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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 c…

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

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 …

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.

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.

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

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, …

Approbation

(77 words)

Author(s): Rees, Wilhelm
[German Version] In the usage of the Catholic Church, “approbation” (Lat. approbatio, approbare) means acceptance, approval, recognition, affirmation, or authorization by the competent…

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 m

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 …

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; C…

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 probationary period. It always applies to penalties for criminal acts. Although neither the CIC/1917 nor the CIC/1983 know of a general prohibition against holding several church offices simultaneously, c. 152 CIC/1983 (cf. c. 942 CCEO; cc. 156, 188 n. 3, 1439, and 2396 CIC/1917) continues to prohibit the holding of several incompatible of…

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 ecclesiastical provinces can be combined into ecclesiastical regions ( CI…

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 order…

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 (

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 besto…

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) ass…

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…

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

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 conjunctio…

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 191…

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 o…

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 (

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, sec…

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 …

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…

Liturgy and Church Legislation

(650 words)

Author(s): Rees, Wilhelm | Germann, Michael
[German Version] I. Catholicism – II. Protestantism I. Catholicism Unlike private devotions, the official liturgy is performed in the name of the church by persons lawfully deputed (clergy and laity) and in a form approved by ecclesiastical authority (cf. CIC/1983 c.…

Main Churches

(581 words)

Author(s): Rees, Wilhelm | Hübner, Hans-Peter
[German Version] I. Catholic Main Churches – II. Protestant Main Churches (Evangelical Church in Germany) I. Catholic Main Churches The expression “main church” or “principal church” is not found in the manual of canon law ( CIC 1983). It is used in two senses: 1. As a general expression for a church that stands out from a group of churches in a particular way. This position of prime importance is ¶ attributed particularly to episcopal churches (Cathedrals), and also to quasi-diocesan regional churches of equal ranking (cf. CIC 1983 c. 368 ). In the cathedral the bishop assumes his office ( C…

Teaching, Duties and Freedom in

(1,125 words)

Author(s): Link, Christoph | Rees, Wilhelm | Germann, Michael
[German Version] I. German Law Along with artistic freedom, Basic Law art. 5 § 3 guarantees freedom of “scholarship, research, and teaching.” The association of freedom of teaching with scholarship and research shows that the guarantee of the Basic Law applies only to scholarly teaching, i.e. teaching that presents the findings of one’s own research (and examines critically the findings of others). Freedom of teaching thus relates (albeit not exclusively) to teaching in public and private universitie…

Bishop

(5,831 words)

Author(s): Schöllgen, Georg | Hauschild, Wolf-Dieter | Rees, Wilhelm | Plank, Peter | de Wall, Heinrich | Et al.
[German Version] I. New Testament – II. Church History – III. Dogmatics and Canon Law – IV. Missiology I. New Testament The NT contains no evidence of the episcopate in the traditional Catholic sense (a single bishop at the apex of a hierarchical clerical ministry functioning as head of a Christian community), but it does use the word ἐπίσκοπος ( epískopos; the etymological source of bishop) for functionaries and officials exercising oversight in the community (Acts 20:28; Phil 1:1; 1 Tim 3:1–7; Tit 1:7–9). For the primitive church, it is therefore better ¶ to speak of episkopoi rather than bishops. In non-Christian usage, …

Episcopal Titles

(878 words)

Author(s): Rees, Wilhelm | Ohme, Heinz | Müller, Ludger | Pree, Helmuth | Schima, Stefan | Et al.
[German Version] I. Auxiliary Bishop – II. Chorbishop – III. Regional Bishop – IV. Suffragan Bishop – V. Titular Bishop – VI. Vicar Bishop I. Auxiliary Bishop An auxiliary bishop is a bishop appointed at the request of a diocesan bishop to assist him in administration of the diocese. His rights, duties, and official functions are defined by canon law ( CIC cc. 403–411) and his letter of appointment. An auxiliary bishop is a member of the Bishops' Conference. Unlike a coadjutor, an auxiliary bishop does not have the right of succession. Wilhelm Rees Bibliography J. Listl, “Koadjutor-…

Mission

(13,709 words)

Author(s): Sundermeier, Theo | Frankemölle, Hubert | Feldtkeller, Andreas | Collet, Giancarlo | George, Martin | Et al.
[German Version] I. Religious Studies – II. Christianity – III. Judaism – IV. Buddhism – V. Islam I. Religious Studies 1. Overview. Mission is not a fundamentally universal phenomenon in the history of religions; neither is every form in which religion is passed on eo ipso mission. “Primary,” tribal religions are not missionary religions. Their domain is coterminous with their society and its way of life; they are handed down from one generation to the next in the course of natural life. The question of truth does not arise. An individual is born into this religion. Only “secondary” religions, founded by reformers or spiritual leaders, are essentially missionary. Monotheism and an anthropology that embraces all human beings identically are the basis and premise o…

Heresy

(7,453 words)

Author(s): Feldtkeller, Andreas | Mell, Ulrich | le Boulluec, Alain | Jorissen, Hans | Schuck, Martin | Et al.
[German Version] I. Philosophy and Religious Studies – II. Christianity – III. Practical Theology – IV. Church Law – V. Judaism – VI. Islam I. Philosophy and Religious Studies The word “heresy” derives from Gk αἵρεσις/ haíresis (“act of choice,” “decision”). In the Hellenistic period, when a plurality of philosophical schools had developed, the word was used to express the need of budding philosophers to choose between these schools. Hence it came to be used to denote both a philosophical school and the school's teaching; in addition, it was used for schools of medicine. In contrast to Christian usage, it was not a term w…

Community

(5,842 words)

Author(s): Kehrer, Günter | Rüterswörden, Udo | Banks, Robert J. | Hauschild, Wolf-Dieter | Marquardt, Manfred | Et al.
[German Version] I. History of Religion – II. Old Testament – III. New Testament – IV. Church History – V. Dogmatics – VI. Ethics – VII. Practical Theology – VIII. Church Law – IX. Judaism – X. Islam I. History of Religion In the following comments the term community will refer exclusively to a religiously motivated association of people. From the standpoint of the history of religion, the formation of communities is more the exception than the rule. The fact that associations such as tribes, as well, howe…
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