Chapter II: Of the Transfer of the Corpse to the Church, the Funeral, and Deposition

Unless a grave cause obstructs, the corpses of the faithful, before they are buried, are to be transferred from the place in which they are found to the church, where the funeral, that is, the whole order of obsequies which is described in approved liturgical books, is to be fulfilled.

§ 1. The church to which the corpse must be transferred for the funeral, by ordinary law, is the church of the deceased's own parish, unless the deceased has legitimately chosen another church of funeral.

§ 2. If the deceased had several proper parishes, the church of funeral is the church of the parish in whose territory he died.

In doubt concerning the right of another church, the right of the proper parochial church must always prevail.

§ 1. Although death has happened outside one's own parish, nevertheless the corpse is to be transferred for the funeral to the church of the proper parish which is nearer, if it can be carried to it conveniently by a foot journey; otherwise to the church of the parish in which death occurred.

§ 2. It belongs to the Ordinary, for his territory, after the peculiar circumstances have been inspected, to designate the distance and other circumstances which render the transfer of the corpse to the church of funeral or to the place of burial inconvenient; and if the parishes belong to different dioceses, the designation of the Ordinary of the diocese in which the deceased passed his last day is attended to.

§ 3. Although transfer to the church of funeral or to the place of burial is inconvenient, nevertheless it is always intact for the family, heirs, or others whose interest it is, to carry the corpse there, with the expenses of transfer having been undertaken.

§ 1. If a Cardinal of the Holy Roman Church has died in the City, the body is to be transferred, for the sake of the funeral, to the church which the Roman Pontiff has designated; but if outside the City, to the more distinguished church of the city or place where death occurred, unless the Cardinal has chosen another.

§ 2. When a residential Bishop, even one increased with cardinalitial dignity, or an Abbot or Prelate nullius, has died, the body, for the sake of the funeral, must be transferred to the cathedral, abbatial, or prelatic church, if this can conveniently be done; otherwise, to the more distinguished church of the city or place, unless in either case the deceased has chosen another church.

Residential beneficiaries are to be transferred to the church of their benefice, unless they have chosen another church of funeral for themselves.

§ 1. Professed religious and novices, when they have died, are to be transferred, for the sake of the funeral, to the church or oratory of their house or at least of their religion, unless novices have chosen another church for their funeral; moreover the right of lifting the corpse and leading it to the church conducting the funeral always pertains to the religious Superior.

§ 2. If they die far from the house, so that they cannot conveniently be carried to the church of their house or at least of their religion, they are to be buried from the church of the parish where they die, unless the novice has chosen another church for the funeral, and with the right of Superiors preserved, of which in can. 1218, Sec. 3.

§ 3. The things said of novices in Sec. 1, 2 are also valid concerning servants actually serving and stably dwelling within the enclosure of the house; who nevertheless, if they have died outside the religious house, are to be buried according to the norm of can. 1216-1218.

As regards the deceased who were dwelling in a house even of regulars or in a college by reason of hospitality, education, or infirmity, and the deceased in a hospital, one must stand by canons 1216-1218, unless it is established concerning particular law or privilege; but as regards those who die in a Seminary, the prescription of can. 1368 is to be observed.

§ 1. It is permitted to all, unless they are expressly prohibited by law, to choose the church of their funeral or the cemetery of burial.

§ 2. A wife and pubescent children are entirely immune in this choice from marital or paternal power.

The following are prohibited from choosing the church of funeral or the cemetery of burial:

1° Impuberes; but for an impubescent son or daughter, even after their death, the parents or guardian can make this choice.

2° Professed religious of any grade or dignity, but not if they are Bishops.

In order that the choice of a church of funeral be valid, it is necessary that it fall either upon a parochial church, or upon a church of regulars, but not of nuns, unless there is question of women who, for the sake of service, education, infirmity, or hospitality, were staying within the enclosure of the same monastery not precariously; or upon a church of the right of patronage, if there is question of the patron; or upon another church endowed with the right of conducting funerals.

§ 1. Anyone can choose the church of funeral or the cemetery of burial personally or through another to whom he has given a legitimate mandate; and it is permitted to prove the choice made or the concession of the mandate by any legitimate manner.

§ 2. If the choice is made through another, this person can fulfill his mandate even after the death of the one mandating.

Religious and secular clerics are strictly forbidden to induce anyone by vow, oath, or pledged faith, or otherwise by promising, to choose the funeral at their churches or burial at their cemetery, or not to change a choice made; but if it has been done contrary to this, the choice is null.

§ 1. If burial has been chosen in a cemetery different from the cemetery of the deceased's own parish, the corpse is to be buried in that cemetery, provided that nothing obstructs on the part of those on whom the cemetery depends.

§ 2. When burial has been chosen in the cemetery of religious, in order that the corpse can be buried there, the consent of the religious Superior is required and suffices, according to the norm of the constitutions of each religion.

§ 1. If someone possessing the sepulcher of ancestors in some cemetery has died, with burial not chosen elsewhere, he is to be buried in the same, if he can conveniently be carried there, with the prescription of can. 1218, Sec. 3 preserved.

§ 2. For a wife the sepulcher of the husband is attended to, and, if she had several husbands, the sepulcher of the last.

§ 3. If there are several sepulchers of ancestors or of the husband, the family or heirs of the deceased are to choose the place of burial.

§ 1. The proper pastor of the deceased has not only the right but also the duty, except in a grave case of necessity, of lifting the corpse personally or through another, accompanying it to his parish church, and there fulfilling the obsequies, with the prescription of can. 1216, Sec. 2 remaining firm.

§ 2. But if death has occurred in the place of another parish, and the corpse can conveniently be carried to the church of the proper parish, it belongs to the proper pastor, after the pastor of the place has been forewarned, to lift it, accompany it to his church, and there perform the obsequies.

§ 3. If the church of funeral is a regular church or another church exempt from the jurisdiction of the pastor, the pastor, under the cross of the church conducting the funeral, lifts the corpse and leads it to the church; but the rector of the church celebrates the obsequies.

§ 4. But if the church of funeral is not exempt from the jurisdiction of the pastor, the celebration of the obsequies, with a peculiar privilege preserved, pertains not to the rector of the church conducting the funeral, but to the pastor in whose territory the church is situated, provided that the deceased was subject to the pastor.

§ 5. Other religious women are to carry religious women and novices who died in a religious house to the threshold of the enclosure; and thence, if there is question of religious women not subject to the jurisdiction of the pastor, the chaplain leads them to the church or oratory of the proper religious house and performs the obsequies; if of other religious women, the prescription of Sec. 1 is valid; but as regards religious women who died outside the house, the general prescriptions of the canons are to be observed.

§ 6. When a Cardinal of the Holy Roman Church or a Bishop has died outside the City in an episcopal city, the prescription of can. 397, n. 3 is to be observed.

§ 7. If the corpse is sent to a place where neither did the deceased have his own parish, nor had a church of funeral been legitimately chosen, the right of lifting the corpse, performing the obsequies if they are to be performed, and leading the corpse to burial pertains to the cathedral church of the same place; if this is lacking, to the church of the parish in which the cemetery is situated, unless the custom of the place or diocesan statutes bear otherwise.

§ 1. When the obsequies in the church have been completed, the corpse is to be entombed according to the norm of the liturgical books in the cemetery of the church of funeral, with the prescriptions of can. 1228, 1229 preserved.

§ 2. The one who performed the obsequies in the church has not only the right, but also the duty, except in a grave case of necessity, of accompanying the corpse to the place of burial personally or through another priest.

§ 1. A priest who accompanies the corpse to the church of funeral or to the place of burial can freely pass, also with stole and elevated cross, through the territory of another parish or diocese, even without the permission of the pastor or Ordinary.

§ 2. If the corpse is to be entombed in a cemetery to which it cannot conveniently be carried, the pastor or rector of the church of funeral cannot claim for himself the right of accompanying it outside the limits of the city or place.

§ 1. A pastor cannot, without a just and grave cause approved by the Ordinary, exclude secular clerics, religious, and pious sodalities which the family or heirs wish to call to lead the corpse to the church of funeral and to burial, and to assist at the funeral; nevertheless the clerics attached to the church itself must be invited by the family or heirs before all others.

§ 2. Societies or insignia manifestly hostile to the Catholic religion are never to be admitted.

§ 3. Those accompanying the corpse are bound to comply with the pastor concerning the procession of the funeral, with the rights of precedence of each one preserved.

§ 4. Clerics are not to carry the corpse of a lay person, of whatever kind or dignity he may have been.

§ 1. Local Ordinaries, if there does not exist one, are to prepare for their territory an index of funeral fees or alms, with the counsel of the cathedral Chapter and, if they judge it opportune, of the vicars forane of the diocese and the pastors of the episcopal city, with legitimate particular customs and all circumstances of persons and places attended to; and in it they are to determine moderately for diverse cases the rights of individuals, so that any occasion of contentions and scandal may be removed.

§ 2. If several classes are enumerated in the index, it is free for those whose interest it is to choose the class.

§ 1. It is strictly prohibited that anyone, on account of burial or obsequies or an anniversary of the dead, exact anything beyond that which is established in the diocesan index of fees.

§ 2. The poor are to be given funeral rites and buried entirely gratuitously and decently, with the obsequies prescribed according to liturgical laws and diocesan statutes.

§ 1. With particular law preserved, as often as a faithful person is not given funeral rites in his own parochial church, the parochial portion is owed to the proper pastor of the deceased, except in the case in which the corpse cannot conveniently be carried to the church of the proper parish.

§ 2. If someone has several proper parishes to which the corpse could conveniently be brought, and he is given funeral rites elsewhere, the parochial portion is to be divided among all the proper pastors.

§ 1. The parochial portion must be deducted from all and only the emoluments which are established for the funeral and entombment in the diocesan fee.

§ 2. If for any cause whatever the first solemn funeral office is not done immediately, but is done within a completed month from the day of entombment, although on this day the lesser public offices were not lacking, nevertheless the parochial portion is owed also from the emoluments of this funeral.

§ 3. The quantity of the parochial portion is to be determined in the diocesan fee; and if the parochial church and the church conducting the funeral pertain to different dioceses, the quantity of the parochial portion is attended to according to the fee of the church conducting the funeral.

When the entombment has been completed, the minister is to write in the book of the dead the name and age of the deceased, the name of the parents or spouse, the time of death, who ministered and which Sacraments, and the place and time of entombment.