diff --git a/drb.tsv b/drb.tsv index 446988c..799621a 100644 --- a/drb.tsv +++ b/drb.tsv @@ -35858,7 +35858,7 @@ Catechism of the Catholic Church CCC 74 63 Israel is the priestly people of God Catechism of the Catholic Church CCC 74 64 Through the prophets, God forms his people in the hope of salvation, in the expectation of a new and everlasting Covenant intended for all, to be written on their hearts. (Cf. Is 2:2-4; Jer 31:31-34; Heb 10:16) The prophets proclaim a radical redemption of the People of God, purification from all their infidelities, a salvation which will include all the nations. (Cf. Ezek 36; Is 49:5-6; 53:11) Above all, the poor and humble of the Lord will bear this hope. Such holy women as Sarah, Rebecca, Rachel, Miriam, Deborah, Hannah, Judith and Esther kept alive the hope of Israel's salvation. the purest figure among them is Mary. (Cf. Ezek 2:3; Lk 1:38) Catechism of the Catholic Church CCC 74 65 "In many and various ways God spoke of old to our fathers by the prophets, but in these last days he has spoken to us by a Son." (Heb 1:1-2) Christ, the Son of God made man, is the Father's one, perfect and unsurpassable Word. In him he has said everything; there will be no other word than this one. St. John of the Cross, among others, commented strikingly on Hebrews 1:1-2: [In giving us his Son, his only Word (for he possesses no other), he spoke everything to us at once in this sole Word - and he has no more to say...because what he spoke before to the prophets in parts, he has now spoken all at once by giving us the All Who is His Son. Any person questioning God or desiring some vision or revelation would be guilty not only of foolish behaviour but also of offending him, by not fixing his eyes entirely upon Christ and by living with the desire for some other novelty. (St. John of the Cross, the Ascent of Mount Carmel 2, 22, 3-5 in The Collected Works of St. John of the Cross, tr. K. Kavanaugh OCD and O. Rodriguez OCD (Washington DC: Institute of Carmelite Studies, 1979), 179-180: LH, Advent, week 2, Monday, OR.)] Catechism of the Catholic Church CCC 74 66 "The Christian economy, therefore, since it is the new and definitive Covenant, will never pass away; and no new public revelation is to be expected before the glorious manifestation of our Lord Jesus Christ." (DV 4; cf. I Tim 6:14; Titus 2:13) Yet even if Revelation is already complete, it has not been made completely explicit; it remains for Christian faith gradually to grasp its full significance over the course of the centuries. -Catechism of the Catholic Church CCC 74 67 Throughout the ages, there have been so-called "private" revelations, some of which have been recognized by the authority of the Church. They do not belong, however, to the deposit of faith. It is not their role to improve or complete Christ's definitive Revelation, but to help live more fully by it in a certain period of history. Guided by the Magisterium of the Church, the sensus fidelium knows how to discern and welcome in these revelations whatever constitutes an authentic call of Christ or his saints to the Church. [Christian faith cannot accept "revelations" that claim to surpass or correct the Revelation of which Christ is the fulfilment, as is the case in certain nonChristian religions and also in certain recent sects which base themselves on such "revelations".] +Catechism of the Catholic Church CCC 74 67 Throughout the ages, there have been so-called "private" revelations, some of which have been recognized by the authority of the Church. They do not belong, however, to the deposit of faith. It is not their role to improve or complete Christ's definitive Revelation, but to help live more fully by it in a certain period of history. Guided by the Magisterium of the Church, the sensus fidelium knows how to discern and welcome in these revelations whatever constitutes an authentic call of Christ or his saints to the Church. [Christian faith cannot accept "revelations" that claim to surpass or correct the Revelation of which Christ is the fulfilment, as is the case in certain non-Christian religions and also in certain recent sects which base themselves on such "revelations".] Catechism of the Catholic Church CCC 74 68 By love, God has revealed himself and given himself to man. He has thus provided the definitive, superabundant answer to the questions that man asks himself about the meaning and purpose of his life. Catechism of the Catholic Church CCC 74 69 God has revealed himself to man by gradually communicating his own mystery in deeds and in words. Catechism of the Catholic Church CCC 74 70 Beyond the witness to himself that God gives in created things, he manifested himself to our first parents, spoke to them and, after the fall, promised them salvation (cf Gen 3:15) and offered them his covenant. @@ -35913,7 +35913,7 @@ Catechism of the Catholic Church CCC 74 118 A medieval couplet summarizes the s Catechism of the Catholic Church CCC 74 119 "It is the task of exegetes to work, according to these rules, towards a better understanding and explanation of the meaning of Sacred Scripture in order that their research may help the Church to form a firmer judgement. For, of course, all that has been said about the manner of interpreting Scripture is ultimately subject to the judgement of the Church which exercises the divinely conferred commission and ministry of watching over and interpreting the Word of God." (DV 12 # 3.) [But I would not believe in the Gospel, had not the authority of the Catholic Church already moved me. (St. Augustine, Contra epistolam Manichaei 5, 6: PL 42, 176.)] Catechism of the Catholic Church CCC 74 120 It was by the apostolic Tradition that the Church discerned which writings are to be included in the list of the sacred books. (Cf. DV 8 # 3.) This complete list is called the canon of Scripture. It includes 46 books for the Old Testament (45 if we count Jeremiah and Lamentations as one) and 27 for the New. (Cf. DS 179; 1334-1336; 1501-1504.) The Old Testament: Genesis, Exodus, Leviticus, Numbers, Deuteronomy, Joshua, Judges, Ruth, 1 and 2 Samuel, 1 and 2 Kings, 1 and 2 Chronicles, Ezra and Nehemiah, Tobit, Judith, Esther, 1 and 2 Maccabees, Job, Psalms, Proverbs, Ecclesiastes, the Song of Songs, the Wisdom of Solomon, Sirach (Ecclesiasticus), Isaiah, Jeremiah, Lamentations, Baruch, Ezekiel, Daniel, Hosea, Joel, Amos, Obadiah, Jonah, Micah, Nahum, Habakkuk, Zephaniah, Haggai, Zachariah and Malachi. The New Testament: the Gospels according to Matthew, Mark, Luke and John, the Acts of the Apostles, the Letters of St. Paul to the Romans, 1 and 2 Corinthians, Galatians, Ephesians, Philippians, Colossians, 1 and 2 Thessalonians, 1 and 2 Timothy, Titus, Philemon, the Letter to the Hebrews, the Letters of James, 1 and 2 Peter, 1, 2 and 3 John, and Jude, and Revelation (the Apocalypse). Catechism of the Catholic Church CCC 74 121 The Old Testament is an indispensable part of Sacred Scripture. Its books are divinely inspired and retain a permanent value, (Cf. DV 14.) for the Old Covenant has never been revoked. -Catechism of the Catholic Church CCC 74 122 Indeed, "the economy of the Old Testament was deliberately SO oriented that it should prepare for and declare in prophecy the coming of Christ, redeemer of all men." (DV 15.) "Even though they contain matters imperfect and provisional, (DV 15.) The books of the OldTestament bear witness to the whole divine pedagogy of God's saving love: these writings "are a storehouse of sublime teaching on God and of sound wisdom on human life, as well as a wonderful treasury of prayers; in them, too, the mystery of our salvation is present in a hidden way." (DV 15.) +Catechism of the Catholic Church CCC 74 122 Indeed, "the economy of the Old Testament was deliberately SO oriented that it should prepare for and declare in prophecy the coming of Christ, redeemer of all men." (DV 15.) "Even though they contain matters imperfect and provisional, (DV 15.) The books of the Old Testament bear witness to the whole divine pedagogy of God's saving love: these writings "are a storehouse of sublime teaching on God and of sound wisdom on human life, as well as a wonderful treasury of prayers; in them, too, the mystery of our salvation is present in a hidden way." (DV 15.) Catechism of the Catholic Church CCC 74 123 Christians venerate the Old Testament as true Word of God. the Church has always vigorously opposed the idea of rejecting the Old Testament under the pretext that the New has rendered it void (Marcionism). Catechism of the Catholic Church CCC 74 124 "The Word of God, which is the power of God for salvation to everyone who has faith, is set forth and displays its power in a most wonderful way in the writings of the New Testament" (DV 17; cf. Rom 1:16) which hand on the ultimate truth of God's Revelation. Their central object is Jesus Christ, God's incarnate Son: his acts, teachings, Passion and glorification, and his Church's beginnings under the Spirit's guidance. (Cf. DV 20.) Catechism of the Catholic Church CCC 74 125 The Gospels are the heart of all the Scriptures "because they are our principal source for the life and teaching of the Incarnate Word, our Saviour". (DV 18.) @@ -36910,7 +36910,7 @@ Catechism of the Catholic Church CCC 74 1115 Jesus' words and actions during hi Catechism of the Catholic Church CCC 74 1116 Sacraments are "powers that comes forth" from the Body of Christ, (Cf. Lk 5:17; 6:19; 8:46.) which is ever-living and life-giving. They are actions of the Holy Spirit at work in his Body, the Church. They are "the masterworks of God" in the new and everlasting covenant. Catechism of the Catholic Church CCC 74 1117 As she has done for the canon of Sacred Scripture and for the doctrine of the faith, the Church, by the power of the Spirit who guides her "into all truth," has gradually recognized this treasure received from Christ and, as the faithful steward of God's mysteries, has determined its "dispensation." (Jn 16:13; cf. Mt 13:52; 1 Cor 4:1.) Thus the Church has discerned over the centuries that among liturgical celebrations there are seven that are, in the strict sense of the term, sacraments instituted by the Lord. Catechism of the Catholic Church CCC 74 1118 The sacraments are "of the Church" in the double sense that they are "by her" and "for her." They are "by the Church," for she is the sacrament of Christ's action at work in her through the mission of the Holy Spirit. They are "for the Church" in the sense that "the sacraments make the Church," (St. Augustine, De civ. Dei, 22, 17: PL 41, 779; cf. St. Thomas Aquinas, STh III, 64,2 ad 3.) since they manifest and communicate to men, above all in the Eucharist, the mystery of communion with the God who is love, One in three persons. -Catechism of the Catholic Church CCC 74 1119 Forming "as it were, one mystical person" with Christ the head, the Church acts in the sacraments as "an organically structured priestly community." (LG 11; cf. Pius XII, Mystici Corporis (1943).) Through Baptism and Confirmation the pRiestly people is enabled to celebrate the liturgy, while those of the faithful "who have received Holy Orders, are appointed to nourish the Church with the word and grace of God in the name of Christ." (LG 11 # 2.) +Catechism of the Catholic Church CCC 74 1119 Forming "as it were, one mystical person" with Christ the head, the Church acts in the sacraments as "an organically structured priestly community." (LG 11; cf. Pius XII, Mystici Corporis (1943).) Through Baptism and Confirmation the priestly people is enabled to celebrate the liturgy, while those of the faithful "who have received Holy Orders, are appointed to nourish the Church with the word and grace of God in the name of Christ." (LG 11 # 2.) Catechism of the Catholic Church CCC 74 1120 The ordained ministry or ministerial priesthood is at the service of the baptismal priesthood. (Cf. LG 10 # 2.) The ordained priesthood guarantees that it really is Christ who acts in the sacraments through the Holy Spirit for the Church. the saving mission entrusted by the Father to his incarnate Son was committed to the apostles and through them to their successors: they receive the Spirit of Jesus to act in his name and in his person. (Cf. Jn 20:21-23; Lk 24:47; Mt 28:18-20.) The ordained minister is the sacramental bond that ties the liturgical action to what the apostles said and did and, through them, to the words and actions of Christ, the source and foundation of the sacraments. Catechism of the Catholic Church CCC 74 1121 The three sacraments of Baptism, Confirmation, and Holy Orders confer, in addition to grace, a sacramental character or "seal" by which the Christian shares in Christ's priesthood and is made a member of the Church according to different states and functions. This configuration to Christ and to the Church, brought about by the Spirit, is indelible, (Cf. Council of Trent (1547): DS 1609.) it remains for ever in the Christian as a positive disposition for grace, a promise and guarantee of divine protection, and as a vocation to divine worship and to the service of the Church. Therefore these sacraments can never be repeated. Catechism of the Catholic Church CCC 74 1122 Christ sent his apostles so that "repentance and forgiveness of sins should be preached in his name to all nations." (Lk 24:47.) "Go therefore and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit." (Mt 28:19.) The mission to baptize, and so the sacramental mission, is implied in the mission to evangelize, because the sacrament is prepared for by the word of God and by the faith which is assent to this word: [The People of God is formed into one in the first place by the Word of the living God...the preaching of the Word is required for the sacramental ministry itself, since the sacraments are sacraments of faith, drawing their origin and nourishment from the Word. (PO 4 ## 1, 2.)] @@ -37639,7 +37639,7 @@ Catechism of the Catholic Church CCC 74 1844 By charity, we love God above all Catechism of the Catholic Church CCC 74 1845 The seven gifts of the Holy Spirit bestowed upon Christians are wisdom, understanding, counsel, fortitude, knowledge, piety, and fear of the Lord. Catechism of the Catholic Church CCC 74 1846 The Gospel is the revelation in Jesus Christ of God's mercy to sinners. (Cf. Lk 15.) The angel announced to Joseph: "You shall call his name Jesus, for he will save his people from their sins." (Mt 1:21.) The same is true of the Eucharist, the sacrament of redemption: "This is my blood of the covenant, which is poured out for many for the forgiveness of sins." (Mt 26:28.) Catechism of the Catholic Church CCC 74 1847 "God created us without us: but he did not will to save us without us." (St. Augustine, Sermo 169, 11, 13: PL 38, 923.) To receive his mercy, we must admit our faults. "If we say we have no sin, we deceive ourselves, and the truth is not in us. If we confess our sins, he is faithful and just, and will forgive our sins and cleanse us from all unrighteousness." (1 Jn 8-9.) -Catechism of the Catholic Church CCC 74 1848 As St. Paul affirms, "Where sin increased, grace abounded all the more." (Rom 5:20.) But to do its work grace must uncover sin so as to convert our hearts and bestow on us "righteousness to eternal life through Jesus Christ ourLord." (Rom 5:21.) Like a physician who probes the wound before treating it, God, by his Word and by his Spirit, casts a living light on sin: [Conversion requires convincing of sin; it includes the interior judgment of conscience, and this, being a proof of the action of the Spirit of truth in man's inmost being, becomes at the same time the start of a new grant of grace and love: "Receive the Holy Spirit." Thus in this "convincing concerning sin" we discover a double gift: the gift of the truth of conscience and the gift of the certainty of redemption. the Spirit of truth is the Consoler. (John Paul II, DeV 31 # 2.)] +Catechism of the Catholic Church CCC 74 1848 As St. Paul affirms, "Where sin increased, grace abounded all the more." (Rom 5:20.) But to do its work grace must uncover sin so as to convert our hearts and bestow on us "righteousness to eternal life through Jesus Christ our Lord." (Rom 5:21.) Like a physician who probes the wound before treating it, God, by his Word and by his Spirit, casts a living light on sin: [Conversion requires convincing of sin; it includes the interior judgment of conscience, and this, being a proof of the action of the Spirit of truth in man's inmost being, becomes at the same time the start of a new grant of grace and love: "Receive the Holy Spirit." Thus in this "convincing concerning sin" we discover a double gift: the gift of the truth of conscience and the gift of the certainty of redemption. the Spirit of truth is the Consoler. (John Paul II, DeV 31 # 2.)] Catechism of the Catholic Church CCC 74 1849 Sin is an offense against reason, truth, and right conscience; it is failure in genuine love for God and neighbor caused by a perverse attachment to certain goods. It wounds the nature of man and injures human solidarity. It has been defined as "an utterance, a deed, or a desire contrary to the eternal law." (St. Augustine, Contra Faustum 22: PL 42, 418; St. Thomas Aquinas, STh I-II, 71, 6.) Catechism of the Catholic Church CCC 74 1850 Sin is an offense against God: "Against you, you alone, have I sinned, and done that which is evil in your sight." (Ps 51:4.) Sin sets itself against God's love for us and turns our hearts away from it. Like the first sin, it is disobedience, a revolt against God through the will to become "like gods," (Gen 3:5.) knowing and determining good and evil. Sin is thus "love of oneself even to contempt of God." (St. Augustine, De civ. Dei 14, 28: PL 41, 436.) In this proud self-exaltation, sin is diametrically opposed to the obedience of Jesus, which achieves our salvation. (Cf. Phil 2:6-9.) Catechism of the Catholic Church CCC 74 1851 It is precisely in the Passion, when the mercy of Christ is about to vanquish it, that sin most clearly manifests its violence and its many forms: unbelief, murderous hatred, shunning and mockery by the leaders and the people, Pilate's cowardice and the cruelty of the soldiers, Judas' betrayal - so bitter to Jesus, Peter's denial and the disciples' flight. However, at the very hour of darkness, the hour of the prince of this world, (Cf. Jn 14:30.) The sacrifice of Christ secretly becomes the source from which the forgiveness of our sins will pour forth inexhaustibly. @@ -38363,10 +38363,10 @@ Catechism of the Catholic Church CCC 74 2568 In the Old Testament, the revelati Catechism of the Catholic Church CCC 74 2569 Prayer is lived in the first place beginning with the realities of creation. the first nine chapters of Genesis describe this relationship with God as an offering of the first-born of Abel's flock, as the invocation of the divine name at the time of Enosh, and as "walking with God. (Cf. Gen 4:4, 26; Gen 5:24.) Noah's offering is pleasing to God, who blesses him and through him all creation, because his heart was upright and undivided; Noah, like Enoch before him, "walks with God." (Gen 6:9; 8:20- 9:17.) This kind of prayer is lived by many righteous people in all religions. In his indefectible covenant with every living creature, (Gen 9:8-16.) God has always called people to prayer. But it is above all beginning with our father Abraham that prayer is revealed in the Old Testament. Catechism of the Catholic Church CCC 74 2570 When God calls him, Abraham goes forth "as the Lord had told him"; (Gen 12:4.) Abraham's heart is entirely submissive to the Word and so he obeys. Such attentiveness of the heart, whose decisions are made according to God's will, is essential to prayer, while the words used count only in relation to it. Abraham's prayer is expressed first by deeds: a man of silence, he constructs an altar to the Lord at each stage of his journey. Only later does Abraham's first prayer in words appear: a veiled complaint reminding God of his promises which seem unfulfilled. (Cf. Gen 15:2 f.) Thus one aspect of the drama of prayer appears from the beginning: the test of faith in the fidelity of God. Catechism of the Catholic Church CCC 74 2571 Because Abraham believed in God and walked in his presence and in covenant with him, (Cf. Gen 15:6; 17:1 f.) The patriarch is ready to welcome a mysterious Guest into his tent. Abraham's remarkable hospitality at Mamre foreshadows the annunciation of the true Son of the promise. (Cf. Gen 18:1-15; Lk 1:26-38.) After that, once God had confided his plan, Abraham's heart is attuned to his Lord's compassion for men and he dares to intercede for them with bold confidence. (Cf. 18:16-33.) -Catechism of the Catholic Church CCC 74 2572 As a final stage in the purification of his faith, Abraham, "who had received the promises," (Heb 11:17.) is asked to sacrifice the son God had given him. Abraham's faith does not weaken ("God himself will provide the lamb for a burnt offering."), for he "considered that God was able to raise men even from the dead." (Gen 22:8; Heb 11:19) and so the father of believers is conformed to the likeness of the Father who will not spare his own Son but wiLl deliver him up for us all. (Rom 8:32.) Prayer restores man to God's likeness and enables him to share in the power of God's love that saves the multitude. (Cf. Rom 8:16-21.) +Catechism of the Catholic Church CCC 74 2572 As a final stage in the purification of his faith, Abraham, "who had received the promises," (Heb 11:17.) is asked to sacrifice the son God had given him. Abraham's faith does not weaken ("God himself will provide the lamb for a burnt offering."), for he "considered that God was able to raise men even from the dead." (Gen 22:8; Heb 11:19) and so the father of believers is conformed to the likeness of the Father who will not spare his own Son but will deliver him up for us all. (Rom 8:32.) Prayer restores man to God's likeness and enables him to share in the power of God's love that saves the multitude. (Cf. Rom 8:16-21.) Catechism of the Catholic Church CCC 74 2573 God renews his promise to Jacob, the ancestor of the twelve tribes of Israel. (Cf. Gen 28:10-22.) Before confronting his elder brother Esau, Jacob wrestles all night with a mysterious figure who refuses to reveal his name, but he blesses him before leaving him at dawn. From this account, the spiritual tradition of the Church has retained the symbol of prayer as a battle of faith and as the triumph of perseverance. (Cf. Gen 32:24-30; Lk 18:1-8.) Catechism of the Catholic Church CCC 74 2574 Once the promise begins to be fulfilled (Passover, the Exodus, the gift of the Law, and the ratification of the covenant), the prayer of Moses becomes the most striking example of intercessory prayer, which will be fulfilled in "the one mediator between God and men, the man Christ Jesus." (1 Tim 2:5.) -Catechism of the Catholic Church CCC 74 2575 Here again the initiative is God's. From the midst of the burning bush he calls Moses. (Ex 3:1-10.) This event will remain one of the primordial images of prayer in the spiritual tradition of Jews and Christians alike. When "the God of Abraham, of Isaac, and of Jacob" calls Moses to be his servant, it is because he is the living God who wants men to live. God reveals himself in order to save them, though he does not do this alone or despite them: he caLls Moses to be his messenger, an associate in his compassion, his work of salvation. There is something of a divine plea in this mission, and only after long debate does Moses attune his own will to that of the Savior God. But in the dialogue in which God confides in him, Moses also learns how to pray: he balks, makes excuses, above all questions: and it is in response to his question that the Lord confides his ineffable name, which will be revealed through his mighty deeds. +Catechism of the Catholic Church CCC 74 2575 Here again the initiative is God's. From the midst of the burning bush he calls Moses. (Ex 3:1-10.) This event will remain one of the primordial images of prayer in the spiritual tradition of Jews and Christians alike. When "the God of Abraham, of Isaac, and of Jacob" calls Moses to be his servant, it is because he is the living God who wants men to live. God reveals himself in order to save them, though he does not do this alone or despite them: he calls Moses to be his messenger, an associate in his compassion, his work of salvation. There is something of a divine plea in this mission, and only after long debate does Moses attune his own will to that of the Savior God. But in the dialogue in which God confides in him, Moses also learns how to pray: he balks, makes excuses, above all questions: and it is in response to his question that the Lord confides his ineffable name, which will be revealed through his mighty deeds. Catechism of the Catholic Church CCC 74 2576 "Thus the Lord used to speak to Moses face to face, as a man speaks to his friend." (Ex 33:11.) Moses' prayer is characteristic of contemplative prayer by which God's servant remains faithful to his mission. Moses converses with God often and at length, climbing the mountain to hear and entreat him and coming down to the people to repeat the words of his God for their guidance. Moses "is entrusted with all my house. With him I speak face to face, clearly, not in riddles," for "Moses was very humble, more so than anyone else on the face of the earth." (Num 12:3,7-8.) Catechism of the Catholic Church CCC 74 2577 From this intimacy with the faithful God, slow to anger and abounding in steadfast love, (Cf. Ex 34:6.) Moses drew strength and determination for his intercession. He does not pray for himself but for the people whom God made his own. Moses already intercedes for them during the battle with the Amalekites and prays to obtain healing for Miriam. (Cf. Ex 17:8-12; Num 12:13-14.) But it is chiefly after their apostasy that Moses "stands in the breach" before God in order to save the people. (Ps 106:23; cf. Ex 32:1- 34:9.) The arguments of his prayer - for intercession is also a mysterious battle - will inspire the boldness of the great intercessors among the Jewish people and in the Church: God is love; he is therefore righteous and faithful; he cannot contradict himself; he must remember his marvellous deeds, since his glory is at stake, and he cannot forsake this people that bears his name. Catechism of the Catholic Church CCC 74 2578 The prayer of the People of God flourishes in the shadow of God's dwelling place, first the ark of the covenant and later the Temple. At first the leaders of the people - the shepherds and the prophets - teach them to pray. the infant Samuel must have learned from his mother Hannah how "to stand before the LORD" and from the priest Eli how to listen to his word: "Speak, LORD, for your servant is listening." (1 Sam 3:9-10; cf. 1:9-18.) Later, he will also know the cost and consequence of intercession: "Moreover, as for me, far be it from me that I should sin against the LORD by ceasing to pray for you; and I will instruct you in the good and the right way." (1 Sam 12:23.) @@ -38663,7 +38663,7 @@ Code of Canon Law Can 75 3 1 The canons of the Code neither abrogate nor derogat Code of Canon Law Can 75 4 1 Acquired rights and privileges granted to physical or juridic persons up to this time by the Apostolic See remain intact if they are in use and have not been revoked, unless the canons of this Code expressly revoke them. Code of Canon Law Can 75 5 1 Universal or particular customs presently in force which are contrary to the prescripts of these canons and are reprobated by the canons of this Code are absolutely suppressed and are not permitted to revive in the future. Other contrary customs are also considered suppressed unless the Code expressly provides otherwise or unless they are centenary or immemorial customs which can be tolerated if, in the judgment of the ordinary, they cannot be removed due to the circumstances of places and persons. Code of Canon Law Can 75 5 2 Universal or particular customs beyond the law (praeter ius) which are in force until now are preserved. -Code of Canon Law Can 75 6 1 When this Code takes force, the following are abrogated: 1/ the Code of Canon Law promulgated in 1917; 2/ other universal or particular laws contrary to the prescripts of this Code unless other provision is expressly made for particular laws; 3/ any universal or particular penal laws whatsoever issued by the Apostolic See unless they are contained in this Code; 4/ other universal disciplinary laws regarding matter which this Code completely reorders. +Code of Canon Law Can 75 6 1 When this Code takes force, the following are abrogated: 1) the Code of Canon Law promulgated in 1917; 2) other universal or particular laws contrary to the prescripts of this Code unless other provision is expressly made for particular laws; 3) any universal or particular penal laws whatsoever issued by the Apostolic See unless they are contained in this Code; 4) other universal disciplinary laws regarding matter which this Code completely reorders. Code of Canon Law Can 75 6 2 Insofar as they repeat former law, the canons of this Code must be assessed also in accord with canonical tradition. Code of Canon Law Can 75 7 1 A law is established when it is promulgated. Code of Canon Law Can 75 8 1 Universal ecclesiastical laws are promulgated by publication in the official commentary, Acta Apostolicae Sedis, unless another manner of promulgation has been prescribed in particular cases. They take force only after three months have elapsed from the date of that issue of the Acta unless they bind immediately from the very nature of the matter, or the law itself has specifically and expressly established a shorter or longer suspensive period (vacatio). @@ -38675,7 +38675,7 @@ Code of Canon Law Can 75 12 1 Universal laws bind everywhere all those for whom Code of Canon Law Can 75 12 2 All who are actually present in a certain territory, however, are exempted from universal laws which are not in force in that territory. Code of Canon Law Can 75 12 3 Laws established for a particular territory bind those for whom they were issued as well as those who have a domicile or quasi-domicile there and who at the same time are actually residing there, without prejudice to the prescript of can. 13. Code of Canon Law Can 75 13 1 Particular laws are not presumed to be personal but territorial unless it is otherwise evident. -Code of Canon Law Can 75 13 2 Travelers are not bound: 1/ by the particular laws of their own territory as long as they are absent from it unless either the transgression of those laws causes harm in their own territory or the laws are personal; 2/ by the laws of the territory in which they are present, with the exception of those laws which provide for public order, which determine the formalities of acts, or which regard immovable goods located in the territory. +Code of Canon Law Can 75 13 2 Travelers are not bound: 1) by the particular laws of their own territory as long as they are absent from it unless either the transgression of those laws causes harm in their own territory or the laws are personal; 2) by the laws of the territory in which they are present, with the exception of those laws which provide for public order, which determine the formalities of acts, or which regard immovable goods located in the territory. Code of Canon Law Can 75 13 3 Transients are bound by both universal and particular laws which are in force in the place where they are present. Code of Canon Law Can 75 14 1 Laws, even invalidating and disqualifying ones, do not oblige when there is a doubt about the law. When there is a doubt about a fact, however, ordinaries can dispense from laws provided that, if it concerns a reserved dispensation, the authority to whom it is reserved usually grants it. Code of Canon Law Can 75 15 1 Ignorance or error about invalidating or disqualifying laws does not impede their effect unless it is expressly established otherwise. @@ -38818,7 +38818,7 @@ Code of Canon Law Can 75 109 2 It is so computed that those who are blood relati Code of Canon Law Can 75 110 1 Children who have been adopted according to the norm of civil law are considered the children of the person or persons who have adopted them. Code of Canon Law Can 75 111 1 Through the reception of baptism, the child of parents who belong to the Latin Church is enrolled in it, or, if one or the other does not belong to it, both parents have chosen by mutual agreement to have the offspring baptized in the Latin Church. If there is no mutual agreement, however, the child is enrolled in the ritual Church to which the father belongs. Code of Canon Law Can 75 111 2 Anyone to be baptized who has completed the fourteenth year of age can freely choose to be baptized in the Latin Church or in another ritual Church sui iuris; in that case, the person belongs to the Church which he or she has chosen. -Code of Canon Law Can 75 112 1 After the reception of baptism, the following are enrolled in another ritual Church sui iuris: 1/ a person who has obtained permission from the Apostolic See; 2/ a spouse who, at the time of or during marriage, has declared that he or she is transferring to the ritual Church sui iuris of the other spouse; when the marriage has ended, however, the person can freely return to the Latin Church; 3/ before the completion of the fourteenth year of age, the children of those mentioned in nn. 1 and 2 as well as, in a mixed marriage, the children of the Catholic party who has legitimately transferred to another ritual Church; on completion of their fourteenth year, however, they can return to the Latin Church. +Code of Canon Law Can 75 112 1 After the reception of baptism, the following are enrolled in another ritual Church sui iuris: 1) a person who has obtained permission from the Apostolic See; 2) a spouse who, at the time of or during marriage, has declared that he or she is transferring to the ritual Church sui iuris of the other spouse; when the marriage has ended, however, the person can freely return to the Latin Church; 3) before the completion of the fourteenth year of age, the children of those mentioned in nn. 1 and 2 as well as, in a mixed marriage, the children of the Catholic party who has legitimately transferred to another ritual Church; on completion of their fourteenth year, however, they can return to the Latin Church. Code of Canon Law Can 75 112 2 The practice, however prolonged, of receiving the sacraments according to the rite of another ritual Church sui iuris does not entail enrollment in that Church. Code of Canon Law Can 75 113 1 The Catholic Church and the Apostolic See have the character of a moral person by divine ordinance itself. Code of Canon Law Can 75 113 2 In the Church, besides physical persons, there are also juridic persons, that is, subjects in canon law of obligations and rights which correspond to their nature. @@ -38832,11 +38832,11 @@ Code of Canon Law Can 75 116 1 Public juridic persons are aggregates of persons Code of Canon Law Can 75 116 2 Public juridic persons are given this personality either by the law itself or by a special decree of competent authority expressly granting it. Private juridic persons are given this personality only through a special decree of competent authority expressly granting it. Code of Canon Law Can 75 117 1 No aggregate of persons (universitas personarum) or of things (universitas rerum), intending to obtain juridic personality, is able to acquire it unless competent authority has approved its statutes. Code of Canon Law Can 75 118 1 Representing a public juridic person and acting in its name are those whose competence is acknowledged by universal or particular law or by its own statutes. Representing a private juridic person are those whose competence is granted by statute. -Code of Canon Law Can 75 119 1 With regard to collegial acts, unless the law or statutes provide otherwise: 1/ if it concerns elections, when the majority of those who must be convoked are present, that which is approved by the absolute majority of those present has the force of law; after two indecisive ballots, a vote is to be taken on the two candidates who have obtained the greater number of votes or, if there are several, on the two senior in age; after the third ballot, if a tie remains, the one who is senior in age is considered elected; 2/ if it concerns other affairs, when an absolute majority of those who must be convoked are present, that which is approved by the absolute majority of those present has the force of law; if after two ballots the votes are equal, the one presiding can break the tie by his or her vote; 3/ what touches all as individuals, however, must be approved by all. +Code of Canon Law Can 75 119 1 With regard to collegial acts, unless the law or statutes provide otherwise: 1) if it concerns elections, when the majority of those who must be convoked are present, that which is approved by the absolute majority of those present has the force of law; after two indecisive ballots, a vote is to be taken on the two candidates who have obtained the greater number of votes or, if there are several, on the two senior in age; after the third ballot, if a tie remains, the one who is senior in age is considered elected; 2) if it concerns other affairs, when an absolute majority of those who must be convoked are present, that which is approved by the absolute majority of those present has the force of law; if after two ballots the votes are equal, the one presiding can break the tie by his or her vote; 3) what touches all as individuals, however, must be approved by all. Code of Canon Law Can 75 120 1 A juridic person is perpetual by its nature; nevertheless, it is extinguished if it is legitimately suppressed by competent authority or has ceased to act for a hundred years. A private juridic person, furthermore, is extinguished if the association is dissolved according to the norm of its statutes or if, in the judgment of competent authority, the foundation has ceased to exist according to the norm of its statutes. Code of Canon Law Can 75 120 2 If even one of the members of a collegial juridic person survives, and the aggregate of persons (universitas personarum) has not ceased to exist according to its statutes, that member has the exercise of all the rights of the aggregate (universitas). Code of Canon Law Can 75 121 1 If aggregates of persons (universitates personarum) or of things (universitates rerum), which are public juridic persons, are so joined that from them one aggregate (universitas) is constituted which also possesses juridic personality, this new juridic person obtains the goods and patrimonial rights proper to the prior ones and assumes the obligations with which they were burdened. With regard to the allocation of goods in particular and to the fulfillment of obligations, however, the intention of the founders and donors as well as acquired rights must be respected. -Code of Canon Law Can 75 122 1 If an aggregate (universitas) which possesses public juridic personality is so divided either that a part of it is united with another juridic person or that a distinct public juridic person is erected from the separated part, the ecclesiastical authority competent to make the division, having observed before all else the intention of the founders and donors, the acquired rights, and the approved statutes, must take care personally or through an executor: 1/ that common, divisible, patrimonial goods and rights as well as debts and other obligations are divided among the juridic persons concerned, with due proportion in equity and justice, after all the circumstances and needs of each have been taken into account; 2/ that the use and usufruct of common goods which are not divisible accrue to each juridic person and that the obligations proper to them are imposed upon each, in due proportion determined in equity and justice. +Code of Canon Law Can 75 122 1 If an aggregate (universitas) which possesses public juridic personality is so divided either that a part of it is united with another juridic person or that a distinct public juridic person is erected from the separated part, the ecclesiastical authority competent to make the division, having observed before all else the intention of the founders and donors, the acquired rights, and the approved statutes, must take care personally or through an executor: 1) that common, divisible, patrimonial goods and rights as well as debts and other obligations are divided among the juridic persons concerned, with due proportion in equity and justice, after all the circumstances and needs of each have been taken into account; 2) that the use and usufruct of common goods which are not divisible accrue to each juridic person and that the obligations proper to them are imposed upon each, in due proportion determined in equity and justice. Code of Canon Law Can 75 123 1 Upon the extinction of a public juridic person, the allocation of its goods, patrimonial rights, and obligations is governed by law and its statutes; if these give no indication, they go to the juridic person immediately superior, always without prejudice to the intention of the founders and donors and acquired rights. Upon the extinction of a private juridic person, the allocation of its goods and obligations is governed by its own statutes. Code of Canon Law Can 75 124 1 For the validity of a juridic act it is required that the act is placed by a qualified person and includes those things which essentially constitute the act itself as well as the formalities and requirements imposed by law for the validity of the act. Code of Canon Law Can 75 124 2 A juridic act placed correctly with respect to its external elements is presumed valid. @@ -38844,7 +38844,7 @@ Code of Canon Law Can 75 125 1 An act placed out of force inflicted on a person Code of Canon Law Can 75 125 2 An act placed out of grave fear, unjustly inflicted, or out of malice is valid unless the law provides otherwise. It can be rescinded, however, through the sentence of a judge, either at the instance of the injured party or of the party's successors in law, or ex officio. Code of Canon Law Can 75 126 1 An act placed out of ignorance or out of error concerning something which constitutes its substance or which amounts to a condition sine qua non is invalid. Otherwise it is valid unless the law makes other provision. An act entered into out of ignorance or error, however, can give rise to a rescissory action according to the norm of law. Code of Canon Law Can 75 127 1 When it is established by law that in order to place acts a superior needs the consent or counsel of some college or group of persons, the college or group must be convoked according to the norm of can. 166 unless, when it concerns seeking counsel only, particular or proper law provides otherwise. For such acts to be valid, however, it is required that the consent of an absolute majority of those present is obtained or that the counsel of all is sought. -Code of Canon Law Can 75 127 2 When it is established by law that in order to place acts a superior needs the consent or counsel of certain persons as individuals: 1/ if consent is required, the act of a superior who does not seek the consent of those persons or who acts contrary to the opinion of all or any of them is invalid; 2/ if counsel is required, the act of a superior who does not hear those persons is invalid; although not obliged to accept their opinion even if unanimous, a superior is nonetheless not to act contrary to that opinion, especially if unanimous, without a reason which is overriding in the superior's judgment. +Code of Canon Law Can 75 127 2 When it is established by law that in order to place acts a superior needs the consent or counsel of certain persons as individuals: 1) if consent is required, the act of a superior who does not seek the consent of those persons or who acts contrary to the opinion of all or any of them is invalid; 2) if counsel is required, the act of a superior who does not hear those persons is invalid; although not obliged to accept their opinion even if unanimous, a superior is nonetheless not to act contrary to that opinion, especially if unanimous, without a reason which is overriding in the superior's judgment. Code of Canon Law Can 75 127 3 All whose consent or counsel is required are obliged to offer their opinion sincerely and, if the gravity of the affair requires it, to observe secrecy diligently; moreover, the superior can insist upon this obligation. Code of Canon Law Can 75 128 1 Whoever illegitimately inflicts damage upon someone by a juridic act or by any other act placed with malice or negligence is obliged to repair the damage inflicted. Code of Canon Law Can 75 129 1 Those who have received sacred orders are qualified, according to the norm of the prescripts of the law, for the power of governance, which exists in the Church by divine institution and is also called the power of jurisdiction. @@ -38919,9 +38919,9 @@ Code of Canon Law Can 75 167 2 If one of the electors is present in the house wh Code of Canon Law Can 75 168 1 Even if a person has the right to vote in his or her own name under several titles, the person can vote only once. Code of Canon Law Can 75 169 1 For an election to be valid, no one can be admitted to vote who does not belong to the college or group. Code of Canon Law Can 75 170 1 An election whose freedom actually has been impeded in any way is invalid by the law itself. -Code of Canon Law Can 75 171 1 The following are effected to vote: 1/ a person incapable of a human act; 2/ a person who lacks active voice; 3/ a person under a penalty of excommunication whether through a judicial sentence or through a decree by which a penalty is imposed or declared; 4/ a person who has defected notoriously from the communion of the Church. +Code of Canon Law Can 75 171 1 The following are effected to vote: 1) a person incapable of a human act; 2) a person who lacks active voice; 3) a person under a penalty of excommunication whether through a judicial sentence or through a decree by which a penalty is imposed or declared; 4) a person who has defected notoriously from the communion of the Church. Code of Canon Law Can 75 171 2 If one of the above is admitted, the person's vote is null, but the election is valid unless it is evident that, with that vote subtracted, the one elected did not receive the required number of votes. -Code of Canon Law Can 75 172 1 To be valid, a vote must be: 1/ free; therefore the vote of a person who has been coerced directly or indirectly by grave fear or malice to vote for a certain person or different persons separately is invalid; 2/ secret, certain, absolute, determined. +Code of Canon Law Can 75 172 1 To be valid, a vote must be: 1) free; therefore the vote of a person who has been coerced directly or indirectly by grave fear or malice to vote for a certain person or different persons separately is invalid; 2) secret, certain, absolute, determined. Code of Canon Law Can 75 172 2 Conditions attached to a vote before the election are to be considered as not having been added. Code of Canon Law Can 75 173 1 Before an election begins, at least two tellers are to be designated from the membership of the college or group. Code of Canon Law Can 75 173 2 The tellers are to collect the votes, to examine in the presence of the one presiding offer the election whether the number of ballots corresponds to the number of electors, to count the votes themselves, and to announce openly how many votes each person has received. @@ -38930,7 +38930,7 @@ Code of Canon Law Can 75 173 4 All the acts of an election are to be transcribed Code of Canon Law Can 75 174 1 Unless the law or the statutes provide otherwise, an election can also be done by compromise, provided that the electors, by unanimous and written consent, transfer the right to elect on that occasion to one or more suitable persons, whether from among the membership or outside it, who are to elect in the name of all by virtue of the faculty received. Code of Canon Law Can 75 174 2 If it concerns a college or group composed of clerics alone, those commissioned must be ordained; otherwise the election is invalid. Code of Canon Law Can 75 174 3 Those commissioned must observe the prescripts of the law concerning elections and, for the validity of the election, the conditions attached to the compromise agreement which are not contrary to the law; conditions contrary to the law, however, are to be considered as not having been attached. -Code of Canon Law Can 75 175 1 The compromise ceases and the right to vote returns to those authorizing the compromise: 1/ by revocation by the college or group before any action was taken; 2/ if some condition attached to the compromise agreement was not fulfilled; 3/ if the election had been completed but was null. +Code of Canon Law Can 75 175 1 The compromise ceases and the right to vote returns to those authorizing the compromise: 1) by revocation by the college or group before any action was taken; 2) if some condition attached to the compromise agreement was not fulfilled; 3) if the election had been completed but was null. Code of Canon Law Can 75 176 1 Unless the law or the statutes provide otherwise, the person who has received the required number of votes according to the norm of can. 119, n. 1 is considered elected and is to be announced as such by the one presiding offer the college or group. Code of Canon Law Can 75 177 1 An election must be communicated immediately to the person elected who must inform the one presiding offer the college or group whether or not he or she accepts the election within eight useful days after receiving the notification; otherwise, the election has no effect. Code of Canon Law Can 75 177 2 If the one elected has not accepted, the person loses every right deriving from the election and does not regain any right by subsequent acceptance but can be elected again. A college or group, however, must proceed to a new election within a month from notifcation of non-acceptance. @@ -38956,7 +38956,7 @@ Code of Canon Law Can 75 184 2 An ecclesiastical office is not lost by the expir Code of Canon Law Can 75 184 3 Loss of an office which has taken effect is to be made known as soon as possible to all those who have some right offer the provision of the office. Code of Canon Law Can 75 185 1 The title of emeritus can be conferred upon a person who loses an office by reason of age or of resignation which has been accepted. Code of Canon Law Can 75 186 1 Loss of an office by the lapse of a predetermined time or by the reaching of a certain age takes effect only from the moment when the competent authority communicates it in writing. -Code of Canon Law Can 75 187 1 Anyone responsible for oneself (sui compos) can resign from an ecclesiastical ofWce for a just cause. +Code of Canon Law Can 75 187 1 Anyone responsible for oneself (sui compos) can resign from an ecclesiastical office for a just cause. Code of Canon Law Can 75 188 1 A resignation made out of grave fear that is inflicted unjustly or out of malice, substantial error, or simony is invalid by the law itself. Code of Canon Law Can 75 189 1 To be valid, a resignation, whether it requires acceptance or not, must be made to the authority to whom it pertains to make provision of the office in question; this must be done either in writing, or orally in the presence of two witnesses. Code of Canon Law Can 75 189 2 The authority is not to accept a resignation which is not based on a just and proportionate cause. @@ -38972,14 +38972,14 @@ Code of Canon Law Can 75 193 1 A person cannot be removed from an office conferr Code of Canon Law Can 75 193 2 The same is valid for the removal of a person from an office conferred for a definite period of time before this time has elapsed, without prejudice to the prescript of can. 624, sec. 3. Code of Canon Law Can 75 193 3 A person upon whom an office is conferred at the prudent discretion of a competent authority according to the prescripts of the law can, upon the judgment of the same authority, be removed from that office for a just cause. Code of Canon Law Can 75 193 4 To take effect, the decree of removal must be communicated in writing. -Code of Canon Law Can 75 194 1 The following are removed from an ecclesiastical office by the law itself: 1/ a person who has lost the clerical state; 2/ a person who has publicly defected from the Catholic faith or from the communion of the Church; 3/ a cleric who has attempted marriage even if only civilly. +Code of Canon Law Can 75 194 1 The following are removed from an ecclesiastical office by the law itself: 1) a person who has lost the clerical state; 2) a person who has publicly defected from the Catholic faith or from the communion of the Church; 3) a cleric who has attempted marriage even if only civilly. Code of Canon Law Can 75 194 2 The removal mentioned in nn. 2 and 3 can be enforced only if it is established by the declaration of a competent authority. Code of Canon Law Can 75 195 1 If a person is removed not by the law itself but by a decree of competent authority from an office which provides the person's support, the same authority is to take care that the support is provided for a suitable period, unless other provision is made. Code of Canon Law Can 75 196 1 Privation from office, namely, a penalty for a delict, can be done only according to the norm of law. Code of Canon Law Can 75 196 2 Privation takes effect according to the prescripts of the canons on penal law. Code of Canon Law Can 75 197 1 The Church receives prescription as it is in the civil legislation of the nation in question, without prejudice to the exceptions which are established in the canons of this Code; prescription is a means of acquiring or losing a subjective right as well as of freeing oneself from obligations. Code of Canon Law Can 75 198 1 No prescription is valid unless it is based in good faith not only at the beginning but through the entire course of time required for prescription, without prejudice to the prescript of Can. 1362. -Code of Canon Law Can 75 199 1 The following are not subject to prescription: 1/ rights and obligations which are of the divine natural or positive law; 2/ rights which can be obtained from apostolic privilege alone; 3/ rights and obligations which directly regard the spiritual life of the Christian faithful; 4/ the certain and undoubted boundaries of ecclesiastical territories; 5/ Mass offerings and obligations; 6/ provision of an ecclesiastical office which, according to the norm of law, requires the exercise of a sacred order; 7/ the right of visitation and the obligation of obedience, in such a way that the Christian faithful cannot be visited by any ecclesiastical authority or are no longer subject to any authority. +Code of Canon Law Can 75 199 1 The following are not subject to prescription: 1) rights and obligations which are of the divine natural or positive law; 2) rights which can be obtained from apostolic privilege alone; 3) rights and obligations which directly regard the spiritual life of the Christian faithful; 4) the certain and undoubted boundaries of ecclesiastical territories; 5) Mass offerings and obligations; 6) provision of an ecclesiastical office which, according to the norm of law, requires the exercise of a sacred order; 7) the right of visitation and the obligation of obedience, in such a way that the Christian faithful cannot be visited by any ecclesiastical authority or are no longer subject to any authority. Code of Canon Law Can 75 200 1 Unless the law expressly provides otherwise, time is to be computed according to the norm of the following canons. Code of Canon Law Can 75 201 1 Continuous time is understood as that which undergoes no interruption. Code of Canon Law Can 75 201 2 Useful time is understood as that which a person has to exercise or to pursue a right, so that it does not run for a person who is unaware or unable to act. @@ -39040,7 +39040,7 @@ Code of Canon Law Can 75 234 1 Minor seminaries and other similar institutions a Code of Canon Law Can 75 234 2 Unless in certain cases circumstances indicate otherwise, young men disposed to the priesthood are to be provided with that formation in the humanities and science by which the youth in their own region are prepared to pursue higher studies. Code of Canon Law Can 75 235 1 Young men who intend to enter the priesthood are to be provided with a suitable spiritual formation and prepared for their proper duties in a major seminary throughout the entire time of formation or, if in the judgment of the diocesan bishop circumstances demand it, for at least four years. Code of Canon Law Can 75 235 2 The diocesan bishop is to entrust those who legitimately reside outside a seminary to a devout and suitable priest who is to be watchful that they are carefully formed in the spiritual life and in discipline. -Code of Canon Law Can 75 236 1 According to the prescripts of the conference of bishops, those aspiring to the permanent diaconate are to be formed to nourish a spiritual life and instructed to fulfill correctly the duties proper to that order: 1/ young men are to live at least three years in some special house unless the diocesan bishop has established otherwise for grave reasons; 2/ men of a more mature age, whether celibate or married, are to spend three years in a program defined by the conference of bishops. +Code of Canon Law Can 75 236 1 According to the prescripts of the conference of bishops, those aspiring to the permanent diaconate are to be formed to nourish a spiritual life and instructed to fulfill correctly the duties proper to that order: 1) young men are to live at least three years in some special house unless the diocesan bishop has established otherwise for grave reasons; 2) men of a more mature age, whether celibate or married, are to spend three years in a program defined by the conference of bishops. Code of Canon Law Can 75 237 1 Where it is possible and expedient, there is to be a major seminary in every diocese; otherwise, the students who are preparing for the sacred ministries are to be entrusted to another seminary, or an interdiocesan seminary is to be erected. Code of Canon Law Can 75 237 2 An interdiocesan seminary is not to be erected unless the conference of bishops, if the seminary is for its entire territory, or the bishops involved have obtained the prior approval of the Apostolic See for both the erection of the seminary and its statutes. Code of Canon Law Can 75 238 1 Seminaries legitimately erected possess juridic personality in the Church by the law itself. @@ -39074,7 +39074,7 @@ Code of Canon Law Can 75 252 1 Theological instruction is to be imparted in the Code of Canon Law Can 75 252 2 Students are to be instructed in sacred scripture with special diligence in such a way that they acquire a comprehensive view of the whole of sacred scripture. Code of Canon Law Can 75 252 3 There are to be classes in dogmatic theology, always grounded in the written word of God together with sacred tradition; through these, students are to learn to penetrate more intimately the mysteries of salvation, especially with St. Thomas as a teacher. There are also to be classes in moral and pastoral theology, canon law, liturgy, ecclesiastical history, and other auxiliary and special disciplines, according to the norm of the prescripts of the program of priestly formation. Code of Canon Law Can 75 253 1 The bishop or bishops concerned are to appoint to the function of teacher in philosophical, theological, and juridic disciplines only those who are outstanding in virtue and have obtained a doctorate or licentiate from a university or faculty recognized by the Holy See. -Code of Canon Law Can 75 253 2 Care is to be taken that diVerent teachers are appointed to teach sacred scripture, dogmatic theology, moral theology, liturgy, philosophy, canon law, ecclesiastical history, and other disciplines which must be taught according to their proper methodology. +Code of Canon Law Can 75 253 2 Care is to be taken that different teachers are appointed to teach sacred scripture, dogmatic theology, moral theology, liturgy, philosophy, canon law, ecclesiastical history, and other disciplines which must be taught according to their proper methodology. Code of Canon Law Can 75 253 3 The authority mentioned in sec. 1 is to remove a teacher who is gravely deficient in his or her function. Code of Canon Law Can 75 254 1 In giving instruction in their disciplines, teachers are to have a constant concern for the intimate unity and harmony of the entire doctrine of the faith so that students find that they learn one science. For this to be realized more suitably, there is to be someone in the seminary who directs the entire curriculum of studies. Code of Canon Law Can 75 254 2 Students are to be instructed in such a way that they also become qualified to examine questions by their own appropriate research and with scientific methodology; therefore, there are to be assignments in which the students learn to pursue certain studies through their own efforts under the direction of the teachers. @@ -39101,7 +39101,7 @@ Code of Canon Law Can 75 267 1 For a cleric already incardinated to be incardina Code of Canon Law Can 75 267 2 Excardination thus granted does not take effect unless incardination in another particular church has been obtained. Code of Canon Law Can 75 268 1 A cleric who has legitimately moved from his own particular church to another is incardinated in the latter particular church by the law itself after Five years if he has made such a desire known in writing both to the diocesan bishop of the host church and to his own diocesan bishop and neither of them has expressed opposition in writing to him within four months of receiving the letter. Code of Canon Law Can 75 268 2 Through perpetual or definitive admission into an institute of consecrated life or into a society of apostolic life, a cleric who is incardinated in the same institute or society according to the norm of can. 266, sec. 2 is excardinated from his own particular church. -Code of Canon Law Can 75 269 1 A diocesan bishop is not to allow the incardination of a cleric unless: 1/ the necessity or advantage of his own particular church demands it, and without prejudice to the prescripts of the law concerning the decent support of clerics; 2/ he knows by a lawful document that excardination has been granted, and has also obtained from the excardinating bishop, under secrecy if need be, appropriate testimonials concerning the cleric's life, behavior and studies; 3/ the cleric has declared in writing to the same diocesan bishop that he wishes to be dedicated to the service of the new particular church according to the norm of law. +Code of Canon Law Can 75 269 1 A diocesan bishop is not to allow the incardination of a cleric unless: 1) the necessity or advantage of his own particular church demands it, and without prejudice to the prescripts of the law concerning the decent support of clerics; 2) he knows by a lawful document that excardination has been granted, and has also obtained from the excardinating bishop, under secrecy if need be, appropriate testimonials concerning the cleric's life, behavior and studies; 3) the cleric has declared in writing to the same diocesan bishop that he wishes to be dedicated to the service of the new particular church according to the norm of law. Code of Canon Law Can 75 270 1 Excardination can be licitly granted only for just causes such as the advantage of the Church or the good of the cleric himself. It cannot be denied, however, except for evident, grave causes. A cleric who thinks he has been wronged and has found an accepting bishop, however, is permitted to make recourse against the decision. Code of Canon Law Can 75 271 1 Apart from the case of true necessity of his own particular church, a diocesan bishop is not to deny permission to clerics, whom he knows are prepared and considers suitable and who request it, to move to regions laboring under a grave lack of clergy where they will exercise the sacred ministry. He is also to make provision that the rights and duties of these clerics are determined through a written agreement with the diocesan bishop of the place they request. Code of Canon Law Can 75 271 2 A diocesan bishop can grant permission for his clerics to move to another particular church for a predetermined time, which can even be renewed several times. Nevertheless, this is to be done so that these clerics remain incardinated in their own particular church and, when they return to it, possess all the rights which they would have had if they had been dedicated to the sacred ministry there. @@ -39113,7 +39113,7 @@ Code of Canon Law Can 75 274 2 Unless a legitimate impediment excuses them, cler Code of Canon Law Can 75 275 1 Since clerics all work for the same purpose, namely, the building up of the Body of Christ, they are to be united among themselves by a bond of brotherhood and prayer and are to strive for cooperation among themselves according to the prescripts of particular law. Code of Canon Law Can 75 275 2 Clerics are to acknowledge and promote the mission which the laity, each for his or her part, exercise in the Church and in the world. Code of Canon Law Can 75 276 1 In leading their lives, clerics are bound in a special way to pursue holiness since, having been consecrated to God by a new title in the reception of orders, they are dispensers of the mysteries of God in the service of His people. -Code of Canon Law Can 75 276 2 In order to be able to pursue this perfection: 1/ they are first of all to fulfill faithfully and tirelessly the duties of the pastoral ministry; 2/ they are to nourish their spiritual life from the two-fold table of sacred scripture and the Eucharist; therefore, priests are earnestly invited to offer the eucharistic sacrifice daily and deacons to participate in its offering daily; 3/ priests and deacons aspiring to the presbyterate are obliged to carry out the liturgy of the hours daily according to the proper and approved liturgical books; permanent deacons, however, are to carry out the same to the extent defined by the conference of bishops; 4/ they are equally bound to make time for spiritual retreats according to the prescripts of particular law; 5/ they are urged to engage in mental prayer regularly, to approach the sacrament of penance frequently, to honor the Virgin Mother of God with particular veneration, and to use other common and particular means of sanctification. +Code of Canon Law Can 75 276 2 In order to be able to pursue this perfection: 1) they are first of all to fulfill faithfully and tirelessly the duties of the pastoral ministry; 2) they are to nourish their spiritual life from the two-fold table of sacred scripture and the Eucharist; therefore, priests are earnestly invited to offer the eucharistic sacrifice daily and deacons to participate in its offering daily; 3) priests and deacons aspiring to the presbyterate are obliged to carry out the liturgy of the hours daily according to the proper and approved liturgical books; permanent deacons, however, are to carry out the same to the extent defined by the conference of bishops; 4) they are equally bound to make time for spiritual retreats according to the prescripts of particular law; 5) they are urged to engage in mental prayer regularly, to approach the sacrament of penance frequently, to honor the Virgin Mother of God with particular veneration, and to use other common and particular means of sanctification. Code of Canon Law Can 75 277 1 Clerics are obliged to observe perfect and perpetual continence for the sake of the kingdom of heaven and therefore are bound to celibacy which is a special gift of God by which sacred ministers can adhere more easily to Christ with an undivided heart and are able to dedicate themselves more freely to the service of God and humanity. Code of Canon Law Can 75 277 2 Clerics are to behave with due prudence towards persons whose company can endanger their obligation to observe continence or give rise to scandal among the faithful. Code of Canon Law Can 75 277 3 The diocesan bishop is competent to establish more specific norms concerning this matter and to pass judgment in particular cases concerning the observance of this obligation. @@ -39142,7 +39142,7 @@ Code of Canon Law Can 75 287 2 They are not to have an active part in political Code of Canon Law Can 75 288 1 The prescripts of cann. 284, 285, secs. 3 and 4, 286, and 287, sec. 2 do not bind permanent deacons unless particular law establishes otherwise. Code of Canon Law Can 75 289 1 Since military service is hardly in keeping with the clerical state, clerics and candidates for sacred orders are not to volunteer for military service except with the permission of their ordinary. Code of Canon Law Can 75 289 2 Clerics are to use exemptions from exercising functions and public civil offices foreign to the clerical state which laws and agreements or customs grant in their favor unless their proper ordinary has decided otherwise in particular cases. -Code of Canon Law Can 75 290 1 Once validly received, sacred ordination never becomes invalid. A cleric, nevertheless, loses the clerical state: 1/ by a judicial sentence or administrative decree, which declares the invalidity of sacred ordination; 2/ by a penalty of dismissal legitimately imposed; 3/ by rescript of the Apostolic See which grants it to deacons only for grave causes and to presbyters only for most grave causes. +Code of Canon Law Can 75 290 1 Once validly received, sacred ordination never becomes invalid. A cleric, nevertheless, loses the clerical state: 1) by a judicial sentence or administrative decree, which declares the invalidity of sacred ordination; 2) by a penalty of dismissal legitimately imposed; 3) by rescript of the Apostolic See which grants it to deacons only for grave causes and to presbyters only for most grave causes. Code of Canon Law Can 75 291 1 Apart from the case mentioned in can. 290, n. 1, loss of the clerical state does not entail a dispensation from the obligation of celibacy, which only the Roman Pontiff grants. Code of Canon Law Can 75 292 1 A cleric who loses the clerical state according to the norm of law loses with it the rights proper to the clerical state and is no longer bound by any obligations of the clerical state, without prejudice to the prescript of can. 291. He is prohibited from exercising the power of orders, without prejudice to the prescript of can. 976. By the loss of the clerical state, he is deprived of all offices, functions, and any delegated power. Code of Canon Law Can 75 293 1 A cleric who loses the clerical state cannot be enrolled among clerics again except through a rescript of the Apostolic See. @@ -39174,7 +39174,7 @@ Code of Canon Law Can 75 308 1 No one legitimately enrolled is to be dismissed f Code of Canon Law Can 75 309 1 According to the norm of law and the statutes, legitimately established associations have the right to issue particular norms respecting the association itself, to hold meetings, and to designate moderators, officials, other officers, and administrators of goods. Code of Canon Law Can 75 310 1 A private association which has not been established as a juridic person cannot, as such, be a subject of obligations and rights. Nevertheless, the members of the Christian faithful associated together in it can jointly contract obligations and can acquire and possess rights and goods as co-owners and co-possessors; they are able to exercise these rights and obligations through an agent or a proxy. Code of Canon Law Can 75 311 1 Members of institutes of consecrated life who preside over or assist associations in some way united to their institute are to take care that these associations give assistance to the works of the apostolate which already exist in a diocese, especially cooperating, under the direction of the local ordinary, with associations which are ordered to the exercise of the apostolate in the diocese. -Code of Canon Law Can 75 312 1 The authority competent to erect public associations is: 1/ the Holy See for universal and international associations; 2/ the conference of bishops in its own territory for national associations, that is, those which from their founding are directed toward activity throughout the whole nation; 3/ the diocesan bishop in his own territory, but not a diocesan administrator, for diocesan associations, except, however, for those associations whose right of erection has been reserved to others by apostolic privilege. +Code of Canon Law Can 75 312 1 The authority competent to erect public associations is: 1) the Holy See for universal and international associations; 2) the conference of bishops in its own territory for national associations, that is, those which from their founding are directed toward activity throughout the whole nation; 3) the diocesan bishop in his own territory, but not a diocesan administrator, for diocesan associations, except, however, for those associations whose right of erection has been reserved to others by apostolic privilege. Code of Canon Law Can 75 312 2 Written consent of the diocesan bishop is required for the valid erection of an association or section of an association in a diocese even if it is done by virtue of apostolic privilege. Nevertheless, the consent given by a diocesan bishop for the erection of a house of a religious institute is also valid for the erection in the same house or church attached to it of an association which is proper to that institute. Code of Canon Law Can 75 313 1 Through the same decree by which the competent ecclesiastical authority according to the norm of can. 312 erects it, a public association and even a confederation of public associations is constituted a juridic person and, to the extent it is required, receives a mission for the purposes which it proposes to pursue in the name of the Church. Code of Canon Law Can 75 314 1 The statutes of each public association and their revision or change need the approval of the ecclesiastical authority competent to erect the association according to the norm of can. 312, sec. 1. @@ -39228,7 +39228,7 @@ Code of Canon Law Can 75 341 1 The decrees of an ecumenical council do not have Code of Canon Law Can 75 341 2 To have obligatory force, decrees which the college of bishops issues when it places a truly collegial action in another way initiated or freely accepted by the Roman Pontiff need the same confirmation and promulgation. Code of Canon Law Can 75 342 1 The synod of bishops is a group of bishops who have been chosen from different regions of the world and meet together at fixed times to foster closer unity between the Roman Pontiff and bishops, to assist the Roman Pontiff with their counsel in the preservation and growth of faith and morals and in the observance and strengthening of ecclesiastical discipline, and to consider questions pertaining to the activity of the Church in the world. Code of Canon Law Can 75 343 1 It is for the synod of bishops to discuss the questions for consideration and express its wishes but not to resolve them or issue decrees about them unless in certain cases the Roman Pontiff has endowed it with deliberative power, in which case he ratifies the decisions of the synod. -Code of Canon Law Can 75 344 1 The synod of bishops is directly subject to the authority of the Roman Pontiff who: 1/ convokes a synod as often as it seems opportune to him and designates the place where its sessions are to be held; 2/ radios the election of members who must be elected according to the norm of special law and designates and appoints other members; 3/ determines at an appropriate time before the celebration of a synod the contents of the questions to be treated, according to the norm of special law; 4/ defines the agenda; 5/ presides at the synod personally or through others; 6/ concludes, transfers, suspends, and dissolves the synod. +Code of Canon Law Can 75 344 1 The synod of bishops is directly subject to the authority of the Roman Pontiff who: 1) convokes a synod as often as it seems opportune to him and designates the place where its sessions are to be held; 2) radios the election of members who must be elected according to the norm of special law and designates and appoints other members; 3) determines at an appropriate time before the celebration of a synod the contents of the questions to be treated, according to the norm of special law; 4) defines the agenda; 5) presides at the synod personally or through others; 6) concludes, transfers, suspends, and dissolves the synod. Code of Canon Law Can 75 345 1 The synod of bishops can be assembled in a general session, that is, one which treats matters that directly pertain to the good of the universal Church; such a session is either ordinary or extraordinary. It can also be assembled in a special session, namely, one which considers affairs that directly pertain to a determinate region or regions. Code of Canon Law Can 75 346 1 A synod of bishops assembled in an ordinary general session consists of members of whom the greater part are bishops elected for each session by the conferences of bishops according to the method determined by the special law of the synod; others are designated by virtue of the same law; others are appointed directly by the Roman Pontiff; to these are added some members of clerical religious institutes elected according to the norm of the same special law. Code of Canon Law Can 75 346 2 A synod of bishops gathered in an extraordinary general session to treat affairs which require a speedy solution consists of members of whom the greater part are bishops designated by the special law of the synod by reason of the office which they hold; others are appointed directly by the Roman Pontiff; to these are added some members of clerical religious institutes elected according to the norm of the same law. @@ -39268,10 +39268,10 @@ Code of Canon Law Can 75 361 1 In this Code, the term Apostolic See or Holy See Code of Canon Law Can 75 362 1 The Roman Pontiff has the innate and independent right to appoint, send, transfer, and recall his own legates either to particular churches in various nations or regions or to states and public authorities. The norms of international law are to be observed in what pertains to the mission and recall of legates appointed to states. Code of Canon Law Can 75 363 1 To the legates of the Roman Pontiff is entrusted the office of representing the Roman Pontiff in a stable manner to particular churches or also to the states and public authorities to which they are sent. Code of Canon Law Can 75 363 2 Those who are designated as delegates or observers in a pontifical mission at international councils or at conferences and meetings also represent the Apostolic See. -Code of Canon Law Can 75 364 1 The principal function of a pontifical legate is daily to make stronger and more effective the bonds of unity which exist between the Apostolic See and particular churches. Therefore, it pertains to the pontifical legate for his own jurisdiction: 1/ to send information to the Apostolic See concerning the conditions of particular churches and everything that touches the life of the Church and the good of souls; 2/ to assist bishops by action and counsel while leaving intact the exercise of their legitimate power; 3/ to foster close relations with the conference of bishops by offering it assistance in every way; 4/ regarding the nomination of bishops, to transmit or propose to the Apostolic See the names of candidates and to instruct the informational process concerning those to be promoted, according to the norms given by the Apostolic See; 5/ to strive to promote matters which pertain to the peace, progress, and cooperative effort of peoples; 6/ to collaborate with bishops so that suitable relations are fostered between the Catholic Church and other Churches or ecclesial communities, and even non-Christian religions; 7/ in associated action with bishops, to protect those things which pertain to the mission of the Church and the Apostolic See before the leaders of the state; 8/ in addition, to exercise the faculties and to fulfill other mandates which the Apostolic See entrusts to him. -Code of Canon Law Can 75 365 1 It is also the special function of a pontifical legate who at the same time acts as a legate to states according to the norms of international law: 1/ to promote and foster relations between the Apostolic See and the authorities of the state; 2/ to deal with questions which pertain to relations between Church and state and in a special way to deal with the drafting and implementation of concordats and other agreements of this type. +Code of Canon Law Can 75 364 1 The principal function of a pontifical legate is daily to make stronger and more effective the bonds of unity which exist between the Apostolic See and particular churches. Therefore, it pertains to the pontifical legate for his own jurisdiction: 1) to send information to the Apostolic See concerning the conditions of particular churches and everything that touches the life of the Church and the good of souls; 2) to assist bishops by action and counsel while leaving intact the exercise of their legitimate power; 3) to foster close relations with the conference of bishops by offering it assistance in every way; 4) regarding the nomination of bishops, to transmit or propose to the Apostolic See the names of candidates and to instruct the informational process concerning those to be promoted, according to the norms given by the Apostolic See; 5) to strive to promote matters which pertain to the peace, progress, and cooperative effort of peoples; 6) to collaborate with bishops so that suitable relations are fostered between the Catholic Church and other Churches or ecclesial communities, and even non-Christian religions; 7) in associated action with bishops, to protect those things which pertain to the mission of the Church and the Apostolic See before the leaders of the state; 8) in addition, to exercise the faculties and to fulfill other mandates which the Apostolic See entrusts to him. +Code of Canon Law Can 75 365 1 It is also the special function of a pontifical legate who at the same time acts as a legate to states according to the norms of international law: 1) to promote and foster relations between the Apostolic See and the authorities of the state; 2) to deal with questions which pertain to relations between Church and state and in a special way to deal with the drafting and implementation of concordats and other agreements of this type. Code of Canon Law Can 75 365 2 In conducting the affairs mentioned in sec. 1, a pontifical legate, as circumstances suggest, is not to neglect to seek the opinion and counsel of the bishops of the ecclesiastical jurisdiction and is to inform them of the course of affairs. -Code of Canon Law Can 75 366 1 In view of the particular character of the function of a legate: 1/ the seat of a pontifical legation is exempt from the power of governance of the local ordinary unless it is a question of celebrating marriages; 2/ after he has notified in advance the local ordinaries insofar as possible, a pontifical legate is permitted to perform liturgical celebrations in all churches of his legation, even in pontificals. +Code of Canon Law Can 75 366 1 In view of the particular character of the function of a legate: 1) the seat of a pontifical legation is exempt from the power of governance of the local ordinary unless it is a question of celebrating marriages; 2) after he has notified in advance the local ordinaries insofar as possible, a pontifical legate is permitted to perform liturgical celebrations in all churches of his legation, even in pontificals. Code of Canon Law Can 75 367 1 The function of a pontifical legate does not cease when the Apostolic See becomes vacant unless the pontifical letter establishes otherwise; it does cease, however, when the mandate has been fulfilled, when the legate has been notified of recall, or when the Roman Pontiff accepts the legate's resignation. Code of Canon Law Can 75 368 1 Particular churches, in which and from which the one and only Catholic Church exists, are first of all dioceses, to which, unless it is otherwise evident, are likened a territorial prelature and territorial abbacy, an apostolic vicariate and an apostolic prefecture, and an apostolic administration erected in a stable manner. Code of Canon Law Can 75 369 1 A diocese is a portion of the people of God which is entrusted to a bishop for him to shepherd with the cooperation of the presbyterium, so that, adhering to its pastor and gathered by him in the Holy Spirit through the gospel and the Eucharist, it constitutes a particular church in which the one, holy, catholic, and apostolic Church of Christ is truly present and operative. @@ -39291,7 +39291,7 @@ Code of Canon Law Can 75 377 2 At least every three years, bishops of an ecclesi Code of Canon Law Can 75 377 3 Unless it is legitimately established otherwise, whenever a diocesan or coadjutor bishop must be appointed, as regards what is called the ternus to be proposed to the Apostolic See, the pontifical legate is to seek individually and to communicate to the Apostolic See together with his own opinion the suggestions of the metropolitan and suffragans of the province to which the diocese to be provided for belongs or with which it is joined in some grouping, and the suggestions of the president of the conference of bishops. The pontifical legate, moreover, is to hear some members of the college of consultors and cathedral chapter and, if he judges it expedient, is also to seek individually and in secret the opinion of others from both the secular and non-secular clergy and from laity outstanding in wisdom. Code of Canon Law Can 75 377 4 Unless other provision has been legitimately made, a diocesan bishop who judges that an auxiliary should be given to his diocese is to propose to the Apostolic See a list of at least three presbyters more suitable for this office. Code of Canon Law Can 75 377 5 In the future, no rights and privileges of election, nomination, presentation, or designation of bishops are granted to civil authorities. -Code of Canon Law Can 75 378 1 In regard to the suitability of a candidate for the episcopacy, it is required that he is: 1/ outstanding in solid faith, good morals, piety, zeal for souls, wisdom, prudence, and human virtues, and endowed with other qualities which make him suitable to fulfill the office in question; 2/ of good reputation; 3/ at least thirty-Five years old; 4/ ordained to the presbyterate for at least Five years; 5/ in possession of 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 truly expert in the same disciplines. +Code of Canon Law Can 75 378 1 In regard to the suitability of a candidate for the episcopacy, it is required that he is: 1) outstanding in solid faith, good morals, piety, zeal for souls, wisdom, prudence, and human virtues, and endowed with other qualities which make him suitable to fulfill the office in question; 2) of good reputation; 3) at least thirty-Five years old; 4) ordained to the presbyterate for at least Five years; 5) in possession of 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 truly expert in the same disciplines. Code of Canon Law Can 75 378 2 The definitive judgment concerning the suitability of the one to be promoted pertains to the Apostolic See. Code of Canon Law Can 75 379 1 Unless he is prevented by a legitimate impediment, whoever has been promoted to the episcopacy must receive episcopal consecration within three months from the receipt of the apostolic letter and before he takes possession of his office. Code of Canon Law Can 75 380 1 Before he takes canonical possession of his office, the one promoted is to make the profession of faith and take the oath of fidelity to the Apostolic See according to the formula approved by the Apostolic See. @@ -39369,7 +39369,7 @@ Code of Canon Law Can 75 415 1 If an ecclesiastical penalty prevents a diocesan Code of Canon Law Can 75 416 1 An episcopal see is vacant upon the death of a diocesan bishop, resignation accepted by the Roman Pontiff, transfer, or privation made known to the bishop. Code of Canon Law Can 75 417 1 Everything that a vicar general or episcopal vicar does has force until they have received certain notice of the death of the diocesan bishop. Likewise, everything that a diocesan bishop, a vicar general, or an episcopal vicar does has force until they have received certain notice of the above-mentioned pontifical acts. Code of Canon Law Can 75 418 1 Upon certain notice of transfer, a bishop must claim the diocese to which he has been transferred (ad quam) and take canonical possession of it within two months. On the day that he takes possession of the new diocese, however, the diocese from which he has been transferred (a qua) is vacant. -Code of Canon Law Can 75 418 2 Upon certain notice of transfer until the canonical possession of the new diocese, a transferred bishop in the diocese from which he has been transferred: 1/ obtains the power of a diocesan administrator and is bound by the obligations of the same; all power of the vicar general and episcopal vicar ceases, without prejudice to can. 409, sec. 2; 2/ receives the entire remuneration proper to this office. +Code of Canon Law Can 75 418 2 Upon certain notice of transfer until the canonical possession of the new diocese, a transferred bishop in the diocese from which he has been transferred: 1) obtains the power of a diocesan administrator and is bound by the obligations of the same; all power of the vicar general and episcopal vicar ceases, without prejudice to can. 409, sec. 2; 2) receives the entire remuneration proper to this office. Code of Canon Law Can 75 419 1 When a see is vacant and until the designation of a diocesan administrator, the governance of a diocese devolves upon the auxiliary bishop or, if there are several, upon the one who is senior in promotion. If there is no auxiliary bishop, however, it devolves upon the college of consultors unless the Holy See has provided otherwise. The one who so assumes governance of the diocese is to convoke without delay the college competent to designate a diocesan administrator. Code of Canon Law Can 75 420 1 When the see is vacant in an apostolic vicariate or prefecture, the governance is assumed by the pro-vicar or pro-prefect, appointed only for this purpose by the vicar or prefect immediately after the vicar or prefect has taken possession of the vicariate or prefecture, unless the Holy See has established otherwise. Code of Canon Law Can 75 421 1 The college of consultors must elect a diocesan administrator, namely the one who is to govern the diocese temporarily, within eight days from receiving notice of the vacancy of an episcopal see and without prejudice to the prescript of can. 502, sec. 3. @@ -39398,7 +39398,7 @@ Code of Canon Law Can 75 433 1 If it seems advantageous, especially in nations w Code of Canon Law Can 75 433 2 An ecclesiastical region can be erected as a juridic person. Code of Canon Law Can 75 434 1 It belongs to a meeting of the bishops of an ecclesiastical region to foster cooperation and common pastoral action in the region. Nevertheless, such a meeting does not have the powers attributed to a conference of bishops in the canons of this Code unless the Holy See has specifically granted it certain powers. Code of Canon Law Can 75 435 1 A metropolitan, who is the archbishop of his diocese, presides offer an ecclesiastical province. The office of metropolitan is joined with an episcopal see determined or approved by the Roman Pontiff. -Code of Canon Law Can 75 436 1 In the suffragan dioceses, a metropolitan is competent: 1/ to exercise vigilance so that the faith and ecclesiastical discipline are observed carefully and to inform the Roman Pontiff of abuses, if there are any; 2/ to conduct a canonical visitation for a cause previously approved by the Apostolic See if a suffragan has neglected it; 3/ to designate a diocesan administrator according to the norm of cann. 421, sec. 2, and 425, sec. 3. +Code of Canon Law Can 75 436 1 In the suffragan dioceses, a metropolitan is competent: 1) to exercise vigilance so that the faith and ecclesiastical discipline are observed carefully and to inform the Roman Pontiff of abuses, if there are any; 2) to conduct a canonical visitation for a cause previously approved by the Apostolic See if a suffragan has neglected it; 3) to designate a diocesan administrator according to the norm of cann. 421, sec. 2, and 425, sec. 3. Code of Canon Law Can 75 436 2 Where circumstances demand it, the Apostolic See can endow a metropolitan with special functions and power to be determined in particular law. Code of Canon Law Can 75 436 3 The metropolitan has no other power of governance in the suffragan dioceses. He can perform sacred functions, however, as if he were a bishop in his own diocese in all churches, but he is first to inform the diocesan bishop if the church is the cathedral. Code of Canon Law Can 75 437 1 Within three months from the reception of episcopal consecration or if he has already been consecrated, from the canonical provision, a metropolitan is obliged to request the pallium from the Roman Pontiff either personally or through a proxy. The pallium signifies the power which the metropolitan, in communion with the Roman Church, has by law in his own province. @@ -39409,12 +39409,12 @@ Code of Canon Law Can 75 439 1 A plenary council, that is, one for all the parti Code of Canon Law Can 75 439 2 The norm established in sec. 1 is valid also for the celebration of a provincial council in an ecclesiastical province whose boundaries coincide with the territory of a nation. Code of Canon Law Can 75 440 1 A provincial council for the different particular churches of the same ecclesiastical province is to be celebrated whenever it seems opportune in the judgment of the majority of the diocesan bishops of the province, without prejudice to can. 439, sec. 2. Code of Canon Law Can 75 440 2 When a metropolitan see is vacant, a provincial council is not to be convoked. -Code of Canon Law Can 75 441 1 It is for the conference of bishops: 1/ to convoke a plenary council; 2/ to select the place to celebrate the council within the territory of the conference of bishops; 3/ to select from among the diocesan bishops a president of the plenary council whom the Apostolic See must approve; 4/ to determine the agenda and questions to be treated, set the opening and duration of a plenary council, transfer, extend, and dissolve it. -Code of Canon Law Can 75 442 1 It is for the metropolitan with the consent of the majority of the suffragan bishops: 1/ to convoke a provincial council; 2/ to select the place to celebrate the provincial council within the territory of the province; 3/ to determine the agenda and questions to be treated, set the opening and duration of the provincial council, transfer, extend, and dissolve it. +Code of Canon Law Can 75 441 1 It is for the conference of bishops: 1) to convoke a plenary council; 2) to select the place to celebrate the council within the territory of the conference of bishops; 3) to select from among the diocesan bishops a president of the plenary council whom the Apostolic See must approve; 4) to determine the agenda and questions to be treated, set the opening and duration of a plenary council, transfer, extend, and dissolve it. +Code of Canon Law Can 75 442 1 It is for the metropolitan with the consent of the majority of the suffragan bishops: 1) to convoke a provincial council; 2) to select the place to celebrate the provincial council within the territory of the province; 3) to determine the agenda and questions to be treated, set the opening and duration of the provincial council, transfer, extend, and dissolve it. Code of Canon Law Can 75 442 2 It is for the metropolitan or, if he is legitimately impeded, a suffragan bishop elected by the other sufuffagan bishops to preside offer a provincial council. -Code of Canon Law Can 75 443 1 The following must be called to particular councils and have the right of a deliberative vote in them: 1/ diocesan bishops; 2/ coadjutor and auxiliary bishops; 3/ other titular bishops who perform in the territory a special function committed to them by the Apostolic See or the conference of bishops. +Code of Canon Law Can 75 443 1 The following must be called to particular councils and have the right of a deliberative vote in them: 1) diocesan bishops; 2) coadjutor and auxiliary bishops; 3) other titular bishops who perform in the territory a special function committed to them by the Apostolic See or the conference of bishops. Code of Canon Law Can 75 443 2 Other titular bishops, even retired ones, living in the territory can be called to particular councils; they also have the right of a deliberative vote. -Code of Canon Law Can 75 443 3 The following must be called to particular councils but with only a consultative vote: 1/ the vicars general and episcopal vicars of all the particular churches in the territory; 2/ major superiors of religious institutes and societies of apostolic life in a number for both men and women which the conference of bishops or the bishops of the province are to determine; these superiors are to be elected respectively by all the major superiors of the institutes and societies which have a seat in the territory; 3/ rectors of ecclesiastical and Catholic universities and deans of faculties of theology and of canon law, which have a seat in the territory; 4/ some rectors of major seminaries elected by the rectors of the seminaries which are located in the territory, in a number to be determined as in n. 2. +Code of Canon Law Can 75 443 3 The following must be called to particular councils but with only a consultative vote: 1) the vicars general and episcopal vicars of all the particular churches in the territory; 2) major superiors of religious institutes and societies of apostolic life in a number for both men and women which the conference of bishops or the bishops of the province are to determine; these superiors are to be elected respectively by all the major superiors of the institutes and societies which have a seat in the territory; 3) rectors of ecclesiastical and Catholic universities and deans of faculties of theology and of canon law, which have a seat in the territory; 4) some rectors of major seminaries elected by the rectors of the seminaries which are located in the territory, in a number to be determined as in n. 2. Code of Canon Law Can 75 443 4 Presbyters and other members of the Christian faithful can also be called to particular councils, but with only a consultative vote and in such a way that their number does not exceed half the number of those mentioned in secs. 1-3. Code of Canon Law Can 75 443 5 Moreover, cathedral chapters and the presbyteral council and pastoral council of each particular church are to be invited to provincial councils in such a way that each of them sends two of their members designated collegially by them; however, they have only a consultative vote. Code of Canon Law Can 75 443 6 Others can also be invited as guests to particular councils, if it is expedient in the judgment of the conference of bishops for a plenary council, or of the metropolitan together with the suffragan bishops for a provincial council. @@ -39441,7 +39441,7 @@ Code of Canon Law Can 75 455 3 The conference of bishops itself determines the m Code of Canon Law Can 75 455 4 In cases in which neither universal law nor a special mandate of the Apostolic See has granted the power mentioned in sec. 1 to a conference of bishops, the competence of each diocesan bishop remains intact, nor is a conference or its president able to act in the name of all the bishops unless each and every bishop has given consent. Code of Canon Law Can 75 456 1 When a plenary meeting of a conference of bishops has ended, the president is to send a report of the acts of the conference and its decrees to the Apostolic See so that the acts are brought to its notice and it can review the decrees if there are any. Code of Canon Law Can 75 457 1 It is for the permanent council of bishops to take care that the agenda for a plenary session of a conference is prepared and that decisions made in plenary session are properly executed. It is also for the council to take care of other affairs which are entrusted to it according to the norm of the statutes. -Code of Canon Law Can 75 458 1 It is for the general secretariat: 1/ to prepare a report of the acts and decrees of a plenary meeting of a conference and the acts of the permanent council of bishops, to communicate the same to all the members of the conference, and to draw up other acts whose preparation the president of the conference or the permanent council entrusts to the general secretary; 2/ to communicate to neighboring conferences of bishops the acts and documents which the conference in plenary meeting or the permanent council of bishops decides to send to them. +Code of Canon Law Can 75 458 1 It is for the general secretariat: 1) to prepare a report of the acts and decrees of a plenary meeting of a conference and the acts of the permanent council of bishops, to communicate the same to all the members of the conference, and to draw up other acts whose preparation the president of the conference or the permanent council entrusts to the general secretary; 2) to communicate to neighboring conferences of bishops the acts and documents which the conference in plenary meeting or the permanent council of bishops decides to send to them. Code of Canon Law Can 75 459 1 Relations between conferences of bishops, especially neighboring ones, are to be fostered in order to promote and protect the greater good. Code of Canon Law Can 75 459 2 Whenever conferences enter into actions or programs having an international character, however, the Apostolic See must be heard. Code of Canon Law Can 75 460 1 A diocesan synod is a group of selected priests and other members of the Christian faithful of a particular church who offer assistance to the diocesan bishop for the good of the whole diocesan community according to the norm of the following canons. @@ -39449,7 +39449,7 @@ Code of Canon Law Can 75 461 1 A diocesan synod is to be celebrated in individua Code of Canon Law Can 75 461 2 If a bishop has the care of several dioceses or has the care of one as the proper bishop but of another as administrator, he can convoke one diocesan synod for all the dioceses entrusted to him. Code of Canon Law Can 75 462 1 The diocesan bishop alone convokes a diocesan synod, but not one who temporarily presides over a diocese. Code of Canon Law Can 75 462 2 The diocesan bishop presides over a diocesan synod. He can, however, delegate a vicar general or episcopal vicar to fulfill this responsibility for individual sessions of the synod. -Code of Canon Law Can 75 463 1 The following must be called to a diocesan synod as members of the synod and are obliged to participate in it: 1/ a coadjutor bishop and auxiliary bishops; 2/ vicars general, episcopal vicars, and the judicial vicar; 3/ canons of the cathedral church; 4/ members of the presbyteral council; 5/ lay members of the Christian faithful, even members of institutes of consecrated life, chosen by the pastoral council in a manner and number to be determined by the diocesan bishop or, where this council does not exist, in a manner determined by the diocesan bishop; 6/ the rector of the diocesan major seminary; 7/ vicars forane; 8/ at least one presbyter from each vicariate forane, chosen by all those who have the care of souls there; also another presbyter must be chosen who, if the first is impeded, is to take his place; 9/ some superiors of religious institutes and of societies of apostolic life which have a house in the diocese, chosen in a number and manner determined by the diocesan bishop. +Code of Canon Law Can 75 463 1 The following must be called to a diocesan synod as members of the synod and are obliged to participate in it: 1) a coadjutor bishop and auxiliary bishops; 2) vicars general, episcopal vicars, and the judicial vicar; 3) canons of the cathedral church; 4) members of the presbyteral council; 5) lay members of the Christian faithful, even members of institutes of consecrated life, chosen by the pastoral council in a manner and number to be determined by the diocesan bishop or, where this council does not exist, in a manner determined by the diocesan bishop; 6) the rector of the diocesan major seminary; 7) vicars forane; 8) at least one presbyter from each vicariate forane, chosen by all those who have the care of souls there; also another presbyter must be chosen who, if the first is impeded, is to take his place; 9) some superiors of religious institutes and of societies of apostolic life which have a house in the diocese, chosen in a number and manner determined by the diocesan bishop. Code of Canon Law Can 75 463 2 The diocesan bishop can also call others to a diocesan synod as members of the synod; they can be clerics, members of institutes of consecrated life, or lay members of the Christian faithful. Code of Canon Law Can 75 463 3 If the diocesan bishop has judged it opportune, he can invite as observers to the diocesan synod other ministers or members of Churches or ecclesial communities which are not in full communion with the Catholic Church. Code of Canon Law Can 75 464 1 If a member of the synod is prevented by a legitimate impediment, the member cannot send a proxy to attend it in his or her name. The member, however, is to inform the diocesan bishop of this impediment. @@ -39460,7 +39460,7 @@ Code of Canon Law Can 75 468 1 The diocesan bishop is competent to suspend or di Code of Canon Law Can 75 468 2 When an episcopal see is vacant or impeded, a diocesan synod is interrupted by the law itself until the succeeding diocesan bishop has decided that it is to be continued or has declared it terminated. Code of Canon Law Can 75 469 1 The diocesan curia consists of those institutions and persons which assist the bishop in the governance of the whole diocese, especially in guiding pastoral action, in caring for the administration of the diocese, and in exercising judicial power. Code of Canon Law Can 75 470 1 The appointment of those who exercise offices in the diocesan curia pertains to the diocesan bishop. -Code of Canon Law Can 75 471 1 All those who are admitted to offices in the curia must: 1/ promise to fulfill their function faithfully according to the manner 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. +Code of Canon Law Can 75 471 1 All those who are admitted to offices in the curia must: 1) promise to fulfill their function faithfully according to the manner 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. Code of Canon Law Can 75 472 1 The prescripts of Book VII, Processes, are to be observed regarding cases and persons which belong to the exercise of judicial power in the curia. The prescripts of the following canons, however, are to be observed regarding those things which pertain to the administration of the diocese. Code of Canon Law Can 75 473 1 A diocesan bishop must take care that all the affairs which belong to the administration of the whole diocese are duly coordinated and are ordered to attain more suitably the good of the portion of the people of God entrusted to him. Code of Canon Law Can 75 473 2 It is for the diocesan bishop himself to coordinate the pastoral action of the vicars general or episcopal vicars. Where it is expedient, a moderator of the curia can be appointed who must be a priest and who, under the authority of the bishop, is to coordinate those things which pertain to the treatment of administrative affairs and to take care that the other members of the curia properly fulfill the office entrusted to them. @@ -39485,7 +39485,7 @@ Code of Canon Law Can 75 482 2 If it seems necessary, the chancellor can be give Code of Canon Law Can 75 482 3 By reason of being chancellor and vice-chancellor they are notaries and secretaries of the curia. Code of Canon Law Can 75 483 1 Besides the chancellor, other notaries can be appointed whose writing or signature establishes authenticity for any acts, for judicial acts only, or for acts of a certain case or affair only. Code of Canon Law Can 75 483 2 The chancellor and notaries must be of unimpaired reputation and above all suspicion. In cases in which the reputation of a priest can be called into question, the notary must be a priest. -Code of Canon Law Can 75 484 1 It is the duty of notaries: 1/ to draw up the acts and instruments regarding decrees, dispositions, obligations, or other things which require their action; 2/ to record faithfully in writing what has taken place and to sign it with a notation of the place, day, month, and year; 3/ having observed what is required, to furnish acts or instruments to one who legitimately requests them from the records and to declare copies of them to be in conformity with the original. +Code of Canon Law Can 75 484 1 It is the duty of notaries: 1) to draw up the acts and instruments regarding decrees, dispositions, obligations, or other things which require their action; 2) to record faithfully in writing what has taken place and to sign it with a notation of the place, day, month, and year; 3) having observed what is required, to furnish acts or instruments to one who legitimately requests them from the records and to declare copies of them to be in conformity with the original. Code of Canon Law Can 75 485 1 The chancellor and other notaries can be freely removed from office by the diocesan bishop, but not by a diocesan administrator except with the consent of the college of consultors. Code of Canon Law Can 75 486 1 All documents which regard the diocese or parishes must be protected with the greatest care. Code of Canon Law Can 75 486 2 In every curia there is to be erected in a safe place a diocesan archive, or record storage area, in which instruments and written documents which pertain to the spiritual and temporal affairs of the diocese are to be safeguarded after being properly filled and diligently secured. @@ -39512,8 +39512,8 @@ Code of Canon Law Can 75 494 4 At the end of the year, the Finance officer must Code of Canon Law Can 75 495 1 In each diocese a presbyteral council is to be established, that is, a group of priests which, representing the presbyterium, is to be like a senate of the bishop and which assists the bishop in the governance of the diocese according to the norm of law to promote as much as possible the pastoral good of the portion of the people of God entrusted to him. Code of Canon Law Can 75 495 2 In apostolic vicariates and prefectures, the vicar or prefect is to establish a council of at least three missionary presbyters whose opinion, even by letter, he is to hear in more serious matters. Code of Canon Law Can 75 496 1 The presbyteral council is to have its own statutes approved by the diocesan bishop, attentive to the norms issued by the conference of bishops. -Code of Canon Law Can 75 497 1 In what pertains to the designation of members of the presbyteral council: 1/ the priests themselves are freely to elect about half, according to the norm of the following canons and of the statutes; 2/ according to the norm of the statutes, some priests must be ex officio members, that is, members who are to belong to the council by reason of the office entrusted to them; 3/ the diocesan bishop is freely entitled to appoint others. -Code of Canon Law Can 75 498 1 The following have the right of election, both active and passive, in constituting a presbyteral council: 1/ all secular priests incardinated in the diocese; 2/ secular priests not incardinated in the diocese and priests who are members of some religious institute or society of apostolic life, who reside in the diocese and exercise some office for the good of the diocese. +Code of Canon Law Can 75 497 1 In what pertains to the designation of members of the presbyteral council: 1) the priests themselves are freely to elect about half, according to the norm of the following canons and of the statutes; 2) according to the norm of the statutes, some priests must be ex officio members, that is, members who are to belong to the council by reason of the office entrusted to them; 3) the diocesan bishop is freely entitled to appoint others. +Code of Canon Law Can 75 498 1 The following have the right of election, both active and passive, in constituting a presbyteral council: 1) all secular priests incardinated in the diocese; 2) secular priests not incardinated in the diocese and priests who are members of some religious institute or society of apostolic life, who reside in the diocese and exercise some office for the good of the diocese. Code of Canon Law Can 75 498 2 To the extent that the statutes provide for it, the same right of election can be conferred on other priests who have a domicile or quasi-domicile in the diocese. Code of Canon Law Can 75 499 1 The manner of electing members of the presbyteral council must be determined in the statutes in such a way that, insofar as possible, the priests of the presbyterium are represented, taking into account especially the different ministries and various regions of the diocese. Code of Canon Law Can 75 500 1 It is for the diocesan bishop to convoke the presbyteral council, preside over it, and determine the questions to be treated by it or receive proposals from the members. @@ -39566,7 +39566,7 @@ Code of Canon Law Can 75 521 3 For the office of pastor to be conferred on someo Code of Canon Law Can 75 522 1 A pastor must possess stability and therefore is to be appointed for an indefinite period of time. The diocesan bishop can appoint him only for a specific period if the conference of bishops has permitted this by a decree. Code of Canon Law Can 75 523 1 Without prejudice to the prescript of can. 682, sec. 1, the provision of the office of pastor belongs to the diocesan bishop, and indeed by free conferral, unless someone has the right of presentation or election. Code of Canon Law Can 75 524 1 A diocesan bishop is to entrust a vacant parish to the one whom he considers suited to fulfill its parochial care, after weighing all the circumstances and without any favoritism. To make a judgment about suitability, he is to hear the vicar forane and conduct appropriate investigations, having heard certain presbyters and lay members of the Christian faithful, if it is warranted. -Code of Canon Law Can 75 525 1 When a see is vacant or impeded, it belongs to the diocesan administrator or another who governs the diocese temporarily: 1/ to install or confirm presbyters who have been legitimately presented or elected for a parish; 2/ to appoint pastors if the see has been vacant or impeded for a year. +Code of Canon Law Can 75 525 1 When a see is vacant or impeded, it belongs to the diocesan administrator or another who governs the diocese temporarily: 1) to install or confirm presbyters who have been legitimately presented or elected for a parish; 2) to appoint pastors if the see has been vacant or impeded for a year. Code of Canon Law Can 75 526 1 A pastor is to have the parochial care of only one parish; nevertheless, because of a lack of priests or other circumstances, the care of several neighboring parishes can be entrusted to the same pastor. Code of Canon Law Can 75 526 2 In the same parish there is to be only one pastor or moderator in accord with the norm of can. 517, sec. 1; any contrary custom is reprobated and any contrary privilege whatsoever is revoked. Code of Canon Law Can 75 527 1 The person who has been promoted to carry out the pastoral care of a parish obtains this care and is bound to exercise it from the moment of taking possession. @@ -39576,7 +39576,7 @@ Code of Canon Law Can 75 528 1 A pastor is obliged to make provision so that the Code of Canon Law Can 75 528 2 The pastor is to see to it that the Most Holy Eucharist is the center of the parish assembly of the faithful. He is to work so that the Christian faithful are nourished through the devout celebration of the sacraments and, in a special way, that they frequently approach the sacraments of the Most Holy Eucharist and penance. He is also to endeavor that they are led to practice prayer even as families and take part consciously and actively in the sacred liturgy which, under the authority of the diocesan bishop, the pastor must direct in his own parish and is bound to watch over so that no abuses creep in. Code of Canon Law Can 75 529 1 In order to fulfill his office diligently, a pastor is to strive to know the faithful entrusted to his care. Therefore he is to visit families, sharing especially in the cares, anxieties, and griefs of the faithful, strengthening them in the Lord, and prudently correcting them if they are failing in certain areas. With generous love he is to help the sick, particularly those close to death, by refreshing them solicitously with the sacraments and commending their souls to God; with particular diligence he is to seek out the poor, the afflicted, the lonely, those exiled from their country, and similarly those weighed down by special difficulties. He is to work so that spouses and parents are supported in fulfilling their proper duties and is to foster growth of Christian life in the family. Code of Canon Law Can 75 529 2 A pastor is to recognize and promote the proper part which the lay members of the Christian faithful have in the mission of the Church, by fostering their associations for the purposes of religion. He is to cooperate with his own bishop and the presbyterium of the diocese, also working so that the faithful have concern for parochial communion, consider themselves members of the diocese and of the universal Church, and participate in and sustain efforts to promote this same communion. -Code of Canon Law Can 75 530 1 The following functions are especially entrusted to a pastor: 1/ the administration of baptism; 2/ the administration of the sacrament of confirmation to those who are in danger of death, according to the norm of can. 883, n. 3; 3/ the administration of Viaticum and of the anointing of the sick, without prejudice to the prescript of can. 1003, secs. 2 and 3, and the imparting of the apostolic blessing; 4/ the assistance at marriages and the nuptial blessing; 5/ the performance of funeral rites; 6/ the blessing of the baptismal font at Easter time, the leading of processions outside the church, and solemn blessings outside the church; 7/ the more solemn eucharistic celebration on Sundays and holy days of obligation. +Code of Canon Law Can 75 530 1 The following functions are especially entrusted to a pastor: 1) the administration of baptism; 2) the administration of the sacrament of confirmation to those who are in danger of death, according to the norm of can. 883, n. 3; 3) the administration of Viaticum and of the anointing of the sick, without prejudice to the prescript of can. 1003, secs. 2 and 3, and the imparting of the apostolic blessing; 4) the assistance at marriages and the nuptial blessing; 5) the performance of funeral rites; 6) the blessing of the baptismal font at Easter time, the leading of processions outside the church, and solemn blessings outside the church; 7) the more solemn eucharistic celebration on Sundays and holy days of obligation. Code of Canon Law Can 75 531 1 Although another person has performed a certain parochial function, that person is to put the offerings received from the Christian faithful on that occasion in the parochial account, unless in the case of voluntary openings the contrary intention of the donor is certain. The diocesan bishop, after having heard the presbyteral council, is competent to establish prescripts which provide for the allocation of these openings and the remuneration of clerics fulfilling the same function. Code of Canon Law Can 75 532 1 In all juridic affairs the pastor represents the parish according to the norm of law. He is to take care that the goods of the parish are administered according to the norm of cann. 1281-1288. Code of Canon Law Can 75 533 1 A pastor is obliged to reside in a rectory near the church. Nevertheless, in particular cases and if there is a just cause, the local ordinary can permit him to reside elsewhere, especially in a house shared by several presbyters, provided that the performance of parochial functions is properly and suitably provided for. @@ -39602,9 +39602,9 @@ Code of Canon Law Can 75 540 2 A parochial administrator is not permitted to do Code of Canon Law Can 75 540 3 After he has completed his function, a parochial administrator is to render an account to the pastor. Code of Canon Law Can 75 541 1 When a parish becomes vacant or a pastor has been impeded from exercising his pastoral function and before the appointment of a parochial administrator, the parochial vicar is to assume the governance of the parish temporarily. If there are several vicars, the one who is senior in appointment or, if there are no vicars, a pastor determined by particular law assumes this governance. Code of Canon Law Can 75 541 2 The one who has assumed the governance of a parish according to the norm of sec. 1 is immediately to inform the local ordinary about the vacancy of the parish. -Code of Canon Law Can 75 542 1 Priests to whom the pastoral care of some parish or of different parishes together is entrusted in solidum according to the norm of can. 517, sec. 1: 1/ must be endowed with the qualities mentioned in can. 521; 2/ are to be appointed or installed according to the norm of the prescripts of cann. 522 and 524; 3/ obtain pastoral care only from the moment of taking possession; their moderator is placed in possession according to the norm of the prescripts of can. 527, sec. 2; for the other priests, however, a legitimately made profession of faith replaces taking possession. +Code of Canon Law Can 75 542 1 Priests to whom the pastoral care of some parish or of different parishes together is entrusted in solidum according to the norm of can. 517, sec. 1: 1) must be endowed with the qualities mentioned in can. 521; 2) are to be appointed or installed according to the norm of the prescripts of cann. 522 and 524; 3) obtain pastoral care only from the moment of taking possession; their moderator is placed in possession according to the norm of the prescripts of can. 527, sec. 2; for the other priests, however, a legitimately made profession of faith replaces taking possession. Code of Canon Law Can 75 543 1 If the pastoral care of some parish or of different parishes together is entrusted to priests in solidum, each of them is obliged to perform the tasks and functions of pastor mentioned in cann. 528, 529, and 530 according to the arrangement they establish. All of them have the faculty of assisting at marriages and all the powers to dispense granted to a pastor by law; these are to be exercised, however, under the direction of the moderator. -Code of Canon Law Can 75 543 2 All the priests who belong to the group: 1/ are bound by the obligation of residence; 2/ are to establish through common counsel an arrangement by which one of them is to celebrate a Mass for the people according to the norm of can. 534; 3/ the moderator alone represents in juridic affairs the parish or parishes entrusted to the group. +Code of Canon Law Can 75 543 2 All the priests who belong to the group: 1) are bound by the obligation of residence; 2) are to establish through common counsel an arrangement by which one of them is to celebrate a Mass for the people according to the norm of can. 534; 3) the moderator alone represents in juridic affairs the parish or parishes entrusted to the group. Code of Canon Law Can 75 544 1 When a priest from the group mentioned in can. 517, sec. 1 or its moderator ceases from office as well as when one of them becomes incapable of exercising his pastoral function, the parish or parishes whose care is entrusted to the group do not become vacant. It is for the diocesan bishop, however, to appoint another moderator; before someone is appointed by the bishop, the priest in the group who is senior in appointment is to fulfill this function. Code of Canon Law Can 75 545 1 Whenever it is necessary or opportune in order to carry out the pastoral care of a parish fittingly, one or more parochial vicars can be associated with the pastor. As co-workers with the pastor and sharers in his solicitude, they are to offer service in the pastoral ministry by common counsel and effort with the pastor and under his authority. Code of Canon Law Can 75 545 2 A parochial vicar can be assigned either to assist in exercising the entire pastoral ministry for the whole parish, a determined part of the parish, or a certain group of the Christian faithful of the parish, or even to assist in fulfilling a specific ministry in different parishes together. @@ -39624,8 +39624,8 @@ Code of Canon Law Can 75 553 2 Unless particular law establishes otherwise, the Code of Canon Law Can 75 554 1 For the office of vicar forane, which is not tied to the office of pastor of a certain parish, the bishop is to select a priest whom he has judged suitable, after he has considered the circumstances of place and time. Code of Canon Law Can 75 554 2 A vicar forane is to be appointed for a certain period of time determined by particular law. Code of Canon Law Can 75 554 3 The diocesan bishop can freely remove a vicar forane from office for a just cause in accord with his own prudent judgment. -Code of Canon Law Can 75 555 1 In addition to the faculties legitimately given to him by particular law, the vicar forane has the duty and right: 1/ of promoting and coordinating common pastoral activity in the vicariate; 2/ of seeing to it that the clerics of his district lead a life in keeping with their state and perform their duties diligently; 3/ of seeing to it that religious functions are celebrated according to the prescripts of the sacred liturgy, that the beauty and elegance of churches and sacred furnishings are maintained carefully, especially in the eucharistic celebration and custody of the Most Blessed Sacrament, that the parochial registers are inscribed correctly and protected appropriately, that ecclesiastical goods are administered carefully, and finally that the rectory is cared for with proper diligence. -Code of Canon Law Can 75 555 2 In the vicariate entrusted to him, the vicar forane: 1/ is to see to it that, according to the prescripts of particular law and at the times stated, the clerics attend lectures, theological meetings, or conferences according to the norm of can. 279, sec. 2; 2/ is to take care that spiritual supports are available to the presbyters of his district, and likewise to be concerned especially for those who find themselves in more difficult circumstances or are beset by problems. +Code of Canon Law Can 75 555 1 In addition to the faculties legitimately given to him by particular law, the vicar forane has the duty and right: 1) of promoting and coordinating common pastoral activity in the vicariate; 2) of seeing to it that the clerics of his district lead a life in keeping with their state and perform their duties diligently; 3) of seeing to it that religious functions are celebrated according to the prescripts of the sacred liturgy, that the beauty and elegance of churches and sacred furnishings are maintained carefully, especially in the eucharistic celebration and custody of the Most Blessed Sacrament, that the parochial registers are inscribed correctly and protected appropriately, that ecclesiastical goods are administered carefully, and finally that the rectory is cared for with proper diligence. +Code of Canon Law Can 75 555 2 In the vicariate entrusted to him, the vicar forane: 1) is to see to it that, according to the prescripts of particular law and at the times stated, the clerics attend lectures, theological meetings, or conferences according to the norm of can. 279, sec. 2; 2) is to take care that spiritual supports are available to the presbyters of his district, and likewise to be concerned especially for those who find themselves in more difficult circumstances or are beset by problems. Code of Canon Law Can 75 555 3 The vicar forane is to take care that the pastors of his district whom he knows to be gravely ill do not lack spiritual and material aids and that the funeral rites of those who have died are celebrated worthily. He is also to make provision so that, on the occasion of illness or death, the registers, documents, sacred furnishings, and other things which belong to the Church are not lost or removed. Code of Canon Law Can 75 555 4 A vicar forane is obliged to visit the parishes of his district according to the determination made by the diocesan bishop. Code of Canon Law Can 75 556 1 Rectors of churches are understood here as priests to whom is committed the care of some church which is neither parochial nor capitular nor connected to a house of a religious community or society of apostolic life which celebrates services in it. @@ -39708,7 +39708,7 @@ Code of Canon Law Can 75 609 1 Houses of a religious institute are erected by th Code of Canon Law Can 75 609 2 In addition, the permission of the Apostolic See is required to erect a monastery of nuns. Code of Canon Law Can 75 610 1 The erection of houses takes place with consideration for their advantage to the Church and the institute and with suitable safeguards for those things which are required to carry out properly the religious life of the members according to the proper purposes and spirit of the institute. Code of Canon Law Can 75 610 2 No house is to be erected unless it can be judged prudently that the needs of the members will be provided for suitably. -Code of Canon Law Can 75 611 1 The consent of the diocesan bishop to erect a religious house of any institute entails the right: 1/ to lead a life according to the character and proper purposes of the institute; 2/ to exercise the works proper to the institute according to the norm of law and without prejudice to the conditions attached to the consent; 3/ for clerical institutes to have a church, without prejudice to the prescript of can. 1215, sec. 3 and to perform sacred ministries, after the requirements of the law have been observed. +Code of Canon Law Can 75 611 1 The consent of the diocesan bishop to erect a religious house of any institute entails the right: 1) to lead a life according to the character and proper purposes of the institute; 2) to exercise the works proper to the institute according to the norm of law and without prejudice to the conditions attached to the consent; 3) for clerical institutes to have a church, without prejudice to the prescript of can. 1215, sec. 3 and to perform sacred ministries, after the requirements of the law have been observed. Code of Canon Law Can 75 612 1 For a religious house to be converted to apostolic works different from those for which it was established, the consent of the diocesan bishop is required, but not if it concerns a change which refers only to internal governance and discipline, without prejudice to the laws of the foundation. Code of Canon Law Can 75 613 1 A religious house of canons regular or of monks under the governance and care of its own moderator is autonomous unless the constitutions state otherwise. Code of Canon Law Can 75 613 2 The moderator of an autonomous house is a major superior by law. @@ -39735,7 +39735,7 @@ Code of Canon Law Can 75 626 1 Superiors in the conferral of offices and members Code of Canon Law Can 75 627 1 According to the norm of the constitutions, superiors are to have their own council, whose assistance they must use in carrying out their function. Code of Canon Law Can 75 627 2 In addition to the cases prescribed in universal law, proper law is to determine the cases which require consent or counsel to act validly; such consent or counsel must be obtained according to the norm of can. 127. Code of Canon Law Can 75 628 1 The superiors whom the proper law of the institute designates for this function are to visit the houses and members entrusted to them at stated times according to the norms of this same proper law. -Code of Canon Law Can 75 628 2 It is the right and duty of a diocesan bishop to visit even with respect to religious discipline: 1/ the autonomous monasteries mentioned in can. 615; 2/ individual houses of an institute of diocesan right located in his own territory. +Code of Canon Law Can 75 628 2 It is the right and duty of a diocesan bishop to visit even with respect to religious discipline: 1) the autonomous monasteries mentioned in can. 615; 2) individual houses of an institute of diocesan right located in his own territory. Code of Canon Law Can 75 628 3 Members are to act with trust toward a visitator, to whose legitimate questioning they are bound to respond according to the truth in charity. Moreover, it is not permitted for anyone in any way to divert members from this obligation or otherwise to impede the scope of the visitation. Code of Canon Law Can 75 629 1 Superiors are to reside in their respective houses, and are not to absent themselves from their house except according to the norm of proper law. Code of Canon Law Can 75 630 1 Superiors are to recognize the due freedom of their members regarding the sacrament of penance and direction of conscience, without prejudice, however, to the discipline of the institute. @@ -39768,7 +39768,7 @@ Code of Canon Law Can 75 639 5 Religious superiors are to take care that they do Code of Canon Law Can 75 640 1 Taking into account local conditions, institutes are to strive to give, as it were, a collective witness of charity and poverty and are to contribute according to their ability something from their own goods to provide for the needs of the Church and the support of the poor. Code of Canon Law Can 75 641 1 The right to admit candidates to the novitiate belongs to major superiors according to the norm of proper law. Code of Canon Law Can 75 642 1 With vigilant care, superiors are only to admit those who, besides the required age, have the health, suitable character, and sufficient qualities of maturity to embrace the proper life of the institute. This health, character, and maturity are to be verified even by using experts, if necessary, without prejudice to the prescript of can. 220. -Code of Canon Law Can 75 643 1 The following are admitted to the novitiate invalidly: 1/ one who has not yet completed seventeen years of age; 2/ a spouse, while the marriage continues to exist; 3/ one who is currently bound by a sacred bond to some institute of consecrated life or is incorporated in some society of apostolic life, without prejudice to the prescript of can. 684; 4/ one who enters the institute induced by force, grave fear, or malice, or the one whom a superior, induced in the same way, has received; 5/ one who has concealed his or her incorporation in some institute of consecrated life or in some society of apostolic life. +Code of Canon Law Can 75 643 1 The following are admitted to the novitiate invalidly: 1) one who has not yet completed seventeen years of age; 2) a spouse, while the marriage continues to exist; 3) one who is currently bound by a sacred bond to some institute of consecrated life or is incorporated in some society of apostolic life, without prejudice to the prescript of can. 684; 4) one who enters the institute induced by force, grave fear, or malice, or the one whom a superior, induced in the same way, has received; 5) one who has concealed his or her incorporation in some institute of consecrated life or in some society of apostolic life. Code of Canon Law Can 75 643 2 Proper law can establish other impediments even for validity of admission or can attach conditions. Code of Canon Law Can 75 644 1 Superiors are not to admit to the novitiate secular clerics without consulting their proper ordinary nor those who, burdened by debts, cannot repay them. Code of Canon Law Can 75 645 1 Before candidates are admitted to the novitiate, they must show proof of baptism, confirmation, and free status. @@ -39798,11 +39798,11 @@ Code of Canon Law Can 75 653 1 A novice can freely leave an institute; moreover, Code of Canon Law Can 75 653 2 At the end of the novitiate, if judged suitable, a novice is to be admitted to temporary profession; otherwise the novice is to be dismissed. If there is doubt about the suitability of a novice, the major superior can extend the time of probation according to the norm of proper law, but not beyond six months. Code of Canon Law Can 75 654 1 By religious profession, members assume the observance of the three evangelical counsels by public vow, are consecrated to God through the ministry of the Church, and are incorporated into the institute with the rights and duties defined by law. Code of Canon Law Can 75 655 1 Temporary profession is to be made for a period defined in proper law; it is not to be less than three years nor longer than six. -Code of Canon Law Can 75 656 1 For the validity of temporary profession it is required that: 1/ the person who is to make it has completed at least eighteen years of age; 2/ the novitiate has been validly completed; 3/ admission has been given freely by the competent superior with the vote of the council according to the norm of law; 4/ the profession is expressed and made without force, grave fear, or malice; 5/ the profession is received by a legitimate superior personally or through another. +Code of Canon Law Can 75 656 1 For the validity of temporary profession it is required that: 1) the person who is to make it has completed at least eighteen years of age; 2) the novitiate has been validly completed; 3) admission has been given freely by the competent superior with the vote of the council according to the norm of law; 4) the profession is expressed and made without force, grave fear, or malice; 5) the profession is received by a legitimate superior personally or through another. Code of Canon Law Can 75 657 1 When the period for which profession was made has elapsed, a religious who freely petitions and is judged suitable is to be admitted to renewal of profession or to perpetual profession; otherwise, the religious is to depart. Code of Canon Law Can 75 657 2 If it seems opportune, however, the competent superior can extend the period of temporary profession according to proper law, but in such a way that the total period in which the member is bound by temporary vows does not exceed nine years. Code of Canon Law Can 75 657 3 Perpetual profession can be anticipated for a just cause, but not by more than three months. -Code of Canon Law Can 75 658 1 In addition to the conditions mentioned in can. 656, nn. 3, 4, and 5 and others imposed by proper law, the following are required for the validity of perpetual profession: 1/ the completion of at least twenty-one years of age; 2/ previous temporary profession of at least three years, without prejudice to the prescript of can. 657, sec. 3. +Code of Canon Law Can 75 658 1 In addition to the conditions mentioned in can. 656, nn. 3, 4, and 5 and others imposed by proper law, the following are required for the validity of perpetual profession: 1) the completion of at least twenty-one years of age; 2) previous temporary profession of at least three years, without prejudice to the prescript of can. 657, sec. 3. Code of Canon Law Can 75 659 1 In individual institutes the formation of all the members is to be continued after first profession so that they lead the proper life of the institute more fully and carry out its mission more suitably. Code of Canon Law Can 75 659 2 Therefore, proper law must define the program of this formation and its duration, attentive to the needs of the Church and the conditions of people and times, insofar as the purpose and character of the institute require it. Code of Canon Law Can 75 659 3 Universal law and the program of studies proper to the institute govern the formation of members who are preparing to receive holy orders. @@ -39874,13 +39874,13 @@ Code of Canon Law Can 75 691 1 A perpetually professed religious is not to reque Code of Canon Law Can 75 691 2 In institutes of pontifical right, an indult of this type is reserved to the Apostolic See. In institutes of diocesan right, however, the bishop of the diocese in which the house of assignment is situated can also grant it. Code of Canon Law Can 75 692 1 Unless it has been rejected by the member in the act of notification, an indult of departure granted legitimately and made known to the member entails by the law itself dispensation from the vows and from all the obligations arising from profession. Code of Canon Law Can 75 693 1 If a member is a cleric, an indult is not granted before he finds a bishop who incardinates him in the diocese or at least receives him experimentally. If he is received experimentally, he is incardinated into the diocese by the law itself after five years have passed, unless the bishop has refused him. -Code of Canon Law Can 75 694 1 A member must be held as ipso facto dismissed from an institute who: 1/ has defected notoriously from the Catholic faith; 2/ has contracted marriage or attempted it, even only civilly. +Code of Canon Law Can 75 694 1 A member must be held as ipso facto dismissed from an institute who: 1) has defected notoriously from the Catholic faith; 2) has contracted marriage or attempted it, even only civilly. Code of Canon Law Can 75 694 2 In these cases, after the proofs have been collected, the major superior with the council is to issue without any delay a declaration of fact so that the dismissal is established juridically. Code of Canon Law Can 75 695 1 A member must be dismissed for the delicts mentioned in cann. 1397, 1398, and 1395, unless in the delicts mentioned in can. 1395, sec. 2, the superior decides that dismissal is not completely necessary and that correction of the member, restitution of justice, and reparation of scandal can be resolved sufficiently in another way. Code of Canon Law Can 75 695 2 In these cases, after the proofs regarding the facts and imputability have been collected, the major superior is to make known the accusation and proofs to the member to be dismissed, giving the member the opportunity for self-defense. All the acts, signed by the major superior and a notary, together with the responses of the member, put in writing and signed by that member, are to be transmitted to the supreme moderator. Code of Canon Law Can 75 696 1 A member can also be dismissed for other causes provided that they are grave, external, imputable, and juridically proven such as: habitual neglect of the obligations of consecrated life; repeated violations of the sacred bonds; stubborn disobedience to the legitimate prescripts of superiors in a grave matter; grave scandal arising from the culpable behavior of the member; stubborn upholding or diffusion of doctrines condemned by the magisterium of the Church; public adherence to ideologies infected by materialism or atheism; the illegitimate absence mentioned in can. 665, sec. 2, lasting six months; other causes of similar gravity which the proper law of the institute may determine. Code of Canon Law Can 75 696 2 For the dismissal of a member in temporary vows, even causes of lesser gravity established in proper law are sufficient. -Code of Canon Law Can 75 697 1 In the cases mentioned in can. 696, if the major superior, after having heard the council, has decided that a process of dismissal must be begun: 1/ the major superior is to collect or complete the proofs; 2/ the major superior is to warn the member in writing or before two witnesses with an explicit threat of subsequent dismissal unless the member reforms, with the cause for dismissal clearly indicated and full opportunity for self-defense given to the member; if the warning occurs in vain, however, the superior is to proceed to another warning after an intervening space of at least fifteen days; 3/ if this warning also occurs in vain and the major superior with the council decides that incorrigibility is sufficiently evident and that the defenses of the member are insufficient, after fifteen days have elapsed from the last warning without effect, the major superior is to transmit to the supreme moderator all the acts, signed personally and by a notary, along with the signed responses of the member. +Code of Canon Law Can 75 697 1 In the cases mentioned in can. 696, if the major superior, after having heard the council, has decided that a process of dismissal must be begun: 1) the major superior is to collect or complete the proofs; 2) the major superior is to warn the member in writing or before two witnesses with an explicit threat of subsequent dismissal unless the member reforms, with the cause for dismissal clearly indicated and full opportunity for self-defense given to the member; if the warning occurs in vain, however, the superior is to proceed to another warning after an intervening space of at least fifteen days; 3) if this warning also occurs in vain and the major superior with the council decides that incorrigibility is sufficiently evident and that the defenses of the member are insufficient, after fifteen days have elapsed from the last warning without effect, the major superior is to transmit to the supreme moderator all the acts, signed personally and by a notary, along with the signed responses of the member. Code of Canon Law Can 75 698 1 In all the cases mentioned in cann. 695 and 696, the right of the member to communicate with and to offer defenses directly to the supreme moderator always remains intact. Code of Canon Law Can 75 699 1 The supreme moderator with the council, which must consist of at least four members for validity, is to proceed collegially to the accurate consideration of the proofs, arguments, and defenses; if it has been decided through secret ballot, the supreme moderator is to issue a decree of dismissal with the reasons in law and in fact expressed at least summarily for validity. Code of Canon Law Can 75 699 2 In the autonomous monasteries mentioned in can. 615, it belongs to the diocesan bishop, to whom the superior is to submit the acts examined by the council, to decide on dismissal. @@ -39891,7 +39891,7 @@ Code of Canon Law Can 75 702 2 Nevertheless, the institute is to observe equity Code of Canon Law Can 75 703 1 In the case of grave external scandal or of most grave imminent harm to the institute, a member can be expelled immediately from a religious house by the major superior or, if there is danger in delay, by the local superior with the consent of the council. If it is necessary, the major superior is to take care to begin a process of dismissal according to the norm of law or is to refer the matter to the Apostolic See. Code of Canon Law Can 75 704 1 In the report referred to in can. 592, sec. 1, which is to be sent to the Apostolic See, mention is to be made of members who have been separated from the institute in any way. Code of Canon Law Can 75 705 1 A religious raised to the episcopate remains a member of his institute but is subject only to the Roman Pontiff by virtue of the vow of obedience and is not bound by obligations which he himself prudently judges cannot be reconciled with his condition. -Code of Canon Law Can 75 706 1 The religious mentioned above: 1/ if he has lost the right of ownership of goods through profession, has the use, revenue, and administration of goods which accrue to him; a diocesan bishop and the others mentioned in can. 381, sec. 2, however, acquire property on behalf of the particular church; others, on behalf of the institute or the Holy See insofar as the institute is capable or not of possession; 2/ if he has not lost the right of ownership of goods through profession, recovers the use, revenue, and administration of the goods which he had; those things which accrue to him afterwards he fully acquires for himself; 3/ in either case, however, must dispose of goods according to the intention of the donors when they do not accrue to him personally. +Code of Canon Law Can 75 706 1 The religious mentioned above: 1) if he has lost the right of ownership of goods through profession, has the use, revenue, and administration of goods which accrue to him; a diocesan bishop and the others mentioned in can. 381, sec. 2, however, acquire property on behalf of the particular church; others, on behalf of the institute or the Holy See insofar as the institute is capable or not of possession; 2) if he has not lost the right of ownership of goods through profession, recovers the use, revenue, and administration of the goods which he had; those things which accrue to him afterwards he fully acquires for himself; 3) in either case, however, must dispose of goods according to the intention of the donors when they do not accrue to him personally. Code of Canon Law Can 75 707 1 A retired religious bishop can choose a place of residence even outside the houses of his institute, unless the Apostolic See has provided otherwise. Code of Canon Law Can 75 707 2 If he has served some diocese, can. 402, sec. 2 is to be observed with respect to his appropriate and worthy support, unless his own institute wishes to provide such support; otherwise the Apostolic See is to provide in another manner. Code of Canon Law Can 75 708 1 Major superiors can be associated usefully in conferences or councils so that by common efforts they work to achieve more fully the purpose of the individual institutes, always without prejudice to their autonomy, character, and proper spirit, or to transact common affairs, or to establish appropriate coordination and cooperation with the conferences of bishops and also with individual bishops. @@ -39916,7 +39916,7 @@ Code of Canon Law Can 75 719 2 The celebration of the Eucharist, daily if possib Code of Canon Law Can 75 719 3 They are to approach freely the sacrament of penance which they are to receive frequently. Code of Canon Law Can 75 719 4 They are to obtain freely necessary direction of conscience and to seek counsel of this kind even from the moderators, if they wish. Code of Canon Law Can 75 720 1 The right of admission into the institute, either for probation or for the assumption of sacred bonds, whether temporary or perpetual or definitive, belongs to the major moderators with their council, according to the norm of the constitutions. -Code of Canon Law Can 75 721 1 A person is admitted to initial probation invalidly: 1/ who has not yet attained the age of majority; 2/ who is bound currently by a sacred bond in some institute of consecrated life or is incorporated in a society of apostolic life; 3/ a spouse, while the marriage continues to exist. +Code of Canon Law Can 75 721 1 A person is admitted to initial probation invalidly: 1) who has not yet attained the age of majority; 2) who is bound currently by a sacred bond in some institute of consecrated life or is incorporated in a society of apostolic life; 3) a spouse, while the marriage continues to exist. Code of Canon Law Can 75 721 2 The constitutions can establish other impediments to admission even for validity or can attach conditions. Code of Canon Law Can 75 721 3 Moreover, to be received, the person must have the maturity necessary to lead rightly the proper life of the institute. Code of Canon Law Can 75 722 1 Initial probation is to be ordered in a way that the candidates understand more fittingly their own divine vocation, and indeed, the one proper to the institute, and that they are trained in the spirit and way of life of the institute. @@ -39982,7 +39982,7 @@ Code of Canon Law Can 75 757 1 It is proper for presbyters, who are co-workers o Code of Canon Law Can 75 758 1 By virtue of their consecration to God, members of institutes of consecrated life give witness to the gospel in a special way and the bishop appropriately calls upon them as a help in proclaiming the gospel. Code of Canon Law Can 75 759 1 By virtue of baptism and confirmation, lay members of the Christian faithful are witnesses of the gospel message by word and the example of a Christian life; they can also be called upon to cooperate with the bishop and presbyters in the exercise of the ministry of the word. Code of Canon Law Can 75 760 1 The mystery of Christ is to be set forth completely and faithfully in the ministry of the word, which must be based upon sacred scripture, tradition, liturgy, the magisterium, and the life of the Church. -Code of Canon Law Can 75 761 1 The various means available are to be used to proclaim Christian doctrine: first of all preaching and catechetical instruction, which always hold the principal place, but also the presentation of doctrine in schools, academies, conferences, and meetings of every type and its diVusion through public declarations in the press or in other instruments of social communication by legitimate authority on the occasion of certain events. +Code of Canon Law Can 75 761 1 The various means available are to be used to proclaim Christian doctrine: first of all preaching and catechetical instruction, which always hold the principal place, but also the presentation of doctrine in schools, academies, conferences, and meetings of every type and its diffusion through public declarations in the press or in other instruments of social communication by legitimate authority on the occasion of certain events. Code of Canon Law Can 75 762 1 Sacred ministers, among whose principal duties is the proclamation of the gospel of God to all, are to hold the function of preaching in esteem since the people of God are first brought together by the word of the living God, which it is certainly right to require from the mouth of priests. Code of Canon Law Can 75 763 1 Bishops have the right to preach the word of God everywhere, including in churches and oratories of religious institutes of pontifical right, unless the local bishop has expressly forbidden it in particular cases. Code of Canon Law Can 75 764 1 Without prejudice to the prescript of can. 765, presbyters and deacons possess the faculty of preaching everywhere; this faculty is to be exercised with at least the presumed consent of the rector of the church, unless the competent ordinary has restricted or taken away the faculty or particular law requires express permission. @@ -39993,10 +39993,10 @@ Code of Canon Law Can 75 767 2 A homily must be given at all Masses on Sundays a Code of Canon Law Can 75 767 3 It is strongly recommended that if there is a sufficient congregation, a homily is to be given even at Masses celebrated during the week, especially during the time of Advent and Lent or on the occasion of some feast day or a sorrowful event. Code of Canon Law Can 75 767 4 It is for the pastor or rector of a church to take care that these prescripts are observed conscientiously. Code of Canon Law Can 75 768 1 Those who proclaim the divine word are to propose first of all to the Christian faithful those things which one must believe and do for the glory of God and the salvation of humanity. -Code of Canon Law Can 75 768 2 They are also to impart to the faithful the doctrine which the magisterium of the Church sets forth concerning the dignity and freedom of the human person, the unity and stability of the family and its duties, the obligations which people have from being joined together in society, and the ordering of temporal aVairs according to the plan established by God. +Code of Canon Law Can 75 768 2 They are also to impart to the faithful the doctrine which the magisterium of the Church sets forth concerning the dignity and freedom of the human person, the unity and stability of the family and its duties, the obligations which people have from being joined together in society, and the ordering of temporal affairs according to the plan established by God. Code of Canon Law Can 75 769 1 Christian doctrine is to be set forth in a way accommodated to the condition of the listeners and in a manner adapted to the needs of the times. Code of Canon Law Can 75 770 1 At certain times according to the prescripts of the diocesan bishop, pastors are to arrange for those types of preaching which are called spiritual exercises and sacred missions or for other forms of preaching adapted to needs. -Code of Canon Law Can 75 771 1 Pastors of souls, especially bishops and pastors, are to be concerned that the word of God is also proclaimed to those of the faithful who because of the condition of their life do not have suYcient common and ordinary pastoral care or lack it completely. +Code of Canon Law Can 75 771 1 Pastors of souls, especially bishops and pastors, are to be concerned that the word of God is also proclaimed to those of the faithful who because of the condition of their life do not have sufficient common and ordinary pastoral care or lack it completely. Code of Canon Law Can 75 771 2 They are also to make provision that the message of the gospel reaches non-believers living in the territory since the care of souls must also extend to them no less than to the faithful. Code of Canon Law Can 75 772 1 In the exercise of preaching, moreover, all are to observe the norms issued by the diocesan bishop. Code of Canon Law Can 75 772 2 In giving a radio or television talk on Christian doctrine, the prescripts established by the conference of bishops are to be observed. @@ -40007,7 +40007,7 @@ Code of Canon Law Can 75 775 1 Having observed the prescripts issued by the Apos Code of Canon Law Can 75 775 2 If it seems useful, it is for the conference of bishops to take care that catechisms are issued for its territory, with the previous approval of the Apostolic See. Code of Canon Law Can 75 775 3 The conference of bishops can establish a catechetical office whose primary function is to assist individual dioceses in catechetical matters. Code of Canon Law Can 75 776 1 By virtue of his function, a pastor is bound to take care of the catechetical formation of adults, youth, and children, to which purpose he is to use the help of the clerics attached to the parish, of members of institutes of consecrated life and of societies of apostolic life, taking into account the character of each institute, and of lay members of the Christian faithful, especially of catechists. None of these are to refuse to offer their help willingly unless they are legitimately impeded. The pastor is to promote and foster the function of parents in the family catechesis mentioned in can. 774, sec. 2. -Code of Canon Law Can 75 777 1 Attentive to the norms established by the diocesan bishop, a pastor is to take care in a special way: 1/ that suitable catechesis is imparted for the celebration of the sacraments; 2/ that through catechetical instruction imparted for an appropriate period of time children are prepared properly for the first reception of the sacraments of penance and the Most Holy Eucharist and for the sacrament of confirmation; 3/ that having received first communion, these children are enriched more fully and deeply through catechetical formation; 4/ that catechetical instruction is given also to those who are physically or mentally impeded, insofar as their condition permits; 5/ that the faith of youth and adults is strengthened, enlightened, and developed through various means and endeavors. +Code of Canon Law Can 75 777 1 Attentive to the norms established by the diocesan bishop, a pastor is to take care in a special way: 1) that suitable catechesis is imparted for the celebration of the sacraments; 2) that through catechetical instruction imparted for an appropriate period of time children are prepared properly for the first reception of the sacraments of penance and the Most Holy Eucharist and for the sacrament of confirmation; 3) that having received first communion, these children are enriched more fully and deeply through catechetical formation; 4) that catechetical instruction is given also to those who are physically or mentally impeded, insofar as their condition permits; 5) that the faith of youth and adults is strengthened, enlightened, and developed through various means and endeavors. Code of Canon Law Can 75 778 1 Religious superiors and superiors of societies of apostolic life are to take care that catechetical instruction is imparted diligently in their churches, schools, and other works entrusted to them in any way. Code of Canon Law Can 75 779 1 Catechetical instruction is to be given by using all helps, teaching aids, and instruments of social communication which seem more effective so that the faithful, in a manner adapted to their character, capabilities and age, and conditions of life, are able to learn Catholic doctrine more fully and put it into practice more suitably. Code of Canon Law Can 75 780 1 Local ordinaries are to take care that catechists are duly prepared to fulfill their function properly, namely, that continuing formation is made available to them, that they understand the doctrine of the Church appropriately, and that they learn in theory and in practice the methods proper to the teaching disciplines. @@ -40025,9 +40025,9 @@ Code of Canon Law Can 75 788 1 When the period of the precatechumenate has been Code of Canon Law Can 75 788 2 Through instruction and the first experience of Christian life, catechumens are to be initiated suitably into the mystery of salvation and introduced into the life of the faith, the liturgy, the charity of the people of God, and the apostolate. Code of Canon Law Can 75 788 3 It is for the conference of bishops to issue statutes which regulate the catechumenate by determining what things must be expected of the catechumens and by defining what prerogatives are to be recognized as theirs. Code of Canon Law Can 75 789 1 Neophytes are to be formed through suitable instruction to understand the gospel truth more deeply and to fulfill the duties assumed through baptism; they are to be imbued with a sincere love for Christ and his Church. -Code of Canon Law Can 75 790 1 It is for the diocesan bishop in the territories of a mission: 1/ to promote, direct, and coordinate endeavors and works which pertain to missionary action; 2/ to take care that appropriate agreements are entered into with moderators of institutes which dedicate themselves to missionary work and that relations with them result in the good of the mission. +Code of Canon Law Can 75 790 1 It is for the diocesan bishop in the territories of a mission: 1) to promote, direct, and coordinate endeavors and works which pertain to missionary action; 2) to take care that appropriate agreements are entered into with moderators of institutes which dedicate themselves to missionary work and that relations with them result in the good of the mission. Code of Canon Law Can 75 790 2 All missionaries, even religious and their assistants living in his jurisdiction, are subject to the prescripts issued by the diocesan bishop mentioned in sec. 1, n. 1. -Code of Canon Law Can 75 791 1 To foster missionary cooperation in individual dioceses: 1/ missionary vocations are to be promoted; 2/ a priest is to be designated to promote effectively endeavors for the missions, especially the Pontifical Missionary Works; 3/ an annual day for the missions is to be celebrated; 4/ a suitable offering for the missions is to be contributed each year and sent to the Holy See. +Code of Canon Law Can 75 791 1 To foster missionary cooperation in individual dioceses: 1) missionary vocations are to be promoted; 2) a priest is to be designated to promote effectively endeavors for the missions, especially the Pontifical Missionary Works; 3) an annual day for the missions is to be celebrated; 4) a suitable offering for the missions is to be contributed each year and sent to the Holy See. Code of Canon Law Can 75 792 1 Conferences of bishops are to establish and promote works by which those who come to their territory from mission lands for the sake of work or study are received as brothers and sisters and assisted with adequate pastoral care. Code of Canon Law Can 75 793 1 Parents and those who take their place are bound by the obligation and possess the right of educating their offspring. Catholic parents also have the duty and right of choosing those means and institutions through which they can provide more suitably for the Catholic education of their children, according to local circumstances. Code of Canon Law Can 75 793 2 Parents also have the right to that assistance, to be furnished by civil society, which they need to secure the Catholic education of their children. @@ -40068,7 +40068,7 @@ Code of Canon Law Can 75 816 2 Individual ecclesiastical universities and facult Code of Canon Law Can 75 817 1 No university or faculty which has not been erected or approved by the Apostolic See is able to confer academic degrees which have canonical effects in the Church. Code of Canon Law Can 75 818 1 The prescripts established for Catholic universities in cann. 810, 812, and 813 are also valid for ecclesiastical universities and faculties. Code of Canon Law Can 75 819 1 To the extent that the good of a diocese, a religious institute, or even the universal Church itself requires it, diocesan bishops or the competent superiors of the institutes must send to ecclesiastical universities or faculties youth, clerics, and members, who are outstanding in character, virtue, and talent. -Code of Canon Law Can 75 820 1 The moderators and professors of ecclesiastical universities and faculties are to take care that the various faculties of the university oVer mutual assistance as their subject matter allows and that there is mutual cooperation between their own university or faculty and other universities and faculties, even non-ecclesiastical ones, by which they work together for the greater advance of knowledge through common eVort, meetings, coordinated scientific research, and other means. +Code of Canon Law Can 75 820 1 The moderators and professors of ecclesiastical universities and faculties are to take care that the various faculties of the university offer mutual assistance as their subject matter allows and that there is mutual cooperation between their own university or faculty and other universities and faculties, even non-ecclesiastical ones, by which they work together for the greater advance of knowledge through common effort, meetings, coordinated scientific research, and other means. Code of Canon Law Can 75 821 1 The conference of bishops and the diocesan bishop are to make provision so that where possible, higher institutes of the religious sciences are established, namely, those which teach the theological disciplines and other disciplines which pertain to Christian culture. Code of Canon Law Can 75 822 1 The pastors of the Church, using a right proper to the Church in fulfilling their function, are to endeavor to make use of the instruments of social communication. Code of Canon Law Can 75 822 2 These same pastors are to take care to teach the faithful that they are bound by the duty of cooperating so that a human and Christian spirit enlivens the use of instruments of social communication. @@ -40094,7 +40094,7 @@ Code of Canon Law Can 75 830 3 A censor must give his or her opinion in writing; Code of Canon Law Can 75 831 1 Except for a just and reasonable cause, the Christian faithful are not to write anything for newspapers, magazines, or periodicals which are accustomed to attack openly the Catholic religion or good morals; clerics and members of religious institutes, however, are to do so only with the permission of the local ordinary. Code of Canon Law Can 75 831 2 It is for the conference of bishops to establish norms concerning the requirements for clerics and members of religious institutes to take part on radio or television in dealing with questions of Catholic doctrine or morals. Code of Canon Law Can 75 832 1 Members of religious institutes also need permission of their major superior according to the norm of the constitutions in order to publish writings dealing with questions of religion or morals. -Code of Canon Law Can 75 833 1 The following are obliged personally to make a profession of faith according to the formula approved by the Apostolic See: 1/ in the presence of the president or his delegate, all those who attend with either a deliberative or consultative vote an ecumenical or particular council, a synod of bishops, and a diocesan synod; the president, however, makes it in the presence of the council or synod; 2/ those promoted to the cardinalatial dignity, according to the statutes of the sacred college; 3/ in the presence of the one delegated by the Apostolic See, all those promoted to the episcopate as well as those who are equivalent to a diocesan bishop; 4/ in the presence of the college of consultors, the diocesan administrator; 5/ in the presence of the diocesan bishop or his delegate, vicars general, episcopal vicars, and judicial vicars; 6/ in the presence of the local ordinary or his delegate and at the beginning of their function, pastors, the rector of a seminary, and teachers of theology and philosophy in seminaries; those to be promoted to the order of the diaconate; 7/ in the presence of the grand chancellor or, in his absence, in the presence of the local ordinary or their delegates, the rector of an ecclesiastical or Catholic university, when the rector's function begins; in the presence of the rector if he is a priest or in the presence of the local ordinary or their delegates, teachers in any universities whatsoever who teach disciplines pertaining to faith or morals, when they begin their function; 8/ Superiors in clerical religious institutes and societies of apostolic life, according to the norm of the constitutions. +Code of Canon Law Can 75 833 1 The following are obliged personally to make a profession of faith according to the formula approved by the Apostolic See: 1) in the presence of the president or his delegate, all those who attend with either a deliberative or consultative vote an ecumenical or particular council, a synod of bishops, and a diocesan synod; the president, however, makes it in the presence of the council or synod; 2) those promoted to the cardinalatial dignity, according to the statutes of the sacred college; 3) in the presence of the one delegated by the Apostolic See, all those promoted to the episcopate as well as those who are equivalent to a diocesan bishop; 4) in the presence of the college of consultors, the diocesan administrator; 5) in the presence of the diocesan bishop or his delegate, vicars general, episcopal vicars, and judicial vicars; 6) in the presence of the local ordinary or his delegate and at the beginning of their function, pastors, the rector of a seminary, and teachers of theology and philosophy in seminaries; those to be promoted to the order of the diaconate; 7) in the presence of the grand chancellor or, in his absence, in the presence of the local ordinary or their delegates, the rector of an ecclesiastical or Catholic university, when the rector's function begins; in the presence of the rector if he is a priest or in the presence of the local ordinary or their delegates, teachers in any universities whatsoever who teach disciplines pertaining to faith or morals, when they begin their function; 8) Superiors in clerical religious institutes and societies of apostolic life, according to the norm of the constitutions. Code of Canon Law Can 75 834 1 The Church fulfills its sanctifying function in a particular way through the sacred liturgy, which is an exercise of the priestly function of Jesus Christ. In the sacred liturgy the sanctification of humanity is signified through sensible signs and effected in a manner proper to each sign. In the sacred liturgy, the whole public worship of God is carried out by the Head and members of the mystical Body of Jesus Christ. Code of Canon Law Can 75 834 2 Such worship takes place when it is carried out in the name of the Church by persons legitimately designated and through acts approved by the authority of the Church. Code of Canon Law Can 75 835 1 The bishops in the first place exercise the sanctifying function; they are the high priests, the principal dispensers of the mysteries of God, and the directors, promoters, and guardians of the entire liturgical life in the church entrusted to them. @@ -40130,7 +40130,7 @@ Code of Canon Law Can 75 847 2 The pastor is to obtain the holy oils from his ow Code of Canon Law Can 75 848 1 The minister is to seek nothing for the administration of the sacraments beyond the offerings defined by competent authority, always taking care that the needy are not deprived of the assistance of the sacraments because of poverty. Code of Canon Law Can 75 849 1 Baptism, the gateway to the sacraments and necessary for salvation by actual reception or at least by desire, is validly conferred only by a washing of true water with the proper form of words. Through baptism men and women are freed from sin, are reborn as children of God, and, configured to Christ by an indelible character, are incorporated into the Church. Code of Canon Law Can 75 850 1 Baptism is administered according to the order prescribed in the approved liturgical books, except in case of urgent necessity when only those things required for the validity of the sacrament must be observed. -Code of Canon Law Can 75 851 1 The celebration of baptism must be prepared properly; consequently: 1/ an adult who intends to receive baptism is to be admitted to the catechumenate and is to be led insofar as possible through the various stages to sacramental initiation, according to the order of initiation adapted by the conference of bishops and the special norms issued by it; 2/ the parents of an infant to be baptized and those who are to undertake the function of sponsor are to be instructed properly on the meaning of this sacrament and the obligations attached to it. The pastor personally or through others is to take care that the parents are properly instructed through both pastoral advice and common prayer, bringing several families together and, where possible, visiting them. +Code of Canon Law Can 75 851 1 The celebration of baptism must be prepared properly; consequently: 1) an adult who intends to receive baptism is to be admitted to the catechumenate and is to be led insofar as possible through the various stages to sacramental initiation, according to the order of initiation adapted by the conference of bishops and the special norms issued by it; 2) the parents of an infant to be baptized and those who are to undertake the function of sponsor are to be instructed properly on the meaning of this sacrament and the obligations attached to it. The pastor personally or through others is to take care that the parents are properly instructed through both pastoral advice and common prayer, bringing several families together and, where possible, visiting them. Code of Canon Law Can 75 852 1 The prescripts of the canons on adult baptism are to be applied to all those who, no longer infants, have attained the use of reason. Code of Canon Law Can 75 852 2 A person who is not responsible for oneself (non sui compos) is also regarded as an infant with respect to baptism. Code of Canon Law Can 75 853 1 Apart from a case of necessity, the water to be used in conferring baptism must be blessed according to the prescripts of the liturgical books. @@ -40154,7 +40154,7 @@ Code of Canon Law Can 75 865 2 An adult in danger of death can be baptized if, h Code of Canon Law Can 75 866 1 Unless there is a grave reason to the contrary, an adult who is baptized is to be confirmed immediately after baptism and is to participate in the eucharistic celebration also by receiving communion Code of Canon Law Can 75 867 1 Parents are obliged to take care that infants are baptized in the first few weeks; as soon as possible after the birth or even before it, they are to go to the pastor to request the sacrament for their child and to be prepared properly for it. Code of Canon Law Can 75 867 2 An infant in danger of death is to be baptized without delay. -Code of Canon Law Can 75 868 1 For an infant to be baptized licitly: 1/ the parents or at least one of them or the person who legitimately takes their place must consent; 2/ there must be a founded hope that the infant will be brought up in the Catholic religion; if such hope is altogether lacking, the baptism is to be delayed according to the prescripts of particular law after the parents have been advised about the reason. +Code of Canon Law Can 75 868 1 For an infant to be baptized licitly: 1) the parents or at least one of them or the person who legitimately takes their place must consent; 2) there must be a founded hope that the infant will be brought up in the Catholic religion; if such hope is altogether lacking, the baptism is to be delayed according to the prescripts of particular law after the parents have been advised about the reason. Code of Canon Law Can 75 868 2 An infant of Catholic parents or even of non-Catholic parents is baptized licitly in danger of death even against the will of the parents. Code of Canon Law Can 75 869 1 If there is a doubt whether a person has been baptized or whether baptism was conferred validly and the doubt remains after a serious investigation, baptism is to be conferred conditionally. Code of Canon Law Can 75 869 2 Those baptized in a non-Catholic ecclesial community must not be baptized conditionally unless, after an examination of the matter and the form of the words used in the conferral of baptism and a consideration of the intention of the baptized adult and the minister of the baptism, a serious reason exists to doubt the validity of the baptism. @@ -40163,7 +40163,7 @@ Code of Canon Law Can 75 870 1 An abandoned infant or a foundling is to be bapti Code of Canon Law Can 75 871 1 If aborted fetuses are alive, they are to be baptized insofar as possible. Code of Canon Law Can 75 872 1 Insofar as possible, a person to be baptized is to be given a sponsor who assists an adult in Christian initiation or together with the parents presents an infant for baptism. A sponsor also helps the baptized person to lead a Christian life in keeping with baptism and to fulfill faithfully the obligations inherent in it. Code of Canon Law Can 75 873 1 There is to be only one male sponsor or one female sponsor or one of each. -Code of Canon Law Can 75 874 1 To be permitted to take on the function of sponsor a person must: 1/ be designated by the one to be baptized, by the parents or the person who takes their place, or in their absence by the pastor or minister and have the aptitude and intention of fulfilling this function; 2/ have completed the sixteenth year of age, unless the diocesan bishop has established another age, or the pastor or minister has granted an exception for a just cause; 3/ be a Catholic who has been confirmed and has already received the most holy sacrament of the Eucharist and who leads a life of faith in keeping with the function to be taken on; 4/ not be bound by any canonical penalty legitimately imposed or declared; 5/ not be the father or mother of the one to be baptized. +Code of Canon Law Can 75 874 1 To be permitted to take on the function of sponsor a person must: 1) be designated by the one to be baptized, by the parents or the person who takes their place, or in their absence by the pastor or minister and have the aptitude and intention of fulfilling this function; 2) have completed the sixteenth year of age, unless the diocesan bishop has established another age, or the pastor or minister has granted an exception for a just cause; 3) be a Catholic who has been confirmed and has already received the most holy sacrament of the Eucharist and who leads a life of faith in keeping with the function to be taken on; 4) not be bound by any canonical penalty legitimately imposed or declared; 5) not be the father or mother of the one to be baptized. Code of Canon Law Can 75 874 2 A baptized person who belongs to a non-Catholic ecclesial community is not to participate except together with a Catholic sponsor and then only as a witness of the baptism. Code of Canon Law Can 75 875 1 A person who administers baptism is to take care that, unless a sponsor is present, there is at least a witness who can attest to the conferral of the baptism. Code of Canon Law Can 75 876 1 To prove the conferral of baptism, if prejudicial to no one, the declaration of one witness beyond all exception is sufficient or the oath of the one baptized if the person received baptism as an adult. @@ -40176,7 +40176,7 @@ Code of Canon Law Can 75 880 1 The sacrament of confirmation is conferred by the Code of Canon Law Can 75 880 2 The chrism to be used in the sacrament of confirmation must be consecrated by a bishop even if a presbyter administers the sacrament. Code of Canon Law Can 75 881 1 It is desirable to celebrate the sacrament of confirmation in a church and during Mass; for a just and reasonable cause, however, it can be celebrated outside Mass and in any worthy place. Code of Canon Law Can 75 882 1 The ordinary minister of confir-mation is a bishop; a presbyter provided with this faculty in virtue of universal law or the special grant of the competent authority also confers this sacrament validly. -Code of Canon Law Can 75 883 1 The following possess the faculty of administering confirmation by the law itself: 1/ within the boundaries of their jurisdiction, those who are equivalent in law to a diocesan bishop; 2/ as regards the person in question, the presbyter who by virtue of office or mandate of the diocesan bishop baptizes one who is no longer an infant or admits one already baptized into the full communion of the Catholic Church; 3/ as regards those who are in danger of death, the pastor or indeed any presbyter. +Code of Canon Law Can 75 883 1 The following possess the faculty of administering confirmation by the law itself: 1) within the boundaries of their jurisdiction, those who are equivalent in law to a diocesan bishop; 2) as regards the person in question, the presbyter who by virtue of office or mandate of the diocesan bishop baptizes one who is no longer an infant or admits one already baptized into the full communion of the Catholic Church; 3) as regards those who are in danger of death, the pastor or indeed any presbyter. Code of Canon Law Can 75 884 1 The diocesan bishop is to administer confirmation personally or is to take care that another bishop administers it. If necessity requires it, he can grant the faculty to one or more specific presbyters, who are to administer this sacrament. Code of Canon Law Can 75 884 2 For a grave cause the bishop and even the presbyter endowed with the faculty of confirming in virtue of the law or the special grant of the competent authority can in single cases also associate presbyters with themselves to administer the sacrament. Code of Canon Law Can 75 885 1 The diocesan bishop is ob-liged to take care that the sacrament of confir-mation is conferred on subjects who properly and reasonably seek it. @@ -40248,7 +40248,7 @@ Code of Canon Law Can 75 931 1 The celebration and distribution of the Eucharist Code of Canon Law Can 75 932 1 The eucharistic celebration is to be carried out in a sacred place unless in a particular case necessity requires otherwise; in such a case the celebration must be done in a decent place. Code of Canon Law Can 75 932 2 The eucharistic sacrifice must be carried out on a dedicated or blessed altar; outside a sacred place a suitable table can be used, always with a cloth and a corporal. Code of Canon Law Can 75 933 1 For a just cause and with the express permission of the local ordinary, a priest is permitted to celebrate the Eucharist in the place of worship of some Church or ecclesial community which does not have full communion with the Catholic Church so long as there is no scandal. -Code of Canon Law Can 75 934 1 The Most Holy Eucharist: 1/ must be reserved in the cathedral church or its equivalent, in every parish church, and in a church or oratory connected to the house of a religious institute or society of apostolic life; 2/ can be reserved in the chapel of the bishop and, with the permission of the local ordinary, in other churches, oratories, and chapels. +Code of Canon Law Can 75 934 1 The Most Holy Eucharist: 1) must be reserved in the cathedral church or its equivalent, in every parish church, and in a church or oratory connected to the house of a religious institute or society of apostolic life; 2) can be reserved in the chapel of the bishop and, with the permission of the local ordinary, in other churches, oratories, and chapels. Code of Canon Law Can 75 934 2 In sacred places where the Most Holy Eucharist is reserved, there must always be someone responsible for it and, insofar as possible, a priest is to celebrate Mass there at least twice a month. Code of Canon Law Can 75 935 1 No one is permitted to keep the Eucharist on one's person or to carry it around, unless pastoral necessity urges it and the prescripts of the diocesan bishop are observed. Code of Canon Law Can 75 936 1 In the house of a religious institute or some other pious house, the Most Holy Eucharist is to be reserved only in the church or principal oratory attached to the house. For a just cause, however, the ordinary can also permit it to be reserved in another oratory of the same house. @@ -40290,7 +40290,7 @@ Code of Canon Law Can 75 958 1 The pastor and the rector of a church or other pi Code of Canon Law Can 75 958 2 The ordinary is obliged to examine these books each year either personally or through others. Code of Canon Law Can 75 959 1 In the sacrament of penance the faithful who confess their sins to a legitimate minister, are sorry for them, and intend to reform themselves obtain from God through the absolution imparted by the same minister forgiveness for the sins they have committed after baptism and, at the same, time are reconciled with the Church which they have wounded by sinning. Code of Canon Law Can 75 960 1 Individual and integral confession and absolution constitute the only ordinary means by which a member of the faithful conscious of grave sin is reconciled with God and the Church. Only physical or moral impossibility excuses from confession of this type; in such a case reconciliation can be obtained by other means. -Code of Canon Law Can 75 961 1 Absolution cannot be imparted in a general manner to many penitents at once without previous individual confession unless: 1/ danger of death is imminent and there is insufficient time for the priest or priests to hear the confessions of the individual penitents; 2/ there is grave necessity, that is, when in view of the number of penitents, there are not enough confessors available to hear the confessions of individuals properly within a suitable period of time in such a way that the penitents are forced to be deprived for a long while of sacramental grace or holy communion through no fault of their own. Sufficient necessity is not considered to exist when confessors cannot be present due only to the large number of penitents such as can occur on some great feast or pilgrimage. +Code of Canon Law Can 75 961 1 Absolution cannot be imparted in a general manner to many penitents at once without previous individual confession unless: 1) danger of death is imminent and there is insufficient time for the priest or priests to hear the confessions of the individual penitents; 2) there is grave necessity, that is, when in view of the number of penitents, there are not enough confessors available to hear the confessions of individuals properly within a suitable period of time in such a way that the penitents are forced to be deprived for a long while of sacramental grace or holy communion through no fault of their own. Sufficient necessity is not considered to exist when confessors cannot be present due only to the large number of penitents such as can occur on some great feast or pilgrimage. Code of Canon Law Can 75 961 2 It belongs to the diocesan bishop to judge whether the conditions required according to the norm of sec. 1, n. 2 are present. He can determine the cases of such necessity, attentive to the criteria agreed upon with the other members of the conference of bishops. Code of Canon Law Can 75 962 1 For a member of the Christian faithful validly to receive sacramental absolution given to many at one time, it is required not only that the person is properly disposed but also at the same time intends to confess within a suitable period of time each grave sin which at the present time cannot be so confessed. Code of Canon Law Can 75 962 2 Insofar as it can be done even on the occasion of the reception of general absolution, the Christian faithful are to be instructed about the requirements of the norm of sec. 1. An exhortation that each person take care to make an act of contrition is to precede general absolution even in the case of danger of death, if there is time. @@ -40346,8 +40346,8 @@ Code of Canon Law Can 75 995 2 No authority below the Roman Pontiff can entrust Code of Canon Law Can 75 996 1 To be capable of gaining indulgences, a person must be baptized, not excommunicated, and in the state of grace at least at the end of the prescribed works. Code of Canon Law Can 75 996 2 To gain indulgences, however, a capable subject must have at least the general intention of acquiring them and must fulfill the enjoined works in the established time and the proper method, according to the tenor of the grant. Code of Canon Law Can 75 997 1 As regards the granting and use of indulgences, the other prescripts contained in the special laws of the Church must also be observed. -Code of Canon Law Can 75 998 1 The anointing of the sick, by which the Church commends the faithful who are dangerously ill to the suVering and glorified Lord in order that he relieve and save them, is conferred by anointing them with oil and pronouncing the words prescribed in the liturgical books. -Code of Canon Law Can 75 999 1 In addition to a bishop, the following can bless the oil to be used in the anointing of the sick: 1/ those equivalent to a diocesan bishop by law; 2/ any presbyter in a case of necessity, but only in the actual celebration of the sacrament. +Code of Canon Law Can 75 998 1 The anointing of the sick, by which the Church commends the faithful who are dangerously ill to the suffering and glorified Lord in order that he relieve and save them, is conferred by anointing them with oil and pronouncing the words prescribed in the liturgical books. +Code of Canon Law Can 75 999 1 In addition to a bishop, the following can bless the oil to be used in the anointing of the sick: 1) those equivalent to a diocesan bishop by law; 2) any presbyter in a case of necessity, but only in the actual celebration of the sacrament. Code of Canon Law Can 75 1000 1 The anointings with the words, order, and manner prescribed in the liturgical books are to be performed carefully. In a case of necessity, however, a single anointing on the forehead or even on some other part of the body is sufficient, while the entire formula is said. Code of Canon Law Can 75 1000 2 The minister is to perform the anointings with his own hand, unless a grave reason warrants the use of an instrument. Code of Canon Law Can 75 1001 1 Pastors of souls and those close to the sick are to take care that the sick are consoled by this sacrament at the appropriate time. @@ -40375,7 +40375,7 @@ Code of Canon Law Can 75 1015 2 If not impeded by a just cause, the proper bisho Code of Canon Law Can 75 1015 3 The person who can give dimissorial letters to receive orders can himself also confer the same orders personally if he possesses the episcopal character. Code of Canon Law Can 75 1016 1 As regards the diaconal ordination of those who intend to be enrolled in the secular clergy, the proper bishop is the bishop of the diocese in which the candidate has a domicile or the bishop of the diocese to which the candidate is determined to devote himself. As regards the presbyteral ordination of secular clerics, it is the bishop of the diocese in which the candidate was incardinated through the diaconate. Code of Canon Law Can 75 1017 1 A bishop cannot confer orders outside his own jurisdiction without the permission of the diocesan bishop. -Code of Canon Law Can 75 1018 1 The following can give dimissorial letters for secular clergy: 1/ the proper bishop mentioned in can. 1016; 2/ an apostolic administrator and, with the consent of the college of consultors, a diocesan administrator; with the consent of the council mentioned in can. 495, sec. 2, an apostolic pro-vicar and an apostolic pro-prefect. +Code of Canon Law Can 75 1018 1 The following can give dimissorial letters for secular clergy: 1) the proper bishop mentioned in can. 1016; 2) an apostolic administrator and, with the consent of the college of consultors, a diocesan administrator; with the consent of the council mentioned in can. 495, sec. 2, an apostolic pro-vicar and an apostolic pro-prefect. Code of Canon Law Can 75 1018 2 A diocesan administrator, apostolic pro-vicar, and apostolic pro-prefect are not to grant dimissorial letters to those who have been denied admission to orders by the diocesan bishop, the apostolic vicar, or the apostolic prefect. Code of Canon Law Can 75 1019 1 The major superior of a clerical religious institute of pontifical right or of a clerical society of apostolic life of pontifical right is competent to grant dimissorial letters for the diaconate and the presbyterate to their subjects who are enrolled perpetually or defin-itively in the institute or society according to their constitutions. Code of Canon Law Can 75 1019 2 The law for secular clerics governs the ordination of all other candidates of any institute or society; any other indult granted to superiors is revoked. @@ -40408,24 +40408,24 @@ Code of Canon Law Can 75 1036 1 In order to be promoted to the order of diaconat Code of Canon Law Can 75 1037 1 An unmarried candidate for the permanent diaconate and a candidate for the presbyterate are not to be admitted to the order of diaconate unless they have assumed the obligation of celibacy in the prescribed rite publicly before God and the Church or have made perpetual vows in a religious institute. Code of Canon Law Can 75 1038 1 A deacon who refuses to be promoted to the presbyterate cannot be prohibited from the exercise of the order received unless he is prevented by a canonical impediment or another grave cause to be evaluated in the judgment of the diocesan bishop or competent major superior. Code of Canon Law Can 75 1039 1 All candidates for any order are to make a spiritual retreat for at least five days in a place and manner determined by the ordinary. Before the bishop proceeds to ordination, he must be certain that the candidates properly made this retreat. -Code of Canon Law Can 75 1040 1 Those aVected by any impediment, whether perpetual, which is called an irregularity, or simple, are prevented from receiving orders. The only impediments incurred, however, are those contained in the following canons. -Code of Canon Law Can 75 1041 1 The following are irregular for receiving orders: 1/ a person who labors under some form of amentia or other psychic illness due to which, after experts have been consulted, he is judged unqualified to fulfill the ministry properly; 2/ a person who has committed the delict of apostasy, heresy, or schism; 3/ a person who has attempted marriage, even only civilly, while either impeded personally from entering marriage by a matrimonial bond, sacred orders, or a public perpetual vow of chastity, or with a woman bound by a valid marriage or restricted by the same type of vow; 4/ a person who has committed voluntary homicide or procured a completed abortion and all those who positively cooperated in either; 5/ a person who has mutilated himself or another gravely and maliciously or who has attempted suicide; 6/ a person who has placed an act of orders reserved to those in the order of episcopate or presbyterate while either lacking that order or prohibited from its exercise by some declared or imposed canonical penalty. -Code of Canon Law Can 75 1042 1 The following are simply impeded from receiving orders: 1/ a man who has a wife, unless he is legitimately destined to the permanent diaconate; 2/ a person who exercises an office or administration forbidden to clerics according to the norm of cann. 285 and 286 for which he must render an account, until he becomes free by having relinquished the office or administration and rendered the account; 3/ a neophyte unless he has been proven sufficiently in the judgment of the ordinary. +Code of Canon Law Can 75 1040 1 Those affected by any impediment, whether perpetual, which is called an irregularity, or simple, are prevented from receiving orders. The only impediments incurred, however, are those contained in the following canons. +Code of Canon Law Can 75 1041 1 The following are irregular for receiving orders: 1) a person who labors under some form of amentia or other psychic illness due to which, after experts have been consulted, he is judged unqualified to fulfill the ministry properly; 2) a person who has committed the delict of apostasy, heresy, or schism; 3) a person who has attempted marriage, even only civilly, while either impeded personally from entering marriage by a matrimonial bond, sacred orders, or a public perpetual vow of chastity, or with a woman bound by a valid marriage or restricted by the same type of vow; 4) a person who has committed voluntary homicide or procured a completed abortion and all those who positively cooperated in either; 5) a person who has mutilated himself or another gravely and maliciously or who has attempted suicide; 6) a person who has placed an act of orders reserved to those in the order of episcopate or presbyterate while either lacking that order or prohibited from its exercise by some declared or imposed canonical penalty. +Code of Canon Law Can 75 1042 1 The following are simply impeded from receiving orders: 1) a man who has a wife, unless he is legitimately destined to the permanent diaconate; 2) a person who exercises an office or administration forbidden to clerics according to the norm of cann. 285 and 286 for which he must render an account, until he becomes free by having relinquished the office or administration and rendered the account; 3) a neophyte unless he has been proven sufficiently in the judgment of the ordinary. Code of Canon Law Can 75 1043 1 If the Christian faithful are aware of impediments to sacred orders, they are obliged to reveal them to the ordinary or pastor before the ordination. -Code of Canon Law Can 75 1044 1 The following are irregular for the exercise of orders received: 1/ a person who has received orders illegitimately while aVected by an irregularity to receive them; 2/ a person who has committed a delict mentioned in can. 1041, n. 2, if the delict is public; 3/ a person who has committed a delict mentioned in can. 1041, nn. 3, 4, 5, 6. -Code of Canon Law Can 75 1044 2 The following are impeded from the exercise of orders: 1/ a person who has received orders illegitimately while prevented by an impediment from receiving them; 2/ a person who is aVected by amentia or some other psychic illness mentioned in can. 1041, n. 1 until the ordinary, after consulting an expert, permits the exercise of the order. +Code of Canon Law Can 75 1044 1 The following are irregular for the exercise of orders received: 1) a person who has received orders illegitimately while affected by an irregularity to receive them; 2) a person who has committed a delict mentioned in can. 1041, n. 2, if the delict is public; 3) a person who has committed a delict mentioned in can. 1041, nn. 3, 4, 5, 6. +Code of Canon Law Can 75 1044 2 The following are impeded from the exercise of orders: 1) a person who has received orders illegitimately while prevented by an impediment from receiving them; 2) a person who is affected by amentia or some other psychic illness mentioned in can. 1041, n. 1 until the ordinary, after consulting an expert, permits the exercise of the order. Code of Canon Law Can 75 1045 1 Ignorance of the irregularities and impediments does not exempt from them. Code of Canon Law Can 75 1046 1 Irregularities and impediments are multiplied if they arise from different causes. They are not multiplied, however, if they arise from the repetition of the same cause unless it is a question of the irregularity for voluntary homicide or for having procured a completed abortion. Code of Canon Law Can 75 1047 1 Dispensation from all irregularities is reserved to the Apostolic See alone if the fact on which they are based has been brought to the judicial forum. -Code of Canon Law Can 75 1047 2 Dispensation from the following irregularities and impediments to receive orders is also reserved to the Apostolic See: 1/ irregularities from the public delicts mentioned in can. 1041, nn. 2 and 3; 2/ the irregularity from the delict mentioned in can. 1041, n. 4, whether public or occult; 3/ the impediment mentioned in can. 1042, n. 1. +Code of Canon Law Can 75 1047 2 Dispensation from the following irregularities and impediments to receive orders is also reserved to the Apostolic See: 1) irregularities from the public delicts mentioned in can. 1041, nn. 2 and 3; 2) the irregularity from the delict mentioned in can. 1041, n. 4, whether public or occult; 3) the impediment mentioned in can. 1042, n. 1. Code of Canon Law Can 75 1047 3 Dispensation in public cases from the irregularities from exercising an order received mentioned in can. 1041, n. 3, and even in occult cases from the irregularities mentioned in can. 1041, n. 4 is also reserved to the Apostolic See. Code of Canon Law Can 75 1047 4 An ordinary is able to dispense from irregularities and impediments not reserved to the Holy See. Code of Canon Law Can 75 1048 1 In more urgent occult cases, if the ordinary or, when it concerns the irregularities mentioned in can. 1041, nn. 3 and 4, the Penitentiary cannot be approached and if there is imminent danger of grave harm or infamy, a person impeded by an irregularity from exercising an order can exercise it, but without prejudice to the obligation which remains of making recourse as soon as possible to the ordinary or the Penitentiary, omitting the name and through a confessor. Code of Canon Law Can 75 1049 1 Petitions to obtain a dispensation from irregularities or impediments must indicate all the irregularities and impediments. Nevertheless, a general dispensation is valid even for those omitted in good faith, except for the irregularities mentioned in can. 1041, n. 4, and for others brought to the judicial forum, but not for those omitted in bad faith. Code of Canon Law Can 75 1049 2 If it is a question of the irregularity from voluntary homicide or a procured abortion, the number of the delicts also must be mentioned for the validity of the dispensation. Code of Canon Law Can 75 1049 3 A general dispensation from irregularities and impediments to receive orders is valid for all the orders. -Code of Canon Law Can 75 1050 1 For a person to be promoted to sacred orders, the following documents are required: 1/ a testimonial that studies have been properly completed according to the norm of can. 1032; 2/ for those to be ordained to the presbyterate, a testimonial that the diaconate was received; 3/ for candidates to the diaconate, a testimonial that baptism, confirmation and the ministries mentioned in can. 1035 were received; likewise, a testimonial that the declaration mentioned in can. 1036 was made, and if the one to be ordained to the permanent diaconate is a married candidate, testimonials that the marriage was celebrated and the wife consents. -Code of Canon Law Can 75 1051 1 The following prescripts regarding the investigation about the qualities required in the one to be ordained are to be observed: 1/ there is to be a testimonial of the rector of the seminary or house of formation about the qualities required to receive the order, that is, about the sound doctrine of the candidate, his genuine piety, good morals, and aptitude to exercise the ministry, as well as, after a properly executed inquiry, about his state of physical and psychic health; 2/ in order to conduct the investigation properly, the diocesan bishop or major superior can employ other means which seem useful to him according to the circumstances of time and place, such as testimonial letters, public announcements, or other sources of information. +Code of Canon Law Can 75 1050 1 For a person to be promoted to sacred orders, the following documents are required: 1) a testimonial that studies have been properly completed according to the norm of can. 1032; 2) for those to be ordained to the presbyterate, a testimonial that the diaconate was received; 3) for candidates to the diaconate, a testimonial that baptism, confirmation and the ministries mentioned in can. 1035 were received; likewise, a testimonial that the declaration mentioned in can. 1036 was made, and if the one to be ordained to the permanent diaconate is a married candidate, testimonials that the marriage was celebrated and the wife consents. +Code of Canon Law Can 75 1051 1 The following prescripts regarding the investigation about the qualities required in the one to be ordained are to be observed: 1) there is to be a testimonial of the rector of the seminary or house of formation about the qualities required to receive the order, that is, about the sound doctrine of the candidate, his genuine piety, good morals, and aptitude to exercise the ministry, as well as, after a properly executed inquiry, about his state of physical and psychic health; 2) in order to conduct the investigation properly, the diocesan bishop or major superior can employ other means which seem useful to him according to the circumstances of time and place, such as testimonial letters, public announcements, or other sources of information. Code of Canon Law Can 75 1052 1 For a bishop conferring ordination by his own right to proceed to the ordination, he must be sure that the documents mentioned in can. 1050 are at hand and that, after the investigation has been conducted according to the norm of law, positive arguments have proven the suitability of the candidate. Code of Canon Law Can 75 1052 2 For a bishop to proceed to the ordination of someone who is not his subject, it is sufficient that the dimissorial letters mention that the same documents are at hand, that the investigation has been performed according to the norm of the law, and that the suitability of the candidate has been established. Moreover, if the candidate is a member of a religious institute or a society of apostolic life, the same letters must also attest that he has been received definitively into the institute or society and is a subject of the superior who gives the letters. Code of Canon Law Can 75 1052 3 If, all these notwithstanding, the bishop doubts for specific reasons whether a candidate is suitable to receive orders, he is not to promote him. @@ -40445,16 +40445,16 @@ Code of Canon Law Can 75 1061 2 After a marriage has been celebrated, if the spo Code of Canon Law Can 75 1061 3 An invalid marriage is called putative if at least one party celebrated it in good faith, until both parties become certain of its nullity. Code of Canon Law Can 75 1062 1 A promise of marriage, whether unilateral or bilateral, which is called an engagement, is governed by the particular law established by the conference of bishops, after it has considered any existing customs and civil laws. Code of Canon Law Can 75 1062 2 A promise to marry does not give rise to an action to seek the celebration of marriage; an action to repair damages, however, does arise if warranted. -Code of Canon Law Can 75 1063 1 Pastors of souls are obliged to take care that their ecclesiastical community offers the Christian faithful the assistance by which the matrimonial state is preserved in a Christian spirit and advances in perfection. This assistance must be offered especially by: 1/ preaching, catechesis adapted to minors, youth, and adults, and even the use of instruments of social communication, by which the Christian faithful are instructed about the meaning of Christian marriage and about the function of Christian spouses and parents; 2/ personal preparation to enter marriage, which disposes the spouses to the holiness and duties of their new state; 3/ a fruitful liturgical celebration of marriage which is to show that the spouses signify and share in the mystery of the unity and fruitful love between Christ and the Church; 4/ help offered to those who are married, so that faithfully preserving and protecting the conjugal covenant, they daily come to lead holier and fuller lives in their family. +Code of Canon Law Can 75 1063 1 Pastors of souls are obliged to take care that their ecclesiastical community offers the Christian faithful the assistance by which the matrimonial state is preserved in a Christian spirit and advances in perfection. This assistance must be offered especially by: 1) preaching, catechesis adapted to minors, youth, and adults, and even the use of instruments of social communication, by which the Christian faithful are instructed about the meaning of Christian marriage and about the function of Christian spouses and parents; 2) personal preparation to enter marriage, which disposes the spouses to the holiness and duties of their new state; 3) a fruitful liturgical celebration of marriage which is to show that the spouses signify and share in the mystery of the unity and fruitful love between Christ and the Church; 4) help offered to those who are married, so that faithfully preserving and protecting the conjugal covenant, they daily come to lead holier and fuller lives in their family. Code of Canon Law Can 75 1064 1 It is for the local ordinary to take care that such assistance is organized fit-tingly, after he has also heard men and women proven by experience and expertise if it seems opportune. Code of Canon Law Can 75 1065 1 Catholics who have not yet received the sacrament of confirmation are to receive it before they are admitted to marriage if it can be done without grave inconvenience. Code of Canon Law Can 75 1065 2 To receive the sacrament of marriage fruitfully, spouses are urged especially to approach the sacraments of penance and of the Most Holy Eucharist. Code of Canon Law Can 75 1066 1 Before a marriage is celebrated, it must be evident that nothing stands in the way of its valid and licit celebration. Code of Canon Law Can 75 1067 1 The conference of bishops is to establish norms about the examination of spouses and about the marriage banns or other opportune means to accomplish the investigations necessary before marriage. After these norms have been diligently observed, the pastor can proceed to assist at the marriage. -Code of Canon Law Can 75 1068 1 In danger of death and if other proofs cannot be obtained, the aYrmation of the contracting parties, even sworn if the case warrants it, that they are baptized and are prevented by no impediment is sufficient unless there are indications to the contrary. +Code of Canon Law Can 75 1068 1 In danger of death and if other proofs cannot be obtained, the affirmation of the contracting parties, even sworn if the case warrants it, that they are baptized and are prevented by no impediment is sufficient unless there are indications to the contrary. Code of Canon Law Can 75 1069 1 All the faithful are obliged to reveal any impediments they know about to the pastor or local ordinary before the celebration of the marriage. Code of Canon Law Can 75 1070 1 If someone other than the pastor who is to assist at marriage has conducted the investigations, the person is to notify the pastor about the results as soon as possible through an authentic document. -Code of Canon Law Can 75 1071 1 Except in a case of necessity, a person is not to assist without the permission of the local ordinary at: 1/ a marriage of transients; 2/ a marriage which cannot be recognized or celebrated according to the norm of civil law; 3/ a marriage of a person who is bound by natural obligations toward another party or children arising from a previous union; 4/ a marriage of a person who has notoriously rejected the Catholic faith; 5/ a marriage of a person who is under a censure; 6/ a marriage of a minor child when the parents are unaware or reasonably opposed; 7/ a marriage to be entered into through a proxy as mentioned in can. 1105. +Code of Canon Law Can 75 1071 1 Except in a case of necessity, a person is not to assist without the permission of the local ordinary at: 1) a marriage of transients; 2) a marriage which cannot be recognized or celebrated according to the norm of civil law; 3) a marriage of a person who is bound by natural obligations toward another party or children arising from a previous union; 4) a marriage of a person who has notoriously rejected the Catholic faith; 5) a marriage of a person who is under a censure; 6) a marriage of a minor child when the parents are unaware or reasonably opposed; 7) a marriage to be entered into through a proxy as mentioned in can. 1105. Code of Canon Law Can 75 1071 2 The local ordinary is not to grant permission to assist at the marriage of a person who has notoriously rejected the Catholic faith unless the norms mentioned in can. 1125 have been observed with necessary adaptation. Code of Canon Law Can 75 1072 1 Pastors of souls are to take care to dissuade youth from the celebration of marriage before the age at which a person usually enters marriage according to the accepted practices of the region. Code of Canon Law Can 75 1073 1 A diriment impediment renders a person unqualified to contract marriage validly. @@ -40465,7 +40465,7 @@ Code of Canon Law Can 75 1076 1 A custom which introduces a new impediment or is Code of Canon Law Can 75 1077 1 In a special case, the local ordinary can prohibit marriage for his own subjects residing anywhere and for all actually present in his own territory but only for a time, for a grave cause, and for as long as the cause continues. Code of Canon Law Can 75 1077 2 Only the supreme authority of the Church can add a nullifying clause to a prohibition. Code of Canon Law Can 75 1078 1 The local ordinary can dispense his own subjects residing anywhere and all actually present in his own territory from all impediments of ecclesiastical law except those whose dispensation is reserved to the Apostolic See. -Code of Canon Law Can 75 1078 2 Impediments whose dispensation is reserved to the Apostolic See are: 1/ the impediment arising from sacred orders or from a public perpetual vow of chastity in a religious institute of pontifical right; 2/ the impediment of crime mentioned in can. 1090. +Code of Canon Law Can 75 1078 2 Impediments whose dispensation is reserved to the Apostolic See are: 1) the impediment arising from sacred orders or from a public perpetual vow of chastity in a religious institute of pontifical right; 2) the impediment of crime mentioned in can. 1090. Code of Canon Law Can 75 1078 3 A dispensation is never given from the impediment of consanguinity in the direct line or in the second degree of the collateral line. Code of Canon Law Can 75 1079 1 In urgent danger of death, the local ordinary can dispense his own subjects residing anywhere and all actually present in his territory both from the form to be observed in the celebration of marriage and from each and every impediment of ecclesiastical law, whether public or occult, except the impediment arising from the sacred order of presbyterate. Code of Canon Law Can 75 1079 2 In the same circumstances mentioned in sec. 1, but only for cases in which the local ordinary cannot be reached, the pastor, the properly delegated sacred minister, and the priest or deacon who assists at marriage according to the norm of can. 1116, sec. 2 possess the same power of dispensing. @@ -40497,7 +40497,7 @@ Code of Canon Law Can 75 1091 4 A marriage is never permitted if doubt exists wh Code of Canon Law Can 75 1092 1 Affinity in the direct line in any degree invalidates a marriage. Code of Canon Law Can 75 1093 1 The impediment of public propriety arises from an invalid marriage after the establishment of common life or from notorious or public concubinage. It nullifies marriage in the first degree of the direct line between the man and the blood relatives of the woman, and vice versa. Code of Canon Law Can 75 1094 1 Those who are related in the direct line or in the second degree of the collateral line by a legal relationship arising from adoption cannot contract marriage together validly. -Code of Canon Law Can 75 1095 1 The following are incapable of contracting marriage: 1/ those who lack the sufficient use of reason; 2/ those who suVer from a grave defect of discretion of judgment concerning the essential matrimonial rights and duties mutually to be handed over and accepted; 3/ those who are not able to assume the essential obligations of marriage for causes of a psychic nature. +Code of Canon Law Can 75 1095 1 The following are incapable of contracting marriage: 1) those who lack the sufficient use of reason; 2) those who suffer from a grave defect of discretion of judgment concerning the essential matrimonial rights and duties mutually to be handed over and accepted; 3) those who are not able to assume the essential obligations of marriage for causes of a psychic nature. Code of Canon Law Can 75 1096 1 For matrimonial consent to exist, the contracting parties must be at least not ignorant that marriage is a permanent partnership between a man and a woman ordered to the procreation of offspring by means of some sexual cooperation. Code of Canon Law Can 75 1096 2 This ignorance is not presumed after puberty. Code of Canon Law Can 75 1097 1 Error concerning the person renders a marriage invalid. @@ -40513,7 +40513,7 @@ Code of Canon Law Can 75 1102 3 The condition mentioned in sec. 2, however, cann Code of Canon Law Can 75 1103 1 A marriage is invalid if entered into because of force or grave fear from without, even if unintentionally inflicted, so that a person is compelled to choose marriage in order to be free from it. Code of Canon Law Can 75 1104 1 To contract a marriage validly the contracting parties must be present together, either in person or by proxy. Code of Canon Law Can 75 1104 2 Those being married are to express matrimonial consent in words or, if they cannot speak, through equivalent signs. -Code of Canon Law Can 75 1105 1 To enter into a marriage validly by proxy it is required that: 1/ there is a special mandate to contract with a specific person; 2/ the proxy is designated by the one mandating and fulfills this function personally. +Code of Canon Law Can 75 1105 1 To enter into a marriage validly by proxy it is required that: 1) there is a special mandate to contract with a specific person; 2) the proxy is designated by the one mandating and fulfills this function personally. Code of Canon Law Can 75 1105 2 To be valid the mandate must be signed by the one mandating and by the pastor or ordinary of the place where the mandate is given, or by a priest delegated by either of them, or at least by two witnesses, or it must be made by means of a document which is authentic according to the norm of civil law. Code of Canon Law Can 75 1105 3 If the one mandating cannot write, this is to be noted in the mandate itself and another witness is to be added who also signs the document; otherwise, the mandate is invalid. Code of Canon Law Can 75 1105 4 If the one mandating revokes the mandate or develops amentia before the proxy contracts in his or her name, the marriage is invalid even if the proxy or the other contracting party does not know this. @@ -40530,7 +40530,7 @@ Code of Canon Law Can 75 1112 2 A suitable lay person is to be selected, who is Code of Canon Law Can 75 1113 1 Before special delegation is granted, all those things which the law has established to prove free status are to be fulfilled. Code of Canon Law Can 75 1114 1 The person assisting at marriage acts illicitly unless the person has made certain of the free status of the contracting parties according to the norm of law and, if possible, of the permission of the pastor whenever the person assists in virtue of general delegation. Code of Canon Law Can 75 1115 1 Marriages are to be celebrated in a parish where either of the contracting parties has a domicile, quasidomicile, or month long residence or, if it concerns transients, in the parish where they actually reside. With the permission of the proper ordinary or proper pastor, marriages can be celebrated elsewhere. -Code of Canon Law Can 75 1116 1 If a person competent to assist according to the norm of law cannot be present or approached without grave inconvenience, those who intend to enter into a true marriage can contract it validly and licitly before witnesses only: 1/ in danger of death; 2/ outside the danger of death provided that it is prudently foreseen that the situation will continue for a month. +Code of Canon Law Can 75 1116 1 If a person competent to assist according to the norm of law cannot be present or approached without grave inconvenience, those who intend to enter into a true marriage can contract it validly and licitly before witnesses only: 1) in danger of death; 2) outside the danger of death provided that it is prudently foreseen that the situation will continue for a month. Code of Canon Law Can 75 1116 2 In either case, if some other priest or deacon who can be present is available, he must be called and be present at the celebration of the marriage together with the witnesses, without prejudice to the validity of the marriage before witnesses only. Code of Canon Law Can 75 1117 1 The form prescribed above must be observed if at least one of the parties contracting the marriage was baptized in the Catholic Church or received into it, without prejudice to the provisions of can. 1127 sec. 2. Code of Canon Law Can 75 1118 1 A marriage between Catholics or between a Catholic party and a non-Catholic baptized party is to be celebrated in a parish church. It can be celebrated in another church or oratory with the permission of the local ordinary or pastor. @@ -40545,15 +40545,15 @@ Code of Canon Law Can 75 1122 1 The contracted marriage is to be noted also in t Code of Canon Law Can 75 1122 2 If a spouse did not contract marriage in the parish in which the person was baptized, the pastor of the place of the celebration is to send notice of the marriage which has been entered into as soon as possible to the pastor of the place of the conferral of baptism. Code of Canon Law Can 75 1123 1 Whenever a marriage is either convalidated in the external forum, declared null, or legitimately dissolved other than by death, the pastor of the place of the celebration of the marriage must be informed so that a notation is properly made in the marriage and baptismal registers. Code of Canon Law Can 75 1124 1 Marriage between two baptized persons, one of whom was baptized in the Catholic Church or received into it after baptism, and the other a member of a Church or ecclesial community not in full communion with the Catholic Church, cannot be celebrated without the express permission of the competent authority. -Code of Canon Law Can 75 1125 1 The local ordinary can grant a permission of this kind if there is a just and reasonable cause. He is not to grant it unless the following conditions have been fulfilled: 1/ the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith and is to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church; 2/ the other party is to be informed at an appropriate time about the promises which the Catholic party is to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the Catholic party; 3/ both parties are to be instructed about the purposes and essential properties of marriage which neither of the contracting parties is to exclude. +Code of Canon Law Can 75 1125 1 The local ordinary can grant a permission of this kind if there is a just and reasonable cause. He is not to grant it unless the following conditions have been fulfilled: 1) the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith and is to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church; 2) the other party is to be informed at an appropriate time about the promises which the Catholic party is to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the Catholic party; 3) both parties are to be instructed about the purposes and essential properties of marriage which neither of the contracting parties is to exclude. Code of Canon Law Can 75 1126 1 It is for the conference of bishops to establish the method in which these declarations and promises, which are always required, must be made and to define the manner in which they are to be established in the external forum and the non-Catholic party informed about them. Code of Canon Law Can 75 1127 1 The prescripts of can. 1108 are to be observed for the form to be used in a mixed marriage. Nevertheless, if a Catholic party contracts marriage with a non-Catholic party of an Eastern rite, the canonical form of the celebration must be observed for liceity only; for validity, however, the presence of a sacred minister is required and the other requirements of law are to be observed. -Code of Canon Law Can 75 1127 2 If grave diYculties hinder the observance of canonical form, the local ordinary of the Catholic party has the right of dispensing from the form in individual cases, after having consulted the ordinary of the place in which the marriage is celebrated and with some public form of celebration for validity. It is for the conference of bishops to establish norms by which the aforementioned dispensation is to be granted in a uniform manner. +Code of Canon Law Can 75 1127 2 If grave difficulties hinder the observance of canonical form, the local ordinary of the Catholic party has the right of dispensing from the form in individual cases, after having consulted the ordinary of the place in which the marriage is celebrated and with some public form of celebration for validity. It is for the conference of bishops to establish norms by which the aforementioned dispensation is to be granted in a uniform manner. Code of Canon Law Can 75 1127 3 It is forbidden to have another religious celebration of the same marriage to give or renew matrimonial consent before or after the canonical celebration according to the norm of sec. 1. Likewise, there is not to be a religious celebration in which the Catholic who is assisting and a non-Catholic minister together, using their own rites, ask for the consent of the parties. Code of Canon Law Can 75 1128 1 Local ordinaries and other pastors of souls are to take care that the Catholic spouse and the children born of a mixed marriage do not lack the spiritual help to fulfill their obligations and are to help spouses foster the unity of conjugal and family life. Code of Canon Law Can 75 1129 1 The prescripts of cann. 1127 and 1128 must be applied also to marriages which the impediment of disparity of cult mentioned in can. 1086, sec. 1 impedes. Code of Canon Law Can 75 1130 1 For a grave and urgent cause, the local ordinary can permit a marriage to be celebrated secretly. -Code of Canon Law Can 75 1131 1 Permission to celebrate a marriage secretly entails the following: 1/ the investigations which must be conducted before the marriage are done secretly; 2/ the local ordinary, the one assisting, the witnesses, and the spouses observe secrecy about the marriage celebrated. +Code of Canon Law Can 75 1131 1 Permission to celebrate a marriage secretly entails the following: 1) the investigations which must be conducted before the marriage are done secretly; 2) the local ordinary, the one assisting, the witnesses, and the spouses observe secrecy about the marriage celebrated. Code of Canon Law Can 75 1132 1 The obligation of observing the secrecy mentioned in can. 1131, n. 2 ceases on the part of the local ordinary if grave scandal or grave harm to the holiness of marriage is imminent due to the observance of the secret; this is to be made known to the parties before the celebration of the marriage. Code of Canon Law Can 75 1133 1 A marriage celebrated secretly is to be noted only in a special register to be kept in the secret archive of the curia. Code of Canon Law Can 75 1134 1 From a valid marriage there arises between the spouses a bond which by its nature is perpetual and exclusive. Moreover, a special sacrament strengthens and, as it were, consecrates the spouses in a Christian marriage for the duties and dignity of their state. @@ -40567,13 +40567,13 @@ Code of Canon Law Can 75 1140 1 As regards canonical effects, legitimated childr Code of Canon Law Can 75 1141 1 A marriage that is ratum et consummatum can be dissolved by no human power and by no cause, except death. Code of Canon Law Can 75 1142 1 For a just cause, the Roman Pontiff can dissolve a non-consummated marriage between baptized persons or between a baptized party and a non-baptized party at the request of both parties or of one of them, even if the other party is unwilling. Code of Canon Law Can 75 1143 1 A marriage entered into by two non-baptized persons is dissolved by means of the pauline privilege in favor of the faith of the party who has received baptism by the very fact that a new marriage is contracted by the same party, provided that the non-baptized party departs. -Code of Canon Law Can 75 1143 2 The non-baptized party is considered to depart if he or she does not wish to cohabit with the baptized party or to cohabit peacefully without aVront to the Creator unless the baptized party, after baptism was received, has given the other a just cause for departing. -Code of Canon Law Can 75 1144 1 For the baptized party to contract a new marriage validly, the non-baptized party must always be interrogated whether: 1/ he or she also wishes to receive baptism; 2/ he or she at least wishes to cohabit peacefully with the baptized party without aVront to the Creator. +Code of Canon Law Can 75 1143 2 The non-baptized party is considered to depart if he or she does not wish to cohabit with the baptized party or to cohabit peacefully without affront to the Creator unless the baptized party, after baptism was received, has given the other a just cause for departing. +Code of Canon Law Can 75 1144 1 For the baptized party to contract a new marriage validly, the non-baptized party must always be interrogated whether: 1) he or she also wishes to receive baptism; 2) he or she at least wishes to cohabit peacefully with the baptized party without affront to the Creator. Code of Canon Law Can 75 1144 2 This interrogation must be done after baptism. For a grave cause, however, the local ordinary can permit the interrogation to be done before baptism or can even dispense from the interrogation either before or after baptism provided that it is evident at least by a summary and extrajudicial process that it cannot be done or would be useless. Code of Canon Law Can 75 1145 1 The interrogation is regularly to be done on the authority of the local ordinary of the converted party. This ordinary must grant the other spouse a period of time to respond if the spouse seeks it, after having been advised, however, that his or her silence will be considered a negative response if the period passes without effect. Code of Canon Law Can 75 1145 2 Even an interrogation made privately by the converted party is valid and indeed licit if the form prescribed above cannot be observed. Code of Canon Law Can 75 1145 3 In either case, the fact that the interrogation was done and its outcome must be established legitimately in the external forum. -Code of Canon Law Can 75 1146 1 The baptized party has the right to contract a new marriage with a Catholic party: 1/ if the other party responded negatively to the interrogation or if the interrogation had been omitted legitimately; 2/ if the non-baptized party, already interrogated or not, at first persevered in peaceful cohabitation without aVront to the Creator but then departed without a just cause, without prejudice to the prescripts of cann. 1144 and 1145. +Code of Canon Law Can 75 1146 1 The baptized party has the right to contract a new marriage with a Catholic party: 1) if the other party responded negatively to the interrogation or if the interrogation had been omitted legitimately; 2) if the non-baptized party, already interrogated or not, at first persevered in peaceful cohabitation without affront to the Creator but then departed without a just cause, without prejudice to the prescripts of cann. 1144 and 1145. Code of Canon Law Can 75 1147 1 For a grave cause, however, the local ordinary can allow a baptized party who uses the pauline privilege to contract marriage with a non-Catholic party, whether baptized or not baptized; the prescripts of the canons about mixed marriages are also to be observed. Code of Canon Law Can 75 1148 1 When he receives baptism in the Catholic Church, a non-baptized man who has several non-baptized wives at the same time can retain one of them after the others have been dismissed, if it is hard for him to remain with the first one. The same is valid for a non-baptized woman who has several non-baptized husbands at the same time. Code of Canon Law Can 75 1148 2 In the cases mentioned in sec. 1, marriage must be contracted in legitimate form after baptism has been received, and the prescripts about mixed marriages, if necessary, and other matters required by the law are to be observed. @@ -40584,7 +40584,7 @@ Code of Canon Law Can 75 1151 1 Spouses have the duty and right to preserve conj Code of Canon Law Can 75 1152 1 Although it is earnestly recommended that a spouse, moved by Christian charity and concerned for the good of the family, not refuse forgiveness to an adulterous partner and not disrupt conjugal life, nevertheless, if the spouse did not condone the fault of the other expressly or tacitly, the spouse has the right to sever conjugal living unless the spouse consented to the adultery, gave cause for it, or also committed adultery. Code of Canon Law Can 75 1152 2 Tacit condonation exists if the innocent spouse has had marital relations voluntarily with the other spouse after having become certain of the adultery. It is presumed, moreover, if the spouse observed conjugal living for six months and did not make recourse to the ecclesiastical or civil authority. Code of Canon Law Can 75 1152 3 If the innocent spouse has severed conjugal living voluntarily, the spouse is to introduce a cause for separation within six months to the competent ecclesiastical authority which, after having investigated all the circumstances, is to consider carefully whether the innocent spouse can be moved to forgive the fault and not to prolong the separation permanently. -Code of Canon Law Can 75 1153 1 If either of the spouses causes grave mental or physical danger to the other spouse or to the offspring or otherwise renders common life too diYcult, that spouse gives the other a legitimate cause for leaving, either by decree of the local ordinary or even on his or her own authority if there is danger in delay. +Code of Canon Law Can 75 1153 1 If either of the spouses causes grave mental or physical danger to the other spouse or to the offspring or otherwise renders common life too difficult, that spouse gives the other a legitimate cause for leaving, either by decree of the local ordinary or even on his or her own authority if there is danger in delay. Code of Canon Law Can 75 1153 2 In all cases, when the cause for the separation ceases, conjugal living must be restored unless ecclesiastical authority has established otherwise. Code of Canon Law Can 75 1154 1 After the separation of the spouses has taken place, the adequate support and education of the children must always be suitably provided. Code of Canon Law Can 75 1155 1 The innocent spouse laudably can readmit the other spouse to conjugal life; in this case the innocent spouse renounces the right to separate. @@ -40636,7 +40636,7 @@ Code of Canon Law Can 75 1182 1 When the burial has been completed, a record is Code of Canon Law Can 75 1183 1 When it concerns funerals, catechumens must be counted among the Christian faithful. Code of Canon Law Can 75 1183 2 The local ordinary can permit children whom the parents intended to baptize but who died before baptism to be given ecclesiastical funerals. Code of Canon Law Can 75 1183 3 In the prudent judgment of the local ordinary, ecclesiastical funerals can be granted to baptized persons who are enrolled in a non-Catholic Church or ecclesial community unless their intention is evidently to the contrary and provided that their own minister is not available. -Code of Canon Law Can 75 1184 1 Unless they gave some signs of repentance before death, the following must be deprived of ecclesiastical funerals: 1/ notorious apostates, heretics, and schismatics; 2/ those who chose the cremation of their bodies for reasons contrary to Christian faith; 3/ other manifest sinners who cannot be granted ecclesiastical funerals without public scandal of the faithful. +Code of Canon Law Can 75 1184 1 Unless they gave some signs of repentance before death, the following must be deprived of ecclesiastical funerals: 1) notorious apostates, heretics, and schismatics; 2) those who chose the cremation of their bodies for reasons contrary to Christian faith; 3) other manifest sinners who cannot be granted ecclesiastical funerals without public scandal of the faithful. Code of Canon Law Can 75 1184 2 If any doubt occurs, the local ordinary is to be consulted, and his judgment must be followed. Code of Canon Law Can 75 1185 1 Any funeral Mass must also be denied a person who is excluded from ecclesiastical funerals. Code of Canon Law Can 75 1186 1 To foster the sanctification of the people of God, the Church commends to the special and filial reverence of the Christian faithful the Blessed Mary ever Virgin, Mother of God, whom Christ established as the mother of all people, and promotes the true and authentic veneration of the other saints whose example instructs the Christian faithful and whose intercession sustains them. @@ -40655,16 +40655,16 @@ Code of Canon Law Can 75 1192 3 A vow is personal if the person making the vow p Code of Canon Law Can 75 1193 1 By its nature a vow obliges only the person who makes it. Code of Canon Law Can 75 1194 1 A vow ceases by the lapse of the time designated to fulfill the obligation, by a substantial change of the matter promised, by the absence of a condition on which the vow depends, by the absence of the purpose of the vow, by dispensation, or by commutation. Code of Canon Law Can 75 1195 1 The person who has power over the matter of the vow can suspend the obligation of the vow for as long a time as the fulfillment of the vow brings disadvantage to that person. -Code of Canon Law Can 75 1196 1 In addition to the Roman Pontiff, the following can dispense from private vows for a just cause provided that a dispensation does not injure a right acquired by others: 1/ the local ordinary and the pastor with regard to all their subjects and even travelers; 2/ the superior of a religious institute or society of apostolic life if it is clerical and of pontifical right with regard to members, novices, and persons who live day and night in a house of the institute or society; 3/ those to whom the Apostolic See or the local ordinary has delegated the power of dispensing. +Code of Canon Law Can 75 1196 1 In addition to the Roman Pontiff, the following can dispense from private vows for a just cause provided that a dispensation does not injure a right acquired by others: 1) the local ordinary and the pastor with regard to all their subjects and even travelers; 2) the superior of a religious institute or society of apostolic life if it is clerical and of pontifical right with regard to members, novices, and persons who live day and night in a house of the institute or society; 3) those to whom the Apostolic See or the local ordinary has delegated the power of dispensing. Code of Canon Law Can 75 1197 1 The person who makes a private vow can commute the work promised by the vow into a better or equal good; however, one who has the power of dispensing according to the norm of can. 1196 can commute it into a lesser good. Code of Canon Law Can 75 1198 1 Vows made before religious profession are suspended while the person who made the vow remains in the religious institute. Code of Canon Law Can 75 1199 1 An oath, that is, the invocation of the divine name in witness to the truth, cannot be taken unless in truth, in judgment, and in justice. Code of Canon Law Can 75 1199 2 An oath which the canons require or permit cannot be taken validly through a proxy. -Code of Canon Law Can 75 1200 1 A person who freely swears to do something is bound by a special obligation of religion to fulfill what he or she aYrmed by oath. +Code of Canon Law Can 75 1200 1 A person who freely swears to do something is bound by a special obligation of religion to fulfill what he or she affirmed by oath. Code of Canon Law Can 75 1200 2 An oath extorted by malice, force, or grave fear is null by the law itself. Code of Canon Law Can 75 1201 1 A promissory oath follows the nature and conditions of the act to which it is attached. Code of Canon Law Can 75 1201 2 If an oath is added to an act which directly tends toward the harm of others or toward the disadvantage of the public good or of eternal salvation, then the act is not reinforced by the oath. -Code of Canon Law Can 75 1202 1 The obligation arising from a promissory oath ceases: 1/ if it is remitted by the person for whose benefit the oath was made; 2/ if the matter sworn to is substantially changed or if, after the circumstances have changed, it becomes either evil or entirely indif-ferent or, finally, impedes a greater good; 3/ if the purpose or a condition under which the oath may have been taken ceases; 4/ by dispensation or commutation, according to the norm of can. 1203. +Code of Canon Law Can 75 1202 1 The obligation arising from a promissory oath ceases: 1) if it is remitted by the person for whose benefit the oath was made; 2) if the matter sworn to is substantially changed or if, after the circumstances have changed, it becomes either evil or entirely indif-ferent or, finally, impedes a greater good; 3) if the purpose or a condition under which the oath may have been taken ceases; 4) by dispensation or commutation, according to the norm of can. 1203. Code of Canon Law Can 75 1203 1 Those who can suspend, dispense, or commute a vow have the same power in the same manner over a promissory oath; but if the dispensation from the oath tends to the disadvantage of others who refuse to remit the obligation of the oath, only the Apostolic See can dispense the oath. Code of Canon Law Can 75 1204 1 An oath must be interpreted strictly according to the law and according to the intention of the person taking the oath or, if that person acts out of malice, according to the intention of the person to whom the oath is made. Code of Canon Law Can 75 1205 1 Sacred places are those which are designated for divine worship or for the burial of the faithful by a dedication or a blessing which the liturgical books prescribe for this purpose. @@ -40689,7 +40689,7 @@ Code of Canon Law Can 75 1220 1 All those responsible are to take care that in c Code of Canon Law Can 75 1220 2 Ordinary care for preservation and fitting means of security are to be used to protect sacred and precious goods. Code of Canon Law Can 75 1221 1 Entry to a church is to be free and gratuitous during the time of sacred celebrations. Code of Canon Law Can 75 1222 1 If a church cannot be used in any way for divine worship and there is no possibility of repairing it, the diocesan bishop can relegate it to profane but not sordid use. -Code of Canon Law Can 75 1222 2 Where other grave causes suggest that a church no longer be used for divine worship, the diocesan bishop, after having heard the presbyteral council, can relegate it to profane but not sordid use, with the consent of those who legitimately claim rights for themselves in the church and provided that the good of souls suVers no detriment thereby. +Code of Canon Law Can 75 1222 2 Where other grave causes suggest that a church no longer be used for divine worship, the diocesan bishop, after having heard the presbyteral council, can relegate it to profane but not sordid use, with the consent of those who legitimately claim rights for themselves in the church and provided that the good of souls suffers no detriment thereby. Code of Canon Law Can 75 1223 1 By the term oratory is understood a place for divine worship designated by permission of the ordinary for the benefit of some community or group of the faithful who gather in it and to which other members of the faithful can also come with the consent of the competent superior. Code of Canon Law Can 75 1224 1 The ordinary is not to grant the permission required to establish an oratory unless he has first visited the place destined for the oratory personally or through another and has found it properly prepared. Code of Canon Law Can 75 1224 2 After permission has been given, however, an oratory cannot be converted to profane use without the authority of the same ordinary. @@ -40726,7 +40726,7 @@ Code of Canon Law Can 75 1244 2 Diocesan bishops can decree special feast days o Code of Canon Law Can 75 1245 1 Without prejudice to the right of diocesan bishops mentioned in can. 87, for a just cause and according to the prescripts of the diocesan bishop, a pastor can grant in individual cases a dispensation from the obligation of observing a feast day or a day of penance or can grant a commutation of the obligation into other pious works. A superior of a religious institute or society of apostolic life, if they are clerical and of pontifical right, can also do this in regard to his own subjects and others living in the house day and night. Code of Canon Law Can 75 1246 1 Sunday, on which by apostolic tradition the paschal mystery is celebrated, must be observed in the universal Church as the primordial holy day of obligation. The following days must also be observed: the Nativity of our Lord Jesus Christ, the Epiphany, the Ascension, the Body and Blood of Christ, Holy Mary the Mother of God, her Immaculate Conception, her Assumption, Saint Joseph, Saint Peter and Saint Paul the Apostles, and All Saints. Code of Canon Law Can 75 1246 2 With the prior approval of the Apostolic See, however, the conference of bishops can suppress some of the holy days of obligation or transfer them to a Sunday. -Code of Canon Law Can 75 1247 1 On Sundays and other holy days of obligation, the faithful are obliged to participate in the Mass. Moreover, they are to abstain from those works and aVairs which hinder the worship to be rendered to God, the joy proper to the Lord's day, or the suitable relaxation of mind and body. +Code of Canon Law Can 75 1247 1 On Sundays and other holy days of obligation, the faithful are obliged to participate in the Mass. Moreover, they are to abstain from those works and affairs which hinder the worship to be rendered to God, the joy proper to the Lord's day, or the suitable relaxation of mind and body. Code of Canon Law Can 75 1248 1 A person who assists at a Mass celebrated anywhere in a Catholic rite either on the feast day itself or in the evening of the preceding day satisfies the obligation of participating in the Mass. Code of Canon Law Can 75 1248 2 If participation in the eucharistic celebration becomes impossible because of the absence of a sacred minister or for another grave cause, it is strongly recommended that the faithful take part in a liturgy of the word if such a liturgy is celebrated in a parish church or other sacred place according to the prescripts of the diocesan bishop or that they devote themselves to prayer for a suitable time alone, as a family, or, as the occasion permits, in groups of families. Code of Canon Law Can 75 1249 1 The divine law binds all the Christian faithful to do penance each in his or her own way. In order for all to be united among themselves by some common observance of penance, however, penitential days are prescribed on which the Christian faithful devote themselves in a special way to prayer, perform works of piety and charity, and deny themselves by fulfilling their own obligations more faithfully and especially by observing fast and abstinence, according to the norm of the following canons. @@ -40747,7 +40747,7 @@ Code of Canon Law Can 75 1261 1 The Christian faithful are free to give temporal Code of Canon Law Can 75 1261 2 The diocesan bishop is bound to admonish the faithful of the obligation mentioned in can. 222, sec. 1 and in an appropriate manner to urge its observance. Code of Canon Law Can 75 1262 1 The faithful are to give support to the Church by responding to appeals and according to the norms issued by the conference of bishops. Code of Canon Law Can 75 1263 1 After the diocesan bishop has heard the finance council and the presbyteral council, he has the right to impose a moderate tax for the needs of the diocese upon public juridic persons subject to his governance; this tax is to be proportionate to their income. He is permitted only to impose an extraordinary and moderate exaction upon other physical and juridic persons in case of grave necessity and under the same conditions, without prejudice to particular laws and customs which attribute greater rights to him. -Code of Canon Law Can 75 1264 1 Unless the law has provided otherwise, it is for a meeting of the bishops of a province: 1/ to fix the fees for acts of executive power granting a favor or for the execution of rescripts of the Apostolic See, to be approved by the Apostolic See itself; 2/ to set a limit on the offerings on the occasion of the administration of sacraments and sacramentals. +Code of Canon Law Can 75 1264 1 Unless the law has provided otherwise, it is for a meeting of the bishops of a province: 1) to fix the fees for acts of executive power granting a favor or for the execution of rescripts of the Apostolic See, to be approved by the Apostolic See itself; 2) to set a limit on the offerings on the occasion of the administration of sacraments and sacramentals. Code of Canon Law Can 75 1265 1 Without prejudice to the right of religious mendicants, any private person, whether physical or juridic, is forbidden to beg for alms for any pious or ecclesiastical institute or purpose without the written permission of that person's own ordinary and of the local ordinary. Code of Canon Law Can 75 1265 2 The conference of bishops can establish norms for begging for alms which all must observe, including those who by their foundation are called and are mendicants. Code of Canon Law Can 75 1266 1 In all churches and oratories which are, in fact, habitually open to the Christian faithful, including those which belong to religious institutes, the local ordinary can order the taking up of a special collection for specific parochial, diocesan, national, or universal projects; this collection must be diligently sent afterwards to the diocesan curia. @@ -40777,23 +40777,23 @@ Code of Canon Law Can 75 1281 1 Without prejudice to the prescripts of the statu Code of Canon Law Can 75 1281 2 The statutes are to define the acts which exceed the limit and manner of ordinary administration; if the statutes are silent in this regard, however, the diocesan bishop is competent to determine such acts for the persons subject to him, after having heard the finance council. Code of Canon Law Can 75 1281 3 Unless and to the extent that it is to its own advantage, a juridic person is not bound to answer for acts invalidly placed by its administrators. A juridic person itself, however, will answer for acts illegitimately but validly placed by its administrators, without prejudice to its right of action or recourse against the administrators who have damaged it. Code of Canon Law Can 75 1282 1 All clerics or lay persons who take part in the administration of ecclesiastical goods by a legitimate title are bound to fulfill their functions in the name of the Church according to the norm of law. -Code of Canon Law Can 75 1283 1 Before administrators begin their function: 1/ they must take an oath before the ordinary or his delegate that they will administer well and faithfully; 2/ they are to prepare and sign an accurate and clear inventory of immovable property, movable objects, whether precious or of some cultural value, or other goods, with their description and appraisal; any inventory already done is to be reviewed; 3/ one copy of this inventory is to be preserved in the archive of the administration and another in the archive of the curia; any change which the patrimony happens to undergo is to be noted in each copy. +Code of Canon Law Can 75 1283 1 Before administrators begin their function: 1) they must take an oath before the ordinary or his delegate that they will administer well and faithfully; 2) they are to prepare and sign an accurate and clear inventory of immovable property, movable objects, whether precious or of some cultural value, or other goods, with their description and appraisal; any inventory already done is to be reviewed; 3) one copy of this inventory is to be preserved in the archive of the administration and another in the archive of the curia; any change which the patrimony happens to undergo is to be noted in each copy. Code of Canon Law Can 75 1284 1 All administrators are bound to fulfill their function with the diligence of a good householder. -Code of Canon Law Can 75 1284 2 Consequently they must: 1/ exercise vigilance so that the goods entrusted to their care are in no way lost or damaged, taking out insurance policies for this purpose insofar as necessary; 2/ take care that the ownership of ecclesiastical goods is protected by civilly valid methods; 3/ observe the prescripts of both canon and civil law or those imposed by a founder, a donor, or legitimate authority, and especially be on guard so that no damage comes to the Church from the non-observance of civil laws; 4/ collect the return of goods and the income accurately and on time, protect what is collected, and use them according to the intention of the founder or legitimate norms; 5/ pay at the stated time the interest due on a loan or mortgage and take care that the capital debt itself is repaid in a timely manner; 6/ with the consent of the ordinary, invest the money which is left over after expenses and can be usefully set aside for the purposes of the juridic person; 7/ keep well organized books of receipts and expenditures; 8/ draw up a report of the administration at the end of each year; 9/ organize correctly and protect in a suitable and proper archive the documents and records on which the property rights of the Church or the institute are based, and deposit authentic copies of them in the archive of the curia when it can be done conveniently. +Code of Canon Law Can 75 1284 2 Consequently they must: 1) exercise vigilance so that the goods entrusted to their care are in no way lost or damaged, taking out insurance policies for this purpose insofar as necessary; 2) take care that the ownership of ecclesiastical goods is protected by civilly valid methods; 3) observe the prescripts of both canon and civil law or those imposed by a founder, a donor, or legitimate authority, and especially be on guard so that no damage comes to the Church from the non-observance of civil laws; 4) collect the return of goods and the income accurately and on time, protect what is collected, and use them according to the intention of the founder or legitimate norms; 5) pay at the stated time the interest due on a loan or mortgage and take care that the capital debt itself is repaid in a timely manner; 6) with the consent of the ordinary, invest the money which is left over after expenses and can be usefully set aside for the purposes of the juridic person; 7) keep well organized books of receipts and expenditures; 8) draw up a report of the administration at the end of each year; 9) organize correctly and protect in a suitable and proper archive the documents and records on which the property rights of the Church or the institute are based, and deposit authentic copies of them in the archive of the curia when it can be done conveniently. Code of Canon Law Can 75 1284 3 It is strongly recommended that administrators prepare budgets of incomes and expenditures each year; it is left to particular law, however, to require them and to determine more precisely the ways in which they are to be presented. Code of Canon Law Can 75 1285 1 Within the limits of ordinary administration only, administrators are permitted to make donations for purposes of piety or Christian charity from movable goods which do not belong to the stable patrimony. -Code of Canon Law Can 75 1286 1 Administrators of goods: 1/ in the employment of workers are to observe meticulously also the civil laws concerning labor and social policy, according to the principles handed on by the Church; 2/ are to pay a just and decent wage to employees so that they are able to provide fittingly for their own needs and those of their dependents. +Code of Canon Law Can 75 1286 1 Administrators of goods: 1) in the employment of workers are to observe meticulously also the civil laws concerning labor and social policy, according to the principles handed on by the Church; 2) are to pay a just and decent wage to employees so that they are able to provide fittingly for their own needs and those of their dependents. Code of Canon Law Can 75 1287 1 Both clerical and lay administrators of any ecclesiastical goods whatever which have not been legitimately exempted from the power of governance of the diocesan bishop are bound by their office to present an annual report to the local ordinary who is to present it for examination by the finance council; any contrary custom is reprobated. -Code of Canon Law Can 75 1287 2 According to norms to be determined by particular law, administrators are to render an account to the faithful concerning the goods oVered by the faithful to the Church. +Code of Canon Law Can 75 1287 2 According to norms to be determined by particular law, administrators are to render an account to the faithful concerning the goods offered by the faithful to the Church. Code of Canon Law Can 75 1288 1 Administrators are neither to initiate nor to contest litigation in a civil forum in the name of a public juridic person unless they have obtained the written permission of their own ordinary. Code of Canon Law Can 75 1289 1 Even if not bound to administration by the title of an ecclesiastical office, administrators cannot relinquish their function on their own initiative; if the Church is harmed from an arbitrary withdrawal, moreover, they are bound to restitution. -Code of Canon Law Can 75 1290 1 The general and particular provisions which the civil law in a territory has established for contracts and their disposition are to be observed with the same eVects in canon law insofar as the matters are subject to the power of governance of the Church unless the provisions are contrary to divine law or canon law provides otherwise, and without prejudice to the prescript of can. 1547. +Code of Canon Law Can 75 1290 1 The general and particular provisions which the civil law in a territory has established for contracts and their disposition are to be observed with the same effects in canon law insofar as the matters are subject to the power of governance of the Church unless the provisions are contrary to divine law or canon law provides otherwise, and without prejudice to the prescript of can. 1547. Code of Canon Law Can 75 1291 1 The permission of the authority competent according to the norm of law is required for the valid alienation of goods which constitute by legitimate designation the stable patrimony of a public juridic person and whose value exceeds the sum defined by law. Code of Canon Law Can 75 1292 1 Without prejudice to the prescript of can. 638, sec. 3, when the value of the goods whose alienation is proposed falls within the minimum and maximum amounts to be defined by the conference of bishops for its own region, the competent authority is determined by the statutes of juridic persons if they are not subject to the diocesan bishop; otherwise, the competent authority is the diocesan bishop with the consent of the finance council, the college of consultors, and those concerned. The diocesan bishop himself also needs their consent to alienate the goods of the diocese. Code of Canon Law Can 75 1292 2 The permission of the Holy See is also required for the valid alienation of goods whose value exceeds the maximum amount, goods given to the Church by vow, or goods precious for artistic or historical reasons. Code of Canon Law Can 75 1292 3 If the asset to be alienated is divisible, the parts already alienated must be mentioned when seeking permission for the alienation; otherwise the permission is invalid. Code of Canon Law Can 75 1292 4 Those who by advice or consent must take part in alienating goods are not to offer advice or consent unless they have first been thoroughly informed both of the economic state of the juridic person whose goods are proposed for alienation and of previous alienations. -Code of Canon Law Can 75 1293 1 The alienation of goods whose value exceeds the defined minimum amount also requires the following: 1/ a just cause, such as urgent necessity, evident advantage, piety, charity, or some other grave pastoral reason; 2/ a written appraisal by experts of the asset to be alienated. +Code of Canon Law Can 75 1293 1 The alienation of goods whose value exceeds the defined minimum amount also requires the following: 1) a just cause, such as urgent necessity, evident advantage, piety, charity, or some other grave pastoral reason; 2) a written appraisal by experts of the asset to be alienated. Code of Canon Law Can 75 1293 2 Other precautions prescribed by legitimate authority are also to be observed to avoid harm to the Church. Code of Canon Law Can 75 1294 1 An asset ordinarily must not be alienated for a price less than that indicated in the appraisal. Code of Canon Law Can 75 1294 2 The money received from the alienation is either to be invested carefully for the advantage of the Church or to be expended prudently according to the purposes of the alienation. @@ -40810,7 +40810,7 @@ Code of Canon Law Can 75 1301 3 Stipulations contrary to this right of an ordina Code of Canon Law Can 75 1302 1 A person who has accepted goods in trust for pious causes either through an act inter vivos or by a last will and testament must inform the ordinary of the trust and indicate to him all its movable and immovable goods with the obligations attached to them. If the donor has expressly and entirely prohibited this, however, the person is not to accept the trust. Code of Canon Law Can 75 1302 2 The ordinary must demand that goods held in trust are safeguarded and also exercise vigilance for the execution of the pious will according to the norm of can. 1301. Code of Canon Law Can 75 1302 3 When goods held in trust have been entrusted to a member of a religious institute or society of apostolic life and if the goods have also been designated for some place or diocese or for the assistance of their inhabitants or pious causes, the ordinary mentioned in secs. 1 and 2 is the local ordinary; otherwise, it is the major superior in a clerical institute of pontifical right and in clerical societies of apostolic life of pontifical right or the proper ordinary of the member in other religious institutes. -Code of Canon Law Can 75 1303 1 In law, the term pious foundations includes: 1/ autonomous pious foundations, that is, aggregates of things (universitates rerum) destined for the purposes mentioned in can. 114, sec. 2 and erected as a juridic person by competent ecclesiastical authority; 2/ non-autonomous pious foundations, that _is, temporal goods given in some way to a public juridic person with the obligation for a long time, to be determined by particular law, of celebrating Masses and performing other specified ecclesiastical functions or of otherwise pursuing the purposes mentioned in can. 114, sec. 2, from the annual revenues. +Code of Canon Law Can 75 1303 1 In law, the term pious foundations includes: 1) autonomous pious foundations, that is, aggregates of things (universitates rerum) destined for the purposes mentioned in can. 114, sec. 2 and erected as a juridic person by competent ecclesiastical authority; 2) non-autonomous pious foundations, that _is, temporal goods given in some way to a public juridic person with the obligation for a long time, to be determined by particular law, of celebrating Masses and performing other specified ecclesiastical functions or of otherwise pursuing the purposes mentioned in can. 114, sec. 2, from the annual revenues. Code of Canon Law Can 75 1303 2 If the goods of a non-autonomous pious foundation have been entrusted to a juridic person subject to a diocesan bishop, they must be remanded to the institute mentioned in can. 1274, sec. 1 when the time is completed unless some other intention of the founder had been expressly manifested; otherwise, they accrue to the juridic person itself. Code of Canon Law Can 75 1304 1 For a juridic person to be able to accept a foundation validly, the written permission of the ordinary is required. He is not to grant this permission before he has legitimately determined that the juridic person can satisfy both the new obligation to be undertaken and those already undertaken; most especially he is to be on guard so that the revenues completely respond to the attached obligations, according to the practice of each place or region. Code of Canon Law Can 75 1304 2 Particular law is to define additional conditions for the establishment and acceptance of foundations. @@ -40829,7 +40829,7 @@ Code of Canon Law Can 75 1310 1 The ordinary, only for a just and necessary caus Code of Canon Law Can 75 1310 2 If through no fault of the administrators the fulfillment of the imposed obligations has become impossible because of diminished revenues or some other cause, the ordinary can equitably lessen these obligations, after having heard those concerned and his own finance council and with the intention of the founder preserved as much as possible; this does not hold for the reduction of Masses, which is governed by the prescripts of can. 1308. Code of Canon Law Can 75 1310 3 In other cases, recourse is to be made to the Apostolic See. Code of Canon Law Can 75 1311 1 The Church has the innate and proper right to coerce offending members of the Christian faithful with penal sanctions. -Code of Canon Law Can 75 1312 1 The following are penal sanctions in the Church: 1/ medicinal penalties, or censures, which are listed in cann. 1331-1333; 2/ expiatory penalties mentioned in can. 1336. +Code of Canon Law Can 75 1312 1 The following are penal sanctions in the Church: 1) medicinal penalties, or censures, which are listed in cann. 1331-1333; 2) expiatory penalties mentioned in can. 1336. Code of Canon Law Can 75 1312 2 The law can establish other expiatory penalties which deprive a member of the Christian faithful of some spiritual or temporal good and which are consistent with the supernatural purpose of the Church. Code of Canon Law Can 75 1312 3 Penal remedies and penances are also used; the former especially to prevent delicts, the latter to substitute for or to increase a penalty. Code of Canon Law Can 75 1313 1 If a law is changed after a delict has been committed, the law more favorable to the accused is to be applied. @@ -40848,12 +40848,12 @@ Code of Canon Law Can 75 1321 1 No one is punished unless the external violation Code of Canon Law Can 75 1321 2 A penalty established by a law or precept binds the person who has deliberately violated the law or precept; however, a person who violated a law or precept by omitting necessary diligence is not punished unless the law or precept provides otherwise. Code of Canon Law Can 75 1321 3 When an external violation has occurred, imputability is presumed unless it is otherwise apparent. Code of Canon Law Can 75 1322 1 Those who habitually lack the use of reason are considered to be incapable of a delict, even if they violated a law or precept while seemingly sane. -Code of Canon Law Can 75 1323 1 The following are not subject to a penalty when they have violated a law or precept: 1/ a person who has not yet completed the sixteenth year of age; 2/ a person who without negligence was ignorant that he or she violated a law or precept; inadvertence and error are equivalent to ignorance; 3/ a person who acted due to physical force or a chance occurrence which the person could not foresee or, if foreseen, avoid; 4/ a person who acted coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience unless the act is intrinsically evil or tends to the harm of souls; 5/ a person who acted with due moderation against an unjust aggressor for the sake of legitimate self defense or defense of another; 6/ a person who lacked the use of reason, without prejudice to the prescripts of cann. 1324, sec. 1, n. 2 and 1325; 7/ a person who without negligence thought that one of the circumstances mentioned in nn. 4 or 5 was present. -Code of Canon Law Can 75 1324 1 The perpetrator of a violation is not exempt from a penalty, but the penalty established by law or precept must be tempered or a penance employed in its place if the delict was committed: 1/ by a person who had only the imperfect use of reason; 2/ by a person who lacked the use of reason because of drunkenness or another similar culpable disturbance of mind; 3/ from grave heat of passion which did not precede and hinder all deliberation of mind and consent of will and provided that the passion itself had not been stimulated or fostered voluntarily; 4/ by a minor who has completed the age of sixteen years; 5/ by a person who was coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience if the delict is intrinsically evil or tends to the harm of souls; 6/ by a person who acted without due moderation against an unjust aggressor for the sake of legitimate self defense or defense of another; 7/ against someone who gravely and unjustly provokes the person; 8/ by a person who thought in culpable error that one of the circumstances mentioned in can. 1323, nn. 4 or 5 was present; 9/ by a person who without negligence did not know that a penalty was attached to a law or precept; 10/ by a person who acted without full imputability provided that the imputability was grave. +Code of Canon Law Can 75 1323 1 The following are not subject to a penalty when they have violated a law or precept: 1) a person who has not yet completed the sixteenth year of age; 2) a person who without negligence was ignorant that he or she violated a law or precept; inadvertence and error are equivalent to ignorance; 3) a person who acted due to physical force or a chance occurrence which the person could not foresee or, if foreseen, avoid; 4) a person who acted coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience unless the act is intrinsically evil or tends to the harm of souls; 5) a person who acted with due moderation against an unjust aggressor for the sake of legitimate self defense or defense of another; 6) a person who lacked the use of reason, without prejudice to the prescripts of cann. 1324, sec. 1, n. 2 and 1325; 7) a person who without negligence thought that one of the circumstances mentioned in nn. 4 or 5 was present. +Code of Canon Law Can 75 1324 1 The perpetrator of a violation is not exempt from a penalty, but the penalty established by law or precept must be tempered or a penance employed in its place if the delict was committed: 1) by a person who had only the imperfect use of reason; 2) by a person who lacked the use of reason because of drunkenness or another similar culpable disturbance of mind; 3) from grave heat of passion which did not precede and hinder all deliberation of mind and consent of will and provided that the passion itself had not been stimulated or fostered voluntarily; 4) by a minor who has completed the age of sixteen years; 5) by a person who was coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience if the delict is intrinsically evil or tends to the harm of souls; 6) by a person who acted without due moderation against an unjust aggressor for the sake of legitimate self defense or defense of another; 7) against someone who gravely and unjustly provokes the person; 8) by a person who thought in culpable error that one of the circumstances mentioned in can. 1323, nn. 4 or 5 was present; 9) by a person who without negligence did not know that a penalty was attached to a law or precept; 10) by a person who acted without full imputability provided that the imputability was grave. Code of Canon Law Can 75 1324 2 A judge can act in the same manner if another circumstance is present which diminishes the gravity of a delict. Code of Canon Law Can 75 1324 3 In the circumstances mentioned in sec. 1, the accused is not bound by a latae sententiae penalty. Code of Canon Law Can 75 1325 1 Crass, supine, or affected ignorance can never be considered in applying the prescripts of cann. 1323 and 1324; likewise drunkenness or other disturbances of mind cannot be considered if they are sought deliberately in order to commit or excuse a delict, nor can passion which is voluntarily stimulated or fostered. -Code of Canon Law Can 75 1326 1 A judge can punish the following more gravely than the law or precept has established: 1/ a person who after a condemnation or after the declaration of a penalty continues so to offend that from the circumstances the obstinate ill will of the person can prudently be inferred; 2/ a person who has been established in some dignity or who has abused a position of authority or office in order to commit the delict; 3/ an accused person who, when a penalty has been established against a delict based on negligence, foresaw the event and nonetheless omitted precautions to avoid it, which any diligent person would have employed. +Code of Canon Law Can 75 1326 1 A judge can punish the following more gravely than the law or precept has established: 1) a person who after a condemnation or after the declaration of a penalty continues so to offend that from the circumstances the obstinate ill will of the person can prudently be inferred; 2) a person who has been established in some dignity or who has abused a position of authority or office in order to commit the delict; 3) an accused person who, when a penalty has been established against a delict based on negligence, foresaw the event and nonetheless omitted precautions to avoid it, which any diligent person would have employed. Code of Canon Law Can 75 1326 2 If the penalty established in the cases mentioned in sec. 1 is latae sententiae, another penalty or a penance can be added. Code of Canon Law Can 75 1327 1 Particular law can establish other exempting, mitigating, or aggravating circumstances besides the cases in cann. 1323-1326, either by general norm or for individual delicts. Likewise, circumstances can be established in a precept which exempt from, mitigate, or increase a penalty established by the precept. Code of Canon Law Can 75 1328 1 A person who has done or omitted something in order to commit a delict and yet, contrary to his or her intent, did not commit the delict is not bound by the penalty established for a completed delict unless the law or precept provides otherwise. @@ -40861,17 +40861,17 @@ Code of Canon Law Can 75 1328 2 If the acts or omissions are by their nature con Code of Canon Law Can 75 1329 1 If ferendae sententiae penalties are established for the principal perpetrator, those who conspire together to commit a delict and are not expressly named in a law or precept are subject to the same penalties or to others of the same or lesser gravity. Code of Canon Law Can 75 1329 2 Accomplices who are not named in a law or precept incur a latae sententiae penalty attached to a delict if without their assistance the delict would not have been committed, and the penalty is of such a nature that it can affect them; otherwise, they can be punished by ferendae sententiae penalties. Code of Canon Law Can 75 1330 1 A delict which consists in a declaration or in another manifestation of will, doctrine, or knowledge must not be considered completed if no one perceives the declaration or manifestation. -Code of Canon Law Can 75 1331 1 An excommunicated person is forbidden: 1/ to have any ministerial participation in celebrating the sacrifice of the Eucharist or any other ceremonies of worship whatsoever; 2/ to celebrate the sacraments or sacramentals and to receive the sacraments; 3/ to exercise any ecclesiastical offices, ministries, or functions whatsoever or to place acts of governance. -Code of Canon Law Can 75 1331 2 If the excommunication has been imposed or declared, the offender: 1/ who wishes to act against the prescript of sec. 1, n. 1 must be prevented from doing so, or the liturgical action must be stopped unless a grave cause precludes this; 2/ invalidly places acts of governance which are illicit according to the norm of sec. 1, n. 3; 3/ is forbidden to benefit from privileges previously granted; 4/ cannot acquire validly a dignity, office, or other function in the Church; 5/ does not appropriate the benefits of a dignity, office, any function, or pension, which the offender has in the Church. +Code of Canon Law Can 75 1331 1 An excommunicated person is forbidden: 1) to have any ministerial participation in celebrating the sacrifice of the Eucharist or any other ceremonies of worship whatsoever; 2) to celebrate the sacraments or sacramentals and to receive the sacraments; 3) to exercise any ecclesiastical offices, ministries, or functions whatsoever or to place acts of governance. +Code of Canon Law Can 75 1331 2 If the excommunication has been imposed or declared, the offender: 1) who wishes to act against the prescript of sec. 1, n. 1 must be prevented from doing so, or the liturgical action must be stopped unless a grave cause precludes this; 2) invalidly places acts of governance which are illicit according to the norm of sec. 1, n. 3; 3) is forbidden to benefit from privileges previously granted; 4) cannot acquire validly a dignity, office, or other function in the Church; 5) does not appropriate the benefits of a dignity, office, any function, or pension, which the offender has in the Church. Code of Canon Law Can 75 1332 1 The prohibitions mentioned in can. 1331, sec. 1, nn. 1 and 2 bind an interdicted person. If the interdict has been imposed or declared, however, the prescript of can. 1331, sec. 2, n. 1 must be observed. -Code of Canon Law Can 75 1333 1 Suspension, which can affect only clerics, prohibits: 1/ either all or some acts of the power of orders; 2/ either all or some acts of the power of governance; 3/ the exercise of either all or some of the rights or functions attached to an office. +Code of Canon Law Can 75 1333 1 Suspension, which can affect only clerics, prohibits: 1) either all or some acts of the power of orders; 2) either all or some acts of the power of governance; 3) the exercise of either all or some of the rights or functions attached to an office. Code of Canon Law Can 75 1333 2 A law or precept can establish that a suspended person cannot place acts of governance validly after a condemnatory or declaratory sentence. -Code of Canon Law Can 75 1333 3 A prohibition never affects: 1/ the offices or the power of governance which are not under the power of the superior who establishes the penalty; 2/ the right of residence which the offender may have by reason of office; 3/ the right to administer goods which may pertain to the office of the person suspended if the penalty is latae sententiae. +Code of Canon Law Can 75 1333 3 A prohibition never affects: 1) the offices or the power of governance which are not under the power of the superior who establishes the penalty; 2) the right of residence which the offender may have by reason of office; 3) the right to administer goods which may pertain to the office of the person suspended if the penalty is latae sententiae. Code of Canon Law Can 75 1333 4 A suspension prohibiting a person from receiving benefits, a stipend, pensions, or any other such thing entails the obligation of making restitution for whatever has been received illegitimately, even if in good faith. Code of Canon Law Can 75 1334 1 Within the limits established by the preceding canon, either the law or precept itself or the sentence or decree which imposes the penalty defines the extent of a suspension. -Code of Canon Law Can 75 1334 2 A law, but not a precept, can establish a latae sententiae suspension without additional determination or limitation; such a penalty has all the eVects listed in can. 1333, sec. 1. +Code of Canon Law Can 75 1334 2 A law, but not a precept, can establish a latae sententiae suspension without additional determination or limitation; such a penalty has all the effects listed in can. 1333, sec. 1. Code of Canon Law Can 75 1335 1 If a censure prohibits the celebration of sacraments or sacramentals or the placing of an act of governance, the prohibition is suspended whenever it is necessary to care for the faithful in danger of death. If a latae sententiae censure has not been declared, the prohibition is also suspended whenever a member of the faithful requests a sacrament or sacramental or an act of governance; a person is permitted to request this for any just cause. -Code of Canon Law Can 75 1336 1 In addition to other penalties which the law may have established, the following are expiatory penalties which can affect an offender either perpetually, for a prescribed time, or for an indeterminate time: 1/ a prohibition or an order concerning residence in a certain place or territory; 2/ privation of a power, office, function, right, privilege, faculty, favor, title, or insignia, even merely honorary; 3/ a prohibition against exercising those things listed under n. 2, or a prohibition against exercising them in a certain place or outside a certain place; these prohibitions are never under pain of nullity; 4/ a penal transfer to another office; 5/ dismissal from the clerical state. +Code of Canon Law Can 75 1336 1 In addition to other penalties which the law may have established, the following are expiatory penalties which can affect an offender either perpetually, for a prescribed time, or for an indeterminate time: 1) a prohibition or an order concerning residence in a certain place or territory; 2) privation of a power, office, function, right, privilege, faculty, favor, title, or insignia, even merely honorary; 3) a prohibition against exercising those things listed under n. 2, or a prohibition against exercising them in a certain place or outside a certain place; these prohibitions are never under pain of nullity; 4) a penal transfer to another office; 5) dismissal from the clerical state. Code of Canon Law Can 75 1336 2 Only those expiatory penalties listed in sec. 1, n. 3 can be latae sententiae. Code of Canon Law Can 75 1337 1 A prohibition against residing in a certain place or territory can affect both clerics and religious; however, the order to reside in a certain place or territory can affect secular clerics and, within the limits of the constitutions, religious. Code of Canon Law Can 75 1337 2 To impose an order to reside in a certain place or territory requires the consent of the ordinary of that place unless it is a question of a house designated for clerics doing penance or being rehabilitated even from outside the diocese. @@ -40889,7 +40889,7 @@ Code of Canon Law Can 75 1342 1 Whenever just causes preclude a judicial process Code of Canon Law Can 75 1342 2 Perpetual penalties cannot be imposed or declared by decree, nor can penalties be so applied when the law or precept establishing them prohibits their application by decree. Code of Canon Law Can 75 1342 3 What a law or precept states about the imposition or declaration of a penalty by a judge in a trial must be applied to a superior who imposes or declares a penalty by extrajudicial decree unless it is otherwise evident or unless it concerns prescripts which pertain only to procedural matters. Code of Canon Law Can 75 1343 1 If the law or precept gives the judge the power to apply or not apply a penalty, the judge can also temper the penalty or impose a penance in its place, according to his own conscience and prudence. -Code of Canon Law Can 75 1344 1 Even if the law uses preceptive words, the judge can, according to his own conscience and prudence: 1/ defer the imposition of the penalty to a more opportune time if it is foreseen that greater evils will result from an offerly hasty punishment of the offender; 2/ abstain from imposing a penalty, impose a lighter penalty, or employ a penance if the offender has reformed and repaired the scandal or if the offender has been or, it is foreseen, will be punished sufficiently by civil authority; 3/ suspend the obligation of observing an expiatory penalty if it is the first offense of an offender who has lived a praiseworthy life and if the need to repair scandal is not pressing, but in such a way that if the offender commits an offense again within the time determined by the judge, the person is to pay the penalty due for each delict unless in the interim the time for the prescription of a penal action has elapsed for the first delict. +Code of Canon Law Can 75 1344 1 Even if the law uses preceptive words, the judge can, according to his own conscience and prudence: 1) defer the imposition of the penalty to a more opportune time if it is foreseen that greater evils will result from an offerly hasty punishment of the offender; 2) abstain from imposing a penalty, impose a lighter penalty, or employ a penance if the offender has reformed and repaired the scandal or if the offender has been or, it is foreseen, will be punished sufficiently by civil authority; 3) suspend the obligation of observing an expiatory penalty if it is the first offense of an offender who has lived a praiseworthy life and if the need to repair scandal is not pressing, but in such a way that if the offender commits an offense again within the time determined by the judge, the person is to pay the penalty due for each delict unless in the interim the time for the prescription of a penal action has elapsed for the first delict. Code of Canon Law Can 75 1345 1 Whenever the offender had only the imperfect use of reason or committed the delict from fear, necessity, the heat of passion, or mental disturbance from drunkenness or something similar, the judge can also abstain from imposing any penalty if he thinks that reform of the person can be better accomplished in another way. Code of Canon Law Can 75 1346 1 Whenever the offender has committed several delicts, it is left to the prudent decision of the judge to moderate the penalties within equitable limits if the sum of the feren dae sententiae penalties appears excessive. Code of Canon Law Can 75 1347 1 A censure cannot be imposed validly unless the offender has been warned at least once beforehand to withdraw from contumacy and has been given a suitable time for repentance. @@ -40905,9 +40905,9 @@ Code of Canon Law Can 75 1353 1 An appeal or recourse from judicial sentences or Code of Canon Law Can 75 1354 1 In addition to the persons listed in cann. 1355-1356, all who can dispense from a law which includes a penalty or who can exempt from a precept which threatens a penalty can also remit that penalty. Code of Canon Law Can 75 1354 2 Moreover, a law or precept which establishes a penalty can also give the power of remission to others. Code of Canon Law Can 75 1354 3 If the Apostolic See has reserved the remission of a penalty to itself or to others, the reservation must be interpreted strictly. -Code of Canon Law Can 75 1355 1 Provided that the penalty has not been reserved to the Apostolic See, the following can remit an imposed or declared penalty established by law: 1/ the ordinary who initiated the trial to impose or declare a penalty or who personally or through another imposed or declared it by decree; 2/ the ordinary of the place where the offender is present, after the ordinary mentioned under n. 1 has been consulted unless this is impossible because of extraordinary circumstances. +Code of Canon Law Can 75 1355 1 Provided that the penalty has not been reserved to the Apostolic See, the following can remit an imposed or declared penalty established by law: 1) the ordinary who initiated the trial to impose or declare a penalty or who personally or through another imposed or declared it by decree; 2) the ordinary of the place where the offender is present, after the ordinary mentioned under n. 1 has been consulted unless this is impossible because of extraordinary circumstances. Code of Canon Law Can 75 1355 2 If the penalty has not been reserved to the Apostolic See, an ordinary can remit a latae sententiae penalty established by law but not yet declared for his subjects and those who are present in his territory or who committed the offense there; any bishop can also do this in the act of sacramental confession. -Code of Canon Law Can 75 1356 1 The following can remit a ferendae sententiae or latae sententiae penalty established by a precept not issued by the Apostolic See: 1/ the ordinary of the place where the offender is present; 2/ if the penalty has been imposed or declared, the ordinary who initiated the trial to impose or declare the penalty or who personally or through another imposed or declared it by decree. +Code of Canon Law Can 75 1356 1 The following can remit a ferendae sententiae or latae sententiae penalty established by a precept not issued by the Apostolic See: 1) the ordinary of the place where the offender is present; 2) if the penalty has been imposed or declared, the ordinary who initiated the trial to impose or declare the penalty or who personally or through another imposed or declared it by decree. Code of Canon Law Can 75 1356 2 The author of the precept must be consulted before remission is made unless this is impossible because of extraordinary circumstances. Code of Canon Law Can 75 1357 1 Without prejudice to the prescripts of cann. 508 and 976, a confessor can remit in the internal sacramental forum an undeclared latae sententiae censure of excommunication or interdict if it is burdensome for the penitent to remain in the state of grave sin during the time necessary for the competent superior to make provision. Code of Canon Law Can 75 1357 2 In granting the remission, the confessor is to impose on the penitent, under the penalty of reincidence, the obligation of making recourse within a month to the competent superior or to a priest endowed with the faculty and the obligation of obeying his mandates; in the meantime he is to impose a suitable penance and, insofar as it is demanded, reparation of any scandal and damage; however, recourse can also be made through the confessor, without mention of the name. @@ -40919,7 +40919,7 @@ Code of Canon Law Can 75 1360 1 The remission of a penalty extorted by grave fea Code of Canon Law Can 75 1361 1 A remission can also be given conditionally or to a person who is absent. Code of Canon Law Can 75 1361 2 A remission in the external forum is to be given in writing unless a grave cause suggests otherwise. Code of Canon Law Can 75 1361 3 Care is to be taken that the petition of remission or the remission itself is not divulged except insofar as it is either useful to protect the reputation of the offender or necessary to repair scandal. -Code of Canon Law Can 75 1362 1 Prescription extinguishes a criminal action after three years unless it concerns: 1/ delicts reserved to the Congregation for the Doctrine of the Faith; 2/ an action arising from the delicts mentioned in cann. 1394, 1395, 1397, and 1398, which have a prescription of five years; 3/ delicts which are not punished in the common law if particular law has established another period for prescription. +Code of Canon Law Can 75 1362 1 Prescription extinguishes a criminal action after three years unless it concerns: 1) delicts reserved to the Congregation for the Doctrine of the Faith; 2) an action arising from the delicts mentioned in cann. 1394, 1395, 1397, and 1398, which have a prescription of five years; 3) delicts which are not punished in the common law if particular law has established another period for prescription. Code of Canon Law Can 75 1362 2 Prescription runs from the day on which the delict was committed or, if the delict is continuous or habitual, from the day on which it ceased. Code of Canon Law Can 75 1363 1 Prescription extinguishes an action to execute a penalty if the offender is not notified of the executive decree of the judge mentioned in can. 1651 within the time limits mentioned in can. 1362; these limits are to be computed from the day on which the condemnatory sentence became a res iudicata. Code of Canon Law Can 75 1363 2 Having observed what is required, the same is valid if the penalty was imposed by extrajudicial decree. @@ -40933,7 +40933,7 @@ Code of Canon Law Can 75 1369 1 A person who in a public show or speech, in publ Code of Canon Law Can 75 1370 1 A person who uses physical force against the Roman Pontiff incurs a latae sententiae excommunication reserved to the Apostolic See; if he is a cleric, another penalty, not excluding dismissal from the clerical state, can be added according to the gravity of the delict. Code of Canon Law Can 75 1370 2 A person who does this against a bishop incurs a latae sententiae interdict and, if he is a cleric, also a latae sententiae suspension. Code of Canon Law Can 75 1370 3 A person who uses physical force against a cleric or religious out of contempt for the faith, the Church, ecclesiastical power, or the ministry is to be punished with a just penalty. -Code of Canon Law Can 75 1371 1 The following are to be punished with a just penalty: 1/ in addition to the case mentioned in can. 1364, sec. 1, a person who teaches a doctrine condemned by the Roman Pontiff or an ecumenical council or who obstinately rejects the doctrine mentioned in can. 750, sec. 2 or in can. 752 and who does not retract after having been admonished by the Apostolic See or an ordinary; 2/ a person who otherwise does not obey a legitimate precept or prohibition of the Apostolic See, an ordinary, or a superior and who persists in disobedience after a warning. +Code of Canon Law Can 75 1371 1 The following are to be punished with a just penalty: 1) in addition to the case mentioned in can. 1364, sec. 1, a person who teaches a doctrine condemned by the Roman Pontiff or an ecumenical council or who obstinately rejects the doctrine mentioned in can. 750, sec. 2 or in can. 752 and who does not retract after having been admonished by the Apostolic See or an ordinary; 2) a person who otherwise does not obey a legitimate precept or prohibition of the Apostolic See, an ordinary, or a superior and who persists in disobedience after a warning. Code of Canon Law Can 75 1372 1 A person who makes recourse against an act of the Roman Pontiff to an ecumenical council or the college of bishops is to be punished with a censure. Code of Canon Law Can 75 1373 1 A person who publicly incites among subjects animosities or hatred against the Apostolic See or an ordinary because of some act of power or ecclesiastical ministry or provokes subjects to disobey them is to be punished by an interdict or other just penalties. Code of Canon Law Can 75 1374 1 A person who joins an association which plots against the Church is to be punished with a just penalty; however, a person who promotes or directs an association of this kind is to be punished with an interdict. @@ -40941,7 +40941,7 @@ Code of Canon Law Can 75 1375 1 Those who impede the freedom of ministry, of ele Code of Canon Law Can 75 1376 1 A person who profanes a movable or immovable sacred object is to be punished with a just penalty. Code of Canon Law Can 75 1377 1 A person who alienates ecclesiastical goods without the prescribed permission is to be punished with a just penalty. Code of Canon Law Can 75 1378 1 A priest who acts against the prescript of can. 977 incurs a latae sententiae excommunication reserved to the Apostolic See. -Code of Canon Law Can 75 1378 2 The following incur a latae sententiae penalty of interdict or, if a cleric, a latae sententiae penalty of suspension: 1/ a person who attempts the liturgical action of the Eucharistic sacrifice though not promoted to the sacerdotal order; 2/ apart from the case mentioned in sec. 1, a person who, though unable to give sacramental absolution validly, attempts to impart it or who hears sacramental confession. +Code of Canon Law Can 75 1378 2 The following incur a latae sententiae penalty of interdict or, if a cleric, a latae sententiae penalty of suspension: 1) a person who attempts the liturgical action of the Eucharistic sacrifice though not promoted to the sacerdotal order; 2) apart from the case mentioned in sec. 1, a person who, though unable to give sacramental absolution validly, attempts to impart it or who hears sacramental confession. Code of Canon Law Can 75 1378 3 In the cases mentioned in sec. 2, other penalties, not excluding excommunication, can be added according to the gravity of the delict. Code of Canon Law Can 75 1379 1 In addition to the cases mentioned in can. 1378, a person who simulates the administration of a sacrament is to be punished with a just penalty. Code of Canon Law Can 75 1380 1 A person who celebrates or receives a sacrament through simony is to be punished with an interdict or suspension. @@ -40960,7 +40960,7 @@ Code of Canon Law Can 75 1389 2 A person who through culpable negligence illegit Code of Canon Law Can 75 1390 1 A person who falsely denounces before an ecclesiastical superior a confessor for the delict mentioned in can. 1387 incurs a latae sententiae interdict and, if he is a cleric, also a suspension. Code of Canon Law Can 75 1390 2 A person who offers an ecclesiastical superior any other calumnious denunciation of a delict or who otherwise injures the good reputation of another can be punished with a just penalty, not excluding a censure. Code of Canon Law Can 75 1390 3 A calumniator can also be forced to make suitable reparation. -Code of Canon Law Can 75 1391 1 The following can be punished with a just penalty according to the gravity of the delict: 1/ a person who produces a false public ecclesiastical document, who changes, destroys, or conceals an authentic one, or who uses a false or altered one; 2/ a person who uses another false or altered document in an ecclesiastical matter; 3/ a person who asserts a falsehood in a public ecclesiastical document. +Code of Canon Law Can 75 1391 1 The following can be punished with a just penalty according to the gravity of the delict: 1) a person who produces a false public ecclesiastical document, who changes, destroys, or conceals an authentic one, or who uses a false or altered one; 2) a person who uses another false or altered document in an ecclesiastical matter; 3) a person who asserts a falsehood in a public ecclesiastical document. Code of Canon Law Can 75 1392 1 Clerics or religious who exercise a trade or business contrary to the prescripts of the canons are to be punished according to the gravity of the delict. Code of Canon Law Can 75 1393 1 A person who violates obligations imposed by a penalty can be punished with a just penalty. Code of Canon Law Can 75 1394 1 Without prejudice to the prescript of can. 194, sec. 1, n. 3, a cleric who attempts marriage, even if only civilly, incurs a latae sententiae suspension. If he does not repent after being warned and continues to give scandal, he can be punished gradually by privations or even by dismissal from the clerical state. @@ -40971,16 +40971,16 @@ Code of Canon Law Can 75 1396 1 A person who gravely violates the obligation of Code of Canon Law Can 75 1397 1 A person who commits a homicide or who kidnaps, detains, mutilates, or gravely wounds a person by force or fraud is to be punished with the privations and prohibitions mentioned in can. 1336 according to the gravity of the delict. Homicide against the persons mentioned in can. 1370, however, is to be punished by the penalties established there. Code of Canon Law Can 75 1398 1 A person who procures a completed abortion incurs a latae sententiae excommunication. Code of Canon Law Can 75 1399 1 In addition to the cases established here or in other laws, the external violation of a divine or canonical law can be punished by a just penalty only when the special gravity of the violation demands punishment and there is an urgent need to prevent or repair scandals. -Code of Canon Law Can 75 1400 1 The object of a trial is: 1/ the pursuit or vindication of the rights of physical or juridic persons, or the declaration of juridic facts; 2/ the imposition or declaration of a penalty for delicts. +Code of Canon Law Can 75 1400 1 The object of a trial is: 1) the pursuit or vindication of the rights of physical or juridic persons, or the declaration of juridic facts; 2) the imposition or declaration of a penalty for delicts. Code of Canon Law Can 75 1400 2 Nevertheless, controversies arising from an act of administrative power can be brought only before the superior or an administrative tribunal. -Code of Canon Law Can 75 1401 1 By proper and exclusive right the Church adjudicates: 1/ cases which regard spiritual matters or those connected to spiritual matters; 2/ the violation of ecclesiastical laws and all those matters in which there is a question of sin, in what pertains to the determination of culpability and the imposition of ecclesiastical penalties. +Code of Canon Law Can 75 1401 1 By proper and exclusive right the Church adjudicates: 1) cases which regard spiritual matters or those connected to spiritual matters; 2) the violation of ecclesiastical laws and all those matters in which there is a question of sin, in what pertains to the determination of culpability and the imposition of ecclesiastical penalties. Code of Canon Law Can 75 1402 1 The following canons govern all tribunals of the Church, without prejudice to the norms of the tribunals of the Apostolic See. Code of Canon Law Can 75 1403 1 Special pontifical law governs the causes of canonization of the servants of God. Code of Canon Law Can 75 1403 2 The prescripts of this Code, however, apply to these causes whenever the special pontifical law refers to the universal law, or norms are involved which also affect these causes by the very nature of the matter. Code of Canon Law Can 75 1404 1 The First See is judged by no one. -Code of Canon Law Can 75 1405 1 It is solely the right of the Roman Pontiff himself to judge in the cases mentioned in can. 1401: 1/ those who hold the highest civil office of a state; 2/ cardinals; 3/ legates of the Apostolic See and, in penal cases, bishops; 4/ other cases which he has called to his own judgment. +Code of Canon Law Can 75 1405 1 It is solely the right of the Roman Pontiff himself to judge in the cases mentioned in can. 1401: 1) those who hold the highest civil office of a state; 2) cardinals; 3) legates of the Apostolic See and, in penal cases, bishops; 4) other cases which he has called to his own judgment. Code of Canon Law Can 75 1405 2 A judge cannot review an act or instrument confirmed specifically (in forma specifica) by the Roman Pontiff without his prior mandate. -Code of Canon Law Can 75 1405 3 Judgment of the following is reserved to the Roman Rota: 1/ bishops in contentious matters, without prejudice to the prescript of can. 1419, sec. 2; 2/ an abbot primate or abbot superior of a monastic congregation and a supreme moderator of religious institutes of pontifical right; 3/ dioceses or other physical or juridic ecclesiastical persons which do not have a superior below the Roman Pontiff. +Code of Canon Law Can 75 1405 3 Judgment of the following is reserved to the Roman Rota: 1) bishops in contentious matters, without prejudice to the prescript of can. 1419, sec. 2; 2) an abbot primate or abbot superior of a monastic congregation and a supreme moderator of religious institutes of pontifical right; 3) dioceses or other physical or juridic ecclesiastical persons which do not have a superior below the Roman Pontiff. Code of Canon Law Can 75 1406 1 If the prescript of can. 1404 is violated, the acts and decisions are considered as not to have been placed. Code of Canon Law Can 75 1406 2 In the cases mentioned in can. 1405, the incompetence of other judges is absolute. Code of Canon Law Can 75 1407 1 No one can be brought to trial in first instance except before an ecclesiastical judge who is competent by reason of one of the titles determined in cann. 1408-1414. @@ -40993,7 +40993,7 @@ Code of Canon Law Can 75 1410 1 By reason of the location of an object, a party Code of Canon Law Can 75 1411 1 By reason of a contract, a party can be brought to trial before the tribunal of the place where the contract was entered into or must be fulfilled unless the parties agree to choose some other tribunal. Code of Canon Law Can 75 1411 2 If the case concerns obligations which originate from another title, a party can be brought to trial before the tribunal of the place where the obligation either originated or must be fulfilled. Code of Canon Law Can 75 1412 1 In penal cases the accused, even if absent, can be brought to trial before the tribunal of the place where the delict was committed. -Code of Canon Law Can 75 1413 1 A party can be brought to trial: 1/ in cases which concern administration, before the tribunal of the place where the administration was conducted; 2/ in cases which regard inheritances or pious legacies, before the tribunal of the last domicile, quasi-domicile, or place of residence, according to the norm of cann. 1408-1409, of the one whose inheritance or pious legacy is at issue unless it concerns the mere execution of the legacy, which must be examined according to the ordinary norms of competence. +Code of Canon Law Can 75 1413 1 A party can be brought to trial: 1) in cases which concern administration, before the tribunal of the place where the administration was conducted; 2) in cases which regard inheritances or pious legacies, before the tribunal of the last domicile, quasi-domicile, or place of residence, according to the norm of cann. 1408-1409, of the one whose inheritance or pious legacy is at issue unless it concerns the mere execution of the legacy, which must be examined according to the ordinary norms of competence. Code of Canon Law Can 75 1414 1 By reason of connection, interconnected cases must be adjudicated by one and the same tribunal in the same process unless a prescript of law prevents this. Code of Canon Law Can 75 1415 1 By reason of prevention, if two or more tribunals are equally competent, the right of adjudicating the case belongs to the one which legitimately cited the respondent first. Code of Canon Law Can 75 1416 1 The appellate tribunal resolves conflicts of competence between tribunals subject to it; if the tribunals are not subject to the same appellate tribunal, the Apostolic Signatura resolves conflicts of competence. @@ -41014,7 +41014,7 @@ Code of Canon Law Can 75 1422 1 The judicial vicar, adjutant judicial vicars, an Code of Canon Law Can 75 1423 1 With the approval of the Apostolic See, several diocesan bishops can agree to establish a single tribunal of first instance for their dioceses in place of the diocesan tribunals mentioned in cann. 1419-1421. In this case, the group of bishops or a bishop they designate has all the powers which a diocesan bishop has over his own tribunal. Code of Canon Law Can 75 1423 2 The tribunals mentioned in sec. 1 can be established either for any cases whatsoever or only for certain types of cases. Code of Canon Law Can 75 1424 1 In any trial, a single judge can employ two assessors who consult with him; they are to be clerics or lay persons of upright life. -Code of Canon Law Can 75 1425 1 With every contrary custom reprobated, the following cases are reserved to a collegiate tribunal of three judges: 1/ contentious cases: a) concerning the bond of sacred ordination; b) concerning the bond of marriage, without prejudice to the prescripts of cann. 1686 and 1688; 2/ penal cases: a) concerning delicts which can entail the penalty of dismissal from the clerical state; b) concerning the imposition or declaration of an excommunication. +Code of Canon Law Can 75 1425 1 With every contrary custom reprobated, the following cases are reserved to a collegiate tribunal of three judges: 1) contentious cases: a) concerning the bond of sacred ordination; b) concerning the bond of marriage, without prejudice to the prescripts of cann. 1686 and 1688; 2) penal cases: a) concerning delicts which can entail the penalty of dismissal from the clerical state; b) concerning the imposition or declaration of an excommunication. Code of Canon Law Can 75 1425 2 The bishop can entrust more difficult cases or those of greater importance to the judgment of three or five judges. Code of Canon Law Can 75 1425 3 Unless the bishop establishes otherwise in individual cases, the judicial vicar is to assign the judges in order by turn to adjudicate individual cases. Code of Canon Law Can 75 1425 4 If it happens that a collegiate tribunal cannot be established in the first instance of a trial, the conference of bishops can permit the bishop, for as long as the impossibility continues, to entrust cases to a single clerical judge who is to employ an assessor and auditor where possible. @@ -41033,13 +41033,13 @@ Code of Canon Law Can 75 1431 1 In contentious cases, it is for the diocesan bis Code of Canon Law Can 75 1431 2 If the promoter of justice has intervened in a previous instance, such intervention is presumed necessary in a further instance. Code of Canon Law Can 75 1432 1 A defender of the bond is to be appointed in a diocese for cases concerning the nullity of sacred ordination or the nullity or dissolution of a marriage; the defender of the bond is bound by office to propose and explain everything which reasonably can be brought forth against nullity or dissolution. Code of Canon Law Can 75 1433 1 If the promoter of justice or defender of the bond was not cited in cases which require their presence, the acts are invalid unless they actually took part even if not cited or, after they have inspected the acts, at least were able to fulfill their function before the sentence. -Code of Canon Law Can 75 1434 1 Unless other provision is expressly made: 1/ whenever the law requires the judge to hear either both or one of the parties, the promoter of justice and the defender of the bond must also be heard if they take part in the trial; 2/ whenever the request of a party is required in order for the judge to be able to decide something, the request of the promoter of justice or defender of the bond who takes part in the trial has the same force. +Code of Canon Law Can 75 1434 1 Unless other provision is expressly made: 1) whenever the law requires the judge to hear either both or one of the parties, the promoter of justice and the defender of the bond must also be heard if they take part in the trial; 2) whenever the request of a party is required in order for the judge to be able to decide something, the request of the promoter of justice or defender of the bond who takes part in the trial has the same force. Code of Canon Law Can 75 1435 1 It is for the bishop to appoint the promoter of justice and defender of the bond; they are to be clerics or lay persons, of unimpaired reputation, doctors or licensed in canon law, and proven in prudence and zeal for justice. Code of Canon Law Can 75 1436 1 The same person can hold the office of promoter of justice and defender of the bond but not in the same case. Code of Canon Law Can 75 1436 2 The promoter and the defender can be appointed for all cases or for individual cases; however, the bishop can remove them for a just cause. Code of Canon Law Can 75 1437 1 A notary is to take part in any process, so much so that the acts are null if the notary has not signed them. Code of Canon Law Can 75 1437 2 Acts which notaries prepare warrant public trust. -Code of Canon Law Can 75 1438 1 Without prejudice to the prescript of can. 1444, sec. 1, n. 1: 1/ from the tribunal of a suffragan bishop, appeal is made to the metropolitan tribunal, without prejudice to the prescript of can. 1439; 2/ in cases tried in first instance before the metropolitan, appeal is made to the tribunal which the metropolitan has designated in a stable manner with the approval of the Apostolic See; 3/ for cases tried before a provincial superior, the tribunal of second instance is under the authority of the supreme moderator; for cases tried before the local abbot, the tribunal of second instance is under the authority of the abbot superior of the monastic congregation. +Code of Canon Law Can 75 1438 1 Without prejudice to the prescript of can. 1444, sec. 1, n. 1: 1) from the tribunal of a suffragan bishop, appeal is made to the metropolitan tribunal, without prejudice to the prescript of can. 1439; 2) in cases tried in first instance before the metropolitan, appeal is made to the tribunal which the metropolitan has designated in a stable manner with the approval of the Apostolic See; 3) for cases tried before a provincial superior, the tribunal of second instance is under the authority of the supreme moderator; for cases tried before the local abbot, the tribunal of second instance is under the authority of the abbot superior of the monastic congregation. Code of Canon Law Can 75 1439 1 If a single tribunal of first instance has been established for several dioceses according to the norm of Can. 1423, the conference of bishops must establish a tribunal of second instance with the approval of the Apostolic See unless the dioceses are all suffragan of the same archdiocese. Code of Canon Law Can 75 1439 2 With the approval of the Apostolic See, a conference of bishops can establish one or more tribunals of second instance in addition to the cases mentioned in sec. 1. Code of Canon Law Can 75 1439 3 Over the tribunals of second instance mentioned in secs. 1-2, the conference of bishops or the bishop it designates has all the powers which a diocesan bishop has over his own tribunal. @@ -41047,11 +41047,11 @@ Code of Canon Law Can 75 1440 1 If competence by reason of grade according to th Code of Canon Law Can 75 1441 1 The tribunal of second instance must be established in the same way as the tribunal of first instance. Nevertheless, if a single judge rendered a sentence in the first instance of the trial according to can. 1425, sec. 4, the tribunal of second instance is to proceed collegially. Code of Canon Law Can 75 1442 1 The Roman Pontiff is the supreme judge for the entire Catholic world; he renders judicial decisions personally, through the ordinary tribunals of the Apostolic See, or through judges he has delegated. Code of Canon Law Can 75 1443 1 The Roman Rota is the ordinary tribunal established by the Roman Pontiff to receive appeals. -Code of Canon Law Can 75 1444 1 The Roman Rota judges: 1/ in second instance, cases which have been adjudicated by the ordinary tribunals of first instance and brought before the Holy See through legitimate appeal; 2/ in third or further instance, cases which the Roman Rota or any other tribunals have already adjudicated unless the matter is a res iudicata. +Code of Canon Law Can 75 1444 1 The Roman Rota judges: 1) in second instance, cases which have been adjudicated by the ordinary tribunals of first instance and brought before the Holy See through legitimate appeal; 2) in third or further instance, cases which the Roman Rota or any other tribunals have already adjudicated unless the matter is a res iudicata. Code of Canon Law Can 75 1444 2 This tribunal also judges in first instance the cases mentioned in can. 1405, sec. 3 and others which the Roman Pontiff, either motu proprio or at the request of the parties, has called to his own tribunal and entrusted to the Roman Rota; unless the rescript entrusting the function provides otherwise, the Rota also judges these cases in second and further instance. -Code of Canon Law Can 75 1445 1 The supreme tribunal of the Apostolic Signatura adjudicates: 1/ complaints of nullity, petitions for restitutio in integrum and other recourses against rotal sentences; 2/ recourses in cases concerning the status of persons which the Roman Rota refused to admit to a new examination; 3/ exceptions of suspicion and other cases against the auditors of the Roman Rota for acts done in the exercise of their function; 4/ conflicts of competence mentioned in can. 1416. +Code of Canon Law Can 75 1445 1 The supreme tribunal of the Apostolic Signatura adjudicates: 1) complaints of nullity, petitions for restitutio in integrum and other recourses against rotal sentences; 2) recourses in cases concerning the status of persons which the Roman Rota refused to admit to a new examination; 3) exceptions of suspicion and other cases against the auditors of the Roman Rota for acts done in the exercise of their function; 4) conflicts of competence mentioned in can. 1416. Code of Canon Law Can 75 1445 2 This tribunal deals with conflicts which have arisen from an act of ecclesiastical administrative power and are brought before it legitimately, with other administrative controversies which the Roman Pontiff or the dicasteries of the Roman Curia bring before it, and with a conflict of competence among these dicasteries. -Code of Canon Law Can 75 1445 3 Furthermore it is for this supreme tribunal: 1/ to watch over the correct administration of justice and discipline advocates or procurators if necessary; 2/ to extend the competence of tribunals; 3/ to promote and approve the erection of the tribunals mentioned in cann. 1423 and 1439. +Code of Canon Law Can 75 1445 3 Furthermore it is for this supreme tribunal: 1) to watch over the correct administration of justice and discipline advocates or procurators if necessary; 2) to extend the competence of tribunals; 3) to promote and approve the erection of the tribunals mentioned in cann. 1423 and 1439. Code of Canon Law Can 75 1446 1 All the Christian faithful, and especially bishops, are to strive diligently to avoid litigation among the people of God as much as possible, without prejudice to justice, and to resolve litigation peacefully as soon as possible. Code of Canon Law Can 75 1446 2 Whenever the judge perceives some hope of a favorable outcome at the start of litigation or even at any other time, the judge is not to neglect to encourage and assist the parties to collaborate in seeking an equitable solution to the controversy and to indicate to them suitable means to this end, even by using reputable persons for mediation. Code of Canon Law Can 75 1446 3 If the litigation concerns the private good of the parties, the judge is to discern whether the controversy can be concluded advantageously by an agreement or the judgment of arbitrators according to the norm of cann. 1713-1716. @@ -41149,9 +41149,9 @@ Code of Canon Law Can 75 1501 1 A judge cannot adjudicate a case unless the part Code of Canon Law Can 75 1502 1 A person who wishes to bring another to trial must present to a competent judge a libellus which sets forth the object of the controversy and requests the services of the judge. Code of Canon Law Can 75 1503 1 The judge can accept an oral petition whenever the petitioner is impeded from presenting a libellus or the case is easily investigated and of lesser importance. Code of Canon Law Can 75 1503 2 In either case, however, the judge is to order the notary to put the act into writing; the written record must be read to and approved by the petitioner and has all the legal effects of a libellus written by the petitioner. -Code of Canon Law Can 75 1504 1 The libellus, which introduces litigation, must: 1/ express the judge before whom the case is introduced, what is being sought and by whom it is being sought; 2/ indicate the right upon which the petitioner bases the case and, at least generally, the facts and proofs which will prove the allegations; 3/ be signed by the petitioner or the petitioner's procurator, indicating the day, month, and year, and the address where the petitioner or procurator lives or where they say they reside for the purpose of receiving the acts; 4/ indicate the domicile or quasi-domicile of the respondent. +Code of Canon Law Can 75 1504 1 The libellus, which introduces litigation, must: 1) express the judge before whom the case is introduced, what is being sought and by whom it is being sought; 2) indicate the right upon which the petitioner bases the case and, at least generally, the facts and proofs which will prove the allegations; 3) be signed by the petitioner or the petitioner's procurator, indicating the day, month, and year, and the address where the petitioner or procurator lives or where they say they reside for the purpose of receiving the acts; 4) indicate the domicile or quasi-domicile of the respondent. Code of Canon Law Can 75 1505 1 When a single judge or the president of a collegiate tribunal has seen that the matter is within his competence and the petitioner does not lack legitimate personal standing in the trial, he must accept or reject the libellus as soon as possible by decree. -Code of Canon Law Can 75 1505 2 A libellus can be rejected only: 1/ if the judge or tribunal is incompetent; 2/ if without doubt it is evident that the petitioner lacks legitimate personal standing in the trial; 3/ if the prescripts of can. 1504, nn. 1-3 have not been observed; 4/ if it is certainly clear from the libellus itself that the petition lacks any basis and that there is no possibility that any such basis will appear through a process. +Code of Canon Law Can 75 1505 2 A libellus can be rejected only: 1) if the judge or tribunal is incompetent; 2) if without doubt it is evident that the petitioner lacks legitimate personal standing in the trial; 3) if the prescripts of can. 1504, nn. 1-3 have not been observed; 4) if it is certainly clear from the libellus itself that the petition lacks any basis and that there is no possibility that any such basis will appear through a process. Code of Canon Law Can 75 1505 3 If the libellus has been rejected because of defects which can be corrected, the petitioner can resubmit a new, correctly prepared libellus to the same judge. Code of Canon Law Can 75 1505 4 A party is always free within ten available days to make recourse with substantiating reasons against the rejection of a libellus either to the appellate tribunal or to the college if the libellus was rejected by the presiding judge; the question of the rejection is to be decided as promptly as possible (expeditissime). Code of Canon Law Can 75 1506 1 If within a month from the presentation of the libellus the judge has not issued a decree which accepts or rejects the libellus according to the norm of can. 1505, the interested party can insist that the judge fulfill his function. If the judge takes no action within ten days from the request, then the libellus is to be considered as accepted. @@ -41165,7 +41165,7 @@ Code of Canon Law Can 75 1509 1 The notification of citations, decrees, sentence Code of Canon Law Can 75 1509 2 The fact of notification and its method must be evident in the acts. Code of Canon Law Can 75 1510 1 A respondent who refuses to accept the document of citation or who prevents its delivery is considered to be legitimately cited. Code of Canon Law Can 75 1511 1 If the citation was not communicated legitimately, the acts of the process are null, without prejudice to the prescript of can. 1507, sec. 3. -Code of Canon Law Can 75 1512 1 When the citation has been communicated legitimately or the parties have appeared before the judge to pursue the case: 1/ the matter ceases to be res integra; 2/ the case becomes proper to the otherwise competent judge or tribunal before which the action was initiated; 3/ the jurisdiction of a delegated judge is fixed in such a way that it does not cease when the authority of the one delegating expires; 4/ prescription is interrupted unless other provision is made; 5/ the litigation begins to be pending; therefore, the principle while litigation is pending, nothing is to be altered immediately takes effect. +Code of Canon Law Can 75 1512 1 When the citation has been communicated legitimately or the parties have appeared before the judge to pursue the case: 1) the matter ceases to be res integra; 2) the case becomes proper to the otherwise competent judge or tribunal before which the action was initiated; 3) the jurisdiction of a delegated judge is fixed in such a way that it does not cease when the authority of the one delegating expires; 4) prescription is interrupted unless other provision is made; 5) the litigation begins to be pending; therefore, the principle while litigation is pending, nothing is to be altered immediately takes effect. Code of Canon Law Can 75 1513 1 The joinder of the issue (contestatio litis) occurs when the terms of the controversy, derived from the petitions and responses of the parties, are defined through a decree of the judge. Code of Canon Law Can 75 1513 2 The petitions and responses of the parties, besides those in the libellus which introduces the litigation, can be expressed either in a response to the citation or in the oral declarations made before the judge; in more difficult cases, however, the judge must convene the parties to resolve the doubt or doubts which must be answered in the sentence. Code of Canon Law Can 75 1513 3 The decree of the judge must be communicated to the parties; unless they have already agreed to the terms, the parties can make recourse to the judge within ten days in order to change them; a decree of the judge, however, must resolve the question as promptly as possible (expeditissime). @@ -41173,7 +41173,7 @@ Code of Canon Law Can 75 1514 1 Once established, the terms of the controversy c Code of Canon Law Can 75 1515 1 After the issue has been joined, the possessor of the property of another ceases to be in good faith; therefore, if the possessor is sentenced to restore the property, the person must also return the profits made from the day of the joinder and repair any damages. Code of Canon Law Can 75 1516 1 After the issue has been joined, the judge is to prescribe a suitable time for the parties to present and complete the proofs. Code of Canon Law Can 75 1517 1 A trial begins with the citation; it ends not only by the pronouncement of a definitive sentence but also by other methods defined by law. -Code of Canon Law Can 75 1518 1 If the litigating party dies, changes status, or ceases from the office in virtue of which action is taken: 1/ if the case has not yet been concluded, the trial is suspended until the heir of the deceased, the successor, or an interested party resumes the litigation; 2/ if the case has been concluded, the judge must proceed to the additional acts, after having cited the procurator, if there is one, or otherwise the heir of the deceased or the successor. +Code of Canon Law Can 75 1518 1 If the litigating party dies, changes status, or ceases from the office in virtue of which action is taken: 1) if the case has not yet been concluded, the trial is suspended until the heir of the deceased, the successor, or an interested party resumes the litigation; 2) if the case has been concluded, the judge must proceed to the additional acts, after having cited the procurator, if there is one, or otherwise the heir of the deceased or the successor. Code of Canon Law Can 75 1519 1 If the guardian, curator, or procurator who is necessary according to the norm of can. 1481, secs. 1 and 3 ceases from that function, the trial is suspended in the meantime. Code of Canon Law Can 75 1519 2 The judge, however, is to appoint another guardian or curator as soon as possible; the judge can appoint a procurator for the litigation if the party has neglected to do so within the brief time period established by the judge. Code of Canon Law Can 75 1520 1 If the parties, without any impediment, propose no procedural act for six months, the trial is abated. Particular law can establish other terms of abatement. @@ -41185,7 +41185,7 @@ Code of Canon Law Can 75 1524 2 To renounce a trial, guardians and administrator Code of Canon Law Can 75 1524 3 To be valid, a renunciation must be written and signed by the party or by a procurator of the party who has a special mandate to do so; it must be communicated to the other party, accepted or at least not challenged by that party, and accepted by the judge. Code of Canon Law Can 75 1525 1 A renunciation accepted by the judge has the same effects for the acts renounced as the abatement of the trial; it also obliges the renouncing party to pay the expenses for the acts renounced. Code of Canon Law Can 75 1526 1 The burden of proof rests upon the person who makes the allegation. -Code of Canon Law Can 75 1526 2 The following do not need proof: 1/ matters presumed by the law itself; 2/ facts alleged by one of the contending parties and admitted by the other unless the law or the judge nevertheless requires proof. +Code of Canon Law Can 75 1526 2 The following do not need proof: 1) matters presumed by the law itself; 2) facts alleged by one of the contending parties and admitted by the other unless the law or the judge nevertheless requires proof. Code of Canon Law Can 75 1527 1 Proofs of any kind which seem useful for adjudicating the case and are licit can be brought forward. Code of Canon Law Can 75 1527 2 If a party insists that a proof rejected by a judge be accepted, the judge is to decide the matter as promptly as possible (expeditissime). Code of Canon Law Can 75 1528 1 If a party or a witness refuses to appear before the judge to testify, it is permissible to hear them through a lay person designated by the judge or to require of them a declaration either before a notary public or in any other legitimate manner. @@ -41214,10 +41214,10 @@ Code of Canon Law Can 75 1546 1 Even if documents are common, no one is bound to Code of Canon Law Can 75 1546 2 Nonetheless, if at least some small part of a document can be transcribed and presented in copy without the above-mentioned disadvantages, the judge can decree that it be produced. Code of Canon Law Can 75 1547 1 Proof by means of witnesses is allowed under the direction of the judge in cases of any kind. Code of Canon Law Can 75 1548 1 When the judge questions witnesses legitimately, they must tell the truth. -Code of Canon Law Can 75 1548 2 Without prejudice to the prescript of can. 1550, sec. 2, n. 2, the following are exempted from the obligation to respond: 1/ clerics regarding what has been made known to them by reason of sacred ministry; civil officials, physicians, midwives, advocates, notaries, and others bound by professional secrecy even by reason of having given advice, regarding those matters subject to this secrecy; 2/ those who fear that from their own testimony ill repute, dangerous hardships, or other grave evils will befall them, their spouses, or persons related to them by consanguinity or affinity. +Code of Canon Law Can 75 1548 2 Without prejudice to the prescript of can. 1550, sec. 2, n. 2, the following are exempted from the obligation to respond: 1) clerics regarding what has been made known to them by reason of sacred ministry; civil officials, physicians, midwives, advocates, notaries, and others bound by professional secrecy even by reason of having given advice, regarding those matters subject to this secrecy; 2) those who fear that from their own testimony ill repute, dangerous hardships, or other grave evils will befall them, their spouses, or persons related to them by consanguinity or affinity. Code of Canon Law Can 75 1549 1 All persons can be witnesses unless the law expressly excludes them in whole or in part. Code of Canon Law Can 75 1550 1 Minors below the fourteenth year of age and those of limited mental capacity are not allowed to give testimony; they can, however, be heard by a decree of the judge which declares such a hearing expedient. -Code of Canon Law Can 75 1550 2 The following are considered incapable: 1/ the parties in the case or those who stand for the parties at the trial, the judge and the judge's assistants, the advocate, and others who assist or have assisted the parties in the same case; 2/ priests regarding all matters which they have come to know from sacramental confession even if the penitent seeks their disclosure; moreover, matters heard by anyone and in any way on the occasion of confession cannot be accepted even as an indication of the truth. +Code of Canon Law Can 75 1550 2 The following are considered incapable: 1) the parties in the case or those who stand for the parties at the trial, the judge and the judge's assistants, the advocate, and others who assist or have assisted the parties in the same case; 2) priests regarding all matters which they have come to know from sacramental confession even if the penitent seeks their disclosure; moreover, matters heard by anyone and in any way on the occasion of confession cannot be accepted even as an indication of the truth. Code of Canon Law Can 75 1551 1 The party who has introduced a witness can renounce the examination of that witness; the opposing party, however, can request that the witness be examined nevertheless. Code of Canon Law Can 75 1552 1 When proof through witnesses is requested, their names and domicile are to be communicated to the tribunal. Code of Canon Law Can 75 1552 2 The items of discussion about which questioning of the witnesses is sought are to be presented within the time period set by the judge; otherwise, the request is to be considered as abandoned. @@ -41247,7 +41247,7 @@ Code of Canon Law Can 75 1569 1 At the end of the examination, what the notary h Code of Canon Law Can 75 1569 2 Finally, the witness, the judge, and the notary must sign the acts. Code of Canon Law Can 75 1570 1 Although already examined, witnesses can be recalled for examination before the acts or testimonies are published, either at the request of a party or ex officio, if the judge decides it is necessary or useful, provided that there is no danger of collusion or corruption. Code of Canon Law Can 75 1571 1 Both the expenses which the witnesses incurred and the income which they lost by giving testimony must be reimbursed to them according to the just assessment of the judge. -Code of Canon Law Can 75 1572 1 In evaluating testimony, the judge, after having requested testimonial letters if necessary, is to consider the following: 1/ what the condition or reputation of the person is; 2/ whether the testimony derives from personal knowledge, especially from what has been seen or heard personally, or whether from opinion, rumor, or hearsay; 3/ whether the witness is reliable and firmly consistent or inconsistent, uncertain, or vacillating; 4/ whether the witness has co-witnesses to the testimony or is supported or not by other elements of proof. +Code of Canon Law Can 75 1572 1 In evaluating testimony, the judge, after having requested testimonial letters if necessary, is to consider the following: 1) what the condition or reputation of the person is; 2) whether the testimony derives from personal knowledge, especially from what has been seen or heard personally, or whether from opinion, rumor, or hearsay; 3) whether the witness is reliable and firmly consistent or inconsistent, uncertain, or vacillating; 4) whether the witness has co-witnesses to the testimony or is supported or not by other elements of proof. Code of Canon Law Can 75 1573 1 The testimony of one witness cannot produce full proof unless it concerns a qualified witness making a deposition concerning matters done ex officio, or unless the circumstances of things and persons suggest otherwise. Code of Canon Law Can 75 1574 1 The assistance of experts must be used whenever the prescript of a law or of the judge requires their examination and opinion based on the precepts of art or science in order to establish some fact or to discern the true nature of some matter. Code of Canon Law Can 75 1575 1 After having heard the parties and their suggestions, it is for the judge to appoint the experts or, if the case warrants, to accept reports already drawn up by other experts. @@ -41279,7 +41279,7 @@ Code of Canon Law Can 75 1592 1 If the cited respondent has neither appeared nor Code of Canon Law Can 75 1592 2 Before issuing the decree mentioned in sec. 1, the judge must be certain that a legitimately executed citation has reached the respondent within the useful time, even by issuing a new citation if necessary. Code of Canon Law Can 75 1593 1 If the respondent appears at the trial later or responds before a decision in the case, the respondent can offer conclusions and proofs, without prejudice to the prescript of can. 1600; the judge, however, is to take care that the trial is not prolonged intentionally through longer and unnecessary delays. Code of Canon Law Can 75 1593 2 Even if the respondent did not appear or respond before a decision in the case, the respondent can use challenges against the sentence; if the respondent proves that there was a legitimate impediment for being detained and there was no personal fault in its not being made known beforehand, the respondent can use a complaint of nullity. -Code of Canon Law Can 75 1594 1 If the petitioner has not appeared on the day and at the hour prescribed for the joinder of the issue and has not offered a suitable excuse: 1/ the judge is to cite the petitioner again; 2/ if the petitioner does not comply with the new citation, the petitioner is presumed to have renounced the trial according to the norm of cann. 1524-1525; 3/ if the petitioner later wishes to intervene in the process, can. 1593 is to be observed. +Code of Canon Law Can 75 1594 1 If the petitioner has not appeared on the day and at the hour prescribed for the joinder of the issue and has not offered a suitable excuse: 1) the judge is to cite the petitioner again; 2) if the petitioner does not comply with the new citation, the petitioner is presumed to have renounced the trial according to the norm of cann. 1524-1525; 3) if the petitioner later wishes to intervene in the process, can. 1593 is to be observed. Code of Canon Law Can 75 1595 1 A petitioner or respondent who is absent from the trial and has not given proof of a just impediment is obliged both to pay the expenses of the litigation which have accrued because of the absence and to indemnify the other party if necessary. Code of Canon Law Can 75 1595 2 If both the petitioner and the respondent were absent from the trial, they are obliged in solidum to pay the expenses of the litigation. Code of Canon Law Can 75 1596 1 A person who has an interest can be admitted to intervene in a case at any instance of the litigation, either as a party defending a right or in an accessory manner to help a litigant. @@ -41291,7 +41291,7 @@ Code of Canon Law Can 75 1598 2 To complete the proofs, the parties can propose Code of Canon Law Can 75 1599 1 When everything pertaining to the production of proofs has been completed, the conclusion of the case is reached. Code of Canon Law Can 75 1599 2 This conclusion occurs whenever the parties declare that they have nothing else to add, the useful time prescribed by the judge to propose proofs has elapsed, or the judge declares that the case is instructed sufficiently. Code of Canon Law Can 75 1599 3 The judge is to issue a decree that the case has reached its conclusion, in whatever manner it has occurred. -Code of Canon Law Can 75 1600 1 After the conclusion of the case, the judge can still summon the same or other witnesses or arrange for other proofs which were not requested earlier, only: 1/ in cases which concern the private good of the parties alone, if all the parties consent; 2/ in other cases, after the parties have been heard and provided that there is a grave reason and any danger of fraud or subornation is eliminated; 3/ in all cases whenever it is likely that the sentence will be unjust because of the reasons mentioned in can. 1645, sec. 2, nn. 1-3 unless the new proof is allowed. +Code of Canon Law Can 75 1600 1 After the conclusion of the case, the judge can still summon the same or other witnesses or arrange for other proofs which were not requested earlier, only: 1) in cases which concern the private good of the parties alone, if all the parties consent; 2) in other cases, after the parties have been heard and provided that there is a grave reason and any danger of fraud or subornation is eliminated; 3) in all cases whenever it is likely that the sentence will be unjust because of the reasons mentioned in can. 1645, sec. 2, nn. 1-3 unless the new proof is allowed. Code of Canon Law Can 75 1600 2 The judge, moreover, can order or allow a document to be shown, which may have been unable to be shown earlier through no negligence of the interested person. Code of Canon Law Can 75 1600 3 New proofs are to be published according to can. 1598, sec. 1. Code of Canon Law Can 75 1601 1 After the conclusion of the case, the judge is to determine a suitable period of time to present defense briefs or observations. @@ -41318,7 +41318,7 @@ Code of Canon Law Can 75 1609 5 If the judges are unwilling or unable to arrive Code of Canon Law Can 75 1610 1 If there is only one judge, he will write the sentence himself. Code of Canon Law Can 75 1610 2 In a collegiate tribunal, it is for the ponens or relator to write the sentence, selecting the reasons from those the individual judges brought forth during the discussion, unless a majority of the judges have already determined the reasons to be presented. The sentence must then be submitted for the approval of the individual judges. Code of Canon Law Can 75 1610 3 The sentence must be issued no more than a month from the day on which the case was decided unless in a collegiate tribunal the judges set a longer period for a grave reason. -Code of Canon Law Can 75 1611 1 The sentence must: 1/ decide the controversy deliberated before the tribunal with an appropriate response given to the individual doubts; 2/ determine what obligations have arisen for the parties from the trial and how they must be fulfilled; 3/ set forth the reasons or motives in law and in fact on which the dispositive part of the sentence is based; 4/ determine the expenses of the litigation. +Code of Canon Law Can 75 1611 1 The sentence must: 1) decide the controversy deliberated before the tribunal with an appropriate response given to the individual doubts; 2) determine what obligations have arisen for the parties from the trial and how they must be fulfilled; 3) set forth the reasons or motives in law and in fact on which the dispositive part of the sentence is based; 4) determine the expenses of the litigation. Code of Canon Law Can 75 1612 1 After the invocation of the Divine Name, the sentence must express in order the judge or the tribunal, the petitioner, the respondent, and the procurator, with their names and domiciles correctly designated, and the promoter of justice and defender of the bond if they took part in the trial. Code of Canon Law Can 75 1612 2 Next, it must briefly relate the facts together with the conclusions of the parties and the formula of the doubts. Code of Canon Law Can 75 1612 3 The dispositive part of the sentence follows the above, preceded by the reasons on which it is based. @@ -41331,9 +41331,9 @@ Code of Canon Law Can 75 1616 2 If any party objects, the incidental question is Code of Canon Law Can 75 1617 1 Other pronouncements of the judge besides the sentence are decrees, which have no force if they are not merely procedural unless they express the reasons at least in a summary fashion or refer to reasons expressed in another act. Code of Canon Law Can 75 1618 1 An interlocutory sentence or a decree has the force of a definitive sentence if it prevents a trial or puts an end to a trial or some grade of a trial with respect to at least some party in the case. Code of Canon Law Can 75 1619 1 Without prejudice to cann. 1622 and 1623, whenever a case involves the good of private persons, the sentence itself sanates the nullities of acts established by positive law which were not declared to the judge before the sentence even though they were known to the party proposing the complaint. -Code of Canon Law Can 75 1620 1 A sentence suffers from the defect of irremediable nullity if: 1/ it was rendered by an absolutely incompetent judge; 2/ it was rendered by a person who lacks the power of judging in the tribunal in which the case was decided; 3/ a judge rendered a sentence coerced by force or grave fear; 4/ the trial took place without the judicial petition mentioned in can. 1501 or was not instituted against some respondent; 5/ it was rendered between parties, at least one of whom did not have standing in the trial; 6/ someone acted in the name of another without a legitimate mandate; 7/ the right of defense was denied to one or the other party; 8/ it did not decide the controversy even partially. +Code of Canon Law Can 75 1620 1 A sentence suffers from the defect of irremediable nullity if: 1) it was rendered by an absolutely incompetent judge; 2) it was rendered by a person who lacks the power of judging in the tribunal in which the case was decided; 3) a judge rendered a sentence coerced by force or grave fear; 4) the trial took place without the judicial petition mentioned in can. 1501 or was not instituted against some respondent; 5) it was rendered between parties, at least one of whom did not have standing in the trial; 6) someone acted in the name of another without a legitimate mandate; 7) the right of defense was denied to one or the other party; 8) it did not decide the controversy even partially. Code of Canon Law Can 75 1621 1 The complaint of nullity mentioned in can. 1620 can be proposed by way of exception in perpetuity and also by way of action before the judge who rendered the sentence within ten years from the date of the publication of the sentence. -Code of Canon Law Can 75 1622 1 A sentence suffers from the defect of remediable nullity only if: 1/ it was rendered by an illegitimate number of judges contrary to the prescript of can. 1425, sec. 1; 2/ it does not contain the motives or reasons for the decision; 3/ it lacks the signatures prescribed by law; 4/ it does not indicate the year, month, day, and place in which it was rendered; 5/ it is based on a null judicial act whose nullity was not sanated according to the norm of can. 1619; 6/ it was rendered against a party legitimately absent according to can. 1593, sec. 2. +Code of Canon Law Can 75 1622 1 A sentence suffers from the defect of remediable nullity only if: 1) it was rendered by an illegitimate number of judges contrary to the prescript of can. 1425, sec. 1; 2) it does not contain the motives or reasons for the decision; 3) it lacks the signatures prescribed by law; 4) it does not indicate the year, month, day, and place in which it was rendered; 5) it is based on a null judicial act whose nullity was not sanated according to the norm of can. 1619; 6) it was rendered against a party legitimately absent according to can. 1593, sec. 2. Code of Canon Law Can 75 1623 1 A complaint of nullity in the cases mentioned in can. 1622 can be proposed within three months from the notice of the publication of the sentence. Code of Canon Law Can 75 1624 1 The judge who rendered the sentence deals with the complaint of nullity. If the party fears that the judge who rendered the sentence challenged by the complaint of nullity is prejudiced and therefore considers the judge suspect, the party can demand that another judge be substituted according to the norm of can. 1450. Code of Canon Law Can 75 1625 1 A complaint of nullity can be proposed together with an appeal within the time established for an appeal. @@ -41341,7 +41341,7 @@ Code of Canon Law Can 75 1626 1 Not only the parties who consider themselves agg Code of Canon Law Can 75 1626 2 The judge can retract or emend ex officio a null sentence, which that judge has rendered, within the time limit for acting established by can. 1623 unless an appeal together with a complaint of nullity has been introduced in the meantime or the nullity has been sanated through the expiration of the time limit mentioned in can. 1623. Code of Canon Law Can 75 1627 1 Cases concerning a complaint of nullity can be treated according to the norms for the oral contentious process. Code of Canon Law Can 75 1628 1 A party who considers himself or herself aggrieved by any sentence as well as the promoter of justice and the defender of the bond in cases which require their presence have the right to appeal the sentence to a higher judge, without prejudice to the prescript of can. 1629. -Code of Canon Law Can 75 1629 1 There is no appeal: 1/ from a sentence of the Supreme Pontiff himself or the Apostolic Signatura; 2/ from a sentence tainted by a defect of nullity, unless the appeal is joined with a complaint of nullity according to the norm of can. 1625; 3/ from a sentence which has become a res iudicata; 4/ from a decree of a judge or from an interlocutory sentence which does not have the force of a definitive sentence, unless it is joined with an appeal from a definitive sentence; 5/ from a sentence or a decree in a case where the law requires the matter to be decided as promptly as possible (expeditissime). +Code of Canon Law Can 75 1629 1 There is no appeal: 1) from a sentence of the Supreme Pontiff himself or the Apostolic Signatura; 2) from a sentence tainted by a defect of nullity, unless the appeal is joined with a complaint of nullity according to the norm of can. 1625; 3) from a sentence which has become a res iudicata; 4) from a decree of a judge or from an interlocutory sentence which does not have the force of a definitive sentence, unless it is joined with an appeal from a definitive sentence; 5) from a sentence or a decree in a case where the law requires the matter to be decided as promptly as possible (expeditissime). Code of Canon Law Can 75 1630 1 An appeal must be introduced before the judge who rendered the sentence within the peremptory period of fifteen useful days from the notice of the publication of the sentence. Code of Canon Law Can 75 1630 2 If an appeal is made orally, the notary is to put it in writing in the presence of the appellant. Code of Canon Law Can 75 1631 1 If a question arises about the right to appeal, the appellate tribunal deals with it as promptly as possible (expeditissime) according to the norms of the oral contentious process. @@ -41362,21 +41362,21 @@ Code of Canon Law Can 75 1638 1 An appeal suspends the execution of the sentence Code of Canon Law Can 75 1639 1 Without prejudice to the prescript of can. 1683, a new cause for petitioning cannot be admitted at the appellate grade, not even by way of useful accumulation; consequently, the joinder of the issue can only address whether the prior sentence is to be con-firmed or revised either totally or partially. Code of Canon Law Can 75 1639 2 New proofs, however, are admitted only according to the norm of can. 1600. Code of Canon Law Can 75 1640 1 The appellate grade must proceed in the same manner as first instance with appropriate adjustments; immediately after the issue has been joined according to the norm of can. 1513, sec. 1 and can. 1639, sec. 1 and unless the proofs possibly must be completed, the discussion of the case is to take place and the sentence rendered. -Code of Canon Law Can 75 1641 1 Without prejudice to the prescript of can. 1643, a res iudicata occurs: 1/ if a second concordant sentence is rendered between the same parties over the same issue and on the same cause for petitioning; 2/ if an appeal against the sentence has not been introduced within the useful time; 3/ if at the appellate grade, the trial has been abated or renounced; 4/ if a definitive sentence has been rendered from which there is no appeal according to the norm of can. 1629. +Code of Canon Law Can 75 1641 1 Without prejudice to the prescript of can. 1643, a res iudicata occurs: 1) if a second concordant sentence is rendered between the same parties over the same issue and on the same cause for petitioning; 2) if an appeal against the sentence has not been introduced within the useful time; 3) if at the appellate grade, the trial has been abated or renounced; 4) if a definitive sentence has been rendered from which there is no appeal according to the norm of can. 1629. Code of Canon Law Can 75 1642 1 A res iudicata possesses the stability of law and cannot be challenged directly except according to the norm of can. 1645, sec. 1. Code of Canon Law Can 75 1642 2 It establishes the rights between the parties and permits an action for execution and an exception of res iudicata which the judge can also declare ex officio in order to prevent a new introduction of the same case. Code of Canon Law Can 75 1643 1 Cases concerning the status of persons, including cases concerning the separation of spouses, never become res iudicata. Code of Canon Law Can 75 1644 1 If a second concordant sentence has been rendered in a case concerning the status of persons, recourse can be made at any time to the appellate tribunal if new and grave proofs or arguments are brought forward within the peremptory time limit of thirty days from the proposed challenge. Within a month from when the new proofs and arguments are brought forward, however, the appellate tribunal must establish by decree whether a new presentation of the case must be admitted or not. Code of Canon Law Can 75 1644 2 Recourse to a higher tribunal in order to obtain a new presentation of the case does not suspend the execution of the sentence unless either the law provides otherwise or the appellate tribunal orders its suspension according to the norm of can. 1650, sec. 3. Code of Canon Law Can 75 1645 1 Restitutio in integrum is granted against a sentence which has become res iudicata provided that its injustice is clearly established. -Code of Canon Law Can 75 1645 2 Injustice, however, is not considered to be established clearly unless: 1/ the sentence is based on proofs which afterwards are discovered to be false in such a way that without those proofs the dispositive part of the sentence is not sustained; 2/ documents have been revealed afterwards which undoubtedly prove new facts and demand a contrary decision; 3/ the sentence was rendered due to the malice of one party resulting in harm to the other party; 4/ a prescript of the law which is not merely procedural was clearly neglected; 5/ the sentence is contrary to a previous decision which has become res iudicata. +Code of Canon Law Can 75 1645 2 Injustice, however, is not considered to be established clearly unless: 1) the sentence is based on proofs which afterwards are discovered to be false in such a way that without those proofs the dispositive part of the sentence is not sustained; 2) documents have been revealed afterwards which undoubtedly prove new facts and demand a contrary decision; 3) the sentence was rendered due to the malice of one party resulting in harm to the other party; 4) a prescript of the law which is not merely procedural was clearly neglected; 5) the sentence is contrary to a previous decision which has become res iudicata. Code of Canon Law Can 75 1646 1 Restitutio in integrum for the reasons mentioned in can. 1645, sec. 2, nn. 1-3 must be sought from the judge who rendered the sentence within three months computed from the day the person became aware of these same reasons. Code of Canon Law Can 75 1646 2 Restitutio in integrum for the reasons mentioned in can. 1645 sec. 2, nn. 4 and 5 must be sought from the appellate tribunal within three months from the notice of the publication of the sentence; if in the case mentioned in can. 1645, sec. 2, n. 5 notice of the previous decision occurs later, however, the time limit runs from this notice. Code of Canon Law Can 75 1646 3 The time limits mentioned above do not run as long as the injured person is a minor. Code of Canon Law Can 75 1647 1 The petition for restitutio in integrum suspends the execution of a sentence if execution has not yet begun. Code of Canon Law Can 75 1647 2 If from probable indications there is a suspicion that a petition has been made in order to delay the execution, however, the judge can decree execution of the sentence, though with suitable guarantees to the one seeking the restitutio that there will be indemnity if the restitutio in integrum is granted. Code of Canon Law Can 75 1648 1 If restitutio in integrum is granted, the judge must pronounce on the merits of the case. -Code of Canon Law Can 75 1649 1 The bishop who directs the tribunal is to establish norms concerning: 1/ the requirement of the parties to pay or compensate judicial expenses; 2/ the fees for the procurators, advocates, experts, and interpreters and the indemnity for the witnesses; 3/ the grant of gratuitous legal assistance or reduction of the expenses; 4/ the recovery of damages owed by a person who not only lost the trial but also entered into the litigation rashly; 5/ the deposit of money or the provision furnished for the payment of expenses and recovery of damages. +Code of Canon Law Can 75 1649 1 The bishop who directs the tribunal is to establish norms concerning: 1) the requirement of the parties to pay or compensate judicial expenses; 2) the fees for the procurators, advocates, experts, and interpreters and the indemnity for the witnesses; 3) the grant of gratuitous legal assistance or reduction of the expenses; 4) the recovery of damages owed by a person who not only lost the trial but also entered into the litigation rashly; 5) the deposit of money or the provision furnished for the payment of expenses and recovery of damages. Code of Canon Law Can 75 1649 2 There is no separate appeal from the determination of expenses, fees, and recovery of damages, but the party can make recourse within fifteen days to the same judge who can adjust the assessment. Code of Canon Law Can 75 1650 1 A sentence that has become a res iudicata can be executed, without prejudice to the prescript of can. Code of Canon Law Can 75 1650 2 The judge who rendered the sentence and, if an appeal has been proposed, also the appellate judge can order ex officio or at the request of a party a provisional execution of a sentence which has not yet become res iudicata, after having set suitable guarantees, if the case warrants, for provisions or payments ordered for necessary support; they can also do so if some other just cause urges it. @@ -41393,7 +41393,7 @@ Code of Canon Law Can 75 1655 2 In personal actions, when the guilty party is co Code of Canon Law Can 75 1656 1 All cases not excluded by law can be treated in the oral contentious process mentioned in this section unless a party requests the ordinary contentious process. Code of Canon Law Can 75 1656 2 If the oral process is used outside of the cases permitted in law, the judicial acts are null. Code of Canon Law Can 75 1657 1 The oral contentious process takes place in the first grade before a single judge according to the norm of can. 1424. -Code of Canon Law Can 75 1658 1 In addition to the things enumerated in can. 1504, the libellus which introduces the litigation must: 1/ set forth briefly, completely, and clearly the facts on which the requests of the petitioner are based; 2/ indicate the proofs by which the petitioner intends to demonstrate the facts but which cannot be presented at once, in such a way that the judge can collect them immediately. +Code of Canon Law Can 75 1658 1 In addition to the things enumerated in can. 1504, the libellus which introduces the litigation must: 1) set forth briefly, completely, and clearly the facts on which the requests of the petitioner are based; 2) indicate the proofs by which the petitioner intends to demonstrate the facts but which cannot be presented at once, in such a way that the judge can collect them immediately. Code of Canon Law Can 75 1658 2 The documents on which the petition is based must be attached to the libellus, at least in an authentic copy. Code of Canon Law Can 75 1659 1 If the attempt at reconciliation according to the norm of can. 1446, sec. 2 proved useless and the judge thinks that the libellus has some foundation, the judge is to order within three days by a decree appended to the bottom of the libellus that a copy of the petition be communicated to the respondent, giving to the latter the opportunity to send a written response to the tribunal chancery within fifteen days. Code of Canon Law Can 75 1659 2 This notification has the effect of the judicial citation mentioned in can. 1512. @@ -41414,14 +41414,14 @@ Code of Canon Law Can 75 1669 1 If the appellate tribunal discovers that the ora Code of Canon Law Can 75 1670 1 In other matters pertaining to the manner of proceeding, the prescripts of the canons for the ordinary contentious trial are to be observed. In order to expedite matters without prejudice to justice, however, the tribunal, by a decree expressing the reasons for its decision, can derogate from procedural norms which have not been established for validity. Code of Canon Law Can 75 1671 1 Marriage cases of the baptized belong to the ecclesiastical judge by proper right. Code of Canon Law Can 75 1671 2 Cases regarding merely the civil effects of marriage belong to a civil magistrate, unless the particular law establishes that such cases, if carried out in an incidental or accessory manner, can be recognized by and determined by an ecclesiastical judge. -Code of Canon Law Can 75 1672 1 In cases regarding the nullity of marriage not reserved to the Apostolic See, the competencies are: 1/ the tribunal of the place in which the marriage was celebrated; 2/ the tribunal of the place in which either or both parties have a domicile or a quasi-domicile; 3/ the tribunal of the place in which in fact most of the proofs must be collected. +Code of Canon Law Can 75 1672 1 In cases regarding the nullity of marriage not reserved to the Apostolic See, the competencies are: 1) the tribunal of the place in which the marriage was celebrated; 2) the tribunal of the place in which either or both parties have a domicile or a quasi-domicile; 3) the tribunal of the place in which in fact most of the proofs must be collected. Code of Canon Law Can 75 1673 1 In each diocese, the judge in first instance for cases of nullity or marriage for which the law does not expressly make an exception is the diocesan bishop, who can exercise judicial power personally or through others, according to the norm of law. Code of Canon Law Can 75 1673 2 The bishop is to establish a diocesan tribunal for his diocese to handle cases of nullity of marriage without prejudice to the faculty of the same bishop to approach another nearby diocesan or interdiocesan tribunal. Code of Canon Law Can 75 1673 3 Cases of nullity of marriage are reserved to a college of three judges. A judge who is a cleric must preside over the college, but the other judges may be laypersons. Code of Canon Law Can 75 1673 4 The bishop moderator, if a collegial tribunal cannot be constituted in the diocese or in a nearby tribunal chosen according to the norm of sec. 2, is to entrust cases to a sole clerical judge who, where possible, is to employ two assessors of upright life, experts in juridical or human sciences, approved by the bishop for this task; unless it is otherwise evident, the same single judge has competency for those things attributed to the college, the praeses, or the ponens. Code of Canon Law Can 75 1673 5 The tribunal of second instance must always be collegiate for validity, according to the prescript of the preceding sec. 3. Code of Canon Law Can 75 1673 6 The tribunal of first instance appeals to the metropolitan tribunal of second instance without prejudice to the prescripts of cann. 1438-1439 and 1444. -Code of Canon Law Can 75 1674 1 The following are qualified to challenge a marriage: 1/ the spouses; 2/ the promoter of justice when nullity has already become public, if the convalidation of the marriage is not possible or expedient. +Code of Canon Law Can 75 1674 1 The following are qualified to challenge a marriage: 1) the spouses; 2) the promoter of justice when nullity has already become public, if the convalidation of the marriage is not possible or expedient. Code of Canon Law Can 75 1674 2 A marriage which was not accused while both spouses were living cannot be accused after the death of either one or both of the spouses unless the question of validity is prejudicial to the resolution of another controversy either in the canonical forum or in the civil forum. Code of Canon Law Can 75 1674 3 If a spouse dies while the case is pending, however, can. 1518 is to be observed. Code of Canon Law Can 75 1675 1 The judge, before he accepts a case, must be informed that the marriage has irreparably failed, such that conjugal living cannot be restored. @@ -41430,7 +41430,7 @@ Code of Canon Law Can 75 1676 2 After the above-mentioned deadline has passed, a Code of Canon Law Can 75 1676 3 If the case is to be handled through the ordinary process, the judicial vicar, by the same decree, is to arrange the constitution of a college of judges or of a single judge with two assessors according to can. 1673, sec. 4. Code of Canon Law Can 75 1676 4 However, if the briefer process is decided upon, the judicial vicar proceeds according to the norm of can. 1685. Code of Canon Law Can 75 1676 5 The formula of doubt must determine by which ground or grounds the validity of the marriage is challenged. -Code of Canon Law Can 75 1677 1 The defender of the bond, the legal representatives of the parties, as well as the promoter of justice, if involved in the trial, have the following rights: 1/ to be present at the examination of the parties, the witnesses, and the experts, without prejudice to the prescript of can. 1559; 2/ to inspect the judicial acts, even those not yet published, and to review the documents presented by the parties. +Code of Canon Law Can 75 1677 1 The defender of the bond, the legal representatives of the parties, as well as the promoter of justice, if involved in the trial, have the following rights: 1) to be present at the examination of the parties, the witnesses, and the experts, without prejudice to the prescript of can. 1559; 2) to inspect the judicial acts, even those not yet published, and to review the documents presented by the parties. Code of Canon Law Can 75 1677 2 The parties cannot be present at the examination mentioned in sec. 1, n. 1. Code of Canon Law Can 75 1678 1 In cases of the nullity of marriage, a judicial confession and the declarations of the parties, possibly supported by witnesses to the credibility of the parties, can have the force of full proof, to be evaluated by the judge after he has considered all the indications and supporting factors, unless other elements are present which weaken them. Code of Canon Law Can 75 1678 2 In the same cases, the testimony of one witness can produce full proof if it concerns a qualified witness making a deposition concerning matters done ex officio, or unless the circumstances of things and persons suggest it. @@ -41444,8 +41444,8 @@ Code of Canon Law Can 75 1680 4 If a new ground of nullity of the marriage is al Code of Canon Law Can 75 1681 1 If a sentence has become effective, one can go at any time to a tribunal of the third level for a new proposition of the case according to the norm of can. 1644, provided new and grave proofs or arguments are brought forward within the peremptory time limit of thirty days from the proposed challenge. Code of Canon Law Can 75 1682 1 After the sentence declaring the nullity of the marriage has become effective, the parties whose marriage has been declared null can contract a new marriage unless a prohibition attached to the sentence itself or established by the local ordinary forbids this. Code of Canon Law Can 75 1682 2 As soon as the sentence becomes effective, the judicial vicar must notify the local ordinary of the place in which the marriage took place. The local ordinary must take care that the declaration of the nullity of the marriage and any possible prohibitions are noted as soon as possible in the marriage and baptismal registers. -Code of Canon Law Can 75 1683 1 The diocesan bishop himself is competent to judge cases of the nullity of marriage with the briefer process whenever: 1/ the petition is proposed by both spouses or by one of them, with the consent of the other; 2/ circumstance of things and persons recur, with substantiating testimonies and records, which do not demand a more accurate inquiry or investigation, and which render the nullity manifest. -Code of Canon Law Can 75 1684 1 The libellus introducing the briefer process, in addition to those things enumerated in can. 1504, must: 1/ set forth briefly, fully, and clearly the facts on which the petition is based; 2/ indicate the proofs, which can be immediately collected by the judge; 3/ exhibit the documents, in an attachment, upon which the petition is based. +Code of Canon Law Can 75 1683 1 The diocesan bishop himself is competent to judge cases of the nullity of marriage with the briefer process whenever: 1) the petition is proposed by both spouses or by one of them, with the consent of the other; 2) circumstance of things and persons recur, with substantiating testimonies and records, which do not demand a more accurate inquiry or investigation, and which render the nullity manifest. +Code of Canon Law Can 75 1684 1 The libellus introducing the briefer process, in addition to those things enumerated in can. 1504, must: 1) set forth briefly, fully, and clearly the facts on which the petition is based; 2) indicate the proofs, which can be immediately collected by the judge; 3) exhibit the documents, in an attachment, upon which the petition is based. Code of Canon Law Can 75 1685 1 The judicial vicar, by the same decree which determines the formula of the doubt, having named an instructor and an assessor, cites all who must take part to a session, which in turn must be held within thirty days according to can. 1686. Code of Canon Law Can 75 1686 1 The instructor, insofar as possible, collects the proofs in a single session and establishes a time limit of fifteen days to present the observations in favor of the bond and the defense briefs of the parties, if there are any. Code of Canon Law Can 75 1687 1 After he has received the acts, the diocesan bishop, having consulted with the instructor and the assessor, and having considered the observations of the defender of the bond and, if there are any, the defense briefs of the parties, is to issue the sentence if moral certitude about the nullity of marriage is reached. Otherwise, he refers the case to the ordinary method. @@ -41504,12 +41504,12 @@ Code of Canon Law Can 75 1716 2 If civil law permits the challenge of an arbitra Code of Canon Law Can 75 1717 1 Whenever an ordinary has knowledge, which at least seems true, of a delict, he is carefully to inquire personally or through another suitable person about the facts, circumstances, and imputability, unless such an inquiry seems entirely superfluous. Code of Canon Law Can 75 1717 2 Care must be taken so that the good name of anyone is not endangered from this investigation. Code of Canon Law Can 75 1717 3 The person who conducts the investigation has the same powers and obligations as an auditor in the process; the same person cannot act as a judge in the matter if a judicial process is initiated later. -Code of Canon Law Can 75 1718 1 When it seems that sufficient evidence has been collected, the ordinary is to decide: 1/ whether a process to inflict or declare a penalty can be initiated; 2/ whether, attentive to can. 1341, this is expedient; 3/ whether a judicial process must be used or, unless the law forbids it, whether the matter must proceed by way of extrajudicial decree. +Code of Canon Law Can 75 1718 1 When it seems that sufficient evidence has been collected, the ordinary is to decide: 1) whether a process to inflict or declare a penalty can be initiated; 2) whether, attentive to can. 1341, this is expedient; 3) whether a judicial process must be used or, unless the law forbids it, whether the matter must proceed by way of extrajudicial decree. Code of Canon Law Can 75 1718 2 The ordinary is to revoke or change the decree mentioned in sec. 1 whenever new evidence indicates to him that another decision is necessary. Code of Canon Law Can 75 1718 3 In issuing the decrees mentioned in secs. 1 and 2, the ordinary is to hear two judges or other experts of the law if he considers it prudent. Code of Canon Law Can 75 1718 4 Before he makes a decision according to the norm of sec. 1 and in order to avoid useless trials, the ordinary is to examine carefully whether it is expedient for him or the investigator, with the consent of the parties, to resolve equitably the question of damages. Code of Canon Law Can 75 1719 1 The acts of the investigation, the decrees of the ordinary which initiated and concluded the investigation, and everything which preceded the investigation are to be kept in the secret archive of the curia if they are not necessary for the penal process. -Code of Canon Law Can 75 1720 1 If the ordinary thinks that the matter must proceed by way of extrajudicial decree: 1/ he is to inform the accused of the accusation and the proofs, giving an opportunity for self-defense, unless the accused neglected to appear after being properly summoned; 2/ he is to weigh carefully all the proofs and arguments with two assessors; 3/ if the delict is certainly established and a criminal action is not extinguished, he is to issue a decree according to the norm of cann. 1342-1350, setting forth the reasons in law and in fact at least briefly. +Code of Canon Law Can 75 1720 1 If the ordinary thinks that the matter must proceed by way of extrajudicial decree: 1) he is to inform the accused of the accusation and the proofs, giving an opportunity for self-defense, unless the accused neglected to appear after being properly summoned; 2) he is to weigh carefully all the proofs and arguments with two assessors; 3) if the delict is certainly established and a criminal action is not extinguished, he is to issue a decree according to the norm of cann. 1342-1350, setting forth the reasons in law and in fact at least briefly. Code of Canon Law Can 75 1721 1 If the ordinary has decreed that a judicial penal process must be initiated, he is to hand over the acts of the investigation to the promoter of justice who is to present a libellus of accusation to the judge according to the norm of cann. 1502 and 1504. Code of Canon Law Can 75 1721 2 The promoter of justice appointed to the higher tribunal acts as the petitioner before that tribunal. Code of Canon Law Can 75 1722 1 To prevent scandals, to protect the freedom of witnesses, and to guard the course of justice, the ordinary, after having heard the promoter of justice and cited the accused, at any stage of the process can exclude the accused from the sacred ministry or from some office and ecclesiastical function, can impose or forbid residence in some place or territory, or even can prohibit public participation in the Most Holy Eucharist. Once the cause ceases, all these measures must be revoked; they also end by the law itself when the penal process ceases. @@ -41535,7 +41535,7 @@ Code of Canon Law Can 75 1733 2 The conference of bishops can determine that eac Code of Canon Law Can 75 1733 3 The office or council mentioned in sec. 2 is especially to be of assistance when the revocation of a decree has been requested according to the norm of can. 1734 and the time limits for making recourse have not elapsed. If recourse has been proposed against a decree, however, the superior who deals with the recourse is to urge the person making recourse and the author of the decree to seek a solution of this kind whenever he sees hope of a favorable outcome. Code of Canon Law Can 75 1734 1 Before proposing recourse a person must seek the revocation or emendation of the decree in writing from its author. When this petition is proposed, by that very fact suspension of the execution of the decree is also understood to be requested. Code of Canon Law Can 75 1734 2 The petition must be made within the peremptory period of ten useful days from the legitimate notification of the decree. -Code of Canon Law Can 75 1734 3 The norms of secs. 1 and 2 are not valid: 1/ for recourse proposed to a bishop against decrees issued by authorities subject to him; 2/ for recourse proposed against a decree which decides a hierarchical recourse unless the bishop gave the decision; 3/ for recourse proposed according to the norm of cann. 57 and 1735. +Code of Canon Law Can 75 1734 3 The norms of secs. 1 and 2 are not valid: 1) for recourse proposed to a bishop against decrees issued by authorities subject to him; 2) for recourse proposed against a decree which decides a hierarchical recourse unless the bishop gave the decision; 3) for recourse proposed according to the norm of cann. 57 and 1735. Code of Canon Law Can 75 1735 1 If within thirty days after receiving the petition mentioned in can. 1734 the author of the decree communicates a new decree by which he either emends the earlier one or decides that the petition must be rejected, the time limits for making recourse run from the notification of the new decree. If the author makes no decision within the thirty days, however, the time limits run from the thirtieth day. Code of Canon Law Can 75 1736 1 In those matters in which hierarchical recourse suspends the execution of a decree, the petition mentioned in can. 1734 also has the same effect. Code of Canon Law Can 75 1736 2 In other cases, if the author of the decree has not decreed the suspension of execution within ten days after receiving the petition mentioned in can. 1734, an interim suspension can be sought from his hierarchical superior who can decree a suspension only for grave reasons and always cautiously so that the salvation of souls suffers no harm. @@ -41547,13 +41547,13 @@ Code of Canon Law Can 75 1737 3 Nevertheless, even in cases in which recourse do Code of Canon Law Can 75 1738 1 The person making recourse always has the right to use an advocate or procurator, but useless delays are to be avoided; indeed, a legal representative is to be appointed ex officio if the person making recourse lacks one and the superior thinks it necessary. Nevertheless, the superior always can order the person making recourse to be present in order to be questioned. Code of Canon Law Can 75 1739 1 The superior who deals with the recourse, as the case warrants, is permitted not only to confirm the decree or declare it invalid but also to rescind or revoke it or, if it seems more expedient to the superior, to emend, replace, or modify it. Code of Canon Law Can 75 1740 1 When the ministry of any pastor becomes harmful or at least ineffective for any cause, even through no grave personal negligence, the diocesan bishop can remove him from the parish. -Code of Canon Law Can 75 1741 1 The causes for which a pastor can be removed legitimately from his parish are especially the following: 1/ a manner of acting which brings grave detriment or disturbance to ecclesiastical communion; 2/ ineptitude or a permanent infirmity of mind or body which renders the pastor unable to fulfill his functions usefully; 3/ loss of a good reputation among upright and responsible parishioners or an aversion to the pastor which it appears will not cease in a brief time; 4/ grave neglect or violation of parochial duties which persists after a warning; 5/ poor administration of temporal affairs with grave damage to the Church whenever another remedy to this harm cannot be found. +Code of Canon Law Can 75 1741 1 The causes for which a pastor can be removed legitimately from his parish are especially the following: 1) a manner of acting which brings grave detriment or disturbance to ecclesiastical communion; 2) ineptitude or a permanent infirmity of mind or body which renders the pastor unable to fulfill his functions usefully; 3) loss of a good reputation among upright and responsible parishioners or an aversion to the pastor which it appears will not cease in a brief time; 4) grave neglect or violation of parochial duties which persists after a warning; 5) poor administration of temporal affairs with grave damage to the Church whenever another remedy to this harm cannot be found. Code of Canon Law Can 75 1742 1 If the instruction which was carried out has established the existence of one of the causes mentioned in can. 1740, the bishop is to discuss the matter with two pastors selected from the group established for this purpose in a stable manner by the presbyteral council at the proposal of the bishop. If the bishop then judges that removal must take place, he paternally is to persuade the pastor to resign within fifteen days, after having explained, for validity, the cause and arguments for the removal. Code of Canon Law Can 75 1742 2 The prescript of can. 682, sec. 2 is to be observed for pastors who are members of a religious institute or a society of apostolic life. Code of Canon Law Can 75 1743 1 A pastor can submit a resignation not only purely and simply but also conditionally, provided that the bishop can accept it legitimately and actually does accept it. Code of Canon Law Can 75 1744 1 If the pastor has not responded within the prescribed days, the bishop is to repeat the invitation and extend the useful time to respond. Code of Canon Law Can 75 1744 2 If the bishop establishes that the pastor received the second invitation but did not respond even though not prevented by any impediment, or if the pastor refuses to resign without giving any reasons, the bishop is to issue a decree of removal. -Code of Canon Law Can 75 1745 1 If the pastor opposes the cause given and its reasons and alleges reasons which seem insufficient to the bishop, the bishop, in order to act validly, is: 1/ to invite the pastor to organize his objections in a written report after he has inspected the acts, and offer any proofs he has to the contrary; 2/ when any necessary instruction is completed, to consider the matter together with the same pastors mentioned in can. 1742, sec. 1, unless others must be designated because those pastors are unavailable; 3/ finally, to establish whether the pastor must be removed or not and promptly to issue a decree on the matter. +Code of Canon Law Can 75 1745 1 If the pastor opposes the cause given and its reasons and alleges reasons which seem insufficient to the bishop, the bishop, in order to act validly, is: 1) to invite the pastor to organize his objections in a written report after he has inspected the acts, and offer any proofs he has to the contrary; 2) when any necessary instruction is completed, to consider the matter together with the same pastors mentioned in can. 1742, sec. 1, unless others must be designated because those pastors are unavailable; 3) finally, to establish whether the pastor must be removed or not and promptly to issue a decree on the matter. Code of Canon Law Can 75 1746 1 After the pastor has been removed, the bishop is to make provision either for an assignment to some other office, if he is suitable for this, or for a pension as the case warrants and circumstances permit. Code of Canon Law Can 75 1747 1 The removed pastor must refrain from exercising the function of pastor, vacate the rectory as soon as possible, and hand over everything belonging to the parish to the person to whom the bishop has entrusted the parish. Code of Canon Law Can 75 1747 2 If, however, the man is sick and cannot be transferred elsewhere from the rectory without inconvenience, the bishop is to leave him the use, even exclusive use, of the rectory while this necessity lasts.