CHAPTER II
: THE ENROLMENT OR INCARDINATION OF CLERICS
Can.
265 Every cleric must be incardinated in a particular church, or in a personal
Prelature, or in an institute of consecrated life or a society which has this
faculty: accordingly, acephalous or 'wandering' clergy are in no way to be
allowed.
Can.
266 §1 By the reception of the diaconate a person becomes a cleric, and is
incardinated in the particular Church or personal Prelature for whose service
he is ordained.
§2 A member
who is perpetually professed in a religious institute, or who is definitively
incorporated into a clerical society of apostolic life, is by the reception of
the diaconate incardinated as a cleric in that institute or society unless, in
the case of a society, the constitutions determine otherwise.
§3 A member
of a secular institute is by the reception of the diaconate incardinated into
the particular Church for whose service he was ordained, unless by virtue of a
concession of the Apostolic See he is incardinated into the institute itself.
Can.
267 §1 To be validly incardinated in another particular Church, a cleric who is
already incardinated must obtain a letter of excardination signed by the
diocesan Bishop, and in the same way a letter of incardination signed by the
diocesan Bishop of the particular Church in which he wishes to be incardinated.
§2
Excardination granted in this way does not take effect until incardination is
obtained in the other particular Church.
Can.
268 §1 A cleric who has lawfully moved from his own particular Church to
another is, by virtue of the law itself, incardinated in that latter Church
after five years, if he has declared this intention in writing to both the
diocesan Bishop of the host diocese and his own diocesan Bishop, and neither of
the two Bishops has indicated opposition in writing within four months of
receiving the cleric's written request.
§2 By
perpetual or definitive admission into an institute of consecrated life or a
society of apostolic life, a cleric who in accordance with can. 266 is
incardinated in that institute or society, is excardinated from his own
particular Church.
Can.
269 A diocesan Bishop is not to incardinate a cleric unless:
1° the need
or the advantage of his particular Church requires it and the provisions of law
concerning the worthy support of the cleric are observed;
2° he knows
by a lawful document that excardination has been granted, and has also obtained
from the excardinating Bishop, under secrecy if need be, appropriate
testimonials concerning the cleric's life, behaviour and studies;
3° the
cleric declares in writing to the same Bishop that he wishes to enter the
service of the new particular Church in accordance with the norms of law.
Can.
270 Excardination can be lawfully granted only for a just reason, such as the
advantage of the Church or the good of the cleric. It may not, however, be
refused unless grave reasons exist; it is lawful for a cleric who considers
himself to be unfairly treated and who has a Bishop to receive him, to have
recourse against the decision.
Can.
271 §1 Except for a grave need of his own particular Church, a Bishop is not to
refuse clerics seeking permission to move whom he knows to be prepared and
considers suitable to exercise the ministry in regions which suffer from a
grave shortage of clergy. He is to ensure, however, that the rights and duties
of these clerics are determined by written agreement with the diocesan Bishop
of the place to which they wish to move.
§2 A Bishop
can give permission to his clerics to move to another particular Church for a
specified time. Such permission can be renewed several times, but in such a way
that the clerics remain incardinated in their own particular Church, and on
returning there enjoy all the rights which they would have had if they had
ministered there.
§3 A cleric
who lawfully moves to another particular Church while remaining incardinated in
his own, may for a just reason be recalled by his own Bishop, provided the
agreements entered into with the other Bishop are honoured and natural equity
is observed. Under the same conditions, the Bishop of the other particular
Church can for a just reason refuse the cleric permission to reside further in
his territory.
Can.
272 The diocesan Administrator cannot grant excardination nor incardination,
nor permission to move to another particular Church, unless the episcopal see
has been vacant for a year, and he has the consent of the college of
consultors.
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