CODE OF CANONS OF THE EASTERN CHURCHES : TITLE VII – EPARCHIES AND BISHOPS

 CODE OF CANONS OF THE EASTERN CHURCHES : TITLE VII – EPARCHIES AND BISHOPS

TITLE: VII

EPARCHIES AND BISHOPS

 

CHAPTER I

BISHOPS

Can.177 - §1. An eparchy is a portion of the people of God which is entrusted for pastoral care to a bishop with the cooperation of the presbyterate so that, adhering to its pastor and gathered by him in the Holy Spirit through the Gospel and the Eucharist, it constitutes a particular Church in which the one, holy, catholic and apostolic Church of Christ is truly present and operative.

§2. In the erection, modification, and suppression of eparchies within the territorial boundaries of a patriarchal Church, can.85, §1 is to be observed; in other cases, the erection, modification and suppression of eparchies is solely within the competence of the Apostolic See.

Can.178 – The eparchial bishop, as a vicar and legate of Christ, governs in his own name the eparchy entrusted to him for shepherding. This power, which he exercises personally in the name of Christ, is proper, ordinary and immediate, although its exercise is ultimately regulated by the Supreme Authority of the Church and can be defined with certain limits should the usefulness of the Church or the Christian faithful require it.

Can.179 – Bishops to whom as eparchy has not been entrusted for governing in their own name, whatever other function in the Church they exercise or exercised, are called titular bishops.

 

ART.I

THE ELECTION OF BISHOPS

 

Can.180 – In order for a person to be considered suitable for the episcopate, it is required that he:

            1° demonstrate solid faith, good morals, piety, zeal for souls and prudence;

            2° enjoy a good reputation;

            3° not be bound by a matrimonial bond;

            4° be at least thirty-five years old;

            5° ordained a presbyter for at least five years;

            6° possess a doctorate or licentiate in some sacred science or at least be an expert in it.

Can.181 - §1. Bishops inside the territorial boundaries of the patriarchal Church are nominated to a vacant see or to fulfill another function by canonical election according to the norms of cann.947 – 957, unless otherwise provided in common law.

§2. Other bishops are appointed by the Roman Pontiff without prejudice to cann.149 and 168.

Can.182 - §1. Candidates suitable for the episcopate can be proposed only by members of the synod of bishops of the patriarchal Church who can, according to the norm of particular law, collect information and documents which are necessary to establish the suitability of the candidates, hearing, if they think it appropriate, secretly and individually, certain presbyters or also other Christian faithful outstanding in prudence and Christian life.

§2. The bishops are to report their findings to the patriarch at a suitable time prior to the convocation of the synod of bishops of the patriarchal Church. The patriarch, if the case warrants it, adding his own additional information, transmits the matter to all the members of the synod.

§3. Unless particular law approved by the Roman Pontiff states otherwise, the synod of bishops of the patriarchal Church is to examine the names of the candidates and compile a list of the candidates by secret ballot, which is to be transmitted through the patriarch to the Apostolic See to obtain the assent of the Roman Pontiff.

§4. The assent of the Roman Pontiff once given for an individual candidate is valid until it has been explicitly revoked, in which case the name of the candidate is to be removed from the list.

Can.183 - §1. The convocation having been canonically made, if two-thirds of the bishops who are obliged to attend the synod of bishops of the patriarchal Church are present in the designated place, not counting those who are legitimately impeded, the synod is to be declared canonical and the election can proceed.

§2. The bishops are freely to elect the one whom before all others they consider worthy and suitable before the Lord

§3. For election an absolute majority of the votes of those present is required; after three inconclusive ballots, the votes are cast in the fourth ballot for only those two candidates who received the greatest number of votes in the third ballot.

§4. If in the third or fourth ballots, because of a tied vote, it is not established who the candidates are for the new ballot or who has been elected, the tie is decided in favor of him who is senior according to presbyteral ordination. If no one precedes the others in presbyteral ordination, the one who is senior in age.

Can.184 - §1. If the one elected is on the list of candidates which the Roman Pontiff has already approved, he is to be informed secretly of the results of the election by the patriarch.

§2. If the one elected accepts the election, the patriarch is to notify the Apostolic See immediately of the acceptance of the election and the day of proclamation.

Can.185 - §1. If the one elected is not on the list of candidates, the patriarch is immediately to notify the Apostolic See of the completed election in order to obtain the approval of the Roman Pontiff, secrecy being observed by all who in any way know the results of the election, even toward the one elected, until notification of the assent has reached the patriarch.

§2. After obtaining the approval of the roman Pontiff, the patriarch secretly is to inform the one elected of the election and acts according to the norms of can.184, §2.

Can.186 - §1. If the synod of bishops of the patriarchal Church cannot be convened, the patriarch, after consulting the Apostolic See, can request the vote of the bishops by letter. In this case, the patriarch must employ for the validity of the act the services of two episcopal tellers, who are to be designated according to the norm of particular law, or, lacking this, by the patriarch with the consent of the permanent synod.

§2. Observing secrecy, the tellers are to open the letters of the bishops, count the votes and sign the written report of the completed ballot along with the patriarch.

§3. If one of the candidates obtains an absolute majority of the votes of the members of the synod in this one ballot, he is elected and the patriarch proceeds according to the norms of cann.184 and 185. Otherwise, the patriarch defers the matter to the Apostolic See.

Can.187 - §1. Canonical provision is necessary for anyone to be promoted to the episcopate, by which the person is constituted the eparchial bishop of a determined eparchy or by which another determined function in the Church is committed to him.

§2. Prior to episcopal ordination the candidate is to make a profession of faith and a promise of obedience to the Roman Pontiff and, in patriarchal Churches, also a promise of obedience to the patriarch in those matters in which he is subject to the patriarch according to the norm of law.

Can.188 - §1. Unless prevented by a legitimate impediment, one promoted to the episcopate must receive episcopal ordination within three months from the day of proclamation if it is a case of election, or from the reception of the apostolic letter if it is a case of appointment.

§2. The eparchial bishop must take canonical possession of the eparchy within four months from the day of episcopal election or appointment.

Can.189 - §1. The eparchial bishop takes canonical possession of the eparchy by the enthronement itself, legitimately carried out, in which the apostolic or patriarchal letter of canonical provision is publicly read.

§2. Upon completion of the enthronement, a document is to be drawn up and signed by the eparchial bishop along with the chancellor of the curia and at least two witnesses and kept in the archives of the eparchial curia.

§3. Before the enthronement the bishop may not involve himself in the governance of the eparchy either personally, through others, or in virtue of any title. But if he had some office in the vacant eparchy he can retain and exercise it.

 

ART.II

THE RIGHTS AND OBLIGATIONS OF EPARCHIAL BISHOPS

 

Can.190 – The eparchial bishop represents the eparchy in all its juridic affairs.

Can.191 - §1. The eparchial bishop governs the eparchy entrusted to him with legislative, executive and judicial power.

§2. The eparchial bishop personally exercises legislative power; he exercises executive power either personally or through a protosyncellus or syncellus; he exercises judicial power either personally or through a judicial vicar and judges.

Can.192 - §1. In the exercise of his pastoral function, the eparchial bishop is to show that he is concerned for all the Christian faithful who are committed to his care, regardless of age, condition, nation or Church sui iuris, both those who live within the territory of his eparchy and those who are staying in it temporarily; he is to extend his apostolic spirit also to those who cannot sufficiently make use of ordinarily pastoral care due to their condition in life as well as to those who no longer practice their religion.

§2. In a special way the eparchial bishop is to see that all Christian faithful committed to his care foster unity among Christians according to principles approved by the Church.

§3. The eparchial bishop is to consider the non-baptized as being committed to him in the Lord and see that the love of Christ shines upon them from the witness of the Christian faithful living in ecclesiastical communion.

§4. The eparchial bishop is to attend to presbyters with special concern and listen to them as assistants and advisers; he is to protect their rights and see to it that they correctly fulfill the obligations proper to their state and that means and institutions which they need are available to them to foster their spiritual and intellectual life.

§5. The eparchial bishop is to see that the families of his clerics, if they are married, be provided with adequate support, appropriate protection and social security in addition to health insurance according to the norm of law.

Can.193 - §1. The eparchial bishop to whom the care of Christian faithful of another Church sui iuris are committed is bound by the serious obligation of providing all the things in order that these Christian faithfuls retain the rite of their own Church, cultivate and observe it as much as they can; he should foster relations with the higher authority of that Church.

§2. The eparchial bishop is to provide for the spiritual needs of those Christian faithfuls, if it is possible, through presbyters or pastors of the same Church sui iuris as the Christian faithful or even through a syncellus constituted for the care of these Christian faithfuls.

§3. Eparchial bishops, who appoint such presbyters, pastors or syncelli for the care of Christian faithful or patriarchal Churches, are to formulate plans of action with the patriarchs who are concerned in the matter and, if they are in agreement, act by their own authority and notify the Apostolic See as soon as possible; if the patriarchs, for any reason whatever, disagree, the matter is to be referred to the Apostolic See.

Can.194 – The eparchial bishop can confer dignities upon clerics subject to them, others excluded, according to the norm of the particular law of their own Church sui iuris.

Can.195 – As much as possible, the eparchial bishop is to foster priestly, diaconal and monastic vocations, vocations to institutes of consecrated life and to the missions.

Can.196 - §1. The eparchial bishop is bound to present and explain to the Christian faithful the truths of the faith, which are to be believed and applied to moral issues by frequently preaching in person. He is also to take care that the prescriptions of the law concerning the ministry of the word of God be carefully observed, especially those about the homily and catechetical formation, so that the whole of Christian doctrine is handed on to all.

§2. He is to protect firmly the integrity and unity of the faith.

Can.197 – The eparchial bishop, while mindful of the obligation binding him to manifest an example of holiness in charity, humility and simplicity of life, is to make every effort to promote the holiness of the Christian faithful according to the vocation of each; since he is the principal dispenser of the mysteries of God, he is to endeavor to have the Christian faithful committed to his care grow in grace through the celebration of the sacraments and especially by participation in the Divine Eucharist and especially to know and live deeply the paschal mystery so that they become one Body in the unity of the love of Christ.

Can.198 – The eparchial bishop is to celebrate the Divine Liturgy frequently for the people of the eparchy entrusted to him; he must celebrate on the days prescribed by the particular law of his own Church sui iuris.

Can.199 - §1. The eparchial bishop, as the moderator, promoter and guardian of the entire liturgical life in the eparchy committed to him, must be vigilant that it be fostered as much as possible and ordered according to the prescriptions and legitimate customs of his own Church sui iuris.

§2. The eparchial bishop is to see to it that in his own cathedral at least part of the divine praises is celebrated, even daily, according to the lawful customs of his own Church sui iuris; also, in any parish, if possible, the divine praises are to be celebrated on Sundays, feast days, principal solemnities and their vigils.

§3. The eparchial bishop is to preside frequently at the divine praises in the cathedral or other church, especially on holy days of obligation, and on other solemnities in which a sizeable part of the people participates.

Can.200 – The eparchial bishop can celebrate sacred functions in the entire eparchy, which are to be solemnly carried out by himself according to the prescriptions of the liturgical books and vested in all of the pontifical insignia, but not outside the boundaries of his own eparchy without the express or at least reasonably presumed consent of the eparchial bishop.

Can. 201 - §1. Since he is obliged to safeguard the unity of the entire Church, the eparchial bishop is to promote the common discipline of the Church as well as to urge the observance of all ecclesiastical laws and legitimate customs.

§2. The eparchial bishop is to be vigilant lest abuses creep into ecclesiastical discipline, especially concerning the ministry of the word of God, the celebration of the sacraments and sacramentals, the worship of God and the saints and the execution out of pious wills.

Can.202 – The eparchial bishops of several Churches sui iuris exercising authority in the same territory are to see that, gathered for consultation in periodic meetings, they foster unity of action and through combined efforts assist in common works for the effective promotion of the good of religion and the effective protection of ecclesiastical discipline.

Can.203 - §1. The eparchial bishop is to foster various forms of the apostolate in the eparchy and see to it that all of the works of the apostolate in the entire eparchy or in particular districts are coordinated under his direction, each one according to its own character.

§2. The eparchial bishop is to urge the obligation by which the faithful are bound to exercise the apostolate according to each one’s condition and ability, and to exhort them to participate and help in the various works of the lay apostolate according to the needs of place and time.

§3. The eparchial bishop is to promote associations of the Christian faithful which pursue a spiritual purpose directly or indirectly; establishing, approving or commending them where expedient according to the norm of the law.

Can.204 - §1. The eparchial bishop, even if he has a coadjutor or auxiliary bishop, is bound by the obligation of residing in his own eparchy.

§2. In addition to those obligations which require a legitimate absence from his own eparchy, the bishop can be absent for a just cause for not more than one continual or interrupted month, so long as the precaution is taken that the eparchy not suffer harm from his absence.

§3. The eparchial bishop, except for some grave cause, must not be absent from his eparchy on days of special solemnity established by particular law according to the tradition of his own Church sui iuris.

§4. If an eparchial bishop exercising his authority within the territorial boundaries of the patriarchal Church has been unlawfully absent beyond six months from the eparchy entrusted to him, the patriarch is immediately to defer the matter to the Roman Pontiff. In other cases, this is to be done by the metropolitan or, if the metropolitan himself has been unlawfully absent, by the eparchial bishop senior in episcopal ordination and subject to that same metropolitan.

Can.205 - §1. The eparchial bishop is bound by the obligation of canonically visiting the eparchy either entirely or in part every year so that at least every five years he himself or, if legitimately impeded, the coadjutor bishop, the auxiliary bishop, the protosyncellus or syncellus, or some other presbyter, should canonically visit the entire eparchy.

§2. Persons, Catholic institutions, sacred things and places within the boundaries of the eparchy are subject to the canonical visitation of the eparchial bishop.

§3. The eparchial bishop can visit members of religious institutes as well as those of societies of common life in the manner of the religious who are of pontifical or patriarchal right and their houses only in the cases expressed in law.

Can.206 - §1. The eparchial bishop exercising his authority in the territorial boundaries of a patriarchal Church is obliged to make a report every five years to the patriarch about the status of the eparchy committed to him, according to the manner set up by the synod of bishops of the patriarchal Church. The bishop is to submit a copy of the report to the Apostolic See as soon as possible.

§2. Other eparchial bishops must make the same report to the Apostolic See every five years, and, if it is a case of bishops of a patriarchal Church or metropolitan Church sui iuris, they are to send a copy of the report to the patriarch or metropolitan as soon as possible.

Can.207 – An eparchial bishop of any Church sui iuris, even of the Latin Church, is to inform the Apostolic See on the occasion of the quinquennial report, about the status and needs of the Christian faithful who, even if they are enrolled in another Church sui iuris, are committed to his care.

Can.208 - §1. An eparchial bishop exercising authority within the territorial boundaries of a patriarchal Church, within five years of his enthronement, is to make a visit to Rome along with the patriarch, insofar as this can be done, so that he may venerate the tombs of blessed apostles Peter and Paul and appear before the successor of Saint Peter in the primacy over the entire Church.

§2. Other eparchial bishops are to make the visitation to Rome personally every five years or, if legitimately impeded, through another; if it is a case of bishops of a patriarchal Church, it is desirable that at least some time it be done with the patriarch.

Can.209 - §1. The eparchial bishop must commemorate the Roman Pontiff before all as a sign of full communion with him in the Divine Liturgy and the divine praises according to the prescriptions of the liturgical books and to see to it that it be faithfully done by the other clergy of the eparchy.

§2. The eparchial bishop must be commemorated by all the clergy in the Divine Liturgy and the divine praises according to the prescriptions of the liturgical books.

Can.210 - §1. An eparchial bishop who has completed his seventy-fifth year of age or who, due to ill health or to another serious reason, has become less able to fulfill his office, is requested to present his resignation from office.

§2. This resignation from office by the eparchial bishop is to be submitted to the patriarch if it is the case of an eparchial bishop exercising authority inside the territorial boundaries of a patriarchal Church; in other cases, it is submitted to the Roman Pontiff; further, if the bishop belongs to a patriarchal Church, the patriarch is to be notified as soon as possible.

§3. To accept this resignation the patriarch needs the consent of the permanent synod, unless a request for resignation was made previously by the synod of bishops of the patriarchal church.

Can.211 - §1. An eparchial bishop, whose resignation from office was accepted, obtains the title of eparchial bishop emeritus of the eparchy he governed and can retain a residence in the eparchy itself unless in certain cases due to special circumstances other provisions are made by the Apostolic See or, if it is an eparchy inside the territorial boundaries of a patriarchal Church, by the patriarch with the consent of the synod of bishops of the patriarchal Church.

§2. The synod of bishops of the patriarch Church or council of hierarchs must see that suitable and dignified support is provided for eparchial bishops’ emeriti, with due regard for the primary obligation which rests upon the eparchy which he has served.

 

ART.III

COADJUTOR BISHOPS AND AUXILIARY BISHOPS

 

Can.212 - §1. If the pastoral needs of the eparchy warrant it, one or several auxiliary bishops can be appointed upon the request of the eparchial bishop.

§2. In more serious circumstances, even of a personal nature, a coadjutor bishop can be appointed ex officio with the right of succession and endowed with special powers.

Can.213 - §1. In addition to the rights and obligations which are established in common law, a coadjutor bishop also has those which are defined in the letters of canonical provision.

§2. The patriarch himself, after having consulted the permanent synod, determines the rights and obligations of a coadjutor bishop appointed by the patriarch; but if it is the case of a coadjutor bishop who is to be granted all the rights and obligations of an eparchial bishop, the consent of the synod of bishops of the patriarchal Church is required.

§3. The rights and obligations of auxiliary bishops are those which are established by common law.

Can.214 - §1. The coadjutor bishop and the auxiliary bishop, in order that they may take canonical possession of their office, must show the letters of canonical provision to the eparchial bishop.

§2. Furthermore, a coadjutor bishop must show these letters of canonical provision to the college of eparchial consultors.

§3. If the eparchial bishop is completely impeded, it is sufficient that the coadjutor bishop and the auxiliary bishop show the letters of canonical provision to the college of eparchial consultors.

§4. The chancellor of the curia must be present at the presentation of the letters and is to officially record the event.

Can.215 - §1. A coadjutor bishop takes the place of the absent or impeded eparchial bishop; he must be appointed protosyncellus; the eparchial bishop must commit to him, before others, those things which by law require a special mandate.

§2. Without prejudice to the prescription of §1, the eparchial bishop is to appoint the auxiliary bishop as protosyncellus. However, if there are several, he is to appoint one of them protosyncellus and the others as syncelli.

§3. The eparchial bishop is to consult the auxiliary bishop before others in considering matters of great importance, especially those of a pastoral nature.

§4. The coadjutor bishop and the auxiliary bishop, who are called to share in the concerns of the eparchial bishop, are to exercise their office so that they act in unanimous agreement with him in all matters.

Can.216 - §1. The coadjutor bishop and the auxiliary bishop not detained by a just impediment must, as often as requested by the eparchial bishop, carry out the functions which the eparchial bishop himself would carry out.

§2. The eparchial bishop will not habitually commit to others those episcopal rights and functions which the coadjutor bishop and the auxiliary bishop can and wish to exercise.

Can. 217 – The adjutor bishop and the auxiliary bishops are bound by the obligation of residing in the eparchy from which they are not to depart except for a short time unless they are fulfilling some function outside the eparchy or are on vacation, which is not to be extended beyond a mouth.

Can.218 – The prescriptions of cann.210 and 211, §2 regarding resignation from office are applicable to a coadjutor bishop or auxiliary bishop. They are to be given the title of emeriti of the office previously held.

 

ART.IV

THE VACANT OR IMPEDED EPARCHIAL SEE

 

Can.219 – the eparchial see becomes vacant at the death, resignation, transfer or privation of office of the eparchial bishop.

Can.220 – With regard to a vacant see located inside the territorial boundaries of a patriarchal Church, in addition to cann.225 – 232 and without prejudice to cann.222 and 223, the following are to be observed:

            1° the patriarch is to inform the Apostolic See as soon as possible of the vacancy of the eparchial see;

            2° until the appointment of an administrator of the eparchy, the ordinary power of the eparchial bishop transfers to the patriarch, unless otherwise provided by the particular law of the patriarchal Church or by the Roman Pontiff;

            3° the patriarch is to appoint an administrator of the eparchy within a month of available time from the reception of notice of the vacancy of the eparchial see, after consulting the bishops of the patriarchal curia, if there are any, otherwise after consulting the permanent synod. If the month elapses and this is not done, the appointment of an administrator devolves to the Apostolic See;

4° the administrator of the eparchy, after making the profession of faith in the presence of the patriarch obtains authority, but is not to exercise it unless he has taken canonical possession of the office by presenting the letters of his appointment to the college of eparchial consultors;

5° the patriarch is to see that a worthy and suitable eparchial bishop be assigned to the vacant eparchial see as soon as possible, but not beyond the limits established by common law.

Can.221 – Except for the vacant eparchial sees mentioned in can.220, in other cases of a vacant eparchial see, the following are to be observed in addition to cann.225 – 232 and without prejudice to cann.222 and 223:

1° the metropolitan, or otherwise the one who, according to the norm of can.271, §5, presides over the college of eparchial consultors, is to inform the Apostolic See as soon as possible of the vacancy of the see and, if it is an eparchy of a patriarchal Church, the patriarch;

2° until the appointment of an administrator the governance of the eparchy, unless otherwise provided by the Apostolic See, transfers to the auxiliary bishop or, if there are several, to the one senior by episcopal ordination or, if there is no auxiliary bishop, to the college or eparchial consultors. They govern the eparchy with that authority which common law accords to a protosyncellus;

3° the college of eparchial consultors must elect an administrator of the eparchy according to the norm of the canons on elections within eight days from the reception of the news of the vacancy of the eparchial see; for validity of the election, an absolute majority of the votes of the members of this same college is required;

4° if within eight days, the administrator of the eparchy has not been elected or if the one elected lack the conditions required in can.227, §2 for the validity of the election, the appointment of an administrator of the eparchy devolves to the metropolitan or, if none exists or he is impeded, to the Apostolic See;

5° the administrator of an eparchy legitimately elected or appointed immediately obtains authority and does not need any confirmation. As soon as possible he is to inform the Apostolic See of his election or of his appointment by the metropolitan and, if he belongs to a patriarchal Church, also the patriarch.

Can.222 – The coadjutor bishop, provided that he has already taken canonical possession of his office, upon the vacancy of the eparchial see becomes by the law itself, the administrator of the eparchy until he has been enthroned as the eparchial bishop.

Can.223 – In the case of a transfer to another eparchial see, the eparchial bishop must take canonical possession of the new eparchy within two months from the notification of the transfer. In the interim, in the former eparchy;

            1° he has the rights and obligations of the administrator of the eparchy;

            2° he retains the honorific privileges of eparchial bishops;

            3° he continues to receive the entire income of the previous office.

Can.224 - §1. When the see becomes vacant, the protosyncellus and the syncelli immediately cease from office unless they are:

1° ordained bishops;

2° constituted in the eparchy of the patriarch;

3° constituted in an eparchy located inside the territorial boundaries of a patriarchal Church, until the administrator of the eparchy takes canonical possession of his office.

 §2. Those things legitimately done by the protosyncellus and syncelli have full force until they have received certain notice of the vacancy of the eparchial see; when the vacancy is certain, they cease from office immediately.

§3. When the eparchial see is vacant, the auxiliary bishop retains the power which he enjoyed as protosyncellus or syncellus when the see was occupied and which is conferred upon him by the law; this authority is to be exercised under the authority of the administrator of the eparchy unless otherwise determined by the Apostolic See or by the particular law of his own patriarchal Church.

Can.225 - §1. Only one person is to be elected or appointed administrator of the eparchy and all contrary customs are reprobated.

§2. If the eparchial finance officer becomes the administrator of the eparchy another interim eparchial finance officer is to be elected by the council for economic affairs.

Can. 226 – In the process of constituting the administrator of an eparchy neither the patriarch nor the college of eparchial consultors can retain any part of the authority for themselves nor determine a time limit for holding the office or establish any other restriction.

Can.227 - §1. The administrator of an eparchy is to manifest integrity, piety, sound doctrine and prudence.

§2. Only a bishop or a presbyter who is not bound by the bond of matrimony, who has completed thirty-five years of age and who has not already been elected, proposed, appointed or transferred to the same vacant see can be validly elected or appointed to the office of administrator of the eparchy. If these conditions have been neglected, the acts of the one elected or appointed are null by the law itself.

Can.228 - §1. When the see is vacant there are to be no innovations.

§2. Those who temporarily care for the governance of the eparchy are prohibited from doing anything which could be prejudicial to the eparchy or episcopal rights. They themselves and all other persons are specifically prohibited from removing, destroying or altering any documents of the eparchial curia either personally or through another.

Can.229 – The administrator of the eparchy has the same rights and obligations as the eparchial bishop, unless the law provides otherwise or it is evident from the nature of the matter.

Can.230 – Unless otherwise lawfully provided:

            1° the administrator of an eparchy has the right to an appropriate remuneration to be established by particular law or determined by lawful custom and which is to be taken from the goods of the eparchy;

            2° the other income accruing to the eparchial bishop during the time when the eparchial see is vacant is reserved to the future eparchial bishop for the needs of the eparchy, observing the prescriptions of the particular law which define the manner in which the income must be spent.

Can.231 - §1. The resignation of the administrator of an eparchy is to be made to the patriarch if he designated the administrator, otherwise to the college of eparchial consultors, in which case it is not necessary that it accept the resignation for it to be valid.

§2. The removal of an administrator of an eparchy inside the territorial boundaries of a patriarchal Church is the competency of the patriarch with the consent of the permanent synod, otherwise, it is reserved to the Apostolic See.

§3. After the death, resignation or removal of the administrator of the eparchy, a new one is constituted by the same authority and in the same manner as prescribed for the previous one.

§4. The administrator of an eparchy ceases to hold office when the new eparchial bishop takes canonical possession of the eparchy. The new eparchial bishop can require an account of his administration.

Can.232 - §1. When the eparchial see is vacant the eparchial finance officer carries out his office under the authority of the administrator of the eparchy. The administration of the ecclesiastical goods which on account of the vacancy of the eparchial see do not have an administrator reverts to him, unless the patriarch or college of eparchial consultors have provided otherwise.

§2. For the resignation or removal of the eparchial finance officer when the see is vacant, the norms of can.231, §§1 and 2 are to be observed.

§3. Inside the territorial boundaries of the patriarchal Church, if the eparchial finance officer lost the right to his office in any manner, the election or appointment of a new finance officer is the competency of the patriarch after having consulted the bishops of the patriarchal curia, if there are any, otherwise, having consulted the permanent synod. In other cases, the finance officer is elected by the college of eparchial consultors.

§4. The eparchial finance officer must give an account of his administration to the new eparchial bishop, and, after he has given it, he ceases to hold office unless he is confirmed in his office by the same bishop.

Can.233 - §1. When the eparchial see is impeded by captivity, banishment, exile or incapacity of the eparchial bishop, so that he is not able to communicate even by letter to the Christian faithful committed to him, the governance of the eparchy is the responsibility of the coadjutor bishop, unless otherwise provided by the patriarch with consent of the permanent synod in eparchies located inside the territorial boundaries of the Church over which he presides or by the Apostolic See. If there is no coadjutor or if he is impeded, it is the responsibility of the protosyncellus or syncellus or another suitable priest designated by the eparchial bishop. By the law itself, the priest enjoys the rights and obligations of a protosyncellus. At a suitable time, the eparchial bishop can designate several who are to succeed one another in office.

§2. If there are none of the above or they are impeded from assuming the governance of the eparchy, the college of eparchial consultors is to elect a priest who is to govern the eparchy.

§3. One who takes up the governance of an eparchy within the territorial boundaries of a patriarchal Church is to notify the patriarch as soon as possible about the impeded eparchial see and of his assumption of office. In other cases, he is to inform the Apostolic See and, if he belongs to a patriarchal Church, the patriarch as well.

 

ART.V

APOSTOLIC ADMINISTRATORS

 

Can.234 - §1. The governance of an eparchy, whether occupied or vacant, is sometimes entrusted by the Roman Pontiff to an apostolic administrator due to serious and special reasons.

§2. The rights, obligations and privileges of the apostolic administrator are determined by his letters of appointment.

 

CHAPTER II

THE ORGANS ASSISTING THE EPARCHIAL BISHOP IN THE GOVERNANCE OF THE EPARCHY

 

ART.I

THE EPARCHIAL ASSEMBLY

 

Can.235 – The eparchial assembly assists the eparchial bishop in those things which regard the special needs or advantage of the eparchy.

Can.236 – The eparchial assembly is convened as often as circumstance warrant it in the judgement of the eparchial bishop after he has consulted the presbyteral council.

Can.237 - §1. It is the right of the eparchial bishop to convene the eparchial assembly and to preside over it personally or through another, to transfer, postpone, suspend or dissolve it.

§2. If the eparchial see becomes vacant, the eparchial assembly is suspended by the law itself until the new eparchial bishop issues a decree on the matter.

Can.238 - §1. The following are to be summoned to the eparchial assembly and must be present for it:

            1° the coadjutor bishop and the auxiliary bishops;

            2° the protosyncellus, syncelli, judicial vicar and eparchial finance officer;

            3° the eparchial consultors;

            4° the rector of the eparchial major seminary;

            5° the protopresbyters;

            6° at least one pastor from each district, to be elected by all of those who actually have the care of souls, the protopresbyter presiding over the election; another presbyter is to be elected as an alternate to fill in for him if he is impeded;

            7° the members of the presbyteral council and some delegates of the pastoral council, if it exists, elected by the same council in the manner and number established by particular law;

            8° some deacons elected according to the norms of particular law;

            9° superiors of monasteries sui iuris and some superiors of other institutes of consecrated life which have houses in the eparchy, to be elected in the manner and number established by particular law;

            10° lay people elected by the pastoral council, if it exists, or designated in some other manner determined by the eparchial bishop so that the number of lay people does not exceed one-third of the members of the eparchial assembly.

§2. The eparchial bishop, if he judges it opportune, can invite to the eparchial assembly others also, not excluding persons of other Churches sui iuris, to all of whom he can even grant the right to vote.

§3. Some observers from non-Catholic Churches or ecclesial communities can also be invited to the eparchial assembly.

Can.239 – Those who must be present at the eparchial assembly, if detained by a legitimate impediment, cannot send proxies who would attend in their name at the eparchial assembly, but must notify the eparchial bishop of the impediment.

Can.240 - §1. With due regard for the right of any Christian faithful to pose questions to be treated at the eparchial assembly, only the eparchial bishop is to determine the matters to be discussed in that assembly.

§2. At a suitable time, the eparchial bishop is to appoint one or several commissions whose duty it is to prepare the matters to be discussed in the assembly.

§3. The eparchial bishop is also to see that, at a suitable time, all who are summoned to the assembly are given an agenda of the matters to be discussed.

§4. All of the proposed questions are to be submitted to free discussion in the sessions of the eparchial assembly.

Can.241 – The eparchial bishop is the sole legislator in the eparchial assembly, the votes of others being only consultative. He is the only one who signs the decisions which have been made in the eparchial assembly which, if they are promulgated in the same assembly, begin to oblige immediately unless expressly provided otherwise.

Can.242 – The eparchial bishop is to communicate the text of the laws, declarations and decrees which have been decided upon at the eparchial assembly to the authority which the particular law of his Church sui iuris has determined.

 

ART.II

THE EPARCHIAL CURIA

 

Can.243 - §1. The eparchial bishop is to have an eparchial curia in his see which assists him in the governance of the eparchy committed to him.

§2. To the eparchial curia belong the protosyncellus, syncelli, judicial vicar, eparchial finance officer and council for economic affairs, chancellor, eparchial judges, promoter of justice and defender of the bond, notaries and other persons assigned by the eparchial bishop for properly fulfilling the offices of the eparchial curia.

§3. If it is necessary or useful for the eparchy the eparchial bishop can establish other offices in the eparchial curia.

Can.244 - §1. The appointment and removal from office of those who exercise an office in the eparchial curia belongs to the eparchial bishop.

§2. All who are admitted to an office in the eparchial curia must:

            1° make a promise to carry out the office faithfully in the manner determined by the law or by the eparchial bishop;

            2° observe secrecy within the limits and according to the manner determined by the law or by the eparchial bishop.

1° The protosyncellus and the syncelli

 

Can.245 – In each eparchy a protosyncellus is to be appointed who, endowed with ordinary vicarious power according to the norm of common law, assists the eparchial bishop in governing the whole eparchy.

Can.246 – As often as the correct governance of the eparchy requires it, one or several syncelli can be appointed who, in a determined section of the eparchy, in certain types of business or with regard to the Christian faithful enrolled in another Church sui iuris or a certain group of persons, have by the law itself the authority which common law attributes to the protosyncellus.

Can.247 - §1. The protosyncellus and the syncelli are freely appointed by the eparchial bishop and can freely be removed by him without prejudice to can.215, §§1 and 2.

§2. The protosyncellus and the syncellus are to be celibate presbyters unless the particular law of their Church sui iuris has established otherwise, insofar as it is possible, they should be from the clergy enrolled in the eparchy, not less than thirty years of age, have a doctorate or licentiate or at least be expert in some sacred science, of sound doctrine, uprightness, prudence and experience in handling matters.

§3. The eparchial bishop is not to commit the office of protosyncellus or syncellus to his blood relatives up to the fourth degree inclusive.

§4. The eparchial bishop can take the protosyncellus or syncelli from another eparchy, even of another Church sui iuris, but with the consent of their eparchial bishop.

Can.248 - §1. Unless otherwise expressly determined by common law, the protosyncellus in the entire eparchy and the syncelli within the limits of the office committed to them, exercise the same executive powers of governance as the eparchial bishop, excepting those things which the eparchial bishop has reserved to himself or to others or which by law require his own special mandate, by which the act is null if the required mandate is not obtained.

§2. To the protosyncellus and the syncelli within the limits of their competence belong also the habitual faculties granted by the Apostolic See to the eparchial bishop as well as the execution of rescripts of the Apostolic See or of the patriarch, unless otherwise expressly provided or for which the eparchial bishop has been chosen on account of his personal qualifications.

Can. 249 – The protosyncellus and the syncelli must report to the eparchial bishop on the principal matters which are to be treated and which have been treated and they are never to act contrary to his will or mind.

Can. 250 – The protosyncellus and the syncelli who are presbyters have, during the time they hold office, the privileges and insights of the first dignity after the episcopal dignity.

Can. 251 - §1. The protosyncellus and the syncelli cease from office after the completion of the term, resignation accepted by the eparchial bishop, or removal.

§2. When the eparchial see is vacant, can.224 concerning the protosyncellus and the syncelli shall be observed.

§3. With the suspension of the office of the eparchial bishop, the authority of the protosyncellus and the syncelli is suspended unless they are ordained bishops.

 

2° The chancellor, other notaries and the archives of the eparchial curia

 

Can. 252 - §1. In the eparchial curia a chancellor is to be appointed who is to be a presbyter or deacon and whose principal obligation, unless otherwise established by the particular law, is to see that the acts of the curia are gathered and arranged as well as preserved in the archives of the eparchial curia.

§2. If it seems necessary the chancellor can be given an assistant whose title is vice-chancellor.

§3. The chancellor as well as the vice-chancellor are by the law itself notaries of the eparchial curia.

Can. 253 - §1. Besides the chancellor other notaries can be appointed whose signature establishes the authenticity of any acts whatsoever, of judicial acts only or of the acts of a certain case or transaction only.

§2. Notaries are to be of good character and above reproach; a priest must be the notary in cases in which the reputation of a cleric can be called into question.

Can.254 – It is the notaries’ duty:

            1° to write the acts and documents relating to decrees, dispositions, obligations or other tasks which are required of them;

            2° to put faithfully into writing those things which are done and to sign the acts of these matters with a notation of the place, day, month and year;

            3° with due consideration of all requirements, to furnish acts or documents to one legitimately requesting them and to declare copies of them to be in conformity with the original.

Can. 255 – The chancellor and other notaries can be freely removed from office by the eparchial bishop, but not by the eparchial administrator except with the consent of the college of eparchial consultors.

Can.256 - §1. The eparchial bishop is to set up in a safe place the archive of the eparchial curia in which documents pertaining to affairs of the eparchy are to be preserved.

§2. With all diligence and care, an inventory is to be drawn up of the documents which are preserved in the archive of the eparchial curia with a brief synopsis of each of the documents.

Can. 257 - §1. The archive of the eparchial curia is to be locked and the key kept by the eparchial bishop and the chancellor; no one is permitted to enter it without the permission of the eparchial bishop alone or the protosyncellus along with the chancellor.

§2. It is a right of interested parties to obtain personally or through their proxy an authentic copy of documents which are public by their nature and which pertain to the status of such persons.

Can. 258 – It is not permitted to remove documents from the archive of the eparchial curia except for a brief time only and with permission either of the eparchial bishop alone or the protosyncellus along with the chancellor.

Can.259 - §1. There is also to be a secret archive in the eparchial curia or at least a secret safe in the archive of the eparchial curia, completely closed and locked, which cannot be removed from the place, and in which documents to be kept secret are preserved.

§2. Each year, the procedural acts for inflicting penalties in matters of morals are to be destroyed in which the guilty party has died, or in which ten years have elapsed, retaining a brief summary of the facts and the text of the definitive sentence or decree.

Can.260 - §1. Only the eparchial bishop may have the key to the secret archives or the secret safe.

§2. When the eparchial see is vacant the secret archive or secret safe are not to be opened except in a case of true necessity and then by the eparchial administrator himself.

§3. Documents are not to be removed from the secret archive or secret safe.

Can.261 - §1. The eparchial bishop is to see that the acts and documents of the archive of cathedral, parochial and other churches existing within the territorial boundaries of the eparchy are diligently preserved and two copies of the inventory of the acts and documents are to be made, one of which is to be preserved in the church’s own archive and the other to be preserved in the archive of the eparchial curia.

§2. In order to inspect or remove the acts and documents of these archives, the norms established by the eparchial bishop are to be observed.

 

3° The eparchial finance officer and finance council

 

Can.262 – §1. The eparchial bishop, after consulting the college of eparchial consultors and the finance council, is to appoint an eparchial finance officer who is to be a member of the Christian faithful expert in economic matters and distinguished for honesty.

§2. The eparchial finance officer is appointed for a term determined by particular law; he is not to be removed during his term of office except for serious cause in the judgment of the eparchial bishop after consulting the college of eparchial consultors and the finance council.

§3. It is the duty of the eparchial finance officer, under the authority of the eparchial bishop, who is to determine more fully the finance officer’s rights and relationships to the finance council, to administer the temporal goods of the eparchy, to supervise the administration of ecclesiastical goods in the whole eparchy, to provide for their preservation, safety and increase, to supply for the negligence of local administrators and to administer the goods which lack an administrator designated by the law.

§4. The eparchial finance officer must account for his or her administration to the eparchial bishop every year and as often as it is requested by the eparchial bishop; the eparchial bishop is to examine the account presented by the eparchial finance officer through the finance council.

§5. Can.232 is to be observed in regard to the obligations of the eparchial finance officer when the eparchial see is vacant.

Can. 263 - §1. The eparchial bishop is to establish a finance council which consists of a president, who is the eparchial bishop himself, and of other suitable persons expert even if possible, in civil law, appointed by the eparchial bishop after consulting the college of eparchial consultors unless some other equivalent process is already provided by the particular law of his Church sui iuris, always without prejudice to the needs for those who have been elected or appointed by others to have the confirmation of the eparchial bishop.

§2. The eparchial finance officer is, by the law itself, a member of the finance council.

§3. Those who are related to the eparchial bishop up to the fourth degree inclusive of consanguinity or affinity are excluded from membership on the finance council.

§4. In actions of greater importance regarding economic matters the eparchial bishop is not to omit hearing the finance council; the members of the council have only a consultative vote, unless expressly required by common law in special cases or if the document creating the council requires their consent.

§5. Besides the functions given to it in common law, the finance council is to prepare an annual budget of the revenues and expenditures foreseen in the coming year in the governance of the whole eparchy as well as examine the account of revenues and expenses at the end of the year.

 

ART.III

THE PRESBYTERAL COUNCIL AND THE COLLEGE OF EPARCHIAL CONSULTORS

 

Can.264 – A presbyteral council must be established in the eparchy, that is a body of priests representing the presbyterate, and which, according to the norm of the law, assists the eparchial bishop by its advice in those things which regard the needs of pastoral work and the good of the eparchy.

Can.265 – The presbyteral council is to have its own statutes approved by the eparchial bishop without prejudice to the norm of common law and the particular law of its own Church sui iuris.

Can.266 – The following are to be observed in regard to the constitution of the presbyteral council:

            1° an appropriate portion of the members are to be elected by the priests themselves according to the norm of the particular law of their Church sui iuris;

            2° some priests, according to the norms of the statutes, must be ex-officio members who belong to the council in virtue of their offices;

            3° it is the right of the eparchial bishop to freely appoint other members.

Can.267 - §1. In electing the members of the presbyteral council, the following have active and passive voice:

            1° all presbyters enrolled in the eparchy;

            2° other priests who have domicile or quasi-domicile in the eparchy and at the same time exercise some function for the good of the eparchy.

§2. To the extent provided in the statutes, active and passive voice can be conferred also upon other priests who have domicile or quasi-domicile in the eparchy.

Can.268 – The manner of electing members to the presbyteral council is to be determined by the statutes so that, insofar as it is possible, the priests of the presbyterate are represented, taking into account especially the different ministries and the various districts of the eparchy.

Can.269 - §1. It pertains to the eparchial bishop to convoke the presbyteral council, to preside over it and to determine the questions to be treated by it or to receive proposals from members.

§2. The eparchial bishop is to hear the presbyteral council in matters of greater importance and in cases expressly determined by common law he must consult them; however, he needs its consent only in cases expressly determined by common law with due regard for the right of the patriarch regarding matters of the eparchy which he himself governs, in these cases the presbyteral council need only be consulted.

§3. The presbyteral council can never act without the eparchial bishop, who alone can divulge those things which have been done in the council itself.

Can.270 - §1. The members of the presbyteral council are to be designated for a term determined in the statutes so that the whole council or some part of it is renewed within a five-year period.

§2. When the eparchial see is vacant the presbyteral council ceases and its functions are fulfilled by the college of eparchial consultors; within a year from taking canonical possession of the eparchy, the eparchial bishop must establish a new presbyteral council.

§3. If the presbyteral council is no longer fulfilling the function committed to it for the good of the eparchy or is gravely abusing it, the eparchial bishop can dissolve it after consulting with the metropolitan or, if it is a question of the metropolitan see itself, after consulting the eparchial bishop senior in episcopal ordination, who is subject to the same metropolitan, but he must establish a new presbyteral council within a year.

Can.271 - §1. The eparchial bishop must establish a college of eparchial consultors to which belong the functions determined by law.

§2. The college of eparchial consultors is to be constituted for a five-year period but upon the expiration of the term they continue in the exercise of their functions until a new college is established.

§3. The members of the college of eparchial consultors must be not less than six nor more than twelve in number; if, for any reason whatever, within the determined five-year period there is no minimum number of members of the college, the eparchial bishop is to restore the college by appointment of new members, otherwise the college cannot act validly.

§4. The members of the college of eparchial consultors are freely appointed by the eparchial bishop from those who, at the time of their appointment, are members of the presbyteral council.

§5. The eparchial bishop presides over the college of eparchial consultors; when the eparchial see is vacant or impeded, it is presided over by the one who, in the interim, holds the place of the eparchial bishop or, if none has been designated, by the priest of the college itself who is senior by sacred ordination.

§6. Whenever the law establishes that the eparchial bishop needs the consent of the college of eparchial consultors, it is sufficient for the patriarch, in the matters of the eparchy which he himself governs, that he consults this college.

 

ART.IV

THE PASTORAL COUNCIL

 

Can.272 – In the eparchy, if pastoral circumstances recommend it, a pastoral council is to be established whose responsibility it is, under the authority of the eparchial bishop, to investigate, ponder and propose practical conclusions about those things which regard pastoral works in the eparchy.

Can.273 - §1. The pastoral council, which is only a consultative body, consists pf clerics, religious or members of societies of common life in the manner of religious, and especially, of lay people designated in a manner determined by the eparchial bishop.

§2. The pastoral council is to be so established that, insofar as possible, it represents the Christian faithful of the eparchy in regard to the types of persons, associations and other endeavors.

§3. Along with these Christian faithfuls, if it is suitable, the eparchial bishop can invite others also to the pastoral council, even if they are of another Church sui iuris.

§4. No one except Christian faithful of proven faith, good morals and outstanding prudence are to be appointed to the pastoral council.

Can.274 - §1. The pastoral council is established for a term according to the prescriptions of the statutes which are to be given by the eparchial bishop.

§2. When the eparchial see is vacant the pastoral council ceases to exist.

Can.275 – It belongs to the eparchial bishop alone to convoke the pastoral council according to the needs of the apostolate, to preside over it and to publish the things which have been discussed in its meetings.

 

ART.V

PROTOPRESBYTERS

 

Can.276 - §1. The protopresbyter is a presbyter who is placed over a district consisting of several parishes so that, in the name of the eparchial bishop and in the same district, he may fulfill the functions determined by law.

§2. It belongs to the eparchial bishop, after consulting the presbyteral council, to establish, change and suppress this type of district according to the needs of pastoral action.

Can.277 - §1. The office of protopresbyter, with due regard to the particular law of his own Church sui iuris, must not be joined in a stable manner to the office of pastor of a certain parish; the eparchial bishop, having heard, if he considers it opportune, the pastors and parochial vicars of the district in question, is to appoint a presbyter especially among the pastors, outstanding for his doctrine and apostolic fervor.

§2. The protopresbyter is to be appointed for a term determined by particular law.

§3. For a just cause, the eparchial bishop can remove a protopresbyter from office.

Can.278 - §1. Besides the powers and faculties bestowed upon him by particular law it is the right and obligation of the protopresbyter to:

            1° coordinate and promote common pastoral action;

            2° see to it that clerics lead a life in harmony with their own state and that they diligently fulfill their obligations;

            3° see to it that the Divine Liturgy and the divine praises are celebrated according to the prescriptions of the liturgical books, that the good appearance and condition of the churches and sacred furnishings are carefully maintained especially in the celebration of the Divine Liturgy and custody of the Divine Eucharist, that ecclesiastical goods are carefully administered and, finally, that the parish house is properly cared for.

§2. In the district entrusted to him the protopresbyter:

            1° is to see that clerics attend meetings which the local hierarch judges appropriate for promoting the sacred sciences and pastoral affairs;

            2° is to take care that clerics have ready access to spiritual helps, and be particularly concerned about those who are found in more difficult circumstances or are beset with problems.

§3. The protopresbyter is to take care that the pastors and their families, if they are married, whom he knows to be seriously ill, do not lack spiritual and material assistance and that the funerals of those who have died are celebrated with dignity. He is also to provide that when they are sick or have died the books, documents, sacred furnishings and other things which pertain to the Church are not lost or removed.

§4. The protopresbyter is bound by the obligation of visiting the parishes according to the determination made by the eparchial bishop.

 

CHAPTER III

PARISHES, PASTORS AND PAROCHIAL VICARS

Can.279 – A parish is a definite community of the Christian faithful established on a stable basis in the eparchy, whose pastoral care in entrusted to a pastor.

Can.280 - §1. Generally, a parish is to be territorial, that is, it embraces all the Christian faithful of a certain territory; if, however, in the judgment of the eparchial bishop, having consulted the presbyteral council, it is expedient, personal parishes are to be erected based on nationality, language, enrollment of the Christian faithful in another Church sui iuris or even upon some other definite determining factor.

§2. It is the competency of the eparchial bishop to erect, modify and suppress parishes after consulting the presbyteral council.

§3. A lawfully established parish is a juridic person by the law itself.

Can.281 - §1. The pastor is to be a presbyter to whom, as the principal cooperator of the eparchial bishop, is entrusted the care of souls as their proper shepherd in a determined parish under the authority of the same eparchial bishop.

§2. A juridic person cannot validly be a pastor.

Can.282 - §1. The eparchial bishop, but not the administrator of an eparchy, after consulting the presbyteral council, and with the consent of the major superior of a religious institute or society of common life in the manner of religious, can erect a parish in the church of the same institute or society with due regard for can.480.

§2. This erection must be done by means of a written agreement made between the eparchial bishop and the major superior of the religious institute or society of common life in the manner of religious. The agreement is to state precisely what parochial ministry is to be fulfilled, the persons to be attached to the parish, the financial arrangements, and what are the rights and obligations of the members of the same institute or society in that church and what are those of the pastor.

Can.283 – The eparchial bishop is not to remove from the pastor the partial or total care of certain groups of persons, buildings and places which are in the territory of the parish and are not exempt by law, except for a grave cause.

Can.284 - §1. The right of naming pastors belongs solely to the eparchial bishop, who freely names them.

§2. To entrust a parish to a member of religious institute or society of common life in the manner of religious, the major superior is to propose a suitable priest of his institute to the eparchial bishop for appointment, with due regard for agreements entered into with the eparchial bishop or other authority determined by the particular law of the proper Church sui iuris.

§3. The pastor possesses stability in his office; therefore, he is not to be named for a determined period of time unless;

            1° it concerns a member of a religious institute or society of common life in the manner of religious;

            2° a candidate agrees to this in writing;

            3° it concerns a special case, in which case the consent of the college of eparchial consultors is required;

            4° the particular law of his Church sui iuris permits it.

Can.285 - §1. In order for a presbyter to be named pastor it is necessary that he be of good morals, sound doctrine, zealous for souls, endowed with prudence and the other virtues and gifts which are required by law in order to fulfill the parochial ministry in a praiseworthy manner.

§2. If the presbyter is married, good morals are required in his wife and his children who live with him.

§3. After he has weighed all the circumstances, the eparchial bishop is to confer a vacant parish on the one whom he judges suitable without any partiality; in order to make a judgment concerning a person’s suitability he is to listen to the protopresbyter, conduct appropriate investigations and, if he considers it opportune, listen also to other Christian faithful especially clerics.

Can.286 – When the eparchial see is vacant or impeded, the administrator of the eparchy or another who governs the eparchy in the interim, is competent:

            1° to name as pastor a presbyter proposed by a major superior according to the norm of can.284, §2;

            2° to name a pastor from other presbyters if the eparchial see has been vacant or impeded for at least one year.

Can.287 - §1. A pastor is to have the parochial care of only one parish; however, the care of several neighboring parishes can be entrusted to the same pastor due to a dearth of presbyters or in other circumstances.

§2. In the same parish there is to be only one pastor; however, if the particular law of the Church sui iuris allows it, a parish may be entrusted to several presbyters; the same particular law is to determine accurately the rights and obligations of the moderator, who directs the common action and reports on it to the eparchial bishop, and what are those of the other presbyters.

Can.288 – The pastor acquires the care of souls by canonical provision; however, he is not allowed to exercise his office unless he has taken canonical possession of the parish according to the norm of particular law.

Can.289 - §1. In carrying out the function of teaching, the pastor is bound by the obligation of preaching the word of God to all of the Christian faithful so that they may grow in faith, hope and charity rooted in Christ and that the Christian community may render that witness of love which the Lord commanded; the pastor is also to lead the Christian faithful to full knowledge of the mysteries of salvation by catechetical formation accommodated to the age of each one; for giving this formation he is to seek not only the assistance of members of religious institutes or societies of common life in the manner of religious, but also the cooperation of the laity.

§2. In carrying out the function of sanctifying, the pastor is to take care that the celebration of the Divine Liturgy is the center and culmination of the whole life of the Christian community; and also to labor that the Christian faithful are fed with spiritual food through devout and frequent reception of the sacraments and through conscious and active participation in the divine praises; he is also to be attentive especially to confer the sacrament of penance to foster the Christian life; for which reason he is to make himself readily available to administer this sacrament; even with the help, if it is appropriate, of other priests who understand various languages.

§3. In fulfilling the function of governing, the pastor is first of all to know his flock; since he is the minister of all the sheep, he is to foster growth in the Christian life both in individual members of the Christian faithful and in associations, especially those directed to the apostolate, and in the entire parish community; therefore he is to visit the homes and schools insofar as the pastoral function requires it; to look out zealously for adolescents and youngsters; to exercise paternal love for the poor and sick. Finally, he is to have a special care for laborers and strive that the Christian faithful offer assistance in the works of the apostolate.

Can.290 - §1. In all juridic affairs the pastor represents the person of the parish.

§2. Sacred functions of greater importance, such as the celebration of the sacraments of Christian initiation, the blessing of marriages, without prejudice to can.302, §2, the ecclesiastical funeral rites, belong to the pastor; therefore, parochial vicars are not allowed to carry them out except by permission, at least presumed, of the pastor himself.

Can.291 – All offerings except those treated in cann.715 – 717 which are received on the occasion of performing the pastoral function by the pastor and other clergy attached to the parish are to be put into the parish account unless it is obvious that such would be contrary to the will of the donor in the case of voluntary offerings; the eparchial bishop is competent, after consulting the presbyteral council, to establish regulations which provide for the allocation of these offerings as well as those which provide for the remuneration of the pastor and other parish clergy according to the norm of can.390.

Can.292 - §1. The pastor is bound by the obligation of residing in the parish house near the parish church. However, the local hierarch, for a just cause, can permit him to reside elsewhere so long as the parochial ministry suffers no harm form it.

§2. Unless there is a serious reason to the contrary, the pastor may be absent from the parish for a maximum of one continual or interrupted month per year for his vacation; the days which the pastor spends once a year in spiritual retreat are not counted as his vacation days; if the pastor wishes to be absent from the parish beyond a week he is bound to inform his own local hierarch of this.

§3. The eparchial bishop is to issue norms which provide for the care of the parish by a priest possessing the necessary powers and faculties during the absence of the pastor.

Can.293 – The pastor is to remember to manifest in his daily contacts and solicitude to the baptized and non-baptized, Catholic and non-Catholic, a truly priestly and pastoral example of ministry and to give the proper witness of truth and life to all; and, as a goof shepherd, to seek out those baptized in the Catholic Church who have absented themselves from the reception of the sacraments or even fallen away from the faith.

Can.294 – The pastor is frequently to celebrate the Divine Liturgy for the people of the parish entrusted to him but is bound to celebrate it for them on the days prescribed by the particular law of his Church sui iuris.

Can.295 – In the parish there are to b appropriate councils dealing with pastoral and economic matters, according to the norms of the particular law of its own Church sui iuris.

Can.296 - §1. In the parish there are to be parish books, namely, baptismal, matrimonial, death and others, according to the norms of the particular law of its own Church sui iuris or, if there are no norms, of the eparchial bishop himself; the pastor is to see to it that these parish books are properly filled out and preserved observing said norms.

§2. In the baptismal register are also to be noted the enrollment of the baptized into a determined Church sui iuris according to the norm of can.37, the administration of chrismation with holy myron as well as those things which pertain to the canonical status of the Christian faithful by reason of marriage, with due regard for can.840, §3, adoption, and sacred orders or perpetual profession in a religious institute; these notations are always to be noted on the certificate of baptism.

§3. Certificates which are given about the canonical status of the Christian faithful and all the documents which can have juridical importance are to be signed by the pastor himself or his delegate and sealed with the parish seal.

§4. In the parish there is to be an archive in which the parish books are kept along with the hierarchial letters and other documents which ought to be preserved due to necessity or usefulness; all of these are to be inspected by the eparchial bishop or his delegate during his canonical visitation or at another suitable time; the pastor is to take care that they not come into the hands of outsiders.

§5. The older parish books are also to be preserved according to the norms of particular law.

Can.297 - §1. The pastor ceases from office by resignation accepted by the eparchial bishop, expiration of term, removal or transfer.

§2. When a pastor has completed his seventy-fifth year of age he is asked to submit his resignation from office to the eparchial bishop, who, after considering all the circumstances of person and place, is to decide whether to accept or defer the resignation; the eparchial bishop, taking into account the norms of particular law of his own Church sui iuris, is to provide for the suitable support and housing of the resigned pastor.

Can.298 – If the parish becomes vacant or the pastor is hindered by any cause from exercising the pastoral function in the parish, the eparchial bishop is to appoint as soon as possible another priest as parochial administrator.

Can.299 - §1. The administrator of a parish has the same rights and obligations as the pastor unless the eparchial bishop determines otherwise.

§2. A parochial administrator is not permitted to do anything which can prejudice the rights of the pastor or harm parish goods.

§3. When he has fulfilled his office, the parochial administrator is to render an account to the pastor.

Can.300 - §1. When the parish is vacant and when the pastor is absolutely hindered from exercising his pastoral function, before the appointment of an administrator of the parish, the parochial vicar assumes the interim care of the parish; and, if there are several parochial vicars, the one senior in presbyteral ordination; and if there are no vicars, the nearest pastor; the eparchial bishop is to determine at an early date which parish is considered closer to which parish.

§2. The one who assumes the interim governance of a parish is immediately to inform the eparchial bishop.

Can.301 - §1. One or several parochial vicars, who must be presbyters, can be associated with the pastor whenever it is necessary or suitable for fulfilling the proper pastoral care of the parish.

§2. A parochial vicar can be designated either for the whole parish or for a determined part of the parish.

§3. The eparchial bishop freely names a parochial vicar, having heard, unless he prudently judges otherwise, the pastor, or if it concerns a member of a religious institute or society of common life in the manner of religious, observing can.284, §2.

Can.302 - §1. The parochial vicars are to exercise the rights and obligations of the common and particular law as well as from the letters of the eparchial bishop and under the authority of the pastor; but, unless expressly determined otherwise and except for the obligation mentioned in can.294, the parochial vicar must, in virtue of his office assist in the entire parochial ministry and if circumstances warrant it, to substitute for the pastor.

§2. In virtue of his office, the parochial vicar does not have the faculty of blessing marriages; nevertheless, this faculty can also be conferred upon him even generally, by, besides the local hierarch, the pastor within the boundaries of the parish; if conferred upon him, the parochial vicar can also confer this faculty upon other priests for individual cases.

§3. The parochial vicar, as the cooperator of the pastor, provides daily a preeminent and active assistance in the pastoral function. Between the pastor and the parochial vicar there should always be a fraternal relationship, mutual love and reverence; they are to assist each other by consultation, help and example, studiously providing parochial care in harmonious and common will.

§4. The parochial vicar is bound by the obligation of residing in the parish according to the prescriptions of the eparchial bishop or lawful custom; the parochial vicar has the same rights to vacation as the pastor.

Can.303 – The parochial vicar can be removed by the eparchial bishop for a just cause; however, if the parochial vicar is a member of a religious institute or society of common life in the manner of religious, can.1391, §2 is to be observed.

 

CHAPTER IV

RECTORS OF CHURCHES

Can.304 – The rector of a church is a presbyter, to whom is given the care of some church which is neither parochial nor is connected with a house of an institute of consecrated life.

Can.305 - §1. The rector of a church is named by the eparchial bishop without prejudice to the right of the major superior of a religious institute or society of common life in the manner of religious to propose a suitable priest of his institute for appointment.

§2. Even if the church belongs to some clerical institute of consecrated life of pontifical or patriarchal right, the eparchial bishop is competent to name the rector of a church proposed by the superior.

§3. If the church is connected with a seminary or other college which is governed by presbyters, the rector of the seminary or college is, at the same time, the rector of the church unless the eparchial bishop has determined otherwise.

Can.306 - §1. In the church committed to him the rector of the church is not permitted to perform parochial functions unless the pastor consents or, if the matter warrants it, delegates the rector with due regard for can.336, §2.

§2. The rector of the church can celebrate the Divine Liturgy and the divine praises there with due regard for the legitimate statutes of foundation and as long as, in the judgment of the local hierarch, they are in no way prejudicial to the parochial ministry.

Can.307 – If he thinks it advisable, the local hierarch can order the rector of a church to celebrate specific sacred functions, even parochial ones, in the church committed to him, and to make the church available to certain groups of the Christian faithful.

Can.308 – Without the permission, at least presumed, of the rector of the church or higher authority, no one is allowed to celebrate the Divine Liturgy or the divine praises, administer the sacraments or perform other sacred functions in the church; but this permission must be given or denied according to the norms of the law.

Can.309 – Under the authority of the local hierarch and with due regard for the legitimate statutes and acquired rights, the rector of the church must see that the Divine Liturgy, sacraments and divine praises are celebrated in the church according to the prescriptions of the liturgical books and law, that obligations are faithfully fulfilled, that its ecclesiastical goods are carefully administered, that the maintenance and the good appearance of sacred furnishings and buildings are provided for and that nothing whatever is done which is in any way out of harmony with the sanctity of the place and the reverence due to a house of God.

Can.310 – The eparchial bishop can remove the rector of a church for a just cause. If the rector of the church is a member of a religious institute or society of common life in the manner of religious, can.1391, §2 is to be observed.

 CODE OF CANONS OF THE EASTERN CHURCHES : TITLE VII – EPARCHIES AND BISHOPS