Canon Law Test # 3 Deacon Bill Donovan
TRUE or FALSE (30 points)
1- ___ the patron saint of canon layers is a 13th century canonist named St. Raymond of Penãfort.
2- ___ As understood in Catholic social thought, “subsidiary” implies that decision should be taken on the lowest level possible, with higher authority intervening only when absolutely necessary.
3- ___ As the term is used in Book V, “temporal goods” are understood to be “all those non-spiritual things that have an economic value. They may include real [property as well as intangible rights and assets”.
4- ___ For purposed of Canon Law, “the Catholic Church and the Apostolic See have the character of a moral person by divine ordinance itself.”
5- ____ The Catholic Church has no innate right to acquire, retain, administer, or alienate temporal goods independently from civil power.
6- ____ According to the Code of Canon Law, any person has the inherent right to beg for alms for any pious or ecclesiastical institute or purpose and does not need anyone’s permission to do so. (1265)
7- ____ If a censure prohibits the celebration of sacraments or sacramental’s or the placing of an act of governance, the prohibition can never be suspended – not even to care for the faithful in danger of death.
8- ____ Expiatory penalties can affect an offender either perpetually, for a prescribed time, or for an indeterminate time.
9- ____ A person who procures a completed abortion incurs a latae sententiae excommunication.
10-___ Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation...
Fill in the Blank (30 points)
According to the Code of Canon Law:
1- In the Church, besides physical person, there are also ¬¬¬¬¬¬¬¬¬¬¬______________ persons that are
“subjects in canon law of obligations and right which correspond to their nature.”
2- After the diocesan bishop has heard _____________________ he has the right to impose a moderate tax for the needs of the diocese upon public juridic persons subject to his governance; this tax is to be proportionate to their income.
3- ___________ is judged by no one.
4- An annulment is granted only after [1].[2],[3] courts have given a positive response ton the petition.
5- According to the Conon Law “the salvation of souls” must always be “ ____________ law in the Church” which is always “ to be kept before one’s eyes”.
Short Answer (40 points)
1- According to the Code of Canon Law. The three “proper Purpose” for which the catholic Church acquires, retains, administers, and alienates temporal goods area: The proper purposes are Principally
1____________________________________________________________________________
____________________________________________________________________________
2___________________________________________________________________________
_____________________________________________________________________________
3____________________________________________________________________________
____________________________________________________________________________
2- Provide four examples of people who are not subject to a penalty when they have violate a law or precept:
1____________________________________________________________________________
____________________________________________________________________________
2___________________________________________________________________________
_____________________________________________________________________________
3____________________________________________________________________________
____________________________________________________________________________
4-___________________________________________________________________________
_____________________________________________________________________________
3- It is solely the right of the Roman Pontiff himself to judge in the cases mentioned in CC. 1401
1____________________________________________________________________________
____________________________________________________________________________
2___________________________________________________________________________
_____________________________________________________________________________
3____________________________________________________________________________
____________________________________________________________________________
4- What are three possible grounds for declaring a marriage null?
1____________________________________________________________________________
____________________________________________________________________________
2___________________________________________________________________________
_____________________________________________________________________________
3____________________________________________________________________________
____________________________________________________________________________
4-___________________________________________________________________________
_____________________________________________________________________________
Please Mail or e-mail by April 1 to:
Deacon Bill Donovan wjdonovan@venable.com
St. Ann Church or - If e-mailing, please put in message line:
5300 10th Street North Canon Law: Test on Book III
Arlington VA 22205
Thursday, 30 July 2009
Canon Law TEST # 2
TEST # 2
Name _______________________________
TRUE or FALSE (“T” or “F”) (30 points):
_____ The foundation for the teaching authority of the Church is found in Sacred Scripture.
_____ Of the four evangelists, only Matthew and Luke make direct reference to Jesus teaching in the synagogue or temple area.
_____ The 1917 Code placed much greater emphasis on the teaching office of the Church than does the current Code.
_____ Most of what is found in Title III of the current Code is merely a repetition of what was already contained in the 1917.
_____ Much of Title III is derived from the documents of the Second Vatican Council.
_____ Many of the canons in Title III are exhortatory or declaratory, rather than regulatory or prohibitory.
_____ Pastors of souls are to make provision that the message of the gospel reaches non-believers living in their territory since the care of souls must also extend to them no less than to the faithful.
_____ The current Code explicitly encourages ecumenism; the1917 Code was anti-ecumenical and prohibited discussions with non-Catholics about matters of faith.
_____ Every bishop has the right to preach the Word of God everywhere, and no one except the Pope can curtail that right.
_____ Under no circumstances may a lay man or woman be allowed to preach.
Fill in the Blanks (30 points):
According to the Code of Canon Law:
The Church has the right and the obligation to preach the Gospel to ______________________.
Only a __________________ or __________________ may deliver the homily at Mass.
By virtue of his office ________________________ possesses infallibility in teaching when he proclaims by definitive act that a doctrine of faith or morals is to be held.
No doctrine is understood to be defined infallibly unless this is___________________________
________________________________.
According to the Code of Canon Law ________________________________ is “the supreme law in the Church,” which is always “to be kept before one’s eyes”.
Continued on page 2 …
Short Answer (40 points):
Define . . . Heresy:_______________________________________________________________________ _____________________________________________________________________________
Apostasy:___________________________________________________________________________________________________________________________________________________
Schism:_____________________________________________________________________________________________________________________________________________________
While presbyters and deacons possess the faculty to preach everywhere, the Code makes explicit reference to four ways in which the exercise of this faculty may be limited. They are:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________
Under what conditions does the college of bishops teach with infallibility?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
May lay men or women be allowed to preach in churches or oratories? If so, under what circumstances; if not, why not?
______________________________________________________________________________
______________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
Please Mail or e-mail by April 1 to:
Deacon Bill Donovan wjdonovan@venable.com
St. Ann Church or - If e-mailing, please put in message line:
5300 10th Street North Canon Law: Test on Book III
Arlington VA 22205
TEST # 3
TRUE or FALSE (30 points)
1- ___ the patron saint of canon layers is a 13th century canonist named St. Raymond of Penãfort.
2- ___ As understood in Catholic social thought, “subsidiary” implies that decision should be taken on the lowest level possible, with higher authority intervening only when absolutely necessary.
3- ___ As the term is used in Book V, “temporal goods” are understood to be “all those non-spiritual things that have an economic value. They may include real [property as well as intangible rights and assets”.
4- ___ For purposed of Canon Law, “the Catholic Church and the Apostolic See have the character of a moral person by divine ordinance itself.”
5- ____ The Catholic Church has no innate right to acquire, retain, administer, or alienate temporal goods independently from civil power.
6- ____ According to the Code of Canon Law, any person has the inherent right to beg for alms for any pious or ecclesiastical institute or purpose and does not need anyone’s permission to do so. (1265)
7- ____ If a censure prohibits the celebration of sacraments or sacramental’s or the placing of an act of governance, the prohibition can never be suspended – not even to care for the faithful in danger of death.
8- ____ Expiatory penalties can affect an offender either perpetually, for a prescribed time, or for an indeterminate time.
9- ____ A person who procures a completed abortion incurs a latae sententiae excommunication.
10-___ Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation...
Fill in the Blank (30 points)
According to the Code of Canon Law:
1- In the Church, besides physical person, there are also ¬¬¬¬¬¬¬¬¬¬¬______________ persons that are
“subjects in canon law of obligations and right which correspond to their nature.”
2- After the diocesan bishop has heard _____________________ he has the right to impose a moderate tax for the needs of the diocese upon public juridic persons subject to his governance; this tax is to be proportionate to their income.
3- ___________ is judged by no one.
4- An annulment is granted only after [1].[2],[3] courts have given a positive response ton the petition.
5- According to the Conon Law “the salvation of souls” must always be “ ____________ law in the Church” which is always “ to be kept before one’s eyes”.
Short Answer (40 points)
1- According to the Code of Canon Law. The three “proper Purpose” for which the catholic Church acquires, retains, administers, and alienates temporal goods area: The proper purposes are Principally
1____________________________________________________________________________
____________________________________________________________________________
2___________________________________________________________________________
_____________________________________________________________________________
3____________________________________________________________________________
____________________________________________________________________________
2- Provide four examples of people who are not subject to a penalty when they have violate a law or precept:
1____________________________________________________________________________
____________________________________________________________________________
2___________________________________________________________________________
_____________________________________________________________________________
3____________________________________________________________________________
____________________________________________________________________________
4-___________________________________________________________________________
_____________________________________________________________________________
3- It is solely the right of the Roman Pontiff himself to judge in the cases mentioned in CC. 1401
1____________________________________________________________________________
____________________________________________________________________________
2___________________________________________________________________________
_____________________________________________________________________________
3____________________________________________________________________________
____________________________________________________________________________
4- What are three possible grounds for declaring a marriage null?
1____________________________________________________________________________
____________________________________________________________________________
2___________________________________________________________________________
_____________________________________________________________________________
3____________________________________________________________________________
____________________________________________________________________________
4-___________________________________________________________________________
_____________________________________________________________________________
Please Mail or e-mail by April 1 to:
Deacon Bill Donovan wjdonovan@venable.com
St. Ann Church or - If e-mailing, please put in message line:
5300 10th Street North Canon Law: Test on Book III
Arlington VA 22205
Name _______________________________
TRUE or FALSE (“T” or “F”) (30 points):
_____ The foundation for the teaching authority of the Church is found in Sacred Scripture.
_____ Of the four evangelists, only Matthew and Luke make direct reference to Jesus teaching in the synagogue or temple area.
_____ The 1917 Code placed much greater emphasis on the teaching office of the Church than does the current Code.
_____ Most of what is found in Title III of the current Code is merely a repetition of what was already contained in the 1917.
_____ Much of Title III is derived from the documents of the Second Vatican Council.
_____ Many of the canons in Title III are exhortatory or declaratory, rather than regulatory or prohibitory.
_____ Pastors of souls are to make provision that the message of the gospel reaches non-believers living in their territory since the care of souls must also extend to them no less than to the faithful.
_____ The current Code explicitly encourages ecumenism; the1917 Code was anti-ecumenical and prohibited discussions with non-Catholics about matters of faith.
_____ Every bishop has the right to preach the Word of God everywhere, and no one except the Pope can curtail that right.
_____ Under no circumstances may a lay man or woman be allowed to preach.
Fill in the Blanks (30 points):
According to the Code of Canon Law:
The Church has the right and the obligation to preach the Gospel to ______________________.
Only a __________________ or __________________ may deliver the homily at Mass.
By virtue of his office ________________________ possesses infallibility in teaching when he proclaims by definitive act that a doctrine of faith or morals is to be held.
No doctrine is understood to be defined infallibly unless this is___________________________
________________________________.
According to the Code of Canon Law ________________________________ is “the supreme law in the Church,” which is always “to be kept before one’s eyes”.
Continued on page 2 …
Short Answer (40 points):
Define . . . Heresy:_______________________________________________________________________ _____________________________________________________________________________
Apostasy:___________________________________________________________________________________________________________________________________________________
Schism:_____________________________________________________________________________________________________________________________________________________
While presbyters and deacons possess the faculty to preach everywhere, the Code makes explicit reference to four ways in which the exercise of this faculty may be limited. They are:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________
Under what conditions does the college of bishops teach with infallibility?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
May lay men or women be allowed to preach in churches or oratories? If so, under what circumstances; if not, why not?
______________________________________________________________________________
______________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
Please Mail or e-mail by April 1 to:
Deacon Bill Donovan wjdonovan@venable.com
St. Ann Church or - If e-mailing, please put in message line:
5300 10th Street North Canon Law: Test on Book III
Arlington VA 22205
TEST # 3
TRUE or FALSE (30 points)
1- ___ the patron saint of canon layers is a 13th century canonist named St. Raymond of Penãfort.
2- ___ As understood in Catholic social thought, “subsidiary” implies that decision should be taken on the lowest level possible, with higher authority intervening only when absolutely necessary.
3- ___ As the term is used in Book V, “temporal goods” are understood to be “all those non-spiritual things that have an economic value. They may include real [property as well as intangible rights and assets”.
4- ___ For purposed of Canon Law, “the Catholic Church and the Apostolic See have the character of a moral person by divine ordinance itself.”
5- ____ The Catholic Church has no innate right to acquire, retain, administer, or alienate temporal goods independently from civil power.
6- ____ According to the Code of Canon Law, any person has the inherent right to beg for alms for any pious or ecclesiastical institute or purpose and does not need anyone’s permission to do so. (1265)
7- ____ If a censure prohibits the celebration of sacraments or sacramental’s or the placing of an act of governance, the prohibition can never be suspended – not even to care for the faithful in danger of death.
8- ____ Expiatory penalties can affect an offender either perpetually, for a prescribed time, or for an indeterminate time.
9- ____ A person who procures a completed abortion incurs a latae sententiae excommunication.
10-___ Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation...
Fill in the Blank (30 points)
According to the Code of Canon Law:
1- In the Church, besides physical person, there are also ¬¬¬¬¬¬¬¬¬¬¬______________ persons that are
“subjects in canon law of obligations and right which correspond to their nature.”
2- After the diocesan bishop has heard _____________________ he has the right to impose a moderate tax for the needs of the diocese upon public juridic persons subject to his governance; this tax is to be proportionate to their income.
3- ___________ is judged by no one.
4- An annulment is granted only after [1].[2],[3] courts have given a positive response ton the petition.
5- According to the Conon Law “the salvation of souls” must always be “ ____________ law in the Church” which is always “ to be kept before one’s eyes”.
Short Answer (40 points)
1- According to the Code of Canon Law. The three “proper Purpose” for which the catholic Church acquires, retains, administers, and alienates temporal goods area: The proper purposes are Principally
1____________________________________________________________________________
____________________________________________________________________________
2___________________________________________________________________________
_____________________________________________________________________________
3____________________________________________________________________________
____________________________________________________________________________
2- Provide four examples of people who are not subject to a penalty when they have violate a law or precept:
1____________________________________________________________________________
____________________________________________________________________________
2___________________________________________________________________________
_____________________________________________________________________________
3____________________________________________________________________________
____________________________________________________________________________
4-___________________________________________________________________________
_____________________________________________________________________________
3- It is solely the right of the Roman Pontiff himself to judge in the cases mentioned in CC. 1401
1____________________________________________________________________________
____________________________________________________________________________
2___________________________________________________________________________
_____________________________________________________________________________
3____________________________________________________________________________
____________________________________________________________________________
4- What are three possible grounds for declaring a marriage null?
1____________________________________________________________________________
____________________________________________________________________________
2___________________________________________________________________________
_____________________________________________________________________________
3____________________________________________________________________________
____________________________________________________________________________
4-___________________________________________________________________________
_____________________________________________________________________________
Please Mail or e-mail by April 1 to:
Deacon Bill Donovan wjdonovan@venable.com
St. Ann Church or - If e-mailing, please put in message line:
5300 10th Street North Canon Law: Test on Book III
Arlington VA 22205
Canon Law test 1
TEST 1#
Name
TRUE or FALSE ("7" or "F") (30 points)
¬¬______Through the reception of the diaconate, a person becomes a cleric and is' incardinated in
the particular church or personal prelature for whose service he has been advanced.
______By virtue of ordination a permanent deacon has the right (but not the obligation) to wear
the Roman collar at his discretion.
______Deacons are bound by a special obligation to show reverence and obedience to the.. Supreme Pontiff and their own ordinary.
______At the discretion of the d iocesan bishop, permanent deacons may be assigned to offices
entailing the full care of souls.
______I n order to nourish their spiritual lives deacons are earnestly invited to participate in the
offering of the Eucharistic sacrifice daily.
______A permanent deacon is free to move from his diocese of incardination to another diocese
only with his bishop's permission.
______Deacons are forbidden by the Code of Canon Law from assuming public offices which
entail a participation in the exercise of civil power.
______Since military service is hardly in keeping with the clerical state, deacons and candidates
for the diaconate are not to volunteer for military service except with the permission of their ordinary.
______Every cleric must be incardinated either in a particular church or personal prelature, or in
an institute of consecrated life or society endowed with this faculty, in such a way that unattached or transient clerics are not allowed at all.
______A catechumen is someone who has been baptized in a Christian tradition other than the
Roman Catholic Church but is preparing for reception into the Catholic Church.
Fill in the Blanks (30 points)
According to the Code of Canon Law:
I . The canons of this Code regard ("bind") only the______________________ Church.
2. ________________________is the best interpreter of laws.
3. By ___________________________ one is incorporated into the Church of Christ and is
constituted a person in it with the duties and rights which are proper to Christians
4.A person who has completed the ______-year of age has reached majority; below this
age, a person is a minor.
5. A minor before the completion of the year ________ is called an infant and is considered
not responsible for one self (non sui compos).
6. _____________________________________________________________________is "the supreme
law in the Church," which is always "to be kept before one's eyes."
Short Answer (40 points)
(1) In leading their lives, clerics are bound in a special way to pursue holiness. Name three
obligations that the Code specifically imposes on deacons to assist them in pursuing holiness.
1.¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬-¬¬¬¬¬¬____________________________________________________________________
2.¬¬¬¬¬¬______________________________________________________________
3 .¬¬¬¬¬¬______________________________________________________________
(2) In enumerating the obligations and rights of clerics, the Code specifically states that the
prescripts of certain canons "do not bind perrnanent deacons unless particular law establishes
otherwise." Please provide four examples of such exceptions.
l .¬¬¬¬¬¬______________________________________________________________
2.¬¬¬¬¬¬______________________________________________________________
3. ¬¬¬¬¬¬______________________________________________________________
4.¬¬¬¬¬¬______________________________________________________________
(3) Discuss whether or not the Code permits married deacons to receive remuneration for their
services.
¬¬¬¬¬¬¬¬¬¬¬¬
¬¬¬¬¬¬
¬¬¬¬¬¬
(4) What steps should a deacon take if he is incardinated in diocese "X" but wishes to move and
exercise diaconal ministry in diocese"Y"?
¬¬¬¬¬¬¬¬¬¬¬¬
¬¬¬¬¬¬
¬¬¬¬¬¬
¬¬¬¬¬¬
Mail by March I't to:
Deacon Bill Donovan
St. Ann Church
S3oo toth Street North
Name
TRUE or FALSE ("7" or "F") (30 points)
¬¬______Through the reception of the diaconate, a person becomes a cleric and is' incardinated in
the particular church or personal prelature for whose service he has been advanced.
______By virtue of ordination a permanent deacon has the right (but not the obligation) to wear
the Roman collar at his discretion.
______Deacons are bound by a special obligation to show reverence and obedience to the.. Supreme Pontiff and their own ordinary.
______At the discretion of the d iocesan bishop, permanent deacons may be assigned to offices
entailing the full care of souls.
______I n order to nourish their spiritual lives deacons are earnestly invited to participate in the
offering of the Eucharistic sacrifice daily.
______A permanent deacon is free to move from his diocese of incardination to another diocese
only with his bishop's permission.
______Deacons are forbidden by the Code of Canon Law from assuming public offices which
entail a participation in the exercise of civil power.
______Since military service is hardly in keeping with the clerical state, deacons and candidates
for the diaconate are not to volunteer for military service except with the permission of their ordinary.
______Every cleric must be incardinated either in a particular church or personal prelature, or in
an institute of consecrated life or society endowed with this faculty, in such a way that unattached or transient clerics are not allowed at all.
______A catechumen is someone who has been baptized in a Christian tradition other than the
Roman Catholic Church but is preparing for reception into the Catholic Church.
Fill in the Blanks (30 points)
According to the Code of Canon Law:
I . The canons of this Code regard ("bind") only the______________________ Church.
2. ________________________is the best interpreter of laws.
3. By ___________________________ one is incorporated into the Church of Christ and is
constituted a person in it with the duties and rights which are proper to Christians
4.A person who has completed the ______-year of age has reached majority; below this
age, a person is a minor.
5. A minor before the completion of the year ________ is called an infant and is considered
not responsible for one self (non sui compos).
6. _____________________________________________________________________is "the supreme
law in the Church," which is always "to be kept before one's eyes."
Short Answer (40 points)
(1) In leading their lives, clerics are bound in a special way to pursue holiness. Name three
obligations that the Code specifically imposes on deacons to assist them in pursuing holiness.
1.¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬-¬¬¬¬¬¬____________________________________________________________________
2.¬¬¬¬¬¬______________________________________________________________
3 .¬¬¬¬¬¬______________________________________________________________
(2) In enumerating the obligations and rights of clerics, the Code specifically states that the
prescripts of certain canons "do not bind perrnanent deacons unless particular law establishes
otherwise." Please provide four examples of such exceptions.
l .¬¬¬¬¬¬______________________________________________________________
2.¬¬¬¬¬¬______________________________________________________________
3. ¬¬¬¬¬¬______________________________________________________________
4.¬¬¬¬¬¬______________________________________________________________
(3) Discuss whether or not the Code permits married deacons to receive remuneration for their
services.
¬¬¬¬¬¬¬¬¬¬¬¬
¬¬¬¬¬¬
¬¬¬¬¬¬
(4) What steps should a deacon take if he is incardinated in diocese "X" but wishes to move and
exercise diaconal ministry in diocese"Y"?
¬¬¬¬¬¬¬¬¬¬¬¬
¬¬¬¬¬¬
¬¬¬¬¬¬
¬¬¬¬¬¬
Mail by March I't to:
Deacon Bill Donovan
St. Ann Church
S3oo toth Street North
Canon Law Notes—Saturday, May 17, 2008
Canon Law Notes—Saturday, May 17, 2008
[Summer program: Next meeting: June 21 @ St. Leo’s. AM is RCIA; PM is the last session of Canon Law.
June 7: Ordination of Transitional deacons at the Cathedral (we are invited)
June 14: Ordination of priests at the Cathedral (we are welcome)
In July: Only one meeting: the 3rd Saturday of July. (1st Saturday is July 4 weekend!)
In August: 1st and 3rd Saturdays.
Possibility of field assignments to different apostolates, e.g. sick/hospital/nursing homes; marriage prep; CCD classes; prison ministry, etc.
Sacraments and sacramentals.
Course notes:
Father Rippy on matrimony—A union of a baptized man and woman who freely enter into a union with each other under Christ.
Impediments: There are 12 of them. Know them for the take-home test. Age/impotency/prior marriage, etc. (See notes from Fr. Rippy’s first session.)
With a dispensation, you can marry your wife’s sister.
Public propriety: Invalid due to long living together or public concubinage.
Today:
Consent makes the marriage
A defect in the consent invalidates the marriage
• Canon 1095: Deals with people who are incapable of contracting a marriage.
Substantial defects in the consent can render a marriage invalid. An act of the will—what we intend is important.
Consent is an act of the will, therefore all defects of consent can invalidate the marriage.
• Canon 1095 lists those who cannot contract a marriage. Psychology and psychiatry have been of aid to tribunals.):
1. Those who lack sufficient use of reason. The church only requires the absolute minimal use of reason. Someone who is severely retarded cannot contract marriage.
2. Defect of discretion in judgment concerning material rights and duties. There are 3 obligations of marriage according to St. Augustine: (a) Fidelity; (b) Permanency, and (c) Unity of life and love, including especially an openness to children.
Obligations must be (1) understood and (2) are entered into freely and willingly. Understanding (obligation (1)) means the details of being married for this particular reason at this particular time. The will must be able to order the decision into execution.
• Canon 1096: Must know marriage is permanent and for the procreation of children.
• Canon 1097: §1 An error concerning the person being married invalidates the marriage. (If you somehow marry the wrong person (e.g. an identical twin), the marriage is invalid.
§2: If you “marry for money” and the money isn’t there, that does not invalidate the marriage.
• Canon 1098: Fraud or imposed error can invalidate the marriage.
• Canon 1101: Simulation of consent, i.e. consent but are not open to the procreation of children. Merely going through the motions to win the assent of the intended spouse. Financial information must be discussed prior to a marriage. (Pre-nuptial agreements regarding finances can rarely be used to invalidate a marriage.)
• Canon 1102: § 1: A marriage subject to a condition about the future cannot be contracted validly.
§§ 2 and 3 deal with past or present conditions.
• Canon 1103: Force or grave fear renders a wedding invalid.
--“Shotgun weddings” are rare
--“Arranged marriages,” which exist in some cultures, are more likely to be encountered, but do not automatically invalidate a marriage.
--The threats must be external.
• Canon 1104: To contract a valid marriage, you must be present in person or in proxy. Assent must be in words or, in the case of those unable to speak, by equivalent signs, e.g. signing for the deaf.
(Use of a proxy in a marriage is rarely done.)
Canon 1106: Marriage can be contracted by use of an interpreter.
SECOND HOUR
Chapter V: Forms of Marriage
A baptized Catholic who marries; marriage must be:
1) Witnessed by a bishop/priest/deacon, who is
2) Properly delegated to perform the marriage.
3) Two witnesses must be present, and
4) The marriage must occur in a sacred place.
If someone is Catholic, they are always bound to the canonical form of marriage.
The Canonical forms are the 4 items noted above:
1) Witnessed by a bishop/priest/deacon (explanation obvious)
2) Properly delegated, meaning given proper faculties to perform the marriage by their bishop. These faculties are granted for life. (Even laicized priests and deacons have this faculty, they just cannot use it.). (The Church has established these laws to protect the faithful.)
Clergy who desire to perform a wedding outside their own diocese, even a bishop, need delegation to perform that wedding from the resident bishop of the diocese in which the wedding will occur. At least one must be a Latin rite Catholic getting married.
3) Two witnesses: Must be above the age of reason, 7 years old. Generally, the best man and maid of honor, but not required. Witnesses can be 2 men or 2 women, but there must be 2 in number. They do not have to be Catholic.
4) In a sacred place: There are ex captions. In the case of a marriage between a Catholic and a Jew, Buddhist, Moslem, etc., who would be affronted by entering a Catholic Church, a dispensation can be granted by the bishop to get married in a neutral place, e.g. a hotel room.
Civilly, for Virginia, an ordained minister must be licensed to perform marriages. The District of Columbia also requires a license, but Maryland does not. Licenses are issued by your county clerk. Be certain to memorize the date of your license to perform marriages, since you will be required to enter that on every Va. marriage certificate you sign as the officiating minister.
Domicile/quasi-domicile must be established for the person marrying. Military stationed in Virginia can be married here because they have “quasi-domicile” even though they are not Virginia residents officially.
[Father sped quickly past Canons 1109 through 1111].
• Canon 1112: Lay persons can assist at a marriage where there are insufficient priests/deacons.
• Canon 1113: “Free status” of a party to marry must be proven. Must ask “Have you ever been married before?” by anyone—a priest, minister, Justice of the Peace, civil official, etc.
Affidavits of “free status” are required in the Arlington Diocese.
“Prior bond” is an impediment to marriage.
• Canon 1115: Marriages may be celebrated in a parish where one of the parties has a domicile/quasi-domicile or month-long residence.
• Canon 1116: Extraordinary canonical form, e.g. a dieing person can get married in a hospital room.
• Canon 1117: Any baptized Catholic being married must observe the proper form of marriage.
• Canon 1118: Place where marriage can be celebrated.
• There is no dispensation from canonical form for 2 Catholics getting married.
• Shrines are not considered a parish church for the sake of determining where a marriage may occur. (Some shrines are also parish churches, however, and marriages may occur there.) (Virtually no weddings occur in the National Shrine of the Immaculate Conception for this reason.)
• Canon 1119: Liturgical form of marriage. You cannot have a marriage within a Mass between a Catholic and a non-baptized person.
The couple cannot write their own vows. You must follow the forms. Only 2 sets of vows appear in the Book of Marriages, and those being wed must pick one of these.
• Canon 1121: Marriages must be recorded. Deacons may record marriages, but don’t anger the Church secretary who may have been recording those marriages for decades.
THIRD HOUR
Chapter VI: Mixed Marriage—A marriage between a Catholic and a baptized non-Catholic
• Canon 1124: Mixed marriages are prohibited without permission from the competent authority, i.e. the bishop or the Vicar General.
• Canon 1125: Conditions for granting permission for a mixed marriage.
• Be particularly careful when an Eastern Rite Catholic is involved. (For purposes of this discussion about marriages, Eastern Orthodox are considered non-Catholics. Eastern Rite Catholics are Catholics who worship using forms of the various Eastern Rites.)
• In the Eastern Rites, a man in a marriage who is of the Eastern rite must have their marriage witnessed by a priest in one of their own churches or must have permission granted by their Eparch to have it performed in a Roman Catholic Church. If these conditions are not met, their marriage is considered invalid in the eyes of the Eastern Church. This does not apply to an Eastern Rite woman.
• Canon 1127: §2: Dispensation from canonical form can be granted by a local bishop for a valid reason, e.g.
--danger of civil marriage
--long time relation with a particular church
• Once a dispensation from form has been granted, the marriage can be done anywhere by anyone.
• Canon 1129: Disparity of cult: A Catholic marries a non-baptized person. This requires a dispensation and lacking the dispensation, there is not a valid marriage. The dispensation should be granted at least a month before the date of the marriage.
Chapter VIII: Effects of Marriage
• Canon 1137: Children of a marriage that is later annulled are not made illegitimate children as a result of the annulment.
Prior marriage issues must be asked before the marriage:
1) Where did the prior marriage take place?
2) What is your religion? Are you baptized? Baptized into which Christian denomination?
4 types of annulments:
1) Absence of form
2) Formal case
3) Presence of ligament
4) Lack of baptism
Exception: If the person who did the marrying was not properly delegated, that is a loophole and a marriage can be declared null very rapidly.
1) Absence of form: A person was a Catholic who married an Episcopalian in front of a justice of the peace. This is the easiest form of annulment—very quick.
2) Formal case: Takes 12-18 months or longer. Involves two people who got validly married. A baptized Catholic married a Baptized Episcopalian in an Episcopal Church.
--Ask, is this your first marriage?
--No requirement for canonical form
{Never set a new wedding date if an annulment of any kind is involved.]
3) Presence of ligament: Man is a baptized Episcopalian and is married to a baptized Presbyterian—and he says he has been previously married to an Episcopalian woman, and that was her third marriage to him—you must investigate.
4) Non-baptism of the party: A baptized Catholic woman is married to a non-baptized Buddhist. The pope may dissolve this marriage in favor of the Catholic man the woman wants to marry. This is sometimes called a “privilege of the faith” case. We must here investigate and confirm the fact that the first husband has never been married. (Usually takes 3-6 months.)
• Canon 1143: Pauline Privilege: Granted by the judicial vicar of diocese, through the tribunal of the diocese. Very rarely done.
Ratum sed non consummatum marriage: A marriage made but never consummated.
• Canons 1156-1165: These deal with convalidation of a civil marriage. Example: Two Catholics ran off and got married by a justice of the peace. It is the first marriage for both. This is easy: there is no annulment necessary. They fill out forms. No dispensations or permissions are needed. A con-validation of a civil union. Investigate the perduring of the consent. Set a date for the church wedding—have 2 witnesses. This should be a simple, small ceremony.
Radical sanation: A couple that married in good faith but lacked the proper dispensation and are therefore invalidly married form the subject of this practice. This marriage can be “radically sanated,” i.e. cleansed from the root (radix) of the marriage which was invalidly celebrated.
[Summer program: Next meeting: June 21 @ St. Leo’s. AM is RCIA; PM is the last session of Canon Law.
June 7: Ordination of Transitional deacons at the Cathedral (we are invited)
June 14: Ordination of priests at the Cathedral (we are welcome)
In July: Only one meeting: the 3rd Saturday of July. (1st Saturday is July 4 weekend!)
In August: 1st and 3rd Saturdays.
Possibility of field assignments to different apostolates, e.g. sick/hospital/nursing homes; marriage prep; CCD classes; prison ministry, etc.
Sacraments and sacramentals.
Course notes:
Father Rippy on matrimony—A union of a baptized man and woman who freely enter into a union with each other under Christ.
Impediments: There are 12 of them. Know them for the take-home test. Age/impotency/prior marriage, etc. (See notes from Fr. Rippy’s first session.)
With a dispensation, you can marry your wife’s sister.
Public propriety: Invalid due to long living together or public concubinage.
Today:
Consent makes the marriage
A defect in the consent invalidates the marriage
• Canon 1095: Deals with people who are incapable of contracting a marriage.
Substantial defects in the consent can render a marriage invalid. An act of the will—what we intend is important.
Consent is an act of the will, therefore all defects of consent can invalidate the marriage.
• Canon 1095 lists those who cannot contract a marriage. Psychology and psychiatry have been of aid to tribunals.):
1. Those who lack sufficient use of reason. The church only requires the absolute minimal use of reason. Someone who is severely retarded cannot contract marriage.
2. Defect of discretion in judgment concerning material rights and duties. There are 3 obligations of marriage according to St. Augustine: (a) Fidelity; (b) Permanency, and (c) Unity of life and love, including especially an openness to children.
Obligations must be (1) understood and (2) are entered into freely and willingly. Understanding (obligation (1)) means the details of being married for this particular reason at this particular time. The will must be able to order the decision into execution.
• Canon 1096: Must know marriage is permanent and for the procreation of children.
• Canon 1097: §1 An error concerning the person being married invalidates the marriage. (If you somehow marry the wrong person (e.g. an identical twin), the marriage is invalid.
§2: If you “marry for money” and the money isn’t there, that does not invalidate the marriage.
• Canon 1098: Fraud or imposed error can invalidate the marriage.
• Canon 1101: Simulation of consent, i.e. consent but are not open to the procreation of children. Merely going through the motions to win the assent of the intended spouse. Financial information must be discussed prior to a marriage. (Pre-nuptial agreements regarding finances can rarely be used to invalidate a marriage.)
• Canon 1102: § 1: A marriage subject to a condition about the future cannot be contracted validly.
§§ 2 and 3 deal with past or present conditions.
• Canon 1103: Force or grave fear renders a wedding invalid.
--“Shotgun weddings” are rare
--“Arranged marriages,” which exist in some cultures, are more likely to be encountered, but do not automatically invalidate a marriage.
--The threats must be external.
• Canon 1104: To contract a valid marriage, you must be present in person or in proxy. Assent must be in words or, in the case of those unable to speak, by equivalent signs, e.g. signing for the deaf.
(Use of a proxy in a marriage is rarely done.)
Canon 1106: Marriage can be contracted by use of an interpreter.
SECOND HOUR
Chapter V: Forms of Marriage
A baptized Catholic who marries; marriage must be:
1) Witnessed by a bishop/priest/deacon, who is
2) Properly delegated to perform the marriage.
3) Two witnesses must be present, and
4) The marriage must occur in a sacred place.
If someone is Catholic, they are always bound to the canonical form of marriage.
The Canonical forms are the 4 items noted above:
1) Witnessed by a bishop/priest/deacon (explanation obvious)
2) Properly delegated, meaning given proper faculties to perform the marriage by their bishop. These faculties are granted for life. (Even laicized priests and deacons have this faculty, they just cannot use it.). (The Church has established these laws to protect the faithful.)
Clergy who desire to perform a wedding outside their own diocese, even a bishop, need delegation to perform that wedding from the resident bishop of the diocese in which the wedding will occur. At least one must be a Latin rite Catholic getting married.
3) Two witnesses: Must be above the age of reason, 7 years old. Generally, the best man and maid of honor, but not required. Witnesses can be 2 men or 2 women, but there must be 2 in number. They do not have to be Catholic.
4) In a sacred place: There are ex captions. In the case of a marriage between a Catholic and a Jew, Buddhist, Moslem, etc., who would be affronted by entering a Catholic Church, a dispensation can be granted by the bishop to get married in a neutral place, e.g. a hotel room.
Civilly, for Virginia, an ordained minister must be licensed to perform marriages. The District of Columbia also requires a license, but Maryland does not. Licenses are issued by your county clerk. Be certain to memorize the date of your license to perform marriages, since you will be required to enter that on every Va. marriage certificate you sign as the officiating minister.
Domicile/quasi-domicile must be established for the person marrying. Military stationed in Virginia can be married here because they have “quasi-domicile” even though they are not Virginia residents officially.
[Father sped quickly past Canons 1109 through 1111].
• Canon 1112: Lay persons can assist at a marriage where there are insufficient priests/deacons.
• Canon 1113: “Free status” of a party to marry must be proven. Must ask “Have you ever been married before?” by anyone—a priest, minister, Justice of the Peace, civil official, etc.
Affidavits of “free status” are required in the Arlington Diocese.
“Prior bond” is an impediment to marriage.
• Canon 1115: Marriages may be celebrated in a parish where one of the parties has a domicile/quasi-domicile or month-long residence.
• Canon 1116: Extraordinary canonical form, e.g. a dieing person can get married in a hospital room.
• Canon 1117: Any baptized Catholic being married must observe the proper form of marriage.
• Canon 1118: Place where marriage can be celebrated.
• There is no dispensation from canonical form for 2 Catholics getting married.
• Shrines are not considered a parish church for the sake of determining where a marriage may occur. (Some shrines are also parish churches, however, and marriages may occur there.) (Virtually no weddings occur in the National Shrine of the Immaculate Conception for this reason.)
• Canon 1119: Liturgical form of marriage. You cannot have a marriage within a Mass between a Catholic and a non-baptized person.
The couple cannot write their own vows. You must follow the forms. Only 2 sets of vows appear in the Book of Marriages, and those being wed must pick one of these.
• Canon 1121: Marriages must be recorded. Deacons may record marriages, but don’t anger the Church secretary who may have been recording those marriages for decades.
THIRD HOUR
Chapter VI: Mixed Marriage—A marriage between a Catholic and a baptized non-Catholic
• Canon 1124: Mixed marriages are prohibited without permission from the competent authority, i.e. the bishop or the Vicar General.
• Canon 1125: Conditions for granting permission for a mixed marriage.
• Be particularly careful when an Eastern Rite Catholic is involved. (For purposes of this discussion about marriages, Eastern Orthodox are considered non-Catholics. Eastern Rite Catholics are Catholics who worship using forms of the various Eastern Rites.)
• In the Eastern Rites, a man in a marriage who is of the Eastern rite must have their marriage witnessed by a priest in one of their own churches or must have permission granted by their Eparch to have it performed in a Roman Catholic Church. If these conditions are not met, their marriage is considered invalid in the eyes of the Eastern Church. This does not apply to an Eastern Rite woman.
• Canon 1127: §2: Dispensation from canonical form can be granted by a local bishop for a valid reason, e.g.
--danger of civil marriage
--long time relation with a particular church
• Once a dispensation from form has been granted, the marriage can be done anywhere by anyone.
• Canon 1129: Disparity of cult: A Catholic marries a non-baptized person. This requires a dispensation and lacking the dispensation, there is not a valid marriage. The dispensation should be granted at least a month before the date of the marriage.
Chapter VIII: Effects of Marriage
• Canon 1137: Children of a marriage that is later annulled are not made illegitimate children as a result of the annulment.
Prior marriage issues must be asked before the marriage:
1) Where did the prior marriage take place?
2) What is your religion? Are you baptized? Baptized into which Christian denomination?
4 types of annulments:
1) Absence of form
2) Formal case
3) Presence of ligament
4) Lack of baptism
Exception: If the person who did the marrying was not properly delegated, that is a loophole and a marriage can be declared null very rapidly.
1) Absence of form: A person was a Catholic who married an Episcopalian in front of a justice of the peace. This is the easiest form of annulment—very quick.
2) Formal case: Takes 12-18 months or longer. Involves two people who got validly married. A baptized Catholic married a Baptized Episcopalian in an Episcopal Church.
--Ask, is this your first marriage?
--No requirement for canonical form
{Never set a new wedding date if an annulment of any kind is involved.]
3) Presence of ligament: Man is a baptized Episcopalian and is married to a baptized Presbyterian—and he says he has been previously married to an Episcopalian woman, and that was her third marriage to him—you must investigate.
4) Non-baptism of the party: A baptized Catholic woman is married to a non-baptized Buddhist. The pope may dissolve this marriage in favor of the Catholic man the woman wants to marry. This is sometimes called a “privilege of the faith” case. We must here investigate and confirm the fact that the first husband has never been married. (Usually takes 3-6 months.)
• Canon 1143: Pauline Privilege: Granted by the judicial vicar of diocese, through the tribunal of the diocese. Very rarely done.
Ratum sed non consummatum marriage: A marriage made but never consummated.
• Canons 1156-1165: These deal with convalidation of a civil marriage. Example: Two Catholics ran off and got married by a justice of the peace. It is the first marriage for both. This is easy: there is no annulment necessary. They fill out forms. No dispensations or permissions are needed. A con-validation of a civil union. Investigate the perduring of the consent. Set a date for the church wedding—have 2 witnesses. This should be a simple, small ceremony.
Radical sanation: A couple that married in good faith but lacked the proper dispensation and are therefore invalidly married form the subject of this practice. This marriage can be “radically sanated,” i.e. cleansed from the root (radix) of the marriage which was invalidly celebrated.
Canon Law Class Notes from March 1st, 2008
Canon Law Class Notes from March 1st, 2008
Books II, III, IV reflex much of what Vatican Council II moved to change from the 1917 Code.
Book IV - Santifying Office (cc: 834-1253) is the heart of the life of the Church.
Sacraments, Sacramentals and Blessings are treated under Book IV.
Oath is an individual sanctification to the truth.
Vow is usually a sanctification among others.
Penance is a sanctifying action for the salvation of souls.
Baptism (p.1034) cc: 96, p.245 - cc: 204, 205, 206 and 207 (Christian Faithful)
Jesus is the center of salvation history, therefore: the perfect sacrament is Christ himself.
Sacrament is an outward sign that gives grace. So too, the Church itself, holy and one is a grace.
Baptism makes us members of the Church.
Confirmation makes us witnesses of the faith and strengthens us in the baptismal rite.
Pope Pius X : A valid and elicit reception of a sacrament in matter and form of sacrament should be present (intention with words).
Five major points of each sacrament:
Baptism cc: 849 (principal canon)
1) ordinary minister
2) any person may baptize
3)
4)
5)
Confirmation cc: 879 (principal canon)
1) A Bishop or Abbot ordinarily confers this sacrament
2) Priest may as the deligation of the bishop, confer to baptized or uncatechized
3)
Infant can be baptized at anytime.
Valid but it may not be illicit
Should have the parents or a parent's permission
To receive Confirmation, one must have received baptism. It confers character on your soul as well as with the reception of Holy Orders and Marriage.
Annulments of Marriage are also recorded on the baptismal certificate.
Sponsorship in baptism or confirmation is an important matter. One must be 16 years of age; have had received all the sacraments; should not be the parents; and be living a good Christian life.
Books II, III, IV reflex much of what Vatican Council II moved to change from the 1917 Code.
Book IV - Santifying Office (cc: 834-1253) is the heart of the life of the Church.
Sacraments, Sacramentals and Blessings are treated under Book IV.
Oath is an individual sanctification to the truth.
Vow is usually a sanctification among others.
Penance is a sanctifying action for the salvation of souls.
Baptism (p.1034) cc: 96, p.245 - cc: 204, 205, 206 and 207 (Christian Faithful)
Jesus is the center of salvation history, therefore: the perfect sacrament is Christ himself.
Sacrament is an outward sign that gives grace. So too, the Church itself, holy and one is a grace.
Baptism makes us members of the Church.
Confirmation makes us witnesses of the faith and strengthens us in the baptismal rite.
Pope Pius X : A valid and elicit reception of a sacrament in matter and form of sacrament should be present (intention with words).
Five major points of each sacrament:
Baptism cc: 849 (principal canon)
1) ordinary minister
2) any person may baptize
3)
4)
5)
Confirmation cc: 879 (principal canon)
1) A Bishop or Abbot ordinarily confers this sacrament
2) Priest may as the deligation of the bishop, confer to baptized or uncatechized
3)
Infant can be baptized at anytime.
Valid but it may not be illicit
Should have the parents or a parent's permission
To receive Confirmation, one must have received baptism. It confers character on your soul as well as with the reception of Holy Orders and Marriage.
Annulments of Marriage are also recorded on the baptismal certificate.
Sponsorship in baptism or confirmation is an important matter. One must be 16 years of age; have had received all the sacraments; should not be the parents; and be living a good Christian life.
CANON LAW January 19, 2008
CANON LAW
January 19, 2008
Fr. Ferguson
According to St. Thomas Aquinas, a law is an ordinance of reason for the good of the community by a competent authority that is promulgated.
For Canon Law, the Church is the competent authority.
• For the universal Church, the competent authority is the Pope
• For the diocese, the competent authority is the bishop
Law is:
• An ordinance
• A standard
• An established boundary
• Protector of rights
• Rule of good order
• Protector of values
Law is not:
• A value, or belief—we have the Creed for this purpose
- The Constitution is the law that protects the values expressed in the Declaration of Independence.
- However, Canon Law is not strictly norms. There is a blurring of norms and values. Cannon Law has a theological basis.
HISTORY OF CANON LAW
New Testament
Acts of the Apostles:
• Conversion of the Gentiles to Christianity
o The apostles gathered in a council and made a decision that the Gentiles did not have to be circumcised or follow Jewish dietary laws in order to be Christians (Council of Jerusalem).
Middle Ages:
• Church was less centralized, much more autonomy.
• Gratian—first to attempt codification of the various local church laws.
o Concordance of Discordant Canons
• St. Raymond of Peñafort—tried to gather all the various laws and have just one.
19th/20th centuries:
• Up until the early 20th century, there was still no single code of law
o Pius X and Benedict XV—first code of Canon Law: the Pio-Benedictine Code (1917)
o CIC/17 was the Code for most of the 20th century
• Pope John XXIII (January 25, 1959)—3 things happened:
o Convocation of the Vatican Council
o Reform of the CIC/17
o Convocation of a synod of the Diocese of Rome
• Vatican Council II:
o CIC/83—reflects teachings of Vatican II and some holdover of CIC/17
o CIC/83 was the final punctuation of Vatican II
Context:
• Prior to Vatican II:
o Model of the church as a perfect society—very secular model—for example, only the Church can select its own leaders and pursue its own ends.
• Today:
o The Church is a mystery
All of the Canons are not contained in one book
Canon 1: The canons of this Code concern only the Latin Church.
• Canons apply only to the members of the Latin Rite Church
Canon 2: For the most part the Code does not determine the rites to be observed in the celebration of liturgical actions. Accordingly, liturgical laws which have been in effect hitherto retain their force, except those which may be contrary to the canons of the Code.
• Liturgical law still exists
Canon 3: The canons of the Code do not abrogate, nor do they derogate from, agreements entered into by the Apostolic See with nations or other civil entities. For this reason, these agreements continue in force as hitherto, notwithstanding any contrary provisions of this Code.
• Church’s relations in public forum with other states
o Promulgated after the code
Ex Cordae Ecclesiae “Out of the Heart of the Church”
Instruction on Latin Rite Mass per John XXIII
Canon 4: Acquired rights, and likewise privileges hitherto granted by the Apostolic See to either physical or juridical persons, which are still in use and have not been revoked, remain intact, unless they are expressly revoked by the canons of this Code.
• Acquired rights—individuals or communities: might have acquired rights prior to CIC/83
Canon 5: §1- Universal or particular customs which have been in effect up to now but are contrary to the provisions of these canons and are reprobated in the canons of this Code, are completely suppressed, and they may not be allowed to revive in the future. Other contrary customs are also to be considered suppressed, unless the Code expressly provides otherwise, or unless they are centennial or immemorial: these latter may be tolerated if the Ordinary judges that, in the circumstances of place and person, they cannot be removed.
§2- Customs apart from the law, whether universal or particular, which have been in effect hitherto, are retained.
• Distinction between universal and particular laws
o Universal law supercedes particular law
Titles of Book I: General Norms
Title I—Ecclesiastical Laws
• Diversity of laws
• Divine positive laws
• Natural law
• Universal or particular
• Marriage
o Marriage is a sacrament between 2 baptized people
• Law has to be promulgated
• Subject to interpretation
Title II—Custom
• Favors what is written over custom
Title III—General Decrees and Instructions
• Hierarchy of norms
o When there is a doubt of the law
Title IV—Singular Administrative Acts
• Rescripts—refer to the written communication of a privilege or dispensation.
o Privilege—a favor
o Dispensation—the relaxation of the law for a just cause
• Disparity of cult:
o In marriage, the lack of baptism is an impediment to a valid marriage. For just cause, a dispensation is needed.
Invalid—not following the form
• Catholic marrying at another Christian Church requires a dispensation.
• Two baptized Christian in a Catholic marriage is considered valid but not licit if permission was not obtained prior to the marriage ceremony.
Title V—Statutes and Rules of Order
Title VI—Physical and Juridic Persons
• Canon 96—incorporation into the Church by Baptism (juridic act)
o Juridic—corporate personality
Title VII—Juridic acts
• Implication for the status of the individual
Title VIII—Power of Governance
• Either ordinary to an office or delegated
• All governance power is vested in the bishop, however it can be delegated
o Proper—who holds it originally
o Vicarious—act in lieu of but in his mind
Title IX—Ecclesiastical Office
Title X—Prescription
• Church entering into relations with secular authorities
Title XI—Computation of Time
Time to exercise their rights
• Useful time—business days
• Continuous—from birth
TEXT: New Commentary on the Code of Canon Law: Study Edition
by John P. Beal (Editor), James A. Coriden (Editor), Thomas J. Green (Editor)
Gratian's vast compilation, which he entitled "The Concordance of Discordant Canons," was actually a university textbook, not an official body of laws, thought it was often treated as such (and, of course, it contained a lot of official laws, which the user could evaluate on his own, guided by Gratian's commentary and the glosses).
St. Raymond of Peñafort was summoned to Rome by Pope Gregory IX, appointed to the papal court, and made papal confessor. He was then charged with the task of rearranging and codifying the canon laws of the Church. His success in this vast editorial job is astonishing, since he had to rewrite and condense decrees that had been accumulating for centuries. Completed in 1234, the work remained the most authoritative compilation within the body of canon law until 1917, when a new code was published.
Due to the requests of the bishops at Vatican Council I, Pope Pius X ordered that work begin on reducing the diverse documents into one, single code. The code was promulgated by his successor Benedict XV, on May 27, 1917. Pope Benedict XV set May 19, 1918 as the date on which the Code of Canon Law would become effective. For the most part, it dealt only with the Latin Church.
Codex Iuris Canonici
Apostolic Constitution of the Supreme Pontiff John Paul II on Catholic Universities available on www.papalencyclicals.net
January 19, 2008
Fr. Ferguson
According to St. Thomas Aquinas, a law is an ordinance of reason for the good of the community by a competent authority that is promulgated.
For Canon Law, the Church is the competent authority.
• For the universal Church, the competent authority is the Pope
• For the diocese, the competent authority is the bishop
Law is:
• An ordinance
• A standard
• An established boundary
• Protector of rights
• Rule of good order
• Protector of values
Law is not:
• A value, or belief—we have the Creed for this purpose
- The Constitution is the law that protects the values expressed in the Declaration of Independence.
- However, Canon Law is not strictly norms. There is a blurring of norms and values. Cannon Law has a theological basis.
HISTORY OF CANON LAW
New Testament
Acts of the Apostles:
• Conversion of the Gentiles to Christianity
o The apostles gathered in a council and made a decision that the Gentiles did not have to be circumcised or follow Jewish dietary laws in order to be Christians (Council of Jerusalem).
Middle Ages:
• Church was less centralized, much more autonomy.
• Gratian—first to attempt codification of the various local church laws.
o Concordance of Discordant Canons
• St. Raymond of Peñafort—tried to gather all the various laws and have just one.
19th/20th centuries:
• Up until the early 20th century, there was still no single code of law
o Pius X and Benedict XV—first code of Canon Law: the Pio-Benedictine Code (1917)
o CIC/17 was the Code for most of the 20th century
• Pope John XXIII (January 25, 1959)—3 things happened:
o Convocation of the Vatican Council
o Reform of the CIC/17
o Convocation of a synod of the Diocese of Rome
• Vatican Council II:
o CIC/83—reflects teachings of Vatican II and some holdover of CIC/17
o CIC/83 was the final punctuation of Vatican II
Context:
• Prior to Vatican II:
o Model of the church as a perfect society—very secular model—for example, only the Church can select its own leaders and pursue its own ends.
• Today:
o The Church is a mystery
All of the Canons are not contained in one book
Canon 1: The canons of this Code concern only the Latin Church.
• Canons apply only to the members of the Latin Rite Church
Canon 2: For the most part the Code does not determine the rites to be observed in the celebration of liturgical actions. Accordingly, liturgical laws which have been in effect hitherto retain their force, except those which may be contrary to the canons of the Code.
• Liturgical law still exists
Canon 3: The canons of the Code do not abrogate, nor do they derogate from, agreements entered into by the Apostolic See with nations or other civil entities. For this reason, these agreements continue in force as hitherto, notwithstanding any contrary provisions of this Code.
• Church’s relations in public forum with other states
o Promulgated after the code
Ex Cordae Ecclesiae “Out of the Heart of the Church”
Instruction on Latin Rite Mass per John XXIII
Canon 4: Acquired rights, and likewise privileges hitherto granted by the Apostolic See to either physical or juridical persons, which are still in use and have not been revoked, remain intact, unless they are expressly revoked by the canons of this Code.
• Acquired rights—individuals or communities: might have acquired rights prior to CIC/83
Canon 5: §1- Universal or particular customs which have been in effect up to now but are contrary to the provisions of these canons and are reprobated in the canons of this Code, are completely suppressed, and they may not be allowed to revive in the future. Other contrary customs are also to be considered suppressed, unless the Code expressly provides otherwise, or unless they are centennial or immemorial: these latter may be tolerated if the Ordinary judges that, in the circumstances of place and person, they cannot be removed.
§2- Customs apart from the law, whether universal or particular, which have been in effect hitherto, are retained.
• Distinction between universal and particular laws
o Universal law supercedes particular law
Titles of Book I: General Norms
Title I—Ecclesiastical Laws
• Diversity of laws
• Divine positive laws
• Natural law
• Universal or particular
• Marriage
o Marriage is a sacrament between 2 baptized people
• Law has to be promulgated
• Subject to interpretation
Title II—Custom
• Favors what is written over custom
Title III—General Decrees and Instructions
• Hierarchy of norms
o When there is a doubt of the law
Title IV—Singular Administrative Acts
• Rescripts—refer to the written communication of a privilege or dispensation.
o Privilege—a favor
o Dispensation—the relaxation of the law for a just cause
• Disparity of cult:
o In marriage, the lack of baptism is an impediment to a valid marriage. For just cause, a dispensation is needed.
Invalid—not following the form
• Catholic marrying at another Christian Church requires a dispensation.
• Two baptized Christian in a Catholic marriage is considered valid but not licit if permission was not obtained prior to the marriage ceremony.
Title V—Statutes and Rules of Order
Title VI—Physical and Juridic Persons
• Canon 96—incorporation into the Church by Baptism (juridic act)
o Juridic—corporate personality
Title VII—Juridic acts
• Implication for the status of the individual
Title VIII—Power of Governance
• Either ordinary to an office or delegated
• All governance power is vested in the bishop, however it can be delegated
o Proper—who holds it originally
o Vicarious—act in lieu of but in his mind
Title IX—Ecclesiastical Office
Title X—Prescription
• Church entering into relations with secular authorities
Title XI—Computation of Time
Time to exercise their rights
• Useful time—business days
• Continuous—from birth
TEXT: New Commentary on the Code of Canon Law: Study Edition
by John P. Beal (Editor), James A. Coriden (Editor), Thomas J. Green (Editor)
Gratian's vast compilation, which he entitled "The Concordance of Discordant Canons," was actually a university textbook, not an official body of laws, thought it was often treated as such (and, of course, it contained a lot of official laws, which the user could evaluate on his own, guided by Gratian's commentary and the glosses).
St. Raymond of Peñafort was summoned to Rome by Pope Gregory IX, appointed to the papal court, and made papal confessor. He was then charged with the task of rearranging and codifying the canon laws of the Church. His success in this vast editorial job is astonishing, since he had to rewrite and condense decrees that had been accumulating for centuries. Completed in 1234, the work remained the most authoritative compilation within the body of canon law until 1917, when a new code was published.
Due to the requests of the bishops at Vatican Council I, Pope Pius X ordered that work begin on reducing the diverse documents into one, single code. The code was promulgated by his successor Benedict XV, on May 27, 1917. Pope Benedict XV set May 19, 1918 as the date on which the Code of Canon Law would become effective. For the most part, it dealt only with the Latin Church.
Codex Iuris Canonici
Apostolic Constitution of the Supreme Pontiff John Paul II on Catholic Universities available on www.papalencyclicals.net
Saturday, 2 February 2008
Canon Law Class # 2 - Book2 The People of God
Introduction to Canon Law
Book II: The People of God
Our focus will be on:
- Canons 204/205: The Effects of Baptism
o Canon 204.1: Triple Munera
o Canons 208-223: Obligations and Rights of All the Christian Faithful
- Canons 224-231: Obligations and Rights of the Lay Christian Faithful
- Canon 206: Catechumens
- Canons 215/216: Associations of the Faithful
- Canon 223: Fostering Vocations
- Canons 220/221: Privacy and the Defense of Rights
- Canons 330/331: The Roman Pontiff
- Canon 369: The Diocese
- Canon 383: Role of the Bishop
- Canons 573 - 606: Religious Life
- Canons 265 – 272: "Incardination and Excardination
- Canons 273 – 289: Obligations and Rights of Clerics
- Canons 515/528.1: Parishes
- Canon 517.2: Pastoral Care in Parishes Without a Pastor
The above addresses all of the "basic standards for readiness" regarding Book II set forth in the National Directory for the Formation, Ministry, and Life of Permanent Deacons in the United States.
Contact Information:
Deacon Bill Donovan
St. Ann Church
5300b10th Street North
Arlington, VA 222c5
(Office) (202) 344-4939
(Cell) (703) 254-6633
wjdonovan@venable.com
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