Chapter I: Of Bishops

§ 1. Bishops are successors of the Apostles and by divine institution are placed over particular churches, which they govern with ordinary power under the authority of the Roman Pontiff.

§ 2. The Roman Pontiff freely appoints them.

§ 3. If the right of electing a Bishop has been granted to some college, the prescription of can. 321 is to be observed.

Before anyone is assumed as Bishop, it must be established, according to the manner determined by the Apostolic See, that he is suitable.

§ 1. In order that one be considered suitable, he must be:

1° Born of legitimate marriage, but not legitimated even by subsequent marriage.

2° At least thirty years old.

3° Constituted for at least five years in the sacred order of the presbyterate.

4° Endowed with good morals, piety, zeal for souls, prudence, and the other qualities which render him fit to govern the diocese of which there is question.

5° Possessed of the degree of doctor or at least licentiate in sacred theology or canon law in some athenaeum or Institute of studies approved by the Holy See, or at least truly expert in those same disciplines; but if he belongs to some religion, he is to have from his major Superiors either a similar title or at least testimony of true expertise.

§ 2. Even one elected, presented, or in any way designated by those who enjoy a privilege granted by the Holy See of electing, presenting, or designating, must possess the aforesaid qualities.

§ 3. To judge whether anyone is suitable pertains only to the Apostolic See.

§ 1. For anyone to be promoted to the episcopate, even one elected, presented, or designated also by a civil Government, canonical provision or institution is necessary, by which the Bishop of the vacant diocese is constituted; and this is given by the Roman Pontiff alone.

§ 2. Before canonical institution or provision, the candidate, besides the profession of faith mentioned in canons 1406-1408, is to give an oath of fidelity toward the Holy See according to the formula approved by the Apostolic See.

Unless he is prevented by a legitimate impediment, one promoted to the episcopate, even if he is a Cardinal of the Holy Roman Church, must, within three months from receiving the apostolic letters, receive consecration, and within four months go to his diocese, without prejudice to the prescription of can. 238, Sec. 2.

§ 1. Residential Bishops are the ordinary and immediate pastors in the dioceses committed to them.

§ 2. Nevertheless they cannot involve themselves in the governance of the diocese, either personally or through others, nor under any title, unless they have first canonically taken possession of the same diocese; but if before their designation to the episcopate they had been appointed capitular vicars, officials, or economes, they can retain and exercise these offices even after designation.

§ 3. Residential Bishops take canonical possession of the diocese as soon as, in the diocese itself, either personally or through a procurator, they have shown the apostolic letters to the Chapter of the cathedral church, in the presence of the secretary of the Chapter or the chancellor of the Curia, who is to report the matter in the acts.

§ 1. To them belongs the right and duty of governing the diocese both in spiritual and in temporal matters, with legislative, judicial, and coercive power to be exercised according to the norm of the sacred canons.

§ 2. Episcopal laws begin to oblige immediately from promulgation, unless something else is provided in them; the manner of promulgation, however, is determined by the Bishop himself.

§ 1. Bishops are to urge the observance of ecclesiastical laws; nor can they dispense in common law except according to the norm of can. 81.

§ 2. They are to watch lest abuses creep into ecclesiastical discipline, especially concerning the administration of Sacraments and Sacramentals, the worship of God and of the Saints, the preaching of the word of God, sacred indulgences, and the fulfillment of pious wills; and they are to take care that purity of faith and morals be preserved in the clergy and people, that the food of Christian doctrine be offered to the faithful, especially children and the unlearned, and that in schools of children and youth instruction be handed down according to the principles of the Catholic religion.

§ 3. Concerning the office of preaching, the prescription of can. 1327 is to be observed.

§ 1. A Bishop can exercise pontifical functions in the whole diocese, not even excepting exempt places; but not outside the diocese without the express or at least reasonably presumed consent of the local Ordinary, and, if there is question of an exempt church, with the consent of the religious Superior.

§ 2. To exercise pontifical functions in law is to perform sacred functions which by liturgical laws require pontifical insignia, that is, the staff and miter.

§ 3. A Bishop, granting permission to exercise pontifical functions in his territory, can also permit the use of throne with baldachin.

§ 1. Even if Bishops have a Coadjutor, they are bound by the law of personal residence in the diocese.

§ 2. Apart from the cause of the visitation of the Sacred Thresholds, Councils at which they must be present, or a civil office legitimately joined to their churches, they can be absent for a fair cause for no more than two or at most three months within a year, whether continuous or interrupted, provided that care has been taken lest from their absence the diocese suffer any detriment; nevertheless this time cannot be joined either with the time granted to them on the occasion of their promotion, or of the visitation of the Sacred Thresholds, or of assistance at a Council, or with the time of vacations of the following year.

§ 3. They are not to be absent from the cathedral church during the time of Advent and Lent, on the days of the Nativity, the Resurrection of the Lord, Pentecost, and Corpus Christi, unless for a grave and urgent cause.

§ 4. If they have been illegitimately absent from the diocese for more than six months, the Metropolitan is to denounce the Bishop to the Apostolic See according to the norm of can. 274, n. 4; the older resident Suffragan is to denounce the Metropolitan.

§ 1. They must also, after taking possession of the see, with every excuse of smallness of revenues or any other exception removed, apply Mass for the people committed to them on all Sundays and other feast days of precept, even suppressed ones.

§ 2. On the feast of the Nativity of the Lord, and if some feast of precept falls on a Sunday, it is sufficient that they apply one Mass for the people.

§ 3. If a feast is so transferred that on the day to which it is transferred not only is the office with the Mass of the transferred feast performed, but the obligations of hearing Mass and abstaining from servile works are also observed, the Mass for the people must be applied on the day to which; otherwise on the day from which.

§ 4. The Bishop must personally apply the Mass for the people on the days indicated above; if he is legitimately impeded from its celebration, he is to apply it on the fixed days through another; if he cannot do this either, as soon as possible he is to apply it on another day, either personally or through another.

§ 5. Although a Bishop governs two or more dioceses united equally principally, or besides his own diocese has another or others in administration, nevertheless he satisfies the obligation through the celebration and application of one Mass for the whole people committed to him.

§ 6. A Bishop who has not satisfied the obligation mentioned in the preceding paragraphs is to apply as soon as possible as many Masses for the people as he omitted.

§ 1. All Bishops are bound every five years to make a report to the Supreme Pontiff concerning the state of the diocese committed to them, according to the formula given by the Apostolic See.

§ 2. The five-year periods are fixed and common, and are computed from January 1, 1911; in the first year of the five-year period the Bishops of Italy, of the islands of Corsica, Sardinia, Sicily, Malta, and of the other smaller adjacent islands must present the report; in the second, the Bishops of Spain, Portugal, France, Belgium, Holland, England, Scotland, and Ireland, with the adjacent islands; in the third, the other Bishops of Europe, with the adjacent islands; in the fourth, the Bishops of all America and the adjacent islands; in the fifth, the Bishops of Africa, Asia, Australia, and the islands adjacent to these parts of the world.

§ 3. If the year assigned for presenting the report falls wholly or in part within the first two years from the beginning of governance of the diocese, the Bishop for that turn can abstain from composing and presenting the report.

§ 1. All and individual Bishops, in the year in which they are bound to present the report, are to go to the City, to venerate the tombs of the Blessed Apostles Peter and Paul, and to present themselves to the Roman Pontiff.

§ 2. But Bishops who are outside Europe are permitted to seek the City in alternate five-year periods, that is, every ten years.

A Bishop must satisfy the aforesaid obligation personally or through a Coadjutor, if he has one, or, for just causes to be approved by the Holy See, through a suitable priest who resides in the same Bishop's diocese.

§ 1. For preserving sound and orthodox doctrine, protecting good morals, correcting evil ones, promoting peace, innocence, piety, and discipline in the people and clergy, and establishing other things according to the circumstances for the good of religion, Bishops are bound by the obligation of visiting the diocese every year, either wholly or in part, so that at least every five years they inspect the whole diocese, either personally or, if they have been legitimately impeded, through the Vicar General or another.

§ 2. It is lawful for the Bishop to associate with himself two clerics, even from the cathedral or collegiate Chapter, as companions and helpers of the visitation; and to choose those whom he prefers, any contrary privilege or custom whatsoever being reprobated.

§ 3. If a Bishop has gravely failed in the obligation mentioned in Sec. 1, the prescription of can. 274, nn. 4, 5, is to be observed.

§ 1. Persons, things, and pious places, even exempt ones, which are contained within the limits of the diocese, are subject to ordinary episcopal visitation, unless it can be proved that a special exemption from visitation had been granted to them by the Apostolic See.

§ 2. The Bishop can visit exempt religious only in the cases expressed in law.

The Visitator, in those things which regard the object and end of the visitation, must proceed in a paternal manner, and from his precepts and decrees recourse is given only in devolutive effect; but in other causes, even during the time of visitation, it is necessary that the Bishop proceed according to the norm of law.

Bishops are to strive to complete the pastoral visitation with due diligence, yet without useless delays; they are to take care lest by superfluous expenses they be burdensome or onerous to anyone, and lest by reason of the visitation they themselves or anyone of their people ask or receive gifts of any kind for themselves or their own, any contrary custom whatsoever being reprobated; concerning victuals to be supplied to them and their own, or procurations and expenses of the journey, the legitimate custom of places is to be observed.

In his own territory the Bishop precedes all Archbishops and Bishops, except Cardinals, Pontifical Legates, and his own Metropolitan; outside the territory the norms handed down in can. 106 are to be observed.

§ 1. Titular Bishops can exercise no power in their diocese, of which they do not even take possession.

§ 2. It is fitting from charity, though apart from obligation, that they sometimes apply the sacrifice of the Mass for their diocese.

§ 1. From accepted authentic notice of completed canonical provision, Bishops, whether residential or titular:

1° Besides other privileges which are listed under their own titles, enjoy the privileges mentioned in can. 239, Sec. 1, nn. 7-12; and also n. 2, even as regards cases reserved to the local Ordinary; n. 3, with at least the presumed consent of the local Ordinary; n. 4, provided they are not bound to celebrate in the cathedral; nn. 5 and 6, with the rites prescribed by the Church nevertheless observed.

2° Have the right of wearing episcopal insignia according to the norm of liturgical laws.

§ 2. From taking possession, however, residential Bishops also have the right:

1° Of receiving the revenues of the episcopal mensa.

2° Of granting indulgences of fifty days in places of their jurisdiction.

3° Of erecting in all churches of their diocese a throne with baldachin.