Folia Theologica et Canonica 4. 26/18 (2015)

IUS CANONICUM - Szabolcs Anzelm Szuromi, O.Praem., The effect of Pope Benedict XIV’ s canonical works on the ecclesiastical process law

THE EFFECT OF POPE BENEDICT XIV’S CANONICAL WORKS...

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tican Council64, then by the MP Ecclesiae sanctae (August 6lh 1966)65, and finally the new norm was introduced by the 1983 Code, Cann. 1740-1752.

The constitution Quamvis iusto (April 30lh 1749) makes clear that the Roman Pope has authority to decide in any case, even in those which are not reserved to his court. It can be done directly - personally - or through delegation. This old principle which contained already in the Decretimi Grattarli (C 6 q. 4 c. 7)66 then in the Council of Trent67, had taken place in the CIC (1917) Can. 1557 § 3. The New Code of Canon Law does not contain it in its parallel canon (i.e. CIC Can. 1405), however based on CIC Can. 1417 § 1 this principle is still in the effective canonical norm.

The letter In postremo (October 20"’ 1756) speaks about the competent forum with particular attention to the criminal cases of legates, bishops and cardinals. Benedict XIV used many old sources for the composition of this definition (Decretum Gratiani, Liber Extra, Liber Sextus, Extravagantes Communes, Council of Trent, etc.), which has become the key document (i.e. § 18) for the CIC (1917) Can. 1557 § 1 nn. 2-3, and also took place in the New Codex (Can. 1405 § I nn. 2-3).

Among those documents of Pope Benedict XIV which cannot be found in Gasparri’s and Serédi’s great work, because these had not become references of the 1917 Code, in chronological order we would like to mention the constitution Nimiam licentiam (May 18'h 1743) about the obligatory form of marriage. The text was written against the abuses which had happened in Poland, declaring invalid those marriages which would be celebrated after this document without the canonical form.6* The constitution Reddiae Nobis (December 5th 1744) analyzes some particular cases of affinity (affinitás) clarifying the definition of this matrimonial impediment.6'* Finally, the letter Ad tuas manus (August 8"’ 1748) gives more precise description about the marriage and its effect which is between two baptized but non catholic persons.7"

Conclusion

“(...) the zeal for the salvation of souls that, today like yesterday, always remains the supreme end of the Church’s institutions, rules, and law, compels the

64 Cane. Vaticanum It (1962-1965), Sessio VII (28. oct. 1965): Decretum de pastorali episcopo- rum munere in ecclesia - Christus dominus, 31 c: COD 934.

65 AAS 58 (1966) 768.

66 Friedberg I. 565.

67 Cone. Tridentinum (1545-1563), Sessio XXIV (\ 1 nov. 1563), De ref. Can. 20: COD 772-773.

68 Saneissimi Domini Nostri Benedirti Pupae XIV, Bullarium, 1. 91.

69 Saneissimi Domini Nostri Benedirti Papae XIV, Bullarium, 1. 139-140.

70 Saneissimi Domini Nostri Benedirti Papae XIV, Bullarium, 11. 34—37.