Penal Law of the Church

PL 2. The codification of penal canon law in the context of ius

publicum ecclesiasticum

1 The right to coerce

Code 1917 Can 2214 §1

Nativum et proprium Ecclesiae ius est,independens a qualibet humana auctoritate,coercendi delinquentes sibi subditospoenis tum spiritualibus tum etiam temporalibus.

The Church has the innate and proper right,independent from any human authority,to coerce offending subjects with spiritualas well as temporal penalties.

Translation established from CIC 1983, Can. 1311

2 The right to coerce as the implication of ius publicum

ecclesiasticum and societas

perfecta

3 The right to coerce as a necessity in the post-Enlightenment threatening

environmentAnd now, can anybody who takes a survey of the whole system be surprised that We should define it as the synthesis of all heresies? Were one to attempt the task of collecting together all the errors that have been broached against the faith and to concentrate the sap and substance of them all into one, he could not better succeed than the Modernists have done. Nay, they have done more than this, for, as we have already intimated, their system means the destruction not of the Catholic religion alone but of all religion. With good reason do the rationalists applaud them, for the most sincere and the frankest among the rationalists warmly welcome the modernists as their most valuable allies.Pius X, Pascendi Dominici Gregis, No 39.

3 The right to coerce as a necessity in the post-Enlightenment threatening environment

Ernesto Buonaiuti

3 The right to coerce as a necessity in the post-Enlightenment threatening environment

Concordat with Italy 1929. Art. 5

(…) apostate priests, or those subject to censure, cannot be appointed or continued as teachers, or hold office or be employed as clerks where they are in immediate contact with the public.

Art. 7 The State and the Catholic Church are independent and sovereign, each within its own sphere.Their relations are regulated by the Lateran pacts. Amendments to such Pacts which are accepted by both parties shall not require the procedure of constitutional amendments.

Art. 8 All religious denominations are equally free before the law. (…)

Italian Const, 1947-1948

3 The right to coerce as a necessity in the post-

Enlightenment threatening environment