Laity (LAICI) - Catholic Encyclopedia, Vol. VII, p. 503

Machine translation of the 1948–1954 Italian original. The original text is authoritative.

LAICI. — In opposition to clerics (v. CLERO), this term designates in the CIC baptized persons who hold no rank in the ecclesiastical hierarchy, enjoy the common rights, and are bound by the common obligations.

I. ETYMOLOGY AND NATURE OF THE LAY STATE

The name l. derives from the Greek word λαός, which St Peter (I Pt. 2, 10) uses to designate the entire Christian people. From it there subsequently arose the name λαϊκος (St Clement, I Cor., chap. 100, 40); Tertullian already uses it as a technical term to indicate the faithful who do not belong to the clergy: terminology that was later universally accepted and has remained so to our own day.

In the Catholic Church, the lay state is not acquired by birth, but solely through the conferral of Baptism (can. 87), which constitutes the positive element whereby one becomes a member of the body of the Church and, by divine right, is subject to ecclesiastical authority; as an essential condition, a negative element is also required: that one not be a member of the ecclesiastical hierarchy, either of order or of jurisdiction. This second element establishes a clear distinction between the clergy and the laity, a distinction of divine right (Council of Trent, Sess. XXIII, chap. 4; CIC, cann. 107, 948), because the hierarchy was explicitly willed and instituted by Jesus Christ. The ecclesiastical hierarchy, if understood in the strict sense, excludes the laity from its sphere, since they cannot in any way participate in the sacrificial, sanctifying, teaching, and jurisdictional power of the Catholic Church (7, C. XII, q. 1); if, on the other hand, the hierarchy is understood in the universal sense, the laity occupy its lowest degree. The lay state, being founded on the indelible character of Baptism, can never be lost; the offense of heresy, apostasy, or schism separates one only from the body of the Church, but never from submission to ecclesiastical authority.

II. HISTORY

In ancient law, the laity had, compared with later periods, greater freedom of action within the sphere

(photograph from the Museum)
THE HAGUE – La Lettera, a work by G. ter Borch – The Hague, Mauritshuis Museum.

in the ecclesiastical sphere, although the Church has always been little disposed toward their interference in the hierarchy; the concessions granted on many occasions were due solely to the sadness of the times and the needs of the Church. They could be elected priests or bishops (cf. Council of Sardica, can. 10); but the Church tolerated this custom only briefly, issuing regulations for the safeguarding of the Sacrament of Orders. They took part in the great assemblies with the right to a consultative vote. They also participated in the election of the bishop, so that it might be demonstrated that the elected man «enjoyed a good reputation among those outside» (I Tim. 3:7). In the High Middle Ages, this right was transformed into a genuine abuse and gave rise to the investiture controversy (v.). The CIC substantially modified the juridical status of the l., leaving in force only the rights indispensable to their state.

III. RIGHTS

Through Baptism the l. become capable of receiving, servatis servandis, the other Sacraments. In case of necessity they may act as ministers in the conferral of Baptism (can. 742 § 2); they may receive Communion and carry it as Viaticum in case of persecution; in the Latin Church they are the sole ministers of the Sacrament of Matrimony; they have the right to receive from the clergy, according to the norms of ecclesiastical discipline, spiritual goods and especially the aids necessary for spiritual health (can. 682). This right is not one of commutative justice, but of legal justice, granted by divine law for the Sacraments necessary by reason of necessity of means or divine precept; by ecclesiastical law, for the use of Sacraments not necessary by divine precept, and for sacramentals. Moreover, they may freely choose their burial place (can. 1223); hold the office of cursors and apparitors (can. 1592); they may be appointed notaries, except in criminal cases involving priests (can. 373 § 3); for the religious education of children, the parish priest may make use of the l. (can. 1333 § 1). They enjoy the right to communicate freely with ecclesiastical superiors, independently of the civil authority, to receive religious instruction in the vernacular, and to defend their rights against any violation (14, X, 1, 31).

The l., on the basis of titles predating the entry into force of the CIC, may enjoy the right of patronage (v. can. 1448); and, by virtue of concordat concessions and indults, also the right of presentation to a church or an ecclesiastical benefice (can. 1471): by virtue of such concessions, the ecclesiastical authority may not deny canonical institution to the person presented, provided that he is recognized as suitable (can. 1466 § 1). They may be members of the church-factory council (can. 1183 § 1), the diocesan administrative council (can. 1520 § 1), and the administrative councils of churches and other places (can. 1521 § 1-2): economic activity must always be carried out in the name of the Church, and each year they must render an account of their administration to the Ordinary of the place. The protection of these rights belongs to the Ordinary of the place and to the Holy See, that is, to the Congregation for the Discipline of the Sacraments in matters concerning the matrimonial bond (can. 249 § 3), and to the Congregation of the Council in questions concerning patrimonial rights and precedence (can. 250 § 2). If the same questions are brought before judicial bodies, the competent tribunals are the diocesan or regional tribunals and the tribunals of the Holy See, likewise competent for offenses against persons and property (can. 1938).

IV. OBLIGATIONS

Laypeople are bound by the obligations common to all the faithful, concerning the teaching office, ecclesiastical authority, divine worship, the Sacraments, sacramentals, the order of judicial proceedings, and penal law. Those who hold public office in the State have the special obligation to defend and publicly promote the Catholic religion, according to the directives they receive from the bishops and the Holy See. Today this obligation rests upon every layperson when exercising the right to vote: the vote must be given «to those candidates or lists of candidates who offer truly sufficient guarantees for the protection of the rights of God and souls, for the true good of individuals, families, and society, according to the law of God and Christian moral doctrine» (Pio XII, Hortatio Pastoralis ad pa-

rochos Urbis et concionatores sacri temporis quadragesimalis, 10 March 1948: AAS, 50 [1948], p. 119).

The specific obligations recalled by the CIC are divided into negative and positive:

1. Negative obligations. – Laypeople may not wear ecclesiastical dress; an exception is made for seminarians and aspirants to religious Orders, even if for special reasons they reside outside religious institutes (can. 972 § 2), and for laypeople employed in the service of a church when they take part in an ecclesiastical ministry (can. 638); they are incapable of receiving ecclesiastical jurisdiction, offices, and pensions (can. 118); they may not in any way remove, destroy, alter, or modify documents of the Curia (can. 435 § 3); they may not enroll in associations condemned by the Church (can. 684); they may not touch sacred vessels or wash purificators, corporals, etc. (can. 1306 § 1-2); nor may they engage in public disputes with non-Catholics (can. 1325 § 3) or preach in church (can. 1342 § 2). Laypeople too must submit their books to ecclesiastical censorship (can. 1385) and are forbidden to write in papers or periodicals opposed to the Catholic religion (can. 1386 § 2); in ecclesiastical cases they may not serve as arbitrators (can. 1931), nor as auditors or assessors, even when the cases are connected with civil law (S. Congr. Concilio, 14 Dec. 1918: AAS, 11 [1919], p. 132). Finally, spiritual rights are not subject to prescription when laypeople are incapable of possessing them, if the prescription is in favor of laypeople (can. 1509 § 3).

2. Positive obligations. – They must contribute to the support of the clergy (can. 1496) and observe diocesan provisions concerning the fulfillment of obligations arising from pious causes and the celebration of Masses (can. 841 § 1).

V. DIRITTO PENALE

The condition of being a layperson also has juridical relevance in penalties. The CIC, after expressing this principle in general terms (can. 2218), determines the censures that may be applied to laypersons: excommunication and interdict (can. 2255 § 2); and only in applying penalties to individual offenses does it determine when the condition of being a layperson constitutes a mitigating circumstance in comparison with that of a cleric (cann. 2341; 2322, 1; 2354, 1; 2357, 1): this rule is not always observed (cann. 2333; 2391 § 2; 2324).

BIBL.: G. Politi, Jus laicorum in Ecclesia, Venice 1749; L. P. Cairoli, I l. nel codice di diritto canonico con richiami alla legislazione italiana, Milan 1917; D. Mannaioli, De obligatiumibus christianorum propriis, Rome 1919; P. Schmitz, Das kirchliche Laienrecht nach dem C.J.C., Münster 1927; B. Mathis, Das katholische Kirchenrecht für den Laien, Paderborn 1940; P. B. Kurtscheid, Historia iuris canonici. Historia institutorum, I, Rome 1941, pp. 105 SGG, 225 SGG.