Embedded Files
Canon 834 Sanctifying through Liturgy §1. The Church fulfills its sanctifying function in a particular way through the sacred liturgy, the priestly function of Jesus Christ where sanctification is signified and effected through signs; public worship of God by Christ the Head and members. §2. In the name of the Church it is only by persons legitimately designated and through acts approved. Various words are used: liturgia = cultus, actiones, etc.
Canon 835 General Roles §1. The bishops in the first place exercise the sanctifying function; they are the high priests, dispensers, directors, promoters, and guardians of liturgy. §2. Presbyters also exercise this function. §3. Deacons have a part. §4. The other members of the Christian faithful also have their own part, particularly parents in conjugal life and raising children. Sacerdos is priest and bishop, presbyter is priest (not bishop). These are not always translated accurately.
Canon 836 Common Priesthood Since Christian worship by the common priesthood of the Christian faithful proceeds from faith it is connected to the ministry of the word.
Canon 837 Common Action of the Church §1. Liturgical actions are not private actions but celebrations of the Church. §2. Presence and active participation of the Christian faithful preferred.
Canon 838 Liturgical Control §1. Apostolic See sole authority for the control of the sacred liturgy. §2. Control includes publishing liturgical books and reviewing translations and vigilance over liturgical regulations. §3. Conferences of bishops prepare and publish translated, adapted liturgical books. Recognitio is required. §4. Diocesan bishops gives norms.
Canon 839 “Other” Means §1. Prayer, penance and charity greatly help to root and strengthen the kingdom of Christ in souls and contribute to the salvation of the world. §2. Local ordinaries to control the Spirit in their dioceses.
Part I: The Sacraments
Part I: The Sacraments
Introduction Baptism 30, Conf 18, Important: Euch 62, Pen 39, Anointing 10, Status: Orders 47, Marriage 111 Canons; we will take 221.
Canon 840 Theological Definition The sacraments of the New Testament were instituted by Christ, entrusted to the Church. As actions of Christ and the Church, they are signs and means which express and strengthen the faith, render worship to God, and effect the sanctification of humanity and thus contribute in the greatest way to establish, strengthen, and manifest ecclesiastical communion. Accordingly, in the celebration of the sacraments the sacred ministers and the other members of the Christian faithful must use the greatest veneration and necessary diligence.
Canon 841 Regulation. Since the sacraments are the same for the whole Church and belong to the divine deposit, it is only for the supreme authority of the Church to approve or define the requirements for their validity; it is for the same or another competent authority according to the norm of can. 838 §§3 and 4 to decide what pertains to their licit celebration, administration, and reception and to the order to be observed in their celebration.
Canon 842 Sacraments of Initiation. §1. A person who has not received baptism cannot be admitted validly to the other sacraments. §2. The sacraments of baptism, confirmation, and the Most Holy Eucharist are required for full Christian initiation.
Canon 843 Right to Sacraments. §1. Sacred ministers cannot deny the sacraments to those who seek them at appropriate times, are properly disposed, and are not prohibited by law from receiving them. §2. Pastors and Christians to ensure proper evangelization and catechesis on sacraments.
Canon 844 Liceity. §1. Catholic ministers give catholic sacraments to catholic faithful. §2. Exceptionally, Catholics can receive valid non-catholic sacraments penance, anointing and communion. §3. Exceptionally catholic ministers administer the sacraments of penance, Eucharist, and anointing of the sick to non Catholics with valid sacraments. §4. In danger of death or in grave necessity, any christian can receive sacraments. §5. Norms only after consultation with non-Catholic Church or community.
Canon 845 Sacramental Character. §1. Since the sacraments of baptism, confirmation, and orders imprint a character (configuration to Christ), they cannot be repeated. §2. In uncertainty, conditional conferral allowed. (2 Corinthians 1:22; Ephesians 4:30)
Canon 846 Use Liturgical Books §1. Use liturgical books. §2. The minister to celebrate the sacraments according to the minister’s own rite.
Canon 847 Oils. §1. Holy oils from olives, etc. consecrated recently by bishop. §2. The pastor is to obtain the holy oils from his own bishop and is to preserve them diligently with proper care. Balsam is added to oil for Baptism & Orders.
Canon 848 Payment. Fees established by competent authority, poverty shouldn't deprive a person of sacraments.
Title I: Baptism
Title I: Baptism
(Canon 849 - 878) English Latin
Canon 849 Definition. Baptism, the gateway to the sacraments and necessary for salvation by actual reception or at least by desire, is validly conferred only by a washing of true water with the proper form of words. Through baptism men and women are freed from sin, are reborn as children of God, and, configured to Christ by an indelible character, are incorporated into the Church.
Chapter I: Celebration
Canon 850 Ritual. Baptism is administered according to the order prescribed except in necessity.
Canon 851 Catecumenate. The celebration of baptism must be prepared properly; consequently:
an adult who intends to receive baptism is to be admitted to the catechumenate adapted by the conference of bishops;
the parents and sponsors are to be instructed properly on the meaning and obligations of this sacrament by advice, prayer, uniting families and visiting them.
Canon 852 Children. §1. Children are initiated like adults. §2. Non sui compos is also regarded as an infant with respect to baptism.
Canon 853 Water. Use blessed water.
Canon 854 Immersion. Baptism is to be conferred either by immersion or by pouring.
Canon 855 Name. Take care that a name foreign to Christian sensibility is not given.
Canon 856 Sunday. Baptism is celebrated ordinarily on Sunday, if possible, at the Easter Vigil.
Canon 857 Place. §1. Apart from a case of necessity, the proper place of baptism is a church or oratory. §2. Generally their own or the parent's church.
Canon 858 Baptismal Font. §1. Every parish church is to have a baptismal font. §2. After having heard the local pastor, the local ordinary can permit or order another font.
Canon 859 Grave Inconvenience. Baptism can be in another place if there is grave inconvenience.
Canon 860 Private Homes / Hospitals. §1. Apart from necessity, baptism is not to be conferred in private houses, unless…. §2. Likewise baptism is not to be conferred in hospitals.
Chapter II: Minister
Canon 861 Ordinary Minister. §1. The ordinary minister is a bishop, a presbyter, or a deacon, see can. 530.1. §2. If not available, a catechist or one designated by the local ordinary, or in a case of necessity any person with the right intention. The Christian faithful are taught the correct way to baptize.
Canon 862 Territoriality. Except in a case of necessity, no one is permitted to confer baptism in the territory of another without the required permission, not even upon his own subjects.
Canon 863 Bishop Baptises Adults. The baptism of adults, (over 14) is deferred to the diocesan bishop.
Chapter III: Recipients
Canon 864 Everyone. Every person not yet baptized and only such a person is capable of baptism.
Canon 865 Adults. §1. Adults must (a) have manifested the intention to receive baptism, (b) have been instructed sufficiently, and © have been tested in the Christian life through the catechumenate. The adult is also to be urged to have sorrow for personal sins. §2. An adult in danger of death can be baptized with (a) some knowledge and (b) manifest intention to receive baptism and observe the commandments of the Christian religion.
Canon 866 Christian Initiation. Unless there is a grave reason to the contrary, an adults receive baptism, confirmation and eucharist.
Canon 867 Infant baptism. §1. Infants are baptized in the first few weeks (of life). Parents to ensure this and request from pastor and be prepared. §2. An infant in danger of death is to be baptized without delay.
Canon 868 Consent. §1. For an infant to be baptized licitly: 1º parent or guardian must consent; 2º there must be a founded hope that the infant will be brought up in the Catholic religion. §2. An infant is baptized licitly in danger of death even against the will of the parents.
Canon 869 Conditional Baptism. §1. If baptism is doubtful, it is conferred conditionally. §2. Non-catholic Christians are baptized only if there is a serious doubt about the validity of the baptism. §3. Baptism is conferred after explanation of doubt. Validity of non-Catholic baptism
Canon 870 Foundling. An abandoned infant or a foundling is to be baptized unless after diligent investigation the baptism of the infant is established.
Canon 871 Fetus. If aborted fetuses are alive, they are to be baptized insofar as possible.
Chapter IV: Sponsors
Canon 872 Role. In so far as possible, a person being baptised is to be assigned a sponsor to assist the person in christian initiation or help child to fulfil the duties inherent in baptism.
Canon 873 Number. One sponsor, male or female, is sufficient; but there may be two, one of each sex.
Canon 874 Qualifications. §1 A sponsor must 1° be appointed by the candidate or parents or minister and be suitable; 2° be not less than sixteen years of age unless…; 3° be a fully initiated catholic who understands duties; 4° not have a canonical penalty; 5° not be either the father or the mother of the person to be baptised. §2 A baptised noncatholic can be a Christian witness to the baptism.
Chapter V: Proof and Registration
English Latin Canon 875 Witness. Sponsor or other witness to be present.
Canon 876 Proof. One witness or baptized adult can witness.
Canon 877 Record. §1 The parish priest to record names of the baptised, the minister, the parents, the sponsors / witnesses, and the place and date of baptism and date and place of birth. §2 In the case of a child of an unmarried mother, no parents listed unless known and requested by parents. §3 In the case of an adopted child, the names of the adopting parents are to be registered and, at least if this is done in the local civil registration, the names of the natural parents in accordance with §§1 and 2 subject however to the rulings of the Episcopal Conference. USCCB Norms on adopted children Defect by Formal Act '02 Omnium in mentem '09 - removes effect of leaving by formal act for marriage cases.
Canon 878 Other Minister. Other minister to notify parish priest to record baptism.
Title II: Confirmation
Title II: Confirmation
(Canon 879 - 896) English Latin
Canon 879 Effects. Confirmation 1) strengthens the baptized, 2) obliges them more firmly to be witnesses of Christ by word and deed and to spread and defend the faith, 3) imprints a character, 4) enriches by the gift of the Holy Spirit, and 5) binds them more perfectly to the Church.
Chapter I: Celebration
Canon 880 Conferral. §1. Conferred by the anointing of chrism on the forehead with imposition of hand. §2. The chrism to be consecrated by a bishop.
Canon 881 In Mass. Preferably celebrated during Mass, for just elsewhere.
Chapter II: Minister
English Latin Canon 882 Bishop. The ordinary minister is a bishop; a presbyter can get the faculty.
Canon 883 De Juris Minister. De Juris ministers: 1º diocesan bishop in the diocese, 2º priest who baptises or admits adult to full communion; 3º in danger of death, any presbyter.
Canon 884 Personally. §1. The diocesan bishop is to administer confirmation personally or grant the faculty. §2. For a grave cause the bishop and even the presbyter can in single cases also associate presbyters with themselves to administer the sacrament.
Canon 885 Obligation. §1. The diocesan bishop is obliged to confirm those who properly and reasonably seek it. §2. A presbyter who possesses this faculty must use it.
Canon 886 Bishop's Right to Confirm. §1. Bishops legitimately confirms in their territory unless prohibited. §2. In another diocese they need permission (at least presumed) except for their people.
Canon 887 Priests Right. Priests legitimately confirms in their territory unless prohibited. Not valid outside territory except in danger of death.
Canon 888 Exempt places. Within the territory in which they are able to confer confirmation, ministers can administer it even in exempt places, e.g. religious house.
Chapter III: Recipients
Canon 889 Candidates. §1. Baptized / unconfirmed are capable of receiving confirmation. §2. For liceity, outside the danger of death, the person with the use of reason must be instructed, disposed, and able to renew the baptismal promises.
Canon 890 Proper Time. People are obliged to receive this sacrament at the proper time. Parents and pastors to ensure instruction.
Canon 891 Age. Confirmation at the age of discretion unless bishops say otherwise, danger of death, or minister sees grave reason.
Chapter IV: Sponsors
Canon 892 Duties. Insofar as possible, there is to be a sponsor who ensures the person acts as a witness of Christ and fulfills the obligations of this sacrament.
Canon 893 Qualification. §1. Like a baptismal sponsor. §2. Same sponsor as baptism preferred.
Chapter V: Proof and Registration
Canon 894 Witness. Witness as at baptism.
Canon 895 Record. Record confirmandi, minister, the parents and sponsors, and the place and date of the conferral of confirmation in diocese or parish with note given to the place of baptism who note it. See canon 535.2.
Canon 896 Inform the pastor. If the pastor of the place to be informed if not present.
Title III: Eucharist
Title III: Eucharist
(Canon 897 - 958) English Latin
Canon 897 Definition. The most August sacrament is the Most Holy Eucharist in which Christ the Lord himself is contained, offered, and received and by which the Church continually lives and grows. The eucharistic sacrifice, the memorial of the death and resurrection of the Lord, in which the sacrifice of the cross is perpetuated through the ages is the summit and source of all worship and Christian life, which signifies and effects the unity of the People of God and brings about the building up of the body of Christ. Indeed, the other sacraments and all the ecclesiastical works of the apostolate are closely connected with the Most Holy Eucharist and ordered to it.
Canon 898 Esteem. The Christian faithful are to hold the Most Holy Eucharist in highest honor, taking an active part in the celebration, receiving this sacrament devoutly and frequently, and worshiping it with the highest adoration. Pastors of souls are to teach this.
Chapter I: Celebration
Canon 899
The eucharistic celebration is the action of Christ himself and the Church. In it, Christ the Lord, through the ministry of the priest, offers himself, substantially present under the species of bread and wine, to God the Father and gives himself as spiritual food to the faithful united with his offering.
In the eucharistic gathering the people of God are called together with the bishop or, under his authority, a presbyter presiding and acting in the person of Christ. All the faithful who are present, whether clerics or laity, unite together by participating in their own way according to the diversity of orders and liturgical functions.
The eucharistic celebration is to be organized in such a way that all those participating receive from it the many fruits for which Christ the Lord instituted the eucharistic sacrifice.
Article 1: Minister English Latin
Canon 900
The minister who is able to confect the sacrament of the Eucharist in the person of Christ is a validly ordained priest alone.
A priest not impeded by canon law celebrates the Eucharist licitly; the provisions of the following canons are to be observed.
Canon 901 A priest is free to apply the Mass for anyone, living or dead.
Canon 902 Unless the welfare of the Christian faithful requires or suggests otherwise, priests can concelebrate the Eucharist. They are completely free to celebrate the Eucharist individually, however, but not while a concelebration is taking place in the same church or oratory.
Canon 903 A priest is to be permitted to celebrate even if the rector of the church does not know him, provided that either he presents a letter of introduction from his ordinary or superior, issued at least within the year, or it can be judged prudently that he is not impeded from celebrating.
Canon 904 Remembering always that in the mystery of the eucharistic sacrifice the work of redemption is exercised continually, priests are to celebrate frequently; indeed, daily celebration is recommended earnestly since, even if the faithful cannot be present, it is the act of Christ and the Church in which priests fulfill their principal function.
Canon 905 Once a Day. §1. A priest can't celebrate more than once a day unless he can. §2. Bishop can allow twice or thrice on Sundays and holy days of obligation.
Canon 906 Participants. Generally participants required.
Canon 907 Can't Pray. Deacons and laity can't offer prayers at Mass.
Canon 908 Christians. Can't concelebrate with other Christians.
Canon 909 Preparation. A priest is to prepare and offer thanks.
Canon 910 Communion Minister. §1. The ordinary minister of holy communion is a bishop, presbyter, or deacon. §2. The extraordinary minister is a lay person.
Canon 911 Viaticum. §1. The pastor, parochial vicars, chaplains, and, clerical superiors have the duty and right of bringing Viaticum to the sick. §2. Any other minister can, with at least presumed permission.
Article 2: Participants English Latin
Canon 912 Any Baptized. Any baptized person not prohibited by law can and must be admitted to holy communion.
Canon 913 Children. §1. Children have to have knowledge and preparation. §2. In danger of death they receive if they can distinguish the body of Christ from ordinary food and receive communion reverently.
Canon 914 It is primarily the duty of parents and those who take the place of parents, as well as the duty of pastors, to take care that children who have reached the use of reason are prepared properly and, after they have made sacramental confession, are refreshed with this divine food as soon as possible. It is for the pastor to exercise vigilance so that children who have not attained the use of reason or whom he judges are not sufficiently disposed do not approach holy communion. Canonical Opinion: Parents may judge the child isn't ready for confession, but is ready for communion.
Canon 915 Those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion. Regarding debate on politicans and eucharist beal14.politicans_eucharist.pdf
Canon 916 A person who is conscious of grave sin is not to celebrate Mass or receive the body of the Lord without previous sacramental confession unless there is a grave reason and there is no opportunity to confess; in this case the person is to remember the obligation to make an act of perfect contrition which includes the resolution of confessing as soon as possible.
Canon 917 A person who has already received the Most Holy Eucharist can receive it a second time on the same day only within the eucharistic celebration in which the person participates, without prejudice to the prescript of Canon 921, §2.
Canon 918 It is highly recommended that the faithful receive holy communion during the eucharistic celebration itself. It is to be administered outside the Mass, however, to those who request it for a just cause, with the liturgical rites being observed.
Canon 919
A person who is to receive the Most Holy Eucharist is to abstain for at least one hour before holy communion from any food and drink, except for only water and medicine.
A priest who celebrates the Most Holy Eucharist two or three times on the same day can take something before the second or third celebration even if there is less than one hour between them.
The elderly, the infirm, and those who care for them can receive the Most Holy Eucharist even if they have eaten something within the preceding hour.
Canon 920
After being initiated into the Most Holy Eucharist, each of the faithful is obliged to receive holy communion at least once a year.
This precept must be fulfilled during the Easter season unless it is fulfilled for a just cause at another time during the year.
Canon 921
The Christian faithful who are in danger of death from any cause are to be nourished by holy communion in the form of Viaticum.
Even if they have been nourished by holy communion on the same day, however, those in danger of death are strongly urged to receive communion again.
While the danger of death lasts, it is recommended that holy communion be administered often, but on separate days.
Canon 922 Holy Viaticum for the sick is not to be delayed too long; those who have the care of souls are to be zealous and vigilant that the sick are nourished by Viaticum while fully conscious.
Canon 923 The Christian faithful can participate in the eucharistic sacrifice and receive holy communion in any Catholic rite, without prejudice to the prescript of Canon 844.
Article 3: Rites and Ceremonies English Latin
Canon 924
The most holy eucharistic sacrifice must be offered with bread and with wine in which a little water must be mixed.
The bread must be only wheat and recently made so that there is no danger of spoiling.
The wine must be natural from the fruit of the vine and not spoiled.
Canon 925 Holy communion is to be given under the form of bread alone, or under both species according to the norm of the liturgical laws, or even under the form of wine alone in a case of necessity.
Canon 926 According to the ancient tradition of the Latin Church, the priest is to use unleavened bread in the eucharistic celebration whenever he offers it.
Canon 927 It is absolutely forbidden, even in extreme urgent necessity, to consecrate one matter without the other or even both outside the eucharistic celebration.
Canon 928 The eucharistic celebration is to be carried out in the Latin language or in another language provided that the liturgical texts have been legitimately approved.
Canon 929 In celebrating and administering the Eucharist, priests and deacons are to wear the sacred vestments prescribed by the rubrics.
Canon 930
If an infirm or elderly priest is unable to stand, he can celebrate the eucharistic sacrifice while seated, but not before the people except with the permission of the local ordinary; the liturgical laws are to be observed.
A blind or otherwise infirm priest licitly celebrates the eucharistic sacrifice by using any approved text of the Mass with the assistance, if needed, of another priest, deacon, or even a properly instructed lay person.
Article 4: Time and Place English Latin
Canon 931 The celebration and distribution of the Eucharist can be done at any day and hour except those which the liturgical norms exclude.
Canon 932
The eucharistic celebration is to be carried out in a sacred place unless in a particular case necessity requires otherwise; in such a case the celebration must be done in a decent place.
The eucharistic sacrifice must be carried out on a dedicated or blessed altar; outside a sacred place a suitable table can be used, always with a cloth and a corporal.
Canon 933 For a just cause and with the express permission of the local ordinary, a priest is permitted to celebrate the Eucharist in the place of worship of some Church or ecclesial community which does not have full communion with the Catholic Church so long as there is no scandal.
Chapter II: Reservation and Veneration
Canon 934
The Most Holy Eucharist:
must be reserved in the cathedral church or its equivalent, in every parish church, and in a church or oratory connected to the house of a religious institute or society of apostolic life;
can be reserved in the chapel of the bishop and, with the permission of the local ordinary, in other churches, oratories, and chapels.
In sacred places where the Most Holy Eucharist is reserved, there must always be someone responsible for it and, insofar as possible, a priest is to celebrate Mass there at least twice a month.
Canon 935 No one is permitted to keep the Eucharist on one’s person or to carry it around, unless pastoral necessity urges it and the prescripts of the diocesan bishop are observed.
Canon 936 In the house of a religious institute or some other pious house, the Most Holy Eucharist is to be reserved only in the church or principal oratory attached to the house. For a just cause, however, the ordinary can also permit it to be reserved in another oratory of the same house.
Canon 937 Unless there is a grave reason to the contrary, the church in which the Most Holy Eucharist is reserved is to be open to the faithful for at least some hours every day so that they can pray before the Most Blessed Sacrament.
Canon 938
The Most Holy Eucharist is to be reserved habitually in only one tabernacle of a church or oratory.
The tabernacle in which the Most Holy Eucharist is reserved is to be situated in some part of the church or oratory which is distinguished, conspicuous, beautifully decorated, and suitable for prayer.
The tabernacle in which the Most Holy Eucharist is reserved habitually is to be immovable, made of solid and opaque material, and locked in such a way that the danger of profanation is avoided as much as possible.
For a grave cause, it is permitted to reserve the Most Holy Eucharist in some other fitting and more secure place, especially at night.
The person responsible for the church or oratory is to take care that the key of the tabernacle in which the Most Holy Eucharist is reserved is safeguarded most diligently.
Canon 939 Consecrated hosts in a quantity sufficient for the needs of the faithful are to be kept in a pyx or small vessel; they are to be renewed frequently and the older hosts consumed properly.
Canon 940 A special lamp which indicates and honors the presence of Christ is to shine continuously before a tabernacle in which the Most Holy Eucharist is reserved.
Canon 941
In churches or oratories where it is permitted to reserve the Most Holy Eucharist, there can be expositions with the pyx or the monstrance; the norms prescribed in the liturgical books are to be observed.
Exposition of the Most Blessed Sacrament is not to be held in the same area of the church or oratory during the celebration of Mass.
Canon 942 It is recommended that in these churches and oratories an annual solemn exposition of the Most Blessed Sacrament be held for an appropriate period of time, even if not continuous, so that the local community more profoundly meditates on and adores the eucharistic mystery. Such an exposition is to be held, however, only if a suitable gathering of the faithful is foreseen and the established norms are observed.
Canon 943 The minister of exposition of the Most Blessed Sacrament and of eucharistic benediction is a priest or deacon; in special circumstances, the minister of exposition and reposition alone without benediction is the acolyte, extraordinary minister of holy communion, or someone else designated by the local ordinary; the prescripts of the diocesan bishop are to be observed.
Canon 944
When it can be done in the judgment of the diocesan bishop, a procession through the public streets is to be held as a public witness of veneration toward the Most Holy Eucharist, especially on the solemnity of the Body and Blood of Christ.
It is for the diocesan bishop to establish regulations which provide for the participation in and the dignity of processions.
Chapter III: Offering
Canon 945
In accord with the approved practice of the Church, any priest celebrating or concelebrating is permitted to receive an offering to apply the Mass for a specific intention.
It is recommended earnestly to priests that they celebrate Mass for the intention of the Christian faithful, especially the needy, even if they have not received an offering.
Canon 946 The Christian faithful who give an offering to apply the Mass for their intention contribute to the good of the Church and by that offering share its concern to support its ministers and works.
Canon 947 Any appearance of trafficking or trading is to be excluded entirely from the offering for Masses.
Canon 948 Separate Masses are to be applied for the intentions of those for whom a single offering, although small, has been given and accepted.
Canon 949 A person obliged to celebrate and apply Mass for the intention of those who gave an offering is bound by the obligation even if the offerings received have been lost through no fault of his own.
Canon 950 If a sum of money is offered for the application of Masses without an indication of the number of Masses to be celebrated, the number is to be computed on the basis of the offering established in the place where the donor resides, unless the intention of the donor must be presumed legitimately to have been different.
Canon 951
A priest who celebrates several Masses on the same day can apply each to the intention for which the offering was given, but subject to the rule that, except on Christmas, he is to keep the offering for only one Mass and transfer the others to the purposes prescribed by the ordinary, while allowing for some recompense by reason of an extrinsic title.
A priest who concelebrates a second Mass on the same day cannot accept an offering for it under any title.
Canon 952
It is for the provincial council or a meeting of the bishops of the province to define by decree for the entire province the offering to be given for the celebration and application of Mass, and a priest is not permitted to seek a larger sum. Nevertheless, he is permitted to accept for the application of a Mass a voluntary offering which is larger or even smaller than the one defined.
Where there is no such decree, the custom in force in the diocese is to be observed.
Members of all religious institutes must also observe the same decree or local custom mentioned in §§1 and 2.
Canon 953 No one is permitted to accept more offerings for Masses to be applied by himself than he can satisfy within a year.
Canon 954 If in certain churches or oratories more Masses are asked to be celebrated than can be celebrated there, it is permitted for them to be celebrated elsewhere unless the donors have expressly indicated a contrary intention.
Canon 955
A person who intends to entrust to others the celebration of Masses to be applied is to entrust their celebration as soon as possible to priests acceptable to him, provided that he is certain that they are above suspicion. He must transfer the entire offering received unless it is certain that the excess over the sum fixed in the diocese was given for him personally. He is also obliged to see to the celebration of the Masses until he learns that the obligation has been accepted and the offering received.
The time within which Masses must be celebrated begins on the day the priest who is to celebrate them received them unless it is otherwise evident.
Those who entrust to others Masses to be celebrated are to record in a book without delay both the Masses which they received and those which they transferred to others, as well as their offerings.
Every priest must note accurately the Masses which he accepted to celebrate and those which he has satisfied.
Canon 956 Each and every administrator of pious causes or those obliged in any way to see to the celebration of Masses, whether clerics or laity, are to hand over to their ordinaries according to the method defined by the latter the Mass obligations which have not been satisfied within a year.
Canon 957 The duty and right of exercising vigilance that Mass obligations are fulfilled belong to the local ordinary in churches of secular clergy and to the superiors in churches of religious institutes or societies of apostolic life.
Canon 958
The pastor and the rector of a church or other pious place which regularly receives offerings for Masses are to have a special book in which they note accurately the number of Masses to be celebrated, the intention, the offering given, and their celebration.
§2. The ordinary is obliged to examine these books each year either personally or through others.
Title IV: Penance
Title IV: Penance
(Canon 959 - 997) English Latin
Canon 959 In the sacrament of penance the faithful who confess their sins to a legitimate minister, are sorry for them, and intend to reform themselves obtain from God through the absolution imparted by the same minister forgiveness for the sins they have committed after baptism and, at the same, time are reconciled with the Church which they have wounded by sinning. Misericordia Dei 2002 Confessions even during Mass.
Chapter I: Celebration
Ordinarily individual, unless danger of death or grave necessity. In a church or oratory, or elsewhere for a just cause.
Chapter II: Minister
Canon 965 A priest alone is the minister of the sacrament of penance. Faculty required, granted by bishop, in writing, 978, priest is physician and judge. 983, Sacramental seal is inviolable.
Chapter III: Recipients
987 To receive the salvific remedy of the sacrament of penance, a member of the Christian faithful must be disposed in such a way that, rejecting sins committed and having a purpose of amendment, the person is turned back to God. 988 Obligation to confess mortal sins, recommended to confess venial sins. 989 At least once a year. 990 Through an interpreter.
Chapter IV: Indulgences
992 An indulgence is the remission before God of temporal punishment for sins whose guilt is already forgiven. 993 partial or plenary. 994 for self or others.
Title V: Anointing of the Sick
Title V: Anointing of the Sick
Canon 998 The anointing of the sick, by which the Church commends the faithful who are dangerously ill to the suffering and glorified Lord in order that he relieve and save them, is conferred by anointing them with oil and pronouncing the words prescribed in the liturgical books.
Chapter I: Celebration
999 Bishop to bless the oil, or priest during sacrament. 1000 §1. The anointings with the words, order, and manner prescribed in the liturgical books are to be performed carefully. 1002 The communal celebration according to the prescripts of the diocesan bishop.
Chapter II: Minister
1003 §1. Only a priest has right and duty.
Chapter III: Recipients
1004 §1. One having reached the use of reason, begins to be in danger due to sickness or old age. §2. Can be repeated. 1005 Administer in case of doubt: use of reason, illness, death.
Title VI: Orders (Canon 1008 - 1054)
Title VI: Orders (Canon 1008 - 1054)
Canon 1008-1009
Sacred ministers through an indelible character which marks them. They are consecrated and designated. 1009 The orders are the episcopate, the presbyterate, and the diaconate, conferred by the imposition of hands and the consecratory prayer which the liturgical books prescribe for the individual grades. Both canons changed in 2010 by Omnium in mentem
Chapter I: Celebration and Minister
Canon 1010 Celebrated within the solemnities of the Mass on a Sunday or holy day of obligation. 1011 §1. Generally is to be celebrated in the cathedral church, with §2. Clerics and other members of the Christian faithful present.
Canon 1012 Minister: a consecrated bishop. 1013 Need pontifical mandate to consecrate a bishop. 1014 Generally three bishops consecrate a bishop. 1015 §1. Need dimissorial letters from bishop, or religious superior. 1016 Generally proper diocesan bishop for diocesan clergy.
Chapter II: Recipients
Canon 1024 A baptized male alone receives sacred ordination validly. 1025 for liceity, preparation, necessary qualities and no impedimentm useful for the ministry of the Church.
Article 1: Requirements
Canon 1026 Freedom 1029 have integral faith, are moved by the right intention, have the requisite knowledge, possess a good reputation, and are endowed with integral morals and proven virtues and the other physical and psychic qualities in keeping with the order to be received. 1031 25 years old. Maried deacon 35 and consent of wife.
Article 2: Prerequisites
Confirmation. Promise to devote perpetually to ecclesiastical ministry. Unmarried (except diaconate). 5 day retreat.
Article 3: Irregularities and Impediments
Amentia or psychic illness. Apostate, heretic or schismatic. Attempted marriage while impeded. Voluntary homicide or abortion, or accomplice. Mutilation or attempted suicide. Placed an act of higher order. Neophyte. 1043 Faithful are to reveal impediments. 1047 Dispensation reserved to the Apostolic See.
Can. 1041 The following persons are irregular for the reception of orders:
1° one who suffers from any form of insanity, or from any other psychological infirmity, because of which he is, after experts have been consulted, judged incapable of being able to fulfil the ministry;
2° one who has committed the offence of apostasy, heresy or schism;
3° one who has attempted marriage, even a civil marriage, either while himself prevented from entering marriage whether by an existing marriage bond or by a sacred order or by a public and perpetual vow of chastity, or with a woman who is validly married or is obliged by the same vow;
4° one who has committed wilful homicide, or one who has actually procured an abortion, and all who have positively cooperated;
5° one who has gravely and maliciously mutilated himself or another, or who has attempted suicide;
6° one who has carried out an act of order which is reserved to those in the order of the episcopate or priesthood, while himself either not possessing that order or being barred from its exercise by some canonical penalty, declared or imposed.
Can. 1042 The following are simply impeded from receiving orders:
a man who has a wife, unless he is lawfully destined for the permanent diaconate;
one who exercises an office or administration forbidden to clerics, in accordance with cann. 285 and 286, of which he must render an account; the impediment binds until such time as, having relinquished the office and administration and rendered the account, he has been freed;
a neophyte, unless, in the judgement of the Ordinary, he has been sufficiently tested.
Can. 1043 Christ's faithful are bound to reveal, before ordination, to the Ordinary or to the parish priest, such impediments to sacred orders as they may know about.
Can. 1044
The following are irregular for the exercise of orders already received:
one who, while bound by an irregularity for the reception of orders, unlawfully received orders;
one who committed the offence mentioned in can. 1041, n. 2, if the offence is public
one who committed any of the offences mentioned in can. 1041, nn. 3, 4,5,6.
The following are impeded from the exercise of orders:
one who, while bound by an impediment to the reception of orders, unlawfully received orders;
one who suffers from insanity or from some other psychological infirmity mentioned in can. 1041, n. 1, until such time as the Ordinary, having consulted an expert, has allowed the exercise of the order in question.
Can. 1045 Ignorance of irregularities and impediments does not exempt from them.
Can. 1046 Irregularities and impediments are multiplied if they arise from different causes, not however from the repetition of the same cause, unless it is a question of the irregularity arising from the commission of wilful homicide or from having actually procured an abortion.
Can. 1047
If the fact on which they are based has been brought to the judicial forum, dispensation from all irregularities is reserved to the Apostolic See alone.
Dispensation from the following irregularities and impediments to the reception of orders is also reserved to the Apostolic See:
irregularities arising from the offences mentioned in can. 1041, nn. 2 and 3, if they are public;
an irregularity arising from the offence, whether public or occult, mentioned in can. 1041, n. 4;
the impediment mentioned in can. 1042, n. 1.
To the Apostolic See is also reserved the dispensation from the irregularities for the exercise of an order received mentioned in can. 1041, n.3 but only in public cases, and in n. 4 of the same canon even in occult cases.
The Ordinary can dispense from irregularities and impediments not reserved to the Holy See.
Can. 1048 In the more urgent occult cases, if the Ordinary or, in the case of the irregularities mentioned in can. 1041, nn. 3 and 4, the Penitentiary cannot be approached, and if there is imminent danger of serious harm or loss of reputation, the person who is irregular for the exercise of an order may exercise it. There remains, however, the obligation of his having recourse as soon as possible to the Ordinary or the Penitentiary, without revealing his name, and through a confessor.
Can. 1049
In a petition to obtain a dispensation from irregularities or impediments, all irregularities and impediments are to be mentioned. However, a general dispensation is valid also for those omitted in good faith, with the exception of the irregularities mentioned in can. 1041, n. 4, or of others which have been brought to the judicial forum; it is not, however, valid for those concealed in bad faith.
If it is question of an irregularity arising from wilful homicide or from a procured abortion, for the validity of the dispensation even the number of offences must be stated.
A general dispensation from irregularities and impediments to the reception of orders is valid for all orders.
Article 4: Documents and Investigation English Latin
Detailed list of required documentation of suitability and requirements.
Chapter III: Registration and Evidence
A record of ordination to be kept, notice is sent to place of baptism.
Title VII: Marriage
Title VII: Marriage
(Canon 1055 - 1165) English Latin
I. Introduction
Position of Marriage in Society
Competition between State and Church regarding formal control over marriage was played out in the 19th century as the two institutions struggled for control over society. Belgian constitution Article 21.2 requires civil marriage before religious and is probably indefensible under modern human rights law. When written, the content of the two was nearly identical. Lifelong partnership, requiring free consent, husband dominant, procreation was and element.
Creeping evolution in content of marriage: divorce, equality of men and women, procreation not essential, artificial and assisted procreation, prenuptial agreements specifying content of marriage. Meanwhile canonical marriage was evolving to a lifelong covenant and community of life. So there exists now a real difference in the civil and religious marriage, is the church limiting human rights by disallowing remarriage by one who is civilly free to marry?
Civil law struggles to provide a legal position for various life partnerships: same sex, live-ins, etc. 1. Now church (formerly at odds with state control of marriage) supports state restriction of marriage to heterosexuals - as if state had the right. 2. Though church sees secular marriage as a non-entity, it opposes homosexual marriages and cohabitation. The church yields competence to the state, then wants to invest it with church significance.
Conclusion: Three eras in catholic marriage and religious freedom: 1. 19th century - church and state competition. 2. Last half of the 20th century saw a widening gap between the content of state and catholic marriage. 3. Church now seeks to use its influence to exclude same sex unions from the perview of marriage.
Theological Historical Approach to matrimonial law (2 classes). Canon law is the institutional aspect of ecclesiology - communion is the theological dimension.
A. Theological Approach_
Heart of the theology of marriage. The fathers of the church didn't begin with expounding a theology of marriage. Some canons on matrimonial law can't be understood if we don't have the basic theology. Indissolubility is related to the bond between Christ and the church.
Marriage has no religion - it is natural. Here we speak of christian marriage, after centuries of talking about the marriage of christians; this is a fundamental distinction. Two baptized persons marry and they have a christian marriage - to a large extent a catholic marriage. There is a ceremony in any culture because marriage is an earthly reality that has an inherent relationship with the sacred. Love is serendipitous yet transforming - and fundamentally natural; love intuits its origin in a way that makes itnaturally sacramental. Marriage isn't revealed - it is natural that itself reveals another love.
God sent prophets and it didn't work - but it is as if God saw that the love of spouses is a language for God to speak to human beings. Jeremiah speak of the divorce of the people from God; this was a favorite parable of God's love. So natural marriage has what is necessary for a sacramental marriage - i.e. in the old testament.
St. Paul also saw marriage as a language for God's revelation of Christ's relation to the church - which becomes the prototype for human marriage. This is the beginning of marriage as a sacrament - but it is not yet a theology of marriage. This is true, but not complete: it is easy to qualify the love as indissoluble - Jesus will never abandon his spouse - but is the church always faithful. This should be deepened, because if Jesus never failed, the church has historically failed; (Pope's apologies) and does this shed light on failed marriages today.
This is a dogmatic approach, but sacraments are for human beings; so this sacrament is to be lived by two human beings who live not dogma, but at an existential level. When we speak of the theology of a sacrament, it is in ideal situations. How do you apply theology of baptism to a baby? The theology deals with the reasonably mature couple. At the wedding, the plan is revealed, at the end, there will be differences. The couple accepts the responsibility: respondere the responsibility to resond to each other - the heart of marriage: two normally mature christian adults accept to be for each other a path by which the love of God will pass to the other party. Love is a language of God for each other. This is the individualization of the love of God for the individual. This has consequences: 1) fidelity and indissolubility - as is God's love; 2) forgiveness is critical as God is forgiving, spouses unable to forgive deny each other the experiencial knowledge of God's forgiveness - this is a responsibility of the spouses; and 3) communitarian aspect, code says marriage takes place in the parish of one of the spouses, but a community makes a marriage - the whole parish has a right to attend. This is also for the children. How do celibates experience this? God loves each individual - spousal love expresses this. God's love is also universal - celibate love expresses this. But it has no sign, like marriage.
Wedding homily - puts a burden on the spouses and makes the couple aware of their responsibilities. Prayer is a dialog between God and the Believer - like complete open spousal conversation. The first duty of the couple is to be for each other the best expression of God's love.
B. Historical Approach Fathers didn't do theology of marriage. At the start people were married before baptism. But they told them to live their natural love like Christian people. And the baptized married like any other people. It took centuries for this to develop. Canonical form was mandatory at the Council of Trent, before that christians married 'civilly' and nuptial blessing was just a pastoral rite; the couple would invite the pastor to the wedding reception and ask for blessing. Then there as consent outside the church, then going into the church for Mass. Pastoral and liturgical and even juridical inventions before a theology of marriage developed. Thus the theology is influenced by the other approaches, rather than the other way around. Impediments to marriage were developed before theology - what impedes marriage before what makes marriage.
Young people marry without understanding the responsibilities - the divorce and remain married. In the orthodox church (non-catholic) they have the same theology and teach indissolubility, but for them, when there is no more love, there is no more sacrament. This is the way to solve the problem. Recapitulate - after teaching that marriage is the sacramental image of God's love, what is the difference when a latin couple remain responsible after love fades; an eastern couple don't have to maintain a bond where there is no love. In the latin church it is the sacrament of the bond, in the east, it is the sacrament of love. They grant a certificate of divorce and the parties remarry, and it's not clear whether the second marriage is a sacrament (Lauilier) - the ritual is like a penitential rite.
Theological solution is needed - juridical solution doesn't address the real problem. Both sides of the church east and west were one for more centuries than not - why don't we look at that side to find the solution. If the couple splits - why not forgive - we forgive murderers. oikounomia - charity, understanding, forgiveness. We have a beautiful spirituality of penance, but not a theology of forgiveness. Juridical approach came before theological, so there is some catching up to do.
It is difficult to assert without possibility of mistake that the intervention was first pastoral, then moral, liturgical, juridical, then finally theological, because the various ecclesial centers were dealing with different pastoral issues and problems. Clandestine marriages were a problem for centuries, because the church accepted consent as the effecient cause of marriage - no witnesses - so evidentiary problem existed. There was a strong advice to marry in front of the church, but not a condition for validity. Marry between themselves, in the Lord - between believers.
Even Thomas of Aquinas never finished his treatise of marriage - by the 12th century, the theology of marriage was not yet clear. Augustine had something, but not like today. First treatice on marriage was by Hugo of St. Victor 13th century. Peter Damian in 13th century spoke of funerals as the 8th of the 12 sacraments.
Conclusion: is there something to say or to question about the fact that finally the church made of the marriage of Christians the christian marriage - is this a good thing? So many problems come from it. Two married people can't marry without sacrament. To what extent does this change take from Christians the exercise of a natural right?
Marriage Law and Canon Law Evolutions in Canon Law -
1st 10 Centuries After the decline of the roman empire, there was a vacuum of power, so the church stepped in to protect what was important. Leo the Great 5th C protected consensualism in marriage, the only condition. Hinkmat of Rheims in 9th C added sexual consummation was a condition of marriage. He also saw real purpose of marriage was reproduction. Also, there came to be attention to indissolubility. Benedictio - later a consecration came to be seen as important. And a marriage without benedictio the children can't inherit, even civilly.
10th Century on. Marriage is under the church, and theologians develop a theology of marriage. 12th Century canonical collection try to reconcile ideas about marriage. 1) consent 2) indissolubility 3) Monogamy 4) love not always recognized. 5) Procreation. Copula theory: Alexander III and Innocent III Consent is part of marriage - copula goes to indissolubility. Not consumated can be dissolved if a member enters the monastery. Consumated marriage can be dissolved by pauline privilege - one gets baptized and the other won't live with them. Then the baptized can re-marry. Aquinas: procreation and education, mutual support is against polygamy - this is the first time of this. Love is entered in the discussions, but since it can't be subject of norm, it was left out of juridic discussions. Thomas also introduced the notion of marriage as a control of sexual desires. Erasmus considers divorce as a practical solution in some cases. Luther grants innocent party the right to remarry though he generally recognized the indissolubility of marry. XXX sees it as consensual.
Counterreformation - church defends her ideas at Trent, confirming traditional principles: 1) sacrament, 2) monogamy 3) superiority of virginity 4) form of marriage - valid only if mutual consent is exchanged in the presence of a priest and two witnesses. Church sees itself as competent in all marriage affairs. Marriage doesn't change from Trent on up to the current code. In 1917 we have contract / consent as the element of marriage which Jesus elevated to a sacrament. Canon1013.1 Primary end of marriage is the procreation and education of children, the second end is mutual help and a remedy for sexual drive. The hierarchy of ends was emphasized. Giving and receiving of consent to the right of the body is perpetual and exclusive for the procreation of children.
Gaudium et Spes 48 - “Thus a man and a woman, who by their compact of conjugal love are no longer two but one flesh, render mutual help and service to each other through an intimate union of their persons and of their actions. Through this union they experience the meaning of their oneness and attain to it with growing prefection day by day. As a mutual gift of persons, this intimate union and the good of the children impose total fidelity on the spouses and argue for an unbreakable oneness between them…. Intimate partnership of married life and love has been established by the Creator and qualified by his laws, and is rooted in the jugal covenant of irrevocable personal consent.” There is a shift that takes into account temporary personalist notions of covenant and relationship, procreation is important but not only purpose. It distanced itself from the traditional ends of marriage. GS 50 takes into account also procreation: Marriage to be sure is not instituted solely for procreation; rather its very nature as an unbreakable compact between personas, and the welfare of the children both demand that the mutual love of the spouses be embodied in a rightly ordered manner, that it grow and ripen. Therefore, marriage persists as a whole manner and communion of life, and maintains its value and indissolubility, even when despite the often intense desire of the couple, offspring are lacking. However, these lofty notions are difficult into juridic language, but the council should be a point of reference for law; this is difficult because this reference point isn't law.
CIC 1983, Under the influence of Vatican two and the code, we find a definition of marriage: Canon 1055, one of the most important canon. 1055.1 The marriage covenant, by which a man and a woman establish between themselves a partnership of their whole life, which of its own very nature is ordered to the well being of the spouses and to the procreation and upbringing of children, has, between the baptized, been raised by Christ the Lord to the dignity of a sacrament. 1055.2 Consequently, a valid marriage contract cannot exist between baptized persons without its being by that very fact a sacrament. Title VII of book 4 and Marriage Procedures in the Book 7 on procedures.
Foundational Canons and Essential Elements
Nature of marriage Canon 1055 §1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized. §2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament.
Institute or Contract - contracting parties are autonomous dynamic interlocutors. An institute has no room for negotiation; the parties join an existing system; the contents of the institute are fixed in advance and fall outside the will of the parties. Freedom is to lies in saying yes or no, an institute is static. Canon law marriage is more a matter of an institute, though the living out of it involves a contract.
Covenant or Contract - Both notions are included in canon 1055, Covenant resulting in a partnership of the whole of life in the first paragraph and Contract in the second. Hendricks - they two terms are synthetics; Daneels - contract is used for lack of better term; Torfs - covenant is given a place in the canon, but it is doesn't succeed in synthesizing the concepts.
Link between contract and sacrament. Important, difficult and daily problem faced by pastors. So be effective, the minister (here the couple) must want what the church wants.
Canon 1055 §2 Consequently, a valid marriage contract cannot exist between baptized persons without its being by that very fact a sacrament.
The cause of marriage is consent. Marriage was identified as a sacrament by the middle of the 12th century; the natural reality was already expressing the love of God, then it was recognized as such. Two positions on what makes the sacrament: 1) no clandestine marriage, but this isn't for validity. Some said priest does the sacrament, the couples do the contract - but then you could separate them. 2) other opinion said you can't separate contract/consent from sacrament, so they administer the sacrament to themselves, this was decided in 1880, Leo XIII, and came into the 1917 code.
Consequences: How can the marriage between two baptized persons who are nonbelievers, or who don't believe in marriage be considered a sacrament? They didn't intend what the church intends, so they aren't validly marriage. In the rite of marriage - the sacrament of matrimony presupposes and demands faith. Theologians say lack of faith compromises the validity of the sacrament. Also Familiaris Consortio. Then 95% of marriages are invalid. The problem is that the burden is insupportable on the shoulders of young people. But this isn't a ground of invalidity. Simulation is excluding a part of marriage - but sometimes they don't positively exclude it, but simply passively don't accept it. There is a presumption of law that if there is consent with witnesses and competent assistant - the marriage is presumed valid. This presumption is put in question in a marriage tribunal. The solution is to separate sacrament and contract; start with a civil marriage an grow into perpetual marriage - like a novitiate. Many more pastors would have to work with these couples to finally to bring them to the point of responsible Christian marriage. If we continue as we are, there is no solution. The marriage preparation should begin with good catechesis. Canon 1063 pastoral for marriage is catechesis, marriage preparation, celebration and pastoral support. The current situation is only one century old and the problems weren't foreseen. A theological problem and a condition on the right to marry.
Totius vitae consortium (canon 1055) - New notion in the 1983 code - it looks beautiful but what does it mean. “The marriage covenant, by which a man and a woman establish between themselves a partnership of their whole life, and which of its own very nature is ordered to the well-being of the spouses and to the procreation and upbringing of children, has, between the baptized, been raised by Christ the Lord to the dignity of a sacrament.” This is an open notion, a broad interpretation is possible and creates new possibilities and problems of interpretation:
Zenon Grocholewski - tria bona + amor benevolentiae. That is worked out by Augustine; children (bonum proelis), exclusive fidelity (bonum fidei), indissolubility (bonum sacramenti). He tries to find a place for love as a substantial component of marriage but only as love directed to the object not on the person but on the marriage.
Ombretta Fumagalli Carulli - conjugal love - reciprocal integration - interpersonal relation, affection & complementarity. Doesn't want life community as completely absorbed by the tria bona. Somewhat abstract as well.
Cyril Murtagh - a qualitative surplus on the tria bona - he relies on the canonical judge to supply the extra. Progressive way of thinking, strict Canon Lawyers will never give so much freedom to canonists or judges.
Rik Torfs - cohabitation - faithfulness - aid & assistance: from the Belgian constitution.
The Ends of Marriage – fines (canon 1055)
1917 Code 1013.1 finis primarius est procreatio aeque educatio prolis; secundarius mutuum adiutorium et remedium concupiscentiae.
1983 Code 1055.1 The matrial covenant which is ordered by its nature to the good of the spouses and the procreation and education of offspring. No first and secondary ends. The two ends are on equal terms, with bonum conjugum coming first. But what does this mean in the legal context. Is it an end or a property of marriage.
Cormac Burke book He sees Bonum Conjugum as an end, not a property of marriage. The higher content you give to open notions, the more people can find ground for annulments. However, it also means less people are capable of concluding a valid marriage. Canon 1058 gives all persons the right to marry.
Torfs sees it as a property and thus a part of the marriage consent. It must be a source of new rights / an addition to the tria bona. If it isn't extra, then it wouldn't have been added. The tria bona can be maintained without love, but not the bonum conjugum without love. This allows more annulments possible. Torfs says there should be a place for the BC within the category of properties of marriage, not just in the ends, as with Burke. That can be by developing the BC as a separate bonum aside the tria bona, or by the BC penetrating into the content of the other bona. In either case, it becomes legally relevant and leads to more grounds of annulments.
The Essential Properties of Marriage – unitas and indissolubilitas. (canon 1056) Essential properties of marriage are unity and indissolubly which in Christian marriage obtain a special firmness by reason of the sacrament.
Unitas - Unity is often compared with fidelity, however fidelity means more than only exclusivity. Here it means one man and one woman - a clearer legal notion.
Indissolubilitas - Canon 1141. - A marriage that is ratum et consummatum can be dissolved by no human power and by no cause, except death. The high ethical charge of Jesus is seen to mean no divorce in the church. Each valid marriage is indissoluble. Divorce is easier to get civilly and socially more acceptable. Church position is posited on divine law, found in words of Jesus in Mark 10:6-12 - what God has joined together, no man must separate. Custom against can't abrogate (Canon 24.1). For this reason it is unthinkable for the legislator to change this in canon law. Examples of divine law claims in the code: impossibility of women's ordination, indissolubility of marriage. Obligatory celibacy is not divine law but ecclesiastical law. Indissolubility is the connecting thread of marriage law of the church. Theological arguments: 1) Marriage must be a permanent and stable institution, so it must be protected (GS 48, 49; FC 20). 2) found in New testament: Mk 10, Mt 19, Mt 5, Lk 16, 1 Cor 7. Only one text that leaves some room for discussion: Mt 19:9 I say to you whoever divorces his wife - unless the marriage is unfaithful - and marries another commits adultery. In Greek me epi pornea - not because of sexual abuse. Does it mean divorce is permitted in case of adultery? or is it only permission to separate? Code says separatio manente vinculo in canons 1151-1155 for the right to separate without remarriage because the bond remains. You can send away an adulterous spouse, but can't remarry - so indissolubility remains. On failure of marriage, even in modern society, the church knows no mercy; whoever has made every effort to save the relationships and nevertheless is left for another, has no possibility to remarry.
Position of Remarried divorced People. Given indissolubility, remarried divorced people, who exist in great number, are a problem in the church. Flanders 2/3 marriages end in divorce; only a few go for a annulment. Loving becomes suffering, nightmare. For faithful Catholics, this has several consequences: 1) no right to start a new relationship; 2) remarried is considered polygamous - receipt of communion may be forbidden.
14 Sept 1994, CDF: In fidelity to the words of Jesus Christ, the church affirms that a new union cannot be recognized as valid if the preceding marriage was valid. If the divorced are remarried civilly, they find themselves in a situation that objectively contravenes God's law. Consequently, they cannot receive holy communion as long as this situation persists. Belgian bishops underlined the important role of personal conscience, they also wrote that it isn't up to the minister of communion to refuse one who presents himself.
Those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion. Canon 915. This was given as a declaratio, not a valid interpretation. None of these texts is binding however.
Establishment of marriage and matrimonial consent. In the western legal tradition starting with Roman Law, consent is the lynchpin of marriage law. It is the cornerstone of the whole system that cannot be replaced by anything else 1057.1. A marriage is brought into being by the lawfully manifested consent of persons who are legally capable. This consent cannot be supplied by any human power. Two legal traditions:
Roman law in the school of Paris - consent is the beginning of marriage.
German law in the school of Bologna - consummation is the beginning of marriage.
In the middle ages there was a debate between the two school. In the end Pope Alexander 3 (Bandinelli) in the 12th Century found a compromise: consent is constitutive, but if the marriage is not consumed, the marriage can be annulled by the pope, Canon 1061.1: “A valid marriage between baptized persons is said to be merely ratified, if it is not consummated; ratified and consummated, if the spouses have in a human manner engaged together in a conjugal act in itself apt for the generation of offspring. To this act marriage is by its nature ordered and by it the spouses become one flesh.” Ratum et consummatum is consent and consummatum. This is quite rare: Catholic divorce. 2 cases in 17 years in Mechelen-Brussels. Rooted in canonical tradition - cited as a matter of divine law - no human power can supply for the lack of consent. Only Rome can grant the 'divorce' though local tribunal prepares the case. Consent is so important that if a marriage is invalid because of lack of form, it can be convalidated without renewal of consent. Annulment goes back to the moment of consent (unlike divorce which goes to the breakdown of the marriage). Consent must be in full freedom, conscience and presence of mind. Canon 1057.2 Matrimonial consent is an act of will by which a man and a woman by an irrevocable covenant mutually give and accept one another for the purpose of establishing a marriage. Both free will and intellectual understanding of the content of marriage. See also Canon 1101.1 “The internal consent of the mind is presumed to conform to the words or the signs used in the celebration of a marriage.” This may not be a realistic expectation in modern western society. Even if they don't have this in mind during the celebration, the church presumes that they do, and this makes their marriage indissoluble.
Canon 1056 Essentials. Unity and indissolubility are essential elements. Exclusion of essentials invalidates marriage.
Canon 1057 Consent. Consent is the cause of marriage. Man and woman give and receive consent.
Canon 1058 The Right to Marry. All can contract marriage who are not prohibited by law. Prohibited by ordination, vows, prior bond, under age, unfree, lacking mental capacity. If the right to marriage is absolute, there is a problem with annuling the marriage and allowing the person to marry again. Judge can express a prohibition (vetitum) or warning (monitum). With a prohibition the judge notes the continuing existence of the problem causing the nullity, highlighting the reason for nullity and asks that the parties receive counseling, even the new prospective spouse may be recommended to receive counseling. But even if not heeded, the new marriage would still be valid. Most annulments recommend counseling in the US and Australia - not so in Western Europe.
Canon 1059 Authority. The Church claims authority over marriage where at least one party is catholic. If both are baptized (Catholic or not), it is sacramental (rata). Inter-ritual couples have to be free of all impediments of both ritual churches. Church recognizes validity of civil marriage of the unbaptized, i.e. also invalidity - but as to divorce, it's against divine law.
Canon 1060 The favor of the Law. Marriage enjoys the favor of law. Consequently, in doubt the validity of a marriage must be upheld until the contrary is proven. Burden of proof is on the person contesting the marriage. Even if you have serious doubts or are sure the marriage is invalid, you still have to prove it, and providing the evidence is not easy - remember that we are going back to the moment of consent, sometimes very many years later. T: While the legal presumption is for the validity of the marriage, the practical presumption of many is invalidity.
Canon 1061 Ratum et Consummatum. 1. A marriage is ratified by consent, consummated by conjugal relations after consent. 2. If the spouses have lived together after marriage, consummation is presumed. 3. Invalid marriage is putative, unless and until nullity is certain for both parties.
Canon 1062 Engagement. Engagement governed by Bishops Conference norms. 2. Promise of marriage can't be enforced, but action for damages may arise.
Chapter I: Marriage Preparation
(canon 1063-1072) English Latin
Canon 1063 Pastoral Assistance. Pastors are to assist married couples by: 1. preaching and teaching on the meaning of christian marriage and the role of christian spouses. 2. Marriage preparation for prospective spouses. 3. Celebration of marriage liturgy. 4. pastoral care of spouses. Because of right to marry, preparation can't be imposed. Also, omission of preparation can't be an impediment.
Canon 1064 Preparation Organized. The local ordinary is to organize marriage preparation; if opportune, he can consult with men and women.
Canon 1065 Other Sacraments. 1. Spouses should be confirmed before marriage. 2. They are also urged to receive penance and eucharist.
Canon 1066 Freedom for Marriage. Before the marriage, it must be established that the parties are free to marry. These canons are simplified from the 1917 Code.
Canon 1067 Bishops's Conference. The bishops conference is to establish norms on questions to be asked, banns, and other inquiry. After fulfilling this, the priest can assist at the marriage.
Canon 1068 Danger of Death. In danger of death, unless there are contrary indications, the oath of the parties suffices to establish freedom.
Canon 1069 Must Reveal. The parties are obliged to reveal known impediments.
Canon 1070 Investigation Results. Investigator is to notify the pastor in writing about the results as soon as possible.
Canon 1071 Cautions. §1. Except in a case of necessity, a person is not to assist without the permission of the local ordinary at: 1. transients; 2. a marriage not recognized in civil law; 3. one with natural obligations; 4. notorious rejector of the Catholic faith; 5. a person who is under censure; 6§ a marriage of a minor child when the parents are unaware or reasonably opposed; 7. proxy. §2. Notorious rejector must make promises in canon 1125. It can be problematic to bring the notorious rejector (#4) to the required preparation - much has been written. Other points were in the prior code.
Canon 1072 Early Age. Pastors are to dissuade from marrying those who are below the customary marriage age in the region.
Chapter II. Diriment Impediments
(canon 1073-1094) English Latin
Diriment impediments. Roch Page. 2 of the 12 that are most timely for pastoral and moral problems. Overview then dispensation, impotence will be covered, with biomedical ethical issues. Canon law should accept to be questioned by modern bioethical issues around fertility treatments. Bond of a previous marriage - and possibilities for a solution for religious practice.
Diriment impediments raise the question fo the right of the church to condition or deny the exercise of a natural right. Canon 1058 - all can contract marriage who are not impeded by law. Same in the 1917 code but it isn't absolute. Canon 843 §1 Sacred ministers may not deny the sacraments to those who opportunely ask for them, are properly disposed and are not prohibited by law from receiving them. This is also a limit to the exercise of marriage. The right to marry is related to the person and to the nature of marriage. It can't be denied in principle, unless there is a circumstance which impedes it's right to come into existence, this is called an impediment. E.g. impotence invalidates, baptized or not.
In the broad sense, an impediment is all that opposes the regular conclusion of the matrimonial contract, e.g. defect of consent. In the strict sense, in the code (diriment - in the strict sense - invalidating) is a circumstance or obstacle or external condition affecting the contracting parties and that opposes the valid conclusion of marriage.
Among the 12 diriment impediments: disparity of worship, a catholic marries a non-baptized person. But there is a norm stating that a Catholic who wants to marry a non-baptized person unless there is a dispensation. Dispensation relaxes the law to allow someone to marry even in disparity of worship. Like a gate in a parking garage - it just raises to let you in. Dispensation relaxes the law, but doesn't effect the impediment. Diriment impediments have not always existed. In the former code there were prohibitive impediments, making the marriage illicit, not invalid, e.g. 1) mixed catholic and other baptized; before a dispensation was needed, now only a permission. 2) there were also simple vows which were prohibitive - no more, but now it is diriment; 3) legal relationship, e.g. by adoption, it is diriment.
Defect of canonical form or lack of consent or failure in due discretion. Diriment impediment is external that has nothing to due with consent. Consent is internal so hard to exclude people without a medical certificate.
A bishop can't create a new diriment impediment, but the bishop can put an interdict to marry, prevent marriage for lack of basic preparation, a tribunal can impose an interdiction to a second marriage vetitum - e.g. psychic disorder that makes marriage impossible. Bishop can prohibit in a given case, but can't make extra impediments. Parish priest can't prohibit, but can say I refuse to marry you - often because of discretion or preparation. But this is subjective. So they can't be obliged to assist.
Occult, public, divine, ecclesiastical law are all found in the canons. Impediments of divine law is of two kinds: natural and positive law - this binds everyone. Ecclesiastical call bind only catholics directly (indirectly bind their spouses).
13 impediments in the eastern code: the 13th is spiritual relationship between sponsors and baptized and with the parents. This must be taken into account in adjudicating eastern marriages - their law, our process.
Canon 1073 Defined. A diriment impediment renders a person unqualified to contract marriage validly. These restrict the right to marry, and should be interpreted strictly. Simple impediment affects liceity, not validity. Three impediments affecting liceity: temporary public vow of chastity, civil impediment and mixed religion in the 1917 code have been suppressed. So now all impediments affect validity. Eastern Rites have more extensive impediments. 1. More extensive affinity; 2. more extensive public propriety imepdiment; 3. spiritual relationship is still an impediment in the East; 4. Impediment of abduction is more extensive. Impediments make the person incapable of contracting marriage.
Canon 1074 Public or Occult. An impediment which can be proven in the external forum is considered to be public; otherwise it is occult. Repeats 1917 canon 1037.
Canon 1075 Establishment of Impediments §1. Only the pope can declare divine law impediments. §2. Or establish other impediments for the baptized. C: Holy See can declare divine law and establish human law impediments. This is parallel to canon 1038 of the 1917 code.
Canon 1076 Custom A custom which introduces a new impediment or is contrary to existing impediments is reprobated. Follows from the above.
Canon 1077 Prohibit Marriage §1. In a special case, the local ordinary can prohibit marriage for his own subjects anywhere and for those in the territory, for a grave cause, and for as long as the cause continues. §2. Only pope can add a nullifying clause to a prohibition.
Canon 1078 Dispensation §1. The local ordinary can dispense non reserved impediments of ecclesiastical law. §2. Reserved impediments are: 1. orders, public perpetual vow of chastity (pontifical right); and 2. crime. §3. No dispensation consanguinity in the direct line or in the second degree of the collateral line. C: The code commission had initially proposed more reserved impediments: age over 1 year, orders or perpetual profession, crime, consanguinity to the 3rd degree, affinity in the direct line. C: in former code, legitimation of children was also cause for dispensation, also need to avoid scandal. Also, dispensation from orders was impossible. Also former code allowed confessor to dispense only in confession, but it also allowed dispensation of public impediments. There should be a just or proporational cause given by the requesting party. Also never dispensed are impotence and prior bond (except pauline and petrine privileges.)
Canon 1079 Danger of Death. §1. In urgent danger of death, the local ordinary can dispense everything but orders. §2. In his absence, the pastor, delegate or assisting minister can so dispense. §3. Confessor can dispense occult impediments. §4. The local ordinary is not considered accessible if he can be reached only through telegraph or telephone. Is the ordinary ever really accessible to the people?
Canon 1080 Emergency Dispensation §1. Local ordinary can dispense late discovered impediment. §2. This power is valid even to convalidate a marriage. C: 1. Discovery is by the priest or ordinary, even if others knew. 2. Wedding prepared means prenuptial procedures of bishops conference have been carried out. 3. occult means the impediment is de facto not divulged.
Canon 1081 Notification Notify the local ordinary immediately about a dispensation granted for the external forum; and not it in the marriage register.
Canon 1082 Occult notification Dispensation in internal forum is to be noted in a book which must be kept in the secret archive of the curia; no other dispensation is necessary if it later becomes public.
Leave by formal act - then you aren't bound by form. So your merely civil marriage is covered where as your civil marriage wouldn't have been covered before.
Chapter III: Individual Diriment Impediments
Canon 1083 Age. §1 A man before he has completed his sixteenth year of age and a woman before she has completed her fourteenth year of age cannot enter into a valid marriage. §2. The conference of bishops is free to establish a higher age for the licit celebration of marriage. These are for liceity only.
Canon 1084 Impotence. §1 Antecedent and perpetual impotence whether absolute or relative, nullifies marriage by its very nature. §2. If the impediment of impotence is doubtful, a marriage must not be impeded nor, while the doubt remains, declared null. §3. Sterility neither prohibits nor nullifies marriage.
Church or pastor won't allow marriage if the man is in a wheel chair. We have to distinguish impotence and sterility - impotence is inability to accomplish the conjugal act in a natural way. It is different from sterility which is the physical impossibility to procreate. The first is an impediment, the second is not. It is a diriment impediment of natural law - divine natural law.
Antecedent It is if impotent before consent.
Perpetual - if there is an incorrectable impotence - it is perpetual if it can't be healed medically without 'serious risk of life.' Today, there is surgery, but before it isn't that clear. What about prosthesis, moralists discuss this.
Absolute or relative - Absolute if it is with any partner, relative if it is with just these spouses.
Doubtful - if the impotence is doubtful, don't prevent, or declare null. It doesn't have to be a strong doubt - a hint of a doubt is good enough to allow the marriage. At the annulment, if the doubt persists, you can annul, but if you can resolve the doubt in favor of impotence, then it can be annulled.
Case 1 Man has vasectomy before marriage - in WWII thousands of men were involuntarily sterilized. Rota and CDF diverged on this. Rota said invalidates; CDF said OK (ejaculation of semen not necessary). May 1977, CDF issued a decree on it. Marriages annulled before 1977 according to Rota practice - when a judgment is issued in nullity, it never becomes res judicata. Judgments on things becomes final. But judgments on the status of persons never become final. If it is an interpretation of natural law, it is retroactive; but if it is a new law, then it is prospective only.
Case 2 If a man has a vasectomy just before marriage. The tribunal will investigate the intention against children and whether it was disclosed to the wife. If the man promised children, then 'reneged'. What about viagra - is this part of 'humano modo'? 'aphrodisiac is not an impediment to humano modo' - penetration, ejaculation and semen. {Privilege: priva lex.}
Case 3 Prosthesis for penetration {penetration presumes erection} - this depends. Is there also ejaculation of certain semen. Opinion: if only penetration no intercourse, so impotence. If there is ejaculation of certain semen - the question is brand new. Urology feels it has practically eliminated impotence. The question hasn't been definitively answered from the Holy See. The bioethicists are discussing it.
Case 4 Marriage of elders. Pastoral care says marry them, but it is against the ends of marriage. Bonum conjugum is one of the ends now, and bless the marriages.
Canon 1085 Prior Bond §1. A person bound by the bond of a prior marriage, even if it was not consummated, invalidly attempts marriage. §2. The nullity or dissolution of the prior marriage must be established legitimately and certainly.
Lack of form case requires certificate of baptism, civil marriage, civil divorce, sworn statement of no prescribed form.
If you marry again, it is against unity first (polygamy) and against indissolubility. In fact that only marriage that can't be dissolved - is one that is ratum et consumatum - dissolution is different from declaration of nullity. Opinion - the church decided in the 11th or 12th century under Alexander V, that it had the right to dissolve a ratum et non consumatum marriage - the pope can dissolve - not perfected. If the church spent a Millenium not knowing that it could dissolve these, will it maybe one day find that it can dissolve more. Has the church discovered all it's capacity to lead its people to heaven.
Canon 1085 §2 Even though the previous marriage is invalid or for any reason dissolved, it is not therebylawful to contract another marriage before the nullity or the dissolution of the previous one has been established lawfully and with certainty. Tribunals in multi-confessional areas - 1st marriage: Anglican and Lutheran then divorce. 2nd: Anglican and Calvinist then divorce. 3rd: Anglican and Methodist then divorce. Now wants ot marry a catholic. which marriage do we examine. Since the first marriage is presumed valid, it enjoys favor of law. 1060. But if you invalidate - then you have to look at the second, then the third.
Divorced remarried Catholics - this is pastorally difficult and a theological problem. Canonists try to solve this, but it is a bad use of law. Some would like more grounds. Look to the orthodox churches. Internal forum solution - let the people judge for themselves; no wedding ceremony for this. This is helpful till we find something better.
Conflict Situation: a person is certain in conscience, but has not been so adjudged by a tribunal, or not yet, or maybe not enough evidence. there is a conflict between the internal and external fora.
History - even St. Paul advised Christians to marry in the Lord, which probably means marry between baptized. In the 1917 Code, the legislation on mixed marriages was very strict. “If there is a danger for the catholic party or the children, it is prohibited by divine law.” Parties had to sign the promise of raising kids catholics and needed dispensation. Mixed marriage had no liturgical rite, and presence of non-catholic minister forbidden under pain of excommunication. Vatican 2 didn't address the issue at all, but right after the council, CDF issued an instruction allowing dispensation from canonical form granted by the Holy See. In 1970, MP Matrimonia Mixta completely reorganized the law. Non-catholic promise no more required. The 1983 code follows this, but the Catholic party must intend to have the children baptized. Now, canon 1125 backs off from promise to baptized, to the promise to do all in their power to have them baptized. Usually dispensation from canonical form has a condition that it be public.
Civilly married for a long time, then want to 'regularize', there are two possibilities: 1) private ceremony, 2) convalidation with renewal of vows. In some dioceses, the bishop may want to reserve the case so they can investigate whether there was ever a catholic wedding. If they skip the process, it would be valid, but the priest may be in trouble. Legislator can't go against higher norm.
Canon 1086 Disparity of Cult / Worship. §1. A marriage between a Catholic and an unbaptized is invalid. §2. No dispensation unless canons 1125 and 1126 have been fulfilled. §3. In a doubtful baptism, validity is presumed. Ecclesiastical law, so can be dispensed. Baptized non-catholics were not bound by the impediment. Mixed marriage is with another Christian; disparity of cult is with a non-Christian. 359 dispensations in Belgium. Free choice is important in Catholic thinking, but it is not in other religious traditions - parents, community may be more important, and arranged marriages are accepted. It is sacramental with Catholic and unbaptized after dispensation. Dispensation is from the Ordinary or his vicars.
If one of the two is RC, you need dispensations for diriment impendiments and you are bound by canonical form.
“left by formal act” removed by Omnium in mentem 2010
Canon 1087 Orders. Those in sacred orders invalidly attempt marriage. Must be ordained knowingly, freely and validly. Dispensation by pope alone; rarely given. Ipso facto removal from office, see canon 194, 1394.
Canon 1088 Relgious Vow. Those bound by a public perpetual vow of chastity in a religious institute invalidly attempt marriage. Results in ipso facto dismissal, see canon 694, 1394.
Canon 1089 Abduction. No marriage can exist between a man and a woman who has been abducted unless the woman chooses marriage of her own accord after she is established in a safe and free place. Positive discrimination for women.
Canon 1090 Crime. §1. Murder of anyone's spouse for marriage invalidates. §2. Conspiracy for murder invalidates.
Canon 1091 Consanguinity §1. In the direct line of consanguinity marriage is invalid between all ancestors and descendants, both legitimate and natural. §2. In the collateral line marriage is invalid up to and including the fourth degree. §3. The impediment of consanguinity is not multiplied. §4. A marriage is never permitted if doubt exists whether the partners are related by consanguinity in any degree of the direct line or in the second degree of the collateral line. Very much influenced by Roman Law. Arises by conception and birth, both parents in common or both parents in common. Direct line is parent, child, grandparent, etc. Always invalidates. This divine law in the first degree. In the collateral line (with a common ancestor) is invalid to the fourth degree - second degree probably divine law, the others can be dispensed.
Canon 1092 Affinity. Affinity in the direct line in any degree invalidates a marriage. Affinity is created by marriage - one has affinity with the blood relations of the spouse. It is only the partners and the inlaws. (Clearer in english than other languages.) Eastern churches have two additional affinity of second degree collateral - sibling of spouse.
Canon 1093 Propriety. The impediment of public propriety arises from an invalid marriage after the establishment of common life or from notorious or public concubinage. It nullifies marriage in the first degree of the direct line between the man and the blood relatives of the woman, and vice versa. So people aren't married, but live together - they can get married, but the impediment affects the first degree direct line of the family of the people. It is consanguinity or affinity that arises from public concubinage - ecclesiastical law can be dispensed.
Canon 1094 Adoption. Those who are related in the direct line or in the second degree of the collateral line by a legal relationship arising from adoption cannot marry validly.
Chapter IV: Matrimonial Consent
Canon 1095 Incapable. The following are incapable of contracting marriage: 1. those who lack sufficient use of reason; 2. those who suffer from a grave lack of discretionary judgement concerning the essential matrimonial rights and obligations to be mutually given and accepted; 3. those who, because of causes of a psychological nature, are unable to assume the essential obligations of marriage. Attempt is to make consensual incapacity a juridical term. Capacity must be in proportion to the object of marriage. Impediments are a bar to contracting, this incapacity expresses the fundamental inability to place a free, full and responsible human act of this magnitude at the moment of consent. 1) Lack use of reason may include substance induced indiscretion. 2) Grave lack of discression must go to the capacity of consent. The incapacity goes to the rightsobligations of marriage. Consent is proved valid, unless and until the contrary is proven for the moment of consent. 3) The psychological cause doesn't make them unable to consent, but makes them unable to assume the obligations of the consent. And therefore the consent is defective. Seriousness of the the psychological causes is not at issue, but their affect on capacity to assume.
Number 1. Lack of use of reason: permanent incapacity, alcohol, trauma, depression; it is better to go to number two
Number 2. Incapacitas eliciendi - Lack of discretion - poor judgment. Clear, it must be a grave lack of discretion about to the matrimonial rights and duties. You have to be able to evaluate yourself and the other person. Did they know each other sufficiently at the moment of marriage. E.g. too young, short courtship, failing courtship, courtship when they spent less time together.
Number 3. Incapacitas assumendi. Lacked psychological integration to enter a marriage. Alcoholism, Psychic disorder, Homosexuality. Not for physical reasons. Can't live it out on a daily basis, even if you know what you are doing. The mental illness itself itsn't the problem, but its interference with the marital life. Canon 1680 - expert testimony.
Canon 1096 Ignorance. §1 Matrimonial consent requires parties at least not ignorant of the fact that marriage is 1) a permanent partnership between a man and a woman, 2) ordered to the procreation of children, 3) through some form of sexual cooperation. §2 This ignorance is not presumed after puberty. (Puberty not defined) (what of knowledge of life and love and mutual growth?) Limited ignorance. Know: life long partnership, parenthood, sexuality. Current US jurisprudence is exploring the partnership element. This can work locally, but it won't be followed by the Rota.
Canon 1097 Error. §1 Error about a person invalidates a marriage. §2 Error about a quality of the person doesn't invalidate, unless it is the principal quality intended. Wanted to marry Sam, married Joe by mistake. What qualities? Error in corpus or error in qualitatis. Polish Twins. Woman who said she was a nurse would help doctor. But marriage shouldn't be just one element, so this is problematic.
Canon 1098 Deceit. Marriage is invalid if obtained by deceit, concerning an important quality. New in this code. Deceit can be by a third party, but must be done to obtain consent, and be about a quality of the marriage partner. E.g. don't tell you can't have children - dolus. Homosexual who doesn't reveal it. New as a separate ground, but before it was linked to error.
Canon 1099 Indissolubility. Provided it does not determine the will, error concerning the unity or the indissolubility or the sacramental dignity of marriage does not vitiate matrimonial consent.
Canon 1101 Simulation. §1 The internal consent of the mind is presumed to conform to the words or the signs used in the celebration of a marriage. §2 If either party excludes marriage or an element of it, it is simulation. W: they are promising a lot, love and respect for all of life. It is not likely that they understand and are willing to do this. Externally and internally consent. W: Simulation may be total or partial. Partial is withholding consent to an element or property. Total - doesn't consent to marriage - it is only a means to another end. E.g. intention against fidelity, divorce mentality - we will do our best. Intention against children can be implicit - always use contraceptives.
Canon 1102 Condition. §1 Marriage cannot be subject to a future condition. §2 Past or present condition is subject to that condition. §3 Condition in §2 requires Ordinary's consent.
Canon 1103 Force and Fear. A marriage is invalid which was entered into by reason of force or of grave fear imposed from outside, even if not purposely, from which the person has no escape other than by choosing marriage. W: This goes against consent. One of the oldest nullity grounds even in the middle ages. This can be fear of suicide. Even reverential fear, e.g. toward parents.
Canon 1104 Proxy. §1 Contracting parties must be present together, either personally or by proxy. §2 The spouses express their matrimonial consent in words or signs. §4 If the mandator revokes or becomes incompetent, proxy is prospectively invalid.
Canon 1105 Proxy. §1 Requirements for proxy: 1° Special mandate to contract with a specific person; 2° Proxy to be designated to act personally; §2 Mandate to be signed by mandator and pastor, or civilly valid; §3 If the mandator cannot write, other record is made.
Canon 1106 Interpreter. Marriage through a trustworthy interpreter.
Canon 1107 Presumed valid. Even with impediment or defect of form, the consent given is presumed to persist until its withdrawal has been established.
Chapter V: Canonical Form
(canon 1108-1123) English Latin
Catholics have to use the correct form or ask a dispensation from the bishop. If this is not done, the marriage is not recognized as valid - civil ceremony is invalid, same for protestant ceremony. Defectus formae procedure is also a possibility for annulment - E.g. Charles - all documentary procedure. Two elements for the form to be valid, it was fixed at Trent in Tametsi: 1) Two witnesses; 2) an official representing the church (priest or deacon - the pastor where the wedding takes place, or someone delegated by him).
Canonical form - important because of era. How many young people with minimal religious education will marry in the church sacramentally and divorce and remarry civilly and receive communion without any problem.
Canonical Form Canon 1108-1123. The expression, even if it concerns external aspect, liturgy, prenuptial preparation, investigation, etc. It consists of authorized assistant and two witnesses. Canon 1108. The priest assists, this is the formal juridical term. Spouses are ministers. Validity requires the assistant and witnesses - law doesn't make marriage - it is the consent that makes marriage. So why is form mandatory? From the 8th century on, the church was concerned with clandestine marriages. Sometimes they were done because society wouldn't allow marriage otherwise. But there was no evidence of the consent, so hard to control. And how could impediments be controlled, e.g. consanguinity. The church intervened at the council of Trent. forbidding the clandestine marriages wasn't sufficient. Tametsi declared them invalid. so it was for control. Witnesses need not be catholic but must have the use of reason and be able to “witness.” Impairment of assistant, witnesses or parties invalidates marriage.
3 Grounds to declare a marriage null: 1) diriment impediment; 2) defect of consent; 3) lack or defect of canonical form. People marry civilly and if one or both are catholic, their marriage is invalid. Some marry civilly because of a prior bond, others because the prefer, others just don't know. If a couple comes for wedding and one was catholic and married civilly - but call the chancery because in some dioceses, the ordinary wants some notice. In a remote place, they can marry before two witnesses only - Canon 1116 - extraordinary canonical form. Eastern code has the same, but the need the blessing as soon as possible. If there is a defect of form, then the tribunal can procede on documentary evidence. Regarding dispensation of canonical form: if two catholics want marry in an Anglican church or civil authority - this cannot be granted. But in some cases it is possible when the man was a former Anglican, his father was a minister, and they got permission from the pope. Almost never, but in danger of death, okay (it is a case of convalidation). Mixed marriages can get dispensation of form.
Canon 1108 Form. §1. For validity, assistant and two witnesses required as described here. §2. Asssistant is present, asks for the manifestation of the consent of the contracting parties, and receives it in the name of the Church.
Canon 1109 Assistant. Unless the local ordinary and pastor have been excommunicated, interdicted, or suspended from office or declared such through a sentence or decree, by virtue of their office and within the confines of their territory they assist validly at the marriages not only of their subjects but also of those who are not their subjects provided that one of them is of the Latin rite.
Canon 1110 Jurisdiction. By virtue of office, a personal ordinary and a personal pastor assist validly only at marriages where at least one of the parties is a subject within the confines of their jurisdiction.
Canon 1111 Assistant. §1 As long as they validly hold office, the local Ordinary and the parish priest can delegate to priests and deacons. §2 Specific delegation can be oral, a general delegation must be in writing. They have to examine whether the parties are free to marry.
Before 1 August 1948, the catholic party must be baptized and raised catholic to be bound by catholic canonical form. This means other forms were valid for the rest.
In the new code, catholics only had to be baptized to be bound by catholic canonical form to have a valid marriage. A catholic who has left the church by formal act is not bound to canonical form. (Now, one who becomes protestant now marries validly for catholics. By leaving, they are not bound by form, so they marry validly without the form.) For two Roman Catholics who marry civilly, it is not valid; however, if they both leave the church, it is a valid marriage. Leaving by formal act is mentioned in Canon 1117 - read with 1108. Only Roman Catholics can receive the sacraments. After November 26, 2006, leaving by formal act means internal decision + external act + received by competent ecclesiastical authority.
Canon 1112 Lay Persons. §1. The diocesan bishop can delegate lay persons to assist at marriages with the okay of bishops conference and holy see. §2. A suitable lay person is to give instruction and perform the matrimonial liturgy.
Canon 1113 Free Status. Before special delegation is granted, all those things which the law has established to prove free status are to be fulfilled.
Canon 1114 Illicit Assistance. Assistance is illicit unless free status of the couple is shown.
Canon 1115 Place. Marriages are to be celebrated in a parish where either of the couple has a domicile, quasi-domicile, month long residence or where transients actually reside. With permission of the proper ordinary or pastor, marriages can be celebrated elsewhere.
Canon 1116 Extraordinary Form. §1. A couple can contract it validly and licitly before witnesses only: 1. in danger of death; or 2. if they can't get a proper assistant for one month. §2. In either case, a priest or deacon is should be called if available.
Canon 1117 One Catholic. Canonical form is required if at least one is Catholic. (“and not left by formal act” removed by Omnium in mentem 2010) without prejudice to the prescripts of can. 1127, §2.
Canon 1118 Parish Church. §1. With at least one Catholic, marriage is to be celebrated in a parish church, or other church or oratory with permission. §2. Or another suitable place with permission. §3. With a Catholic and non-baptized, marriage can be celebrated in a church or in another suitable place.
Canon 1119 Rites. Outside of necessity, the rites prescribed are to be observed in the celebration of a marriage.
Canon 1120 Bishop's Rite. The conference of bishops can produce its own rite of marriage, assistant must ask for the manifestation of consent of the contracting parties, and receive it.
Canon 1121.
After a marriage has been celebrated, the pastor of the place of the celebration or the person who takes his place, even if neither assisted at the marriage, is to note as soon as possible in the marriage register the names of the spouses, the person who assisted, and the witnesses, and the place and date of the celebration of the marriage according to the method prescribed by the conference of bishops or the diocesan bishop.
Whenever a marriage is contracted according to the norm of can. 1116, a priest or deacon, if he was present at the celebration, or otherwise the witnesses in solidum with the contracting parties are bound to inform as soon as possible the pastor or local ordinary about the marriage entered into.
For a marriage contracted with a dispensation from canonical form, the local ordinary who granted the dispensation is to take care that the dispensation and celebration are inscribed in the marriage registers of both the curia and the proper parish of the Catholic party whose pastor conducted the investigation about the free status. The Catholic spouse is bound to notify as soon as possible the same ordinary and pastor about the marriage celebrated and also to indicate the place of the celebration and the public form observed.
Canon 1122 Registration. §1. The contracted marriage is to be noted also in the baptismal registers in which the baptism of the spouses has been recorded. §2. Notice to be sent.
Canon 1123 Other Registration. Convalidation, nullity or dissolution to be noted in the marriage and baptismal registers. Exceptions to form 1) presumed valid minister; 2) lay person; 3) no one available for a month, just two witnesses are okay (canon 1116; 4) catholics who have left by formal act; 5) mixed marriages, canon 1127.
Chapter VI: Mixed Marriages
(canon 1124-1129) English Latin
Mixed marriages - Dignitas Conubii has interesting changes especially matrimonial process.
Terminology: 1) mixed marriage outside the canonical context, it may be used in the broad sense of Catholic with a baptized non-Catholic or with a non-baptized. 2) in the canonical sense, it only means Catholic with a baptized non-Catholic - without permission illicit but valid. Catholic with non-baptized is disparity of worship - invalid without dispensation. For both, at least one has to be Catholic.
History - even St. Paul advised Christians to marry in the Lord, which probably means marry between baptized. In the 1917 Code, the legislation on mixed marriages was very strict. “If there is a danger for the catholic party or the children, it is prohibited by divine law.” Parties had to sign the promise of raising kids catholics and needed dispensation. Mixed marriage had no liturgical rite, and presence of non-catholic minister forbidden under pain of excommunication. Vatican 2 didn't address the issue at all, but right after the council, CDF issued an instruction allowing dispensation from canonical form granted by the Holy See. In 1970, MP Matrimonia Mixta completely reorganized the law. Non-catholic promise no more required. The 1983 code follows this, but the Catholic party must intend to have the children baptized. Now, canon 1125 backs off from promise to baptized, to the promise to do all in their power to have them baptized. Usually dispensation from canonical form has a condition that it be public. Canon 1130-1133 is provision for secret marriage - e.g. to regularize a long standing civil marriage - to avoid scandal. To avoid civil disadvantages, e.g. pensions. This can have consequences if they are married sacramentally but not civilly.
Civilly married for a long time, then want to 'regularize', there are two possibilities: 1) private ceremony, 2) convalidation with renewal of vows. In some dioceses, the bishop may want to reserve the case so they can investigate whether there was ever a catholic wedding. If they skip the process, it would be valid, but the priest may be in trouble. Legislator can't go against higher norm.
Leaving by a formal act makes the catholic no longer bound by catholic marriage law. There are three mentions of defecting from the church by a formal act in marriage law: 1) mixed marriages; 2) disparity of workship; 3) canonical form. These are merely ecclesiastical law only applies catholic - so the exemption for those who defect is piric because it doesn't apply anyway. March 13, 2006. When the tribunal adjudicates a mixed or disparity case, Under the old code, we only judged according to catholic marriage law; but now we judge marriage between catholic and baptized, is governed by the marriage law of the other churches or ecclesial communities, or by customary law or civil law of the place. Dignitas Conubii says the church recognizes any form that the couple uses under its own terms. This canonizes the law underwhich a non-catholic or non-baptized person lives; but if there is no marriage law, then they are married civilly, and annulled civilly, then would it be accepted. Pius XII said if it is annulled in a way that doesn't go against divine law, it can be accepted.
Canon 1124 Inter-Ecclesial Marriage. Express permission required to marry a non-Catholic Christian (for liceity - not validity). “left by formal act” removed by Omnium in mentem 2010
Canon 1125 Promises. Just and reasonable cause suffices.
The Catholic party declares readiness to remove dangers of defecting from the faith and promise to do all in his or her power that the children are baptized and raised Catholic;
the other party is to be informed of this;
both are to be instructed about the purposes and essential properties of marriage which neither of the contracting parties is to exclude.
Canon 1126 Form. Conference of bishops establish the method.
Canon 1127 Mixed / Interritual.
The prescripts of can. 1108 are to be observed for the form to be used in a mixed marriage. Nevertheless, if a Catholic party contracts marriage with a non-Catholic party of an Eastern rite, the canonical form of the celebration must be observed for liceity only; for validity, however, the presence of a sacred minister is required and the other requirements of law are to be observed.
If grave difficulties hinder the observance of canonical form, the local ordinary of the Catholic party has the right of dispensing from the form in individual cases, after having consulted the ordinary of the place in which the marriage is celebrated and with some public form of celebration for validity. It is for the conference of bishops to establish norms by which the aforementioned dispensation is to be granted in a uniform manner.
It is forbidden to have another religious celebration of the same marriage to give or renew matrimonial consent before or after the canonical celebration according to the norm of §1. Likewise, there is not to be a religious celebration in which the Catholic who is assisting and a non-Catholic minister together, using their own rites, ask for the consent of the parties.
Canon 1128 Pastoral Care. Local ordinaries and other pastors of souls are to take care that the Catholic spouse and the children born of a mixed marriage do not lack the spiritual help to fulfill their obligations and are to help spouses foster the unity of conjugal and family life.
Canon 1129. The prescripts of canon 1127 and 1128 must be applied also to marriages which the impediment of disparity of cult mentioned in can. 1086, §1 impedes.
Chapter VII: Secret Celebration of Marriage
Canon 1130 Permission. For a grave and urgent cause, the local ordinary can permit a marriage to be celebrated secretly.
Canon 1131 Meaning. Permission to celebrate a marriage secretly entails the following:
the investigations which must be conducted before the marriage are done secretly;
the local ordinary, the one assisting, the witnesses, and the spouses observe secrecy about the marriage celebrated.
Canon 1132 Scandal. The obligation of observing the secrecy mentioned in can. 1131, n. 2 ceases on the part of the local ordinary if grave scandal or grave harm to the holiness of marriage is imminent due to the observance of the secret; this is to be made known to the parties before the celebration of the marriage.
Canon 1133 Register. A marriage celebrated secretly is to be noted only in a special register to be kept in the secret archive of the curia.
Chapter VII: The Effects of Marriage
(canon 1134-1140) English Latin
Canon 1134 Bond and Sacrament. From a valid marriage there arises between the spouses a bond which by its nature is perpetual and exclusive. Moreover, a special sacrament strengthens and, as it were, consecrates the spouses in a Christian marriage for the duties and dignity of their state.
Canon 1135 Equality. Each spouse has an equal duty and right to those things which belong to the partnership of conjugal life.
Canon 1136 Care of Children. Parents have the most grave duty and the primary right to take care as best they can for the physical, social, cultural, moral, and religious education of their offspring.
Canon 1137 Legitimate The children conceived or born of a valid or putative marriage are legitimate.
Canon 1138 Paternity. §1. The father is he whom a lawful marriage indicates unless clear evidence proves the contrary. §2. Children born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life are presumed to be legitimate.
Canon 1139 Legitimation. Illegitimate children are legitimated by the subsequent valid or putative marriage of their parents or by a rescript of the Holy See.
Canon 1140 Effects. As regards canonical effects, legitimated children are equal in all things to legitimate ones unless the law has expressly provided otherwise.
Chapter IX: Separation
(canon 1141-1155)
Article 1: Dissolution English Latin
Dissolution of the Bond (canon 1141-1150)
Ratum sed non consummatum (canon 1141-1142) - Canon law says all marriages have the properties of unity and perpetuity.
Canon 1141 Indissolubility A Can. 1141 A marriage which is ratum et consumatum cannot be dissolved by any human power or by any cause other than death. (Only option is annulment). Two ways of dissolving a non-sacramental marriage - it is a natural but not a sacramental bond. Dissolution versus Declaration of Nullity - Be clear on this. Dissolution dissolves an existing bond - there was a bond that no longer exists; Nullity declares there never was a valid marriage (judicial decision).
Canon 1142 Ratum sed non consumatum. Unconsumated marriage - one spouse must be baptized, one spouse can request even if the other is party is unwilling, only the Roman Pontiff can grant it. Consummation is sexual intercourse in a human fashion apt for generation of children (no rape) after consent. (12th century) Biological fact + manner of intercourse required. This happens more than separation - the case has to go to Rome. H: If both are unbaptized, then one is baptized, if consummation is not renewed, it is ratum non-consumatum.
Canon 1143 Privilegium Paulinum. Dissolve the bond of two non-baptized people if one become baptized and the unbaptized won't live in peace with the baptized or without offense to the creator. They can marry another, baptized or not. The bond is dissolved by the new marriage if the other party departs (no procedure required). Based on interpretation of Paul 1 Corinthians 7: 12-15. Can be used for pastoral reasons. Two unbaptized divorce. Later one wants to marry a catholic - if they are baptized, they can make use of this privilege. Not the intent of Paul or the code, but it is a technique. (Could this be used to legitimate other - living in peace - for regular divorce.) It would have to be a baptism recognized by the Catholic church. Proofs: 1) both unmarried at the start (testimony); 2) respondent not baptized or planning it; 3) petitioner is baptized or is planning to be baptized before the new marriage; 4) respondent doesn't wish to co-habitate; 5) the petitioner will marry in the catholic church. The former spouse is also then free to marry in the church.
Canon 1144 Respondent. The respondent has to be asked if he or she wants baptism, or will cohabit with the baptize partner. Should asked before baptism, there are procedures if impossible, etc. Privilegium Petrinum. It was in the old code, but not in the current code. Decree in favor of the faith - grants a previous married person the right to marry under certain circumstances. One baptized after marriage, the other non baptized person. The pope can act in the favor of the catholic faith. Protestant lady who is married to an unbaptized person. Wants to marry a catholic - the pope can dissolve the first marriage. Either can re-marry. This isn't very ecumenical. A baptized and B unbaptized; Catholic wants to marry A and B remains unbaptized; 3) This is sent to the Holy See.
Canon 1145 Interpellation. §1 Generally interpellation is by the local Ordinary of the converted party. Time is given for reply. §2 Interpellation can e private. §3 There must be proof of the interpellation and its outcome.
Canon 1146 New Marriage. The baptized has the right to new marriage with a catholic if: 1° if the other party has replied in the negative to the interpellation, or if the interpellation has been lawfully omitted; 2° if the unbaptized person has left.
Canon 1147 Non-Baptized. Pauline privilege can be used in marriage with another non-Christian.
Canon 1148 Polygamy. §1 Baptized polygamist can retain a spouse (need not be the first) §2 The recognized marriage is to be contracted in the legal form, with due observance. §3 Adequate provision to be made made, in accordance with the norms of justice, Christian charity and natural equity, for the needs of dismissed spouses.
Canon 1149 Other Baptized. Newly baptized who cannot re-establish cohabitation with the unbaptized spouse can contract marriage even if the first spouse receives baptism.
Canon 1150 Favor of Law. In a doubtful matter the privilege of the faith enjoys the favour of law. I.e. in a doubt, resolve so that the baptized remarrying.
Article 2: Separation with the Bond Remaining. (canon 1151-1155) English Latin
Canon 1151 Conjugal Life. Spouses have right and duty to common conjugal life.
Canon 1152 Separation. Separation with the bond remaining has existed for a long time: suspension of common life doesn't violate the principle of indissolubility. According to the system, it only prevents a second marriage. Marriage people that don't live together, and may be divorced in civil law, are okay with sacraments, etc. Reasons include: 1) adultery; 2) grave bodily harm to spouse or children; 3) grave spiritual harm to spouse or children; 4) dissertion. Without these reasons they can't separate. The party can make their own decision, but the official permission is from the bishop.
Canon 1153 Other Reasons to Separate. Danger to spouse for so long as danger remains. The bond still remains. Completely different from the nullity case; you just need a decree from the bishop (usually done by the judicial vicar - but in factually they don't go for it, and it isn't a solution). It can be a 'consolation' if the nullity doesn't come through.
Canon 1154 Child Support. After the separation of the spouses has taken place, the adequate support and education of the children must always be suitably provided.
Canon 1155 Renounce Right to Separate. The innocent spouse laudably can readmit the other spouse to conjugal life; in this case the innocent spouse renounces the right to separate.
Chapter X: Validation
(canon 1156-1165) English Latin
Article 1: Simple Convalidation. (canon 1156-1160)
Canon 1156. §1. To convalidate a marriage invalid by diriment impediment, the impediment must cease or be dispensed and at least the conscious party conscious renews consent. §2. Ecclesiastical law requires this renewal of consent. H: Convalidation is a legal remedy to make valid the original consent which was invalid. Concubinage can't be convalidated. Simple convalidation is the renewal of consent by the couple, radical sanation is a legal act by the church. Radical sanation goes back to the moment of consent. Main difference is emotional, no juridical difference in effect. Impediment may cease by 1) passage of time; 2) dispensation; 3) change of law. Renewed consent isn't required by divine law. Pastoral note - shouldn't bring up impediment if they won't separate, or if children would be harmed and can't convalidate. Convalidation validates a currently invalid marriage.
Canon 1157. The renewal of consent must be a new act of the will concerning a marriage which the renewing party knows or thinks was null from the beginning.
Canon 1158. §1. If the impediment is public, both parties renew the consent in canonical form, (see canon 1127, §2.) §2. If the impediment cannot be proven, it is sufficient that the party conscious of the impediment renews the consent privately and in secret, provided that the other perseveres in the consent offered.
Canon 1159. §1. A marriage invalid bwhich is by defect of consent is convalidated if non-consenting the party if the partner's consent purdures. §2. If the defect of consent cannot be proven, consent can be private and secret. §3. If the defect of consent can be proven, the consent must be given in canonical form.
Canon 1160. A marriage which is null because of defect of form must be contracted anew in canonical form in order to become valid, (canon 1127, §2).
Article 2: Radical Sanation. (canon 1161-1165)
Canon 1161. §1. The radical sanation of an invalid marriage is its convalidation without the renewal of consent; it is granted by competent authority who dispenses from an impediment, and/or from canonical form, and is retroactive. §2. Convalidation occurs at the moment of the granting of the favor. Generally retroactive to celebration of marriage. §3. A radical sanation is not to be granted unless it is probable that the parties wish to persevere in conjugal life.
Canon 1162. §1. A marriage cannot be radically sanated if consent is lacking in either or both of the parties at the start or later on. §2. If consent was given after the wedding, the sanation can be granted from the moment the consent was given.
Canon 1163. §1. A marriage which is invalid because of an impediment or a defect of form can be sanated if consent perseveres. §2. A marriage which is invalid because of an impediment of natural law or of divine positive law can be sanated only after the impediment has ceased.
Canon 1164. A sanation can be granted validly even if parties do not know of it; nevertheless, it is not to be granted except for a grave cause. H: this can even be granted globally, e.g. if someone was an unauthorized minister.
Canon 1165. §1. The Apostolic See can grant a radical sanation. §2. The diocesan bishop can grant a radical sanation in individual cases unless reserved to the holy see, or if it concerns an impediment of natural law or divine positive law which has now ceased. (see canon 1125).
Grounds to Declare the Nullity of Marriage
People promise to live together to death, but there can be problems and divorce. The only solution in the church is annullment. The grounds go to the basics of marriage:
You have to know the basics of what marriage means.
You have to know the responsibilities of marriage and freely accept them.
You have to have the capacity 1) to evaluate and make the choice, and 2) the capacity to fulfill the obligations. People have to be willing and able.
Lack of discretion (one who is not able.) Canon 1095 is used daily, most common annullment grounds and most subject to open interpretation. This overturns the presumption of canon 1057 that the marriage is formed by the consent. See Canon 1095.
Canon 1680 in cases of impotence or defect of consent due to mental illness, one or more experts is to be consulted.
Minimalists and maximalists. Marriage is something that should be open to everyone, so you can't ask people to know too much or have too much capacity, so marriages don't get annulled so much. This is the problem with open notions, and also the benefit of the system where there is openness to interpretation. US and western Europe look for high level of capacity so that they can annul marriage.
Lack of Capacity, 1095, Ignorance 1096, Error 1097, Deceit 1098.
Lack of intention (one who don't not want to marry.) Most people prefer these categories than the incapacity, they prefer to be unwilling to be unable. People prefer to be bad rather than incapable.
Simulation 1101, Condition 1102, Force and Fear 1103.
Marriage processes
Party to a marriage with at least one baptized can petition for annulment, church claims no jurisdiction over marriage between two nonbaptized. It is handled as a contentious process. Forum is place of marriage, respondent, petitioner, or proofs. Internal forum - receive sacraments without annulment.
1. Church Tribunals.
The composition of an Ecclesiastical Tribunal - in belgium, the president (non canonically defined) is a lay person in the interdiocesan tribunals. 3 priests: JV and two judges for each case.
Some Statistics - low numbers of annulments, but people voted with their feet - just don't use the procedures.
Different Procedures.
Documentary process for diriment impediment or lack of form. This can be proven with documents. Canon 1108.
Formal Process - Both spouses are invited to participate. Determining procedure:
Catholic x Catholic in Catholic Church (probably no diriment impediment) - Formal
Catholic x Catholic not in Catholic Church - Documentary process.
Catholic x Other Baptized in Catholic Church with permission - Formal (if no permission, illicit, but still valid).
Procedures to Declare the Nullity of Marriage
Development of an annulment procedure
Petition Canons 1501-1506. Petition by Catholic or one wanting to marry a Catholic can start the procedure. By letter, email or phone. Form to be completed, returned and entered on the docket with case number. Case is petitioner (at birth) then respondent (at birth): e.g. Smith-Brown. There should be a statement and names of witnesses.
Jurisdiction: Canon 1673: 1. the tribunal of the place in which the marriage was celebrated, or 1. where respondent is living. 3. where petitioner lives if respondent is also there (bishop's conference), with permission of respondent. 4. Tribunal where proofs exist with consent of JV who asks respondent. If a forum is too tough, another tribunal can try to take the case, with Rome's permission.
Court, 3 judges, defender and notary - the presiding judge has all the investigation and meets parties, generally it is the lay judge.
Acceptance of the case by the presiding judge by decree, saying a possibility exists. (Canon 1507). There are processes for rejected cases.
Citation of Respondent. People don't like this. They don't have to participate, but they can. Their rights are explained, invitation to make a statement. 15 working days to repond - but if it is longer, you will do what is possible to get their reponse. Respondent can enter any time till the conclusion of the case. Case can be reopened if there is more serious evidence.
800 EU per case in Belgium, in Australia 1/10 of weekly salary, Netherlands free, but they ask a gift. This can be problematic. Cheap for divorce, but some say it should be free. 18-24 months.
Joinder of Issues - Judge reviews and fixes ground of annulment, parties are informed and given a chance to respond. Then the procedure proceeds only on this ground. It is better for people to proceed on one or few grounds, not the shot-gun approach. They have to get a second instance confirmation in order to remarry.
Instruction of the case - testimony of parties and witnesses.
Witnesses willing to be interviewed - many think it is none of the tribunal's business. They work with tribunals where the people they are to get the interview. People are willing to be interviewed, but the parties get to read what others are saying about them.
Documents.
Experts. If you are dealing with a mental illness case 1095.3 you need expert advice. It is an important discussion. Church doesn't have rules on this. Privacy rules may keep the expert from giving the information. An expert was giving opinion based on the dosier of the case. This is unacceptable in society; it makes us look like a sect.
Publication of the acts - parties have the right to read everything and reply. Psychologically an important moment. They don't have to read it, but most people want to read it. There can't be pressure - but this time can be when an uncooperative party will come in, and you can ask them some questions then too. This is the only moment of defense.
Conclusion:
Pleadings of advocate and defender.
Judgment - president convenes judges and there must be moral certitude to go for annulment. They then discuss. Majority is needed to invalidate.
Publication of sentence.
All cases must be reviewed - you need to yes's to remarry. Usually it is affirmed in 8-10 weeks.
Notification of second instance.
Notification of Parish by 1st instance tribunal.
Part II: Other Acts of Divine Worship
Part II: Other Acts of Divine Worship
Navarra: Introduction: The human person is acting in history and is acted on by history in developing a personal story or biography. Human acts are not only immediately effectivem, directed to fulfillment of needs, but have cosmic consequences, moving toward personal fulfillment. This can be called the transitive (immediate), and intransitive (metaphysical/cosmic) effects of action. It is cooking supper, but it is also writing a personal biography, building a spiritual edifice. I can't be complete without an other, who is also an I to relate to and to serve. True love is for the benefit of the other, otherwise it is self-love; at the same time, true love brings the lover to fullest personal development. p. 1026
Title I: Sacramentals
Title I: Sacramentals
(Canon 1166 - 1172)
Introduction
Legal position of church, chapel, etc.
Die and leave castle to the church to build a church on the land 1970s. No need for church. Remainder to remote relatives.
Churches of religious orders can be and are being sold in Belgium, but the state owns parish churches. Jesuits sell a building which is later used for 'inappropriate' uses. You can't have perpetual conditions - dead hand, rule against perpetuity.
Canon 1166
Sacramentals are sacred signs that imitate the sacraments. Eastern code has only one canon: 1867. They are introduced by the church, no divine law. Generally spiritual goods, but blessings of cars, etc. as well.
Called also minor sacraments by Hugh of St. Victors. Sacramentum concilium says sacramentals only make sense to those with a faith perspective. Some people go for these outward signs, e.g. ash Wednesday. The term came in the 12th C. when there were 6-7 types of sacramentals. 1614 was the first official liturgical book after Trent. E.g. 18 ordinary benedictions. But not compulsory. In the beginning of the 20th century there was a distinction between goods and acts. Blessings were constitutive, eg, blessing a chalice or altar changes it to a sacred object; or invocative eg asking the grace of God, but didn't change the nature of the thing. There are requirements for validity, but what if it is invalid.
Vatican Two mandated review of sacramentals: 1) conscious, active and easy participation of the Christian faithful; 2) look at the signs of the times, perhaps new blessings can be introduced; 3) blessings reserved to bishops reduced to a minimum, even lay people can be involved; 4) they are now called holy signs - also closer to 'sacraments'; 5) local ordinary can adapt sacramentals. Review of the code didn't take these last points.
83 code simplifies the schema, reserves control to Holy See. It does not speak to the non application of rites and formulas. Distinction is made between consecration and dedication of churches. Consecration of virgins not a sacramental. The blessing has no constitutive value. New order of blessings published 1984. They are prayers, and don't expel demons.
Canon 1168 Minister The ordinary minister with proper capacity, lay people can administer some sacramentals. Some things are reserved to bishops, e.g. Canon 1207 says blessings of churches are proper to bishops. Deacons can give only the blessings accorded to him, e.g. Holy Communion during and outside Mass, bless the sick, communion calls. Forbidden to Deacons is blessing of seminary, monastery, graveyard or missionaries. What happens if he does? Lay people have right bless things in daily life, bless kids, cars, etc.
Recipients: baptized catholics, catechumens and unbaptized under circumstances (unless forbidden), divorce and remarried. Can't lead to superstition, must take them seriously.
Canon 1169
Private persons can acquire sacred goods, but can't use them for profane use unless they have lost their blessing.
Canon 1172 Exorcism
3000 exorcisms a year in Belgium at an abbey. To weaken the power of the devil or evil spirits. Invoke name of God against the evil spirits. Earlier ages found it much more important. There is a presence of the devil in scripture, and historically it was more important. Public ones occur in the name of the church according to prescribed rites. They may be minor or maior. The minor is part of other rites, e.g. baptism. Maior is covered in this canon. Jesus Mt 10:1 was taking about the devil and but he never practiced the technique in the code. Prayers, laying on of hands, ex-sufflacio (more for adults than children) - blow the devil away. Constantine was probably exorcised at baptism. Old texts don't require clerics, but from the middle of the 3C there was a specific group who were seen as clerics - functio without ordinatio. Gratian has a canon for ordination to exorcist - one of the lower ordinations in Gallican liturgy. But they seldom received permission to do an exorcism.
1917 code only allowed priests to exorcise - pietas et prudentia, and integritas vitae. It had to be one person - but not to a religious order. Only after determination that victim was actually possessed. Any priest could do preventive exorcism. Ritualae Romanum (1925, 1952). Increased scepticism - make sure it is posession and not pathology.
1983 Exorcism only with the permission of the bishop. Lower order of exorcism is abolished, but is included in a formal way in priestly ordination. 1970s and 1980s were organizing collective exorcisms under the direction of lay people. Not exorcism in the canonical sense. CDF 1985 issued document against non-canonical exorcism. Priest and lay can't co-use the formula of Leo XIII - but you could pray. 1998 - CDW On exorcisms and other temptations. new ritual for exorcism - changed formula of 1614. Long document with 38 technical norms followed by prayers; language is more administrative. Devil defined as substantive evil, the enemy of God in the world - No threatening attitude to the devil but a prayer to Christ for deliverance from darkness. Psycharists should be consulted before exorcism. Difficult cases dealt with by the bishop. Criteria: 1) speaking unknown languages; 2) understanding many strange words; 3) reveal remote or hidden things; 4) extraordinary forces; 5) outspoken negative attitude toward God, or holy images. More mania than depression. Prayer, holy water, litany, gospel, hands laid on, profession of faith, conclusion. Exorcist shows the cross and blesses the person with it. Small exorcisms more common - victims of spiritism, occult practices, etc. Praying together, imposing hands and holy water - anyone can do it. Vatican 2 wanted prompt reconsideration of the rituals. Rome just set up a course for exorcists
Title II: Liturgy of the Hours
Title II: Liturgy of the Hours
(Canon 1173 - 1175) English Latin
Canon 1173
Liturgy of the hours. - 1174 requires recitation of clerics but no sanctions. Laity encouraged, even using exerpts to make it more accessible. General Instruction on the Liturgy of the Hours
Title III: Funerals
Title III: Funerals
(Canon 1176 - 1185) English Latin
Canon 1176-1185 - Funerals - more than just burying, but includes the whole ritual - Exequiae. Canon 1240-1243 Cemeteries - governed also by secular law. Three elements of funeral: 1) reception of body after common prayer in house where they died; 2) funus - songs, or mass and/or absutus - absolutions and commendations; 3) burial. 1614 all elements canonized including the two processions. Constitution on the Litury 1963 said funerals should have a more resurrection atmosphere. This was confirmed in the 1970 Missale Romanum, which also let in more local custom. 1969 ordo exequiarum - lots of space for episcopal conferences for 'innovation'.
Canon 1176.3 Cremation not forbidden. 1000 BCE cremation was the norm; 500 BCE burial became common practice; Romans used cremation for the rich, burial for the poor; With Christianity, cremation became marginal (though it existed at the beginning); Burial of Christ, and grain falling to the earth and then rising up; Later burial was associated with resurrection of the body. 500 AD cremation disappeared. Charlemagne - punished cremation capitally. Renaissance and French Revolution gave rise to attempts at cremation; Italian Free Masons first reintroduced it 1869 - doctors also supported it for public health and civilization; New techniques made it more acceptable legally in late 1800s; 1886 Holy Office prohibited membership in associations in favor of cremation and no anointing and no church funerals if person wanted cremation; 1917 code maintained the prohibitions; 1925 interpretation said church funerals refused to those who asked for cremation, even if not done. The following year they said the revocation had to be proven and ashes couldn't be on church grounds and no prayers or ritual. Seen as part of anti-church polemic. There was never a dogma here. 1963 discipline relaxed and anti religious motives fell away. Some negative attitudes are still prohibited. Not against natural or supernatural truths, doesn't effect the soul, and doesn't prevent the resurrection of the body. But he prohibited religious services at the crematorium. Protestants never condemned it but there is some resistance. Some other documents and finally the 1983 code. All the rituals should take place in the church, before the cremation if possible, if not, omit the committal prayers. No masses and funerals with the urn in the church unless the bishop allows it (CDW). Religious rite is now allowed in crematorium. Urn can be in columbarium (no prayer is provided); spreading the ashes has not christian character. In Belgium 1970 0.3% cremation 1980 5% 1997 30% now close to 60%. 70% catholic ritual. Remains
Chapter I: Celebration
1177 Place Must be celebrated generally in the parish church (domicile or quasi-domicile) of the deceased - it may be in another place after notification of proper pastor. 3) If death outside home parish, then where the death occur, unless particular law provides otherwise. In Charlemagne the funeral could be elsewhere but money had to go to parish priest - be cause he cared for the soul of the person. 1917 code said the body should be brought to parish church - contrary customs forbidden (which show the payment was there). In the 4th century there existed the notion of a right for Christians to choose the place of funeral. If the deceased didn't speak, then the parish priest had the right. Friends or family without mandate couldn't choose. This envisions a fictional parish community where people at the funeral are from the parish and know each other. Parish church or a church in the parish.
Funeral need not be at a Mass - so need not be by a priest, however, communion service is discouraged. Homily on the deceased or on the readings - this changes over time. Can be celebrated any day of the week, except last three day of holy week. Last prayers can be done by anyone - undertakers often do it in Belgium - who sometimes even use liturgical vestments.
Canon 1178 Bishops Bishop's funeral at the cathedral unless he chooses otherwise. Diocesan bishop and emeritus.
Canon 1179 Religious Funerals of religious are generally in their proper church or oratory by superior or chaplain.
Canon 1180 Cemetary 1) Burial should be in parish cemetery if available, unless another place is chosen (as above). 2) All must choose their cemetery of burial.
Canon 1181 The Poor Follow canon 1264 on offerings; poor are not to be deprived of proper funeral rites. Bishop's conference sets down norms for stipends.
Canon 1182 Registry After burial registry is to be made. A simmilibus, after cremation.
Chapter II: Funerals Allowed or Denied
Canon 1183 Included 1) Catechumens receive same funeral rites. 2) Unbaptized children if parents intended to have them baptized. 3) If non catholic minister isn't available a baptized Christian can be allowed catholic funeral rites. Free masons (Person plotting against the church.) were excluded in 1917 code, not here.
Canon 1184 Excluded The following don't get catholic funeral rites: 1) notorious apostates, heretics and schismatics; 2) those who chose cremation for anti-christian motives; 3) manifest sinners where scandal would occur. In doubt, consult the bishop. Some would say would refuse for prostitutes and unmarried living together, suicides. Now scandal is an objective word for the church, not a subjective matter. Now refusing a funeral for suicide would be a source of scandal.
Canon 1185 Exclusion from Church funeral includes exclusion from funeral Mass.
Title IV: Saints, Images and Relics
Title IV: Saints, Images and Relics
(Canon 1186 - 1190) English Latin 5 canons left from the 14 of CIC1917. Also governed by liturgical law which is 'less important' which is easier to change. This area is also quite strongly governed by particular law.
Canon 1186 Mary Filial veneration of Blessed Mary and saints is commended. public veneration for those who are saints, but not for the beatified / venerable. Beatification / canonization is usually at a Mass of the Pope (just before gloria); till 1981 always in Rome. Motu proprio reorganized the calendar of saints. Long evolution of veneration of saints, beginning with the martyrs. The oldest story is 155 with Polycarp of Smyrna; in the beginning this was 'regulated' by the bishops or church, but was a popular moment; Bishops were automatically included. It became more formal in the 10th century. Alexander III said that veneration of those who were unworthy should stop. At this point, miracles alone weren't the criteria. In 1634 veneration of those not Beatified or Canonized was forbidden. In the code of 1917, the right to beatify or canonize is reserved to the Holy See - the local bishops can assist in the investigation. In the 1983 code, this was covered in a separate document published the same day as the code, and has two steps, beatification and canonization Divinis perfectionis magister. The bishop can only begin after the green light by the Holy See. Postulator is the protagonist, collects information, examines witnesses, writings, miracles. Two copies of all the materials are sent to Rome with the advice of theological censors. The bishop can suspend the investigation if nessary, with the reasons. This is examined, then a promoter of justice to further investigate. The bishop has to declare that there is not public veneration. Translation if not in English, Spanish, French or Italian - so there is a financial burden. The congregation for the Causes of Saints who examine and further investigate. First the experts, then the theologians.
Miracles and canonization have long been connected - advocacy with God for the healings, etc. Before the Middle Ages, miracles weren't considered, it was vox populi. 1917 code required 4 miracles total, but there was an exception for martyrs, also prophecy of martyrs; and pope could dispense. Before the code, Molinari said miracles weren't important - heroic holiness is miracle enough, others advocated them. The examination of miracles is discussed, but the requirement is not stated; but the interior process document says one for beatification and one for canonization. Since 1984 there is a school in Rome that teaches the process. There had been about 100 a year till the 20th century. Then they moved to about 1 per year; then John Paul II with hundreds of canonizations.
Canon 1187 Cult Only saints or blesseds can be venerated by public cult.
Canon 1188 Images Sacred images can be displayed but in moderate numbers and suitable fashion so not to disturb the christian people. Sometimes in Christian history, images were discouraged or prohibited, in opposition to pagan practice. Nicea 2 in 787 made a distinction between adoration of God and veneration of the saints. 870 4th Constantinople. Wycliff also opposed images. Trent polarized the issue of sacred images, and they required images and their veneration and granted indulgences. Summer 1566 starting in Hondschotte - started the destruction of images; this went across Flanders. The balance now is to give centrality of Christ, and they are not the central part of the liturgy.
Canon 1189 Restoration Restoration of precious images requires written permission of the Ordinary who should consult experts.
Canon 1190 Sale 1) It is 'absolutely wrong' to sell sacred relics. 2) Distinguished relics can't be alienated without permission of the Apostolic See. 3) This also applies to popularly venerated images. Seminarians should know the religious art treasures of the diocese.
Title V: Vows and Oaths
Title V: Vows and Oaths
(Canon 1191 - 1204)
Chapter I: Vows
English Latin Regula Juris 1298 - No one is obliged to the impossible. The section was in the prior code -1321 and this is basically the same, however, there is one innovation: 1200.2 that an oath by deceit, force or grave fear is invalid de jure.
Canon 1191 1) Vow is a deliberate free promise to God concerning something good and possible - virtue of religion requires its fulfillment. 2) Unless prohibited by law, all can make a vow. 3) Grave or unjust fear or deceit invalidates vows. It should be possible, a good and not something already obliged. Contract with God, so you need the liberty required to contract. Some vows require a higher degree of consciousness and freedom than others. Canon 97 under 7 can't make a vow, also 11 the code only applies to those over the age of 7. E.g. 18 years for temporary profession, 21 years for final profession, Canon 656, 658. Invalidating fear should be external, not just a doubt. There should be a causal link between the fear and the vow. Ignorance and error are not mentioned, but Canon 126 says error invalidates an act. Examples, religious vows, deaconate vow of chastity.
Canon 1192 1) Public vow is accepted by lawful Superior in the name of the Church - otherwise it is private. 2) Vows are solemn if so recognized by the church - otherwise simple; in the 1917 code, contravention of solemn vows is invalid, of simple vows is illicit. 3) A personal vow promises an action; a real vow promises a thing, e.g. money, mixed if both. 'Jurisdiction' is not required to receive vows; they just officialize it without placing an act. The vow is coram deo; coram ecclesiam - before God may be private - but coram ecclesiam is a public vow.
Canon 1193 Obligation A vow obliges only the one that makes it. In the 1917 code, 1310.2 a material vow could bind successors.
Canon 1194 Vow ceases Ceases by laps of time; substantial change in matter promised; cessation of condition or purpose; dispensation; or by commutation.
Canon 1195 Person with power over vow can suspend the obligation if fulfillment would affect the person adversely.
Canon 1196 Dispensation Pope, bishop, religious superior and those whom they delegate can dispense private vows.
Canon 1197 Commutation The person who made the vow can change to something equal or greater. The dispensing authorities can commute.
Canon 1198 Religious Profession Religious profession suspends prior vows. 1917 Code had irritatio 1312 - an annulment of the vow, commanded by one with dominative power is invalidated when the person looses dominative power.
Chapter II: Oaths
Canon 1199 Defined An oath is an invocation of God to witness to the truth of the matter. It can also be an oath of fidelity. It cannot be taken by a proxy. Oath that you are baptized in Canon 876. Oath of loyalty or fidelity - e.g. the one required in Canons 380, 471 the promise is a manner of vow. Canon 1368 - provides just punishment for perjury. It excludes lies, but the code doesn't mention full truth. What isn't in the oath isn't promised. Oath should not be used in passing, but in veritate, judicio and justicia. cf. Jeremiah. Swearing on the gospel is customary.
Canon 1200 Promissory Oath An oath to do something. It is not valid if extorted by deceit, force or grave fear. If you swear secrecy, and the secret is revealed, then you are no longer bound.
Canon 1201 1) Oath of the bishop 2) Oath of good administration 1283.1; 3) Oath of Judges 1454, 1455; 4) Oath of parties in a trial 1532 witnesses 1563 translators; baptism 876, confirmation 894; in danger of death, you can swear you are free to marry; Ad tuendem fidem - Starting with the professio fidei 1998, the oath of fidelity to be sworn by all 833. 5-8. There is an addition to 750.2 and a punishment, 1371.2. This protects non-revealed truths, but related philosophically or historically. Retired infallible truths, or truths second class (Ferme). It is a much tighter control issue. These are not elements for validity - e.g. teaching invalidly. This could be extended, but it would have to be in particular law.
Canon 1202 Cessation
Part III: Sacred Places and Times
Part III: Sacred Places and Times
Title I: Sacred Places
Title I: Sacred Places
English Latin (Canon 1205 - 1243)
Canon 1205 Definition Sacred places are those for divine worship or burial by a dedication or blessing. In the beginning, there were no sacred places, but people worshiped in private homes. In the second century, there developed a richer group of Christians who handed over spaces to be dedicated principally for rituals. In the third century, buildings were dedicated exclusively to churches, Domus Dei - Diocletian ordered their destruction. Also profane buildings were converted to religious purposes, e.g. Pantheon, after 313. Martyrs relics were introduced into altars. At the same time private oratories were introduced in houses of the rich and powerful. At this point there came legislation on the use of sacred spaces. The names of churches were 'ecclesia' - which means gathering. Slowly the term moved from the gathering of the people, to the place where they gathered - even in the early fathers like Cyprian. Dominicum was also used - the House of the Lord. Kuriacom - from the Greek goes to kerk. Basilica was originally a court building, after 313, it was used for Christian churches with martyrs - also due to the importance and size of the building. Templum (also Synagogue) were not used in the first three centuries by Christians for their churches because of confusion with the Jews. Oratorium (Chapel) was a place of prayer, but the meaning was restricted to private chapels. Capella (7th Century) from the St. Martin of Tours' cappa; in the 12th Century, this was applied to any non-parish place of worship. Sanctuarium is a place for holy things; originally it was the holiest place of the church; now it is a place of pilgrimage. Currently: temple is a generally for holy places, church large, chapel small, oratorio room in a building. In the 1917 code there were only Churches for all, and oratories for sertain groups: public (religious communities, hospitals, open to all christian faithful, etc.), semi-public like public, but not open to public, and private in a home for just the residents. Now we have church, oratoria, private oratory and sanctuary. Duridical elements: The holy place and the blessing. Directly from Roman Law. Exsacration is the withdrawing of blessing. Dedication is forever, Benediction is temporary.
Canon 1206 Minister Diocesan bishop or equivalent can dedicate - that can delegate, even to a priest. Only in their territory. Diocesan Administrator can do it too.
Canon 1207 Blessing Blessing of sacred places is for the ordinary, but diocesan bishop is required for a church. This also depends on liturgical norms - e.g. for a church there must be an altar.
Canon 1208 Record A record should be made and one copy in the church and one in the diocese. Perhaps it would be better in the place for which it was dedicated, e.g. religious order.
Canon 1209 Proof Proof can be by one witness who is above suspicion if no harm comes. It restricts the rights to use the place for other purposes. Also 1376 may make the profaner a subject to penalty. In that case there may be harm..
Canon 1210 Non Profane Acts The sacred place is only for worship, piety and religion, or things in harmony with the holiness of the place. Ordinary can permit in individual cases - theoretically each time. What about receptions after mass? Originally the rule was for commercial or political activities.
Canon 1211 Violation Sacred places are violated by acts gravely injurious and give scandal to the faithful. This can't be used for worship till the harm is repaired by penitential rite prescribed for this. The old code had specific norms (murder, injustice with noticeable bloodshed, impure or disrespectful actions, funeral of a nonbeliever or excommunicate if sure, proven, public, in the church), but now it's up to the ordinary. Elements are: 1) grave, injurious act; 2) scandal; 3) perpetrated in the sacred place.
Canon 1212 Exsacration Sacred places lose their dedication or blessing when they are 1) in large measure destroyed; or 2) made over to secular usage, either be decree or in fact. Renovation doesn't do this as long as the new structure isn't double or more than the old. Oratories and chapels are to be blessed (c. 1229). Once an oratory or chapel has been blessed, it is appropriate that it be relegated to profane use by decree of the competent authority. The decree relegating the sacred space should express the reasons for the relegation (c. 51). The decree should make mention of any restrictions on the future use of the sacred space. The relegation of a dedicated or blessed altar is a separate act (c. 1238 §2). The decree may make mention of the care of any other objects that have been blessed or used in the celebration of divine worship. These should be treated with respect in accord with their sacred character.
Canon 1213 Power Ecclesiastical authority is freely exercised in sacred places. Societas perfecta - could be a basis of succession. Some concordats give immunity for this.
Chapter I: Churches
Canon 1214 Definition Church is a sacred building to which the faithful have access for public worship. Must have a fixed altar dedicated at the same time. Churches aren't juridic persons per se. C: Commenators say this applies also to change from chapel, oratory or closed church.
Types of churches today: 1) Basilica (privilegium real) special designation by Rome - they have to display the emblem of the pope and holy see. 4 in Rome: John Lateran, Peter, Paul Outside the Wall, Mary Major. (Patriarchal basilicas - because of historical link to 4 partriarchs - constantinople, alexandria, rome). 1899 Pius X made two more in Assisi. They have a holy door, and papal throne and papal altar. 2) Cathedral - where diocesan bishop takes possession of his diocese. 3) Quasi cathedral - for a prefecture or vicariate. 4) Chapter church for a college of priests. 5) Parish Churches. 6) Auxiliary church. 7) Conventual or regular churches of religious orders. The cornerstone is specially blessed and a wooden cross is planted where the altar will be.
Canon 1215 Building Churches §1. One must have the permission of the bishop to build a church. §2. The bishop must consult council priests, neighboring rectors, etc. §3. Religious have to have special permission for a church, in addition to the permission for the house. But see Canon 608.
Canon 1216 Experts The building and restoration requires experts and should follow principles and norms of liturgy and sacred art. Sacrosanctum Concilium
Canon 1217 Dedication 1) After completion, the church should be dedicated as soon as possible in any case before worship. It can be blessed and used till it is ready. 2) Dedication should be by solemn rite. Dedication with bishop and priests and organized so many people can be present, but can't be in holy week, Christmas, Epiphany, Ascension, All Saints, Ash Wednesday. Churches don't have legal personality, but they can obtain it.
Canon 1218 Title Church should have a title and it can't be changed. Parish priest and people, but approved by bishop and Rome. If it looses its dedication you could rename.
Canon 1219 All Worship. All acts of divine worship can be in a blessed or dedicated church, without prejudice to parochial rights. Parochial rights would be marriages, etc. Trent said Christian faithful not obliged to own church on sundays and holiday - just recommended, but they have to do marriages there.
Canon 1220 Maintenance. §1 Ensure cleanliness and ornamentation of the church. Discordant elements should be excluded. §2 Security should be employed to safeguard sacred and precious goods.
Canon 1221 Free of Charge. Entry to a church at the hours of sacred functions is to be open and free of charge. To pew tax.
Canon 1222 Unused Church §1 Unusable church can be used for some secular but not unbecoming purpose. §2 Unused church be used for a secular but not unbecoming purpose after consulting presbyteral council; and consent of those with rights and souls not harmed. See norms on disposition of church goods. See also 05/11/87 Letter of Cong. for Divine Worship.
Abolished from Previous Code had legal status of bells in 1169 - no profane use except emergency - e.g. fire alarm; also many types of bells. Assylum doesn't exist any more - from the early middle ages, ended by 11-1200s. Criminal could come and couldn't be taken out without permission of the rector. It was in the 1917 code without sanctions, and not recognized by the state. Place is sacred, not the people and there is a sense of awe, of protection. Even from the ancient greeks. Bishop mediates between criminal and state. He could be supported and no one could urge him to leave except church authorities, only with no possibility of death penalty. Robbers and murderers and converted Jews couldn't use it. Legal nature of assylum 1) natural law; 2) divine positive law - mosaic law (decency) - but this is supplanted by New Testament; 3) regulist - (from van espen +1728 most famous canon lawyer and nearly jansenism) - originated in civil law - but this was condemned by Pius IX in syllabus of errors saying state doesn't have jurisdiction; 4) based on both legal system - spiritual power protects, civil power protects security; 5) general principle of immunity, like embassy. It seems to be emerging again as a custom praeter legem - the bishops are acquiescent. It was considered in a 1983 draft and left aside.
Chapter II: Oratories and Private Chapels
Canon 1223 Oratory. An oratory is a place which, by permission of the Ordinary, is set aside for divine worship, for the convenience of some community who have access, other can enter with the consent of the competent Superior.
Canon 1224 Permission §1 The Ordinary should inspect the place destined for the oratory that it to be becomingly arranged before permission to have an oratory. §2 It cannot be converted to a secular usage without the authority of the same Ordinary.
Canon 1225 Celebrations. All celebrations lawful in an oratory, unless excluded by the local Ordinary, or by liturgical laws.
Canon 1226 Private Chapel. Private chapel is set aside for divine worship, for the convenience of one or more individuals with permission of the Ordinary. Not for a group.
Canon 1227 Bishops Chapel. Bishops can set up for their own use a private chapel which enjoys the same rights as an oratory. (Privilege which became a right.)
Canon 1228 Mass. Without prejudice to the provision of Canon 1227, the permission of the local Ordinary is required for Mass and other liturgies in private chapels.
Canon 1229 Blessing. Oratories and private chapels should be blessed and reserved for divine worship.
Chapter III: Shrines
English Latin Not present in the 1917 code. Congregation for Seminaries and Universities defined shrine. For veneration of saints, statues and relics, miracles and apparitions, historical role.
Canon 1230 Shrine. A shrine is a church or sacred place which, with the approval of the local Ordinary, is frequented by the faithful as pilgrims.
Canon 1231 For a shrine to be described as national, the approval of the Episcopal Conference is necessary. For it to be described as international, the approval of the Holy See is required.
Canon 1232 Approval. §1 The local Ordinary is competent to approve the statutes of a diocesan shrine; the Episcopal Conference, those of a national shrine; the Holy See alone, those of an international shrine. §2 The statutes of a shrine are to determine principally its purpose, the authority of the rector, and the ownership and administration of its property.
Canon 1233 Privileges. Certain privileges may be granted to shrines when the local circumstances, the number of pilgrims and especially the good of the faithful would seem to make this advisable.
Canon 1234 Devotions. §1 At shrines the means of salvation are to be more abundantly made available to the faithful. §2 In shrines or in places adjacent to them, votive offerings of popular art and devotion are to be displayed and carefully safeguarded.
Chapter IV: Altars
English Latin More of this in liturgical law.
Canon 1235 Altar. §1 The altar or table on which the eucharistic Sacrifice is celebrated is fixed or moveable. §2 It is proper that in every church there should be a fixed altar. In other places which are intended for the celebration of sacred functions, the altar may be either fixed or movable.
Canon 1236 Fixed §1 A fixed altar is to be of a single stone or some other worthy and solid material may be used. The support or the base can be made from any material. §2 A movable altar can be made of any solid material which is suitable for liturgical use.
Canon 1237 Dedication §1 Fixed altars are to be dedicated, movable ones either dedicated or blessed, according to the rites prescribed in the liturgical books. §2 The ancient tradition of placing relics of Martyrs or of other Saints within a fixed altar is to be retained, in accordance with the rites prescribed in the liturgical books.
Canon 1238 Loss of Dedication §1 An altar loses its dedication or blessing in accordance with Can. 1212. §2 Altars, whether fixed or movable, do not lose their dedication or blessing as a result of a church or other sacred place being made over to secular usage.
Canon 1239 Sacred Use §1 An altar, whether fixed or movable, is to be reserved for divine worship alone, to the exclusion of any secular usage. §2 No corpse is to be buried beneath an altar; otherwise, it is not lawful to celebrate Mass at that altar.
Chapter V: Cemeteries
Canon 1240 Church Cemeteries §1 Where possible, the Church is to have its own cemeteries, or at least an area in public cemeteries which is duly blessed and reserved for the deceased faithful. §2 If, however, this is not possible, then individual graves are to be blessed in due form on each occasion.
Canon 1241 Parish §1 Parishes and religious institutes may each have their own cemetery. §2 Other juridical persons or families may each have their own special cemetery or burial place which, if the local Ordinary judges accordingly, is to be blessed.
Canon 1242 Churches Bodies are not to be buried in churches, unless it is a question of the Roman Pontiff or of Cardinals or, in their proper Churches, of diocesan Bishops even retired.
Canon 1243 Management Appropriate norms are to be enacted by particular law for the management of cemeteries, especially in what concerns the protection and the fostering of their sacred character.
Title II: Sacred Times
Title II: Sacred Times
Mention of holy times Apoc 1:10. Developed to: common meeting, vespers, matins, public mass and rest; meeting most important. Later public mass became more important - because mendicants let people into the mass. Trent put the obligation back in the territorial parish church - 22nd session discussed mass, but no regulations. Canisius and Bellarmine stressed mass and rest. First established universally in 1917 code and continued in this code.
Canon 1244 Establishment §1 Only pope can establish, transfer or suppress universal holydays or days of penance (see Canon 1246 §2). §2 Diocesan Bishops can proclaim special holydays or days of penance for their own dioceses.
Canon 1245 Dispensation Priest or pontifical clerical reigious superior can dispense or commute.
Chapter I: Feast Days
Canon 1246 Feast Days. §1 The Lord’s Day, on which the paschal mystery is celebrated, is by apostolic tradition to be observed in the universal Church as the primary holyday of obligation. Also: Christmas, Epiphany, Ascension, Corpus Christi, Mary the Mother of God, Immaculate Conception, Assumption, St Joseph, SS Peter and Paul, and All Saints. §2 However, the Episcopal Conference may suppress or transfer.
Canon 1247 Sundays. On Sundays and other holydays of obligation, the faithful are obliged to assist at Mass. They are also to abstain from such work or business that would inhibit the worship to be given to God, the joy proper to the Lord’s Day, or the due relaxation of mind and body.
Canon 1248 Obligation.
The obligation of participating at Mass is satisfied by one who assists in a catholic rite either on a holyday itself or on the evening of the previous day.
SWAP: recommended liturgy of the Word, or private or family prayer. T: how impossible is the Mass and how does it affect the obligation. Divine Worship issued Christi Ecclesia '88 for SWAP. Ecclesiae De Misterio '97. 1) Bishop's with priest council permission for regular SWAP. Danger!! 2) Forbidden if Eucharist is available, even in a different language. Also, can't have two alternatiave services in the same place / day. 3) The bishop must explain reasons and try to get Eucharist there. 4) Liturgy of the Word with distribution of Communion. 5) First choice presider: deacon, acolytes and lectors, lay people.
Chapter II: Days of Penance
Canon 1249 Days of Penance. All Christ’s faithful obliged to do penance. Days of penance are prescribed. Prayer, charity, penance and fast and abstinence. Abstinence from early on was meat. In the first christian centuries it was Wednesday, Friday and Saturday.
Canon 1250 Fridays. Fridays and all of Lent are days of penance.
Canon 1251 Abstinence Abstinence from meat, or from some other food, on Fridays unless a solemnity, also Ash Wednesday.
Canon 1252 Those Bound. Abstinence binds those who have completed their fourteenth year; Fasting binds those 18-60. Pastors and parents are to teach children the meaning of penance. Poenitemini '66
Canon 1253 Substitution. The Episcopal Conference can determine ways of fasting and abstinence to be observed or substitute in whole or in part. T: simplicity, moderate expenditure, reconciliation, decrease alcohol and tobacco. Also in contemporary society it is harder to choose sometimes, when you eat on the run, on the plane or at meetings.
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