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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 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

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

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

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 …

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 …

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.

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 authority. Approbation provides legal justification or approval; it is required for admission to certain positions and offices, for hearing confessions, and for proclamation of the word ( missio canonica; imprimatur). Wilhelm Rees Bibliography G. May, “Verschiedene Arten des Partiku…

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).…

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 (

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 …

Church Levies

(268 words)

Author(s): Rees, Wilhelm

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 m

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 ecclesiastical provinces can be combined into ecclesiastical regions ( CIC/1983 cc. 433 f.). In the Protestant realm (in Germany), the “Evangelical Church of the Old Prussian Union” was arranged in ecclesiastical provinces; after 1945, they became independent regional churches and member churches of the EKD (Evangelical Church in Germany), but continued to be associated in the EKU (Evangelische Kirche der Union, thus named after 1953). Wilhelm Rees Bibliog…

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 …

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
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