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The New Law

 

Words (in Canon Law) - The Catholic Encyclopedia

To give the right value to words is a very important factor in the proper interpretation of law, and hence canonists give many rules for the exact acceptation of words, in order that decrees may be correctly understood and the extent of their obligation determined. In general, the authentic interpretation of a law may be made by the legislator, or his successor or superior, but when this is not the case recourse must be had to what is called magisterial, or doctrinal, interpretation. It is for this latter mode that rules have been formed. The words of a law must be understood according to their usual signification, unless it is certain that the legislator intended them to be taken in another sense. When the words are not ambiguous, they must not be twisted into some far-fetched meaning. If the intention of the legislator is known, the interpretation must be according to that, rather than according to the words of a law, even though they seem to have another sense, because the words are then said not to be nude, but clothed with the will of the lawgiver. When a law is conceived in general terms, it is presumed that no exception was intended; that is, where the law makes no exception, interpreters are not allowed to distinguish. In all interpretations, however, that meaning of the words is to be preferred which favours equity rather than strict justice. An argument can be drawn from the contrary sense of the words, provided that nothing follows which is absurd, inappropriate, or contradicted by another law. The provisions of a previous statute are not presumed to be changed beyond the express meaning of the words of a new law.

When a law is penal, its words are to be taken in their strictest sense and not to be extended to their cases beyond those explicitly mentioned; but when a law concedes favours, its words are to be interpreted according to their widest sense. “In contracts, words are to be taken in their full [plena] meaning, in last wills in a wider [plenior] sense, and in grants of favours in their widest [plenissimi] interpretation” (c. Cum Dilecti, 6 de donat.). When there is a doubt as to the meaning of the words, that sense is to be preferred which does not prejudice the rights of a third person. No words of a law are ever presumed to be superfluous. In interpreting a law the words must be considered in their context. To give a meaning to words that would render a law useless is a false interpretation. When the words of a law are in the future tense, and even when they are in the imperative mood concerning the judge, but not concerning the crime, the penalty is understood to be incurred, not ipso facto, but only after judicial sentence. When the words of a law are doubtful the presumption is in favour of the subjects, not of the lawgiver.

1917 Code versus 1983 substitute

The Second Vatican Council could not impose innovation in the presence of the 1917 Code of Canon Law. So this Code was ignored and suspended while a friendlier code was fabricated by a commission that slithered to the hasty beat of a diffident drummer. Under the pretext of updating, faithless experts dropped or modified every law inconsistent with implementation of innovations of the Second Vatican Council or its omnipresent “spirit.”

Only a few laws remained, so the experts filled the gaps with piously poetic, modernist (heretical) concepts, needed only to enshrine innovation into law. Should anyone question an absurdity, he can be shown that it is the law of the Church.

This tactic is demonstrated often and at length in substitution of terms and definitions, which are short and to the point in the 1917 Code. In the canon laws on the sacraments you can see the initial definition (Canon 731) replaced in the 1983 joke with an irrelevant essay (canons 840-841) bearing little or no resemblance to law.

1917 Canon 731                   §1 As all the Sacraments instituted by Christ our Lord are the principal means of sanctification and salvation, the greatest care and reverence should be employed in their suitable and proper administration and reception. (concise law with no axe to grind.)

1983 Canon 840 The sacraments of the New Testament were instituted by Christ the Lord and entrusted to the Church. As actions of Christ and of the Church, they are signs and means by which faith is expressed and strengthened, worship is offered to God and our sanctification is brought about. Thus they contribute in the most effective manner to establishing, strengthening and manifesting ecclesiastical communion. Accordingly, in the celebration of the sacraments both the sacred ministers and all the other members of Christ’s faithful must show great reverence and due care. (new verbiage underlined)

1983 Canon 841 Since the sacraments are the same throughout the universal Church, and belong to the divine deposit of faith, only the supreme authority in the Church can approve or define what is needed for their validity. It belongs to the same authority, or to another competent authority in accordance with Canon 838 §§3 and 4, to determine what is required for their lawful celebration, administration and reception and for the order to be observed in their celebration. (assumption of competence at convenient times to correct tradition and Jesus Christ Himself).

As you peruse the following treatments and examples, keep in mind the criterion: nothing new is Catholic.

 

Whence the 1983 "Code of Canon Law?"

 

Secure in the knowledge that this curious document cannot apply to Catholics, we have had no great interest in it. There was ever the suspicion that it was intended to supersede the 1917 Code which the usurpers so grievously infringed since 1958, to bury the evidence and to justify the violations. Having read the new code, we find higher motives.

The Second Vatican Council, despite its continuous, endless implementation, has been imposed as a pastoral council, somehow lacking infallibility. A “pope” could promulgate its heresy-laden decrees and documents officially─though with crossed fingers─without risking his own imputed infallibility. But no one in Rome, or in the local parish, could feel really comfortable defending all that fogwash.

So the usurpers inserted it, hog and all, liberally and almost verbatim into the new Code. Now they need not try to defend or explain it─it’s the law! And if we were to grant the usurpers’ legitimacy or authority, we would be subject to innovation and a fait accompli.

Nothing new, including a new kind of pope who perverts the papal preservative purpose, is Catholic.

It would be exceedingly rash to prejudge limits to what God will allow to happen to the Holy See, particularly since we have seen what was allowed to happen to Jesus Christ Himself.

So let’s see how Catholic is the 1983 Code of Canon Law.

One fatuous phrase, dispensers of the mysteries, to which attention has often been drawn as characteristic of the sixteenth-century continental reformers, recurs in Lumen Gentium,  32 & 41, and in Presbyterorum Ordinis, 15, excerpts from which follow.

32. And if by the will of Christ some are made teachers, pastors and dispensers of mysteries on behalf of others, yet all share a true equality with regard to the dignity and to the activity common to all the faithful for the building up of the Body of Christ.

41. Ministers of lesser rank are also sharers in the mission and grace of the Supreme Priest. In the first place among these ministers are deacons, who, in as much as they are dispensers of Christ's mysteries and servants of the Church, should keep themselves free from every vice and stand before men as personifications of goodness and friends of God.  Cf. I Tim, 3,, 8-10 & 12-1.

15. … bishops are the principal dispensers of the mysteries of God, as well as being the governors, promoters, and guardians of the entire liturgical life in the church committed to them.

Then, though it is hardly subject matter for a law, it is imposed  in:

Canon 835            §1. First and foremost, the bishops exercise the office of sanctifying; they are high priests, principal dispensers of the mysteries of God and moderators, promoters and custodians of the whole liturgical life of the church committed to them.

This canon displays no visible aspect of a law; it is merely a statement─and not even a statement of fact. When has a bishop’s office entitled him to meddle with the Mass? This is question beggary with a vengeance, and without question.

Of the 1752 canons in the new code 112 feature that useless novelty, the Episcopal Conference. Canons 447-459 appear to establish and define it. The other 96 recommend chances for interference and extra administrative steps, half of these frivolous.  Of the remaining 48, canons 242-258 concern a Charter of Priestly Formation, to be drawn up for each country by its Episcopal Conference, taking account of the norms issued by the supreme authority, to be approved by the Holy See; moreover, to be adapted to new circumstances, likewise with approval of the Holy See. This Charter is to define overall principles governing formation in the seminary and the general norms which take account of pastoral needs of each region or province.

Canons 294-297 deal with another innovation, personal prelatures, which may be established by the Apostolic See after consulting Episcopal Conferences concerned. They are composed of deacons and priests of the secular clergy. Their purpose is to promote an appropriate distribution of priests, or to carry out special pastoral or missionary enterprises in different regions or for different social groups. The presiding Prelate has the right to establish a national or an international seminary, and to incardinate students and promote them to orders with the title of service of the prelature. Lay people can dedicate themselves to the apostolic work of a personal prelature by way of agreements made with the prelature.

The statutes are to define the relationships of the prelature with the Ordinaries in whose Churches the prelature, with prior consent of the diocesan Bishop, exercises … pastoral or missionary activity. [So what concerns the Conference?]

Garrulous Karolus the Koran Kisser published this excuse for a legal code January 25, 1983 with declared purposes clearly substantiating my own charges.

With apologies for partial repetition of a promulgation, most of which was quoted [with my bracketed comments] in my book, The Enemy Is Here!:

In promulgating this Code today, therefore, we are fully conscious that this act stems from our pontifical authority itself, and so assumes a primatial nature. [One begged question  begs another.] Yet we are no less aware that in its content this Code reflects the collegial solicitude for the Church of all our brothers in the episcopate. Indeed, by a certain analogy with the Council itself, the Code must be viewed as the fruit of collegial cooperation, which derives from the combined energies of experienced people and institutions throughout the whole Church. [The code it replaced derived from the revelation complete at the death of the last Apostle, and the combined experience of nineteen centuries.]

A second question arises: what is the Code? For an accurate answer to this question, it is necessary to remind ourselves of that distant heritage of law contained in the books of the Old and New Testaments. It is from this, as from its first source, that the whole juridical and legislative tradition of the Church derives. [Until 1983.]

For Christ the Lord in no way abolished the bountiful heritage of the law and the prophets which grew little by little from the history and experience of the People of God in the Old Testament. Rather he fulfilled it (cf. Matt.5,17), so that it could, in a new and more sublime way, lead to the heritage of the New Testament. Accordingly, although St Paul in expounding the mystery of salvation teaches that justification is not obtained through the works of the law but through faith (cf. Rom.3,28; Gal.2,16), nonetheless he does not exclude the binding force of the Decalogue (cf. Rom.13,8-10; Gal.5,13-25; 6, 2), [Works of the law were the burnt offerings of the Old Testament; they did not refer to the Decalogue. Even the author of this promulgation knew this.] nor does he deny the importance of discipline in the Church (cf. 1 Cor.5 and 6). …

… the purpose of the Code is not in any way to replace faith, grace, charisms and above all charity in the life of the Church or of Christ’s faithful. On the contrary, the Code rather looks towards the achievement of order [something new?] in the ecclesial society, such that while attributing a primacy to love, grace and the charisms, it facilitates at the same time an orderly development [something new!] …

As the Church’s fundamental legislative document, and because it is based on the juridical and legislative heritage of revelation and tradition the [1983] Code must be regarded as the essential instrument for the preservation of right order [which we obviously lacked until this new code], both in individual and social life and in the Church’s zeal. Therefore, over and above the fundamental elements of the hierarchical and organic structure of the Church established by the Divine Founder based on apostolic or other no less ancient [Hebrew?] tradition, …

The instrument, such as the Code is, fully accords with the nature of the Church, particularly as presented in the authentic teaching of the Second Vatican Council seen as a whole, and especially in its ecclesiological doctrine. In fact, in a certain sense, this new Code can be viewed as a great effort to translate the conciliar ecclesiological teaching into canonical terms. If it is impossible perfectly to transpose the image of the Church described by conciliar doctrine into canonical language, nevertheless the Code must always be related to that image as to its primary pattern, whose outlines, given its nature, the Code must express as far as is possible.

Hence flow certain fundamental principles by which the whole of the new Code is governed, within the limits of its proper subject and of its expression, which must reflect that subject. Indeed it is possible to assert that from this derives that characteristic whereby the Code is regarded as a complement to the authentic teaching proposed by the Second Vatican Council and particularly to its Dogmatic and Pastoral Constitutions.

From this it follows that the fundamental basis of the ‘newness’ which, while never straying from the Church’s legislative tradition, is found in the Second Vatican Council and especially in its ecclesiological teaching, generates also the mark of ‘newness’ in the new Code.

Foremost among the elements which express the true and authentic image of the Church are: the teaching whereby the Church is presented as the People of God (cf. Const. Lumen Gentium, n. 2) and its hierarchical authority as service (ibid n. 3); the further teaching which portrays the Church as a communion and then spells out the mutual relationships which must intervene between the particular and the universal Church, and between collegiality and primacy; likewise, the teaching by which all members of the People of God share, each in their (sic) own measure, in the threefold priestly, prophetic and kingly office of Christ (an oft repeated conciliar catch-phrase), with which teaching is associated also that which looks to the duties and rights of Christ’s faithful and specifically the laity; and lastly the assiduity which the Church must devote to ecumenism.

If, therefore, the Second Vatican Council drew old and new from the treasury of tradition, and if its newness is contained in these and other elements, it is abundantly clear that the Code receives into itself the same mark of fidelity in newness and newness in fidelity [literally, double-talk], and that its specific content and corresponding form of expression is in conformity with this aim.

The new Code of Canon Law is published precisely at a time when the Bishops of the whole Church are not only asking for its promulgation but indeed are insistently and vehemently demanding it. [What a coincidence!]

And in fact a Code of Canon Law is absolutely necessary for the Church. Since the Church is established in the form of a social and visible unit, it needs rules, so that its hierarchical and organic structure may be visible; that its exercise of the functions divinely entrusted to it, particularly of sacred power and of the administration of the sacraments, is properly ordered; that the mutual relationships of Christ’s faithful are reconciled in justice based on charity, with the rights of each safeguarded and defined; and lastly, that the common initiatives [novelties] which are undertaken so that Christian life may be ever more perfectly carried out, are supported strengthened and promoted by canonical laws.

[According to The Catholic Encyclopedia (1913) it appears that the Church never had a Code of Canon Law until 1917:

“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. The name ‘canonical collections’ is given to all collections of ecclesiastical legislative texts, because the principal texts were the canons of the councils. At first the authors of these collections contented 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 of Pseudo-Isidore. 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 [1198-1215]; the later collections of the ‘Corpus Juris’ [circa 1500], except the ‘Extravagantes’, are official. All the texts in an official collection have the force of law.”]

Finally, canonical laws by their very nature demand observance. For this reason, the greatest care has been taken that during the long preparation of the Code there should be an accurate expression of the norms and that they should depend upon a sound juridical, canonical and theological foundation [as opposed to the 1917 Code?].

In view of all this, it is very much to be hoped that the new canonical legislation will be an effective instrument by the help of which the Church will be able to perfect itself in the spirit of the Second Vatican Council, …

11. Faculties of Sacred Sciences

The Church expects much from the zealous endeavors of the faculties of the sacred sciences.(34) For to them she entrusts the very serious responsibility of preparing her own students not only for the priestly ministry, but especially for teaching in the seats of higher ecclesiastical studies or for promoting learning on their own or for undertaking the work of a more rigorous intellectual apostolate. Likewise it is the role of these very faculties to make more penetrating inquiry into the various aspects of the sacred sciences so that an ever deepening understanding of sacred Revelation is obtained, the legacy of Christian wisdom handed down by our forefathers is more fully developed, the dialogue with our separated brethren and with non-Christians is fostered, and answers are given to questions arising from the development of doctrine.(35)            ─ Declaration on Christian Education

[It is clearly implied here that Jesus Christ failed miserably in presentation of His Gospel, and that the Second Vatican Council has brought us up to date. This immediately calls into question the authority of the supposedly erring Church on which is necessarily based the authority of its latest heir, the Second Vatican Council, which implicitly recognizes the varying truths of our separated brethren, and the outright denial of the basis of our religion by Judaism and Islam. In this the Council and its postconciliar “Church” have adhered to tradition─the tradition of Arius, Luther, Calvin, Cranmer, the Koran, and the Talmud.]

9. The declaration of this Vatican Council on the right of man to religious freedom has its foundation in the dignity of the person, whose exigencies have come to be more fully known to human reason through centuries of experience. What is more, this doctrine of freedom has roots in divine revelation, and for this reason Christians are bound to respect it all the more conscientiously. Revelation does not indeed affirm in so many words the right of man to immunity from external coercion in matters religious. It does, however, disclose the dignity of the human person in its full dimensions. It gives evidence of the respect which Christ showed toward the freedom with which man is to fulfill his duty of belief in the word of God and it gives us lessons in the spirit which disciples of such a Master ought to adopt and continually follow. Thus further light is cast upon the general principles upon which the doctrine of this declaration on religious freedom is based. In particular, religious freedom in society is entirely consonant with the freedom of the act of Christian faith.               
                                        ─ Declaration on Religious Freedom

[All this innovative nonsense clarifies Christ’s words, He who believes not shall be condemned. The 1917 Code took Him seriously in:

Canon 1322: Christ our Lord confided to the Church the deposit of faith, in order that she, with the perpetual assistance of the Holy Ghost, might faithfully preserve and expound the revealed doctrine. Independently of any civil power whatsoever, the Church has the right and duty to teach all nations the evangelical doctrine, and all are bound by the divine law to acquire a proper knowledge of this doctrine and to embrace the true Church of God.]

 

11. In the end, when He completed on the cross the work of redemption whereby He achieved salvation and true freedom for men, He brought His revelation to completion.       
                                       ─ Declaration on Religious Freedom

[A classic multi-heretical lie!]

12. In faithfulness therefore to the truth of the Gospel, the Church is following the way of Christ and the apostles when she recognizes and gives support to the principle of religious freedom as befitting the dignity of man and as being in accord with divine revelation. Throughout the ages the Church has kept safe and handed on the doctrine received from the Master and from the apostles. In the life of the People of God, as it has made its pilgrim way through the vicissitudes of human history, there has at times appeared a way of acting that was hardly in accord with the spirit of the Gospel or even opposed to it. Nevertheless, the doctrine of the Church that no one is to be coerced into faith has always stood firm.                     ─ Declaration on Religious Freedom

[Why, then, has the postconciliar “Church” on its pilgrim way tried to coerce Catholics into belief in its innovations?]

 

Among the innovative laws made necessary by the Second Vatican Council and its new “Church” are:

Canons 336-341, six “laws” which permit “bishops” to gather in colleges to agree with a “pope” who made them “bishops” because they agree with him.

Canons 342-348, seven “laws” which constitute a treatise on an innovation, the Synod of Bishops, and which lack any shadow of equivalent in the 1917 Code and its sources.

Canons 362-367, six laws which replace four laws of the 1917 Code with virtually identical content.

Canons 511-514, four laws which actually establish another innovation, a Pastoral Council to advise the diocesan bishop. “In each diocese … a pastoral council is to be established … to investigate … all those things which pertain to pastoral works, to ponder, and propose practical conclusions about, them. … consists of (the usual suspects) and especially lay persons.” The bishop appoints, convokes, and presides over the Council, which “enjoys only a consultative vote; it is for the bishop alone to make public what has  been done in the council.”

[That says it all, except: “When the see is vacant” (in our time a practically universal condition) “the pastoral council ceases to exist.”]

Canon 2335 (1917) Those who enlist in Masonic sects or other associations of the same kind, which plot against the Church or against lawful civil authority, ipso facto incur excommunication simply reserved to the Apostolic See.

has been updated:

Canon 1374 (1983)  One who joins an association which plots against the Church is to be punished with a just penalty; one who promotes or moderates such an association, however, is to be punished with an interdict.

The marriage canons have lost their rigor through loss and modification, though marriage itself supposedly endures.

Among the missing are 1917 canons:

1917 Canon1081               §1. Marriage is effected by the consent of the parties lawfully expressed between persons who are capable according to law; and this consent no human power can supply.
            §2. Matrimonial consent is an act of the will by which each party gives and accepts a perpetual and exclusive right over the body, for acts which are of themselves suitable for the generation of children.

1917 Canon1082                §1. In order that matrimonial consent be possible it is necessary that the contracting parties be not ignorant that marriage is a permanent society between man and woman for the procreation of children.

[Both substituted in the 1983 Code by Canon 1096:          
§1. 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.]

1917 Canon 1092               A condition once placed and not revoked:           ˚ If it is a condition regarding a future event which is necessary, or impossible, or immoral but not contrary to the substance of marriage, is to be considered as not having been made; 2˚ If it concerns the future and is contrary to the substance of marriage, it makes the marriage invalid;                
              3˚ If it concerns the future and is licit, it suspends the validity of the marriage;     
                4˚ If it concerns the past or the present, the marriage will be valid or not according as the matter concerning which the condition is made, exists or not.

[Replaced in the 1983 Code by:

Canon 1102: §1. Marriage based on a condition concerning the future cannot be contracted validly.    §2. Marriage based on a condition concerning the present or the past is valid or invalid, insofar as the subject matter of the condition exists or not.                   §3. The condition mentioned in §2 cannot be placed licitly without the written permission of the local ordinary.]

1917 Canon1101               §1. The pastor should see to it that the parties receive the solemn blessing, which may be given to them even after they have lived a long time in the married state, but only at Mass, with the observance of the special rubric, and except during the forbidden time.         
§2. The solemn blessing can be given either in person or through a representative, by that priest alone who can validly and licitly assist at the marriage.

1917 Canon1102               §1. In marriages between a Catholic and a non-Catholic party, the questions regarding consent must be put according to canon 1095, §1, n. 3.           §2. But all sacred rites are forbidden; in case it is foreseen that greater evils will result from this prohibition, the Ordinary may permit some of the usual ecclesiastical ceremonies, excluding always the celebration of Mass.

[The new Code buries this with six  canons:                  
1983 Canon 1124   Without the express permission of the competent authority, marriage is forbidden between two baptized persons, one of whom was baptized in the Catholic Church or received into it after baptism and has not left it by a formal act, and the other of whom is a member of a church or ecclesial community which is not in full communion with the Catholic Church.

1983 Canon 1125      The local authority can grant this permission 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 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 children baptized and brought up 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 party.

1983 Canon 1126          The conference of bishops is to establish the way in which these declarations and 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.                

1983 Canon 1127   §1. The prescriptions of canon 1108 are to be observed concerning the form to be employed in a mixed marriage; if a Catholic party contracts marriage with a non-Catholic of an oriental rite, the canonical form of celebration is to be observed only for liceity; for validity, however, the presence of a sacred minister is required along with the observance of the other requirements of law.                    §2. If serious difficulties pose an obstacle to the observance of the canonical form, the local ordinary of the Catholic party has the right to dispense from the form in individual cases, but after consulting the ordinary of the place where the marriage is to be celebrated and with due regard, for validity, for some public form of celebration; the conference of bishops is to issue norms by which such a dispensation may be granted in an orderly manner.        
               §3. Before or after the canonical celebration held in accord with the norm of §1, it is forbidden to have another religious celebration of the same marriage to express or renew matrimonial consent; it is likewise forbidden to have a religious celebration in which a Catholic and a non-Catholic minister, assisting together but following their respective rituals, ask for the consent of the parties.

1983 Canon 1128   Local ordinaries 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 obligations and are to aid the spouses in fostering the unity of conjugal and family life (after removing  all support formerly afforded the Catholic party).

1983 Canon 1129   The prescriptions of canons 1127 &1128 are also to be applied to marriages involving the impediment  of disparity of cult mentioned in canon 1086, §1.]

1917 1107 concerns recording of a marriage of conscience.

1917 1109 §1. Marriage between Catholics should be celebrated in the parish church; it may however be celebrated in another church or oratory, whether public or semi-public, only with the consent of the Ordinary of the place or the pastor.  
           §2. Ordinaries of places can permit that marriage be celebrated in a private house only in an extraordinary case and always on condition that there be a just and reasonable cause; but Ordinaries must not permit it in churches or oratories of a seminary or of religious women, unless in case of necessity and with suitable safeguards.                              
           §3. But marriages between a Catholic and a non-Catholic party are to be celebrated outside the church; in case the Ordinary prudently judges that this cannot be observed without giving occasion to greater evils, it is left to his prudent discretion to dispense from this requirement, without prejudice however to the provision of canon 1102, §2.

[The 1983 Code updates this in Canon 1118              
       §1. Marriage between Catholics is to be celebrated in a parish church; with the permission of the local ordinary or the pastor, it can be celebrated in another church or oratory.        
        §2. The local ordinary can permit marriage to be celebrated in some other suitable place.                     
        §3. Marriage between a Catholic and a non-baptized party can be celebrated in a church or in some other suitable place.]

More 1983 novelties

Canon 1108             §2. The one assisting at a marriage is understood to be only that person who, present at the ceremony, asks for the contractors’ manifestation of consent and receives it in the name of the Church.

Canon 1112                  §1. With the prior favorable opinion of the conference of bishops and after permission of the Holy See has been obtained, the diocesan bishop can delegate lay persons to assist at marriages where priests or deacons are lacking.                                               §2. A suitable lay person is to be chosen who is capable of giving instruction to those to be wed and qualified to perform the marriage liturgy correctly.

Canon 1116 (approximates canon 1098 of the 1917 Code)                  §1. If the presence  of or access to a [lay?] person who is competent to assist at marriage in accord with the norm of law is impossible without serious inconvenience, persons intending to enter a true marriage can validly and licitly contract 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 and with due regard for the validity of a marriage celebrated before witnesses alone, if another priest or deacon who can be present and is readily available, he must be called upon and must be present at the celebration of the marriage, along with the witnesses. [Here you are, in danger of death, and you must canvass the local region for a priest or deacon not attached to your parish!]

Canon 833                            Profession of Faith

Final paragraph of the 1983 Profession of Faith:                
“Moreover, I adhere with religious submission of will and intellect to the teachings which either the Roman Pontiff or the College of Bishops enunciate when they exercise their authentic Magisterium, even if they do not intend to proclaim these teachings by a definitive act.”

[This binds the clergy to the decrees and documents of the Second Vatican Council, their implementations, and that horde of postconciliar innovations which it never suggested, such as the idolatrous novus ordo missae, sacraments of human invention, and this code of silly proposals.]

Law promulgated by Pope St. Pius V omitted in 1917 Code

Against Clerics whomsoever, whether secular or regular, guilty of abominable crime.

For perpetual remembrance of the matter.

That fearful crime, by which the polluted joined (papal) states have been consumed by the terrible judgment of God, attaches to Us bitterest sorrow, and gravely violently stirs our mind, that toward restraining it, as much as possible, we concentrate our efforts.

1.                                      It was properly noted by the Lateran Council, that whatsoever Cleric will have been discovered to suffer from that incontinence which is against nature, on account of which the wrath of God falls upon the sons of unbelief (cf. Vulg. Eph. 5, 6), is to be ejected from the ranks of the clergy and be reduced to do penance in a monastery.

2.                                      But lest the contagion of such a scourge, from the hope of impunity which is the greatest lure of sinning, more confidently grows in power, We determine that clerics guilty of this execrable crime are to be quite gravely punished, so that whoever does not abhor the ruination of the soul, the avenging secular sword of civil laws will certainly deter.

3.                                      And thus because We have made a decree in this matter at the beginning of Our Pontificate, now in a fuller and stronger way intending it to be followed strictly, each and all priests, whoever they are, other secular clerics, and regular clerics of any grade and dignity, busy at such a monstrosity, We deprive of every clerical privilege, of every office, dignity, and ecclesiastical benefice by the authority of the present legal instrument. So it is enacted that once they are degraded by the Ecclesiastical Judge, they be handed over immediately to the secular arm, which will exact upon them the same penalty, which is ascertained to have been constituted by legitimate sanctions against laymen who have slid down into this ruin. Nothing to the contrary withstanding, etc.

Given at Rome at St. Peter’s, 30 August in the Year of the Lord’s Incarnation 1568 during the third year of Our Pontificate.

*              *              *              *              *              *

As Hugo Maria Kellner demonstrated, Canon 968 (1917 Code) falsified Church doctrine by listing apostasy and excommunication as “irregularities”—thus preserving non-existent Catholic rights of ex-Catholics.

The 1917 Code was a codification of the many overlapping sources of the law, not intended as a correction. It removed laws for which no purpose remained, but freemasonry remains a major foe, entitled to no benefit from our laws. Only treachery could have introduced this “loophole.”

Certain laws enacted against enemies of the Church by the Third National Council of Toledo (589) were ignored in the 1917 codification.

Obviously these laws would have greatly impeded the modernist usurpation of the highest offices in the Church. So we look to the background of those who guided and approved the 1917 codification. We find that though the codification was ordered under the authority of Pope St. Pius X, it was committed to known Freemasons Gasparri and Rampolla (cf. The Underminig of the Catholic Church, Mary Martinez), and approved by their crony, Benedict XV after the opportune death of St. Pius X. We are almost forced to the conclusions that (1) Randy Engels could have gone further back in her research for her book, The Rite of Sodomy, and (2) Gasparri, Rampolla, and Benedict XV were protecting themselves. It is extremely difficult to construe their omission of vital legal protection of the Church as mere coincidence.

The Second Council of Nicaea (787)

Canon 4 …   So if it is discovered that somebody, because of a demand for gold or something similar, or because of some private infatuation of his own, has excluded from the liturgy or excommunicated one of the clerics under his authority, or has closed off one of the holy churches, preventing the celebration of God's liturgies in it, pouring out his own madness against insensible things, then he is truly senseless himself and he should be subjected to suffer what he would inflict and the penalty imposed by him will turn upon his own head, because he has transgressed both the law of God and the rulings of the apostles. …

 

1917 Code Part One. Of The Sacraments

1917 Canon 731  §1 As all the Sacraments instituted by Christ our Lord are the principal means of sanctification and salvation, the greatest care and reverence should be employed in their suitable and proper administration and reception. (concise law with no axe to grind.)

1983 Code Part I: The Sacraments

1983 Canon 840 The sacraments of the New Testament were instituted by Christ the Lord and entrusted to the Church. As actions of Christ and of the Church, they are signs and means by which faith is expressed and strengthened, worship is offered to God and our sanctification is brought about. Thus they contribute in the most effective manner to establishing, strengthening and manifesting ecclesiastical communion. Accordingly, in the celebration of the sacraments both the sacred ministers and all the other members of Christ’s faithful must show great reverence and due care. (new verbiage underlined)

1983 Canon 841 Since the sacraments are the same throughout the universal Church, and belong to the divine deposit of faith, only the supreme authority in the Church can approve or define what is needed for their validity. It belongs to the same authority, or to another competent authority in accordance with Canon 838 §§3 and 4, to determine what is required for their lawful celebration, administration and reception and for the order to be observed in their celebration. (assumption of competence at convenient times to correct tradition and Jesus Christ Himself)

1917 Canon 731 §2 It is forbidden to ad­minister the Sacraments of the Church to heretics or schis­matics, even though they err in good faith and ask for them, unless they have first renounced their errors and been recon­ciled with the Church.

1983 Canon 844 §1      Catholic ministers may lawfully administer the sacraments only to Catholic members of Christ’s faithful, who equally may lawfully receive them only from Catholic ministers, except as provided in §§2, 3 and 4 of this Canon and in Canon 861 §2.

 §2 Whenever necessity (deathbed) requires or a genuine spiritual advantage commends it, and provided the danger of error or indifferentism is avoided, Christ’s faithful for whom it is physically or morally impossible to approach a Catholic minister, may lawfully receive the sacraments of penance, the Eucharist and (new) anointing of the sick from non-Catholic ministers in whose Churches these sacraments are valid.

§3 Catholic ministers may lawfully administer the sacraments of penance, the Eucharist and anointing of the sick to members of the eastern Churches not in full communion with the Catholic Church, if they spontaneously ask for them and are properly disposed. The same applies to members of other Churches which the Apostolic See judges to be in the same position as the aforesaid eastern Churches so far as the sacraments are concerned. (new)

§4 If there is a danger of death or if, in the judgment of the diocesan Bishop or of the Episcopal Conference, there is some other grave and pressing need, Catholic ministers may lawfully administer these same sacraments to other Christians not in full communion with the Catholic Church, who cannot approach a minister of their own community and who spontaneously ask for them, provided that they demonstrate the Catholic faith in respect of these sacraments and are properly disposed. (new)

§5 In respect of the cases dealt with in §§2, 3 and 4, the diocesan Bishop or the (new) Episcopal Conference is not to issue general norms except after consultation with the competent authority, at least at the local level, of the non-Catholic Church or community concerned.

1917 Canon 733  In the celebration, administration and reception of the sacraments, the liturgical rites and ceremonies prescribed in the rituals approved by the Church must be accurately observed .  Each one shall follow the rite to which he belongs, except in the cases mentioned in Canons 851 and 866.

1983 Canon 846    §1 The liturgical books, approved by competent (?) authority, are to be faithfully followed in the celebration of the sacraments. Accordingly, no one may on personal initiative add to, omit, or alter anything in those books.

                §2 The ministers are to celebrate the sacraments according to their own rite.

1917 Canon 734  The holy oils required in the administration of several of the Sacraments must have been blessed by the bishop on the Holy Thursday immediately preceding, and the oils blessed pre­viously are not to be used except in a case of necessity. If there is danger of the holy oils giving out, more olive oil which has not been blessed may be added even repeatedly, but always in a quantity less than the holy oils.

1917 Canon 735  The pastor must obtain the holy oils from his own Ordinary, and keep them under lock and key in a safe and becoming place in the church. Only under pressure of necessity or other reasonable cause may he keep them in his house, and in such a case he needs also the permission of the Ordinary.

1983 Canon 847 §1            In administering sacraments in which holy oils are to be used, the minister must use oil made from olives or other plants, which, except as provided in Canon 999, n. 2, has recently been consecrated or blessed by a Bishop. Older oil is not to be used except in a case of necessity.

§2 The parish priest is to obtain the holy oils from his own Bishop and keep them carefully in fitting custody.

1917 Canon 736  Regardless of the reason or the occasion, the minister shall not either directly or indirectly exact or ask for any re­muneration for administering the Sacraments, except the offer­ings spoken of in Canon 1507.

1983 Canon 848 For the administration of the sacraments the minister may not ask for anything beyond the offerings which are determined by the competent authority, and he must always ensure that the needy are not deprived of the help of the sacraments by reason of poverty.

1917 Canon 737  §1. Baptism, the door and foundation of the Sacraments, necessary to salvation for all in fact or at least in desire, is not validly conferred, if not through ablution of true and natural water with the prescribed form of words.

§2           Baptism administered with the observance of all the rites and ceremonies prescribed in the ritual is called solemn; otherwise it is called not solemn, or private.

[Nothing further is stated in the Code about the matter and form of Baptism, because these subjects belong to the domain of dogmatic and moral theology.─Woywod]

1983 Canon 849 Baptism, the gateway to the sacraments, is necessary for salvation, either by actual reception or at least by desire. By it people are freed from (original?) sins, are born again as children of God and, made like to Christ by an indelible character, are incorporated into the Church. It is validly conferred only by a washing in real water with the proper form of words. (heirs of heaven?)

1917 Canon 738  §1           The ordinary minister of Solemn Baptism is the priest. Its administration, however, is reserved to the pastor or another priest acting with the permission of the pastor or of the local Ordinary, which permission is legitimately presumed in a case of necessity.

                §2           Even a peregrinus (i.e., a person who is at the time outside the parish where he has his domicile or quasi-domicile) should receive Solemn Baptism from his proper pastor in his own parish, if this can be easily done and without delay; otherwise, any pastor may within his territory solemnly baptize a peregrinus.

1917  Canon 739 No priest is allowed, without due permission, to baptize sol­emnly even a resident of his own parish in the territory of another pastor.

1917 Canon 740  Where parishes or quasi-parishes are not yet established, the particular statutes and accepted customs must be consulted in order to determine what priest, besides the Ordinary, has the right to baptize, either in the entire territory or in some particular district.

1917 Canon 741  The deacon is the extraordinary minister of Solemn Baptism. He shall not, however, use his power without the permission of either the local Ordinary or the pastor, which may be given for a just reason; when necessity urges, that permission is legitimately presumed.

1983 Canon 861 §1            The ordinary minister of baptism is a Bishop, a priest or a deacon, without prejudice to the provision of Canon 530, n. 1.

§2 If the ordinary minister is absent or impeded, a catechist or some other person deputed to this office by the local Ordinary, may lawfully confer baptism; indeed, in a case of necessity, any person who has the requisite intention may do so. Pastors of souls, especially parish priests, are to be diligent in ensuring that Christ’s faithful are taught the correct way to baptize.

1917 Canon 743  The pastor should take care that the faithful, espe­cially midwives, doctors and surgeons, learn how to baptize properly in a case of necessity.

1983 Canon 862 Except in a case of necessity, it is unlawful for anyone without due permission to confer baptism outside his own territory, not even upon his own subjects.

1917 Canon 744  The baptism of adults, where it can be conveniently done, should be referred to the local Ordinary, so that, if he so desires, he himself or his delegate may baptize more solemnly.

1983 Canon 863  The baptism of adults, at least of those who have completed their fourteenth year, is to be referred to the Bishop, so that he himself may confer it if he judges this appropriate.

1917 Canon 745 §1            The subject capable of Baptism is omnis et solus homo viator (that is, every living human being, and such alone), who has not yet been baptized.

                §2           In connection with Baptism:

1° the term parvulus or infans means, according to Canon 88, one who has not yet the use of reason, and persons insane from infancy are regarded as equivalent to parvuli, no matter what age they may be.

2° The term adults here implies those who have the use of reason: for admission to Baptism, it is sufficient if these of their own free will ask individually for it.

1983 Canon 864  Every unbaptized person, and only such a person, can be baptized.

1983 Canon 842 §1            A person who has not received baptism cannot validly be admitted to the other sacraments.

§2 The sacraments of baptism, confirmation and the blessed Eucharist so complement one another that all three are required for full Christian initiation.(new─but law?)

1917 Canon 732  The Sacraments of Baptism, Confirmation and Orders which imprint a character cannot be received a second time. If, however, there is a prudent doubt whether they have been conferred at all, or whether they were validly conferred, they may be conditionally repeated.

1983 Canon 845 §1            Because (?) they imprint a character, the sacraments of baptism, confirmation and order cannot be repeated.

                §2 If after diligent enquiry a prudent doubt remains as to whether the sacraments mentioned in §1 have been conferred at all, or conferred validly, they are to be conferred conditionally.

1983 THE CELEBRATION OF BAPTISM

1983 Canon 850  Baptism is administered according to the rite prescribed in the approved liturgical books, except in case of urgent necessity when only those elements which are required for the validity of the sacrament must be observed.

1983 Canon 851  2° the parents of a child who is to be baptized, and those who are to undertake the office of sponsors, are to be suitably instructed on the meaning of this sacrament (Joining the mob) and the obligations attaching to it. The parish priest is to see to it that either he or others duly prepare the parents, by means of pastoral advice and indeed by prayer together; a number of families might be brought together for this purpose and, where possible, each family visited (new). (not on golf day!)

1983 Canon 852 §1   The provisions of the Canons on adult baptism apply to all those who, being no longer infants, have reached the use of reason.

§2 One who is incapable of personal responsibility is regarded as an infant even in regard to baptism.

1983 Canon 853  Apart from a case of necessity, the water to be used in conferring baptism is to be blessed, in accordance with the provisions of the liturgical books.

1983 Canon 854  Baptism is to be conferred either by immersion or by pouring, in accordance with the provisions of the (new) Episcopal Conference.

1917 Canon 749  Infants who have been abandoned and found shall be baptized conditionally, if after careful investigation there is no certainty about their Baptism.

1983 Canon 870  An abandoned infant or a foundling is to be baptized unless diligent enquiry establishes that it has already been baptized.

1917 Canon 752 §1     An adult shall not be baptized except with his own knowledge and consent and after due instruction.

                §2           He is, more­over, to be admonished to repent of his sins. In danger of death, if he cannot be more thoroughly instructed in the prin­cipal mysteries of faith, it suffices for the conferring of baptism that he manifest in some way his assent to these mysteries, and promise solemnly that he will keep the commandments of the Christian religion.

                §3           If he cannot even ask for baptism, but has either before or in his present condition given some probable manifestation of an intention of receiving it, he should be bap­tized conditionally. If afterwards he gets well, and there re­mains doubt as to the validity of the Baptism, he shall be bap­tized again conditionally.

1983 Canon 851  The celebration of baptism should be properly prepared. Accordingly:

1° an adult who intends to receive baptism is to be admitted to the (new) catechumenate and, as far as possible, brought through the various stages to sacramental initiation, in accordance with the rite of initiation as adapted by the (new) Episcopal Conference and with the particular norms issued by it;

1983 Canon 865 §1            To be admitted to baptism, an adult must have manifested the intention to receive baptism, must be adequately instructed in the truths of the faith and in the duties of a Christian, and tested in the Christian life over the course of the (new) catechumenate. The person must moreover be urged to have sorrow for personal sins.

§2 An adult in danger of death may be baptized if, with some knowledge of the principal truths of the faith, he or she has in some manner manifested the intention to receive baptism and promises to observe the requirements of the Christian religion.

1917 Canon 753 §1            The Code desires that the priest who baptizes an adult be fasting, and that the adult baptized be also fasting, if he is in good health.

                §2           Unless grave and urgent reasons prevent it, the baptized adult should immediately after Baptism assist at Holy Mass and receive Holy Communion.

1983 Canon 866  Unless there is a grave reason to the contrary, immediately after receiving baptism an adult is to be confirmed (bishop?), to participate in the celebration of the Eucharist and to receive holy communion.

1917 Canon 755 §1            Baptism shall be given solemnly, except in the cases spoken of in Canon 759.

                §2           The local Ordinary may for a grave reason allow the use of the ceremonies prescribed in the baptism of infants for the baptism of adults.

1917 Canon 757 §1            In Solemn Baptism water blessed specially for this purpose shall be used.

                §2           If the water in the baptismal font is so diminished that it does not suffice, other common water may be added in smaller quantity than the remaining blessed water, and this may be done repeatedly.

                §3           If the baptismal water has become putrid, or has escaped from the font, or is lacking for any other reason, the pastor should have the font well cleaned, then put fresh water into it and bless it with the form pre­scribed in the liturgical books of his own rite.

1917 Canon 758  Though Baptism may be conferred validly in any of the three ways: infusion, immersion, aspersion, nevertheless the first method or the second or a mixture of the two, which­ever may be more widely in use, shall be retained, according to the approved rituals of the various dioceses.

1983 Canon 867 §1            Parents are obliged to see that their infants are baptized within the first few weeks. As soon as possible after the birth, indeed even before it, they are to approach the parish priest to ask for the sacrament for their child, and to be themselves duly prepared for it. (!)

§2 If the infant is in danger of death, it is to be baptized without any delay.

1983 Canon 868 §1            For an infant to be baptized lawfully it is required:

1° that the parents, or at least one of them, or the person who lawfully holds their place, give their consent;

2° that there be a well-founded hope that the child will be brought up in the Catholic religion. If such hope is truly lacking, the baptism is, in accordance with the provisions of particular law, to be deferred and the parents advised of the reason for this.

§2           An infant of Catholic parents, indeed even of non-Catholic parents, may in danger of death be baptized even if the parents are opposed to it.

1983 Canon 869 §1            If there is doubt as to whether a person was baptized or whether a baptism was conferred validly, and after serious enquiry this doubt persists, the person is to be baptized conditionally.

§2 Those baptized in a non-Catholic ecclesial community are not to be baptized conditionally unless there is a serious reason for doubting the validity of their baptism, on the ground of the matter or the form of words used in the baptism, or of the intention of the adult being baptized or of that of the baptizing minister. (formerly the fact that the minister was not Catholic constituted serious doubt.)

§3 If in the cases mentioned in §§1 and 2 a doubt remains about the conferring of the baptism or its validity, baptism is not to be conferred until the doctrine of the sacrament of baptism is explained to the person to be baptized, if that person is an adult. Moreover, the reasons for doubting the validity of the earlier baptism should be given to the person or, where an infant is concerned, to the parents. (s. o. p. into law)

1917 Canon 761  The pastors shall endeavor to see that the person bap­tized receives a Christian name; if they cannot accomplish this, they shall add to the name given by the parents the name of some saint, and enter both names in the baptismal record.

1983 Canon 855          Parents, sponsors and parish priests are to take care that a name is not given which is foreign to Christian sentiment. (Really?)

1917 Canon 770  Infants shall be baptized as soon as possible. Pastors and preachers shall often remind the faithful of this grave obligation.

1917 Canon 771  Private Baptism may, in case of necessity, be given at any time and in any place.

1917 Canon 772  Solemn Baptism may he given on any day. However, in accordance with the most ancient rite of the Church, it is a becoming practice to baptize adults on the vigils of Easter and Pentecost, especially in metropolitan and cathedral churches, if it can be done conven­iently.

1917 Canon 773  The proper place for the administration of Solemn Baptism is the baptistry in a church or public oratory.

1983 Canon 856       Though baptism may be celebrated on any day, it is recommended that normally it be celebrated on a Sunday or, if possible, on the vigil of Easter.

1983 Canon 857 §1            Apart from a case of necessity, the proper place for baptism is a church or an oratory.

   §2 As a rule and unless a just reason suggests otherwise, an adult is to be baptized in his or her proper parish church, and an infant in the proper parish church of the parents.

1917 Canon 774 §1            Every parish church shall have a baptismal font; all contrary statutes, privileges and customs interfering with that right of parish churches are disapproved and recalled. If other churches have acquired the right to baptize cumulatively, such cumulative right continues.

                §2           The local Ordinary can for the convenience of the people allow or demand that baptismal fonts be placed also in another church or public oratory within the limits of a parish.

1917 Canon 775  If the person to be baptized cannot go or be brought to the parish church or another church that has the right to baptize without great inconvenience or danger, on account of the distance or other circumstances, Solemn Baptism can and should be given by the pastor in the nearest church or public oratory within the parish, even though there is no baptismal font in that church or oratory.

1983 Canon 858 §1            Each parish church is to have a baptismal font, without prejudice to the same right already acquired by other churches.

§2 The local Ordinary, after consultation with the local parish priest, may for the convenience of the faithful permit or order that a baptismal font be placed also in another church or oratory within the parish.

1983 Canon 859  If, because of distance or other circumstances, the person to be baptized cannot without grave inconvenience go or be brought to the parish church or the oratory mentioned in Canon 858 §2, baptism may and must be conferred in some other church or oratory which is nearer, or even in some other fitting place.

1917 Canon 776 §1            Solemn Baptism cannot be given in private houses ex­cept under the following circumstances:

1) If the persons to be baptized are the sons or nephews of the highest actual ruler of a country, or have the right of succession to the throne, whenever they properly ask for it;

2) If the local Ordinary with prudent and conscientious judgment should allow it in some extraordinary case where there is a just and reasonable cause.

                §2           In these cases Baptism must be given in the private chapel of the house, or at least in a decent place, and baptismal water is to be used.

1983 Canon 860 §1            Apart from a case of necessity, baptism is not to be conferred in private houses, unless the local Ordinary should for a grave reason permit it.

        §2 Unless the diocesan Bishop has decreed otherwise, baptism is not to be conferred in hospital, except in a case of necessity or for some other pressing pastoral reason.

*           *           *           *           *           *

Sponsors are covered in Canons 762-769 (1917) and in canons 872-874 (1983), which considerably loosen 1917 requirements and end with another novelty:        
874         §2 A baptized person who belongs to a non-Catholic ecclesial community may be admitted only in company with a Catholic sponsor, and then simply as a witness to the baptism.

The 1983 code omits Canons 742, §1 & 2, 746, 748, 750-1, 756 (1917), but introduces:

Canon 843 §2 According to their respective offices in the Church, both pastors of souls and all other members of Christ’s faithful (They all know the law?) have a duty to ensure that those who ask for the sacraments are prepared for their reception. This should be done through proper evangelization and catechetical instruction, in accordance with the norms laid down by the competent authority.

 

 Sponsors

1917 Canon 762 §1            According to the most ancient custom of the Church, nobody  shall  be  baptized  solemnly unless he has, whenever possible, a sponsor.

                §2           Even in Private Baptism a sponsor should be procured, if it is easily possible; if there was no sponsor in the Private Baptism, one should be procured in the supplying of the ceremonies, but in such a case he does not contract any spiritual relationship.

1917 Canon 763 §1            When baptism is repeated conditionally, the same sponsor shall, if possible, be employed as at the first baptism; except in this case, there is no need of a sponsor in conditional bap­tism.

                §2           In the conditional repetition of baptism neither the sponsor of the first nor the sponsor at the second baptism contracts spiritual relationship, unless the same sponsor was secured on both occasions.

1917 Canon 764  There shall be but one sponsor, who may be either of the same or of different sex from the person to be baptized; two sponsors at most, one man and one woman, shall be employed.

1917 Canon 765  In order that a person may act validly as sponsor, the following rules apply:

1° He must be baptized, have attained the use of reason and have the intention of discharging that office;

2° He must not belong to an heretical or schismatic sect, nor have been excommunicated by a condemnatory or declara­tory sentence, nor suffer from infamy of law, nor be excluded from legal acts, nor have been deposed or degraded from the clerical rank;

3° The father or mother or spouse of the person to be baptized cannot be sponsor;

4° He must be designated either by the person to be bap­tized or by the parents or guardians, or in their default by the minister of baptism;

5° The sponsor must, either in person or through proxy, physically hold or touch the one baptized, or receive him im­mediately after baptism from the sacred font or from the hands of the minister.

1917 Canon 766  For licit admission as sponsor, the following conditions must be observed:

1°  The sponsor must be fourteen years of age, unless for a just reason the minister admits younger persons;

2° The sponsor must not be under excommunication, nor excluded from legal acts, nor suffer from infamy of law for reason of a notorious crime, even though no sentence was pro­nounced against him, nor must he be under an interdict, or otherwise a public criminal, or disgraced by infamy of fact;

3°The sponsor must know the rudiments of the faith;

4° The sponsor must not be a novice or professed member in any religious organization, unless there is nobody else to be had and the permission is granted by at least the local superior;

5° The sponsor must not be a cleric in sacred orders, unless he has the explicit permission of his proper Ordinary.

1917 Canon 767  In case of doubt whether one can validly or licitly be ad­mitted as sponsor, the pastor shall, if time permits,  consult the Ordinary.

1917 Canon 768  The minister of baptism and the sponsor contract spir­itual relationship from baptism with the person baptized only.

1917 Canon 769  In virtue of the office which they have accepted, it is the duty of the sponsors to take a lasting interest in their spiritual child, and to take good care that he leads a truly Christian life, as in the solemn ceremony they have pledged that he would do.

SPONSORS

1983 Canon 872  In so far as possible, a person being baptized is to be assigned a sponsor. In the case of an adult baptism, the sponsor’s role is to assist the person in Christian initiation. In the case of an infant baptism, the role is together with the parents to present the child for baptism, and to help it to live a Christian life befitting the baptized and faith4fully to fulfill the duties inherent in baptism.

1983 Canon 873  One sponsor, male or female, is sufficient; but there may be two, one of each sex.

1983 Canon 874 §1            To be admitted to undertake the office of sponsor, a person must:

1° be appointed by the candidate for baptism, or by the parents or whoever stands in their place, or failing these, by the parish priest or the minister; to be appointed the person must be suitable for this role and have the intention of fulfilling it;

2° be not less than sixteen years of age, unless a different age has been stipulated by the diocesan Bishop, or unless the parish priest or the minister considers that there is a just reason for an exception to be made;

3° be a Catholic who has been confirmed and has received the blessed Eucharist, and who lives a life of faith which befits the role to be undertaken;

4° not labor under a canonical penalty, whether imposed or declared;

5° not be either the father or the mother of the person to be baptized.

                §2 A baptized person who belongs to a non-Catholic ecclesial community may be admitted only in company with a Catholic sponsor, and then simply as a witness to the baptism.

 Records And Proof Of Baptism (1917)

1917 Canon 777 §1            The pastor shall carefully and without delay enter in the baptismal records the names of the persons baptized, the minister, the parents and sponsors, the date and place of the baptism.

                                §2           In the baptism of illegitimate children the name of the mother is to be entered, if her motherhood is publicly known, or if she of her own accord asks in writing or before two wit­nesses that such entry be made. Also the name of the father is to be entered, provided he himself demands it of his own accord in writing or before two witnesses, or if he is known to be the father from some public and authentic document. In other cases the baptism is to be recorded as of a child of un­known father or of unknown parents.

1917 Canon 778  If baptism was not given by the proper pastor, or in his presence, the minister shall as soon as possible inform the pastor of the domicile of the person baptized about the baptism.

1917 Canon 779  Unless the rights of a third party are prejudiced thereby, one witness who is absolutely trustworthy, or the oath of the baptized party himself, if he was baptized at adult age, suffic/es for the proof of baptism.

PROOF AND REGISTRATION OF BAPTISM  (1983)

1983 Canon 875 Whoever administers baptism is to take care that if there is not a sponsor present, there is at least one witness who can prove that the baptism was conferred.

1983 Canon 876 To prove that baptism has been conferred, if there is no conflict of interest, it is sufficient to have either one unexceptionable witness or, if the baptism was conferred upon an adult, the sworn testimony of the baptized person.

1983 Canon 877 §1 The parish priest of the place in which the baptism was conferred must carefully and without delay record in the register of baptism the names of the baptized, the minister, the parents, the sponsors and, if there were such, the witnesses, and the place and date of baptism. He must also enter the date and place of birth.

§2 In the case of a child of an unmarried mother, the mother’s name is to be entered if her maternity is publicly known or if, either in writing or before two witnesses, she freely asks that this be done. Similarly, the name of the father is to be entered, if his paternity is established either by some public document or by his own declaration in the presence of the parish priest and two witnesses. In all other cases, the name of the baptized person is to be registered, without any indication of the name of the father or of the parents.

§3 In the case of an adopted child, the names of the adopting parents are to be registered and, at least if this is done in the local civil registration, the names of the natural parents in accordance with §§1 and 2 subject however to the rulings of the Episcopal Conference.

1983 Canon 878 If baptism was administered neither by the parish priest nor in his presence, the minister of baptism, whoever that was, must notify the parish priest of the parish in which the baptism was administered, so that he may register the baptism in accordance with Canon 877 §1.

Private Baptism (Canon 742-743)

1917 Canon 742  §1           Private Baptism, as spoken of in Canon 759, may be given by any one who uses the proper matter and form and has the right intention. In so far as possible, two witnesses, or at least one, should be present, by whom the conferring of Baptism can be proved.

                §2           A priest who happens to be present, shall be preferred to a deacon; a deacon to a subdeacon; a cleric to a lay person, and a man to a woman, unless decency demand that a woman be preferred, or the woman is more conversant with the form and manner of baptizing.

                §3           The father or mother are not allowed to baptize their own child except in danger of death when there is no one else at hand who can baptize.

Unusual Cases Of Infant Baptism (Canon 746-748)

1917 Canon 746 §1            An infant shall not be baptized while still enclosed in the mother's womb as long as there is probable hope that it can be baptized when born.

                §2           If the infant puts forth the head, it may be baptized on the head in case of imminent danger of death, and Baptism shall not afterwards be repeated condition­ally if the child lives.

                §3           Should any other limb emerge, the infant may be baptized on that limb conditionally, if the danger of death is imminent, but if the infant is born alive it must be baptized again conditionally.

                §4           If the mother dies in pregnancy, and the fetus, when extracted by those whose duty it is to do this, shows sure signs of life, it shall be baptized absolutely; conditional baptism is given if life is doubtful.

                §5           If the fetus was baptized in the mother's womb, it shall, when born, be baptized again conditionally.

1917 Canon 747  Care should be taken that every fetus born prematurely, no matter at what stage of pregnancy, be baptized: the baptism shall be absolute, if it is certain that the fetus is alive, and conditional, if life is doubtful.

1983 Canon 871 Aborted fetuses, if they are alive, are to be baptized, in so far as this is possible.

1917 Canon 748  Monstrous and unusual forms of the fetus should al­ways be baptized, at least conditionally; when there is doubt whether the fetus is one being or several, one should be baptized absolutely and the others conditionally.

Private Baptism

1917 Canon 759  §1           In danger of death Private Baptism may be given. If it is administered by a person who is neither a priest nor a deacon, only that should be done which is necessary for the validity of baptism. If a priest or a deacon baptizes, and time permits, he should perform the ceremonies which follow bap­tism.

                                §2           Except in danger of death, the local Ordinary may permit Private Baptism only in the case of adult converts from heresy who are baptized conditionally.

                §3           The ceremonies which for any reason have been omitted in the conferring of baptism, shall be supplied as soon as possible in church, except in the case of con­ditional baptism of converts from heretical sects.

1917 Canon 760  If baptism is repeated conditionally, the ceremonies should be supplied if they were omitted in the first baptism, saving the exception of the foregoing Canon in reference to condi­tional baptism of converts from heretical sects. If the cere­monies were employed in the first baptism, one is at liberty to repeat them or not.

Baptism Of Mentally Defective Persons (Canon 754)

1917 Canon 754  §1           Insane and frenzied persons shall not be baptized unless they have been such from birth, or became afflicted before they had obtained the use of reason, in which case they should be baptized like infants.

                §2           If they have lucid intervals, they should be baptized during such a moment if they manifest a desire for baptism.

                                §3           They should also be baptized in imminent danger of death, if, before they became insane, they showed a desire for baptism.

                §4           Those suffering from lethargy or phrenesis shall be baptized only while they are conscious and desirous of baptism; if the danger of death is imminent and they have shown a desire for baptism before they lost control of their minds, they should be baptized.

1983 Canon 843 §1 Sacred ministers may not deny the sacraments to those who opportunely ask for them, are properly disposed and are not prohibited by law from receiving them.

§2 According to their respective offices in the Church, both pastors of souls and all other members of Christ’s faithful have a duty to ensure that those who ask for the sacraments are prepared for their reception. This should be done through proper evangelization and catechetical instruction, in accordance with the norms laid down by the competent authority.

1917 Canon 750  §1           An infant of unbaptized parents can be lawfully bap­tized, even despite the objection of the parents, if the danger of death of the infant is such that it may be prudently judged the child will die before it comes to the use of reason.

                                §2           Provided there is guarantee for the Catholic bringing up of the child, an infant may be licitly baptized even though there is no danger of death:

1° if the parents or guardians, or at least one of them, consent;

2° if there are no parents (i.e., father or mother, grandfather or grandmother) or guardians, or if they lost the right to the custody of the child, or cannot in any way exercise that right.

1917 Canon 751  In reference to the baptism of an infant whose parents belong to an heretical or schismatic sect, or have become apos­tates from the Church, or have lapsed into heresy or schism, the regulations laid down in the preceding Canon are to be fol­lowed.

Latin And Oriental Rite Of Baptism (Canon 756)

1917 Canon 756 §1            The child must be baptized in the rite to which the parents belong.

                §2           If one of the parents belong to the Latin Rite and the other to an Oriental Rite, the child shall be baptized in the rite to which the father belongs, unless a contrary ruling has been made by special law.

                §3           If only one of the parents is a Catholic, the child shall be baptized in the rite of the Catholic Party.

 

Confirmation (1917 Code)

Canon 780            The Sacrament of Confirmation is to be conferred by the imposition of the hand, by the anointing of the forehead with holy chrism, and by the words prescribed in the pontifical books approved by the Church.

Canon 781            The chrism to be used in the Sacrament of Confirmation must be blessed by a bishop, even though a priest, by law or special indult, confers this Sacrament. The anointing shall not be done with any instrument, but by the hand of the minister properly imposed on the head of the person to be confirmed (Sentence omitted in 1983 Code).

The Minister Of Confirmation

1917 Canon 782  §1           The ordinary minister of Confirmation is the bishop only.

                §2           The extraordinary minister is a priest who, either by the common law or by special indult of the Apostolic See, has received the faculty to confirm.

                                §3           The following have this faculty by law: Cardinals, in Canon 239, § 1, n. 23, abbots and prelates nullius, vicars and prefects Apostolic. With the exception of the Cardinals, these clergy cannot validly make use of the faculty except within the limits of their respective territory, and during their term of office only. (omitted 1983)

                                §4           Unless the indult explicitly provides otherwise, a priest of the Latin Rite, who has this power by virtue of an indult, can confer Confirmation validly on Catholics of his Rite only. (omitted 1983)

                §5           It is not lawful for priests of the Oriental Rite who have the faculty or privilege to give Confirmation together with Baptism to the infants of their own Rite, to confirm infants of the Latin Rite. (omitted 1983)

Canon 783            §1           Within his diocese the bishop can lawfully confirm even strangers, unless an explicit prohibition of their own bishop forbids it. (omitted 1983)

                §2           In the diocese of another bishop, a bishop must have at least the reasonably presumed permission of the local Ordi­nary, except when he confirms his own subjects privately and without crozier and mitre. (omitted 1983)

1917 Canon 784  A priest who has a local Apostolic privilege to confirm may also confirm strangers in the territory of his jurisdiction, unless the Ordinaries of the strangers have explicitly forbid­den it. (omitted 1983)

1917 Canon 785  §1           The bishop is bound to administer Confirmation to his subjects who legitimately and reasonably ask for it, especially at the time of his diocesan visitation. (omitted from 1983 Canon 885)

                                §2           A priest who by Apostolic privilege has the power to confirm is bound by the same obligation with respect to those people in whose favor this faculty was given to him.

                                §3           An Ordinary who is prevented by a legitimate reason from giving Confirmation, or an Ordinary who has no faculty to confirm, must see that, at least every five years if possible, this Sacrament is administered among his subjects. (omitted 1983) 
                                §4           If he is gravely negligent in administering Confirmation to his subjects, either in person or through another, Canon 274, n. 4, is to be observed.

1983 Code

1983 Canon 879                  The sacrament of confirmation impresses a character and by it the baptized, continuing on the path of Christian initiation, are enriched by the gift of the Holy Spirit and bound more perfectly to the Church; it strengthens them and obliges them more firmly to be witnesses to Christ by word and deed and to spread and defend the faith. (This completely new legislation of doctrine imposes the weight of law on new concepts and “obligations.”)

Celebration

1983 Canon 880  §1. The sacrament of confirmation is conferred through anointing with chrism on the forehead, which is done by the imposition of the hand, and through the (changed) words prescribed in the approved liturgical (formerly pontifical) books.

                                §2. The chrism to be used in the sacrament of confirmation must be consecrated by a bishop, even if the sacrament is administered by a presbyter. (elder?)

1983 Canon 881  It is desirable that the sacrament of confirmation be celebrated in a church and during Mass (new mass, new sacrament, new requisite!), but for a just and reasonable cause it may be celebrated outside Mass and in any worthy place.

Minister

1983 Canon 882  The ordinary minister of confirmation is the bishop; a presbyter who has this faculty by virtue of either the common law or a special concession of competent authority also confers this sacrament validly.

1983 Canon 883  The following have the faculty of administering confirmation by the law itself:

                1˚ within the limits of their territory, those who are equivalent in law to the diocesan bishop;          
                2˚ with regard to the person in question, the presbyter who by reason of office or mandate of the diocesan bishop baptizes one who is no longer an infant or one already baptized whom he admits into the full communion of the Catholic Church (legislated doctrine?);   
                3˚ with regard to those in danger of death, the pastor or indeed any presbyter.

1983 Canon 884  §1. The diocesan bishop is to administer confirmation personally or see that it is administered by another bishop, but if necessity requires he m8ay give the faculty to administer this sacrament to one or more specified presbyters.

                                §2. For a grave cause, a bishop and likewise a presbyter who has the faculty to confirm by virtue of law or special concession of competent authority may in individual cases associate presbyters with themselves so that they may administer the sacrament.

1983 Canon 885  §1. The diocesan bishop is obliged to see that the sacrament of confirmation is conferred on his subjects who properly and reasonably request it.

                                §2. A presbyter who has this faculty must use it for those in whose favor the faculty was granted.

1983 Canon 886  §1. In his own diocese the bishop legitimately administers the sacrament of confirmation even to the faithful who are not his subjects, unless there is an express prohibition by their own ordinary.

                                §2. To administer confirmation licitly in another diocese a bishop needs at least the reasonably presumed permission of the diocesan bishop, unless it is a question of his own subjects.

1983 Canon 887  A presbyter who has the faculty to administer confirmation licitly confers this sacrament even on externs in the territory designated for him, unless there is a prohibition of their own proper ordinary; but such a presbyter may not validly confer the sacrament on anyone in another territory with due regard for the prescription of canon 883, n 3.

1983 Canon 888  The ministers may administer confirmation even in exempt places within the territory where they are able to confer the sacrament.

The Subject Of Confirmation

1917 Canon 786 Persons who have not been baptized cannot be validly confirmed. To receive Confirmation licitly and with fruit, the recipients must be in the state of grace, and, if they have the use of reason, they must be sufficiently instructed

1917 Canon 787 Though this Sacrament is not an absolutely necessary means of salvation (“corrected” by 1983 Canon 890), none may neglect to receive it when occasion offers. The pastors shall see that the faithful receive Confirmation at the proper time.

1917 Canon 788 Although, in the Latin Church, Confirmation is usually deferred until about the seventh year of age, it may neverthe­less be conferred before this age, if the infant is in danger of death, or if the minister in any other case thinks it expedient for good and weighty reasons.

1917 Canon 789 If there are several to be confirmed, all should be present at the first imposition of hands, and should not leave until the Con­firmation rite is completed. (This rule, obviously for protection of sacramental validity, omitted 1983)

Confirmandi

1983 Canon 889  §1. All baptized persons who have not been confirmed and only they are capable of receiving confirmation.

                §2. Outside the danger of death, to be licitly confirmed it is required, if the person has the use of reason, that one be suitably instructed, properly disposed (state of grace?) and able to renew one’s baptismal promises (new!).

1983 Canon 890  The faithful are obliged to receive this sacrament (new obligation!) at the appropriate time; their parents and shepherds of souls, especially pastors, are to see to it that the faithful are properly instructed to receive it and approach the sacrament at the appropriate time. This “corrects” Canon 787, 1917 Code.

1983 Canon 891  The sacrament of confirmation is to be conferred upon the faithful at about the age of discretion unless the conference of bishops determines another age (new task for new organization) or there is danger of death or in the judgment of the minister a grave cause urges otherwise.

 

 

Time And Place Of Confirmation

1917 Canon 790 Confirmation may be administered at any time, but it is most befitting to administer it during the week of Pentecost. (omitted 1983)

1917 Canon 791 The proper place for the administration of Con­firmation is a church; nevertheless, for a cause which the minister considers just and reasonable, he may confer this Sacra­ment in any becoming place.

1917 Canon 792          The bishop has the right to administer Confirmation also in exempt places within the confines of the territory of his diocese.

Sponsors

1917 Canon 793 In accordance with a most ancient custom of the Church, a sponsor should be procured at Confirmation also, if one can be had.

1917 Canon 794 The sponsor should stand for one or two only, although the minister may for a just reason allow him to stand for more. No candidate for Confirmation shall have more than one sponsor. (omitted 1983)

Requisites For Valid Sponsorship

1917 Canon 795 In order that one may validly be sponsor, the following conditions are required:

1) The sponsor must have received Confirmation, have at­tained the use of reason, and have the intention of performing the office of sponsorship;

2) The sponsor may not be a member of an heretical or schismatic sect (“corrected” by 1983 Canon 874, §2), nor be declared liable to any of the penalties spoken of in Canon 765, n. 2, by a declaratory or condemnatory sentence;

3) The sponsor may not be the father or mother of, or married to the candidate;

4) The sponsor must have been designated by the candi­date, or by his parents or guardians, or, in their default or refusal to appoint a sponsor, by the pastor;

5) The sponsor must physically touch the candidate in the very act of the Confirmation, this action being performed per­sonally or by proxy. (omitted 1983)

1917 Canon 796  In order that one may licitly be admitted to the spon­sorship, the following conditions must be observed:

1) The sponsor at Confirmation should not be the same person who acted as sponsor in Baptism (“corrected” by 1983 Canon 893), unless for a reasonable cause the minister of Confirmation thinks it proper to allow an exception to this rule, or unless Confirmation is legitimately given immediately after Baptism;  (continued right column)

2) The sponsor must be of the same sex as the candidate, (omitted 1983) unless in particular cases the minister for a reasonable cause thinks it proper to allow an exception;

3) The prohibitions of Canon 766, n. 664, in reference to persons who may not be lawfully admitted to sponsorship in Baptism shall apply also to sponsorship in Confirmation.

Spiritual Relationship Of Sponsor

1917 Canon 797  From valid Confirmation arises a spiritual relationship between the person confirmed and the sponsor, (omitted 1983) by which the sponsor is bound to take a permanent interest in the person confirmed and to care for his Christian education.

Sponsors

1983 Canon 892  As far as possible a sponsor for the one to be confirmed should be present; it is for the sponsor to see that the confirmed person acts as a true witness to Christ and faithfully fulfills the obligations connected with this sacrament.

1983 Canon 893  §1. To perform the role of sponsor, it is necessary that a person fulfill the conditions mentioned in canon 874.            
                                §2. It is desirable that the one who undertook the role of sponsor at baptism be sponsor for confirmation. This contradicts Canon 796, 1), 1917 Code.

 

The remaining canons on Confirmation of both codes concern  the official records.

 

 

1917 Code           Extreme Unction (Canon 940-944)

[In these laws the underlined portions are omitted from the 1983 code.]

Canon 940            §1           Extreme Unction can be given only to a Catholic who, after having attained the use of reason, incurs a danger of death through sickness or old age.

                §2           In the same illness this Sacrament cannot be repeated, unless the sick person rallied after the reception of the last anointing and his illness again becomes critical.

Canon 941            When one doubts whether the sick person has attained the use of reason, whether he is really in danger of death, or whether he is dead, Extreme Unction shall be given condition­ally.

Canon 942            This Sacrament is not to be administered to those who obstinately and impenitently persevere in open mortal sin; if this is doubtful, they may be anointed condition­ally.

Canon 943            Sick persons who, while they were still conscious, asked for the Sacrament at least implicitly, or who very likely would have asked for it, may be anointed absolutely though they have lost consciousness or the use of reason.

Canon 944            Though this Sacrament is not in itself a necessary means of salvation, nobody may neglect it. Great care and solicitude must be used to have the sick persons receive Extreme Unction while they are still fully conscious.

Canon 945            The olive oil to be used in Extreme Unction must be blessed for that purpose by a bishop, or by a priest who has received the faculty for this blessing from the Apostolic See.

Canon 946            The oil of the sick is to be kept by the pastor in a clean and properly ornamented place and in a receptacle of silver or white metal; he shall not keep it in his house except in the case provided for in Canon 735.

Canon 947            §1           The anointings are to be performed with the words and in the order and manner prescribed in the rituals. In case of necessity, a single anointing of one of the senses (preferably on the forehead) with the prescribed shorter form suffices, but the obligation remains to supply the individual anointings when the danger ceases.

                §2           The anointing of the loins is always to be omitted.

                §3           The anointing of the feet may be omitted for any reasonable cause.

                §4           Except in a case of grave necessity, the anoint­ings are to be made by the hand of the priest without the use of any instrument.

1983 Code                           Anointing (998-1007)

Here the formulators of the new code demonstrate literary turns of sentimentality. They demand a priest, who, if available, is probably invalidly ordained, to administer this invalid “last anointing.”

Where they change nothing else they change the sequence.

[In these “laws” the underlined portions vary from or augment the 1917 Code.]

Canon 998            The anointing of the sick by which the Church commends to the suffering and glorified Lord the faithful who are dangerously sick so that He relieve and save them, is conferred by anointing them with oil and using the words prescribed in the liturgical books.

Canon 999            Besides a bishop those who can bless the oil to be used in the anointing of the sick:

                1˚ who are equivalent in law to a diocesan bishop;

                2˚ in case of necessity, any priest but only in the celebration of the sacrament.

Canon 1000          §1. The anointings are to be carefully performed while observing the words, the order and the manner prescribed in the liturgical books; but in case of necessity it is sufficient that one anointing be made on the forehead, or even on another part of the body, while saying the entire formula.

                                §2. The minister is to perform the anointing with his own hand unless a serious reason persuades him to use an instrument.

Canon 1001          Pastors of souls and persons who are close to the sick are to see to it that they are supported by this sacrament at an appropriate time.

Canon 1002          The communal celebration of the anointing of the sick for many of the sick at the same time who are duly prepared and rightly disposed can be performed according to the prescription of the diocesan bishop.

Canon 1003          §1. Every priest, and only a priest, validly administers the anointing of the sick.

                                §2. All priests to whom the care of souls have been committed have the duty and the right to administer the anointing of the sick  to all the faithful committed to their pastoral office; for a reasonable cause any other priest can administer this sacrament with at least the presumed consent of the aforementioned priest.

                                §3. Every priest is allowed to carry blessed oil with him so that he can administer the anointing of the sick in case of necessity.

Canon 1004          §1. The anointing of the sick can be administered to a member of the faithful who, after having reached the use of reason, begins to be in danger due to sickness or old age.

                                §2. This sacrament can be repeated whenever the sick person falls into a serious sickness after convalescence or whenever a more serious crisis develops during the same sickness.

Canon 1005          This sacrament is to be administered when there is a doubt whether the sick person has attained the use of reason, whether the person is dangerously ill, or whether the person is dead.

Canon 1006          This sacrament is to be conferred upon sick persons who requested it at least implicitly when they were in control of their faculties.

Canon 1007          The anointing of the sick is not to be conferred upon those who obstinately persist in manifest serious sin.

This innovation is a sacrament because innovative “law” so designates it.

 

Indulgences were a major bone of contention during the Protestant Revolt. To drop them would draw suspicion.

1917 Code                                                           (26 canons)

Chapter V. Of Indulgences (Canon 911-936)

Canon 911            All the faithful should hold in high esteem indulgences or the remission of the temporal penalty due before God for sins which have already been blotted out as to their guilt. These indulgences are granted by ecclesiastical authority from the treasury of the Church to living members by way of absolution, and to the deceased by way of suffrage.

1983 code                                                             (6 “canons”)

Chapter IV: INDULGENCES (Canon 992-997)

Canon 992            An indulgence is the remission in the sight of God of the temporal punishment due for sins, the guilt of which has already been forgiven. A member of Christ’s faithful who is properly disposed and who fulfils certain specific conditions, may gain an indulgence by the help of the Church which, as the minister of redemption, authoritatively dispenses and applies the treasury of the merits of Christ and the Saints.

1917 Code

Canon 912            Besides the Roman Pontiff, to whom Christ Our Lord has committed the disbursement of the whole spiritual treasury of the Church, those persons only to whom the power is expressly given by law can grant indulgences by ordinary power.

1983 code

Canon 995            §1 Apart from the supreme authority in the Church, only those can grant indulgences to whom this power is either acknowledged in the law, or given by the Roman Pontiff.

1917 Code

Canon 913            Persons inferior to the Roman Pontiff cannot: (1) give to others the faculty of granting indulgences, unless this power has been expressly granted to them by the Apostolic See; (2) grant indulgences applicable to the souls in purgatory; (3) attach further indulgences to an object, or pious work, or society, to which the Holy See or another authority has already attached indulgences, unless new conditions for gaining the ad­ditional indulgences are prescribed.

1983 code

Canon 995            §2 No authority below the Roman Pontiff can give to others the faculty of granting indulgences, unless this authority has been expressly given to the person by the Apostolic See.

1917 Code

Canon 914            The Papal Blessing with a plenary indulgence may be given according to the prescribed formula by bishops in their respective dioceses twice a year—once on Easter Sunday and again on another solemn feast to be designated by the bishop; the blessing may be given, even though the bishop does not say the Mass himself, but only assists at it. Abbots and prelates nullius, vicars and prefects Apostolic, though they are not con­secrated bishops, may give the Papal Blessing on one of the solemn feasts of the year only.

Canon 915            Regulars who have the privilege of giving the Papal Bless­ing are obliged not only to give it with the prescribed formula, but are restricted also in the use of the privilege to their own churches and those of the nuns and tertiaries legitimately aggre­gated to their Order. They may not give the Papal Blessing on the same day and in the same place where the bishop gives it.

Canon 916            Bishops, abbots or prelates nullius, vicars and prefects apostolic and major superiors of exempt clerical communities of religious have the power to designate and declare one altar as daily and perpetually privileged in the cathedral, or in the church of an abbey, or in collegiate, conventual, parochial and quasi-parochial churches (provided there is no other privileged altar in the church). They cannot declare an altar privileged in public or semi-public oratories, unless they are united to or subsidiaries of parochial churches.

Canon 917            §1 On All Souls' Day all Masses have the same privilege as though they were said at a privileged altar.      
                                §2 All the altars of a church are privileged during the days on which the Forty Hours’ Devotion is conducted.

Canon 918            §1 To indicate that an altar is privileged, no other inscription shall be put on the altar than “privileged altar,” with the addition “perpetual,” “temporary,” “daily,” or otherwise, according to the wording of the concession.       
                                §2 A larger stipend may not be demanded on account of the privilege for Masses which are said at a privi­leged altar.

Canon 919            §1 New indulgences which have not been promulgated at Rome, including those granted to churches of regulars, shall not be published without first consulting the local Ordinary.           
                                §2 In pub­lishing books, pamphlets, etc., in which concessions of indul­gences for various prayers or good works are enumerated, the law of Canon 1388 is to be observed.

Canon 920            Persons who have obtained from the Supreme Pontiff the concession of an indulgence for the benefit of all the faithful are obliged, under pain of nullity of the favor received, to sub­mit to the Sacred Penitentiary a copy of that concession.

Canon 921            §1 A plenary indulgence granted for feasts of Our Lord, or for feasts of the Blessed Virgin Mary, is understood to have been granted for feasts only which are contained in the universal calendar of the Church.       
                                §2 A plenary or a partial indulgence granted for the feasts of the Holy Apostles is to be understood as granted for the day of their death only.

                                §3 A plenary indulgence granted either daily and perpetually, or for a limited time, to those who visit some church or public oratory, is to be under­stood in such a manner that it can be gained any day but once a year only by each individual, unless the contrary is explicitly stated in the document of concession.

Canon 922            §1 Indulgences attached to feasts, pious exercises, novenas, or seven or three days’ devotions, held before or after a feast or during its octave, are to be considered transferred to the day to which the feasts are legitimately changed, if it is a perpetual transfer of a feast which has Office and Mass but no external solemnity and celebration, or if it is either a temporary or per­petual transfer of the solemnity and external celebration of a feast.

Canon 923            To gain an indulgence attached to a certain day under condition of visiting a church or oratory, it suffices to make the visit from noon of the preceding day to midnight of the day itself.

Canon 924            §1 According to Canon 75, the indulgences attached to a church do not cease if the church is entirely destroyed but is rebuilt within fifty years on the same or nearly the same spot and under the same title.               
                                §2 Indulgences attached to prayer beads and other objects cease only when the beads or objects are en­tirely destroyed or are sold.

Article  II. Of The Gaining Of Indulgences (925-936)

Canon 925            §1 In order that a person may be capable of gaining an indulgence for himself, it is necessary that he be baptized, free from excommunication, in the state of grace at least at the end of the good works prescribed, and that he be a subject of the authority granting the indulgence.             
                                §2 To actually acquire indul­gences which he is capable of gaining, the person must have at least the general intention to gain them, and he must perform the required good works at the appointed time and in the proper manner as prescribed by the wording of the concession.

1983 code

Canon 996            §1 To be capable of gaining indulgences a person must be baptized, not excommunicated, and in the state of grace at least on completion of the prescribed work.

                                §2 To gain them, however, the person who is capable must have at least the intention of gaining them, and must fulfill the prescribed works at the time and in the manner determined by the terms of the grant.

1917 Code

Canon 926            A plenary indulgence is understood to be granted in such a manner that, if one cannot fully gain it, he may never­theless gain it partially according to his actual dispositions.

Canon 927            Indulgences granted by a bishop may be gained not only by his subjects, though they are actually outside his diocese, but also by strangers and vagi and all exempt persons who are actually staying in the diocese, unless the wording of the con­cession of the indulgence states otherwise.

Canon 928            §1 Even though the prescribed good works are performed repeatedly, a plenary indulgence can be gained once a day only, unless the concession explicitly states otherwise. 
                                §2 Partial indul­gences may be gained repeatedly during the same day by the repetition of the same good work, unless the contrary is explicitly stated.

Canon 929            The faithful of either sex who for the purpose of Chris­tian perfection, or studies and education, or health, live in com­mon in houses which have been established with the consent of the Ordinaries, but which have no church or public chapel attached to the institute, may gain all indulgences for which the visit to a church or public chapel in general is required by visiting the chapel of their house in which they can by law satisfy the obligation of hearing Mass, provided they properly perform all the other good works enjoined. All persons who live in these houses for the purpose of serving the inmates share in this concession.

Canon 930            Nobody who gains indulgences can apply them to other living persons. All indulgences granted by the Roman Pontiff may be applied to the poor souls in purgatory, unless the con­trary is evident from the concession.

1983 code

Canon 994            All members of the faithful can gain indulgences, partial or plenary, for themselves, or they can apply them by way of suffrage to the dead.

1917 Code

Canon 931            §1 If Confession is required for the gaining of any indul­gence, that Confession can be made within eight days immedi­ately preceding the day to which the indulgence is attached. Holy Communion may be received on the day previous to the day of the indulgence; both Confession and Holy Communion may also be made on any day within the octave.    
                                §2 In like manner, Con­fession and Holy Communion required for the gaining of indul­gences attached to pious exercises conducted for three, seven, or more days, may be made also within eight days after the close of the exercises.

                                §3 The faithful who, unless legitimately hindered, are in the habit of going to Confession at least twice a month, or who receive Holy Communion daily in the state of grace and with a good and devout intention (though they may abstain from receiving once or twice during the week), can gain all indul­gences without actually going to Confession, when Confession would otherwise be a necessary condition for the gaining of the indulgences. Indulgences granted for an ordinary or extraordinary Jubilee, or after the manner of a Jubilee indulgence, are excepted from this concession, and the Confession is a necessary requisite for the gaining of such indulgences.

Canon 932            An indulgence cannot be gained by a good work which one is already bound to perform by reason of some law or pre­cept, unless the document of concession explicitly states the con­trary. However, the person who performs a good work enjoined on him as a penance in Sacramental Confession may, if such work is perchance enriched with indulgences, perform the pen­ance and also gain the indulgences.

Canon 933            To one and the same object or place various indulgences may be attached under different titles. But by one and the same good work which is enriched with indulgences from various sources, the several indulgences cannot be gained, unless the good work required is Confession or Holy Communion, or unless the concession of the indulgences explicitly allows the cumula­tive gaining of the various indulgences by one and the same work.

Canon 934            §1 If prayer in general for the intentions of the Holy Father is prescribed for the gaining of an indulgence, mental prayer alone does not suffice. Unless a special prayer is assigned, it is left to the choice of the people what vocal prayers they wish to say.

                                §2 If a special prayer is assigned, the indulgences can be gained by reciting the prayer in any language provided the exact trans­lation of the same is attested by the declaration of either the Sacred Penitentiary or one of the Ordinaries of a locality where the language into which the prayer is translated is in common use. The indulgences, however, cease absolutely in case of any addition, omission or interpolation.

                                §3 For the gaining of the indulgences it suffices to say the prayers alternately with a companion, or to follow the prayers mentally while they are recited by some one else.

Canon 935            The good works prescribed for the gaining of indul­gences may be changed by confessors to others for the benefit of people who for reason of a legitimate impediment cannot perform the prescribed works.

Canon 936            Mutes can gain the indulgences attached to public prayers if, praying in the same place together with the other people, they raise their hearts and minds to God. In the case of private prayers, it suffices that they say them mentally, or by the sign language, or merely read the prayers by sight.

1983 code

Canon 993            An indulgence is partial or plenary according as it partially or wholly frees a person from the temporal punishment due for sins.

Canon 997            As far as the granting and the use of indulgences is concerned, the other provisions contained in the special laws of the Church must also be observed.

If asked, the novus ordo “Church” can plead that it has jettisoned most of its laws on indulgences. This will presumably quiet the non-Catholics striving for ecumenism.

∫1917 Code

Interpretation Of Penal Laws (Canon 2218-2219)

Canon 2218          1              In the application of penalties the punishment should be in just proportion to the offense, due regard being had to the degree of liability and to the scandal or damage caused. Wherefore, attention must be paid not only to the subject mat­ter and gravity of a law, but also to the age, knowledge, educa­tion, sex, state of life, and mental condition of the delinquent, to the dignity of the person against whom the offense was com­mitted or who committed it, the purpose intended, the place and time of the offense, whether it was committed in the heat of pas­sion or by reason of grave fear, whether the delinquent repented of his misdeed and tried to prevent its evil effects, and other similar circumstances.

                                2              Not only the circumstances which excuse from all liability but also those which excuse from grave guilt, excuse also from any penalty whether latae or ferendae sententiae even in the exter­nal forum, provided the excuse is proved in the external forum.

                                3              Mutual injuries extinguish each other, unless one party de­serves condemnation on account of the greater gravity of the injury done by him. In the latter case the fact that the injury was mutual may on occasion mitigate the penalty.

Canon 2219          In penalties the milder interpretation is to be applied. Even when one doubts whether a penalty inflicted by a compe­tent superior is just, the punishment must nevertheless be ac­cepted in both the external and internal forum, except in a case of appeal in suspensivo (i.e., an appeal which suspends the sen­tence). A penalty is not to be extended from person to person, nor from one case to another, though there is the same or even a greater reason for holding a person guilty; if, however, several persons participated in the commission of a single offense, the precept of Canon 2231 must be observed.

1983 Code

TITLE V: THE APPLICATION OF PENALTIES

Canon 1341 The Ordinary is to start a judicial or an administrative procedure for the imposition or the declaration of penalties only when he perceives that neither by fraternal correction or reproof, nor by any methods of pastoral care, can the scandal be sufficiently repaired, justice restored and the offender reformed.

Canon 1342 §1 Whenever there are just reasons against the use of a judicial procedure, a penalty can be imposed or declared by means of an extra-judicial decree; in every case, penal remedies and penances may be applied by a decree.

     §2 Perpetual penalties cannot be imposed or declared by means of a decree; nor can penalties which the law or precept establishing them forbids to be applied by decree.

§3 What the law or decree says of a judge in regard to the imposition or declaration of a penalty in a trial, is to be applied also to a Superior who imposes or declares a penalty by an extra-judicial decree, unless it is otherwise clear, or unless there is question of provisions which concern only procedural matters.

Canon 1343 If a law or precept gives the judge the power to apply or not to apply a penalty, the judge may also, according to his own conscience and prudence, modify the penalty or in its place impose a penance.

Canon 1344 Even though the law may use obligatory words, the judge may, according to his own conscience and prudence:

1° defer the imposition of the penalty to a more opportune time, if it is foreseen that greater evils may arise from a too hasty punishment of the offender;

2° abstain from imposing the penalty or substitute a milder penalty or a penance, if the offender has repented and repaired the scandal, or if the offender has been or foreseeably will be sufficiently punished by the civil authority;

3° may suspend the obligation of observing an expiatory penalty, if the person is a first-offender after a hitherto blameless life, and there is no urgent need to repair scandal; this is, however, to be done in such a way that if the person again commits an offence within a time laid down by the judge, then that person must pay the penalty for both offences, unless in the meanwhile the time for prescription of a penal action in respect of the former offence has expired.

Canon 1345 Whenever the offender had only an imperfect use of reason, or committed the offence out of fear or necessity or in the heat of passion or with a mind disturbed by drunkenness or a similar cause, the judge can refrain from inflicting any punishment if he considers that the person’s reform may be better accomplished in some other way.

Canon 1346 Whenever the offender has committed a number of offences and the sum of penalties which should be imposed seems excessive, it is left to the prudent decision of the judge to moderate the penalties in an equitable fashion.

Canon 1347 §1 A censure cannot validly be imposed unless the offender has beforehand received at least one warning to purge the contempt, and has been allowed suitable time to do so.

§2 The offender is said to have purged the contempt if he or she has truly repented of the offence and has made, or at least seriously promised to make, reparation for the damage and scandal.

Canon 1348 When the person has been found not guilty of an accusation, or where no penalty has been imposed, the Ordinary may provide for the person’s welfare or for the common good by opportune warnings or other solicitous means, and even, if the case calls for it, by the use of penal remedies.

Canon 1349 If a penalty is indeterminate, and if the law does not provide otherwise, the judge is not to impose graver penalties, especially censures, unless the seriousness of the case really demands it. He may not impose penalties which are perpetual.

Canon 1350 §1 In imposing penalties on a cleric, except in the case of dismissal from the clerical state, care must always be taken that he does not lack what is necessary for his worthy support.

§2 If a person is truly in need because he has been dismissed from the clerical state, the Ordinary is to provide in the best way possible.

Canon 1351 A penalty binds an offender everywhere, even when the one who established or imposed it has ceased from office, unless it is otherwise expressly provided.

Canon 1352 §1 If a penalty prohibits the reception of the sacraments or sacramentals, the prohibition is suspended for as long as the offender is in danger of death.

§2 The obligation of observing a latae sententiae penalty which has not been declared, and is not notorious in the place where the offender actually is, is suspended either in whole or in part to the extent that the offender cannot observe it without the danger of grave scandal or loss of good name.

Canon 1353 An appeal or a recourse against judgments of a court or against decrees which impose or declare any penalty, has a suspensive effect.

Thirteen laws, that read like a handbook for judges, replace two. They also provide excuse for failure to punish perverts whose cloth protects them.

 

I intended to continue comparison of the 1917 Code of Canon Law with its illegitimate 1983 substitute. The laws on marriage were next. But there are too many; we would drift quickly into the land of dreams, where who knows how many legislators we might encounter.

I cite the first half  of  one canon of  the 131 in the Code:

Canon 1013          §1. The primary end of marriage is the procreation and education of children; the secondary end, mutual support and the relief of concupiscence.

No trace remains of this basic, highly pertinent and relevant half-canon in the entire 110 “laws” of the 1983 document, though we know the codifiers were aware of it because they included in their substitute the second half of the original law. They bowed to a major innovation of the Second Vatican Council:

Vatican II (Church in the Modern World, 50): Marriage and conjugal love are by their nature ordained toward the begetting and educating of children .... Hence, while not making the other purposes of matrimony of less account, the true practice of conjugal love, etc. (Footnote: The Commission charged with drafting this text made every effort to avoid any appearance of wishing to settle questions concerning a hierarchy of the “ends” of marriage.)

So they pretended that no such hierarchy had been established—or reinforced by Canon Law (Canon 1013).

Decree of the Holy Office, April 1, 1944, approved by Pope Pius XII, March 30, 1944: Can we entertain the opinion of some modern authorities who deny that the primary end of marriage is procreation and education, or teach that the secondary ends are not necessarily subordinate to the primary one but are equally important and independent? The members of the Sacred Congregation of the Holy Office have decided to reply in the negative.

St. Thomas Aquinas (Summa Theologiae, Supp III, q. 41, 1): .... for its principal end, which is the good of the offspring .... for the secondary end of marriage, which is devoted mutual compliance by the spouses in domestic matters.

This one omission clearly demonstrates the 1983 code’s bias. For good measure I cite obvious 1983 innovations [Every canon law quoted from this point on is in only the 1983 Code.]:

Canon 1062          §1. A promise of marriage, be it unilateral or bilateral, called an engagement, is regulated by particular law which has been established by the conference of bishops after it has taken into consideration any existing customs and civil laws.

Canon 1067          The conference of bishops is to offer norms concerning the examination of the parties, and the marriage banns and other appropriate means for carrying out the necessary inquiries which are to precede marriage. The pastor can proceed to assist at a marriage after such norms have been diligently observed.

Canon 1083          §1. A man before he has completed his sixteenth year of age, and likewise a woman before she has completed her fourteenth year of age, cannot enter a valid marriage.

§2. It is within the power of the conference of bishops to establish an older age for the licit celebration of marriage.

Canon 1112          §1. With the prior favorable opinion of the conference of bishops and after permission of the Holy See has been obtained, the diocesan bishop can delegate lay persons to assist at marriages where priests or deacons are lacking.

§2. A suitable lay person is to be chosen who is capable of giving instruction to those to be wed and qualified to perform the marriage liturgy correctly.

Canon 1120          The conference of bishops can draw up its own marriage ritual, to be reviewed by the Holy See; such a ritual, in harmony with the usages of the area and its people adapted to the Christian spirit, must provide that the person assisting at the marriage be present, ask for the manifestation of the contractants’ consent and receive it.

Canon 1121          §1. After a marriage has been celebrated, the pastor of the place of celebration or the person who takes his place, even if neither has assisted at the marriage, should as soon as possible note the following in the marriage register: the names of the spouses, the person who assisted and the witnesses, the place and date of the marriage celebration; these notations are to be made in accord with the method prescribed by the conference of bishops or the diocesan bishop.

Canon 1126          The conference of bishops is to establish the way in which these declarations and 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 1127          §1. The prescriptions of canon 1108 are to be observed concerning the form to be employed in a mixed marriage; if a Catholic party contracts marriage with a non-Catholic of an oriental rite, the canonical form of celebration is to be observed only for liceity; for validity, however, the presence of a sacred minister is required along with the observance of the other requirements of law.  
§2. If serious difficulties pose an obstacle to the observance of the canonical form, the local ordinary of the Catholic party has the right to dispense from the form in individual cases, but after consulting the ordinary of the place where the marriage is to be celebrated and with due regard, for validity, for some public form of celebration; the conference of bishops is to issue norms by which such a dispensation may be granted in an orderly manner.

Symbiosis in action! Two rank innovations support each other. Obviously both need all support available.

The relation of the married(?) to the bishops’ conference has not been determined, nor has the relevance of the bishops’ conference itself. It is based on Vatican II, which hoped to find some use for it, aside from the obvious intent to share responsibility for the disaster. We might blame the pope!

What is an Episcopal Conference? Whom does it represent? What is its authority or purpose? No definition. Paul VI himself said that eventually in practice it would become clear how to define it and demarcate its powers. Ignorant of their objective, our bishops went straight into conferences. The greater the importance and power these Conferences assume, the more the individual bishops are eliminated. The episcopacy, the real structure of the Church of Our Lord, disappears into committee.

Let us quote Wojtyla’s Introduction to the 1983 Code:    
“If one asks why John XXIII had clearly perceived the need to reform the current Code, perhaps the answer is found in the 1917 Code itself. [A pregnant—but unextended—statement!] There is however another reason, the principal one, namely that the reform of the Code of Canon Law was seen to be directly sought and requested by the Council itself [not yet convoked], which had particularly concentrated its attention upon the Church.

“As is quite clear, when the first announcement of the revision of the Code was made, the Council was something totally in the future. Moreover, the acts of its teaching authority, and particularly its teaching on the Church, were to be developed over the years 1962-65. Nevertheless, one cannot fail to see that John XXIII’s insight was most accurate, and his proposal must rightly be acknowledged as one which looked well ahead to the good of the Church.” …. [Additional proof of his invalidating intent to impose essential change on the eternal Church.]

“If we now turn our attention to the nature of the labours which preceded the promulgation of the Code and to the manner in which they were performed, especially during the Pontificates of Paul VI, John Paul I and then up to this present day it is vital to make quite clear that these labours were brought to their conclusion in an eminently collegial spirit. This not only relates to the external composition of the work, but it affects also the very substance of the laws which have been drawn up.

“This mark of collegiality by which the process of this Code’s origin was prominently characterized, is entirely in harmony with the teaching authority and the nature of the Second Vatican Council. The Code therefore, not only because of its content but because of its origin, demonstrates the spirit of this Council in whose documents the Church, the universal sacrament of salvation (cf Const. Lumen Gentium, n. 9, 48), is presented as the People of God, and its hierarchical Constitution is shown as founded on the College of Bishops [a blatant innovaton!] together with its Head.

“For this reason therefore, the Bishops and Episcopal Conferences were invited to associate themselves with the work of preparing the new Code, so that through a task of such length, in as collegial a manner as possible, little by little the juridical formulae would come to maturity and would then serve the whole Church. ….

“In promulgating this Code today, therefore, we are fully conscious that this act stems from our pontifical authority itself, and so assumes a primatial nature. Yet we are no less aware that in its content this Code reflects the collegial solicitude of all our brothers in the episcopate.” [Big Shirk!]

Vatican II’s Decree on the Bishops’ Pastoral Office in the Church, 38, 4):

“Decisions of the episcopal conference, provided they have been made lawfully and by choice of at least two-thirds of the prelates who have a deliberative vote in the conference, and have been reviewed by the Apostolic See, are to have juridically binding force in those cases and in those only which are prescribed by common law or determined by special mandate of the Apostolic See, given spontaneously or in response to a petition from the conference itself.”

Among the eighty-eight canons of the 1983 Code in which Bishops’ Conferences receive mention, several reiterate and reëmphasize the fact that these conferences must submit all majority decisions to Roman (papal) approval.

Canon 237 §2 An inter-diocesan seminary may not be established unless the prior approval of the Apostolic See has been obtained, both for the establishment of the seminary and for its statutes. Approval is also required from the Episcopal Conference if the seminary is for the whole of its territory; otherwise, from the Bishops concerned.

Canon 242 §1 In each country there is to be a Charter of Priestly Formation. It is to be drawn up by the Episcopal Conference, taking account of the norms issued by the supreme ecclesiastical authority, and it is to be approved by the Holy See; moreover, it is to be adapted to new circumstances, likewise with the approval of the Holy See. ….

Canon 439 §1 A plenary council for all the particular Churches of the same Episcopal Conference is to be celebrated as often as the Episcopal Conference, with the approval of the Apostolic See, considers it necessary or advantageous.

Canon 441 It is the responsibility of the Episcopal Conference:        
1° to convene a plenary council;

2° to choose a place within the territory of the Episcopal Conference for the celebration of the council;

3° to elect from among the diocesan Bishops a president of the plenary council, who is to be approved by the Apostolic See;

4° to determine the order of business and the matters to be considered, to announce when the plenary council is to begin and how long it is to last, and to transfer, prorogue and dissolve it.

Canon 448 §1 As a general rule, the Episcopal Conference includes those who preside over all the particular Churches of the same country, in accordance with Canon 450.

§2 An Episcopal Conference can, however, be established for a territory of greater or less extent if the Apostolic See, after consultation with the diocesan Bishops concerned, judges that circumstances suggest this. Such a Conference would include only the Bishops of some particular Churches in a certain territory, or those who preside over particular Churches in different countries. It is for the Apostolic See to lay down special norms for each case.

Canon 449 §1 It is for the supreme authority of the Church alone, after consultation with the Bishops concerned, to establish, suppress, or alter Episcopal Conferences.

Canon 451 Each Episcopal Conference is to draw up its own statutes, to be reviewed by the Apostolic See. In these, among other things, arrangements for the plenary meetings of the Conference are to be set out, and provision is to be made for a permanent committee of Bishops, and a general secretary of the Conference, and for other offices and commissions by which, in the judgment of the Conference, its purpose [?] can more effectively be achieved.

Canon 455 §1 The Episcopal Conference can make general decrees only in cases where the universal law has so prescribed, or by special mandate of the Apostolic See, either on its own initiative or at the request of the Conference itself.

§2 For the decrees mentioned in §1 validly to be enacted at a plenary meeting, they must receive two thirds of the votes of those who belong to the Conference with a deliberative vote. These decrees do not oblige until they have been reviewed by the Apostolic See and lawfully promulgated.

Canon 456 When a plenary meeting of the Episcopal Conference has been concluded, its minutes are to be sent by the president to the Apostolic See for information, and its decrees, if any, for review.

Canon 459 §1 Relations are to be fostered between Episcopal Conferences, especially neighboring ones, in order to promote and defend whatever is for the greater good.          
                        §2 The Apostolic See must be consulted whenever actions or affairs undertaken by Conferences have an international character.

Canon 753            Although they do not enjoy infallible teaching authority, the bishops in communion with the head and members of the college, whether as individuals or gathered in conferences of bishops or in particular councils, are authentic teachers and instructors of the faith for the faithful entrusted to their care; the faithful must adhere to the authentic teaching of their own bishops with a sense of religious respect.

Canon 755        §1. It is within the special competence of the entire college of bishops and of the Apostolic See to promote and direct the participation of Catholics in the ecumenical movement, whose purpose is the restoration of unity among all Christians, which the Church is bound by the will of Christ to promote.

Canon 756 §1 The office of preaching the Gospel to the whole Church has been committed principally to the Roman Pontiff and [by whom?] to the [new] College of Bishops.

Canon 825 §1 Books of the sacred Scriptures may not be published unless they are approved by the Apostolic See or the Episcopal Conference. The publication of translations of the sacred Scriptures requires the approval of the same authority, and they must have necessary and sufficient explanatory notes.

§2 With the permission of the Episcopal Conference, Catholic members of Christ’s faithful, in cooperation with separated brethren, may prepare and publish versions of the Scriptures, with appropriate explanatory notes.

Canon 838            §1. The supervision of the sacred liturgy depends solely on the authority of the Church which resides in the Apostolic See and, in accord with the law, the diocesan bishop. [Clearly, new worship and sacraments came not from the bishops’ conferences!]

                §2. It is for the Apostolic See to order the sacred liturgy of the universal Church, to publish the liturgical books, to review their translations into the vernacular languages and to see that liturgical ordinances are faithfully observed everywhere.

§3. It pertains to the conferences of bishops [returned!] to prepare translations of the liturgical books into the vernacular languages, with the appropriate adaptations within the limits defined in the liturgical books themselves, and to publish them with the prior review by the Holy See.

Canon 844 §1 Catholic ministers may lawfully administer the sacraments only to Catholic members of Christ’s faithful, who equally may lawfully receive them only from Catholic ministers, except as provided in §§2, 3 and 4 of this Canon and in Canon 861 §2.

§2 Whenever necessity requires or a genuine spiritual advantage commends it, and provided the danger of error or indifferentism is avoided, Christ’s faithful for whom it is physically or morally impossible to approach a Catholic minister, may lawfully receive the sacraments of penance, the Eucharist and anointing of the sick from non-Catholic ministers in whose Churches these sacraments are valid.

§3 Catholic ministers may lawfully administer the sacraments of penance, the Eucharist and anointing of the sick to members of the eastern Churches not in full communion with the Catholic Church, if they spontaneously ask for them and are properly disposed. The same applies to members of other Churches which the Apostolic See judges to be in the same position as the aforesaid eastern Churches so far as the sacraments are concerned.

§4    If there is a danger of death or if, in the judgment of the diocesan Bishop or of the Episcopal Conference, there is some other grave and pressing need, Catholic ministers may lawfully administer these same sacraments to other Christians not in full communion with the Catholic Church, who cannot approach a minister of their own community and who spontaneously ask for them, provided that they demonstrate the Catholic faith in respect of these sacraments and are properly disposed.

§5   In respect of the cases dealt with in §§2, 3 and 4, the diocesan Bishop or the Episcopal Conference is not to issue general norms except after consultation with the competent authority, at least at the local level, of the non-Catholic Church or community concerned. [Canon 844 certainly yells for comment¾from the brothers Grimm! Its concocters appear to recognize the superiority of traditional sacraments to the empty forms of the postconciliar “Church.”]

Canon 1031          §1. The presbyterate is not to be conferred upon those who have not yet completed the age of twenty-five and who do not possess sufficient maturity; an interval of at least six months is to be observed between the diaconate and the presbyterate; men destined for the presbyterate are to be admitted to the order of diaconate only after they have completed the age of twenty-three.

                §2. A candidate for the permanent diaconate who is not married is not to be admitted to the diaconate unless he has completed at least twenty-five years of age; if the candidate is married, he is not to be admitted to the permanent diaconate unless he has completed at least thirty-five years of age and has the consent of his wife.

                §3. The conference of bishops may determine a norm by which an older age is required for the presbyterate and the permanent diaconate.

                §4. The Apostolic See reserves to itself the dispensation from the age required in §§1 & 2 when it is a question of more than one year.

Canon 1246 …. §2 However, the Episcopal Conference may, with the prior approval of the Apostolic See, suppress certain holydays of obligation or transfer them to a Sunday.

Canon 1272 In those regions where benefices properly so called still exist, it is for the Episcopal Conference to regulate such benefices by appropriate norms, agreed with and approved by the Apostolic See. The purpose of these norms is that the income and as far as possible the capital itself of the benefice should by degrees be transferred to the fund mentioned in Canon 1274 §1.

Canon 1439 §1 If a single tribunal of first instance has been constituted for several dioceses, in accordance with the norm of Canon 1423, the Episcopal Conference must, with the approval of the Holy See, constitute a tribunal of second instance, unless the dioceses are all suffragans of the same archdiocese.

§2 Even apart from the cases mentioned in §1, the Episcopal Conference can, with the approval of the Apostolic See, constitute one or more tribunals of second instance.

[Now we’re talkin’. We need more tribunals¾to try suits and petitions from the laity for recovery of church property before it must be sold to satisfy judgments against monsters like convicted Jesuit priest Donald McGuire. The new “Church” might even,  let us fondly imagine,  use them to try some of these monsters, since they are never turned over to civil authority.]

The remaining fifty-seven 1983 canons which empower the Bishops’ Conferences furnish useless tasks for useless men, and constitute an extra administrative level never needed in nineteen centuries. They are needed only to distract attention from, and absorb the blame for, the antics of the antipopes.

Novus Ordo Blurbs (NOBS)

573 §1 Life consecrated through profession of the evangelical counsels is a stable form of living, in which the faithful follow Christ more closely under the action of the Holy Spirit, and are totally dedicated to God, who is supremely loved. By a new and special title they are dedicated to seek the perfection of charity in the service of God’s Kingdom, for the honor of God, the building up of the Church and the salvation of the world. They are a splendid sign in the Church, as they foretell the heavenly glory.          
                §2 Christ’s faithful freely assume this manner of life in institutes of consecrated life which are canonically estab-lished by the competent ecclesiastical authority. By vows or by other sacred bonds, in accordance with the laws of their own institutes, they profess the evangelical counsels of chas-tity, poverty and obedience. Because of the charity to which these counsels lead, they are linked in a special way to the Church and its mystery.

574 §1 The state of persons who profess the evangelical counsels in these institutes belongs to the life and holiness of the Church. It is therefore to be fostered and promoted by everyone in the Church.           
                §2 Some of Christ’s faithful are specially called by God to this state, so that they may benefit from a special gift in the life of the Church and contribute to its saving mission according to the purpose and spirit of each institute.

575 The evangelical counsels, based on the teaching and example of Christ the Master, are a divine gift which the Church received from the Lord and which by His grace it preserves always.

577 In the Church there are many institutes of consecrated life, with gifts that differ according to the graces given them: they more closely follow Christ praying, or Christ proclaim-ing the Kingdom of God, or Christ doing good to people, or Christ in dialogue with the people of this world, but always Christ doing the will of the Father.

599 The evangelical counsel of chastity embraced for the sake of the Kingdom of heaven, is a sign of the world to come, and a source of greater fruitfulness in an undivided heart. It involves the obligation of perfect continence observed in celibacy.

600 The evangelical counsel of poverty in imitation of Christ who for our sake was made poor when he was rich, entails a life which is poor in reality and in spirit, sober and industrious, and a stranger to earthly riches. It also involves dependence and limitation in the use and the disposition of goods, in accordance with each institute’s own law.

601 The evangelical counsel of obedience, undertaken in the spirit of faith and love in the following of Christ, who was obedient even unto death, obliges submission of one’s will to lawful Superiors, who act in the place of God when they give commands that are in accordance with each institute’s own constitutions.

602 The fraternal life proper to each institute unites all the members into, as it were, a special family in Christ. It is to be so defined that for all it proves of mutual assistance to fulfill their vocation. The fraternal union of the members, rooted and based in charity, is to be an example of universal reconciliation in Christ.

603 §1 Besides institutes of consecrated life, the Church recognizes the life of hermits or anchorites, in which Christ’s faithful withdraw further from the world and devote their lives to the praise of God and the salvation of the world through the silence of solitude and through constant prayer and penance. 
                §2 Hermits are recognized by law as dedicated to God in consecrated life if, in the hands of the diocesan Bishop, they publicly profess, by a vow or some other sacred bond, the three evangelical counsels, and then lead their particular form of life under the guidance of the diocesan Bishop .

604 §1 The order of virgins is also to be added to these forms of consecrated life. Through their pledge to follow Christ more closely, virgins are consecrated to God, mystically espoused to Christ and dedicated to the service of the Church, when the diocesan Bishop consecrates them according to the approved liturgical rite.              
                §2 Virgins can be associated together to fulfill their pledge more faithfully, and to assist each other to serve the Church in a way that befits their state.

607 §1 Religious life, as a consecration of the whole person, manifests in the Church the marvelous marriage established by God as a sign of the world to come. Religious thus consummate a full gift of themselves as a sacrifice offered to God, so that their whole existence becomes a continuous worship of God in charity. …              
                §3 The public witness which religious are to give to Christ and the Church involves that separation from the world which is proper to the character and purpose of each institute.

618 The authority which Superiors receive from God through the ministry of the Church is to be exercised by them in a spirit of service. In fulfilling their office they are to be docile to the will of God, and are to govern those subject to them as children of God. By their reverence for the human person, they are to promote voluntary obedience. They are to listen willingly to their subjects and foster their cooperation for the good of the institute and the Church, without prejudice however to their authority to decide and to command what is to be done.

619 Superiors are to devote themselves to their office with diligence. Together with the members entrusted to them, they are to strive to build in Christ a fraternal community, in which God is sought and loved above all. They are therefore frequently to nourish their members with the food of God’s word and lead them to the celebration of the liturgy. They are to be an example to the members in cultivating virtue and in observing the laws and traditions proper to the institute. They are to give the members opportune assistance in their personal needs. They are to be solicitous in caring for and visiting the sick; they are to chide the restless, console the fainthearted and be patient with all.

673 The apostolate of all religious consists primarily in the witness of their consecrated life, which they are bound to foster through prayer and penance.

674 Institutes which are wholly directed to contemplation always have an outstanding part in the mystical Body of Christ. They offer to God an exceptional sacrifice of praise. They embellish the people of God with very rich fruits of holiness, move them by their example, and give them increase by a hidden apostolic fruitfulness.

675 Apostolic action is of the very nature of institutes dedicated to apostolic works. The whole life of the members is, therefore, to be imbued with an apostolic spirit, and the whole of their apostolic action is to be animated by a religious spirit. …    
                §2 Apostolic action is always to proceed from intimate union with God, and is to confirm and foster this union.

676 Lay institutes of men and women participate in the pastoral mission of the Church through the spiritual and corporal works of mercy, performing very many different services for people. They are therefore to remain faithful to the grace of their vocation.

677  §1 Superiors and members are faithfully to hold fast to the mission and works which are proper to their institute. According to the needs of time and place, however, they are prudently to adapt them, making use of new and appropriate means.            
                §2 Institutes which have associations of Christ’s faithful joined to them are to have a special care that these associations are imbued with the genuine spirit of their family.

724 Members are to be formed simultaneously in matters human and divine. The Moderators of the institute are to have a serious concern for the continued spiritual formation of the members.

725 The institute can associate with itself, by some form of bond determined in the constitutions, other members of Christ’s faithful who seek evangelical perfection according to the spirit of the institute and who share in its mission.

Whence all this piosity? From the 1983 Code of Canon Law! All those numbers are canons, none of which display any form of law. They impose no obligation. They neither sanction nor forbid anything. Nor do they define terms. They write fantasy into “law.” As in the following canon, we see divine vocation to the new “Church” enshrined.

Canon 722 §1 The initial probation is to be (future) so arranged that the candidates can better recognize their divine vocation and their vocation to that (novus ordo) institute, and be trained in the spirit and manner of life of the institute.

                §2 Candidates are to be (future) properly formed to live a life according to the evangelical counsels. They are to be (future) taught how to translate this life completely into their apostolate, applying those forms of evangelization which best correspond to the purpose, spirit and character of the (novus ordo) institute.

Typical of the 1983 code, all this persuasive irrelevancy cannot be found in the 1917 Code, which concerns laws—and necessary clarifying definitions.

Sometimes the 1917 Code and the 1983 farce almost agree:

1917 Canon 496 No religious house shall be established unless it can be prudently judged that the community will be able to support itself properly, either by a fixed income, or the usual alms, or by other means.

1983 Canon 610 §2 No house is to be established unless it is prudently foreseen that the needs of the members can be suitably provided for.

But the 1983 code lacks all suggestion of the 1917 enabling Canon 492, §1 “The bishop, but not the vicar-capitular, or administra­tor, or vicar-general, can create religious congregations. He shall not establish them, nor allow their foundation, without first consulting the Holy See. In the case of Tertiaries living in community, it is required … that the supreme head of the First Order (e.g., Franciscans) aggregate them to that Order.” However, it fills a notorious gap in the older Code, which never once regulated hermits. And we cannot really fault the new “Church” for not providing for monasteries and convents, which it emptied from its outset.

 

1917 Code Of Penance (Canon 870)

Canon 870                        In the Sacrament of Penance, by judicial absolution given by a legitimate minister, forgiveness of sins committed after Baptism is bestowed on the faithful who are properly dis­posed.

Chapter I. Of The Minister Of Penance (Canon 871-892)

Canon 871                        Priests alone are the ministers of this Sacrament.

Canon 872                        For the valid absolution of sins, the minister requires, besides the power of Orders, either ordinary or delegated power of jurisdiction over the penitent.

Persons Who Possess Ordinary Jurisdiction (Canon 873)

Canon 873 §1           Besides the Roman Pontiff, the Cardinals of the Roman Church possess ordinary jurisdiction for the hearing of confessions for the whole Church. The local Ordinaries have ordinary jurisdiction in their respective territories, and pastors and other priests holding the place of pastors have ordinary jurisdiction in their respective domains.
                                    § 2 The canon penitentiary of cathedral and collegiate churches has ordinary jurisdiction for the hearing of confessions in the diocese, and has power to absolve also from the episcopal reserved sins and censures, as conceded by Canon 401. The superiors of exempt religious organizations have ordinary jurisdiction over their subjects, according to their respective constitutions.   
                                    § 3 The ordinary jurisdiction for the administration of the Sacrament of Penance ceases with the loss of the office to which that jurisdiction is attached (cfr. Canon 183, on the loss of office), and after a declaratory or condemnatory sentence in­flicting excommunication, suspension from office, or interdict has been passed by a competent ecclesiastical court.

Delegated Jurisdiction For The Hearing Of Confessions (Canon 874-875)

Canon 874                        § 1 The Ordinary of the place where confessions are to be heard grants delegated jurisdiction to secular priests as well as to religious (even of an exempt organization) to hear the con­fessions of all seculars and religious. The religious priests, how­ever, should not make use of the jurisdiction without at least the presumed permission of their superiors. If, however, they do hear the confessions of religious without the permission of their superior, and the religious come to confession for the peace of their conscience, the absolution is nevertheless valid, as stated in Canon 519.             
§ 2 The local Ordinary shall not grant habitual faculties for the hearing of confessions to religious priests who have not been presented by their own superior. Moreover, the Ordinary should not without a grave reason refuse jurisdiction to those priests whom the religious superior presents, although he has the right, according to Canon 877, to test their fitness.

1983 Code                                Sacrament of Penance

Canon 959          In the sacrament of penance the faithful, confessing their sins to a legitimate minister, being sorry for them, and at the same time proposing to reform, obtain from God forgiveness of sins committed after baptism through the absolution imparted by the same minister; and they likewise are reconciled with the Church which they have wounded by sinning.

[This is a law? Or are we being snowed by a new concept of lost status in the Church which it may be necessary to recover before we can receive the sacraments? By sin we offend God, not the Church. God has provided the sacrament through which we obtain His forgiveness.]

Canons 960-964              Celebration [Another new concept!]

Canon 960          Individual and integral confession and absolution constitute the only ordinary way by which the faithful person who is aware of serious sin is reconciled with God and with the Church; only physical or moral impossibility excuses the person from confession of this type, in which case reconciliation can take place in other ways.

Canon 961          §1. Absolution cannot be imparted in a general manner to a number of penitents at once without previous individual confession unless:

                                                                        1˚ the danger of death is imminent and there is not time for the priest or priests to hear the confessions of the individual penitents;

                                                                        2˚ a serious necessity exists, that is, when in light of the number of penitents a supply of confessors is not readily available rightly to hear the confessions of individuals within a suitable time so that the penitents are forced to be deprived of sacramental grace or holy communion for a long time through no fault of their own; it is not considered a sufficient necessity if confessors cannot be readily available only because of the great number of penitents as can occur on the occasion of some great feast or pilgrimage.

                                                §2. It is for the diocesan bishop to judge whether the conditions required in §1, n. 2 are present; he can determine general cases of such necessity in the light of criteria agreed upon with other members of the conference of bishops.

Canon 962          §1. For a member of the Christian faithful validly to enjoy sacramental absolution given to many at one time, it is required that this person not only be suitably disposed but also at the same time intend to confess individually the serious sins which at present  cannot be so confessed.

                                                §2. As much as can be done, the Christian faithful are to be instructed concerning the requirements specified in §1, also on the occasion of receiving general absolution; an exhortation that each person take care to make an act of contrition is to precede general absolution, even in danger of death if time is available.

Canon 963          With due regard for the obligation mentioned in canon 989, a person who has had serious sins remitted by a general absolution is to approach individual confession as soon as there is an opportunity to do so before receiving another general absolution unless a just cause intervenes.

Canon 964          §1. The proper place to hear sacramental confessions is a church or an oratory.

                                                §2. The conference of bishops is to issue norms concerning the confessional, seeing to it that confessionals with a fixed grill between penitent and confessor are always located in an open area so that the faithful who wish to make use of them may do so freely.

                                                §3. Confessions are not to be heard outside the confessional without a just cause.

[Sin and sorrow are sufficient cause. Five prolix comments to which “law” cannot be applied, to introduce regular use of emergency measures. We find the sparse provisions for location at the tail end of the 1917 laws:

Canon 908. The proper place for sacramental confession is a church or a public or semi-public oratory.

Canon 909. The confessional for hearing the confessions of women shall always be placed in an open and conspicuous place, and as a rule in a church or a public or semi-public oratory appointed for women. The confessional must be so constructed that between the penitent and the confessor there is an irremovable grating with small holes.

Canon 910. The confessions of women shall not be heard outside the confessional, except in case of illness or other real necessity, and under the precautions prescribed by the local Ordinary. The confessions of men may be heard even in private houses.]

1917 Canon 875                                    § 1 In exempt clerical organizations of religious the proper superior also (that is, besides the bishop) can give delegated jurisdiction to hear the confessions of the professed, the novices and those who board in the religious house, as specified in Canon 514. The Constitutions of the respective organization must determine who has the power to delegate. The same jurisdiction may be given by the superior also to secular priests and to priests of another religious organization.               
                                                                       § 2 In laical exempt organ­izations the superior proposes the confessor, who, however, must obtain jurisdiction from the Ordinary of the diocese where the religious house is located.

Jurisdiction For Confessions Of Religious Women (Canon 876)

Canon 876                        § 1 Both secular and religious priests, of whatever rank or office, need special jurisdiction for the valid and licit hearing of the confessions of any religious women and their novices, and every contrary particular law or privilege is revoked. The only exceptions to this law are: (1) the faculties of all Cardinals to hear confessions of religious women in any diocese, as stated in Canon 239, § 1, n. 1; (2) the liberty granted to all religious women to confess to any approved confessor of the diocese in any church, or public or semi-public oratory, as stated in Canon 522; (3) the privilege of religious women when seriously ill, though not in danger of death, to call for any approved confessor of the diocese and to confess to him as often as they desire during the illness, as stated in Canon 523.                     
                                   § 2 This special jurisdiction is, in accordance with Canon 525, conferred by the Ordinary of the diocese where the convent of the reli­gious women is located.

Examination Of Priests Before Approval As Confessors (Canon 877)

Canon 877                        § 1 The local Ordinary as well as the religious superiors shall grant jurisdiction or permission to hear confessions only to priests who have been found qualified by examination, unless the theological knowledge of the priest is well known from other sources.      
                                   § 2 If, after the concession of jurisdiction or permission to hear confessions, the bishop or the religious superior has a justified doubt as to whether a priest who has been approved by him is still qualified, he should oblige him to undergo a new examina­tion concerning his knowledge, even though he is a pastor or a canon penitentiary.

Limitation Of Delegated Jurisdiction For Confession (Canon 878)

Canon 878                        Delegated jurisdiction or permission to hear confessions may be conceded with certain defined limitations. The local Ordinary and the religious superior, however, must beware of limiting the jurisdiction or permission excessively without rea­sonable cause.

 

1983 Canons 965-986                                                Minister

Canon 965                        Only a priest is the minister of the sacrament of penance.

Canon 966                        §1. For the valid absolution of sins it is required that, besides the power received through sacred ordination, the minister possess the faculty to exercise that power over the faithful to whom he imparts absolution.

                                                                        §2. A priest can be given this faculty either by the law itself or by a concession granted by competent authority in accord with the norm of canon 969.

Canon 967                        §1. Besides the Roman Pontiff, cardinals by the law itself possess the faculty to hear the confessions of the Christian faithful anywhere in the world; likewise, bishops possess this faculty and licitly use it anywhere unless the diocesan bishop denies it in a particular case.

                                    §2. Those who enjoy the faculty of hearing confessions habitually whether virtue of office or by grant from the ordinary of the place of incardination or the place in which they have a domicile can exercise the same faculty everywhere unless the local ordinary denies it in a particular case, with due regard for the prescriptions of canon 974, §2 & §3.

                                    §3. Those who have been granted the faculty to hear confessions in virtue of an office or by a grant from the competent superior in accord with the norms of canons 968, §2 & 969, §2 can by the law itself use the faculty anywhere in respect to members and others who stay day and night in a house of the institute or society; such persons also exercise this faculty licitly unless some major superior has denied it concerning his own subjects in a particular case.

Canon 968                        §1. In virtue of their office any local ordinary, canon penitentiary, as well as the pastor of a parish and those who take the place of  the pastor of a parish possess the faculty to hear confessions within their jurisdiction.

                                    §2. In virtue of their office superiors of a clerical religious institute or society of apostolic life of pontifical right who in accord with the norms of their constitutions possess executive power of governance enjoy the faculty to hear confessions of their subjects and others staying in the religious house day and night, with due regard for the prescription of canon  630, §4.

Canon 969                        §1. The local ordinary alone is competent to confer upon any presbyters whatsoever the faculty to hear the confessions of any of the faithful; however, presbyters who are members of religious institutes should not use such a faculty without at least the presumed permission of their superior.

                                                                        §2. The superiors of a clerical religious institute or society of apostolic life of pontifical right mentioned in canon 968, §2, is competent to confer on any presbyter whatever the faculty to hear the confessions of his subjects and others staying day and night in the house.

Canon 970                        The faculty to hear confessions is not to be granted to presbyters unless they are found to be qualified by means of an examination or their qualifications are evident from another source.

Canon 971                        The local ordinary is not to grant the faculty to hear confessions habitually to a presbyter, even one who has a domicile or quasi-domicile in his jurisdiction, without first consulting his ordinary, if possible.

Canon 972                        The faculty to hear confessions can be granted by the competent authority mentioned in canon 969 for an indefinite or for a definite period of time.

Canon 973                        The faculty to hear confessions habitually is to be granted in writing.

Canon 974                        §1. The local ordinary as well as the competent superior is not to revoke the faculty to hear confessions habitually except for a serious cause.

                                    §2. When the faculty to hear confessions is revoked by the local ordinary who granted it as mentioned in canon 967, §2, the presbyter loses that faculty everywhere; when this faculty is revoked by another local authority, the presbyter loses it only in the territory of the revoking authority’

                                    §3. Any local ordinary who has revoked a presbyter’s faculty to hear confessions is to inform the latter’s own  ordinary by reason of incardination or his competent superior in the case of a member of a religious institute.

                                    §4. When the faculty to hear confessions is revoked by his own major superior, the presbyter loses the faculty to hear the confessions of the members of the institute everywhere; when the faculty is revoked by another competent superior, the presbyter loses it only as regards the subjects of the superior’s jurisdiction.

Canon 975                        Besides by revocation, the faculty referred to in canon 976, §2 (non-existent) ceases by loss of office, excardination or loss of domicile.

Canon 976                        Even though he lacks the faculty to hear confessions, any priest validly and licitly absolves from any kind of censures and sins any penitent who is in danger of death, even if an approved priest is present.

 

 

1917 Code Manner Of Granting Delegated Jurisdiction (Canon 879)

Canon 879                        For the valid hearing of confessions, it is necessary that jurisdiction shall have been explicitly granted either in writing or orally. For the granting of jurisdiction no charge or tax may be demanded.

Revocation And Suspension Of Jurisdiction (Canon 880)

Canon 880                        The local Ordinary or the religious superior shall not recall or suspend the jurisdiction or permission for the hearing of confessions without a grave cause. The Ordinary may for grave reasons forbid even a pastor or a penitentiary the exercise of the office of confessor, but they have the right of recourse to the Apostolic See in devolutivo (scil., in the meantime they are obliged to obey the bishop’s injunction). The bishop, however, is not allowed, without consulting the Holy See, to deprive all confessors of a religious house of jurisdiction simul­taneously, if it is a domus formula—viz., one in which there are six or more professed members, of whom four at least must be priests.

Extent Of Jurisdiction (Canon 881)

Canon 881                        All priests, seculars and religious, approved for the hearing of confessions in some place, whether vested with ordi­nary or delegated jurisdiction, can validly and licitly absolve also vagi and strangers coming from another diocese or parish, and furthermore all Catholics of any Oriental Rite. Priests with ordinary jurisdiction for confession can absolve their own subjects anywhere in the world.

Power To Absolve Persons In Danger Of Death (Canon 882)

Canon 882                        In danger of death all priests, though not approved for confessions, can validly and licitly absolve any penitent from any sins and censures, although reserved and notorious, even if an approved priest is present. Canons 884 and 2252, however, remain unimpaired.

Hearing Confessions On The Ocean (Canon 883)

Canon 883                        On an ocean trip, all priests may hear confessions on the boat during the time of the voyage and absolve the faithful who travel with them (even though the boat may pass through districts subject to various Ordinaries or stop for a while in some port), provided they have been properly approved for confessions either by the bishop of their own diocese, or by the bishop of the port where they take the boat, or by the Ordinary of any of the ports at which the boat calls. Whenever the boat stops at a port during the voyage, such a priest may hear con­fessions and absolve not only the people who for any reason enter the boat, but also, if the priest goes ashore for a while, persons who request him to hear their confessions, and he may absolve them even from sins reserved to the local Ordinary.

Absolution Of The Priest's Accomplice In Sins Of Impurity (Canon 884)

Canon 884 The absolution of the priest's accomplice in a sin of impurity is invalid except when that person is in danger of death. Even in danger of death, the priest absolves illicitly unless another priest cannot be had, or the calling of another priest under the circumstances would implicitly reveal the sin of the priest with the person now in danger of death, as is ruled by the Apostolic Constitutions, especially by that of Pope Benedict XIV, “Sacramentum Poenitentiae,” June 1, 1741.

1983 code Canon 977                   The absolution of an accomplice in a sin against the sixth commandment of the Decalogue is invalid, except in danger of death.

  

Rules To Be Observed In Hearing Confessions (Canon 885-888) 1917 Code

Canon 885 Though the prayers attached by the Church to the formula of absolution are not necessary for the validity of the absolution, nevertheless they should not be omitted except for a good reason.

Canon 886 If the confessor has no reason to doubt the proper dispositions of the penitent who asks for absolution, he may neither deny nor defer absolution. 

1983 code Canon 980  If the confessor has no doubt about the disposition of a penitent who asks for absolution, absolution is not to be refused or delayed.

1917 Code Canon 887 The confessor shall impose a salutary and proper pen­ance in proportion to the number and gravity of the sins con­fessed and accommodated to the condition of the penitent, which penance the penitent must accept with a willing heart and perform personally. 

1983 code Canon 981  The confessor is to enjoin salutary and suitable penances in keeping with the quality and number of sins but with attention to the condition of the penitent; the penitent is obliged to perform the penances personally.

1917 Code Canon 888 The priest must remember that in hearing confessions he acts the part of both judge and physician, and that he has been appointed by God a minister of both the divine justice and the divine mercy to safeguard the honor of God and pro­mote the salvation of souls. The priest must absolutely guard against inquiring into the name of an accomplice in sins con­fessed, against detaining penitents with inquisitive and useless questions (especially concerning the sixth commandment), and especially against imprudently questioning young people about things of which they are ignorant.

1983 code Canon 978  §1. In hearing confessions the priest is to remember that he acts as a judge as well as a healer and is placed by God as the minister of divine justice as well as of mercy, concerned with the divine honor and the salvation of souls.

                                                                        §2. In the administration of the sacrament, the confessor, as a minister of the Church, is to adhere faithfully to the doctrine of the magisterium and the norms enacted by competent authority.

Canon 979                   The priest in posing questions is to proceed with prudence and discretion, with attention to the condition and age of the penitent, and he is to refrain from asking the name of an accomplice.

The Seal Of Confession (Canon 889-892) 1917 Code

 Canon 889 The sacramental seal is inviolable, and the confessor must therefore carefully beware of betraying a penitent by words or signs, or in any other way, for any reason whatsoever. The obligation of keeping the sacramental seal also binds the interpreter and all others to whom the knowledge of the con­fession has in any way come.

Canon 890 The confessor is absolutely forbidden to use the knowledge derived from confession to the disadvantage of the penitent, even when there is no danger of revelation. The actual superiors, as well as confessors who are afterwards made superiors, cannot make any use whatever of the knowledge of sins gained in the confessional for the purpose of the external government.

1983 code Canon 983 §1 The sacramental seal is inviolable. Accordingly, it is absolutely wrong for a confessor in any way to betray the penitent, for any reason whatsoever, whether by word or in any other fashion.

§2 An interpreter, if there is one, is also obliged to observe this secret, as are all others who in any way whatever have come to a knowledge of sins from a confession.

1983 code Canon 984 §1 The confessor is wholly forbidden to use knowledge acquired in confession to the detriment of the penitent, even when all danger of disclosure is excluded.

§2 A person who is in authority may not in any way, for the purpose of external governance, use knowledge about sins which has at any time come to him from the hearing of confession.

1917 Code Canon 891 The master of novices and his assistant, and the superior of a seminary or college, shall not hear the sacramental confessions of their students, who live with them in the same house, except in particular cases where a student for a grave and urgent reason may of his own accord request it.

1983 code Canon 985 The director and assistant director of novices, and the rector of a seminary or of any other institute of education, are not to hear the sacramental confessions of their students resident in the same house, unless in individual instances the students of their own accord request it.

1917 Code Canon 892          Pastors and others who have the care of souls in virtue of their office, are bound by a grave obligation of justice to hear, either in person or through others, the confessions of the faithful in their charge whenever they reasonably ask to be heard. In case of urgent necessity, all confessors are bound by the obligation of Christian charity to hear the confessions of the faithful, and in danger of death all priests have the same obli­gation.

1983 code Canon 986 §1 All to whom by virtue of office the care of souls is committed, are bound to provide for the hearing of the confessions of the faithful entrusted to them, who reasonably request confession, and they are to provide these faithful with an opportunity to make individual confession on days and at times arranged to suit them.

§2 In an urgent necessity, every confessor is bound to hear the confessions of Christ’s faithful, and in danger of death every priest is so obliged.

Chapter II. Of Reservation Of Sins (Canon 893-900) 1917 Code

Canon 893                        Those who have the ordinary power to grant the facul­ties for the hearing of confessions or to inflict censures, can also reserve some cases to their own tribunal and thus limit the power of absolution of their inferiors. Though the vicar-capitular* and the vicar-general have ordinary jurisdiction, the former cannot reserve cases, and the vicar-general can do so only by special mandate of his bishop. This restriction of jurisdiction is called the reservation of cases. In reference to the reservation of censures, the precepts of Canons 2246 and 2247 must be observed.

* In the United States and other countries which have no cathedral chapters, the diocesan administrator takes the place of the vicar-capitular.

Reserved Case Of False Denunciation (Canon 894)

Canon 894                        The only sin which, as sin, is reserved to the Holy See is the false accusation by which an innocent priest is accused of the crime of solicitation before ecclesiastical judges .

1983 code Canon 982  One who confesses the false denunciation of an innocent confessor to ecclesiastical authority concerning the crime of solicitation to sin against the sixth commandment of the Decalogue is not to be absolved unless that person has first formally retracted the false denunciation and is prepared to repair damages, if they have occurred.

Diocesan Reserved Cases (Canon 895) 1917 Code

Canon 895 The local Ordinaries shall reserve sins only after dis­cussing the matter in a diocesan synod, or outside the synod with the Cathedral Chapter and some of the more prudent and experi­enced priests exercising the care of souls in his diocese, so that thereby the real necessity or utility of the reservation may be ascertained.

In the United States and other countries having no Cathedral Chapters the diocesan consultors replace the Chapter. 

Reservation Of Cases In Exempt Religious Organizations (Canon 896)

Canon 896 In exempt religious organizations the only person who can reserve cases of his subjects is the Superior General, and in monastic Orders the abbot of an autonomous monastery, with their respective councils. Canons 518 and 519 must be observed.

Reserved Cases Must Be Few In Number (Canon 897)

Canon 897 The reserved cases must be few in number (namely, three or at most four), and they shall be only the more grievous and hideous external crimes specifically defined. The reserva­tion, however, shall not remain in force any longer than neces­sary for the extirpation of some inveterate public vice or for the restoration of perhaps collapsed Christian discipline.

Papal Cases Not To Be Reserved By Inferior Authorities (Canon 898)

Canon 898                        All inferior authorities must absolutely abstain from reserving sins which are already reserved to the Holy See by reason of a censure, and as a rule also from reserving those sins to which a censure is attached by law, though such censure is not reserved to anyone.

Enforcement Of Diocesan Reserved Cases And Faculties To Absolve From The Same (Canon 899)

Canon 899 Once they have reserved some cases which seemed to them necessary or useful, the local Ordinaries shall see that these reservations come to the knowledge of the people, and they shall not too freely grant faculties to absolve from the reserved cases.

The power to absolve from the diocesan reserved cases is granted by law to the Canon Penitentiary, as stated in Canon 401, and it shall be habitually given at least to the vicars forane (or deans), especially in districts far away from the episcopal city, with the additional power to subdelegate confessors of their respective districts, if and when these have recourse to them in some specific and more urgent ease.

By the law itself the pastors, and others who come under the name of pastors in law, have the faculty to absolve from the diocesan reserved cases (no matter in what manner the Ordinary has reserved them to Himself) during the entire time in which the Easter duty can be fulfilled, and all missionaries during the time that a mission is held for the people.

Circumstances In Which Reservations Cease (Canon 900)

Canon 900 Every reservation ceases: (1) when sick persons who cannot leave the house, or persons prior to their marriage, go to confession; (2) whenever the legitimate superior has refused the faculty to absolve asked for in an individual case, or in cases wherein the confessor prudently judges that the faculty to ab­solve cannot be asked from the legitimate superior without great inconvenience to the penitent, or without danger of violation of the sacramental seal; (3) if the penitent goes to confession outside the diocese where the case is reserved, even though he does so for the sole purpose of obtaining absolution.

Chapter III. Of Penance (Canon 901-907)

Canon 901 A person who has committed mortal sins after Baptism which have not yet been directly pardoned by the power of the keys of the Church is obliged to confess all such sins of which he is conscious after careful examination of conscience, and he must also explain in confession those circumstances which change the species of sins.

Sins Which May But Need Not Be Confessed (Canon 902)

Canon 902 Mortal sins committed after Baptism and already prop­erly confessed and directly absolved, and venial sins committed after Baptism, are sufficient but not necessary matter for the Sacrament of  Penance.

1983 code Chapter III: THE PENITENT

Canon 987 In order that the faithful may receive the saving remedy of the sacrament of penance, they must be so disposed that, repudiating the sins they have committed and having the purpose of amending their lives, they turn back to God.

Canon 988 §1 The faithful are bound to confess, in kind and in number, all grave sins committed after baptism, of which after careful examination of conscience they are aware, which have not yet been directly pardoned by the keys of the Church, and which have not been confessed in an individual confession.

§2 The faithful are recommended to confess also venial sins.

Canon 989 All the faithful who have reached the age of discretion are bound faithfully to confess their grave sins at least once a year.

Confession Through An Interpreter (Canon 903) 1917

Canon 903 Persons who cannot confess in any other way may, if they so desire, confess through an interpreter, provided abuse and scandal are avoided and the interpreter understands that he is bound by the seal of confession.

1983 Canon 990 No one is forbidden to confess through an interpreter, provided however that abuse and scandal are avoided, and without prejudice to the provision of Canon 983 §2.

Obligation Of Denouncing The Solicitation Of A Priest (Canon 904) 1917

Canon 904 According to the laws of former Apostolic Constitu­tions and especially the Constitution of Pope Benedict XIV, “Sacramentum Poenitentiae,” June 1, 1741, the penitent is obliged to denounce to the local Ordinary or to the Sacred Con­gregation of the Holy Office, within one month, a priest who is guilty of the crime of solicitation in confession. The confessor is obliged under grave obligation of conscience to inform the penitent of this duty.

Confession To A Priest Of A Different Rite (Canon 905)

Canon 905 All the faithful may confess their sins to any legiti­mately approved priest of another Rite, if they so desire. 

1983 Canon 991                            The Christian faithful are free to confess to a legitimately approved confessor of their choice, even one of another rite.

Precept Of Annual Confession (Canon 906-907)

Canon 906 All Catholics of either sex who have reached the years of discretion (that is to say, the use of reason), are obliged to confess all their sins accurately once a year.

Canon 907 A person who makes a sacrilegious or intentionally invalid confession does not satisfy the precept of confessing his sins.

 

Holy Orders

1917 Canon 948                                    The Sacrament of Holy Orders by Christ’s institution distinguishes in the Church the clergy from the laity for the government of the faithful and the ministry of divine worship.

1917 Canon 949                                    In the following Canons, the term “major” or “sacred orders” implies the priesthood, diaconate and subdiaconate; the term “minor orders” implies the orders of acolyte, exorcist, lector and ostiarius.

1917 Canon 950                                    In the laws of the Code the words, “ordain,” “order,” “ordination,” and “sacred ordination,” imply besides the episcopal consecration the orders in Canon 949 and also the first tonsure, unless the nature of the case or the context show that some particular order or orders are referred to.

Minister Of Holy Orders

Canon 951                        The bishop is the ordinary minister of sacred ordination. The extraordinary minister is that person who, though without the episcopal character, has received the power to confer some orders either by law or by special indult of the Apostolic See.

Ordinations Reserved To The Roman Pontiff

Canon 952                        It is not lawful for anyone to raise a man who has been ordained by the Roman Pontiff to higher orders without faculty from the Apostolic See.

Canon 953                        Episcopal consecration is reserved to the Roman Pontiff in such a manner that no bishop is allowed to confer episcopal consecration on anyone unless he has first ascertained that there is a papal mandate to that effect.

Canon 954                        The consecrating bishop must employ two other bishops to assist him in the consecration, unless the Apostolic See has given a dispensation in this matter.

Candidates To Be Ordained By Their Own Bishop

Canon 955                        §1                         Everyone shall be ordained by his own proper bishop or with legitimate dimissorial letters received from him.

                                   §2                         The proper bishop shall himself ordain his own subjects, unless pre­vented from doing so by some good reason. He cannot, however, lawfully ordain a subject of an Oriental Rite without an Apostolic indult.

Canon 956                        §1                         In so far as the ordination of seculars is concerned, that bishop alone is the proper minister who is the Ordinary of the diocese in which the candidate for promotion to orders has his domicile and place of origin, or his domicile only. In the latter case, however, the candidate must declare upon oath his inten­tion of remaining permanently in the diocese, unless he has been already incardinated in another diocese by first tonsure, or is destined for the service of another diocese as stated in Canon 969,

                                   §2                         or is a professed religious as stated in Canon 964, n. 4.

Ordination Rights Of Ordinaries Who Are Not Bishops

Canon 957                        §1                         Vicars and prefects Apostolic, and abbots and prelates nullius who have episcopal consecration, are regarded as equiva­lent to the bishops of dioceses in the matter of ordination.

                                                                       §2                         If they are not consecrated bishops, they may nevertheless confer first tonsure and minor orders in the territory of their jurisdiction, but only during their term of office. They may thus ordain, not only their own secular subjects who are domi­ciled in their territory, but also others who have been presented to them by proper dimissorial letters of other local Ordinaries. Ordinations by the vicars and prefects Apostolic, abbots and prelates nullius, in excess of the powers given to them in this Canon are invalid.

Power To Issue Dimissorial Letters

Canon 958                        §1                         Dimissorial letters for seculars may be issued by the following persons during the time of their jurisdiction in the territory:

1) The proper bishop after he has taken canonical pos­session of his diocese, according to Canon 334, though he has not yet been consecrated;

2)  The vicar-general by special mandate of his bishop;

3) The vicar-capitular with the consent of the Cathedral Chapter after the episcopal see has been vacant for one year. Within the year he can give dimissorial letters to those only who must be ordained on account of a benefice which they have received or are to receive, or for reason of some certain office for which provision must be made without delay on account of the scarcity of clerics in the diocese.

4) Vicars and prefects Apostolic, abbots and prelates nullius, though they lack episcopal consecration, may issue dimissorials even for major orders.

                                                                       §2                         The vicar-capitular (or diocesan administrator) shall not give dimissorial letters to those men who have been rejected by the bishop.

To Whom May Dimissorial Letters Be Addressed?

Canon 961                        The dimissorial letters may be directed by the proper bishop, even by a suburbicarian Cardinal Bishop, to any bishop in communion with the Apostolic See. Without an Apostolic indult, however, the bishop cannot send a candidate to a bishop of a Rite different from that of the candidate.

Canon 962                        Any bishop who has received proper dimissorial letters may licitly ordain the subjects of another Ordinary, provided he has no reason to doubt the genuineness of the dimissorials, and pro­vided the regulation of Canon 994 is duly observed.

Canon 963                        The dimissorial letters may be limited or revoked, either by the Ordinary who issued them or by his successor in office, but once they have been issued they do not become void by loss of office of the Ordinary who issued them.

Ordination Of Religious

Canon 964                        The following regulations shall be observed in reference to the ordination of religious:

1) A regular abbot entrusted with the government of an abbey, though without a territory nullius, may confer first ton­sure and minor orders under the following conditions: the can­didates ordained must be his subjects by reason of at least simple profession, and the abbot must be a priest and have legitimately received the abbatial blessing. Beyond these limits all ordina­tions given by him are invalid, unless the abbot is a titular bishop, and every privilege to the contrary is revoked;

2) Exempt religious cannot licitly be ordained by any bishop without the dimissorial letters of their proper major superior;

3) The superiors can issue dimissorial letters to their sub­jects spoken of in Canon 574 (temporarily professed men) for first tonsure and minor orders only;

4) The ordination of all other members of any religious organization is governed by the laws for seculars. Every indult granted to superiors to issue to the temporarily professed re­ligious dimissorial letters for major orders is revoked.

To What Bishop Must Religious Be Sent For Ordination?

Canon 965                        The bishop to whom the religious superior must address the dimissorial letters is the bishop of the diocese wherein is located the religious house to the family of which the ordinandus belongs.

Canon 966                        §1                         The superior may direct the dimissorial letters to another bishop only if the bishop of the diocese has given permission, or if he is of a different Rite from the ordinandus, or if he is absent, or if he does not have ordinations on the next following regular ordination days (as pointed out in Canon 1006), or finally if the diocese is vacant and the cleric in charge cannot ordain because he does not possess the episcopal character.

                                   §2                         In each of the above-mentioned cases it is necessary that the ordaining bishop knows by an authentic statement of the episcopal curia that the superior is entitled to send his subjects to him.

Canon 967                        The religious superiors are forbidden to send their subjects who are candidates for ordination to another religious house with a view to circumventing the bishop of the diocese, or to delay intentionally the issuing of the dimissorial letters until such a time as the bishop will either be absent or not have ordi­nations.

Canon 968                        §1                         Sacred ordination can be validly received only by a baptized man. For the licit reception it is necessary that a man have the qualifications required by the laws of the sacred canons, and that his proper Ordinary judge him thus qualified, and that he be free from any irregularity or other impediment.

                                   §2                         Men who suffer from irregularity or other impediment are for­bidden to exercise the orders which they have received, though through no fault of their own they incurred an irregularity or impediment after the reception of the orders.

Bishop May Not Ordain More Men Than He Can Usefully Employ In His Diocese

Canon 969                        §1                         No secular is to be ordained unless his proper bishop judges him necessary or useful for the churches of his diocese.

                                   §2                         The bishop, however, is not forbidden to ordain a subject who is destined for the future service of another diocese: when the time for his transfer has arrived, the legal excardination from the diocese of the proper bishop and the incardination into the diocese of the strange bishop must take place.

Right To Prohibit Reception Of Orders

Canon 970                        The proper bishop or the major religious superior can deny his clerics for any canonical reason (even an occult one), and without canonical procedure, promotion (ascensum) to re­ceive orders. The cleric has the right of recourse to the Holy See, and, in the case of a religious, also to the superior general, if the provincial has denied the promotion.

Freedom Of Choice Of The Clerical State

Canon 971                        It is unlawful for anyone to force a man in any manner and for any reason into the clerical state, or to keep a man canonically qualified from entering the clerical state.

Aspirants To Be Educated In Seminaries

Canon 972                        §1                         Care must be taken that those who aspire to sacred orders are received into the seminary from tender age. All are bound to live in the seminary at least during the entire course of sacred theology, unless the Ordinary dispenses from this rule in particular cases and for grave reasons: for such dispensations he is responsible in conscience.

                                   §2                         Those who aspire to orders and lawfully live outside the seminary, shall be entrusted to a pious and capable priest who shall watch over them and train them to lead a life of piety.

Requisites In The Subject Of Holy Orders

Canon 973                        §1                         First tonsure and orders shall be conferred on those only who have the intention of advancing to the priesthood, and who one may reasonably expect will be worthy priests.

                                   §2                         A cleric who refuses to receive higher orders cannot be forced by the bishop to do so, nor can the bishop forbid the cleric the exercise , of the orders received unless he is under a canonical impediment or there is, in the judgment of the bishop, another serious rea­son.

                                   §3                         The bishop shall not confer major orders on any candi­date unless he is certain from positive proofs that the candidate is canonically qualified; otherwise the bishop not only sins very grievously, but also exposes himself to the danger of cooperating in the sins of another.

Requisites For Licit Ordination

Canon 974                        §1                         The following requisites are demanded for licit ordi­nation:

1)  previous reception of Confirmation;

2) moral character corresponding to the order a candidate is to receive;

3)  canonical age;

4)  due knowledge;

5)  reception of inferior orders;

6)  observance of the prescribed intervals between orders;

7)  canonical title, if major orders are in question.

                                                                       §2                         In the case of episcopal consecration, the law of Canon 331 is to be observed.

Requisite Age For Major Orders

Canon 975                        The subdeaconship is not to be conferred before the completion of the twenty-first, the deaconship not before the completion of the twenty-second, and the priesthood not before the completion of the twenty-fourth year.

Courses Of Studies Required Before Various Orders

Canon 976                        §1                         Neither secular nor religious candidates are to be pro­moted to first tonsure before they have begun their theological course.

                                   §2                         Though the candidate has the age required by Canon 975, subdeaconship is not to be conferred until towards the end of the third year of theology, deaconship until after the commencement of the fourth year, and priesthood until after the first semester of the fourth year.

                                   §3                         The theological course must not have been pursued privately, but in schools destined for that purpose according to the plan of studies prescribed by Canon 1365.

Prescribed Order And Intervals In Ordinations

Canon 977                        The orders must be conferred in proper succession so that the omission of any is absolutely forbidden.

Canon 978                        §1                         In the ordinations the intervals of time between the orders are to be observed, and during these intervals the clerics shall exercise the orders received according to the bishop's regulations.

                                                                       §2                         The intervals between the first tonsure and the first minor order (ostiariate) and between the individual minor orders are left to the prudent judgment of the bishop. Unless the necessity or utility of the diocese in the bishop's judgment demands other­wise, there must be at least one year's interval between the last minor order and the subdeaconship, and at least three months between the subdeaconship and deaconship and between the deaconship and priesthood, and during these intervals all candi­dates should exercise the orders they hold.

                                                                       §3                         Without special permission of the Roman Pontiff, minor orders and subdeaconship, or two major orders, cannot be con­ferred on a candidate on one and the same day, and all contrary custom is condemned. It is not even lawful to confer the tonsure and one of the minor orders, or all minor orders, on a candidate in one day.

The Canonical Title

Canon 979                        §1                         The canonical title for the secular clergy is the title of a benefice or, in default of a benefice, of a patrimony or pension.

                                   §2                         This title should be really secure for the whole life of the cleric and truly sufficient for the proper maintenance of the cleric, according to the rules to be laid down by the Ordinaries in accordance with the needs and circumstances of the respective localities and times.

Canon 980                        §1                         If the cleric in major orders should happen to lose his title, he must secure for himself another, unless his bishop judges that his proper maintenance is provided for in another way.

                                   §2                         Prelates who without an Apostolic indult have knowingly ordained or allowed the ordination of a subject to major orders without a canonical title, must assume for themselves and for their successors the obligation of furnishing the needy cleric with proper sustenance, until other provision is made for his suitable maintenance.

                                   §3                         If the bishop has ordained a candidate without a canonical title under an agreement that the one or­dained shall not ask him for maintenance, such agreement is null and void.

Canon 981                        §1                         If there is none of the titles of ordination, spoken of in Canon 979, this deficiency may be supplied by the title of “serv­ice of the diocese”—and in places subject to the Propaganda by the “title of the mission”—provided that the candi­date shall promise under oath to serve the diocese (or the mis­sion) forever, subject to the authority of the local Ordinary.

                                   §2                         The Ordinary must give to the priest who was promoted to major orders under the title of the service of the diocese or the mission a benefice or office or salary sufficient for his proper support.

Title Of Ordination For Religious

Canon 982                        §1                         The canonical title for regulars is the solemn religious profession, which is called the “title of poverty.”

                                   §2                         For religious with perpetual simple vows, the title of ordination is the title of mensa communis, or congregationis, or a similar one, according to their constitutions.

                                   §3                         All other religious are governed by the law for seculars also in reference to the title of ordination.

Irregularities And Other Impediments

Canon 983                        No perpetual impediment which is called an irregu­larity, either from defect or from crime, is contracted unless it be one of those expressly enumerated in the following Canons.

Canon 984                        The following are irregular from defect:

1) Illegitimates, whether the illegitimacy is public or oc­cult, unless they have been made legitimate or have pronounced solemn religious vows;

2) Bodily defective men who on account of debility cannot safely, or on account of deformity cannot becomingly engage in the ministry of the altar. To impede, however, the exercise of lawfully received orders, a greater defect is required, nor are actions which can be properly performed forbidden by a super­vening defect;

3) Individuals who are or have been epileptics, insane, or possessed by the devil. If, after the reception of orders, they become thus afflicted but later on are certainly rid of the afflic­tion, the Ordinary may again allow his subjects the exercise of the orders which they had received;

4) Bigamists, that is to say, men who contracted succes­sively two or more valid marriages;

5)  Men who have incurred infamy of law;

6)  A judge who has pronounced a death sentence;

7) Men who have undertaken the office of executioner and their voluntary and immediate assistants in the execution of the capital sentences.

[The following crimes are punished with infamy of law either by the very commission of the crime (ipso facto), or by sentence of the ecclesiastical court when the Code commands the judge to impose that penalty:

1) Formal adhesion to a non-Catholic sect on the part of any Catholic―ipso facto. Canon 2314, § 1, n. 3;

2) Willful desecration of consecrated hosts―ipso facto. Canon 2320;

3) Dishonoring the bodies of the dead by theft or other crimes committed on the bodies or the graves of the deceased―ipso facto. Canon 2328;

4) Personal violence committed against the Roman Pontiff, Cardinals, Papal Legates―ipso facto. Canon 2343, §§ 1-2;

5) Dueling and officially witnessing the duel―ipso facto. Canon 2351;

6) Attempting to contract a so-called civil marriage while one's lawful spouse is living―ipso facto. Canon 2356;

7) Crimes of impurity with minors under sixteen years of age; also rape, sodomy, bawdry, incest. In these cases lay per­sons and clerics in minor orders incur infamy ipso facto; clerics in major orders are to be declared infames, suspended, and deprived of all offices, benefices, dignities―Canons 2357-2359.]

Irregularities From Crime

Canon 985                        The following are irregular from crime:

1) Apostates from the faith, heretics, schismatics;

2) Those who, except in a case of extreme necessity, permit themselves to be baptized in any manner by non-Catholics;

3) Those who, while bound by a valid marriage bond, or by sacred orders, or by even simple and temporary religious vows, dare to attempt marriage or go through the civil formalities of marriage. Likewise, men who dare to attempt marriage with a woman bound by a valid marriage bond or by such religious vows;

4) Men who have committed voluntary homicide or effec­tively procured abortion, and all their accomplices;

5) Men who have mutilated themselves or others, or have attempted suicide;

6) Clerics who practice the forbidden professions of medi­cine or surgery, if thereby the death of any person was caused;

7) Men not ordained to major orders who perform an act of orders reserved to clerics in major orders. Also clerics who have major orders but have been forbidden to exercise these orders by a canonical penalty either personal, corrective or punitive, or local.

Canon 986                        These offenses do not cause irregularity unless they are mortal sins, committed after Baptism (except in the case of Canon 985, n. 2), and unless they are external, whether public or occult.

Impediments To Ordination

Canon 987                        Simply impeded from receiving orders are:

1) Children of non-Catholics so long as the parents remain in their error;

2)  Married men;

3) Men who hold an office or administration forbidden to clerics and of which they must give an account. The prohibition ceases when they have given up such office or administration, have rendered account of the same, and have thus become free to enter the clerical state;

4) Slaves properly so called until they have been emanci­pated;

5) Men liable for ordinary military service to which the civil law obliges them, until they have finished that service;

6) Converts to the Church until they have been sufficiently tested according to the judgment of the Ordinary;

7) Men who suffer from infamy of fact until they have regained their good reputation, according to the judgment of the Ordinary.

Canon 988                        Ignorance of irregularities which arise either from crime or from defect, and ignorance of impediments does not prevent one from incurring them.

Canon 989                        Irregularities and impediments are multiplied in so far as they arise from different cases. The repetition of one and the same cause does not multiply an irregularity, except in the case of that arising from voluntary homicide.

Canon 990                        §1                         Ordinaries, acting either in person or by delegate, may dispense their subjects from all irregularities arising from an occult crime, with the exception of the irregularity arising from Canon 985, n. 4 (voluntary homicide or abortion), and other crimes carried into a court of law.

                                   §2                         The same faculty is given to all confessors in occult cases of unusual urgency, when the Ordi­nary cannot be reached and there is imminent danger of grave harm or of infamy. This faculty, however, is granted only for the purpose of allowing the penitent to exercise licitly the orders already received.

Canon 991                        §1                         In the petition for a dispensation all irregularities and impediments must be indicated. If they are not all indicated, a general dispensation is valid for those omitted in good faith, with the exception of the irregularities reserved in Canon 990 (viz., voluntary homicide and crimes brought before a court), but not for those concealed in bad faith.

                                   §2                         In the case of the irregularity from voluntary homicide, the number of crimes must be also stated under pain of invalidity of the dispensation conceded.

                                   §3                         A general dispensation for the reception of orders is good also for major orders, and the person dispensed may obtain non-consistorial benefices — even those to which the care of souls is attached — but he cannot be made a Cardinal, a bishop, an abbot or prelate nullius, or a major superior in clerical exempt organizations of religious.

                                   §4                         A dispensation granted in the internal non-sacramental forum shall be given in writing, and a record of it should be kept in the secret records of the diocesan Curia.

Things Which Should Precede Holy Orders

Canon 992                        All candidates for ordination, both secular and reli­gious, must either in person or through others manifest to their bishop (or to the representative of the bishop in this matter) at an opportune time their desire to be ordained.

Canon 993                        The candidates for ordination, both secular and reli­gious (who in the matter of ordination are governed by the law for seculars), are to procure the following testimonials:

1) Testimony of the last ordination or, if they are to receive the first tonsure, certificates of Baptism and Confirmation;

2)  Testimony of the completion of the required courses of studies, as they are demanded for the various orders by Canon 976;

3) Testimonial of the rector of the seminary as to the good conduct of the candidates. If, in an exceptional case, a candi­date has been permitted to live outside the seminary and has, as Canon 972 demands, been placed under the spiritual direction of a priest designated by the bishop, testimonials of good con­duct must be obtained from that priest;

4) Testimonial letters of the Ordinaries of the dioceses in which the candidate has lived so long that he might have con­tracted a canonical impediment, as prescribed in Canon 994;

5) Testimonial letters of the major religious superior, if the candidate is a member of a religious organization.

Canon 994                        §1                         The time in which a candidate for ordination might have contracted a canonical impediment is, as a rule, three months for men in military service, and for others six months, after the age of puberty. The ordaining bishop, however, if he judges it advisable, may demand testimonials also for a shorter period of residence, and even for the time prior to puberty.

                                                                       §2                         If the local Ordinary does not have sufficient information about the candidate, either from his own personal knowledge or from the testimony of others, and thus cannot testify that the candidate during the stay in his diocese contracted no canonical impediment; or if the candidate has lived in so many dioceses that it becomes impossible or too difficult to get all the testi­monials, the Ordinary shall at least make the candidate state under oath whether or not he has contracted a canonical impedi­ment.

                                                                       §3                         If, after the testimonials were obtained and before his ordi­nation, the candidate has again lived for three or six months respectively in the diocese from which testimonials were ob­tained, new testimonials of the local Ordinary are necessary.

Canon 995                        §1                         In his dimissorial letters, the religious superior must testify not only that the candidates have made the religious pro­fession and are members of the community of the religious house in the diocese where they are to be ordained, but also that they have completed the required courses of study and possess the other qualifications demanded by Canon Law.

                                   §2                         Having received these dimissorials, the bishop does not need any other testi­monials.

Examination Of Candidates Before Ordination

Canon 996                        §1                         All candidates, both secular and religious, must undergo a careful examination before ordination with reference to the order which they are to receive.

                                   §2                         Candidates for major orders must make the examination also in the respective courses of sacred theology which are required before reception of the vari­ous sacred orders.

                                   §3                         The bishops have the right to determine the method of the examination, to appoint the examiners and to prescribe the subjects of sacred theology in which the examina­tion is to be made.

Canon 997                        §1                         This examination is to be conducted for both seculars and religious under the authority of the local Ordinary, who by law has the right to ordain or to issue dimissorials requesting another bishop to ordain his subjects. For a good reason this Ordinary may also commit the examination to the ordaining bishop, if the latter is willing to assume that burden.

                                   §2                         The bishop who ordains non-subjects (either secular or reli­gious) who are sent to him with legitimate dimissorials in which it is stated that the candidates have been duly examined as demanded by § 1 of this Canon, and have been judged qualified, may accept this attestation as sufficient, but he is not obliged to do so. If he in conscience believes that a candidate is not suit­able, he should not promote him.

Canon 998                        §1                         The names of the men to be promoted to any major order, with the exception of religious who have taken either solemn or simple perpetual vows, shall be publicly announced in the respective parish church of each candidate. The Ordinary, however, may use his judgment in either dispensing with this publication, or ordering it to be made also in other churches besides the proper parish churches of the candidates, or substituting for the publication an announcement posted at the door of the parish church and left there for several days among which there must be at least one feast-day.

                             §2                         The publication is to be made on a Sunday or a holyday of obligation in church and dur­ing Mass, or on another day and at another hour when there is a large gathering of the faithful in church.

                            §3                         If the candidates have not been ordained within six months after the publication, it should be repeated, unless the Ordinary judges otherwise.

Canon 999                        All the faithful are bound by obligation to make known to the Ordinary or to the pastor before the ordination any im­pediment to sacred orders of which they have knowledge.

Canon 1000                   §1                         The bishop should order the pastor who makes the publi­cation—and also other priests, if it seems expedient to him - to inquire from trustworthy persons about the life and character of the candidates of ordination, and to transmit to the chancery office a report of the publication and investigation.

                            §2                         The same Ordinary shall not neglect, if it seems to him necessary or useful, to make further investigations even privately.

Retreat Before Ordination

Canon 1001                   §1                         Candidates for promotion to first tonsure and minor orders shall make the Spiritual Exercises for at least three full days; candidates for major orders for at least six full days. If the candidates are to receive several major orders within six months, the Ordinary may reduce the days of retreat before deaconship to not less than three full days.

                                           §2                       The religious shall make the spiritual exercises in their own house, or in any other appointed by their superior.

                            §3                         The secular candidates shall make the exercises in the seminary or in some other ecclesiastical or religious house designated by the bishop.

                            §4                         The superior of the house where the retreat is made shall testify to the bishop that the candidates made the retreat. In case of candidates from religious communities, their proper major superior shall supply this testimony

Rites And Ceremonies Of Sacred Ordination

Canon 1002                   In conferring any of the orders, the minister must observe accurately the proper rites as described in the Pontificale Romanum and other liturgical books approved by the Church, and it is not lawful for any reason to omit these rites or invert their order.

A Summary Of The Decisions Of The Holy See On The Defects In The Rite Of Sacred Ordination And Episcopal Consecration

Canon 1003                   The Mass of ordination or episcopal consecration must always be celebrated by the actual minister of the orders or con­secration.

Canon 1004                   If a man has received some orders according to an Oriental Rite and afterwards obtains an indult from the Holy See to receive higher orders in the Latin Rite, he must first receive those orders according to the Latin Rite which he has not received in the Oriental Rite.

Canon 1005                   All candidates for major orders are bound to receive Holy Communion in the Ordination Mass itself.

Canon 1006                   §1                         The episcopal consecration should be conferred during Holy Mass on Sundays or on feasts of the Holy Apostles.

                          §2                         Major orders are to be conferred during Mass on the Ember Saturdays, the Saturday before Passion Sunday, and on Holy Saturday.

                          §3                         For a grave reason the bishop may have these ordinations also on any Sunday or holyday of obligation.

                          §4                         First tonsure may be given on any day at any hour; the minor orders may be con­ferred on Sundays and feasts which are doubles, but in the fore­noon only.

                          §5                         The custom of holding ordinations on other days than those stated in this Canon is reprobated. These ordination days must be observed also when a bishop of the Latin Rite by Apos­tolic indult ordains a cleric of an Oriental Rite, and vice versa.

Canon 1007                   Whenever the ordination is to be repeated or some rite is to be supplied, either absolutely or conditionally, this may be done even outside the ordination days and secretly.

Right Of The Bishop To Hold Ordinations Restricted To His Diocese

Canon 1008                   Except in the case mentioned in Canon 239, § 1, n. 15, a bishop may not without the permission of the local Ordinary confer outside his own diocese those orders which require in the ordination rite the use of the pontificals.

Place Where Ordinations Are To Be Held

Canon 1009                   §1                         General ordinations are to be held publicly in the cathe­dral church, and the canons of the cathedral shall be called and they must attend. If the ordinations are held in another place of the diocese, the most prominent church should, in so far as possible, be chosen for the purpose, and the clergy of that place shall attend the ordination service.

                            §2                         The bishop, however, is not forbidden to have particular ordinations for any just reason in other churches - even in the chapel of the bishop's residence, of the seminary, or of a religious house.

                           §3                         First tonsure and minor orders may be conferred even in private oratories.

Records And Certificate Of Sacred Ordination

Canon 1010                   §1                         After the ordination the names of all candidates or­dained and of the ordaining minister, together with the place and date of ordination, are to be entered in a special book which is to be carefully kept by the Curia of the diocese where the ordina­tion takes place. All documents of each ordination are also to be carefully preserved.

                          §2                         To every candidate ordained an authentic certificate of the order received shall be given. If the men were ordained by a strange bishop with dimissorial letters, the cer­tificate of ordination shall be exhibited by these men to their own Ordinary for the purpose of having the ordination recorded in a special book to be kept in the archives.

Canon 1011                   Furthermore, the Ordinary in the case of seculars, or the major superior in the case of religious ordained with the su­perior's dimissorials, shall send notice of the ordination of each subdeacon to the pastor of his place of baptism, in order that this ordination may be entered in the baptismal record, as Canon 470, § 2, demands.

Registration & Certification

Canon 1053                   §1. After the ordination has been conferred, the names of those ordained and the ordaining minister, along with the place and date of the ordination, are to be noted in a special register which is to be carefully kept in the curia of the place of ordination; all the documents for each ordination are also to be carefully preserved.

                                         §2. The ordaining bishop is to give each of the ordained an authentic certificate of the ordination which was received; those who have been promoted through dimissorial letters by a bishop other than their own are to show this certificate to their own ordinary so that the registration of the ordination is recorded in the special register to be kept in the archives.

Canon 1054                   In the case of seculars the local ordinary and in the case of those who are subject to him the competent major superior, are to send notification of every ordination celebrated to the pastor of the place where the ordained person has been baptized so that a notation may be made in the baptismal register according to the norm of canon 535, §2.

 

1983 Code

Canon 1008                  By divine institution some among the Christian faithful are constituted sacred ministers through the sacrament of orders by means of the indelible character with which they are marked; accordingly they are consecrated and deputed to shepherd the people of God, each in accord with his own grade of orders, by fulfilling in the person of Christ the Head the functions of teaching, sanctifying and governing.

Canon 1009                  §1. The orders are the episcopacy, the presbyterate, and the diaconate.

                                           §2. They are conferred by an imposition of hands and by the consecratory prayer which the liturgical books prescribe for the individual grades.

Celebration & Minister

Canon 1010                  Ordination is to be celebrated within the solemnities of Mass on a Sunday or on a holy day of obligation; for pastoral reasons, however, it can take place on other days, even on ordinary weekdays.

Canon 1011                  §1. As a rule ordination is to be celebrated in the cathedral church; for pastoral reasons, however, it can be celebrated in another church or oratory.

                                         §2. The clergy and other members of the Christian faithful are to be invited to the ordination so that a large congregation may be present for the celebration.

Canon 1012                  The minister of sacred ordination is a consecrated bishop.

Canon 1013                  No bishop is permitted to consecrate anyone a bishop unless it is first evident that there is a pontifical mandate.

Canon 1014                  Unless a dispensation has been granted by the Apostolic See, the principal consecrating bishop in an episcopal consecration is to associate to himself at least two other consecrating bishops; but it is especially appropriate that all the bishops who are present should consecrate the bishop-elect along with the bishops mentioned.

Canon 1015                  §1. Each candidate is to be ordained to the presbyterate or the diaconate by his own bishop or with legitimate dimissorial letters from him.

                                         §2. The candidates’ own bishop is to ordain his own subjects personally unless he is impeded from doing so by a just cause; he cannot, however, licitly ordain a subject of an oriental rite without an apostolic indult.

                                         §3. The person who can grant dimissorial letters to receive orders can also confer these same orders personally provided he possesses the Episcopal character.

Canon 1016                  As regards the diaconal ordination of those who intend to become members of the secular clergy, the proper bishop is the bishop of the diocese in which the candidate has a domicile or the diocese to which he intends to devote himself; as regards the presbyteral ordination of secular clerics, the proper bishop is the bishop of the diocese into which the candidate has been incardinated through the diaconate.

Canon 1017                  A bishop can confer orders outside his own jurisdiction only with the permission of the diocesan bishop.

Canon 1018                  §1. The following can grant dimissorial letters for the secular clergy:

                                    1˚ the proper bishop mentioned in canon 1016;

                                    2˚ an apostolic administrator and, with the consent of the college of consultors, the diocesan administrator; and with the consent of the council mentioned in canon 495, §2, an apostolic pro-vicar and pro-prefect.

                                         §2. A diocesan administrator, a pro-vicar apostolic, and a pro-prefect apostolic are not to grant dimissorial letters to those who have been denied access to orders by their diocesan bishop, vicar apostolic, or prefect apostolic.

Canon 1019                  §1. The major superior of a clerical religious institute of pontifical right or the major superior of a clerical society of apostolic life of pontifical right is competent to grant dimissorial letters for the diaconate and for the presbyterate on behalf of the subjects who have become perpetually or definitively members of the institute or society in accord with their constitutions.

                                         §2. The ordination of all other members of any institute or society is governed by the law for seculars; any other indult whatsoever which has been granted to superiors is revoked.

Canon 1020                  Dimissorial letters are not to be granted unless all the testimonials and documents which are demanded by law in accord with canons 1050 & 1051have been obtained beforehand.

Canon 1021                  Dimissorial letters can be sent to any bishop who is in communion with the Apostolic See with the exception of a bishop who is of a rite different from the rite of the candidate, which requires an apostolic indult.

Canon 1022                  After he has received legitimate dimissorial letters, the ordaining bishop is not to proceed to the ordination unless there is clear proof that they are genuine.

Canon 1023                  Dimissorial letters can be circumscribed with restrictions or revoked by the one who granted them or his successor; but once they have been granted, they do not cease to be operative when the authority of the one granting them ceases.

Ordinands

Canon 1024                  Only a baptized male validly receives sacred ordination.

Canon 1025                  §1. In order for one to be licitly ordained to the presbyterate or to the diaconate, it is required that the candidate having completed a period of probation according to the norm of law is endowed with the required qualities in the judgment of the proper bishop or competent major superior; that he is not restrained by any irregularity or by any impediment; that he has fulfilled the prerequisites according to the norms of canons 1033-1039; in addition the documents mentioned in canon 1050 have been obtained, and the investigation mentioned in canon 1051 has been conducted.

                                         §2. Furthermore, it is required that in the judgment of the same legitimate superior he is considered to be useful for the ministry of the Church.

                                         §3. The bishop who ordains his own subject who is destined for the service of another diocese must be sure that the person to be ordained is going to be assigned to the other diocese.

Requirements

Canon 1026                  In order for one to be ordained he ought to possess the required freedom; it is unlawful to force someone to receive orders or to deter one who is canonically suitable from receiving them by whatever means and for whatever reason.

Canon 1027                  Those who aspire to the diaconate or the presbyterate are to receive an accurate formation in accord with the norm of the law.

Canon 1028                  The diocesan bishop or the competent superior is to see to it that candidates are duly instructed concerning those matters which pertain to the order to be received and its obligations before they are promoted to that order.

Canon 1029                  After all circumstances have been taken into account in the prudent judgment of the proper bishop or the competent major superior, only those should be promoted to orders who have an integral faith, are motivated by a right intention, possess the required knowledge, and enjoy a good reputation, good morals, and proven virtues, and other physical and psychological qualities which are appropriate to the order to be received.

Canon 1030                  Only for a canonical reason can the proper bishop or the competent major superior forbid access to the presbyterate to deacons destined for the presbyterate subject to them and with due regard for recourse in accord with the norm of the law.

Canon 1031                  §1. The presbyterate is not to be conferred upon those who have not yet completed the age of twenty-five and who do not possess sufficient maturity; an interval of at least six months is to be observed between the diaconate and the presbyterate; men destined for the presbyterate are to be admitted to the order of diaconate only after they have completed the age of twenty-three.

                                        §2. A candidate for the permanent diaconate who is not married is not to be admitted to the diaconate unless he has completed at least twenty-five years of age; if the candidate is married, he is not to be admitted to the permanent diaconate unless he has completed at least thirty-five years of age and has the consent of his wife.

                                        §3. The conference of bishops may determine a norm by which an older age is required for the presbyterate and the permanent diaconate.

                                        §4. The Apostolic See reserves to itself the dispensation from the age required in §§1 & 2 when it is a question of more than one year.

Canon 1032                  §1. Candidates for the presbyterate can be promoted to the diaconate only after they have completed a five-year curriculum of philosophical and theological studies.

                                        §2. After he has completed the curriculum of studies and before he is promoted to the presbyterate, a deacon is to participate in pastoral care, exercising his diaconal order for a suitable period of time, to be determined by the bishop or the competent major superior.

                                        §3. An aspirant to the permanent diaconate is not to be promoted to that order unless he has completed the time of formation.

Prerequisites

Canon 1033                  One is licitly promoted to orders only if he has received the sacrament of confirmation.

Canon 1034                  §1. An aspirant to the diaconate or the presbyterate is not to be ordained unless he has first been inscribed as a candidate by the authority mentioned in canons 1016 & 1019 in a liturgical rite of admission; this is done after he has submitted a signed petition written in his own hand and accepted in writing by the aforementioned authority.

                                          §2. A man who has been admitted through vows to a clerical institute is not bound to obtain this type of admission.

Canon 1035                  §1. Before anyone is promoted to either the permanent or the transitional diaconate he is required to have received the ministries of lector and acolyte and to have exercised them for a suitable period of time.

                                          §2. Between the conferral of acolyte and diaconate, there is to be an interval of at least six months.

Canon 1036                  In order to be promoted to the order of diaconate or of presbyterate the candidate is to give to his own bishop or to the competent major superior a signed declaration written in his own hand, testifying that he is about to receive sacred orders of his own accord and freely and that he will devote himself perpetually to the ecclesiastical ministry; this declaration is also to contain his petition for admission to the reception of orders.

Canon 1037                  An unmarried candidate for the permanent diaconate and a candidate for the presbyterate is not to be admitted to the order of diaconate unless in a prescribed rite he has assumed publicly before God and the Church the obligation of celibacy or professed perpetual vows in a religious institute.

Canon 1038                  A deacon who refuses to be promoted to the presbyterate cannot be forbidden the exercise of the order he has received unless he is prevented from exercising it by a canonical impediment or some other serious cause to be evaluated in the judgment of the diocesan bishop or competent major superior.

Canon 1039                  All those who are to be promoted to some order are to make a retreat for at least five days in a place and in a manner determined by the ordinary; before he proceeds to the ordination, the bishop must be certain that the candidates have duly made this retreat.

Irregularities, Impediments

Canon 1040                  Persons who are affected by a perpetual impediment, which is called an irregularity, or a simple impediment are prevented from receiving orders; the only impediments which can be contracted are contained in the following canons.

Canon 1041                  The following are irregular as regards the reception of order:

                                    1˚ a person who labors under some form of insanity or other psychic defect due to which, after consultation with experts, he is judged incapable of rightly carrying out the ministry;

                                    2˚ a person who has committed the delict of apostasy, heresy or schism;

                                    3˚ a person who has attempted marriage, even a civil one only, either while he was impeded from entering marriage due to an existing matrimonial bond, sacred orders or a public perpetual vow of chastity, or with a woman bound by a valid marriage or by the same type of vow;

                                    4˚ a person who has committed voluntary homicide or who has procured an effective abortion and all persons who positively cooperated in either;

                                    5˚ a person who has seriously and maliciously mutilated himself or another person or  a person who has attempted suicide;

                                    6˚ a person who has performed an act of orders which has been reserved to those who are in the order of episcopacy or presbyterate while the person either lacked that order or had been forbidden its exercise by some declared or inflicted canonical penalty.

Canon 1042                  The following are simply impeded from receiving orders:

                                    1˚ a man who has a wife, unless he is legitimately destined for the permanent diaconate.

                                    2˚ a person who holds an office or position of administration which is forbidden to clerics by canons 285 & 286 and for which he must render an account  until he becomes free by relinquishing the office and position of administration and has rendered an account of it.

                                    3˚ a neophyte, unless he has been sufficiently proven in the judgment of the ordinary.

Canon 1043                  The Christian faithful are obliged to reveal impediments to sacred orders, if they know of any, to the ordinary or to the pastor before ordination.

Canon 1044                  §1. The following are irregular as regards the exercise of orders already received:

                                    1˚ a person who has illegitimately received orders while he had an irregularity precluding his receiving orders;

                                    2˚ a person who has committed a delict mentioned in canon 1041, n. 2, if the delict is public; 

                                    3˚ a person who has committed a delict mentioned in canon 1041, nn. 3, 4, 5, 6.

                                   §2. The following are impeded from exercising orders:

                                    1˚ a person who has illegitimately received orders while he was bound by an impediment precluding his receiving orders;

                                    2˚ a person who is afflicted with insanity or some other psychic defect mentioned in canon 1041, n. 1, until the time when the ordinary, after consultation with an expert, permits him the exercise of that order.

Canon 1045                  Ignorance of the irregularities and impediments does not exempt from them.

Canon 1046                  Irregularities and impediments are multiplied when they arise from different causes. They are not multiplied by the repetition of the same cause except in the case of the irregularity arising from voluntary homicide or the effective procuring of an abortion.

Canon 1047                  §1. A dispensation from all irregularities is reserved to the Apostolic See if the fact upon which they are based has been brought to the judicial forum.

                                         §2. A dispensation from the following irregularities and impediments to receiving orders is also reserved to the Holy See.

                                    1˚ from the irregularity arising from the public delict  mentioned in canon 1041, nn. 2 & 3;

                                    2˚ from the irregularity arising from the public or occult delict mentioned in canon 1041, n. 4;

                                    3˚ from the impediment mentioned in canon 1042, n. 1.

                                         §3. Also reserved to the Apostolic See is a dispensation from the irregularities precluding the exercise of an order already received which are mentioned in canon 1041, n. 3, but only in public cases, and in canon 1041, n. 4, even in occult cases.

                                         §4. The ordinary can dispense from irregularities and impediments not reserved to the Holy See.

Canon 1048                  If, in more urgent occult cases access to the ordinary cannot be had or when it is a question of the irregularities mentioned in canon 1041, nn. 3 & 4, access to the Sacred Penitentiary cannot be had and if there is a danger of serious harm or infamy, the person who is impeded by an irregularity from exercising an order can exercise it, with due regard, however, for the responsibility of making recourse as soon as possible to the ordinary or Sacred Penitentiary through a confessor and without mentioning the name of the person who has the irregularity.

Canon 1049                  §1. In the petition to obtain a dispensation from irregularities and impediments, all the irregularities and impediments are to be indicated, nevertheless, general dispensation is valid even for those which have been omitted in good faith with the exception of those mentioned in canon 1041, n. 4, or others which have been brought to the judicial forum; however, a general dispensation  is not valid for those which have been omitted in bad faith.

                                          §2. If it is a question of the irregularity arising from voluntary homicide or from procuring an abortion the number of the delicts is also to be mentioned for the dispensation to be valid.

                           §3. A general dispensation from the irregularities and impediments to receive orders is valid for all the orders.

Documents, Examination

Canon 1050                  For one to be promoted to sacred orders the following documents are required:

                                    1˚ certification that the studies prescribed by canon 1032 have been duly completed;

                                    2˚ certification that the diaconate has been received if it is a question of those to be ordained to the presbyterate;

                                    3˚ certification that baptism and confirmation have been received and that the ministries mentioned in canon 1035 have been received if it is a question of those to be promoted to the diaconate; also, certification that the declaration mentioned in canon 1036 has been made; and, if the ordinand who is to be promoted to the permanent diaconate is married, certification of the marriage that was celebrated and of the wife’s consent.

Canon 1051                  As regards the inquiry concerning the qualities required of an ordinand the following prescriptions are to be observed:

                                    1˚ a testimonial is to be furnished by the rector of the seminary or the house of formation concerning the qualities required for the reception of orders; that is, the candidates correct doctrine, genuine piety, good morals and his suitability for exercising the ministry; and, after a duly executed inquiry, the state of his physical and psychological health;

                                    2˚ in order that the inquiry may be properly conducted, the diocesan bishop or the major superior can employ other means which seem useful in accord with the circumstances of time and place, for example testimonial letters, public announcements or other means for gaining information.

Canon 1052                  §1. In order for a bishop conferring an ordination in virtue of his own proper right to proceed to the ordination, he must be certain that the documents mentioned in canon 1050 have been furnished and that the suitability of the candidate has been proved through positive arguments after the inquiry has been conducted in accord with the norm of the law.

                                         §2. In order for a bishop to proceed to the ordination, of one who is not his own subject, it is sufficient that the dimissorial letters refer to the fact that such documents have been furnished, that the inquiry has been conducted in accord with the norm of the law and that the suitability of the candidate has been proved; but if the candidate is a member of a religious institute or a society of apostolic life, the dimissorial letters must also certify that he has definitively become a member and that he is a subject of the superior who grants the letters.

                                       §3. If despite all the above considerations the bishop has certain reasons for doubting the suitability of the candidate for ordination, he is not to ordain him.

Canon Laws1917 vs. 1983──Holy Orders

1917 Canon 948       The Sacrament of Holy Orders by Christ’s institution distinguishes in the Church the clergy from the laity for the government of the faithful and the ministry of divine worship.

1917 Canon 949        In the following Canons, the term “major” or “sacred orders” implies the priesthood, diaconate and subdiaconate; the term “minor orders” implies the orders of acolyte, exorcist, lector and ostiarius.

1917 Canon 950        In the laws of the Code the words, “ordain,” “order,” “ordination,” and “sacred ordination,” imply besides the episcopal consecration the orders in Canon 949 and also the first tonsure, unless the nature of the case or the context show that some particular order or orders are referred to.

The framers of the 1983 code saw it as means of imposing doctrinal innovation while removing hundreds of laws.

1983 Canon 1008     By divine institution some among the Christian faithful are constituted sacred ministers through the sacrament of orders by means of the indelible character with which they are marked; accordingly they are consecrated and deputed to shepherd the people of God, each in accord with his own grade of orders, by fulfilling in the person of Christ the Head the functions of teaching, sanctifying and governing (in the absence of the Mass in which priests formerly transubstantiated in persona Christi).

1983 Canon 1009        §1. The orders are the episcopacy, the presbyterate, and the diaconate.

                                       §2. They are conferred by an imposition of hands and by the consecratory prayer which the liturgical books prescribe for the individual grades.

1917 Canon 1002       In conferring any of the orders, the minister must observe accurately the proper rites as described in the Pontificale Romanum and other liturgical books approved by the Church, and it is not lawful for any reason to omit these rites or invert their order.

1983 Canon 1011       §2. The clergy and other members of the Christian faithful are to be invited to the ordination so that a large congregation may be present for the celebration.

A few 1983 canons (1030-1038) differentiate between deacons in quest of the presbyterate and the permanent type, some of whom need consent of their wives. The greatest “improvements” are not apparent, because no one can see what is missing. Let us compare the omissions with the remainder. From the 1917 Code:

Canon 969                   §1          No secular is to be ordained unless his proper bishop judges him necessary or useful for the churches of his diocese.

                                     §2          The bishop, however, is not forbidden to ordain a subject who is destined for the future service of another diocese: when the time for his transfer has arrived, the legal excardination from the diocese of the proper bishop and the incardination into the diocese of the strange bishop must take place.

Canon 973                   §1        First tonsure and orders shall be conferred on those only who have the intention of advancing to the priesthood, and who one may reasonably expect will be worthy priests.

                   §2           A cleric who refuses to receive higher orders cannot be forced by the bishop to do so, nor can the bishop forbid the cleric the exercise, of the orders received unless he is under a canonical impediment or there is, in the judgment of the bishop, another serious reason.

                   §3           The bishop shall not confer major orders on any candidate unless he is certain from positive proofs that the candidate is canonically qualified; otherwise the bishop not only sins very grievously, but also exposes himself to the danger of cooperating in the sins of another.

Canon 974                  §1             The following requisites are demanded for licit ordination:

1)  previous reception of Confirmation;

2) moral character corresponding to the order a candidate is to receive;

3)  canonical age;

4)  due knowledge;

5)  reception of inferior orders;

6)  observance of the prescribed intervals between orders;

7)  canonical title, if major orders are in question.

Canon 975                 The subdeaconship is not to be conferred before the completion of the twenty-first, the deaconship not before the completion of the twenty-second, and the priesthood not before the completion of the twenty-fourth year.

Canon 976                 §1         Neither secular nor religious candidates are to be pro­moted to first tonsure before they have begun their theological course.

                 §2        Though the candidate has the age required by Canon 975, subdeaconship is not to be conferred until towards the end of the third year of theology, deaconship until after the commencement of the fourth year, and priesthood until after the first semester of the fourth year.

                  §3      The theological course must not have been pursued privately, but in schools destined for that purpose according to the plan of studies prescribed by Canon 1365.

Canon 977                  The orders must be conferred in proper succession so that the omission of any is absolutely forbidden.

Canon 978                  §1      In the ordinations the intervals of time between the orders are to be observed, and during these intervals the clerics shall exercise the orders received according to the bishop's regulations.

                                     §2           The intervals between the first tonsure and the first minor order (ostiariate) and between the individual minor orders are left to the prudent judgment of the bishop. Unless the necessity or utility of the diocese in the bishop's judgment demands other­wise, there must be at least one year's interval between the last minor order and the subdeaconship, and at least three months between the subdeaconship and deaconship and between the deaconship and priesthood, and during these intervals all candi­dates should exercise the orders they hold.

                                     §3        Without special permission of the Roman Pontiff, minor orders and subdeaconship, or two major orders, cannot be con­ferred on a candidate on one and the same day, and all contrary custom is condemned. It is not even lawful to confer the tonsure and one of the minor orders, or all minor orders, on a candidate in one day.

Canon 979                   §1         The canonical title for the secular clergy is the title of a benefice or, in default of a benefice, of a patrimony or pension.

                   §2         This title should be really secure for the whole life of the cleric and truly sufficient for the proper maintenance of the cleric, according to the rules to be laid down by the Ordinaries in accordance with the needs and circumstances of the respective localities and times.

Canon 980               §1        If the cleric in major orders should happen to lose his title, he must secure for himself another, unless his bishop judges that his proper maintenance is provided for in another way.

               §2         Prelates who without an Apostolic indult have knowingly ordained or allowed the ordination of a subject to major orders without a canonical title, must assume for themselves and for their successors the obligation of furnishing the needy cleric with proper sustenance, until other provision is made for his suitable maintenance.

                 §3          If the bishop has ordained a candidate without a canonical title under an agreement that the one or­dained shall not ask him for maintenance, such agreement is null and void.

Canon 981                 §1         If there is none of the titles of ordination, spoken of in Canon 979, this deficiency may be supplied by the title of “service of the diocese”—and in places subject to the Propaganda by the “title of the mission”—provided that the candidate shall promise under oath to serve the diocese (or the mission) forever, subject to the authority of the local Ordinary.

                  §2          The Ordinary must give to the priest who was promoted to major orders under the title of the service of the diocese or the mission a benefice or office or salary sufficient for his proper support.

Canon 982                  §1        The canonical title for regulars is the solemn religious profession, which is called the “title of poverty.”

                  §2       For religious with perpetual simple vows, the title of ordination is the title of mensa communis, or congregationis, or a similar one, according to their constitutions.

                  §3        All other religious are governed by the law for seculars also in reference to the title of ordination.

Benefice occurs nowhere in the 1983 canons (1008-1054) on Orders. Aside from variations on ages for eligibility and a reference or two to that other pointless innovation, bishops’ conferences, the remainder of the new code follows the 1917 Code, though rather sloppily. But all the 1917 Canons on requirements are replaced by three 1983 canons:

Canon 1027                Those who aspire to the diaconate or the presbyterate are to receive an accurate formation in accord with the norm of the law.

Canon 1028               The diocesan bishop or the competent superior is to see to it that candidates are duly instructed concerning those matters which pertain to the order to be received and its obligations before they are promoted to that order.

Canon 1029                After all circumstances have been taken into account in the prudent judgment of the proper bishop or the competent major superior, only those should be promoted to orders who have an integral faith, are motivated by a right intention, possess the required knowledge, and enjoy a good reputation, good morals, and proven virtues, and other physical and psychological qualities which are appropriate to the order to be received.

 

 

MATRIMONY

We continue comparison of the 1917 Code of Canon Law with its illegitimate 1983 substitute. The laws on marriage were next. But there are too many; we would drift quickly into the land of dreams, where who knows how many legislators we might encounter.

I cite the first half  of  one canon of  the 131 in the Code:

Canon 1013       §1. The primary end of marriage is the procreation and education of children; the secondary end, mutual support and the relief of concupiscence.

No trace remains of this basic, highly pertinent and relevant half-canon in the entire 110 “laws” of the 1983 document, though we know the codifiers were aware of it because they included in their substitute the second half of the original law. They bowed to a major innovation of the Second Vatican Council:

Vatican II (Church in the Modern World, 50): Marriage and conjugal love are by their nature ordained toward the begetting and educating of children .... Hence, while not making the other purposes of matrimony of less account, the true practice of conjugal love, etc. (Footnote: The Commission charged with drafting this text made every effort to avoid any appearance of wishing to settle questions concerning a hierarchy of the “ends” of marriage.)

So they pretended that no such hierarchy had been established - or reinforced by Canon Law (Canon 1013).

Decree of the Holy Office, April 1, 1944, approved by Pope Pius XII, March 30, 1944: Can we entertain the opinion of some modern authorities who deny that the primary end of marriage is procreation and education, or teach that the secondary ends are not necessarily subordinate to the primary one but are equally important and independent? The members of the Sacred Congregation of the Holy Office have decided to reply in the negative.

St. Thomas Aquinas (Summa Theologiae, Supp III, q. 41, 1): .... for its principal end, which is the good of the offspring .... for the secondary end of marriage, which is devoted mutual compliance by the spouses in domestic matters.

This one omission clearly demonstrates the 1983 code’s bias. For good measure I cite obvious 1983 innovations:

Canon 1062       §1. A promise of marriage, be it unilateral or bilateral, called an engagement, is regulated by particular law which has been established by the conference of bishops after it has taken into consideration any existing customs and civil laws.

Canon 1067       The conference of bishops is to offer norms concerning the examination of the parties, and the marriage banns and other appropriate means for carrying out the necessary inquiries which are to precede marriage. The pastor can proceed to assist at a marriage after such norms have been diligently observed.

Canon 1083       §1. A man before he has completed his sixteenth year of age, and likewise a woman before she has completed her fourteenth year of age, cannot enter a valid marriage.

§2. It is within the power of the conference of bishops to establish an older age for the licit celebration of marriage.

Canon 1112       §1. With the prior favorable opinion of the conference of bishops and after permission of the Holy See has been obtained, the diocesan bishop can delegate lay persons to assist at marriages where priests or deacons are lacking.

§2. A suitable lay person is to be chosen who is capable of giving instruction to those to be wed and qualified to perform the marriage liturgy correctly.

Canon 1120       The conference of bishops can draw up its own marriage ritual, to be reviewed by the Holy See; such a ritual, in harmony with the usages of the area and its people adapted to the Christian spirit, must provide that the person assisting at the marriage be present, ask for the manifestation of the contractants’ consent and receive it.

Canon 1121       §1. After a marriage has been celebrated, the pastor of the place of celebration or the person who takes his place, even if neither has assisted at the marriage, should as soon as possible note the following in the marriage register: the names of the spouses, the person who assisted and the witnesses, the place and date of the marriage celebration; these notations are to be made in accord with the method prescribed by the conference of bishops or the diocesan bishop.

Canon 1126       The conference of bishops is to establish the way in which these declarations and 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 1127       §1. The prescriptions of canon 1108 are to be observed concerning the form to be employed in a mixed marriage; if a Catholic party contracts marriage with a non-Catholic of an oriental rite, the canonical form of celebration is to be observed only for liceity; for validity, however, the presence of a sacred minister is required along with the observance of the other requirements of law.            
§2. If serious difficulties pose an obstacle to the observance of the canonical form, the local ordinary of the Catholic party has the right to dispense from the form in individual cases, but after consulting the ordinary of the place where the marriage is to be celebrated and with due regard, for validity, for some public form of celebration; the conference of bishops is to issue norms by which such a dispensation may be granted in an orderly manner.

Symbiosis in action! Two rank innovations support each other. Obviously both need all support available.

The relation of the married(?) to the bishops’ conference has not been determined, nor has the relevance of the bishops’ conference itself. It is based on Vatican II, which hoped to find some use for it, aside from the obvious intent to share responsibility for the disaster. We might blame the pope!

What is an Episcopal Conference? Whom does it represent? What is its authority or purpose? No definition. Paul VI himself said that eventually in practice it would become clear how to define it and demarcate its powers. Ignorant of their objective, our bishops went straight into conferences. The greater the importance and power these Conferences assume, the more the individual bishops are eliminated. The episcopacy, the real structure of the Church of Our Lord, disappears into committee.

Let us quote Wojtyla’s Introduction to the 1983 Code:        
“If one asks why John XXIII had clearly perceived the need to reform the current Code, perhaps the answer is found in the 1917 Code itself. [A pregnant - but unextended - statement!] There is however another reason, the principal one, namely that the reform of the Code of Canon Law was seen to be directly sought and requested by the Council itself [not yet convoked], which had particularly concentrated its attention upon the Church.

“As is quite clear, when the first announcement of the revision of the Code was made, the Council was something totally in the future. Moreover, the acts of its teaching authority, and particularly its teaching on the Church, were to be developed over the years 1962-65. Nevertheless, one cannot fail to see that John XXIII’s insight was most accurate, and his proposal must rightly be acknowledged as one which looked well ahead to the good of the Church.” …. [Additional proof of his invalidating intent to impose essential change on the eternal Church.]

“If we now turn our attention to the nature of the labours which preceded the promulgation of the Code and to the manner in which they were performed, especially during the Pontificates of Paul VI, John Paul I and then up to this present day it is vital to make quite clear that these labours were brought to their conclusion in an eminently collegial spirit. This not only relates to the external composition of the work, but it affects also the very substance of the laws which have been drawn up.

“This mark of collegiality by which the process of this Code’s origin was prominently characterized, is entirely in harmony with the teaching authority and the nature of the Second Vatican Council. The Code therefore, not only because of its content but because of its origin, demonstrates the spirit of this Council in whose documents the Church, the universal sacrament of salvation (cf. Const. Lumen Gentium, n. 9, 48), is presented as the People of God, and its hierarchical Constitution is shown as founded on the College of Bishops [a blatant innovaton!] together with its Head.

“For this reason therefore, the Bishops and Episcopal Conferences were invited to associate themselves with the work of preparing the new Code, so that through a task of such length, in as collegial a manner as possible, little by little the juridical formulae would come to maturity and would then serve the whole Church. ….

“In promulgating this Code today, therefore, we are fully conscious that this act stems from our pontifical authority itself, and so assumes a primatial nature. Yet we are no less aware that in its content this Code reflects the collegial solicitude of all our brothers in the episcopate.” [Big Shirk!]

Vatican II’s Decree on the Bishops’ Pastoral Office in the Church, 38, 4):

“Decisions of the episcopal conference, provided they have been made lawfully and by choice of at least two-thirds of the prelates who have a deliberative vote in the conference, and have been reviewed by the Apostolic See, are to have juridically binding force in those cases and in those only which are prescribed by common law or determined by special mandate of the Apostolic See, given spontaneously or in response to a petition from the conference itself.”

Among the eighty-eight canons of the 1983 Code in which Bishops’ Conferences receive mention, several reiterate and re-emphasize the fact that these conferences must submit all majority decisions to Roman (papal) approval.

Canon 237 §2 An inter-diocesan seminary may not be established unless the prior approval of the Apostolic See has been obtained, both for the establishment of the seminary and for its statutes. Approval is also required from the Episcopal Conference if the seminary is for the whole of its territory; otherwise, from the Bishops concerned.

Canon 242 §1 In each country there is to be a Charter of Priestly Formation. It is to be drawn up by the Episcopal Conference, taking account of the norms issued by the supreme ecclesiastical authority, and it is to be approved by the Holy See; moreover, it is to be adapted to new circumstances, likewise with the approval of the Holy See. ….

Canon 439 §1 A plenary council for all the particular Churches of the same Episcopal Conference is to be celebrated as often as the Episcopal Conference, with the approval of the Apostolic See, considers it necessary or advantageous.

Canon 441 It is the responsibility of the Episcopal Conference:     
1° to convene a plenary council;

2° to choose a place within the territory of the Episcopal Conference for the celebration of the council;

3° to elect from among the diocesan Bishops a president of the plenary council, who is to be approved by the Apostolic See;

4° to determine the order of business and the matters to be considered, to announce when the plenary council is to begin and how long it is to last, and to transfer, prorogue and dissolve it.

Canon 448 §1 As a general rule, the Episcopal Conference includes those who preside over all the particular Churches of the same country, in accordance with Canon 450.

§2 An Episcopal Conference can, however, be established for a territory of greater or less extent if the Apostolic See, after consultation with the diocesan Bishops concerned, judges that circumstances suggest this. Such a Conference would include only the Bishops of some particular Churches in a certain territory, or those who preside over particular Churches in different countries. It is for the Apostolic See to lay down special norms for each case.

Canon 449 §1 It is for the supreme authority of the Church alone, after consultation with the Bishops concerned, to establish, suppress, or alter Episcopal Conferences.

Canon 451 Each Episcopal Conference is to draw up its own statutes, to be reviewed by the Apostolic See. In these, among other things, arrangements for the plenary meetings of the Conference are to be set out, and provision is to be made for a permanent committee of Bishops, and a general secretary of the Conference, and for other offices and commissions by which, in the judgment of the Conference, its purpose [?] can more effectively be achieved.

Canon 455 §1 The Episcopal Conference can make general decrees only in cases where the universal law has so prescribed, or by special mandate of the Apostolic See, either on its own initiative or at the request of the Conference itself.

§2 For the decrees mentioned in §1 validly to be enacted at a plenary meeting, they must receive two thirds of the votes of those who belong to the Conference with a deliberative vote. These decrees do not oblige until they have been reviewed by the Apostolic See and lawfully promulgated.

Canon 456 When a plenary meeting of the Episcopal Conference has been concluded, its minutes are to be sent by the president to the Apostolic See for information, and its decrees, if any, for review.

Canon 459 §1 Relations are to be fostered between Episcopal Conferences, especially neighboring ones, in order to promote and defend whatever is for the greater good.        
                        §2 The Apostolic See must be consulted whenever actions or affairs undertaken by Conferences have an international character.

Canon 753         Although they do not enjoy infallible teaching authority, the bishops in communion with the head and members of the college, whether as individuals or gathered in conferences of bishops or in particular councils, are authentic teachers and instructors of the faith for the faithful entrusted to their care; the faithful must adhere to the authentic teaching of their own bishops with a sense of religious respect.

Canon 755        §1. It is within the special competence of the entire college of bishops and of the Apostolic See to promote and direct the participation of Catholics in the ecumenical movement, whose purpose is the restoration of unity among all Christians, which the Church is bound by the will of Christ to promote.

Canon 756 §1 The office of preaching the Gospel to the whole Church has been committed principally to the Roman Pontiff and [by whom?] to the [new] College of Bishops.

Canon 825 §1 Books of the sacred Scriptures may not be published unless they are approved by the Apostolic See or the Episcopal Conference. The publication of translations of the sacred Scriptures requires the approval of the same authority, and they must have necessary and sufficient explanatory notes.

§2 With the permission of the Episcopal Conference, Catholic members of Christ’s faithful, in cooperation with separated brethren, may prepare and publish versions of the Scriptures, with appropriate explanatory notes.

Canon 838         §1. The supervision of the sacred liturgy depends solely on the authority of the Church which resides in the Apostolic See and, in accord with the law, the diocesan bishop. [Clearly, new worship and sacraments came not from the bishops’ conferences!]

                §2. It is for the Apostolic See to order the sacred liturgy of the universal Church, to publish the liturgical books, to review their translations into the vernacular languages and to see that liturgical ordinances are faithfully observed everywhere.

§3. It pertains to the conferences of bishops [returned!] to prepare translations of the liturgical books into the vernacular languages, with the appropriate adaptations within the limits defined in the liturgical books themselves, and to publish them with the prior review by the Holy See.

Canon 844 §1 Catholic ministers may lawfully administer the sacraments only to Catholic members of Christ’s faithful, who equally may lawfully receive them only from Catholic ministers, except as provided in §§2, 3 and 4 of this Canon and in Canon 861 §2.

§2 Whenever necessity requires or a genuine spiritual advantage commends it, and provided the danger of error or indifferentism is avoided, Christ’s faithful for whom it is physically or morally impossible to approach a Catholic minister, may lawfully receive the sacraments of penance, the Eucharist and anointing of the sick from non-Catholic ministers in whose Churches these sacraments are valid.

§3 Catholic ministers may lawfully administer the sacraments of penance, the Eucharist and anointing of the sick to members of the eastern Churches not in full communion with the Catholic Church, if they spontaneously ask for them and are properly disposed. The same applies to members of other Churches which the Apostolic See judges to be in the same position as the aforesaid eastern Churches so far as the sacraments are concerned.

§4    If there is a danger of death or if, in the judgment of the diocesan Bishop or of the Episcopal Conference, there is some other grave and pressing need, Catholic ministers may lawfully administer these same sacraments to other Christians not in full communion with the Catholic Church, who cannot approach a minister of their own community and who spontaneously ask for them, provided that they demonstrate the Catholic faith in respect of these sacraments and are properly disposed.

§5   In respect of the cases dealt with in §§2, 3 and 4, the diocesan Bishop or the Episcopal Conference is not to issue general norms except after consultation with the competent authority, at least at the local level, of the non-Catholic Church or community concerned. [Canon 844 certainly yells for comment¾from the brothers Grimm! Its concocters appear to recognize the superiority of traditional sacraments to the empty forms of the postconciliar “Church.”]

Canon 1031       §1. The presbyterate is not to be conferred upon those who have not yet completed the age of twenty-five and who do not possess sufficient maturity; an interval of at least six months is to be observed between the diaconate and the presbyterate; men destined for the presbyterate are to be admitted to the order of diaconate only after they have completed the age of twenty-three.

                §2. A candidate for the permanent diaconate who is not married is not to be admitted to the diaconate unless he has completed at least twenty-five years of age; if the candidate is married, he is not to be admitted to the permanent diaconate unless he has completed at least thirty-five years of age and has the consent of his wife.

                §3. The conference of bishops may determine a norm by which an older age is required for the presbyterate and the permanent diaconate.

                §4. The Apostolic See reserves to itself the dispensation from the age required in §§1 & 2 when it is a question of more than one year.

Canon 1246 …. §2 However, the Episcopal Conference may, with the prior approval of the Apostolic See, suppress certain holydays of obligation or transfer them to a Sunday.

Canon 1272 In those regions where benefices properly so called still exist, it is for the Episcopal Conference to regulate such benefices by appropriate norms, agreed with and approved by the Apostolic See. The purpose of these norms is that the income and as far as possible the capital itself of the benefice should by degrees be transferred to the fund mentioned in Canon 1274 §1.

Canon 1439 §1 If a single tribunal of first instance has been constituted for several dioceses, in accordance with the norm of Canon 1423, the Episcopal Conference must, with the approval of the Holy See, constitute a tribunal of second instance, unless the dioceses are all suffragans of the same archdiocese.

§2 Even apart from the cases mentioned in §1, the Episcopal Conference can, with the approval of the Apostolic See, constitute one or more tribunals of second instance.

[Now we’re talkin’. We need more tribunals - to try suits and petitions from the laity for recovery of church property before it must be sold to satisfy judgments against monsters like convicted priest Donald McGuire (see page two). The new “Church” might even,  let us fondly imagine,  use them to try some of these monsters, since they are never turned over to civil authority.]

The remaining fifty-seven 1983 canons which empower the Bishops’ Conferences furnish useless tasks for useless men, and constitute an extra administrative level never needed in nineteen centuries. They are needed only to distract attention from, and absorb the blame for, the antics of the antipopes.

So let’s get back to marriage.



1917 Code

Canons 1012-1016 general provisions

Canon 1012       §l. Christ the Lord elevated the very contract of marriage between baptized persons to the dignity of a sacrament.

                §2. Therefore it is impossible for a valid contract of marriage to exist without being by that very fact a sacrament.

Canon 1013       §1. The primary end of marriage is the procreation and education of children; the secondary end, mutual support and the relief of concupiscence.

                                §2. The essential properties of marriage are unity and indissolubility, which acquire a peculiar firmness in Christian marriage by reason of the sacramental character.

Canon 1014       Marriage enjoys the favor of the law; hence, in doubt, the validity of marriage is to be upheld until the contrary is proved, except as provided in canon 1127.

Canon 1015       §1. A valid marriage of baptized persons is called ratum if it is yet not completed by consummation; ratum et consummatum, if there has taken place between the parties the conjugal act to which the matrimonial contract is by nature ordained and by which husband and wife are made one flesh.

                                §2. After the celebration of marriage, if the parties have cohabited together, the consummation of the marriage is presumed until the contrary is proved.

                                §3. A marriage between unbaptized persons, validly celebrated, is called legitimum.

                                §4. An invalid marriage is called putativum if it was celebrated in good faith on the part of at least one of the parties, until both parties become certainly informed of its nullity.

Canon 1016       The marriage of baptized persons is governed not only by divine law but also by canon law, without prejudice to the competency of the civil power as regards the merely civil effects of such marriage.

Canons 1017-1034 concern preliminaries.

Canon 1017       §1. A promise of marriage, whether unilateral or bilateral which is called an engagement, is null for both the internal and external forum, unless it is made in writing signed by the parties and by either the pastor or Ordinary of the place  or at least two witnesses.

                                §2. In case both parties, or either party have never learned to write, or cannot write, it is required for validity that this fact be noted in the writing itself, and that an additional witness sign the document with the pastor or the Ordinary of the place or with the two witnesses mentioned in §1.

                                §3. From a promise of marriage, even if it be valid and there be no just cause excusing from its fulfillment, there arises no right of action to compel the celebration of the marriage; but there is a right of action for damages, if any are due.

1983 Code

Canon 1055       §1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life, is by its nature ordered toward the good of the spouses and the procreation and education of offspring; this covenant between baptized persons has been raised by Christ the Lord to the dignity of a sacrament.

                                §2. For this reason a matrimonial contract cannot validly exist between baptized persons unless it is also a sacrament by that fact.

Canon 1056       The essential properties of marriage are unity and indissolubility, which in Christian marriage obtains a special firmness in virtue of the sacrament.

Canon 1057       §1. Marriage is brought about through the consent of the parties, legitimately manifested between persons who are capable according to law of giving consent; no human power can replace this consent.

                                §2. Matrimonial consent is an act of the will by which a man and a woman, through an irrevocable covenant, mutually give and accept each other in order to establish marriage.

Canon 1058       All persons who are not prohibited by law can contract marriage.

Canon 1059       Even if only one party is baptized, 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.

Canon 1060       Marriage enjoys the favor of the law; consequently, when a doubt exists the validity of a marriage is to be upheld until the contrary is proven.

Canon 1061       §1. A valid marriage between baptized persons is called ratified only if it has not been consummated; it is called ratified and consummated if the parties have performed between themselves in a human manner the conjugal act which is per se suitable for the generation of children, to which marriage is ordered by its very nature and by which the spouses become one flesh.

                                §2. After marriage has been celebrated, if the spouses have cohabited consummation is presumed until the contrary is proven.

                                §3. An invalid marriage is called putative if it has been celebrated in good faith by at least one of the parties, until both parties become certain of its nullity.

Canon 1062       §1. A promise of marriage, be it unilateral or bilateral, called an engagement, is regulated by particular law which has been established by the conference of bishops after it has taken into consideration any existing customs and civil laws.

                                §2. A promise to marry does not give rise to an action to seek celebration of marriage; an action for reparation of damages, however, does arise if it is warranted.


 

1917 Code

Canon 1018       The pastor must not fail prudently to instruct the people regarding the sacrament of matrimony and its impediments.

Canon 1019       §1. Before a marriage is celebrated it must be certain that nothing stands in the way of its valid and licit celebration.

                                §2. In danger of death, if other proofs cannot be had, and in the absence of indications to the contrary, the sworn statement of the contracting parties that they have been baptized and are under no impediment is sufficient.

Canon 1020       §1. The pastor who has the right to assist at the marriage shall, a suitable time beforehand, carefully investigate whether there is any obstacle to the celebration of the marriage.

                                §2. He must ask the man and the woman, even separately and cautiously, whether they are under any impediment, whether they are giving their consent freely, especially the woman, and whether they are sufficiently instructed in Christian doctrine, unless in view of the quality of the persons this last question should seem unnecessary.

                                §3. It is the province of the Ordinary of the place to lay down special rules for this investigation by the pastor.

Canon 1021       §1. Unless baptism was conferred in his own territory, the pastor shall require a baptismal certificate of each party, or of the Catholic party only, if the marriage is to be contracted with a dispensation from disparity of cult.

                                §2. Catholics who have not yet received the sacrament of confirmation should receive it before being married, if they can do so without grave inconvenience.

Canon 1022       The pastor must announce publicly who are about to contract marriage.

Canon 1023       §1. The announcement of the banns must be made by the parties’ own pastor.

                                §2. If since attaining puberty a party has lived in another place for six months, the pastor should take the matter up with the Ordinary, who in his prudent discretion may either require that the banns be published there, or direct that other proofs or presumptive evidence regarding the freedom of the person to marry be gathered.

                                §3. Even in the case of a briefer period of residence, if there is any ground for suspecting that an impediment was incurred, the pastor should consult the Ordinary, who should not permit the marriage until the suspicion has been removed as provided in §2.

Canon 1024       The publications are to be made for three successive Sundays or other days of obligation, in the church, during the solemnities of the Mass or during other divine services attended by many of the people.

Canon 1025       The Ordinary of the place may, for his own territory, substitute for the publications the public posting of the names of the contracting parties at the doors of the parochial or other church for the space of at least eight days, provided, however, that two feast days of obligation are included within the period.

Canon 1026       The publications are not to be made for marriages which are contracted with a dispensation from the impediment of disparity of cult or mixed religion, unless the Ordinary of the place in his prudent discretion, in the absence of all scandal, deem it advisable to permit them, provided that the apostolic dispensation has been obtained beforehand and that the religion of the non-Catholic party be not mentioned.

Canon 1027       All the faithful are bound, if they know of any impediment, to make known the same to the pastor or Ordinary of the place before the celebration of the marriage

Canon 1028       §1. The local Ordinary can in his prudent discretion and for just cause dispense from making the publications, even in another diocese than his own.

                                §2. If there are several Ordinaries of the parties, that one in whose diocese the marriage is celebrated has the right to dispense; in case the marriage is being contracted outside the parties’ own dioceses, then any Ordinary of either party can dispense.

Canon 1029       If another pastor has conducted the investigation or the publications, he must immediately by an authentic document send information as to the result of the same to the pastor who must assist at the marriage.

Canon 1030       §1. After the investigations and publications are finished, the pastor should not assist at the marriage until he has received all the necessary documents, and, unless there is reasonable cause to the contrary, until three days have elapsed since the last publication.

                                §2. If the marriage is not contracted within six months, the publications must be repeated unless the Ordinary of the place judges otherwise.

Canon 1031       §1. If a doubt has arisen regarding the existence of some impediment:

                1˚ The pastor shall investigate the matter more thoroughly by questioning at least two trustworthy witnesses under oath, unless the impediment is one which if known would injure the good reputation of the parties, and if necessary he should also question the parties themselves in the same way;

                2˚ He shall make or finish the publications, if the doubt arose before they have been begun or before they are finished;

                3˚ If he prudently judges that the doubt still exists he must not assist at the marriage without consulting the Ordinary.

                                §2. If a certain impediment has been discovered:

                1˚ If the impediment is an occult one, the pastor shall make or finish the publications and report the matter, without mentioning the names, to the Ordinary of the place or to the Sacred Penitentiary;

                2˚ If it is a public impediment, and is discovered before the publications are begun, the pastor shall go no further until the impediment has been removed, even though he knows that a dispensation has been obtained for the forum of conscience alone; if it is discovered after the first or second publication, the pastor shall finish the publications and report the matter to the Ordinary.

                                §3. Finally, if no impediment either doubtful or certain has been discovered, the pastor shall, after having finished the publications, admit the parties to the celebration of the marriage.

Canon 1032       Except in case of necessity the pastor should never assist at the marriage of persons who are vagi as described in canon 91, unless, after referring the matter to the Ordinary of the place or to a priest delegated by him, he has obtained permission to assist.

Canon 1033       The pastor must not fail, with due regard to the condition of the persons concerned, to instruct the parties on the sanctity of the sacrament of matrimony, the mutual obligations of husband and wife, and the duties of parents toward their children; and he must earnestly exhort them to make a careful confession of their sins before the marriage, and to receive with devotion the Most Blessed Eucharist.

Canon 1034       The pastor must seriously dissuade minor sons and daughters from contracting marriage without the knowledge or against the reasonable wishes of their parents; in case they refuse to obey, he should not assist at their marriage without having first consulted the Ordinary.

 

1983 code

Canons 1063-1072        Pastoral Care & Preparation

Canon 1063       Pastors of souls are obliged to see to it that their own ecclesial community furnishes the Christian faithful assistance so that the matrimonial state is maintained in a Christian spirit and makes progress toward perfection. This assistance is especially to be furnished through:

1˚ preaching, catechesis adapted to minors, youths and adults, and even the use of the media of social communications so that through these means the Christian faithful may be instructed concerning the meaning of Chris-tian marriage and the duty of Christian spouses and parents;

                2˚ personal preparation for entering marriage so that through such preparation the parties may be predis-posed toward the holiness and duties of their new state;

                3˚ a fruitful liturgical celebration of marriage clarify-ing that the spouses signify and share in that mystery of uni-ty and of fruitful love that exists between Christ and the Church;

                4˚ assistance furnished to those already married 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 1064       It is up to the local ordinary to make provisions that such assistance is duly organized, even after consulting men and women of proven experience and skill, if it seems appropriate.

Canon 1065       §1. If they can do so without serious inconvenience, Catholics who have not yet received the sacrament of confirmation are to receive it before being admitted to marriage

                                §2. It is strongly recommended that those to be married approach the sacraments of penance and the Most Holy Eucharist so that they may fruitfully receive the sacrament of marriage.

Canon 1066       Before marriage is celebrated, it must be evident that nothing stands in the way of its valid and licit celebration.

Canon 1067       The conference of bishops is to offer norms concerning the examination of the parties, and the marriage banns and other appropriate means for carrying out the necessary inquiries which are to precede marriage. The pastor can proceed to assist at a marriage after such norms have been diligently observed.

Canon 1068       Unless contrary indications are present, in danger of death, if other means of proof cannot be obtained, it is sufficient that the parties affirm -even under oath, if the case warrants it - that they are baptized and that they are not held back by any impediment.

Canon 1069       All the faithful are obliged to reveal any impediments they are aware of to the pastor or to the local ordinary before the celebration of marriage.


Canon 1070       If someone other than the pastor who is to assist at the marriage has conducted the investigations, that person is to notify the pastor of the results as soon as possible through an authentic document.

Canon 1071       §1. Except in the case of necessity, no one is to assist at the following marriages without permission of the local ordinary:

                                1˚ the marriage of transients;

                                2˚ a marriage which cannot be recognized or celebrated in accord with the norm of civil law;

                                3˚ a marriage of a person who is bound by natural obligations toward another party or toward children, arising from a prior union;

                                4˚ a marriage of a person who has notoriously rejected the Catholic faith;

                                5˚ a marriage of a person who is bound by a censure;

                                6˚ a marriage of a minor child when the parents are unaware of it or are reasonably opposed to it;

                                7˚ a marriage to be entered by means of a proxy, mentioned in canon 1105.

                                §2. The local ordinary is not to grant permission for assisting at a marriage of a person who has notoriously rejected the Catholic faith unless the norms of canon 1125 have been observed, making any necessary adaptations.

Canon 1072       Pastors of souls are to take care to prevent youths from celebrating marriage before the age at which marriage is usually contracted in accord with the accepted practice of the region.

 

Canons 1073-1082        Diriment Impediments in General

Canon 1073       A diriment impediment renders a person incapable of contracting marriage validly.

Canon 1074       An impediment which can be proven in the external forum is considered to be a public impediment; otherwise, it is an occult impediment.

Canon 1075       §1. The supreme authority of the Church alone has the competency to declare authentically when divine law prohibits or voids a marriage.

                                §2. Only the supreme authority has the right to establish other impediments for the baptized.

Canon 1076       A custom which introduces a new impediment or which is contrary to existing impediments is reprobated.

Canon 1077       §1. In a particular case a local ordinary can prohibit the marriage of his own subjects wherever they are staying and of all persons actually present in his own territory, but only for a time, for a serious cause and as long as that cause exists.                §2. Only the supreme authority of the Church can add an invalidating clause to a prohibition.

 

1917 Code

Canons 1035-1057 concern impediments in general.

Canon 1035       All persons who are not prohibited by law can contract marriage.

Canon 1036       §1. An impedient impediment contains a grave prohibition against contracting marriage; which, however, is not rendered invalid if it is contracted notwithstanding.

                                §2. A diriment impediment both gravely prohibits the marriage and prevents it from being contracted validly

                                §3. Although an impediment exist on the part of only one party, it nevertheless renders the marriage either illicit or invalid.

Canon 1037       An impediment is considered public if it can be proved in the external forum; otherwise it is occult.

Canon 1038       §1. To declare authoritatively when the divine law forbids or