Treatise III: On Laypersons

Utility. - To be instructed concerning the juridical relations of laypersons is equally useful to clerics and laypersons: to clerics, so that they may fulfill the offices which correspond to rights; to laypersons, so that they may be more affected toward the Church and may obey her admonitions with a more prompt soul. Moreover, by a distinct knowledge of ecclesiastical and lay associations, even dissensions can be avoided.

— I. General notions.

Writers of moral theology are accustomed in this place to observe some things concerning the various offices which are incumbent upon laypersons according to their various condition: for example, judges, advocates, witnesses, defendants, physicians, masters, workmen. Yet these distinguish persons more in civil society than in the Church. Nor, especially today, is the reason clear why something should be said in specie concerning these few kinds of persons, while many others are omitted. Wherefore the things better to be noted opportunely are treated in the individual chapters on virtues, so that we may confine the discussion to the state which they commonly have in the Church alone.

By baptism a man is constituted a person in the Church (c. 87). But persons in the Church, by divine institution, are distinguished into clerics and laypersons, although not all clerics are of divine institution (c. 107). The rights and offices of Christians are common to clerics and laypersons; but this difference exists between each genus, that laypersons, by canon law, are incapable of ecclesiastical jurisdiction. By canon law, I say, from which therefore the Pope can dispense, and the Pope himself, by divine law, is immune: for every baptized Catholic, possessing the use of reason, can validly be chosen Supreme Pontiff.

Laypersons are prohibited from wearing clerical habit, with seminarians and others who aspire to orders excepted; excepted also are laypersons who are legitimately dedicated to the service of the church, "while they are within the same church, or outside it have a part in some ecclesiastical ministry" (c. 683).

But they "have the right of receiving from the clergy, according to the norm of ecclesiastical discipline, spiritual goods, and especially the helps necessary for salvation" (c. 682).

Nevertheless ascription to a non-Catholic sect and censure, especially excommunication, stand in the way of that right in a certain measure (c. 87).

A baptized person is never stripped of every right, since in the baptismal character he preserves a title to special solicitude and, in the hour of death, to the administration of the necessary sacraments.

— II. On associations of the faithful. In the Part on laypersons the Code treats of associations of the faithful, not because they exclude clerics, but because they are destined also to non-clerics or laypersons.

Moreover, some associations of the faithful are of ecclesiastical origin, because of a formal decree of erection, or at least a prerequisite approval of the Church (c. 686); while others are of lay origin and nature, although, if they pursue a pious end, they are honored by praises of ecclesiastical power and indulgences. The former are governed by cc. 685 ff.; the latter are not excluded by the commendation of c. 684, but exist by their own reason and are not subject to bishops except according to c. 316, §2. Cf. in the Corrientes case, November 13, 1920, the Votum of the Consultor, concerning the Conferences of St. Vincent de Paul, A. A. S., XIII, p. 135 ff.

Moreover, Catholics are praised who give their name to associations commended by the Church; and associations of ecclesiastical character are reserved to Catholics who are not ascribed to a condemned sect or public sinners (c. 693). Of these, some associations promote a more perfect Christian life among the members, and are Third Orders; others exercise defined works of piety or charity, and are Pious Unions; others are constituted for the increase of public worship, and in the Code are called Confraternities (cc. 685, 702, 707). Before the Code, the word Confraternity was more generic.

The faithful are turned away "from associations which are secret, condemned, seditious, suspect, or which strive to withdraw themselves from the legitimate vigilance of the Church" (c. 684).

— The rights and offices of Christians are common to clerics and laypersons; laypersons are prohibited from wearing clerical habit, unless in ecclesiastical ministries, or unless they aspire to orders.

Unless censure or ascription to a non-Catholic sect stands in the way, they have the right of receiving from the clergy, according to the norm of ecclesiastical discipline, spiritual goods and helps.

Associations erected or approved by the Church are reserved to Catholics; these associations either promote a more perfect Christian life among members, namely Third Orders; or exercise defined works of piety or charity, namely Pious Unions; or are constituted for the increase of public worship, namely Confraternities.

The faithful are turned away from secret, condemned, or suspect associations.