Code of Canon Law: text (original) (raw)

CHAPTER III: THE CARDINALS OF THE HOLY ROMAN CHURCH

Can.349 The Cardinals of the Holy Roman Church constitute a special

College, whose prerogative it is to elect the Roman Pontiff in accordance with the normsof a special law. The Cardinals are also available to the Roman Pontiff, eitheracting collegially, when they are summoned together to deal with questions ofmajor importance, or acting individually, that is, in the offices which theyhold in assisting the Roman Pontiff especially in the daily care of theuniversal Church.

Can.350 §1 The College of Cardinals is divided into three orders: the episcopal order, to which belong those Cardinals to whom the Roman Pontiff assigns thetitle of a suburbicarian Church, and eastern-rite Patriarchs who are mademembers of the College of Cardinals; the presbyteral order, and the diaconal order.

§2 Cardinal priests and Cardinal deacons are each assigned a title or a deaconry in Rome by the Roman Pontiff.

§3 Eastern Patriarchs within the College of Cardinals have their patriarchal see as atitle.

§4 TheCardinal Dean has the title of the diocese of Ostia, together with that of any other Church to which he already has a title.

§5 By achoice made in Consistory and approved by the Supreme Pontiff, Cardinal priests may transfer to another title; Cardinal deacons may transfer to anotherdeaconry and, if they have been a full ten years in the diaconal order, to thepresbyteral order: priority of order and of promotion is to be observed.

§6 ACardinal who by choice transfers from the diaconal to the presbyteral order,takes precedence over all Cardinal priests who were promoted to the Cardinalateafter him.

Can.351 §1 Those to be promoted Cardinals are men freely selected by the Roman Pontiff, who are at least in the order of priesthood and are truly outstandingin doctrine, virtue, piety and prudence in practical matters; those who are not already Bishops must receive episcopal consecration.

§2 Cardinals are created by decree of the Roman Pontiff, which in fact ispublished in the presence of the College of Cardinals. From the moment ofpublication, they are bound by the obligations and they enjoy the rights defined in the law.

§3 A person promoted to the dignity of Cardinal, whose creation the Roman Pontiff announces, but whose name he reserves in petto, is not at that time bound by the obligations nor does he enjoy the rights of a Cardinal. When his name ispublished by the Roman Pontiff, however, he is bound by these obligations andenjoys these rights, but his right of precedence dates from the day of thereservation in petto.

Can.352 §1 The Dean presides over the College of Cardinals. When he is unable to do so, the sub-Dean takes his place. The Dean, or the subDean, has no power ofgovernance over the other Cardinals, but is considered as first among equals.

§2 When theoffice of Dean is vacant, those Cardinals who have a suburbicarian title, and only those, under the presidency of the sub-Dean if he is present, or of theoldest member, elect one of their number to act as Dean of the College. They are to submit his name to the Roman Pontiff, to whom it belongs to approve theperson elected.

§3 In the same way as set out in §2, the sub-Dean is elected, with the Dean presiding. Itbelongs to the Roman Pontiff to approve also the election of the sub-Dean.

§4 If theDean and sub-Dean do not already have a domicile in Rome, they acquire it there.

Can.353 §1 Cardinals assist the Supreme Pastor of the Church in collegial fashion particularly in Consistories, in which they are gathered by order of the Roman Pontiff and under his presidency. Consistories are either ordinary orextraordinary.

§2 In anordinary Consistory all Cardinals, or at least those who are in Rome, aresummoned for consultation on certain grave matters of more frequent occurrence, or for the performance of especially solemn acts.

§3 AllCardinals are summoned to an extraordinary Consistory, which takes place when the special needs of the Church and more serious matters suggest it.

§4 Only anordinary Consistory in which certain solemnities are celebrated, can be public, that is when, in addition to the Cardinals, Prelates, representatives of civil states and other invited persons are admitted.

Can.354 Cardinals who head the departments and other permanent sections of theRoman Curia and of Vatican City, who have completed their seventy-fifth year, are requested to offer their resignation from office to the Roman Pontiff, who will consider all the circumstances and make provision accordingly.

Can.355 §1 It belongs to the Cardinal Dean to ordain the elected Roman Pontiff aBishop, if he is not already ordained. If the Dean is prevented from doing so, the same right belongs to the sub-Dean or, if he is prevented, to the senior Cardinal of the episcopal order.

§2 Thesenior Cardinal Deacon announces the name of the newly elected Supreme Pontiffto the people. Acting in place of the Roman Pontiff, he also confers thepallium on metropolitan Bishops or gives the pallium to their proxies.

Can.356 Cardinals have the obligation of cooperating closely with the Roman Pontiff. For this reason, Cardinals who have any office in the Curia and are not diocesan Bishops, are obliged to reside in Rome. Cardinals who are incharge of a diocese as diocesan Bishops, are to go to Rome whenever summoned by the Roman Pontiff.

Can.357 §1 When a Cardinal has taken possession of a suburbicarian Church or of atitular Church in Rome, he is to further the good of the diocese or church bycounsel and patronage. However, he has no power of governance over it, and he should not for any reason interfere in matters concerning the administration of its goods, or its discipline, or the service of the church.

§2 Cardinals living outside Rome and outside their own diocese, are exempt in whatconcerns their person from the power of governance of the Bishop of the diocesein which they are residing.

Can.358 A Cardinal may be deputed by the Roman Pontiff to represent him in somesolemn celebration or assembly of persons as a 'Legatus a latere', that is, as his alter ego; or he may, as a special emissary, be entrusted with a particular pastoral task. A Cardinal thus nominated is entitled to deal only with thoseaffairs which have been entrusted to him by the Roman Pontiff himself.

Can.359 When the Apostolic See is vacant, the College of Cardinals has only thatpower in the Church which is granted to it by special law.