Chapter VIII: Of Apostolic Vicars and Prefects

§ 1. Territories which have not been erected into dioceses are governed through Apostolic Vicars or Prefects; all of these are appointed by the Apostolic See alone.

§ 2. An Apostolic Vicar and Prefect take possession of their territory, the former by showing the apostolic letters, the latter the decree or patent letters of the Sacred Congregation of Propaganda Fide, personally or through a procurator, to the one who governs the territory according to the norm of can. 309.

§ 1. Apostolic Vicars and Prefects enjoy in their territory the same rights and faculties which residential Bishops possess in their own dioceses, unless the Apostolic See has reserved something.

§ 2. Even those who lack the episcopal character can, within the limits of their territory and while the office lasts, impart all blessings reserved to Bishops, with one pontifical blessing excepted; consecrate chalices, patens, and portable altars with sacred oils blessed by a Bishop; grant indulgences of fifty days; and confer confirmation, first tonsure, and minor orders according to the norm of can. 782, Sec. 3, and 957, Sec. 2.

§ 1. Apostolic Vicars and Prefects can and must require from all missionaries, even religious, that they exhibit their patent letters or any other letters of their mission, destination, constitution, and deputation; and they can prohibit the exercise of any ecclesiastical ministry to those refusing to exhibit them.

§ 2. All missionaries, even regulars, are to seek from Apostolic Vicars and Prefects permission to exercise the sacred ministry; nevertheless they are not to deny it except to individuals and for a grave cause.

§ 1. Even regular missionaries are subject to the jurisdiction, visitation, and correction of the Apostolic Vicar and Prefect in those things which pertain to the governance of missions, the care of souls, the administration of Sacraments, the direction of schools, offerings made with regard to the mission, and the fulfillment of pious wills in favor of the same mission.

§ 2. Although it is in no way lawful for Apostolic Vicars and Prefects, apart from cases foreseen in law, to involve themselves in religious discipline which depends on a religious Superior, nevertheless if a conflict arises concerning those matters mentioned in the preceding paragraph between the mandate of the Apostolic Vicar or Prefect and the mandate of the Superior, the former must prevail, without prejudice to the right of recourse in devolutive effect to the Holy See and without prejudice to particular statutes approved by the Apostolic See.

When priests from the secular clergy are lacking, Apostolic Vicars and Prefects can, after hearing their Superior, compel religious, even exempt religious, assigned to the vicariate or prefecture, to exercise the care of souls, with particular statutes approved by the Apostolic See likewise saved.

If any disagreements happen to arise in those things which pertain to the care of souls, whether among individual missionaries, or among different religious institutes, or between missionaries and any others, Apostolic Vicars and Prefects are to take care to settle them as soon as possible; where there is need, they are to decide questions of this kind, while the right of recourse to the Apostolic See remains intact, which does not suspend the effect of the decree.

Apostolic Vicars are bound by the obligation of visiting the Sacred Thresholds of the Blessed Apostles Peter and Paul by exactly the same law by which residential Bishops are bound according to the norm of can. 341; nevertheless, if something gravely prevents them from fulfilling this duty personally, they can satisfy it through a procurator, even one residing in the City.

§ 1. According to the norm of can. 340, Apostolic Vicars and Prefects are bound by the obligation of presenting to the Apostolic See, each concerning his own pastoral office, a full and accurate report, and concerning everything which in any way pertains to the state of the vicariate or prefecture, to the missionaries, to religious, to the discipline of the people, to attendance at schools, and finally to the salvation of the faithful committed to their care; this report must be written and signed both by the Vicar or Prefect himself and by at least one of the counselors mentioned in can. 302.

§ 2. Indeed, also at the end of each year they are to send to the Holy See a list or number of converts, of those baptized, and of the annual administration of Sacraments, together with other things more worthy of note.

§ 1. They are to reside in the region committed to them, from which it is not lawful for them to be absent for a notable time without a grave and urgent cause, unless the Apostolic See has been consulted.

§ 2. Whenever there is need, they must visit the region entrusted to them personally or, if they have been legitimately impeded, through another, and in the visitation examine all those things which refer to faith, good morals, the administration of Sacraments, the preaching of the word of God, the observance of feast days, divine worship, the instruction of youth, and ecclesiastical discipline.

They are to constitute a Council from at least three of the older and more prudent missionaries, whose opinion they are to hear, at least by letter, in graver and more difficult affairs.

As opportunity permits, they are to gather at least the principal missionaries, both religious and secular, of their own territory at least once a year, so that from the experience and counsel of individuals they can deduce what things should be ordered more perfectly.

§ 1. Apostolic Vicars and Prefects also are equally bound, with account taken of places and persons, by the laws which are prescribed for Bishops concerning the establishing of an archive.

§ 2. Likewise the things prescribed in canons 281-291 concerning plenary and provincial Councils must be applied, with suitable adaptations, to plenary or regional and provincial Councils in regions subject to the Sacred Congregation of Propaganda Fide; the things prescribed in canons 356-362 concerning the diocesan Synod must be applied to the Synod of an apostolic vicariate; but there is no predefined time for the celebration of a provincial Council and Synod, and the canons of Councils, before they are promulgated, must be reviewed by the Sacred Congregation of Propaganda Fide.

They are to take most studious care, their conscience being gravely burdened, that approved clerics from indigenous Christians or inhabitants of their region be duly formed and initiated into the priesthood.

They must apply the sacrifice of the Mass for the peoples committed to them at least on the solemnities of the Nativity of the Lord, Epiphany, Easter, Ascension, Pentecost, the most holy Body of Christ, the Immaculate Conception and Assumption of the Blessed Virgin Mary, Saint Joseph her spouse, the Holy Apostles Peter and Paul, and All Saints, with the prescription of can. 339, Sec. 2 and following, observed.

§ 1. It is not lawful for them, without consulting the Apostolic See, to grant missionaries sent by it permission to desert the vicariate or prefecture permanently, or to pass elsewhere, nor to expel them in any way.

§ 2. In a case of public scandal, however, they can, after hearing their Council and, if there is question of religious, after warning the Superior as far as possible, immediately remove the missionary, yet with the Apostolic See immediately made aware.

To Vicars and Prefects endowed with the episcopal character belong the honorific privileges which the law grants to titular Bishops; but if they lack the episcopal character, they have only, while the office lasts and in their own territory, the insignia and privileges of Protonotaries Apostolic of the number of participants.

§ 1. Vicars and Prefects, as soon as they have arrived in their territory, are to depute from one or the other clergy a suitable Pro-vicar or Pro-prefect, unless a Coadjutor with future succession has been given by the Holy See.

§ 2. A Pro-vicar or Pro-prefect has no power while the Vicar or Prefect is living, except that which has been committed to him by the same; but when the Vicar or Prefect fails, or when their jurisdiction is impeded according to the norm of can. 429, Sec. 1, he must assume the whole governance and remain in this office until the Holy See has provided otherwise.

§ 3. In the same way, a Pro-vicar or Pro-prefect who has succeeded the titleholder is immediately to depute an ecclesiastical man who, as above, may succeed him in office.

§ 4. If perhaps it happens that no one has been designated as administrator either by the titleholder or by the pro-titleholder, then the senior in the vicariate or prefecture, namely the one who is present in the territory and first exhibited his letters of destination there, is considered delegated by the Holy See to assume governance; and among several equally senior, the older by priesthood.

§ 1. Those to whom the care of a vicariate or prefecture has come according to the norm of can. 309 must as soon as possible make the Apostolic See more certain.

§ 2. Meanwhile they can use all faculties, whether ordinary according to the norm of can. 294, or delegated, with which the Vicar or Prefect was endowed, unless they had been committed because of personal skill.

One who has been placed over an apostolic vicariate or prefecture for a certain time must remain in governance with all faculties granted to him, even though the defined time has passed, until the successor has taken canonical possession of his office.