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Canon Law Translations
1. Jerome Hamer, op, The 1983 Code and the Second Vatican Council. ("Le Code et le Concile")
2.
Ryszard Sztychmiler, The
obligation of parents to educate children for Eucharistic life
("L’Obbligo dei genitori di
educare i figli alla vita eucharistica"). ------------------------------------------------------------------------------------------------------------------ (Le
Code et le Concile) from:
L’Osservatore Romano, 15 February 1983
Hamer
1.
In the eyes of Pope John XXIII, the revision of the Code of canon law was
inseparable from the work of the Ecumenical Council. The pair constituted two
points of the same program announced on the same day at St. Paul’s outside the
Walls on January 25th 1959.
For
the first time in history a reform of ecclesiastical legislation would be
directly developed from Church teaching long maturing. Practically speaking, the
principle text of Vatican II is the Dogmatic Constitution on the Church, Lumen
gentium. It crowns a whole series of documents on internal renewal and on
various lines of conduct for post-Conciliar dialogue, and constitutes an
ecclesiological given that has no comparison with what we have encountered in
the past. Certainly the whole heritage of the Church is present therein, but one
finds within this work an organic synthesis of enhanced value that augments this
teaching and enables it to address new situations.
Open
the new Code, and you will find the teaching of Lumen gentium and the
other Conciliar texts. The Pontifical Commission for the Revision of the Code
has faithfully carried out the work that John XXIII entrusted to it and that has
been confirmed by his successors.
2.
Obviously one does not find the entire Council in the Code. The doctrinal and
pastoral teaching of Vatican II gives specific directions that law must take
into account and issues therefrom a complex of norms already well formulated;
but Church teaching does not stop with considerations that are directly or
indirectly juridic. The doctrine of the Church will always be richer than canon
law because one cannot express everything in law.
On
the other hand, the Code contains norms that are not found in the Council. One
notes that after the first session [of the Council] it was necessary to reduce
considerably the proposed schemata, and to see that a large part of the
preliminary questions would be entrusted to the Code Commission instituted for
this purpose at precisely that moment (29 March 1963), between the first and
second session. Still, the Code must legislate on subjects that are
indispensable for the life of the Church but were not treated by the Council in
depth or weren’t treated at all.
3.
Vatican II presents an ecclesiology of communion that one easily finds in the
Code. In this vein, Canon 204 § 1 of Book II (De Populo Dei) is typical.
It defines the faithful (members of the Church) in relation to the vocation that
they have to exercise, each one in the situation where he finds himself, within
the mission that God has entrusted to his Church on earth. This vocation is
founded on their incorporation in Christ by baptism, on the fact that they
constitute the People of God, and on their participation in the priestly,
prophetic, and royal missions of Christ. The definition of the faithful precedes
the canon that distinguishes clergy from laity in so far as they have been
constituted, or not, sacred ministers by the sacrament of orders (1983 CIC 207
§ 1). All are called to take part in the mission of the Church because all are
baptized and form part of the unique People of God. This universal call, that
excludes no one, establishes among the faithful a true equality that the Code
underscores in Canon 208. Of course, baptism does not confer by itself a sort of
generic qualification to assume just any role in the Christian community. In the
realization of the mission of the Church, each person works according to his own
condition and his own function (secundum propriam cujusque conditionem et
munus, Canon 208). One might also consider the action of sacraments received
(confirmation, marriage, and above all orders), other spiritual gifts, duties
assigned by the hierarchy, the religious state, talents placed at the service of
the Church, and so on. The Church is thus a differentiated community in which
pastors are constituted as such by the sacrament of orders.
4.
It is thus a matter of an application of communion in the Church that is founded
on the fact that each faithful takes part in a unique living reality, one in
which each carries out his part and to which each brings a share of all he is
and all that he has received. At the heart of this special unity, the bonds of
reciprocity and interdependence are formed between each member of the Church and
all the others.
5.
It follows that one cannot oppose an ecclesiology of communion to a juridic
ecclesiology. This would lead to doing an injustice to the notion of communion
that, far from being a recent creation of theology, is to the contrary a living
reality expressed all through the history of the church, sending its roots deep
into biblical witness. This reality reclaims a juridic form that demands that
one be animated by charity. For my part I would define the Church just as
understood by the Council and the Code, that is to say, as a communion at once
interior and exterior, with the interior communion of the spiritual life (of
faith, hope, and charity) being signified and produced by an exterior communion
of faith, discipline, and sacramental life. As a consequence, the hierarchic
constitution of the Church must be considered as a form of service proper to
certain of its members and making up an essential part of ecclesial communion.
6.
After having studied and reviewed the work of the commission, John Paul II has
approved and promulgated the new Code that henceforth will be the law of the
Church. This promulgation solemnly expresses before the eyes of the whole world
the will of the Church to conform her institutions to the model set forth by
Vatican II. Certainly this will does not date from today, for since the day
after the Council various partial legislations, provisory and sometimes ad
experimentum, have given a concrete form to Conciliar directives. But today,
the Church takes a new step forward in promulgating a universal and definitive
legislation that engages the future with a view toward considerable duration.
The realization of the Council has certainly been the
principle objective pursued by the revision of the Code. This has also been the
formal commitment taken up by John Paul II on the day after his election
(Message to the World, 17 October 1978) it treats without any doubt a work of
wide scope and common commitment; and that is why the legislator must be able to
count on the goodwill and perseverance of all. As with the 1917 Code, the new
Code will have its imperfections. This is inevitable. But this is why the Code
itself (1983 CIC 16) has foreseen the possibility of the authentic
interpretation of norms which might be in need of such. There will, to be sure,
be other difficulties to face, but they will be easily overcome by those who
strive to recognize in the 1983 Code the ecclesiology of the Second Vatican
Council. +++
from
French, enp, II.04. ------------------------------------------------------------------------------------------------------------------ Translation
2 (L’Obbligo
dei genitori di educare i figli alla vita eucharistica) Adjunct
in Canon Law, Catholic University of Lublin [Poland] from:
Ius Ecclesiae 2/1 (1990), pp. 127-135. Footnotes reordered. 1.
The obligation of religious education in the family circle. – 2. The object of
education toward the Eucharistic life in the family circle. – 3. Conclusions.
The
great majority of lay faithful live united in marriage, and in this state they
fulfill important tasks entrusted to them by the Creator. Without a doubt, the
greatest of these responsibilities is the education of their children. The
importance of this function is stressed in the new Code of Canon Law wherein its
scope is specified. During
his homily at the Mass for Polish families held at Stettino on July 11th,
1987, Pope John Paul II affirmed: “The sacrament of matrimony takes root in
the Eucharist. It grows with the Eucharist and leads to it.” AAS 80 (1988)
425; cf. Familiaris consortio n. 57. The sacrament of matrimony requires
that spouses have constant recourse to the Eucharist. Christian parents not only
live in the Eucharist themselves, but they also bring their children to this
sacrament. This comprises for them not merely a desire, but a true obligation. This
article seeks to define precisely the requirements that apply to parents
relative to the education of their children for the Eucharistic life. In a
single study, one cannot treat all of the possible relations that bind spouses
to the Eucharist but simply attempt an exposition of their responsibilities in
the education of their children toward the Eucharistic life. We will offer first
of all an exposition of the norms that establish the obligation for the
Christian education of children and, following that, look at those norms that
relate specifically to the introduction to Eucharistic life. The fundamental
source for these norms is the Code of Canon Law as well as their interpretation,
and what is found in other [p. 128] pontifical documents or in those
emanating from local Churches. Moreover, there will be useful references to
theological and canonical literature. 1.
The obligation of religious education in the family circle. All
the faithful must contribute to the growth of the Church and to her holiness.
1983 CIC 208 & 210. In virtue
of baptism and confirmation we are morally obligated to undertake the apostolate
and to transmit the good news of divine salvation to every man.[1]
Those who still do not know Christian teaching have the right to know it. In
particular, children are called by baptism to live according to the evangelical
message, and from that they enjoy the inalienable right to a Christian education
that will lead them to personal maturity to know the mysteries of salvation and
to a life compatible with these mysteries.[2]
The obligation of religious education rests in the first place on Christian
parents: “Since they have given life to their children, parents have a most
grave obligation and possess the right to educate them. Therefore, it is for
Christian parents particularly to take care of the Christian education of their
children according to the doctrine handed on by the Church.”[3]
Hence Christian education of children is a primary right and a most grave
obligation of Christian parents.[4]
It must be underlined that the legislator in both cited canons uses words that
testify to the extreme importance of the obligation of parents to impart a
Christian education; the Latin text uses terms such as gravissima obligatione,
and officium gravissimum.
The
obligation for this religious education sometimes falls on only one of the
parents. This is the case following the death of one of the spouses, or with the
absence of one spouse for various reasons from the family community, or in a
mixed marriage [p. 129] where only one party is Catholic and the other is baptized in a
different Christian confession; or again in a marriage celebrated with
dispensation from the impediment of disparity of cult in which one party is
completely of a non-Christian faith or an atheist. In both these latter cases,
the Catholic party is obliged to baptize all the children and to educate them in
the Catholic faith (1983 CIC 1086, 1125 § 1, & 1129). The
Catholic education of children is of such importance that the canonical
legislator has more than once presented the obligation. Catholic parents who
entrust their children to be educated by those who profess principles contrary
to the Catholic faith must be punished with a censure—for example,
excommunication—or with another just penalty established by the competent
legislator.[5]
And if this is not able to dissuade such parents from imparting such an
erroneous education, offenders can be compelled with a similar penalty in virtue
of Canon 1399.
In
light of these referenced norms one can therefore affirm that the obligation to
provide a Christian education to children is not only a moral one, but a juridic
one, grave enough to be enforced by penalty. 2.
The object of education toward the Eucharistic life in the family circle. Christian
education must have regard for the personality of the children globally
considered, and an essential constitutive part of this is education that is
properly religious, and for which nowadays parents are particularly responsible.
Preparation for Eucharistic life is a key part of this educational area. The
Congregation for Divine Worship has underscored the irreplaceable role of the
Christian family in preparing children to approach maturely and with
understanding the cause of Eucharistic life. The whole Church, and especially
Catholic parents, must “be vigilant that their baptized children are
introduced into the fullness of Christian initiation through the sacraments of
the Eucharist and Confirmation, and moreover that they not long after are
brought for the first time to Communion. The conditions of contemporary life in
which youth find themselves living do not in fact exercise a positive influence
for spiritual growth. Often it
happens that parents are not sufficiently occupied in fulfilling the obligation
assumed from the moment of the baptism of their children to provide a Christian
education.”[6]
[p.
130] The preparation for Eucharistic life
that takes place within the nuclear family must cover at least three principal
topics: instruction in the significance and manner of participating at Mass;
preparation for first Communion; and finally, that which equips children to have
a mature and fruitful rapport with Jesus present under the sacramental species. The
Directory for Masses at which Children Participate (nos. 10 and 16) recommends
that children, by the end of their first years, be attending Mass along with
their parents.[7]
The Directory speaks of Mass at which children participate, and not Mass for
children. It
is important that children’s education for the Eucharistic life be consistent
and continuous. Pastors of souls must support parents and the internal family as
it educates the young to participate appropriately in the Mass. Parents must
teach children how to follow the Mass in a worthy and adequate manner. Family
catechesis can greatly assist children to participate with fruit in the Mass.[8]
The Directory for Masses at which children participate (n. 24) directs pastors
and rectors of churches to present the laity with a special homily after the gospel in case of urgent necessity
and thus all the more the celebrating priest will not fail to adapt it to the
mentality of children. … In virtue of canon 67 § 1 and of Canon 2 the laity
cannot present the homily and, in light of the response from the Pontifical
Commission for the Authentic Interpretation of the Code of Canon Law given on
June 20th, 1987, neither the pastor nor the diocesan bishop can
dispense from the above mentioned prescription. According to the norm of Canon
766, the lay faithful can (in determined circumstances and according to the
directives [p. 131] of the episcopal conference) be allowed to preach (
but not to offer the homily) in a church.[9]
The
education of children toward conscious, active, and direct participation in the
Mass must take place before anything else in the period of preparation for first
Communion. In this period there is also a need to instruct parents and help them
to educate the young with greater fruit toward a Eucharistic life. The
principal purpose of this period is to prepare children for First Confession and
First Communion.[10] The ecclesiastical
legislator recalls that before all others parents are obligated to see that
“children who have reached the use of reason are duly prepared as soon as
possible, having been sent to sacramental Confession, for this divine food.”
(1983 CIC 914). Parents are obligated to prepare adequately children for first
Communion and pastors of souls must verify the sufficiency of this preparation.[11] Canon
913 §1 gives the criteria by which children are qualified for admission to
first Communion: “The administration of the Most Holy Eucharist to children
requires that they have sufficient knowledge and careful preparation so that
they understand the mystery of Christ according to their capacity and are able
to receive the body of Christ with faith and devotion.” The legislator
enumerates then three criterion by which one might have an adequate preparation
for first Communion. First of all, the child must, in a way adequate to his age,
understand the mystery of Christ present in the Eucharist. He must [p. 132]
also have faith, that is, believe in Christ, and finally, he must be ready to
receive communion with piety. In order for a child to possess faith and piety it
is necessary that the parents be examples of this and more widely the family
environment. First
Communion must be preceded by an adequate preparation for Confession, and
children must receive this sacrament first.[12]
A child thus prepared must be admitted by the pastor to first communion (1983
CIC 912). Some German theologians have argued that that decision belongs solely
to the parents. But this position conflicts with Canon 914 of the new Code.[13]
The Legislator requires that the pastor be vigilant that there not be admitted
to first communion children who, in his judgment, [emphasis added by
author] do not have the use of reason or who are insufficiently disposed. Two
questions arise from this legislative formula: anticipated admission to the
first Communion, and admission to the sacrament for children disabled mentally
or who find themselves in danger of death. Reading
the dispositions of Canons 914 and 97 § 2 together, it is possible to admit to
Communion those children who have completed seven years of age, on condition
that they are adequately prepared and have satisfied the required conditions
(Canon 913 § 1.) Therefore, Catholic parents who lead a sufficiently religious
life can request of pastors of souls that their children be permitted to receive
the Eucharist earlier than is perhaps customary, that is, about ages 7-9.[14]
[p.
133]
As for children in danger of death, the Legislator has imposed less onerous
conditions. To such children, “the Eucharist can be administered if they are
able to distinguish the Body of Christ from common food and can receive
Communion with reverence.” (1983 CIC 913 § 2).
It is therefore necessary that children know how to distinguish the
Eucharist from other forms of bread, and even from a simple, non-consecrated
host.
Even
though the Code does not mention in this context children suffering mental
impairments, we can observe that
only in part can there be applied those norms relating to children who are in
danger of death. Parents must impart to them, within the possible limits, a
richer and more profound formation.
It
is obvious that the obligation to introduce children to the Eucharistic life can
not be considered fulfilled until they are in a state ready to receive first
Communion. Parents must educate them to frequent the Eucharist with maturity,
not only by words, but by example.[15] Polish bishops have
recommended that on feast days the entire family receive Communion.[16] Parents must teach their
children to return frequently to Communion. The obligation to approach this
sacrament at least once a year constitutes a minimum (1983 CIC 919-920).
Actually, the practice of receiving the Eucharist frequently should always be
promoted. Parents must teach their children to form an adequate
disposition—interior and exterior—so as to approach this sacrament suitably,
and help them to form a right conscience, so that, if necessary, they will be
able to have previous recourse to the sacrament of Penance (1983 CIC 916 and
989), teaching them also the practice of Eucharistic fasting (1983 CIC 919). The
fast does not apply, as is known, to water and medicine,
nor to sick persons. Parents must teach
their children to observe modesty of body and dress, and to follow the Mass
worthily. Children
who have completed the seventh year are obligated to participate in Sunday Mass
and days of [p. 134] precept.[17]
Children so small can hardly fulfill this requirement without the help of
parents. Therefore, these are responsible for the participation of their
children at Sunday Mass as well as those of precept. In
the case of sick children recovering in a hospital, or for those who find
themselves at home, they can receive the Eucharist on condition of having
already made first Communion. Parents should know that for their own child
falling into danger of death—following an accident or sickness or something
like that—there is a need to receive the comfort of the Eucharist as viaticum
(1983 CIC 921 §§ 1 and 3). 3.
Conclusions.
Like
all believers, parents too have the obligation to contribute to the up-building
of the people of God. Their vocation is realized in the first place through the
religious education of children within the nuclear family. This constitutes the
most important task of Christian parents and its importance is even greater in
those situations where children can be prepared to receive the Eucharist only by
parents, or in those situations where the young do not receive an adequate
example in regard to Eucharistic life. Eucharistic
education must be considered as the center of all religious education. Pastors
of souls must instruct parents on the significance, the form, and the scope of
such education for their children. In
the first place, parents must instruct children, in a way that they can
understand, to participate in Mass, to live it, and to desire it. In this area,
domestic catechesis within the family circle is of great importance. The second
important task consists in sufficiently preparing youth for the sacrament of
Penance and of approaching it with first Communion. For these tasks, parents are
primarily responsible; it is for them to propose the most opportune time for the
administration of first Communion to their children and they can ask for their
child’s admission earlier than might be typical to the Eucharist. The
responsibility of parents is especially grave in case of a child in sickness,
suffering from mental deficiency, or being in danger of death. Parents must
educate children so that they approach frequently, with maturity and benefit,
the fruits of the Eucharist.
[p. 135] It is the obligation
of parents to prepare children to make good use of the Mass and to assist them
to approach worthily the table of the Lord. There is need in particular to have
regard for difficult situations of those who conduct the education of their
child alone or who cannot rely on the assistance of the other parent for the
religious education of the child. In such cases ecclesiastical help must be
offered, which must be arranged by pastors of souls and Christian families so
that internal problems do not appear. There is great value in the education for
Eucharistic life to be had in the example of parents and their collaboration
with pastors. from
Italian, enp, II.04
Footnotes for Sztychmiler, The Obligation of
parents [1] 1983 CIC 225 § 1. The
obligation is more binding on those Christian faithful who, in concrete
circumstances, are the only way others with whom they live can come to know
the Gospel. See Il nuovo Codice di
Diritto Canonico. Novità, motivazione e significato, Roma, 1983 pp.
108-112. [2]
1983 CIC 217. See E. Corecco, Sussidi
per il corso di diritto canonico, Milano, 1984, pp. 237-238; M.
Kaiser, “Die rechtliche Grundstellung der Christgläubigen”, in Handbuch des katholischen Kirchenrechts, Regensburg, 1983, p.
177. [3]
1983 CIC 226 § 2. O. Stoffel, “Das Recht der Laien in der Kirche nach dem
neuen Codex”, in Das neue
Kirchenrecht, Zürich, 1984, pp. 68-69; M.Kaiser, “Die Laien”, in
Handbuch des katholischen
Kirchenrechts, Regensburg, 1983, p. 188. [4]
1983 CIC 1136 & 793 § 1. See Il
diritto nel mistero della Chiesa, Roma, 1980, III, p. 27; J.
Syryjczyk, “Troska Kosciola o katolickie wychowanie dzieci w kanonicznym
prawie karnym”, Prawo Kanoniczne 30/3-4 (1987) pp. 204-296,
[hereafter, Syryjczyk, “Troska”]. [5]
1983 CIC 1366. Syryjczyk, “Troska”, pp. 206-208 & 219-229. [6]
Congregation for Divine Worship, Directory for Masses with Children, Rome,
1973, nos. 1 & 9-10. [7]
The Polish episcopal conference has issued particular norms on this matter,
showing the responsibilities of the Christian family “in the education of
children toward a fruitful and voluntary participation in Mass.” Polish
bishops recommend that pastors collaborate so that children assist at Mass
together with their parents. The bishops prefer Masses for families over
those solely for children. See “Zalecenia duszpasterskie Episkopatu Polski
w zwiazku z Dyrektorium o Mszach sw. z udzialem dzieci” in Ruch Biblijny i
Liturgiczny, 30 (1977) pp. 87-88. [8]
Cf. E. Gruber, Arbeitshilfen für die
Glaubensunterweisung im 1. und 2. Schuljar, Müchen, 1971, p. 5; H. König,
Wie helfen wir unseren Kindern zum
Glauben? Elternhilfe für die Vorbereitung auf die Feier der Eucharistie,
Düsseldorf, s.d., pp. 44-45, [hereafter, König]; I. Meith, Katechese
in der Küche. Kinderfragen verlangen Anwtwort, Mainz, 1917, pp.
96-108. [9]
Cf. Vatican II, The Constitution on the Sacred Liturgy, nos. 35-52; Reply of
the Pontifical Commission for the Authentic Interpretation of the Code of
Canon Law, AAS 79 (1987) 1249; F. J. Urrutia, “Responsa Pontificiae
Commissionis CIC Authentice interpretando”, in Periodica 77 (1988)
613-624; J. A. Fuentes Alonso, “La función de enseñar”, in Manual
de Derecho Canónico, Pamplona, 1988, p. 388; W. Góralski,
“Pozycja prawna osób swieckich w Kosciele wedlug nowego Kodeksu
Prawa Kanonicznego”, in Prawo Kanoniczne 28 (1985) 56-57; [10]
E. Gruber, Arbeitshilfen für die
Vorbereitung der Erstbeichte, München, 1970, pp. 104-105; Id, Arbeitschilfen für die Vorbereitung der Erstkommunion, München
1971, pp. 23-24; “Instrumentum laboris” zur Bischofssynode 1987, in Verlautbarungen
des Apostolischen Stuhl, n. 78, Bonn, 1987, nos. 65 & 72. [11]
See: P. Hemperek, “Uswiecajace zadanie Kosciola”, in Komentarz
do Kodeksu Prawa Kanonicznego, Lublin, 1986, vol. III, pp. 121-122;
A. Mayer, “Die Eucharistie”, in Handbuch
des katholischen Kirchenrechts, Regensburg, 1983, p. 681. [12]
Here there are different approaches proposed: H. König, 47; E. Gruber,
Arbeitshilfen für die Vorbereitung der Erstbeiche, ibid. But Catholic
teaching is clear: Cf. Congregation for Clergy, Directorium catechisticum
generale, 11 April 1971, in AAS 64 (1972) pp. 151-170; Letter of
Cardinal J. Ratzinger on first confession and first Communion of youth, in Notitiae
13 (1977) pp. 603-608; Il diritto nel
mistero della Chiesa, pp. 115-116. [13]
Cf. E. Gruber, Arbeitschilfen für die
Vorbereitung der Erstkommunion, cit., p.
34. [14]
Cf. P. Hemperek, op. cit., p. 121; E. Sztafrowski, Podrecznik
prawa kanonicznego, III, Waszawa, 1986, p. 192 A similar possibility
was provided for in the statues of Polish bishops following the Council.
Parents who requested the advanced admission of their children to Communion
were to meet conditions relatively easy to fulfill. They were to be
distinguished by deep faith, guarantee adequate moral and religious
education for the children, and take care for their Eucharistic life. Cf. Statuty
II Synodu Gdanskiego, Gdansk- Oliwa, 1976, pp. 47-48; Wiara
modlitiwa I zycie w Kosciele Katowickim. Uchwaly I Synodu Diecezji
Katowickiej, Katowice-Rzym, 1976, p. 59. [15] 1983 CIC 774 § 2. See
also Il diritto nel ministero della
Chiesa, cit, pp. 19-20. [16]
Zalecenia duszpasterskie Episkopatu polski, cit ,pp. 87-88; König, p. 64. [17]
See 1983 CIC 11, & 1247-1248; see also Il
diritto nel ministero della Chiesa, cit., p. 115. ------------------------------------------------------------------------------------------------------------------ Translation
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