Can. 330 Just as, by the decree of the Lord, Saint Peter
and the rest of the Apostles form one College, so for a like reason the
Roman Pontiff, the successor of Peter, and the Bishops, the successors
of the Apostles, are united together in one.
ARTICLE 1: THE ROMAN PONTIFF
Can. 331 The office uniquely committed by the Lord to Peter, the
first of the Apostles, and to be transmitted to his successors, abides
in the Bishop of the Church of Rome. He is the head of the College of
Bishops, the Vicar of Christ, and the Pastor of the universal Church
here on earth. Consequently, by virtue of his office, he has supreme,
full, immediate and universal ordinary power in the Church, and he can
always freely exercise this power.
Can. 332 §1 The Roman Pontiff acquires full and supreme power in the
Church when, together with episcopal consecration, he has been lawfully
elected and has accepted the election. Accordingly, if he already has
the episcopal character, he receives this power from the moment he
accepts election to the supreme pontificate. If he does not have the
episcopal character, he is immediately to be ordained Bishop.
§2 Should it happen that the Roman Pontiff resigns from his office,
it is required for validity that the resignation be freely made and
properly manifested, but it is not necessary that it be accepted by
anyone.
Can. 333 §1 By virtue of his office, the Roman Pontiff not only has
power over the universal Church, but also has preeminent ordinary
power over all particular Churches and their groupings. This reinforces
and defends the proper, ordinary and immediate power which the Bishops
have in the particular Churches entrusted to their care.
§2 The Roman Pontiff, in fulfilling his office as supreme Pastor of
the Church, is always joined in full communion with the other Bishops,
and indeed with the whole Church. He has the right, however, to
determine, according to the needs of the Church, whether this office is
to be exercised in a personal or in a collegial manner.
§3 There is neither appeal nor recourse against a judgment or a
decree of the Roman Pontiff.
Can. 334 The Bishops are available to the Roman Pontiff in the
exercise of his office, to cooperate with him in various ways, among
which is the synod of Bishops. Cardinals also assist him, as do other
persons and, according to the needs of the time, various institutes; all
these persons and institutes fulfill their offices in his name and by
his authority, for the good of all the Churches, in accordance with the
norms determined by law.
Can. 335 When the Roman See is vacant, or completely impeded, no
innovation is to be made in the governance of the universal Church. The
special laws enacted for these circumstances are to be observed.
ARTICLE 2: THE COLLEGE OF BISHOPS
Can. 336 The head of the College of Bishops is the Supreme Pontiff,
and its members are the Bishops by virtue of their sacramental
consecration and hierarchical communion with the head of the College and
its members. This College of Bishops, in which the apostolic body abides
in an unbroken manner, is, in union with its head and never without this
head, also the subject of supreme and full power over the universal
Church.
Can. 337 §1 The College of Bishops exercises its power over the
universal Church in solemn form in an Ecumenical Council.
§2 It exercises this same power by the united action of the Bishops
dispersed throughout the world, when this action is as such proclaimed
or freely accepted by the Roman Pontiff, so that it becomes a truly
collegial act.
§3 It belongs to the Roman Pontiff to select and promote, according
to the needs of the Church, ways in which the College of Bishops can
exercise its office in respect of the universal Church in a collegial
manner.
Can. 338 §1 It is the prerogative of the Roman Pontiff alone to
summon an Ecumenical Council, to preside over it personally or through
others, to transfer, suspend or dissolve the Council, and to approve its
decrees.
§2 It is also the prerogative of the Roman Pontiff to determine the
matters to be dealt with in the Council, and to establish the order to
be observed. The Fathers of the Council may add other matters to those
proposed by the Roman Pontiff, but these must be approved by the Roman
Pontiff .
Can. 339 §1 All Bishops, but only Bishops who are members of the
College of Bishops, have the right and the obligation to be present at
an Ecumenical Council with a deliberative vote.
§2 Some others besides, who do not have the episcopal dignity, can
be summoned to an Ecumenical Council by the supreme authority in the
Church, to whom it belongs to determine what part they take in the
Council.
Can. 340 If the Apostolic See should become vacant during the
celebration of the Council, it is by virtue of the law itself suspended
until the new Supreme Pontiff either orders it to continue or dissolves
it.
Can. 341 §1 The decrees of an Ecumenical Council do not oblige
unless they are approved by the Roman Pontiff as well as by the Fathers
of the Council, confirmed by the Roman Pontiff and promulgated by his
direction.
§2 If they are to have binding force, the same confirmation and
promulgation is required for decrees which the College of Bishops issues
by truly collegial actions in another manner introduced or freely
accepted by the Roman Pontiff.
CHAPTER II : THE SYNOD OF BISHOPS
Can. 342 The synod of Bishops is a group of Bishops selected from
different parts of the world, who meet together at specified times to
promote the close relationship between the Roman Pontiff and the
Bishops. These Bishops, by their counsel, assist the Roman Pontiff in
the defense and development of faith and morals and in the preservation
and strengthening of ecclesiastical discipline. They also consider
questions concerning the mission of the Church in the world.
Can. 343 The function of the synod of Bishops is to discuss the
matters proposed to it and set forth recommendations. It is not its
function to settle matters or to draw up decrees, unless the Roman
Pontiff has given it deliberative power in certain cases; in this event,
it rests with the Roman Pontiff to ratify the decisions of the synod.
Can. 344 The synod of Bishops is directly under the authority of the
Roman Pontiff, whose prerogative it is:
1° to convene the synod, as often as this seems opportune to him,
and to designate the place where the meetings are to be held
2° to ratify the election of those who, in accordance with the
special law of the synod, are to be elected, and to designate and
appoint other members;
3° at a suitable time before the celebration of the synod, to
prescribe the outlines of the questions to be discussed, in accordance
with the special law;
4° to determine the agenda;
5° to preside over the synod personally or through others;
6° to conclude, transfer, suspend or dissolve the synod.
Can. 345 The synod of Bishops can meet in general assembly, in which
matters are dealt with which directly concern the good of the universal
Church; such an assembly is either ordinary or extraordinary. It can
also meet in special assembly, to deal with matters directly affecting a
determined region or regions.
Can. 346 §1 The synod of Bishops meeting in ordinary general
assembly is comprised, for the most part, of Bishops elected for each
assembly by the Episcopal Conferences, in accordance with the norms of
the special law of the synod. Other members are designated according to
the same law; others are directly appointed by the Roman Pontiff. Added
to these are some members of clerical religious institutes, elected in
accordance with the same special law.
§2 The synod of Bishops meeting in extraordinary general assembly
for the purpose of dealing with matters which require speedy resolution,
is comprised for the most part, of Bishops who, by reason of the office
they hold, are designated by the special law of the synod; others are
appointed directly by the Roman Pontiff. Added to these are some members
of clerical religious institutes, elected in accordance with the same
law.
§3 The synod of Bishops which meets in special assembly is comprised
of members chosen principally from those regions for which the synod was
convened, in accordance with the special law by which the synod is
governed.
Can. 347 §1 When the meeting of the synod of Bishops is concluded by
the Roman Pontiff, the function entrusted in it to the Bishops and other
members ceases.
§2 If the Apostolic See becomes vacant after the synod has been
convened or during its celebration, the meeting of the synod, and the
function entrusted in it to the members, is by virtue of the law itself
suspended, until the new Pontiff decrees either that the assembly is to
be dissolved or that it is to continue.
Can. 348 §1 There is to be a permanent general secretariat of the
synod, presided over by a Secretary general appointed by the Roman
Pontiff. The Secretary is to have the assistance of a council of the
secretariat, composed of Bishops, some elected by the synod of Bishops
itself in accordance with the special law, others appointed by the Roman
Pontiff. The function of all these persons ceases with the beginning of
a new general assembly.
§2 For each assembly of the synod of Bishops there are one or more
special secretaries, who are appointed by the Roman Pontiff. They remain
in office only until the end of the synod assembly.
CHAPTER III : THE CARDINALS OF THE
HOLY ROMAN CHURCH
Can. 349 The Cardinals of the Holy Roman Church constitute a special
College, whose prerogative it is to elect the Roman Pontiff in
accordance with the norms of a special law. The Cardinals are also
available to the Roman Pontiff, either acting collegially, when they are
summoned together to deal with questions of major importance, or acting
individually, that is, in the offices which they hold in assisting the
Roman Pontiff especially in the daily care of the universal Church.
Can. 350 §1 The College of Cardinals is divided into three orders:
the episcopal order, to which belong those Cardinals to whom the Roman
Pontiff assigns the title of a suburbicarian Church, and easternrite
Patriarchs who are made members of the College of Cardinals; the
presbyteral order, and the diaconal order.
§2 Cardinal priests and Cardinal deacons are each assigned a title
or a deaconry in Rome by the Roman Pontiff.
§3 Eastern Patriarchs within the College of Cardinals have their
patriarchal see as a title.
§4 The Cardinal Dean has the title of the diocese of Ostia, together
with that of any other Church to which he already has a title.
§5 By a choice made in Consistory and approved by the Supreme
Pontiff, Cardinal priests may transfer to another title; Cardinal
deacons may transfer to another deaconry and, if they have been a full
ten years in the diaconal order, to the presbyteral order: priority of
order and of promotion is to be observed.
§6 A Cardinal who by choice transfers from the diaconal to the
presbyteral order, takes precedence over all Cardinal priests who were
promoted to the Cardinalate after him.
Can. 351 §1 Those to be promoted Cardinals are men freely selected
by the Roman Pontiff, who are at least in the order of priesthood and
are truly outstanding in doctrine, virtue, piety and prudence in
practical matters; those who are not already Bishops must receive
episcopal consecration.
§2 Cardinals are created by decree of the Roman Pontiff, which in
fact is published in the presence of the College of Cardinals. From the
moment of publication, they are bound by the obligations and they enjoy
the rights defined in the law.
§3 A person promoted to the dignity of Cardinal, whose creation the
Roman Pontiff announces, but whose name he reserves in petto, is not at
that time bound by the obligations nor does he enjoy the rights of a
Cardinal. When his name is published by the Roman Pontiff, however, he
is bound by these obligations and enjoys these rights, but his right of
precedence dates from the day of the reservation in petto.
Can. 352 §1 The Dean presides over the College of Cardinals. When he
is unable to do so, the subDean takes his place. The Dean, or the
subDean, has no power of governance over the other Cardinals, but is
considered as first among equals.
§2 When the office of Dean is vacant, those Cardinals who have a
suburbicarian title, and only those, under the presidency of the subDean
if he is present, or of the oldest member, elect one of their number to
act as Dean of the College. They are to submit his name to the Roman
Pontiff, to whom it belongs to approve the person elected.
§3 In the same way as set out in §2, the subDean is elected, with
the Dean presiding. It belongs to the Roman Pontiff to approve also the
election of the subDean.
§4 If the Dean and subDean do not already have a domicile in Rome,
they acquire it there.
Can. 353 §1 Cardinals assist the Supreme Pastor of the Church in
collegial fashion particularly in Consistories, in which they are
gathered by order of the Roman Pontiff and under his presidency.
Consistories are either ordinary or extraordinary.
§2 In an ordinary Consistory all Cardinals, or at least those who
are in Rome, are summoned for consultation on certain grave matters of
more frequent occurrence, or for the performance of especially solemn
acts.
§3 All Cardinals are summoned to an extraordinary Consistory, which
takes place when the special needs of the Church and more serious
matters suggest it.
§4 Only an ordinary Consistory in which certain solemnities are
celebrated, can be public, that is when, in addition to the Cardinals,
Prelates, representatives of civil states and other invited persons are
admitted.
Can. 354 Cardinals who head the departments and other permanent
sections of the Roman Curia and of Vatican City, who have completed
their seventy-fifth year, are requested to offer their resignation from
office to the Roman Pontiff, who will consider all the circumstances and
make provision accordingly.
Can. 355 §1 It belongs to the Cardinal Dean to ordain the elected
Roman Pontiff a Bishop, if he is not already ordained. If the Dean is
prevented from doing so, the same right belongs to the subDean or, if
he is prevented, to the senior Cardinal of the episcopal order.
§2 The senior Cardinal Deacon announces the name of the newly
elected Supreme Pontiff to the people. Acting in place of the Roman
Pontiff, he also confers the pallium on metropolitan Bishops or gives
the pallium to their proxies.
Can. 356 Cardinals have the obligation of cooperating closely with
the Roman Pontiff. For this reason, Cardinals who have any office in the
Curia and are not diocesan Bishops, are obliged to reside in Rome.
Cardinals who are in charge of a diocese as diocesan Bishops, are to go
to Rome whenever summoned by the Roman Pontiff.
Can. 357 §1 When a Cardinal has taken possession of a suburbicarian
Church or of a titular Church in Rome, he is to further the good of the
diocese or church by counsel and patronage. However, he has no power of
governance over it, and he should not for any reason interfere in
matters concerning the administration of its goods, or its discipline,
or the service of the church.
§2 Cardinals living outside Rome and outside their own diocese, are
exempt in what concerns their person from the power of governance of the
Bishop of the diocese in which they are residing.
Can. 358 A Cardinal may be deputed by the Roman Pontiff to represent
him in some solemn celebration or assembly of persons as a 'Legatus a
latere', that is, as his alter ego; or he may, as a special emissary, be
entrusted with a particular pastoral task. A Cardinal thus nominated is
entitled to deal only with those affairs which have been entrusted to
him by the Roman Pontiff himself.
Can. 359 When the Apostolic See is vacant, the College of Cardinals
has only that power in the Church which is granted to it by special law.
CHAPTER IV : THE ROMAN CURIA
Can. 360 The Supreme Pontiff usually conducts the business of the
universal Church through the Roman Curia, which acts in his name and
with his authority for the good and for the service of the Churches. The
Curia is composed of the Secretariat of State or Papal Secretariat, the
Council for the public affairs of the Church, the Congregations, the
Tribunals and other Institutes. The constitution and competence of all
these is defined by special law.
Can. 361 In this Code the terms Apostolic See or Holy See mean not
only the Roman Pontiff, but also, unless the contrary is clear from the
nature of things or from the context, the Secretariat of State, the
Council for the public affairs of the Church, and the other Institutes
of the Roman Curia.
CHAPTER V : PAPAL LEGATES
Can. 362 The Roman Pontiff has an inherent and independent right to
appoint Legates and to send them either to particular Churches in
various countries or regions, or at the same time to States and to
public Authorities. He also has the right to transfer or recall them, in
accordance with the norms of international law concerning the mission
and recall of representatives accredited to States.
Can. 363 §1 To Legates of the Roman Pontiff is entrusted the office
of representing in a stable manner the person of the Roman Pontiff in
the particular Churches, or also in the States and public Authorities,
to whom they are sent.
§2 Those also represent the Apostolic See who are appointed to
pontifical Missions as Delegates or Observers at international Councils
or at Conferences and Meetings.
Can. 364 The principal task of a Papal Legate is continually to make
more firm and effective the bonds of unity which exist between the Holy
See and the particular Churches. Within the territory assigned to him,
it is therefore the responsibility of a Legate:
1° to inform the Apostolic See about the conditions in which the
particular Churches find themselves, as well as about all matters which
affect the life of the Church and the good of souls;
2° to assist the Bishops by action and advice, while leaving intact
the exercise of their lawful power;
3° to foster close relations with the Episcopal Conference, offering
it every assistance;
4° in connection with the appointment of Bishops, to send or propose
names of candidates to the Apostolic See, as well as to prepare the
informative process about those who may be promoted, in accordance with
the norms issued by the Apostolic See;
5° to take pains to promote whatever may contribute to peace,
progress and the united efforts of peoples;
6° to work with the Bishops to foster appropriate exchanges between
the Catholic Church and other Churches or ecclesial communities, and
indeed with non-Christian religions;
7° to work with the Bishops to safeguard, so far as the rulers of
the State are concerned, those things which relate to the mission of the
Church and of the Apostolic See;
8° to exercise the faculties and carry out the other instructions
which are given to him by the Apostolic See.
Can. 365 §1 A papal Legate who at the same time acts as envoy to the
State according to international law, has in addition the special role:
1° of promoting and fostering relationships between the Apostolic
See and the Authorities of the State;
2° of dealing with questions concerning relations between Church and
State, especially, of drawing up concordats and other similar
agreements, and giving effect to them.
§2 As circumstances suggest, in the matters mentioned in §1, the
papal Legate is not to omit to seek the opinion and counsel of the
Bishops of the ecclesiastical jurisdiction and to keep them informed of
the course of events.
Can. 366 Given the special nature of a Legate's role:
1° the papal Legation is exempt from the power of governance of the
local Ordinary, except for the celebration of marriages;
2° the papal Legate has the right to perform liturgical
celebrations, even in pontificalia, in all churches of the territory of
his legation; as far as it is possible, he is to give prior notice to
the local Ordinary.
Can. 367 The office of papal Legate does not cease when the Apostolic
See is vacant, unless otherwise specified in the pontifical Letters it
does cease, however, on the expiry of the mandate, on receipt by him of
notification of recall, and on acceptance of his resignation by the
Roman Pontiff.
SECTION II : PARTICULAR CHURCHES AND
THEIR GROUPINGS
TITLE I : PARTICULAR CHURCHES AND THE
AUTHORITY CONSTITUTED WITHIN THEM
CHAPTER I : PARTICULAR CHURCHES
Can. 368 Particular Churches, in which and from which the one and
only catholic Church exists, are principally dioceses. Unless the
contrary is clear, the following are equivalent to a diocese: a
territorial prelature, a territorial abbacy, a vicariate apostolic, a
prefecture apostolic and a permanently established apostolic
administration.
Can. 369 A diocese is a portion of the people of God, which is
entrusted to a Bishop to be nurtured by him, with the cooperation of the
presbyterium, in such a way that, remaining close to its pastor and
gathered by him through the Gospel and the Eucharist in the Holy Spirit,
it constitutes a particular Church. In this Church, the one, holy,
catholic and apostolic Church of Christ truly exists and functions.
Can. 370 A territorial prelature or abbacy is a certain portion of
the people of God, territorially defined, the care of which is for
special reasons entrusted to a Prelate or an Abbot, who governs it, in
the manner of a diocesan Bishop, as its proper pastor.
Can. 371 §1 A vicariate apostolic or a prefecture apostolic is a
certain portion of the people of God, which for special reasons is not
yet constituted a diocese, and which is entrusted to the pastoral care
of a Vicar apostolic or a Prefect apostolic, who governs it in the name
of the Supreme Pontiff.
§2 An apostolic administration is a certain portion of the people of
God which, for special and particularly serious reasons, is not yet
established by the Supreme Pontiff as a diocese, and whose pastoral care
is entrusted to an apostolic Administrator, who governs it in the name
of the Supreme Pontiff.
Can. 372 §1 As a rule, that portion of the people of God which
constitutes a diocese or other particular Church is to have a defined
territory, so that it comprises all the faithful who live in that
territory.
§2 If however, in the judgment of the supreme authority in the
Church, after consultation with the Episcopal Conferences concerned, it
is thought to be helpful, there may be established in a given territory
particular Churches distinguished by the rite of the faithful or by some
other similar quality.
Can. 373 It is within the competence of the supreme authority alone
to establish particular Churches; once they are lawfully established,
the law itself gives them juridical personality.
Can. 374 §1 Each diocese or other particular Church is to be divided
into distinct parts or parishes.
§2 To foster pastoral care by means of common action, several
neighboring parishes can be joined together in special groups, such as
vicariates forane.
CHAPTER II : BISHOPS
ARTICLE 1: BISHOPS IN GENERAL
Can. 375 §1 By divine institution, Bishops succeed the Apostles
through the Holy Spirit who is given to them. They are constituted
Pastors in the Church, to be the teachers of doctrine, the priests of
sacred worship and the ministers of governance.
§2 By their episcopal consecration, Bishops receive, together with
the office of sanctifying, the offices also of teaching and of ruling,
which however, by their nature, can be exercised only in hierarchical
communion with the head of the College and its members.
Can. 376 Bishops to whom the care of a given diocese is entrusted are
called diocesan Bishops; the others are called titular Bishops.
Can. 377 §1 The Supreme Pontiff freely appoints Bishops or confirms
those lawfully elected.
§2 At least every three years, the Bishops of an ecclesiastical
province or, if circumstances suggest it, of an Episcopal Conference,
are to draw up, by common accord and in secret, a list of priests, even
of members of institutes of consecrated life, who are suitable for the
episcopate; they are to send this list to the Apostolic See. This is
without prejudice to the right of every Bishop individually to make
known to the Apostolic See the names of priests whom he thinks are
worthy and suitable for the episcopal office.
§3 Unless it has been lawfully prescribed otherwise, for the
appointment of a diocesan Bishop or a coadjutor Bishop, a ternus, as it
is called, is to be proposed to the Apostolic See. In the preparation of
this list, it is the responsibility of the papal Legate to seek
individually the suggestions of the Metropolitan and of the Suffragans
of the province to which the diocese in question belongs or with which
it is joined in some grouping, as well as the suggestions of the
president of the Episcopal Conference. The papal Legate is, moreover, to
hear the views of some members of the college of consultors and of the
cathedral chapter. If he judges it expedient, he is also to seek
individually, and in secret, the opinions of other clerics, both secular
and religious, and of lay persons of outstanding wisdom. He is then to
send these suggestions, together with his own opinion, to the Apostolic
See.
§4 Unless it has been lawfully provided otherwise, the diocesan
Bishop who judges that his diocese requires an auxiliary Bishop, is to
propose to the Apostolic See a list of the names of at least three
priests suitable for this office .
§5 For the future, no rights or privileges of election, appointment,
presentation or designation of Bishops are conceded to civil
authorities.
Can. 378 §1 To be a suitable candidate for the episcopate, a person
must:
1° be outstanding in strong faith, good morals, piety, zeal for
souls, wisdom, prudence and human virtues, and possess those other gifts
which equip him to fulfill the office in question;
2° be held in good esteem;
3° be at least 35 years old;
4° be a priest ordained for at least five years;
5° hold a doctorate or at least a licentiate in sacred Scripture,
theology or canon law, from an institute of higher studies approved by
the Apostolic See, or at least be well versed in these disciplines.
§2 The definitive judgment on the suitability of the person to be
promoted rests with the Apostolic See.
Can. 379 Unless prevented by a lawful reason, one who is promoted to
the episcopate must receive episcopal consecration within three months
of receiving the apostolic letters, and in fact before he takes
possession of his office.
Can. 380 Before taking canonical possession of his office, he who has
been promoted is to make the profession of faith and take the oath of
fidelity to the Apostolic See, in accordance with the formula approved
by the same Apostolic See.
ARTICLE 2: DIOCESAN BISHOPS
Can. 381 §1 In the diocese entrusted to his care, the diocesan
Bishop has all the ordinary, proper and immediate power required for the
exercise of his pastoral office, except in those matters which the law
or a decree of the Supreme Pontiff reserves to the supreme or to some
other ecclesiastical authority.
§2 Those who are at the head of the other communities of the
faithful mentioned in can. 368, are equivalent in law to the diocesan
Bishop unless the contrary is clear from the nature of things or from a
provision of the law.
Can. 382 §1 A person who is promoted to the episcopate cannot become
involved in the exercise of the office entrusted to him before he has
taken canonical possession of the diocese. However, he is able to
exercise offices which he already held in the same diocese at the time
of his promotion, without prejudice to can. 409 §2.
§2 Unless he is lawfully impeded, one who is not already consecrated
a Bishop and is now promoted to the office of diocesan Bishop, must take
canonical possession of his diocese within four months of receiving the
apostolic letters. If he is already consecrated, he must take possession
within two months of receiving the apostolic letters.
§3 A Bishop takes canonical possession of his diocese when,
personally or by proxy, he shows the apostolic letters to the college of
consultors, in the presence of the chancellor of the curia, who makes a
record of the fact. This must take place within the diocese. In dioceses
which are newly established he takes possession when he communicates the
same letters to the clergy and the people in the cathedral church, with
the senior of the priests present making a record of the fact.
§4 It is strongly recommended that the taking of canonical
possession be performed with a liturgical act in the cathedral church,
in the presence of the clergy and the people.
Can. 383 §1 In exercising his pastoral office, the diocesan Bishop
is to be solicitous for all Christ's faithful entrusted to his care,
whatever their age, condition or nationality, whether they live in the
territory or are visiting there. He is to show an apostolic spirit also
to those who, because of their condition of life, are not sufficiently
able to benefit from ordinary pastoral care, and to those who have
lapsed from religious practice.
§2 If he has faithful of a different rite in his diocese, he is to
provide for their spiritual needs either by means of priests or parishes
of the same rite, or by an episcopal Vicar.
§3 He is to act with humanity and charity to those who are not in
full communion with the catholic Church he should also foster
ecumenism as it is understood by the Church.
§4 He is to consider the non-baptized as commended to him in the
Lord, so that the charity of Christ, of which the Bishop must be a
witness to all, may shine also on them.
Can. 384 He is to have a special concern for the priests, to whom he
is to listen as his helpers and counselors. He is to defend their rights
and ensure that they fulfill the obligations proper to their state. He
is to see that they have the means and the institutions needed for the
development of their spiritual and intellectual life. He is to ensure
that they are provided with adequate means of livelihood and social
welfare, in accordance with the law.
Can. 385 He must in a very special way foster vocations to the
various ministries and to consecrated life, having a special care for
priestly and missionary vocations.
Can. 386 §1 The diocesan Bishop is bound to teach and illustrate to
the faithful the truths of faith which are to be believed and applied to
behavior. He is himself to preach frequently. He is also to ensure that
the provisions of the canons on the ministry of the word, especially on
the homily and catechetical instruction, are faithfully observed, so
that the whole of Christian teaching is transmitted to all.
§2 By whatever means seem most appropriate, he is firmly to defend
the integrity and unity of the faith to be believed. However, he is to
acknowledge a just freedom in the further investigation of truths.
Can. 387 Mindful that he is bound to give an example of holiness,
charity, humility and simplicity of life, the diocesan Bishop is to seek
in every way to promote the holiness of Christ's faithful according to
the special vocation of each. Since he is the principal dispenser of the
mysteries of God, he is to strive constantly that Christ's faithful
entrusted to his care may grow in grace through the celebration of the
sacraments, and may know and live the paschal mystery.
Can. 388 §1 After he has taken possession of the diocese, the
diocesan Bishop must apply the Mass for the people entrusted to him on
each Sunday and on each holyday of obligation in his region.
§2 The Bishop must himself celebrate and apply the Mass for the
people on the days mentioned in §1; if, however, he is lawfully impeded
from so doing, he is to have someone else do so on those days, or do so
himself on other days.
§3 A Bishop who, in addition to his own, is given another diocese,
even as administrator, satisfies the obligation by applying one Mass for
all the people entrusted to him.
§4 A Bishop who has not satisfied the obligation mentioned in §§13,
is to apply as soon as possible as many Masses for the people as he has
omitted.
Can. 389 He is frequently to preside at the Eucharistic celebration
in the cathedral church or in some other church of his diocese,
especially on holydays of obligation and on other solemnities.
Can. 390 The diocesan Bishop may use pontificalia throughout his
diocese. He may not do so outside his diocese without the consent of the
local Ordinary, either expressly given or at least reasonably presumed.
Can. 391 §1 The diocesan Bishop governs the particular Church
entrusted to him with legislative, executive and judicial power, in
accordance with the law.
§2 The Bishop exercises legislative power himself. He exercises
executive power either personally or through Vicars general or episcopal
Vicars, in accordance with the law. He exercises judicial power either
personally or through a judicial Vicar and judges, in accordance with
the law.
Can. 392 §1 Since the Bishop must defend the unity of the universal
Church, he is bound to foster the discipline which is common to the
whole Church, and so press for the observance of all ecclesiastical
laws.
§2 He is to ensure that abuses do not creep into ecclesiastical
discipline, especially concerning the ministry of the word, the
celebration of the sacraments and sacramentals, the worship of God and
the cult of the saints, and the administration of goods.
Can. 393 In all juridical transactions of the diocese, the diocesan
Bishop acts in the person of the diocese.
Can. 394 §1 The Bishop is to foster various forms of the apostolate
in his diocese and is to ensure that throughout the entire diocese, or
in its particular districts, all works of the apostolate are coordinated
under his direction, with due regard for the character of each
apostolate.
§2 He is to insist on the faithful's obligation to exercise the
apostolate according to the condition and talents of each. He is to urge
them to take part in or assist various works of the apostolate,
according to the needs of place and time.
Can. 395 §1 The diocesan Bishop is bound by the law of personal
residence in his diocese, even if he has a coadjutor or auxiliary
Bishop.
§2 Apart from the visit 'ad limina', attendance at councils or at
the synod of Bishops or at the Episcopal Conference, at which he must be
present, or by reason of another office lawfully entrusted to him, he
may be absent from the diocese, for a just reason, for not longer than
one month, continuously or otherwise, provided he ensures that the
diocese is not harmed by this absence.
§3 He is not to be absent from his diocese on Christmas Day, during
Holy Week, or on Easter Sunday, Pentecost and Corpus Christi, except for
a grave and urgent reason.
§4 If the Bishop is unlawfully absent from the diocese for more than
six months, the Metropolitan is to notify the Holy See. If it is the
Metropolitan who is absent, the senior suffragan is to do the same.
Can. 396 §1 The Bishop is bound to visit his diocese in whole or in
part each year, so that at least every five years he will have visited
the whole diocese, either personally or, if he is lawfully impeded,
through the coadjutor or auxiliary Bishop, the Vicar general, an
episcopal Vicar or some other priest.
§2 The Bishop has a right to select any clerics he wishes as his
companions and helpers in a visitation, any contrary privilege or custom
being reprobated.
Can. 397 §1 Persons, catholic institutes, pious objects and places
within the boundaries of the diocese, are subject to ordinary episcopal
visitation.
§2 The Bishop may visit the members of religious institutes of
pontifical right and their houses only in the cases stated in the law.
Can. 398 The Bishop is to endeavor to make his pastoral visitation
with due diligence. He is to ensure that he is not a burden to anyone on
the ground of undue expense.
Can. 399 §1 Every five years the diocesan Bishop is bound to submit
to the Supreme Pontiff a report on the state of the diocese entrusted to
him, in the form and at the time determined by the Apostolic See.
§2 If the year assigned for submitting this report coincides in
whole or in part with the first two years of his governance of the
diocese, for that occasion the Bishop need not draw up and submit the
report.
Can. 400 §1 Unless the Apostolic See has decided otherwise, in the
year in which he is bound to submit the report to the Supreme Pontiff,
the diocesan Bishop is to go to Rome to venerate the tombs of the
Blessed Apostles Peter and Paul, and to present himself to the Roman
Pontiff.
§2 The Bishop is to satisfy this obligation personally, unless he is
lawfully impeded; in which case he is to satisfy the obligation through
the coadjutor, if he has one, or the auxiliary, or a suitable priest of
his presbyterium who resides in his diocese.
§3 A Vicar apostolic can satisfy this obligation through a proxy,
even through one residing in Rome. A Prefect apostolic is not bound by
this obligation.
Can. 401 §1 A diocesan Bishop who has completed his seventy-fifth
year of age is requested to offer his resignation from office to the
Supreme Pontiff, who, taking all the circumstances into account, will
make provision accordingly.
§2 A diocesan Bishop who, because of illness or some other grave
reason, has become unsuited for the fulfillment of his office, is
earnestly requested to offer his resignation from office.
Can. 402 §1 A Bishop whose resignation from office has been
accepted, acquires the title 'emeritus' of his diocese. If he so wishes,
he may have a residence in the diocese unless, because of special
circumstances in certain cases, the Apostolic See provides otherwise.
§2 The Episcopal Conference must ensure that suitable and worthy
provision is made for the upkeep of a Bishop who has resigned, bearing
in mind the primary obligation which falls on the diocese which he
served.
ARTICLE 3: COADJUTOR AND AUXILIARY BISHOPS
Can. 403 §1 When the pastoral needs of the diocese require it, one
or more auxiliary Bishops are to be appointed at the request of the
diocesan Bishop. An auxiliary Bishop does not have the right of
succession.
§2 In more serious circumstances, even of a personal nature, the
diocesan Bishop may be given an auxiliary Bishop with special faculties.
§3 If the Holy See considers it more opportune, it can ex officio
appoint a coadjutor Bishop, who also has special faculties. A coadjutor
Bishop has the right of succession.
Can. 404 §1 The coadjutor Bishop takes possession of his office
when, either personally or by proxy, he shows the apostolic letters of
appointment to the diocesan Bishop and the college of consultors, in the
presence of the chancellor of the curia, who makes a record of the fact.
§2 An auxiliary Bishop takes possession of his office when he shows
his apostolic letters of appointment to the diocesan Bishop, in the
presence of the chancellor of the curia, who makes a record of the fact.
§3 If the diocesan Bishop is wholly impeded, it is sufficient that
either the coadjutor Bishop or the auxiliary Bishop show their apostolic
letters of appointment to the college of consultors, in the presence of
the chancellor of the curia.
Can. 405 §1 The coadjutor Bishop and the auxiliary Bishop have the
obligations and the rights which are determined by the provisions of the
following canons and defined in their letters of appointment.
§2 The coadjutor Bishop, or the auxiliary Bishop mentioned in can.
403 §2, assists the diocesan Bishop in the entire governance of the
diocese, and takes his place when he is absent or impeded.
Can. 406 §1 The coadjutor Bishop, and likewise the auxiliary Bishop
mentioned in can. 403 §2, is to be appointed a Vicar general by the
diocesan Bishop. The diocesan Bishop is to entrust to him, in preference
to others, those things which by law require a special mandate.
§2 Unless the apostolic letters provide otherwise, and without
prejudice to the provision of §1, the diocesan Bishop is to appoint his
auxiliary or auxiliaries as Vicar general or at least episcopal Vicar,
in dependence solely on his authority, or on that of the coadjutor
Bishop or of the auxiliary Bishop mentioned in can. 403 §2.
Can. 407 §1 For the greatest present and future good of the diocese,
the diocesan Bishop, the coadjutor and the auxiliary Bishop mentioned in
can. 403 §2, are to consult with each other on matters of greater
importance.
§2 In assessing matters of greater importance, particularly those of
a pastoral nature, the diocesan Bishop is to consult the auxiliary
Bishop before all others.
§3 The coadjutor Bishop and the auxiliary Bishop, since they are
called to share in the cares of the diocesan Bishop, should so exercise
their office that they act and think in accord with him.
Can. 408 §1 As often as they are requested to do so by the diocesan
Bishop, a coadjutor Bishop and an auxiliary Bishop who are not lawfully
impeded, are obliged to perform those pontifical and other functions to
which the diocesan Bishop is bound.
§2 Those episcopal rights and functions which the coadjutor can
exercise are not habitually to be entrusted to another by the diocesan
Bishop.
Can. 409 §1 When the episcopal see falls vacant, the coadjutor
immediately becomes the Bishop of the diocese for which he was
appointed, provided he has lawfully taken possession.
§2 Unless the competent authority has provided otherwise, when the
episcopal see is vacant and until the new Bishop takes possession of the
see, the auxiliary Bishop retains all and only those powers and
faculties which he had as Vicar general or as episcopal Vicar when the
see was occupied. If he is not appointed to the office of diocesan
Administrator, he is to exercise this same power of his, conferred by
the law, under the authority of the diocesan Administrator, who governs
the diocese.
Can. 410 The coadjutor Bishop and the auxiliary Bishop are bound,
like the diocesan Bishop, to reside in the diocese. Other than for the
fulfillment of some duty outside the diocese, or for holidays, which are
not to be longer than one month, they may not be away from the diocese
except for a brief period.
Can. 411 The provisions of canon 401 and 402 §2, concerning
resignation from office, apply also to a coadjutor and an auxiliary
Bishop.
CHAPTER III : THE IMPEDED OR VACANT SEE
ARTICLE 1: THE IMPEDED SEE
Can. 412 The episcopal see is understood to be impeded if the
diocesan
Bishop is completely prevented from exercising the pastoral office in
the diocese by reason of imprisonment, banishment, exile or incapacity,
so that he is unable to communicate, even by letter, with the people of
his diocese.
Can. 413 §1 Unless the Holy See has provided otherwise, when a see
is impeded, the governance of the diocese devolves on the coadjutor
Bishop, if there is one. If there is no coadjutor, or if he is impeded,
it devolves upon the auxiliary Bishop, or the Vicar general, or the
episcopal Vicar, or another priest: the order of persons to be followed
is to be that determined in the list which the diocesan Bishop is to
draw up as soon as possible after taking possession of his diocese. This
list, which is to be communicated to the Metropolitan, is to be revised
at least every three years, and kept under secrecy by the chancellor.
§2 If there is no coadjutor Bishop or if he is impeded, and the list
mentioned in §1 is not at hand, it is the responsibility of the college
of consultors to elect a priest who will govern the diocese.
§3 The person who undertakes the governance of the diocese according
to the norms of §§1 or 2, is to notify the Holy See as soon as
possible that the see is impeded and that he has undertaken the office.
Can. 414 Whoever is called, in accordance with can. 413, to exercise
the pastoral care of the diocese for the time being, that is, only for
the period during which the see is impeded, is in his pastoral care of
the diocese bound by the obligations, and has the power, which by law
belong to the diocesan Administrator.
Can. 415 If the diocesan Bishop is prohibited from exercising his
office by reason of an ecclesiastical penalty, the Metropolitan is to
refer the matter at once to the Holy See, so that it may make provision;
if there is no Metropolitan, or if he is the one affected by the
penalty, it is the suffragan senior by promotion who is to refer the
matter.
ARTICLE 2: THE VACANT SEE
Can. 416 The episcopal see becomes vacant by the death of the
diocesan Bishop, by his resignation accepted by the Holy See, by
transfer, or by deprivation notified to the Bishop.
Can. 417 Until they have received certain notification of the
Bishop's death, all actions taken by the Vicar general or the episcopal
Vicar have effect. Until they have received certain notification of the
aforementioned papal acts, the same is true of actions taken by the
diocesan Bishop, the Vicar general or the episcopal Vicar.
Can. 418 §1 Within two months of receiving certain notification of
transfer, the Bishop must proceed to the diocese to which he has been
transferred and take canonical possession of it. On the day on which he
takes possession of the new diocese, the diocese from which he has been
transferred becomes vacant.
§2 In the period between receiving certain notification of the
transfer and taking possession of the new diocese, in the diocese from
which he is being transferred the Bishop:
1° has the power, and is bound by the obligations, of a diocesan
Administrator; all powers of the Vicar general and of the episcopal
Vicar cease, without prejudice to can. 409 §2;
2° receives the full remuneration proper to the office.
Can. 419 While the see is vacant and until the appointment of a
diocesan Administrator, the governance of the diocese devolves upon the
auxiliary Bishop. If there are a number of auxiliary Bishops, it
devolves upon the senior by promotion. If there is no auxiliary Bishop,
it devolves upon the college of consultors, unless the Holy See has
provided otherwise. The one who thus assumes the governance of the
diocese must without delay convene the college which is competent to
appoint a diocesan Administrator.
Can. 420 Unless the Holy See has prescribed otherwise, when the see
is vacant in a vicariate or a prefecture apostolic, the governance is
assumed by the ProVicar or ProPrefect who was designated for this
sole purpose by the Vicar or Prefect immediately upon taking possession.
Can. 421 §1 Within eight days of receiving notification of the
vacancy of an episcopal see, a diocesan Administrator is to be elected
by the college of consultors, to govern the diocese for the time being,
without prejudice to the provisions of can. 502 §3.
§2 If, for any reason, the diocesan Administrator is not lawfully
elected within the prescribed time, his appointment devolves upon the
Metropolitan. If the metropolitan see is itself vacant, or if both the
metropolitan see and a suffragan see are vacant, the appointment
devolves on the suffragan who is senior by promotion.
Can. 422 The auxiliary Bishop or, if there is none, the college of
consultors, must as soon as possible notify the Apostolic See of the
death of the Bishop. The person elected as diocesan Administrator must
as soon as possible notify the Apostolic See of his election.
Can. 423 §1 Only one diocesan Administrator is to be appointed,
contrary customs being reprobated; otherwise the election is invalid.
§2 The diocesan Administrator is not to be at the same time the
financial administrator. Accordingly, if the financial administrator of
the diocese is elected Administrator, the finance committee is to elect
another temporary financial administrator.
Can. 424 The diocesan Administrator is to be elected according to the
norms of canon 165178.
Can. 425 §1 Only a priest who has completed his thirtyfifth year
of age, and has not already been elected, appointed or presented for the
same see, can validly be deputed to the office of diocesan
Administrator.
§2 As diocesan Administrator a priest is to be elected who is
outstanding for doctrine and prudence.
§3 If the conditions prescribed in §1 have not been observed, the
Metropolitan or, if the metropolitan see itself is vacant, the suffragan
senior by promotion, having verified the truth of the matter, is to
appoint an Administrator for that occasion. The acts of a person elected
contrary to the provisions of §1 are by virtue of the law itself
invalid.
Can. 426 Whoever governs the diocese before the appointment of the
diocesan Administrator, has the power which the law gives to a Vicar
general.
Can. 427 §1 The diocesan Administrator is bound by the obligations
and enjoys the power of a diocesan Bishop, excluding those matters which
are excepted by the nature of things or by the law itself.
§2 The diocesan Administrator obtains his power on his acceptance of
the election, without the need of confirmation from anyone, but without
prejudice to the provision of can. 833, n. 4.
Can. 428 §1 While the see is vacant, no innovation is to be made.
§2 Those who have the interim governance of the diocese are
forbidden to do anything which could in any way prejudice the rights of
the diocese or of the Bishop. Both they, and in like manner any other
persons, are specifically forbidden to remove, destroy or in any way
alter documents of the diocesan curia, either personally or through
another.
Can. 429 The diocesan Administrator is bound by the obligations of
residing in the diocese, and of applying the Mass for the people in
accordance with can. 388.
Can. 430 §1 The office of the diocesan Administrator ceases when the
new Bishop takes possession of the diocese.
§2 Removal of the diocesan Administrator is reserved to the Holy
See. Should he perchance resign, the resignation is to be submitted in
authentic form to the college which is competent to elect, but it does
not require acceptance by the college. If the diocesan Administrator is
removed, resigns or dies, another diocesan Administrator is to be
elected in accordance with can. 421.
TITLE II: GROUPINGS OF PARTICULAR
CHURCHES
CHAPTER I : ECCLESIASTICAL PROVINCES AND
ECCLESIASTICAL REGIONS
Can. 431 Neighboring particular Churches are to be grouped into
ecclesiastical provinces, with a certain defined territory. The purpose
of this grouping is to promote, according to the circumstances of
persons and place, a common pastoral action of various neighboring
dioceses, and the more closely to foster relations between diocesan
Bishops.
§2 From now onwards, as a rule, there are to be no exempt dioceses.
Accordingly, individual dioceses and other particular Churches which
exist within the territory of an ecclesiastical province, must be
included in that ecclesiastical province.
§3 It is the exclusive prerogative of the supreme authority in the
Church, after consulting the Bishops concerned, to establish, suppress
or alter ecclesiastical provinces.
Can. 432 §1 The provincial council and the Metropolitan have
authority over the ecclesiastical province, in accordance with the law.
§2 By virtue of the law, an ecclesiastical province has juridical
personality.
Can. 433 §1 If it seems advantageous, especially in countries where
there are very many particular Churches, the Holy See can, on the
proposal of the Episcopal Conference, join together neighboring
provinces into ecclesiastical regions.
§2 An ecclesiastical region can be constituted a juridical person.
Can. 434 It is for a meeting of the Bishops of an ecclesiastical
region to foster cooperation and common pastoral action in the region.
However the powers given to Episcopal Conferences in the canons of this
Code do not belong to such a meeting, unless some of these powers have
been specially granted to it by the Holy See.
CHAPTER II : METROPOLITANS
Can. 435 An ecclesiastical province is presided over by a
Metropolitan, who is Archbishop in his own diocese. The office of
Metropolitan is linked to an episcopal see, determined or approved by
the Roman Pontiff.
Can. 436 §1 Within the suffragan dioceses, the Metropolitan is
competent:
1° to see that faith and ecclesiastical discipline are carefully
observed and to notify the Roman Pontiff if there be any abuses;
2° for a reason approved beforehand by the Apostolic See, to conduct
a canonical visitation if the suffragan Bishop has neglected it;
3° to appoint a diocesan Administrator in accordance with canon 421
§2 and 425 §3.
§2 Where circumstances require it, the Apostolic See can give the
Metropolitan special functions and power, to be determined in particular
law.
§3 The Metropolitan has no other power of governance over suffragan
dioceses. He can, however, celebrate sacred functions in all churches as
if he were a Bishop in his own diocese, provided, if it is the cathedral
church, the diocesan Bishop has been previously notified.
Can. 437 §1 The Metropolitan is obliged to request the pallium from
the Roman Pontiff, either personally or by proxy, within three months of
his episcopal consecration or, if he has already been consecrated, of
his canonical appointment. The pallium signifies the power which, in
communion with the Roman Church, the Metropolitan possesses by law in
his own province.
§2 The Metropolitan can wear the pallium, in accordance with the
liturgical laws, in any church of the ecclesiastical province over which
he presides, but not outside the province, not even with the assent of
the diocesan Bishop.
§3 If the Metropolitan is transferred to another metropolitan see,
he requires a new pallium.
Can. 438 The title of Patriarch or Primate gives a prerogative of
honor, but in the Latin Church does not carry with it any power of
governance, except in certain matters where an apostolic privilege or
approved custom establishes otherwise.
CHAPTER III : PARTICULAR COUNCILS
Can. 439 §1 A plenary council for all the particular Churches of the
same Episcopal Conference is to be celebrated as often as the Episcopal
Conference, with the approval of the Apostolic See, considers it
necessary or advantageous.
§2 The norm laid down in §1 is valid also for a provincial council
to be celebrated in an ecclesiastical province whose boundaries coincide
with the boundaries of the country.
Can. 440 §1 A provincial council, for the various particular
Churches of the same ecclesiastical province, is celebrated as often as,
in the judgment of the majority of the diocesan Bishops of the province,
it is considered opportune, without prejudice to can. 439 §2.
§2 A provincial council may not be called while the metropolitan see
is vacant.
Can. 441 It is the responsibility of the Episcopal Conference:
1° to convene a plenary council;
2° to choose a place within the territory of the Episcopal
Conference for the celebration of the council;
3° to elect from among the diocesan Bishops a president of the
plenary council, who is to be approved by the Apostolic See;
4° to determine the order of business and the matters to be
considered, to announce when the plenary council is to begin and how
long it is to last, and to transfer, prorogue and dissolve it.
Can. 442 §1 It is the responsibility of the Metropolitan, with the
consent of the majority of the suffragan Bishops:
1° to convene a provincial council
2° to choose a place within the territory of the province for the
celebration of the provincial council;
3° to determine the order of business and the matters to be
considered, to announce when the provincial council is to begin and how
long it is to last, and to transfer, prorogue and dissolve it.
§2 It is the prerogative of the Metropolitan to preside over the
provincial council. If he is lawfully impeded from doing so, it is the
prerogative of a suffragan Bishop elected by the other suffragan
Bishops.
Can. 443 §1 The following have the right to be summoned to
particular councils and have the right to a deliberative vote:
1° diocesan Bishops;
2° coadjutor and auxiliary Bishops
3° other titular Bishops who have been given a special function in
the territory, either by the Apostolic See or by the Episcopal
Conference.
§2 Other titular Bishops who are living in the territory, even if
they are retired, may be invited to particular councils; they have the
right to a deliberative vote.
§3 The following are to be invited to particular councils, but with
only a consultative vote:
1° Vicars general and episcopal Vicars of all the particular
Churches in the territory;
2° the major Superiors of religious institutes and societies of
apostolic life. Their number, for both men and women, is to be
determined by the Episcopal Conference or the Bishops of the province,
and they are to be elected respectively by all the major Superiors of
institutes and societies which have a center in the territory;
3° the rectors of ecclesiastical and catholic universities which
have a center in the territory, together with the deans of their
faculties of theology and canon law;
4° some rectors of major seminaries, their number being determined
as in no. 2; they are to be elected by the rectors of seminaries
situated in the territory.
§4 Priests and others of Christ's faithful may also be invited to
particular councils, but have only a consultative vote; their number is
not to exceed half of those mentioned in 13.
§5 The cathedral chapter, the council of priests and the pastoral
council of each particular Church are to be invited to provincial
councils, but in such a way that each is to send two members, designated
in a collegial manner. They have only a consultative vote.
§6 Others may be invited to particular councils as guests, if this
is judged expedient by the Episcopal Conference for a plenary council,
or by the Metropolitan with the suffragan Bishops for a provincial
council.
Can. 444 §1 All who are summoned to particular councils must attend,
unless they are prevented by a just impediment, of whose existence they
are obliged to notify the president of the council.
§2 Those who are summoned to a particular council in which they have
a deliberative vote, but who are prevented from attending because of a
just impediment, can send a proxy. The proxy, however, has only a
consultative vote.
Can. 445 A particular council is to ensure that the pastoral needs of
the people of God in its territory are provided for. While it must
always respect the universal law of the Church, it has power of
governance, especially legislative power. It can, therefore, determine
whatever seems opportune for an increase of faith, for the ordering of
common pastoral action, for the direction of morality and for the
preservation, introduction and defense of a common ecclesiastical
discipline.
Can. 446 When a particular council has concluded, the president is to
ensure that all the acts of the council are sent to the Apostolic See.
The decrees drawn up by the council are not to be promulgated until they
have been reviewed by the Apostolic See. The council has the
responsibility of defining the manner in which the decrees will be
promulgated and the time when the promulgated decrees will begin to
oblige.
CHAPTER IV : EPISCOPAL CONFERENCES
Can. 447 The Episcopal Conference, a permanent institution, is the
assembly of the Bishops of a country or of a certain territory,
exercising together certain pastoral offices for Christ's faithful of
that territory. By forms and means of apostolate suited to the
circumstances of time and place, it is to promote, in accordance with
the law, that greater good which the Church offers to all people.
Can. 448 §1 As a general rule, the Episcopal Conference includes
those who preside over all the particular Churches of the same country,
in accordance with can. 450.
§2 An Episcopal Conference can, however, be established for a
territory of greater or less extent if the Apostolic See, after
consultation with the diocesan Bishops concerned, judges that
circumstances suggest this. Such a Conference would include only the
Bishops of some particular Churches in a certain territory, or those who
preside over particular Churches in different countries. It is for the
Apostolic See to lay down special norms for each case.
Can. 449 §1 It is for the supreme authority of the Church alone,
after consultation with the Bishops concerned, to establish, suppress,
or alter Episcopal Conferences.
§2 An Episcopal Conference lawfully established has juridical
personality by virtue of the law itself.
Can. 450 §1 By virtue of the law, the following persons in the
territory belong to the Episcopal Conference: all diocesan Bishops and
those equivalent to them in law; all coadjutor Bishops, auxiliary
Bishops and other titular Bishops who exercise in the territory a
special office assigned to them by the Apostolic See or by the Episcopal
Conference. Ordinaries of another rite may be invited, but have only a
consultative vote, unless the statutes of the Episcopal Conference
decree otherwise.
§2 The other titular Bishops and the Legate of the Roman Pontiff are
not by law members of the Episcopal Conference.
Can. 451 Each Episcopal Conference is to draw up its own statutes, to
be reviewed by the Apostolic See. In these, among other things,
arrangements for the plenary meetings of the Conference are to be set
out, and provision is to be made for a permanent committee of Bishops,
and a general secretary of the Conference, and for other offices and
commissions by which, in the judgment of the Conference, its purpose can
more effectively be achieved.
Can. 452 §1 Each Episcopal Conference is to elect its president and
determine who, in the lawful absence of the president, will exercise the
function of vice-president. It is also to designate a general secretary,
in accordance with the statutes.
§2 The president of the Conference or, when he is lawfully impeded,
the vice-president, presides not only over the general meetings of the
Conference but also over the permanent committee.
Can. 453 Plenary meetings of the Episcopal Conference are to be held
at least once a year, and moreover as often as special circumstances
require, in accordance with the provisions of the statutes.
Can. 454 §1 By virtue of the law diocesan Bishops, those equivalent
to them in law and coadjutor Bishops have a deliberative vote in plenary
meetings of the Episcopal Conference.
§2 Auxiliary Bishops and other titular Bishops who belong to the
Episcopal Conference have a deliberative or consultative vote according
to the provisions of the statutes of the Conference. Only those
mentioned in §1, however, have a deliberative vote in the making or
changing of the statutes.
Can. 455 §1 The Episcopal Conference can make general decrees only
in cases where the universal law has so prescribed, or by special
mandate of the Apostolic See, either on its own initiative or at the
request of the Conference itself.
§2 For the decrees mentioned in §1 validly to be enacted at a
plenary meeting, they must receive two thirds of the votes of those who
belong to the Conference with a deliberative vote. These decrees do not
oblige until they have been reviewed by the Apostolic See and lawfully
promulgated.
§3 The manner of promulgation and the time they come into force are
determined by the Episcopal Conference.
§4 In cases where neither the universal law nor a special mandate of
the Apostolic See gives the Episcopal Conference the power mentioned in
§1, the competence of each diocesan Bishop remains intact. In such
cases, neither the Conference nor its president can act in the name of
all the Bishops unless each and every Bishop has given his consent.
Can. 456 When a plenary meeting of the Episcopal Conference has been
concluded, its minutes are to be sent by the president to the Apostolic
See for information, and its decrees, if any, for review.
Can. 457 The permanent committee of Bishops is to prepare the agenda
for the plenary meetings of the Conference, and it is to ensure that the
decisions taken at those meetings are duly executed. It is also to
conduct whatever other business is entrusted to it in accordance with
the statutes.
Can. 458 The general secretary is to:
1° prepare an account of the acts and decrees of the plenary
meetings of the Conference, as well as the acts of the permanent
committee of Bishops and to communicate these to all members of the
Conference; also to record whatever other acts are entrusted to him by
the president or the permanent committee;
2° to communicate to neighboring Episcopal Conferences such acts and
documents as the Conference at a plenary meeting or the permanent
committee of Bishops decides to send to them.
Can. 459 §1 Relations are to be fostered between Episcopal
Conferences, especially neighboring ones, in order to promote and defend
whatever is for the greater good.
§2 The Apostolic See must be consulted whenever actions or affairs
undertaken by Conferences have an international character.
TITLE III : THE INTERNAL ORDERING OF
PARTICULAR CHURCHES
CHAPTER I : THE DIOCESAN SYNOD
Can. 460 The diocesan synod is an assembly of selected priests and
other members of Christ's faithful of a particular Church which, for the
good of the whole diocesan community, assists the diocesan Bishop, in
accordance with the following canons.
Can. 461 §1 The diocesan synod is to be held in each particular
Church when the diocesan Bishop, after consulting the council of
priests, judges that the circumstances suggest it.
§2 If a Bishop is responsible for a number of dioceses, or has
charge of one as his own and of another as Administrator, he may convene
one diocesan synod for all the dioceses entrusted to him.
Can. 462 §1 Only the diocesan Bishop can convene a diocesan synod. A
person who has interim charge of a diocese cannot do so.
§2 The diocesan Bishop presides over the diocesan synod. He may
however, delegate a Vicar general or an episcopal Vicar to fulfill this
office at individual sessions of the synod.
Can. 463 §1 The following are to be summoned to the diocesan synod
as members and they are obliged to participate in it:
1° the coadjutor Bishop and the auxiliary Bishops;
2° the Vicars general and episcopal Vicars, and the judicial Vicar
3° the canons of the cathedral church;
4° the members of the council of priests;
5° lay members of Christ's faithful, not excluding members of
institutes of consecrated life, to be elected by the pastoral council in
the manner and the number to be determined by the diocesan Bishop or,
where this council does not exist, on a basis determined by the diocesan
Bishop;
6° the rector of the major seminary of the diocese;
7° the vicars forane;
8° at least one priest from each vicariate forane to be elected by
all those who have the care of souls there; another priest is also to be
elected, to take the place of the first if he is prevented from
attending;
9° some Superiors of religious institutes and of societies of
apostolic life which have a house in the diocese: these are to be
elected in the number and the manner determined by the diocesan Bishop.
§2 The diocesan Bishop may also invite others to be members of the
diocesan synod, whether clerics or members of institutes of consecrated
life or lay members of the faithful.
§3 If the diocesan Bishop considers it opportune, he may invite to
the diocesan Synod as observers some ministers or members of Churches or
ecclesial communities which are not in full communion with the catholic
Church.
Can. 464 A member of the synod who is lawfully impeded from
attending, cannot send a proxy to attend in his or her place, but is to
notify the diocesan Bishop of the reason for not attending.
Can. 465 All questions proposed are to be subject to the free
discussion of the members in the sessions of the synod.
Can. 466 The diocesan Bishop is the sole legislator in the diocesan
synod. Other members of the synod have only a consultative vote. The
diocesan Bishop alone signs the synodal declarations and decrees, and
only by his authority may these be published.
Can. 467 The diocesan Bishop is to communicate the text of the
declarations and decrees of the synod to the Metropolitan and to the
Episcopal Conference.
Can. 468 §1 If he judges it prudent, the diocesan Bishop can suspend
or dissolve the diocesan synod.
§2 Should the episcopal see become vacant or impeded, the diocesan
synod is by virtue of the law itself suspended, until such time as the
diocesan Bishop who succeeds to the see decrees that it be continued or
declares it terminated.
CHAPTER II : THE DIOCESAN CURIA
Can. 469 The diocesan curia is composed of those institutes and
persons who assist the Bishop in governing the entire diocese,
especially in directing pastoral action, in providing for the
administration of the diocese, and in exercising judicial power.
Can. 470 The appointment of those who fulfill an office in the
diocesan curia belongs to the diocesan Bishop.
Can. 471 All who are admitted to an office in the curia must:
1° promise to fulfill their office faithfully, as determined by law
or by the Bishop;
2° observe secrecy within the limits and according to the manner
determined by law or by the Bishop.
Can. 472 The provisions of Book VII on 'Processes' are to be observed
concerning cases and persons involved in the exercise of judicial power
in the curia. The following canons are to be observed in what concerns
the administration of the diocese.
Can. 473 §1 The diocesan Bishop must ensure that everything
concerning the administration of the whole diocese is properly
coordinated and is directed in the way that will best achieve the good
of that portion of the people of God entrusted to his care.
§2 The diocesan Bishop has the responsibility of coordinating the
pastoral action of the Vicars general and episcopal Vicars. Where it is
useful, he may appoint a Moderator of the curia, who must be a priest
Under the Bishop's authority, the Moderator is to coordinate activities
concerning administrative matters and to ensure that the others who
belong to the curia properly fulfill the offices entrusted to them.
§3 Unless in the Bishop's judgment local conditions suggest
otherwise, the Vicar general is to be appointed Moderator of the curia
or, if there are several Vicars general, one of them.
§4 Where the Bishop judges it useful for the better promotion of
pastoral action, he can establish an episcopal council, comprising the
Vicars general and episcopal Vicars.
Can. 474 Acts of the curia which of their nature are designed to have
a juridical effect must, as a requirement for validity, be signed by the
Ordinary from whom they emanate. They must also be signed by the
chancellor of the curia or a notary. The chancellor is bound to notify
the Moderator of the curia about these acts.
ARTICLE 1: VICARS GENERAL AND EPISCOPAL VICARS
Can. 475 §1 In each diocese the diocesan Bishop is to appoint a
Vicar general to assist him in the governance of the whole diocese. The
Vicar general has ordinary power, in accordance with the following
canons.
§2 As a general rule, one Vicar general is to be appointed, unless
the size of the diocese, the number of inhabitants, or other pastoral
reasons suggest otherwise.
Can. 476 As often as the good governance of the diocese requires it,
the diocesan Bishop can also appoint one or more episcopal Vicars. These
have the same ordinary power as the universal law gives to a Vicar
general, in accordance with the following canons. The competence of an
episcopal Vicar, however, is limited to a determined part of the
diocese, or to a specific type of activity, or to the faithful of a
particular rite, or to certain groups of people.
Can. 477 §1 The Vicar general and the episcopal Vicar are freely
appointed by the diocesan Bishop, and can be freely removed by him,
without prejudice to can. 406. An episcopal Vicar who is not an
auxiliary Bishop, is to be appointed for a period of time, which is to
be specified in the act of appointment.
§2 If the Vicar general is absent or lawfully impeded, the diocesan
Bishop can appoint another to take his place. The same norm applies in
the case of an episcopal Vicar.
Can. 478 §1 The Vicar general and the episcopal Vicar are to be
priests of not less than thirty years of age, with a doctorate or
licentiate in canon law or theology, or at least well versed in these
disciplines. They are to be known for their sound doctrine, integrity,
prudence and practical experience.
§2 The office of Vicar general or episcopal Vicar may not be united
with the office of canon penitentiary, nor may the office be given to
blood relations of the Bishop up to the fourth degree.
Can. 479 §1 In virtue of his office, the Vicar general has the same
executive power throughout the whole diocese as that which belongs by
law to the diocesan Bishop: that is, he can perform all administrative
acts, with the exception however of those which the Bishop has reserved
to himself, or which by law require a special mandate of the Bishop.
§2 By virtue of the law itself, the episcopal Vicar has the same
power as that mentioned in §1, but only for the determined part of the
territory or type of activity, or for the faithful of the determined
rite or group, for which he was appointed; matters which the Bishop
reserves to himself or to the Vicar general, or which by law require a
special mandate of the Bishop, are excepted.
§3 Within the limits of their competence, the Vicar general and the
episcopal Vicar have also those habitual faculties which the Apostolic
See has granted to the Bishop. They may also execute rescripts, unless
it is expressly provided otherwise, or unless the execution was
entrusted to the Bishop on a personal basis.
Can. 480 The Vicar general and episcopal Vicar must give a report to
the diocesan Bishop concerning more important matters, both those yet to
be attended to and those already dealt with. They are never to act
against the will and mind of the diocesan Bishop.
Can. 481 §1 The power of the Vicar general or episcopal Vicar ceases
when the period of their mandate expires, or by resignation. In
addition, but without prejudice to canon 406 and 409, it ceases when
they are notified of their removal by the diocesan Bishop, or when the
episcopal see falls vacant.
§2 When the office of the diocesan Bishop is suspended, the power of
the Vicar general and of the episcopal Vicar is suspended, unless they
are themselves Bishops.
ARTICLE 2: THE CHANCELLOR, OTHER NOTARIES AND THE
ARCHIVES
Can. 482 §1 In each curia a chancellor is to be appointed, whose
principal office, unless particular law states otherwise, is to ensure
that the acts of the curia are drawn up and dispatched, and that they
are kept safe in the archive of the curia.
§2 If it is considered necessary, the chancellor may be given an
assistant, who is to be called the vicechancellor.
§3 The chancellor and vicechancellor are automatically notaries
and secretaries of the curia.
Can. 483 §1 Besides the chancellor, other notaries may be appointed,
whose writing or signature authenticates public documents. These
notaries may be appointed for all acts, or for judicial acts alone, or
only for acts concerning a particular issue or business.
§2 The chancellor and notaries must be of unblemished reputation and
above suspicion. In cases which could involve the reputation of a
priest, the notary must be a priest.
Can. 484 The office of notary involves:
1° writing acts and documents concerning decrees, arrangements,
obligations, and other matters which require their intervention;
2° faithfully recording in writing what is done, and signing the
document, with a note of the place, the day, the month and the year;
3° while observing all that must be observed, showing acts or
documents from the archives to those who lawfully request them, and
verifying that copies conform to the original.
Can. 485 The chancellor and the other notaries can be freely removed
by the diocesan Bishop. They can be removed by a diocesan Administrator
only with the consent of the college of consultors.
Can. 486 §1 All documents concerning the diocese or parishes must be
kept with the greatest of care.
§2 In each curia there is to be established in a safe place a
diocesan archive where documents and writings concerning both the
spiritual and the temporal affairs of the diocese are to be properly
filed and carefully kept under lock and key.
§3 An inventory or catalogue is to be made of documents kept in the
archive, with a short synopsis of each document.
Can. 487 §1 The archive must be locked, and only the Bishop and the
chancellor are to have the key; no one may be allowed to enter unless
with the permission of the Bishop, or with the permission of both the
Moderator of the curia and the chancellor.
§2 Persons concerned have the right to receive, personally or by
proxy, an authentic written or photostat copy of documents which are of
their nature public and which concern their own personal status.
Can. 488 It is not permitted to remove documents from the archive,
except for a short time and with the permission of the Bishop or of both
the Moderator of the curia and the chancellor.
Can. 489 §1 In the diocesan curia there is also to be a secret
archive, or at least in the ordinary archive there is to be a safe or
cabinet, which is securely closed and bolted and which cannot be
removed. In this archive documents which are to be kept under secrecy
are to be most carefully guarded.
§2 Each year documents of criminal cases concerning moral matters
are to be destroyed whenever the guilty parties have died, or ten years
have elapsed since a condemnatory sentence concluded the affair. A short
summary of the facts is to be kept, together with the text of the
definitive judgment.
Can. 490 §1 Only the Bishop is to have the key of the secret
archive.
§2 When the see is vacant, the secret archive or safe is not to be
opened except in a case of real necessity, and then by the diocesan
Administrator personally.
§3 Documents are not to be removed from the secret archive or safe.
Can. 491 §1 The diocesan Bishop is to ensure that the acts and
documents of the archives of cathedral, collegiate, parochial and other
churches in his territory are carefully kept and that two copies are
made of inventories or catalogues. One of these copies is to remain in
its own archive, the other is to be kept in the diocesan archive.
§2 The diocesan Bishop is to ensure that there is an historical
archive in the diocese, and that documents which have an historical
value are carefully kept in it and systematically filed.
§3 In order that the acts and documents mentioned in §§1 and 2 may
be inspected or removed, the norms laid down by the diocesan Bishop are
to be observed.
ARTICLE 3: THE FINANCE COMMITTEE AND THE FINANCIAL
ADMINISTRATOR
Can. 492 §1 In each diocese a finance committee is to be
established, presided over by the diocesan Bishop or his delegate. It is
to be composed of at least three of the faithful, expert in financial
affairs and civil law, of outstanding integrity, and appointed by the
Bishop.
§2 The members of the finance committee are appointed for five years
but when this period has expired they may be appointed for further terms
of five years.
§3 Persons related to the Bishop up to the fourth degree of
consanguinity or affinity are excluded from the finance committee.
Can. 493 Besides the functions entrusted to it in Book V on 'The
Temporal Goods of the Church', it is the responsibility of the finance
committee to prepare each year a budget of income and expenditure over
the coming year for the governance of the whole diocese, in accordance
with the direction of the diocesan Bishop. It is also the responsibility
of the committee to account at the end of the year for income and
expenditure.
Can. 494 §1 In each diocese a financial administrator is to be
appointed by the Bishop, after consulting the college of consultors and
the finance committee. The financial administrator is to be expert in
financial matters and of truly outstanding integrity.
§2 The financial administrator is to be appointed for five years,
but when this period has expired, may be appointed for further terms of
five years. While in office he or she is not to be removed except for a
grave reason, to be estimated by the Bishop after consulting the college
of consultors and the finance committee.
§3 It is the responsibility of the financial administrator, under
the authority of the Bishop, to administer the goods of the diocese in
accordance with the plan of the finance committee, and to make those
payments from diocesan funds which the Bishop or his delegates have
lawfully authorized.
§4 At the end of the year the financial administrator must give the
finance committee an account of income and expenditure.
CHAPTER III : THE COUNCIL OF PRIESTS AND THE COLLEGE
OF CONSULTORS
Can. 495 §1 In each diocese there is to be established a council of
priests, that is, a group of priests who represent the presbyterium and
who are to be, as it were, the Bishop's senate. The council's role is to
assist the Bishop, in accordance with the law, in the governance of the
diocese, so that the pastoral welfare of that portion of the people of
God entrusted to the Bishop may be most effectively promoted.
§2 In vicariates and prefectures apostolic, the Vicar or Prefect is
to appoint a council composed of at least three missionary priests,
whose opinion, even by letter, he is to hear in the more serious
affairs.
Can. 496 The council of priests is to have its own statutes. These
are to be approved by the diocesan Bishop, having taken account of the
norms laid down by the Episcopal Conference.
Can. 497 As far as the designation of the members of the council of
priests is concerned:
1° about half are to be freely elected by the priests themselves in
accordance with the canons which follow and with the statutes;
2° some priests must, in accordance with the statutes, be members ex
officio, that is belong to the council by reason of the office they
hold;
3° the diocesan Bishop may freely appoint some others.
Can. 498 §1 The following have the right to both an active and a
passive voice in an election to the council of priests:
1° all secular priests incardinated in the diocese;
2° priests who are living in the diocese and exercise some useful
office there, whether they be secular priests not incardinated in the
diocese, or priest members of religious institutes or of societies of
apostolic life.
§2 Insofar as the statutes so provide, the same right of election
may be given to other priests who have a domicile or quasidomicile in
the diocese.
Can. 499 The manner of electing the members of the council of priests
is to be determined by the statutes, and in such a way that as far as
possible the priests of the presbyterium are represented, with special
regard to the diversity of ministries and to the various regions of the
diocese.
Can. 500 §1 It is the prerogative of the diocesan Bishop to convene
the council of priests, to preside over it, and to determine the matters
to be discussed in it or to accept items proposed by the members.
§2 The council of priests has only a consultative vote. The diocesan
Bishop is to consult it in matters of more serious moment, but he
requires its consent only in the cases expressly defined in the law.
§3 The council of priests can never act without the diocesan Bishop.
He alone can make public those things which have been decided in
accordance with §2.
Can. 501 §1 The members of the council of priests are to be
designated for a period specified in the statutes, subject however to
the condition that over a five year period the council is renewed in
whole or in part.
§2 When the see is vacant, the council of priests lapses and its
functions are fulfilled by the college of consultors. The Bishop must
reconstitute the council of priests within a year of taking possession.
§3 If the council of priests does not fulfill the office entrusted
to it for the welfare of the diocese, or if it gravely abuses that
office, it can be dissolved by the diocesan Bishop, after consultation
with the Metropolitan, in the case of a metropolitan see, the Bishop
must first consult with the suffragan Bishop who is senior by promotion.
Within a year, however, the diocesan Bishop must reconstitute the
council.
Can. 502 §1 From among the members of the council of priests, the
diocesan Bishop freely appoints not fewer than six and not more than
twelve priests, who are for five years to constitute the college of
consultors. To it belong the functions determined by law; on the expiry
of the five year period, however, it continues to exercise its functions
until the new college is constituted.
§2 The diocesan Bishop presides over the college of consultors. If,
however, the see is impeded or vacant, that person presides who in the
interim takes the Bishop's place or, if he has not yet been appointed,
then the priest in the college of consultors who is senior by
ordination.
§3 The Episcopal Conference can determine that the functions of the
college of consultors be entrusted to the cathedral chapter.
§4 Unless the law provides otherwise, in a vicariate or prefecture
apostolic the functions of the college of consultors belong to the
council of the mission mentioned in can. 495 §2.
CHAPTER IV : THE CHAPTER OF CANONS
Can. 503 A chapter of canons, whether cathedral or collegiate, is a
college of priests, whose role is to celebrate the more solemn
liturgical functions in a cathedral or a collegiate church. It is for
the cathedral chapter, besides, to fulfill those roles entrusted to it
by law or by the diocesan Bishop.
Can. 504 The establishment, alteration or suppression of a cathedral
chapter is reserved to the Apostolic See.
Can. 505 Every chapter, whether cathedral or collegiate, is to have
its own statutes, established by lawful capitular act and approved by
the diocesan Bishop. These statutes are not to be changed or abrogated
except with the approval of the diocesan Bishop.
Can. 506 §1 The statutes of a chapter, while preserving always the
laws of the foundation, are to determine the nature of the chapter and
the number of canons. They are to define what the chapter and the
individual canons are to do in carrying out divine worship and their
ministry. They are to decide the meetings at which chapter business is
conducted and, while observing the provisions of the universal law, they
are to prescribe the conditions required for the validity and for the
lawfulness of the proceedings.
§2 In the statutes the remuneration is also to be defined, both the
fixed salary and the amounts to be paid on the occasion of discharging
the office, so too, having taken account of the norms laid down by the
Holy See, the insignia of the canons.
Can. 507 §1 Among the canons there is to be one who presides over
the chapter. In accordance with the statutes other offices are also to
be established, account having been taken of the practice prevailing in
the region.
§2 Other offices may be allotted to clerics not belonging to the
chapter, so that, in accordance with the statutes, they may provide
assistance to the canons.
Can. 508 §1 The canon penitentiary both of a cathedral church and of
a collegiate church has by law ordinary faculties, which he cannot
however delegate to others, to absolve in the sacramental forum from
latae sententiae censures which have not been declared and are not
reserved to the Holy See. Within the diocese he can absolve not only
diocesans but outsiders also, whereas he can absolve diocesans even
outside the diocese.
§2 Where there is no chapter, the diocesan Bishop is to appoint a
priest to fulfill this office.
Can. 509 §1 It belongs to the diocesan Bishop, after consultation
with the chapter, but not to the diocesan Administrator, to bestow each
and every canonry both in the cathedral church and in a collegiate
church, any privilege to the contrary is revoked. It is also for the
diocesan Bishop to confirm the person elected by the chapter to preside
over it.
§2 The diocesan Bishop is to appoint to canonries only priests who
are of sound doctrine and life and who have exercised a praiseworthy
ministry.
Can. 510 §1 Parishes are no longer to be united with chapters of
canons. Those which are united to a chapter are to be separated from it
by the diocesan Bishop.
§2 In a church which is at the same time a parochial and a capitular
church, a parish priest is to be appointed, whether chosen from the
chapter or not. He is bound by all the obligations and he enjoys all the
rights and faculties which by law belong to a parish priest.
§3 The diocesan Bishop is to establish certain norms whereby the
pastoral duties of the parish priest and the roles proper to the chapter
are duly harmonized, so that the parish priest is not a hindrance to
capitular functions, nor the chapter to those of the parish. Any
conflicts which may arise are to be settled by the diocesan Bishop, who
is to ensure above all that the pastoral needs of the faithful are
suitably provided for.
§4 Alms given to a church which is at the same time a parochial and
a capitular church, are presumed to be given to the parish, unless it is
otherwise established.
CHAPTER V : THE PASTORAL COUNCIL
Can. 511 In each diocese, in so far as pastoral circumstances
suggest, a pastoral council is to be established. Its function, under
the authority of the Bishop, is to study and weigh those matters which
concern the pastoral works in the diocese, and to propose practical
conclusions concerning them.
Can. 512 §1 A pastoral council is composed of members of Christ's
faithful who are in full communion with the catholic Church: clerics,
members of institutes of consecrated life, and especially lay people.
They are designated in the manner determined by the diocesan Bishop.
§2 The members of Christ's faithful assigned to the pastoral council
are to be selected in such a way that the council truly reflects the
entire portion of the people of God which constitutes the diocese,
taking account of the different regions of the diocese, of social
conditions and professions, and of the part played in the apostolate by
the members, whether individually or in association with others.
§3 Only those members of Christ's faithful who are outstanding in
firm faith, high moral standards and prudence are to be assigned to the
pastoral council.
Can. 513 §1 The pastoral council is appointed for a determinate
period, in accordance with the provisions of the statutes drawn up by
the Bishop.
§2 When the see is vacant, the pastoral council lapses.
Can. 514 §1 The pastoral council has only a consultative vote. It is
for the diocesan Bishop alone to convene it, according to the needs of
the apostolate, and to preside over it. He alone has the right to make
public the matters dealt with in the council.
§2 It is to be convened at least once a year.
CHAPTER VI : PARISHES, PARISH PRIESTS AND ASSISTANT
PRIESTS
Can. 515 §1 A parish is a certain community of Christ's faithful
stably established within a particular Church, whose pastoral care,
under the authority of the diocesan Bishop, is entrusted to a parish
priest as its proper pastor.
§2 The diocesan Bishop alone can establish, suppress or alter
parishes. He is not to establish, suppress or notably alter them unless
he has consulted the council of priests.
§3 A lawfully established parish has juridical personality by virtue
of the law itself.
Can. 516 §1 Unless the law provides otherwise, a quasiparish is
equivalent to a parish. A quasiparish is a certain community of
Christ's faithful within a particular Church, entrusted to a priest as
its proper pastor, but because of special circumstances not yet
established as a parish.
§2 Where some communities cannot be established as parishes or quasiparishes,
the diocesan Bishop is to provide for their spiritual care in some other
way.
Can. 517 §1 Where circumstances so require, the pastoral care of a
parish, or of a number of parishes together, can be entrusted to several
priests jointly, but with the stipulation that one of the priests is to
be the moderator of the pastoral care to be exercised. This moderator is
to direct the joint action and to be responsible for it to the Bishop.
§2 If, because of a shortage of priests, the diocesan Bishop has
judged that a deacon, or some other person who is not a priest, or a
community of persons, should be entrusted with a share in the exercise
of the pastoral care of a parish, he is to appoint some priest who, with
the powers and faculties of a parish priest, will direct the pastoral
care.
Can. 518 As a general rule, a parish is to be territorial, that is,
it is to embrace all Christ's faithful of a given territory. Where it is
useful however, personal parishes are to be established, determined by
reason of the rite, language or nationality of the faithful of a certain
territory, or on some other basis.
Can. 519 The parish priest is the proper pastor of the parish
entrusted to him. He exercises the pastoral care of the community
entrusted to him under the authority of the diocesan Bishop, whose
ministry of Christ he is called to share, so that for this community he
may carry out the offices of teaching, sanctifying and ruling with the
cooperation of other priests or deacons and with the assistance of lay
members of Christ's faithful, in accordance with the law.
Can. 520 §1 A juridical person may not be a parish priest. However,
the diocesan Bishop, but not the diocesan Administrator, can, with the
consent of the competent Superior, entrust a parish to a clerical
religious institute or to a clerical society of apostolic life, even by
establishing it in the church of the institute or society, subject
however to the rule that one priest be the parish priest or, if the
pastoral care is entrusted to several priests jointly, that there be a
moderator as mentioned in can. 517 §1.
§2 The entrustment of a parish, as in §1, may be either in
perpetuity or for a specified time. In either case this is to be done by
means of a written agreement made between the diocesan Bishop and the
competent Superior of the institute or society. This agreement must
expressly and accurately define, among other things, the work to be
done, the persons to be assigned to it and the financial arrangements.
Can. 521 §1 To be validly appointed a parish priest, one must be in
the sacred order of priesthood.
§2 He is also to be outstanding in sound doctrine and uprightness of
character, endowed with zeal for souls and other virtues, and possessed
of those qualities which by universal or particular law are required for
the care of the parish in question.
§3 In order that one be appointed to the office of parish priest,
his suitability must be clearly established, in a manner determined by
the diocesan Bishop, even by examination.
Can. 522 It is necessary that a parish priest have the benefit of
stability, and therefore he is to be appointed for an indeterminate
period of time. The diocesan Bishop may appoint him for a specified
period of time only if the Episcopal Conference has by decree allowed
this.
Can. 523 Without prejudice to can. 682, appointment to the office of
parish priest belongs to the diocesan Bishop, who is free to confer it
on whomsoever he wishes, unless someone else has a right of presentation
or election.
Can. 524 The diocesan Bishop is to confer a vacant parish on the one
whom, after consideration of all the circumstances, he judges suitable
for the parochial care of that parish, without any preference of
persons. In order to assess suitability, he is to consult the vicar
forane, conduct suitable enquiries and, if it is appropriate, seek the
view of some priests and lay members of Christ's faithful.
Can. 525 When a see is vacant or impeded, it is for the diocesan
Administrator or whoever governs the diocese in the interim:
1° to institute priests lawfully presented for a parish or to
confirm those lawfully elected to one;
2° to appoint parish priests if the see has been vacant or impeded
for a year.
Can. 526 §1 A parish priest is to have the parochial care of one
parish only. However, because of a shortage of priests or other
circumstances, the care of a number of neighboring |