Article I: Of Free Conferral

The local Ordinary has the right of providing for ecclesiastical offices in his own territory, unless something else is proved; nevertheless the Vicar General lacks this power without a special mandate.

§ 1. The one to be promoted to a vacant office must be a cleric endowed with those qualities which are required for the same office by common law, particular law, or the law of foundation.

§ 2. All things considered, the more suitable one is to be taken, without any acceptance of persons.

§ 3. When the one provided lacks the required qualities, the provision is null if this is provided by common or particular law or by the law of foundation; otherwise it is valid, but can be invalidated by a sentence of a legitimate Superior.

Offices which carry with them the care of souls, whether in the external forum or in the internal forum, cannot be validly conferred upon clerics not yet initiated into the priesthood.

The provision of offices for which no term has been prescribed by a special law is never to be deferred beyond six useful months from notice of the vacancy having been received, with the prescription of can. 458 remaining firm.

§ 1. Two incompatible offices are not to be conferred upon anyone.

§ 2. Offices are incompatible which cannot be fulfilled at the same time by the same person.

§ 3. With the prescription of can. 188, n. 3, remaining firm, the granting of another office made by the Apostolic See is not valid unless mention of the prior incompatible office is made in the petition, or a derogatory clause is added.

An office vacant by resignation or by a sentence of privation cannot be validly conferred by the Ordinary who accepted the resignation or issued the sentence upon his own relatives, or upon the relatives, blood-relatives, or affines of the resigning person, up to and including the second degree.

One who, supplying for another's negligence or inability, confers an office acquires from this no power over the person nominated; but the juridical status of this person is constituted just as if the provision had been carried out according to the ordinary norm of law.

The provision of any office whatsoever is to be committed to writing.