The Long Arm of the Law

THE LEGAL ARM OF THE CHURCH
 
Christianity has always had rules, but by the year 1905 there were multiple collections written as far back as 1500 years including Gratian’s Decretum. Gratian, a Benedictine monk, was a major figure in Church history, but still, he was just one of many churchmen compiling regulations from the writings of other thinkers, academic debates, bishops’ synods, and even from some Councils. In 1215 the Fourth Council of the Lateran legislated the “Easter Duty," the rule that one must confess sins once per year and receive the Eucharist annually, during the Easter Season [Ash Wednesday through Pentecost.] As a young student I thought this rule set the bar rather low—I went to communion every day--but in grad school medieval studies I came to appreciate that medieval life was neither as virtuous nor chivalrous as portrayed for me in the sixth grade. Could all these laws and directives be brought together in one place?
 
In 1905 Pope Pius X announced to the Church that a single, official body of the laws of the Church should be undertaken “to put together with order and clearness all the laws of the Church thus far issued, removing all those that would be recognized as abrogated or obsolete, adapting others to the necessities of the times, and enacting new ones in conformity with the present needs." This was an ambitious challenge. It took twelve years to examine every worthwhile surviving legal document back to at least Gratian’s time, with over 10,000 norms to consider; the future Pope Pius XII was one of the researchers. The Code of Canon Law was formally promulgated by Pope Benedict XV on Pentecost Sunday, May 27, 1917.
 
The 1917 Code of Canon Law would remain in force until the 1983 Code was promulgated by Pope John Paul II. The Vatican forbade the translation of the 1917 Code, and those who taught Church Law, or studied it [seminarians, notably] or researched or debated its renderings were expected to do so in Latin [though eventually English translations came into use if the Latin ran down the facing page.] The Church did not envision many, if any, additions or subtractions to the 1917 Code, but there were some notable “papal bypasses” in my youth. Pope Pius XII authorized change in the Communion fast rule from midnight to three hours before Mass—a necessary change in the 1950’s when permission was given for the Triduum Masses and Holyday Masses to be held at night. [The 1983 Code: one hour of communion fast.]
 
DOES CANON LAW AFFECT ME?
 
Canon Law is an important piece of a full-bodied outline of Catholic life, but it is far from the only source for Catholic ordered living. I can understand that most Catholics are not aware of the scope or the complexity of Canon Law, although many of our familiar practices are mandated in that Law. The “Easter Duty” enacted at IV Lateran in 1215 made the 1917 and the 1983 cuts. The baptism of infants soon after birth is cited in the present Code, along with the general window for First Confession and First Communion “at the age of reason” or about seven years old. The obligation to marry before a priest [or an approved delegate] and the thorny issues of divorce, annulments, and remarriage are treated in the 1983 Code. The qualities and requirements of men candidates seeking sacred orders are cited, perhaps not as clearly as they should be. There were 2414 provisions in the 1917 edition; 1752 in the 1983 edition. In the later code, more decision-making authority was granted to local bishops for particular circumstances, and thus less need for universal precepts on various points.
 
A typical Catholic can go a lifetime without an “embarrassing encounter” with the Code, but they do happen, and since we don’t teach the basics of Catholic legal principles in religious ed or adult education, some provisions of Canon Law can create sticky situations. A few examples from today’s Code:
 
Regarding Sponsors: Any sponsor or “Godparent” must be a practicing Catholic, since the law assumes—logically—that a Catholic role model for a child candidate for Baptism and/or Confirmation is, in fact, a practicing Catholic—i.e., attends Mass, lives in a sacramental marriage, does not give major scandal, etc. If you watched “The Sopranos” you might recall that when A.J. was confirmed, his uncle-sponsor was a high-ranking Mafioso; the pastor, apparently, was not about to upset the Don. But many pastors will ask tactfully about the sponsor’s character during the paperwork phase. Some pastors are stricter than others in their investigations. However, in pastoral guidebooks many authors suggest that a weak or non-practicing Catholic sponsor candidate meet with the officiating priest for a heart-to-heart about the responsibilities of sponsorship. That was my practice, and if the individual committed himself or herself to deeper involvement in following Christ and engaging in the sacraments, I would sign off. The best parishes have preparatory programs for parents and sponsors. There are evangelization possibilities in these sacramental celebrations where the Catholic faith is “rediscovered” in these family events. It is true, too, that shopping for a parish with the “fewest hoops” is not unheard of, nor are pastors with a casual attitude toward the spirit of the law.
 
Weddings: The number of Catholic weddings has declined dramatically in the past half century. There are many reasons, to be sure, and I suspect one reason is the reality that one or both candidates for marriage have been married before. There is a misconception that the Catholic Church only recognizes marriages performed by the Church. So, the thinking goes, if a Catholic future bride who has never been married gets engaged to a divorced Methodist, there should be no impediments for a “Catholic wedding” here to worry about. Right? Wrong. The Catholic Church would hold that the Methodist’s first marriage was probably a valid marriage. Think about it this way: the Catholic Church recognizes all Trinitarian baptisms [Father, Son, Holy Spirit] so it certainly recognizes Methodist baptisms. Second, non-Catholics are not bound to the Catholic formula of marrying before a priest, so the prospective groom’s first marriage had nothing standing in the way when he entered that marriage in presumably good faith. This may sound odd but imagine the Church saying that all marriages in the world are invalid except the ones that meet Catholic muster, which it never claims.
 
Now imagine yourself as the Catholic bride-to-be [or, as happens from time to time, the pastor] who must explain to her fiancé that he needs an annulment from the Catholic Tribunal, and not his Catholic fiancé. In twenty years of pastoring, I had to break this unwelcome news more than once after interviewing a couple seeking a Catholic wedding. Even my most active members did not always understand that Catholicism recognizes marriages outside of its jurisdiction, and we have to address that. Now, if the Methodist had married a Catholic woman in his previous exchange of vows, we have a different situation. The first wife, being Catholic, was bound to marry before a priest [or his delegate.] Assuming she married the Methodist before his minister, or even an officer of the state, and she did not have a “dispensation from form” approval from the Catholic Church, her marriage is not valid per the Code. She was bound to do it by the book. The situation can be rectified through the filing of appropriate paperwork; as I recall, I just needed to present paper proof of the previous marriage to the Diocesan Tribunal, such as a civil marriage license. [Of course, if the Methodist married another Methodist…I don’t even want to take you down that road….]  
 
The moral of the story: if you are planning a Catholic wedding to anyone, including another Catholic, make your FIRST step an appointment with your pastor or the official minister of marriage in your parish, who can reassure you if there are no issues with the Code and you can proceed through your parish’s normal pre-Cana or premarital preparation. Many church bulletins say that you should inform your parish of your wedding intentions six months before the wedding. I would say, at least one year. While it is true that the annulment process has improved greatly in my lifetime, it is still time consuming, and a pastor has limited, if any, influence in speeding along an annulment, should one be needed. Neither your parish priest nor you want that axe of anxiety hanging over your head.
 
ARE THERE OTHER “LAW BOOKS” IN THE CHURCH?
 
I wouldn’t use the term “law book” as much as formularies of faith and morals, which can be found spread out in two other main sources: the Catechism of the Catholic Church, published in 1993: and Liturgical directives, found in the “books of sacramental rituals” including the Missal used at Mass; these appeared gradually after Vatican II through the mid-1970’s. [There is considerable overlap in content, though, as you might expect.] One might say, then, that the Code of Canon Law is the operational manual of the Church, the outline of necessary deeds and functions to ensure that the graces of God impact all persons, such that everyone has a chance for eternal reward. The Catechism is the meaning of the human encounter of God, the blueprint of spirituality. The sacramental rite books put forth the universal prayer and action by which we encounter God as a united people. These sources are interlocked. Consider: The Code prescribes Easter Communion; the Catechism explains the religious encounter with the Risen Christ. The Sacramental books bring us together by celebrating one universal formula of worship, particularly in the holiest season, Easter.
 
I should add here that in the first millennium the Irish monks developed the practice of periodic confession of sin and individual penance. The monks collected all known sins into books called penitentials, in order that the appropriate penance might be administered. In the Middle Ages such guides for confessors came to be called “manuals,” and the Manualist Era lasted until well into the twentieth century. Today the Catechism of the Church embodies the major moral teachings. Private confession determines the depths of guilt and re-establishes a moral conversion path depending upon the need. Everyone’s needs are different; hence, the importance of private, individual confession.
 
I can see three follow-up posts flowing from this one. Something that has bothered me for some years is the possibility of violations of the 1917 and 1983 Codes in the way the Church mismanaged the sexual abuse crisis. Second, I would like to review and recommend a handbook on Church Law that is up to date and current. As a Church, we do need to circulate crucial information to avoid hurt and misunderstanding. And finally, some examples of where Canon Law and other Church “guard rails” change lives and attitudes for the better.
 
And no more legalese—or just a little—to tell the tales.