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Exemption

(283 words)

Author(s): Rees, Wilhelm
[German Version] refers in Catholic canon law to the exclusion of natural or juridical powers, or of regions, from the normal organization of the church and their subjection to the jurisdiction of a higher-ranking or a specifically instituted authority. The CIC recognizes exemption in the system of orders (c. 591; CCEO c. 412 §2; c. 586: autonomy; brotherhood of Peter), the exemption of regions (free abbeys and prelatures [c. 370]; see also Military chaplaincy) – although t…

Abjuration

(77 words)

Author(s): Rees, Wilhelm
[German Version] designates in canon law renunciation in cases of apostasy (Apostate), heresy and schism (c. 2314 CIC/1917), as well as the conversion of a non-Catholic Christian (Church membership). Today, reconciliation in offences of the faith, leaving the church, and conversion, as regulated by local church law (cc. 751 and 1364 CIC), requires the deposition of a confession of faith. Wilhelm Rees Bibliography W. Rees, “Die Strafgewalt der Kirche,” KStT 41, 1993, 88–96, 228f., 426–429.

Church Levies

(268 words)

Author(s): Rees, Wilhelm
[German Version] (or “taxes” from Lat. taxare, “to test, evaluate”), legally, are emoluments for specific services on a legal basis. In contrast to requested support ( subventiones; c. 1262 CIC/1983), diocesan taxes or dues ( tributum; cf. c. 1263 CIC/1983), the seminary tax (canon 264 CIC/1983; Seminary), mission offerings (c. 791, 4o CIC/1983) and church taxes, fees ( taxae) are levied for voluntary acts of executive authority (administration) or the execution of rescripts of the Apostolic See (to be established by the provincial bishops' assembly; cf. c. 1264, 1o CIC/1983), also …

Indult

(78 words)

Author(s): Rees, Wilhelm
[German Version] Indult, from Lat. indulgere, “be lenient, grant.” In Catholic church law indult is the granting of a usually temporary exemption from a legal requirement (Dispensation, Privilege) by a bearer of sovereign leadership authority (cf. e.g. CIC [1983] cc. 306; 320 §2; 684 §2; 692; 727f.; 743; 995; 1015 §2; 1019 §2; 1021). Wilhelm Rees Bibliography KanR I, 1991, 256f.; 505, n. 8 I. Riedel-Spangenberger, Grundbegriffe des Kirchenrechts, 1992, 133 A. McCormack, The Term “Privilege”, 1997.

Reservation

(324 words)

Author(s): Rees, Wilhelm
[German Version] is the restriction or deprivation of powers of a subordinate officeholder in accordance with an objection (devolution, prevention) pronounced by a higher authority (pope, bishop, episcopal conference). Decisions regarding ecclesiastical offices and church governance are reserved to the pope or Holy See (public associations: CIC/1983 c. 312 §1; particular churches: c. 373; ecclesiastical provinces: c. 431 §3; episcopal conferences: c. 449 §1; ecumenical councils: c. 338; the episcopal synod: c. 344; cardinals: c. 351; nuncio…

Quinquennial Faculties

(179 words)

Author(s): Rees, Wilhelm
[German Version] In the language of canon law, quinquennial faculties (from Lat. quinquennalis, “every five years”) denotes the special powers that were conceded to diocesan bishops by the Apostolic See for a period of five years. This institution was in effect from the period of Catholic restoration until the restructuring of the dispensation system in the period following Vatican II; it was tied to the bishops’ quinquennial reports (cf. CIC/1983 c. 399; CCEO c. 206; CIC/1917 c. 340). The faculties involved dispensations (mixed marriage), acts of clemency (Indulgence)…

Suffragan, Suffragan Diocese

(97 words)

Author(s): Rees, Wilhelm
[German Version] (from Lat. suffragium, “support, right to vote”). In Roman Catholic usage, a suffragan is a diocesan bishop subordinate to a metropolitan ( CIC/1983 cc. 435–437; cf. CCEO cc. 133–139) within an ecclesiastical province ( CIC/1983 cc. 431–446; cf. LG 23, para. 4; CD 39f.). The diocese is called a suffragan bishopric. Wilhelm Rees Bibliography H. Paarhammer, “Kirchenprovinz – Metropolit – Provinzialkonzil,” in: idem, ed., Uni trinoque Domino. FS K. Berg, 1989, 469–496 O. Stoffel, MKCIC cc. 431–446 (as of August 1997) KanR 2, 131997, 309–312, 349 H. Maritz, “Die Kirche…

Mensa/Mensal Revenue

(287 words)

Author(s): Rees, Wilhelm
[German Version] Mensa/Mensal Revenue, Lat. mensa, English “table, meal,” is church property set aside for the personal support of the bishop ( Mensa episcopalis) or of the chapter ( Mensa capitularis). The mensa developed from the 9th century onward out of the originally undifferentiated property of the church in order to meet the personal needs of clerical communities and individual office holders. Being a separate estate, it was not accessible to third parties. As a consequence of the secularization of 1803 in Germany, th…

Legates

(197 words)

Author(s): Rees, Wilhelm
[German Version] (apostolic), from Lat. legare (“to dispatch/send someone”), are representatives of the Apostolic See in local churches, states, as well as at international organizations and conferences. Conciliar reform impulses ( CD art. 9f.) led to a reorganization through Pope Paul VI's motu proprio Sollicitudo Omnium Ecclesiarum (Jun 24, 1969; AAS 61, 1969, 473–484) and the CIC/1983 (cc. 362–367). The primary function of the legates is to enable communication between the pope and the local churches (c. 364); their secondary function is to act as…

Tonsur/Tonsura (Corona) clericalis

(167 words)

Author(s): Rees, Wilhelm
[English Version] bez. im lat. Kirchenrecht das Ausscheren des Haupthaares bei (Ordens-)Klerikern als Zeichen der Übereignung an Gott oder die dadurch entstandene kahle Stelle. Sie bildete im Unterschied zu den kath. Ostkirchen (vgl. IOpers [ostkirchl. Personenrecht] c.38 § 1, 1°: AAS 49, 1957, 448) als prima tonsura (ordo ad faciendum clericum) den Zugang zum Klerikerstand (vgl. c.108 § 1 CIC/1917; C.12 q.1 c.7 Liber extra [X] 1.36.6; Inkardination; Ordo/ Weihe). Bereits während der Geltung des C…

Ordinariat

(137 words)

Author(s): Rees, Wilhelm
[English Version] ist im Sinne der vom kirchl. Gesetzgeber geforderten Funktionstrennung (z.B. c.135 CIC/1983; c.985 CCEO; Jurisdiktion) neben dem Diözesangericht (Konsistorium) jene Behörde der Diözesankurie (vgl. cc.469–494 CIC/1983; cc.243–263 CCEO), die unter der Leitung des Generalvikars (vgl. c.475 CIC/1983) der Verwaltung der Diözese dient (auch als Generalvikariat bez.; Bistum). Gefordert sind ein Kanzler, ggf. weitere Notare, ein Vermögensverwaltungsrat und ein Ökonom (Vermögensrecht, kir…

Nuncio

(283 words)

Author(s): Rees, Wilhelm
[German Version] (inter-nuncio). Nuncios are papal envoys who are permanent representatives of the Holy See both to local churches and to national governments or public authorities, and have diplomatic status according to the norms of international law (cf. CIC 1983, c.363 §1; Legates). Nuncios belong to the first diplomatic rank and are always doyen of the diplomatic corps (cf. Vienna, Congress of). Without this precedence, papal envoys have the title of pro-nuntio or inter-nuntio (legates of the second rank). In addition to tasks within the church (cf. CIC 1983, c.364), the nunc…

Scharnagl, Anton

(175 words)

Author(s): Rees, Wilhelm
[German Version] (Nov 15, 1877, Munich – Jan 19, 1955, Munich), Catholic theologian. After studies in Munich and Bonn, he was appointed professor of canon law at the Graduate School of Philosophy and Theology in Freising in 1911. He was a deputy in the Bavarian Landtag from 1919 to 1933. He played a part in the signing of the Bavarian concordat, the founding of the Bavarian associations of diocesan priests, and their centralization in the Bayerischer Klerusverband. He was appointed auxiliary bishop of the archdiocese of Munich and Freising in 1943. Wilhelm Rees Bibliography Works include…

Enclosure

(280 words)

Author(s): Rees, Wilhelm
[German Version] (clausura; from Lat. claudere, “to close”) is the term in Cath ecclesiastical law for the area of a monastery building that is exclusively reserved for the members of the community, and which members may not leave, or outsiders enter, depending on the stipulations that apply in each case. In non-contemplative institutions an enclosure adapted to the character and mission of the institute, and in accordance with its own laws, has to be observed ( CIC/1983 c. 667 §1; CCEO c. 477). Contemplative monasteries require a stricter system ( CIC/1983 c. 667). For nuns, the …

Anathema

(153 words)

Author(s): Rees, Wilhelm
[German Version] The word “anathema” originally meant an offering consecrated to a deity, or a curse (Blessing). Anathema as banishment or exclusion from the community was a common practice before Christianity, which adopted it as a disciplinary measure after the analogy of the OT ban and the practice of exclusion at Qumran. In the penal code of the church, “anathema” referred to excommunication, especially when solemnly imposed as provided in the Pontifcale Romanum ( CIC 1917, c. 2257, §2). This form of excommunication was not included in CIC 1983. Neither does the formula anathema sit

Constitutions, Apostolic

(130 words)

Author(s): Rees, Wilhelm
[German Version] In the Catholic Church, the term constitutions (from Lat. constituere, “set up, appoint”) refers to the decrees of a pope or council (cf. CIC/1983, c. 754) as well as the statutes of religious orders. Today, it is used primarily for statutes decreed ¶ by the pope as Constitutiones apostolicae in the style of an ordinary bull (Bullae) and administrative actions by the heads of curial offices. In the law governing religious orders, the statutes of institutes of consecrated life, secular institutes, and societies of the apostolic life are called constitutions. Wilhelm Ree…

Tonsure

(183 words)

Author(s): Rees, Wilhelm
[German Version] In Latin canon law, tonsure denotes the shaving of the hair of a (monastic) cleric as a sign that he belongs to God; it can also denote the resulting bald area. Unlike in the Uniate Eastern Churches (cf. Ius Orientale, De personis c. 38 §1, 1°: AAS 49, 1957, 448), as prima tonsura ( ordo ad faciendum clericum) it constituted admission to the clerical state (cf. CIC/1917, c. 108 §1; C. 12 q. 1 c.7 Liber Extra [X] 1.36.6; Incardination, Consecration/Ordination/Dedication). Even under CIC/1917 it was already being discontinued (cf. CIC/1917, c. 136 §1); postconciliar legi…

Antistes

(102 words)

Author(s): Rees, Wilhelm
[German Version] (Lat. anti-/antestare, to be at the head of, to deserve priority), in pre- and post-Christian times indicates the head of a cultic community, later also bishops, abbots, and the pope. In the reformed state churches of Switzerland, Antistes was the title of the highest cleric in the city. “Antistes Urbanis” (prelate of the papal house) was eliminated in the reform of the papal house (Mar 28, 1968). Antistes occurs in the liturgy and in the CIC (c. 667 § 4: antistita). Wilhelm Rees Bibliography M. Gelzer, RGG 3 I, 1957, 459 D. v. Huebner, LMA I, 1980, 725f.

Consultation

(181 words)

Author(s): Rees, Wilhelm
[German Version] (Lat. consultare, “ask for advice”) in Catholic canon law means the seeking of advice that preserves the ultimate responsibility of the seeker, yet at the same time involves that person in a collegial conferring process (cf. Priests' council College of Consultors [Consultors, College of], Diocesan Income Administrative Council, Diocesan Pastoral Council; Diocesan synod). Canon 127 CIC/1983 (c. 934 CCEO) standardizes the agreement rights of third parties. Consultation grows out of the communio structure of the church, as wel…

Exclaustration

(143 words)

Author(s): Rees, Wilhelm
[German Version] is the temporary separation of one who professes eternal vows (IV) from an institutional order. Exclaustration differs from secularization ( CIC cc. 688–693). It can result at the request of the one who professes or by compulsion for very serious reasons ( CIC c. 686, cc. 489, 490; CCEO 548). Exclaustration does not free from the vows, but from duties that are irreconcilable with the new situation. It invalidates active and passive electoral rights ( CIC c. 687). Wilhelm Rees Bibliography P.V. Pinto, “Exclaustratio et Absentia a domo des religieuses,” StCan 11, 1977, …
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