APOSTOLIC CONSTITUTION
Sacrae Disciplinae Leges
To Our Venerable Brothers the Cardinals,
Archbishops, Bishops, Priests, Deacons and to the other members
of the People of God
JOHN PAUL BISHOP
Servant of the Servants of God
For an Everlasting Memorial
Over the course of time, the Catholic Church
has been wont to revise and renew the laws of its sacred
discipline so that, maintaining always fidelity to the Divine
Founder, these laws may be truly in accord with the salvific
mission entrusted to the Church. With this sole aim in view, we
today, 25 January 1983, bring to fulfilment the anticipation of
the whole Catholic world, and decree the publication of the
revised Code of Canon Law. In doing so, our thoughts turn back to
this same date in 1959, when our predecessor, John XXIII of happy
memory, first publicly announced his personal decision to reform
the current body of canonical laws which had been promulgated on
the feast of Pentecost 1917.
This decision to renew the Code was taken with
two others, of which that Pontiff spoke on the same day: they
concerned his desire to hold a synod of the diocese of Rome and
to convoke an Ecumenical Council. Even if the former does not
have much bearing on the reform of the Code, the latter on the
other hand, namely the Council, is of the greatest importance for
our theme and is closely linked with its substance.
If one asks why John XXIII had clearly
perceived the need to reform the current Code, perhaps the answer
is found in the 1917 Code itself. There is however another
reason, the principal one, namely that the reform of the Code of
Canon Law was seen to be directly sought and requested by the
Council itself, which had particularly concentrated its attention
upon the Church.
As is quite clear, when the first announcement
of the revision of the Code was made, the Council was something
totally in the future. Moreover, the acts of its teaching
authority, and particularly its teaching on the Church, were to
be developed over the years 196265. Nevertheless, one cannot
fail to see that John XXIII's insight was most accurate, and his
proposal must rightly be acknowledged as one which looked well
ahead to the good of the Church.
Therefore, the new Code which appears today
necessarily required the prior work of the Council and, although
it was announced together with that ecumenical gathering, it
follows it in order of time, since the tasks needed for its
preparation could not begin until the Council had ended.
Turning our thoughts today to the beginning of
that long journey, that is to 25 January 1959 and to John XXIII
himself, the originator of the review of the Code, we must
acknowledge that this Code drew its origin from one and the same
intention, namely the renewal of christian life. All the work of
the Council drew its norms and its shape principally from that
same intention.
If we now turn our attention to the nature of
the labors which preceded the promulgation of the Code and to
the manner in which they were performed, especially during the
Pontificates of Paul VI, John Paul I. and then up to this present
day, it is vital to make quite clear that these labors were
brought to their conclusion in an eminently collegial spirit.
This not only relates to the external composition of the work,
but it affects also the very substance of the laws which have
been drawn up.
This mark of collegiality by which the process
of this Code's origin was prominently characterised, is entirely
in harmony with the teaching authority and the nature of the
Second Vatican Council. The Code therefore, not only because of
its content but because also of its origin, demonstrates the
spirit of this Council in whose documents the Church, the
universal sacrament of salvation (cf Const. Lumen Gentium, n.
9, 48) is presented as the People of God, and its hierarchical
constitution is shown as founded on the College of Bishops
together with its Head.
For this reason therefore, the Bishops and
Episcopal Conferences were invited to associate themselves with
the work of preparing the new Code, so that through a task of
such length, in as collegial a manner as possible, little by
little the juridical formulae would come to maturity and would
then serve the whole Church. During the whole period of this
task, experts also took part, people endowed with particular
academic standing in the areas of theology, history and
especially canon law, drawn from all parts of the world.
To each and every one of them we express our
deepest gratitude today.
We recall, first of all, those Cardinals, now
deceased, who headed the preparatory Commission, Cardinal Pietro
Ciriaci who began the work, and Cardinal Pericles Felici who over
a period of several years guided the labors almost to their
goal. We think then of the Secretaries of this Commission,
Monsignor, later Cardinal, Giacomo Violardo and Father Raimondo
Bidagor SJ, both of whom lavished their talents of learning and
wisdom on their role. Together with them, we recall the
Cardinals, Archbishops and Bishops, and all who were members of
this Commission as well as the Consultors of the individual study
groups engaged over these years in that strenuous task. God has
called these to their eternal reward in the meantime. For all of
them our suppliant prayer is raised to God.
With pleasure we also refer to the living: in
the first place, to the present ProPresident of the Commission,
our venerable brother Rosalio Castillo Lara, who has worked so
outstandingly for so long in a role of such responsibility. Next,
we refer to our beloved son, Monsignor William Onclin, who has
contributed to the successful outcome of the task with assiduous
and diligent care. Then there are others who played an
inestimable part in this Commission, in developing and completing
a task of such volume and complexity, whether as Cardinal
members, or as officials, consultors and collaborators in the
various study groups or in other roles.
In promulgating this Code today, therefore, we
are fully conscious that this act stems from our pontifical
authority itself, and so assumes a primatial nature. Yet we are
no less aware that in its content this Code reflects the
collegial solicitude for the Church of all our brothers in the
episcopate. Indeed, by a certain analogy with the Council itself,
the Code must be viewed as the fruit of collegial cooperation,
which derives from the combined energies of experienced people
and institutions throughout the whole Church.
A second question arises: what is the Code? For
an accurate answer to this question, it is necessary to remind
ourselves of that distant heritage of law contained in the books
of the Old and New Testaments. It is from this, as from its first
source, that the whole juridical and legislative tradition of the
Church derives.
For Christ the Lord in no way abolished the
bountiful heritage of the law and the prophets which grew little
by little from the history and experience of the People of God in
the Old Testament. Rather he fulfilled it (cf Matt.5,17), so that
it could, in a new and more sublime way, lead to the heritage of
the New Testament. Accordingly, although St Paul in expounding
the mystery of salvation teaches that justification is not
obtained through the works of the law but through faith (cf
Rom.3,28; Gal.2,16), nonetheless he does not exclude the binding
force of the Decalogue (cf Rom.13,810; Gal.5,1325; 6, 2), nor
does he deny the importance of discipline in the Church (cf 1
Cor.5 and 6). Thus the writings of the New Testament allow us to
perceive more clearly the great importance of this discipline and
to understand better the bonds which link it ever more closely
with the salvific character of the Gospel message.
Granted this, it is sufficiently clear that the
purpose of the Code is not in any way to replace faith, grace,
charisms and above all charity in the life of the Church or of
Christ's faithful. On the contrary, the Code rather looks towards
the achievement of order in the ecclesial society, such that
while attributing a primacy to love, grace and the charisms, it
facilitates at the same time an orderly development in the life
both of the ecclesial society and of the individual persons who
belong to it.
As the Church's fundamental legislative
document, and because it is based on the juridical and
legislative heritage of revelation and tradition the Code must be
regarded as the essential instrument for the preservation of
right order, both in individual and social life and in the
Church's zeal. Therefore, over and above the fundamental elements
of the hierarchical and organic structure of the Church
established by the Divine Founder based on apostolic or other no
less ancient tradition, and besides the principal norms which
concern the exercise of the threefold office entrusted to the
Church, it is necessary for the Code to define also certain rules
and norms of action.
The instrument, such as the Code is, fully
accords with the nature of the Church, particularly as presented
in the authentic teaching of the Second Vatican Council seen as a
whole, and especially in its ecclesiological doctrine. In fact,
in a certain sense, this new Code can be viewed as a great effort
to translate the conciliar ecclesiological teaching into
canonical terms. If it is impossible perfectly to transpose the
image of the Church described by conciliar doctrine into
canonical language, nevertheless the Code must always be related
to that image as to its primary pattern, whose outlines, given
its nature, the Code must express as far as is possible.
Hence flow certain fundamental principles by
which the whole of the new Code is governed, within the limits of
its proper subject and of its expression, which must reflect that
subject. Indeed it is possible to assert that from this derives
that characteristic whereby the Code is regarded as a complement
to the authentic teaching proposed by the Second Vatican Council
and particularly to its Dogmatic and Pastoral Constitutions.
From this it follows that the fundamental basis
of the 'newness' which, while never straying from the Church's
legislative tradition, is found in the Second Vatican Council and
especially in its ecclesiological teaching, generates also the
mark of 'newness' in the new Code.
Foremost among the elements which express the
true and authentic image of the Church are: the teaching whereby
the Church is presented as the People of God (cf Const. Lumen
Gentium, n. 2) and its hierarchical authority as service
(ibid n. 3); the further teaching which portrays the Church as a
communion and then spells out the mutual relationships which must
intervene between the particular and the universal Church, and
between collegiality and primacy; likewise, the teaching by which
all members of the People of God share, each in their own
measure, in the threefold priestly, prophetic and kingly office
of Christ, with which teaching is associated also that which
looks to the duties and rights of Christ's faithful and
specifically the laity; and lastly the assiduity which the Church
must devote to ecumenism.
If, therefore, the Second Vatican Council drew
old and new from the treasury of tradition, and if its newness is
contained in these and other elements, it is abundantly clear
that the Code receives into itself the same mark of fidelity in
newness and newness in fidelity, and that its specific content
and corresponding form of expression is in conformity with this
aim.
The new Code of Canon Law is published
precisely at a time when the Bishops of the whole Church are not
only asking for its promulgation but indeed are insistently and
vehemently demanding it.
And in fact a Code of Canon Law is absolutely
necessary for the Church. Since the Church is established in the
form of a social and visible unit, it needs rules, so that its
hierarchical and organic structure may be visible; that its
exercise of the functions divinely entrusted to it, particularly
of sacred power and of the administration of the sacraments, is
properly ordered; that the mutual relationships of Christ's
faithful are reconciled in justice based on charity, with the
rights of each safeguarded and defined; and lastly, that the
common initiatives which are undertaken so that christian life
may be ever more perfectly carried out, are supported
strengthened and promoted by canonical laws.
Finally, canonical laws by their very nature
demand observance. For this reason, the greatest care has been
taken that during the long preparation of the Code there should
be an accurate expression of the norms and that they should
depend upon a sound juridical, canonical and theological
foundation.
In view of all this, it is very much to be
hoped that the new canonical legislation will be an effective
instrument by the help of which the Church will be able to
perfect itself in the spirit of the Second Vatican Council, and
show itself ever more equal to carry out its salvific role in the
world.
It is pleasing to set out these reflections of
ours in a trusting spirit as we promulgate this principal body of
ecclesiastical laws for the latin Church.
May God grant that joy and peace, with justice
and obedience, may commend this Code, and that what is bidden by
the head will be obeyed in the body.
Relying, therefore, on the help of divine
grace, supported by the authority of the Blessed Apostles Peter
and Paul, with certain knowledge and assenting to the pleas of
the Bishops of the whole world who have labored with us in
collegial good will, by the supreme authority which is ours, and
by means of this Constitution of ours which is to have effect for
the future, we promulgate this present Code as it has been
compiled and reviewed. We order that henceforth it is to have the
force of law for the whole latin Church, and we commit its
observance to the care and vigilance of all who are responsible.
In order, however, that all may properly investigate these
prescriptions and intelligently come to know them before they
take effect, we decree and command that they shall come into
force from the first day of Advent of the year 1983, all
ordinances, constitutions and privileges, even those meriting
special and individual mention, as well as contrary customs,
notwithstanding.
We, therefore, exhort all our beloved children
to observe, with sincere mind and ready will, the precepts laid
down, buoyed up by the hope that a zealous Church discipline will
flourish anew, and that from it the salvation of souls also will
be ever more fervently promoted, with the assistance of the
Blessed Virgin Mary, Mother of the Church.
Given at Rome, in the Vatican, on the 25th day
of January 1983, in the fifth year of our Pontificate.
JOHN PAUL II