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Canon Law
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Canon Law
General notions and divisions
Canon law is the body of laws and regulations made by or adopted by ecclesiastical authority, for the
government of the Christian organization and its members. The word adopted is here used to point out the
fact that there arecertain elements in canon law borrowed by the Church from civil law or from the
writings of private individuals, who as such had no authority in ecclesiastical society. Canon is derived
from the Greek kanon, i.e. a rule or practical direction (not to speak of the other meanings of the word,
such as list or catalogue), a term which soon acquired an exclusively ecclesiastical signification. In the
fourth century it was applied to the ordinances of the councils, and thus contrasted with the Greek
word nomoi, the ordinances of the civil authorities; the compound word "Nomocanon" was given to
those collections of
regulations
in
which
the laws formulated
by
the
two authorities on ecclesiasticalmatters were to be found side by side. At an early period we meet with
expressions referring to the body ofecclesiastical legislation then in process of formation: canones, ordo
canonicus, sanctio canonica; but the expression "canon law" (jus canonicum) becomes current only about
the beginning of the twelfth century, being used in contrast with the "civil law" (jus civile), and later we
have the "Corpus juris canonici", as we have the "Corpus juris Civilis". Canon law is also called
"ecclesiastical law" (jus ecclesiasticum); however, strictly speaking, there is a slight difference of
meaning between the two expressions: canon law denotes in particular the law of the "Corpus Juris",
including the regulations borrowed from Roman law; whereas ecclesiastical law refers to all laws made
by theecclesiastical authorities as such, including those made after the compiling of the "Corpus
Juris". Contrasted with the imperial or Caesarian law (jus caesareum), canon law is sometimes
styled pontifical law (jus pontificium), often also it is termed sacred law (jus sacrum), and sometimes
even Divine law (jus divinum: c. 2, De privil.), as it concernsholy things, and has for its object the
wellbeing of souls in the society divinely established by Jesus Christ.
Canon law may be divided into various branches, according to the points of view from which it is
considered:
•
•
If we consider its sources, it comprises Divine law, including natural law, based on the nature of
things and on the constitution given by Jesus Christ to His Church; and human or positive law,
formulated by the legislator, in conformity with the Divine law. We shall return to this later,
when treating of the sources of canon law.
If we consider the form in which it is found, we have the written law (jus scriptum) comprising
the lawspromulgated by the competent authorities, and the unwritten law (jus non scripture), or
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•
•
•
•
•
even customary law, resulting from practice and custom; the latter however became less
important as the written law developed.
If we consider the subject matter of the law, we have the public law (jus publicum) and
private law (jus privatum). This division is explained in two different ways by the
different schools of writers: for most of the adherents of the Roman school, e.g. Cavagnis (Instit.
jur. publ. eccl., Rome, 1906, I, 8), public law is the law of the Church as a perfect society, and
even as a perfect society such as it has been established by its Divine founder: private law would
therefore embrace all the regulations of the ecclesiastical authorities concerning the internal
organization of that society, the functions of its ministers, the rights and duties of its members.
Thus understood, the public ecclesiastical law would be derived almost exclusively from Divine
and natural law. On the other hand, most of the adherents of the German school, following
the idea of the Roman law (Inst., I, i, 4; "Publicum jus est quad ad statuary rei Romanae
spectat: privatum quad
ad
privatorum
utilitatem"), define publiclaw as
the
body
of laws determining the rights and duties of those invested with ecclesiastical authority, whereas
for them private law is that which sets forth the rights and duties of individuals as such.
Public lawwould, therefore, directly intend the welfare of society as such, and indirectly that of its
members; while privatelaw would look primarily to the wellbeing of the individual and
secondarily to that of the community.
Public law is divided into external law (jus externum) and internal law (jus internum).
External law determines
the relations of ecclesiastical society with
other societies.
either secular bodies (the relations therefore of the Church and the State) or religious bodies, that
is, interconfessional relations. Internal law is concerned with the constitution of the Church and
the relations subsisting between the lawfully constituted authorities and their subjects.
Considered from the point of view of its expression, canon law may be divided into several
branches, so closely allied, that the terms used to designate them are often employed
law and
speciallaw; universal law and
particular law;
almost indifferently: common
general law and singular law (jus commune et speciale; jus universale et particulare; jus generale
et singulare). It is easy to point out the difference between them: the idea is that of a wider or a
more limited scope; to be more precise, common law refers to things, universal law to territories,
general law to persons; so regulations affecting only certain things, certain territories, certain
classes ofpersons, being a restriction or an addition, constitute special, particular, or singular law,
and even local orindividual law. This exceptional law is often referred to as
a privilege (privilegium, lex privata), though the expression is applied more usually to
concessions made to an individual. The common law, therefore, is that which is to be observed
with regard to a certain matter, unless the legislator has foreseen or granted exceptions; for
instance, the laws regulating benefices contain special provisions for benefices subject to
theright of patronage. Universal law is that which is promulgated for the whole Church; but
different countries and different dioceses may have local laws limiting the application of the
former and even derogating from it. Finally, different classes of persons,
the clergy, religious orders, etc., have their own laws which are superadded to the general law.
We have to distinguish between the law of the Western or Latin Church, and the law of
the Eastern Churches, and of each of them. Likewise, between the law of the Catholic Church and
those of the non-Catholic Christian Churches or confessions, the Anglican Church and the
various Eastern Orthodox Churches.
Finally, if we look to the history or chronological evolution of canon law, we find three epochs:
from the beginning to the "Decretum" of Gratian exclusively; from Gratian to the Council of
Trent; from the Council of Trent to our day. The law of these three periods is referred to
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respectively as the ancient, the new, and the recent law (jus antiquum, novum, novissimum),
though some writers prefer to speak of the ancient law, the lawof the Middle Ages, and the
modern law (Laurentius, "Instit.", n.4).
Canon law as a science
As we shall see in treating of the gradual development of the material of canon law (see below, IV),
though a legislative power has always existed in the Church, and though it has always been exercised, a
long period hadnecessarily to elapse before the laws were reduced to a harmonious systematic body,
serving as a basis for methodical study and giving rise to general theories. In the first place, the legislative
authority makes laws only when circumstances require them and in accordance with a definite plan. For
centuries, nothing more was done than to collect successively the canons of councils, ancient and recent,
the letters of popes, and episcopal statutes; guidance was sought for in these, when analogous cases
occurred, but no one thought of extracting general principles from them or of systematizing all
the laws then in force. In the eleventh century certain collections group under the same headings
the canons that treat of the same matters; however, it is only in the middle of the twelfth century that we
meet in the "Decretum" of Gratian the first really scientific treatise on canon law. The School
ofBologna had just revived the study of Roman law; Gratian sought to inaugurate a similar study of canon
law. But, while compilations of texts and official collections were available for Roman law, or "Corpus
juris civilis", Gratian had no such assistance. He therefore adopted the plan of inserting the texts in the
body of his general treatise; from the disordered mass of canons collected from the earliest days, he
selected not only the law actually in force (eliminating the regulations which had fallen into desuetude, or
which were revoked, or not of general application) but also the principles; he elaborated a system
of law which, however incomplete, was nevertheless methodical. Thescience of canon law, i.e. the
methodical and coordinated knowledge of ecclesiastical law, was at length established.
Gratian's "Decretum" was a wonderful work; welcomed, taught and glossed by the decretists
at Bologna and later in the other schools and universities, it was for a long time the textbook of canon
law. However his plan was defective and confusing, and, after the day of the glosses and the strictly
literal commentaries, it was abandoned in favour of the method adopted by Bernard of Pavia in his
"Breviarium" and by St. Raymund of Pennafort in the official collection of the "Decretals" of Gregory
IX, promulgated in 1234 (see CORPUS JURIS CANONICI). These collections, which did not include the
texts used by Gratian, grouped the materials into five books, each divided into "titles", and under each
title the decretals or fragments of decretals were grouped in chronological order. The five books, the
subject matter of which is recalled by the well-known verse: "judex, judicium, clerus, connubia, crimen"
(i.e. judge,judgment, clergy, marriages, crime), did not display a very logical plan; not to speak
of certain titles that were more or less out of place. They treated successively of the depositaries of
authority, procedure, the clergy and the things pertaining to them, marriage, crimes and penalties. In spite
of its defects, the system had at least the merit of being official; not only was it adopted in the
latter collections, but it served as the basis for almost all canonicalworks up to the sixteenth century, and
even to our day, especially in the universities, each of which had a faculty ofcanon law.
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However, the method of studying and teaching gradually developed: if the early decretalists made use of
the elementary plan of the gloss and literal commentary, their successors in composing their treatises were
more independent of the text; they commented on the titles, not on the chapters or the words; often they
followed the titles or chapters only nominally and artificially. In the sixteenth century they tried to apply,
not to the officialcollections, but in their lectures on canon law the method and division of the "Institutes"
of Justinian: persons, things, actions or procedure, crimes, and penalties (Institutes, I, ii, 12). This plan,
popularized by the "Institutiones juris canonici" of Lancellotti (1563), has been followed since by most of
the canonist authors of "Institutiones" or manuals, though there has been considerable divergence in the
subdivisions; most of the more extensive works, however, preserved the order of the "Decretals". This
was also followed in the 1917 code. In later times many textbooks, especially in Germany, began
to adopt original plans. In the sixteenth century too, the study of canon lawwas developed and improved
like that of other sciences, by the critical spirit of the age: doubtful texts were rejected and the raison
d'être and tendency or intention of later laws traced back to the customs of former days. Canon lawwas
more studied and better understood; writings multiplied, some of an historical nature, others practical,
according to the inclination of the authors. In the universities and seminaries, it became a special study,
though as might be expected, not always held in equal esteem. It may be noted too that the study of civil
law is now frequently separated from that of canon law, a result of the changes that have come
over society. On the other hand, in too many seminaries the teaching of ecclesiastical law is not
sufficiently distinguished from that of moral theology. The publication of the new general code of canon
law will certainly bring about a more normal state of affairs.
The first object of the science of canon law is to fix the laws that are in force. This is not difficult when
one has exact and recent texts, drawn up as abstract laws e.g. most of the texts since the Council of Trent,
and as will be the case for all canon law when the new code is published. But it was not so in the Middle
Ages; it was thecanonists who, to a large extent, formulated the law by extracting it from the accumulated
mass of texts or by generalizing from the individual decisions in the early collections of decretals. When
the law in force is known it must be explained, and this second object of the science of canon law is still
unchanged. It consists in showing thetrue sense, the reason, the extension and application of each law and
each institution. This necessitates a careful and exact application of the triple method of
exposition, historical, philosophical, and practical: the first explains thelaw in accordance with its source
and the evolution of customs; the second explains its principles; the last shows how it is to be applied at
present. This practical application is the object of jurisprudence, which collects, coordinates and utilizes,
for more or less analogous cases, the decisions of the competent tribunal. From this we may learn the
position of canon law in the hierarchy of sciences. It is a judicial science, differing from
the science ofRoman law and of civil law inasmuch as it treats of the laws of an other society; but as
this society is of the spiritualorder and in a certain sense supernatural, canon law belongs also to
the sacred sciences. In this category it comes after theology, which studies and explains in accordance
with revelation, the truths to be believed; it is supported bytheology, but in its turn it formulates the
practical rules toward which theology tends, and so it has been called "theologia practica", "theologia
rectrix". In as far as it is practical the science of canon law is closely related to moral theology; however,
it differs from the latter which is not directly concerned with the acts prescribed or forbidden by the
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external law, but only with the rectitude of human acts in the light of the last end of man, whereas, canon
lawtreats of the external laws relating to the good order of society rather than the workings of
the individual conscience.Juridical, historical, and above all theological sciences are most useful for the
comprehensive study of canon law.
Sources of canon law
This expression has a twofold meaning; it may refer to the sources from which the laws come and which
give the latter their judicial force (fortes juris essendi); or it may refer to the sources where canon law is
to be found (fortes juris cognoscendi), i.e. the laws themselves such as they occur in the texts and
various codes. These sources are also called the material and the formal sources of canon law. We shall
consider first the sources under the former aspect.
The ultimate source of canon law is God, Whose will is manifested either by the very nature of things
(natural Divine law), or by Revelation (positive Divine law). Both are contained in the Scriptures and
in Tradition. Positive Divine lawcannot contradict natural law; it rather confirms it and renders it more
definite. The Church accepts and considers both as sovereign binding laws which it can interpret but can
not modify; however, it does not discover natural lawby philosophic speculation; it receives it, with
positive Divine law, from God through His inspired Books, though this does not imply a confusion of the
two kinds of Divine law. Of the Old Law the Church has preserved in addition to
the Decalogue some precepts closely allied to natural law, e.g. certain matrimonial impediments; as to the
otherlaws given by God to His chosen people, it considers them to have been ritual and declares them
abrogated by Jesus Christ. Or rather, Jesus Christ, the Lawgiver of the spiritual society founded by Him
(Con. Trid., Sess. VI, "De justif.", can. I), has replaced them by the fundamental laws which He gave
His Church. This Christian Divine law, if we may so call it, is found in the Gospels, in
the Apostolic writings, in the living Tradition, which transmits laws as well asdogmas. On this
positive Divine law depend the essential principles of the Church's constitution, the primacy,
theepiscopacy, the essential elements of Divine worship and the Sacraments, the indissolubility
of marriage, etc.
Again, to attain its sublime end, the Church, endowed by its Founder with legislative power,
makes laws in conformity with natural and Divine law. The sources or authors of this
positive ecclesiastical law are essentially theepiscopate and its head, the pope, the successors of
the Apostolic College and its divinely appointed head, SaintPeter. They are, properly speaking, the active
sources of canon law. Their activity is exercised in its most solemnform by the ecumenical councils,
where the episcopate united with its head, and convoked and presided over by him, with him defines its
teaching and makes the laws that bind the whole Church. The canons of the Ecumenical councils,
especially those of Trent, hold an exceptional place in ecclesiastical law. But, without infringing on the
ordinary power of the bishops, the pope, as head of the episcopate, possesses in himself the same powers
as the episcopateunited with him. It is true that the disciplinary and legislative power of the popes has not
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always, in the course of centuries, been exercised in the same manner and to the same extent, but in
proportion as the administration became centralized, their direct intervention in legislation became more
and more marked; and so the sovereign pontiff is the most fruitful source of canon law; he can abrogate
the laws made by his predecessors or by Ecumenicalcouncils; he can legislate for the whole church or for
a part thereof, a country or a given body of individuals; if he ismorally bound to take advice and to follow
the dictates of prudence, he is not legally obliged to obtain the consentof any other person or persons, or
to observe any particular form; his power is limited only by Divine law, natural and
positive, dogmatic and moral. Furthermore, he is, so to say, the living law, for he is considered as having
all law in the treasury of his heart ("in scrinio pectoris"; Boniface VIII. c. i, "De Constit." in VI). From the
earliest ages the letters of the Roman pontiffs constitute, with the canons of the councils, the principal
element of canon law, not only of the Roman Church and its immediate dependencies. but of
all Christendom; they are everywhere relied upon and collected, and the ancient canonical compilations
contain a large number of these precious "decretals" (decreta, statuta, epistolae decretales, and epistolae
synodicae). Later, the pontifical laws are promulgated more usually as constitutions, Apostolic Letters,
the latter being classified as Bulls or Briefs, according to their external form, or even as spontaneous acts,
"Motu proprio". Moreover, the legislative and disciplinary power of the pope not being an
incommunicable privilege, the laws and regulations made in his name and with his approbation possess
his authority: in fact, though most of the regulations made by the Congregations of the cardinals and
other organs of the Curia are incorporated in the Apostolic Letters, yet the custom exists and is becoming
more general for legislation to be made by mere decrees of the Congregations, with the papal approval.
These are the "Acts of the Holy See" (Acta Sancte Sedis), and their object or purpose permitting, are
real laws (see ROMAN CURIA).
Next to the pope, the bishops united in local councils, and each of them individually, are sources
of law for their common or particular territory; canons of national or provincial councils,
and diocesan statutes, constitute local law. Numerous texts of such origin are found in the
ancient canonical collections. At the present day and for a long time past, the law has laid down clearly
the powers of local councils and of bishops; if their decrees should interfere with the common law they
have no authority save in virtue of pontifical approbation. It is well known that diocesanstatutes are not
referred to the sovereign pontiff, whereas the decrees of provincial councils are submitted
forexamination and approval to the Holy See (Const. "Immensa" of Sixtus V, 22 Jan., 1587). We may
liken to bishops in this matter various bodies that have the right of governing themselves and thus enjoy
a certain autonomy;
such
areprelates with
territorial jurisdiction, religious orders,
some
exempt chapters and universities, etc. The concessions granted to them are generally subject to
a certain measure of control.
Other sources of law are rather impersonal in their nature, chief among them being custom or
the unwritten law. Incanon law custom has become almost like a legislator; not in the sense that the
people are made their own lawgiver, but a practice followed by the greater part of the community, and
which is reasonable and fulfills the legalrequirements for prescription and is observed as obligatory,
acquires the force of law by at least the tacit consent of the legislator. Under such
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circumstances custom can create or rescind a legal obligation, derogate from a law, interpret it, etc. But it
must be remarked that in our days, owing to the fully developed body of written law, customplays a much
less important part than did the practices and habits of early Christian times, when there was but little
written law and even that seldom of wide application. The civil law of different nations, and especially
the Roman law, may be numbered among the accessory sources of canon law. But it is necessary to
explain more exactly its role and importance. Evidently secular law cannot be, strictly speaking, a source
of canon law, the State as such having no competence in spiritual matters; yet it may become so by the
more or less formal acceptation of particular lawsby the ecclesiastical authorities. We pass by in the first
place the laws made by the mutual agreement of both parties, such as the legislation of the numerous
assemblies in the Visigothic kingdom, and the Frankish kingdom and empire, where the bishops sat with
the lords and nobles. Such also is the case of the concordats of later ages, realcontracts between the two
powers. In these cases we have an ecclesiastico-civil law, the legal force of which arose from the
joint action of the two competent authorities. It is in a different sense that Roman law, Germanic law, and
in a lesser degree modern law, have become a subsidiary source of canon law.
It must be remembered that the Church existed for a long time before having a complete and coordinated
system oflaw; that many daily acts of its administration, while objectively canonical, were of the
same nature as similar actsin civil matters, e.g. contracts, obligations, and in general the administration
of property; it was quite natural for theChurch to accommodate itself in these matters to the existing
flows, with out positively approving of them. Later when the canonists of the twelfth century began to
systematize the ecclesiastical law, they found themselves in presence, on the one hand, of a
fragmentary canon law, and on the other hand of the complete methodical Romancode; they had recourse
to the latter to supply what was wanting in the former, whence the maxim adopted by thecanonists and
inserted in the "Corpus Juris", that the Church acts according to Roman law when canon law is silent(cap.
1. "De novi op. nunc.", X, i, V, tit. xxxii). Moreover, in the Teutonic kingdoms the clergy followed
the Roman lawas a personal statute. However, in proportion as the written canon law increased, Roman
law became of less practical value in the Church (cap. 28, X, "De priv.", X, lib. V, tit. xxxiii). Canon law,
it may be said, adopted fromRoman law what relates to obligations, contracts, judiciary actions, and to a
great extent civil procedure. OtherRoman laws were the object of a more positive recognition than mere
usage, i.e. they were formally approved, those, for instance, which though of secular origin,
concerned ecclesiastical things, e.g. the Byzantine ecclesiastical laws, or again laws of civil origin
and character but which were changed into canonical laws e.g. the impediment ofmarriage arising
from adoption. The juridical influence of Teutonic law was much less important, if we abstract from the
inevitable adaptation to the customs of barbarous races, yet some survivals of
this law in ecclesiasticallegislation are worthy of note: the somewhat feudal system of benefices; the
computation of the degrees of kindred; the assimilating of the penitential practices to the system
of penal compensation (wehrgeld); finally, but for a time only, justification from criminal charges on
the oath of guarantors or co-jurors (De purgatione canonica, lib. V, tit. xxxiv).
Modern law has only a restricted and local influence on canon law, and that particularly on two points. On
the one hand, the Church conforms to the civil laws on mixed matters, especially with regard to the
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administration of itsproperty; on some occasions even it has finally adopted as its own measures passed
by the civil powers actingindependently; a notable case is the French decree of 1809 on the "Fabriques
d'église". On the other hand, modern legislation is indebted to the canon law for certain beneficial
measures: part of the procedure in criminal, civil, andmatrimonial cases, and to some extent, the
organization of courts and tribunals.
Historical development of texts and collections
Considered under the second aspect, the sources of canon law are the legislative texts, and
the collections of those texts whence we derive our knowledge of the Church's laws. In order to
appreciate fully the reasons for and the utility of the great work of codification of the canon law, recently
begun by order of Pius X, it is necessary to recall the general history of those texts and collections, ever
increasing in number up to the present time. A detailed account of each of the canonical collections is
here out of place; the more important ones are the subject of special articles, to which we refer the reader;
it will suffice if we exhibit the different stages in the development of these texts and collections, and
make clear the movement to wards centralization and unification that has led up to the present situation.
Even in the private collections of the early centuries, in which the series of conciliary canons were merely
brought together in more or less chronological order, a constant tendency towards unification is
noticeable. From the ninth century onwards the collections are systematically arranged; with the thirteenth
century begins the first official collections, thenceforth the nucleus around which the new legislative texts
centre, though it is not yet possible to reduce them to a harmonious and coordinated code. Before tracing
the various steps of this evolution, some terms require to be explained. The name "canonical collections"
is given to all collections of ecclesiasticallegislative texts, because the principal texts were the canons of
the councils. At first the authors of these collectionscontented themselves with bringing together
the canons of the different councils in chronological order; consequently these are called
"chronological" collections; in the West, the last important chronological collection is that ofPseudoIsidore. After his time the texts were arranged according to subject matter; these are the
"systematic"collections, the only form in use since the time of Pseudo-Isidore. All the
ancient collections are private, due to personal initiative, and have, therefore, as collections, no official
authority: each text has only its own intrinsic value; even the "Decretum" of Gratian is of this nature. On
the other hand, official or authentic collections are those that have been made or at least promulgated by
the legislator. They begin with the "Compilatio tertia" of Innocent III; the later collections of the "Corpus
Juris", except the "Extravagantes", are official. All the texts in an officialcollection have the force of law.
There are also general collections and particular collections: the former treating of legislation in general,
the latter treating of some special subject, for instance, marriage, procedure, etc., or even of the
local law of a district. Finally, considered chronologically, the sources and collections are classified as
previous to or later than the "Corpus Juris".
Canonical collections in the East
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Until the Church began to enjoy peace, the written canon law was very meagre; after making full
allowance for the documents that must have perished, we can discover only a fragmentary law, made as
circumstances demanded, and devoid of all system. Unity of legislation, in as far as it can be expected at
that period, is identical with a certainuniformity of practice, based on the prescriptions of Divine
law relative to the constitution of the Church, the liturgy, the sacraments, etc. The clergy, organized
everywhere in the same way, exercised almost everywhere the same functions. But at an early period we
discover a greater local disciplinary uniformity between the Churches of the greatsees
(Rome, Carthage, Alexandria, Antioch, later Constantinople) and the Churches depending immediately on
them. Further it is the disciplinary decisions of the bishops of the various regions that form the first
nucleus of local canon law; these texts, spreading gradually from one country to another by means of
the collections, obtain universaldissemination and in this way are the basis of general canon law.
There were, however, in the East, from the early days up to the end of the fifth century, certain writings,
closely related to each other, and which were in reality brief canon law treatises
on ecclesiastical administration the dutiesof the clergy and the faithful, and especially on the liturgy. We
refer to works attributed to the Apostles, very popular in the Oriental Churches, though devoid of official
authority, and which may be called pseudo-epigraphic, rather than apocryphal. The principal writings of
this kind are the "Teaching of the Twelve Apostles" or "Didache", the "Didascalia", based on the
"Didache"; the "Apostolic Constitutions", an expansion of the two preceding works; then the "Apostolic
Church Ordinance", the "Definitio canonica SS. Apostolorum", the "Testament of the Lord" and the
"Octateuch of Clement"; lastly the "Apostolic Canons". Of all this literature, only the "Apostolic Canons"
were included in the canonical collections of the Greek Church. The most important of these documents
the "Apostolic Constitutions", was removed by the Second Canon of the Council in Trullo (692), as
having been interpolated by theheretics. As to the eighty-five Apostolic Canons, accepted by the
same council, they rank yet first in the above-mentioned "Apostolic" collection; the first fifty translated
into Latin by Dionysius Exiguus (c. 500), were included in the Western collections and afterwards in the
"Corpus Juris".
As the later law of the separated Eastern Churches did not influence the Western collections, we need not
treat of it, but go on to consider only the Greek collection. It begins early in the fourth century: in the
different provinces ofAsia Minor, to the canons of local councils are added those of the ecumenical
Council of Nicea (325), everywhere held in esteem. The Province of Pontus furnished
the penitentiary decisions
of Ancyra and Neocæsarea (314); Antioch;
thecanons of
the
famous Council "in encaeniis" (341), a genuine code of metropolitan organization; Paphlagonia, that of
the Council of Gangra (343), a reaction against the first excesses of asceticism; Phrygia, the fiftynine canons ofLaodicea on different disciplinary and liturgical matters. This collection was so highly
esteemed that at the Council of Chalcedon (451) the canons were read as one series. It was increased later
by the addition of the canons of (Constantinople (381), with other canons attributed to it, those
of Ephesus (431). Chalcedon (451), and theApostolic canons. In 692 the Council in Trullo passed 102
disciplinary canons, the second of which enumerates the elements of the official collection: they are the
texts we have just mentioned, together with the canons of Sardica, and of Carthage (419), according
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to Dionysius Exiguus, and numerous canonical letters of the great bishops, SS.Dionysius of
Alexandria, Gregory Thaumaturgus, Basil, etc. If to these be added the canons of the
two ecumenicalcouncils of Nicea (787) and Constantinople (869) we have all the elements of
the definitive collection in its final shape. A few "systematic" collections may be mentioned as pertaining
to this period: one containing fifty titles by an unknown author about 535; another with twenty-five titles
of the ecclesiastical laws of Justinian; a collection of fifty titles drawn up about 550,
by John the Scholastic, a priest of Antioch. The compilations known as the "Nomocanons" are more
important, because they bring together the civil laws and the ecclesiastical laws on the same subjects; the
two principal are the Nomocanon, wrongly attributed to John the Scholastic, but which dates from the end
of the sixth century, with fifty titles, and another, drawn up in the seventh century, and afterwards
augmented by thePatriarch Photius in 883.
The canonical collections in the West to Pseudo-Isidore
In the West, canonical collections developed as in the East, but about two centuries later. At first
appear collectionsof national or local laws and the tendency towards centralization is partially effected in
the ninth century. Towards the end of the fourth century there is yet in the West no canonical collection,
not even a local one, those of the fifth century are essentially local, but all of them borrow from
the Greek councils. The latter were known in the West by two Latin versions, one called the "Hispana" or
"Isidorian", because it was inserted in the Spanish canonicalcollection, attributed to St. Isidore of Seville,
the other called the "Itala" or "ancient" (Prisca), because Dionysius Exiguus, in the first half of the sixth
century, found it in use at Rome, and being dissatisfied with its imperfections improved it. Almost all
the Western collections, therefore, are based on the same texts as the Greek collection, hence the marked
influence of that collection on Western canon law.
(1) At the end of the fifth century the Roman Church was completely organized and
the popes had promulgated many legislative texts; but no collection of them had yet been made. The only
extra-Roman canons recognized were thecanons of Nicea and Sardica, the latter being joined to the
former, and at times even cited as the canons of Nicea. The Latin version of the
ancient Greek councils was known, but was not adopted as ecclesiastical law. Towards the year
500 Dionysius Exiguus compiled at Rome a double collection, one of the councils, the other of decretals,
i.e.papal letters. The former, executed at the request of Stephen, Bishop of Salona, is a translation of
the Greekcouncils, including Chalcedon, and begins with the fifty Apostolic canons; Dionysius adds to it
only the Latin text of the canons of Sardica and of Carthage (419), in which the more ancient African
councils are partially reproduced. The second is a collection of thirty-nine papal decretals,
from Siricius (384) to Anastasius II (496-98). (See COLLECTIONS OF ANCIENT CANONS.) Thus
joined together these two collections became the canonical code of the Roman Church, not by
official approbation, but by authorized practice. But while in the work of Dionysius the collection of
conciliarycanons remained unchanged, that of the decretals was successively increased; it continued to
incorporate letters of the different popes till about the middle of the eighth century when Adrian I gave
(774) the collection of Dionysius to the future Emperor Charlemagne as the canonical book of the Roman
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Church. This collection, often called the "Dionysio-Hadriana", was soon officially received in
all Frankish territory, where it was cited as the "Liber Canonum", and was adopted for the whole empire
of Charlemagne at the Diet of Aachen in 802. This was an important step towards the centralization and
unification of the ecclesiastical law, especially as the Latin Catholic world hardly extended beyond the
limits of the empire, Africa and the south of Spain having been lost to the Church through the victories
of Islam.
(2)
The canon
law of
the African Church was
strongly
centralized
at Carthage;
the
documents naturally took the formof a collection, as it was customary to read and insert in the Acts of
each council the decisions of the precedingcouncils. At the time of the invasion of the Vandals,
the canonical code of the African Church comprised, after thecanons of Nicea, those of the Council of
Carthage under Bishop Gratus (about 348), under Genethlius (390), of twenty or twenty-two plenary
council under Aurelius (from 393 to 427), and the minor councils of Constantinople. Unfortunately these
records have not come down to us in their entirety; we possess them in two forms: in the collection
of Dionysius Exiguus, as the canons of a "Concilium Africanum"; in the Spanish collection, as those of
eightcouncils (the fourth wrongly attributed, being a document from Arles, dating about the beginning of
the sixth century). Through these two channels the African texts entered into Western canon law. It will
suffice to mention the two "systematic" collections of Fulgentius Ferrandus and Cresconius.
(3) The Church in Gaul had no local religious centre, the territory being divided into unstable kingdoms;
it is not surprising therefore that we meet no centralized canon law or universally accepted collection.
There are numerouscouncils, however, and an abundance of texts; but if we except the temporary
authority of the See of Arles, nochurch of Gaul could point to a permanent group of dependent sees.
The canonical collections were fairly numerous, but none was generally accepted. The most widespread
was the "Quesneliana", called after its editor (the JansenistPaschase Quesnel), rich, but badly arranged,
containing many Greek, Gallic, and other councils, also pontificaldecretals. With the other collections it
gave way to the "Hadriana", at the end of the eighth century.
(4) In Spain, on the contrary, at least after the conversion of the Visigoths, the Church was strongly
centralized in the See of Toledo, and in close union with the royal power. Previous to this, we must note
the collection of St. Martin of Braga, a kind of adaptation of conciliary canons, often incorrectly cited in
the Middle Ages as the "Capitula Martinipapae" (about 563). It was absorbed in the large and important
collection of the Visigothic Church. The latter, begun as early as the council of 633 and increased by
the canons of subsequent councils, is known as the "Hispana" or "Isidoriana", because in later times it was
attributed (erroneously) to St. Isidore of Seville. It comprises two parts: the councils and the decretals;
the councils are arranged in four sections: the East, Africa, Gaul, Spain, andchronological order is
observed in each section; the decretals, 104 in number, range from Pope St. Damasus to St. Gregory (366604). Its original elements consist of the Spanish councils from Elvira (about 300) to
the SeventeenthCouncil of Toledo in 694. The influence of this collection, in the form it assumed about
the middle of the ninth century, when the False Decretals were inserted into it, was very great.
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(5) Of Great Britain and Ireland we need mention only the Irish collection of the beginning of the eighth
century, from which several texts passed to the continent; it is remarkable for including among
its canons citations from theScriptures and the Fathers.
(6) The collection of the False Decretals, or the Pseudo-Isidore (about 850), is the last and most complete
of the "chronological" collections, and therefore the one most used by the authors of the subsequent
"systematic"collections;
it
is
the
"Hispana"
or Spanish collection together
with apocryphal decretals attributed to the popes of the first centuries up to the time of St. Damasus, when
the authentic decretals begin. It exerted a very great influence.
(7) To conclude the list of collections, where the later canonists were to garner their materials, we must
mention the"Penitentials", the "Ordines" or ritual collections, the "Formularies", especially the "Liber
Diurnus"; also compilations of laws either purely secular, or semi-ecclesiastical, like the "Capitularies"
(q.v.). The name "capitula" or "capitularia" is given also to the episcopal ordinances quite common in the
ninth century. It may be noted that the author of theFalse Decretals forged also false "Capitularies", under
the
name
of Benedict the Deacon,
and false episcopal"Capitula",
under
the
name
of
Angilramnus, Bishop of Metz.
Canonical collections to the time of Gratian
The Latin
Church was
meanwhile
moving
towards
closer unity;
the
local character of canonical discipline and lawsgradually
disappears,
and
the
authors
of canonical collections exhibit a more personal note, i.e. they pick out more or less advantageously the
texts, which they borrow from the "chronological" compilations, though they display as yet no critical
discernment, and include many apocryphal documents, while others continue to be attributed to the wrong
sources. They advance, nevertheless, especially when to the bare texts they add their own opinions
and ideas. From the end of the ninth century to the middle of the twelfth these collections are very
numerous; many of them are still unpublished, and some deservedly so. We can only mention the
principal ones:
•
•
•
A collection in
twelve
books,
compiled
in
Northern Italy,
and dedicated to
an Archbishop Anselm, doubtlessAnselm II of Milan (833-97), still unedited; it seems to have
been widely used.
The
"Libri
duo
de
synodalibus
causis"
of Regino, Abbot of Prüm (d.
915),
a pastoral visitation manual of thebishop of the diocese, edited by Wasserschleben (1840).
The voluminous compilation, in twenty books, of Burchard, Bishop of Worms, compiled between
1012 and 1022, entitled the "Collectarium", also "Decretum", a manual for the use
of ecclesiastics in their ministry; the nineteenth book, "Corrector" or "Medicus", treats of the
administration of the Sacrament of Penance, and was often current as a distinct work. This widely
circulated collection is in P.L., CXL. At the end of the eleventh century there appeared
in Italy several collections favouring the reform of Gregory VII and supporting the Holy See in
the in vestiture strife; some of the authors utilized for their works the Roman archives.
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•
•
•
•
•
•
•
•
•
The collection of Anselm, Bishop of Lucca (d. 1086), in thirteen books, still unedited, an
influential work.
The collection of Cardinal Deusdedit, dedicated to Pope Victor III (1087), it treats of
the primacy of the pope, of the Roman clergy, ecclesiastical property, immunities, and was edited
by Martinucci in 1869, more recently and better by Wolf von Glanvell (1905).
The "Breviarium" of Cardinal Atto; edited by Mai, "Script. vet. nova collect.", VI, app. 1832.
The collection of Bonizo, Bishop of Sutri in ten books, written after 1089, still unedited.
The collection of Cardinal Gregory, called by him "Polycarpus", in eight books, written before
1120, yet unedited.
In France we must mention the small collection of Abbo, Abbot of Fleury (d. 1004). in fiftytwo chapters, in P.L., CXXXIX; and especially
the collections of Ives, Bishop of Chartres (d. 1115 or 1117), i.e. the "Collectio trium partium",
the "Decretum", especially the "Panormia", a short compilation in eight books, extracted from the
preceding two works, and widely used. The "Decretum" and the "Panormia" are in P.L., CLXI.
The unedited Spanish collection of Saragossa (Caesar-augustana) is based on these works of Ives
of Chartres.
Finally, the "De misericordia et justitia", in three books, composed before 1121
by Algerus of Liège, a general treatise on ecclesiastical discipline, in which is fore shadowed
the scholastic method of Gratian, reprinted in P.L., CLXXX.
The "Decretum" of Gratian: the Decretists
The "Concordantia discordantium canonum", known later as "Decretum", which Gratian published
at Bologna about 1148, is not, as we consider it today, a collection of canonical texts, but a general
treatise, in which the texts cited are inserted to help in establishing the law. It is true that the work is
very rich in texts and there is hardly a canonof any importance contained in the
earlier collections (including the decisions of the Lateran Council of 1139 and recent papal decretals)
that Gratian has not used. His object, however, was to build up a juridical system from all these
documents. Despite its imperfections, it must be admitted that the work of Gratian was as
near perfection as was then possible. For that reason it was adopted at Bologna, and soon elsewhere, as
the textbook for the study ofcanon law. (For an account of this collection see CORPUS JURIS
CANONICI; CANONS.) We may here recall again that the "Decretum" of Gratian is not a codification,
but a privately compiled treatise; further, that the building up of a general system of canon law was the
work of the canonists, and not of the legislative authorities as such.
Quite as the professors at Bologna commented on Justinian's "Corpus juris civilis", so they began at once
tocomment on Gratian's work, the personal element as well as his texts. The first commentators are called
the "Decretists". In their lectures (Latin lecturae, readings) they treated of the conclusions to be drawn
from each part and solved the problems (quaestiones) arising therefrom. They synopsized their teaching
in "glosses", interlinear at first, then marginal, or they composed separate treatises known as "Apparatus",
"Summae", "Repetitiones", or else collected "casus", "questiones", "Margaritae", "Breviaria", etc. The
principal decretists are:
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•
•
•
•
•
•
•
•
•
•
•
Paucapalea, perhaps the first disciple of Gratian, whence, it is said, the name "palea" given to the
additions to the "Decretum" (his "Summa" was edited by Schulte in 1890);
Roland Bandinelli, later Alexander III (his "Summa" was edited by Thaner in 1874);
Omnibonus, 1185 (see Schulte, "De Decreto ab Omnibono abbreviate", 1892);
John of Faenza (d. bishop of that city in 1190);
Rufinus ("Summa" edited by Singer, 1902);
Stephen of Tournai (d. 1203; "Summa" edited by Schulte, 1891);
the great canonist Huguccio (d. 1910; "Summa" edited by M. Gillmann);
Sicard of Cremona (d. 1215);
John the Teuton, really Semeca or Zemcke (d. 1245);
Guido de Baysio, the "archdeacon" (of Bologna, d. 1313); and especially
Bartholomew of Brescia (d. 1258), author of the "gloss" on the "Decretum" in its last form.
Decretals and Decretalists
While lecturing on Gratian's work the canonists laboured to complete and elaborate the master's teaching;
with that view they collected assiduously the decretals of the popes, and especially the canons of
the Ecumenical councils of the Lateran (1179, 1215); but these compilations were not intended to form a
complete code, they merely centred round and supplemented Gratian's "Decretum"; for that reason
these Decretals are known as the "Extravagantes", i.e. outside of, or extraneous to, the official collections.
The five collections thus made between 1190 and 1226 (seeDECRETALS), and which were to serve as
the basis for the work of Gregory IX, mark a distinct step forward in theevolution of canon law:
whereas Gratian had inserted the texts in his own treatise, and the canonists wrote their works without
including the texts, we have now compilations of supplementary texts for the purpose of teaching, but
which nevertheless remain quite distinct; in addition, we at last find the legislators taking part officially in
editing the collections. While the "Breviarium" of Bernard of Pavia, the first to exhibit the division into
five books and into titles, which St. Raymund of Pennafort was later to adopt, is the work of a
private individual, the "Compilatio tertia" of Innocent III in 1210, and the "Compilatio quinta"
of Honorius III, in 1226, are official collections. Though thepopes, doubtless, intended only to give the
professors at Bologna correct and authentic texts, they neverthelessacted officially; these collections,
however, are but supplements to Gratian.
This is also true of the great collection of "Decretals" of Gregory IX (see DECRETALS and CORPUS
JURIS CANONICI). The pope wished to collect in a more uniform and convenient manner
the decretals scattered through so many different compilations; he entrusted this synopsis to
his chaplain Raymund of Pennafort, and in 1234 sent it officially to the universities of Bologna and Paris.
He did not wish to suppress or supplant the "Decretum" of Gratian, but this eventually occurred. The
"Decretals" of Gregory IX, though composed in great part of specific decisions, represented in fact a more
advanced state of law; furthermore, the collection was sufficiently extensive to touch almost everymatter,
and could serve as a basis for a complete course of instruction. It soon gave rise to a series
ofcommentaries, glosses, and works, as the "Decretum" of Gratian had done, only these were more
important since they were based on more recent and actual legislation. The commentators of
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the Decretals were known as Decretalists. The author of the "gloss" was Bernard de Botone (d. 1263); the
text was commented on by the most distinguished canonists; among the best known previous to the
sixteenth century, we must mention:
•
•
•
•
•
•
•
•
•
Bernard of Pavia ("Summa" edited by Laspeyres, 1860),
Tancred, archdeacon of Bologna, d. 1230 ("Summa de Matrimonio", ed. Wunderlich, 1841);
Godfrey of Trani (1245);
Sinibaldo Fieschi, later Innocent IV (1254), whose "Apparatus in quinque libros decre taliurn"
has been frequently reprinted since 1477;
Henry of Susa, later Cardinal-Bishop of Ostia (d. 1271), hence "Hostiensis"; his "Summa
Hostiensis", or "Summa aurea" was one of the best known canonical works, and was printed as
early as 1473;
Aegilius de Fuscarariis (d. 1289);
William Durandus (d. 1296, Bishop of Mende), surnamed "Speculator", on account of his
important treatise on procedure, the "Speculum judiciale", printed in 1473;
Guido de Baysio, the "archdeacon", already mentioned;
Nicolas de Tudeschis (d. 1453), also known as "Abbes siculus" or simply "Panormitanus" (or also
"Abbas junior seu modernus") to distinguish him from the "Abbas antiques", whose name is
unknown and who commented on the Decretals about 1275); Nicolas left a "Lecture" on
the Decretals, the Liber Sextus, and the Clementines.
For some time longer, the same method of collecting was followed; not to speak of the private
compilations, thepopes continued to keep up to date the "Decretals" of Gregory IX; in 1245 Innocent
IV sent a collection of forty-twodecretals to the universities, ordering them to be inserted in their proper
places; in 1253 he forwarded the "initia" or first words of the authentic decretals that were to be accepted.
Later Gregory X and Nicholas III did likewise, but with little profit, and none of
these brief supplementary collections survived. The work was again undertaken byBoniface VIII, who
had prepared and published an official collection to complete the five existing books; this was known as
the "Sextus" (Liber Sextus). Clement V also had prepared a collection which, in addition to his
owndecretals, contained the decisions of the Council of Vienne (1311-12); it was published in 1317 by
his successor John XXII and was called the "Clementina." This was the last of
the medieval official collections. Two later compilations included in the "Corpus Juris" are private works,
the "Extravagantes of John XXII", arranged in 1325 by Zenzelin de Cassanis, who glossed them, and the
"Extra vagantes communes", a belated collection; it was only in the edition of the "Corpus Juris" by
Jean Chappuis, in 1500, that these collections found a fixed form. The "Sextus"
was glossedand commented by Joannes Andrae, called the "fons et tuba juris" (d. 1348), and by Cardinal
Jean Le Moine (JoannesMonachus, d. 1313), whose works were often printed.
When authors speak of the "closing" of the "Corpus Juris", they do not mean an act of the popes for
biddingcanonists to collect new documents, much less forbidding themselves to add to the
ancient collections. But thecanonical movement, so active after Gratian's time, has ceased forever.
External circumstances, it is true, theWestern Schism, the troubles of the fifteenth century,
the Reformation, were unfavourable to the compiling of newcanonical collections; but there were more
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direct causes. The special object of the first collections of the decretalswas to help settle the law, which
the canonists of Bologna were trying to systematize; that is why they contain so many specific decisions,
from which the authors gathered general principles; when these had been ascertained the specific
decisions were of no use except for jurisprudence; and in fact the "Sextus", the "Clementinae", and the
othercollections contain texts only when they are the statement of a general law. Any changes
deemed necessary could be made in teaching without the necessity of recasting and augmenting the
already numerous and massivecollections.
From the Decretals to the present time
After the fourteenth century, except for its contact with the collections we have just treated of, canon
law loses itsunity. The actual law is found in the works of the canonists rather than in any
specific collection; each one gathers his texts where he can; there is no one general collection sufficient
for the purpose. It is not a case of confusion, but of isolation and dispersion. The sources of law later than
the "Corpus Juris" are:
•
•
•
•
•
the decisions of councils, especially of the Council of Trent (1545-1563), which are so varied and
important that by themselves they form a short code, though without much order;
the constitutions of the popes, numerous but hitherto not officially collected, except the
"Bullarium" of Benedict XIV (1747);
the Rules of the Apostolic Chancery;
the 1917 Code of Canon Law;
lastly the decrees, decisions, and various acts of the Roman Congregations, jurisprudence rather
than lawproperly so called.
For local law we have provincial councils and diocesan statutes. It is true there have
published collections ofcouncils and Bullaria.
Several Roman
Congregations have
also
their acts collected in official publications; but these are rather erudite compilations or repertories.
been
had
Codification
The method followed, both by private individuals and the popes, in drawing up canonical collections is
generally rather that of a coordinated compilation or juxtaposition of documents than codification in the
modern sense of the word, i.e. a redaction of the laws (all the laws) into an orderly series of short precise
texts. It is true that antiquity, even the Roman law, did not offer any model different from that of the
various collections, that method, however, long since ceased to be useful or possible in canon law. After
the "closing" of the "Corpus Juris" two attempts were made; the first was of little use, not being official;
the second, was official, but was not brought to a successful issue. In 1590 the jurisconsult
Pierre Mathieu, of Lyons. published under the title "Liber septimus" a supplement to the "Corpus Juris",
divided according to the order of the books and titles of the Decretals. It includes a selection ofpapal
constitutions, from Sixtus IV to Sixtus V (1471-1590), but not the decrees of the Council of Trent. This
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compilation was of some service, and in a certain number of editions of the "Corpus Juris" was included
as an appendix. As soon as the official edition of the "Corpus Juris" was published in 1582, Gregory
XIII appointed a commission to bring up to date and complete the venerable collection. Sixtus V hastened
the work and at lengthCardinal Pinelli presented to Clement VIII what was meant to be a "Liber
septimus". For the purpose of further studies the pope had it printed in 1598: the pontifical
constitutions and the decrees of the Council of Trent were inserted in it in the order of the Decretals. For
several reasons Clement VIII refused to approve this work and the project was definitively abandoned.
Had this collection been approved it would have been as little used today as the others, the situation
continuing to grow worse.
Many times during the nineteenth century, especially at the time of the Vatican Council (Collectio
Lacensis, VII, 826), the bishops had urged the Holy See to draw up a complete collection of the laws in
force, adapted to the needs of the day. It is true, their requests were complied with in regard to certain
matters; Pius X in his "Motu proprio" of 19 March, 1904, refers to the constitution "Apostolicae
Sedis" limiting and cataloguing the censures "latae sententie", the Constitution "Officiorum", revising
the laws of the Index; the Constitution "Conditre" on the religiouscongregations with simple vows. These
and several other documents were, moreover, drawn up in short precise articles, to a certain extent a
novelty, and the beginning of a codification. Pius later officially ordered a codification, in the modern
sense of the word, for the whole canon law. In the first year of his pontificate he issued the Motu
Proprio "Arduum", (De Ecclesiae legibus in unum redigendis); it treats of the complete codification and
reformation ofcanon law. For this purpose the pope requested the entire episcopate, grouped in provinces,
to make known to him the reforms they desired. At the same time he appointed a commission
of consultors, on whom the initial workdevolved, and a commission of cardinals, charged with the study
and approval of the new texts, subject later to thesanction of the sovereign pontiff. The plans of the
various titles were confided to canonists in every country. The general idea of the Code that followed
includes (after the preliminary section) four main divisions: persons, things (with subdivisions for
the sacraments, sacred places and objects, etc.). trials, crimes and penalties. It is practically the plan of the
"Institutiones", or manuals of canon law. The articles were numbered consecutively. This great work was
finished in 1917.
Ecclesiastical law
The sources of canon law, and the canonical writers. give us, it is true, rules of action, each with its
specific object. We have now to consider all these laws in their common abstract element, in other
words Ecclesiastical Law, its characteristics and its practice. According to the excellent definition of St.
Thomas (I-II:90:1) a law is a reasonable ordinance for the common good promulgated by the head of the
community. Ecclesiastical law therefore has for its author the head of the Christian community over
which he has jurisdiction strictly so called; its object is the common welfare of that community, although
it may cause inconvenience to individuals; it is adapted to the obtaining of the common welfare, which
implies that it is physically and morally possible for the majority of the community to observe it; the
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legislator must intend to bind his subjects and must make known that intention clearly; finally he must
bring the law under the notice of the community. A law is thus distinguished from a counsel, which is
optional not obligatory; from a precept, which is imposed not on the community but
on individual members; and from a regulation or direction, which refers to accessory matters.
The object therefore of ecclesiastical law is all that is necessary or useful in order that the society may
attain its end, whether there be question of its organization, its working, or the acts of
its individual members; it extends also to temporal things, but only indirectly. With regard to acts,
the law obliges the individual either to perform or to omit certain acts; hence the distinction into
"affirmative or preceptive" laws and "negative or prohibitory" laws; at times it is forced to
allow certain things to be done, and we have "permissive" laws or laws of forbearance; finally, the law in
addition to forbidding a given act may render it, if performed, null and void; these are
"irritant" laws. Lawsin general, and irritant laws in particular, are not retroactive, unless such is expressly
declared by the legislator to be the case. The publication or promulgation of the law has a double
aspect: law must be brought to the knowledge of the community in order that the latter may be able to
observe it, and in this consists the publication. But there may be legal forms of publication, requisite
and necessary, and in this consists the promulgation properly so called (seePROMULGATION).
Whatever may be said about the forms used in the past, today the promulgation of generalecclesiastical
laws is effected exclusively by the insertion of the law in the official publication of the Holy See, the
"Acta Apostolical Sedis", in compliance with the Constitution "Promulgandi", of Pius X, dated 29
September, 1908, except in certain specifically mentioned cases. The law takes effect and is binding on
all members of the community as soon as it is promulgated, allowing for the time morally necessary for it
to become known, unless the legislator has fixed a special time at which it is to come into force.
No one is presumed to be ignorant of the law; only ignorance of fact. not ignorance of law, is excusable
(Reg. 1:3 jur. in VI). Everyone subject to the legislator is bound in conscience to observe the law. A
violation of the law, either by omission or by act, is punishable with a penalty (q.v.). These penalties may
be settled beforehand by the legislator, or they may be left to the discretion of the judge who imposes
them. A violation of the moral law or what one's conscience judges to be the moral law is a sin; a
violation of the exterior penal law, in addition to the sin, renders one liable to a punishment or penalty; if
the will of the legislator is only to oblige the offender to submit to the penalty, the law is said to be
"purely penal"; such are some of the laws adopted by civil legislatures, and it is generally admitted that
some ecclesiastical laws are of this kind. As baptism is the gate of entrance to theecclesiastical society, all
those who are baptized, even non-Catholics, are in principle subject to the laws of theChurch; in practice
the question arises only when certain acts of heretics and schismatics come before Catholictribunals; as a
general rule an irritant law is enforced in such a case, unless the legislator has exempted them from its
observance, for instance, for the form of marriage. General laws therefore, bind all Catholics wherever
they may be. In the case of particular laws as one is subject to them in virtue of one's domicile, or even
quasi-domicile, passing strangers are not subject to them, except in the case of acts performed within the
territory.
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The role of the legislator does not end with the promulgation of the law; it is his office to explain and
interpret it (declaratio, interpretatio legis). The interpretation is "official" (authentica) or even
"necessary", when it is given by the legislator or by some one authorized by him for that purpose; it is
"customary", when it springs from usage orhabit; it is "doctrinal", when it is based on the authority of the
learned writers or the decisions of the tribunals. The official interpretation alone has the force of law.
According to the result, the interpretation is said to be "comprehensive, extensive, restrictive, corrective,"
expressions easily understood. The legislator, and in the case of particular laws the superior, remains
master of the law; he can suppress it either totally (abrogation), or partially (derogation), or he can
combine it with a new law which suppresses in the first law all that is incompatible with the second
(abrogation). Laws co-exist as far as they are reconcilable; the more recent modifies the more ancient, but
a particular law is not suppressed by a general law, unless the fact is stated expressly. A law can also
cease when its purpose and end cease, or even when it is too difficult to be observed by the generality of
the subjects; it then falls into desuetude (see CUSTOM).
In every society, but especially in a society so vast and varied as the Church, it is impossible for
every law to be applicable always and in all cases. Without suppressing the law, the legislator can
permanently exempt from itcertain persons or certain groups, or certain matters, or even extend
the rights of certain subjects; all these concessions are known as privileges. In the same manner the
legislator can derogate from the law in special cases; this is called a dispensation. Indults or the powers
that the bishops of the Catholic world receive from the Holy See, to regulate the various cases that may
arise in the administration of their dioceses, belong to the category ofprivileges; together with
the dispensations granted directly by the Holy See, they eliminate any excessive rigidity of the law, and
ensure to ecclesiastical legislation a marvellous facility of application. Without imperilling the rightsand
prerogatives of the legislator, but on the contrary strengthening them, indults impress more strongly on
the lawof the Church that humane, broad, merciful character, mindful of the welfare of souls, but also
of human weakness, which likens it to the moral law and distinguishes it from civil legislation, which is
much more external and inflexible.
Eastern Canon Law (CCEO)
The Code of Canons of the Eastern Churches (Latin: Codex Canonum Ecclesiarum
Orientalium,[1] abbreviated CCEO) is the title of the 1990 codification of the common portions of
the Canon Law for the 22 of the 23 sui iuris Churches in the Catholic Church. It is divided into 30 titles
and has a total of 1540 canons.[2]
The Roman or Latin rite Church is guided by its own particular Canons. The 22 sui iuris Churches which
collectively make up the Eastern Catholic Churches have been invited by the Catholic Church to codify
their own particular laws and submit them to the pope so that there may be a full, complete Code of all
religious law within Catholicism.
Pope John Paul II promulgated CCEO on October 18, 1990, by the document Sacri Canones.[3] The Code
came into force of law on October 1, 1991.[4]
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In 1998, Pope John Paul II issued the motu proprio Ad Tuendam Fidem, which amended two canons (750
and 1371) of the 1983 Code of Canon Law and two canons (598 and 1436) of the Code of Canons of the
Eastern Churches, so as to add "new norms which expressly impose the obligation of upholding truths
proposed in a definitive way by the Magisterium of the Church, and which also establish related canonical
sanctions."
The text of the CCEO is divided into 31 sections, 30 titles and a section of preliminary canons.
Preliminary Canons
The 6 preliminary canons deal with scope and continuity, what is affected by the CCEO and how prior
legislation and customs shall be handled.
Can. 1 The CCEO regards solely the Eastern Catholic Churches unless otherwise mentioned.
Can. 2 The CCEO is to be assessed according to the Ancient Laws of the Eastern Churches.
Can. 3 The CCEO does not legislate on liturgical matters and therefore the Liturgical Books are to be
observed unless contrary to the Canons of the CCEO.
Can. 4. The CCEO neither degrades or abrogates treaties/pacts entered into by the Holy See with
nations/political societies. Therefore, they still have their force, notwithstanding any prescriptions of the
CCEO to the contrary.
Code of Canons of the Eastern Churches
PRELIMINARY CANONS (canons 1-6)
TITLE I: The Rights and Obligations of
TITLE XVI: Divine Worship and Especially the Sacraments
All the Christian Faithful (canons 7-26)
(canons 667-895)
TITLE II: Churches Sui Iuris and Rites
TITLE XVII: Baptized Non-Catholics Coming into Full
(canons 27-41)
Communion with the Catholic Church (canons 896-901)
TITLE III: The Supreme Authority of the TITLE XVIII: Ecumenism or Fostering the Unity of
Church (canons 42-54)
Christians (canons 902-908)
TITLE IV: The Patriarchal Churches
TITLE XIX: Persons and Juridic Acts (canons 909-935)
(canons 55-150)
TITLE V: The Major Archiepiscopal
TITLE XX: Offices (canons 936-978)
Churches (canons 151-154)
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TITLE VI: Metropolitan Churches and
TITLE XXI: The Power of Governance (canons 979-995)
Other Churches Sui Iuris (canons 155176)
TITLE VII: Eparchies and Bishops
TITLE XXII: Recourse Against Administrative Decrees
(canons 177-310)
(canons 996-1006)
TITLE VIII: Exarchies and Exarchs
TITLE XXIII: The Temporal Goods of the Church (canons
(canons 311-321)
1007-1054)
TITLE IX: Assemblies of Hierarchs of
TITLE XXIV: Trials in General (canons 1055-1184)
Several Churches Sui Iuris (canon 322)
TITLE X: Clerics (canons 323-398)
TITLE XXV: The Contentious Trial (canons 1185-1356)
Title XI: Lay Persons (canons 399-409)
TITLE XXVI: Certain Special Procedures (canons 13571400)
TITLE XII: Monks and Other Religious
TITLE XXVII: Penal Sanctions in the Church (canons 1401-
as well as Members of Other Institutes of 1467)
Consecrated Life (canons 410-572)
TITLE XIII: Associations of the
TITLE XXVIII: The Procedure for Imposing Penalties
Christian Faithful (canons 573-583)
(canons 1468-1487)
TITLE XIV: Evangelization of Nations
TITLE XXIX: Law, Custom, and Administrative Acts
(canons 584-594)
(canons 1488-1540)
TITLE XV: The Ecclesiastical
TITLE XXX: Prescription and the Computation of Time
Magisterium (canons 595-666)
(canons 1541-1546)
o
; No compilation
Churches sui iuris
A church sui iuris is "a community of the Christian faithful, which is joined together by a hierarchy
according to the norm of law and which is expressly or tacitly recognised as sui iuris by the supreme
authority of the Church" (CCEO.27) . The term sui iuris is an innovation of CCEO (Codex Canonum
Ecclesiarum Orientalium - Code of Canons of the Oriental Churches) and denotes the relative autonomy
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of the Oriental Catholic Churches. This canonical term, pregnant with many juridical nuances, indicates
the God-given mission of the Oriental Catholic Churches to preserve their patrimonial autonomous
nature. The autonomy of these churches is relative in the sense that they are under the authority of
the Bishop of Rome.[5]
For a better understanding of the concept of church sui iuris see, Žužek, Understanding The Eastern
Code, pp. 94–109. “Una Chiesa Orientale cattolica è una parte della Chiesa Universale che vive la fede in
modo corrispondente ad una delle cinque grandi tradizioni orientali- Alessandrina, Antiochena,
Costantinopolitina, Caldea, Armena- e che contiene o è almeno capace di contenere, come sue
componenti minori, piú communià diocesane gerarchicamente riunite sotto la guida di un capo commune
legittimamente eleto e in communione con Roma, il quale con il proprio Sinodo costituisce la superiore
istanza per tutti gli affari di carattere amministrativo, legislativo e giudiziario delle stesse Communità,
nell'ambitto del diritto commune a tutte le Chiese, determinato nei Canoni sancti dai Concili Ecumenici o
del Romano Pontefice, sempre preservando il diritto di quest'ultimo di intervenire nei singoli casi”
pp. 103–104.[5] A rough translation of this may be rendered "An Eastern Catholic Church is on part of the
Universal Church in which lives the faith in a corresponding manner to one of the five great Eastern
Traditions - Alexandria, Antioch, Constantinople, Chalcedon, Armenian - and which contains or is
capable of containing, as its small marts, more community specific diocesan rule and the guide of a
legitimately elected head of the community and in Communion with Rome, in which, with its own Synod,
constitutes the highest law for all those affairs of an administrative character, legislative and guiding of its
own community, in the aim of the direction common to all the Church, determined in the Holy Canons of
the Ecumenical Councils or of the Roman Pontiff, always preserving the direction of the latter in
individual cases."
According to the CCEO the Oriental Catholic Churches sui iuris are of four categories:
1.Patriarchal Churches:
The patriarchal church is the full-grown form of an Oriental Catholic Church. It is a community of the
Christian faithful joined together by a patriarchal hierarchy. The patriarch together with the synod of
bishops has the legislative, judicial and administrative powers within the ecclesiastical territory, without
prejudice to those powers reserved, in the common law to the pope (CCEO 55-150). Among the Catholic
Oriental churches the following hold patriarchal status: Maronite, Chaldian, Coptic, Syrian, Melkite,
Armenian.[5]
2.Major Archiepiscopal Churches:
Major archiepiscopal churches are those oriental churches which are governed by major archbishops,
assisted by a respective synod of bishops. These churches have almost the same rights and obligations of
patriarchal churches. A major archbishop is the metropolitan of a see; he is chosen by the pope or
recognised by him, and presides over an entire Eastern Church sui iuris. What is stated in common law
concerning patriarchal churches or patriarchs is understood to be applicable to major archiepiscopal
churches or major archbishops, unless the common law expressly provides otherwise or the matter is
obvious. (CCEO.151, 152). The four major archiepsicopal churches are: the Syro Malabar, the Ukrainian
Byzantine, the Syro Malankara Catholic and Romanian Byzantine.[5]
3.Metropolitan Churches:
This is a church which is governed by a metropolitan "sui iuris." Such a church is presided over by the
metropolitan of a determined see who has been canonically elected and confirmed by the pope. He is
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assisted by a council of hierarchs according to the norms of law (CCEO. 155§1). The Catholic
metropolitan churches are the Ethiopian Church and the Ruthenian Church.[5]
4. Other Churches:
Apart from the above mentioned forms of church there are other ecclesiastical communities which are
entrusted to a hierarch who presides in accordance with the norms of canon law. (CCEO. 174). The
following Oriental Catholic churches are of this status: Belorussian Greek, Bulgarian Greek, Macedonian
Greek, Greek Byzantine, Hungarian Greek, Italo-Albanian, Slovakian Greek, Byzantine Church of the
Eparchy of Križvci, Albanian Byzantine, Russian Byzantine. Altogether there are 22 oriental sui iuris
churches in within the Catholic communion
Origins of the Eastern Catholic Churches
Separations in between the East and West. R. Roberson: The Eastern Christian Churches, 1996.
It gave definition
of Mary as
Council of
Theotokos Assyrian Church of the East.
Ephesus 431.
Nestorians found
it inacceptable,
Council of
Chalcedon
451
Chaldean - P Syro-Malabar
MA
Gave two natures
of christ Armenian, Coptic >> Ethiopian,
monophysites
Syrian >> Malankara
found it
unacceptable
Great Schism
1054
Orthodox Church, 9 are
patriarchates - Constantinople (1st
among equals, ecumenical
patriarch), Ancient: Alexandria,
Antioch, Jerusalem, More Recent:
Russia - P, Serbia - P, Romania P, Bulgaria - P, Georgia - P,
Cyprus, Greece, Poland, Albania,
Czech, America
Melkite - P, Russian Catholic,
Byzantines, Macedonian,
Romainian Catholic,
Bulgarian Catholic, Greek
Catholic, Albanian Catholic,
Slovak Catholic, Ukranianian
Catholic, Ruthenian,
Hungarian, Italo-Albanian,
Belorusian Catholic Church
Autonomous
Churches
Church of Mount Sinai, Finland,
Japan, China, Estonia
Maronite Catholic
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Latin church became identified (internally) with the catholic, indeed christian church. From the 16th
century, Latins sent missionaries to the East, when they became catholic and retained ritual
privileges. The last of the unions dates from 1930: Syro-malankara. First was Chaldean 1553. Most
have a sister church that is orthodox. Uniatism has given over to Ecumenism. Orthodox still call
them Uniates because they are somewhat anomylous. The Orthodox and Eastern Catholics have
liturgy, theology and spirituality. The churches are diverse, large, small. Maronites claim they were
always in communion - from the 6th century to the 12th century, there was an interruption of contact,
but not of unity. The latin church is the 23rd, but it is also somewhat different
.
Codification process of the Eastern Canon Law
History
Took 120 years. Latin bishops at at VCI asked for a unified code; eastern bishops asked for a
clarification about their law. They had particular law based on their traditions. Some said unity of
easter ecclesiastical discipline; others each eastern catholic church should have their own canon
law. This was done from the end of the 19th century, Rome won't give recognitio. Pius XI
established a commission with cardinals and head of the congregation for eastern churches and
patriarch of syrian church. Wanted to keep syrian code and make supplement for the others. 1930
opposed, he wanted an eastern code. They started with the 1917 code. 1945 CICO was published,
1948 submitted to Pius XII for promulgation, he didn't do it and gave no reason; but he
promulgated the canons on marriage in 1949, Crabrae allatae. He also promulgated procedural
canons Sollicitudinam nostram 1950; Postquam apostolicis litteris 1952 religious, temporal
goods, cleri sanctitati 1957 on hierarchy. John XXIII wouldn't promulgate the canons on the
sacraments. This is called the first codification, although it wasn't entire.
1972 the second codification starts
Commission receive the whole text in 1988, it was then to the holy father. They worked a lot like
the latin codifiers. All found Nuntia 1975-1990; easy to follow the legislative history of the
canons. Commission had the task of revising the promulgated sections and the ones that weren't
promulgated.
Promulgation of the CCEO
18/10/1990, promulgated 1/10/1991 in force. This code is more in conformity with eastern
tradition than the motu proprio. The second started with particular law of the eastern churches.
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Eastern Churches wanted their hierarchies to be involved in promulgation, e.g. like VCII texts
where patriarchs promulgated in union with council fathers. Instead, pope said in collaboration
with eastern hierarchy, we use our own power to promulgate. Legislative power in the east is the
patriarchs with their respective synods.
Title of the CCEO
Former legislation had title Codex Iuris Canonici Orientalis. But this seemed to make it an
appendix to the CIC. So they suggested the CIC change to latin code and the CIC then would be
eastern code. Felici said no, it's traditional. Found an old title from the 1930s: CCEO. Canons
refers to sacred canons, not just the code.
Systematics of the CCEO
30 titles in the CCDO. Nomocanon in 14 titles was a traditional way of organizing law in the east.
Nomo - imperial law, canon - church law.
Official Language
Latin - diversity is great, but there isn't a common language between the eastern churches.
Sometimes it couldn't even be put into practice in 1991 because it had to be translated into the
working language of the church.
eparchy
diocese
eparchial
diocesan
protosyncellus
vicar general
syncellus
episcopal vicar
protopresbyter
vicar forane
Hierarch
Ordinary
eparchial assembly
diocesan synod
exarchy
~apostolic vicariat / prefecture
Exarch
~apostolic vicar / prefect
Chrismation with holy myron confirmation
typikon
constitutions
synaxis
monastic chapter
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Concepts of rite and Church sui iuris
rite was sometimes used to designate the five liturgical traditions; an ecclesiastical community;
changing rite, but also changing hierarchy. Even the second vatican council uses the term rite in
different senses. I am a member of the latin church, not a member of the latin rite. Guiding principle
said to clarify rite and church. So we should talke about inter-ecclesial issues, not inter-ritual issues.
Particular church meant latin jurisdictions. They finally adopted Church sui iuris. Canon 111-112
uses Ritual Church Sui Iuris. Rite isn't constitutive of the church.
CCEO 27
The canon speaks about 1) a community of the christian faithful, 2) with its own hierarchy, 3)
recognized by the supreme authority as a Church sui iuris. Purely juridical definition. Could be
express or tacit recognition. Approval of liturgical books would be a tacit recognition or the
church as well.
Canon 28 Rite
is liturgical, theological, spiritual and disciplinary heritage expressed as a manner of living the
faith. Rome still as ambrosian rite, but it is 'merely' liturgical, historically there was lyonese rite.
They are also embedded in the culture and history of the peoples. Interesting also from the
perspective of inculturation. Ritual and territory aren't mentioned, but they are important elements
in the churches as well. But they aren't constitutive of the churches. Several churches may be
rooted in the same ritual tradition, but they may now, because of their own tradition and history,
they have different rites now.
Organization of the Different Types of Churches Sui Iuris
Type of church will determine rules and organization: patriarchal, major archiepiscopal,
metropolitan, etc.
Patriarchal
churches have the largest autonomy. Canon 55+ Patriarch is father and head of church sui iuris,
based on history. Some metropolitans have some supra episcopal power and also supra
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metropolitan power, they began to call these patriarch to make the distinction. Even early
councils recognized the institution if not the word. It is purely ecclesiastical law - it is not of
divine law. Governs and centralizes the power in his church. Function: patriarch is a bishop with
power over all bishops and christian faithful according to the norm of law. No longer the pallium
has to be asked from the pope.
Patriarchal Churches
Changes to patriarchal churches - for the holy see. Pentarchy is the historical situation: Rome
Constantinople - (only a noncatholic ecumencal patriarch), non-catholic, Alexandria - (Ethiopan and
coptic), Antioch (Syro-Malankar and Syrian) and Jerusalem. We can restore old patriarchies and we
can have new ones. There are some that don't go back to the pentarchy. 1895 restored Coptic
patriarch. Eastern churches don't want to hear of the suppression of a patriarchal see. Since pope
claimed universal jurisdiction after great schism, so there was no distinction of a patriarchal see.
Orthodox have apostolic orders and sacraments.
Synod of Bishops
This is the characteristic way in which these churches are governed. Council of Jerusalem is the
basis - what to do with converts? Canons of the apostles shows forthsynodality, the collection
dates from 400AD. Canon 34 (C/A) Bishops of a nation should know who is the first among
them. There will be an agreement among the bishops on common problems ... doxology. First
there was the patriarchal synod with legislative power, then the synod of bishops which does
elections. Either could exercise administrative power. VCII wanted to unite these into one type of
synod. In the former legislation, it was enough to have been elected and confirmed bishop to
participate in the synod, they didn't have to be consecrated.
Members
Synod of bishops of patriarchal church SB/PC all bishops consecrated, can participate. Bishop
can be demoted to priest. In the matter of elections, they always have deliberative vote. Observers
can be invited to the synod by the patriarch, non-bishops, religious superiors, experts.
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Canon 110 Powers of the Synod
Exclusively competent to legislate for whole patriarchal church. Laws obtain force according to
Canon 150.2, - territory - Liturgical laws in force everywhere, disciplinary law in the boundaries
of the patriarchal church. Patriarch promulgates, and he has to promulgate. Canon 111. The
discipline is by the law of the territory. Canon 150.3 epiarchal bishops outside the territory can
decide to confirm the disciplinary law in his epiarchy, or if promulgated by the holy see. This
could limit the deliberative vote of epiarchal bishops who will not be obliged to apply the law.
Same with titular bishops. 110.2 SB/PC is a judicial tribunal see canon 1062 which says bishops
might be elected for 5 years for the administration of justice. 3 persons are moderator for
administration of justice, and two others as judges. They are tasked with to judge about bishops or
epiarchies. Appeal is to SB/PC. In other churches these are judged by the Pope / Rota. SB/PC
only has jurisdiction in the patriarchal territory. SB/PC is not competent for administrative acts,
unless the patriarch allows or the common law reserves it to the synod. Normally administration
is left to the patriarch. No limit to legislative power, except territory, no submission the holy see,
they just inform them. Largest autonomy. Canonicity of the synod Canon 107 says any session is
canonical and valid if a majority of the bishops obliged to attend is present. Only to decide to
canonicity. Canon 104: all bishops convoked have a serious obligation to attend unless they have
already resigned from office. Emeriti aren't required. Some can have an impediment: illness,
penalty, obligation - present reasons in writing to the synod and they will decide legitimacy.
Some might have only 20 bishops in the whole church.
Elections
Elections regard two types of bishops - in an epiarchal see in the territory, they elect directly;
outside the territory, they elect a terna to be submitted to Rome who appoints. - same with major
archiepiscopal churches. All other churches sui iuris have bishops appointed by Rome. VCII said
all get to appoint their own bishops - so the churches started right up with that, especially
Melkite. But Rome said no, no. And the code was more restrictive. Process:
o
Assent of the Roman Pontiff. Canons 182, 184, 185. Members of the synod can propose
members, they may consult presbyters and faithful in secret. The candidates are proposed to the
patriarch, all these candidates are submitted for the assent of the Holy See (Cong. Eastern
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Churches). If no assent, the name is removed. The assent remains valid for future election,
unless removed.
o
Election. Canons 183.3, 72.3 - There are rules for canonicity like those of the synod in normal
session, but here 2/3s are required, rather than simple majority. Bishops are free, so they aren't
limited to the list of candidates, assent of the Roman Pontiff would be sought after. Absolute
majority of those present. Normally a synod is only a gathering of bishops. A diocesan or
eparchal assembly would have other people, so isn't called a synod. There can be differences,
e.g. Maronites only the patriarch proposes, in the Ethiopian church the nuntio proposes. All in
secrecy.
o
Acceptance. Canons 184, 185, 74. If the person is on the list of the assent, they are asked in
secret if they accept, if yes, then the Apostolic See is informed. If no, the assent must be
obtained first.
o
Proclamation and provision of office. Canons 184, 187, 75. Patriarch says your see will be the
epiarchial see of xxx.
o
Profession of Faith and promise of obedience. Canons 187.2, 76. Promise of obedience to
patriarch and pope.
o
Episcopal Ordination Canons 188, 75.
o
Enthronement 188.2, 75. This is taking possession of the office.
Election of the Patriarch
Patriarchal see becomes vacant on death or resignation of the patriarch. Canon 126. Synod
accepts the resignation - consulting the pope, or approaches pope directly. There is not required
age of resignation. Patriarch has collaborators and one will be administrator of the patriarchal
church. He must convoke the bishops in synod to elect the patriarch. Requirement is particular
law and canon 180. All bishops to be convened and all have active votes. All obliged to come and
take part, same rules for canonicity as election for bishops. 2/3 majority is required. If this isn't
concluded in 15 days, it devolves to the Roman Pontiff - he can appoint, negotiate. This happened
recently in the Assyrian Catholic Church. After election, you move to the same procedure as for
bishops. 2 days to accept (bishops have 8 days). Canon 76.2 he requests communion with the RP.
Before he asked for a pallium - which is now a sign of communion and supra episcopal power.
From 1978 on, it has been said it is honorific, and it was abandoned 1998. He can exercise office
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without communion, but shouldn't convoke synod or ordain bishops before he gets ecclesiastical
communion.
Power of the Patriarch
Canon 78 Power is ordinary and proper, but personal, so he cannot delegate a vicar general. If this
were the case, he wouldn't be respecting the choice of the synod. He only has jurisdiction in the
territory. There is no jurisdiction over faithful outside the territory of the patriarchate. However,
they can request special law, particular law approved by the RP. Also, patriarch can do
sacraments out of territory. Patriarchal Vicar outside of territory doesn't make sense - code doesn't
allow. Patriarch can do somethings in his own name: represent juridically the patriarchal church,
make pastoral visitation, but canonical visitation requires consent of the permanent synod (5
bishops, partly elected, partly appointed by the patriarch), ordain: Canon 86, enthrone bishops, act
as eparch as his eparchy, even if no eparchy or exarchy erected (in his territory), stauropegial
monasteries - directly under the patriarch in all matters - liturgy, preaching, ministry, education,
clerics (normally refer to the eparch), he is commemorated in the liturgy (sign of communion fixed penalties). Generally patriarch can't act sua sponte - he generally has to get approval of
synod for: Canon 85: changing provinces or eparchies, consulting the AS, give a coadjutor or
auxiliary or transfer; Canon 98: concordat, with prior and post approval of RP; Canon 99:
establish tribunal that can decided personal status (personal statutes); convoke patriarchal
assembly (bishops, priests and laity);
Territory
Canon 146: territory is where the faithful are and the patriarch has power. There are historical
limits. There is a territory for ALL eastern churches. In case of doubt or modification, synod
investigates and RP resolves. Maronite: ancient limits of the ottoman empire. E.g. in Lebanon,
there are 18 ecclesial communities overlapping.
Privileges and honors Canon 58 Patriarchs of Eastern Churches precede all bishops of any degree
everywhere in the world, with due regard for special norms of precedence established by the Roman
Pontiff. Canon 59, there is an equality, but there is a precedence of honor. Before, the pentarchy sees were
more important; also antiquity of see. There are precedents between cardinals and patriarchs.
Automatically they are part of the college of cardinals (not so interested).
Patriarch Curia Canon 114: there is a double structure one for the patriarchy, one for the eparchy. But
the offices shouldn't be accumulated.
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•
Permanent synod: 5 bishops: 2 epiarchial + 2 others chosen by the synod, the last chosen by the
patriarch. Patriarch of Constantinople had a permanent synod: endemoussa, bishops residing in the
patriarchal residence. Canon 170 - all bishops sign acts of the synod. In the endemoussa each bishop
had a part of the seal. Must be convoked twice a year. If the permanent synod can't be constituted,
Rome is informed and there is an interim structure.
•
Bishops: Canon ### at least three bishops as members of curia. Nothing on their role in the canons
on the curia. But they have a role in the vacancy of the patriarchal see. When eparchial see is vacant,
the patriarch exercises eparchial power till he appoints a successor - after consulting bishops of the
curia - or permanent synod.
•
Tribunals in the Patriarchy - Canon 1063ff, each eparchy has a tribunal, then appeals are to the
metropolitan and third instance is the patriarchal tribunal. Patriarch must erect a patriarchal tribunal
distinct from that of the eparchal see. They can also erect inter-eparchial tribunals, or even
collaborating with other churches sui iuris: Canon 1068.
Patriarchal Finance Officer Canon 122 - appointed by the patriarch with the consent of the permanent
synon, distinct from the eparchal synod, for a term, can't be removed without consent of the entire synod.
Patriarchal Chancellor Canon 123 - presbyter or deacon (same as in eparchy, but not as in latin code).
Liturgical Commission Canon 124 - other commissions may be constituted as well.
Patriarchal Assembly Canons 140ff - Diocesan synod on the level of the patriarchal church.
Consultative to the patriarch and synod of bishops. Covoked: bishops, monastics, religious, university
rectors and deans, from all over the world - every 5 years. Patriarch convokes, but see may become vacant
then synod is suspended. Somewhat like the diocesan synod.
Major Archiepiscopal Churches
CCEO 151 - One step 'down' from patriarchal see. A major archbishop is the metropolitan of a see
determined or recognized by the Supreme Authority of the Church, who presides over an entire Eastern
Church sui iuris not endowed with the patriarchal title. Composed of several metropolitan sees, so he is
super metropolitan, but it doesn't have a patriarchal title, but is similar to that. Most of the patriarchal
canons, apply to them. Two canons on penal law mention the major archbishop. Only one difference:
CCEO 153: election requires confirmation of the pope: confirmation of the person and on the validity of
the
election.
The
term
is
quite
recent.
CCEO 154 Precedence of honor, right after patriarchs and in order of erection as archiepiscopal church.
This is quite a new category of church. Not in 1917 code or motu proprio. Only after Vatican II was the
first
one
created.
There
are
only
four
of
them.
So few canons since most everything is the same as patriarchal churches. Ukrainian wants to become a
patriarchal church. A church sui iuris can modify its status. Some of these four were Metropolitan
Churches, and therefore we have to be aware that a MA church could become Patriarchal.
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Chap III. The Metropolitan CSI (cc. 155-173)
CCEO 155§1 Head is a metropolitan appointed by Roman pontiff and assisted by a hierarchal council.
There is no election. This church can propose candidates to Rome. Council is to ‘assist’ the metropolitan;
functions more or less as the synod of bishops of the patriarchal church.
Ref CCEO 164 Constitution of council of hierarchs: only ordained bishops and all of them in
the CSI except CCEO 953§1 or 1433-1434: penalties.
164§2 Even eparches and coadjutors have deliberative votes, but not necessarily other bishops unless
stipulated in particular law.
All voters have a grave duty to attend; must attend in person, no proxy.
CCEO 166: Quorum if a majority of voters are present; absolute majority needed for passage.
CCEO 167: Competencies
§1: Legislative power; but the council is competent for those matters that are deferred to it by common
law, so this is different from patriarchal synod of bishops.
§2: Must keep the Apostolic See informed of what laws have passed; but must receive a proof from Rome
that they have received them, then can be promulgated. What does this mean? Is it an approval? Or just to
say they got them? Probably the first.
Cf. Ruthenian Church in Pittsburgh: law about married clergy. Not accepted in US. But Ruthenians said
they would allow it. Made the law, sent to Rome and waited for notification. But Rome intervened and
finally Rome required modification of the laws.
Patriarchal church has to inform Rome but no recognition or approval is required.
Metropolitan church has to have approval or recognition before promulgation. No delay is mentioned.
There is no time-frame for Rome to respond, so they really don’t have to. That is not a consent but a
brake.
§4: Administrative acts which usually would be done by the metropolitan himself, but with consent of
council of hierarchs for other types of acts. Metropolitan has very limited competence therefore. No
mention of judicial power.
Name ‘council of hierarchs’ is not quite correct. It does not have a consultative role but a deliberative one
– it votes. Most are not ordinaries even though the name would imply that.
Regarding elections – this council can only elect candidates.
c. 168 Compile lists, be secret, but both metropolitan and bishops are appointed by Rome
c. 169 Pastoral needs by council of hierarchs
c. 170 Convocation
c. 171 Statutes
c. 156 Must ask for a pallium from the Roman Pontiff; can’t convoke or ordain prior to reception of the
pallium. So functions similarly to the ecclesiastical communion of the patriarch.
c. 157: Same as for the patriarch, ordinary and proper power but also personal.
§2 only intra-territorial exercise
c. 158§2: Also eparchal bishop
c. 159 Other competencies
This list in large part corresponds to what a metropolitan can do inside a patriarchal church. But this one
is also head of his church sui iuris. Particular for him is that he can convoke the council of hierarchs. He
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can intervene when the bishop/eparch has neglected to do required actions. Can communicate with the
Roman pontiff as the head of his church sui iuris.
Ref 133: Notice the many similarities
c. 161 Commemorations in liturgy
c. 162
c. 163 ad limina bishop (Patriarch also makes ad limina visit but with no set time frame – but it is
recommended to come with his own bishops)
c. 172 Metropolitan assembly.
Ref c. 140-145 Which apply. There is no metropolitan curia
Ref c. 1064 Tribunals within are the same ones. Limited numbers of faithful.
c. 173: Vacant see – administrator is senior bishop within the church. Lacks the structures of the
patriarchal church.
There is no mention of a need to resign at age 75 (as in the Latin church). Respect for the persons as
heads of churches.
Relative autonomy with the Holy See:
Head
Patriarchal church
Major
archiepiscopal
Metropolitan
Elected and requests ecclesial
communion
Same but
confirmed by
Rome
Appointed by Rome
Legislative Power, Must notify Rome,
Powers of synod of
Liturgical Laws, apply everywhere,
bishops or council of
Discipline inside territory only, Judicial
hierarchs
Power
Legislative Power
according to law
Laws must be
Same as for
received by Rome
Patriarchal Church
All laws are valid
only inside the
territory
Election of bishops
Inside territory: Yes
Same
Appointed by Rome
Election of
candidates
Outside territory: Yes
Same
Appointed by Rome
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Establish Eparchy
In Territory only
Same
Rome
Chap. IV: Other CSI and Collaboration
CCEO 174-176
CCEO 174 Entrusted to a hierarch but presented in a negative way. We know its not that or that. Has a
hierarch, is bound by common law and to the Roman pontiff.
These churches have very few faithful and sometimes only one hierarch. All the churches with no letter
by their name (on the Oriental & Eastern Churches list) are these kinds of churches. Their situations vary.
Sometimes an eparch, sometimes an exarch, sometimes an apostolic administrator (e.g., Albanian
Catholic Church). so very distinct situations. Mainly churches of the byzantine tradition.
Russian Catholic Church is sort of adrift at the moment. We don’t know what the head is, at the moment.
There were apostolic exarchies at one time.
Križevci – former Yugoslavia – has one eparchial bishop.
Macedonian church – recently created and recognized, we don’t know anything about the head of that
church.
Bulgarian, same situation, Greek has 2 exarchs so one of them must be head of the church.
CCEO 175 But they do constitute each a church sui iuris that is immediately subject to Rome. Ref c.159
§§3-8, are by delegation from Rome.
§1 and §2 simply don’t apply to these churches.
CCEO 176 Legislative power: must have consent of the Apostolic See. He can essentially edit the law
but….
If synodality is a characteristic of Eastern churches, where is that in these single head churches? Is it with
the pontiff?
Several of these churches were flourishing before Communism and were either suppressed or lived a sort
of clandestine existence. After Communism the Holy See wanted to support these communities. The thing
now is to see if they survive and grow or if they will die off. These are sort of maintenance churches.
Final subject
CCEO 322: Assemblies of hierarchs of several churches sui iuris. This is the only canon about it.
To promote collaboration between several churches especially when they occupy the same territory.
§1: unity of action is sought, even with the Latin church
§2: no juridically binding force unless….
So normally these are consultative in nature. With some exceptions: can become binding if several
conditions are fulfilled but …. Only if these three conditions are met can they attain binding force.
§3 another safeguard for the independence of each church sui juris
§4 each assembly needs it s own statutes approved by AS. Can even include those who are non-catholic
churches all to promote unity of action.
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Annuaria Pontificio – there are several of these assemblies – Egypt presided by Coptic patriarch,
appointed in 1992; Lebanon by Maronite patriarch. Syria, presided by Greek-Melkite patriarch. Holy
Land presided by Jerusalem (Latin) patriarch, approved 1992 as an experiment. Iraq, part of Chaldean
Church, Iran and Episcopal conference by Archbishop of Isphahan (Latin) approved in 1997.
In these countries it’s very interesting to have this kind of assembly. Can also exist in other countries
outside the territories. Could exist in the United States or Europe. ‘nation’ or ‘region’ doesn’t mean intraterritorial.
A word about the Latin patriarch of Jerusalem - in fact we also have Latin patriarchs,
All these are only honorific titles. But these people are far away from the model we just studied.
Jerusalem in fact is just a diocesan bishop. He does not have a synod of bishops, etc., and this is because
of
the
history
of
the
see.
In history it was a difficult problem – reestablished, abolished, reestablished etc. No power in the sense of
Eastern patriarchs. No precedence equality with eastern patriarchs. Might have some precedence within
the Latin church. Patriarch of Venice.
Interecclesial Questions
Interecclesial questions - CCEO 1 - speaks of eastern catholic churches, unless otherwise expressly
establihed. E.g. 1, . Canon 111-112 on baptism making one a member of a Church (another autonomous
'ritual' Church). Therefore what applies to a CSI (church sui iuris) should also apply to the Latins, even
beyond the 10 canons that say so. CIC 1 - concerns the latin church, but in fact it does speak of patriarchs
at times.
Enrollment in a CSI 29-38.
Baptism One becomes a member of the church by baptism, is incorporated into Christ, into the church, in
a CSI. Previously it was the liturgy of baptism that determined membership in a CSI. In case of 1. fraud,
2. no minister of their rite available, 3. permission of Holy See to change rites. CIC'17 756 - children
follow parents, but somewhat complicated. Now law determines, CIC 111-112, and CCEO 29-38. CCEO
Follows 1. Catholic Father, 2. Catholic, 3. by agreeement with mothers church (Culturally eastern. this is
criticized by eastern hierarchs - but commission stood behind fundamental rights of both parents - it was
abolished in 1988, second plenary assembly, pope reintroduced in final redaction - particular law of
Apostolic See can derogate). CIC: Both latins, or by agreement, they can be latin. Other cases: 1)
Unmarried mother - child follows mother, even in case of marriage invalid before the church, 2)
foundling - ascribed to civilly legitimate caretakers; adoptive, like natural parents, 3) parents unbaptized:
the CSI of the person who educates in catholic faith, e.g. sponsor. Canon 841 or CIC 868 baptism in
danger of death. Completed 14 years can freely select CSI. Canon 588 Catechumen can freely select, but
culturally appropriate church should be recommended - how understand: local culture, ethnic roots. 14th
year is discussed - (however, it is 18 years civilly, but again it is a fundamental rights question, and it was
already promulgated in CIC).Inducement Canon 31, not to induce change in CSI. There is a sanction
Canon 1465. Transfer Canon 32, can transfer with consent (for validity) of Holy See. Congregation for
Eastern Churches is competent. CIC 112: license of holy see (for liceity). THis could end up invalidating
a marriage because of procedure. Easier for latin to change. If both CSIs have a church in the territory,
eparch's consent, consent of the holy see is presumed. Territory - is it national, episcopal conference. The
drafter seems to be thinking of the east. (leaving by formal act - then join eastern? probably tag up with
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own church first.) What about latins? rescript in AAS 26 nov 1992, given latin faithful the possibility of
using canon 32. However, if easterner wants to transfer to the west, it is not clear if they can use this
procedure. Depends if you think CSI means latins; but no explicit mention of Latins. Transfer De
Iuris CCEO - wife can transfer to husband's CSI on marriage. Latin code permits either spouse to change.
CIC 112. Favors unity of rite - but it isn't exactly parallel. She can transfer, but doesn't have to. Canon 34,
if parents transfer, kids under 14 transfer automatically. If only one transfers, the kid can transfer if the
parents agree. Automatic transfers can be undone when the kid becomes 14 (fundamental
rights). Baptized non-Catholics orthodox maintain their rites; protestants. In the former legislation they
had free choice. VCII recommended maintaining the rites. They want to show orthodox that becoming
catholic doesn't mean becoming latin. RomanReplies: Armenian woman living as a latin, received, she
knew she had to be Armenian Catholic becaue her parish was 600 miles distant, but went to Rome, and
asked to be latin, The armenian church is mingled with the nation so it is a delicate question, so they
didn't accept the transfer (human rights). Protestant - should go to Latin, if you apply the CCEO to the
Latin code - Lacuna legis. Form Canon 36 before local hierarch or proper pastor or priest delegated and
two witnesses. Canon 37 - record in baptismal record or CSI. Canon 38 attending church doesn't change
ascription. Observance Canon 39-41 - Richness of tradition, Hierarchs preserve patrimony, 41 - latins are
obliged to know and respect easterner's rights.
Pastoral Care in Diapora
Canon 148 patriarch has right and obligation to get info on diaspora - even through a visitor. 1. assent of
Holy See, 2. present to eparch. 3. Report to patriarch and council. 4. can make recommendations to Holy
See, even to erect eparchies or parishes. Article 59 Pastor Bonus - Cong. for Eastern Churches visitors,
aids in establishing hierarches. These are often bishop and celebrate sacraments. Exarchy is an eparchy
wannabe, like apostolic vicariate, etc. Canon 311 ff Normally patriarch is limited to his territory for
validity. He can ordain and enthrone extraterritorial hierarchs. Extraterriotrial hierarchs liturgical law is
in force everywhere, but disciplinary law is limited to territory, but Canon 150: EH, can adopt this
disciplinary law. Canon 206: 5 year report to Rome and if Patriarchal or Metropolitan, they get a copy as
well. Major archbishop is included here. Canon 208: territorial to visit tombs, if possible when patriarch
visits. Canon 210 submit resignation @ 75 to roman pontiff, and inform patriarch. No metropolitan for
extraT - so eparch requests this. Vacant See Protosyncellus, convokes college, elect a administrator.
Exarchy is a little different - it' smaller. it just goes to protosyncellus, or senior priest. They may be
invited to episcopal conference, but only with consultative vote. But episcopal conference statutes can
give them more rights. Armenian eparch is directly under the holy see - Ukrainian eparch is 'like' a
suffragan of the Archbishop of Paris. Ukranian has cummulative power - if he has jurisdiction over those
in Lyon, he also has to be aware that the bishop of lyon may have rights; e.g. in erecting parishes. Exarch
had been cummulative power, eparch is often exclusive. Ecclesiastical Tribunal In France the exarch of
Ukrainians said his people could address the latin tribunal locally or the archdiocese of Paris as ordinary
for easterners without their own bishop. Armenian eparch, for a time Rome said local tribunals are
competent, but he isn't sure now. Process law follows tribunal, grounds of nullity should follow eastern
code. ET exarch / eparch can creat parishes, or designate another CSI probably even latin.
Eastern Faithful entrusted to another CSI
Hierarch if there is no eparch, then the local hierarch. If several, Apostolic see designates, or Patriarch.
CIC 383.2 Latin bishop to care for easterners in his church. VCII CD23. CIC 476, 383, Episcopal Vicar
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can be appointed, but need not be same rite. Priest celebrates in his own rite, unless there is special faculty
in apostolic see - biritualism. CIC 383 = Canon 192 more detailed than the latin canon, earlier draft said
even a latin bishop should do this (pope took this out). There should be a plan, consulting patriarchs.
Mainly applies to easterners, but may be a guide for latin bishops. There is a paragraph about eastern
migrants in an instruction - even if 193.3, doesn't apply directly to latin bishops, it should be applied by
analogy. date: 3 may 2004. Canon 207 - hierarchs 5 yr report on eastern Catholics living in their local
church. Clerical Formation Canon 328 Seminarians of several churches in the same seminary. Normally every local church has its own seminary, if not possible they can have a common seminary.
Formation program should be adapted, especially liturgy. Even if not applied to latin seminaries
explicitly, it seems it should apply. Canon 327 - several eastern churches still have minor orders: who can
confer, when are they conferred? Canon 747-8: Bishop of eparchy of residence or eparchy where cleric
will serve can ordain. If bishop isn't same rite, he needs permission of the holy see. Instr. for Appying
CCEO - published in US 1976 - for liceity. If it's not resident or incardination bishop, he needs
dimissorial letters Canon 752. CIC 101 - jurisdiction and membership in the same church. The CCEO
speaks of ascription, not incardination. Eastern cleric can be ascribed in a latin diocese - esp if they are
second or third generation migrant. Married Clergy Coptic and Syro-Malabar don't have married clergy,
unless they come from Orthodox. Some latinization in some churches. Canon 373 Priestly celibacy is
esteemed by the entire church, married clergy in primitive church and eastern church through the ages =
honor. Ordination Canon 758.3 - governed by CSI. Canon 769: consent of wife and certificate of marriage
required. 192.5 provide for cleric and family, if married. CCEO Protopresbyter - vicar forane, cares for
priests and families. Parish priest - have to have good morals in family as well. 19th Century, many
eastern faithful went to US with their own clergy. Thought the latin faithful would be misunderstand.
Asked Rome for only celibate clergy, first for Ruthenians. 1890. 1913 norms for Canada - only celibate to
be ordained. Then 1929-1930 3 decrees of Cong. for Eastern Churches prohibiting married clergy in US.
Later enlarged to other churches in US, then other regions. Now prohibition for married clergy in
Americas and Australia. CCEO 6 abolished contrary canons - Cong. for Eastern Churches still prohibition
for married clergy stands - as if this would prevent married clergy in the Latin. Eastern Catholics convert
to Orthodox over this. So the rule is becoming ignored. Ordinariate of Eastern Faithful for those
without their own bishop. In Paris in 1954. cared for seminarians, erected parishes, report to holy see.
Cummulative jurisdiction. This has been problematic, the eastern ordinary is higher, but they have to get
agreement of local ordinary for some decisions for validity, e.g. erection of parishes, and nomiation of
parish priest. There are a lot of practical problems of visas for clergy and religious. It isn't automatically
the ordinary of the Latins. Eastern code doesn't speak of this, it's only the 906.5 the entrusting of them to
the local hierarch. Along the law praeter ius.
Marriage
Theology and Concept of Marriage CCEO 776 definition of natural marriage and theology of marrige.
.2 on Xn marriage. CIC mixes natural and christian marriage, and introduces the notion of contract. God
is the actor in the marriage - Modeled on Christ / Church. Consecrated spouses. General Rules Canon
780 Marriage of catholics goverened by canon law. 780.2 Says non-catholic christian partner's marriage is
observed. "Churches" have 'real bishops', ecclesial communities have only spiritual succession, so canon
law doesn't recognize this. Apply impediments of non-catholic christian. Apply: divine law, catholic law,
proper law of partner, civil law of place of celebration of marriage. Canon 781 Validity / nullity is based
on law that applied at the time of marriage. Consent must be public before an official. If eastern orthodox,
there must be a sacred rite. Dignitas Conubii 2005. Instruction concerns only latin tribunals. This picks up
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notions from CCEO. Form for Celebration Canon 828 Many differences. Rite: assisting by hierarch or
pastor and blessing. Can be delegated priest. Blessing has a juridical value, whereas latin is more consent
focused. Canon 829: competence, in canonical possession, validly bless in territory, if one is ascribed in
the CSI. Patriarch anywhere in the world for members of his CSIthough normally his power is limited to
territory. Can delegate in their territory, to another priest, even another CSI even a latin. Place west has
historical preference for parish of bride, but this is gone now. Canon 831.2 prefers parish of Groom.
Canon 832 if no possibility for priest: danger of death, or 1 month, before two witnesses. Canon 835
Dispensation from Apostolic see or Patriarch, for a most grave cause - in latin code, the bishop can
dispense. Canon 837 marriage by proxy (this is from contract law) it isn't possible to have a spiritual
proxy. Impedimentsonly those for validity are listed. Canon 800ff. Abducted 'person' can't marry, in the
west it is an abducted 'woman'. Canon 790 An impediment for one is an impediment for the marriage.
Canon 809 - Affinity invalidates a marriage in the direct line in any degree whatsoever; in the collateral
line, in the second degree. - the collateral impediment isn't in the Latin. Canon 811 spiritual relationship is
an impediment (sponsor & parents). No conditional marriage (more nuanced in west). In conflict of laws,
work out. 813-816. Form of Celebration Canon 833 form of communicatio in sacris - similar to latin
code.
Monastic and Religious Life
Transfer in Monasteries
8° Transfer to Another Monastery
Canon 487 - §1. A member cannot transfer from one monastery sui iuris to another of the same
confederation without written permission of the president of the confederation.
§2. For a transfer from a non-confederated monastery to another monastery subject to the same
authority, the permission of the same authority is required; but if the monastery to which the transfer
is sought is subject to another authority, the permission of this authority is also required.
§3. The patriarch, the eparchial bishop and the president of the confederation cannot grant this
permission except after having consulted the superior of the monastery sui iuris from which the
transfer is sought.
§4. For a valid transfer to a monastery of another Church sui iuris the permission of the Apostolic
See is required.
§5. The transfer occurs by the admission of the superior of the new monastery sui iuris with the
consent of the synaxis.
Canon 488 - §1. The one who transfers to another monastery sui iuris of the same confederation does not
make the novitiate nor make a new profession, and from the day of the transfer he loses all rights and is
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released from the obligations towards the previous monastery and takes on the rights and duties of the
second, and is enrolled in it as a cleric, if he is a cleric.
§2. The one who transfers from one monastery sui iuris to another monastery sui iuris that does not
belong to any confederation or belongs to a different one shall observe the prescription of the typicon
of the monastery to which he or she transfers in respect to the obligation to make a novitiate and
profession. If there is no provision for it in the typicon, the person does not make the novitiate nor a
new profession, but the effects take place from the day of transfer, unless the superior of the
monastery requires the person to go through some probationary period, not longer than a year, in the
new monastery. When the probationary time has passed, he or she either shall be enrolled
permanently in the new monastery by the Superior with the consent of the council or synaxis in
accordance with the typicon, or shall return to the previous monastery.
§3. In the transfer from a monastery sui iuris to an order or congregation cann. 544 and 545 are to be
observed, with the necessary adaptations.
§4. The monastery sui iuris from which the member transferred keeps the goods which had been
already acquired by it because of or through the member. In respect to a dowry, it belongs to the
monastery to which transfer occurs, from the day of the transfer, without the revenues that have
accrued.
Can. 487 - §1. Sodalis non potest transire a monasterio sui iuris ad aliud eiusdem confoederationis sine
consensu scripto dato Praesidis confoederationis.
§2. Ad transitum a monasterio non confoederato ad aliud monasterium eidem auctoritati subiectum
requiritur consensus eiusdem auctoritatis; si vero monasterium, ad quod transitus fit, alii auctoritati
subiectum est, requiritur etiam consensus huius auctoritatis.
§3. Patriarcha, Episcopus eparchialis et Praeses confoederationis hunc consensum dare non possunt
nisi consulto Superiore monasterii sui iuris, a quo transitus fit.
§4. Ad validitatem transitus ad monasterium alterius Ecclesiae sui iuris requiritur insuper consensus
Sedis Apostolicae.
§5. Transitus fit admissione a Superiore novi monasterii sui iuris de consensu Synaxis concessa.
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Can. 488 - §1. Transiens ad aliud monasterium sui iuris eiusdem confoederationis nec novitiatum peragit
nec novam professionem emittit et a die transitus amittit iura et solvitur ab obligationibus prioris
monasterii, alterius iura et obligationes suscipit et, si clericus est, eidem etiam ut clericus ascribitur.
§2. Transiens a monasterio sui iuris ad aliud monasterium sui iuris ad nullam vel ad diversam
confoederationem pertinens servet praescripta typici monasterii, ad quod fit transitus, circa
obligationem peragendi novitiatum et emittendi professionem; si vero in typico de re non cavetur,
nec novitiatum peragit nec novam professionem emittit, sed effectus transitus locum habent a die,
quo transitus fit, nisi Superior monasterii ab eo exigit, ut aliquod tempas non ultra annum
experimenti causa in monasterio transigat; transacto experimenti tempore aut a Superiore de
consensu sui consilii vel Synaxis ad normam typici stabiliter novo monasterio ascribatur aut ad
pristinum monasterium redeat.
§3. In transitu a monasterio sui iuris ad ordinem vel congregationem serventur congrua congruis
referendo cann. 544 et 545.
§4. Monasterium sui iuris, a quo sodalis discedit, bona servat, quae ipsius sodalis ratione iam ei
quaesita sunt; quod spectat ad dotem, ea debetur sine fructibus iam maturis a die transitus
monasterio, ad quod transitus fit.
Transfer to another Institute
Canon 544 - §1. Within the territorial boundaries of the patriarchal Church a member can validly transfer
to another religious institute with the written permission of the patriarch and with the consent of his or her
own superior general and the superior general of the order or congregation to which he or she wishes to
transfer, or, if a member wants to transfer to a monastery, of the superior of the monastery sui iuris; for
the granting of their consent, the superiors require the previous consent of their council or, in a monastery,
of the synaxis.
§2. A member can validly transfer from a congregation of eparchial right to another religious
institute of eparchial right with the written consent of the eparchial bishop of the place where the
main house of the religious institute to which the transfer is to be made, after consultation with the
superior general of the congregation from which the transfer is to be made, with the consent of the
superior general of the congregation or the superior of the monastery sui iuris to which he or she
transfers. For the granting of this consent the superiors need the prior consent of their council or, in a
monastery, of the synaxis.
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§3. In other cases the member cannot validly transfer to another religious institute without the
consent of the Apostolic See.
§4. The consent of the Apostolic See is required for the validity of a transfer to a religious institute of
another Church sui iuris.
Canon 545 - §1. The one who transfers must go through the entire novitiate, except if the superior general
or the superior of the monastery sui iuris, each of them with the consent of the council, on account of
special circumstances, reduces the time of the novitiate, but not below six months. During the novitiate,
the vows remaining in force, the rights and particular obligations which the member had in the previous
order or congregation are held suspended, and the member is bound by the obligation to obey the
superiors of the new religious institute and the director of novices also in virtue of the vow of obedience.
§2. After having completed the novitiate, one who was perpetually professed at the moment of
transfer shall publicly make profession according to the statutes of the religious institute to which he
or she transferred. By this new profession one is fully united to the new institute, and, if he is a cleric,
he is enrolled in it as a cleric as well. But one who has thus far made temporary profession, shall
make a temporary profession in the same manner for at least three more years, except in the case
when he or she completed the entire novitiate of three years in the monastery sui iuris to which he or
she transferred.
§3. If the member does not make the profession in the religious institute to which he or she
transferred, that member must return to the previous institute, unless in the meantime the time of
profession has expired.
§4. In respect to goods and dowry can. 488, §4 shall be observed.
Canon 562 - §1. In the case of transfer to another society of living in common according to the manner of
religious or to a religious institute, the consent is required of the superior general of the society from
which the transfer is being made and, if it is in regard to a transfer to a society of another Church sui iuris,
also the consent of the Apostolic See.
§2. A member who moves to another religious institute must go through the entire novitiate and is
equivalent to other novices of the institute; with respect to profession, the statutes of the new institute
are to be followed.
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§3. Without prejudice to cann. 497 and 498, in order to dismiss a member after perpetual
incorporation, the superior general is competent, observing cann. 500-503, but a temporarily
incorporated member is to be dismissed in accordance with can. 552.
§4. It shall be determined in the statutes of the society the authority who is to dispense from the
sacred bond.
Canons on Marriage
Marriage
Canon 776 – §1. The matrimonial covenant, established by the Creator and ordered by His laws, by which
a man and woman by an irrevocable personal consent establish between themselves a partnership of the
whole of life, is by its nature ordered toward the good of the spouses and the generation and education of
the offspring.
§2. From the institution of Christ a valid marriage between baptized persons is by that very fact a
sacrament, by which the spouses, in the image of an indefectible union of Christ with the Church, are
united by God and, as it were, consecrated and strengthened by sacramental grace.
§3. The essential properties of marriage are unity and indissolubility, which in a marriage between
baptized persons obtain a special firmness in virtue of the sacrament.
Canon 777 – From marriage each of the spouses has equal obligations and rights to those things which
pertain to the partnership of conjugal life.
Canon 778 – All persons can enter into marriage who are not prohibited by law.
Canon 779 – Marriage enjoys the favor of the law; consequently, in doubt, the validity of a marriage is to
be upheld until the contrary is proven.
Canon 780 – §1. Even if only one party is Catholic, the marriage of Catholics is regulated not only by
divine law but also by canon law, with due regard for the competence of civil authority concerning the
merely civil effects of such a marriage.
§2. In addition to divine law, marriage between a Catholic and a baptized non-Catholic is also regulated
by:
1° the law proper to the Church or ecclesial community to which the non-Catholic belongs, if that
community has its own matrimonial law;
2° the law that binds the non-Catholic, if it is an ecclesial community, if proper matrimonial law is
lacking.
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Canon 781 – If the Church must judge the validity of a marriage between baptized non-Catholics:
1° there is to be concern for the law by which the parties were bound at the time of the celebration of
marriage
in
the
light
of
can.
780,
§2;
2° with regard to the form of the celebration, the Church recognizes any form prescribed or admitted by
the law to which the parties were subject at the time of the celebration of the marriage, provided that the
consent be expressed in a public form and, when at least one of the parties is a baptized member of an
Eastern non-Catholic Church, the marriage be celebrated with a sacred rite.
Canon 782 – §1. Engagements, which praiseworthily precede marriage in the ancient tradition of the
Eastern Churches, are governed by the particular law of each Church sui iuris.
§2. From the promise of marriage there does not arise an action to seek the celebration of marriage;
however, there does arise an action for the reparation of damages, if it is warranted.
Art. I. Pastoral Care and Those Things That Must Precede the Celebration of Marriage
Canon 783 – §1. Pastors of souls are obliged to see to it that the Christian faithful are prepared for the
matrimonial
state:
1° by preaching and catechesis adapted to youths and adults, by which the Christian faithful are instructed
concerning the meaning of Christian marriage and the obligations of spouses to each other and the
primary right and obligation which parents have of doing all in their power to see to do the physical,
religious,
moral,
social
and
culture
upbringing
of
their
children;
2° by personal preparation of the parties for the marriage, by which they may be predisposed to that new
state.
§2. It is strongly recommended to the Catholic parties that they receive the Divine Eucharist in
celebrating the marriage.
§3. After the marriage has been celebrated, pastors of souls should provide assistance to the couple, so
that, while faithfully maintaining and protecting the conjugal covenant, they may day by day come to lead
holier and fuller lives in their families.
Canon 784 – In the particular law of each Church sui iuris, after consultation with the eparchial bishops of
other Churches sui iuris exercising power in the same territory, norms are to be issued concerning the
examination of the parties and other means for inquiries which are to be carried out before the marriage,
especially those which concern baptism and the freedom to marry, which are to be diligently observed so
that the celebration of the marriage can proceed.
Canon 785 – §1. Pastors of souls are obliged according to the needs of the times and place to prevent with
suitable means every danger of an invalid or illicit celebration of marriage, and thus, before the marriage
is celebrated, it must be established that nothing stands in the way of its valid and licit celebration.
§2. In danger of death, if other means of proof cannot be obtained and there are no contrary indications,
the affirmation of the spouses is sufficient, even under oath if the case warrants it, that they have been
baptized and that they are not held back by any impediment.
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Canon 786 – All the Christian faithful are obliged to reveal any impediments they are aware of to the
pastor or the local hierarch before the celebration of the marriage.
Canon 787 – The pastor who conducted the investigation is to notify immediately, through an authentic
document, the pastor who must bless the marriage of the results of the investigation.
Canon 788 – If after a diligent investigation there persists a doubt concerning the existence of an
impediment, the pastor is to defer the matter to the local hierarch.
Canon 789 – Although the marriage can be entered validly with regard to other matters, the priest, beyond
the other cases defined by law, without the permission of the local hierarch, is not to bless:
1° the marriage of transients;
2° a marriage which cannot be recognized or entered into according to the norms of civil law;
3° a marriage of a person who is bound by natural obligations toward a third party or toward children
arising from a prior union with that party;
4° a marriage of a minor child of a family whose parents are unaware of or opposed to the marriage;
5° the marriage of one who is forbidden by an ecclesiastical sentence to enter into a new marriage unless
the person fulfills certain conditions;
6° a marriage of a person who has publicly rejected the Catholic faith, even if that person did not become
a member of a non-Catholic Church or ecclesial communion; the local hierarch in this case will not grant
permission unless the norms of can. 814 are observed, making any necessary adaptations.
Art. II. Diriment Impediments in General
Canon 790 – §1. A diriment impediment disqualifies a person from contracting marriage validly.
§2. An impediment, even if only one of the two parties has it, still renders the marriage invalid.
Canon 791 – An impediment which can be proven in the external forum is considered to be a public one;
otherwise it is an occult one.
Canon 792 – The particular law of any Church sui iuris will not establish a diriment impediment, unless
for a most serious reason, after taking the counsel of other eparchial bishops of other Churches sui iuris to
whom it is of interest and after consultation with the Apostolic See; no lower authority, however, can
establish diriment impediments.
Canon 793 – A custom which introduces a new impediment or is contrary to existing impediments is
reprobated.
Canon 794 – §1. In a special case, the local hierarch can prohibit the marriage of the Christian faithful
subject to him wherever they are and also of other Christian faithful of his own Church sui iuris actually
present within the territorial boundaries of his eparchy, but only for a time, for a serious cause and as long
as that cause exists.
§2. If the local hierarch is one who exercises his power within the territorial boundaries of the patriarchal
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Church, the patriarch can add an invalidating clause to a prohibition; in other cases only the Apostolic See
can do so.
Canon 795 – §1. The local hierarch can dispense the Christian faithful subject to him wherever they are as
well as other Christian faithful enrolled in another Church sui iuris actually present within the territorial
boundaries of his eparchy from impediments of ecclesiastical law except those which follow:
1° holy orders;
2° public perpetual vows of chastity in a religious institute, unless it is a case of congregations of
eparchial right;
3° conjugicide.
§2. Dispensation from these impediments is reserved to the Apostolic See; however, the patriarch can
dispense from the impediment of conjugicide as well as of the one of public perpetual vow of chastity
made in congregations of any juridical condition.
§3. A dispensation is never given from the impediment of consanguinity in the direct line or in the second
degree of the collateral line.
Canon 796 – §1. In danger of death, the local hierarch can dispense the Christian faithful subject to him
wherever they are and other Christian faithful actually present within the territorial boundaries of his
eparchy from the form to be observed in the celebration of marriage, and from each and every
impediment of ecclesiastical law, whether public or occult, except the impediment of the sacred order of
priesthood.
§2. In the same situation and only for those cases in which the local hierarch cannot be reached, the
following have the same power: the pastor; another priest endowed with the faculty of blessing the
marriage and the Catholic priest mentioned in can 832, §2; the confessor, if it is a question of an occult
impediment for the internal forum, whether within or outside the act of sacramental confession.
§3. The local hierarch is not considered to be accessible if he can be contacted only by means other than
letter or personal access.
Canon 797 – §1. If an impediment is discovered after everything is prepared for the celebration of the
marriage and the marriage cannot be delayed without probable danger of serious harm until a dispensation
is obtained from the competent authority, the power of dispensing from all impediments except those
mentioned in can. 795, §1, nn. 1 and 2 is held by the local hierarch and, provided the case is occult, all
persons mentioned in can. 796, §2, observing all the conditions prescribed in the canon.
§2. The faculty is also operative for the convalidation of a marriage if there is the same danger in delay
and there is not sufficient time to have recourse to the competent authority.
Canon 798 – The priests mentioned in cann. 796, §2 and 797, §1 are to inform immediately the local
hierarch of a dispensation or convalidation granted for the external forum and it is to be recorded in the
marriage register.
Canon 799 – Unless there is a contrary determination in a rescript of the Apostolic See or of the patriarch
or local hierarch within the limits of his competency, a dispensation from an occult impediment granted in
the internal non-sacramental forum is to be recorded in the secret archive of the eparchial curia; no other
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dispensation for the external forum is necessary, even if the occult impediment should become public
later.
Art. III. Impediments Specifically
Canon 800 – §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 validly celebrate a marriage.
§2. It is within the power of the particular law of any Church sui iuris to establish an older age for the licit
celebration of marriage.
Canon 801 – §1. Antecedent and perpetual impotence to have sexual intercourse, whether on the part of
the man or of the woman, which is either absolute or relative, of its very nature invalidates a marriage.
§2. If the impediment of impotence is doubtful, either by reason of doubt of law or of a doubt of fact, the
marriage is neither to be impeded nor is it to be declared null as long as the doubt exists.
§3. Sterility neither prohibits nor invalidates marriage, with due regard for can. 821.
Canon 802 – §1. A person who is held to a bond of a prior marriage invalidly attempts marriage.
§2. Even if the first marriage is invalid or dissolved for any reason, it is not licit to celebrate another
marriage before the invalidity or dissolution of the first is legitimately and certainly established.
Canon 803 – §1. Marriage with a non-baptized person cannot validly be celebrated.
§2. If at the time of the celebration of the marriage the party was commonly held to be baptized or his or
her baptism was doubtful, the validity of the marriage is to be presumed, according to the norm of can.
779, until it is proven with certainty that one party was baptized and the other was not.
§3. Concerning the conditions for dispensing, can. 814 is to be applied.
Canon 804 – Persons who are in holy orders invalidly attempt marriage.
Canon 805 – Persons who are bound by a public perpetual vow of chastity in a religious institute invalidly
attempt marriage.
Canon 806 – No marriage can take place with a person who is abducted or at least detained for the
purpose of entering into marriage, unless the person freely chooses marriage after having been separated
from the abductor or detainer and is in a safe and free place.
Canon 807 – §1. A person who, with the intention of celebrating marriage with a certain person, brings
about the death of that person’s spouse or one’s own spouse, invalidly attempts this marriage.
§2. They also invalidly attempt marriage between themselves who have brought about the death of a
spouse through mutual physical or moral cooperation.
Canon 808 – §1. In the direct line of consanguinity marriage is invalid between all ancestors and
descendants.
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§2. In a collateral line of consanguinity, marriage is invalid up to and including the fourth degree.
§3. Marriage is never permitted if there is any doubt whether the parties are related through consanguinity
in any degree of the direct line or in the second degree of the collateral line.
§4. The impediment of consanguinity is not multiplied.
Canon 809 – §1. Affinity invalidates a marriage in the direct line in any degree whatsoever; in the
collateral line, in the second degree.
§2. The impediment of affinity is not multiplied.
Canon 810 – §1. The impediment of public propriety arises:
1° from an invalid marriage after common life has been established;
2° from notorious or public concubinage;
3° from the establishment of common life of those who although bound to a required form for the
celebration of marriage, attempted it before a civil official or non-Catholic minister.
§2. This impediment invalidates marriage in the first degree of the direct line between a man and the
blood relatives of the woman and between a woman and the blood relatives of the man.
Canon 811 – §1. From baptism there arises a spiritual relationship between a sponsor and the baptized
person and the parents of the same that invalidates marriage.
§2. If a baptism is repeated under condition, a spiritual relationship does not arise, unless the same
sponsor was employed for the second ceremony.
Canon 812 – They cannot validly contract marriage between themselves who are related in the direct line
or in the second degree of the collateral line through a legal relationship arising from adoption.
Art. IV. Mixed Marriages
Canon 813 – Marriage between two baptized persons, one of whom is Catholic and the other of whom is
non-Catholic, is prohibited without the prior permission of the competent authority.
Canon 814 – For a just reason the local hierarch can grant permission; however he is not to grant it unless
the following conditions are fulfilled:
1° the Catholic party declares that he or she is prepared to remove dangers of falling away from the faith
and makes a sincere promise to do all in his or her power to have all the offspring baptized and educated
in the Catholic Church;
2° the other party is to be informed at an appropriate time of these promises which the Catholic party has
to make, so that it is clear that the other party is truly aware of the promise and obligation of the Catholic
party;
3° both parties are to be instructed on the essential ends and properties of marriage, which are not to be
excluded by either spouse.
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Canon 815 – The particular law of each Church sui iuris is to establish the manner in which these
declarations or promises, which are always required, are to be made, what proof of them there should be
in the external forum and how they are to be brought to the attention of the non-Catholic party.
Canon 816 – Local hierarchs and other pastors of souls are to see to it that the Catholic spouse and the
children born of a mixed marriage do not lack spiritual assistance in fulfilling their spiritual obligations,
and are to assist the spouses in fostering the unity of conjugal and family life.
Art. V. Matrimonial Consent
Canon 817 – §1. Matrimonial consent is an act of the will by which a man and woman, through an
irrevocable covenant, mutually give and accept each other in order to establish marriage.
§2. No human power can replace this matrimonial consent.
Canon 818 – They are incapable of contracting marriage:
1° who lack the sufficient use of reason;
2° who suffer from grave lack of discretion of judgment concerning essential matrimonial rights and
duties which are to be mutually given and accepted;
3° who are not capable of assuming the essential obligations of matrimony due to causes of a psychic
nature.
Canon 819 – For matrimonial consent to be valid it is necessary that the contracting parties at least not be
ignorant that marriage is a permanent consortium between a man and a woman which is ordered toward
the procreation of offspring by means of some sexual cooperation.
Canon 820 – §1. Error concerning the person renders marriage invalid.
§2. Error concerning a quality of a person, even if such error is the cause of the contract, does not
invalidate matrimony unless this quality was directly and principally intended.
Canon 821 – A person contracts invalidly who enters marriage deceived by fraud, perpetrated to obtain
consent, concerning some quality of the other party which of its very nature can seriously disturb the
partnership of conjugal life.
Canon 822 – Error concerning the unity, indissolubility or sacramental dignity of matrimony does not
vitiate matrimonial consent so long as it does not determine the will.
Canon 823 – The knowledge or opinion of the nullity of a marriage does not necessarily exclude
matrimonial consent.
Canon 824 – §1. The internal consent of the mind is presumed to be in agreement with the words or signs
employed in celebrating matrimony.
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§2. But if either or both parties through a positive act of the will should exclude marriage itself, some
essential element or an essential property of marriage, it is invalidly contracted.
Canon 825 – A marriage is invalid if it is entered into due to force or grave fear inflicted from outside the
person, even when inflicted unintentionally, which is of such a type that the person is compelled to
choose matrimony in order to be freed from it.
Canon 826 – Marriage based on a condition cannot be validly celebrated.
Canon 827 – Even if a marriage was entered invalidly by reason of an impediment or defect of form for
the celebration of marriage required by law, the consent which was furnished is presumed to continue
until its revocation has been proved.
Art. VI. The Form for the Celebration of Marriage
Canon 828 – §1. Only those marriages are valid which are celebrated with a sacred rite, in the presence of
the local hierarch, local pastor, or a priest who has been given the faculty of blessing the marriage by
either of them, and at least two witnesses, according, however to the prescriptions of the following
canons, with due regard for the exceptions mentioned in cann. 832 and 834, 2.
§2. That rite which is considered a sacred rite is the intervention a priest assisting and blessing.
Canon 829 – §1. From the day of taking canonical possession of office and as long as they legitimately
hold office, everywhere within the boundaries of their territory, local hierarchs and pastors validly bless
the marriage of parties whether they are subjects or non-subjects, provided that at least one of the parties
is enrolled in his Church sui iuris.
§2. The hierarch and the personal pastor, by virtue of their office, only validly bless marriages within the
boundaries of their jurisdiction when at least one of the parties is a subject.
§3. By the law itself, the patriarch is endowed with the faculty to personally bless marriages anywhere in
the world, as long as at least one of the parties is enrolled in the Church over which he presides, observing
the other requirements of law.
Canon 830 – §1. As long as they legitimately hold office, the local hierarch and the pastor can give the
faculty to bless a determined marriage within their own territorial boundaries to priests of any Church sui
iuris, even the Latin Church.
§2. However, only the local hierarch can give a general faculty for blessing marriages with due regard for
can. 302, §2.
§3. In order that the conferral of the faculty for blessing a marriage be valid, it must be expressly given to
specified priests; further, if the faculty is general, it must be given in writing.
Canon 831 – §1. The local hierarch or pastor licitly blesses a marriage:
1° after he has established the domicile, quasi-domicile, or month-long residence, or, if it is a case of a
transient, actual residence of either party in the place of the marriage;
2° if, when these conditions are lacking, he has the permission of the hierarch or pastor of the domicile or
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quasi-domicile of either of the parties, unless a just cause excuses;
3° also, a place exclusively of another Church sui iuris, unless the hierarch who exercises power in that
place expressly refuses.
§2. The marriage is to be celebrated before the pastor of the groom, unless either particular law
determines otherwise or a just cause excuses.
Canon 832 – §1. If one cannot have present or have access to a priest who is competent according to the
norm of law without grave inconvenience, those intending to celebrate a true marriage can validly and
licitly celebrate it before witnesses alone:
1° in danger of death;
2° outside the danger of death, as long as it is prudently foreseen that such circumstances will continue for
a month.
§2. In either case, if another priest, even a non-Catholic one, is able to be present, inasmuch as it is
possible he is to be called so that he can bless the marriage, without prejudice for the validity of a
marriage in the presence only of the witnesses.
§3. If a marriage was celebrated in the presence only of witnesses, the spouses shall not neglect to receive
the blessing of the marriage from a priest as soon as possible.
Canon 833 – §1. The local hierarch can give to any Catholic priest the faculty of blessing the marriages of
the Christian faithful of an Eastern non-Catholic Church if those faithful cannot approach a priest of their
own Church without great difficulty, and if they spontaneously ask for the blessing as long as nothing
stands in the way of a valid and licit celebration.
§2. Before he blesses the marriage, the Catholic priest, if he is able, is to inform the competent authority
of those Christian faithful of the fact.
Canon 834 – §1. The form for the celebration of marriage prescribed by law is to be observed if at least
one of the parties celebrating the marriage was baptized in the Catholic Church or was received into it.
§2. If, however, a Catholic party enrolled in some Eastern Church celebrates a marriage with one who
belongs to an Eastern non-Catholic Church, the form for the celebration of marriage prescribed by law is
to be observed only for liceity; for validity, however, the blessing of a priest is required, while observing
the other requirements of law.
Canon 835 – Dispensation from the form for the celebration of marriage required by law is reserved to the
Apostolic See or the patriarch, who will not grant it except for a most grave reason.
Canon 836 – Outside the case of necessity, in the celebration of marriage the prescriptions of the liturgical
books and the legitimate customs are to be observed in the celebration of marriage.
Canon 837 – §1. For the valid celebration of marriage, it is necessary that the parties be present at the
same time and mutually manifest marriage consent.
§2. Marriage cannot be validly celebrated by proxy unless the particular law of one’s own Church sui
iuris establishes otherwise, in which case it must provide the conditions under which such a marriage may
be celebrated.
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Canon 838 – §1. Marriage is to be celebrated in a parish church, or with the permission of the local
hierarch or pastor, in another sacred place; however, it cannot be celebrated in other places without the
permission of the local hierarch.
§2. Concerning the time of the celebration of marriage, the norms to be observed are those established in
the particular law of each Church sui iuris.
Canon 839 – Before or after the canonical celebration of marriage, it is forbidden to have another
religious celebration of the same marriage to furnish or renew consent; likewise, a religious celebration is
forbidden in which both the Catholic priest and non-Catholic minister ask for the consent of the parties.
Canon 840 – §1. Permission for a secret marriage can be granted by the local hierarch for a serious and
urgent reason and also includes the grave obligation of observing secrecy on the part of the local hierarch,
the pastor, the priest who was granted the faculty of blessing the marriage, witnesses, and the one spouse
if the other does not consent to revealing it.
§2. The obligation of observing secrecy ceases on the part of the local hierarch if serious scandal or
serious harm to the sanctity of marriage is threatened by the observance of secrecy.
§3. A marriage which is secretly celebrated is to be recorded only in the special register which is to be
kept in the secret archive of the eparchial curia unless a most grave reason prevents it.
Canon 841 – §1. After the celebration of the marriage, the pastor of the place of celebration or the person
who acts in his place, even if neither blessed the marriage, should record as soon as possible in the
marriage register the names of the parties, the priest who blessed the marriage and the witnesses, the place
and date of the celebration of the marriage and, as the case may be, dispensation from form or from other
impediments, the name of the grantor of the dispensations together with the name of the impediment and
its degree, the granting of the faculty for blessing the marriage, and other matters according to the manner
prescribed by the proper eparchial bishop.
§2. Furthermore, the pastor of the place also is to record in the baptismal register that the spouse
celebrated marriage on that day in his parish. If a spouse was baptized elsewhere, the pastor is to send the
notice of marriage either personally or by means of the eparchial curia, to the pastor where that spouse’s
baptism is recorded. He is not to be satisfied until he receives notification that the notation of the marriage
was made in the baptismal register.
§3. Whenever a marriage is celebrated according to the norm of can. 832, the priest, if he blessed it, or the
witnesses and the spouses, must see to it that the celebration of the marriage is recorded in the prescribed
books as soon as possible.
Canon 842 – If a marriage is convalidated in the external forum, declared null or is legitimately dissolved
other than by death, the pastor of the place of celebration of the marriage must see to it that a notation is
made in the marriage and baptismal registers.
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Art. VII. Convalidation of Marriage
1° Simple Convalidation
Canon 843 – §1. To convalidate a marriage which is invalid due to a diriment impediment, it is required
that the impediment cease or that it be dispensed and that at least the party who is aware of the
impediment renew consent.
§2. This renewal of consent is required for the validity of the convalidation even if both parties furnished
consent at the beginning and have not revoked it later.
Canon 844 – The renewal of consent must be a new act of the will concerning a marriage which the
person who is renewing consent knows or thinks was null from the beginning.
Canon 845 – §1. If the impediment is a public one, the consent is to be renewed by both parties according
to the form for the celebration of marriage required by law.
§2. If the impediment is occult, it is sufficient that the consent be renewed privately and in secret by the
party who is aware of the impediment, provided the other party perseveres in the consent already given,
or by both parties when each of them knows about the impediment.
Canon 846 – §1. A marriage which is invalid due to a defect of consent is convalidated when the party
who has not consented now gives consent, provided the consent given by the other party still exists.
§2. If the defect of consent cannot be proven it is sufficient that the party who did not consent gives
consent privately and in secret.
§3. If the defect of consent can be proven it is necessary that the consent be given according to the form
for the celebration of marriage required by law.
Canon 847 – A marriage which is invalid due to a defect of form for the celebration of marriage required
by law must be contracted anew according to that form in order to become valid.
2° Radical Sanation
Canon 848 – §1. The radical sanation of an invalid marriage is its convalidation without the renewal of
consent, granted by competent authority and including a dispensation from an impediment, if there was
one, and from the form for the celebration of marriage required by law, it if was not observed, and the
retroactivity into the past of canonical effects.
§2. The convalidation occurs at the moment the favor is granted; it is understood to be retroactive,
however, to the moment the marriage was celebrated unless something else is expressly stated.
Canon 849 – §1. A radical sanation of the marriage can be granted validly even when one or both of the
parties are unaware of it.
§2. A radical sanation is not to be granted except for a grave reason and unless it is probable that the
parties intend to persevere in conjugal life.
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Canon 850 – §1. An invalid marriage can be sanated provided the consent of each party continues to exist.
§2. A marriage which is invalid due to an impediment of divine law cannot be sanated validly until after
the impediment has ceased to exist.
Canon 851 – §1. A marriage cannot be radically sanated if consent is lacking in either or both the parties,
whether the consent was lacking from the beginning or was given in the beginning but afterwards
revoked.
§2. If, however, consent was indeed lacking in the beginning but afterwards was given, a sanation can be
granted from the moment the consent was given.
Canon 852 – A patriarch and an eparchial bishop can grant a radical sanation in individual cases if the
validity of the marriage is prevented by a defect of form for the celebration of marriage required by law or
some impediment from which they can dispense, and, if the conditions mentioned in can. 814 are
fulfilled. In other cases, and in cases involving an impediment of divine law which has now ceased, a
radical sanation can be granted only by the Apostolic See.
Art. VIII. The Separation of the Spouses
1° Dissolution of the Bond
Canon 853 – The sacramental bond of marriage for a consummated marriage cannot be dissolved by any
human power nor by any cause other than death.
Canon 854 – §1. A marriage entered by two non-baptized persons is dissolved by means of the pauline
privilege in favor of the faith of a party who has received baptism by the law itself when a new marriage
is celebrated by the party who has been baptized, provided the non-baptized party departs.
§2. The non-baptized party is considered to depart, if he or she does not wish to cohabit in peace with the
baptized party without insult to the Creator, unless, after receiving baptism, the baptized party gave the
other party a just cause for departure.
Canon 855 – §1. In order for the baptized party to celebrate another marriage validly, the non-baptized
party must be interrogated as to whether:
1° he or she wants to receive baptism;
2° he or she at least wishes to cohabit with the baptized party in peace without insult to the Creator.
§2. This interrogation must be conducted after baptism, but the local hierarch for a serious reason can
permit the interrogation to be conducted before the baptism, or even to dispense with the interrogation
either before or after the baptism, if by means of at least a summary and extra-judicial process it is
established that it cannot be done or that it would be useless.
Canon 856 – §1. Ordinarily the interrogation is made by the authority of the local hierarch of the
converted party; if the other party requests time for responding, the same hierarch is to grant it with the
warning that after the period elapsed without any answer, the person’s silence is considered to be a
negative response.
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§2. An interrogation can also be done privately by the converted party and is indeed licit, if the form
prescribed above cannot be observed.
§3. In either case, the fact that the interrogation took place and its outcome must legitimately be evident in
the external forum.
Canon 857 – The baptized party has the right of celebrating a new marriage with a Catholic party if:
1° the other party responds negatively to the interrogation;
2° the interrogation is legitimately omitted;
3° the non-baptized party, either already interrogated or not, at first persevering in peaceful cohabitation
but later departed without just cause, in which case, however, an interrogation is to be done according to
the norms of cann. 855 and 856.
Canon 858 – For a serious reason the local hierarch can permit the baptized party who employs the
pauline privilege to contract marriage with a non-Catholic party, whether baptized or not, while observing
the prescriptions of the canons on mixed marriages.
Canon 859 – §1. A non-baptized man who at the same time has several non-baptized wives, after having
received baptism in the Catholic Church, if it is difficult to remain with the first, can keep one of them
while dismissing the others; the same is true for a non-baptized woman, who at the same time has several
non-baptized husbands.
§2. In this case the marriage is to be celebrated according to the form prescribed by law while observing
the other requirements of law.
§3. After considering the moral, social, and economic conditions of the place and of the persons, the local
hierarch is to take care that sufficient provision is made in accordance with the norms of justice, charity,
and equity for the needs of those who are dismissed.
Canon 860 – A non-baptized person who, having received baptism in the Catholic Church, cannot restore
cohabitation with a non-baptized spouse due to captivity or persecution, can licitly celebrate another
marriage, even if the other party has received baptism in the meantime, with due regard for can. 853.
Canon 861 – In a doubtful matter the privilege of the faith enjoys the favor of the law.
Canon 862 – A non-consummated marriage can be dissolved by the Roman Pontiff for a just cause, with
both parties making the request or only one making the request and the other opposed.
2° Separation while the Bond Endures
Canon 863 – §1. Although it is earnestly recommended that a spouse, moved by charity and a concern for
the good of the family, not refuse pardon to an adulterous partner and not break up conjugal life,
nevertheless, if the spouse has not expressly or tacitly condoned the misdeed of the other spouse, the
former does have the right to end conjugal living, unless he or she consented to the adultery, gave cause
for it, or likewise committed adultery.
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§2. Tacit condonation exists if the innocent spouse, after having become aware of the adultery, continued
voluntarily to live with the other spouse in marital affection. Tacit condonation is presumed if the
innocent spouse continued conjugal living for a period of six months and has not had recourse to
ecclesiastical or civil authority.
§3. If the innocent spouse spontaneously severed conjugal living, that spouse within six months is to
bring a suit for separation before the competent ecclesiastical authority; this authority, after having
investigated all the circumstances, is to decide whether the innocent spouse can be induced to forgive the
misdeed and not to prolong the separation permanently.
Canon 864 – §1. If either of the spouses causes serious danger to the other spouse or to the children, or
renders common life too hard, that spouse gives the other a legitimate cause for separating in virtue of a
decree of the local hierarch, or even on his or her own authority if there is danger in delay.
§2. In the particular law of individual Churches sui iuris other reasons can be established according to the
customs of the people and circumstances of the place.
§3. In all cases, when the reason for the separation ceases, the conjugal life is to be restored, unless it is
established otherwise by competent authority.
Canon 865 – After the separation of the spouses, suitable provision is to be made for the adequate support
and education of the children.
Canon 866 – The innocent spouse can praiseworthily readmit the other spouse to conjugal life, in which
case the former renounces the right to separate.
Chapter VIII. Sacramentals, Sacred Times and Places, Veneration of the Saints, a Vow and an Oath
Art. I. Sacramentals
Canon 867 – §1. Through the sacramentals, which are sacred signs, by which in imitation of the
sacraments effects, especially spiritual ones, are signified and obtained through the intercession of the
Church, people are disposed to received the principal effect of the sacraments and the various
circumstances of life are sanctified.
§2. Concerning the sacramentals the norms of the particular law of the individual Church sui iuris should
be observed.
Art. II. Sacred Places
Canon 868 – Sacred places, which are destined for divine worship, cannot be erected without the
permission of the eparchial bishop, unless it is expressly established otherwise by common law.
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1° Churches
Canon 869 – A church is a building exclusively dedicated for divine worship by consecration or blessing.
Canon 870 – No building destined to be a church is to be built unless the express consent of the eparchial
bishop is given in writing, unless something else is expressly established by common law.
Canon 871 – §1. Cathedral churches and, if possible, parish churches, churches of monasteries and
churches attached to religious houses, should be dedicated through consecration.
§2. Consecration is reserved to the eparchial bishop, who can grant the faculty of consecrating to another
bishop; after the consecration or blessing has been performed, a document is to be drawn up for
preservation in the archive of the eparchial curia.
Canon 872 – §1. Anything which is not consonant to the sanctity of the place is forbidden in a church.
§2. All whose concern it is are to care that such cleanliness is maintained in a church as befits the house
of God, and that security means are taken to protect the sacred and precious objects.
Canon 873 – §1. If a church in no way can be used any longer for divine worship and there is no
possibility to repair it, the eparchial bishop can relegate it to profane but not sordid use.
§2. If other grave reasons suggest that a certain church can no longer be used for divine worship, the
eparchial bishop can relegate it to profane but not sordid use, after having consulted with the presbyteral
council, and with the consent of those who legitimately claim rights concerning the church, and as long as
the good of souls is not thereby impaired.
2° Cemeteries and Ecclesiastical Funerals
Canon 874 – §1. It is the right of the Church to possess its own cemeteries.
§2. The Church is to have its own cemeteries whenever it can be done, or at least a space in the civil
cemeteries destined for departed Christian faithful, and both should be blessed; if this cannot be done, on
the occasion of the funeral the grave of the departed is to be blessed.
§3. The departed are not to be buried in churches, any contrary customs to be reprobated, unless it is the
case of someone who was a patriarch, bishop or exarch.
§4. Parishes, monasteries and other institutes of consecrated life can have their own cemeteries.
Canon 875 – All Christian faithful and catechumens, unless they are deprived by law, must be given an
ecclesiastical funeral, by which the Church asks for spiritual assistance for the departed, honors their
bodies, and at the same time brings the solace of hope to the living.
Canon 876 – §1. An ecclesiastical funeral can also be given to baptized non-Catholics according to the
prudent judgment of the local hierarch; unless it is against their will and as long as the proper minister is
not
available.
§2. Children, whose parents intended to baptized them, and others who in some way were considered to
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be close to the Church, if before they received baptism died, can also be given an ecclesiastical funeral,
according to the prudent judgment of the local hierarch.
§3. Those who choose cremation for their bodies, unless such a choice was made for reasons contrary to
the conduct of Christian life, are to be granted an ecclesiastical funeral, provided that it does not obscure
the preference of the Church for the burial of bodies and that scandal is avoided.
Canon 877 – Sinners are to be deprived of an ecclesiastical funeral who could not be granted it without
public scandal to the Christian faithful unless priorto death they gave some signs of penance.
Canon 878 – §1. In the celebration of ecclesiastical funerals all favoritism is to be avoided.
§2. With due regard for can. 1013, eparchial bishops insofar as possible are to see that the practice is
introduced according to which the offerings on the occasion of an ecclesiastical funeral be only those
which the Christian faithful offer on their own.
Canon 879 – After the internment has taken place, a record is to be made in the register of the departed,
according to the norm of particular law.
Art. III. Feast Days and Days of Penance
Canon 880 – §1. Only the supreme authority of the Church can establish, transfer or suppress feast days
and days of penance which are common to all of the Eastern Churches, with due regard for §3.
§2. The authority of a Church sui iuris which is competent to establish particular law can constitute,
transfer or suppress feast days and days of penance for that Church sui iuris, however having sought the
opinions of the other Churches sui iuris and with due regard for can. 40, §1.
§3. Holy days of obligation common to all the Eastern Churches, beyond Sundays, are the Nativity of our
Lord Jesus Christ, the Epiphany, the Ascension, the Dormition of the Holy Mary Mother of God and the
Holy Apostles Peter and Paul except for the particular law of a Church sui iuris approved by the Apostolic
See which suppresses a holy days of obligation or transfers them to a Sunday.
Canon 881 – §1. The Christian faithful are bound by the obligation to participate on Sundays and feast
days in the Divine Liturgy, or according to the prescriptions or legitimate customs of their own Church
sui iuris, in the celebration of the divine praises.
§2. In order for the Christian faithful to fulfill this obligation more easily, the available time runs from the
evening of the vigil until the end of the Sunday or feast day.
§3. The Christian faithful are strongly recommended to receive the Divine Eucharist on these days and
indeed more frequently, even daily.
§4. The Christian faithful should abstain from those labors or business matters which impede the worship
to be rendered to God, the joy which is proper to the Lord’s day, or to the proper relaxation of mind and
body.
Canon 882 – On the days of penance the Christian faithful are obliged to observe fast or abstinence in the
manner established by the particular law of their Church sui iuris.
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Canon 883 – §1. The Christian faithful who are outside the territorial boundaries of their own Church sui
iuris can adopt fully for themselves the feast days and days of penance which are in force where they are
staying.
§2. In families in which the parents are enrolled in different Churches sui iuris, it is permitted to observe
the norms of one or the other Church, in regard to feast days and days of penance.
Art. IV. Veneration of the Saints, of Sacred Images and Relics
Canon 884 – To foster the sanctification of the people of God the Church recommends to the special and
filial veneration of the Christian faithful the Holy Mary ever Virgin, the Mother of God, whom Christ
established as the Mother of the human race; it also promotes true and authentic devotion to the other
saints by whose example the Christian faithful are edified and through whose intercession they are
sustained.
Canon 885 – Veneration through public cult is permitted only to those servants of God who are listed
among the saints or the blessed by the authority of the Church.
Canon 886 – The practice of displaying sacred icons or images in churches for the veneration of the
Christian faithful is to remain in force in the manner and order established by the particular law of each
Church sui iuris.
Canon 887 – §1. Sacred icons or precious images, that is, those which are outstanding due to antiquity or
art, which are exposed in churches for the veneration of the Christian faithful, cannot be transferred to
another church or alienated without the written consent given by the hierarch who exercises authority
over that same church, with due regard for cann. 1034-1041.
§2. Sacred icons or precious images are also not to be restored without the written consent given by the
same hierarch, who before he grants it, is to consult experts.
Canon 888 – §1. It is not permitted to sell sacred relics.
§2. Significant relics, icons or images, which are honored in a certain church with great veneration by the
people, cannot in any manner be validly alienated nor perpetually transferred to another church without
the consent given by the Apostolic See or by the patriarch, with the consent of the permanent synod, with
due regard for can. 1037.
§3. Concerning the restoration of these icons or images, can. 887, §2 is to be observed.
Art. V. A Vow and an Oath
Canon 889 – §1. A vow, which is a deliberate and free promise made to God concerning possible and
better good, must be fulfilled by the virtue of religion.
§2. All who have the suitable use of reason are capable of making a vow, unless they are prohibited by
law.
§3. A vow made through grave and unjust fear or fraud is null by the law itself.
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§4. A vow is public if it is accepted in the name of the Church by a legitimate ecclesiastical superior;
otherwise, it is private.
Canon 890 – By its nature a vow obliges no one except the one who made it.
Canon 891 – A vow ceases when the time appointed for the fulfillment of the obligation has passed, when
there is a substantial change in the matter promised or when the condition on which the vow depends or
the purpose for which it was made no longer exists; it also ceases through dispensation or commutation.
Canon 892 – A person who has power over the matter of a vow can suspend its obligation for as long as
its fulfillment would prejudice such a person.
Canon 893 – §1. The following persons can dispense from a private vow for a just reason provided the
dispensation does not injure a right acquired by others:
1° for his own subjects, any hierarch, pastor, and local superior of an institute of consecrated life who has
the power of governance;
2° for other Christian faithful of his own Church sui iuris while they are present within the territorial
boundaries of the eparchy, a local hierarch; and also a local pastor within the territorial boundaries of his
own parish;
3° for those who are present day and night in a house of an institute of consecrated life, the local superior,
who has the power of governance, and his major superior.
§2. Under the same condition, but only for the internal forum, this dispensation can be granted by any
confessor.
Canon 894 – Vows made before monastic or religious profession are suspended while the person who
makes the vow remains in the monastery, order or congregation.
Canon 895 – An oath, that is, the invocation of the divine name as a witness to truth, can only be made
before the Church in cases established by law, otherwise it produces no canonical effect.
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Canons on Baptism
THE MINISTER OF BAPTISM
THE CELEBRATION OF BAPTISM
Can. 850 Baptism is administered according to the order prescribed in the approved liturgical books,
except in case of urgent necessity when only those things required for the validity of the sacrament must
be observed.
Can. 851 The celebration of baptism must be prepared properly; consequently:
1/ an adult who intends to receive baptism is to be admitted to the catechumenate and is
be led insofar as possible through
the various stages to sacramental initiation,
according
the order of initiation adapted by the conference ofbishops and the special norms issued by it;
to
to
2/ the parents of an infant to be baptized and those who are to undertake the function of sponsor are to
be instructed properly on
the meaning of
this sacrament and
the obligations attached to
it.
The pastor personally or through others is to take care that the parents are properly instructed through
both pastoral advice and common prayer, bringing several families together
and,
where possible, visiting them.
Can. 852 §1. The prescripts of the canons on adult baptism are to be applied to all those who,
no longer infants, have attained the use of reason.
§2. A person who is not responsible for oneself (non sui compos) is also regarded as
an infant with respect to baptism.
Can. 853 Apart from a case of necessity, the water to be used in conferring baptism must
be blessed according to the prescripts of the liturgical books.
Can. 854 Baptism is to be conferred either by immersion or by pouring; the prescripts of
the conference of bishops are to be observed.
Can. 855 Parents, sponsors, and the pastor are to take care that a name foreign to Christian sensibility is
not given.
Can. 856 Although baptism can be celebrated on any day, it is nevertheless recommended that it
be celebrated ordinarily on Sunday or, if possible, at the Easter Vigil.
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Can. 857 §1. Apart from a case of necessity, the proper place of baptism is a church or oratory.
§2. As a rule an adult is to be baptized in his or her parish church and an infant in the parish church of
the parents unless a just cause suggests otherwise.
Can. 858 §1. Every parish church is to have a baptismal font, without prejudice to
the cumulative right already acquired by other churches.
§2. After having heard the local pastor, the local ordinary can permit or order for the convenience of
the faithful that there also be a baptismal font in another church or oratory within the boundaries of
the parish.
Can. 859 If because of distance or other circumstances the one to be baptized cannot go or be brought to
the parish church or to the other church or oratory mentioned in ⇒ can. 858,
§2 without grave inconvenience, baptism can and must be conferred in another nearer church or oratory,
or even in another fitting place.
Can. 860 §1. Apart from a case of necessity, baptism is not to be conferred in private houses, unless
the local ordinary has permitted it for a grave cause.
§2. Except in a case of necessity or for some other compelling pastoral reason, baptism is not to
be celebrated in hospitals unless the diocesan bishop has established otherwise.
Can. 861 §1. The ordinary minister of baptism is a bishop, a presbyter, or a deacon, without prejudice to
the prescript of ⇒ can. 530, n. 1.
§2. When an ordinary minister is absent or impeded, a catechist or another person designated for
this function by the local ordinary, or in a case of necessity any person with
the right intention, confers baptism licitly. Pastors of souls,especially the pastor of a parish, are to
be concerned that the Christian faithful are taught the correct way to baptize.
Can. 862 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.
Can. 863 The baptism of adults, at least of those who have completed their fourteenth year, is to
be deferred to the diocesan bishop so that he himself administers it if he has judged it Expedient.
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THOSE TO BE BAPTIZED
Can. 864 Every person not yet baptized and only such a person is capable of baptism.
Can. 865 §1.
For
an adult to
be baptized,
the person must
have manifested the intention to receive baptism, have been instructed sufficiently about the truths of
the faith and Christian obligations, and have been tested in the Christian lifethrough 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 if, having some knowledge of the principal truths of
the faith, the person has manifested in any way at all
the intention to receive baptism and promises to observe the commandments of the Christian religion.
Can. 866 Unless there is a grave reason to the contrary, an adult who is baptized is to
be confirmed immediately after baptism and is to participate in the eucharistic celebration also
by receiving communion
Can. 867 §1. Parents are obliged to take care that infants are baptized in the first few weeks;
as soon as possible after the birth or even before it, they are to go to
the pastor to request the sacrament for their child and to be preparedproperly for it.
§2. An infant in danger of death is to be baptized without delay.
Can. 868 §1. For an infant to be baptized licitly:
1/ the parents or at least one of them or the person who legitimately takes their place must consent;
2/ there must be a founded hope that the infant will be brought up in the Catholic religion; if
such hope is altogether lacking, the baptism is to be delayed according to
the prescripts of particular law after the parents have been advisedabout the reason.
§2.
An infant of Catholic parents or
even
Catholic parents is baptized licitly in danger of death even against the will of the parents.
of non-
Can. 869 §1.
If
there
is
a doubt whether
a person has
been baptized or
whether baptism was conferred validly and the doubt remains after a serious investigation, baptism is to
be conferred conditionally.
§2. Those baptized in a non-Catholic ecclesial community must not be baptized conditionally unless, after
an examination of the matter and the form of the words used in the conferral of baptism and
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a consideration of
the intention of
thebaptized adult and
a serious reason exists to doubt the validity of the baptism.
the minister of
the baptism,
§3.
If
in
the cases mentioned in
§§1 and 2 the conferral or validity of
the baptism remains doubtful, baptism is
not
to
be conferred until
after
the doctrine of
the sacrament of baptism is explained to the person to be baptized, if an adult, and the reasons of
the doubtful validity of the baptism are explained to the person or, in the case of an infant, to the parents.
Can. 870 An abandoned infant or
a foundling is
after diligent investigation the baptism of the infant is established.
to
be baptized unless
Can. 871 If aborted fetuses are alive, they are to be baptized insofar as possible.
SPONSORS
Can. 872 Insofar as possible, a person to be baptized is to
be given a sponsor who assists an adult in Christian initiation or together with
the parents presents an infant for baptism.
A sponsor also helps the baptized person to lead aChristian life in keeping with baptism and
to fulfill faithfully the obligations inherent in it.
Can. 873 There is to be only one male sponsor or one female sponsor or one of each.
Can. 874 §1. To be permitted to take on the function of sponsor a person must:
1/ be designated by the one to be baptized, by the parents or the person who takes their place, or in
their absence by the pastor or minister and have the aptitude and intention of fulfilling this function;
2/ have completed the sixteenth year of age, unless the diocesan bishop has established another age, or
the pastor or minister has granted an exception for a just cause;
3/ be a Catholic who has been confirmed and has already received the most holy sacrament of
the Eucharist and who leads a life of faith in keeping with the function to be taken on;
4/ not be bound by any canonical penalty legitimately imposed or declared;
5/ not be the father or mother of the one to be baptized.
§2. A baptized person who belongs to a non-Catholic ecclesial community is not to participate except
together with a Catholic sponsor and then only as a witness of the baptism.
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THE PROOF AND REGISTRATION OF THE CONFERRAL OF BAPTISM
Can. 875 A person who administers baptism is to take care that, unless a sponsor is present, there is at
least a witness who can attest to the conferral of the baptism.
Can. 876 To prove the conferral of baptism, if prejudicial to no one, the declaration of
one witness beyond all exception is sufficient or the oath of the one baptized if
the person received baptism as an adult.
Can. 877 §1. The pastor of the place where the baptism is celebrated must carefully and without
any delay record in
the baptismal register the names of
the baptized,
with mention made
of
the minister, parents, sponsors, witnesses, if any, the place and date of the conferral of the baptism, and
the date and place of birth.
§2. If it concerns a child born to an unmarried mother, the name of the mother must be inserted, if
her maternity is established publicly or if she seeks it willingly in writing or before two witnesses.
Moreover, the name of the father must be inscribed if a public document or his own declaration before
the pastor and two witnesses proves his paternity;
in
other cases,
the name of
the baptized is inscribed with no mention of the name of the father or the parents.
§3. If it concerns an adopted child, the names of those adopting are to be inscribed and, at least if it is
done in the civil records of the region, also the names of the natural parents according to the norm of
§§1 and 2, with due regard for the prescripts of the conference of bishops.
Can. 878 If the baptism was not administered by the pastor or in his presence, the minister of baptism,
whoever it is, must inform the pastor of the parish in which it was administered of the conferral of
the baptism, so that he recordsthe baptism according to the norm of ⇒ can. 877, §1.
Canons on Marriage
Can, 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.
Can. 1056 The essential properties of marriage are unity and indissolubility, which in Christian marriage
obtain a special firmness by reason of the sacrament.
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Can. 1057 §1. The consent of the parties, legitimately manifested between persons quali-fied by law,
makes marriage; no human power is able to supply this consent.
§2. Matrimonial consent is an act of the will by which a man and a woman mutually give and accept each
other through an irrevocable covenant in order to establish marriage.
Can. 1058 All persons who are not prohibited by law can contract marriage.
Can. 1059 Even if only one party is Catholic, the marriage of Catholics is governed not only by divine
law but also by canon law, without prejudice to the competence of civil authority concerning the merely
civil effects of the same marriage.
Can. 1060 Marriage possesses the favor of law; therefore, in a case of doubt, the validity of a marriage
must be upheld until the contrary is proven.
Can. 1061 §1. A valid marriage between the baptized is called ratum tantum if it has not been
consummated; it is called ratum et consummatum if the spouses have performed between themselves in a
human fashion a conjugal act which is suitable in itself for the procreation of offspring, to which marriage
is ordered by its nature and by which the spouses become one flesh.
§2. After a marriage has been celebrated, if the spouses have lived together consummation is presumed
until the contrary is proven.
§3. An invalid marriage is called putative if at least one party celebrated it in good faith, until both parties
become certain of its nullity.
Can. 1062 §1. A promise of marriage, whether unilateral or bilateral, which is called an engagement, is
governed by the particular law established by the conference of bishops, after it has considered any
existing customs and civil laws.
§2. A promise to marry does not give rise to an action to seek the celebration of marriage; an action to
repair damages, however, does arise if warranted.
DIRIMENT IMPEDIMENTS IN GENERAL
Can. 1073 A diriment impediment renders a person unqualified to contract marriage validly.
Can. 1074 An impediment which can be proven in the external forum is considered to be public;
otherwise it is occult.
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Can. 1075 §1. It is only for the supreme authority of the Church to declare authentically when divine law
prohibits or nullifies marriage.
§2. Only the supreme authority has the right to establish other impediments for the baptized.
Can. 1076 A custom which introduces a new impediment or is contrary to existing impediments is
reprobated.
Can. 1077 §1. In a special case, the local ordinary can prohibit marriage for his own subjects residing
anywhere and for all actually present in his own territory but only for a time, for a grave cause, and for as
long as the cause continues.
§2. Only the supreme authority of the Church can add a nullifying clause to a prohibition.
Can. 1078 §1. The local ordinary can dispense his own subjects residing anywhere and all actually
present in his own territory from all impediments of ecclesiastical law except those whose dispensation is
reserved to the Apostolic See.
§2. Impediments whose dispensation is reserved to the Apostolic See are:
1/ the impediment arising from sacred orders or from a public perpetual vow of chastity in a religious
institute of pontifical right;
2/ the impediment of crime mentioned in ⇒ can. 1090.
§3. A dispensation is never given from the impediment of consanguinity in the direct line or in the second
degree of the collateral line.
Can. 1079 §1. In urgent danger of death, the local ordinary can dispense his own subjects residing
anywhere and all actually present in his territory both from the form to be observed in the celebration of
marriage and from each and every impediment of ecclesiastical law, whether public or occult, except the
impediment arising from the sacred order of presbyterate.
§2. In the same circumstances mentioned in §1, but only for cases in which the local ordinary cannot be
reached, the pastor, the properly delegated sacred minister, and the priest or deacon who assists at
marriage according to the norm of ⇒ can. 1116, §2 possess the same power of dispensing.
§3. In danger of death a confessor possesses the power of dispensing from occult impediments for the
internal forum, whether within or outside the act of sacramental confession.
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§4. In the case mentioned in §2, the local ordinary is not considered accessible if he can be reached only
through telegraph or telephone.
Can. 1080 §1. Whenever an impediment is discovered after everything has already been prepared for the
wedding, and the marriage cannot be delayed without probable danger of grave harm until a dispensation
is obtained from the competent authority, the local ordinary and, provided that the case is occult, all those
mentioned in ⇒ can. 1079, §§2-3 when the conditions prescribed therein have been observed possess the
power of dispensing from all impediments except those mentioned in ⇒ can. 1078, §2, n. 1.
§2. This power is valid even to convalidate a marriage if there is the same danger in delay and there is
insufficient time to make recourse to the Apostolic See or to the local ordinary concerning impediments
from which he is able to dispense.
Can. 1081 The pastor or the priest or deacon mentioned in ⇒ can. 1079, §2 is to notify the local ordinary
immediately about a dispensation granted for the external forum; it is also to be noted in the marriage
register.
Can. 1082 Unless a rescript of the Penitentiary provides otherwise, a dispensation from an occult
impediment granted in the non-sacramental internal forum is to be noted in a book which must be kept in
the secret archive of the curia; no other dispensation for the external forum is necessary if afterwards the
occult impediment becomes public.
SPECIFIC DIRIMENT IMPEDIMENTS
Can. 1083 §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.
Can. 1084 §1. Antecedent and perpetual impotence to have intercourse, whether on the part of the man or
the woman, whether absolute or relative, nullifies marriage by its very nature.
§2. If the impediment of impotence is doubtful, whether by a doubt about the law or a doubt about a fact,
a marriage must not be impeded nor, while the doubt remains, declared null.
§3. Sterility neither prohibits nor nullifies marriage, without prejudice to the prescript of ⇒ can. 1098.
Can. 1085 §1. A person bound by the bond of a prior marriage, even if it was not consummated, invalidly
attempts marriage.
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§2. Even if the prior marriage is invalid or dissolved for any reason, it is not on that account permitted to
contract another before the nullity or dissolution of the prior marriage is established legitimately and
certainly.
Can. 1086 §1. A marriage between two persons, one of whom has been baptized in the Catholic Church
or received into it and has not defected from it by a formal act and the other of whom is not baptized, is
invalid.
§2. A person is not to be dispensed from this impediment unless the conditions mentioned in
cann. ⇒ 1125 and ⇒ 1126 have been fulfilled.
§3. If at the time the marriage was contracted one party was commonly held to have been baptized or the
baptism was doubtful, the validity of the marriage must be presumed according to the norm of ⇒ can.
1060 until it is proven with certainty that one party was baptized but the other was not.
Can. 1087 Those in sacred orders invalidly attempt marriage.
Can. 1088 Those bound by a public perpetual vow of chastity in a religious institute invalidly attempt
marriage.
Can. 1089 No marriage can exist between a man and a woman who has been abducted or at least
detained with a view of contracting marriage with her unless the woman chooses marriage of her own
accord after she has been separated from the captor and established in a safe and free place.
Can. 1090 §1. Anyone who with a view to entering marriage with a certain person has brought about the
death of that person’s spouse or of one’s own spouse invalidly attempts this marriage.
§2. Those who have brought about the death of a spouse by mutual physical or moral cooperation also
invalidly attempt a marriage together.
Can. 1091 §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.
Can. 1092 Affinity in the direct line in any degree invalidates a marriage.
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Can. 1093 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.
Can. 1094 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 contract marriage together validly.
MATRIMONIAL CONSENT
Can. 1095 The following are incapable of contracting marriage:
1/ those who lack the sufficient use of reason;
2/ those who suVer from a grave defect of discretion of judgment concerning the essential matrimonial
rights and duties mutually to be handed over and accepted;
3/ those who are not able to assume the essential obligations of marriage for causes of a psychic nature.
Can. 1096 §1. For matrimonial consent to exist, the contracting parties must be at least not ignorant that
marriage is a permanent partnership between a man and a woman ordered to the procreation of offspring
by means of some sexual cooperation.
§2. This ignorance is not presumed after puberty.
Can. 1097 §1. Error concerning the person renders a marriage invalid.
§2. Error concerning a quality of the person does not render a marriage invalid even if it is the cause for
the contract, unless this quality is directly and principally intended.
Can. 1098 A person contracts invalidly who enters into a marriage deceived by malice, perpetrated to
obtain consent, concerning some quality of the other partner which by its very nature can gravely disturb
the partnership of conjugal life.
Can. 1099 Error concerning the unity or indissolubility or sacramental dignity of marriage does not
vitiate matrimonial consent provided that it does not determine the will.
Can. 1100 The knowledge or opinion of the nullity of a marriage does not necessarily exclude
matrimonial consent.
Can. 1101 §1. The internal consent of the mind is presumed to conform to the words and signs used in
celebrating the marriage.
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§2. If, however, either or both of the parties by a positive act of the will exclude marriage itself, some
essential element of marriage, or some essential property of marriage, the party contracts invalidly.
Can. 1102 §1. A marriage subject to a condition about the future cannot be contracted validly.
§2. A marriage entered into subject to a condition about the past or the present is valid or not insofar as
that which is subject to the condition exists or not.
§3. The condition mentioned in §2, however, cannot be placed licitly without the written permission of
the local ordinary.
Can. 1103 A marriage is invalid if entered into because of force or grave fear from without, even if
unintentionally inflicted, so that a person is compelled to choose marriage in order to be free from it.
Can. 1104 §1. To contract a marriage validly the contracting parties must be present together, either in
person or by proxy.
§2. Those being married are to express matrimonial consent in words or, if they cannot speak, through
equivalent signs.
Can. 1105 §1. To enter into a marriage validly by proxy it is required that:
1/ there is a special mandate to contract with a specific person;
2/ the proxy is designated by the one mandating and fulfills this function personally.
§2. To be valid the mandate must be signed by the one mandating and by the pastor or ordinary of the
place where the mandate is given, or by a priest delegated by either of them, or at least by two witnesses,
or it must be made by means of a document which is authentic according to the norm of civil law.
§3. If the one mandating cannot write, this is to be noted in the mandate itself and another witness is to be
added who also signs the document; otherwise, the mandate is invalid.
§4. If the one mandating revokes the mandate or develops amentia before the proxy contracts in his or her
name, the marriage is invalid even if the proxy or the other contracting party does not know this.
Can. 1106 A marriage can be contracted through an interpreter; the pastor is not to assist at it, however,
unless he is certain of the trustworthiness of the interpreter.
Can. 1107 Even if a marriage was entered into invalidly by reason of an impediment or a defect of form,
the consent given is presumed to persist until its revocation is established.
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THE FORM OF THE CELEBRATION OF MARRIAGE
Can. 1108 §1. Only those marriages are valid which are contracted before the local ordinary, pastor, or a
priest or deacon delegated by either of them, who assist, and before two witnesses according to the rules
expressed in the following canons and without prejudice to the exceptions mentioned in
cann. ⇒ 144, ⇒ 1112, §1, ⇒ 1116, and ⇒ 1127, §§1-2.
§2. The person who assists at a marriage is understood to be only that person who is present, asks for the
manifestation of the consent of the contracting parties, and receives it in the name of the Church.
Can. 1109 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.
Can. 1110 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.
Can. 1111 §1. As long as they hold office validly, the local ordinary and the pastor can delegate to priests
and deacons the faculty, even a general one, of assisting at marriages within the limits of their territory.
§2. To be valid, the delegation of the faculty to assist at marriages must be given to specific persons
expressly.
If it concerns special delegation, it must be given for a specific marriage; if it concerns general delegation,
it must be given in writing.
Can. 1112 §1. Where there is a lack of priests and deacons, the diocesan bishop can delegate lay persons
to assist at marriages, with the previous favorable vote of the conference of bishops and after he has
obtained the permission of the Holy See.
§2. A suitable lay person is to be selected, who is capable of giving instruction to those preparing to be
married and able to perform the matrimonial liturgy properly.
Can. 1113 Before special delegation is granted, all those things which the law has established to prove
free status are to be fulfilled.
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Can. 1114 The person assisting at marriage acts illicitly unless the person has made certain of the free
status of the contracting parties according to the norm of law and, if possible, of the permission of the
pastor whenever the person assists in virtue of general delegation.
Can. 1115 Marriages are to be celebrated in a parish where either of the contracting parties has a
domicile, quasidomicile, or month long residence or, if it concerns transients, in the parish where they
actually reside. With the permission of the proper ordinary or proper pastor, marriages can be celebrated
elsewhere.
Can. 1116 §1. If a person competent to assist according to the norm of law cannot be present or
approached without grave inconvenience, those who intend to enter into a true marriage can contract it
validly and licitly before witnesses only:
1/ in danger of death;
2/ outside the danger of death provided that it is prudently foreseen that the situation will continue for a
month.
§2. In either case, if some other priest or deacon who can be present is available, he must be called and be
present at the celebration of the marriage together with the witnesses, without prejudice to the validity of
the marriage before witnesses only.
Can. 1117 The form established above must be observed if at least one of the parties contracting
marriage was baptized in the Catholic Church or received into it and has not defected from it by a formal
act, without prejudice to the prescripts of ⇒ can. 1127, §2.
Can. 1118 §1. A marriage between Catholics or between a Catholic party and a non-Catholic baptized
party is to be celebrated in a parish church. It can be celebrated in another church or oratory with the
permission of the local ordinary or pastor.
§2. The local ordinary can permit a marriage to be celebrated in another suitable place.
§3. A marriage between a Catholic party and a non-baptized party can be celebrated in a church or in
another suitable place.
Can. 1119 Outside the case of necessity, the rites prescribed in the liturgical books approved by the
Church or received by legitimate customs are to be observed in the celebration of a marriage.
Can. 1120 The conference of bishops can produce its own rite of marriage, to be reviewed by the Holy
See, in keeping with the usages of places and peoples which are adapted to the Christian spirit;
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nevertheless, the law remains in effect that the person who assists at the marriage is present, asks for the
manifestation of consent of the contracting parties, and receives it.
Can. 1121 §1. 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.
§2. 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.
§3. 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.
Can. 1122 §1. The contracted marriage is to be noted also in the baptismal registers in which the baptism
of the spouses has been recorded.
§2. If a spouse did not contract marriage in the parish in which the person was baptized, the pastor of the
place of the celebration is to send notice of the marriage which has been entered into as soon as possible
to the pastor of the place of the conferral of baptism.
Can. 1123 Whenever a marriage is either convalidated in the external forum, declared null, or
legitimately dissolved other than by death, the pastor of the place of the celebration of the marriage must
be informed so that a notation is properly made in the marriage and baptismal registers.
MIXED MARRIAGES
Can. 1124 Without express permission of the competent authority, a marriage is prohibited between two
baptized persons of whom one is baptized in the Catholic Church or received into it after baptism and has
not defected from it by a formal act and the other of whom is enrolled in a Church or ecclesial community
not in full communion with the Catholic Church.
Can. 1125 The local ordinary can grant a permission of this kind if there is a just and reasonable cause.
He is not to grant it unless the following conditions have been fulfilled:
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1/ the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith
and is to make a sincere promise to do all in his or her power so that all offspring are baptized and
brought up in the Catholic Church;
2/ the other party is to be informed at an appropriate time about the promises which the Catholic party is
to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the
Catholic party;
3/ both parties are to be instructed about the purposes and essential properties of marriage which neither
of the contracting parties is to exclude.
Can. 1126 It is for the conference of bishops to establish the method in which these declarations and
promises, which are always required, must be made and to define the manner in which they are to be
established in the external forum and the non-Catholic party informed about them.
Can. 1127 §1. 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.
§2. If grave diYculties 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.
§3. 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.
MIXED MARRIAGES
Can. 1124 Without express permission of the competent authority, a marriage is prohibited between two
baptized persons of whom one is baptized in the Catholic Church or received into it after baptism and has
not defected from it by a formal act and the other of whom is enrolled in a Church or ecclesial community
not in full communion with the Catholic Church.
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Can. 1125 The local ordinary can grant a permission of this kind if there is a just and reasonable cause.
He is not to grant it unless the following conditions have been fulfilled:
1/ the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith
and is to make a sincere promise to do all in his or her power so that all offspring are baptized and
brought up in the Catholic Church;
2/ the other party is to be informed at an appropriate time about the promises which the Catholic party is
to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the
Catholic party;
3/ both parties are to be instructed about the purposes and essential properties of marriage which neither
of the contracting parties is to exclude.
Can. 1126 It is for the conference of bishops to establish the method in which these declarations and
promises, which are always required, must be made and to define the manner in which they are to be
established in the external forum and the non-Catholic party informed about them.
Can. 1127 §1. 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.
§2. If grave diYculties 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.
§3. 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.
Can. 1128 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.
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Can. 1129 The prescripts of cann. ⇒ 1127 and ⇒ 1128 must be applied also to marriages which the
impediment of disparity of cult mentioned in ⇒ can. 1086, §1 impedes.
MIXED MARRIAGES
Can. 1124 Without express permission of the competent authority, a marriage is prohibited between two
baptized persons of whom one is baptized in the Catholic Church or received into it after baptism and has
not defected from it by a formal act and the other of whom is enrolled in a Church or ecclesial community
not in full communion with the Catholic Church.
Can. 1125 The local ordinary can grant a permission of this kind if there is a just and reasonable cause.
He is not to grant it unless the following conditions have been fulfilled:
1/ the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith
and is to make a sincere promise to do all in his or her power so that all offspring are baptized and
brought up in the Catholic Church;
2/ the other party is to be informed at an appropriate time about the promises which the Catholic party is
to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the
Catholic party;
3/ both parties are to be instructed about the purposes and essential properties of marriage which neither
of the contracting parties is to exclude.
Can. 1126 It is for the conference of bishops to establish the method in which these declarations and
promises, which are always required, must be made and to define the manner in which they are to be
established in the external forum and the non-Catholic party informed about them.
Can. 1127 §1. 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.
§2. If grave diYculties 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.
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§3. 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.
Can. 1128 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.
Can. 1129 The prescripts of cann. ⇒ 1127 and ⇒ 1128 must be applied also to marriages which the
impediment of disparity of cult mentioned in ⇒ can. 1086, §1 impedes.
MARRIAGE CELEBRATED SECRETLY
Can. 1130 For a grave and urgent cause, the local ordinary can permit a marriage to be celebrated
secretly.
Can. 1131 Permission to celebrate a marriage secretly entails the following:
1/ the investigations which must be conducted before the marriage are done secretly;
2/ the local ordinary, the one assisting, the witnesses, and the spouses observe secrecy about the marriage
celebrated.
Can. 1132 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.
Can. 1133 A marriage celebrated secretly is to be noted only in a special register to be kept in the secret
archive of the curia.
Can. 1128 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.
Can. 1129 The prescripts of cann. ⇒ 1127 and ⇒ 1128 must be applied also to marriages which the
impediment of disparity of cult mentioned in ⇒ can. 1086, §1 impedes.
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