Article — 1917 Code of Canon Law
Article III: Of Postulation
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
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Can. 179.§ 1. If an impediment stands in the way of the election of one whom the electors consider and prefer as more suitable, and concerning this impediment dispensation can and usually does occur, they themselves can, by their votes, unless something else is provided by law, postulate him from the competent Superior, even if there is question of an office for which the elected person does not need confirmation.
§ 2. Compromise delegates cannot postulate unless this has been expressed in the mandate or compromise.
§ 1. Si electioni illius quem electores aptiorem putent ac praeferant, impedimentum obest, super quo dispensari possit ac soleat, suis ipsi suffragiis eum possunt, nisi aliud iure caveatur, a competenti Superiore postulare, etsi agatur de officio, pro quo electus confirmatione non egeat.
§ 2. Compromissarii postulare nequeunt, nisi id in mandato aut compromisso fuerit expressum.
1983 Code correlation: can. 180
Cited by 6 passages
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article I: On Ecclesiastical Offices (cc. 145-195), § 1. The Notion and Provision of an Office, n. 55
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter VII: Of an Impeded or Vacant See and of the Capitular Vicar, can. 433
- 1917 Code of Canon Law, Book Two: Of Persons, Part Second: Of Religious, Title X: Of the Governance of Religions, Chapter I: Of Superiors and Chapters, can. 507
- 1917 Code of Canon Law, Book Two: Of Persons, Part Three: Of the Laity, Title XVIII: Of Associations of the Faithful in General, can. 697
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 180.§ 1. In order that postulation have force, the greater part of the votes must stand for it; indeed, if it occurs together with election, at least two thirds are required.
§ 2. A vote for postulation must be expressed by the word: I postulate, or an equivalent; the formula: I elect or postulate, or an equivalent, is valid for election if no impediment exists, otherwise for postulation.
§ 1. Ut postulatio vim habeat, pro ea stet oportet maior suffragiorum pars, imo, si cum electione concurrat, saltem duae tertiae partes requiruntur.
§ 2. Suffragium pro postulatione exprimi debet per verbum: postulo, aut aequivalens; formula: eligo vel postulo, aut aequipollens, valet pro electione, si impedimentum non exsistat, secus pro postulatione.
1983 Code correlation: can. 181
Cited by 6 passages
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article I: On Ecclesiastical Offices (cc. 145-195), § 1. The Notion and Provision of an Office, n. 55
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter VII: Of an Impeded or Vacant See and of the Capitular Vicar, can. 433
- 1917 Code of Canon Law, Book Two: Of Persons, Part Second: Of Religious, Title X: Of the Governance of Religions, Chapter I: Of Superiors and Chapters, can. 507
- 1917 Code of Canon Law, Book Two: Of Persons, Part Three: Of the Laity, Title XVIII: Of Associations of the Faithful in General, can. 697
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 181.§ 1. The postulation must be sent at least within eight days to the Superior to whom it belongs to confirm the election, if he has the faculty of dispensing from the impediment; otherwise to the Roman Pontiff or to another having the faculty.
§ 2. If the postulation has not been sent within the prescribed time, it becomes null by that very fact and the electors for that occasion are deprived of the right of electing or postulating, unless they prove that they were detained by a just impediment from sending the postulation.
§ 3. Through postulation no right is acquired by the one postulated, and the Superior is permitted to reject it.
§ 4. The electors cannot revoke a postulation presented to the Superior unless the Superior consents.
§ 1. Postulatio saltem intra octiduum mitti debet ad Superiorem ad quem pertinet electionem confirmare, si facultatem habeat ab impedimento dispensandi; secus ad Romanum Pontificem aut ad alium habentem facultatem.
§ 2. Si intra praescriptum tempus postulatio missa non fuerit, ipsa facto nulla evadit et electores pro ea vice privantur iure eligendi aut postulandi, nisi probent se a mittenda postulatione iusto detentos fuisse impedimento.
§ 3. Per postulationem nullum ius postulato acquiritur, et Superiori licet eandem repellere.
§ 4. Praesentatam Superiori postulationem electores revocare non possunt, nisi Superiore consentiente.
1983 Code correlation: can. 182
Cited by 6 passages
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article I: On Ecclesiastical Offices (cc. 145-195), § 1. The Notion and Provision of an Office, n. 55
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter VII: Of an Impeded or Vacant See and of the Capitular Vicar, can. 433
- 1917 Code of Canon Law, Book Two: Of Persons, Part Second: Of Religious, Title X: Of the Governance of Religions, Chapter I: Of Superiors and Chapters, can. 507
- 1917 Code of Canon Law, Book Two: Of Persons, Part Three: Of the Laity, Title XVIII: Of Associations of the Faithful in General, can. 697
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 182.§ 1. When the postulation has been rejected by the Superior, the right of electing returns to the college, unless the electors knowingly postulated one who is held by such an impediment from which dispensation cannot or usually does not occur; for then the provision belongs to the Superior.
§ 2. But if the postulation has been admitted, this is to be signified to the one postulated, who must respond according to the norm of can. 175.
§ 3. If he accepts it, full right in the office is immediately acquired by him.
§ 1. Reiecta a Superiore postulatione, ius eligendi ad collegium redit, nisi electores scienter illum postulaverint qui tali detinetur impedimento in quo nequeat aut non soleat dispensari; tunc enim provisio ad Superiorem pertinet.
§ 2. Quod si postulatio admissa fuerit, id significetur postulato qui respondere debet ad normam can. 175.
§ 3. Si eam acceptet, plenum ius in officio eidem statim acquiritur.
1983 Code correlation: can. 183
Cited by 6 passages
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article I: On Ecclesiastical Offices (cc. 145-195), § 1. The Notion and Provision of an Office, n. 55
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter VII: Of an Impeded or Vacant See and of the Capitular Vicar, can. 433
- 1917 Code of Canon Law, Book Two: Of Persons, Part Second: Of Religious, Title X: Of the Governance of Religions, Chapter I: Of Superiors and Chapters, can. 507
- 1917 Code of Canon Law, Book Two: Of Persons, Part Three: Of the Laity, Title XVIII: Of Associations of the Faithful in General, can. 697
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413