INTRODUCTION
SANCTA SEDES
omnia sibi vindicat iura. Nemini liceat, sine venia Sanctae
Sedis, hunc codicem denuo imprimere aut in aliam linguam vertere.
The Holy See reserves all rights to itself. No one is permitted
without the knowledge of the Holy See to reprint this code or to translate it
into another language.
In keeping with n. 3 of the Norms issued by the Cardinal
Secretary of State on January 28,
1983, this translation has been approved by the National Conference of Catholic
Bishops. The Latin text is printed with permission of the Holy See and the
National Conference of Catholic Bishops.
Nihil obstat Most Rev. Anthony M. Pilla, President
National Conference of Catholic Bishops
Imprimatur Most Rev. William E. Lori, S.T.D., V.G.
Auxiliary Bishop of the Archdiocese of Washington
This translation, foreword, and index © copyright 1998 by
Canon Law Society of America.
All rights reserved. No part of this book maybe reproduced
in any manner without permission in writing from the respective copyright
holders, except for brief quotations in critical reviews and articles.
Case binding: isbn 0-943616-79-4
LC number 99-093240
Canon Law Society of America
Washington, DC 20064
san 237-6296
1999 First Printing
The Canon Law Society of America graciously gave permission
to include this translation of the Code of Canon Law on this CD.
ABBREVIATIONS AND SIGLA
AA Decr. Apostolicam actuositatem, 18 nov. 1965 (AAS 59
[1966] 837-864)
AAS Acta Apostolicae Sedis, Commentarium officiale
Adh. Adhortatio
AG Decr. Ad gentes, 7 dec. 1965 (AAS 58 [1966] 947-990)
AIE SCRIS Decr. Ad instituenda experimenta, 4 iun. 1970 (AAS
62 [1970] 549-550)
All. Allocutio
AP Paulus PP. VI, m.p. Ad pascendum, 15 aug. 1972 (AAS 64
[1972] 534-540)
Ap. Apostolica
art. Articulus
AS Paulus PP. VI, m.p. Apostolica sollicitudo, 15 sept. 1965
(AAS 57 [1965] 775-780)
c./cc. Canon / canones, Codex Iuris Canonici, 1917
CA Sec Rescr. Cum admotae, 6 nov. 1964 (AAS 59 [1967]
374-378)
CAl Pius PP. XII, m.p. Crebrae allatae, 22 febr. 1949 (AAS
31 [1949] 89-117)
can. / cann. Canon / canones, Codex Iuris Canonici
Orientalis
cap. Caput
CC Pius PP. XI, Enc. Casti connubii, 31 dec. 1930 (AAS 22
[1930] 539-592)
CD Decr. Christus Dominus, 28 oct. 1965 (AAS 58 [1966]
673-696)
CE Paulus PP. VI, m.p. Catholica Ecclesia, 23 oct. 1976 (AAS
68 [1976] 694-696)
CEM De Sacra Communione et de Cultu Mysterii Eucharistici
extra Missam, 1973
circ. Circulares
CI Pontificia Commissio ad Codicis Canones Authentice
Interpretandos
CICS Pontificium Consilium Instrumentis Communicationis
Socialis Praepositum
CIP Pontificia Commissio a Iustitia et Pace
CIV Pontificia Commissio Decretis Concilii Vaticani II
interpretandis
CM Paulus PP. VI, m.p. Causas matrimoniales, 28 mar. 1971
(AAS 63 [1971] 441-446)
CMat Paulus PP. VI, m.p. Cum matrimonialium, 8 sep. 1973
(AAS 65 [1973] 577-581)
Const. Constitutio
CPEN Consilium a Publicis Ecclesiae Negotiis (a 1-I-1968)
CS Pius PP. XII, m.p. Cleri sanctitati, 2 iun. 1957 (AAS 49
[1957] 433-600)
CSan SCR Instr. Cum Sanctissimus, 19 mar. 1948 (AAS 40
[1948] 293-297)
CT Ioannes Paulus PP. II, Litt. Catechesi Tradendae, 16 oct.
1979 (AAS 71 [1979] 1277-1340)
DCG SCpC Directorium catechisticum generale, 11 apr. 1971
(AAS 64 [1972] 97-176)
Decl. Declaratio
Decr. Decretum
DH Decl. Dignitatis humanae, 7 dec. 1965 (AAS 58 [1966]
929-946)
DO SCUF Directorium Oecumenicum, I: 14 maii 1967 (AAS 59
[1967] 574-592); II: 16 apr. 1970 (AAS 62 [1970] 705-724)
DPME SCE Directorium de pastorali ministerio Episcoporum, 22
feb. 1973
DS Denzinger-Schönmetzer, Enchiridion Symbolorum
Definitionum et Declarationum de rebus fidei et morum, ed. 33, 1965
DSD Pius PP. XI, Const. Ap. Deus scientiarum Dominus, 24
maii 1931 (AAS 23 [1931] 241-262)
DV Const. Dogmatica Dei Verbum, 18 nov. 1965 (AAS 58 [1966]
817-835)
EcS Paulus PP. VI, Enc. Ecclesiam Suam, 6 aug. 1964 (AAS 56
[1964] 609-659)
EM Paulus PP. VI, m.p. De Episcoporum muneribus, 15 iun.
1966 (AAS 58 [1966] 467-472)
Emys SRC Instr. Eucharisticum mysterium, 25 maii 1967 (AAS
59 [1967] 539-573)
EN Paulus PP. VI, Adh. Ap. Evangelii nuntiandi, 8 dec. 1975
(AAS 68 [1976] 5-76)
Enc. Encyclica
Ep. Epistula
EP SCDF Decr. Ecclesiae Pastorum, 19 mar. 1975 (AAS 67
[1975] 281-284)
ES Paulus PP. VI, m.p. Ecclesiae Sanctae, 6 aug. 1966 (AAS
58 [1966] 757-787)
ET Paulus PP. VI, Adh. Ap. Evangelica testificatio, 29 iun.
1971 (AAS 63 [1971] 497-526)
facul. Facultas, facultates
FC Ioannes Paulus PP. II, Adh. Ap. Familiaris Consortio, 22
nov. 1981 (AAS 74 [1982] 81-191)
GE Decl. Gravissimum Educationis, 28 oct. 1965 (AAS 58
[1966] 728-739)
gen. Generalis
GS Const. pastoralis Gaudium et Spes, 7 dec. 1966 (AAS 58
[1966] 1025-1115)
Hom. Homilia
HV Paulus PP. VI, Enc. Humanae vitae, 25 iul. 1968 (AAS 60
[1968] 481-503)
IC SCDS Instr. Immensae caritatis, 29 ian. 1973 (AAS 65
[1973] 264-271)
ID SCSCD Instr. Inaestimabile donum, 3 apr. 1980 (AAS 72
[1980] 331-343)
IOe SRC Instr. Inter Oecumenici, 26 sept. 1964 (AAS 56
[1964] 877-900)
IGLH Institutio Generalis de Liturgia Horarum, 11 apr. 1971
IGMR Institutio Generalis Missalis Romani, 26 mar. 1970
IM Decr. Inter mirifica, 4 dec. 1963 (AAS 56 [1964] 145-157)
Ind. Indultum
Instr. Instructio
LG Const. dogmatica Lumen gentium, 21 nov. 1964 (AAS 57
[1965] 5-75)
Litt. Litterae
LMR SCRIS Life and Mission of Religious in the Church
(Plenaria of SCRIS) 20 aug.1980
l.s. Latae sententiae
MC Pius PP. XII, Enc. Mystici Corporis, 29 iun. 1943 (AAS 35
[1943] 193-248)
MD Pius PP. XII, Enc. Mediator Dei, 20 nov. 1947 (AAS 39
[1947] 521-600)
MF Paulus PP. VI, Enc. Mysterium fidei, 3 sep. 1965 (AAS 57
[1965] 753-774)
MG Paulus PP. VI, All. Magno gaudio, 23 maii 1964 (AAS 56
[1964] 565-571)
MM Paulus PP. VI, m.p. Matrimonia mixta, 31 mar. 1970 (AAS
62 [1970] 257-263)
m.p. Litt. Ap. Motu proprio datae
MQ Paulus PP. VI, m.p. Ministeria quaedam, 15 aug. 1972 (AAS
64 [1972] 529-534)
MR SCRIS et SCE, Normae Mutuae Relationes, 14 maii 1978 (AAS
70 [1978] 473-506)
MS SCDF Instr. Matrimonii sacramentum, 18 mar. 1966 (AAS 58
[1966] 235-239)
nep LG nota explicativa praevia
Notif. Notificatio
NPEM CPEN Normae de promovendis ad Episcopale ministerium in
Ecclesia Latina, 25 mar. 1972 (AAS 64 [1972] 386-391)
NSRR Pius PP. XI, Normae Sacrae Romanae Rotae Tribunalis, 29
iun. 1934 (AAS 26 [1934] 449-491)
NSSA Normae speciales in Supremo Tribunali Signaturae
Apsotolicae ad experimentum servandae, 23 mar. 1968
OBP Ordo Baptismi parvulorum, 10 iun 1969
OC Ordo Confirmationis, 22 aug. 1971
OChr SCpC Litt. circ. Omnes christifideles, 25 ian. 1973
OCM Ordo Celebrandi Matrimonium, 19 mar. 1969
ODE Ordo Dedicationis Ecclesiae et Altaris, 29 maii 1977
OE Decr. Orientalium Ecclesiarum, 21 nov. 1964 (AAS 57
[1965] 76-89)
OEx Ordo Exequiarum, 15 aug. 1969
OICA Ordo Initiationis Christianae Adultorum, 1 iun. 1974
OP Ordo Paenitentiae, 2 dec. 1973
Ord. Ordinarius
OS (1966) Sec. Ordo Synodi Episcoporum celebrandae
promulgatur a Summo Pontifice approbatus, 8 dec. 1966 (AAS 59 [1967] 91-103)
OS (1969) CPEN Ordo Synodi Episcoporum celebrandae
recognitus et auctus, 24 iun. 1969 (AAS 61 [1969] 525-539)
OS (1971) CPEN Ordo Synodi Episcoporum celebrandae
recognitus et auctus nonnullis additamentis perficitur, 20 aug. 1971 (AAS 63
[1971] 702-704)
OT Decr. Optatam totius, 28 oct. 1965 (AAS 58 [1966]
713-727)
OUI Ordo Unctionis infirmorum eorumque Pastoralis Curae, 7
dec. 1972
PA SCpC Notae directivae Postquam Apostoli, 25 mar. 1980
(AAS 72 [1980] 343-364)
Paen. Paulus PP. VI, Const. Ap. Paenitemini, 17 feb. 1966
(AAS 58 [1966] 177-185)
part. Particularis
PC Decr. Perfectae caritatis, 28 oct. 1965 (AAS 58 [1966]
702-712)
PCCICOR Pontificia Commissio Codici Iuris Canonici
Orientalis Recognoscendo
PCCICR Pontificia Commissio Codici Iuris Canonici
Recognoscendo
PF Pius PP. XII, m.p. Primo feliciter, 12 mar. 1948 (AAS 450
[1948] 283-286)
PL Migne, Patrologia latina
PM Paulus PP. VI, m.p. Pastorale Munus, 30 nov. 1963 (AAS 56
[1964] 5-12)
PME Pius PP. XII, Const. Ap. Provida Mater Ecclesia, 2 feb.
1947 (AAS 39 [1947]
114-124)
PO Decr. Presbyterorum Ordinis, 7 dec. 1965 (AAS 58 [1966]
991-1024)
p. / pp. Pagella / pagellae
PR Pontificale Romanum
Prae. Praenotanda
Principia SE Normae, Principia quae Codicis Iuris Canonici
recognitionem dirigant (Communicationes 1
[1969] 77-86)
PrM SCDS Instr. Provida Mater, 15 aug. 1936 (AAS 28 [1936]
313-361)
PS SCpC Litt. circ. Presbyteri sacra, 11 apr. 1970 (AAS 62
[1970] 459-465)
RC SCRIS Instr. Renovationis causam, 6 ian. 1969 (AAS 61
[1969] 103-120)
Rescr. Rescriptum
Resol. Resolutio
Resp. Responsum
REU Paulus PP. VI, Const. Ap. Regimini Ecclesiae Universae,
15 aug. 1967 (AAS 59 [1967] 885-928)
RFS SCIC Ratio fundamentalis institutionis sacerdotalis, 6
ian. 1970 (AAS 62 [1970] 321-384)
RH Ioannes Paulus PP. II, Enc. Redemptor hominis, 4 mar.
1979 (AAS 71 [1979] 257-324)
RPE Paulus PP. VI, Const. Ap. Romano Pontifici eligendo, 1
oct. 1975 (AAS 67 [1975] 609-645)
SA Supremum Tribunal Signaturae Apostolicae
SAr SCSO Instr. Sacrae artis, 30 iun. 1952 (AAS 44 [1952]
542-546)
SC Const. Sacrosanctum Concilium, 4 dec. 1963 (AAS 56 [1964]
97-138)
SCC Sacra Congregatio Concistorialis (usque ad 31-xii-1967)
SCConc Sacra Congregatio Concilii (usque ad 31-xii-1967)
SCCD Sacra Congregatio pro Cultu Divino (a 8-v-1969 usque ad
11-vii-1975)
SCDF Sacra Congregatio pro Doctrina Fidei (a 7-xii-1965)
SCDS Sacra Congregatio de Disciplina Sacramentorum (usque ad
11-vii-1975)
SCE Sacra Congregatio pro Episcopis (a 1-i-1968)
SCEO Sacra Congregatio pro Ecclesia Orientali (usque ad
31-xii-1967) / pro Ecclesiis
Orientalibus (a 1-i-1968)
SCGE Sacra Congregatio pro Gentium Evangelizatione seu de
Propraganda Fide (a 1-i-1968)
SCh Ioannes Paulus PP. II. Const. Ap. Sapientia christiana,
15 apr. 1979 (AAS 71 [1979] 469-499)
SCIC Sacra Congregatio pro Institutione Catholica (a
1-i-1968)
SCNE Sacra Congregatio pro Negotiis Ecclesiasticis
Extraordinariis (usque ad 31-xii-1967)
SCong SCR Normae Sacra Congregatio, 7 iul. 1956
SCpC Sacra Congregatio pro Clericis (a 1-i-1968)
SCPF Sacra Congregatio de Propaganda Fide (usque ad
31-xii-1967)
SCR Sacra Congregatio de Religiosis (usque ad 31-xii-1967)
SCRIS Sacra Congregatio pro Religiosis et Institutis
Saecularibus (a 1-i-1968)
SCSCD Sacra Congregatio pro Sacramentis et Cultu Divino (a
11-vii-1975)
SCSO Sacra Congregatio Sancti Officii (usque ad 7-xii-1965)
SCSSU Sacra Congregatio de Seminariis et de Studiorum
Universitatibus (usque ad 31-xii-1967)
SCUF Secretariatus ad Christianorum Unitatem Fovendam
SDO Paulus PP. VI, m.p. Sacrum diaconatus ordinem, 18 iun.
1967 (AAS 59 [1967] 697-704)
SFS SCIC Litt. circ. Spiritual formation in seminaries, 6
ian. 1980
SE Synodus Episcoporum
Sec Secretaria Status
SN Pius PP. XII, m.p. Sollicitudinem nostram, 6 ian. 1950
(AAS 42 [1950] 5-120)
SOE Paulus PP. VI, m.p. Sollicitudo omnium Ecclesiarum, 24
iun. 1969 (AAS 61 [1969] 473-484)
SPA Sacra Paenitentiaria Apostolica
SpC Pius PP. XII, Const. Ap. Sponsa Christi, 21 nov. 1950
(AAS 43 [1951] 5-24)
SPNC Secretariatus pro non credentibus
SRC Sacra Congregatio Rituum (usque ad 8-v-1969)
SRR Sacra Romana Rota
SRRD Sacrae Romanae Rotae Decisiones seu Sententiae
Ssap PIUS PP. XII, Const. Ap. Sedes sapientiae, 31 maii 1956
(AAS 48 [1956] 334-345)
tit. Titulus
UR Decr. Unitatis redintegratio, 21 nov. 1964 (AAS 57 [1965]
90-112)
UT SE Ultimis temporibus, 30 nov. 1971 (AAS 63 [1971]
898-922)
VS SCRIS Instr. Venite seorsum, 15 aug. 1969 (AAS 61 [1969]
674-690)
APOSTOLIC CONSTITUTION SACRAE DISCIPLINAE LEGES
To our venerable brothers, cardinals, archbishops,
bishops, priests, deacons and to the other members of the
people of God,
John Paul, bishop, servant of the servants of God as a
perpetual record.
During the course of the centuries the Catholic Church has
been accustomed to reform and renew the laws of canonical discipline so that in
constant fidelity to its divine founder, they may be better adapted to the
saving mission entrusted to it. Prompted by this same purpose and fulfilling at
last the expectations of the whole Catholic world, I order today, January 25,
1983, the promulgation of the revised Code of Canon Law. In so doing, my
thoughts go back to the same day of the year 1959 when my predecessor of happy
memory, John XXIII, announced for the first time his decision to reform the
existing corpus of canonical legislation which had been promulgated on the
feast of Pentecost in the year 1917.
Such a decision to reform the Code was taken together with
two other decisions of which the Pontiff spoke on that same day: the intention
to hold a synod of the Diocese of Rome and to convoke an ecumenical council. Of
these two events, the first was not closely connected with the reform of the
Code; but the second, the council, is of supreme importance in regard to the
present matter and is closely connected with it.
If we ask why John XXIII considered it necessary to reform
the existing Code, the answer can perhaps be found in the Code itself which was
promulgated in the year 1917. But there exists also another answer and it is
the decisive one: namely, that the reform of the Code of Canon Law appeared to
be definitely desired and requested by the same council which devoted such
great attention to the Church.
As is obvious, when the revision of the Code was first
announced the council was an event of the future. Moreover, the acts of its
magisterium and especially its doctrine on the Church would be decided in the
years 1962-1965; however, it is clear to everyone that John XXIII¹s intuition
was very true, and with good reason it must be said that his decision was for
the long-term good of the Church.
Therefore the new Code which is promulgated today
necessarily required the previous work of the council. Although it was
announced together with the ecumenical council, nevertheless it follows it
chronologically because the work undertaken in its preparation, which had to be
based upon the council, could not begin until after the latter¹s completion.
Turning our minds today to the beginning of this long
journey, to that January 25, 1959 and to John XXIII himself who initiated the
revision of the Code, I must recognize that this Code derives from one and the
same intention, the renewal of Christian living. From such an intention, in
fact, the entire work of the council drew its norms and its direction.
If we now pass on to consider the nature of the work which
preceded the promulgation of the Code and also the manner in which it was
carried out, especially during the pontificates of Paul VI and John Paul I, and
from then until the present day, it must be clearly pointed out that this work
was brought to completion in an outstandingly collegial spirit. This applies
not only in regard to the material drafting of the work, but also to the very
substance of the laws enacted.
This note of collegiality eminently characterizes and
distinguishes the process of developing the present Code; it corresponds
perfectly with the teaching and the character of the Second Vatican Council.
Therefore not only because of its content but also because of its very origin,
the Code manifests the spirit of this council in whose documents the Church,
the universal ³sacrament of salvation² (dogmatic constitution on the Church
Lumen gentium, nn. 1, 9, 48), is presented as the people of God and its
hierarchical constitution appears based on the college of bishops united with
its head.
For this reason, therefore, the bishops individually and as
episcopates were invited to collaborate in the preparation of the new Code so
that by means of such a long process, by as collegial a method as possible,
juridical formulae would gradually mature which would later serve for the use
of the entire Church.
Experts chosen from all over the world also took part in all
these phases of the work, specialists in theology, history and especially canon
law.
To one and all of them I wish to express today my sentiments
of deep gratitude.
In the first place there come before my eyes the figures of
the deceased cardinals who presided over the preparatory commission: Cardinal
Pietro Ciriaci who began the work, and Cardinal Pericle Felici who, for many
years, guided the course of the work almost to its end. I think then of the
secretaries of the same commission: Monsignor Giacomo Violardo, later cardinal,
and Father Raimondo Bidagor, S.J., both of whom in carrying out this task
poured out the treasures of their doctrine and wisdom. Together with them I
recall the cardinals, archbishops, bishops and all those who were members of
that commission, as well as the consultors of the individual study groups engaged
during these years in such a difficult work, and whom God in the meantime has
called to their eternal reward. I pray to God for all of them.
I am pleased to remember also the living, beginning with the
present propresident of the commission, our venerable brother Archbishop
Rosalio Castillo Lara. For a very long time he has done excellent work in a
task of such great responsibility. I pass then to our beloved son, Monsignor
William Onclin, whose devotion and diligence have greatly contributed to the
happy outcome of the work.
I finally mention all the others in the commission itself,
whether as cardinal members or as of-ficials, consultors and collaborators in
the various study groups, or in other offices who have given their appreciated
contribution to the drafting and the completion of such a weighty and complex
work.
Therefore, in promulgating the Code today, I am fully aware
that this act is an expression of pontifical authority and therefore is
invested with a primatial character. But I am also aware that this Code in its
objective content reflects the collegial solicitude of all my brothers in the
episcopate for the Church.
Indeed, by a certain analogy with the council, it should be
considered as the fruit of a collegial collaboration because of the united
efforts on the part of specialized persons and institutions throughout the
whole Church.
A second question arises concerning the very nature of the
Code of Canon Law.
To reply adequately to this question one must mentally
recall the distant patrimony of law contained in the books of the Old and New
Testament from which is derived the whole juridical-legislative tradition of
the Church, as from its first source.
Christ the Lord, indeed, did not in the least wish to
destroy the very rich heritage of the law and the prophets which was gradually
formed from the history and experience of the people of God in the Old
Testament, but he brought it to completion (cf. Mt. 5:17) such that in a new
and higher way it became part of the heritage of the New Testament. Therefore,
although in expounding the paschal mystery St. Paul teaches that justification
is not obtained by the works of the law but by means of faith (cf. Rom. 3:28;
Gal. 2:16), he does not thereby exclude the binding force of the Decalogue (cf.
Rom. 13:28; Gal. 5:13-25, 6:2), nor does he deny the importance of discipline
in the Church of God (cf. I Cor. 5 and 6).
Thus the writings of the New Testament enable us to
understand even better the importance of discipline and make us see better how
it is more closely connected with the saving character of the evangelical
message itself.
This being so, it appears sufficiently clear that the Code
is in no way intended as a substitute for faith, grace, charisms, and
especially charity in the life of the Church and of the faithful. On the
contrary, its purpose is rather to create such an order in the ecclesial
society that, while assigning the primacy to love, grace and charisms, it at
the same time renders their organic development easier in the life of both the
ecclesial society and the individual persons who belong to it.
As the Church¹s principal legislative document founded on
the juridicallegislative heritage of revelation and tradition, the Code is to
be regarded as an indispensable instrument to ensure order both in individual
and social life, and also in the Church¹s own activity. Therefore, besides
containing the fundamental elements of the hierarchical and organic structure
of the Church as willed by her divine founder or as based upon apostolic, or in
any case most ancient, tradition, and besides the fundamental principles which
govern the exercise of the threefold of-fice entrusted to the Church itself,
the Code must also lay down certain rules and norms of behavior.
The instrument which the Code is fully corresponds to the
nature of the Church, especially as it is proposed by the teaching of the
Second Vatican Council in general and in a particular way by its
ecclesiological teaching. Indeed, in a certain sense this new Code could be
understood as a great effort to translate this same conciliar doctrine and
ecclesiology into canonical language. If, however, it is impossible to
translate perfectly into canonical language the conciliar image of the Church,
nevertheless the Code must always be referred to this image as the primary
pattern whose outline the Code ought to express insofar as it can by its very
nature.
From this, certain fundamental criteria are derived which
should govern the entire new Code within the limits of its specific matter and
of the language appropriate to that material.
It could indeed be said that from this there is derived that
note of complementarity which the Code presents in relation to the teaching of
the Second Vatican Council, in particular with reference to the two
constitutions, the dogmatic constitution Lumen gentium and the pastoral
constitution Gaudium et spes.
Hence it follows that what constitutes the substantial
newness of the Second Vatican Council, in line with the legislative tradition
of the Church, especially in regard to ecclesiology, constitutes likewise the
newness of the new Code.
Among the elements which characterize the true and genuine
image of the Church we should emphasize especially the following: the doctrine
in which the Church is presented as the people of God (cf. dogmatic
constitution Lumen gentium, chapter 2) and hierarchical authority as service
(cf. ibid., chapter 3); the doctrine in which the Church is seen as a communion
and which therefore determines the relations which are to exist between the
particular churches and the universal Church, and between collegiality and the
primacy; likewise the doctrine according to which all the members of the people
of God, in the way suited to each of them, participate in the threefold
priestly, prophetic and kingly office of Christ, to which doctrine is also
linked that which concerns the duties and rights of the faithful and
particularly of the laity; and finally, the Church¹s commitment to ecumenism.
If, therefore, the Second Vatican Council has drawn both new
and old from the treasury of tradition, and the new consists precisely in the
elements which I have enumerated, then it is clear that the Code should also
reflect the same note of fi-delity in newness and of newness in fidelity, and
conform itself to this in its own subject matter and in its own particular
manner of expression.
The new Code of Canon Law appears at a moment when the
bishops of the whole Church not only are asking for its promulgation, but are
crying out for it insistently and almost with impatience.
As a matter of fact, the Code of Canon Law is extremely
necessary for the Church. Since the Church is organized as a social and visible
structure, it must also have norms: in order that its hierarchical and organic
structure be visible; in order that the exercise of the functions divinely
entrusted to it, especially that of sacred power and of the administration of
the sacraments, may be adequately organized; in order that the mutual relations
of the faithful may be regulated according to justice based upon charity, with
the rights of individuals guaranteed and well-defined; in order, finally, that
common initiatives undertaken to live a Christian life ever more perfectly may
be sustained, strengthened and fostered by canonical norms.
Finally, by their very nature canonical laws are to be
observed. The greatest care has therefore been taken to ensure that in the
lengthy preparation of the Code the wording of the norms should be accurate,
and that they should be based on a solid juridical, canonical and theological
foundation.
After all these considerations it is naturally to be hoped
that the new canonical legislation will prove to be an efficacious means in
order that the Church may progress in conformity with the spirit of the Second
Vatican Council and may every day be ever more suited to carry out its office
of salvation in this world.
With a confident spirit I am pleased to entrust these
considerations of mine to all as I promulgate this fundamental body of
ecclesiastical laws for the Latin Church.
May God grant that joy and peace with justice and obedience
obtain favor for this Code, and that what has been ordered by the head be
observed by the body.
Trusting therefore in the help of divine grace, sustained by
the authority of the blessed apostles Peter and Paul, with certain knowledge,
in response to the wishes of the bishops of the whole world who have
collaborated with me in a collegial spirit, and with the supreme authority with
which I am vested, by means of this Constitution, to be valid forever in the
future, I promulgate the present Code as it has been set in order and revised.
I command that for the future it is to have the force of law for the whole
Latin Church, and I entrust it to the watchful care of all those concerned in
order that it may be observed. So that all may more easily be informed and have
a thorough knowledge of these norms before they have juridical binding force, I
declare and order that they will have the force of law beginning from the first
day of Advent of this year 1983, and this notwithstanding any contrary
ordinances, constitutions, privileges (even worthy of special or individual
mention), or customs.
I therefore exhort all the faithful to observe the proposed
legislation with a sincere spirit and good will in the hope, that there may
flower again in the Church a renewed discipline and that consequently the
salvation of souls may be rendered ever more easy under the protection of the Blessed
Virgin Mary, Mother of the Church.
Given at Rome, January 25, 1983, from the Vatican Palace,
the fifth year of my pontificate.
John Paul II
PREFACE TO THE LATIN EDITION
From the time of the primitive Church it has been customary
to collect the sacred canons into one book to facilitate a knowledge of them as
well as their use and observance especially by sacred ministers, since ³no
priest is permitted to be ignorant of the sacred canons² as Pope Celestine
warned in a letter to the bishops of Apulia and Calabria (July 21, 429: cf.
Jaffe,2 n. 371; Mansi IV, col. 469). His words are echoed by the Fourth Council
of Toledo (633), which prescribed the following after the restoration of
ecclesiastical discipline in the kingdom of the Visigoths once the Church had
been freed from Arianism:
³Priests are to know the sacred scripture and the canons²
because ³ignorance, the mother of all errors, is especially to be avoided by
priests of God² (can. 25: Mansi X, col. 627).
In fact during the first ten centuries nearly everywhere
there flourished countless collections of ecclesiastical laws. These private
collections contained norms issued especially by the councils and the Roman
Pontiffs as well as other norms taken from lesser sources. In the middle of the
twelfth century, this mass of collections and norms, not infrequently
contradicting one another, was put in order again through the private
initiative of the monk Gratian. This concordance of laws and collections, later
called the Decretum Gratiani, constituted the first part of that significant
collection of laws of the Church which, in imitation of the Corpus Iuris
Civilis of the Emperor Justinian, was called the Corpus Iuris Canonici and
contained the laws which had been passed during two centuries by the supreme
authority of the Roman pontiffs with the assistance of experts in canon law
called glossators. Besides the Decree of Gratian, in which the earlier norms
were contained, the Corpus consists of the Liber Extra of Gregory IX, the Liber
Sextus of Boniface VIII, the Clementinae, i.e. the collection of Clement V
promulgated by John XXII, to which are added the Extravagantes of this pope and
the Extravagantes communes, decretals of various Roman pontiffs never gathered
in an authentic collection. The ecclesiastical law which this Corpus embraces
constitutes the classical law of the Catholic Church and is commonly called by
this name.
To this corpus of law of the Latin Church corresponds to
some extent the Syntagma canonum or oriental corpus of canons of the Greek
Church.
Subsequent laws, especially those enacted by the Council of
Trent during the time of the Catholic Reformation and those issued later by
various dicasteries of the Roman Curia, were never digested into one
collection. This was the reason why during the course of time legislation
outside the Corpus Iuris Canonici constituted ³an immense pile of laws piled on
top of other laws.² The lack of a systematic arrangement of the laws and the
lack of legal certainty along with the obsolescence of and lacunae in many laws
led to a situation where church discipline was increasingly imperiled and
jeopardized.
Therefore during the preparatory period prior to the First
Vatican Council, many bishops asked that a new and sole collection laws be
prepared to expedite the pastoral care of the people of God in a more certain
and secure fashion.
Although this task could not be implemented through
conciliar action, the Apostolic See subsequently addressed certain more urgent
disciplinary issues through a new organization of laws. Finally, Pope Pius X,
at the very beginning of his pontificate, undertook this task when he proposed
to collect and reform all ecclesiastical laws and determined that the
enterprise be carried out under the leadership of Cardinal Pietro Gasparri.
The first issue to be resolved in such a significant and
difficult undertaking was the internal and external form of the new collection.
It was decided to forego the method of compilations of laws whereby individual
laws would have been expressed in the extensiveness of the original text;
rather the modern method of codification was chosen. Hence texts containing and
proposing a precept were expressed in a new and briefer form. However, all of
the material was organized in five books which substantially imitated the
system of Roman law institutes on persons, things and actions. The work took
twelve years with the collaboration of experts, consultors and bishops
throughout the Church. The character of the new Code was clearly enuntiated in
the beginning of canon 6: ³The Code generally retains the existing discipline
although it introduces appropriate changes.²
Therefore it was not a case of enacting a new law but rather
a matter of arranging in a new fashion the operative legislation at that time.
After the death of Pius X, this universal, exclusive, and authentic collection
was promulgated on May 27, 1917 by his successor Benedict XV; it took effect on
May 19, 1918.
Everyone hailed the universal law of this Pio-Benedictine
Code, which made a significant contribution to the effective promotion of
pastoral ministry throughout the Church, which in the meantime was experiencing
new growth. Nevertheless, both the external situation of the Church in a world
which had experienced sweeping changes and significant shifts in customs within
a few decades as well as progressive internal factors within the ecclesiastical
community necessarily brought it about that a new reform of canon law was
increasingly more imperative and was requested. The Supreme Pontiff John XXIII
clearly recognized the signs of the times, for when he first announced the
Roman Synod and the Second Vatican Council, he also announced that these events
would be a necessary preparation for undertaking the desired renewal of the
Code.
Shortly after the Ecumenical Council had begun, the
Commission for the Revision of the Code of Canon Law was established on March
28, 1963 with Cardinal Pietro Ciriaci as president and Monsignor Giacomo
Violardo as secretary. However, the cardinal members of the Commission in a
meeting with the president on November 12 of that same year agreed that the
true and proper efforts of the Commission should be deferred and should
commence only at the conclusion of the Council. The reform was to be carried
out according to the decisions and principles to be determined by that same
Council. Meanwhile on April 17, 1964 Paul VI added seventy consultors to the
Commission established by his predecessor John XXIII; he subsequently named
other cardinal members and consultors from all over the world to participate in
the expediting of the project. On February 24, 1965 the Supreme Pontiff named
Rev. Raimondo Bidagor, S.J. the new secretary of the Commission since Monsignor
Violardo had been promoted to the office of secretary of the Congregation for
the Discipline of the Sacraments; on November 17 of the same year the pope
appointed Monsignor fiilliam Onclin as adjunct secretary of the Commission.
After the death of Cardinal Ciriaci, Archbishop Pericle Felici, former general
secretary of Vatican Council II, was named pro-president on February 21, 1967.
On June 26 of that same year he became a member of the Sacred College of
Cardinals and subsequently assumed the office of president of the Commission.
Since Father Bidagor ceased functioning as secretary of the Commission on
November 1, 1973 on the occasion of his eightieth birthday, Most Reverend
Rosalio Castillo Lara, S.D.B., titular bishop of Praecausa and coadjutor bishop
of Trujillo, Venezuela, was named the new secretary of the Commission. On May
17, 1982 he was appointed pro-president of the Commission upon the premature
death of Cardinal Felici.
On November 20, 1965, just before the closing of the Second
Vatican Council, there was a solemn session of the Commission in the presence
of the Supreme Pontiff Paul VI, at which were present the cardinal members of
the Commission, the secretaries, consultors and officials of the Secretariat
appointed in the meantime.
This session publicly inaugurated the work of the Code
Commission. The allocution of the Supreme Pontiff laid the foundations of the
whole enterprise to a certain extent. It was recalled that canon law flows from
the nature of the Church, that it is rooted in the power of jurisdiction
entrusted to the Church by Christ, and that its purpose is to be viewed in
terms of the care of souls in view of external salvation. Furthermore, the
character of church law was illustrated; its necessity was vindicated against
the more common objections; the history of the progress of law and its
collections was alluded to; and especially there was highlighted the urgent
need of a new reform of the law to respond to the ongoing need of appropriately
adapting church discipline to changing circumstances.
The Supreme Pontiff further indicated to the Commission two
elements which should underly the whole revision effort. First of all it was
not simply a matter of a new organization of the laws as had occurred at the
time of the Pio-
Benedictine Code; but rather it was also and especially a
matter of reforming the norms to accommodate them to a new mentality and new
needs even if the old law was to supply the foundation for the work of
revision. Careful attention was to be paid to all the decrees and acts of the
Second Vatican Council since they contain the main lines of legislative renewal
either because norms were issued which directly affected new institutes and
ecclesiastical discipline, or because it was necessary that the doctrinal
riches of the Council, which contributed so much to pastoral life, have their
consequences and necessary impact on canonical legislation.
Repeatedly in allocutions, precepts and decisions during the
following years, the two above mentioned elements were recalled to the minds of
the Commission members by the Supreme Pontiff, who continued to oversee the
whole enterprise from on high and assiduously pursue it.
If the subcommissions or study groups were to carry on their
work in a methodical fashion, it was necessary above all that there be
identified and approved certain principles which would serve as guidelines
during the process of revising the whole Code. The central committee of
consultors prepared the text of a document, which, at the request of the
Supreme Pontiff, was submitted to the examination of a general session of the
synod of bishops in October 1967. The following principles were approved nearly
unanimously.
1. In renewing the law the juridic character of the new Code,
which the social nature of the Church requires, is to be retained. Therefore
the Code is to furnish norms so that the members of the Christian faithful in
living the Christian life may share in the goods offered by the Church to lead
them to eternal salvation. Hence, in view of this end, the Code must define and
protect the rights and obligations of each person towards others and towards
the ecclesiastical society to the extent that these rights and obligations
pertain to divine worship and the salvation of souls.
2. There is to be a coordination between the external forum
and the internal forum, which is proper to the Church and has been operative
for centuries, so as to preclude any conflict between the two.
3. To foster the pastoral care of souls as much as possible,
the new law, besides the virtue of justice, is to take cognizance of charity,
temperance, humaneness and moderation, whereby equity is to be pursued not only
in the application of the laws by pastors of souls but also in the legislation itself.
Hence unduly rigid norms are to be set aside and rather
recourse is to be taken to exhortations and persuasions where there is no need
of a strict observance of the law on account of the public good and general
ecclesiastical discipline.
4. In order that the Supreme Legislator and the bishops may
collaborate in the care of souls and may exercise the pastoral office in a more
positive fashion, those faculties to dispense from general laws which until now
have been extraordinary are to become ordinary with reservations to the supreme
power of the universal Church or other higher authorities only in those areas
which require an exception on account of the common good.
5. Careful attention is to be given to the greater
application of the so-called principle of subsidiarity within the Church. It is
a principle which is rooted in a higher one because the office of bishops with
its attached powers is a reality of divine law. In virtue of this principle one
may defend the appropriateness and even the necessity of providing for the
welfare especially of individual institutes through particular laws and the
recognition of a healthy autonomy for particular executive power while
legislative unity and universal and general law are observed. On the basis of
the same principle, the new Code entrusts either to particular laws or to
executive power whatever is not necessary for the unity of the discipline of
the universal Church so that appropriate provision is made for a healthy
³decentralization² while avoiding the danger of division into or the
establishment of national churches.
6. On account of the fundamental equality of all members of
the Christian faithful and the diversity of offices and functions rooted in the
hierarchical order of the Church, it is expedient that the rights of persons be
appropriately defined and safeguarded. This brings it about that the exercise
of authority appears more clearly as service, that its use is more clearly
reinforced, and that abuses are removed.
7. In order that such objectives may be appropriately
implemented, it is necessary that particular attention be given to the
organization of a procedure which envisions the protection of subjective
rights. Therefore in renewing the law attention should be paid to those
elements which are most especially lacking in this area, i.e. administrative
recourses and the administration of justice.
To achieve this it is necessary that the various functions
of ecclesiastical power be clearly distinguished, i.e. the legislative,
administrative, and judicial functions. What individual functions are to be
exercised by which governmental organs is also to be defined.
8. The principle of territoriality in the exercise of
ecclesiastical government is to be revised somewhat, for contemporary apostolic
factors seem to recommend personal jurisdictional units. Therefore the new Code
is to affirm the following principle: generally speaking the portions of the
people of God to be governed are to be determined territorially; however, if it
is advantageous, other factors can be admitted as criteria for determining a
community of the faithful, at least along with territoriality.
9. As an external, visible and independent society, the
Church cannot renounce penal law. However, penalties are generally to be
ferendae sententiae and are to be inflicted and remitted only in the external
forum. Latae sententiae penalties are to be reduced to a few cases and are to
be inflicted only for the most serious offenses.
10. Finally, as is admitted by all, the new systematic
arrangement of the Code required by the revision process can only be sketched
at the outset but cannot be de-fined and determined precisely. Therefore the
new organization of the Code will have to be pursued only after a sufficient
revision of its individual parts, in fact only after nearly the whole work has
been completed.
From these principles which ought to guide the process of
revising the Code, it is quite clear that there is a need to apply everywhere
the doctrine of the Church expressed by the Second Vatican Council, especially
its determination that attention is to be paid not only to the external social
dimensions of the Mystical Body of Christ but also and especially to its
internal life.
And in point of fact the consultors were guided by these
principles in drafting the new text of the Code.
Meanwhile a January 15, 1966 letter of the cardinal
president of the Commission to the presidents of the conferences of bishops
asked the bishops of the whole Catholic world to express their concerns and
advice regarding the law to be drafted and the best way of structuring
relationships between the conferences of bishops and the Commission so as to
maximize their cooperation for the good of the Church. Furthermore, the bishops
were also asked to send to the Secretariat of the Commission the names of
canonical experts in their respective regions who in the judgment of the
bishops were the most distinguished in terms of canonical expertise; the
special competence of these experts was also to be indicated. The consultors
and their collaborators could be selected and named from these individuals.
Actually, at the very beginning and throughout the working of the Commission,
besides its cardinal members the following collaborated in the drafting of the
new Code of Canon Law: bishops, priests, religious, laity, experts in canon
law, theology, pastoral practice, and civil law from all over the Catholic
world. During the whole revision process 105 cardinals, 77
archbishops and bishops, 73 secular presbyters, 47 religious
presbyters, 3 religious women and 12 lay persons from 5 continents and 31
countries served as members, consultors and other types of collaborators with
the Commission.
Even before the last session of the Second Vatican Council,
the consultors of the Commission were gathered in a private session on May 6,
1965, in which, with the consent of the Holy Father, the Commission president
submitted three fundamental questions for their study. It was asked first
whether one or two codes, i.e. Latin and Oriental, were to be drafted; it was
also asked what methodology was to be followed in the drafting process or how
the Commission and its organs were to proceed; finally, it was asked what would
be an appropriate division of labor among the various subcommissions, which
would be functioning simultaneously. Reports prepared by three groups
established to deal with these questions were forwarded to all the Commission
members.
The cardinal members of the Commission met for the second
time on November 25, 1965 to discuss these same questions and respond to
certain proposals (dubia) formulated concerning them.
A principle regarding the systematic organization of the new
Code to be proposed to the synod of bishops was drawn up from a votum of the
central committee of consultors, which had met on April 3-7, 1967. After the
meeting of the synod, it was deemed appropriate to establish in November, 1967
a special committee of consultors to study the systematic organization of the
Code. At a meeting of this committee at the beginning of April, 1968, all
agreed on not incorporating in the Code properly liturgical laws, norms on
beatification and canonization processes, and norms on the external relations
of the Church. All agreed as well that in the part on the people of God there
would be placed norms on the juridic status of all members of the Christian
faithful and a distinct treatment of the powers and faculties which pertain to
the exercise of the different functions and offices. Finally all agreed that
the structure of the books of the Pio-Benedictine Code could not be maintained
in its integrity.
During the third meeting of the cardinal members of the
Commission on May 28, 1968, they substantially approved a temporary arrangement
according to which the study groups already established were organized in a new
way: ³the systematic organization of the Code,² ³general norms,² ³the sacred
hierarchy,² ³institutes of perfection,² ³laity,² ³physical and moral persons in
general,² ³marriage,² ³sacraments other than marriage,² ³the ecclesiastical
magisterium,² ³the patrimonial law of the Church,² ³processes,² ³penal law.²
The issues dealt with by the study group on ³physical and
juridic persons² (it was subsequently called this) were later incorporated in
the book on ³general norms.² Furthermore it was deemed appropriate to establish
a study group on ³sacred places and times and divine worship.² In view of their
broader competence, the names of some other study groups were changed: the
group on ³the laity² was later called the group on ³the rights and associations
of the faithful and the laity²; the group on ³religious² was later called the
group on ³institutes of perfection² and finally the group on ³institutes of
life consecrated through the profession of the evangelical counsels.²
The principal features of the method followed during the
more than sixteen year revision process are to be briefly recalled. The
consultors of the individual groups fulfilled their significant duties with the
greatest dedication, considering only the good of the Church either in
preparing written observations on the parts of their own schemata, or in
discussing various issues at meetings in Rome at determined times, or in
examining the animadversions, observations and opinions on their schemata which
were forwarded to the Commission. The procedure was as follows. To each of the
consultors, who numbered from eight to fourteen on the individual study groups,
was assigned a certain issue which was to be studied in view of the revision
process, with the present Code as the point of departure.
After an examination of the questions, each consultor was to
transmit a written opinion to the Secretariat of the Commission as well as a
copy to the relator and, if time permitted, to all the members of the study
group. The consultors of the study group met in Rome according to a
predetermined schedule. With the relator leading the discussions, all the
questions and opinions were considered until a text of canons was approved, at
times after a process of voting on individual parts, and drafted in schema
form. During the session the relator was aided by an official who functioned as
an actuary.
The number of meetings for each study group was greater or
lesser depending on the concrete issues, and the work was carried on for years.
Especially during the latter stages of the process, certain
mixed study groups were established so that consultors from different groups
could meet and discuss issues which directly pertained to several groups and
had to be resolved through common counsel.
After the drafting of some schemata was completed by the
study groups, the Supreme Legislator was asked to give some concrete
indications of the subsequent steps to be taken in continuing the work.
According to the norms handed down at the time, those steps were as follows.
The schemata together with an explanatory report were sent
to the Supreme Pontiff, who determined whether they were to be forwarded for consultation
purposes. After this permission was obtained, the printed schemata were
submitted to the examination of the universal episcopate and other consultative
organs (namely, the dicasteries of the Roman Curia, ecclesiastical universities
and faculties, and the Union of Superiors General) in order that they might
express their opinion within a prudently determined time frame‹not less than
six months.
At the same time, the schemata were also forwarded to the
cardinal members of the Commission so as to enable them to make their general
or particular observations at this stage of the process.
The order in which the schemata were sent is as follows:
1972‹the schema on administrative procedure;
1973‹the schema on sanctions in the Church;
1975‹the schema on the sacraments;
1976‹the schema on the procedure for the protection of
rights or processes;
1977‹the schema on institutes of life consecrated by the
profession of the evangelical counsels, the schema on general norms, the schema
on the people of God, the schema on the Church¹s teaching office, the schema on
sacred times and places and divine worship, and the schema on the patrimonial
law of the Church.
Undoubtedly the revised Code could not have been
appropriately prepared without the inestimable and continuous cooperation
afforded the Commission by numerous very valid animadversions especially of a
pastoral character offered by bishops and conferences of bishops. The bishops
submitted very many written animadversions, either general ones on the schemata
considered as a whole or particular ones on individual canons.
Of great benefit also were those general and particular
animadversions submitted by the sacred congregations, tribunals and other
institutes of the Roman Curia, based on their experience in the central
government of the Church. This was also true for the scientific and technical
proposals and suggestions offered by ecclesiastical universities and faculties
reflecting different schools and ways of thinking.
The study, examination and collegial discussion of all the
animadversions, general and particular, which were forwarded to the Commission
constituted a weighty and veritably immense burden which lasted seven years.
The Secretariat of the Commission took pains carefully to organize and
synthesize all the animadversions, proposals and suggestions which, after they
had been forwarded to the consultors and carefully examined by them, were
subsequently collegially discussed in working sessions conducted by the ten
study groups.
Every animadversion was considered with the utmost care and
diligence. This was true even in the case of animadversions contradicting one
another (which frequently happened). Due consideration was given not only to
their sociological importance (namely, the number of consultative organs and
persons who proposed them), but especially to their doctrinal and pastoral
value, their coherence with the doctrine and implementing norms of the Second
Vatican Council, the pontifical magisterium, and their necessary coherence with
the juridic canonical system when examined from a specifically technical and
scientific standpoint. In fact, as often as it was a case of a doubtful matter
or when questions of special importance were debated, the opinion of the
cardinal members of the Commission was sought during one of their plenary
sessions. In other cases in view of the specific matter under discussion, the
Congregation for the Doctrine of the Faith and other dicasteries of the Roman
Curia were consulted. Finally, many corrections and changes were incorporated
in the canons of the early schemata at the request or suggestion of the bishops
and other consultative organs, so that some schemata were entirely renewed or
changed.
After all the schemata had been reworked, the Secretariat of
the Commission and the consultors undertook a further weighty task. It was a
matter of seeing to an internal coordination of all the schemata, of ensuring a
uniform terminology throughout especially from a technical-juridic standpoint,
of drafting canons in brief and elegant formulations, and finally of
definitively determining a systematic organization so that all of the schemata,
prepared by distinct study groups, could be integrated into one completely
harmonious Code.
The new systematic organization which, as it were,
spontaneously emerged slowly during the revision process, is based on two
principles, one of which is fidelity to the more general principles already
determined by the central committee, the other of which is its practical
usefulness so that the new Code can be easily understood and used not only by
experts but also by pastors and indeed by all members of the Christian
faithful.
The new Code therefore consists of seven books which are
entitled: General Norms, The People of God, The Teaching Function of the
Church, The Sanctifying Function of the Church, The Temporal Goods of the
Church, Sanctions in the Church, and Processes. Even if the different rubrics
which precede the individual books of the old and new Code appear to indicate
sufficiently the differences between the two systems, nonetheless the
systematic innovations of the new Code are much more evident in light of its
parts, sections, titles and rubrics. But it is certain that the new
organization not only corresponds better to the proper matter and character of
canon law than the old organization, but also, and what is of greater
importance, the new is more in keeping with the ecclesiology of the Second
Vatican Council and those principles flowing from it which were proposed at the
very outset of the revision process.
On June 29, 1980, the solemnity of the blessed Apostles
Peter and Paul, the printed schema of the whole Code was presented to the
Supreme Pontiff, who decided it was to be forwarded to the cardinal members of
the Commission for their de-
finitive examination and judgment. In order to highlight
even more the participation of the whole Church in the last phase of the
revision process, the Supreme Pontiff determined that other members be added to
the Commission, cardinals and even bishops selected from the whole Church,
conferences of bishops or councils or groups of conferences of bishops
proposing candidates. Thus the expanded Commission numbered seventy-four
members. At the beginning of 1981 they forwarded many animadversions which
subsequently were subjected to a careful examination, diligent study and
collegial discussion by the Secretariat of the Commission, with the help of
consultors endowed with special expertise in the individual issues being
discussed. A synthesis of all the animadversions together with the responses
given by the Secretariat and the consultors was forwarded to the members of the
Commission in August, 1981.
A plenary session was convoked by order of the Supreme
Pontiff to deliberate on the entire text of the new Code and to cast a
definitive vote on it. The session took place October 20-28, 1981 in the aula of
the synod of bishops. There was a discussion of six questions of particular
weight and importance as well as of other questions proposed at the request of
at least ten Fathers. At the end of the plenary session, the Fathers
unanimously responded placet (affirmatively) to the following question: whether
it pleased the Fathers that, after the examination during the plenary session
of the schema of the Code and the emendations already introduced, the same
schema along with the changes which had received a majority vote during the
plenary session was worthy of being presented as soon as possible to the
Supreme Pontiff, who would issue the Code at a time and in a way which seemed
best. Consideration was also to be given to other animadversions which had been
presented as well as to a certain polishing of the text regarding its style and
Latinity (which tasks were entrusted to the president and the Secretariat).
The entire text of the Code thereby reworked and approved
was enlarged by the addition of canons from the schema on the Fundamental Law
of the Church which had to be inserted in the Code in light of the material
with which they dealt. After the Latin style of the text was further polished,
it was printed and given to the Supreme Pontiff on April 22, 1982 with a view
toward promulgation.
The Supreme Pontiff, however, personally reviewed this
latest schema with the help of certain experts and in consultation with the
pro-president of the Pontifical Commission for the Revision of the Code of
Canon Law. After mature consideration the Supreme Pontiff decreed that the new
Code was to be promulgated on January 25, 1983, i.e., the anniversary of the
first announcement by Pope John XXIII of the undertaking of the Code¹s
revision.
Since after nearly twenty years the pontifical commission
established for this purpose has felicitously completed the difficult task
entrusted to it, there is now available to pastors and other members of the
Christian faithful the most recent law of the Church, which is characterized by
simplicity, precision, elegance and true legal science. Furthermore, since it
is fully pervaded by charity, equity, humanity and a true Christian spirit, it
attempts to correspond to the divinely given external and internal
characteristics of the Church. It also seeks to take cognizance of the
conditions and needs of the contemporary world. But if on account of the
excessively swift changes in contemporary human society certain elements of the
new law become less perfect and require a new review, the Church is endowed
with such a wealth of resources that, not unlike prior centuries, it will be
able to undertake the task of renewing the laws of its life.
Now, however, the law can no longer be unknown. Pastors have
at their disposal secure norms by which they may correctly direct the exercise
of the sacred ministry. To each person is given a source of knowing his or her
own proper rights and duties. Arbitrariness in acting can be precluded. Abuses
which perhaps have crept into ecclesiastical discipline because of a lack of
legislation can be more easily rooted out and prevented. Finally, all the
works, institutes and initiatives of the apostolate may progress expeditiously
and may be promoted since a healthy juridic organization is quite necessary for
the ecclesiastical community to live, grow and flourish. May our most gracious
God grant this through the intercession of the Blessed Virgin Mary, the Mother
of the Church, her spouse St. Joseph, Patron of the Church, and Saints Peter
and Paul.
F O R E W O
R D T O T H E T R A N S L A T I O N