Chapter III: On a Religious Promoted or a Pastor

— I. On a religious promoted. One named a Cardinal or bishop, whether residential or titular, remains a religious, bound by vows and the other obligations of his profession, except those which he himself prudently judges cannot be composed with his dignity. He is exempted from the power of Superiors, and, by force of the vow of obedience, remains subject to the Roman Pontiff alone. Of goods which he had or which come to him, he recovers or obtains the use, usufruct, and administration. But dominion, if he himself is incapable, he acquires for the diocese, vicariate, or prefecture, if he has been a residential bishop, Apostolic Vicar, or Apostolic Prefect; otherwise he acquires it for the capable Order or the Holy See. A Cardinal besides freely disposes, even by testament, of benefice revenues, with the special law concerning sacred furnishings saved (cc. 626-628; 239, §1, n. 14 and 1298).

Having laid aside the cardinalate or episcopate, the religious must return to religion, but he can choose any house in which he may dwell; nevertheless he lacks active and passive voice.

— A religious who governs a parish remains bound to observing the vows and constitutions, insofar as this can stand with his office. He is subject to the religious Superior alone in those things which pertain to religious discipline; but in his office he undergoes the cumulative jurisdiction of the Superior and of the local Ordinary, so that the Ordinary prevails over the Superior. Alms for the persons or works of his parish he himself collects, administers, and spends, with the vigilance of his Superior saved; but to receive, collect, and administer alms for building, preserving, or adorning the parochial church pertains to the local Ordinary, or, if the church belongs to a religious community, to the Superior. For the investment of money which has been given in view of the parish, he must obtain the previous assent of the local Ordinary. A religious pastor is always removable at the will both of the local Ordinary, with the Superior notified, and of the Superior, with the local Ordinary notified, and this by equal right. Cf. cc. 630, 631, 454, §5.

— I. Religious promoted to the cardinalate or episcopate, and Apostolic Prefects, remain religious, bound by vows and obligations which can be composed with their state. By force of the vow of obedience they are subject to the Supreme Pontiff alone. They preserve or recover the usufruct of their goods; but dominion, if they themselves are incapable, they acquire for the diocese, vicariate, or prefecture over which they are placed; the rest, as before, acquire it for the Order or the Holy See. Cardinals freely dispose of benefice revenues.

II. A religious pastor, in carrying out his office, undergoes the cumulative jurisdiction of his own Superior and of the local Ordinary, so that the Ordinary prevails over the Superior. He is removable at the will of either.