1917 Code of Canon Law

Last updated
Scale of justice, canon law.svg
Part of a series on the
Canon law of the
Catholic Church

046CupolaSPietro.jpg Catholicismportal

The 1917 Code of Canon Law, also referred to as the Pio-Benedictine Code, [1] was the first official comprehensive codification of Latin canon law. It was promulgated on 27 May 1917 [2] and took legal effect on 19 May 1918. [3] It was in force until the 1983 Code of Canon Law took legal effect and abrogated it [1] on 27 November 1983. [4] It has been described as "the greatest revolution in canon law since the time of Gratian" [5] (1150s AD).

In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law.

The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church sui iuris of the Catholic Church. It was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law, promulgated by Benedict XV on 27 May 1917.

<i>Decretum Gratiani</i>

The Decretum Gratiani, also known as the Concordia discordantium canonum or Concordantia discordantium canonum or simply as the Decretum, is a collection of canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici. It was used by canonists of the Roman Catholic Church until Pentecost 1918, when a revised Code of Canon Law promulgated by Pope Benedict XV on 27 May 1917 obtained legal force.

History

Background

Papal attempts at codification of the scattered mass of canon law spanned the eight centuries since Gratian produced his Decretum c. 1150. [6] In the 13th century especially canon law became the object of scientific study, and different compilations were made by the Roman Pontiffs. The most important of these were the five books of the Decretales Gregorii IX and the Liber Sextus of Boniface VIII. The legislation grew with time. Some of it became obsolete, and contradictions crept in so that it became difficult in recent times to discover what was of obligation and where to find the law on a particular question.

<i>Decretales Gregorii IX</i>

The Decretals of Gregory IX, also collectively called the Liber extra, are an important source of medieval Canon Law. In 1230, Pope Gregory IX ordered his chaplain and confessor, St. Raymond of Penyafort, a Dominican, to form a new canonical collection destined to replace all former collections. It has been said that the pope by this measure wished especially to emphasize his power over the Universal Church.

Pope Boniface VIII 193rd Pope of the Catholic Church

Pope Boniface VIII was pope from 24 December 1294 to his death in 1303. Caetani was of baronial origin with family connections to the papacy. He spent his early career abroad in diplomatic roles.

“Necessity” of codification

Pope St. Pius X, who ordered the codification of canon law in 1904. Pope Pius X (Retouched).jpg
Pope St. Pius X, who ordered the codification of canon law in 1904.

Since the close of the ‘’Corpus Juris’’ numerous new laws and decrees had been issued by popes, councils, and Roman Congregations. No complete collection of them had ever been published and they remained scattered through the ponderous volumes of the ‘’Bullaria’’ the ‘’Acta Sanctae Sedis’’, and other such compilations, which were accessible to only a few and for professional canonists themselves and formed an unwieldy mass of legal material. Moreover, not a few ordinances, whether included in the ‘’Corpus Juris’’ or of more recent date, appeared to be contradictory; some had been formally abrogated, others had become obsolete by long disuse; others, again, had ceased to be useful or applicable in the present condition of society. Great confusion was thus engendered and correct knowledge of the law rendered very difficult even for those who had to enforce it. [7]

In the Roman Curia, a congregation is a type of department of the Curia. They are second highest-ranking departments, ranking below the two Secretariats, and above the pontifical councils, pontifical commissions, tribunals and offices.

Acta Sanctae Sedis was a Roman monthly publication containing the principal public documents issued by the pope, directly or through the Roman Congregations.

Already in the Council of Trent the wish had been expressed in the name of the King of Portugal that a commission of learned theologians be appointed to make a thorough study of the canonical constitutions binding under pain of mortal sin, define their exact meaning, see whether their obligation should not be restricted in certain cases, and clearly determine how far they were to be maintained and observed. [7]

When the Vatican Council met in 1869 a number of bishops of different countries petitioned for a new compilation of church law that would be clear and easily studied. The council never finished its work and no attempt was made to bring the legislation up to date. By the 19th Century, this body of legislation included some 10,000 norms. Many of these were difficult to reconcile with one another due to changes in circumstances and practice. This situation impelled Pope Pius X to order the creation of the first Code of Canon Law, a single volume of clearly stated laws.

Pope Pius X Catholic Pope and saint

Pope Pius X, born Giuseppe Melchiorre Sarto, was head of the Roman Catholic Church from August 1903 to his death in 1914. Pius X is known for vigorously opposing modernist interpretations of Catholic doctrine, promoting liturgical reforms and orthodox theology. He directed the production of the 1917 Code of Canon Law, the first comprehensive and systemic work of its kind.

In response to the request of the bishops at the First Vatican Council, [8] on 14 May 1904, with the motu proprio Arduum sane munus ("A Truly Arduous Task"), Pope Pius X set up a commission to begin reducing these diverse documents into a single code, [9] presenting the normative portion in the form of systematic short canons shorn of the preliminary considerations [10] ("Whereas...") and omitting those parts that had been superseded by later developments.

First Vatican Council synod

The First Vatican Council was convoked by Pope Pius IX on 29 June 1868, after a period of planning and preparation that began on 6 December 1864. This, the twentieth ecumenical council of the Catholic Church, held three centuries after the Council of Trent, opened on 8 December 1869 and adjourned on 20 October 1870. Unlike the five earlier general councils held in Rome, which met in the Lateran Basilica and are known as Lateran councils, it met in the Vatican Basilica, hence its name. Its best-known decision is its definition of papal infallibility.

In law, motu proprio describes an official act taken without a formal request from another party. Some jurisdictions use the term sua sponte for the same concept.

Pietro Cardinal Gasparri, architect of the 1917 Code. Pietro Gasparri.jpg
Pietro Cardinal Gasparri, architect of the 1917 Code.

Under the aegis of Cardinal Pietro Gasparri, the Commission for the Codification of Canon Law was completed under Benedict XV who promulgated the Code, effective in 1918. The work having been begun by Pius X and promulgated by Benedict XV, it is sometimes called the "Pio-Benedictine Code," [1] but more often the 1917 Code. In its preparation centuries of material were examined, scrutinized for authenticity by leading experts, and harmonized as much as possible with opposing canons and even other codes, from the Codex of Justinian to the Napoleonic Code.

Codification process

Pope Pius X in a letter on 19 March 1904 announced his intention of revising the unwieldy mass of past legislation and appointed a commission of cardinals and learned consultors to undertake this difficult work. The Catholic universities of the world and the bishops of all countries were asked to cooperate. The scholars began the work and a copy of the first draft was sent to the bishops for suggestions.

In addition to the canon law experts brought to Rome to serve on the codification commission, all the Latin Church's bishops and superiors general of religious orders were periodically consulted via letter. [11] Every Latin bishop had the right to permanently keep a representative in Rome to give him voice at the meetings of the codification commission. [11]

By the winter of 1912, the "whole span of the code" [11] had been completed, so that a provisional text was printed. [11] The 1912 text was sent out to all Latin bishops and superiors general for their comment, and their notations which they sent back to the codification commission were subsequently printed and distributed to all members of the commission, in order that the members might carefully consider the suggestions. [11]

Period of enforcement

Pope Benedict XV, who promulgated the 1917 Code. Benedictus XV.jpg
Pope Benedict XV, who promulgated the 1917 Code.

The new code was completed in 1916. [12] The code was promulgated on 27 May 1917, [13] Pentecost Sunday, [14] as the Code of Canon Law (Latin : Codex Iuris Canonici) by Pius' successor, Pope Benedict XV, who set 19 May 1918 [13] as the date on which it came into force. [15] For the most part, it applied only to the Latin Church except when "it treats of things that, by their nature, apply to the Oriental", [16] such as the effects of baptism (canon 87). It contained 2,414 canons. [17]


On 15 September 1917, by the motu proprio Cum Iuris Canonici, [18] Pope Benedict XV made provision for a Pontifical Commission charged with interpreting the code and making any necessary modifications as later legislation was issued. New laws would be appended to existing canons in new paragraphs or inserted between canons, repeating the number of the previous canon and adding bis, ter, etc. [19] (e.g. "canon 1567bis" in the style of the civil law) so as not to subvert the ordering of the code, or the existing text of a canon would be completely supplanted. The numbering of the canons was not to be altered. [20]

The Latin text of the 1917 Code remained unchanged for the first 30 years of its enactment, when Pope Pius XII issued a motu proprio of 1 August 1948 that amended canon 1099 of the code, a revision that took effect on 1 January 1949. [21]

The 1917 Code was in force until Canon 6 §1 1° of the 1983 Code of Canon Law [22] took legal effect—thereby abrogating it [1] —on 27 November 1983. [4]

Decrees

On 15 September 1917, shortly after promulgating the 1917 code, Benedict XV promulgated the motu proprio Cum Iuris Canonici, which forbade the Roman Congregations from issuing new general decrees unless it was necessary to do so, and then only after consulting the Pontifical Commission charged with amending the code. The congregations were instead to issue Instructions on the canons of the code, and to make it clear that they were elucidating particular canons of the code. [23] This was done so as not to make the code obsolete soon after it was promulgated. The 1917 Code was very rarely amended, and then only slightly. [24]

Structure

Hardcover of the 1917 Code of Canon Law Cover of a copy of the 1917 Codex Iuris Canonici (Code of Canon Law).jpg
Hardcover of the 1917 Code of Canon Law

The Code presents canon law in five groupings: [25]

  1. the general principles of law
  2. the law of persons (clergy, religious, and laity)
  3. de rebus (including such "things" as the sacraments, holy places and times, divine worship, the magisterium, benefices, and temporal goods)
  4. procedures
  5. crimes and punishment

As the first complete collection of law for the Latin church, it paints a fairly accurate picture of the organizational design and the role of the papacy and the Roman curia at the outset of the twentieth century. [26]

The organization of the 1917 Code followed the divisions (Personae, Res, Actiones) of the ancient Roman jurists Gaius and Justinian. The code did not follow the classical canonical divisions (Iudex, Iudicium, Clerus, Sponsalia, Crimen). [27]

Scholarship and Criticism

During the 65 years of its enforcement, a complete translation of the 1917 Code from its original Latin was never published. Translations were forbidden, partly to ensure that interpretive disputes among scholars and canonists concerning such a new type of code would be resolved in Latin itself and not in one of the many languages used in scholarship. [28] More English-language research material exists relating to the 1917 Code than in any other language except Latin. [29]

The book "De rebus" (English: On things) was subject to much criticism due to its inclusion of supernatural subjects such as sacraments and divine worship under the category "things" [30] and due to its amalgamation of disparate subject matter. [31] It was argued by some that this was a legalistic reduction of sacramental mystery. [30] René Metz defended the codifiers's decision on the layout and scope of De rebus as being the "least bad solution" to structural problems which the codifiers themselves fully understood. [31]

This was also the canon law that for the first time in Roman Catholic Church history, legalized interest outright. [32] [ better source needed ] [33] [ failed verification ]

Related Research Articles

Sede vacante is a term for the state of an episcopal see while without a bishop. In the canon law of the Catholic Church, the term is used to refer to the vacancy of any see of a particular church, but it comes into especially wide journalistic use when the see is that of the papacy.

An apostolic constitution is the most solemn form of legislation issued by the Pope. The use of the term constitution comes from Latin constitutio, which referred to any important law issued by the Roman emperor, and is retained in church documents because of the inheritance that the canon law of the Roman Catholic Church received from Roman law.

The Roman Rota, formally the Apostolic Tribunal of the Roman Rota, and anciently the Apostolic Court of Audience, is the highest appellate tribunal of the Catholic Church, with respect to both Latin-rite members and the Eastern-rite members and is, with respect to judicial trials conducted in the Catholic Church, the highest ecclesiastical court constituted by the Holy See. An appeal may be had to the pope himself, who is the supreme ecclesiastical judge. The Catholic Church has a complete legal system, which is the oldest in the West still in use. The court is named Rota (wheel) because the judges, called auditors, originally met in a round room to hear cases. The Rota was established in the 13th century.

The Code of Canons of the Eastern Churches is the title of the 1990 codification of the common portions of the Canon Law for the 23 Eastern Catholic churches in the Catholic Church. It is divided into 30 titles and has a total of 1546 canons. The Western Latin Church is guided by its own particular Canons.

The canon law of the Catholic Church is the system of laws and legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Oriental canon law govern the 23 Eastern Catholic particular churches sui iuris.

The Eastern canonical reforms of Pope Pius XII were the several reforms of Oriental canon law and the Codex Iuris Canonici Orientalis, applying mainly to the Oriental Churches united with the Latin Church in communion with the Roman Pontiff. The Holy See's policy in this area had always two objectives, the pastoral care of approximately ten million Christians united with Rome and the creation of positive ecumenical signals to the two-hundred and fifty million Orthodox Christians outside the Church of Rome.

The Acts of Roman Congregations is a term of the canon law of the Roman Catholic Church, used to designate the documents issued by the Roman Congregations, in virtue of powers conferred on them by the Roman Pontiff.

Supremi disciplinae was a motu proprio that reduced the number of Holy Days of Obligation within the Roman Catholic Church.

Edward Neal Peters is an American Roman Catholic canonist who serves as Referendary of the Apostolic Signatura. He is professor of canon law at the Sacred Heart Major Seminary of the Archdiocese of Detroit.

The legal history of the Catholic Church is the history of the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus and the jus novum. Eastern canon law developed separately.

Promulgation in the canon law of the Catholic Church is the publication of a law by which it is made known publicly, and is required by canon law for the law to obtain legal effect. Universal laws are promulgated when they are published in Acta Apostolicae Sedis, and unless specified to the contrary, obtain legal force three months after promulgation. Particular laws are promulgated in various ways but by default take effect one month after promulgation.

For the treatise on time written by Bede the Venerable, see The Reckoning of Time.

A decree is, in a general sense, an order or law made by a superior authority for the direction of others. In the usage of the canon law of the Catholic Church, it has various meanings. Any papal Bull, Brief, or Motu Proprio is a decree inasmuch as these documents are legislative acts of the Pope. In this sense the term is quite ancient. The Roman Congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction, but were forbidden from continuing to do so under Pope Benedict XV in 1917. Each ecclesiastical province, and also each diocese may issue decrees in their periodical synods within their sphere of authority.

Oriental canon law is the law of the 23 Catholic sui juris particular churches of the Eastern Catholic tradition. Oriental canon law includes both the common tradition among all Eastern Catholic Churches, now chiefly contained in the Code of Canons of the Eastern Churches, as well as to the particular law proper to each individual sui juris particular Eastern Catholic Church. Oriental canon law is distinguished from Latin canon law, which developed along a separate line in the remnants of the Western Roman Empire, and is now chiefly codified in the 1983 Code of Canon Law.

The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. In the Oriental canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.

The philosophy, theology, and fundamental theory of canon law are the fields of philosophical, theological (ecclesiological), and legal scholarship which concern the place of canon law in the nature of the Catholic Church, both as a natural and as a supernatural entity. Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship between theology, philosophy, and canon law".

References

  1. 1 2 3 4 Dr. Edward Peters, CanonLaw.info, accessed June-9-2013
  2. Metz, "What is Canon Law?", pg. 59
  3. Metz, "What is Canon Law?", pg. 59
  4. 1 2 NYTimes.com, "New Canon Law Code in Effect for Catholics", 27-Nov-1983, accessed June-25-2013
  5. Edward N. Peters, 1917 Code, xxx
  6. Peters, Life of Benedict XV, pg. 204.
  7. 1 2 Ayrinhac, ‘’General Legislation’’ §55.
  8. Pietro Cardinal Gasparri, preface to the CIC 1917
  9. Manual of Canon Law, pg. 47
  10. Manual of Canon Law, pg. 49
  11. 1 2 3 4 5 Peters, Life of Benedict XV, pg. 205.
  12. Entry for 'canon law, new code of'. 1910 New Catholic Dictionary. http://www.studylight.org/dictionaries/ncd/view.cgi?n=1909. 1910. Accessed 14 April 2016
  13. 1 2 La Due, William J., J.C.D.: The Chair of Saint Peter: A History of the Papacy (Maryknoll, NY: Orbis Books, 1999), pg. 256.
  14. La Due, William J., J.C.D.: The Chair of Saint Peter: A History of the Papacy (Maryknoll, NY: Orbis Books, 1999), pg. 257
  15. Ap Const. Providentissima Mater Ecclesia Benedict XV, 27 May 1917
  16. canon 1, 1917 Code of Canon Law
  17. Dr. Edward N. Peters, CanonLaw.info "A Simple Overview of Canon Law", accessed June-11-2013
  18. Pope Benedict XV, motu proprio Cum Iuris Canonici of 15 September 1917, (Edward N. Peters, 1917 Code, pg. 25)
  19. Pope Benedict XV, motu proprio Cum Iuris Canonici of 15 September 1917, §III (Edward N. Peters, 1917 Code, pg. 26)
  20. Metz, What is Canon Law? pgs. 62-63
  21. Rev. Dr. Joseph Clifford Fenton, "First Change in Text Of Code of Canon Law" (sic), N.C.W.C. News Service, Dec 11, 1948.
  22. 1983 Code of Canon Law Annotated, Canon 6 (pg. 34)
  23. Pope Benedict XV, motu proprio Cum Iuris Canonici of 15 September 1917, §§II-III (Edward N. Peters, 1917 Code, pg. 26)
  24. Metz, What is Canon Law? pg. 64
  25. Metz, What is Canon Law? pg. 71
  26. William J. La Due, pg. 256
  27. Codification 1225 to 1900 Archived 2015-12-29 at the Wayback Machine , accessed 7 December 2015
  28. Edward N. Peters, 1917 Code, xxiv.
  29. Edward N. Peters, 1917 Code, xxxi
  30. 1 2 Concilium: "The Future of Canon Law"
  31. 1 2 Metz, What is Canon Law? pg. 60
  32. Paul S. Mills, John R. Presley , Islamic Finance: Theory and Practice, page 105, MacMillan Press Ltd (1999). ISBN   978-0-312-22448-6
  33. Codex Iuris Canonici, c.1735

Bibliography