Title — 1917 Code of Canon Law
Title XXX: Of the Manner of Proceeding against Non-Resident Clerics
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
English · Latin · Both
Can. 2168.§ 1. The Ordinary is to warn a pastor, canon, or other cleric who neglects the law of residence by which he is bound by reason of a benefice, and meanwhile, if there is question of a pastor, at his expense he is to provide that the salvation of souls suffer no detriment.
§ 2. In the warning the Ordinary is to recall the penalties which non-resident clerics incur and likewise the prescription of can. 188, n. 8, and signify to the cleric that within a congruous time to be defined by the same Ordinary he restore residence.
§ 1. Parochum, canonicum aliumve clericum, qui residentiae legem, qua ratione beneficii tenetur, negligat, Ordinarius moneat, et interim, si agatur de parocho, eiusdem impensis provideat ne salus animarum detrimentum patiatur.
§ 2. In monitione Ordinarius recolat poenas quas incurrunt clerici non residentes itemque praescriptum can. 188, n. 8, et clerico significet ut intra congruum tempus ab eodem Ordinario definiendum residentiam instauret.
Cited by 8 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article II. On the Duties of Parish Priests in Particular, n. 1208
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation I. On Penalties in General, Part II. On the Superior Having the Power of Punishing, Section I. On the Superior Having Non-Judicial Jurisdiction, n. 855
- Tanquerey, Volume III. On Justice, Contracts, and the Obligations of States of Life, On the Obligations of States of Life (Volume III), Chapter II: On the Duties of Clerics, n. 1108
- 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, One Chapter: Special Obligations of Various Clerics, n. 94
- 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 Four: Of Processes, Part One: Of Trials, Section II: Of Particular Norms To Be Observed in Certain Trials, Title XIX: Of Criminal Judgment, can. 1933
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Three: Of Penalties for Individual Delicts, Title XVII: Of Delicts against the Obligations Proper to the Clerical or Religious State, can. 2381
Can. 2169.If within the appointed term the cleric neither restores residence nor brings forward causes of absence, the Ordinary, with the prescription of can. 2149 observed, is to declare the parish or other benefice vacant.
Si intra praestitutum terminum clericus nec residentiam instauret nec absentiae causas afferat, Ordinarius, servato praescripto can. 2149, declaret paroeciam aliudve beneficium vacare.
Cited by 8 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article II. On the Duties of Parish Priests in Particular, n. 1208
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation I. On Penalties in General, Part II. On the Superior Having the Power of Punishing, Section I. On the Superior Having Non-Judicial Jurisdiction, n. 855
- Tanquerey, Volume III. On Justice, Contracts, and the Obligations of States of Life, On the Obligations of States of Life (Volume III), Chapter II: On the Duties of Clerics, n. 1108
- 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, One Chapter: Special Obligations of Various Clerics, n. 94
- 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 Four: Of Processes, Part One: Of Trials, Section II: Of Particular Norms To Be Observed in Certain Trials, Title XIX: Of Criminal Judgment, can. 1933
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Three: Of Penalties for Individual Delicts, Title XVII: Of Delicts against the Obligations Proper to the Clerical or Religious State, can. 2381
Can. 2170.If the cleric restores residence, the Ordinary not only must, if the absence was illegitimate, inflict on him privation of fruits for the time of absence of which in can. 2381, but can also, if the case bears, punish him suitably according to the gravity of the fault.
Si clericus residentiam instauret, Ordinarius, non modo debet, si absentia illegitima fuerit, ei infligere privationem fructuum pro tempore absentiae de qua in can. 2381, sed potest etiam, si casus ferat, pro gravitate culpae eum congrue punire.
Cited by 8 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article II. On the Duties of Parish Priests in Particular, n. 1208
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation I. On Penalties in General, Part II. On the Superior Having the Power of Punishing, Section I. On the Superior Having Non-Judicial Jurisdiction, n. 855
- Tanquerey, Volume III. On Justice, Contracts, and the Obligations of States of Life, On the Obligations of States of Life (Volume III), Chapter II: On the Duties of Clerics, n. 1108
- 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, One Chapter: Special Obligations of Various Clerics, n. 94
- 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 Four: Of Processes, Part One: Of Trials, Section II: Of Particular Norms To Be Observed in Certain Trials, Title XIX: Of Criminal Judgment, can. 1933
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Three: Of Penalties for Individual Delicts, Title XVII: Of Delicts against the Obligations Proper to the Clerical or Religious State, can. 2381
Can. 2171.If the cleric does not restore residence but brings forward causes of absence, the Ordinary, two examiners having been called and opportune investigations having been instituted if there is need, must see whether the causes are legitimate.
Si clericus residentiam non instauret, sed absentiae causas afferat, Ordinarius, accitis duobus examinatoribus et institutis, si opus fuerit, opportunis investigationibus, videre debet num causae sint legitimae.
Cited by 9 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article II. On the Duties of Parish Priests in Particular, n. 1208
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation I. On Penalties in General, Part II. On the Superior Having the Power of Punishing, Section I. On the Superior Having Non-Judicial Jurisdiction, n. 855
- Tanquerey, Volume III. On Justice, Contracts, and the Obligations of States of Life, On the Obligations of States of Life (Volume III), Chapter II: On the Duties of Clerics, n. 1108
- 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, One Chapter: Special Obligations of Various Clerics, n. 94
- 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 Four: Of Processes, Part One: Of Trials, Section II: Of Particular Norms To Be Observed in Certain Trials, Title XIX: Of Criminal Judgment, can. 1933
- 1917 Code of Canon Law, Book Four: Of Processes, Part Three: Of the Manner of Proceeding in Certain Affairs to Be Dispatched or Penal Sanctions to Be Applied, Title XXX: Of the Manner of Proceeding against Non-Resident Clerics, can. 2174
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Three: Of Penalties for Individual Delicts, Title XVII: Of Delicts against the Obligations Proper to the Clerical or Religious State, can. 2381
Can. 2172.If, after the examiners have been heard, the Ordinary thinks the causes adduced are not legitimate, again let him set for the cleric a term within which he must return, with privation of fruits for the time of absence always preserved.
Si, auditis examinatoribus, Ordinarius censeat adductas causas non esse legitimas, rursus clerico praefigat terminum intra quem redire debet, salva semper privatione fructuum pro tempore absentiae.
Cited by 8 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article II. On the Duties of Parish Priests in Particular, n. 1208
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation I. On Penalties in General, Part II. On the Superior Having the Power of Punishing, Section I. On the Superior Having Non-Judicial Jurisdiction, n. 855
- Tanquerey, Volume III. On Justice, Contracts, and the Obligations of States of Life, On the Obligations of States of Life (Volume III), Chapter II: On the Duties of Clerics, n. 1108
- 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, One Chapter: Special Obligations of Various Clerics, n. 94
- 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 Four: Of Processes, Part One: Of Trials, Section II: Of Particular Norms To Be Observed in Certain Trials, Title XIX: Of Criminal Judgment, can. 1933
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Three: Of Penalties for Individual Delicts, Title XVII: Of Delicts against the Obligations Proper to the Clerical or Religious State, can. 2381
Can. 2173.If a removable pastor has not returned within the prescribed time, the Ordinary can immediately proceed to privation of the parish; if he has returned, let the Ordinary give him a precept not to depart again without his written permission under penalty of privation of the parish to be incurred by the fact itself.
Si parochus amovibilis intra praescriptum tempus non redierit, Ordinarius statim procedere potest ad paroeciae privationem; si redierit, Ordinarius det ei praeceptum ne rursus discedat sine scripta sua licentia sub poena privationis paroeciae ipso facto incurrenda.
Cited by 9 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article II. On the Duties of Parish Priests in Particular, n. 1208
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation I. On Penalties in General, Part II. On the Superior Having the Power of Punishing, Section I. On the Superior Having Non-Judicial Jurisdiction, n. 855
- Tanquerey, Volume III. On Justice, Contracts, and the Obligations of States of Life, On the Obligations of States of Life (Volume III), Chapter II: On the Duties of Clerics, n. 1108
- 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, One Chapter: Special Obligations of Various Clerics, n. 94
- 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 Four: Of Processes, Part One: Of Trials, Section II: Of Particular Norms To Be Observed in Certain Trials, Title XIX: Of Criminal Judgment, can. 1933
- 1917 Code of Canon Law, Book Four: Of Processes, Part Three: Of the Manner of Proceeding in Certain Affairs to Be Dispatched or Penal Sanctions to Be Applied, Title XXX: Of the Manner of Proceeding against Non-Resident Clerics, can. 2174
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Three: Of Penalties for Individual Delicts, Title XVII: Of Delicts against the Obligations Proper to the Clerical or Religious State, can. 2381
Can. 2174.§ 1. If a cleric who obtains an irremovable benefice does not restore residence but alleges new deductions, the Ordinary is to recall them to examination with the same examiners according to the norm of can. 2171.
§ 2. If not even these have been held legitimate, any other deductions being disregarded, the Ordinary is to command the cleric that within the prescribed or again-to-be-prescribed time he return under penalty of privation of the benefice to be incurred by the fact itself.
§ 3. If he does not return, the Ordinary is to declare him deprived of the benefice; if he returns, let the Ordinary give the same precept of which in can. 2173.
§ 1. Si clericus, qui beneficium inamovibile obtinet, residentiam non instauret, sed novas alleget deductiones, Ordinarius eas cum eisdem examinatoribus ad examen revocet ad normam can. 2171.
§ 2. Si nec ipsae legitimae habitae fuerint, posthabitis quibusvis aliis deductionibus, Ordinarius clerico praecipiat ut intra tempus praescriptum vel iterum praescribendum redeat sub poena privationis beneficii ipso facto incurrenda.
§ 3. Si non redeat, Ordinarius eum beneficio privatum declaret; si redeat, Ordinarius idem det praeceptum de quo in can. 2173.
Cited by 8 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article II. On the Duties of Parish Priests in Particular, n. 1208
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation I. On Penalties in General, Part II. On the Superior Having the Power of Punishing, Section I. On the Superior Having Non-Judicial Jurisdiction, n. 855
- Tanquerey, Volume III. On Justice, Contracts, and the Obligations of States of Life, On the Obligations of States of Life (Volume III), Chapter II: On the Duties of Clerics, n. 1108
- 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, One Chapter: Special Obligations of Various Clerics, n. 94
- 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 Four: Of Processes, Part One: Of Trials, Section II: Of Particular Norms To Be Observed in Certain Trials, Title XIX: Of Criminal Judgment, can. 1933
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Three: Of Penalties for Individual Delicts, Title XVII: Of Delicts against the Obligations Proper to the Clerical or Religious State, can. 2381
Can. 2175.In neither case is the Ordinary to declare the benefice vacant unless, after weighing together with the examiners the reasons for departure which the cleric may perhaps have alleged, it has been established that the permission of the same Ordinary in writing could have been sought by the same cleric.
Neutro in casu Ordinarius beneficium vacare declaret, nisi postquam, perpensis una cum examinatoribus discessus rationibus quas clericus forte allegaverit, eiusdem Ordinarii licentiam in scriptis ab eodem clerico peti potuisse constiterit.
Cited by 9 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- 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 III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article II. On the Duties of Parish Priests in Particular, n. 1208
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation I. On Penalties in General, Part II. On the Superior Having the Power of Punishing, Section I. On the Superior Having Non-Judicial Jurisdiction, n. 855
- Tanquerey, Volume I. On Penance, Matrimony, and Holy Orders, On Holy Orders (Volume I), On Holy Orders, n. 1176
- Tanquerey, Volume III. On Justice, Contracts, and the Obligations of States of Life, On the Obligations of States of Life (Volume III), Chapter II: On the Duties of Clerics, n. 1108
- 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, One Chapter: Special Obligations of Various Clerics, n. 94
- 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 Four: Of Processes, Part One: Of Trials, Section II: Of Particular Norms To Be Observed in Certain Trials, Title XIX: Of Criminal Judgment, can. 1933
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Three: Of Penalties for Individual Delicts, Title XVII: Of Delicts against the Obligations Proper to the Clerical or Religious State, can. 2381