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=====Book II: People of God===== | =====Book II: People of God===== | ||
====Part I: Christ' | ====Part I: Christ' | ||
[[http:// | [[http:// | ||
- | **Canon 204 Subsists In** The Church - // | + | **Canon 204 Power of Baptism** Christ' |
+ | | ||
+ | * From LG 9-10 | ||
+ | * Baptized means all Christians, and also those who left the church by a formal act. Membership is a personal act of relationship with God - a calling. Being a member of the parish as well is not just a being part of a club. The institutional and spiritual aspects are of the same relationship. For this reason, a pastor can't kick out a parishioner. This is a religious area of conscience. Leaving by a formal act - you have to be first a heretic, apostate or schismatic. And in fact, you remain a member but not in communion. | ||
- | Baptized means all Christians, and also those who left the church by formal act. Membership is a personal act of relationship with God - a calling. Being a member | + | **Canon 205 Full Communion** Those baptized are in full communion with the catholic Church here on earth who are joined with Christ in his visible body, through |
- | **Canon | + | **Canon |
- | **Canon 206 Catechumens** Neither the canon or its source gives enlightenment on extra prerogatives for catechumens. 1183, funeral, 1170 blessing. Legally unbaptized, but they get some non-legal benefits. | + | **Canon 207 Christian Faithful** Christian faithful are clerics and laity - in CCEO, religious are another category. Each state has also had active, articulate, educated, nonpracticing. Religious are part of both - but no legal consequences here (later there is specific legislation). |
- | + | ||
- | **Canon 207 Christian Faithful** Christian faithful are clerics and laity - in CCEO, religious are another category. Each state has also has active, articulate, educated, nonpracticing. Religious are part of both - but no legal consequences here (later there is specific legislation). | + | |
- | **//Lex Ecclesiae Fundamentalis// | ||
===Title I: Obligations and Rights of Christ' | ===Title I: Obligations and Rights of Christ' | ||
(Cann. 208 - 223) [[http:// | (Cann. 208 - 223) [[http:// | ||
- | | + | **//Lex Ecclesiae Fundamentalis// |
+ | * **Ordering of the section** start with rights of all the christian faithful, then rights of the lay faithful. R&O of all is a novelty in this code. Reasons: emphasis on laity at vatican II, increased societal emphasis on human rights after WWII seen for example in UCHR, Treaty of Rome. Onclin developed this idea, under the title of subjective rights already in the 1950s; it took some time before this theory made its way into the church. Human rights is replaced by " | ||
+ | * **Development** 1917 Code had more emphasis on the rights of clergy & bishops over the faithful. | ||
* **What is the status of the canons 208-223?** What is the nature of these obligations and rights? Four trends regarding the nature | * **What is the status of the canons 208-223?** What is the nature of these obligations and rights? Four trends regarding the nature | ||
- | * **First, legal approach** is advanced by J. Beyer [Gent]. Let's take the catalogues | + | * **First, |
- | * **Second, theological position** is advanced by Munich U. Hinder, Correcco. They are against Beyer, they want to start from the nature of the church and build on this. These are church obligations and church rights; start from an ecclesiological model. Rights based on word, sacraments and apostolic succession. Each has active and passive rights. You end up with different rights than Beyer, these are not human rights, but christian | + | * **Second, theological position** is advanced by Munich U. Hinder, Correcco. They are against Beyer, they want to start from the nature of the church and build on this. These are church obligations and church rights; start from an ecclesiological model. Rights based on word, sacraments and apostolic succession. Each has active and passive rights. You end up with different rights than Beyer, these are not human rights, but Christian |
- | * **Third, legal/ | + | * **Third, legal/ |
- | * **Fourth, Anthropological method** was proposed by Greimacher and Walf. The discussion gives the impression the Church can decide, instead, they are embedded in the nature of the person. People cannot abandon them at the church door, and the church can't deny them for the same reason. It questions the legitimacy of the question. **Code** did not choose among these - there is a mix of theories, you can invoke various theories that lead to one or another result. Legal theory is found in 208 equality, 215 association, | + | * **Fourth, Anthropological method** was proposed by Greimacher and Walf. The discussion gives the impression the Church can decide, instead, they are embedded in the nature of the person. People cannot abandon them at the church door, and the church can't deny them for the same reason. It questions the legitimacy of the question. |
- | * Shouldn' | + | * **Code** did not choose among these - there is a mix of theories, you can invoke various theories that lead to one or another result. Legal theory is found in 208 equality, 215 association, |
+ | * Shouldn' | ||
* Where does this leave the fundamental rights of all the Christian faithful? Is it possible that these fundamental rights that are spread through the code have a superiority to other canons. At least there is the tacit foundation of the rights of all, then the laity and clerics as sub groupings. But are the fundamental rights of all above other norms of the code or local norms. | * Where does this leave the fundamental rights of all the Christian faithful? Is it possible that these fundamental rights that are spread through the code have a superiority to other canons. At least there is the tacit foundation of the rights of all, then the laity and clerics as sub groupings. But are the fundamental rights of all above other norms of the code or local norms. | ||
* What text says is more important that the will of the legislator. Look first to the text, then to context, then to will of legislator. You can opt for an interpretation of norms that respects the fundamental rights. But //Lex specialis derogat generali.// General norm is equality, unless legislative inequality. | * What text says is more important that the will of the legislator. Look first to the text, then to context, then to will of legislator. You can opt for an interpretation of norms that respects the fundamental rights. But //Lex specialis derogat generali.// General norm is equality, unless legislative inequality. | ||
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* Formal superiority of Fundamental rights could improve their protection and could improve the legal culture in the church. 1399 allows punishment without law - it wouldn' | * Formal superiority of Fundamental rights could improve their protection and could improve the legal culture in the church. 1399 allows punishment without law - it wouldn' | ||
- | **Canon 208 Equality** From Christ, there is a genuine | + | **Canon 208 Equality** From Christ, there is a __genuine |
+ | * **Equality is not easy to reconcile to hierarchy** It is important to note that it is in a hierarchical context where power of governance and power of ordination are identified; how square this with equality. Where is vera ... aequalitas. Divine constitution of the church as a basis for non-ordination can't be attacked by fundamental rights. Equality according to dignity and function. Three types of equality - in the law, through the law and before the law. Equality in the law - all treated in the same way: flat tax. But this doesn' | ||
- | **Equality is not easy to reconcile to hierarchy** It is important | + | **Canon 209 Communion** §1 Christ’s faithful are __bound |
- | **Canon | + | **Canon |
- | externally. §2 They should carry out responsibilities to local and universal church. | + | |
- | **Canon | + | **Canon |
- | **Canon | + | **Canon |
- | **Canon 212 Freedom of Expression** §1. Christian obedience to teachers of faith (not parish priest). §3 They have the right, | + | |
- | This exists, but with many conditions. Not granted generously. The main problem is that we don't know the borders | + | **Canon 213 Word of God and Sacraments** People have a __right to be assisted by pastors__ with Word of God and the Sacraments. Criteria are there, but there is still the right. Denying communion |
- | **Canon | + | **Canon |
- | **Canon | + | **Canon |
- | **Canon 215 Association** §1 All have the right to assembly. Many possible objectives | + | |
- | E.g. In the Netherlands an association of critical Catholics on John Paul's visit in 1985. Called May 8 - 110 very diverse groups represented. They had professional collaborators. VP of May 8 asked to be a pastoral worker, | + | **Canon 216 Lay Action** __Right |
- | **Canon | + | **Canon |
- | **Canon | + | **Canon |
- | **Canon | + | **Canon |
- | **Canon | + | **Canon |
- | **Canon | + | **Canon |
+ | * The right not to be punished without law. //Nullum crimen, nulla poena.// However 1399 allows punishment without law. Canon 18 = interpret penal law narrowly. In general the code is very precise, but here there is ambiguity. 1313 also allows retroactivity only if the law is more lenient. The principle | ||
- | **Canon | + | **Canon |
- | The right not to be punished without law. Nullum crimen, nulla poena. However 1339 allows punishment without law. Also canon 18 says interpret penal law narrowly. In general the code is very precise, but here there is ambiguity. 1313 also allows retroactivity only if the law is more lenient. | + | **Canon 223 Common Good** |
- | + | * The collective element is more present in the Church than in the state. The collective rights however are not present. E.g. Parish Rights Parish has rights, but most of these problems are with the pastor, yet the pastor is the one who represents the interests of the parish. Parishoners can act as individuals or groups, but they can't act as a parish without the pastor. Bishop can moderate use of rights in view of common good - Krut Walf says this negates the rights; but moderate shouldn' | |
- | Many of the people in the church are against the principle of legality - it is an enlightenment notion of positivity of the law. The church will say natural law says it's wrong, so it can be punished. Positivism is seen not so much as immoral, but ammoral. Security of law is more important than justice in secular systems. Prescription is an example: it is better to come to a clear situation than a just situation. 198 on prescription requires good faith to work the ' | + | |
- | + | ||
- | **Canon 222 Provide for Church** | + | |
- | + | ||
- | **Canon 223 Common Good** | + | |
===Title II: Obligations and Rights of the Lay Faithful=== | ===Title II: Obligations and Rights of the Lay Faithful=== | ||
| | ||
- | **Canon 224** First four treat external | + | **Canon 224** Lay faithful have additional |
- | **Canon 225 Lay Apostolate** §1 Lay people are deputed | + | **Canon 225 Lay Apostolate** §1 Lay people are __commissioned__ |
- | **Canon 226 Marriage and Family** §1 Married couples strive for the building up of the people of God through | + | **Canon 226 Marriage and Family** §1 Married couples strive for the building up of the people of God __through |
- | **Canon 227 Freedom** Lay people have freedom | + | **Canon 227 Freedom** Lay people have __freedom |
- | **Canon 228 Offices** §1 Suitable | + | **Canon 228 Offices** §1 Suitable |
- | **Canon 229 Theological Education** §1 Lay people have the duty and the right to christian | + | **Canon 229 Theological Education** §1 Lay people have the __duty |
- | **Canon 230 Office of Laity** §1 Men can be given the " | + | **Canon 230 Office of Laity** §1 "Lay people who have the age and skills determined by decree by the Episcopal Conference, |
+ | |||
+ | *[[http://www.vatican.va/ | ||
+ | * [[http:// | ||
- | [[http:// | + | **Canon 231 Formation and Remuneration** §1 Lay people with offices have __duty to acquire formation__, and act conscientiously, |
- | + | ||
- | **Canon 231 Formation and Remuneration** §1 Lay people with offices | + | |
===Title III: Sacred Ministers or Clerics=== | ===Title III: Sacred Ministers or Clerics=== | ||
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| | ||
- | Long - formation is here - it is less flexible when it's here in the code, rather than lesser document. | ||
- | **Canon 232 Right to Train** Church has right to train ministers. | + | |
+ | **Canon 232 Right to Train** Church has right to train ministers. It is less flexible when it's here in the code, rather than lesser document. There is a Plan for seminary formation and also each bishop' | ||
**Canon 233 Foster Vocations** §1 All community to foster vocations, especially families, educators, clerics. Bishops are to instruct the people entrusted to them on the importance and need of ministers. §2 Attention to mature vocations. | **Canon 233 Foster Vocations** §1 All community to foster vocations, especially families, educators, clerics. Bishops are to instruct the people entrusted to them on the importance and need of ministers. §2 Attention to mature vocations. | ||
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**Canon 234 Minor Seminaries** §1 Minor seminaries to be retained and fostered. §2 Those who aspire to the priesthood are to receive that same human and scientific formation which prepares their peers in their region for higher studies. | **Canon 234 Minor Seminaries** §1 Minor seminaries to be retained and fostered. §2 Those who aspire to the priesthood are to receive that same human and scientific formation which prepares their peers in their region for higher studies. | ||
- | **Canon 235 Formation** §1 Religious formation and instruction in the duties of priesthood. §2 Non-resident seminarians to have someone to ensure | + | **Canon 235 Formation** §1 Religious formation and instruction in the duties of priesthood. §2 Non-resident seminarians to have someone to ensure |
- | **Can. 236 Permanent Deacon** need spiritual formation: 1° young seminarians are to be resident for three years, 2° older seminarians, | + | **Can. 236 Permanent Deacon** need spiritual formation: 1° young seminarians are to be resident for three years, 2° older seminarians, |
==Chapter II: Enrollment or Incardination== | ==Chapter II: Enrollment or Incardination== | ||
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* **Incardination from earliest apostolic times,** supported through conciliar decrees. 1917 code focused on discipline. 1983 code brought focus more to pastoral needs and the common good of the Church. There was move toward a more equitable distribution of clergy worldwide. 1. Stable ministers, 2. Stable income and employment of clergy, 3. Protection of rights. | * **Incardination from earliest apostolic times,** supported through conciliar decrees. 1917 code focused on discipline. 1983 code brought focus more to pastoral needs and the common good of the Church. There was move toward a more equitable distribution of clergy worldwide. 1. Stable ministers, 2. Stable income and employment of clergy, 3. Protection of rights. | ||
- | * **More recently //Pastor Bonis//** need for better distribution of clergy. Bishops must have awareness of the needs of the church worldwide. The rights of the faithful are rarely mentioned in discussions of distribution of clergy. Eastern code is very similar but there is a bit on courtesy between bishops. | + | * **More recently //Pastor Bonis// |
- | * **Future: | + | * **// |
- | **Canon 265** Every cleric incardinated. Transient clerics disallowed. Clergy must be examined - will they be useful to the pastoral care of the faithful. Usefulness should not be linked to the clergy shortage. Ordination of numbers is not the best. The faithful should be given the benefit of the doubt - they should be well served. Incardination for provision of 1. pastoral service for people, 2. livelihood for clergy, 3. labor force for leaders. | + | **Canon 265 All incardinated** Every cleric incardinated. Transient clerics disallowed. Clergy must be examined - will they be useful to the pastoral care of the faithful. Usefulness should not be linked to the clergy shortage. Ordination of numbers is not the best. The faithful should be given the benefit of the doubt - they should be well served. Incardination for provision of 1. pastoral service for people, 2. livelihood for clergy, 3. labor force for leaders. |
**Canon 266 Original Incardination** Diaconate is the doorway to incardination. | **Canon 266 Original Incardination** Diaconate is the doorway to incardination. | ||
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- | **Canon 273 Respect and Obedience** | + | **Canon 273 Respect and Obedience** |
- | **Canon 274 Cleric | + | **Canon 274 Cleric |
- | **Canon 275 Unity** §1 Clerics united in cooperation, | + | **Canon 275 Unity** §1 Clerics |
**Canon 276 Holiness** §1 To seek holiness. §2 Through: 1) pastoral ministry; 2) spiritual life, Word and Eucharist; 3) liturgy of the hours daily; 4) spiritual retreats; 5) regular mental prayer, penance, etc. | **Canon 276 Holiness** §1 To seek holiness. §2 Through: 1) pastoral ministry; 2) spiritual life, Word and Eucharist; 3) liturgy of the hours daily; 4) spiritual retreats; 5) regular mental prayer, penance, etc. | ||
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**Canon 277 Celibacy** §1 Perfect and perpetual continence for the sake of the Kingdom of heaven. §2 Prudence required. §3 Bishop can make norms. | **Canon 277 Celibacy** §1 Perfect and perpetual continence for the sake of the Kingdom of heaven. §2 Prudence required. §3 Bishop can make norms. | ||
- | **Canon 278 Right of Association** §1 The secular clergy have the right of association. §2 To esteem recognized associations. §3 Avoid associatiations | + | **Canon 278 Right of Association** §1 The secular clergy have the right of association. §2 To esteem recognized associations. §3 Avoid associations |
**Canon 279 Education** §1 Studies should continue, but avoid profane novelties and pseudo science. §2 Priests are to attend pastoral courses, etc. §3 They are also to seek a knowledge of other sciences. | **Canon 279 Education** §1 Studies should continue, but avoid profane novelties and pseudo science. §2 Priests are to attend pastoral courses, etc. §3 They are also to seek a knowledge of other sciences. | ||
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**Canon 280 Common Life Recommended** | **Canon 280 Common Life Recommended** | ||
- | **Canon 281 Remuneration** §1 Clerics to get a just remuneration. §2 Social welfare and insurance. §3 Married deacons in full time ministry to be remunerated. | + | **Canon 281 Remuneration** §1 Clerics to get a just remuneration. §2 Social welfare and insurance. §3 Married deacons in full-time ministry to be remunerated. |
- | **Canon 282 Simplicity** §1 Clerics are to life simply. §2 Can use excess goods for charitable works. | + | **Canon 282 Simplicity** §1 Clerics are to live simply. §2 Can use excess goods for charitable works. |
- | **Canon 283 Residence** §1 Not to be long absent from the diocese without the at least presumed permission of their proper Ordinary. §2 They may take a rightful and sufficient | + | **Canon 283 Residence** §1 Not to be long absent from the diocese without the at least presumed permission of their proper Ordinary. §2 They may take a rightful and sufficient |
**Canon 284 Dress** Clerics are to wear suitable ecclesiastical dress. | **Canon 284 Dress** Clerics are to wear suitable ecclesiastical dress. | ||
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**Canon 285 Unbecoming** §1 Clerics are to shun completely everything that is unbecoming to their state. §2 Avoid whatever is foreign to their state. §3 Not assume public office. §4 Not administer goods of others or act as surety. | **Canon 285 Unbecoming** §1 Clerics are to shun completely everything that is unbecoming to their state. §2 Avoid whatever is foreign to their state. §3 Not assume public office. §4 Not administer goods of others or act as surety. | ||
- | **Canon 286 Business** | + | **Canon 286 Business** |
**Canon 287 Peace and Justice** §1 Clerics are always to do their utmost to foster among people peace and harmony based on justice. §2 No political parties or trade unions except to protect the Church or common good. | **Canon 287 Peace and Justice** §1 Clerics are always to do their utmost to foster among people peace and harmony based on justice. §2 No political parties or trade unions except to protect the Church or common good. | ||
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**Canon 294** Personal prelatures may be established by the Apostolic See after consultation with the Episcopal Conferences concerned. There are priests and deacons; to promote an appropriate distribution of priests, or special enterprise. Only one example: Opus Dei: founded by Josemaria Escriva 1928. Its mission is to spread the message that work and the circumstances of everyday life are occasions for growing closer to God, for serving others, and for improving society. Sanctification of ordinary life. Approved as personal prelature 1982 by JPII. Ap. const "Ut Sit" plus accompanying Statutes (c. 295) make clear full membership of priests and laity (c. 296). Some celibate members (Numeraries and Associates); | **Canon 294** Personal prelatures may be established by the Apostolic See after consultation with the Episcopal Conferences concerned. There are priests and deacons; to promote an appropriate distribution of priests, or special enterprise. Only one example: Opus Dei: founded by Josemaria Escriva 1928. Its mission is to spread the message that work and the circumstances of everyday life are occasions for growing closer to God, for serving others, and for improving society. Sanctification of ordinary life. Approved as personal prelature 1982 by JPII. Ap. const "Ut Sit" plus accompanying Statutes (c. 295) make clear full membership of priests and laity (c. 296). Some celibate members (Numeraries and Associates); | ||
- | **Canon 295** §1 Governed by statutes laid down by the Apostolic See. Prelate presides as proper Ordinary with right to a seminary & incardination. §2 The Prelate provides spiritual formation and support for ordained. Pamplona | + | **Canon 295** Change: [[https:// |
- | **Canon 296** Lay people can dedicate themselves by agreement as defined in statutes. | + | * § 1. The personal prelature, which is similar to public clerical associations of pontifical law with the ability to incardinate clerics, is governed by statutes approved or emanated by the Apostolic See and presided over by the Prelate as Moderator, endowed with the faculties of an Ordinary, ..with right to incardinate. |
+ | * § 2. As a Moderator endowed with the faculties of an Ordinary, the Prelate must provide either for the spiritual education of those whom he has promoted by the aforementioned title, or for their dignified support. | ||
+ | * Formerly: §1 Governed by statutes laid down by the Apostolic See. Prelate presides as proper Ordinary with right to a seminary & incardination. §2 The Prelate provides spiritual formation and support for ordained. Pamplona / Santa Croce. | ||
+ | |||
+ | **Canon 296** In view of can. 107, according to the provisions and agreements entered into with the prelature, the laity can dedicate themselves to the apostolic works of the personal prelature; but the manner of this organic cooperation and the main duties and rights connected with it, shall be determined appropriately in the statutes." | ||
**Canon 297** The statutes define the relationships with local ordinaries where they act. | **Canon 297** The statutes define the relationships with local ordinaries where they act. | ||
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- | * Attempt to use this form for disestablishing | + | * Attempt to use this form for transitioning |
- | * The primacy given to the call of every Christian to holiness, as it is manifested "in the fruits of grace which the spirit produces in the faithful" | + | * The primacy given to the __call |
- | * The responsibility of professing | + | * The responsibility of __professing |
- | *The witness to a strong and authentic communion | + | * The witness to a strong and __authentic communion__ |
- | * Conformity to and participation | + | * Conformity to and __participation |
- | * A commitment to a presence | + | * A commitment to a __presence |
* Three types of assns: Public Assn always JP; Private Assn with or without JP; Defacto Assn. [[http:// | * Three types of assns: Public Assn always JP; Private Assn with or without JP; Defacto Assn. [[http:// | ||
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- | **Canon 298 Definition and Purposes.** Groupings of Catholics can gather in associations. Special encouragement for approved, erected, commended associations. These gatherings may be //de facto//, private or public. | + | **Canon 298 Definition and Purposes.** Groupings of Catholics can gather in associations. Special encouragement for approved, erected, commended associations. These gatherings may be //de facto//, private or public. |
- | | + | |
**Canon 299 Private Associations.** §1 Association may be by private agreement. §2 They retain their private character even if recognized by the church. §3 To be recognized as Catholic, the statutes must be reviewed. // | **Canon 299 Private Associations.** §1 Association may be by private agreement. §2 They retain their private character even if recognized by the church. §3 To be recognized as Catholic, the statutes must be reviewed. // | ||
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**Canon 300 " | **Canon 300 " | ||
- | **Canon 301 Public Association.** Public association required to impart Christian teaching in the name of the Church, or to promote public worship, or which are directed to other ends whose pursuit is of its nature reserved to the same ecclesiastical authority. Erection of public associations is reserved to the competent ecclesiastical authority. type of assn for office of sanctificandi or docendi, but not regendi. Winfried Aymans: 3 ways of having public assn: free initiative of church authorities, | + | **Canon 301 Public Association.** Public association required to impart Christian teaching |
**Canon 302 Clerical Associations.** To be clerical an association must be: under the clergy, presume sacred orders and be recognized by competent ecclesiastical authority. | **Canon 302 Clerical Associations.** To be clerical an association must be: under the clergy, presume sacred orders and be recognized by competent ecclesiastical authority. | ||
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**Canon 304 Statutes. ** Statutes contain: goal, seat, governance and the conditions of membership, manner of action. These must be approved by the church authorities for public or private association status. | **Canon 304 Statutes. ** Statutes contain: goal, seat, governance and the conditions of membership, manner of action. These must be approved by the church authorities for public or private association status. | ||
- | **Canon 305 Oversight.** Vigilance of competent | + | **Canon 305 Oversight.** Vigilance of __competent |
**Canon 306 Conditions of membership.** Valid reception by association according to statutes is required. | **Canon 306 Conditions of membership.** Valid reception by association according to statutes is required. | ||
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- | **Canon 312 Establishment.** | + | **Canon 312 Establishment.** |
- | **Canon 313 Juridic Person.** | + | **Canon 313 Juridic Person.** |
**Canon 314 Statutes.** | **Canon 314 Statutes.** | ||
- | **Canon 315 Private initiative.** | + | **Canon 315 Private initiative.** |
**Canon 316 Membership.** §1 various excommunicates and public rejectors of catholic faith can't be validly admitted as members, or §2 must be warned then dismissed if current members become excommunicates. Who can be a member? 1) Only Catholics, 2) Catholics and other Christians, 3) all human beings. | **Canon 316 Membership.** §1 various excommunicates and public rejectors of catholic faith can't be validly admitted as members, or §2 must be warned then dismissed if current members become excommunicates. Who can be a member? 1) Only Catholics, 2) Catholics and other Christians, 3) all human beings. | ||
- | * Meyers: | + | * Meyers: |
* __Publicly reject the catholic faith__: 1) heretic, schimatics or apostates. Rejection must be public: this is used nowhere else in the code. Canon 751: Pertinax + Public (continuous and open - like adverse possession). | * __Publicly reject the catholic faith__: 1) heretic, schimatics or apostates. Rejection must be public: this is used nowhere else in the code. Canon 751: Pertinax + Public (continuous and open - like adverse possession). | ||
* __Defection from ecclesiastical communion__: | * __Defection from ecclesiastical communion__: | ||
- | **Canon 317 Moderator.** §1 Statutes | + | **Canon 317 Moderator.** §1 __Statutes |
- | **Canon 318 Crisis.** Bishop can appoint a commissioner | + | **Canon 318 Crisis.** Bishop can appoint a __commissioner__ |
- | **Canon 319 Temporal Goods.** Fair amount of freedom in the actions, but there is also accounting required. Goods are considered | + | **Canon 319 Temporal Goods.** Fair amount of freedom in the actions, but there is also accounting required. Goods are considered |
**Canon 320 Dissolution.** Inactivity or active dissolution by the one who erected. | **Canon 320 Dissolution.** Inactivity or active dissolution by the one who erected. | ||
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|Juridic Pers.|yes|yes|yes|no| | |Juridic Pers.|yes|yes|yes|no| | ||
|Dissolution|goods to superior JP|> statutes|JP|> | |Dissolution|goods to superior JP|> statutes|JP|> | ||
+ | | | Control | ||
====Part II: Hierarchical Constitution of the Church==== | ====Part II: Hierarchical Constitution of the Church==== | ||
===Section I: Supreme Authority of the Church.=== | ===Section I: Supreme Authority of the Church.=== | ||
| | ||
- | |||
- | **Canon 335** If the see of Rome is vacant or impeded, special law provides. But the special law is not known or promulgated. All the diacastries and departments work, but no document needing the pope's signature can be published. Any vacant sees will remain vacant because the pope sees to this personally. | ||
- | |||
- | Hypothesis - there is a special law not yet published, but promulgated only to the hands of a few who are charged to carry it out. | ||
- | |||
- | Hypothesis - if there is no law, follow canons 412 and following. In the law of the vacant see of Rome. Cardinal VG of Rome remains in office even when the see is vacant. | ||
==Chapter I: Roman Pontiff and College of Bishops== | ==Chapter I: Roman Pontiff and College of Bishops== | ||
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[[http:// | [[http:// | ||
- | **Canon 330** Just as, by the decree of the Lord, Saint Peter and the rest of the Apostles form one College, so for a like reason the Roman Pontiff, the successor of Peter, and the Bishops, the successors of the Apostles, are united together in one. | + | **Canon 330 One College** Just as, by the decree of the Lord, Saint Peter and the rest of the Apostles form one College, so for a like reason the Roman Pontiff, the successor of Peter, and the Bishops, the successors of the Apostles, are united together in one. |
+ | |||
+ | **Canon 331 Head of College** Head of the College of Bishops, the Vicar of Christ, and the Pastor of the universal Church here on earth. ...Has __supreme, full, immediate and universal ordinary power in__ the Church. | ||
- | **Canon | + | **Canon |
- | **Canon | + | **Canon |
- | §2 Should it happen that the Roman Pontiff resigns from his office, it is required for validity that the resignation be freely made and properly manifested, but it is not necessary that it be accepted by anyone. | + | **Canon 334 Assistance** Bishops |
- | **Canon | + | **Canon |
+ | * Hypothesis - there is a special law not yet published, but promulgated only to the hands of a few who are charged to carry it out. | ||
+ | * Hypothesis - if there is no law, follow canons 412 and following. In the law of the vacant see of Rome. Cardinal VG of Rome remains in office even when the see is vacant. | ||
__**Article 2: College of Bishops.**__ | __**Article 2: College of Bishops.**__ | ||
Line 331: | Line 334: | ||
| | ||
- | **Canon 336** The head of the College of Bishops | + | **Canon 336 Head and Members** The head is the Supreme Pontiff, and its members are the Bishops |
- | **Canon 337** §1 The College of Bishops exercises its power over the universal Church in solemn form in an Ecumenical Council. | + | **Canon 337 Ecumenical Council** §1 The College of Bishops exercises its power over the universal Church in solemn form in an Ecumenical Council. 2. and in their individual dioceses spread throughout the world. 21 councils in the history of the Church. |
- | **Canon 338** §1 It is the prerogative of the Roman Pontiff alone to summon an Ecumenical Council. | + | **Canon 338 Calling a Council** §1 It is the prerogative of the Roman Pontiff alone to summon an Ecumenical Council. |
- | **Canon 339** §1 All Bishops, have the right and the obligation to be present at an Ecumenical Council. | + | **Canon 339 Attending a Council** §1 All Bishops, have the right and the obligation to be present at an Ecumenical |
- | §2 Some others besides, can be summoned to an Ecumenical Council, to whom it belongs to determine what part they take in the Council. | + | **Canon 340 Suspended Council** Suspended if Apostolic See becomes vacant. |
- | + | ||
- | **Canon 340** Suspended if Apostolic See becomes vacant. | + | |
==Chapter II: Synod of Bishops.== | ==Chapter II: Synod of Bishops.== | ||
Line 347: | Line 348: | ||
| | ||
- | **Canon 342** The synod of Bishops is a group of Bishops selected from different parts of the world, who meet together at specified times to promote the close relationship between the Roman Pontiff and the Bishops.... defense and development of faith and morals, ecclesiastical discipline, | + | **Canon 342 Synod** The synod of Bishops is a group of Bishops selected from different parts of the world, who meet together at specified times to promote the close relationship between the Roman Pontiff and the Bishops.... defense and development of faith and morals, ecclesiastical discipline, |
==Chapter III: Cardinals of the Holy Roman Church.== | ==Chapter III: Cardinals of the Holy Roman Church.== | ||
Line 353: | Line 354: | ||
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- | **Canon 349** The Cardinals of the Holy Roman Church constitute a special College, whose prerogative it is to elect the Roman Pontiff in accordance with the norms of a special law.... questions of major importance, daily care of the universal Church. | + | **Canon 349 ** The Cardinals of the Holy Roman Church constitute a special College, whose prerogative it is to elect the Roman Pontiff in accordance with the norms of a special law.... questions of major importance, daily care of the universal Church. |
==Chapter IV: Roman Curia.== | ==Chapter IV: Roman Curia.== | ||
Line 361: | Line 362: | ||
**Canon 360** The Supreme Pontiff usually conducts the business of the universal Church through the Roman Curia. | **Canon 360** The Supreme Pontiff usually conducts the business of the universal Church through the Roman Curia. | ||
- | **Canon 361** In this Code the terms Apostolic See or Holy See mean not only the Roman Pontiff, but also, unless the contrary is clear from the nature of things or from the context, the Secretariat of State, the Council for the public affairs of the Church, and the other Institutes of the Roman Curia. | + | **Canon 361** In this Code the terms Apostolic See or Holy See mean not only the Roman Pontiff, but also, unless the contrary is clear from the nature of things or from the context, the Secretariat of State, the Council for the public affairs of the Church, and the other Institutes of the Roman Curia. [[http:// |
+ | |||
+ | The Roman Curia has been variously organized over the centuries. The document governing the current organization of the Curia is [[https:// | ||
==Chapter V: Papal Legates.== | ==Chapter V: Papal Legates.== | ||
Line 367: | Line 370: | ||
| | ||
- | **Canon 363** §1 To Legates of the Roman Pontiff is entrusted the office of representing in a stable manner the person of the Roman Pontiff in the particular Churches, or also in the States and public Authorities, | + | **Canon 363 Legates** §1 To Legates of the Roman Pontiff is entrusted the office of representing in a stable manner the person of the Roman Pontiff in the particular Churches, or also in the States and public Authorities, |
===Section II: Particular Churches and Their Groupings.=== | ===Section II: Particular Churches and Their Groupings.=== | ||
Line 379: | Line 382: | ||
| | ||
- | First section: local/ | + | * First section: local/ |
- | **Canon 368 Particular Churches** Ecclesia Particolaris - Particular Churches and their groupings. Authority was established in these churches. Here we find the definition of a particular church and the different categories. This text is taken (basically) from Lumen Gentium 13, 23. | + | **Canon 368 Particular Churches** |
* There are 3,000 local churches. Vatican II discussed the difference between local and universal churches – is the local church just a division of the universal church. Msgr Phillips (from Leuven) said that local churches form together the universal church, but at the same time the universal church is realized in a local church. Came up with the phrase “in which and from which” which was included in the canon: //in quips et ex quibus//. | * There are 3,000 local churches. Vatican II discussed the difference between local and universal churches – is the local church just a division of the universal church. Msgr Phillips (from Leuven) said that local churches form together the universal church, but at the same time the universal church is realized in a local church. Came up with the phrase “in which and from which” which was included in the canon: //in quips et ex quibus//. | ||
* The universal church is present in many corners of the world. | * The universal church is present in many corners of the world. | ||
* **DIOCESE** 1) Territorial Prelature, 2) Territorial Abbacy, 3) Apostolic Vicariate, 4) Apostolic Prefecture, Apostolic Administration – Military Diocese. 5) and an apostolic administration erected in a stable manner. Military Diocese - describe 4/21/86 by John Paul II in [[http:// | * **DIOCESE** 1) Territorial Prelature, 2) Territorial Abbacy, 3) Apostolic Vicariate, 4) Apostolic Prefecture, Apostolic Administration – Military Diocese. 5) and an apostolic administration erected in a stable manner. Military Diocese - describe 4/21/86 by John Paul II in [[http:// | ||
- | * **Opus Dei** is neither a Diocese nor Ecclesia Particolaris, | + | * There are two categories of Bishops: 1) Diocesan Bishops with their portio populi Dei, 2) and Titular Bishops who are ordained but have the title of an old Diocese which no longer exists. |
- | There are two categories of Bishops: 1) Diocesan Bishops with their portio populi Dei, 2) and Titular Bishops who are ordained but have the title of an old Diocese which no longer exists. | + | * Careful! A grouping of clergy is not a diocese – with no lay people. |
- | * Careful! A grouping of clergy is not a diocese – with no lay people. Also, Opus Dei, a collection of clergy and laity, is not a diocese. | + | |
* Arrieta: mutual interiority of the universal and local churches is reflected in the exercise of power in the local church which is never exclusive of the power of the universal church. | * Arrieta: mutual interiority of the universal and local churches is reflected in the exercise of power in the local church which is never exclusive of the power of the universal church. | ||
- | **Canon 369 Diocese Defined** | + | **Canon 369 Diocese Defined** from [[http:// |
* The priests don’t appoint the bishop (currently); | * The priests don’t appoint the bishop (currently); | ||
* Two essential activities: preaching the Gospel and celebrating the Eucharist. | * Two essential activities: preaching the Gospel and celebrating the Eucharist. | ||
Line 396: | Line 398: | ||
* When you have such a community under the Holy Spirit then you have a local realization of the church of Christ. Christi Ecclesia. The will of Christ is realized. | * When you have such a community under the Holy Spirit then you have a local realization of the church of Christ. Christi Ecclesia. The will of Christ is realized. | ||
* Distinguish other circumscriptions a) without a coetus fidelium would be a missionary structure, or personal prelature; b) they are not lead by a bishop, or are lead vicariously: | * Distinguish other circumscriptions a) without a coetus fidelium would be a missionary structure, or personal prelature; b) they are not lead by a bishop, or are lead vicariously: | ||
- | * The diocese is the classical and most usual form of the particular church. We have world-wide 2,800 Dioceses. About 2,150 are ordinary | + | * The diocese is the classical and most usual form of the particular church. We have world-wide 2,800 Dioceses. About 2,150 are ordinary, about 550 are metropolitan. About 75 Arch-Dioceses where there is an Archbishop i.e. Luxembourg, Monaco (but not in the context of a province or a metropolis.) |
- | + | ||
- | **Canon 370 Territorial Prelature or Abbacy** A territorial prelature or territorial abbacy is a territorially defined portio whose care is entrusted to some prelate or abbot who governs it as its proper pastor. | + | |
- | + | ||
- | There are about 50 territorial prelatures worldwide. Most are the particular church in Latin American countries. Many are connected to Benedictine monasteries, | + | |
- | + | ||
- | Decree in 1976 said no more territorial abbeys can be formed, and those in existence should be moved to other jurisdictional forms, in practice, incorporated into the surrounding diocese. Generally, abbots won't be made bishops. Also, those with less than three parishes will no longer be territorial prelatures or abbacies. | + | |
- | + | ||
- | **Canon 371 Apostolic Vicariate** §1 (Diocese wannabe) 200 years ago when Catholics went to Africa the people there were defined by the Holy See and given to congregations such as the Dominicans and the Franciscans. | + | |
- | When the population grew there the status of that territorium could be upgraded | + | **Canon 370 Territorial Prelature or Abbacy** A territorial prelature or territorial abbacy is a territorially defined portio whose care is entrusted |
+ | * There are about 50 territorial prelatures worldwide. Most are the particular church in Latin American countries. Many are connected to Benedictine monasteries, | ||
+ | * Decree in 1976 said no more territorial abbeys can be formed, | ||
- | §2 Apostolic Administration is not yet a full Diocese. Apostolic Administration governs in the name of the Pope. This happened just after WWII in East Germany. They were there for a limited time. After unification these members were then reunited with the church and then full Bishops were appointed. These are generally done because particular circumstances prevent the operation of a diocese, e.g. when National lines are redrawn and divide the diocese. | + | **Canon 371 Apostolic Vicariate** §1 (May become a diocese) 200 years ago when Catholics went to Africa the people there were defined by the Holy See and given to congregations such as the Dominicans and the Franciscans. |
+ | * When the population grew there the status of that territorium could be upgraded to an Apostolic Vicariate. | ||
+ | * §2 Apostolic Administration is not yet a full Diocese. Apostolic Administration governs in the name of the Pope. This happened just after WWII in East Germany. They were there for a limited time. After unification these members were then reunited with the church and then full Bishops were appointed. These are generally done because particular circumstances prevent the operation of a diocese, e.g. when National lines are redrawn and divide the diocese. | ||
- | **Canon 372 Territoriality** Particular churches are defined | + | **Canon 372 Territoriality** Particular churches are defined |
- | **Canon 373 Erection of a Diocese** Erection of a particular church is only possible for the Holy See for the Latin Church. By law, the diocese has juridic personality. The Holy See is also a juridic person. Congregation for Bishops and the Congregation for the Evangelization of Peoples are competent to establish new dioceses. They do so in dialog with the secretary of state - so civil issues may be respected. | + | **Canon 373 Erection of a Diocese** Erection of a particular church is only possible for the Holy See for the Latin Church. By law, the diocese has juridic personality. The Holy See is also a juridic person. Congregation for Bishops and the Congregation for the Evangelization of Peoples are competent to establish new dioceses, in dialog with the secretary of state - so civil issues may be respected. |
**Canon 374 Parishes and Groupings** A Bishop must organize the whole of his Diocese into parishes. The Bishop may but need not join parishes into groups. Parishes are essential. An episcopal vicar (who is an ordinary) or a vicar forane (who isn't an ordinary) can be over a local grouping of parishes. Federations of parishes, deaneries help parishes work more together. Some places allow that the coordinator need not be a priest. If this is done, it must be done very clearly so there are no conflicts. e.g. in one diocese a bishop promoted federations, | **Canon 374 Parishes and Groupings** A Bishop must organize the whole of his Diocese into parishes. The Bishop may but need not join parishes into groups. Parishes are essential. An episcopal vicar (who is an ordinary) or a vicar forane (who isn't an ordinary) can be over a local grouping of parishes. Federations of parishes, deaneries help parishes work more together. Some places allow that the coordinator need not be a priest. If this is done, it must be done very clearly so there are no conflicts. e.g. in one diocese a bishop promoted federations, | ||
Line 423: | Line 421: | ||
**Canon 375 Munus of Bishops** | **Canon 375 Munus of Bishops** | ||
- | §1 Bishops are 1. teachers | + | §1 Bishops are 1. __teachers__ |
§2 Teaching and governing MUST be exercised in hierarchical communion. Like priests - they can always do worship / sacraments, but teaching or governing is done by canonical mission. Selection of bishops is therefore quite important. So there is sacramental **ordination** and canonical **mission**. | §2 Teaching and governing MUST be exercised in hierarchical communion. Like priests - they can always do worship / sacraments, but teaching or governing is done by canonical mission. Selection of bishops is therefore quite important. So there is sacramental **ordination** and canonical **mission**. | ||
- | **Canon 376 Diocesan and Titular Bishops** There are diocesan bishops and titular bishops. All are ordained by at least three bishops. Duties and rights of bishops: ordaining priests and deacons; bishop always get a munus, for 2800 it is to govern a diocese. Installation of bishop is possessio canonica. Other functions of bishops are curia, pontifical diplomacy, auxiliary bishop. These get the title of a diocese that no longer exists, otherwise you have ordinatio absoluta. First 600 years all bishops had a diocese. On coming of Islam to northern Africa, many dioceses had to flee - bishops also fled. They began to help where they were as ' | + | **Canon 376 Diocesan and Titular Bishops** There are diocesan bishops and titular bishops. All are ordained by at least three bishops. Duties and rights of bishops: ordaining priests and deacons; bishop always get a munus, for 2800 it is to govern a diocese. Installation of bishop is possessio canonica. Other functions of bishops are curia, pontifical diplomacy, auxiliary bishop. These get the title of a diocese that no longer exists, otherwise you have ordinatio absoluta. First 600 years all bishops had a diocese. On coming of Islam to northern Africa, many dioceses had to flee - bishops also fled. They began to help where they were as ' |
**Canon 377 Appointment of Bishops** | **Canon 377 Appointment of Bishops** | ||
- | **377 §1** In the Latin Church the Supreme | + | **377 §1** In the Latin Church the Supreme |
**377 §2** At least every three years, ecclesiastical province sends a list (in secret) of suitable candidates to the Apostolic See. This is without prejudice to the right of every Bishop to submit names. | **377 §2** At least every three years, ecclesiastical province sends a list (in secret) of suitable candidates to the Apostolic See. This is without prejudice to the right of every Bishop to submit names. | ||
**377 §3** On vacancy (by death, resignation, | **377 §3** On vacancy (by death, resignation, | ||
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**Canon 378 Qualifications of Bishops** | **Canon 378 Qualifications of Bishops** | ||
- | **378 §1** Candidates must: 1. be outstanding in strong faith, good morals, piety, zeal for souls, wisdom, prudence and human virtues, and have particular gifts for the place; E.g. bi-lingual, bi-cultural. 2. be held in good esteem; 3. be at least 35 years old; (but generally 45-55) | + | **378 §1** Candidates must: 1. be __a good Christian__ |
**378 §2** Final judgment rests with the Apostolic See. Diocese doesn' | **378 §2** Final judgment rests with the Apostolic See. Diocese doesn' | ||
* On offering a resignation, | * On offering a resignation, | ||
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See //Ecclesiae Imago//; | See //Ecclesiae Imago//; | ||
- | **Canon 381 Power.** //Omnis competit potestas ordinaria, propria et immediata// - ordinary (in virtue of office) , proper (in his own name) and immediate (direct) power required for his office - in the three munera. E.g. Can refuse religious orders in his dioceses. Some powers are reserved to Holy See. // | + | **Canon 381 Power.** //Omnis competit potestas ordinaria, propria et immediata// - ordinary (in virtue of office) , proper (in his own name) and immediate (direct) power required for his office - in the three munera. Some powers are reserved to Holy See. // |
- | + | * §2 Those who are at the head of the other communities of the faithful mentioned in can. 368, are generally equivalent in law to the diocesan Bishop. | |
- | §2 Those who are at the head of the other communities of the faithful mentioned in can. 368, are generally equivalent in law to the diocesan Bishop. | + | |
**Canon 382 Taking Possession.** §1 Can't exercise power in the diocese till he takes possession. But can exercise the former office if it was within the same diocese. §2 Generally, a presbyter to be ordained takes possession of the diocese within 4 months, if he is already a bishop, within two months. §3 Taking possession consists of showing the apostolic letter to the college of consultors and chancellor who records it. §4 Taking possession is recommended to be done in liturgy. | **Canon 382 Taking Possession.** §1 Can't exercise power in the diocese till he takes possession. But can exercise the former office if it was within the same diocese. §2 Generally, a presbyter to be ordained takes possession of the diocese within 4 months, if he is already a bishop, within two months. §3 Taking possession consists of showing the apostolic letter to the college of consultors and chancellor who records it. §4 Taking possession is recommended to be done in liturgy. | ||
- | **Canon 383 Pastor.** §1 Bishop is to exercise | + | **Canon 383 Pastor.** §1 Bishop is to exercise |
- | **Canon 384 Relation to Presbyters.** He is to have a special concern | + | **Canon 384 Relation to Presbyters.** He is to have a __special concern__ |
**Canon 385 Vocations.** Foster all vocations - to **ministry**, | **Canon 385 Vocations.** Foster all vocations - to **ministry**, | ||
- | **Canon 386 Teacher.** §1 Bishop is a teacher | + | **Canon 386 Teacher.** §1 Bishop is a __teacher__ |
- | **Canon 387 Sanctifier. ** The bishop must give example | + | **Canon 387 Sanctifier. ** The bishop must give __example |
**Canon 388 Mass for the People. ** §1 Mass for the people on Sundays and Holy Days; §2 Must do mass personally, or if impeded, offer through another priest, or on other days; §3 If a bishop has several dioceses, one Mass can be said for all people entrusted to him; §4 obligation must be made up if omitted. | **Canon 388 Mass for the People. ** §1 Mass for the people on Sundays and Holy Days; §2 Must do mass personally, or if impeded, offer through another priest, or on other days; §3 If a bishop has several dioceses, one Mass can be said for all people entrusted to him; §4 obligation must be made up if omitted. | ||
- | **Canon 389 Eucharistic Presider.** Bishop should frequently preside. | + | **Canon 389 Eucharistic Presider.** Bishop should frequently preside.{{ : |
**Canon 390 Pontificalia.** Solemn presiding using ring, staff, miter and pallium only in his diocese, outside his diocese with permission, at least reasonably presumed, of the local bishop. | **Canon 390 Pontificalia.** Solemn presiding using ring, staff, miter and pallium only in his diocese, outside his diocese with permission, at least reasonably presumed, of the local bishop. | ||
- | **Canon 391 Government.** | + | **Canon 391 Government.** |
- | * Canon 529 - the governing of parish is more one of direct pastoral care. Okay with priest parishioner ration of 1:4000, but sometimes there are many times that many. Canon 530 the parish priest is primary minister for sacraments, the only valid minister of marriage - but he can delegate. Canon 532 priest is the juridic representative of parish. | + | |
* Bishops can lead without exercising juridical power, that power is only a supplement to his advice, exhortation and example. Power now called // | * Bishops can lead without exercising juridical power, that power is only a supplement to his advice, exhortation and example. Power now called // | ||
- | * Advances in jurisprudence and political science aren't taken up by church, e.g. separation of powers and accountability to constituencies. | ||
**Canon 392 Common Discipline.** §1 Bishop to promote unity, common discipline and observance of ecclesiastical laws. §2 Formulated negatively - prevent abuses: He should have particular diligence with regard to preaching, sacraments and worship - and administration of goods. But also, custom develops as a sign of the vitality of the faith, and may be against the unity - so the dilemma: is it a sign of faith, or a corruption of it. When the faith is strong, bishops allow a variety of practice to strengthen the unity in diversity. | **Canon 392 Common Discipline.** §1 Bishop to promote unity, common discipline and observance of ecclesiastical laws. §2 Formulated negatively - prevent abuses: He should have particular diligence with regard to preaching, sacraments and worship - and administration of goods. But also, custom develops as a sign of the vitality of the faith, and may be against the unity - so the dilemma: is it a sign of faith, or a corruption of it. When the faith is strong, bishops allow a variety of practice to strengthen the unity in diversity. | ||
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**Canon 394 Fostering Apostolate.** §1 The Bishop is to foster various forms of the apostolate; §2 He is to insist on the faithful' | **Canon 394 Fostering Apostolate.** §1 The Bishop is to foster various forms of the apostolate; §2 He is to insist on the faithful' | ||
- | **Canon 395 Bishop' | + | **Canon 395 Bishop' |
- | + | ||
- | **Metropolitans** are all Archbishops, | + | |
**Canon 396 Visitation. ** §1 Bishops is obliged to visit the diocese, at least visiting the entire diocese every five years, personally or through others. §2 Bishop can choose his own clerical companions and assistants for visitation. 5 years timed with report & ad limina. Earlier draft of this canon had more specific tasks associated with the visitation, these were eliminated in the final version. See Ecclesiae Imago 166-170. Caparros interprets strictly, incorporating 1917 norms, as if not completely reordered. Canon 6. | **Canon 396 Visitation. ** §1 Bishops is obliged to visit the diocese, at least visiting the entire diocese every five years, personally or through others. §2 Bishop can choose his own clerical companions and assistants for visitation. 5 years timed with report & ad limina. Earlier draft of this canon had more specific tasks associated with the visitation, these were eliminated in the final version. See Ecclesiae Imago 166-170. Caparros interprets strictly, incorporating 1917 norms, as if not completely reordered. Canon 6. | ||
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**Canon 398 Style of Visit.** Visitation should not to cause undue hardship or expense. | **Canon 398 Style of Visit.** Visitation should not to cause undue hardship or expense. | ||
- | **Canon 399 Quinquennial Report.** §1 Every 5 years the diocesan bishop reports to the Pope. §2 Bishop is exempted if visit is assigned in the first two years of his governance of the diocese. Schema for report is provided by the Congregation for Bishops. Report 6 months before Ad limina; this allows great documentation on local churches. Reports are distributed to the various dicastries according to topic. The bishop meets with the dicastries where there are varying levels of formality. This has become more important and collegial after Vatican 2 | + | **Canon 399 Quinquennial Report.** §1 Every __5 years__ |
**Canon 400 Ad limina.** §1 Bishop is to go to Rome to venerate the tombs of the Blessed Apostles Peter and Paul, and to present himself to the Roman Pontiff. §2 The Bishop is to satisfy this obligation personally. §3 A Vicar apostolic can satisfy this obligation through a proxy; a Prefect apostolic is not bound. | **Canon 400 Ad limina.** §1 Bishop is to go to Rome to venerate the tombs of the Blessed Apostles Peter and Paul, and to present himself to the Roman Pontiff. §2 The Bishop is to satisfy this obligation personally. §3 A Vicar apostolic can satisfy this obligation through a proxy; a Prefect apostolic is not bound. | ||
- | **Canon 401 Retirement.** §1 at 75 years, a diocesan bishop is requested to present his resignation. §2 A diocesan bishop who has become less able is earnestly requested to present his resignation. (Canon 411 for other coadjutor and auxiliary) | + | **Canon 401 Retirement.** §1 at __75 years__, a diocesan bishop is requested to present his resignation. §2 A diocesan bishop who has become less able is earnestly requested to present his resignation. (Canon 411 for other coadjutor and auxiliary) |
- | | + | |
- | | + | |
- | | + | |
- | | + | |
Rules for curial officials: 75 for cardinals, 70 for clerics and religious, 65 for laypersons. | Rules for curial officials: 75 for cardinals, 70 for clerics and religious, 65 for laypersons. | ||
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| | ||
- | Coadjutor is appointed successor for a see that is not yet vacant. Without any formalities the coadjutor begins work as soon as the former vacates. | + | * Coadjutor is appointed successor for a see that is not yet vacant. Without any formalities the coadjutor begins work as soon as the former vacates. In 1917 code, the bishop served till death, so there was a more complex array of types of bishops to assist if he couldn' |
- | In 1917 code, the bishop served till death, so there was a more complex array of types of bishops to assist if he couldn' | + | |
**Canon 403 Appointment.** §1 A diocesan bishop can request one or more auxiliaries. | **Canon 403 Appointment.** §1 A diocesan bishop can request one or more auxiliaries. | ||
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**Canon 412 Definition** The see is impeded if the Bishop can's communication with the see, even by letter because of captivity, banishment, exile or personal incapacity. Not clear who makes the determination. The bishop cannot do his work in the diocese. (Banishment - leave freely, exile sent away). Impediments may be extrinsic, exile, etc or intrinsic, i.e. personal health, etc. | **Canon 412 Definition** The see is impeded if the Bishop can's communication with the see, even by letter because of captivity, banishment, exile or personal incapacity. Not clear who makes the determination. The bishop cannot do his work in the diocese. (Banishment - leave freely, exile sent away). Impediments may be extrinsic, exile, etc or intrinsic, i.e. personal health, etc. | ||
- | **Canon 413 Interim Leader.** §1 Coadjutor assumes governance, or else, an auxiliary, vicar general, judicial vicar or another priest. Bishop is to make a succession list and communicate it to the metropolitan and chancellor, and renew it at least every three years. (This is an innovation of the 1983 code.) | + | **Canon 413 Interim Leader.** §1 Coadjutor assumes governance, or else, an auxiliary, vicar general, judicial vicar or another priest. Bishop is to make a succession list and communicate it to the metropolitan and chancellor, and renew it at least every three years. (This is an innovation of the 1983 code.) |
- | + | ||
- | §2 If §1 ineffectual, | + | |
- | + | ||
- | §3 The interim leader communicates impediment and his role to the Holy See as soon as possible. | + | |
**Canon 414 Status of Interim Leader.** Interim leader has the power of a diocesan administrator in Canons 427-429. | **Canon 414 Status of Interim Leader.** Interim leader has the power of a diocesan administrator in Canons 427-429. | ||
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**Canon 428 Innovations.** No innovations allowed during vacancy. Can't change documents. | **Canon 428 Innovations.** No innovations allowed during vacancy. Can't change documents. | ||
- | | + | **Canon 429 Residence.** Administrator must reside in the diocese, and say the mass for the people. |
- | + | ||
- | **Canon 429 Residence.** Administrator must reside in the diocese. | + | |
**Canon 430 Cessation.** §1 Administrator ceases when diocesan bishop takes possession; §2 Removal of administrator is for the Holy See. If the administrator is removed, resigns or dies, the college of consultors provides, see canon 421. | **Canon 430 Cessation.** §1 Administrator ceases when diocesan bishop takes possession; §2 Removal of administrator is for the Holy See. If the administrator is removed, resigns or dies, the college of consultors provides, see canon 421. | ||
===Title II: Groupings of Particular Churches.=== | ===Title II: Groupings of Particular Churches.=== | ||
- | The section on groupings of churches in the 1917 code was set between papal legates and apostolic vicars. As such it gave the impression of being an administrative unit of the Universal Church. In the 1983 code, it is set in the middle of the discussion of the particular church, thus may be seen more as a collegial body among bishops. | + | * The section on groupings of churches in the 1917 code was set between papal legates and apostolic vicars. As such it gave the impression of being an administrative unit of the Universal Church. In the 1983 code, it is set in the middle of the discussion of the particular church, thus may be seen more as a collegial body among bishops. |
==Chapter I: Ecclesiastical Provinces and Regions== | ==Chapter I: Ecclesiastical Provinces and Regions== | ||
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**Canon 431 Provinces.** §1 Neighboring dioceses to be grouped for fostering common pastoral action and relations between bishops. §2 No exemptions. | **Canon 431 Provinces.** §1 Neighboring dioceses to be grouped for fostering common pastoral action and relations between bishops. §2 No exemptions. | ||
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- | Note: In Belgium some want two provinces for Flemish, and French. But it is difficult geographically. Daniels has auxes for Flemish in archdiocese and for French in archdiocese and one for Brussels which is bi-lingual. What would you do with Brussels if you put in two provinces? A possible solution could be Flemish province, a French province and a immed. Sogg for Brussels, and keeping one bishop' | ||
**Canon 432 Action.** | **Canon 432 Action.** | ||
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**Canon 435 Office.** | **Canon 435 Office.** | ||
- | **Canon 436 Powers.** §1 In the suffragan dioceses, the metropolitan 1. Sees to faith and ecclesiastical discipline and reports to Rome. (Wouldn' | + | **Canon 436 Powers.** §1 In the suffragan dioceses, the metropolitan 1. Sees to faith and ecclesiastical discipline and reports to Rome. (Rare for a metropolitan to interfere - at least publicly). 2. Canonically visits suffragan diocese as approved by Rome. (Rare.) 3. Appoints Diocesan administrator as required in Canons 421.2 and 425.3. |
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- | §2 Holy See can give other functions to the Metropolitan. | + | |
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- | §3 Metropolitan has no other power, except to celebrate functions in all churches as if he were diocesan bishop. In practice, Metropolitan tribunal often hears appeals of suffragan tribunals. Canon 1438.1. | + | |
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- | See c.396, 397, 398 duties of bishops to make visitation in his diocese. No account of what the bishop has to do during these visits, but buildings and institutions, | + | |
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- | In the old codex there was a canon about the presidencia: | + | |
**Canon 437 Pallium.** §1 Metropolitan must request the pallium within 3 months of consecration, | **Canon 437 Pallium.** §1 Metropolitan must request the pallium within 3 months of consecration, | ||
- | + | * §2 It is worn only in the province. | |
- | §2 It is worn only in the province. | + | |
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- | §3 If transferred, | + | |
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- | Three steps to becoming a diocesan bishop: 1. consecration; | + | |
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- | There is still the tradition of the old codex. A metropolitan in the old code was the link between pope and suffragans in the province; the guarantee of communication between them; a sort of collaborator with Rome. Now he is seen as part of the grouping of local churches. | + | |
**Canon 438 Patriarch.** In the Latin church, patriarch or primate are merely titles of honor, unless specific privilege or custom provide otherwise. Pope used to be called patriarch of the West. But Benedict decided not to use it any more saying it is confusing; but the Orthodox objected, saying he was making claims as universal patriarch. The title not been significant in the west in the last 200 years. Metropolitan is really just first among equals. For an ecclesiastical region there is no #1 bishop. Bishops generally elect a bishop to be chairman of the gathering. | **Canon 438 Patriarch.** In the Latin church, patriarch or primate are merely titles of honor, unless specific privilege or custom provide otherwise. Pope used to be called patriarch of the West. But Benedict decided not to use it any more saying it is confusing; but the Orthodox objected, saying he was making claims as universal patriarch. The title not been significant in the west in the last 200 years. Metropolitan is really just first among equals. For an ecclesiastical region there is no #1 bishop. Bishops generally elect a bishop to be chairman of the gathering. | ||
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- | **Canon 439 National and Province Councils.** §1 Meet as agreed by the bishops, and approved by Rome. | + | **Canon 439 National and Province Councils.** §1 Meet as agreed by the bishops, and approved by Rome. Particular councils were very important in the past. A plenary council (Canon 441) is for all the bishops of an episcopal conference. Provincial council (Canon 442) is for just one province. Particular council is the umbrella term. Councils are old as the church. Representatives, |
- | Particular councils were very important in the past. A plenary council (Canon 441) is for all the bishops of an episcopal conference. Provincial council (Canon 442) is for just one province. Particular council is the umbrella term. Councils are old as the church. Representatives, | + | |
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- | §2 If a province boundaries coincide with national boundaries, then their provincial council is a plenary council and requires the approval of Rome. | + | |
**Canon 440 Province Councils.** | **Canon 440 Province Councils.** | ||
**Canon 441 Plenary Council.** §1. Conference convenes the plenary council, §2. Chooses a place for it, §3. Elects a diocesan bishop as leader (to be approved by Rome), and 4. Set its agenda. | **Canon 441 Plenary Council.** §1. Conference convenes the plenary council, §2. Chooses a place for it, §3. Elects a diocesan bishop as leader (to be approved by Rome), and 4. Set its agenda. | ||
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- | Note canons c338ff: ecumenical councils: pope calls, presides, suspends, fix agenda, can take out matters, fixes the order of celebration. Etc. For a plenary council, the conference of bishops provides, for a province council, the metropolitan provides. Though many canons require approval or action by Rome, the code doesn' | ||
**Canon 442 Province Council.** §1 The Metropolitan with the consent of the suffragans 1. Convenes the province council, 2. Chooses a place for it, 3. Set its agenda and §2 the Metropolitan presides. | **Canon 442 Province Council.** §1 The Metropolitan with the consent of the suffragans 1. Convenes the province council, 2. Chooses a place for it, 3. Set its agenda and §2 the Metropolitan presides. | ||
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**Canon 445 Legislation.** Council is to ensure that the pastoral needs of the people of God in its territory are provided for. It has legislative power. In the old code, province councils had to be organized at least every 20 years, canon 283. Today, there is no indication of how often it must be done, because there bishops' | **Canon 445 Legislation.** Council is to ensure that the pastoral needs of the people of God in its territory are provided for. It has legislative power. In the old code, province councils had to be organized at least every 20 years, canon 283. Today, there is no indication of how often it must be done, because there bishops' | ||
- | **Canon 446 Promulgation.** Laws of the Council to be sent to the holy see for the recognitio. The council should provide for their promulgation and indicate when they being to oblige. | + | **Canon 446 Promulgation.** Laws of the Council to be sent to the Holy See for the //recognitio//. The council should provide for their promulgation and indicate when they being to oblige. |
==Chapter IV: Episcopal Conferences.== | ==Chapter IV: Episcopal Conferences.== | ||
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- | Episcopal conferences are new in the 1983 code, though there were groups of bishops working together even at the time of the '17 code, on the national level, just to discuss possible conflicts and relations | + | Episcopal conferences are new in the 1983 code, though there were groups of bishops working together even at the time of the '17 code, on the national level, just to discuss possible conflicts and relations church/ |
- | + | * VCII decree Christus Dominus discussed the relationship between bishops and universal church; bishops and particular churches and dioceses; cooperation of bishops; the very specific nature of the bishop' | |
- | The Vatican 2 decree Christus Dominus discussed the relationship between bishops and universal church; bishops and particular churches and dioceses; cooperation of bishops; the very specific nature of the bishop' | + | |
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- | There were very great bishops in the 1st few centuries. Cyprianus was one of those very strong and autonomous ones but always underlined the communion with the bishop of Rome. Cyrpianus considered the episcopate as just one body, but the body couldn' | + | |
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- | At ordination a bishop becomes a member of the college, and receives a double function: for the universal church and for his own diocese. Theologically there are two levels of real jurisdiction in the church: diocese and universal. | + | |
- | The Conference of Bishops is not a true level of jurisdiction or power or government: it is not formally intermediate between the two. Bishops conference is an instrument to fulfill together some aspects of responsibility as a diocesan bishops. Coniunctim exercentium: | + | |
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- | The conference cannot override universal law, and can't do anything except by law or by mandatum of the pope. The obligation to work together is limited to practical circumstances. Very few fundamental issues can be taken up by a bishop' | + | |
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- | Bishop' | + | |
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- | Pope Paul VI motu proprio ecclesia sanctae August 6, 1966 - list of norms to make options of the council juridical. | + | |
- | Theological nature of the bishop' | + | |
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* There are 110 bishop' | * There are 110 bishop' | ||
* There are also 18 eastern right groupings of bishops in a patriarchate or a church sui juris. | * There are also 18 eastern right groupings of bishops in a patriarchate or a church sui juris. | ||
- | * Assemblies of bishops conferences on the international level: Europe: 1) Concilium Conferenci of Europe - today the archbishop of Budapest is president - a canon lawyer. 2) Commissio Episcoparum of European union - so every bishops conference of EU countries send a rep to this. Secretary is bishop of Ireland - in Brussels. This is for development of dialog within the EU (top people) and the Catholic Church. 3) CELAM: Latin American conference - staring already in the 1950s. 4) FABC: Conference of Asians Bishops: secretariat in Hong Kong. 5) African Bishops Conference: a meeting for all including Madagascar. But then also French speaking of the east of Africa and English speaking of the west of Africa. 6) Fed of Catholic Bishops conferences of Oceania - secretariat in New Zealand. There are also some sub-groups. Bishops meetings are common from early in the life of the church. In all these above canons on the conferences, | ||
**Canon 447 Episcopal Conference**. The Episcopal Conference is a permanent institution of the Bishops of a country or territory to promote the greater good which the Church offers to all people. Comes from CD 38. | **Canon 447 Episcopal Conference**. The Episcopal Conference is a permanent institution of the Bishops of a country or territory to promote the greater good which the Church offers to all people. Comes from CD 38. | ||
- | Books: complementary canons by bishops conferences, | ||
**Canon 448 Same Country.** §1 Generally bishops conferences are organized by country. | **Canon 448 Same Country.** §1 Generally bishops conferences are organized by country. | ||
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**Canon 451 Statutes.** Conferences draw up their own statutes to be reviewed by the Apostolic See. | **Canon 451 Statutes.** Conferences draw up their own statutes to be reviewed by the Apostolic See. | ||
- | **Canon 452 President.** A president and pro-president are required. Auxiliaries and titulars excluded from presidency by authentic interpretation. (An African conference had elected an auxiliary bishop.) | + | **Canon 452 President.** A president and pro-president are required. Auxiliaries and titulars excluded from presidency by authentic interpretation. (An African conference had elected an auxiliary bishop.) |
- | **Canon 453 Annual Meeting.** The Conference is to meet at least once a year. Plenary meeting: in small conferences it could be every month (Belgium), but in most of the conferences meet twice a year - generally a spring and fall meeting - but for several days each time. Belgium is one day at a time. For a time it was split by language, but now they are all pretty comfortable in Dutch. (60 years ago in Belgium it was common for each of the bishops to speak only one language.) | + | **Canon 453 Annual Meeting.** The Conference is to meet at least once a year. Plenary meeting: in small conferences it could be every month, but most of the conferences meet twice a year - generally a spring and fall meeting - but for several days each time. CD 38.2. |
**Canon 454 Voting.** Diocesan bishops and coadjutors always have deliberative vote, and only they vote on statutes. The conference can establish the nature of the vote of others. | **Canon 454 Voting.** Diocesan bishops and coadjutors always have deliberative vote, and only they vote on statutes. The conference can establish the nature of the vote of others. | ||
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There is an absolute requirement for a Presbyteral Council and college of consultors in a diocese. | There is an absolute requirement for a Presbyteral Council and college of consultors in a diocese. | ||
- | **Canon 495 Council of Priests.** The Presbyteral Council is required for all dioceses. It is advisory, never deliberative, | + | **Canon 495 Council of Priests.** The Presbyteral Council is required for all dioceses. It is advisory; the bishop is always free. There is no indication of how many priests may or must be on the council, or length of terms but it must be renewed every 5 years. Even the entire presbyterate can be on the council. It should represent the various ministries of priests. |
**Canon 496 Statutes.** The council of priests is to draw up its statutes, including composition and action - the bishop approves. | **Canon 496 Statutes.** The council of priests is to draw up its statutes, including composition and action - the bishop approves. | ||
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- | **Canon 511 Nature of Pastoral Council.** | + | **Canon 511 Nature of Pastoral Council.** Facultative study group to study the pastoral life in the diocese and to propose solutions - this is not required. Very flexible structure, composed of clerics, members of institutes of consecrated life, and especially lay people. Some places they are not very effective or very well developed. Only at the level of the diocese, not the bishops conference. There is in Belgium an interdiocesan pastoral council for the Flemish region. A free gathering without binding force. This institution was conceived in the council, and gradually developed in the years up to the code. It can be a useful pastoral means to involve the lay faithful and facilitate their call to mission, and provide crucial insight to the clerical folks. It is optional, however, if used, it's recommendations could not be ignored without serious pastoral harm. |
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- | Facultative study group to study the pastoral life in the diocese and to propose solutions - this is not required. Very flexible structure, composed of clerics, members of institutes of consecrated life, and especially lay people. Some places they are not very effective or very well developed. Only at the level of the diocese, not the bishops conference. There is in Belgium an interdiocesan pastoral council for the Flemish region. A free gathering without binding force. This institution was conceived in the council, and gradually developed in the years up to the code. It can be a useful pastoral means to involve the lay faithful and facilitate their call to mission, and provide crucial insight to the clerical folks. It is optional, however, if used, it's recommendations could not be ignored without serious pastoral harm. | + | |
**Canon 512 Members.** §1 Members are Christ' | **Canon 512 Members.** §1 Members are Christ' | ||
- | **Canon 513 Term.** §1 The pastoral council is appointed for a determinate period. §2 When the see is vacant, the pastoral | + | **Canon 513 Term.** §1 The pastoral council is appointed for a determinate period. §2 When the see is vacant, the pastoral council lapses. |
**Canon 514 Consultative only.** §1 The pastoral council has only a consultative vote. Diocesan Bishop alone convenes and presides, and makes public the proceedings. §2 It is to be convened at least once a year. | **Canon 514 Consultative only.** §1 The pastoral council has only a consultative vote. Diocesan Bishop alone convenes and presides, and makes public the proceedings. §2 It is to be convened at least once a year. |
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