INTRODUCTION TO
THE LAW OF THE CHURCH
RELATING TO THE DEACON
The Deacon
Introduction:
The canonical ministry of deacons springs from a variety of sources. These include the universal law of the Church, the revised Code of Canon Law promulgated in 1983, the documents of Paul VI motu proprio Sacrum Diaconatus Ordinem (18 June 1967) and motu proprio Ad pascendum (15 August, 1972), the liturgical laws of the Church expressed in the various rituals; and laws approved by either the National Conference of Catholic Bishops or the local ordinary.
On 22 February 1998, the documents Fundamental norms for the training of permanent deacons, and the Directory for the ministry and life of permanent deacons were issued by the Congregation for the Clergy. At the time of writing these documents are only available in Latin and Italian. Unfortunately, the writer does not understand either of these languages.
The dogmatic constitution on the Church Lumen Gentium of the Second Vatican Council declared that "… the diaconate could be restored as a proper and permanent rank of the hierarchy" (No 29). The Code of Canon Law effectively legislates for two types of deacons, the permanent deacon and those deacons who are destined for the priesthood. In this paper I will concentrate on those matters that apply to permanent deacons whilst some overlap is inevitable.
Training of Permanent Deacons:
Canon 236 requires that those aspirants to the permanent diaconate are to be nourished in the spiritual life and instructed on those matters that pertain to the duties of this order. Young men are to live for at least three years in some special house, and men of more mature years (either celibate or married) are to spend three years in a training program determined by the National Conference of Catholic Bishops. An aspirant to the permanent diaconate is not to be ordained unless he has completed his time of formation (Canon 1032[3]).
Requirements for Orders:
Only confirmed (Canon 1033) baptised males validly receives sacred orders (Canon 1024) who freely request ordination (Canon 1026), and have received an accurate formation (Canon 1027). Such candidates must be judged by the proper ordinary to be motivated by a right intention, possess the required knowledge, enjoy a good reputation, morals, and proven virtues (Canon 1029).
A candidate for the permanent diaconate who is married must have completed his 35th year and have the consent of his wife (Canon 1031[2]). An unmarried man must not be admitted to the permanent diaconate unless he has completed his 25th year, and has manifested a desire to remain unmarried (Canons 1031[2] and 1037). In accord with Canon 87 the local ordinary could dispense from the age requirement within his territory for a just cause for a period up to a one year (cf: Canon 1031[4]).
Candidates for holy orders must receive and exercise the ministries of lector and acolyte before ordination (Canons 1035 and 230). They must also be inscribed as candidates by the ordinary in the liturgical rite of admission (Canon 1034[1]).
Before ordination the candidate must provide the ordinary with a signed petition for admission to orders, and a declaration written in his own hand, testifying that he is about to receive orders of his own accord and freely, and that he will devote himself perpetually to the ministry (Canon 1036).
Upon receiving the sacrament of orders, those ordained are changed ontologically (Canon 1008) by the imposition of hands and the ritual prayer (Canon 1009) said by the ordaining bishop (Canon 1012, 1015, and 1016).
By virtue of ordination to the diaconate, a man losses his status as a "layman" and become a "cleric" (Canon 266[1]) who is incardinated into a particular diocese. With ordination a cleric accepts certain liabilities and responsibilities under the law. The bishop cannot remove the cleric without following the process of dismissal.
Ministry of Deacons:
The mere fact of ordination does not entitle a deacon to enjoy and exercise those faculties generally granted to deacons. The deacon’s right to faculties is a contingent right dependant upon the decision of the ordinary, or his delegate. The Apostolic Letter of Paul VI setting out the Norms for the Order of Diaconate (Ad Pascendum) is clear in stressing that "the deacon is at the disposal of the bishop," and exercises his ministry "in accordance with the express will of the bishop." All the functions of a deacon must be carried out in perfect community with the bishop and his presbyterium (no. 23). Consequently, at their ordination, deacons promise respect and obedience to their bishop and his successors (Canon 273).
The deacon’s primary function is not the pastoral "care of souls" for which the exercise of the order of the priesthood is required (Canon 150). Bishops for their dioceses, and parish priests for their parishes, have the full responsibility for the pastoral "care of souls" (Canons 528, 529 and 530). The deacon (together with priests and various non-ordained pastoral ministers) may assist the parish priest in this ministry (Canons 517[2] and 519).
Lumen Gentium (no. 29) lists those faculties which may be granted to a deacon. They are:
"to administer Baptism solemnly, to be custodian and dispenser of the Eucharist, in the name of the Church to assist at and bless marriages, to bring Viaticum to the dying, to read the sacred Scriptures to the faithful, to instruct and exhort the people, to preside at the worship and prayer of the faithful, to administer sacramentals, and to officiate at funeral and burial services."
The Motu Proprio Sacrum Diaconatus Ordinem of Pope Paul VI issued June 18, 1967 provides (no. 29) that it pertains to the deacon, to the extent that he has been authorised by the local Ordinary to attend such functions as:
The 1983 revision of the Code of Canon Law provides for the various ministries of deacons listed in both Lumen Gentium and Sacrum Diaconatus Ordinem. Canon 861[1] authorises a deacon to be the ordinary minister of baptism, even though another canon (530[1]) especially entrusts this function to the parish priest. A similar authority is granted by canon law to deacons for ministering Holy Communion (Canon 910[1]); for Exposition of the Blessed Sacrament and Benediction (Canon 943); and for Blessings (Canon 1169[3]). The deacon’s facility to impart blessings is limited to those blessings which are included in the rituals, such as the blessing of rings at a wedding, exorcism at baptism, blessing at benediction, etc. In general, as a cleric the deacon can be the minister of sacramentals provided he has been given the necessary power or his ministry is in accordance with the liturgical books (Canon 1168). Extensive authority for blessings which a deacon can impart can be found in the Book of Blessings (1989).
Chief among the faculties accorded to permanent deacons is that of preaching the Word of God. Canon 764 states that "deacons possess the faculty to preach everywhere, to be exercised with at least the presumed consent of the rector of the Church," unless (1) this facility has been restricted or removed by the competent ordinary, or (2) unless express permission is required by particular law. This facility is given by the general law by virtue of their ordination, and not because of appointment to a particular office.
Sacred ministers (including deacons) are to "value greatly the task of preaching since among their principal duties is the proclaiming of the gospel of God to all" (Canon 762). Parish priests have the responsibility to see that the word of God is faithfully proclaimed to the people (Canons 528[1], 767 [4]). Deacons also are to server the people of God in the ministry of preaching in communion with the bishop and his presbyterate (Canon 757). The homily is preeminent among the forms of preaching and is reserved to the priest or deacon (Canon 767[1]). The ministry of preaching entrusted to the clergy is much wider than giving the homily, and could include catechetical instructions, giving retreats, parish renewal programs, bible study groups, etc. (Canon 776).
The ministry of assisting at weddings and imparting the nuptial blessing is especially entrusted to parish priests (Canon 530[4]). Nevertheless, Canon 1111[1] grants to the local ordinary and the parish priest the ability to delegate to deacons the facility (even a general facility) to assist at marriages within the limits of their territory.
Nevertheless, before a special delegation is granted to witness a specific marriage, all the legal requirements for establishing freedom to marry are to have been fulfilled (Canon 1113). Even in the case of a cleric who has a general delegation to witness marriages, he is to obtain the permission of the parish priest (where possible) and establish the freedom of the parties to the marriage (Canon 1114). The requirement to obtain the permission of the parish priest reflects a deference to those who have the right to witness all marriages in their parishes (Canon 530[4]). However, a failure to obtain the parish priest’s specific permission will not affect the validity of a marriage.
Canon 89 states that parish priests, priests or deacons cannot dispense from universal or particular law unless this power has been expressly granted to them. Canon 1079 extends the power to dispense from matrimonial impediments when one or both parties are in danger of death. Canon 1080 extends the same dispensing power when all preparations for a wedding have been made but its celebration has been prevented by an impediment, except those arising from reception of the priesthood.
Deacons have their own part to play in the celebration of divine worship (Canon 835[3]) which is defined in the liturgical books. A distinction must be made between presiding at the liturgy, and deacons fulfilling their specific function in the liturgical celebrations. For example, proclaiming the Gospel is not a presidential function, and where possible, should be entrusted to a priest or deacon other than the presider.
Permanent deacons are to resite those parts of the liturgy of hours determined by the conference of bishops (Canons 276[3] and 1174, General Instruction of the Liturgy of Hours, no. 29-30). In Australia the requirement is for permanent deacons to resite morning and evening prayer.
Generally, a deacon presides at the liturgy only in the absence of the bishop or a priest. As the primary assistants of priests, deacons can be called upon to provide a supply function. "Since the deacon has been ordained to nurture and increase of the people of God, it belongs to him to lead the prayers, to proclaim the Gospel, to preach the homily, and to give communion" (Directory for Sunday Celebrations in the Absence of a Priest, Vatican City, 1988).
General Provisions for Deacons:
Clerics are not to leave their diocese for a notable period of time without at least the presumed permission of the ordinary (Canon 283). Permanent deacons by virtue of Canon 288 are not bound by the prescripts of clerical dress (Canon 284), occupations foreign to the clerical state such as public office (Canon 285 [3-4]), carrying on business and trade (Canon 286) or acting as officials in labour unions (Canon 287 [2]).
Conclusion:
Canon law grants rights to the faithfully the fulfilment of which is the responsibility of the clergy. This is summarised in Canon 213, "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."
In this paper, we have seen that the responsibility for pastoral care of the faithful is entrusted to their parish priest to whom is granted by the law itself those facilities necessary to fulfil their office (Canon 530). The ministry of deacons is complementary to that of the parish priest, and is exercised in collaboration with the ministries of bishops and priests.
The Code of Canon Law specifically addresses the sacramental and liturgical aspects of the deacon’s ministry. However, other than by reference to the general provisions which apply to all Christ’s faithful (cf: Canon 222[2]), there is no reference in the Code to the deacon’s ministry of charity and care for the poor. It is this ministry of service that is peculiar to the diaconate. Yes, deacons do have a liturgical role, but they are not ordained primarily for a liturgical or sacramental ministry. The deacon’s ministry of service has been widely discussed theologically, and yet, this aspect has been totally neglected by the Code of Canon Law.
BIBLIOGRAPHY:
James A Coriden, Thomas J Green, and Donald E Heintschel, The Code of Canon Law - A Text and Commentary. (New York: Paulist Press, 1985).
Austin Flannery, Vatican Council 2 - The Conciliar and Post Conciliar Documents. (Dublin: Dominican Publications, 1975.)
Austin Flannery, Vatican Council 2 - More Post Conciliar Documents. (New York: Costello Publishing Company, 1982.)
John M Huels, The Pastoral Companion - A Canon Law Handbook for Catholic Ministry. (Quincy: Franciscan Press, 1995.)
William H Woestman, Sacraments. (Ottawa: Faculty of Canon Law Saint Paul University, 1992.)
Paul Augustin Cardinal Mayer and Vergilio Noe, Directory for Sunday Celebration in the Absence of a Priest. (Vatican City: Congregation for Divine Worship, 1988)
Bishops’ Committee on the Liturgy, Gathered in Steadfast Faith - Statement on Sunday Worship in the Absence of a Priest. Washington: United States Catholic Conference Inc, 1991.)
International Commission on English in the Liturgy, The Rites of the Catholic Church Volume Two. (Collegeville: The Liturgical Press, 1991.)
International Commission on English in the Liturgy, The Divine Office (Sydney: E J Dwyer, 1974.)
Randolph R Calvo and Nevin J Klinger, Clergy Procedural Handbook. (Washington: Canon Law Society of America, 1992)