Keith Mack
Canon 1272 is a piece of Canon Law that dictates that in regions where benefices still exist, it is the responsibility of the Episcopal Conference to regulate these benefices by implementing norms that are agreed upon and approved by the Apostolic See. The purpose of these norms is to ensure that the income and capital of the benefice are gradually transferred to the fund mentioned in Canon 1274 §1. Canon Law, a set of laws and regulations governing the Catholic Church, encompasses various topics, including the acquisition of temporal goods, the rights and obligations of the faithful, taxation, and the support of clergy.
| Characteristics | Values |
|---|---|
| Canon number | 1272 |
| Benefices | To be regulated by the Episcopal Conference |
| Purpose | To transfer income and capital to the fund mentioned in Canon 1274 §1 |
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What You'll Learn
Episcopal Conference
Canon 1272 states that in regions where benefices still exist, the Episcopal Conference is responsible for regulating these benefices through norms agreed upon with and approved by the Apostolic See. The norms aim to transfer the income and, if possible, the capital of the benefice to the fund mentioned in Canon 1274 §1.
The Episcopal Conference, as outlined in Canon 1272, plays a crucial role in managing and regulating benefices within the Church. It works closely with the Apostolic See to establish appropriate norms that govern these benefices, ensuring that the income and, if feasible, the capital is transferred to the designated fund.
The Episcopal Conference, mentioned in Canon 1272, is a significant entity within the Church's governance structure. It is responsible for creating and enforcing norms that pertain to benefices, which are ecclesiastical offices or properties that provide revenue for the support of clergy or other religious purposes.
Additionally, the Episcopal Conference has broader responsibilities beyond Canon 1272. In Canon 1262, it is mentioned that the faithful are expected to support the Church according to the norms established by the Episcopal Conference. This highlights the Conference's role in setting standards and guidelines for the Church's operations.
Furthermore, the Episcopal Conference is also involved in financial decision-making within the Church. According to Canon 1265, the Conference can create rules regarding collections, ensuring that all parties, including mendicants, adhere to these regulations. This demonstrates the Conference's authority in managing the Church's financial aspects.
In Canon 1274, the responsibilities of the Episcopal Conference extend to ensuring social provision for the clergy. It is tasked with overseeing the establishment of funds for supporting the clergy within each diocese. This showcases the Conference's role in safeguarding the well-being of Church personnel.
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Apostolic See
Canon 1272 states that in regions where benefices still exist, it is the responsibility of the Episcopal Conference to regulate such benefices by implementing appropriate norms, with the agreement and approval of the Apostolic See. The purpose of these norms is to ensure that the income and, as much as feasible, the capital of the benefice is gradually transferred to the fund mentioned in Canon 1274 §1. This fund is established to support the clergy and ensure their social provision, as outlined in Canon Law.
The Apostolic See, also known as the Holy See, is the ecclesiastical jurisdiction of the Bishop of Rome, commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church and the central governing authority. The Pope, as the successor of Saint Peter, is considered the Vicar of Christ and the visible head of the Catholic Church on earth.
In Canon Law, the Apostolic See plays a crucial role in regulating and approving certain matters. For example, in Canon 1272, the Apostolic See is responsible for approving the norms set by the Episcopal Conference regarding benefices. Additionally, in Canon 1264, it is mentioned that taxes imposed by the provincial Bishops' meeting must be approved by the Apostolic See. This demonstrates the Apostolic See's role in overseeing and providing consent for specific financial matters within the Church.
The Apostolic See also holds authority over the administration of ecclesiastical goods, as mentioned in Canon 1276. The Ordinaries, who are the bishops or archbishops in charge of a diocese, are responsible for supervising and regulating the administration of these goods. However, the ultimate authority rests with the Apostolic See, as indicated in Canon 1275, which states that dioceses can cooperate on reserves or funds with the approval of the Apostolic See.
Furthermore, the Apostolic See is associated with the supreme administration of ecclesiastical goods, as mentioned in Canon 1273. The Roman Pontiff, by virtue of his primacy of governance, is recognised as the supreme administrator and steward of all ecclesiastical goods. This highlights the direct involvement of the Apostolic See in the management and stewardship of the Church's temporal possessions.
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Diocesan Bishop
The norms and obligations governing the life and ministry of diocesan bishops are found in Book II, Chapter II, canons 375–411 of the Code of Canon Law. The Eastern code treats eparchies (dioceses) and bishops in Title VII, canons 177–218 of the Code of Canon Law.
Every three years, bishops of a province propose a confidential list of priests suitable for the office of bishop, which is sent to the Apostolic See through the pontifical legate. A diocesan bishop may also propose priests he deems worthy. A candidate for bishop must be at least 35 years old, ordained to the priesthood for at least five years, and of outstanding moral character. He must also possess a doctorate or licentiate in scripture, theology, or canon law, or be an expert in these disciplines.
A priest named a bishop must receive episcopal ordination within three months of the apostolic letter of appointment and take canonical possession of the diocese. A bishop takes canonical possession of a diocese by showing the apostolic letter to the college of consultors in the presence of the chancellor of the curia of the diocese, who records the event. If the diocese is newly established, the bishop shows the letter to the clergy and people in the cathedral church, and the senior priest present records it.
In terms of financial administration, the diocesan bishop must consult the finance committee and the college of consultors for major acts of administration. For acts of extraordinary administration, the bishop needs the consent of the committee and the college of consultors. The Episcopal Conference determines what constitutes acts of extraordinary administration. The diocesan bishop may entrust certain financial duties to the financial administrator.
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Juridic persons
Canon Law, or Catholic Church Law, recognises juridic persons, which are subjects in Canon Law with obligations and rights that correspond to their nature. Juridic persons are either aggregates of persons (universitas personarum) or aggregates of things (universitas rerum). An aggregate of persons is collegial when its members determine its actions through participation in rendering decisions, and non-collegial when they do not. An aggregate of things, or an autonomous foundation, consists of goods or things, whether spiritual or material, and either one or more physical persons or a college directs it according to the norm of law and the statutes.
Public juridic persons are aggregates of persons or things that are constituted by competent ecclesiastical authority so that they fulfil purposes in the name of the Church. The Catholic Church and the Apostolic See are considered moral persons by divine ordinance. Juridic persons are constituted by the prescription of law or by a special grant of competent authority given through a decree.
The universal Church, the Apostolic See, particular Churches, and all other public and private juridic persons are capable of acquiring, retaining, administering, and alienating temporal goods in accordance with the law. The diocesan Bishop can tax public juridic persons moderately and proportionately to their income, and for grave need, they can tax other physical and juridic persons.
A privilege is a favour given through a particular act to benefit certain physical or juridic persons. It can be granted by the legislator or by an executive authority. Individual persons cannot renounce a privilege granted to a juridic person if the renunciation brings disadvantage to the Church or others.
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Ecclesiastical goods
Canon 1272 states that in regions where benefices still exist, the Episcopal Conference must regulate these benefices by appropriate norms, agreed with and approved by the Apostolic See. The purpose of these norms is that the income and, as far as possible, the capital itself of the benefice should be transferred to the fund mentioned in Canon 1274 §1.
The Catholic Church has the inherent right to acquire, retain, administer, and alienate temporal goods to achieve its proper objectives. These objectives include the regulation of divine worship and the provision of fitting support for the clergy. The Church may acquire such goods by any means lawful for others to use. The faithful have the right to donate temporal goods for the benefit of the Church, and the Church has the right to require from the faithful whatever is necessary for its objectives. This includes the ability to levy taxes on public juridical persons within its authority.
The administration of ecclesiastical goods is the responsibility of those with direct power over the person to whom the goods belong. However, Ordinaries must carefully supervise this process and can intervene in cases of administrator negligence. The diocesan Bishop must consult the finance committee and the college of consultors for significant financial decisions and obtain their consent for acts of extraordinary administration. Each juridical person should have a finance committee or counsellors to assist in the administrator's duties.
Immovable goods, precious movable goods, rights, and legal claims belonging to the Apostolic See are prescribed after a hundred years. For goods belonging to another public ecclesiastical juridical person, the prescription period is thirty years. Offerings made to ecclesiastical juridical persons are presumed to be made to the juridical person itself and cannot be refused without just cause.
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Frequently asked questions
Canon 1272 states that in regions where benefices still exist, it is the responsibility of the Episcopal Conference to regulate such benefices by appropriate norms, agreed upon and approved by the Apostolic See. The aim is to gradually transfer the income and capital of the benefice to the fund mentioned in Canon 1274 §1.
Benefices refer to the granting of ecclesiastical offices, along with their associated revenues, to individuals, typically clergy members, as a means of providing for their sustenance and support.
The Apostolic See, or the Holy See, is the supreme governing authority of the Catholic Church. In Canon 1272, it approves and oversees the regulation of benefices by the Episcopal Conference, ensuring compliance with canonical norms.
Canon 1272 directly mentions Canon 1274 §1, indicating that the purpose of regulating benefices is to transfer their income and capital to the fund established in Canon 1274 for the support of clergy and diocesan workers, especially in poorer dioceses.
Nearby Canons include 1259, which discusses the Church's acquisition of temporal goods; Canon 1260, addressing the Church's right to require support from the faithful; Canon 1261, affirming the faithful's right to donate temporal goods; and Canon 1262, emphasizing the faithful's duty to support the Church.
