excepting the
superior, according to Canons 580, § 2, and 582, n. 1, must
be added to the goods of the Order, province, or house, and
any money, deeds, etc., must be deposited in the common
treasury.
The furniture of the religious must be in harmony with
the poverty they have vowed in their profession. (Canon
594.)
440. The superiors shall see to it that all religious :
1. Make a retreat each year.
2. Are present at the daily Mass, and perform the medi
tations and other spiritual exercises prescribed by Rule and
constitutions.
3. Make their confession at least each week.
The superiors shall promote frequent and daily Com
munion ; frequent and even daily Communion must be freely
allowed to religious who are properly disposed.
If a religious after the last confession has given great
scandal to the community, or has committed an external
118 THE NEW CANON LAW
mortal sin, the superior can forbid that person to go to Holy
Communion until he has gone again to confession.
If any religious community, both of simple and solemn
vows, has regulations or constitutions in which the days for
Holy Communion are prescribed, such regulations shall have
merely the force of directive rules. (Canon 595.)
441. All religious shall wear the habit of their Order
or congregation in the house as well as outside, unless ac
cording to the judgment of the major superior, or in case of
necessity, of the local superior, an exception should be made.
(Canon 596.)
442. The papal enclosure must be observed in all
houses of religious men and women with solemn vows, even
in the small houses or residences.
Under the law of enclosure fall the whole house inhab
ited by the religious, with the gardens and recreation
grounds reserved to the religious. The public church with
the adjoining sacristy, the hospice for strangers, the parlors,
which should as far as possible be near the door of the house,
are excepted from the enclosure.
The places subject to the law of enclosure shall be
plainly indicated by public notices. The major superior or
the General Chapter, as the constitutions may determine, and
in case of nuns with solemn vows the bishop, shall have the
right and duty to accurately fix the limits of the enclosure
or also to change them for good reasons. (Canon 597.)
443. Within the enclosure of regulars, women of any
age, family and state, are forbidden to be admitted under
any pretext.
Exception from this law is made for the wives and their
lady attendants of the highest rulers of nations. (Canon 598.)
444. If a house of regulars has attached to it a school
or college for its own students, or conducts other institutions
proper to the Order, a separate part of the building should
be reserved, as far as possible, for the exclusive dwelling of
the religious and subject to the law of enclosure.
To the places outside the enclosure set apart for the
students or for other purposes of the Order, women should
not be admitted except for good reason and with permission
of the superior. (Canon 599.)
DUTIES AND PRIVILEGES OF RELIGIOUS 119
445. Within the enclosure of nuns with solemn vows
no person of whatever sex, age, family, and condition of life
must be admitted without the permission of the Holy See.
The only exceptions granted are as follows :
1. The local Ordinary, or the regular superior, or an
other Visitor delegated by them may at the time of visita
tion enter the enclosure for the purpose of inspection only,
and on condition that at least one cleric or religious of ma
ture age accompany them.
2. The confessor, or the priest who takes his place,
may with due precautions enter the enclosure to administer
the Sacraments or to assist the dying.
3. The highest ruler of the nation with his wife and
escort; also Cardinals.
4. The Mother Superior may, with previous general
permission of the local Ordinary, and the observance of due
precautions, admit within the enclosure doctors, surgeons
and others whose help is needed. If necessity urges, and
there is no time to ask the approval of the bishop for admit
ting the aforesaid persons, the law presumes permission.
(Canon 600.)
446. No nun with solemn vows is allowed to leave the
enclosure without special permission from the Holy See,
except in a case of imminent danger of death or other most
serious evil.
If there is time, the local Ordinary must be consulted
concerning the reason for leaving the enclosure. (Canon
601.)
447. The enclosure of nuns with solemn vows must be
so arranged that view of the outside world is cut off, and
that outsiders cannot look in. (Canon 602.)
448. The enclosure of nuns, though they be under the
jurisdiction of the regulars, is subject to the bishop of the
diocese who can punish all violations of the enclosure, even
on the part of the regulars, with ecclesiastical penalties and
censures.
The enclosure of nuns subject to the regulars is, more
over, under the jurisdiction and custody of the regular su
perior, who can punish the nuns and his other subjects with
120 THE NEW CANON LAW
ecclesiastical penalties for the violation of the law of en
closure. (Canon 603.)
449. In the houses of religious congregations of
women, both of papal law and diocesan, the law of enclosure
shall be observed so that those only who by law have a right
to enter, as specified in Canons 598, § 2, and 600, shall be
admitted, and others with permission of the superiors for
good reason.
The regulations of Canon 599 shall be applied also to
the houses of religious congregations of men and women.
The bishop may for special and serious reasons safe
guard the enclosure of congregations with ecclesiastical cen
sures, except for a clerical, exempt congregation; the bishop
has, however, the right in all cases to see to the observance
of the enclosure, and to correct abuses that might creep in.
(Canon 604.)
450. All those whose duty it is to guard the enclosure
shall see to it that the religious discipline and spirit does not
suffer by useless visits of outsiders. (Canon 605.)
451. Superiors shall attend to it that regulations of
their own constitutions concerning the going out of subjects,
the visiting of seculars, and the visits in the parlor, are faith
fully observed.
The superiors cannot give permission, outside the cases
mentioned in Canons 621-624, to their subjects to live outside
the houses of the Order, except for a short period. For an
absence of more than six months, except in cases of study,
the permission of the Holy See must be obtained. (Canon
606.)
452. The superioress and the bishops shall see to it that
no sister, except in case of necessity, shall go out of the house
without another sister as companion. (Canon 607.)
453. The superiors should see to it that the religious
priests destined for outside work do gladly and willingly help
out, at the request of the Ordinary or of the pastors, in the
sacred ministry wherever they are needed, especially in their
own diocese; religious discipline, however, must not suffer
by it.
On the other hand, Ordinaries and pastors are urged by
the Church to avail themselves of the work of the religious,
DUTIES AND PRIVILEGES OF RELIGIOUS 121
especially of those in their own diocese, in the sacred min
istry, particularly for confessions. (Canon 608.)
454. If a church at which the religious live, is at the
same time a parish church, the rules of Canon 415 shall be
applied.
In the churches of religious women, either with solemn
or simple vows, no parish can be established.
The superiors should see to it that the services in their
churches do not interfere with the attendance at the cateche
tical instructions and the explanation of the holy Gospel in
the parish churches. The judgment concerning this question
is left to the bishop. This Canon has reference to places
where the religious have no parish church. (Canon 609.)
455. In all houses of religious, both men and women,
who have the obligation of the choir, the Divine office must
be said if there are at least four choir members who are not
actually impeded by lawful impediment; even fewer members
may be bound to say the office in common, if the constitu
tions so demand it.
The Holy Mass corresponding, according to the rubrics,
with the office of the day, shall daily be said in all religious
houses of men, and also, as far as possible, in those of sisters.
In Orders of men, and Orders of nuns with solemn vows,
who have the obligation of the choir, the solemn professed,
with the exception of the lay-members, shall be bound to re
cite the Divine office privately, if they have been absent from
choir. (Canon 610.)
456. All religious, both men and sisters, may freely
write and send letters, without their being subject to inspec
tion, when addressed to the Holy See or the Papal Legate of
the country, to the Cardinal Protector of the Order, to their
own major superiors, to their own local superior during his
absence from the house, and to the local bishop, if they are
subject to him, and the nuns who stand under the jurisdiction
of the regulars, also to the major superiors of the Order. The
same religious may likewise receive letters from the aforesaid
superiors which no one is allowed to open and inspect. (Canon
611.)
457. The bishop may command also the exempt reli
gious to have, according to Canon 1345, a brief explanation
122 THE NEW CANON LAW
of the holy Gospel in the Masses on Sundays, prescribe the
ringing of church bells on certain occasions, ordain public
prayers, processions, etc., saving the constitutions and privi
leges proper to each Order. (Canon 612.)
CHAPTER II.
Privileges of the Religious.
458. Each religious Order or congregation has only
those privileges which are either contained in this Code or
which have been directly granted to each, and for the future
all communication of privileges is excluded.
The privileges which regulars enjoy belong likewise to
the solemn professed nuns of the same Order, in as far as
they are capable of enjoying them. (Canon 613.)
459. All religious, not excluding lay-brothers and nov
ices, enjoy the privileges of clerics spoken of in Canons 119-
123. (Canon 614.)
460. Regulars, and nuns with solemn vows subject to
regulars, are exempt with their novices, houses and churches
from the jurisdiction of the bishop of the diocese, with the
exception of the cases explicitly mentioned in the law.
(Canon 615.)
461. Regulars who are unlawfully away from their
house, even though under the pretext of recurring to their
superiors, do not enjoy the privilege of exemption.
If a regular has committed a crime outside the religious
house and the Ordinary has without result admonished the
superior to punish him, the Ordinary can punish such a reli
gious, even though he was lawfully outside the house when
he committed the crime, and has since returned to the house.
(Canon 616.)
462. If disorders have crept into an exempt religious
house and the bishop has without result asked the superiors
to stop the disorders, the bishop is obliged to refer the mat
ter to the Holy See.
The small houses or residences of even the exempt reli
gious remain under the special vigilance of the local Ordi
nary, and if there abuses have crept in which are a scandal to
the faithful, the Ordinary may in the meantime while await-
PRIVILEGES OF THE RELIGIOUS 123
ing instructions from the Holy See take the steps necessary
to end the scandal (Canon 617.)
463. Religious congregations with simple vows do not
possess the privilege of exemption, unless it has been spe
cially given them by the Holy See.
In religious congregations of papal law the bishop is not
allowed: (1) to change the constitutions in any way, or to
interfere in the administration of the goods and property,
except in as far as Canons 533-535 give him the right; (2) to
interfere in the internal government and discipline of the
religious, except in the cases stated in law. Nevertheless, in
lay-congregations the bishop has the right to inquire whether
the religious discipline is observed according to the constitu
tions, whether in faith or morals there is fault to be found,
whether the enclosure is observed, whether the Sacraments
are received as frequently as they should. If the superiors,
after having been admonished to correct abuses, have not
done their duty he himself may take the matter in hand. If,
however, anything of greater importance arises which does
not suffer any delay, he may give his orders but he must re
port to the Holy See what he has done in the matter. (Canon
618.)
464. In all matters in which religious are subject to the
bishop they may also be punished by him with ecclesiastical
penalties. (Canon 619.)
465. By an indult legitimately granted by the Ordinary
to the people of the diocese, the religious living in the diocese
are also freed from the obligation of the common law from
which dispensation was granted, saving the vows and the
constitutions of the various Orders or congregations. (Canon
620.)
466. Regulars who are by their institution mendicants
and live as such, may in the diocese in which they have a
house go begging for alms with the sole permission of their
superiors. Outside the diocese they need the written per
mission of the Ordinary of the diocese.
This permission the Ordinaries of nearby dioceses
should not deny, nor recall, except for grave and urgent rea
sons, if the religious house cannot get sufficient support from
the alms collected in its own diocese. (Canon 621.)
124 THE NEW CANON LAW
467. All other congregations of papal law are forbidden
to collect alms without special permission of the Holy See.
If they have obtained this permission, they need, moreover,
the written consent of the local Ordinary, unless the papal in-
dult states otherwise.
A diocesan congregation must have permission to ask
for alms of both the bishop in whose diocese their house is
located and the bishop in whose diocese they wish to go
begging.
Religious congregations should not be allowed to go
begging except when it is really necessary, and if it suffices
for their needs to beg in the place or diocese where the house
is located, permission to go to other places or dioceses should
not be given them.
Latin Ordinaries should not allow any of the Orientals
of any Order or any ecclesiastical dignity to collect money in
their diocese unless these men have an authentic and recent
rescript of the S. Congregation for the Oriental Church.
Bishops of the Latin Rite should not let their subjects go
into an Oriental diocese for alms. (Canon 622.)
468. Superiors are not allowed to send out for alms any
other than professed members of mature age, especially when
there is question of sisters, and never should they send out
religious engaged in studies. (Canon 623.)
469. As to the manner of going out begging for alms
the religious of either sex must observe the instructions that
have been issued before by the Holy See. (Canon 624.)
470. The regular abbots in charge of an abbey must
within three months from their election receive the blessing
from the bishop of the diocese in which the abbey is situated.
After the reception of the blessing they have the power to
confer the first tonsure and minor orders according to Canon
964, and enjoy also the privileges mentioned in Canon 325,
with the exception of the purple skull cap. (Canon 625.)
CHAPTER III.
Duties and Privileges of a Religious Promoted to an Eccle
siastical Dignity, or to Rectorship of a Parish.
471. The religious cannot without indult of the Holy
DUTIES AND PRIVILEGES OF RELIGIOUS 125
See be promoted to dignities, offices or benefices incompa
tible with the religious state.
A religious legitimately elected by some college to such
offices cannot assent to the election without the permission
of his superior.
If the religious is held by vow not to accept dignities, a
special dispensation of the Roman Pontiff is required.
(Canon 626.)
472. The religious raised to the Cardinalate or the epis
copate, whether residential or titular, continues to enjoy the
privileges of his Order, and remains subject to the vows and
other obligations of his profession, with the exception of
those things which according to his judgment are not com
patible with his dignity. Other exceptions are contained in
the following Canon.
He is, however, exempt from the authority of his su
periors, and, as far as his vow of obedience is concerned, he
becomes subject solely to the Roman Pontiff. (Canon 627.)
473. The religious who has been raised to the dignity
of the episcopate or any other outside his own Order:
1. If he by his profession lost the ownership of goods,
he gets the use, usufruct and administration of the goods
which he acquires; the proprietorship of goods acquired by
a residential bishop, Vicar-, or Prefect-Apostolic belongs to
the diocese, vicariate or prefecture, the proprietorship of the
goods of titular bishops, or any others not mentioned above,
goes to the Holy See, according to the rules of Canons 582
and 239, § 1, n. 19.
2. If he did not lose proprietorship by his profession, he
regains the use, usufruct and administration of the goods he
had, and those he acquires afterwards he acquires for himself
with full right.
In both cases he must dispose of those goods which do
not come to him in consideration of his own person according
to the will of the donors. (Canon 628.)
474. When he abdicates the Cardinalate or episcopate
or has finished the office outside the Order committed to him
by the Holy See, the religious is bound to return to the Or
der.
A Cardinal or a bishop returning to his Order may
126 THE NEW CANON LAW
choose any house of his Order where he wishes to stay but
he has neither active nor passive vote. (Canon 629.)
475. The religious who rules a parish with the title of
either pastor or vicar, remains bound to the observance of the
vows and constitutions in as far as their observance is pos
sible in performing the duties of his office.
Wherefore in those things which pertain to the religious
discipline he is subject to the religious superior to whom
alone it belongs, to the exclusion of the Ordinary, to inquire
concerning his observance of the religious life and to punish
him.
The goods which come to him in consideration of the
parish which he governs, he acquires for the parish, other
goods he acquires in the same manner as other religious of
his Order or congregation.
Notwithstanding his vow of poverty he is allowed to ac
cept and collect and administrate alms for the benefit of the
parishioners, or for the Catholic school, or other pious insti
tutes connected with the parish. He may also according to
his judgment spend those alms in accordance with the inten
tion of the donors. The superior, however, has the right to
watch the doings of the pastor. To collect, accept, keep and
administrate alms for the building, conservation, repair or
decoration of the parish church belongs to the superior if the
church is owned by the religious community; otherwise to
the bishop. (Canon 630.)
476. Such a pastor or vicar is subject to the visitation,
correction and entire jurisdiction of the bishop, like any other
pastor, excepting only the question of his religious observ
ances. The bishop has this power over a religious pastor
even though he is pastor in the place where the major su
perior has his ordinary residence.
The bishop when finding the pastor neglectful in his
office can issue commands and punish him with ecclesiastical
penalties. The religious superior, however, has the same
right as the bishop to proceed against the neglectful pastor.
If the bishop and the superior disagree, the orders of the
bishop prevail.
Both the bishop and the religious superior have equal
rights in removing the pastor, and neither has to give a rea-
TRANSITION TO ANOTHER ORDER 127
son to the other, as Canon 454, § 5, states. As regards con
tracts and investments, etc., concerning the goods of the
parish the bishop's consent is required as demanded by
Canons 533, § 1, n. 4, and 535, § 3, n. 2. (Canon 631.)
TITLE XIV.
Transition to another Order.
477. A religious cannot go over to another Order, even
a stricter one, nor from one independent monastery to an
other, without permission from the Holy See. (Canon 632.)
478. The religious who goes over to another Order
must make the novitiate, during which the vows he has taken
in the first Order continue, but the particular duties and priv
ileges of that Order are suspended. He is held to obey the
superiors and the master of novices of the new Order also in
virtue of the vow of obedience.
If he does not make profession in the Order to which he
goes over, he must return to the former Order, unless his
temporary vows have expired in the meantime.
The religious who goes over from one monastery to an
other of the same Order, for instance if a religious of the
Order of St. Benedict obtains papal indult to join another
Benedictine abbey, need not make again novitiate and pro
fession. (Canon 633.)
479. A religious in solemn or simple perpetual vows,
who obtains the papal indult to join another religious organi
zation with solemn or perpetual simple vows, shall after the
completion of the novitiate in the new Order or congregation
take immediately either solemn or perpetual simple vows, or,
if rejected, return to his former Order or congregation. The
superior has the right to prolong the time of novitiate for an
other year, but no longer. (Canon 634.) This Canon is an
exception to the rule of Canon 574 which demands that in all
religious communities temporary vows should be made be
fore a person is admitted to solemn or simple perpetual vows.
It may be noted, also, that this Canon refers only to religious
who join another Order or congregation while they are under
vows. If they obtained a dispensation from their vows and
after that the permission to enter another Order or congre
gation, they must follow the law of Canon 574.
128 THE NEW CANON LAW
480. Those religious who go over to another monastery
of the same Order, shall from the day of transition, and those
who go to a different Order, shall from the day of profession
in that Order:
1. Lose all rights, and are freed from all obligations, of
the former Order or monastery, and acquire the rights and
are subject to the obligations of the new Order, or monas
tery.
2. The former Order or monastery retains the goods of
which it has already acquired ownership on account of the
religious. As regards the dowry and its revenue, and other
personal goods which the religious might have, the rule of
Canon 551, § 2, is to be observed. The new Order has the
right to demand some compensation for maintenance of the
religious during the year of novitiate, if the Order is accord
ing to Canon 570, § 1, allowed to accept compensation for
the maintenance of novices. (Canon 635.)
481. If a religious with solemn vows has obtained per
mission to join a congregation with simple vows, his former
solemn vows are dissolved by the very taking of simple vows
in the congregation, unless the papal indult expressly states
the contrary. (Canon 636.)
TITLE XV.
Departure from Religious Life.
482. The religious who has taken temporary vows may
freely leave religious life when the time of the vows has ex
pired. The superior may also for good reason refuse to let
the religious take again temporary or perpetual vows and
dismiss him, except for reason of illness, unless it can be
proved that he had the malady before entering and inten
tionally deceived the Order or congregation. (Canon 637.)
483. The indult to live outside the cloister, whether
temporary, called the indult of exclaustration, or perpetual,
called secularization, can only be given by the Holy See for
Orders and for congregations of papal law. For diocesan con
gregations the local Ordinary can give this indult. (Canon
638.)
484. A religious who obtained from the Holy See the
DEPARTURE FROM RELIGIOUS LIFE 129
indult of exclaustration is held to the observance of his reli
gious duties, in so far as they can be observed in his condi
tion, but he is not allowed to wear the religious garb. Dur
ing the time of the temporary secularization he has neither
active nor passive vote in the Order but he enjoys the purely
spiritual privileges of his Order, and, as regards his vow of
obedience, he becomes subject to the bishop in place of the
superiors of the Order. (Canon 639.)
485. The religious who obtains an indult of seculariza
tion and leaves the Order:
1. Becomes separated from his Order, and cannot wear
the exterior garb of the Order; in Holy Mass and the Divine
office, and in the reception of, and administration of, the
Sacraments he is equalled to the seculars.
2. He is free from the vows but if he is in sacred orders
he is held to the obligations of clerics in major orders; he is
not held to the recitation of the Divine office by reason of
his profession, nor to the other rules and regulations of reli
gious life.
If the secularized religious is again received into the
Order or congregation, for which an Apostolic indult is re
quired, he must make the novitiate and profession and take
his place in the community from the day of the new profes
sion. (Canon 640.)
486. If a religious in major orders did not lose his dio
cese, as determined by Canon 585, and he returns to the
world, either at the expiration of his temporary vows or by
indult of secularization, he must go to his own diocese and
the Ordinary is bound to receive him. If he has lost his dio
cese, namely by taking perpetual vows, he cannot exercise
his major orders after having left the Order unless he finds
a bishop willing to receive him, or the Holy See has made
other provision.
The bishop may receive the secularized religious either
unconditionally or for a three years' experiment. If received
unconditionally, the religious becomes then and there incor
porated in that diocese; in the other case the bishop can pro
long the time of probation, not, however, for more than
another term of three years. When the second term of three
years has expired the religious becomes ipso facto incorpo-
130 THE NEW CANON LAW
rated, unless he has been dismissed before the end of the
term. (Canon 641.)
487. Every secularized religious who may according to
Canon 641 exercise the sacred ministry is nevertheless for
bidden without a new and special indult of the Holy See :
1. To obtain any benefice in major and minor basilicas
and in the cathedral church.
2. To obtain any professorship or office in the major and
minor seminaries and in colleges in which clerics are edu
cated, as also in any university or institution which by papal
indult confers academic degrees.
3. To obtain any office or position in the Curia of the
bishop, or in religious houses both of men or women, even
when there is question of diocesan congregations.
These rules apply also to those men and women who
have taken temporary vows, or the oath of perseverance, or
certain special promises according to the constitutions of
their organizations, and have been dispensed from them,
after they lived in them for fully six years. (Canon 642.)
488. Religious who leave their Order or congregation
at the expiration of the temporary vows, or by indult of secu
larization, or being dismissed, cannot ask for any compensa
tion for work done for the Order or congregation.
However, if a religious woman had been received with
out a dowry and has no goods of her own, the religious or
ganization is held by charity to give her what is necessary
to reach her home in a safe and respectable manner, and to
provide, according to natural equity, for some time a respec
table living. This arrangement is to be made by common
consent and in case of disagreement the bishop is to decide
what equity demands in the case of a woman who has no
means of her own, until she can get work or position.
(Canon 643.)
489. An apostate is a religious with either simple per
petual or solemn vows who unlawfully leaves the religious
house with intention not to return, or he who had indeed per
mission to go out but fails to return because he wants to
withdraw from the religious obedience.
The evil intention to separate himself from the religious
life is presumed by law if the religious does not return within
DISMISSAL OF RELIGIOUS 131
a month, nor has notified his superior of his intention to re
turn.
A fugitive is a religious who leaves the house without the
permission of the superiors but has the intention to return.
(Canon 644.)
490. The apostate and the fugitive are not released
from the obligation of observing the Rule and vows and have
the duty to return without delay.
The superiors have the duty of searching for them and
to receive them if they return with true repentance. In case
of a sister who has become an apostate or fugitive, the Ordi
nary shall take the necessary steps for her return, and in case
of exempt nuns also the regular superior. (Canon 645.)
TITLE XVI.
Dismissal of Religious.
491. Religious are to be considered dismissed ipso facto
in the following cases :
1. In public apostasy from the Catholic faith.
2. If the religious elopes with a woman, or the religious
sister with a man.
3. Those attempting, or contracting, marriage, or con
cluding a so-called civil marriage bond.
In these cases it suffices that the major superior with his
Chapter or council, as the constitutions may demand, makes
a declaration of the fact. He shall, however, take care that
the proofs of the fact which were collected are preserved in
the archives of the house. (Canon 646.)
CHAPTER I.
Dismissal of Religious with Temporary Vows.
492. The professed religious with temporary vows,
both in Orders and congregations of papal law, can be dis
missed by the supreme head of the organization, or the abbot
of an independent monastery, with the consent of their re
spective council, to be expressed by secret vote. In monas
teries of nuns the Ordinary, or if the house is subject to the
regulars, the regular superior, can dismiss the nun, after the
superioress of the monastery with her council have in writing
attested the reasons for dismissal. In diocesan congrega-
132 THE NEW CANON LAW
tions the bishop in whose diocese the house is situated has
the right to dismiss sisters but he should not make use of that
right without the knowledge nor against the reasonable ob
jection of the superioress.
The aforesaid persons cannot exercise the right of dis
missal unless they conscientiously observe the following
points :
1. The reasons for dismissal must be serious.
2. There may be reasons either on the part of the reli
gious or on the part of the organization. The want of a
religious spirit which is a scandal to others is sufficient rea
son for dismissal, if admonition together with penance did
not have any result. Poor health is no reason, except it is
known with certainty that the malady had before profession
been intentionally concealed.
3. The reason for dismissal must be known with cer
tainty to the superior, but a formal canonical trial is not re
quired. The religious must be told of the reasons why he is
dismissed, and be given a chance to freely answer concern
ing the charges, and his answer must in full be given to the
superior who has the right of dismissal.
4. Against the decree of dismissal the religious has the
right to appeal to the Holy See, and, pending the appeal, the
dismissal has no juridical effect.
5. In reference to a dismissed sister Canon 643, § 2,
is to be observed. (Canon 647.)
493. The religious who has been dismissed according
to the preceding Canon is ipso facto solved from the vows of
religion; the cleric in major orders, however, is subject to
the obligations of those orders and to the other regulations
of Canons 641, § 1, and 649, The cleric in minor orders is
by the very dismissal reduced to the state of the laity.
(Canon 648.)
CHAPTER II.
Dismissal of Religious with Perpetual Vows in Non-exempt
Clerical and in All Laical Organizations.
494. In non-exempt clerical and in all laical Orders or
congregations of men, a religious with perpetual vows can
not be dismissed unless he has previously committed three
DISMISSAL OF RELIGIOUS 133
crimes and been twice admonished without result, according
to the rules of Canons 656-662. (Canon 649.)
495. § 1. When such a threefold crime has been com
mitted, the supreme head of the Order or congregation, to
gether with his council shall, considering all circumstances,
discuss whether there is cause for dismissal.
§ 2. If the majority of the votes is in favor of dismissal :
1. In diocesan congregations the entire matter is to be
referred to the Ordinary of the diocese where the house of
the religious is situated, who may decide as he sees fit, ac
cording to Canon 647.
2. In a clerical congregation of papal law the supreme
head of the congregation itself issues the decree of dismissal,
but in order to have effect it must be confirmed by the Holy
See.
§ 3. The religious has a right to freely defend himself,
and his defense must be faithfully entered in the acts of the
proceeding. (Canon 650.)
496. To dismiss religious women with perpetual vows
either simple or solemn, there are likewise serious external
causes required, together with incorrigibility, and time for
amendment must have been granted so that the superioress
may judge of the hopelessness of further experiment.
The rule of Canon 650, § 3, is to be observed also in the
dismissal of sisters. (Canon 651.)
497. If there is question of diocesan congregations, the
Ordinary of the place where the house of the professed sister
is located, has the right to examine the reasons for dismissal,
and to issue the decree of dismissal.
If there is question of solemn professed sisterhoods, the
local Ordinary shall send all acts and documents to the
Sacred Congregation, together with his opinion on the case,
and that of the regular superior also if the monastery is sub
ject to the regulars.
If there is question of religious congregations of women
under papal law, the Mother-General shall refer the matter
of dismissal to the Sacred Congregation, with all acts and
documents. The Sacred Congregation will then, in this as
in the preceding case, decide whatever seems best to it.
134 THE NEW CANON LAW
Canon 643, § 2, must be observed in case the sister is dis
missed. (Canon 652.))
498. In cases of scandal to the outside world, or of very
great harm to the religious community, a delinquent reli
gious can be dismissed at once by the major superior with
his council, or in case there is danger in the delay and the
major superior cannot be reached in time, the local superior
with the consent of his council and of the bishop of the dio
cese, can dismiss the religious. The matter must, however,
be submitted without delay to the Holy See, either by the
bishop or by the major superior, if he is present. (Canon
653.)
CHAPTER III.
The Canonical Trial in the Dismissal of Religious with Per
petual or Solemn Vows in a Clerical Exempt
Religious Organization.
499. A religious man who has taken perpetual or solemn
vows in a clerical exempt Order or congregation shall not be dis
missed except by the process of a canonical trial. The exceptions
of immediate dismissal mentioned in Canons 646, 668 hold good
also in this case. Otherwise all contrary privileges are revoked.
(Canon 654.)
500. The supreme head of the Order, or the Abbot Gen
eral of a monastic congregation, with their council or Chapter
of at least four religious, is competent to issue the decree of dis
missal. If there are not at hand four consultors, the superior
with the consent of the other consultors shall chose the required
number of men who will act as judges with the superior.
The superior shall nominate the promoter of justice with
the consent of his council according to Canon 1589, § 2, which
prescribes that the promotor must be a priest of the same Order.
(Canon 655.)
501. A canonical trial cannot be instituted unless there
have preceded :
1. Grave external crimes, either against the common law
or the law for the religious.
2. The admonitions.
3. Failure to amend. (Canon 656.)
502. The crimes must be at least three in number and of
DISMISSAL OF RELIGIOUS 135
the same species, or, if of a different species, such that, taken to
gether, manifest the perverse will and obstinacy in sin. It may
also be one continued crime which virtually becomes threefold
by the admonitions. (Canon 657.)
503. In order to issue the admonitions it is required that
the crime is either notorious, or that it is known by extra judicial
confession, or by sufficient proof furnished by previous investi
gation.
If the crime is neither notorious nor altogether certain, but
only a rumor and public talk, or it has become known by denun
ciation, or by complaint for damages, or by the general investi
gation made by the superior, or any other way, there must be
first a special investigation instituted in order that it may become
certain whether the individual has committed the crime, and what
proof there is for it. (Canon 658.) (Cf. Canon 1939.)
504. The admonition must be made by the major superior,
either in person or through another by his command. The com
mand to issue the admonition should not be given until after due
investigation by the major superior, according to Canon 658, § 1 ;
but the delegation once given for the first admonition holds good
also for the second. (Canon 659.)
505. There must be at least two admonitions, one for each
of the first two crimes. In crimes which are continued or per
manent it is required that there is an interval of at least three
days between the first and second admonition. (Canon 660.)
506. To the admonitions the superior must add exhorta
tion and penances and other penal remedies which are judged
appropriate for amendment and reparation of scandal.
The superior is, moreover, held to take the guilty religious
out of the occasions of sin, even by transferring him, if neces
sary, to another house where he can be better watched and where
the occasion of relapse is more remote.
To each of the admonitions must be added the threat of ex
pulsion. (Canon 661.)
507. The religious is judged to have failed to amend, when
after the second admonition he commits a new crime or con
tinues in the same crime. After the second admonition six days
at least must elapse before further proceedings can be instituted.
(Canon 662.)
508. The immediate major superior, after the admonitions
136 THE NEW CANON LAW,
and corrections have proved a failure, shall carefully collect the
acts and documents and send them to the supreme head of the
Order or congregation. The General shall give the documents
to the promoter of justice who must examine them and draw his
conclusion. (Canon 663.)
509. The promoter of justice has the right to institute
further investigations if he thinks it proper. If he concludes
that accusation should be made against the religious, the canoni
cal process must be instituted according to the rules of the
Canons in the First Part of the Fourth Book.
In the process must be proved the commission of the crime,
the issuing of the admonitions, and the failure of amendment.
(Canon 664.)
510. The tribunal, after due consideration of the charges
of the promoter of justice and the defense of the accused, and of
the points mentioned in the preceding Canon, § 2, shall pro
nounce the sentence of dismissal. (Canon 665.)
511. The sentence cannot be executed unless it is con
firmed by the Sacred Congregation, to which the superior Gen
eral shall as soon as possible send the sentence and all acts of the
process. (Canon 666.)
512. For distant countries the General can, with the con
sent of his council, also for ordinary cases delegate the power of
dismissal to trustworthy religious who must be at least three in
number and who must observe the rules of Canons 663-666.
(Canon 667.)
513. In the case mentioned in Canon 653, the religious can
be dismissed immediately by the major superior, or, if there is
danger in the delay and the major superior cannot be reached in
time, by the local superior with his council. The religious must
not wear the habit after being dismissed. The canonical trial,
if not yet instituted, must be commenced at once, according to
the preceding Canons. (Canon 668.)
CHAPTER IV.
Dismissed Religious Who Had Taken Perpetual Vows.
514. The professed religious of perpetual vows remains
bound to his vows after the dismissal, unless the constitutions of
DISMISSAL OF RELIGIOUS 137
the Order or congregation, or an indult of the Holy See, declare
the vows dissolved.
If the dismissed religious is a cleric in minor orders, he is
by the very dismissal reduced to the state of the laity. (Canon
669.)
515. The cleric in major orders who committed one of the
crimes enumerated in Canon 646, or who was dismissed on ac
count of a crime to which the law attaches loss of good reputa
tion or degradation, is forbidden forever to wear the clerical
garb. (Canon 670.)
516. If he was dismissed for any other crime than those
referred to in the preceding Canon :
1. He remains ipso facto suspended until he obtains abso
lution from the Holy See.
2. The Sacred Congregation may, if it see fit, command
the dismissed religious to wear the garb of the secular clergy and
stay in a specified diocese, informing the Ordinary of that dio
cese of the reasons for which the religious was dismissed.
3. If the religious does not obey the command spoken of in
the preceding paragraph, the Order is not responsible for him,
and he is thereby deprived of the right to wear the clerical garb.
4. The Ordinary of the diocese assigned for the dismissed
religious shall send him to a house of penance or commit him to
the care and vigilance of a pious and prudent priest. If the reli
gious does not obey, the bishop is not responsible for him and
the ex-religious forfeits the right to wear the clerical garb.
5. If the ex-religious obeys the orders of the Sacred Con
gregation and of the bishop, the Order or congregation to which
he belonged should through the bishop furnish him with the
necessary maintenance, unless he has an income from other
sources to defray his maintenance.
6. If the dismissed religious does not lead a life worthy of
a cleric, the Ordinary may after one year of trial, or also sooner,
deprive him of the maintenance, order him out of the house
where he was to stay for trial, and deprive him of the right to
wear the clerical garb. The bishop shall at once send notice of
this action both to the Sacred Congregation and to the Order or
congregation from which the cleric was dismissed.
7. If, however, the dismissed religious behaved so well
that he can justly be considered amended, the Ordinary should
THE NEW CANQX LAW
endorse Ins petition to the Holy See for ahsohition from the
uensnre of .sasjicminp, aod when he lag obtained the absofetrai
aBow him in IBS diocese, with doe precautions and limitations,
Ac cddbretion of Half Mass, and afeo^ if he sees fit other func-
fioos of the sacred ministry hy which he may properly support
himself. After this the Order may dtsrontinne the charitable
assistance. If he is a deacon or sob-deacon, the matter should
be referred to the Holy See. (Canon 671.)
517* Toe dismissed rehgions whose vows, were not dis
solved oust return to his Older or congregation. If he has for
thru, years given signs of true T*|ff "^Jiffr^ the Order or congre
gation is bound to receive him. If there are serious reasons,
either on the part of die dismissed or on the part of the religious
otganiiation, why his reception is not desirable, die matter shall
be subjected to Ac judgment of the Holy See.
If Ac TOWS were dissolved by the dismissal and the dis
missed has found a ht&hop witting to receive him* he remains on*
dcr the jurisdiction and special vigilance of the bishop; otherwise
die matter shall be referred to die Holy See, The bishop who
received die dismissed religious "'msfl observe Canon 642 in
reference to the position he gives die dkmfoqffj r»4ig*rff^
(Canon 67Z)
TITLE XVIL
Societies of If en or Women Leading a Community Life
Without Vows.
518. A society of men or women who lead a community
fife after die manner of the religious under proper superiors, but
without die three usual vows of religions life, is not a religions
rani ty properly so called, nor are its members religious in
die strict sense of die term.
Such a society is other clerical or laical, of papal law or
dJoffsin, according to Canon 489, VOL 3, 4. (Canon 673.)
519. The erection and suppression of such a society and of
its provinces and houses follows the rules laid down for die
rc-.c:. .if :;r..rre-c.i:::r.5 C,-.r.;r. v~~
520. The government of each society is regulated by the
individual constitutions. In all of them, however, Canons 499-
530 most be observed (Canon 675.)
521. The society and its provinces, as weQ as the indm-
SOCIETIES WITHOUT VOWS 139
dual houses, are capable of acquiring and possessing temporal
goods.
The administration of the goods is regulated by the rules of
Canons 532-537.
Whatever the members of the society acquire in considera
tion of the society, belongs to the society; the other goods they
retain, acquire and administrate according to their constitutions.
(Canon 676.)
522. In the admission of candidates the constitutions of
the society shall be observed in so far as they are not contrary to
Canon 542. (Canon 677.)
523. In the arrangement of studies and the reception of
orders the members of the society are held to the same laws as
the secular clergy, saving special regulations which the Holy See
may have given to some society. (Canon 678.)
524. The members of a society are held to the common
obligations of clerics, besides their special regulations contained
in the constitutions, unless the nature of the law, or the context,
shows that the law is not intended for members of a society.
They are also held to the obligations of the religious as outlined
in Canons 595-612, unless their constitutions rule otherwise.
They shall observe the enclosure according to their constitu
tions, under the supervision of the local Ordinary. (Canon 679.)
525. The members of the society, both clerics and lay
brothers, enjoy the privileges of clerics as contained in Canons
119-123, and other concessions given directly to the society.
They do not have the privileges of religious unless granted them
by special indult of the Holy See. (Canon 680.)
526. Besides the proper constitutions of individual societies
regarding the transition to another society or another religious
body, and the departure of members of societies either diocesan
or of papal law, these matters shall with due distinction be regu
lated by Canons 632-635, 645; in reference to the dismissal of
members Canons 646-672 are to be observed, (Canon 681,)
PART III.
THE LAITY.
527. The laity has the right to receive from the clergy the
spiritual benefits and specially the necessary means of salvation,
according to the rules of ecclesiastical discipline. (Canon 682.)
140 THE NEW CANON LAW
528. Laymen are not allowed to wear the clerical garb,
with the exception of seminarians and other candidates of orders
to whom Canon 972, § 2, refers, and laymen legitimately ap
pointed to the service of the church while they are, either within
the church building or outside, engaged in the ministry of the
church. (Canon 683.)
TITLE XVIII.
General Regulations for Associations of the Faithful.
529. The faithful deserve praise for joining associations
erected, or at least recommended, by the Church. They should
beware of associations that are secret, condemned, seditious, sus
pected, or those which strive to withdraw from the legitimate
supervision of the Church. (Canon 684.)
530. Associations distinct from the religious organizations
and societies spoken of in Canons 487-681, can be erected by the
Church either to promote a more perfect Christian life among
its members, or for the undertaking of works of piety and charity,
or, finally, for the advancement of the public cult. (Canon 685.)
531. No society is recognized in the Church unless it has
been either erected by the competent ecclesiastical authority, or
at least approved by it.
To erect and approve societies is the privilege of the Roman
Pontiff and of the bishop. Some are by papal indult reserved to
others.
Though it can be proved that a papal privilege was granted
to some one to erect a certain society, the consent of the bishop,
given in writing, is nevertheless required for the validity of the
erection of a society. The consent of the bishop given for the
erection of a religious house is valid also for the erection, in that
house or church, of a society annexed to that Order or congrega
tion, if it is not of the nature of an organic body and is proper
to the religious community.
A Vicar General by merely general commission, and a
Vicar Capitular, cannot erect societies, nor give consent for their
erection or for aggregation.
The letters of erection given by persons who in virtue of an
apostolic indult have the right to erect certain societies must be
given gratis, excepting only a tax for the necessary expenses.
(Canon 686.)
ASSOCIATIONS OF THE FAITHFUL 141
532. The societies do only then acquire the right of a legal
person in the Church when they have obtained from the compe
tent ecclesiastical superior the decree of erection. (Canon 687.)
533. An association should not assume a name or title
which savors of levity or unbecoming novelty, or gives expres
sion to a form of devotion not approved of by the Holy See.
(Canon 688.)
534. Every society shall have its statutes approved, either
by the Holy See or by the bishop of the diocese.
Statutes that have not been confirmed by the Holy See re
main always subject to modification and correction by the bishop.
(Canon 689.)
535. All societies, even those erected by the Holy See, are
under the jurisdiction and vigilance of the bishop of the diocese,
unless there is a special privilege of exemption, and the bishop
has the right and the duty to inspect them.
Societies, however, that have been erected by the religious in
their own churches in virtue of an apostolic indult, the bishop has
no right to visit in regard to internal discipline or spiritual direc
tion of these societies. (Canon 690.)
536. A society legitimately erected, may, unless the con
trary has been expressly ordered, possess and administrate tem
poral goods under the authority of the bishop of the diocese, to
whom it should render a financial statement at least once a year.
This is to be done by the society itself and not by the pastor in
whose parish the society is erected, unless the bishop has ordered
the pastor to make such report.
The society may, according to its statutes, receive alms and
spend them for the pious purposes of the society and in accord
ance with the intention of the people who make the offerings.
No society may collect alms unless either the statutes permit
it, or necessity require it, and it has the permission of the Ordi
nary of the diocese whose regulations in this matter must be ob
served.
If the society wishes to collect alms outside the diocese, the
permission in writing of the bishop in whose diocese it wishes
to collect must be obtained.
The society must give to the bishop in whose diocese it is es
tablished an exact account of the alms collected, and how they
were spent. ( Canon 691 .)
142 THE NEW CANON LAW
537. In order to participate in the rights, privileges, indul
gences and other spiritual favors of a society, it is required that a
person be validly received into the society according to the sta
tutes proper to the society, and that one has not legally been de
prived of membership. (Canon 692.)
538. Non-Catholics, members of a condemned society, per
sons publicly known to be under ecclesiastical censure, and in
general any public sinners cannot be validly received into a so
ciety.
The same person may be ascribed to several societies, except
several Third Orders (cf. Canon 705).
Absent persons cannot be enrolled in a society which is con
stituted in the form of an organic body, and those present cannot
be received except with their knowledge and consent.
Religious may be received into societies, except Third Or
ders, unless the laws of the society are according to the judgment
of the superiors incompatible with the observance of the Rule
and constitutions of the Order or congregation. (Canon 693.)
539. The reception should be performed according to the
rules of the common law and the particular statutes of the indi
vidual societies.
In order that there may be a record of the reception the
names should by all means be entered in the roll-book of the so
ciety and this inscription is required for validity of membership
if the society is erected as a legal person. (Canon 694.)
540. On occasion of the reception into a society no pay
ment should be demanded, either directly or indirectly, except the
fees which the lawfully approved statutes prescribe, or which the
Ordinary of the diocese has sanctioned for reason of special cir
cumstances. (Canon 695.)
541. No member of a society shall be dismissed from the
same except for a good reason, and in accordance with the sta
tutes.
Members who fall into a case mentioned in Canon 693, § 1,
shall after previous admonition be deprived of membership in the
manner provided in the statutes of the respective society. Re
course to the bishop is open to a member who thinks himself un
justly expelled.
The bishop shall always have the right to dismiss members
of any society, even though there is no such provision in the sta-
ASSOCIATIONS OF THE FAITHFUL 143
tutes, and the religious superior may dismiss members of societies
that are by virtue of Apostolic indult erected by religious.
(Canon 696.)
542. Lawfully erected societies have the right to hold
meetings, publish regulations for the society itself, elect adminis
trators of the goods of the society, officers and assistants, in ac
cordance with the rules of law and their proper statutes. Canon
715 rules that the bishop's right of jurisdiction over the societies
and all their proceedings must be respected. (Canon 697.)
543. Unless an Apostolic indult states the contrary, the
nomination of the moderator and the chaplain of societies which
are either erected or approved by the Holy See, and of societies
erected by religious in virtue of Apostolic indult outside their own
churches, belongs to the bishop of the diocese. For societies
erected by religious in their own churches the moderator and
chaplain are appointed by the religious; if, however, the superior
should appoint a secular priest for these offices the consent of the
bishop of the diocese is required.
The moderator and chaplain have for the time of their office
the faculty to bless the habit of the society, its insignia, scapu
lars, etc., and to invest the new members with them.
The moderator and chaplain can be removed from office for
good reasons by those who appointed them, or by their superiors
or their successors in office.
The same priest can be both moderator and chaplain.
(Canon 698.)
544. For serious reason the bishop of the diocese can sup
press societies which were erected either by himself or by his
predecessor, and also societies erected by religious in virtue of
apostolic indult with consent of the Ordinary. Recourse to the
Holy See is permitted to those concerned.
Societies erected by the Holy See itself can be suppressed
only by the Holy See, "(Canon 699.)
TITLE XIX.
Particular Regulations for Associations of the Faithful.
545. There are three kinds of Associations or Societies of
the faithful, namely Third Orders Secular, Confraternities,
Pious Unions. (Canon 700.)
144 THE NEW CANON LAW
546. The order of precedence between the various lay so
cieties is as follows: (1) Third Orders, (2) Archconfraternities,
(3) Confraternities, (4) Primary Pious Unions, (5) Pious
Unions.
The Confraternity of the Blessed Sacrament precedes the
Archconfraternities in processions of the Blessed Sacrament.
A society has only then the right of precedence when it
takes part in ecclesiastical functions in a body, under cross or
banner of their own, and vested with the insignia or the habit of
the society. ( Canon 70 1 . )
CHAPTER I.
Third Orders Secular.
547. Secular Tertiaries are those persons who in the world
strive after Christian perfection, under the guidance of, and in
harmony with, the spirit of some Order, in a manner compatible
with the life in the world and according to rules approved by the
Holy See.
If the Third Order Secular is divided into several societies
each legitimately established branch is called a Sodality of Ter
tiaries. (Canon 702.)
548. No Order or congregation can call into life a Third
Order. The privileges granted to some Orders to have a Third
Order are to continue.
Though an Order has the Apostolic indult to erect the Third
Order, they cannot validly establish a Sodality of Tertiaries in
any church without the consent of the bishop of the diocese,
though they may receive into the Third Order individual per
sons, according to the law of Canon 686, § 3.
The religious cannot allow the Sodalities of Tertiaries to
wear the particular garb of that Third Order in public sacred
functions without a special permission of the bishop. (Canon
703.)
549. Persons who have taken vows, either perpetual or
temporary, in some religious organization, cannot at the same
time belong to any Third Order, though they had been received
into the Third Order before they embraced religious life.
When such person's vows cease or are dissolved, the former
membership revives. (Canon 704.)
CONFRATERNITIES AND PIOUS UNIONS 145
550. No Sodality of Tertiaries can without an Apostolic in-
dult receive Tertiaries of another Third Order, if they intend to
remain in the former Third Order. Individual Tertiaries may go
over from one Third Order to another and also from one sodality
to another of the same Third Order. (Canon 705.)
551. The Tertiaries may, but are not obliged to, take part
in a body in public processions, funerals and other ecclesiastical
functions. If, however, they are present, they must march under
their own cross, wearing the insignia of their Order. (Canon
706.)
CHAPTER II.
Confraternities and Pious Unions.
552. Associations of the faithful erected for the exercise
of some work of piety or charity come under the name of Pious
Unions ; if these associations are established after the manner of
an organic body they are called in law Sodalitia.
Sodalitia which have, morever, for their purpose the fur
therance of Divine worship are called Confraternities. (Canon
707.)
553. Confraternities can be erected only by a formal decree
of erection. For the erection of Pious Unions the approval of
the Ordinary is sufficient, which entitles them to gain spiritual
favors, especially indulgences. (Canon 708.)
554. The members of a confraternity cannot take part in a
body in sacred functions unless they wear the insignia or the
habit of the confraternity.
Women can be enrolled in confraternities for the purpose
only of gaining the indulgences and spiritual favors of the con
fraternity. (Canon 709.)
555. The titles of Confraternities and Pious Unions are
to be taken from the attributes of God, the mysteries of the
Christian religion, the feasts of our Lord, the Blessed Virgin, the
Saints, or the work itself of the society. (Canon 710.)
556. There should not be several confraternities of the
same name and institution in the same town, unless the law or
special regulations allow an exception. In large cities it is left
to the judgment of the bishop what distance is considered suffi
cient for the establishment of confraternities of the same kind in
various churches.
146 THE NEW CANON LAW
The Holy See desires that the bishops establish in every
parish the confraternities of the Blessed Sacrament and of Chris
tian Doctrine, which, when legally erected by the Ordinary, ipso
facto obtain affiliation with the archcon fraternities erected at
Rome by the Cardinal Vicar. (Canon 711.)
557. Confraternities and Pious Unions should be erected
only in churches, public and semi-public oratories.
They should not be established in the cathedral and in colle
giate churches without the consent of the Chapter.
In churches and oratories of religious women the bishop can
allow only the erection of societies of women, or of Pious Unions,
who only meet for the recitation of certain prayers and have
merely communication of spiritual favors with some confrater
nity. (Canon 712.)
558. The religious can give to the Confraternities and
Pious Unions erected by them those indulgences which the Holy
See has declared communicable, and they should at the time of
the erection of the confraternity be made known to all members.
They cannot allow the confraternity to wear in public sacred
functions the habit or other insignia without special permission
of the bishop. (Canon 713.)
559. The confraternities shall not change, nor abandon, the
habit or insignia proper to the confraternity without permission
of the bishop. (Canon 714.)
560. The bishop has the right to preside at the meetings of
confraternities, even in the churches and oratories of regulars,
and though he has no vote in the election of the officers he has
the right either in person or through a delegate to watch over the
election, confirm or reject the officers elected, and unless the sta
tutes are approved by the Holy See he can correct and change
them.
If the confraternities wish to hold extraordinary meetings
they shall advise the Ordinary or his delegate in due time, other
wise the bishop has the right to stop the meeting and cancel their
proceedings. (Canon 715.)
561. The Confraternities and Pious Unions which have
been erected in churches of their own, have the right, with due
observance of the law, to have non-parochial functions indepen
dently of the pastor, provided they do not injure the parochial
ministry in the parish church. The bishop has the right to decide
ARCHCONFRATERNITIES AND PRIMARY UNIONS 147
whether or not the functions of the confraternity unduly inter
fere with the services in the parish church. (Canon 716.)
562. The goods and belongings of a Confraternity or
Pious Union established in a parish church or any other not be
longing to the confraternity itself, must be kept separate from
the accounts of the parish. (Canon 717.)
CHAPTER III.
Archconfraternities and Primary Unions.
563. Societies which possess the right to affiliate to them
selves other associations of the same kind, are called Archconfra
ternities, or Primary Unions, Congregations, Societies. (Canon
720.)
564. No association can without Apostolic indult affiliate
other societies.
Archconfraternities and Primary Unions can affiliate only
such Confraternities and Pious Unions which have the same title
and the same purpose, unless the papal indult grants greater
powers. (Canon 721.)
565. By the affiliation are communicated all indulgences,
privileges and other communicable spiritual favors which have
been granted to the affiliating body directly and by name, or shall
in future be granted in that manner by the Holy See, unless a re
striction is made in the papal indult.
The affiliating body does not acquire any right over the
other confraternity by the act of affiliation. (Canon 722.)
566. For the validity of the affiliation 'the following is re
quired :
1. the association must have been already canonically
erected and not been affiliated before to any other Archconfra-
ternity or Primary Union ;
2. the affiliation must be done with the written consent of
the bishop of the diocese together with his testimonial letters;
3. the indulgences, privileges and other spiritual favors
which are communicated by the affiliation must be enumerated
in an elenchus which is to be inspected by the bishop of the dio
cese where the archcon fraternity resides and be given to the
affiliated society;
148 THE NEW CANON LAW
4. the affiliation is to be given in the prescribed formula
and for all times ;
5. the letters of affiliation must be issued absolutely gratis
without any retribution even in the form of alms, except the
necessary expenses. (Canon 723.)
567. The Archconfraternity or Primary Union cannot be
transferred from its residence to another place except by the
Holy See. (Canon 724.)
568. The title of Archsodality or Archconfraternity or
Primary Union cannot be given, even as an honorary title, to
any society by another than the Holy See. (Canon 725.)
THE THIRD BOOK
Sacred Things
569. The things spoken of in this book are so many means
for obtaining the purpose of the Church; some of these are
spiritual, others are temporal, others mixed. (Canon 726.)
570. The intentional will to buy, or sell, for a temporal
price things intrinsically spiritual, e. g., the Sacraments, eccles
iastical jurisdiction, consecration, indulgences, etc., or a temporal
object annexed to the spiritual in such a way that the temporal
object cannot exist without the spiritual, e. g., an ecclesias
tical benefice, or when the spiritual good is the object even
though only partially of the contract, e. g. the consecration in
the sale of a consecrated chalice, is Simony forbidden by the
Divine law.
Again, to give temporal objects annexed to the spiritual
for other temporal objects annexed to the spiritual, or spiritual
objects for spiritual, or temporal for temporal, in cases where
the Church forbids this for the sake of reverence toward spir
itual objects, constitutes Simony by ecclesiastical law. (Canon
727.)
571. When there is question of simony, the buying and
selling, exchange, etc., is to be taken in a wide sense for any
agreement, even though it did not take effect, and even though
the agreement was merely tacit, namely, such in which the
simoniacal intention was not expressly manifested, but can be
understood from the circumstances. (Canon 728.)
572. While the penalties of law remain, the simoniacal
contract is null and void if simony is committed concerning bene
fices, offices, dignities, the subsequent conferment is likewise void,
even though the simony was committed by a third person and
without one's knowledge, provided it was not done fraudulently
to injure the one who was to get the office or done against his
protest.
Wherefore, (1) before any sentence of the judge the valu
ables given and accepted simoniacally must be returned, if such
restitution is possible and can be done without irreverence to the
149
150 THE NEW CANON LAW
spiritual, and the benefice, office or dignity must be vacated; (2)
the one who through simony obtained the benefice or office does
not become the owner of the income of that office; if he re
ceived it in good faith it is left to the prudent judgment of the
ecclesiastical judge, or the Ordinary, to condone the income thus
received, either in whole or in part. (Canon 729.)
573. There is no simony when the temporal object is not
given for the spiritual, but rather on occasion of it, by a just
title acknowledged by law or legal custom. The same holds good
when the temporal object is given for another temporal object
which has something spiritual annexed to it, as for instance, the
consecrated chalice, provided the price is not raised on account
of the blessing or consecration, (Canon 730.)
PART I.
THE SACRAMENTS.
574. As all the Sacraments instituted by our Lord are the
principal means of sanctifkation and salvation, they should be
administered and received with great care and reverence.
It is forbidden to minister the Sacraments of the Church
to heretics and schismatics, even though they are in good faith
and ask for them, unless they have first renounced their errors
and been reconciled to the Church. (Canon 731.)
575. The Sacraments of Baptism, Confirmation and Or
ders which imprint a character cannot be received a second time.
If, however, there is prudent doubt whether they have been
received, or whether they were validly received, they may be
conditionally repeated. (Canon 732.)
576. In the administration and reception of the Sacra
ments the liturgical rites and ceremonies prescribed in the ap
proved ritualistic books of the Church must be accurately ob
served.
Each one shall follow his own Rite, saving the exceptions
of Canons 851, § 2, and 866. (Canon 733.)
577. The holy oils required in the administration of sev
eral of the Sacraments, must have been blessed by the bishop
on the preceding Holy Thursday, nor are the old ones to be
used except in case of necessity. When the holy oils are about
to give out, other olive oil that has not been blessed may be
BAPTISM 151
added, even repeatedly, but always in smaller quantity than the
holy oils. (Canon 734.)
578. The pastor must obtain the holy oils from his bishop
and keep them in the church in a safe and becoming place under
lock and key. He shall not keep them in his house except where
necessity or other good reason approved by the Ordinary justify
him to do so. (Canon 735.)
579. In the administration of the Sacraments the minis
ter shall not exact or ask for any remuneration, for any reason
or occasion, directly or indirectly, except the offerings spoken
of in Canon 1507, § 1. (Canon 736.)
TITLE I.
Baptism.
580. Baptism, which is the door and foundation for all
other Sacraments, and which, either actually received or at least
desired, is necessary for salvation to all, is given validly only
by ablution with truly natural water and pronouncing the pre
scribed form of words.
Baptism administered with the observance of all the rites
and ceremonies prescribed in the liturgical books, is called
solemn, otherwise not solemn, or private. (Canon 737.)
CHAPTER I.
The Minister of Baptism.
581. The ordinary minister of solemn Baptism is the
priest. Its ministration, however, is reserved to the pastor or
to another priest acting with the permission of the pastor or of
the local Ordinary, which permission is lawfully presumed in a
case of necessity.
Even a pcregrinus, i. e. a person who is at the time outside
the parish where he resides, should go to his own proper pas
tor to be baptized solemnly, if this can be easily done and with
out delay; otherwise any pastor may in his territory solemnly
baptize the peregrini. (Canon 738.)
582. In the territory of another pastor no pastor is al
lowed to baptize solemnly, not even one of his own parishioners,
without due permission. (Canon 739.)
152 THE NEW CANON LAW
583. Where parishes or quasi-parishes are not yet estab
lished, the diocesan statutes and accepted customs should be
consulted in order to know what priest, besides the Ordinary,
has the right to baptize, either in the entire territory or in some
particular district. (Canon 740.)
584. The deacon is the extraordinary minister of solemn
Baptism. He cannot, however, use his power without the per
mission of either the bishop or the pastor, which may be granted
for a just cause and may lawfully be presumed when necessity
urges. (Canon 741.)
585. Private Baptism may be given by any one who uses
the proper matter and form and has the right intention. As far
as possible two witnesses, or at least one, should be present at
such a private Baptism, by whom the conferring of Baptism
may be proved, (cf. Canon 759.)
If a priest is present he should be preferred to a deacon, a
deacon to a subdeacon, a cleric to a lay person, a man to a
woman, unless decency demand that the woman be preferred,
or in case the woman knows better the form and manner of
Baptism.
The father and mother are not allowed to baptize their own
child except in danger of death if there is no one else at hand
who can baptize. (Canon 742.)
586. The pastor should take care that the faithful, espe
cially midwives, doctors and surgeons, learn how to baptize
properly in case of necessity. (Canon 743.)
587. The Baptism of adults, where it can be conveniently
done, should be referred to the bishop, in order that he himself
or his delegate may baptize more solemnly. (Canon 744.)
CHAPTER II.
The Subject of Baptism.
588. A subject capable to receive Baptism is omnis et solus
homo viator, i. e. a human being born into this life, who has not
yet been baptized.
When there is question of Baptism, the term parvulus, or
infans, means, according to Canon 88, § 3, one who has not yet
the use of discretion, and held equal to them are those insane
from infancy, no matter of what age they may be, Adults are
THE SUBJECT OF BAPTISM 153
called those who have the use of reason, and it is sufficient for
admitting these latter to Baptism that they of their own free
will ask for it. (Canon 745.)
589. An infant shall not be baptized while still enclosed
in the mother's womb, as long as there is probable hope that it
can be baptized when born.
If the infant puts forth the head, it may be baptized on the
head, if there is immediate danger of death, and Baptism shall
not then be given again conditionally if the child lives.
If the infant puts forth any other limb, it may be baptized
on that limb conditionally, if there is imminent danger to life,
but if the infant is born alive it must be baptized again condi
tionally.
If the mother dies in pregnancy, and the fetus, when ex
tracted by those whose duty it is to do this, shows sure signs
of life, it shall be baptized absolutely; conditionally, if life is
doubtful.
If the fetus was baptized in the mother's womb, the child
shall, when born, be baptized again conditionally. (Canon 746.)
590. Care should be taken that every fetus born pre
maturely, no matter at what stage of pregnancy, be baptized
absolutely, if life is certain, but conditionally if life is doubtful.
(Canon 747.)
591. Monstrous and unusual forms of fetus should always
be baptized, at least conditionally; when in doubt whether the
fetus is one being or several, one should be baptized absolutely,
the others conditionally. (Canon 748.)
592. Infants that have been abandoned and found shall
be conditionally baptized, if after careful investigation there is
no certainty about their Baptism. (Canon 749.)
593. An infant of infidel parents can lawfully be baptized
even though the parents object, in case the danger of death is
such that it may be prudently judged the child will not live until
he comes to the use of reason.
Outside danger of death the infant may be licitly baptized,
provided there is guarantee for the Catholic bringing up of the
child, (1) if the parents or guardians, or at least one of them,
consent, (2) if there are no parents, i. e. father or mother, nor
grandfather or grandmother, nor guardians, or if they have lost
the right to the child, or cannot in any way exercise that right.
(Canon 750.)
154 THE NEW CANON LAW
594. Regarding the child of two Protestants or schis
matics, or two fallen-away Catholics, the rules of the above
Canon shall generally be followed. (Canon 751.)
595. An adult should not be baptized except with his own
knowledge and will, and after due instruction. He is, moreover,
to be admonished to repent of his sins.
In danger of death, if he cannot be thoroughly instructed
in the principal mysteries of faith, it is sufficient for the con
ferring of Baptism that he show in some way his assent to these
points of faith, and earnestly promises that he will keep the
Commandments of the Christian religion.
If he cannot even ask for Baptism, but has either before,
or in his present condition manifested in some probable manner
an intention of receiving Baptism, he may be baptized condi
tionally. If afterwards he gets well, and there remains doubt
as to the validity of the Baptism, he may be baptized again con
ditionally. (Canon 752.)
596. Both, the priest as well as the adult to be baptized,
if he is in good health, are advised to remain fasting.
Unless there are grave and urgent obstacles, the baptized
adult should immediately after Baptism assist at Holy Mass and
receive Holy Communion. (Canon 753.)
597. Insane and delirious persons should not be baptized
unless they have been such from birth, or became such before
they had obtained the use of reason, in which case they should
be baptized like infants.
If they have lucid intervals, they may in those moments be
baptized if they desire it.
They may also be baptized in imminent danger of death, if
before becoming insane they have shown a desire for Baptism.
Those suffering from lethargy or delirium should be bap
tized only while conscious and desirous of Baptism; if the dan
ger of death is imminent, the rule of the foregoing paragraph
of this Canon is to be followed, (Canon 754.)
CHAPTER III.
The Rites and Ceremonies of Baptism.
598. Baptism should be given solemnly, except in the cases
spoken of in Canon 759. The local Ordinary can for a grave
RITES AND CEREMONIES OF BAPTISM 155
and reasonable cause allow the ceremonies for the Baptism of
infants to be used for the Baptism of adults. (Canon 755.)
599. The child must be baptized according to the Rite of
the parents. If one of them belongs to the Latin Rite, the other
to an Oriental, the child shall be baptized in the Rite of the fa
ther, unless other rules have been made by special law. If only
one of the parents is a Catholic, the child shall be baptized in
the Rite of the Catholic party. (Canon 756.)
600. In solemn Baptism water blessed for that purpose
shall be used. If the water in the baptismal font be so dimin
ished that it does not suffice, other common water may be added
in smaller quantity, and this may be repeated. If the blessed
water has become putrid, or has escaped from the font, or is
wanting for any other reason, the pastor should have the font
well cleaned, then put in fresh water and bless it as prescribed
in the ritual. (Canon 757.)
601. Though Baptism may be conferred validly in any
of the three ways : infusion, immersion, aspersion, the first or
second, or both mixed, whichever is more in use, should be re
tained, according to the approved rituals of the various dioceses.
(Canon 758.)
602. In danger of death private Baptism may be given.
If it is administered by one who is neither a priest nor a deacon,
only that should be done which is necessary for the validity of
the Baptism. If a priest or a deacon baptizes, and there is time,
he should perform the ceremonies that follow Baptism.
Outside the case of danger of death, the Ordinary cannot
allow private Baptism, except in cases of adult converts from
heresy who are baptized conditionally.
The ceremonies of Baptism, which for any reason had been
omitted in the conferring of Baptism, should as soon as possible
be supplied, except in the case mentioned in the preceding para
graph. (Canon 759.)
603. If Baptism is given again conditionally, the ceremo
nies should be supplied if they were omitted in the first Baptism,
saving the exception of the foregoing Canon. If the ceremonies
were observed in the first Baptism, one is at liberty to go through
them again or not. (Canon 760.)
604. The pastor shall take care that the one baptized re
ceives a Christian name; if they do not succeed in this they should
156 THE NEW CANON LAW
add to the name given by the parents the name of some saint,
and enter both names in the baptismal record. (Canon 761.)
CHAPTER IV.
Sponsors.
605. According to a most ancient custom, no one is bap
tized solemnly unless he has, whenever possible, a sponsor. Even
in private Baptism a sponsor should be had, if it is easily pos
sible; if there was no sponsor in the private Baptism, there
should be one in the supplying of the ceremonies, but in that
case he does not contract any spiritual relationship. (Canon
762.)
606. When Baptism is repeated conditionally, the same
sponsor should, if possible, act who was present at the first Bap
tism; outside this case, there is no need of a sponsor in condi
tional Baptism.
In the repetition of Baptism under condition, neither the
sponsor of the first, nor the one at the second Baptism contract
spiritual relationship, unless the same sponsor was present at
both Baptisms. (Canon 763.)
607. There should be but one sponsor, who may be either
of the same sex with the one to be baptized, or of the different
sex ; but two sponsors, at most, namely, one man and one woman,
are allowed. (Canon 764.)
608. In order that one may validly act as sponsor, he
must:
1. be baptized, of the age of discretion, and have the in
tention to undertake that office;
2. he must not belong to an heretical or schismatical sect,
not be excommunicated by a condemnatory or declaratory sen
tence, nor suffer from infamy of law, nor be excluded from
legal actions, nor be a deposed or degraded cleric ;
3. he must not be the father or mother of, or married to,
the one to be baptized;
4. he must be designated either by the one to be baptized
or by the parents or guardians, or in their default, by the minis
ter of Baptism;
5. The sponsor must, either in person or through proxy,
physically hold or touch the one baptized, or receive him im-
TIME AND PLACE OF BAPTISM 157
mediately after Baptism from the sacred font or from the hands
of the minister. (Canon 765.)
609. In order that one may licitly act as sponsor, he must :
1. be fourteen years of age, unless for a just reason the
minister admits younger ones ;
2. he must not be under excommunication for a notorious
crime, nor excluded from legal actions, nor suffer from infamy
of law, even though no sentence was pronounced against him
in the ecclesiastical court, nor must he be under an interdict, or
otherwise a public criminal, or disgraced by infamy of fact;
3. he must know the rudiments of the faith;
4. he must not be a novice or professed member in any
religious organization, unless there is no other to act as sponsor
and permission is granted by at least the local superior ;
5. he must not be in sacred orders, unless he has the ex
press permission of his own Ordinary to act as sponsor. (Canon
766.)
610. In doubtful cases as to whether one can validly or
licitly be admitted as sponsor, the pastor should, if time per
mits, consult the Ordinary. (Canon 767.)
611. In Baptism spiritual relationship is contracted with
the one baptized by the minister and the sponsor. (Canon 768.)
In this, therefore, the law of the Council of Trent has been
greatly restricted, so that no impediment is contracted with the
parents.
612. It is the duty of the sponsor, by virtue of his office,
to take an interest in his spiritual child, and to take good care
that he is instructed in the duties of a Christian life and that
he lives up to it, as in the ceremony he solemnly pledged himself
for this, (Canon 769.)
CHAPTER V.
Time and Place of Baptism.
613. Infants should be baptized as soon as possible. Pas
tors and preachers should often remind the faithful of this grave
obligation. (Canon 770.)
614. Private Baptism may, in case of necessity, be given
at any time and in any place. (Canon 771.)
615. Solemn Baptism may be given any day. It is most
158 THE NEW CANON LAW
proper, however, according to the most ancient rite of the
Church, to baptize adults on the vigils of Easter and Pentecost,
especially in metropolitan and cathedral churches, if this can
be done conveniently. (Canon 772.)
616. The proper place for solemn Baptism is the baptistry
in churches and public oratories. (Canon 773.)
617. Every parish church shall have a baptismal font; all
contrary statutes, privileges and customs are disapproved and
rescinded. If other churches have acquired the right to have
baptismal fonts, such rights may continue.
The bishop can for the convenience of the people allow or
demand that baptismal fonts be placed also in other churches
and public oratories within the limits of the parish. (Canon
774.)
618. If the child cannot be brought to the parish church,
nor to any other having the right to baptize, on account of dis
tance or any other circumstances attended by great inconvenience
or danger, the solemn baptism can and must be given by the
pastor in the nearest church or public oratory within the parish,
even though there be no baptismal font. (Canon 775.)
619. In private houses solemn Baptism cannot be given
except under the following conditions:
1. if those to be baptized are the sons or nephews of the
highest ruler of a country, or have the right of succession to
the throne, if they lawfully ask to be so baptized;
2. if the local Ordinary with prudent and conscientious
judgment should allow it when in some extraordinary case there
are good reasons to have the Baptism in the private house ;
3. in these cases Baptism must be given in the private
chapel of the house, or at least in a decent place, and baptismal
water is to be used, (Canon 776,)
CHAPTER VI.
Recording and Proof of Baptism.
620. The pastor should, carefully and without delay, enter
into the records the name of the one baptized, the minister, par
ents and sponsors, date and place.
In the Baptism of illegitimate children the name of the
mother is to be entered, if her motherhood is publicly known,
CONFIRMATION 159
or if she of her own accord demands this either in writing or
before two witnesses. Also the name of the father, provided
he himself demands it either in writing or before two witnesses,
or if he be known from some public document. In all other cases
the child should be entered as one whose father or parents are
unknown. (Canon 777.)
621. If Baptism was not given by the pastor, nor in his
presence, the minister shall as soon as possible inform the pastor
of the domicile of the one baptized. (Canon 778.)
622. For the proof of Baptism, where no third party is
harmed, one witness who is absolutely trustworthy, or the oath
of the one baptized in adult age, is sufficient. (Canon 779.)
TITLE II.
Confirmation.
623. The Sacrament of Confirmation must be conferred
by imposition of hands, with the anointing of the forehead with
holy chrism and the words prescribed in the pontifical books ap
proved by the Church. (Canon 780.)
624. The chrism to be used in the Sacrament of Confirma
tion must be blessed by the bishop, even when a priest, either
by law or special indult, confers this Sacrament.
The anointing should not be done with any instrument, but
with the hand of the bishop, properly imposed on the head of
the one confirmed. ( Canon 78 1 . )
CHAPTER I.
The Minister of Confirmation.
625. The ordinary minister of Confirmation is the bishop
only.
The extraordinary minister is a priest who either by com
mon law or by special indult of the Holy See has received the
faculty to confirm.
This faculty have by law the Cardinals, abbots and prelates
nullius, vicars and prefects apostolic, who cannot validly make
use of the faculty except within the limits of their territory, and
for the time of their term of office only. In reference to
Cardinals, Cf. No. 161, 23.
160 THE NEW CANON LAW
The priest of the Latin Rite who has this power by virtue
of an indult can validly confer Confirmation on Catholics of his
Rite only, unless the indult expressly allows more.
It is not lawful to priests of the Oriental Rite who have the
faculty or the privilege to give Confirmation together with Bap
tism to the infants of their Rite, to confirm infants of the Latin
Rite. (Canon 782.)
626. The bishop can within his diocese lawfully confirm
also strangers, unless there is an explicit prohibition of their
bishop to go outside the diocese for Confirmation.
In the diocese of another bishop, a bishop must have at
least the presumed permission of the local Ordinary, except
when he confirms his own subjects privately and without crozier
and mitre. (Canon 783.)
627. The priest who has a local Apostolic privilege to con
firm, may also confirm strangers in the territory of his jurisdic
tion, unless the Ordinaries of these strangers have explicitly
forbidden their people to receive Confirmation outside the dio
cese. (Canon 784.)
628. The bishop is obliged to administer Confirmation to
his subjects who lawfully and reasonably ask 'for it, especially
at the time of his visitation of the diocese.
The same obligation rests with the priest who, by Apostolic
privilege has the right to confirm in regard to those in whose
favor this faculty was given him.
The Ordinary who is lawfully prevented, or who has no
faculty to confirm, must see to it that at least every five years
this Sacrament is administered among his subjects.
If he gravely neglects to administer this Sacrament, either
himself or through another, the archbishop shall report the mat
ter to the Holy See, (Canon 785.)
CHAPTER II.
The Subject of Confirmation.
629. He who is not baptized cannot validly be confirmed.
In order that one may receive Confirmation licitly and with
fruit, he must be in the state of grace, and, if he has the use
of reason, he must be sufficiently instructed. ( Canon 786. )
630. Although this Sacrament is not an absolutely neces-
TIME AND PLACE OF CONFIRMATION 161
sary means of salvation, no one is allowed to neglect to receive
it when occasion offers. The pastors must see to it that the faith
ful receive Confirmation in proper time. (Canon 787.)
631. In the Latin Church Confirmation is usually deferred
until about the seventh year of age. Nevertheless, it may be
conferred before this, if the infant is in danger of death, or if
the minister in any other case thinks it expedient for good and
weighty reasons. (Canon 788.)
632. If there are several to be confirmed, they should be
present at the first imposition or extension of hands, and they
must not leave until the rite is completed. (Canon 789.)
CHAPTER III.
Time and Place of Confirmation.
633. This Sacrament can be administered any time; it is
most befitting to administer it during the week of Pentecost.
(Canon 790.)
634. The proper place for Confirmation is a church, never
theless, if the minister has any just and reasonable cause he
may confirm in any becoming place. (Canon 791.)
635. The bishop has the right to administer Confirmation
within the limits of his diocese in any, even exempted places.
(Canon 792.)
CHAPTER IV.
The Sponsors.
636. By a most ancient custom the Church requires a spon
sor at Confirmation, if one can be had. (Canon 793.)
637. The sponsor should not stand for more than two,
except the minister for a just reason allow him to stand for more.
No candidate for Confirmation should have more than one
sponsor. (Canon 794.)
638. In order that one may validly act as sponsor, he must :
1. be confirmed himself, have the use of reason and the
intention to act as sponsor;
2. not belong to an heretical or schismatic sect, nor be
under any of the penalties spoken of in Canon 765, n. 2, by a
declaratory or condemnatory sentence;
3. not be the father, mother of, or married to, the one
confirmed;
162 THE NEW CANON LAW
4. be designated by the one to be confirmed, or by his
parents, guardians, or in their default or refusal to designate
a sponsor, the minister or the pastor may designate him.
5. physically touch either in person or through a proxy
the one confirmed in the very act of Confirmation. (Canon
795.)
639. The requirements for licit sponsorship are :
1. he should not be the sponsor of Baptism, unless there
is a good reason which is left to the judgment of the minister
of Confirmation, or unless Confirmation is given immediately
after Baptism;
2. he should be of the same sex as the one confirmed,
unless the minister allows an exception in particular cases and
for good reasons;
3. he must have the other requisites mentioned for Bap
tism in Canon 766. (Canon 796.)
640. Spiritual relationship arises in valid Confirmation
between the one confirmed and the sponsor, and the sponsor is
held by his office to interest himself in the spiritual welfare of
the one confirmed and care for his Christian education. (Canon
797.)
CHAPTER V.
Record and Proof of Confirmation.
641. In the Confirmation record there should be entered
the names of the minister, parents, sponsors, and the date and
place, besides making note of it in the baptismal record, as de
manded in Canon 470, § 2.
642. If the proper pastor of the one confirmed was not
present, the minister of Confirmation should either himself or
through another send the report to the pastor. ( Canon 799. )
643. For proof of the Confirmation, when no one else's
right is at stake, it is sufficient to have one witness who is alto
gether trustworthy, or the sworn statement of the one confirmed,
unless Confirmation was given in infancy. (Canon 800,)
TITLE III.
The Blessed Eucharist.
644. In the Blessed Eucharist Christ, the Lord, is Him
self contained, offered, and received under the species of bread
and wine. (Canon 801.)
THE HOLY SACRIFICE OF THE MASS 163
CHAPTER I.
The Holy Sacrifice of the Mass.
Article I. The Celebrant.
645. Priests only have the power to offer the sacrifice of
Holy Mass. ( Canon 802. )
646. It is forbidden that several priests concelebrate, ex
cept in the Mass of ordination of priests, and in the Mass of con
secration of bishops, according to the Pontificate Romanum.
(Canon 803.)
647. A priest who wishes to celebrate in a church outside
his own, must exhibit authentic and still valid letters of his
Ordinary, if he is a secular; or if he is a religious, of his superior ;
or, if he belongs to an Oriental Rite, of the Sacred Congregation
for the Oriental Church, in order that he may be admitted to
say Holy Mass, unless it be known that in the meantime he has
committed some act for which he should not be admitted to say
Mass.
If he has no such letters, but his good character is known
to the rector of the church, he may admit him; if, however, he
is unknown to him, he may still be admitted once or twice, pro
vided he wears priestly attire, does not get any remuneration
under any title from the church in which he says Holy Mass,
and signs his name, office and diocese in a book specially to be
kept for that purpose.
The special regulations of the bishop concerning this mat
ter, saving the rules of this Canon, must be observed by all, even
exempt religious, unless there is question of admitting to cele
bration of Holy Mass religious priests in churches of their own
Order. (Canon 804.)
648. Every priest is obliged to say Holy Mass several
times a year. The bishop, or the religious superior, shall see
to it that the priest celebrate at least on all Sundays and holi
days of obligation. (Canon 805.)
649. The priest is not allowed to say Holy Mass more
than once a day, except by papal indult or by permission of the
local Ordinary. On Christmas and on All Souls* day permis
sion is given to say three Holy Masses.
The Ordinary cannot grant the permission to binate unless
pn holidays of obligation a considerable part of the faithful
164 THE NEW CANON LAW
would have to miss Holy Mass on account of the scarcity of
priests. It is not in his power, however, to allow a priest to
say more than two Holy Masses in one day. (Canon 806.)
650. The priest who should find himself in mortal sin
shall not dare to say Holy Mass without previous sacramental
confession, no matter how contrite he may be over his sins. If
he has no chance to go to confession and urgent need obliges
him to celebrate, he shall make an act of perfect contrition be
fore saying Holy Mass, and shall be obliged to confess as soon
as possible. (Canon 807.) This regulation is the same as the
Council of Trent had it.
651. The priest is not allowed to celebrate unless he has
observed the natural fast from midnight. (Canon 808.)
652. The priest is free to apply Holy Mass for any living
person, and also for the poor souls in purgatory, provided he
observes the rules of Canon 2262, § 2, n. 2. This Canon allows
Holy Mass to be privately applied, if scandal is avoided, for an
excommunicated person, but when it is an cxcommunicatus
vitandus Holy Mass can be said only for his conversion and not
for any other intentions for which he may ask to have Holy
Mass applied. (Canon 809.)
653. The priest should not omit to prepare his soul by
pious prayer for the oblation of the eucharistic sacrifice, and
upon its conclusion give thanks to God for such a great benefit.
(Canon 810.)
654. The priest about to say Holy Mass should wear the
cassock and the sacred vestments prescribed by the rubrics of
his Rite.
He must not wear cap and ring, unless he be a Cardinal,
bishop or an abbot who has received the abbatial blessing, or
has received an Apostolic indult which allows him their use in
the celebration of Holy Mass. (Canon 811.)
655. No priest, except the bishop and other prelates hav
ing the use of the pontificals, is allowed to have an assistant
priest for the sole reason of honor and solemnity. (Canon 812.)
656. The priest should not say Holy Mass unless he has
a server who serves and answers him.
The server at Mass should not be a woman, unless no man
can be had, and provided the woman stays at a distance to an-
THE HOLY SACRIFICE OF THE MASS 165
swer the prayers and does not in any way approach the altar.
(Canon 813.)
Article II. The Rites and Ceremonies of Holy Mass.
657. The holy Sacrifice of the Mass must be offered up in
bread and in wine which is to be mixed with a little water.
(Canon 8 14.)
658. The bread must be purely of wheat flour and recently
made, so that there is no danger of corruption.
The wine must be the natural juice of the grape vine and
uncorruptecl. (Canon 815.)
659. In the celebration of Holy Mass the priest must, ac
cording to his own Rite use either unleavened or fermented
bread, wherever he celebrates. (Canon 816.)
660. It is forbidden, even in extreme cases of necessity,
to consecrate one species without the other, or both outside of
Holy Mass. (Canon 817.)
661. The celebrant must accurately and devoutly observe
the rubrics of his liturgical books, and guard against adding
other ceremonies and prayers of his own choice. All contrary
custom is disapproved. (Canon 818.)
662. Holy Mass must be celebrated in the liturgical lan
guage proper to each one's Rite, as approved by the Church.
(Canon 819.)
Article III. Time and Place of Holy Mass.
663. Holy Mass may be said on all days except those
wrhich are excluded by the priest's own Rite. (Canon 820.)
664. Holy Mass should not be commenced earlier than
one hour before the aurora, nor later than one hour after mid
day.
On Christmas day only the conventual or parochial Mass
can be begun at midnight, but no other Mass without an Apos
tolic indult.
In all religious or pious houses having an oratory with the
right of keeping there habitually the Blessed Sacrament, one
priest may at midnight say one or also three Masses, and this
Holy Mass will for all who assist satisfy the obligation of hear
ing Mass, and Holy Communion may be given to those who wish
to receive. (Canon 82 1.}
166 THE NEW CANON LAW
665. Holy Mass must be celebrated on a consecrated altar,
and in a church or oratory consecrated or blessed according to
law. Regarding private and semi-public oratories, Canon 1196
is to be observed.
The privilege of the portable altar is conceded either by
law or by indult of no other .than the Holy See.
This privilege is to be understood in such a sense, that it
bestows the faculty to say Holy Mass anywhere in a decent and
respectable place, and on a consecrated altar stone, not, how
ever, on the ocean.
The local Ordinary, or when there is question of an exempt
religious house, the major superior, can give permission for a
just and reasonable cause to celebrate Holy Mass outside the
church or oratory on a consecrated altar stone, in a decent place,
but never in a bedroom. This permission can be given in an
extraordinary case and only per modum actus, i. e. not per
petually. (Canon 822.)
666. Holy Mass may not be said in churches of heretics
and schismatics, even though they were in ancient times properly
consecrated or blessed.
If there is no altar of the priest's own Rite, he may cele
brate on an altar consecrated by another Catholic Rite, follow
ing his own Rite in the celebration of Holy Mass. He may not
celebrate with the Greek antimcnsia, a kind of corporal in which
relics are deposited.
On papal altars no one is allowed to celebrate without an
Apostolic indult. (Canon 823.)
Article IV. The Alms or Stipends of Masses.
667. According to an established and approved custom of
the Church, any priest who says and applies Holy Mass may
receive an alms or stipend.
Whenever he says Holy Mass several times a day, and has
to apply one Mass from a title of justice, he cannot receive an
other stipend, excepting some compensation from an extrinsic
title. On Christmas, however, he may receive a stipend also
for the second and third Mass. (Canon 824.)
668. It is never lawful :
1. to apply Holy Mass for the intention of one who may
offer a stipend in the future, but who has not yet asked for the
THE HOLY SACRIFICE OF THE MASS 167
Mass, and then to accept the stipend afterwards given for the
Mass said before;
2. to accept a stipend for a Mass that was due and ap
plied from another title ;
3. to receive two stipends for the application of one Mass;
4. to receive one stipend for only the celebration, and
another for the application of one and the same Mass, unless
it is certain that one stipend was offered for the celebration
without the application. (Canon 825.)
669. Manual stipends are called those which the faithful
offer out of their own devotion, or from some obligation, even
a perpetual one imposed on heirs by the testator.
Ad instar manualiuM, are called the stipends of foundation
Masses which cannot be applied in the proper church, or not
by those who, according to the laws of those foundation Masses,
should say them, and which may either by law or by papal indult
be given to other priests to say.
Other stipends, received from a fund set apart for founda
tion Masses, are called stipendia fundata, or, Missae fundatae.
(Canon 826.)
670. Any kind of negotiation or trading with Mass sti
pends must absolutely be avoided. (Canon 827.)
671. So many Masses must be said and applied as Mass
stipends, even small ones, were offered and accepted. (Canon
828.)
672. Though the Mass stipends should have been lost
without the fault of the one who has the responsibility to say
the Masses, the obligation does not cease. (Canon 829.)
673. If a person has offered a certain sum of money for
Holy Masses to be said, without indicating how many Masses
he desires, the number must be reckoned according to the ordi
nary stipends customary in the place where the giver of them
lived, unless circumstances are such that it must be lawfully
presumed that his intention was different. (Canon 830.)
674. It is the right of the local Ordinary to fix the amount
of the stipend, which should, as far as possible, be done in the
diocesan synod; the priest may not demand a larger stipend
than has been fixed by the law of the bishop.
Where there is no law of the bishop fixing the stipend, the
custom of the diocese should be followed.
168 THE NEW CANON LAW
All religious, also the exempt ones, are obliged to observe
the law of the bishop, or the custom of the diocese, concerning
Mass stipends. (Canon 831.)
675. The priest may accept a larger stipend, if voluntarily
offered; and, unless the Ordinary has forbidden it, he may ac
cept a smaller one. (Canon 832.)
676. It is presumed that the one who offers the stipend
only requests the application of Holy Mass; if, however, he has
explicitly stipulated certain circumstances for its celebration, the
priest who accepts the stipend must fulfill the conditions made
by the one who offered the stipend. (Canon 833.)
677. Concerning the time when Holy Mass is to be said,
the following rules must be observed:
1. if the day was specified by the giver of the stipend,
Holy Mass must absolutely be said that day;
2. if the giver of manual stipends did not expressly specify
the day, then (1) Masses ordered for an urgent cause must be
said as soon as possible, and within the time proper to obtain
the purpose, e. g., a Mass said for a successful examination,
which naturally has to be said before the examination takes
place; (2) in all other cases Holy Mass must be said within a
short time, a longer or shorter period, according to the number
of Masses;
3. if the giver of the stipend expressly left the time for
saying the Holy Masses to the judgment of the priest, he may
say them at a time that he finds more convenient. The rule of
the following Canon, however, must be observed. (Canon 834.)
678. No one is allowed to receive more Masses than he
himself can say within a year. (Canon 835.)
679. In churches where, on account of the special devo
tion of the faithful, stipends for Masses are offered in such a
number that it is impossible to say all of them in that church
within the required time, the faithful should be notified by no
tices posted in a conspicuous place that the Holy Masses will
be said either in that church when possible, or in other places.
(Canon 836.)
680. He who has Masses which are to be said by others,
should distribute them as soon as possible, observing Canon 841.
The time prescribed by law for their application begins on the
THE HOLY SACRIFICE OF THE MASS 169
day on which the priest received them, unless the contrary is
certain from other reasons. (Canon 837.)
681. He who has a number of Masses which he is allowed
to give to others, may distribute them among priests of his
choice, provided he knows they are absolutely trustworthy or
are recommended by the testimony of their Ordinary. (Canon
838.)
682. He who has given to other priests Masses which he
received from the faithful, or which are in any way entrusted
to him, is held to their obligation until he received notice that
the stipends were received by the priest, and that he has ac
cepted to say the Masses. (Canon 839.)
683. He who transmits manual stipends to others must
send away the stipends as he received them, and cannot retain
part of larger stipends, unless the giver expressly permits this,
or it is certain that what was offered above the usual stipend
was given intuitu personae, that is to say, for special personal
reasons.
In Masses ad instar manualium (cf. Canon 826), unless
the intention of the founder is otherwise, the excess of the ordi
nary stipend may be retained, if the larger stipend takes the
place of a partial endowment of the benefice or pious institution,
and it is sufficient to send the manual stipend customary in the
place where the Masses are to be said. (Canon 840.)
684. Each and every administrator of pious institutions,
or any one else who is obliged to attend to the saying of Holy
Masses for stipends, whether clerics or laymen, must at the end
of each year send to their Ordinaries those stipends for which
they have not yet satisfied, according to the manner to be spe
cified by the Ordinary.
This time is to be understood in such way that for stipends
ad instar manualium the obligation of sending them to the bishop
begins with the end of the year during which they should have
been said ; for manual stipends, one year from the day on which
they were received, saving the different will of the givers. (Canon
841.)
685. The right and duty to see that the obligation of the
Mass stipends is attended to in secular churches belongs to the
Ordinary; in churches of the religious, to their superiors. (Canon
842.)
170 THE NEW CANON LAW
686. The rectors of churches and other pious places, both
secular and religious, in which stipends for Masses are usually
received, must have a special book in which they should accu
rately mark down the number, intention, amount of stipend, and
the celebration of the Masses they receive.
The Ordinaries are obliged to inspect these books at least
once a year, either in person or through some one else. (Canon
843.)
687. The Ordinaries of dioceses, and religious superiors,
who give Masses to their subjects or to others to say, shall mark
down at once the Masses with the alms they receive, in the
order in which they get them, and attend to it that as far as
possible they are said soon.
Every priest, whether secular or religious, must mark down
accurately the Mass intentions which they receive, and whether
and when they have satisfied them. (Canon 844.)
CHAPTER II.
The Blessed Sacrament.
Article I. The Minister of Holy Communion.
688. The priest alone is the ordinary minister of Holy
Communion. The deacon is the extraordinary minister, who
must have the permission of the Ordinary or of the pastor, which
can be given for a grave reason and can be lawfully presumed
in case of necessity. (Canon 845.)
689. Every priest may distribute holy Communion in the
Mass, and, if he celebrates privately, also immediately before
or after Mass.
Outside Holy Mass any priest may administer holy Com
munion, and if he does not belong to that church he should have
at least the presumed permission of the rector of the church.
(Canon 846.)
690. Holy Communion should be brought to the sick pub
licly, unless good reasons make the private ministration advis
able. (Canon 847.)
691. The right a>nd duty to carry holy Communion pub
licly to the sick within the parish, even to non-parishioners, be
longs to the pastor.
Other priests may do so only in case of necessity, and with
THE BLESSED SACRAMENT 171
at least the presumed permission of the pastor or Ordinary.
(Canon 848.)
692. Any priest may privately bring holy Communion to
the sick with at least the presumed permission of the priest to
whom the custody of the Blessed Sacrament is entrusted.
When holy Communion is administered privately to the
sick, the reverence and respect due to such a Sacrament should
zealously be safeguarded, by observance of the regulations laid
down by the Holy See. (Canon 849.)
693. The administration of the holy Viaticum, whether
public or private, belongs to the pastor, according to Canon 848.
The exceptions to this Canon are stated in Canons 397, n. 3 and
514, §§ i_3. (Canon 850.)
694. The priest shall give holy Communion either in fer
mented or unfermented bread, according to the rules of his Rite.
In case of urgent necessity, when there is no priest of an
other Rite to be had, the priest of the Oriental Rite, who uses
fermented bread, may give holy Communion in unfermented
bread, and vice versa. Each one shall observe the ceremonies
proper to his own Rite. (Canon 851.)
695. Holy Communion is to be given only under the spe
cies of bread. (Canon 852.)
Article II. The Recipient of Holy Communion.
696. Every baptized person not barred by law can and
must be admitted to holy Communion. (Canon 853.)
697. Children who, on account of their age, have not yet
the knowledge and desire for this Sacrament should not be given
holy Communion.
In case of danger of death holy Communion may be given
to young children, if they know to distinguish the holy Euchar
ist from ordinary bread, and reverently adore it.
Outside the case of danger of death a deeper knowledge
of Christian doctrine, and a more accurate preparation is justly
demanded, to an extent that they know at least the mysteries of
faith necessary as absolute means of salvation, and that they
do approach holy Communion with such devotion as can be
expected from young children.
The judgment of the sufficient disposition of children for
172 THE NEW CANON LAW
first holy Communion shall rest with the confessor of the chil
dren and their parents, or those who take the place of the
parents.
The pastor has the duty to watch that the children do not
approach holy Communion before they have come to the use
of reason, and without sufficient knowledge, wherefore he has
the right to examine the children. It is the pastor's duty to see
to it that the children who have attained the years of discretion
and have sufficient instruction are as soon as possible strength
ened by this Divine food. (Canon 854.)
698. Notoriously unworthy Catholics, such as those ex
communicated, interdicted, and of public bad repute, must not
be admitted to holy Communion until after their repentance and
amendment is known, and satisfaction has been made for pub
lic scandal.
Occult sinners who secretly ask for holy Communion should
be refused by the priest if he knows that they have not amended;
if, however, they ask publicly and the priest cannot pass them
over without scandal, he may give them holy Communion.
(Canon 855.)
699. No one who is conscious of mortal sin shall go to
holy Communion before making a sacramental confession, no
matter how contrite he may be. If necessity urges the recep
tion of holy Communion, and there is no opportunity to go to
confession, an act of perfect contrition should first be made.
(Canon 856.)
700. No one is allowed to receive holy Communion a sec
ond time on the same day, except in the cases mentioned in
Canon 858, § 1. (Canon 857.) Cf. Canon 864, § 2.
701. Those who have not kept the natural fast from mid
night are not allowed to receive, except in danger of death, or
in case it should become necessary to consume the Blessed Sacra
ment to safeguard it against irreverence.
The sick who have been laid up for a month without cer
tain hope of speedy recovery, may, with the advice of the con
fessor, receive holy Communion once or twice a week though
they have taken medicine or some liquid food. (Canon 858.)
The reader will notice that the Code extends the original
concessions in favor of sick people. The decree of the S. Con
gregation of the Council, Dec. 7, 1906, distinguished between
THE BLESSED SACRAMENT 173
patients lying ill in a hospital or other place where the Blessed
Sacrament was kept, and allowed them to receive once or twice
a week under the same conditions as mentioned in this Canon,
while patients in other places could receive only once or twice
a month without observing the eucharistic fast.
702. Each and every Catholic of either sex must, after
having attained the years of discretion, receive holy Com
munion once a year at least in the Easter season, unless at the
direction of his priest he believes it proper to abstain for some
time.
The Easter Communion is to be received between Palm-
Sunday and Low Sunday; the local Ordinaries have the right
to extend this period for all the faithful of the diocese, if they
think this necessary on account of the condition of people and
place, from the fourth Sunday in Lent to Trinity Sunday, but
no further.
The faithful are to be advised to satisfy their Easter duty
in their own parish church, and those who received in another
church should take care to inform their pastor of the fulfilment
of their Easter duty.
If for any reason one has not made his Easter duty with
in the prescribed time he is still bound by that precept. (Canon
859.)
703. The obligation of the Easter duty for children be
low the age of puberty rests principally on those who have the
responsibility for the children, namely, parents, guardians, con
fessor, teachers, and the pastor. (Canon 860.)
704. The precept of receiving holy Communion is not sat
isfied by a sacrilegious Communion. (Canon 861.)
705. It is proper that priests who do not celebrate on
Holy Thursday receive holy Communion in the solemn, or con
ventual, Mass on that day. (Canon 862.)
706. The faithful should be admonished according to the
decrees of the Holy See to receive the eucharistic bread fre
quently, and even daily, and that those who assist at Holy Mass
should not only communicate spiritually, but be prepared to re
ceive in reality our Lord in the holy Eucharist. (Canon 863.)
707. In danger of death, no matter from what cause the
danger arises, the faithful are bound to the precept of receiving
holy Communion.
174 THE NEW CANON LAW
Though they have received holy Communion the same day
they are to be strongly advised to receive again if in the course
of the day they should come into danger of death.
During the danger of death the holy Viaticum may, ac
cording to the judgment of the confessor, be administered re
peatedly for several days. (Canon 864.)
708. The holy Viaticum for the sick should not be de
ferred too long, and those who have the care of souls should
see to it that sick people receive it while as yet fully conscious.
(Canon 865.)
709. All the faithful of any Rite are given permission
for devotion's sake to receive the Blessed Sacrament consecrated
in any Rite.
They are to be advised, however, that each one receive the
Easter Communion in his own Rite.
The holy Viaticum must be received in one's own Rite, but
in urgent necessity it is lawful to receive it in any Rite. (Canon
866.)
Article III. Time and Place for the Distribution of
Holy Communion.
710. Holy Communion may be distributed every day.
On Good Friday, however, it may be given only in the form
of the holy Viaticum to the sick.
On Holy Saturday holy Communion cannot be given to the
people except in the Mass of the day, or immediately after the
Mass is finished.
Holy Communion is to be given only during those hours of
the day when the celebration of Holy Mass is allowed, unless
there is good reason to give it at other times of the day.
The holy Viaticum may be given any hour of the day or
night. (Canon 867.)
711. The priest who says Holy Mass is not allowed to give
holy Communion during the Mass to people who are so far away
from the altar that the priest has to go out of sight of the altar.
(Canon 868.)
712. Holy Communion may be given wherever Holy Mass
is allowed to be said, even in a private oratory, unless the bishop
of the diocese should for good reasons have forbidden it in some
particular case. (Canon 869.)
THE SACRAMENT OF PENANCE 175
TITLE IV.
The Sacrament of Penance.
713. In the Sacrament of Penance the faithful who are
properly disposed receive pardon of the sins they have committed
after Baptism, by the judicial absolution of a legitimately ap
pointed priest. (Canon 870.)
CHAPTER I.
The Minister of the Sacrament of Penance.
714. A priest only is the minister of this Sacrament.
(Canon 871.)
715. Besides the power of orders, there is the power of
jurisdiction, either ordinary or delegated, necessarily required in
the minister for valid absolution from sins. (Canon 872.)
716. Ordinary jurisdiction for the hearing of confessions
in the whole Church have, besides the Roman Pontiff, also the
Cardinals ; and, in their respective territory, the local Ordinaries,
the pastor, and others who take the place of pastors.
Ordinary jurisdiction have also the Canon Penitentiary of a
collegiate church, according to Canon 401, § 1, and the superiors
of exempt religious for their subjects, according to their consti
tutions.
This jurisdiction ceases with the loss of office, according to
Canon 184, and by incurring excommunication, suspension from
office, and interdict after a declaratory or condemnatory sentence
of the ecclesiastical judge. (Canon 873.)
717. Delegated jurisdiction to hear the confession, both of
seculars and of religious, is given to secular priests as well as to
exempt and non-exempt religious by the Ordinary of the place
where the confessions are to be heard. The religious, however,
should not make use of this faculty without at least the presumed
permission of their superiors. The rule of Canon 519, however,
shall stand.
The Ordinaries of dioceses should not give to the religious
habitual faculties to hear confessions unless they have been
presented by their own superiors ; and to those presented by their
own superiors they should not deny this faculty without a serious
reason. Canon 877 is, however, to be observed. (Canon 874.)
176 THE NEW CANON LAW.
718. In clerical exempt Religious Orders and congregations
the proper superior, according to the constitutions, can give dele
gated jurisdiction to hear the confessions of the professed, the
novices and of those who board in the religious house, mentioned
in Canon 514, § 1 ; this jurisdiction he may give also to secular
priests and priests of another Order or congregation.
In laical exempt Orders the superior proposes the confessor
who, however, must obtain jurisdiction from the Ordinary of the
diocese where the religious house is situated. (Canon 875.)
719. Revoking all contrary particular laws or privileges,
all secular and religious priests need special jurisdiction to validly
and licitly hear the confessions of any religious women, even of
novices. Exceptions to this rule are contained in Canons 239,
§ 1, n. 1, 522 and 523, which Canons refer to the faculties the
Cardinals have to hear confessions of seculars and religious any
where; the other Canons refer to the confessions of religious
made in any church, public or semi-public oratory, where any
approved priest can hear religious women, and to cases of serious
illness when the sick sister may call any approved priest to hear
her confession. Outside these cases therefore no priest can hear
the confession of sisters in their convents without being specially
approved for the sisters.
This faculty is to be given by the Ordinary of the diocese
where the house of the sisters is situated, according to Canon 525.
( Canon 876.)
720. Both, the bishop and the religious superior, should not
grant faculties to hear confessions except to those who by exami
nation have been found capable, unless there is question of priests
whose theological learning is plainly known from other sources.
If, after the faculty has been granted, serious doubt arises
as to whether the priest who was approved continues to be ca
pable, those who approved him may recall him for examination,
even though there is question of a pastor or a canon penitentiary.
(Canon 877.)
721. Delegated jurisdiction or permission to hear confes
sions can be given with certain restrictions.
The bishop and religious superiors should, however, not
limit the jurisdiction or permission too much without a reason
able cause. (Canon 878.)
722. Jurisdiction must be given either in writing or ex-
MINISTER OF THE SACRAMENT OF PENANCE 177
pressed in words in order to be valid for the hearing of con
fessions.
No compensation can be demanded for the granting of juris
diction. (Canon 879.)
723. The bishop and the religious superior should not re
voke or suspend the jurisdiction or permission to hear confes
sions except for a serious reason.
For grave reasons the bishop may deprive of the faculties to
hear confessions even pastors and penitentiaries, who may, how
ever, take recourse to the Holy See, but must in the meantime
abide by the orders of the bishop.
The bishop is not allowed without consulting the Holy See
to deprive all the confessors of a religious community at one and
the same time of their faculties, if there is question of so-called
formed houses. (Canon 880.)
724. All priests, seculars as well as religious, approved for
confessions in some diocese, either with ordinary or delegated
jurisdiction, can also hear and absolve those who have no domi
cile, called vagi, and those who belong to another diocese or
parish, and Catholics of any Oriental Rite.
Those who have ordinary jurisdiction can absolve their sub
jects anywhere in the world. (Canon 881.)
725. In danger of death any priest, though he be not ap
proved for confessions, may validly and licitly absolve all peni
tents from all sins and censures, no matter in what manner they
are reserved and how public their censure is, though there be
present an approved priest. There are two modifications to this
rule, one contained in Canon 884, which will be seen there, and
the other in Canon 2252, which orders that when the priest ab
solves a penitent in danger of death from a censure specialissimo
modo reserved to the Holy See or from a censure inflicted by the
Holy See or an Ordinary by special sentence on the guilty per
son, recourse must be had to the Holy See in the one case, and
to the authority that inflicted the censure in the other, for the
imposition of a penance, if the sick person gets well. (Canon
882.)
726. All priests who make an ocean trip can hear confes
sions on board during the time of the voyage and absolve the
faithful who travel with them, though the boat may pass
through the diocese of other bishops or stay for a while in some
178 THE NEW CANON LAW
port, provided they have been approved for confessions either by
the bishop of their own diocese, or by the bishop of the port
where they take ship, or by the Ordinary of any of the ports at
which the boat calls.
Whenever the boat stops at some port during the trip they
may hear and absolve not only the people who for any reason
come on board ship, but, if the priest goes ashore for a while,
also those people who request him to hear their confession, in
which case he may absolve also from sins reserved by the bishop
of that place. (Canon 883.)
727. The absolution of the priest's own accomplice in a sin
of impurity is invalid except when that person is in danger of
death. The priest absolves illicitly even in danger of death un
less another priest cannot be had, or the calling of another under
the circumstances would implicitly reveal the sin of the priest
and of the sick person; the apostolic Constitutions, and especially
that of Pope Benedict XIV: Sacramentum Poenitentiae, thus
declare. (Canon 884.)
728. Though the prayers attached by the Church to the
formula of absolution are not necessary for the validity of the
absolution, nevertheless they should not be omitted except for
good reasons. (Canon 885.)
729. If the confessor cannot call in doubt the proper dis
position of a penitent who asks for absolution, the priest must
neither deny nor defer absolution. (Canon 886.)
730. The confessor should impose a salutary penance in
proportion to the number and gravity of the sins, and accommo
dated to the condition of penitents, which penance they must ac
cept with a willing heart and perform personally. (Canon 887.)
731. The priest should remember that in the hearing of
confessions h^ is to act the part of both judge and physician, and
that he is appointed by God a minister of both Divine justice
and mercy, so as to safeguard the honor of God and provide for
the welfare of souls.
The priest must absolutely guard against inquiring about
the name of an accomplice in sins confessed, and against detain
ing penitents with useless and too inquisitive questions, especially
concerning the Sixth Commandment, lest he may by imprudent
questions teach the youth what they should not know. (Canon
888.)
RESERVATION OF SINS 179
732. The sacramental seal is inviolable, wherefore the con
fessor must carefully watch himself not to betray the sinner by
words or signs, or in any other way, for any reason whatsoever.
The obligation of keeping the sacramental seal rests also
with the interpreter, and with all other persons to whom knowl
edge of the confession has come in any way. (Canon 889.)
733. The confessor is absolutely forbidden to use the
knowledge derived from confession in any manner disagreeable
to the penitent, even though there be no danger of revelation.
The actual superior, as well as the confessor who is made
superior afterwards, cannot use the knowledge they have gained
from confessions for the purpose of the external government in
any way. (Canon 890.)
734. The master of novices and his associate, and the su
perior of a seminary or college, shall not hear the confessions of
the pupils in their charge, except in particular cases where the
novice or student for grave and urgent reasons should of his
own accord ask them to hear his confession. (Canon 891.)
735. Pastors and others to whom the care of souls is en
trusted by virtue of their office, are held under grave obligation
of justice to hear, either in person or through others, the con
fessions of the faithful in their charge whenever they reasonably
ask to be heard.
In case of urgent necessity all confessors are by the duty of
charity obliged to hear the confessions of the faithful, and in
danger of death any priest, though he is not approved or is under
censure, (Canon 892.)
CHAPTER II.
Reservation of Sins.
736. Those who have the ordinary power of giving to
others faculties to hear confessions or to inflict censures, can also
reserve some cases to their own tribunal and thus limit the power
of absolution given to their priests. Though the vicar capitular
and the vicar general have ordinary power to approve others for
confession, the vicar capitular (with us the administrator of the
diocese) cannot reserve cases, and the vicar general only by
special mandate from the bishop.
This restriction of jurisdiction is called the reservation of
cases.
180 THE NEW CANON LAW
In reference to the reservation of censures the rules of
Canons 2246-2247 are to be followed. (Canon 893.)
737. Among the papal reserved censures there is only one
case reserved after the manner of reserved sins, namely the false
accusation before ecclesiastical judges of an innocent priest,
charging him with the crime of solicitation in confession. (Canon
894.) The Code, in Canon 2363, punishes this sin with excom
munication reserved to the Holy See speciali modo, which cen
sure is new. Papal censures as a rule are reserved in such a
manner that the censure is the primary object of the reservation,
so that a case ceases to be reserved if the censure was not in
curred, be it through ignorance of the penalty or through any
other excuse from the censure admitted in law. The case of
Canon 894 is an exception from the general rule, and as the
Canon states, the only exception in papal cases.
738. The Ordinaries of dioceses should not reserve sins
until after a thorough discussion in the diocesan synod, or out
side the synod with the cathedral Chapter or the diocesan consul-
tors and other experienced and prudent confessors, so as to make
sure that the reservation will be really necessary, or at least use
ful. (Canon 895.)
739. The Superior General, and the abbot of an indepen
dent monastery, with their respective council are the only supe
riors of religious who can reserve sins of their subjects. (Canon
896.) Canon 518, § 1, demands that in each house several con
fessors are to be appointed to whom the faculty to absolve from
sins reserved in the Orders must be granted; Canon 519 rules
that a priest approved by the bishop of the diocese to whom a
religious comes to confession may absolve him from all sins even
from those reserved in the Order. Former concessions granting
to exempt religious the right to make their confession to a priest
not approved by the superior for the confessions of their sub
jects, had various restrictive clauses, for instance that only when
they were for an entire day away from the house, or that for a
whole day there was no other priest of the Order at home, etc.
The present law does not place any such restrictions and revokes
all contrary privileges. In the matter of confession the privilege
of exemption has therefore been considerably diminished for all
exempt religious, but it has been done in the best interests of
liberty in affairs of conscience.
RESERVATION OF SINS 181
740. The reserved cases should be few in number, namely
three or at most four, and they should embrace the more grievous
and hideous external crimes specifically stated. The reservation
should not remain in force longer than necessary for the extir
pation of some inveterate public crime, or for the restoration of
weakened Christian discipline. (Canon 897.)
741. The inferior authorities shall abstain from reserving
to themselves sins which are by reason of the censure attached
to the sin already reserved to the Holy See. They shall also as
a rule refrain from reserving sins to which the law has already
attached a censure that is not reserved. (Canon 898.) The
Code, therefore, does not wish the Ordinaries to make those sins
which are punished with a censure by the laws of the Code
diocesan reserved sins, in case the papal censure was not con
tracted by the guilty person through ignorance of the censure or
other excuses admitted in law.
742. The Ordinaries of dioceses should see to it that once
they have reserved some cases as seemed to them necessary or
useful, these reservations come to the knowledge of the people
and they should not grant faculty too freely to absolve from the
reserved cases.
The faculty to absolve from the bishop's reserved cases is
granted by law to the Canon Penitentiary of cathedral and colle
giate churches, and should be given habitually to the deans, with
the power to subdelegate priests of their district for individual
cases, especially in towns and districts far away from the epis
copal city.
By law the pastors, and others who come under the name
of pastors in the Code, have the faculty to absolve from the
bishop's reserved cases, no matter in what manner they are re
served, during the time in which the Easter duty can be fulfilled,
and the missionaries for the time of missions given to the people.
(Canon 899.)
743. Any reservation ceases:
1. if the sick who cannot leave the house make their con
fession, and when those about to be married confess ;
2. whenever the legitimate superior has refused the faculty
to absolve asked in an individual case, and also in cases where
the confessor judges that the faculty to absolve cannot be asked
from the proper superior without great inconvenience to the peni-
182 THE NEW CANON LAW*
tent, or without danger of violating the sacramental seal. In
ordinary cases, when the penitent cannot conveniently wait for
absolution, he may be indirectly absolved from the bishop's re
served case and faculty obtained afterwards to absolve directly ;
3. if the penitent who has fallen into a case reserved to the
bishop goes outside the diocese, even for no other purpose than
to get absolution, he can be absolved by any priest. If, however,
the same case should perchance be reserved also in that other dio
cese the priest cannot absolve the penitent because his jurisdic
tion over that sin is taken away from him. (Canon 900,)
CHAPTER III.
The Subject of the Sacrament of Penance.
744. Any person who has committed mortal sins after
Baptism, for which he has not yet received direct pardon through
the power of the keys, is bound to confess all mortal sins which
after a diligent examination of conscience he finds himself guilty
of, together with the circumstances which may change the species
of sins. (Canon 901.)
745. Mortal sins committed after Baptism, and already
directly remitted by the power of the keys, or venial sins, are
sufficient but not necessary matter for the Sacrament of Pen
ance. (Canon 902.)
746. Those who cannot make themselves understood any
other way are not forbidden to confess through an interpreter if
they wish to do so, and the interpreter is, as Canon 889, § 2,
states, held to the seal of confession in the same manner as the
priest. ( Canon 903 . )
747. According to the Apostolic constitutions, and espe
cially according to the Constitution of Pope Benedict XIV, Sacra-
mentum Poenitentiae, of June 1, 1741, the penitent has the duty
to denounce to the Ordinary or the Sacred Congregation of the
Holy Office within one month the priest who is guilty of solicita
tion in confession; the confessor has the duty, under pain of
mortal sin, to remind the penitent of this obligation. (Canon
904.)
748. All the faithful may, if th'ey prefer, make their con
fession to a lawfully approved priest of any other Catholic Rite.
(Canon 905.)
THE PLACE WHERE CONFESSIONS ARE HEARD 183
749. Each and every one of the faithful of either sex have
the obligation, from the time they attain the use of reason, to
confess all their sins truthfully at least once a year, that is to
say, all their mortal sim which have not yet been properly con
fessed and directly remitted by absolution. (Canon 906.)
750. He who makes a sacrilegious, or intentionally invalid
confession does not satisfy the precept of confessing his sins.
(Canon 907.)
CHAPTER IV.
The Place where Confessions are heard.
751. The proper place for sacramental confession is the
church, or a public or semi-public oratory. ( Canon 908. )
752. The confessional for hearing the confessions of
women shall always be placed in an open and conspicuous place,
and as a rule in a church or public or semi-public oratory ap
pointed for women.
The confessional must be so constructed that between the
penitent and the confessor there is an irremovable grate with
small holes. ( Canon 909. )
753. The confessions of women are not to be heard outside
the confessional, except in case of illness or any other real neces
sity, and under the precautions prescribed by the bishop of the
diocese.
The confessions of men may be heard also in private houses.
(Canon 910.)
CHAPTER V.
Indulgences.
Article I. Concession of Indulgences.
754. All the faithful should hold in great reverence the
indulgences which the ecclesiastical authority grants from the
treasury of the Church. Indulgences given to the living are
granted in the form of absolution from temporal punishment due
for sins already pardoned as to their guilt, and if granted to be
gained for the faithful departed they are applied in the form of
suffrage, because the Church has no longer jurisdiction over the
faithful once they have passed this life. (Canon 911.)
755. To the Roman Pontiff is committed by Christ the en
tire spiritual treasury of the Church, wherefore only the Pope
184 THE NEW CANON LAW
and those to whom he has given participation in the power by
law, have the ordinary power to grant indulgences. (Canon 912.)
756. Those inferior to the Roman Pontiff cannot :
1. give to others the faculty to grant indulgences, unless
the Holy See has expressly given them this indult;
2. concede indulgences that are applicable to the poor
souls ;
3. attach an indulgence to the same object, or the same
pious work, or to a sodality to which the Holy See or another
authority has already granted an indulgence, unless additional
conditions are prescribed for gaining the indulgence. (Canon
913.)
757. The Papal Benediction with a plenary indulgence may
be given in the prescribed form of the Ritual by the bishop in his
own diocese twice a year, namely on Easter Sunday and on an
other solemn feast to be designated by him, though he only assist
at the solemn Mass; abbots and prelates nullius, vicars and pre
fects apostolic, though they are not consecrated bishops, may in
their territory give the Papal Benediction on one of the more
solemn feasts of the year. (Canon 914.)
758. Regulars who have the privilege to give the Papal
Benediction are not only obliged to observe the prescribed form,
but cannot make use of their privilege except in their own
churches and in the churches of the nuns and of tertiaries legiti
mately aggregated to their Order. They are not allowed to give
it on the same day in the same place where the bishop imparts
the Papal Benediction. (Canon 915.)
759. The bishops, abbots, prelates nullius, vicars and pre
fects apostolic, and the major superiors of clerical exempt reli
gious, can designate and declare one altar privileged daily and
forever (provided there is no other altar in the church that has
already the same privilege) in their cathedral, abbatial, collegiate,
conventual, parochial and quasi-parochial churches, not, how
ever, in public or semi-public oratories unless they are united to
the parish church, or subsidiary to it. (Canon 916.)
760. On All Souls' Day all Masses have the same privilege
as though they were celebrated at a privileged altar.
All altars of a church are privileged on days on which the
Forty Hours' Devotion is held. (Canon 917.)
761. In order to indicate that the altar is privileged noth-
INDULGENCES 185
ing else should be inscribed except "privileged altar,0 with the
addition of "perpetual," or "temporary," "daily," or otherwise,
according to the wording of the indult.
For Masses to be said at the privileged altar no larger sti
pend can be demanded by reason of the privilege. (Canon 918.)
762. New indulgences, also those granted to churches of
regulars, must not be published without first consulting the bishop
of the diocese. If, however, the indulgence has been published
at Rome, for instance, by publishing the indult in the Ada Apos-
tolicae Sedis, they need not be submitted to the Ordinary.
In the publication of books, pamphlets, etc., containing a list
of indulgences granted to various prayers and pious works,
Canon 1388 is to be observed, which demands the approval of the
bishop and in certain instances that of the Holy See. (Canon
919.)
763. The person who obtained from the Roman Pontiff a
concession of indulgences for all the faithful, is obliged, under
pain of nullity of the concession, to place before the Sacred Peni
tentiary an authentic copy of the concession. (Canon 920.)
764. Plenary indulgences conceded for the feasts of our
Lord and of the Blessed Virgin, are to be understood for those
feasts only that are found in the universal calendar of the
Church.
A plenary or a partial indulgence conceded for the feasts of
Apostles can be gained only on their dies natalis.
A plenary indulgence granted, either daily and perpetually
or for some time, to those who visit a church or public oratory
is to be understood in such way that it can be gained any day but
only once a year by any of the faithful, unless the indult ex
pressly makes other provisions. (Canon 921.)
765. The indulgences annexed to feasts, or to sacred sup
plications and prayers in the form of novenas, or held for a week
or three days either before or after the feast or during the oc
tave, are to be considered transferred to that day to which the
feast is legitimately transferred, if the transferred feast has an
office and Holy Mass without solemnity and external celebration,
and the transfer is made perpetual or if either for a time or for
ever the external celebration of the solemnity is transferred.
(Canon 922.)
766. In order to gain an indulgence affixed to a certain day,
186 THE NEW CANON LAW
for which the visit of some church or oratory is required, the visit
can be made from noon of the preceding day until midnight of
the day appointed for the indulgence. (Canon 923.)
767. In accordance with the rule of Canon 75, the indul
gences attached to some church do not cease if the church should
be totally destroyed but rebuilt within fifty years in about the
same location and under the same title.
Indulgences attached to prayer beads, and other religious
objects, cease then only when the beads or other blessed articles
cease to exist, or are sold. ( Canon 924. )
Article II. Manner of Gaining Indulgences.
768. In order that one may gain for himself any indul
gence he must be baptized, free from excommunication, in the
state of grace at least at the end of the pious works prescribed,
and a subject of the authority granting the indulgence.
If a subject capable of gaining indulgences is to actually
acquire them, he must have at least the general intention to gain
them, and fulfil the prescribed good works at the stated time and
in the manner required by the wording of the indult. (Canon
925.)
769. The plenary indulgence is to be considered granted in
such manner that, if one cannot gain it for oneself as a plenary
indulgence, he may gain it partially according to the disposition
in which his soul is. (Canon 926.)
770. Unless the concession reads otherwise, the indul
gences granted by the bishop can be gained by his subjects also
outside the territory of the diocese, and likewise by transients
and vagi, and by all exempt persons actually living in the diocese.
(Canon 927.) '
771. A plenary indulgence can be gained once a day only,
though the prescribed work be performed repeatedly on the same
day, unless the indult expressly allows the repeated gaining of
the indulgence.
Partial indulgences, on the contrary, may be gained repeat
edly on the same day by repetition of the prescribed good work,
unless the indult explicitly makes a restriction. ( Canon 928. )
772. The faithful of either sex who, either for the sake of
religious perfection, or study and education, or for the sake of
health, lead a community life in houses established with the con-
INDULGENCES 187
sent of the Ordinary of the diocese, and all other persons living
there to do service, can gain indulgences for which the visit of
some church or public oratory in general is required by visiting
the chapel in the house, where they can by law satisfy their obli
gation of hearing Mass on Sundays and holidays of obligation,
provided there is no public church or oratory attached to the in
stitution, and that they fulfil the other good works prescribed for
the gaining of the indulgence. (Canon 929.)
773. No person gaining an indulgence can apply it to other
living persons ; to the poor souls in purgatory all indulgences con
ceded by the Roman Pontiff may be applied, unless the contrary
is stated in the indult. (Canon 930.)
774. The confession which may be demanded for any of
the indulgences, can be made within eight days immediately pre
ceding the day to which the indulgence is attached; holy Com
munion may be received the day previous, and both, confession
and Communion, can also be made during the octave of the feast.
To gain the indulgences granted for triduums, or exercises
for a week, etc., the confession and Communion can be made
within eight days immediately following the conclusion of the
exercises.
The faithful who are in the habit to confess at least twice
a month unless legitimately impeded, or who receive holy Com
munion dajly in the state of grace and with a good and holy in
tention, though they may abstain from receiving once or twice
a week, can gain all indulgences without actual confession for
which otherwise confession would be a necessary condition. The
indulgences of an ordinary or extraordinary jubilee, and those
granted in the form of a jubilee, are excepted from this conces
sion. (Canon 931.)
775. By good works to which one is held by law or precept
the indulgence cannot be gained, unless in the concession of the
indulgence the contrary is expressly conceded; good works im
posed as penance in sacramental confession, however, which may
perchance be enriched with indulgences, serve both for satisfac
tion of the penance and for the gaining of the indulgence.
(Canon 932.)
776. To one and the same object or place various indul
gences from different titles can be annexed, but by one and the
same good work to which by different titles various indulgences
188 THE NEW CANON LAW
are annexed one cannot gain all these various indulgences, unless
the good work prescribed is confession and holy Communion, or
the indult granting the indulgence expressly states the contrary.
(Canon 933.)
777. If for the gaining of an indulgence prayer in general
for the intentions of the Holy Father is prescribed, purely mental
prayer is not sufficient; the vocal prayer may be chosen by the
faithful, unless particular prayers are assigned.
If a particular prayer is assigned, the indulgences can be
gained by reciting the prayer in any language, provided there is
certainty as to the exactness of the translation either by declara
tion of the Sacred Penitentiary or by the bishop of the diocese
where the language, into which the prayer has been translated,
is commonly used. The indulgences, however, cease by any ad
dition, diminution or interpolation.
For the gaining of the indulgence it suffices to say the
prayers alternately with others, or to follow them mentally while
they are recited by another. ( Canon 934. )
778. The confessors can commute the good works de
manded for the gaining of indulgences for people who on account
of some legitimate impediment cannot perform these works.
(Canon 935.)
779. Mutes can gain the indulgences attached to the reci
tation of public prayers by assisting with the faithful at the
services and raising their hearts and minds to God. If there is
question of private prayers it is sufficient that they say them
mentally, or by signs, or by perusing them with their eyes.
(Canon 936.)
TITLE V.
Extreme Unction.
780. The Sacrament of Extreme Unction must be admin
istered by the sacred anointings with properly blessed olive oil
and pronouncing the words prescribed in the rituals approved by
the Church. (Canon 937.)
CHAPTER I.
The Minister of Extreme Unction.
781. This Sacrament can be validly administered only by
a priest.
THE RECIPIENT OF EXTREME UNCTION 189
With the exceptions mentioned in Canons 397, n. 3, and
514, §§ 1-3, the pastor of the parish in which the sick person
happens to be is the ordinary minister of Extreme Unction. In
case of necessity, or with the permission at least presumed of the
pastor or the Ordinary, any other priest may administer this
Sacrament. (Canon 938.)
782. The ordinary minister is bound in justice to admin
ister Extreme Unction, and in case of necessity any priest is
bound to do so by the virtue of charity. (Canon 939.)
CHAPTER II.
The Recipient of Extreme Unction.
783. Extreme Unction can be given only to the faithful
who after having come to the use of reason fall into danger of
death, either through illness or old age.
In the same illness this Sacrament cannot be repeated, un
less the sick person recovered from the illness after receiving the
sacred anointing and again relapsed into danger of death.
(Canon 940.)
784. When there is doubt whether the sick person has at
tained the use of reason, or whether he is really in danger of
death, or whether he is still alive, this Sacrament is to be given
conditionally. (Canon 941.)
785. This Sacrament mu§t not be given to those who are
known to have stubbornly persevered in mortal sin without re
pentance; if there is doubt about their disposition, Extreme
Unction may be given them conditionally. (Canon 942.)
786. Those sick persons who, while they were conscious,
did implicitly ask for Extreme Unction, or would very prob
ably have asked for it, may be given this Sacrament absolutely,
even though they are at the time deprived of the use of their
senses. (Canon 943.)
787. Although Extreme Unction is not a Sacrament abso
lutely necessary for salvation, no one is allowed to neglect it, and
care should be taken that the sick receive it while they are yet
fully conscious. (Canon 944.)
CHAPTER III.
The Rites and Ceremonies of Extreme Unction.
788. The olive oil to be used in Extreme Unction must be
190 THE NEW CANON LAW
blessed for that purpose by a bishop, or by a priest who has the
faculty for this blessing from the Holy See. (Canon 945.)
789. The Oleum infirmorum is to be kept by the pastor in
a neat and properly ornamented place in a receptacle of silver or
white metal; he shall not keep it in his house except in the case
provided for in Canon 735. (Canon 946.)
790. The anointings are to be performed with the words,
and in the order and manner prescribed in the rituals ; in case of
necessity, however, one anointing of one of the senses, or rather
on the forehead, with the prescribed shorter form, suffices, but
the obligation remains to supply the other anointings when the
danger ceases.
The anointing of the loins is always to be omitted.
The anointing of the feet may be omitted for any good
reason.
With the exception of a case of grave necessity, the anoint
ings are to be made by the hand of the priest without the use
of any instrument. (Canon 947.)
TITLE VI.
The Sacrament of Orders.
791. The Sacrament of Orders, by the institution of
Christ, distinguishes in the Church the clergy from the laity,
for the government of the faithful and the ministry of Divine
worship. (Canon 948.)
792. In the Canons which follow the term of major or
sacred Orders signifies the priesthood, deaconship and subdea-
conship; the term minor Orders refers to acolites, exorcists, lec
tors and ostiarius. (Canon 949.)
793. In law the terms: ordain, order, ordination, sacred
ordination, comprehend, besides the episcopal consecration, the
orders enumerated in Canon 949, and also the first tonsure, unless
the contrary is plain from the nature of the case, or the context
of the Canons, (Canon 950.)
CHAPTER I.
The Minister of Sacred Ordination.
794. The ordinary minister of sacred ordination is the
bishop ; the extraordinary minister is a person who, although not
THE SACRAMENT OF ORDERS 191
possessing episcopal consecration, has received either by law or
by a special indult of the Holy See the power to confer some or
ders. (Canon 951.)
795. No one is allowed without permission of the Holy
See to promote to higher orders a cleric who has received some
orders from the Roman Pontiff. (Canon 952.)
796. The episcopal consecration is reserved to the Roman
Pontiff so that no bishop is allowed to consecrate another bishop,
unless he has first received the papal mandate. (Canon 953.)
797. The consecrating bishop must employ two other
bishops to assist him in the consecration, unless the Holy See
has dispensed from this rule. (Canon 954.)
798. Every cleric shall be ordained by his own bishop, or
with his legitimate dimissorial letters.
The proper bishop shall ordain in person his own subject,
unless he is impeded by some just cause; he cannot, however,
licitly ordain a subject belonging to an Oriental Rite without an
apostolic indult. (Canon 955.)
799. The proper bishop in reference to the ordination of
seculars is only that bishop in whose diocese the candidate has
a domicile, together with the birth place, or only a domicile with
out having been born in the diocese. In the latter case the can
didate must take the oath that he has the intention to perpetually
stay in the diocese, unless there is question of a cleric who has
already been incardinated into the diocese by the first tonsure,
or of ordaining an alumnus who is destined for another diocese,
according to Canon 969, § 2, or, finally, of ordaining a professed
religious, according to Canon 964, n. 5. (Canon 956.)
800. The vicar and prefect apostolic, the abbot and the
prelate nullius, if they have episcopal consecration, are held equal
to the bishop in the matter of ordination.
If they do not have episcopal consecration they can never
theless confer in their own territory during the time of their
office the first tonsure and minor orders on their own subjects, as
well as on others who have the dismissorial letters required by
law; ordination which was conferred beyond these limitations
is null and void. (Canon 957.)
801. Dimissorial letters for the seculars can be given, as
long as they retain jurisdiction over their territory :
1. by the proper bishop after he has legitimately taken
192 THE NEW CANON LAW
session of his diocese, according to Canon 334, § 3, even though
he is not yet consecrated ;
2. by the vicar general, by special mandate of the bishop;
3. by the vicar capitular with the consent of the Chapter
after one year of vacancy of the bishopric; before the end of
the year he can give dimissorials only to those who must be
ordained on account of a benefice they have received or are to
receive, or on account of some certain office which must be filled
on account of the needs of the diocese;
4. by the vicar or prefect apostolic, the abbot or prelate
nullius, though they do not have episcopal consecration, and
they can give dimissorials also for major orders.
The vicar capitular should not give dimissorials to those
who were rejected by the former bishop. (Canon 958.)
802. He who can give dimissorial letters for the recep
tion of orders can also confer the orders himself, if he has the
necessary power to confer orders. (Canon 959.)
803. Dimissorial letters should not be granted until after
all the prescribed testimonial letters have been received in accor
dance with Canons 993-1000.
If after the Ordinary has given the dimissorial letters new
testimonial letters are necessary according to Canon 994, § 3,
the other bishop should not proceed with the ordination until he
has received the testimonials.
If the candidate has lived in the diocese of the ordaining
bishop for the length of time sufficient to contract an impediment,
according to Canon 994, the ordaining bishop himself should
directly collect the testimonials. (Canon 960.)
804. The dimissorial letters can be sent by the proper
bishop, also by a suburban Cardinal-bishop, to any bishop in
communion with the Holy See, with the exception of a bishop
of a different Rite from that of the candidate for orders, unless
an Apostolic indult has been obtained to send the candidates also
to a bishop of a different Rite. (Canon 961.)
805. Any bishop lawfully ordains a non-subject after hav
ing received the dimissorial letters, provided he has no reason
to doubt the genuineness of the letters. Canon 994, § 3, must
also be observed in the case mentioned there. (Canon 962.)
806. The dimissorial letters may be limited or revoked
by the person who issued them, as well as by his successor in
THE MINISTER OF SACRED ORDINATION 193
office, but once they have been granted they do not expire with
the loss of office by the grantor. (Canon 963.)
807. In reference to the ordination of religious the fol
lowing rules are to be observed :
1. the regular abbot in charge of a monastery, even with
out a territory nullius, can confer first tonsure and minor or
ders, provided the candidate is his subject by virtue of at least
simple profession, and that the abbot is a priest, and has legiti
mately received the abbatial blessing. Otherwise the ordination
given by the abbot is null and void, unless he is a consecrated
bishop. All privileges to the contrary are revoked by the Code;
2. the exempt religious cannot be lawfully ordained by any
bishop without the dimissorials of their proper major superior;
3. the superiors can give simple professed religious, to
whom Canon 574 refers, dimissorial letters for first tonsure and
minor orders only;
4. the ordination of members of any other religious or
ganizations is regulated by the law for seculars, and every priv
ilege is revoked by which the superiors could give to the tem
porary professed religious dimissorials for major orders. (Canon
964.)
808. The bishop to whom the religious superior must send
the dimissorial letters is the bishop of the diocese in which is
situated the house where the candidate for ordination lives as a
member of that community. (Canon 965.)
809. The religious superior can send dimissorial letters
to another bishop in the following cases; if the bishop of the
diocese gives permission, if the bishop should be of a dif
ferent Rite from that of the religious, if he is absent, if he will
not have ordinations on the next ordination days (cf. Canon
1006, § 2), or, finally, if the diocese is vacant and the person
in charge has no episcopal consecration.
In each of these cases, however, the ordaining bishop must
have an authentic statement from the episcopal Curia concern
ing the reason why the religious may be sent outside the diocese
for ordination. (Canon 966.)
810. Religious superiors are forbidden to send their can
didates for ordination to another house of the Order, thus de
frauding the bishop of the diocese of his right, or to delay the
194 THE NEW CANON LAW
ordination intentionally to such a time when the bishop will be
absent or have no ordinations. (Canon 967.)
CHAPTER II.
The Subject of Sacred Ordination.
811. A baptized man only can validly receive orders. For
the licit reception the candidate must by the judgment of his own
Ordinary have the qualifications required by the sacred Canons,
and must not be under irregularity or any other impediment.
Those who suffer from irregularity or any other impedi
ment, although it arose after the ordination and without their
fault, are forbidden to exercise the orders they have received.
(Canon 968.)
812. No secular shall be ordained, unless his own bishop
judges him necessary or useful for the churches of the diocese.
The bishop, however, is not forbidden to ordain his sub
jects for the future service in another diocese, excardination and
incardination having been legitimately made. ( Canon 969. )
813. The proper bishop and the major religious superior
can forbid his clerics for any canonical reason, even occult ones,
and without canonical trial, to receive higher orders. The cleric
may have recourse to the Holy See, or also, in the case of a
religious, to the Superior General. (Canon 970.)
814. It is unlawful to force any one in any way, or for
any reason, to embrace the clerical state, or to keep a properly
qualified person from that state. (Canon 971.)
815. Care should be taken to receive the aspirants to sacred
orders into the seminary from tender age. All candidates must
stay in the seminary at least for the entire course of theology,
unless the Ordinary in particular cases dispenses from this rule
for serious reasons.
Those candidates for orders who, with the permission of
the bishop live outside the seminary, are to be given into the care
of a responsible priest who shall watch over them and instruct
them in the virtues. (Canon 972.)
Article I. Requisites for Candidates of Ordination.
816. First tonsure and minor orders are to be given to
those only who intend to ascend to the priesthood, and of whom
one can reasonably expect that they will be worthy priests.
THE SUBJECT OF SACRED ORDINATION 195
The cleric who has received some of the orders, and re
fuses to receive higher ones cannot be forced to it by the bishop,
who neither can forbid him the exercise of the orders he has re
ceived, unless he is under a canonical impediment, or there is,
according to the bishop's judgment, another serious reason.
The bishop should not confer major orders on any candi
date unless he is certain from positive reasons that the candi
date is canonically fit; otherwise the bishop does not only sin
gravely, but also exposes himself to the danger of cooperating
in the sins of another. (Canon 973.)
817. In order that a candidate may be licitly ordained, the
following is required :
1. previous reception of Confirmation;
2. good moral character concordant with the order to be
received ;
3. the canonical age;
4. requisite knowledge;
5. reception of inferior orders;
6. observance of the intervals between orders;
7. canonical title, if there is question of major orders.
In the consecration of a bishop Canon 331 is to be observed.
(Canon 974.)
818. Subdeaconship is not to be given before the com
pleted twenty-first year of age; deaconship not before the com
pleted twenty-second; priesthood not before the completed
twenty-fourth year of age. (Canon 975.)
819. Neither seculars nor religious are to receive first ton
sure before they commence the theological course.
Provided the candidate has the required age, subdeaconship
is not to be given until the end of the third year of the theological
course; deaconship after the commencement of the fourth year;
priesthood not until the beginning of the second semester of the
fourth year.
By special concession of the Holy See to the Church in the
United States the course of theology has for the time of the war
been shortened to three years. The raising of immense armies
in which there is a great percentage of Catholic men, has necessi
tated the appointment of hundreds of chaplains to attend to the
spiritual needs of the men. The time for the major orders will
have to be arranged accordingly.
The theological course must not have been made privately,
196 THE NEW CANON LAW,
but in proper theological schools, according to the plan of studies
prescribed by Canon 1365. (Canon 976.)
820. The orders must be given in proper succession, so that
the skipping of any is absolutely forbidden. (Canon 977.)
821. In the ordinations the intervals of time between or
ders is to be observed, during which the clerics shall, according
to the bishop's regulations, exercise the orders received.
The interval between the first tonsure and the first minor
order, as well as the intervals between the individual minor or
ders are left to the judgment of the bishop. Between the last
minor order and subdeaconship there must be one year's interval,
between subdeaconship and deaconship at least three months,
unless the necessity or utility of the diocese, according to the
bishop's judgment, demand otherwise.
Without special permission of the Roman Pontiff, minor
orders and subdeaconship, or two major orders, cannot be given
on one and the same day ; all contrary custom is condemned. It
is not even permitted to confer the tonsure and a minor order,
or all minor orders on the same day. (Canon 978.)
822. For the secular clergy the canonical title is the title
of benefice, or in default of a benefice, the patrimony or pension.
The title by which one is ordained must be really certain
for the whole life of the cleric, and truly sufficient for his
proper maintenance, according to the rules to be laid down by
the Ordinaries for the various dioceses, and the conditions of
time and circumstances. (Canon 979.)
823. If the cleric in major orders should happen to lose
his title, he must provide for himself another, unless his bishop
judges that his proper maintenance is provided for in another
way.
The persons, who, without an Apostolic indult have know
ingly ordained, or allowed to be ordained to major orders a sub
ject without a canonical title, must assume obligation for them
selves and for their successors, to furnish the needy cleric with
proper sustenance, until other provision is made for his suitable
maintenance.
If the bishop ordained a candidate without a canonical title
under an agreement that the one ordained shall not ask him for
maintenance, such agreement is null and void. (Canon 980.)
824. If there is none of the titles of ordination, spoken of
IRREGULARITIES AND IMPEDIMENTS 197
in Canon 979, § 1, it may be supplied by the title of "service of
the diocese/' and in places subject to the Propaganda the
candidates may be ordained by the title of the mission, in
which case, however, the candidate must promise under oath
to serve the diocese or the mission forever, under the author
ity of the local Ordinary.
The Ordinary must give to the priest, who was promoted to
major orders under the title of the service of the diocese or the
mission, a benefice or office or support sufficient for his suitable
maintenance. (Canon 981.)
825. For regulars the canonical title is the solemn religious
profession, which is called the title of poverty.
For religious with perpetual simple vows, the title of mensa
communis, or congregations, or a similar one, according to their
constitutions.
All other religious are, also in reference to the title, gov
erned by the law for seculars. (Canon 982.)
Article II. Irregularities and Other Impediments.
826. No perpetual impediment, called in law irregularity,
whether ex defectu or ex delicto, is contracted unless it is ex
pressly contained in the following Canons. (Canon 983.)
827. The following persons are irregular ex defectu:
1. illegitimates, both of public and occult illegitimacy, un
less they have been legitimized or have made solemn profession.
Canon 1116 explains in which cases illegitimate children are
legitimized by subsequent marriage;
2. bodily defective men who, on account of debility can
not safely, or for reason of deformity with due dignity, engage
in the sacred ministry of the altar. To impede the exercise of
lawfully received orders, a greater defect is required, and actions
that can be properly performed are not forbidden by a superven
ing defect;
3. epileptics, insane, possessed by the devil, who are or
have been thus afflicted. If after reception of orders they be
came thus afflicted, but later on the malady beyond doubt dis
appeared, the Ordinary may again allow his subjects the exer
cise of the orders they received ;
4. bigamists, by which the law understands men who con
tracted successively two or more valid marriages. This explana-
198 THE NEW CANON LAW
tion the Code gives of bigamy settles questions of irregularity
arising from the bigamia inter preiaiiva, or any other;
5. persons who have incurred by law the loss of good repu
tation ;
6. a judge who has pronounced the sentence of death
against some individual brought to trial. This irregularity is
known under the name of defectus lenitatis in former commen
taries of law;
7. persons who held the office of executioner, and those
who, of their own accord, undertook the office of immediate as
sistants in the execution of a death sentence. Policemen and
others, that might be ordered to assist at and help in the execu
tion of a criminal, are not voluntary assistants. (Canon 984.)
It may be noted that the Code makes no mention of the former
irregularity or defect arising from voluntary service in a just
offensive war for all who killed or mutilated another in that
war.
828. The following persons are irregular by crime (ex
delict o) :
1. apostates from the faith, heretics, schismatics;
2. men, who, outside the case of extreme necessity, al
lowed themselves in any way to be baptized by non-Catholics;
3. married men, clerics in major orders, religious with
solemn or simple perpetual or temporary vows, who attempt mar
riage or go through the civil formalities of marriage, and men
who attempt marriage with a validly married woman, or with
a sister bound by either perpetual or temporary vows ;
4. voluntary murderers, and those who procure abortion,
if effective, and all cooperators. (The common teaching of
canonists held that all soldiers who took part in an unjust war
and either killed or personally cooperated in the killing of
others were irregular. The Code speaks only of voluntary mur
derers. In a war which is known to be unjust those who volun
teer for service and are instrumental in killing others are fall
ing under the term of "voluntary murderers," while those who
are forced to take part in such a war could not be called volun
tary participants) ;
5. men who mutilated themselves or others, and those who
attempted suicide;
6. clerics practicing medicine or surgery forbidden to
them, if thereby the death of a person is caused;
IRREGULARITIES AND IMPEDIMENTS 199
7. men who usurp the exercise of an act of orders re
served to clerics in sacred orders, and also clerics in sacred or
ders who exercise such an act of major orders after they have
been forbidden to do so by canonical penalty, either personal or
local, corrective or punitive. (Canon 985.)
829. These crimes do not bring on irregularity unless they
are mortal sins, committed after Baptism, or in Baptism as men
tioned in Canon 985, § 1, and external acts, either public or
occult. (Canon 986.)
830. Simply forbidden to be ordained are the following:
1. the sons of non-Catholics, as long as their parents per
severe in their error ;
2. married men for the time of their marriage;
3. officials and administrators having an office forbidden
to clerics, until they have resigned their office and settled all re
sponsibility arising from such office or employment ;
4. slaves, properly so called, before they have obtained
their liberty;
5. men bound to the ordinary military service by the civil
law may not be ordained until they have served their term ;
6. neophytes, until they are according to the judgment of
the bishop sufficiently tried in their faith;
7. those who are in ill repute on account of some public
crime, until they have according to the bishop's judgment re
gained their good reputation. (Canon 987.)
831. Ignorance of the irregularities both ex delict o and
ex defectu and of the impediments is not admitted as an excuse.
(Canon 988.)
832. The irregularities and impediments are multiplied by
the multiplication of the causes of irregularities or impediments,
but the repetition of the same cause does not multiply the irregu
larity except in the case of deliberate homicide. (Canon 989.)
833. The Ordinaries are allowed to dispense their subjects,
or delegate others to dispense, from all irregularities incurred by
secret crime except deliberate homicide and effective procuration
of abortion, and other crimes brought before court.
The confessor also has this faculty in more urgent occult
cases, in which the Ordinary cannot be asked, and there is im
minent danger of great harm or of infamy, which faculty can
200 THE NEW CANON LAWt
be made use of only for the purpose that the penitent may licitly
exercise the orders he has already received. (Canon 990.)
834. In the petition for dispensation from irregularities
and impediments, all irregularities and impediments must be spe
cified, otherwise a general dispensation will be valid for irregu
larities concealed in good faith, except voluntary homicide and
effective abortion, but it will not be valid for those concealed
in bad faith.
If there is question of voluntary homicide, the number of
crimes must be mentioned under pain of invalidity of the dis
pensation.
A dispensation from irregularities to receive orders is gen
erally valid also for major orders, and the one dispensed can
obtain non-consistorial benefices, even those to which the care
of souls is attached, but he cannot be made a Cardinal, bishop,
abbot or prelate nullhts, nor major superior in clerical exempt
Orders.
A dispensation from irregularities given in the internal,
extra-sacramental forum must be given in writing, and note
must be made of it in the secret records of the Curia of the re
spective Ordinary. (Canon 991.)
CHAPTER III.
Requisites Prior to the Ordination.
835. All candidates, both secular and regular, must in due
time manifest their intention to receive orders to the bishop,
or to others, who, in this matter take the place of the bishop.
(Canon 992.)
836. The seculars, and those religious who, in the matter
of ordination are held to the laws for seculars (cf. Canon 964),
must:
1. have the certificate of their last ordination, or if they
are to receive first tonsure, the baptismal and Confirmation cer
tificates ;
2. the certificate of studies required for the various orders,
according to Canon 976;
3. the testimonials of the rector of the seminary, or of the
priest in charge of those who do not board in the seminary, to
testify to their good moral standing;
4. the testimonials of every Ordinary in whose diocese the
REQUISITES PRIOR TO THE ORDINATION 201
candidate has stayed for such a length of time that he could
contract a canonical impediment (cf. Canon 994) ;
5. the testimonials of the major superior, if the candidate
is a religious. (Canon 993.)
837. The time in which a candidate may have contracted
a canonical impediment, means a period of three months for
soldiers, six months for others after their fourteenth year of
age. The bishop can, however, demand testimonials also for a
shorter period and for the time prior to the age of puberty.
If the bishop in whose diocese a candidate has lived for a
while, cannot ascertain anything definite about the behavior of
the young man in question, so that he cannot testify that he did
not incur a canonical impediment, or if the candidate has been
living for a short time in so many dioceses that it would be either
impossible or at least very difficult to obtain all the testimonials,
the ordaining bishop shall demand of the candidate a so-called
supplementary oath to prove that he is free from irregularity.
If, after the testimonials were obtained and before ordina
tion took place, the candidate did again live in the territory of
the bishop who issued the testimonials, new testimonials are nec
essary if the stay extended for three or six months, as the case
may be. (Canon 994.)
838. The religious superior must attest in his dimissorial
letters not only that the candidate for orders has made profes
sion and is a member of the community in the diocese, but also
concerning the requisite studies and other requirements of law.
The bishop who has received these dimissorial letters does
not need any other testimonial letters. ( Canon 995. )
839. Every candidate, whether secular or religious, must
before ordination undergo an examination concerning the order
which he is to receive.
Those to be promoted to major orders shall have to take an
examination also in other tracts of sacred theology.
The bishop has the right to determine the method of exam
ination and the subject-matter in which candidates are to be ex
amined. (Canon 996.)
840. This examination of both, secular and religious can
didates, is to be made before the bishop of the diocese who has
by law the right to ordain, or who gives dimissorials to his sub
jects; he may also for a good reason leave it to the ordaining
bishop, if the latter is willing to attend to this matter.
202 THE NEW CANON LAW
The bishop who ordains the subjects of another, whether
secular or religious, with the dimissorial letters of their superiors
in which they testify that the candidates have successfully passed
the examination demanded by the first paragraph of this Canon,
may accept this statement, but he is not obliged to do so; if he
conscientiously believes that a certain candidate is not qualified
he should not promote him. (Canon 997.)
841. The names of the candidates for major orders, with
the exception of religious in solemn or perpetual simple vows,
should be announced in the parishes to which the candidates be
long. The bishop may for good reasons dispense with the pub
lication, or may demand that it be published also in other
churches, or that in place of an announcement the names be
posted at the door of the church and left there for several days,
including at least one Sunday or holiday of obligation.
The publication is to be made on a Sunday or holiday of
obligation in the parochial Mass, or on another occasion when
there is a large gathering of people in church.
If the ordination has not taken place within six months
after the publication, it must be repeated unless the Ordinary
dispenses. ( Canon 998. )
842. All the faithful are obliged in conscience to make
known to the bishop or the pastor any impediment they may
know of concerning the candidates. (Canon 999.)
843. The Ordinary may demand of the pastor who has to
make the publication, or of any other priest, to make a careful
investigation concerning the character of the candidate, and to
send the statement to the episcopal Curia.
The Ordinary should not fail to make private investiga
tion, if he judge this necessary or advisable. (Canon 1000.)
844. The candidates for first tonsure and for minor orders
shall make at least three full days of retreat, candidates for
major orders at least six days. If within six months a candi
date receives several major orders, the bishop can reduce tfte
days of retreat for deaconship to not less than three full days.
If after the end of the retreat ordination is delayed for any
reason for more than six months, the retreat must be made over
again; in shorter delays the Ordinary shall decide whether it
should be repeated.
This retreat is to be made by the religious in their own house
TIME AND PLACE OF ORDINATION 203
or in another, according to the superior's judgment; the seculars
shall make it in the seminary, or another place appointed by the
bishop.
The bishop is to receive a statement from the superior of
the house of retreat that the candidates have duly made the exer
cises, and in the case of religious their own major superior shall
make the statement. ( Canon 1 00 1 . )
CHAPTER IV.
The Rites and Ceremonies of Ordination.
845. In conferring any of the orders the bishop must faith
fully follow the order of ceremonies laid down in the Roman
Pontifical and other approved liturgical books. (Canon 1002.)
846. The Mass of ordination and of consecration of a
bishop must always be said by the ordaining or consecrating
bishop. (Canon 1003.)
847. If a cleric has received some orders in an Oriental
Rite, and afterwards obtains an indult of the Holy See to re
ceive further orders in the Latin Rite, he must first receive those
orders of the Latin Rite which are not given in the Oriental
Rite. (Canon 1004.)
848. All those who are promoted -to major orders are
obliged to receive holy Communion in the Mass of ordination.
(Canon 1005.)
CHAPTER V.
Time and Place of Ordination.
849. Episcopal consecration must be given in Holy Mass
on a Sunday or a feast of the Apostles.
Major orders must be given in Holy Mass on the Ember
Saturdays, Saturday before Passion Sunday, or Holy Saturday.
For grave reasons the bishop may give major orders on any
Sunday or holiday of obligation.
First Tonsure can be given any day and hour ; minor orders
on all Sundays and feasts of the rank of doubles, but only in
the forenoon.
Customs to ordain at other times than specified in this Canon
are disapproved and abolished. These times must be observed
also by a bishop of the Latin Rite who, by Apostolic indult, or
dains a cleric of an Oriental Rite, and vice versa. (Canon 1006.)
204 THE NEW CANON LAW
850. Whenever an ordination has to be repeated, or some
ceremonies are to be supplied, whether absolutely or condi
tionally, it can be done also outside the prescribed ordination
days and in secret. (Canon 1007.)
851. A bishop cannot, outside his own diocese, without
permission of the local Ordinary, give those orders which require
the use of the mitre and crozier. The Cardinals have the priv
ilege of performing pontifical functions in any diocese, and need
but notify the local Ordinary, if they wish to pontificate in the
Cathedral, as Canon 239, § 1, n. 15, decrees. (Canon 1008.)
852. The general ordinations should be held publicly in
the cathedral church, in the presence of the cathedral Chapter;
if they are held in another place of the diocese, the more promi
nent church should be selected, and the clergy of the place should
be present.
The bishop is not forbidden, when occasion demands, to
have special ordinations in other churches, or in the chapel of
the episcopal residence, in the seminary, or in a religious house.
The first tonsure and the minor orders may be conferred
also in private oratories. (Canon 1009.)
CHAPTER VI.
Record and Testimonial of Ordination.
853. After ordination the names of those ordained, of the
minister of ordination, also place and date, shall be recorded
in a book specially set apart for that purpose in the episcopal
Curia, and all the documents required in the various ordinations
shall be preserved.
To each of the ordained clerics an authentic certificate of
the orders received shall be given, which, if they were ordained
by a strange bishop with dimissorials from their own, they shall
show to their Ordinary so that record of the ordination be made
in the episcopal Curia. (Canon 1010.)
854. The Ordinary in the case of seculars, the major su
perior in the case of religious, ordained with his dimissorials,
shall send notice to the pastors where those have been baptized
who were ordained subdeacons, that the ordination may be en
tered in the baptismal record as Canon 470, § 2, demands.
(Canon 1011.)
THE SACRAMENT OF MARRIAGE 205
TITLE VII.
The Sacrament of Marriage.
855. Christ the Lord himself raised the matrimonial con
tract among baptized people to the dignity of a Sacrament.
Wherefore, among baptized people there can be no valid
marriage contract unless it is at the same time a Sacrament.
(Canon 1012.)
856. The primary object of marriage is the procreation
and education of offspring; the secondary purpose is mutual as
sistance and the remedy of concupiscence.
The essential qualities of marriage are unity and indissolu-
bility, which in the Christian marriage receives their peculiar
firmness by reason of the Sacrament. (Canon 1013.)
857. Marriage is favored in law, wherefore in a doubt the
law insists on the validity of marriage until the contrary is
proved. The exception to this rule in reference to the Pauline
privilege will be seen in Canon 1127. (Canon 1014.)
858. The valid marriage of baptized people is called matri-
monium ratiim before its completion by the conjugal intercourse;
and ratiim et consummatum, if conjugal intercourse to which
marriage of its nature tends has taken place, and by which the
married become one flesh.
If after the conclusion of the marriage contract the parties
have lived together, consummation of the marriage is presumed
in law until the contrary is proved.
Valid marriage of unbaptized parties is called matrimonium
legitimum.
Invalid marriage is called matrimonium putativum, if it was
contracted in good faith by at least one of the parties, until such
time that both parties become certain of the invalidity of their
marriage. (Canon 1015.)
859. The marriage of baptized persons is regulated not
only by the Divine law, but also by Canon Law, saving the com
petency of the civil power over the merely civil consequences of
the marriage contract. (Canon 1016.)
860. The promise of marriage, whether one-sided, or bi
lateral, is null and void in either form unless it is made in writing
and signed by the parties and either the pastor, or the local Ordi
nary, or at least two witnesses.
206 THE NEW CANON LAW
If either one or both parties do not know how to write, or
cannot write, as for instance, in accidents that injured the hand,
etc., it is required for the validity of the engagement contract
to note in the document the inability to write, and to employ an
extra witness who shall sign the paper in addition to the persons
mentioned in the preceding paragraph.
The engagement to marry, though it be valid, and there be
no just cause to shrink from its fulfilment, does not in law ad
mit of action in the ecclesiastical court to force the other party
to marriage. Action for possible injury done by the unjust
breaking of the engagement is admitted in the ecclesiastical court.
(Canon 1017.)
861. The pastor should not omit to prudently teach the
people what they ought to know about marriage and its impedi
ments. (Canon 1018.)
CHAPTER I.
Requisites before Marriage and specially the Banns.
862. Before marriage is contracted it must be certain that
there are no obstacles to its valid and licit celebration.
In danger of death, if other proofs are not available, and
there are no indications to the contrary, the sworn affirmation
of the parties that they are baptized, and that there is no impedi
ment to their marriage, suffices. (Canon 1019.)
863. The pastor whom the law entitles to assist at the
marriage shall in good time inquire whether there is any impedi
ment to the marriage.
He should ask separately both the man and the woman
whether they are under any impediment, whether they freely
consent to the marriage, especially the woman, and whether they
are sufficiently instructed in Christian doctrine, unless he knows
otherwise that they are well instructed in their religion.
The bishop of the diocese has the right to prescribe special
regulations for this examination of parties before their marriage.
(Canon 1020.)
864. Unless the parties were baptized in his own parish,
the pastor must get the baptismal certificate of the parties, or of
the Catholic party only in the case of a Catholic and an unbap-
THE BANNS OF MARRIAGE 207
tized party to be married with the dispensation from disparity
of cult.
Catholics who have not yet received Confirmation should
first receive that Sacrament, if they can do so without great in
convenience. (Canon 1021.)
865. The pastor should announce publicly the parties to
be married. (Canon 1022.)
866. The banns of marriage are to be announced by the
proper pastor of the parties.
If a party has lived in some other place for six months after
the age of puberty, the pastor should refer the matter to the
bishop, who may either have the banns announced in that place,
or otherwise order investigations made concerning the free state
of the party.
If there is any suspicion of some impediment, the pastor
should refer the matter to the bishop even though the party has
been living less than six months in another place, and the Ordi
nary should not permit the marriage until all suspicion is re
moved by thorough investigation. (Canon 1023.)
867. The publication of the banns is to be made in church
on three successive Sunday or holidays of obligation, during the
Mass or at other services that are largely attended. (Canon
1024.)
868. The Ordinary may also substitute in his diocese an
other form of publishing the banns, by posting the names of the
parties at the church doors and leaving them there for at least
eight days, during which there must be two Sundays or holidays
of obligation. (Canon 1025.)
869. Publication of the banns should be omitted in mar
riages contracted with dispensation from either disparity of cult
or mixed religion, unless the Ordinary judges that it should be
permitted. This permission, however, can be given only when
there is no scandal, and after Apostolic dispensation from the
impediment has been obtained, and no reference is to be made to
the religion of the non-Catholic. (Canon 1026.)
870. All the faithful are obliged in conscience to manifest
either to the pastor or to the bishop any impediment they may
know concerning the marriage of the parties that are announced,
(Canon 1027.)
871. The proper bishop of the contracting parties can for
208 THE NEW CANON LAW
legitimate reasons dispense from the publication of the banns, not
only in his own diocese, but also in the diocese where the parties
formerly lived.
If the parties belong to two different dioceses, the bishop
in whose diocese the marriage is to take place has the right to
dispense. If the marriage is to be contracted outside either of
the two dioceses, either bishop is competent to dispense. (Canon
1028.)
872. If another pastor examined the parties and announced
the banns, he should inform the pastor who is to assist at the mar
riage concerning these affairs. (Canon 1029.)
873. After the examination of tke parties and the procla
mation of the banns the pastor should not assist at the marriage
unless he has received whatever papers may be necessary, and
wait three days after the last calling out of the banns, unless there
is good reason to dispense with this rule.
If marriage was delayed for six months after the announce
ment of the banns, they must be repeated, unless the Ordinary de
cides otherwise. (Canon 1030.)
874. § 1. The following rules are to be observed when
doubt arises as to some impediment :
1. the pastor shall investigate the matter more accurately,
and ask at least two trustworthy witnesses to make statement
under oath, provided there is not question of an impediment
that would bring disgrace upon the parties, and if necessary he
may also put the parties under oath to make statement concern
ing the doubtful impediment;
2. he should continue or finish the announcing of the banns,
if the doubt arose before the banns were published or during
the time of their publication;
3. he should not assist at the marriage without consulting
the bishop, if the doubt still continues.
§ 2. When an impediment has been discovered with cer
tainty :
1. if the impediment is secret, the pastor should continue
the publication of the banns and refer the matter to the bishop or
to the Sacred Penitentiary, not giving the names of the parties;
2. if the impediment is public and is discovered before the
publication of the banns has been made, the pastor shall not an
nounce the banns until the impediment is removed, though he may
IMPEDIMENTS IN GENERAL 209
know that a dispensation was obtained, but only for the internal
forum. If the impediment is detected after the first or second
publication of the banns, the pastor should finish the publication
and refer the matter to the bishop.
§ 3. If there is neither a certain nor doubtful impediment,
the pastor should admit the parties to the marriage contract
when the publication of the banns is finished. (Canon 1031.)
875. The pastor shall not assist at the marriage of vagi,
(Canon 91, explains who are called vagi in law) except in a
case of necessity, without referring the matter to the Ordinary
or a priest delegated by him for that purpose, and obtaining per
mission to assist at such marriages. (Canon 1032.)
876. The pastor shall not neglect to teach the parties to
be married the sanctity of the Sacrament of Marriage, the mu
tual obligations of married people and the duty of parents to
ward the offspring. He shall also admonish them to make a
good confession and receive holy Communion before marriage.
(Canon 1033.)
877. The pastor shall earnestly warn young people not to
contract marriage against reasonable objections of their parents.
If they nevertheless persist, against the lawful objection of their
parents, the pastor shall not marry them, but refer the matter
to the bishop, (Canon 1034.)
CHAPTER II.
Impediments in General.
878. All persons may contract marriage unless forbidden
by law. (Canon 1035.)
879. An impedient impediment contains a grave prohibi
tion to contract marriage, but it does not invalidate a marriage
contracted with such an impediment.
A diriment impediment does not only forbid the marriage,
but makes its celebration null and void.
Though the impediment may be on the part of only one of
the parties, marriage is nevertheless either illicit, or invalid, for
both. (Canon 1036.)
880. An impediment is considered public in law when it
can be proved in the external forum; otherwise it is occult.
(Canon 1037.)
210 THE NEW CANON LAW
881. The supreme authority of the Church alone has the
right to authentically declare in what cases the Divine law for
bids or annuls a marriage.
The same supreme authority has the exclusive right to con
stitute for the baptized people other impedient and diriment im
pediments of marriage, either by universal or particular law.
(Canon 1038.)
882. The bishops can forbid any one actually staying in
their diocese, and their subjects also while they are outside the
diocese, to marry, if there is some special reason, and for the time
that the reason lasts.
The Holy See alone can attach to its prohibition the pain of
invalidity. (Canon 1039.)
883. The Roman Pontiff alone can abolish or modify the
impedient or diriment impediments of marriage in the legislation
of the Church, and no one else can dispense in these laws except
in as far as is conceded to him either in the common law or by
special indult of the Holy See. (Canon 1040.)
884. Custom introducing a new impediment of marriage
or tending to change the existing impediments is disapproved by
the Code. (Canon 1041.)
885. There are impediments of major and of minor degree.
Impediments of minor degree are the following :
1. consanguinity in the third degree of the collateral line;
2. affinity in the second degree of the collateral line;
3. public honesty, in the second degree;
4. spiritual relationship;
5. the impediment of crime, arising from adultery with
promise of marriage, or attempted civil marriage.
All other impediments are of major degree. (Canon 1042.)
886. In urgent danger of death the Ordinaries can, for the
sake of conscience and for the purpose of legitimizing offspring,
dispense from the form of the contract as well as from any and
all impediments of ecclesiastical law, public and occult as well
as multiple, with the exception of impediments arising from the
sacred priesthood and from the affinity in the direct line arising
from consummated marriage. This dispensation they can apply
to their subjects wherever these are at the time, and to all who
actually are in the territory of their diocese; scandal must, of
course, be removed and in case the dispensation is granted for
IMPEDIMENTS IN GENERAL 211
disparity of cult, or mixed religion, the prescribed promises must
be made. (Canon 1043.)
887. In the same circumstances as mentioned in the pre
ceding Canon, and only when danger is so urgent that there is
no time to approach the Ordinary, the pastor or priest who as
sists at the marriage, in accordance with Canon 1098, n. 2, and
also the confessor, but the latter only for the internal forum and
in sacramental confession, have the same faculties as those given
to the bishops in the foregoing Canon. (Canon 1044.)
888. The Ordinaries can, under the conditions stated at
the end of Canon 1043, if the impediment is discovered only after
everything has been prepared for the marriage and the ceremony
cannot be delayed until dispensation from the Holy See can be
obtained without probable danger of great evil, grant dispensa
tion from all the impediments mentioned in Canon 1043.
This faculty holds good also for the convalidation of a mar
riage already contracted, if delay is dangerous and there is not
sufficient time to recur to the Holy See.
In the same circumstances all priests mentioned in Canon
1044 have the same faculties in occult cases and in emergencies
when there is no time to recur to the bishop, or only with danger
of violating the seal of confession. (Canon 1045.)
889. The pastor or priest spoken of in Canon 1044 who
has granted a dispensation for the external forum shall at once
inform the Ordinary of this fact and the dispensation shall be
noted in the marriage record of the parish to which the parties
belong. (Canon 1046.)
890. Unless the rescript of the Sacred Penitentiary con
tains other directions, it shall be the rule that dispensations
granted by this tribunal for the internal, extra-sacramental,
forum are to be recorded in the secret archives of the episcopal
Curia, and there is no need of another dispensation if afterwards
the impediment becomes public ; if the dispensation was granted
for the internal sacramental forum only, a new dispensation
would be required should the impediment become public. (Canon
1047.)
891. If the petition for a dispensation has been sent to the
Holy See, the Ordinaries should not in that case make use of
their faculties, except for a serious and urgent reason, in such
212 THE NEW CANON LAW
case reporting to the Holy See what they have done in the emer
gency. (Canon 1048.)
892. In marriages, whether contracted or to be contracted,
he who has a general indult of dispensing from some certain
impediment, can dispense from it even though the same impedi
ment is multiple, unless it is stated differently in the indult.
He who has a general indult to dispense from several im
pediments of various species, either diriment or impedient, can
dispense from these impediments though they be public and oc
cur in one and the same case. (Canon 1049.)
893. If he who has a general indult to dispense from
several public impediments meets with a case where there is
also another impediment from which he cannot dispense, he must
ask the Holy See for dispensation from all impediments in the
case. If, however, the impediment or impediments from which
he can dispense are found out only after dispensation has been
obtained from the Holy See, he may make use of his faculties.
(Canon 1050.)
894. By a dispensation from an impediment, granted
either by ordinary power, or by delegation in the form of a gen
eral indult, the legitimation of the offspring, if the offspring is
already born or conceived, is ipso facto granted, with the excep
tion of adulterous or sacrilegious offspring. If dispensation is
granted by rescript in particular cases, the legitimation is not
given ipso facto, but must be specially asked for and obtained.
One and the same rescript may, however, contain both the dis
pensation and the legitimation of offspring. (Canon 1051.)
895. The dispensation from the impediment of consan
guinity and affinity given for some degree is valid although in
the petition or in the concession there is an error concerning the
degree, provided the degree that actually exists is inferior, or the
impediment which was concealed is of the same species and of
equal or inferior degree. (Canon 1052.)
896. The dispensation given by the Holy See from the
matrimonium ratum non consummatum, or the permission to
marry again on account of the presumed death of the first part
ner, always includes the dispensation from the impediment of
crime committed by adultery, and the promise of, or attempt at,
marriage, if there is need of such a dispensation, but the impedi
ment of crime incurred by adultery and the killing of the partner
IMPEDIMENTS IN GENERAL 213
by one of the adulterers, or by mutual cooperation of both, is not
ipso facto included in the above dispensation, but must be spe
cially obtained. (Canon 1053.)
897. The dispensation from an impediment of lesser de
gree (cf. Canon 1042) is not invalidated by positive lie or by
concealing the truth, even though the only motive reason ad
vanced in the petition be false. (Canon 1054.)
898. Dispensations from public impediments committed by
the Holy See to the Ordinary of the petitioners shall be executed
by the Ordinary who gave letters of recommendation to the peti
tioner of the dispensation, or who forwarded the petition to the
Holy See, though by the time the dispensation arrives they have
left the former diocese in which they had a domicile or quasi-
domicile with the intention not to return; the Ordinary of the
place, however, where they are to contract the marriage is to be
advised of the dispensation which was granted by the Holy See.
(Canon 1055.)
899. With the exception of a small charge for the neces
sary expenses of the chancery office for dispensations of those
who are not poor, the bishop of the diocese and his officials are
not permitted to demand any fee on occasion of granting a dis
pensation, unless the Holy See shall have explicitly given them
this right; if they nevertheless exact any fee, they are held to
restitution. All customs contrary to this rule are disapproved
by the Code. (Canon 1056.)
900. The person who grants a dispensation in virtue of
delegated powers received from the Holy See, must make ex
plicit mention of the papal indult in granting the dispensation.
(Canon 1057.)
It may be noted in connection with the question of dis
pensation from impediments of marriage that a recent decree
of the Consistorial Congregation, April 25, 1918, has revoked
the special faculties which the bishops used to get for three, five,
or ten years. Several of these faculties referred to dispensation
from marriage impediments. The Code, in Canons 1043-1045,
gives the bishop the necessary faculties in urgent cases, and the
mentioned decree grants to the bishops in America, the Philip
pine Islands, East Indies, Africa beyond the places along the
Mediterranean Sea, and Russia, for five years, beginning with
May 18, 1918, faculty to dispense from the impediments of
214 THE NEW CANON LAW
lesser degree mentioned in Canon 1042, and the sanatio In radice
for marriages contracted invalidly on account of these impedi
ments. The party who knows of the invalidity of the marriage
is to be informed of the effects of the sanatio. Furthermore, the
same Ordinaries receive faculty for five years to dispense from
the impediments of major degree induced by Canon Law, either
public or occult, and also multiple, with the exception of the
priesthood and the affinity in the direct line after the consumma
tion of marriage, and also from the impedient impediment of
mixed religion, if after the petition for dispensation has been
sent to the Holy See an urgent reason comes up making it neces
sary to grant the dispensation at once. (Acta Apost. Sedis, vol.
X. pag, 190.)
CHAPTER III.
Impedient Impediments.
901. Marriage is forbidden to those who have made the
simple vozv of virginity, of perfect chastity, not to marry, to re
ceive major orders, or, to embrace religious life.
No simple vow invalidates marriage, unless invalidity has
been attached to it by the Holy See for some Order, congrega
tion, etc. (Canon 1058.)
902. In those countries where by the civil law marriage
is forbidden on account of legal adoption, marriage is also by
Canon Law illicit. (Canon 1059.)
903. The Church forbids most severely and in all coun
tries marriage between a Catholic and an heretic, or schismatic.
If there is danger of perversion for the Catholic party and the
offspring, such marriage is also forbidden by the Divine law.
(Canon 1060.)
904. The Church does not dispense from the impediment
of mixed religion unless :
1. there are good and serious reasons;
2. the non-Catholic party promises to remove all danger
of perversion of the Catholic party, and both parties promise
that all their children shall be baptized and brought up as
Catholics ;
3. there is moral certainty that the promises will be kept.
The promises are, as a rule, to be made in writing. (Canon 1061.)
IMPEDIENT IMPEDIMENTS 215
905. The Catholic party has the obligation to prudently
work for the conversion of the non-Catholic. (Canon 1062.)
906. When the Church has given the dispensation from
the impediment of mixed religion, the parties are not allowed,
either before or after the Catholic wedding, to approach either
in person or through proxies a non-Catholic minister as such, to
give or renew the consent in the Protestant Rite.
If the pastor knows that the parties will certainly violate
or have already violated this law, he shall not assist at their mar
riage, except for very serious reasons, and only after scandal
has been removed, and the Ordinary has been consulted.
The Church does not censure parties who are forced by
civil law to appear before a non-Catholic minister, who acts as
an official of the government, but their intention must be to
merely comply with the requirements of law and to gain the
civil recognition of their marriage. (Canon 1063.)
907. Bishops and other pastors of souls shall :
1. deter the faithful as much as they can from mixed
marriages ;
2. if they cannot prevent them altogether they should by
all means see to it that they are not contracted against the laws
of God and of the Church;
3. watch that those who contracted a mixed marriage in
their own place, or come from other places, live up to their
promises ;
4. when assisting at a mixed marriage they shall observe
Canon 1102, which demands that in such case no sacred cere
monies shall be made use of in witnessing the marriage contract.
(Canon 1064.)
908. The faithful should likewise be discouraged from
contracting marriage with those who have publicly given up the
Catholic faith, though they have not joined a non-Catholic
church, and with those who belong to societies condemned by the
Church.
The pastor shall not assist at such marriages without con
sulting his bishop, who, considering all circumstances, may per
mit him to assist at such a marriage, provided there are serious
reasons, if the Ordinary has good grounds to believe that the
Catholic education of the children is sufficiently certain, and that
218 THE NEW CANON LAW
about the death of his, or her, partner in marriage by physical or
moral cooperation of the accomplice. (Canon 1075.)
919. The impediment of consanguinity is defined as fol
lows:
1. in the direct line of consanguinity marriage is invalid be
tween persons of all degrees, for the legitimate descendants as well
as the natural ;
2. in the collateral or branch lines marriage is invalid to
the third degree inclusively, in such a manner, however, that the
impediment is multiplied only as often as the common progenitors
are multiplied. (Cf. Canon 96 for further details on consan
guinity) ;
3. marriage shall never be allowed if there is any doubt as
to whether the parties are of blood relation in any degree of the
direct line, or in the first degree of the collateral line. (Canon
1076.)
920. The impediment of affinity :
1. invalidates marriage in any degree of the direct line,
and in the collateral line to the second degree inclusively (Canon
97 explains how affinity arises, and according to this Canon the
former impediment of affinity from sinful intercourse is
dropped) ;
2. the affinity is multiplied ( 1 ) as often as the impediment
of consanguinity from which the affinity proceeds is multiplied;
(2) by repeated successive marriage with a blood relation of the
deceased partner in marriage. (Canon 1077.)
921. The impediment of public honesty arises from invalid
marriage, whether consummated or otherwise, and from public
and notorious concubinage. Marriage is invalidated in the first
and second degree of the direct line between the man and blood
relations of the woman, and vice versa. (Canon 1078.) The
impediment from valid engagement is, therefore, abolished.
922. The spiritual relationship mentioned in Canon 768
only invalidates marriage between those who contracted spiritual
affinity in Baptism, namely between the person baptized, on the
one hand, and the minister and the sponsors on the other.
(Canon 1079.)
923. Those who by the civil law are declared incapable to
marry on account of legal adoption, cannot equally under Canon
Law contract valid marriage. The Church, therefore, in this
THE MATRIMONIAL CONSENT 219
particular impediment adopts the civil law and makes it also her
own. To know whether there is a diriment impediment of re
lationship by adoption, and how far it extends, must be learned
from the statute law of individual States. (Canon 1080.)
CHAPTER V.
The Matrimonial Consent.
924. Marriage is effected by legally manifested consent of
the parties qualified thereto by law, which consent cannot be sup
plied by any human authority.
The matrimonial consent is an act of the will, by which
either party gives and accepts the right to the body, a right both
perpetual and exclusive, for the purpose of performing the
actions apt by their nature to procreate children. (Canon 1081. )
925. The matrimonial consent cannot be validly given unless
the contracting parties know at least that marriage is a permanent
union between man and woman, for the purpose of generating
offspring.
Ignorance concerning the nature of marriage is not pre
sumed by law in persons who have attained puberty. (Canon
1082.)
926. Error concerning the individual person with whom
one is to contract marriage renders marriage null and void.
Error concerning any quality of the person, though such
quality caused one to contract marriage, renders marriage invalid
only in two cases: (1) If the error concerning a certain quality
amounts to an error of the person; (2) if one contracts with a
person who was believed to be free when he, or she, is in fact a
slave properly so-called in countries where slavery still exists.
(Canon 1083.)
927. The mere error concerning the unity and indissolu-
bility, or sacramental dignity of marriage does not annul the
matrimonial consent, even if such error caused the consent.
(Canon 1084.)
928. The knowledge or opinion of the nullity of marriage
does not necessarily exclude matrimonial consent. (Canon
1085.)
929. The internal consent of the mind is always presumed
to correspond with the words or signs by which consent is mani
fested in the celebration of marriage.
216 THE NEW CANON LAW
the danger of perversion of the Catholic party is removed.
(Canon 1065.)
909. If a public sinner, or a person known to be under
censure, does not agree first to go to confession and be recon
ciled with the Church, the pastor shall not assist at his marriage,
unless there is grave and urgent reason, concerning which he
should consult the Ordinary, if it is possible. (Canon 1066.)
CHAPTER IV.
Diriment Impediments.
910. A boy under sixteen years of age and a girl under
fourteen cannot validly contract marriage.
Though marriage is valid when these years are completed,
the pastors of souls should dissuade young people from marriage
at an earlier age than is commonly the custom in the respective
countries. (Canon 1067.)
911. Antecedent and perpetual impotency either on the
part of the man or the woman, whether known to the other or
not, and whether absolute or relative impotency, annuls marriage
by the very law of nature. (The Code does not define the nature
of impotency and sterility, wherefore the former doubts concern
ing this question are not solved authoritatively. One point, how
ever, is made clear in the text here following, namely, that in
doubtful impotency, both in a dubium juris and a dubium facti,
there is no prohibition of marriage.)
If the impediment of impotency is doubtful, either as to fact
or as to law, marriage is not to be forbidden.
Sterility neither invalidates nor makes marriage illicit.
(Canon 1068.)
912. He who is held by a previous marriage bond, though
it be not a consummated marriage, cannot validly contract an
other marriage. The exception of the Pauline privilege will be
explained in another Canon.
Though the first marriage be, for some reason, invalid or
dissolved, it is not lawful for Catholics to contract another mar
riage before there is legal proof of the invalidity or the dissolu
tion of the first marriage. (Canon 1069.)
913. The marriage between a person baptized in the Catho
lic Church, or received into the Church from heresy or schism,
and a non-baptized individual is null and void.
DIRIMENT IMPEDIMENTS 217
If a certain party at the time of the marriage was com
monly held to have been baptized, or if his baptism was doubtful,
the validity of such marriage must, according to the rule of
Canon 1014, be upheld until it is proved with certainty that one
party was, and the other was not, baptized. (Canon 1070.)
914. The rules prescribed in Canons 1060-1064 for mixed
marriages must be applied also to marriages where there is
an impediment of disparity of cult. (Canon 1071.) Canon 1061
plainly states that the Church does not dispense from the im
pediment of mixed religion, and the same is to be said of the
disparity of cult, unless there are grave and urgent reasons and
the required promises are made. In the case of disparity of cult
the marriage would be invalid, if the conditions of Canon 1061
are not verified.
915. Clerics in major orders cannot validly marry.
(Canon 1072.)
916. Likewise religious, who have taken solemn vows, or
whose simple vows have by the special law of the Holy See the
power to annul marriage, cannot contract a valid marriage.
(Canon 1073.)
917. Between the man guilty of rape and the woman whom
he abducts with the purpose of marriage there can be no marriage
as long as the woman is in the power of the man committing
rape.
If the abducted woman, after having been separated from
the man, and been placed at full liberty consents to marry that
man, the impediment ceases.
As far as the nullity of marriage is concerned, the forcible
detention of the woman is held equal to rape, namely when the
man by force detains the woman with the purpose to marry her
in the place where she lives, or to which she came of her own free
will. (Canon 1074.)
918. The impediment of crime invalidates marriage with
the accomplice of the crime :
1. if a married person commits adultery by complete con
jugal action and enters into a mutual promise of marriage with
the partner in adultery, or if they attempt a civil marriage ;
2. if a married person commits such adultery and one of
the adulterers kills the husband, or wife, of the adulterer;
3. if a married person, without committing adultery, brings
220 THE NEW CANON LAW
If either one or both parties by a positive act of the will
exclude marriage itself, or all right to the conjugal act, or any
of the essential qualities of marriage, they contract invalidly.
(Canon 1086.)
930. Marriage is also invalid if entered into by grave fear,
or force, which an outside agency brought to bear upon a person
unjustly, and by which the person was forced to choose marriage
as a means to free oneself from the force or the threats.
No other fear carries with it nullity of marriage, though it
caused the contract. (Canon 1087.)
931. In order to validly contract marriage the parties
must be in each other's presence, either in person or through
proxy.
The parties must express their marriage consent in words,
and they are not allowed to use equivalent signs, if they can
speak. (Canon 1088.)
932. For the valid marriage by proxy a special mandate to
contract with a specified individual is required, and the mandate
must be signed by the party issuing the same, and by the pastor
or the Ordinary of the place in which the mandate is given, or
by a priest delegated by either pastor or bishop, or at least by two
witnesses. The diocesan statutes may demand additional pre
cautions.
If the person issuing the mandate does not know how to
write, this shall be noted in the mandate and an additional witness
shall be employed, otherwise the mandate is void.
If the person who gave the mandate recalled the same, or
became insane, before the proxy contracted marriage in his name,
the marriage is invalid, though neither the proxy nor the other
party to the marriage knew about the retraction of consent.
The proxy must in person execute the mandate, otherwise
the marriage is invalid. (Canon 1089.)
933. Marriage may also be contracted by means of an
interpreter. (Canon 1090.)
934. The pastor shall not assist at a marriage to be con
tracted by proxy or through an interpreter, unless there is good
reason for contracting in the unusual manner, and unless he is
certain of the authenticity of the mandate or the truthfulness of
the interpreter. If time permits, the pastor must obtain the
bishop's permission to assist at such marriages. (Canon 1091.)
THE MATRIMONIAL CONSENT 221
935. The condition added to a marriage consent, and not
retracted, is governed by the following principles :
1. If the condition is of the future and either necessary,
or impossible, or sinful, but not against the essence of marriage,
it is considered as not added to the contract.
2. If the condition is of the future and against the essence
of marriage, it renders the marriage invalid.
3. If the condition is of the future and licit, it suspends
the validity of the marriage.
4. If the condition is either of the past or the present, the
marriage is valid if the condition is realized, but invalid if it is
not realized. (Canon 1092.)
This impediment must not be confused with the impediment
of error spoken of in Canon 1083, which states that marriage is
valid though there was a mistake concerning non-essential quali
ties, for instance concerning health, poverty, family rank, etc., of
the party. The marriage is held valid in law even though the
one party deceived the other purposely concerning these non-
essential qualities. If, however, one party to the marriage ex
plicitly states any of these qualities as a condition without which
he will not contract marriage, for instance, "I will not marry you
unless you are free from such a disease," the marriage is invalid
if the condition is not realized. This right the Church grants to
the contracting parties for their protection against deceit.
936. Though marriage was contracted invalidly on account
of some diriment impediment, the given consent is supposed to
persevere until there is certainty about its revocation. (Canon
1093.)
CHAPTER VI.
Form of the Marriage Contract.
937. Those marriages only are valid which are contracted
either before the pastor or the Ordinary of the place, or a priest
delegated by either, and at least two witnesses, in conformity,
however, with the rules laid down in the following Canons, and
save for the exceptions mentioned below in Canons 1098 and
1099. (Canon 1094.)
938. The pastor and Ordinary can assist at marriage val-
idly only :
1. from the day they have taken canonical possession of
their benefice, according to Canons 334, §3, 1444, §1, or have
222 THE NEW CANON LAW.
entered upon their office, provided they are not excommunicated,
interdicted, or suspended from office by a condemnatory or
declaratory sentence of the ecclesiastical court (the interdict
is here added, whereas the "Ne Temere" spoke only of excom
munication and suspension. There is also a difference in the
manner of inflicting the censures, the "Ne T enter e" declared
the bishop or pastor incapable of assisting at marriage if sus
pended or excommunicated by public decree and by name, while
the Code speaks of inflicting of censures by the ecclesiastical
court. Practically it is the same, for a public decree of excom
munication, etc., cannot be issued except after a canonical trial) ;
2. within the limits of their territory ; in which they assist
validly at the marriages not only of their subjects, but also of
non-subjects;
3. provided they are not forced to assist by violence or
grave fear, and ask for and receive the consent of the contracting
parties. (The Code drops the rogati et invitati of the "Ne
Temere," namely that the pastor or bishop should have been
requested or invited to witness the marriage.)
The pastor and the bishop who can validly assist at mar
riages may also give permission to another priest to validly
witness marriages within the limits of the parish, or the diocese
respectively. (Canon 1095.)
939. The permission given to another priest according to
the preceding Canon, must be granted to a specified priest for a
specified marriage. General delegation cannot be given except
to regularly appointed assistants, for the parish to whicji they
are appointed ; otherwise the permission or delegation is invalid.
The pastor and the bishop should not give permission to
assist until after all that which the law requires for the proof
of the free state of the parties has been complied with. (Canon
1096.)
940. The pastor and the bishop assist licitly at marriage
only:
1. after they have lawfully ascertained the free state of
the contracting parties, according to the regulations of the Code;
2. after they have ascertained that at least one of the par
ties has a domicile or quasi-domicile in the place of marriage,
or has lived there at least for a month. In case of vagi it suf
fices that they are actually staying in the place;
FORM OF MARRIAGE CONTRACT 223
3. if the pastor cannot claim the parties as his subjects
under the provisions of the preceding paragraph, he must obtain
permission to assist either from the pastor or the Ordinary where
one of the parties has a domicile or quasi-domicile, or one month's
sojourn, unless there is question of vagi who are actually travel
ling and have no place of sojourn anywhere, or there is grave
necessity which excuses from obtaining permission.
In every case it shall be the rule that marriage be cele
brated before the pastor of the bride, unless some just reason
excuses. Marriages of parties of different Rites shall be con
tracted in the presence of the pastor of the husband's Rite, unless
a particular law rules otherwise.
The pastor who assists at marriages without the permission
required by the present Canon cannot make the stole fee his
own, but must forward it to the proper pastor of the contracting
parties. (Canon 1097.)
941. If the pastor or Ordinary, or a priest delegated by
either, according to Canons 1095 and 1096, cannot be had or
the parties cannot go to him without great inconvenience, the
following rules are to be observed :
1. In danger of death marriage may be validly and licitly
contracted in the presence only of two witnesses; even apart
from the danger of death marriage may be contracted without
the presence of an authorized priest, if it can be prudently
foreseen that this state of affairs, namely the difficulty to have
an authorized priest witness the marriage, ivill continue for a
month. (Two important modifications of the "Ne Temere" are
contained in this Canon, first that in danger of death marriage
can be contracted without a priest before two witnesses, and,
second, that in places where a priest cannot be had or the parties
cannot go to him, they need not wait for a whole month, if there
is good reason to judge that the same conditions will continue
for a month.)
2. In either case, if there is another priest not delegated,
for instance on vacation or a visit, who can be present, he should
be called and together with the witnesses assist at the marriage,
but only the two witnesses are necessary for validity. (Canon
1098.)
942. To the form of marriage as demanded by the pre
ceding Canons are held :
224 THE NEW CANON LAW
1. all persons baptized in the Catholic Church, and con
verts to the Church from heresy or schism, though the first men
tioned as well as the converts should afterwards have fallen
away, if they contract marriage among themselves.
2. Catholics, as described in the foregoing paragraph, who
marry non-Catholics, either baptized or unbaptized, even after
they have obtained a dispensation from disparity of cult, or mixed
religion.
3. Catholics of Oriental Rites who marry persons of the
Latin Rite held to this form of marriage.
Saving the rule of §1, n. 1, of this Canon, non-Catholics,
whether baptized or un-baptized, are nowhere held to the Catholic
form of marriage when they contract marriage among themselves.
Exempt are also children of non-Catholics, who, though they
were baptized in the Catholic Church, were reared from their
infancy in the non-Catholic faith or in infidelity and without
religion, when they contract marriage with non-Catholics.
(Canon 1099.)
943. Outside the case of necessity, the sacred Rites pre
scribed in the liturgical books approved by the Church, or laudable
customs approved by the Church, shall be employed in the cele
bration of marriage. (Canon 1100.)
944. The pastor should attend to it that the couple receives
the nuptial blessing, which can be given them also after they
have lived in marriage for a long time, but it can be pronounced
only in Holy Mass with the observance of the special rubric, and
on all days with the exception of the days specified in Canon 1 108.
The solemn nuptial blessing can be bestowed only by the
priest, or by his delegate, who has the right validly and licitly
to witness the marriage contract. (Canon 1 101. )
945. In a marriage between a Catholic and a non-Catholic
the questions eliciting the consent of the parties are to be put
by the priest as demanded by Canon 1095, §1, n. 3.
All sacred rites, however, are forbidden. If from this pro
hibition greater evils are foreseen to follow, the bishop may
allow some of the usual church ceremonies with the exception
of the celebration of Holy Mass. (Canon 1102.)
946. After the celebration of marriage the pastor, or he
who takes his place, shall as soon as possible enter in the marriage
record the names of the married couple and of the witnesses, the
place and date, and other items prescribed in the rituals and the
THE MARRIAGE OF CONSCIENCE 225
diocesan statutes. The pastor shall make the entry even if
another priest, delegated either by himself or by the bishop,
blessed the marriage.
The pastor shall also, according to Canon 470, §2, note in
the baptismal record that the parties contracted marriage in his
parish on that day. If one or both parties were baptized in
another parish, the pastor in whose parish the marriage was
contracted shall send notice of the fact to the pastor where the
parties were baptized, which he may do either directly or through
the Curia of his diocese.
Whenever marriage was contracted according to Canon
1098, the priest, if there was one present, and otherwise the
witnesses, must see to it that the marriage is entered in the two
records. (Canon 1103.)
CHAPTER VII.
The Marriage of Conscience.
947. By a marriage of conscience is understood a marriage
contracted without the publication of the banns and in secret, in
accordance with the following Canons. The bishop may allow
such a marriage only for very grave and urgent reasons; the
vicar general cannot allow such marriages except by special man
date of his bishop. (Canon 1 104. )
948. The permission to contract a marriage of conscience
imports the promise and grave obligation of observing the secret
on the part of the assisting priest, of the witnesses, of the Ordi
nary and his successors, and also of the contracting parties as
long as one of the partners does not consent to the publication.
(Canon 1105.)
$49. This promise of secrecy on part of the Ordinary does
not bind him in cases where the keeping of the secret should
cause scandal or grave injury to the sanctity of marriage, or
when the parties do not have their children baptized, or give ficti
tious names to hide their parenthood, unless they give their true
names to the Ordinary within thirty days from the birth and
baptism of the child, or, finally, when they neglect the Catholic
education of their children. (Canon 1106.)
950. The marriage of conscience is not to be entered in
the ordinary records of marriage and Baptism, but is to be kept
in the secret archives of the Curia. (Canon 1107.)
226 THE NEW CANON LAW
CHAPTER VIII.
Time and Place of Marriage.
951. Marriage may be contracted any time of the year.
The solemn nuptial blessing only of marriage is forbidden
from the first Sunday in Advent to Christmas, inclusively,
and from Ash Wednesday to Easter Sunday, inclusively.
The bishop may permit marriage in these seasons for a good
reason, even with the nuptial blessing, as decided by S. R. C.
June 14, 1918, but the parties must refrain from too much
pomp. (Canon 1108.)
952. The marriage between Catholics shall be contracted in
the parish church ; in another church, public or semi-public ora
tory, it cannot take place without the permission of either bishop
or pastor.
In private houses the bishop may not permit the celebration
of marriage except in some extraordinary case and for good
reasons. In the churches or chapels of seminaries or of re
ligious women, the Ordinary should not allow the celebration
of marriage except in urgent necessity and with due precautions.
Marriages between a Catholic and a non-Catholic shall be
contracted outside the church. If, however, the bishop judges
that this rule cannot be insisted upon without causing other
greater evils, it is left to his judgment to allow the marriage to
take place in the church but without Holy Mass, as Canon 1102,
§2 rules. (Canon 1109.)
CHAPTER IX.
Consequences of Marriage.
953. From valid marriage there arises between the married
couple a bond perpetual and exclusive in its very nature. Chris
tian marriage, moreover, gives to the parties who place no
obstacle to it the grace of the Sacrament. (Canon 1110.)
954. Either of the married parties possess, from the mo
ment the contract has been concluded, equal rights and duties
concerning the actions proper to conjugal life. (Canon 1111.)
955. Unless the special law rules otherwise, the wife shares
in the state of her husband, as far as canonical effects are con
cerned. (Canon 1112.)
956. The parents are bound by a most serious obligation
SEPARATION OF MARRIED PEOPLE 227
to provide to the best of their ability for the religious and moral
as well as the physical and civil education of their children, and
to care for their temporal wellbeing. (Canon 1113.)
957. Legitimate children are those conceived or born in
valid marriage, or in marriage contracted in good faith though
invalidly. If married people make solemn profession in a Re
ligious Order, or if the husband receive major orders, the use
of marriage is forbidden to them, and if by intercourse after
such profession or ordination a child is conceived and born,
it is not considered legitimate. (Canon 1114.)
958. As the father of a child is considered he who appears
to be such by lawful marriage, unless there are evident argu
ments to prove the contrary.
The children who are born at least six months after the
date of marriage, or within ten months from the dissolution of
conjugal life, are in law presumed legitimate. (Canon 1115.)
959. By a subsequent marriage contracted validly, or in
good faith, or by validation of marriage, though not consummated
by conjugal intercourse, offspring is legitimized, if the parents
were capable to contract marriage with each other either at the
time of conception, or pregnancy, or birth. (Canon 1116.)
960. Children legitimized by subsequent marriage are, as
far as canonical effects are concerned, held equal in all things to
legitimate offspring, unless the Canons explicitly make an excep
tion. (Canon 1117.)
CHAPTER X.
Separation of Married People.
Article I. Dissolution of the Marriage Bond.
961. The valid marriage of Christians, consummated by
the conjugal act, cannot be dissolved by any human authority for
any reason; death alone can dissolve the bond. (Canon 1118.)
962. Non-consummated marriage between baptized persons,
or between a baptized and an unbaptized, is dissolved by law
through solemn religious profession, as well as by dispensation
of the Holy See, granted for a good reason at the request of
either or both parties, or of one of them even though the other
objects. (Canon 1119.);
228 THE NEW CANON LAW
963. The valid marriage of unbaptized persons, though
consummated, is dissolved in favor of the faith by the Pauline
privilege.
This privilege cannot be applied in a marriage between a
Catholic and an unbaptized person if contracted with the dis
pensation from the disparity of cult. (Canon 1120.)
964. Before the converted and baptized party can validly
contract a new marriage, he must first interpellate the unbaptized
party. Canon 1125 contains some exceptions to this rule. The
interpellation consists in this that the convert is to ask (1)
whether also the other party wishes to be converted and baptized,
(2) in case the other party does not wish to be baptized, whether
he, or she, is willing to live in marriage without offense to God,
which is to say that he, or she, will not interfere with the religi
ous obligations of the convert.
These interpellations must always be made, unless the Holy
See has decreed otherwise. (Canon 1121.)
965. The interpellations should as a rule be made in sum
mary and extrajudicial form with the authority of the Ordinary
of the converted party, who is also entitled to grant the unbap
tized party at his, or her, request a certain length of time to
reflect before making answer, with the notification, however, that
failure to answer within the specified time will be taken as a
reply in the negative.
Interpellations made privately by the converted party itself
are also valid, and also licit, if the above mentioned form cannot
be observed ; but in this cace there must be proof of the interpella
tion by at least two witnesses or by other proof acknowledged in
law. (Canon 1122.)
966. If the interpellations were omitted by permission of
the Holy See, or if the unbaptized party should have given either
explicitly or tacitly an answer in the negative, the baptized party
has the right to contract a new marriage with a Catholic, unless
after Baptism he gave the unbaptized just cause for separation.
(Canon 1123.)
967. The convert who after Baptism lived again in mar
riage with the unbaptized party does not thereby forfeit the right
to enter upon a new marriage with a Catholic, wherefore he
can make use of his right, if the unbaptized party does after
wards change his mind, and, without the fault of the other party,
SEPARATION OF MARRIED PEOPLE 229
separates, or does not live peacefully and without injury to the
religious obligations of the converted Catholic. (Canon 1124.)
968. The Constitutions of Pope Paul III.: "Altitude"
June 1, 1537; of Pope St. Pius V. : "Romani Pontificis" Aug. 2,
1571; of Pope Gregory XIII. : "Populis" Jan. 25, 1585, given
to individual countries, are, as far as marriage is concerned,
extended to all other countries in the same circumstances. The
passages of these constitutions referring to marriage are given in
the appendix of the Code.
The constitution "Altitude" refers to marriages of heathens
who practice polygamy. The text seems to suppose that the
husband as well as his several wives were all converted. If he
remember not which was the first one he married, he shall take
any one of them and contract marriage with her; if he remember
which woman he married first, he shall dismiss the others and
continue to live with the first. Dispensation is granted the con
verted heathens to marry, notwithstanding consanguinity, or
affinity in the third degree.
The constitution "Romani Pontificis" deals with a case where
a heathen has taken and dismissed several wives and married
others. Finally he is converted and one of the wives he actually
has is also converted. His first and only lawful wife has either
been dismissed by him, or, if he still lives with her, it was not
she that became a Catholic but one of the other wives. The Holy
See allows that the man may continue to live in marriage with the
one who became converted. Here dispensation is granted from
the interpellation.
The constitution "Populis" gives faculties to the bishops,
pastors, and priests, of the Society of Jesus to dispense from the
interpellation in the cases of converts in Angola, Ethiopia, Brazil,
and regions of India, who before Baptism were married and
whose partners in marriage were carried off into slavery, or
otherwise separated, so that they could not easily be interpellated,
or, if interpellated, did not reply within the time fixed for the
answer, so that they may lawfully marry a Catholic of any Rite.
If afterwards it should become known that the other party had
become a Catholic by the time the second marriage took place, or
that he had had no chance to reply to the interpellation, the
second marriage is nevertheless to be considered firm and valid.
(Canon 1125.)
969. The bond of the first marriage contracted in infidelity
230 THE NEW CANON LAW
is solved only when the converted party actually contracts a new
and valid marriage. (Canon 1126.)
970. In doubtful cases the Pauline privilege enjoys the
favor of law. (Canon 1127.)
Article II. Separation from Bed and Board.
971. The married couple is obliged to live together in
conjugal relations, unless a just cause frees them from this
obligation. (Canon 1 128. )
972. For reason of adultery of one party, the other has
the right to solve even for all times the community of life,
though the marriage bond remains, unless the other consented to
the crime, or was the cause of it, or expressly, or tacitly, con
doned it, or, finally, committed the same crime himself, or
herself.
Tacit condoning of the crime consists in this that the inno
cent party, after having become certain of the crime, nevertheless
continues to live with the other in marital relations ; such the law
presumes to be the case, unless the innocent party within six
months either expel or leave the guilty partner, or bring legal
accusation against him, or her. (Canon 1129.)
973. The married person who, either upon sentence of the
judge, or by his or her own authority lawfully leaves the guilty
party, has no longer obligation to again admit the adulterer
to conjugal life; the innocent party, however, has the right to
admit the guilty partner, and to oblige him, or her, to return,
unless he or she has in the meantime, with the consent of the
innocent party, embraced a state of life contrary to marriage.
(Canon 1130.)
974. Other reasons for separation : if one party joins a non-
Catholic sect ; or educates the offspring as non-Catholics ; or leads
a criminal and despicable life; or creates great bodily or spiritual
danger to the other party; or if through cruelties he or she
makes living together too difficult, and other such reasons, which
are to the innocent party so many legal causes to leave the
guilty party by authority of the Ordinary of the diocese, or also
by private authority, if the guilt of the other party is certain
beyond doubt, and there is danger in delay.
In all these cases the common life must be restored when
the reason for the separation ceases; if, however, the separation
VALIDATION OF MARRIAGE 231
was pronounced by the bishop either for a time, or indefinitely,
the innocent party is not obliged to return except when the time
specified has elapsed or the bishop gives orders to return. (Canon
1131.)
975. After the separation, the children are to be placed in
charge of the innocent party, and if one of the parties is a non-
Catholic the Catholic party is to have charge over them, that they
may be raised as Catholics, unless the Ordinary decides differ
ently for the sake of the welfare of the children, always safe
guarding their Catholic education, (Canon 1132.)
CHAPTER XL
Validation of Marriage.
Article I. Simple Validation.
976. In order to validate a marriage which is invalid on
account of some diriment impediment, there is required either
that the impediment ceases or is dispensed, and that at least the
party conscious of the impediment renews the consent.
This renewal of consent is required by ecclesiastical law for
validity of the marriage, although in the beginning both parties
gave their consent and did not afterwards revoke it. (Canon
1133.)
977. The renewal of consent must be a new act of the will
for the marriage that is known to have been invalid from the
beginning. (Canon 1134.)
978. If the impediment is public, the consent must be
renewed by both parties, in the form prescribed by law.
If it is occult and known to both parties, it suffices that the
consent be renewed privately and secretly by both parties.
If it is occult and known only to one party, it suffices that
the party who knows of the impediment, privately and secretly
renews the consent, provided the other party continues in its con
sent. (Canon 1135.)
979. Marriage which is invalid on account of want of con
sent is validated if the party which did not consent does now give
the consent, provided the consent of the other party perseveres.
If the defect of consent was merely internal, it is sufficient
that the party who did not consent now gives consent by an
internal act.
232 THE NEW CANON LAW
If the want of consent was manifested also outwardly it is
necessary to renew the consent outwardly, either in the form pre
scribed by law, in case the want of consent was public, or in
some private and secret but outward manner if the want of con
sent was occult. (Canon 1136.)
980. Marriage which is null and void on account of
the want of the prescribed form, must be validated by contracting
in the form required by law. (Canon 1 137. )
Article II. Sanatio in Radice.
981. The sanatio in radio e of marriage is its validation
which imports, besides a dispensation from, or a cessation of, an
impediment, a dispensation from the law of renewing the consent,
and a retro-action, by fictiqn of law, in reference to the canonical
effects in the past state while the union was invalid.
The validation takes place at the moment of granting of this
favor. The retro-action, however, is to be understood to reach
back to the beginning of the marriage, unless it is expressly stated
otherwise in the rescript.
The dispensation from the law of renewing the consent can
be given if one only or both parties are ignorant of the impedi
ment. (Canon 1138.)
982. Any marriage contracted with the consent of both
parties which would naturally suffice, but which consent is juridi
cally ineffective on account of a diriment impediment of ecclesias
tical law, or on account of want of the prescribed form, can be
validated by the sanatio in radice, provided the consent per
severes.
Marriage contracted under an impediment of the natural
or the Divine law is not validated by the Church by means of the
sanatio in radice, though the impediment should have ceased after
wards, not even from the moment of the cessation of the impedi
ment. (Canon 1139.)
983. If either in both or i:i one party consent has ceased to
exist, the marriage cannot be vnlidated by the sanatio in radice,
and this is true both, in case \here was no consent from the
beginning, and also when it was first given and then revoked.
If consent was wanting in the beginning but was given later
on, the sanatio in radice can be applied from the moment that
consent was given. (Canon 1140.)
SECOND MARRIAGE 233
984. The sanatio in radice can be granted by the Holy See
alone. (Canon 1141.)
CHAPTER XII.
Second Marriage.
985. Though chaste widowhood is more honorable, second
and further marriages are valid and licit, provided that, according
to Canon 1069, §2, the dissolution of the first marriage is proved.
(Canon 1142.)
986. The woman who received the nuptial blessing once,
cannot in a subsequent marriage again receive it. (Canon
1143,)
TITLE VIII.
The Sacramentals.
987. Sacramentals consist of sacred objects and actions
which the Church, in imitation of the Sacraments to a certain
extent, makes use of for thej)urpose of obtaining by her interces
sion favors, especially spiritual ones. (Canon 1144.)
988. The Holy See alone has the right to constitute new
Sacramentals, authentically interpret those in use, abolish or
modify any of them. (Canon 1145.)
989. The legitimate minister of the Sacramentals is the
cleric who has received faculty to bestow them, and who has not
been forbidden by the competent ecclesiastical authority to exer
cise this faculty. (Canon 1146.)
990. Consecrations no one can validly perform who is not
a consecrated bishop, unless this faculty is given one either by
law or by indult of the Holy See.
Benedictions, with the exception of those reserved either
to the Roman Pontiff, or the bishop, or others, may be given by
any priest.
A reserved benediction given by a priest without the neces
sary faculty, is illicit but valid, unless in the reservation the
Holy See explicitly states that it cannot validly be given except
by those to whom it is reserved or by those having special facul
ties.
Deacons and lectors can validly and licitly give only those
blessings which are explicitly permitted to them by law. (Canon
1147.)
234 THE NEW CANON LAW,
991. In the preparation and administration of the sacra-
mentals the rites prescribed by the Church must be accurately ob
served.
Consecrations and blessings, both constitutive and invocative,
are invalid if the formula prescribed by the Church is not em
ployed. (Canon 1148.) Invocative benedictions are those by
which God's blessing is called upon a person, object or place,
e. g. blessing of infant, of edibles, of a house; constitutive are
those benedictions which render a person, object or place sacred,
e. g. blessing of an abbot, church, sacred vessels.
992. Blessings are, first of all, to be given to Catholics ; they
may also be given to catechumens, and, where there is no prohibi
tion of the Church, also to non-Catholics to obtain the light of
faith and together with it bodily health. (Canon 1149.)
993. Consecrated objects, and objects rendered sacred by
blessing, must be treated with reverence, and they are not to be
used for profane purposes nor for purposes for which they are
not intended, though these objects be owned by private indi
viduals. (Canon 1150.)
994. No one who has the power to pronounce exorcisms
can lawfully read them over those possessed unless he has re
ceived special and explicit permission from the bishop.
This faculty should be granted by the bishop only to a priest
who is distinguished for prudence and holiness of life. The
priest shall not pronounce the exorcism until he has ascertained
by prudent investigation that the person is really possessed by
the devil. (Canon 1151.)
995. Exorcisms can be pronounced by the authorized min
isters not only over the faithful but also over catechumens, over
non-Catholics and excommunicated persons. (Canon 1152.)
996. The exorcisms which occur in Baptism and in conse
crations and blessings may be pronounced by the very same min
isters who have the right to employ these sacred rites. (Canon
1153.)
PART II.
SACRED PLACES AND SEASONS.
SECTION I.
Sacred Places.
997. Sacred places are those which are blessed or conse
crated either for Divine worship or for the burial of the faithful,
CHURCHES 235
according to the rites prescribed by the approved liturgical books.
(Canon 11 54.)
998. The consecration of any place, though it belong to the
regulars, pertains to the Ordinary of the diocese or territory
where such place is situated, provided the Ordinary has episco
pal consecration; the vicar general needs a special mandate of
the bishop. Cardinals have the privilege to consecrate the church
and altars of their title.
The Ordinary of the territory, though not possessed of epis
copal dignity, may give faculty to any bishop of the same Rite to
perform consecrations in his territory. (Canon 1155.)
999. The right to bless a sacred place belongs to the Ordi
nary of the place if there is question of places belonging to the
secular clergy, or to non-exempt religious, or to exempt lay Or
ders; if it is a place belonging to a clerical exempt religious
body the major superior has the right to bless the place ; both the
Ordinary of the diocese and the major superior may delegate
another priest for the blessing. (Canon 1156.)
1000. Notwithstanding any privilege, nobody may conse
crate or bless a sacred place without the consent of the Ordinary.
(Canon 1157.)
1001. A document of consecration or blessing shall be
drawn up, one copy to be kept in the episcopal Curia, another in
the archives of the respective church. (Canon 1158.)
1002. The consecration or blessing of any place is proved
sufficiently by one absolutely trustworthy witness, if nobody else's
rights are thereby injured.
If there is legal proof of consecration or blessing, neither
can be given again; in doubtful cases they may be repeated ad
cautelam. (Canon 1159.)
1003. The sacred places are exempt from the jurisdiction
of the civil authorities, and in them the legitimate ecclesiastical
authority freely exercises its jurisdiction. (Canon 1160.)
TITLE IX.
Churches.
1004. By the term church is meant a sacred building dedi
cated to Divine worship, principally for the purpose that it serve
all the faithful for the exercise of public worship. (Canon
1161.)
236 THE NEW CANON LAW
1005. No church shall be erected without explicit permis
sion in writing from the Ordinary, which permission or consent
the vicar general cannot give without a special mandate.
The Ordinary shall not give his consent unless he prudently
foresees that the necessary means for the building and main
tenance of the new church, for the support of the necessary min
isters and the expenditures of the cult, will not be wanting.
In order that the new church may not injure churches al
ready established without proportionate spiritual benefit of the
faithful, the Ordinary before giving consent for the building of
a new church shall hear the rectors of neighboring churches who
are concerned. Canon 1676 gives to the parties who think them
selves injured by the erection of a new church or other institution
the right to object, and from the moment protest is made ope
rations must come to a stop until a decision has been reached in
the ecclesiastical court.
Religious who have obtained permission from the Ordinary
to establish themselves in the diocese or in a city, must, before
they build a public oratory or church, obtain approval of the
location from the bishop. (Canon 1162.)
1006. The blessing and laying of the cornerstone of a
church belongs either to the Ordinary or to the major religious
superior, the same as the blessing of a sacred place, according to
Canon 1156. (Canon 1163.)
1007. The Ordinaries should take care to have the churches
built acording to the approved traditions of ecclesiastical archi
tecture, and in conformity with the laws of sacred art.
In a church there must be no door or window opening into
a house of lay persons. The space in the basement or above the
church shall not be used for purely profane purposes. (Canon
1164.)
1008. Divine worship cannot be held in a new; church be
fore it has been solemnly consecrated, or at least blessed.
If it can be foreseen that the church will be converted to
profane purposes, the Ordinary should not give his consent for
the building of the same, and if it has already been built, he shall
neither consecrate nor bless it.
The solemn consecration ought to be given to cathedral
churches and, as far as possible, to collegiate, religious and pa
rochial churches.
CHURCHES 237
A church built of wood, or of iron or other metal, may be
blessed but it cannot be consecrated.
The altar may be consecrated without consecration of the
church. In the consecration of a church, at least the major altar,
and if it was already consecrated previously, another altar, must
be consecrated in the ceremony of its consecration. (Canon
1165.)
1009. The consecration of churches may be held any day.
Sundays and holidays of obligation, however, are more becoming
for this ceremony.
The consecrating bishop and those who ask for the conse
cration must observe the fast the day before the consecration.
When the church or an altar is consecrated, the officiating
bishop, though he has no jurisdiction in the territory, concedes an
indulgence of one year to those who visit the church or the altar
on the day of consecration, and on the anniversary fifty days if
a bishop consecrates, one hundred days if an archbishop, two hun
dred days if a Cardinal. (Canon 1166.)
1010. The feast of the consecration of a church is to be
kept annually according to the liturgical laws. (Canon 1167.)
1011. Each church which is either blessed or consecrated
shall have its title, which it is forbidden to change afterwards.
The feast also of the title of the church is to be observed
each year, according to the liturgical laws.
Churches cannot be dedicated in honor of beatified persons
without permission of the Holy See. (Canon 1168.)
1012. It is desirable that each church have bells, by which
the faithful may be invited to Divine worship and other religious
celebrations.
The church bells must be either consecrated or blessed, ac
cording to the Rite of the approved liturgical books.
The use of the church bells is exclusively under the juris
diction of the authorities of the Church.
With the exception of conditions stipulated by the donor of a
church bell with approval of the Ordinary, the bells must not be
rung for merely profane purposes, except in case of necessity, or
with the permission of the Ordinary, or in accordance with legiti
mate custom.
In reference to the consecration or the blessing of church
238 THE NEW CANON LAW
bells, the rules of Canons 1155 and 1156 shall be observed.
(Canon 1169.)
1013. The church does not lose its consecration or blessing
unless it was totally destroyed, or the larger part of the walls col
lapsed, or it was reduced to profane purposes by authority of the
Ordinary, as provided by Canon 1187. (Canon 1170.)
1014. In the sacred edifice which has been legitimately
blessed all ecclesiastical rites may be performed, safeguarding the
rights of parochial churches, and rights acquired by privilege, and
legitimate customs. The Ordinary may especially fix the hours
for Divine worship that they may not interfere with other
churches. In churches of exempt religious the bishop may not
fix the hours for services, except in cases where the religious have
no parish church and their services might interfere with the
catechetical and Gospel instructions in the parish church of the
place. (Canon 1171.)
1015. Churches are desecrated only by the crimes here
enumerated, if they are certain, notorious, and committed in the
church itself : (1) the crime of homicide; (2) sinful shedding of
blood in considerable quantity; (3) godless and sordid purposes
for which the church was used; (4) burial of an infidel, or of a
person excommunicated by condemnatory- or declaratory sen
tence.
If the church is desecrated, the cemetery adjoining the
church is not thereby desecrated, and vice versa. (Canon 1172.)
1016. In a desecrated church it is forbidden to hold Divine
worship, to administer the Sacraments and to have funeral ser
vices before it is reconciled.
If the desecration happens during Divine services they shall
immediately be discontinued; if during Holy Mass, before the
beginning of the canon or after the communion, Mass must be
discontinued at once, otherwise the priest shall continue until the
communion. (Canon 1173.)
1017. The desecrated church shall be reconciled as soon as
possible with the sacred ceremonies prescribed in the approved
liturgical books.
If the desecration of the church is doubtful, it may be recon
ciled ad cautelam. (Canon 1174.)
1018. A church which has been desecrated by the burial of
an excommunicated or of an unbaptized person, shall not be re-
CHURCHES 239
conciled before the body is removed, if the removal can be accom
plished without grave inconvenience. (Canon 1175.)
1019. A church that is blessed can be reconciled by its rec
tor, or by any other priest with at least the presumed permission
of the rector.
The reconciliation of a consecrated church belongs to either
the bishop or the major religious superior, according to Canon
1156.
In case of grave and urgent necessity, if the bishop cannot
be approached, the rector of a consecrated church may reconcile
it, notifying the Ordinary afterwards. (Canon 1176.)
1020. The reconciliation of a blessed church can be done
with ordinary holy water. The reconciliation, however, of a
consecrated church is to be done with holy water specially blessed
for that purpose with the ceremonies prescribed by the liturgical
laws; it may be blessed not only by the bishop but also by the
priest who reconciles the church. ( Canon 1 1 77. )
1021. All persons concerned must see to it that such clean
liness is observed in church as is becoming to the house of God.
Business transactions and fairs and sales, though held for a pious
purpose, shall be kept away from the church, and, in general,
everything that is not in accordance with the sanctity of the place.
(Canon 1178.)
1022. The churches enjoy the right of refuge, so that a
criminal who has fled into it may, except in urgent necessity, not
be taken out of it without the permission of the Ordinary, or at
least of the rector of the church. (Canon 1179.)
1023. The title of Basilica cannot be given to any church
except by Apostolic indult, or by immemorial custom, and its
privileges likewise are derived either from custom or from indult
of the Holy See. (Canon 1 180. )
1024. The admission to the sacred functions in church
must be absolutely gratuitous, all contrary custom being disap
proved. (Canon 1181.)
1025. The administration of goods intended for repairs
and decoration of the church, and conducting of services, be
longs, with the exception of special cases and privileges, to the
Ordinary together with the Chapter if there is question of the
cathedral church, but to the collegiate Chapter if the church is
collegiate ; and to the rector in the case of other churches. Canons
240 THE NEW CANON LAW
1519-1528 concerning the administration of church property must
likewise be observed.
The offerings made for the benefit of the parish, or the mis
sion, or a church situated within the limits of the parish or
mission, are administrated by the pastor of the church or by the
rector of the mission, unless there is question of churches which
have an administration of their own, distinct from that of the
parish or mission, or the special law or legal custom rule
differently.
The pastor, missionary, rector of a church, both secular
and religious, must administrate the offerings in accord with
the regulations of the sacred Canons and give account thereof
to the Ordinary of the place, as provided by Canon 1525.
(Canon 1182.)
1026. If others, either clerics or laymen, are admitted to
the administration of the goods of any church, they shall all
act as an administrative council under the presidency of the
ecclesiastical administrator, mentioned in the preceding Canon,
or his delegate.
The members of the administrative board are to be chosen
by the Ordinary or his delegate, unless special laws provide
otherwise, and they can be removed by him for a grave reason.
(Canon 1183.)
1027. The administrative council is to care for the proper
administration of the church revenues, according to Canons
1522 and 1523, but they may not interfere in any way in all
those things that belong to the spiritual care of the parish,
especially :
1. the exercise of worship in the church;
2. how and when to ring the church bells, the maintaining
of order in church and in the cemetery;
3. to determine the manner of prayer, announcements and
other affairs belonging in any way to Divine worship and the
solemnity of the same;
4. the care of altars, communion rail, pulpit, organ, place
for the choir, pews, offering-boxes and other objects belonging
to the exercise of religious worship;
5. the judgment as to the fitness of sacred utensils and
other things destined either for use in the Divine worship, or
for the decoration of church and sacristy;
CHURCHES 241
6. the writing and keeping of the church records and docu
ments belonging to the archives of the parish. (Canon 1184.)
1028. The sacristan, singers, organist, choir boys, work
men for the cemetery, and all others serving the church, are
appointed, depend on, and can be dismissed by no one but the
rector of the church, saving lawful customs and agreements,
and the authority of the Ordinary. (Canon 1185.)
1029. Unless there are special legal customs, or agree
ments, or an obligation placed on individuals by the civil law,
the obligation of maintaining the cathedral church building rests
with the persons here mentioned in the following order :
1. if the church as such has revenues, these are to be used
for repairs of the church edifice, but the revenues necessary to
carry on Divine worship and the ordinary administration of
the church must not be touched;
2. the bishop and the canons of the cathedral are held to
defray the expenditures for repairs in proportion to their in
come, but the salary that is considered necessary for their proper
living must not be attached;
3. if the two preceding sources fail, the people of the diocese
are to defray the repairs of the cathedral, but the Ordinary
should by persuasion, rather than by force, induce the people
to furnish according to their means the necessary funds for
the cathedral.
The duty of repairing the parish church rests with the
following in this order: (1) the revenues of the church itself;
(2) the patron; (3) those who derive some income from the
church, according to the rate fixed by the Ordinary; (4) the
parishioners, who, however, should be induced by persuasion
rather than by strict command.
These rules with proper proportion should be observed
also in reference to other churches. (Canon 1186.)
1030. If a church is so dilapidated that it cannot at all
be used for Divine worship, and if all means to repair it are
wanting, the Ordinary may turn it to some decent profane use;
the obligations with their respective funds, for instance, of
foundation Masses, and the title of the parish, if a parochial
church, shall be transferred to another church appointed by the
Ordinary. (Canon 1187.)
242 THE NEW CANON LAW
TITLE X.
Oratories.
1031. An oratory is a place destined for Divine worship,
not, however, with the principal object of serving the faithful
at large as a house of worship.
The oratory is called (1) Public, if it has been erected
indeed principally for the convenience of a body of men, or
also for private individuals, but in such manner that all the
faithful have the right to worship there, which right must be
safeguarded to them by law to freely approach the oratory at
least at the time of Divine services. (2) Semi-public, if it has
been erected for the convenience of some community or a body
of the faithful who meet there, so that not everybody has the
right to enter the place. (3) Private or domestic, if erected
in a private house for the benefit of some family or of a private
individual. (Canon 1188.)
1032. The oratories in the houses of Cardinals and
bishops, even titular ones, though private, have nevertheless all
the rights and privileges given by law to semi-public oratories.
(Canon 1189.)
1033. The small chapels erected in a cemetery by private
individuals over their burial places have the nature of private
oratories.
1034. Public oratories are governed by the same laws as
churches.
If, therefore, a public oratory has been dedicated to the
public worship of God by blessing or consecration, under the
authority of the bishop of the diocese in conformity with Canons
1155 and 1156, all sacred functions can take place there, except
such that the rubrics do not allow in oratories. (Canon 1191.)
1035. Semi-public oratories cannot be erected without the
permission of the Ordinary.
The Ordinary shall not give this permission before he has
inspected, either in person or through some one else, the place
where the semi-public oratory is to be established, and has con
vinced himself that the place is in proper condition for the
purpose.
Once the permission has been granted, the place cannot be
turned to profane purposes without the authority of the same
Ordinary.
ALTARS 243
In colleges and other institutions for the education of youth,
in highschools, castles, barracks of soldiers, prisons, hospitals,
etc., there should not be erected other minor oratories besides
the principal one, unless, according to the judgment of the Ordi
nary, necessity or great utility make their erection advisable.
(Canon 1192.)
1036. In semi-public oratories legitimately erected all
sacred functions can be held except such that the rubrics or the
orders of the bishop exclude. (Canon 1193.)
1037. In private chapels in cemeteries, mentioned in
Canon 1190, the Ordinary may permit, also habitually, the cele
bration of several Masses; in other private oratories he can al
low only one Mass for some extraordinary occasion and not
habitually. The Ordinary shall not give this permission except
in conformity with Canon 1192, § 2. (Canon 1194.)
1038. In private oratories which have received the indult
of the Holy See to have Mass said there, the Ordinary shall visit
and approve of the place according to Canon 1192, § 2; this hav
ing been done, one low Mass may be said there each day with the
exception of the more solemn feasts of the Church; other eccles
iastical functions shall not be held there.
The Ordinary may also for good reasons, other than those
for which the indult was granted, allow Holy Mass on the more
solemn feasts per modum actus, which means to say, not per
petually but by way of exception in a particular case. (Canon
1195.)
1039. Domestic oratories cannot be consecrated or blessed
after the manner of churches.
Domestic and semi-public oratories may either be blessed
with the benedictio loci of the Ritual or not at all, but they must
be reserved exclusively to Divine worship and may not be used
for domestic purposes, (Canon 1196.)
TITLE XI.
Altars.
1040. In the liturgical sense there is understood :
1. By the term immovable or fixed altar, the upper table
together with its support, consecrated as a whole.
2. By the term movable or portable altar, the stone, as a
244 THE NEW CANON LAW
rule small in size, which alone is consecrated and which is called
portable altar stone, or sacred stone; or also the whole altar with
table and support, which was, however, not consecrated as a
whole.
In consecrated churches at least one altar, principally the
main altar, must be immovable. In blessed churches all the al
tars may be movable. (Canon 1197.)
1041. The table of an immovable altar, as well as the por
table altar stone, must consist of one piece of natural solid stone.
In the immovable altar the stone table must cover the entire
altar and must be properly joined to the support. The support
must be of stone or at least the sides or columns on which the
table rests must be of stone.
The portable altar stone must be sufficiently large to hold
the host and the larger part of the base of the chalice.
In the immovable altar, as well as in the portable one, there
must be the sepulchre containing the relics of saints as prescribed
by the liturgical laws, closed with a stone. (Canon 1198.)
1042. In order that Holy Mass may be celebrated on such
an altar, it must be consecrated according to the laws of liturgy,
either as a whole in case of immovable altars, or the altar stone
in case of movable altars.
Every bishop, besides persons specially privileged, may con
secrate portable altar stones. In reference to the consecration of
immovable altars the law of Canon 1155 is to be observed.
The consecration of an immovable altar without the conse
cration of the church may take place any day ; it is more becom
ing, however, to consecrate them on a Sunday, or a holiday of
obligation. (Canon 1199.)
1043. The immovable altar loses its consecration if the
table or mensa is separated from the support even for a moment's
time, in which case the Ordinary can allow a priest to again con
secrate the altar with the shorter rite and formula.
The immovable altar, as well as the portable altar stone, lose
their consecration :
1. if they are considerably broken, either for reason of the
size of the break, or for reason of the place of anointing;
2. if the relics are removed, or the cover of the sepulchre
is broken or removed, excepting the case where either the bishop
or his delegate remove the cover in order to fasten or repair it,
or to substitute another, or to inspect the relics.
ECCLESIASTICAL BURIAL 245
A slight break of the cover does not induce desecration, and
any priest can fill the crack with cement.
The desecration of the church does not carry with it the
desecration of the immovable or portable altars, and vice versa.
(Canon 1200.)
1044. Just as the church has its title so should also at least
every immovable altar of the church have its own title.
The primary title of the main altar should be the same as
the title of the church.
With the permission of the Ordinary the title of a movable
altar may be changed, not, however, that of the immovable altar.
Altars cannot be dedicated to the Blessed, not even in the
churches and oratories to which their office and Mass is conceded,
without permission of the Holy See. (Canon 1201.)
1045. Immovable as well as portable altars must serve only
for Divine services and specially for Holy Mass to the exclusion
of any use for profane purposes.
Under the altar bodies are not to be buried; bodies which
perhaps are buried near an altar must at least be three feet away
from the altar, otherwise it shall not be lawful to say Holy Mass
on that altar until the body has been removed, (Canon 1202, )
TITLE XII.
Ecclesiastical Burial.
1046. The bodies of the faithful must be buried; crema
tion is forbidden.
If any one has in any manner ordered his body to be cre
mated, it shall be unlawful to execute the desire; if this order
has been attached to a contract, last will, or any other act, it is
to be considered as not added. (Canon 1203.)
1047. Ecclesiastical burial consists in the transfer of the
body to the church, the funeral services held over the same in
church, and the depositing of it in the place lawfully appointed
for the burial of the faithful departed. (Canon 1204.)
CHAPTER I.
Cemeteries.
1048. The bodies of the faithful are to be buried in a
cemetery which has been blessed according to the rites given in
246 THE NEW CANON LAW
the approved liturgical books, either with the solemn or simple
blessing by the persons mentioned in Canons 1155 and 1156.
In churches bodies shall not be buried except those of resi
dential bishops, abbots or prelates nullius in their own churches,
or of the Roman Pontiff, royal personages and Cardinals. (Canon
1205.)
1049. The Catholic Church has the right to possess her
own cemeteries.
Where this right of the Church is violated without hope of
regaining the same, the Ordinaries should take care that the
cemeteries belonging to the State are blessed, if those to be buried
there are for the greater part Catholics, or at least that the Ca
tholics may have a part of the cemetery reserved for themselves,
which part is to be blessed.
If even that much cannot be obtained, the individual graves
ought to be blessed according to the ritual, each time the body
of a Catholic is buried. (Canon 1206.)
1050. The laws of the Canons concerning the interdict,
violation, and reconciliation of churches, are to be applied also to
cemeteries. (Canon 1207.)
1051. The individual parishes should have their own ceme
teries, unless the Ordinary should appoint one common cemetery
for several parishes.
The exempt religious may have a cemetery of their own,
distinct from the common cemetery.
Also other associations and private families may be per
mitted by the bishop to have a special burial place, apart from
the common cemetery, to be blessed like the cemetery. (Canon
1208.)
1052. In parochial cemeteries the faithful may with the
written permission of the Ordinary, and in cemeteries proper to
some ecclesiastical body with the written permission of the su
perior of that organization, construct for themselves and their
relations special burial places; these they may, with the consent
of the Ordinary or the superior, also convey to others.
The burial place for priests and clerics should, where it can
be done, occupy a space, separate from the laity, in the more
prominent part of the cemetery ; moreover, where it can be con
veniently so arranged, a place should in this space be set apart
for priests, and another for inferior ministers of the Church.
FUNERAL SERVICES 247
The bodies of infants should likewise be buried in a plot
specially set apart for them, if it can be conveniently arranged.
(Canon 1209.)
1053. Every cemetery should be well enclosed on all sides
and carefully guarded. (Canon 1210.)
1054. The Ordinaries of dioceses, and the pastors and su
periors concerned, should see to it that in cemeteries there are not
placed epitaphs, eulogistic inscriptions, and ornaments, out of
harmony with Catholic faith and piety. (Canon 1211.)
1055. Besides the blessed cemetery there should be, if pos
sible, a separate place well enclosed and guarded, where the
bodies of those are to be buried to whom ecclesiastical burial was
denied. (Canon 1212.)
1056. The body should not be buried, especially in cases of
sudden death, until after such a length of time that is sufficient
to remove all doubt of real death. (Canon 1213.)
1057. Without the permission of the Ordinary it shall not
be lawful anywhere to exhume a body which had received by the
Church its final burial.
The Ordinary shall not allow to exhume a body unless it
can with certainty be distinguished from other bodies. (Canon
1214.)
CHAPTER II.
Transfer of the Body to Church, Funeral Services
and Interment.
1058. Unless a grave reason stands in the way, the bodies
of the faithful are to be brought to church, where the funeral
services are to be held according to the rite prescribed in the ap
proved liturgical books. (Canon 1215.)
1059. The church to which the body is to be taken is by
law the church which was the proper parish church of the de
ceased, unless the deceased legitimately elected another church
for his funeral.
If the deceased belonged to several parish churches, the
parish in which he died is entitled to the funeral. (Canon 1216.)
1060. In a doubtful case as to the rights of another church
the right of his own parish church always prevails. (Canon
1217.)
248 THE NEW CANON LAW
1061. If a person died outside his own parish church, the
body is to be brought to his nearest proper parish church for the
funeral services, when the journey can be made on foot without
inconvenience; otherwise to the nearest parish church in the
place where he died.
The Ordinary may for his diocese determine under what
conditions the body is, or is not, to be taken to the proper parish
of the deceased. If the parish where the person died is not in the
same diocese with his own parish, the rules of the Ordinary of
the place where the person died are to be observed.
Though it be inconvenient to take the body to the church
where the funeral should take place, or to the place of burial, the
family, the heirs, and others who are concerned, have the right,
provided they pay the expenses, to take the body to the parish
church of the deceased, or to the church he lawfully chose for his
funeral. (Canon 1218.)
1062. If a Cardinal dies in the City of Rome, the body
is to be transferred for the funeral services to the church which
the Roman Pontiff will appoint; if he dies outside the City, he
is to be buried from the church highest in rank in the place of his
demise, unless he chose another certain church for his funeral.
The funeral of a residential bishop, also of those who are
Cardinals, abbots and prelates nullius, is to take place, if it can
be conveniently done, in the cathedral, abbatial or prelatial
church; if the body cannot be brought there, the church first in
rank in the place where he died is entitled to the funeral. If they
have chosen a church from which they desired to be buried, that
church is entitled to the funeral. (Canon 1219.)
1063. Residential beneficiaries of a church are to be buried
from the church where they hold a benefice, unless they have
chosen another. (Canon 1220.)
1064. Professed religious and novices are to be buried
from the church or oratory of their house, or from any house of
the Order or congregation; novices may choose another church
for their burial. If religious die outside the house, their religious
superior has the right to conduct the funeral procession from the
place where he died to the church where the funeral services are
to take place.
If the religious dies far away from any house of his Order,
and the superior does not wish to transfer the body to a house of
FUNERAL SERVICES 249
the Order, which he is at liberty to do in accordance with Canon
1218, § 3, the religious is to be buried from the parish church
where he died ; a novice may choose another church he prefers.
The rules of this Canon concerning the novices apply also to
servants of the religious who continually live within the enclosure
of the religious house. If they die outside the religious house,
their funeral is regulated by Canons 1216-1218. (Canon 1221.)
1065. The persons who stayed in any religious house or
college either as guests, or for reason of education or health, and
died there, as also those who die in hospitals, arerto be buried
from their own parish church or from the church they chose for
their funeral, according to Canons 1216-1218; unless special law
or privilege demand otherwise. Those who die in the seminary
are, according to Canon 1368, to be buried by the rector who has
parochial rights over the seminarians. (Canon 1222.)
1066. All the faithful, unless they are explicitly forbidden
by law, as for instance professed religious, may choose a church
from which they wish to be buried, as also the cemetery in which
they desire to be interred.
The wife, and children who have reached the age of puberty,
are in this matter of free choice of the funeral church absolutely
independent of the authority of husband and father. (Canon
1223.)
1067. The free choice of the church for their funeral is
forbidden :
1. to children who have not reached the age of puberty.
Parents or guardians may even after the death of these children
choose any church from which they wish to bury them ;
2. to professed religious of any rank or dignity, except
those who are bishops. (Canon 1224.)
1068. The election of a church for the funeral in order to
be valid must needs fall on a church which has a right to perform
funeral services, namely either a parish church or a church of
regulars, or another having this right by special privilege. In
churches of convents of nuns funeral services cannot be held for
outsiders, except of those women who permanently lived within
the enclosure, either as servants, or for reason of education, sick
ness, housing; the patron of a church may be buried from the
church of which he is the patron. (Canon 1225.)
1069. A person may choose church or cemetery either him-
250 THE NEW CANON LAW
self or through another by his command; the election of the
church for the funeral, or the mandate to choose for another,
may be proved in any legal form.
If the election is to be made by another, he may make use of
the mandate even after the death of the person who gave the
mandate. (Canon 1226.)
1070. The religious and the secular clergy are strictly for
bidden to induce any person to vow, or swear, or otherwise
promise, to choose their church or cemetery for burial, or not to
change such election. If the clergy act against this rule, the elec
tion of the dying person is null and void. (Canon 1227.)
1071. If interment in a cemetery other than that of the
proper parish of the deceased was desired by him, he shall be
buried there, if those in charge of the cemetery do not object.
If burial in the cemetery of the religious has been chosen by
the deceased, the consent of the superior entitled by the constitu
tion to grant such permission is required and suffices. (Canon
1228.)
1072. If a person has a burial place of his ancestry and
does not choose another cemetery for burial, he is to be buried
there if his body can be conveniently transferred, or parents,
heirs, etc., wish to transfer him.
The wife shares the burial place of her husband, and, if she
was repeatedly married, that of the last husband.
If there are several burial places of ancestors or of the hus
band, the family of the deceased or the heirs shall select the place
of burial. (Canon 1229.)
1073. The proper pastor of the deceased has not only the
right but also the duty, except in case of grave obstacle, to con
duct the body from the house to the church, and to conduct the
funeral services either in person or through another.
If the person died in the territory of another parish and the
body can be easily brought to the deceased person's own parish
church, the proper pastor may enter the parish of another pastor,
notifying him of the fact, and conduct the funeral procession
to his church.
If the funeral is to take place in a church of regulars, or
another church exempt from the jurisdiction of the pastor, the
proper pastor has the right to conduct the body from the house
to the church under the procession cross of the church which has
FUNERAL SERVICES 251
the funeral. The rector of the church which has been chosen for
the funeral by the deceased conducts the funeral services.
If the church chosen for the funeral is not exempt from the
jurisdiction of the pastor, the celebration of the funeral services
does not belong to the rector of the church, unless he can prove
such right by special privilege, but to the pastor in whose terri
tory the church is situated, provided the deceased was a subject
of the pastor.
The bodies of religious women and of their novices who died
in the house, are carried by the sisters to the limit of the en
closure; from there, if there is question of sisters not subject to
the pastor, the chaplain conducts the body to the church or ora
tory of the convent and conducts the funeral services. If the
sisters are not exempt from the jurisdiction of the pastor, he con
ducts the funeral services. Concerning sisters who die outside
their house the general laws of the Canons shall be observed.
If a Cardinal, or a bishop, die outside the City of Rome in a
city where there is a bishop's see, the first dignitary of the canons
of the cathedral has, according to Canon 397, n. 3, the right to
conduct the funeral.
If a body is sent to a place where the deceased did not have
a parish of his own, nor where he chose a church for his funeral,
the right to conduct all the funeral services, if they are to be held
in that place, belongs to the cathedral church, or where there is
no cathedral church, to the pastor of the church where the ceme
tery in which the body is to be buried is situated, unless the cus
tom of the place or the diocesan statutes ordain otherwise.
(Canon 1230.)
1074. The funeral services having been completed in the
church, the body is to be interred in the cemetery of the same
church, with the ceremonies prescribed by the rubrics of the litur
gical books. The exceptions of Canons 1228 and 1229 in refer
ence to the cemetery are to be observed.
He who conducted the funeral services in church, has also
the right and duty, excepting only a grave case of necessity,
to conduct, either in person or through another priest, the body
to the cemetery. ( Canon 1231.)
1075. The priest who conducts the funeral procession to
the church, or to the cemetery, has the right to pass through the
territory of another parish or diocese with stole and cross, with
out the permission of the pastor or the Ordinary.
252 THE NEW CANON LAW
If the body is to be buried in a distant cemetery, to which
the body cannot conveniently be carried, the pastor or rector who
conducted the funeral cannot claim the right to accompany the
body outside the limits of the city or town. (Canon 1232.)
1076. The pastor cannot without a just and grave reason,
to be approved by the Ordinary, forbid secular clergy, religious
and pious societies invited by the family, or the heirs to assist at
the funeral procession and at the services in church; the clergy
of the church where the funeral services are held should first of
all be invited.
Societies, and emblems, hostile to the church, shall under no
circumstances be permitted at the funeral.
Those who assist at the funeral must respect the orders of
the pastor in the arrangement of the funeral procession, saving
each one's rights of precedence.
The clergy shall never carry the body of any lay person no
matter what dignity he held, or to what family he belonged.
(Canon 1233.)
1077. Ordinaries of dioceses shall, if such does not yet
exist, draw up a schedule of funeral taxes or stipends for their
territory, giving due consideration to the legitimate customs of
particular places and the circumstances of persons and places.
They shall consult the cathedral Chapters, or diocesan consultors,
in making these regulations and if they think it advisable, they
may also consult the deans and the pastors of the episcopal city.
The schedule of taxes should for the various cases determine
with moderation, and in such manner that all occasion for con
tention and scandal is removed, the rights of all concerned.
If in the schedule several classes of funerals are enumerated,
the party who arranges for the funeral is to have a free choice.
(Canon 1234.)
1078. It is strictly forbidden to every one to exact more
than what the diocesan schedule allows for funerals and anni
versaries.
The poor shall be given decent funeral services and burial
free of charge, according to the laws of liturgy and the diocesan
statutes. (Canon 1235.)
1079. Whenever any of the faithful are not buried from
their own parish church, the proper pastor is to receive the pa
rochial portion of the funeral offerings, unless the particular law
BURIAL GRANTED OR DENIED 253
grants a privilege of exemption from this law, or if the deceased
could not conveniently be brought to his parish church.
If a person had several proper parishes, from any of which
he could have easily been buried, and the funeral was held in an
other church, the parochial portion is to be divided between the
various proper pastors. (Canon 1236.)
1080. The parochial portion solely is to be subtracted from
the sum fixed by the diocesan tariff for the funeral services and
burial.
If for any reason on the day of burial there are only minor
functions, and the first solemn service for the deceased is held
within one month from the date of burial, the parochial portion
shall be taken also for that service.
The quantity of the parochial portion is to be fixed by dio
cesan schedule; if the parochial church of the deceased and the
church which has the funeral belong to two different dioceses, the
quantity of the parochial portion is to be reckoned according to
the schedule of the diocese where the funeral takes place. (Canon
1237.)
1081. After the funeral, the minister shall mark down in
the record of the deceased the name and age of the person, the
names of parents or husband, date of death, the priest who ad
ministered the last Sacraments, and what Sacraments were given,
as also time and place of burial. (Canon 1238.)
CHAPTER III.
Persons to whom Ecclesiastical Burial must be Granted
or Denied.
1082. Unbaptized persons must not be buried from a
church, with the exception of catechumens who die without hav
ing, through no fault of theirs, received Baptism, and are there
fore to be counted among those baptized.
All baptized persons are to receive ecclesiastical burial, un
less they are explicitly deprived of it by law. (Canon 1239.)
1083. The following persons are to be deprived of eccles
iastical burial, unless they have before death given some signs of
repentance :
1. notorious apostates from the Christian faith, and per
sons notoriously known to belong to a heretical or schismatical
sect, or to the masons, and other societies of the same kind;
254 THE NEW CANON LAW
2. persons excommunicated or interdicted by condemna
tory or declaratory sentence ;
3. culpable suicides ;
4. those dying in a duel or from wounds received in it ;
5. those who have given orders to cremate their body;
6. all other publicly known sinners.
If in the foregoing cases some doubt arises, the Ordinary
must be consulted if time permits. If the case remains doubtful,
the body should be given ecclesiastical burial but in such a manner
that scandal is avoided. (Canon 1240.)
1084. When ecclesiastical burial had to be denied to a per
son it is also forbidden to have for him any funeral Mass, anni
versary, or other public funeral services. (Canon 1241.)
1085. If it can be done without serious inconvenience, the
body of an excommunicatus vitandus which had, against the laws
of the Canons, been buried in a sacred place, is to be exhumed
with permission of the bishop, and to be buried in that part of the
cemetery which is not blessed. (Canon 1242.)
SECTION II.
Sacred Seasons.
1086. Sacred seasons are the holidays and the days of fast
and abstinence. ( Canon 1 243 . )
1087. The supreme authority of the Church alone has the
right to establish, transfer and abolish holidays of obligation,
and days of fast and abstinence, for the universal Church.
Ordinaries of dioceses can for their territory appoint holi
days of obligation, days of fast and abstinence only per modum
actus, which means temporarily, not perpetually. (Canon 1244.)
1088. Not only the Ordinary but also the pastor may in in
dividual cases and for good reasons dispense individual subjects
or individual families, also outside his territory, and transients
in his territory, from the obligation of keeping the holidays of
obligation, and from fast or abstinence, or from both, fast and
abstinence combined.
Ordinaries may also, for reason of great concourse of people
on some special occasion, or for the sake of public health, dis
pense the whole diocese, or place, from the obligation of fast or
of abstinence, or of both.
HOLIDAYS OF OBLIGATION 255
In clerical exempt religious communities the superiors have
for the religious and all those persons mentioned in Canon 514,
§ 1, the same faculty as pastors. (Canon 1245.)
1089. The time of a holiday of obligation, as well as the
day of fast or abstinence, is to be reckoned from midnight to mid
night. For the gaining of indulgences Canon 923 makes special
provision. (Canon 1246.)
TITLE XIII.
Holidays of Obligation.
1090. Holidays of obligation for the universal Church are
only the following : All the Sundays, the feasts of Christmas, Cir
cumcision, Epiphany, Ascension, Corpus Christi, Immaculate
Conception, Assumption, St. Joseph, SS. Peter and Paul, and,
All Saints'.
The patron feasts are no longer holidays of obligation, but
the Ordinaries of dioceses can transfer the external solemnity to
the next following Sunday.
If any of the above mentioned feasts have been lawfully
abolished or transferred in some country, nothing should be done
concerning these feasts without consulting the Holy See. In the
United States four of these feasts are abolished as holidays of
obligation, namely Epiphany, Corpus Christi, St. Joseph, and SS.
Peter and Paul. ( Canon 1247. )
1091. On holidays of obligation Holy Mass must be heard
and the people must abstain from servile work and from legal ac
tions; and unless legitimate custom or special indults make an
exception, public sales, fairs and other public buying and selling
are forbidden. (Canon 1248.)
1092. One may fulfil the obligation of hearing Mass by as
sisting at Holy Mass celebrated in any Catholic Rite, either in the
open air or in any church, public or semi-public oratory, and in
the private chapels in cemeteries spoken of in Canon 1190; in
the oratories in private houses, however, only those to whom the
privilege is granted by the Holy See can fulfill the duty of hear
ing Mass. (Canon 1249.)
TITLE XIV.
Fast and Abstinence.
1093. The law of abstinence forbids the eating of flesh meat
and of broth made of meat, but does not exclude the use of eggs,
256 THE NEW CANON LAW
milk and the products of milk (namely cheese and butter), and
any seasonings of food, even those made from the fat of animals.
(Canon 1250.)
1094. The law of fasting ordains that only one full meal a
day be taken, but does not forbid a small amount of food in the
morning and in the evening. As regards the kind of food, and
the amount, that may be taken, the approved customs of one's
locality are to be observed.
One may partake of both fish and flesh meat at the same
meal. The full meal may be taken in the evening and the colla
tion at noon. (Canon 1251.)
1095. Abstinence only is enjoined on the Fridays through
out the year.
Fast and abstinence are prescribed on the following days:
Ash Wednesday, the Fridays and Saturdays in Lent, Ember days,
the Vigils of Pentecost, of the Assumption, of All Saints' Day,
and of Christmas Day.
Fast only is ordained for all the other days of Lent.
On Sundays and holidays jf obligation, except on a holiday
in Lent, there is neither fast nor abstinence, and if a vigil that is
a fastday falls on a Sunday the fast is not to be anticipated on
Saturday but is dropped altogether that year. The Lenten fast
and abstinence cease at twelve o'clock noon on Holy Saturday.
(Canon 1252.)
1096. The foregoing Canons make no change in particular
indults; they do not affect the obligations imposed by vow, either
of individual persons or communities, nor alter the constitutions
and rules of religious organizations and approved institutes of
men or women living in community, even those without vows.
(Canon 1253.)
1097. The law of abstinence binds all who have completed
their seventh year of age.
The law of fasting binds all who have completed their
twenty-first year until the beginning of their sixtieth year.
(Canon 1254.)
In the matter of fast and abstinence days there remains some
difficulty (1) in reference to the particular fastdays on Fridays
in Advent which were of obligation in many dioceses in the
United States, and (2) in regard to the faculties of the bishops
for the benefit of soldiers in the army and navy and of working
DIVINE WORSHIP 257
people. A recent decree of the Consistorial Congregation, of
April 25, 1918, seems to indicate that the Holy See desires uni
formity of discipline also in the matter of fast and abstinence.
To that end the rules for abstinence days have been considerably
mitigated and for special occurrences Canon 1245, cited above,
gives to bishops and pastors sufficient power to dispense from
fast and abstinence.
The ten, five, three years' faculties, and the Brief of twenty-
five years' faculties, are specially mentioned by the decree as
abolished. The indult for working people had, moreover, become
unnecessary since the Code makes liberal allowance for the use
of flesh meat in Lent. Soldiers serving in army and navy usually
received in the various countries special concessions, by which
they were obliged to abstain only on a few days in the year from
flesh meat. In the United States there were six of such days,
namely, Ash Wednesday, the last three days of Holy Week and
the vigils of the Assumption of the Blessed Virgin and of Christ
mas. Since it is almost impossible for soldiers in actual service
to observe the law of abstinence, since they have to take the food
dealt out to them, the Holy See will certainly continue to release
them from this law of the Church. This seems also indicated in
number 3 of the decree referred to above, namely, that the con
cessions obtained by the Ordinaries either on account of the
present war, or for reasons of peculiar circumstances, are not in
cluded in this recall of faculties. In the formula of faculties, of
the chaplains in the army and navy of the United States in the
present war the following days are enumerated as fast and ab
stinence days for the men in military service: Ash Wednesday,
Vigil of Christmas, Good Friday and the forenoon of Holy
Saturday.
PART III.
DIVINE WORSHIP.
1098. To the blessed Trinity and to each of the three Per
sons, and to Christ our Lord also under the sacramental species,
is due the cult of latria; to the blessed Virgin Mary the cult of
hyperdulia; to the other saints reigning with Christ in heaven the
cult of dulia.
To sacred relics and images is due the veneration and cult
proper to the person to which the relics and images refer. (Canon
1255.)
258 THE NEW CANON LAW
1099. The cult which is exhibited, and offered to God, or to
the Saints and Blessed, in the name of the Church by appointed
ministers, in the form and manner prescribed by the Church, is
called public, otherwise private. (Canon 1256.)
1100. The Holy See alone has the right to enact the form
of the sacred liturgy, as well as to approve the liturgical books.
(Canon 1257.)
1101. It is unlawful for the faithful to assist in any active
manner, or to take part, in the sacred services of non-Catholics.
Merely passive or material presence may be tolerated on ac
count of a civil office, or for the purpose of showing respect to
persons, to be approved in doubtful cases by the bishop for grave
reasons, at funerals of non-Catholics, at their marriages, and
similar solemnities, provided there is danger of neither perver
sion nor scandal. (Canon 1258.)
1102. Prayers and pious exercises in churches or oratories
shall not be permitted without the revision and express permission
of the bishop of the diocese, who in more difficult cases shall sub
mit the entire matter to the Holy See.
The Ordinary of the diocese cannot approve new litanies to
be recited publicly. (Canon 1259.)
1103. The ministers of the Church must depend solely on
the authority of the ecclesiastical superiors in the exercise of wor
ship. (Canon 1260.)
1104. The Ordinaries should watch that in Divine worship
the rules of the Sacred Canons are faithfully observed, and that
neither in public nor in private worship, nor in the private lives
of the faithful, any superstitious practices are introduced, or any
thing contrary to faith, or to the ecclesiastical tradition, or any
thing that has the appearance of sordid profit-making.
If the Ordinary publishes any regulations concerning these
matters all his subjects are held to observe those rules, even the
exempt religious, and he may visit their churches and public ora
tories for this purpose. (Canon 1261.)
1105. It is to be desired that, in harmony with the ancient
discipline of the Church, the women should in church be separate
from the men.
The men should assist at Divine services, either in church
or outside of it, with uncovered heads, unless the approved cus
toms of the people or peculiar circumstances demand the con-
CULT OF THE BLESSED SACRAMENT 259
trary; the women should assist in modest dress and with heads
covered, especially when they approach the table of the Lord.
(Canon 1262.)
1106. Magistrates may, according to their rank and dig
nity, have a special place in the church, in as far as the liturgical
laws permit this.
Without the explicit permission of the Ordinary none of the
faithful may have a pew in church reserved for himself and his
family; the Ordinary should not give his consent except where
there are enough pews to accommodate the rest of the people.
There is always the tacit understanding in these permissions
that the Ordinary may at any time for a good reason recall the
permission, no matter for what length of time individuals have
held such pews. (Canon 1263.)
1107. Musical compositions rendered either by the organ,
or other instruments, or voice, which contain anything lascivious
and improper must absolutely be kept out of church ; the liturgical
laws concerning sacred music shall be observed.
Religious women, in as far as they are allowed by their con
stitutions and the laws of liturgy and of the bishop to sing in their
own church or public oratory, shall occupy a place where they
cannot be seen by the people. (Canon 1264.)
TITLE XV.
The Keeping and Cult of the Blessed Sacrament.
1108. The Blessed Sacrament may be kept in the following
churches, if there is a person to guard it, and if the priest as a
rule celebrates Holy Mass at least once a week in the place :
1. it must be kept in the cathedral church and in the princi
pal church of an abbey and of a prelacy nullius, vicariate and pre
fecture apostolic, in every parochial and quasi-parochial church,
and in a church attached to houses of exempt religious men and
women ;
2. it may be kept with the permission of the Ordinary in
collegiate churches and in the principal, public or semi-public, ora
tory of religious houses and charitable institutions, as also in ec
clesiastical colleges in charge of either the secular clergy or of
In other churches and oratories it may be kept only by indult
religious.
260 THE NEW CANON LAW
of the Holy See. The Ordinary can for a good reason grant this
permission to a church or public oratory only per modum actus,
that is to say, for a special occasion, not perpetually.
No one is allowed to keep the Blessed Sacrament in his pri
vate house, or to carry it with him when travelling. (Canon
1265.)
1109. The churches in which the Blessed Sacrament is
kept, especially parochial churches, should be open to the faith
ful for at least a few hours each day. (Canon 1266.)
1110. In a religious house, or pious institute, the Blessed
Sacrament cannot be kept except in the church or principal ora
tory, and in the monasteries of nuns with solemn vows it cannot
be kept inside the choir or the enclosure ; all privileges to the con
trary are revoked. (Canon 1267.)
1111. The Blessed Sacrament cannot habitually be kept on
more than one altar of a church.
It should be placed in the most prominent and best orna
mented place in church and, therefore, as a rule on the main al
tar unless another altar is more convenient and appropriate for
the veneration and cult of this great Sacrament. The liturgical
laws concerning the last three days of Holy Week are to be ob
served.
In cathedral, collegiate and conventual churches in which
choral functions are conducted at the main altar, it is, as a rule,
more convenient not to keep the Blessed Sacrament on the main
altar but on a side altar, in order that the Blessed Sacrament may
not be an impediment to such functions.
The rectors of churches should see to it that the altar of the
Blessed Sacrament be above all others decorated and ornamented,
so as to move the faithful to greater piety and devotion. (Canon
1268.)
1112. The Blessed Sacrament must be kept in an immov
able tabernacle, placed in the middle of the altar.
The tabernacle should be beautifully constructed securely
closed on all sides, properly ornamented in accordance with the
liturgical laws, free from all other things, and guarded so well
that there is no danger of profanation.
For a grave reason and with the approval of the bishop it is
lawful to take the Blessed Sacrament out of the tabernacle over
night and to keep it in a safer but decent place on a corporal, and
with a light burning before it.
CULT OF THE BLESSED SACRAMENT 261
The key of the tabernacle in which the Blessed Sacrament
is kept must be most carefully guarded ; this is a grave obligation
of conscience on the part of the priest who has charge of the
church or oratory. (Canon 1269.)
1113. A sufficient number of particles for the Communion
of the sick and of the faithful in general shall always be kept in
a pyx of solid and respectable material, and it must be kept clean
and well covered, and veiled with a veil of white silk. (Canon
1270.)
1114. Before the tabernacle in which the Blessed Sacra
ment is kept, there should burn at least one lamp day and night
fed either with olive oil or bee's wax. Where olive oil is not
easily obtainable, the bishop may according to his prudent judg
ment allow the use of other oils, which should, as far as possible,
be vegetable oils. (Canon 1271.)
1115. The consecrated hosts, either for the Communion
of the faithful or for the exposition of the Blessed Sacrament
must be fresh and are to be renewed frequently, consuming the
consecrated species as prescribed, so that there may be no danger
of corruption. The instructions of the Ordinary in this matter
must be faithfully observed. (Canon 1272.)
1116. Those whose work it is to give religious instruction
to the faithful, shall not neglect to excite in their minds devotion
towards the Blessed Eucharist and to admonish them to assist at
Holy Mass and to visit the Blessed Sacrament not only on Sun
days and holidays of obligation, but also frequently during the
week. (Canon 1273.)
1117. In churches and oratories that have received per
mission to keep the Blessed Sacrament, private exposition, that
is to say with the ciborium, can be held for any good reason also
without permission of the Ordinary. Public exposition, that is
to say, with the ostensorium, may be held in all churches on the
feast of Corpus Christi and during the octave, both during Holy
Mass and at vespers. At other times, public exposition may be
held only for good and serious reasons, with permission of the
bishop, and this permission is required also in churches of ex
empt regulars.
The exposition and reposition of the Blessed Sacrament may
be done by either priest or deacon ; the priest only can give bene
diction with the Blessed Sacrament ; the deacon is not allowed to
262 THE NEW CANON LAW
give it except in the case where he, according to Canon 845, § 2,
takes the holy viaticum to the sick. (Canon 1274.)
1118. The Forty Hours' Devotion shall as solemnly as
possible be celebrated in all parochial and other churches where
the Blessed Sacrament is habitually preserved on the days fixed
by the bishop. Where the exposition cannot without great in
convenience or danger of irreverence be continued day and night
for forty consecutive hours, the Ordinary should arrange that
the exposition is held for several hours of the day on certain
days, (Canon 1275.)
TITLE XVI
The Cult of the Saints, of Sacred Images and Relics.
1119. The veneration of the servants of God reigning with
Christ, and of their relics and images, is good and useful; all the
faithful should above all honor with filial affection the blessed
Virgin Mary. (Canon 1276.)
1120. Only those servants of God may be publicly vene
rated who have been inserted by the Church in the catalog of the
Saints or Blessed.
Those proclaimed Saints by the Church are to receive the
cult of dulia, and they may be honored throughout the universal
Church with any of the acts of that form of worship; the
Blessed, however, cannot be venerated publicly except in the
places and in the form specified by the Roman Pontiff. (Canon
1277.)
1121. The Saints of nations, dioceses, provinces, confra
ternities, religious organizations, and of other places and organi
zations, may laudably be chosen as patrons, and when the Holy
See confirms such election they are constituted as the patrons;
the Blessed cannot be chosen without a special indult of the Holy
See. (Canon 1278.)
1122. No one is without the approval of the Ordinary al
lowed to place, or cause to be placed, in any church including
those exempt, or in any other sacred places, an unusual picture.
The Ordinary shall not approve sacred images, to be ex
posed to the veneration of the faithful, that do not agree with
the approved usage of the Church.
The Ordinary shall not allow in church and other sacred
THE CULT OF THE SAINTS 263
places representations which are dogmatically incorrect, or are
not executed with proper decency and respect, or may give to
ignorant people an occasion of error.
If the images exposed for public veneration are to be
solemnly blessed, such blessing is reserved to the Ordinary, who
may, however, delegate a priest for that purpose. (Canon
1279.)
1123. Precious images, that is to say, such that are valu
able for their antiquity, art or veneration, and exposed for public
worship of the faithful in churches and public oratories, must,
when in need of repair, not be restored without the written con
sent of the Ordinary, who shall, before giving the permission,
consult experts in the matter. (Canon 1280.)
1124. Prominent relics and images of great value, and any
relic or image which are honored by great veneration of the
people, cannot validly be given away, nor be perpetually trans
ferred to another church, without permission of the Holy See.
Prominent relics of Saints or Blessed are the entire body,
or the head, arm, forearm, heart, tongue, hand, leg, or that part
of the body in which the martyr suffered, provided it be entire
and not small. (Canon 1281.)
1125. Prominent relics of Saints or Blessed may not be
kept in private houses and private oratories without explicit per
mission of the Ordinary.
Small relics may be kept with due honor in the houses of the
faithful, or carried on their persons. (Canon 1282.)
1126. Only those relics may be exposed to public venera
tion in any, even exempt, churches which are authenticated by
document of a Cardinal, or the bishop of the diocese, or by an
other ecclesiastic who has by Apostolic indult the faculty to au
thenticate relics.
The vicar general cannot authenticate relics without a spe
cial mandate of the Ordinary. (Canon 1283.)
1127. The local Ordinaries should prudently withdraw
from the veneration of the people relics which they do not know
with certainty to be genuine. (Canon 1284.)
1128. If the document of authentication of sacred relics
has been lost through civil disturbances, or for any other cause,
the relics must not be exposed to public veneration until the
264 THE NEW CANON LAW
bishop has given his approval ; the vicar general requires a special
mandate of the Ordinary to act in this matter.
Relics venerated from ancient times are to continue to re
ceive the same veneration, unless in some particular case it is
known with certainty that they are false or supposititious.
(Canon 1285.)
1129. The local Ordinaries shall forbid the discussion of
questions concerning the authenticity of sacred relics, especially
by words exciting ridicule and contempt of educated people, in
sermons, books, papers and magazines intended for devotional
purposes, when their authenticity is objected to from mere con
jecture, or only probable reason, or prepossessed opinions.
(Canon 1286.)
1130. Relics that are to be exposed must be enclosed in a
case and sealed.
Relics of the Holy Cross must never be exposed to the vene
ration of the public enclosed in the same case with relics of the
Saints, but must be placed in a separate case.
The relics of the Blessed must not without special indult be
carried in processions, nor exposed in any other churches than
those to which the Holy See has given the faculty to say their
office and Mass. (Canon 1287.)
1131. The relics of the Holy Cross which the bishop may
have in his pectoral cross become the property of the cathedral
church at his death, to be transmitted to the succeeding bishop.
If the deceased bishop had the government of several dioceses,
the relic is to belong to the cathedral church of the diocese in
which he died; if he died outside the diocese, to that diocese from
which he last departed. (Canon 1288.)
1132. It is forbidden to sell sacred relics. The Ordinaries,
deans, pastors and others having the care of souls shall watch
that the sacred relics, especially those of the Holy Cross, are not
sold together with the inheritance and with sale of other goods,
nor pass into the hands of non-Catholics.
The rectors of churches, and others whose duty this is, shall
zealously watch that the relics are not in any way profaned, or
are lost through carelessness of people, or are kept in a manner
showing want of proper respect. (Canon 1289.)
SACRED PROCESSIONS 265
TITLE XVII.
Sacred Processions.
1133. By the term sacred processions are meant the solemn
supplications made marching in order under the leadership of
the clergy from one sacred place to another for the purpose of
stirring up the devotion of the people, or to commemorate God's
benefits and to thank Him, or to implore Divine help.
Ordinary processions are those held on fixed days of the
year according to the rules of the liturgical books or the custom
of the churches; extraordinary those appointed on other days
for some public cause. (Canon 1290.)
1134. Unless immemorial custom or the circumstances of
places demand, in the judgment of the bishop, otherwise, there
shall be but one solemn and public procession through the streets
of a town or city on the feast of Corpus Christi, to be held by
the church first in rank of dignity. In this procession must take
part all the secular clergy and the religious communities of men,
also the exempt religious, and the confraternities of laymen.
Regulars who perpetually live in strict enclosure, and those who
are more than three miles from the town or city, need not come
to the procession.
The other parishes and churches, secular or religious, may
during the octave institute their own processions outside their
church; where there are several churches, the Ordinary shall ap
point for each the day, hour and course of the procession.
(Canon 1291.)
1135. The Ordinary with the advice of the cathedral Chap
ter may for a public cause order extraordinary processions, at
which, the same as at ordinary ones, all those spoken of in
Canon 1291, § 1, must take part. (Canon 1292.)
1136. The religious, exempt or non-exempt, cannot hold
processions outside their churches and cloister without the per
mission of the Ordinary, with the exception of the Corpus Christi
procession spoken of in Canon 1291, § 2. (Canon 1293.)
1137. Neither the pastor nor anyone else is allowed with
out permission from the bishop to introduce new processions or
to change or abolish the usual ones.
At the processions proper to any church all the clergy at
tached to that church must be present. (Canon 1294.)
266 THE NEW CANON LAW
1138. The Ordinary shall see to it that the processions are
performed in good order, stopping all abuse that might have
crept in, so that in these pious and religious acts proper sobriety
and reverence may be observed by all. (Canon 1295.)
TITLE XVIII.
Sacred Utensils.
1139. The sacred utensils, specially those which are
blessed or consecrated for use in the public worship of the
Church, are to be carefully guarded in the sacristy of the church,
or in another safe and decent place, and must not be used for
profane purposes.
As prescribed by Canon 1522, § 2, § 3, an inventory shall
be made and carefully kept of all the sacred utensils.
The material and form of the sacred utensils must be in
conformity with the liturgical laws, with ecclesiastical tradition,
and, as far as possible, with the laws of sacred art. (Canon
1296.)
1140. Those who are, according to Canon 1186, obliged
to attend to the repairs of the church edifice are also to provide
the necessary utensils for Divine worship, unless other pro
visions are made. (Canon 1297.)
1141. The sacred utensils, and all other objects per
petually destined for Divine worship, in the possession of a de
ceased Cardinal, who had his domicile in the City of Rome
though he was a suburban bishop or an abbot nullius, belong to
the papal treasury, no matter by what kind of revenue they were
acquired, unless the Cardinal donated or willed them by testa
ment to some church, public oratory, pious institution, or to an
ecclesiastical or religious person. The rings and pectoral crosses,
also those with sacred relics, are excepted from this rule.
It is to be desired that the Cardinal who wishes to make
use of the faculty to donate or will his sacred utensils, should
leave at least a part of them to the churches of which he held
the title, administration or trust. (Canon 1298.)
1142. The sacred utensils of a deceased residential bishop,
though vested with the Cardinalitial dignity, accrue to his cathe
dral church, with the exception of the rings and pectoral crosses
with or without relics, and all sacred utensils of any kind which
SACRED UTENSILS 267
can be proved to have been acquired by the deceased bishop with
other than the funds of the diocese, and have not been turned
over to the proprietorship of the church. The pectoral cross
with relics of the Holy Cross must, according to Canon 1288,
remain with the bishop's see for the use of the succeeding bishop.
If the deceased bishop ruled two or more dioceses in suc
cession, or at the same time presided over two or more dioceses
which had been united, or which were given to him for per
petual administration, each diocese having its own proper cathe
dral church, the sacred utensils of the bishop that are known to
have been acquired by the funds of one only of these dioceses
accrue to the cathedral of that diocese; otherwise they must be
equally divided between the various cathedral churches, provided
the revenues of the dioceses are not divided, but constitute per
petually only one mensa episcopalis; if the revenues of each
cathedral are kept separate, the sacred utensils are to be divided
between the several cathedral churches in proportion to the
amount of revenue the bishop received from each church, and the
length of time he presided over the churches.
The bishop is obliged to make an inventory in authentic
form of the sacred utensils in which he should truthfully state
when they were acquired, and point out distinctly those utensils
which he did not obtain by church funds, but either bought with
his own money or acquired by personal donations ; otherwise the
law presumes that all were acquired by church funds. (Canon
1299.)
1143. The ruks of the preceding Canon are also to be
applied to a cleric who obtained a secular or religious benefice in
any church. (Canon 1300.)
1144. Cardinals, residential bishops and all other clerics
are bound to take care that by a last will, or other document
drawn up in the form recognized by civil law the canonical laws
laid down in Canons 1298-1300 may have effect also in the civil
courts.
Wherefore they shall in good time appoint, in a manner
recognized by civil law, a person, according to Canon 380, who
at their death shall take possession not only of the sacred uten
sils, but also of all books, documents, and all other goods belong
ing to the church, found in their house, and send them where
they belong. (Canon 1301.)
268 THE NEW CANON LAW
1145. The rectors of churches and all others to whom the
care of sacred utensils is entrusted shall see to it that they are
kept in good condition. (Canon 1302.)
1146. The cathedral church must furnish the bishop gra
tuitously with the sacred utensils and all other objects he needs
for the celebration of Holy Mass, and of other pontifical func
tions, even when he celebrates privately, not only in the cathe
dral church, but also in other churches of the episcopal city or
its suburbs.
If a church is very poor the Ordinary can permit that a
moderate fee is demanded of priests saying Holy Mass there, to
cover the expenses for the sacred utensils and other things needed
for Holy Mass.
The bishop, or by special mandate the vicar general and
vicar capitular, has the right to define the amount of the fee and
no one, not even exempt religious, are allowed to demand more.
The bishop should, if possible, define the fee for the whole
diocese at the time of the synod, otherwise outside the synod
with the advice of the Chapter. (Canon 1303.)
1147. The power of blessing those sacred utensils which
must, according to the liturgical laws be blessed before they are
used for their proper purpose, is given to :
1. all Cardinals and bishops;
2. local Ordinaries not having episcopal consecration, for
the churches and oratories of their own territory;
3. pastors for the churches and oratories within the limits
of their parish, and rectors of churches for their churches ;
4. priests delegated by the Ordinary, within the limits of
the delegation and the jurisdiction of the delegating Ordinary;
5. religious superiors, and priests of the same Order dele
gated by them, for their own churches and oratories, and for the
churches of the nuns subject to them. (Canon 1304.)
1148. Sacred utensils that have been blessed or consecrated
lose their blessing or consecration :
1. if they suffered such damage or change that they lost
their original shape and are no longer fit for their purpose ;
2. if they have been used for unbecoming purposes, or
have been exposed for public sale.
Chalice and paten do not lose their consecration by the wear
ing off or renewal of the gold plating, saving the grave obliga-
VOW 269
tion of having the gold plating renewed when worn out. (Canon
1305.)
1149. Care must be taken that the chalice and paten, and
unwashed purificators, palls and corporals, are not touched ex
cept by clerics or those who have the custody of these utensils.
The purificators, palls and corporals used in the Holy Mass
shall not be given to lay persons, even religious, to be washed
until they have first been washed by a cleric in major orders ; the
water of the first washing shall be poured into the sacrarium,
or, if there is none, into the fire. (Canon 1306.)
TITLE XIX.
Vow and Oath.
CHAPTER I.
Vow.
1150. A vow is a free and deliberate promise to God of
something possible and better, and it imposes an obligation by
reason of the virtue of religion.
All persons having sufficient use of reason in proportion
to the object of the vow, may make a vow unless they are forbid
den by law.
A vow made from grave, unjust fear is invalid by the very
fact. (Canon 1307.)
1151. A vow is called public, if it is accepted in the name
of the Church by a legitimate ecclesiastical superior; otherwise
it is private;
Solemn, if recognized as such by the Church; otherwise it
is simple;
Reserved, if dispensation from it can be given only by the
Holy See;
Personal, if an act of the person making the vow is prom
ised; Real, if some object is promised; Mixed, if it partakes of
the nature of both, personal and real vow. (Canon 1308.)
1152. Of private vows there are reserved to the Holy See
these two: the vow of perfect and perpetual chastity, and, the
vow to enter a religious Order in which solemn vows are taken,
if they are made unconditionally, and after the completion of
the eighteenth year of age. (Canon 1309.)
270 THE NEW CANON LAW,
1153. By virtue of a vow no one else except the one
making the vow is held.
The obligation of a real vow goes over to the heirs, as also
the mixed vow to the extent as it is real. (Canon 1310. )
1154. The vow ceases in the following cases : when the time
expires which was annexed to it for the finishing of the obliga
tion; by substantial change of the object which was promised; by
cessation of the condition on which a vow was made dependent
or its final purpose; by irritation, dispensation, commutation.
(Canon 1311.)
1155. He who has dominative power over the will of the
person making a vow, can annul his or her vows validly, and for
good cause also licitly, so that its obligation does in no way re
vive afterwards.
He who has not indeed power over the will of another, but
over the matter which is made the object of the promise, can sus
pend the obligation of the vow for such a length of time as the
fulfilment of the vow would be to his prejudice. (Canon 1312.)
1156. Vows which are not reserved, and the dispensation
from which does not injure the acquired rights of a third party,
may for good reason be dispensed with :
1. by the Ordinary of the diocese, who can dispense all his
subjects and the pcregrini;
2. the religious superior in clerical exempt religious com
munities, who dispenses his subjects in the Order, and all those
habitually living under the same roof with his religious ;
3. persons delegated by the Holy See to dispense from
vows. (Canon 1313.)
1157. The good work promised in a non-reserved vow can
be commuted into a better, or an equal one, by the individual him
self who made the vow; but for changing it into a lesser work
the power of dispensation is required, according to the rules of
the foregoing Canon. (Canon 1314.)
1158. Vows made before entering a religious community
are suspended as long as the person remains in the religious life.
(Canon 1315.) CHAPTER n<
Oath.
1159. An oath, which is an invocation of the Divine name
in witness of the truth, cannot be taken except with truth, judg
ment and justice.
OATH 271
An oath which the Canons demand or permit cannot validly
be taken by proxy. ( Canon 1316.)
1160. The person who freely takes an oath to do some
work is held by the special obligation of religion to do what he
has promised under oath.
An oath exacted by violence or grave fear is valid, but it
may be released by the ecclesiastical superior.
An oath, made without violence or deceit, by which a per
son renounces some private good or favor given him by the law
itself must be observed whenever it does not involve the ruin of
the soul . ( Canon 1317.)
1161. A promissory oath follows the nature and conditions
of the act to which the oath is added.
If an act involving directly the damage of others, or the
prejudice of the common weal, or eternal salvation, is confirmed
by an oath, the act does not thereby acquire any firmness. (Canon
1318.)
1162. The obligation induced by a promissory oath ceases :
1. if it is released by him in whose favor the oath was
made;
2. if the object promised by oath has changed substantially,
or if, on account of changed circumstances the oath becomes
either sinful or altogether a matter of indifference, or, finally,
if it impedes a higher good ;
3. if the final purpose or the condition under which the
oath was taken ceases ;
4. by annulment, dispensation, commutation, according to
Canon 1320. (Canon 1319.)
1163. Those who have the power to annul, dispense, com
mute vows, have the same power also over a promissory oath;
if, however, the dispensation from an oath turns to the prejudice
of others who are not willing to remit the obligation, the Holy
See alone can dispense from such an oath for reason of the neces
sity or utility of the Church. (Canon 1320.)
1164. An oath must be strictly interpreted, according to
law, and the intention of the person taking the oath, or, if he
should act with deceit, according to the intention of the one to
whom the oath was made. (Canon 1321.)
272 THE NEW CANON LAW,
PART IV.
THE TEACHING AUTHORITY OF THE CHURCH.
1165. The Lord Jesus Christ confided to the Church the
deposit of faith, in order that she, with the perpetual assistance
of the Holy Ghost, may faithfully preserve and expound the re
vealed doctrine.
The Church has independently of any civil power the right
and the duty to teach all nations the evangelical doctrine ; and all
are bound by Divine law to learn this doctrine, and to embrace
the true Church of God. (Canon 1322.)
1166. By Divine and Catholic faith must be believed all
those truths contained in the written or traditional Word of God,
and which are either in solemn judgment or by the ordinary and
universal teaching authority, proposed to our belief by the
Church, as Divinely revealed truths.
The solemn judgment in this matter is reserved either to a
General Council, or to the Roman Pontiff speaking ex cathedra,
that is to say, in his supreme, teaching authority.
No part of the religious teaching is to be understood as dog
matically declared and defined, unless such declaration or defini
tion is clearly known to have been made. (Canon 1323.)
1167. It is not sufficient to avoid heretical error, but also
all those errors which more or less approach heresy. Wherefore
all constitutions and decrees by which the Holy See has con
demned and prohibited such false opinions must be observed.
(Canon 1324^)
1168. The faithful are in conscience obliged to profess
their faith publicly whenever their silence, subterfuge, or manner
of acting, imports an implicit denial of their faith, a contempt
of religion, or an insult to God, or scandal to the neighbor.
A baptized Christian, who calls himself a Christian, yet
obstinately denies or calls into doubt any of the truths to be
believed by Divine and Catholic faith, is a heretic; if he aban
dons the Christian faith altogether he is called an apostate; if,
finally, he refuses to be subject to the Supreme Pontiff, or to have
communication with the members of the Church subject to the
Roman Pontiff, he is a schismatic.
The Catholics shall not enter into any dispute or confer
ences with non-Catholics, especially public ones, without permis-
PREACHING OF THE WORD OF GOD 273
sion of the Holy See, or, in urgent case, of the Ordinary. (Canon
1325.)
1169. The bishops also, though not possessing, either indi
vidually nor in particular councils, the authority of infallible
teachers, are, under the authority of the Roman Pontiff, truly
doctors and teachers for the faithful committed to their care.
(Canon 1326.)
TITLE XX.
Preaching of the Word of God.
1170. The office of preaching the Catholic faith is prin
cipally committed to the Roman Pontiff for the universal Church,
and to the bishops for the subjects of their diocese.
The bishops are bound to preach in person the holy Gospel,
unless they are legitimately impeded ; in addition they must em
ploy, besides the pastors, the help of other qualified persons for
the salutary fulfilment of the office of preaching. (Canon 1327.)
1171. No one is allowed to exercise the ministry of preach
ing unless he has received commission from the legitimate su
perior, by special faculty or by appointment to an office to which
the office of preaching is attached by the sacred Canons. (Canon
1328.)
CHAPTER I.
Catechetical Instruction.
1172. It is the proper and most serious office of the pastors
of souls to attend to the catechetical instruction Of the Christian
people. (Canon 1329.)
1173. The pastor must:
1. at stated times each year prepare, by instructions on
several days in succession, the children for the reception of the
Sacraments of Penance and Confirmation;
2. prepare the children with all possible care, preferably
in Lent if nothing stands in the way, to receive first holy Com
munion worthily. (Canon 1330.)
1174. Besides the instructions for first holy Communion,
spoken of in the preceding Canon, the pastor shall instruct more
fully in Christian doctrine the children who recently made their
first Communion. (Canon 1331.)
1175. On Sundays and other holidays of obligation the
274 THE NEW CANON LAW,
pastor must at an hour more convenient for the majority of
the faithful give catechetical instruction to the adults, in such a
form as is best suited to their capacity. (Canon 1332.)
1176. The pastor must, for the purpose of religious in
struction of the children, if he is legitimately impeded, employ
the help of other priests in the parish, and also, if necessary, of
pious lay people, especially those who belong to the sodality of
Christian Doctrine, or a similar society established in the parish.
The priests and other clerics, unless excused by legitimate
impediment, must assist their own pastor in this most holy work,
and they can be commanded to do so by the Ordinary, also under
threat of ecclesiastical penalties. (Canon 1333.)
1177. If according to the judgment of the bishop the help
of the religious is deemed necessary for the catechetical instruc
tion of the people, the religious superiors, even though exempt,
are obliged, when so requested by the bishop, to give catechetical
instruction either in person or through their subjects, especially
in their own churches, without, however, any detriment to re
ligious discipline. (Canon 1334.)
1178. Not only the parents, but also all others holding the
place of the parents, also masters and God-parents, are obliged in
conscience to see to it that those subject or commended to them
receive catechetical instruction. (Canon 1335.)
1179. Local Ordinaries have the right to pass regulations
concerning the teaching of Christian doctrine to the people, and
exempt religious are also bound to observe those rules whenever
they teach non-exempt persons. (Canon 1336.)
CHAPTER II.
Sacred Preaching.
1180. The faculty of preaching, for the secular clergy as
well as for the non-exempt religious, can be given only by the
local Ordinary in his diocese. (Canon 1337.)
1181. If a sermon is to be given only to the exempt re
ligious and to persons of their household, the religious superior
of a clerical exempt community, who has this right according to
the constitutions, grants the faculty ; he can also give this faculty
to secular priests, and to those of another Religious Order, pro
vided they have been declared qualified by their Ordinary or by
their religious superior.
SACRED PREACHING 275
If a sermon is to be given to others, also to nuns subject to
the regulars, the faculty of preaching must be obtained, by both
secular and exempt religious priests, from the Ordinary of the
place where the sermon is to be given; the preacher who is to
address exempt nuns needs, moreover, the permission of their
religious superior.
The faculty of preaching to the members of an exempt
laical Order is to be given by the Ordinary; the preacher can
not make use of his faculty without the assent of the religious
superior. (Canon 1338.)
1182. The local Ordinaries should not without grave rea
son refuse to give the faculty of preaching to those religious who
are presented by their superior, nor recall the faculty which was
granted, especially not for all the priests of one community at
the same time. The rule of Canon 1340, however, is to observed.
Religious priests are not allowed to make use of the faculty
of preaching without the permission of their superior. (Canon
1339.)
1183. The Ordinary, and the religious superior are, under
grave obligation of conscience, forbidden to give faculty or per
mission to preach except to priests of good moral standing and
of sufficient knowledge to be ascertained by examination, as de
manded by Canon 877, § 1.
If after giving faculty or permission, they find that the
preacher is lacking the necessary qualifications, they must recall
the faculty; when doubt arises as to the necessary knowledge,
they must make sure of it, even by a new examination, if
necessary.
In the case of deprivation of the faculty of preaching re
course to the higher superiors is permitted, but no appeal in sus-
pensivo, which means to say that the order of the superior must
be obeyed in the meantime. (Canon 1340.)
1184. Priests of another diocese, seculars as well as re
ligious, shall not be invited to preach unless permission has first
been obtained from the bishop of the place where the sermon is
to be given. The bishop, unless the priest is otherwise known to
him, shall not give faculty to preach unless he has first received
from his Ordinary a good testimonial concerning the knowledge,
piety, and good character of the preacher; the Ordinary giving
the testimonials is bound by serious duty of conscience to make
a truthful statement.
276 THE NEW CANON LAW
The pastor must apply for the faculty in good time when
there is question of the parochial or another church subject to
him; in a church exempt from the jurisdiction of the pastor, the
rector; and if there is question of a capitular church the first
dignity of the Chapter with the consent of the Chapter; and the
director or chaplain of a confraternity if it has a church of its
own.
If the parochial church is at the same time the proper church
for a Chapter or confraternity, the priest who, by right performs
the sacred functions is to apply for the faculty of an outside
preacher. (Canon 1341.)
1185. The faculty of preaching should be given only to
priests or deacons, not, however, to other clerics unless the bishop
see fit to grant it in individual cases.
All laymen, even religious, are forbidden to preach in
church. (Canon 1342.)
1186. The Ordinaries of places have the right to preach
in any church of their territory, not excluding exempt churches.
Unless the city is very large, the bishop can forbid sermons
to the people in other churches of the town or city at the time
when he either himself preaches, or has a sermon preached in his
presence on some public and extraordinary occasion. (Canon
1343.)
1187. On Sundays and holidays of obligation throughout
the year it is the duty of the pastor to preach to the people the
Word of God in the customary homily, especially during the
Holy Mass in which the attendance of the people usually is more
numerous.
The pastor cannot fulfil this obligation habitually through
another priest, unless he has a just excuse, to be approved by the
bishop.
The Ordinary may permit that on the more solemn feasts,
and for a good reason also on some Sundays, the sermon is
omitted. (Canon 1344.)
1188. It is to be desired that in all churches and public
oratories where people assist at Holy Mass on Sundays and holi
days of obligation a short explanation of the holy Gospel, or
on any other point of Christian doctrine, be given to the people;
if the Ordinary has given orders concerning this affair they must
be obeyed, not only by the secular clergy, but also by non-exempt
and exempt religious in their own churches. (Canon 1345.)
SACRED MISSIONS 277
1189. Local Ordinaries shall attend to it that during the
Lenten season, and also, if they judge it useful, during Advent,
sermons are more frequently given in cathedral and parochial
churches.
The canons and others belonging to the cathedral Chapter
shall be obliged to be present at these sermons if they are held
immediately after the choir services, unless they are detained else
where for good reasons; the Ordinary can oblige them to be
present even under canonical penalties. (Canon 1346.)
1190. In the sacred sermons there should be explained
above all else the things which the faithful must believe and do
to save their souls.
The preachers of the word of God should abstain from pro
fane arguments or arguments so deep as to exceed the common
understanding of their hearers ; and they should not exercise the
evangelical ministry in skilled words of human wisdom, nor with
a profane demonstration of vain and ambitious eloquence, but
in the power and strength of the spirit of God, not preaching
themselves but Christ crucified.
If it should unfortunately happen that a preacher dissemi
nates errors and scandals he shall be forbidden to preach, to hear
confessions or to exercise any office of teaching; if his preaching
is heretical, he should be dealt with according to the rules of law.
(Canon 1347.)
1191. The faithful are to be zealously admonished to be
frequently present at sermons. (Canon 1348.)
CHAPTER III.
Sacred Missions.
1192. The Ordinaries should insist that the pastors have a
mission given to their parishioners at least once in ten years.
The pastors, not excluding those of Religious Orders, are
held to obey the Ordinary's regulations concerning these mis
sions. (Canon 1349.)
1193. Local Ordinaries and pastors should interest them
selves in the welfare of the souls of the non-Catholics in their
dioceses and parishes.
In other territories the entire care for the missions among
non-Catholics is exclusively reserved to the Holy See. (Canon
1350.)
278 THE NEW CANON LAW
1 194. Nobody must be forced to embrace the Catholic faith
against his will. (Canon 1351.)
TITLE XXI.
Seminaries.
1195. It is the proper and exclusive right of the Church to
educate the men who desire to give themselves to the ecclesiastical
ministry. (Canon 1352.)
1196. The priests, specially the pastors, should give atten
tion to boys who show signs of ecclesiastical vocation, and take
pains to keep them from the contamination of the world, instruct
them in piety, give them the first lessons in the study of letters,
and foster the seed of vocation in them. (Canon 1353.)
1197. In every diocese the bishop shall erect in a suitable
place a seminary or college, in which, according to the means and
the requirements of the diocese a certain number of young men
are to be educated for the clerical state.
Care should be taken to have, especially in large dioceses,
two seminaries, a minor seminary for the boys for the study of
letters and sciences, and a major seminary for the study of phi
losophy and theology.
If a diocesan seminary cannot be erected, or if in such a
seminary a regular course in philosophy and theology cannot be
given, the bishop should send the students to an outside seminary,
unless there is an interdiocesan, or provincial, seminary erected
by the authority of the Holy See. (Canon 1354.)
1198. If there are no proper revenues for the building and
maintenance of the seminary and the students, the bishop can:
1. order the pastors and rectors of churches, also the
exempt ones, to take up at stated times a collection for that pur
pose;
2. impose a seminary tax ;
3. if these means are not sufficient, he may annex some
simple benefices to the seminary. (Canon 1355.)
•
1199. The seminary tax or assessment must be paid by the
mensa episcopalis, by all benefices, including those of regulars and
those over which some one has the right of patronage, by all
parishes and quasi-parishes, though they have no other revenue
than the offerings of the faithful, by hospitals erected by eccles-
SEMINARIES 279
iastical authority, by sodalities canonically erected, and by church
buildings which have their own revenue, and by every religious
house though exempt, unless the religious live solely on alms or
have actually in their houses a college for pupils or teachers for
the common weal of the Church. All contrary custom is dis
approved and every kind of contrary privilege is recalled, and
no appeal granted.
This assessment must be general, and of the same percent
age for all churches and institutions subject to the tax, and may
be larger or smaller, according to the needs of the seminary. The
annual tax must not exceed 5 per cent, of the income, and it is to
be lowered as the revenue of the seminary increases.
The taxable income is that which remains over and above
at the end of the year, after the obligations and necessary ex
penditures have been paid. In benefices of cathedral or collegiate
churches, where the members of the cathedral or collegiate Chap
ter receive daily distributions besides the regular revenue of their
benefice, the daily distributions are not taxable; if the benefice
consists only of the daily distributions, the third part of them is
taxable. In parishes the offerings of the faithful are not taxable
revenue of the parish, unless the parish has no other revenue than
the offerings of the faithful, in which case one-third of the offer
ings is taxable. (Canon 1356.)
1200. The bishop has the right to pass regulations for the
proper administration, government and progress of the diocesan
seminary and to enforce these regulations, saving the rules which
the Holy See may have laid down for special cases.
The bishop should take special care to frequently visit the
seminary himself, watch over the manner in which secular and
ecclesiastical sciences are taught, and obtain personal knowledge
of the vocation and character and standing in studies of the
pupils, especially at the time of ordinations.
Every seminary shall have its laws approved by the bishop,
in which regulations are given both for the students and for the
professors of the seminary.
The interdiocesan, or provincial, seminary shall be governed
and administrated according to the laws passed by the Holy See.
(Canon 1351.)
1201. In every seminary there must be a rector for the gov
ernment of the house, professors, an economic distinct from the
280 THE NEW CANON LAW.
rector for the administration of the temporalities, at least two
ordinary confessors, and a spiritual director. (Canon 1358.)
1202. There should be appointed two boards for each sem
inary, one for discipline, the other for the administration of the
temporal goods.
Each board is to consist of two priests chosen by the bishop
with the advice of the Chapter or of the diocesan consultors; the
vicar general, priests living in the bishop's house, the rector of
the seminary, the economus, and the ordinary confessors, are
excluded from either board.
The office of the members of the two boards lasts for six
years, and those appointed should not be removed without a seri
ous cause; they may be re-appointed.
The bishop must consult the boards in affairs of importance.
(Canon 1359.)
1203. To the office of rector, spiritual director, confessor,
and professor of the seminary, are to be appointed men qualified
for these offices not only by their learning, but also by virtue
and discretion, so that they may in word and deed be an example
to the alumni. According to Canon 891 the rector may not be
confessor for the seminarians.
The rector of the seminary must be obeyed by all in the exer
cise of his office. (Canon 1360.)
1204. Besides the ordinary confessors, other confessors
should be appointed, to whom the seminarians may freely go to
confession.
If these confessors live outside the seminary, and the student
requests the rector to call one of them to hear his confession, the
rector is forbidden in any way to inquire for the reason why
or to show displeasure. If the confessors live in the seminary,
the seminarians may freely approach them, saving the discipline
of the seminary.
When there is question of admitting a seminarian to orders,
or of dismissing him from the seminary, the vote of the con
fessor must never be asked. (Canon 1361.)
1205. The income derived from legacies for the education
of clerics may be used in favor of alumni of the minor as well
as the major seminary, though they are not as yet clerics properly
so-called by reception of the tonsure, unless the terms under
which a legacy was left to the seminary explicitly restricts the
use of the money to clerics proper. (Canon 1362.)
SEMINARIES 281
1206. The bishop should receive into the seminary only
boys of legitimate birth, and of such a character that there is
good reason to believe they will persevere and work with success
in the ecclesiastical ministry.
Before they are received they must present testimonials of
legitimate birth, of Baptism and Confirmation, and of conduct.
Students who have been discharged from another seminary
or from a religious community should not be received unless the
bishop has first obtained information also in secret from the su
periors and others about the reason of their dismissal, and tes
timonials as to their character and talents and has ascertained
that there is nothing in their character which would be unbecom
ing to the sacerdotal state. Superiors and others asked for in
formation are bound by grave obligation of conscience to answer
truthfully. (Canon 1363.)
1207. In the lower grades of the seminary :
1. the religious instruction should occupy the first place,
and it is to be adapted to the age and intelligence of the pupils ;
2. the students should accurately learn Latin and the ver
nacular language ;
3. in other branches of study the requirements of the
clergy of the respective countries is to be taken into considera
tion. (Canon 1364.)
1208. The course of philosophy, together with other, allied
subjects, is to last at least two years.
The theological course must last four years; besides dog
matic and moral theology, special attention must be paid to the
study of the Sacred Scriptures, Church history, Canon Law,
Liturgy, Sacred Eloquence, and ecclesiastical chant.
There are to be also classes of Pastoral Theology, with prac
tical exercises of how to teach catechism to children and others,
how to hear confessions, visit the sick, and assist the dying.
(Canon 1365.)
1209. As professors of philosophy, theology and law, the
bishop and seminary boards should prefer those who have the
degree of doctor in a university, or a faculty recognized by the
Holy See, or, if there is question of religious, those who have re
ceived a similar title from their major superiors.
Philosophy and theology shall be taught by the professors
absolutely according to the manner of the Angelic Doctor, with
out deviating from his doctrine and principles.
282 THE NEW CANON LAW
There should be distinct professors at least for Sacred Scrip
ture, Dogmatic Theology, Moral Theology, and Church History.
(Canon 1366.)
1210. The bishop shall see to it that the seminarians :
1. daily say their morning and night prayers, hold a medi
tation in common, and assist at Holy Mass ;
2. £o to confession at least once a week, and frequently re
ceive holy Communion;
3. on Sundays and holidays of obligation assist at solemn
Mass and Vespers, serve at the altar and take part in the sacred
ceremonies, especially in the cathedral, if this, according to the
bishop's judgment can be done without detriment to discipline
and studies ;
4. each year make a retreat for a few days ;
5. once a week attend an instruction on spiritual life.
(Canon 1367.)
1211. The seminary shall be exempt from parochial juris
diction. The rector of the seminary and his delegate shall have
the office of pastor for all persons living in the seminary, with
the exception of affairs of the Sacrament of Marriage, unless the
Holy See has passed other regulations for particular seminaries.
(Canon 1368.)
1212. The rector of the seminary, and others under his
authority, shall attend to it that the alumni faithfully observe the
statutes approved by the bishop, that the plan of studies is accu
rately followed, and that the students are imbued with a truly
ecclesiastical spirit.
True Christian politeness should be taught and practiced by
the professors for an example to the seminarians; the require
ments of hygiene, cleanliness of clothes and person, courtesy,
moderation and gravity shall be observed by the students.
The rector shall watch that the professors properly attend
to the duties of their office. (Canon 1369.)
1213. Whenever seminarians live outside the seminary for
any reason, the bishop shall appoint a priest who is responsible
for them, according to Canon 972, § 2. (Canon 1370.)
1214. Disorderly, incorrigible, seditious characters shall
not be suffered in the seminary, nor, in general, those whose be
havior or talents do not make them desirable candidates for the
clerical state. Students who advance but little in studies, so that
CATHOLIC SCHOOLS 283
there is not much hope that they will acquire sufficient learning,
shall be dismissed. If a seminarian has been guilty of immoral
ity, or of offenses against Catholic belief, he shall be immediately
discharged. (Canon 1371.)
TITLE XXII.
Catholic Schools.
1215. Catholic children are-to be educated in schools where
not only nothing contrary to Catholic faith and morals is taught,
but rather in schools where religious and moral training occupy
the first place.
Not only the parents, as mentioned in Canon 1113, but also
all those who take their place have the right, and the most serious
obligation of caring for the Christian education of the children.
(Canon 1372.)
1216. In every elementary school the children must, accord
ing to their age, be instructed in Christian doctrine.
The young people who attend the higher schools are to re
ceive a deeper religious knowledge, and the bishops shall appoint
priests qualified for such work by their learning and piety.
(Canon 1373.)
1217. Catholic children shall not attend non-Catholic, in
different, schools that are mixed, that is to say, schools open to
Catholics and non-Catholics alike. The bishop of the diocese only
has the right, in harmony with the instructions of the Holy See,
to decide under what circumstances, and with what safeguards to
prevent loss of faith, it may be tolerated that Catholic children
go to such schools. (Canon 1374.)
1218. The Church has the right to establish elementary
schools as well as any kind of schools. (Canon 1375.)
1219. The canonical erection of a Catholic University or
of a Catholic faculty is reserved to the Holy See.
A Catholic University or faculty, also those in charge of any
religious family, must have its statutes approved by the Holy See.
(Canon 1376.)
1220. Academic degrees to be recognized in Canon Law
cannot be conferred except by faculty of the Holy See. (Canon
1377.)
284 THE NEW CANON LAW
1221. Doctors, who have received their degrees legiti
mately, have the right, outside of sacred functions, to wear a
ring with a stone, and the doctor's hat, and in conferring the
various offices and ecclesiastical benefices the bishop is to give
preference, according to the sacred Canons, to those having the
doctorate or licentiate, all other things being equal. (Canon 1378.)
1222. If there are no Catholic elementary or mediate
schools, spoken of in Canon 1373, the Ordinary should take care
to have them established.
Likewise if the public Universities are not imbued with the
Catholic doctrine and spirit, it is to be desired that in the nation
or province a Catholic University be erected.
The Catholics should not refuse to contribute according to
their means towards the building and maintenance of Catholic
schools. (Canon 1379.)
1223. It is desirable that the Ordinary send pious and
gifted clerics to Universities approved by the Church, in order
that they may take up specially the studies of philosophy, theology
and Canon Law and obtain academic degrees. (Canon 1380.)
1224. The religious teaching of youth in any schools is sub
ject to the authority and inspection of the Church.
The local Ordinaries have the right and duty to watch
that nothing is taught contrary to faith or good morals, in any
of the schools of their territory.
They, moreover, have the right to approve the books of
Christian doctrine and the teachers of religion, and to demand,
for the sake of safeguarding religion and morals, the removal of
teachers and books. (Canon 1381.)
1225. Ordinaries of dioceses have the right, either in per
son or through others, to visit in reference to religious and moral
instruction any schools, oratories, summer schools, etc., and from
this visitation the schools conducted by a religious community
are not excepted unless it is a school exclusively for the professed
members of an exempt Order. (Canon 1382.)
1226. In the religious education of the students of any col
lege the rule of Canon 891 must be observed, namely, that the
superior of the institution must not hear the confessions of the
inmates. (Canon 1383.)
CENSORSHIP OF BOOKS 285
TITLE XXIII.
Censorship and Prohibition of Books.
1227. The Church has the right to rule that Catholics shall
not publish any books unless they have first been subjected to the
approval of the Church and to forbid for a good reason the faith
ful to read certain books, no matter by whom they are published.
The rules of this title concerning books are to be applied also
to daily papers, periodicals, and any other publication, unless the
contrary is clear from the Canons. (Canon 1384.)
CHAPTER I.
Censorship of Books.
1228. Without previous ecclesiastical approval even laymen
are not allowed to publish :
1. the books of Holy Scripture, or annotations and com
mentaries of the same ;
2. books treating of Sacred Scripture, theology, Church
history, Canon Law, natural theology, ethics, and other sciences
concerning religion and morals. Furthermore, prayer books, pam
phlets and books of devotion, of religious teaching, either moral,
ascetic, or mystic, and any writing in general in which there is
anything that has a special bearing on religion or morality ;
3. sacred images reproduced in any manner, either with or
without prayers.
The permission to publish books and images spoken of in
this Canon may be given either by the proper Ordinary of the
author, or by the Ordinary of the place where they are published,
or by the Ordinary of the place where they are printed ; if, how
ever, any one of the Ordinaries who has a right to give approval
refuses it, the author cannot ask it of another unless he informs
him of the refusal of the Ordinary first requested.
The religious must, moreover, first obtain permission from
their major superior. (Canon 1385.)
1229. The secular clergy are forbidden without the consent
of their bishop, the religious without the permission of the major
superior and the bishop, to publish any book on secular topics,
or to be a contributor to, or editor, of daily papers, periodicals,
booklets, etc.
286 THE NEW CANON LAW
In papers, pamphlets and magazines which, as a rule, attack
the Catholic religion or good morals, not even laymen should
write anything except for a good and reasonable cause, to be ap
proved by the Ordinary. (Canon 1386.)
1230. Matters pertaining in any manner to the causes of
beatification and canonization of the servants of God, may not be
published without permission from the Sacred Congregation of
Rites. (Canon 1387.)
1231. All books, summaries, booklets and papers, etc., in
which the concession of indulgences is mentioned, shall not be
published without permission of the Ordinary of the diocese.
Special permission of the Holy See is required for printing
in any language authentic collections of prayers and good works
to which the Holy See has attached indulgences, as also a list of
the papal indulgences and summaries of indulgences previously
collected, but never approved, and summaries to be now made up
from the various concessions. (Canon 1388.)
1232. The collections of decrees of the Roman Congrega
tions cannot be published anew without first obtaining permission
from the respective Congregation, and observing the conditions
which the prefect of the Congregation may lay down in giving
permission. (Canon 1389.)
1233. In the publication of liturgical books, or parts there
of, and in reprints of litanies approved by the Holy See, the Ordi
nary of the place where the printing is done, or where they are
published, must attest that the copy agrees with the original of
ficial edition. (Canon 1390.)
1234. Translations of the Holy Scriptures in the vernacular
languages may not be published unless they are either approved
by the Holy See, or they are published, under the supervision of
the bishop, with annotations chiefly taken from the holy Fathers
of the Church and learned Catholic writers. (Canon 1391. )
1235. When a work is approved in its original text, the
approval does not extend to translations into other languages nor
to other editions ; wherefore both the translation and the new edi
tion of a work already approved needs a new approval.
If various chapters that have appeared in approved maga
zines, or other periodicals, are collected and published in book
form, they are not considered a new edition and do therefore not
need a new approval. (Canon 1392.),
PROHIBITION OF BOOKS 287
1236. In every episcopal Curia there should be official cen
sors, who shall examine the works to be published.
The examiners should be free from all human respect in
the exercise of their office, and shall have before their eyes only
the dogmas of the Church and the universal Catholic teaching
contained in the decrees of the General Councils, in the constitu
tions and orders of the Holy See, and in the consent of approved
doctors.
The censors should be taken from both the secular and re
ligious clergy, and should be men of mature age, of tried learn
ing and prudence, who will take the golden mean in approving
or rejecting doctrines.
The censor must give his opinion in writing; if it is favor
able the Ordinary may allow the manuscript to be published ; the
imprimatur of the bishop is preceded by the opinion of the censor
over his signature. Only in extraordinary cases and rare circum
stances may, according to the bishop's judgment, the name of the
censor be omitted.
The author shall never be informed of the name of the censor
who is to revise his book before he has given his judgment.
(Canon 1393.)
1237. The permission of the Ordinary by which he grants
faculty to publish a manuscript shall be given in writing, and
shall be printed either at the beginning or the end of a book, maga
zine, or on pictures, with his name and the date and place of the
concession.
If permission for publication is to be denied, the reasons
should be given to the author unless there are grave reasons why
this should not be done. (Canon 1394.)
CHAPTER II.
Prohibition of Books.
1238. The right and duty to prohibit books for a good rea
son rests with the Supreme Pontiff for the whole Church, with
the particular councils for their territory, with the individual
Ordinary for his diocese.
From the prohibition of inferior authorities recourse may be
had to the Holy See, not however, in suspensive, which means
that the prohibition must be obeyed until Rome has rescinded the
orders of the inferior authority.
288 THE NEW CANON LAW
Also the abbot of an independent monastery, and the supreme
superior of a clerical exempt religious body, may with their re
spective council or Chapter prohibit books to their subjects for
good reasons; the same authority possess other major superiors
in union with their council in cases where immediate action is
necessary, with the duty, however, to refer the matter as soon as
possible to the supreme superior. (Canon 1395.)
1239. Books forbidden by the Holy See are to be consid
ered forbidden everywhere, and in any translation into other lan
guages. (Canon 1396.)
1240. It is the duty of all the faithful, and especially of
the clergy, of ecclesiastical dignitaries, and of men of extraor
dinary learning, to refer books which they think pernicious to the
Ordinary or to the Holy See. This duty pertains by special title
to the legates of the Holy See, to the local Ordinaries, and to
rectors of Catholic Universities.
It is expedient in the denunciation of a book to not only in
dicate the title of the book, but also, as far as possible, the rea
sons why a book is thought to deserve condemnation.
Those to whom the book is denounced are by sacred duty
bound to keep secret the names of those who denounce it.
The local Ordinaries must, either in person or, if necessary,
through other capable priests, watch over the books which are
published or sold in their territory.
The Ordinaries should refer to the Holy See those books
which require a more searching examination, also works which
for their effective prohibition demand the weight of the supreme
authority. (Canon 1397.)
1241. The prohibition of books has this effect that the for
bidden books may not without permission be published, read, re
tained, sold, nor translated into another language, nor made
known to others in any way.
The book which has in any way been forbidden may not
again be published except after the demanded corrections have
been made and the authority which forbade the book, or his su
perior, or successor, has given permission. (Canon 1398.)
1242. By the very law are forbidden:
1. editions of the original text, or of ancient Catholic ver
sions, of the Sacred Scriptures, also of the Oriental Church, pub
lished by non-Catholics ; likewise any translations in any language
made or published by them ;
PROHIBITION OF BOOKS 289
2. books of any writers defending heresy or schism, or
tending in any way to undermine the foundations of religion;
3. books which purposely fight against religion and good
morals ;
4. books of any non-Catholic treating professedly of re
ligion unless it is certain that nothing is contained therein against
the Catholic faith ;
5. books on the holy Scriptures or on religious subjects
which have been published without the permission required by
Canons 1385, § 1, nn. 1, and 1391 ; books and leaflets which bring
an account of new apparitions, revelations, visions, prophecies,
miracles, or introduce new devotions even though under the pre
text that they are private; if these books, etc., are published
against the rules of the Canons ;
6. books which attack or ridicule any of the Catholic dog
mas, books which defend errors condemned by the Holy See, or
which disparage Divine worship, or tend to undermine ecclesias
tical discipline, or which purposely insult the ecclesiastical hierar
chy, or the clerical and religious states ;
7. books which teach or approve of any kind of supersti
tion, fortune-telling, sorcery, magic, communication with spirits
and such like affairs ;
8. books which declare duels, suicide, divorce as licit ; books
which treat of masonic and other sects of the same kind, and con
tend that they are not pernicious, but rather useful to the Church
and civil society;
9. books which professedly treat of impure and obscene
subjects, narrate or teach them ;
10. editions of liturgical books approved by the Holy See,
but which have been unlawfully changed in some things so that
they no longer agree with the editions authorized by the Holy See ;
11. books which publish apocryphal indulgences, or those
condemned or recalled by the Holy See ;
12. images of our Lord, of the blessed Virgin, angels,
saints, and other servants of God, which are not in accord with
the mind and the decrees of the Church. (Canon 1399. )
1243. Books mentioned in n. 1 of the preceding Canon, and
books published against the law of Canon 1391, are allowed to
those who in any way engage in theological or biblical studies,
provided these books are faithful and complete copies of the orig-
290 THE NEW CANON LAW
inal, and do not in their introduction, or in their notes, attack
Catholic dogmas. (Canon 1400.)
1244. Cardinals and bishops, both residential and titular,
are not bound by the ecclesiastical prohibition of books, provided
they use the necessary precautions. (Canon 1401.)
1245. Ordinaries can give permission to their subjects for
the reading of books forbidden by the general law of the Code,
as well as by decree of the Holy See, for individual books and in
individual and urgent cases only.
If the Ordinaries have obtained from the Holy See general
faculty to allow their subjects the keeping and reading of for
bidden books, they should give this permission with discretion.
(Canon 1402.)
1246. Persons who have obtained from the Holy See the
faculty of reading and keeping forbidden books cannot for that
reason read and keep books forbidden by their Ordinaries, un
less the Apostolic indult explicitly gives them the faculty to read
and keep books forbidden by any authority.
Moreover, they are held by grave precept to guard the for
bidden books in order that they may not fall into the hands of
others. (Canon 1403.)
1247. Bookdealers shall not sell, loan, or keep books which
professedly treat of obscene matters ; other forbidden books they
should not have for sale unless they have obtained permission
from the Holy See, nor should they sell them to any one except
they can reasonably judge that the buyer has the right to ask for
these books. (Canon 1404.)
1248. By the permission to read forbidden books no one is
exempted from the prohibition of the natural law not to read
books which are to the reader a proximate occasion of sin.
Local Ordinaries, and others having the care of souls, shall
at proper times and occasions warn the faithful of the danger
and harm of bad books, especially of those that are forbidden.
(Canon 1405.)
TITLE XXIV.
Profession of Faith.
1249. The following persons are held to make the pro
fession of faith according to the form approved by the Holy See :
1. those who assist, either with a decisive or a consultive
PROFESSION OF FAITH 291
vote at a General or Particular Council, or diocesan synod, be
fore the president of the assembly or his delegate ; the president
before the council or synod;
2. those promoted to the dignity of Cardinals before the
dean of the sacred College, the first Cardinal priest and Cardinal
deacon, and the Chamberlain of the Holy Roman Church;
3. those promoted to an episcopal see, though titular, or
to the government of an abbey, or prelacy nullius, vicariate and
prefecture apostolic, before the Apostolic Delegate ;
4. the vicar capitular before the cathedral Chapter;
5. those promoted to an ecclesiastical dignity, or to mem
bership among the canons, before the bishop or his delegate and
the Chapter;
6. those appointed to the office of diocesan consultor be
fore the Ordinary or his delegate and the other consultors ;
7. the vicar general, pastors, and others obtaining any
benefice, though removable, to which the care of souls is attached ;
rectors, professors of sacred theology, Canon Law and philo
sophy in seminaries, at the beginning of each scholastic year, or,
at least, the beginning of their office; all candidates for subdea-
conship; censors of books mentioned in Canon 1393; priests ap
proved for confessions and preaching before they receive faculty
to exercise these duties ; all these ecclesiastics must take the oath
before the bishop or his delegate;
8. the rector of a Catholic University or faculty before
the Ordinary or his delegate; all professors of a canonically
erected University or faculty at the beginning of each scholastic
year, or, at least, at the commencement of their office, and those
who after a successful examination are to receive academic de
grees, before the rector of the University or faculty, or his dele
gate;
9. superiors in clerical religious organizations before the
Chapter or the superior who appointed them, or their delegate.
He who relinquishes a former and receives a new office,
benefice or dignity, even of the same species, must again make
the profession of faith according to the present Canon. (Canon
1406.)
1250. One does not satisfy his obligation of making the
profession of faith by doing so through a proxy, or by making
it before a layman. (Canon 1407.) .
292 THE NEW CANON LAW
1251. Every custom contrary to the Canons under this
Title of Profession of Faith is disapproved by law. (Canon
1408.)
PART V.
BENEFICES AND OTHER NON-COLLEGIATE IN-
STITUTES OF THE CHURCH.
TITLE XXV.
Ecclesiastical Benefices.
1252. An ecclesiastical benefice is a juridical being, consti
tuted perpetually by competent eccleciastical authority, consist
ing of a sacred office and the right to receive the revenue accru
ing from the endowment of the office. (Canon 1409.)
1253. The endowment of a benefice consists either in goods
owned by the benefice itself in its juridical capacity, or of certain
payments obligatory upon some family or moral person, or of
certain voluntary offerings of the faithful, which belong to the
rector of a benefice, or so-called stole fees demanded within the
limits of diocesan statutes or legitimate custom, or choral dis
tributions to the exclusion of one third part, if all the revenues
of a benefice consist in choral distributions. (Canon 1410.)
1254. Ecclesiastical benefices are called:
1. Consistorial, if they are usually conferred in consistory;
others are known as non-consist orial;
2. Secular or Religions, in as much as they either belong
exclusively to the secular or the religious clergy. All benefices
erected outside the churches or houses of religious are in case of
controversy to be presumed as secular;
3. Double or residential, Simple or non-residential, in as
much as the duty of residence is or is not attached to the bene
fice, besides the other duties of the respective benefice;
4. Manual, temporary or removable, perpetual or irremov
able, in as much as they are conferred either revocably or per
petually ;
5. Curata or non-cur at a, in as much as there is -or is not at
tached to the benefice the care of souls. (Canon 1411.)
1255. Though the following offices and position have some
resemblance to the benefices, they do not in law come under the
name of benefices :
CONSTITUTION OR ERECTION OF BENEFICES 293
1. parochial vicariates which are not erected perpetually;
2. laical chaplaincies, namely such which are not erected by
competent ecclesiastical authority;
3. coadjutor offices, with or without the right of future
succession ;
4. personal pensions;
5. a temporary commenda, which consist in the concession
to some person of the revenues of a church or monastery in such
manner that with the death of the person the revenues fall again
to the church or monastery. (Canon 1412.)
1256. Unless the contrary is evident, the following Canons
refer only to non-consistorial benefices properly so-called; those
offices mentioned in the preceding Canon are, therefore, not con
cerned in the succeeding Canons unless the contrary is evident.
Canons 147-195, treating of appointment to ecclesiastical
offices, are to be observed also in appointment to offices with
which a benefice is connected. (Canon 1413.)
CHAPTER I.
Constitution or Erection of Benefices.
1257. Consistorial benefices can be erected by the Holy See
only.
Besides the Roman Pontiff, the Ordinaries may erect in
their respective territory non-consistorial benefices, saving the
exception of Canon 394, § 2, which reserves to the Holy See the
erection of dignities in the Cathedral Chapter.
Vicars general cannot erect benefices without a special man
date of their Ordinary.
Cardinals may erect in the church of their title benefices
which have not the care of souls attached, unless the church be
longs to^a clerical exempt community of religious. (Canon
1414.)
1258. Benefices should not be erected unless their stable
and sufficient endowment is assured, from which revenues accrue
perpetually in the manner specified in Canon 1410.
If the endowment consists in a certain sum of money, the
Ordinary, after consultation with the diocesan board of admin
istration, spoken of in Canon 1520, shall take care to have the
money as soon as possible invested in safe and fruitful real es
tate or bonds.
294 THE XEir CAXOX LAir
Where a proper endowment cannot be had it is not forbid
den to erect parishes or quasi-parishes, if it can be prudently fore
seen that the necessary revenues will be obtained from other
sources. (Canon 1415.)
1259. Before a benefice is erected the persons, if there be
any, wha are interested should be called and given a hearing.
(Canon 1416.)
1260. If a benefactor endows a benefice he may with the
consent of the Ordinary at the" time of foundation attach condi
tions even contrary to the common law, provided they are not
sinful nor incompatible with the nature of the benefice.
Once the conditions have been admitted the Ordinary cannot
validly suppress or change them, unless there is question of
changes favorable to the Church, and the consent of founder or
patron, as the case may be, is obtained. (Canon 1417.)
1261. The erection of benefices is to be made by legal do
cument in which the place is to be defined where the benefice is
erected, and the endowment, rights and obligations of the bene
ficiary are described, (Canon 1418.)
CHAPTER II.
Union, Transfer, Division, Dismembration, Conversion and
Suppression of Benefices.
1262. The union of benefices is :
1. cxtinctivc, if out of two or more benefices one only bene
fice is created, or one or several are united to another in such a
way that they cease to exist ;
2. equally principal, if the united benefices remain the
same as they were before without subordination of one to the
other;
3. less principal, or by subjection or accession, when the
various benefices remain but one or several are joined in subordi
nation to another, principal benefice. (Canon 1419.)
1263. In the cxtinctive union the benefice which emerges
out of the union of several benefices has all the rights and obli
gations of the various benefices, and, if they are incompatible the
better and more favorable rights are to be retained.
In the equally principal union each benefice conserves its
nature, rights and obligations but by virtue of the effected union
CHANGE OF BENEFICES 295
the titles to the various benefices are conferred on one and the
same cleric.
In the less principal union the accessory benefice follows the
principal one so that the cleric who obtains the principal benefice
also acquires the accessory and must fulfil the obligations of
both. (Canon 1420.)
1264. A transfer of a benefice means its change from one
place to another; division, when two or more benefices are made
out of one ; dismembration, when a part of the territory or of the
goods is taken from a benefice and assigned to another benefice,
charitable or ecclesiastical institution; conversion, when a bene
fice is changed into another kind ; suppression, when it is entirely
extinguished. (Canon 1421.)
1265. To the Holy See is reserved the extinctive union of
benefices, their suppression, dismembration which is done by
taking away goods of a benefice without erecting a new benefice,
the equally or less principal union of a religious benefice with a
secular one, or vice versa, also the transfer, division and dismem
bration of a religious benefice. (Canon 1422.)
1266. Local Ordinaries, not, however, the vicar capitular
nor the vicar general without special mandate, may for reason of
necessity or great and evident utility of the Church, effect an
equally or less principal union of parish churches among them
selves or with a non-curate benefice, provided, however, in the
latter case that in a less principal union of a parish with a non-
curate office the non-curate office is considered the accessory.
The bishop cannot unite parishes with the mensa of the
Chapter or the bishop, with monasteries, churches of religious
or other moral persons, nor with the dignities and benefices of
the cathedral or collegiate church. He can, however, unite the
parish with the cathedral or collegiate church situated in the ter
ritory of the parish in such way that the revenues of the parish
go to the benefit of the cathedral or collegiate church itself, leav
ing to the pastor or parochial vicar a portion sufficient for his
maintenance.
A union of benefices cannot be made by the local Ordinaries
unless the union is made perpetual. (Canon 1423.)
1267. The Ordinaries can never unite any benefices, either
with or without the care of souls, to the detriment of those who
actually are in possession if they are unwilling; nor unite a bene-
296 THE NEW CANON LAW
fice where some one has the right of patronage with a benefice of
free appointment without the consent of the patron; nor the
benefices of one diocese to a benefice of another diocese though
both dioceses are united by equally principal union and governed
by one and the same bishop; nor exempt benefices, or those re
served to the Holy See, with any other benefices. (Canon 1424.)
1268. If a parish is united by the Holy See to a religious
house for the temporalities only, the religious house has only the
right to the revenues of the parish but it remains a secular parish,
and the superior has the right of presenting a priest of the secular
clergy to the bishop to be appointed as pastor. In the United
States there are, as a rule, no such arrangements.
If a parish is by Apostolic indult united to a religious house
plena jure, the parish belongs to the religious and the superior
has the right to nominate a priest of the community to act as
pastor, but the bishop has the right to examine and institute him,
and he is subject to the bishop's correction and visitation in af
fairs relative to the care of souls, as specified in Canon 631.
Confer also Canon 533, § 1, n. 4. (Canon 1425.)
1269. For reason of necessity or utility of the Church the
Ordinary may transfer the secular parochial benefice from one
locality to another in the same parish. Other benefices he can
transfer only when the churches in which they were founded
have collapsed and cannot be repaired ; they are to be transferred
to nearby churches. In the United States other benefices besides
parishes are extremely rare. (Canon 1426.)
1270. Division of parishes is subject to the following rules :
The Ordinaries can, for a just canonical cause, divide any
parishes, also against the will of the rectors and without the con
sent of the people, by erecting a perpetual vicariate or a new
parish, or by dismembering the same and giving part to another
already established parish.
There is only one canonical reason for dividing or dismem
bering a parish, namely, either too great a difficulty for the people
to go to the parish church, or too numerous a congregation, whose
spiritual welfare cannot be taken care of by the appointment of
assistants to the pastor.
The Ordinary dividing the parish must assign to the new
parish or perpetual vicariate an appropriate portion of goods,
saving the law of Canon 1500; these, unless they can be had from
CHANGE OF BENEFICES 297
other sources, are to be taken from any of the revenues of the
mother church, leaving, however, a sufficient amount for the
existence of the mother church.
If the perpetual vicariate, or the new parish, is endowed by
the revenues of the parish from which they were separated, they
must show respect to the mother church in the manner to be
pointed out by the Ordinary ; the bishop cannot, however, reserve
to the mother church the exclusive right to administer the Sacra
ment of Baptism.
If a parish belonging to the religious is divided, the new
parish or perpetual vicariate does not belong to the religious;
likewise, when a parish in which the right of patronage exists is
divided, the new parish is free from the patronage. (Canon
1427.)
1271. The local Ordinaries should perform the union,
transfer, division, dismembration of benefices by authentic docu
ment, and should before action is taken consult the Chapter or
diocesan consultors and persons interested.
The union, transfer, division and dismembration of bene
fices made without the canonical reason is null and void.
Against the Ordinary who unites, divides, etc., benefices, re
course may be had to the Holy See in devolutivo. His orders
must be obeyed in the meantime. (Canon 1428.)
1272. The bishop cannot impose on any kind of benefices
perpetual pensions, or pensions to last for the lifetime of the pen
sionary, but he may when conferring the benefice impose for a
just cause, to be stated in the very act of conferring the benefice,
temporary pensions which last for the life of the person on
whom the benefice is conferred ; the pension must not be so high
as to deprive the possessor of the benefice of proper support.
The bishop cannot burden with pensions parochial benefices
except in favor of the pastor or parochial vicar of that same
parish when they go out of office; this pension, however, must
not exceed one third of the revenue of the parish, after expendi
tures and uncertain revenue have been deducted.
Pensions imposed on benefices, either by the Roman Pontiff
or by others, cease with the death of the pensionary, who cannot
transfer his pension to another unless this faculty has been ex
pressly conceded to him. (Canon 1429.)
1273. Benefices to which the care of souls is attached can-
298 THE NEW CANON LAW
not be turned by the bishop into non-curate benefices, nor can
he convert religious benefices into secular, nor secular into reli
gious benefices.
Simple benefices, on the contrary, can be turned into curate
benefices, provided there are no contrary explicit conditions of
the founder. (Canon 1430.)
CHAPTER III.
Conferring of Benefices.
1274. Canons 1431-1447 which treat of the conferring of
benefices have reference to the various ecclesiastical position
throughout the entire Church. In the United States there are
practically no benefices except those of bishops and pastors, the
Holy See only appoints bishops, the pastors are appointed by the
bishop.
CHAPTER IV.
The Right of Patronage.
1275. Canons 1448-1471 treat of the right of patronage
which denotes the privileges and duties which the law grants to
Catholics who found a church, chapel, or benefice. The principal
privilege of the founder and his heirs consists in the right to
choose the priest who is to be in charge of the church or benefice.
If no canonical disability stands in the way, the Ordinary is
obliged to appoint the priest presented by the patron. While the
Code does not abolish the acquired rights of patrons, if they are
not willing to sacrifice their rights in the interest of the Church,
no one can for the future validly acquire the right of patronage
by building or endowing a church, chapel, etc. The bishop may,
however, admit the foundation of a benefice under the condition
that for the first time it may be given to the cleric who founds
the benefice, or, in case of a layman, to the priest whom he desig
nates. To encourage pious foundations the bishop should grant
to founders spiritual benefits, for example a definite number of
Holy Masses to be said each year for their intentions. (Canons
1450-1451.) In the United States the right of patronage has
practically been unknown, due to the fact that in most instances
churches and chapels were not built or endowed by individual
Catholics but by the contributions of many people.
RIGHTS AND DUTIES OF BENEFICIARIES 299
CHAPTER V.
Rights and Duties of Beneficiaries.
1276. Every beneficiary, after having legally taken posses-
sion of his benefice, enjoys all the spiritual and temporal rights at
tached to the benefice. (Canon 1472.)
1277. Though the beneficiary has goods of his own from
which he could live, he has the right to use the revenues of the
benefice in such quantity as is necessary for his proper support.
The superfluous revenues are to be used for the benefit of the
poor or of charitable institutions. (Canon 1473.)
1278. Canons 1474-1483 have reference to benefices of a
character different from our parochial benefices. Parishes are
almost the only benefices in existence in the United States. How
much of the revenue the pastor may use for his support and for
his personal expenditures is regulated by the statutes of the indi
vidual dioceses, which also determine other matters relative to
the temporal administration of the parishes,
CHAPTER VI.
Resignation and Exchange of Benefices.
1279. The Ordinary shall not admit the resignation of a
benefice by a cleric in major orders, unless he knows that he has
sufficient means of support from other sources. Canon 584 pro
vides that the parochial benefice becomes vacant one year from
the first profession, other benefices three years after such pro
fession, if the beneficiary should have joined a religious com
munity. (Canon 1484.)
1280. The resignation of the benefice under the title of
which a cleric was ordained is invalid unless explicit mention is
made that he was ordained under its title, and that with the con
sent of the Ordinary another legitimate title of ordination has
been substituted. (Canon 1485.)
1281. The Ordinary cannot admit a resignation for the
benefit of another, or under a condition which affects the con
ferring of the benefice or its revenues. In the case only where
two clergymen contest in the ecclesiastical court the legal claim
to the benefice, may one of the contestants relinquish his claim in
favor of the other.
300 THE NEW CANON LAW
The mutual exchanging of two benefices cannot be made
validly except for reason of the necessity or utility of the Church
with the consent of the Ordinary, and also of the patron if there
is question of a benefice over which another has the right of
patronage, and provided no injury is done to a third party. The
vicar capitular cannot give this permission and the vicar general
needs a special mandate of the bishop. Canon 185 requires, how
ever, that the renunciation in order to be valid must be made by
the resigning party either in writing, or orally before two wit
nesses, or also by proxy authorized by special mandate.
The Ordinary shall within one month either grant or deny
his consent; the exchange becomes valid from the moment in
which the Ordinary gives his consent.
If the conferring of one or both benefices is reserved to the
Holy See, the Ordinary cannot allow the exchange. (Canon
1486.)
1282. If the benefices to be exchanged are unequal, they
cannot be made equal by reservation of revenue, or payment of
money, or anything else having the value of money.
Exchange cannot be made between more than two bene
ficiaries. (Canon 1488.)
TITLE XXVI.
Other Non-Collegiate Institutes of the Church.
1283. Hospitals, orphan asylums, and other similar insti
tutes destined for works of religion or charity, either bodily or
spiritual, may be erected by the Ordinary, and through his decree
they obtain legal personality.
The Ordinary of the diocese shall not approve these institu
tions unless the purpose of their foundation is really useful and
they be endowed sufficiently for their purpose.
The rector of such an institution assumes the administration
of its goods in accordance with the laws of the foundation. He
has the same duties and rights as other administrators of ecclesi
astical goods. (Canon 1489.)
1284. If a private individual is the founder of a hospital,
orphan asylum, etc., he should in the document of foundation ac
curately determine the purpose, endowment, administration and
government, the use of the income, and to whom the goods are
to go in case the institution is discontinued.
TEMPORAL GOODS OF THE CHURCH 301
There shall be made two copies of this document, one to be
kept in the archives of the institution, the other in the episcopal
curia. (Canon 1490.)
1285. The Ordinary of the diocese has the right to visit all
such institutions, though they have been made a legal person and
given in charge of exempt persons.
If they have no separate legal existence but are attached to
a religious house, the bishop has complete jurisdiction in the case
of a diocesan congregation; if attached to a congregation of
papal law, the bishop has the right to watch over the religious
teaching, exercises of piety, administration of the Sacraments
and moral conduct in these institutions. (Canon 1491.)
1286. Though pious institutes should be exempt from the
jurisdiction and visitation of the bishop either by foundation, or
prescription, or Apostolic indult, the bishop has the right to de
mand a financial statement ; every contrary custom is disapproved.
If the founder of an institution wants the administrators
to be free from making financial statement to the bishop, the
foundation shall not be accepted by the bishop. (Canon 1492.)
1287. The local Ordinary shall attend to it that the pious
requests of the faithful expressed in the foundation of an insti
tution are complied with. (Canon 1493.)
1288. Without permission of the Holy See these institu
tions cannot be suppressed, united, or turned to purposes other
than that for which they were intended by the founder, unless
other provisions are made in the document of foundation. (Canon
1494.)
PART VI.
TEMPORAL GOODS OF THE CHURCH.
1289. The Catholic Church and the Apostolic See have
by their very nature the right freely and independently of the
civil power to acquire, retain and administrate temporal goods
for the prosecution of their proper purposes.
Individual churches, and other moral persons, constituted
legal persons by the authority of the Church, have the right to
acquire, retain and administrate temporal goods according to the
sacred Canons. (Canon 1495.)
1290. The Church has also the right independently of the
civil authorities to demand of the faithful the necessary means
302 THE NEW CANON LAW
for the conducting of Divine worship, the maintenance of the
clergy and of others working for the Church, and for all other
purposes proper to the end for which the Church is established.
(Canon 1496.)
1291. The temporal goods, both movable and immovable,
and the temporal rights which belong either to the universal
Church, or to the Apostolic See, or to another legal person in the
Church, are ecclesiastical goods.
These goods are called sacred, if they have been destined
for Divine worship by consecration or blessing; precious, if they
have great value either on account of art, or history, or material.
(Canon 1497.)
1292. In the following Canons the term Church signifies
not only the universal Church, or the Apostolic See, but also
every legal person of the Church, unless the contrary is apparent
from the context or from the very nature of the law. (Canon
1498.)
TITLE XXVII.
Acquisition of Ecclesiastical Goods.
1293. The Church may acquire temporal goods by all just
means, of both the natural and positive law, by which others may
acquire goods.
The ownership of the goods belongs under the supreme
authority of the Apostolic See to that legal person which right
fully acquired these same goods. (Canon 1499.)
1294. If the territory of a legal ecclesiastical person is
divided so that either a part of it is united to another legal per
son, or a distinct legal person is constituted by the separation,
the common goods which were destined for the benefit of the
entire territory, and also the debts contracted for the whole ter
ritory, shall be divided with proper proportion and in all fairness
by the competent ecclesiastical authority which orders the divi
sion. Due regard shall be had for the intentions of founders
and benefactors, for acquired legal rights and for special laws
governing certain legal persons. (Canon 1500.)
1295. If a legal person ceases to exist, its goods shall be
long to the immediate superior legal person, saving always the
will and intentions of founders and benefactors, lawfully ac-
ACQUISITION OF ECCLESIASTICAL GOODS 303
quired rights and the special laws which governed the extinct
person. (Canon 1501.)^
1296. The payment of the decimae and primitiae shall be
governed by the special laws and laudable customs of each coun
try. (Canon 1502.)
1297. Private individuals, both clerics and laymen, are
forbidden to collect alms for any charitable or ecclesiastical in
stitution or purpose without the written permission of either the
Apostolic See or of their own Ordinary and the bishop of the
place where the alms are to be collected. Canons 621-624 regu
late the collection of alms by religious. (Canon 1503.)
1298. All churches or benefices subject to the jurisdiction
of a bishop must annually pay to the bishop the cathedraticum,
or a moderate tax as a token of subjection, to be determined by
the bishop according to Canon 1507, § 1, unless it has already
been fixed by ancient custom. (Canon 1504.)
1299. The bishop can impose for reason of special needs
of the diocese an extraordinary moderate tax on all beneficiaries,
both of the secular and the religious clergy, besides the seminary
assessment mentioned in Canons 1355 and 1356, and the pensions
spoken of in Canon 1429. (Canon 1505.)
1300. Other taxes for the benefit of the diocese or a patron
the bishop can impose on churches, benefices and other ecclesias
tical institutions, only at the time of foundation or consecration.
No tax can be imposed on Mass stipends, whether given in the
ordinary way or by the foundation of Masses. (Canon 1506.)
1301. Saving the rules laid down in Canons 1056 and
1234, the taxation of various acts of so-called voluntary juris
diction, which means the concession of dispensations and other
favors, and for the execution of rescripts of the Holy See, or on
occasion of the administration of the Sacraments and sacramen-
tals, may be fixed for the whole ecclesiastical province by the
Provincial Council or in a meeting of the bishops of the Pro
vince ; but such regulation of taxes shall not have any force un
less first approved by the Holy See.
The taxes for judicial acts are laid down in Canon 1909.
(Canon 1507.)
1302. Prescription by means of which a person may ac
quire rights, or free itself from obligations, is accepted by the
Church in reference to ecclesiastical goods in the manner in
304 THE NEW CANON LAW,
which the civil laws of the respective countries admit prescrip
tion, saving the exceptions contained in the following Canons.
( Canon 1508.)
1303. Not subject to prescription are:
1. the rights and duties of the Divine law, both natural and
positive ;
2. rights which can be obtained only by Apostolic indult;
3. spiritual rights of which the laymen are incapable, if
there is question of prescription in favor of lay people ;
4. the fixed limits of the territory of ecclesiastical pro
vinces, dioceses, parishes, vicariates and prefectures apostolic,
abbeys and prelacies nullius;
5. stipends and obligations of Masses;
6. an ecclesiastical benefice without a title to the same ;
7. the right of visitation and obedience in such manner
that the subjects cannot be visited by any prelate and are no
longer subject to any prelate;
8. the payment of the cathedraticum. (Canon 1509.)
1304. Sacred objects which are in the dominion of private
persons can be acquired by private individuals by right of pre
scription but they may not use these objects for profane pur
poses. If they have lost the consecration or blessing, they may
be freely acquired also for profane, not, however, for indecent
purposes.
Sacred objects which are not in possession of private indi
viduals can be prescribed by a legal ecclesiastical person against
another legal ecclesiastical person, not, however, by private indi
viduals. (Canon 1510.)
1305. Immovable and movable precious goods, rights and
actions, both personal and real, belonging to the Apostolic See
are prescribed by a space of one hundred years.
Goods and rights belonging to another ecclesiastical legal
person are prescribed by a space of thirty years. (Canon 1511.)
1306. No prescription is valid unless it is based on good
faith, not only in the beginning of possession but during the
whole time required for prescription. (Canon 1512.)
1307. He who can either by natural or by ecclesiastical
law freely dispose of his goods, may relinquish them in favor of
pious institutions, either by donation or by last will.
In a last will made in favor of the Church the formalities
ACQUISITION OF ECCLESIASTICAL GOODS 305
of the civil law should be complied with, if possible; if they were
omitted, the heirs should be admonished to fulfil the will of the
testator. (Canon 1513.)
The present Canon indirectly settles the dispute as to the
obligation of heirs to fulfil the last will made in favor of some
ecclesiastical institution, if the last will was invalid for lack of
the formalities prescribed by the civil law. The Canon does not
impose a strict obligation on the heirs but wants them to be ad
monished to fulfil the will of the testator.
1308. The will of the faithful who leave their goods by
donation or last will to pious institutions should be most faith
fully executed, also in reference to the manner desired by the
giver in the administration and application of the goods, saving
the law of Canon 1515, § 3. (Canon 1514.)
1309. The Ordinaries are the executors of all bequests
made in favor of pious institutions, either by donation or last
will.
By virtue of this right the Ordinaries have the power and
obligation, also by way of visitation, to see to it that the pious
intentions are complied with, and other, delegated, executors
must give an account to the bishop of the exercise of their office.
If there are any clauses added to the last will derogatory
to this right of the bishop they are not to be considered. (Canon
1515.)
1310. The cleric or religious who has, either by way of
donation or by last will, received goods in trust for pious pur
poses, must notify the Ordinary and indicate to him all such
goods, both movable and immovable, with the obligations at
tached to them; if the donor has explicitly and absolutely for
bidden to refer the matter to the Ordinary the cleric or religious
shall not accept the trust.
The Ordinary must demand that the goods received in trust
are safely invested and watch over the fulfilment of the pious
intentions of the testator, according to Canon 1515.
If a religious is put in trust of goods left in favor of any
church of the diocese, or for the benefit of residents or pious
works in the diocese, the Ordinary spoken of in the two preced
ing paragraphs of this Canon is the Ordinary of the diocese,
otherwise the major religious superior. (Canon 1516.)
1311. The reduction, changing, commutation of last wills,
306 THE NEW CANON LAW.
wills, which is to be made only for just and necessary causes, is
reserved to the Holy See, unless the founder has explicitly given
this power to the local Ordinary.
If, however, the execution of the imposed obligations has
become impossible on account of a decrease in the revenue, which
was not caused by any fault of the administrators, the Ordinary
after having heard the parties interested, and trying to adhere
as much as possible to the will of the deceased founder, may re
duce the obligation according to the laws of equity; the reduction
of Masses, however, is reserved exclusively to the Holy See.
(Canon 1517.)
TITLE XXVIII.
The Administration of Ecclesiastical Goods.
1312. The Roman Pontiff is the supreme administrator
and dispenser of all ecclesiastical goods. (Canon 1518.)
1313. The local Ordinary has the duty to faithfully
watch over the administration of all ecclesiastical goods in the
territory of his jurisdiction, except those exempted from his
authority; he may, however, have acquired jurisdiction even over
exempt goods by legal prescription.
Having due regard to the rights, legitimate customs and
circumstances, the Ordinaries shall, within the limits of the com
mon law, issue opportune instructions for the administration and
business transactions concerning all ecclesiastical goods. (Canon
1519.)
1314. In every diocese the bishop shall establish a board
of administrators which is to consist of the bishop as president
and two or more qualified men, who should, as far as possible,
be familiar also with the civil law relative to goods and property.
The members of the board are to be appointed by the bishop after
consultation with the cathedral Chapter or the diocesan consul-
tors. If by special law or by custom sufficient provision is made
already for administration by a similar board, it will suffice.
^ Persons related to the bishop by blood relationship, or affin
ity in the first and second degree, cannot be appointed to the
office of administrator, except by indult of the Holy See.
The Ordinary shall not omit to consult the board of ad
ministrators in affairs of great importance; the vote of the board,
however, is only consultive, unless the common law in some cases
ECCLESIASTICAL GOODS 307
explicitly states that it is decisive, or the document of foundation
of some benefice gives such a vote to the board.
The members of the board shall take an oath before the Or
dinary for the faithful attendance to their office. (Canon 1520.)
1315. Besides the diocesan board of administrators, the
bishop shall appoint good and conscientious men for the adminis
tration of goods belonging to a church or charitable institution
which has no administrator by law, neither by the special pro
vision of a founder. They should be in office for three years,
unless the circumstances of the place make other arrangements
advisable.
If laymen have part in the administration of ecclesiastical
goods, either by legitimate title of foundation, or by the will of
the bishop, the administration must be entirely transacted in the
name of the Church and the Ordinary has the right of visitation,
of demanding an account, and of prescribing rules for the man
ner of administration. ( Canon 1521.)
1316. The administrators mentioned in the preceding
Canon must, before entering upon their office :
1. take an oath before the bishop or the dean of the dis
trict that they will faithfully attend to the administration ;
2. make an accurate new inventory of all immovable and
movable goods of any kind, with their description and valuation,
subscribed to by all the administrators; if they use an old inven
tory, those goods that were lost as well as those acquired since it
was made must be noted or added to it.
Of this inventory one copy is to be kept in the archives of
the administration, and another in the archives of the episcopal
curia. In each copy shall be noted any change which the goods
of the church or institution may suffer. (Canon 1522.)
1317. The administrators shall fulfill their office with the
same solicitude as exercised by the father of a family, and they
shall therefore :
1. watch that the ecclesiastical goods confided to their care
do not get lost or suffer damage in any way;
2. observe the rules of Canon Law, as well as the civil law,
and the special regulations imposed either by the founder or
donor and the legitimate authority ;
3. collect the revenue due to the institution, place the
money safely, and spend it according to the mind of the founder
and the existing laws and regulations ;
308 THE NEW CANON LAW
4. the money of a church which is over and above expen
ditures, and which can be usefully invested, shall, with the
consent of the Ordinary, be invested for the benefit of the church ;
5. they shall keep the accounts of income and expenditures
in good order ;
6. put in good order the documents and papers which serve
as proof of the rights of the church and carefully keep them in
the archives or in the safe of the church; authentic copies of
these should, as far as possible, be made and kept in the archives
of the episcopal Curia. (Canon 1523.)
1318. All administrators of ecclesiastical goods, and espe
cially priests and religious, must pay the workmen whom they
employ good and fair wages, and must see to it that at a con
venient time they are free for prayer; must not in any way dis
suade them from their domestic duties and thrift; and not
impose on them more work than their strength can bear, nor work
which does not agree with their age and sex. (Canon 1524.)
1319. Each year all administrators, both clerics and lay
men, are bound to give a financial statement to the bishop. Cus
tom contrary to this obligation is disapproved in law.
If by special law financial statement has to be made to cer
tain specified persons, the Ordinary or his delegate must never
theless be admitted to inspect the report, otherwise the adminis
trators have not satisfied their duty. (Canon 1525.)
1320. The administrators shall not start a lawsuit in the
name of the church concerning church goods unless they have
previously obtained the bishop's consent in writing, or the dean's
in urgent cases; the dean shall at once inform the Ordinary of
the case. (Canon 1526.)
1321. Administrators act invalidly in actions which exceed
the limits of ordinary administration, unless they first obtain the
bishop's consent in writing.
The Church is not held to the contracts made by administra
tors without the permission of the competent superior, except
when, and in as far as, it has turned to its advantage. (Canon
1527.)
1322. Administrators who, even though not obliged to the
administration by reason of the benefice or office, drop the office
of administrator which they had explicitly or tacitly accepted
and cause by their withdrawal damage to the Church are held to
restitution. (Canon 1528.)
CONTRACTS 309
TITLE XXIX.
Contracts.
1323. The civil law on contracts and payments of all kinds
is to be observed also by virtue of Canon Law, with the same
effects of licitness, invalidity, etc., in contracts concerning ecclesi
astical goods, unless the civil law in some of its rules is contrary
to the Divine law, or the Canon Law explicitly lays down other
conditions for certain contracts. (Canon 1529.)
1324. For the alienation of immovable ecclesiastical goods
and movable goods which can be preserved, the following is re
quired : ( 1 ) a valuation to be made in writing by conscientious
experts; (2) a just cause which consists either in urgent neces
sity or evident utility to the church or charitable institutions;
(3) permission of the legitimate superior without which the
alienation is invalid.
Other opportune precautions, which the ecclesiastical su
perior should demand according to the circumstances of the case,
must be observed in order that no damage may come to the
Church. (Canon 1530.)
1325. The goods must not be disposed of for less than they
were appraised.
The sale is to be done by public auction, or, at least, to be
announced publicly, unless circumstances make a different course
advisable; the goods should be sold to the one who, all things
considered, offers the better price.
The money obtained from the sale of the goods shall be
carefully placed in safe and useful investments. (Canon 1531.)
1326. The legitimate superior for the granting of permis
sion to alienate church property is the Holy See if there is ques
tion, (1) of precious goods (confer Canon 1497 as to the mean
ing of res pretiosa), (2) of goods which exceed in value thirty
thousand francs, about $6,000.00.
If there is question of goods which do not exceed in value
one thousand francs, about two hundred dollars, the Ordinary
may give permission after having heard the board of administra
tors and the persons interested, unless the matter is of very small
value.
If there is question of goods valued at between one thousand
and thirty thousand francs, the Ordinary may give permission
310 THE NEW CANON LAW,
provided he obtains the consent of the cathedral Chapter or the
diocesan consultors and the board of administration, and of those
interested.
If there is question of disposing of goods which can be sold
in parts, it is necessary when asking for permission or consent to
state what part or portion was sold before; otherwise the per
mission is invalid. (Canon 1532.)
1327. The formalities demanded by Canons 1530-1532 are
required not only in an alienation properly so called, but also for
any contract by which the condition of the church becomes worse.
(Canon 1533.)
1328. The Church has the right of personal action against
him who without due formalities alienated ecclesiastical goods
and against his heirs; a right of real action, if the alienation was
invalid, against any possessor of the illegally sold goods; the
buyer has the right to sue the person who illegally sold him
church goods.
Action can be brought against the invalid alienation of eccle
siastical goods by the person who sold them, by his superior, or
their successors in office, and by any cleric assigned to the church
which suffered harm. (Canon 1534.)
1329. The prelates and rectors shall not dare to make do
nations from the movable goods of their churches except in small
amounts sanctioned by legitimate custom of the place, and only
for reasons of just remuneration, or piety, or Christian charity;
otherwise the donations can be recalled by their successors in
office. (Canon 1535.)
1330. Unless the contrary is proved, it is to be presumed
that donations given to rectors of churches, also to rectors be
longing to religious communities, are given to the church.
A donation given to the church cannot be refused by the
rector or the superior without permission of the Ordinary.
If a donation to the church has been illegally refused, action
may be instituted for rcstitutio in integrum, or for indemnity on
account of the loss the church has suffered.
A donation made to the church and lawfully accepted by the
same cannot be recalled by the benefactor on account of ingrati
tude of the prelate or rector. (Canon 1536.)
1331. Sacred objects shall not be loaned for purposes re
pugnant to their nature. (Canon 1537.)
CONTRACTS 311
1332. If the goods of a church are for good reasons to be
placed under mortgage or similar obligation, or debts are to be
contracted, the superior who has according to Canon 1532 the
right to grant permission, shall insist that previously all parties
interested are heard, and attend to it that the debts are paid as
soon as possible.
The Ordinary should for this purpose determine how much
is to be paid off annually. (Canon 1538.)
1333. In the sale or exchange of sacred objects the price
must not in any way be raised on account of their consecration
or blessing.
Administrators may change notes payable to bearer into
other investments at least equally safe and fruitful, without,
however, any kind of barter, and with the consent of the Ordi
nary and the diocesan board of administrators and the parties
interested. (Canon 1539.)
1334. The immovable goods of the church must not be
sold or rented to the administrators of the same church, or to
persons related to them in the first and second degree of consan
guinity or affinity, without special permission of the local Ordi
nary. (Canon 1540.)
1335. Land belonging to the church should not be rented
except by public auction, or other public announcement, and con
ditions are to be added to the contract concerning the guarding
of the boundaries, proper cultivation of the soil, and payment of
the rent, all of which should be secured by legal document.
In renting ecclesiastical goods the following rules are to be
observed : (1) if the value of the renting exceeds thirty thousand
francs and lasts over nine years, the beneplacitum of the Holy
See is required; if the renting does not extend over nine years,
the rule of Canon 1532, § 3, is to be followed; (2) if the value is
between one thousand and thirty thousand francs and the renting
extends over nine years Canon 1532, § 3 rules, if not above nine
years, § 2 of the same Canon; (3) if the value does not exceed
one thousand francs and the renting extends over nine years,
Canon 1532, § 2, is to be observed ; if it does not extend over nine
years, it may be done by the legitimate administrators, having
first notified the bishop. (Canon 1541.)
1336. In a lease of ecclesiastical property the lessee cannot
purchase the canonical portion of the fruits of the land, due to
312 THE NEW CANON LAW
the church, without permission of the legitimate ecclesiastical
superior spoken of in Canon 1532; if he buys this portion he
must at least pay as much money to the church as the portion is
worth.
Proper security is to be demanded of the lessee for the spe
cified portion of the produce and other conditions. In the docu
ment itself granting the lease (in Canon Law for at least a period
of ten years) it should be stated that the ecclesiastical court is to
be the arbitrator in disputes that may arise, and that the improve
ments of the property are to remain attached to the property.
(Canon 1542.)
1337. If goods are loaned which are consumed by use in
such a manner that the other becomes at once the owner and they
are to be returned by goods of the same kind, (a contract which
theologians call "mutuum") nothing can be asked by reason of
the contract itself; in an ordinary loan, however, of goods which
are consumed by use it is not in itself unlawful to make an agree
ment for legal interest, unless the interest is too high ; but agree
ment for higher interest than the law allows may be made if
there is a just and proportionate reason for such a demand.
(Canon 1543.)
TITLE XXX.
Pious Foundations.
1338. By the name of pious foundations are meant tem
poral goods given to a legal ecclesiastical person in any manner,
with the perpetual obligation, or an obligation of many years
to say annually some Masses, or perform other specified func
tions, or do some works of piety and charity with the revenue
of the donated goods.
The foundation when legitimately accepted has the nature
of a bilateral contract: do ut facias. (Canon 1544.)
1339. It is the right of the bishop to prescribe the regula
tions concerning the quantity of the endowment for less than
which no pious foundation can be accepted, and the distribution
of the income of the foundation. (Canon 1545.)
1340. The written consent of the Ordinary of the diocese
is required for the acceptance of such foundation by legal per
sons; the Ordinary should not grant the consent unless he has
previously ascertained that the church or institution can satisfy
PIOUS FOUNDATIONS 313
the old foundations as well as the new one; above all he shall
take care that the income from the foundation correspond to the
imposed obligations, according to the custom of the respective
diocese.
In the accepting, constituting and administrating of the
foundation the patron of a church has no rights. (Canon 1546.)
1341. Money and movable goods given for the endow
ment of a foundation are, by authority of the bishop, to be put
in a safe place until they can be invested for the benefit of the
foundation. The parties interested and the diocesan board of
administrators are to be consulted before the bishop invests the
money ; the obligations attached to the foundation are to be speci
fied individually. (Canon 1547.)
1342. Foundations, though made orally, shall be put in
writing. One copy is to be kept in the archives of the episcopal
curia, another in the archives of the place where the foundation
is placed. (Canon 1548.)
1343. Besides the regulations of Canons 1514-1517 and
1525, there shall in every church a list be made of the obligations
imposed by pious foundations, which the rector shall keep in a
safe place.
Besides the book in which the manual Mass stipends are en
tered, another record is to be kept of perpetual or temporary
foundation Masses, which record is to be guarded by the rector ;
the application of the Masses and the amount of stipends re
ceived must be noted in this book, and account is to be given to
the Ordinary concerning these Masses. (Canon 1549.)
1344. If there is question of pious foundations in churches
of exempt religious, though they be parish churches, the rights
and duties of the local Ordinary, of which Canons 1545-1549
treat, belong exclusively to the major superior of the religious.
(Canon 1550.)
1345. The reduction of obligations imposed by pious foun
dations is exclusively reserved to the Holy See, unless the docu
ment of foundation explicitly gives to the bishop more rights;
the Masses, however, can never be reduced by the bishop, as
Canon 1517, § 2, rules.
The indult to reduce foundation Masses does not give power
to reduce other Masses due by contract, nor other offices and
duties imposed by the pious foundations.
314 THE NEW CANON LAW
The general indult to reduce the obligations of pious foun
dations is to be understood in the sense that the person pos
sessing the indult reduce other obligations rather than Masses,
unless there are reasons to prove that the indult was given for
reduction of Masses. (Canon 1551.)
THE FOURTH BOOK
Canonical Trials
PART I.
PROCEDURE IN COURT.
1346. By the name of ecclesiastical procedure are under
stood the discussion and settlement before the ecclesiastical tri
bunal of controversies over matters in which the Church has the
right to judge.
The subject-matter of canonical trials are: (1) the prose
cution or vindication of the right of physical, or moral, persons,
or to declare the actions of these persons legal ; this is called judi-
cium contcntiosum; (2) offences, in order to inflict or declare a
penalty; this is called a judicium criminalc. (Canon 1552.)
1347. The Church by her own exclusive right judges:
1. the cases which refer to spiritual matters, or to tem
poral matters annexed to spiritual;
2. the violation of ecclesiastical laws and all matters in
which sin may be committed, in as far as the definition of guilt
and the infliction of ecclesiastical punishment for the sins is
concerned ;
3. all cases of persons who enjoy the privilege of the eccle
siastical forum, in accordance with Canons 120, 614 and 680.
In those cases in which the civil authority is competent as
well as the Church, and which are called matters of mixed forum,
there holds the right of prevention, which means that whoever
first calls the case to its tribunal, has the right to judge the case.
(Canon 1553.)
1348. The person who takes a case of the mixed forum
to the secular court after it had been started by the ecclesiastical
judge, can be punished, not however with censures, and he is
deprived of the right to act in the ecclesiastical forum against
the same person in the same or a connected matter. (Canon
1554.) ^
1349. The tribunal of the Congregation of the Holy Office
proceeds according to its own manner and arrangement and re
tains its own proper custom ; and also the inferior tribunals must
315
316 THE NEW CANON LAW
follow the rules given by the Holy Office in cases which belong
to that Congregation.
The other tribunals must observe the laws of the following
Canons.
In the trial for the dismissal of religious the laws of Canons
654-668 are to be followed. (Canon 1555.)
SECTION I.
Trials in General.
1350. Canons 1556-1924 treat of the details of economical
trials of all kinds, and before various tribunals of the Church.
SECTION II.
Special Rules to Be Observed in Certain Specified Trials.
TITLE XVIII.
Manner of Avoiding Canonical Trial.
CHAPTER I.
Transaction.
1351. As it is very desirable that canonical trials between
the faithful be avoided, the judge shall exhort the parties who
apply to him for settlement by process of law of a controversy
over some private affair, to come to an agreement, if there is
some hope that they may come to an understanding.
The judge can issue this invitation either before the parties
are called to court, or when they appear in court for the first
time, or, finally, at any stage of the trial where he thinks the
invitation to be more efficacious and opportune.
It is as a rule more appropriate for the dignity of the judge
not in person to invite the parties to amicable settlement, but
rather to commit this to some priest, especially to one of the
synodal judges. (Canon 1925.)
1352. In this transaction, or friendly settlement, the rules
of the civil law of the place where the transaction takes place,
should he observed, except in cases where the civil law is con
trary either to the Divine or the ecclesiastical law, and the fol
lowing Canons shall also be observed. (Canon 1926.)
COMPROMISE BY ARBITRATION 317
1353. The transaction cannot validly be made either in
criminal or contentious cases in which there is question of dis
solving the marriage bond, or question of matters pertaining to
benefices if the very title to the benefice is the subject of the
dispute, or of spiritual matters, if payment with temporal goods
intervened, unless the legitimate authority gives permission for
settlement.
If the dispute concerns temporal goods of the Church, or
goods which though annexed to spiritual objects can nevertheless
be considered apart from their spiritual aspect, transaction can
take place, provided the formalities prescribed by law for the
alienation of ecclesiastical goods are observed where the subject
matter necessitates this. (Canon 1927.)
1354. The effect of a transaction which has been success
fully brought to conclusion is called compositio, adjustment; or
concordia, agreement.
The expenditures entailed in the transaction shall be equally
divided between the parties, unless the contrary has been ex
plicitly decreed. (Canon 1928.)
CHAPTER II.
Compromise by Arbitration.
1355. In order to avoid judicial trials, the parties may als*
enter into an agreement by which the controversy is committed
to the judgment of one or several men, who shall adjust the
question either according to the rules of law, or discuss and settle
it without the formalities of law according to the rules of equity ;
in the first case they are called arbitri, in the other arbitrator -es.
(Canon 1929.)
1356. The rules of Canons 1926 and 1927 must be applied
also to the compromise of arbitration. (Canon 1930.)
1357. In ecclesiastical cases laymen and those who are
under excommunication or infamy of law, after a condemnatory
or declaratory sentence, cannot validly exercise the office of arbi
ters. Religious shall not accept the office of arbiters without
permission of their superior. (Canon 1931.)
1358. If the parties do not wish to consent either to the
transaction, nor to settlement by arbitri or arbitrators, the con
troversy must be decided by a formal trial outlined in the first
section of the fourth book of the Code. (Canon 1932.)
318 THE NEW CANON LAW,
TITLE XIX.
Criminal Trials.
1359. Offences which fall under criminal procedure are the
public offences.
The offences which arc to be punished by penal sanctions,
contained in Canons 2168-2194, are cxceptcd from the proce
dure of criminal trials.
In offences of the mixed forum the Ordinaries should not,
as a rule, proceed against the offender if he is a lay person and
public justice has been sufficiently satisfied by punishment in
flicted by the civil authority.
Penances, penal remedies, excommunication, suspension, in
terdict, can be inflicted also outside the ecclesiastical court by the
way of precept, provided the offence is certain. (Canon 1933.)
CHAPTER I.
Accusation and Denunciation.
1360. The action of accusation of an offender is exclu
sively reserved to the promoter of justice. (Canon 1934.)
1361. Any of the faithful have at all times the right to
denounce the offence of another for the purpose of asking for
satisfaction, or for reparation of damages, or also for the sake
of justice and the reparation of scandal and sin.
The obligation of denunciation becomes imperative if one
is obliged to it by law or by special legitimate precept, or by the
very law of nature on account of danger to faith and morals or
on account of any other public evil. (Canon 1935.)
1362. The denunciation must be made in writing and
signed by the denouncing party, or orally, before the Ordinary
of the diocese, or the Chancellor of the Curia, the dean, the pas
tor, but if made orally, it shall be put in writing and immediately
forwarded to the Ordinary. (Canon 1936.)
1363. The person who denounces an offence must aid the
promoter of justice in the obtaining of proofs of the offence.
(Canon 1937.)
1364. In cases of injuries and defamation the criminal
trial cannot be instituted against the offender unless denunciation
or complaint has first been made by the injured party.
INQUISITION 319
If, however, there is question of grave injury or defama
tion committed against a cleric or religious, especially one in
dignity, or by a cleric or religious against another, criminal
action can be instituted also ex officiot without denunciation or
complaint, (Canon 1938.)
CHAPTER II.
Inquisition.
1365. If the offence is neither notorious nor altogether
certain, but has become known from rumor and public talk, or
by denunciation, or by complaint of damages, or by a general
investigation made by the Ordinary, or for any other reason, a
special investigation, called in law inquisition, must be made be
fore summoning the supposed offender to court, in order to
ascertain whether and what reason there is in die imputation.
This rule must be observed whether there is question of in
flicting a punitive penalty or a censure, or of issuing a decla
ration of a penalty or censure into which one had fallen. (Can
on 1939.)
1366. Though the inquisition or investigation may be made
by the Ordinary himself, it should by general rule be committed
to one of the synodal judges, unless the same Ordinary wishes
for a special reason to commit it to some one else. ( Canon 1940. )
1367. The inquisitor shall not be delegated for all cases
universally but for one case only at a time.
The inquisitor is held to the same obligations as the ordinary
judges, and first of all he must take the oath to observe secrecy
and to fulfil his office faithfully and to abstain from acceptation
of presents, according to Canons 1621-1624. These Canons de
mand that all officers taking part in a canonical trial must take
the oath tendered either by the bishop or the judge who ap
pointed them to act in the case. Furthermore, these Canons
insist on the obligation of secrecy for all those concerned in the
case, and on the prohibition of accepting presents on occasion
of any acts connected with the trial.
The inquisitor cannot act as judge in the same case. (Canon
1941.)
1368 It is left to the good judgment of the Ordinary to
320 THE NEW CANON LAW
decide when there are sufficient reasons to institute the in
vestigation.
No consideration is to be given to denunciations which come
from a pronounced enemy, or a vile and unworthy person, or
by an anonymous letter that is void of such adjuncts and ele
ments as would tend to make the accusation somewhat probable.
(Canon 1942.)
1369. The investigation must always be conducted secretly
and handled with the utmost care, in order that the rumor of the
offence may not spread and that no one's good reputation may
be endangered. (Canon 1943.)
1370. For obtaining the purpose of the investigation the
inquisitor may call some persons whom he believes to have
knowledge of the affair, and ask them under oath of telling the
truth and of keeping the matter secret.
In the examination of these persons the rules for the exami
nation of witnesses, as given in Canons 1770-1781, should be
followed by the inquisitor as far as possible, and in so far as the
nature of the inquisition permits. (Canon 1944.)
1371. The inquisitor before closing the inquisition may
seek the advice of the promotor of justice whenever he meets
with some difficulty, and communicate to him the acts of the in
quisition. (Canon 1945.)
1372. When the inquisition is brought to a close the in
quisitor shall refer to the Ordinary all results, together with his
own opinion in the case.
The Ordinary, or by his special mandate the appointed judge
of the Curia, called the officialis, shall (1) give orders to make
a statement of the fact which is to be kept in the secret archives
of the Curia, if the investigation proved that the denunciation
was lacking solid foundation; (2) if there are indications of the
offence, but insufficient to bring accusatory action against the
person, the acts shall be kept in the secret archives and the sus
pected individual shall be watched in the meantime. It is left to
the good judgment of the bishop to ask the suspect concerning
the affair and to admonish him, if the suspicion is based on grave
reasons; (3) finally, if there are certain or at least probable and
sufficient reasons at hand to institute the accusation, the guilty
party shall be summoned to appear, and further proceedings shall
be instituted according to the following Canons. (Canon 1946.)
REPRIMAND OF THE DELINQUENT 321
CHAPTER III.
Reprimand of the Delinquent.
1373. If the guilty person confesses the fault, the Ordinary
shall employ the judicial reprimand, if it can take place, instead
of the criminal trial. (Canon 1947.)
1374. The judicial reprimand cannot be employed, (1) in
offences to which is attached the excommunication reserved to
the Holy See specialissimo or speciali mo do, or the privation of
the benefice, the penalty of infamy, deposition or degradation;
(2) when there is question of issuing a declaratory sentence of
a punitive penalty or of a censure into which one has fallen;
(3) when the Ordinary believes that the reprimand would not
suffice for the reparation of scandal and the satisfaction of
justice. (Canon 1948.)
1375. The reprimand may be employed once or twice, not,
however, a third time against the same offender.
Wherefore, if after the second reprimand the offender com
mits again the same crime, the criminal procedure must be started,
or continued, if previously begun, according to Canon 1954 and
the following. (Canon 1949.)
1376. Within the limits of Canons 1947 and 1948, the Or
dinary may make use of the reprimand not only before the formal
trial has commenced, but also after its commencement in the
course of the trial, up to the conclusion of the case; in that case
the trial is suspended, unless it has to be continued because the
reprimand produced no result. (Canon 1950.)
1377. The reprimand may also be employed when com
plaint is made for damages caused by the offence.
In that case the Ordinary may with the consent of the par
ties examine into and decide the question of damage by the rules
of equity.
If the Ordinary, however, judges that the question of
damage cannot easily be decided by the rules of equity, he may
issue the reprimand for the purpose of repairing the scandal and
bringing about the amendment of the offender, and order the
question of damage to be settled by ordinary process of the ca
nonical trial. (Canon 1951.)
1378. The judicial reprimand must, besides salutary ad
monitions, contain, as a rule, certain opportune remedies, or pre-
322 THE NEW CANON LAW
scription of penances or of pious deeds, such as are apt to pub
licly repair the violation of justice, or the scandal.
The salutary remedies, penances, pious works, to be imposed
on the offender should be milder and easier than those which
could or should have been inflicted on him by the sentence of
condemnation in the criminal trial. (Canon 1952.)
1379. The reprimand is considered to have been employed
uselessly if the offender does not accept, or accepts but does not
comply with the remedies, penances and pious works, imposed on
him. (Canon 1953.)
CHAPTER IV.
Construction of the Criminal Trial and Summons of the
Offender.
1380. If the judicial reprimand is either insufficient for
the reparation of scandal and the restoration of justice, or cannot
be employed because the offender denies the offence, or has been
applied uselessly, the bishop, or the official judge by special man
date of the bishop, shall command the acts of the inquisition to
be given to the promoter of justice. (Canon 1954.)
1381. The promotor of justice shall at once draw up the
indictment and present the same to the judge, according to the
laws of canonical procedure laid down in the first section of the
fourth book of the Code. (Canon 1955.)
1382. In more serious offences, where the Ordinary judges
that the accused party would scandalize the faithful by the exer
cise of the sacred ministry, or some spiritual or religious ecclesi
astical office, or by publicly receiving holy Communion, he may
after consultation with the promotor of justice prohibit the
accused party from the exercise of the sacred ministry, or those
offices, or the public reception of holy Communion, as is per
mitted under these circumstances by Canon 2222, §2. (Canon
1956.)
1383. Likewise, if the judge fears that the accused party
may intimidate the witnesses or bribe them, or impede the course
of justice in any other way, he may, after consultation with the
promotor of justice, command by decree that the offender leave
the town or parish, or retire to a specified place and remain there
tinder special surveillance. (Canon 1957.)
MATRIMONIAL CASES 323
1384. The decrees spoken of in Canons 1956 and 1957
cannot be issued until after the accused party has been summoned
and has appeared in court, or has become contumacious; they
may be issued not only after his first appearance in court in
answer to the summons, but also later on in the course of the
trial; against these decrees the law does not allow the accused
party to raise objection. (Canon 1958.)
1385. For the rest of the procedure in criminal cases the
general laws on canonical procedure, contained in the first sec
tion of the fourth book of the Code, are to be followed ; in the
inflicting of penalties the laws of the fifth book of the Code are
to be adhered to. (Canon 1959.)
TITLE XX.
Matrimonial Cases.
CHAPTER I.
Competent Forum.
1386. Matrimonial cases between baptized people belong
by proper and exclusive right to the ecclesiastical judge. (Canon
1960.)
1387. Cases concerning only civil sequences of marriage
belong to the civil magistrates, as stated in Canon 1016, if they
constitute the principal action in the case ; if, however, civil con
sequences are incidental or accessory questions in the case, they
may be examined and decided also by the ecclesiastical judge by
his own authority. (Canon 1962.)
1388. Matrimonial cases of kings, etc., mentioned in Canon
1557, § 1, n. 1, shall be judged exclusively by the S. Congrega
tion, or the tribunal, or special committee, which the Supreme
Pontiff shall in each individual case delegate. The cases of dis
pensation of the matrimonium ratum et non consummatum are
reserved to the S. Congregation of the Sacraments; the cases
which have reference to the privilegiwn Panlinum are reserved
to the S. Congregation of the Holy Office. (Canon 1963.)
1389. Wherefore no inferior judge can institute the canon
ical trial in cases of dispensation of the matrimonium ratum un
less the Holy See has first granted faculty.
324 THE NEW CANON LAW
If, however, a competent judge has by his own authority
instituted trial for nullity of marriage for reason of impotence
and it should happen that, while impotence could not be proved,
there appeared proof of matrimonium non consummatum, all
the acts of the case shall be forwarded to the S. Congregation of
the Sacraments, which may use the proofs for issuing sentence
on the matrimonium ratum et non consummatum. (Canon
1963.)
1390. In all other matrimonial cases that judge is compe
tent who is the lawful judge in the place or diocese in which the
marriage was contracted, or in which the party brought to court
has a domicile or quasi-domicile ; if one of the married parties
is a non-Catholic, the domicile or quasi-domicile of the Catholic
party is to be considered. (Canon 1964.)
1391. If the court is asked to declare marriage invalid for
want of consent, the judge should first of all try by opportune
admonitions to induce the party, whose consent is said to have
been deficient, to renew the consent. If the essential form of
the contract was wanting, or marriage was made invalid by a
diriment impediment of a kind from which the Church can and
usually does dispense, the judge shall endeavor to induce the
parties to renew the consent in the legal form, or to ask for a
dispensation, (Canon 1965.)
CHAPTER II.
Constitution of the Tribunal.
1392. By law of Canon 1576, § 1, n. 1, all marriage cases
in which there is question of the marriage bond itself must be
decided by a board of three judges; in the inquisition for a dis
pensation of a matrimonium ratum et non consummatum there
is but one judge to institute the procedure. (Canon 1966.)
1393. The defensor vinculi matrimonialis must be sum
moned in cases of nullity of marriage as well as in the proceed
ings for collecting proof of the non-consummation of marriage,
and of reasons for the dispensation. (Canon 1967.)
1394. It is the duty of the defensor vinculi:
1. to be present at the examination of the parties, the wit
nesses and the experts ; to present to the judge a list of questions
in closed and sealed enveloppe, to be opened by the judge and pro-
CONSTITUTION OF THE TRIBUNAL 325
posed to the parties or to the witnesses in the very act of the
examination; to suggest to the judge new questions arising from
the examination;
2. to examine the points proposed by the parties and to
contradict them so far as may be necessary; to examine the
documents exhibited by the parties;
3. to write and allege arguments against the nullity of
marriage and in favor of its validity or its consummation; to
bring out all proofs that he thinks useful for maintaining the
validity of the marriage in question. (Canon 1968.)
1395. The defensor vinculi has the right:
1. Always and at any stage of the trial to inspect the
acts of the case, even those not yet made public ; to demand more
time for drawing up his written defence, the time to be allotted
according to the good judgment of the judge;
2. to be informed of all proofs and allegations in such
manner that he may use the right to contradict;
3. to ask that other witnesses be introduced or that the
same be examined over again, even after the trial has been
finished or published, and to make other observations ;
4. to demand that other acts which he suggests be drawn
up, unless the court objects by unanimous vote, (Canon 1969,)
CHAPTER III.
Right to Accuse a Marriage and to Ask the Dispensation
from the Matrimonium Ratum.
1396. The board of judges cannot take cognizance of, nor
decide, any marriage case, unless the regular accusation or legally
made petition has preceded. (Canon 1970.)
1397. The following persons are capable of making accu
sation against a marriage :
1. the married parties in all cases of separation and nullity,
unless they themselves were the cause of the impediment ;
2. the promoter of justice in impediments which are of
their nature public.
All others, though blood relations, have no right to accuse
the marriage but only to denounce its invalidity to the Ordinary
or the promoter of justice. (Canon 1971.)-
1398. The marriage which was not accused during the life
time of both parties cannot be accused after the death of either
326 THE NEW CANON LAW
party, or of both, but is presumed valid in law in such manner
that against this presumption no proof is admitted, except where
the question arises incidentally. (Canon 1972.)
1399. The married parties alone have the right to ask for
a dispensation of a matrimonium ratum et non consummatum*
(Canon 1973.)
CHAPTER IV.
Proofs.
Article I. Witnesses.
1400. Relations by blood or marriage who by Law of
Canon 1757, § 3, n. 3, in any degree in the direct, and in the first
degree of the collateral, line, are excluded as witnesses in other
cases, may act as witnesses in marriage cases of their relations.
(Canon 1974.)
1401. In cases of impotence or non-consummation of mar
riage, unless the impotence or non-consummation is known with
certainty from other sources, each of the married couple must
produce witnesses, who are called septimae mantis, from relations
of blood or by marriage, or if such cannot be had, neighbors of
good reputation, or otherwise well informed persons, who can
swear to the probity of the married couple and especially as to
their veracity concerning the matter of the controversy; the
judge may also introduce other witnesses ex officio, and this he
may, according to Canon 1759, § 3, do in all cases that concern
the public welfare.
The testimony of the septimae manus is an argument of
credibility which adds force to the depositions of the married
couple; it has not, however, the force of full proof, unless it is
supported by other evidence and arguments. (Canon 1975.)
Article II. Bodily Inspection.
1402. In the cases of impotence and non-consummation of
marriage bodily inspection of both, or of one, of the married
parties must be made by experts, unless this appears evidently
useless on account of circumstances. (Canon 1976.)
1403. The experts are to be chosen by the judge after con
sultation with the defensor vinculi, and, besides the general regu
lations of Canons 1792-1805 concerning experts, the following
Canons shall be observed. (Canon 1977.)
END OF TRIAL AND SENTENCE 327
1404. Those who have privately inspected the married
couple concerning the fact on which the petition for declaration
of nullity or non-consummation is based, shall not be admitted
to the office of experts; they may, however, be introduced as
witnesses. (Canon 1978.)
1405. For the inspection of the man two skilled physicians
shall be appointed ex officio, that is to say, by the judge and not
by choice of the parties.
For the inspection of the woman two midwives who have a
legal certificate to practice obstetrics shall be named ex officio, un
less the woman should prefer two physicians for the inspection,
or the Ordinary should think their testimony to be necessary ; the
doctors are likewise to be appointed ex officio.
The bodily inspection of the woman must be done with the
entire observance of Christian modesty and in the presence al
ways of an ho'norable matron to be designated ex officio. (Canon
1979.)
1406. The inspection of the woman by the midwives or
experts must be done by each of them separately.
Each of the physicians or midwives shall make a separate
report within a space of time fixed by the judge.
The judge may subject the report of the midwives to the
examination of an expert physician, if he should think this ad
visable. (Canon 1980.)
1407. After the report has been handed to the judge, the
experts, midwives and matron, shall be separately questioned by
the judge according to points prepared previously by the defensor
vinculi to which they shall answer under oath. (Canon 1981.)
1408. Also in cases of want of consent for reason of in
sanity the judgment of experts is required who shall, if necessary,
examine with scientific precision the sick person and those of his
actions which give reason to suspect insanity ; moreover, experts
who have visited the sick person before the case came to court
shall be heard as witnesses. (Canon 1982.)
CHAPTER V.
Publication of the Trial, Conclusion of the Case, and
Sentence.
1409. After the publication of the trial the parties may,
with the permission of the judge, introduce new witnesses to tes
tify on the various articles of the case.
328 THE NEW CANON LAW
If, however, the same witnesses who have been questioned
on the same points before, are again to be examined on those
points it may be done only before the former testimony of wit
nesses has been made public, and provided there has been no un
derhand agreement or bribe; the defensor vinculi has the right
to oppose with timely exceptions. (Canon 1983.)
1410. The defensor vinculi has the right to demand that
he have the last word in arguing, petitioning and answering, in
writing as well as in the oral defence.
Wherefore the tribunal shall not proceed to a definite sen
tence before having asked the defensor vinculi and received the
answer that he has nothing more to say or to inquire concerning
the case.
If, however, the defensor vinculi does not make any further
statement before the date set for the final sentence, it is presumed
that he has nothing more to add to the defence of the case.
(Canon 1984.)
1411. In cases which refer to the dispensation from the
matrimonium ratum et non consummation, the judge who draws
up the case shall neither publish the acts of the case, nor proceed
to a sentence on the non-consummation of the marriage and the
reasons for a dispensation, but shall forward all the acts of the
case together with the opinion of the bishop and of the defensor
vinculi to the Holy See, (Canon 1985.)
CHAPTER VI.
Appeals.
1412. The defensor vinculi must within the time fixed by
law appeal to a higher tribunal from the first sentence which de
clared a marriage null and void; if he neglects to fulfil this office,
he shall be forced to do so by the authority of the judge. (Canon
1986.)
1413. After the second sentence has confirmed the nullity
of the marriage the parties are free to marry again after ten days
from the publication of the second sentence, provided the defen
sor vinculi of the court of appeal has not within that time ap
pealed the case to a third tribunal. (Canon 1987.)
1414. After the marriage has been annulled, the Ordinary
shall see to it that mention of the annulment is made in the max;-
CASES EXCEPTED FROM TRIAL 329
riage and baptismal records where the marriage had been entered.
(Canon 1988.)
1415. As the sentence in matrimonial cases never becomes
a res judicata, the cases can be opened again if new arguments
come to light, which arguments must, however, be of great
weight, according to Canon 1903. A res judicata is an absolutely
final settlement of a case so that no appeal is accepted against it,
and such a case can be opened only by obtaining the restitutio in
integrum which cannot be granted unless the injustice of the sen
tence has become evident by revelation of facts unknown before.
(Canon 1989.)
CHAPTER VII.
Cases Excepted from the Foregoing Rules
1416. When it is known from sure and authentic docu
ment, which cannot be contradicted or objected to, that a mar
riage was made invalid by the impediments of disparity of cult,
sacred orders, solemn vow of chastity, marriage bond (ligamen),
consanguinity, affinity and spiritual relationship, and it is like
wise absolutely certain that no dispensation from these impedi
ments was obtained, in these cases the formalities mentioned thus
far may be omitted and the Ordinary can declare the nullity of
marriage after having summoned the parties and having given
the defensor vinculi opportunity to examine into the case.
(Canon 1990.)
1417. Against the declaration of nullity the defensor vin
culi may appeal to the higher court if for good reasons he believes
that the impediments given in the preceding Canon are not cer
tain, or that probably dispensation from them was obtained be
fore marriage. If he appeals, the acts of the case are to be sent
to the higher court, which should be reminded of the fact that this
is a case excepted from the ordinary rules of canonical trial.
(Canon 1991.)
1418. The judge of the second instance shall, with the co
operation of the defensor vinculi, examine whether the first sen
tence should be confirmed, or whether the case should be decided
in the regular form of canonical procedure; if his decision is in
favor of a regular trial he shall return the case for trial to the
judge of the first instance. (Canon 1992.)
330 THE NEW CANON LAW.
TITLE XXI.
Cases Against Sacred Ordination.
1419. Cases in which the obligations arising from sacred
orders, or the validity itself of the sacred ordination, are at
tacked, the petition must be sent to the S. Congregation of the
Sacraments, or if the ordination is attacked on account of a sub
stantial defect of the sacred rite, to the S. Congregation of the
Holy Office ; the S. Congregation must decide whether the case is
to be settled by judicial procedure in court, or in the disciplinary
way.
If the case is to be settled by legal procedure the S. Congre
gation remands the case to the tribunal of the diocese which was
the proper diocese of the cleric at the time of the ordination, or, if
the ordination is attacked on account of a substantial defect in
the sacred rite, to the tribunal of the diocese in which the ordina
tion took place ; in case of appeal from the first sentence, the gen
eral rules for the court of the second instance shall be observed.
Canon 1594, treating of the court of second instance, rules:
( 1 ) From the tribunal of a suffragan bishop appeal is to be made
to the archbishop; (2) from cases judged in the first instance
by an archiepiscopal court appeal is to be made to a bishop of an
other diocese which the archbishop may once and for all choose
with the approval of the Holy See; (3) from cases judged in the
first instance by an archbishop who has no suffragans, or a bishop
who is under the immediate jurisdiction of the Holy See, appeal
is to be made to the archbishop chosen in the manner prescribed
by Canon 285; (4) in exempt Religious Orders or congregations
the superior general constitutes the court of the second instance
for cases judged by the provincial; in cases judged by the abbot
of a monastery, appeal may be made to the supreme head of the
monastic Congregation to which the abbey belongs.
If the case is to be decided in the disciplinary form, the S.
Congregation itself settles the question, after a previous informa
tive process instituted by the tribunal of the respective diocese.
(Canon 1993.)
1420. The validity of the sacred ordination may be at
tacked by the cleric as well as the Ordinary to whom the cleric is
subject, or the Ordinary in whose diocese the ordination took
place.
Only a cleric who believes that he did not contract the obli-
PENAL SANCTIONS 331
gallons arising from sacred orders can petition for declaration
of nullity of these obligations. (Canon 1994.)
1421. All the rules laid down by the Canons in the first
section of the fourth book of the Code, as well as the laws under
the special title of matrimonial trials, must with due distinction
also be observed in cases against sacred ordination. (Canon
1995.)
1422. The defensor vinculi of sacred ordination has the
same rights and duties as the defensor matrimonii. (Canon 1996.)
1423. Though action be instituted only over the obligations
of sacred orders, and not against the validity of the ordination,
the cleric must nevertheless be forbidden ad cautelam to exercise
the sacred orders. (Canon 1997.)
1424. In order that a cleric may be free from the obliga
tions arising from ordination, two conformable sentences are
necessary.
In reference to appeal in these cases the laws of Canons
1986-1989 on appeals of marriage cases shall be observed.
(Canon 1998.)
PART II.
CASES OF BEATIFICATION OF THE SERVANTS
OF GOD AND CANONIZATION OF
THE BLESSED.
1425. (Canons 1999-2141.) The interesting details of
procedure in the cases of beatification and canonization of the
Servants of God contained in this section of the Code are setting
forth the particulars of the proceeding, both as to the preparatory
part which the diocesan Curia has in the trial as also the final
judgment by the Sacred Congregation of Rites.
PART III.
THE MANNER OF PROCEDURE IN CERTAIN AF
FAIRS OR IN THE APPLICATION OF
PENAL SANCTIONS.
1426. In the judicial proceedings spoken of below, a no
tary shall always be employed who shall draw up the documents
which have to be subscribed by all concerned, and which must
be kept in the archives. (Canon 2142.)
332 THE NEW CANON LAW
1427. Whenever monitions are prescribed, these must be
made either orally, in the presence of the chancellor or another
official of the Curia, or of two witnesses, or by letter in the man
ner prescribed by Canon 1719. This Canon rules that in case
the written summons cannot be handed by a courier to the per
son called to court, on account of great distance or for other
reasons, it may be transmitted by order of the judge through
the public mail, provided the letter is registered and a return
receipt signed by the party is secured, or in any other way which,
according to the laws and conditions of countries, is considered
safest.
The fact of the giving of the monition and an authentic
copy of its contents is to be preserved in the acts of the case.
He who prevents the monition from reaching himself is con
sidered as though he received it. (Canon 2143.)
1428. The examiners and consul tors and the notary must
at the beginning of the proceedings take the oath to keep secrecy
concerning all they will learn in virtue of their office, and espe
cially about the secret documents, discussions held in the meet
ing, and the number and motives of the votes.
If they do not obey this law, they may not only be removed
from office, but may also be punished by the Ordinary with
fitting penalties, according to the requirements of law; and be
sides they shall be obliged to repair any damage that may have
been caused by their action. (Canon 2144.)
1429. In these trials the summary form is to be followed,
but it is not forbidden to have two or three witnesses testify who
may be summoned either ex officio or at the request of the party,
unless the Ordinary, after consultation with the parochial con-
suitors or examiners, should come to the conclusion that the
witnesses are proposed by the parties to unnecessarily delay the
case.
The witnesses and experts shall not be admitted to testify
except they take the oath. (Canon 2145.)
1430. From the definite sentence there is but one remedy
which consists in recourse to the Holy See.
In that case all the acts of the process are to be forwarded
to the Holy See.
Pending such recourse the Ordinary cannot validly confer
permanently upon another the parish or benefice of which a
cleric was deprived. (Canon 2146.)
REMOVAL OF PASTORS 333
TITLE XXVII.
Manner of Procedure in the Removal of Irremovable
Pastors.
1431. The pastor of an irremovable parish can be removed
for a reason which makes his ministry harmful or inefficient,
even apart from grave guilt on the part of the pastor.
The principal causes for removal are as follows :
1. ignorance, or habitual infirmity either bodily or men
tal, which render the pastor incapable to properly attend to the
duties of his office, if in the bishop's judgment the spiritual wel
fare of the parish cannot be taken care of by appointment of a
parochial vicar (Confer Canon 475);
2. hatred by the people, though unjust and not universal,
provided it be such as to impede the useful ministry of the pastor,
and can be foreseen not to cease within a short time ;
3. loss of good reputation among virtuous and prudent
men, whether this arises from levity of conduct of the pastor,
or from a former offence which has recently been detected, and
which is exempt from penalty on account of prescription, or
from the conduct of servants and blood relations with whom the
pastors lived, unless by their removal the good reputation of the
pastor can be restored ;
4. a probable secret crime of which the pastor has been
accused, from which the Ordinary may prudently judge that in
future great scandal may come to the faithful;
5. inefficient administration of the temporal goods with
great damage to the church or benefice, whenever the evil can
not be remedied either by depriving the pastor of the administra
tion or in any other manner, though otherwise the pastor does
usefully exercise the spiritual ministry. (Canon 2147.)
1432. Whenever the Ordinary learns that according to his
judgment a pastor has fallen into any of the cases of the fore
going Canon, the Ordinary himself shall consult two of the dio
cesan examiners and discuss with them the truth and gravity of
the case, and after this invite the pastor, either in writing or
orally, to tender resignation of his parish within a specified
period of time, unless there is question of a pastor mentally
afflicted.
The invitation to resign must contain the reason which
334 THE NEW CANON LAW
prompts the Ordinary to take this step, and the arguments on
which the charge is based, otherwise the proceeding is invalid.
(Canon 2148.)
1433. If the pastor does not resign within the specified
time, nor ask for delay, nor attack the reasons of the charge
made against him, and the Ordinary has made sure that the in
vitation was properly issued and actually received by the pastor,
and that the latter had no legal excuse for delaying an answer,
the Ordinary shall at once remove him from the parish, without
being held to the law of Canon 2154.
If there is no certainty concerning the two points, namely,
that the pastor has received the invitation, and that by his own
fault he neglected to answer, the Ordinary shall either repeat
the invitation to resign or prolong the time in which reply must
be made. (Canon 2149.)
1434. If the pastor resigns his parish the Ordinary shall
declare the parish vacant.
The pastor may instead of the reason stated by the Ordinary
give another, less disagreeable and grave motive why he resigns,
provided it be true and lawful, for instance, in order to comply
with the wishes of the Ordinary.
The resignation may be made not only purely and simply,
but also under condition, provided the condition can be and ac
tually is accepted by the Ordinary; the resignation to be valid
must be made in writing or orally in presence of two witnesses,
as demanded by Canon 186. (Canon 2150.)
1435. The pastor who wishes to attack the reason for
removal mentioned in the invitation, may ask for delay to fur
nish proofs which respite the Ordinary may grant according to
his own good judgment, provided it does not become detrimen
tal to the spiritual welfare of the faithful. (Canon 2151.)
1436. The Ordinary must discuss, approve or reject the
reasons urged by the pastor against the invitation with the ex
aminers mentioned in Canon 2148, § 1, in order that the proceed
ing may be valid.
The decision, whether in the affirmative or negative, is to
be made known to the pastor by a decree. (Canon 2152.)
1437. The pastor may within ten days object to the decree
of removal to the same Ordinary, who, in order to act validly
must consult two of the parochial consultors and examine, ap-
REMOVAL OF PASTORS 335
prove or reject the new arguments as well as those advanced
by him in the first trial ; he must make his decision within ten
days from the appeal.
The pastor may, with the permission of the Ordinary, who
must ask the advice of the parochial consultors on the matter,
introduce witnesses whom he can prove he was unable to produce
in the first trial.
The decision is to be made known to the pastor by a decree.
(Canon 2153.)
1438. After a pastor has been removed, the Ordinary shall
consult the diocesan examiners or the parochial consultors who
took part in deciding the removal, what is to be done concerning
the pastor. According to the circumstances of the case he may
either be transferred to another parish, or assigned to some other
office or benefice, if he is capable and deserving of such office, or
be pensioned.
All other things being equal, the pastor who resigns is to be
more favored in the provision made for him than the pastor who
is removed. (Canon 2154.)
1439. The question of providing for the removed pastor
may be settled by the Ordinary, either in the decree of removal
or afterwards, but it should be done as soon as possible. (Canon
2155.)
1440. The priest who is removed from a parish must as
soon as possible vacate the parochial residence and turn over to
the new pastor, or to the economus appointed by the bishop, all
goods belonging to the parish.
If, however, the pastor should be sick and cannot be re
moved without inconvenience, the Ordinary shall relinquish to
him even the exclusive use of the house, for so long as he is in
that condition. (Canon 2 156.)
TITLE XXVIII.
Manner of Procedure in Depriving Removable Pastors of
Their Parish.
1441. The movable pastor may be removed from his parish
for a good and serious reason according to the law of Canon
2147.
336 THE NEW CANON LAW
In reference to pastors belonging to religious communities
the law of Canon 454, § 5, shall be observed. (Canon 2157.)
1442. If the Ordinary believes that there is present one
of these reasons for removal, he shall paternally admonish and
exhort the pastor to resign, indicating to him the reason why his
parochial ministry is harmful to the faithful, or at least inefficient.
(Canon 2158.)
1443. If he does not answer within the specified days the
law of Canon 2149 is to be enforced. If the pastor refuses to
resign, he shall give his reasons in writing, which the Ordinary
must consider with two of the diocesan examiners, in order to
act validly. (Canon 2159.)
1444. If the Ordinary after having heard the examiners
does not judge the pastor's reasons legitimate, he shall repeat the
admonition to resign threatening removal if the pastor should
not of his own accord resign the parish within a suitable period
of time to be fixed by the bishop. (Canon 2160.)
1445. The specified period of time having elapsed, which
may also be prolonged according to the good judgment of the
bishop, he shall issue the decree of removal.
The Ordinary shall provide for the removed pastor accord
ing to the rules of Canons 2154-2156. (Canon 2161.)
TITLE XXIX.
Manner of Procedure in the Transfer of Pastors.
1446. If the good of souls necessitates the transfer to
another parish of a pastor who administers his parish satisfac
torily, the Ordinary shall invite and persuade the pastor to con
sent to the change for the love of God and the welfare of souls.
(Canon 2 162.)
1447. The Ordinary cannot transfer an irremovable pastor
against his will, unless he has obtained special faculties from the
Holy See.
A movable pastor, however, may also against his will be
transferred, if the parish to which he is to be transferred is not
too much inferior to his present parish, provided the following
Canons are observed. (Canon 2163.)
1448. If the pastor does not yield to the invitation and per-
PROCEDURE AGAINST CLERICS 337
suasion of the Ordinary to accept another parish, he shall explain
his reasons in writing. (Canon 2164.)
1449. If the Ordinary, notwithstanding the reasons alleged
by the pastor, should nevertheless desire to make the change, he
must, in order to act validly, consult two of the parochial con-
suitors on the reasons advanced by the pastor, and discuss with
them the circumstances of the parish in which the pastor is sta
tioned at present, and the parish to which he is to be transferred,
and explain the reasons which make the transfer of the pastor
either useful or necessary. (Canon 2165.)
1450. If the Ordinary after having heard the parochial
consultors should still want to make the change, he shall repeat
the exhortations and admonish the pastor to heed the desire of
his superior. (Canon 2166.)
1451. If after all this the pastor still refuses to consent to
the transfer, and the Ordinary still believes that the change
should be made, he shall command the pastor to go to the other
parish within a specified time, and indicate to him in writing that
the present parish which he occupies shall be considered vacant
ipso facto Q.t the expiration of the specified period of time.
If this period has elapsed without result, he shall declare the
parish vacant, ( Canon 2 1 67 . )
TITLE XXX.
Manner of Procedure Against Clerics Not Observing the
Law of Residence.
1452. The pastor, canon, or other cleric, who neglect the
law of residence to which they are bound by reason of their bene
fice shall be admonished by the Ordinary and in the meantime, if
there is question of a pastor, the bishop shall at the expense of
the pastor provide that the welfare of souls does not suffer harm.
In the monition the Ordinary shall remind such offenders
of the penalties which clerics incur who do not keep residence,
and that according to the law of Canon 188, n. 8, the benefice
shall become vacant ipso facto if they do not obey the admoni
tion; the bishop shall specify the period of time in which they
must return to their residence. (Canon 2168.)
1453. If the cleric does not resume his residence within
the specified period of time, nor give reasons for his absence, he
338 THE NEW CANON LAW
shall declare the parish or other benefice vacant in the manner
prescribed by Canon 2149. (Canon 2169.)
1454. If the cleric resumes his residence, and if his ab
sence had been illegitimate, the Ordinary shall not only deprive
him of the income of the benefice for the time of his absence,
which he forfeits eo ipso in virtue of Canon 2381, but may, if
the case calls for it, punish him with other penalties, in addition,
according to the measure of his guilt. (Canon 2170.)
1455. If the cleric does not resume his residence, but gives
reasons for his absence, the Ordinary together with two of the
diocesan examiners shall consider the matter, and, if necessary,
investigate whether the reasons given are legitimate. (Canon
2171.)
1456. If after consultation with the examiners the Ordi
nary judges that the reasons are not legitimate, he shall again
give the cleric a specified period of time in which he is to return,
saving always the privation of the income for the time of illegal
absence. ( Canon 2 1 72. )
1457. If a movable pastor does not return within the pre
scribed time, the Ordinary can at once proceed with the privation
of the parish. If he returns, the Ordinary shall give him a com
mand in writing not to again leave the parish without his per
mission under penalty of privation of the parish to be incurred
ipso facto. ( Canon 2 1 73. )
1458. If the cleric who has an irremovable benefice does
not resume his residence, but offers new reasons for his absence,
the Ordinary shall examine them together with the same exam
iners in the manner specified in Canon 2171.
If the bishop and the examiners do not think the reasons to
be legitimate, the Ordinary shall without consideration of any
further arguments command the cleric to return within the time
first specified, or within a new term set by the bishop, under pen
alty of privation of the benefice to be incurred ipso facto.
If he does not return, the Ordinary shall declare him de
prived of his benefice; if he returns, the Ordinary shall give him
the precept mentioned in Canon 2173. (Canon 2174.)
1459. In neither case shall the Ordinary declare the bene
fice vacant until after he has discussed with the examiners the
reasons for absenting himself offered by the cleric, and has made
PROCEDURE AGAINST CLERICS 339
certain that the cleric could have asked the written permission
of the bishop for leave of absence. (Canon 2175.)
TITLE XXXI.
Manner of Procedure Against Clerics Living in Concubinage.
1460. The cleric who, contrary to the law of Canon 133,
keeps under his roof, or in any manner frequents, a woman of
suspicious character shall be admonished by the Ordinary to send
her away, or not to frequent her, threatening the penalties which
Canon 2359 decrees against clerics living in concubinage.
(Canon 2176.)
1461. If the cleric does neither obey the precepts nor
answer, the Ordinary after having ascertained that the cleric
could have done so, shall: (1) suspend him a divinis; (2) if he
is a pastor, deprive him at once of his parish in addition to the
suspension; (3) deprive the cleric who holds a benefice without
the care of souls, of one-half of the income of the benefice, if
within two months from the suspension he did not amend ; after
three more months of all the income of the benefice; after an
other three months of the benefice itself. (Canon 2177.)
1462. If the cleric does not obey, but adduces reasons of
excuse, the Ordinary shall consult two of the examiners on those
points. (Canon 2 178.)
1463. If the Ordinary after consultation with the exam
iners does not believe the proffered reasons to be legitimate, he
shall as soon as possible inform the cleric of his judgment, and
give him a formal precept to obey within a short time to be fixed
by the bishop. (Canon 2179.
1464. The Ordinary can alonce coerce a movable pastor
who does not obey, by inflicting punishment according to Canon
2177. If there is question of a cleric who holds an irremovable
benefice, and who does not obey the bishop's orders in this mat
ter, but offers new reasons for his conduct, the bishop shall sub
ject these new allegations to the examination of the diocesan
examiners according to the form of Canon 2178. (Canon 2180.)
1465. If also these reasons are not recognized as legitimate,
the Ordinary shall again command the cleric to obey within a
suitable period of time; if this period has elapsed without the
desired effect, he shall proceed according to the law of Canon
2177. (Canon 2181.)
340 THE .YEW C-4.YO.V
TITLE XXXII.
Manner of Procedure Against a Pastor Who Is Negligent in
the Fulfilment of the Pastoral Duties,
1466. A pastor who seriously neglects or violates the
parochial duties imposed by Canons 467. § 1. 468, § 1, 1330-1332,
and 1344, shall be admonished by the bishop, who shall remind
him of the strict obligation of conscience by which he is bound,
and of the penalties which the law decrees against these offences.
(Canon 2182.)
1467. If the pastor does not amend, and the bishop after
having consulted on the matter two of the diocesan examiners,
and having given the pastor opportunity to defend himself should
have found proof that the above mentioned parochial duties have
again and again been neglected or violated for a considerable
length of time, and in important mattes, without any just rea
son, he shall rebuke the pastor and impose on him an appropriate
penalty in proportion to his offence. (Canon 2183.)
1468. If both the rebuke and the punishment brought no
fruit, the Ordinary after having proved according to the norm of
Canon 21 S3, the culpable perseverance in the neglect or violation
of his pastoral duties in matters of importance, he can at once
deprive the movable pastor of his parish: the immovable pastor,,
however, shall be deprived of the income from the benefice either
in whole or in part in proportion to the gravity of the guilt: the!
income of which the pastor was deprived is to be distributed to
the poor by the Ordinary. (Canon 2184.)
1469. If the irremovable pastor persist in his sinful care
lessness, and such has been proved in the manner prescribed by
the foregoing Canons, the bishop can remove also die irremovable
pastor. (Canon 2185.)
TITLE XXXIII.
Manner of Procedure for Infliction of the Suspension
ex Informata Conscientia,
1470. The Ordinaries may punish their subject clerics t*
iftformdf j cc*scit**tia either by a complete or a partial suspension.
The Ordinary is not allowed to make use of this extraor
dinary means of procedure except in a case where he could nod
INFLICTION OF SUSPENSION 341
without great inconvenience proceed against a subject in the ordi
nary course of law. (Canon 2186.)
1471. In order to issue this suspension neither the form
of a judicial trial is required nor canonical monitions, it suffices
that the Ordinary in compliance with the following Canons issue
a decree in which he simply declares that he inflicts the suspen
sion. (Canon 2187.)
1472. This decree is to be given in writing, unless the cir
cumstances demand otherwise, in which document, besides day,
month, and year in which it is issued, shall be indicated the fol
lowing: (1) it shall be explicitly stated that the suspension is
inflicted c.r informata consrieniia, that is to say, for reasons
known to the Ordinary; (2) the time of duration of the penalty
shall be indicated ; the Ordinary should abstain from inflicting a
perpetual suspension. It may, however, be inflicted also as
a censure, provided that in such case the cleric is advised of the
reason why the suspension is inflicted on him; (3) the acts which
are forbidden, if it is not a total, but only a partial suspension,
must be clearly specified. (Canon 2188.)
1473. If the cleric is suspended from an office for which
some one else has to be substituted, as for instance, the priest
who takes the suspended pastor's place in the care of souls, the
substitute shall receive such compensation from the revenue of
the benefice as the Ordinary shall by his own good judgment
specify.
The cleric who thinks that the substitute receives too much
of the revenue of the benefice, to the detriment to his own in
come, may apply for a reduction to the immediate superior who
would be the judge of appeal in the regular canonical trial.
(Canon 2189.)
1474. The Ordinary who inflicts a suspension ex informata
conscicntia must have by previous investigations collected such
proofs that give him certainty that the cleric did actually commit
an offence serious enough to be punished with such a penalty.
(Canon 2190.)
1475. An occult offence, as described in Canon 2197, n. 4,
furnishes a just and legitimate cause to inflict the suspension
ex informata conscientia.
A notorious offence cannot be punished by suspension ex
informata conscicntia.
342 THE NEW CANON LAW
If a public offence is to be punished by suspension ex in-
formata conscientia, it is necessary that one of the following
circumstances occur: (1) if conscientious and serious minded
witnesses do indeed make known to the Ordinary an offence
which was committed, but cannot in any way be induced to tes
tify in court to the crime, and there is no other way open to
convict the offender in a judicial trial; (2) if the cleric himself,
by threats, and the use of other means, prevents the canonical
trial from starting, or, if started, from progressing; (3) if an
impediment to the prosecution of the canonical trial or to the
issue of the sentence arises from adverse civil laws, or from fear
of great scandal. (Canon 2191.)
1476. The suspension ex informata conscientia is valid if
of several offences one only is occult. (Canon 2192.)
1477. It is left to the prudent judgment of the Ordinary
to make known or to conceal to the cleric the cause or offence
for which the suspension is inflicted, but if he thinks it well to
make known the reason, he should do so with pastoral solicitude
and charity, so that the penalty accompanied with paternal ad
monition may serve not only for the satisfaction of the guilt,
but also bring about the amendment of the offender, and serve
to eliminate the occasion of sin. (Canon 2193.)
1478. If the cleric has recourse to the Holy See against
the suspension inflicted on him, the Ordinary must forward to
the Holy See the proofs from which it is made certain that the
cleric has really committed an offence which can be punished
by this extraordinary penalty, (Canon 2194.)
THE FIFTH BOOK
Offences and Penalties
PART I.
OFFENCES.
TITLE I.
Nature and Division of Offences.
'"*%-' '*S(*
1479. By the generic name of delictum there is in eccle
siastical law meant an external and morally sinful violation of a
law to which is attached a canonical sanction or penalty, at least
indeterminately.
What is said concerning the violation of a law applies equally
to the violation of precepts to which a penalty has been attached,
unless the contrary is apparent from the circumstances. (Canon
2195.)
1480. The nature of an offence is to be judged from the
subject matter of the law. The greater or lesser culpability
depends not only on the gravity of the law which is violated, but
also on the degree of sinfulness of the action and the harm
caused. (Canon 2196.)
1481. An offence is called:
1. Public, if it actually has been divulged or circumstances
are such that it easily can and must become public ;
2. Notorious, by notoriety of the law, after the sentence of
a competent judge has become a res judicata, that is to say, a
sentence from which there is no appeal, or after a confession
made in court in presence of the judge ;
3. Notorious by notoriety of fact, if the offence is publicly
known and has been committed under such circumstances that
it cannot be kept secret by any artifice, nor can be excused by
any subterfuge of law;
4. Occult, which is not public; occult materialiter, if the
crime itself is not known; occult formaliter, if the person to
whom it is to be imputed is not known. (Canon 2197.)
1482. An offence which solely violates a law of the Church
343
344 THE NEW CANON LAW
is by its very nature subject only to punishment by the ecclesias
tical authority, which may at times ask the assistance of the
civil power when it judges such help necessary or opportune. An
offence which violates solely a law of the civil authority is pun
ished by the civil authority by its own right, saving the exception
of Canon 120, though also the Church is competent to judge it
by reason of the sin ; the offence which violates the law of either
society, can be punished by both. (Canon 2198.)
TITLE II.
Imputability of an Offence, Causes Which Aggravate or
Diminish It, and Juridical Effects of an Offence.
CfC/M*r
1483. The imputability or responsibility of an offence de
pends on the evil intention of the delinquent, or on the amount of
guilt in his ignorance of the law which he broke, or in the omis
sion of due diligence. Wherefore all causes which increase,
diminish or take away, deliberate evil will and sinfulness, do also
eo ipso increase, diminish or take away, imputability or responsi
bility. (Canon 2199.)
1484. By the term dolns is understood here the deliberate
will to violate the law, to which is opposed, on the part of the
mind, defect of knowledge, and, on the part of the will, the want
of liberty.
Whenever the law is violated by external action, the delib
erate will is presumed in the external forum, until the contrary is
proved. ( Canon 2200. )
1485. Incapable of committing an offence are those who
do not enjoy the use of reason.
Habitually insane persons, though they have at times lucid
moments, or seem to be sane in certain ways of reasoning and
acting, are nevertheless presumed incapable of an offence.
An offence committed in voluntary drunkenness is somewhat
responsible, but in a lesser degree than if the same offence is com
mitted by a person fully in control of his senses, unless drunken
ness was sought deliberately for the purpose of committing the
crime, or to excuse it. If the law has been violated in involun
tary drunkenness, there is no responsibility at all if the intoxica
tion deprived the person altogether of the use of reason; respon
sibility is diminished if the use of reason was only partially
EFFECTS OF AN OFFENCE 345
impaired. The same is to be said of other, similar disturbances of
the mind.
Debility of mind diminishes the responsibility of an offence
but does not take it away altogether. (Canon 2201.)
1486. The violation of a law of which one was ignorant
is not put to one's account if the ignorance was inculpable; other
wise the responsibility is more or less diminished in proportion
to the amount of the sin fulness of the ignorance.
Ignorance of the penalty only attached to the violation of a
law does not take away the responsibility for the offence, but
diminishes it somewhat.
What is said of ignorance holds good also in reference to
inadvertence and error. (Canon 2202.) (Cf. Canon 2229.)
1487. If a person violates a law by the omission of due
diligence, the responsibility is diminished in a degree to be
measured by the good judgment of the ecclesiastical judge ac
cording to the circumstances of the case. If the offender fore
saw the occurrence and nevertheless neglected to use such pre
cautions as any prudent man would have used, the guilt is next
to wilful violation of the law.
An accidental case which could not be foreseen, or, if fore
seen, could not be avoided, is free from all responsibility.
(Canon 2203.)
1488. Minor age, unless the contrary is apparent, dimin
ishes the responsibility, all the more so the nearer it approaches
infancy. (Canon 2204.)
1489. Physical violence which robs a person of all free
dom of action excludes all idea of crime.
Grave fear, even relatively such, necessity and also great
inconvenience, excuse as a rule from all guilt, if there is question
of purely ecclesiastical laws.
If, however, the act is intrinsically evil, or involves contempt
of faith or of ecclesiastical authority, or the harm of souls, the
circumstances spoken of in the preceding paragraph do indeed
diminish the responsibility but do not take it away.
The case of legitimate self-defence against an unjust aggres
sor, with due precaution not to injure the aggressor more than
necessary for self protection, excuses from all guilt; otherwise
the responsibility is only diminished, as is the case also where
provocation entices a person to do wrong. (Canon 2205.)
346 THE NEW CANON LAW
1490. Passion, when voluntarily and deliberately excited
or nourished, does rather increase the responsibility ; otherwise it
diminishes the guilt more or less in proportion to the vehemence
of the passion; it may also take away all responsibility if the
passion rises suddenly and with such intensity as to exclude re
flection and consent of the will or to impede free consent.
(Canon 2206.)
1491. Besides other aggravating circumstances, the guilt is
increased: (1) By the greater dignity of the person who commits
an offence, or against whom the crime is committed; (2) by the
abuse of authority or of an office for the commission of an
offence. (Canon 2207.)
1492. A recidwu-s in the terminology of law denotes a per
son who again commits an offence of the same kind for which
he had been condemned previously, and under such circum
stances and at such a time that his obstinacy in evil intention may
with good reasons be conjectured from his actions.
He who offends several times, though in various kinds of
violations, increases his responsibility. (Canon 2208.)
1493. Those who agree to cooperate in the same offence by
united physical action are all held guilty in the same degree, un
less the circumstances increase or diminish the culpability of one
or the other.
In an offence which of its very nature requires an accom
plice, both parties are held equally guilty, unless the circum
stances prove '.he contrary.
Not only the one who orders the commission of an offence,
and who is therefore the principal author of the crime, but also
all who induce another or help him in any way to commit the
crime, are cetcris paribus contracting the same guilt as the
executor of the misdeed himself, if the deed would not have been
committed without their cooperation.
If their cooperation, however, only facilitated the misdeed
which would have been committed even without their help, it is
less sinful.
He who ceased to cooperate in the crime by timely with
drawal from all participation is freed from all responsibility,
though, for reasons of his own, the executor of the misdeed per
petrated the crime; if he did not completely withdraw his in
fluence, his retraction diminishes but does not take away respon
sibility altogether.
'ATTEMPTED CRIME 347
He who cooperates in a crime merely by neglect of his duty
is held responsible to a degree proportionate to his obligation of
preventing the crime.
Praise of the accomplishment of a crime, participation in its
fruits, receiving or concealing the delinquent, and other actions
following after the crime has been fully completed, may constitute
new crimes, namely if these actions are punished in law by
penalties, but, unless they had made an agreement with the
offender about these actions before he committed the crime, they
do not import responsibility for the crime. (Canon 2209.)
1494. From the commission of a crime follows :
1. the penal action, either for the declaration or the inflic
tion of the penalty and the petition for satisfaction;
2. the civil action, for reparation of damages, if the crime
caused losses to anyone.
Both actions are to be instituted in court according to the
rules of Canons 1552-1959; the same judge who handles the
criminal cause may also, at the instance of the party that suffered
damages, examine into and give sentence in the civil action.
(Canon 22 10.)
1495. All persons who cooperate in a crime in the manner
described in Canon 2209, §§ 1-3, are individually held to pay the
expenses and repair the damages done to other persons by the
crime, though the judge should have condemned them ©nly to a
portion of the expenses and damages. If, therefore, some of the
cooperators cannot, or do not, contribute their share the others
are held for all expenses and damages. (Canon 2211.$
TITLE III.
Attempted Crime.
1496. He who places an action, or omits an actien, which
of its very nature leads to the execution of a crime, but does
not complete the act either because he changed his mind or was
not successful in the execution of the crime on account ©f insuffi
cient or inadequate means, is said to be guilty of attempted crime.
If all actions were placed or omitted which naturafly lead to
the execution of a crime and would have sufficed to perpetrate it,
but, on account of other causes that interfered against the will
of the intended criminal, he did not accomplish the crime, it is
properly called -frustrated crime.
348 THE NEW CANON LAW
The person who induces another to commit a crime, but
does not succeed, is nearly as wicked as a person guilty of at
tempted crime.
Attempted crime that is punished in law with a special
penalty, constitutes a real crime. (Canon 2212.)
1497. Attempted crime is sinful to a greater or lesser
degree in proportion to its greater or lesser proximity to the
accomplishment of the crime, though always less sinful than a
committed crime.
Frustrated crime is more sinful than merely attempted
crime.
He who of his own accord desisted from the execution of
a crime which he had started to commit is free from all respon
sibility if no damage was caused nor scandal given. (Canon
2213.) The Canon speaks, of course, of responsibility in the
external forum or the courts of law, and not of the interior
sinful acts of the will, which might in such case be a very serious
sin of internal consent, and of will to do a forbidden action.
PART II.
PENALTIES.
SECTION I.
Penalties in General.
1498. It is the innate and proper right of the Church, inde
pendently of any human authority to punish her guilty subjects,
with both spiritual and temporal penalties.
The admonition of the Council of Trent (session XIII, de
ref. cap. 1 ) to the bishops and other Ordinaries is here repeated,
from which it is evident that the Church does not favor the
hasty and rash use of extreme penalties and censures but reminds
the bishops to consider their subjects as children and brethren,
and to try as long as possible, by patience and kindness, to
influence them to strive after virtue and to desist from vice.
(Canon 2214.)
TITLE IV.
Definition, Species, Interpretation and Application of
Penalties.
1499. An ecclesiastical penalty is the privation of some
good, inflicted by the legitimate authority on the delinquent for
APPLICATION OF PENALTIES 349
his correction and for punishment of the offence. (Canon
2215.)
1500. There are three kinds of penalties in the Church:
(1) The so-called corrective punishments or censures; (2) puni
tive penalties ; (3) penal remedies and penances. (Canon 2216.)
1501. A penalty is called:
1. Determined, when the precise nature of it is specified
in a law or precept; undetermined, if the law, in either perceptive
or facultative terms, leaves the determination of the penalty to
the good judgment of judge or superior;
2. Latae sententiae, if a specified penalty is attached to a
law or a precept in such a manner that it is incurred by the very
commission of the crime; ferendae sententiae, if the judge or
superior is instructed to inflict a certain penalty;
3. A jure, if the penalty is specified in the law itself, as
either latae or ferendae sententiae; ab homine, if a penalty is
inflicted by means of a special precept or condemnatory sentence
of a judge, though the punishment is prescribed in law ; where
fore a penalty ferendae sententiae attached to a law is a jure
tantum before the condemnatory sentence, after the sentence it
is both a jure and ab homine but is considered as ab homine.
A penalty is always understood to be ferendae sententiae,
unless the law explicitly states that it is latae sententiae, or that
it is incurred ipso facto, or ipso jure, or if other similar terms are
employed. (Canon 2217.)
1502. In the infliction of penalties the punishment must be
in just proportion to the offence, having due regard to the
amount of responsibility, scandal and damage; wherefore atten
tion is to be paid not only to the subject matter of the law and
its gravity, but also to the age, knowledge, education, sex, state of
life, and the condition of mind, of the delinquent, to the dignity
of the person against whom the crime is committed, or who com
mitted the offence, to the purpose intended, the place and time and
where and when the offence was committed, whether the offender
acted under the impulse of passion or out of grave fear, whether
he repented of his misdeed and tried himself to prevent its evil
consequences, and other similar circumstances.
Circumstances which excuse from all sin, and also those
excusing from mortal sin, do likewise excuse from incurring any
penalty whether latae or ferendae sententiae; the excuse holds
350 THE NEW CANON LAW
also in the external forum if the mitigating circumstances can be
proved.
Mutual injury is considered a compensation, so that neither
party can ask for reparation, unless one party deserves con
demnation on account of having done greater injury to the
other, in which case the penalty is to be milder than in a case
where there was no mutual injury. (Canon 2218.)
1503. In penalties the milder interpretation is to be applied.
If it is doubtful whether a penalty inflicted by a superior
is just, the punishment must nevertheless be accepted, both for
the internal and the external forum, except in cases of appeal in
suspensivo.
Penalties are not to be extended from person to person, or
from case to case, though there is the same or even a greater
reason, unless several persons participated in a crime in a man
ner that each one's cooperation was necessary to accomplish the
crime (cf. Canons 2231 and 2209, §§ 1-3). (Canon 2219.)
TITLE V.
Superiors Having Coercive Power.
1504. Superiors who have the power to make laws or
impose precepts, can also attach penalties to the law or precept.
Persons who possess judicial power only, can do no more than
apply the penalties legally prescribed, in the manner demanded
by law.
The vicar general without a special mandate has no power
to inflict penalties. (Canon 2220.)
1505. Those who have legislative power can, within the
limits of their jurisdiction, attach a penalty or increase the pun
ishment fixed by law, not only in their own and their predeces
sors' laws, but also, for reason of peculiar circumstances, in the
Divine as well as the ecclesiastical laws of a higher superior in
force in the territory of the inferior authority. (Canon 2221.)
Cf. exception to this law in reference to papal censures in
Canon 2247.
1506. Though the law may not have any sanction attached
to it the lawful ecclesiastical superior can punish the trans
gression of the law with some just penalty, even without first
threatening with punishment, if perhaps scandal was given or
SUPERIORS HAVING COERCIVE POWER 351
the special gravity of the transgression calls for it. Otherwise
the offender cannot be punished except he has been first admon
ished and been threatened with the penalty of either latce or
ferendcr sententice in case of transgression, but nevertheless vio
lated the law.
In a case where the perpetration of an offence is only prob
able, or while the crime is certain it is doubtful whether the penal
action against that crime has been prescribed by lapse of time,
the legitimate superior has not only the right, but also the duty
not to promote a cleric of whose fitness he is not certain, and
for the sake of avoiding scandal, to prohibit a cleric from the
exercise of the sacred ministry, or also to remove him from
office, according to the norms of law; but all this has not the
nature of a penalty in this case. (Canon 2222.)
1507. In the application of the penalty the judge cannot
augment the penalty specified in law, unless extraordinary aggra
vating circumstances demand it.
If the law in stating a penalty ferendce sent entice uses op
tional terms, it is left to the good judgment and conscience of
the judge to inflict it, or, if the penalty is specified, to mitigate it.
If the law uses terms importing a precept, the penalty must
ordinarily be inflicted, but it is left to the conscience and good
judgment of the judge, or the superior, ( 1 ) to defer the applica
tion of the penalty to a more opportune time, if by hasty punish
ment of the offender greater evils can be foreseen to follow;
(2) to abstain from inflicting the penalty if the offender has
amended entirely, and has repaired the scandal, or has been, or
will be, sufficiently punished by the penalties decred by the law
of the civil authority; (3) to mitigate the specified penalty, or
in its place to employ one of the penal remedies, or to impose
some penance, if there is a circumstance which notably dimin
ishes the guilt, or, though the offender has either amended or
has been punished by civil authority, the judge or the superior
do nevertheless think it proper to impose some mild punishment.
As a rule, it is left to the good judgment of the superior to
declare a penalty latce sententice; but, either at the instance of
the party interested, or when the public weal demands it, the
declaratory sentence must be issued. (Canon 2223.)
1508. Generally speaking there are as many penalties as
there are offences.
352 THE NEW CANON LAW
If, however, on account of the great number of offences
there would be too great an accumulation of penalties to be
inflicted, it is left to the good judgment of the judge either to
impose the severest of the penalties, together with some penance
or penal remedy, or to moderate the penalties within the limits
of equity and with due regard to the number and gravity of the
offences.
If there is a penalty fixed for the attempted crime as well
as for the consummated crime, and the crime has been accom
plished, the penalty for consummated crime only should be
imposed. (Canon 2224.)
1509. If the declaration or infliction of the penalty is
pronounced by judicial sentence, the laws of the Canons in refer
ence to the pronouncement of judicial sentences are to be ob
served; if, however, the penalty of either latce or ferenda
sententia is inflicted by way of special precept, the declaration
or infliction of the penalty should ordinarily be done either in
writing or in the presence of two witnesses; Canon 2193 is also
to be observed, (Canon 2225.)
TITLE VI.
Persons Subject to the Coercive Power.
1510. Persons held to a law or precept to which a penalty
is attached, are subject to the penalty, unless they are explicitly
excepted.
Though a more recent penal law abrogates a former law,
the milder of the two penalties is to be imposed in the case
where the offence had already been committed when the more
recent law was enacted.
If the more recent law abolishes either the former law itself
or only the penalty attached to it, the penalty ceases immediately
though the law had been violated while the penalty was still in
force; a censure, however, which had been incurred does not
cease with the change of the law, but requires absolution.
The penalty binds the offender everywhere, and also after
the superior inflicting the same has passed out of office, unless
the contrary is explicitly stated. (Canon 2226.)
1511. The Roman Pontiff only can declare a penalty
against, or inflict it on, the persons mentioned in Canon 1557,
SUBJECTS TO THE COERCIVE POWER 353
§ 1, namely, the supreme heads of nations and their children,
Cardinals, Legates of the Holy See and bishops in criminal cases.
Cardinals do not incur penalties unless they are explicitly
mentioned, and the same applies to bishops in reference to sus
pensions and interdicts lat<z sententia. (Canon 2227.)
1512. The penalty attached to a law is not incurred unless
the offence committed is complete in its kind, according to the
proper meaning of the terms of the law. (Canon 2228.)
1513. Affected ignorance of either the law, or of its
penalty only, does not excuse from any penalties latce sententice,
though the law contains the terms mentioned in the following
paragraph.
If the law has these words: prasumpserit, ausus fuerit,
scienter, studiose, temerarie, consulto egerit, and other sim
ilar terms which demand full knowledge and deliberation, any
diminution of responsibility, either on the part of the intellect
or on the part of the will, exempt from the penalties latce
sententicz.
If the law does not have these terms :
1. the ignorantia crassa vel supina of the law, or of the
penalty only, does not exempt from any penalty later sententice;
if it is not crassa or supina, it excuses from the so-called correc
tive penalties or censures, not, however, from the punitive penal
ties lattz sententice (Cf. Canon 2202);
2. drunkenness, omission of due diligence, debility of
mind, impulse of passion, to a degree that diminishes the respon
sibility, but not enough to excuse from mortal sin, do not exempt
from incurring penalties latae sententiae;
3. grave fear does not by any means excuse from penal
ties latae sententiae, if the offence tends to contempt of the faith,
or of the ecclesiastical authority, or to public injury of the
spiritual welfare of the faithful.
Though the offender is excused from the penalty by reason
of ignorance which was not crassa or supina, he may neverthe
less, if the case demands it, be punished with some other appro
priate penalty or penance. (Canon 2229.)
1514. Children who have not attained the age of puberty
are excused from the penalties latae sententiae, and they should
be punished with disciplinary chastisement rather than by cen
sures and other more serious, punitive penalties. Adults who
354 THE NEW CANON LAW
induced a child to break a law, or who cooperated with one
in the offence in the manner described in Canon 2209, §§ 1-3,
shall incur the penalty fixed by law. ( Canon 2230. )
1515. If several persons concurred in the perpetration of
a crime, though the law speaks of only one person, all the co-
operators mentioned in Canon 2209, §§ 1-3, shall be held to the
same penalty, unless the law explicitly states the contrary; other
cooperators, however, shall not incur the same penalty, but shall
be punished by some other just penalty, according to the good
judgment of the superior, unless the law provides a special
penalty for them. (Canon 2231.)
1516. The penalty latae sententiae, whether corrective or
punitive, ipso facto binds the offender who is conscious of his
offence, both in the external and internal forum; before a de
claratory sentence has been issued against the offender he is
excused from the observance of the penalty whenever he cannot
observe it without loss of good repute, and in the external forum
observance of the penalty cannot be demanded of the offender
by any one unless the offence is notorious. It is left to the good
judgment of the superior to issue the declaration that an offender
has incurred the penalty specified in law; if the public welfare
demands the declaration, or the offender is accused by the party
who suffered from the offence, the superior or judge are obliged
to issue the declaration.
By the declaratory sentence the penalty takes effect from
the very moment in which the offence was committed. (Canon
2232.)
1517. No penalty can be inflicted unless it is certain that
the offence was committed, and that legitimate prescription has
not entered against it.
Though this be certain, a censure should not be inflicted
on the offender at once, but he should be reprimanded and ad
monished to recede from his obstinacy, in the form prescribed
by Canon 2242, § 3, if the case in the good judgment of the
superior or the judge allows delay, and an appropriate space of
time should be fixed for his repentance; if he remains obstinate,
a censure may be inflicted. (Canon 2233.)
1518. He who has committed several offences shall not
only be punished more severely, but may also, if the judge thinks
PARDON OF PENALTIES 355
this necessary, be subjected to surveillance or other penal remedy.
(Canon 2234.)
1519. Frustrated and attempted crime, unless punished in
law as distinct offences, may be punished with some suitable pen
alty in proportion to the amount of guilt; Canon 2213, § 3, ex
plains the case in which no penalty is to be inflicted on attempted
crime, (Canon 2235.)
TITLE VII.
Pardon of Penalties.
1520. The pardon from penalties, either by absolution
when there is question of censures, or by dispensation if they
are punitive punishments, can be granted only by him who
imposed the penalty or his competent superior, or successor, or a
person with delegated faculty.
He who can grant exemption from the law, can also pardon
from the penalty attached to the law.
The judge who, in virtue of his office applies a penalty which
has been established by the superior, cannot pardon from the
penalty after he has imposed it. (Canon 2236.)
1521. In public cases the Ordinary can remit the penalties
latae sententiae of the common law with the exception (1) of
cases brought to court for trial; (2) of censures reserved to the
Holy See; (3) of penalties importing inhability to benefices,
offices, dignities, positions in the Church, active and passive vote,
and privation of them, perpetual suspension, infamy of law, pri
vation of the right of patronage and of a privilege or favor which
had been conceded by the Apostolic See.
In occult cases, besides the faculties given under certain
circumstances to every priest by Canons 2254 and 2290, the
Ordinary can pardon from the penalties latae sententiae of the
common law, and delegate to others the same power ; he may not,
however, absolve from a censure reserved to the Holy See spe-
cialissimo or speciali modo. (Canon 2237.)
1522. A pardon from penalty which has been extorted by
violence or grave fear is invalid by law. (Canon 2238.)
1523. A pardon from penalties may be granted to one who
is present as well as absent, the pardon may be absolute or con-
Jditional, for the external forum or for the internal only; if
356 THE NEW CANON LAW.
granted in the external forum, it is valid also in the internal,
but the pardon in the internal forum does not per se hold in the
external forum.
Though a penalty may be remitted orally, it is nevertheless
proper to grant pardon in writing, if the penalty was inflicted by
written order. (Canon 2239.)
1524. In reference to the prescription of penal actions,
Canon 1703 is to be observed, which Canon ordains that, with
the exception of cases subject to the jurisdiction of the Holy
Office, the time for instituting criminal action against an offender
is limited to three years unless there is question: (1) of injuries,
which action expires within one year; (2) of offences against
the Sixth and Seventh Commandments of the decalogue, which
expire within five years; (3) of simony and homicide which
expire after ten years, (Canon 2240.)
SECTION II.
PENALTIES IN PARTICULAR.
TITLE VIII.
Corrective Penalties or Censures.
CHAPTER I.
Censures in General.
1525. A censure is a penalty by which a subject (by Bap
tism) of the Church is deprived of some spiritual benefits, or
of benefits connected with matters spiritual, because of obstinate
violation of some law of the Church, until such time as he re
pents and obtains absolution.
Censures, and especially excommunication, incurred by the
very commission of a crime (latae sententiae), should be in
flicted rarely and with great prudence. (Canon 2241.)
1526. Only those external criminal actions that are mortal
sins, complete, and committed with obstinacy, should be pun
ished by censures. A censure may be visited also on delinquents
whose identity is unknown.
When there is question of censures ferendae sententiae, a
person is considered contumacious who does not desist from the
CENSURES IN GENERAL 357
crime, or refuses to do penance and to repair the injury done, or
the scandal given, by the crime, after having received the canon
ical admonitions described in Canon 2233, § 2. A censure latae
sententiae is incurred by the very transgression of the law or
precept to which the censure is attached, unless the guilty person
is excused from the penalty by a reason admitted in law.
A person is considered to have ceased to be contumacious
when he has sincerely repented of his crime, and has made con
dign satisfaction for the injury and scandal caused, or has at
least earnestly promised to do so. Judgment as to the sincerity
of the repentance, or the sufficiency of the satisfaction, or the
sincerity of the promise, rests with the one from whom absolu
tion is asked. (Canon 2242.)
1527. Censures inflicted by a sentence in court import their
execution as soon as they have been pronounced, and an appeal
in devolutivo only is granted; likewise from censures inflicted
by way of precept appeal in devolutivo only is permitted. In both
cases, therefore, the censured cleric must conform to the censure
during the time in which he has recourse to a higher superior.
Appeal or recourse from the judicial sentence, or from a
precept which threatens censures latae sententiae, but which have
not yet been contracted, does not suspend either the sentence or
precept, nor the censures, if there is question of matters in which
the law does not admit appeal or recourse with suspensive effect ;
if the law grants appeal in suspensivo, the censures threatened
by the court, or the precept of the superior, are suspended, but
the obligation remains to observe what has been commanded by
the court or the precept, unless the offender interposes appeal
or recourse not only from the penalty but from the very sentence
or precept. (Canon 2243.)
1528. Censures may be multiplied in one and the same
subject, not only such of different species but also of the same
species.
Censures latae sententiae are multiplied in the following
manner: (1) if various crimes, to each of which a censure is
attached, are committed, either by the same or by distinct actions ;
(2) if the same crime to which a censure is attached is committed
repeatedly, in such manner that there are several distinct crimes ;
(3) if the same crime is punished with different censures by sev
eral superiors, and is committed once or repeatedly.
A censure inflicted ab homine is multiplied if there are sev-
358 THE NEW CANON LAW
eral precepts, or several sentences, or various distinct parts to the
same precept or sentence, to each of which a censure is attached.
(Canon 2244.)
1529. Some censures are reserved and others are not.
A censure inflicted ab homine, that is, by precept of a superior
or by sentence in an ecclesiastical court, is reserved to the one
imposing the censure or giving the sentence, or to his superior, his
successor in office, or his delegate. Among the censures reserved
a jure, that is by law, some are reserved to the Ordinary, others
to the Holy See.
Those reserved to the Holy See are subdivided into three
classes, simpliciter, speciali, and specialissimo modo reserved.
A censure incurred by the very fact of committing a crime
(latae sententiae) is not reserved, unless the law or the precept
explicitly states that it is. In case of doubt concerning the law
itself (dubium juris) as well as in a doubt about the fact (dubium
facti) the reservation does not hold. (Canon 2245.)
1530. A censure should not be reserved unless the peculiar
gravity of the crime, and the necessity of maintaining ecclesiasti
cal discipline and the morals of the faithful, demand the reserva
tion.
Reservation is to be interpreted strictly.
The reservation of a censure which prevents the reception
of the Sacraments — as, for instance, excommunication — implies
the reservation of the sin, to which the censure is attached. If a
person, however, is excused from the censure, or has been ab
solved from it outside confession, by a superior having jurisdic
tion in the external forum, the reservation of the sin ceases alto
gether. (Canon 2246.)
1531. If the censure is reserved to the Holy See, the Ordi
nary cannot attach to the same crime another censure, reserved
to himself.
Reservation of a censure in some particular territory does
not have any force outside the limits of that territory, even if
the person who incurred the censure goes outside the territory
precisely for the purpose of obtaining absolution. The censure
ab homine, however, is reserved everywhere, so that the censured
person cannot be absolved anywhere without due faculties.
If the confessor, in ignorance of the reservation, has ab-
CENSURES IN GENERAL 359
solved a penitent from the censure and the sin, the absolution
from the censure is valid except in the case of censures reserved
to the Holy See specialissimo modo, and of censures imposed by
a precept of a superior, or by a sentence in an ecclesiastical court.
(Canon 2247.)
1532. Any censure once contracted cannot be removed ex
cept by legitimate absolution.
Absolution should not be denied whenever the offender
ceases to be obstinate, as explained in Canon 2242, § 3 ; the one
who absolves from the censure may, if the case demands it,
impose an appropriate punitive penalty, or a penance, for the
crime which had been committed.
If a censure has been removed by absolution, it does not
revive except in a case where the penance or other obligation
that had been imposed under express condition of relapse into
the censure, has not been performed. (Canon 2248.)
1533. If a person has incurred several censures, he may
be absolved from one while the others remain.
He who asks for absolution must indicate all cases from
which he wants to be absolved, otherwise the absolution is valid
only for the case he mentioned; if, however, the absolution was
general, even though the petition referred to one particular case
only, it is valid also for those cases which were concealed in good
faith, with the exception of censures reserved to the Holy See
specialissimo modo, but it does not avail for those concealed in
bad faith. (Canon 2249.)
1534. In a censure that does not forbid the reception of
the Sacraments — as, for example, suspension — the person, if
otherwise well disposed, can be absolved from the sin while the
censure remains.
If there is question, however, of a censure which forbids
the reception of the Sacraments, the censured person cannot be
absolved from the sins until he has first been absolved from the
censure.
The absolution from censure in the Sacramental forum is
included in the usual form prescribed in the ritualistic books for
the absolution from sins ; in the non-Sacramental forum absolu
tion from a censure may be given in any form, but for the
absolution from excommunication it is appropriate to use, as a
rule, the formula contained in those same books. (Canon 2250.)
360 THE NEW CANON LAW
1535. If the absolution from a censure is given in the
external forum, it holds good for both the external and the inter
nal forum; if it was given in the internal forum the person who
obtained such absolution may, if scandal is removed, conduct
himself also in actions of the external forum as absolved, but,
unless the absolution is proved in the external forum or lawfully
presumed, the censure may be urged by the superior having
jurisdiction in the external forum until absolution has been
granted in the external forum, and the censured person must
obey. (Canon 2251.)
1536. In danger of death any priest can absolve from all
censures; but in two of these, namely, those reserved to the
Holy See specialissimo modo, and those imposed by precept or
by sentence in an ecclesiastical court, the person after recovery
is bound to have recourse for the imposition of a penance to the
S. Penitentiary, or to the bishop, or some one else having facul
ties to absolve from censures reserved to the Holy See specialis
simo modo, and, in case of censures by precept or sentence, to
the authority that imposed the precept or gave the sentence. If
the convalescent neglects this obligation he falls again under the
same censure. (Canon 2252.)
1537. Outside the case of danger of death the power to
absolve from censures is regulated as follows :
1. from a censure which is not reserved, every priest may
absolve in the Sacramental forum; outside Sacramental con
fession the power to absolve is limited to those persons who have
jurisdiction over the offender in the external forum;
2. from a censure ab homine may absolve he who imposed
the censure, his superior and his successor in office, and he may
give this absolution even if the offender has since transferred his
domicile or quasi-domicile outside the territory of jurisdiction
of the one who inflicted the censure;
3. from a censure reserved a jure can absolve he who
ordained the censure, or he to whom it is reserved, and their
successors in office, their competent superiors, or their delegates.
Wherefore, from a censure reserved to the bishop or Ordinary,
any superior having ordinary jurisdiction in the external forum
can absolve his subjects, and the local Ordinary can absolve
within his territory also the transients. From a censure reserved
to the Holy See can absolve the Holy See and others who have
obtained from that authority the faculty to absolve, which is
CENSURES IN GENERAL 361
called general if given for censures reserved to the Holy See sim-
pliciter; special if given for cases reserved speciali modo; and
most special if for cases reserved specialissimo modo. The spe
cial concession for more urgent cases is explained in the following
Canon. (Canon 2253.)
1538. In cases where the censure latae sententiae, into
which one has fallen, cannot be suffered without great danger
of scandal or loss of good reputation, or when it is hard for the
penitent to remain in sin until the faculty to absolve can be
obtained from the superior, any confessor can in Sacramental
confession absolve from any censure, no matter in what manner
it is reserved ; but he must impose the obligation on the penitent
to have recourse within one month to the S. Penitentiary, or to
a bishop, or another person having faculties from the Holy See
for the mandata, i. e. a penance that wrill be imposed on him; the
recourse may be made either personally by the penitent, or, at
least, by letter sent through the confessor without mentioning
the name of the penitent, which recourse is obligatory when it
is possible without great inconvenience.
The penitent is not forbidden, after having received absolu
tion in the manner just described, and even after recourse has
been made by letter, to go to confession to another confessor
who has delegated faculty to absolve, and having again confessed
at least the sin to which the censure is attached obtain absolu
tion; after this absolution the confessor shall give the mandata
and the penitent shall not be obliged to the other mandata which
will be issued by the superior in answer to the recourse.
If in some extraordinary case this recourse should be, mo
rally speaking, impossible, the confessor may absolve without the
obligation of recourse and impose, in addition to the ordinary
appropriate penance, a special satisfaction for the censure, which
he shall demand to be performed within a specified period of
time ; if the penitent neglects within the specified period of time to
perform the penance and satisfaction imposed for the censure, he
shall again fall into it. (Canon 2254.)
CHAPTER II.
Censures in Particular.
1539. There are three censures: (1) excommunication;
(2) interdict; (3) suspension.
362 THE NEW CANON LAW,
Excommuhication can fall only on a physical person, and
therefore, if it is sometimes imposed on a moral body or com
munity, it is understood to affect only the individuals who co
operated in the offence. Both, interdict and suspension may be
imposed also on a community as a legal person; excommunica
tion and interdict affect also lay persons, suspension is a penalty
for clerics only ; an interdict may affect also a place. An excom
munication is always a censure, interdict and suspension may be
either censures or punitive penalties, but in case of doubt they
are considered censures. (Canon 2255.)
1540. In the following Canons it is to be observed that:
1. by the term of Divine offices are meant the functions of
the power of orders, which by the institution of Christ or of the
Church are ordained for Divine worship and may be exercised
only by the clergy ;
2. by the term of legal ecclesiastical actions are under
stood : the office of administrator of ecclesiastical goods ; to act
as judge, auditor, relator, defensor lincidi, promotor of justice
and of faith, notary, chancellor, cursor, apparitor, lawyer and
procurator in ecclesiastical cases ; the office of God-parents or
sponsors in the Sacraments of Baptism and Confirmation; the
right to vote in ecclesiastical elections ; the exercise of the rights
of patronage. (Canon 2256.)
Article I. Excommunication.
1541. Excommunication is a censure by which a person is
excluded from communion with the faithful, with the effects
enumerated in the following Canons and which cannot be sepa
rated one from the other.
Excommunication is also called anathema, especially when
inflicted with the formalities described in the Pontificale Roma-
num. ( Canon 2257.)
1542. The excommunicated persons may be either excom-
municati vitandi, or tolerati.
No one is considered a vitandus unless he has been excom
municated by name by the Holy See, has been publicly denounced
as such, and explicitly declared a vitandus in the decree or cano
nical sentence. He who lays violent hands on the Roman Pontiff
becomes by this very deed an excommunicatus vitandus, accord
ing to Canon 2343, § 1, n. 1. (Canon 2258.)
EXCOMMUNICATION 363
1543. Every excommunicated person is deprived of the
right to assist at Divine offices, but he may be present at sermons.
If an excommunicatus toleratus passively assists at Divine
services, he need not be expelled, but a vitandus must be re
moved; if this cannot be done the Divine services must be
stopped if it can be done without great inconvenience. From
active participation in Divine services must even be excluded the
excommunicatus toleratus whose excommunication is publicly
known or who has been excommunicated in an ecclesiastical court
by a declaratory or condemnatory sentence. (Canon 2259.)
1544. Every excommunicated person is forbidden to re
ceive the Sacraments; after a declaratory or condemnatory sen
tence he cannot even make proper use of the sacramentals of the
Church.
In reference to ecclesiastical burial the law of Canon 1240,
§ 1, n. 2, shall be observed, which forbids to give such burial to
persons excommunicated and interdicted by a declaratory or con
demnatory sentence in an ecclesiastical court. ( Canon 2260. )
1545. An excommunicated priest is forbidden to celebrate
Holy Mass and to administer the Sacraments and sacramentals,
with the following exceptions :
The faithful may, saving the exceptions in the following
paragraph, ask for any good reason an excommunicated priest
for the Sacraments and sacramentals, above all when there are
no other ministers, in which case the excommunicated priest who
is asked to administer the Sacraments may do so, and he is not
obliged to inquire for the reason why he was requested.
From an excommunicatus vitandus as well as from another
excommunicated priest whose excommunication was pronounced
in the ecclesiastical court by either condemnatory or declaratory
sentence, the faithful may only in danger of death ask for sacra
mental absolution, in accordance with Canons 882 and 2252, and
also, if there are no other ministers present, for the other Sacra
ments and sacramentals. (Canon 2261.)
1546. An excommunicated person is deprived of the indul
gences, suffrages and public prayers of the Church.
But it is not forbidden (1) that the faithful pray for him
privately; (2) that the priests privately apply Holy Mass for
him, provided scandal is avoided ; for an excommunicatus vitan-
364 THE NEW CANON LAW
dus Holy Mass may be applied for his conversion only. (Canon
2262.)
1547. An excommunicated person is excluded from legal
ecclesiastical actions within the limits specified in the various
places in law; he cannot act in ecclesiastical courts except in as
far as Canon 1654 permits, which Canon ordains that an excom-
municatus vitandus, or one whose excommunication has been in
flicted by condemnatory or declaratory sentence, shall personally
be allowed to act in court only for the purpose to attack the jus
tice and legitimacy of the excommunication; by proxy they may
act to avert any other spiritual damage ; in all other cases they are
forbidden to act. All other excommunicated persons are gen
erally allowed to act in court. (Canon 2263.)
1548. Acts of jurisdiction, both of the external and the in
ternal forum, exercised by an excommunicated person are un
lawful; if the excommunication has been pronounced by condem
natory or declaratory sentence these acts of jurisdiction are in
valid, saving the exception of Canon 2261, § 3, namely if asked
to administer the Sacraments in danger of death; otherwise they
are valid and even licit, namely when requested by the faithful
in accordance with the regulations of Canon 2261, § 2, (Canon
2264.)
1549. Every excommunicated person
1. is forbidden to exercise the rights of election, presenta
tion, nomination;
2. cannot acquire dignities, offices, benefices, ecclesiastical
pensions, nor any other offices in the Church ;
3. cannot be promoted to orders.
An act done against the rule of nn. 1 and 2, is not invalid,
unless the acting party be an excommunicatus vitandus, or was
excommunicated by condemnatory or declaratory sentence; if
such sentence has been pronounced the excommunicated person
cannot, moreover, validly obtain any papal favor, unless mention
is made of the excommunication in the Pontifical rescript.
(Canon 2265.)
1550. After a condemnatory or declaratory sentence the
excommunicated person remains deprived of the fruits of the
dignity, office, benefice, pension, position, which he has in the
Church; the excommunicatus vitandus is deprived of the very
dignity, office, benefice, pension, position. (Canon 2266.)
INTERDICT 365
1551. The faithful are obliged to avoid intercourse even
in secular affairs with an excommunicatus vitandus, except hus
band or wife, parents, children, servants, subjects, and in general
all who have a reasonable cause for dealing with such excommu
nicated persons. (Canon 2267.)
Article II. Interdict.
1552. The interdict is a censure by which the faithful,
though remaining in communion with the Church, are forbidden
those sacred functions which are enumerated in the following
Canons.
The prohibition is made either directly, by a personal inter
dict which prohibits to the same persons the use of the specified
spiritual benefits, or indirectly, by a local interdict which forbids
the administration or reception of some Sacraments and sacra-
mentals in certain places. (Canon 2268.)
1553. A general interdict, either local for the territory of a
diocese or a country, or personal, for the people of the diocese
or country, can be issued by the Holy See only, or at its com
mand ; the bishop may issue a general interdict for a parish or its
people, and a particular interdict both local and personal.
The personal interdict follows the persons wherever they
go ; the local interdict does not bind outside the interdicted place,
but in that place all persons, also outsiders and those exempt, un
less they have a special privilege, are obliged to observe the inter
dict. (Canon 2269.)
1554. The local interdict, whether general or particular,
does not forbid the administration of the Sacraments and sacra-
mentals to the dying, but it prohibits in that place any Divine
services or sacred rites, with the exceptions mentioned in § 2 of
this Canon and in Canons 2271 and 2272.
On Christmas, Easter, Pentecost, Corpus Christi, and the
Assumption of the Blessed Virgin Mary, the local interdict is
suspended and only the conferring of orders and the solemn
blessing of marriage are forbidden. (Canon 2270.)
1555. If the interdict is a local general one and the decree
does not explicitly state the contrary, the following rules govern :
1. The clerics, provided they are not themselves personally
interdicted, are allowed to hold privately and behind closed doors
366 THE NEW. CANON LAW,
Divine services and sacred functions in any church or oratory,
but in silence and without ringing of church bells.
2. In the cathedral and in parochial churches and in any
kind of a church which is the only one in a town, and in these
churches only, one Holy Mass is allowed to be celebrated, fur
thermore there is allowed the keeping of the Blessed Sacrament,
the administration of Baptism, of Eucharist, Penance, marriage
without the nuptial blessing, funerals without any solemnity,
blessing of the baptismal water and of the holy oils, preaching of
the Word of God. In these functions, however, singing and dis
play in sacred utensils and vestments, ringing of church bells,
playing of the organ and of other musical instruments is forbid
den. The holy Viaticum shall be privately brought to the sick.
(Canon 2271.)
1556. In a local particular interdict, if a certain altar or a
shrine is interdicted in a church, no Divine services and sacred
functions can be held at such.
If the cemetery is interdicted, the bodies of the faithful may
be buried there but without any ecclesiastical rite.
If the interdict was issued against a certain church or ora
tory : (1) if the church is a capitular one and the Chapter is not
interdicted, the rule of Canon 2271, n. 1, holds good, unless the
decree of the interdict demands that the conventual Mass and the
canonical hours be kept in another church or oratory; (2) if it is
a parochial church, the law of Canon 2271, n. 2, shall be ob
served, unless the decree of the interdict substitutes another
church for parochial functions for the time of the interdict.
(Canon 2272.)
1557. If a city is placed under an interdict, also the sub
urbs are interdicted, not excepting exempt places, and the cathe
dral itself; if a church is interdicted, the adjoining chapels are
also under the interdict, not, however, the cemetery; if a shrine
in a church is interdicted, the whole church is not interdicted, and
if the cemetery is interdicted, the church, though adjoining it, is
not under the interdict but all oratories in the cemetery are inter
dicted with the cemetery. (Canon 2273.)
1558. If a community or college has committed a crime,
the interdict can be placed either on the guilty parties individu
ally, or on the community as such, or on both, the community and
the guilty individuals.
SUSPENSION 36?
If the first is done, the rule of Canon 2275 is to be followed.
If the second kind of interdict is imposed, the community or
college cannot exercise any spiritual right proper to the com
munity as such.
If the third kind of interdict is issued, it has the combined
effects. (Canon 2274.)
1559. Personally interdicted persons:
1. are not allowed to celebrate Divine offices nor to assist
at them, with the exception of sermons. If they assist passively
they need not to be expelled, but if the interdict was imposed by
a condemnatory or declaratory sentence, or is otherwise no
torious, they must be kept from active assistance which imports
any participation in the celebration of Divine offices ;
2. they are forbidden to consecrate and to administer or
receive the Sacraments and sacramentals, in the manner specified
in Canons 2260, § 1, and 2261 ;
3. interdicted persons are also subject to the restrictions of
Canon 2265 ;
4. they are deprived of ecclesiastical burial, if the interdict
has been imposed by condemnatory or declaratory sentence, as
stated in Canon 1240, § 1, n. 2. (Canon 2275.)
1560. The person who is under a local interdict, or under
an interdict of a community or college, without having person
ally given any cause for the same may, if otherwise free from
censure, and properly disposed may receive without absolution
from the interdict or any other satisfaction the Sacraments in
accordance with the foregoing Canons. (Canon 2276.)
1561. The interdict ab ingressu ecclesiae means the pro
hibition to celebrate Divine offices in a church, or to assist at
them, or to be buried from the church. If, however, such person
assists he need not be expelled, nor must his body be removed if
he was buried in a church. (Canon 2277.)
Article III. Suspension.
1562. Suspension is a censure by which a cleric is deprived
of the rights of his office, or benefice, or of both conjointly.
The effects of suspension may also be separated one from
the other, but unless the contrary is evident from other sources8
suspension imposed in general includes all the effects enumerated
in the Canons of this Article. Suspension from office or from
368 THE NEW CANON LAW
benefice, however, imports only all the effects of either species.
(Canon 2278.)
1563. Suspension from office simply, without any addi
tional limitation, forbids not only any act of the power of orders
and jurisdiction, but also of mere administration proper to an
office, with the exception only of the administration of the goods
of one's own benefice.
Suspension :
1. from jurisdiction (ab jurisdiction*) in general forbids
every act of the power of jurisdiction, in either form, and of
both, ordinary and delegated jurisdiction;
2. a divinis forbids every act of the power of orders which
one possesses, either by sacred ordination or by privilege ;
3. from orders (ab ordinibus) forbids any act of the power
of orders received by ordination;
4. From sacred orders (a sacris ordinibus) forbids the ex
ercise of the powers of major orders;
5. from the exercise of a certain definite order (a certo et
definito ordine excrcendo) forbids any act of the specified order;
the person suspended is, moreover, forbidden to confer the same
order, and to receive a higher order, and if he should have re
ceived such an order while under suspension, he is forbidden to
exercise the same;
6. from the conferring of a certain specified order (a certo
et definito ordine confer endo) forbids the conferring of the order
specified, not, however, of an inferior or superior order;
7. from a certain specified ministry (a certo et definito
ministerio) for instance the hearing of confessions, or from a
certain specified office, for instance a position to which the care
of souls is attached, forbids every act of that ministry, or office;
8. from the pontifical order (ab ordine pontificali) forbids
the exercise of every act of the powers of the order of bishops;
9. from the pontificals (a pontificalibus) forbids the exer
cise of pontifical functions, which, according to Canon 337, § 2,
are those pontifical ceremonies at which the rubrics require the
bishop to use mitre and crozier. (Canon 2279.)
1564. Suspension from the benefice (a beneficio) deprives
of the revenue of the benefices with the exception of dwelling in
the residence belonging to the benefice, but that suspension does
not take away the right of administration of the goods of the
SUSPENSION 369
benefice, unless the decree, or sentence, of suspension does ex
plicitly deprive the one so suspended of the right of administra
tion, and give it to another person.
If the beneficiary in spite of the suspension does take the
revenue of the benefice, he is obliged to make restitution and he
can be forced by canonical penalties to make restitution, if neces
sary. ( Canon 2280. )
1565. If suspension in general is inflicted, or a suspension
from office or benefice, it affects all offices or benefices which the
person suspended holds in the diocese of the superior who issued
the suspension unless the contrary is made evident by the wording
of the suspension. (Canon 2281.)
1566. The local Ordinary cannot suspend a cleric from a
specified office or benefice which he holds in another diocese, but
a suspension latae sententiac, inflicted by the common law, affects
all offices or benefices no matter in what diocese they are held by
the one suspended. (Canon 2282.)
1567. The actions forbidden to an excommunicated person
by Canon 2265 are forbidden also to suspended persons. (Canon
2283.)
1568. If a censure of suspension was incurred forbidding
the administration of the Sacraments and sacramentals, the rule
of Canon 2261 is to be observed. If a censure of suspension was
incurred forbidding acts of jurisdiction either in the internal or
external forum, such an act if nevertheless performed is invalid,
as for instance sacramental absolution, if the suspension was in
flicted by a condemnatory or declaratory sentence of an eccle
siastical court, or the superior inflicting the suspension declared
explicitly that he thereby revokes the very power of jurisdiction;
otherwise the act is only illicit, and if the faithful request his
ministry, as specified in Canon 2261, § 2, the act is even licit.
(Canon 2284.)
1569. If a community or college of clerics committed a
crime, suspension may be inflicted either against the individual
delinquents, or on the community as such, or on both, delinquents
and community.
If the delinquent individuals are suspended, the Canons of
this article are to be observed.
If the community as such is suspended, the community is
370 THE NEW CANON LAW
forbidden to exercise the spiritual rights proper to the community
as a legal body.
If both, individual delinquents and community, are sus
pended, the suspension has the combined effects so that not only
the guilty individuals suffer, but also the community in those
rights which require the action of the community as such. (Canon
2285.)
TITLE IX.
Punitive Penalties.
1570. Punitive penalties are those which directly tend to
ward the expiation of crime, so that their remission does not de
pend on the cessation of obstinacy of the delinquent. (Canon
2286.)
1571. From the infliction of punitive penalties the law
grants appeal or recourse in suspensive, that is to say, the pen
alties are not taking effect pending the appeal unless the law in
some case explicitly provides otherwise. (Canon 2287.)
1572. With the exception of the penalties of degradation,
deposition, privation of office or benefice, and of cases where the
reparation of scandal demands punishment of the delinquent, it
is left to the prudence of the judge to suspend the execution of
an ordinary penalty inflicted by condemnatory sentence, if the
delinquent has committed an offence for the first time after a
laudable life, under condition, however, that the guilty party if
he commit another offence within the next three years, either of
the same or of a different kind, shall incur the penalty of both the
past offence and the new crime. (Canon 2288.)
1573. A punitive penalty ceases either by completion of
the term of penance, or by dispensation granted by him who has
legitimate power to dispense, according to Canon 2236. (Canon
2289.)
1574. In more urgent, occult cases, if the delinquent would
have to betray himself, with resulting loss of his good reputation
and danger of scandal, by observing the punitive penalty latae
sentential which he incurred, any confessor may in the sacra
mental forum suspend the obligation of performing the penalty,
but he must impose the obligation to have recourse within one
month by letter and through the confessor, if this can be done
without great inconvenience, to the S. Penitentiary, or to the
COMMON PUNITIVE PENALTIES 371
bishop if he has faculties, and to accept their orders; the name
of the delinquent is not to be mentioned.
If in some extraordinary case this recourse is not possible,
the confessor himself can grant the dispensation, according to
Canon 2254, § 3. (Canon 2290.)
CHAPTER I.
Common Punitive Penalties.
1575. Punitive penalties, which may affect all the faithful
in proportion to the gravity of the offences, are the following :
1. a local interdict, or an interdict on a community or col
lege, either perpetually or for a definite period of time, or ad
beneplacitum superioris, that is to say, as long as the superior
does not lift the interdict;
2. an interdict from entering a church (ab ingressu eccle-
siae) either perpetually, or for a fixed space of time, or at the
will of the superior;
3. penal transfer, or suppression, of an episcopal see or a
parish ;
4. infamy of law;
5. privation of ecclesiastical burial, according to Canon
1240, § 1 ;
6. privation of the sacramentals;
7. privation or suspension for a time of a pension which
one receives from a church or from ecclesiastical goods, or of
any other ecclesiastical right or privilege ;
8. prohibition to exercise legal ecclesiastical actions;
9. inability to receive in the church ecclesiastical favors or
positions which do not require the clerical state, or to receive
academical degrees conferred by ecclesiastical authority;
10. privation for a time of the position, faculty or favor
which one has already received ;
11. privation of the right of precedence, of active or pas
sive vote, or of the right to wear titles, insignia and dress of
honor conceded by the Church to distinguished clerics or laymen;
1 2 . money fines . ( Canon 2291.)
1576. The penal suppression, or transfer, of an episcopal
see is reserved to the Roman Pontiff; that of a parish can be
decided by the Ordinary only with the advice of the Chapter, or
of the diocesan consultors. (Canon 2292.)
372 THE NEW CANON LAW
1577. Infamy is divided into infamy of law and of fact.
Infamy of law is that which is specified in certain cases by
the common law.
Infamy of fact is incurred when a person has lost his good
reputation with good and seriously-minded Catholics, on account
of some crime which he committed, or wicked conduct, the judg
ment of which belongs to the Ordinary.
Neither kind of infamy will affect the person's blood rela
tions or relations by marriage, except in the case where the pastor
keeps in his house relations who lead a scandalous life whom he
is bound to eject from his house, and if he does not do so after
having been warned by the bishop, he may be deprived of his
parish. Cf. Canon 2147, § 2, n. 3. (Canon 2293.)
1578. He who suffers from infamy of law is not only ir
regular, as stated in Canon 984, n. 5, but is, moreover, incapable
of acquiring ecclesiastical benefices, pensions, offices and dig
nities, and of performing legal ecclesiastical actions, of exercising
any ecclesiastical right or office, and, finally, he must be kept from
the exercise of the ministry in sacred functions.
He who suffers from infamy of fact must be excluded from
receiving any orders, according to Canon 987, n. 7, from dig
nities, benefices, ecclesiastical offices, and also from the exercise
of the sacred ministry and from legal ecclesiastical actions.
(Canon 2294.)
1579. Infamy of law ceases only by dispensation granted
by the Holy See; infamy of fact ceases when the good reputa
tion has been reestablished with good and seriously-minded Cath
olics, considering all circumstances, and especially amendment
of the guilty party made long ago. The bishop is to judge con
cerning the cessation of infamy of fact. (Canon 2295.)
1580. If there is question of things for the acquisition of
which the common law makes a person capable, the penalty of
inhability can be inflicted by the Apostolic See alone. Thus, for
instance, the diriment impediments in marriage, or irregularities
for reception of orders, can be established by no authority in
ferior to the Holy See.
Rights which have already been acquired are not lost by a
supervening inhability, unless the penalty of privation is added
to this inhability by the law. (Canon 2296.)
1581. Money fines inflicted by the common law, of which
SPECIAL PUNITIVE PENALTIES 373
the same law does not specify what is to be done with the money,
and other fines imposed or to be imposed by particular laws are
to be employed by the local Ordinaries for pious purposes, not,
however, for the benefit of the episcopal mensa or for that of the
Chapter. (Canon 2297.)
CHAPTER II.
Punitive Penalties Special to the Clergy.
1582. Punitive penalties inflicted on clerics only are the
following :
1. prohibition to exercise the sacred ministry except in one
specified church ;
2. suspension, forever or for a definite length of time, or
at the discretion (ad beneplacitum) of the superior;
3. transfer for punishment from an office or benefice held
by the cleric to another, inferior one ;
4. privation of some right connected with the benefice or
office ;
5. inhability either for all or some dignities, offices, bene
fices and other positions proper to the clergy ;
6. penal privation of the benefice or office, with or with
out a pension ;
7. prohibition to stay in a certain place or territory ;
8. command to stay in a certain place or territory;
9. privation of the ecclesiastical garb for a time;
10. deposition;
11. perpetual privation of the ecclesiastical garb;
12. degradation. (Canon 2298.)
1583. If a cleric obtains an irremovable benefice, he can be
deprived of the same only in the cases expressed by law; if he
has a removable benefice, he may be deprived of it also for other,
reasonable causes.
Clerics who possess a benefice, office, dignity, may be for
bidden for some time the exercise of merely some ministry c
nected with their position, for instance, to preach, to hear
fessions, etc.
The cleric cannot be deprived of the benefice or pension un
der the title of which he was ordained unless other provis
made for his proper support. If he does not amend and lead a
374 THE NEW CANON LAW
life in keeping with the clerical state, then, according to Canons
2303 and 2304, the Church may expel him from the ranks of the
clergy, without being responsible for his maintenance. (Canon
2299.)
1584. If a cleric gives great scandal, and does not amend
after being admonished, and the scandal cannot be removed in
any other way, he may in the meantime be deprived of the right
to wear the ecclesiastical garb. This privation, while it lasts, im
ports the prohibition to exercise any functions of the ecclesias
tical ministry, and the privation of the clerical privileges. (Canon
2300.)
1585. The Ordinary cannot command a cleric to stay in a
specified place outside his own diocese unless he obtains the con
sent of the Ordinary of that place, or there is question of a house
of penance or correction destined not only for the clergy of one
diocese but also for externs, or of a religious exempt house where
the consent of the superior of the house suffices. (Canon 2301.)
1586. The command, as well as the prohibition, to stay in
a specified place, and the placing of a cleric in a house of penance
or in a religious house, especially if this is to last for a long period
of time, shall be imposed only in more serious cases, in which ac
cording to the good judgment of the Ordinary these penalties are
necessary for the correction of the cleric and for the reparation
of the scandal he has given. (Canon 2302.)
1587. Deposition imports the suspension from office as
well as the inability for promotion to any offices, dignities, bene
fices, pensions, positions in the Church, as also the privation from
those which the guilty cleric actually has, though he was ordained
under their title. The obligations arising from ordination, as for
instance the obligation of the Divine office, celibacy, etc., for
those in major orders, and also the clerical privileges remain to
the deposed clerics.
If the cleric loses by the penalty of deposition the benefice
or office which served as a title for his ordination, and should not
have any other revenue for decent maintenance, the Ordinary
should out of charity provide for him in the best possible way, in
order that the deposed cleric may not be forced to go begging to
the disgrace of the clerical state.
The penalty of deposition cannot be inflicted except in the
cases expressed in law. (Canon 2303.)
PENAL REMEDIES 375
1588. If the deposed cleric does not show any signs of
amendment, and especially if he continues to give scandal and
does not change his evil ways after being admonished, the Ordi
nary may deprive him forever of the right to wear the ecclesias
tical garb.
This privation imports the loss of the clerical privileges and
cessation of the obligation of the Ordinary to provide main
tenance for him as referred to in Canon 2303, § 2. (Canon
2304.)
1589. Degradation includes deposition, perpetual privation
of the ecclesiastical garb, and reduction of the cleric to the state
of the laity.
The penalty of degradation can be inflicted only for a crime
to which the law attaches such a penalty, or if the cleric who has
already been deposed and deprived of the clerical garb, has con
tinued for a year to give great scandal.
The degradation is either verbal, or by edict, i. e., inflicted
by sentence only, which, however, has all its juridical effect im
mediately without any execution ; or real, if the formalities pre
scribed in the Pontificale Romanum are observed. (Canon
2305.)
TITLE X.
Penal Remedies and Penances.
CHAPTER I.
Penal Remedies.
1590. Penal remedies are :
1 . monition,
2. correction,
3. precept,
4. surveillance. (Canon 2306.)
1591. The Ordinary shall admonish a person who stays in
proximate occasion of committing an offence, or against whom
there is a grave suspicion of having committed an offence, after
inquisition by the Ordinary has preceded. The monition may be
tendered either by the Ordinary in person, or by another persor
delegated by him. ( Canon 2307. )
1592. If by the conduct of some person scandal or grave
disturbance of order arises, reproof is to be given by the Ordi-
376 THE NEW CANON LAW
nary or his delegate, which may also be done by letter. The repri
mand is to be accommodated to the peculiar circumstances of the
person, as well as to the fact in question. (Canon 2308.)
1593. The monition as well as the reprimand may be either
public or secret.
The public reprimand or monition is to be given either be
fore a notary of the ecclesiastical Curia, or before two witnesses,
or by letter, in such way that the receipt of the letter as well as
of its contents can be proved by some document. If sent by letter,
the notary should make an exact copy of the letter which was
mailed, and which he should keep for future reference in proof
of the contents of the monition, and proof of receipt of the
letter in the form of the return receipt of the registered letter
is also to be kept.
A public reprimand can be given only to a guilty party who
has been convicted of the offence or has confessed to it; it is
judicial, if given by the judge in court, or by the Ordinary before
the criminal trial commences.
The judicial reprimand either takes the place of punishment,
or is given to increase the punishment, especially when there is
question of a recidivus.
If the monition and reprimand were given secretly, proof of
the same must nevertheless be had by some document, which is
to be preserved in the secret archives of the Curia.
The reprimand as well as the monition may be given either
once or repeatedly, according to the prudent judgment of the
superior. (Canon 2309.)
1594. If monitions and reprimands have been given with
out producing results, or if no effect can be hoped to be secured
by them, a precept should be issued in which is to be accurately
indicated what the person in question is to do and to avoid, to
gether with the threat of the penalty in case of transgression.
(Canon 23 10.)
1595. If the gravity of the case demands it, and especially
if there is question of a person who is in danger of relapsing into
the same crime, the Ordinary may subject him to surveillance.
Surveillance may also be prescribed for the purpose of in
creasing the punishment, especially against recidivi. (Canon
2311.)
PENALTIES FOR INDIVIDUAL CRIMES 377
CHAPTER II.
Penances.
1596. Penances in the external fonim are imposed in order
that a delinquent may either escape the penalty which might be
imposed on him if a canonical trial were to be instituted against
him, or also that a delinquent may obtain absolution or dispensa
tion from a penalty which he has contracted. Thus, for instance,
when a priest applies for faculty to absolve a penitent from a cen
sure which he has incurred, the Holy See or the bishop imposes
a penance which must be fulfilled by the penitent who asks for
absolution from the censure.
For an occult offence or transgression no public penance
should ever be imposed.
The penances are to be modified not so much in proportion
to the gravity of the offence as rather to the contrition of the
penitent, taking into account the condition of the person and the
circumstances of the offence. (Canon 2312.)
1597. The principal penances are the precepts :
1. to recite specified prayers;
2. to undertake a pious pilgrimage or other works of piety ;
3. to observe a special fast;
4. to give alms for pious purposes ;
5. to make a retreat in a pious institution or a religious
house for some days.
The Ordinary may add to penances the penal remedies of
monitions and reprimand, (Canon 2313.)
PART III.
PENALTIES FOR INDIVIDUAL CRIMES.
1598. Canons 2314-2414 deal with the penalties inflicted
by the Code on various, specified crimes. Some of these pen
alties are incurred by the very fact of committing the crime (ipso
facto, or latae sententiae), others are to be imposed by the com
petent authority (ferendae sententiae) in case the offence is
brought to the notice of the ecclesiastical superior. Penalties
ferendae sententiae are of the nature of a precept to the ecclesias
tical judge to impose the specified penalty if the party is proved
guilty in court.
378 THE NEW CANON LAW,
CHAPTER I.
Penalties Incurred "Ipso Facto" ("Latae Sententiae").
I. Excommunications Reserved to the Holy See "Specialis-
simo Modo":
1599. 1. such excommunication is visited upon him who
desecrates the consecrated particles, or carries them off for an
evil purpose, or keeps them for that end (Canon 2320);
2. on him who lays violent hands on the Roman Pontiff.
Such a person becomes ipso facto an excommunicatus vitandus
(Canon 2343) ;
3. On a priest who absolves, or makes believe to absolve,
his accomplice in a sin against the Sixth Commandment. Even
in danger of death the priest cannot without incurring excommu
nication absolve his accomplice so long as another priest can be
had without great danger of betraying the priest and giving
scandal, except in case the sick person refuses to confess to an
other priest. The excommunication is incurred also when the
penitent does not mention the sin of complicity, if the guilty
confessor directly or indirectly induced the penitent not to con
fess the sin (Canon 2367) ;
4. a confessor who presumes to violate directly the seal of
confession (Canon 2369).
II. Excommunications Reserved to the Holy See "Speciali
Modo" Befall:
1600. 1. all apostates from the Christian faith, and all her
etics and schismatics (Canon 2314);
2. publishers of books written by apostates, heretics, and
schismatics, who advance the cause of apostacy, heresy, or
schism; also those who defend such books, and others condemned
by name through Apostolic Letters; finally those who, knowing
of the censure, read or keep such books without due permission
(Canon 2318);
3. those who are not ordained priests and pretend to cele
brate Holy Mass or hear confessions (Canon 2322) ;
EXCOMMUNICATIONS RESERVED 379
4. all persons of whatever station or dignity, even that of
the Cardinalate, who appeal from the laws, decrees, or commands
of the reigning Roman Pontiff to a General Council of the
Church (Canon 2332) ;
5. those who have recourse to the civil authorities in order
to impede the letters or documents of the Holy See or of its
Legates, preventing either directly or indirectly their promulga
tion or execution, as also those who on account of these letters
or documents injure or terrify the authors of the same, or others
on account of them (Canon 2333) ;
6. those who publish laws, orders, and decrees against the
liberty and the rights of the Church, as also those who, either
directly or indirectly, impede the exercise of ecclesiastical juris
diction both of the internal and external forum by having for
this purpose recourse to any lay authority (Canon 2334) ;
7. those who dare without due permission of the Church
to cite before the civil court a Cardinal, Papal Legate, or major
official of the Roman Curia on matters arising from their office,
or their own Ordinary (Canon 2341 ) ;
8. those who lay violent hands on a Cardinal or a legate of
the Pope, or on patriarchs, archbishops, and bishops, even though
merely titular (Canon 2343) ;
9. those who usurp or retain, by themselves or through
others, goods and rights belonging to the See of Rome (Canon
2345);
10. those who circulate false letters under the name of the
Holy See, or falsify papal letters, decrees, rescripts, or know
ingly use such letters (Canon 2360) ;
11. those who wrongfully denounce to a superior^ either
by themselves or through others, a confessor of the crime of
solicitation (Canon 2363).
III. Excommunications Reserved to the Holy See "Simpli-
citer" Befall:
1601. 1. profiteers from indulgences (Canon 2327);
2. those who join the sect of the Masons, or other societies
of the same nature that scheme against the Church or t
civil authority (Canon 2335) ;
3. those who without due faculties presume to absolve
380 THE NEW CANON LAW
from an excommunication reserved either specialis3imo or spe-
ciali modo to the Holy See (Canon 2338) ;
4. those who aid or abet any one in a crime for which he
was declared excommunicatus vitandus. Clerics who knowingly,
and of their own accord, participate with such a one in divinis,
and who admit him to Divine services (Canon 2338) ;
5. those who bring into the civil court a bishop (not of
their own diocese), or a titular bishop, an abbot, a prelate nullius,
or any of the supreme superiors of religious communities ap
proved by Rome (Canon 2341) ;
6. persons of either sex who enter without due permission
the enclosure of nuns of solemn vows, and those who admit them
to such place. Likewise women who enter the enclosure of reli
gious men of solemn vows, as also superiors and others who ad
mit them. Finally, nuns of papal enclosure who go outside of it
without due permission (Canon 2342) ;
7. those who retain unjustly Church property of any kind,
either by themselves or through others, or who thwart those who
have a right to the income from Church goods. Only after hav
ing made full restitution can they apply to the Holy See for ab
solution (Canon 2346);
8. those who fight a duel, or who make, or accept, a chal
lenge thereto, or who give any aid to it, or favor it, in any way,
as also those who purposely go to see the duel, who permit it, or
do not stop it in as far as they can (Canon 2351 ) ;
9. clerics in major orders and religious of solemn vows
who attempt to contract a civil marriage, as also all persons at
tempting to contract it with them (Canon 2388) ;
10. those who are guilty of simony in the conferring of an
office, benefice, and ecclesiastical dignity (Canon 2392, § 1) ;
11. the vicar capitular as well as any of the members of the
cathedral Chapter, as also others outside the episcopal Curia, who
steal, destroy, conceal, or substantially alter any document be
longing to the episcopal Curia (Canon 2405),
IV. Excommunications Reserved to the Ordinary Are
Those of
1602. 1. Catholics who marry before a non-Catholic min
ister (Canon 2319) ;
2. Catholics who contract marriage with the explicit or im-
EXCOMMUNICATIONS NOT RESERVED 381
plicit understanding that either all or some of their children are
to be brought up as non-Catholics (Canon 2319) ;
3. Catholics who knowingly present their children to a
non-Catholic minister for Baptism (Canon 2319);
4. Catholic parents, or those who take the place of the
parents, who knowingly have their children brought up or in
structed in a non-Catholic persuasion (Canon 2319) ;
5. those who prepare bogus relics, or who knowingly sell,
distribute or expose them for public veneration (Canon 2326) ;
6. those who lay violent hands on a cleric or a religious
(Canon 2343);
7. those who procure abortion, not excepting the mother,
if abortion has actually taken place (Canon 2350) ;
8. Religious of non-exempt communities who apostatize
from the religious life. Apostates of exempt orders incur excom
munication reserved to the major superiors of the respective Or
der (Canon 2385);
9. Religious of simple perpetual vows, both in Orders and
congregations, who contract marriage without dispensation, and
the persons thus contracting with them (Canon 2388).
V. Excommunications Not Reserved Are Those of
1603. 1. authors and publishers who without due permis
sion publish books of the Bible, or annotations and commentaries
on the same (Canon 2318, § 2) ;
2. those who dare to demand, or force, the Church to give
ecclesiastical burial to infidels, apostates, and others excluded
from ecclesiastical burial (Canon 2339) ;
3. those who alienate church property and knowingly fail
to obtain the beneplacitum of the Holy See, if the goods are of
great value, namely, worth more than six thousand dollars. All
those implicated in such transaction by giving, receiving, or con
senting, fall under the censure ( Canon 2347) ;
4. those who force another in any way to enter the clerical
life, or a religious community, or to take vows, whether solemn
or simple, temporary or perpetual (Canon 2352) ;
5. the faithful who neglect to denounce within one month
the priest guilty of solicitation in confession (Canon 2368, § 2).
382 THE NEW CANON LAW
VI. Interdicts Incurred "Ipso Facto."
1604. 1. An interdict reserved speciali modo to the Holy See
is incurred by any university, college, Chapter, and other com
munity of whatsoever kind, that appeals from the orders and
decrees of the reigning Sovereign Pontiff to a General Council of
the Church. ( Canon 2332. )
2. Those who knowingly celebrate, or make another cele
brate, Divine offices in places that are interdicted, as also those
who admit excommunicated, or suspended, or interdicted clerics
after their censure has been pronounced by condemnatory or
declaratory sentence in court, incur an interdict ab ingressu eccle-
siae, reserved to the authority whose law or command was vio
lated. (Canon 2338, §3.)
3. Those who are the cause of a local interdict, or of an
interdict on a college or community, incur a personal interdict.
(Canon 2338, § 4.) Though there is no mention made of the
reservation of this interdict, it is understood that in case an au
thority inflicts an interdict on an individual or a community, no
one can free such person from the punishment except the one
who imposed the penalty, or his successor in office, or the higher
authority.
4. An interdict ab ingressu ccclesiae reserved to the Ordi
nary falls on those who of their own accord give ecclesiastical
burial to persons not entitled thereto by law. (Canon 2339.)
VII. Suspensions Incurred "Ipso Facto."
1605. 1. Suspensions reserved to the Holy See are in
curred as follows :
(a) a consecrating bishop and his assistants, whether
bishops or priests, who consecrate a bishop without leave from
the Holy See are ipso facto suspended, as also the consecrated
bishop, until the Holy See shall absolve them (Canon 2370) ;
(b) clerics promoted by simony to orders, and those ad
ministering or receiving any other Sacrament through simony,
are ipso facto suspended (Canon 2371) ;
(c) those who presumptuously receive orders from one who
is publicly excommunicated, suspended or interdicted, or from a
notorious apostate, heretic, schismatic, incur suspension a divinis,
reserved to the Holy See (Canon 2372) ;
(d) suspension from conferring orders for a year is in-
SUSPENSIONS INCURRED "IPSO FACTO" 383
curred by: (1) those who ordain a non-subject without proper
dimissorial letters; (2) those who ordain a subject without testi
monial letters, if after the age of puberty the ordinandus lived in
another diocese for six months, or, in case of soldiers, for three
months; (3) those who ordain one to major orders without a
proper canonical title; (4) those who ordain religious when they
have no right to be ordained outside the diocese in which the
monastery of the candidates is situated (Canon 2373) ;
(e) a religious in major orders whose profession is null and
void on account of deceit on his part is ipso facto suspended until
the Holy See dispense him (Canon 2387).
2. Suspensions reserved to the Ordinary:
1606. (a) Clerics who without due permission from the
Ordinary sue in a civil court a priest, cleric or religious, incur
suspension from office. (Canon 2341.)
(b) Religious who become fugitives (see Canon 644, § 3)
incur suspension reserved to their own superior. (Canon 2386.)
3. Suspensions not reserved :
1607. (a) Priests who hear confessions without proper
jurisdiction are ipso facto suspended a divinis. Those who pre
sumptuously absolve from reserved sins are ipso facto suspended
from the hearing of confessions (Canon 2366) ;
(b) those who are ordained without dimissorial letters, or
with false ones, or before the canonical age, or by skipping some
orders intentionally, are ipso facto suspended from the orders
thus received (Canon 2374) ;
(c) suspension a divinis is incurred by those clerics who
resign an office, benefice, or ecclesiastical dignity, into the hands
of lay persons (Canon 2400) ;
(d) an abbot or a prelate nullius, who without necessity
puts off his consecration for over three months after receiving the
papal letters, ipso facto incurs suspension from jurisdiction
(Canon 2402);
(e) a vicar capitular who gives dimissorial letters contrary
to Canon 958, § 1, 3, incurs ipso facto suspension a divinis
(Canon 2409) ;
(f) religious superiors, who, in violation of Canons
967, send their subjects for ordination to a strange bishop, are
ipso facto suspended for one month from the celebration of
Mass (Canon 2410).
384 THE NEW CANON LAW
VIII. Infamy of Law Incurred "Ipso Facto":
1608. 1. Catholics who formally join a non-Catholic sect,
or publicly adhere to it (Canon 2314, § 3) ;
2. desecrators of consecrated hosts (Canon 2320) ;
3. persons who dishonor the memory of the dead by theft
or other crimes committed on the bodies or the graves of the
deceased (Canon 2328) ;
4. those who lay violent hands on the Roman Pontiff, Car
dinals, or Papal Legates (Canon 2343, § 1);
5. those who fight a duel, and their official witnesses
(Canon 2351, §2);
6. those who attempt a so-called civil marriage while their
lawful husband or wife is living (Canon 2356) ;
7. lay persons lawfully condemned for crimes of impurity
with minors under sixteen years of age, or for attack on women,
sodomy, bawdry, incest (Canon 2357).
IX. Loss of Salary Is Incurred "Ipso Facto" by:
1609. 1. clerics who possess an office or benefice which
requires residence, for instance a parish, ipso facto forfeit the
right to the revenue or salary of their benefice or office, in propor
tion to the time during which they illegitimately absented them
selves, and they are obliged to turn it over to the Ordinary who is
to use the money for the benefit of a church, or pious institution,
or as alms for the poor (Canon 2381, § 1) ;
2. persons who neglect to make the profession of faith re
quired by Canon 1406 in the appointment to certain offices and
benefices forfeit the right to the revenue or salary of the benefice
or office for the time that without a legal excuse for such delay
they neglected to make the profession (Canon 2403).
X. Loss of Office or Benefice Incurred "Ipso Facto" by:
1610. 1. voters in elections by a college or community of
clerics or religious, in which lay persons interfere with the rights
and the freedom of the Church, if the voters solicited, or of their
own accord admitted, such interference, are ipso facto deprived
of the right to vote in that election and the person thus elected,
who knowingly consents to his election, becomes ipso facto in-
PENALTIES "FERENDAE SENTENTIAL' 385
capable of acquiring the office or benefice in question (Canon
2390);
2. those who have been elected, nominated or presented to
an ecclesiastical benefice, office, dignity, and assume possession or
administration before they have received the necessary letters of
confirmation or appointment become ipso facto incapable f orj;hat
office or benefice; the Chapter or community who admits them
before they have shown the letters of confirmation or appoint
ment are ipso facto suspended ad beneplacitum S. Sedis from the
right of election, nomination, presentation (Canon 2394) ;
3. he who knowingly accepts the appointment to an office,
benefice, or dignity, which is not vacant by law, and allows him
self to be put in possession of the same, becomes ipso facto in
capable of obtaining the said office or benefice when it becomes
actually vacant (Canon 2395) ;
4. clerics who have obtained peaceful possession of another
office or benefice which is incompatible with the former, and pre
sume to keep possession of both against the ruling of Canons 156
and 1439, are ipso facto deprived of both (Canon 2396) ;
5. he who has been promoted to an episcopal see and neg
lects to be consecrated within three months, as required by Canon
333, loses the revenue of the episcopal see, which is to be applied
to the benefit of the cathedral church, and if he delays his conse
cration for three more months he is ipso facto deprived of the
bishopric (Canon 2398).
CHAPTER II.
Penalties "Ferendae Sententiae."
I. Excommunication.
1611. Lay persons who are unfaithful in the handling of
Mass stipends may be excommunicated by the Ordinary if their
offence has been very serious. (Canon 2324.)
II. Interdict "Ferendae Sententiae."
1612. 1. By interdict ab ingressu ecclesiae are to be pun
ished those who desecrate a church or cemetery by homicide or
by copious spilling of blood by sinful action, by using the church
or cemetery for impious or indecent purposes, by burial of an in-
386 THE NEW CANON LAW
fidel or of a person excommunicated by an ecclesiastical court
(Canon 2329).
2. Bigamists who, in violation of the rights of their lawful
partner, live in concubinage with another party, are after having
been admonished without avail to be punished with personal in
terdict or with excommunication (Canon 2356).
3. Persons who violate the graves by theft, or abuse the
bodies of the deceased for an evil purpose are to be punished with
personal interdict (Canon 2328).
III. Suspensions "Ferendae Sententiae."
1613. 1. Clerics suspected of heresy are to be suspended
a divinis (Canon 2315).
2. Clerics who knowingly teach or defend, either publicly
or privately, a doctrine that has been condemned by the Holy See
or by a General Council, even though not as heretical, are to be
suspended from preaching, hearing of confessions, and any office
of teaching (Canon 2317).
3. Priests who against the law of Canon 806, §1, and 808
say Holy Mass twice the same day without permission, or who
celebrate without keeping the eucharistic fast, are to be suspended
by the Ordinary for a time to be determined by him (Canon
2321).
4. Clerics who trade with Mass stipends, or do not fulfil
the obligation of the stipend, or unjustly retain part of the sti
pend when having the Mass said by another, are to be punished
severely by the Ordinary, and if the transgression is very serious
they may be punished with suspension and privation of office or
benefice (Canon 2324).
5. A pastor who incites the people by word or writing to
impede the exercise of jurisdiction of his Ordinary, may, if the
case is serious, be suspended. With the same penalty the Ordi
nary shall punish a priest who excites the people in any manner
to impede the entrance into the parish of a priest lawfully ap
pointed as its pastor or administrator (Canon 2337).
6. Clerics who violate the enclosure of nuns of solemn
vows, besides incurring excommunication reserved to the Holy
See simplici modo, are to be suspended for a time by the bishop
( Canon 2342, § 1).
SUSPENSIONS 387
7. Secular or religious clerics in sacred orders, who live in
concubinage and do not amend after having been admonished,
are to be suspended a divinis, and to be deprived of the revenue
of their office or benefice, by summary trial as outlined in Canons
2176-2181 (Canons 2359, § 1). If they have committed acts of
impurity with persons under sixteen years of age, adultery, at
tack on women, bestiality, sodomy, bawdry, incest with blood
relations or relations by marriage in the first degree, they are to be
suspended, punished with infamy of law, and deprived of any
office, benefice, dignity, and in more serious cases they are to be
deposed (Canon 2359, § 2).
8. Priests who dare to give Confirmation without having
this faculty either by law or by indult of the Holy See, are to be
suspended. If they knowingly exceed the limits of their faculty
or indult, they are ipso facto deprived of the faculty of confer
ring this Sacrament (Canon 2365).
9. Priests who commit the crime of solicitation in confes
sion, as described in Canon 904, are to be suspended from the
celebration of Holy Mass and the hearing of confessions, and if
the gravity of the guilt demands it, they shall be declared in
capable of hearing confessions, and be deprived of every bene
fice, office, dignity, active and passive vote, and declared incapable
of ever acquiring these. In more serious cases they shall be de
graded (Canon 2368, § 1).
10. Confessors who indirectly violate the seal of confession
are to be punished with the penalties mentioned in the preceding
paragraph (Canon 2369, § 1).
1 1 . Clerics in major orders who fail in grave matters to ob
serve the rites and ceremonies prescribed by the Church in the
sacred ministry, shall after previous admonition be suspended
(Canon 2378).
12. Clerics who do not wear the ecclesiastical garb (and,
in countries where it is the custom, the tonsure) and have been
admonished without result, shall, if in major orders, be suspended
from their order unless they amend within one month; clerics in
minor orders ipso facto forfeit the clerical state if they do not
heed the admonition of the Ordinary (Canon 2379).
13. Clerics in major orders who abandon the office or work
committed to them by their own Ordinary without his permission,
shall be suspended a divinis for a time (Canon 2399).
388 THE NEW CANON LAW
14. If a cleric after legitimate privation of, or removal
from, an office or benefice does not relinquish the same, he shall
after previous admonition be forced to obey by suspension a di-
vinis, and even by deposition if necessary (Canon 2401).
IV. Degradation.
1614. 1. Clerics who formally join, or publicly adhere to,
a non-Catholic sect are to be degraded, if they do not amend
after having been admonished (Canon 2314, § 3).
2. Clerics who lay violent hands on the Roman Pontiff are
to be degraded (Canon 2343, § 1).
3. Clerics guilty of voluntary homicide are to be degraded
(Canon 2354, §2).
4. Clerics in minor orders guilty of very serious crimes
against the Sixth Commandment, for instance fornication with
minors under sixteen years of age, sodomy, incest, may be de
prived of the clerical state (Canon 2358).
V. Deposition Is Incurred by:
1615. 1. clerics who desecrate the consecrated particles
(Canon 2320);
2. clerics who violate the graves of the dead by theft, or
abuse the bodies of the deceased for any evil purpose (Canon
2328);
3. clerics guilty of procuring abortion (Canon 2350).
VI. Suspicion of Heresy Falls on:
1616. 1. persons who knowingly and of their own accord
help to propagate heresy in any manner, or who take an active
part in the Divine worship of non-Catholics, as forbidden by
Canon 1258 (Canon 2316);
2. persons who contract marriage with the understanding
that all or some of their children are to be raised as non-Catho
lics ; parents who have their children baptized by a non-Catholic
minister, and parents and guardians who have their charges in
structed in a non-Catholic sect (Canon 2319) ;
3. persons who desecrate consecrated particles (Canon
2320) ;
4. persons of any state or dignity who appeal from the
PROHIBITION FROM LEGAL ACTIONS . 389
laws, decrees, orders of the Roman Pontiff to a General Council
(Canon 2332) ;
5. persons who continue obstinately in the censure of ex
communication for one year (Canon 2340, § 1);
6. all persons, not excluding those in the episcopal dignity,
who knowingly, through simony, ordain others, or are ordained,
and minister or receive the Sacraments (Canon 2371).
Canon 2315 provides that persons suspected of heresy are
to be admonished to remove the cause of the suspicion, and if
they fail to do so they are, if laymen, to be deprived of the right
to legal actions; while a cleric, after a second admonition, is to
be suspended a divinis. All who, by law, are suspected of heresy
are, after having been admonished and punished in the aforesaid
manner, considered heretics, and become liable to the penalties
for heresy if they do not amend within six months after the first
punishment.
VII. Prohibition from Legal Actions Is to Be Inflicted on:
1617. 1. persons suspected to heresy (Canon 2315);
2. persons who have attempted the crime of suicide (Canon
2350, §1);
3. men guilty of rape, even though there be the intention
of marrying the woman, or who elope with a girl of minor age
without the knowledge or against the protest of parents or
guardians, are ipso facto deprived of the right to legal actions
(Canon 2353) ;
4. lay persons, who have been lawfully condemned for the
crime of homicide, of rape against those not of the age of
puberty, of real slavery or selling of a human individual for any
evil purpose, usury, robbery, theft of very large amounts, incen
diarism or other serious destruction of property, grave mutila
tion, wounding, violence, are ipso facto deprived of the right to
legal actions, and of any position they may have in the Church
(Canon 2354);
5. persons who have committed public adultery, who live
in public concubinage, or have been lawfully condemned for other
crimes of impurity, are to be forbidden the right to legal actions
until they have given true signs of repentance (Canon 2357, 2) ;
6. Catholics who contract a mixed marriage, though
validly, without a dispensation of the Church are ipso facto
390 THE NEW CANON LAW
deprived of the right to legal actions and of the sacramentals
until they are dispensed by the Ordinary (Canon 2375);
7. religious who apostatize from the religious life, are in
addition to incurring excommunication, ipso facto deprived of
the right to legal actions and of active and passive vote. (Canon
2385.) Cf. Canon 2256 which specifies the actions forbidden by
this prohibition.
VIII. Various Other Penalties "Ferendae Sententiae."
1618. 1. Privation of benefice, dignity, office, pension, or
any other ecclesiastical position, and infamy of law is to be in
flicted on apostates, heretics, schismatics, if after repeated ad
monition they do not amend. (Canon 2314, § 2.)
2. Laymen who pretend to hear confessions, or to say Holy
Mass, are to be deprived of any position they hold in the Church,
or any ecclesiastical pension. (Canon 2322.)
3. Clerics conspiring against the authority of the Roman
Pontiff, his legates, or their own Ordinary, and against their law
ful orders, are to be punished with censures and deprived of
dignities, offices, benefices; religious shall be deprived of active
and passive vote, and of the office they hold. (Canon 2331, § 2.)
4. Clerics who have recourse to any lay authority to ob
struct the exercise of ecclesiastical jurisdiction of either the
internal or the external forum, or who join the Masons or any
other society of the same nature, shall, in addition to the excom
munication incurred in virtue of Canons 2334 and 2335, be
punished by suspension or privation of their benefice, office, dig
nity, pension, or any other position in the Church. Religious
who are guilty of these offences shall be deprived of every office
and of active and passive vote. Clerics and religious who join
the Masons or any other similar society must, moreover, be de
nounced to the Holy Office. (Canon 2336, § 1.)
5. If a cleric continues for six months in the censure of
suspension, he shall be admonished to amend, and if one month
from the admonition has elapsed without result he shall be de
prived of his benefice or office. (Canon 2340.)
6. Clerics who lay violent hands on a Cardinal or Papal
Legate are to be deprived of benefices, offices, dignities, pensions,
or any other position they hold in the Church. (Canon 2343, § 2.)
7. Clerics who usurp or retain by themselves, or through
VARIOUS PENALTIES 391
others, goods and rights of the See of Rome, besides incurring
ipso facto excommunication reserved to the Holy See speciali
modo, are to be deprived of benefices, offices, pensions, and to
be declared incapable of ever acquiring them. (Canon 2345.)
8. Clerics who unjustly appropriate to themselves Church
goods of any kind, or consent that others steal them, besides
incurring ipso facto excommunication reserved to the Holy See
simplici modo, are to be deprived by their Ordinary of any bene
fice, and declared incapable of ever obtaining a benefice, and to
be suspended for a time. ( Canon 2346. )
9. If a religious superior or procurator alienates without
the formalities required by Canons 534, § 1, and 1532, ecclesias
tical goods worth more than two hundred and less than six
thousand dollars, he shall be punished with privation of his office
and with inability to acquire other offices; the Ordinary and
other clerics who have an office, benefice, or position in the
Church shall pay double the amount to the church or institution
which they injured; other clerics shall be suspended for a time.
(Canon 2347, §2.)
10. Clerics guilty of attempted suicide shall be suspended
for a time, and removed from benefices and offices to which the
care of souls either in the internal or external forum is attached.
(Canon 2350, §2.)
11. Clerics guilty of homicide, rape on persons under the
age of puberty, selling of human beings into slavery or for any
other evil purpose, robbery, theft in very large amounts, incen
diarism or other serious damage to property, of grave mutilation,
wounding or violence, are to be punished with penances, censures
and privation of offices, benefices, dignities, according to the
amount of guilt. (Canon 2354, § 2.)
12. Clerics who falsify letters, decrees, or rescripts, of the
Holy See, or knowingly make use of bogus letters, besides incur
ring ipso facto excommunication reserved to the Holy See spe
ciali modo, are to be deprived of their benefice, office, dignity,
pension ; religious are to be deposed from office and deprived of
active and passive vote. (Canon 2360, § 2.)
13. Priests who do not attend the diocesan conferences are
to be punished by the Ordinary according to his judgment. Re
ligious priests, who do not have the care of souls, but are ap
proved for confession, are to be suspended .from hearing con-
392 THE NEW CANON LAW
fessions of seculars if they, in violation of Canon 131, do not
appear at the conferences. (Canon 2377.)
14. Clerics bound to residence in virtue of the office, bene
fice, or dignity which they hold, may be deprived of them in the
manner laid down in Canons 2118-2175, if they seriously neglect
the obligation of residence. (Canon 2381, § 2.)
15. He who, in violation of Canon 1406, neglects by his
own fault to make the profession of faith before taking posses
sion of the office or benefice, shall, if he, in spite of the admoni
tion by the Ordinary nevertheless continues in his negligence,
be punished with privation of the office or benefice. (Canon
2403.)
16. Those who are obliged in virtue of their office to write
or to keep the records of the various ecclesiastical Curias or of
parishes, are to be punished with privation of office, if they
falsify, adulterate, destroy, or hide, the records. Those who
refuse to show the records to persons entitled to inspect them,
or to transmit a copy of the records to those who legitimately
ask for it, are to be punished with privation of office or sus
pension from office, or with money fines, according to the
discretion of the Ordinary. (Canon 2406.)
17. Those who demand fees for concessions of dispensa
tions, etc., above the ordinary and legitimate charges as sanc
tioned by Canon 1507, are to be punished with heavy money fines
and if they again fail in the same matter they are to be suspended
or even removed from office, besides having the obligation of
making restitution of the money which they thus unlawfully
received. ( Canon 2408. )
18. Superiors of religious, both of men and women, who
interfere with the canonical visitation by intimidating, or other
wise inducing, their subjects not to tell the truth, or who molest
them for having spoken freely to the visitor, are to be declared
by the Visitor incapable of holding office, and to be deprived of
the office they actually hold. (Canon 2413.)
19. Superioresses who interfere with the liberty the Code
grants in the matter of the confessions of the sisters (Canons
518-530), are to be admonished by the Ordinary, and, if they
fail again, to be removed from office, of which proceeding the
Ordinary shall notify the S. Congregation of the Religious.
(Canon 2414.)
INDEX OF SUBJECTS
(The numbers refer to paragraphs)
ABBOT to be called to a General Coun
cil 154; — in charge of a monas
tery must obtain abbatial blessing
from the bishop within three
months 470; is suspended from
jurisdiction if he neglects to receive
the blessing 1607, d ; — nullius,
what the term signifies 206, his
rights and duties 207-209; jurisdic
tion over the religious 346; — nul-
Kus if consecrated bishop, has the
same rights as a bishop in refer
ence to ordinations 800.
ABORTION punished with excommuni
cation ipso facto reserved to the
Ordinary 1602, 7; irregularity in
curred by — 828, 4.
ABROGATION, how laws are repealed,
general laws 6; particular law 22-
23 ; customs 30 ; — of favors granted
by rescript 47.
ABSENCE from diocese forbidden to
clerics without leave of the bishop
119, 310.
ABSOLUTION, priests presuming to ab
solve from excommunications re
served to the Holy See specialis-
simo and speciali modo incur ex
communication reserved simplici-
ter 1601, 3; those who absolve
from reserved sins without facul
ties are ipso facto suspended from
the hearing of confessions and
those who hear confessions with
out jurisdiction are ipso facto sus
pended a divinis 1607, a.
ABSTINENCE, law of — , what it for
bids 1093; abstinence days 1095;
who is bound by the law of absti
nence 1097.
ACCOMPLICE in sins of impurity can
not be validly absolved by the guilty
priest except in danger of death
727; priest absolving his — incurs
ipso facto excommunication re
served to the Holy See specialissimo
modo 1599, 3.
Acta Apostolicae Sedis, the official
organ of the Holy See 9.
ACTIONS of legal persons 78; legal —
what the term signifies 1540; pro
hibition from — for certain offences
1617.
ACTS of Plenary and Provincial Coun
cils to be approved by the Holy See
197-
ADMINISTRATION of the goods of re
ligious 3/6-382; — of ecclesiastical
goods 1025-1030; Roman Pontiff
supreme administrator 1312; bishop
for his diocese 1313; board of dio
cesan administrators 1314; — °*
charitable institutions 1315-1316;
their duties 1317; financial state
ment 1319.
ADMINISTRATOR Apostolic appointed by
the Holy See 199; taking posses
sion of his office 200; rights and
duties 201-205; by special faculty
appointed by another bishop or
archbishop 276.
ADMISSION into a religious commun
ity 383; — to services in church
must be free of charge 1024.
ADOPTION, legal, impediment of mar
riage 923.
ADULTERY, reason for separation of
married people 972 & 973-
ADULTS, baptism of — in danger of
death 595; formula of baptism for
— by permission of the bishop 598.
Advena, what the term signifies 68.
AFFINITY, what constitutes — 74 J im~
pediment of marriage 920.
AGE, seven years of — required to
become subject to the laws of the
393
394
THE NEW CANON LAW
church 12 ; major — 65 & 66 ; minor
— 66 ; domicile of minors 70 ; im
pediment of — in marriage 910.
AGENT, clerics must not act as — for
property and goods of others 115.
AGREEMENTS, special — between coun
tries and the Holy See remain in
force 3.
ALIENATION of ecclesiastical goods
1324-1329; — without the benepla-
citum of the Holy See punished
with excommunication if the goods
are of great value 1603, 3.
ALL SOULS', indult to say three Holy
Masses on — day 649, all altars of
churches privileged on that day 760.
ALMS, mendicant Orders living as
such have the right to collect alms
in their own diocese 466; to beg in
another diocese they need the per
mission of the bishop 467-469.
ALTARS, various kinds 1040; material
1041; consecration 1042; loss of
consecration 1043; title of — 1044;
bodies must not be buried under or
near the — 1045.
APOSTATE from religious life, defini
tion of — 489 & 490.
APOSTOLIC SEE, what is meant by the
term 7.
APPEAL in marriage cases 1412-1415 ;
— in removal of pastors to be made
to the Holy See 1430 ; — from cen
sures 1527; — from punitive penal
ties 1571; — from Pope to General
Council by any person punished
with excommunication 1600, 4; in
terdict incurred by university or
community guilty of this offence
1604, i.
APPLICATION of Holy Mass by the
pastor for the parish 311; by the
bishop for the diocese 220 ; for what
persons Holy Mass may be applied
652.
APPOINTMENT to ecclesiastical offices
to be done in writing 126; — of
bishops subject to Consistorial Con
gregation 168; exclusive right of
the Holy See 213 ; bishop who is ap
pointed must be consecrated within
three months 214.
APPROVAL of religious organizations
333, 3-
ARBITRATION, settlement of dispute by
— 1355-1358.
ARCHBISHOP to be called to a General
Council 154; his rights and privi
leges in reference to his suffragans
191 ; convokes Provincial Council
195 ; his duty to report to the Holy
See a suffragan who neglects to
give Confirmation 628.
ARCH CONFRATERNITIES, definition of
— 563; what confraternities they
can affiliate 564; what indulgences
are communicated by due affiliation
565; conditions for valid affiliation
566.
ARCHIVES of the diocese, how to be
kept 256; permission to take out
documents 259 ; secret — how to be
kept 260; right of the faithful to
ask for copy of documents of dio
cesan or parochial — 261.
ARTS unbecoming to the clergy for
bidden them 114.
ASSISTANTS to the pastor 320-322.
ASSOCIATIONS, what societies are for
bidden to the faithful 529; bishop's
consent for erection of — 531 ; per
sons elegible for membership; re
ligious need permission of superior
538; when inscribing of name is es
sential for validity 539; privation
of membership 541 ; rights of socie
ties 542; chaplain and prefect 543 J
suppression 544 ; various kinds 545 ;
precedence 546.
ATTEMPTED crime, how far its guilt
extends 1496 & 1497-
AUXILIARY bishop 231.
BAIL, clerics forbidden to furnish bail
for any one without permission of
bishop 113.
BANNS of marriage to be announced
by the proper pastors of both par-
INDEX OF SUBJECTS
395
ties 865 & 866 ; when and how many
times 867; mixed marriages as a
rule not to be announced 869; fac
ulty of bishop to dispense with the
— 871 ; marriage of conscience can
be allowed only by the Ordinary
947-
BAPTISM makes one subject to the
laws of the Church 64; definition
of solemn and private — 580 ; min
ister 581; subject 588; — of fetus
589 ; abandoned infants 592 ; infants
of infidels 593; of protestants and
apostates 594; blessing of baptismal
font reserved to pastor 307, 7 ; bap
tism of adults in danger of death
595; of mentally affected persons
597. Rites and Ceremonies : bishop
may allow formula of infant bap
tism for adults 598; child to be
baptized in Rite of the parents 599 ;
in solemn baptism use of baptismal
water obligatory 600; manner of
baptizing 601 ; private — in danger
of death 602; name of Saint to be
given 604 ; Sponsors : should be em
ployed in solemn and in private —
605; in conditional — 606; condi
tions for valid sponsorship 608; for
licit sponsorship 609; extent of
spiritual relationship 611; duties of
sponsors 612 ; Time and Place : may
be given any day 615; conditions
under which solemn baptism may
be given in private houses 619 ;
Recording and Proof: pastors must
keep^ baptismal record, how illegit
imate children are to be registered
620; one witness sufficient to prove
— 622 ; in baptismal record note to
be made of ordination to subdeacon-
ship 854, and of solemn religious
profession 421 ; Catholics who have
their children baptized by non-
Catholic minister are ipso facto ex
communicated 1602, 3.
BEATIFICATION, cases of — subject
to S. Congregation of Rites 173;
process of — 1425.
BELLS, blessing of church — 1012.
BENEFICE, definition of — 1252; en
dowment or revenue 1253; various
kinds 1254; authority to erect —
1257; conditions made by a bene
factor in the erection of — 1260;
uniting of several — 1262; what
benefices the bishop cannot unite
1267, to unite a parish with a re
ligious by full right requires per
mission of the Holy See 1268;
transfer of benefice 1269; division
of parishes 1270 & 1271 ; pension
imposed on — 1272 ; resignation of
— 1279.
Beneplacitum of Holy See necessary:
to give a parish to a Religious Or
der, or a college 297; to reduce an
irremovable parish to a removable
299 ; for the founding of a house of
exempt religious 342; for contract
ing of debts by religious if sum is
over six thousand dollars 379.
BEQUEST in favor of the Church 1307-
BIBLE, publishing the — or annota
tions and commentaries without
permission punished with excom
munication 1603, i.
BINATION of Holy Mass not allowed
except by papal indult or permis
sion of local Ordinary, who can
grant it only for Sundays and holi
days of obligation and never for
more than two Masses a day 649.
BIRTH-PLACE, what is considered one's
birth-place 67.
BISHOP, dispensations and other fa
vors refused by — cannot validly
be granted by Vicar General 41;
what papal rescripts of favors and
dispensations have to be shown to
the — 43 ; — can grant dispensation
from the common law when re
course to Rome is difficult 58; from
particular laws 59 ; residential — to
be called to a General Council 154;
source of — jurisdiction 210; requi
sites for candidates for Episco-
396
THE NEW CANON LAW
pate 212; can exercise jurisdiction
after taking canonical possession
215 ; privileges of all — 230, i ;
proper to residential — 230, 2 ; what
is to be done when — is hindered
in the exercise of his jurisdiction
274; during vacancy 275 & 276; —
not held to ecclesiastical law in pro
hibition of books 1244 ; can dispense
others from this law in individual
cases 1245 ; — do not incur suspen
sions and interdicts latae sententiae
unless they are explicitly mentioned
1511.
BLESSING, apostolic, may be given by
any priest assisting the dying 313;
blessing of baptismal water and of
houses reserved to pastor 307, 6 &
7; blessing of baptismal water in
case of necessity 600; blessing of
sacred utensils — who has the fac
ulty 1147.
BOOKS, matter of prohibition of —
subject to Holy Office 167; what —
Catholics may not publish without
ecclesiastical approval and who is to
give approval 1228; clergy must
submit also writings on secular
topics 1229; — on indulgences need
papal Imprimatur 1231 ; reprints of
liturgical — 1233; translations of
the Holy Scriptures 1234; duty of
the censor 1236; how Imprimatur
is to be printed 1237; right of the
Church to prohibit — 1238 ; forbid
den by law 1242; Cardinals and
bishops not bound by ecclesiastical
law of forbidden — 1244; power of
the bishop to dispense 1245; dis
pensation of the Holy See 1246-
1248.
BREVIARY, see Divine Office.
BURIAL, ecclesiastical, bodies of the
faithful to be buried in consecrated
ground, cremation forbidden 1046;
what is meant by — 1047 ; persons
to be denied — 1083 & 1084; those
who give — to persons not entitled
are ipso facto under interdict ab in-
gressu ecclesiae 1604, 4; see also
Funeral.
BUSINESS or gainful occupations not
to be conducted by clerics or by
others in their name 118.
Camera Apostolica, its rights and du
ties 182.
CANONIZATION, cases of — subject
to S. Congregation of Rites 173;
process of — 1425.
CARDINALS are to be called to a Gen
eral Council 154; creation and privi
leges of — 161 ; do not incur penal
ties unless explicitly mentioned
IS".
CASES, civil and criminal of clerics
must be judged in the ecclesiastical
court, permission needed to bring
suit to civil court 97.
CASSOCK, see Garb.
CATECHETICAL instruction, duty of
pastor, 1172-1176.
Cathcdraticum, by whom to be paid
1298.
CATHEDRAL chapter, when it has the
right to elect a vicar capitular 276
& 277.
CELEBRANT, see Mass.
Celebret, unknown priests who wish
to say Mass in a church must ex
hibit — 647.
CEMETERIES to be blessed 1048; what
to be done if State laws do not al
low Catholic — 1049; exempt re
ligious may have — of their own
1051 ; part to be reserved few the
clergy and infants 1052; permission
of bishop needed to transfer bodies
from — 1057; right of the faithful
to choose — for their burial 1066.
CENSORSHIP, see Books.
CENSURES, when persons under —
may or may not receive dispensa
tions and favors 36; definition of
— 1525; what offences to be pun
ished with — 1526; appeal from
1527; how they are multiplied 1528;
reserved and non-reserved — 1529-
INDEX OF SUBJECTS
397
1531 ; absolution in ordinary cir
cumstances 1532, 1535, 1537; in dan
ger of death 1536; in urgent cases
1538; three kinds of — 1539 & 1540;
general principles of excommuni
cation 1541-1551 ; of interdict 1552-
1561 ; of suspension 1562-1569. (See
each censure under its own head
ing.)
CESSATION of delegated jurisdiction
138; of ordinary jurisdiction 139.
CHANCELLOR, his appointment and of
fice in the diocese 253.
CHAPLAIN, military 296; of church
societies and confraternities 543;
of institutions 309, 324, 374.
CHARITY, obligation of the religious
to support a needy woman for some
time after she has been dispensed
from religious vows 488.
CHILDREN under seven years of age
not subject to purely ecclesiastical
laws 12, 65 ; conditions under which
they are to be admitted to Holy
Communion 697; — under age of
puberty do not fall under censures
latae sentcntiae 1514.
CHRISTMAS, indult to say three Holy
Masses 649, and to take stipend for
each 667; indult to say three
Masses at midnight in religious and
pious institutions and to give Holy
Communion 664.
CHURCH, Catholic, has independent
right to choose men for ranks of
the clergy 86 ; what is meant in law
by the term church 1004; churches
cannot be built without consent of
local Ordinary 1005; blessing of
corner stone reserved to Ordinary
or major religious superior 1006;
must be blessed before services can
be held in — 1008; consecration
1009; titular feast 1010 & 1011 ; loss
of consecration and blessing 1013,
1015; reconciliation of desecrated
— 1019 & 1020; what is forbidden
in — 1021; right of refuge 1022;
admission to services must be free
of charge 1024; church goods and
their administration 1025 - 1030 ;
those who celebrate in an inter
dicted — or admit publicly cen
sured clerics to officiate incur the
interdict ab ingressu ecclesiae 1604,
2.
CLERGY, by Divine right distinct from
the laity 84.
CLERICS are called those who have
First Tonsure, various degrees 85;
must belong either to a diocese or
a religious community 88; rights
and privileges 95-99; — in major
orders cannot validly contract mar
riage 108, 915 ; must say the Divine
Office in; outward appearance
112; forbidden to indulge in games
of chance; to go to saloons 114;
forbidden without bishop's consent
to go bail for any person 113; not
allowed to practice medicine and
surgery, not to run for public offices
115 ; must keep away from improper
theatricals, shows, dances 116; not
conduct secular business 118; must
keep residence 118 & 119; punish
ment for breaking the law of resi
dence 1452-1459; how — are re
duced to the lay state 142 & 143.
CLOSED season for marriage 951.
COADJUTOR bishops 231-236.
COLLEGE, superior of a — not to hear
confessions of pupils 734.
COMMON LAW, see Law.
COMMUNICATION of privileges, gen
eral principle 49 ; between Religious
Orders abolished 458. (Communi
cation in Divine services of non-
Catholics, see Heresy.)
COMMUNION, regulation for Holy —
of religious merely directive 44QJ
priest ordinary minister of — , dea
con with bishop's or pastor's per
mission for grave reasons 688; be
fore and after private Mass 689 ; de
votional — of the sick not reserved
to pastor 692; Holy Viaticum is
parochial right 693; in case of
398
THE NEW CANON LAW
necessity priest can give to the sick
hosts consecrated by a Rite differ
ent from his 694; admittance of
adults 696; of children 697; who is
not to be admitted 698; confession
necessary, if in mortal sin and
there is a possibility 699 ; only once
a day may — be received 700;
eucharistic fast and dispensation
for certain cases of illness 701 ;
Easter — obligatory 702; frequent
— urged 706; obligation to receive
in danger of death 707; — may be
received in any Rite even for Easter
duty 709; during Mass priest must
not go out of sight of altar to give
— 711; may be given wherever
Holy Mass is allowed to be said
712; may be given every day except
Good Friday, and on Holy Saturday
only during the Mass or immedi
ately after it 710.
COMPETENCY, controversy relative to
the competency of the S. Congrega
tions and offices of the Roman Cu
ria, how to be decided 165.
COMPROMISE by arbitration 1355.
CONCORDATS between the Holy See
and nations remain in force 3.
CONCUBINAGE, manner of procedure
against clerics living in — 1460-
1465-
CONDITION under which rescripts are
valid 39; marriage impediment of
— attached to the consent 935.
CONFERENCES, diocesan, must be at
tended by all pastors and assistants
both secular and religious 107 ; con
ference of bishops of a Province to
be held every five years 198.
CONFESSION, duty of the clergy to go
frequently to — 101 ; — required as
a condition for indulgences 774;
Confession of religious: (i) in
clerical Orders and congregations:
confessors to be appointed for each
house, superior not to hear confes
sions of his subjects 363; subjects
jilso of exempt Orders may law
fully confess to any approved priest
of the diocese for the sake of peace
of conscience 364; (2) in houses of
sisters: a confessor to be ap
pointed; a special confessor not to
be refused when asked for by a
sister 365 ; an extraordinary con
fessor for each house, other priests
to be given faculties to hear the
sisters so that they can be called
when a sister wants a special con
fessor 366; in any church, public
or semi-public oratory the sisters
may confess to any priest approved
in the diocese 367; at the time of
serious illness any approved priest
may be called by the sister 368;
otherwise special approval is neces
sary to validly hear confession in
a Convent 719; regulations regard
ing the appointment of ordinary and
extraordinary confessor 369-372 ;
(3) in laical religious organizations
of men: an ordinary and extraor
dinary to be appointed 373; if the
Order is exempt, the superior de
signates the confessor 374. Mani
festation of conscience not to be
demanded by superior 375 ; religious
shall confess once a week 440, 3.
Persons not ordained priests pre
suming to hear confessions are ex
communicated 1600, 3 ; priests who
hear without jurisdiction are ipso
facto suspended a divinis, 1607, a.
CONFIRMATION, how to be given 623;
holy chrism must be blessed by a
bishop; anointing not to be done
with instrument 624; bishop in his
diocese may also confirm non-sub
jects 626; obligation of bishop to
administer — 628; conditions for
valid and licit — 629; obligation to
receive — 630; age 631; sponsor
to be employed, should not present
more than two candidates 636 &
637; conditions for valid sponsor
ship 638; conditions for licit spon
sorship 639; spiritual relationship
INDEX OF SUBJECTS
399
and duties 640; record and proof
of — 641-643. Priest who attempts
to give — without papal indult is
to be suspended 1613, 8.
CONFRATERNITIES, definition of — 552 ;
must be erected by formal decree
553; only one of the same kind in
one place, though bishops may al
low several in large cities; certain
confraternities to be established in
every parish 556; — forbidden to
be erected in churches and chapels
of religious women 557 ; special per
mission of bishop needed for wear
ing habit of — in sacred functions
558; bishop has right to confirm or
annul the election of officers by the
— 560; administration of their
goods 562.
CONGREGATIONS, Roman, 166-177.
CONGREGATIONS, religious, of papal
law, definition of — 333, 31 right
of visitation by the bishop of cler
ical and laical — 357, 2 & 3 5 Procu
rator General in Rome 362 ; how far
they are subject to the bishop in
financial affairs 380; how far they
are exempt from the jurisdiction of
the bishop 463 ; need permission of
the Holy See to go in quest of alms.
467.
CONSANGUINITY, how degrees are fig
ured 73 ; impediment of — for mar
riage 919.
CONSCIENCE, questions of — decided
by S. Penitentiary 178; marriage
of — 947-950.
CONSECRATIONS can be performed by
bishop or by priest with papal in
dult 990; are invalid unless given in
the prescribed form 991; —of a
bishop without the permission of
the Holy See punished with sus
pension 1605, a.
CONSENT, rules for actions in which
the — of others is required 82.
CONSENT, matrimonial, marriage ef
fected by — 924; what knowledge
is necessary for valid — 925 J im"
pediment of error 926-928 ; if essen
tial qualities of marriage are posi
tively excluded — is invalid 929;
impediment of fear or force 930 ;
consent to be. given in words if par
ties are able to speak 931; — by
proxy 932; condition attached to
— 935; — supposed to persevere
even if marriage is invalid by some
impediment 936.
CONSTITUTIONS, changes in the — of
diocesan religious congregations
340.
CONSULTORS, diocesan, to be appointed
in dioceses where there is no cathe
dral chapter 268 ; nomination by the
bishop 269; 271, their number 270;
duration of office 271 ; take the place
of the cathedral Chapter and have
the same rights in government of
the diocese as the Chapter 272; re
moval of consultors 273.
CONSULTORS, parochial, their appoint
ment and number 262; new ap
pointments 263; duration of office
264; removal from office 265; du
ties 266; in the same case one per
son cannot act as both examiner
and parochial consultor 267.
CONTRACTS, how far error in — affects
the transaction 81 ; civil law on —
to be followed in ecclesiastical mat
ters 1323; conditions prescribed for
— concerning immovable goods
1324; what superior can give per
mission 1326 & 1327; donations by
rector from church goods, how far
allowed 1329; sale of church goods,
how to be conducted 1333 & J3345
leasing of church property 1335 &
1336 ; loan from church goods 1337.
CORNER Stone, blessing of, reserved to
local Ordinary for non-exempt
churches, to religious superior for
exempt churches 1006.
COUNCIL, General, cannot be held ex
cept by authority of Roman Pontiff
153 ; persons to be called to — 154 &
155; Provincial and National sub-
400
THE NEW CANON LAW,
. ject to approval by S. Congregation
of the Council 170; Holy See ap
points a Legate to Plenary — 192;
persons to be called to Plenary —
193; Provincial — to be held
every twenty years 194; archbishop
convokes Provincial — 195; per
sons to be called to Provincial —
196.
COURT, ecclesiastical, matters subject
to trial by — 1347 ; persons forcing
into the civil — a Cardinal, papal
Legate, their own Ordinary, incur
excommunication spcciali modo re
served to the Holy See 1600, 7;
bishops, abbots, supreme superiors
of religious orders, excommunica
tion reserved simpliciter 1601, 5 ;
clerics who without permission sue
a cleric or religious in civil — are
ipso facto suspended from office
1606, a.
CRIME, impediment of marriage 918.
Curia, diocesan, persons constituting
— 244; persons to be nominated in
writing, must take oath 245 & 246.
CUSTOMS, immemorial, remain unless
explicitly rejected by the Code;
ordinary — contrary to laws of the
Code are abolished 5; — to become
law need consent of legislator 25;
who can introduce — 26 ; conditions
for — contra jus 27 ; praeter jus 28 ;
abrogation of — 30.
DANGER, laws passed to safeguard
against common — of sin oblige
also those for whom by exception
there is no danger 21 ; in — of
death any priest may absolve from
all sin and censures 725.
Dataria Apostolica, rights and duties
of this office 181.
DAY, means in law a period of twen
ty-four consecutive hours 32.
DEAN, appointed by bishop 290; re
movable at will of bishop 291 ; hii
duty of inspection, in illness or
death of pastor 292; in reference
to Conferences 293; report to the
bishop 294 ; seal of the deanery 295.
DEANERIES, diocese to be divided into
— districts by bishop 148.
DEBTS, clergy must not delay to pay
their — 99; religious forbidden to
contract — over six thousand dol
lars without permission of the Holy
See 379; who is liable for — con
tracted by religious 381.
Decimae 1296.
Defensor vinculi, his rights in mar
riage cases 1393-1395, 1410; duty to
appeal 1412.
DEGRADATION, by penalty of — cleric
is reduced to the lay state 142 ; how
the penalty is to be inflicted 1589;
crimes for which — is to be in
flicted 1614.
DEGREES of consanguinity how to be
figured 73 ; of affinity 74 ; academi
cal — in ecclesiastical institutions
of learning subject to S. Congrega
tion of Seminary and University
studies 176.
DELEGATE Apostolic, his rights and
duties 187 ; expiration of office 188 ;
privileges 189.
DELEGATE in the execution of rescripts
of dispensations and other favors
46, — who acts beyond his commis
sion acts invalidly 134; what — has
power when several are appointed
for the same affair 136 & 137.
DELEGATED jurisdiction, when and how
ordinary jurisdiction can be dele
gated 130; — in solidum and col-
legialiter 136; how it ceases 138,
power of orders cannot be dele
gated 141.
DEPARTURE from religious life per
mitted at expiration of temporary
vows 482.
DEPOSITION of a cleric 1587 & 1588;
crimes for which it is to be inflicted
1618.
DEPUTY, clerics not allowed to seek
office of — without permission of
bishop 115.
INDEX OF SUBJECTS
401
DESECRATION of a church by certain
crimes 1015.
DIMISSORIAL Letters of secular clergy
801-806; of religious 807-810;
clerics ordained without — are ipsj
facto suspended 1607, b.
DIOCESAN Religious Congregations,
what are — 333, 3 ; conditions under
which bishop can erect — 337; can
not be suppressed except by the
Holy See 338; bishop can demand
financial statement 380.
DIOCESE, erection of — reserved to the
Holy See 146, 168; division of —
into parishes 147.
DISMISSAL of novices 416; crimes by
which a religious is dismissed ipso
facto 491 ; of religious in temporary
vows in any Order or congregation
492 ; by — temporary vows are dis
solved 493; — of religious in per
petual vows in non-exempt clerical
and all laical orders 494-498; —of
religious in perpetual or in solemn
vows in exempt Orders and congre
gations 499-513; status of dismissed
religious who had perpetual vows
514-517.
DISPARITY of cult subject to Holy Of
fice 167; impediment of marriage
913; dispensation not valid unless
the promises are made and there is
grave reason to dispense 904, 914;
Pauline privilege cannot be made
use of in marriages with dispensa
tion from — 963; no formal trial
needed to declare marriage invalid
on account of — 1416.
DISPENSATION, who may receive— 36;
rescripts of — in marriage impedi
ments 39, 885, 897 ; if asked of one
Roman Congregation and refused,
it cannot be asked of another or of
the bishop 40; — refused by the
Vicar General cannot validly be
granted by the bishop unless the
petitioner mentions refusal of Vicar
41 ; rules concerning — of marriage
impediments 886-900; who can
grant — from the common law
67 & 58; from particular laws 59;
how — should be given 61 ; inter
pretation of — 62; cessation of —
63; —of the Holy See dissolves
matrimonium ratum non consum-
matum of Christians 962 ; -—of vows
1155 & 1156.
DIVINE Office, clerics in major orders
are obliged sub gram to say — in ;
must be said in choir by all relig
ious having the obligation of the
choir ; solemn professed also bound
to private recitation 455.
DOCUMENTS, stealing, destroying, etc.
of — of episcopal archives punished
with excommunication reserved to
the Holy See simpliciter 1601, u.
DOMICILE, persons who have — or
quasi-domicile in a diocese are held
to the particular laws 13; — of
parents determines birth-place of
children 67; how a — is acquired
69; — of wife and minors 70; by
— person obtains proper Ordinary
and pastor 71 ; loss of — 72.
DONATIONS, by religious to be made
only by way of alms 382; by pre
lates and rectors from church goods
1329; — to rectors of churches
generally presumed to be for the
church 1330.
DOUBT, in positive and probable —
the Church supplies jurisdiction
140.
DOWRY to be furnished by candidates
in sisterhoods before novitiate 392;
it is acquired by the religious com
munity at the death of the sister
393 ; investment of — and account
to be given to bishop 394 & 395;
— to be returned to a sister who
leaves religious life 396.
DUEL, excommunication reserved to
Holy See simpliciter 1601, 8.
EASTER Communion obligatory for all
who have reached the years of dis
cretion 702; for children obligation
402
THE NEW CANON LAW
rests chiefly with parents 703; may
be received in any Rite and church
though preferable in one's own 709.
Economus takes care of the temporal
affairs of the diocese 287 & 288; in
religious communities the local su
perior may in case of necessity hold
the office of — but the Provincial
and General superior may not 361.
ENCLOSURE, papal, of obligation in all
houses of solemnly professed relig
ious, Provincial and General have
the right to fix the limits, in houses
of nuns with solemn vows the
bishop has right to indicate limits
442; who may or may not be ad
mitted inside — 443; special rules
for — of nuns 445-448; — in
houses of sisters with simple vows
449 ; permission of the Holy See re
quired for absence of religious over
six months except for cases of
study 451 ; violation of — punished
with excommunication 1601, 6; ex
ceptions for highest ruler of coun
try, for workmen, doctors, etc. 443
& 445-
ENGAGEMENT of marriage, conditions
for its validity 860.
EQUITY demands that a religious
woman if poor be supported for
some time after leaving the relig
ious community, bishop to decide
in case of disagreement 488.
ERROR in rescripts of dispensations
and favors 42; — in actions of
legal bodies 81 ; in common —
Church supplies jurisdiction 140;
under what conditions — invali
dates marriage consent 926-928.
EUCHARISTIC fast for priest, subject
to Holy Office 167; to be observed
from midnight 651 ; priests to be
suspended if they celebrate without
keeping the — 1613, 3.
EUCHARIST, Blessed, definition of —
— 644; Holy Mass 645-687, see
Mass; Eucharist as Sacrament 688-
712, see Communion. In what
churches — - may be kept 1108-1110,
how it is to be kept 1111-1116; pri
vate exposition 1117.
EXAMINATION, newly ordained priests
must pass annual — for three years
106; — by bishop of candidates for
novitiate and profession in sister
hoods 397; — before bishop of all
candidates for orders 839-840; for
approval for confessions 717.
EXAMINERS, synodal, appointment and
number 262 ; new appointments 263 ;
duration of office 264; removal
from office 265 ; duties 266 ; may be
also parochial consultors not, how
ever, in the same case 267; their
part in the removal of pastors 1428.
EXCARDINATION, letter of perpetual
and unconditional — required be
fore incardination in another dio
cese 89; Vicar General cannot is
sue letters of — without special
mandate 90 ; — effected by perpet
ual vows 92, 430; — takes effect
only at the moment of incardination
in another diocese 93.
EXCOMMUNICATION, when persons
under — may or may not receive
dispensations and favors 36; defini
tion of — 1541 ; vitandus and tolera-
tus 1542; what is forbidden to per
sons under — 1543-1547, 1549 ; con
cerning the exercise of jurisdiction
of excommunicated priests 1548;
e.tcommunicatus vitandus 1550 &
J55*; — reserved to the Holy See
specialissimo modo 1599; special!
modo 1600; simpliciter 1601 ; re
served to the Ordinary 1602 ; not re
served 1603 ; persons aiding or abet
ting an excommunicaius vitandus
fall into — reserved to the Holy
See simpliciter 1601, 4 ; — ferendae
sententiae 1611.
EXECUTOR in rescripts 43 & 46.
EXEMPTION, bishop may exempt re
ligious houses and pious institutions
from jurisdiction of pastor 309; re
ligious organizations having the
INDEX OF SUBJECTS
403
privilege of — 345; extent of the
bishop's right of visitation of ex
empt religious 357; Orders of men
and women with solemn vows are
exempt 460 ; the religious must obey
the bishop's law concerning Mass
stipends 674.
EXPOSITION of Blessed Sacrament,
public and private when allowed
1117; Forty Hours 1118.
FACULTIES granted to bishop belong
also to Vicar General, how they are
to be interpreted 50; how they are
conceded and how they are to be
used 132 ; — for the internal forum
do not cease if one did not advert
to expiration of — 138; — of Car
dinals 161; —of bishops 230.
FAST and abstinence days for the Uni
versal Church appointed exclusively
by the Holy See 1087; power of
bishop, pastor, religious superior to
dispense 1088; law of fast 1094;
fast and abstinence days, and fast
only 1095 ; who is bound to law of
— 1097.
FAVORS, who may receive — 36; if
asked of one Roman Congregation
and refused they cannot be asked
of another or of the bishop 40; if
refused by the Vicar General they
cannot be asked of the bishop with
out making known refusal of the
Vicar 41 ; how the power to bestow
— is to be used 132.
FEAR, actions of legal bodies done by
grave unjust — may be annulled 80 ;
clerics who receive major orders
through — are free from the obli
gations of sacred orders 108, 145;
marriage contracted through — is
invalid 930.
FEES, besides the customary stole-
no charges can be made for the
administration of the Sacraments
579; see Tax.
Fetus, baptism of the — in difficult
child-birth 589-591.
FORCE, how it affects actions of legal
bodies 80 ; those who — another to
enter religious life or the clerical
state are ipso facto excommunicated
1603, 4.
FORM of marriage contract, before
proper pastor or Ordinary and two
witnesses 937; conditions for valid
assistance of pastor and Ordinary
938; delegation to assist 939; con
ditions for licit assistance 940 ; mar
riage without bishop or priest 941 ;
persons bound to Catholic — of
marriage 942.
FORTY Hours devotion 1118.
Forum, clerics enjoy the privilege of
the ecclesiastical — 97 & 99; juris
diction of the internal and external
— 133; jurisdiction of the internal
— does not cease in case of inad
vertence to expiration of faculties
138; S. Penitentiary grants faculties
for internal — 178.
FOUNDATION, pious, definition of —
1338; permission of Ordinary re
quired to accept — 1340; to be
made in writing 1342; in churches
of exempt religious major superior
has charge of — 1344 ; reduction of
obligations 1345.
FUGITIVE from religious life, defini
tion of — 489; if cleric in major
orders he is ipso facto suspended
1606, b.
FUNERAL services reserved to pastor
307, 5 ; if possible the body is to be
brought to church 1058; which
church is entitled to the — 1059 &
1060; when a person dies outside
his parish 1061 ; —of Cardinals
and bishops 1062; — of religious
1064; right of Catholics to choose
any church for — 1066; exceptions
for children and professed reli
gious 1067; further particulars for
choice of church for — 1068-1072;
obligation of priest to accompany
body to cemetery 1074; clergy not
to carry body of lay people of
404
THE NEW CANON LAW.
any rank 1076; funeral charges
to be regulated by the bishop
1077; the poor to be buried free
of charge 1078; part of — fees
due to proper pastor if deceased
wished to be buried from another
church 1079 & 1080; record of
the deceased 1081 ; persons to whom
ecclesiastical — is to be denied
1082-1084; excommunication against
those who force burial from church
of persons not entitled to ecclesi
astical burial 1603, 2; those who
of their own accord give ecclesias
tical burial to persons not so en
titled incur ipso facto interdict ab
ingressu ecclesiae 1604, 4-
GAMES of chance forbidden to the
clergy 114.
GARB, clerics are obliged to wear
clerical attire 112; penalties fertn-
dae sententiae for breaking this law
1613, 12.
GOODS, temporal, of religious Orders
and congregations, right to acquire
and possess — 376; power of admin
istration of the superior 377 ; condi
tions under which sisterhoods may
make investments 378; for contract
ing of debts over six thousand dol
lars beneplacitum of the Holy See
is required 379; annual account of
finances to be given to bishop by
sisters in solemn vows, by diocesan
congregations and also by other
religious if they handle parish
and charity funds 380; liability for
debts 381 ; donations by religious
382; renunciation of — by novices
invalid 413 ; when and how renun
ciation is to be made 425 & 426;
obligation of solemnly and simply
professed 427 & 428; common
treasury 439 ; concerning — of a re
ligious in case of transition to an
other Order 480. Temporal goods
of the Church, right of the Church
to acquire and possess 1289; right
to demand support from the people
1290; ownership 1293; private indi
viduals collecting for church pur
poses need authorization 1297; ca-
thedraticum, by whom to be paid
1298; seminary tax, by whom to be
paid 1299; bequests in favor of the
Church 1307-1309; administration
1312-1322; alienation 1324-1329;
mortgage 1332; persons who un
justly retain — are tpso facto ex
communicated 1601, 7.
HABIT, religious obliged to wear the
— 441.
HERESY, definition of — 1168; excom
munication of heretics 1600, i ; sus
picion of — for certain offences
1616, other penalties inflicted for
heresy 1618, i.
HOLIDAYS of obligation for Universal
Church appointed by Holy See ex
clusively; bishops per modum actus
1087 ; power of bishop and pastor to
dispense 1088; number of - - in
Universal Church except where spe
cial arrangement has been made by
Holy See 1090; obligation of hear
ing Mass and rest from servile
work 1091 & 1092.
HOLY SEE, what is meant by the term
7; powers reserved to — in the
erection of dioceses 146; in the es
tablishment of diocesan religious
congregations 337; in the erection
of Provinces of religious 339; ex
communication reserved speciali
modo for impeding the exercise of
— or its Legate and for usurpation
of the goods and rights of the —
1600, 5 & 9.
HONESTY, public, diriment impediment
of marriage 921.
HOSPITAL, see Institutions.
HOSTS, abuse of consecrated — pun
ished with excommunication re
served to Holy See specialissimo
modo 1599, i.
HOUSE, various kinds of religious
houses 333, 5; permission of diocc-
INDEX OF SUBJECTS
405
san and other congregations to es
tablish — - given by bishop 340;
exempt religious need both bishop's
permission and that of the Holy
See 342; opening of schools and
charitable institutions subject to
bishop 342; suppression of a re
ligious — 343.
HUNTING on a large scale forbidden
to the clergy 114.
IGNORANCE of invalidating or inhabili-
tating laws does not excuse from
invalidity of the actions 16; how
far — affects the responsibility for
offences 1486; how far it excuses
from the penalties of law 1513.
ILLEGITIMATES, when are children con
sidered — 957-96o; —cannot be
promoted to Cardinalate, Episcopate
212; same rule applies to abbots and
prelates nullius; cannot be major
superiors in religious Orders 349.
ILLNESS no reason for dismissal of re
ligious 492; person ill for a month
may receive Holy Communion twice
a week without fasting 701.
IMPEDIMENTS of marriage, some —
subject to Holy Office 167; to the S.
Congregation of the Sacraments
169; —of major and minor degree
885; public and occult 880; faculty
of dispensation of bishop and priest
in danger of death 886 & 887 ; fa
culty of bishop and priest in per
plexing cases 888 & 889; rules for
interpretation of dispensations 890-
900; legitimation of offspring 894;
impedient — 901 & 902 ; mixed mar
riages are strictly forbidden 903;
conditions under which mixed mar
riages are permitted 9°4-907J diri
ment — 910-935; form of contract
937-946; Pauline privilege o6>97(X
IMPOTENCE, impediment of marriage
911 ; manner of proving invalidity of
marriage for reason of — 1402-1408.
INCARMNATION takes place at tht re
ception of First Tonsure 88; —
from another diocese must be done
in writing to be valid 89; Vicar
General cannot grant — without
special mandate 90 ; implied — 91 ;
conditions of — 94; — of secular
ized religious 486.
Incola, a person who lives in the place
of domicile 68.
I NDIS SOLUBILITY of consummated
marriage of Christians 961 ; non-
consummated marriage is dissolved
by solemn religious profession and
by dispensation of the Holy See
962.
INDULGENCES, questions of — subject
to the Sacred Penitentiary 178;
Concession: Supreme Pontiff and
those whom he gives the power can
grant — 755 ; faculty to give papal
blessing 757 & 758; privileged altar
759-76i ; new — not to be published
without permission of bishop 762;
— granted by Roman Pontiff to be
submitted to S. Penitentiary 763;
translation of feast to which — is at
tached 765 ; time for granting — 766 ;
— attached to places or to sacred ob
jects 767. Manner of gaining indul
gences: conditions 768; if Plenary
is not gained, partial — may be
gained 769; Plenary can be gained
only once a day 77 l ; religious may
gain — in their own church or ora
tory 772 ;— cannot be applied for the
living by another 773; when Con
fession and Communion is to be
made for gaining — 7745 g°°d
works prescribed must not be obli
gatory for other reasons, by indul-
genced prayers said for sacramental
penance — can be gained 775; by
one and the same good work several
— cannot be gained 776; prayer for
the intention of the Holy Father
777; confessor may commute good
works 778; how mutes are to say
the prayers 779 5 hooks and leaflets
on — need imprimatur of Ordinary
406
THE NEW CANON LAW
1231 ; profiteers from — are ipso
facto excommunicated 1601, i.
INDULTS granted by the Holy See re
main in force unless explicitly re
called in the Code 4.
INFAMY of law, penalty of — 1577-
1579; when incurred ipso facto 1608.
INFIDELS, infants of — may be bap
tized under certain conditions 593.
INSANE, baptism of persons whose
mind is affected 597 ; irregularity in
ordination 827, 3.
INSTITUTIONS of charity subject to S.
Congregation of the Council 170;
are established by authority of local
Ordinary 1283 ; — attached to a re
ligious house 1285; even exempt
charitable — must make financial
statement to bishop 1286.
INTERDICT, definition 1552; what au
thority can issue — 1553; what is
forbidden by a local — 1554; what
services are allowed under a local
general — 1555 ; under a local par
ticular — 1556; — on a community
1558; what is forbidden to those
under personal — 15591 what the
— ab ingressu ecclesiae imports
1561 ; incurred ipso facto 1604.
INTERPRETATION of Canon Law, au
thoritative 17; private — how to be
made 18 & 20 ; laws enacting penal
ties interpreted in restrictive sense
19; of the power of jurisdiction
131.
INTERPRETER, making one's confession
by — is optional, he is bound to the
seal of confession 746; Marriage
may be contracted through — 933.
INTERRUPTION of Novitiate 401.
INTERVALS between reception of vari
ous orders, 821.
INVALIDATING or inhabilitating laws
are those onhy which explicitly state
to have this effect n.
IRREGULARITIES barring from Ordina
tions, ex defectu 827; ex delict o
828; ignorance of — does not ex
cuse 831 ; multiple — 832; faculty of
dispensation of bishop and confes
sor 833; petition and interpretation
of dispensation from — 834.
IRREMOVABLE pastors and parishes 299 ;
formalities in depriving — pastor of
parish 1431-1440.
JURISDICTION, Church has — both for
the external government of the
faithful and the internal forum
by Divine right 127; ordinary
— 128 & 129; delegated — 130
& 131 ; interpretation of power
of — 131 ; can be exercised in favor
of subjects only 132 ; — in the exter
nal forum 133; judicial power can
not be exercised in one's own favor
or outside one's territory 132; —
delegated either in solidum or col-
legialiter 136; how delegated —
ceases 138; how ordinary — ceases
139 ; — supplied by the Church 140 ;
— of Roman Pontiff extends over
the whole Church 149; major cases
reserved to the — of Roman Pontiff
151; — of General Council 159; —
of the Holy Office 167; civil au
thorities and those who cause them
to hinder — of the Church are ex
communicated 1600, 6.
KEY to the archives of the episcopal
Curia and by whom to be kept 260 ;
— to the Tabernacle to be guarded
by priest 1 1 12.
LAITY has right to receive the spiritual
services of the clergy 527; laymen
not allowed to wear Ecclesiastical
garb except seminarians and those
employed in church service 528.
LATIN Rite, laws of the Code obliga
tory only for Catholics of — I.
LANGUAGE, parishes not to be divided
according to different — of people,
147-
LAW, General principles of Canon —
1-63; liturgical — published prior
to Code to remain in force 2; par
ticular and general — contrary to
INDEX OF SUBJECTS
407
Code abolished 6 & 22; former
— enacting censures and other
penalties not contained in the Code
are abolished 6, 3; promulgation
of — , territorial and personal — 8 ;
— are made for the future and
have no retroacting effect unless
the Code explicitly states this 10;
invalidating and inhabilitating —
are those only which explicitly
state to have this effect n ; general
— binding Catholics everywhere,
particular — those only who have
domicile or quasi-domicile in the
diocese or county, 13; dispensation
from the common — can be
granted by the Holy See only 58.
LAWYER, clerics not allowed to act as
— except in the Ecclesiastical
Court or in defense of their own
church 115.
LEGAL or moral persons, how consti
tuted 76 & 77; how they must act
in elections, etc. 78; — are per
petual; how extinguished 79; Pro~
hibitions from legal actions in
curred by certain offenses 1540 &
1617.
LEGATES of the Holy See, right of
Supreme Pontiff to send -- with
power of jurisdiction 185; — a
latere 186; duties of — 187; privi
leges 189 ; titular — have no special
rights 190.
LEGITIMATE children, who are con
sidered as such 957-96°.
LETTERS, written by Religious, when
exempted from inspection of the
superiors 456; falsifying of papal
— punished with excommunication
1600, 10.
Ligaminis impediment urn 912, mar
riage made invalid by this impedi
ment needs no canonical trial 1416.
LINE of consanguinity and affinity
how figured 73 & 74-
LITANIES, bishop cannot approve new
— for public use 1102.
LITURGY, laws of — not changed by
the Code except in points specially
mentioned 2; questions of — sub
ject to S. Congregation of Rites
173; Clerics in major orders who
in grave matters break the laws of
— are to be suspended 1613, n.
LOAN from Church goods, no interest
can be charged, if it is purely a
loan 1337.
Loss of domicile or quasi-domicile
72; loss of good reputation in
curred ipso facto by certain crimes
1608.
MAJOR age, age of twenty-one years
completed 65 & 66.
MANDATE by which delegated juris
diction is given determines extent
of power 134.
MANIFESTATION of conscience forbid-
bidden to be exacted by religious
superiors 375.
MARRIAGE, dispensations in impedi
ments of — when valid 39; clerics
in major orders cannot validly con
tract — 108; impediment of dis
parity of cult; mixed religion and
Pauline privilege subject to Holy
Office 167; other impediments sub
ject to the Sacred Congregation
of the Sacraments 169; to assist at
— right of pastor 307, 45 Sacra
ment of marriage, contract of bap
tized person 855; essential quali
ties 856 ; definition of matrimoniiim
ratum, consiiwmatum, legitiwum,
putativum 858; —contract valid by
the law of God and Canon Law
859; conditions for validity of —
engagement 860; requisites before
— ; status liber 862 & 863; baptis
mal certificate 864; banns 866-873;
course of action in doubtful impedi
ment 874; instruction of young
couple 876; children forbidden to
marry against reasonable objec
tion of parents 877. Impediments
in general, 878-884; major and
minor impediments 885; faculties
408
THE NEW CANON LAW
of dispensation of bishop and priest
886 & 887; in perplexing cases 888;
rules for interpretation of dispen
sations of impediments 889-899;
restriction of faculties of bishops
in recent decree 900. Impedient
impediments 901-909; diriment im
pediments 910-923 ; matrimonial
consent 924-936; form of contract
937-946 ; marriage of conscience 947-
950; time and place 951 & 952;
consequences of — 953-960 ; separa
tion, dissolution, privilegium Pou-
linum 961-975; simple validation
976-980; sanatio in radice 981-984;
record of marriage 985 & 986;
Clerics in major orders and relig
ious in solemn vows attempting —
excommunicated 1601, 9; — before
a Protestant minister punished with
excommunication 1602, I.
MASONS, excommunicated, 1601, 3.
MASS, application for the people by
the bishop 220; by the pastor 311.
The Celebrant: Priests only can
offer the Holy Sacrifice 645; con-
celebration allowed only in ordina
tion of priests and consecration of
bishops 646; when priest wishes to
say Mass in a church where he is
unknown he must exhibit Celebret
647; obligation of every priest to
say — several times a year 648;
bination 649; confession of mortal
sin before saying — 650; eucharis-
tic fast 651 ; for whom — may be
applied 652; preparation and
thanksgiving 653 ; cap or ring at —
permitted only by indult and to
certain dignitaries 654; when assis
tant priest is allowed 655 ; — should
not be said without a server 656.
Rites and ceremonies : Pure wheat
bread, and wine mixed with water
657 & 658; priest must follow his
own Rite wherever he celebrates,
659; one species only never to be
used 660. Time and place 663-666;
stipends 667-687.
MASTER of Novicci, qualifications and
duties 404-410; master and sub-
master not allowed to hear confes
sions of novices 734.
MATRIMONIAL cases of baptized per
sons subject exclusively to the
Church 1386; merely civil conse
quences of marriage judged by civil
authority 1387; privilegium Pauli-
num and cases of matrimonium
ratum et non consummatum exclu-
iively subject to the Holy See 1388-
1389; constitutions of the diocesan
tribunal for— 1392-1395 ; who has
right to demand trial for nullity of
marriage 1396-1399; witnesses 1400
& 1401 ; bodily inspection in cases
of impotence 1402-1408; appeal ob
ligatory when marriage is declared
invalid 1412-1415; cases excepted
from regular form of canonical trial
1416-1418.
MEDICINE, clergy forbidden to prac
tise — 115.
MEDITATION, duty of clergy to make
daily — 101.
METROPOLITAN, see Archbishop.
MILITARY service forbidden to clerics
117-
MINOR AGE, persons under twenty-one
years of age 65 & 66; domicile of
minors 70.
MISSIONS and its districts in charge
of the S. Congregation of the Pro
pagation of Faith 172; rriission in
parishes to be held at least once
in ten years 1192.
MIXED RELIGION, impediment, subject
to Holy Office 167; no sacred rites
allowed in mixed marriages 945 ;
not to be contracted in a church,
but the bishop may for a very seri
ous reason allow it without Mass
952; conditions under which dis
pensation is granted 904.
MODERNISM, Oath against — and other
regulations on this subject to re
main in force until Holy See shall
decide otherwise 6.
INDEX OF SUBJECTS
409
MONITION in trials of removal of pas
tors 1427.
MONTH, in law is a period of thirty
days, 32.
MORAL PERSONS, see Legal.
MORALS, questions of — , subject to
Holy Office 167.
MORTGAGE, permission required to
place church property under —
1332.
Music in church 1107.
MUTES, how they are to say prayers
to gain indulgences 779-
NAME, in baptism name of a Saint
should be given 604.
NON-CATHOLIC, Catholic parents who
bring up their children in a — sect
are excommunicated 1602, 4; not
subject to Catholic form of mar
riage 942; marriage of Catholic
with — 903-907, 914; may not re
ceive the Sacraments 574; may
receive some sacramentals 092.
NOTARY, the chancellor is in virtue of
his office a — 253; appointment of
other — 254 ; duties of — 255 ; his
part in cases of removal of pastors
1426.
NOVITIATE, year of — , how reckoned,
first day not counted 34, 3 5 condi
tions for valid admission in all Or
ders and congregations 387, i ; for
licit admission 387, II ; "ght to *d"
mit candidates belongs to major
superior 388; certificates and testi
monials required before admission
389-391; dowry of candidates in
sisterhoods 392-39$; h°w the ~" be~
gins 398; house of — appointed by
Holy See 399; conditions for valid
— 400 ; interruption 401 J qualifica
tions of Master of Novices 404; his
duties 405-410; confession of nov
ices 411; novices not to be pro
moted to orders 412; renunciation
of temporal rights 4UJ dismissal
of novices 416; perpetually secular
ized religious need indult of Holy
See to be received again into the
Order and must make their novi
tiate and profession over again 485.
Nuntius, or Internuntius, are legates
of the Holy See to nations standing
in diplomatic relation with the Holy
See 187; expiration of office 188;
privileges 189.
NUPTIAL blessing 944.
OATH, definition 1159; obligation
1160; cessation of obligation 1162;
dispensation, commutation 1 163 ;
persons neglecting to make their
profession of faith demanded for
certain offices lose their salary 1609,
2 ; — against Modernism 6.
OBEDIENCE, clergy owe — to their Or
dinaries 103.
OBLIGATIONS of clerics — 100-120.
(See Clerics.)
OCEAN, hearing confessions on the —
726; the privilege to celebrate every
where does not include permission
to say Mass on the — 665; Car
dinals and Bishops have faculty to
celebrate Mass on the — 161, 8, &
230.
OFFENCES, nature and division of -
1479-1482; responsibility, aggravat
ing and extenuating circumstances,
juridical effects of — 1483-1495-
OFFICE, see Divine Office.
OFFICE or work imposed on a cleric
by the bishop cannot be abandoned
without his permission 104; defini
tion of ecclesiastical — 121 ; mus
be obtained by lawful appointment
I22- -with care of souls can be
given only to priests 123 Unlawful
conferring of -125; -which are
not considered benefices 1255; loss
of - incurred ipso facto 1610.
OILS Holy must not be older than
one year; non-consecrated - may
be added to consecrated — 577 5
pastor must obtain them from his
own bishop, keep them in church.
410
THE NEW CANON LAW
not in his private house, except if
Ordinary permits 578.
ORATORY, definition and various kinds
1031 ; private chapels of Cardinals
and bishops considered semi-public
—in law 1032; semi-public— 1035 &
1036; private chapels 1037-1039; in
what chapels one can fulfil the obli
gation of hearing Mass 1092.
ORDERS, power of — cannot be dele
gated 141 ; Sacrament of — distin
guishes clergy from laity 791 ; major
and minor — 792. Minister: ordi
nary minister is the bishop, others
by privilege 794; consecration of
bishop reserved to Holy See 796;
proper bishop of the candidates 798
& 799; prefects and vicars-apostolic,
abbots and prelates nullius have the
same right as the bishop if they
have episcopal consecration 800;
who can give dimissorial letters
801 ; further regulations about the
dimissorial letters of the secular
clergy 803-806; — of the religious
807-810. Subject of Ordination:
Baptized men who are free from
irregularity 8n; must have stayed
in the seminary at least for the
course of theology 815 ; tonsure and
minor orders must not be given
unless candidate intends to ascend
to priesthood 816; requisites for
licit ordination 817; for major or
ders 818; previous studies required
for the various orders 819; prohibi
tion to confer various orders on the
same day 821 ; canonical title for
secular clergy 822-824 ; for religious
825 ; irregularities ex defects 827 ;
ex delicto 828; simple prohibitions
830; ignorance of irregularity does
not excuse 831 ; multiple irregular
ity 832; faculty of dispensation of
bishop and confessor 833; how to
petition and interpret dispensations
from irregularities 834. Requisites
prior to ordination : testimonial let
ters 836-838; seculars and religious
must pass examinations before the
bishop 839 & 840; publication of
names of seculars in their proper
parish 841; retreat before major
and minor orders 844. Rites and
Ceremonies: Pontificate must be
strictly followed 845; Mass of ordi
nation or consecration of bishop to
be said by ordaining bishop 846;
those promoted to major orders
must receive Holy Communion in
the ordination Mass 848. Time and
Place: ordination days 849; defect
in ordinations can be supplied any
day 850; outside his diocese bishop
needs consent of local Ordinary
851 ; general ordinations should be
given in cathedral 852. Record and
testimonial of ordination : names
and orders conferred are to be kept
in diocesan archives; those or
dained are to receive certificate 853 ;
notice to be sent to pastor of church
where the newly ordained sub-
deacons were baptized 854. Cases
against validity of ordination 1419-
1424 ; suspension falls on those who
receive orders from a bishop who is
under public censure, or from an
apostate, or schismatic 1605, c ;
various suspensions for unlawful
ordination of candidates 1605, d.
ORDINARY, who is meant by the term
129; for the rest see Bishop.
ORIENTAL, Congregation of the Ori
ental Church i & 177.
PARENTS, children of infidels, Protest
ants, or apostate Catholics shall
not be baptized unless there is some
guarantee of Catholic education
593 & 594; children forbidden to
marry against reasonable objection
of — 877-
PARISHES, diocese to be divided into
— 147; cannot be given by bishop
to religious without papal indult
297; not to be left vacant for a
long time 303; division of— 1270;
INDEX OF SUBJECTS
411
recourse tn Holy See against divi
sion of — 1271 ; pension imposed on
a — 1272; pastor's right to live
from the revenue of the — 1277 &
1278.
PASTORS, from what laws they can
dispense 60; who are real — also
in the United States 147; rights of
a religious appointed as — 475 &
476. Definition of the term "pas
tor" 296; — must be a priest 298;
irremovable and removable — 299 ;
— appointed from a religious com
munity 299; appointment of — 300
& 304 ; taking possession of the of
fice 306; parochial rights 307;
bishop may exempt hospitals, etc.,
from jurisdiction of — 309; — ob
liged to keep residence, two months
vacation, if he leaves the parish for
more than one week he needs per
mission of Bishop 310; on what
days — he must apply Mass for the
parishioners 311 ; parochial vicar,
who is meant by the term 316 &
317; assistants to the — 320-322;
— have the right to bless sacred
utensils 1147; trial for removal of
irremovable — 1431-1440; of re
movable — 1441-1445; penalties
against — neglectful in the paro
chial duties 1466-1469; who incites
the people against the bishop is to
be suspended 1613, 5.
PATRIARCH to be called to General
Council 154, 2; has no superior
jurisdiction 191.
PATRONAGE, right of, not to be con
ceded in future 1275.
PAULINE Privilege subject to Holy
Office 167; dissolves marriage of
unbaptized, cannot be applied when
a Catholic marries an unbaptized
person with dispensation 963; in
terpellation 964-966; privilege not
lost if baptized party lived in mar
riage for some time after conver
sion 967 ; marriage solved at the mo
ment of new marriage 969; in
doubtful cases the Pauline privilege
enjoys the favor of the law 970.
PAYMENT, religious who either leave
of their own accord or are dis
missed, or secularized, cannot de
mand — for work done in the re
ligious community 488.
PENALTIES, ecclesiastical, bishop may
punish religious with — in matters
in which they are subject to him
464; definition 1499; species 1500 &
1501 ; application 1502 & 1507 ; in
terpretation 1503; persons subject
to — 1510-1519; how far ignorance
excuses from— 1513; in what man
ner — incurred ipso facto bind
1516; who has power to remit —
1520-1523; prescription of offences
1517 & 1524; censures 1525-1569;
excommunication 1541-1551 ; inter
dict 1552-1561 ; suspension 1562-
1569; punitive penalties (poenae
vindicativae) 1570; appeal from —
1571 ; cessation and dispensation
1573; faculty of confessor in urgent
cases 1574; penalties for both lay
men and clerics 1575; infamy of
law 1577-1579; punitive — special to
the clergy 1582-1589; penal remedies
1590-1595; penances 1596 & 1507.
List of excommunications reserved
to the Holy See specialissimo modo
!599i speciali modo 1600; simpli-
citer 1601 ; reserved to the Ordinary
1602; not reserved 1603. List of
interdicts incurred ipso facto 1604;
suspension ipso facto 1605; infamy
of law ipso facto 1608; loss of
salary 1609; loss of office or bene
fice 1610. Penalties ferendae sen
tential : excommunication 1611; in
terdict 1612; suspension 1613; de
gradation 1614; deposition 1615:
suspicion of heresy 1616; prohibi
tions from legal actions £*•*; vnri-
ous other penalties ferendae sen-
tentiae 1618.
PENANCE, Sacrament, definition 713.
Minister : Must be a priest 714; be-
412
THE NEW CANON LAW
sides valid ordination also jurisdic
tion required 715; those who have
ordinary jurisdiction 716; delegated
jurisdiction 717; in clerical exempt
Orders the superior gives jurisdic
tion for absolving his subjects 718;
special jurisdiction required to va-
lidly hear confession of sisters in
their convents 719; reasons for re
calling faculties 720-723; limitation
of faculties 721 ; he who has ordi
nary jurisdiction may absolve his
subjects everywhere 724; every
priest has faculties to absolve per
sons in danger of death from all
sins and censures 725 ; confession on
the ocean 726; absolution of priest's
accomplice 727; the prayers at
tached to the form of absolution
should not lightly be omitted 728;
if there is no serious reason to deny
or defer absolution it must be
granted 729; penance should be in
proportion to sins and circumstances
of the penitent 730; sacramental
seal 732 & 733; master of novices,
sub-master, superior of college and
seminary not to hear confessions of
their subjects 734; obligation of
pastor to hear confessions 735. Re
servation of sins : Persons having
ordinary power to give faculties to
others can restrict them 736; papal
reservation 737; how Ordinaries
may reserve sins 738 ; reserved cases
in Religious Orders 739; cases al
ready reserved to the Holy See
should not be made episcopal cases
741 ; facukies of pastors for Easter
tide and of missionaries during the
missions to absolve from the
bishop's reserved cases 742 ; circum
stances under which the reserva
tions of the bishop cease 743.
PENITENTIARY, the Sacred, rights and
powers of this tribunal 178.
Peregrin*, who are — , how they ar«
held to the particular laws of a dio
cese or country in which they are
sojourning 14 & 68.
PERSONAL laws are binding in any
place 8.
PERSONS subject to the laws of the
Church 64; how legal — are con
stituted in the Church 76 & 77;
actions of legal — 78.
Pious UNIONS, definition 552, may be
erected with the approval of the
bishop 553.
PLACE of birth 67.
PLACES, sacred, definition 997; con
secration of — reserved to local
Ordinary 998 ; blessing of — cannot
be done without consent of local
Ordinary 1000.
PONTIFF, ROMAN, has supreme power
of jurisdiction over the Universal
Church 149; obtains his power by
Divine right as soon as he accepts
his legitimate election 150; major
cases reserved to judgment of —
151 ; obedience of religious to —
344 ; personal attack on the — pun
ished with excommunication re
served specialissimo modo 1599, 2;
appeal from the laws and orders of
— to a General Council punished
with excommunication reserved spe-
ciali modo 1600, 4. (Cf. Holy See.)
PONTIFICALS, meaning of the term,
bishop can pontificate in every
church in his diocese, outside it he
needs permission of the local Ordi
nary 218; he can confirm his own
subjects in another diocese without
permission if he does not use the
— 626; Cardinals have the permis
sion to use the — everywhere out
side the City of Rome 161, 15.
POSTULATE, six months' — prescribed
for all sisterhoods with perpetual
vows and in Orders and congrega
tions of men for the lay-brothers
384; need not be spent in house of
novitiate 385; retreat of eight days
before entering novitiate 386.
POWER of jurisdiction can be exercised
INDEX OF SUBJECTS
413
only in favor of subjects 132. (See
Jurisdiction.)
PREACHING, office of — 1170 & 1171;
faculty to preach given by local
Ordinary to secular and regular
clergy nSo; the religious superior
of an exempt Order can grant fac
ulty only to preach to the religious
subject to him, not to sisterhoods
or other Orders of men 1181 ; recall
of the faculty 1183; in another dio
cese faculty must be obtained from
bishop on recommendation of proper
Ordinary to the priest who wishes
to preach outside his own diocese,
pastor who invites extern priest for
preaching must apply for faculty
1184; duty of pastor to preach on
Sundays and holidays of obligation
1187.
PRECEDENCE, Cardinals precede all
Patriarchs, Archbishops and Papal
Legates unless these latter are Car*
dinals 161, 21 ; Bishop in his own
diocese precedes all Archbishops
and Bishops except his own Arch
bishop 228; —of Religious 336.
PRECEPTS cannot be urged in ecclesi
astical Court unless given in form
of legal document or before two
witnesses 24 ; — of the Church sub-
ject to the Sacred Congregation of
the Council 170.
PREFECTS, Apostolic 198; have the
same power of jurisdiction as the
bishop, and if they are consecrated
bishops they have the same power
also for ordinations 800.
PRELATES nullius to be called to Gen
eral Council 154, 3 I meaning of the
term 206; their rights and duties
207-209.
PRESCRIPTION 1302; matters not sub
ject to — 1303 & !3°4; time re
quired 1305; good faith 1306; —
against penalties for offences 1517
& 1524.
PRIMARY UNIONS, definition 552 ; they
can affiliate Pious Unions 564 ; what
indulgences are communicated by
affiliation 565; conditions for va
lidity of affiliation 566; Holy See
alone can establish — 568.
PRIMATES to be called to General
Council 154, 2; have no superior
power of jurisdiction 190.
Primitiae 1296.
PRINCIPLES, general, of law, 1-63.
PRIVILEGES, granted by Holy See re
main in force unless explicitly re
called in the Code 4; how — are
acquired 49 ; how to be interpreted
50 & 51 ; revocations of — 53 ; cessa
tion 54-56; —of clerics 95-99; loss
of clerical — by reduction to the
lay state 144; — of Cardinals 161 ;
— of bishops 230 & 900; —of re
ligious 458-470.
PROCEDURE for removal of irremova
ble pastors 1431-1440; of removable
pastors 1441-1445; for transfer of
pastors 1446-1451 ; against clerics
not keeping residence 1452-1459;
against clerics living in concubinage
1460-1465; against neglectful pas
tors 1466-1469.
PROCESSIONS, definition 1133; Corpus
Chris ti — 1134.
PROCURATOR sent to take the place of a
person called to General Council
155; — for the administration of
the goods of religious in each house,
province and at the Curia of the
General 361 ; — general for each
Order and Congregation 362.
PROFESSION of Faith, persons held to
make it 1249.
PROFESSION, Religious, conditions for
validity 417; age for temporary
vows sixteen, for perpetual and
solemn vows twenty-one years 418;
temporary vows must precede per
petual or solemn 419 1 recording of
— 421 ; privileges and obligations of
the religious in temporary vows
423-426; validation of invalid —
431 ; solemn — dissolves the non-
414
THE NEW CANON LAW
consummated marriage of Chris
tians 962.
PROHIBITION of books 1238-1248. (See
Books.)
PROMOTOR of justice, his part in the
canonical trial 1381.
PROMULGATION of law 8; — of the
laws of the Holy See by Ada
Apostolicae Sedis 9; — of. laws of
Bishops 216.
PROPAGANDA, Sacred Congregation of
the — has charge of all missions
and vicariates and prefectures apos
tolic 172.
PROPERTY of churches, questions con
cerning — subject to the S. Congre
gation of the Council 170. (See
Goods.)
PROTECTOR, Cardinal, of a religious
Order 344.
PROTESTANTS, Sacraments cannot be
given to — unless they first re
nounce their errors and are re
ceived into the Church 574; condi
tions under which infants of — may
be baptized in the Catholic Church
594-
PROVINCE, a union of several religious
houses under one head 333, 6.
PROXY, marriage by — 932-934.
PUBERTY, age of 65.
PUBLICATION of names of candidates
for major orders in their own
parish-church 841.
PUBLISHERS of certain books excom
municated 1600, 2.
QUASI-DOMICILE, how acquired 69; by
— a person becomes subject to local
Ordinary and pastor 71.
QUASI-PASTORS held equal to pastors
296; are removable 299; appointed
by local Ordinary 302.
RAPE, impediment of marriage 917.
REASON, use of — necessary to make
a person subject to the law 12.
RECALL, Bishop has right to recall
priests who are not excardinated
and received permission to go out
side the diocese 120.
RECEPTION of Novices 398.
RECONCILIATION of desecrated churches
lOIQ & 1020.
RECORDS, pastors obliged to keep par
ish — 315; — of deceased parish
ioners 1081.
RECOURSE to the Holy See, if difficult,
the Ordinary may dispense from
the common law in particular cases
58; from marriage impediments
900.
RECTORS of churches, who are — 324;
their appointment 325; have no
parochial rights 326; their rights
and duties 327-330; are removable
33i.
REDUCTION of clerics to the lay-state
142-145.
RELATIONSHIP, spiritual, impediment
of marriage 922.
RELICS, questions of — reserved to
Congregation of Sacred Rites 173;
making, selling, distributing bogus
— punished with excommunication
1602, 5; small — may be kept by
private people, large ones not with
out permission of Ordinary 1124 &
1125; — for public veneration in
church 1126; what to do when
document of authentication is lost
1128; —of the Holy Cross 1130 &
1131; selling — forbidden 1132.
RELIGIOUS, S. Congregation of the,
has charge of all religious com
munities of any kind 171 ; — in mis
sionary countries subject to S. Con
gregation of the Propaganda in
reference to their missionary activi
ty 172; — pastors are removable, by
whom they can be changed 299.
Definition of — state 332 ; definition
of various terms 333 ; repeal of par
ticular laws of — by the Code 334 ;
Canons speaking of religious in the
masculine gender apply also to fe
minine and vice versa 335; prece
dence 336; erection of — diocesan
INDEX OF SUBJECTS
415
congregations 337 ; suppression of a
religious organization 338 ; suppres
sion of an individual house 343;
obedience to the Roman Pontiff
344; privileges of exemption 345;
power of the superiors 346-348;
qualifications of the superiors 349;
term of office 350; manner of elec
tion 351 & 352; report to Holy See
on the status of the Order 355;
visitation by the superior 356; ex
tent of right of visitation by the
bishop 357; administration of the
Sacraments to the — 359; titles of
honor 360; board of consultors for
the superiors, procurator for tem
poral affairs 361 ; Procurator Gen
eral for transactions between the
Order and the Holy See 362; con
fessors of the religious in clerical
organizations 363 & 364; of — sis
ters 365-372; in laical Orders and
congregations of men 373 & 374;
manifestation of conscience must
not be urged by superiors 375 ; tem
poral goods and administration 376-
382 ; admission into a — community
383; postulate 384-386; novitiate
387-416; sisterhoods to inform
bishop two months before reception
or profession 397; renunciation of
temporal goods and rights 414, 425-
428; religious profession 417-431;
studies in clerical organizations 432-
436; duties of religious 437-457 J
privileges 458-470; religious cannot
be promoted to bishopric, or other
office or dignity incompatible with
the religious state, without permis
sion of the Holy See 471 ; — raised
to the Cardinalate or episcopate
472 & 473; —appointed pastor of
a parish 475 & 476 ; transition to an
other Order 477-481 ; secularization
483-490; dismissal incurred ipso
facto by certain crimes 491 ; dis
missal of religious in temporary
vows 492 & 493; dismissal of a per
petual professed in non-exempt
clerical and in any lay Order 494-
498; of religious in perpetual or
solemn vows in clerical exempt re
ligious bodies 499-513. Status of
dismissed — who had perpetual
vows 514-517; — in solemn vows
cannot validly contract marriage
916; — get jurisdiction for confes
sions of seculars from bishop 717;
in clerical exempt Orders religious
superior gives jurisdiction for his
subjects 718; bishop cannot deprive
all confessors of a religious com
munity of the faculties 723 ; dimis-
sorial letter for ordination 807-810;
religious must obtain approval of
site for church or public oratory
1005 ; exempt — have right to ceme
tery of their own 1051 ; — may keep
Blessed Sacrament in church or
oratory mo; religious in simple
vows who marry without dispensa
tions are excommunicated 1602, 9;
— in major orders who by their
own fault make invalid profession
are ipso facto suspended 1605, e;
— fugitives incur suspension 1606,
b; superior who sends his subjects
to another bishop for ordination
against the law of the Code is sus
pended for one month from saying
Holy Mass 1607, f.
RENEWAL of Vows 422.
RENUNCIATION of temporal good? by
novices 414; before solemn profes
sion 425-427 ; before perpetual vows
in congregations 428.
REPORTS of bishop on state of the dio
cese to be made to Consistorial
Congregation 168; every five years
221 ; of religious superiors to the
Holy See 355-
REPRIMAND, judicial, when to be given
1373-1379.
RESCRIPTS, when they take effect 37 ;
conditions in a — , how to be under
stood 38; how they are invalidated
by untruthful statement in the peti
tion 39 ; errors in — 42 ; when they
416
THE NEW CANON LAW
have to be shown to the bishop 43 ;
interpretation of — 44 & 45; the
execution of 46; revocation of fa
vors granted by — 47 ; invalidation
of — 48.
RESERVATION of cases, papal cases
737; how Ordinaries should make
— 738; — in religious Orders 739;
bishop may not reserve to himself
cases that are already reserved to
the Holy See 741; faculty to ab
solve from bishop's — 742 ; circum
stances under which all bishop's — •
cease 743; priest pretending to ab
solve from — without faculties is
suspended ipso facto from hearing
confessions 1607, a.
RESIDENCE, clergy forbidden to absent
themselves from the diocese with
out permission 119 & 310; bishop
held to law of residence 219; loss
of salary incurred by violating law
of — 1609, I .
RESIGNATION of office, by Roman Pon
tiff does not need acceptation by
anyone 152; *— of benefice or office
by the clergy 1279.
RESPECT which the clergy must show
the Ordinary 103.
RETREAT to be made by secular priests
at least once in three years 102 ; by
postulants before novitiate 386; be
fore profession 416; to be made
each year by the religious 440, I ;
before minor and major orders 844.
REVOCATION of laws contrary to Code
6, 22 & 23; of customs 30; of fa
vors granted by rescript 47.
RIGHTS, acquired, under what condi
tion they remain in force 4; — of
clerics 95-99; parochial — 307; of
rectors of churches 327-331.
RITE, baptism decides to which — a
person belongs 75 ; matters touch-
ing Oriental — subject to the S.
Congregation of the Oriental
Church 177 ; child must be baptized
in the — of the father if he is a
Catholic, unless special provision is
made for some Rite 599; priest
jnust use altar-bread of- his own —
wherever he celebrates 659; may
celebrate in a church of a different
— if there is none of his own 666.
Holy Communion may be received
in any Catholic — by the people,
the Holy Viaticum must be received
in one's own — 709. Priests of
Oriental — may absolve Catholics
of Latin — and vice versa 748;
cleric who received some orders in
Oriental — and obtains permission
to receive further orders in the
Latin — must receive the orders
which are not given according to
the Oriental — 847; marriage of
persons of different — to be wit
nessed by pastor of husband 940.
ROMAN Pontiff, see Pontiff.
ROMAN Curia consists of the S. Con
gregations, Offices and Tribunals at
Rome 162-165.
SACRAMENTALS, definition 987; Holy
See alone can constitute new — 988;
the minister 989; consecrations can
be performed by bishop or by a
priest with papal indult 990; —
may be administered to non-Cath
olics 992; exorcisms 994-996.
SACRAMENTS, S. Congregation of the,
its rights and powers 169.
SACRAMENTS, administration of several
— reserved to pastor 307 ; it is for
bidden to minister the — to heretics
even if they are in good faith 574;
Baptism, Confirmation and Orders
can be received only once, in doubt
they may be repeated conditionally
575, besides the customary stole fees
no charge can be made for the ad
ministration of the — 579; Baptism
580-622 ; Confirmation 623-643 ;
Holy Eucharist 644-712; Penance
713-753; Extreme Unction 780-790;
Holy Orders 791-854; Marriage
855-986.
SAINTS, veneration of 1119-1120; Pa-
INDEX OF SUBJECTS
417
tron — 1 121 ; new images of — not
to be made without approval of the
Ordinary 1122; sacred images of
great value cannot be given away
or transferred without permission
of the Ordinary 1124.
SALARY, forfeiture of — by neglect to
keep residence and by neglect to
take the oath for certain offices
1609.
SALOON, clergy must not visit — 114.
Sanatio in radice of marriage 981-984.
SCHOOLS, Catholic, children of Cath
olics must be sent to — 1215;
bishop in particular cases to decide
and give permission to attend non-
Catholic — - 1217; right of the
bishop to inspect — 1225.
SCRIPTURE, Holy, original texts and
ancient versions published by non-
Catholics forbidden 1242, I ; also
books concerning — if published
without ecclesiastical imprimatur
1242, 5; permission in favor of
theological students 1243.
SEAL of confession 732 & 733; direct
violation punished with excommuni
cation reserved to the Holy See
specialissimo modo 1599, 4 ; indirect
violation to be punished with penal
ties ferendae sententiae 1613, 10.
SECKECY, officials of the Roman Curia
held to — in the affairs of their
office 163.
SECRETARIATE of Breves to Princes
and of Latin Letters 184.
SECRETARIATE of State, rights and du
ties 183.
SECULARIZATION, indult of a religious
to live outside the religious house
is twofold, temporary and perpetual
483; temporary does not free the
religious from the obligations of
his state 484; perpetual separates
him from his Order and frees him
from the vows ; Apostolic indult re
quired to receive him again, must
make novitiate and profession over
again 485; for diocesan congrega
tions bishop can give secularization
483; reception by the bishop of a
secularized religious 486; positions
and offices forbidden to a secular
ized religious 487; religious who
leave the community or are secu
larized, or dismissed, cannot de
mand payment for work done while
in the community 488.
SEMINARY, studies in a — subject to
S. Congregation of Seminary and
University Studies 176; rector of
— not to hear confessions of the
seminarians 734; right of the
Church to have — 1195; priests to
promote vocations 1196; minor and
major — 1197; —tax by whom to
be paid 1198 and 1199; the board of
administrators 1202; rector and
other officials 1203; confessors
1204; admission into — 1206; philo
sophical and theological studies of
seminarians 1208; rector has paro
chial rights over — 1211.
SENATOR, clergy not allowed to com
pete for office of — 115.
SEPARATION of married people from
bed and board 971-980.
SHOWS, unbecoming or scandalous to
be avoided by the clergy 116.
Signatura Apostolica, highest court of
appeal of the Church 179.
SIMONY, definition of twofold species
570 ; tacit agreement also considered
— 571 ; simoniacal contract con
cerning benefices, offices, dignities
is invalid 572; —in conferring of
offices and benefices punished with
excommunication ipso facto 1601,
10; in ordination and administra
tion of the Sacraments with sus
pension 1605, b.
SISTERS, religious with solemn vows
who have privilege of exemption
are subject to regular superior 345 ;
election of superioress 351 ; term of
office 350; bishop must visit their
418
THE NEW CANON LAW.
houses every five years 357 ; Sacra
ments are administered to sisters
of solemn vows by their confessor,
in other sisterhoods by pastor or
chaplain 359 and 374; what postu
lants are held to the law of en
closure 385; special jurisdiction
needed to validly hear the confes
sions of sisters in their houses 719.
SOCIETIES, persons leading a commun
ity life without religious vows 518-
526. (See also Associations.)
SODALITIES 552, subject to S. Congre
gation of the Council 170.
SOLICITATION, false denunciation of a
priest punished with excommunica
tion ipso facto 1600, ii ; those who
neglect to denounce a priest guilty
of this crime are ipso facto ex
communicated 1603, 5; priest guilty
of — to be suspended 1613, 9.
SPONSORS in Baptism 605-612 ; in Con
firmation 636-640; spiritual rela
tionship as impediment of marriage
arises only from valid sponsorship
at Baptism 922.
STERILITY, no impediment to marriage
911.
STIPENDS for Masses subject to S.
Congregation of the Council 170;
laws concerning — for Masses 667-
687 ; lay persons who are unfaithful
in the handling of — are to be ex
communicated 1611 ; clerics trading
with — or retaining unjustly part
of — are to be suspended 1613, 4.
STOLE FEES, right of the pastor to — ,
the poor shall receive services free
308.
STUDIES, the priests must not neglect
— after ordination 105; rights and
powers of the S. Congregation of
Seminary and University Studies
176; regulations for — in clerical
religious organizations 432-43$; in
seminaries 1207 & 1208.
SUBDEI.EGATION, when it can be given
130.
SUPERIOR, rules for action of — when
the law demands consent or counsel
of other persons 82; — General of
clerical exempt Orders to be called
to General Council 154, 4; major —
of clerical exempt religious to be
invited to Provincial Council 196;
who are major religious — 333, 8;
power of government of religious
— 346-348; qualifications of major
— 3491 term of office of major and
minor — 350; election of — 351.
SUPPLIED jurisdiction, when and how
the Church gives — 140.
SUPPRESSION of religious hjuses of
various Orders and congregations
343 ; — of church societies and con
fraternities 544.
SURGERY, the clergy not allowed to
practice — 115.
SUSPENSION, rules for inflicting — ex
informata conscientia 1470-1478; de
finition of — 1562; various kinds
1563; from benefice 1564; what is
forbidden by — 1567 ; when are for
bidden acts invalid 1568; effects of
— of a community or college 1^69;
list of — incurred ipso facto 1605-
1607; ferendae sententiae 1613.
SUSPICION of heresy for certain of
fences 1616.
SYNOD, diocesan, to be held every ten
years 237 ; convocation 238 ; persons
to be called 239; those called can
not send substitute 240 ; proceedings
at the — 241-243.
TAXES, diocesan, subject to S. Con
gregation of the Council 170; —for
maintenance of Seminary 1198 and
1199; for the caihedraticum 1298;
extraordinary for diocesan needs
1299 and 1300; for dispensations
899 and 1301 ; for funerals 1077.
TEACHING authority of the Church
1165-1167; sin of heresy 1168.
THEATRES, unbecoming shows in thea
tres to be shunned by the clergy 116.
INDEX OF SUBJECTS
419
TERRITORIAL laws, if particular, do not
oblige outside the territory 8.
TERRITORY of dioceses, how to be di
vided into parishes 147; pastor can
assist at marriage only in the — of
his parish 938, 2.
TESTIMONIALS which religious candi
dates must exhibit before reception
into novitiate 389-391 ; of candidates
for ordination 836-838.
THEOLOGIANS invited to General Coun
cil have merely consultive vote 154.
THIRD Orders Secular, definition 547 ;
right to establish — given by papal
indult to some Order 548; bishop's
consent necessary for erection of a
congregation of — , individuals may
be received without bishop's permis
sion 548; religious of any kind
cannot be members of — 549; no
person can be a member of two
different — 550.
TIME, manner of reckoning — 31-35 1
for observance of ecclesiastical fast ;
Divine office, fast and abstinence
any recognized way of figuring —
may be followed 33; tempus utile
and tempus continuum 35; time of
novitiate 400; --in which Holy
Mass must be said for stipends 677 ;
— for gaining of indulgences on
certain days 766 ; — for Confession
and Communion to gain an indul
gence 774-
TITLE of Ordination for seculars 822
and 824; for religious 825; —of
honor in religious Orders 360 ; aca
demic titles or degrees which are
recognized in the Church can be
Holy See 1220; —of a church ion ;
of a Basilica 1023.
TITULAR Bishops may be called to
General Council 154; cannot exer
cise jurisdiction in church of their
title 229; their privileges 230; —
feast of a church ion.
TONSURE, First, by reception of which
a person is installed in the ranks
of the clergy 85; can be given any
day 849; by — a cleric is incardi-
nated into a diocese 88; shall not
be given until after commencing
course of theology 819.
TRANSACTION or settlement of dispute
without canonical trial 1351-1354.
TRANSITION to another religious Or
der cannot be made without per
mission of the Holy See 477 ; vows
in new Order or congregation
479; status of newly professed 480;
9 — of solemn professed to congrega
tion with simple vows 481.
TRIALS, canonical, in criminal cases
1359; accusation and denunciation
1360-1364; inquisition or investiga
tion concerning offences 1365-1372;
reprimand of delinquent 1 373- 1 379;
construction of criminal — 1380-
1385.
UNBAPTIZED persons not subject to
merely ecclesiastical laws 12; mar
riage with — null and void 913 and
914.
UNCTION, Sacrament of Extreme, how
to be administered 780. The Min
ister : must be a priest, reserved to
pastor 781 ; obligation of pastor to
administer — 782. The Recipient :
must have reached the years of
discretion and be in danger of death
through illness or old age, cannot
be repeated in the same illness 783 ;
if in doubt whether a person is fit
subject it may be given conditionally
784; cannot be given to those who
stubbornly persevere in mortal sin,
if in doubt it may be given condi
tionally 785 ; what to do with those
who are unconscious 786 ; obligation
to receive — 787. Rites and Cere
monies: Holy Oil of the sick must
be properly blessed 788; not to be
kept in a private house without per
mission of the bishop 57« and 789;
permission to use short formula
with one anointing in cases of
420
THE NEW CANON LAW
necessity, the other anointings must
be made later if person does not
die immediately 790.
UNIONS, Pious, subject to S. Congre
gation of the Council 170; regula
tions concerning Pious — 552-568.
UNIVERSITY, studies subject to S. Con
gregation of Seminary and Uni
versity Studies 176; erection of
Catholic — reserved to the Holy
See 1219; clerics to be sent to —
1223; religious sent to — or other
seat of learning must board in a
house directed by the clergy 432;
privileges of Doctors of a Catholic
— 1221.
UTENSILS, Sacred, to be kept with due
respect 1139 and 1140; — belonging
to deceased Cardinals 1141; to de
ceased Bishops 1142; to pastors
1143; Cardinals, bishops, rectors of
churches to safeguard the rights of
the Church in reference to — be
longing to the Church 1144 and
1145. Cathedral church must fur
nish bishop with necessary — for
the sacred functions 1146; if a
church is very poor, a small fee may
with the authority of the bishop be
charged to extern priests for use of
the - - 1146; faculty to bless —
1147; when — lose their blessing or
consecration 1148; washing of —
1149-
VACANCY, offices should not be kept
vacant for a long time 124; no
changes must be made during — of
bishopric 281 ; during — of parish
vicar to be appointed by bishop 317.
Vacatio Legis, papal laws begin to
bind three months after their publi
cation in Acta Apostolicae Sedis 9.
VACATION, of Bishops 219; of pastors
3io.
Vagi, who are meant by the term and
how they are held to particular
laws of places 14, birth-place of
children of — 67, pastor not to
assist at marriage of — without
referring case to bishop 875.
VALIDATION of marriage invalid for
reason of a diriment impediment by
dispensation and renewal of con
sent of party conscious of invalidity
976 and 977 ; if impediment is public
consent must be renewed in legal
form 978; (consult 880 on public
and occult impediments), how mar
riage invalid for want of consent
is to be validated 979; if the pre
scribed form was wanting marriage
must be contracted in the legal
form 980; in more urgent cases
bishop may dispense with almost all
impediments, also after marriage
was contracted 888; validation of
marriage by sanatio in radice re
served to the Holy See 981-984.
VALIDITY of the Sacrament of Orders
and of marriages can be brought
before the S. Congregation of the
Sacraments 169.
Viaticum reserved to pastor 307, 3;
obligation in danger of death, may
be received for several days in suc
cession 707; shall not be delayed
too long 708.
VICAR Apostolic, if a consecrated
bishop, has the same rights as the
bishop in reference to ordination
800.
VICAR Capitular cannot give letters of
incardination and excardination ex
cept one year after vacancy of
bishopric 90; his rights and duties
when bishop is exiled 274; trans
ferred, dies, resigns 275 ; his appoint
ment and qualifications 277-279; his
powers 280-286; removal, expira
tion of office 288; accountability to
new bishop 289.
VICAR General, dispensation refused
by — cannot validly be granted by
the bishop unless he is told of the
refusal of the — , vicar cannot val
idly grant favors refused by the
INDEX OF SUBJECTS
421
bishop 41 ; — needs special mandate
of the bishop in the following cases :
to give letters of excardination and
incardination 90; to convoke a syn
od 238; appoint pastors 300; give
consent for erection of societies and
confraternities 531 ; cannot reserve
cases though he can give jurisdic
tion for confessions 736; dispense
with the banns of marriage 947;
consecrate sacred places 998; erect
a new church 1005; authenticate
relics 1126. Bishop freely appoints
— 247 ; qualifications of — 248 ; his
jurisdiction 249 and 250; precedence
in the diocese 251 ; expiration of
jurisdiction 252.
VICAR, parochial, has pastoral rights
296; attends to parochial duties in
the name of the Chapter or religious
community 297; to be appointed
where a religious community has
charge of a parish, nominated by
the superior 316; during the va
cancy of the pastorship 317; — has
full parochial rights during absence
of pastor 319.
VIOLENCE against Cardinals, Papal
Legates, Patriarchs, Bishops pun
ished with excommunication 1600,
8 ; _ against any cleric or religious
punished with excommunication re
served to the Ordinary 1602, 6. (See
Force.)
VISIT ad limina to be made by the
bishop 223.
VISITATION of the diocese when and
how to be made 224-227; —of the
religious houses by their superiors
356 ; by the bishop 357 ; how to be
conducted 358.
VOCATION, pastors and other priests
should promote — to the priesthood
1196.
VOLUNTARY jurisdiction, how it can
be exercised 132 ; not suspended by
recourse of subject to higher supe
rior 135.
VOTING, rules for — in religious com
munities and other legal bodies 78.
Vows, definition 1150; various kinds
1151 ; reserved — 1152; annulling of
— H55; dispensation 1156; commu
tation 115^; — made before entering
religious community are suspended
1158. Conditions for validity of re
ligious — 417 and 418; temporary
— must precede perpetual and so
lemn — in all Orders and congre
gations 419; superior may prolong
period of temporary — not over
three years 419; renewal of — at
the expiration of temporary — may
be anticipated for one month 422;
privileges and duties of religious in
temporary — 423-425 ; at expiration
of temporary — the religious is free
to return to the world 482 ; refusal
of superior to let the religious re
new — 482; dismissal of religious
in temporary — 492 and 493; dis
missal of religious with perpetual
— in non-exempt clerical and in all
laical organizations 494-498; dis
missal of religious with perpetual
or solemn vows in clerical exempt
religious organizations 499-513-
WEEK, a period of seven days 32.
WITNESSES, the clergy must not act as
— in criminal cases in secular courts
jje;; — in marriage cases 1400 and
1401.
WOMB, the fetus may be baptized in
the mother's — only when there is
no hope that the child can be born
alive 589 and 590.
WOMEN, clergy must avoid all suspi
cious dealings with — and observe
the rules of law concerning — liv
ing in the rectory 109.
WORSHIP, Divine, various kinds of
cult 1098; public and private —
1009; Catholics forbidden to take
active part in the — of non-Cath
olics 1101; prayer and religious ex-
422 THE NEW CANON LAW
ercises held in any church or oratory WRITING, appointment to any office
subject to bishop's approval 1102; should be done in — 126.
Divine services governed solely by YEAR, period of three hundred and
the authority of the Church 1103; sixty-five days 32; year of novitiate
how men and women should assist figured in such a way that the first
1105. day does not count 34, 3.
APPENDIX
THE ELECTION TO OFFICES IN RELIGIOUS
COMMUNITIES
The elections in religious Orders and Congregations must,
according to Canon 507, be conducted in accordance with the
rules of the Code laid down in Canons 160-182, observing also
the particular regulations for elections contained in the Con
stitutions of the religious organizations, provided they are not
contrary to the laws of the Code. It will, therefore, be of
value to religious organizations to find here in detail the rules
which the Code prescribes for ecclesiastical elections. (Cf
Canons 504-507, Nos. 349-352.)
The election of the Roman Pontiff is solely governed by
the Constitution of Pope Pius X. "Vacante Sede Apostolica,"
Dec. 25, 1904, given in full in the Appendix to the Latin Code.
In other elections the rules of the following Canons are
to be observed as also any particular laws which may have been
legitimately passed for the election to certain offices. Regarding
such particular laws, however, Canon 6, § 1 of the Code rules
they are abolished in those points in which they are contrary
to the law of the Code. (Canon 160.)
If a college, or body, of men or women has the privilege
to elect a person to a vacant office, the election must not be
delayed for more than three months from the time notice was
received of the vacancy of the office. The term three months
is here called trimestre utile, which means that there must have
been a possibility for the election. If, therefore, for reason
of war or other causes an election cannot take place within that
time, the electors do not lose the right to vote. If without such
good reason the electors let the time go by without coming to
an election, the ecclesiastical superior who has the right to con
firm the election, or to provide in case of invalid election, has
423
424 THE NEW CANON LAW
the right to freely appoint some one for the vacant office.
(Canon 161.)
Saving particular regulations and customs for the con
vocation of the voters, the president of the election shall sum
mon the voters in the usual form to a place and at a time
convenient to the voters. If the particular regulations demand
that the invitation to the election be given to each voter indi
vidually, it is sufficient for the validity of the convocation if
the notification is sent to the domicile, or quasi-domicile, or
actual residence, of the voters.
If more than one-third of the voters was not called, the
election is ipso jure null and void. If those not called are
nevertheless present at the election, the lack of convocation does
not invalidate the election.
If there is question of election to an office which the elected
holds for life, the convocation of the voters before the vacancy
of the office has no legal consequence. (Canon 162.)
If the convocation has been legally made, only those present
on the appointed day have the right to elect, and voting by letter
or by proxy is excluded unless a particular law rules otherwise.
(Canon 163.) If one and the same person has the right to
vote under several titles, he can cast but one vote. (Canon 164.)
No one outside the college of voters can be admitted to cast a
vote, saving lawfully acquired privileges, otherwise the election
is ipso facto null and void. (Canon 165.) If laymen interfere
in any way in the election against the canonical freedom of the
election, the election is ipso facto null and void. (Canon 166.)
The following persons cannot cast a vote:
1. Persons incapable of a human act.
2. Persons under the age of puberty.
3. Persons suffering from censure or infamy of law, if
such censure or infamy has previously been announced by a
declaratory or condemnatory sentence of an ecclesiastical judge.
4. Persons who have publicly joined an heretical or schis-
matical sect, or publicly adhere to such.
5. Persons deprived of active vote either through legal
sentence of a judge, or by the common or particular law.
If any of the aforesaid persons are admitted to the voting,
their vote does not count but the election is valid unless it is
APPENDIX 425
certain that the elected would without the illegal vote not have
the required number of votes, or a person excommunicated by
a declaratory or condemnatory sentence has knowingly been
admitted to the vote. (Canon 167.)
If any of the voters is present in the house in which the
election takes place but cannot take part in the election on ac
count of ill health, his written vote shall be obtained by the
tellers, unless particular laws or legal customs provide other
wise. (Canon 168.)
The casting of the vote is null and void unless it is: (1)
free; wherefore a vote is null and void if the voter was forced,
by grave fear or deceit, either directly or indirectly, to cast his
vote for a certain person, or for several persons separately; (2)
secret, certain, absolute, determined.
The vote must be unconditional, wherefore any conditions
attached to it are to be ignored. (Canon 169.) No one can
cast validly a vote in his own favor. (Canon 170.)
Before the election at least two tellers from among the
voters are to be appointed by secret vote, unless they are ap
pointed by the proper statutes of the organization. The tellers,
and also the president if he also is one of the college of electors,
must take the oath to faithfully discharge their office, and to
keep secret the transactions in the assembly even after the com
pletion of the election.
The tellers shall with proper diligence take care that the
votes arc cast by each of the voters secretly, singly and in the
order of precedence. After all the votes have been cast, they
shall before the president of the election, and in the manner pre
scribed in their own proper constitutions or by legitimate cus
tom, ascertain whether the number of votes corresponds to the
number of voters, they shall open the ballots and make known
how many votes each candidate received.
If the number of votes is larger than the number of voters
the voting is null and void.
The ballots are to be burned immediately after each voting,
or after the session if several votings were held in the same
session.
All proceedings of the election shall be accurately recorded
by the one who acts as secretary, to be subscribed at least by
426 THE NEW CANON LAW
the same secretary, the president and the tellers, and the minutes
shall be carefully preserved in the archives of the college.
(Canon 171.)
Unless the law rules otherwise, the election may be held
also by compromise, if the voters by unanimous and written
consent agree to transfer for that one election the right of
election into the hands of one or several qualified persons of the
college of voters, or also of outsiders, who shall by the power
thus received perform the election in the name of all.
If there is question of a clerical college of voters, the per
sons chosen by compromise must be priests, otherwise the elec
tion is null and void
The persons appointed by compromise must, under pain of
nullity of the election, observe the conditions attached to the
compromise, if they are not against the common law. If no
conditions were attached they must observe the common law
regulating elections; conditions against the law, however, are
considered as though not added.
If the voters by compromise appointed only one person,
this one cannot elect himself; if several were designated, no one
of these can add his vote to that of the others who vote for
him in order to make his election complete, that is, to obtain the
necessary majority of votes. (Canon 172.)
The compromise ceases and the right of election is returned
to the voters: (1) by recall of the college of voters before the
persons appointed by compromise have commenced to make use
of their right; (2) if one of the conditions of the compromise
did not come true or was not adhered to; (3) if the election
was indeed held but invalidly. (Canon 173.)
The person who obtained the majority of votes, as pre
scribed by Canon 101 (Cf. No. 78), is considered elected and
is to be proclaimed as such. (Canon 174.) The election is to
be made known at once to the person elected, and within eight
days at the most from the time he received the information he
must declare whether he accepts the election or not ; otherwise he
loses every right acquired by the election. (Canon 175.)
If the one elected renounces his election, he thereby forfeits
all rights acquired by the election, though he should afterwards
revoke his renunciation. He can, however, be again elected.
The college of voters must proceed with a new election within
APPENDIX 427
one month from the date on which they receive notice of the
renunciation of the person first elected.
By the acceptance of the election the one elected obtains
full rights immediately if he does not need any confirmation;
otherwise he only acquires a jus ad rem.
Before confirmation has been received, the one elected is
not allowed under the pretext of election to assume the office
of administration, either in spiritual or temporal affairs, and
any acts he might in the meantime have executed are null and
void. (Canon 176.)
The person elected must, if he needs confirmation of the
election, ask for it, either himself or through another, from
the competent superior within eight days, otherwise he loses all
rights, unless he can prove that he was prevented by some just
impediment from asking for the confirmation.
The superior who has ascertained that the person elected is
qualified, and that the election has been conducted according to
the rules of law, cannot withold confirmation. The con
firmation must be given in writing. With the confirmation the
one elected obtains full rights to the office, unless the law rules
otherwise. (Canon 177.)
If the election was not completed within the prescribed
length of time, or if the college of voters has as a penalty been
deprived of the right to hold the election, the free appointment
to the office devolves on the superior who would have had the
right to confirm the election, or who succeeds in the right of
making provision for the office in question. (Canon 178.)
ELECTION BY POSTULATION.
If the election of the person whom the voters think most
capable and preferable, is obstructed by some impediment on
part of that person, and if the impediment is of a nature that it
can be, and usually is, dispensed from, the voters can by their
votes request the competent superior to allow this person's elec
tion, unless the law decrees otherwise, even if there is question
of an office for which the elected person does not need con
firmation. In the elections made by Religious, Canon 507 rules
that election by postulation can be admitted only in extraor-
428 THE NEW CANON LAW
clinary cases and only if not forbidden by the constitutions of
the particular religious organization.
The persons appointed by compromise of the voters to
make the election, cannot postulate unless this is explicitly
granted to them in the mandate or compromise. (Canon 179.)
In order that the postulation be valid the majority of votes
must be in favor of it, and if it concurs with the election there
must be at least two-thirds of the votes in favor of postulation.
The vote for postulation must be expressed by the term postulo,
or its equivalent ; the formula eligo vel postulo, or an equivalent
one, stands for election if there be no impediment, otherwise for
postulation. (Canon 180.)
The postulation must be forwarded within eight days to
the superior who has the power to confirm the election if he has
also the power to dispense from the impediment; otherwise to
the Roman Pontiff or to another authority having the needed
faculty.
If the postulation was not sent to the superior within the
prescribed time, it shall be ipso facto null and void, and the
voters lose for this one election the right to elect or postulate,
unless they can prove that they were prevented by a just im
pediment from forwarding the postulation. By the postulation
the person named for the office does not acquire any right, and
the superior may reject the postulation. After the presentation
of the postulation to the superior, the voters cannot recall it
except with the consent of the superior. (Canon 181.)
If the postulation was rejected by the superior, the right
of election is restored to the college of voters, unless the voters
knowingly postulated a person who was affected by an impedi
ment of such nature that the dispensation could not be, or usually
is not granted, in which case the provision for the office belongs
to the superior.
If the postulation is approved, the person thus elected for
the office is to be notified and he must within eight days answer
whether or not he accept the appointment to office. If he ac
cepts, he thereby immediately acquires full right to the office in
the same manner as a person whose election is confirmed.
(Canon 182.)
THE LATEST OFFICIAL DECREES AND DECLARA
TIONS ON VARIOUS POINTS OF THE CODE.
1. Fast and Abstinence on Holidays of Obligation. The
Pontifical Committee for the authentic interpretation of the
Code answers to the bishops of France that the obligation of
fast and abstinence is not removed if some of the holidays of
obligation of the Universal Church which have been abolished
for France should fall on a day of fast or abstinence. Canon
1252 is therefore to be understood only in reference to holidays
which are actually of obligation in a country. (Cf. No. 1095.)
2. Application of Holy Mass on Sundays and Holi
days. The Code in Canons 339 and 466 rules that the
bishops and pastors must apply Holy Mass for the people on
Sundays and holidays, also suppressed holidays. The Holy See
was requested to explain what days are meant by suppressed
holidays. The answer is that in this matter nothing has been
changed by the Code in the discipline of the Church hitherto in
force. It has been stated repeatedly that by the holidays on
which pastors and bishops must say Holy Mass for the people,
are meant the feasts enumerated in the catalogue of Pope Urban
VIII. (See No. 311 on page 79 in this book.) It is also quite
certain from the wording of the Code that all pastors in the
United States, and other countries not subject to the Propa
ganda, are pastors in the strict sense of the term. Unless, there
fore, the Holy See grants a dispensation in view of the difficulties
under which many a pastor in the United States is laboring, the
decision given here seems to settle the matter as far as the inter
pretation of the law of the Code is concerned.
3. The Number of Holidays of Obligation as fixed by
the Code are the only days of obligation, and the Holy See
answers that holidays of obligation kept in some country or
diocese, by reason of particular laws, ancient custom or spec
concession of the Holy See, are abolished as concerns the duty
of hearing Holy Mass and abstaining from servile work.
Canon 1247, No. 1090; Ada Ap. Sedis, Vol. X, p. 170. 1
429
430 THE NEW CANON LAW
4. In reference to the Nuptial Blessing there are the
following declarations: 1. Since the Ordinary can permit the
nuptial blessing also during the closed seasons (Cf. Canon 1108,
No. 951), the question arises whether and how the commem
oration pro sponsis is to be said if the nuptial blessing is allowed
by the bishop on Christmas or on Easter Sunday. The answer
is that the oration is to be added under one conclusion to the
oration of the day ; 2. To the question as to whether the votive
Mass pro sponsis can be said during the closed seasons of Ad
vent and Lent, the answer is that if the Ordinary for a good
reason allows the solemn nuptial_blessing, the votive Mass can
be said except on Sundays, feasts of precept, feasts of the I. and
II. class, privileged octaves of the I. and II. order, privileged
ferias and the vigil of Christmas; 3. To the question as whether
the votive Mass pro sponsis can be said on the privileged vigils
of Pentecost and the Epiphany, the answer is that on neither vigil
can this Mass be said. (Cf. Ada Ap. Sedis, Vol. X, p. 332.)
5. Term of Office of Religious Superiors. Canon 505
rules that the term of office of local superiors shall be three years,
or at most six, in the same house. The question was proposed
whether this rule is to be applied also to superiors or directors of
schools, hospitals, and other pious or charitable institutions. The
answer is that the law in question must be applied also to these
superiors if they are not only presidents, directors, etc., but at the
same time superiors of the religious community. (Cf. No. 350.)
6. Impediments of Ordination. By the law of Canon
987, n. 5, men held to the ordinary military service, in countries
where all able-bodied young men are subject to compulsory mili
tary service, are forbidden to be ordained until they have served
their term. The question was proposed to the Committee of the
Code whether this prohibition holds, also if they are not yet of
military age yet far enough advanced in studies to receive some
orders, or if they have been called and examined and declared
temporarily unfit. Furthermore, it was doubted whether this
prohibition forbids reception of major orders only, or also of
tonsure and the minor orders. The answer is that the prohibition
holds in the proposed cases and for all orders.
7. Betrothal Contract. It has been decided by the
Committee that the unjustified breaking of a betrothal contract
APPENDIX 431
entitles only to a suit for damages, and that pending this suit
marriage with a third party is not to be hindered by the pastor.
Furthermore that the suit for damages spoken of in Canon 1017,
§ 3 is a matter of mixed forum, that is to say, suit can be brought
either in the ecclesiastical or the civil court, at the option of the
injured party. (Cf. No. 861.)
8. Knowledge of Christian Doctrine of People about
to marry. As the parties should, according to Canon 1020,
know the Christian doctrine, it was asked whether in case of
gross ignorance the pastor is to delay marriage. The Committee
answers that the pastor should rather teach them the elementary
points of Christian doctrine. If the parties refuse to come for
instruction, assistance at their marriage should not be refused,
as is clear from the ruling of Canon 1066. (Cf. Nos. 863 and
909.)
9. Publication of the Banns and the Testimonium
Libertatis. If it becomes very difficult to observe the law
of Canon 1023 (Cf. 866) because the parties lived in various,
very distant places, may the pastor resort to the supplementary
oath tendered to the parties, so as to have certainty that they are
not married already to some one else, or not held by other im
pediments? The answer of the Committee is that in such cases
the pastor is to refer the matter to his bishop, who may use his
own judgment as to what proof is sufficient, and who may also
demand the oath.
10. Doubtful Impediment of Consanguinity. If illicit
and secret intercourse had preceded the birth of a girl who is to
be married, so that doubt arises whether she is perhaps a sister
(natural or adulterous child) to the man, or his daughter in case
of advanced years of the man, may marriage be allowed as long-
as there is a reasonable doubt concerning these relations?
Committee answers that Canon 1076, § 3, decides these cases by
forbidding marriage absolutely as long as these impediments ar.
in doubt.
11. Impediments of Marriage contracted before the
Code came into force and now abolished. The Commit
declares that engagement and marriage must be judged by 1
laws in force at the time these contracts were made. Imped
such as the fourth degree of consanguinity, third and four
affinity, affinity from illicit intercourse, and others which have
432 THE NEW CANON LAW
been abolished, cease to exist wherefore people who marry after
Pentecost, May 19, 1918, are not held by these impediments
though they had contracted them before the new law came into
force. If, however, marriage was contracted before that date
without a proper dispensation, the marriage is null and void and
remains invalid, wherefore it must be validated either by dispen
sation, or by sanatio in radice, like any other invalid marriage.
12. Right of keeping the Blessed Sacrament in
Churches and Chapels of Religious. The meaning of Canon
1267 (Cf. No. 1110) is according to the declaration of the Com
mittee of the Code as follows: If the religious house, or pious
institute, has a public church, and the community uses the same
for the ordinary daily religious exercises, the Blessed Sacrament
is to be kept in that church only. If this is not the case, the
Blessed Sacrament may be kept in the principal chapel or oratory
of the religious house or institute without prejudice to the rights
of the church, if it should be entitled by law to have the Blessed
Sacrament as, for instance, a parochial church. If there are sev
eral formally distinct and separate families in the same house or
institution, each may have its own chapel with the Blessed Sacra
ment, just like so many different religious houses or institutions.
13. Clerical Societies without Vows. The Committee
declares that the following Canons, about which there was some
doubt, bind also the clerical societies without vows : Canon 2386
which rules that a religious who becomes a fugitive is ipso facto
deprived of any office he holds, and if a cleric in major orders he
incurs suspension reserved to the major superiors of the religious
organization. Canon 2387, which states that a religious cleric
whose profession is invalid through wilful fault on his part, is to
be put out of the clerical rank, if he is in minor orders, and if he
is in major orders he is ipso facto suspended until the Holy See
shall provide for him. Canon 2389 which rules that religious
who seriously violate the law of common life prescribed by the
constitutions, and do not amend after serious admonition, may
be punished with privation of active and passive vote, and priva
tion of office if they are superiors. Canon 2410 which imposes
suspension for a month from the celebration of Holy Mass on a
superior who unlawfully sends his subjects for ordination to
another diocese, this Canon applies to societies without vows if
they have the privilege to issue dimissorial letters. The law of
APPENDIX 433
Canon 2411 which demands that superiors be severely punished,
not excluding privation of office, if they receive a candidate who
does not have the requisite qualifications specified in Canon 542
(Cf. No. 387) or without the testimonials demanded by Canon
544 (Cf. No. 389), binds also clerical organizations without
vows. Canon 2413 which rules that superiors who interfere in
any way, directly or indirectly, with the visitation, or make it
ineffective by influencing the subjects in any way, are to be de
clared by the visitor incapable of being elevated to any office, and
are to be deprived of the office they hold, besides other penalties
which the constitutions may impose. (Acta Ap. Sedis, Vol. X,
p. 347.)
14. Latest Faculties of Bishops for Impediments of
Marriage. By decree of the S. Consistorial Congregation,
Aug. 2, 1918, the bishops of America, the Philippine Islands,
the East Indies, Africa beyond the shores of the Mediterranean,
and Russia, receive faculties for the period of the war to dis
pense from the impediment of mixed religion and from all dir
iment impediments of marriage except the priesthood and the
affinitas in linea recta, consummate matrimonio. At the end of
each year they shall make report to the S. Congregation of the
Sacraments of the number and kind of dispensations which they
have granted, and remit at the same time the fees due to the S.
Congregation for the dispensations. (Acta Ap. Sedis, Vol. X,
pag. 363.)
The Entire Work Revised in Accordance with The New Canon Law
THE CASUIST
A Collection of Cases in Moral and Pastoral Theology
Vols. I-IV revised to date and brought in accord with the New Canon Law by
Rev. STANISLAUS WOYWOD, O.F.M.
The new, fifth volume, prepared and edited by
Rev. J. A. McHUGH, O.P., S.T.Lr.
The fifth volume completes the work and contains the Subject Index of all
five volumes.
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culties not infrequently met with, many of which are not dealt with in the
ordinary manuals of Moral and Pastoral Theology." — Catholic Book Notes.
A Single -Volume Gospel Commentary
THE FOUR GOSPELS
With a Practical Critical Commentary for
Priests and Students
By REV. CHARLES J. CALLAN, O.P.
Lector of Sacred Theology and Professor in the Catholic Foreign
Missionary Seminary, Ossining, N. Y.
XII+557 Pages, 8vo. With 2 Maps. Cloth, net $4.00
A timely, important and labor-saving work, based on the latest results of
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The work contains the full Text of the Gospels, in English, together with
a concise but thorough Commentary on the sacred text, verse by verse.
Dealing with the Gospels in their different aspects — as books of history, of
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theology and doctrine — problems of topography— of chronology — of language—
everything, in fact, that the professor, student, or busy pastor may need for
a satisfactory understanding of any sentence or word of importance in the
Four Gospels. No difficulties of any consequence are left unexplained — ap
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JOSEPH F. WAGNER, Inc., Publishers,
BQV 214 ,W69 1918 SMC
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The new canon law New ed.
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