CONSTITUTIONS AND CANONS
WEXFORD JURISDICTION


THE CONSTITUTIONS AND CANONS
OF
THE OLD ROMAN CATHOLIC CHURCH
IN NORTH AMERICA
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ARTICLE I

Section 1.

The name of this Communion is, in law and fact the Old Roman Catholic Church in North America, and shall be thusly chartered and incorporated in each Province, State or Country where her activities are carried on.

Section 2.

This Communion shall consist of all provinces, dioceses, and parishes, that shall subscribe to the fundamental principles of the Old Roman Catholic faith as held from the First by the Ancient Church of Utrecht.

Section 3.

The General Objects of this Communion shall be as follows and each charter and incorporation shall consist of the same General Objects.

a) To promote the Christian religion according to the Old Roman Catholic tradition. Adhering to the principles of Old Roman Catholicism as given to us throuqh the aqes and carried on by the Old Roman Catholic See of Utrecht, the Netherlands, after the separation from the See of Rome in 1870; and as set forth in the Declaration of Utrecht of 1889.

b) To build church buildings and maintain the same; (i) for the establishment of a Seminary for the study of religion; (ii) for the establishment and maintenance of religious communities; (iii) for the establishment of drop-in centres; and (iv) for the establishment and maintenance of houses of public worship.

c) To establish and maintain homes for the aged and the poor.

d) To establish and maintain institutions for all types of rehabilitation.

e) To establish and maintain charitable institutions.

f) To establish and maintain schools of learning for all age levels.

g) To publish and distribute religious literature.

h) Subject to the Mortmain and Charitable Uses Act and the Charitable Gifts Act, to collect and receive alms, gifts, donations and bequests for the support of charities and church institutions.

Section 4.

The Canon Law herein set forth shall govern this Communion in all matters of policy, worship, and faith, except where other local provisions have been authorized and promulgated.

Section 5.

It is provided that the Canons of the Un-divided Church remain forever unforced within this Church. Where no provision has been made in this Code of Canons on any given matter, those Canons are to be observed and obeyed as providing for such matters.

Section 6.

The supreme spiritual and legislative authority of this Communion is vested in the General Synod and Synod of Bishops, and that authority shall be excrci3ed over head and members alike.

Section 7.

The Spiritual and Temporal head of this Church is, and shall forever be, the Most Reverend Archbishop-Primate, the Primate of the Old Roman Catholic Church in North America.

Section 8.

The General Synod shall consist of the Synod of Bishops, the Clergy of this Communion, and one elected member of the laity from each parish or mission of this Communion.

Section 9.

The General Synod of this Communion shall convene every two years during the month of July. The exact dates to be announced by the Archbishop-Primate six months in advance.

Section 10.

The Synod of Bishops shall convene during the two days prior to the General Synod.

Section 11.

All decisions by the General Synod and the Synod of Bishops shall be binding upon both the Clergy and the Laity of this Communion.

Section 12.

The Archbishop-Primate shall submit all his actions to the General Synod for review, consent, and ratification, nor may he in any instance consecrate Bishops without first obtaining the consent of the Synod of Bishops of this Church.

Section 13.

For the purpose of this Code of Canons, the faithful of the Old Roman Catholic Church in North America, and the Old Roman Catholic Church in North America, are referred to as "faithful", "Catholics", "Catholic". There is no reference by these terms to any other Catholic body or the faithful of any Catholic body; reference is to the Old Roman Catholic Church in North America only.

ARTICLE II

Section 1.

The election of an Archbishop-Primate, should that office become vacant, shall be from the Synod of Bishops and confirmed by the General Synod.

Section 2.

The Archbishop-Primate shall appoint a Vicar Apostolic, who shall assist the Archbishop-Primate in the exercise of his duties, and shall with the Archbishop - Primate be responsible to the General Synod of this Communion. The Vicar Apostolic shall be the assistant of the Archbishop-Primate in all matters ecclesiastical.

Section 3.

The Vicar Apostolic may not in any wise interfere with local diocesan affairs of any see, which has it own local episcopal authority resident within the Jurisdiction assigned by the Communion to a Bishop. But it is provided that the Vicar Apostolic may cause an investigation to be made into diocesan affairs, where there is evidence of serious disorders which affect the welfare spiritual and temporal of the Communion as a whole.

Section 4.

The Vicar Apostolic shall call a General Synod for the purpose of electing an Archbishop - Primate should that office become vacant.

Section 5.

There shall not be a perpetual coadjutor to the Archbishop-Primate of this Communion. In the event that the Primatial Office shall become vacant Section 1 of this Article is to be enforced.

Section 6.

When any given region of the Communion has fifty canonical erected parishes, it may be created a Diocesan jurisdiction and an Ordinary granted to that jurisdiction by the General Synod of the Communion.

Section 7.

The election of all Bishops shall rest with the Archbishop-Primate and must be confirmed by the Synod of Bishops.

Section 8.

The Mother See of this Communion shall be the Primatial See of Wexford and shall consist of that part of Metropolitan Toronto bounded on the west by Yonge Street, on the north by Steeles Avenue, on the south by Lake Ontario, and on the east by the boundaries of the Metropolitan area.

Section 9.

The Archbishop-Primate shall be the Archbishop-Metropolitan of the Primatial See of Wexford and he shall appoint from among the Bishops, Priests and Laity, such qualified persons to form the Primatial Chapter and Curia of the Church in North America.

Section 10.

Diocesan Bishops, shall be the ecclesiastical authority within their own sees, and appeals from them may be made to the Archbishop-Primate if he receives written permission of the Bishop whose acts are being appealed The final Court ot Appeal is the General Synod of this Communion.

Section 11.

In the event of a vacancy within the Episcopal Order, the Synod shall certify the same to the Archbishop-Primate, who shall then issue his mandate for the Synod to elect one of the celibate Priests to fill such vacancy. It is provided that all such elections shall be confirmed by the Most Reverend Archbishop-Primate before Episcopal consecration may be given.

Section 12.

Those Bishops received in the Communion of this Church, who shall have obtained episcopal consecration in some other communion, shall first be tried, examined, and proved concerning their qualifications before being admitted to the exercise of such episcopal statue in this Church. But where there is a serious doubt as to as to the validity of the orders of such applicants, they shall be ordained and consecrated sub-conditione, Ir they are to be admitted to the exercise of the Episcopate.

ARTICLE III

Section 1.

Candidates for the Sacred Priesthood must be twenty-four years of age and shall have completed their theological preparation in a recognized seminary of this Communion, or under the supervision of such priests qualified to prepare such students, under the direction of their own Bishop or the Primatial Office.

Section 2.

The same Canon applies as stated in Article 11, Section 4. upon reception of Priests ordained outside of the obedience of this Communion.

Section 3.

All candidates for the Priesthood, shall be required to give in writing, before the reception of Holy Orders, that they will exercise their ministry within the obedience of this Communion, and under the Iurisdiction of their Ordinary. Violation of this will result in canonical action.

Section 4.

Priests in good standing within the Communion shall receive from their own Ordinary their celebret, which should be given tor a stated ecclesiastical year.

Section 5.

Priests shall exercise their ministry only in the place where they are assigned to, and may not discharge any sacramental actions outside of their own cure, without the permission of their Ordinary.

Section 6.

Priests who hold status of pastors of churches within this Communion shall have the parish and all property vested in the name of the Communion and of the local Ordinary and diocesan officials, and have authority to transfer same. The Archbishop-Primate, the Ordinary, and the Chancellor of the Church shall form the board of incorporations of all Diocesan Jurisdictions. All Parishes and Missions received into this Church shall likewise be incorporated within the provisions of this Canon.

Section 7.

Priest may be excardinated from one Jurisdiction to another with the permission of their Ordinary, and that of the Ordinary of the jurisdiction they seek to enter.

ARTICLE IV

Section 1.

Those in Orders of Deacon shall, until such time as they be ordained Priests, be assigned by their Bishops to serve as curates or vicars of missions. But it is provided that no cleric may be ordained deacon, until he has completed two years of theological preparation or studied with a qualified priest, and has attained the full age ot twenty-three years.

Section 2.

It is provided that the Order of Perpetual Deacon may be restored within this Church. Only those candidates who are non-celibates may be ordained to this Order, and those so ordained not to be promoted to a higher Office or Order.

Section 3.

Candidates for Minor Orders, shall first be examined as to mental and educational fitness for the clerical state, and then only admitted after they have promised to follow all the canonical requirements for Holy Orders.

Section 4.

This Communion does not tolerate the practice of any of its clergy attempting to form or contract marriages after the reception of Holy Orders, and this Communion holds that Orders, under such conditions, are an impediment to marriage.

Section 5.

Priests, non-celibates, coming to this Church, mist prove that their marriages were contracted before the reception of Orders; and in those instances where it is established, that marriage followed the reception of Orders, such will not be admitted to the exercise of the Priesthood in this Communion.

Section 6.

Priests whose canonical marriage has been dissolved through civil action, may not contract another marriage. This canon applies to all Clergy regardless of order and status.

Section 7.

There shall be a period of not less than three months from the reception of the lonsure to the reception of the Minor Orders. Further, there shall be a period of not less than six months from the reception of Minor Orders to the Subdeacon. And there shall be a period of not less than one year from the reception of Subdeacon to the Deacon and one year from the Deacon to the Priesthood.

Section 8.

It Is provided that in certain cases the Archbishop-Primate may dispense with Section 7 of this Article and allow ordination to be given to a suitable candidate.

ARTICLE V

Section 1.

This Church recognizes the Religious State, and decrees that Religious Orders shall exist within the fellowship of the Communion, with the approval of the Bishop of the Diocese, if they are wise and self-supporting.

Section 2.

The Religious shall at all times be under the direct jurisdiction of the Archbishop- Primate, and the immediate jurisdiction of their own Superiors.

Section 3.

Religious superiors shall ensure that their subjects when designated by thorn willingly undertake, without prejudice to religious discipline, labours of the sacred ministry, especially in the diocese in which they reside, as often as their services are needed by local Ordinaries and pastors, even outside their own churches or oratories. In turn, local Ordinaries and pastors shall willingly call upon the services of religious, especially those residing in their diocese, for the work of the sacred ministry, especially for the hearing of confessions.

Section 4.

In the exercise of the sacred ministry, religious, even regulars, are in many things subject to the jurisdiction the Archbishop-Primate and are bound to observe the regulations published by him.

Section 5.

Local Ordinaries have the right to preach in any church in their territory, even an exempt one.

Section 6.

Priests of another diocese, whether secular or religious, shall not be invited to preach unless the permission of the Ordinary of the place in which the sermon is to be given has been previously obtained; the latter is not to grant permission unless he is either already certain of their qualifications, or has received from the preacher's own Ordinary testimonials asserting the preacher's learning, piety and Integrity. However, according to the common opinion, the pastor may permit a priest who is known to him to preach once or twice without obtaining faculties from the Ordinary. Thus, for example, a priest who has no faculties to preach may be permitted to deliver a Lenten sermon or a sermon at Forty Hours' Devotion.

Section 7.

By means of the homily at Mass, the mysteries of faith and the guiding principles of the Christian life are expounded from the sacred text, during the course of the liturgical year. The homily, therefore, is to be highly esteemed as a part of the liturgy itself; in fact, at those masses which are celebrated with the people present on Sundays and Holy Days of obligation, it is not to be omitted except for a serious reason. No exception may be made for conventual, sung or pontifical Masses.

Section 8.

Ordinaries shall see to it that at least once every ten years pastors provide a sacred mission, as it is called, for the flock entrusted to their care The pastor, even a religious pastor, must abide by the regulations of the local Ordinary in providing these missions for the people.

Section 9.

If in the judgment of the local Ordinary the aid of religious is needed for the catechetical instruction of the people, religious superiors, even exempt, when requested by the Ordinary, are bound either personally or through their discipline, to give this instruction to the people, especially in their own churches.

Section 10.

It Is the right of the local Ordinary to regulate in his diocese everything pertaining to the training of the people in Christian doctrine; and even exempt religious, In teaching non- exempt persons, are obliged to abide by his regulations.

Section 11.

The Archbishop-Primate has the right and the duty to guard lest in any school anything should be taught or should happen contrary to faith or good morals. He has the right to approve the instructors in religion and the textbooks of religion; and also in the interest of religion and morals, to demand that both instructors and textbooks be removed.

Section 12.

Religious and secular clerics may not publish books on moral, religious, or theological topics, holy pictures, books or booklets of devotion, of prayers, etc., unless they first obtain the permission of the Archbishop-Primate and obtain the nihil obstat and the imprimatur of the Archbishop-Primate.

Section 13.

The permission by which the Archbishop-Primate grants authorization for publishing (the Imprimatur) is to be given in writing and is to be printed at the beginnlnq of the book or magazine, or on the sacred image, giving the name of the Archbishop-Primate and also the place and date of the grant.

Section 14.

Local Ordinaries must see to it that the prescriptions of the sacred canons concerning divine worship are accurately observed, and especially that superstitious practices are not introduced into public or private worship or into the daily lives of the faithful, and also that nothing be introduced which is foreign to the faith, in conflict with ecclesiastical tradition or which savours of sordid profiteering. The Ordinary can visit the churches and public oratories to see to it that the sacred canons are observed.

Section 15.

No one may place or cause to be placed in churches, even exempt, or in other sacred places, any unusual image, unless it has been approved by the local Ordinary.

Section 16.

Only those relics can be publicly venerated in churches, even exempt churches, which arecertified to be genuine through an authentic document issued by the Archbishop-Primate, or by some other ecclesiastical person to whom the faculty of authenticating relics has been granted to by the Archbishop-Primate.

Section 17.

Unless there is an immemorial custom to the contrary, or unless in the prudent judgment of the Bishop, local circumstances require something different, on the feast of Corpus Christi there shall take place in any given place only one solemn procession through the public streets, and that from the principal church; in it all the clergy must take part, as well as all religiou6 communities of men, even those enjoying exemption; only those regulars are excused from participation who live perpetually in the strict enclosure.

Section 18.

If the local Ordinary orders the ringing of bells, the recitation of certain prayers, or the carrying out of certain functions for a public purpose, all religious, even exempt must obey, without prejudice, however, to the constitutions and privileges of each institute.

Section 19.

Special regulations made by the local Ordinary or the Archbishop of admitting priests or bishops to the celebration of Mass in a providing these regulations are not contrary to the Code of Canon by everyone.

Section 20.

Each religious institute enjoys only those privileges which are contained in the Code of Canon Law or which have been directly granted to it by the Primatial See; every communication of privileges is excluded for the future. Privileges acquired through communication and peacefully enjoyed by religious institutes before the Code are not abrogated by this canon. The privileges enjoyed by a regular order belong also to the nuns of that order, In so far as they are capable of enjoying them.

Section 21.

All regulars enjoy the privilege of beginning the celebration of Mass from two hours before dawn to two hours after midday, probably also three hours after midday. Regulars may use this privilege anywhere; other priests, including seculars, may enjoy this privilege when they celebrate Mass in a church or oratory of regulars.

Section 22.

A cleric in minor orders or in tonsure may, for a reasonable cause, act as subdeacon in a solemn Mass, providing he does not wear the maniple, pour water into the chalice at the offertory, touch the chalice during the canon, or purify the chalice after the communion. Those who are not clerics are not allowed to act as subdeacon at Mass, and every contrary privilege and custom is hereby revoked and abrogated.

Section 23.

No priest or bishop shall be absent from his parish or diocese on a Sunday or Holy Day without the expressed permission of either his local Ordinary or the Primatial Office.

ARTICLE VI

Section 1.

For canonical purposes, any Congregation that shall consist of thirty baptized and confirmed communicants, shall be given thc status of a Canonical Mission.

Section 2.

Each diocesan jurisdiction, shall have its' own local Synod to legislate for its own immediate government but must refer all its actions taken to the General Synod for approbation.

Section 3.

The Diocesan Synod, after Its organization, shall present in due form, the notices of all elections held in that Synod, and the names of the members of its curia; together with the written approbation of the Ordinary to such elections.

ARTICLE VII

Section 1.

The official language of this Church is and shall ever be the English language, however, the ancient use of the Latin shall be permitted where the Priest is sufficiently schooled in the useage of the Latin. The vernacular of the local area shall also be permitted in the liturgical services of the Church, subject to the approval of the diocesan, and with the approval of the Archbishop-Primate.

Section 2.

The official formularies of this Church shall be and shall remain, the Pontificale Romanum, the Missale flomanum, and the Rituale Romanum (edition edited by Archbishop A. H. Mathew, Great Britian, and Archbishop Gerard Gul, Archbishop of Utrecht, 1909); and these to be used without any deletions or changes, except where reference is made to the Holy See. The official Hymnal of the Church shall be the English Hymnal.

ARTICLE VIII

Section 1.

No Priest shall administer the Holy Communion to any who are not baptized Catholics.

Section 2.

No one representing himself to be a Bishop or Priest may be permitted to use the Altars of this Church when the same is not of a Communion enjoying Inter-Communion with this Church.

Section 3.

No Priest of this Church may participate in any sacerdotal functions in any Communion, not enjoying Inter-Communion with this Church.

Section 4.

This church does not hold any formal union or communion with any other Religious Society or Group, not does she recognize the Orders or Rites of such. Exception being, the Orders and Sacrament of the Papal Catholic Communion, and the Holy Eastern Orthodox Churches in union and subjection to the true Patriarchal Sees of the East.

ARTICLE IX

Section 1.

All Bishops shall before exercising their Office and Order in this Church, shall first be required to make a Profession of Faith before the Archbishop-Primate, or one delegatad by him to receive such a Profession.

Section 2.

All Priests shall after appointment as Pastors, before exercising those duties, make a Profession of Faith in the presence of their Ordinary, or one delegated by the Ordinary to receive such a Profession.

ARTICLE X

Section 1.

Any diocesan of jurisdiction may authorize the formation of Confraternities, provided that such foundations have the approval of the General Synod.

ARTICLE XI

Section 1.

The Rights and Privileges of the laity within this Church, shall be protected and respected by all in administrative offices, and none may be refused recourse to the Tribunals of the Church for redress in any matter affecting their sacramental relationship to the Church.

Section 2.

Only those laymen who are Baptized and Confirmed may be united in Matrimony by the Clergy of this Church, providing there has been no previous union contracted by the same. In all instances of a Mixed Marriage, the case must be referred to the Ordinary for the proper dispensation if the Ordinary deems such a marriage permissible.

Section 3.

Every regularly constituted parish shall make a monthly offering to its diocesan authority and to the Archbishop-Primate. The sum to be fixed by the General Synod.

ARTICLE XII

Section 1.

Each Parish shall have a Vestry consisting of five members, who shall have been confirmed and in good communicant standing. The same shall be elected by the Parish at a meeting called for that purpose. Such Vestry shall then be certified with the office of the Chancellor of the Diocesan Jurisdiction.

Section 2.

The Vestry shall assist the pastor of the Church in all the temporal concerns of the respective parish, but have no authority over matters spiritual or concerning the rendering of the Divine Services.

Section 3.

The Vestry may not interfere with the pastoral relations of the pastor with the laity, nor may they resume to dismiss the pastor from his Parish.

Section 4.

The Ordinary may after obtaining the advice of his Curia, effect such pastoral changes as he shall deem necessary for the good of the Parish and of its people.

Section 5.

All Curates shall be appointed by the Ordinary to the Parishes after consultation with the pastor of the same. Their living is to be the responsibility of the Parish to which they are assigned. The pastor may not dismiss any curate from his assignment, but where a change Is thought desirable, the pastor shall consult with the Ordinary.

ARTICLE XIII

Section 1.

There shall be a General Seminary of the Church, in which all candidates for the Sacred Ministry shall prepare for entrance into the Sacred Ministry. No candidate may be accepted for the Sacred Ministry from any other Theological Institute, but all must enter the Seminary of this Church. The period of theological preparation shall consist of a four year period of study and preparation.

Section 2.

The General Canons of the Catholic Church state who may be admitted to the Seminary, and none may be so admitted contrary to these Canons.

Section 3.

The Dioceses and their Parishes of this Church shall be responsible for the support of the General Seminary.

ARTICLE XIV

Section 1.

The following ecclesiastical titles accepted by this Church and are as follows:

The Primate
The Most Reverend,
and addressed as His Eminence

Archbishop-Metropolitan
Thw Most Reverend,
and addressed as His Grace

Vicar Apostolic
The Most Reverend
addressed as His Excellency

Bishops
Most Reverend,
addressed as His Excellency

Vicar Generals
Right Reverend Monsignor

Chancellors
Very Reverend Monsignor

Superiors of Religious Orders
Very Reverend

Superiors of Female Religious Orders
Reverend Mother,
if possessing an elected and duly blessed Abbess
The Lady Abbess

Priests
Reverend Father

Deacons
Reverend Mister

Clerics
Reverend Brother

ARTICLE XV

Section 1.

No one shall be baptized while enclosed in his mother's womb as long as there is a probable hope that baptism can be conferred after delivery. A fetus that has been baptized in the womb must be baptized again conditionally after delivery.

Section 2.

If a pregnant mother dies the fetus is to be extracted by those whose responsibility it is to do so, and if It is certainly alive, It shall be baptized absolutely; If It Is doubtful whether It Is alive, conditionally.

Section 3.

Care must be taken that every aborted fetus, no matter at what period of gestation It Is aborted, shall be baptized absolutely if it is certain that the fetus is alive; If there Is doubt that it is alive, it shall be baptized conditionally.

Section 4.

Monstrous and unusual forms of fetus shall always be baptized at least conditionally; in doubt whether the fetus Is one or many human beings, one shall be baptized absolutoly, the others conditionally.

Section 5.

Infants are to be baptized as soon as possible: pastors and preachers have a responsibility to make sure that the faithful are instructed adequately concerning their obligations in this matter.

Section 6.

Infants who have been abandoned shall be baptized conditionally, if, after careful investigation, there is no certainty about their baptism.

Section 7.

An infant child of non-Catholic parents, even if its parents are unwilling, is licitly baptized when its life is so threatened that it can prudently be foreseen that it will die before it attains the use of reason. Outside the danger of death, if there Is sufficlent guaranty of its Catholic education, the infant may be licitly baptized:
a] if its parents or guardians, or at least one of them assents;
b) if its parents, that is, its father, mother, grandfather, grandmother and guardians are deceased, or if they have been deprived of their parental rights over the infant, or have been effectively enjoined from exercising them in any way.

Section 8.

Offspring shall be baptized in the rite of the parents, if only one of the parents is Catholic, offspring must be baptized in the rite of this parent.

Section 9.

An adult shall not be baptized except with his own knowledge and consent, and after due instruction; moreover, he must be admonished to be sorry for his sins.

Section 10.

in danger of death, however, if the adult cannot be instructed more thoroughly in the principal mysteries of the faith, it suffices for the conferring of baptism that he should in some way manifest that he assents to those mysteries, and sincerely promises that he will observe the precepts of the Christian religion. If he is hut even able to ask for baptism, but has either previously or in his present condition given some indication of his Intention to receive baptism, he should be baptized conditionally; if later he recovers and doubt remains concerning the validity of the baptism conferred, baptism should again be administered conditionally.

Section 11.

Baptism shall be conferred solemnly. Baptismal water must be used in the administration of solemn baptism. Except during Eastertide, when the water blessed at the Easter Vigil must be used, baptismal water may be blessed within the rite of baptism itself, using an approved shorter formula. Pastors should see to it that a Christian name be given the person baptized; but if they are not able to prevail in this matter, they should add to the name chosen by the parents the name of some saint, and they shall record both names in the baptismal register.

Section 12.

For a grave and reasonable cause the local Ordinary may permit the ceremonies prescribed for the baptism of infants to be used in the baptism of adults.

Section 13.

The catechumenate for adults, comprising several distinct steps, Is to be taken into use at the discretion of the local Ordinary. By this means the time of the catechumenate, which is intended as a period of suitable instruction, may be sanctified by sacred rites to be celebrated at successive intervals of time.

Section 14.

It is lawful to confer baptism privately in danger of death.

Section 15.

When baptism is repeated conditionally, the ceremonies which were omitted in the previous baptism should be supplied; if they were performed in the previous baptism, they may be repeated or omitted at the second baptism.

Section 16.

No one shall be solemnly baptized unless, so far as this is possible, he has a sponsor. Only one sponsor, even of different sex than that of the person baptized, or at most two, one man and one woman should be employed. In order that one may validly act as a sponsor, it is necessary;
a) that he be baptized, have the use of reason and the intention to act as sponsor;
b) that he belongs to no heretical or schismatic sect; be not, by a condemnatory or declaratory sentence, excommunicated, infamous by infamy of law, or excluded from legitimate acts; be not a deposed or degraded cleric;
c) that he be not the father, mother, or spouse of the person to be baptized;
d) that he shall have reached the fourteenth year of his age, unless for a justifying reson the minister judges otherwise;
e) that he be not a novice or a professed member of a religious institute, except in a case of necessity, and then only with the express permission of at least the local superior;
f) that he be not in sacred orders, unless he has obtained the express permission of his proper Ordinary.

Section 17.

The proper place for the administration of solemn baptism is the baptistery in a Church or public oratory. Solemn baptism is reserved to one's proper pastor. If, however, The Child cannot be taken to the proper pastor easily and without delay, any pastor may baptize It within the limits of his parish. Ordinarily solemn baptism may not be administered in private homes unless the bishop permits it for a just cause in some extraordinary case.

Section 18.

Pastors are obliged to record exactly and without delay in the baptismal register the names of persons baptized1 making mention of the minister, the parents, the sponsors, the place and the day on which baptism was conferred.

Section 19.

If the baptism was conferred neither by the proper pastor nor in his presence the minister shall as soon as possible notify the proper pastor by reason of domicile of the fact of the administration of baptism.

Section 20.

Converts should be received with great care, especially if they are strangers to the pastor. The pastor should above all try to ascertain their motives. if material considerations v.g., intended marriage, are impelling motives, he should make them aware that such motives are not sufficient. He should not, however, refuse to instruct them for that reason alone, since grace often builds on such extrinsic and natural motives.

Section 21.

Since error and unbelief on the part of the minister of baptism do not of themselves affect the validity of the sacrament, the baptism administered in non-Catholic churches is without doubt valid If the proper matter, form and intention are not wanting. Therefore, in each case, diligent inquiry must be made regarding the validity or invalidity of the non Catholic baptism of a prospective convert. Only if, after the investigation has been made, there still remains a probable doubt concerning the validity of a convert's baptism, is the sacrament to be repeated conditionally.

Section 22.

If it is certain that the non-Catholic baptism is invalid, absolute baptism must be administered. If the person to be baptized has not attained the use of reason, the ceremonies for the baptism of children are to be used; for those who have attained the use of reason, the ceremonies for the baptism of adults should be used, unless the bishop has granted permission to use the rite of baptism for children in such cases. The abjuration of heresy, absolution from censure and confession are omitted.

Section 23.

If the former baptism is truly of doubtful validity and the convert is to be re-baptired conditionally, the following order is to be observed:
a) Profession of Faith and abjuration of heresy:
b) Conditional baptism;
c) Confession with conditional absolution.

Section 24.

If the non-Catholic baptism is valid, the order of procedure is:
a] Profession of Faith and abjuration of heresy;
b] Absolution in the external forum from excommunication;
c] Confession and absolution from sins.

ARTICLE XVI

Section 1.

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

Section 2.

Although In the Church confirmation is usually deferred until about the seventh year of age, it may be conferred before this age if an infant is in danger of death, or if the minister for good and weighty reasons thinks it expedient to administer the sacrament earlier.

Section 3.

In accordance with a very ancient usage of the Church, a sponsor should, if possible, be procured for confirmation. The sponsor should stand for one or two persons only, unless the minister for a just cause allows him to stand for more; and no candidate for confirmation shall have more than one sponsor.

Section 4.

In order that a person may be a sponsor validly, the same conditions are required as for valid sponsorship at baptism; and in addition, the sponsor himself must be confirmed.

Section 5.

The pastor must recbrd in the confirmation register the names of the minister, the persons confirmed1 the parents, the sponsors, and also the date and place of confirmation. Besides, he must make not of the confirmation in the baptismal register.

Section 6.

The faculty to confer the sacrament of confirmation is given to the following priest under the conditions and in the cases mentioned below:
a) to pastors who have a territory of their own, exclusive therefore of personal and family pastors unless these also have their own proper, though cumulative, territory. (Pastors of national parishes would, therefore, have the faculty.)
b) to priests to whom the full care of souls with all the rights and obligations of pastors has been entrusted in and stable manner with a definite territory and with a determinate church.

Section 7.

The aforesaid ministers may confer the sacrament of confirmation:
a) only upon the faithful who are staying in their territory including persons in places which have withdrawn from parochial jurisdiction (v.q. seminaries, sanitaria, religious houses which are in any way exempt).
b) they must confer the sacrament personally.
c) only upon those faithful who are in danger of death from grave illness.
d) the faculty may be used either in the episcopal city itself or outside of it, provided the services of the bishop of the diocese cannot be obtained or he is lawfully impeded from conferring the sacrament in person, and no other bishop is available who might take his place without serious inconvenience.

Section 8.

Annotation: The minister shall enter the usual record in the confirmation register and add: confirmation conferred by apostolic indult, the person being in danger of death from grave illness. Provision must also be made for the entry of an annotation in the baptismal register, and, if the person belongs to another parish, his proper pastor is to be notifIed. The minister must also send to the local Ordinary an authentic notice of the confirmation which he has conferred.

Section 9.

Rubrics: The rubrics and ceremonies to be used by the priest in conferring the sacrament of confirmation may be found in the Rituals Romanum or in the Coilectio Rituum.

Section 10.

Warning: A priest who dares to administer confirmation without having the faculty to do so, is to be suspended (a ferendas sententlae penalty); if the minister has the faculty confirm, but presumes to overstep the limits of the faculty, he is by that very fact (Ipso facto) deprived of the faculty.

ARTICLE XVII

Section 1.

Concerning the Priest who offers Mass

a) State of Grace

No matter how contrite he may believe himself to be, a priest conscious of mortal sin, shall not dare to celebrate Mass without previous sacramental confession; but if, lacking a confessor to whom he is obliged to confess and being at the same time obliged by necessity to celebrate, he then celebrates Mass after having made an act of perfect contrition, he must go to confession as soon as possible.

b) Physical Disabilities

Residential Bishops can allow priests suffering from poor eyesight or who are afflicted with some other ailment to celebrate daily the votive Mass of the Blessed Virgin or the Mass of the Dead, with the assistance, if necessary, of another priest or of a deacon. Moreover the same permission can be granted to priests who art totally blind, provided however that they are always assisted by another priest or by a deacon. Furthermore, the bishop may permit sick and elderly priests who are unable to stand, to celebrate Mass while seated, with due observance of the liturgical laws. Superiors general of clerical religious institutes can grant these same permissions to priests who are subject to them.

c) Bination and Trination

(i) Residential Bishops can permit priests, because of scarcity of clergy and for a lust cause, to celebrate Mass twice on weekdays; provided that genuine pastoral necessity so demands, permission can be granted to trinate on Sundays and Holy Days of obligation.

(ii) Ordinaries are granted the faculty to permit priests to celebrate Mass three times on Saturday and days preceding holy days of obligation, provided the first and second Masses are celebrated for weddings or funerals and the third Mass is celebrated in the evening so that the precept may be satisfied by the faithful. The acceptance of a stipend is prohibited except for a single Mass.

(iii) There are a number of occasions when, apart from the situations envisioned above, a priest may celebrate or concelebrate more than one Mass in a given day:

(a) On Holy Thursday, anyone who celebrates or concelebrates the Mass of the Chrism, may also celebrate or concelebrate an Evening Mass of the Lord's Supper. Likewise, one who has celebrated a Mass for the benefit of the faithful, may concelebrate at the Evening Mass.
(b) Whoever celebrates or concelebrates Mass in the Easter Vigil, may also celebrate or conceleberate the second Mass of Easter Sunday. Even though one has celebrated or concelebrated the Mass of the Easter Vigil, he may still say the Mass of Easter Sunday twice to three times if he has permission to biriate or trinate.
(c) To priests who have charge of two or more parishes, the local Ordinary can permit bination of the Mass of the Lord's Supper, repetition of the Liturgical Action of Good Friday, and of the Easter Vigil, not however in the same parish.
(d) Whoever concelebrates with the Bishop or his delegate in a synod, in the pastoral visitation or in meetings of priest, may celebrate another Mass for the sake of the faithful, if the same Bishop judges it useful. This holds also for meetings of religious with their own Ordinary.
(e) On Christmas, and also on All Soul's Day, all priests may celebrate three Masses,including those who, because of poor eyesight or another infirmity, have the faculty of saying the Votive Mass of the Blessed Virgin or the daily Mass of Requiem every day. On Christmas, all priests may concelebrate three Masses, provided that each Mass takes place at the proper time of day according to the liturgical prescriptious: priests may likewise concelebrate three times on All Soul's Day.

d) The Celebret

(i) A priest who wishes to celebrate Mass in a church to which he is not attached is to be permitted to celebrate Mass, if he presents an authentic and still valid, commendatory letter of his Ordinary if he is a secular priest, or of his superior (at least of his local superior) If he is a religious, unless it is evident that in the meantime he has been guilty of some offense which would require that he be debarred from the celebration of Mass.

(ii) Special regulations made by the local Ordinary in this matter. provided they are not contrary to the Code, must be observed by all, even by exempt religious, unless there is question of giving to religious permission to celebrate Mass in a church of their own institute.

e) The Calendar

(i) On solemnities the priest is bound to follow the calendar of the Church.

(ii) On Sundays, weekdays of Advent and Lent, feasts, and obliatory memorials if Massis celebrated with or without a congregation, the priest should follow the calendar of the Church.

(iii) On optional memorials and on ferials throughout the year, the priest may choose the ferlal Mass, the Mass of the saint of the day, or of any saint in the martyrology that day, a Mass for various occasions or a Votive Mass.

Section 2.

Time and Place for the celebration of Mass.

a) Time of Day

According to the common law, Mass should not be begun earlier than one hour before dawn, nor later than one hour after midday. However, residential Bishops can permit priests, for a just cause, to celebrate Mass at any hour of the day, with due observance of the other prescriptions of law. If he so desires, the Bishop may simply grant this permission to all priests in the diocese, to be exercised at their discretion. This faculty can be used to permit evening Mass on any occasion, including weddings and funerals, even though the evening time is not required by the spiritual good of a notable part of the faithful. Moreover, for the benefit of the religious, Superiors General of clerical religious institutes may grant the same permission to priests subject to them only, to be exercised within their houses, and always respecting the rights of the local Ordinary in what pertains to the celebration of Mass for the sake of the faithful. With the consent of their Council, the Superiors General may subdelegate this faculty to other major Superiors of the same institute.

Holy Week

(i) Thursday of the Lord's Supper. The evening Mass of the Lord's Supper is to be celebrated not earlier than 4.00 pm and not later than 9.00 pm Where required by pastoral necessity, the local Ordinary may permit the celebration of a second evening Mass - in addition to the principal Mass of the Lord's Supper - in churches and public and semi-public oratories. In a case of genuine necessity, he may grant that this Mass be celebrated in the morning, but only for the faithful who are in no way able to participate In the evening Mass.

(ii) Friday of the Passion and Death of the Lord. On Good Friday the liturgical service Is to be celebrated In the afternoon house, ordinarily around 3.00 pm If, however, pastoral considerations make it advisable, the services may begin as early as 12 noon, or also at a later hour, but not beyond 9.00 pm.

(iii) Holy Saturday. The Vigil service is to be begun at an hour which will allow the Mass itself to begin approximately at midnight between Holy Saturday and Easter Sunday. Because of circumstances of time and place, the local Ordinary may allow the Vigil to be held at an earlier hour, but it may not begin before dusk, and certainly not before sunset. The celebration of the Mass of the Easter Vigil alone, without the preceding ceremonies, is forbidden.

c) The Place

(i) The Eucharist is normally celebrated In a sacred place. The Ordinary, within his own jurisdiction, will decide when there is a real necessity which permits celebrating outside a church or oratory.

(ii) Residential Bishops grant permission to celebrate Mass outside of a church or oratory in a proper place, in individual cases for a just cause, but habitually only for a more serious cause. Superiors General or religious institutes enjoy this same faculty in reference to their religious houses and they may delegate the faculty to other major superiors of their institute.

(iii) Local Ordinaries, and for their own houses religious Ordinaries, have the faculty to permit the celebration of the Eucharist outside of a sacred place in favour of special groups or gatherings of people (for instance, family groups celebrating special occasions, the aged in a senior citizens home, young people making a retreat at their school). If there is question of Mass being said in a private home or in an institution, the Ordinary should satisfy himself of the aptitude and decorum of the place. Likewise the permission should not be given for use on Sundays and Holydays except in special cases, least prIest be taken away from their duties at the parish church and lest the sense of the unity of all the faIthful of the community be weakened.

(iv) In a sacred place the Eucharist should be celebrated on a fixed altar or on a movable altar. In other places, especially where the Eucharist is not regularly celebrated, a suitable table covered with a cloth and corporal may be used. It is not necessary to have a consecrated altar stone on the table when the Eucharist is celebrated outside a sacred place.

Section 3.

Concelebration of Mass

a) Permission to Concelebrate

The rubrics of the Roman Missal recommend concelebration the following cases.

[i] without any further permission:
[a] Holy Thursday, both In the Mass of Chrlsm and in the Evening Mass
[b] Masses in Councils, meetings of Bishops and Synods
[c] Mass In the Blessing of an Abbot

(ii) with the permission of the Ordinary, who is to judge whether it is opportune:
(a) at conventual Mass, and at the principal Mass in churches and oratories, when the needs of the faithful do not require that all the priests available should celebrate individually.
(b) Masses celebrated at any kind of priest's meetings, whether the priests be secular clergy or religious.
(c) Masses celebrated on the occasion of the pastoral visitation or whenever priests meet with their Bishop during a retreat or any other gathering.

b) Regulation of Concelebration

It is for the Bishop, according to the norms of Law, to set up disciplinary regulations governing the conduct of conelebrations held in his diocese, even in the churches and semipublic oratories of exempt religious. But, it is the right of all Ordinaries, including the major Superiors of even non-exempt clerical religious institutes and societies of clerics living in common without vows, to determine whether concelebration is opportune, and to give permission for it in their churches and oratories.

c) General Discipline of Concelebration

(i) In order that the unity of the priesthood may be fittingly demonstrated, concelebration takes place only once a day in a given church or chapel. However, where there Is a large number of priests, the Ordinaries and major Superiors may allow concelebration several times on the same day, but at different times or in distinct sacred places.

(ii) Once a Mass has already begun, no one can be admitted to the number of concelebrants.

(iii) All concelebrants wear the usual vestments for Mass. For a just cause, v.g. lack of vestments, the concelebrants may omit the chasuble, not however the alb and stole. The principal celebrant always wears the chasuble.

(iv) Ordinarily, whoever concelebrates may not say another Mass on the same day. Exceptions to this rule are given under Section 1 .c) of this Article.

(v) Each concelebrant may formulate his own particular intention for the Mass and legitimately accept a stipend in keeping with the law.

Section 4.

Application of Holy Mass

a) The Intention for Holy Mass

Generally speaking, the Holy Sacrifice of the Mass can be offered for any living person, as well as for the souls of the faithful departed. However, public application of Mass is forbidden for any living excommunicated person, and likewise for any deceased person who was denied ecclesiastical burial. Private application (known to one or the other persononly) may be made in favour of anyone who is capable of benefiting by the fruits of the Mass, whether faithful or infidel, even someone who is excommunicated or who has been denied ecclesiastical burial. If there is question of an excommunicate who is vitandus, Mass may be offered only for his conversion.

b) Prescribed Mass Intentions

(i) Mass for the people (Missa pro popula) must be offered by the pastor on the days presribed by law; this is a serious obligation in justice, bother personal and real, requiring that the Mass be said on the proper day at least by another priest should the pastor himself be impeded from offering it on that day, or as soon as possible, should a justifying cause prevent the offering of the Mass on the proper day even by another priest. The pastor must offer the Mass for the people on all Sundays and Holydays. A pastor who is in charge of more than one parish need offer only one Mass for the people on these occasions when he is bound by this obligation. Likewise, one Mass suffices on those feast which happen to occur on Sunday.

(ii) Religious superiors may command that their subjects celebrate Mass according to the intention prescribed the constitutions, or by the superiors themselves,' the exceptions however, allowed by the constitutions or by lawful custom always being respected.

c) Mass Stipends

(i) Every priest who celebrates (or concelebrates) and applies Mass for a certain intention may accept a stipend. It is the right of the local Ordinary to fix the stipend of Masses In his diocese, and no one may demand a larger one. Where the Ordinary has made no such determination, the custom of the diocese specifies the amount of the stipend. Even exempt religious are obliged by the decree of the local Ordinary or the custom of the diocese in this matter. A priest may accept a larger stipend If it si offered, and, unless the local Ordinary has forbidden it, also a smaller one.

(ii) If anyone should give a sum of money for the application of Masses without indicating the number of Masses to be said, this is to be determined on the basis of the stipend of the place where the donor was staying, unless a contrary intention on his part must be lawfully presumed.

(iii) If a priest celebrates Mass more than once a day and applies one Mass under an obligation of justice (v.g. the Mass for the people), he may not receive a stipend for another Mass, except on Christmas; he may, however, receive some compensation, based on a claim extrinsic to the application of the Mass (v.g. a late hour, distance, singing)

(iv) It is presumed that the donor of a stipend wishes only the application of Mass for a certain intention; if, however, he expressly specifies certain circumstances to be observed in the celebration of Mass (place, time, votive Mass, sung Mass, Gregorian Mass, etc.), the priest who accepts the stipend must carry out these specifications.

(v) As to the time when Holy Mass is to be applied, the following rules apply:
(a) if the time was expressly specified by the donor of the stipend, Holy Mass must positively be said at that time.
(b) if, in case of manual stipends, the donor did not expressly specify a time, then Masses to be said for an urgent intention must be said as soon as possible, and within a time proper to obtain the purpose; in all other cases the Masses must be said within a short time, that is, a time that is, a time that is reasonable according to the larger or smaller number of Masses requested.

Section 5.

Rites and Ceremonies

a) General Norms

The norms and the form of the Eucharistic celebration are those given in the rubrics of thoMissale Romanum (edition edited by Archbishop A. H. Mathew, Great Britain, andArchbishop Gerard Gul, Archbishop of Utrecht, 1909). Liturgical actions are not private functions but celebrations of the Church, and in these celebrations each person is to perform that function proper to him without usurping functions reserved to others.

b) Bread and Wine

The bread used for the celebration of the Eucharist is wheat bread, and, accordlng to the ancient custom of the Church, is unleavened. The wine for the Eucharist must be natural and pure, from the fruits of the vine. It shall not be mixed with any foreign substance.

C) Servers

It Is desirable that at least one server assist the celebrant. Even in Mass said without a congregation a server should be in attendance upon the celebrant unless a serious necessity excuses. The traditional liturgical norms of the Church prohibit women, young girls and women religious from serving the priest at the altar even in chapels of convents, schools and institutions.

d) Readings and Homily

God speaks to his people, and Christ, present in his word, announces the good news of the Gospel. Hence other readings, whether from sacred or profane authors of the past or present, may not be substituted for the Word of God. The homily is an integral part of the liturgy and source of nourishment for the Christian life. It should develop some point of the readings or of another text from the Ordinary of the Mass. the homilist should keep In mind the mystery that is being celebrated and the needs of the particular community. The homily is to be given on Sundays and Holydays at all Masses which are celebrated with a Congregation; it should not be omitted except for a serious reason. The homily is recommended on other days especially on the weekday of Advent, Lent, and Easter, as well as on other feasts and occasions when the people come to church in large numbers. The homily is the task and office of the priest (or deacon) and the faithful should not add Comments or engage in dialogue during the homily.

e) Defects occurring in the Celebration of Mass

(i) If the priest notices after the consecration or when he receives communion that water was poured into the chalice instead of wine, he pours the water into another container, then pours wine with water into the chalice and consecrates it. He says only the part of the narrative for the consecration of the chalice, without consecrating bread again.

(ii) If a host or any particle should fall, it is to be picked up reverently. If any of the Precious Blood spills, the area should be washed and the water poured into the sacrarium.

Section 6.

a] The Minister of the Sacrament.

(i) The office of administering Holy Communion belongs first of all to priest and then to deacons.

(ii) Holy Communion may be distributed everyday of the year, and no matter what time of day a priest celebrates Mass, he may distribute Holy Communion during it. Outside of Mass, Holy Communion may be distributed only at the hours when Mass may be said unless there is good reason to distribute it at some other hour. However in virtue of Pastorale munus, Bishops usually permit priests to distribute Holy Communion also in the afternoon and evening hours.

(iii) Holy Communion may be distributed wherever Mass may be said unless the Bishop of the diocese, for good reason, forbids it in some particular cases.

(iv) When a priest takes Communion to the sick, he may also give Communion to those who live in the same house with the sick person1 or to nurses attending to a patient in a hospital room.

b) The Recipient of the Sacrament

(i) In danger of death, that Holy Communion may and should be administered to children, it suffices that they know enough to distinguish the Body of the Lord from ordinary food and reverently to adore it.

(ii) Outside of danger of death a more thorough knowledge of Christian doctrine and a more accurate preparation are properly required, namely; the child must have knowladge of the mysteries of faith necessary by necessity of means for salvation, and be able with fitting devotion to approach the Holy Eucharist.

(iii) The decision regarding the sufficient disposition of a child for its admission to First Communion belongs to the confessor and to the child's parents or guardians.

(iv) No one conscious of mortal sin, no matter how contrite he may believe himself to be, shall go to Holy Communion without previous sacramental confession; but if one lacks a confessor to whom he is obliged to confess, and is at the same time obliged by necessity to communicate, he shall first make an act of perfect contrition.

(v) The general rule is that a person who has received Holy Communion cannot communicate again on the same day.

(vi) Sacred ministers who perform their function in concelebrated Masses twice on the same day may also receive Communion twice on the same day.

(vii) At a conventual Mass in religious communities priest-members of the community who attend, may communicate even though they have celebrated or will celebrate Mass individually on that day.

(viii) One who comes into danger of death is urged to receive Communion even though he has already comirtunicated on the same day.

ARTICLE XVIII

Section 1.

Reservation and Exposition of the Blessed Sacrament

a) Reservation

The Blessed Sacrament must be reserved in cathedral churches and in all parish churches as well as in all churches attached to houses of exempt religious With the permission of the local Ordinary, it may be reserved in the principal public or semi-public oratory of pious or religious houses and of ecclesiastical colleges conducted by the secular clergy or by religious. In order that the Blessed Sacrament may be reserved in the above mentioned churches and oratories, there must be a responsible person to guard it and that, as a tule, Mass be said there at least once a week. However, an occasional omission of the weekly Mass for some good reason is permissible. For a good reason the local Ordinary may grant permission to reserve the Blessed Sacrament also in other churches or public oratories but only per modum actus, that is to say, for a given occasion and not perpetually. In religious or pious houses, the Blessed Sacrament may be reserved only in the church or principal oratory, and in convents of nuns it may not be reserved within the choir or the precincts of the enclosure.

b] The Tabernacle

The Holy Eucharist is to be kept in a solid, unbreakable tabernacle, and ordinarily there should be only one tabernacle in a church. The place of reservation is to be on the High or Main Altar of the Church or oratory. Under no circumstances is the Holy Eucharist to be reserved in a chapel or another place in the church. The tabernacle should be completely veiled (top and all four sides) in a veil of the colour of the day. Black is never to be used, purple is used in place of black. However, if the structure of the altar is such that this veiling is impossible only the front side of the Tabernacle need be veiled.

Exception - The Blessed Sacrament may be reserved in another tabernacle other than on the main altar only when the liturgy allows it, v.g., Holy Thursday, Good Friday.

C) The Lamp

Before the tabernacle in which the Blessed Sacrament is reserved at least one lamp, fed either with olive oil or beeswax, shall be kept burning day and night. Where olive oil is not obtainable, the local Ordinary may allow the use of other oils, which should, in as far as possible, be vegetable oils. The local Ordinary, may in certain cases, permit the burning of an electric lamp before the tabernacle.

d] Renewal of the Sacred Species

The consecrated hosts, whether reserved for the Communion of the faithful or for the exposition of the Blessed Sacrament, shall be fresh and they shall be renewed frequently, tbose remaining from a previous consecration being duly consumed, so that danger of corruption is avoided. The instructions of the local Ordinaries In these matters are to be wduiously observed. Renewal of the Sacred Species, according to the Caeremoniale Episcoporum should take place every week. Most authors allow that renewal take place every two weeks.

Section 2.

Exposition

a) Public Exposition

(i) Public exposition of the Blessed Sacrament with the monstrance is allowed on the Feast of Corpus Christi and on each of the seven following days, both after Mass and at Vespers, in all church and public oratories; at other times, however, public exposition is allowed only for a grave cause, especially for a public cause, and with the permission of the local Ordinary even though the church belongs to an exempt religious institute.

(ii) In all parish churches and in others in which the Blessed Sacrament is habitually reserved, the Forty Hours' Devotion shall be observed each year on days determined according to the mind of the local Ordinary; and if, because of special circumstances, this devotion cannot be carried out without grave difficulty and with the reverence due to so great a sacrament, the local Ordinary shall see to it that on certain days the Blessed Sacrament shall be exposed with due solemnity for at least several continuous hours.

(iii) During the Benediction of the Blessed Sacrament.

b) Private Exposition

Private exposition, that is with the ciborium, may be held for any good reason, and without the permission of the Ordinary, in churches and oratories authorized to reserve the Blessed Sacrament. For private exposition the door of the tabernacle is opened and the covered pyx or ciborium remains in the open tablernacle, placed near the opening, but not outside the tabernacle.

ARTICLE XIX

Section 1.

The following have ordinary jurisdiction to hear confessions:

a) The local Ordinary in his own territory. Ihe term "local Ordinary" includes also the vicar general, and during the vacancy of the diocese, the diocesan administrator.

b) Pastors and those who have a status equivalent to pastors,

c) Superiors in exempt religious institutes according to the norm of their constitutions. Per se this includes local superiors also, unless the constitutions restrict the power to the major superiors.

Section 2.

Those empowered to delegate jurisdiction for the sacrament of penance are the folldwing:

a) The local Ordinary of the place in which the confessions are to be heard grants delegated jurisdiction for the confessions of all persons, whether lay or religious, to priests both secular and religious, even exempt; religious priest should, however, not use this jurisdiction without at least the presumed permission of their own superior, To hear confessions validly, one needs jurisdiction expressly granted either orally or in writing.

b) The religious superior, in exempt clerical institutes, delegated jurisdiction is also granted by the proper superior according to the constitutions, for the confession of the professed, the novices, and others who live day and night in the religious house by reason of services to be rendered, education, hospitality, or health; the same superior may grant these faculties also to priests of the secular clergy and to those belonging to another religious institute.

Section 3.

Concerning the use of delegated jurisdiction, note the following:

a) Since the religious superior in a clerical institute has jurisdiction which is not territorial but personal, one delegated by him can hear the confessions of the superior's subjects in every place, i.e., ubique terrarum.

b) All priests, secular and religious, who are approved in a given place for the hearing of confessions, whether their jurisdiction be ordinary or delegated, can also validly and licitly absolve vagi and peregrini who come to them from another diocese or parish.

Section 4.

Cessation of delegated jurisdiction. The ordinary ways in which delegated jurisdiction comes to an end are by the lapse of time or the exhausting of the number of Instances for which the jurisdiction has been granted; by the revocation of faculties, which revocation must be directly communicated to the one delegated; on the contrary, one's faculties do not cease to exist with the loss of office on the part of the delegating superior, except when the faculties were granted by the superior "ad beneplacitum nostrum," or In the case where one received a special faculty to grant some favour to a particular penitent, and in both instances, the case has not yet been begun.

Section 5.

Jurisdiction delegated in extraordinary circumstances.

a) In danger of death, whether it be from some internal (sickness) or external caune (dangerous voyage, difficult childbirth, dangerous operation), any priest, though not approved for confessions, and though censured, irregulal, apostate, schismatic, heretical or degraded, and even though an approved confessor be present, can validly and licitly absolve any penitent from all sins and censures, no matter in what manner reserved or notorious.

Section 6.

All priests who are on a sea voyage, provided they have duly obtained the faculty of hearing confessions from their own Ordinary or from the Ordinary of the port of embarkation or from the Ordinary of any intervening port at which they will call during the voyage, can, throughout the entire voyage, hear aboard ship the confessions of all the faithful who are making the voyage with them, even though the ship should, in the course of the journey, pass through or even call at various places subject to the jurisdicuon of several Ordinaries. The provisions of this Canon shall apply and be extended, with the appropriate adjustment of the clauses to fit the case, to priests who make a voyage by air.

ARTICLE XX

Section 1.

Excommunication is a censure by reason of which one is excluded from the community of the falthful1 with the effects enumerated in the Sacred Canons.

Section 2.

The excommunicate loses the right to assist at the divine services. A toleratus if ho assists passively need not be expelled; a vitandus, however, is to be expelled. A vitandus, sententlatus or one whose excommunication is notorious must be excluded from active assistance at divine service, i.e., such assistance as involves some participation in the functions themselves.

Section 3.

The excommunicate is forbidden to receive sacraments. the sententiatus is, moreover1 forbidden to receive the sacramentals, and, unless he gives signs of repentance before death, ecclesiastical burial is to be denied him.

Section 4.

The excommunicate is forbidden to celebrate Holy Mass and to confect or administer the sacraments or sacramentals.

Section 5.

The excommunicate does not partake of the suffrages, and public prayers of the Church; private prayers and private application of Mass for him are permitted provided scandal is avoided; but in regard to the vitandus, Mass may be offered only for his conversion.

Section 6.

An excommunicate is excluded from legitimate ecclesiastical acts; he is forbidden to exercise any ecclesiastical office or posts; he is forbidden to enjoy privileges granted him prior to his excommunication; he is forbidden to exercise the right to vote (the vote is invalid if the excommunicate is a sententiatus); he cannot acquire dignities, offices, benefices, pensions or any other post in the Church. A sententiatus cannot validly obtain any primatial favour unless in the rescript mention is made of the excommunication. A sententlatus is deprived of the revenue deriving from any dignity, office, benefice, pension or position that he has in the Church; a vitandus is deprived of the office, pension, etc. itself.

Section 7.

An act of jurisdiction of either the internal or external forum performed by a non- sententiatus Is valid but unlawful; it is also lawful If requested by the faithful. An act of Jurisdiction performed by a sententiatus is not only unlawful but invalid as well, except when he absolves in danger of death.

Section 8.

A vitandus Is one who has been excommunicatede by name by the Primatial See excommunication has been publicly announced, the decree also declaring that the person is to be avoided. All other excommunicates are tolerati and among them We may distinguish the sententiati, namely, those who have been excommunicated by a condemnatory sentence, or whose excommunication has been officially recognized, and strengthened by a declaratory sentence, and the non-sententiati, namely, those whose excommunication has not been affected by any sentence of an ecclesiastical superior.

Section 9.

Excommunication is incurred because of the following crimes:

a) Desecration of the Sacred Species.
b) Assault (physical) on the Bishops.
c) Illicit consecration of Bishops.
d) Direct violation of the Seal of Confession.
e) Absolution of 0ne15 accomplice in an impure sin.
f) Apostasy, Heresy1 Schism.
g) Simulation.
h) Those who invoke the aid of the secular power to hinder the exercise of ecclesiastical jurisdiction.
i) Those who invoke the aid of the secular power to hinder the execution of letters or acts of the Primatial See.
j) Those who enact laws. mandates or decrees against the liberty or rights of the Church.
k) Those who conspire against the legitimate ecclesiastical authorities.
l] Those who usurp an ecclesiastical office, benefice or dignity without canonical Institution or provision.
m) Violation of the Privilegium Fori.
n) Violation of the Privilegium Canonis.
o) Usurpation of Rights.
p) Falsification of Documents.
q) False denunciation.
r) Forbidden business.
s) Membership in forbidden societies.
t) Unwarranted absolutions.
u) Communication with a Vitandus.
v) Violation of the Privilegium Fori.
w) Usurpation of Ecclesiastical goods.
x) Duelling.
y) Simony.
z) Withdrawing documents.
aa) Marriage after divorice.
bb) Educating children in heresy.
cc) Traffic in False Relics.
dd) Violation of the Privilege of the Canon.
ee) Abortion.
ff) Apostasy from religion.
gg) Unlawful marriage.
hh) Unlawful alienation.
ii) Forcing one into the clerical or religious state.
jj) Omitting denunciation of solicitation.

Section 10.

In order that a censure be incurred, it is required:

a) That the sin be objectively and subjectively mortal.
b) That the sin be external, even though secret. Hence, although heresy in thought IS a mortal sin, it does not fall under censure.
c) That the sin is certain.
d) That the sin be consummated, i.e., that the words of the law stating the crime and the punishment be fulfilled in their strict sense.
e) That the sin be committed with obstinacy toward the law.

Section 11.

Those who co-operate in a crime may also be censured. The necessary co-operators are those who by concerted physical action accomplish the crime, or those who command It, or those who by their physical or moral influence so concur in the crime that without their co-operation the crime would not have been committed; all these incur the same censure as the one who actually commits the crime unless the law expressly provides otherwise. The accessory oc-operators are those who by their co-operation merely facilitate the crime; they do not ordinarily incur the same censure as the one committing the crime, but are to be punished according to the prudent judgment of the superior.

Section 12.

Those who have not yet reached the age of adolescence (the impuberes) are excused from all Ipso facto (latae sententiae) penalties.

Section 13.

The habitually insane, even though they at times have lucid intervals1 and even though they appear to be sane in certain types of action, are presumed to be incapable of crime.

Section 14.

A latae sententiae penalty binds the delinquent in both the external and internal forum as soon as he is conscious of the crime; however, before a declaratory sentence is pronounced, the delinquent is excused from the observance of the penalty whenever he cannot observe it without defaming himself; and in the external forum no one can demand its observance of him until the declaratory sentence is pronounced or unless the crime is notorious.

Section 15.

Censure are taken away only by absolution. If there is question of a censure which does not impede the reception of the sacrament (v.g., suspension), the person under censure may be absolved from his sins, the censure remaining. If, however, there is question of a censure which impedes the reception of the sacrament (excommunication and personal interdict), the censured person cannot be absolved from his sins, unless he is first absolved from the censure.

Section 16.

Those who deliberately (scienter) perform the divine services or arrange for the celebration of them in an interdlcted place, and those who deliberately admit to the celebration of divine services forbidden to them clerics on whom there has been pronounced a declaratory or condemnatory sentence of excommunication, suspension or interdict, contract automatically interdict from entering a church, bindina until satisfaction is given according to the demands of the superior whose sentence they have ignored.

Section 17.

Those who voluntarily (sponte) give Christian burial to infidels, public apostates, those who have publicly belonged to an heretical, schismatic or atheistic sect, those excommunicated or interdicted by condemnatory or declaratory sentence, contrary to the prescription of the Canons, contract interdict from entering the church, reserved to the Ordinary.

Section 18.

Suspension is a censure by which a cleric is forbidden the use of his office, his benefice, or both.

Section 19.

General suspension, or suspension simpliciter without any further determination, forbids the use of one's office and benefice and of jurisdiction and prohibits the exercise of the power of orders.

Section 20.

Clerics who deliberately (scienter) have been promoted or have promoted to orders through simony, or have deliberately administered or received other sacraments through simony, incur suspension reserved to the Primatial See.

A priest who lacking the necessary jurisdiction, presumes (praesumpserit) to hear sacramental confessions is automatically suspended from divine acts.

ARTICLE XXI

Section 1.

The ordinary minister of the sacrament of the anointing of the sick, is the pastor in the place in which the sick person is staying. However, in case of necessity, or with at least the reasonably presumed permission of the pastor or the local Ordinary, any other priest may administer this sacrament.

Section 2.

A pastor must carefully keep the oil of the sick locked in a safe and fitting place in the church, but not at home except in case of necessity, or for some other lust reason, with the permission of the Ordinary.

Section 3.

Anointing of the sick can be administered only to one of the faithful, who after attaining the use of reason is in danger of death because of sickness or old age.

Section 4.

When there is doubt whether the sick person has attained the use of reason, whether he is truly in danger of death, or whether he is already dead, the sacrament is to be conferred conditionally.

Section 5.

The sacrament is to be conferred absolutely [i.e., without any condition] on those sick persons who, while they were conscious asked for the sacrament at least implicitly, or very likely would have asked for it, even though they have not become unconscious or have lost the use of reason.

Section 6.

This sacrament is not to be administered to those who contumaciously remain impenitent in manifest mortal sin; but if there is doubt in regard to this it is to be conferred conditionally.

Section 7.

When the minister has no doubts about the recipient's intention to receive the sacrament, but doubts the person's disposition so that it is doubtful whether the sacrament will be fruitful, the sacrament is administered absolutely and not conditionally.

The sacrament of anointing of the sick cannot be administered a second time during the same illness, unless the sick person has recovered after he was anointed and then fell again into the danger of death.

Section 9.

The anointings are to be made exactly with the words, and in the order and manner prescribed in the Ritual. The anointing of the feet may be omitted for any reasonable cause. Except in cases of grave necessity the minister shall perform the anointings with his hand, and shall use no instrument.

Section 10.

In case of necessity one anointing on only one of the senses, or better on the forehead, with the short form suffices; there is an obligation to supply the individual anointings when the danger has passed.

Section 11.

When the last rites are given without interruption, the sick man is to be anointed after he has made his confession and before he receives Viaticum.

Section 12.

If a dying Protestant or separated Eastern Christian is unconscious [sensibus destitutus], he may be given absolution and the anointing of the sick conditionally [if the sacrament is valid or if you are capable] if one has reason to think that the person lived in good faith and would welcome the help of the priest if he knew it to be necessary.

Section 13.

If a dying Protestant or separated Eastern Christian is conscious [sensibus non destitutus], and there exists a good reason to think that formal conversion to Catholicism is possible, then the priest is to lead him to renounce his errors and to make a formal profession of the Catholic faith. However, since most of these persons are in complete good faith, there is every reason to fear that attempts in this direction may destroy the good faith of the dying person and thus endanger his salvation.

ARTICLE XXII

Section 1.

The bodies of the faithful are to be buried in a cemetery which1 in accordance with the rites prescribed in the liturgical books, has been blessed or consecrated. In places where it is not possible to have Catholic cemeteries the local Ordinary shall see to it that the public cemeteries are blessed if the majority of persons who are buried there are Catholics, or at least that Catholics have in these cemeteries a special section for their own exclusive use and that this section be blessed. If even this cannot be done, then the individual graves are to be blessed in each particular burial.

Section 2.

Those who have died without baptism are not to be admitted to Christian burial. However, catechumens who, through no fault of their own, died without baptism, are to be treated as the baptized [and hence given Christian burial]. Finally all [Catholic] baptized persons are to be given Christian burial unless they are expressly deprived of it by law.

Section 3.

Unless before death they shall have manifested some signs of repentance or conversion, the following are not to be given ecclesiastical burial;

a] Those who are notorious apostates from the Christian faith, and those persona who are known to belong to a non-Catholic church, an atheistic sect, the Masonic order or other societies of the same kind.

b] Persons under excommunication or interdict following a condemnatory or declarative sentence.

c] Those who, will full deliberation, have committed suicide. If there exists a reasonable doubt as to full deliberation, the person is not to be denied ecclesiastical burial. Scandal will be unlikely where it is commonly known that the suicide probably resulted from a nervous or mental disorder. Publicity and solemnity should, in as far as possible, be avoided.

d] Those who have died in a duel or from a wound received in a duel.

e] Those who have ordered the cremation of their body, but only if it is proved that cremation was chosen because of the denial of Christian dogmas, because of a sectarian spirit or because of hatred for the Catholic religion and the Church.

f] Public and manifest sinners.

Section 4.

The above mentioned are not excluded from ecclesiastical burial if before they died they gave signs of repentance. If doubt should arise in any of these cases, the Ordinary is to be consulted, if time permits; if the doubt cannot be resolved, the body of the deceased is to be given Christian burial, in such wise, however, that scandal is prevented. v.g., by divulging the fact that the person showed signs of repentance before death, etc.

Section 5.

When a person has been deprived of ecclesiastical burial, any kind of funeral Mass, even an anniversary Mass, as well as other public funeral services must also be denied.

Section 6.

When the priest, requested by the family of the deceased, conducts funeral services or leads prayers at the wake for those who are not Catholics, burial in a Catholic cemetery may be permitted, especially to spouses and relatives of Catholics. Even in those cases where the priest does not conduct any service for the deceased, it is permissible, in consideration of a bond of consanguinity or of marriage, to bury non-Catholics in the family vault or plot of Catholic families in a Catholic cemetery. On the occasion of burials in Catholic cemeteries of those who were not Catholics it is recommended that clergymen of other churches be permitted to conduct graveside services. In this matter, it is the local Ordinary who has the authority to make final dispositions and decisions.

Section 7.

Where no Catholic cemetery is available, it will be necessary to bury the bodies of deceased Catholics in non-Catholic cemeteries. Moreover, even though there may be a Catholic cemetery in the place, it may be permissible for a Catholic to be interred in a non-Catholic cemetery, v.g., a convert whose surviving relatives" have a private plot; a Catholic who, in good faith, acquired a plot in a non-Catholic cemetery. whenever a Catholic is lawfully buried in a non-Catholic cemetery, those ecclesiastical rites, which are normally carried out at the graveside, including of course the blessing of the grave, may be permitted in the non-Catholic cemetery.

Section 8.

Infants of Catholic parents who die without baptism are not granted ecclesiastical burial; however, they may and should be buried in an unblessed portion of the blessed cemetery. In particular;

a] If the mother and fetus die together; the unbaptized fetus, which has remained in the mother's womb, and the mother are buried together in consecrated ground.

b] If the baby is born but both mother and child die; if the baby had not been baptized through no fault of the parents, it is probable that both mother and child may be buried together in consecrated ground.

c] In doubt as to whether the infant had been baptized or had been validly baptized, ecclesiastical burial is to be granted.

Section 9.

The church for the funeral is that of the proper parish of the deceased unless he had chosen another church. If the deceased had several proper parishes [v.g., by reason of domicile and quasi-domicile], the church for the funeral is the church of the parish in which the person died.

Section 10.

If a person [student, professor, servant, dies in the diocesan seminary he is to be buried from the seminary chapel by the rector of the seminary.

Section 11.

Men religious, clerical or lay, exempt nor non-exempt, are buried from the church or oratory of their own house or at least of their own institute; if this cannot be done because they died far away from their house, they are buried from the church of the parish in which they died unless the superior wishes to transfer the body to a church of the institute.

Section 12.

Women religious who die in the religious house are buried from the church or oratory of the institute if the religious house is not subject to the jurisdiction of the pastor, and the funeral service is conducted by the chaplain, women religious not exempted from the parochial jurisdiction are buried from the parochial church by the pastor.

Section 13.

The cemetery, which the deceased has lawfully chosen, receives preference over all others. if no choice of cemetery has been made by the deceased, the body is to be buried in the family cemetery or the family plot. a wife is legally interred in the cemetery of her husband. If no such family plot exists, the body is to be buried in the cemetery of the church from which it was buried.

Section 14.

When the pastor lawfully buries a person from his church. he is the lawful minister of the service. Hence, in the cases mentioned above, when the parish church is the lawful place of the funeral, the pastor is the lawful minister of the service.

Section 15

If the place of the funeral services is a church of regulars or some other church exempted from the parochial jurisdiction [v.g., the chapel of the diocesan seminary] the service is conducted by the rector of that church or chapel.

Section 16.

The minister for the funeral services of women religious; see. Section 12 of this Article.

Section 17

The minister of the funeral services of men religious:

a] in clerical institutes; when burial is from the church of the institute, the religious superior is the minister of the service. If burial is from the parish church of the place where the religious died, the pastor of the church is the minister of the funeral.

b] in lay institutes; when burial is from the church of the institute, the chaplain or the pastor is the minister of the service depending on whether the religious are exempted from the pastor's jurisdiction or not. if the burial is from the parish church, the pastor is the lawful minister of the service.

Section 18.

In the transfer of a body for reburial after exhumation [v.g., in the case of a soldier buried on foreign shores], if the burial ceremonies were observed in the first burial, none are prescribed in the second. If they are held, they are not reserved as of right to any particular pastor. If the due ceremonies were not observed in the first burial, they are to be performed in the second by the pastor of the deceased's domicile according to the ordinary norms of law.

ARTICEL XXIII

Section 1.

On Sundays and Holy Days there is an obligation to attend Mass; moreover, there is an obligation to abstain from servile work1 judicial acts and, unless the contrary is permitted by lawful custom or particular indults, from public marketing, gatherings of merchants and customers, and any other kind of public commercial occupation involving buying and selling.

Section 2.

In judging what type of work is servile work, the authors commonly look to the nature of the work, regardless of whether compensation is received for it or not. Historically and socially, that work is looked upon as servile which was performed by servants and slaves in former times. Hence, servile work is primarily manual labour, work, which is performed more with the body than with the mind.

Section 3.

The judicial acts that are forbidden are those performed with the observance of legal formalities [cum strepitu judiciali], whether the judicial process be civil or criminal, secular or ecclesiastical.

Section 4.

The public commercial occupations that are forbidden include the operation of grocery stores and markets, stock and commodity exchanges, downtown department stores, suburban shopping centres, auctions, bargain sales, etc.

Section 5.

Dispensation from the observance of feasts is granted in accord with the following norms:

a] Diocesan Bishops in virtue of their general dispensing power, may, in particular cases, dispense the faithful over whom they exercise authority from the observance of feasts. The particular case includes not only individual members of the faithful, but also a community in the strict sense.

b] Not only local Ordinaries but also pastors, in single cases and for a just cause, can dispense individual persons and families subject to them, even outside their territory, and in their territory also travelers [peregrini], from the common law of the observance of feast days.

c] In clerical exempt institutes, the superiors [even local] enjoy the same faculty to dispense as pastors. This faculty may be used in favour of their own subjects, and also in favour of those who are not their subjects, but who stay in the religious house day and night as servants, pupils, guests or patients.

Section 6.

The law of abstinence forbids the eating of meat, but not eggs, milk products, nor condiments of any kind, even though made from animal fat. The law of fast prescribes that only one full meal a day be taken. it does not forbid the taking of some food in the morning and evening, but approved local usage must be observed in regard to the quantity and quality of the food.

Section 7.

Days of Abstinence and Fast. According to the common law:

a] The law of abstinence must be observed on all Fridays, which are not holy days of obligation.

b] The law of fast and abstinence must be observed on Ash Wednesday and the Friday of the Passion and Death of the Lord.

Section 7.

Apostasy is complete defection from the faith on the part of one who received the true faith in Baptism.

Section 8.

Heresy is an error of judgment in consequence of which a baptized person obstinately denies or doubts a truth revealed by God and proposed by the Church for belief.

Section 9.

The obligation of saying the Divine Office is a grave one for all clerics in Sacred Orders, for those who have benefices for religious who have solemn vows in communities that have the choir obligation, excepting the lay Brothers and lay Sisters.

Section 10.

Clerics should lead a spiritual life more holy than the laity to whom they should be an example of virtue and upright life.

Section 11.

A cleric should continue his studies after his ordination especially his study of the sacred sciences.

Section 12.

All clerics are obliged to wear a becoming clerical garb, in accordance with the legitimate customs of the country and the regulations of their bishops.

Section 13.

Clerics should refrain from all amusements and occupations unbecoming to their sacred calling.

Section 14.

Medicine and surgery may be practiced by the clergy only with an primatial indult. Public offices that imply the exercise of lay jurisdiction or administration may not be held by clerics. Legal vocations are forbidden to clerics; wherefore they may not appear as counsel or attorney. They should not act as witnesses in important criminal trials except in case of necessity.

Section 15.

Private administrations of the goods and property of lay people and secular offices that impose the obligation of rendering an account' are forbidden to clerics without the permission of the Primatial See.

Section 16.

Business enterprises are forbidden to clerics whether conducted personally or through others, either for their own benefit or for the sake of others.

Section 17.

The "Privileglum canonis" protects clerics against personal injury. Whoever inflicts a personal injury on a cleric becomes guilty of a sacrilege.

Section 18.

The "Privileglum immunitatis" exempts the clergy from all civil duties and offices alien to their state.

Section 19.

The "Privileglum competentiae" permits an insolvent cleric to retain what is necessary to live in accordance with the clerical state.

Section 20.

An ecclesiastical penalty is the deprivation of some good inflicted by legitimate ecclesiastical authority for the betterment of the delinquent or in punishment of an offense.

Section 21.

An excommunication excludes a person from the communion of the faithful and carries with it certain other consequences.

Section 22.

An interdict deprives the faithful of certain spiritual goods without their being denied communion with the Church.

Section 23.

Suspension is a censure depriving a cleric of the right to exorcise the duties of his office and his power of orders, or to perceive the fruits of his benefice, or both.

Section 24.

Vindictive penalties may be inflicted upon all members of the Church [clerical and lay], or they may be applicable only to the clergy whenever they restrict the rights proper to the clerical state.

Section 25.

Penalties are either latae sententiae or ferendae sententia, according as they are incurred ipso facto by the commission of an offense, or must be inflicted by the judge.

Section 26.

Penalties may be either a jure or ab homine depending upon whether the punishment is designated in the law itself or is expressly imposed by special precept or by a condemnatory judicial sentence.

Section 27.

For a delinquent to incur an established penalty it is required:

[i] that there be an external act

[ii] that the offense be complete, according to all the characteristics of such a transgression

[iii] that a mortal sin be committed

[iv] that the delinquent [in case of a censure] be obstinate.

Section 28.

Accomplices incur the same penalty as the principal agent even though they are not expressly mentioned In the law, provided they really conspire and physically concur in the execution of the offense, or provided the offense is of such a nature that it requires an accomplice, or if without their co-operation the offense would not have been committed.

Section 29.

Affected ignorance does not excuse from any penalty latae sententiae whether the ignorance concerns the law itself or only its penalty.

Section 30.

Ignorance of the penalty or of the law does not excuse from a penalty latae sententiae if expression like those mention are not used in the text of the law and the ignorance is crass or supine; but if the ignorance is not crass or supine it excuses from censures latae sententiae; not, however, from vindictive penalties.

Section 31.

Grave fear does not excuse from penalties latae sententiae if the law contains no expressions such as "whoever presumes to" etc. and the offense implies contempt of the faith or ecclesiastical authority or the public detriment of souls.

Section 32.

Children do not incur censures latae sententiae before the age of puberty.

Section 33.

Censures cease only by absolution. In danger of death any priest may absolve from all censures without exception; in certain cases there remains the subsequent obligation of having recourse to the proper authorities.

ARTICLE XXVII

Section 1.

Jurisdiction in the external forum provides primarily and directly for the common and public good of the Church; it regulates the social action of the faithful, their relationship to the external and visible society of the Church. Therefore, it is exercised publicly and has public juridical effects.

Section 2.

Jurisdiction in the internal forum, the forum of conscience, provides primarily and directly for the private welfare of the faithful; it regulates their private actions and their moral relationship to God. Therefore it is exercised privately and confidentially, often in complete secrecy, and has no public juridical effects unless these are expressly granted by the law or by the action of some competent superior.

Section 3.

Ordinary jurisdiction is that which is attached to an office by the law itself; all other jurisdiction is delegated, i.e., committed to a person by one who possesses it as ordinary power.

Section 4.

One who has ordinary power of jurisdiction can delegate it in whole or in part to another, unless the law expressly provides otherwise.

Section 5.

Jurisdiction delegated by the Primatial See can be sub-delegated either for a single act or habitually, unless the person delegated was chosen because of his personal qualifications, or sub-delegation is forbidden.

Section 6.

Power delegated for comprehensive agency [ad universitatem negotiorum] by one who, though subordinate to the Archbishop-Primate, possesses ordinary power, can be sub- delegated in individual cases.

Section 7.

No sub-delegated power can again be sub-delegated unless the power to do so has been expressly granted by the person who, in virtue of ordinary jurisdiction, first delegated the power in question.

Section 8.

The power of orders attached to an office or entrusted to a person by a competent ecclesiastical superior cannot be transferred to another, unless this is expressly permitted by law or indult.

Section 9.

The power of jurisdiction can be exercised directly only upon one's subjects.

Section 10.

Judicial power, whether ordinary or delegated, can never be exercised for one's own benefit; nor, apart from certain exceptions, can it be exercised outside one's own territory.

Section 11.

Unless the subject matter of a case does not permit it or the law rules otherwise, voluntary or non-judicial power of jurisdiction can be exercised even in one's own favour, while a person is outside his territory, or on behalf of a subject who is absent from his territory.

Section 12.

An act of ordinary or delegated jurisdiction, which has been granted for exercise in the external forum, is valid also in the internal forum. but not vice versa, i.e., in the case of jurisdiction granted for the internal forum, an act generally produces no effects in the external forum. Power conferred for the internal forum can be exercised in the internal extra-sacramental forum, unless its exercise is limited to the sacramental forum. If the forum for which a certain power was granted is not specified, then the jurisdiction is understood as granted for both the internal and the external forum, unless the contrary is evident from the nature of the case.

Section 13.

Delegated power expires:

a] When the commission for which it was given is fulfilled;

b] When the time of delegation or the number of cases for which it was given has run out.

c] When the motivating cause of the delegation has ceased;

d] By revocation on the part of the delegating authority, upon direct notice thereof the delegate;

e] By renunciation on the part of the delegate. upon direct notice to and acceptance thereof by the delegating authority.

Delegated power does not expire because of loss of authority on the part of the person who delegated, except in two cases, namely:

[i] When the delegation was thus limited by clauses attached to it [v.g., "according to our good pleasure"];

[ii] When one has been delegated to grant a favour to certain specified persons, and the actual granting of the favour has not yet reached even the initial stage where at least a simple preparatory act has been performed.

Section 14.

Ordinary power expires only with the loss of the office to which it is attached.

Section 15.

In the case of power, which has been granted for the internal forum, an act is valid even though, through inadvertance, it has been placed after the time of the delegation or the number of cases for which it was given has run out.

Section 16.

In common error, the Church supplies jurisdiction for both the internal and external forum. The error here envisioned concerns the existence of jurisdiction: it is based upon a factual situation which gives rise to the belief that a person has jurisdiction, whereas he possesses none at all. Common error, as opposed to merely private error, affects some sort of community and is, in some manner, common to the people of the diocese, parish, religious community, etc. However, in order for common error to exist, it is not at all required that the majority of the persons in a place actually elicit a false judgment concerning the existence of a public fact which normally is capable of leading people into error; there exists a public circumstance from which all reasonable persons, without any error law, would naturally conclude that jurisdiction exists. To establish common error, it is sufficient that the greater part of the people, if asked, would reply erroneously concerning the existence of jurisdiction in a given case. Because of the presence of certain concrete public circumstances, the foundation of common error is laid, so that those who encounter this situation will quite naturally fail into error. It is not necessary that a number of persons actually err concerning the existence of jurisdiction; the Church supplies jurisdiction in the case of only one person who is actually in error. Note that common error is based on actual consideration of a concrete set of facts; it is founded on a reasonable conclusion from a given practical situation, not a mere assumption or on ignorance. General erroneous beliefs [errors of law] are Insufficient foundation for common error.

Section 17.

In positive and probable doubt of law or of fact, the Church supplies jurisdiction for both the internal and the external forum. A doubt is positive and probable when there is a good and serious reason to conclude that one has jurisdiction, although there is also good reason to say that one has not. The mind, therefore, is unable to reach a certain judgment concerning the possession of jurisdiction. A doubt of law regards the existence, the extent or the meaning of the law. A doubt of fact regards the existence of some circumstances, which the law certainly requires in order that an act be included within its ambit. Once the situation of positive and probable doubt is verified, the Church supplies jurisdiction to cover the case in question. No special reason whatsoever is required for the licit use of this supplied jurisdiction.

Section 18.

Laws, even invalidating and incapacitating laws, do not bind in case of a positive doubt of law; in a case of positive doubt of fact, Ordinaries may dispense, provided the law concerned is one from which the Primatial See usually dispenses.

Section 19.

Ordinaries subordinate to the Archbishop-Primate may dispense in particular cases from general laws of the Church, but only in cases in which recourse to the Archbishop- Primate is difficult and there is danger of grave harm in delay, provided that the dispensation in question is one which the Primatial See is wont to grant.

Section 20.

Bishops and other local Ordinaries can dispense from diocesan laws and. in particular cases only, from laws of a provincial council, not however from laws which the Primatial See has specially enacted for that particular territory.

Section 21.

The Code grants pastors and confessors faculties to dispense from many of the more common obligations, and, in urgent cases, from more important obligations.

Section 22.

A dispensation from ecclesiastical law, is not to be granted without a just and reasonable came, taking into consideration the gravity of the law from which the dispensation is given: otherwise the dispensation, if given by anyone subordinate to the legislator himself, is both illicit and invalid. The spiritual good of the faithful is always legitimate cause for a dispensation. When there is doubt concerning the sufficiency of the reason for the dispensation, it may nevertheless be licitly asked for and lawfully and validly granted.

Section 23.

A dispensation which is personal can be used anywhere, v.g., an individual who is dispensed from fasting need not fast even when he is outside his own diocese.

Section 24.

A dispensation which is local is restricted to a determined place, v.g., a diocese, city or parish. It can be used by all who are in that place, but by no one outside that place.

Section 25.

A dispensation which is mixed, i.e., both personal and local, may be used by anyone in the territory, and by the residents or subjects of the territory even when they are outside the territory.

Section 26.

A dispensation which is granted for a single act [unica or simplex], once it has been put into effect, produces a situation where the law which was relaxed can never again be effective in the same case, v.g., a dispensation from today's fast. Moreover, once such a dispensation has been granted, it does not cease, even though its motivating cause should cease during the interval between the concession and use of the dispensation. However, as long as the dispensation has not been used, it can be recalled by the legislator.

Section 27.

A dispensation which as recurring applications, v.g., from abstaining on Fridays, or from reciting the Divine Office, expires:

a] By revocation, provided the dispensed person is notified of this;

b] By renunciation, provided the renunciation is accepted by the dispensing superior;

c] When the period of time for which the dispensation was granted has run out, or of the number of times for which the dispensation was given;

d] By the certain and compete cessation of the motive cause for the dispensation.

Section 28.

Apart from dispensations, there are other causes, which may release one from the obligation to fulfill a law. These causae deobligantes may be either exempting causes [causae eximentes] or excusing causes [causae excusantes].

[i] Exempting causes are those in virtue of which one ceases to be a subject of the law. These causes may actually remove the subject from the jurisdiction of a superior.

[ii] Excusing causes are those which render the observance of the law impossible or extremely difficult. In such a situation, a person remains a subject of the law, but is not bound to observe it.

a] Ignorance, inadvertence and error constitute excusing causes from the imputablilty of a violation of the law. Since these factors render an act involuntary, at least to some extent, they prevent a true violation of law with its consequent effects, with certain notable exceptions.

b] Physical impossibility exists when compliance with the with the law is simply beyond human capability; such impossibility certainly excuses from the observance of law, since no one can be obliged to perform what is not possible.

c] Moral impossibility arises when the observance of the law is rendered very difficult by reason of grave fear, serious harm or inconvenience, which may accidentally be connected with the fulfillment of the law in question. Note that the inconvenience, etc., must be extrinsic to the law itself; if these factors are intrinsically bound up with its observance, they must be regarded as foreseen by the lawgiver, and therefore borne by the subjects. However, moral impossibility sometimes excuses from ecclesiastical law, because the legislator is not presumed to impose his law on his subjects with resulting notable inconvenience.

Section 29.

Epikeia is a benign interpretation of the mind of a human legislator, according to what is equitable and good, with the result that a particular unforeseen case, because of special circumstances, is withdrawn from the disposition of the clear words of the law and treated according to the interpretation of the lawgiver's mind. In so doing, although one does not comply with the strict letter of the law, he does comply with the intention of the lawgiver. It is presumed that, according to the virtue of epikeia, the lawgiver does not wish to extend his law to this particular case, which is surrounded by altogether special and particular circumstances, even though, according to the strict wording of the law, it is included. The reason for this presumption is that the lawgiver Intends to legislate for those situations which commonly arise; he cannot possibly foresee all the diverse circumstances, which can arise in concrete cases. Hence, it is quite legitimate to presume according to prudent judgment that, had the lawgiver foreseen this particular unusual case, he would not wish to include it in his law.

ARTICLE XXVIII

Section 1.

Bound to the observance of merely ecclesiastical laws are the baptized who have attained the use of reason and have completed their seventh year of age, unless the contrary in expressly provided for in the law.

Section 2.

Bound by the laws made for a particular territory are those persons for whom they are made, who have a domicile or quasi-domicile there, and at the same time are actually staying there.

Section 3.

Travelers are not bound by the particular laws of their territory while they are absent from it, unless the transgression of these laws would bring harm to their home territory, or unless the laws are personal.

Section 4.

Travelers are not bound by the particular laws of the territory in which they are staying, with the exception of those laws which concern the public order or which determine the formalities of legal procedure.

Section 5.

Travelers are bound by the general laws of the Church, even though some of these laws may not oblige in their own home territory: however, they are not bound by those general laws which do not oblige in the territory where they are staying.

Section 6.

Wanderers, i.e., persons who have no domicile or quasi-domicile, anywhere, are obliged by both the general and the particular laws, which are binding in the place where they are staying.

Section 7.

Domicile is acquired either by living in a parish, diocese, with the intention of remaining permanently unless called away, or by actually living in this place for ten years.

Section 8.

Quasi-domicile is acquired either by living in a parish, diocese, with the intention of staying there at least for the greater part of the year unless called away, or by actually living in this place for the greater part of the year.

Section 9.

A wife not legally separated from her husband necessarily retains the domicile of her husband; an insane person, the domicile of his guardian; a minor, the domicile of his parents or legal guardians.

Section 10.

By both domicile and quasi-domicile a person obtains his proper pastor and Ordinary. The proper pastor and the Ordinary of a wanderer is the pastor and local Ordinary of the place where the wanderer is actually staying. Those, also, who have only a diocesan domicile or quasi-domicile obtains as their proper pastor, the pastor of the place in which they are actually staying.

ARTICLE XXVIX

Section 1.

Marriage of baptized persons is governed not only by the divine law but also by canon law, without prejudice to the competence of the civil power in relation to the purely civil effects of marriage.

Section 2.

The marriage of two non-baptized persons is subject to the competence of the State. Hence the civil power may enact laws requiring formalities to be observed for the validity of the marriage contract and may also establish impediments to the valid celebration of marriage. One must consult the laws of the various civil authorities to ascertain which affect the validity and which only the licitness of the marriage. As is evident, a civil law contrary to divine law is invalid.

Section 3.

Marriage enjoys the favour of law; hence in doubt one is to hold for the validity of the marriage until the contrary is proved.

Section 4.

The pastor who has the right of assisting at the marriage shall first, and in due time, diligently investigate whether there exists any obstacle to the contracting of the marriage.

Section 5.

He shall ask the bride and groom separately whether they are under any impediment, whether they give consent freely [especially the woman], and whether they are sufficiently instructed in Christian doctrine, unless in view of the character of the parities, this last question should seem superfluous.

Section 6.

If there are suspicions concerning a party's freedom to marry, or if a party has lived after puberty in many places, the pastor should collect additional evidence and proofs to ascertain the party's freedom. In danger of death, however, if other proofs cannot be had, and in the absence of indications to the contrary, the sworn statement of the contracting parties that they have been baptized and are under no impediment is considered sufficient proof of freedom to marry.

Section 7.

Except in case of necessity a pastor shall never assist at the marriage of a wanderer unless he shall have first brought the matter to the attention of the local Ordinary or a priest delegated by him and obtained permission to assist at the marriage.

Section 8.

The pastor shall earnestly warm minor sons and daughters not to contract marriage without the knowledge or against the reasonable wishes of their parents. If they refuse to obey, he shall not assist at their marriage without previous consultation with the local Ordinary.

Section 9.

The pastor must publicly announce the parties between whom a marriage is to be contracted. The proclamation of marriage must be made by one's proper pastor.

Section 10.

If after reaching the age of puberty [fourteen for boys, twelve for girls], a party has dwelt for six months in another place, the pastor shall explain the matter to the Ordinary, who shall demand that the publications be made there or shall prescribe the collection of other proof and evidence in regard to the freedom of the party to marry.

Section 11.

The publications are not made in the case of marriages contracted with a dispensation from the impediment of disparity of cult or of mixed religion, unless the local Ordinary deems it advisable to have them made, scandal being excluded, and provided that a dispensation from the impediment shall have been granted beforehand. No mention is made of the religion of the non-Catholic party.

Section 12.

The proclamations shall be made in church on three successive Sundays during the parochial Mass or during other sacred functions attended by a large number of the faithful.

Section 13.

If they know of any impediments to the marriage, all the faithful are obliged to reveal them to the pastor or the local Ordinary before the celebration of the marriage.

Section 14.

The local Ordinary can for a just cause dispense from the publications, even from those which should be made in another diocese. If there are several proper Ordinaries, the tight of dispensing belongs to the one in whose territory the marriage is to be celebrated; if the marriage is to be celebrated outside the territory of all, the right belongs to any of the proper Ordinaries.

Section 15.

If the law of the proclamations cannot be observed without grave harm the law does not bind. Hence in cases where it is not possible to obtain a dispensation from the Ordinary in time to avert danger of grave harm the proclamations may be omitted.

Section 16.

Unless the baptism was conferred in his own territory, the pastor shall demand a testimonial of the baptism of both parties, or, in marriages contracted with a dispensation from the impediment of disparity of cult, of the Catholic party only.

Section 17.

If another pastor has conducted an investigation or has announced the banns he shall immediately send an authentic notifications of the outcome of the investigations and publications to the pastor who is to assist at the marriage.

Section 18.

At the conclusion of the investigation and of the publications, the pastor shall not assist at the marriage until he has received all the required documents, and, unless a reasonable cause suggest contrary action, until three days have elapsed from the last publication.

Section 19.

The pastor shall not fail to instruct the parties on the sanctity of the sacrament of matrimony, the mutual obligations of the spouses and the obligations of parents toward their children; he shall also urge them strongly to confess their sins before the celebration of the marriage and to worthily receive Holy Communion.

Section 20.

Impediments may be of divine law [v.g., impotence] or of human law [v.g., public propriety].

Section 21.

Impediments are said to be absolute if they prohibit marriage with any person [v.g., age] and relative if they prohibit marriage with some particular person only [v.g., consanguinity].

Section 22.

An impediant [prohibiting] imposes a grave prohibition against the contracting of marriage but it does not render invalid a marriage contracted in spite of the impediment.

Section 23.

A diriment impediment both gravely prohibits the contracting of marriage and prevents it from being contracted validly.

Section 24.

An impediment is regarded as public when it can be proved in the external forum: otherwise it is occult. A case is still to be considered occult if the impediment is by nature public but is in fact occult. Thus an impediment which is public by nature [because it arises from a fact which is in itself public], v.g., consanguinity age, sacred orders, affinity, etc., can be occult in fact because it is not known and not likely to become known. A public case is one in which the impediment is known or very likely will become known. In the use of his faculties and in the granting of dispensations an Ordinary may accept this distinction of public and occult.

Section 25.

Possibility of proof in the external forum is had when the impediment can be proved by an authentic document or by two witnesses giving concordant testimony of things of which they have personal knowledge, or by the testimony of an official in reference to matters pertaining to his office, v.g., a pastor asserting he assisted at a certain marriage, also by the testimony of experts or by the confession of the party made in court. Note however that proof in the external forum must be possible not theoretically only but also practically, i.e., in the concrete case the impediment can be proved.

Section 26.

An impediment may be doubtful either by doubt of law or by doubt of fact. If the impediment is one of merely ecclesiastical law, the impediment does not bind If the doubt is a positive doubt of law; if it is a doubt of fact the Ordinary can dispense if there is question of an impediment from which the Archbishop-Primate is wont to dispense.

Section 27.

If the impediment is one of divine law, ordinarily it is illicit to proceed to the marriage, whether the doubt be of law or of fact, for probabilities will not make the sacrament valid. Exceptional cases will be treated under the individual impediments. In cases where the divine law does not invalidate but simply prohibits a marriage, a doubt of law would ordinarily excuse one from the impediment.

Section 28.

Impediments are of minor or of major degree. The impediments of minor degree, namely, such are more easily dispensed from

a] Consanguinity in the third degree of the collateral line;

b] Affinity in the second degree of the collateral line;

c] Public propriety in the second degree;

d] Spiritual relationship;

e] Crime resulting from adultery with the promise of marriage or an attempted marriage made through even a civil ceremony.

All other impediments are of major degree.

Section 29.

It belongs exclusively to the supreme ecclesiastical authority to declare authentically when the divine law forbids or invalidates marriage. It also belongs as an exclusive right to the same supreme authority to establish, by either universal or particular law, other impediment or diriment matrimonial impediments for the baptized.

Section 30.

Local Ordinaries are authorized, in regard to all actually dwelling within the limits of their territory and to their subjects even when outside their territory, to prohibit marriage in a particular case, but only temporarily and for a just cause, and only for as long as the just cause lasts.

Section 31.

A diriment impediment of merely ecclesiastical law can cease in some circumstances without a dispensation, namely, through the application of epikeia. The common opinion holds that if the matrimony is necessary to avoid great evils, especially spiritual evils, and the possibility of obtaining a dispensation is excluded for a long time, epikeia may be used.

Section 32.

An impediment or prohibiting impediment imposes a grave prohibition against the contracting of marriage but it does nor invalidate a marriage contracted in spite of the impediment.

Section 33.

Marriage is rendered illicit by the simply vows of virginity, of perfect chastity, of not marrying, of receiving sacred orders, and of embracing the religious state.

Section 34.

Since it is the vow that constitutes the impediment, the impediment ceases in all those ways in which a vow may cease.

Section 35.

In those countries in which legal relationship arising from adoption renders marriage illicit according to the civil law, marriage is illicit also according to Canon Law.

ARTICLE XXX

Section 1.

A marriage between two baptized persons, of whom one is a Catholic, while the other is a baptized non-Catholic, may not licitly be contracted without the previous dispensation of the local Ordinary given for a just cause, since such a marriage is by its nature an obstacle to the full spiritual communion of the married parties.

Section 2.

To obtain from the local Ordinary a dispensation from the impediment the Catholic party shall declare that he is ready to remove dangers of falling away from the faith. He is also gravely bound to make a sincere promise to do all in his power to have all the children baptized and brought up in the Catholic faith.

Section 3.

At an opportune time the non-Catholic must be informed of these promises which the Catholic party has to make, so that it is clear that he is cognizant of the of the promise and obligation on the part of the Catholic.

Section 4.

The priest who submits the request for the dispensation from the impediment to a mixed marriage shall certify that the declaration and promise have been made by the Catholic and that the non-Catholic has been informed of this requirement so that it is certain that he [she] is aware of the promise and obligation on the part of the Catholic.

Section 5.

Residential Bishops may dispense from the impediment of mixed religion. They may also dispense in virtue of urgent cases.

Section 6.

The canonical form is required for the validity of a mixed marriage.

Section 7.

If serious difficulties stand in the way of observing the canonical form, the local Ordinary has the right to dispense from the canonical form in any mixed marriage, provided however that some public form of ceremony is used. This dispensation is given by either the local Ordinary of the Catholic party or the Ordinary of the plane where the marriage is to occur. Examples of just pastoral reasons for the granting of the dispensation are avoidance of family alienation, the winning of parental agreement to a marriage, a tie of relationship with a non-Catholic minister.

Section 8.

The priest who submits the request for the dispensation has the responsibility to see to it that after the marriage ceremony is performed:

[i] a notice of the marriage is sent to the chancery office of the diocese, which granted the dispensation from the impediment, and to the place of baptism of the Catholic party, so that a record of the marriage may be made.

[ii] the marriage is recorded in the marriage records of the pariah from which application for the dispensation was made.

Section 9.

The marriage of a Catholic to an unbaptized person follows the rite of marriage of the Roman Ritual. The marriage between a Catholic and a baptized non-Catholic follows the rite in the Roman Ritual, or with the local Ordinary's consent the rite for the celebration of marriage within Mass, the prescriptions of the general law with regard to Eucharistic Communion remaining intact.

Section 10.

With the permission of the local Ordinary and the consent of the appropriate authority of the other church or community, a non-Catholic minister may be invited to participate in the Catholic marriage service by giving additional prayers, blessings, or words of greeting or exhortation. If the marriage is not part of the Eucharistic celebration, the minister may also be invited to read a lesson and/or to preach.

Section 11.

When a dispensation from the Catholic canonical form has been granted and the priest has been invited to participate in the non-Catholic marriage service, with the permission of the local Ordinary and the consent of the appropriate authority of the other church or Communion, he may do so by giving additional prayers, blessings or words of greeting and exhortation. If the marriage service is not part of the Lord's Supper or the principal liturgical service of the Word, the priest, if invited, may also read a lesson and/or preach.

Section 12.

The ordinary place of a mixed marriage is in the parish church or other sacred place. For serious reasons the local Ordinary may permit the celebration of a mixed marriage, [when there has been no dispensation from the canonical form and the Catholic marriage service is to be celebrated], outside a Catholic church or chapel, provided there is no scandal involved and proper delegation is granted.

Section 13.

If there has been a dispensation from the canonical form, ordinarily the marriage service is celebrated in the non-Catholic church.

Section 14.

The faithful shall likewise be deterred from contracting marriage with those who have either notoriously abandoned the Catholic faith, even though they have not become affiliated with a non-Catholic sect, or with those who have notoriously become members of societies condemned by the Church.

Section 15.

A pastor shall not assist at marriage of this kind without consulting the Ordinary, who after examination of all the circumstances, may permit him to assist at the marriage, provided a serious reason exists for this, and provided the Ordinary judges that there is sufficient guaranty of the Catholic education of all the children and of the removal of the danger of perversion of the other spouse.

Section 16.

If a public sinner or one who is notoriously under censure refuses to make a sacramental confession or to be reconciled with the Church before marriage, the pastor shall not assist at his marriage unless a serious reason demands it, regarding which he should, if possible, consult the Ordinary.

Section 17.

A valid marriage cannot be contracted by a man before he has completed the sixteenth year of his age, by a woman before she has completed the fourteenth year. Although a marriage contracted after the completion of the aforesaid ages is valid, nevertheless pastors of souls should endeavor to deter young people from marrying before the age at which, according to accepted usage of the country, marriage is usually contracted.

Section 18.

Practically all the States and Provinces have the impediment of nonage; however, there is variation as to its effect. One must consult the laws of the place in which ho exercises the ministry, for the impediment may be only impediment or also diriment; in some places the marriage may be validated upon the cessation of the impediment by mere cohabitation freely accepted and granted; In some places the judge or other public official is authorized to grant a dispensation from the impediment especially in cases of pregnancy. Practically all the States and Provinces have, besides the age at which the impediment of nonage is established, another and higher age under which parental consent is required. This latter form of impediment however is usually only a conditional prohibition in reference to the issuances of the marriage license and does not affect the validity of the marriage.

Section 19.

Antecedent and perpetual impotence, whether on the part of the man or woman, whether known to the other party or not, whether absolute or relative, invalidates marriage by the law of nature itself.

Section 20.

If the impediment of impotence is doubtful either by doubt of law or by doubt of fact, the marriage is not to be prevented.

Section 21.

Sterility neither invalidates marriage nor renders it illicit.

Section 22.

One who is bound by the bond of a prior marriage, even though the marriage was not consummated, invalidly attempts another marriage, without prejudice. however, to the privilege of the faith.

Section 23.

Even though a former marriage be invalid or dissolved for any reason whatever, it is not therefore allowed to contract another marriage until the nullity or dissolution of the former shall have been legally and certainly established.

Section 24.

A marriage is valid if contracted by an unbaptized parson with a person baptized in the Catholic faith or converted to the Church from heresy. Bound by the impediment of disparity of cult is anyone who has been baptized in the Catholic faith or converted to it, even though he later falls away from the Church and even if he joins a non-Catholic sect.

Section 25.

If at the time the marriage was contracted a party was commonly regarded as baptized, or his baptism was doubtful the marriage must beheld valid according to the norm of the Canons until it is certainly established that one of the parties was baptized and that the other was not.

Section 26.

The prescriptions laid down in the Canons in regard to mixed marriages must be applied also to marriages affected by the impediment of disparity of cult.

Section 21.

Clerics in sacred orders attempt marriage invalidly.

Marriage is invalidly attempted by religious who have taken either solemn vows, or simple vows, which by special provision of the Primatial See are endowed with the power of invalidating marriage.

Section 29.

It is provided that the Archbishop-Primate may grant dispensation in special cases of clerics contracting marriage and according to Article IV, Section 5.

Section 30.

Between an abducted woman and the man who has abducted her with a view to marriage there can be no marriage as long as the woman remains in the power of the abductor. As regards the nullity of marriage, the violent detention of a woman is regarded as equivalent to abduction, i.e., when with a view to marriage, a man violently detains a woman in the place where she is staying or to which she has freely come.

Section 31.

If the woman abducted, upon being separated from the abductor and placed in a safe place, consents to have him for her husband, the impediment ceases.

Section 32.

They cannot contract a valid marriage who, during the term of the same lawful marriage, commit adultery with each other and one of them commits conjugicide.

Section 33.

They cannot contract a valid marriage, who, even without committing adultery, have by mutual cooperation, physical or moral, killed the lawful spouse.

Section 34.

From the impediment of crime arising from adultery with a promise of, or attempt at, marriage, the Residential Bishop may dispense.

Section 35.

From crime arising from adultery with conjugicide, the local Ordinary may in virtue of the quinquennial faculties dispense if the crime is occult, provided the impediment incurred without the mutual cooperation of the parties.

Section 36.

In the direct line of consanguinity marriage is invalid between all in the ascending and the descending line, whether of legitimate birth or not. In the collateral line marriage is invalid to the third degree inclusively, but the impediment is multiplied only as often as the common ancestor is multiplied.

Section 37.

Marriage shall never be permitted as long as there remains some doubt whether the parties are blood relatives in any degree of the direct line or in the first degree of the collateral line.

Section 38.

Affinity in the direct line invalidates marriage in all degrees; in the collateral line, to the second degree inclusively. The impediment of affinity is multiplied as often as the impediment of consanguinity on which it is based is multiplied, or through a subsequent marriage with a blood relative of one's deceased spouse.

Section 39.

The impediment of public propriety arises from an invalid marriage, whether consummated or non-consummated, and from public or notorious concubinage; it invalidates marriage in the first and second degree of the direct line between the man and the blood relatives of the woman and vice versa.

Section 40.

Only spiritual relationship arising from baptism invalidates marriage. This relationship exists between the one baptizing and the person baptized as well as between the sponsors and the person baptized.

Section 41.

Those who are disqualified for marriage by the civil law because of legal relationship arising from adoption, cannot validly marry under Canon Law either.

ARTICLE XXXI

Section 1.

A dispensation is given in the external forum if the impediment is public; in the internal forum if the impediment is occult.

Section 2.

When the pastor asks for a dispensation in the external forum the petition is to be sent to the chancery office; if the Bishop has not faculties to handle the case, the chancery forwards the petition to the Archbishop-Primate.

Section 3,

No dispensation from an ecclesiastical law can be granted without a just and reasonable cause proportionate to the gravity of the law from which a dispensation is given; otherwise, a dispensation granted by a subordinate is illicit and invalid.

Section 4.

The Ordinary may use his power to dispense [whether ordinary or delegated] on his own subjects everywhere. The laws and indults granting the Ordinary various faculties to dispense usually also explicitly include the power to dispense pregrini, or all persons actually in his territory. If such a clause is not contained in the grant of faculties, we believe that the Ordinary may nevertheless use his faculties [whether ordinary or delegated] in favour of peregrini actually in his territory.

Section 5.

The Ordinary may dispense from impediments which are doubtful because of a doubt of tact provided there is question of an impediment from which the Primatial See is wont to dispense.

Section 6.

In danger of death, the local Ordinary, for the purpose of quieting Conscience and, in a proper case, of effecting the legitimation of children, both as to the form to be observed in the celebration of marriage, and as to each and every impediment of ecclesiastical law, public as well as occult, even though multiple, except the impediments arising from the sacred order of the priesthood and from affinity in the direct line based on a consummated marriage, can dispense their own subjects wherever they may dwell, and all persons actually staying in their territory, provided that scandal be removed and that, if a dispensation is granted from disparity of cult or mixed religion, the usual promises be given.

Section 7.

In the same circumstances as those mentioned in Section 6 of this Article, but only for cases in which not even the local Ordinary can be reached, the same faculty of dispensing is enjoyed by the pastor, the priest who assists at the marriage and the confessor, but the latter enjoys the faculty only for the internal forum in the course of a sacramental confession. The Ordinary is also considered out of reach, if he cannot be approached without danger of violating the sacramental seal.

Section 8.

Recording dispensations granted in danger of death; if the pastor or the assisting priest grant a dispensation for the external forum they are to inform the Ordinary, and to record the dispensation in the matrimonial register; if they dispense from occult impediments in the internal extra-sacramental forum, they are to inform the Ordinary so that the dispensation can be recorded in the secret archives of the Episcopal Curia. The confessor does not record the dispensation since he can give it in the sacramental forum only.

Section 9.

Local Ordinaries may dispense for all impediments of ecclesiastical law, public as well as occult, even though multiple, except the impediments arising from the sacred order of the priesthood and from affinity in the direct line based on a consummated marriage, whenever the impediment is discovered only when everything is already prepared for the marriage and the marriage cannot, without probable danger of grave harm, be deferred until a dispensation is obtained from the Primatial See. They may dispense their own subjects staying in their territory, provided that scandal be removed and that, if a dispensation is granted from disparity of cult or mixed religion, the usual promises be given. This faculty holds also for the convalidation of a marriage already contracted, if there is the same danger in delay.

Section 10.

In the same circumstances as described in Section 9 of this Article, the pastor, the priest who assists at the marriage, and the confessor [but the latter only for the internal forum in the course of a sacramental confession], enjoy the same faculty but only for occult cases in which not even the local Ordinary can be reached or in which he cannot be reached without the danger of the violation of a secret, provided that scandal is removed and that if a dispensation is granted from disparity of cult or mixed religion, the usual promises are given. Hence the faculties granted here may be used only:

[i] if preparations have been made for the marriage and there is probable danger of grave harm in delay;

[ii] if the local Ordinary cannot be reached by the ordinary means, or cannot be reached without the danger of the violation of a secret, certainly the secret of the seal of confession and also any professional secret;

[iii] to dispense from all impediments of ecclesiastical law, with two exceptions, and according to some from the canonical form also;

[iv] only for occult impediments; however, the faculties may be used over impediments that are by nature public [v.g., consanguinity, age] as long as they are in fact occult;

[v] if there is danger of harm in delaying until a dispensation can be obtained from the Ordinary, the faculties may be used also for the convalidation of an invalid marriage.

Section 11.

According to the norm of Section 8 of this Article, the pastor and the assisting priest who dispense in the extra-sacramental forum from occult impediments in the urgent case, should record the dispensation in the secret archives of the diocesan curia. Should the occult impediment later become public, no further dispensation for the external forum is necessary. The confessor, since he dispenses only in the sacramental forum, does not record the dispensation anywhere; however, if the impediment later becomes public, since the dispensation was given only in the sacramental forum, it will now become necessary to obtain a dispensation also for the external forum. It is for this reason that the confessor should, if possible, get the case out of the sacramental forum in the first place and handle it in the external or at least in the extra-sacramental forum.

ARTICLE XXXII

Section 1.

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

Section 2.

Even though a marriage has been contracted invalidly because of an impediment, the consent, which has been given, is presumed to persevere until its revocation shall have been proved.

Section 3.

In order that matrimonial consent be possible, it is necessary that the contracting parties shall not be ignorant at least of the fact that marriage is a permanent society between a man and a woman for the procreation of children. Lack of this knowledge is not presumed after the age of puberty.

Section 4.

Error regarding the person makes marriage invalid. Error regarding a quality of the person, even though it is the cause of the contract, invalidates marriage if the error regarding the quality amounts to an error regarding the person.

Section 5.

Simple error regarding the unity or the indissolubility or the sacramental dignity of marriage, even though it is the motivating reason for making the contract, does not invalidate matrimonial consent. The knowledge or belief that the marriage is null does not necessarily exclude matrimonial consent.

Section 6.

Simulation is had when one does not have the intention to contract marriage even though he goes through the formalities. Simulation invalidates marriage since matrimonial consent is lacking. There is no intention to contract a marriage. However, simulation must be proved, since "the internal consent of the mind is always presumed to be in conformity with the words or signs used in the celebration of marriage."

Section 7.

If either party or both parties by a positive act of the will exclude marriage itself, or all right to the conjugal act, or any essential property of marriage, the marriage contract is invalid.

Section 8.

That marriage is invalid which has been contracted under the influence of coercion or grave intimidation unjustly induced from without, to free oneself from which, one is compelled to choose marriage. No other kind of intimidation, even though it is the motivating reason for the contract entails the nullity of the marriage.

Section 9.

In order that marriage contracted validly it is necessary that the contracting parties be present.

Section 10.

The parties must express matrimonial consent in words; and they may not use equivalent signs if they are to speak.

Section 11.

A condition once placed and not revoked:

[i] if it is a condition regarding a future event, which is necessary, or impossible, or immoral but not contrary to the substance of marriage, it is to be considered as not having been made.

[ii] if the condition concerns the future and is contrary to the substance of marriage, it makes the marriage invalid.

[iii] if the condition concerns the future and is licit, it suspends the validity of the marriage.

[iv] if the condition concerns the past or the present, the marriage will be valid or not depending on whether that on which the condition is based exists or not.

Section 12.

In the pre-nuptial interrogation the pastor must ask the parties it they are placing any conditions on their matrimonial consent. If they are, he must ask them to explain how they intend to ascertain whether the condition is verified. The pastor must consult the local Ordinary before allowing parties to impose even lawful conditions on their consent.

Section 13.

Only those marriages are valid which are contracted in the presence of the pastor or the local Ordinary or a priest delegated by either and at least two witnesses, in accordance, however, with the rules given in the Canons.

Section 14.

The two witnesses who must assist at the marriage with the pastor or local Ordinary must be present physically and indeed simultaneously with the pastor. They must be present morally so that they can testify to what is taking place. They must be used as witnesses but for validity it seems sufficient that they be implicitly designated by parties, as they are whenever the parties in any way at all wish to contract in the presence of the person who are watching the celebration of the marriage.

Section 15.

The pastor and local Ordinary validly assist at marriage

[i] only from the day on which they took canonical possession of their benefice or entered their office. Unless by sentence they have been excommunicated or interdicted or suspended from office, or by sentence it has been declared that they have been incurred these penalties.

[ii] only within the limits of their territory: in which they validly assist at the marriages not only of their subjects but also of those who are not their subjects.

[iii] only if, unconstrained by coercion or grave fear, they ask and receive the consent of the contracting parties.

Section 16.

The pastor and the local Ordinary who can validly assist at a marriage can also grant to another priest the permission to validly assist at a marriage within the limits of their respective territories.

Section 17.

The permission to assist at a marriage must be given expressly to a definite priest for a determinate marriage, all general delegations being excluded, except in the case of parochial assistants for the parish to which they are attached; otherwise it is invalid.

Section 18.

One who is delegated for a marriage can sub-delegate another priest to assist at the marriage only if this power of sub-delegating is expressly conceded to him by the one delegating.

Section 19.

One who has received general delegation for marriages can sub-delegate another priest in single cases.

Section 20

The pastor and the local Ordinary lawfully assist at marriage:

[i] after they have satisfied themselves according to law regarding the free state of the contracting parties;

[ii] after they have moreover satisfied themselves that one of the contracting parties has a domicile or quasi-domicile or a month's residence in the place of the marriage, or, in the case of a vagus, that one of the parties has actual residence there;

[iii] provided that, if the conditions mention in [ii] are wanting, they have the permission of the pastor or Ordinary of the domicile or quasi-domicile or place of month's residence of one of the contracting parties, except in the case of vagi, who are actually traveling and have no dwelling place anywhere, or unless some grave necessity occur which excuses from asking the permission.

Section 21.

In every case let it be taken as the rule that the marriage be celebrated before the pastor of the bride, unless a just reason excuses.

Section 22.

A pastor who assists at marriage without the permission required by law is not entitled to the stole fee and he must remit it to the proper pastor of the contracting parties.

Section 23.

If it is possible, without serious inconvenience, to have or to approach a pastor, ordinary or delegated priest who can assist at marriage in accordance with Section 16 and Section 17 of this Article:

[i] in danger of death a marriage is valid and lawful when contracted in the presence of witnesses only; and also outside the danger of death, provided it is prudently foreseen that this situation is to last for a month;

[ii] in both cases, if there is at hand another priest who can be present he must he summoned, and together with the witnesses, assists at the marriage, without prejudice to the validity of the marriage before the witnesses alone.

Section 24.

The following persons are obliged to observe the canonical form:

[i] all who are baptized in the Catholic faith and all who are converted to it from heresy [even though the former or the latter may have later fallen away from the Church] - whenever they contract marriage with each other;

[ii] the persons just mentioned when they contract marriage with non-Catholics, either baptized or not baptized, even after obtaining a dispensation from the impediment of mixed religion or disparity of cult.

Section 25.

Except in case of necessity, the rites prescribed in the approved liturgical books or sanctioned by praiseworthy custom should be observed in the celebration of marriage.

[i] Catholic marriages; the rite of marriage during Mass should be used. The nuptial blessing and the Mass pro sponsis can be had even during the former closed seasons. If good reasons are present, the rite for celebrating marriage outside of Mass may be used for Catholic marriages.

[ii] as far as possible, the pastor, or his delegate, who assists at the marriage shall celebrate the Mass. If he assists at the marriage, but does not say the Mass, it is the celebrant of the Mass who imparts the nuptial blessing.

[iii] the rite of marriage outside of Mass should be used for the marriage of a Catholic to a baptized non-Catholic. If the circumstances justify it, and provided the local Ordinary gives permission, the rite for celebrating marriage within Mass may be used, the prescriptions of the general law of the Church with regard to Holy Communion being observed.

[iv] the rite for celebrating marriage between a Catholic and an unbaptized person is used for this kind of marriage. The rite may be performed in the church or some other suitable place; it also contains a special nuptial blessing.

Section 26.

A record of the marriage must be kept in the matrimonial register of the parish in which the marriage was celebrated, and the fact of the marriage must be recorded in the baptismal register of the parishes where the parties who contracted the marriage were baptized. The obligation of recording the marriage and of sending notice to the pastors of baptism is incumbent on the pastor of the place where the marriage was celebrated or on the priest taking his place, even though another priest delegated by the pastor or by the Ordinary assisted at the marriage; this obligation must be fulfilled as soon as possible.

Section 27.

Whenever marriage is contracted in accordance with the norm of Section 23, [ii] of this Article, the priest, if there was one present, otherwise the witnesses are bound in solidum with the contracting parties to see to it that the marriage is recorded as soon as possible in the prescribed registers, i.e., in the register of the parish in which the marriage took place.

ARTICLE XXXIII

Section 1.

Marriage can be contracted at any time of the year. However during the Deacons of Advent and Lent they should abstain from excessive festivity.

Section 2.

A marriage between Catholics shall be celebrated in the parochial church; only with the permission of the local Ordinary or of the pastor can it be celebrated in another church or Semi-public oratory. Only in an extraordinary case and then only for a just and reasonable cause, can the local Ordinary permit a marriage to be celebrated in private dwellings; but the Ordinary shall not permit it in the churches or oratories of the Seminary or of Women religious, except in a case of urgent need and with the observance of appropriate safeguards.

Section 3.

A valid ratified and consummated marriage cannot be dissolved by any human power or by any other cause except death.

Section 4.

A non-consummated marriage between baptized persons or between a baptized and an unbaptized person is dissolved both by the law itself through solemn religious profession and by a dispensation granted by the Primatial See for a just cause on the petition of both parties or of one of the parties, even though the other be unwilling.

Section 5.

Husband and wife are obliged to observe community of conjugal life unless a just reason excuses them.

Section 6.

Because of the adultery of one spouse, the other spouse has the right to terminate community of life, even perpetually unless he consented to the crime or was the cause of it, or expressly or tacitly condoned it, or has himself committed the same crime; the marriage bond itself remains intact.

Section 7.

The innocent party who has departed legally, whether in pursuance of a judicial sentence or on his own authority, is never bound to admit the adulterous partner to conjugal life again; but he may either receive or recall the party, unless the latter has, in virtue of consent given by the innocent spouse, adopted a state of life incompatible with marriage.

Section 8.

If one of the parties has joined a non-Catholic sect; or educated the children as non- Catholics; or is living a criminal or disgraceful life; or is causing grave spiritual or corporal harm to the other; or makes the common life intolerable because of his cruelty - these and other grievances of the same kind are all lawful reasons for the other party to depart; on the authority of the local Ordinary, and even on one's own authority if the grievances are certain and there is danger in delay.

Section 9.

In all cases of temporary separation, when the cause of the separation has ceased to exist, the common life is to be restored; but if the separation was decreed by the Ordinary for a definite or indefinite time, the innocent spouse is not obliged to restore the common life unless by decree of the Ordinary or upon expiration of the time.

ARTICLE XXXIV

Section 1.

To validate a marriage that is invalid because of a diriment impediment, it is required that the impediment cease or be dispensed from, and that consent be renewed at least by the party who is aware of the impediment. This renewal of consent is required by ecclesiastical law for the validity of the marriage, even though both parties gave consent in the beginning and have not since revoked it.

Section 2.

The renewal of consent must be a new act of the will directed to a marriage, which is known to have been invalid from the beginning.

Section 3.

If the impediment is public, consent must be renewed by both parties in the form prescribed by law.

Section 4.

If the impediment is occult and known to both parties, it suffices that the consent be renewed by both parties privately and secretly.

Section 5.

If the impediment is occult and unknown to one of the parties, it suffices that only the party who is aware of the impediment privately and secretly renews consent, provided that the other's consent perseveres.

Section 6.

A marriage that is invalid because of defective consent is validated if the party, who did not consent, now consents, provided that the consent given by the other party perseveres.

Section 7.

If the defect of consent was also external, it is necessary to manifest the consent also externally either in the form prescribed by law, if the defect was public, or in some private and secret manner, if it was occult.

Section 8.

In order that a marriage, which is invalid because of defect of form, be made valid, it must be contracted anew in the form prescribed by law.

Section 9.

The radical sanction of a marriage is the validation of the marriage effecting, besides a dispensation form or a cessation of the impediment, a dispensation from the law requiring renewal of consent and, by a fiction of law, a retroaction as regards canonical effects to the past. The validation is effected at the moment when the favour is granted; the retroactive effect is understood to date from the beginning of the marriage unless a contrary provision is expressly made.

Section 10.

The dispensation from the law requiring renewal of consent can be granted even without the knowledge of one or both of the parties.

Section 11.

Any marriage entered into by parties with a mutual consent naturally sufficient but juridically inefficacious on account of a diriment impediment of ecclesiastical law or on account of the non-observance of the canonical form, can be radically sanate, provided the consent perseveres.

Section 12.

But a marriage contracted with an impediment of the natural or divine law, even though the impediment has since ceased to exist, the Church does not radically sanate, not even from the moment of the cessation of the impediment.

Section 13.

If the consent is wanting in both parties or in one party, the marriage cannot be radically sanated, whether the consent was lacking from the beginning or was originally given but later revoked. But if consent was lacking in the beginning but was later given, the sanation can be granted from the moment when the consent was given.

Section 14.

A grave cause is necessary for the validity of a sanation granted by one subordinate to the Primatial See.

Section 15.

All local Ordinaries, in virtue of the quinquennial faculties. may grant radical sanations in the following cases:

[i] for marriages invalidly contracted because of some impediment of ecclesiastical law of major or minor degree, except the impediments resulting from the sacred order of the priesthood and from affinity in the direct line when the marriage has been consummated.

[ii] for marriages attempted before a civil official or a non-Catholic minister where there was the impediment of mixed religion or disparity of cult, provided that matrimonial consent continues to exist in both parties and that the same cannot be legitimately renewed, either because the non-Catholic party cannot be informed of the invalidity of the marriage without danger of grave harm or inconvenience to the Catholic party, or because the non-Catholic party can in no wise be induced to renew consent before the Church or to give the guaranties as required by the Canons.

Section 16.

The last refuge for those who are living in an invalid marriage to obtain permission to live as brother and sister. That this permission may be given; four conditions must be verified:

[i] it is the only practical solution available. This condition is verified when the couple can neither marry nor separate. They cannot marry because of some indispensable impediment, v.g., the bond of a previous valid marriage, impotence, etc. it is physically or morally impossible for them to separate, when grave economic reasons will not allow it; or one of the parties is very sick; or children already born need the protection and care of the parents; or there is danger of scandal and infamy because others do not know of the invalidity of the marriage; or finally, cohabitation favours the conversion of one or both parties to the faith.

[ii] the second condition is that no grave scandal will be occasioned by this cohabitation. In these cases scandal can arise from a double source, namely, from an apparently sinful cohabitation, or from an apparent approbation of the Church if such persons are allowed to receive the sacraments.

[iii] the third condition Is the absence of the proximate occasion of sin. Objectively speaking, cohabitation is a proximate occasion of sin. If the occasion is voluntary, i.e., if the parties can separate, they must separate. In our case it is a necessary occasion. Since the occasion is necessary, the parties must then use apt means to make the proximate occasion remote, because it can never be tolerated that one be allowed to remain in an occasion which places one in grave and imminent danger of eternal damnation.

[iv] the fourth condition is the permission of the competent authority. The local Ordinary is the guardian of public morality, the judge of the reparation due for scandal and of the cessation of infamy, the protector of the reverence due to the sacraments, in his diocese. Hence the Ordinary may, if he wish, reserve all "brother-sister" cases to his own judgment, without prejudice, however, to sacramental and professional secrecy, and without prejudice to the right of the parties to preserve their good name or to regain it. Since, however, the "permission" to live as brother and sister is not a dispensation or privilege, but rather a declaration that the law of God, all things considered, does not prohibit the cohabitation of this man and this woman, and therefore that they can be admitted to the sacraments, the decision on a particular case can be given per se also by the pastor or confessor.

Section 17.

Although chaste widowhood is more honourable, second and even further marriages are valid and lawful; however, it is not allowed to contract another marriage until the dissolution of the former shall have been established according to law and with certainty.

ARTICLE XXXV

Section 1.

By the seal of Confession we understand the strict obligation to maintain silence concerning that, which is disclosed, in sacramental confession, the revelation of which would render confession odious.

Section 2.

The purpose of the seal is to exclude as far as possible, from the institution of confession everything, which might make confession burdensome for the penitent.

Section 3.

The obligation applies only to what is disclosed in sacramental confession. Hence, it arises from a confession that is only commenced a sacrilegious confession and one in which absolution is refused or deferred.

Section 4.

No obligation arises from a confession knowingly made to one who is not a priest, neither from a mock confession, nor from a conversation one holds with a priest without the intention of confessing, for instance, to seek advise, etc. even though in doing so the person intends to confide certain matters to the priest "under the seal of confession" in such cases there will generally be a natural or a committed secret. Scandal must always be avoided.

Section 5.

The confessor must safeguard the seal of confession towards all persons, including the penitent; as to the latter, however, only outside of confession. Thus, two confessors to whom a penitent has confessed the same sins may not speak thereof to each other, The confessor may not even speak to the penitent himself of his sins outside of confession without the latter's permission. In a subsequent confession, however, the priest may speak to a penitent of what he previously confessed without his permission; likewise, if the penitent, after leaving, immediately returns to the confessional. Confessional secrecy must be observed even after the death of the penitent. The seal does not forbid the priest to reflect upon matters confessed, or to try to discover who is making his confession to him or to ask a third party for the name of a penitent. However, the latter is a violation of the seal if others thereby get the impression that the confession dealt with something extraordinary.

Section 6.

The seal of confession always obliges under mortal sin.

Section 7.

In a case of doubt the priest must always do the safer thing i.e., favour the seal, since he must absolutely see to it that no one be deterred from confession.

Section 8.

The confessor is bound in the first place by the seal of confession. This holds true even in the case where a layman was erroneously taken for a confessor.

Section 9.

All who in any way obtain knowledge from confession are likewise obliged by the seal.

Section 10.

The penitent is not obliged by the seal of confession; not even with reference to what the confessor has told him.

Section 11.

All sins confessed fail under the seal, even public sins, unless the confessor knows them from sources other than confession.

Section 12.

All that is said for the better explanation of sins likewise falls under the seal, unless the confessor knows these things also outside of confession, or if it is a question of matters commonly known.

Section 13.

Anything else, which is known only from confession, is protected by the seal, provided it is not commonly known and the revelation thereof will prove disagreeable to the penitent.

Section 14.

Direct violation of the seal of confession is always a mortal sin; indirect violation may be only a venial sin.

Section 15.

The seal is directly violated if some object of the seal together with the identity of the penitent is revealed without the latter's permission.

Section 16.

The seal is indirectly violated if from a story that one relates or an expression he uses there arises the danger that someone will acquire a knowledge of that which is protected by the seal of confession.

Section 17.

Any use of knowledge derived from confession, which is burdensome to the penitent, is considered by some moralists as an indirect violation of the seal. Others deny this. All, however, are agreed that such an act is forbidden under grave sin.

Section 18.

The penalty of excommunication is incurred only by the direct violation of the seal.

ARTICLE XXXVI

Section 1.

Validity requires that the candidate for an ordination be a baptized male who, if an adult, must have at least the habitual explicit intention to receive the Sacrament of Holy Orders.

Section 2.

Lawfulness of ordination requires:

[i] the intention to receive all orders including the priesthood in their proper sequence.

[ii] the state of grace. He alone commits a mortal sin who, in the state of mortal sin, receives an order, which is certainly a Sacrament.

[iii] the reception of confirmation.

[iv] a moral life in keeping with the order to be received.

[v] the canonical age.

[vi] the requisite knowledge.

[vii] the observance of the intervals.

Section 3.

An irregularity is a canonical impediment of a permanent nature, which directly renders it unlawful to receive ordination and indirectly forbids the exercise of orders received.

Section 4.

Individual irregularities and impediments to the reception of Holy Orders:

[i] illegitimates - whether the defect is public or occult, may not be ordained unless they have been legitimated or have made solemn profession.

[ii] bodily defective who on account of debility cannot safely, or on account of deformity cannot becomingly, minister at the altar. If one is already ordained a greater defect is required to impede him from exercising his Orders; those actions are not forbidden him which can be properly performed in spite of the defect.

[iii] epileptics, the insane, the diabolically possessed even after they have been cured.

[iv] bigamists, i.e., those who have successively married at least twice.

[v] the infamous who have incurred infamy of law.

[vi] judges who have pronounced a death sentence.

[vii] executioners and all voluntary and immediate assistants in the inflicting at the death penalty.

[viii] apostates, heretics and schismatics.

[ix] whoever has allowed himself to be baptized by a non-Catholic, except in case of extreme necessity, becomes irregular.

[x] those who attempt marriage or go through the civil ceremony, while bound by a valid marriage bond.

[xi] voluntary murderers and those who have effectively procured abortion and also all accomplices.

[xii] those who have mutilated themselves or others, or have attempted suicide.

[xiii] those who occupy an office or administrative position forbidden to clerics.

[xiv] neophytes may not be ordained until, according to the judgment of the bishop, they have sufficiently proved themselves.

[xv] the disreputable or those who suffer from infamy of fact until they have, in the judgment of the Ordinary, recovered their good reputation.

Section 5.

Preparation for Holy Orders includes; a seminary education, presentation of various testimonials, examination, publication of names, and retreat.

[i] care must be taken that candidates for the priesthood be trained from an early age in a seminary. They must at least make their theological studies in a seminary.

[ii] the testimonials to be presented vary according as the candidates are diocesan clerics or religious who are likened to them in this manner, or members of an exempt community.

[iii] the examination before ordination covers the order to be received, and, in case of candidates for Major Orders, several tracts in theology.

[iv] the publication of the names of those to be ordained is done in the home parish church of each candidate and before each of the Major Orders.

[v] the retreat before tonsure and the Minor Orders should last three full days, before Major Orders at least six full days.

Section 6.

The rites of ordination prescribed by the respective liturgical books must be accurately observed.

Section 7.

Episcopal consecration is conferred on Sundays or on Feasts of the Apostles and during Holy Mass. Major Orders may be given only during Mass on Ember Saturdays or on the Saturday before Passion Sunday or on Holy Saturday. For a grave reason the bishop may confer them on a Sunday or Holy Day of obligation. Minor Orders may be given on any Sunday or feast of double rite but only in the forenoon. Tonsure may be given any day and at any hour.

Section 8.

General ordinations should be held at the cathedral church. If ordinations are held in another city, as far as feasible the most prominent church should he chosen and the local clergy should be present.

Section 9.

Particular ordinations may take place in other churches, even in the chapel of the bishop's residence or in a seminary chapel or monastery choir.

Section 10.

Minor Orders and Tonsure may be conferred in a private oratory.

Section 11.

There must be a special record in the curial archives of the diocese where the ordinations are held in which the names of the newly ordained. the minister and date of ordination are entered.

Section 12.

All ordinations must also be recorded in the archives of the Primatial See.

Section 13.

The newly ordained are given a certificate of ordination. If they are ordained by a strange bishop with dimissoriale from their own Ordinary they must show the certificate to the latter that he may enter the ordination in his own register.

Section 14.

Ordinations to the sub-diaconate must also be entered in the baptismal register. For this reason the pastor of the place of Baptism must be notified of the ordination by the local Ordinary or by the major superior in the case of religious who are ordained with dimissorials from the superior.

Section 15.

All ordinations must first be approved by the Primatial See.

Section 16.

The minister of all ordinations is the local Ordinary or another bishop in case of some reason the Ordinary cannot perform the ordination. In this case the ordaining Bishop must see to the proper registration of the ordination.

ARTICLE XXXVII

Section 1.

Sacramentals are objects or actions which the Church uses, in imitation of the Sacraments, to obtain favours, especially spiritual ones, through her intercession.

Section 2.

The legitimate minister of the sacramentals is a cleric to whom the Church has given the corresponding faculties and to whom the exercise of these faculties is not forbidden.

Section 3.

Sacramentals are to be administered primarily to Catholics and catechumens. Non- Catholics may also receive sacramentals unless they are excluded in individual cases.

Section 4.

Excommunicated or interdicted persons may not receive any of the sacramentals if they have incurred these censures by a declaratory or condemnatory sentence.

Section 5.

The rites prescribed by the Church must be observed for the valid administration of sacramentals.

ARTICLE XXXVIII

Section 1.

We hold that Holy Traditions [Scripture] is the true and living Word of God, and that its interpretation is to be found in the Nicene Creed, the teachings of the Seven Holy Synods of the Church and in the teachings of the Holy Fathers of the Christian Faith.

Section 2.

We believe God inspired all the writers of Scripture with objective fact, free from error, for our instruction.

Section 3.

The Faith as written and handed down to us through the Prophets, Apostles and the Fathers unaltered, we hold fast without additions or subtractions.

Section 4.

God's truths do not rely on our acceptance or our feelings. Holy Tradition [Scripture], the Nicene Creed, the teachings of the Seven Holy Synods and the teachings of the Fathers are unchanging in our ever-changing world.

Section 5.

We believe that the Nicene Creed, the teachings of the Seven Holy Synods of the Church and the teachings of the Fathers to be the true interpretation of Scripture and the Holy Faith taught by the inspiration of the Holy Spirit.

Section 6.

We hold that our salvation rests upon this Faith in Christ alone. Those of other views are of another spirit and we count them not as Christian in any sense of the word.

Section 7.

We hold that traditions of men [customs], although valid expressions of faith, are not necessarily part of the Catholic Faith. We also hold that those who teach them as necessary are guilty of idol worship. Faith in Christ as taught by the Prophets, Apostles and the Fathers alone is necessary.

Section 8.

We believe that Christ God did institute seven holy Mysteries as a means of sharing in the life of the Holy Spirit. The are:

[i] Baptism

[ii] Communion

[iii] The Keys [Absolution or Penance]

[iv] Chrismation [Confirmation]

[v] Marriage

[vi] Holy Orders

[vii] The Sacrament of the Sick

Section 9.

We believe Baptism to be valid when administered according to Christ's command, as found in the Scripture: That is, in the Name of the Holy Trinity with water.

Section 10.

We believe that the true body and the true blood of Christ to be present in the Holy Eucharist as taught by Holy Scripture and all the Holy Fathers of the true Faith. In this definition we neither add nor subtract. Christ's own words suffice: "This is My Body", "'This Is My Blood"'. Christ's words are sufficient for our faith. Additional definitions only tend to confuse and mislead; and, we hold them to be of man-made origin.

Section 11.

We hold Chrismation [Confirmation] to be divinely instituted and recorded in the Epistle of 1 John 2: 20-27; "You have an unction from the Holy One, and you have received of Him abiding in you."

Section 12.

Matrimony was instituted by God Himself in the Garden of Eden and this state was blessed and reaffirmed by Christ at the Wedding of Cana. It has as its purpose the perpetuation of the human race, companionship, submission to God's moral law and the Christian upbringing of children. All sexual relations outside of Holy Matrimony we do hold as contrary to the Divine Law of God.

Section 13.

We believe and hold the Orders of the Ministry to be of divine origin as found in Holy Scripture and necessary to God's Holy Church. Holy Scripture and the teachings of the Fathers tell us that those who minister in the Church should be called to their station in life to teach the Word of God and administer the Sacraments according to divine institution, by laying on of hands by a bishop who is the representative of Christ and His Church. A proper ordination never takes place without the affirmation of both clergy and laity, the body of Christ.

Section 14.

We believe and hold that the mystery of Holy Penance is of divine origin as found in Holy Scripture. The power of the "keys" was instituted by Christ for the forgiveness of sin and the comfort of the penitent.

Section 15.

The Sacrament of the Sick we hold to be of Apostolic origin, as found in the Epistle of Saint James, for the health and consolation of the sick, by the working power of the Holy Spirit.

Section 16.

We believe the monastic life to be a holy expression and witness to the Christian life; although we do not believe it to be necessary to the Church's life and we do not hold the monastic state as equal to a Sacrament.

Section 17.

When monastic life is freely chosen by an individual for the honour and glory of God and in witness to the Faith, then it is a useful and holy thing in the Church. For, virginity is only preserved by the working and power of the Holy Spirit and is only of value to the church when it is lived for God's own purposes.

Section 18.

Those who claim that Matrimony is a lessor state than that of a monk and who claim Matrimony an alternative to the state of a monastic are by glory-seekers and know not the correct teachings of the Scriptures and the Fathers. Each state of life in the Christian faith is a witness and confession of a divine call from God. God's will and purpose must be the aim of each person seeking to live a holy life.

Section 19.

We believe and hold it true that salvation is a free gift of Faith in Jesus Christ.

Section 20.

We believe that good works are a necessary witness of true faith in Jesus Christ.

Section 21.

We hold it to be heresy to teach that any or all the saints together could merit the forgiveness of even one sin against God.

Section 22.

It is through the sufferings and death of Christ our Lord that our salvation has been granted to us.

Section 23.

Faith and salvation in Jesus Christ are free gifts from God without any merit on our part.

Section 24.

The true faith is to be found in the Holy Scriptures and its true interpretation is found in the teachings of the Seven Holy Synods, the Nicene Creed and the teachings of the Fathers.

Section 25.

We believe the Virgin Mary to be the virgin mother of Christ, the Incarnate Word of God as taught in the Nicene Creed.

Section 26.

We believe Mary to have been ever a virgin as taught by the Scriptures indirectly and taught by history and the teachings of the Fathers directly.

Section 27.

We believe in the communion of Saints, the just who have their salvation in faith in Christ Jesus our Lord.

Section 28.

We believe that the Saints here on earth and those in heaven pray for us. Yet, we reject the teaching that the saints merits favour or salvation for us. For, they pray to God through the merits of Christ our High Priest and our only Mediator between God and man. True veneration of the Saints is to follow their way of life and a practice of their example.

Section 29.

We reject that to ask the prayers of other, living or dead is against the teaching of Christ. Rather it is an affirmation of faith in the true nature of the Church, the Body of Christ.

Section 30.

We believe that respect, veneration and praying before icons [images] is a good and helpful means of calling to mind Christ and His saints.

Section 31.

Those who believe that icons are gods or alive are guilty of idol worship and those who believe we worship them as a god are guilty of the same sin for they attribute life to wood and paint and paper.

Section 32.

The commandment of God forbids us to fall down and worship before any image as a god. It does not forbid us to cherish memories of the truths of our faith in the arts. Whoever says that Scripture forbids the right use of the arts denies the use of our God given talents for God's honour and glory.

Section 33.

We believe that Christ will come again in the flesh as recorded in the Scripture and taught in the Nicene Creed.

Section 34.

The moral code of the Christian life is to be found in Holy Scripture, the teachings of the church and the Fathers.

Section 35.

The Ten Commandments and the Two-fold Commandment of Jesus Christ are binding for all generations.

Section 36.

The church is the Mystical Body of Christ, united in the true faith handed down by the Apostles through the ages, with Christ as its head.

Section 37.

We believe the Church is guided by the Holy Spirit in all her teachings, Holy Tradition [the Scriptures] and its interpretation from the Creed, the Seven Holy Synods and the teachings of the Fathers.

ARTICLE XXXVIX

Section 1.

We believe the Church of Christ is a "community of communities. That each Community or diocese is presided by a Bishop in his own right, a successor of the Apostles in the Ministry and Jurisdiction [subject to the Primatial See and the Canons of this Communion]; that all the Bishops of the Catholic world assembled in General Council are the only infallible body in matters of doctrine; that the Bishop of Rome is subject to the decisions of the General Councils as much as any other Bishops, that in virtue of his rank as Patriarch of the Occident, the successor of Peter has a "Primacy of Honour" in the Hierarchy of the whole Church; that in the Western Church he possesses a "Primacy of Jurisdiction" giving him the privilege and the duty of coordinating the global activities of the Western Rite, of keeping a watchful eye for and sounding the alarm against heretical movements, of voicing his considered opinion on local nominations and elections to episcopal charges, of convening General Councils, of collecting fees and tithes for councillarly approved church-wide purposes such as foreign missions, maintenance of central agencies, etc. But he has not the prerogatives of an absolute monarch, able to name and remove Bishops at will, to send into the local churches representatives responsible only to himself, to limit the jurisdiction of local Bishops and their courts [this not condemn a councillarly approved Court of Appeal in Rome, but does disapprove of the removal from local jurisdiction of certain cases, marriage annulments for instance] to reserve certain classes of sins to the exclusive absolution of the Pope etc. To the Old Roman Catholic Church, the Pope is like a Constitutional President in the service of the church, not an Autocrat.

Section 2.

Old Roman Catholicism welcomes into union all those, devote and Catholic minded independent clergy and groups who hold, more or less, the so-called "Old Catholic" position, but the Church will not sacrifice its orthodoxy simply to achieve such unity. We pray that "as many grains are gathered into one loaf, so the many members of the Church by drawing near to God may become one bread, one Body." and after the example of our blessed Lord, that the Church and its clergy may give themselves for the life of the world, that men and women may find the abundance of life in an Undivided Church.

ARTICLE XL

Section 1.

This Communion shall adhere to the Declaration of Utrecht, September 1889, which is as follows:

[i] We adhere faithfully to the Rule of Faith laid down by Saint Vincent of Lorins in these terms: "id teneamus, quod ubique, quod simper, quod ab omnibus creditum sot; hoc est etenim vere proprieque catholicum". For this reason we persevere in professing the faith of the primitive Church, as formulated in the Oecumenical symbols and specified precisely by the unanimously accepted decisions of the Oecumenical Councils held in the undivided Church of the first thousand years.

[ii] We therefore reject the decrees of the so-called Council of the Vatican, which were promulgated July 18, 1870, concerning the infallibility and the universal episcopate of the Bishop of Rome - decrees which are in contradiction with the faith of the ancient Church and which destroy its ancient canonical constitution by attributing to the Pope all the plenitude of ecclesiastical powers over all the dioceses and over all the faithful. By denial of his primatial jurisdiction we do not wish to deny the historic primacy which several Oecumenical Councils and the Fathers of the ancient Church have attributed to the Bishops of Rome by recognizing him as the Primus inter pares.

[iii] We also reject the dogma of the Immaculate Conception promulgated by Pope Plus IX in 1854 in defiance of the Holy Scriptures and in contradiction with the tradition of the first centuries.

[iv] As for encyclicals published by the Bishops of Rome in recent times, for example, the Bulls "Unigenitus" and "Auctorem fidei" and the Syllabus of 1864, we reject them on all such points as are in contradiction with the doctrine of the primitive Church, and we do not recognize them as binding on the consciences of the faithful. We also renew the ancient protests of the Catholic Church of Holland against the errors of the Roman Curia, and against its attacks upon the right of national churches.

[v] We refuse to accept the decrees of the Council of Trent in matters of discipline, and as for the dogmatic decisions of that Council we accept them only so far as they ere in harmony with the teaching of the primitive Church.

[vi] Considering that the Holy Eucharist has always been the true central point of Catholic worship, we consider it our duty to declare that we maintain with perfect fidelity the ancient Catholic doctrine concerning the Sacrament of the Altar, by believing that we receive the Body and Blood of our Saviour Jesus Christ under the species of bread and wine. The Eucharistic celebration in the Church is neither a continual repetition nor a renewal of the expiatory sacrifice which Jesus Christ offered once for all upon the Cross; but it is a sacrifice because it is the perpetual commemoration of the sacrifice offered upon the Cross, and it is the act by which we represent upon earth and appropriate to ourselves the one offering which Jesus Christ makes in Heaven, according to the Epistle of the Hebrews, 9:11-12, for the salvation of redeemed humanity, by appearing for us In the presence of God [Hebrews 9-24]. The character of the Holy Eucharist being thus understood, it is, at the same time, a sacrificial feast, by means of which the faithful, in receiving the Body and Blood of our Saviour, enter into communion with one another [1 Corinthian 1:17].

[vii] We hope that Catholic theologians in maintaining the faith of the undivided Church, will succeed in establishing an agreement upon questions which have been controverted over since the divisions which have arisen between the churches. we exhort the priests under our jurisdiction to teach, both by preaching and by the instructing of the young. especially the essential Christian truths professed by all the Christian confession, to avoid, in discussing controverted doctrines, any violation of truth or charity, and in word and deed to set an example to the members of our churches in accordance with the spirit of Jesus Christ our Saviour.

[viii] By maintaining and professing faithfully the doctrine of Jesus Christ, by refusing to admit those errors which by the fault of men have crept into the Catholic Church, by laying aside the abuses in ecclesiastical matters, together with the worldly tendencies of the hierarchy, we believe that we shall be able to combat efficaciously the great evils of our day, which are unbelief and indifference in matters of religion.

ARTICLE XLI

Section 1.

True to her ancient heritage, the Old Roman Catholic Church holds the Catholic doctrines of the Incarnation, Passion, Death, and Resurrection of our Lord Jesus Christ; and the personal union in Him of the two natures, the human and the divine. Unlike some of the "Old Catholic" sectarians who deny the doctrines of original sin, the eternal punishment of hell or the necessity of faith for salvation, we reaffirm the Catholic position on these doctrines. The Church honours the Virgin Mary as the Mother of God and holds the true Catholic doctrine of the virgin birth of Christ. The Church teaches the doctrine of the Real Presence of Christ in the Blessed Sacrament and the spiritual efficacy of the Sacrifice of the Mass for the living and for the dead.

Section 2.

The Creed of the Old Roman Catholic Church is that contained in the Apostle's Creed and the Nicene Creed. In the latter, the controversial words "and the Son" [the "filioque" of theologians] are omitted, since they were added by the Roman Church long after the Council of Nice and against its explicit directive that nothing be added or taken away from. the Creed. The doctrinal of the first Seven Councils are part of the deposit of our faith.

ARTICLE XLII

Section 1.

Customs which are not contrary to the Code remain in effect. This is presupposed, though not stated. Customs which are not only contrary to the Code but also expressly reprobated in it are revoked without exception.

Section 2.

Customs which are contrary to the Code but not expressly reprobated are revoked if they am of loss than one hundred year's standing. Even if they are centenary they should be discouraged but may be tolerated if the Ordinary deems it prudent to attempt to suppress them at once.

Section 3.

Laws contrary to the Code are revoked, whether they be universal or even particular, unless these latter be expressly protected by a saving clause. The clause salvo lure partictilari, saves a particular law contrary to the Code from revocation.

Section 4.

Penal laws, even though not contrary to the Code, are revoked unless they are mentioned in the Code itself. This provision, however, applies only to universal penal laws, not to particular ones.

Section 5.

Disciplinary laws other than penal are also revoked unless they be implicitly or explicitly contained in the Code. This provision also applies only to universal, not to particular laws.

Section 6.

Laws are not completely established until they are promulgated. Laws are presumed to be territorial unless the contrary is proved.

Section 7.

The laws of the Code are not retroactive. Explicit provision may be made, so that a law will operate retroactively.

Section 8.

In order that a person be bound by merely ecclesiastical law, three conditions must concur; he must be baptized, have attained the use of reason, and have finished his seventh year of age.

Section 9.

The word rescript means a writing back. A rescript is a reply in writing from the Primatial See or from another Ordinary, either granting some favour or dispensation, or giving a decision or information upon request. The effect of particular rescripts under the Code is limited to the parties concerned.

Section 10.

Rescripts are divided as follows:

[i] rescripts of justice [concerning judicial controversies], of favour [granting some favour], and mixed rescripts [containing both elements].

[ii] rescripts according to law, contrary to law, or beside the law.

[iii] rescripts in forma gratiosa [granting a request directly], and in forma commissoria [committing the granting of the request to an intermediary or "executor"]. The latter is further subdivided; it is in forma commissoira libera if the matter is loft to the discretion of the executor; and in forma commissoria necessaria. If the executor is without discretionary power.

[iv] particular rescripts [limited to particular cases or persons] and general rescripts [not so limited].

Section 11.

Heretics and Schismatics are theoretically capable of obtaining a rescript unless they are notoriously members of such a sect.

Section 12

. Persons under censure are declared capable of obtaining a rescript, with four exceptions; namely: an excommunicated person, who is vitandus, a person who has been declared or condemned as excommunicated, or has under a personal interdict, or suspension.

Section 13.

A rescript may be obtained for another, even without his consent; and, though the latter is not obliged to make use of the favour granted by the rescript, the rescript is nevertheless valid even before his acceptance thereof, unless the contrary appear from it clauses.

Section 14.

Rescripts, by which a favour is granted without the intervention of an executor, are effective from the moment when the letter was issued; other rescripts are effective from the time of their execution.

Section 15.

Conditions in rescripts are regarded as essential to their validity only when they are expressed by the particles, si, dummodo, or some other particle of the same meaning.

Section 16.

The withholding of truth, or subreptio, in the recitals of the petition, does not prevent the rescript from being effective and valid, provided that what is required for validity according to the stylus Curiae has been expressed. Neither does obreptio, or the statement of falsehood, impair the effectiveness or validity of the rescript, provided that either the only reason proposed be true, or at least one motivating cause of several that are proposed be true. The defect of obreptio or subreptio occurring in only one part of a rescript does not impair another part thereof, in case several favours are granted together by the rescript.

Section 17.

No one shall ask of another Ordinary a favour which has been refused by his own Ordinary, without mentioning the fact of such refusal; and even it the fact of refusal be mentioned, the Ordinary shall not grant the favour without having learned from the first Ordinary the reasons for his refusal.

Section 18.

A favour which has been refused by the Vicar General, and afterwards, without mention of such refusal, has been obtained from the Bishop, is invalid; and a favour which has been refused by the Bishop cannot thereafter be validly obtained from the Vicar General without the Bishop's consent, even though the former refusal of the Bishop was mentioned.

Section 19.

Whenever the clause, motu proprio, is appended to rescripts which are granted upon any one's petition, these are valid even though in the petition some truth which otherwise must necessary be expressed is withheld; but they are not valid if their final cause, and the only one proposed, be false.

Section 20.

The clause, motu proprio, added to a rescript, therefore, strengthens it to this extend, that no subreptio, or omission of otherwise necessary recitals, will then impair it. But the clause does not protect the rescript from the effect of essential falsehood, or obreptio.

Section 21.

Rescripts, even with the clause, motu proprio, granted to a person who according to the common law is incapable of obtaining a favour in question, also such rescripts issued in contravention of a legitimate local custom or particular law, or against a right already acquired by another person, are not sustained unless an express derogatory clause be appended to the rescript.

Section 22.

Rescripts are not invalidated by error in the name of the person to whom or by whom they are granted, nor in the name of the place in which the person lives, nor in the subject matter of the rescript, provided that, in the judgment of the Ordinary, there be no doubt regarding the person nor regarding the matter.

Section 23.

If it happens that two contradictory rescripts are obtained in regard to one and the same thing, the particular one prevails over the general, as regards those things, which are expressed in particular. If the two rescripts are equally particular or equally general, the one which is first in order of time prevails over the later, unless the later one contains express mention of the earlier, or unless the first grantee failed to use his rescript through guile or notable negligence. in case the rescripts were issued on the Same day and it does not appear which of the grantees is prior both rescripts are void, and if the occasion warrants a new recourse must be made to the one who gave the rescripts.

Section 24.

Rescripts are to be understood according to the proper meaning of the words and common usage, and are not to be extended to other cases than those expressed in them,

Section 25.

In case of doubt, rescripts which concern litigation, or which impair rights vested in other persons, or which contravene the law in the interest of private parties, or finally which were obtained for the purpose of securing an ecclesiastical benefice, are interpreted strictly; all others, broadly.

Section 26.

A rescript of the Primatial See in which there is no executor need be presented to the Ordinary only when that is required in the rescript itself, or when public matters are involved, or when it is necessary to prove certain conditions.

Section 27.

Rescripts for whose presentation no time is prescribed may be presented to the executor at any time, provided there is no fraud or deception.

Section 28.

The executor of a rescript performs that function invalidly before he has received the rescript and has satisfied himself of its authenticity and integrity, unless advance information of the rescript has been sent him by authority of the grantor.

Section 29.

If a rescript merely commits to the executor the task of executing it, such execution cannot be refused unless it is clearly evident that the rescript is void for concealment or falsehood, or unless it is clear to the executor that conditions appended to the rescript have not been fulfilled, or unless the person who obtained the rescript appears, in the judgment of the executor, so unworthy of the favour that its concession would be a cause of offense to others; in the case last mentioned the executor, without executing the rescript, shall immediately notify the grantor. If a rescript commits to the executor the granting of the favour, he must use his prudent and conscientious discretion in granting or refusing it.

Section 30.

The executor must proceed according to his instructions, and unless he fulfills the essential conditions mentioned in the rescript and follows substantially the proper form of procedure, the execution is invalid.

Section 31.

The execution of rescripts which concern the external forum is to be made in writing.

Section 32.

The executor of rescripts may in his prudent discretion substitute another person for himself, unless such substitution is prohibited or limited to certain persons. But if the executor has been chosen for his personal qualifications, he may commit to another only the steps preliminary to the execution.

Section 33.

All rescripts can be executed by the executor's successor in the dignity or office, unless the executor was chosen for his personal qualifications.

Section 34.

A rescript which has been revoked by a special act of the superior remains valid until the revocation has been made known to the person who obtained the rescript. Rescripts are never revoked by a contrary law, unless the law itself so provides, or unless the law is passed by the Superior of the grantor of the rescript.

Section 35.

A rescript of the Primatial See or of an Ordinary is not invalidated by the vacancy of the Primatial See or of the diocese, unless the clauses appended to the rescript so provide, or unless the rescript confers upon someone the power to grant a favour to definite persons named therein and the matter is still intact.

ARTICLE XLIII

Section 1.

The methods of acquiring privileges are: direct grant by the competent authority, communication, legitimate custom, and prescription. A direct grant is presumed from a possession which has endured for a hundred years or from time immemorial. This is a presumption of law, which yields to contrary evidence.

Section 2.

By the communication of privileges only such privileges are conferred as has been granted to the first grantee directly, perpetually, and without special relation to any certain place, or thing, or person; and moreover the capacity of the person to whom the communication is made must be taken into account.

Section 3.

When privileges are acquired by communication they are ipso facto increased, diminished, for lost, whenever they increase, diminish, or cease to exist in the fist possessor the privilege.

Section 4.

Habitual faculties granted perpetually, or for a definite time, or for a certain number of cases, are considered as privileges beside the law. Unless the grantee has been chosen for his personal qualifications, or express provision to the contrary has been made, habitual faculties granted by the Primatial See to a Bishop or to the other persons mentioned in the Code, do not expire with the expiration of the authority of the Ordinary to whom they were granted, even though he has begun to make use of them, but they pass to the Ordinary who succeeds him in the government; likewise such faculties granted to the Bishop belong also to the Vicar General. The grant of a faculty carries with it also other powers, which are necessary for its use; hence the faculty to dispense includes also the power to absolve from ecclesiastical penalties, if there are any that stand in the way, but only for the purpose of getting the dispensation.

Section 5.

A privilege is to be interpreted according to its tenor, and may not be extended or restricted. The interpretation must always be such that the persons who have the privilege may receive some favour from the benevolence of the grantor.

Section 6.

No one is obliged to use a privilege, which was granted exclusively in his favour, unless there is an obligation to do so on some other ground.

Section 7.

A privilege is to be regarded as perpetual unless the contrary appears.

Section 8.

Privileges cease by renunciation, which has been accepted by the competent superior. Any private person can renounce a privilege, which is established in his favour exclusively. If a privilege is granted to a community, a dignity, or a place, private persons may not renounce it. Even the community itself, or the group, is not free to renounce a privilege if it was granted by way of law or if the renunciation would work harm to the Church or to other persons.

Section 9.

Privilege does not lapse with the expiration of the authority of the grantor, unless they wore granted with the clause, ad beneplacitum nostrum, or some other equivalent one.

Section 10.

A personal privilege follows the person and expires with the person.

Section 11.

Real privileges cease upon the absolute destruction of the thing or place: but local privileges revive if the place is restored within fifty years.

Section 12.

Privileges which are not burdensome to others do not lapse through non-use or through contrary use; but those which impose a burden on other persons do lapse if legitimate prescription or tacit renunciation takes place.

Section 13.

A privilege also ceases if in the course of time circumstances have so changed that, in the judgment of the superior, the privilege has become harmful, or its use has become illicit; it ceases likewise by the lapse of time or the completion of the number of cases for which it was granted.

Section 14.

One who abuses a power which has been granted to him by privilege deserves to be deprived of the privilege itself; and if any one gravely abuses any privilege granted by the Primatial See, the Ordinary must not fail to notify the Primatial See of the fact.

Section 15.

Although privileges which have been obtained orally from the Primatial See may be used by the petitioner in the forum of conscience, yet no one can claim the use of any privilege against any person in the external forum, unless he is able to furnish legal proof that the privilege was granted to him.

ARTICLE XLIV

Section 1.

Baptism of water constitutes a human being a person in the Church of Christ, with all the rights and duties of Christians. As regards the rights, two things impair their free exercise; namely, "an obstacle, which impairs the bond of ecclesiastical communion, or a censure, imposed by the Church."

Section 2.

A person who has completed the twenty-first year of age is a major; under that age, a minor. A minor male is regarded as having attained puberty from the completion of the twelfth. A person before puberty who has not yet completed the seventh year is called an infant, a child, or a little one, and is regarded as incompetent; after the completion of the seventh year, however, he is presumed to have the use of reason. All persons who are habitually without the use of reason are juridically in the same class as infants.

Section 3.

A major person has the full exercise of his rights; a minor in the exercise of his rights remains subject to the power of his parents or guardians, except as regards to those matters in which the law frees minors from parental control.

ARTICLE XLV

Section 1.

Even minors, since they are human persons, have human rights, and if they are baptized they have also the rights of members of the Church. However, the exercise of these rights is to some extent restricted by parental control. Certain rights are by the natural law, independent of parental control, for example, the right to embrace the true religion. The Canon presupposes these truths on the general principle that the natural law is not subject to change by canonical legislation. But, where the full and free exercise Of rights is not guaranteed to minors by the natural or divine law, the canon law may declare them subject to parental control, and does so declare by this canon, except as regards certain specified matters.

Section 2.

Exceptions to this general principle are made either explicitly or implicitly in other parts of the Code.

Section 3.

Minors after puberty may freely choose a church for their funeral services and a place of sepulcher; and after the age of reason they may, without the consent of their parents, act as parties in spiritual causes.

ARTICLE XLVI

Section 1.

All secular priests must at lease every three years makes a spiritual retreat for a time to be fixed by their own Ordinary, in some pious or religious house designated by him, and no one shall be excused from it, except in a particular case, for just cause, and by express permission of the said Ordinary.

Section 2.

All clerics, but especially priests, are bound by a special obligation to show reverence and obedience each to his own Ordinary.

Section 3.

As often and as long as, in the judgment of their own Ordinary, the needs of the Church require it, clerics, unless they are lawfully excused by some impediment, must accept and faithfully execute the duty which shall be entrusted to them by the Bishop.

Section 4.

After receiving the priesthood, clerics must not desist from their studies, especially sacred studies; and in the sacred subjects they must follow that solid doctrine which has been handed down by the fathers and is commonly received by the Church, avoiding profane novelties of expression and the science which is falsely so called.

Section 5.

After finishing their course of studies, all priests, even though they have obtained a parochial or canonical benefice, shall, every year for at least three years, unless they are exempted therefrom for just cause by the Ordinary of the place, be examined in the manner to be determined by the said Ordinary, in various subjects of the sacred sciences which shall have been duly designated in advance. In the conferring of ecclesiastical offices and benefices, consideration shall be given to those who, other things being equal, have made the best showing in these examinations.

Section 6.

In the episcopal city and in the various rural deaneries, several times a year on days to be fixed in advance by the Ordinary of the place, meetings on moral and liturgical subjects shall be held; to which may be added other exercises which the Ordinary may deem helpful toward the advancement of clerical learning and piety. In case it is difficult to hold the meetings, discussions of the questions proposed shall be submitted in writing, according to regulations, which shall be made by the Ordinary.

Section 7.

All secular priests, and religious even though exempt who have the care of souls, and, if a conference is not held in their house, also other religious who have obtained from the Ordinary the faculty of hearing confessions, are obliged to submit written solutions of the cases proposed, or are obliged to be present at the conference, unless they shall have obtained express exemption from the Ordinary in advance.

Section 8.

The practice of the common life for clerics is to be praised and favoured: and where it already exists it is as far as possible to be continued.

Section 9.

All clerics must wear a decent ecclesiastical dress in accordance with the legitimate local customs and the regulations of the Ordinary of the place, must wear the clerical tonsure or corona unless the accepted custom of the country is to the contrary, and must wear their hair in a simple style. They shall wear no ring unless the right to do so has been given them by law or by primatial privilege.

Section 10.

Minor clerics who on their own authority and without lawful reason lay aside the clerical dress and tonsure, and after being warned by the Ordinary fail to amend within a month, fall ipso lure from the clerical state.

Section 11.

Clerics must abstain completely from all activities which are unbecoming to their state; they must not engage in indecorous occupations, nor habitually indulge in gambling for money, nor carry weapons, they must not habitually be given to hunting, and must never hunt with a pack of hounds; they must not enter saloons or other similar places without necessity or some other just cause approved by the Ordinary of the place.

Section 12.

They shall not be present at spectacles, dances, and pageants which are unbecoming to them, or at which it would be scandalous for a cleric to be, especially in public theatres.

Section 13.

Privilegium immunitatis consists in the immunity of clerics from military service and from public civil offices, which are foreign to the clerical state. The penalty for violation of this provision by a minor cleric is automatic lapse from the clerical state.

Section 14.

One who, with the permission of his own Ordinary, has gone to another diocese, remaining incardinated in his own, can be recalled for just cause and with due regard for natural equity; and the Ordinary of the other diocese also, unless he has conferred a benefice upon him, can for just cause refuse him permission to remain longer in his territory.

ARTICLE XLVII

Section 1.

Ecclesiastical office is a term to be taken in the strict sense unless the contrary appears. It includes the following elements:

[i] it must be permanently established, in the sense that the office itself is permanent; if the incumbent loses the office the office itself does not cease to exist; it merely becomes vacant.

[ii] it must be established by law, divine or ecclesiastical. The episcopate is an office established by divine law; the office of Vicar General, pastor, etc. are established by ecclesiastical law.

[iii] it must be conferred according to law.

[iv] it must carry with it some participation in ecclesiastical power either of order or of jurisdiction. If the power is that of jurisdiction, it must be ordinary, that is, attached by the law itself to that office.

Section 2.

An ecclesiastical office cannot be validly obtained without canonical provision.

Section 3.

Qualifications required by law are generally presumed not to be required for validity, unless it is so stated. Since clerics alone are capable of ecclesiastical jurisdiction, tonsure or some valid order is, by ecclesiastical law, a prerequisite for the validity of any office. The priesthood is a prerequisite for the validity of all offices, which involve the care of souls.

Section 4.

The Ordinary of the place usually has the right of conferring offices in his territory.

Section 5.

The candidate must be a cleric and have the qualifications required by law. The office should be given to the most worthy candidate.

Section 6.

Appointments to all offices should be committed to writing.

Section 7.

Any person of sound mind can, for a just cause, resign an ecclesiastical office, unless there is some special prohibition against it. A resignation made through grave fear unjustly induced, or through fraud, or substantial error, or simony, is null and void. In order that a resignation be valid it must be made personally either in writing or orally before two witnesses, or it can also be made by a proxy who has a special mandate; a written record of the resignation should be kept in the Curia.

Section 8.

Superiors should not accept resignations without a lust and proportionate cause. Ordinaries of a place must either accept or reject a resignation within one month.

Section 9.

When a resignation has been made and accepted according to law, and the acceptance thereof has been made known to the person who resigned, the office becomes vacant. The person resigning should continue in the office until he has received certain notice of the superior's acceptance.

Section 10.

Once a resignation has been made according to law, there is no longer any room for changing one's mind, but the person who resigned may obtain the office by some other title. The acceptance of a resignation must be made known in due time to those who have any right in regard to the conferring of the office.

Section 11.

A person may be unwillingly deprived of or removed from an office, either by operation of law or by an act of the lawful superior.

Section 12.

Transfer from one office to another can be effected only by the person who has the right both to accept a resignation from and to remove from the first office, and to appoint to the second. If a transfer is made with the consent of the cleric [who has the office], any just cause is sufficient for it; if it is done against his will, it requires about the same cause and the same process as deprivation from office.

Section 13.

In a transfer the first office becomes vacant when the cleric takes canonical possession of the second, unless the law or the legitimate superior has provided otherwise. The person transferred receives the income of the first office until he is in possession of the second.

Section 14.

Persons who may have elected, postulated, or presented a cleric for an office have no power to deprive him of it, or to recall or remove him from it, or to transfer him to another office.

ARTICLE XLVIII

Section 1.

Clerics are those who have been ordained, at least by first tonsure. Any ordination, once validly received, cannot become void. In those ordinations which are sacraments. this is because of divine law; in the others, because of the ecclesiastical law expressed in this canon. Nevertheless clerics can be reduced to the lay state; that is, by operation of law or by the act of lawful ecclesiastical authority, lose the rights and privileges which belong to the clerical state.

Section 2.

A major cleric is reduced to the lay state:

[i] by rescript of the Primatial See;

[ii] by judicial decreed in accordance with the canons;

[iii] by the penalty of degradation.

Section 3.

A minor cleric is reduced to the lay state:

[i] ipso facto for the reasons mentioned in the law. These are:
[a] laying aside the clerical dress and tonsure, and failing to amend after warning
[b] volunteering for military service without lawful reason
[c] freely marrying
[d] dismissal from religion
[e] having his religious profession declared void for fraud on his part.

[ii] upon his own motion, with notice to the Ordinary;

[iii] by decree of the Ordinary, for just cause, namely, if the Ordinary, everything considered, prudently judges that the cleric cannot be promoted to sacred orders with honour to the clerical state.

Section 4.

Readmission to the Clerical State. This is possible, but requires, for minor clerics, the permission of the Ordinary of the diocese in which he was incardinated, to be granted only after a careful examination of his conduct, and a suitable period of probation; for major clerics, the permission of the Primatial See. Ordination is never repeated. not even fist tonsure.

Section 5.

A cleric who received sacred orders under the compulsion of grave fear, and did not afterwards, when the fear was removed, ratify the said ordination at least tacitly, by exercising the order with the intention in such act of subjecting himself to the clerical obligations, may be reduced to the lay state by judicial judgment upon legal proof of the compulsion and the want of ratification, without the obligations of celibacy and the canonical hours.

Section 6.

All cases must be first submitted to the Primatial Office before any cleric may be reduced to the lay state.

ARTICLE XLVIX

Section 1.

It belongs exclusively to the Primatial ecclesiastical authority to erect ecclesiastical provinces, dioceses, abbacies or prelacies nullis, vicariates and prefectures apostolic, as also to change their boundaries, divide, unite or suppress them.

Section 2.

In law, the term "diocese" includes also abbacy or prelacy nullius, and the term Bishop includes an Abbot or Prelate nullius, unless the contrary appear from the nature of the case or from the context.

Section 3.

The territory of every diocese is to be divided into distinct parts; to each part is to be assigned its own church with a definite part of the population, and its own rector as the proper pastor of that territory is to be put in charge for the necessary care of souls.

Vicariates and prefectures apostolic are to be divided in the same way where it can conveniently be done.

Section 5.

The parts of a diocese are parishes; the parts of a vicariate or prefecture apostolic, if their own rector has been assigned them, are called quasi-parishes.

Section 6.

Distinct parishes for the people of various tongues or nationalities dwelling in the same city or territory, and for certain families or persons, cannot be created without special Primatial indult; as regards such parishes already in existence, no change is to be made without consulting the Primatial See.

Section 7.

The Bishop is to divide his territory into regions or districts consisting of several parishes, and which are called forane vicariates, deaneries, arch-presbyteries, etc.

Section 8.

If such division, in view of the circumstances, seems impossible or inopportune, the Bishop shall consult the Primatial See, unless provision by the latter has already been made.

ARTICLE L

Section 1.

The Primatial Curia consists of the Sacred Congregations, Tribunals, and Offices, which are enumerated and described, in the Code.

The procedure for the transaction of business in the various units is governed by general and particular rules enacted for them by the Archbishop-Primate; and all persons belonging to the Sacred Congregations, Tribunals, or Offices are bound to secrecy as provided in their respective rules.

Section 3.

No important or extraordinary business may be transacted unless it has previously been made known to the Archbishop-Primate. All favours and resolutions need the approval of the Archbishop-Primate, except those for which special faculties have been granted to the Congregations, Tribunals, or Offices and excepting also the decisions of the Archbishop- Primate.

Section 4.

The competency of the various units is determined by law; and in case a controversy arises thereon, it is to be decided by a committee of Bishops specially designated for each such occasion by the Archbishop-Primate.

Section 5.

Each Congregation is presided over by a Prefect, or, in case the Archbishop-Primate himself presides over it, it is directed by a Secretary; and consists moreover of such persons, as the Archbishop-Primate shall assign to each, with other necessary assistants.

Section 6.

The Sacred Congregation of the Primatial Office has the guardianship of faith and morals; jurisdiction over certain crimes; the condemnation of books, the Eucharistic fast for priests, etc.; prepares the agenda for the General Synods; erects and divides dioceses, and supervises their government; proposes candidates for Bishops, Auxiliaries; is in charge of the discipline of clergy and people in general; pastors, canons, associations of the faithful; ecclesiastical property; has exclusive jurisdiction over matter which relate to the government, discipline, studies, property, and privileges of religious.

Section 7.

The Sacred Congregation of the Sacraments has for its province the discipline, as distinguished from the doctrine and the rites, of the Sacraments cases on the non - consummation of marriage, on the validity of sacred orders, etc.; Mass stipends, diocesan taxes; takes care of whatever concerns rites and ceremonies in the Church. It acts as a tribunal under special rules in causes for beatification and canonization, Including, for this purpose a historical section.

Section 8.

The Sacred Congregation for Ceremonial and Extraordinary Ecclesiastical Affairs regulates the ceremonies of the Primatial Office and sacred functions performed by bishops in Wexford; handles certain matters which require negotiations with civil governments; the holding of councils and Bishops' meetings; jurisdiction to places where the sacred hierarchy is not yet established; decides matters of precedence involving either Bishops or delegates to the Primatial See; is in general charge of studies and of seminaries.

Section 9.

It is further provided in these Canons for the erection and appointment of other Tribunals or Offices by the Archbishop-Primate if the need arises.

Section 10.

Bishops are the successors of the Apostles and by divine institution are placed over particular churches, which they govern with ordinary jurisdiction under the authority of the Archbishop-Primate and the General Synod.

Section 11.

Before anyone is raised to the office of Bishop his fitness must be proved in the manner determined by the Primatial See.

Section 12.

A Bishop-elect must receive consecration within three months from the receipt of his letter of appointment, and within four months must proceed to his diocese.

Section 13.

A resident bishop is the ordinary and immediate pastor of his diocese; but he can in no way interfere in its government until he has taken canonical possession. Canonical possession is taken by showing the letter of appointment to the chapter of the cathedral church in the presence of the secretary, of the chapter or the Chancellor of the diocese.

Section 14.

Resident Bishops have the right and duty to govern the diocese both in temporal and spiritual matters, with legislative, judicial, and coercive power. to be exercised according to law. Episcopal laws become effective immediately on their promulgation unless they provide otherwise. The manner of promulgation is determined by the Bishops themselves. Even in the diocesan Synod, the Bishop is the sole legislator. His judicial power may be used in person or delegated.

Section 15.

Both resident and titular Bishops, from the moment when they receive notice of their appointment, have certain privileges and insignia. Residential Bishops, from the time of taking canonical possession of their sees, have moreover the right to receive the episcopal revenues.

Section 16.

Before his canonical appointment the candidate must make the profession of faith according to Article IX, Section 1 and take the oath of fidelity to the Primatial See.

Section 17.

The Bishop's primary duties are to govern the diocese, see to the observance of the laws of the Church, prevent abuses, safeguard the purity of faith and morals, arid promote Catholic education. He must also preach the word of God In person unless lawfully excused, and appoint suitable preachers in addition to the pastors. He is bound by the law of residence, and the extent and time of his vacation are regulated by law.

Section 18.

He is bound to apply the Mass pro populo, that is, for the people of his diocese, about eighty-eight times a year. The details of this important obligation is exactly the same as that of pastors.

Section 19.

He must make a yearly report to the Primatial See upon the state of his diocese.

Section 20.

They must make an official visitation of their diocese, partial or complete, yearly. The Bishop may perform this duty personally or through a Vicar General or other representative. If the Bishop does it in person, he may be accompanied by two clerics. Exempt religious, however, may be visited by the Bishop only in the cases expressly provided for in the law. The manner of the visitation is paternal; there is a right of recourse, without suspensive effect, from the precepts and decrees made in connection with the visitation. Unnecessary delays and the imposition of serious annoyance or burdens in connection with the visitation are to be avoided; no gift may be accepted, but board, lodging, and traveling expenses may be furnished according to local custom.

Section 21.

Titular Bishops can exercise no powers in their titular diocese, and do not even take possession of it. They are encouraged to offer the Mass pro populo occasionally for their titular see through motives of charity, but there is no obligation to do so.

Section 22.

Titular Bishops enjoy the same privileges and insignia as resident Bishops.

Section 23.

Coadjutors fall into three classes; first, Coadjutors given to the person of the bishop with right of succession; second, Coadjutors given to the person of the bishop without right of succession; and third, Coadjutors given to the episcopal see. Those of the first class succeed the Bishop in the government of the diocese after his death or retirement; those of the second class, strictly called Auxiliary Bishops lone their office immediately on the vacancy of the see; those of the third class neither lose their office nor succeed to the see, but they remain in the same subordinate position to the administrator of the diocese and to the new bishop.

Section 24.

The Archbishop-Primate and the General Synod have the exclusive right to appoint a Coadjutor for a Bishop. Usually a Coadjutor is given to the person of the bishop with right of succession; sometimes, however, he is given to the diocese. a Coadjutor given to the person of the Bishop without right of succession is specifically called an Auxiliary.

Section 25.

The rights of a Coadjutor given to the person of the bishop are to be learned from the Primatial letter by which he was appointed. Unless the letter provides otherwise, a Coadjutor given to a bishop who is entirely incapacitated has all the episcopal rights and duties; others have only such power as the bishop grants them. The bishop shall not habitually delegate to another any work which the coadjutor is able and willing to do. Whenever the bishop requests him to do so, the coadjutor, unless he is prevented by some lawful impediment, must perform the pontifical and other functions which the bishop himself would otherwise be bound to perform.

Section 26.

A coadjutor given to the diocese can exercise within the territory the functions which belong to the episcopal order, with the exception of sacred ordination; in other matters he has whatever power has been committed to him by the Primatial See or by the bishop. Section 27.

Every coadjutor, in order to take canonical possession of his office. must necessarily show the Primatial letter containing his appointment to the bishop if the latter is sui compos. A coadjutor with the right of succession and a coadjutor given to the diocese must moreover show the letter to the chapter. If the bishop is in such condition that he is incapable of a human act, all coadjutors take possession by merely showing the letter to the chapter.

Section 28.

Every coadjutor is obliged, as is the bishop himself, to reside in the diocese, and outside of vacation time chosen according to the canons, he may not absent himself except for a short time and with the permission of his bishop.

Section 29.

A coadjutor with the right of succession, as soon as the episcopal see becomes vacant, immediately becomes the Ordinary of the diocese for which he was appointed, provided that he had lawfully taken possession of his office.

Section 30.

The office of an auxiliary expires with that of the bishop unless the Primatial letter provides otherwise. If a coadjutor was given to the diocese, his office continues even after the see becomes vacant.

ARTICLE LI

Section 1.

The Diocesan Synod is a consultative body which according to Law is to be called by the Bishop every year, to consider measures for the welfare of the clergy and people of the Diocese.

Section 2.

It is convened and presided over by the Bishop, and is usually held in the Cathedral church.

Section 3.

Those who must be called to and must attend the Synod are: The Vicar General, the Canons of the Cathedral Church or the Diocesan Consultors, the Rector of at least the major seminary, the Rural Deans, a deputy from each collegiate church, the pastors of the city where the Synod is held, at least one pastor from each rural deanery, and governing abbots and one superior from every clerical religious institute in the Diocese. In addition to these, the Bishop may invite other also to the Synod, with the same consultative vote unless the invitation provides otherwise.

Section 4.

Members of the Synod may not be represented by proxy.

Section 5.

The agenda may be prepared in advance by committees appointed by the Bishop. Copies of proposed measures age given to the members before the meetings.

Section 6.

The measures are to be freely discussed in the Synod.

Section 7.

But the Bishop is the sole legislator in the Synod, the others having only a consultative vote; he alone subscribes to the Synodal constitutions, and these, if promulgated in the Synod, become obligatory at once unless express provision be made to the contrary.

Section 8.

The Diocesan Synod must conform to Article VI, Section 2 of these Canons.

Section 9.

The Diocesan Curia consists of those persons who assist the Bishop in the government of the Diocese. Hence it includes the Vicar General, the Officialis, the Chancellor, the Promoter of Justice, the Defender of the Bond, the Synodal Judges and Examiners, the Pastor Consultors, Auditors, Notaries, Couriers and Constables.

Section 10.

These appointments are all made by the Bishop and must be in writing. The appointees must take an oath before the Bishop to fulfill their office faithfully; must transact all business according to law under the authority of the Bishop; and must keep secrecy in confidential matters according to law.

Section 11.

The Vicar General is appointed by the Bishop, who also has power to remove him at will. The Vicar General is an ordinary of the place1 and assists the Bishop with ordinary power in the entire territory. Only one is to be appointed, unless more are needed; but when he is absent or incapacitated the Bishop can appoint another to take his place.

Section 12.

His qualifications are: he must be a priest of the secular clergy unless the Diocese is in the care of a religious institute, in which case he may be a member thereof; he must be at least thirty years of age, truly learned in theology and Canon Law, a man of sound doctrine, high character, prudent and experience in administration; not a brother, nephew, or uncle of the Bishop, nor, except in case of necessity, a pastor or one having the care of souls; but he may be chosen from the Diocese itself.

Section 13.

His jurisdiction is the same, as that of the Bishop except in matters, which the Bishop has reserved to himself or which according to law, require a special mandate of the Bishop. He can as a rule execute rescripts of the Primatial See which are sent to the Bishop or to a former ruler of the Diocese, and in general he has also the habitual faculties which are granted by the Primatial See to the Ordinary of the place.

Section 14.

Matters, which according to law are beyond the jurisdiction of the Vicar General without a special mandate, are:

(i) to grant excardination and incardination

(ii) to fill ecclesiastical offices

(iii) to convene the synod

(iv) to appoint pastors

(v) to remove parochial vicars

(vi) to erect pious associations

(vii) to reserve sins

(viii) to grant dimissorial letters

(ix) to permit marriages of conscience

(x) to consecrate places

(xi) to give permission for building a church

(xii) to authenticate relics

(xiii) to permit the public veneration of ancient relics whose authentication has been lost

(xiv) to fix a legal charge for the celebration of Mass by outside priests in poor churches

(xv) to establish benefices

(xvi) to unite or to confer benefices

(xvii) to grant Canonical investiture

(xviii) to permit the exchange of benefices

(xix) to act as Ordinary in causes of beatification and Canonization

(xx) to inflict ecclesiastical penalties

(xxi) to remit a penalty imposed by himself as judge

(xxii) to absolve apostates, heretics, or schismatics from excommunication.

Section 15.

The Vicar General must refer the principal acts of the Curia to the Bishop, and must notify him of measures, which have been or are to be taken to safeguard the discipline of clergy and people. He must not use his powers in any way contrary to the mind and will of the Bishop, and cannot validly grant a favour which has been denied by the Bishop, except with his consent.

Section 16.

He has the rights of precedence over all other clerics of the Diocese, unless the other cleric has the episcopal character and the Vicar General does not. In case he is himself a Bishop he has all the honourary privileges of titular Bishops; otherwise, he is entitled, for the duration of his office, to the privileges and insignia of a Prothonotary Apostolic.

Section 17.

The jurisdiction of the Vicar General expires by his resignation according to the Canons, by his recall made known to him by the Bishop, or by the vacancy of the episcopal see; it is suspended whenever the episcopal jurisdiction is suspended, and it expires whenever the jurisdiction of the episcopal see is transferred from one Bishop to another Bishop.

Section 18.

In cases the see becomes vacant, all acts except the conferring of benefices or ecclesiastical offices, which have been done by the Vicar General before he received certain notice of the Bishop's death, are valid, if the see becomes vacant by the resignation, transfer, or removal of the Bishop, acts done by the Vicar General thereafter, except the conferring of benefices or offices, are valid up to the time when he learns that the Primatial See has accepted the resignation, or has transferred or removed the Bishop. In the latter case the same is true of acts done by the Bishop himself before he receives notice of the action of the Primatial See.

Section 19.

The Officialis is a Diocesan officer appointed by the Bishop with ordinary judicial power. He may have one or more assistants, called Vice-officiales. All must be priests, learned in Canon law, and not less than thirty years of age. The are appointed by the Bishop, and removable by him.

Section 20.

The Chancellor is a priest appointed by the Bishop to take care of the records of the curia in the archives; in case of need he may be given an assistant, called the Vice-Chancellor. The Chancellor is a notary by virtue of his office.

Section 21.

The Promoter of Justice and the Defender of the Bond. These are judicial officers appointed by the Bishop. They must be priests of good reputation, of tried prudence and zeal for justice, learned in Canon Law. The duties of the Promoter of Justice are concerned with criminal trials and with contentious cases which, in the judgment of the Ordinary, may involve the public welfare. The duties of the Defender of the Bond concern cases in which the bond of marriage or of sacred orders is at stake.

Section 22.

The Synodal Judges. In every diocese there are to be not more than twelve judges appointed by the Bishop, with delegated judicial power. They must be priests of good character, learned in Canon Law, and may be from outside the diocese. If appointed in the Diocesan Synod they are called Synodal Judges; if appointed outside the Synod, they are called Prosynodal Judges, in either case their jurisdiction is the same, depending entirely on delegation by the Bishop.

Section 23.

The Code provides that both Synodal Examiners and Pastor Consultors are to be appointed in the Synod; however, between Synods, or in case a Synod is not held, the Bishop may make the appointments upon consultation with the Cathedral Chapter. Examiners so appointed are called Prosynodal. Examiners and Pastor Consultors cannot be removed by the Bishop except for grave cause and after consultation with the Chapter.

Section 24.

Examiners have two rather distinct functions: first, to conduct certain examinations for the Bishop; second, to advise him in the course of proceedings for the removal and transfer of irremovable pastors. The examinations in which they are principally employed are those for candidates for parishes; in the examination of candidates for orders, of applicants for faculties to hear confessions or to preach, and of the junior clergy.

Section 25.

A Chapter of Canons is a corporation, or collegiate moral persons, consisting of canons, and having as its principal duties the care of solemn functions in the church to which they are attached, and certain services to be rendered to the Bishop. They are divided into Cathedral and merely Collegiate Chapters. The Cathedral Chapter has certain advisory functions toward the Bishop in connection with the government of the Diocese; and in case of the vacancy of the see it takes over the government until a new Bishop is appointed, but must appoint a Vicar Capitular for the actual government of the Diocese.

Section 26.

Diocesan Consultors. These are priests of high character, noted for piety, learning and prudence, to be appointed by the Bishop in Dioceses where Cathedral Chapters have not yet been established. There are to be six, or, in dioceses of few priests, at least four, and they are to be appointed by the Bishop for three-year terms. None of them is to be removed during his term of office except for grave reason and after consultation with the other consultors. The Board of Diocesan Consultors takes the place of the Cathedral chapter as advisors to the Bishop, either while the see is occupied or while it is embarrassed or vacant, what the Code gives to the Cathedral Chapter, the same are to be understood also of the Board of Diocesan Consultors.

Section 27.

When the See is vacant, unless there is an Primatial Administrator or some other provision has been made by the Primatial See, the government of the Diocese devolves upon the chapter of the Cathedral Church, which must, within eight days from the receipt of notice of the vacancy, appoint a Vicar Capitular who shall govern the Diocese in its stead. If by special disposition of the Primatial See in any particular place, the Archbishop or another Bishop designates the administrator of a vacant diocese, the latter has all the faculties, and those only, which belong to a Vicar Capitular, and is subject to the same obligations and penalties.

Section 28.

A Vicar Forane, or Rural Dean, is a priest who is placed by the Bishop in charge of a Deanery. He is usually a pastor, is always appointed by the Bishop, and is removable by him at will. His duties are chiefly to exercise a certain supervision over the pastors of his district, for which purpose he must visit them officially at times prescribed by the Bishop. Also, in case of serious illness of any of these pastors, he must see to it that they have spiritual and material assistance, etc., and in case of their death, must see that they have proper burial and that the papers and belongings of the parish be not disturbed, The Dean also presides at the meetings or conferences for his district and reports once a year to the Bishop.

ARTICLE LII

Section 1.

The worship which is duo to the Most Holy Trinity, to each of the Divine Persons, to our Lord Jesus Christ, even under the Sacramental species, is cultus latriae; that which is due to the Blessed Virgin Mary is cultus hyperdulian; that which is due to others who reign with Christ in heaven is cultus duliae. To sacred relics and images also there is due a veneration and worship, which is relative to the person to whom the relics and images refer.

Section 2.

If worship is offered in the name of the church by persons lawfully deputed for this function and through acts which, by institution or the Church are to be offered only to God; and the saints and blessed, the worship is public: otherwise, it is private.

Section 3.

It pertains exclusively to the Primatial See to control the sacred liturgy and to approve liturgical books.

Section 4.

It is illicit for Catholics in any way to assist actively or take part in sacred worship of non-Catholics. Passive or merely material presence, for the sake of civil courtesy, duty, or respect, for a grave reason which in case of doubt should have the approval of the Bishop may be tolerated, at the funerals, weddings, and other such celebrations of non- Catholics, provided there is no danger of perversion or of scandal.

Section 5.

Prayers and exercises of piety are not to be permitted in churches or oratories without the revision and express permission of the ordinary of the place, who in difficult cases shall refer the whole matter to the Primatial See.

Section 6.

The Ordinary of the place cannot approve new litanies for public recitation.

Section 7.

In the exercise of worship the ministers of the Church must depend exclusively on ecclesiastical superiors.

Section 8.

Ordinaries of places must be watchful that the provisions of the Sacred Canons regarding divine worship be sedulously observed, and especially that, in divine worship whether public or private or in the daily life of the faithful, no superstitious practice be introduced, and that nothing be admitted which is foreign to the faith, or out of harmony with ecclesiastical tradition, or has the appearance of base profit seeking. If the Ordinary of the place makes any laws for his territory in this matter, all religious including those who are exempt are obliged to observe them: and the Ordinary can visit their churches or public oratories for this purpose.

Section 9.

Music, whether instrumental, from the organ or other instruments or vocal, in which there is any tinge of the lascivious or impure, must be entirely excluded from churches; and the liturgical laws regarding sacred music must be observed.

ARTICLE LIII

Section 1.

Each Institute enjoys those privileges, which are contained in the Code, or may have been granted to it directly by the Primatial See: every communication of privileges is henceforth excluded. The privileges, which a regular order enjoys, belong also to the nuns of that same order, in so far as they are capable of enjoying them.

Section 2.

Regulars, both men and women, including novices (except those nuns who are not subject to superiors of regulars) are exempt together with their houses and churches from the jurisdiction of the local Ordinary. except in the cases provided for by law.

Section 3.

Institutes with simple vows do not enjoy the privilege of exemption. unless it has been specially granted to them.

Section 4.

No religious is allowed to transfer to another institute, even though it be of stricter observance, without the permission of the Primatial See.

Section 5.

Every society whether of men or women, whose members imitate the manner of life of religious by living in community under the government of superiors according to approved constitutions, but without being bound by the usual three public vows, is not properly a religious institute, nor can its members be properly designated by the name of religious.

Section 6.

Lay persons are not allowed to wear the clerical dress, except students of seminaries and other aspirants to holy orders, or lay persons who are lawfully engaged for the service of a church, while they are in that same church or are taking part in some ecclesiastical ministration outside the church. Male novices, though classed as lay persons, licitly wear a habit, which in fact often coincides with the clerical dress. Altar boys, while wearing a cassock in the church or in religious services outside it, are strictly within the exception.

ARTICLE LIV

Section 1.

Those who are dedicated to the divine ministry at least by first tonsure are called clerics. They are not all of the same grade, but there is a sacred hierarchy among them, some being subordinated to others. By divine institution, the sacred hierarchy as regards order consists of Bishops, priests and ministers; as regards jurisdiction it consists of the Archbishop-Primate and the subordinate episcopate; other grades have been added to these by ecclesiastical institution.

Section 2.

Order is conferred by a sacred rite of ordination; jurisdiction, except in the case of the Archbishop-Primate, by canonical mission. The Archbishop-Primate obtains the primacy of Jurisdiction by the General Synod.

Section 3.

First tonsure is not an order but a preparation for orders. It is, however, recognized as the entrance into the clerical state; and is classed with orders, the rite by which it is conferred being called ordination. Like the orders, it is never repeated.

Section 4.

Ordination is a sacred rite, which confers the power of order. it is certainly a sacrament in case of Bishops, priests and deacons. Almost certainly it is not a sacrament, but a sacramental, in minor orders, and most probably also in the ordination of subdeacons.

Section 5.

Canonical mission means either the conferring of a ecclesiastical office by a competent ecclesiastical superior according to law or the grant of jurisdiction in some other way.

Section 6.

A prelate in the strict sense is a cleric who has ordinary jurisdiction in the external forum. He may be either a religious or secular cleric. But religious superiors as such have only dominative power over their subjects except in clerical exempt religious societies, in which they have true jurisdiction in both the internal and external fora. Religious superiors are therefore prelates only in clerical exempt religious institutes. Prelates in the strict sense are: resident Bishops, but not merely titular ones, since these have no ordinary jurisdiction; Prelates nullius; Vicars Apostolic; Vicar Genera; superiors in clerical exempt religious societies. Pastors are usually not classed as prelates, in spite of the undeniable fact that they have a certain very limited jurisdiction in the external forum.

Section 7.

Prelates honoris causa are clerics who have been honoured with a prelatial title by the Primatial See, but without jurisdiction.

ARTICLE LV

Section 1.

By first tonsure a cleric becomes incardinated in the diocese for whose service he was promoted to the clerical state.

Section 2.

One must be ordained by his own proper Bishop, or upon a dimissorial letter from him. It is illicit for another Bishop to ordain without such a dimissorial letter.

Section 3.

The proper Bishop for ordination in the case of non-religious candidates is the Bishop of the place where the candidate has a domicile and origin, or a domicile without origin; in the latter case an oath to the candidate's intention to remain in the diocese is usually required.

Section 4.

A Bishop usually ordains his own subjects for the service of his own diocese. Other cases, however, are possible.

Section 5.

If a Bishop confers tonsure upon one of his own subjects, intending him for the service of another determined diocese, by agreement with the Bishop of that diocese, the candidate is immediately incardinated in the other diocese.

Section 6.

If a Bishop ordains his own subject, intending him for the service of some other diocese not yet determined, the cleric is incardinated by first tonsure in the diocese of the ordaining Bishop, but will later be transferred to another diocese by formal excardination and incardination.

Section 7.

In order that a cleric of another diocese be validly incardinated, he must obtain from his Ordinary a letter of perpetual and absolute excardination signed by the Ordinary, and from the Ordinary of the new diocese a letter of incardination, likewise perpetual and absolute and signed by the Ordinary.

Section 8.

The Vicar General cannot grant excardination and incardination without a special mandate, and neither can the Vicar Capitular except after one year from the vacancy of the episcopal see and with the consent of the Chapter.

Section 9.

An Ordinary must not incardinate a cleric from another diocese unless the necessity or advantage of his diocese requires it, with due regard to the requirements of law regarding a canonical title for ordination. Unless he is satisfied from an authentic document that lawful excardination has been obtained. and unless he has moreover from the dismissing Curia, under secret if need be, the required testimonials regarding the cleric's birth, life, moral character, and studies, especially if the cleric in question is of a different language and nationality; and the dismissing Ordinary is bound by a grave obligation in conscience to see to it that these testimonials are truthful. Unless the cleric himself shall have declared under oath before the Ordinary or his delegate that he desires to be ascribed permanently to the new diocese according to the Sacred Canons.

ARTICLE LVI

Section 1.

The General Synod of this Communion which according to law is to be called every two years, to consider measures for the welfare of the clergy and people of the Old Roman Catholic Church in North America.

Section 2.

It is convened and presided over by the Archbishop-Primate and is usually held in the Primatial See of Wexford.

Section 3.

Members of the Synod may not be represented by proxy.

Section 4.

The agenda may be prepared in advance by committees appointed by the Archbishop- Primate. Copies of proposed measures etc. are to be given to the members before the meetings.

Section 5.

The measures are to be freely discussed in the General Synod.

Section 6.

The Archbishop-Primate, elected from the Synod of Bishops, upon acceptance of the election, assumes all the rights and privileges of that office without having to take canonical possession as in the case of the Ordinaries.

Section 7.

The Archbishop-Primate has a primacy of honour as well one of jurisdiction. The Primacy of Jurisdiction extends to the exercise of whatever is necessary and beneficial for the entire Church. He does not however, have the infallibility of the Roman Pontiff.

Section 8.

It is further provided that the Archbishop-Primate may submit his resignation to the General Synod and that body may or may not accept the resignation.

ARTICLE LVII

Section 1.

The General Synod may from time to time make changes and additions to these Constitutions and Canons.

Section 2.

It is provided that errors in typing and spelling do not invalidate any or all of these Constitutions and Canons.

Section 3.

It is further provided that the Canons in this Code of Canons invalidate any and all other Code of Canons. Only those Canons in this Code of Canons are those to be binding upon the obedience of all within the fellowship of this Church.

Section 4.

These Constitutions and Canons, after being approved and adopted, shall be binding upon the obedience of all within the fellowship of this Church, and may be further implemented by the General Synod of this Church.

PROMULGATION OF THE CONSTITUTIONS AND CANONS
OF
THE OLD ROMAN CATHOLIC CHURCH IN NORTH AMERICA

Be it known, that these Constitutions and Canons were adopted on the fourth day of December in the year of our Lord, one thousand, nine hundred and seventy eight, in token of which we affix our hand and seal, this fourth day of December and in the fifth year of our Consecration.

+ Boniface
Most Reverend Boniface Grosvold
Archbishop-Primate
Old Roman Catholic Church in North America

Archbishop-Metropolitan of the Primatial See of Wexford

+ Andreae
Most Reverend Andrew Berry
Vicar Apostolic of the Primatial See of Wexford
Vicar General to the Primate

PLEASE NOTE: The original copy of the Constitution and Canons of the Old Roman Catholic Church in North America is on file in the vaults of the Primatial See of Wexford. The original copy has the handwritten signatures.

ACCEPTANCE OF THE PROMULGATION OF THE CONSTITUTIONS AND CANONS OF THE OLD ROMAN CATHOLIC CHURCH IN NORTH AMERICA

Be it known to all, that the Constitutions and Canons of the Old Roman Catholic Church in North America, that were adopted on the fourth day of December in the year of our Lord, one thousand, nine hundred and seventy eight are to be continued as the Constitutions and Canons of the Church.

Given under our hand this fifteenth day of October in the year of our Lord, one thousand nine hundred and ninety three, In the sixteenth year of our consecration and in the first year of our primacy.

+ Andrew
Most Reverend Andrew Berry
Archbishop-Primate Old Roman Catholic Church in North America

Archbishop-Metropolitan of the Primatial See of Wexford

Email: wexford82@sympatico.ca