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CANON LAW NOTES
Introduction
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The first ever court was ecclesiastical
Canon law is the law of the church – its disciplines, rules, processes and structure
The code was published in 1983 and has 1752 rules

The history of canon law
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Divided into numerous periods:
Post apostolic and early church (1-4th century)
o There was a small collection of rules relating to the life of the church
o Not issued by any formal authority but only compiled customs that were written
down and widely accepted
o Involved things like the way sacraments were celebrated, how leaders were elected
and how sinners were reconciled
o This process expanded into “ecumenical councils” to represent everyone
The church of the empire (4-8th century)
o Church started being recognised by the roman emperor (Constantine) and gradually
became the established religion
o Church respected imperial authority and policies, and the state honoured the
church’s authority in matters of faith
o Church became strongly influenced by roman law
o It became socially and politically advantageous to be Christian
o Therefore, the bishop of Rome became very important and other bishops started
referring questions to him, and any answers were treated as authoritative
o The Bishop of Rome then became known as the pope, with his letters having
legislative power
The church and feudalism (8-12th century)
o Northern European influence
o System of laws was customary and depended on oral traditions entwined in life
o Some aspects of feudal law affected the life of the church, such as vassalage
(promise of service for protection, fealty, benefice (income for the performance of a
specific task), and the use of oaths in judicial proceedings
The classical period of canon law (12-14th century)
o Canons were organised and rationalised
o Time of critical development and influence
o Unparalleled collection of canons, systematic new study of the field and reinforcing
the relationship with the pope
o Papal decrees were a source of canons along with four ecumenical councils
o Roman law had a profound effect again and was recognised as a supplementary
source when there were no canons to govern the matter
Decline and reform (14-18 centuries)
The church in the modern world (18-19 centuries)
o Church no longer had as much power and wealth

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o Canon law had become formalistic and repetitive
The second Vatican council – the codification of canon law (20 century)
o Hugely high number of extant laws had appeared which weren’t systematically
arranged and only listed in chronological order
o Some documents weren’t laws at all, and some were contradictory
o Pius tried to start collecting the laws clearly, and adapt them to modern times
o Made the first code of canon law in 1917 which took effect a year later
o It very quickly became out of date though, and too many rules were altered outside
of it again
The revised code and the struggle for church renewal (20-21 centuries)
o Pope John XXIII started the process of updating the code
o The second Vatican council was the most successful one
o New code was just as limited in not providing any means for revisions or adaptation

Sources for the making of canons
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The sacred scriptures
Natural law – structures and values considered to be the very essence of things
Custom and long-standing practices
Councils and their decisions
Fathers and authors of the church
Popes and their letters and responses
Civil law that has been accepted by the church

Distinctions within the church
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Universal: governing everything and everyone relating to the church
Particular: applying only to a determined group or area (e
...
a diocese)
Proper law: constitutions of the church and its norms
Special law: governs a particular process such as the election of the pope
External forum: the arena of the church’s public governance
Internal forum: the arena of conscience and one’s personal relationship with god

The code of canon law – principles of revision
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Pope John XXIII created the commission for the revision of the code
Pope Paul VI set the commission to work
One of their first actions was to establish a list of principles for the revision of the code
1
...
External and internal forums should be coordinated and not in conflict with one another
3
...
Both legislation and its application should be
characterised by charity, moderation, humanity, and equity as well as justice
4
...
Principle of subsidiarity is to be more effectively applied
...
The rights of the persons are to be defined and safeguarded, since all Christian faithful
are fundamentally equal and their duties so diverse
7
...
The administration of
justice must be improved and the various functions of church authority (legislative,
administrative and judicial) are to be clearly distinguished
8
...
Penalties are sometimes necessary, but should only be imposed in the external forum
and after judgement, and should be reduced to a minimum
10
...
General norms
o Define the terms, persons, instruments and powers that are employed in the
rest of the code and outside of it
o Very basic concepts and ideas
2
...
The teaching function
o Various persons responsible for preaching, missionary action and catholic
schools are all set out
o Mostly new book, drawing directly from the documents of the Vatican second
council
o Prerogative of the church of having in itself the self-made right to establish
schools (use nativum)
4
...
Temporal goods of the church

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The shortest book
Rules for acquisition, disposition and administration of the church’s money,
land, buildings, and the rules for wills and bequests
6
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Procedures
o Talks about the juridical processes used for trials in church courts, as well as
some specialised administrative procedures (e
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nullity of marriage)
o Some criminal processes too

Scope of the code
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It only applies to the latin or western church, not the eastern or oriental churches (canon 1)
The canons of the code prevail over contrary customs unless the code provides for their
continuance
The code replaces the previous one, any universal or particular laws contrary to it, any penal
laws issued previously by the Apostolic See, and any disciplinary rules regarding a matter
which the code reorders

BOOK 1: GENERAL NORMS
Book 1 part 1 – ecclesiastical laws
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Canon 7: a law is established when it is promulgated
Canon 8: laws are promulgated by an official document (called an “acta apostolicae sedis”)
and take effect only 3 months after the official promulgation
This applies to the universal laws of the church
Canon 9: laws regard only the future, unless it expressly provides for the past
o Principle of non-retroactivity
Canon 20: a later law abrogates an earlier law if it states to expressly
Canon 18: laws establishing penalties/restricting free exercise of rights/divert from normal
law are subject to strict interpretation
o E
...
can’t take similar crimes and place them all under an umbrella term, has to be
the strict actual crime stated under that law
Canon 16: the supreme legislator has the right to interpret the law, and it also states the
important idea that there is room for interpretation according to previous case-law of
sentencing
o Similar to common law system
o Holy see has a pontifical council for interpretation of law, which has a chief cardinal,
and are asked questions when there is doubt about a law
o They can also ask scholars for an interpretation
o More like an advice council than a fixed thing
Canon 22: civil law can be adopted by the church and used to the same effect, but not so
they end up being contrary to divine law (limited use/interpretation)

Book 1 – persons
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Official meanings of terms
Canon law recognises 2 types of person: physical persons (individual human beings) and
juridic persons (legally established aggregates or persons or things)
Canon 96: by baptism you are incorporated into the church
Canon 97:
o A person who is over 18 is a major and ones under 18 are minors
o A minor under 7 is an infant and is not responsible for itself
o A minor aged 7-18 is considered to have use of reason (and so can ask for things like
a baptism even against parent’s wishes)
For criminal purposes, someone under 16 doesn’t have responsibility and is subject to
juvenile sentencing

Book 1 – juridic persons
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Subject to obligations and rights, juridic persons are aggregates of persons or things which
are ordered towards a purpose in keeping with the church’s mission
They are established by law or by the action of church authority
Canon 113:
o The catholic church has the character of a moral person by divine law

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In church, besides physical persons, there are also juridic persons subject to rights
and allowed to make judicial decisions (e
...
Holy See)
Juridic people only can own/govern schools, diocese etc
...
Rights and duties proper to the lay state; the laity’s unique witness in the world
o They are to work to have god’s message of salvation known and accepted by all
persons
o Canon 225: give witness to Christ and strive to imbue the temporal order with the
spirit of the gospel
o Canon 227: in exercising that freedom they are to be guided by the gospels and the
church’s teachings
o Canon 226: parents have both the right and obligation to educate their children, and
they are to see to their Christian education in particular, so not just school education
but morals and values – a grave obligation with the interests of the child at heart
2
...
Rights and duties related to the knowledge and teaching of Christian doctrine
o Canon 229: right to pursue college and university levels of theological and related
studies and to receive a mandate to teach those sciences
- These obligations and rights of the laity have provided the basis for much of the expanded
participation of laypersons in the worship, witness, governance and ministries of the church

Book 2 part 1 – Sacred ministers or clerics
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Comprises of three types – deacons, presbyters and bishops
Distinguished canonically from laypersons and even lay ministers (in rights and duties), but
practically and legally there is no difference between them; they have the same rights and
value
The purpose of the ministry is to serve, and ordination means inscription into one of the
serving classes
o Supposed to emulate the life of Jesus more
Canonical tradition means that a minister can never be unattached and must always be
connected to a particular church or religious institute
Clerics refer to those who have the Lord for their inheritance, and it is a juridical category in
canon law which carries with it certain prerogatives and obligations
Sacramental ordination has 3 canonical effects and the person is simultaneously inducted
into:
o The order of diaconate, presbyterate or episcopate
o The diocese or religious community
o The clerical state
Formation of clerics and incardination:
o Canon 265: they must be incardinated into a particular church (diocese)
o Deacons and presbyters may transfer their affiliation from one jurisdiction to
another but must never be unattached
o They must study at a religious school/university for 5 years to become a minister,
studying things like theology or master of divinity
o Then have to live in a college and be accepted and ordained as a priest, then deacon
o This is effectively the method of becoming accountable to the church
Obligations and rights of clerics
o Prominent is the idea of obedience to church authority and personal exemplarity of
life (e
...
carrying out actions for the greater good of the diocese)
o Canon 273-274: obey the legitimate directions of the pope and their bishop or
superior, and fulfil assignments given to them
o They are held to special lengths of dedication
o Canon 276: engaging in mental prayer, by spiritual retreats and by frequent
confession
o Canon 277: observing incontinence and celibacy to be more like Christ with an
undivided heart – so not marrying and not having any sexual activity

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Canon 282: cultivate simplicity of life and avoid any appearance of luxury
Canon 275: cooperate with one another and acknowledge and promote the mission
of laypersons in the church
o Canon 279: must continue their education to deepen their understanding
o Canon 283: maintain residence in the diocese or place of assignment
o Canon 284: wear appropriate ecclesiastical attire
o Canon 287: foster peace and harmony based on justice
o Canon 281: right to a decent remuneration
Loss of clerical state – being deprived of all ecclesiastical offices and functions, losing all
obligations and rights except celibacy, and reverting to status of a juridical layperson
o This can happen in 3 ways: an official declaration that their ordination was invalid; a
dismissal imposed as a penalty for a serious canonical crime e
...
certain sexual
offences; and administrative action of the Holy See granted at the request of the
cleric himself or his superior
o The canons do not provide for resignation

Book 2 part 1 – Associations of the faithful
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These resemble religious communities in some way
They are completely voluntary and mainly law organisations
Their members do not take vows of poverty, chastity or obedience, and do not live in
common, but are simply members of the church who have chosen to band together for
some religious purpose
The canons call for some statements of purpose, rules for membership, governance
structures, etc
...
g
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Primacy:
o Canon 333: he has authority over every single particular church that makes up the
universal church
o His authority doesn’t nullify or replace the local bishop, but complements it
o Primacy gives the pope the power to intervene in the life of the local church when
exceptional circumstances make it necessary
o He is the highest authority and the “court of last resort”, so there is no appeal from
his decision, and he is subject to no one’s judgement (i
...
he is subject to no judge in
canon law, but can be judged in normal law, and is only a subject of international
law as the head of a state)
Prerogatives:
o Canon 749: he possessed infallible teaching authority
o Canon 1442: the supreme judge in the catholic world but can delegate his power
o Canon 1273: he supreme administrator of all the church’s temporal goods
o Canon 362: Has the right to send legates to particular churches or nations
o Receives the obedience of all clerics and religious
o Controls ecumenical councils
o Appoints or confirms all bishops
o Receives a report on the state of each diocese every 5 years
The pope is viewed as the universal bishop
He obtains his office in 2 ways: his ordination as a bishop and his acceptance of his election
by the college of cardinals
He serves customarily for life, but can resign

Conclave
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When a pope dies, there is a state of “sede vacante”
All cardinals under the age of 80 when this period starts have to take part

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The secretary has to communicate to all cardinals that the pope is dead, and send official
documents to sign
Once everyone accepts the invitation, the state of sede vacante starts
During this period all offices except the secretary of state stop functioning
Cardinals arrive in Rome and go to the Sistine Chapel to be locked in for conclave, and can
vote a maximum of 4 times a day
The election usually has “preferiti” but technically it could be anyone
A majority vote has to be an absolute majority, and they cannot discuss the election with
anyone else
The voting papers are put in a fire with a powder, with black smoke signalling no consensus
and white smoke signalling a new pope having been chosen
Then the chosen cardinal has to actually accept the position of papacy

The College of Bishops
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The subject of supreme and full power in the universal church
The college constitutes the highest teaching authority of the church, with the duty of
proclaiming the gospel with respect to the universal church
Acts as a body of people most effectively when it forms an ecumenical council

The Synod of Bishops
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Synod means a coming together, or a meeting
It is a representative gathering of the bishops of the world, in contrast to the total
membership of the college of bishops which convenes at an ecumenical council
The members are elected by the national conference of bishops all over the world
General sessions have been held in Rome roughly every 3 years, and have treated topics
such as the family, religious life, and ministerial priesthood
o Only this general session can actually create legislation
Special sessions have been held to consider the needs of particular regions of the world,
such as Europe or Africa
o These cannot create legislation unless the code requires it
Neither of the sessions are obligatory
There are 3 purposes to the synod of bishops:
o To foster close ties between the bishops and the pope
o To advise the pope on matters of faith, morals and church discipline
o To consider the activities of the church in the world
o Canon 342
Synods take various forms (general or special) and so the particular members differ too

The College of Cardinals
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This is the group of bishops that elects the pope
The title of cardinal is largely honorific even though it is considered the highest dignity in the
church after the papal office
There are usually around 120 cardinals, and only those under 80 may vote in papal elections

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More than 120 cardinals cannot vote
Pope has to take care when nominating cardinals to make sure this number stays
roughly the same
Canon 351: cardinals are freely chosen by the pope
Those chosen are usually archbishops of major archdioceses throughout the world or
prominent members of the Roman Curia

The Roman Curia
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This is the collective name for the complex of secretariats, congregations, tribunals, councils
and offices that assist the pope in the exercise of his pastoral office of service to the
churches that make up the roman catholic communion
The curia today is the large administrative apparatus which carries out the ordinary business
of the church’s central office
Its agencies are headed by cardinals and staffed by hundreds of people, mostly consisting of
priests and bishops
There are nine congregations (committee that heads each office) each with responsibility for
an area of the church’s life – e
...
doctrine, worship and sacraments, clergy, etc
...

Only the pope can establish a diocese, and in doing so it becomes a juridic person subject to
rights and obligations
Bishops are the chief pastoral leaders of the diocese, and are successors of the apostles by
divine institution
Canon 378: a candidate for the office of bishop should be:
o A good Christian with virtue, talent, faith, morals, wisdom and a good reputation
o A priest for a least 5 years and be over 35
o Have a degree in scripture, theology or canon law (or well qualified in the area)
Bishops are called “diocesan” when they have a diocese attached to them, and all others are
called “titular” and is mostly symbolic
There are 4 steps to becomes a bishop:
o Selection or designation
o Conferral of the office
o Episcopal ordination or consecration
o The formal taking possession of the office

Diocesan bishops
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He has all the ordinary, proper and immediate power that is needed for pastoral office, and
the only things he doesn’t have power over are reserved for higher office
His major responsibilities are a pastor, teacher, sanctifier and ruler
Pastor:
o Has to care about everyone in his territory, regardless of Catholicism
Teacher:
o He is to propose and explain the truths of the faith
o He must preach frequently
Sanctifier:
o He is to promote the holiness of the Christian faithful
o Be an example to them in charity, humility and simplicity of life
o Preside over mass and the Eucharist frequently
Ruler:
o He possesses legislative, executive and judicial power with which to govern the
diocese (no separation of powers)
o He cannot delegate his law-making power, but can act through vicars for executive
and judicial matters
o Responsible for the funds, lands, buildings and the properties of the juridic persons
subject to his authority (e
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parishes)
He also has 3 more duties of being present and residing in his diocese and being actively
involved; visiting the parishes and institutions of his diocese; and reporting to the pope
every 5 years

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Has to resign if he can’t fulfil his duties or if he reaches 75 years of age

Auxiliary bishops
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3 types of this bishop used to assist and partially replace the diocesan bishop:
o Auxiliary bishops are designed to help the diocesan bishop when pastoral needs call
for it
o Auxiliary bishops with special faculties are imposed in response to some difficulty or
deficiency in the diocese or the diocesan bishop (e
...
financial crisis, ill health)
o Coadjutor bishops are auxiliary ones with special faculties whose appointment gives
them the right to succeed the diocesan bishop when he dies, retires or becomes
incapacitated
o Governed by Canon 403
All auxiliary bishops have canonical authority, and there are hundreds of them worldwide

Impeded or vacant sees
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Canons make special provision for supplying leadership when the diocesan bishop is
completely prevented from fulfilling his pastoral duties and when the see becomes vacant
In case of impediment, the coadjutor bishop (if there is one) assumed governance
A diocese is considered vacant when the bishop dies, resigns, is transferred or deprived of
his office
o In this case an administrator of the diocese is designated until a new bishop is
appointed and takes possession

Conferences of bishops
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National conferences of bishops are the modern deliberative assemblies of the bishops of
individual countries
Both diocesan and auxiliary bishops gather to jointly exercise certain pastoral functions on
behalf of the faithful of the nation
The conferences are permanent institutions (not just annual meetings) with officers, an
executive council and staff
They are quite new, stemming from the Vatican second council
Their juridical rule-making authority is limited, as they can only make regulations that are
binding on the churches of their nation only in specifically designated matters, and those
regulations are subject to review by the Holy See

Consultative bodies
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Concept of consultation implies more than passively hearing the opinions of persons or
groups one is required to consult
Based on the conviction that there is genuine wisdom in the community and it must be
learned by the leader
Diocesan synod:
o Largest and most broadly representative of the consultative bodies

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Group of priests and other faithful that offer assistance to the diocesan bishop for
the good of the community
Presbyterian council:
o Consultative group of priests, as a sort of senate to the bishop and representative of
the entire presbyterium
o The bishop is obliged to consult this council on matters of importance and on certain
specific decisions
College of consultors:
o Small group of priests appointed by the diocesan bishop from among members of
the presbyterian council for a narrow range of specific responsibilities
o They have a key role when the diocese is impeded or vacant
o Has 6-12 members who serve for a 5-year term
Pastoral council:
o Most representative of the permanent councils since it is composed of laypersons as
well as religious and clergy
o Purpose is to advise the bishop about pastoral tasks, investigate, weight and suggest
courses of action regarding them
o Should be chosen or elected so the people are fairly represented and they serve for
a designated period of time (normally 5 years)
Finance council:
o Assisting with the financial management of the diocese
o Members are laypersons or clerics who are skilled in finance and civil law, and who
have outstanding integrity, and they serve for 5 years
o They have specific duties, including preparation of the annual budget of the diocese
and approval of the end of year financial report

Offices of the diocesan curia
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The curia consists of those institutions and persons who assist the bishop in governance of
the entire diocese, especially by directing pastoral activity, caring for the administration, and
exercising judicial authority
It should include those who have diocesan leadership roles and who should be talking to
each other e
...
directors of divisions or offices
The bishop appoints all of these officials and can also remove them
The Vicar General:
o One who acts in place of another or with another’s authority, so in this case he acts
in the place of the diocesan bishop with his authority
o He has the same executive authority, but not legislative or judicial
o He must be a priest, as least 30, learned in canon law or theology, and have sound
doctrine, integrity etc
...
g
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e
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g
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Canon 665: also held to a duty of residence in observance of their commitment to
community life
Canon 668: what they acquire by their personal work accrues to their community
They are to obey their superiors, accept the tasks assigned to them, etc
...
g
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e
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They teach the truths of the faith to those who seem ready to accept the gospel message, so
that they can be baptised if they so wish
Those who show a willingness to embrace the Christian faith are to be enrolled in the
catechumenate

Catholic education
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Parents have the duty and right to educate their children, including the right and obligation
to choose the most suitable means for the catholic education of their offspring
Canon 793: the state should assist by providing for this religious formation
The church has the duty and right to educate people because of its divinely given mission to
help them attain the fullness of their Christian lives
o Fundamental right and one of the pillars of Catholicism

Schools
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Primary and secondary schools, both catholic and not, are the subject here, and parents are
again in the forefront
Parents should send their children to schools where catholic education is provided if they
can
Canon 798: if they are unable to do so they must still provide for their children’s catholic
education
Canon 797: they should be free to select the school they prefer and not be penalised by the
state for exercising that freedom of choice
o E
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being forced to choose a private expensive school or being discriminated against
Canon 800: the church has the right to found and run schools of whatever kind, and the
faithful should support them according to their abilities
Church authorities can exercise control over schools in several ways:
o Canon 803: schools cannot use the title ‘catholic’ without permission
o Canon 804: religious instruction in any school is subject to the authority and
vigilance of the bishop
o Canon 805: the bishop has the right to appoint and dismiss religious teachers
o Canon 806: the bishop can regulate all catholic schools in the diocese

Catholic universities and colleges
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Canon 807: the church claims the right to found and operate institutions of higher learning
o Includes the right to erect and direct them
o Church is independent from the state – it is not a concession from the civil
authorities and doesn’t need permission from them

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o This is a native right given to the church by the church itself
Canon 811: bishops are to provide for the establishment of faculties or chairs of theology in
catholic universities
o Obviously also still find all the other civil faculties e
...
law and medicine
The code recognises that these institutes of higher learning have their own legitimate
autonomy and are not simply extensions of the church
The school authorities make appointments of instructors in these schools in accord with
their own statutes
However, there is a concern that the teachers have to have integrity of doctrine and probity
of life as well as academic competence
Canon 810/812: bishops are to be vigilant that the principles of catholic doctrine are
observed in colleges and universities, and those who teach theological disciplines should
have a mandate from him

Ecclesiastical universities and faculties
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Canon 815: the church sponsors a few schools of its own, mainly for the pursuit of
theological disciplines
They can be established only by approval from the Holy See
Only these schools can grant academic degrees with canonical effects, i
...
degrees required
for certain church offices (priest)

Publication of books
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Canons impose on church leaders a duty of general vigilance over publications to preserve
the integrity of faith and morals of the faithful
They have a pontifical council for media e
...
Pope has a twitter and they have their own
newspaper
Bishops can ask that catholics submit their writings on faith and morals to their judgement,
and they can criticise writings they deem harmful
Church exercises greater control over certain publications more closely related to its own
teachings:
o Books of sacred scriptures
o Liturgical and prayer books
o Textbooks on the theological disciplines for use in schools

Profession of faith and oath of fidelity
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Canons require a public profession of faith on the occasion of the assumption of certain
offices or duties
o Have to accept the church and the hierarchy and structure of it
Those required to make the profession of faith are:
o Participants in councils or synods
o Cardinals
o Bishops and diocesan administrators
o Vicar generals, episcopal and judicial
o Pastors

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o Catholic university rectors and teachers of theology
An obligation to take an oath of fidelity (a sworn promise to maintain communion and to
fulfil the duties of the office being assumed) was added for vicars downwards

THE GRAVISSIMUM EDUCATIONIS 1965

Catholic education and universities
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“educating today and tomorrow”
The Alexandrian school was the origin of catholic universities in the 2 nd century
The most important period was the middle ages
o Here only important people went to university
o Most universities at this point started as catholic
The US has the highest number of catholic universities for 1 country
Italy have one in Milan and LUMSA
The oldest catholic university in Europe is in Leuven in Belgium and is also the biggest
The Code distinguishes between catholic and ecclesiastical universities
o Ecclesiastical ones are an educational institution within catholic unis
o Catholic ones deal with both theological matters and civil ones

Gravissimum Educationis
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Talks about higher education
Reaffirms church self-given right to found these institutes
Catholic universities have to cooperate with civil universities (e
...
Erasmus at LUMSA)
Talks about specialisations of catholic universities
Speaks about the progress of science and that catholic unis have to follow science but whilst
still following the church

Ex Corde Ecclesiae 1990
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Made by John Paul II who expressly wished it to be made
Known as the apostolic constitution about catholic universities
It translates as “in the heart of the church”
The mission of a catholic university cannot be understood outside of the service to a very
high value (university as a community)
o Community of knowledge
o Have to take care about subjects of social sciences
o Interdisciplinary and integrated studies are important because university should be a
place to learn but also a place to prepare for the future

BOOK 4 – THE SANCTIFYING FUNCTION OF THE CHURCH

Introduction
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To sanctify means to make holy
The church’s work of sanctification is focused on public acts of worship of god, the sacred
liturgy, and certain other devotional and penitential practices
This book is the second largest, and is concerned with the regulation of the church’s divine
worship
o It contains all of the sacraments, including marriage
Most of the church’s liturgical rules are not found in the code, but in it ritual books, which
set the norms within a rich, intelligible context of theology and pastoral practice
All the faithful are deputed for worship in virtue of their baptism
Bishops lead the sanctifying function, and are the promoters and moderators of the liturgical
life of the churches entrusted to them

Book 4 Part 1 – The Sacraments
General rules of sacraments
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Canons tend to focus on the essentials, on those things minimally necessary for sacramental
administration, and on the requirements for validity and lawfulness (liceity)
o Have to look to the ritual books for what is normal/desirable in sacramental worship
o They govern the celebration of sacraments itself, and no one is to change them
Sacraments are the actions of Christ and the church, which express and strengthen faith,
worship god, and effect the sanctification of humankind
The college of bishops and the pope determine what is required for validity
Baptism is the gate to all other sacraments, since if you haven’t been baptised you cannot
celebrate any of the others
Canon 842: the sacraments of baptism, confirmation and the Eucharist are closely
interrelated and should be received in that sequence
Canon 213: the faithful have the right to the sacraments, and ministers cannot refuse them
to anyone who asks for them at appropriate times
Baptism, confirmation and orders cannot be repeated
Canon 844: sacraments may only be administered to catholics, and may only be received
from catholic ministers, but there are 5 exceptions:
o In necessity anyone can baptise someone
o Catholics who don’t have access to their own ministers may receive penance and
Eucharist from non-Catholic ministers in churches where the sacraments are valid
(e
...
orthodox)
o Catholic ministers may administer sacraments to eastern Christians
o In danger of death or grave necessity, catholic ministers may administer the
sacraments to those who are not in full communion but have faith in them
o Sacrament of marriage may be administered in the case of a mixed marriage with
permission

Book 4 Part 1 – Baptism
-

-

-

Baptism causes men and women to be freed from sin and reborn as children of god
It is the gateway into the church and the rest of the sacraments, as it incorporates you into
the church and the beginning of catholic life
Canon 849: baptism is conferred by a washing with water accompanied by the required form
of words – the Trinitarian formula
Those to be baptised:
o Every person not yet baptised is able to be baptised
o Adults must be willing, sufficiently instructed, and proven in the Christian life
through the catechumenate
o Infants are to be baptised within the first weeks after birth
o The parents must consent to the infant’s baptism, and there must be founded hope
that the infant will be brought up in the catholic religion, otherwise baptism should
be deferred
Sponsors:
o The baptised is given a sponsor (godparent) to present the person for baptism
o Canon 872: after that they are to help the baptised to faithfully lead a Christian life
Records:
o The pastor of the place of baptism must without delay record it in the baptismal
book
o This is the person’s primary sacramental record in the church

Book 4 Part 1 – Confirmation
-

-

-

Canon 879: confirmation is the continuation on the path of Christian initiation, enriching the
baptised with the gift of the holy spirit and bonding them more perfectly to the church
Canon 880: confirmation is conferred by anointing the person on the forehead with
consecrated oil with the hand and saying the prescribed words
Minister:
o The bishop is the ordinary minister, but presbyters who have the faculty in virtue of
the canons or by special concession of the bishop can also confirm
o The canons give this faculty to presbyters who are equivalent to bishops (apostolic
administrators), those who baptise or receive an adult into the church, and those
who confirm someone in danger of death
Those to be confirmed:
o All baptised people who haven’t yet been confirmed can be confirmed
o They must be suitably instructed, properly disposed, and able to renew their
baptismal promises
o The faithful are obliged to receive confirmation
o It is to be conferred at roughly the age of discretion (7 years old) though it generally
happens at the beginning of the teenage years
Sponsors:
o There should be a sponsor for the confirmed one, who is to see that the confirmed
person behaves as a true witness of Christ

Book 4 Part 1 – the Eucharist
-

-

-

In the Eucharist Christ himself is contained, offered and received
It is the summit and source of all Christian worship and life
It signifies and brings about the unity of god’s people; it builds up the body of Christ; it is the
memorial of the death and resurrection of the lord
Canon 898: the faithful are to hold the Eucharist in highest honour, actively participating in it
celebration, receiving it frequently and devoutly, and worshiping it
It exists in 3 forms or modes:
o A liturgical celebration – the sacrifice of the mass
o Food and drink, holy communion as the body and blood of Christ, received as bread
and wine
o The reserved species, an object of veneration
Minister:
o This may solely be an ordained priest
Participation:
o Any baptised person who is not prohibited by canon law can and must be admitted
to holy communion – it is a fundamental right of the faithful
o Children should have adequate knowledge and careful preparation to be admitted
It must be reserved in a holy place before an altar

Book 4 part 1 – penance
-

-

The faithful confess their sins to the church’s minister, express their sorrow for them, and
state their intention to reform
The obtain forgiveness from god for their sins through the absolution of the minister, and
are thereby reconciled with the church
The canons focus on one type, namely private confession – the reconciliation of individual
penitents
Minister:
o Only a priest is the minister of the sacrament of penance
o He must have, in addition to the power received through ordination, the faculty to
exercise that power over the penitent (received from the church authority)
When someone is in danger of death, any presbyter can validly and licitly absolve that
person, whether they have the faculty to or not
This sacrament involves a special level of confidentiality; a seal which is inviolable
Penitents are obliged to confess their serious sins at least once a year

Book 4 part 1 – anointing of the sick
-

The church commends to the suffering and glorified lord to faithful who are seriously ill, so
that he might alleviate their suffering and save them
It was formerly known as “last anointing”, and was reserved for people at the point of death
The second Vatican council restored the sacrament to its earlier purpose, namely prayer,
support, and healing for those who are seriously ill
Ministers:
o Only a priest can anoint people and should carry oil just in case of necessity

-

Those to be anointed:
o Those of the faithful who, after attaining use of reason, begin to be in danger due to
sickness or old age
o Sickness may be physical or psychological

Book 4 Part 1 – orders
-

-

-

-

-

-

-

Faithful are made sacred ministers by means of the sacrament of orders
They are consecrated and deputed to nourish the people of god by performing the functions
of teaching, sanctifying and governing
The 3 orders are episcopacy, presbyterate, and diaconate
They are conferred by the imposition of hands of the ordaining bishop and the consecratory
prayers prescribed in the liturgical books
o Priests can become bishops but it is not a forced rite of passage
Ministers:
o The minister of ordination is a consecrated bishop
o The ordaining bishop must have a mandate from the pope in order to consecrate
another bishop
Candidates:
o Canon 1024: only baptised males are valid, and they must have been confirmed
o They must be judged useful for the ministry of the church
There are 2 kinds of disqualification or impediment for orders
o Permanent ones are called irregularities
o Temporary ones are called impediments
Irregularities:
o Those who are insane or suffer a serious psychic defect
o Heretics
o Those who have attempted marriage when already bound by marriage since you can
marry and then become a priest, just not marry once you’re a priest
o People who have committed murder or abortion
o People who have mutilated themselves or attempted suicide
o Those who performed an act of orders while lacking the order or had been
prohibited from performing it
Impediments:
o Those who are married
o Those who hold offices forbidden to clerics
o Those who are new in the catholic faith
The faithful are obliged to reveal information regarding someone having an impediment
before they are ordained
They need to do 5 years of study in a theological area, and one-year practical

Book 4 Part 1 – Marriage
-

Canon 1055: a marriage contract cannot exist between baptised people without it also being
a sacrament
o The partnership of the whole of their lives by means of a matrimonial covenant

o

-

-

-

-

-

Ordered to the good of the spouses and to the procreation and education of
children
o Between baptised people to the dignity of a sacrament
o The word covenant is important as it emphasises the importance of marriage and reestablishes the ancient view of Christianity (marriage is also a contract too)
Canon 1056: the essential properties of marriage are unity and indissolubility
It is made by the consent of the two parties, and be expressed between two people who are
capable of giving it
o Refers back to canon 219 saying that all Christian faithful have the right to freely
choose their own way of life
Canon 1057: consent is defined as the act of the will by which a man and a woman, in an
irrevocable covenant, give and receive each other in order to make a marriage
o So sharing their lives and accepting each other for who they are
A life partnership by free, mutual consent
Canon 1058: all people not prohibited by law can be married
Civil authority has competence over the civil effects of marriage, such as changing names
Valid marriages are only called “ratified” until the partners have had sex, after which it
becomes “consummated” and cannot be dissolved by any human power or for any reason
except for death
Couples are urged to be confirmed before marriage
It must first be established that nothing stands in the way of a valid marriage and its licit
celebration, and this is the pastor’s responsibility
Diriment impediments (canons 1083-1094) render a person incapable of contracting
marriage validly and the code lists 12 of them:
o Age – a man under 16 or a woman under 14
o Impotence – inability to have sex as a permanent condition existing before the
marriage, so if you lie about this it isn’t valid
o Prior bond – still bound by an existing valid marriage
o Disparity of cult – one partner is baptised catholic and the other isn’t baptised,
though this can be dispensed in certain circumstances
o Orders – people who have been ordained
o Vows of chastity
o Abduction – a man abducting a woman in order to marry her can’t marry her validly,
until she has been freed and willingly agrees to marry him
o Coniugicide – one who causes the death of one’s own spouse or that of another, or
conspires with someone to kill one of their spouses in order to marry
o Consanguinity – blood relatives in the line of direct descendants or the collateral line
(brother, aunts, etc
...
g
...
g
...

o When the reason for separation ceases to exist then they should live together again
o There are special circumstances where the marriage bond is dissolved too
Annulment:
o Separations often harden into divorces
o Either of the parties to the marriage may seek from the church a clarification of their
marital status
o They ask the judge to declare their marriage invalid according to canon law,
resulting in a declaration of nullity (usually so they can remarry)
o Can happen if they discover sufficient proof the marriage was invalid to start with
The 4 types of marriage:

o

o
o
o

Matrimonial “concordatario” – marrying religiously and having the civil law in there
too, so you also read 3 articles of the civil code, then the priest has to go to the city
hall too for civil registration
Religious marriage – only one, but cannot be legally recognised anymore on its own
since 1990
Civil marriage – legally recognised, just doesn’t recognise any kind of religion
Marriage with another type of confession – involves any religion other than catholic
church added to civil marriage, and is called “culti ammessi”

Book 4 Part 3 – sacred places and times
-

-

-

-

-

-

Canon 1205: sacred places are those that have been designated for divine worship or burial
by a liturgical dedication or blessing
They include churches, oratories, and cemeteries
Only those activities or events that serve the exercise or promotion or worship and religion
are permitted in sacred places
Churches:
o They are sacred buildings, intended for divine worship, and can be public or private
o The permission of the diocesan bishop is required in order to build a church, and he
doesn’t grant that permission unless it would genuinely serve the needs of the
people and that there will be adequate means to build and maintain it
o E
...
there are tons of churches in Rome but it is needed because it’s the centre of
Christianity
o Canon 1221: the faithful are to have free access to churches (public or private) at the
time of sacred celebrations and there must not be any entrance fee
Oratories:
o Oratories are places set aside for a particular community or group of the faithful, like
a religious community or those who are connected to a school or hospital, to engage
in divine worship
Shrines:
o These are churches or other sacred places to which the faithful make pilgrimages
o Canon 1230
Altars:
o The tables on which the Eucharistic sacrifice is celebrated
o Every church should have a fixed altar, exclusively for divine worship
Cemeteries:
o The church is to have its own cemeteries for the burial of the faithful departed, or
space reserved for that purpose in civil cemeteries
o Both are to be blessed
Sacred times are those holy days or days of penance determined by the church
Canon 1244: only the pope can establish or change these days for the universal church
Sunday is the primary holy day of obligation in the universal church when mass should be
celebrated, and there are other days like Christmas, Epiphany and days of various saints
All members of the faithful are bound to do penance, and the days for this are all the Fridays
of the year and the season of Lent

BOOK 5 – TEMPORAL GOODS OF THE CHURCH

Introduction
-

-

-

-

This is a short book comprised of only 60 canons
A lot of it is taken from civil law and canonised, so they are mostly new
o Therefore, if the church wants to buy/rent a building, they have to respect the civil
code and follow that
Temporal goods, in contrast to spiritual goods, are those that have economic value,
including real estate, personal property, money, securities, etc
...
g
...

Ultimately though, the principle source of goods is the free-will offerings of its members
Canon 1259-60: the church claims the innate right to require from the faithful the means to
achieve its ends
The members of the church have the right and obligation to assist the church with its
legitimate necessities
The diocesan bishop can levy a moderate tax on all of the public juridic persons of the
diocese, but can only impose it after consulting the finance council and presbyterate council
Canon 1263: he also has the authority to levy an extraordinary tax on individuals as well as
on all juridic persons, but only in the event of a grave necessity
Canon 1267: offerings given by people for a specific purpose may only be used for that
purpose, as a fundamental canonical principle
o Anything given up to the value of $2 million is okay, but anything above that amount
needs permission from the conference of bishops
The Holy See receives a major portion of its financial support from the offerings that the
bishops send each year to the pope from their dioceses
This support, which is based on the unity and charity that bond the churches together, is a
powerful sign of the communion of the churches

Administration
-

-

-

-

-

Canon 1273: the pope is called the supreme administrator of all ecclesiastical goods
He issues guidelines for other administrators of church property, and can justify his
intervention in an administrative emergency
Next in the line of administrative supervision is the ordinary (the diocesan bishop or major
religious superior), who can issue instructions about the administration of church property,
such as spending limits
The one who governs the juridic person to whom the goods belong has the responsibility for
their administration e
...
religious superior
o That person is the administrator, but there is to be a finance council or at least two
advisors to help him or her with the administration of property
The diocesan bishop has a financial council and a financial officer to assist him in
administration of the goods of the diocese
Canon 1277: to place acts of “extraordinary administration” (e
...
involving large amounts of
money or major obligations), he must obtain the consent of the finance council and the
college of consultors
All administrators of church property are to act as faithful stewards of what is entrusted to
them
They are to make inventories of the goods under their care, see that they are insured,
comply with relevant civil laws, collect revenues, pay interest, etc
...
g
...
g
...
g
...
g
...
g
...
g
...

Some people may suffer a partial impairment of their freedom or awareness and for them
punishment should be reduced, e
...
those under 18 or with imperfect use of reason
None of these people incur any automatic penalties e
...
that for abortion
Application of penalties:
o Canon 1341: the ordinary (e
...
bishop) is the one who initiates penal procedures, but
only when all other pastoral means have failed to repair scandal, restore justice and
reform the accused
o Make a preliminary investigation and makes a decision about taking punitive action
and chooses whether to proceed judicially or administratively
o The accused must be given the opportunity to be heard
For the duration of the penal process the accused person may be removed from ministries,
functions or offices in order to prevent scandal and protect the freedom of witnesses
If the person is truly sorry for their offence and seriously promises to make amends, then
they cannot be censured
There are very few penalties that can take effect ipso facto, i
...
automatically by the
performance of the prohibited act, but they include:
o Abortion
o A cleric or religious in permanent vows attempting marriage
These are very rarely incurred because of the prevalence of mitigating circumstances (canon
1323):
o People under 16
o People who without negligence were unaware that they violated the law
o People who acted due to physical force or an unforeseeable chance occurrence
o People coerced by grave fear
o People acting in self-defence
o People lacking the use of reason
Penalties are suspended in 5 situations:
o While they are under appeal
o While the guilty person is in danger of death
o When a censured person must care for someone in danger of death
o While an automatic offence isn’t publicly known yet and cannot be revealed without
causing scandal
o When someone requests a sacrament or pastoral assistance from a censured person
If penalties are imposed for a specific time, they are lifted after that time, and all other
penalties cease by the lifting or cancelling of the penalty by church authority
A censure cannot be remitted unless the person has repented for the offence

Forms of canonical punishment
-

Penal remedies:

o

-

-

Admonish or rebuke someone who is either behaving in a disorderly or scandalous
manner, is very close to committing an offence, or is suspected of having already
committed one
Penances:
o Imposing some work of religion or charity on an offender e
...
a retreat or fast
Expiatory penalties:
o This means to make satisfaction for or atone for
o It is intended to repair the harm done to the community and to deter others from
similar offences, such as deprivation of offices, powers, faculties, or rights or a
prohibition from exercising them
o They can be imposed for a time, for an indefinite period, or permanently
Medicinal penalties or censures:
o They are intended to heal or cure the offender
o They are excommunication, interdict, and suspension
o Excommunication means partial exclusion, implying an impaired participation, e
...

being forbidden to celebrate or receive the sacraments
o Interdict has the same sacramental restriction, but not that on governing functions
o Suspension forbids either some or all acts of the power of orders, of the power of
governance, and applies only to ordained ministers
o A censure must be lifted when the offender repents and is willing to repair the harm

Book 6 Part 1 – penalties for individual delicts
-

-

-

-

-

These are penalties for specific offences
They are divided into 6 categories
Offences against religion and the unity of the church
o This includes apostates, heretics, blasphemers, and those who profane the Eucharist
or stir up hatred against religion of the church
o Canons 1365-69
Offences against the church authorities and the freedom of the church
o Includes using physical force against the pope, bishops, clerics, or religious, teaching
doctrines condemned by the church, and stirring hostilities against church
authorities
o Canons 1370-77
Usurpation of ecclesiastical functions and offences in their exercise
o Penalties against those who are not ordained but who attempt to give absolution or
mass, usurpers of ecclesiastical office, and priests who in confession solicit penitents
for sexual sins
o Canons 1378-89
The crime of falsehood
o Includes someone who injures the good reputation of another, or falsifies a public
church document
o Canons 1390-91
Offences against particular obligations
o Includes clerics who attempt marriage or live in concubinage or sexually abuse
minors, as well as those who fail to live in residence
o Canons 1392-96

-

-

Offences against human life and freedom
o Includes murder, kidnapping, mutilation, assault, and abortion
o Canons 1397-98
Especially serious violations may be punished when there is an urgent need to prevent or
repair scandal



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