Article — 1917 Code of Canon Law
Article I: Of Free Conferral
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
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Can. 152.The local Ordinary has the right of providing for ecclesiastical offices in his own territory, unless something else is proved; nevertheless the Vicar General lacks this power without a special mandate.
Loci Ordinarius ius habet providendi officiis ecclesiasticis in proprio territorio, nisi aliud probetur; hac tamen potestate caret Vicarius Generalis sine mandato speciali.
1983 Code correlation: can. 157
Cited by 2 passages
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 153.§ 1. The one to be promoted to a vacant office must be a cleric endowed with those qualities which are required for the same office by common law, particular law, or the law of foundation.
§ 2. All things considered, the more suitable one is to be taken, without any acceptance of persons.
§ 3. When the one provided lacks the required qualities, the provision is null if this is provided by common or particular law or by the law of foundation; otherwise it is valid, but can be invalidated by a sentence of a legitimate Superior.
§ 1. Ad vacans officium promovendus debet esse clericus, iis qualitatibus praeditus, quae a iure communi vel, particulari aut a lege fundationis ad idem officium requiruntur.
§ 2. Assumatur, omnibus perpensis, magis idoneus sine ulla personarum acceptione.
§ 3. Cum provisus caret qualitatibus requisitis, provisio est nulla, si ita cautum sit iure communi vel particulari aut lege fundationis; secus est valida, sed per sententiam a legitimo Superiore irritari potest.
1983 Code correlation: can. 149
Cited by 5 passages
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation I. On the Precepts of the Decalogue, Appendix I. On Distributive Justice in Particular, n. 1048
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article I: On Ecclesiastical Offices (cc. 145-195), § 1. The Notion and Provision of an Office, n. 53
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article I: On Ecclesiastical Offices (cc. 145-195), § 1. The Notion and Provision of an Office, n. 57
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 154.Offices which carry with them the care of souls, whether in the external forum or in the internal forum, cannot be validly conferred upon clerics not yet initiated into the priesthood.
Officia quae curam animarum sive in foro externo sive in interno secumferunt, clericis nondum sacerdotio initiatis conferri valide nequeunt.
1983 Code correlation: can. 150
Cited by 3 passages
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article I: On Ecclesiastical Offices (cc. 145-195), § 1. The Notion and Provision of an Office, n. 53
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 155.The provision of offices for which no term has been prescribed by a special law is never to be deferred beyond six useful months from notice of the vacancy having been received, with the prescription of can. 458 remaining firm.
Officiorum provisio cui nullus terminus fuit speciali lege praescriptus, nunquam differatur ultra sex menses utiles ab habita notitia vacationis firmo praescripto can. 458.
1983 Code correlation: can. 151
Cited by 4 passages
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article I: On Ecclesiastical Offices (cc. 145-195), § 1. The Notion and Provision of an Office, n. 53
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter IX: Of Pastors, can. 458
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 156.§ 1. Two incompatible offices are not to be conferred upon anyone.
§ 2. Offices are incompatible which cannot be fulfilled at the same time by the same person.
§ 3. With the prescription of can. 188, n. 3, remaining firm, the granting of another office made by the Apostolic See is not valid unless mention of the prior incompatible office is made in the petition, or a derogatory clause is added.
§ 1. Nemini conferantur duo officia incompatibilia.
§ 2. Sunt incompatibilia officia quae una simul ab eodem adimpleri nequeunt.
§ 3. Firmo praescripto can. 188, n. 3, concessio alterius officii a Sede Apostolica facta non valet, nisi in supplici libello mentio prioris incompatibilis habeatur, aut clausula derogatoria adiiciatur.
1983 Code correlation: can. 152
Cited by 6 passages
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise X. On Particular Obligations, Part II. On the Particular Obligations of Clerics, Chapter II. On Certain Obligations Proper to Clerics, Article II. On the Obligations of Parish Priests, n. 596
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter IX: Of Pastors, can. 460
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, Chapter III: Of the Conferral of Benefices, can. 1439
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Three: Of Penalties for Individual Delicts, Title XVIII: Of Delicts in the Conferral, Reception, and Dismissal of Ecclesiastical Dignities, Offices, and Benefices, can. 2396
Can. 157.An office vacant by resignation or by a sentence of privation cannot be validly conferred by the Ordinary who accepted the resignation or issued the sentence upon his own relatives, or upon the relatives, blood-relatives, or affines of the resigning person, up to and including the second degree.
Officium vacans per renuntiationem vel per sententiam privationis nequit ab Ordinario, qui renuntiationem acceptavit aut sententiam tulit valide conferri suis aut resignantis familiaribus, consanguineis vel affinibus usque ad secundum gradum inclusive.
Cited by 2 passages
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 158.One who, supplying for another's negligence or inability, confers an office acquires from this no power over the person nominated; but the juridical status of this person is constituted just as if the provision had been carried out according to the ordinary norm of law.
Qui, alius negligentiam vel impotentiam supplens, officium confert, nullam inde potestatem acquirit in nominatum; sed huius iuridicus status perinde constituitur, ac si provisio ad ordinariam iuris normam peracta fuisset.
1983 Code correlation: can. 155
Cited by 2 passages
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 159.The provision of any office whatsoever is to be committed to writing.
Cuiuslibet officii provisio scripto consignetur.
1983 Code correlation: can. 156
Cited by 3 passages
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter IV: Of the Diocesan Curia, can. 364
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413