The Code of Canon Law {Annotated) 1993

{Wilson & Lafleur Limitee, Montreal)

EXH.008.025.0001

350 Book II. The People of God

who succeeds to the see decrees that it be continued or declares it terminated.

Caput II

sam continuari decreverit autean. dem extinctam declaraverit.

De curia dicecesana

Can. 469 -The diocesan curia is com­posed of those institutes and persons who assist the Bishop in governing the entire diocese, especially in directing pastoral action, in providing for the ad­ministration of the diocese, and in exer­cising juditial power.

Can. 470 - The appointment of those who fulfil an office in the diocesan curia belongs to the diocesan Bishop.

Chapter II-The Diocesan Curia

Can. 469 - _Curia dicecesana con. stat illis institutis et personis, qu~ Episcopo operam prrestant in regi­mine universre dicecesis, prreser­tim in actione pastorali dirigenda, in administratione dicecesis curan. da, necnon in potestate iudiciali exercenda.

Can. 470 - Nominatio eorum, qui offlcia in curia dicecesana exercent, spectat ad Episcopum dicecesanum.

The diocesan curia is the principal instrument at the disposal of the bishop for the governance of the diocese (cf. CD 27). It has a responsibility of permanent vigilance and guaranteeing of the discipline and praxis of governance and administration in the local Church, independently of who the incumbents of offices are and of the development of particular institutions (cf. Dir. Ecclesice imago 200). In the strict sense, the diocesan curia is composed of the organs and persons listed in this chapter of the CIC/83. In a broad sense, the concept may be ex tented to cover other diocesan bodies that help the bishop in governing the diocese. The offices of the diocesan tribunal belong to the curia. Canons 469-472 apply to these, but not the following canons of the chapter. These offices are governed by the prescriptions contained in book VII, "Processes'', to which c. 472 refers. The intention of the introductory canons of this chapter (cc. 469-474) is to harmonize the work of the members of the diocesan curia (cf. Comm 5 [1973) 225-226). The number of persons in the curia is kept to a minimum, so that the direct or immediate pastoral care of the faithful might not be neglected (cf. Dir. Ecclesice imago 200).

469 - The curia is composed of those persons and organisms which are dete1mined by universal law or by each bishop in his diocese in accordance with universal law,. who collaborate regularly and directly in the pastoral office of the bishop (cf. Dir. Ecclesia! imago 200). Its work is not restricted exclusively to administrative and bureaucratic tasks. At the level of administration and ·governance, it is not possible to separate the juridical and the pastoral elements. Every administrative activity in the Church has an apostolic content which must receive some juridical framework at the governing level, so that the acts of governance might be objective as well as subjective rights safeguarded. For this reason the expression "regimine universre direcesis" inc. 469 covers the widest type of activities - the organization of pastoral activities, the management of the diocese, and the exercise of judicial power - without considering them as completely separable activities.

470- It falls to the diocesan bishop to appoint by free confen-al (cf. c. 157) the persons who must discharge the different offices in his curia. The C/C/17 was not as clear in the canons on the curia, though othernorms of that Code led to the same conclusion (cf. c. 152oftheC/C/

EXH.008.025.0002

Title III. The Internal Ordering of Particular Churches 351

can. 471-0mnes qui ad officia in curia admittuntur debent: lo promissionem emittere de mu­nere fideliter adimplendo, secun­dum rationem iure vel ab Episcopo determinatam; zo secretum servare intra fines et second um mo<lum iure autab Epis-copo determinatos. ·

can. 472 - Circa causas atque personas qure in curia ad exerci­tium potestatis iudicialis pertinent, serventur prrescripta Libri VII De processibus; de iis autem qure ad administrationem dicecesis spec­tant, serventur prrescripta cano­num qui sequuntur.

Can. 473 - § 1. Episcopus dicece­sanus curare debet ut omnia nego­tia qure ad universre dicecesis ad­ministrationem pertinent, debite coordinentur et ad bonum portio­nis populi Dci sibi commissre ap­tius procurandum ordinentur.

§ 2. lpsius Episcopi dicecesani est coordinare actionem pastoralem Vicariorum sive generalium sive episcopalium; ubi id expediat, no­minari potest Moderator curire, qui sacerdos sit oportet, cuius est sub Episcopi auctoritate ea coordinare quread negotiaadministrativa trac­tanda attinent, itemque curare ut ceteri curire addicti officium sibi commissum rite adimpleant.

Can. 471- All who are admitted to an office in the curia must: 1° promise to fulfil their office faith­fully, as determined by law or by the Bishop;

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

Can. 472-The provisions of Book VII on 'Processes' are to be observed con­ce111ing eases and persons involved in the exercise of judicial power in the curia. The following canons are to be observed in what concerns the adminis­tration of the diocese.

Can. 473 - § 1. The diocesan Bishop must ensure that everything concerning the administration of the whole diocese is properly coordinated and is directed in the way that will best achieve the good of that portion of the people of God en­trusted to his care.

§ 2. The diocesan Bishop has the re­sponsibility of coordinating the pastoral action of the Vicars general and episco­pal Vicars. Where it is useful, he may appoint a Moderator of the curia, who must be a priest. Under the Bishop's

. authority, the Moderator is to coordinate activities concerning administrative matters and to ensure that the others who belong to the curia properly fulfil the offices entrusted to them.

17). The intention of both Codes is to enhance the power of the diocesan bishop. This power is later reinforced by the canons which deal expressly with the possible removal from these offices. As c. 156 indicates, the appointments shall be made in writing.

In this way, any direct intervention by the different diocesan organs in the conferral of the offices of the curia is excluded, especially the possibility of designation by the diocesan synod or the council of priests. This modifies the criterion suggested by the Dir. Ecclesia imago 165 and 200. In any case, if the bishop considers it necessary to call upon them, the role of these bodies is strictly an advisory one.

473-474 - The objective of these canons, which have no precedent in the C/C/17, is the material coordination of the administrative work of the curia by the diocesan bishop, who is responsible for imprinting his own character and giving some flexibility to his work (cf. Dir.

EXH.008.025.0003

352 Book II. The People of God

§ 3. Unless in the Bishop's judgement local conditions suggest otherwise, the Vicar general is to be appointed Modera­tor of the curia or, if there are several Vicars general, one of them.

1• § 4. Where the Bishop judges it useful

for the better promotion of pastoral ac­tion, he can establish an episcopal coun­cil, comprising the Vicars general and episcopal Vicars.

Can. 474 - Acts of the curia which of their nature are designed to have a juridi­cal effect must, as a requirement for validity, be signed by the Ordinary from whom they emanate. They must also be signed by the chancellor of the curia or a notary. The chancellor is bound to no­tify the Moderator of the curia about these acts.

§ 3. Nisi locorum adiuncta iudicio Episcopi aliud suadeant, Modera­tor curire nominetur Vicariu~ ge­neralis aut, si plures sint, unus ex Vicariis generalibus.

§ 4. Ubi id expedire iudicaverit, Episcopus, ad actionem pastora­lem aptius fovendam, constituere potest consilium episcopate, con­stans scilicet Vicariis generalibus et Vicariis episcopalibus.

Can. 47 4 - Acta cur ire qure eff ec­tum iuridicum habere nata sunt, subscribi debent ab Ordinario a quo emanant, et quidem ad validi­tatem, ac simul a curire cancellario vel notario; cancellarius vero Mo­deratorem curire de actis certio­rem facere tenetur.

Ecclesice imago 200). Technically, the principle of coordination is applied to the relationship between the different branches of administration; as a means of obtaining unified action. These canons, therefore, suppose that the functions of the bishop have been decehtralized and that a clear distinction of competencies among the ciifferent offices of the curia has taken place.

The text makes a distinction between the work of governing and the strictly adminis­trative or bureaucratic activity. Where the former is concerned, it is incumbent on the bishop to coordinate the governing action of the vicars, who hold the functions proper to the bishop. For this purpose, the bishop may create an episcopal council to unify the activity of the vicars and of the different sections of the curia. The coordinating nature of this council must be considered as indicated in§ 2, which ultimately grants the governing function to the bishop.

As regards the administrative activity, the canon indicates the convenience of appoint­ing a moderator or administrative head of the curia who, under the authority of the bishop, will foster, coordinate, and be acquainted with all the activities (cf. Comm 5 [1973] 225-226). This moderator shall undertake the internal management of the curia, as well as labour relations and relations with those who use the curia's services.

The principle of the double signature established inc. 474 is also intended to provide coordination. The signature of the bishop, or of another with ordinary power in the matter (cf. c. 479), is required to give juridical validity to the acts issued by the curia. In any case, there are circumstances in which the juridical validity of certain acts will not require the signature of an Ordinary (cf. c. 134): the acts of a notary, for example, have the effect of authenticat~ng them (cf. c. 483, § 1) and those of the financial administrator (cf. c. 494) possess binding juridical force. The phrase "et quidem ad validitatem" has been inserted where it is now in order to avoid the erroneous interpretation whereby the signature of the chancellor is thought to be necessary for the validity of these activities, when it is only intended to give greater formal guarantee of authenticity to the acts of the curia. It is an element of internal coordination of the work, not a prerequisite for canonical validity (cf. Comm 5 (1973] 226).

EXH.008.025.0004

Title III. The Intern.al Ordering of Particular Churches 353

Art. 1 De Vicariis generalibus et episcopalibus

Can. 475 - § 1. In unaquaque dicecesi constituendus est ab Epi­scopo direcesano Vicarius genera­lis, qui potestate ordinaria ad nor­mam canonum qui sequuntur instructus,.ipsum in universre dire-

. cesis regimine adiuvet.

§ 2. Pro regula generali habeatur ut unus constituatur Vicarius ge­neralis, nisi direcesis amplitudo vel incoluum numerus aut a lire ratio­n es pastorales aliud suadeant.

Can. 476-Quoties rectum dicece­sis regimen id requirat, constitui etiam possunt ab Episcopo direce­sano unus vel plures Vicarii episco­pales, qui nempe aut in determina­ta dicecesis parte ant in certo negotiorum genere aut quoad flde­lcs determinati ritus vel certi per­sonarum cretus, eadem gaudent po­testate ordinaria, qure iure universali Vicario generali compe-

Can. 475 - § 1. In each diocese the diocesan Bishop is to appoint a Vicar general to assist him in the governance ( of the whole.diocese. The Vicar general has ordinary power, in accordance with the following canons .

§ 2. As a general rule, one Vicar general is to be appointed, unless the size of the dioces·e, the number of inhabitants, or other pastoral reasons suggest otherwise.

Can. 476-As often as the good gover­nance of the diocese requires it, the dioc­esan Bishop can also appoint one or more episcopal Vicars. These have the same ordinary power as the universal law gives to a Vicar general, in accor­dance with the following canons. The competence of an episcopal Vicar, how­ever, is limited to a determined part of the diocese, or to a specific type of activ-

Art. I - Vicars General and Episcopal Vicars

475-476 - These canons deal with the offices of vicar general and episcopal vicar. In accordance with the principle of the division of functions sanctioned by the 1967 Synod of Bishops (cf. Comm 2 [1969) 83), these offices may be established as aids of the bishop for the governance of diocesan affairs. The office of vicar general was already established in the C/C/17 (cc. 366-371). It has been modified in the new regulations only where it is necessary for making it compatible with the eventual episcopal vicars (cf. CD 27), with certain technical enhancements.

The Code appears to have changed the traditional idea of a vicar to a certain extent by· allowing hierarchical recourse to the diocesan bishop against the decisions of his vicars (cf. c. 1734, § 3, 1°) . In this sense, the concept of "vicarial" (cf. c. 131, § 2) has apparently adopted the technical form of a decentralization of the functions discharged by the bishop.

Those who occupy the offices of vicar general or episcopal vicar in the diocese have executive power- not legislative nor judicial- in their respective areas of competence (cf. c. 131 ). In both cases, it is a cleric especially appointed to exercise central executive functions with ordinary power. These functions are either of a general nature (vicar general) or are within a specifically restricted area of competence (episcopal vicar). In his respective field, the vicar exercises the episcopal power proper t6 the diocesan bishop, in its ordinary form, as something attached to the office of vicar, not as something proper to the person. He holds the office because he receives his power by way of the decentralization of the functions of the bishop (cf. commentary on c. 131).

EXH.008.025.0005

354 · Book II. The People of God

ity, or to the faithful of a particular rite, or to certain groups of people.

Can. 477-§ 1. The Vicar general and the episcopal Vicar are freely appointed by the diocesan Bishop, and can be freely removed by him, without prejudice to can. 406. An episcopal Vicar who is not an auxiliary Bishop, is to be appointed for a period of time, which is to be specified in the act of appointment.

§ 2. If the Vicar general is absent or lawfully impeded, the diocesan Bishop can appoint another to take his place. The same norms applies in the case of an episcopal vicar.

Can. 478-§ 1. The Vicar general and the episcopal Vicar are to be priests of

tit, ad normam canonum qui se­quuntur.

I

Can. 477 - § 1. Vicarius generalis et episcopalis libere ab Episcopo direcesano nominantur et ab ipso libere removeri possunt, firmo prrescripto can. 406; Vicarius epi­scopalis, qui non sit Episcopus auxi­liaris, nominetur tantum ad tern. pus, in ipso constitutionis actu determinandum.

§ 2. Vicario generali absente vel legitime impedito, Episcopus dire­cesanus alium nominare po test, qui eius vices suppleat; eadem norma applicator pro Vicario episcopali.

Can. 478 - § 1. Vicarius generalis et episcopalis sint sacerdotes an nos

These canons establish a difference between the offices of vicar general and episcopal vicar with respect to whether or not the existence of the office is mandatory. On this point, the canons modify considerably the criteria of ES I, 14 and, in particular, those of the Dir. Ecclesice imago 202. In the C/C/83, the office of vicar general is established as mandatory in the diocese. The exception stated in c. 475, § 2, does not refer to the possibility of substituting an episcopal vicar for this office, but rather to the convenience of establishing more than one vicar general when pastoral needs require it (cf. Comm 5 [1973] 226-227).

The office of episcopal vicar, on the other hand, is not mandatory in the CIC/83. Canon 476 Jeaves it to the discretion of the bishop to establish one or several episcopal vicars if the governance of the diocese requires this. His area of competence may be territoiial (for an area or region of the diocese), material (for undertaking certain tasks), or personal (for attending to specific groups of faithful). All of these tasks were covered in the C/C/17 by the appointment of more than one vicar general (cf. c. 366, § 3, of the C/C/17).

477 - The offices of vicar general and episcopal vicar are discharged ad nutum episcopi. Their nomination and appointment are carried out freely by the bishop. The only limitation is that indicated inc. 406, which is applied in the event of there being coadjutor or auxiliary bishops in the diocese, in which case they would have to be appointed. Likewise, the bishop may also proceed freely to remove those appointed, unless they are coadjutor or auxiliary bishops. The bish~p is not required to consult any advisory body of the diocese for any of these acts (cf. c. 4 70), since the vicars are vicars to the bishop. Although CD 11 indicates that the bishop governs the particular Church with the cooperation of the priests, this collabora­tion merely" entails assistance for the bishop. The bishop is not obliged to consult the priests on points of governance such as this one (cf. Comm 19 [1987] 125- 126).

Episcopal vicars who are not bishops possess a fixed term of office. In this respect they differ from vicars general, for whom this prescription does not apply.

478 - For the profession of faith and the oath of fidelity required of the vicar general and the episcopal vicar, cf. the commentary on c. 833.

\ ii

EXH.008.025.0006

Title III. The Internal Ordeting of Particular Churches 355

nati non minus triginta, in iure canonico aut theologia doctores vel licentiati vel saltem in iisdem disci­plinis vere periti, sana doctrina, probitate, prudentia ac rerum ge­rendarum experientia commen­dati.

§ 2. Vicarii generalis et episcopalis munus componi non potest cum munere canonici prenitentiarii, ne­que committi consanguineis Epi­scopi usque ad quartum gradum.

Can. 479- § L Vicario generali, Yi officii, in universa direcesi compe­tit potestas exsecutiva qure ad Epi­scopum direcesanum iure pertinet, ad ponendos scilicet omnes actus administrativos, iis tamen exceptis quos Episcopus sibi reservaverit vel qui ex iure requirant speciale Episcopi mandatum. ·

§ 2. Vicario episcopali ipso iure eadem competit potestas de qua in § 1, sed quoad determinatam terri­torii partem aut negotiorum genus aut fldeles determinati ritus vel cretus tantum pro quibus constitu­tus est, iis causis exceptis quas Epi-

not less than thirty years of age, with a doctorate or licentiate in canon law or theology, or at least well versed in these disciplines. They are to be known for their sound doctrine, integrity, prudence and practical experience.

§ 2: The office of Vicar general or epis­copal Vicar may not be united with the office of canon penitentiary, nor may the office be given to blood relations of the bishop up to the fourth degree.

Can." 479 - § 1. In virtue of his office, fi. the Vicar general has the same executive power throughout the whole diocese as that which belongs by law to the dioc­esan Bishop: that is, he can perform all administrative acts, with the exception however of those which the Bishop has reserved to himself, or which by law require a special_ mandate of the Bishop.

§ 2. By virtue of the law itself, the t\ episcopal Vicar has the same power as that mentioned in § 1, but only for the determined part of the territory or type of activity, or for the faithful of the deter­mined rite or group, for which he was appointed; matters which the Bishop re-

479-The difference which this canon establishes between the two institutions of vicars is marked, in the first place, by the universal character of the powers of the vicar general compared to those pertaini.qg to the episcopal vicar. The episcopal vicar is granted the same type of power as the vicar general - that is, ordinary power- but only for a specific territory, matter, or group of persons. The vicar general, on the other hand, possesses all the administrative powers of the bishop (including, in principle, the management of the curia; cf. c. 473, § 3), unless they are expressly reserved to the latter (cf. commentary on c. 134). The problem which arises here is whether the competence of the vicar general is cumulative with that of the episcopal vicars in the matters for which they have been established. From the point of view of good administration, it would appear that this is not advisable, in order to avoid the duplication of procedures. It makes more sense to have the episcopal vicar bear sole responsibility in matters of his competence, under the direct authority of the diocesan bishop. If there is cumulative competence, however, the figure of the vicar general established in the C/C/83 would be in danger of losing its content and significance. In any case, the interpretation of the canon is not complete} y clear andleaves the way open for different points of view. Precisely for this reason, it is essential that, for coordination purposes, the faculties of the different vicars should be carefully defined by particular law (cf. Dir. Ecclesite imago 202), if only in their respective letters of appointment.

EXH.008.025.0007

356 Book II. The People of God

serves to himself or to the Vicar general, or which by Jaw require a special man­date of the Bishop, are excepted.

§ 3. Within the limits or their compe­tence, the Vicar general and the episco­pal Vicar have also those habitual facul­ties which the Apostolic See has granted to the Bishop. They may also execute rescripts, unless it is expressly provided otherwise, or unless the execution was entrusted to the Bishop on a personal basis.

Can. 480-The Vicar general and epis­copal Vicar must give a report to the diocesan Bishop concerning more im­portant matters. both those yet to be attended to and those already dealt with. They are never to act against the will and mind of the diocesan Bishop.

Can. 481-§ 1. Thepowerofthe Vicar general or episcopal Vicar ceases when the period of their mandate expires, or by resignation. In addition, but without·' prejudice to cann. 406 and 409, it ceases when they are notified of their removal by the diocesan Bishop, or when the episcopal see falls vacant.

scopus sibi aut Vicario gcnerali re· servaverit, aut qure ex iurc requi­runt speciale Episcopi mandatum.

§ 3. Ad Vicarium generalem atque ad Vicarium episcopalem, intra ambit um eorum compctentire, per­tinent etiam f acultates habituates ab Apostolica Sede Episcopo con· cessre, necnon rescriptorum exse~ cutio, nisi aliud expresse cautum f uerit aut clecta fuerit industria personre Episcopi direcesani.

Can. 480 - Vicarius generalis et Vicarius episcopalis de prreci· puis ncgotiis et gerendis et gestis Episcopo direccsano ref erre de­bent, nee umquam contra volunta· tern et mcntem Episcopi direcesani agant.

Can. 481- § I. Exspirat potestas Vicarii generalis et Vicarii episco· palls explcto tern pore mandati, re­nuntiatione, itemque, salvis cann. 406 et 409, remotione eisdem ab Episcopo direcesano intimata, at­que sedis episcopalis vacatione.

While§§ 1 -2 deal exclusively with executive power,§ 3 refers to ministry as such and to delegated power (cf. c. 132). The M.P. Pastorale mwms of 30-11-1963 (MS 56 [1964] 5-12; CLD 6 [1963-1967] 370-378), following the criterion of c. 368, § 2, of the C/C/17. granted the vicar general the habitual faculties conferred by the Holy See on the bishop. ES I, 14, referred them exclusively to the episcopal vicar, but the C/C/83 understands that these powers should be extended to all the vicars, within their respective areas of competence (cf. Comm 19 [1987] 129).

480 - The natural dependence of the vicarial office means that it must be discharged according to I.he guidelines of the bishop, who may, at any time, take over the decisions and follow a specific subject matter personally. TI1c phrase "et gerendis et gestis" gives to understand that this dependence refers not only to the development or progress of the activities, but also ad incepta, that is, to the initial decisions concerning them. It is also more than a simple communication, since the vicars must always act in accordance with the mind and will of U1eir bishop (cf. Dir. Ecclesir.e imago 202).

481-Among other reasons given in the text, the power of the vicars necessarily ceases when the power of the person who appointed them expires. This is the canonical tradition taken from c. 371 of the CIC/ 17.

EXH.008.025.0008

Title Iir. The Internal Ordering of Particular Churches 357

§ 2. Suspcnso muncre Episcopi direcesani, suspenditur potestas Vi­carii generalis et Vicarii episcopa­lis, nisi episcopali dignitate aucti sint.

§ 2. When the office· of the diocesan Bishop is suspended, the power of the Vicar general and of the episcopal Vicar is suspended, unless they are themselves Bishops.

Art. 2 De cancel/ario aliisque notariis et de archivis

Can. 482 - § 1. In qualibet curia constituatur cancellarius, cuius prrecipuum munus, nisi aliter iure particuJari statuatur, est curare ut a eta curire redigantur et ex~dian­tur, atque eadem in curire archivo custodiantur.

§ 2. Si nccesse videatur, canceHario dari potest adiutor, cui nomen sit vkc-cancellarii.

§ 3. Cancenarius necnon vice-can­cellarius sunt co ipso notarii ct se­cretarii curire.

Can. 482 - § 1. In each curia a chan~ ceJior is to be appointed, whose princi­pal office, unless particular law states otherwise, is to ensure that the acts of the curia are drawn up and dispatched, and that they are kept safe in the archive of the curia.

§ 2. If it is considered necessary, the chancellor may be given an assistant, who is to be called the vice-chancellor.

§ 3. The chancellor and vice-chancellor are automatically notaries and secretar­ies of the curia.

This does not apply, however, to cases in which the office is held by a bishop, in accordance with ES I, 14, § 5, and withe. 409, § 2, which thus modify c. 371 of the C/C/17.

Art. 2 - The ChanceJlor, Other Notaries and the Archives

482-485 - These canons regulate the offices of chancellor and notary, analogically to the CIC/ 17. According to the C/C/83, the office of chancellor must be established in the curia, under the immediate authority of the moderator (cf. c. 473, § 2). Canon 372 of the CJC/17 required that the chancellor be a priest. This condition has not been expressly stated in the C/C/83, and the text of c. 483, § 2, implies rhat it is not necessary. [Indeed, quite a number of non-priests, men or woment lay or religious, are chancellors of North American dioceses. (Translators' note.)]

The function of the chancellor and of the vice-chancellor, should one be appointed, is essentially of an administrative nature. The chancellor is the secretary of the curia (cf. c. 482, § 3) and, as such, is responsible for issuing and publicizing the contents of documents, as the principal notary. In this sense, the chancellor acts as the direct auxiliary of the moderator of the curia for the good order of all administrative activity. Moreover, the chancellor is the official archivist or keeper of the documents of the curia.

Together with the office of chancellor, there may be established in the curia as many notaries as might be necessary (clerics or laypersons). Canon 483, § 1, indicates that their activity may be limited to judicial cases only, to some particular matter. or to all types of cases. However, their activity is no longerrestricted to a particular territory (as prescribed inc. 374, § 2 of the C/C/17), but may be exercised outside the diocese as welJ.

EXH.008.025.0009

358 Book II. The People of God

Can. 483 - § 1. Besides the chancel­lor, other notaries may be appointed, whose writing or signature authenticates public documents, whether in respect of all acts, or of judicial acts alone, or only of acts concerning a particular issue or business.

§ 2. The chancellor and notaries must be of unblemished reputation and above suspicion. In cases which could involve the reputation of a priest, the notary must be a priest.

Can. 484 - The office of notary in­volves: 1° writing acts and documents concern­ing decrees, arrangements, obligations, and other matters which require their intervention; 2° faithfully recording in writing what is done, and signing the document, with a note of the place, the day, the month and the year; 3° while observing all that must be ob­served, showing acts or documents from the archives to those who lawfully re­quest them, and verifying that copies conform to the original.

Can. 485-The chancellor and the other notaries can be freely removed by the diocesan Bishop. They can be removed by a diocesan Administrator only with the consent of the college of consul tors.

Can. 483 - § 1. Prreter cancella. rium, constitui possunt alii notarii, quorum quidem scriptura seu subs­criptio publicam fidem facit quod attinet sive ad qurelibet acta, sive ad acta iudicialia dumtaxat, sive ad acta certre causre aut negotii tantum. ·

§ 2. Cancellarius et notarii debent esse integrre famre et omni suspi­cione maiores; in causis quibus fama sacerdotis in discrimen voca­ri possit, notarius debet esse sacer­dos.

Can. 484 - Officium notariorum est: 1° conscribere acta et instrumenta circa decreta, dispositiones, obli­gationes vel alia qure eorum ope­ram requirunt; 2° in scriptis fideliter redigere qure geruntur, eaque cum significatio­ne loci, diei, mensis et anni subsi­gnare; 3° acta vel instrumenta legitime petenti ex regesto, servatis ser­vandis, exhibere et eorum exempla cum autographo conformia decla­rare.

Can. 485 - Cancellarius aliique notarii libere ab officio removeri possunt ab Episcopo direcesano, non autem ab Administratore dire­cesano, nisi de consensu collegii consultorum.

The offices of the chancellor and notary are discharged ad nutum episcopi. The diocesan bishop appoints them (c. 470) and assesses the suitability of each candidate (c. 483, § 2), although there is nothing to prevent the moderator of the curia, for example, from suggesting the appointment to the bishop. Likewise, the bishop freely removes them ( c. 485). [It must also be remembered that these offices are given different names in different places where, according to tradition, they may also have a different specific content. One need only think of the North American chancellors with their delegated power on a wide range of matters, including dispensations, which makes them, de facto, as important as and, fre­quently, more important than vicars general. (Translators' note.)]

EXH.008.025.0010

Title III. The· Internal Ordering of Particular Churches · , . 359

Can. 486-§ 1. Documenta omnia, qure direcesim vel parrecias respi­ciunt, maxima cura custodiri de­bent. § 2. In unaquaque curia erigatur, in loco tuto, archivum sen tabula­rium direcesanum, in quo instru­menta et scripturre qure ad negotia direcesana tum spiritualia tum tem­poralia spectant, certo ordine dis­posita et diligenter clausa custo­diantur.

§ 3. Documentorum, qure in archi­vo continentur, conficiatur inven­tarium seu catalogus, cum brevi singularum scripturarum synopsi.

Can. 487-§ 1. Archivum clausum sit oportet eiusque clavem habeant solum Episcopus et cancellarius; nemini licet illud ingredi nisi de Episcopi aut Moderatoris curire simul et cancellarii licentia.

§ 2. Ius est iis quorum interest, documentorum, qure natura sua sunt publica qureque ad statum sure personre pertinent, documentum authenticum scriptum vel photo­staticum per se vel per procurato­rem recipere.

Can. 488 - Ex archivo non licet efferre documenta, nisi ad breve tempus tantum atque de Episcopi

Can. 486 - § 1. All documents con­cerning the diocese or parishes must be kept with the greatest of care.

§ 2. In each curia there is to be estab­lished in a safe place a diocesan archive where documents and writings concern­ing both the spiritual and the temporal affairs of the diocese are to be properly filed and carefully kept under lock and key.

§ 3. An inventory or catalogue is to be made of documents kept in the archive, with a short synopsis of each document.

Can. 487 - § 1. The archive must be locked, and only the Bishop and the chancellor are to have the key; no one may be allowed to enter unless with the permission of the Bishop or of the Mod­erator of the curia and of the chancellor.

§ 2. Persons concerned have the right to ;receive, personally or by proxy, an au­thentic written or photos tat copy of docu­ments which are of their nature public and which concern their own personal status.

Can. 488 - It is not permitted to re­move documents from the archive, ex­cept for a short time and with the permis-

486-491-These canons regulate the constitution of the curial archives and access to these archives. The canons refer to three types of archives: 1) the general documents archives; concerning both spiritual and temporal affairs; 2) the secret archives, for cases which require this; 3) the historical archives. Apart from these, c. 491, § 1, also considers other archives at different levels: cathedral, parish, etc. (cf. Comm 5 [1973] 228). The norms, however, deal primarily with the two archives of the curia, the general and the secret, and indicate the mini~um general precautions that should be taken in each case, apart from any others that may be decided.on by the diocesan bishop.

The secret archives must be reviewed annually . The documents concerning persons who have died, or criminal trials after which ten years have elapsed, should be destroyed. In a declaration of 05-08-1941, the CPI/17-67 (AAS 33 "(1941] 378; CLD 2 [1933-1942] 132) pointed out that the obligation to keepa brief summary of the facts and the text of the final sentence affected only those cases concerning persons who are still alive but whose documents are destroyed after ten years.

EXH.008.025.0011

360 Book II. The People of God

sion of the Bishop or of both the Modera­tor of the curia and the chancellor.

Can. 489 - § 1. In the diocesan curia there is also to be a secret archive, or at least in the ordinary archive there is to be a safe or cabinet, which is securely closed and bolted and which cannot be removed. In this archive documents which are to be kept under secrecy are to be most carefully guarded.

§ 2. Each year documents of criminal cases concerning moral matters are to be destroyed whenever the guilty parties have died, or ten years have elapsed since a condemnatory sentence con­cluded the affair. A short summary of the facts is to be kept, together with the text of the definitive judgement.

Can. 490 - § 1. Only the Bishop is to have the key of the secret archive.

§ 2. When the see is vacant, the secret archive or safe is not to be opened except in a case of real necessity, and then by the diocesan Administrator personally.

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

Can. 491- § 1. The diocesan Bishop is to ensure that the acts and documents of the archives of cathedral, collegiate, parochial and other churches in his terri­tory are carefully kept and that two cop-

aut insimul Moderatoris curia! et cancellarii consensu.

Can. 489 - § 1. Sit in curia dicece. sana archivum quoque secretum aut saltem in communi archiv~ armarium seu scrinium, omnino clausum et obseratum, quod de loco amoveri nequeat, in quo scilicet documenta secreto servanda cau. tissime custodiantur.

§ 2. ·singulis annis destruantur documenta causarum criminalium in materia morum, quarum rci vita cesserunt aut qure a decennio scntentia condemnatoria abso. lutre sunt, retento facti brevi summario cum textu sententia! definitivre.

Can. 490 - § 1. Archivi secreti clavem habeat tantum_modo Epi­scopus.

§ 2. St!de vacantt!, archivum vet armarium secretum.ne aperiatur, nisi in casu verre necessitatis, ab ipso Administratore dicecesano.

§ 3. Ex archivo vel armario secreto documenta ne efferantur.

Can. 491 - § 1. Curet Episcopus direcesanus ut acta et documenta archivorum quoque ecclesiarum cathedralium, collegiatarum, parrecialium, aliarumque in suo

Canon 487, § 2, makes a distinction between those who have the right to inspect and request a copy of curia documents and those who have no such right. Only the latt~r need ask permission in order to have access to the documents, as indicated in § 1 of this canon.

Right of access is given only to those whose personal status is affected by the documents. Right' of access exists only in this case, for which no permission is required. However, this right does not exist if the document is not of a public nature, whether or not it is in the secret archives.

Canon 491 contains several norms for the diocesan bishop to help him supervise the good organization of the other archives in the diocese, particularly those of an historical nature. As regards this last point, the Circ. Letter Opera artis of the S. Congr. for the Clergy, 11-04-1971 (MS 63 [1971] 315-317; CLD 7 [1968-1972] 821-824), on the upkeep

. and custody of documents of historical value should be taken into account.

EXH.008.025.0012

Title III. The Internal Ordering of Particular Churches 361

territorio exstantium diligenter serventur, atque inventaria seu catalogi conficiantur du ob us exem­pJaribus, quorum alterum in pro­prio archivo, alterum in archivo direcesano serventur.

§ 2. Curet etiam Episcop~s direce­sanus ut in direcesi habeatur archi­vurn historicum atque documenta valorem hfstoricum habentia in eodem diligenter custodiantur et systematice ordinentur.

§ 3. Acta et documenta, de quibus in §§ 1 et 2, ut inspiciantur aut efferantur, serventur normre ab Episcopo direcesano statutre.

ies are made of inventories or catalogues. One of these copies is to remain in its own archive, the other is to be kept in the diocesan archive.

§ 2. The diocesan Bishop is to ensure that there is an historical archive in the diocese, and that documents which have an historical value are carefully kept in it and systematically filed.

§ 3. In order that the acts and documents mentioned in §§ 1 and 2 may be in­spected or removed, the norms laid down by the diocesan Bishop are to be ob­served.

Art. 3 De eonsilio a rebus ceconomicis et de ceconomo

Can. 492 - § 1. In singulis direce­sibus constituatur consilium a re­bus reconomicis, cui prresidet ipse Episcopus direcesanus eiusve dele­gatus, et quod constat tribus sal­tem christifidelibus, in re recono-

Can. 492 - § 1. In each diocese a finance committee is to be established, presided over by the diocesan Bishop or his delegate. It is to be composed of at least three of Christ's faithful, expert in financial affairs and civil law, of out-

Art. 3 - The Finance Committee and the Financial Administrator

In the C/C/83, the bodies entrusted with the management of temporal goods form a separate section of the curia and work independently. This article deals with the two central canonical institutions which compose this section: the diocesan finance council (the predecessor of which is to be found in c. 1520 of the C/C/17) and the office of financial administrator (cf. Comm 5 [1973] 228-229).

Vatican II began the reform of the economic foundations on which the C/C/17 was basing the patrimonial system of the diocese (cf. PO 17, 20-21; 20, 21; AA IO) . In consequence, it established a new system for financial administration (cf. book V). From the structural point of view, the bodies established by common law within the diocesan curia are considered predominantly to be of a technical nature, to be entrusted to the faithful-clerics, religious, or laypersons - according to their competence. The weight of the financial administration of the diocese now falls immediately on these bodies, relieving the diocesan bishop of that administration, while giving greater independence and professionalization to the patrimonial administration. This has immediate conse~nces in the secular legal system of each country, and ecclesiastical financial administrative bodies must follow these secular norms.

Canons 1282-1289 on the obligations of those who administer the patrimony of the Church are applicable to the financial administrator and the members of the finance council, according to the part they play in the administration of ecclesiastical goods.

EXH.008.025.0013