The New York herald., 1879-09-14
CANON LAW ADVANCING.
Adoption of the Code in the Dio-
cese of Brooklyn.
APPOINTMENT OF .IDlCES AND COUNCIL
The Code EXpounded by a
Brooklyn Canonist.

The prompt acquiescence Of the Roman Catholic
hierarchy In this country in the code of law re-
Gently established marks great epoch in the history
OF the Catholic Church. The man who three wears
ago should have predicted this wonderful change as
almost certain to take place within decade would
have been set down as dreamer and enthusiast.
But keen-sighted priests who had become hoary in
the service OF their Church. weIl younger ones
grown rips in theological studies succeeded in con-
vincing the Propaganda that the time had when
the Catholic Church. which had attained full vigor
and maturity in the United States should in re-
lations to Romo be stripped OF its swaddling
clothes and be placed = level with the
Church in all other countries. In other words.
that the Catholic Church here had outgrown its
missionary character. and was entitled to full
enjoyment of all the privileges in forms and disci-
pline accorded and decreed by tho Holy See to any
other country having equal Catholic population.
BROOKLYN WHEELS INTO LINE.
It was announced in the HERALD ON tho 18th uls.
that Bishop Corrigan. of Newark, the first to
promulgate the full code Of canon law. and that
his example initiated by Bishop McQuaid, Of
Rochester Bishop Loughlin. Of Brooklyn. has
now taken the initiative in the direction. Tho
first Synod convened since the formation of the
diocese in 1853 held Friday the Goth ult, in
St. Johns College. Brooklyn. Although, as re-
peatedly stated in the HERALD it is urgently
mended by the Holy See that synod be held an.
nually, there several dioceses in which o synod
has Jet been held And yet. though
Bishop Loughlin has been tardy with other
bishops in his compliance with the str,ct
obssrvances there is perhaps other Catholic pre
ate in the United States who despite his long service
in the epscopacy maintains simplicity and less
reserve toward priests and aty and enjoys fewer Of
the luxuries Of the episcopal rank. In convening
this Synod he had not from among all his clergy
the assistance OF secretary, but indited with his
own hand the summons to each priest, the number
in the diocese comprising the whole of Long Island
being 149. The clergy first enjoined to prepare
for that solemn event by engaging in the retreat
St. Johns College. which commenced Sun
day evening immediately preceding the Friday
which the Synod was held
OPENING OF THE SYNOD.
On Friday morning all the Catholic clergy. regular
and secular, of the diocese, excepting six. were in
attendance The proceedings opened with mass
celebrated by Bishop Loughlin. who attended
by Fathers Carroll. Of the Church Of St. Vincent de
Paul, and McCullom. of the Church of the
Sacred Heart. deacons of honor. After
mass was concluded the business OF
the Synod commenced. Rev. DR.. O'Connell,
pastor of St. Mchacrs Church. appointed pro-
curator. The "Instructio" then promulgated,
ocCOT0auCo OeCreeS
therein. the following priests appointed
Judices Cdsacrmm, council for the trial
OF cases Fathers John McKenna. of Flushing;
O'Connell, Of St. Michael's; zeller. of St
Benedct's; Corcoran, Of st. Joscph's. and Nc.
Namara, Of Our Lady of Mercy. The Bishop
then appointed tho following priests 40
his council; Very Row. Michael May. VICAR generals
Fathers Malone. Francioli. Kecgan Taaffe and
O'Reilly. In making these appointments the Bishop
laid down the important point. which is to be hero
after regarded as precedent. that member OF the
council shall not be member of the Judces Cdssdrun
The reason of this Is obvious. inasmuch M tha
opinions Of the ,udiccs on the trial OF cause may
sometimes be submitted by the Bishop to his coun-
Gil for review. At all events this the first instance
in which the point was officially enunciated.
PRocI.AIsING THE sTArUTEs.
Rev. DR.. O'Connell then proceeded to read the
statutes for the future government OF the diocese
all OF which were In Latin, except those re-
diction has frequently occurred. not only
in the diocese of brooklyn but elsewhere.
The latter have. It is claimed. in too many
instances solhshly elbowed the countrymen of Bon-
fac of the way in in s sasss Of baptism and MAJ.
down the statute in the Brooklyn diocese that in
the administration Of the sacramcnts in o parish
whore there is German as well IS an
English speaking pastor. the latter has prior
right when either or both the contracting parties
in matrimony speak the English language, but hen
both speak German the pastor of that nationality
jurisdiction. The same rule obtains in Of bap-
tism extreme JUNCTION and at funerals. All the other
statutes contain nothing of special importance. The
statute relating to mixed marriages is in complete
accord with the practice of the Catholic Church
hitherto. SO tar from any modification or relaxa-
ton being admitted the clergy are enjoined to
force 1t strictly.
DIsoursrr1oS ON CANON LAW.
HERALD reporter had an interview with pastor
Of one of the Brooklyn city churches, than whom
perhaps there is no abler canonist in the diocese In
relation to this new departure.
''It Is by no means q new departure, he said 1t
is simply giving force and effect to laws and disci
pline ancient as the Church ITSELF.
"You do not mean that all the rigors OF the print
tive Church are to be renewed?" observed the
porter.
mot ut oil. There is tho same difference a. therc
s between being joted in an old wagon on country
road and riding in carriage; it is letting us down
easily. The operation Of canon law must be
sariiy different in different countries according to
the needs and requirements Of the Church and the
condition OF the people,"
"In what respect?'
"well. in she first place. wherever the statutes Of
the national or provincial councils have been ap-
proved by the Holy See and such approved statutes
latter"
"Can you give me instance?"
III do not recollect any just now. but IL seldom or
never happens that they come in conflict l am sim
ply laying down the axiom q starting point"
"How about diocesan statutes such those that
have just been laid down for your guidanceY'
Diocesan statutes are hardly ever sent to Rome;
their scope is purely local. National and provincial
statutes the other hand. always sent to Rome.
but not always tsnd desire you to bear this in
not so approved have no binding force. On what.
ever subjects to which they relate canon law Ia our
only guide
"fhc priests all seem to be gratiiedY'
"Of course they are, for the application OF canon
law enectually binds the bishop to equitable
dealing with his priests. The days of arbitrary pro-
ccdure are gone forever.
"You mean In regard to suspcnsionsr'
Yes. chiefly. although there are numerous other
cases in which priest may bc prosecuted
ut the caprice OF his bishop who after
all has tue failing OF i'll temper. hasty
judgment and personal antipathies like other
men. but you spoke OF suspensions. The rule In
such cases canonically Is that priest must he
served with three notices from his Bishop before
suspension can take effect except cases Of great
scandal to the Church where the scandal might DO
by delay. Tho cases reter TO will -
once suggest themselves to your mind. and when
such arise percmptory notice from the bishop
will be sufficient.
IGNORANCE CANON LAW.
'And here let tell you had letter ashort time
since from Of the abcs canonists in Rome, aud
in his allusion to tho numerous disputes between
bishops and priests In the United states and the an
noyancc OF the Propaganda at the continual appeals
Rnr he anid rr rrafs surrriaa