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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.).…

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 …

Celebret

(94 words)

Author(s): Rees, Wilhelm
[German Version] In the Catholic Church, this is a letter of recommendation by a priest's own ordinary (Incardination) or superior for admission by the church rector of a different church to celebrate the Eucharist there. A celebret may not be more than a year old (cf. c. 903 CIC/1983; c. 703 CCEO) and is intended to prevent unsanctioned celebrations (cf. c. 1378 § 2, 1° CIC/1983; c. 1443 CCEO). Wilhelm Rees Bibliography K. Lüdicke, MKCIC, canon 903 (as of Nov 1989) E. Miragoli, “Il celebret,” Quaderni di diritto ecclesiale 7, 1994, 435–442.

Ordinariate

(161 words)

Author(s): Rees, Wilhelm
[German Version] Resulting from the separation of functions required by the ecclesiastical lawgiver (e.g. CIC/1983 c.135; CCEO c. 985; Jurisdiction, Ecclesiastical), and alongside the diocesan court (Consistory), the ordinariate is the authority in the diocesan curia (cf. CIC/1983 cc. 469–494; CCEO cc. 243–263) which serves the administration of the diocese (also denoted general vicariate; Bishopric) under the direction of the vicar general (cf. CIC/1983 c. 475). Requirements include a chancellor, additional notaries as needed, a property adminstrator, and …

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…

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.

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.

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…

Ecclesiastical Penalties

(480 words)

Author(s): Rees, Wilhelm
[German Version] are legal restrictions imposed by the Catholic Church on church members who culpably and accountably violate church law. In continuity with CIC/1917, CIC/1983 c.1312 §1 distinguishes censures ( CIC/1983 cc.1331–1335; cf. CCEO cc.1431f., 1434f.), namely, excommunication, interdict, and suspension (clerics), from expiatory penalties ( CIC/1983 cc.1336–1338; CCEO cc.1429f.; 1433). Such include residency stipulations and prohibitions, withdrawal of authorizations, offices, privilege…

Delegation

(167 words)

Author(s): Rees, Wilhelm
[German Version] is, in Catholic canon law (II, 1), the transfer of administrative authority independent of an office (c. 131 CIC; cc. 981 §1; 983 §1 CCEO) by law or administrative order. Authority can be delegated for individual actions or for all cases. Legislative authority, as a rule, cannot be delegated (c. 135 §2 CIC; c. 985 §2 CCEO; judicial authority can only be delegated for the preparation of judicial decisions (c. 135 §3 CIC; c. 985 §3 CCEO). In the strictest sense, delegation pertains only to clerics, but in a limited sense also to lay people (c. 483 §2; 1282; 129 CIC; cc. 253 §2; 979 CCE…

Ordinary

(167 words)

Author(s): Rees, Wilhelm
[German Version] in Catholic church law designates the bearer of regular power of governance (Jurisdiction). In addition to the pope, these include (cf. CIC/1983 c. 134 §1; CCEO c. 984) the diocesan bishops (III, 1), the regional prelates (I) and abbots, the vicars apostolic, prefects, and administrators, the military bishops, the head of a personal prelacy ( CIC/1983 c. 295 §1), as well as the vicars general and bishops’ vicars (not court vicars and officials); in addition, the interim leaders (e.g. diocesan administrator), the higher heads of clerical order institutes iuris pontifi…

Bination

(106 words)

Author(s): Rees, Wilhelm
[German Version] is the designation in Catholic church law for the practice, generally not allowed, of celebration of the Eucharist twice in the same day by the same priest. The local ordinary can permit bination or trination (c. 905 CIC). In relation to the rule of sobriety (c. 919 § 2 CIC) and mass stipends (c. 951 § 1 CIC), special regulations hold. Bination is permitted at Easter and Maundy Thursday, trination at Christmas and All Souls' Day. Wilhelm Rees Bibliography É. Jombarth, DDC 2, 1937, 889–898 C. Holböck, Die Bination, 1941 K. Lüdicke, MKCIC, 1985, 905 A. Heinz, LTK 3 II, 1994, 462.
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