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Parish Administrator

(180 words)

Author(s): Rees, Wilhelm
[German Version] ( administrator paroecialis) is a priest whom the diocesan bishop has to appoint if a parish is vacant (cf. CIC c. 538, 1983; CCEO c. 297), or the parish priest is prevented from fulfilling his pastoral duties ( CIC c. 539, 1983; CCEO c. 298). Until the parish administrator is appointed, the Pfarrvikar (Chaplain) assumes direction of the parish (cf. CIC c. 541, 1983; CCEO c. 300). As a rule, the parish administrator has the same privileges, duties, and rights as the parish priest, and has to give account of his office (cf. CIC c. 540, 1983; CCEO c. 299). The installation of a…

Consultors, College of

(95 words)

Author(s): Rees, Wilhelm
[German Version] In Catholic canon law the College of Consultors is the prescribed and required organ of consultation that the diocesan bishop (Bishops: III, 1) calls freely in his diocese from the members of the priests' council for a period of five years (c. 502 CIC/1983; c. 271 CCEO; Cathedral chapter). It has agreement rights and duties when there is a vacant see (See, Vacant). Wilhelm Rees Bibliography KanR II, 1997, 399–401 O. Stoffel, MKCIC, c. 502 (as of Apr 1997) H. Schmitz, “Die Konsultationsorgane des Diözesanbischofs,” HKKR2 , 1999, 457–459.

Incardination

(164 words)

Author(s): Rees, Wilhelm
[German Version] In Catholic canon law, incardination denotes the obligatory incorporation of all clergy into a clerical collegiate body (particular church, personal prelature, etc.) at the time of their ordination to the diaconate (cf. CIC/1983 cc. 265–272; CCEO cc. 357–366). Through incardination the cleric comes under the authority of his ordinarius proprius and at the same time acquires a legal claim to ministerial employment, supervision, and economic support. In the case of religious institutes and clerical societies of the apostolic life,…

Desecration

(155 words)

Author(s): Rees, Wilhelm
[German Version] deprives sacred objects (c. 1171 CIC; res sacrae ) or locations ( CIC c. 1205; loci sacri; cemetery) destined for worship or the burial of believers of their symbolic distinctiveness or dedication (Consecration/Ordination/Dedication). This occurs for sacred places if they have been substantially destroyed, declared profane by a decree of the responsible ordinarius, or converted de facto to a profane use ( CIC c. 1212; cf. CIC c. 1222: profane, but not unworthy use). The same applies to an altar ( CIC c. 1238 §1). The declaration tha…

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…

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 CIC/1983; the authority to confirm and hear confession: cc. 882; 969 CIC/1983; delegation of the authority to perform marriages: c. 1111 CIC/1983), of names and titles (cf. cc.…

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…

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…

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.

General Absolution

(336 words)

Author(s): Rees, Wilhelm
[German Version] General absolution is a collective sacramental absolution of a group of penitents that ¶ does not require a personal confession of guilt, though it is only applicable in special situations (Repentance, Penitence). As a result of the Tridentine emphasis (Trent, Council of) on individual confession (Confession), general absolution only continued to be practiced in conjunction with grants of indulgence (Indulgence) or in cases such as war and other life-threatening situations (cf. CIC/1917 c. 468; AAS 31 [1939], 711f.; 32 [1940], 571; 36 [1944], 155f.).…

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

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 de ref.). While not actually forbidden by current canon law, expectatives lack legal force ( CIC c.153 §3; CCEO c. 943 §3; similarly CIC c. 150 §2 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 ¶ 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…

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 harmony between already codified law and the legal judgment required in a specific situation. The effect is a moderation of existing law; on occasion, however, the law may also be tightened ( oikonomia). Wilhelm Rees Bibliography E. Wohlhaupter, Aequitas canonica, 1931 G. Wingren, art. “Billigkeit” TRE VI, 1980, 642–645 A. Hollerbach, art. “…

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: c. 449 §1; ecumenical councils: c. 338; the episcopal synod: c. 344; cardinals: c. 351; nuncio…

Voting Rights

(1,030 words)

Author(s): Rees, Wilhelm | Germann, Michael
[German Version] I. Catholic Church Voting rights give the opportunity to vote or be elected in an election, or under various circumstances to make a decision on one’s own responsibility (Church elections). Active elective rights can be based on membership in the church ( CIC/1983 cc. 96, 208; cf. c. 536: pastoral council; c. 537: finance committee) or on special legal entitlements such as membership in the college of cardinals (c. 349; Cardinal), the college of consultors (cc. 413 §2, 421 §1, 424) or cathedral chapter (c. 502 §3), the co…
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