Code of Canon Law 264


CHAPTER II. THE ENROLLMENT, OR INCARDINATION, OF CLERICS


265 Every cleric must be incardinated either in a particular church or personal prelature, or in an institute of consecrated life or society endowed with this faculty, in such a way that unattached or transient clerics are not allowed at all.


266 §1. Through the reception of the diaconate, a person becomes a cleric and is incardinated in the particular church or personal prelature for whose service he has been advanced.

§2. Through the reception of the diaconate, a perpetually professed religious or a definitively incorporated member of a clerical society of apostolic life is incardinated as a cleric in the same institute or society unless, in the case of societies, the constitutions establish otherwise.

§3. Through the reception of the diaconate, a member of a secular institute is incardinated in the particular church for whose service he has been advanced unless he is incardinated in the institute itself by virtue of a grant of the Apostolic See.


267 §1. For a cleric already incardinated to be incardinated validly in another particular church, he must obtain from the diocesan bishop a letter of excardination signed by the same bishop and a letter of incardination from the diocesan bishop of the particular church in which he desires to be incardinated signed by that bishop.

§2. Excardination thus granted does not take effect unless incardination in another particular church has been obtained.


268 §1. A cleric who has legitimately moved from his own particular church to another is incardinated in the latter particular church by the law itself after Five years if he has made such a desire known in writing both to the diocesan bishop of the host church and to his own diocesan bishop and neither of them has expressed opposition in writing to him within four months of receiving the letter.

§2. Through perpetual or definitive admission into an institute of consecrated life or into a society of apostolic life, a cleric who is incardinated in the same institute or society according to the norm of
CIC 266, §2 is excardinated from his own particular church.


269 A diocesan bishop is not to allow the incardination of a cleric unless:

1/ the necessity or advantage of his own particular church demands it, and without prejudice to the prescripts of the law concerning the decent support of clerics;

2/ he knows by a lawful document that excardination has been granted, and has also obtained from the excardinating bishop, under secrecy if need be, appropriate testimonials concerning the cleric’s life, behavior and studies;

3/ the cleric has declared in writing to the same diocesan bishop that he wishes to be dedicated to the service of the new particular church according to the norm of law.


270 Excardination can be licitly granted only for just causes such as the advantage of the Church or the good of the cleric himself. It cannot be denied, however, except for evident, grave causes. A cleric who thinks he has been wronged and has found an accepting bishop, however, is permitted to make recourse against the decision.


271 §1. Apart from the case of true necessity of his own particular church, a diocesan bishop is not to deny permission to clerics, whom he knows are prepared and considers suitable and who request it, to move to regions laboring under a grave lack of clergy where they will exercise the sacred ministry. He is also to make provision that the rights and duties of these clerics are determined through a written agreement with the diocesan bishop of the place they request.

§2. A diocesan bishop can grant permission for his clerics to move to another particular church for a predetermined time, which can even be renewed several times. Nevertheless, this is to be done so that these clerics remain incardinated in their own particular church and, when they return to it, possess all the rights which they would have had if they had been dedicated to the sacred ministry there.

§3. For a just cause the diocesan bishop can recall a cleric who has moved legitimately to another particular church while remaining incardinated in his own church provided that the agreements entered into with the other bishop and natural equity are observed; the diocesan bishop of the other particular church, after having observed these same conditions and for a just cause, likewise can deny the same cleric permission for further residence in his territory.


272 A diocesan administrator cannot grant excardination or incardination or even 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.


CHAPTER III. THE OBLIGATIONS AND RIGHTS OF CLERICS


273 Clerics are bound by a special obligation to show reverence and obedience to the Supreme Pontiff and their own ordinary.


274 §1. Only clerics can obtain offices for whose exercise the power of orders or the power of ecclesiastical governance is required.

§2. Unless a legitimate impediment excuses them, clerics are bound to undertake and fulfill faithfully a function which their ordinary has entrusted to them.


275 §1. Since clerics all work for the same purpose, namely, the building up of the Body of Christ, they are to be united among themselves by a bond of brotherhood and prayer and are to strive for cooperation among themselves according to the prescripts of particular law.

§2. Clerics are to acknowledge and promote the mission which the laity, each for his or her part, exercise in the Church and in the world.


276 §1. In leading their lives, clerics are bound in a special way to pursue holiness since, having been consecrated to God by a new title in the reception of orders, they are dispensers of the mysteries of God in the service of His people.

§2. In order to be able to pursue this perfection:

1/ they are first of all to fulfill faithfully and tirelessly the duties of the pastoral ministry;

2/ they are to nourish their spiritual life from the two-fold table of sacred scripture and the Eucharist; therefore, priests are earnestly invited to offer the eucharistic sacrifice daily and deacons to participate in its offering daily;

3/ priests and deacons aspiring to the presbyterate are obliged to carry out the liturgy of the hours daily according to the proper and approved liturgical books; permanent deacons, however, are to carry out the same to the extent defined by the conference of bishops;

4/ they are equally bound to make time for spiritual retreats according to the prescripts of particular law;

5/ they are urged to engage in mental prayer regularly, to approach the sacrament of penance frequently, to honor the Virgin Mother of God with particular veneration, and to use other common and particular means of sanctification.


277 §1. Clerics are obliged to observe perfect and perpetual continence for the sake of the kingdom of heaven and therefore are bound to celibacy which is a special gift of God by which sacred ministers can adhere more easily to Christ with an undivided heart and are able to dedicate themselves more freely to the service of God and humanity.

§2. Clerics are to behave with due prudence towards persons whose company can endanger their obligation to observe continence or give rise to scandal among the faithful.

§3. The diocesan bishop is competent to establish more specific norms concerning this matter and to pass judgment in particular cases concerning the observance of this obligation.


278 §1. Secular clerics have the right to associate with others to pursue purposes in keeping with the clerical state.

§2. Secular clerics are to hold in esteem especially those associations which, having statutes recognized by competent authority, foster their holiness in the exercise of the ministry through a suitable and properly approved rule of life and through fraternal assistance and which promote the unity of clerics among themselves and with their own bishop.

§3. Clerics are to refrain from establishing or participating in associations whose purpose or activity cannot be reconciled with the obligations proper to the clerical state or can prevent the diligent fulfillment of the function entrusted to them by competent ecclesiastical authority.


279 §1. Even after ordination to the priesthood, clerics are to pursue sacred studies and are to strive after that solid doctrine founded in sacred scripture, handed on by their predecessors, and commonly accepted by the Church, as set out especially in the documents of councils and of the Roman Pontiffs. They are to avoid profane novelties and pseudo-science.

§2. According to the prescripts of particular law, priests are to attend pastoral lectures held after priestly ordination and, at times established by the same law, are also to attend other lectures, theological meetings, and conferences which offer them the opportunity to acquire a fuller knowledge of the sacred sciences and pastoral methods.

§3. They are also to acquire knowledge of other sciences, especially of those which are connected with the sacred sciences, particularly insofar as such knowledge contributes to the exercise of pastoral ministry.


280 Some practice of common life is highly recommended to clerics; where it exists, it must be preserved as far as possible.


281 §1. Since clerics dedicate themselves to ecclesiastical ministry, they deserve remuneration which is consistent with their condition, taking into account the nature of their function and the conditions of places and times, and by which they can provide for the necessities of their life as well as for the equitable payment of those whose services they need.

§2. Provision must also be made so that they possess that social assistance which provides for their needs suitably if they suffer from illness, incapacity, or old age.

§3. Married deacons who devote themselves completely to ecclesiastical ministry deserve remuneration by which they are able to provide for the support of themselves and their families. Those who receive remuneration by reason of a civil profession which they exercise or have exercised, however, are to take care of the needs of themselves and their families from the income derived from it.


282 §1. Clerics are to foster simplicity of life and are to refrain from all things that have a semblance of vanity.

§2. They are to wish to use for the good of the Church and works of charity those goods which have come to them on the occasion of the exercise of ecclesiastical office and which are left offer after provision has been made for their decent support and for the fulfillment of all the duties of their own state.


283 §1. Even if clerics do not have a residential office, they nevertheless are not to be absent from their diocese for a notable period of time, to be determined by particular law, without at least the presumed permission of their proper ordinary.

§2. They are entitled, however, to a fitting and sufficient time of vacation each year as determined by universal or particular law.


284 Clerics are to wear suitable ecclesiastical garb according to the norms issued by the conference of bishops and according to legitimate local customs.


285 §1. Clerics are to refrain completely from all those things which are unbecoming to their state, according to the prescripts of particular law.

§2. Clerics are to avoid those things which, although not unbecoming, are nevertheless foreign to the clerical state.

§3. Clerics are forbidden to assume public offices which entail a participation in the exercise of civil power.

§4. Without the permission of their ordinary, they are not to take on the management of goods belonging to lay persons or secular offices which entail an obligation of rendering accounts. They are prohibited from giving surety even with their own goods without consultation with their proper ordinary. They also are to refrain from signing promissory notes, namely, those through which they assume an obligation to make payment on demand.


286 Clerics are prohibited from conducting business or trade personally or through others, for their own advantage or that of others, except with the permission of legitimate ecclesiastical authority.


287 §1. Most especially, clerics are always to foster the peace and harmony based on justice which are to be observed among people.

§2. They are not to have an active part in political parties and in governing labor unions unless, in the judgment of competent ecclesiastical authority, the protection of the rights of the Church or the promotion of the common good requires it.


288 The prescripts of cann. CIC 284 CIC 285, §§3 and 4, CIC 286, and CIC 287, §2 do not bind permanent deacons unless particular law establishes otherwise.


289 §1. Since military service is hardly in keeping with the clerical state, clerics and candidates for sacred orders are not to volunteer for military service except with the permission of their ordinary.

§2. Clerics are to use exemptions from exercising functions and public civil offices foreign to the clerical state which laws and agreements or customs grant in their favor unless their proper ordinary has decided otherwise in particular cases.


CHAPTER IV. LOSS OF THE CLERICAL STATE


290 Once validly received, sacred ordination never becomes invalid. A cleric, nevertheless, loses the clerical state:

1/ by a judicial sentence or administrative decree, which declares the invalidity of sacred ordination;

2/ by a judicial sentence or administrative decree, which declares the invalidity of sacred ordination;

3/ by rescript of the Apostolic See which grants it to deacons only for grave causes and to presbyters only for most grave causes.


291 Apart from the case mentioned in CIC 290, n. 1, loss of the clerical state does not entail a dispensation from the obligation of celibacy, which only the Roman Pontiff grants.


292 A cleric who loses the clerical state according to the norm of law loses with it the rights proper to the clerical state and is no longer bound by any obligations of the clerical state, without prejudice to the prescript of CIC 291. He is prohibited from exercising the power of orders, without prejudice to the prescript of CIC 976. By the loss of the clerical state, he is deprived of all offices, functions, and any delegated power.


293 A cleric who loses the clerical state cannot be enrolled among clerics again except through a rescript of the Apostolic See.



TITLE IV. PERSONAL PRELATURES (Cann. 294 - 297)


294 After the conferences of bishops involved have been heard, the Apostolic See can erect personal prelatures, which consist of presbyters and deacons of the secular clergy, to promote a suitable distribution of presbyters or to accomplish particular pastoral or missionary works for various regions or for different social groups.


295 §1. The statutes established by the Apostolic See govern a personal prelature, and a prelate presides offer it as the proper ordinary; he has the right to erect a national or international seminary and even to incardinate students and promote them to orders under title of service to the prelature.

§2. The prelate must see to both the spiritual formation and decent support of those whom he has promoted under the above-mentioned title.


296 Lay persons can dedicate themselves to the apostolic works of a personal prelature by agreements entered into with the prelature. The statutes, however, are to determine suitably the manner of this organic cooperation and the principal duties and rights connected to it.


297 The statutes likewise are to define the relations of the personal prelature with the local ordinaries in whose particular churches the prelature itself exercises or desires to exercise its pastoral or missionary works, with the previous consent of the diocesan bishop.



TITLE V. ASSOCIATIONS OF THE CHRISTIAN FAITHFUL (Cann. 298 - 329)


CHAPTER I. COMMON NORMS


298 §1. In the Church there are associations distinct from institutes of consecrated life and societies of apostolic life; in these associations the Christian faithful, whether clerics, lay persons, or clerics and lay persons together, strive in a common endeavor to foster a more perfect life, to promote public worship or Christian doctrine, or to exercise other works of the apostolate such as initiatives of evangelization, works of piety or charity, and those which animate the temporal order with a Christian spirit.

§2. The Christian faithful are to join especially those associations which competent ecclesiastical authority has erected, praised, or commended.


299 §1. By means of a private agreement made among themselves, the Christian faithful are free to establish associations to pursue the purposes mentioned in CIC 298, §1, without prejudice to the prescript of CIC 301, §1.

§2. Even if ecclesiastical authority praises or commends them, associations of this type are called private associations.

§3. No private association of the Christian faithful is recognized in the Church unless competent authority reviews its statutes.


300 No association is to assume the name Catholic without the consent of competent ecclesiastical authority according to the norm of CIC 312.


301 §1. It is for the competent ecclesiastical authority alone to erect associations of the Christian faithful which propose to hand on Christian doctrine in the name of the Church or to promote public worship, or which intend other purposes whose pursuit is of its nature reserved to the same ecclesiastical authority.

§2. Competent ecclesiastical authority, if it has judged it expedient, can also erect associations of the Christian faithful to pursue directly or indirectly other spiritual purposes whose accomplishment has not been sufficiently provided for through the initiatives of private persons.

§3. Associations of the Christian faithful which are erected by competent ecclesiastical authority are called public associations.


302 Those associations of the Christian faithful are called clerical which are under the direction of clerics, assume the exercise of sacred orders, and are recognized as such by competent authority.


303 Associations whose members share in the spirit of some religious institute while in secular life, lead an apostolic life, and strive for Christian perfection under the higher direction of the same institute are called third orders or some other appropriate name.


304 §1. All public or private associations of the Christian faithful, by whatever title or name they are called, are to have their own statutes which define the purpose or social objective of the association, its seat, government, and conditions required for membership and which determine the manner of its acting, attentive, however, to the necessity or advantage of time and place.

§2. They are to choose a title or name for themselves adapted to the usage of time and place, selected above all with regard to their intended purpose.


305 §1. All associations of the Christian faithful are subject to the vigilance of competent ecclesiastical authority which is to take care that the integrity of faith and morals is preserved in them and is to watch so that abuse does not creep into ecclesiastical discipline. This authority therefore has the duty and right to inspect them according to the norm of law and the statutes. These associations are also subject to the governance of this same authority according to the prescripts of the canons which follow.

§2. Associations of any kind are subject to the vigilance of the Holy See; diocesan associations and other associations to the extent that they work in the diocese are subject to the vigilance of the local ordinary.


306 In order for a person to possess the rights and privileges of an association and the indulgences and other spiritual favors granted to the same association, it is necessary and sufficient that the person has been validly received into it and has not been legitimately dismissed from it according to the prescripts of law and the proper statutes of the association.


307 §1. The reception of members is to be done according to the norm of law and the statutes of each association.

§2. The same person can be enrolled in several associations.

§3. Members of religious institutes can join associations according to the norm of their proper law with the consent of their superior.


308 No one legitimately enrolled is to be dismissed from an association except for a just cause according to the norm of law and the statutes.


309 According to the norm of law and the statutes, legitimately established associations have the right to issue particular norms respecting the association itself, to hold meetings, and to designate moderators, officials, other officers, and administrators of goods.


310 A private association which has not been established as a juridic person cannot, as such, be a subject of obligations and rights. Nevertheless, the members of the Christian faithful associated together in it can jointly contract obligations and can acquire and possess rights and goods as co-owners and co-possessors; they are able to exercise these rights and obligations through an agent or a proxy.


311 Members of institutes of consecrated life who preside offer or assist associations in some way united to their institute are to take care that these associations give assistance to the works of the apostolate which already exist in a diocese, especially cooperating, under the direction of the local ordinary, with associations which are ordered to the exercise of the apostolate in the diocese.


CHAPTER II. PUBLIC ASSOCIATIONS OF THE CHRISTIAN FAITHFUL


312 §1. The authority competent to erect public associations is:

1/ the Holy See for universal and international associations;

2/ the conference of bishops in its own territory for national associations, that is, those which from their founding are directed toward activity throughout the whole nation;

3/ the diocesan bishop in his own territory, but not a diocesan administrator, for diocesan associations, except, however, for those associations whose right of erection has been reserved to others by apostolic privilege.

§2. Written consent of the diocesan bishop is required for the valid erection of an association or section of an association in a diocese even if it is done by virtue of apostolic privilege. Nevertheless, the consent given by a diocesan bishop for the erection of a house of a religious institute is also valid for the erection in the same house or church attached to it of an association which is proper to that institute.


313 Through the same decree by which the competent ecclesiastical authority according to the norm of CIC 312 erects it, a public association and even a confederation of public associations is constituted a juridic person and, to the extent it is required, receives a mission for the purposes which it proposes to pursue in the name of the Church.


314 The statutes of each public association and their revision or change need the approval of the ecclesiastical authority competent to erect the association according to the norm of CIC 312, §1.


315 Public associations are able on their own initiative to undertake endeavors in keeping with their own character. These endeavors are governed according to the norm of the statutes, though under the higher direction of the ecclesiastical authority mentioned in CIC 312, §1.


316 §1. A person who has publicly rejected the Catholic faith, has defected from ecclesiastical communion, or has been punished by an imposed or declared excommunication cannot be received validly into public associations.

§2. Those enrolled legitimately who fall into the situation mentioned in §1, after being warned, are to be dismissed from the association, with due regard for its statutes and without prejudice to the right of recourse to the ecclesiastical authority mentioned in
CIC 312, §1.


317 §1. Unless the statutes provide otherwise, it is for the ecclesiastical authority mentioned in CIC 312, §1 to confirm the moderator of a public association elected by the public association itself, install the one presented, or appoint the moderator in his own right. The same ecclesiastical authority also appoints the chaplain or ecclesiastical assistant, after having heard the major officials of the association, when it is expedient.

§2. The norm stated in §1 is also valid for associations which members of religious institutes erect outside their own churches or houses in virtue of apostolic privilege. In associations which members of religious institutes erect in their own church or house, however, the nomination or confirmation of the moderator and chaplain pertains to the superior of the institute, according to the norm of the statutes.

§3. In associations which are not clerical, lay persons are able to exercise the function of moderator. A chaplain or ecclesiastical assistant is not to assume that function unless the statutes provide otherwise.

§4. Those who exercise leadership in political parties are not to be moderators in public associations of the Christian faithful which are ordered directly to the exercise of the apostolate.


318 §1. In special circumstances and where grave reasons require it, the ecclesiastical authority mentioned in CIC 312, §1 can designate a trustee who is to direct the association for a time in its name.

§2. The person who appointed or confirmed the moderator of a public association can remove the moderator for a just cause, after the person has heard, however, the moderator and the major officials of the association according to the norm of the statutes. The person who appointed a chaplain can remove him according to the norm of CIC 192-195.


319 §1. Unless other provision has been made, a legitimately erected public association administers the goods which it possesses according to the norm of the statutes under the higher direction of the ecclesiastical authority mentioned in CIC 312, §1, to which it must render an account of administration each year.

§2. It must also render to the same authority a faithful account of the expenditure of the offerings and alms which it has collected.


320 §1. Only the Holy See can suppress associations it has erected.

§2. For grave causes, a conference of bishops can suppress associations it has erected. A diocesan bishop can suppress associations he has erected and also associations which members of religious institutes have erected through apostolic indult with the consent of the diocesan bishop.

§3. The competent authority is not to suppress a public association unless the authority has heard its moderator and other major officials.


CHAPTER III. PRIVATE ASSOCIATIONS OF THE CHRISTIAN FAITHFUL


321 The Christian faithful guide and direct private associations according to the prescripts of the statutes.


322 §1. A private association of the Christian faithful can acquire juridic personality through a formal decree of the competent ecclesiastical authority mentioned in CIC 312.

§2. No private association of the Christian faithful can acquire juridic personality unless the ecclesiastical authority mentioned in CIC 312, §1 has approved its statutes. Approval of the statutes, however, does not change the private nature of the association.


323 §1. Although private associations of the Christian faithful possess autonomy according to the norm of CIC 321, they are subject to the vigilance of ecclesiastical authority according to the norm of CIC 305 and even to the governance of the same authority.

§2. It also pertains to ecclesiastical authority, while respecting the autonomy proper to private associations, to be watchful and careful that dissipation of their energies is avoided and that their exercise of the apostolate is ordered to the common good.


324 §1. A private association of the Christian faithful freely designates its moderator and officials according to the norm of the statutes.

§2. A private association of the Christian faithful can freely choose a spiritual advisor, if it desires one, from among the priests exercising ministry legitimately in the diocese; nevertheless, he needs the confirmation of the local ordinary.


325 §1. A private association of the Christian faithful freely administers those goods it possesses according to the prescripts of the statutes, without prejudice to the right of competent ecclesiastical authority to exercise vigilance so that the goods are used for the purposes of the association.

§2. A private association is subject to the authority of the local ordinary according to the norm of
CIC 1301 in what pertains to the administration and distribution of goods which have been donated or left to it for pious causes.


326 §1. A private association of the Christian faithful ceases to exist according to the norm of its statutes. The competent authority can also suppress it if its activity causes grave harm to ecclesiastical doctrine or discipline or is a scandal to the faithful.

§2. The allocation of the goods of an association which has ceased to exist must be determined according to the norm of its statutes, without prejudice to acquired rights and the intention of the donors.


CHAPTER IV. SPECIAL NORMS FOR ASSOCIATIONS OF THE LAITY


327 Lay members of the Christian faithful are to hold in esteem associations established for the spiritual purposes mentioned in CIC 298, especially those which propose to animate the temporal order with the Christian spirit and in this way greatly foster an intimate union between faith and life.


328 Those who preside offer associations of the laity, even those which have been erected by virtue of apostolic privilege, are to take care that their associations cooperate with other associations of the Christian faithful where it is expedient and willingly assist various Christian works, especially those in the same territory.


329 Moderators of associations of the laity are to take care that the members of the association are duly formed to exercise the apostolate proper to the laity.



SECTION I. THE SUPREME AUTHORITY OF THE CHURCH (Cann. 330 - 367)


CHAPTER I. THE ROMAN PONTIFF AND THE COLLEGE OF BISHOPS


330 Just as by the Lord’s decision Saint Peter and the other Apostles constitute one college, so in a like manner the Roman Pontiff, the successor of Peter, and the bishops, the successors of the Apostles, are united among themselves.



Art. 1. THE ROMAN PONTIFF


331 The bishop of the Roman Church, in whom continues the office given by the Lord uniquely to Peter, the first of the Apostles, and to be transmitted to his successors, is the head of the college of bishops, the Vicar of Christ, and the pastor of the universal Church on earth. By virtue of his office he possesses supreme, full, immediate, and universal ordinary power in the Church, which he is always able to exercise freely.


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.

§2. 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.


333 §1. By virtue of his office, the Roman Pontiff not only possesses power offer the universal Church but also obtains the primacy of ordinary power offer 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.

§2. 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.

§3. No appeal or recourse is permitted against a sentence or decree of the Roman Pontiff.


334 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.


335 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.




Code of Canon Law 264