Chapter VII: Of an Impeded or Vacant See and of the Capitular Vicar

§ 1. When the see has been so impeded through the captivity, relegation, exile, or incapacity of the Bishop that he himself cannot communicate with the diocesans even by letters, the governance of the diocese, unless the Holy See has provided otherwise, is to be in the hands of the Bishop's Vicar General or another ecclesiastical man delegated by the Bishop.

§ 2. In such a case, the Bishop can, for a grave cause, delegate several who are to succeed one another in the duty.

§ 3. If these are lacking, or, as was said above, impeded, the Chapter of the cathedral church is to constitute its own Vicar, who is to assume governance with the power of a Capitular Vicar.

§ 4. The one who has undertaken the diocese to be governed, as above, is as soon as possible to advise the Holy See concerning the impeded see and concerning the duty assumed.

§ 5. If the Bishop has fallen into excommunication, interdict, or suspension, the Metropolitan, or if he is lacking, or if there is question of the same, the older among the Suffragans, is immediately to have recourse to the Apostolic See so that it may provide; but if there is question of a diocese or prelature of which in can. 285, the Metropolitan who was legitimately elected is held by the obligation of having recourse.

§ 1. The episcopal see is vacant by the Bishop's death, resignation accepted by the Roman Pontiff, transfer, and privation intimated to the Bishop.

§ 2. Nevertheless, with the conferral of benefices or ecclesiastical offices excepted, all things have force which have been done by the Vicar General until he has received certain notice of the Bishop's death, or by the Bishop or Vicar General until certain notice of the aforesaid pontifical acts has reached them.

§ 3. From certain notice of transfer, within four months the Bishop must seek the diocese to which he has been transferred and assume canonical possession of it according to the norm of canons 333, 334; and from the day possession has been taken, the diocese from which he was transferred is fully vacant; meanwhile in the same diocese the Bishop:

1° Obtains the power of the Capitular Vicar and is held by the same obligations, any power of the Vicar General ceasing.

2° Preserves the honorific privileges of residential Bishops.

3° Receives the integral fruits of the episcopal mensa according to the norm of can. 194, Sec. 2.

§ 1. When the see is vacant, unless there is an Apostolic Administrator or provision has otherwise been made by the Holy See, the governance of the diocese devolves to the Chapter of the cathedral church.

§ 2. If anywhere, from a special disposition of the Holy See, an Archbishop or another Bishop designates the Administrator of the vacant diocese, this one has all and only those faculties which belong to a Capitular Vicar, subject to the same obligations and penalties.

§ 1. The Chapter of the cathedral church, when the see is vacant, within eight days from receiving notice of the vacancy, must constitute a Capitular Vicar who is to govern the diocese in its place and, if the duty of receiving fruits falls upon him, one or more faithful and diligent economes.

§ 2. If the Chapter within the prescribed time has deputed no Vicar or econome, for any cause whatsoever, the deputation devolves to the Metropolitan; but if the metropolitan church itself has been vacant, or the metropolitan and suffragan churches at the same time, to the older from among the suffragan Bishops.

§ 3. Also when a diocese, abbey, or prelature of which in can. 285 is vacant, if the Chapter within eight days has not named a Vicar or econome, the Metropolitan who was legitimately elected according to the norm of the cited canon is to constitute this one, unless in a religious abbey or prelature nullius provision is made otherwise according to the norm of the constitutions.

§ 4. The Chapter as quickly as possible concerning the death of the Bishop, and then the one elected as Capitular Vicar concerning his election, are to make the Apostolic See more certain.

§ 1. One Capitular Vicar is to be deputed, contrary custom being reprobated; otherwise the election is invalid.

§ 2. The constitution of the Capitular Vicar and of the econome must be made through a capitular act according to the norm of canons 160-182, with the peculiar norms of this Chapter preserved, and for its validity an absolutely greater number of votes is required, null votes having been removed.

§ 3. The same person can be deputed as Capitular Vicar and econome.

§ 1. A cleric cannot validly be deputed to the duty of Capitular Vicar who has not yet been promoted to the sacred order of the presbyterate, or has not completed the thirtieth year of age, or has been elected, nominated, or presented to the same vacant see.

§ 2. The Capitular Vicar is furthermore to be a doctor or licentiate in theology or canon law, or at least truly expert in those same disciplines; and in him integrity of morals, piety, and sound doctrine are to harmonize with praise of prudence.

§ 3. If the conditions prescribed in Sec. 1 have been put aside, the Metropolitan, or if the metropolitan church has been vacant, or there is question of the metropolitan Chapter itself, the older Bishop of the province, the truth of the matter having been recognized, is to depute a Vicar for that turn; moreover the acts of the one who had been elected by the Chapter are null by the law itself.

§ 1. Just as to the Chapter before the deputation of the Capitular Vicar, so thereafter to the Capitular Vicar passes the ordinary jurisdiction of the Bishop in spiritual and temporal matters, excepting those things which in law are expressly prohibited to the same.

§ 2. Therefore the Chapter and afterwards the Capitular Vicar can do all things which are enumerated in can. 368, Sec. 2; likewise they are strong in the faculty of permitting any Bishop to exercise pontifical functions in the diocese; indeed, if the Capitular Vicar is a Bishop, he himself can exercise the same, yet with the use of a throne with baldachin excluded.

§ 3. It is not lawful for the Capitular Vicar and the Chapter to do anything which could bring some prejudice either to the diocese or to episcopal rights; specifically, the Capitular Vicar and others, whether of the Chapter or outsiders, clerics or lay persons, by themselves or through another, are prohibited from subtracting, destroying, concealing, or altering any documents whatsoever of the episcopal Curia.

When the see is vacant, let nothing be innovated.

In constituting a Vicar, the Chapter can retain for itself no part of jurisdiction, nor define beforehand a time for the duty to be carried out, nor set in advance any other restrictions.

The Capitular Vicar, after the profession of faith of which in canons 1406-1408 has been emitted, immediately obtains jurisdiction, without any confirmation being necessary.

The same things which have been prescribed in can. 370 concerning the Vicar General are to be understood as said also concerning the Capitular Vicar.

The Capitular Vicar is held by the obligation of residing in the diocese and of applying Mass for the people according to the norm of canons 338, 339.

Unless provision has otherwise been legitimately made:

1° The Capitular Vicar and the econome have the right to a suitable remuneration, designated in the provincial Council or customarily granted by received custom, to be taken from the revenues of the episcopal mensa or from other emoluments.

2° The other emoluments, during the time in which the episcopal see has been vacant, are to be reserved for the future Bishop for the necessities of the diocese, if they would have pertained to the Bishop when the church was not vacant.

The econome is to conduct the care and administration of ecclesiastical goods and revenues, under the authority, however, of the Capitular Vicar.

§ 1. The removal of the Capitular Vicar and of the econome is reserved to the Holy See; resignation is to be exhibited to the Chapter in authentic form, by which however it is not necessary that it be accepted in order to be valid; moreover the constitution of a new Vicar or econome after the resignation, death, or removal of the prior one pertains to the Chapter itself, to be made according to the norm of can. 432.

§ 2. Their duty furthermore ceases through possession begun by the new Bishop according to the norm of can. 334, Sec. 3.

§ 1. The new Bishop must demand an account from the Chapter, from the Capitular Vicar, from the econome, and from other officials who were constituted while the see was vacant, of the offices, jurisdiction, administration, or duty of each of them, and must take action against those who have failed in their office or administration, even if, when accounts had been rendered, they had obtained absolution or release from the Chapter or from deputies of the Chapter.

§ 2. The same persons are to render account to the new Bishop of writings pertaining to the Church, if any have come to them.