When the Queen of Sheba heard of the great wisdom of Solomon, she allowed no obstacle to impede her undertaking the difficult journey to meet this great monarch, despite the fact that protracted expeditions at the time were perilous adventures. She made all these efforts just to encounter an earthly king, and to observe his wisdom. Impressed with all she had seen and heard in Jerusalem, and after presenting the richest of gifts to the king of Israel, she returned to her country, filled with admiration (cf. 2Chron 9:1-12).
Each one of us also has the opportunity to meet daily with a King ‘who is greater than Solomon’ (Mt 12:42), who is far more powerful and wise, for he is the King of kings. How much more then so should we -who are so much more fortunate and blessed in our encounter than the queen of Sheba – be willing to make all possible efforts and sacrifices to prepare ourselves? For this reason, Holy Mother Church – who never establishes laws above our capacity – has instituted certain norms throughout the centuries, so that we might present ourselves in a more worthy manner in our encounter with this august King, in order to demonstrate our respect and veneration for Him. By any chance, could the precepts that Holy Mother Church has wisely adapted according to the necessities of each epoch be considered a dictatorial burden? Or rather, are they a didactic way of forming the faithful in the respect due to the Sacrament of the Altar?
Enter the various parts of our study
I – The Eucharistic fast: a dictatorship or a mark of honor?
II – Why does the Church promulgate laws?
I – The Eucharistic fast: a dictatorship or a mark of honor?
For as often as you eat this bread and drink the cup, you proclaim the death of the Lord until he comes. Therefore whoever eats the bread or drinks the cup of the Lord unworthily will have to answer for the body and blood of the Lord. A person should examine himself, and so eat the bread and drink the cup. For anyone who eats and drinks without discerning the body, eats and drinks judgment on himself. […] If we discerned ourselves, we would not be under judgment; but since we are judged by (the) Lord, we are being disciplined so that we may not be condemned along with the world. Therefore, my brothers, when you come together to eat, wait for one another. If anyone is hungry, he should eat at home, so that your meetings may not result in judgment. The other matters I shall set in order when I come. (1Cor 11:26-34)
Abstinence from food and drink is in accord with that supreme reverence we owe to the supreme majesty of Jesus Christ when we are going to receive Him hidden under the veils of the Eucharist. And moreover, when we receive His precious Body and Blood before we take any food, we show clearly that this is the first and loftiest nourishment by which our soul is fed and its holiness increased. […] Not only does the Eucharistic fast pay due honor to our Divine Redeemer, it fosters piety also; and hence it can help to increase in us those most salutary fruits of holiness which Christ, the Source and Author of all good, wishes us who are enriched by His Grace to bring forth. Moreover, everyone with experience will recognize that, by the very laws of human nature, when the body is not weighted down by food the mind more easily is lifted up and is by a more ardent virtue moved to meditate upon that hidden and transcendent Mystery that works in the soul, as in a temple, to the increase of divine charity. (Pius XII. Apostolic Constitution Christus Dominus, January 6, 1953)
In the early part of 1953 [January 6] We issued the Apostolic Constitution Christus Dominus, by which We eased the rigor of the law on the Eucharistic fast so that the faithful could receive Holy Communion more frequently and more easily fulfill the precept of hearing Holy Mass on holy days. […] Having taken into consideration the considerable changes which have occurred in working and office hours and in all social life, We deemed it advisable to comply with the insistent requests of the Bishops and have therefore decreed: […] Priests and faithful, before Holy Mass or Holy Communion respectively, must abstain for three hours from solid foods and alcoholic liquids, for one hour from non-alcoholic liquids. Water does not break the fast. […] We strongly exhort priests and faithful who are able to do so to observe the old and venerable form of the Eucharistic fast before Mass and Holy Communion. All those who will make use of these concessions must compensate for the good received by becoming shining examples of a Christian life and principally with works of penance and charity. (Pius XII. Moto proprio Sacram Communionem, March 19, 1957)
If the authority of Scripture has decided which of these methods is right, there is no room for doubting that we should do according to that which is written; and our discussion must be occupied with a question, not of duty, but of interpretation as to the meaning of the divine institution. In like manner, if the universal Church follows any one of these methods, there is no room for doubt as to our duty; for it would be the height of arrogant madness to discuss whether or not we should comply with it. […] it is clear that when the disciples first received the body and blood of the Lord, they had not been fasting. Must we therefore censure the universal Church because the sacrament is everywhere partaken of by persons fasting? Nay, verily, for from that time it pleased the Holy Spirit to appoint, for the honour of so great a sacrament, that the body of the Lord should take the precedence of all other food entering the mouth of a Christian; and it is for this reason that the custom referred to is universally observed. For the fact that the Lord instituted the sacrament after other food had been partaken of, does not prove that brethren should come together to partake of that sacrament after having dined or supped, or imitate those whom the apostle reproved and corrected for not distinguishing between the Lord’s Supper and an ordinary meal. The Saviour, indeed, in order to commend the depth of that mystery more affectingly to His disciples, was pleased to impress it on their hearts and memories by making its institution His last act before going from them to His Passion. And therefore He did not prescribe the order in which it was to be observed, reserving this to be done by the apostles, through whom He intended to arrange all things pertaining to the Churches. Had He appointed that the sacrament should be always partaken of after other food, I believe that no one would have departed from that practice. (Saint Augustine of Hippo. Letter 54 to Januarius, no. 6-8)
Since the Eucharist is the most exalted of all the Sacraments – as in It, not only is divine grace received, but also the very Author of grace – it is understandable that the universal law of the Church establish a series of norms, some even of divine right, not only to protect and regulate the exercising of this right but also to limit it, when so required by the due veneration to the Body and Blood of Christ, the proper formation of consciences and the common good of the ecclesial society. (Pontifical Council for the Interpretation of Legislative Texts. The Eucharist in the juridical order of the Church, November 12, 2005)
Let us then be obedient to His sayings; let us not oppose ourselves, nor be contentious; for first of all, even antecedently to their rewards, these injunctions have their pleasure and profit in themselves. And if to the more part they seem to be burdensome. and the trouble which they cause, great; have it in thy mind that thou art doing it for Christ’s sake, and the pain will be pleasant. For if we maintain this way of reckoning at all times, we shall experience nothing burdensome, but great will be the pleasure we reap from every quarter; for our toil will no longer seem toil, but by how much it is enhanced, so much the sweeter and pleasanter doth it grow. (Saint John Chrysostom. Homily on Matthew, 16, no. 14)
II – Why does the Church promulgate laws?
To keep the law is a great oblation, and he who observes the commandments sacrifices a peace offering. (Sir 35:1)
Considering that forthwith upon salvation being brought out for mankind, Jesus Christ laid upon His Apostles the injunction to ‘preach the Gospel to every creature’, He imposed, it is evident, upon all men the duty of learning thoroughly and believing what they were taught. This duty is intimately bound up with the gaining of eternal salvation: ‘He that believeth and is baptized shall be saved; but he that believeth not, shall be condemned’ (Mk 16:16). But the man who has embraced the Christian faith, as in duty bound, is by that very fact a subject of the Church as one of the children born of her, and becomes a member of that greatest and holiest body, which it is the special charge of the Roman Pontiff to rule with supreme power, under its invisible head, Jesus Christ. (Leo XIII. Encyclical Sapientiae christianae, no. 4, January 10, 1890)
And as to govern human society signifies to lead men to the end proposed by means that are expedient, just and helpful (cf. STh, I, q. 22, a. 1-4), it is easy to see how our Savior, model and ideal of good Shepherds (cf. Jn 10:1-18; 1Pet 5:1-5), performs all these functions in a most striking way. While still on earth, He instructed us by precept, counsel and warning in words that shall never pass away, and will be spirit and life (cf. Jn 6:63) to all men of all times. Moreover He conferred a triple power on His Apostles and their successors, to teach, to govern, to lead men to holiness, making this power, defined by special ordinances, rights and obligations, the fundamental law of the whole Church. (Pius XII. Encyclical Mystici Corporis Christi, no. 37-38, June 29, 1943)
For this reason We deplore and condemn the pernicious error of those who dream of an imaginary Church, a kind of society that finds its origin and growth in charity, to which, somewhat contemptuously, they oppose another, which they call juridical. But this distinction which they introduce is false: for they fail to understand that the reason which led our Divine Redeemer to give to the community of man He founded the constitution of a Society, perfect of its kind and containing all the juridical and social elements – namely, that He might perpetuate on earth the saving work of Redemption (Vat. Council I, Sess. IV, Const. de Eccl., prol.), – was also the reason why He willed it to be enriched with the heavenly gifts of the Paraclete. The Eternal Father indeed willed it to be the ‘kingdom of the Son of his predilection’ (Col 1:13); but it was to be a real kingdom in which all believers should make Him the entire offering of their intellect and will (Vat. Council I, Sess. III, Const. de fide Cath., Cap. 3), and humbly and obediently model themselves on Him, Who for our sake ‘was made obedient unto death’ (Phil 2:8). There can, then, be no real opposition or conflict between the invisible mission of the Holy spirit and the juridical commission of Ruler and Teacher received from Christ, since they mutually complement and perfect each other – as do the body and soul in man – […] And if at times there appears in the Church something that indicates the weakness of our human nature, it should not be attributed to her juridical constitution, but rather to that regrettable inclination to evil found in each individual, which its Divine Founder permits even at times in the most exalted members of His Mystical Body, for the purpose of testing the virtue of the Shepherds no less than of the flocks, and that all may increase the merit of their Christian faith. For, as We said above, Christ did not wish to exclude sinners from His Church; hence if some of her members are suffering from spiritual maladies, that is no reason why we should lessen our love for the Church, but rather a reason why we should increase our devotion to her members. Certainly the loving Mother is spotless in the Sacraments by which she gives birth to and nourishes her children; in the faith which she has always preserved inviolate; in her sacred laws imposed on all; in the evangelical counsels which she recommends; in those heavenly gifts and extraordinary grace through which with inexhaustible fecundity (cf. Vat. Council, Sess. III, Const. de fide Cath., Cap 3), she generates hosts of martyrs, virgins and confessors. (Pius XII. Encyclical Mystici Corporis Christi, no. 65-66, June 29, 1943)
Our union in and with Christ is first evident from the fact that, since Christ wills His Christian community to be a Body which is a perfect Society, its members must be united because they all work together towards a single end. The nobler the end towards which they strive, and the more divine the motive which actuates this collaboration, the higher, no doubt, will be the union. Now the end in question is supremely exalted; the continual sanctifying of the members of the Body for the glory of God and of the Lamb that was slain. […] Now since its Founder willed this social body of Christ to be visible, the cooperation of all its members must also be externally manifest through their profession of the same faith and their sharing the same sacred rites, through participation in the same Sacrifice, and the practical observance of the same laws. (Pius XII. Encyclical Mystici Corporis Christi, no. 68-69, June 29, 1943)
Now the way to reach Christ is not hard to find: it is the Church. Rightly does Chrysostom inculcate: ‘The Church is thy hope, the Church is thy salvation, the Church is thy refuge’ (Hom. de capto Euthropio, no. 6). It was for this that Christ founded it, gaining it at the price of His blood, and made it the depositary of His doctrine and His laws, bestowing upon it at the same time an inexhaustible treasury of graces for the sanctification and salvation of men. (Pius X. Encyclical E Supremi apostolatus, no. 9, October 4, 1903)
Our Lord Jesus Christ has appointed to us a ‘light yoke’ and an ‘easy burden,’ as He declares in the Gospel (Mt 11:30) in accordance with which He has bound His people under the new dispensation together in fellowship by sacraments, which are in number very few, in observance most easy, and in significance most excellent, as baptism solemnized in the name of the Trinity, the communion of His body and blood, and such other things as are prescribed in the canonical Scriptures, with the exception of those enactments which were a yoke of bondage to God’s ancient people, suited to their state of heart and to the times of the prophets, and which are found in the five books of Moses. As to those other things which we hold on the authority, not of Scripture, but of tradition, and which are observed throughout the whole world, it may be understood that they are held as approved and instituted either by the apostles themselves, or by plenary Councils, whose authority in the Church is most useful, e.g. the annual commemoration, by special solemnities, of the Lord’s passion, resurrection, and ascension, and of the descent of the Holy Spirit from heaven, and whatever else is in like manner observed by the whole Church wherever it has been established. (Saint Augustine of Hippo. Letter 54 to Januarius, no. 1)
The institution of the nascent universal Church took origin from the office of Blessed Peter, in which consists its direction and apex. In effect, from this source flowed, in accordance with the development of religion, the ecclesiastic discipline in all of the Churches. (Denzinger-Hünermann 233. Boniface I, Epistle Retro maioribus tuis, to the Bishops of Thessaly, March 11, 422)
Although the tradition of the Fathers has attributed such great authority to the Apostolic See that no one would dare to disagree wholly with its judgment, and it has always preserved this judgment by canons and rules, and current ecclesiastical discipline up to this time by its laws pays the reverence which is due to the name of PETER, from whom it has itself descended . . . ; since therefore PETER the head is of such great authority and he has confirmed the subsequent endeavors of all our ancestors, so that the Roman Church is fortified . . . by human as well as by divine laws, and it does not escape you that we rule its place and also hold power of the name itself, nevertheless you know, dearest brethren, and as priests you ought to know. (Denzinger-Hünermann 221. Zosimus, Letter Quamvis Patrum traditio, to the Synod of Carthage, March 21, 418)
The Magisterium of the Pastors of the Church in moral matters is ordinarily exercised in catechesis and preaching, with the help of the works of theologians and spiritual authors. Thus from generation to generation, under the aegis and vigilance of the pastors, the ‘deposit’ of Christian moral teaching has been handed on, a deposit composed of a characteristic body of rules, commandments, and virtues proceeding from faith in Christ and animated by charity. Alongside the Creed and the Our Father, the basis for this catechesis has traditionally been the Decalogue which sets out the principles of moral life valid for all men. (Catechism of the Catholic Church, no. 2033)
A second question arises concerning the very nature of the Code of Canon Law. To reply adequately to this question, one must mentally recall the distant patrimony of law contained in the books of the Old and New Testament from which is derived, as from its first source, the whole juridical – legislative tradition of the Church.
Christ the Lord, indeed, did not in the least wish to destroy the very rich heritage of the Law and of the Prophets which was gradually formed from the history and experience of the People of God in the Old Testament, but He brought it to completion (cf. Mt. 5:17), in such wise that in a new and higher way it became part of the heritage of the New Testament. Therefore, although Saint Paul, in expounding the Paschal Mystery, teaches that justification is not obtained by the works of the Law, but by means of faith (cf. Rom 3:28; Gal 2:16), he does not thereby exclude the binding force of the Decalogue (cf. Rom 13:28; Gal 5:13-25; 6:2), nor does he deny the importance of discipline in the Church of God (cf. 1 Cor. chapters 5, 6). Thus the writings of the New Testament enable us to understand still more the importance itself of discipline and make us see better how it is more closely connected with the saving character of the evangelical message itself. […] A second question arises concerning the very nature of the Code of Canon Law. To reply adequately to this question, one must mentally recall the distant patrimony of law contained in the books of the Old and New Testament from which is derived, as from its first source, the whole juridical – legislative tradition of the Church. The Code, as the principal legislative document of the Church, founded on the juridical – legislative heritage of Revelation and Tradition, is to be regarded as an indispensable instrument to ensure order both in individual and social life, and also in the Church’s activity itself. Therefore, besides containing the fundamental elements of the hierarchical and organic structure of the Church as willed by her divine Founder, or as based upon apostolic, or in any case most ancient, tradition, and besides the fundamental principles which govern the exercise of the threefold office entrusted to the Church itself, the Code must also lay down certain rules and norms of behavior. (John Paul II. Apostolic constitution Sacrae disciplinae leges, January 25, 1983)
In actual fact the Code of Canon Law is extremely necessary for the Church. Since, indeed, it is organized as a social and visible structure, it must also have norms: in order that its hierarchical and organic structure be visible; in order that the exercise of the functions divinely entrusted to her, especially that of sacred power and of the administration of the sacraments, may be adequately organized; […] Finally, the canonical laws by their very nature must be observed. The greatest care has therefore been taken to ensure that in the lengthy preparation of the Code the wording of the norms should be accurate, and that they should be based on a solid juridical, canonical and theological foundation. (John Paul II. Apostolic Constitution Sacrae disciplinae leges, January 25, 1983)
The Congress that is being celebrated on this important anniversary treats a theme of great interest because it highlights the close link that exists between canon law and Church life in accordance with the desire of Jesus Christ. On this occasion I am therefore anxious to reaffirm a fundamental concept that imbues canon law. The ius ecclesiae is not only a body of norms formulated by the Ecclesial Legislator for this special people who form the Church of Christ. It is, in the first place, the authoritative declaration on the part of the Ecclesial Legislator of the duties and rights that are based in the sacraments and are therefore born from the institution by Christ himself. This series of juridical realties treated by the Code forms a wonderful mosaic in which are portrayed the faces of all the faithful, lay people and Pastors and all the communities, from the universal Church to the particular Churches. […] Moreover, the Code of Canon Law contains the norms formulated by the Ecclesial Legislator for the good of the person and of the communities of the whole Mystical Body which is the Holy Church. […] The Church thus recognizes in her laws the nature as well as the means and pastoral function for pursuing her own end, which – as is well known – is the achievement of the ‘salus animarum’. (Benedict XVI. Address on the occasion of the 25th Anniversary of the promulgation of the Code of Canon Law, January 25, 2008)
Since canon law outlines the rules necessary for the People of God to orient themselves effectively to their own end, one understands how important it is that this law be loved and observed by all the faithful. Church law is first and foremost lex libertatis: a law that sets us free to adhere to Jesus. It is therefore necessary to be able to present to the People of God, to the new generations and to all who are called to make canon law respected, its concrete bond with the life of the Church, in order to safeguard the delicate interests of the things of God and to protect the rights of the weakest, of those who have no other means by which to make their presence felt, and also in defence of those delicate ‘goods’ which every member of the faithful has freely received – the gift of faith, of God’s grace, first of all -, which the Church cannot allow to be deprived of adequate protection on the part of the Law. (Benedict XVI. Address to the participants in the Study Congress on the occasion of the 25th anniversary of the promulgation of the Code of Canon Law, January 25, 2008)
The precepts of the Church are set in the context of a moral life bound to and nourished by liturgical life. The obligatory character of these positive laws decreed by the pastoral authorities is meant to guarantee to the faithful the indispensable minimum in the spirit of prayer and moral effort, in the growth in love of God and neighbor (Catechism of the Catholic Church, no. 2041)
At the same time the conscience of each person should avoid confining itself to individualistic considerations in its moral judgments of the person’s own acts. As far as possible conscience should take account of the good of all, as expressed in the moral law, natural and revealed, and consequently in the law of the Church and in the authoritative teaching of the Magisterium on moral questions. Personal conscience and reason should not be set in opposition to the moral law or the Magisterium of the Church. Thus a true filial spirit toward the Church can develop among Christians. It is the normal flowering of the baptismal grace which has begotten us in the womb of the Church and made us members of the Body of Christ. In her motherly care, the Church grants us the mercy of God which prevails over all our sins and is especially at work in the sacrament of reconciliation. With a mother’s foresight, she also lavishes on us day after day in her liturgy the nourishment of the Word and Eucharist of the Lord. (Catechism of the Catholic Church, no. 2039-2040)
The authority of the Magisterium extends also to the specific precepts of the natural law, because their observance, demanded by the Creator, is necessary for salvation. In recalling the prescriptions of the natural law, the Magisterium of the Church exercises an essential part of its prophetic office of proclaiming to men what they truly are and reminding them of what they should be before God. The law of God entrusted to the Church is taught to the faithful as the way of life and truth. The faithful therefore have the right to be instructed in the divine saving precepts that purify judgment and, with grace, heal wounded human reason. They have the duty of observing the constitutions and decrees conveyed by the legitimate authority of the Church. Even if they concern disciplinary matters, these determinations call for docility in charity. (Catechism of the Catholic Church, no. 2036-2037)
See to it with similar firmness that the most holy laws of the Church are observed, for it is by these laws that virtue, religion and piety particularly thrive and flourish. It is an act of great piety to expose the concealments of the impious and to defeat there the devil himself, whose slaves they are (Saint Leo, sermon 8.4). Therefore We entreat you to use every means of revealing to your faithful people the many kinds of plot, pretense, error, deceit and contrivance which our enemies use. This will turn them carefully away from infectious books. Also exhort them unceasingly to flee from the sects and societies of the impious as from the presence of a serpent, earnestly avoiding everything which is at variance with the wholeness of faith, religion and morality. Therefore, never stop preaching the Gospel, so that the Christian people may grow in the knowledge of God by being daily better versed in the most holy precepts of the Christian law; as a result, they may turn from evil, do good, and walk in the ways of the Lord. (Pius IX. Encyclical Qui pluribus, no. 20-21, November 9, 1846)
Hence, they who blame, and call by the name of sedition, this steadfastness of attitude in the choice of duty have not rightly apprehended the force and nature of true law. We are speaking of matters widely known, and which We have before now more than once fully explained. Law is of its very essence a mandate of right reason, proclaimed by a properly constituted authority, for the common good. But true and legitimate authority is void of sanction, unless it proceed from God, the supreme Ruler and Lord of all. The Almighty alone can commit power to a man over his fellow men; nor may that be accounted as right reason which is in disaccord with truth and with divine reason; nor that held to be true good which is repugnant to the supreme and unchangeable good, or that wrests aside and draws away the wills of men from the charity of God. Hallowed, therefore, in the minds of Christians is the very idea of public authority, in which they recognize some likeness and symbol as it were of the Divine Majesty, even when it is exercised by one unworthy. A just and due reverence to the laws abides in them, not from force and threats, but from a consciousness of duty; ‘for God hath not given us the spirit of fear’ (2 Tim 1:7). (Leo XIII. Encyclical Sapientiae christianae, no. 8, January 10, 1890)
The conscientious observation of the ten commandments of God and the precepts of the Church (which are nothing but practical specifications of rules of the Gospels) is for every one an unrivaled school of personal discipline, moral education and formation of character, a school that is exacting, but not to excess. A merciful God, who as Legislator, says – Thou must! – also gives by His grace the power to will and to do. To let forces of moral formation of such efficacy lie fallow, or to exclude them positively from public education, would spell religious under-feeding of a nation. To hand over the moral law to man’s subjective opinion, which changes with the times, instead of anchoring it in the holy will of the eternal God and His commandments, is to open wide every door to the forces of destruction. The resulting dereliction of the eternal principles of an objective morality, which educates conscience and ennobles every department and organization of life, is a sin against the destiny of a nation, a sin whose bitter fruit will poison future generations. (Pius XI. Encyclical Mit Brennender sorge, no. 29, March 14, 1937)
That kind of civilization which conflicts with the doctrines and laws of holy Church is nothing but a worthless imitation and meaningless name. (Leo XIII. Encyclical Inscrutabili dei consiliio, no. 6, April 21, 1878)
See you not, how the commandments, so far from coming of cruelty, come rather of abounding mercy? And if on account of these you call the Lawgiver grievous, and hard to bear with; […] how the God of the old covenant, whom they call cruel, will be found mild and meek: and He of the new, whom they acknowledged to be good, will be hard and grievous, according to their madness? Whereas we say, that there is but one and the same Legislator of either covenant, who dispensed all justly and adapted to the difference of the times the difference between the two systems of law. Therefore neither are the first commandments cruel, nor the second hard and grievous, but all of one and the same providential care. (Saint John Chrysostom. Homily on Matthew, 16, 8)