Part I: Of Sacraments

The sacraments of the New Testament, instituted by Christ the Lord and entrusted to the Church, as they are the actions of Christ and the Church, stand out as the signs and means by which the faith is expressed and strengthened, worship is rendered to God and the sanctification of humankind is effected, and they thus contribute in the highest degree to the establishment, strengthening and manifestation of ecclesial communion; therefore both the sacred ministers and the rest of the Christian faithful must employ the greatest reverence and the necessary diligence in their celebration.

Since the sacraments are the same for the universal Church and pertain to the divine deposit, it is for the supreme authority of the Church alone to approve or define those things which are required for their validity; it is for the same supreme authority of the Church or other competent authority in accord with the norm of can. 838, § § 3 and 4 to determine what pertains to their lawful celebration, administration and reception and also the order to be observed in their celebration.

§ 1.

One who has not received baptism cannot be validly admitted to the other sacraments.

§ 2.

The sacraments of baptism, confirmation, and the Most Holy Eucharist are so interrelated that they are required for full Christian initiation.

§ 1.

The sacred ministers cannot refuse the sacraments to those who ask for them at appropriate times, are properly disposed and are not prohibited by law from receiving them.

§ 2.

Pastors of souls and the rest of the Christian faithful, according to their ecclesial function, have the duty to see that those who seek the sacraments are prepared to receive them by the necessary evangelization and catechetical formation, taking into account the norms published by the competent authority.

§ 1.

Catholic ministers may licitly administer the sacraments to Catholic members of the Christian faithful only and, likewise, the latter may licitly receive the sacraments only from Catholic ministers with due regard for § § 2, 3, and 4 of this canon, and can. 861,

§ 2.

§ 2. Whenever necessity requires or genuine spiritual advantage suggests, and provided (dummodo) that the danger of error or indifferentism is avoided, it is lawful for the faithful for whom it is physically or morally impossible to approach a Catholic minister, to receive the sacraments of penance, Eucharist, and anointing of the sick from non-Catholic ministers in whose churches these sacraments are valid.

§ 3.

Catholic ministers may licitly administer the sacraments of penance, Eucharist and anointing of the sick to members of the oriental churches which do not have full communion with the Catholic Church, if they ask on their own for the sacraments and are properly disposed. This holds also for members of other churches which in the judgment of the Apostolic See are in the same condition as the oriental churches as far as these sacraments are concerned.

§ 4.

If the danger of death is present or other grave necessity, in the judgment of the diocesan bishop or the conference of bishops, Catholic ministers may licitly administer these sacraments to other Christians who do not have full communion with the Catholic Church, who cannot approach a minister of their own community and on their own ask for it, provided (dummodo) they manifest Catholic faith in these sacraments and are properly disposed.

§ 5.

For the cases in § § 2, 3, and 4, neither the diocesan bishop nor the conference of bishops is to enact general norms except (nisi) after consultation with at least the local competent authority of the interested non-Catholic Church or community.

§ 1.

The sacraments of baptism, confirmation and orders cannot be repeated since they imprint a character.

§ 2.

If, after diligent investigation, there is still a prudent doubt whether these sacraments mentioned in § 1 have been truly or validly conferred, they are to be conferred conditionally.

§ 1.

The liturgical books approved by the competent authority are to be faithfully observed in the celebration of the sacraments; therefore no one on personal authority may add, remove or change anything in them.

§ 2.

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

§ 1.

In the administration of the sacraments in which the sacred oils are to be used, the minister must use oils pressed from olives or from other plants that have been recently consecrated or blessed by the bishop, with due regard for the prescription of can. 999, § 2; he is not to use old oils unless (nisi) there is some necessity.

§ 2.

The pastor (parochus) is to obtain the sacred oils from his own bishop and keep them carefully in a fitting manner.

The minister should ask nothing for the administration of the sacraments beyond the offerings defined by the competent authority, always being careful that the needy are not deprived of the help of the sacraments because of their poverty.

Baptism, the gate to the sacraments, necessary for salvation in fact or at least in intention, by which men and women are freed from their sins, are reborn as children of God and, configured to Christ by an indelible character, are incorporated in the Church, is validly conferred only by washing with true water together with the required form of words.

Baptism should be administered in accord with the order prescribed in the approved liturgical books, except for the case of urgent necessity when only what is required for the validity of the sacrament must be observed.

It is necessary that the celebration of baptism be properly prepared. Thus:

(1) an adult who intends to receive baptism is to be admitted to the catechumenate and, to the extent possible, be led through the several stages to sacramental initiation, in accord with the order of initiation adapted by the conference of bishops and the special norms published by it;

(2) the parents of an infant who is to be baptized and likewise those who are to undertake the office of sponsor are to be properly instructed in the meaning of this sacrament and the obligations which are attached to it; personally or through others the pastor (parochus) is to see to it that the parents are properly formed by pastoral directions and by common prayer, gathering several families together and where possible visiting them.

§ 1.

What is prescribed in the canons on the baptism of an adult is applicable to all who are no longer infants but have attained the use of reason.

§ 2.

One who is not of sound mind (non sui compos) is equated with an infant so far as baptism is concerned.

Outside a case of necessity the water to be used in the conferral of baptism should be blessed in accord with the prescriptions of the liturgical books.

Baptism is to be conferred either by immersion or by pouring, the prescriptions of the conference of bishops being observed.

Parents, sponsors and the pastor (parochus) are to see that a name foreign to a Christian mentality is not given.

Although baptism may be celebrated on any day, it is recommended that ordinarily it be celebrated on a Sunday or if possible at the Easter Vigil.

§ 1.

Outside a case of necessity, the proper place for baptism is a church or oratory.

§ 2.

As a rule adults are to be baptized in their own parish church and infants in the parish church proper to their parents, unless (nisi) a just cause suggests otherwise.

§ 1.

Every parish church is to have a baptismal font, with due regard for the cumulative right already acquired by other churches.

§ 2.

The local ordinary, after hearing the pastor (parochus) of the place, may permit or order for the convenience of the faithful that there be a baptismal font in another church or oratory within the boundaries of the parish.

If due to grave inconvenience because of distance or other circumstances a person to be baptized cannot go or be taken to the parish church or to the other church or oratory mentioned in can. 858, § 2, baptism may and must be conferred in some nearer church or oratory, or even in some other fitting place.

§ 1.

Outside the case of necessity, baptism is not to be conferred in private homes, unless (nisi) the local ordinary has permitted this for a grave cause.

§ 2.

Baptism is not to be celebrated in hospitals unless (nisi) the diocesan bishop has decreed otherwise, except in case of necessity or some other compelling pastoral reason.

§ 1.

The ordinary minister of baptism is a bishop, presbyter or deacon, with due regard for the prescription of can. 530, n. 1.

§ 2.

If the ordinary minister is absent or impeded, a catechist or other person deputed for this function by the local ordinary confers baptism licitly as does any person with the right intention in case of necessity; shepherds of souls, especially the pastor (parochus), are to be concerned that the faithful be instructed in the correct manner of baptizing.

Outside the case of necessity, it is not lawful for anyone, without the required permission, to confer baptism in the territory of another, not even upon his own subjects.

The baptism of adults, at least those who have completed fourteen years of age is to be referred to the bishop so that it may be conferred by him, if he judges it expedient.

Every person not yet baptized and only such a person is able to be baptized.

§ 1.

To be baptized, it is required that an adult have manifested the will to receive baptism, be sufficiently instructed in the truths of faith and in Christian obligations and be tested in the Christian life by means of the catechumenate; the adult is also to be exhorted to have sorrow for personal sins.

§ 2.

An adult in danger of death may be baptized if, having some knowledge of the principal truths of faith, the person has in any way manifested an intention of receiving baptism and promises to observe the commandments of the Christian religion.

Unless (nisi) a grave reason prevents it, an adult who is baptized is to be confirmed immediately after baptism and participate in the celebration of the Eucharist, also receiving Communion.

§ 1.

Parents are obliged to see to it that infants are baptized within the first weeks after birth; as soon as possible after the birth or even before it parents are to go to the pastor (parochus) to request the sacrament for their child and to be prepared for it properly.

§ 2.

An infant in danger of death is to be baptized without any delay.

§ 1.

For the licit baptism of an infant it is necessary that:

(1) the parents or at least one of them or the person who lawfully takes their place gives consent;

(2) there be a founded hope that the infant will be brought up in the Catholic religion; if such a hope is altogether lacking, the baptism is to be put off according to the prescriptions of particular law and the parents are to be informed of the reason.

§ 2.

The infant of Catholic parents, in fact of non-Catholic parents also, who is in danger of death is licitly baptized even against the will of the parents.

§ 1.

If there is a doubt whether one has been baptized or whether baptism was validly conferred and the doubt remains after serious investigation, baptism is to be conferred conditionally.

§ 2.

Those baptized in a non-Catholic ecclesial community are not to be baptized conditionally unless (nisi), after an examination of the matter and the form of words used in the conferral of baptism and after a consideration of the intention of an adult baptized person and of the minister of the baptism, a serious reason for doubting the validity of the baptism is present.

§ 3.

If the conferral or the validity of the baptism in the cases mentioned in § § 1 and 2 remains doubtful, baptism is not to be conferred until (nisi) the doctrine of the sacrament of baptism is explained to the person, if an adult, and the reasons for the doubtful validity of the baptism have been explained to the adult recipient or, in the case of an infant, to the parents.

A foundling or abandoned child is to be baptized unless (nisi) upon diligent investigation proof of baptism is established.

If aborted fetuses are alive, they are to be baptized if this is possible.

Insofar as possible one to be baptized is to be given a sponsor who is to assist an adult in Christian initiation, or, together with the parents, to present an infant at the baptism, and who will help the baptized to lead a Christian life in harmony with baptism, and to fulfill faithfully the obligations connected with it.

Only one male or one female sponsor or one of each sex is to be employed.

§ 1.

To be admitted to the role of sponsor, a person must:

(1) be designated by the one to be baptized, by the parents or the one who takes their place or, in their absence, by the pastor (parochus) or minister and is to have the qualifications and intention of performing this role;

(2) have completed the sixteenth year, unless (nisi) a different age has been established by the diocesan bishop or it seems to the pastor (parochus) or minister that an exception is to be made for a just cause;

(3) be a Catholic who has been confirmed and has already received the sacrament of the Most Holy Eucharist and leads a life in harmony with the faith and the role to be undertaken;

(4) not be bound by any canonical penalty legitimately imposed or declared;

(5) not be the father or the mother of the one to be baptized.

§ 2.

A baptized person who belongs to a non-Catholic ecclesial community may not be admitted except as a witness to baptism and together with a Catholic sponsor.

One who administers baptism is to see to it that, unless (nisi) a sponsor is present, there be at least a witness by whom the conferral of baptism can be proved.

If it is not prejudicial to anyone, to prove the conferral of baptism, the declaration of a single witness who is above suspicion suffices or the oath of the baptized person, if the baptism was received at an adult age.

§ 1.

The pastor (parochus) of the place where the baptism is celebrated must carefully and without delay record in the baptismal book the names of those baptized making mention of the minister, parents, sponsors, witnesses if any and the place and date of the conferred baptism, together with an indication of the date and place of birth.

§ 2.

If it is a question of a child born of an unmarried mother, the name of the mother is to be inserted if there is public proof of her maternity or if she asks this willingly, either in writing or before two witnesses; likewise the name of the father is to be inserted if his paternity has been proved either by some public document or by his own declaration before the pastor (parochus) and two witnesses; in other cases, the name of the one baptized is recorded without any indication of the name of the father or the parents.

§ 3.

If it is a question of an adopted child, the names of the adopting parents are to be recorded, and also, at least if this is to be done in the civil records of the region, the names of the natural parents, in accord with § § 1 and 2, with due regard for the prescriptions of the conference of bishops.

If baptism was administered neither by the pastor (parochus) nor in his presence, the minister of baptism, whoever it is, must inform the pastor (parochus) of the parish in which the baptism was administered, so that he may record it in accord with can. 877, § 1.

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.

§ 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 words prescribed in the approved liturgical 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.

It is desirable that the sacrament of confirmation be celebrated in a church and during Mass, but for a just and reasonable cause it may be celebrated outside Mass and in any worthy place.

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

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;

(3) with regard to those in danger of death, the pastor (parochus) or indeed any presbyter.

§ 1.

The diocesan bishop is to administer confirmation personally or see that it is administered by another bishop, but if necessity requires he may 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.

§ 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.

§ 1.

In his own diocese the bishop legitimately administers the sacrament of confirmation even to the faithful who are not his subjects, unless (nisi) there is an express prohibition by their own proper ordinary.

§ 2.

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

A presbyter who has the faculty to administer confirmation licitly confers this sacrament even on externs in the territory designated for him, unless (nisi) 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 can. 883, n. 3.

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

§ 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 and able to renew one's baptismal promises.

The faithful are obliged to receive this sacrament at the appropriate time; their parents and shepherds of souls, especially pastors (parochus), are to see to it that the faithful are properly instructed to receive it and approach the sacrament at the appropriate time.

The sacrament of confirmation is to be conferred on the faithful at about the age of discretion unless (nisi) the conference of bishops determines another age or there is danger of death or in the judgment of the minister a grave cause urges otherwise.

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.

§ 1.

To perform the role of sponsor, it is necessary that a person fulfill the conditions mentioned in can. 874.

§ 2.

It is desirable that the one who undertook the role of sponsor at baptism be sponsor for confirmation.

The prescriptions of can. 876 are to be observed for the proof of the conferral of confirmation.

The names of the confirmed with mention of the minister, the parents and the sponsors, the place and the date of the conferral of confirmation are to be noted in the confirmation register in the diocesan curia, or, where the conference of bishops or the diocesan bishop has prescribed it, in a book kept in the parish archive; the pastor (parochus) must advise the pastor (parochus) of the place of baptism about the conferral of confirmation so that notation be made in the baptismal register, in accord with the norm of can. 535, § 2.

If the pastor (parochus) of the place were not present, the minister either personally or through another is to inform him of the confirmation as soon as possible.

The Most Holy Eucharist is the most august sacrament, in which Christ the Lord himself is contained, offered and received, and by which the Church constantly lives and grows. The Eucharistic Sacrifice, the memorial of the death and resurrection of the Lord, in which the sacrifice of the cross is perpetuated over the centuries, is the summit and the source of all Christian worship and life; it signifies and effects the unity of the people of God and achieves the building up of the Body of Christ. The other sacraments and all the ecclesiastical works of the apostolate are closely related to the Holy Eucharist are directed to it.

The faithful are to hold the Eucharist in highest honor, taking part in the celebration of the most august Sacrifice, receiving the sacrament devoutly and frequently, and worshiping it with supreme adoration; pastors, clarifying the doctrine on this sacrament, are to instruct the faithful thoroughly about this obligation.

§ 1.

The celebration of the Eucharist is the action of Christ Himself and the Church; in it Christ the Lord, by the ministry of a priest, offers Himself, substantially present under the forms of bread and wine, to God the Father and gives Himself as spiritual food to the faithful who are associated with His offering.

§ 2.

In the Eucharistic banquet the people of God are called together, with the bishop or, under his authority, a presbyter presiding and acting in the person of Christ; and all the faithful present, whether clergy or laity, participate together in their own way, according to the diversity of orders and liturgical roles.

§ 3.

The celebration of the Eucharist is to be so arranged that all who take part receive from it the many fruits for which Christ the Lord instituted the Eucharistic Sacrifice.

§ 1.

The minister, who in the person of Christ can confect the sacrament of the Eucharist, is solely a validly ordained priest.

§ 2.

A priest who is not canonically impeded celebrates the Eucharist licitly observing the prescriptions of the following canons.

A priest may apply the Mass for anyone, living or dead.

Priests may concelebrate the Eucharist unless (nisi) the welfare of the Christian faithful requires or urges otherwise but with due regard for the freedom of each priest to celebrate the Eucharist individually, though not during the time when there is a concelebration in the same church or oratory.

A priest is to be permitted to celebrate even if he is unknown to the rector of the church provided (dummodo) he presents a letter of recommendation issued by his ordinary or superior with the year or provided it can be prudently judged that the priest is not prevented from celebrating.

Remembering that the work of redemption is continually accomplished in the mystery of the Eucharistic Sacrifice, priests are to celebrate frequently; indeed daily celebration is strongly recommended, since even if the faithful cannot be present, it is the act of Christ and the Church in which priests fulfill their principal function.

§ 1.

It is not licit for a priest to celebrate the Eucharist more than once a day except for certain instances when the law permits such celebration or concelebration more than once.

§ 2.

If priests are lacking, the local ordinary may permit priests, for a just cause, to celebrate twice a day and even, if pastoral need requires it, three times on Sundays and holy days of obligation.

A priest may not celebrate without the participation of at least some member of the faithful, except (nisi) for a just a reasonable cause.

In the celebration of the Eucharist it is not licit for deacons and lay persons to say prayers, in particular the Eucharistic prayer, or to perform actions which are proper to the celebrating priest.

It is forbidden for Catholic priests to concelebrate the Eucharist with priests or ministers of churches or ecclesial communities which are not in full communion with the Catholic Church.

The priest is not to fail to make the required prayerful preparation for the celebration of the Eucharistic Sacrifice or the thanksgiving to God upon its completion.

§ 1.

The ordinary minister of Holy Communion is a bishop, a presbyter or a deacon.

§ 2.

The extraordinary minister of Holy Communion is an acolyte or other member of the Christian faithful deputed in accord with can. 230, § 3.

§ 1.

The pastor (parochus) and parochial vicars, chaplains and, for all who live in the house, the superior of the community in clerical religious institutes or societies of apostolic life have the right and the duty to bring the Most Holy Eucharist to the sick in the form of Viaticum.

§ 2.

In cases of necessity or with at least the presumed permission of the pastor, chaplain, or superior, who should later be notified, any priest or other minister of Holy Communion must do this.

Any baptized person who is not prohibited by law can and must be admitted to Holy Communion.

§ 1.

For the administration of the Most Holy Eucharist to children, it is required that they have sufficient knowledge and careful preparation so as to understand the mystery of Christ according to their capacity, and can receive the Body of the Lord with faith and devotion.

§ 2.

The Most Holy Eucharist may be given to children who are in danger of death, however, if they are able to distinguish the Body of Christ from ordinary food and to receive Communion reverently.

It is the responsibility, in the first place, of parents and those who take the place of parents as well as of the pastor (parochus) to see that children who have reached the use of reason are correctly prepared and are nourished by the divine food as early as possible, preceded by sacramental confession; it is also for the pastor (parochus) to be vigilant lest any children come to the Holy Banquet who have not reached the use of reason or whom he judges are not sufficiently disposed.

Those who are excommunicated or interdicted after the imposition or declaration of the penalty and others who obstinately persist in manifest grave sin are not to be admitted to Holy Communion.

A person who is conscious of grave sin is not to celebrate Mass or to receive the Body of the Lord without prior sacramental confession unless (nisi) a grave reason is present and there is no opportunity of confessing; in this case the person is to be mindful of the obligation to make an act of perfect contrition, including the intention of confessing as soon as possible.

A person who has received the Most Holy Eucharist may receive it again on the same day only during the celebration of the Eucharist in which the person participates, with due regard for the prescription of can. 921, § 2.

It is highly recommended that the faithful receive Holy Communion during the celebration of the Eucharist itself, but it should be administered outside Mass to those who request it for a just cause, the liturgical rites being observed.

§ 1.

One who is to receive the Most Holy Eucharist is to abstain from any food or drink, with the exception only of water and medicine, for at least the period of one hour before Holy Communion.

§ 2.

A priest who celebrates the Most Holy Eucharist two or three times on the same day may take something before the second or third celebration even if the period of one hour does not intervene.

§ 3.

Those who are advanced in age or who suffer from any infirmity, as well as those who take care of them, can receive the Most Holy Eucharist even if they have taken something during the previous hour.

§ 1.

All the faithful, after they have been initiated into the Most Holy Eucharist, are bound by the obligation of receiving Communion at least once a year.

§ 2.

This precept must be fulfilled during the Easter season unless (nisi) it is fulfilled for a just cause at some other time during the year.

§ 1.

The Christian faithful who are in danger of death, arising from any cause, are to be nourished by Holy Communion in the form of Viaticum.

§ 2.

Even if they have received Communion in the same day, those who are in danger of death are strongly urged to receive again.

§ 3.

While the danger of death lasts, it is recommended that Holy Communion be given repeatedly but on separate days.

Holy Viaticum for the sick is not to be delayed too long; those who have the care of souls are to be zealous and vigilant that they are nourished by Viaticum while they are fully conscious.

The Christian faithful may take part in the Eucharistic Sacrifice and receive Communion in any Catholic rite, with due regard for the prescription of can. 844.

§ 1.

The Most Sacred Eucharistic Sacrifice must be offered with bread and wine, with which a small quantity of water is to be mixed.

§ 2.

The bread must be made of wheat alone and recently made so that there is no danger of corruption.

§ 3.

The wine must be natural wine of the grape and not corrupt.

Holy Communion is to be given under the form of bread alone or under both kinds in accord with the norm of the liturgical laws or even under the form of wine alone in case of necessity.

In accord with the ancient tradition of the Latin Church, the priest is to use unleavened bread in the celebration of the Eucharist whenever he offers it.

It is sinful, even in extreme necessity, to consecrate one matter without the other or even both outside the celebration of the Eucharist.

The Eucharist is to be celebrated in the Latin language or in another language provided (dummodo) the liturgical texts have been legitimately approved.

In celebrating and administering the Eucharist, priests and deacons are to wear the liturgical vestments prescribed by the rubrics.

§ 1.

If a sick or aged priest is unable to stand, he may celebrate the Eucharistic Sacrifice while seated, observing the liturgical laws, but not with the people present unless (nisi) by permission of the local ordinary.

§ 2.

A blind priest or one with some other infirmity celebrates the Eucharistic Sacrifice licitly by using the text of any approved Mass, with another priest, deacon or even properly instructed lay person present to help him, if needed.

The celebration and distribution of the Eucharist may take place on any day and at any hour, except for those times excluded by the liturgical norms.

§ 1.

The celebration of the Eucharist is to be performed in a sacred place, unless (nisi) in a particular case necessity demands otherwise; in such a case the celebration must be done in a respectable place.

§ 2.

The Eucharistic Sacrifice is to be performed upon a dedicated or blessed altar; a suitable table can be used outside a sacred place, always retaining the use of a cloth and corporal.

For a just cause and with the express permission of the local ordinary it is licit for a priest to celebrate the Eucharist is a sacred edifice of another church or ecclesial community that does not have full communion with the Catholic Church, scandal being avoided.

§ 1.

The Most Holy Eucharist:

(1) must be reserved in the cathedral church or its equivalent, in every parish church and in the church or oratory attached to the house of a religious institute or society of apostolic life;

(2) it can be reserved in the chapel of a bishop and, with the permission of the local ordinary, in other churches, oratories or chapels.

§ 2.

In sacred places where the Most Holy Eucharist is reserved there must always be someone who has the care of it, and, insofar as possible, a priest is to celebrate Mass there at least twice a month.

It is not licit to keep the Most Holy Eucharist on one's person or to carry it on a journey unless (nisi) there is an urgent pastoral need and the precepts of the diocesan bishop are observed.

In the house of a religious institute or in any other pious house the Most Holy Eucharist is to be reserved only in the church or principal oratory attached to the house, but, for a just cause the ordinary can permit that it be reserved in another oratory of the same house.

Unless (nisi) a grave reason prevents it, the church in which the Most Holy Eucharist is reserved should be open to the faithful for at least some hours each day so that they are able to spend time in prayer before the Most Blessed Sacrament.

§ 1.

The Most Holy Eucharist is to be reserved regularly in only one tabernacle of a church or oratory.

§ 2.

The tabernacle in which the Most Holy Eucharist is reserved should be placed in a part of the church that is prominent, conspicuous, beautifully decorated, and suitable for prayer.

§ 3.

The tabernacle in which the Eucharist is regularly reserved is to be immovable, made of solid and opaque material, and locked so that the danger of profanation may be entirely avoided.

§ 4.

For a grave cause, it is licit to reserve the Most Holy Eucharist in another safer and becoming place especially during the night.

§ 5.

The person who has charge of the church or oratory is to see to it that the key of the tabernacle in which the Most Holy Eucharist is reserved is safeguarded most diligently.

Consecrated hosts are to be reserved in a ciborium or vessel in sufficient quantity for the needs of the faithful; they are to be frequently renewed and the old hosts properly consumed.

A special lamp to indicate and honor the presence of Christ is to burn at all times before the tabernacle in which the Most Holy Eucharist is reserved.

§ 1.

In churches or oratories where it is permitted to reserve the Most Holy Eucharist, there can be expositions either with the ciborium or with a monstrance, observing the norms prescribed in the liturgical books.

§ 2.

Exposition of the Most Holy Sacrament is not to be held in the same part of the church or oratory during the celebration of Mass.

It is recommended that in these same church and oratories an annual solemn exposition of the Most Holy Sacrament be held during a suitable period of time, even if not continuous, so that the local community may meditate and may adore the Eucharistic Mystery more profoundly; but this kind of exposition is to be held only if a suitable gathering of the faithful is foreseen and the established norms are observed.

The minister of exposition of the Most Holy Sacrament and the Eucharistic benediction is a priest or deacon; in particular circumstances the minister of exposition and reposition only, without benediction, is an acolyte, an extraordinary minister of Holy Communion or another person deputed by the local ordinary observing the prescriptions of the diocesan bishop.

§ 1.

When it can be done in the judgment of the diocesan bishop, as a public witness of the veneration toward the Most Holy Eucharist, a procession is to be conducted through the public streets, especially on the solemnity of the Body and the Blood of Christ.

§ 2.

It is for the diocesan bishop to enact regulations which concern for participation in and the dignity of the procession.

§ 1.

In accord with the approved usage of the Church, it is lawful for any priest who celebrates or concelebrates Mass to receive an offering to apply the Mass according to a definite intention.

§ 2.

It is strongly recommended that priests celebrate Mass for the intention of the Christian faithful, especially of the needy, even if no offering has been received.

The Christian faithful who make an offering so that the Mass may be applied for their intention contribute to the good of the Church and by their offering take part in the concern of the Church for the support of its ministers and works.

Any appearance of trafficking or commerce is to be entirely excluded from Mass offerings.

Separate Masses are to be applied for the intentions for which an individual offering, even if small, has been made and accepted.

One who has the obligation of celebrating Mass and applying it for the intention of those who made the offering is bound by the same obligation even if the offerings received have been lost, through not fault of his own.

If the sum of money is offered for the application of Masses without an indication of the number of Masses to be celebrated, the number is to be computed in view of the offering established in the place where the donor resides unless (nisi) the donor's intention must be lawfully presumed to have been different.

§ 1.

A priest who celebrates Mass more than once on the same day may apply the individual Mass for the intention for which the offering is made, but with the law that, except on Christmas, he may retain the offering for only one Mass, giving the other offerings to purposes prescribed by the ordinary, except for some recompense by reason of an extrinsic title.

§ 2.

A priest who concelebrates a second Mass on the same day may not take an offering for it under any title.

§ 1.

It is for the provincial council or a meeting of the bishops of the province to determine by decree for the whole province what offering is to be made for the celebration and application of a Mass and it is not licit for a priest to ask for a larger sum; nevertheless it is lawful for a priest to accept for the application of a Mass a voluntary offering that is larger or even smaller than the one determined.

§ 2.

Where there is no such decree the custom in effect in the diocese is to be observed.

§ 3.

Members of any religious institutes of any kind must also observe the decree or custom of the place mentioned in § § 1 and 2.

It is not lawful for anyone to accept more stipends for Masses to be applied by himself than he can satisfy within a year.

If in certain churches or oratories Masses are requested for celebration in larger numbers than can be celebrated there, they may be celebrated elsewhere unless (nisi) the donors have expressly indicated a contrary intention.

§ 1.

One who intends to entrust to others Masses to be applied, is to entrust to their celebration as soon as possible to priests acceptable to him, provided (dummodo) it is clear to him that they are entirely above suspicion; he must transmit the entire stipend he received unless (nisi) it is established with certainty that the excess over the appropriate amount in the diocese was given for personal reasons; he is also obliged to see to the celebration of the Masses until he has received notification that the obligation has been accepted and the stipend received.

§ 2.

The time within which the Masses are to be celebrated begins on the day on which the priest who is to celebrate them receives them unless (nisi) otherwise indicated.

§ 3.

Those who entrusted to others Masses to be celebrated are to note in a book without delay both the Masses received and those sent to others, as well as their stipends.

§ 4.

Every priest must accurately note Masses which he has accepted to celebrate and which have been satisfied.

Each and every administrator of pious causes or those obliged in any way to see to the celebration of Masses, whether clergy or laity, are to give to their ordinaries, in a manner to be determined by the latter, Mass obligations which have not been satisfied within a year.

The duty and right of seeing to it that Mass obligations are fulfilled belong to the local ordinary in the churches of secular clergy and to the superiors in the churches of religious institutes and societies of apostolic life.

§ 1.

The pastor (parochus) and rector of a church or other pious place where Mass offerings are usually received are to have a special book in which they list accurately the number of Masses to be celebrated, the intention, the stipend given and their celebration.

§ 2.

The ordinary is obliged to examine these books each year either personally or through others.

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.

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.

§ 1.

Absolution cannot be imparted in a general manner to a number of penitents at once without previous individual confession unless (nisi):

(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 the 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 of 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.

§ 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 in due time 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.

With due regard for the obligation mentioned in can. 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 (nisi) a just cause intervenes.

§ 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 grille between penitent and the faithful who wish to make use of them may do so freely.

§ 3.

Confessions are not to be heard outside the confessional without (nisi) a just cause.

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

§ 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 can. 969.

§ 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 (nisi) the diocesan bishop denies it in a particular case.

§ 2.

Those who enjoy the faculty of hearing confessions habitually whether in 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 (nisi) the local ordinary denies it in a particular case, with due regard for the prescriptions of can. 974, § § 2 and 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 cann. 968, § 2 and 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 (nisi) some major superior has denied it concerning his own subjects in a particular case.

§ 1.

In virtue of their office any local ordinary, canon penitentiary, as well as the pastor (parochus) of a parish and those who take the place of the pastor (parochus) 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 the confessions of their subjects and others staying in the religious house day and night, with due regard for the prescription of can. 630, § 4.

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

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

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

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

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

§ 1.

The local ordinary as well as the competent superior is not to revoke the faculty to hear confessions habitually except (nisi) for a serious cause.

§ 2.

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

§ 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.

Besides by revocation, the faculty referred to in can. 967, § 2, ceases by loss of office, excardination or loss of domicile.

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.

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

§ 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.

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.

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

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

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 (nisi) that person has first formally retracted the false denunciation and is prepared to repair damages, if they have occurred.

§ 1.

The sacramental seal is inviolable; therefore, it is a crime for a confessor in any way to betray a penitent by word or in any other manner or for any reason.

§ 2.

An interpreter, if there is one present, is also obliged to preserve the secret, and also all others to whom knowledge of sins from confession shall come in any way.

§ 1.

Even if every danger of revelation is excluded, a confessor is absolutely forbidden to use knowledge acquired from confession when it might harm the penitent.

§ 2.

One who is placed in authority can in no way use for external governance knowledge about sins which he has received in confession at any time.

A director of novices and his associate, the rector of a seminary or other institution of education are not to hear the sacramental confessions of their students living in the same house unless (nisi) the students in particular cases spontaneously request it.

§ 1.

All to whom the care of souls is committed by reason of an office are obliged to provide that the confessions of the faithful entrusted to their care be heard when they reasonably ask to be heard and that the opportunity be given to them to come to individual confession on days and hours set for their convenience.

§ 2.

In urgent necessity any confessor is obliged to hear the confessions of the Christian faithful, and in danger of death any priest is so obliged.

In order to receive the salvific remedy of the sacrament of penance, the Christian faithful ought to be so disposed that, having repudiated the sins committed and having a purpose of amendment, they are converted to God.

§ 1.

A member of the Christian faithful is obliged to confess in kind and in number all serious sins committed after baptism and not yet directly remitted through the keys of the Church nor acknowledged in individual confession, of which one is conscious after diligent examination of conscience.

§ 2.

It is to be recommended to the Christian faithful that venial sins also be confessed.

After having attained the age of discretion, each of the faithful is bound by an obligation faithfully to confess serious sins at least once a year.

No one is prohibited from confessing through an interpreter, avoiding abuses and scandals; the prescription of can. 983, § 2 is to be observed.

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

An indulgence is a remission before God of the temporal punishment for sin the guilt of which is already forgiven, which a properly disposed member of the Christian faithful obtains under certain and definite conditions with the help of the Church which, as the minister of redemption, dispenses and applies authoritatively the treasury of the satisfactions of Christ and the saints.

An indulgence is partial or plenary in as far as it frees from the temporal punishment due to sin either partly or totally.

The faithful can gain partial or plenary indulgences for themselves or apply them for the dead by way of suffrage.

§ 1.

Besides the supreme authority of the Church, only those can grant indulgences to whom this power has been given by the law or granted by the Roman Pontiff.

§ 2.

No authority beneath the Roman Pontiff can commit to others the power to grant indulgences unless (nisi) it was expressly given to him by the Apostolic See.

§ 1.

In order that one be capable of gaining indulgences one must be baptized and not excommunicated and in the state of grace at least at the completion of the prescribed works.

§ 2.

In order that one be a capable subject for gaining indulgences one must have at least the intention of receiving them and fulfill the enjoined works at the stated time in due fashion, according to the tenor of the grant.

In regard to the granting and use of indulgences other prescriptions contained in the particular laws of the Church must be also observed.

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.

Besides a bishop those 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.

§ 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 (nisi) a serious reason persuades him to use an instrument.

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.

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 prescriptions of the diocesan bishop.

§ 1.

Every priest, and only a priest, validly administers the anointing of the sick.

§ 2.

All priests to whom the care of souls has 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 sacrament of the anointing of the sick in case of necessity.

§ 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 again falls into a serious sickness after convalescence or whenever a more serious crisis develops during the same sickness.

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.

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

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

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.

§ 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.

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.

§ 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.

The minister of sacred ordination is a consecrated bishop.

No bishop is permitted to consecrate anyone a bishop unless (nisi) it is first evident that there is a pontifical mandate.

Unless (nisi) 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.

§ 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 proper 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.

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.

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

§ 1.

The following can grant dimissorial letters for the secular clergy:

(1) the proper bishop mentioned in can. 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 can. 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.

§ 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.

Dimissorial letters are not to be granted unless (nisi) all the testimonials and documents which are demanded by law in accord with cann. 1050 and 1051 have been obtained beforehand.

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.

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

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.

Only a baptized male validly receives sacred ordination.

§ 1.

In order for one to be ordained licitly 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 cann. 1033-1039; in addition the documents mentioned in can. 1050 have been obtained, and the investigation mentioned in can. 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.

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.

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

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.

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.

Only for a canonical reason, even if it be occult, 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 law.

§ 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 (nisi) 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 (nonnisi) 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 and 2 when it is a question of more than one year.

§ 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 by the competent major superior.

§ 3.

An aspirant to the permanent diaconate is not to be promoted to that order unless (nisi) he has completed the time of formation.

One is licitly promoted to orders only if he has received the sacrament of confirmation.

§ 1.

An aspirant to the diaconate or to the presbyterate is not to be ordained unless (nisi) he has first been inscribed as a candidate by the authority mentioned in cann. 1016 and 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.

§ 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.

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.

An unmarried candidate for the permanent diaconate and a candidate for the presbyterate is not to be admitted to the order of diaconate unless (nisi) 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.

A deacon who refuses to be promoted to the presbyterate cannot be forbidden the exercise of the order he has received unless (nisi) 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.

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.

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.

The following are irregular as regards the reception of orders:

(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.

The following are simply impeded from receiving orders:

(1) a man who has a wife, unless (nisi) 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 cann.

285 and 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 (nisi) he has been sufficiently proven in the judgment of the ordinary.

The Christian faithful are obliged to reveal impediments to sacred orders, if they know of any, to the ordinary or to the pastor (parochus) before ordination.

§ 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 can. 1041, n. 2, if the delict is public;

(3) a person who has committed a delict mentioned in can. 1041, nn. 3, 4, 5, and 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 can. 1041, n. 1, until the time when the ordinary after consultation with an expert, permits him the exercise of that order.

Ignorance of the irregularities and impediments does not exempt from them.

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.

§ 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 can. 1041, nn. 2 and 3;

(2) from the irregularity arising from the public or occult delict mentioned in can. 1041, n. 4;

(3) from the impediment mentioned in can. 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 can. 1041, n. 3, but only in public cases, and in can. 1041, n. 4, even in occult cases.

§ 4.

The ordinary can dispense from irregularities and impediments not reserved to the Holy See.

If, in more urgent occult cases access to the ordinary cannot be had or when it is a question of the irregularities mentioned in can. 1041, nn. 3 and 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 the Sacred Penitentiary through a confessor and without mentioning the name of the person who has the irregularity.

§ 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 the irregularities mention in can. 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.

For one to be promoted to sacred orders the following documents are required:

(1) certification that the studies prescribed by can. 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 can. 1035 have been received if it is a question of those to be promoted to the diaconate; also, certification that the declaration mentioned in can. 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.

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 candidate's 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.

§ 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 can. 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 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 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.

§ 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.

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 (parochus) 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 can. 535, § 2.

CODE OF

Can. LAW BOOK IV, PART ONE-B 1055-1165 (The Sacrament of Matrimony)

§ 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.

The essential properties of marriage are unity and indissolubility, which in Christian marriage obtain a special firmness in virtue of the sacrament.

§ 1.

Matrimony 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.

All persons who are not prohibited by law can contract marriage.

Even if only one party is Catholic, the marriage of Catholics is regulated not only by divine law but also by canon law, with due regard for the competence of civil authority concerning the merely civil effects of such a marriage.

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.

§ 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.

§ 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 the celebration of marriage; an action for reparation of damages, however, does arise if it is warranted.

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 Christian marriage and the duty of Christian spouses and parents;

(2) personal preparation for entering marriage so that through such preparation the parties may be predisposed toward the holiness and duties of their new state;

(3) a fruitful liturgical celebration of marriage clarifying that the spouses signify and share in that mystery of unity 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.

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.

§ 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.

Before marriage is celebrated, it must be evident that nothing stands in the way of its valid and licit celebration.

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

Unless (nisi) 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 have been baptized and that they are not held back by any impediment.

All the faithful are obliged to reveal any impediments they are aware of to the pastor (parochus) or to the local ordinary before the celebration of marriage.

If someone other than the pastor (parochus) who is to assist at the marriage has conducted the investigations, that person is to notify the pastor (parochus) of the results as soon as possible through an authentic document.

§ 1.

Except in case of necessity, no one is to assist at the following marriages without the 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 reasonable opposed to it;

(7) a marriage to be entered by means of a proxy, mentioned in can. 1105.

§ 2.

The local ordinary is not to grant permission for assisting at the marriage of a person who has notoriously rejected the Catholic faith unless (nisi) the norms of can. 1125 have been observed, making any necessary adaptations.

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.

A diriment impediment renders a person incapable of contracting marriage validly.

An impediment which can be proven in the external forum is considered to be a public impediment; otherwise, it is an occult impediment.

§ 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.

A custom which introduces a new impediment or which is contrary to existing impediments is reprobated.

§ 1.

In a particular case the 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.

§ 1.

The local ordinary can dispense his own subjects wherever they are staying as well as all persons actually present in his own territory from all the impediments of ecclesiastical law with the exception of those impediments whose dispensation is reserved to the Apostolic See.

§ 2.

A dispensation from the following impediments is reserved to the Apostolic See:

(1) the impediment arising from sacred orders or from a public perpetual vow of chastity in a religious institute of pontifical right;

(2) the impediment of crime mentioned in can. 1090.

§ 3.

A dispensation is never given from the impediment of consanguinity in the direct line or in the second degree of the collateral line.

§ 1.

In urgent danger of death, the local ordinary can dispense his own subjects wherever they are staying as well as all persons who are actually present in his territory both from the form prescribed for the celebration of matrimony and from each and every impediment of ecclesiastical law, whether it be public or occult, except the impediment arising from sacred order of the presbyterate.

§ 2.

In the same situation mentioned in § 1 and only for cases in which the local ordinary cannot be reached, the pastor (parochus), the properly delegated sacred minister and the priest or deacon who assists at matrimony in accord with the norm of can. 1116, § 2, also possess the faculty to dispense from the same impediments.

§ 3.

In danger of death a confessor enjoys the faculty to dispense from occult impediments for the internal forum, whether within or outside the act of sacramental confession.

§ 4.

In the case mentioned in § 2, the local ordinary is not considered to be accessible if he can be contacted only by means of telegraph or telephone.

§ 1.

Whenever an impediment is discovered after all the wedding preparations are made and the marriage cannot be deferred without probable danger of serious harm until a dispensation can be obtained from competent authority, the following persons enjoy the faculty to dispense from all the impediments with the exception of the ones mentioned in can. 1078, § 2, n. 1: the local ordinary and, as long as the case is an occult one, all persons mentioned in can. 1079, § § 2 and 3, observing the conditions prescribed in that canon.

§ 2.

This power is also operative for the convalidation of a marriage if the same danger exists in delay and there is insufficient time to have recourse to the Apostolic See, or to the local ordinary concerning impediments from which he is able to dispense.

The pastor (parochus) or the priest or deacon mentioned in can. 1079, § 2, is immediately to inform the local ordinary of a dispensation granted for the external forum; it is also to be recorded in the marriage register.

Unless (nisi) a rescript from the Penitentiary states otherwise, a dispensation from an occult impediment granted in the internal non- sacramental forum is to be recorded in a book which is to be kept in the secret archive of the curia; if the occult impediment becomes public later on, no other dispensation is necessary for the external forum.

§ 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.

§ 1.

Antecedent and perpetual impotence to have intercourse, whether on the part of the man or of the woman, which is either absolute or relative, of its very nature invalidates marriage.

§ 2.

If the impediment of impotence is doubtful, either by reason of a doubt of law or a doubt of fact, a marriage is neither to be impeded nor is it to be declared null as long as the doubt exists.

§ 3.

Sterility neither prohibits nor invalidates marriage, with due regard for the prescription of can. 1098.

§ 1.

A person who is held to the bond of a prior marriage, even if it has not been consummated, invalidly attempts marriage.

§ 2.

Even if the prior marriage is invalid or dissolved for any reason whatsoever, it is not on that account permitted to contract another before the nullity or the dissolution of the prior marriage has been legitimately and certainly established.

§ 1.

Marriage between two persons, one of whom is baptized in the Catholic Church or has been received into it and has not left it by means of a formal act, and the other of whom is non-baptized, is invalid.

§ 2.

This impediment is not to be dispensed unless (nisi) the conditions mentioned in cann. 1125 and 1126 are fulfilled.

§ 3.

If at the time the marriage was contracted one party was commonly considered to be baptized or the person's baptism was doubted, the validity of the marriage is to be presumed in accord with the norm of can. 1060 until it is proven with certainty that one party was baptized and the other was not.

Persons who are in (major) holy orders invalidly attempt marriage.

Persons who are bound by a public perpetual vow of chastity in a religious institute invalidly attempt marriage.

No marriage can exist between a man and a woman abducted or at least detained for the purpose of contracting marriage with her, unless (nisi) the woman of her own accord chooses marriage after she has been separated from her abductor and established in a place where she is safe and free.

§ 1.

A person who for the purpose of entering marriage with a certain person has brought about the death of that person's spouse or one's own spouse, invalidly attempted such a marriage.

§ 2.

They also invalidly attempt marriage between themselves who have brought about the death of the spouse of one of them through mutual physical or moral cooperation.

§ 1.

In the direct line of consanguinity, marriage is invalid between all ancestors and descendants, whether they be related legitimately or naturally.

§ 2.

In the collateral line of consanguinity, marriage is invalid up to and including the fourth degree.

§ 3.

The impediment of consanguinity is not multiplied.

§ 4.

If there exists any doubt whether the parties are related through consanguinity in any degree of the direct line or in the second degree of the collateral line, marriage is never permitted.

Affinity in the direct line in any degree whatsoever invalidates matrimony.

The impediment of public propriety arises from an invalid marriage after common life has been established or from notorious and public concubinage; it invalidates marriage in the first degree of the direct line between the man and the blood relatives of the woman, and vice- versa.

They cannot validly contract marriage between themselves who are related in the direct line or in the second degree of the collateral line through a legal relationship arising from adoption.

They are incapable of contracting marriage:

(1) who lack the sufficient use of reason;

(2) who suffer from grave lack of discretion of judgment concerning essential matrimonial rights and duties which are to be mutually given and accepted;

(3) who are not capable of assuming the essential obligations of matrimony due to causes of a psychic nature.

§ 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.

§ 2.

Such ignorance is not presumed after puberty.

§ 1.

Error concerning the person renders marriage invalid.

§ 2.

Error concerning a quality of a person, even if such error is the cause of the contract, does not invalidate matrimony unless (nisi) this quality was directly and principally intended.

A person contracts invalidly who enters marriage deceived by fraud, perpetrated to obtain consent, concerning some quality of the other party which of its very nature can seriously disturb the partnership of conjugal life.

Error concerning the unity, indissolubility or sacramental dignity of matrimony does not vitiate matrimonial consent so long as it does not determine the will.

The knowledge or opinion of the nullity of a marriage does not necessarily exclude matrimonial consent.

§ 1.

The internal consent of the mind is presumed to be in agreement with the words or signs employed in celebrating matrimony.

§ 2.

But if either or both parties through a positive act of the will should exclude marriage itself, some essential element or an essential property of marriage, it is invalidly contracted.

§ 1.

Marriage based on a condition concerning the future cannot be contracted validly.

§ 2.

Marriage based on a condition concerning the past or the present 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.

A marriage is invalid if it is entered into due to force or grave fear inflicted from outside the person, even when inflicted unintentionally, which is of such a type that the person is compelled to choose matrimony in order to be free from it.

§ 1.

In order for marriage to be contracted validly, it is necessary that the contracting parties be present together, either in person or by proxy.

§ 2.

Those to be married are to express their matrimonial consent in words; however, if they cannot speak, they are to express it by equivalent signs.

§ 1.

In order for marriage to be entered validly by proxy, it is required that:

(1) there be a special mandate to contract marriage with a certain person;

(2) the proxy be appointed by the person who gave the mandate and that the proxy fulfill this function in person.

§ 2.

To be valid a mandate must be signed by the person who gave it as well as by the pastor (parochus) or the local ordinary where the mandate was issued, or by a priest delegated by either of these, or at least by two witnesses, or it must be arranged by means of a document which is authentic according to civil law.

§ 3.

If the person giving the mandate cannot write, this is to be noted in the mandate itself and another witness is to be added who also must sign the document; otherwise, the mandate is invalid.

§ 4.

If the person who gave the mandate revokes it or becomes insane before the proxy has contracted the marriage in that person's name, the marriage is invalid even though either the proxy or the other contracting party was unaware of these development.

Marriage can be contracted through an interpreter; however, the pastor (parochus) is not to assist as such a marriage unless (nisi) he is convinced of the interpreter's trustworthiness.

Even if a marriage was entered invalidly by reason of an impediment or defect of form, the consent which was furnished is presumed to continue until its revocation has been proved.

§ 1.

Only those marriages are valid which are contracted in the presence of the local ordinary or the pastor (parochus) or a priest or deacon delegated by either of them, who assist, and in the presence of two witnesses, according to the rules expressed in the following canons, with due regard for the exceptions mentioned in cann. 144, 1112, § 1, 1116 and 1127, § § 2 and 3.

§ 2.

The one assisting at a marriage is understood to be only that person who, present at the ceremony, asks for the contractants' manifestation of consent and receives it in the name of the Church.

Unless (nisi) through a sentence or decree they have been excommunicated, interdicted or suspended from office or declared such, in virtue of their office the local ordinary and the pastor (parochus) validly assist within the confines of their territory at the marriages of their subjects as well as of non-subjects provided (dummodo) one of the contractants is of the Latin rite.

In virtue of their office and within the limits of their jurisdiction an ordinary and a personal pastor (parochus) validly assist only at marriages involving at least one of their subjects.

§ 1.

As long as they validly hold office, the local ordinary and the pastor (parochus) can delegate to priests and deacons the faculty, even a general one, to assist at marriages within the limits of their territory.

§ 2.

To be valid the delegation of the faculty to assist at marriages must be given expressly to specified persons; if it is a question of a special delegation, it is to be granted for a specific marriage; however, if it is a question of a general delegation, it is to be granted in writing.

§ 1.

With the prior favorable opinion of the conference of bishops and after the 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 instructions to those to be wed and qualified to perform the marriage liturgy correctly.

Before special delegation is granted, all the legal requirements for establishing freedom to marry are to have been fulfilled.

The person who assists at the celebration of a marriage acts illicitly unless (nisi) the freedom of the contracting parties has been established in accord with the norm of law and the permission of the pastor (parochus) has been obtained, if possible, when one is functioning in virtue of general delegation.

Marriages are to be celebrated in the parish where either of the contractants has a domicile, quasi-domicile or month-long residence; the marriages of transients are to be celebrated in the parish where they actually reside; marriages can be celebrated elsewhere with the permission of the proper ordinary or pastor (parochus).

§ 1.

If the presence of or access to a 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 is readily available, he must be called upon and must be present at the celebration of the marriage, along with the witnesses.

With due regard for the prescriptions of can. 1127, § 2, the form stated above is to be observed whenever at least one of the contractants was baptized in the Catholic Church or was received into it and has not left it by a formal act.

§ 1.

Marriage between Catholics or between a Catholic and a baptized non- Catholic party is to be celebrated in a parish church; with the permission of the local ordinary or the pastor (parochus), 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 party and a non-baptized party can be celebrated in a church or in some other suitable place.

Outside of a case of necessity, the rites prescribed in the liturgical books approved by the Church or received through legitimate customs are to be observed in the celebration of marriage.

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.

§ 1.

After a marriage has been celebrated, the pastor (parochus) of the place of celebration of 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.

§ 2.

Whenever a marriage is contracted in accord with can. 1116, if a priest or deacon was present at the celebration he is bound to inform the pastor (parochus) or the local ordinary concerning the marriage entered as soon as possible; otherwise, the witnesses jointly with the contractants are bound to do so.

§ 3.

If the marriage has been contracted with a dispensation from canonical form, the local ordinary who granted the dispensation is to see that the dispensation and the celebration are inscribed in the marriage register at the curia and at the parish of the Catholic party whose pastor (parochus) made the investigation concerning their free state; the Catholic spouse is bound to inform the same ordinary and pastor (parochus) as soon as possible of the celebration of the marriage, the place of celebration and the public form that was observed.

§ 1.

The contracted marriage is also to be noted in the baptismal register in which the baptism of the spouses has been inscribed.

§ 2.

If the marriage was contracted in a parish where a spouse was not baptized, the pastor (parochus) of the place where it was celebrated is to send a notice of the contracted marriage as soon as possible to the pastor (parochus) where the baptism was conferred.

Whenever a marriage is convalidated in the external forum, is declared null or is legitimately dissolved other than by death, the pastor (parochus) of the place where it was celebrated must be informed so that a notation may be duly made in the marriage and baptismal registers.

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 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.

The local ordinary can grant this permission if there is a just and reasonable cause; he is not to grant it unless (nisi) 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.

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.

§ 1.

The prescriptions of can. 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.

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.

The prescriptions of cann. 1127 and 1128 are also to be applied to marriages involving the impediment of disparity of cult mentioned in can. 1086, § 1.

For a serious and urgent reason the local ordinary can permit a marriage to be celebrated secretly.

The permission to celebrate a marriage secretly also includes:

(1) permission that the pre-matrimonial investigation be made secretly;

(2) the obligation that secrecy concerning the marriage be observed by the local ordinary, the assisting minister, the witnesses and the spouses.

The obligation to observe secrecy mentioned in can. 1131, n. 2, ceases on the part of the local ordinary if serious scandal or serious harm to the sanctity of marriage is threatened by observing the secret and this is to be made known to the parties before the celebration of the marriage.

A marriage celebrated secretly is to be noted only in the special register which is to be kept in the secret archive of the curia.

From a valid marriage arises a bond between the spouses which by its very nature is perpetual and exclusive; furthermore, in a Christian marriage the spouses are strengthened and, as it were, consecrated for the duties and the dignity of their state by a special sacrament.

Each of the spouses has equal obligations and rights to those things which pertain to the partnership of conjugal life.

Parents have the most serious duty and the primary right to do all in their power to see to the physical, social, cultural, moral and religious upbringing of their children.

Children conceived or born of a valid or putative marriage are legitimate.

§ 1.

The father is he whom a lawful marriage indicates unless (nisi) evident arguments prove otherwise.

§ 2.

Children are presumed to be legitimate if they are born at least 180 days after the celebration of the marriage or within 300 days from the date when conjugal life was terminated.

Illegitimate children are rendered legitimate through the subsequent valid or putative marriage of their parents, or through a rescript of the Holy See.

Insofar as canonical effects are concerned, legitimized children are equivalent in everything to legitimate children unless (nisi) the law expressly states otherwise.

A ratified and consummated marriage cannot be dissolved by any human power or for any reason other than death.

A non-consummated marriage between baptized persons or between a baptized party and non-baptized party can be dissolved by the Roman Pontiff for a just cause, at the request of both parties or of one of the parties, even if the other party is unwilling.

§ 1.

A marriage entered by two non-baptized persons is dissolved by means of the pauline privilege in favor of the faith of a party who has received baptism by the very fact that a new marriage is contracted by the party who has been baptized, provided (dummodo) the non-baptized party departs.

§ 2.

The non-baptized party is considered to have departed if he or she does not wish to cohabit with the baptized party or does not wish to cohabit in peace without insult to the Creator unless (nisi), after receiving baptism, the baptized party gave the other party a just cause for departure.

§ 1.

In order for the baptized party to contract a new marriage validly, the non-baptized party must always be interrogated on the following points:

(1) whether he or she also wishes to receive baptism;

(2) whether he or she at least wishes to cohabit in peace with the baptized party without insult to the Creator.

§ 2.

This interrogation must take place after baptism; for a serious reason, however, the local ordinary can permit this interrogation to take place before the baptism, or even dispense from this interrogation either before or after the baptism, provided (dummodo) it is evident in light of at least a summary and extrajudicial process that it cannot take place or that it would be useless.

§ 1.

As a rule, the interrogation is to take place on the authority of the local ordinary of the converted party; if the other spouse asks for a period of time during which to answer, the same ordinary is to grant it while warning the party that after this period has elapsed without any answer, the person's silence will be considered to be a negative answer.

§ 2.

An interrogation carried out privately by the converted party is also valid and is indeed licit if the form prescribed above cannot be observed.

§ 3.

In either case the fact that the interrogation took place and its outcome must legitimately be evident in the external forum.

The baptized party has the right to contract a new marriage with a Catholic party:

(1) if the other party answered negatively to the interrogation or if the interrogation has been legitimately omitted;

(2) if the non-baptized party, interrogated or not, at first peacefully cohabited without insult to the Creator but afterwards departed without a just cause, with due regard for the prescriptions of cann. 1144 and 1145.

For a serious cause the local ordinary can permit the baptized party who employs the pauline privilege to contract marriage with a non- Catholic party, whether baptized or not, while observing the prescriptions of the canons of mixed marriages.

§ 1.

After he has received baptism in the Catholic Church, a previously non-baptized man who simultaneously has several non- baptized wives can keep one of them as his wife while dismissing the others if it is difficult for him to remain with the first. The same is true for a non-baptized woman who simultaneously has several non- baptized husbands.

§ 2.

In the situations mentioned in § 1, marriage is to be contracted according to the legitimate form after the reception of baptism, while observing the prescriptions on mixed marriages if necessary, as well as the other requirements of law.

§ 3.

After considering the moral, social and economic situation of the area and of the persons, the local ordinary is to take care that sufficient provision is made in accord with the norms of justice, Christian charity and natural equity for the needs of the first wife and of the other wives who are dismissed.

A non-baptized person who, once having received baptism in the Catholic Church, cannot restore cohabitation with a non-baptized spouse due to captivity or persecution can contract another marriage even if the other party received baptism in the meantime, with due regard for the prescription of can. 1141.

In a doubtful matter the privilege of the faith enjoys the favor of the law.

Spouses have the duty and the right to preserve conjugal living unless (nisi) a legitimate cause excuses them.

§ 1.

Although it is earnestly recommended that a spouse, moved by Christian charity and a concern for the good of the family, not refuse pardon to an adulterous partner and not break up conjugal life, nevertheless, if the spouse has not expressly or tacitly condoned the misdeed of the other spouse, the former does have the right to sever conjugal living, unless (nisi) he or she consented to the adultery, gave cause for it, or likewise committed adultery.

§ 2.

Tacit condonation exists if the innocent spouse, after having become aware of the adultery, continued voluntarily to live with the other spouse in marital affection. Tacit condonation is presumed if the innocent spouse continued conjugal living for a period of six months and has not had recourse to ecclesiastical or civil authority.

§ 3.

If the innocent spouse spontaneously severed conjugal living, that spouse within six months is to bring a suit for separation before the competent ecclesiastical authority; this authority, after having investigated all the circumstances, is to decide whether the innocent spouse can be induced to forgive the misdeed and not to prolong the separation permanently.

§ 1.

If either of the spouses causes serious danger of spirit or body to the other spouse or to the children, or otherwise renders common life too hard, that spouse gives the other a legitimate cause for separating in virtue of a decree of the local ordinary, or even on his or her own authority if there is danger in delay.

§ 2.

In all cases, when the reason for the separation ceases to exist, conjugal living is to be restored unless (nisi) ecclesiastical authority decides otherwise.

After the separation of the spouses, suitable provision is to be made for the adequate support and education of the children.

The innocent spouse can laudably readmit the other spouse to conjugal life, in which case the former renounces the right to separate.

§ 1.

To convalidate a marriage which is invalid due to a diriment impediment, it is required that the impediment cease or that it be dispensed and that at least the party who is aware of the impediment renew consent.

§ 2.

This renewal of consent is required by ecclesiastical law for the validity of the convalidation even if both parties furnished consent at the beginning and have not revoked it later.

The renewal of consent must be a new act of the will concerning a marriage which the person who is renewing consent knows or thinks was null from the beginning.

§ 1.

If the impediment is a public one, the consent is to be renewed by both parties according to the canonical form, with due regard for the prescription of can. 1127,

§ 2.

§ 2. If the impediment cannot be proven to exist, it is sufficient that the consent be renewed privately and in secret by the party who is aware of the impediment, provided (dummodo) the other party perseveres in the consent already given, or by both parties when each of them knows about the impediment.

§ 1.

A marriage which is invalid due to a defect of consent is convalidated when the party who had not consented now gives consent, provided (dummodo) the consent given by the other party still exists.

§ 2.

If the defect of consent cannot be proven it is sufficient that the party who did not consent gives consent privately and in secret.

§ 3.

If the defect of consent can be proven it is necessary that the consent be given according to the canonical form.

With due regard for the prescription of can. 1127, § 2, marriage which is invalid due to a defect of form must be contracted anew according to canonical form in order to become valid.

§ 1.

The radical sanation of an invalid marriage is its convalidation without the renewal of consent, granted by competent authority and including a dispensation from an impediment, if there was one, and from the canonical form, if it was not observed, and the retroactivity into the past of canonical effects.

§ 2.

The convalidation occurs at the moment the favor is granted; it is understood to be retroactive, however, to the moment the marriage was celebrated unless (nisi) something else is expressly stated.

§ 3.

A radical sanation is not to be granted unless (nisi) it is probably that the parties intend to persevere in conjugal life.

§ 1.

A marriage cannot be radically sanated if consent is lacking in either or both of the parties, whether the consent was lacking from the beginning or was given in the beginning but afterwards revoked.

§ 2.

If, however, consent was indeed lacking in the beginning but afterwards was given, a sanation can be granted from the moment the consent was given.

§ 1.

A marriage which is invalid due to an impediment or due to defect of legitimate form can be sanated provided (dummodo) the consent of each party continues to exist.

§ 2.

A marriage which is invalid due to an impediment of the natural law or of divine positive law can be sanated only after the impediment has ceased to exist.

A sanation can be granted validly even when one or both of the parties are unaware of it, but it is not to be granted except (nisi) for serious reason.

§ 1.

Radical sanation can be granted by the Apostolic See.

§ 2.

In individual cases radical sanation can be granted by the diocesan bishop, even if several reasons for nullity exist in the same marriage, provided the conditions mentioned in can. 1125 concerning the sanation of a mixed marriage are fulfilled. The diocesan bishop cannot grant radical sanation, however, if there is present an impediment who dispensation is reserved to the Apostolic See in accord with can. 1078, § 2, or if it is a question of an impediment of the natural law or of the divine positive law which has ceased to exist.