Those are helpful observations.
So, am I understanding correctly that all Catholics of the Latin Church are bound by the Canons of the Latin Church “Can. 1 The canons of this Code regard only the Latin Church”, seems evident, including Can. 919 §1, §2, §3 but some (many?) who are assisting in the EF of the Roman Rite have a pious practice of making the Eucharistic fast three hours?
Yes. All Latin Catholics are bound by Canon Law of 1983, not 1917. You can only follow the law of 1917 that are repeated in the Code of 1983, that are not in conflict with the Code of 1983 or that were never abrogated. In the latter case, the codes tell you. They always make some comment that makes reference to custom.
Also, it is wrong to impose rules on people that are not in the Code. To tell people that they have to fast more than the required hour is contrary to the mind of the Church. It is wrong, not because there is anything bad about fasting longer. A person can choose to do that. It is wrong, because the person doing the telling is setting himself up as an authority equal to that of the pope who is the only Law Giver in the Church.
This applies to many things. If the Church says that you can do it, it is wrong to tell people that they cannot or should not. Again, the teller is setting himself up as an authority equal to that of the Law Giver. Whether it’s the pope, the local bishop or the major religious superior, if he authorizes something that is within his competency to authorize, one must accept that ruling.
What has to be understood is that one need not do everything that is allowed. The term is very clear “allowed”. It is not being mandated. But one cannot redirect another person who is doing what is allowed. I can do this in reverse. I cannot tell a Catholic who like the EF that he should not attend it, because of ABC. There is no obligation to attend the EF, but it is allowed. Therefore, I have no right to discourage someone from doing so.
Whatever is in that code binds all Latin Catholics. If it’s a command, we do it. If it’s a prohibition, we don’t do it. If it’s a permission, we allow others to do it and we don’t discourage or interfere.
There is also another point of Tradition, with upper case T. If the pope says that a certain canon does not apply to you, then it does not apply and it’s not considered an injustice. For something to be an injustice it has to violate your human rights or your legal rights. If the pope says that a law does not apply to you and that you cannot invoke it, then your legal rights have not been violated. You have simply misunderstood the law, which happens often in civil and ecclesial law. This is upper case Tradition, because it goes back to the authority to bind and unbind.
I’m curious why three hours? It’s such a short fast there must be a reason for choosing that. Are you saying in 1962 the Eucharistic fast was only 3 hours? I wasn’t Catholic in 1962 but I know that during my childhood in the '50s my Catholic best friend was strictly forbidden to eat, or even drink water before morning Eucharist, from the night before. The nuns in my community covered the water faucets at the school and church so no one could use them.
The fast before Holy Communion has always been in a state of flux since the early days of the Church. From what I can gather, it seems to have always existed. However, the number of hours has never been consistent. There were always differences between East and West. In the West, it has been changed several times. It was no eating after midnight, then no eating three-hours before, then no eating one hour before. In between there, over the past 2,000 years, there have been different rules, most of which were changed quickly, as was the three-hour fast. I don’t think that rule lasted 10-years.
Fraternally,
Br. JR, OSF
