The promulgation of the New Code of Canon Law has not only
revolutionized ecclesiastical discipline but has become an
epoch-making factor of far-reaching consequences. By codifying its
laws the Church has simplified, facilitated, and stabilized the
study of a very important ecclesiastical science, and has afforded
an access to a permanent and authentic source which, besides
serving as a guide, will constitute the basis of Church government.
The systematic presentation of the various canons contained in the
New Code is of signal assistance to the student, but the terseness
of the language in which they are couched and the scientific and
technical terminology employed, must of necessity give rise to some
difficulties. These difficulties have been anticipated by the
Supreme Legislator and a remedy was applied by establishing a
Sacred Congregation, or rather Commission, whose exclusive purpose
is to render authentic decisions in doubts arising in connection
with the interpretation of the various canons. This Commission has
already exercised its function by promulgating authentic
declarations and interpretations in doubts submitted for solution.
Some of these decisions concern the subject which forms the burden
of this work. The subject of matrimony, as viewed in the light of
the New Code of Canon Law, has undergone many changes, some of them
fundamental, others again less significant. With regard to its
importance the subject cannot be overemphasized. Its
comprehensiveness is admitted by all who are engaged in the sacred
ministry. The principles directly or indirectly connected with it
are many, their application is very consequential. Some of the 133
canons, within whose compass the main discipline of the Church on
this subject (exclusive of some specific dispensations, and
matrimonial trials) is comprised, embody a discipline entirely new,
others again either implicitly or explicitly modify or abrogate the
former law. To explain the canons mentioned above all the available
sources on which the author could draw were limited to the former
discipline of the Church as reflected in the Corpus Juris, in the
numerous decisions of the various Sacred Congregations, in the
works of accepted and approved authors, and to the mere wording in
which the matrimonial legislation is couched. This limitation is
due to the fact that the present law is of very recent origin, the
interpretations thus far suggested fragmentary, hastily compiled
and necessarily inadequate, and the times unfavorable to serious
and extensive research, to publication, and to the procuring of
works, if there be any, on the subject treated in this book. These
facts will explain why the author was not in a position to advance
authorities for some of his statements regarding certain opinions
he has espoused in the interpretation of canons containing a law
either entirely new or modified when compared with the former
discipline. Though the author guarded his statements as much as
possible, the seeming obscurity and indefiniteness prevailing in
some canons constrain him to say that some of his opinions in this,
what may be styled a pioneer-work, are only tentative and
provisional.
General
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