CODE OF CANONS OF THE EASTERN CHURCHES: TITLE X CLERICS

 CODE OF CANONS OF THE EASTERN CHURCHES: TITLE X CLERICS

CODE OF CANONS OF THE EASTERN CHURCHES: TITLE X CLERICS

TITLE: X

CLERICS

Can.323 - §1. Clerics, who are also called sacred ministers, are Christian faithful who, chosen by the competent ecclesiastical authority, are deputed through a gift of the Holy Spirit received in sacred ordination to be ministers of the Church participating in the mission and power of Christ, the Pastor.

§2. In virtue of sacred ordination clerics are distinguished from the other Christian faithful by divine institution.

Can.324 – Clerics joined among themselves by hierarchial communion and constituted in various degrees participate in diverse ways in the one ecclesiastical ministry of divine origin.

Can.325 – In virtue of sacred ordination clerics are distinguished as bishops, presbyters and deacons.

Can.326 – Clerics are constituted into the degrees of orders by sacred ordination itself; but they cannot exercise that power except according to the norm of the law.

Can.327 – If besides bishops, presbyters or deacons, other ministers, constituted in minor orders, generally called minor clerics, are admitted or instituted for the service of the people of God or to exercise the functions of the sacred liturgy, they are governed only by the particular law of their own Church sui iuris.

 

CHAPTER I

THE FORMATION OF CLERICS

Can.328 – It is the proper right and obligation of the Church to train clerics and her other ministers; this obligation is particularly and more diligently fulfilled through the erection and governing of seminaries.

Can.329 - §1. The task of fostering vocations especially to the sacred ministries belongs to the whole Christian community, which, as its shared responsibility, must be solicitous for the needs of ministry of the whole Church:

            1° parents, teachers and other first educators of the Christian life are to take care that families and schools are so animated by the evangelical spirit that boys and young people called by the Lord through the Holy Spirit can freely hear and willingly respond to Him;

            2° clerics, especially pastors, are to take pains to discern and foster vocations both in young people and even in others of a more advanced age;

            3° the eparchial bishop especially, joining forces with other hierarchs, is to stir up his flock in promoting vocations and to coordinate their endeavors.

§2. Particular law is to provide that either regional or, insofar as is possible, eparchial projects for promoting vocations are instituted in all Churches, these oughts’ to be open to the needs of the universal Church, especially missionary needs.

Can.330 - §1. It is proper for the synod of bishops of the patriarchal Church or council of hierarchs to set up a program for the training of clerics, in which the common law is more precisely set forth for seminaries located within the territorial boundaries of its own Church. In other cases, it is proper to the eparchial bishop to develop this type of program for his own eparchy, without prejudice to can.150, §3. It is also proper to the same authorities to change the program.

§2. There can also be a program of formation, set up by mutual agreement, common to an entire region or nation or even with other Churches sui iuris being careful that the character of the rites suffer no harm.

§3. Faithfully observing common law and keeping in mind the tradition of its own Church sui iuris, the program of formation of clerics is to include, in addition to other things, more specific norms about the personal, spiritual, doctrinal and pastoral formation of students as well as about individual disciplines to be taught and the ordering of courses and of examinations.

 

ART.I

THE ESTABLISHMENT AND GOVERNING OF SEMINARIES

 

Can.331 - §1. In the minor seminary, in the first place those who seem to show signs of a vocation to the sacred ministry are to be instructed so that they can more easily and clearly discern it themselves and refine it by a dedicated spirit; according to the norm of particular law, others also can be instructed who, even though they do not seem to be called to the clerical state, can be formed to fulfill certain ministries or apostolic works. Other institutes which, according to their statutes, serve the same purposes, even if they differ in name, are equivalent to a minor seminary.

§2. In the major seminary, the vocation of those who are already considered suitable by certain signs for steadfastly undertaking the sacred ministries is more fully cultivated, proven and confirmed.

Can.332 - §1. A minor seminary may be erected in any eparchy if the good of the Church demands it and the personnel and financial resources permit it.

§2. A major seminary is to be established which serves either one very large eparchy or, if not a whole Church sui iuris, at least, by mutual agreement, several eparchies of the same Church sui iuris, and even of diverse Churches sui iuris which have an eparchy in the same region or nation so that, whether by the suitable number of students or the number of properly experienced moderators and teachers, as well as by sufficient material resources, and the best combined efforts, instruction is provided for which nothing is left wanting.

Can.333 – Even if it is preferred that a seminary, especially minor seminaries, be reserved to students of one Church sui iuris, on account of special circumstances students of another Church sui iuris can be admitted into the same seminary.

Can.334 - §1. A seminary is erected by the eparchial bishop for his own eparchy or in common for several eparchies by the eparchial bishops of those same eparchies or by higher authority, however with the consent of the council of hierarchs if that higher authority is of a metropolitan Church sui iuris or with the consent of the synod of bishops of the patriarchal Church if it is a patriarchal Church.

§2. Eparchial bishops, for whose subjects a common seminary has been erected, cannot validly erect another seminary without the consent of the authority which erected the common seminary, or, if it concerns a seminary erected by the eparchial bishops themselves, without the unanimous consent of the bishops who agreed or without the consent of their higher authority.

Can.335 - §1. A seminary legitimately erected is a juridic person by the law itself.

§2. The rector of the seminary represents it in the handling of all matters unless particular law or the statutes of the seminary have determined otherwise.

Can.336 - §1. A seminary common to several eparchies is subject to the hierarch designated by those who erected the seminary.

§2. The seminary is to be exempt from parochial governance; the rector of the seminary or his delegate is to fulfill the office of pastor for all who are in the seminary, with the exception of matrimonial matters and with due regard for the prescription of can.734.

Can.337 - §1. A seminary is to have its own statutes in which are determined first of all the special purpose and competence of its authorities. Furthermore, they are to establish the manner of appointment or election, term in office, rights and obligations and just remuneration of the moderators, officials, teachers and counselors as well as plans by which they and the students participate in the concerns of the rector especially in the observance of discipline of the seminary.

§2. The seminary is also to have its own directory in which the norm of the program of formation of clerics, accommodated to special circumstances, is put into effect and in which are more fully determined the areas of discipline which, without prejudice to the statutes, treat the formation of students as well as of daily life and the ordering of the whole seminary.

§3. The statutes of the seminary need the approval of the authority which erected the seminary and who is competent also, if the situation warrants, to modify them; with regard to the directory, this approval belongs to the authority determined in the statutes.

Can.338 - §1. In each and every seminary there is to be a rector and, if the situations warrant, a finance officer and other moderators and officials.

§2. The rector is to see to the general supervision of the seminary according to the norm of the statutes, to urge that the statutes and directory of the seminary be observed by all, to coordinate the work of the other moderators and officials and to foster unity and collaboration in the whole seminary.

Can.339 - §1. There is also to be at least one spiritual father, distinct from the rector; the students can also freely request as a spiritual father another presbyter approved by the rector for their spiritual director.

§2. Besides the ordinary confessors, other confessors are to be designated or invites, keeping intact the right of the students to petition for any confessor whomsoever, even from outside the seminary, without prejudice to the discipline of the seminary.

§3. In making judgments about persons it is not permitted to ask for the opinion of confessors or spiritual fathers.

Can.340 - §1. If a curriculum is set up in the seminary itself there are to be on hand a suitable number of teachers properly selected and truly expert in them on science and, in major seminaries, possessing suitable academic degrees.

§2. The teachers ought to confer regularly, day after day, having conducted proper preparation, and harmoniously cooperating among themselves and with the moderators of the seminary for an integrated formation of the future ministers of the Church, aimed at a unity of faith and formation among the varieties of disciplines.

§3. Teachers of the sacred sciences, having followed the footsteps of the holy fathers and doctors highly praised by the Church, especially of the East, are to strive to illustrate doctrine from the eminent treasury handed down by them.

Can.341 - §1. The authority which erected the seminary is to take care that the expenses of the seminary are met even by the assessments or collections treated in cann.1012 and 1014.

§2. Even religious houses are subject to the assessments for the seminary unless these houses are supported by donations or actually have a place of studies in them as treated in cann.471, §2 and 536, §2.

 

ART.III

FORMATION FOR MINISTRY

 

Can.342 -§1. Only those students are to be admitted into the seminary who, according to the norm of the statutes, are proven from documents to possess the required abilities.

§2. No one is to be accepted unless it is shown with certainty that he has received the sacraments of baptism and chrismation with holy myron.

§3. Those who were students in another seminary or in a religious institute or society of common life in the manner of religious are not to be admitted before obtaining the testimony of the rector or the superior, especially concerning the reason for dismissal or departure.

Can.343 – Students, even if admitted into a seminary of another Church sui iuris, or into a common seminary for several Churches sui iuris, are to be formed in their own rite. Any custom to the contrary is reprobated.

Can.344 - §1. Adolescents and young people living in a minor seminary are to have appropriate relationships with their families and peers, which they need for sound psychological, particularly emotional, development; however, they are carefully to avoid all things which, according to sound psychological and pedagogical norms, can diminish in any way the free choice of the state of life.

§2. Assisted by suitable spiritual direction students are to be trained in making personal and responsible decisions in the light of the Gospel and for the continual refinement of their various natural abilities, not omitting any appropriate virtues of human nature.

§3. The curriculum of a minor seminary is to consist of those things required in each nation for beginning higher studies, and insofar as the plan of studies permits, also those which are especially necessary or useful for undertaking the scared ministry; care is generally to be taken that students obtain a civil diploma, and their studies can be pursed, even somewhere else, if they so choose.

§4. Students more advanced in age are to be instructed either in a seminary or a special institute, having taken into account any earlier formation.

Can.345 – The formation of students is to be completed in the major seminary, supplementing those things which, perhaps, in individual cases, were lacking in their formation in the minor seminary, by integrating the spiritual, intellectual and pastoral formation so that they may be effective ministers of Christ in the midst of the Church, a light and the salt for the world of this age.

Can.346 - §1. Those aspiring to the sacred ministry are to be formed so that in the Holy Spirit, as a familiar companion, they might dwell with Christ and to seek God in all things, so that, impelled by the love of Christ, the Pastor, by the gift of their lives, they become solicitous to gain all people for the kingdom of God.

§2. They ought to draw daily from the word of God and especially from the sacraments, to receive the power for their spiritual lives and strength for apostolic labor:

            1° alert to the word of God, in constant meditation, and according to the example of the fathers of the faith, students are to train for a life more configured to the life of Christ, and, strengthened in faith, hope and charity, to strive to live according to the pattern given in the Gospel;

            2° they are to participate assiduously in the Divine Liturgy, which shines forth as the font and culmination of seminary life as it is of the whole of the Christian life;

            3° they ought to learn to celebrate continually the divine praises according to their own rite and to nourish their spiritual life from them;

            4° they ought to learn especially by means of spiritual direction to open rightly their consciousness and receive the sacrament of penance frequently;

            5° they ought to pursue a filial piety to Holy Mary ever Virgin, Mother of God, whom Christ established as mother of all people;

            6° they ought also to foster exercises of piety which are conducive to a spirit of prayer and to the strength and defense of an apostolic vocation, especially by those things which are commended by the venerable tradition of their own Church sui iuris; further, spiritual retreat, instruction concerning the sacred ministries and exhortations in the way of the spirit are recommended;

            7° students are to be educated according to the mind of the Church and its service as well as to the virtue of obedience and mutual cooperation with their brothers;

            8° they are to be helped also with those other virtues, which especially apply to their vocation, such as discretion of spirit, chastity, fortitude of the soul; they are also to esteem and cultivate those virtues which are found among most of humanity and enhance the ministry of Christ, among which are sincerity of heart, diligent concern for justice, the spirit of poverty, fidelity to promises, courtesy in acting, speaking modestly joined with charity.

§3. The disciplinary norms of the seminary are to be applied according to the maturity of the students so that, while they learn more to discipline themselves by degrees, they may be trained to use freedom wisely and to act unaided and diligently.

Can.347 – Doctrinal instruction should be directed so that the students, understanding the general culture of the place and time and investigating the undertakings and accomplishments of the human spirit, may acquire broad and solid instruction in the sacred sciences, so that educated with a fuller understanding of the faith and strengthened in the light of Christ the teacher, they may be able more effectively to illuminate the people of their time and to serve truth.

Can.348 - §1. For those who are destined for the priesthood, the studies of the major seminary, without prejudice to can.345, are to be comprised of philosophical and theological courses, which can be followed either successively or conjointly. These same studies are to encompass at least six complete years in such a way that two full years are devoted to the philosophical disciplines and four full years to theological studies.

§2. They ought to start the philosophical-theological course with an introduction into the mystery of Christ and the economy of salvation, and they shall not finish until there has been shown, taking into consideration the order or hierarchy of the truths of Catholic doctrine, the relationship between all the disciplines and their coherent arrangement.

Can.349 - §1. Philosophical instruction should be taught so that it accomplishes a formation in the human sciences; therefore, having taken into account the wisdom both of the ancient and the recent age, of the whole human family and especially of their own culture, the perennially valid philosophical patrimony is to be sought.

§2. Both historical and systematic courses are to be taught so that students can easily discern truth and falsehood with a sharp intellectual discretion, can properly pursue theological investigations with a mind open to the word of God, and be made more suitable for carrying out the ministry by a dialogue with the learned people of this age.

Can.350 - §1. Theological disciplines are to be so taught in the light of faith in such a way that students deeply penetrate Catholic doctrine drawn from divine revelation and express it in their own culture so that it may be nourishment for their own spiritual life and an instrument for usefully carrying out effective ministry.

§2. It is necessary that Sacred Scripture be as the soul of all of theology, and must influence all sacred disciplines; therefore, in addition to exegesis, an accurate methodology, the principal sources of the economy of salvation as well as the greater themes of biblical theology are to be taught.

§3. Liturgy is to be taught in virtue of its special importance as a necessary source of doctrine and of a truly Christian spirit.

§4. As long as the unity which Christ wished for His Church has not been fully brought into reality, ecumenism is to be one of the necessary considerations of each and every theological discipline.

Can.351 – Teachers of the scared sciences, since they teach with a mandate from ecclesiastical authority, ate faithfully to teach the doctrine proposed by it, and are to submit (obsequor) humbly in all things to the constant magisterium and supervision of the Church.

Can.352 – §1. The pastoral formation is to be adapted according to the conditions of place and time and to the aptitude of the students whether celibate or married and to the needs of the ministry for which they are preparing themselves.

§2. Students are to be instructed especially in the catechetical and homiletic arts, liturgical celebration, parish administration, dialogue of evangelization with non-believers or non-Christians, or with the less fervent Christian faithful, the social apostolate and the instruments of social communication, not neglecting auxiliary disciplines such as psychology and pastoral sociology.

§3. Although students are preparing themselves for the ministry in their own Church sui iuris, they are to be formed in a truly universal spirit by which they are prepared in spirit to respond in the service of souls everywhere in the world. Therefore, they are to be thoroughly instructed about the needs of the universal Church, and especially about the apostolate of ecumenism and evangelization.

Can.353 – According to the norm of particular law, there are to be exercises and tests strengthening pastoral formation, in such areas as social or charitable service, catechetical instruction, but especially in the pastoral internship during philosophical-theological formation, and in the diaconal internship before ordination to the presbyterate.

Can.354 – The formation of deacons not destined for the priesthood is to be appropriately adapted from the norms given above so that the curriculum of studies extends at least three years keeping in mind the traditions of their own Church sui iuris concerning the service of the liturgy, the word and charity.

Can.355 – Candidates for ordination are to be properly taught the obligations of clerics and led to undertake and fulfill them magnanimously.

Can.356 - §1. The rector is to send a report on the formation of the students each year to the eparchial bishop or, if the situation is such, to the major superior; but concerning the status of the seminary, to those who established it.

§2. The eparchial bishop or major superior is to visit the seminary frequently for consultation concerning the formation of his students especially if there is a question concerning those to be promoted to sacred orders.

 

CHAPTER II

THE ENROLLMENT OF CLERICS IN AN EPARCHY

 

Can.357 - §1. Every cleric is to be enrolled as a cleric either in some eparchy or exarchy or religious institute or society of common life in the manner of religious or, also, in institutes or in associations which have obtained from the Apostolic See the right to enroll clerics in themselves or, within the territorial boundaries of the church over which he presides, from the patriarch with the consent of the permanent synod.

 §2. What is established concerning the enrollment of clerics in some eparchy and dismissal from it is also applicable with the appropriate modification to those juridic persons mentioned above as well as, if the particular law so states, to the patriarchal Church itself, unless the law has expressly stated otherwise.

Can.358 – Through diaconal ordination a man is enrolled as a cleric in the eparchy for whose service he is ordained unless, according to the norm of the particular law of his own Church sui iuris, he has already been enrolled in the same eparchy.

Can.359 – In order that a cleric already enrolled in some eparchy to be validly transferred in another eparchy he must obtain from his eparchial bishop letters of dismissal signed by that same bishop and at the same time must obtain letters of enrollment signed by the eparchial bishop of the eparchy in which he wishes to be enrolled.

Can.360 - §1. Through a written agreement between both eparchial bishops in which the rights and obligations of the cleric or bishops are established, a cleric can move into another eparchy for a determined period of time, even renewed many times, but he retains his original enrollment.

§2. With the passage of five years after the legitimate move the cleric is by the law itself enrolled in the host eparchy if he has made such a desire known in writing to both eparchial bishops and neither bishop expresses opposition in writing within four months.

Can.361 – A cleric, mostly for the evangelization of the whole Church, is not to be denied a transfer in enrollment or a move to another eparchy laboring under a severe lack of clergy, so long as he is prepared and suitable for carrying out the ministry there, unless there is a true need in his own eparchy or Church sui iuris.

Can.362 - §1. For a just reason a cleric can be recalled from the other eparchy by his own eparchial bishop or returned by the hosting eparchial bishop observing the agreements made as well as equity.

§2. One legitimately returning to his own eparchy from another does so without prejudice to and having preserved all of the rights which he would have had if he had exercised the sacred ministry there.

Can.363 – The following cannot validly enroll a cleric in an eparchy, dismiss him from it, or grant permission to the cleric to move outside of it:

            1° the administrator of the patriarchal Church, without the consent of the permanent synod; the patriarchal exarch and the administrator of an eparchy without the consent of the patriarch;

            2° in other cases, the administrator of an eparchy, unless the eparchial see has been vacant for a year, and then only with the consent of the college of eparchial consultors.

Can.364 – The enrollment of a cleric in some eparchy does not cease except by valid enrollment in another eparchy or by loss of the clerical state.

Can.365 - §1. For licit transfer in or move to another eparchy just causes such as the advantage of the Church or the good of the cleric himself are required. Permission is not to be denied except for serious reasons.

§2. If the particular law of the Church sui iuris so prescribes, it is also required for the licit transfer to an eparchy of another Church sui iuris that the eparchial bishop releasing the cleric obtain the consent of the authority determined by the same particular law.

Can.366 - §1. The eparchial bishop is not to enroll an alien cleric to his eparchy unless:

            1° the needs or advantage of the eparchy require it;

            2° he is convinced that the cleric has the aptitude to carry out the ministry, especially if the cleric is coming from another Church sui iuris;

            3° he is convinced by a legitimate document that the cleric has obtained legitimate dismissal from his eparchy; and he has obtained from the dismissing eparchial bishop, secretly if appropriate, suitable testimonials concerning the background and morals of the cleric;

            4° the cleric has declared in writing that he is devoting himself to service of the new eparchy according to the norm of the law.

§2. The eparchial bishop is to inform the previous eparchial bishop about the completed enrollment of the cleric into his eparchy as soon as possible.

 

CHAPTER III

THE RIGHTS AND OBLIGATIONS OF CLERICS

 

Can.367 – Clerics have, as their first obligation, to announce the Kingdom of God to all and to make manifest the love of God towards all humanity in the ministry of the Word and sacraments and even in their whole lives, so that all, loving one another and above all things loving God, may be built up and increase in the Body of Christ which is the Church.

Can.368 – clerics are bound in a special manner to the perfection which Christ proposed to his disciplines, since they are consecrated to God in a new way by sacred ordination, so that they may become more suitable instruments of Christ, the eternal priest, in the service of the people of God, and at the same time that they be exemplary models to the flock.

Can.369 - §1. The daily reading and meditation of the Word of God is incumbent upon clerics so that as faithful and truly attentive hearers of the Christ, they may become true ministers of preaching; they are to be unremitting in prayer, in liturgical celebrations and especially in devotions toward the mystery of the Eucharist. They are to daily examine their consciences and frequently receive the sacrament of penance. They are to honor St.Mary, the ever, Virgin Mother of God, and implore from her the grace of conforming themselves to her Son; they are to carry out the other pious exercises of their own Church sui iuris.

§2. They are to attach great importance to spiritual direction and to take time for spiritual retreats at the times established according to the prescriptions of the particular law.

Can.370 – Clerics are bound by a special obligation to show reverence and obedience to the Roman Pontiff, the patriarch and the eparchial bishop.

Can.371 - §1. Having fulfilled the requirements of law, clerics have the right to obtain from their eparchial bishop an office, ministry or function to be exercised in the service of the Church.

§2. Clerics are to accept and faithfully carry out every office, ministry, or function committed to them by the competent authority whenever, in the judgment of this same authority, the needs of the Church require it.

§3. However, in order that they may exercise a civil profession the permission of their own proper hierarch is required.

Can.372 - §1. After completing the formation which is required for sacred orders clerics are not to stop devoting attention to the sacred sciences. Indeed, they are to take measures to acquire a more profound and timely knowledge and use of them through formative courses approved by their own hierarch.

§2. They are to attend conferences which the hierarch has judged suitable for promoting the sacred sciences and pastoral matters.

§3. Also, they are not to neglect to acquire for themselves as much knowledge of profane sciences, especially those sciences connected more intimately with the sacred sciences, such as those which cultured people ought to have.

Can.373 – Clerical celibacy chosen for the sake of the kingdom of heaven and suited to the priesthood is to be greatly esteemed everywhere, as supported by the tradition of the whole Church; likewise, the hallowed practice of married clerics in the primitive Church and in the tradition of the Eastern Churches throughout the ages is to be held in honor.

Can.374 – Clerics, celibate or married, are to excel in the virtue of chastity; it is for the particular law to establish suitable means for pursuing this end.

Can.375 – In leading family life and in educating children married clergy are to show an outstanding example to another Christian faithful.

Can.376 – The praiseworthy common life among the celibate clergy is to be fostered, insofar as possible, so that they may be mutually helped in cultivating the spiritual and intellectual life and may be able to cooperate more fittingly in the ministry.

Can.377 – All clerics must celebrate the divine praises according to the particular law of their own Church sui iuris.

Can. 378 – According to the norm of the particular law clerics are to celebrate the Divine Liturgy frequently, especially on Sundays and holy days of obligation; indeed, daily celebration is eagerly encouraged.

Can.379 – Clerics of whatever Church sui iuris linked as brothers in the bond of charity to attain the unity of all, work together for the building up of the body of Christ and consequently whatever their condition, are to cooperate among themselves and help one another, even performing diverse functions.

Can.380 – All clerics are to have a concern for vocations to the sacred ministry and to the life in institutes of consecrated life, promoting them not only by preaching, catechesis and other suitable means, but especially by the witness of life and ministry.

Can.381 - §1. Clerics are to be ardent in apostolic zeal, an example to all in works of charity and hospitality especially towards the sick, the afflicted, the persecuted, the exiled and refugees.

§2. Unless constrained by a just impediment, clerics are bound by the obligation to provide assistance to the Christian faithful out of the spiritual goods of the Church, especially the word of God and the sacraments, when they ask for them at appropriate times, are properly disposed, and are not prohibited by law from receiving them.

§3. Clerics are to recognize and promote the dignity of the laity and the particular part which they have in the mission of the Church, especially by testing the multiform gifts of the laity, and also by channeling the experience of these lay people for the good of the church especially in ways provided by the law.

Can.382 – Clerics are to abstain completely from all those things unbecoming to their state, according to the norms determined in detail by particular law, and also to avoid those things which are alien to it.

Can.383 – Even though it is fitting that clerics have the same civil and political rights as other citizens, nevertheless:

            1° they are forbidden to assume public offices which entail a participation in the exercise of civil power;

            2° since military service is less appropriate for those in the clerical state, clerics are not to take it up voluntarily except by permission of their hierarch;

            3° they are to make use of exemption from exercising public functions and offices alien to the clerical state as well as military service granted in their favor by civil laws, agreements or customs.

Can.384 - §1. As ministers of reconciliation of all in the love of Christ, clerics are to take measures to foster among all people peace, unity and harmony based on justice.

§2. Clerics are not to have an active part in political parties nor in the supervision of labor unions unless, in the judgment of the eparchial bishop or, if particular law so states, of the patriarch or of another authority, the need to protect the rights of the Church or to promote the common good requires it.

Can.385 - §1. Imbued with Christ’s spirit of poverty, clerics are to strive to lead a simple life and thus to be witnesses to the heavenly goods before the world; using spiritual discretion let them designate their temporal goods to correct use; and from the goods they acquire on the occasion of the exercise of an ecclesiastical office, ministry, or function, let them first provide for their own suitable sustenance and for the fulfillment of their obligations and then devote and share the rest in works of the apostolate or of charity.

§2. Clerics are forbidden to exercise by themselves or through another any business or trade whether for their own benefit or for that of another, except with permission of the authority defined by particular law or by the Apostolic See.

§3. A cleric is forbidden to post bond, even from his own goods, unless he has consulted his own eparchial bishop, or, as the case may be, the major superior.

Can.386 - §1. Clerics, even if they do not have a residential office, nevertheless are not to leave their eparchy for a notable period of time determined by particular law without the permission, at least presumed, of their local hierarch.

§2. A cleric who is residing outside his own eparchy is subject to the eparchial bishop in those matters which regard the obligations of his state of life. If he will reside there for a lengthy time, he is to inform the local hierarch without delay.

Can.387 – Particular law is to be observed in regard to the attire of clerics.

Can.388 – Clerics to whom have been granted rights and insignia, which are connected to dignities conferred upon them cannot use them outside the place where the authority who granted the dignity exercises his authority or upon the granting of the same dignity written consent was given to use them with no exceptions, or unless they accompany the authority who had granted the dignity or represent him or have obtained the consent of the local hierarch.

Can.389 – Clerics are to strive to avoid any controversies whatever; if however controversies arise among them, they are to be referred to the forum of the Church and this should also be done, if possible, even in the case of controversies between clerics and other Christian faithful.

Can.390 - §1. Clerics have the right to a suitable sustenance and to receive a just remuneration for carrying out the office or function committed to them; in the case of married clerics, the sustenance of their families, unless this has been otherwise sufficiently provided, is to be taken into account.

§2. They also have the right that there be provided for themselves as well as for their families, if they are married, suitable pension funds, social security as well as health benefits. So that this right can be effectively put into practice clerics are bound by an obligation on their part to contribute to the fund spoken of in can.1021, §2 according to the norm of the particular law.

Can.391 – Clerics are free, without prejudice to can.578, §3, to associate with others for the purpose of pursuing ends suitable to the clerical state. However, it belongs to the eparchial bishop to judge authentically concerning this suitability.

Can.392 – Clerics have a right to annual vacations as determined by the particular law.

Can.393 – clerics, whatever their condition, are to care in their heart for all of the churches, and therefore to serve her wherever there is great necessity; let them show willingness, especially with the permission or encouragement of their own eparchial bishop or superior, to exercise their ministry in the missions or in regions laboring under a shortage of clergy.

 

CHAPTER IV

THE LOSS OF THE CLERICAL STATE

 

Can. 394 – After it has been validly received, sacred ordination never becomes invalid. A cleric, however, loses the clerical state:

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

            2° by the legitimate infliction of the penalty of dismissal;

            3° by a rescript of the Apostolic See or in accordance with the norm of can.397, of the patriarch; this rescript cannot be granted licitly by the patriarch and is not granted by the Apostolic See to deacons without serious cause nor to presbyters without most serious cause.

Can.395 – A cleric who loses the clerical state according to the norm of the law, loses with it the rights proper to the clerical state nor is he further bound by the obligations of the clerical state without prejudice, however, to can.396; he is forbidden to exercise the power of order without prejudice to cann.725 and 735, §2; he is by the law itself deprived of all offices, ministries, functions and any delegated power.

Can.396 – Except for the case in which the invalidity of sacred ordination has been declared, loss of the clerical state does not carry with it a dispensation from the obligation of celibacy, which is granted only by the Roman Pontiff.

Can.397 – The patriarch, with the consent of the synod of bishops of the patriarchal Church or, if there is danger in delay, of the permanent synod, can grant the removal of the clerical state to clerics having domicile or quasi-domicile within the territorial boundaries of his own patriarchal Church and who are not bound by the obligation of clerical celibacy or, if bound, are not petitioning a dispensation from this obligation; in other cases the matter is to be deferred to the Apostolic See.

Can.398 – One who has lost the clerical state by rescript of the Apostolic See can be readmitted among the clerics solely by the Apostolic see; but one who obtained removal from the clerical state from the patriarch can be readmitted among the clerics also by the patriarch.

 

CODE OF CANONS OF THE EASTERN CHURCHES: TITLE X CLERICS