TRACTATE II: On Laws

109, 5º is confirmed by can. 8 § 1, by which also n. 137 is confirmed. - 138 can. 197. - 139 can. 218 § 1. - 140 can. 7 and can. 244 §§ 1-2, from which it is also clear that Decrees of the S. R. C., in order to obtain the force of law, need the approbation of the Supreme Pontiff. The exception as regards comprehensive declarations is confirmed by can. 17 § 2. The competence of the Sacred Congregations is described in can. 247-257. From can. 241, while the Apostolic See is vacant, the Sacred College of Cardinals and the Roman Curia have no other power than that which is defined in the constitution of Pius X Vacante Sede Apostolica, i.e., only the ordinary faculties remain, and they cannot use them in

cases of graver moment except by commission of the Sacred College. As regards those things which, while the See is full, they cannot expedite except after having had word with the Most Holy One or by force of special faculties granted by the Roman Pontiff, they have no power. - 141 is confirmed by can. 329 § 1 and 334, but especially by can. 335. From these and from can. 362 it is clear that those things which the author has under note 2º can no longer be sustained; therefore it must be said that a bishop enjoys truly legislative power by law, even outside a Synod and without the Chapter having been heard. See also can. 427 and 423, according to which, in places where there is not yet a Cathedral Chapter, diocesan consultors are to be instituted. Note 3º is confirmed by can. 271 and 274 n. 8; Note 4º can. 335 § 1, but from can. 2221 it is clear that they can fortify common laws with a sanction. - 142 is confirmed by can. 228 § 1 and 291; Note 1º can. 222 § 1; 2º can. 291. - 143 can. 431 § 5 and 435. - 144 can. 198 § 1, 323 § 1 and 294. As regards pastors, it is confirmed by can. 83. - 145-146 These henceforth pertain to the history of canon law, because after the day of Pentecost of the year 1918 nothing any longer is in force except the Code of Canon Law of Benedict XV. - 147 sqq.: concerning civil power, discourse is made in the Code only indirectly, e.g., § 2 can. 1553.

156 is confirmed by can. 8 § 1. - 159 1º can. 335. - 160 2º can. 9; Qu. 2 is solved from the same can. 9: "they exert their force only after three months have been completed from the day which is affixed to the number of the Acta (Ap. Sedis)." - 164 is confirmed in some measure by can. 30. - 165 can. 336 § 1. - 167 1º can. 17 § 2. - 168 can. 17 § 1. - 169 can. 17 §§ 2 and 3; 4º must be corrected, because even a restrictive explanation needs promulgation from can. 17 § 2; Note 2º the S. Congr. of Rites now enjoys no special power from can. 244 §§ 1-2; 3º as regards the S. Congr. of the Council, in can. 250 nothing further is said concerning the exclusive right of interpreting the Council of Trent. - 170 is confirmed by can. 29. - 171 III The rules of interpretation are had in can. 18, 19. In this matter, according to can. 18, first attention is to be paid to the proper signification of the words from the text and context; if this has remained doubtful, recourse is to be had to parallel places of the Code, to the end and circumstances of the law, and to the mind of the legislator. To 3º of the author: what is odious, what favorable, is discerned from can. 19 and 50. - 172 is confirmed in some measure by can. 20.

185, 187, 188 are confirmed by can. 11, 15 and can. 1679-1683. - 192 can. 21. - 194 can. 12. - 195 II can. 12 and 854 (853), can. 906. III can. 12, can. 2230. The impubescent are no longer punished by the censures which are had in the Note, from can. 2230, and because mention of them is lacking in can. 2342 n. 1. From can. 12 the question is solved, so that children, even those having the use of reason, before the seventh year are not held by laws, unless something else is expressly provided by law. - 196 is confirmed by can. 2201 §§ 3-4 and can. 2229 § 3 n. 2. - 197 can. 12. - 198 can. 12, 13 § 1, 87, 2314 and 1254, according to which all are bound by the laws of abstinence and fast, therefore even heretics, of themselves. - 199 is confirmed by can. 616. See also can. 619, 620, 621. As regards feast days cf. can. 1244 § 2 and 1245 § 3. - 200-201 are confirmed by can. 120, 121, 122 as regards personal immunity; can. 1172-1178 as regards local immunity a), and can. 1179 as regards the same b). Concerning real immunity discourse is not made in the Code. - 203 I is confirmed by can. 91, except that an inhabitant is he who has domicile in a place, a stranger he who has quasi-domicile in a place; - II The notion of domicile has been changed from this, that henceforth diocesan domicile can be had from can. 92 § 1 and 3. That it may be lost is confirmed by can. 95. The Note is confirmed by can. 93 § 1. Observe, however, that a wife legitimately separated from her husband, from § 2, can acquire a domicile; - III is confirmed by can. 92 § 2; "habitation" is to be understood in the sense of "commoration." Note 1º is confirmed by can. 1097 § 1 n. 2; 2º the question about two quasi-domiciles seems solved from can. 95, and from can. 93 § 1 it is clear that children acquire only the domicile

of their parents. - 204 is confirmed by can. 13 § 1, 14 § 1 n. 2 and 3, and 14 § 2. - 205 Strangers according to the sense of the Code are those who obtain quasi-domicile, and these are held by general and particular laws from can. 13 §§ 1-2; therefore the things which the author has are confirmed. - 206 is confirmed as regards pilgrims; but as regards wanderers it must be changed: from can. 14 § 2 "wanderers are obliged by both general and particular laws which are in force in the place in which they are." - 208 is confirmed by can. 24. - 213 as regards the paschal precept, can. 859 §§ 1 and 4.

219 is confirmed implicitly by can. 16 and 2202 § 1. - 220 is confirmed by can. 2202 § 2. Exc. 2º can. 2229 §§ 1, 2, 3 n. 1, and § 4. - 222 can. 2205 § 1. - 226 From can. 900 § 3: "Reservation lacks all force outside the territory of the one reserving, even if the penitent has departed from it only in order to obtain absolution." - 227, 229, 230 are confirmed by can. 80. Quasi-ordinary, can. 81. Example, can. 1245 § 1. - 231 is confirmed by can. 81 and 82. - 232 can. 195 §§ 2-5. - 233 can. 207; let another reason of cessation be added: "when the final cause of delegation ceases." Faculties are not suspended by the death of the Bishop from can. 66 § 2, by which also the Note is confirmed; this also is confirmed by can. 73, 207 § 1 and can. 61. - 234 II Bishops and local Ordinaries from can. 82, also confirmed from can. 336 § 1, can. 291 § 2; but c) must be changed: in these laws Ordinaries cannot dispense from can. 82; 2º a) is confirmed by can. 15, also implicitly as regards other laws; b) it is given to them by law for feasts, abstinence and fast by can. 1245 §§ 1-3, for vows by can. 1313 n. 1. Concerning the divine office, as regards dispensation nothing is in the Code; c) is confirmed by can. 81. Note as regards Vicars General, from can. 66 § 2 the same faculties which belong to the Bishop belong to them, and from can. 368 § 2 they can execute Pontifical rescripts. III Pastors have nothing from can. 83, except as regards feasts, abstinences and fasts from can. 1245 § 1. - 235 as regards pilgrims, in can. 1245 the faculty of dispensing from fast, abstinence, and the celebration of feasts is expressly granted to local Ordinaries and pastors. - 236, 1º-2º subreption from can. 42 § 1 does not obstruct validity, provided those things have been expressed which, according to the style of the Curia, are to be expressed for validity; nor obreption from § 2, provided either the sole cause proposed, or from several proposed at least one motive cause, is true; nor from § 3, if several graces are granted by a rescript, does the defect of obreption or subreption in one part of the rescript invalidate another; 3º from can. 37 a rescript can be obtained for another, even besides (i.e., not against) his assent; and although he himself can not use the grace conceded by the rescript, nevertheless the rescript has force before his acceptance, unless something else appears from the opposed clauses. - 239 is confirmed by can. 84 § 1, 2º can. 85. Note. Do not extend can. 2238. - 240 can. 84 § 1. - 241 can. 84 § 2. - 242 can. 85 and 50; 2º Now then in note 1 is confirmed by can. 45. - 243 2º can. 74. - 245 I can. 86. - 246 II is confirmed by can. 60, 71; the Question is confirmed by can. 73, 86 and 61. - 247 is confirmed by can. 72, 86. - 248 is confirmed implicitly, as regards all laws, by can. 15.

249 For the division of privileges cf. can. 66 § 1, 74, 75, 79, 70. By can. 75 local privileges are added to the 2nd division. - 250 is confirmed by can. 63 § 1, but for religious institutes from can. 613 § 1 every communication in privileges has been taken away. See also can. 64 and 65. - 251 is confirmed by can. 69. - 252 can. 51. - 253 2º, can. 67, 68, 50. - 254 can. 70; 1º, can. 74, 75, 77; 2º, can. 72; 3º, can. 76; 5º, can. 71 and 60. - 258 can. 21. - 259-260 can. 22 and 23. - 262 can. 26; 7º, can. 28; 8º now 40 years are required from can. 27 § 1 and can. 28. - 263 is confirmed by can. 27 §§ 1 and 2, can. 28. - 264 can. 25; 2º can. 27 by the word "prescribed." - 266 1º the doctrine of the author is implicitly confirmed by can. 27 § 2; 2º by the same can. Examples, e.g., can. 1408. - 267 and 268 are confirmed by can. 30. See also can. 5 as regards customs hitherto in force.