Chapter V: Of Chapters of Canons

§ 1. A chapter of canons, whether cathedral or collegiate, is a college of clerics so instituted that it may exhibit more solemn worship to God in a church and, if there is question of a cathedral Chapter, may assist the Bishop, according to the norm of the sacred canons, as his senate and council, and, when the see is vacant, supply his place in the governance of the diocese.

§ 2. A collegiate Chapter is called distinguished or most distinguished if it enjoys this title by apostolic privilege or from immemorial time.

The institution or erection, alteration, and suppression of Chapters, both cathedral and collegiate, is reserved to the Apostolic See.

§ 1. In any capitular church there are to be dignities and canons among whom various offices are distributed; there can also be other minor benefices in one or several grades.

§ 2. A Chapter consists of dignities and canons, unless, as regards dignities, something else is drawn from the capitular constitutions; but not of inferior beneficiaries or mansionarii, who furnish assistance to the canons.

§ 3. Canonries without attached emoluments are not to be instituted without a special concession of the Apostolic See.

§ 1. In numbered Chapters there are to be as many prebendaries as there are prebends; in non-numbered Chapters, as many as the Bishop, having heard the Chapter, shall have judged can be decently sustained from the revenues.

§ 2. The erection of dignities is reserved to the Apostolic See; but it is in the power of the Bishop, with the Chapter consenting, to restore dignities perhaps extinct and to add to the prebends already existing in the Chapter others, whether canonical or beneficial.

§ 3. In cathedral churches and distinguished collegiate churches where the prebends are so slender, together with the daily distributions, that they are plainly unequal to sustaining the decorum of the canons, Bishops, having heard the Chapter and obtained the permission of the Holy See, may either unite some simple benefices to the prebends, or, if provision cannot be made in this way, with some prebends suppressed, with the consent of patrons if they are under lay right of patronage, the fruits and revenues of which are applied to the daily distributions of the remaining prebends, may reduce them to a smaller number, yet in such a way that as many remain as conveniently correspond to celebrating divine worship and to the dignity of the church.

§ 1. In churches, both cathedral and collegiate, in which there are no daily distributions or they are so slender that they are likely to be neglected, Bishops are to separate a third part of the fruits, revenues, and offerings which are received from the dignities, canonries, offices, and other benefices of that church, and convert them into daily distributions.

§ 2. If distributions cannot be introduced for any cause, the Bishop is to establish monetary fines upon negligent dignities, canons, and beneficiaries, which correspond to distributions and take their place.

§ 3. Distributions fall to the diligent, every collusion or remission being excluded; but if the dignities have revenues diverse and separate from the common mass or goods of the canons, distributions lost by them fall to the other dignities present, if there are any, otherwise to the fabric of the church, insofar as it needs them, or to another pious place at the Bishop's judgment.

§ 4. By each Chapter, according to its own statutes, one or more censors, or punctators, are to be named, who are daily to note those absent from the divine offices, having first taken before the Chapter or its president an oath concerning faithfully performing their duty; to these the Bishop can add another punctator; but if the punctators are absent, the senior of the canons who are present supplies their place.

§ 1. The conferral of dignities, both in cathedral Chapters and in collegiate Chapters, is reserved to the Apostolic See.

§ 2. Option is prohibited, with contrary custom reprobated, but with the law of foundation preserved.

§ 3. At least the first dignity in a cathedral Chapter, insofar as it can be done and other things being equal, is to be strong in a doctoral degree in sacred theology or canon law.

Unless something else is provided in the capitular statutes, to the dignities and canons, according to the order of precedence, belongs the right and duty:

1° To supply the place of the Bishop in carrying out sacred functions on the more solemn festivities of the year.

2° To present the aspersory to the Bishop celebrating in pontificals at the entrance of the church, and to perform the office of assisting priest.

3° To administer the Sacraments to the same when he is bedridden; when he is dead, to discharge the due funeral rites.

4° To convoke the Chapter and preside over it, and to prescribe and order the things which refer to the direction of the choir, provided the dignity is from the body of the Chapter.

§ 1. In no cathedral church is the office of canon theologian to be lacking and, where it can be done, that of canon penitentiary.

§ 2. Also in collegiate churches, especially distinguished ones, the office of canon theologian and penitentiary can be constituted.

§ 1. The canon theologian and penitentiary are to be chosen who, in view of the quality of the place, are found more suitable for fulfilling their proper duties; but, other things being equal, doctors in sacred theology are to be preferred if there is question of a canon theologian, in sacred theology or canon law if of a penitentiary; moreover it is expedient that the canon penitentiary have completed the thirtieth year of age.

§ 2. The theological and penitentiary prebends are not to be conferred unless first there has been full certainty concerning the life, morals, and doctrine of the candidates, with the law of concursus preserved where it has been established.

§ 3. The canon penitentiary is prohibited from at the same time undertaking or exercising another office in the diocese to which jurisdiction in the external forum is attached.

§ 1. It belongs to the canon theologian, on the days and hours designated by the Bishop with the counsel of the Chapter, publicly to explain sacred Scripture in church; but the Bishop, if he judges it more useful, can commit to him other arguments of Catholic doctrine to be explained in church.

§ 2. The canon theologian is to fulfill his duty himself personally, or, if he has been impeded for more than six months, at his own expense through another priest to be deputed by the Bishop.

§ 3. The Bishop for a grave cause can commit to the canon theologian that, in place of lectures in church, he teach the sacred disciplines in the Seminary.

§ 1. The penitentiary canon, both of the cathedral church and of the collegiate church, obtains by law an ordinary power, which however he cannot delegate to others, of absolving even from sins and censures reserved to the Bishop, in the diocese also outsiders, and diocesan persons also outside the territory of the diocese.

§ 2. He must reside in the seat designated for him in the capitular church for hearing confessions at a time more opportune for the convenience of the faithful, in the judgment of the Bishop, and be present for those who approach to confess their sins, even during the time of the divine offices themselves.

If care of souls is attached to the Chapter, this is to be exercised by a parochial vicar according to the norm of can. 471.

With dignities excepted, it pertains to the Bishop, having heard the Chapter, to confer all and individual benefices and canonries in both cathedral and collegiate churches, any contrary custom being reprobated and any contrary privilege revoked, but with a contrary law of foundation and the prescription of can. 1435 remaining firm.

§ 1. The Bishop is to confer canonries upon priests outstanding in doctrine and integrity of life.

§ 2. In the conferral of canonries, other things being equal, account is to be taken of those who have been declared doctors in sacred theology or canon law in some athenaeum, or who have laudably exercised ecclesiastical ministry or teaching, with the prescription of can. 130, Sec. 2 remaining firm.

§ 1. Dignities, canons, and beneficiaries, once legitimate possession of their benefice has been taken according to the norm of canons 1443-1445, immediately acquire according to their grade, besides their proper insignia and privileges, a stall in choir, the right of receiving fruits and distributions, and a voice in the chapter according to the norm of can. 411, Sec. 3.

§ 2. Concerning the profession of faith to be emitted by them before taking possession, the prescription of canons 1406-1408 is to be observed.

§ 1. To the Bishop, but not to the Vicar General nor to the Capitular Vicar, belongs the right of naming canons of honor, whether diocesan or extra-diocesan, with the counsel of the Chapter to which the canon is to be ascribed, but the Bishop is to use this right rarely and cautiously.

§ 2. When about to name a priest of another diocese a canon of honor, the Bishop, besides the counsel of his Chapter, is to obtain the assent of the Ordinary to whom the one to be named is subject, under penalty of invalid nomination, and is to inform the same Ordinary of the insignia and privileges whose use the one to be named will henceforth have.

§ 3. Canons of honor residing outside the diocese in which they have been named are to be fewer in number by a third part than the titular canons.

§ 1. Canons of honor of some basilica or collegiate church of the nourishing City can use privileges and insignia only within the bounds of that basilica or collegiate church and of its filial churches; but canons of honor of other churches outside the City are to use privileges and insignia only in the diocese where they have been named, but not outside the diocese, unless according to the norm of can. 409, Sec. 2.

§ 2. Canons of honor, besides insignia and privileges or honorific rights, also obtain a stall in choir.

§ 1. The cathedral Chapter precedes a collegiate one, even a distinguished one, also in the collegiate church itself; a distinguished Chapter precedes a non-distinguished one; in the same Chapter, with peculiar statutes or legitimate customs preserved, dignities, preserving among themselves the order of precedence, precede canons; older canons, namely those who took possession earlier, precede later ones; titular canons precede honorary ones; honorary ones precede beneficiaries; but dignities or capitulars adorned with episcopal character precede all dignities and canons constituted only in the presbyteral order.

§ 2. In Chapters in which there are distinct presbyteral, diaconal, and subdiaconal prebends, precedence of order is to be observed; and in the same order, precedence of reception into the order, not into the Chapter.

§ 1. In each church, both cathedral and collegiate, those who are constituted in episcopal dignity are to wear episcopal dress in choir; all the others, dignities, canons, and beneficiaries, are to wear the dress assigned to them in the bull of erection or granted by apostolic indult; otherwise they are considered as absent.

§ 2. They can use choral dress or special capitular insignia in the whole diocese in which the Chapter is, but, contrary custom being reprobated, not outside the diocese, unless they either accompany the Bishop or represent the Bishop or Chapter in Councils or other solemnities.

§ 1. Let each Chapter not lack its own statutes, to be religiously observed by all dignities, canons, and beneficiaries.

§ 2. Capitular statutes, established by a legitimate capitular act, are to be submitted to the Bishop for approval, without whose authority afterwards they can neither be abrogated nor changed.

§ 3. If, when the Bishop commands that statutes be made, the Chapter has neglected to provide this, after the sixth month from the intimation has elapsed, the Bishop himself is to make the same and impose them on the Chapter.

§ 1. At the stated time and place the assembly of canons is to meet to act concerning the business of its church and Chapter; other meetings besides can be held whenever this seems expedient either to the Bishop, or to the president of the Chapter, or to the greater part of the canons.

§ 2. For holding an ordinary meeting no special convocation is necessary; this however is required for an extraordinary meeting, and is to be made according to the capitular statutes.

§ 3. In chapters canons have a voice, honorary canons being excluded, and dignities, if together with the canons they constitute the Chapter according to the norm of can. 393, Sec. 2.

§ 1. Canons, whether of the cathedral church or of a collegiate church, invited by the Bishop when he solemnly celebrates Mass or exercises other pontifical functions, even in other churches of the city or suburb, must assist and serve him, provided that, in the Bishop's judgment, a sufficient number of canons and ministers remains in the church; and they are to accompany him as he goes to the cathedral church and returns, according to the norm of the Ceremonial of Bishops.

§ 2. The Bishop can assume and retain two from the Chapter, whether cathedral or collegiate, so that they may assist him in ecclesiastical ministry and in the service of the diocese.

§ 1. Any Chapter is held by the obligation of duly performing the divine offices daily in choir, with the laws of foundation preserved.

§ 2. The divine office comprises the psalmody of the canonical hours and the celebration with chant of the conventual Mass, besides other Masses to be celebrated either according to the rubrics of the Missal or from pious foundations.

§ 3. It is lawful for the hebdomadary to celebrate the conventual Mass without chant when, in the church, with pontifical rite, the Bishop or another in place of the Bishop celebrates.

All and each who obtain a choral benefice are held to perform the divine offices in the choir itself on individual days, unless service by turn has been granted by the Apostolic See or by the laws of foundation.

§ 1. If a cathedral or collegiate church is at the same time parochial, the juridical relations between the Chapter and the pastor are governed by the norms which follow, unless either an indult of the Apostolic See or a particular agreement entered into at the erection of the parish and legitimately approved by the local Ordinary provides otherwise.

§ 2. To the pastor belongs:

1° To apply Mass for the people and, at the due time, to preach and teach the faithful Christian doctrine.

2° To guard the parochial books and draw attestations from them.

3° To perform the parochial functions of which in can. 462. To discharge due funeral rites, to be performed in the church according to the norm of law, not excluding the funeral Mass, belongs to the Chapter only in the case in which there is question of the funeral of some dignity, or canon, even honorary only, or beneficiary.

4° To perform other functions not strictly parochial which are customarily done in parishes, provided that the choral service is not impeded, and that the Chapter does not perform the same functions.

5° To collect alms for the good of the parishioners, to receive those offered directly or indirectly, to administer them and distribute them according to the will of those offering.

§ 3. To the Chapter belongs:

1° To guard the most holy Sacrament of the Eucharist; but the other key of the sacred ciborium must be kept with the pastor.

2° To watch that in functions performed by the pastor in the capitular church the liturgical laws are observed.

3° To have care of the church and administer its goods with pious legacies.

§ 4. Neither is the pastor to impede capitular functions and duties, nor the Chapter parochial functions and duties; but when a conflict has arisen, the local Ordinary is to settle the question, who above all must take care that catechetical instruction and explanation of the Gospel always be held at an hour more convenient for the faithful.

§ 5. Not only can the Chapter not impede the pastor in exercising parochial care, but in addition capitulars are to know that they are held from charity, especially if designated coadjutors are lacking, to devote assisting work to him, according to the manner to be determined by the local Ordinary.

In the capitular statutes a just norm is to be designated, according to which canons and beneficiaries in the service of the altar perform by turn both the office of celebrant and also the ministry of deacon and subdeacon, yet with dignities, the canon theologian, the penitentiary, and, if distinct prebends are held, canons of the presbyteral order excluded from this ministry.

§ 1. The conventual Mass is to be applied for benefactors in general.

§ 2. A capitular detained by illness is not held to provide alms to the capitular priest who supplies his place in the celebration and application of the conventual Mass, unless the capitular statutes or particular custom provide otherwise.

§ 3. The custom can be observed of providing a stipend to the celebrant either from the accumulation of distributions or from the revenues of all prebends by contribution.

§ 1. Contrary custom being reprobated, canons and beneficiaries bound to daily choir can individually be absent only three months in the year, whether continuous or interrupted, provided that the statutes of their own church or legitimate custom do not require longer service.

§ 2. Without legitimate cause and special permission of the Bishop it is not lawful to take vacation during the time of Lent and Advent, or on the principal solemnities of the year of which in can. 338, Sec. 3; nor is it permitted that capitulars beyond a third part be absent at one and the same time.

§ 3. During the time of vacations distributions of every kind are lost, notwithstanding remission made by other capitulars; but the revenues of the prebend are received, or two thirds parts of the distributions, if all the revenues of the prebends consist in distributions.

§ 1. In churches in which not all attend choir at the same time, those who are bound to it cannot satisfy this obligation through another, except in particular cases, for a just and reasonable cause, and provided that the substitute at the same time is not bound to the service of choir, and is a canon in the same church if there is question of supplying the turn of a canon, a beneficiary if of a beneficiary; but those who are not bound to choir are not held by the obligation of residing in the place of the benefice during the days on which they are absent from choir.

§ 2. If anyone on the same day is pressed by the burden of both Masses, for the people and conventual, he himself is to celebrate and apply this latter personally, the former through another or personally on the following day.

§ 1. They are excused from choir in such a way that they receive the fruits of the prebend and the daily distributions:

1° Jubilated capitulars according to the norm of can. 422, Sec. 2.

2° The canon theologian on individual days on which he performs his duty.

3° The canon penitentiary while during the time of choir he is free for hearing confessions.

4° A parochial vicar or another from the Chapter, whether pastor or coadjutor, deputed by the Bishop, while he is free for parochial offices.

5° Those who by illness or another physical impediment are prevented from assisting at choir.

6° Those who elsewhere perform a pontifical legation or actually serve the person of the Roman Pontiff.

7° Those who are occupied with pious exercises according to the norm of can. 126; by this indult, however, they are freed from choral service only once in the year.

8° Those going, together with the Bishop or in his stead, to visit the Thresholds of the Apostles.

9° Those who are sent by the Bishop or Chapter to an Ecumenical, plenary, or provincial Council, or to a diocesan Synod.

10° Those who, with the consent of the Chapter and the Bishop not opposing, are absent from choir because of the utility of the Chapter or of their own church.

11° Those who assist the Bishop performing sacred things according to the norm of can. 412, Sec. 1.

12° Those who accompany the Bishop in the visitation of the diocese or conduct the visitation itself in his name and by his mandate.

13° Those who devote work to preparing processes in the causes of which in can. 1999 and following, or who have been called as witnesses in these causes, for the days and hours on which they perform this office.

14° Pastor consultors, examiners, and synodal judges, while they perform their proper duty.

§ 2. But the distributions which are called among the present are received only by those who are enumerated in Sec. 1, nn. 7, 11, 13, unless the express will of the founders stands in the way.

§ 1. They are excused from choir, but receive only the fruits of the prebend, not however the distributions:

1° Those who, with the permission of the local Ordinary, publicly teach sacred theology or canon law in schools recognized by the Church.

2° Those who devote work to the study of sacred theology or canon law in public schools approved by the Church, with the permission of the Ordinary.

3° The Capitular Vicar, the Vicar General, the officialis, and the chancellor, if they are from the body, while they are occupied with their duties.

4° Canons who serve the Bishop according to the norm of can. 412, Sec. 2.

§ 2. But if all the fruits of the prebend consist in distributions, or are so slender that they do not reach a third part of the distributions, then all those mentioned gain only two thirds parts of the distributions, accumulated from the fruits of the prebend and the distributions.

§ 1. Those enjoying a prebend can obtain only from the Apostolic See an indult of emeritus, or, as they say, jubilation, after continuous and laudable service of choir for forty years in the same or distinct churches of the same city or at least diocese.

§ 2. The jubilated one, even if he does not reside in the place of the benefice, receives both the fruits of the prebend and distributions even among the present, unless the express will of the founders or offerers, the statutes of the church, or custom stand in the way.

§ 3. The right of option, if it belongs by the law of foundation, does not belong to a jubilated capitular.