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Affiliation

(90 words)

Author(s): Rees, Wilhelm

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 prof…

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 (cf. Gal 1:9), which had concluded conciliar edicts since the Council of Elvira (c. 306), occur in the texts of Vatican II.…

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)…

Expectative

(159 words)

Author(s): Rees, Wilhelm
[German Version] In Catholic canon law (II), an expectative was the legally binding assurance that an office (benefice) that was not yet vacant would be granted to the beneficiary when that office was vacated. Expectatives came into being after the 12th century, with Alexander III ( Liber Extra 3.8.2) and Boniface VIII ( Liber Sextus 3.7.2) taking action against abuses. All such rights were abrogated by the Council of Trent (session XXIV c. 19

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 …

Aequitas canonica

(112 words)

Author(s): Rees, Wilhelm
[German Version] This principle of Catholic canon law is rooted in the aequitas (“equity”) of Roman law, in biblical thinking, and in Aristotle's theory of epikeia (Epiky). The aim of the aequitas canonica (unlike that of epikeia) is to achieve a harm…

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…

Church Rector

(176 words)

Author(s): Rees, Wilhelm
[German Version] ( rector ecclesiae). In Catholic canon law, the church rector is a priest who is entrusted with the care of a church that is neither a parish nor a chapter church (Chapter) and that is not associated with a branch of a religious order or with any of the Societies of the Apostolic Life (cf. cc. 556–563 CIC/1983; cc. 304–310 CCEO). As a rule, the diocesan bishop (Bishop: III, 1) freely appoints the church rector (c. 557 §1 CIC/1983). The local ordinary has the authority to recall him (c. 563 in connection with cc. 192–195 CIC/1983). The church rector has worship duties…

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: …

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 there will no longer be exempt dioceses in the future (c. 431 §2), also the exemption of minors from the authority of the parents (c. 98 §2; CCEO c. 910 §2), of the theological seminary from pastoral care (c. 262; CCEO c. 336 §2), of clergy and members of orders from tasks and offices foreign to their status (cc. 289 §2; 672; cc. 383, n. 3;

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

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 leg…

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…

Canonical Provision

(185 words)

Author(s): Rees, Wilhelm
[German Version] is a technical term in Catholic canon law for all types of sovereign grants through individual administrative decrees (c. 48 CIC/1983; c. 1510 § 2, 1 CCEO; administration: IV, 3). More precisely, it involves the grant of legal capacity (Juridical persons: cc. 114 § 1; 116 § 2 CIC/1983; public Voluntary associations [II, 1.b]: c. 313 CIC/1983), of authorities (Delegation: cc. 131 § 1; 133; 137

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.…

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 …
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