ELEMENTS ae ‘Menu oF ECCLESIASTICAL Law. COMPILED WITH REFERENCE TO THE SYLLABUS, THE “CONST. APOSTOLICAE SEDIS” OF POPE. PIUS 1X, THE COUNCIL OF THE VATICAN AND THE LATEST DECISIONS OF THE ROMAN CONGREGATIONS, ADAPTED ESPECIALLY TO THE DISCIPLINE OF THE CHURCH IN THE UNITED STATES. BY REV.S. B. SMITH D.D., FORMERLY FROFESSOR OF CANON LAW, AUTHOR OF “NOTES,” “COUNTER POINTS," ETC. Vou. Il. ECCLESIASTICAL TRIALS. NEW YORK, CINCINNATI, ST. Louis, AND EINSIEDEL! BENZIGER BROTHERS, [PRINTERS TO THE HOLY APOSTOLIC SEE. 1882. 21S6Page 52 104. Q. Can the Sovereign Pontiff annui all national canon law? A. We reply in the affirmative. For, national canon law, whether originating in custom,” statutes, privileges, or con- cordats, depends upon the express or tacit sanction of the Pope. Now, as it is in the power of the Pontiff to give his consent, so also is“ he at liberty to withdraw it, and thus abolish the “jus canonicum nationale” wherever it may exist. 105. It may, however, be asked whether national canon law, based upon concordats or solemn agreements between 2 On National Canon Law. 5 the Holy See and civil governments, may be annulled by the Pope. There can be no doubt that the Holy See is bound, as a gencral rule, to observe these agreements." We say, as @ general rile; for it is commonly held by canonists that the Pontiff may recede from concordats when there are just reasons for so"* doing. In fact, it is controverted whe- ther concordats are contracts proper or mere privileges. Again, it seems to be commonly admitted that in all agree- ments entered into by the™ Sov. Pontiff this condition is understood: Nisi aliud exigat causa gravis et extraordinaria propter bonum commune ecclesiae.Of American Canon Latw, or of the National Canon Law of the United States. 106. Q. What is meant by American canon law? A. By the national eccl. law of this country we under- stand the various derogations from the “jus commune,” or the different customs that exist among the churches in the United Si and are sanctioned or tolerated by the Roman Pontiff." We say, “are sanctioned or tolerated by the Roman fontiff”; for, as was seen, no national law can become legiti- mate except by at least the tacit or legal * consent of the Pope. Again, the “jus particulare” of a nation always remains subject to the authority of the Holy See in such manner as to be repealable* at any time by it. Hence, the jus natron- a/e, or the exceptional ecclesiastical laws prevalent in the “ Soglia, vol. L, p. 117. “Cr. Bouix, 1. c., p. 78, seq. Cfr. S. Liguori, De Priv. ™Craisson, n. 150. * Bouix, De Princip,, p. 84. Cfr. Craisson. Man., n. 51. "Cir. Craisson, Man., n. 151., ™ Bouix, 1 ¢., p. 8a 15. 54 On National Canon Law. htt United States, may be abolished at any time by the Sovereign Pontiff. /books.google.com/books?id=qu9BAAAAYAAJ&printsec=frontcover&source=gbs ge summary r&cad=0iv=onep age&a&fetrue https://archive.org/stream/elementsofecciesO.1smituoft#page/52/mode/1u