THE NEW CODE OF CANON LAW By THE REV. CHAS. AUGUSTINE, O.S.B., D.D. WITH AN INTRODUCTION BY HIS EMINENCE CARDINAL GASQUET VOLUME III Religious and Laymen SECOND EDITION B. HERDER BOOK CO. 17 SOUTH BROADWAY, ST. Louis, Mo. AND 68 GREAT RUSSELL ST. LONDON, W. C. 1919 leen Shop Book •B12 3 INTRODUCTION BY HIS EMINENCE CARDINAL GASQUET I have been asked to write a brief Introduction to this third volume of the Commentary on the New Code of Canon Law. The subject matter is so important and affects so many people that an, Introduction would almost appear to be out of place; but I cannot refuse the request of an old friend like Father Augustine to write a few words to preface his Commentary. The sections of the Code treated in this volume deal with two classes of persons, namely religious and lay people. The laws relating to the first naturally follow upon those which deal with clerics, and they are set forth in this Codex in 195 Canons, in which is given with clearness and precision the whole jurisprudence of the Church regarding the religious life. In some ways this portion of the new Codex may be regarded as perhaps the most useful and necessary part of the Codification of ecclesiastical law. Hitherto legislation in regard to religious has been in what may be called "a fluid state." It was mostly based upon special Pontifical Constitutions and deductions from the same, and had not hitherto been gathered together and coördinated officially. The marvellous growth of religious bodies and the variety, especially in modern times, of their scope and purpose, had rendered it difficult, to say the least, to set out the ecclesiastical law applicable to them. After the Council of Trent, the advent of Congregations of Clerks Regular made necessary great changes in the old monastic legislation, and these again opened the way for other Congregations of simple vows, perpetual or temporary, which have proved useful and even necessary to meet the needs of the Church in modern times. The codification of the laws relating to religious life has consequently not been the easiest portion of this great work, which has been accomplished in the present Codex. The most important change which has been introduced in this section at least so far as the older Orders are concerned is the law which imposes a period of three years of temporary simple vows after the noviciate, before perpetual vows, simple or solemn, can be taken. Hitherto the very ancient monastic principle of stability was safeguarded by the subjects taking simple vows for three years, which on their part are perpetual, before taking their solemn vows. Another point in the present legislation to be noticed is the greater stress which is laid upon the element of "common life," as an essential condition for the religious life. Canon 487 makes this clear. One who leads an eremitical life, for example, cannot be called a religious, because the condition of "common life" is wanting. In the same way Canon 673 defines as improperly called "religious" those who, though living together in common life, are not bound by vows. The second portion of this volume deals in two sections with matters regarding the laity and their associations. In the first the enrollment of the laity in pious associations is strongly recommended. Since these are recognized by the Church, they should be approved and established by competent ecclesiastical authority. The Ordinary always is to exercise his jurisdiction over such associations. In view of the great multiplication of these confraternities in modern times, it is obviously of the greatest importance that the principles which regulate them should be set forth and understood. The second section of this part deals with particular pious associations, such as "Third Orders," Archconfraternities, Confraternities, Pious Associations, etc. It will be seen from this bare statement that the Volume here given to the public contains much of great practical importance, and I have little doubt that the Commentary furnished by so competent a canonist as Father Augustine, O. S. B., will be found of great assistance to those who wish to understand the New Codex. Rome, Nov. 10, 1918. A. CARD. GASQUET |