Recent Changes for "Book 5" - Canon Law

Book 5

amycsj — 2008-05-14 12:33:43

Differences for Book 5

Deletions are marked with - .	Additions are marked with +.
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- =Title One: The Acquisition of Goods =
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- '''Canon 1259''' The Church may acquire temporal goods in any way in which, by either natural or positive law, it is lawful for others to do this. - '''Canon 1260''' The Church has the inherent right to require from the faithful whatever is necessary for its proper objectives. - '''Canon 1261''' §1 The faithful have the right to donate temporal goods for the benefit of the Church. §2 The diocesan Bishop is bound to remind the faithful of the obligation mentioned in Can. 222 §1, and in an appropriate manner to urge it. - '''Canon 1262''' The faithful are to give their support to the Church in response to appeals and in accordance with the norms laid down by the Episcopal Conference. - '''Canon 1263''' The diocesan Bishop, after consulting the finance committee and the council of priests, has the right to levy on public juridical persons subject to his authority a tax for the needs of the diocese. This tax must be moderate and proportionate to their income. He may impose an extraordinary and moderate tax on other physical and juridical persons only in a grave necessity and under the same conditions, but without prejudice to particular laws and customs which may give him greater rights. - '''Canon 1264''' Unless the law prescribes otherwise, it is for the provincial Bishops’ meeting to: 1° determine the taxes, to be approved by the Apostolic See, for acts of executive authority which grant a favour, or for the execution of rescripts from the Apostolic See; 2° determine the offerings on the occasion of the administration of the sacraments and sacramentals. - '''Canon 1265''' §1 Without prejudice to the right of mendicant religious, all private juridical or physical persons are forbidden to make a collection for any pious or ecclesiastical institute or purpose without the written permission of their proper Ordinary and of the local Ordinary. §2 The Episcopal Conference can draw up rules regarding collections, which must be observed by all, including those who from their foundation are called and are ‘mendicants’. - '''Canon 1266''' §1 In all churches and oratories regularly open to Christ’s faithful, including those belonging to religious institutes, the local Ordinary may order that a special collection be taken up for specified parochial, diocesan, national or universal initiatives. The collection must afterwards be carefully forwarded to the diocesan curia. - '''Canon 1267''' §1 Unless the contrary is clear, offerings made to Superiors or administrators of any ecclesiastical juridical person, even a private one, are presumed to have been made to the juridical person itself. §2 If there is question of a public juridical person, the offerings mentioned in §1 cannot be refused except for a just reason and, in matters of greater importance, with the permission of the Ordinary. Without prejudice to the provisions of Canon 1295, the permission of the Ordinary is also required for the acceptance of offerings to which are attached some qualifying obligation or condition. §3 Offerings given by the faithful for a specified purpose may be used only for that purpose. - '''Canon 1268''' The Church recognises prescription, in accordance with Cann. 197 199, as a means both of acquiring temporal goods and of being freed from their obligations. - '''Canon 1269''' Sacred objects of private individuals may be prescribed, but not for secular purposes unless they have lost their dedication or blessing. Those belonging to a public ecclesiastical juridical person may be acquired only by another public ecclesiastical juridical person. - '''Canon 1270''' Immovable goods, precious movable goods, rights and legal claims, of the Apostolic See are prescribed in 100 years. Goods which belong to another public ecclesiastical juridical person are prescribed in 30 years. - '''Canon 1271''' By unity and charity, and according to their resources, Bishops are to support the Apostolic See in its service of the universal Church. - '''Canon 1272''' In those regions where benefices properly so called still exist, it is for the Episcopal Conference to regulate such benefices by appropriate norms, agreed with and approved by the Apostolic See. The purpose of these norms is that the income and as far as possible the capital itself of the benefice should by degrees be transferred to the fund mentioned in Canon 1274 §1.	+ Civil competence for goods, some give legal personality for all church entities, others have to form civil associations. The second manner raises the problem of the two entities being parallel. + '''Canon 1254 Right.''' + §1 The catholic Church has the inherent right, independently of any secular power, to acquire, retain, administer and alienate temporal goods, in pursuit of its proper objectives. + §2 These proper objectives are principally the regulation of divine worship, the provision of fitting support for the clergy and other ministers, and the carrying out of works of the sacred apostolate and of charity, especially for the needy. + '''Canon 1255 Capacity.''' + The universal Church, as well as the Apostolic See, particular Churches and all other public and private juridical persons are capable of acquiring, retaining, administering and alienating temporal goods, in accordance with the law. + '''Canon 1256 Ownership.''' + Under the pope juridic person owns its goods. + '''Canon 1257 Ecclesiastical Goods.''' + §1 Goods of Church, Apostolic see and publica juridic persons are ecclesiastical goods regulated by canon law and their statutes. + §2 Goods of private juridic persons own their own goods. + '''Canon 1258 Church.''' + Herein, "Church" means universal Church, Apostolic See, or public juridic person, unless the contrary is clear. + =Title One: The Acquisition of Goods = + '''Canon 1259''' + The Church may acquire temporal goods in any way in which, by either natural or positive law, it is lawful for others to do this. + '''Canon 1260''' + The Church has the inherent right to require from the faithful whatever is necessary for its proper objectives. T: taxation would be a possibility - Kerkensteuer, Tassa. Tithing is requested / required from members, in some places. This was a controversial provision in the development of the code. + '''Canon 1261''' + §1 The faithful have the right to donate temporal goods for the benefit of the Church. §2 The diocesan Bishop is bound to remind the faithful of the obligation mentioned in Can. 222 §1, and in an appropriate manner to urge it. C: The state shouldn't make contravene this right. + '''Canon 1262 Support.''' + The faithful are to give their support to the Church in response to appeals and in accordance with the norms laid down by the Episcopal Conference. + '''Canon 1263 Tax.''' + The diocesan Bishop can tax public juridical persons moderate and proportionate to their income. For grave need can tax other physical and juridical persons. + '''Canon 1264 Fees.''' + Provincial Bishops to: 1° determine the taxes for acts of executive authority; 2° determine the offerings for sacraments and sacramentals. + '''Canon 1265 Alms''' + §1 Except mendicants, ordinary must approve collections of alms. §2 The Episcopal Conference can draw up rules regarding collections for all. T: more norms for alms than for contracts since there seems more chance for abuse. + '''Canon 1266 Collection.''' + In all churches and oratories bishop can order special collection. + '''Canon 1267 Offerings.''' + §1 Offerings to superiors are for juridic person. §2 It can't be refused except for a just reason and, in matters of greater importance, with the permission of the Ordinary. The permission of the Ordinary is required for offerings with a condition. §3 Offerings given by the faithful for a specified purpose may be used only for that purpose. + '''Canon 1268 Prescription.''' + The Church recognises prescription, in accordance with Cann. 197 199, as a means both of acquiring temporal goods and of being freed from their obligations. + '''Canon 1269 Sacred Objects.''' + Sacred objects of private individuals may be prescribed, but not for secular purposes unless they have lost their dedication or blessing. Ecclesiastical sacred objects can only go to other public ecclesiastical juridical persons. + '''Canon 1270 Immovable goods.''' + Immovable goods, precious movable goods, rights and legal claims, of the Apostolic See are prescribed in 100 years. Goods which belong to another public ecclesiastical juridical person are prescribed in 30 years. + '''Canon 1271 Support of Apostolic See.''' + By unity and charity, and according to their resources, Bishops are to support the Apostolic See. T: Germany and US were main support, now both countries are having financial difficulties. + '''Canon 1272 Benefices.''' + Episcopal Conference to regulate benefices so that the capital of the benefice should by degrees be transferred to the fund mentioned in Canon 1274 §1. T: Benefice is an endowed ecclesiastical office, e.g. with a factory.
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- - =Title Two The Administration of Goods =	+ =Title Two The Administration of Goods.=
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- '''Canon 1273''' The Roman Pontiff, by virtue of his primacy of governance, is the supreme administrator and steward of all ecclesiastical goods. - '''Canon 1274''' §1 In every diocese there is to be a special fund for the support of the clergy who serve the diocese, unless they are otherwise cared for. §2 Where there is no social provision for the clergy, the Episcopal Conference is to see to it. §3 Diocese is to have a reserve for the support of persons who serve the Church and the needs of the diocese, and to help poorer dioceses. §4 Diocese or Episcopal conferences can cooperate on these funds. §5 If possible, these funds are to be established in such a manner that they will have standing also in the civil law. - '''Canon 1275''' A reserve set up by a number of different dioceses is to be administered according to norms opportunely agreed upon by the Bishops concerned. - '''Canon 1276''' §1 Ordinaries must carefully supervise the administration of all the goods which belong to public juridical persons subject to them, without prejudice to lawful titles which may give the Ordinary greater rights. §2 Taking into account rights, lawful customs and the circumstances, Ordinaries are to regulate the whole matter of the administration of ecclesiastical goods by issuing special instructions, within the limits of universal and particular law. - '''Canon 1277''' In carrying out acts of administration which, in the light of the financial situation of the diocese, are of major importance, the diocesan Bishop must consult the finance committee and the college of consultors. For acts of extraordinary administration, except in cases expressly provided for in the universal law or stated in the documents of foundation, the diocesan Bishop needs the consent of the committee and of the college of consultors. It is for the Episcopal Conference to determine what are to be regarded as acts of extraordinary administration. - '''Canon 1278''' Besides the duties mentioned in Can. 494 §§3 and 4, the diocesan Bishop may also entrust to the financial administrator the duties mentioned in Canon 1276 §1 and Canon 1279 §2. - '''Canon 1279''' §1 The administration of ecclesiastical goods pertains to the one with direct power of governance over the person to whom the goods belong, unless particular law or statutes or legitimate custom state otherwise, and without prejudice to the right of the Ordinary to intervene where there is negligence on the part of the administrator. §2 Where no administrators are appointed for a public juridical person by law or by the documents of foundation or by its own statutes, the Ordinary to which it is subject is to appoint suitable persons as administrators for a three-year term. The same persons can be re-appointed by the Ordinary. - '''Canon 1280''' Every juridical person is to have its own finance committee, or at least two counsellors, who are to assist in the performance of the administrator's duties, in accordance with the statutes. - '''Canon 1281''' §1 Without prejudice to the provisions of the statutes administrators act invalidly when they go beyond the limits and manner of ordinary administration, unless they have first received in writing from the Ordinary the faculty to do so. §2 The statutes are to determine what acts go beyond the limits and manner of ordinary administration. If the statutes are silent on this point, it is for the diocesan Bishop, after consulting the finance committee, to determine these acts for the persons subject to him. §3 Except and insofar as it is to its benefit, a juridical person is not held responsible for the invalid actions of its administrators. The juridical person is, however, responsible when such actions are valid but unlawful, without prejudice to its right to bring an action or have recourse against the administrators who have caused it damage. - '''Canon 1282''' All persons, whether clerics or laity, who lawfully take part in the administration of ecclesiastical goods, are bound to fulfil their duties in the name of the Church, in accordance with the law. - '''Canon 1283''' Before administrators undertake their duties: 1° they must take an oath, in the presence of the Ordinary or his delegate, that they will well and truly perform their office; 2° they are to draw up a clear and accurate inventory, to be signed by themselves, of all immovable goods, of those movable goods which are precious or of a high cultural value, and of all other goods, with a description and an estimate of their value; when this has been compiled, it is to be certified as correct; 3° one copy of this inventory is to be kept in the administration office and another in the curial archive; any change which takes place in the property is to be noted on both copies. - '''Canon 1284''' §1 All administrators are to perform their duties with the diligence of a good householder. §2 Therefore they must: 1° be vigilant that no goods placed in their care in any way perish or suffer damage; to this end they are, to the extent necessary, to arrange insurance contracts; 2° ensure that the ownership of ecclesiastical goods is safeguarded in ways which are valid in civil law; 3° observe the provisions of canon and civil law, and the stipulations of the founder or donor or lawful authority; they are to take special care that damage will not be suffered by the Church through the non-observance of the civil law; 4° seek accurately and at the proper time the income and produce of the goods, guard them securely and expend them in accordance with the wishes of the founder or lawful norms; 5° at the proper time pay the interest which is due by reason of a loan or pledge, and take care that in due time the capital is repaid; 6° with the consent of the Ordinary make use of money which is surplus after payment of expenses and which can be profitably invested for the purposes of the juridical person; 7° keep accurate records of income and expenditure; 8° draw up an account of their administration at the end of each year; 9° keep in order and preserve in a convenient and suitable archive the documents and records establishing the rights of the Church or institute to its goods; where conveniently possible, authentic copies must be placed in the curial archives. §3 It is earnestly recommended that administrators draw up each year a budget of income and expenditure. However, it is left to particular law to make this an obligation and to determine more precisely how it is to be presented. - '''Canon 1285''' Solely within the limits of ordinary administration, administrators are allowed to make gifts for pious purposes or christian charity out of the movable goods which do not form part of the stable patrimony. - '''Canon 1286''' Administrators of temporal goods: 1° in making contracts of employment, are accurately to observe also, according to the principles taught by the Church, the civil laws relating to labour and social life; 2° are to pay to those who work for them under contract a just and honest wage which will be sufficient to provide for their needs and those of their dependents. - '''Canon 1287''' §1 Where ecclesiastical goods of any kind are not lawfully withdrawn from the power of governance of the diocesan Bishop, their administrators, both clerical and lay, are bound to submit each year to the local Ordinary an account of their administration, which he is to pass on to his finance committee for examination. Any contrary custom is reprobated. §2 Administrators are to render accounts to the faithful concerning the goods they have given to the Church, in accordance with the norms to be laid down by particular law. - '''Canon 1288''' Administrators are not to begin legal proceedings in the name of a public juridical person, nor are they to contest them in a secular court, without first obtaining the written permission of their proper Ordinary. - '''Canon 1289''' Although they may not be bound to the work of administration by virtue of an ecclesiastical office, administrators may not arbitrarily relinquish the work they have undertaken. If they do so, and this occasions damage to the Church, they are bound to restitution.	+ '''Canon 1273 Supreme Administrator.''' + The Roman Pontiff, by virtue of his primacy of governance, is the supreme administrator and steward of all ecclesiastical goods. + '''Canon 1274 Support of Clergy.''' + §1 ''Every diocese'' is to have a fund for support of clergy. §2 ''Episcopal Conference'' to ensure social provision for the clergy. §3 Diocese is to support diocesan workers, diocese and poorer dioceses. §4 Diocese or Episcopal conferences can cooperate on these funds. §5 Funds should have standing also in the civil law. T: When a juridic person is split, goods have to be negotiated between the two. + '''Canon 1275 Reserve.''' + A reserve set up by a number of different dioceses is to be administered according to norms opportunely agreed upon by the Bishops concerned. + '''Canon 1276 Bishop.''' + §1 Ordinaries must carefully supervise the administration of ecclesiastical goods. §2 Ordinaries are to regulate the whole matter of the administration of ecclesiastical goods by instructions, within the limits of rights, and universal and particular law. + '''Canon 1277 Major Administration.''' + For major acts of administration the bishop must consult the finance committee and the college of consultors. For acts of extraordinary administration, diocesan Bishop needs the consent of the committee and of the college of consultors. Episcopal Conference to determine what are to be regarded as acts of extraordinary administration. + '''Canon 1278 Finance officer''' + Besides the duties mentioned in Can. 494 §§3 and 4, the diocesan Bishop may also entrust to the financial administrator the duties mentioned in Canon 1276 §1 and Canon 1279 §2. + '''Canon 1279 Administrators''' + §1 The administration of ecclesiastical goods pertains to the one with direct power of governance over the person to whom the goods belong, unless particular law or statutes or legitimate custom state otherwise, and without prejudice to the right of the Ordinary to intervene where there is negligence on the part of the administrator. §2 Where no administrators are appointed for a public juridical person by law or by the documents of foundation or by its own statutes, the Ordinary to which it is subject is to appoint suitable persons as administrators for a three-year term. The same persons can be re-appointed by the Ordinary. + '''Canon 1280 Finance Committee''' + Every juridical person is to have its own finance committee, or at least two counsellors, who are to assist in the performance of the administrator's duties, in accordance with the statutes. + '''Canon 1281''' + §1 Without prejudice to the provisions of the statutes administrators act invalidly when they go beyond the limits and manner of ordinary administration, unless they have first received in writing from the Ordinary the faculty to do so. §2 The statutes are to determine what acts go beyond the limits and manner of ordinary administration. If the statutes are silent on this point, it is for the diocesan Bishop, after consulting the finance committee, to determine these acts for the persons subject to him. §3 Except and insofar as it is to its benefit, a juridical person is not held responsible for the invalid actions of its administrators. The juridical person is, however, responsible when such actions are valid but unlawful, without prejudice to its right to bring an action or have recourse against the administrators who have caused it damage. + '''Canon 1282''' + All persons, whether clerics or laity, who lawfully take part in the administration of ecclesiastical goods, are bound to fulfil their duties in the name of the Church, in accordance with the law. + '''Canon 1283''' + Before administrators undertake their duties: 1° they must take an oath, in the presence of the Ordinary or his delegate, that they will well and truly perform their office; 2° they are to draw up a clear and accurate inventory, to be signed by themselves, of all immovable goods, of those movable goods which are precious or of a high cultural value, and of all other goods, with a description and an estimate of their value; when this has been compiled, it is to be certified as correct; 3° one copy of this inventory is to be kept in the administration office and another in the curial archive; any change which takes place in the property is to be noted on both copies. + '''Canon 1284 Duties''' + §1 All administrators are to perform their duties with the diligence of a good householder. §2 Therefore they must: 1° be vigilant that no goods placed in their care in any way perish or suffer damage; to this end they are, to the extent necessary, to arrange insurance contracts; 2° ensure that the ownership of ecclesiastical goods is safeguarded in ways which are valid in civil law; 3° observe the provisions of canon and civil law, and the stipulations of the founder or donor or lawful authority; they are to take special care that damage will not be suffered by the Church through the non-observance of the civil law; 4° seek accurately and at the proper time the income and produce of the goods, guard them securely and expend them in accordance with the wishes of the founder or lawful norms; 5° at the proper time pay the interest which is due by reason of a loan or pledge, and take care that in due time the capital is repaid; 6° with the consent of the Ordinary make use of money which is surplus after payment of expenses and which can be profitably invested for the purposes of the juridical person; 7° keep accurate records of income and expenditure; 8° draw up an account of their administration at the end of each year; 9° keep in order and preserve in a convenient and suitable archive the documents and records establishing the rights of the Church or institute to its goods; where conveniently possible, authentic copies must be placed in the curial archives. §3 It is earnestly recommended that administrators draw up each year a budget of income and expenditure. However, it is left to particular law to make this an obligation and to determine more precisely how it is to be presented. + '''Canon 1285''' + Solely within the limits of ordinary administration, administrators are allowed to make gifts for pious purposes or christian charity out of the movable goods which do not form part of the stable patrimony. + '''Canon 1286''' + Administrators of temporal goods: 1° in making contracts of employment, are accurately to observe also, according to the principles taught by the Church, the civil laws relating to labour and social life; 2° are to pay to those who work for them under contract a just and honest wage which will be sufficient to provide for their needs and those of their dependents. + '''Canon 1287''' + §1 Where ecclesiastical goods of any kind are not lawfully withdrawn from the power of governance of the diocesan Bishop, their administrators, both clerical and lay, are bound to submit each year to the local Ordinary an account of their administration, which he is to pass on to his finance committee for examination. Any contrary custom is reprobated. §2 Administrators are to render accounts to the faithful concerning the goods they have given to the Church, in accordance with the norms to be laid down by particular law. + '''Canon 1288''' + Administrators are not to begin legal proceedings in the name of a public juridical person, nor are they to contest them in a secular court, without first obtaining the written permission of their proper Ordinary. + '''Canon 1289''' + Although they may not be bound to the work of administration by virtue of an ecclesiastical office, administrators may not arbitrarily relinquish the work they have undertaken. If they do so, and this occasions damage to the Church, they are bound to restitution.
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- '''Canon 1290''' Without prejudice to Can. 1547[5 ], whatever the local civil law decrees about contracts, both generally and specifically, and about the voiding of contracts, is to be observed regarding goods which are subject to the power of governance of the Church, and with the same effect, provided that the civil law is not contrary to divine law, and that canon law does not provide otherwise. - '''Canon 1291''' The permission of the authority competent by law is required for the valid alienation of goods which, by lawful assignment, constitute the stable patrimony of a public juridical person, whenever their value exceeds the sum determined by law. - '''Canon 1292''' §1 Without prejudice to the provision of Can. 638 §3, when the amount of the goods to be alienated is between the minimum and maximum sums to be established by the Episcopal Conference for its region, the competent authority in the case of juridical persons not subject to the diocesan Bishop is determined by the juridical person's own statutes. In other cases, the competent authority is the diocesan Bishop acting with the consent of the finance committee, of the college of consultors, and of any interested parties. The diocesan Bishop needs the consent of these same persons to alienate goods which belong to the diocese itself. §2 The permission of the Holy See also is required for the valid alienation of goods whose value exceeds the maximum sum, or if it is a question of the alienation of something given to the Church by reason of a vow, or of objects which are precious by reason of their artistic or historical significance. §3 When a request is made to alienate goods which are divisible, the request must state what parts have already been alienated; otherwise, the permission is invalid. §4 Those who must give advice about or consent to the alienation of goods are not to give this advice or consent until they have first been informed precisely both about the economic situation of the juridical person whose goods it is proposed to alienate and about alienations which have already taken place. - '''Canon 1293''' §1 To alienate goods whose value exceeds the determined minimum sum, it is also required that there be: 1° a just reason, such as urgent necessity, evident advantage, or a religious, charitable or other grave pastoral reason; 2° a written expert valuation of the goods to be alienated. §2 To avoid harm to the Church, any other precautions drawn up by lawful authority are also to be followed. - '''Canon 1294''' §1 Normally goods must not be alienated for a price lower than that given in the valuation. §2 The money obtained from alienation must be carefully invested for the benefit of the Church, or prudently expended according to the purposes of the alienation. - '''Canon 1295''' The provisions of canons 1291 - 1294, to which the statutes of juridical persons are to conform, must be observed not only in alienation, but also in any dealings in which the patrimonial condition of the juridical person may be jeopardised. - '''Canon 1296''' When alienation has taken place without-the prescribed canonical formalities, but is valid in civil law, the competent authority must carefully weigh all the circumstances and decide whether, and if so what, action is to be taken, namely personal or real, by whom and against whom, to vindicate the rights of the Church. - '''Canon 1297''' It is the duty of the Episcopal Conference, taking into account the local circumstances, to determine norms about the leasing of ecclesiastical goods, especially about permission to be obtained from the competent ecclesiastical authority. - '''Canon 1298''' Unless they are of little value, ecclesiastical goods are not to be sold or leased to the administrators themselves or to their relatives up to the fourth degree of consanguinity or affinity, without the special written permission of the competent authority.	+ '''Canon 1290''' + Without prejudice to Can. 1547[5 ], whatever the local civil law decrees about contracts, both generally and specifically, and about the voiding of contracts, is to be observed regarding goods which are subject to the power of governance of the Church, and with the same effect, provided that the civil law is not contrary to divine law, and that canon law does not provide otherwise. + '''Canon 1291''' + The permission of the authority competent by law is required for the valid alienation of goods which, by lawful assignment, constitute the stable patrimony of a public juridical person, whenever their value exceeds the sum determined by law. + '''Canon 1292''' + §1 Without prejudice to the provision of Can. 638 §3, when the amount of the goods to be alienated is between the minimum and maximum sums to be established by the Episcopal Conference for its region, the competent authority in the case of juridical persons not subject to the diocesan Bishop is determined by the juridical person's own statutes. In other cases, the competent authority is the diocesan Bishop acting with the consent of the finance committee, of the college of consultors, and of any interested parties. The diocesan Bishop needs the consent of these same persons to alienate goods which belong to the diocese itself. §2 The permission of the Holy See also is required for the valid alienation of goods whose value exceeds the maximum sum, or if it is a question of the alienation of something given to the Church by reason of a vow, or of objects which are precious by reason of their artistic or historical significance. §3 When a request is made to alienate goods which are divisible, the request must state what parts have already been alienated; otherwise, the permission is invalid. §4 Those who must give advice about or consent to the alienation of goods are not to give this advice or consent until they have first been informed precisely both about the economic situation of the juridical person whose goods it is proposed to alienate and about alienations which have already taken place. + '''Canon 1293''' + §1 To alienate goods whose value exceeds the determined minimum sum, it is also required that there be: 1° a just reason, such as urgent necessity, evident advantage, or a religious, charitable or other grave pastoral reason; 2° a written expert valuation of the goods to be alienated. §2 To avoid harm to the Church, any other precautions drawn up by lawful authority are also to be followed. + '''Canon 1294''' + §1 Normally goods must not be alienated for a price lower than that given in the valuation. §2 The money obtained from alienation must be carefully invested for the benefit of the Church, or prudently expended according to the purposes of the alienation. + '''Canon 1295''' + The provisions of canons 1291 - 1294, to which the statutes of juridical persons are to conform, must be observed not only in alienation, but also in any dealings in which the patrimonial condition of the juridical person may be jeopardised. + '''Canon 1296''' + When alienation has taken place without-the prescribed canonical formalities, but is valid in civil law, the competent authority must carefully weigh all the circumstances and decide whether, and if so what, action is to be taken, namely personal or real, by whom and against whom, to vindicate the rights of the Church. + '''Canon 1297''' + It is the duty of the Episcopal Conference, taking into account the local circumstances, to determine norms about the leasing of ecclesiastical goods, especially about permission to be obtained from the competent ecclesiastical authority. + '''Canon 1298''' + Unless they are of little value, ecclesiastical goods are not to be sold or leased to the administrators themselves or to their relatives up to the fourth degree of consanguinity or affinity, without the special written permission of the competent authority.
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- '''Canon 1299''' §1 Those who by the natural law and by canon law can freely dispose of their goods may leave them to pious causes either by an act inter vivos or by an act mortis causa. §2 In arrangements mortis causa in favour of the Church, the formalities of the civil law are as far as possible to be observed. If these formalities have been omitted, the heirs must be advised of their obligation to fulfil the intention of the testator. - '''Canon 1300''' The intentions of the faithful who give or leave goods to pious causes, whether by an act inter vivos or by an act mortis causa, once lawfully accepted, are to be most carefully observed, even in the manner of the administration and the expending of the goods, without prejudice to the provisions of Canon 1301 §3. - '''Canon 1301''' §1 The Ordinary is the executor of all pious dispositions whether made mortis causa or inter vivos. §2 By this right the Ordinary can and must ensure, even by making a visitation, that pious dispositions are fulfilled. Other executors are to render him an account when they have finished their task. §3 Any clause contrary to this right of the Ordinary which is added to a last will, is to be regarded as non-existent. - '''Canon 1302''' §1 Anyone who receives goods in trust for pious causes, whether by an act inter vivos or by last will, must inform the Ordinary about the trust, as well as about the goods in question, both movable and immovable, and about any obligations attached to them. If the donor has expressly and totally forbidden this, the trust is not to be accepted. §2 The Ordinary must demand that goods left in trust be safely preserved and, in accordance with Canon 1301, he must ensure that the pious disposition is executed. §3 When goods given in trust to a member of a religious institute or society of apostolic life, are destined for a particular place or diocese or their inhabitants, or for pious causes, the Ordinary mentioned in §§1 and 2 is the local Ordinary. Otherwise, when the person is a member of a pontifical clerical institute or of a pontifical clerical society of apostolic life, it is the major Superior; when of other religious institutes, it is the member's proper Ordinary. - '''Canon 1303''' §1 In law the term pious foundation comprises: 1° autonomous pious foundations, that is, aggregates of things destined for the purposes described in Canon 114 §2, and established as juridical persons by the competent ecclesiastical authority. 2° non-autonomous pious foundations, that is, temporal goods given in any way to a public juridical person and carrying with them a long-term obligation, such period to be determined by particular law. The obligation is for the juridical person, from the annual income, to celebrate Masses, or to perform other determined ecclesiastical functions, or in some other way to fulfil the purposes mentioned in Canon 114 §2. §2 If the goods of a non-autonomous pious foundation are entrusted to a juridical person subject to the diocesan Bishop, they are, on the expiry of the time, to be sent to the fund mentioned in Canon 1274 §1, unless some other intention was expressly manifested by the donor. Otherwise, the goods fall to the juridical person itself. - '''Canon 1304''' §1 For the valid acceptance of a pious foundation by a juridical person, the written permission of the Ordinary is required. He is not to give this permission until he has lawfully established that the juridical person can satisfy not only the new obligations to be undertaken, but also any already undertaken. The Ordinary is to take special care that the revenue fully corresponds to the obligations laid down, taking into account the customs of the region or place. §2 Other conditions for the establishment or acceptance of a pious foundation are to be determined by particular law. - '''Canon 1305''' Money and movable goods which are assigned as a dowry are immediately to be put in a safe place approved by the Ordinary, so that the money or the value of the movable goods is safeguarded; as soon as possible, they are to be carefully and profitably invested for the good of the foundation, with an express and individual mention of the obligation undertaken, in accordance with the prudent judgment of the Ordinary when he has consulted those concerned and his own finance committee. - '''Canon 1306''' §1 All foundations, even if made orally, are to be recorded in writing. §2 One copy of the document is to be carefully preserved in the curial archive and another copy in the archive of the juridical person to which the foundation pertains. - '''Canon 1307''' §1 When the provisions of canons 1300, 1302 and 1287 have been observed, a document showing the obligations arising from the pious foundations is to be drawn up. This is to be displayed in a conspicuous place, so that the obligations to be fulfilled are not forgotten. §2 Apart from the book mentioned in Can. 958 §1, another book is to be kept by the parish priest or rector, in which each of the obligations, their fulfillment and the offering given, is to be recorded. - '''Canon 1308''' §1 The reduction of Mass obligations, for a just and necessary reason, is reserved to the Apostolic See, without prejudice to the provisions which follow. §2 If this is expressly provided for in the document of foundation, the Ordinary may reduce Mass obligations on the ground of reduced income. §3 In the cases of Masses given in legacies or in foundations of any kind, which are solely for the purpose of Masses, the diocesan Bishop has the power, because of the diminution of income and for as long as this persists, to reduce the obligations to the level of the offering lawfully current in the diocese. He may do this, however, only if there is no one who has an obligation to increase the offering and can actually be made to do so. §4 The diocesan Bishop has the power to reduce the obligations or legacies of Masses which bind an ecclesiastical institute, if the revenue has become insufficient to achieve in a fitting manner the proper purpose of the institute. §5 The supreme Moderator of a clerical religious institute of pontifical right has the powers given in §§3 and 4. - '''Canon 1309''' Where a fitting reason exists, the authorities mentioned in Canon 1308 have the power to transfer Mass obligations to days, churches or altars other than those determined in the foundation. - '''Canon 1310''' §1 The intentions of the faithful in pious cases may be reduced, directed or changed by the Ordinary, if the donor has expressly conceded this power to him, but only for a just and necessary reason. §2 If it has become impossible to carry out the obligations because of reduced income, or for any other reason arising without fault on the part of the administrators, the Ordinary can diminish these obligations in an equitable manner, with the exception of the reduction of Masses, which is governed by the provisions of Canon 1308. He may do so only after consulting those concerned and his own finance committee, keeping in the best way possible to the intention of the donor. §3 In all other cases, the Apostolic See is to be approached.	+ '''Canon 1299''' + §1 Those who by the natural law and by canon law can freely dispose of their goods may leave them to pious causes either by an act inter vivos or by an act mortis causa. §2 In arrangements mortis causa in favour of the Church, the formalities of the civil law are as far as possible to be observed. If these formalities have been omitted, the heirs must be advised of their obligation to fulfil the intention of the testator. + '''Canon 1300''' + The intentions of the faithful who give or leave goods to pious causes, whether by an act inter vivos or by an act mortis causa, once lawfully accepted, are to be most carefully observed, even in the manner of the administration and the expending of the goods, without prejudice to the provisions of Canon 1301 §3. + '''Canon 1301 Executor''' + §1 The Ordinary is the executor of all pious dispositions whether made mortis causa or inter vivos. §2 Other executors are to render him an account when they have finished their task. §3 Any clause contrary non-existent. T: this is not realistic or enforceable + '''Canon 1302''' + §1 Anyone who receives goods in trust for pious causes, whether by an act inter vivos or by last will, must inform the Ordinary about the trust, as well as about the goods in question, both movable and immovable, and about any obligations attached to them. If the donor has expressly and totally forbidden this, the trust is not to be accepted. §2 The Ordinary must demand that goods left in trust be safely preserved and, in accordance with Canon 1301, he must ensure that the pious disposition is executed. §3 When goods given in trust to a member of a religious institute or society of apostolic life, are destined for a particular place or diocese or their inhabitants, or for pious causes, the Ordinary mentioned in §§1 and 2 is the local Ordinary. Otherwise, when the person is a member of a pontifical clerical institute or of a pontifical clerical society of apostolic life, it is the major Superior; when of other religious institutes, it is the member's proper Ordinary. + '''Canon 1303''' + §1 In law the term pious foundation comprises: 1° autonomous pious foundations, that is, aggregates of things destined for the purposes described in Canon 114 §2, and established as juridical persons by the competent ecclesiastical authority. 2° non-autonomous pious foundations, that is, temporal goods given in any way to a public juridical person and carrying with them a long-term obligation, such period to be determined by particular law. The obligation is for the juridical person, from the annual income, to celebrate Masses, or to perform other determined ecclesiastical functions, or in some other way to fulfil the purposes mentioned in Canon 114 §2. §2 If the goods of a non-autonomous pious foundation are entrusted to a juridical person subject to the diocesan Bishop, they are, on the expiry of the time, to be sent to the fund mentioned in Canon 1274 §1, unless some other intention was expressly manifested by the donor. Otherwise, the goods fall to the juridical person itself. + '''Canon 1304''' + §1 For the valid acceptance of a pious foundation by a juridical person, the written permission of the Ordinary is required. He is not to give this permission until he has lawfully established that the juridical person can satisfy not only the new obligations to be undertaken, but also any already undertaken. The Ordinary is to take special care that the revenue fully corresponds to the obligations laid down, taking into account the customs of the region or place. §2 Other conditions for the establishment or acceptance of a pious foundation are to be determined by particular law. + '''Canon 1305''' + Money and movable goods which are assigned as a dowry are immediately to be put in a safe place approved by the Ordinary, so that the money or the value of the movable goods is safeguarded; as soon as possible, they are to be carefully and profitably invested for the good of the foundation, with an express and individual mention of the obligation undertaken, in accordance with the prudent judgment of the Ordinary when he has consulted those concerned and his own finance committee. + '''Canon 1306''' + §1 All foundations, even if made orally, are to be recorded in writing. §2 One copy of the document is to be carefully preserved in the curial archive and another copy in the archive of the juridical person to which the foundation pertains. + '''Canon 1307''' + §1 When the provisions of canons 1300, 1302 and 1287 have been observed, a document showing the obligations arising from the pious foundations is to be drawn up. This is to be displayed in a conspicuous place, so that the obligations to be fulfilled are not forgotten. §2 Apart from the book mentioned in Can. 958 §1, another book is to be kept by the parish priest or rector, in which each of the obligations, their fulfillment and the offering given, is to be recorded. + '''Canon 1308''' + §1 The reduction of Mass obligations, for a just and necessary reason, is reserved to the Apostolic See, without prejudice to the provisions which follow. §2 If this is expressly provided for in the document of foundation, the Ordinary may reduce Mass obligations on the ground of reduced income. §3 In the cases of Masses given in legacies or in foundations of any kind, which are solely for the purpose of Masses, the diocesan Bishop has the power, because of the diminution of income and for as long as this persists, to reduce the obligations to the level of the offering lawfully current in the diocese. He may do this, however, only if there is no one who has an obligation to increase the offering and can actually be made to do so. §4 The diocesan Bishop has the power to reduce the obligations or legacies of Masses which bind an ecclesiastical institute, if the revenue has become insufficient to achieve in a fitting manner the proper purpose of the institute. §5 The supreme Moderator of a clerical religious institute of pontifical right has the powers given in §§3 and 4. + '''Canon 1309''' + Where a fitting reason exists, the authorities mentioned in Canon 1308 have the power to transfer Mass obligations to days, churches or altars other than those determined in the foundation. + '''Canon 1310''' + §1 The intentions of the faithful in pious cases may be reduced, directed or changed by the Ordinary, if the donor has expressly conceded this power to him, but only for a just and necessary reason. §2 If it has become impossible to carry out the obligations because of reduced income, or for any other reason arising without fault on the part of the administrators, the Ordinary can diminish these obligations in an equitable manner, with the exception of the reduction of Masses, which is governed by the provisions of Canon 1308. He may do so only after consulting those concerned and his own finance committee, keeping in the best way possible to the intention of the donor. §3 In all other cases, the Apostolic See is to be approached.

Book 5

justus — 2008-05-12 20:28:20

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- =Book Five= - ==Title One: The Acquisition of Goods ==	+ =Title One: The Acquisition of Goods =
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- ==Title Two The Administration of Goods ==	+ =Title Two The Administration of Goods =
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- ==Title Three: Contracts and Especially Alienation ==	+ =Title Three: Contracts and Especially Alienation =
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- ==Title Four: Pious Dispositions in General and Pious Foundations==	+ =Title Four: Pious Dispositions in General and Pious Foundations=

Book 5

amycsj — 2008-04-16 19:42:12

Differences for Book 5

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	+ [[TableOfContents(right)]]
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	+ '''Canon 1259''' The Church may acquire temporal goods in any way in which, by either natural or positive law, it is lawful for others to do this. + '''Canon 1260''' The Church has the inherent right to require from the faithful whatever is necessary for its proper objectives. + '''Canon 1261''' §1 The faithful have the right to donate temporal goods for the benefit of the Church. §2 The diocesan Bishop is bound to remind the faithful of the obligation mentioned in Can. 222 §1, and in an appropriate manner to urge it. + '''Canon 1262''' The faithful are to give their support to the Church in response to appeals and in accordance with the norms laid down by the Episcopal Conference. + '''Canon 1263''' The diocesan Bishop, after consulting the finance committee and the council of priests, has the right to levy on public juridical persons subject to his authority a tax for the needs of the diocese. This tax must be moderate and proportionate to their income. He may impose an extraordinary and moderate tax on other physical and juridical persons only in a grave necessity and under the same conditions, but without prejudice to particular laws and customs which may give him greater rights. + '''Canon 1264''' Unless the law prescribes otherwise, it is for the provincial Bishops’ meeting to: 1° determine the taxes, to be approved by the Apostolic See, for acts of executive authority which grant a favour, or for the execution of rescripts from the Apostolic See; 2° determine the offerings on the occasion of the administration of the sacraments and sacramentals. + '''Canon 1265''' §1 Without prejudice to the right of mendicant religious, all private juridical or physical persons are forbidden to make a collection for any pious or ecclesiastical institute or purpose without the written permission of their proper Ordinary and of the local Ordinary. §2 The Episcopal Conference can draw up rules regarding collections, which must be observed by all, including those who from their foundation are called and are ‘mendicants’. + '''Canon 1266''' §1 In all churches and oratories regularly open to Christ’s faithful, including those belonging to religious institutes, the local Ordinary may order that a special collection be taken up for specified parochial, diocesan, national or universal initiatives. The collection must afterwards be carefully forwarded to the diocesan curia. + '''Canon 1267''' §1 Unless the contrary is clear, offerings made to Superiors or administrators of any ecclesiastical juridical person, even a private one, are presumed to have been made to the juridical person itself. §2 If there is question of a public juridical person, the offerings mentioned in §1 cannot be refused except for a just reason and, in matters of greater importance, with the permission of the Ordinary. Without prejudice to the provisions of Canon 1295, the permission of the Ordinary is also required for the acceptance of offerings to which are attached some qualifying obligation or condition. §3 Offerings given by the faithful for a specified purpose may be used only for that purpose. + '''Canon 1268''' The Church recognises prescription, in accordance with Cann. 197 199, as a means both of acquiring temporal goods and of being freed from their obligations. + '''Canon 1269''' Sacred objects of private individuals may be prescribed, but not for secular purposes unless they have lost their dedication or blessing. Those belonging to a public ecclesiastical juridical person may be acquired only by another public ecclesiastical juridical person. + '''Canon 1270''' Immovable goods, precious movable goods, rights and legal claims, of the Apostolic See are prescribed in 100 years. Goods which belong to another public ecclesiastical juridical person are prescribed in 30 years. + '''Canon 1271''' By unity and charity, and according to their resources, Bishops are to support the Apostolic See in its service of the universal Church. + '''Canon 1272''' In those regions where benefices properly so called still exist, it is for the Episcopal Conference to regulate such benefices by appropriate norms, agreed with and approved by the Apostolic See. The purpose of these norms is that the income and as far as possible the capital itself of the benefice should by degrees be transferred to the fund mentioned in Canon 1274 §1. + +
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	+ '''Canon 1273''' The Roman Pontiff, by virtue of his primacy of governance, is the supreme administrator and steward of all ecclesiastical goods. + '''Canon 1274''' §1 In every diocese there is to be a special fund for the support of the clergy who serve the diocese, unless they are otherwise cared for. §2 Where there is no social provision for the clergy, the Episcopal Conference is to see to it. §3 Diocese is to have a reserve for the support of persons who serve the Church and the needs of the diocese, and to help poorer dioceses. §4 Diocese or Episcopal conferences can cooperate on these funds. §5 If possible, these funds are to be established in such a manner that they will have standing also in the civil law. + '''Canon 1275''' A reserve set up by a number of different dioceses is to be administered according to norms opportunely agreed upon by the Bishops concerned. + '''Canon 1276''' §1 Ordinaries must carefully supervise the administration of all the goods which belong to public juridical persons subject to them, without prejudice to lawful titles which may give the Ordinary greater rights. §2 Taking into account rights, lawful customs and the circumstances, Ordinaries are to regulate the whole matter of the administration of ecclesiastical goods by issuing special instructions, within the limits of universal and particular law. + '''Canon 1277''' In carrying out acts of administration which, in the light of the financial situation of the diocese, are of major importance, the diocesan Bishop must consult the finance committee and the college of consultors. For acts of extraordinary administration, except in cases expressly provided for in the universal law or stated in the documents of foundation, the diocesan Bishop needs the consent of the committee and of the college of consultors. It is for the Episcopal Conference to determine what are to be regarded as acts of extraordinary administration. + '''Canon 1278''' Besides the duties mentioned in Can. 494 §§3 and 4, the diocesan Bishop may also entrust to the financial administrator the duties mentioned in Canon 1276 §1 and Canon 1279 §2. + '''Canon 1279''' §1 The administration of ecclesiastical goods pertains to the one with direct power of governance over the person to whom the goods belong, unless particular law or statutes or legitimate custom state otherwise, and without prejudice to the right of the Ordinary to intervene where there is negligence on the part of the administrator. §2 Where no administrators are appointed for a public juridical person by law or by the documents of foundation or by its own statutes, the Ordinary to which it is subject is to appoint suitable persons as administrators for a three-year term. The same persons can be re-appointed by the Ordinary. + '''Canon 1280''' Every juridical person is to have its own finance committee, or at least two counsellors, who are to assist in the performance of the administrator's duties, in accordance with the statutes. + '''Canon 1281''' §1 Without prejudice to the provisions of the statutes administrators act invalidly when they go beyond the limits and manner of ordinary administration, unless they have first received in writing from the Ordinary the faculty to do so. §2 The statutes are to determine what acts go beyond the limits and manner of ordinary administration. If the statutes are silent on this point, it is for the diocesan Bishop, after consulting the finance committee, to determine these acts for the persons subject to him. §3 Except and insofar as it is to its benefit, a juridical person is not held responsible for the invalid actions of its administrators. The juridical person is, however, responsible when such actions are valid but unlawful, without prejudice to its right to bring an action or have recourse against the administrators who have caused it damage. + '''Canon 1282''' All persons, whether clerics or laity, who lawfully take part in the administration of ecclesiastical goods, are bound to fulfil their duties in the name of the Church, in accordance with the law. + '''Canon 1283''' Before administrators undertake their duties: 1° they must take an oath, in the presence of the Ordinary or his delegate, that they will well and truly perform their office; 2° they are to draw up a clear and accurate inventory, to be signed by themselves, of all immovable goods, of those movable goods which are precious or of a high cultural value, and of all other goods, with a description and an estimate of their value; when this has been compiled, it is to be certified as correct; 3° one copy of this inventory is to be kept in the administration office and another in the curial archive; any change which takes place in the property is to be noted on both copies. + '''Canon 1284''' §1 All administrators are to perform their duties with the diligence of a good householder. §2 Therefore they must: 1° be vigilant that no goods placed in their care in any way perish or suffer damage; to this end they are, to the extent necessary, to arrange insurance contracts; 2° ensure that the ownership of ecclesiastical goods is safeguarded in ways which are valid in civil law; 3° observe the provisions of canon and civil law, and the stipulations of the founder or donor or lawful authority; they are to take special care that damage will not be suffered by the Church through the non-observance of the civil law; 4° seek accurately and at the proper time the income and produce of the goods, guard them securely and expend them in accordance with the wishes of the founder or lawful norms; 5° at the proper time pay the interest which is due by reason of a loan or pledge, and take care that in due time the capital is repaid; 6° with the consent of the Ordinary make use of money which is surplus after payment of expenses and which can be profitably invested for the purposes of the juridical person; 7° keep accurate records of income and expenditure; 8° draw up an account of their administration at the end of each year; 9° keep in order and preserve in a convenient and suitable archive the documents and records establishing the rights of the Church or institute to its goods; where conveniently possible, authentic copies must be placed in the curial archives. §3 It is earnestly recommended that administrators draw up each year a budget of income and expenditure. However, it is left to particular law to make this an obligation and to determine more precisely how it is to be presented. + '''Canon 1285''' Solely within the limits of ordinary administration, administrators are allowed to make gifts for pious purposes or christian charity out of the movable goods which do not form part of the stable patrimony. + '''Canon 1286''' Administrators of temporal goods: 1° in making contracts of employment, are accurately to observe also, according to the principles taught by the Church, the civil laws relating to labour and social life; 2° are to pay to those who work for them under contract a just and honest wage which will be sufficient to provide for their needs and those of their dependents. + '''Canon 1287''' §1 Where ecclesiastical goods of any kind are not lawfully withdrawn from the power of governance of the diocesan Bishop, their administrators, both clerical and lay, are bound to submit each year to the local Ordinary an account of their administration, which he is to pass on to his finance committee for examination. Any contrary custom is reprobated. §2 Administrators are to render accounts to the faithful concerning the goods they have given to the Church, in accordance with the norms to be laid down by particular law. + '''Canon 1288''' Administrators are not to begin legal proceedings in the name of a public juridical person, nor are they to contest them in a secular court, without first obtaining the written permission of their proper Ordinary. + '''Canon 1289''' Although they may not be bound to the work of administration by virtue of an ecclesiastical office, administrators may not arbitrarily relinquish the work they have undertaken. If they do so, and this occasions damage to the Church, they are bound to restitution. +
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	+ '''Canon 1290''' Without prejudice to Can. 1547[5 ], whatever the local civil law decrees about contracts, both generally and specifically, and about the voiding of contracts, is to be observed regarding goods which are subject to the power of governance of the Church, and with the same effect, provided that the civil law is not contrary to divine law, and that canon law does not provide otherwise. + '''Canon 1291''' The permission of the authority competent by law is required for the valid alienation of goods which, by lawful assignment, constitute the stable patrimony of a public juridical person, whenever their value exceeds the sum determined by law. + '''Canon 1292''' §1 Without prejudice to the provision of Can. 638 §3, when the amount of the goods to be alienated is between the minimum and maximum sums to be established by the Episcopal Conference for its region, the competent authority in the case of juridical persons not subject to the diocesan Bishop is determined by the juridical person's own statutes. In other cases, the competent authority is the diocesan Bishop acting with the consent of the finance committee, of the college of consultors, and of any interested parties. The diocesan Bishop needs the consent of these same persons to alienate goods which belong to the diocese itself. §2 The permission of the Holy See also is required for the valid alienation of goods whose value exceeds the maximum sum, or if it is a question of the alienation of something given to the Church by reason of a vow, or of objects which are precious by reason of their artistic or historical significance. §3 When a request is made to alienate goods which are divisible, the request must state what parts have already been alienated; otherwise, the permission is invalid. §4 Those who must give advice about or consent to the alienation of goods are not to give this advice or consent until they have first been informed precisely both about the economic situation of the juridical person whose goods it is proposed to alienate and about alienations which have already taken place. + '''Canon 1293''' §1 To alienate goods whose value exceeds the determined minimum sum, it is also required that there be: 1° a just reason, such as urgent necessity, evident advantage, or a religious, charitable or other grave pastoral reason; 2° a written expert valuation of the goods to be alienated. §2 To avoid harm to the Church, any other precautions drawn up by lawful authority are also to be followed. + '''Canon 1294''' §1 Normally goods must not be alienated for a price lower than that given in the valuation. §2 The money obtained from alienation must be carefully invested for the benefit of the Church, or prudently expended according to the purposes of the alienation. + '''Canon 1295''' The provisions of canons 1291 - 1294, to which the statutes of juridical persons are to conform, must be observed not only in alienation, but also in any dealings in which the patrimonial condition of the juridical person may be jeopardised. + '''Canon 1296''' When alienation has taken place without-the prescribed canonical formalities, but is valid in civil law, the competent authority must carefully weigh all the circumstances and decide whether, and if so what, action is to be taken, namely personal or real, by whom and against whom, to vindicate the rights of the Church. + '''Canon 1297''' It is the duty of the Episcopal Conference, taking into account the local circumstances, to determine norms about the leasing of ecclesiastical goods, especially about permission to be obtained from the competent ecclesiastical authority. + '''Canon 1298''' Unless they are of little value, ecclesiastical goods are not to be sold or leased to the administrators themselves or to their relatives up to the fourth degree of consanguinity or affinity, without the special written permission of the competent authority. +
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	+ '''Canon 1299''' §1 Those who by the natural law and by canon law can freely dispose of their goods may leave them to pious causes either by an act inter vivos or by an act mortis causa. §2 In arrangements mortis causa in favour of the Church, the formalities of the civil law are as far as possible to be observed. If these formalities have been omitted, the heirs must be advised of their obligation to fulfil the intention of the testator. + '''Canon 1300''' The intentions of the faithful who give or leave goods to pious causes, whether by an act inter vivos or by an act mortis causa, once lawfully accepted, are to be most carefully observed, even in the manner of the administration and the expending of the goods, without prejudice to the provisions of Canon 1301 §3. + '''Canon 1301''' §1 The Ordinary is the executor of all pious dispositions whether made mortis causa or inter vivos. §2 By this right the Ordinary can and must ensure, even by making a visitation, that pious dispositions are fulfilled. Other executors are to render him an account when they have finished their task. §3 Any clause contrary to this right of the Ordinary which is added to a last will, is to be regarded as non-existent. + '''Canon 1302''' §1 Anyone who receives goods in trust for pious causes, whether by an act inter vivos or by last will, must inform the Ordinary about the trust, as well as about the goods in question, both movable and immovable, and about any obligations attached to them. If the donor has expressly and totally forbidden this, the trust is not to be accepted. §2 The Ordinary must demand that goods left in trust be safely preserved and, in accordance with Canon 1301, he must ensure that the pious disposition is executed. §3 When goods given in trust to a member of a religious institute or society of apostolic life, are destined for a particular place or diocese or their inhabitants, or for pious causes, the Ordinary mentioned in §§1 and 2 is the local Ordinary. Otherwise, when the person is a member of a pontifical clerical institute or of a pontifical clerical society of apostolic life, it is the major Superior; when of other religious institutes, it is the member's proper Ordinary. + '''Canon 1303''' §1 In law the term pious foundation comprises: 1° autonomous pious foundations, that is, aggregates of things destined for the purposes described in Canon 114 §2, and established as juridical persons by the competent ecclesiastical authority. 2° non-autonomous pious foundations, that is, temporal goods given in any way to a public juridical person and carrying with them a long-term obligation, such period to be determined by particular law. The obligation is for the juridical person, from the annual income, to celebrate Masses, or to perform other determined ecclesiastical functions, or in some other way to fulfil the purposes mentioned in Canon 114 §2. §2 If the goods of a non-autonomous pious foundation are entrusted to a juridical person subject to the diocesan Bishop, they are, on the expiry of the time, to be sent to the fund mentioned in Canon 1274 §1, unless some other intention was expressly manifested by the donor. Otherwise, the goods fall to the juridical person itself. + '''Canon 1304''' §1 For the valid acceptance of a pious foundation by a juridical person, the written permission of the Ordinary is required. He is not to give this permission until he has lawfully established that the juridical person can satisfy not only the new obligations to be undertaken, but also any already undertaken. The Ordinary is to take special care that the revenue fully corresponds to the obligations laid down, taking into account the customs of the region or place. §2 Other conditions for the establishment or acceptance of a pious foundation are to be determined by particular law. + '''Canon 1305''' Money and movable goods which are assigned as a dowry are immediately to be put in a safe place approved by the Ordinary, so that the money or the value of the movable goods is safeguarded; as soon as possible, they are to be carefully and profitably invested for the good of the foundation, with an express and individual mention of the obligation undertaken, in accordance with the prudent judgment of the Ordinary when he has consulted those concerned and his own finance committee. + '''Canon 1306''' §1 All foundations, even if made orally, are to be recorded in writing. §2 One copy of the document is to be carefully preserved in the curial archive and another copy in the archive of the juridical person to which the foundation pertains. + '''Canon 1307''' §1 When the provisions of canons 1300, 1302 and 1287 have been observed, a document showing the obligations arising from the pious foundations is to be drawn up. This is to be displayed in a conspicuous place, so that the obligations to be fulfilled are not forgotten. §2 Apart from the book mentioned in Can. 958 §1, another book is to be kept by the parish priest or rector, in which each of the obligations, their fulfillment and the offering given, is to be recorded. + '''Canon 1308''' §1 The reduction of Mass obligations, for a just and necessary reason, is reserved to the Apostolic See, without prejudice to the provisions which follow. §2 If this is expressly provided for in the document of foundation, the Ordinary may reduce Mass obligations on the ground of reduced income. §3 In the cases of Masses given in legacies or in foundations of any kind, which are solely for the purpose of Masses, the diocesan Bishop has the power, because of the diminution of income and for as long as this persists, to reduce the obligations to the level of the offering lawfully current in the diocese. He may do this, however, only if there is no one who has an obligation to increase the offering and can actually be made to do so. §4 The diocesan Bishop has the power to reduce the obligations or legacies of Masses which bind an ecclesiastical institute, if the revenue has become insufficient to achieve in a fitting manner the proper purpose of the institute. §5 The supreme Moderator of a clerical religious institute of pontifical right has the powers given in §§3 and 4. + '''Canon 1309''' Where a fitting reason exists, the authorities mentioned in Canon 1308 have the power to transfer Mass obligations to days, churches or altars other than those determined in the foundation. + '''Canon 1310''' §1 The intentions of the faithful in pious cases may be reduced, directed or changed by the Ordinary, if the donor has expressly conceded this power to him, but only for a just and necessary reason. §2 If it has become impossible to carry out the obligations because of reduced income, or for any other reason arising without fault on the part of the administrators, the Ordinary can diminish these obligations in an equitable manner, with the exception of the reduction of Masses, which is governed by the provisions of Canon 1308. He may do so only after consulting those concerned and his own finance committee, keeping in the best way possible to the intention of the donor. §3 In all other cases, the Apostolic See is to be approached.

Book 5

amycsj — 2008-04-16 19:08:21

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Deletions are marked with - .	Additions are marked with +.
Line 1:	Line 1:
- =Temporal Goods Book Four= - Introduction - Legal position of church, chapel, etc. is at the end of book 4. - Die and leave castle to the church to build a church on the land 1970s. No need for church. Remainder to remote relatives. - Churches of religious orders can be and are being sold in Belgium, but the state owns parish churches. Jesuits sell a building which is later used for 'inappropriate' uses. You can't have perpetual conditions - dead hand, rule against perpetuity. - ==Other Acts of Divine Worship== - ===Canon 1166=== - Sacramentals are sacred signs that imitate the sacraments. Eastern code has only one canon: 1867. They are introduced by the church, no divine law. Generally spiritual goods, but blessings of cars, etc. as well. - Called also minor sacraments by Hugh of St. Victors. Sacramentum concilium says sacramentals only make sense to those with a faith perspective. Some people go for these outward signs, e.g. ash Wednesday. The term came in the 12th C. when there were 6-7 types of sacramentals. 1614 was the first official liturgical book after Trent. E.g. 18 ordinary benedictions. But not compulsory. In the beginning of the 20th century there was a distinction between goods and acts. Blessings were constitutive, eg, blessing a chalice or altar changes it to a sacred object; or invocative eg asking the grace of God, but didn't change the nature of the thing. There are requirements for validity, but what if it is invalid. - Vatican Two mandated review of sacramentals: 1) conscious, active and easy participation of the Christian faithful; 2) look at the signs of the times, perhaps new blessings can be introduced; 3) blessings reserved to bishops reduced to a minimum, even lay people can be involved; 4) they are now called holy signs - also closer to 'sacraments'; 5) local ordinary can adapt sacramentals. Review of the code didn't take these last points. - 83 code simplifies the schema, reserves control to Holy See. It does not speak to the non application of rites and formulas. Distinction is made between consecration and dedication of churches. Consecration of virgins not a sacramental. The blessing has no constitutive value. New order of blessings published 1984. They are prayers, and don't expel demons. - Canon 1168 - ordinary minister with proper capacity, lay people can administer some sacramentals. Some things are reserved to bishops, e.g. Canon 1207 says blessings of churches are proper to bishops. Deacons can give only the blessings accorded to him, e.g. Holy Communion during and outside Mass, bless the sick, communion calls. Forbidden to Deacons is blessing of seminary, monastery, graveyard or missionaries. What happens if he does? Lay people have right bless things in daily life, bless kids, cars, etc. - Recipients: baptized catholics, catechumens and unbaptized under circumstances (unless forbidden), divorce and remarried. Can't lead to superstition, must take them seriously. - Canon 1269 - private persons can acquire sacred goods, but can't use them for profane use unless they have lost their blessing. - Canon 1172 - Exorcism - 3000 exorcisms a year in Belgium at an abbey. To weaken the power of the devil or evil spirits. Invoke name of God against the evil spirits. Earlier ages found it much more important. There is a presence of the devil in scripture, and historically it was more important. Public ones occur in the name of the church according to prescribed rites. They may be minor or maior. The minor is part of other rites, e.g. baptism. Maior is covered in this canon. Jesus Mt 10:1 was taking about the devil and but he never practiced the technique in the code. Prayers, laying on of hands, ex-sufflacio (more for adults than children) - blow the devil away. Constantine was probably exorcised at baptism. Old texts don't require clerics, but from the middle of the 3C there was a specific group who were seen as clerics - functio without ordinatio. Gratian has a canon for ordination to exorcist - one of the lower ordinations in Gallican liturgy. But they seldom received permission to do an exorcism. - 1917 code only allowed priests to exorcise - pietas et prudentia, and integritas vitae. It had to be one person - but not to a religious order. Only after determination that victim was actually possessed. Any priest could do preventive exorcism. Ritualae Romanum (1925, 1952). Increased scepticism - make sure it is posession and not pathology. - 1983 Exorcism only with the permission of the bishop. Lower order of exorcism is abolished, but is included in a formal way in priestly ordination. 1970s and 1980s were organizing collective exorcisms under the direction of lay people. Not exorcism in the canonical sense. CDF 1985 issued document against non-canonical exorcism. Priest and lay can't co-use the formula of Leo XIII - but you could pray. 1998 - CDW On exorcisms and other temptations. new ritual for exorcism - changed formula of 1614. Long document with 38 technical norms followed by prayers; language is more admistrative. Devil defined as substantive evil, the enemy of God in the world - No threatening attitude to the devil but a prayer to Christ for deliverance from darkness. Psycharists should be consulted before exorcism. Difficult cases dealt with by the bishop. Criteria: 1) speaking unknown languages; 2) understanding many strange words; 3) reveal remote or hidden things; 4) extraordinary forces; 5) outspoken negative attitude toward God, or holy images. More mania than depression. Prayer, holy water, litany, gospel, hands laid on, profession of faith, conclusion. Exorcist shows the cross and blesses the person with it. Small exorcisms more common - victims of spiritism, occult practices, etc. Praying together, imposing hands and holy water - anyone can do it. Vatican 2 wanted prompt reconsideration of the rituals. Rome just set up a course for exorcists - 1173 - Liturgy of the hours. - 1174 requires recitation of clerics but no sanctions. - 1176-1185 - Funerals - more than just burying, but includes the whole ritual - Exequiae. Canon 1240-1243 Cemeteries - governed also by secular law. Three elements of funeral: 1) reception of body after common prayer in house where they died; 2) funus - songs, or mass and/or absutus - absolutions and commendations; 3) burial. 1614 all elements canonized including the two processions. Constitution on the Litury 1963 said funerals should have a more resurrection atmosphere. This was confirmed in the 1970 Missale Romanum, which also let in more local custom. 1969 ordo exequiarum - lots of space for episcopal conferences for 'innovation'. - 1176.3 Cremation not forbidden. 1000 BCE cremation was the norm; 500 BCE burial became common practice; Romans used cremation for the rich, burial for the poor; With Christianity, cremation became marginal (though it existed at the beginning); Burial of Christ, and grain falling to the earth and then rising up; Later burial was associated with resurrection of the body. 500 AD cremation disappeared. Charlemagne - punished cremation capitally. Renaissance and French Revolution gave rise to attempts at cremation; Italian Free Masons first reintroduced it 1869 - doctors also supported it for public health and civilization; New techniques made it more acceptable legally in late 1800s; 1886 Holy Office prohibited membership in associations in favor of cremation and no anointing and no church funerals if person wanted cremation; 1917 code maintained the prohibitions; 1925 interpretation said church funerals refused to those who asked for cremation, even if not done. The following year they said the revocation had to be proven and ashes couldn't be on church grounds and no prayers or ritual. Seen as part of anti-church polemic. There was never a dogma here. 1963 discipline relaxed and anti religious motives fell away. Some negative attitudes are still prohibited. Not against natural or supernatural truths, doesn't effect the soul, and doesn't prevent the resurrection of the body. But he prohibited religious services at the crematorium. Protestants never condemned it but there is some resistance. Some other documents and finally the 1983 code. All the rituals should take place in the church, before the cremation if possible, if not, omit the committal prayers. No masses and funerals with the urn in the church unless the bishop allows it (CDW). Religious rite is now allowed in crematorium. Urn can be in columbarium (no prayer is provided); spreading the ashes has not christian character. In Belgium 1970 0.3% cremation 1980 5% 1997 30% now close to 60%. 70% catholic ritual. - 1177 Must be celebrated generally in the parish church (domicile or quasi-domicile) of the deceased - it may be in another place after notification of proper pastor. 3) If death outside home parish, then where the death occur, unless particular law provides otherwise. In Charlemagne the funeral could be elsewhere but money had to go to parish priest - be cause he cared for the soul of the person. 1917 code said the body should be brought to parish church - contrary customs forbidden (which show the payment was there). In the 4th century there existed the notion of a right for Christians to choose the place of funeral. If the deceased didn't speak, then the parish priest had the right. Friends or family without mandate couldn't choose. This envisions a fictional parish community where people at the funeral are from the parish and know each other. Parish church or a church in the parish. - Funeral need not be at a Mass - so need not be by a priest, however, communion service is discouraged. Homily on the deceased or on the readings - this changes over time. Can be celebrated any day of the week, except last three day of holy week. Last prayers can be done by anyone - undertakers often do it in Belgium - who sometimes even use liturgical vestments. - 1178 Bishop's funeral at the cathedral unless he chooses otherwise. Diocesan bishop and emeritus. - 1179 Funerals of religious are generally in their proper church or oratory by superior or chaplain. - 1180 1) Burial should be in parish cemetery if available, unless another place is choosen (as above). 2) All must choose their cemetery of burial. - 1181 Follow canon 1264 on offerings; poor are not to be deprived of proper funeral rites. Bishop's conference sets down norms for stipends. - 1182 After burial registry is to be made. A simmilibus, after cremation. - 1183 1) Catechumens receive same funeral rites. 2) Unbaptized children if parents intended to have them baptized. 3) If non catholic minister isn't available a baptized Christian can be allowed catholic funeral rites. Free masons (Person plotting against the church.) were excluded in 1917 code, not here. - 1184 The following don't get catholic funeral rites: 1) notorious apostates, heretics and schismatics; 2) those who chose cremation for anti-chritian motives; 3) manifest sinners where scandal would occur. In doubt, consult the bishop. Some would say would refuse for prostitutes and unmarried living together, suicides. Now scandal is an objective word for the church, not a subjective matter. Now refusing a funeral for suicide would be a source of scandal. - 1185 Exclusion from Church funeral includes exclusion from funeral Mass. - 1186 Filial veneration of Blessed Mary and saints is commended. - 1187 Only saints or blesseds can be venerated by public cult. - 1188 Sacred images can be displayed but in moderate numbers and suitable fashion so not to disturb the christian people. - 1189 Restoration of precious images requires written permission of the Ordinary who should consult experts. - 1190 1) It is 'absolutely wrong' to sell sacred relics. 2) Distinguished relics can't be alienated without permission of the Apostolic See. 3) This also applies to popularly venerated images. - 1191 1) Vow is a deliberate free promise to God concerning something good and possible - virtue of religion requires its fulfillment. 2) Unless prohibited by law, all can make a vow. 3) Grave or unjust fear or deceit invalidates vows. - 1192 1) Public vow is accepted by lawful Superior in the name of the Church - otherwise it is private. 2) Vows are solemn if so recognized by the church - otherwise simple. 3) It is personal if promises action; real if it promises a thing, mixed if both. - 1193 A vow obliges only the one that makes it. - 1194 Vow ceases by laps of time; substantial change in matter promised; cessation of conditon or purpose; dispensation; or by commutation. - 1195 Person with power over vow can suspend the obligation if fulfillment would affect the person adversely. - *1196 -
Line 44:	Line 2:
- ==Title One== - ==Title Two== - ==Title Three== - ==Title Four== - ==Title Five==	+ ==Title One: The Acquisition of Goods == + (1259 - 1272) [http://www.intratext.com/IXT/ENG0017/__P4O.HTM English] [http://www.intratext.com/IXT/LAT0010/__P4O.HTM Latin] + ==Title Two The Administration of Goods == + (1273 - 1289) [http://www.intratext.com/IXT/ENG0017/__P4P.HTM English] [http://www.intratext.com/IXT/LAT0010/__P4P.HTM Latin] + ==Title Three: Contracts and Especially Alienation == + (1290 - 1298) [http://www.intratext.com/IXT/ENG0017/__P4Q.HTM English] [http://www.intratext.com/IXT/LAT0010/__P4Q.HTM Latin] + ==Title Four: Pious Dispositions in General and Pious Foundations== + (1299 - 1310) [http://www.intratext.com/IXT/ENG0017/__P4R.HTM English] [http://www.intratext.com/IXT/LAT0010/__P4R.HTM Latin]

Book 5

amycsj — 2008-03-05 12:49:47

(quick edit)

Differences for Book 5

Deletions are marked with - .	Additions are marked with +.
Line 21:	Line 21:
- ==Places of Worship	+ 1177 Must be celebrated generally in the parish church (domicile or quasi-domicile) of the deceased - it may be in another place after notification of proper pastor. 3) If death outside home parish, then where the death occur, unless particular law provides otherwise. In Charlemagne the funeral could be elsewhere but money had to go to parish priest - be cause he cared for the soul of the person. 1917 code said the body should be brought to parish church - contrary customs forbidden (which show the payment was there). In the 4th century there existed the notion of a right for Christians to choose the place of funeral. If the deceased didn't speak, then the parish priest had the right. Friends or family without mandate couldn't choose. This envisions a fictional parish community where people at the funeral are from the parish and know each other. Parish church or a church in the parish. + Funeral need not be at a Mass - so need not be by a priest, however, communion service is discouraged. Homily on the deceased or on the readings - this changes over time. Can be celebrated any day of the week, except last three day of holy week. Last prayers can be done by anyone - undertakers often do it in Belgium - who sometimes even use liturgical vestments. + 1178 Bishop's funeral at the cathedral unless he chooses otherwise. Diocesan bishop and emeritus. + 1179 Funerals of religious are generally in their proper church or oratory by superior or chaplain. + 1180 1) Burial should be in parish cemetery if available, unless another place is choosen (as above). 2) All must choose their cemetery of burial. + 1181 Follow canon 1264 on offerings; poor are not to be deprived of proper funeral rites. Bishop's conference sets down norms for stipends. + 1182 After burial registry is to be made. A simmilibus, after cremation. + 1183 1) Catechumens receive same funeral rites. 2) Unbaptized children if parents intended to have them baptized. 3) If non catholic minister isn't available a baptized Christian can be allowed catholic funeral rites. Free masons (Person plotting against the church.) were excluded in 1917 code, not here. + 1184 The following don't get catholic funeral rites: 1) notorious apostates, heretics and schismatics; 2) those who chose cremation for anti-chritian motives; 3) manifest sinners where scandal would occur. In doubt, consult the bishop. Some would say would refuse for prostitutes and unmarried living together, suicides. Now scandal is an objective word for the church, not a subjective matter. Now refusing a funeral for suicide would be a source of scandal. + 1185 Exclusion from Church funeral includes exclusion from funeral Mass. + 1186 Filial veneration of Blessed Mary and saints is commended. + 1187 Only saints or blesseds can be venerated by public cult. + 1188 Sacred images can be displayed but in moderate numbers and suitable fashion so not to disturb the christian people. + 1189 Restoration of precious images requires written permission of the Ordinary who should consult experts. + 1190 1) It is 'absolutely wrong' to sell sacred relics. 2) Distinguished relics can't be alienated without permission of the Apostolic See. 3) This also applies to popularly venerated images. + 1191 1) Vow is a deliberate free promise to God concerning something good and possible - virtue of religion requires its fulfillment. 2) Unless prohibited by law, all can make a vow. 3) Grave or unjust fear or deceit invalidates vows. + 1192 1) Public vow is accepted by lawful Superior in the name of the Church - otherwise it is private. 2) Vows are solemn if so recognized by the church - otherwise simple. 3) It is personal if promises action; real if it promises a thing, mixed if both. + 1193 A vow obliges only the one that makes it. + 1194 Vow ceases by laps of time; substantial change in matter promised; cessation of conditon or purpose; dispensation; or by commutation. + 1195 Person with power over vow can suspend the obligation if fulfillment would affect the person adversely. + 1196 +

Book 5

amycsj — 2008-02-27 12:51:17

Differences for Book 5

Deletions are marked with - .	Additions are marked with +.
Line 5:	Line 5:
- *Churches of religious orders can be and are being sold in belgium, but the state owns parish churches. Jesuits sell a building which is later used for 'inappropriate' uses. You can't have perpetual conditions - dead hand, rule against perpetuity.	+ *Churches of religious orders can be and are being sold in Belgium, but the state owns parish churches. Jesuits sell a building which is later used for 'inappropriate' uses. You can't have perpetual conditions - dead hand, rule against perpetuity.
Line 9:	Line 9:
- Called also minor sacraments by Hugh of St. Victors. Sacramentum concilium says sacramentals only make sense to those with a faith perspective. Some people go for these outward signs, e.g. ash wednesday. The term came in the 12th C. when there were 6-7 types of sacramentals. 1614 was the first official liturgical book after Trent. E.g. 18 ordinary benedictions. But not compulsory. In the beginning of the 20th century there was a distinction between goods and acts. Blessings were constitutive, eg, blessing a chalice or altar changes it to a sacred object; or invocative eg asking the grace of God, but didn't change the nature of the thing. There are requirements for validity, but what if it is invalid. - Vatican Two mandated review of sacramentals: 1) conscious, active and easy participation of the christian faithful; 2) look at the signs of the times, perhaps new blessings can be introduced; 3) blessings reserved to bishops reduced to a minimum, even lay people can be involved; 4) they are now called holy signs - also closer to 'sacraments'; 5) local ordinary can adapt sacramentals. Review of the code didn't take these last points. - *83 code simplifies the schema, reserves control to Holy See. It does not speak to the nonapplication of rites and formulas. Distinction is made between consecration and dedication of churches. Consecration of virgins not a sacramental. The blessing has no constitutive value. New order of blessings published 1984. They are prayers, and don't expel demons.	+ Called also minor sacraments by Hugh of St. Victors. Sacramentum concilium says sacramentals only make sense to those with a faith perspective. Some people go for these outward signs, e.g. ash Wednesday. The term came in the 12th C. when there were 6-7 types of sacramentals. 1614 was the first official liturgical book after Trent. E.g. 18 ordinary benedictions. But not compulsory. In the beginning of the 20th century there was a distinction between goods and acts. Blessings were constitutive, eg, blessing a chalice or altar changes it to a sacred object; or invocative eg asking the grace of God, but didn't change the nature of the thing. There are requirements for validity, but what if it is invalid. + Vatican Two mandated review of sacramentals: 1) conscious, active and easy participation of the Christian faithful; 2) look at the signs of the times, perhaps new blessings can be introduced; 3) blessings reserved to bishops reduced to a minimum, even lay people can be involved; 4) they are now called holy signs - also closer to 'sacraments'; 5) local ordinary can adapt sacramentals. Review of the code didn't take these last points. + *83 code simplifies the schema, reserves control to Holy See. It does not speak to the non application of rites and formulas. Distinction is made between consecration and dedication of churches. Consecration of virgins not a sacramental. The blessing has no constitutive value. New order of blessings published 1984. They are prayers, and don't expel demons.
Line 13:	Line 13:
- *Recipients: baptized catholics, catechumens and unbaptized under circumstances (unless forbidden), divorce and remarried. Can't lead to supersticion, must take them seriously.	+ *Recipients: baptized catholics, catechumens and unbaptized under circumstances (unless forbidden), divorce and remarried. Can't lead to superstition, must take them seriously.
Line 15:	Line 15:
- *Canon 1172 - Exorcism - 3000 exorcisms a year in Belgium at an abbey. To weaken the power of the devil or evil spirits. Invoke name of God against the evil spirits. Earlier ages found it much more important. There is a presence of the devil in scripture, and historically it was more important. Public ones occur in the name of the church according to prescribed rites. They may be minor or maior. The minor is part of other rites, e.g. baptism. Maior is covered in this canon. Jesus Mt 10:1 was taking about the devil and but he never practiced the technique in the code. Prayers, laying on of hands, ex-sufflacio (more for adults than children) - blow the devil away. Constantine was probablly exorcised at baptism. Old texts don't require clerics, but from the middle of the 3C there was a specific group who were seen as clerics - functio without ordinatio. Gratian has a canon for ordination to exorcist - one of the lower ordinations in Gallican liturgy. But they seldom received permission to do an exorcism. - - - ==Places of Worship==	+ Canon 1172 - Exorcism - 3000 exorcisms a year in Belgium at an abbey. To weaken the power of the devil or evil spirits. Invoke name of God against the evil spirits. Earlier ages found it much more important. There is a presence of the devil in scripture, and historically it was more important. Public ones occur in the name of the church according to prescribed rites. They may be minor or maior. The minor is part of other rites, e.g. baptism. Maior is covered in this canon. Jesus Mt 10:1 was taking about the devil and but he never practiced the technique in the code. Prayers, laying on of hands, ex-sufflacio (more for adults than children) - blow the devil away. Constantine was probably exorcised at baptism. Old texts don't require clerics, but from the middle of the 3C there was a specific group who were seen as clerics - functio without ordinatio. Gratian has a canon for ordination to exorcist - one of the lower ordinations in Gallican liturgy. But they seldom received permission to do an exorcism. + 1917 code only allowed priests to exorcise - pietas et prudentia, and integritas vitae. It had to be one person - but not to a religious order. Only after determination that victim was actually possessed. Any priest could do preventive exorcism. Ritualae Romanum (1925, 1952). Increased scepticism - make sure it is posession and not pathology. + 1983 Exorcism only with the permission of the bishop. Lower order of exorcism is abolished, but is included in a formal way in priestly ordination. 1970s and 1980s were organizing collective exorcisms under the direction of lay people. Not exorcism in the canonical sense. CDF 1985 issued document against non-canonical exorcism. Priest and lay can't co-use the formula of Leo XIII - but you could pray. 1998 - CDW On exorcisms and other temptations. new ritual for exorcism - changed formula of 1614. Long document with 38 technical norms followed by prayers; language is more admistrative. Devil defined as substantive evil, the enemy of God in the world - No threatening attitude to the devil but a prayer to Christ for deliverance from darkness. Psycharists should be consulted before exorcism. Difficult cases dealt with by the bishop. Criteria: 1) speaking unknown languages; 2) understanding many strange words; 3) reveal remote or hidden things; 4) extraordinary forces; 5) outspoken negative attitude toward God, or holy images. More mania than depression. Prayer, holy water, litany, gospel, hands laid on, profession of faith, conclusion. Exorcist shows the cross and blesses the person with it. Small exorcisms more common - victims of spiritism, occult practices, etc. Praying together, imposing hands and holy water - anyone can do it. Vatican 2 wanted prompt reconsideration of the rituals. Rome just set up a course for exorcists + 1173 - Liturgy of the hours. - 1174 requires recitation of clerics but no sanctions. + 1176-1185 - Funerals - more than just burying, but includes the whole ritual - Exequiae. Canon 1240-1243 Cemeteries - governed also by secular law. Three elements of funeral: 1) reception of body after common prayer in house where they died; 2) funus - songs, or mass and/or absutus - absolutions and commendations; 3) burial. 1614 all elements canonized including the two processions. Constitution on the Litury 1963 said funerals should have a more resurrection atmosphere. This was confirmed in the 1970 Missale Romanum, which also let in more local custom. 1969 ordo exequiarum - lots of space for episcopal conferences for 'innovation'. + 1176.3 Cremation not forbidden. 1000 BCE cremation was the norm; 500 BCE burial became common practice; Romans used cremation for the rich, burial for the poor; With Christianity, cremation became marginal (though it existed at the beginning); Burial of Christ, and grain falling to the earth and then rising up; Later burial was associated with resurrection of the body. 500 AD cremation disappeared. Charlemagne - punished cremation capitally. Renaissance and French Revolution gave rise to attempts at cremation; Italian Free Masons first reintroduced it 1869 - doctors also supported it for public health and civilization; New techniques made it more acceptable legally in late 1800s; 1886 Holy Office prohibited membership in associations in favor of cremation and no anointing and no church funerals if person wanted cremation; 1917 code maintained the prohibitions; 1925 interpretation said church funerals refused to those who asked for cremation, even if not done. The following year they said the revocation had to be proven and ashes couldn't be on church grounds and no prayers or ritual. Seen as part of anti-church polemic. There was never a dogma here. 1963 discipline relaxed and anti religious motives fell away. Some negative attitudes are still prohibited. Not against natural or supernatural truths, doesn't effect the soul, and doesn't prevent the resurrection of the body. But he prohibited religious services at the crematorium. Protestants never condemned it but there is some resistance. Some other documents and finally the 1983 code. All the rituals should take place in the church, before the cremation if possible, if not, omit the committal prayers. No masses and funerals with the urn in the church unless the bishop allows it (CDW). Religious rite is now allowed in crematorium. Urn can be in columbarium (no prayer is provided); spreading the ashes has not christian character. In Belgium 1970 0.3% cremation 1980 5% 1997 30% now close to 60%. 70% catholic ritual. + ==Places of Worship

Book 5

amycsj — 2008-02-21 12:31:43

Differences for Book 5

Deletions are marked with - .	Additions are marked with +.
Line 1:	Line 1:
	+ =Temporal Goods Book Four= + Introduction + Legal position of church, chapel, etc. is at the end of book 4. + Die and leave castle to the church to build a church on the land 1970s. No need for church. Remainder to remote relatives. + Churches of religious orders can be and are being sold in belgium, but the state owns parish churches. Jesuits sell a building which is later used for 'inappropriate' uses. You can't have perpetual conditions - dead hand, rule against perpetuity. + ==Other Acts of Divine Worship== + ===Canon 1166=== + Sacramentals are sacred signs that imitate the sacraments. Eastern code has only one canon: 1867. They are introduced by the church, no divine law. Generally spiritual goods, but blessings of cars, etc. as well. + Called also minor sacraments by Hugh of St. Victors. Sacramentum concilium says sacramentals only make sense to those with a faith perspective. Some people go for these outward signs, e.g. ash wednesday. The term came in the 12th C. when there were 6-7 types of sacramentals. 1614 was the first official liturgical book after Trent. E.g. 18 ordinary benedictions. But not compulsory. In the beginning of the 20th century there was a distinction between goods and acts. Blessings were constitutive, eg, blessing a chalice or altar changes it to a sacred object; or invocative eg asking the grace of God, but didn't change the nature of the thing. There are requirements for validity, but what if it is invalid. + Vatican Two mandated review of sacramentals: 1) conscious, active and easy participation of the christian faithful; 2) look at the signs of the times, perhaps new blessings can be introduced; 3) blessings reserved to bishops reduced to a minimum, even lay people can be involved; 4) they are now called holy signs - also closer to 'sacraments'; 5) local ordinary can adapt sacramentals. Review of the code didn't take these last points. + 83 code simplifies the schema, reserves control to Holy See. It does not speak to the nonapplication of rites and formulas. Distinction is made between consecration and dedication of churches. Consecration of virgins not a sacramental. The blessing has no constitutive value. New order of blessings published 1984. They are prayers, and don't expel demons. + Canon 1168 - ordinary minister with proper capacity, lay people can administer some sacramentals. Some things are reserved to bishops, e.g. Canon 1207 says blessings of churches are proper to bishops. Deacons can give only the blessings accorded to him, e.g. Holy Communion during and outside Mass, bless the sick, communion calls. Forbidden to Deacons is blessing of seminary, monastery, graveyard or missionaries. What happens if he does? Lay people have right bless things in daily life, bless kids, cars, etc. + Recipients: baptized catholics, catechumens and unbaptized under circumstances (unless forbidden), divorce and remarried. Can't lead to supersticion, must take them seriously. + Canon 1269 - private persons can acquire sacred goods, but can't use them for profane use unless they have lost their blessing. + Canon 1172 - Exorcism - 3000 exorcisms a year in Belgium at an abbey. To weaken the power of the devil or evil spirits. Invoke name of God against the evil spirits. Earlier ages found it much more important. There is a presence of the devil in scripture, and historically it was more important. Public ones occur in the name of the church according to prescribed rites. They may be minor or maior. The minor is part of other rites, e.g. baptism. Maior is covered in this canon. Jesus Mt 10:1 was taking about the devil and but he never practiced the technique in the code. Prayers, laying on of hands, ex-sufflacio (more for adults than children) - blow the devil away. Constantine was probablly exorcised at baptism. Old texts don't require clerics, but from the middle of the 3C there was a specific group who were seen as clerics - functio without ordinatio. Gratian has a canon for ordination to exorcist - one of the lower ordinations in Gallican liturgy. But they seldom received permission to do an exorcism. + + + ==Places of Worship== + =Book Five= + ==Title One== + ==Title Two== + ==Title Three== + ==Title Four== + ==Title Five==