LAITY. - In opposition to clerics (v. CLERO), this term is used in the CIC to designate 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 layman comes from the Greek word λαός, which St. Peter (I Pt. 2:10) uses to designate the entire Christian people. From it there later derived the name λαϊκός (St. Clement, I Cor., ch. 100, 40); Tertullian already uses it as a technical term to indicate the faithful who do not belong to the clergy: a terminology that was subsequently universally accepted down to our own days.
In the Catholic Church the lay state is not acquired by birth, but solely by the conferral of Baptism (can. 87), which constitutes the positive element by which 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, whether 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, ch. 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 can in no way participate in the sacrificial, sanctifying, teaching and jurisdictional power of the Catholic Church (7, C. XII, q. 1); if instead 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 crime of heresy, apostasy or schism separates one only from the body of the Church, but never from subjection to ecclesiastical authority.
II. HISTORY
In ancient law the laity had, in comparison with later periods, greater freedom of action within the sphere of the ecclesiastical sphere, although the Church has always been little favorable to their intrusion into the hierarchy; many times the concessions made were due only to the sadness of the times and to the needs of the Church. They could be elected priests or bishops (cf. Council of Sardica, can. 10); but the Church tolerated this custom for a short time, issuing procedures for the safeguarding of the Sacrament of Order. They took part in the great assemblies with the right of consultative vote. They also participated in the election of the bishop, so that it could be proved that the elect "enjoyed a good reputation among those outside" (I Tim. 3, 7). This right, in the early Middle Ages, was transformed into a true and proper abuse and gave rise to the investiture controversy (v.). The CIC has substantially modified the juridical condition of the l., leaving in force only the rights indispensable for their state.
III. RIGHTS
Through Baptism the laity become capable of receiving, servatis servandis, the other Sacraments. In case of necessity they can act as minister in the conferral of Baptism (can. 742 § 2); they may receive Communion and bring Communion as viaticum in case of persecution; in the Latin Church they are the only ministers of the Sacrament of marriage; 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 welfare (can. 682). This right is not one of commutative justice, but of legal justice, granted by divine law for the Sacraments necessary by necessity of means or by divine precept; by ecclesiastical law, for the use of Sacraments not necessary by divine precept, and for the sacramentals. Furthermore they may freely choose their burial (can. 1223); hold the office of cursors and apparitors (can. 1592); they can be appointed notaries, except in criminal cases of priests (can. 373 § 3); the parish priest may make use of the laity for the religious education of children (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, to defend their own rights against any violation (14, X, 1, 31).
The laity, on the basis of titles anterior to the entry into force of the CIC, may enjoy the right of patronage (v. can. 1448); and, by virtue of concordatary concessions and indults, also the right of presentation to a church or to an ecclesiastical benefice (can. 1471): by force of such concessions, the ecclesiastical authority cannot deny the presented candidate, provided he is recognized as suitable, canonical institution (can. 1466 § 1). They can be members of the fabric council (can. 1183 § 1), of the diocesan council of administration (can. 1520 § 1) and of the councils of administration of churches and of pious 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 for the marriage bond (can. 249 § 3) and to the Congregation of the Council for questions regarding patrimonial rights and precedence (can. 250 § 2). If the same questions are brought before jurisdictional bodies, the diocesan or regional tribunals are competent, as are the tribunals of the Holy See, equally competent also for crimes against person and property (can. 1938).
IV. OBLIGATIONS
The laity are bound by the obligations common to all the faithful, which concern the magisterium, ecclesiastical power, divine worship, the Sacraments, the sacramentals, the order of judgments 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 from the Holy See. Today this obligation rests upon every member of the laity when exercising the right to vote: which must be given "to those candidates or to those lists of candidates, who offer truly sufficient guarantees for the protection of the rights of God and of souls, for the true good of individuals, of families and of society, according to the law of God and Christian moral doctrine" (Pius XII, Hortatio Pastoralis ad parochos 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
The laity are not permitted to 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 the laity assigned to the service of the 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, change or alter the documents of the Curia (can. 435 § 3); they may not give their name to associations condemned by the Church (can. 684); they may not touch sacred vessels, nor wash the purificators, corporals, etc. (can. 1306 § 1-2); nor hold public disputes with non-Catholics (can. 1325 § 3) nor preach in church (can. 1342 § 2). The laity too must submit their books to ecclesiastical censorship (can. 1385) and are prohibited from writing in papers or periodicals that oppose the Catholic religion (can. 1386 § 2); in ecclesiastical causes they may not fulfill the office of arbitrator (can. 1931) nor of auditors or assessors, even if the causes have a connection with civil law (S. Congr. Concilio, 14 Dec. 1918: AAS, 11 [1919], p. 132). Finally, spiritual rights, of which the laity are incapable, are not subject to prescription, if it is a question of prescription in favor of the laity (can. 1509 § 3).
2. Positive obligations
They must contribute to the support of the clergy (can. 1496) and observe the diocesan provisions on the fulfillment of obligations of pious causes and of celebrations of Masses (can. 841 § 1).
V. CRIMINAL LAW
Even in penalties the condition of the laity has legal relevance. The CIC, after having expressed this principle in a general way (can. 2218), determines the censures that can be applied to the laity: excommunication and interdict (can. 2255 § 2), and only in the application of penalties to individual crimes does it determine when the condition of the laity is a mitigating circumstance compared with that of the cleric (cans. 2341; 2322, 1; 2354, 1; 2357, 1): this norm is not always respected (cans. 2333; 2391 § 2; 2324).