44136 CLERGY PROCEDURAL HANDBOOK EDITED BY RANDOLPH R. CALVO AND NEVIN J. KLINGER of America 20064TABLE OF CONTENTS 44136 Ackoumdedgancats« excoptgh 1992 by Canon Law Society of Ameria Abbreviations IsAN: 0985616573 Introduction A New Law fo Cleray SAN 2376 Mando R Cabo and Nevin Zinger << osscecsesveee 2 PART ONE: INCARDINATION All rights reserved, No part of this book may be reproduced in any manner without the permission of the copyright holder, except for brief quotations in L critical reviews and articles, cal Notes: The Clergy and the Diocese BREER OS ‘The Permanent Diaconate M. ecesologit and Canonical Pringpes of Incarnation James H. Provost. ‘Who We Are as Church eee 38 » Right and Oban ‘Their Sources .......38 = Faculties . 45 ‘© Assignment to Mini lar PART TWO: PROCESSES Canon Law Society of America IV. General Principles Governing All Administrative Processes ‘The Catholic University of America wens ceveeneeeeeeS2 Washington, D.C. 20064 3 . 3 1992 + The Interpretation of Administrative Acts ............55 + Requirements for Valid and Administrative Acts... 55ML vu. vu IL TABLE OP CONTENTS ‘The Cessation or Revocation of Admi +38 General Decrees 158 Individual Decrees... 239 ‘The Right to Seek Recourse 8 «Religious Clergy = Secular Clergy 1 = Clergy from Foreign 92 + Appendix: Sample D. +93 Faculties James H. Provost ....... = 98 * Authority to Grant Faculties. 98 Necessary Faculties . . 99 Optional Faculties 100 + Appendix: Sample Documents 101 Ecclesiastical Office Removal From Ecclesiastical Office Appendix: Sample Documents Leaves of Absence John P. Beal .... General Principles. Health Leaves eee nen Leave for Ci 1g Formation or Renewal . ‘Temporary Transfer or Loan Permanent Deacons .. XI, TABLE OF CONTENTS a + Administrative Leave... = 168 + Personal Leave of Abs 170 + Unauthorized Leaves . . m1 + Appendix: Sample Documents . focesses Involving Irregularities and Impediments impediment Procedures . + The Irregular or Impeded Cleric + "he Dispensation o Coan of imeplris and Impediments. 197 © Appendix: Sample Documents... 2002222... sc... 200 Processes which Govern the Application of Penalti Gregory Ingels = + 206 + Penal Remedies, 2 208 + Appendix: Sample Documents ......... 2: 230 Processes for Departure fri the Clerical State + Procedures for Dispe + Necessary Documents . . + Appendix: Sample Documes Senior Status and Retirement Paul A. DiGiralomo . 26 + The Question Whether Retirement is Voluntary + The Rights of the Retired Clergy + Pension Plans : se 280 38 Contributors. ‘i cecveeeeeeeeeees sess D2ACKNOWLEDGEMENTS ‘This work represents a collaboration which began in August of 1989 when the editors of this Handbook along with Donald B. Espen met as the Clergy Issues Committee of the Canon Law Society to determi ign. During that meeting several clergy personnel directors from the dioceses in the San Francisco Bay Area provided initial input in setting the direction of this project. In the Fall of the same year, twenty-one canonists from around the United States gave their reactions to and suggestions for the proposed work. ‘The authors of this Handbook did not work alone in drafting their respective chapters. Along with the Clergy Issues Committee they met three times to discuss each other’s chapter so as to provide a work whose parts are integrated with each other. Each author also consulted with others in drafting his chapter. This work is, thus, the product of aa interaction of practice, experience, and expertise and not simply a collection of individual research or canonical opinions. ‘The editors are grateful for the assistance of Bishop Michael J. Murphy, William J. Conn ‘The editors give ther heartfelt thanks tothe authors of this Handbook, for their work, their exchange of ideas and their concern for the welfare of the Church; Gregory Ingels for his untiring and ready technical assistance in preparing the text for publication; and Edward M. Calvo of Calvo Baterprises ‘of Guam and the National Federation of Priests’ Councils for their financial cLsa CLSA Commentary DH ES os LG PO ABBREVIATIONS Acta Apostolicae Sedis, Rome, 1909-. Acta Sanciae Sedis, Rome, 1865-1908, Vatican Il, decree Christus Dominus, AAS 58 (1966) 673-696. canon Law O'Connor. Vols. Bruce Publishing C supplements, Chicago: Canton Law Dige Vol. 11, ed. by Edward G. Pfnausch, Washington D.C: Canon Law Society of America, 1991-. by T. Bouscaren and J. ilwaukee-New York: “The 1934-1969, Vols, 7-10 and 1975-1986, Canon Law Society of America ‘The Code of Canon Law: A Text and Commentary, ed, by James A. Coriden, et al. New York/Mahwab: (Bologna: Istituto per le is humanae, AAS 58 (1966) Paul VI, motu proprio Ecclesiae sanctae, August 6, 1966, AAS 58 (1966) 757-787, Vat pastoral co Gaudium et spes, AAS 58 (1966) 1025-111: Vatican TI, dogmatic const AAS 51 (1965) 5-75. tion Lumen gentium, Conference of Catholic Bishops. an Il, decree Presbyteronum ondinis, AAS 58 91-1024,INTRODUCTION ANEW LAW FOR CLERGY RANDOLPH R. CALVO NevIN J. KLINGER The 1983 Code of Canon Law brought significant changes in the law for the clergy. Fundamental in this change is the ecclesiology that grounds this the theology of the Second Vatican Council, The new law the council's statements on the rs, There have also been changes expression of the rights and obligations of clerics and the norms and cctesisil ofc tion of the law concerning the knowledge of the new law and 1" The resolution fon the clergy can impact on the morale the people of God.” 1¢ CLSA’s resolution. It fulfills the mandate ngether in a comprehensive manner the 1¢ law on the clergy, thereby making the new few accesible for practioner in personel matters as well forall deacons and priests. Although this work deals taining to all deacons and ligious clerics, it does not adéress clerical matters specific to the religious state, he clergy, especially ¢ issue of the affect the Church's of the clergy and on t INCARDINATION The overall focus and starting point of this Handbook is the canonical ‘and obligations for a cleric, It defines the clerics relationship to a particular2 [ANEW LAW FOR CLERGY church. In one way or another, directly or procedures presented in this Handbook des ‘A PROCEDURAL HANDBOOK ‘This work is a procedural handbook. It is not intended as a commentary on the Code of Canon Law or a textbook on canon law; rather, itis meat be a to t bishops, chancery officials, personne persons in understanding the principles and procedures involved in the law for the clergy. ‘The primary thrust ofthis Handbook isto set forth the procedures relating to various aspects of clerical life, ¢, incardination, assignment to an office, fer, removal, leaves of absence, penal matters, ion and retirement. imes the code itself specifies the process involved ina given issue, e.g, the transfer and removal of pastors. At other times, to understand a given process requires relating various norms within the code, eg, applying the ‘Process for administrative acts in canon 50 to the assignment to an ecclesiasti cal office. The code has some processes which may elude the untr those relationship to a given issue may not be evide din canon law, This Handbook has sought to pull together in a ic manner these various processes that relate to key aspects of clerical te hile the greater section of this Handbook concerns procedures, the fi rovides a substantive foundation. Part One deals with the history, "gy and canonical principles related to incardination whereas Part Two deals with processes. Both parts form a whole: the processes in Part ‘Two cannot be applied properly without the understanding Part One provides. The second sect Handbook begins with a chapter on the principles processes, forming a basis for understanding the ¢ subsequent chapters. Each chapter in Part Two ends ith an appendix providing sample fended as examples to assist the ner in drafting a decree or letter in a speci notice that these samples assume a variety taken as an immutable bl some of the authors have added levity in the documents. The samples do contain, however, the requisite elements for the appropriate document. AA NEW LAW FOR CLERGY 3 User, Be FRIENDLY ‘This Handbook is not a stand-alone reference work. It is meant to be used im tandem with the Code of Canon Law and a commentary on the law, namely, the CLSA Commentary, hough the purpose fan accurate understanding of the relevant princi cleric needs a canonical advocate, he can seek a r the Executive Coordinator of the Canon LawPART ONE INCARDINATIONCHAPTER ONE HISTORICAL NOTES: THE CLERGY AND THE DIOCESE JOHN E, LYNCH, CSP. 1. INCARDINATION Tl, THE EARLY CHURCH: ITINERANT TO STABLE MINISTRY II, THE TITLE OF ORDINATION IV, “THE SECOND VATICAN COUNCIL V. POPE PAUL VI: ECCLESIAE SANCTAE < ‘THE PERMANENT DIACONATE VII. CONCLUSIONS T. “INCARDINATION” the time of Pope Gregory the Great transfer a cleric from the church of his (0 another church. From this basic concept derived, several centuries later, the name for the group of papal advisors in Rome known as the college of cardinals They were originally clergy from other churches who in the four greater basilcas of Rome. From the ‘not appear in the canons of the 6 HISTORICAL NOTES: THE CLERGY AND THE DIOCESE 7 Council of Trent. “Widespread use of the term incardination along with its, correlative excandination began only in the latter part of the ninetcemty century, ‘oman curia adopted it to signify the permanent attachment of a cleric oa new diocese after transfer from another.* ‘The need of priests from Europe to aid the mission churches in America prompted the development of a terminology for canonical transfer, In 1829 the First Provincial Council of Baltimore used the classical Latin word cooptare (to reecive or a 4 foreign cleric in the service of a chut assigned the term a broader comprehension than it had ever had bef is, a permanent attachment (0 a diocese, whether by an initial adm subsequent transfer. Canon 111, §2, provided: “Through the reception of first tonsure a cleric is attached or, a they say, incardinated to a diocese for whose service he was promoted.” ‘Since adequate pastoral care requires an appropriate measure of mutual knowledge ("I know mine and mine know me” John 10:14), which can be ‘tained only over a period of time, the spiritual well-being ofthe people would suffer without a stable ministry. ‘The bishop, the one ultimately responsible for providing the past rely upon the more or less permanent attachment conducive to necessary ove weeding out of unworthy Not only in the supervision of the clergy but also in the protection of diocesan rights does the Church at large find the fixed attachment of the clergy advantageous. After a local church has borne all the labor and expense in procuring and educating its ministers, justice would not be served if they could be enticed to move elsewhere. Respect for the rights of ap: church, however, will have to be balanced by proportionately greater needs in ‘other areas, especially the missions. Out §, 189, Deereta 2 (Mans 39:29)8 HISTORICAL NOTES: THE CLERGY AND THE DIOCESE f the clergy, as well, there are compelling reasons for the nds them to the diocese. First, they have the guarantee of people and a blow to an assignment but was forced to remain idle or to engage in non-religious work. Bishops are warned not to ordain more clergy than are needed, Second, as a corollary, the clergy are assured of lifetime sustenance through their commitment to the serviee of the II, THE EARLY CHURCH: ITINERANT TO STABLE MINISTRY To appreciate the current discipline on incarc religious institut cal survey of beginning should prove helpful. Though carl from place to place, and in chapter 15 of episcopoi and cted by the local community from among its members: ‘them, for they hold an honorable rank among you along with and teachers."* took almost two centuries for the fixed ministry to become uniform throughout the Christian world. In many instances a collegial leadership, referred rently as episcopol and presbuteroi, governed the local church, Eventually the model espoused in the epistles of St. Ignatius of Antioch, one bishop surrounded by a group of presbyters and subordinate deacons, prevailed” "Raymond F. Brown, “Epistopé and Eplstopos” Thologcal Sues 41 (198) 332-338. HISTORICAL NOTES: THE CLERGY AND THE O1OCESE 9 In all the church ord congregat significance ‘own rules of canonical discipline.” society it is not surprising that the leaders or the with a specific community and not interchangeable with ed the congregat bya soluble 3s that of marriage.” For a withop to leave his congregation for another one elsewhere was so unusual that the first recorded ‘with the common consent ofthe bishops who were administering the ch about, they compelled him to remain,’10 HISTORICAL NOTES: THE CLERGY AND THE DIOCESE mn could sever the tie that bound transfer (o another. rginal see so that he co Although ia the bishops would be permitted, early concili dlergy moving from place decreed in its second canor remain in the place where they had ‘twenty-one, imposed the penalty of d did not do’so.” In the en ordained and then, in canon ion on presbyters or deacons who ing clerey had become parts contrary to the canon, shall be bishops nor presbyters nor deacons sk after the decision of this holy and gre: 1d himself to such a proceeding, the ar ‘ment shall be totally annulled, and he shall be restored to the church (of which he was ordained bishop or presbyter or deacon.” ‘The council had in mind clergy who were seeking more lucrative positions in the larger cities. As the Council of Sardica (343) observed with a touch of cicism, “no bishop has yet been found who would move from a greater to ger sces are motivated by greed, At about the same time the Council of "Corpus Orssanoram 1489, 13, With the posible exception ofthe Council of Eira whose date is dispute, At HISTORICAL NOTES: THE CLERGY AND THE DIOCESE u sry was so intimately related to the local church th: ion idual from somewhere else was considered invalid. The ‘of Sardica ruled that no bishop is to solicit a churchman from another order to ordain him for his own diocese; if he does so without the a of the man’s bishop, the ordination is null! The Council of Elvira in Spain forbade anyone baptized in another diocese to be advanced to the clergy.” IM, THE TITLE OF ORDINATION ‘A. The Specific Assignment nis and he was said to be intindanus: ‘The term derives from a Roman custom of indicating the owner of a dwelling by an inscription or ttulus placed over the doorway. When a private house was converted to a place of worship "ce, Wand 1S, Fon 1X22 HISTORICAL NOTES: THE CLERGY AND THE DIOCESE the cleric assigned to its service was ime came to considered the clerics guaraatee of livelihood. At the beginning, the clergy were supported from » common fund. In the West the bishop would divide the offerings made (0 the Church into four ‘one for himself, one for the clergy, a third for the maintenance of church buildings, and a fourth for the relief of the poor." In the sixth century, however, with an iuerease in the number of rural churches, it proved more practical for the clergy to administer the income and to send the bishop only the share allotted for his own support B. The Benefice ‘As the Church came into possession of more and more real property, the this purpose by a formal act of ecclesiast final stage of develo the support of a cleric. A benefice in the ‘the right given permanently by the ceclesiastical revenues on account of the p% etlien du press oss. Pope Geladus 454 AD HISTORICAL NOTES: THE CLERGY AND THE DIOCESE B service."™ By the eleventh century the sytem of benefices had been univer. sally adopted. Whereas previously the parish church, shrine or monastery (the ius) had been the clerics guarantee o livelihood, the benefice now became guarantee ani a file came to mesn, sustenance rather than the place of employment." C. Patrimoay Bishops had long been varned ‘moderate the number of ordinations in accor churches. But since benefices ‘on the income from land, provinc titles only for priests and deacons’ the number of wandering clerics that the Third Lateran 1 bishop ordsins somcone as from which he may draw the vith what he neods unt he shall -al service in some church, unless it happens thatthe person ordained isin suoh a position that he can find the from bis own or family intertan sanctioned a second ttle of ordination oF reinterpreted as an assurance of support. One was nt to be ordained without the guarantee ofa revenue sufficient for subsistece, ai 4 Sera Fer Png ies u,v ele“4 HISTORICAL NOTES: THE CLERGY AND THE Diocese. D. Clerics without Title and the Proper Bishop ‘The council of 1179 thus, in eff le® This development was preceded canonical rite of admission to conferred only by the proper bishop of 01 A bishop was strictly forbidden to tonsure any layman not his subject.” During the Middle Agee the vast majority of those in minor orders did not possess a ttle and were not in the service of any particular church. They sustained themselves through their own resourees oF reli ‘of their proper bishop, the one vwho had ordained them. However, by a decree of Pope Clement 1V (1265-1268), which is reflected in the 1917 Code, # clerie could obtain second proper bishop through holding a benefice in his diocese.” ‘The first bishop, the one who had tonsured him, could not prevent him from going 10 the other diocese unless the frst diocese would be damaged. Ordination in the early Church, as has been scen, was always bestowed in view of the service ofa particular community. From the West, however, ordinations began to be conferred al without reference to a specific charge. This innovation was duc very likely to a new ‘way of conceiving the Mass. It began to be viewed asa means of personal fication and of the expiation of sins, both the celebrant’s and those of ‘one who donated the stipend, This new perspective led of presbyters and monk-priests who were ordained ju of sacramental ordination extrapolated from it rmed only at the end of the thirteenth century. Earlier, an imension was deprived of significance” 562) reaffirmed that candidates for major orders + no secular cleric should be advanced to holy may otherwise be in character, learning and age, first legally established that he has unchallenged tenure of a church the acceptance of first ical tate, which could be tended the provisions of Hl Lateran tosubdeacons (Decretals sted that tonsure be con in por jmban Bock, “Tonsure monastgue et ede drt caneigue 2 (1952) 979406, temp. om |, 9,ia VL HISTORICAL NOTES: THE CLERGY AND THE DIOCESE 1 benefice sufficient for respectable living, .. . Henceforth those possessing a patrimony or pension may be ordained only ifthe bishop judges they should bbe accepted for the need and welfare of his churches...” E, The Council of Trent and Non-Beneficed Clerics, ‘ALA succeeding session the council decreed: “No one who has received the first tonsure, or even one in minor orders, may be given a benefice before his fourteenth year.” A cleric who did not hold an ecclesiastical benefice, in order to enjoy exemption from secular jurisdiction (privilegium fon), bad rhe cost of taining and maintaining was to be met by the diocese through a seminary churches and monaster prepared for the “futur of one particular church F. A New Proper Bishop through Acquired Domicile The Council of Treat underscored the ancient law that “Everyone isto be ordained by his own bishop.” Since boys ss young as twelve years of age could be tonsured and admitted to a seminary, the proper bishop woul almost every case be the bishop of the place of origin. In some count however, the bishop of the place of acquired domicile began to be consider as competent to admit to the clecical state. Pope lanocent XII ‘Speculatores of 1694 determined the con: nce in a place for ten years with the intention, confirmed of remaining there; or residence for some considerable time, indicate the intention of permanence, also authenticated under ‘of one’s belongings and ishings.* In the second case custom interpreted the “consid- erable time” to be a period of three years. 8 Sesto 23 “Fons 228816 HISTORICAL NOTES: THE CLERGY AND THE DIOCESE G. A New Proper Bishop through Incardination ‘The rigid rules for acquiring a new proper bishop were relaxed at the end of the nineteenth century, by virtue of the act of incardination. By the decree A primis the Sacred Congregation of the Council in 1898 pes transfer from one diocese to another through an exchange of the two bishops, “which was in reality a much abbreviated method of acquiring a new dor incardination could apply o seeking ordination in a diocese other than that of their bishop of the right which a proper bishop for of subject.” H. The Title: Service of the Mission or Diocese Council of Trent recognized only th ony, and pension. Toward the end of the pening of new mission fields, another form of for clerics volunteering to. spread the Gospel ‘Accordingly, in 1579 atthe founding ofthe English C (On the grounds that the cleric would be supported by the voluntary offerings of the faithful he served, tutus missionis ion to the Irish College in colleges subject to the Congregation for the Propagation of the Faith in 1638." ‘The indult was given even to countries 157 (But “Wms, ue Deretaium HISTORICAL NOTES: THE CLERGY AND THE DIOCESE 0 With an established hierar ordination in the United s In every case the Holy See roqured that before the reception of the subdiaconate a candidate take an oath Which he was ordained:® The Fist P 5), and The Second Plenary Council of Baltimore (1866), sought permission to use the title of the mission without the oath, which was deemed a deterrent 3s and no longer need original purpose: The Holy See refused the pet clerics ordained under the tile ofthe mission in England or the United States to be excardinated-in- cardinated “into another diocese of the same province without cither taking course to the Holy See for permission but solely by having a new tle of the mission conferred upon the withthe consent of both their former an i le of the mission was replaced with that of service of the Church (ogether with England, Scotland, Ireland, land, was withdrawn from subjection to the 3d placed under the common tle had been proposed in a constitution prepared forthe Fist il as a result of @ question 0 the bishops of the world, The bishops were asked how the Tridentine law enjoining the Jp until 1908, it was infact, the usual ile for service of the diocese and of the mission were recognized as, by canon. 981, 81, of the 1917 Code. They could be used for secular clerics if the titles of benefice, patrimony, and subsidy (pensio) Kenneth O”Brie, The Nae of Support of Dioeetam Pits in the Unie Sates of America: A Historica! Synopsis and @ Commentery, Canon Law Stodies, 285 (Washington: Tae Cahais found in the Acta et deces con penaritBatimcress Il in deta tdecreta con pln. Bat Saas 1 (1908)8 HISTORICAL NOTES: THE CLERGY AND THE DIOCESE ‘bed by canon 979 for major orders were not available." The ordinand ce an oath to devote himself throu is entire life to the service 1. Summary: Distinction between Incardination and Title The title of ordination was thus distinct from incardination. the 1917 Code signified both a place of service and a source of sustenanc incardination only a place of service. Initial incardination was not directly connected with support. One could be incardinated without tion, honor, or convenience. The law forbade any thout afield in which to labor or a superior to obey. Once incardinated a cleric could transfer to another diocese only by a ‘canonical process: formal excardination-incardination through let by the two ordinaries involved (c, 112); or virtual excardins due regard to the ation. A ji necessary forthe liceity of the transfer. Commentators regarded reasons of health, a greater usefulness or long years of service diocese, and even a personality clash with one’s bishop, but ruled out such motives as personal ambition and financial gaia, UMISTORICAL NOTES: THE CLERGY AND THE DIOCESE » Tocardination was effected initially atthe reception bbeen noted, incardination did not of itself confer a ‘guarantee of support was assured through Colle, was required for the reception of major orders (¢. 974, §1,7°). Should the ordained cleric lose his ttle he had to find another, unless the bishop judged that fitting support could be provided in some other way (c. 980, §1). Ta bishop were to ordain a candidate without a ttle under an agreement that the latter would not seck support from the bishop, the agreement would be 980, §3) deprived (privatio poenalis) of the of ordination unless support was 2299, §3). Am exception was made for the deprived of provided from other sources penalty of deposition, A clr ‘The bishop’s obligation ceased, however, were to show no sign of repentance and continue ensue were the church to subsidize ie lw seems more concerned with the wellare of the person. these cases even great such infamous individuals. "Thro the avoidance of scandal than wit IV. THE Secon VATICAN Council, A, Incardination ‘The Second Vatican Council dealt in several documents withthe priest's relationship to the diocese. The decree on the bishops’ pastoral office in the Church Christes Dominus (CD) noted that diocesan priests, “being incardinat ed or appointed to a particular church, devote themselves fully to the service ‘of that church for the purpose of feeding one section of the flock of the Living Outside His Own Diese" The monica! Norms Governing the Deposition and Degradationaf Cees, 130 (Washington: The Catholle Unie ip Hannan, The Canonical Concept o cong ss {Law States, 302 Washington: The Catholic Univers20 HISTORICAL NOTES: THE CLERGY AND THE DIOCESE this way they form one presbytery and one family whose father is the bishop” (CD 28). The decree ology ests” in preference to “secular priest ‘indicate that the relation of diocesan clergy tothe diocese and the bishop was different from that of the religious clergy. Unlike the Council of Trent which considered the sacrament of orders from the perspective of the iesthood, the decree on the ministry and life of priests resbyteronum ordinis took the episcopate as its starting point: “priests share the episcopal ty which is conferred on them by the sacrament of order and the canonical mission” (PO 7). Bishops and priests, however, must be solcitous not only for their own churches but also “for those parts of the world in which the word of God has yet been proclaimed or in which, especially on account of the scarcity of y from the obligations of the ishops should even be willing chat their priests should go to these missions or dioceses to exercise the fe permanently or for a iod” (CD 6). Since “every priestly ministry shares i the mission entrusted by Christ to the apostles; range, insofar as possible, 0 ich a way t institution remains intact, it will answer better to the pastoral needs of today” (PO 10). ‘and Herder, 1968), la" fuscanonicum 7 (1967) 47 lon on the ‘he Chutes missionary activity Ad genes 38. tency Fide! donum sppeated HISTORICAL NOTES: TH CLERGY AND THE DIOCESE a 1B, Material Needs of the Clergy ‘As the council called for a more equitable distribution of clergy, it aso called attention to their material needs. Two related considerations emerged in the discussions: the values to be ensured and the practical means for guaranteeing them, Maintenance of the clergy must be viewed within the context ofthe Church's mission and of the temporal goods which it must have to carry out that mission. These goods are to be used “forthe celebration of divine worship, forthe reasonable maintenance of clergy and for carrying out works of the apostolate and of charity, especially to the poor” (PO 17)* “Completely devoted as they are tothe service of God in the Fulfillment ofthe office entrusted to them, priests are entitled to receive afting remunerat the faithful have an ob i appropriate to their site, sufficient to provide for domestic help, to ofr the needy and (0 take an annual vacation (PO 20)" Taking into consideration the citcumstances of time and place as well as the nature of the task, the remuneration reesived by the clergy “should be basically the same forall working under the same conditions," Because the system of benefices bad been responsible for economic inequality, inasmuch as the revenue from an endowment was not proportionate tothe office or the reeds of the incumbent, the council called for its abandonment or drastic reform.” The office fulfilled by sacred ministers was to be given primary importance and “the beneficiary dmensio he right to revenue tached to an endowed office be treated as secondary" (PO 21)" For the support of the clergy, the,council recommended that in cach diocese or region a common fund be set up. Furthermore so that priests may devote themselves full to the salvation of zouls without worrying about their future, there are to be estab heea, Monitor ecleciaticns 33 (Naples esac ed ecclesia o sermon” AAs 58 (1966) 1022{STORICAL NOTES: THE CLERG case ae aoe CGY AND THE Diocest HISTORICAL NOTES: THE CLERGY AND THE Diocese B as for proper care of priests they know of their ess to go and consider them suit i age” (PO 21, there aT ceo a Teatl fe to work? heir clerics to transfer to another V. Pore PAUL Vi: BCCLRSIAE SANCTAE Hl eee \ ‘own diocese and on returning ‘Almost immediately after the council, in August 1966, Pope Paul VI had been ministering there” implemented some of its decrees through his motu proprio Ecclesiae sanctae (ES)."" In directing his attention first to a more suitable distribution of 1 however, a cleric has lawfully foe oa his own ioese, after clergy, be proposed to set up a council in Rome to lay down general principles law into this oes, provided he bs ‘on the subject and directed patriarchal synods and episcopal conferences “to a 1 ordinary of the diocese rake laws and regulations for bishops” based on those principles. The it enjoy all the rights they would have if they ‘be made for the churches in a shortage of priests (ES I, 2 and 3). the transfer of clerics from one diocese to another, legislation. While the law of incardination and sumstances required adaptations, eses, ordini toregions suffering ries and in countries suffering from { hicrarchs shall not refuse pet from a grave shortage of priests and exercise thei clergy to live an honorab) fl adequate wages for dom: ime, bishops, after revenues, even those24 HISTORICAL NOTES: THE CLEROY AND THE DIOCESE in each diocese to collect these monies. Conferences ‘were also to see that through one or other fund adequate provision be made “for insurance, for health assistance, a led, and for the maintenance of the clergy in sickness and old ag ‘© The third general meeting of the Synod of Bishops in 1971 insisted that the remuneration of priests inclusive of social security was a “duty of justice.” Not only priests but all those who serve the Church by their labor “should receive a su livelihood and enjoy that social security which is customary to their region. In 1980 the Congregation for the Clergy issued norms on the distribution agency was est fe." When the clergy retura to their own all the rights in their diocese of origi, in which ed incardinated, as if they had been involved in the sacred interruption” Should a cleric prefer, however, to be st five years, esiae sancta, signify this intention in four months neither objects, he is law itself (ope legis.” incardinated in the host diocese by VL. THE PERMANENT DIACONATE ‘At the Second Vatican Council the dogmatic constitution on the Church Lumen gentium affirmed that “in the future the diaconate could be restored er and permanent grade of the hierarchy,” but that it was the with the approval of the ‘opportune for such deacons HISTORICAL NOTES: THE CLERGY AND THE DIOCESE 25 it willbe possible to confer this dnconate on men of more mature age, even us communi tats dab cualedinsome doose (0.18). Rules in force on the ma support of priests and on providing socal security for them were to be applied also to permanent deacons, with due consideration being given to the families of married deacons (a. 19). Deacons, however, who had income from a secular profession should u ke care oftheir own needs and those of their family insofar as poss VII. Conctustons ‘The ecclesiastical discipline which attaches clergy permanently toa diocese hhas remained remarkably constant throughout the centuries. Once ordained6 HISTORICAL NOTES: THE CLERGY AND THE DIOCESE permission ‘ofthis owm bishop. Clergymen uniterally, abandoning their church of for thas meaning only in an ecclesial context; it is not a personal gift that an individual carries with him wherever he goes. Since the 1917 Code the al relationship whereby a cleric is bound to his diocese fas been known the bishop is safeguarded leave the diocese in search of a more clergy may not on impuls congenial ministry. has also had some drawbacks. VI proposed norms to faci transfer of clergy, either on fr permanent basis, to areas of greater need. Whereas previous! Not only isthe clr clerie, responsible for his support. AC first of ordination and, later ‘on, sources of revenue known as benefices. In the course of time the benefice i the Second Vatican Council, -muneration for co tenefices. Walso recommended the est forthe clergy in nes and retirement Because ofthe broad del incardination aad the dt oa ast bopees confusion and legal complications on was effected through the reception of tonsure and, even after the Coun of Trent, atelve-yar-ol boy ould be tongured One could thus be incarnated fra umber of yeas without any guarantee HISTORICAL NOTES: THE CLERGY AND THE Diocese a of support since the bishop was not obligated (0 make such a commitment until he conferred the diaconate. A layman, furthermore, could obtain a Proper bishop for only through domicile. Pope Paul VI, after restoring the permanent disconate, simplified the law by determining that ceatrance (0 the clerical state and incardination came with reception of the all ecclesiastical law must refer. John Pau I, apostle constitution Sacra dicing Iepr romultng the Codex lis Canon (AAS 75:2 [1983] i).ey CHAPTER TWO ECCLESIOLOGICAL AND CANONICAL PRINCIPLES OF INCARDINATION James H, PRovost 1. WHO WE ARE AS A CHURCH Tl. ASSURING MINISTRY CANONICAL SYSTEM FOR ORDAINED MINISTRY IV. LOSS OF INCARDINATION Catholies have various canonical attachments in the Church, By baptism one is incorporated into Christ and constituted in the people of God. Baptized persons are attached to places—dioceses, parishes—in virtue of domicile and guasi-domicile, a fact which affects the exercise of their rights and duti Catholics. Children have necessary arent spouses to each other. But only clergy have that special attachmet Church which is incardination.' Incardination is the permanent attachment of an ordained mi eardinating (c. 265). It is Gist estab- 1conate (c. 266, §1), can be changed only by te canonical procedures (ce. 267 only by death ‘While clergy can be incarding life, and even some secular in i F which goes beyond incardi or other profession of the evangelical counsels within an i ‘This is expressed in a vow tute of consecrat- sm Churches term aseripo(“erolimen) instead the sme. The focus inthis Handbook s primal om the se¢ John E Lynch in CLS4 Commentary, 191-1, 28 PRINCIPLES OF INCARDINATION » ed life, or a commitment ining these forms of life, a ‘Tee focus in what follows is on diocesan clergy, especially deacons and priests. Secular clergy are clergy who are incardinated in a particular church—a diocese or its equivalent in law (c. 368)—or in a personal prelature since their situation is under the direct cont be dealt with here, Only clergy can be incardinated, This scemingly simple statement carries with it vision of who we are as a Church, an understanding of how ministry is supposed to be assured within the Catholic commu ‘concepts on the canonical system pertaining to ordained (0 WE ARE As A CuRcit “adhering to its past gospel and the Eucharis holy, catholic, and apost (©. 369). It is the responsibility of the bishop together with the priests and deacons of the diocese to see that the gospel is preached, the sacraments are properly administered, and appropriate pastoral care is provided to all in the Clergy are ordained to the service of this Church, As discussed in the© seme: 0 PRINCIPLES OF INCARDINATION and was not to move around. This was true especially of bishops, but also of priests and deacons. from the early thirteenth century, is one ordained to the ondo presbyterorum, the without the jae ‘who are ordained for “service corps’ in the authority of the episcopal service, are developing an awareness of being part farger Church, flexible enough to permit mobi that needy churches ean benefit from the serece of clergy who com churches with sufficient sacred ministers and even, perhaps, a surplus. I, Assuring Ministay rey can be incardinated, “Clergy” is ministers in church law (c, 207, sacramental empowering (o Church. The law assures diocese through incardination. The restored appreciation for deacons, who are ordained unto service but ‘ot unto priesthood (LG 29), is further heightened by the fact that any cleric first becomes incardinated through ordination to the diaconate. The liturgical to carry out their proper roles ishop presides (c. 835, §3) tain to the full expression of Church at ichment of deacons to a local church vuctured assurance of the service dimension presence of cach grade of sacred ministers in a ian life (LO 11); the celebration of the Eucharist is crucial to the well-being of a Catholic PRINCIPLES OF INCARDINATION 31 community. Priests are therefore central to Catholic life, presiding at the Eucharist and serving the community as it prepares for the banquet Lord and as it explores its implications for daily life. Incardinat attachment of presbyters to a diocesan church, provides for the on- Boing presence of presbyters in serve to this portion of Goss people, enough not only to provide them wit hopes and fears, their expericnce of communion of Churches he se 23). While we do not normal bond with the altempts to assure that there will be sacred ministers ina diocese to carry out these tasks. IIT, CANONICAL SYSTEM FOR ORDAINED MINISTRY Only clergy can be incardinated. The legal and duties specific Church as a supp to provide training, spiritual support, and financial support there is no explicit contract, the canonical system is such that ion of his life the ordained minister is assured the spiritual and ‘supports he needs to live and to minister. ‘Three key dimensions of this canonical system merit attention here: responsibilty of the ordained; obedience in view of pastoral service; and the increased importance of incardination,32 PRINCIPLES OF INCARDINATION ‘A. Responsibility (ordo presbyterorum) takes visible form serve a local diocese. “These presbyters form one presbyterate which together by bonds of mutual concern, and by a iocese. That is, the presbyterate is a colleague relationshi s ought to be able to | challenge and understan is also responsible for pri the members of the presbyterate, so priests from clsewhere who are serving in this dio diocesan presbyterat, But the core of the diocesan Freayterate are the presbyters who are incardinated in the diocese itself (CD serving elsewhere, they bold collectively a sp of the Church to which fey ae attached reflects that two-fold meat they are pivotal cal diceese, upon whom the spiritual welfare of this portion of God's people hinges. This responsibility of incardinated clergy has several consequences in law for deacons and priests. They are to reside im the diocese unless their absence PRINCIPLES OF INCARDINATION 3 ‘the local church through the college of consul its members (c, 419) also to assure continuity in ministry. B. Obedience in View of Pastoral Service Diocesan clergy “are bound by a special obligation to show reverence and obedience to the Supreme Pontiff and to their own ordinary” (c. 273). This ‘obedience is not the consecrated obedience of a religious or member of a secular institute (ce. $90, §2; 601), a commitment to God to obey superiors as priests in the sacrament of orders, the fullness of which has been received by the bishop. ‘The Second Vatican Couneil teaches that the purpose for the priesthood is to continue the mission of Christ in a priestly manner (PO 2). Iti directed toward the care of souls, toward pastoral service, and not primarily toward the personal sanctification of the individual even though dedication of bishop, priests and deacons to the pastoral welfare of the people ‘of that church, priests and deacons owe a special obedience to their bishop (07). This pastoral service underlies the bishop's power of governan ‘The canonical obedience of clergy to their bishop of incardination his governing power, but it is also limited to the extent of the bishop's governing power. The bishop is responsible to see thatthe gospel is preached,# [PRINCIPLES OF INCARDINATION the worship of the Church is properly carried out, and that pastoral care is 1nd that his clergy ies, and they are hhand, is not bound to such procedures in transferring or removing one hi religious priests from pastoring parish where a bishop can assign a deacon, the bishop who is to enforce clerical obli 392) and thus be isthe judge in individual cases, particul to the observance of continence by clergy (. 277, §3) Clergy owe a special reverence and obedience incardination, for they share with him in the respor They also owe reverence and obedience to the bishop the bishop of their for the diocese. 1 diocese where they may happen to reside, if they are outside their diocese and particularly if they are serving in this other diocese. C. Increased Importance of Ineardination il bond through It's the basis for that the bishop can make on his priests and deacons, and that they can expect from him. It also establishes a fraternal bond among the clergy incardinated in a diocese (c, 275, §1). They t with the Lord as clergy, and as incardinated in this diocese cir lot with each other in the service of the diocese. ‘A special legal bond arises from inc Iisa new legal relationship, PRINCIPLES OF INCARDINATION 35 ‘beyond that of domicile, which gives rise to mutual rights and duties between. the incardinated cleric and the diocese. This legal bond has taken on special importance under the 1983 Code of Canon Law, as the following example will illustrate. sussed in the previous chapter, under the 1917 Code both incardina- assured adequate financial support for deacons and priests. Vatican II called for a change in this system, and toda has been dropped and benefices are being phased out (c. 1272). ‘The remuneration of the clr assured by the diocese whether or not a cleric is holding an ecclesiastical office. So how is the adequate support of clergy to be assured? The 1983 Code locates this in incardination. jon to the diaconate comes ly wage if they are employed iy; on the other hand, if they have secular sources of income draw on these first (c. 281, §3). Even when penalized, a cleric highlights two of the key prerequisites for incardinating a cleric in a usefulness and preparation. A discussed above, before a candidate is ordained a deacon he must be there is a need, the diocese must be prepared to assure his adequate support. A candidate must also be adequately prepared. This preparation is ultimately the responsibility of the diocese: the diocese is to provide a seminary or see to it that candidates are sent (0 to the seminary (c. bbe made in preparing candidates for the a cleric desires to serve outside his own diocese, his own ordinary is to assure that he is properly prepared before6 PRINCIPLES OF INCARDINATION hhim to do this (¢-271, $1). IV, Loss OF INCARDINATION ‘The bond between a diocesan cleric and his diocese which is begun with i ife. This is to and als through death, hile Hing, $ not subject to pres that i, fallure to enforee the effects of the passage of time, lead to the loss 1 A priest or deacon who is far from home for a loag period, anonicaly attached to the diocese of hs incarnation, whether popes have urged a bel diocesan clergy to serve more needy areas of the Chufch while retaining incardination in their home diocese, and the law expressly provides for this (c. 2m). ‘Short of death, incardination is lost in two ways: by changing incardination through a process known as excardination (with new incardination elsewhere), and by the loss of clerical status, "There are several ways in which a priest or deacon is excardinated from one diocese and incardinated in another. The two bishops may agree to the change, and provide the individual with formal the bishop of the diocese he is leaving) and inca ution of diocesan clergy, an alternative 19 I has been incorporated in the code. If a imately present in another diocese for Jets is own, Shy and the bishop of the new place know A diocesan cleric ean also change incardination by pe admission to away, or, he may serve in the new diocese for a period of time. Unless the bishop refuses him withia five years, however, at PRINCIPLES OF INCARDINATION 7 yeardinated in the diocese (c. 683). been dispensed from him, ‘The law forbids do so by a bishop. His -ardination, however, is debated, as will be discussed below in Chapter Five. ‘The second way the Apostelic See ty only for those ef least three judges; the bishop cannot er in this Handbook). In no other way is the bond between the cleri¢ and his diocese broken, Even if the priest or deacon is suspended or is subjected to other penalties tion of living within the diocese), he still remains legally ‘deacon takes a “Ieave of tated in the diocese. To sum up, some key canonical principles concerning incardination are: deacon, presbyter, of bishop—must be Sneardinated, code, and must be inflicted by a by decree. ual bond; it gives rise to sights and duties in the Church, Tncardination begins with ordination to the diaconate; it can be changed only according to procedures established in law; it is lost ‘nly with the loss of clerical status or by death “ncardination has an increased importance in church law, where it isthe central legal structure inthe relationship between a diocesan cleric and the hierarchical structure of the Church, I reflects the ‘mutual commitment of a responsible both to see that of e tions, and to provide for the support the Church undertakes to give 10 its dioccsan clergy.CHAPTER THREE EFFECTS OF INCARDINATION' James H. PROVOST 1. __ RIGHTS AND OBLIGATIONS IN LIGHT OF THEIR SOURCES A. Natural Law 1B. Christian I C. Ordination D. Incardination FACULTIES Ill, ASSIGNMENT TO MINISTRY legal status in the Church by which a des special way to a particular church or other ent, L._ RIGHTS AND OBLIGATIONS IN LIGHT OF THEIR SOURCES tion as a deacon, presbyter or bishop brings with it the obligations and rights proper to the order, as well as the rights and duties which pertain to the status of being a cleric. But ordination does not cancel the rights and ising out ions of the clergy, iaken than just the specifies which ¢ analyzed first in terms of their ma, ordination, and incardination, It 'y. To understand the rights and obl cefore, a brosder perspective mus sources—in natural law, Christian "See CLSA Commentary, 18-229, 38 EFFECTS OF INCARDINATION 9 should also be kept in mind that a person's rights are not limited to those ideatified in the Code of Canon Law, for the Church also has the magisterium as a source of understanding the rights of it people AL Natural Law expression (c. 21); to freedom from cocrcion in choosing a state in life (c. 219); to @ good vacy (c. 20). rays be considered In virtue of their initiation through baptism and the Holy S| and assume a number of obligat summarizes some of these as follows.*40 [EFFECTS OF INCARDINATION [BFFECTS OF INCARDINATION 4 the good of the Church (c. 212, §3), to assist the needs of the Church (c. 222, ice (€. 222, §2), and to care for the poor (c. 222, this communion not be taken away except for just cause and process. If one is obligated to live a holy life, one also has a right to do this. Christians likewise have the right to spread the gospel (c. 211), to make sires to the Church's pastors (c. 212, $2), to express limitation on a right which is clearly affirmed in the law ( crs which pertain to the good of the Church (c. 212, While the code affirms the right to vindicate one’s rights in the competent church forum (¢. 22 appeal! ‘may preclude some clergy from attempt When accused of wrongdoing, clergy as well as any othe punished with canonical pen: have the right to be judged in accord with the prescriptions of As noted earlier, th the common good. Conside i personal preference of an of and nuanced concept of the common good, ‘an person and the sol rigor of the law procedural and rights as Chri C. Ordination AS a juridie status in the Church, ordained ministry carries ler” Ordinatic to preach the he isa stronger urgency for the in the community; but the ot status in common ‘Some rights of the exercise of the power of or fraternally by other clergy (¢. 275, §1), to receive approps is are worth highlighting. bout what is for the good ing, experience, and role 283,2 EFFECTS OF INCARDINATION Deacons, priests and bishops are bound by various obligations, including: to show reverence and obedience to the pope and their own ordinary (c. 273), to undertake and fulfill a duty entrusted to them by their ordinary (c. 274, §2), to show fraternity to other clergy (c. 275, §1), to acknowledge and promote the mission of lay persons (c.275, §2), to pursue holiness by special means (c. the Liturgy of the Hours daily (c. 276, §2, 3°), to observe ial continence (c. 277, §1) and celibacy (¢. 277, §1),” to be associating with persons who could endanger continence or cause scandal (c. 277, §2), t i \n (c, 283, §1), to wear suitable garb (c. 284 from what is unbecoming to the clerical status and (0 avo ( 285, §§1-2), to foster peace and harmony bas. wid to make use of available exemptions from civil o volunteering for i (© 289, Unless particular law determines otherwise, pert exempted from some of these obl Bishops acquire various rights and obligat they are ordained as bishops, and par diocesan churches, These include all specific to their order when when they are bishops of powers needed to govern the _BFFECTS OP INCARDINATION a churches committed to their care (¢. 381) and special conceen forthe clergy of the diocese (c. 384). ‘These various rights, obligations and prohibitions become operative with ordination for permanent deacons and for deacons in transition o presbyteral ordination. Some additional ones are attached to ordination as a presbyter, such as the right to cclebrate the Eucharist (c. 900) and the obligation to attend pastoral lectures (¢. 279, §2). ts—to preach, for example, or to celebrate Mass—come being ordained. While preaching can be restricted by individual cases (c. 64), no such provision exists in regard {o an ordained presbyter who is not canonically impeded from celebrating the ization which might be to be celebrated (c. 903). ‘The law also contains several exhortations for clergy. These are not binding, contribute to the Church aay surplus income from their mi “These obligations and ri some of the legal element state is lost, these ri be due to the common good. Clergy are not to be penalized in reference to these rights without just cause and only in accord with the procedures of the law, D. Incardination "For dete listing and analysis ofthe bishop’ rights and obligations, se Thomas J Green, A Monualfor Bishops: Right and Resonibites of Diaceran Bishops inthe Reed Cade (of Canon Law (Waingion Diocesan Bishop: Founda