The Church, aware of the fact that marriage and the family are one of the most valuable goods of mankind, and at the same time noticing the threats and hazards to them coming from the state legislation and various institutions, places marriage and the family in the centre of its attention. By its legislation and persistent teaching, the Church wants to show their origin, nature, character, purpose, qualities, importance and value as well as to offer help to marriage and the family in the fulfillment of their tasks and vocation. Through its instruction and teaching the Church wants to take an explicit stance towards various unfavorable or inimical forces and systems aimed against marriage and the family, reminding with power and strength about the values, principles and ideas of marriage and the family. At the same time the Church perceives marriage and the family as a subject of its own rights, which the state, consisting of a multiplicity of families, has to correctly interpret, acknowledge and protect. Hence the Church encourages the state to protect and help the marriages and families, encouraging it also to create such a social-economic-cultural system and such legal and system protection, in which the rights of marriage and family will be fully respected. Thanks to the energetic activity of the Holy See in the field of researches on the problems of contemporary family, the ground is being prepared for a complete and comprehensive picture of the rights of marriage and the family; the beginning and a sample of this was given in the exhortation Familiaris consortio of John Paul II, which on the foundation of the teaching of the Second Vatican Council and the Code of Canon Law, clearly demarcates the direction of the Church's stipulations for the code of family rights. The Church holds deeply at heart the defense and protection of the fundamental and essential rights of marriage and the family. It can be said that the Gospel of marriage and the family, which is propagated by the Church and offered by it to the world and Europe, gives marriage and the family an unchangeable position and dynamism, showing the necessity for assistance and service on the part of the state, society and the Church itself. The objective of that teaching is welfare and proper development of marriages as such and at the same time it provides a full view of the rights of marriage and the family including their spiritual and personal dimension. Marriage and the family are consequently presented as subjects of rights both in the Church and the state, by virtue of their own and inalienable natural right to existence, proper functioning and realization of vocation, tasks and development. The problem is how induce Europe and the world to voluntarily accept and implement the teaching, vision, rights and values, which are propagated by the Church with reference to marriage and the family.
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Kościół, świadomy tego, że małżeństwo i rodzina są jednym z najcenniejszych dóbr ludzkości, a jednocześnie dostrzega zagrożenia pochodzące ze strony ustawodawstwa państwa i różnych instytucji. W ustawodawstwem i nauczaniu, Kościół chce pokazać ich pochodzenie, cel, cechy , znaczenie i wartość jaką posiada rodzina oraz zaoferować pomoc dla małżeństwa i rodziny w wypełnianiu swojego zadania i powołania. Przez nauczanie Kościoła chce podjąć wyraźne stanowisko wobec różnych niekorzystnych lub wrogich sił i systemów mających wpływ ma małżeństwa i rodziny, przypominając z mocą i siłą o wartości, zasad jakie posiada ta "instytucja" społeczna.
The reform of a process on the recognition of nullity of marriage, contained in the motu proprio Mitis Iudex Dominus Iesus of Pope Francis, clearly fits the new evangelization and it is, in relation to marriage and family, an important legal and pastoral element. Through the reform of canon marriage process the new evangelization gets even more power and a new spirit. It is also an expression of concern of the supreme legislator in the Church for spiritual good of divorced and remarried spouses who wish to regularize their marital status in the Church, and thus learn the truth about their marriage. They - as poor, or divorced - were put in the center of the reform of the process on the recognition of nullity of marriage. The Pope promulgating the new canonical procedural law relating to nullity of marriage follows the principle salus animarum suprema lex (can. 1572), which has always accompanied the Church and mainly into consideration salvation of souls. This important and fundamental principle of church law is implemented in specific regulations of the reformed process in which the faithful and their spiritual well-being seem to be paramount. The reform and new regulations of the Pope Francis go in this direction to simplify judicial procedures and thus speed up the processes on nullity of marriage, in order to serve the divorced and the remarried. The changes are also designed to facilitate contact between the faithful and church tribunals, which in turn is expected to contribute to solve a problem of conscience which makes life difficult for many people. As the Pope emphasizes, the changes introduced do not breach the principle of the indissolubility of marriage. On the contrary, this principle is juxtaposed with specific cases of invalid marriages. Conducting the process on nullity of marriage should take place in full respect of the nature of marriage, which is to respect the truth. The quest for it guarantees fair judgment, which becomes the realization of the law of love. The new rules, to bring the expected results, to meet its objectives, and to be introduced and applied in truth and justice, require a comprehensive, critical "consideratin" on the current functioning of the Church judiciary and openness to novelty they bring. Moreover, they need freedom of heart and mind of bishops, in a sign of collegiality - not in principle, but real, as well as new legal and pastoral structures (legal and family clinics), and also a change of mentality in the approach to the issues and problems of ecclesiastical judiciary system of diocesan bishops and employees of the Church judiciary.
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Zaprezentowana w najważniejszych elementach reforma procesu w sprawie orzekania nieważności małżeństwa, zawarta w motu proprio Mitis Iudex Dominus Iesus papieża Franciszka, wpisuje się jednoznacznie w nową ewangelizację i stanowi w odniesieniu do małżeństwa i rodziny jej ważny element o charakterze prawnym i prawno-duszpasterskim. Poprzez reformę kanonicznego procesu małżeńskiego nowa ewangelizacja nabiera jeszcze większej mocy i nowego ducha. Stanowi jednocześnie wyraz troski najwyższego ustawodawcy kościelnego o dobro duchowe małżonków rozwiedzionych i trwających w nowych związkach, którzy pragną uregulować swój status cywilny na forum kościelnym, a tym samym poznać prawdę o swoim małżeństwie kościelnym. To oni – jako ubodzy, czyli rozwiedzeni – zostali postawieni w centrum reformy procesu o orzekanie nieważności małżeństwa. Papież, promulgując nowe kanoniczne prawo procesowe o nieważność małżeństwa, kieruje się zasadą salus animarum suprema lex (por. kan. 1572), która zawsze towarzyszyła Kościołowi i która ma na względzie przede wszystkim zbawienie dusz. Ta najważniejsza i fundamentalna zasada prawa kościelnego znajduje realizację w konkretnych przepisach zreformowanego procesu, w którym wierny i jego duchowe dobro zdają się być wartościami nadrzędnymi. W tym kierunku idzie reforma i nowe regulacje papieża Franciszka, aby uprościć procedury sądowe, a poprzez to przyspieszyć prowadzenie procesów kościelnych o nieważność małżeństwa i w ten sposób służyć wiernym rozwiedzionym, żyjącym w nowych związkach. Zmiany te mają też ułatwić kontakt wiernych z trybunałami kościelnymi, co w konsekwencji ma się przyczynić do rozwiązania wątpliwości sumienia, które utrudniają życie wielu ludziom. We wprowadzonych zmianach – jak podkreśla papież – nie chodzi o naruszenie zasady nierozerwalności małżeństwa, ale, przeciwnie, o jej zestawienie z konkretnymi przypadkami małżeństw zawieranych w sposób nieważny. Prowadzenie procesu o nieważność małżeństwa ma się dokonywać z całkowitym uwzględnieniem natury małżeństwa, którym jest poszanowanie prawdy. Dążenie do niej gwarantuje sprawiedliwy wyrok, który staje się realizacją prawa miłości. Aby nowe przepisy przyniosły oczekiwane rezultaty i spełniły zakładane cele oraz zostały wprowadzone i zastosowane w prawdzie i sprawiedliwości, wymagają całościowego, krytycznego „zamyślenia” nad dotychczasowym funkcjonowaniem sądownictwa Kościoła oraz otwarcia na novum, jakie przynoszą. Nadto, potrzebują wolności serca i umysłu biskupów, w znaku kolegialności – nie z zasady, lecz faktycznej, a także nowych struktur sądowo-duszpasterskich (poradni prawnych i rodzinnych), również zmiany mentalności w podejściu do spraw i problemów sądownictwa kościelnego biskupów diecezjalnych oraz pracowników samego sądownictwa kościelnego.
The 4th Synod of the Warsaw Archdioceses was debating during the five-year period, between 19th March 1998 and 19th March 2003 when the Warsaw Church had been run by the primate of Poland, cardinal Joseph Glemp. He proposed, summoned and carried out the synod and promulgated its resolutions. The initiative of summoning the synod was connected with the need for overall renewal of the religious and moral life of the Warsaw archdiocese. The synod’s deliberations and its resolutions were to cause the betterment of the organization and functioning of administrative and pastoral apparatus in the archdiocese, to normalize the many issues concerning the church and religious life, as well as to improve the laity and clergy’s religious, social and moral level. To achieve, a wide representation of clergy, catholic laity and monks were engaged. The synodical resolutions with its jurisdictional and pastoral nature are signified by strong setting in the teachings of the Second Vatican Council, the Canon Law, the documents of the Holy See and John Paul II, as well as by the resolutions of the Second Polish Plenary Second and the instructions of the Conference of the Polish Episcopate. At the same time they refer to the tradition of the Warsaw archdiocese and remain fully opened for the “tomorrow” of the Church, evangelizing and pastoral objective. Furthermore they undertake, organize and regulate many difficult pastoral issues. Thus the synodical legislator contributed to the renewal, revival and activation of the church and administrative structures of the archdioceses, so they could serve to various pastoral, church and administrative assignments.
The sign of Church’s care in Poland about marriage and family is recently publication of Instruction priesthood of family through The Conference Episcopate of Poland. Its desire, in the presence visible and growing crisis marriage and family, to offer systematical help and support in priesthood of family. Collect, systematize and order principle and practice use in priesthood of family and propose new solution service conferment of marriage and family life new shape and size. Worth these essence, instructions and promises thoroughness to know, to study and to include in priesthood life the Church in Poland, and carry fruits in service family and marriage. Belong to hope that essences contents in Instruction miss to hearts and hands every priest and lay engagement in priesthood of family.
In the midst of numerous of controversy concerning the Eucharist in the history of Church, the way of taking the Holy Communion by the faithful comes to the lading place. It refers especially to the question of taking the Communion under two forms. For almost thirteen centuries, in Western Church, the usual and common practice of administering the Holy Com munion to the faithful was the Communion in form of bread and wine. On the turn of XII-th and XIII-th century, by means of custom, practice of Communion under one form - bread - became accepted and it has constituted the common rule for almost seven centuries, until The Il-nd Vatican Council, which decided to restore Communion under two forms within the limited range, and this was legitimized by Canonical Law Code from year 1983. Introduction of Communion on the form of bread was justified from one side by theological - practical reasons, but from the other side it constituted breach with primeval tradition of the Church, and first of all with example of Jesus Christ Himself from the Last Supper. This second moment became, on the beginning of XV-th century, a substantial element of considerations and polemics concerning the Communion, starting the movement for reclaim of Communion in two forms for the secular faithful. This movement appeared and developed it self in wide trend of Hussitism, and later it reappear with much stronger force in time of protestant reformation. Facing demands to introduce the Communion in two forms, the Church had to define its point of view and discipline in this question. It was basically expressed in resolutions of councils, decisions of popes and the Apostolic See. The movement demanding introduction of Communion under two forms had also wide repercussion in Polish synodal legislation, which had the goal to enforce common law that refer to a way of taking the Holy Communion. Synodal legislators, based on the law, determined common law principles, which should be observed and followed within the range of administering the Holy Communion. Controversial question of Communion under two forms was not a subject of interest of too many provincial or diocesan synods. It resulted from the fact, that not in every dioceses of Poland in those times, idea of Communion under two forms was as strong, thus requiring to be regulated by the law. Such resolutions were passed by these bishops, whose dioceses were exposed in bigger degree on Hussite influences first, and protestant influences later (it applies to the following dioceses: chełmska, wrocławska, włocławska and chełmińska). Resolutions of synods of these dioceses were essentially justified, definitive, unequivocal and calling to observe specific way of administering the Communion under form of bread.
The introduce analysis the synodal resolution of the dioceses of Włocławek on space eight centuries on angle dean’s office, its authorization, duty and tasks in diocese, give conviction haw important is this office and necessary to realization religious mission of Church and his spiritual mission. From the beginning formation this office, through its evolution and actual obligatory norms of canon law, this office always write in mission of Church, joint action in realize and many methods activity community of the People of God. Moreover office of deans, definite authorizations and obligations always have on in view help of the diocesan bishop in performance pastoral service in particular Church. The deans as representative of presbytery the Włocławek Church, in light discussion rules of Włocławek synodal legislation, had belong and belong to nearest and most trustworthy collaborators of the diocesan bishop and have very important part in structure of this Church. The synodal legislation of Włocławek made and make with dean assistant of the diocesan bishop, mediator between the diocesan bishop and the diocesan curia, and priest and faithful deanery in specified matter. In the beginning dean introduced synodal legislation and orders of the diocesan bishop in life denary and individual parishes, was guardian of faith, customs and discipline. After the Council of Trent this office took bigger meaning and not limit to function control and inspect work priest in deanery, but also administrative in design assistance of the diocesan bishop in control of the diocese. After the Council of Vatican II to duty of the dean join pastoral duty in deanery. On the person dean and his service in big degree depend realization of mission of the Church. The synodal legislation of Włocławek made for detail designation function and assignment of deans servant designs inspection and administration-pastoral of the Włocławek Church. In they light office and service dean had and has take for this, that under leadership of the dean all priest in deanery commit in priesthood realize priest and pastoral vocation, realize duty result with leadership of parish, take cooperation, with fruit will be animation religious and pastoral life in the particular Church, and also will be realize – peaceably with rules of cannon law – service pastoral, sanctify and teaching of faithful.
Synod legislators from Wloclawek, while determining in detail the rights and duties of the deans, wanted them to guarantee increase of discipline, morality and Ethics amongst the priesthood as well as to contribute to revival of priesthood and were the tool of introduction into parish life the common, provincial and diocesan law. First of all, the following synods: bishop’s Stanislaw Kamkowski (1568) and bishops’s Hieronim Rozrażewski (1585,1586,1589 and 1598) as well as synods of bishop’s: Pawel Wolucki’s (1617, 1620 and 1622), Andrzej Lipski; s (1628) and Maciej Lubienski’s (1634) had decisive influence on from of dean’s office in Wloclawek diocese, its functioning and tasks. Amongst the tasks and duties of the deans, decanal congregations had very important role and greatness. They were considered as important tool of forming church discipline amongst the priesthood by oil Wloclawek’s synods post-trident period undertaking this subject. Synod legislators, referring to regulations of Trident Council, to Pastoral of cardinal Maciejowski and to resolutions of provincial synods, had obliged the deans to regular conventions of decanate priesthood as assemblies two times a year and they determined in detail the course, role and tasks of these decanal assemblies. By paying big attention to them in synod’s resolutions, they realized, how significant they role can be in revival of priesthood and increase of priesthood church discipline. Analyze of Wloclawek synod legislation allows to native in it certain continuity, when we are talking abut the contents of statutes dispositions. Bishop Stanislaw Kamkowski, a big protagonist of introduction of Trident reform into Wloclawek Church life, on his first synod in 1568 had initiated decanal congregations as meetings that gather priesthood, on which the dean was entitled to examine the decanate priesthood from education and existence and he had a duty to devolve necessary knowledge from theology and law. Merit of bishop Hieronim Rozrażewski was reactivation of decanal structures, revival and increase of the range of dean’s office as well as detailed determination of tasks and duties of deans, including those which are referring to congregations. On the base of legal norms of these two bishops, the following bishops: Pawel Wolucki and Andrzej Lipski had built legal regulations referring to dean’s office, structures and decanal congregations and also they had made more detailed. Bishop Maciej Lubieński, on synod in 1634, took care of decanal congregations to the highest extent. His directives included in synod’s resolutions can be called instruction for these meetings, however those directives were never called that way. In should be admitted that Trident reform within the range of revival and stimulation of decanal structures, amongst the others, thanks to reinforcement of dean’s office, determination of its duties and tasks and thanks to decanal congregations, found the appropriate understanding in synod legislation in Włocławek. It should be also supposed that in the second half of XVII century and later, after cessation of synod activity in Wloclawek diocese, dean’s office has been still developing and it played important role in priesthood and decanal congregations along with it.
Ecclesiastical jurisdiction in Poland is a subject that has not been well studied. This article attempts to approach the beginnings and development of ecclesiastical jurisdiction in Poland by examples of the general and regional Włocławek Church official’s offices. At the beginning of the Church in Poland the bishops personally hed jurisdiction or they benefited from the help of priests that held a position closest to them that is archdeacons. The evolution of jurisdiction at the end of the XII century, as well as the insurance of an efficient court system in the Church, caused the Bishops to appoint steody judges. As even further impact on the development of jurisdiction in the Polish Church was caused by the IV constitution of Innocent Romana Ecclesia, from 1246, which specified the legal status and the competence of an official. The need for an efficient court system that in addition to the general official who hed his tribunal, the consistory, caused the bishops to also appointed Foral officials for a specified part of the dioecese and for certain categories of matters. These Foral officials had their own offices called Foral consistories or regional consistories. The largest diocese of Cracow and Gniezno had the most extent network of Church official’s offices. The diocese of Włocławek can be indudet as one of the leading diocese in the area of ecclesiastical jurisdiction. The general Church official’s office in Włocławek was established most probably as early as in the XIII century but archival records start in 1422. The Włocławek diocese, as the first in Poland, had a regional Pomeranian Church official’s office as early as 1289. Other dioceses established regional Church official’s offices as late as the end of the XIV century. The liquidation of regional Church official’s offices occurred in the beginning of the XIX century and from that time only general Church official’s offices functioned in the capitol of the diocese. This was a result of a reorganization of the administrative division of the Church in Poland that took place in 1925.
“Right to defence” in canonical process for nullity of matrimony results first of all from natural right and it is strictly connected with the dignity of human being, recognition of which requires to respect and defend human’s rights. Each man has a right for defence. This right belongs to the rights related with human being and it precedes each codified statutory law. It is basic and fundamental right resulting form existence of other fundamental rights, protection of which should be guaranteed in the Church. Keeping this right is necessary for realization of justice and objectivity of the process. Norms of this law guarantee to the litigants inviolable right to defence in cases for nullity of matrimony, they promote this right and underline its importance and meaning as well as its precise application to clarify the truth of objectively conducted suit. Canon process law distinguish two distinctions: right to defence and exercising the right to defence. Litigants have the rights to defence guaranteed in all stages of the suit: starting the proceedings and initiation of dispute, in stage of showing the evidence, discussion as well as in decision stage and attacking the judgment phase. Exercising the right to defence the litigants can support themselves using such suit figures as: guardian, attorney in fact and lawyer. It is important, so as in the suit for nullity of the matrimony, a contention suit rule was kept, which requires keeping the right for defence to each litigant. These guarantees apply in special way to citation act, notifying about subject of dispute, possibility to present different evidence means, publishing the records of the case, presentation of applicable defences, publication of sentence and its appeal. Right to defence also allows the tribunal conducting the case to get to the truth about validity of questioned matrimony and to pass the sentence by the judge. Furthermore it guarantees to the faithful the right to know the truth about their matrimony. This right should be always interpreted in context of duty the litigants have regarding searching for objective truth about their marriage. This means guaranteeing to litigants their basic process rights.
The Chapter Cathedral of Włocławek its beginning go back first half of XII centuries and justly be numbered to the oldest chapter in Poland. Her start to go back Chapter of Kruszwica. The Chapter of Włocławek entry in qualifications of the Chapter of Kruszwica consequently transfer the capitol of diocese from Kruszwica to Włocławek. The Chapter of Włocławek come into being about 1148 years. Her history is reach and testify her signify in life of the Włocławek Church the past, in particular assistance the bishop in management of diocese. The change in canon law after the Council of Watykański II and the next in the Code of Cannon Law from 1983 years results that the law statutes of chapters – also Włocławskiej – undergo radical change. The Chapter stop was the assist organ of dioceses bishop in management of dioceses, while stay her decision and consultative character chapter stand the council of priest meritorious for dioceses. The dignity of canon should be grant to priests distinguish honest life, virtue, science, zeal and care about Church. In new law reality the Chapter Cathedral of Włocławek, though destitute now most ancient qualification and competence, lake important element in structure of Włocławskiego and Polish Church. Testify about her statutory law, assignments obligations and also fact that in Poland not destroy chapters but reactivate old and create new council of chapters.
Il Tribunale Diocesano di Włocławek ha pronunziato la sentenza affermativa / “constat de nullitae matrimonii” / nella causa di nullità del matrimonio dal titolo della esclusione della fedeltà matrimoniale dalla parte del convenuto. Quella sentenza viene pubblicata “in extenso”.
Important and significant person in the church reform and reception the Trident reform in diocese of Włocławek is person of the bishop Stanisław Karnkowski (1567-1581), next arcbishop gnieźnieński and primate of Poland (1582-1603). Through his two synods of the dioceses of Włocławek of 1568 and 1579 and another acts law-priesthood introduce the reform of Trent and increase change the face of the Włocławek Church. Karnkowski realize, that renovation of priesthood and reparation religious life must to have beginning in reform of the clergy, to keep church discipline and instruction control sacramental life. About this he take care in legislation and pastoral activity. Among the rich problems of the two Włocławek synods and another law-priesthood acts, such as The collection of the synods constitutions of 1579 and Admonitiones, many places Karnkowski as bishop of Włocławek dedicated of performance and receive of the sacraments in this principally the Eucharistic. Through his law-priesthood activity Karnkowski to wish order whole question related with Eucharistic sacrament, his performing, receiving, keeping and cult. This activity was systematic wide and totality. Its refer to the activity exclusively law, intend to do universal of Eucharistic. This activity had practical character, because to serve renovation priesthood in spirit of the Trident Council and increase to know through the clergy problems connected with morality theology, sacramentaly and liturgy. Noteworthy is wide base synod resolution and another law-priesthood acts on the decree of Trident Council as for testify about great care of the bishop Karnkowski abut introduce Trident reform in diocese Włocławek life. Analysis the above acts of law and another activity authorize to find that Karnkowski to wish that perform and receive this sacrament to be celebrated in harmony with Trident norms, thus through his activity to increase to rebirth religious and sacrament life.
Synodal practice in Włocławek diocese in period before Trident Council has rich and interesting history. Synodal activity since the very beginning had been written into the life, activity and development of Włocławek’s Church and synods played very important ecclesial, legislative and organizational role for that local Church. Thanks to care, efforts and work of synodal legislators – Włocławek’s bishops as well as dispositions and orders included in synodal resolutions, religious, sacramental and disciplinary life was formed of the faithful clerical and secular people as well as organization and structures of diocese. Synodal statutes were basic reference point for the priesthood, administration and Church judicature. In period before Trident Council, calling and holding of at least twenty nine dioecesan and partial synods can be noted in Włocławek’s diocese. This number is probably a lot higher, especially if we are talking about the XIV-th century, but conquests of Teutonic Knights, the wars, annexations and unfavourable political conditions caused that news about synods and their statutes have not lasted till contemporary times. From twenty nine held synods of period before Trident Council, we know the redolutions of only ten of them. Not always are complete synodal statutes, because aften there ore only fragments of resolutions or letters of bishops calling the synod, or other documents presenting synodal orders. In the resolutions of synods held before Trident Council, synodal legislators undertook wide and important range of legislating, administration and judiciary cases, which they wanted to implement into the life of diocese. They were important instruments for Włocławek’s Church of that period, making management of large dioceses easier and more efficient, as well as they allowed bishops to introduce common and provincial law into life his dioceses, adopting in to local conditions. They created also a possibility to deal witch needs, which occurred in the diocese in relation to organization of church structures, religious life of the faithful secular people, task, rights, duties and discipline of priesthood, case connected with performing and taking the sacraments or managing the church prosperity. Their goal was also to watch over the purity of faith, announcing to the priesthood over the purity of faith, announcing to the priesthood the ordinance of The Holy See and resolutions of Provincial Synods as well own orders and instructions from diocese bishop, adjudicate especially complex or important disputes or especially official condemnation of faults or misdemeanours.
L’autore presenta e commenta la suddetta sentenza („non constare”) emanata in terza istanza (la prima il Tribunale Ecclesiastico di Włocławek „non constare”, invece la seconda: il Tribunale Metropolitano di Gniezno („constare”).
Amongst many legal and disciplinary warrants and orders of Trident Council (1545-1563) which undertook energetic action to reform and revival of the church, there was a Cum adolescentium aetas decreefound, accepted on May 8th 1563, orduring to the bishops to create theological seminaries. This decree also changed the from of preparation of candidates for priesthood. Implementation into being and realization of Council’s resolutions, including the decree for theological seminaries, was depended in big extent from personal involvement of the bishops. The most effective tool for realization of Tridentinum resolutions by the bishops in individual dioceses were Diocesan Synods, pointed anyway by the Council itself as important factors of the reform. Trident reform, within the range of priests preparation for priesthood in Włocławek Diocese, found favorable conditions and resulted already in 1568 with foundation, and in 1569 with erection of diocesan seminary in Włocławek by bishop Stanislaw Karnkowski, later the primate. This seminary went through different difficulties and not always was able to fully fulfil its function. However thanks to efforts and care of Stanislaw Karnkowski’s successors, especially bishop Paweł Wolucki and Maciej Lubieński as well as the chapter, this seminary prepared candidates for priesthood according to Tridentinum spirit. Also the other seminary, called Schothand or Gdańsk seminary was to serve for that purpose, and this seminary was designated to educate candidates for holy orders inpart of Pomerania diocese, and those ones who contributes the most to this idea were bishops Hieronim Rozrażewski and Paweł Wolucki. Formation of the candidates for holy orders was outhined mainly by the following synods: Stanislaw Karnkowski’s from 1568, Wojciech Baranowski’s from 1607, Paweł Wolucki’s from 1620, Andrzej Lipski’s from 1622 and 1628 and Maciej Lubieński from 1634 and 1641. These synods, according to spirit of Trident decree, determined detailed requiremants set for aspirants for priesthood as well as they determinal wurse of the formation leading to priesthood. Big credit should be granted to initiative of bishops: Karnkowski, Baranowski and Wolucki in reference to field of awaking and shaping the priest vocation. All three men mentioned above displayed their understanding not only to dispositions and orders of Trident Council but also to real needs of the diocese. Through synod legislators who made legal regulations, the big care and concern appeared that the diocese would get well prepared and to same extent versatile formed priests for priest’s service.
In the history of canon law, as well as like in history of many other forms and aspects of ecclesiastical life, Trident Council (1545-1563) was of a great importance. Renovation work initiated by Council, thought as remedy for crisis situation intensified by reformation outbreak, was without any doubts a turning point not only in history of church legislation, but also in the history of Church itself. For hundred and forty years from ending of the conference of Trident Council is an occasion for discerning reflection over the role and importance of votes of that significant and grave event in the history of the Church, which was a great gift of the Spirit presented to the Church in hard times of XVIth century and turning point that started big, needed and salutary reform and renovation of the Church. Trident formed and changed the visage of Catholic Church more than any other ordinary Council except of The Und Vatican Council. The other Councils, despite their significance, influenced only specific areas of Church life, impressing their impact on them. It set a new direction and shape to the whole historical epoch. It was this Council that formed „catholic confession Church”, it gave him an order and shape in doctrinal and disciplinary area. Legal resolutions of the Council had first of all reformative character. Besides passing the resolutions, which had fundamental importance for Church’s work, as residency dictation, ban of benefices accumulation, establishing the clerical seminary, enforcing the obligatory legal form of marriages contracting or reform of religious law, the Council implemented all line of improvements and institutions started by Apostolic Capital. The great gift of the Spirit, reforms and renovation presented to the Church of the half of XVIth century in resolutions of Trident Council was to release comprehensive trend of assimilation by individual countries, nations, church’s provinces and dioceses the basic decrees and resolution, which were taken by Council’s fathers. Before everything else, situation that the Church winded up in required all that, because Church was from one side menaced by developing reformation, from the other side it was afflicted by crisis of its structures and institutions, collapse of discipline of priesthood and declining religious life. This situation forced to take on changes and reforms programmed by the Tridentinum and which concern widely understood religious renovation referring to priesthood and secular congregation, as well as Church structures themselves. In the same time, the point was both to correct recognition of totality of Council’s reformatory resolutions and to definitely implement them and enforce into life of mentioned church units. Acceptance of Trident resolutions meant the beginning of reforms on many areas of church and religious life. So no wonder, that efforts of popes from the end of XVIth century and the subsequent centuries were directed to propagate a conviction in Church’s consciousness, that Tridentinum should be recognized as not only the ultimate principle of faith, but also as rule of church discipline. Norms established earlier were integrated, specified and updated by Trident becoming a significant motor of further legislative activity of legislators in the Church. On the Council, foundations for development of modern canon law and its application in the Church were also set. Hereof, taking this all into consideration we can state, that this Council is a beginning of a new epoch for history of canon law. Its resolutions explained and determined dogmatic matters, strengthened organization and discipline in the Church, gave a new impulse to maintain shaken internal cohesion of the Church and created convenient conditions to take up offensive priestly action on wider scale. Thus they had significant impact on four centuries of life, activity and history of the church.
The resolutions and edicts of the Council of Trent (1545-1563) made some requirements to acquire and implement into force the regional Churches. A reception of reforms of Trent was now carried out by legislative and pastoral activity of bishops - administrators of the dioceses. In the Diocese of Włocławek (these days called Kujawsko-Pomorska Diocese) the reception of Tridentinum at this very beginning time hoppened on ardour, wise and hearty advocate of Church’s revival, it’s structures and hierarchy - bishop Stanislaw Karnkowski. He realised so well, that revival priesthood and reforming the religion’s life must come from the point of clergy’s reforming, keeping the ecclesiastical and revival of sacramental life with instructing the truth of faith. He striven for this by legislative during diocese’s synods held in 1568 and 1579. He supported legislative and pro-reforming activy by issuing his legislative set and also „Reprimands” and „Admonitiones” - liturgical agenda, useful for iniform the liturgy, so helpful for priests. In 1569 he fouded theological seminary in Włocławek. Deep analysis of his legislative activity must lead into conclusion, that he laid the fundations of the new structures for religion’s, priesthood’s and church’s life established by the Council of Trent. Bishop Karnkowski - being the bishop of Włocławek and then the Metropoliotan of Gniezno - was characterised by great legislative activity. The acceptance of Trent’s resolutions in Kujowsko-Pomorska Diecese and also during province’s synod in Piotrkow held in 1589 presided by bishop Karnkowski, was a base for further reforming of religion’s life in the Polish Nation and conducted to the intensification and development of the synod’s activity in the dioeceses, also in the Diocese of Włocławek.
The church archives are a product of church institutions that collect and maintain testimonies about the past ownership and legal, church and pastoral activity of church legal entities. They are not only cultural goods, bat also real church goods which, in response to cultural and pastoral requirements, are to be protected and properly assessed inaccordance with canonical norms. Hence, the ecclesiastical legislator, universal or particular, issued appropriate legal norms regulating this area of church life and activity. The presented legal norms relating to church archives have adopted many regulations that were in force in the normative acts of the former Code of Canon Law 1917. They specify that every church institution is obliged to keep files and documents related to it. The diocesan bishop is obliged to take care of the preservation of documents and files that were produced in institutions subordinate to him. He is to supervise these archives. In the central institution of a particular Church, which is the diocesan curia, there should be there archives: current (diocesan), secret and historical. The latter archive is a new type of archive, which was introduced by the currently binding Code of 1983. This archive should be erected by the diocesan bishop and records and documents of historical value should be kept in it.
PL
Archiwa kościelne są wytworem instytucji kościelnych, które gromadzą i przechowują świadectwa dotyczące przeszłości stanu posiadania i działalności prawno-kościelnej i duszpasterskiej kościelnych osób prawnych. Stanowią nie tylko dobra kultury, lecz także są prawdziwymi dobrami kościelnymi, które w odpowiedzi na wymagania kulturowe i pastoralne mają być chronione i właściwie oceniane z zachowaniem norm kanonicznych. Stąd prawodawca kościelny, powszechny czy partykularny, wydawał stosowne normy prawne regulujące tę płaszczyznę życia i działalności kościelnej. Zaprezentowane obowiązujące normy prawne odnoszące się do archiwów kościelnych przejęły wiele uregulowań, które obowiązywały w aktach normatywnych dawnego Kodeksu prawa kanonicznego z 1917 r. Określają one, że każda instytucja kościelna ma obowiązek przechowywać akta i dokumenty, które jej dotyczą. Biskup diecezjalny zobowiązany jest dbać o zachowanie dokumentów i akt, które zostały wytworzone w instytucjach jemu podległych. Ma on sprawować nadzór nad tymi archiwami. W instytucji centralnej Kościoła partykularnego, jaką jest kuria diecezjalna, powinny funkcjonować trzy archiwa: bieżące (diecezjalne), tajne i historyczne. To ostatnie archiwum jest nowym typem archiwum, które wprowadził obecnie obowiązujący Kodeks z 1983 r. Archiwum to powinien erygować biskup diecezjalny i przechowywane w nim powinny być akta i dokumenty, które posiadają wartość historyczną.