Title XVII: Of Delicts against the Obligations Proper to the Clerical or Religious State

Priests who, neither dispensed by the Ordinary nor detained by a legitimate impediment, have refused to make the examination of which in can. 130, are to be compelled to it by the Ordinary with congruent penalties.

Priests contumacious against the prescription of can. 131, Sec. 1, the Ordinary is to punish according to his prudent judgment; but if they are religious confessors not having care of souls, let him suspend them from hearing confessions of seculars.

Major clerics who in sacred ministry gravely neglect the rites and ceremonies prescribed by the Church and, having been warned, have not amended themselves, are to be suspended according to the diverse gravity of the guilt.

Clerics who, against the prescription of can. 136, do not wear ecclesiastical habit and clerical tonsure are to be gravely warned; when a month from the warning has passed uselessly, as regards minor clerics let the prescription of the same can. 136, Sec. 3 be observed; but major clerics, with the prescription of can. 188, n. 7 preserved, are to be suspended from the orders received, and if they have notoriously passed over to a kind of life foreign to the clerical state and, again having been warned, have not come to their senses, after three months from this last warning they are to be deposed.

Clerics or religious exercising trade or business by themselves or through others against the prescription of can. 142 are to be coerced by the Ordinary with congruent penalties according to the gravity of the fault.

One who obtains an office, benefice, or dignity with the burden of residence, if he is illegitimately absent:

1° By that fact is deprived of all fruits of his benefice or office in proportion to the illegitimate absence, and must hand them over to the Ordinary, who is to distribute them to a church or to some pious place or to the poor.

2° Let him be deprived of office, benefice, or dignity, according to the norm of can. 2168-2175.

If a pastor has gravely neglected the administration of Sacraments, assistance of the infirm, instruction of children and of the people, the sermon on Sundays and other feasts, the care of the parochial church, of the most holy Eucharist, and of the sacred oils, he is to be coerced by the Ordinary according to the norm of can. 2182-2185.

A pastor who has not diligently written up or preserved parochial books according to the norm of law is to be punished by his own Ordinary according to the gravity of the fault.

A canon theologian and a penitentiary negligent in carrying out their functions, the Bishop is to compel gradually by warnings, by threat of penalties, by subtraction of a portion of the fruits to be assigned to those who supply their places; and, if negligence endures for a whole year after warning, let him strike them with suspension from benefice; but if negligence is prolonged through another six months, let him deprive them of the benefice itself.

With the prescription of can. 646 remaining firm, a religious who is an apostate from religion incurs by the law itself excommunication reserved to his own major Superior or, if the religion is lay or non-exempt, to the Ordinary of the place in which he dwells; he is excluded from legitimate ecclesiastical acts and deprived of all privileges of his religion; and if he returns, he perpetually lacks active and passive voice, and moreover must be punished by Superiors with other penalties according to the gravity of the fault according to the norm of the constitutions.

A fugitive religious incurs by the fact itself privation of office, if he has any in religion, and suspension reserved to his own major Superior, if he is in sacred orders; but when he returns, let him be punished according to the constitutions, and if the constitutions provide nothing concerning this, let the major Superior inflict penalties according to the gravity of the fault.

A religious cleric whose profession has been declared null on account of fraud admitted by himself, if he is constituted in minor orders, is to be cast out from the clerical state; if in major orders, he remains suspended by the fact itself until another thing shall have seemed good to the Apostolic See.

§ 1. Clerics constituted in sacred orders, or regulars or nuns after a solemn vow of chastity, and likewise all presuming to contract marriage, even only civilly, with any of the aforesaid persons, incur latae sententiae excommunication simply reserved to the Apostolic See; clerics moreover, if, having been warned, they have not come to their senses within a time predefined by the Ordinary according to the diversity of circumstances, are to be degraded, with the prescription of can. 188, n. 5 remaining firm.

§ 2. But if they are professed of simple perpetual vows both in Orders and in religious Congregations, excommunication holds all, as above, latae sententiae reserved to the Ordinary.

Religious violating in a notable matter the law of common life prescribed by the constitutions are to be gravely warned and, amendment not having followed, are to be punished even by privation of active and passive voice and, if they are Superiors, also of office.