Jurisprudence of Catholic canon law

This article is about the jurisprudence of Catholic canon law. For an overview of the history and system of Catholic canon law, see Canon law (Catholic Church).

The jurisprudence of canon law is the complex of legal theory, traditions, and interpretative principles, and fundamental theory (philosophy and theology) of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. In the Oriental canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.

Sources of law

The primary canonical sources of law are the 1983 Code of Canon Law, the Code of Canons of the Eastern Churches, and Pastor Bonus. In the apostolic constitution Sacri Canones, by means of which he promulgated the Code of Canons of the Eastern Churches, Pope St. John Paul II stated

By the publication of this Code, the canonical ordering of the whole Church is thus at length completed, following as it does...the "Apostolic Constitution on the Roman Curia" of 1988, which is added to both Codes as the primary instrument of the Roman Pontiff for 'the communion that binds together, as it were, the whole Church'

Other sources include apostolic constitutions, motibus propriis, and particular law.

Custom

Main article: Custom (canon law)

Custom in Catholic canon law is the repeated and constant performance of certain acts for a defined period of time, which, with the approval of the competent legislator, thereby acquire the force of law.A custom is an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator.

Custom may be considered as a fact and as a law. As a fact, it is simply the frequent and free repetition of acts concerning the same thing; as a law, it is the result and consequence of that fact. Hence its name, which is derived from consuesco or consuefacio and denotes the frequency of the action. (Cap. Consuetudo v, Dist. I.)

In order for custom to become a source of law, it must be approved by the competent legislator. Custom in canon law is not simply created by the people through their constant performance of a certain act, but it is the constant performance of a certain act, with the intention of making a custom, which is approved by the competent legislator, thereby acquiring the force of law. This is because of the Catholic ecclesiological teaching on the constitution of the Catholic Church, which states that Christ constituted the Church by divine delegation of power to the hierarchical authorities; the Church was not created by the consent of the governed, but by the direct will of Christ.

Translation of Latin originals

In general, the Holy See does not give its assent to translations of the Latin originals (so-called "'authentic' translations".); the Holy See is content to publish the Latin alone, as Latin is the official language of canon law.

Lex and jus

See also: Translating "law" to other European languages

Canon law incorporates two main terms that are translated in English as "law": lex and jus (or ius). Various canonical texts use one or both of the terms in varying contexts.

Jus

In the Canon Law of the Catholic Church, ius refers to custom, practice or "Tradition." The early law of the Church, especially prior to the First Council of Nicaea in 325 a.d., was largely unwritten, at least in the form of law, but existed in the practices, customs and teachings of the early Christian community. What largely was communicated generation to generation was an oral tradition passed from the apostles to the Bishops, and from Bishops and priests to the faithful through their preaching and way of life. Some of what is included in the term ius would be interpretations of particular scriptural passages, theological understandings of the liturgy and liturgical practices themselves. Evidence for the content of this oral tradition of teaching is found among the writings of the Early Church Fathers as well as in the later legislation of the Church or lex.

Ius is typically understood in contradistinction to lex. The Early Church, which existed more or less under persecution in the Roman Empire prior to Constantine I in the early fourth century, was not in a position to gather large councils for the purpose of legislation or theological clarification prior to 325 a. d. Laws formalized as lex after 325 a.d. are sometimes falsely interpreted as having a "new" content. This is usually not the case. Most Church legislation is either a development of prior teaching, or practice or re-affirmation of teaching or practice unless otherwise expressly stated.

Lex

Lex is Latin for one sense of the English term, law. In the Canon Law of the Catholic Church, lex refers to law which has been formulated in written form and promulgated by competent authority. While this is the usual sense of "law" in modern legal systems, the legal system of the Catholic Church includes another form of law, ius, which refers to the oral teachings, practices, customs, theological understandings of liturgy and liturgical practices generally prior to the Council of Nicea in 325 a.d., when written legislation became the normative means of communicating Church law.

"Lex" takes several forms:

• Decrees or canons of ecumenical councils.
• Decrees or canons of regional Church councils or synods (regionally binding)
• Decrees (or decretals) of the Pope.
• Canon Law (binding either universally or by rite)

It is important to understand that much of Church legislation (unless otherwise stated) is either a development of earlier law or a restatement of earlier law, particularly law contained in the oral tradition from apostolic teaching, or ius.

Principles of law

Dispensation

Main article: Dispensation (canon law)

In the canon law of the Roman Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases. Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases. Since laws aimed at the good of the entire community may not be suitable for certain cases or persons, the legislator has the right (sometimes even the duty) to dispense from the law. Dispensation is not a permanent power or a special right as in privilege. If the reason for the dispensation ceases entirely, then the dispensation also ceases entirely. If the immediate basis for the right is withdrawn, then the right ceases.

The Pope cannot dispense from impediments founded on Divine law — except, as above described, in the case of vows, espousals and non-consummated marriages, or valid and consummated marriage of neophytes before baptism. In doubtful cases, however, he may decide authoritatively as to the objective value of the doubt. In respect of impediments arising from ecclesiastical law the pope has full dispensing power. Every such dispensation granted by him is valid, and when he acts from a sufficient motive it is also licit.

There must be a "just and reasonable cause" for granting a dispensation. The judgement regarding what is "just and reasonable" is made based upon the particular situation and the importance of the law to be dispensed from. If the cause is not "just and reasonable" then the dispensation is illegal and, if issued by someone other than the lawgiver of the law in question or his superior, it is also invalid. If it is uncertain as to whether a sufficiently "just and reasonable cause" exists, the dispensation is both legal and valid.

In canonical jurisprudence, the dispensing power is the corollary of the legislative. In the decretal Proposuit, Innocent III proclaimed that the pope could, if circumstances demanded, dispense from canon law, de jure, with his plenitude of power. He based his view on princeps legibus solutus est (the prince is not bound by the laws). Because the pope was above the law, time or precedent did not limit his power, and he could dispense with any law.

Such a dispensation was not, strictly speaking, legislative, but rather a judicial, quasi-judicial or executive act. It was also, of course, subject to the proviso that his jurisdiction to dispense with laws was limited to those laws which were within his jurisdiction or competence. By this power of dispensation, the pope could release clergy and laity from the obligations of the canon law in all cases that were not contrary to ius divinum, except in the case of vows, espousals and marriages ratum sed non consummatum, or valid and consummated marriages of neophytes before baptism.

There are several levels of authority in the Church that are competent to dispense the various demands of Canon Law. The power of dispensing lies with the original lawgiver, with his successors or with his superiors, and with those persons to whom they have delegated this right. Since there is no superior above the pope, he can therefore dispense from all canonical laws: universal laws introduced by himself, his predecessors or general councils, and particular laws enacted by plenary and provincial councils, bishops and similar prelates. As a general rule the pope delegates his powers to the various congregations of the Roman Curia which are charged with granting dispensations in matters within the sphere of their competence.

Matrimonial dispensation

See also: Ratum sed non consummatum

A matrimonial dispensation is the relaxation in a particular case of an impediment prohibiting or annulling a marriage. Matrimonial dispensations can be either to allow a marriage in the first place, or to dissolve one. It may be granted: (a) in favour of a contemplated marriage or to legitimize one already contracted; (b) in secret cases, or in public cases, or in both; (c) in foro interno only, or in foro externo (the latter includes also the former). Power of dispensing in foro interno is not always restricted to secret cases (casus occulti). These expressions are by no means identical. When a matrimonial impediment is common to both parties the bishop, in dispensing his own subject, dispenses also the other.

By virtue of his power of jurisdiction, a bishop can dispense from those prohibent impediments of ecclesiastical law which are not reserved to the pope, and even from such reserved impediments under certain conditions. He may also, under certain conditions, dispense from diriment impediments.

Particular indults of dispensation

When there is occasion to procure a dispensation that exceeds the powers of the ordinary, or when there are special reasons for direct recourse to the Holy See, procedure is by way of supplica (petition) and private rescript. The supplica need not necessarily be drawn up by the petitioner, nor even at his instance; it does not, however, become valid until he accepts it. Although, since the Constitution "Sapienti", all the faithful may have direct recourse to the Roman Congregations, the supplica is usually forwarded through the ordinary (of the person's birthplace or domicile, or since the Decree "Ne temere" the residence of one of the petitioners), who transmits it to the proper Congregation either by letter or through his accredited agent; but if there is question of sacramental secrecy, it is sent directly to the Penitentiaria, or handed to the bishop's agent under a sealed cover for transmission to the Penitentiaria. The supplica ought to give the names (family and Christian) of the petitioners (except in secret cases forwarded to the Penitentiaria), the name of the Ordinary forwarding it, or the name of the priest to whom, in secret cases, the rescript must be sent; the age of the parties, especially in dispensations affecting consanguinity and affinity; their religion, at 1east when one of them is not a Catholic; the nature, degree and number of all impediments (if recourse is had to the Congregatio de Disciplinâ Sacramentorum or to the Holy Office in a public impediment, and to the Penitentiaria at the same time in a secret one, it is necessary that the latter should know of the public impediment and that recourse has been had to the competent Congregation). The supplica must also contain the causes set forth for granting the dispensation and other circumstances specified in the Propaganda Fide Instruction of 9 May 1877 (it is no longer necessary, either for the validity or liceity of the dispensation, to observe the paragraph relating to incestuous intercourse, even when probably this very thing had been alleged as the only reason for granting the dispensation). When there is question of consanguinity in the second degree bordering on the first, the supplica ought to be written by the bishop's own hand. He ought also to sign the declaration of poverty made by the petitioners when the dispensation is sought from the Penitentiaria in formâ pauperum; when he is in any way hindered from so doing he is bound to commission a priest to sign it in his name. A false declaration of poverty henceforth does not invalidate a dispensation in any case; but the authors of the false statement are bound in conscience to reimburse any amount unduly withheld (regulation for the Roman Curia of 12 June 1908). For further information on the many points already briefly described see the special canonical works, wherein are found all necessary directions as to what must be expressed so as to avoid nullity. When a supplica is affected (in a material point) by obreption or subreption it becomes necessary to ask for a so-called "reformatory decree" in case the favour asked has not yet been granted by the Curia, or for the letters known as "Perinde ac valere" if the favour has already been granted. If after all this a further material error is discovered, letters known as "Perinde ac valere super perinde ac valere" must be applied for. See Gasparri, "Tractatus de matrimonio" (2nd ed., Rome, 1892), I, no. 362.

Dispensation rescripts are generally drawn up in formâ commissâ mixtâ, i. e. they are entrusted to an executor who is thereby obliged to proceed to their execution, if he finds that the reasons are as alleged (si vera sint exposita). Canonists are divided as to whether rescripts in formâ commissâ mixtâ contain a favour granted from the moment of their being sent off, or to be granted when the execution actually takes place. Gasparri holds it as received practice that it suffices if the reasons alleged be actually true at the moment when the petition is presented. It is certain, however, that the executor required by Penitentiaria rescripts may safely fulfil his mission even if the pope should die before he had begun to execute it. The executor named for public impediments is usually the ordinary who forwards the supplica and for secret impediments an approved confessor chosen by the petitioner. Except when specially authorized, the person delegated cannot validly execute a dispensation before he has seen the original of the rescript. Therein it is usually prescribed that the reasons given by the petitioners must be verified. This verification, usually no longer a condition for valid execution, can be made, in the case of public impediments, extrajudicially or by subdelegation. In foro interno it can be made by the confessor in the very act of hearing the confessions of the parties. Should the inquiry disclose no substantial error, the executor proclaims the dispensation, i. e. he makes known, usually in writing, especially if he acts in foro externo, the decree which dispenses the petitioners; if the rescript authorizes him, he also legitimizes the children. Although the executor may subdelegate the preparatory acts, he may not, unless the rescript expressly says so, subdelegate the actual execution of the decree, unless he subdelegates to another ordinary. When the impediment is common to, and known to, both parties, execution ought to be made for both; wherefore, in a case in foro interno, the confessor of one of the parties hands over the rescript, after he has executed it, to the confessor of the other. The executor ought to observe with care the clauses enumerated in the decree, as some of them constitute conditions sine quâ non for the validity of the dispensation. As a rule, these clauses affecting validity may be recognized by the conditional conjunction or adverb of exclusion with which they begin (e. g. dummodo, "provided that"; et non aliter, "not otherwise"), or by an ablative absolute. When, however, a clause only prescribes a thing already of obligation by law it has merely the force of a reminder. In this matter also it is well to pay attention to the stylus curiœ, i. e. the legal diction of the Roman Congregations and Tribunals, and to consult authors of repute.

Causes for granting dispensations

Among the sufficient causes for matrimonial dispensations we may distinguish canonical causes, i. e. classified and held as sufficient by the common law and canonical jurisprudence, and reasonable causes, i. e. not provided for nominally in the law, but deserving of equitable consideration in view of circumstances or particular cases. An Instruction issued by Propaganda Fide (9 May 1877) enumerated sixteen canonical causes. The "Formulary of the Dataria" (Rome, 1901) gave twenty-eight, which suffice, either alone or concurrently with others, and act as a norm for all sufficient causes; they are: smallness of place or places; smallness of place coupled with the fact that outside it a sufficient dowry cannot be had; lack of dowry; insufficiency of dowry for the bride; a larger dowry; an increase of dowry by one-third; cessation of family feuds; preservation of peace; conclusion of peace between princes or states; avoidance of lawsuits over an inheritance, a dowry or some important business transaction; the fact that a fiancée is an orphan or has the care of a family; the age of the fiancée over twenty-four; the difficulty of finding another partner, owing to the fewness of male acquaintance, or the difficulty the latter experience in coming to her home; the hope of safeguarding the faith of a Catholic relation; the danger of a denominationally mixed marriage; the hope of converting a non-Catholic party; the keeping of property in a family; the preservation of an illustrious or honourable family; the excellence and merits of the parties; defamation to be avoided, or scandal prevented; intercourse already having taken place between the petitioners, or rape; the danger of a civil marriage; of marriage before a Protestant minister revalidation of a marriage that was null and void; finally, all reasonable causes judged such in the opinion of the pope (e. g. the public good), or special reasonable causes actuating the petitioners and made known to the pope, i. e. motives which, owing to the social status of the petitioners, it is opportune should remain unexplained out of respect for their reputation. These various causes have been stated in their briefest terms. To reach their exact force, some acquaintance is necessary with the stylus curiœ and the pertinent works of reputable authors, always avoiding exaggerated formalism. This list of causes is by no means exhaustive; the Holy See, in granting a dispensation, will consider any weighty circumstances that render the dispensation really justifiable.

Bibliography

• Häring, Bernard, C.SS.R. The Law of Christ, Volume I: General Moral Theology (Westminster, Maryland: The Newman Press, 1961) tr. by Edwin G. Kaiser, C.PP.S.
• 1911 Encyclopædia Britannica "Dispensation". Encyclopædia Britannica (11th ed.). 1911.

Other sources

• David Chamber, Faculty Office Registers, 1534–1549: A Calendar of the First Two Registers of the Archbishop of Canterbury’s Faculty Office (Clarendon Press 1966)
• Sir Edward Coke, 4th Institutes of the Laws of England 337 (Garland Publg. 1979)
• Wilfrid Hooper, "The Court of Faculties", 25 English Historical Rev. 670 (1910)
• Noel Cox, Dispensations, "Privileges, and the Conferment of Graduate Status: With Special Reference to Lambeth Degrees", Journal of Law and Religion, 18(1), 249–274 (2002–2003)
• Gabriel Le Bras, Charles Lefebvre & Jacqueline Rambaud, "L’âge classique, 1140–1378: sources et théorie du droit" vol. 7, 487–532 (Sirey 1965)
• Francis Oakley, "Jacobean Political Theology: The Absolute and Ordinary Powers of the King", 29 J. of History of Ideas, 323 (1968)
• Kenneth Pennington, The Prince and the Law, 1200–1600: Sovereignty and Rights in the Western Legal Tradition (U. Cal. Press 1993)

Promulgation

Main article: Promulgation (canon law)

Promulgation is the act by which the legislator manifests to those subject to his jurisdiction the decision that he has made and makes known to them his intention to bind them to the observance of his law. Without having been promulgated, the canonical law in question has no legal effect, since promulgation is "an essential factor of legislation" and "an absolute condition for the effectiveness of a law". Philosophically it is a matter of dispute whether promulgation is of the essence of a law. It seems indisputable that the essential element of a law is the will of the legislator, but it is clear that the legislator should make known his will and intention in one way or another. This manifestation is the promulgation of the law, which is not necessarily distinct from the very elaboration of the law, provided that this takes place by external acts. Once promulgation takes place, a canonical law acquires its last "essential condition" and takes immediate effect, subject to the vacatio legis imposed by universal law, or by the particular legislator issuing a law (see section below). Promulgation is a "formal and fundamental element" of canon law. For the purposes of canonical jurisprudence, promulgation is equivalent to publication, although the promulgation of a law must not be confounded with its publication, the object of the first being to make known the will of the legislator, of the second to spread the knowledge of legislative enactments among subjects bound to observe them.

Vacatio legis

Main article: Vacatio legis

In principle, a law becomes binding from the time of its promulgation. But because there are often reasons that the immediate efficacy of a law would be detrimental to those upon whom it enjoins, the legislator often orders a delay—vacatio—in the law's applicability. In Latin canon law, the vacatio legis is three calendar months after promulgation for universal laws, and one calendar month after promulgation for particular laws, unless the law itself establishes a longer or shorter period of time.. The legislator of the law can stipulate a longer or shorter time of vacatio than that which is stipulated generally.

Valid but illicit

Main article: Valid but illicit

The term "valid but illicit" (or "valid but illegal") refers to an unauthorized celebration of a sacrament that nevertheless has effect. While validity is presumed whenever an act is placed "by a qualified person and includes those things which essentially constitute the act itself as well as the formalities and requirements imposed by law for the validity of the act", Roman Catholic canon law also lays down rules for lawful placing of the act.

Principles of legal interpretation

Main articles: Interpretation (canon law) and Regulæ Juris

See also: Delegata potestas non potest delegari

Canonists have formulated interpretive rules for the proper interpretation of canonical laws. An authentic interpretation is an official interpretation of a statute issued by the statute's legislator. An authentic interpretation has the force of law.

Authentic interpretation

Besides the Pope, who has plenary legislative power, there are several other legislative authorities in the Roman Catholic Church with varying degrees of particular legislative power. Primary examples are diocesan bishops and their equivalents, episcopal conferences, and particular councils. Any of these legislators can issue authentic interpretations of their laws and their predecessor's laws. Legislators also can entrust the power to authentically interpret their own laws to someone else. For the 1983 Code of Canon Law, the Code of Canons of the Eastern Churches, and other papal laws, the pope has delegated the authority to issue authentic interpretations to the Pontifical Council for Legislative Texts. The following table contains the authentic interpretations issued by that dicastery (with Pontifical approval).

Magisterial interpretation

When it is not possible for a law to be authentically interpreted, recourse must be had to what is called magisterial, or doctrinal, interpretation, for which rules of law have been formulated. The words of a law must be understood according to their usual signification, unless it is certain that the legislator intended them to be taken in another sense, or the rules of law dictate another interpretation. In all interpretations, however, the meaning of the words is to be preferred which favours equity rather than strict justice. The provisions of a previous statute are not presumed to be changed beyond the express meaning of the words of a new law. No words of a law are ever presumed to be superfluous. In interpreting a law the words must be considered in their context. When the words of a law are doubtful the presumption is in favour of the subjects, not of the lawgiver.

Derogation

Main article: Derogation

Derogation is the partial suppression of a law, as opposed to abrogation—total abolition of a law by explicit repeal—and obrogation—the partial or total modification or repeal of a law by the imposition of a later and contrary one. Derogation differs from dispensation in that it applies to the law, where dispensation applies to specific people affected by the law.

Obrogation

Main article: Obrogation

Obrogation is a term in the jurisprudence of canon law that refers to the enacting of a contrary law that is a revocation of a previous law. It may also be the partial cancellation or amendment of a law, decree, or legal regulation by the imposition of a newer one. Obrogation should not be confused with abrogation, which is the explicit repeal of a law, in whole or in part.

Computation of time

Main article: Computation of time

Months are computed according to the calendar from the date of publication. A "canonical month" (in contradistinction to a "calendar month") is a period of 30 days, while a "calendar month" is a continuous month. The vacatio legis is computed according to the calendar; for example, if a law is promulgated on 2 November, and the vacatio legis is 3 months, then the law takes effect on 2 February. So a universal law has a vacatio legis of approximately 90 days—3 months taken according to the calendar—while a particular law has a vacatio legis of approximately 30 days—1 month taken according to the calendar—unless specified to the contrary.

References

Bibliography

• Abbo, John A., and Jerome D. Hannan, The Sacred Canons: A Concise Presentation of the Current Disciplinary Norms of the Church, Volume I (Canons 1-869 [1917 CIC]) (St. Louis, MO: B. Herder Book Co., 1952).
• Code of Canons of the Eastern Churches, Latin-English Edition, New English Translation (Canon Law Society of America, 2001).
• 1983 Code of Canon Law. The IntraText Digital Library
• Canon L. Socy. Gr. Brit. & Ir., The Canon Law Letter and Spirit: A Practical Guide to the Code of Canon Law (Gerard Sheehy et al. eds., Liturgical Press 1995).
• Coriden, James A., Thomas J. Green, Donald E. Heintschel (editors). The Code of Canon Law: A Text and Commentary (New York: Paulist Press, 1985). Commissioned by the Canon Law Society of America.
• Della Rocca, Fernando. Manual of Canon Law (Milwaukee: The Bruce Publishing Company, 1959). Translated by the Rev. Anselm Thatcher, O.S.B.
• De Meester, A. Juris Canonici et Juris Canonico-Civilis Compendium: Nova Editio, Ad Normam Codicis Juris Canonici—Tomus Primus (Brugis: Societatis Sancti Augustini, 1921).
• Metz, René. What is Canon Law? (New York: Hawthorn Books, 1960). Translated from the French by Michael Derrick.
• Taylor, Fr. Justin. Canon Law in the Age of the Fathers (paper published in Jordan Hite, T.O.R., & Daniel J. Ward, O.S.B., "Readings, Cases, Materials in Canon Law: A Textbook for Ministerial Students, Revised Edition" (Collegeville, MN: The Liturgical Press, 1990).
•  This article incorporates text from a publication now in the public domain: Jules Besson (1913). "Dispensation". In Herbermann, Charles (ed.). Catholic Encyclopedia. New York: Robert Appleton Company.. I. Dispensations in General: SUAREZ, De legibus (Naples, 1882), Bk. VI, x sqq., and Opera Omnia (Paris, 1856), VI; PYRRHUS CORRADIUS, Praxis dispensationum apostolicarum (Venice, 1699); KONINGS-PUTZER, Commentarium in facultates apostolicas (New York, 1898), pt. I; the commentators on the Decretals, especially SCHMALZGRUEBER, Jus ecclesiasticum universale (Rome, 1843), Bk. I. tit. ii; WERNZ, Jus decretalium (Rome, 1905), I, tit. iv, 138; VON SCHERER, Handbuch des Kirchenrechts (Graz, 1898), I, 172; HINSCHIUS. System d. kath. Kirchenr. (Berlin, 1869), I. 744, 789; the moral theologies, under the treatise De legibus, particularly ST. ALPHONSUS LIGUORI, Theologia Moralis (Rome, 1905), I, iv, Dub. 4; D'ANNIBALE, Summula Theologiœ Moralis (Rome, 1908), I, tr. iii, 220; BALLERINI, Opus Morale (Prato, 1889), I, 363; OJETTI, Synopsis rerum moralium et juris pontificii (Rome, 1904), s. v. Dispensatio; THOMASSIN, Ancienne et nouvelle discipline de l'Eglise touchant les bénéfices (Paris, 1725), II, p. II, 1, 3, xxiv-xxix; STIEGLER, Dispensation, Dispensationwesen, und Dispensationsrecht in his Kirchenrecht (Mainz, 1901). I, and in Archiv f. kath. Kirchenr., LXXVII, 3; FIEBAG, De indole ac virtute dispensationum secundum principia jur. canonici (Breslau, 1867).
  II. Matrimonial Dispensations: PYRRHUS CORRADIUS, op. cit.; DE JUSTIS, De dispens. matrim. (Venice, 1769); GIOVINE, De dispens. matrim. (Naples, 1863); PLANCHARD, Dispenses matrim. (Angoulème, 1882); FEIJE, De imped. et dispens. matrim. (Louvain, 1885); ZITELLI, De dispens. matrim. (Rome, 1887); VAN DE BURGT, De dispens. matrim. (Bois-le-Duc, 1865); POMPEN, De dispens. et revalidatione matrim. (Amsterdam, 1897); ROUSSET, De sacramento matrimonii (Saint-Jean de Maurienne, 1895), IV, 231; KONINGS-PUTZER, Op. cit., 174 sqq., 376 sqq.; SANCHEZ, De s. matrimonii sacramento (Viterbo, 1739), Bk. VIII; GASPARRI, Tract. canonicus de matrimonio (Paris, 1892), I, iv, 186; MANSELLA, De imped. matrim. (Rome, 1881), 162; LEITNER, Lehrb. des kath. Eherechts (Paderborn, 1902), 401; SCHNITZER, Kath. Eherecht (Freiburg, 1898), 496; SANTILEITNER, Prœlectiones juris canonici (Ratisbon, 1899), IV, appendix I; WERNZ, Jus Decretalium (Rome, 1908), IV, tit. xxix FREISEN Geschichte des kanon. Eherechts bis zum Verfall der Glossenlitteratur (Tübingen, 1888), and in Archiv für kath. Kirchenr., LXXVII, 3 sqq., and LXXVIII, 91; ESMEIN, Le mariage en droit canonique (Paris, 1891), II, 315; ZHISMAN, Das Eherecht der orient. Kirche (Vienna, 1864), 190, 712.
•  This article incorporates text from a publication now in the public domain: A. Van Hove (1913). "Promulgation". In Herbermann, Charles (ed.). Catholic Encyclopedia. New York: Robert Appleton Company.ZACCARIA, De varis eccles. præsertim latinæ in promulgandis sacris constitutionibus disciplina in De rebus ad historiam atque antiquitates ecclesiæ pertinentibus dissertationes latinæ, II (Fulginia, 1781), xi; BOUIX, De principiis juris canonici (Paris, 1852), 196 sq.; BOUQUILLON, Theol. moral. fundamentalis (Brussels, 1890), 270 sq.; CREAGH, The Promulgation of Pontifical Law in Cath. Univ. Bull., XV (Washington, 1907), 23 sq.; SIMIER, La promulgation des lois ecclés. in Revue augustinienne, XV (Louvain, 1909), 154 sq.

[[Category:Jurisprudence of canon law|*]] [[Category:Canon law (Catholic Church)|*]]