Page:Catholic Encyclopedia, volume 9.djvu/89

 LAW 64 LAW

Since the "closing of the Corpus Juris" two at- definition of .St. Thomas (I, 2, q. 00, a. 1} a law is a tempts have been made; the first was of little use, not reasonable ordinance for the common good, promul- being official; the second, was official, but was not gated by the head of the community. Ecclesiastical brought to a successful issue. In 1590 the juriscon- law therefore has for its author the head of the Chris- suit rierre Mathieu, of Lyons, published under the tian community over which he has jurisdiction strictly title Liber septimus a supplement to the '' Corpus so called; its object is the common welfare of that Juris", di video according to the order of the books community, although it may cause inconvenience to and titles of the Decretals. It includes a selection of individuals; it is adapted to the obtaining of the corn- papal constitutions, from Sixtus IV to Sixtus V (1471- mon welfare, which maplies that it is ph3rsically and 1590), but not the decrees of the Council of Trent, morally possible for the majority of the commimity to Tins compilation was of some service, and in a certain observe it; the legislator must mtend to bind his sub- niunber of editions of the Corpus Juris" was in- jects and must make known that intention clearfv; eluded as an appendix. As soon as the official edition finally he must brin^ the law imder the notice of the of the " Corpus Juris " was published in 1582, Gregory community. A Law is thus distinguished from a coun- XIII appointed a commission to brin^ up to date and sel, w^hich is optional not obligatory; from a precept, complete the venerable collection. Sixtus V hastened which is imposed not on the community but on indi- the work and at length Cardinal Pinelli presented to vidual menibers; and from a regulation or direction, Clement VIII what was meant to be a ^Liber septi- which refers to accessory matters, mus". For the purpose of further studies the pope The object therefore of ecclesiastical law is all that had it printed in 1598: the pontifical constitutions and is necessary or useful in order that the society ma^ the decrees of the Council of Trent were inserted in it attain its end, whether there be question of its orgam- in the order of the Decretals. For several reasons zation, its working, or the acts ot its individual mem- Clement VIII refused to approve this work and tKe bers; it extends also to temporal things, but only project was definitively aoandoned. (An abridged indirectly. With regard to acts, the law obliges the edition of this "Liber Septimus" of Clement VlII individual either to perform or to omit certain acts:

this little

tinning to grow worse. have "permissive" laws, or laws of forbearance; fi-

Many times during the nineteenth century, espe- nally, the law in addition to forbidding a given act

cially at the time of the Vatican Council (Collectio may render it, if performed, null and void; these are

Lacensis, VII, 826), the bishops had ureed the Holy "irritant" laws. Laws in general, and irritant laws

See to draw up a complete collection of the laws in in particular, are not retroactive, unless such is ex-

force, adapted to the needs of the day. It is true, their pressly declared by the l^islator to be the case. The

requests have been complied with in r^ard to certain publication or promulgation of the law has a double

matters; Pius X in his "Motu proprio of 19 March, aspect: law must be brought to the knowledge of the

1904, refers to the constitution "ApoBtolicse Sedis" community in order that the latter may be able to

religious congregations with simple vows. * These and erly so called (see PROMULaATiON). Whatever may several other recent documents were, moreover, be said about the forms used in the past, to-day Hie drawn up in short precise articles, to a certain extent promulgation of general ecclesiastical laws is effected a novelty, and the beginning of a codification. PiusX exclusively by the insertion of the law in the official has at lexigth official^ ordered a codification, in the publication of the Holy See, the "Acta Apostolic® modern sense of the word, for the whole canon law. Sedis", in compliance with the Constitution "Pro- In the first year of his pontificate he issued the Motu mulgandi", of rius X, dated 29 September, 1908, ex- Proprio "Arduum", (De Ecclesi® legibus in unum cept in certain specifically mentioned cases. The law redigendis); it treats of the complete codification and taKcs effect and is binding on all members of the corn- reformation of canon law. For this purpose the pope mXinity as soon as it is promulgated, aDowing for the has requested the entire episcopate, grouped in prov- time morally necessary for it to become known, unless inces, to make known to him the reforms they desire, the le^lator has fixed a special time at which it is to At the same time he appointed a commission of con- come mto force.

suitors, on whom the initial work devolves, and a com- No one is presumed to be ignorant of the law; only

mission of cardinals, charged with the study and ap- ignorance of fact, not ignorance of law, is excusable

proval of the new texts, subject later to the sanction (Keg. 13 jur. in VI°). Ever^'one subject to the l^gis-

of the sovereign pontiff. The plans of the various lator is bound in conscience to observe the law. A

titles liave been confided to canonists in eveiry coun- violation of the law, either by omission of by act, if

try. The general idea of the future Code includes punishable with a penalty (q. v.). These penalties

(after the preliminary section) four main divisions: may be settled beforehand by the legislator, or they

persons, things (with subdivisions for the sacraments, may be left to the discretion of the judge who imposes

sacred places and objects, ete.), trials, crimes and them. A violation of the moral law or what one's

penalties. It is practically the plan of the " Institu- conscience judges to be the moral law is a sin; a vio-

tiones ", or manuals of canon law. The articles wiU be lation of the exterior penal law, in addition to the sin,

numbered consecutively. The first part of this great renders one liable to a punishment or penalty; if the

work is now almost finished. It is impossible to say will of the legislator is only to oblige the offender to

what modifications and reforms will be made in the submit to the penalty, the law is said to be "purely

ancient law; we can, however, expect from this penal"; such are some of the laws adopted by civil

great work, to the immensity of which {amplitudo et legislatures, and it is generally admitted that some

moles) Pius X makes allusion, the best results for the ecclesiastical laws are of this kind. As baptism is the

study and practice of ecclesiastical law. gate of entrance to the ecclesiastical sociefy, all those

VI. Ecclesiastical Law. — The sources of canon who are baptized, even non-Catholics, are m principle

law, and the canonical writers, give us, it is true, rules of subject to the laws of the Church; in practice the

action, each w^ith its specific object. We have now to question arises only when certain acts of neretics and

consider all these lai^-s in their common abstract ele- schismatics come before Catholic tribimals; as a gen-

ment, in other words Ecclesiastical Law, its charac- eral rule an irritant law is enforced in such a cajse,

teristics and its practice. According to the excellent imless the legislator has exempted them from its ob-