Book 4

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Introduction

420 canons on the sanctifying function of the church. Munus sanctificandi is the totality of actions of the faithful by which the totality of life (or special aspects of life) are sanctified. They consciously link link daily life with God. Sanctifying actions are effective symbols of this connection. Can be individual or group, can follow fixed ritual or varied, can be public or private, actions may have words, actions, and things. They are mostly organized in specific places, with specific ministers. This book deals with these symbolic, sanctifying actions. Six canons without title, what is their role? There is also a certain structure to the code - CIC has precedence over liturgical law. We could do comparative law of ministries. Canon 2 says rites are not subject of the code, however, all of book IV are norms on the juridic aspects of sacraments. There are liturgical books for ritual. Ordo defined in canon 95 - step by step instructions. Law is enacted to respond to situations and conflicts. There is a lot of theology here. Munus sanctificandi is here actualized in a "special way" through liturgy. There is also prayer, grace, good works "alia media". Reader: synopsis 83, 90, 17. 17 code, 75 schema, CLSA.

Canon 834 Sanctifying through Liturgy

§1. The Church fulfills its sanctifying function in a particular way through the sacred liturgy, the priestly function of Jesus Christ where sanctification is signified and effected through signs; public worship of God by Christ the Head and members. §2. In the name of the Church it is only by persons legitimately designated and through acts approved. Various words are used: liturgia = cultus, actiones, etc.

Canon 835 General Roles

§1. The bishops in the first place exercise the sanctifying function; they are the high priests, dispensers, directors, promoters, and guardians of liturgy. §2. Presbyters also exercise this function. §3. Deacons have a part. §4. The other members of the Christian faithful also have their own part, particularly parents for their children. Sacerdos is priest and bishop, presbyter is priest (not bishop). These are not always translated accurately.

Canon 836 Common Priesthood

Since Christian worship by the common priesthood of the Christian faithful proceeds from faith it is connected to the ministry of the word.

Canon 837 Common Action of the Church

§1. Liturgical actions are not private actions but celebrations of the Church. §2. Presence and active participation of the Christian faithful preferred.

Canon 838 Liturgical Control

§1. Apostolic See claims sole authority for the control of the sacred liturgy. §2. Control includes publishing liturgical books and reviewing translations and vigilance over liturgical regulations. §3. Conferences of bishops prepare and publish translated, adapted liturgical books. Recognitio is required. §4. Diocesan bishops gives norms.

Canon 839 "Other" Means

§1. Prayer, penance and charity greatly help to root and strengthen the kingdom of Christ in souls and contribute to the salvation of the world. §2. Local ordinaries to control the Spirit in their dioceses.

Part I: The Sacraments

  1. Part I: The Sacraments
    1. Title I: Baptism
      1. Chapter I: Celebration.
      2. Chapter II: Minister
      3. Chapter III: Recipients
      4. Chapter IV: Sponsors
      5. Chapter V: Proof and Registration
    2. Title II: Confirmation
      1. Chapter I: Celebration
      2. Chapter II: Minister
      3. Chapter III: Recipients
      4. Chapter IV: Sponsors
      5. Chapter V: Proof and Registration
    3. Title III: Eucharist
      1. Chapter I: Celebration
      2. Chapter II: Reservation and Veneration
      3. Chapter III: Offering
    4. Title IV: Penance
      1. Chapter I: Celebration
      2. Chapter II: Minister
      3. Chapter III: Recipients
      4. Chapter IV: Indulgences
    5. Title V: Anointing of the Sick (998-1007)
      1. Chapter I: Celebration
      2. Chapter II: Minister
      3. Chapter III: Recipients
    6. Title VI: Orders (Canon 1008 - 1054)
      1. Chapter I: Celebration and Minister
      2. Chapter II: Recipients
      3. Chapter III: Registration and Evidence
    7. Title VII: Marriage (Canon 1055 - 1165)
      1. Chapter I: Marriage Preparation (canon 1063-1072)
      2. Chapter II. Diriment Impediments (canon 1073-1094)
      3. Chapter III: Individual Diriment Impediments
      4. Chapter IV: Matrimonial Consent
      5. Chapter V: Canonical Form (canon 1108-1123).
      6. Chapter VI: Mixed Marriages (canon 1124-1129).
      7. Chapter VII: Secret Celebration of Marriage.
      8. Chapter VII: The Effects of Marriage (canon 1134-1140)
      9. Chapter IX: Separation (canon 1141-1155)
      10. Chapter X: Validation (canon 1156-1165).
      11. Grounds to Declare the Nullity of Marriage.
      12. Marriage processes.
      13. Roch Page - St. Paul's Ottawa
  2. Part II: Other Acts of Divine Worship
    1. Title I: Sacramentals (Canon 1166 - 1172)
    2. Title II: Liturgy of the Hours (Canon 1173 - 1175)
    3. Title III: Funerals (Canon 1176 - 1185)
      1. Chapter I: Celebration
      2. Chapter II: Funerals Allowed or Denied
    4. Title IV: Saints, Images and Relics (Canon 1186 - 1190)
    5. Title V: Vows and Oaths (Canon 1191 - 1204)
      1. Chapter I: Vows
      2. Chapter II: Oaths
  3. Part III: Sacred Places and Times
    1. Title I: Sacred Places
      1. Chapter I: Churches
      2. Chapter II: Oratories and Private Chapels
      3. Chapter III: Shrines
      4. Chapter IV: Altars
      5. Chapter V: Cemeteries
    2. Title II: Sacred Times (1244 - 1258)
      1. Chapter I: Feast Days
      2. Chapter II: Days of Penance

Canon 841 Regulation.

Canon 842 Sacraments of Initiation.

Canon 843 Right to Sacraments.

Canon 844 Liceity.

Canon 845 Sacramental Character.

Canon 846 Use Liturgical Books

Canon 847 Oils.

Canon 848 Payment.

Title I: Baptism

Canon 849 Definition.

Chapter I: Celebration.

Canon 850 Ritual.

Canon 851 Catecumenate.

Canon 852 Children.

Canon 853 Water.

Canon 854 Immersion.

Canon 855 Name.

Canon 856 Sunday.

Canon 857 Place.

Canon 858 Baptismal Font.

Canon 859 Grave Inconvenience.

Canon 860 Private Homes / Hospitals.

Chapter II: Minister

Canon 861 Ordinary Minister.

Canon 862 Territoriality.

Canon 863 Bishop Baptises Adults.

Chapter III: Recipients

Canon 864 Everyone.

Canon 865 Adults.

Canon 866 Christian Initiation.

Canon 867 Infant baptism.

Canon 868 Consent.

Canon 869 Conditional Baptism.

Canon 870 Foundling.

Canon 871 Fetus.

Chapter IV: Sponsors

Canon 872 Role.

Canon 873 Number.

Canon 874 Qualifications.

Chapter V: Proof and Registration

Canon 875 Witness.

Canon 876 Proof.

Canon 877 Record.

Canon 878 Other Minister.

Title II: Confirmation

Canon 879 Effects.

Chapter I: Celebration

Canon 880 Conferral.

Canon 881 In Mass.

Chapter II: Minister

Canon 882 Bishop.

Canon 883 De Juris Minister.

Canon 884 Personally.

Canon 885 Obligation.

Canon 886 Bishop's Right to Confirm.

Canon 887 Priests Right.

Canon 888 Exempt places.

Chapter III: Recipients

Canon 889 Candidates.

Canon 890 Proper Time.

Canon 891 Age.

Chapter IV: Sponsors

Canon 892 Duties.

Canon 893 Qualification.

Chapter V: Proof and Registration

Canon 894 Witness.

Canon 895 Record.

Canon 896 Inform the pastor.

Title III: Eucharist

Canon 897 Definition.

Canon 898 Esteem.

Chapter I: Celebration

Canon 899

Article 1: Minister

Canon 900

Canon 901

Canon 902

Canon 903

Canon 904

Canon 905 Once a Day.

Canon 906 Participants.

Canon 907 Can't Pray.

Canon 908 Christians.

Canon 909 Preparation.

Canon 910 Communion Minister.

Canon 911 Viaticum.

Article 2: Participants

Canon 912 Any Baptized.

Canon 913 Children.

Canon 914

Canon 915

Canon 916

Canon 917

Canon 918

Canon 919

Canon 920

Canon 921

Canon 922

Canon 923

Article 3: Rites and Ceremonies

Canon 924

Canon 925

Canon 926

Canon 927

Canon 928

Canon 929

Canon 930

Article 4: Time and Place

Canon 931

Canon 932

Canon 933

Chapter II: Reservation and Veneration

Canon 934

Canon 935

Canon 936

Canon 937

Canon 938

Canon 939

Canon 940

Canon 941

Canon 942

Canon 943

Canon 944

Chapter III: Offering

Canon 945

Canon 946

Canon 947

Canon 948

Canon 949

Canon 950

Canon 951

Canon 952

Canon 953

Canon 954

Canon 955

Canon 956

Canon 957

Canon 958

Title IV: Penance

Canon 959

Chapter I: Celebration

Ordinarily individual, unless danger of death or grave necessity. In a church or oratory, or elsewhere for a just cause.

Chapter II: Minister

Canon 965

Chapter III: Recipients

Chapter IV: Indulgences

Title V: Anointing of the Sick (998-1007)

Canon 998

Chapter I: Celebration

Chapter II: Minister

Chapter III: Recipients

Title VI: Orders (Canon 1008 - 1054)

Canon 1008

Chapter I: Celebration and Minister

Chapter II: Recipients

Article 1: Requirements

Article 2: Prerequisites

Confirmation. Promise to devote perpetually to ecclesiastical ministry. Unmarried (except diaconate). 5 day retreat.
Article 3: Irregularities and Impediments

Amentia or psychic illness. Apostate, heretic or schismatic. Attempted marriage while impeded. Voluntary homicide or abortion, or accomplice. Mutilation or attempted suicide. Placed an act of higher order. Neophyte. 1043 Faithful are to reveal impediments. 1047 Dispensation reserved to the Apostolic See.
Can. 1041 The following persons are irregular for the reception of orders:

one who suffers from any form of insanity, or from any other psychological infirmity, because of which he is, after experts have been consulted, judged incapable of being able to fulfil the ministry;

one who has committed the offence of apostasy, heresy or schism;

one who has attempted marriage, even a civil marriage, either while himself prevented from entering marriage whether by an existing marriage bond or by a sacred order or by a public and perpetual vow of chastity, or with a woman who is validly married or is obliged by the same vow;

one who has committed wilful homicide, or one who has actually procured an abortion, and all who have positively cooperated;

one who has gravely and maliciously mutilated himself or another, or who has attempted suicide;

one who has carried out an act of order which is reserved to those in the order of the episcopate or priesthood, while himself either not possessing that order or being barred from its exercise by some canonical penalty, declared or imposed.

Can. 1042 The following are simply impeded from receiving orders:

a man who has a wife, unless he is lawfully destined for the permanent diaconate;

2° one who exercises an office or administration forbidden to clerics, in accordance with cann. 285 and 286, of which he must render an account; the impediment binds until such time as, having relinquished the office and administration and rendered the account, he has been freed;

3° a neophyte, unless, in the judgement of the Ordinary, he has been sufficiently tested.

Can. 1043 Christ's faithful are bound to reveal, before ordination, to the Ordinary or to the parish priest, such impediments to sacred orders as they may know about.

Can. 1044 §1 The following are irregular for the exercise of orders already received:

1° one who, while bound by an irregularity for the reception of orders, unlawfully received orders;

2° one who committed the offence mentioned in can. 1041, n. 2, if the offence is public

3° one who committed any of the offences mentioned in can. 1041, nn. 3, 4,5,6.

§2 The following are impeded from the exercise of orders:

1° one who, while bound by an impediment to the reception of orders, unlawfully received orders;

2° one who suffers from insanity or from some other psychological infirmity mentioned in can. 1041, n. 1, until such time as the Ordinary, having consulted an expert, has allowed the exercise of the order in question.

Can. 1045 Ignorance of irregularities and impediments does not exempt from them.

Can. 1046 Irregularities and impediments are multiplied if they arise from different causes, not however from the repetition of the same cause, unless it is a question of the irregularity arising from the commission of wilful homicide or from having actually procured an abortion.

Can. 1047 §1 If the fact on which they are based has been brought to the judicial forum, dispensation from all irregularities is reserved to the Apostolic See alone.

§2 Dispensation from the following irregularities and impediments to the reception of orders is also reserved to the Apostolic See:

1° irregularities arising from the offences mentioned in can. 1041, nn. 2 and 3, if they are public;

2° an irregularity arising from the offence, whether public or occult, mentioned in can. 1041, n. 4;

3° the impediment mentioned in can. 1042, n. 1.

§3 To the Apostolic See is also reserved the dispensation from the irregularities for the exercise of an order received mentioned in can. 1041, n.3 but only in public cases, and in n. 4 of the same canon even in occult cases.

§4 The Ordinary can dispense from irregularities and impediments not reserved to the Holy See.

Can. 1048 In the more urgent occult cases, if the Ordinary or, in the case of the irregularities mentioned in can. 1041, nn. 3 and 4, the Penitentiary cannot be approached, and if there is imminent danger of serious harm or loss of reputation, the person who is irregular for the exercise of an order may exercise it. There remains, however, the obligation of his having recourse as soon as possible to the Ordinary or the Penitentiary, without revealing his name, and through a confessor.

Can. 1049 §1 In a petition to obtain a dispensation from irregularities or impediments, all irregularities and impediments are to be mentioned. However, a general dispensation is valid also for those omitted in good faith, with the exception of the irregularities mentioned in can. 1041, n. 4, or of others which have been brought to the judicial forum; it is not, however, valid for those concealed in bad faith.

§2 If it is question of an irregularity arising from wilful homicide or from a procured abortion, for the validity of the dispensation even the number of offences must be stated.

§3 A general dispensation from irregularities and impediments to the reception of orders is valid for all orders.

Article 4: Documents and Investigation

Chapter III: Registration and Evidence

Title VII: Marriage (Canon 1055 - 1165)

Canon 1056 Essentials.

Canon 1057 Consent.

Canon 1058 The Right to Marry.

Canon 1059 Authority.

Canon 1060 The favor of the Law.

Canon 1061 Ratum et Consummatum.

  1. A marriage is ratified by consent, consummated by conjugal relations after consent. 2. If the spouses have lived together after marriage, consummation is presumed. 3. Invalid marriage is putative, unless and until nullity is certain for both parties.

Canon 1062 Engagement.

Chapter I: Marriage Preparation (canon 1063-1072)

Canon 1063 Pastoral Assistance.

Canon 1064 Preparation Organized.

Canon 1065 Other Sacraments.

  1. Spouses should be confirmed before marriage. 2. They are also urged to receive penance and eucharist.

Canon 1066 Freedom for Marriage.

Canon 1067 Bishops's Conference.

Canon 1068 Danger of Death.

Canon 1069 Must Reveal.

Canon 1070 Investigation Results.

Canon 1071 Cautions.

Canon 1072 Early Age.

Chapter II. Diriment Impediments (canon 1073-1094)

Diriment impediments. Roch Page. 2 of the 12 that are most timely for pastoral and moral problems. Overview then dispensation, impotence will be covered, with biomedical ethical issues. Canon law should accept to be questioned by modern bioethical issues around fertility treatments. Bond of a previous marriage - and possibilities for a solution for religious practice.

Canon 1073 Defined.

Canon 1074 Public or Occult.

Canon 1075 Establishment of Impediments

Canon 1076 Custom

Canon 1077 Prohibit Marriage

Canon 1078 Dispensation

Canon 1079 Danger of Death.

Canon 1080 Emergency Dispensation

Canon 1081 Notification

Canon 1082 Occult notification

*** Leave by formal act - then you aren't bound by form. So your merely civil marriage is covered where as your civil marriage wouldn't have been covered before.

Chapter III: Individual Diriment Impediments

Canon 1083 Age.

Canon 1084 Impotence.

Canon 1085 Prior Bond

Canon 1086 Disparity of Cult / Worship.

Canon 1087 Orders.

Canon 1088 Relgious Vow.

Canon 1089 Abduction.

Canon 1090 Crime.

Canon 1091 Consanguinity

Canon 1092 Affinity.

Canon 1093 Propriety.

Canon 1094 Adoption.

Chapter IV: Matrimonial Consent

Canon 1095 Incapable.

Canon 1096 Ignorance.

Canon 1097 Error.

Canon 1098 Deceit.

Canon 1099 Indissolubility.

Canon 1101 Simulation.

Canon 1102 Condition.

Canon 1103 Force and Fear.

Canon 1104 Proxy.

Canon 1105 Proxy.

Canon 1106 Interpreter.

Canon 1107 Presumed valid.

Chapter V: Canonical Form (canon 1108-1123).

Canon 1108 Form.

Canon 1109 Assistant.

Canon 1110 Jurisdiction.

Canon 1111 Assistant.

Canon 1112 Lay Persons.

Canon 1113 Free Status.

Canon 1114 Illicit Assistance.

Canon 1115 Place.

Canon 1116 Extraordinary Form.

Canon 1117 One Catholic.

Canon 1118 Parish Church.

Canon 1119 Rites.

Canon 1120 Bishop's Rite.

Canon 1121.

Canon 1122 Registration.

Canon 1123 Other Registration.

Exceptions to form 1) presumed valid minister; 2) lay person; 3) no one available for a month, just two witnesses are okay (canon 1116; 4) catholics who have left by formal act; 5) mixed marriages, canon 1127.

Chapter VI: Mixed Marriages (canon 1124-1129).

Mixed marriages - Dignitas Conubii has interesting changes especially matrimonial process.

Canon 1124 Inter-Ecclesial Marriage.

Canon 1125 Promises.

Canon 1126 Form.

Canon 1127 Mixed / Interritual.

Canon 1128 Pastoral Care.

Canon 1129.

Chapter VII: Secret Celebration of Marriage.

Canon 1130 Permission.

Canon 1131 Meaning.

Canon 1132 Scandal.

Canon 1133 Register.

Chapter VII: The Effects of Marriage (canon 1134-1140)

Canon 1134 Bond and Sacrament.

Canon 1135 Equality.

Canon 1136 Care of Children.

Canon 1137 Legitimate

Canon 1138 Paternity.

Canon 1139 Legitimation.

Canon 1140 Effects.

Chapter IX: Separation (canon 1141-1155)

Article 1: Dissolution

Canon 1141 Indissolubility

Canon 1142 Ratum sed non consumatum.

Canon 1143 Privilegium Paulinum.

Canon 1144 Respondent.

Canon 1145 Interpellation.

Canon 1146 New Marriage.

Canon 1147 Non-Baptized.

Canon 1148 Polygamy.

Canon 1149 Other Baptized.

Canon 1150 Favor of Law.

Article 2: Separation with the Bond Remaining.

Canon 1151 Conjugal Life.

Canon 1152 Separation.

Canon 1153 Other Reasons to Separate.

Canon 1154 Child Support.

Canon 1155 Renounce Right to Separate.

Chapter X: Validation (canon 1156-1165).

Article 1: Simple Convalidation.

Canon 1156.

Canon 1157.

Canon 1158.

Canon 1159.

Canon 1160.

Article 2: Radical Sanation.

Canon 1161.

Canon 1162.

Canon 1163.

Canon 1164.

Canon 1165.

Grounds to Declare the Nullity of Marriage.

Marriage processes.

Roch Page - St. Paul's Ottawa

Part II: Other Acts of Divine Worship

[WWW]English [WWW]Latin

Title I: Sacramentals (Canon 1166 - 1172)

Introduction

Canon 1166

Canon 1168 Minister

Canon 1172 Exorcism

Title II: Liturgy of the Hours (Canon 1173 - 1175)

Canon 1173

Title III: Funerals (Canon 1176 - 1185)

Canon 1176-1185 - Funerals - more than just burying, but includes the whole ritual - Exequiae. Canon 1240-1243 Cemeteries - governed also by secular law. Three elements of funeral: 1) reception of body after common prayer in house where they died; 2) funus - songs, or mass and/or absutus - absolutions and commendations; 3) burial. 1614 all elements canonized including the two processions. Constitution on the Litury 1963 said funerals should have a more resurrection atmosphere. This was confirmed in the 1970 Missale Romanum, which also let in more local custom. 1969 ordo exequiarum - lots of space for episcopal conferences for 'innovation'.

Chapter I: Celebration

1177 Place

Canon 1178 Bishops

Canon 1179 Religious

Canon 1180 Cemetary

Canon 1181 The Poor

Canon 1182 Registry

Chapter II: Funerals Allowed or Denied

Canon 1183 Included

Canon 1184 Excluded

Canon 1185 Exclusion from Church funeral includes exclusion from funeral Mass.

Title IV: Saints, Images and Relics (Canon 1186 - 1190)

5 canons left from the 14 of CIC1917. Also governed by liturgical law which is 'less important' which is easier to change. This area is also quite strongly governed by particular law.
Canon 1186 Mary

Canon 1187 Cult

Canon 1188 Images

Canon 1189 Restoration

Canon 1190 Sale

Title V: Vows and Oaths (Canon 1191 - 1204)

Chapter I: Vows

Canon 1191

Canon 1192

Canon 1193 Obligation

Canon 1194 Vow ceases

Canon 1195

Canon 1196 Dispensation

Canon 1197 Commutation

Canon 1198 Religious Profession

Chapter II: Oaths

Canon 1199 Defined

Canon 1200 Promissory Oath

Canon 1201

Canon 1202 Cessation

Part III: Sacred Places and Times

Title I: Sacred Places

Canon 1205 Definition

Canon 1206 Minister

Canon 1207 Blessing

Canon 1208 Record

Canon 1209 Proof

Canon 1210 Non Profane Acts

Canon 1211 Violation

Canon 1212 Exsacration

Canon 1213 Power

Chapter I: Churches

Canon 1214 Definition

Canon 1215 Building Churches

Canon 1216 Experts

Canon 1217 Dedication

Canon 1218 Title

Canon 1219 All Worship.

Canon 1220 Maintenance.

Canon 1221 Free of Charge.

Canon 1222 Unused Church

Chapter II: Oratories and Private Chapels

Canon 1223 Oratory.

Canon 1224 Permission

Canon 1225 Celebrations.

Canon 1226 Private Chapel.

Canon 1227 Bishops Chapel.

Canon 1228 Mass.

Canon 1229 Blessing.

Chapter III: Shrines

Canon 1230 Shrine.

Canon 1231

Canon 1232 Approval.

Canon 1233 Privileges.

Canon 1234 Devotions.

Chapter IV: Altars

Canon 1235 Altar.

Canon 1236 Fixed

Canon 1237 Dedication

Canon 1238 Loss of Dedication

Canon 1239 Sacred Use

Chapter V: Cemeteries

Canon 1240 Church Cemeteries

Canon 1241 Parish

Canon 1242 Churches

Canon 1243 Management

Title II: Sacred Times (1244 - 1258)

Mention of holy times Apoc 1:10. Developed to: common meeting, vespers, matins, public mass and rest; meeting most important. Later public mass became more important - because mendicants let people into the mass. Trent put the obligation back in the territorial parish church - 22nd session discussed mass, but no regulations. Canisius and Bellarmine stressed mass and rest. First established universally in 1917 code and continued in this code.
Canon 1244 Establishment

Canon 1245 Dispensation

Chapter I: Feast Days

Canon 1246 Feast Days.

Canon 1247 Sundays.

Canon 1248 Obligation.

Chapter II: Days of Penance

Canon 1249 Days of Penance.

Canon 1250 Fridays.

Canon 1251 Abstinence

Canon 1252 Those Bound.

Canon 1253 Substitution.

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