Chapter — 1917 Code of Canon Law

Chapter I: Of Those Things Which Must Precede the Celebration of Marriage, and Especially of Matrimonial Publications

Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.

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Can. 1019.

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

§ 2. In danger of death, if other proofs cannot be had, the sworn affirmation of the contracting parties that they have been baptized and are detained by no impediment is sufficient, unless contrary indications are present.

1983 Code correlation: can. 1066, 1068

Cited by 14 passages

Can. 1020.

§ 1. The pastor who has the right of assisting at marriage is, at an opportune time beforehand, to investigate diligently whether anything stands in the way of contracting the marriage.

§ 2. He is also to question both the groom and the bride separately and cautiously, whether they are detained by any impediment, whether they freely give consent, especially the woman, and whether they are sufficiently instructed in Christian doctrine, unless this last questioning appears useless on account of the quality of the persons.

§ 3. It belongs to the local Ordinary to give particular norms for an investigation of this kind by the pastor.

1983 Code correlation: can. 1064, 1067

Cited by 20 passages

Can. 1021.

§ 1. Unless baptism was conferred in his own territory, the pastor is to require a testimonial of baptism from each party, or only from the Catholic party if there is question of a marriage to be contracted with a dispensation from the impediment of disparity of cult.

§ 2. Catholics who have not yet received the sacrament of confirmation are to receive it before they are admitted to marriage, if they can do this without grave inconvenience.

1983 Code correlation: can. 1065

Cited by 20 passages

Can. 1022.

It is to be announced publicly by the pastor between whom marriage is to be contracted.

Cited by 8 passages

Can. 1023.

§ 1. Publications of marriages must be made by the proper pastor.

§ 2. If a party has dwelt in another place for six months after having attained puberty, the pastor is to explain the matter to the Ordinary, who according to his prudence is either to require publications to be made there, or to prescribe that other proofs or conjectures concerning freedom of status be collected.

§ 3. If there is any suspicion concerning a contracted impediment, the pastor, even for a shorter residence, is to consult the Ordinary, who is not to permit the marriage unless first the suspicion is removed according to the norm of Sec. 2.

1983 Code correlation: can. 1067

Cited by 24 passages

Can. 1024.

Publications are to be made on three continuous Sundays and other feasts of precept in church during the solemnities of Masses, or during other divine offices to which the people come in frequency.

1983 Code correlation: can. 1067

Cited by 15 passages

Can. 1025.

The local Ordinary can, for his territory, substitute for the publications a public affixing, at the doors of the parochial church or of another church, of the names of the contracting parties for the space of at least eight days, yet in such a way that, in this space, two feast days of precept are included.

1983 Code correlation: can. 1067

Cited by 11 passages

Can. 1026.

Publications are not to be made for marriages which are contracted with a dispensation from the impediment of disparity of cult or of mixed religion, unless the local Ordinary, according to his prudence and scandal being removed, has judged it opportune to permit them, provided that apostolic dispensation has preceded and mention of the religion of the non-Catholic party is omitted.

1983 Code correlation: can. 1067

Cited by 14 passages

Can. 1027.

All the faithful are bound to reveal impediments, if they know any, to the pastor or local Ordinary before the celebration of marriage.

1983 Code correlation: can. 1069

Cited by 11 passages

Can. 1028.

§ 1. The proper local Ordinary, according to his prudent judgment, can for a legitimate cause dispense from publications to be made even in another diocese.

§ 2. If there are several proper Ordinaries, that one has the right of dispensing in whose diocese the marriage is celebrated; but if the marriage is entered into outside the proper dioceses, any proper Ordinary can dispense.

1983 Code correlation: can. 1067

Cited by 18 passages

Can. 1029.

If another pastor has carried out the investigation or publications, concerning their outcome he is immediately to make certain, by authentic document, the pastor who must assist at the marriage.

1983 Code correlation: can. 1070

Cited by 7 passages

Can. 1030.

§ 1. The investigations and publications having been completed, the pastor is not to assist at the marriage before he has received all necessary documents, and moreover before three days have run from the last publication, unless a reasonable cause asks otherwise.

§ 2. If within six months the marriage has not been contracted, the publications are to be repeated, unless something else seems good to the local Ordinary.

Cited by 17 passages

Can. 1031.

§ 1. When a doubt has arisen concerning the existence of some impediment:

1° The pastor is to investigate the matter more accurately, by questioning under oath at least two witnesses worthy of faith, provided there is no question of an impediment from whose knowledge infamy would arise for the parties, and, if it is necessary, also the parties themselves.

2° He is to carry out or complete the publications, if the doubt arose before the publications were begun or completed.

3° He is not to assist at the marriage without consulting the Ordinary, if he has prudently judged that the doubt still remains.

§ 2. When a certain impediment has been detected:

1° If the impediment is occult, the pastor is to carry out or finish the publications, and refer the matter, withholding the names, to the local Ordinary or to the Sacred Penitentiary.

2° If it is public and is detected before the publications have been begun, the pastor is not to proceed further until the impediment is removed, even if he knows that a dispensation has been obtained only for the forum of conscience; if it is detected after the first or second publication, the pastor is to complete the publications and refer the matter to the Ordinary.

§ 3. Finally, if no impediment has been detected, neither doubtful nor certain, the pastor, the publications having been completed, is to admit the parties to the celebration of marriage.

Cited by 21 passages

Can. 1032.

Except in a case of necessity, the pastor is never to assist at the marriage of wanderers of whom in can. 91, unless, the matter having been referred to the local Ordinary or to a priest delegated by him, he has obtained permission to assist.

1983 Code correlation: can. 1071

Cited by 20 passages

Can. 1033.

The pastor is not to omit, according to the diverse condition of persons, teaching spouses the sanctity of the sacrament of marriage, the mutual obligations of spouses, and the obligations of parents toward offspring; and he is to exhort them vehemently that before the celebration of marriage they diligently confess their sins and piously receive the most holy Eucharist.

1983 Code correlation: can. 1063

Cited by 15 passages

Can. 1034.

The pastor is gravely to exhort minor children under family authority not to enter marriage when the parents are unaware or reasonably unwilling; but if they refuse, he is not to assist at their marriage unless the local Ordinary has first been consulted.

1983 Code correlation: can. 1072

Cited by 16 passages