Article — 1917 Code of Canon Law

Article I: Of the Sacred Congregations

Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.

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Can. 246.

Over each Congregation presides a Cardinal Prefect, or, if the Roman Pontiff himself presides over it, a Cardinal Secretary directs it; to these are joined Cardinals whom the Pontiff judges should be assigned to them, together with other necessary ministers.

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Can. 247.

§ 1. The Congregation of the Holy Office, over which the Supreme Pontiff himself presides, safeguards the doctrine of faith and morals.

§ 2. It judges concerning those delicts which are reserved to it according to its own proper law, with power of seeing these criminal causes not only in the grade of appeal from the tribunal of the local Ordinary, but also in first instance, if they have been brought directly to it.

§ 3. It alone has cognizance of those things which, whether directly or indirectly, in law or in fact, are concerned with the privilege, as they say, Pauline, and the matrimonial impediments of disparity of cult and mixed religion; likewise to it belongs the faculty of dispensing in these impediments. Therefore any question of this kind must be referred to this Congregation, which, however, can, if it so judges and the case bears it, remit the question to another Congregation or to the Tribunal of the Sacred Roman Rota.

§ 4. To the same Congregation belongs not only diligently to examine books brought to it, to prohibit them if it is opportune, and to grant dispensations, but also ex officio to inquire, by whatever more suitable way will be possible, what writings of any kind deserving condemnation are published among the people, and to recall to the memory of Ordinaries how religiously they are bound to take action against pernicious writings and to denounce them to the Holy See, according to the norm of can. 1397.

§ 5. It alone is competent concerning all those things which regard the eucharistic fast for priests celebrating Mass.

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Can. 248.

§ 1. The Prefect of the Consistorial Congregation is the Roman Pontiff himself. Besides others, there belong to it ex officio the Cardinals Secretary of the Holy Office, Prefect of the Congregation of Seminaries and Universities of Studies, and Secretary of State. Among its Consultors there are always the Assessor of the Holy Office, the Secretary of the Congregation for Extraordinary Ecclesiastical Affairs, and the Secretary of the Congregation of Seminaries and Universities of Studies.

§ 2. To this Congregation belongs not only to prepare matters to be done in Consistories, but furthermore, in places not subject to the Congregation of Propaganda Fide, to constitute new dioceses and provinces and both cathedral and collegiate chapters; to divide dioceses already constituted; to propose Bishops, Apostolic Administrators, Coadjutors, and Auxiliary Bishops to be constituted; to order canonical inquiries or processes concerning those to be promoted and diligently to weigh the acts; and to test their doctrine, without prejudice to the prescription of can. 255.

§ 3. On this Congregation depend all things which pertain to the constitution, preservation, and state of dioceses. Therefore it watches over whether the obligations by which Ordinaries are bound have been fulfilled or not; it takes cognizance of those things which have been reported in writing by Bishops concerning the state of their dioceses; it orders apostolic visitations and examines those which have been completed, in either case transmitting to the individual Congregations, for deliberation, those matters which pertain peculiarly to them.

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Can. 249.

§ 1. To the Congregation concerning the discipline of the Sacraments is assigned the entire legislation concerning the discipline of the seven Sacraments, with the right of the Congregation of the Holy Office remaining intact concerning those things which are established in can. 247, and of the Congregation of Sacred Rites concerning the rites and ceremonies which must be observed in confecting, administering, and receiving the Sacraments.

§ 2. Therefore to that Congregation belong all those things which are customarily decreed and granted both in the discipline of marriage and in the discipline of the other Sacraments, and also in the celebration of the Eucharistic Sacrifice, except only those things which are reserved to other Congregations.

§ 3. It also and exclusively has cognizance concerning the fact of non-consummation of marriage and concerning the existence of causes for granting a dispensation, and also concerning all those things which are connected with these. It can, however, remit cognizance of all these things to the Sacred Roman Rota, if it has judged that expedient. Likewise questions concerning the validity of marriage can be referred to it; yet if they require a more accurate inquiry or investigation, it is to remit them to the competent tribunal. In the same way it belongs to it to see concerning obligations attached to major orders, and to examine questions concerning the validity itself of sacred ordination, or to remit them to the competent tribunal. And so forth concerning the other Sacraments.

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Can. 250.

§ 1. To the Congregation of the Council is committed that part of business which refers to the universal discipline of the secular clergy and of the Christian people.

§ 2. Wherefore it is its part to take care that the precepts of Christian life are observed, with the faculty of opportunely dispensing the faithful from them; to regulate those things which regard pastors and canons, or which touch pious sodalities, pious unions, even if they depend on religious or have been erected in their churches or houses, pious legacies, pious works, Mass offerings, benefices or offices, ecclesiastical goods movable and immovable, diocesan taxes, fees of episcopal Curias, and other things of this kind. To the same Congregation is reserved the faculty of exempting from the conditions required for obtaining benefices whenever their conferral belongs to Ordinaries; of admitting to composition those who have occupied ecclesiastical goods, even goods belonging to religious; and of permitting the faithful to acquire ecclesiastical goods usurped by the civil power.

§ 3. It also sees concerning all those things which pertain to ecclesiastical immunity, and likewise concerning controversies about precedence, without prejudice to the right of the Congregation concerning religious members and of the Ceremonial Congregation.

§ 4. To the same Congregation belong all those things which refer to the celebration and review of Councils and to gatherings or conferences of Bishops, outside places which are subject to the Congregation of Propaganda Fide.

§ 5. This Congregation, moreover, is competent in all controversies concerning business committed to it which it has judged should be handled in the disciplinary line; the rest are to be referred to the competent tribunal.

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Can. 251.

§ 1. The Congregation set over the affairs of religious members claims exclusively to itself those things which regard the governance, discipline, studies, goods, and privileges of religious members of either sex bound by either solemn or simple vows, and of those who, although without vows, nevertheless live in common in the manner of religious, and likewise of secular third Orders, with the right of the Congregation of Propaganda Fide remaining intact.

§ 2. Therefore, with questions to be treated in judicial order remitted to the competent tribunal, and always with the right of the Congregation of the Holy Office and of the Congregation of the Council remaining intact concerning business pertaining to them, this Congregation settles all questions of its competence in the disciplinary line; but if a question is between a religious member and a non-religious person, it can also, especially at the instance of a party, if it has judged it equitable, remit the same question to another Congregation or tribunal.

§ 3. Finally, to this Congregation is reserved the granting of dispensations from common law for religious members, the prescription of can. 247, Sec. 5, remaining firm.

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Can. 252.

§ 1. The Congregation of Propaganda Fide presides over missions for preaching the Gospel and Catholic doctrine, constitutes and changes necessary ministers, and has the faculty of treating, doing, and executing all things necessary and opportune in this matter.

§ 2. It takes care of all those things which pertain to the celebration of Councils in places subject to it.

§ 3. Its jurisdiction is circumscribed to those regions where, the sacred hierarchy not yet having been constituted, the state of mission continues. To this Congregation are also subject regions which, although the hierarchy has been constituted there, still present something initial. Likewise subject to it are societies of ecclesiastics and Seminaries which have been founded exclusively for the end that missionaries for foreign missions be formed in them, especially as regards their rules, administration, and opportune concessions required for the sacred ordination of students.

§ 4. This Congregation, however, is bound to refer to the competent Congregations business which touches the faith, matrimonial causes, or general norms about the discipline of sacred rites to be handed down or interpreted.

§ 5. But as regards religious members, the same Congregation claims to itself whatever touches religious as missionaries, whether as individuals or taken together. Whatever touches religious as such, whether as individuals or taken together, it is to remit or leave to the Congregation set over the affairs of religious.

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Can. 253.

§ 1. The Congregation of Sacred Rites has the right of seeing and establishing all those things which closely regard the sacred rites and ceremonies of the Latin Church, but not those things which more broadly are referred to sacred rites, of which kind are rights of precedence and other things of that sort, concerning which there is dispute either with judicial order observed or in the disciplinary line.

§ 2. It is therefore especially its part to watch that sacred rites and ceremonies are diligently observed in celebrating the Sacred [Sacrifice], in administering the Sacraments, in discharging the divine offices, and finally in all those things which regard the worship of the Latin Church; to grant opportune dispensations; to bestow insignia and privileges of honor, both personal and temporary and local and perpetual, which pertain to sacred rites or ceremonies; and to take care that abuses do not creep into these things.

§ 3. Finally it handles all those things which refer in any way to the beatification and canonization of Servants of God or to sacred relics.

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Can. 254.

To the Ceremonial Congregation belongs the regulation of ceremonies to be observed in the Pontifical Chapel and Court and of the sacred functions which the Cardinal Fathers perform outside the pontifical chapel; likewise the same Congregation has cognizance of questions concerning precedence both of the Cardinal Fathers and of Legates whom various Nations send to the Holy See.

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Can. 255.

To the Congregation for Extraordinary Ecclesiastical Affairs belongs the constituting or dividing of dioceses and the promoting of suitable men to vacant dioceses, whenever concerning these matters one must deal with civil Governments; in addition the Congregation applies itself to those matters which are subjected to its examination by the Supreme Pontiff through the Cardinal Secretary of State, especially from those which have something connected with civil laws and refer to agreements entered into with various Nations.

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Can. 256.

§ 1. The Congregation of Seminaries and Universities of Studies watches over all things which pertain to the governance, discipline, temporal administration, and studies of Seminaries, with the right of the Congregation of Propaganda Fide remaining intact. To the same Congregation is likewise committed the regulation of governance and studies in which athenaea, or what they call Universities or Faculties, which depend on ecclesiastical authority, must be engaged, including those which are directed by members of some religious family. It weighs and approves new institutions; it grants the faculty of conferring academic degrees and hands down norms by which they must be conferred, and, where there is question of a man commended by singular doctrine, it can itself confer them.

§ 2. In this Sacred Congregation are numbered, among others, the Cardinal Secretary of the Consistorial Congregation, and among Consultors the Assessor of the same Congregation.

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Can. 257.

§ 1. Over the Congregation for the Oriental Church presides the Roman Pontiff himself. To this Congregation are reserved all business of whatever kind which is referred either to persons, or to discipline, or to the rites of the oriental Churches, even if they are mixed, namely those which, by reason either of the matter or of persons, also touch Latins.

§ 2. Therefore for Churches of the oriental rite this Congregation possesses all faculties which the other Congregations obtain for Churches of the Latin rite, with the right of the Congregation of the Holy Office nevertheless remaining intact according to the norm of can. 247.

§ 3. This Congregation settles controversies by disciplinary way; but those which it has judged must be settled in judicial order it will remit to the tribunal which the Congregation itself will have designated.

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