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Code of Canon Law

Part I

General normal rules

Can. 1 -- Existing customs or laws at variance with this codex are herewith abolished. Customs disapproved by the Codex are considered corruptions of the law and cannot in the future be revived and obtain the force of law.


Can. 2 -- The Law is not retroactive with the sole exception of judgments and censures effected before the institution of the Code or unless it specifically states that it concerns a past act or judgment.


Can. 3 Those laws are to be considered invalidating which explicitly states or equivalently declare that an action is null and void or that a person is incapable of acting.


Can. 4 There can be no future censure for acts committed prior to the enactment of this Code unless explicitly states as in Canon 5.


Can. 5 Those under censure for delict prior to the enactment of this Code are forbidden to avail themselves of the saving clauses as contained herein since their status is by its nature perpetual.


Can. 6 The Law of the Church as contained herein shall be the general law of the Clergy who are under the Jurisdiction of the Old Roman Catholic Church i.e.: Old Catholic Church of America (Archdioceses of Kankakee).


Can. 7 Ignorance of the General Law of the Church does not per se excuse from compliance with the law but may, at the discretion of the Courts Appointed be considered in extenuation only.


Can. 8 Ignorance or error is not presumed when it concerns the law or its penalty, or one?s own action, or the notorious action of another, concerning the non-notorious action of another, ignorance is presumed until the contrary is proven. This rule shall apply when a transgressor is brought before the Ecclesiastical Tribunal for a violation of Canon Law.


Can. 9 Laws are authoritatively interpreted by the Archbishop and by those to whom the power of interpreting has been committed. Authoritative interpretation of a law has the force of law itself.


Can. 10 Ecclesiastical laws must be interpreted according to the proper meaning of the terms of the law considered in their context. If that meaning remains obscure, one must have recourse to parallel citations of the Code if there are any, or to the purpose and circumstances and the intention of the Archbishop.


Can. 11 The Codex expressly does not interfere with existing laws or custom of existing Religious Orders, their Constitutions or privileges as long as they are within the spirit of the law and not contrary thereto.


Can. 12 Precepts given to Individuals by the Archbishop bind them wherever they go, but they cannot be urged in an Ecclesiastical Trial and they expire with the authority of the one imposing the precept, unless they are given in the form of a legal document, or before two witnesses. An exception to this will be given in Canon 15.


Can. 13 All Faculties, Authorities, Commissions, Warrants, Charters, by any person, prelate, priest or official of the Old Roman Catholic church i.e.; Old Catholic Church of America, to any Order, prelate, priest, organization or lay person, for the purpose of founding, instituting, erecting, soliciting or constituting parishes or societies, are by this Canon subject to recall at the direction of the Archbishop.


Can. 14   Prior acts of any prelate or Synod to August 25, 1963 tending to bring discredit upon the Church shall be dealt with by summary sentence of the Ecclesiastical Court, condemned and forever abrogated, nullified and anathematized and can never more obtain the force of legality or validity.


Can. 15 In order that a custom may obtain the force of law in the Church, it must have received the consent of the Synod and the Archbishop.


Can. 16 No custom can abrogate or modify the Divine Law, either positive or natural. In order that a custom may have the power to change Canon Law, it must:

(a).have persisted for a period not less than forty years.

(b).be, by nature reasonable.

(c).have the unanimous consent of the Synod and Archbishop.


Can. 17 Dispensation, which is the relaxation or modification of Law in a particular case, can be granted by the Archbishop, by his successor and by those whom they have delegated.


Can. 18 §1. From the General Laws of the Church, Auxiliary Bishops inferior to the Metropolitan cannot dispense, not even in a particular case, unless the power has been conceded to them implicitly or explicitly or when recourse to the Metropolitan is difficult and there is at the same time danger of causing great harm by the delay and the case is one in which it is reasonably presumed that the dispensation would be granted in the normal course of events.
 

 

    §2. EPIEIKEIA, is that state of circumstance wherein it is possible to modify or dispense with the Law, even by inferior pastors and curates, when from the status, it is certain that though in actuality the law specifically states a course of action, it is morally certain in the mind that in that particular case it would not be the wish of the lawgiver to follow that course. In this case, the Law may be waived and recourse later be had to the Metropolitan. Consistent abuse of the principle of Epieikeia is not lawful, but a corruption of the Law and subjects the offender to Trial for violation of Canon Law.


Can. 19 Pastors cannot dispense either from a General Law of the Church nor from special laws of the Archbishop or other Bishops. By custom introduced from time immemorial, pastors can only dispense their individual parishioners in special cases from fast and abstinence and permit them servile work on Sundays only.
 

 
 
 

PART II

CLERICS

Can. 20 Those who have been assigned to the Divine Ministry are called Clerics. They are not of the same degree; there is a Sacred Hierarchy, by which one is subordinate to the other. The Hierarchy which is of Divine Institution by reason of Sacred Orders consists of Bishops, Priests and Deacons; by sacramental usage, Subdeacons, Minor clerics of the Ostiariate, Lectorate, Portarate and Acolyte, by reasons of Jurisdiction, it consists of the Archbishop and the subordinate Episcopate.
 

 

Incardination In The Diocese

Can. 21 An Ordinary should not incardinate a cleric of another Diocese set up within the Church by the Archbishop unless:

  1. The cleric is necessary or useful and the prescripts of Canon Law have been observed.
  2. the Ordinary has the authentic document and valid letters dimissorial from the Archbishop.
  3. The cleric has taken the oath of stability to serve the Diocese for all times henceforth.

Can. 22 The prescripts of c. 21 shall also apply in all cases to the priests of any other Church validly ordained entering upon the Sacred Ministry within the Church.
 

 

Can. 23 Priests may not change parishes, exchange parishes or transfer themselves from one Mission to another without the express written permission of the Archbishop or in these territories where there is an Ordinary appointed, without the consent of the Bishop where he wishes to go.


Can. 24 §1.No priest in charge of a parish or no Vicar Forane may, of his own volition, receive, even temporarily, any priest not in possession of valid letters dimissorial or assign him to any work. This shall not be deemed to include priests on lawful canonical vacation in possession of a Celebret.
 

 

    §2.A priest may serve as locum tenens in the event of necessity, but always after the Chancery Office has been duly notified.


Can. 25 There shall exist but two types of benefice:  ?Service of the Diocese? and ?Mission Assignment?. In the service of the Diocese, any Bishop thereafter ordaining any priest for whom there is not an immediate place is responsible for the care and upkeep of that priest as a member of his domestic household. Any Bishop hereafter accepting the incardination of any priest from a foreign country or from the Roman Catholic or Eastern Orthodox Church shall be responsible likewise for the continuing care of said priest; as shall any priest bringing said clerics to this country with the express permission of the Synod and Archbishop be likewise responsible.


Can. 26 Since the past has shown that acephali and vagantes are a danger and a scandal to the Church, any cleric fostering or aiding and advising any cleric of this Church to solicit a transfer wherein there does not exist a valid assignment ready for him shall be subject to the penalties prescribed in these Canons for that offense.


Can. 27 -- Clerics under censure are automatically excardinated by reason of judicial sentence and incardination is only refected at the expiration of the sentence of suspension or probation, whichever be the longest. During this period, they are to be deprived from all vote, both active and passive and are forbidden Faculties other than to say Mass in private.


Can. 28 It is explicitly and expressly forbidden to allow any clergyman of any obedience other than that of the Roman Catholic or Eastern Orthodox Church within the Sanctuary at any time during Divine Services unless he be in the process of incardination.


Can. 29 Faculties and permission to say Mass are to be withheld in all cases where a visiting priest does not both display valid faculties, must have celebret enter his name and origin in a book to be provided for that purpose and kept in the sanctuary for the inspection of the Bishop Visitor.

Concerning the Rights and Privileges of Clerics

Can. 30 All the Faithful owe the Clergy reverence according to their various ranks and offices and they become guilty of sacrilege if they do them personal harm.


Can. 31 All cases against clerics, both Civil and Criminal must be brought into the Ecclesiastical Court.


Can. 32 All Clerics and Religious, who enjoy the privilege of the Forum cannot be brought into, or sued in a Civil Court without the permission of the Archbishop. Such permission should not be refused if the suitor be a lay person and especially after his attempts to secure a settlement have failed. If Clerics have sued or been sued in Civil Court without the obtained permission, they may appear in Court in response to competent Civil Authority but they shall inform the Archbishop from whom the permission should have been obtained.

Can. 33 Clerics may be ordained if they have married before the Diaconate, but except by Dispensation From the Archbishop, no married man may be ordained further if he contract a valid marriage after the Diaconate, without letters of Dispensation from the Synod or Archbishop.

Can. 33-A -- No sub-deacon, deacon, priest, or bishop may enter into the bonds of Matrimony. Only those in minor orders, tonsure, or in lay estate may marry before ordination to the Subdiaconate. Subdeacons do profess a solemn oath of celibacy upon ordination to that order.

(This Canon suspends Canon 33, effective August 24, 1978.)

Canon 33-B

NEW AND REVISED Canon 33 B - Revised, effective August 15, 2003 - There is no bar to the sacrament of Holy Orders for those men who are married. The married state is valid expression of the Christian life and ministry. Holy Synod does not need to issue letters of dispensation. The Archbishop may grant a deacon, priest, or bishop the leave to contract marriage.

(This Canon suspends both Canon 33 and 33 A)


 
 

Can. 34 Clerical Celibacy shall be the General Norm in accordance with the injunction of St. Paul to the Corinthians I. vii. 8-9, but with deference to the continuing injunction. ?Bishops should be the husband of one wife, sober, etc.,? in accordance with Ancient Apostolic Custom. Bishops may also be selected from among the married clergy without discrimination.


Can. 34-A No priest may be raised to the Episcopal dignity and remain within the bonds of Matrimony. Only Celibates and widowers may be consecrated to the office of Bishop. This canon is not retroactive before the established date.

(This Canon suspends Canon 34, effective August 24, 1978.)


 
 

Can. 35 Celibacy shall be obligatory upon the Religious Orders, with the express exception of Secular Tertiaries of those Orders.


Can. 36 Clerics are possessed of the Power in the sanctification of the Faithful by Sacred Rites and of Power of Jurisdiction to govern the Faithful for the fulfillment of the Supernatural Ends for which the Church was established.


Can. 37 Clerics enjoy the privilege of Immunity from Military Service, which right is nominally respected in the United States. In time of grave national peril, clerics ought not to withhold their Sacred Ministrations even though they are not assigned Chaplaincies.


Concerning the Obligations of Clerics

Can. 38 The essential obligation of every Cleric constitutes the adherence to the Law of the Church, orthodoxy in the matter of Sacred Rites, the respect and obedience due his lawful superiors, the zealous guarding of Faith and Morality and the unceasing attention to his priestly office in caring for the immortal souls committed to his charge.


Can. 39 The Bishop must take care that the clergy frequently go to Confession, make a daily meditation and visits the Blessed Sacrament, recite the Divine Office and Examen Conscientiae.


Can. 40 All Secular priests must, at least once in two years make a retreat for a time specified by the Bishop. No one shall be exempted from this retreat except in a particular case, for a just reason and with the explicit permission of the competent ecclesiastical authority.


Can. 41 All Clerics, but especially the priests, are under the solemn obligation and vow made at their ordination to obey and respect their Archbishop and Ordinary, in those areas not Canonically erected into Dioceses, the Clergy are immediately subject to the Archbishop or the Vicar Forane delegated by him to exercise Jurisdiction.


Can. 42 The Office imposed on clerics must be assiduously attended to as long as the Bishop judges that the needs of the Church require that particular service of the priest.


Can. 43 The Clerics, after being Ordained Priests, must not neglect studies, but rather increase them, to the greater apologetic erudition of the Church and especially in the Sacred Sciences in which they should follow the sound doctrines handed down to us by the Fathers and universally received by the Undivided Church and they should avoid profane novelties of expression and that which is wrongfully called ?scientific or modern?.


Can. 44 All priests, even though they have a parochial charge, must undergo for three years after their ordination, an examination in the Sacred Sciences as outlined by the Archbishop or Ordinary. In the appointment to existing parishes or benefices, those ought to be preferred who excelled in the examinations.
 

 

Can. 45 All clerics are bound to wear becoming clerical garb in accordance with the legitimate custom of places and in accordance with the instructions of the Ordinary. Clerics are not allowed to wear a ring or any ostentatious or eccentric articles of dress. In their homes and on the grounds of Church property, clerics should not appear in secular garb but should wear the cassock or religious habit peculiar to their Religious order. This may be modified if one is a working cleric.


Suspended

Can. 46 Because of the condition in the United States which consists in the separation of Church and State, clerics will not wear the cassock or Religious habit as a matter of form off ecclesiastical property. The designated dress shall consist in the standard black suit, Rabat and Roman Collar. A hat should always be worn as a matter of course in conformity with ecclesiastical dignity.


Can. 47 Clerics must abstain from all things unbecoming their state; they must not exercise unbecoming arts; nor medicine without an indult; nor play games of chance for money; nor carry weapons unless there be justified cause for fear; nor indulge in hunting with outcry and publicity; nor visit saloons and public places where alcoholic beverages are sold and under no circumstances, countenance or sponsor any benefit contiguous to Church property wherein alcoholic beverages are either dispensed, purveyed or sold.
 

 

Can. 48 -- Alcoholic beverages should not be served as a matter of course in any rectory or Religious Institution, not for its intrinsic evil, but lest scandal touch the house and the person of the priest. This is not to be construed to include the common display of ordinary hospitality.


Can. 49 Even those occupations which are not unbecoming to the Clerical State, but which are foreign to it, the clergy must avoid.


Can. 50 Without express permission from the Archbishop, clerics shall not act as agents for the goods or property of lay people; or assume secular offices that impose the obligation of rendering an account; nor exercise the office of procurator or lawyer, except in the Ecclesiastical Court or in the Civil Court when there is question of his own case or that of the Church.


Can. 51 Canon 50 shall not be deemed to include the Office of Notary Public or Representative before the Board of Immigration Appeals or Probation Board of the various Criminal Courts of the land wherein there is no financial or beneficial interest involved on the part of the participant but merely the welfare of a member of the Church.
 

 

Can. 52 §1.The clergy must keep away from those performances, dances or shows which are unbecoming to the clergy and where it would be scandalous to see them attend. Despite the laudable custom of free admission granted by many of the operators of the establishments to members of the clergy, mere attendance is scandalous if the performance is such that the Church would be impugned by the attendance of the clerics.
 

 

    §2.Should there be a particularly worthwhile historical or educational event being displayed, shown or exhibited permission may be presumed, but for good taste, the cleric should never attend alone and never in company which would, of itself constitute scandal. There should always be a priest or cleric companion.


Can. 53 Clerics shall not volunteer for Military Service without the permission of the Archbishop or Ordinary, Clerics must not take part in or help, aid or abet, any internal revolt or disturbance of public order, clerics in Minor Orders who volunteer for Military Service are ipso facto reduced to the lay estate without further process of Canon Law.


Can. 54 Clerics who knowingly lend themselves to, join, participate in or otherwise render themselves culpable in any seditious, notorious organization, group, order, association, body or congregation, whose particular aims or intentions are proven or have been proven to be openly antagonistic to the Government of the United States or any local State or Civil Government are ipso facto suspended and subject to the penalties as set forth in Part VII.


Can. 55 All clerics entering the United States from a foreign country intending to permanently reside herein, after having been lawfully incardinated in accordance with those provisions of Canon Law, shall, within the period of 5 years, make formal Declaration of Intention to become United States Citizens and shall subsequently proceed in the manner prescribed by law.
 

 

Can. 56 Clerics, even though they have no parish or benefice, are forbidden to be absent from their ecclesiastical domicile for a notable length of time without the express permission of the Ordinary. When such permission has been, in fact granted, reports of activities must be made at least every month during the period of lawful absence.
 

 

Can. 57 Clerics are bound to fulfill their obligation imposed upon them by the Synod in the matter of Cathedraticum and other assessments made upon them by Synod Vote. Poverty of a cleric will excuse him from these obligation upon affidavit to the Archbishop or Ordinary and formal written dispensation, but the cleric must make some contribution according to his means.


Can. 58 Clerics assigned a parish or mission may not, of their own volition become ?inactive or inoperation?. The clerics of the Church should ever, with unceasing diligence, labor for the good of the Church and the salvation of souls without regard for personal well-being. Clergy who are retired or are unable to work by reason of physical disability will be dispensed upon formal application to the Archbishop.


Can. 59 Clerics are obliged by this Canon to be present at all clerical meetings called by the competent ecclesiastical authority designated to exercise jurisdiction over any particular area. Since the local Chapter of Deanery is the nucleus of combined effort and teamwork within the Church, the importance of constant intercommunication cannot be over-stressed. At those meetings, all matters pertaining to the welfare of that particular area and of the Church in General shall be discussed and appropriate action taken.


Can. 60 It shall be the duty of the cleric appointed as secretary of the local Chapter or Clericus, to forward, in duplicate a complete documentary transcript of the proceedings to the Chancery Office at the close of the meeting following its approval by signature of the responsible prelate or dean.


Can. 61 It is the indispensable duty of all clerics to furnish prompt certified copies of all pertinent documents, Baptism and Death or Marriage Certificates, yearly Census reports and parish protocols to the Chancery for filing. Failure to keep adequate records may expose the clergy and laity to future inconvenience and possible disaster if those records be not readily available.


Can. 62 The Archives of the Church shall consist of all documentary evidence of Census, Baptism, Confirmation, Ordination and Matrimonial matters; the transcripts of all ecclesiastical trials or disciplinary matters; the personnel records into of all clerics of the Church; documents of concordat or inter communion the duplicates of all balloted votes taken at Synods together with all historical and financial reports pertaining thereto and full and concise directions for the successor to the Archbishop should his untimely death occur. The Archives shall contain a separate box, of a secure nature, locked by two keys, one to be held by the Archbishop and the other by the Chancellor of the Archdiocese. In this receptacle shall be kept all papers of a confidential nature. The Archives of the Church shall be made available to inspection and inventory by a committee appointed by the Archbishop during Synod, wherein disposition may be made of outdated materials. These shall be destroyed by fire and a brief notation kept for the record.


Can. 63 Due caution shall be taken that no unauthorized person obtain any access to the Archives. Persons or Clerics removing any paper or document therefrom shall leave in its place a signed receipt, giving the date and purpose of removal and authority therefor and his signature. He shall then become personally responsible for its safe return. Authority for such temporary removal shall be obtained from the Archbishop, or if, by reason of any inability to act, from the Coadjutor.


Can. 64 Ecclesiastical Offices cannot be obtained except by canonical appointment. By ecclesiastical or canonical appointment is understood the conferring of an office by the competent ecclesiastical authority, according to the Sacred Canons.


Can. 65 Appointment to any office must be made in writing, duly attested by the Ordinary and Chancellor of the Diocese.


Reduction of Clerics to the State of the Laity

Can. 66 Though Sacred Ordination, once validly received cannot be invalidated, nevertheless a cleric in minor orders may be reduced to the state of the laity by rescript or sentence of the ecclesiastical court and finally by the penalty of degradation.
 

Can. 67 A cleric in minor orders may be reduced to the state of the laity not only by the very fact of committing actions to which the law attaches loss of the clerical state, but also by his own free will under conditions wherein he requests the Ordinary to allow him to return to the lay estate; or the effect when he prudently judges that the cleric could not with due respect for the clerical state be promoted to Sacred Orders; or the cleric indulging in activity or delict which bring scandal and opprobrium on the Church, ipso facto relegating him to the lay estate without further process of Canon Law. The burden of proof shall be on the cleric.


Can. 68 If a cleric in Minor Orders has for any reason returned to the State of the Laity, he can again be admitted to the Clergy with the permission of the Ordinary into whose Diocese he was incardinated by Orders. The Ordinary should, however, grant permission only if the cleric be blameless and worth of re-incardination and the cause for his reduction was not such that his moral character was affected. A period of probation should be designated and the cleric tested anew for his vocation.


Can. 69 Clerics reduced to the Lay estate by delict or act of commission which is culpable under Canon Law is by this canon, perpetually impeded from ever again entering upon the clericate (the clerical order) with a view to future ordination but he may not be forbidden the sanctuary of a Religious House if he be penitent and desirous of expiating his delict. (See Medieinal and Vindictive Penalties, Sec. VII).
 

 

Can. 70 A cleric in Major Orders who has returned to the Lay Estate may not be readmitted to the Clericate except by Rescript from the Synod and Archbishop. This shall be deemed to include all cases not culpable under Canon Law.


Can. 71 Clerics in Major Orders reduced to the State of the Laity by reason of judicial sentence are permanently enjoined from ever being Ordained further or exercising the Orders already received. The Impediment is, by its very nature perpetual. Dispensation may only be granted after a period of lengthy probation and the approval of the Ordinary or Archbishop and the Synod.


Can. 72 All clerics who have been legally reduced to the state of the laity or by permission granted for cause not affecting their moral character thereby lose all office, benefice, rights and privileges of the clericate and are forbidden to wear the cassock and other clerical apparel,they remain bound, however, by the Divine Office and celibacy,if they are unmarried and in Major Orders. Minor clerics are not bound by the obligation to recite the office.


THE HIERARCHY

THE METROPOLITAN

Can. 73 -- As Head of the Church, the Metropolitan has the following rights of Jurisdiction over the Old Roman Catholic Church i.e.; Old Catholic Church of America; and/or any other territories of the Church in foreign lands:

1.The Metropolitan may place into Office those who have been presented for a benefice or delegate that right to the separate Ordinaries.

2.Make the Canonical Visitation of the Dioceses and all Territories of the church, if those delegated by him to so do fail in their duty.

3.Watch over the faithful observance of Faith and discipline throughout the Church as a whole.

4.To exercise the Pontifical in all Churches even those exempt.

5.To receive appeals from Judicial Sentences passed by those under his jurisdiction and to act as the Court of the Second Instance.

6.He acts as Court of the First Instance in cases concerning Bishops their rights and temporal goods.

7.He has the right to convene the General Synod and to preside at its deliberation.

8.He has the right to consecrate Bishops canonically elected and whose election shall have been confirmed by Synod.

9.He shall have the right to designate his Coadjutor but such designation shall have the majority consent of the Consistory and the Synod assembled at the earliest regular time subsequent thereto. there shall be no deviation from this procedure.

10.He takes precedence over all other Bishops and Lesser Prelates within the Church.

11.He shall have the right to appoint all officials of the Metropolitan Curia and to remove them from office for just cause, but those offices affecting the jurisdiction of Bishops must be ratified by the Synod of Bishops.

12.He shall exercise Jurisdiction over all Religious in accordance with theirConstitutions.

13.He shall have primary jurisdiction over all Bishops who shall function as his auxiliaries. In the case of Provisional Dioceses canonically erected, the Ordinary shall be governed by the concerned Canons.

14.The right to grant faculties to priests or to revoke such faculties, even those ordained by other Bishops of the Old Roman Catholic church,i.e.; Old Catholic Church of America shall be reserved to the Metropolitan Archbishop who may nevertheless delegate the authority to the Bishop who shall have performed the Ordination and to those Bishops in the future placed in charge of actual or provisional Dioceses.

15.In like manner, the Metropolitan shall have the right to grant letters dimissorial to all clerics of the church even though such authority may be delegated to another Bishop at the discretion of the Archbishop.

16.The Metropolitan Archbishop is, despite his broad powers, responsible for the Faith and Practice of the Old Roman Catholic Church i.e.; Old Catholic Church of America and the discipline of her clerics and laity.

He is a Servant of the Servants of God and no man should be elected to the office or considered as Coadjutor who is not likely, by reason ofphysical frailty or personal instability to fulfill that High Position.


 

 
THE BISHOPS

Can. 74 The Bishops are successors to the Apostles and before a cleric is elevated to the Episcopate, proof must be furnished that the individual is worthy.
 

 

Can. 75 The requisites for a candidate to the Episcopate are:He must be born of legitimate wedlock and even those legitimized by subsequent marriage are excluded; he must be at least thirty years of age; He must have been ordained a priest for at least a reasonable time and must have exercised his sacerdotal orders within the Old Roman Catholic Church i.e.; Old Catholic Church of America for the same length of time; he must be of good character, with piety and zeal for souls, prudent and otherwise qualified to perform the office of Bishop; he must be a Doctor or Licenciate in Theology or Canon Law in an institution of Learning approved by the Church or must submit to an examination in these Sacred Sciences.


Can. 76 All those who are elected, presented or designated for Consecration by persons who have the power to elect, or present or delegate must have the aforesaid qualifications. The Consistory, together with the Archbishop shall have the right to pass judgment on the qualifications of any candidate for the Episcopate.


Can. 77  The Bishop, unless he be an Auxiliary or Coadjutor shall have the Right and Duty to govern the Territory or Diocese assigned him. His jurisdiction shall extend to temporal as well as spiritual affairs and to this end he has legislative, judicial and coercive power which must be exercised in accordance with the laws of the Sacred Canons.


Can. 78 Only those Bishops elected by the Synod at large and Consecrated by the Archbishop Mandate and the Order of the Consistory may exercise the right of Jurisdiction. Any Bishop of this Church, consecrated sub rosa without the express authority as stated above is impeded from obtaining a Diocese or acting as a Bishop except by Synodical Indult, which indult shall have been subsequently approved and ratified by the Synod assembled.


Can. 79 It is neither just or right that the Sacred Office of the Episcopate shall be obtained by independent consecration and the conditions as set forth in C. 78 shall, for all time, stand. Any cleric of this church, consecrated sub rosa by any Prelate of this or any other ecclesiastical jurisdiction is ipso facto permanently impeded from over exercising the Episcopate or obtaining any office of authority or responsibility within the Church, is deprived of both active and passive voice and the Consecrating Prelate, is by his act of insubordination, ipso facto deprived of his office and is impeded from ever exercising his Episcopate within the church. The Impediment is perpetual.


Can. 80 The Laws of the individual Bishops begin to bind immediately upon promulgation unless he provides otherwise. The method of promulgation is determined by the Bishops, the Canon on prescripts is valid herewith in the same sense.


Can. 81 The Bishop must urge the observance of the Law and be an example to his clerics by his compliance and he cannot dispense from the General Law of the Church except as specifically and explicitly delegated by the Metropolitan Archbishop.


Can. 82 Every Bishop shall make a monthly report of conditions within his diocese, such report to be published in the Acta Metropolitiani Sedis for the General Information of the Church at large where feasible.
 

 

Can. 83 Such reports shall, in context follow the formulas as set forth by the Chancery Office of the Church in all respects.


Can. 84 The Bishop must visit his entire Diocese at least once in every two years in person, or if legitimately dispensed by the Archbishop, he may be delegated a Vicar Forane or other qualified prelate.
 

 
 
 

CONCERNING COADJUTORS AND AUXILIARY BISHOPS


Can. 85 The Synod only can give a Coadjutor to a Bishop, with the exception of the Metropolitan Archbishop. The Coadjutor as a general rule, is given to a Bishop with the right of succession, sometimes also to the See. where this is intended, the ratification of the appointment must be made through the Synod and the priests within the Diocese. The Bishop given as Coadjutor without the right of succession is called an Auxiliary Bishop.


Can. 86 The rights of the Coadjutor given to a Bishop are to be learned from the letters of appointment. Unless otherwise stated in the Apostolic Letters the Coadjutor given a Bishop who is quite incapacitated has all the rights and duties of the Bishop; in other cases he has only those rights delegated to him by the Ordinary of the Diocese.
 

 

Can. 87 What the Coadjutor is able and willing to do, the Bishop ought not to delegate to another.


Can. 88 The Coadjutor has the duty to perform the Pontifical and other functions which the Bishop would have to perform himself as often as he is requested by his Bishop and is able to attend to them.


Can. 89 The Coadjutor with the Right of Succession becomes Ordinary at the exact time the See or Diocese becomes vacant or upon the decease of the Ordinary, provided he took legitimate possession of his office after Canonical appointment.
 

 

Can. 90 The Office of the Auxiliary expires with the Office of the Bishop, unless it is stated otherwise in the Apostolic Letters or appointment.


Can. 91 Domestic Prelates are members of the Archiepiscopal Curia and are appointed by the Archbishop. they are Monsignori and may or not be Vicars Forane. They are directly responsible to the Archbishop as stated in their Letters of Appointment.


Can. 92 The Archbishop may, at his discretion, appoint Deans to be in charge of the Deaneries, where a sufficient number of parishes or extensive parochial territories exist and where jurisdiction cannot otherwise be conveniently administered.
 

 

Can. 93 The Archbishop shall be designated as ?HIS EMINENCE, ARCHBISHOP ________________. Coadjutor and Auxiliary or Diocesan Bishops shall be designated as ?HIS EXCELLENCY, BISHOP _____________________. THE REVEREND _____________________. Superiors of Religious Orders of Men and Monsignori are to be referred to as ?THE VERY REVEREND FATHER OR MONSIGNOR __________________.



 


CONCERNING THE SYNOD

Can. 94 The Synod, to be held at least every five years is to treat questions only as touch the particular needs of the clergy and laity of the Archdiocese or Diocese.


Can. 95 The Synod is convoked and presided over by the Archbishop or if it be a local diocesan Synod, by the Bishop of the Diocese. The Vicar General, by particular mandate may take his place for this purpose. It is to be held in the Cathedral unless there be good reason to hold it elsewhere.


Can. 96 The Clergy of the Church are to be present without exception. If the Synod be local only, certain of the clergy may be excused for cause demonstrated to the Bishop. Religious Orders represented in the Diocese shall have their Superior present at the deliberations.


Can. 97 Those who are called to Synod but cannot, by legitimate impediment send a procurator in their place but they must notify the Bishop why it is impossible for them to attend. Those who willfully neglect to come to Synod may be compelled by the Bishop with just penalties.


Can. 98 The Bishop may, before Synod, appoint a committee to prepare the subject matter for discussion. Before the sessions open, a schedule or agenda is furnished to all those who are to attend.


Can. 99 The proposed questions are to be submitted by the Bishop or the one presiding in his place to the Free Discussion of the members of the Synod in the preliminary session.


Can. 100 The Archbishop is the only Executive in the Synod. He alone signs the laws passed by the Synod which, if they are promulgated in the Synod, bind immediately.


Can. 101 In the General Synod of the Church, wherein the Synod of Bishops and all the clergy are present, any laws which are promulgated must be ratified by the Archbishop and Synod before they are enforceable.



 
 

CONCERNING SYNODICAL EXAMINERS


Can. 102 In each diocese, there must be Synodical examiners and parochial consultors who are all instituted in the Synod, the Bishop proposing and the Synod approving them. There should be as many as the Bishop judges necessary but not less than two nor more than seven.


Can. 103 The Synodical examiners should faithfully lend their services especially in the examinations for appointment as pastors and in ecclesiastical trials.


Can. 104 For the examination of candidates for Ordination and of priests to be approved for confessions and preaching and for the yearly examination for junior Clergy, the Bishop is free to call these examiners or others.



 
 
 
 
 


CONCERNING ARCHDIOCESAN AND DIOCESAN ORGANIZATION

Can. 105 The legal title of the Church be continued as:Old Roman Catholic Church i.e.; Old Catholic Church of America.


Can. 106 The Church is constituted of the Bishops, the Clergy and Laity. The Archbishop is the head of the Church and all must render him the respect and homage due the high position entrusted to him.


Can. 107 The Sacred Consistorial Congregation shall be composed of the Archbishop, the Bishops and such clergy as they shall appoint to assist them.


Can. 108 The SacredConsistorial Congregation shall have the authority and the power to govern the Church and enact intermediate laws pending the next convened Synod. They shall act as the Ecclesiastical Court and all petitions for Rescripts, Dispensations, Offices, Benefices or Directions involving the Church shall be addressed to them. They shall contain the offices of the Penitentiary, Holy Office, Sacraments, Propaganda Fidei and Oriental Congregations existing in the Church today.


Can. 109 In those cases referred to them by Canon Law for adjudication, they shall be the Court of Appeal. the Archbishop is Ex Officio President of the congregation and constitutes the Court of Last Appeal.


Can. 110 Upon his Consecration, a Bishop automatically is seated in the Consistory and is entitled to Active and Passive Voice in its deliberations.


Can. 111 The Consistory shall keep record of and ratify all Document of Import affecting the Church for the Archives. They shall issue certified copies of any Documents of Import as needed and shall issue all of the Acts of the Metropolitan See.


Can. 112 In the years intervening between the regular Synod, it shall be the duty of the Consistory to administer the Church as a legislative and judicial body under the direction of the Archbishop.


Can. 113 It is the duty of the Synod to erect such Dioceses, subordinate to the Archdiocese as may be expedient or necessary but before this can be done, there must be an actual need therefore.


Can. 114 Where Diocese are not erected, Bishops Auxiliary may be designated by him as Vicars General to assist in the administration.


Can. 115 The Chancery Office shall be directed by the Archbishop and shall consist of the Vicar General and Chancellor and such priest assistants as may be necessary to properly conduct the business of the Office.
 

 

Can. 116 It shall be the duty of the Chancery Office to receive and process all Church correspondence relative to the Archdiocese and its lawful business, to receive and care for, all reports and certificates of Death, Marriage, Baptism and Ordination, Confirmation and any other papers necessary or expedient for the proper conduct of business within the Archdiocese.


Can. 117 The Chancery Office shall, at the earliest possible time after the Blessing of the Holy Oils, forward them, by Registered Mail or personal courier to the Priests of the Archdiocese.


Can. 118 Any and all correspondence relative to Church Business shall be addressed to the Chancery Office and marked for attention to the concerned individual or Prelate. There shall be no deviation from this procedure. A self-addressed, stamped envelope shall be enclosed at all times for convenience in reply and large enough to accommodate the expected papers in return.


Can. 119 Any of the Acts of the Metropolitan See, public documents or matter of import to the Church at large shall emanate and be published via the official publication of the Church and the Report of the Chancery Office issued monthly by the Chancellor.


Can. 120 The Monthly Report of the Chancery shall contain such pertinent information for the clergy at large, thus eliminating unnecessary correspondence, as may be expedient or necessary for the transaction of Church Business.


Can. 121 The Chancery Office shall issue an Ordo of Divine Services with the Proper of the time and a designation of the Oratio Imperata; a directory of the Church, giving all pertinent data of the approved clergy and religious, such directory to be circulated within the Church alone and not to be available to casual inquirers. Such of these directories as are distributed shall be kept up to date.


Can. 122 Each adult parishioner of the Church shall contribute the sum of one dollar per year, such contribution to be placed in the Archdiocesan Treasury as a standing fund for the Chancery Office and they shall be given in return, all duplication of Marriage, Baptism, Confirmation certificates without further fee and shall be entitled to obtain any necessary rescripts without benefit of further charge.


Can. 123 This Chancery Fund shall be utilized for the necessary expenses of publishing the official organ of the Church, Acta Metropolitani Sedis and Chancery Report. It is forbidden to the use the fund for any other purpose unless directed by the Archbishop.


Can. 124 A yearly Financial Report shall be made to the Clergy and laity, and shall emanate from the Chancery Office. It shall be certified by the Synod and Archbishop.
 

 

Can. 125 For the welfare of the Church, one each of the Bishops is assigned by the Archbishop to administer the separate areas of the Archdiocese and shall receive his Letters stating the extent of administration.


Can. 126 Such duties shall include those of a Diocesan Bishop pending erection of formal Diocese areas.


Can. 127 The Bishop should not delay the appointment of a pastor to a vacant parish for more than six months, unless peculiar circumstances of place and persons induce the Ordinary to delay the conferring of the pastorate.


Can. 128 The Bishop is bound in conscience to give the Parish to the cleric best qualified without favoritism.


Can. 129 The function reserved to the Pastor unless the Law states otherwise are:

1.To baptize solemnly.

2.To Carry the Blessed Sacrament publicly to the sick.

3.To administer the Holy Viaticum whether publicly or privately and to

give Extreme Unction, Bishops shall receive the Last Sacrament from

the Vicar General or Canons of the Chapter. 

If these be not available, the Consultors are responsible. In ReligiousCommunities, the Superior has the right to give the Last Rites. In case of

necessity or urgency, any cleric may givethe Last Rites with presumed

permission.

4.To announce Sacred Orders and Marriage Banns, to assist at marriages

or delegate them to a curate and to give the Nuptial Blessing.

5.To perform the Requiem of His Parishioners unless they themselvesselected another Church for Burial Rites.

6.To Bless the Houses on Holy Saturday or any other day according toLoca Custom with the Blessing of the Ritual.

7.To Bless the Baptismal Font on Holy Saturday, to have public processions

outside the Church with all pomp and ceremony.


Can. 130 If the Pastor be obliged to leave the Parish because of some very urgent business and must be away for over a week he shall, as soon as possible inform the Bishop by letter of the facts and shall state what priest he has left in charge.


Can. 131 Also, in cases where the priest is away from the Church for less than a week, he must provide for the wants of the people, especially when particular circumstances of the parish demands attention.


Can. 132 The Pastor must celebrate the Divine Offices, administer the Sacraments, become acquainted with the people and increase the fold, by conversion and example, admonish the erring, counsel the straying, assist the poor and sick and give especial care to the instruction of Children in the Catholic Faith.


Can. 133 The Pastor must keep accurate, standing records of Baptism, Confirmation, Marriage, Deceased, Holy Orders and the Special Book of Mass Intentions and Visiting Clergy who may have said Mass in the Church. He should take care to have the census book as correct as possible and he shall keep these books with great care and according to the instructions of the Bishop.
 

 

Can. 134  In the Baptismal Record should be inserted a notice regarding Confirmation and Marriage or Admission to Holy Orders or Solemn Profession. When issuing Baptismal Certificates, these facts should always be mentioned on the Certificates. Duplicates of all certificates shall be sent to the Chancery Office Immediately upon entering in the Parish Records.


Can. 135 The Pastor should have a parochial seal and a safe place for the above mentioned books and documents where he should also keep the parish files for reference at some future time or in case of his decease.



 
 

CONCERNING RELIGIOUS


Can. 136 All Religious, whether Regular or Confraternities are directly under the Jurisdiction of the Archbishop and are exempt from all particular law which may in the future be promulgated by any Ordinary or other prelate having local jurisdiction.
 

 

Can. 137 Religious are subject to the Common Law of the Church in the same sense as other clerics and are bound to observe all prescripts placed upon them by the Archbishop.


Can. 138 Religious Orders of Communities of Tertiaries erected or formed by the separate Bishops or Orders shall hereinafter submit to the Synod, the Constitution and rule of the Order, together with complete details of financial endowment. Regulars will be exempted from this Canon in view of that condition wherein they shall observe the traditional rule of the concerned Order.


Can. 139 In the case of Religious Orders, Oratories or Communities, the permission of the Archbishop is required for their establishment and ought not to be granted unless there is sufficient assurance that the concerned Community is reasonably endowed with the requisite experience and support and there is a definite need for the Community.
 

 

Can. 140 Religious Institutions shall not be considered of a permanent nature, but allowed to continue under a provisional indult until such time as the good works of the Institute show cause for permanency by stability, conformity to Canon Law and the Rule of the Order or Congregation.


Can. 141 Lay Religious shall be considered at Tertiaries only and shall be subject to the Archbishop and the VISITOR appointed over them.
 

 

Can. 142 Chaplains appointed for Religious Congregations of Laity shall be subject to the Archbishop and not to the Superior of the Congregation. In the matter of Regulars, the priests of the Order shall serve in this capacity in the Daily Conventual Masses. They may utilize the practice of using a hebdomadary depending upon the common practice in force.


Can. 143  Religious may be secularized only upon petition to the Archbishop and for good cause to be determined by him. They resume the status of secular priests if the dispensation be granted and must find some Bishop willing to receive them.


Can. 144 Religious houses may be suppressed by action of the Synod if there be reason to believe that:

1.The continuation of the House would impair the Faith or

Discipline of the Church.

2.The Order or House is not abiding by the rule and the Canon Laws relating to the Order.

3.Practices contrary to the ideals of the Order are tolerated.

4.Scandal or opprobrium.


Can. 145 Religious of a suppressed Order or Institute are returned to the authority of the Synod and are to be distributed in the several parishes of the Church, if this be feasible, or they may be placed in another existing Order at the discretion of the Archbishop.


Can. 146 All Religious Superiors have domination power over their subjects. In a Clerical Exempt Institution, Superiors have ecclesiastical Jurisdiction as well.
 

 

Can. 147 Religious Superiors shall be at least thirty years of age and posses the necessary spiritual and moral requisites for the office.


Can. 148 All periods of Novitiate in all orders shall consist of at least one and preferably, two years, according to existing custom.


Can. 149 Every year, the Major Religious Superior shall send a comprehensive report to the Chancery Office, which report shall be the basis for the Canonical Visit by the designated Bishop.
 

 

Can. 150 Confessors of Religious shall be chosen by the Archbishop for each house or the custom of having an outside confessor may be tolerated and may not be refused by the superior upon reasonable request of the Superior.


Can. 151 All temporal goods shall be owned by the Community and shall constitute the assets of the individual Order. Parishes committed to the care of the Religious group shall be deemed Conventual Churches.

Can. 152 Religious are forbidden under penalties defined by this code to solicit, beg or otherwise acquire material possessions by such means without the express and explicit consent of the Archbishop. A special indult is required.


Can. 153 All religious houses so instituted shall keep accurate accounts of all funds except stole fees and shall conduct a yearly audit.


Can. 154 Provision is herewith made for the establishment of female institutions for the reception of nuns who shall likewise come under the direct jurisdiction of the Archbishop.


Can. 155 Pending future legislation, no Order of nuns shall be of the first order, but shall prove stability by means of the Tertiary Rule of the concerned Order.


Can. 156 It is forbidden to designate any woman as so-called ?Deaconesses? and by this Codex is recognized the only establishment as in Canon 155.


Can. 157 It is deemed prudent that Religious Orders of women shall, before their institution, prove to the judgment of the Synod that they are sufficiently endowed to subsist.


Can. 158 The senior nun shall be designated as the Reverend Mother Superior, The order of abbess, so-called is non existent and the Mother shall be appointed by Chapter vote.


Can. 159 Petition for admission to postulancy in either male or female Orders shall be by designated form addressed to the Archbishop, who shall approve it and forward it to the concerned superior.


Can. 160 Postulants shall serve as ?guests? for the period of three weeks to admission to the designated habit of postulant.
 

 

Can. 161 Following approval by the Archbishop upon petition form postulancy, Religious Superiors are competent to admit the petitioner of Novitiate when he or she deems it wise.


Can. 162 Impediments to admission are those who have not completed their eighteenth year; those who enter Religion under grave force or fear, or for ulterior motives; married persons, as long as the bond exists; those who are liable to punishment or who have been punished for a crime deemed sufficient to cause rejection.
 

 

Can. 163 The violation of an unjust law does not impede as in C. 162.


Can. 164 All applicants for admission shall submit their Baptism and confirmation papers, testamentary letters from five reliable persons and from their pastor together with a complete curriculum vitae and transcript of scholastic records from all colleges attended and high school and grammar schools attended.


Can. 165 Conditions of the novitiate shall follow the prescripts of the Codex Iuris Canonice of the Roman Catholic Church unless they be of the Oriental Rites.


Can. 166 The vows shall conform to the prescripts as set forth in the constitution of the concerned Order and shall be approved by the Archbishop.


Can. 167 Solemn Vows may only be taken before a bishop or priest appointed by the Archbishop and shall bind for life. Permission for solemn vows shall be granted but rarely.
 

 

Can. 168 Simple vows may be pronounced by the Novice before a designated Religious of that Order or any other Order. Seculars are forbidden to receive vows.



 
 

CONCERNING THE OBLIGATIONS AND PRIVILEGES OF CLERICS

Can. 169   All clerics are bound by the obligation to pursue the Sacred Sciences of Moral and Pastoral Theology, Canon Law, Liturgics and Sacred Scriptures for the period as designated by the Rector of the Seminary.


Can. 170 The preliminary studies of Philosophy and the profane sciences should precede the Major Seminary.


Can. 171 All Clerics and Religious shall recite some form of the Divine Office without exception every day, from the day of their incardination.


Can. 172 Religious in an Institute have the obligation to recite the Office in Choir and in all parishes where there are three priests or more, the Office shall customarily be recited in unison.


Can. 173 All correspondence of Religious shall be subject to the inspection of the Superior and all visitors shall have the approval of the Major Superior.


Can. 174 Exempt religious, both men and women, including Novices are exempt from the jurisdiction of the local ordinary. The local Ordinary may preach in the Churches of exempt religious and may make a canonical visitation if so designated by the Archbishop.


Can. 175 A Religious who is elevated to the prelacy retains his Religious privileges. He is released, however, from the authority of his superiors and remains subject to the Archbishop.


Can. 176 Religious may not transfer to another Order without an Indult.
 

 

Can. 177 Religious may be secularized by submission of a petition for such secularization to the Archbishop or Synod and its approval by rescript.


Can. 178 Apostates from the Religious Life are forever impeded from the reception of further orders of the exercise of those already received.


Can. 179 Religious may be dismissed by action of the Major Superior with the concurrence of the Archbishop and Synod. The Religious is entitled to an ecclesiastical trial.


Can. 180 -- The preceding Canon shall not be deemed to include those dismissed because of ill health or general unsuitability to the Religious Life.



 
 

CONCERNING THE SACRAMENT OF HOLY ORDERS

Can. 181 A Baptized man only can receive the Sacrament of Holy Orders. For the licit reception of the Sacrament, the candidate must have the qualifications as deemed necessary by the Ordinary, be of the highest moral and spiritual character and be not addicted to frivolous nature.


Can. 182 All candidates for Holy Orders shall have the approval of the Synod of Bishops of the Church.


Can. 183 All candidates must reside in the Seminary for the courses in Theology, Canon Law and Liturgics and the Sacred Scriptures, unless he be a Religious.


Can. 184 First Tonsure and Minor Orders shall be given only to those who intend to ascend to the Priesthood and who, in the judgment of the concerned authority, posses the necessary qualifications.


Can. 185 The Canonical intervals shall be observed and no Bishop may dispense from them without the written permission of the Archbishop.


Can. 186  In Order that a candidate may be licitly ordained, he must:

1.Have been Baptized and Confirmed.

2.Possess good moral character and reputation.

3.Be of the canonical age.

4.Possess the requisite knowledge.

5.Received the prior orders.

6.Have observed the proper intervals between orders.

7.Posses an absolute canonical title or benefice if it is a

question of major orders.


Can. 187 The Subdiaconate shall not be conferred before the 21st year, the Diaconate before the completed 22nd, and the Priesthood before the 24th year.

Can. 188 The Orders must be given in proper succession and the omission of any is forbidden.


Can. 189 The following are irregular ex defectu: Bodily defectives, epileptics, insane and possessed, persons notorious or infamous, those previously as candidates who apostatized. The impediment is perpetual, unless dispensed by authority of the Archbishop or Synod of Bishops.


Can. 190 Every candidate, before he is ordained must pass an examination for the Order to be conferred. The Ordinary is the examiner, or he may designate the Synodical Examiners.


Can. 191  All candidates for Orders shall make a retreat for a period of no less than three days as designated by the Ordinary or Religious Superior.


Can. 192 In conferring Holy Orders, all the prescriptions of the Pontificale Romanum must be meticulously observed. If the use of a vernacular language is authorized by the Archbishop in individual cases, it must be an exact and full translation from the Latin Pontificale. No other rite for the conferring of Holy Orders shall be tolerated.


Can. 193 There is to be no addition or subtraction with the exception of oaths to the Roman Pontiff.


Can. 194 The Mass of Ordination must be said by the Bishop ordaining or consecrating. To this there can be no exception.
 

 

Can. 195 All those ordained are obliged to receive Holy Communion during the Mass of their Ordination.


Can. 196 All Ordinations and Consecrations shall be performed on the days prescribed by ecclesiastical custom.


Can. 197 Whenever an Ordination is to be repeated for defect, or subconditionally, it may be done outside the regular times and in secret.


Can. 198 Authentic certification of the Orders shall be given the Ordinands by the Ordinary and adequate record made in the archives of the Church.


Can. 199 There will not, in the future and for all times, be any Ordination or Consecrations of any person not intending to exercise those orders in the Old Roman Catholic Church i.e.; Old Catholic Church of America. Violation of this canon is punishable by excommunication of both the Ordaining Prelate and the Ordinand.


Can. 200 Any orders received sub rosa from any schismatic are illicit and irregular and may not be exercised within this church. The defect is perpetual.


Can. 201 Any person ordaining or consecrating without the approval of the Archbishop is ipso facto excommunicated and forever impeded from ever exercising his orders.



 
 

CONCERNING THE SACRAMENT OF BAPTISM

Can. 202   The Sacrament of Baptism is conferred following the Eastern and Western Rites according to the customary matter and form. Any person may baptize in danger of death.


Can. 203 Baptism by Protestants is considered defective and should be administered subconditionally.


Can. 204 The ordinary minister of Baptism is the priest. The extra-ordinary minister are deacons or the laity. Deacons may baptize solemnly however, with permission of their superiors.



 
 

CONCERNING THE SACRAMENT OF CONFIRMATION

Can. 205 The Bishops are the ordinary ministers of Confirmation. Priests may be delegated to perform the Sacrament in case of grace necessity.


Can. 206 The Sacrament should be administered yearly, or at least every two years in all parishes and missions. The pastors should attend to the catechetical instruction of the candidates and have them prepared in due times.


Can. 207 The Sacrament should be administered prior to the nuptial ceremonies if the partners have not received it before that time.


Can. 208 Certification shall be made of all Confirmations and proper entry made in the archives of the Chancery and parish.



 
 

CONCERNING THE SACRAMENT OF HOLY EUCHARIST

Can. 209 The Sacrament of Holy Eucharist shall be given at the age of reason following adequate preparation. Pastors will attend to the instruction or it may be delegated to lay catechists with prior approval.


Can. 210 The practice of admitting all to open communion is a corruption of the apostolic practice and is not to be tolerated. The most ancient tradition prevented the catechumens from communicating and his persisted until they were admitted to the Body of the Catholic Church. Tertullian, in his writings informs the Roman Emperor of this custom. Violation of this canon is punishable and culpable.


Can. 211 The Sacrament of the Eucharist should be refused to notorious sinners until they repent, the immodestly dressed or those possessing sentences of interdict or suspension or excommunication.


Can. 212 Children should receive adequate instruction through their pastor or designated Cathechists in Catechism prior to the reception of the Sacrament.


Can. 213 The Holy Eucharist should be received frequently in accordance with the most ancient of traditions for the spiritual wealth and grace it affords.


Can. 214 The Sacrament of the Eucharist shall be administered in the manner of the Rite utilized, the laudable practice of giving the Species under both forms will be used. The reception of Communion by either Oriental Rite or Roman Rite laity in an opposite Rite is allowed and encouraged wherever necessary.


PART THREE


Can. 215 In the event of the Demise of the Archbishop and his Coadjutor concurrently, all Church property real or otherwise, all Church books and records will be administered by the Legal Chancellor of Record of the Archdiocese until he fulfills the requirements of Canon 216. The Chancellor of Record will retain his administrative authority until a new Archbishop-Primate has been elected, consecrated and installed.


Can. 216 The Chancellor of Record of the Archdiocese where conditions exist as stated in Canon 215, shall convene a special Synod of the Bishops, Priests and Superiors of male religious orders of the Archdiocese within 30 days of the occasion of conditions in Canon 215. The purpose of the special Synod shall be only that to elect from among the ordained according to the requisites of Canon 75.


Can. 217 Those clergy and Prelates found not in compliance with the requirements of Canons 215 and 216 will be suspended ipso facto.


Can. 218 Canons dealing with the election of the Archbishop-Primate as stated in Canons 215 and 216 and 217 are of a permanent and irrevocable nature and no future Synod or Archbishop-Primate may suspend or change them.
 

 

We, the undersigned members of the Synod of Bishops, hereby approved the above Canons, as amended or corrected, and direct that they be immediately enforced in the Church.

November 1, 1997

+James Edward Bostwick, Archbishop - Metropolitan
+Sherman R. Mosley, Vicar General