Search

Your search for 'dc_creator:( "Rees, Wilhelm" ) OR dc_contributor:( "Rees, Wilhelm" )' returned 48 results. Modify search

Sort Results by Relevance | Newest titles first | Oldest titles first

Audientia episcopalis

(102 words)

Author(s): Rees, Wilhelm
[German Version] In Catholic ecclesiastical law, audientia episcopalis ( Cod. Just. I, 4) denotes the jurisdiction exercised by bishops. The authority of bishops to arbitrate in secular disputes (cf. 1 Cor 6:1–7) even if one party objects, recognized by Constantine the Great, was soon limited to cases involving compromise. Audientia episcopalis remained in force for internal ecclesiastical matters and for clergy (jurisdictional immunity; criminous clerics). Wilhelm Rees Bibliography G. Vismara, Episcopalis audientia, 1937 A. Steinwenter, RAC I, 1950, 915–917 DDC VI, 1957, …

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.

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 …

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 …

Cumulation

(242 words)

Author(s): Rees, Wilhelm
[German Version] (Lat. cumulatio; cumulare, “to accumulate”) occurs in Catholic canon law dealing with both penalties and offices. In canon penal law (Ecclesiastical penalties), the fundamental principle is to impose as many penalties as criminal offenses committed ( tot poenae quot delicta). In the event that the accumulation ¶ of all imposed individual penalties results in an excessive aggregate penalty, the judge may mitigate the penalty (cc. 1344, 1346 CIC/1983; cf. c. 2224 CIC/1917; c. 1409 §1, 30 CCEO). Cumulation applies in cases of repeated offense during a probat…

Ecclesiastical Province/Region

(186 words)

Author(s): Rees, Wilhelm
[German Version] In contrast to the ecclesiastical region ( regio ecclesiastica; CD art. 39ff.), since the 4th century the ecclesiastical province ( provincia ecclesiastica) has belonged to the constitutional structure of the Catholic Church. It is the assembly of neighboring particular churches to promote pastoral work and relationships among the diocesan bishops in the union of particular churches so created ( CIC/1983 c. 431 §1). The provincial council and the metropolitan have leadership authority ( CIC/1983 c. 432 §1). Neighboring ecclesias…

Affiliation

(90 words)

Author(s): Rees, Wilhelm
[German Version] In Catholic canon law, similar to the secular realm, “affiliation” (Lat. affiliare: “adopt”) denotes a special relationship of association; more specifically it is used in terms of aggregation (laws of religious orders and associations), incorporation or incardination and, in the context of the law code governing higher education, the affiliation of a university with a faculty. On the basis of papal privilege, letters of affiliation granted participation in the good works of a religious association. Wilhelm Rees Bibliography E. Magnin, DCC I, 1935, 263f.

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, …

Devolution, Right of

(185 words)

Author(s): Rees, Wilhelm
[German Version] In Catholic canon law (II) this is the transfer of the right to bestow a church office to the superior church official (authentic devolution) or the release of the bestower from his relationship to a right of nomination (inauthentic devolution). Introduced by Alexander III (X1, 6, 7; X3, 8, 2; X3, 38, 3), the right of devolution has been limited since the 13th century. The CIC knows of representative conveyance of office in the event of neglect or hindrance (c. 155 CIC; c. 945 CCEO) and of the replacement of a diocesan administrator (cc. 421 §2; 425 §3 CIC; cc. 220 n. 3; 221 n…

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…

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…
▲   Back to top   ▲