NEW PUBLICATIONS.
Elements of Ecclesiastical Law. By Rev. S. B. Smith, D.D. Second edition, revised and enlarged. Benziger Bros., New York.
We are glad to see that the Rev. Dr. Smith has been obliged to issue a second edition of his Elements of Ecclesiastical Law so soon after his first edition. This is an evidence that his book was a desideratum in our country. Though considered as a missionary country and under the direction of the Propaganda, yet, owing to the progress which the church has made here during the last twenty-five years, we have almost all the qualifications for being put on the same regular footing as the oldest churches of Europe. At all events it cannot be denied that we are steadily and swiftly approaching that stage. Very soon the church in this country will assume the regular canonical status of the churches on the Continent of Europe. The necessity, therefore, is apparent of studying the common legislation of the church universal, in order to assimilate ourselves to the spirit and, as far as possible, to the letter of that legislation, and to apply its general principles to the particular conditions, wants, and requirements of our country. This has been Dr. Smith’s aim in the Elements he has published. He gives, in the first place, an idea of law and jus in general, and in particular of canon law with its divisions. Next he inquires into the sources of canon law—which are the Scriptures, tradition, apostolic enactments, decrees of the Roman pontiffs and of the councils, œcumenical, national, provincial, and diocesan, the Roman congregations and customs—along with a history of canon law in the Latin church, and especially a history of canon law in our country. This occupies the whole of the first part. In the second part our author treats of jurisdiction in general as vested in ecclesiastical persons, of the different kinds of jurisdiction, of the manner of acquiring it in general and in particular, of the manner of resigning and losing jurisdiction, and of the right and duties of such as are vested with ecclesiastical jurisdiction; hence in the third part he speaks in particular of the Sovereign Pontiff, his election, primacy, and other prerogatives, of cardinals and of the Roman congregations, of legates, nuncios, of patriarchs, primates, metropolitan bishops, auxiliary bishops, coadjutor-bishops, vicars-general, deans and pastors, etc., of the rights, privileges, and duties of all these respective dignitaries.
It might be said against this book that all these things are treated in every elementary treatise on canon law. Of course the author of the book before us does not claim to discuss any matter which has not found its place already in the canonical legislation of the church. But that does not make Dr. Smith’s book less valuable nor its author less worthy of praise for having rendered a great service to the church in this country. In the first place, he has put together in a comparatively small volume and at great labor what would only be found scattered in many books. In the second place, he has given us his Elements in the English language, so that every one, even those who are not familiar with the Latin tongue, can acquire a fair knowledge of the church’s legislation.
Thirdly, and above all, he has taken great pains to give us the particular legislation of our country as derived from the first and second Plenary Councils of Baltimore, of both of which he has fairly interpreted the spirit and the aim. At the first glance, and upon a superficial perusal of their enactments, it would seem that the whole tendency of these two councils was a centralization of power as vested in the hierarchy—as, for instance, the power of governing without consulting the chapter or the advisers of the bishop; the power of having seminaries regulated altogether by the bishop without the three canonical committees of the clergy, one to look after the spiritual welfare, the other two after the temporal interests, of seminaries; the power of appointing priests to parishes without the concursus, or competitive examination; the power of moving priests from parishes, and many other instances, would seem to indicate a tendency of centralizing all power in the hierarchy. Yet the spirit of the two Plenary Councils of Baltimore was far from intending any such thing, as is evident by other enactments, and by the desire which the fathers of the council frequently express of conforming themselves as far as possible to the general legislation of the church, and by the regret which they manifest that, owing to the particular circumstances of our country, they are unable to adopt the general canon law of the church in many things. Dr. Smith’s book clearly puts forward this spirit of our two plenary councils, and the enactments which the fathers made in order to put a just and fair limit to their power, as in the question of removing pastors; in which case the last Plenary Council of Baltimore enacted that no bishop should remove a pastor without a proper cause.
In questions which these two councils left undecided our author, with all proper respect, gives a decision more consonant with the general canon law of the church and with the dictates of natural jus, thus conforming himself to the spirit of the two councils.
How far it would be desirable to adopt the common canonical law in this country, or whether the time has fully arrived for doing so, the author very properly leaves for the decision of the hierarchy and the Holy See. We do not deem it inconsistent with the respect we owe to our American prelates in coinciding with the desire expressed by the Council of Baltimore that some few things pertaining to the common canonical law of the church might be carried out; for instance, the exacting of a concursus for parishes. Our bishops could require a concursus at least for the larger parishes, and abstain from appointing any one to such parishes except one of those who have received a sufficient number of points required for approbation. This would secure always for the larger parishes at least an occupant sufficiently instructed in moral as well as parenetic theology. It would also be a great inducement for the younger clergy to cultivate these sciences, and not to abandon them as soon as they are out of the seminary. Our bishops would attain these great beneficial results without losing their perfect right and freedom of appointment, as they would not be bound to give the parish to the best in learning, but to the best all things considered, learning as well as probity, prudence, and ability in looking after the temporal welfare of the church; as, indeed, they would not be bound to give it to the best at all, but only to one of the approved.
With reference to other things our opinion would be to let things remain as they are; because the common canonical law as it stands only obtains in a very few parts of Europe, and we may say that the church legislation, owing to the circumstances of the times, is in a transition state. When the Vatican Council opens again—and we hope our Holy Father Pope Leo XIII. may soon see fit to reopen it—many changes may take place in the legislation of the church. It will be time enough then for the American Church to adopt such legislation as will be conformable with the common law of the church.
Dr. Smith deserves high praise for his work, and our seminarians and clergy would do well to study his book as eminently useful and important, giving us quite an accurate idea of the common canonical law and of the particular legislation of the American Church.
The Book of Psalms. Translated from the Latin Vulgate, etc. London: Burns & Oates. 1878. (For sale by The Catholic Publication Society Co.)
This small and neat edition of the Psalms is most welcome. With all respect we apply to it the words of an old English Catholic poet, Crashaw:
“Lo! here a little volume, but large book,
Much larger in itself than in its look.”
Cardinal Manning has written the preface, and the Psalms are enriched throughout with explanatory notes as the church requires for the Scriptures in the vulgar tongue.
The Psalter of David was among all classes of Christians, from the beginning, the favorite expression both of private and public devotions. The apostles themselves (Ephes. v. 19, Coloss. iii. 16) instructed the faithful in the use of these inspired canticles, and we learn from various passages in the writings of Tertullian, Augustine, Jerome, and Ven. Bede particularly, how familiar the early Christians must have been with them until the eighth century, when public or liturgical psalmody was left to the clergy exclusively. We hope that a taste for the reading of the Sacred Scriptures, and the devotional use of the Psalms especially, will increase—we had almost said will revive—among the laity.
Books for Summer Reading.
The Catholic Publication Society Company has just published quite a batch of very seasonable and interesting books. For those looking for summer reading nothing better could possibly be recommended than the graphic sketches of Italian life and manners, of scenery and monuments of faith and history, embodied in the charming Six Sunny Months, which ran as a serial in this magazine. Its gifted author, the writer of the House of Yorke, Grapes and Thorns, etc., needs no introduction to our readers. A companion volume to this is the Letters of a Young Irishwoman to her Sister, which excited so much interest and no little controversy while appearing in these pages. The pictures of French home-life and scenery, of French and Irish character, of thrilling contemporary events, given in these letters are to our thinking unsurpassed in unaffected grace and naïve simplicity, while the growing sadness of the end lifts what was intended to be the unpublished narrative of unassuming everyday existence to the heights of tragic pathos. Sir Thomas More carries us back into other days and weaves history into a powerful romance. The Trowel and the Cross, from the strong pen of Conrad von Bolanden, gives us the German social and political life of the day with a force and a truth and a deep philosophical insight that very few pens can command. Bolanden has Disraeli’s art of throwing the living problems of the day in social and political matters into interesting stories, with the saving gift, that Disraeli has not, of truth and right. Of lighter calibre, yet thoroughly charming and well adapted to while away the lazy summer hours, are Assunta Howard and Other Stories, Alba’s Dream (by the author of Are You My Wife?) and Other Stories, Stray Leaves from a Passing Life and Other Stories. Nothing better, in the way of light literature, than any or all of these books issues from the press, and nothing better can be done by Catholics who read at all than to read their own literature and support the efforts of those who devote their gifts exclusively to the Catholic cause.
Pious books especially adapted for this season are the Hand-book of Instructions and Devotions for the Children of Mary (translated from the French by Rev. J. P. O’Connell, D.D.), The Love of Jesus to Penitents (by Cardinal Manning), and The Young Girl’s Month of June (a companion to the Month of May, noticed last month, and translated by Miss MacMahon).