Canon Law of the Catholic Church

Fundamentals of Canon Law

What is Canon Law?

• Laws and Principles enforced by the Church to regulate is organization and to direct Catholics towards the mission of the Church: Salvation of souls and spread of the Gospels.
• Canon law is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code principles of legal interpretation, and coercive penalties"
• The Catholic Church is a supernatural institution. Therefore Canon law must not conflict with Divine Law (natural law or revealed truth).
• The Catholic Church is an international organization. Therefore Canon law must not depend on or exclude a particular type of civic government (monarchy, democracy, republic, etc.)

Where did Canon Law come from?

• The Canon Law of the Catholic Church was originally based on Canons (a Greek word for rule), that were voted on by early Church councils.
• During the early Middle Ages, the diverse set of Canons enforced throughout Europe were curated and complied into a complete legal system, referred to as Corpus Juris Canonici   (Body of Canon Laws), that applied to the Universal Church.
• The Canon Laws of the Church were revised over several centuries, and then official promulgated at the Council of Trent. They were revised again in the 20th century both before and after Vatican II.

To whom does Canon Law apply?

• All Catholics of sound mind above the age of reason
• Before the revolutionary period, national laws in Catholic nations could not conflict with Canon Law.
• Most western nations now have legal systems in direct conflict with Canon and Divine Law.

What are the sources of Canon Law?

• Scriptures, especially words and actions of Jesus Christ and Acts of Apostles
• Writings of Church Fathers, Sacred Traditions and Customs
• Natural Law and Reason
• Decisions of Councils and Decrees of Popes

Who can modify Canon Law?

• Pope and councils can alter parts of Canon Law, but cannot contradict Sacred Tradition.
• Canon Law can NEVER contradict Divine Law. It must be based on reason and revelation.

Who enforces Canon Law?

• An Ordinary is a prelate (bishop, abbot, etc.) whose office bestows authority to enforce Canon law.
• Ordinaries can give Dispensations and issue decrees that are binding in their own jurisdiction.

Who interprets Canon Law?

• Ordinaries may interpret Canon Law or delegate interpretation to councils, tribunals, or Judicial Vicars.
• Decisions of a regional council or tribunal can be appealed to a higher level.
• The Roman Rota is the highest appeals court of Canon Law.

Evolution of Canon Law

The Corpus Juris Canonici (complete body of Canon Law) was codified during the 11th century by clerics associated with the University of Bologna. In previous centuries Church laws were based on a set of Ancient Canons that had been voted on by Church councils. The Corpus Juris Canonici has been appended, revised, and reissued several times, most recently in 1983. The Evolution of Canon Law to its modern form proceeded as follows:

Ancient Canons (to 1050 A.D.)

• During Ancient Times, Canons (rules) were issued by Bishops and Councils. Ecumenical Councils set forth Canons that applied to the Universal Church, while regional councils established Canons that were applied locally.
• Letters and Decrees of Church Fathers were collected and passed among Christian Churches and Diocese. These were used to aid in the interpretation of the canons.
• Bishops interpreted Church Law in their own diocese in communion with other bishops, but Canons were not applied uniformly.

Decretum Gratiani (~1150)

• In the mid twelfth century, Gratian, a scholar monk from Bologna, gathered and organized hundreds of Canons from ecumenical and regional Church councils.
• Gratian modeled his composition of Church laws on the recently published Corpus Juris Civilis, also compiled at the University of Bologna.
• The value of Gratian's collection of Canons for instruction was immediately recognized, and it was used at Bologna and other universities to train lawyers and judges to interpret Church law.

Decretals Gregorii IX (~1250)

• Gregorian Reforms resulted in many councils, decrees, and clarifications during the 12th and 13th centuries
• The highly regarded Dominican legal scholar Raymond Penyafort, Patron Saint of Canon Lawyers, was appointed to reorganize and update the Canons.
• Decretals Gregorii XI, compiled by Penyafort, were officially promulgated by Gregory IX in 1250.

Post-Tridentine Revision of Corpus Juris Canonici (1582)

• Council of Trent decrees and clarifications were added to Canons. Many changes were in response to Protestant critiques and conflicts.
• St. Pius V declared that the Roman Canon of the TLM was "composed many centuries ago, should be kept pure and unchanged" to prevent perversion or innovation by "reformers".
• Revised version of Corpus Juris Canonici was promulgated in 1582 by Gregory XIII.

Pio-Benedictine Revised 1917 Code of Canon Law (Pius X, Benedict XV)

• Beginning in 1904 St. Pius X ordered a commission to revise and simplify the Canons, abrogate outdated laws and update where needed.
• The greatest revision to the Canon Law since the Council of Trent was promulgated in 1917 by Benedict XV.
• Translation from Latin was forbidden to prevent interpretive disputes.

Johanno-Pauline 1983 Code of Canon Law (John XIII, Paul VI)

• In 1959 John XXIII proclaims the intention to call and Ecumenical Council and to revise Code of Canon Law based on Council decrees.
• Paul VI formed a commission to updated Code of Canon Law based on Vatican II decrees. Council completed its work in 1982 and changes were promulgated by John Paul II in 1983.
• 1983 Code of Canon Law was a major rewrite to reflect the doctrine and Theology of Vatican II

Canon Law Terms and Definitions

Ecclesiastical Courts and Judges

• Tribunal — A tribunal (court) is the name given to the persons who exercise the church's judicial powers. Each diocese has a diocesan tribunal, used mainly to hear marriage cases. Each archdiocese has an archdiocesan tribunal and an appeals court that reviews decisions of diocesan courts.
• Ecclesiastical court — An ecclesiastical court is a tribunal governed by Canon Law. It hears ranging from marriage annulments to disputes among orders, to accusations against Clerics.
• Holy Roman Rota — Highest appeals court in the Roman Catholic Church the highest ecclesiastical court constituted by the Holy See, established in 13th century. The Pope can sit on the court as a judge and only appeals can be made directly to the Pope. Called Rota (Latin for wheel) because the judges originally met in a round room to hear cases.
• Inquisition — An ecclesiastical court specially designated to deal with accusations of heresy during a period in which heresy was considered a civil offense. The inquisition was established so that those accused of heresy would be fairly judged, especially in places where sects or false-converts caused civil disturbances.
• Ordinary — Officer of the Church who by reason of his office has the power to enforce and interpret Canon Law. Bishops, Abbots, Superior General, etc. are Ordinaries within their own jurisdiction.
• Prefect Apostolic — Priest with jurisdiction in a region without a bishop. (Missionaries, for example).
• Judicial Vicar — Cleric or religious who is vested by a Bishop or Superior with Ordinary power to aid in execution of Canon Law within their jurisdiction.
• Court of First Instance — Tribunal in which a case is first heard and adjudicated. In most cases this is the diocesan tribunal, but for serious matters or accusations against high ranking clerics, an Archdiocesan tribunal. The court to which a case is appealed is the Court of Second Instance.

Other Legal Terms Relating to Canon Law

• Canon — Greek word for "rule", norm, or standard. Catholic Uses include: Canon Law, Roman Canon (liturgical Prayer), Canon of sacred scripture, etc.
• Dispensation — Exemption of particular obligations in Church Law by an authority in a specific case.
• Indult — Privileged exemption of a norm of Church law granted by the Holy See. Similar to a dispensation, but granted by a high authority regarding a serious matter.
• Reserved Cases — Serious sins that require permission from a superior to absolve.
• Inalienable right — Human Rights bestowed by "natural law" that are not dependent on secular laws or customs.
• Imprimatur — Latin for “Let it be printed” required for book pertaining to doctrine.
• Faculty — Church authority granted to by law to clergy
• Gloss — Explanatory notes in a text, especially Church documents
• Pauline Privilege — Permission to dissolve a marriage contracted between two non-baptized persons in the case where only one accepts Christianity.
• Annulment — Declaration that canonical conditions for a valid marriage did not exist at the time a marriage was contracted, and that it was void from the beginning.
• Canonical Acts — Decisions or sentences of judges, decrees by prelates, reports of commissions, depositions, or any documents officially recorded in court records to use as evidence or justification for use of a tribunal.
• Valid but illicit — Unauthorized celebration of a sacrament that nevertheless has effect. Used especially regarding marriage, ordinations, and confessions.
• Anathema — Formally excommunicated and denounced as evil or accursed.
• Benefit of Clergy — During the Middle Ages, this referred to the right to be tried in an ecclesiastical court rather than a civil court. Privilege generally was granted all members of clergy and many others associated with the Church, (students at Universities, lay religious, etc.)
• Absolution from Censure — Removal of an penalty imposed by Canon Law by a competent authority. The absolution can be public or private, depending on circumstances.