TANGANZA UNIVERSITY COLLEGE

The Catholic University of Eastern Africa

THE SCHOOL OF THEOLOGY

DEPARTMENT OF CANON LAW

CHURCH LAW: HIERARCHICAL STRUCTURES

Compiled by
Dr. Andrew E. Lujuo

NAIROBI - 2020

I. BOOK II: THE PEOPLE OF GOD 3

A. Christ’s Faithful 3
1. Membership 3
2. Rights and Duties 3
a) The Bill of Rights and Obligations of the Faithful in general 3
b) Rights and Obligations of the Lay members of the Faithful 4
B. Sacred Ministers 5
1. Formation of Priests 5
2. Enrolment or Incardination 19
3. The obligations and rights of sacred 23
4. The loss of the clerical state 26
C. Personal Prelature 27
D. Association of the Christian faithful 28
1. Common Norms – Nature: 28
a) Description and ends 28
b) Categories 28
2. Organizations 29
a) Members 29
b) Functions 30
3. Public Association of Christ’s Faithful 30
a) Nature 30
b) Moderator and Chaplain 31
4. Private Associations of Christ’s faithful 32
a) Nature 32
b) Functioning 32
5. Special Norms for associations 33
E. The Hierarchical Constitution of the Church 33
1. The Supreme Authority: Pope and College of Bishops 34
a) The Roman Pontiff 34
b) The College of Bishops 35
2. Institutions for the Government of the universal church 37
a) The Synods of Bishops 37
b) College of Cardinals 40
c) Roman Curia 45
d) Legates of the Roman Pontiff 46
3. Particular churches and Their Groupings 48
a) Particular Churches 48
b) Groupings of Particular churches 49

BOOK II: THE PEOPLE OF GOD

The People of are the Church. The baptised and believing people, who are in communion
with Christ and with one another, constitute the church in the world.

I. Christ’s Faithful
A. Membership
The church is made up of human persons (cc 96&205). Persons are incorporated into the church
by the two factors: baptism and communion. Persons who are baptised and in communion with
the Roman Catholic Church are subjects of rights and obligations in this community. All baptised
Christians are incorporated into Christ and belong to the people of God.

Within the Catholic Church the faithful are described canonically as either lay persons, or as
ordained ministers (c. 207). From both groups, the laity and clergy, some persons choose to
profess the evangelical counsels, consecrate themselves to God and foster the mission of the
church in a special way, they are known as religious.

B. Rights and Duties

1. The Bill of Rights and Obligations of the Faithful in general

Since persons in law are those who have rights and obligations, the Code in this book begins
by listing the rights of the faithful in general and in particular categories. The rights can be
summarized as follows:
Fundamental Equality: True equality in their dignity and activity in
cooperating to build up the Body of Christ (c. 208),
1. Evangelisation/Gospel Proclamation: The right to evangelize the
nations (c. 211),
2. Petition: The right to make their needs and desires known to their bishops
(212,
2),
 3. Public Opinion: The right to make their opinions regarding the good of
the Church known to their bishops and to other church members. (212, 3),
4. Spiritual Assistance: The right to receive the word of God and the
sacraments (c. 213),

5. Worship & Spirituality: The right to worship God in their own rite and to
follow their own form of spirituality (214),
6. Association and Assembly: The right to assemble as well as to found and
direct associations for charitable or religious purposes (c. 215),
7. Apostolic Activities: The right to initiate, promote and sustain apostolic
activities (c. 216),
8. Christian Education: The right to a Christian education (217),
9. Freedom in Sacred Sciences: Those engaged in the theological
disciplines have a right to enjoy freedom of inquiry (218)),
10. State of Life: Right to choose their state of life (219).
11. Reputation and Privacy: Right to protect their reputation and privacy (c.
220).
12. Protection of Rights (221. 1,2, &3): Right to vindicate and protect their
rights in a church court (c. 221,1).
13. Right to be judged according to canon law, applied with equity (c. 221, 2)
14. Right not to be punished except in accord with canon law. (c. 221,3)

Rights go with their correlative obligations. Christians have to

1) Obligation of communion&Duties: maintain communion with the church
(209,1)
2) fulfill their canonical duties toward the universal church and their
particular church. (c. 209,2)
3) Holiness of Life: strive to lead holy lives and to promote the growth and
holiness of the Church (c. 210)
4) Proclaiming the Gospel: see that the message of salvation reaches all
humankind (c. 211)
5) Obedience: follow what the bishops declare as teachers of the faithful or
determine as leaders of the church (212, 1)
6) Public Opinion: express their opinions about the good of the church to
their fellow church members (c. 212, 3)
7) Support of the Church: contribute to the needs of the church for worship,
apostolic and charitable works, and the support of its ministers (c. 222, 1)
8) Social Justice and Charity: to promote social justice and to assist the
poor from their own resources (c. 222, 2)

2. Rights and Obligations of the Lay members of the Faithful.

 After its major Bill of Rights, the Code presents a shorter list of rights and
responsibilities specific to lay members of the church (c. 224 – 231). They fall
into two categories:
(a) The rights and duties proper to the lay state, e.g.
1) active share in the apostolate (c. 225),
2) special role in the temporal order, i.e., the market place (c.
225, 2), 3) parental prerogatives (c. 226) and 4) political
responsibilities (c. 227).
(b) Rights and duties related to knowledge of the teaching of the
church, e.g. 5) learning and teaching the theological disciplines (c. 229),
and

6) the ability to serve the church in certain offices, functions and advisory
roles (cc. 228 & 230), to be
7) adequately prepared for such roles, and to be decently remunerated
for performing them (c. 231).

3. Sacred Ministers.

a) Formation of Priests

Church’s Duty and Right to Form Sacred Ministers

The present canon prescribes that the church’s responsibility to form the ministers of the Word and
Sacraments.
It is the duty and the proper and exclusive right of the Church to train those who are deputed to sacred
ministries. (c.232)
This duty, the spirit and its motivation are spelled out in details in Vatican II document on
formation of priests: OT (Optatam totius). This is consistent with the great commission (Mt.
28:18-20). The obligation that flow from this command are complemented by the right of the
apostles and their successors to carry it out.

The Task to Nurture Vocation

Inviting all the faithful to participate in nurturing vocations to priesthood, the Code
provides that,

It is the duty of the whole Christian community to foster vocations so that the needs
of the sacred ministries are sufficiently met in the entire church. In particular this
duty binds Christian families, educators and in a special way , priests, especially,
parish priests. Diocesan bishops who must show the greatest concern to promote
vocations, are to instruct the people entrusted to them on the importance of sacred
ministry and the need for ministers in the church. They are to encourage and
 support initiatives, to promote vocations, especially movements, established for this
purpose. (c. 233, 1)

The emphasis here is that not only the priests or bishops have this responsibility but the entire
church. Paragraph two however lays more emphasis on the role of the priests:
Moreover, priests and especially diocesan Bishops are to be solicitous that
men or more mature years who believe they are called to the sacred
ministries are prudently assisted by work and deed and are duly prepared.
(c. 233, 2)

Establishment of Minor Seminaries

Having pointed out importance of this vocation and the responsibility to nurture it, the
law provides the avenue for initiation formation to priesthood and the subsequent
programme that can be used to form them.

Minor seminaries and other institutions of a similar nature promote vocations by

providing a special religious formation, allied to human and scientific education;
where they exist, and they are to be retained and fostered. In deed where the
diocesan bishop considers its expedient, he is to provide for the establishment of a
minor seminary or similar institutions (234, 1).

An important breakthrough in this is that while recommending the concept of minor seminary
which already existed even prior to Vatican II, the Council and therefore this canon emphasized
the natural and scientific upbringing of minor seminarians considering their age and also that this
being jus omong stages of life pupils will undergo. Vatican II innovation was that these
institutions needed to be renewed so that the life in the minor seminary should be suitably
adapted to the mentality and development of young people; that there should be close and regular
contact between the boys and their families; that courses of studies should be so arranged that
pupils might be able to continue them elsewhere should they leave the minor seminary. The
canon does not make the minor seminary obligatory, its tone is more explanatory than obligatory.

Furthermore, the Code provides more opportunity for the growth of those in the seminary:
Unless the circumstances of certain situations suggest otherwise, young men who
aspire to the priesthood are to receive that same human and scientific formation
which prepares their peers in their region for higher studies.(c. 234, 2).

This can be seen as the application of the broad principle of c. 806, 2 which prescribes that
academic standards in the catholic schools should be at least as high as those in other schools in
the same area. It underlines the need for proper academic and professional standards in the
priesthood.

Major Seminaries

Apart from minor seminaries the present code provides the importance of establishing major
seminaries;
 Young men who intend to become priests are to receive the appropriate religious
formation and instruction in the duties proper to the priesthood in a major
seminary, for the whole of the time of formation or if in the judgment of the
diocesan bishop, circumstances require for at least four years (c. 235, 1).

As noted, this stage requires more commitment and focus on the part of the seminarians for they
will for example be required to reside in the seminary. The obligation is fitting for the precise
purpose of the aspirant’s spiritual formation: the appropriate religious formation and instructions
in the duties proper to priesthood. There is an emphasis that the seminarian must spend not less
than six years in the seminary for philosophy and theology.

Those in the seminary for spiritual formation needs to be accompanied by experienced priests
who looks at the affairs of seminarians.

Those who lawfully reside outside outside he seminary are to be entrusted by the
diocesan bishop to devout and suitable priest who shall ensure that they are
carefully formed in the spiritual life and in the discipline (c. 235, 2).
Circumstances like health conditions may justify such an arrangement but the bishop has an
obligation to see to it that those not residing in the seminary are under the holistic care by devout
and suitable priest so they can receive proper holistic formation.

In all of this canon here is a clear implication that the relevant diocesan Bishop must have his
hand very much on the pulse of the major seminary under his control. He must make himself
personally aware of the spiritual formation which is given there, of the disciplinary regulations
which exist to ensure the appropriate formation of the students, of the curriculum and content of
each and every one of the teaching courses of the relevant sciences, philosophical and
theological. In so far as needs may be, he is obliged to intervene to ensure the necessary
standards.

Permanent Diaconate

Vatican II sanctioned the re-introduction of the permanent diaconate in the Latin Church (LG 29;
AG 16), and Pope Paul VI and promulgated norms for its restoration in the mp. Saraum
Diaconatus Ordinem of 18 June 1967. This institution is not made obligatory for the entre latin
Church. The decision as to whether it be formally reintroduced is left to each local bishops’
conference – to which also is committed the task of prescribing the appropriate programme.
Informed by this background canon 236 summarises the approach of the Church on this
institution:

Those who aspire to the permanent diaconate are to be formed in the spiritual life and
appropriately instructed in the fulfilment of the duties proper to that order, in
accordance with the provisions made by the Episcopal Conference:
1° young men are to reside for at least three years in a special houseunless the diocesan
Bishop for grave reasons decides otherwise,
2° men of more mature years, whether celibate or married, are toprepare for three
years in a manner determined by the same Episcopal Conference.
Within this general ambit, the canon lays down two specific regulations:

- (a) young men i.e. those who are under thirty-five years of age and, it would seem,
unmarried, are to reside for at least three years in a special house’, in which the prescribed
programme will be followed. For grave reasons the docesan Bishop may make other
arrangements.
- (b)Men of more mature years, i.e. thirty five and more, whether married or not, are to
follow such formation programme as may be determined by the Bishops’ Conference, not
necessarily in a specific house or institute (cann. 1031,2; 1037)

Inter-diocesan Seminary

Vatican II clearly states that “major seminaries are necessary for priestly training (OT 4). This
present code provides various possibilities:

Can. 237 §1 Where it is possible and advisable, each diocese is to have a major
seminary; otherwise, students preparing for the sacred ministries are to be sent to the
seminary of another diocese, or an inter-diocesan seminary is to be established.
§2 An inter-diocesan seminary may not be established unless the prior approval
of the Apostolic See has been obtained, both for the establishment of the
seminary and for its statutes. Approval is also required from the Episcopal
Conference if the seminary is for the whole of its territory; otherwise, from the
Bishops concerned.
The norm established here is that ‘where it is possible and advisable’, each diocese should have
its own such seminary. Recognizing that local circumstances may make this difficult or even
impossible, the canon allows two, but only two other possibilities: either that the aspirants be
sent to the seminary of some other dioses or that an inter-diocesan seminary be established. The
2nd paragraph confines itself to the conditions which must be fulfilled if a ne(w inter-diocesan
seminary, be it regional or national is to be established.

A seminary as a Juridical personality

The concept and implications of juridical personality are provided in book one: General norms
(cc. 113-123). The canonical principles regarding juridical personality is that public juridical
persons (and not private) are established either by law or by a decree of competent ecclesiastical
authority (cc. 114-116). Canon 238 is a specification of canons 114-116.

Can. 238 §1 Seminaries which are lawfully established have juridical personality in the
Church by virtue of the law itself.
§2 In the conduct of all its affairs, the rector acts in the person of the seminary,
unless for certain matters the competent authority has prescribed otherwise.
The canon does specify whether juridical personality applies to only public juridical personality
or to both. It clarifies two points: that a seminary is established by the law and that the only legal
representative of the seminary is its Rector.
Seminary Administration

Canon 239 provides the administration of the seminary without referring back to the
1917 Code which required two separate boards of government.

Can. 239 §1 In all seminaries there is to be a rector who presides over it, a vice-rector, if
circumstances warrant this, and a financial administrator. Moreover, if the students
follow their studies in the seminary, there are to be professors who teach the various
subjects in a manner suitably coordinated between them.
Although the rector is the one ultimately responsible for the admiration of the seminary, the other
staff members have their roles to play in assisting him. In addition to the financial administrator or
bursar mentioned in paragraph one the seminary should have its own finance committee, or at least
two counsellors who are to assist in the performance of the administrator’s duties.
In the academic training, as well as the spiritual formation, is carried out within the seminary itself,
the teahing is to be done in a coordinated fashion. This requires that the professors, under the
direction of the rector should together draws up a programme which would harmonize the various
disciplines- a programme which should be submitted to the appropriate diocesan Bishop for his
approval.
§2 In every seminary there is to be at least one spiritual director, though the students
are also free to approach other priests who have been deputed to this work by the
Bishop.
This paragraph treats only the subject of spiritual direction without for example touching the
sacrament of penance (to be covered by other canons). A spiritual director proposed here should
normally be a full-time member of the staff, upon whom falls he responsibility of directing the
spiritual programme of the seminary and of being available to those students who may wish to
consult him. There may be more than one such who whether members of the seminary staff or not
are to specifically deputed by the Bishop to this work. There is no reason however why a seminarian
may not choose one of these directors as his confessor (c. 246, 4), but this is the matte which should
be governed rather by the norm of c. 240, 1. While in the context of spiritual direction, paragraph 2
refers to “priests” other possibilities would not appear to be excluded, such as competent and
experienced women religious, duly deputed by the Bishop.

§3 The seminary statutes are to determine the manner in which the other
moderators, the professors and indeed the students themselves, are to
participate in the rector’s responsibility, especially in regard to the maintenance
of discipline.
The third paragraph clarifies that the rest of the details regarding harmonious running of the
many aspects necessarily involved in the overall formation of priests, under the direction of the
rector should be stipulated in the seminary statutes. Significantly discipline is highlighted, as is
the acquisition of an essential sense of responsibility by the students themselves. Confessors

The direction regarding confessors for those under formation is stipulated in canon 240:

Can. 240 §1 Besides ordinary confessors, other confessors are to come regularly to the
seminary; while maintaining seminary discipline, the students are always to be free to
approach any confessor, whether inside or outside the seminary.
 §2 In deciding about the admission of students to orders, or their dismissal from the
seminary, the vote of the spiritual director and the confessors may never be sought
Two points are clearly articulated: the presence of the ordinary confessor and the possibility of
students approaching other confessors from within or without the seminary. Secondly, admission or
dismissal should after discussions be decided by voting.

Admission Requirement

The 1983 Code, guided by the Vatican II (OT 6) provides requirement for admission into
seminary.

Can. 241 §1 The diocesan Bishop is to admit to the major seminary only those whose
human, moral, spiritual and intellectual gifts, as well as physical and psychological
health and right intention, show that they are capable of dedicating themselves
permanently to the sacred ministries.
§2 Before they are accepted, they must submit documentation of their baptism and
confirmation, and whatever else is required by the provisions of the Charter of Priestly
Formation.
§3 If there is question of admitting those who have been dismissed from another
seminary or religious institute, there is also required the testimony of the respective
superior, especially concerning the reason for their dismissal or departure.
The point here is that, it is the diocesan bishop – not the rector, who is responsible for the
admission to the major seminary. In the case of one who is sent to the major seminary of another
diocese, the student’s own diocesan bishop will obviously share this responsibility. In the case of
an inter-diocesan seminary, the responsibility is that of the group of bishops concerned or of the
one of their number deputed for this purpose. In all cases, the competent bishop will of course be
guided by those whom he commits this task, e.g. the rector, the diocesan director of vocation,
etc. TBhe advise of the candidate’s own parish priest should not be dismissed or disregarded.
The ultimate responsibility however remains that of the Bishop.

The criteria for the evaluation of the candidates are listed in the canon, which draws much of its
inspiration from Vat. II. It is to be noted that only those who meet these requirements are to be
admitted. Notwithstanding the regrettable shortage of priests, due strictness should always be
brought to bear on the choice and testing of students. God will not allow his Church to lack
ministers if the worthy are promoted and those who are not suited to the ministry are guided with
fatherly kindness in due time to adopt another calling (OT 6). A careful balance has to be struck
here: while maintaining a strict standard for admission, it must also be born in mind that one of
the main functions of a seminary is to test and foster incipient vocations. An over-exacting
standard for admission could be as unproductive as one which, for the sake of increasing
numbers, would fall short of that required by the Code.

It should also be noted that even if psychological tests are encouraged to test the candidate’s
suitability, experience has proved that over-reliance only on this test can be perilous; it should
never be the only determinant of one’s suitability. Here again the right to a good reputation and
right to privacy must be respected.
National programme of priestly formation

Vatian II (Optatam totius 1) laid down basic principles for the renewal of priestly formation and
mandated each nation and rite to develop its own programme to be revised and renewed by
competent authority on a regular basis. Canon 242 is a reflection of this understanding.

Can. 242 §1 In each country there is to be a Charter of Priestly Formation. It is to be

drawn up by the Episcopal Conference, taking account of the norms issued by the
supreme ecclesiastical authority, and it is to be approved by the Holy See; moreover, it
is to be adapted to new circumstances, likewise with the approval of the Holy See. This
Charter is to define the overall principles governing formation in the seminary and the
general norms which take account of the pastoral needs of each region or province.
§2 The norms of the Charter mentioned in §1 are to be observed in all seminaries,
whether diocesan or inter-diocesan.
It is to be noted that the norms contained in any such programme apply to all the seminaries
within the territory of the respective Bishops’ conference. Each religious institute is also to have
its own particular programme of studies for those who are to be ordained (c. 659, 3).

Particular Seminary Rule

In an exercise of the principle of subsidiarity, the diocesan or inter-diocesan seminary itself is to

draw up its own rule for daily life reflecting local or regional pastoral needs. Canon 243
provides:
Can. 243 In addition, each seminary is to have its own rule, approved by the
diocesan Bishop or, in the case of an inter-diocesan seminary, by the Bishops
concerned. In this, the norms of the Charter of Priestly Formation are to be
adapted to the particular circumstances and developed in greater detail,
especially on points of discipline affecting the daily life of the students and the
good order of the entire seminary.
This rule is to be based on the values found in the broader general principles of Ratio
fundamentalis and the national programme of priestly formation. It will certainly vary from
seminary to seminary depending on particular local circumstances but an unchangeable element
must always be clear and firm insistence on the fundamental requirement of discipline affecting
the daily life of the students and the good order of the entire seminary.

Integration of Seminary Programme

Vatican II (OT 4) directed on the holistic formation of priests so they can be both holy and competent to
serve the church and the human community effectively for both holiness and improvement of lives
(holistic transformation); hence the importance of integration of formation.

Can. 244 The spiritual formation and the doctrinal instruction of the students in
a seminary are to be harmoniously blended. They are to be so planned that the
students, each according to his talents, simultaneously develop the requisite
human maturity and acquire the spirit of the Gospel and a close relationship
with Christ.
Underlying this canon is the notion education in the seminary must lead to growth not only in the
spheres of the spiritual and intellectual life but also in ordinary human development or maturity.
Even more fundamentally underlying it is the aim that each student would acquire the spirit of
the Gospel and a close relationship with Christ. – the relationship which, in the last analysis can
be established only through personal character.

Spiritual Formation

Spiritual formation is given pride of place among the various aspects seminary training, and
canon 245, 246 and 247 richly reflect the conciliar teachings and echoes Ratio fundamentalis
nos: 44-58, especially 47, 49 and 51. It draws liberty on the council’s concern for proper
spiritual training and formation of those preparing for priestly service.

Can. 245 §1 Through their spiritual formation students are to be fitted for the fruitful
exercise of the pastoral ministry, and are to be inculcated with a sense of mission. They
are to learn that a ministry which is always exercised with lively faith and charity
contributes effectively to their personal sanctification. They are to learn to cultivate
those virtues which are highly valued in human relationships, in such a way that they
can arrive at an appropriate harmony between human and supernatural values.

This paragraph outlines the principle thrust of spiritual formation. In effect, it is a summary of the
thinking of Vatican II about the spiritual formation of future priests (OT 8-9) - a thinking which is
very helpfully developed by the congregation for catholic education. To be noted here is that (i)
spiritual formation to be inculcated in such a way that it is leads to fruitful pastoral ministry; that the
ministry filled with spirituality is exercised with lively faith and charity and in turn leads to personal
sanctification (ii) cultivate highly valued virtues in human relationship so they can arrive at an
appropriate harmony between human and supernatural values.

§2 Students are to be so trained that, filled with love for Christ’s Church, they are
linked to the Roman Pontiff, the successor of Peter, in humble and filial charity, to their
own Bishop as his faithful co-workers and to their brethren in friendly cooperation.
Through the common life in the seminary, and by developing relationships of friendship
and of association with others, they are to be prepared for the fraternal unity of the
diocesan presbyterium, in whose service of the Church they will share.

The priest is not someone who stands alone: on the contrary: candidates in seminaries are to
educated to develop and respect the bonds which will unite them to others in the Church. Love of
the Church, respect for the Pope and the diocesan Bishops ought to be actively fostered during
the period of formation. At the same time, the law positively encourages friendship as a sound
preparation for the apostolate.

Spiritual Exercise in the Seminary

Canon 246 spells out the initial steps essential to growth in a candidate’s vocation and the means
to support its exercise throughout life.
 Can. 246 §1 The celebration of the Eucharist is to be the centre of the whole life of the
seminary, so that the students, participating in the very charity of Christ, may daily
draw strength of soul for their apostolic labour and for their spiritual life particularly
from this richest of sources.
§2 They are to be formed in the celebration of the liturgy of the hours, by which the
ministers of God, in the name of the Church, intercede with Him for all the people
entrusted to them, and indeed for the whole world.
§3 Devotion to the Blessed Virgin Mary, including the rosary, mental prayer and other
exercises of piety are to be fostered, so that the students may acquire the spirit of prayer
and be strengthened in their vocation.
§4 The students are to become accustomed to approach the sacrament of penance
frequently. It is recommended that each should have a director of his spiritual life,
freely chosen, to whom he can trustfully reveal his conscience.
§5 Each year the students are to make a spiritual retreat.

Five important dimensions of life in the seminary are highlighted:

1. Celebration of the Eucharist must be the centre of their lives – a theme found throughout
the Code (cc. 528,2, 608, 719,2, 899, 904, 909, etc). An inevitable consequence follows:
the daily attendance at mass must be an essential feature of every seminarian’s formation.
2. Closely related to the seminarian’s understanding of the Eucharistic sacrifice must be his
understanding of the consequent need on his party, officially to pray in the name of the
church so that the fruits of the Incarnation may become available to all the people
entrusted to him in his future ministry – and indeed for the whole world. It is here that the
liturgy of the hours’ becomes the pivotal part of the prayer-life of the cleric, for which
accordingly every seminarian must be appropriately formed.
3. Traditional prayers and devotion were deliberately inserted to highlight their enduring
importance in that formation which is designed to ensure that the students will acquire the
spirit of prayer (thereby) be strengthened in their vocation.
4. Frequent approach to the sacrament of penance is another theme which runs throughout
the code in the context of priestly and religious training (see cc. 276, 528, 664, 719); in
the matter of student having free recourse to a spiritual director, who need not be his
spiritual confessor see c. 238, 2.
5. The requirement of annual retreat for all seminarians was already stipulated in Ratio
fundamentalis no. 53. The details such as contents, duration were left out to be dealt with
by either the rule of each seminary or the national programme. What is important is that
the exercise should involve: total withdrawal from the ordinary day- to- day concerns and
pre-occupations, and be devoted, in a conducive environment, to prayer, to contemplation
and to reflection.

Preparation for Commitment to Celibacy

The code at this canon speaks of preparation to the obligation to perfect and perpetual
continence.
 Can. 247 §1 By appropriate instruction they are to be prepared to observe celibacy and
to learn to hold it in honour as a special gift of God.
§2 The students are to be given all the requisite knowledge concerning the duties
and burdens which are proper to the sacred ministers of the Church, concealing
none of the difficulties of the priestly life.
The present canon stresses the need for preparation for this commitment during the period of
formation and education. This instruction must be one of the major concerns of those charged
with this formation and education. This instruction must be one of the major concerns of those
charged with this formation.

This paragraph is based on Vatican II which points out that celibacy is not only just a legal
obligation but also a precious gift of God which they should ask for humbly and to which they
should hasten to respond freely and generously, under the inspiration and with the assistance of
the Holy Spirit (OT 10).

Careful thoughts must be given by those in charge of seminaries as to how an appropriate

education in all the duties and responsibilities of the clerical state should be given. There must be
clear an unambiguous exposition of the various difficulties that have to be faced in clerical life ,
with particular reference to difficulties that are likely to be encountered in the student’s own
social and cultural milieu.

Academic Programme

In accord with Ratio fundamentalis 59-81 the Code in this canon together with canons 249—254
is concerned with doctrinal instruction. The very nature of ordained ministry and the challenge of
the new evangelization to which our Lord is calling the Church on the threshold of the third
millennium underscore the importance of intellectual formation. Hence the canon:

Can. 248 The doctrinal formation given is to be so directed that the students may
acquire a wide and solid teaching in the sacred sciences, together with a general
culture which is appropriate to the needs of place and time. As a result, with
their own faith founded on and nourished by this teaching, they ought to be able
properly to proclaim the Gospel to the people of their own time, in a fashion
suited to the manner of the people’s thinking.

The doctrinal formation of students has a twofold objective: to nourish and strengthen his own
faith and to enable him to proclaim him to the Gospel to the people of his own time. In all of this,
attention is to be given to the question of culture. The student is to be trained not only in the
culture of the place where he trains but also in that of the place where he is going to minister.
This will enable him to speak in a fashion suited to the manner of the people’s thinking (OT
1317).

Language Programmes

The law encourages native languages, latin and others that may be useful for the ministries.
 Can. 249 The Charter of Priestly Formation is to provide that the students are
not only taught their native language accurately, but are also well versed in
latin, and have a suitable knowledge of other languages which would appear to
be necessary or useful for their formation or for the exercise of their pastoral
ministry.

In essence training in languages should be integral to the seminary formation.

Time Requirement for Seminary Formation

The time required for seminary formation clearly specified in c. 250.

Can. 250 The philosophical and theological studies which are organised in the
seminary itself may be conducted either in succession or conjointly, in
accordance with the Charter of Priestly Formation. These studies are to take at
least six full years, in such a way that the time given to philosophical studies
amounts to two full years and that allotted to theological studies to four full
years.

At least six full years of studies are required for education to the priesthood. The canon shows
that these studies can be arranged in two ways: either by keeping theology and philosophy apart
or by integrating the philosophy with theology. Whichever manner of teaching is chosen care
must be taken to ensure that the proportion of time allotted to philosophical and theological
studies is in accord with the prescription of this canon. Formerly the dispensation of this
requirement was reserved to the Holy See (EM, 17). Although this reservation does not appear in
the Code, it is difficult to see how, apart from very exceptional circumstances, it could be of
service either to the student or to those to whom he is to minister to reduce the time of this
preparation to less than the minimum required by this canon.

Philosophical Studies

This canon summarises Vatican II teaching on the approach to the study of philosophy as
articulated in OT no. 13.

Can. 251 Philosophical formation must be based on the philosophical heritage that is
perennially valid, and it is also to take account of philosophical investigations over the
course of time. It is to be so given that it furthers the human formation of the students,
sharpens their mental edge and makes them more fitted to engage in theological studies.

The phrase “the philosophical heritage that is perennially valid” comes from Vatican II (OT 15).
In response to the query about the meaning of phrase, issued on 20. 12. 1965, the Congregation
for Seminaries and universities stated that it refers to the principles of St. Thomas. This was the
understanding of the words when Pope Pius XII used them in his encyclical Humani Generis.
The Revision Commission did not mention Thomistic philosophy explicitly since it regarded it as
included in the phrase itself. For all that, philosophical formation must not be taken up
exclusively with this heritage: it must also take into account philosophical investigations over the
course of time.

Theological formation

The canon on theological formation sketches out the method of theological formation in a
seminary. It is drawn from OT no. 16 which provides a more detailed ordering of the wide scope
of the subjects to be treated in the theological formation of future priests.

Can. 252 §1 Theological formation, given in the light of faith and under the guidance of
the magisterium, is to be imparted in such a way that the students learn the whole of
catholic teaching, based on divine Revelation, that they make it a nourishment of their
own spiritual lives, and that in the exercise of the ministry they may be able properly to
proclaim and defend it.
§2 Students are to be instructed with special care in sacred Scripture, so that they may
acquire an insight into the whole of sacred Scripture.
§3 Lectures are to be given in dogmatic theology, based always on the written word of
God and on sacred Tradition; through them the students are to learn to penetrate more
deeply into the mysteries of salvation, with St. Thomas in particular as their teacher.
Lectures are also to be given in moral and pastoral theology, canon law, liturgy,
ecclesiastical history, and other auxiliary and special disciplines, in accordance with the
provisions of the Charter on Priestly Formation.
The 1 paragraph outlines the method and scope paraphrased from Vatican II (OT 16). The
st

second paragraph highlights the special position of sacred scriptures in this formation while the
third is a compendium of various subjects to be covered in a seminary’s theological course.
Details of the exact content and method are left to each Programme for Priestly Formation. The
explicit mention of St. Thomas in paragraph 3 was made at the request of several consulting
bodies.

Seminary Professors

This canon outlies the appropriateness of seminary professors:

Can. 253 §1 The Bishop or the Bishops concerned are to appoint as teachers
in philosophical, theological and juridical subjects only those who are of
outstanding virtue and have a doctorate or a licentiate from a university or
faculty recognised by the Holy See.
§2 Care is to be taken that different professors are appointed for sacred
Scripture, dogmatic theology, moral theology, liturgy, philosophy, canon law
and church history, and for other disciplines which are to be taught by their
own distinctive methods.
§3 A professor who seriously fails in his or her duty is to be removed by the
authority mentioned in §1.
The importance attached to the seminary formation calls for the mentioned qualifications.
Integration of Academic Work and Teaching Methods

This canon, which is so rich in its own terms, is specifically aimed at providing an
effective and integrated education for the seminarians.

Can. 254 §1 In their lectures, the professors are to be continuously attentive to the
intimate unity and harmony of the entire doctrine of faith, so that the students are
aware that they are learning one science. To ensure this, there is to be someone in the
seminary who is in charge of the overall organization of studies.
§2 The students are to be taught in such a way that they themselves are enabled to
research various questions in the scientific way appropriate to each question. There are,
therefore, to be assignments in which, under the guidance of the professors, the students
learn to work out certain subjects by their own efforts.

The canon makes it clear that this approach, proposed by Vatican II and incorporated in the RF
(OT 5, 17) is to be governed by two principles: (a) that both professors and students are to be
continuously attentive to the intimate unity and harmony of the entire doctrine of faith and (b)
that the research by the seminarians must always remain under the guidance of the professors.
These principles place as much an obligation on the professors as they do on the students.

Pastoral Programmes

Pastoral training is one of the major thrust of Vatican II hence the significance of the present
canon:

Can. 255 Although the whole formation of students in the seminary has a pastoral
purpose, a specifically pastoral formation is also to be provided there; in this the
students are to learn the principles and the techniques which, according to the needs of
place and time, are relevant to the ministry of teaching, sanctifying and ruling the
people of God.

The Ratio fundamentalis spells out in more detail what is to be done in this sphere (in the
national programmes and seminary rules). In a note to the Ratio the Congregation explains that
students should by degrees acquire a pastoral attitude of mind and develop in themselves, along
with a theoretical knowledge of the subject, those practical abilities which will enable them to
bring Christ’s grace and teaching to people of every state and condition.

Instructions on matters pertaining to the Sacred Ministry

Can. 256 §1 Students are to be carefully instructed in whatever especially pertains to the sacred
ministry, particularly in catechetics and homiletics, in divine worship and in a special way in the
celebration of the sacraments, in dealing with people, including non-catholics and unbelievers, in
parish administration and in the fulfilment of other tasks.
§2 The students are to be instructed about the needs of the universal Church, so that they may have a
solicitude for encouraging vocations, for missionary and ecumenical questions, and for other
pressing matters, including social problems.
Missionary and Evangelizing Spirit

Can. 257 §1 The formation of students is to ensure that they are concerned not only for the particular
Church in which they are incardinated, but also for the universal Church, and that they are ready to
devote themselves to particular Churches which are beset by grave need.
§2 The diocesan Bishop is to ensure that clerics who intend to move from their own particular
Church to a particular Church in another region, are suitably prepared to exercise the sacred ministry
there, that is, that they learn the language of the region, and have an understanding of its institutions,
social conditions, usages and customs.

Field Education and Programmes

Can. 258 In order that the students may also by practice learn the art of exercising the apostolate,
they are in the course of their studies, and especially during holiday time, to be initiated into pastoral
practice by suitable assignments, always under the supervision of an experienced priest. These
assignments, appropriate to the age of the student and the conditions of the place, are to be
determined by the Ordinary.

Administration of the Seminary

Can. 259 §1 It belongs to the diocesan Bishop or, in the case of an inter-diocesan seminary, to the
Bishops concerned to determine those matters which concern the overall control and administration
of the seminary. §2 The diocesan Bishop or, in the case of an inter-diocesan seminary, the Bishops
concerned, are frequently to visit the seminary in person. They are to oversee the formation of their
students, and the philosophical and theological instruction given in the seminary. They are to inform
themselves about
the vocation, character, piety and progress of the students, in view particularly to the conferring of
sacred orders.

Rector and his duties

Can. 260 In the fulfilment of their duties, all must obey the rector, who is responsible for the day to
day direction of the seminary, in accordance with the norms of the Charter of Priestly Formation and
the rule of the seminary.
Can. 261 §1 The rector of the seminary is to ensure that the students faithfully observe the norms of the
Charter of Priestly Formation and the rule of the seminary; under his authority, and according to their
different positions, the moderators and professors have the same responsibility.
Exemption from Parochial Jurisdiction

Can. 262 The seminary is to be exempt from parochial governance. For all those in the seminary, the
function of the parish priest is to be discharged by the rector of the seminary or his delegate, with the
exception of matters concerning marriage and without prejudice to the provisions of can. 985.

Financial Support and Seminary Tax

Can. 263 The diocesan Bishop must ensure that the building and maintenance of the seminary, the
support of the students, the remuneration of the teachers and the other needs of the seminary are
provided for. In an inter-diocesan seminary this responsibility devolves upon the Bishops concerned,
each to the extent allotted by their common agreement.
Can. 264 §1 To provide for the needs of the seminary, the Bishop can, apart from the collection
mentioned in can. 1266, impose a levy in the diocese.
§2 Every ecclesiastical juridical person is subject to the levy for the seminary, including even private
juridical persons, which have a centre in the diocese. Exception is made for those whose sole support
comes from alms, or in which there is actually present a college of students or of teachers for
furthering the common good of the Church. This levy should be general, proportionate to the revenue
of those who are subject to it and calculated according to the needs of the seminary.

b) Enrolment or Incardination
Necessity
The canons of this section will deal with ordination since this will be treated in book IV:
sanctifying office under the sacrament of holy orders. This happen after or before the ordination
to priesthood. This canon indicates the necessity of incardination.

Can. 265 Every cleric must be incardinated in a particular church, or in a personal

Prelature, or in an institute of consecrated life or a society which has this faculty:
accordingly, acephalous or ‘wandering’ clergy are in no way to be allowed.

The purpose of incardination is three fold:

1. it is pastoral: the cleric is ordained for the service of the particular church to which he
thereby belongs

2. it constitutes an effective structure within the church for maintaining discipline,

establishing the bond between a cleric and a competent ecclesiastical authority;
3. it provides the cleric with a guarantee that his right will be safeguarded particularly his
right to employment and adequate sustenance.

Original incardination

It is possible for a clergy to be incardinated in more than one place. This canon prescribes
details for required for validity in such transfer.

Can. 266 §1 By the reception of the diaconate a person becomes a cleric, and is
incardinated in the particular Church or personal Prelature for whose service he is
ordained.
§2 A member who is perpetually professed in a religious institute, or who is definitively
incorporated into a clerical society of apostolic life, is by the reception of the diaconate
incardinated as a cleric in that institute or society unless, in the case of a society, the
constitutions determine otherwise.
§3 A member of a secular institute is by the reception of the diaconate incardinated into
the particular Church for whose service he was ordained, unless by virtue of a
concession of the Apostolic See he is incardinated into the institute itself..
In summary on places of incardination
 a secular or diocesan cleric is incardinated in the particular church for whose service is ordained
 a cleric belonging to a personal prelature is incardinated in that prelature
 a perpetually professed member of a religious institute is incardinated as a cleric in that
institute, he is thus bound to that institute in two fold bond: by virtue of his vows and by
incardination.
 a definitively incorporated member of a society of apostolic life is incardinated as a cleric in that
society: again he has twofold bond: the canon however foresees that the constitution of the
society might determine otherwise.
 by contrast a member of a secular institute is incardinated into the particular church for whose
service he is incardinated, unless the Holy See has authorized incardination into the institute.
Requirement for valid Incardination

Although incardination binds a cleric to one place, the law provides a means for him to move to
minister permanently elsewhere:

Can. 267 §1 To be validly incardinated in another particular Church, a cleric who is

already incardinated must obtain a letter of excardination signed by the diocesan
Bishop, and in the same way a letter of incardination signed by the diocesan Bishop of
the particular Church in which he wishes to be incardinated.
§2 Excardination granted in this way does not take effect until incardination is obtained
in the other particular Church.

This is a canonical requirement for valid transfer of cleric into another diocese:
 There must be a letter of excardination from the bishop of the church where he is
incardinated.
 There must be a letter of incardination from the Bishop of the church wherehe wishes to
be incardinated
 These letters must both be signed by the respective bishops and addressed to the cleric in
question.

It should also be noted that, it is only the diocesan bishop who can act on this matter not the vicar
general or an episcopal vicar.

Automatic incardination
The idea of automatic incardination is a substantial innovation in the church’s law: it introduces
the concept of automatic incardination – excardination. Precisely because of that, it terms must
be clear, strictly adhered to and rigorously applied. In fact, the canon allows for three forms of
this automatic procedure:

Can. 268 §1 A cleric who has lawfully moved from his own particular Church to
another is, by virtue of the law itself, incardinated in that latter Church after five years,
if he has declared this intention in writing to both the diocesan Bishop of the host
diocese and his own diocesan Bishop, and neither of the two Bishops has indicated
opposition in writing within four months of receiving the cleric’s written request.
 §2 By perpetual or definitive admission into an institute of consecrated life or a society
of apostolic life, a cleric who in accordance with can. 266 is incardinated in that institute
or society, is incardinated from his own particular Church.

The first two automatic procedures are mentioned in this canon and the third will be mentioned
later.

The first is that envisaged by paragraph 1, which concerns a cleric incardinated in one particular
church but lawfully resident in another. Such a cleric will by virtue of the law itself, become
incardinated in the dioceses in which he is a resident, subject to the following exigent conditions:

 he must manifest his wish to transfer his incardination to the diocese in which he now resides;
 he must, in writing, notify this wish to the two Bishops concerned;
 he must have completed a five year stay in the diocese of his current resident – a say
which must be both legitimate (i.e. having the consent of the two Bishops) and
uninterrupted (i.e. neither bishop having at any stage during that period withdrawn his
consent);
 he must establish that, within a period of four months from the receipt by the two bishops
concerned of his written submission, neither of them has, in writing, indicated opposition
to his proposal.

The second form of automatic excardination-incardination is dealt with in paragraph 2. It

involves a cleric who enters an institute of consecrated life or a society of apostolic life. A cleric
who is thus incardinated into the institute or society in accordance with can. 266, 2 is by virtue
of his perpetual profession or definitive incorporation (not before then), automatically
excardinated from his own particular church.

The third form of automatic transfer of incardination is not dealt with in his canon. It concerns
the incardination into a particular church of a cleric who has legitimately left or been dismissed
from an institute of consecrated life or a society of apostolic life. The norms which are similar to
those in paragraph one are contained in canons: 693, 701, 727,2; 743.

Requirement for Lawful Incardination

The 1983 Code of canon law takes into account the protection of the right of the faith community
and the bishop who is required to organize the pastoral life of the diocese, especially the
administration of the sacrament, hence the reason for restrictions.

Can. 269 A diocesan Bishop is not to incardinate a cleric unless:

1° the need or the advantage of his particular Church requires it and the provisions of
law concerning the worthy support of the cleric are observed;
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, behaviour and studies;
3° the cleric declares in writing to the same Bishop that he wishes to enter the
service of the new particular Church in accordance with the norms of law.
The conditions set out in this canon speak for themselves and are to be fulfilled before a diocesan
bishop proceeds to incardinate a cleric. The conditions set out are only for the lawfulness of
incardination; they do not affect the validity of the procedure.

Requirement for Lawful Excardination

This canon is a reflection of the general principle that right of the cleric to exercise his ministry
for the good of another local church or for his own personal needs are protected, while the bishop
is granted the right to make a prudential judgment about the request. For this reason, canon 270
provides:

Can. 270 Excardination can be lawfully granted only for a just reason, such as the
advantage of the Church or the good of the cleric. It may not, however, be refused
unless grave reasons exist; it is lawful for a cleric who considers himself to be unfairly
treated and who has a Bishop to receive him, to have recourse against the decision.

In summary, the canon contains the conditions for lawful excardination: excardination can be
granted only for a just reason. Two examples of just reasons are given (i) the advantage of the
church (ii) the good of the cleric. By contrast, a request for excardination cannot be denied unless
grave reasons exist. The bishop’s decision should not be arbitrary but should be made only after
a careful consideration of all the factors involved. Should the cleric who made the request feel
aggrieved, the law gives him the right of recourse.

Temporary Service

Vatican II taught that bishops and priests share in solicitude for the good of the whole church
(LG, 28), and expressed a deep concern for the just distribution of clergy throughout the world
(PO 10). This preoccupation led to the post conciliar norms of ecclesiae sanctae for temporary
service in another part of the world. This canon legalizes such initiatives of mutual help among
local churches within and without Episcopal conferences.
Can. 271 §1 Except for a grave need of his own particular Church, a Bishop is not to
refuse clerics seeking permission to move whom he knows to be prepared and considers
suitable to exercise the ministry in regions which suffer from a grave shortage of clergy.
He is to ensure, however, that the rights and duties of these clerics are determined by
written agreement with the diocesan Bishop of the place to which they wish to move.
§2 A Bishop can give permission to his clerics to move to another particular Church for
a specified time. Such permission can be renewed several times, but in such a way that
the clerics remain incardinated in their own particular Church, and on returning there
enjoy all the rights which they would have had if they had ministered there.
§3 A cleric who lawfully moves to another particular Church while remaining
incardinated in his own, may for a just reason be recalled by his own Bishop, provided
the agreements entered into with the other Bishop are honoured and natural equity is
observed. Under the same conditions, the Bishop of the other particular Church can for
a just reason refuse the cleric permission to reside further in his territory.

While the canon speaks for itself it is worth noting that: the right of and duties of a cleric who
moves to another church are to determine in written agreement drawn up by the two bishops
concerned. This may, as canon law advises in other places, serve as documentary proofs in case
of disputes. Paragraph two amounts to a safeguard for those clerics who work in another church
for a specified time. In granting permission and in receiving it, the bishop must make sure that
the clerics rights are intact on his return to his diocese. Such rights include salary, pension fund,
seniority, health insurance etc. although not explicitly stated, it would be wise to have all this in a
written document drawn up between the cleric and his own bishop.

Competent authority

The canons on incardination conclude with the legislation on the competent authority to grant
incardination, excardination and permission to serve outside the diocese.

Can. 272 The diocesan Administrator cannot grant excardination nor incardination,
nor permission to move to another particular Church, unless the episcopal see has been
vacant for a year, and he has the consent of the college of consultors.

In light of the sacramental bond, linking the diocesan bishop, major superiors, priests, and
deaons, and common care they exercise together for the people of God, it is clear that these three
acts are important for the life of the community and the corps of the ordained who serve it. only
the diocesan bishop or the major superior is competent to grant incardination or excardination or
temporary transfer. A vicar general of an episcopal vicar do is not competent without a special
mandate/

c) The obligations and rights of sacred

Clerical Reverence and Obedience

Can. 273 Clerics have a special obligation to show reverence and obedience to the Supreme
Pontiff and to their own Ordinary.

Certain offices restricted to clerics and duty to accept assignments

Can. 274 §1 Only clerics can obtain offices the exercise of which requires the power of order
or the power of ecclesiastical governance.
§2 Unless excused by a lawful impediment, clerics are obliged to accept and faithfully fulfil
the office committed to them by their Ordinary.

Clerical Cooperation

Can. 275 §1 Since all clerics are working for the same purpose, namely the building up of the
body of Christ, they are to be united with one another in the bond of brotherhood and prayer.
They are to seek to cooperate with one another, in accordance with the provisions of
particular law. §2 Clerics are to acknowledge and promote the mission which the laity, each
for his or her part, exercises in the Church and in the world.
Retreats
Can. 276 §1 Clerics have a special obligation to seek holiness in their lives, because they are
consecrated to God by a new title through the reception of orders, and are stewards of the
mysteries of God in the service of His people.
§2 In order that they can pursue this perfection:
1° they are in the first place faithfully and untiringly to fulfil the obligations of their pastoral
ministry;
2° they are to nourish their spiritual life at the twofold table of the sacred Scripture and the
Eucharist; priests are therefore earnestly invited to offer the eucharistic Sacrifice daily, and
deacons to participate daily in the offering;
3° priests, and deacons aspiring to the priesthood, are obliged to carry out the liturgy of the
hours daily, in accordance with their own approved liturgical books; permanent deacons are
to recite that part of it determined by the Episcopal Conference;
4° they are also obliged to make spiritual retreats, in accordance with the provision of
particular law;
5° they are exhorted to engage regularly in mental prayer, to approach the sacrament
of penance frequently, to honour the Virgin Mother of God with particular
veneration, and to use other general and special means to holiness.

Clerical Celibacy

Can. 277 §1 Clerics are obliged to observe perfect and perpetual continence for the sake of
the Kingdom of heaven, and are therefore bound to celibacy. Celibacy is a special gift of God
by which sacred ministers can more easily remain close to Christ with an undivided heart,
and can dedicate themselves more freely to the service of God and their neighbour.
§2 Clerics are to behave with due prudence in relation to persons whose company can be a
danger to their obligation of preserving continence or can lead to scandal of the faithful.
§3 The diocesan Bishop has authority to establish more detailed rules concerning this
matter, and to pass judgement on the observance of the obligation in particular cases.
Clerical Association
Can. 278 §1 The secular clergy have the right of association with others for the achievement
of purposes befitting the clerical state.
§2 The secular clergy are to hold in high esteem those associations especially whose statutes
are recognised by the competent authority and which, by a suitable and well tried rule of life
and by fraternal support, promote holiness in the exercise of their ministry and foster the
unity of the clergy with one another and with their Bishop.
§3 Clerics are to refrain from establishing or joining associations whose purpose or activity
cannot be reconciled with the obligations proper to the clerical state, or which can hinder the
diligent fulfilment of the office entrusted to them by the competent ecclesiastical authority

Continuing Education

Can. 279 §1 Clerics are to continue their sacred studies even after ordination to the
priesthood. They are to hold to that solid doctrine based on sacred Scripture which has been
handed down by our forebears and which is generally received in the Church, as set out
especially in the documents of the Councils and of the Roman Pontiffs. They are to avoid
profane novelties and pseudo-science.
 §2 Priests are to attend pastoral courses to be arranged for them after their ordination, in
accordance with the provisions of particular law. At times determined by the same law, they
are to attend other courses, theological meetings or conferences, which offer them an
occasion to acquire further knowledge of the sacred sciences and of pastoral methods.
§3 They are also to seek a knowledge of other sciences, especially those linked to the sacred
sciences, particularly insofar as they benefit the exercise of the pastoral ministry.

Community Life

Can. 280 Some manner of common life is highly recommended to clerics; where it
exists, it is as far as possible to be maintained.

Clerical Remuneration and Support

Can. 281 §1 Since clerics dedicate themselves to the ecclesiastical ministry, they deserve the
remuneration that befits their condition, taking into account both the nature of their office and
the conditions of time and place. It is to be such that it provides for the necessities of their life
and for the just remuneration of those whose services they need.
§2 Suitable provision is likewise to be made for such social welfare as they may need in
infirmity, sickness or old age.
§3 Married deacons who dedicate themselves full-time to the ecclesiastical ministry deserve
remuneration sufficient to provide for themselves and their families. Those, however, who
receive a remuneration by reason of a secular profession which they exercise or exercised, are
to see to their own and to their families’ needs from that income.

Cleric’s Way of Life

Can. 282 §1 Clerics are to follow a simple way of life and avoid anything which smacks of
worldliness.
§2 Goods which they receive on the occasion of the exercise of an ecclesiastical office, and
which are over and above what is necessary for their worthy upkeep and the fulfilment of all
the duties of their state, they may well wish to use for the good of the Church and for
charitable works.

Clerical Residence and Vacation

Can. 283 §1 Clerics, even if they do not have a residential office, are not to be absent from
their diocese for a considerable time, to be determined by particular law, without the at least
presumed permission of their proper Ordinary.
§2 They may, however, take a rightful and sufficient holiday every year, for the length of
time determined by general or by particular law.

Clerical Dress

Can. 284 Clerics are to wear suitable ecclesiastical dress, in accordance with the norms
established by the Episcopal Conference and legitimate local custom.

Activities Foreign to Clerics

 Can. 285 §1 Clerics are to shun completely everything that is unbecoming to their state, in
accordance with the provisions of particular law.
§2 Clerics are to avoid whatever is foreign to their state, even when it is not unseemly.
§3 Clerics are forbidden to assume public office whenever it means sharing in the exercise of
civil power.
§4 Without the permission of their Ordinary, they may not undertake the administration of
goods belonging to lay people, or secular offices which involve the obligation to render an
account. They are forbidden to act as surety, even concerning their own goods, without
consulting their proper Ordinary. They are not to sign promissory notes which involve the
payment of money but do not state the reasons for the payment.

Business or Trade
Can. 286 Clerics are forbidden to practise commerce or trade, either personally or
through another, for their own or another’s benefit, except with the permission of the
lawful ecclesiastical authority.

The Clergy as Signs of Peace

Can. 287 §1 Clerics are always to do their utmost to foster among people peace and harmony
based on justice.
§2 They are not to play an active role in political parties or in directing trade unions unless, in
the judgement of the competent ecclesiastical authority, this is required for the defence of the
rights of the Church or to promote the common good.

Exemptions for permanent deacons

Can. 288 Permanent deacons are not bound by the provisions of cann. 284, 285 §§3
and 4, 286, 287 §2, unless particular law states otherwise.

Use of Exemptions allowed by civil law

Can. 289 §1 As military service ill befits the clerical state, clerics and candidates for sacred
orders are not to volunteer for the armed services without the permission of their Ordinary.
2 Clerics are to take advantage of exemptions from exercising functions and public civil offices
foreign to the clerical state, which are granted in their favour by law, agreements or customs, unless
their proper Ordinary has in particular cases decreed otherwise.

d) The loss of the clerical state.

Three modes Loss of Clerical State
Can. 290 Sacred ordination once validly received never becomes invalid. A cleric, however,
loses the clerical state:
1° by a judgement of a court or an administrative decree, declaring the ordination invalid;
2° by the penalty of dismissal lawfully imposed;
3° by a rescript of the Apostolic See; this rescript, however, is granted to deacons only
for grave reasons and to priests only for the gravest of reasons.
Dispensation from Celibacy
Can. 291 Apart from the cases mentioned in can. 290, n. 1, the loss of the clerical state does
not carry with it a dispensation from the obligation of celibacy, which is granted solely by the
Roman Pontiff.

Effects of the Loss of Clerical State

Can. 292 A cleric who loses the clerical state in accordance with the law, loses thereby the
rights that are proper to the clerical state and is no longer bound by any obligations of the
clerical state, without prejudice to can. 291. He is prohibited from exercising the power of
order, without prejudice to can. 976. He is automatically deprived of all offices and roles and
of any delegated power.

Return to the Clerical State

Can. 293 A cleric who has lost the clerical state cannot be enrolled as a cleric again save by
rescript of the Apostolic See.

4. Personal Prelature
Purpose and Competent authority
Can. 294 Personal prelatures may be established by the Apostolic See after consultation with the
Episcopal Conferences concerned. They are composed of deacons and priests of the secular clergy. Their
purpose is to promote an appropriate distribution of priests, or to carry out special pastoral or
missionary enterprises in different regions or for different social groups.
Statutes and Governance
Can. 295 §1 A personal prelature is governed by statutes laid down by the Apostolic See. It is
presided over by a Prelate as its proper Ordinary. He has the right to establish a national or an
international seminary, and to incardinate students and promote them to orders with the title
of service of the prelature.
§2 The Prelate must provide both for the spiritual formation of those who are ordained
with this title, and for their becoming support.

Lay involvement in a Personal Prelature

Can. 296 Lay people can dedicate themselves to the apostolic work of a personal prelature by
way of agreements made with the prelature. The manner of this organic cooperation and the
principal obligations and rights associated with it, are to be duly defined in the statutes.

Prelature – Local Ordinary relationship

Can. 297 The statutes are likewise to define the relationships of the prelature with the local
Ordinaries in whose particular Churches the prelature, with the prior consent of the diocesan
Bishop, exercises or wishes to exercise its pastoral or missionary activity
 5. Association of the Christian faithful

a) Common Norms – Nature:

b) Description and ends

Can. 298 §1 In the Church there are associations which are distinct from institutes of consecrated life
and societies of apostolic life. In these associations, Christ’s faithful, whether clerics or laity, or
clerics and laity together, strive with a common effort to foster a more perfect life, or to promote
public worship or christian teaching. They may also devote themselves to other works of the
apostolate, such as initiatives for evangelisation, works of piety or charity, and those which animate
the temporal order with the christian spirit.
§2 Christ’s faithful are to join especially those associations which have been established,
praised or recommended by the competent ecclesiastical authority.

c) Categories

Private Association
Can. 299 §1 By private agreement among themselves, Christ’s faithful have the right to constitute
associations for the purposes mentioned in can. 298 §1, without prejudice to the provisions of can.
301 §1. §2 Associations of this kind, even though they may be praised or commended by
ecclesiastical authority, are called private associations.
§3 No private association of Christ’s faithful is recognised in the Church unless its statutes have been
reviewed by the competent authority.

Catholic Association

Can. 300 No association may call itself ‘catholic’ except with the consent of the competent
ecclesiastical authority, in accordance with can. 312.
Public Association
Can. 301 §1 It is for the competent ecclesiastical authority alone to establish associations of
Christ’s faithful which intend to impart Christian teaching in the name of the Church, or to
promote public worship, or which are directed to other ends whose pursuit is of its nature
reserved to the same ecclesiastical authority.
§2 The competent ecclesiastical authority, if it judges it expedient, can also establish
associations of Christ’s faithful to pursue, directly or indirectly, other spiritual ends whose
attainment is not adequately provided for by private initiatives.
§3 Associations of Christ’s faithful which are established by the competent ecclesiastical
authority are called public associations.

Clerical Associations
Can. 302 Associations of Christ’s faithful are called clerical when they are under the
direction of clerics, presuppose the exercise of sacred orders, and are acknowledged as such
by the competent authority.
Third Orders
Can. 303 Associations whose members live in the world but share in the spirit of some
religious institute, under the overall direction of the same institute, and who lead an apostolic
life and strive for Christian perfection, are known as third orders, or are called by some other
suitable title.

d) Organizations
Statutes
Can. 304 §1 All associations of Christ’s faithful, whether public or private, by whatever title
or name they are called, are to have their own statutes. These are to define the purpose or
social objective of the association, its centre, its governance and the conditions of
membership. They are also to specify the manner of action of the association, paying due
regard to what is necessary or useful in the circumstances of the time and place.
§2 Associations are to select for themselves a title or name which is in keeping with the
practices of the time and place, especially one derived from the purpose they intend.

Vigilance by competent authority

Can. 305 §1 All associations of Christ’s faithful are subject to the supervision of the
competent ecclesiastical authority. This authority is to ensure that integrity of faith and
morals is maintained in them and that abuses in ecclesiastical discipline do not creep in. The
competent authority has therefore the duty and the right to visit these associations, in
accordance with the law and the statutes. Associations are also subject to the governance of
the same authority in accordance with the provisions of the canons which follow.
§2 Associations of every kind are subject to the supervision of the Holy See. Diocesan
associations are subject to the supervision of the local Ordinary, as are other associations to
the extent that they work in the diocese.

e) Members
Conditions of Belonging

Can. 306 To enjoy the rights and privileges, indulgences and other spiritual favours granted
to an association, it is necessary and sufficient that a person be validly received into the
association in accordance with the provisions of the law and with the association’s own
statutes, and be not lawfully dismissed from it.

Admission
Can. 307 §1 The admission of members is to take place in accordance with the law and with
the statutes of each association.
§2 The same person can be enrolled in several associations.
§3 In accordance with their own law, members of religious institutes may, with the consent of
their Superior, join associations.
Dismissal
Can. 308 No one who was lawfully admitted is to be dismissed from an association except for a just
reason, in accordance with the law and the statutes.

f) Functions
Internal Functioning

Can. 309 Associations that are lawfully established have the right, in accordance with the law and the
statutes, to make particular norms concerning the association, for the holding of meetings, and for the
appointment of moderators, officials, ministers and administrators of goods.
Cooperation among associations

Can. 311 Members of institutes of consecrated life who preside over or assist associations which are
joined in some way to their institute, are to ensure that these associations help the apostolic works
existing in the diocese. They are especially to cooperate, under the direction of the local Ordinary, with
associations which are directed to the exercise of the apostolate in the diocese.
6. Public Association of Christ’s Faithful

a) Nature
Authority competent to establish an association

Can. 312 §1 The authority which is competent to establish public associations is:
1° the Holy See, for universal and international associations
2° the Episcopal Conference in its own territory, for national associations which by their very
establishment are intended for work throughout the whole nation;
3° the diocesan Bishop, each in his own territory, but not the diocesan Administrator, for
diocesan associations, with the exception, however, of associations the right to whose
establishment is reserved to others by apostolic privilege.
§2 The written consent of the diocesan Bishop is required for the valid establishment of an
association or branch of an association in the diocese even though it is done in virtue of an
apostolic privilege. Permission, however, which is given by the diocesan Bishop for the
foundation of a house of a religious institute, is valid also for the establishment in the same
house, or in a church attached to it, of an association which is proper to that institute.

Juridic personality

Can. 313 A public association or a confederation of public associations is constituted a

juridical person by the very decree by which it is established by the authority competent in
accordance with can. 312. Moreover, insofar as is required, it thereby receives its mission to
pursue, in the name of the Church, those ends which it proposes for itself.

Approval of Status
Can. 314 The statutes of any public association require the approval of the authority which, in
accordance with can. 312 §1, is competent to establish the association; this approval is also
required for a revision of, or a change in, the statutes.
Right of Initiative
Can. 315 Public associations can, on their own initiative, undertake projects which are
appropriate to their character, and they are governed by the statutes, but under the overall
direction of the ecclesiastical authority mentioned in can. 312 §1.
Admission of Members
Can. 316 §1 A person who has publicly rejected the catholic faith, or has defected from
ecclesiastical communion, or upon whom an excommunication has been imposed or
declared, cannot validly be received into public associations.
§2 Those who have been lawfully enrolled but who fall into one of the categories mentioned
in §1, having been previously warned, are to be dismissed, in accordance with the statutes of
the association, without prejudice to their right of recourse to the ecclesiastical authority
mentioned in can. 312 §1.

b) Moderator and Chaplain

Designation
Can. 317 §1 Unless the statutes provide otherwise, it belongs to the ecclesiastical authority
mentioned in can. 312 §1 to confirm the moderator of a public association on election, or to
appoint the moderator on presentation, or by his own right to appoint the moderator. The
same authority appoints the chaplain or ecclesiastical assistant, after consulting the senior
officials of the association, wherever this is expedient. §2 The norm of §1 is also valid for
associations which members of religious institutes, by apostolic privilege, establish outside
their own churches or houses. In associations which members of religious institutes establish
in their own church or house, the appointment or confirmation of the moderator and chaplain
belongs to the Superior of the institute, in accordance with the statutes.
§3 The laity can be moderators of associations which are not clerical. The chaplain or
ecclesiastical assistant is not to be the moderator, unless the statutes provide otherwise.
§4 Those who hold an office of direction in political parties are not to be moderators in
public associations of the faithful which are directly ordered to the exercise of the
apostolate.
Removal
Can. 318 §1 In special circumstances, when serious reasons so require the ecclesiastical
authority mentioned in can. 312 §1 can appoint a commissioner to direct the association in
his name for the time being.
§2 The moderator of a public association may be removed for a just reason, by the person who
made the appointment or the confirmation, but the Moderator himself and the senior officials
of the association must be consulted, in accordance with the statutes. The chaplain can,
however, be removed by the person who appointed him, in accordance with cann. 192-195.
Administration of Goods

Can. 319 §1 Unless otherwise provided, a lawfully established public association administers the
goods it possesses, in accordance with the statutes, and under the overall direction of the
ecclesiastical authority mentioned in can. 312 §1. It must give a yearly account to this authority.
§2 The association must also faithfully account to the same authority for the disbursement of
contributions and alms which it has collected.
Suppression

Can. 320 §1 Associations established by the Holy See can be suppressed only by the Holy
See.
§2 For grave reasons, associations established by the Episcopal Conference can be
suppressed by it. The diocesan Bishop can suppress those he has established, and also those
which members of religious institutes have established by apostolic indult with the consent of
the diocesan Bishop. §3 A public association is not to be suppressed by the competent
authority unless the moderator and other senior officials have been consulted.

7. Private Associations of Christ’s faithful

a) Nature
Autonomy
Can. 321 Christ’s faithful direct and moderate private associations according to the
provisions of the statutes.

Acquiring Juridic Personality

Can. 322 §1 A private association of Christ’s faithful can acquire juridical personality by a
formal decree of the competent ecclesiastical authority mentioned in can. 312.
§2 No private association of Christ’s faithful can acquire juridical personality unless its
statutes are approved by the ecclesiastical authority mentioned in can. 312 §1. The approval
of the statutes does not, however, change the private nature of the association.

b) Functioning
Vigilance by competent authority

Can. 323 §1 Although private associations of Christ’s faithful enjoy their own autonomy in
accordance with can. 321, they are subject to the supervision of ecclesiastical authority, in
accordance with can. 305, and also to the governance of the same authority.
§2 It is also the responsibility of ecclesiastical authority, with due respect for the autonomy of
private associations, to oversee and ensure that there is no dissipation of their forces, and that
the exercise of their apostolate is directed to the common good.

Designation of officers and spiritual advisers

Can. 324 §1 A private association of Christ’s faithful can freely designate for itself a
moderator and officers, in accordance with the statutes.
§2 If a private association of Christ’s faithful wishes to have a spiritual counsellor, it can
freely choose one for itself from among the priests who lawfully exercise a ministry in the
diocese, but the priest requires the confirmation of the local Ordinary.
Administration of temporal goods

Can. 325 §1 A private association of Christ’s faithful is free to administer any goods it
possesses, according to the provisions of the statutes, but the competent ecclesiastical
authority has the right to ensure that the goods are applied to the purposes of the association.
§2 In accordance with can. 1301, the association is subject to the authority of the local
Ordinary in whatever concerns the administration and distribution of goods which are
donated or left to it for pious purposes.

Extinction
Can. 326 §1 A private association of Christ’s faithful is extinguished in accordance with the
norms of the statutes. It can also be suppressed by the competent authority if its activity gives
rise to grave harm to ecclesiastical teaching or discipline, or is a scandal to the faithful.
§2 The fate of the goods of a private association which ceases to exist is to be determined in
accordance with the statutes, without prejudice to acquired rights and to the wishes of donors.

8. Special Norms for associations

Importance

Can. 327 Lay members of Christ’s faithful are to hold in high esteem associations established
for the spiritual purposes mentioned in can. 298. They should especially esteem those
associations whose aim is to animate the temporal order with the christian spirit, and thus
greatly foster an intimate union between faith and life.

Mutual Cooperation
Can. 328 Those who head lay associations, even those established by apostolic privilege, are to
ensure that their associations cooperate with other associations of Christ’s faithful, where this is
expedient. They are to give their help freely to various christian works, especially those in the
same territory.
Formation of Members
Can. 329 Moderators of lay associations are to ensure that the members receive due
formation, so that they may carry out the apostolate which is proper to the laity.
Note: the above subtopics will be treated after the completion of the part II of book II:
Hierarchical structure of the church.

II. The Hierarchical Constitution of the Church

The Roman Catholic Church is hierarchical church. “Hierarchy” comes from the Greek words
hieros, sacred, and arche, rule or power. However, the term does not imply domination, for Jesus
himself forbade that any of his disciples should “lord it over” others. This part of the book on the
People of God sets forth the ordered structure of the Church’s communities and offices.
 A. The Supreme Authority: Pope and College of Bishops
There are two subjects to whom the supreme government of the universal Church is entrusted:
The Roman Pontiff and the College of bishops. The college or the body of bishops has no
authority unless it is understood together with the Roman Pontiff, the successor of Peter, as its
head.

1. The Roman Pontiff.

The Bishop of Rome is the successor of St. Peter in the office of primacy conferred on him by
the Lord. By virtue of his office, he exercises full and supreme power over the entire Church. His
power according to c. 331 is ordinary, i.e., exercised directly by virtue of his office, and not by
the commission or mandate of another. His power is also supreme i.e., not subject to objection
and “there is neither appeal nor recourse against a judgment or decree of the Roman Pontiff (c.
333, 3). His power is also full i.e., not limited to certain matters, places or persons, nor is it to be
exercised in accordance with or under the guidance of any other. The power of the RP is also
immediate i.e., it received directly from God and exercised directly over every member of the
faithful and every community, without need of intermediaries. His power is also universal i.e., It
covers all matters to do with the life and the mission of the church (doctrine, liturgy, etc). He has
the power to all particular churches and its groupings. (c. 333, 1)

a) Acquisition of the Power

According to canon 332, §1 the Roman Pontiff obtains full and supreme power in the Church by
his acceptance of legitimate election together with episcopal consecration. Therefore, a person
elected to the supreme pontificate who is marked with episcopal character obtains this power
from the moment of acceptance. If the person elected lacks episcopal character, however, he is
to be ordained a bishop immediately.

If it happens that the Roman Pontiff resigns his office, it is required for validity that the
resignation is made freely and properly manifested but not that it is accepted by anyone (§2).

This is as far as the law can articulate regarding the election of the Roman Pontiff. That the
power is received upon the acceptance of this election. It suffices to mention that Cardinals under
the age of 80 have the right to vote in for papal election. The maximum number of such cardinals
taking part in a conclave has been fixed at 120. The rest of the details on the election process are
not the subject of the Code.

b) Exercise of Primacy
The present law extends the authority of the Roman Pontiff to the local churches. Canon 333, §1
prescribes that by virtue of his office, the Roman Pontiff not only possesses power over the
universal Church but also obtains the primacy of ordinary power over all particular churches and
groups of them. Moreover, this primacy strengthens and protects the proper, ordinary, and
immediate power which bishops possess in the particular churches entrusted to their care.
The authority of the RP explained in c. 331 is according to this provision seen in relation to the
local churches and their bishops. The Pope’s authority in the whole church is marched by his
ordinary power in all the particular churches (e.g. dioceses) and their groupings (e.g.
ecclesiastical provinces). The ascribed to him in this canon should not be understood as
competing with that of the local bishops nor must it be seen as undermining their authority,
rather the canon states that it reinforces and defends the power of the local bishops. This
understanding is firmly rooted in the teaching of Vat. I and II.

Regarding the manner of exercising his authority paragraph §2 provides that in fulfilling the
office of supreme pastor of the Church, the Roman Pontiff is always joined in communion with
the other bishops and with the universal Church. He nevertheless has the right, according to the
needs of the Church, to determine the manner, whether personal or collegial, of exercising this
office.

Due to his title as the supreme authority, paragraph3 states that No appeal or recourse is
permitted against a sentence or decree of the Roman Pontiff. This instruction is specified later in
canon 1404, stating that “The first is judged by no one”.

c) Assistance needed in exercising authority and the

Interim Governance of the Holy See

Regarding the kind of help the RP can obtain from the bishops can. 334 prescribes that Bishops
assist the Roman Pontiff in exercising his office. They are able to render him cooperative
assistance in various ways, among which is the synod of bishops. The cardinals also assist him,
as do other persons and various institutes according to the needs of the times. In his name and by
his authority, all these persons and institutes fulfill the function entrusted to them for the good of
all the churches, according to the norms defined by law.

Subsequent sections under the supreme authority will articulate clearly various institutions that
are created in order to assist the RP to govern the whole Church such as the Roman Curia, and
the papal legates.

Regarding the sede vacante, the present law provides that when the Roman See is vacant or
entirely impeded, nothing is to be altered in the governance of the universal Church; the special
laws issued for these circumstances, however, are to be observed (Can. 335).

This is a specific application of general principle of canon 428 which governs questions of sede
vacante. The see becomes vacant if the Pope dies or resigns. It is impeded if a situation arises
such as is envisaged in canon 412 referring to imprisonment, banishment, exile or incapacity.

2. The College of Bishops.

This college is composed of those who have received Episcopal ordination and are in hierarchical
communion with their head and with the other members of the college. This college which is also the
successor of the college of Apostles is the subject of supreme and full power in the universal Church. (c.
336). The Roman Pontiff is a member of the college but also its head, operative center and usual
spokesman.
a) Exercise of the Authority
The college exercises the supreme authority in three ways:
Ecumenical Council: The college of bishops acts more dramatically and effectively when it is gathered in
ecumenical council; then it exercises its authority in a solemn manner. Hence Can. 337 §1. The college of
bishops exercises power over the universal Church in a solemn manner in an ecumenical council.
United exercise of the office: But it also acts with equal authority when its members throughout the
world take united action, as long as that action is initiated or accepted by the pope (c. 337, 2) Pope’s
Discretion: The pope is also free to select any other manner of exercising this authority.
b) Convocation of the Ecumenical Council
Its is the head who assumes the responsibility of convoking the ecumenical council: Can. 338 §1. It is for
the Roman Pontiff alone to convoke an ecumenical council, preside over it personally or through others,
transfer, suspend, or dissolve a council, and to approve its decrees. This canon was formulated as a
result of the Western schism. The matter was also discussed by Vatican Council II especially Lumen
Gentium no. 22b.
As regards the content of the council, the present law asserts that It is for the Roman Pontiff to
determine the matters to be treated in a council and establish the order to be observed in a council. To
the questions proposed by the Roman Pontiff, the council fathers can add others which are to be
approved by the Roman Pontiff (§2).
Its is his responsibility to set the agenda for the council, to establish the order which will be followed in
the course of its celebration, and to approve other matters which the Roman Pontiff proposed to be
followed.
c) Membership and Participation
The following canon looks into the question of membership. It provides that, All the bishops and only
the bishops who are members of the college of bishops have the right and duty to take part in an
ecumenical council with a deliberative vote (Can. 339 §1.).
This provision is much more restrictive than was the previous Code (1917). The previous code
gave this right to a variety of church authorities based on jurisdiction extending even to
residential bishops even if not consecrated, Abbot primates, Abbots of monastic congregation,
cardinals even if not bishops. The present limits this to the members as provided in c. 336.

The law leaves the Invitation of others who are not bishops to an ecumenical council to the head of the
college: The prescript of this law states clearly:
Moreover, some others who are not bishops can be called to an ecumenical council by the supreme
authority of the Church, to whom it belongs to determine their roles in the council (§2). By the term
others, the legislator likely included those who are equivalent in law to the bishops, bishops not yet
consecrated, probably some representatives of the major institutes of consecrated life and societies of
apostolic life, and whatever experts are considered to be necessary or helpful.
d) Automatic Interruption
The Holy See can be rendered vacant even during the celebration of the council. The present law has
covered in the event this arises: If the Apostolic See becomes vacant during the celebration of a council,
the council is interrupted by the law itself until the new Supreme Pontiff orders it to be continued or
dissolves it (c. Can. 340).
The last ecumenical council which was abruptly interrupted by the death of the Roman
Pontiff was the Vatican Council II. Pope John xxiii died in 1963 and caused the
interruption of the of the council. Which was convoked by Pope Paul VI.

Regarding the force of the council, the present law provides that “the decrees of an ecumenical
council do not have obligatory force unless they have been approved by the Roman Pontiff
together with the council fathers, confirmed by him, and promulgated at his order”. (Can. 341
§1.)
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 (§2.).

B. Institutions for the Government of the universal church

To carry out his pontificate, the pope makes use of various organisms and persons. Some have
consultative character, such as the synod of Bishops or the College of Cardinals, which he asks
for opinion on given questions. Others such as curia and legates, aid him in a permanent way in
carrying out the duties which he has entrusted to them.

1. The Synods of Bishops.

a) Definitions
The opening canon on the synods of bishops begins by providing the concept of the synod:

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 (c. Can. 342).

The synod of bishops is a new concept and practice in the life of the Church. Its origins lie in the
deliberation of Vatican II and it was established before the end of the Council. This group does
not involve the entire college of bishops or even one episcopal conference. It is just a group of
bishops selected from different parts of the World totally at the discretion of the Roman Pontiff.
It therefore lacks deliberative vote in its decisions or opinions. Their opinion remain consultative
in nature. Neither does it constitute the supreme authority even when it is sitting with the head of
the College.

According to this canon, the synod has fourfold purpose:

(i) To promote the relationship between the Roman Pontiff and the Bishops
(ii) To assist the Pope in the defence and development of faith and morals
(iii) To assist the Pope in the preservation and strengthening ecclesiastical discipline(iv) To
consider questions concerning the mission of the Church in the world.
 (1) Authority of the Synod and its Relationship with the
Pope
Regarding its authority, canon 343 provides:
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 (Can.
343).

As mentioned the law sets out the functions of synod clearly and also qualifies its authority. Its
functions are consultative, its activities are defined as discussing and setting forth
recommendations, not settle matters or even drawing up decrees. It may however act with
deliberative vote if the Pope ratifies the decisions made by the synod in accordance with the
principle established in canon 341.

Synods take various forms, i.e. general or special, ordinary or extraordinary. Member bishops
selected for each form differs somewhat (cc. 345 – 346). Those who head the offices of the
Roman curia are usually included. The synod has a permanent secretariat, with a general
secretary and a council of bishops, which has certain limited functions between synods (c. 348).

b) Relationship with the Pope

The auxiliary role of the Pope is reflected in the following canon: Can. 344

The synod of bishops is directly subject to the authority of the Roman Pontiff who
- convokes a synod as often as it seems opportune to him and designates the place
where its sessions are to be held;

- ratifies the election of members who must be elected according to the norm of
special law and designates and appoints other members;
- 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; - defines the
agenda; presides at the synod personally or through others; - concludes,
transfers, suspends, and dissolves the synod.
These prerogatives are parallel to his rights in respect with the ecumenical council contained in
can. 338.

c) Forms of assemblies and membership

Regarding forms of assemblies, the code provides:

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 (Can. 345).

The general assemblies are classified as either

- Ordinary and therefore dealing with matters affecting the whole church and meets regularly
every few years. In the life of the Church a number of these assemblies discussed matters of
major importance. For example, implementation of Vatican II (1967), priestly ministry and
justice in the world (1971), evangelization (1974), catechesis (1977), the Christian family
(1980) etc. OR

- Extraordinary which deals with matters of particular importance at the time. So far there has
been two such assemblies : the 1969 dealt with questions of the relationship between the
Pope and Episcopal conferences; the second in 1985 which dealt with the life of the Church
in the 20 years since the end of Vatican II.

- A special Assembly focuses on matters which affect specific territories, i.e. more restricted
local matters, e.g. the Synod of Africa and Madascar (1990), which discussed The church in
Africa and her evangelizing mission towards the year 2000; A synod for Europe in 1990
which discussed matters related with how the church in Europe can respond to the changing
circumstances in Europe.

- Note: other meetings the Pope has with bishops of different countries he visits even if they
belong to more than once conference bishop do not constitute the synod of Bishops.

Regarding membership, canon 346 provides:

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.

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.

A synod of bishops gathered in a special session consists of members especially selected from
those regions for which it was called, according to the norm of the special law which governs the
synod.

d) Conclusion or suspension

It is possible for the Apostolic See to become vacant even during the celebration of the synod.
Should this happen can. 347 provides:

When the Roman Pontiff concludes a session of the synod of bishops, the function entrusted in it
to the bishops and other members ceases. If the Apostolic See becomes vacant after a synod is
convoked or during its celebration, the session of the synod and the function entrusted to its
members are suspended by the law itself until the new Pontiff has decided to dissolve or continue
the session.

This provision is parallel to the one discussed above concerning ecumenical council (c. 340).
Membership of synod is by its nature transitory. Once the meeting is concluded the membership
ceases except the secretariat.

e) The Secretariat of the Synod

To continue providing services for the synod even during its absence e.g. planning,
communication etc. The Roman Pontiff needs a secretariat established in a stable fashion. The
present law (can. 348) provides:
The synod of bishops has a permanent general secretariat presided over by a general secretary
who is appointed by the Roman Pontiff and assisted by the council of the secretariat. This
council consists of bishops, some of whom are elected by the synod of bishops itself according to
the norm of special law while others are appointed by the Roman Pontiff. The function of all
these ceases when a new general session begins.

Furthermore, for each session of the synod of bishops one or more special secretaries are
constituted who are appointed by the Roman Pontiff and remain in the office entrusted to them
only until the session of the synod has been completed.

As opposed to Apostolica solicitude which provided simply for a permanent secretary with
suitable help and in addition, a special secretary who would remain in office solely for the period
of the synod meeting (both of whom to be appointed by the Pope), the structure of the present
canon is much more elaborate. There is now not only a permanent secretariat, but also a council
of bishops, some elected by the synod, some appointed by the Pope. All the officers mentioned in
this canon remain in office until the beginning the next assembly of the synod. In this way
continuity is provided for without there being permanent appointments.

2. College of Cardinals.

a) Notion and Purpose

Unlike the recent synod of bishops, the College of Cardinals is an ecclesiastical law institution
with a long history of papal service. The College of Cardinals can be traced to a group of clergy
who in the early centuries gathered around the Pope as his collaborators and his councilors. By
the 2oth century they consisted of 7 bishops of dioceses close to Rome, 28 priests attached to
Roman churches, and 20 deacons. Since 1059, their principal function has been, the election of
the Pope.

Canon 349 provided the notion and purpose of cardinals:

The cardinals of the Holy Roman Church constitute a special college which provides for the
election of the Roman Pontiff according to the norm of special law. The cardinals assist the
Roman Pontiff either collegially when they are convoked to deal with questions of major
importance, or individually when they help the Roman Pontiff through the various offices they
perform, especially in the daily care of the universal Church.

The canon outlines three roles of this college:

(i) The election of the pope, governed by the special norms contained in apostolic constitution
Romani Pontifici Eligendo
(ii) giving assistance to the pope in a collegial fashion;
(iii) giving assistance to the pope as individuals and by reason of their particular office, e.g.
those Cardinals who are prefects of various dicastery/congregations in the Roman Curia.

b) Ranks
Traditionally, the college of Cardinals has been divided into three orders born from the history of
this institution. As mentioned above not all the members of the group who assisted the pope were
bishops. There were bishops, priests and deacons. Canon 350 elaborates these ranks and their
corresponding responsibilities:

The college of cardinals is divided into three orders: the episcopal order, to which belong
cardinals to whom the Roman Pontiff assigns title of a suburbicarian church and Eastern
patriarchs who have been brought into the college of cardinals; the presbyteral order and the
diaconal order (§1).
The Roman Pontiff assigns each of the cardinals of the presbyteral or diaconal orders his own
title or diaconia in Rome (§2).

Eastern patriarchs who have been made members of the college of cardinals have their own
patriarchal see as a title (§3).

The cardinal dean holds as his title the Diocese of Ostia together with the other church he
already has as a title (§4.).

Through a choice made in consistory and approved by the Supreme Pontiff and with priority of
order and promotion observed, cardinals from the presbyteral order can transfer to another title,
and cardinals from the diaconal order to another diaconia and if they have been in the diaconal
order for ten full years, even to the presbyteral order (§5.).

A cardinal transferring through choice from the diaconal order to the presbyteral order takes
precedence over all those cardinal presbyters who were brought into the cardinalate after him
(§6).

Originally, the cardinal bishops were bishops of dioceses neighboring Rome. Pope John XXIII
restricted the relationship of the cardinal bishops to their neighboring sees to the purely titular.
There are seven sees: Ostia, Albano, Frascati, Palestrina, Porto-santa Rufina, Sabina-Poggio
Mirteto, Valletri-Segni.

At the time of their creation, cardinal priests and deacons are assigned the title of a church in
Rome. These are divided into presbyteral titles and deaconries.
 c) Creation of Cardinals

In the ecclesiastical parlance cardinals are said to be created while the bishops are consecrated or
ordained and priests and deacons are ordained. Canon 351 articulates the freedom of the pope in
the appointment of cardinals and the minimum qualification of those to be elected:

The Roman Pontiff freely selects men to be promoted as cardinals, who have been ordained at
least into the order of the presbyterate and are especially outstanding in doctrine, morals, piety,
and prudence in action; those who are not yet bishops must receive episcopal consecration (§1.).
Cardinals are created by a decree of the Roman Pontiff which is made public in the presence of
the college of cardinals. From the moment of the announcement they are bound by the duties
and possess the rights defined by law (§2).

When the Roman Pontiff has announced the selection of a person to the dignity of cardinal but
reserves the name of the person in pectore (named in secret), the one promoted is not bound in
the meantime by any of the duties of cardinals nor does he possess any of their rights. After the
Roman Pontiff has made his name public, however, he is bound by the same duties and possesses
the same rights; he possesses the right of precedence, though, from the day of reservation in
pectore ( §3.).

d) The Dean, functions and limits

The college of cardinals is a college in the strict sense of the term. It has a president among its
own ranks. Canon 352 prescribes the office of the dean, sub-dean and their functions:

The dean presides over the College of Cardinals; if he is impeded, the assistant dean takes his
place. Neither the dean nor the assistant dean possesses any power of governance over the other
cardinals but is considered as first among equals (§1).

When the office of dean is vacant, the cardinals who possess title to a suburbicarian church and
they alone are to elect one from their own group who is to act as dean of the college; the assistant
dean, if he is present, or else the oldest among them, presides at this election. They are to submit
the name of the person elected to the Roman Pontiff who is competent to approve him(§2).

The assistant dean is elected in the same manner as that described in §2, with the dean himself
(§3.) presiding. The Roman Pontiff is also competent to approve the election of the assistant
dean.. If the dean and assistant dean do not have a domicile in Rome, they are to acquire one
there ( §4).

e) Consistories
The collegial assistance given by the College of Cardinals to the Pope is ordinarily done in
consistories. Ordinary consistories take place several times a year, though not at regular
intervals.
Canon 353 provides the kind of help he may receive and the methods with which he receives this
help. It provides that:

The cardinals especially assist the supreme pastor of the Church through collegial action in
consistories in which they are gathered by order of the Roman Pontiff who resides. Consistories
are either ordinary or extraordinary (§1).

For an ordinary consistory, all the cardinals, at least those present in Rome, are called together to
be consulted concerning certain grave matters which occur rather frequently or to carry out
certain very solemn acts (§2). For an extraordinary consistory, which is celebrated when
particular needs of the Church or the treatment of more grave affairs suggests it, all the cardinals
are called together (§3). Only the ordinary consistory in which some solemnities are celebrated
can be public, that is, when prelates, representatives of civil societies, and others who have been
invited to it are admitted in addition to the cardinals ( §4).

At such meeting (consistories), the agenda will include filling vacant dioceses, hearing the
pope’s mind on important matters, and discussing business relating to different departments of
the Curia.

f) Resignation from Curial Offices

Some circumstances can lead or motivate presiding cardinals to resign: Canon 354 provides that:
The cardinals who preside over dicasteries and other permanent institutes of the Roman Curia
and Vatican City and who have completed the seventy-fifth year of age are asked to submit their
resignation from office to the Roman Pontiff who will see to the matter after considering the
circumstances (Can. 354).

This canon does not concern resignation from the College of Cardinals. Rather it states that
cardinals presiding over curial dicasteries and other permanent institutions are subject to the
regulations that apply to other curial officers concerning resignation at age of 75. It is a matter
for the Pope to decide whether or not to accept such an offer or to make any other appropriate
arrangement.

g) Functions of Cardinal Dean

Cardinals are have a dean with specific functions. Canon 355 provides the functions of the dean
or senior cardinal dean. It states:

The cardinal dean is competent to ordain as a bishop the one elected as Roman Pontiff if he
needs to be ordained; if the dean is impeded, the assistant dean has the same right, and if he is
impeded, the oldest cardinal from the episcopal order (§1).
The senior cardinal deacon announces the name of the newly elected Supreme Pontiff to the
people; likewise, in the place of the Roman Pontiff, he places the pallium upon metropolitans or
hands it over to their proxies (§2).
This canon reiterates the ancient privilege of the dean of the College of Cardinals: to consecrate
the one elected pope if he is not already a bishop. It also provides for the situation where the
dean may be impeded to do so.

h) Cooperation between cardinals with Pope

The College of Cardinals has a special relationship with the pope. Subsequent canons will
indicate various aspects of this relationship. Canon 356 provides the nature of the cooperation
between the college and the pope:

Cardinals are obliged to cooperate assiduously with the Roman Pontiff; therefore, cardinals who
exercise any office in the curia and who are not diocesan bishops are obliged to reside in Rome.
Cardinals who have the care of some diocese as the diocesan bishop are to go to Rome whenever
the Roman Pontiff calls them (Can. 356).

Only those Cardinals who have an official appointment in the Roman Curia are obliged to live in
Rome. Cardinals who have retired from being diocesan Bishops are not required to live in Rome,
nor are those who have retired from office in the Roman Curia. Those who are diocesan bishops
are obliged to go to Rome whenever summoned by the pope, e. g. to take part in an extraordinary
consistory.

i) Relationship with titular churches

Regarding the relationship between cardinals and their titular churches, the present law in
canon Can. 357 states:
The cardinals who have been assigned title to a suburbicarian church or a church in Rome
are to promote the good of these dioceses or churches by counsel and patronage after they
have taken possession of them. Nevertheless, they possess no power of governance over
them nor are they to intervene in any way in those matters which pertain to the
administration of their goods, their discipline, or the service of the churches (§1).

In those matters which pertain to their own person, cardinals living outside of Rome and
outside their own diocese are exempt from the power of governance of the bishop of the
diocese in which they are residing. ( §2.)

Because of their status in the Church, it is important to state clearly the relationship
between cardinals and local churches. As this norm states, the cardinal: first, cardinals
retain only a moral authority and the obligation of patronage in the suburbicarian sees or
Roman churches assigned to them. They are not to intervene in anyway in the
administration these. Cardinals who are not resident either in Rome or in their own
diocese are personally exempt from the power of jurisdiction of the local bishop.

j) Cardinals as Legatus a Latere

Cardinals can be assigned various task to perform as the alter ego of the Pope with
responsibilities clearly outlined. To legitimate such activities canon 358 provides:
A cardinal to whom the Roman Pontiff entrusts the function of representing him in some
solemn celebration or among some group of persons as a legates a latere, that is, as his
alter ego, as well as one to whom the Roman Pontiff entrusts the fulfillment of a certain
pastoral function as his special envoy (missus specialis) has competence only over those
things which the Roman Pontiff commits to him.

This task seem to relate to the tasks assigned to papal legates, but it is placed here and not
in the section of Papal legates (cc. 362- 367) because the function of a legatus a latere is
entrusted only to Cardinals who exercise this function when e.g. they are deputed to
represent the Pope at Eucharistic congress or other special general assemblies of the
faithful throughout the world.

k) The Power of the College during the Sede Vacante

This canon (c. 359) covers the gap that might arise if the See happens to be vacant. It
states: When the Apostolic See is vacant, the College of Cardinals possesses only that
power in the Church which is attributed to it in special law.

The special law referred to in this canon is contained in the apostolic constitution Roman
Pontifici Eligendo. During the vacancy of the Holy See, the government of the Church is
in the hands of the College of Cardinals, but only in regard to ordinary business and those
matters which cannot be deferred, and with regard to the preparation of all those matters
which are necessary for the electon of the new pope. Power is given to the College of
Cardinals to interpret anything which is doubtful or obscure. Finally when business is
conducted by the College, it must at in a collegial fashion and according to the decision
of the majority.

The College does not have power over the matters within the exclusive competence of the
Pope during his life time. They may not change pope election norms or any other papal
norms.

3. Roman Curia
Significant officeholders often need the assistance of others in discharging their
responsibilities. There is and there has been great diversity in the ways of rendering such
assistance. The matter may be left to officeholder’s discretion, but more often the law
specifies detailed supportive structures in order to foster the common good. Despite the
Church’s primarily supernatural dimension its distinctly human character makes it subject
to human variables in carrying out its mission in space and time. The Pope, bishops, and
cardinals provide this help in different ways. The Roman Curia provides an important
help to the Roman Pontiff in running the whole church.

Canon 360 provides the notion and function of the Roman curia:
The Supreme Pontiff usually conducts the affairs of the universal Church through the
Roman Curia which performs its function in his name and by his authority for the good
and service of the churches. The Roman Curia consists of the Secretariat of State or the
Papal Secretariat, the Council for the Public Affairs of the Church, congregations,
tribunals, and other institutes; the constitution and competence of all these are defined in
special law.

The Roman Curia is the administrative apparatus of the Holy See and the central body
through which the Roman Pontiff conducts the affairs of the universal Catholic Church. It
acts in his name and with his authority for the good and for the service of the particular
Churches and provides the necessary central organization for the correct functioning of
the Church and the achievement of its goals. The structure and organization of
responsibilities within the Curia is at present regulated by the apostolic constitution
Pastor bonus issued by Pope John Paul II on 28 June 1988, which Pope Francis has
decided to revise.

The Roman curia is a collective name for the complex of secretariats, congregations,
tribunals, councils and offices which assist the pope in the exercise of his pastoral office
of service to the Churches which make up the Roman Catholic communion (c. 360).
Within the Curia the Secretariat of State is the coordinating office with authority over
both the church’s internal and external affairs. There are nine congregations each with
responsibility for an area of the Church’s life, e.g. doctrine, bishops, worship and
sacraments, evangelization, clergy, religious, and so on. There are also three judicial
bodies, that is tribunals or courts, several councils for various causes; e.g. for laypersons,
the family, justice and peace, Christian unity, migrants, etc. and offices for the
administration of funds and properties.

Canon 361 provides clarification on the concepts of Holy See or Apostolic See:
In this Code, the term Apostolic See or Holy See refers not only to the Roman Pontiff but
also to the Secretariat of State, the Council for the Public Affairs of the Church, and other
institutes of the Roman Curia, unless it is otherwise apparent from the nature of the
matter or the context of the words.

The law makes a major distinction between the following terms:

The Roman Pontiff: The person of the pope
The supreme authority of the Church: The Roman Pontiff alone but also the college of the
bishop with the head
The Apostolic See or the Holy See: The Roman Pontiff and the Roman Curia

4. Legates of the Roman Pontiff.

From the earliest times the Roman pontiff has sent legates to represent him at church
councils and local churches. In the 15 th century came the development of the papal
representative sent to States in a stable manner, who became the Nuncios of the present
day. The canons that follow are inspired by motu priprio (mp) of Pope Paul VI Solicitudo
omnium ecclesiarum. The document saw a more precise determination of the role of
papal legates and a significant shift in emphasis.
 a) Right to Appoint Legates
Canon 362 begins by asserting the right of the pope to send legates to local churches and
states:
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.

They are the official representatives of the head of the Roman Catholic Church. They are
recognized as such in international law. It is a unique prerogative of the Catholic Church.
The Papal legate who has official relations with both the Church and the government of a
country is called a nuncio (from nuntius messenger). One who relates only to the Church
and is not officially recognized by the civil government is called delegate.

b) Ecclesiastical Responsibilities
Having stated the right of the pope to appoint legates, canon 364 provides the tasks of the
legates:
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:
- 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 (1º);
- to assist bishops by action and counsel while leaving intact the exercise of their legitimate
power (2º);
- to foster close relations with the conference of bishops by offering it assistance in every way
(3º);
- 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 (4º);
- to strive to promote matters which pertain to the peace, progress, and cooperative effort of
peoples ( 5º).
- 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 ( 6º).;
- 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 (7º);
- in addition, to exercise the faculties and to fulfill other mandates which the Apostolic See
entrusts to him (8º).

The most important responsibility of the papal legates are set forth in this canon in summary
form. Although it is quite a full list, it is by no means exhaustive. What is abundantly clear from
this canon is the primacy of the ecclesiastical role of the legate: his principal contact at local
level is to be with the bishops.
 c) Diplomatic Responsibilities
As provided above legates of the Holy See also represent the pope to civil authorities in which
case his functions are governed not only by canon law but also by internal law. Canon 365
provides some diplomatic responsibilities of the legates:

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 (1º); -
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
( 2º).
In conducting the affairs mentioned in §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 ( §2.).

d) Privileges of Papal Legates

Because of the special dignity of his office, the papal legate is accorded two particular
privileges as stated in canon 366:
In view of the particular character of the function of a legate:
- 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 ;( 1º)

This means he can give faculties to priests to hear confessions in the chapel of the legation, he
can exercise his own faculties there, and he can celebrate other sacred functions. The sole
exception is marriage: delegation from the appropriate authority is always required.

The law also prescribes that,

- 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 pontifical
(2º).

This means he has the right to carry out liturgical functions in any church of the territory which
he has been appointed, even in pontificalia. This privilege is similar to that given in can. 436,3 to
metropolitan within his province.

e) Duration of Office
In keeping with canon 184, 1 which outlines the ways of losing ecclesiastical office, canon 367
indicates three ways in which the office of legate ceases:

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.
The canon outlines three ways:
1. The expiry of his mandate
2. His recall from the place to which he was sent
3. His resignation from office, if and when accepted by the pope

It is to be noted also that in keeping with canon 184,2 that the vacancy of the Apostolic see does
not have any effect on the office of the legate unless this was mentioned specifically in his letter
of appointment

C. Particular churches and Their Groupings

1. Particular Churches.
From the theological point of view, a particular church is constituted by three elements: the
people of God, the pastor, and the presbyterium. Historically particular churches have been
defined juridically on a territorial basis. The code of canon law defines particular churches as
dioceses:

Can. 368 Particular Churches, in which and from which the one and only
catholic Church exists, are principally dioceses. Unless the contrary is clear, the
following are equivalent to a diocese: a territorial prelature, a territorial abbacy,
a vicariate apostolic, a prefecture apostolic and a permanently established
apostolic administration.

Vatican II describes a Particular church in different ways: In LG it is referred to a diocese, or

their groupings, in AG it is referred to as all the churches in a given region or social context. In
CD
It is referred to as a diocese. In OE it is referred to as the ritual church or faithful sui juris who
are identified in CCEO 27 as a church sui juris. Particular Churches, in which and from which
the one and only catholic Church exists, are principally dioceses.

In the words reflecting Vat. II the canon describes particular churches as those in which and from
which the one and only catholic church exists. In this code particular churches refers first to the
diocese. Further, unless the contrary is evident, the term is also understood to describe five other
kinds of gatherings of the faithful which are likened to dioceses (see canons 370ff).

The Notion of a Diocese.

The code provides the most common form of a division or portion of the people of God in the
catholic Church.

Can. 369 A diocese is a portion of the people of God, which is entrusted to a

Bishop to be nurtured by him, with the cooperation of the presbyterium, in such
a way that, remaining close to its pastor and gathered by him through the
Gospel and the Eucharist in the Holy Spirit, it constitutes a particular Church.
 In this Church, the one, holy, catholic and apostolic Church of Christ truly exists
and functions.

The text of this canon is taken verbatim from Vatican II (CD 11). The emphasis is the community
and the presbyterium gathered around the bishop rather than the geographical territory assigned to
the bishop. The relationship between the bishop and, presbyterium and the people is described in
fundamentally dynamic terms: it is the bishop’s responsibility to gather the people in the Holy Spirit:
the means proposed for this are the proclamation of the Gospel and the celebration of the Eucharist.
The Bishop’s authority in these areas is not simply the responsibility entrusted to him, but a
fundamental part of his role as diocesan bishop. When the people of God are so gathered and
animated, the one church is founded by Christ is truly present and active.

Ecclesiastical Circumscriptions Equivalent to The Diocese.

In addition to the diocese there are other portions of the people God, or Christian communities
organized as particular churches. For this reason canon 368 says, unless it is established
otherwise, the following are equivalent to a diocese: a territorial prelature, a territorial
abbacy, a vicariate apostolic, a prefecture apostolic and a permanently established apostolic
administration. These communities are briefly described in canons 370 – 371.

The first two prescribed in canon 370 are territorial prelature and territorial Abbacy:

Can. 370 A territorial prelature or abbacy is a certain portion of the people of

God, territorially defined, the care of which is for special reasons entrusted to a
Prelate or an Abbot, who governs it, in the manner of a diocesan Bishop, as its
proper pastor.

Territorial Prelature: Territorial prelatures originated in the special privileges granted to

certain Chapters in the Middle Ages; These governed adjacent territory free from the jurisdiction
of the local diocesan Bishop, hence, their original title of prelatures nullius dioceseos, i.e. of no
dioceses. Their rights were curtailed by the council of Trent but the institution itself continued to
be accepted. All of the present prelatures were established in the 20 th century. While are found in
Europe, e.g. Loreto, Pompeii, Klaipeda in Lithuania, Tromso and Trondheim in Norway, the
greate majority are in Latin America or Philippines. They are seen as provisional arrangement in
territories not dependent on the Congregation for the Evangelization of peoples, where there are
as yet insufficient ecclesiastical structures for a diocese to be constituted.

Territorial Abbacies have undergone a similar development. Gradually the exemption from
diocesan jurisdiction enjoyed by the monastic community was extended to communities outside
which depended on the monastery for their pastoral care. In 1976 Pope Paul VI decided that no
more territorial abbacies should be created, save in most exceptional circumstances.

In the context of this canon, the term prelate means someone entrusted with hierarchical
authority though not necessarily a Bishop. In practice however it is customary for territorial
prelates to be ordained bishops, whereas territorial abbots are not. Both the territorial abbots and
prelates are described as proper pastors because they are given their power by the law itself and
are not exercising it in the name of the Supreme Pontiff or the local bishop even if their
territories are enclaves within dioceses. Even if they are not ordained bishops, they have the right
of membership in the bishop’s conference.

Apostolic Vicariate and Apostolic Prefecture

The next canon describes two particular churches found in missionary lands and not yet
established as diocese: the apostolic prefecture and apostolic vicariate

Can. 371 §1 A vicariate apostolic or a prefecture apostolic is a certain portion of the

people of God, which for special reasons is not yet constituted a diocese, and which is
entrusted to the pastoral care of a Vicar apostolic or a Prefect apostolic, who governs it
in the name of the Supreme Pontiff.
§2 An apostolic administration is a certain portion of the people of God which, for
special and particularly serious reasons, is not yet established by the Supreme Pontiff as
a diocese, and whose pastoral care is entrusted to an apostolic Administrator, who
governs it in the name of the Supreme Pontiff.

Vicars, Prefects, and Administrators apostolic differ from territorial prelatures and abbots in that their
power is not proper but vicariate: it is exercised in the name of the Roman Pontiff. However, in other
respects they have the same power and rights and are equally regarded as equivalent to diocesan
bishops. Vicars apostolic are normally in episcopal orders but prefects apostolic are not. Vicariates and
prefectures are understood to be stages towards the establishment of a diocese. The first stage in this
process (not mentioned in the code) is the establishment of the mission sui juris, followed by the
erection of a prefecture, and the final stage before that of a diocese is that of Apostolic Vicariate.

Apostolic Administrations are distinct and extraordinary arrangement. From 13 th century onwards vthe
Pope occasionally appointed an apostolic administrator to a Vacant see. Currently they are erected by
the congregation for bishops in consultation with the secretariat of state. Several have been erected in
recent years to cater for Catholics living in the state of the former Soviet Union. The criteria for the
establishment of an Apostolic Administration appear to be delicate political situations preventing a more
stable arrangement.
Bishops in General.

The term bishop comes from the Greek episkopos, which means overseer or
superintendent. The present law states that
Can. 375 §1 By divine institution, Bishops succeed the Apostles through the Holy Spirit
who is given to them. They are constituted Pastors in the Church, to be the teachers of
doctrine, the priests of sacred worship and the ministers of governance.
§2 By their episcopal consecration, Bishops receive, together with the office of
sanctifying, the offices also of teaching and of ruling, which however, by their
nature, can be exercised only in hierarchical communion with the head of the
College and its members.
The office of the Bishop is not simply an administrative convenience established by the church, and
therefore something which could be abandoned, rather in keeping with the teaching of Vatican II it is
part of Christ’s will for his church. As a body the college of bishops is understood to be the successors of
the Apostles. This succession is not a mere human affair but of divine institution although no indication
is given of the nature of the institution. The basis threefold ministry spelt in this canon is a gift and a
responsibility untrusted to the Bishop by the Holy Spirit: to be a teacher of the doctrine, a priest of
sacred worship, and a minister of governance.
The offices of sanctifying, teaching, and ruling are conferred on all bishops in their episcopal
consecration. However, the canon makes clear that the exercise of this ministry is dependent upon the
Bishop’s and with the rest of the members of the college. Practical expressions of this hierarchical
communion are contained in the apostolic letters by which a bishop is appointed, membership of the
bishop’s conference, etc. Diocesan titular bishops. the code provides two types of bishops: the
diocesan bishop and the titular bishops.

Can. 376 Bishops to whom the care of a given diocese is entrusted are called diocesan
Bishops; the others are called titular Bishops.

Bishops are called diocesan when a diocese has been entrusted to them. All other bishops e.g.
auxiliaries, retired, etc., are called “titular” that is they have been given a nominal see, one which
no longer exists, as a symbol of their relationship to a “portion of People of God” (c. 376). The
pope either appoints bishops or confirms those who have been elected (c. 377, 1). The duties of
diocesan bishops are listed in canons 383 – 400.

Appointment of Bishops

In the early centuries, a bishop was elected by popular vote. Gradually, however, the election
came to be restricted to members of the clergy of the diocese. As a result of the growth of
interference in these elections by civil authorities, the Holy See came to reserve to itself the right
to appoint bishops. Today, in fact, the majority of bishops in the catholic church are freely
appointed by the Roman Pontiff. Canon 377 provides the procedure of obtaining the bishop:

Can. 377 §1 The Supreme Pontiff freely appoints Bishops or confirms those lawfully
elected. §2 At least every three years, the Bishops of an ecclesiastical province or, if
circumstances suggest it, of an Episcopal Conference, are to draw up, by common
accord and in secret, a list of priests, even of members of institutes of consecrated life,
who are suitable for the episcopate; they are to send this list to the Apostolic See. This is
without prejudice to the right of every Bishop individually to make known to the
Apostolic See the names of priests whom he thinks are worthy and suitable for the
episcopal office.
§3 Unless it has been lawfully prescribed otherwise, for the appointment of a diocesan
Bishop or a coadjutor Bishop, a ternus, as it is called, is to be proposed to the Apostolic
See. In the preparation of this list, it is the responsibility of the papal Legate to seek
individually the suggestions of the Metropolitan and of the Suffragans of the province to
which the diocese in question belongs or with which it is joined in some grouping, as
well as the suggestions of the president of the Episcopal Conference. The papal Legate
is, moreover, to hear the views of some members of the college of consultors and of the
cathedral chapter. If he judges it expedient, he is also to seek individually, and in secret,
the opinions of other clerics, both secular and religious, and of lay persons of
outstanding wisdom. He is then to send these suggestions, together with his own opinion,
to the Apostolic See.
 §4 Unless it has been lawfully provided otherwise, the diocesan Bishop who judges that
his diocese requires an auxiliary Bishop, is to propose to the Apostolic See a list of the
names of at least three priests suitable for this office.
§5 For the future, no rights or privileges of election, appointment, presentation or
designation of Bishops are conceded to civil authorities.

When appointment must be made for a new diocesan bishop or a coadjutor, the law envisages a
further process. This involves the preparation of a short-list of names of candidates for the office.
Responsibility for drawing up the list rests with the papal legates. To do so he must the consult the
bishops of an ecclesiastical province concerned and the president of the bishop’s conference, asking
for suggestions; he is also required to seek the views of some of the diocesan consultors and
members of cathedral chapters. This procedure must be followed in all cases for the provision of a
diocesan bishop or a coadjutor, except where particular law or custom has established otherwise, e.g.
in those diocese where the bishop is elected by the cathedral chapter.

Qualifications to be a bishop
The following canon lists qualifications required for the office of the bishop.

Can. 378 §1 To be a suitable candidate for the episcopate, a person must:

1° be outstanding in strong faith, good morals, piety, zeal for souls, wisdom, prudence
and human virtues, and possess those other gifts which equip him to fulfil the office in
question; 2° be held in good esteem;
3° be at least 35 years old;
4° be a priest ordained for at least five years;
5° hold a doctorate or at least a licentiate in sacred Scripture, theology or canon
law, from an institute of higher studies approved by the Apostolic See, or at least be
well versed in these disciplines.
The canon makes it clear that, whatever the outcome of any consultation, the definitive
judgement on the suitability of a candidates rests with the Holy See. Thus certain
requirements of suitability of a priest such as age can be dispensed. Requirement of
Episcopal Consecrate

a) Auxiliary Bishops:
When the pastoral needs of a diocese suggest it, one or more auxiliary bishops are to be
appointed at the request of the diocesan bishop. An auxiliary bishop does not possess the
right of succession. (c. 403, 1).

b) Coadjutor
(f) In more serious circumstances, even of a personal nature, an auxiliary bishop
provided with special faculties can be given to a diocesan bishop (c. 403, 2).
If it appears more opportune to the Holy See, it can appoint ex officio a coadjutor
bishop
 who also has special faculties. A coadjutor bishop possesses the right of succession.
(c. 403, 3) When the Episcopal see is vacant, the coadjutor bishop immediately
becomes the bishop of the diocese for which he had been appointed provided that he
has legitimately taken possession of it. (c. 409)

2. Groupings of Particular churches

There are supra diocesan organizations in the church which do not establish a hierarchical
dependence between the dioceses nor do they constitute a particular church above the
particular churches.

a) Provinces.
To promote the common pastoral action of different neighboring dioceses according to
the circumstances of persons and places and to foster more suitably the relations of the
diocesan bishops among themselves, neighboring particular churches are to be brought
together into ecclesiastical provinces limited to a certain territory (431, 1).

b) Metropolitan.
A metropolitan, who is the archbishop of his diocese, presides over an ecclesiastical
province. The office of metropolitan is joined with an episcopal see determined or
approved by the Roman Pontiff (c. 435). In the suffragan dioceses, a metropolitan is
competent: 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;(c. 436 §1 1º); to
conduct a canonical visitation for a cause previously approved by the Apostolic See if a
suffragan has neglected it; (436 §1 2º); 3º to designate a diocesan administrator
according to the norm of cann. 421, §2, and 425, §3. (436 §1 3º). Where circumstances
demand it, the Apostolic See can endow a metropolitan with special functions and power
to be determined in particular law. (436 §2.); The metropolitan has no other power of
governance in the suffragan dioceses. (436 §3. 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.

c) Particular councils.
Particular councils are those which the bishops of a given territory. The territory is that
of a conference of bishops, it is called plenary council (439); if it is that of a province it is
called provincial (c. 440)

d) Conference of bishops.
A conference of bishops, a permanent institution, is a group of bishops of some nation or
certain territory who jointly exercise certain pastoral functions for the Christian faithful of
their territory in order to promote the greater good which the Church offers to humanity,
especially through forms and programs of the apostolate fittingly adapted to the
circumstances of time and place, according to the norm of law. (Can. 447). As a general
rule, a conference of bishops includes those who preside over all the particular churches
of the same nation, according to the norm of can. 450.