THIS work is but a brief explanation of the fifth book of the Code, which contains the whole legislation now in force on ecclesiastical offences and penalties. The order followed is that of the Code itself, and the text of the law is adhered to as closely as possible. Some canons are passed over rapidly, as being of rarer application; a more thorough discussion is reserved for others which are more practical in English-speaking countries. The theory of delinquency, responsibility and imputability, formulated, for the first time, in a complete and explicit manllcr, by the legislator, at the beginning of this book, to serve as a foundation for the penal enactments which follow, cannot fail, although general and more abstract, to prove of interest not only to canonists but also to moralists and jurists. Of special importance for all, and chiefly for confessors, is that portion of the legislation which concerns censures. The Constitution Apostolicae Sedis cannot serve as our guide in this matter any longer. Several of the old censures have been abrogated; others have been modified and some new ones have been added. At the same time the extensive faculties formerly granted to our Bishops and subdelegated by them to priests for the absolution of reserved cases, were considerably restricted. As a consequence, in order to understand the extent of their powers, pastors and confessors will, henceforth, need a more detailed knowledge of the provisions of the common law. It is principally to help them in its acquisition that these pages have been written. The need and justification of punitive sanction are contained by direct implication in the correct concept of law itself. A system of law lacking such sanction would prove in practice ineffectual, defeating its own primary purpose of self-enforcement. The Code of the Church, spiritual withal in aim and content, is no exception to this principle. Ecclesiastical lawgivers must be armed with coercive as well as legislative and judiciary powers, for they govern and direct free, rational agents, whose complex nature responds not less promptly to threat and punishment than to the dictate of reason. Accordingly the Code of canon law has, like any civil code, its department of penal enactments, and defines what punishments will have to be inflicted on the various classes of offenders and under what circumstances. 2. The fundamental principles of penal legislation are found in the natural law itself. Under the Old Dispensation more explicit prescriptions were added by divine positive law, but these were abrogated by the coming of the new order. In the New Testament, although greater stress is laid on love than on fear, instances are not wanting of punishments inflicted by divine or Apostolic authority.

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Penal Legislation in the New Code of Canon Law

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