Exequies

ESEQUIE (Funeral Rites) - The very ancient tradition of aiding the souls of the dead with special prayers has been uninterruptedly upheld by the Church and observed almost instinctively by the piety of the relatives of the deceased. The CIC [Code of Canon Law], although it presupposes funeral rites (cann. 1204, 1215, 1231, etc.), nonetheless does not describe them, referring for these to the Roman Ritual, which speaks of them in Title VI. Strictly speaking, the funeral rites begin with the prayers established for the entrance of the corpse into the church and end with those that accompany its exit from the same; they therefore do not include either the transport of the corpse from the home to the church, nor its transfer from the church to the cemetery.

All the faithful without distinction must, after death, be brought to the church for the funeral rites, and this obligation is, in general terms, a grave one (can. 1215; Rit. Rom., tit. VI, cap. 1, n. 4). Besides the baptized, catechumens who have died without guilt without Baptism also have the right to funeral rites; only the unbaptized are excluded from them (can. 1239; Rit. Rom., tit. VI, cap. 2). As a penalty, those deprived of the right to funeral rites, although baptized, are: apostates, heretics, schismatics, Freemasons and members of similar societies, certain kinds of excommunicates, suicides, those killed in duels, those who arranged to be cremated after death, and public sinners, provided that these actions concretely constitute a grave fault. However, even to these the funeral rites are granted if before dying they gave some sign of repentance (cann. 1240-41; Rit. Rom., tit. VI, cap. 2).

In the conduct of the funeral rites, although the celebration of the Mass (Rit. Rom., Tit. VI, cap. 1, n. 7) and the recitation of the divine Office (ibid., capp. 3-4), which are their principal part, hold a place of pre-eminence, there is no lack of other prayers, among which are those that accompany the entrance of the corpse into the church and its exit. In particular cases the possibility of a less solemn or simple funeral service is admitted, but it is absolutely always preferable and in itself obligatory, especially as regards the Mass, that the solemn, that is, sung, form be used. When serious circumstances do not permit the transfer of the dead to the church, the funeral rites are performed in the presence of the corpse and on any day: ordinarily on the third, seventh, thirtieth day, and the anniversary (ibid., cap. 5). In these cases it is obvious that the parts concerning the entrance and exit of the corpse from the church are to be omitted. Distinct funeral rites are appointed for children who died before the use of reason (ibid., cap. 6); for these the Church manifests, more than sadness, satisfaction, almost joy, for the innocence they certainly did not lose and for the eternal life to which they already belong. Even the sound of the bells, which in a certain sense is part of the funeral rites, is mournful for adults, festive for children.

Current ecclesiastical legislation determines in great detail the place where the funeral rites must be held. This, as a general rule, is the parish church of the deceased, if the latter had only one (can. 1216 § 1), or, if he had several, that one of them in whose territory he died (ibid., § 2); even in the case of death occurring elsewhere, for the funeral rites the corpse must be transported, if this is conveniently feasible, and always, if the relatives of the deceased wish to do so at their own expense, to the parish church (can. 1218 §§ 1-3). Notwithstanding this, every member of the faithful, including the wife and children who have reached puberty (can. 1223 § 2), has the right to choose another church, different from the parish church, for his own funeral (can. 1216 § 1). Only for those who have not reached puberty is such a choice reserved to their parents or their guardians (can. 1224 n. 1).

The right to choose the church for the funeral rites is subject in current legislation to certain restrictions, in the sense that, according to can. 1225, for the election of a church other than one's own parish church to take effect, it is strictly necessary that it be either another parish church, or a church belonging to regulars strictly so called, excluding other religious and every kind of religious women, nuns included, or that it be the patronal church (for patrons only), or another church that has a special privilege in the matter. Particular laws then determine that the church for the funeral rites of deceased cardinals is chosen each time personally by the pope if they died in Rome, while it must be the most distinguished church of the city, except in the case of a different choice made by the cardinals themselves, if death occurred elsewhere (can. 1219 § 1). Likewise, always saving a different choice, residential bishops, even if cardinals, and abbots and prelates nullius must be transported for the funeral rites to their cathedral (can. 1219 § 2). For religious, it is established as a general rule (can. 1221) that they must have the funeral rites in the church where they reside or otherwise in one of their order; nor are they permitted, unless they are bishops or merely novices, to choose another for themselves (can. 1224 n. 2). As regards persons who have died in hospitals, nursing homes, asylums, shelters, orphanages, educational institutions, prisons, etc., unless they had acquired domicile or quasi-domicile there according to can. 92, or unless by special indult the said places have been exempted from parochial jurisdiction according to can. 464 § 2 or by another means, the church for the funeral rites is that established by the general norms set out thus far.

The responsibility and the right of the funeral rites, bearing in mind the preceding exceptions, generally fall upon the parish priest of the deceased, even if the latter died elsewhere, provided that the body can be conveniently transported to his parish

(can. 1230 §§ 1-2). It is also a grave obligation of the parish priest to perform the funeral rites free of charge for the faithful departed who are truly poor (v. also DEPUTTI).

Lorenzo Simeone