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THE NEW
CODE OF CANON LAW

Bachoten
By THE REV. P. CHAS, AUGUSTINE, O.S.B., D.D.

Professor of Canon Law

VOLUME I

Introduction and General Rules (can. 1-86)

SECOND EDITION

B. HERDER BOOK CO.
17 SOUTH BROADWAY, St. Louis, Mo.

AND

68 GREAT RUSSELL ST. LONDON, W. C.

1918

THEOLWICAL LIBRARY

PEB 1 1919

HARVARD
DIN Peronisear

futeriorem

NIHIL OBSTAT
Sti. Ludovici, die 31 Maii, 1918

F. G. Holweck,

Censor Librorum.

IMPRIMATUR
Sti. Ludovici, die i Junii, 1918

Joannes J. Glennon,

Archiepiscopus

Sti. Ludovici.

Copyright, 1918

by
Joseph Gummersbach

All rights reserved
Printed in U. S. A.

VAIL-BALLOU COMPANY
PINGHAMTON AND NEW YORK

:

TO

THE BELOVED HIERARCH OF OUR DIOCESE

THE RT. REV. MAURICE FRANCIS BURKE, D.D.

BISHOP OF ST. JOSEPH, MO.
THIS VOLUME IS RESPECTFULLY DEDICATED

FOREWORD

Aug. 7th, 1917, the S. Congregation on Seminaries and Studies issued a decree which imposes on teachers of Canon Law the task of explaining the new Code, not only synthetically, but also analytically, by closely following the order and text of the Code itself. The decree also calls for a historical survey, whenever necessary and opportune, of the respective canons. This precisely has been the guiding line along which the writer taught Canon Law at the Benedictine University in Rome for nine years (1906–1915), until the European conflict closed our international College. Most of that time, therefore, fell within the period of the present codification.

We do not intend to make an apology for the commentary now offered to the clergy and all interested in the study of ecclesiastic law. The commentary shall be as brief as the matter permits and shall not be encumbered with moralizing reflections. The reader should remember that the commentary is intended for countries where the English language prevails, and hence for such countries as do not reflect all the customs and laws in vogue and practice elsewhere. Wherefore certain parts of the Code (e. g., cathedral chapters, jus patronatus, benefices) will not be treated in extenso. We shall endeavor to render the text in a verbal, or at least substantially faithful, transcription, no official English text having reached us. For the rest, the old saw, Bis dat qui cito dat,” has quickened this edition.

THE AUTHOR. Conception, Mo.

66

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