1917 Code of Canon Law
The 1917 Code of Canon Law referred to as the Pio-Benedictine Code, was the first official comprehensive codification of Latin canon law. It was promulgated on 27 May 1917 and took legal effect on 19 May 1918, it was in force until the 1983 Code of Canon Law took legal effect and abrogated it on 27 November 1983. It has been described as "the greatest revolution in canon law since the time of Gratian". Papal attempts at codification of the scattered mass of canon law spanned the eight centuries since Gratian produced his Decretum c. 1150. In the 13th century canon law became the object of scientific study, 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, 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. Since the close of the ‘’Corpus Juris’’ numerous new laws and decrees had been issued by popes and Roman Congregations.
No complete collection of them had been published and they remained scattered through the ponderous volumes of the ‘’Bullaria’’ the ‘’Acta Sanctae Sedis’’, 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. Great confusion was thus engendered and correct knowledge of the law rendered difficult for those who had to enforce it. 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, determine how far they were to be maintained and observed; 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 studied.
The council never finished 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 St. Pius X to order the creation of the first Code of Canon Law, a single volume of stated laws. In response to the request of the bishops at the First Vatican Council, on 14 May 1904, with the motu proprio Arduum sane munus, Pope Pius X set up a commission to begin reducing these diverse documents into a single code, presenting the normative portion in the form of systematic short canons shorn of the preliminary considerations and omitting those parts, superseded by developments. 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," but more the 1917 Code.
In its preparation centuries of material were examined, scrutinized for authenticity by leading experts, harmonized as much as possible with opposing canons and other codes, from the Codex of Justinian to the Napoleonic Code. 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 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; every Latin bishop had the right to permanently keep a representative in Rome to give him voice at the meetings of the codification commission. By the winter of 1912, the "whole span of the code" had been completed, so that a provisional text was printed.
The 1912 text was sent out to all Latin bishops and superiors general for their comment, 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 consider the suggestions. The new code was completed in 1916; the code was promulgated on 27 May 1917, Pentecost Sunday, as the Code of Canon Law by Pius' successor, Pope Benedict XV, who set 19 May 1918 as the date on which it came into force. 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", such as the effects of baptism, it contained 2,414 canons. On 15 September 1917, by the motu proprio Cum Iuris Canonici, Pope Benedict XV made provision for a Pontifical Commission charged with interpreting the code and making any necessary modifications as 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, etc. so as not to subvert the
Indulgentiarum Doctrina is an apostolic constitution about indulgences issued by Pope Paul VI on 1 January 1967. It responds to suggestions made at the Second Vatican Council, it revised the practical application of the traditional doctrine relating to indulgences; the title is taken from the opening words of the original Latin text. According to the Catechism of the Catholic Church, "The forgiveness of sin and restoration of communion with God entail the remission of the eternal punishment of sin, but temporal punishment of sin remains."Paul VI explained that sin brings punishments inflicted by God's sanctity and justice, which must be expiated either here on earth or else in the life to come. "These punishments are imposed by the just and merciful judgment of God for the purification of souls, the defense of the sanctity of the moral order and the restoration of the glory of God to its full majesty." Such expiation takes the form of penance, traditionally described as prayers and alms, but includes works of mercy and charity.
"That punishment or the vestiges of sin may remain to be expiated or cleansed and that they in fact do after the remission of guilt is demonstrated by the doctrine on purgatory. In purgatory, in fact, the souls of those'who died in the charity of God and repentant, but before satisfying with worthy fruits of penance for sins committed and for omissions' are cleansed after death with purgatorial punishments"; the document stressed that the Church's aim was not to help the faithful make due satisfaction for their sins, but chiefly to bring them to greater fervour of charity. For this purpose, Paul VI decreed that partial indulgences granted as the equivalent of a certain number of days, quarantines, or years of canonical penance supplement, to the same degree, the remission that those performing the indulgenced action gain by the charity and contrition with which they do it. "For all men who walk this earth daily commit at least venial sins. "Indulgences cannot be gained without a sincere conversion of outlook and unity with God".
An indulgence is the remission before God of the temporal punishment due sins forgiven as far as their guilt is concerned. "The aim pursued by ecclesiastical authority in granting indulgences is not only that of helping the faithful to expiate the punishment due to sin but that of urging them to perform works of piety and charity—particularly those which lead to growth in faith and which favor the common good."An indulgence is partial or plenary accordingly, as it removes either part or all of the temporal punishment due sin. Indulgences can always be applied to the dead by way of suffrage; the apostolic constitution ordered a revision of the official list of indulgenced prayers and good works, called the Raccolta, "with a view to attaching indulgences only to the most important prayers and works of piety and penance". This removed from the list of indulgenced prayers and good works, now called the Enchiridion Indulgentiarum, many prayers for which various religious institutes and similar groups had succeeded in the course of centuries in obtaining grants of indulgences, but which could not be classified as among "the most important".
Religious institutes and the like, to which grants of plenary indulgences, for instance for visiting a particular church or shrine, had been made, were given a year from the date of promulgation of Indulgentiarum Doctrina to have them confirmed, any that were not confirmed within two years became null and void. The Enchiridion Indulgentiarum reached its fourth edition in Latin in 1999, is available on the Holy See's website. An English translation of the second edition is available online; the Enchiridion Indulgentiarum differs from the Raccolta in that it lists "only the most important prayers and works of piety and penance". On the other hand, it includes new general grants of partial indulgences that apply to a wide range of prayerful actions, it indicates that the prayers that it does list as deserving veneration on account of divine inspiration or antiquity or as being in widespread use are only examples of those to which the first these general grants applies: "Raising the mind to God with humble trust while performing one's duties and bearing life's difficulties, adding, at least mentally, some pious invocation".
In this way, the Enchiridion Indulgentiarum, in spite of its smaller size, classifies as indulgenced an immensely greater number of prayers than were treated as such in the Raccolta. There are four general grants of indulgence, which are meant to encourage the faithful to infuse a Christian spirit into the actions of their daily lives and to strive for perfection of charity; these indulgences are partial, their worth therefore depends on the fervour with which the person performs the recommended actions: Raising the mind to God with humble trust while performing one's duties and bearing life's difficulties, adding, at least mentally, some pious invocation. Devoting oneself or one's goods compassionately in a spirit of faith to the service of one's brothers and sisters in need. Abstaining in a spirit of penance from something licit and pleasant. Giving open witness to one's faith before others in particular circumstances of everyday life. Among the particula
Benedictus Deus (Pius IV)
Benedictus Deus is a papal bull written by Pius IV in 1564 which ratified all decrees and definitions of the Council of Trent. It maintains that the decrees of the Council of Trent can be interpreted by the Papal office itself; this was seen by Church contemporaries of Pius IV as an attempt to strengthen the influence of the Papacy against the rise of Conciliarism exemplified by the Council of Trent itself. There is a more minor bull of the same title written by Benedict XII in 1336. Bulla S. D. N. D. Pii Divina Providentia papae generalis concilii Tridentini. Mexicopoli: Ocharte, 1565 Text at archive.org The full text of Benedictus Deus at Wikisource
Sacrosanctum Concilium, the Constitution on the Sacred Liturgy, is one of the constitutions of the Second Vatican Council. It was approved by the assembled bishops by a vote of 2,147 to 4 and promulgated by Pope Paul VI on 4 December 1963; the main aim was to achieve greater lay participation in the Catholic Church's liturgy. The title is taken from the opening lines of the document and means "this Sacred Council"; the numbers given correspond to section numbers within the text. Introduction General Principles for the Restoration and Promotion of the Sacred Liturgy The Nature of the Sacred Liturgy and Its Importance in the Church's Life The Promotion of Liturgical Instruction and Active Participation The Reform of the Sacred Liturgy General Norms Norms Drawn from the Hierarchic and Communal Nature of the Liturgy Norms Based Upon the Didactic and Pastoral Nature of the Liturgy Norms for Adapting the Liturgy to the Culture and Traditions of Peoples Promotion of Liturgical Life in Diocese and Parish The Promotion of Pastoral-Liturgical Action The Most Sacred Mystery of the Eucharist The Other Sacraments and the Sacramentals The Divine Office The Liturgical Year Sacred Music Sacred Art and Sacred Furnishings Appendix: A Declaration of the Second Ecumenical Council of the Vatican on Revision of the Calendar As is customary with Catholic documents, the name of this constitution, "Sacred Council" in Latin, is taken from the first line of the document: 1.
This sacred Council has several aims in view: it desires to impart an increasing vigor to the Christian life of the faithful. The Council therefore sees cogent reasons for undertaking the reform and promotion of the liturgy. One of the first issues considered by the council, the matter that had the most immediate effect on the lives of individual Catholics, was the renewal of the liturgy; the central idea was. Mother Church earnestly desires that all the faithful should be led to that conscious and active participation in liturgical celebrations, demanded by the nature of the liturgy; such participation by the Christian people as a chosen race, a royal priesthood, a holy nation, a redeemed people, is their right and duty by reason of their baptism. Popes Pius X, Pius XI, Pius XII asked that the people be taught how to chant the responses at Mass and that they learn the prayers of the Mass in order to participate intelligently. Now the bishops decreed that: "To promote active participation, the people should be encouraged to take part by means of acclamations, psalmody and songs."
Composers should "produce compositions which... for the active participation of the entire assembly of the faithful."After centuries when, with the Mass in Latin, Catholic piety centred around popular devotions, the bishops decreed that "Popular devotions... should be so drawn up that they harmonize with the liturgical seasons, accord with the sacred liturgy, are in some fashion derived from it, lead the people to it, since, in fact, the liturgy by its nature far surpasses any of them."On 24 August 2017 Pope Francis emphasized that "the reform of the liturgy is irreversible" and called for continued efforts to implement the reforms, repeating what Pope Paul VI had said one year before he died: "The time has come, now, to leave aside the disruptive ferments pernicious in one sense or the other, to implement according to its right inspiring criteria, the reform approved by us in application of the decisions of the council." The council fathers established guidelines to govern the renewal of the liturgy, which included and encouraged greater use of the vernacular in addition to Latin for the biblical readings and other prayers.
Implementation of the council's directives on the liturgy was to be carried out under the authority of Pope Paul VI by a special papal commission incorporated in the Congregation for Divine Worship and the Discipline of the Sacraments, and, in the areas entrusted to them, by national conferences of bishops, which, if they had a shared language, were expected to collaborate in producing a common translation. Magnum principium Mass of Paul VI Musicam sacram
Pastor bonus is an apostolic constitution promulgated by Pope John Paul II on 28 June 1988. It instituted a number of reforms in the process of running the central government of the Roman Catholic Church, as article 1 states "The Roman Curia is the complex of dicasteries and institutes which help the Roman Pontiff in the exercise of his supreme pastoral office for the good and service of the whole Church and of the particular Churches, it thus strengthens the unity of the faith and the communion of the people of God and promotes the mission proper to the Church in the world". Pastor bonus laid out in considerable detail the organization of the Roman Curia, specifying the names and composition of each dicastery, enumerating which competencies, or responsibilities, each dicastery was charged with overseeing, it replaced the previous governing document, Regimini Ecclesiæ universæ, released by Paul VI in 1967. It delineated the roles of the Secretariat of State, Tribunals, Pontifical Councils, Administrative Services and Pontifical Commissions of the Roman Curia.
It established the norms for the ad limina visits of bishops to Rome and the relationship between the Holy See and the particular Churches and episcopal conferences. Among the changes formulated in the constitution was the re-integration of the Council for Public Affairs of the Church into the Secretariat of State as the Section for Relations with States; the Council for Public Affairs of the Church had been a section of the Secretariat of State, but was made an independent dicastery by Pope Paul VI in 1967. The constitution opened membership in dicasteries to priests, deacons and lay persons. For centuries, only cardinals were eligible for membership in the organs of the Holy See, but Pope Paul VI allowed diocesan bishops to be members following calls for collegiality at the Second Vatican Council. Pastor bonus continued the opening of the central government of the church by allowing representatives of all the faithful to have a role in the Roman Curia; as of March 2016, Pastor bonus has been amended by Quaerit semper in 2011, Ministrorum institutio and Fides per doctrinam in 2013, Confermando una tradizione in 2014.
In the Apostolic Letter Ministrorum institutio of 16 January 2013, Pope Benedict XVI transferred the governance of seminaries from the Congregation for Catholic Education to the Congregation for the Clergy. On the same day the Apostolic Letter Fides per doctrinam transferred the competence of catechesis from the Congregation for Clergy to the Pontifical Council for Promoting New Evangelization. In October 2013, Pope Francis and his Council of Cardinals were reviewing Pastor bonus for possible further revisions. On 24 February 2014, Francis issued the Apostolic Letter Fidelis dispensator et prudens establishing the Council for the Economy to oversee the administrative and financial structures and activities of the dicasteries of the Roman Curia, the institutions linked to the Holy See, the Vatican City State, it established the Secretariat for the Economy as a dicastery of the Roman Curia. Original text Full text, translated to English by Francis C. C. F. Kelly, James H. Provost, Michel Thériault and revised by Canadian Conference of Catholic Bishops and the Secretariat of State, authorized by the Secretariat of State.
Wooden, Cindy. "Changing needs, changing names: Reform of Curia is Vatican tradition", Catholic New Service, 13 July 2014 at the Library of Congress Web Archives
Plenitudo potestatis was a term employed by medieval canonists to describe the jurisdictional power of the papacy. In the thirteenth century, the canonists used the term plenitudo potestatis to characterize the power of the pope within the church, or, more the pope's prerogative in the secular sphere. However, during the thirteenth century the pope's plenitudo potestatis expanded as the Church became centralized, the pope's presence made itself felt every day in legislation, judicial appeals, finance. Although Plenitudo potestatis had been used in canonical writings since the time of Pope Leo I, Pope Innocent III was the first pope to use the term as a description of papal governmental power. Many historians have concluded; the pope was the highest judge in the Church. His decisions were absolute and could not be abrogated by inferior members of the ecclesiastical hierarchy. Hof, Hans, "Plenitudo potestatis und imitatio imperii zur Zeit Innocenz III", Zeitschrift für katholische Theologie, 77, 1954-1955, p. 39-71.
Watt, John A. "The Use of the Term plenitudo potestatis by Hostiensis", dans Proceedings of the Second International Congress of Medieval Canon Law, éd. S. Kuttner, J. J. Ryan, Cité du Vatican, BAV, 1965, p. 161-187. Benson, Robert L. "Plenitudo potestatis: Evolution of a Formula from Gregory VII to Gratian", dans Collectanea Stephan Kuttner. Studia Gratiana 14, 1967, p. 195-217. McCready, William D. "Papal Plenitudo Potestatis and the Source of Temporal Authority in Late Medieval Papal Hierocratic Theory", Speculum 48, 1973, p. 654-674. Marchetto, Agostino, "In partem sollicitudinis… non in plenitudinem potestatis: evoluzione di una formula di rapporto primato-episcopato", dans Studia in honorem eminentissimi cardinalis Alphonsi M. Stickler, éd. R. J. Castillo Lara, Libreria Ateneo Salesiano, 1992, p. 269-298. Kéry, Lotte, "De plenitudo potestatis sed non de jure. Eine inquisitio von 1209/1210 gegen Abt Walter von Corbie", dans Licet preter solitum. Ludwig Falkenstein zum 65. Geburtstag, éd. L. Kéry, D. Lohrmann, H. Müller, Aix-la-Chapelle, Shaker Verlag, 1998, p. 91-117.
Recchia, Alessandro, "L'uso della formula plenitudo potestatis da Leone Magno ad Uguccione da Pisa", Mursia, 1999. Schmidt, Hans-Joachim, "The Papal and Imperial Concept of plenitudo potestatis: the Influence of Pope Innocent III on Emperor Frederick II"", dans Pope Innocent III and his World, éd. J. C. Moore, Ashgate, 1999, p. 305-314. Julien Théry, « Innocent III et les débuts de la théocratie pontificale», dans Mémoire dominicaine, 21, p. 33-37. Julien Théry, « Le triomphe de la théocratie pontificale, du IIIe concile du Latran au pontificat de Boniface VIII », in Structures et dynamiques religieuses dans les sociétés de l’Occident latin, ed. by Marie-Madeleine de Cevins et Jean-Michel Matz, Rennes: Presses Universitaires de Rennes, 2010, p. 17-31, online. Rizzi, Marco "Plenitudo potestatis. Dalla teologia politica alla teoria dello stato assoluto", dans Images, liturgies. Les connotations politiques du message religieux, éd. P. Ventrone, L. Gaffuri, Paris, École Française de Rome, Publications de la Sorbonne, 2014, p. 49-60.
Julien Théry-Astruc, « Introduction », in Innocent III et le Midi, Privat, 2015, p. 11-35, online
The title canon Episcopi is conventionally given to a certain passage found in medieval canon law. The text originates in an early 10th-century penitential, recorded by Regino of Prüm, it is an important source on folk belief and surviving pagan customs in Francia on the eve of the formation of the Holy Roman Empire. The folk beliefs described in the text reflect the residue of pre-Christian beliefs at about one century after the Carolingian Empire had been Christianized, its condemnation of the belief in witchcraft was an important argument used by the opponents of the witch trials during the 16th century, such as Johann Weyer. The conventional title "canon Episcopi" is based on the text's incipit, was current from at least the 17th century, it is first attested in the Libri de synodalibus causis et disciplinis ecclesiasticis composed by Regino of Prüm around 906. It was included in Burchard of an early attempt at collecting all of Canon law; the text was adopted in the Decretum of Ivo of Chartres and in Gratian's authoritative Corpus juris canonici of c.
1140. Because it was included in Gratian's compilation the text was treated as canon law for the remaining part of the High Middle Ages, until Roman Catholic views on European witchcraft began to change in the late medieval period; the text of Gratian is not the same as the one used by Burchard, the distinctive features of the Corrector text were thus not transmitted to times. The text of Regino of Prüm was edited in Patrologia Latina, volume 132; the text of Burchard's Corrector has been separately edited by Wasserschleben, again by Schmitz. The incipit of Gratian's text, which gave rise to the title of "canon Episcopi" reads: Episcopi, eorumque ministri omnibus modis elaborare studeant, ut perniciosam et a diabolo inventam sortilegam et magicam artem ex parochiis suis penitus eradicent, et si aliquem virum aut mulierem hujuscemodi sceleris sectatorem invenerint, turpiter dehonestatum de parochiis suis ejiciant. "The bishops and their ministers should by all means make great effort so that they may eradicate the pernicious art of divination and magic, invented by the devil, from their parishes, if they find any man or woman adhering to such a crime, they should eject them, turpidly dishonoured, from their parishes."This condemnation the "pernicious art of divination and magic" is justified by a reference to Titus 3:10-11 on heresy.
Follows a description of the errors of "certain wicked women", who deceived by Satan believe themselves to join the train of the pagan goddess Diana during the hours of the night, to cover great distances within a multitude of women riding on beasts, during certain nights to be called to the service of their mistress. Those holding such beliefs are condemned by the text in no uncertain terms, deploring the great number of people who "relapse into pagan error" by holding such beliefs; because of this, the text instructs that all priests should teach at every possible instant that such beliefs are phantasms inspired by an evil spirit. The following paragraph presents an account of the means by which Satan takes possession of the minds of these women by appearing to them in numerous forms, how once he holds captive their minds, deludes them by means of dreams; the text emphasizes that the heretic belief is to hold that these transformations occur in the body, while they are in reality dream visions inspired in the mind.
The text proposes that it is normal to have nightly visions in which one sees things that are never seen while awake, but that it is a great stupidity to believe that the events experienced in the dream vision have taken place in the body. Examples are adduced, of Ezechiel having his prophetic visions in spirit, not in body, of the Apocalypse of John, seen in spirit, not in body, of Paul of Tarsus, who describes the events at Damascus as a vision, not as a bodily encounter; the text concludes by repeating that it should be publicly preached that all those holding such beliefs have lost their faith, believing not in God but in the devil, whosoever believes that it is possible to transform themselves into a different kind of creature, is far more wavering than an infidel. The Canon Episcopi has received a great deal of attention from historians of the witch craze period as early documentation of the Catholic church's theological position on the question of witchcraft; the position taken by the author is that these "rides of Diana" did not exist, that they are deceptions, dreams or phantasms.
It is the belief in the reality of such deceptions, considered a heresy worthy of excommunication. The position here is that the devil is real, creating delusions in the mind, but that the delusions do not have bodily reality; this s