The Application of Canon Law in Parish Activities
C.BASTIN ANITO
Date: 18-1-12
Introduction:
Law is necessary for human beings. Law does not only mean to follow the rules and regulations but it is a way f life with certain principles. in order to make us fully human, the church has given certain norms to be followed that is known as canon law. This assignment brings the applicatio0n of canon canon law in the parish activities. This assignment is limited only to the areas of conferral of sacraments and parochial administration just as keeping records, finance council and management of parish property.
The origin of the parish:
Can.515 §1 describes a parish as a certain community of the Christian faithful stably constituted in a particular church, whose pastoral care is entrusted to a pastor (parochus) as its proper pastor (pastor) under the authority of the diocesan bishop.
Christ founded the church on the apostles for the good of the souls. The apostles founded local Christian communities which was called ekklesis in which the baptized devoted themselves to carry out the three fold mission of Christ. in the beginning of the Christian movement, the bishops were the ordinary pastors of the community and he was assisted by priests and deacons .In the second century, the missionary movement was extended into the rural areas. some priests from presbyterium (body of priests) who were delegated by their bishops to these rural areas celebrated the Eucharist and returned to the bishop’s house when their work was over. in the beginning of the fourth century presbyters and deacons were stationed by the bishops in the new rural communities for continuous pastoral care and thus the first seeds of parish. The earliest indication of such an organization is found in the deliberation of the council of Arles Rome Trent
Rights of faithful:
The holy Catholic Church has given rights to the faithful, which is necessary for their daily needs. The following rights and duties are common to all the faithful –clergy, laity, and members of institutes of consecrated life and societies of apostolic life.
1) Evangelization:
“All the Christian faithful have the duty and right to work so that the divine message of salvation more and more reaches all people in every age and in every land (canon.211). As Jesus said his disciples to proclaim the good news to every nation, the faithful have every right to evangelize the good news without boundaries. During his earthly life, Jesus was routinely called rabbi, teacher. He came as incarnate word to proclaim the kingdom of God
2) expression of needs:
Canon212 §2says, “The Christian faithful are free to make known to the pastors of the Church their needs, especially spiritual ones, and their desires.” According to the canon the faithful have right to fulfill their spiritual needs. The basis for this right is the freedom and confidence, which benefits children of God and sisters and brothers in Christ. One particular way in which the faithful can express their needs and wishes is through various councils and synod.
3) Expressions of opinion:
Canon 212§3 says, “According to the knowledge, competence, and prestige which they possess, they have the right and even at times the duty to manifest to the sacred pastors their opinion on matters which pertain to the good of the Church and to make their opinion known to the rest of the Christian faithful, without prejudice to the integrity of faith and morals, with reverence toward their pastors, and attentive to common advantage and the dignity of persons.” The faithful have right to express their opinion. The priest should listen carefully and openly to these opinions. The opinions should be reasonable, practical and assisting for the growth of the church. The faithful have privileged to participate in the threefold ministry of Jesus Christ that is priest, prophet and ruler. Therefore, they have a right to take an active role in the church.
4) Word of God and sacraments:
“The Christian faithful have the right to receive assistance from the sacred pastors out of the spiritual goods of the Church, especially the word of God and the sacraments (canon 213). God presents everywhere. He reveals himself through sacraments. As John says in his gospel, “in the beginning was the word and the word were with God, and the word was God (john 1:1).” The faithful have right to receive word of God and sacraments through their sacred pastors. This right aims at encouraging the personal transformation of the faithful and their personal relationship with God as well as facilitating that person’s own role in the transformation of the world and in the community’s fulfillment of its divinely given mission.
5) Worship and spirituality:
Canon 214 expresses two rights of the faithful
1) The right to worship according to a particular rite
2) The right to follow a particular spirituality.
There are 21 eastern churches observe five different liturgical rites. They are as follows
a) Alexandrian rite: Coptic church, Ethiopian church
b) Antiochene rite: Malankar, Maronite and Syrian churches
c) Byzantine rite: Albanian, Byelorussion, Bulgarian,Greek,Italo-Albanian,Ywgoslavian,Melkite,Romanian,Ruthenian,Slovakian, ukranian,and Hungarian churches
d) Chaldean rite: Chaldean and Malabar churches
e) Armenian rite; Armenian Church.
Each rite follows its own way worship and spirituality. Therefore, this canon accepts their worship. The second right stated in canon allows the people to follow the various forms of spirituality and to contribute to the church’s growth and sanctification as well as to the holiness of the faithful. (e.g.) Ignition spirituality.
6) Association :
Canon 215 states that two fundamental rights of the faithful 1) to form association 2) to hold meeting. Association contribute to the church’s life and to the fulfillment of its mission: certain canon encourage the creation of association, for example, canon 604&2 suggests that consecrated virgins may form an association to observe their own resolution more faithfully and to perform by mutual assistance service to the church. Canon 708 encourages major superiors to associate so that by common efforts by works to achieve the meaningful purpose of the individual institutes.
7) Christian education:
The faithful have right to know about the church and Jesus Christ. It is the duty of the pastor to educate the faithful. Canon 794§2 sates “Pastors of souls have the duty of making all possible arrangements so that all the faithful may avail themselves of a catholic education.”A specific educational background can qualify lay people to assume ecclesiastical offices, to receive a mandate to teach sacred science. The Christian education not only means to educate about catholic teachings but to educate the elements of sanctification and of truth are found in the other religion these elements impel towards catholic unity.
8) Academic freedom:
Gaudium et spes 62 indicates that the faithful can choose any field of study which enable them to proclaim the gospel message. It also expressed that the laity will receive appropriate formation in the sacred disciplines in seminaries and universities. Canon 229§2 also emphasized the same “They also have the right to acquire that fuller knowledge of the sacred sciences which is taught in ecclesiastical universities or faculties or in institutes of religious sciences, attending lectures there and acquiring academic degrees. The academic freedom requires that the individual to expert in a particular area under the discussion.
9) Choice of vocation:
This canon does not express a right to fulfill a specific vocation within the church. Gaudium et spes 29 says that not every one is identical in physical capacity and moral resources.
Sacrament of penance:
The new law on the sacrament of penance is contained in canons 959-991.vatican council II said that the sacrament of penance to be revised, “the rite and formularies for the sacrament of penance are to be revised. So that they more clearly express both the nature and effects of the sacrament” (sc.72) .There are 39 canons on this title. Here I highlight some important basic canon on penance.
1) nature of the penance:
Canon 959 clearly states that the nature of the penance. “ In the sacrament of penance the faithful who confess their sins to a legitimate minister, are sorry for them, and intend to reform themselves obtain from God through the absolution imparted by the same minister forgiveness for the sins they have committed after baptism and, at the same, time are reconciled with the Church which they have wounded by sinning.” This canon mention the several acts of the penitent like confession of sins, sorrow for the sins confessed, proposal or resolution to reform. The nature of the penance is to change oneself from his or her sins.
2) disposition of the penitent:
canon 987 states “ To receive the salvific remedy of the sacrament of penance, a member of the Christian faithful must be disposed in such a way that, rejecting sins committed and having a purpose of amendment, the person is turned back to God.” True conversion is completed by expiation for the sins committed, by amendment of life and by rectifying injuries done. Expiation is the remedy for the sickness from which they suffered, it is necessary that the act of penance really be a remedy for sin and a help to renewal of life.
3) obligation of the penitent to confess:
canon 989 “After having reached the age of discretion, each member of the faithful is obliged to confess faithfully his or her grave sins at least once a year.” It adds the word “gravia” to the obligation to confess one sins annually. The theologians interpret this as an obligation to confess only grave sins. it should be noted that in the terminology of new law , sins are not divided into mortal and venial but grave and venial sins.
4) freedom to choose a confessor:
Canon 991 clearly express that the Christian faithful have every right to choose their confessor on whom they have trust. it is not obligated to confess to a confessor designated by an ecclesiastical superior. Canon 991 “Every member of the Christian faithful is free to confess sins to a legitimately approved confessor of his or her choice, even to one of another rite.”
The sacrament of anointing of the sick:
Canon 998-1007 describes the sacrament of anointing of the sick. The nature of this sacrament is to heal the serious ill persons. The people wrongly understand this sacrament. This sacrament can be given to recovery from sick not to die.
1) nature of the sacrament :
Canon 998 explains the nature of the anointing of the sick. “ The anointing of the sick, by which the Church commends the faithful who are dangerously ill to the suffering and glorified Lord in order that he relieve and save them, is conferred by anointing them with oil and pronouncing the words prescribed in the liturgical books.” This canon states that the church commends the dangerously ill to the suffering and glorified Lord, that God may raise them up and save them. The priests are allowed to perform this sacrament. Catholics can receive this sacrament from non – catholic ministers under four conditions (canon 844)
a) necessity and true spiritual utility
b) no danger of error or indifferentism
c) physical or moral impossibility of receiving the sacrament from a catholic minister
d) Assurance that the sacraments in the non- catholic church are valid.
Other baptized non- catholic may receive these sacraments under six conditions:
a) they cannot approach their own ministers
b) they spontaneously request the sacrament
c) they are rightly disposed
d) they manifest catholic faith regarding these sacraments
e) they are in danger of death
f) if there is another grave necessity in the judgment of either the diocesan bishop or Episcopal conference.[2]
The sacrament of marriage:
Since marriage is a vast discipline in the code of canons. Here, I enumerate some important features of marriage
1) Age for marriage:
Canon 1083§1 states that the impediment of age. “A man before he has completed his sixteenth year of age and a woman before she has completed her fourteenth year of age cannot enter into a valid marriage.” the church fixed this age because the person must possess sufficient intellectual, emotionally mature, physically fit, and feel the responsibility for the life long obligation.
2) reception of the sacraments:
Canon 1065&1, 2 states that the spouses spiritual preparation for marriage. Confirmation should be received from a bishop or otherwise in case of urgent the priest can give confirmation.
3) witness for marriage:
Canon 1108 express at least two witness is an essential for the valid celebration of a marriage in the presence of an authorized minister. “ Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses according to the rules expressed in the following canons and without prejudice to the exceptions mentioned in canon 144, 1112, §1, 1116, and 1127, §1-2.” (Can. 1108 §1)
4) place of celebration:
Normally the marriages are to be celebrated in a parish. However, if the spouse wishes to have in another parish, they should get the permission from the proper pastor. Canon 1118&2 “The local ordinary can permit a marriage to be celebrated in another suitable place”
5) registration of marriage:
Marriage is public event that gives a special status in the church as well as in the society. It is important that to record the marriage which the legal evidence for their marriage. Each parish is to have a marriage register. Canon 1121&1 explains what are the information to be recorded in the marriage register. canon 1121&1 “After a marriage has been celebrated, the pastor of the place of the celebration or the person who takes his place, even if neither assisted at the marriage, is to note as soon as possible in the marriage register the names of the spouses, the person who assisted, and the witnesses, and the place and date of the celebration of the marriage according to the method prescribed by the conference of bishops or the diocesan bishop.”
The sacrament of Baptism:
Canon 849 “Baptism, the gateway to the sacraments and necessary for salvation by actual reception or at least by desire, is validly conferred only by a washing of true water with the proper form of words. Through baptism men and women are freed from sin, are reborn as children of God, and, configured to Christ by an indelible character, are incorporated into the Church.” it introduces some theological elements of baptism. Lumen Gentium 11 says that baptism is the gateway to the other sacraments. Through the baptism, the faithful enters into the membership of the Catholic Church. This sacrament leads the faithful to participate in the threefold ministry of Jesus that are priestly, prophetic and kingly.
1) formation of the baptism:
Canon 851&2 explains about the formation for baptism. This canon mentioned two aspects of preparation: 1) instruction 2) formation. The parents and godparents are to be instructed about the meaning of the sacrament and the responsibility of the parents and godparents. it is also to educate the parents and godparents about the baptism which help the child to grow in deep catholic faith.
2) baptismal water:
Canon 853 “Apart from a case of necessity, the water to be used in conferring baptism must be blessed according to the prescripts”. It says that the blessed water should be used for the baptism. If the catechist or other person baptizes somebody, the water cannot be blessed during the ceremony, but if possible, water already blessed should be used. Water symbolizes that the purification our original sin.
3) baptismal name :
Canon 855 “Parents, sponsors, and the pastor are to take care that a name foreign to Christian sensibility is not given.” it says that the Christian name should be given to the faithful who receives the baptism. The church has some exception on this canon, the first preference for a Christian name and any name can be given, as long as it is not offensive to Christian belief.
4) time of celebration:
Canon 856 “Although baptism can be celebrated on any day, it is nevertheless recommended that it be celebrated ordinarily on Sunday or, if possible, at the Easter Vigil.” This canon says that the baptism can be given on any day but the appropriate time for the celebration of this sacrament is on Sundays and the Easter vigil, because baptism is not a individual celebration but a community celebration.
5) the minister of baptism:
canon 861 &2 “When an ordinary minister is absent or impeded, a catechist or another person designated for this function by the local ordinary, or in a case of necessity any person with the right intention, confers baptism licitly. Pastors of souls, especially the pastor of a parish, are to be concerned that the Christian faithful are taught the correct way to baptize”. The bishop, priest and a deacon has every right to give baptism but in case of necessary or if priest and deacons are not available, a catechist can give baptism. These situations are common in the missionary country where the people are suffered from a scarcity of priest and deacons.
The sacrament of confirmation:
The purpose of this sacrament is to strengthen ourselves with the gifts of holy sprit who acted on early basic Christian community. Holy Spirit will strengthen our faith in order to proclaim our faith to others and bear witness to Christ. So that this sacrament is given after the first Eucharist in the age of reason.
1) nature and effects of confirmation:
Canon 879 describes about the nature and effects of the confirmation. “The sacrament of confirmation strengthens the baptized and obliges them more firmly to be witnesses of Christ by word and deed and to spread and defend the faith. It imprints a character, enriches by the gift of the Holy Spirit the baptized continuing on the path of Christian initiation, and binds them more perfectly to the Church.” through this sacrament those who are confirmed strengthen their faith in order to spread and defend the faith. On the day of Pentecost the apostles received the gift of Holy Spirit, which we are to receive, will be a spiritual sign and seal to make you more like Christ and more perfect members of the church.
2) essential elements of this sacrament:
Canon 880§1 “The sacrament of confirmation is conferred by the anointing of chrism on the forehead, which is done by the imposition of the hand and through the words prescribed in the approved liturgical books.” the essential elements of this sacrament is the imposition of the hand and anointing of the forehead with the chrism oil. Innocent III says, “The anointing of the forehead with the chrism signifies the laying on of the hand, the other name for which is confirmation, since through it the holy sprit is given for growth and strength.”
3) Minister of the sacrament:
Canon 883 states that the Bishop of the particular diocese has every right to confirm the faithful. The priest can also confirm the faithful in the situations such as the absence of the Bishop from the diocese, his illness, distance and the large number of the parishes in a diocese. The priest extends hands over the candidates along with the principal celebrant, but do not join in the prayer, which accompanies laying on of hands.
4) Sponsors:
Canon 892 “Insofar as possible, there is to be a sponsor for the person to be confirmed; the sponsor is to take care that the confirmed person behaves as a true witness of Christ and faithfully fulfills the obligations inherent in this sacrament.” This canon define the role of the sponsors . The sponsor is a person who lives a true witness to the Christ and fulfills faithfully the obligation s connected with the sacrament. As we have godparents in baptism, the sponsor is needed for strengthening our faith as well as to take care of our spiritual responsibility.
The sacrament of Holy Communion:
Pope Pius X in his encyclical “quam singulari” in 1910 said that the children to first Eucharist at the age of reason or the age of seven. Canon 913 §1ensure that children who receive the Eucharist have adequate catechetical and spiritual preparation. “The administration of the Most Holy Eucharist to children requires that they have sufficient knowledge and careful preparation so that they understand the mystery of Christ according to their capacity and are able to receive the body of Christ with faith and devotion.” the children must be educate the differences between ordinary food and spiritual food. The children those who are in the danger of death can receive the communion with the knowledge of distinguishing ordinary food from the body of Christ.
1) Penance before first communion:
The children must confess their sins before receiving the first communion in order to purify our souls and allow entering Jesus Christ into our body. Through communion, our body becomes the body of Christ and our blood becomes the blood of Christ.
2) Communion twice a day:
Canon 917 “A person who has already received the Most Holy Eucharist can receive it a second time on the same day only within the Eucharistic celebration in which the person participates, without prejudice to the prescript of can. 921, §2.” the faithful are allow to receive the communion twice a day. The purpose of this law is to promote active participation in the Eucharist and to prevent the abuse of receiving multiple communions out of superstition, ignorance or misguided devotion.
Canon regarding parish administration:
a. records:
a. Canon 535 &1 prescribes the necessity of keeping register for baptism, marriages and death.
b. The priest should keep the records of baptism in which he writes the names of the baptized, with mention made of the minister, parents, sponsors, witnesses , the date and place of birth, the date and place of the baptism. Canon 877§1 “ The pastor of the place where the baptism is celebrated must carefully and without any delay record in the baptismal register the names of the baptized, with mention made of the minister, parents, sponsors, witnesses, if any, the place and date of the conferral of the baptism, and the date and place of birth.”
c. Canon 895 indicates the names and other information to be recorded in the diocesan register to be kept in the central office of the diocese and a parochial register. The pastor of the place where the confirmation took place is required to send notification of the confirmation to the pastor of the place where the confirmed person was baptized.
The marriage register should be maintain in the parish according to canon 1121§1. “ After a marriage has been celebrated, the pastor of the place of the celebration or the person who takes his place, even if neither assisted at the marriage, is to note as soon as possible in the marriage register the names of the spouses, the person who assisted, and the witnesses, and the place and date of the celebration of the marriage according to the method prescribed by the conference of bishops or the diocesan bishop.” The register must contain the information about the names of the spouses, the names of the person who assisted at the marriage and of the two other witnesses and the place and the date of the celebration. The pastor of the place of the marriage is responsible for seeking that the required information is entered into both parish registers where the marriage took place as well as to notify the pastor of the place of baptism.
Canon 958§1 “ The pastor and the rector of a church or other pious place which regularly receives offerings for Masses are to have a special book in which they note accurately the number of Masses to be celebrated, the intention, the offering given, and their celebration”.
d. It calls for the parochial book recording mass offerings and obligations. It is necessary to maintain such book because of the particular diocese can examine each year.
Canon 1284&7 “keep well organized books of receipts and expenditures”
e. The pastor must keep the well-organized books of parochial receipt and expenditure accurately. Before he transfer, it is necessary to hand over up to date inventory to the pastor the one who takes in charge.
2) property management:
Parish property in general includes all temporal goods, which are under the domain of the juridical person of the parish. There are various kinds of the temporal goods. They are a) corporal which is palpable or perceptible to the senses, such as field, a house b) in corporal that which is not palpable or not perceptible by the senses, but by the mind only, such as legal rights and obligations regarding property c) movable, that is, those things which can be transferred from place to place, such as livestock, grain, merchandise, money d) immovable which can not move from one place to another that are field, building etc.,[3]. According to canon 1273, all the ecclesiastical goods belong to the Roman pontiff. “
3) Finance:
Canon 537 speaks about the establishment of parish finance council “In each parish there is to be a finance council which is governed, in addition to universal law, by norms issued by the diocesan bishop and in which the Christian faithful, selected according to these same norms, are to assist the pastor in the administration of the goods of the parish, without prejudice to the prescript of can. 532”. The purpose of this council is to assist the pastor in the administration of the parochial goods. Presbyterorum ordinis 17 said that priests are to manage ecclesiastical property according to the ecclesiastical laws and with the help of skilled layperson.[4]
The function of parish council:
- Advise the Pastor regarding the results of quarterly inspection of all parish facilities.
- Recommend repairs or replacements based on priorities established by these inspections.
- Assist in the development of guidelines concerning use of parish facilities.
- Ensure that the safety and security of the parish campus is addressed and reviewed regularly.
Conclusion:
This assignment brings some important canons, which are applicable to the parish. The first chapter explained about the basic rights of laity in the parish, which helped me to understand the laity and make them to be actively participating in the parish activities according to canon. The second chapter enunciates the canon regarding the sacraments, which are performed by the priest. The third chapter speaks about the canon regarding the administration just like records, finance, and property management. Through this assignment I came to know that some of the basic information about the parish activities which will help me in the future ministry.
