Title XXVIII: Of Administering Ecclesiastical Goods

The Roman Pontiff is the supreme administrator and dispenser of all ecclesiastical goods.

§ 1. It belongs to the local Ordinary carefully to watch over the administration of all ecclesiastical goods which are in his territory and have not been withdrawn from his jurisdiction, with legitimate prescriptions preserved which grant stronger rights to him.

§ 2. Having regard for rights, legitimate customs, and circumstances, Ordinaries, by opportune publication of particular instructions within the limits of common law, are to take care that the whole business of administering ecclesiastical goods is ordered.

§ 1. For this office to be rightly performed, every Ordinary in his episcopal city is to establish a Council, which consists of the president, who is the Ordinary himself, and two or more suitable men, expert also in civil law insofar as can be done, to be chosen by the Ordinary himself after the Chapter has been heard, unless provision has already legitimately been made by law or particular custom in another equivalent manner.

§ 2. Apart from an apostolic indult, those are excluded from the office of administrator who are joined with the local Ordinary in the first or second degree of consanguinity or affinity.

§ 3. The local Ordinary is not to omit hearing the Council of administration in administrative acts of greater moment; nevertheless the members of this Council have only a consultative vote, unless their consent is required by common law in specially expressed cases or from the documents of foundation.

§ 4. The members of this Council are to emit an oath before the Ordinary concerning fulfilling the office well and faithfully.

§ 1. Besides this diocesan Council of administration, the local Ordinary is to assume prudent, suitable men of good testimony into the administration of goods which pertain to some church or pious place and from law or the documents of foundation do not have their own administrator, to whom, after three years have elapsed, he is to substitute others, unless the circumstances of places suggest another thing.

§ 2. But if certain parts in the administration of ecclesiastical goods belong to lay persons either from a legitimate title of foundation or erection or from the will of the local Ordinary, nevertheless the whole administration is to be made in the name of the Church, and with the right of the Ordinary to visit, to require accounts, and to prescribe the manner of administration preserved.

Before administrators of ecclesiastical goods, of whom in can. 1521, enter upon their office:

1° They must guarantee by oath before the local Ordinary or vicar forane that they will administer well and faithfully.

2° An accurate and distinct inventory is to be made, to be signed by all, of immovable things, precious movable things, and other things, with description and valuation of the same; or an inventory made before is to be accepted, with the things which meanwhile have been lost or acquired noted.

3° One copy of this inventory is to be preserved in the records of the administration, the other in the archive of the Curia; and in each any change which the patrimony happens to undergo is to be noted.

Administrators of ecclesiastical goods are held to fulfill their office with the diligence of a good head of a family; and therefore they must:

1° Watch lest ecclesiastical goods entrusted to their care perish in any way or suffer detriment.

2° Observe the prescriptions of both canon and civil law, or those which have been imposed by the founder or donor or legitimate authority.

3° Accurately and at the just time demand the revenues and proceeds of goods, and keep those collected in a safe place and expend them according to the mind of the founder or the established laws or norms.

4° With the consent of the Ordinary, invest the money of the church which remains after expenses and can usefully be placed, for the advantage of the same church.

5° Have well-ordered books of receipts and expenses.

6° Properly arrange documents and instruments by which the rights of the church in goods are supported, and keep them in the archive of the church or in a suitable and apt chest; moreover, where this can conveniently be done, deposit authentic copies of them in the archive or chest of the Curia.

All, and especially clerics, religious, and administrators of ecclesiastical things, in the hiring of works must assign to workers a decent and just wage; take care that they have time for piety for a suitable space of time; in no way draw them away from domestic care and the practice of thrift, nor impose on them more work than their strength can bear, nor that kind which conflicts with age and sex.

§ 1. Contrary custom being reprobated, administrators, both ecclesiastical and lay, of any church, even cathedral, or of a pious place canonically erected, or of a confraternity, are held each year by the office of rendering an account of administration to the local Ordinary.

§ 2. But if by particular law the account must be rendered to others designated for this, then the local Ordinary also or his delegate is to be admitted with them, under this law, that releases made otherwise in no way benefit the administrators themselves.

Administrators are not to initiate or contest a lawsuit in the name of the church unless they have obtained permission given in writing by the local Ordinary, or at least, if the matter is urgent, by the vicar forane, who must immediately make the Ordinary certain concerning the permission granted.

§ 1. Unless they have first obtained from the local Ordinary a faculty to be given in writing, administrators invalidly place acts which exceed the limits and manner of ordinary administration.

§ 2. The Church is not held to answer for contracts entered into by administrators without the permission of the competent Superior, except when and insofar as it has turned to her advantage.

Although they are not held to administration by title of benefice or ecclesiastical office, administrators who by their own judgment lay down an office expressly or tacitly accepted so that damage comes to the church therefrom are held to restitution.