Particular

 Info
Search:    

*** Summary Particular Church

  1. *** Summary Particular Church
  2. *** Summary Book 3
  3. Green
  4. PC 2/19
  5. PC 2/26
  6. PC 3/18
  7. PC 4/8
  8. PC 4/29
  9. Magisterium 4/8
  10. Magisterium 4/15
  11. Magisterium 4/22
  12. Magisterium 4/29
  13. Magisterium 5/13
  14. Magisterium 5/20

Particular Churches (c. 368) 1. (Arch) Dioceses, 2. Territorial prelature/abbacy, 3. Apostolic vicariate, 4. apostolic prefecture, 5. apostolic administration, NB: Supreme authority erects particular churches (c. 373).

Diocese: portion of the people of God entrusted to diocesan bishop (c. 369) with cooperation of presbyterate and divided into part or parishes to foster pastoral care (c. 374).

Bishop: constituted pastors in church to teach, sanctify, govern (c. 375) through episcopal consecration and hierarchical communion.
Types of Bishops: Diocesan – diocese, Titular – coadjutor or auxiliary.

Requirements for Bishops (c. 378): Solid faith and good reputation, 35 years old, Priest at least 5 years, Doctorate or license in scripture, theology or canon law, Definitive judgment reserved to Apostolic See, Whoever is promoted must be consecrated within 3 months (c. 379), Before canonical possession must make profession of faith and oath of fidelity (c. 380).

Diocesan Bishop: 1. ordinary, proper, and immediate power (c. 381), 2. cannot exercise office before taking canonical possession (c. 382), 3. can fulfill prior office before taking canonical possession, 4. if already a bishop he takes canonical possession in 2 months; if not then in 4 months (consecration precedes possession).

Diocesan Bishop as Pastor (c. 383): 1. Care for Christian faithful, 2. Spiritual care for sui iuris catholics, 3. Humble/charitable toward those not in full communion, 4. Charity also to unbaptized.

Bishop’s Care for Clergy (c. 384): 1. Listen to presbyterate, 2. Protect their rights, 3. Ensure they fulfill obligations, 4. Foster spiritual/intellectual life, 5. Remuneration and assistance.

Also preacher, teachers, social communications, vocations, et al (cc. 385-390).

Diocesan Bishop to govern (cc. 391-394): Executive power: must act in norm of law, Legislative power: sole legislator (cannot delegate), Judicial power: represents diocese in all juridical affairs.

Obligation of residency (c. 395): may be absent for just cause but not more than one month.

Visitation of Diocese (cc. 396-398) and Ad limina and quinquennial reports to Holy See (cc. 399-400).

Titular Bishops (cc. 403-404).
1. Auxiliary Bishops: for pastoral need; no right of succession but can have special faculties.
2. Coadjutor Bishops: appointed ex offcio with special faculties with right of immediate succession.
3. both can assist in governance as defined in letter of appointment.
4. when appointed w/ special faculties, either coadjutor or auxiliary is VG; other auxiliaries as VG or at least EV.

Vacant See (c. 409):
1. See vacant when bishop dies, resignation accepted, transferred, deprived of office (c. 416).
2. Coadjutor immediately assumes office provided he has legitimately taken possession.
3. Auxiliary bishops retain power as VG or EV until new bishop arrives.
4. If neither, college of consultors elects administrator within 8 days (c. 421) and informs Holy See (c. 421).
5. In transfer, bishop remains administrator of old diocese until he takes possession of old diocese (c. 418§2).
6. Administrator must be priest, 35 years old, outstanding reputation; possesses power of VG (cc. 425, 426).

Limits of Diocesan Administrator:
1. Cannot approve lay associations, entrust religious to a parish, remove JV or AJV.
2. With consent of college of consultors he can remove chancellor and issue dimissorials.
3. After one year can incardinate/excardinate w/ consultation, name pastors w/o consultation.

Impeded See: if bishop is captured, banished, exiled, or incapacitated (c. 412).
1. Diocese governed by coadjutor, auxiliary bishop, VG, EV, or priests on secret list (every three years c. 413§1).
2. if not the college of consultors (C. 502) selects priest to govern within 8 days and advises Holy See (c. 413§2).

Groupings of Particular Churches:
1. Ecclesiastical province: fosters pastoral activity of archbishop and suffragan bishops (c. 431).
2. Metropolitan: presides over province and convokes provincial council (c. 435); exercises vigilance (c. 436); receives pallium but can’t use outside diocese (c. 437).
3. Limited Role of Provincial Council: Consultation on appointment of diocesan and coadjutor bishops (c. 377§2), Establish stole fees (c. 952§1), Fix fees for acts of executive power or for rescripts from Holy See and set limit for offerings for sacraments (c. 1264).

Particular Councils
1. Two types: Plenary council for churches of same conference (c. 439§1), Provincial council for churches of same eccl. Province (c. 439§2),
2. Conference of Bishops controls plenary council (c. 441).
3. Metropolitan with consent of majority of suffragan bishops controls provincial council (c. 442).
4. Particular councils have legislative authority (c. 445) and the following have deliberative vote: diocesan bishops, titular bishops including retired bishops (c. 443§§1-3).
5. The following have consultative vote: VG, EV, major superiors, rectors of catholic universities, rectors of seminaries, limited number presbyters and other members of the Christian faithful; reps from presbyteral and pastoral council and others (c. 443§§3-6).
6. Acts sent to Apostolic See (c. 446).

Conference of Bishops:
1. Permanent institution: group of bishops by nation or territory to promote pastoral activity (c. 447).
2. Erected by Apostolic See (c. 449) w/ juridic personality.
3. Members: diocesan bishops by law and equivalents; others may also be invited, e.g., titular bishops (c. 450).
4. Deliberative vote belongs to diocesan bishops (equivalents) and coadjutors; others (auxiliaries) may possess deliberative vote as determined in statutes (c. 450).
5. Legislative authority limited; issue general decrees when universal law requires or by mandate; 2/3 majority and recognitio of Apostolic See (c. 455).
6. Vehicle to exercise teaching office (c. 753).
7. Acts sent to Apostolic See (c. 456).

The Diocesan Synod:
1. Assists diocesan bishop in pastoral activity (c. 460) but no deliberative vote of delegates.
2. Not a permanent body (c. 461).
3. The following are obliged to participate: coadjutor, auxiliary, VG, EV, JV, presbyteral council, laity and religious as determined by bishop, deans, seminary rector, at least one presbyter from each vicariate, some major superiors (c. 463).
4. Bishop is sole legislator; signs decrees/declarations (c. 466).
5. Outcome communicated to metropolitan and conference (c. 467).

Diocesan Curia: assists bishop in governance of diocese (c. 469).
1. Flexible: may include those with leadership roles in diocese and not limited to offices named in cc 475-494.
2. Moderator must be priest (c. 473).
3. For validity acts signed by ordinary, chancellor, and other notary (c. 474).
4. Bishop must appoint VG w/ ordinary power (c. 475); usually one.
5. Bishop may appoint one or more EV of place or affairs or persons (c. 476).
6. Bishop freely appoints VG & EV (c. 477).
7. Power of Vicars: ordinary, vicarious, executive power (c. 131); must be priests 30 years old (c. 478).
8. Habitual faculties granted to bishop and execution of rescripts also granted to vicars (c. 479).
9. VG & EV act with mind of bishop (c. 481).
10. Power ceases by (c. 481): mandate, resignation, removal, vacancy, suspension of bishop, suspension of VG/EV.

Chancellor: gathers, arranges, safeguards acts of curia (c. 482); may have vice-chancellor if necessary; both are notaries by office.
1. Functions as executive officer or general manager .
2. Need not be a priest, but must be of good character and above reproach (c. 483§2) .
3. Other notaries can be appointed to establish authenticity of acts, judicial acts, certain cases or affairs (c. 483); duties outlined in c. 484.
4. Freely appointed/removed by diocesan bishop, but not diocesan administrator (c. 485).
5. protection of all documents in diocesan archives (c. 486); only bishop and chancellor have key (c. 487) .
6. secret archives: remove criminal files after 10 years but leave abstract (c. 489) and only bishop has key (c. 490).

Finance Council/Officer:
1. Obligatory council with at least 3 members of Christian faithful expert in law, finance, etc. and appointed for 5-year term (c. 492).
2. Responsible for (c. 493): Duties in Book V. Annual budget, Annual review of budget, Recommend finance officer to bishop.
3. Finance Officer: appointed for 5-year term (c. 494). Removed for grave cause after hearing finance council, Administers goods of diocese, Meets expenses within budget, Renders account for the year.

Presbyteral Council: consultative body that both represents presbyterum and assist bishop in pastoral duties (c. 495).
1. Statutes approved by diocesan bishop (c. 496).
2. Half of the members elected; half appointed (c. 497).
3. Ceases during vancant see (c. 501).
4. Bishop obliged to consult council as follows: Convoke synod (c. 461). Erect, suppress, alter parishes (c. 515). Remuneration of clerics (c. 531). Establish pastoral council (c. 536). Build new churches (c. 1215). Impose moderate tax (1263). Removal of pastor (c. 1742)

College of Consultors:
1. Small group from presbyteral council appointed by bishop for 5-years (c. 502).
2. Key role in vacant/impeded see as follows: Select priest as administrator for impeded see (c. 413). Elect diocesan administrator for vacant see (cc. 419, 421). Permit incardination/excardination under diocesan administrator (c. 272). Inform Holy See of death of bishop (c. 422). Remove chancellor/notaries (c. 485).
3. Regular functions continue even during vacant see (c. 501). Advise on appointment of finance officer (c. 494). Advise on acts of administration (c. 1277). Alienation of eccl goods (c. 1292).

Pastoral Council: 1. Consultative body and represents whole diocese to advise bishop on pastoral plans (c. 511). 2. Members must be in full communion (c. 512). 3. Members serve for time designated in statutes (c. 513§1). 4. Ceases in vacant see (c. 513§2). 5. Bishop alone convokes, presides and publishes recommendations (c. 514).

Rectors: priest entrusted with care of church that is not parochial or capitular (c. 556). 1. Freely appointed by bishop , including clerical religious of pontifical right (c. 557) . 2. Can celebrate all functions provided that they do not harm parochial ministry. 3. Local ordinary can require functions, even parochial ones (c. 560) to benefit faithful.

Chaplains: entrusted in stable manner pastoral care (c. 564). 1.Appointed by local ordinary (c. 565). 2. Provided faculty for proper pastoral care (c. 566). 3. Special law for military chaplains (c. 569).

*** Summary Book 3

Previously: revelation was a deposit of faith, things, objects (OT).
Presently: revelation in the second person of God, Jesus. It involves an interpersonal reality and calls for the response of faith (c. 747).
Revelation comes to us in SCRIPTURE and TRADITION.
There is both a right and duty to teach truth (c. 748). Yet no one can be forced to embrace the Catholic faith against their will (c. 742).
Summary of conciliar teaching:
All the people of God have responsibility to witness to God revealing himself in our times.
The TOUCHSTONE of our witness (regula fidei) is the WITNESS TO THE ORIGINAL REVELATION. TRADITION is the HANDING ON OF THIS WITNESS.
The teaching office is a ministry in service to the Church.
The teaching office has the responsibility to INTERPRET AUTHORITATIAVELY when problems ARISE AS TO THE REVELATION TO WHICH WE ARE ALL TO WITNESS.
The rule of faith (regula fidei) is based on the authority of the one who teaches (magisterium) .
Independent of any civil power, the CHURCH HAS INNATE RIGHT TO:

  1. PREACH THE GOSPEL (c. 747)

  2. OWNERSHIP (c. 1254§1)

  3. Use means to COERECE OFFENDING MEMBERS of the church (c. 1311)

Divine Positive Law: Revelation – scripture, tradition.
Divine Natural Law: seen in the order of things and discovered by human reasoning. Also of divine oirgin.
Human Law: Positive Law.
Ecclesiastical Law: created by competent authority.
Civil law: binds citizens of state.
INFALLIBLE TEACHINGS:
CREDENDA: to be believed w/divine and Catholic faith. FAITH IS OWED (c. 750§1). SANCTION: excommunication for heresy.
TENENDA: deals w/secondary objects of revelation to be embraced/retained. It may also be proclaimed definitively. FAITH is OWED (c. 750§2). SANCTION: just penalty
OBSEQUIM IS OWED. Obsequium is the response to something presumed to be true, but which may be fallible. It is an ACT OF TRUST, NOT FAITH (c. 752) Sanction: a just penalty.

Pope speaks DEFINITIVELY when (1) in exercise of his office as shepherd and teacher of all Christians, (2) in virtue of his supreme apostolic authority, (3) he defines a doctrine concerning faith or morals, (4) to be held by the whole Church.
The authentic magisterium of the Universal Church (ordinary magisteriuim) does not exercise infallibility of the Church. It is fallible, but presumed correct.’
No doctrine is to be held as infallibly defined unless it is clearly established as such (c. 750§3).
HERESY: Post-baptismal obstinate denial of some truth which must be believed w/divine and catholic faith, or likewise some obstinate doubt concerning the same (c. 751).
APOSTASY: the total repudiation OF THE CHRISTIAN FAITH.
SCHISM: the refusal of submission to the Roman Pontiff.
All latae sententiae excommunications (c. 1364).
Ipso iure loss of office for apostasy and schism (c. 1336).
For cleric can also lead to loss of clerical state (c. 1364§2).
MINISTRY of the WORD – PREACHING & CATECHETICS (cc. 756-759).
Sources of the ministry of the Word: Scripture, tradition, Liturgy, Magisteriuim, life of the Church (note the order).
Preaching: to propose what people ought to believe and do.

FACULTY TO PREACH:
BISHOPS are authorized by right to PREACH EVERYWHERE (c. 763).
Some possess the faculty BY OFFICE such as pope, diocesan bishop, pastor (c. 764).
PRESBYTERS AND DEACONS have the FACULTY BY LAW to preach EVERYWHERE, UNLESS the faculty has been restricted or revoked by the competent ecclesiastical authority or unless permission is required by particular law.
PREACHING TO RELIGIOUS REQUIRES PERMISSION of the competent superior according to constitutions (c. 765).
Note: the FACULTY TO HEAR CONFESSIONS is NOT PRESUMED w/ORDINATION (cc. 967§2, 132, 479, 510).
It comes from OFFICE (local ordinary, pastor), LAW (pope, cardinals, bishops) or DELEGATION by competent authority (only the local ordinary is competent).
When it is granted HABITUALLY BY OFFICE OR DELEGATION, the LAW extends the FACULTY TO HEAR EVERYWHERE in the world. The law also grants the faculty for ANY PRESBYTER to hear a confession in DANGER OF DEATH situations.
CATECHETICS is DESIGNED FOR LIFE, has a pastoral intent.
Catechesis in the law is PRIMARILY PAROCHIAL. Catechesis differs from but is related to religious education. Religious education can be carried out in school.
Catechetics takes place through FORMATION IN DOCTRINE and EXPERIENCE OF CHRISTIAN LIVING (c. 785).
MISSIONARY ACTIVITY.
ENTIRE CHURCH IS MISSIONARY by NATURE. Laity evangelize within the sphere of their activity (c. 781).
MISSIONARIES are those persons who are SENT TO ENGAGE in missionary work by competent ecclesiastical authority; may be native or non-native, secular clerics, members of consecrated life, or laity (c.785).
Therefore the need for formal missioning by church authority (c. 784)
Could be superior, diocesan bishop, bishops’ conference, Apostolic See (c. 786).
Churches are not considered to be fully established until they become concerned w/missionary work, that is evangelization, on their own.
Rights of CATECHUMENS (c. 788)
Can be buried w/a catholic ceremony.
Can be married w/Catholic ceremony (but not bound by catholic form, nor are some impediments applicable).
Structures for Education in the Code.
Schools up through what we consider grade 12 (c. 796ff)).
Catholic Universities (c. 807).
Ecclesiastical Universities and Faculties (c. 815ff).
Schools are an aid to parents, home-schooling not prohibited.
Schools: only a competent ecclesiastical authority can consent to use name “Catholic” for a school. Competent ecclesiastical authority must give written recognition for school to be a Catholic School (c. 803).
The faithful can establish schools, but official teachers of doctrine must be designated by the hierarchy, and don’t forget the note above about “Catholic” in the title (c. 800§2).
Any public juridic person can “run” a school, but subject to the diocesan bishop’s visitation/supervision (c. 806).
Catholic Schools: 3 types according to external criteria (c. 803)

  1. Run by competent ecclesiastical authority such as the diocesan bishop

  2. Run by public juridic person such as religious

  3. If none of the above, must have recognition in writing by competent ecclesiastical authority.

Besides external criteria, they must also have internal elements.
Content, formation, teachers of correct doctrine and integrity of life.
Schools of religious institutes are automatically Catholic schools, but need consent of bishop to establish them (cc. 801, 803).
University: has at least 3 graduate faculties.
College: primarily undergraduate (in other countries, colleges are Residences for university students). Catholic identity of university (c. 808):

Summary: Catholic School vs. Catholic University.
Catholic Schools must be: Authority must say the school is Catholic
Catholic college/university:

Mandate to teach in a college/university (cc 812, 818). Binds only Roman Catholics. Theological Disciplines. Only for teachers. Not required for research.
Competent ecclesiastical authority grants mandate.

Mandate in normal canonical usage means delegation: here it is NOT delegation, but is participation in apostolate of hierarchy.
Ecclesiastical Universities and Faculties:

IMPRIMATUR: a stamp, SEAL OF APPROVAL. At present, it means that everything is IN CONFORMITY w/OFFICIAL CHURCH TEACHING (c. 823).

CENSORS (c. 830)

The ONLY THING a censor can LOOK AT IS THE MAGISTERIUIM OF THE CHURCH. It is UNCLEAR WHETHER SPECULATIVE THINGKING can RECEIVE THE NIHIL OBSTAT of the censor.
NIHIL OBSTATE (NOTHING IS IN THE WAY) is required for the ordinary’s permission to publish. If the ordinary gives PERMISSION TO PRINT, must give OWN NAME, DATE AND PLACE. This is USUALLY TERMED IMPRIMATUR.
PROFESSION OF FAITH (c. 833) required of:

Green

* Scope and Limits of Power of the Diocesan Bishop. The Jurist 49 (1989) 472-506.

PC 2/19

PC 2/26

PC 3/18

PC 4/8

PC 4/29

Magisterium 4/8

April 8 2008

p. 1841

Gregorius started (V) started the Gregoriana in Rome.

Latin America, India, Greeks in Italy and for Protestants in Europe. A group of cardinals invited by the pope to give advise for a specific matter – a Congregazione. RC was thus but now permanent institutions. We still call them congregations. This is why many congregations have some of the same members.

Clemente VIII 1599 de Propaganda Fide: for the propagation of faith. But it didn’t keep going. Gregorio XV with Inscritabili Divinae reestablished it. But as a permanent institution. June after the first preparation 13 cardinals and 2 other prelates. Propagation of the faith and the unity of the church in the total world (known at that time) especially for intense activity in recently discovered territories.

According to Vatican II (from the decree on the missions Ad Gentes no. 6) Church is mission.

The word Catechesis comes from Greek: to make known by oral tradition/communication, by telling.

Pastor Bonus: art 85 don’t step on the toes of the Eastern Rite Churches.

This congregation is responsible for defining and carrying out everything in mission territories: bishop appointments, apostolic prefectures, and vicariates on to dioceses.

Every year more than 200 bishops are appointed and half of them are in this congregation (not in the congregation for the bishops who appoints the other half). So this is the second or third most important congregation in Rome.

Direct and exclusive competence with a few exceptions for three other congregations. This congregation is territorially defined. Art 88: 1 / 2.

Art 90/2 eg White Fathers for Africa was under this congregation. Now called Fathers of Africa. Also individual missionaries.

Definition of territories – dioceses etc by this congregation (always through the approval of the pope). C360: in his name and by his authority…

For these regions that congregation is responsible for all kinds of questions, problems; for the study of the reports made by all the bishops in these territories during their ad limina visits; reports made by the nuncios and the diplomatic personnel of the holy see about these territories – and not to the congregation of the bishops who handle the rest of the world. Also the reports made by bishops conferences in mission territories; and discipline of the clergy; charity organizations, hospitals, homes for the aged, etc. Catholic Action; catholic schools especially seminaries. All these mission territories are trying to develop native clergy for the development of Christian Faith in the mission territories.

Art 91; propogation of faith; peter’s pence; holy childhood association plus pontifical Missionary Union of the Clergy.

Schiavi – slaves: for the freedom of slaves. (are they still working now in the area of child sexual slavery? Women?)

Paul VI 15 nov 1976 for Africa but decided it was for all missions.

Regimini Ecclesiae universae – Aug 1967 rework of the curia renamed propagation of the faith to for the evangelization for peoples. Paul VI kept both names. JPII changed it to just evangelization for … in 1987 when he reworked the curia. So this is an important congregation. Makes up about half the churches of the world. Prefect is a powerful man and has huge financial resources to give (or not) depending on how things are going.

The structure is the same as we find for the other congregations: List of members (membra) cardinals apptd for 5 years for regular meetings generally once a year in Rome, also a few bishops. National directors of pontifical missionary works: secretary of the congregation, asst secretary or whatever. A well-elaborated administration; and a good member of bishops acting as advisor/periti; commissions for this and that; specific council relations between the congregation and superiors of missionary congregations; material assistance of the missions; many lay people working there to offer travel assistance etc.

Dicastery is the general term for every type of structure in the roman curia. In greek dicastery means church.

Next week we start Catholic Education c793.

Magisterium 4/15

Annuario

Last week we looked at cc360-361 on the Curia – there are no more because the new law was not yet finished.

STUDY PASTOR BONUS 28 June 1988

193 articles basic legislation for roman curia. This is not everything on the curia – it is the basis.

Extra issue of the Acta Apostolica Sedes.

Annuario Pontificio

Basic information about people and dioceses but also for the structures of the curia.

Dioceses last week – how to read the information – can get a look at the life of the church.

We don’t find here baptisms: baby v adult. More and more adults receiving baptism.

In China there are thousands baptized – last year 13,000 pre-Easter.

Brazzaville 1955 vicariate apostolic 14 June 1922 formerly Ubanghi 14 October 1890.

Ref to ** = that diocese is under the control for the Congregation for the Evangelization of Peoples: Propoganda fidei.

If no * = it is the conference of bishops

If one * = eastern catholic dioceses

Bucar (not in my annuario) Ukrainian under Vif in Ukrain

*Kolomyia-Chernivtsi also Ukrainian under Congregation for Eastern Churches.

Section: Sedi Titolari: Titular Sees

Ieper, Ypres – Belgie – m. Mechelen

Did have Mees as its titular bishop, it is ONLY a titular see.

Mees was a nuncio working for the Holy See in diplomacy (he asked LDF to join the diplomatic service, but LDF didn’t like that idea of life).

Members of Curia, auxiliary bishops, etc. But they are shepherds without sheep. No pastoral life whatsoever. About 2,000 titular sees available and about 1,000 have been assigned to living persons.

Canon 376. They are ordained, they have the rights, they have the liturgical rites, but they have no sheep.

If he becomes a diocesan bishop he leaves his titular title and takes on the title of his diocese. Only one title at a time.

More than half of the current titulars are auxiliaries. Sometimes work for big national catholic organizations – charity work etc. They have no jurisdiction in the place of the title.

Origin: lots of dioceses in Northern Africa were abandoned after the invasion of Islam and went to Europe and given status of auxiliaries. When this first generation of them died, successors were also ordained, perhaps to think they would one day be able to go back, but this hope eventually evaporated.

So diocesan or titutlar: (bishop emeritus – retired): exception – bishop coadjutor: appointed by the holy father, ordained to be the future diocesan bishop and is called “bishop coadjutor of ….” I.e. of his future diocese.

From the moment the diocesan bishop dies or his resignation is accepted then the coadjutor just walks across the hall and takes over – no other formality or act required. Good technique especially in areas of persecution – then the see is never vacant.

Sometimes we don’t know where these places were even.

Section: Territorial Prelature

Most of these were mission territories; most of their bishops are members of religious orders. Latin America, China, Africa, etc. Some of them are pilgrammage cites – Loreto, Pompeii

Section: Territorial Abbacies – very important monasteries; most Benedictine, small diocese of parishes nearby together form the diocese. Only a few of these, but generally very famous. Sometimes the abbot is ordained a bishop, sometimes not.

Section: Eastern Rite

Ordinariates – some countries are just one big ordinariate for all the eastern rite Catholics.

Section: Military Ordinaries

34 of them world-wide.

Section: Prelature Personali — Opus Dei

This is not correct: this is not a local church, not a particular church.

In the Codex it is a sort of association of clerics, and not under the hierarchical constitution of the church. So its strange that it is here in the middle of particular churches. But they keep hoping: non-territorial particular church.

Section: Apostolic Vicariates

Mission Territories goeerned by a local apostolic vicar:

** = propaganda fidei

+ = eastern churches

Section: Apostolic Prefectures

Almost the first step

Section: Apostolic Administration

Almost the first step also

Section: Personal Apostolic Administration: Lefebre Christians but now accepting again in communion with Rome – No territory therefore personal. Bishop is from Rome.

Section: Missions sui iuris:

The very beginning of catholic life.

Section: Synod of Bishops

Consiglio di cardinali – for studying economic and financial problems of the holy see. 15 cardinals

(Met Roch Page)

****=

0* = supervision for congregation of the bishops

Sinodi dei vescove — for mixed rites conferences

Organization: first by rite

Second element – inter-ritual rites meeting of bishops at the state or regional level (but they have no jurisdiction or legislative power. They try to find common position and with state organs)

International meetings of bishops conferences (again without legislative authority) Old boys club.

Consilium Conferentiarum Episcopalium Europae (CCEE) – this is important

1995. started in Switzerland.

Consejo Episcopal Latino Americano (CELAM)

Started in the 50’s .

Commissio Episcopatuum communitatis europaeae (COMECE) bishops of the European Union.

La Custodia di terra santa – for the holy places in the holy land.

Section: Geographic Distribution

Listed: Metropolitan, with all of its suffragans.

Italy has 236 dioceses for 60,000,000 people. Divided by regions – 20 important ones. Little dioceses used to be really small eg Ravenna-cervia etc.

Nederlands = Paesi Bassi

All the above from the beginning is to give us an idea of the universal character and organization of the church.

Ritta Nella Chiesa 22 eastern rites – churches sui iuris.

Dati Statistici –

Second half of the book is the Curia Romana

Every congregation has the same structure:

Members: cardinals/bishops

Secretario: a bishop

Sotto-segretario

Promoter of justice??

Capi Ufficio: section heads

Aiutanti di Studio etc – people working

Consultori – experts apptd for five year terms to give advice when it is asked for – mostly written. Not for meetings as a group. Staff (officiales), members, consultors. Always a cardinal prefect, and second man is secretary of the congregation who is responsible for the daily work.

Tribunals are also structured the same

Then lists of religious congregations,

Note storiche, and alphabetic list of persons mentioned (including new monsignors even if not mentioned).

175 countries have diplomatic relations with the holy see.

Magisterium 4/22

c. 800 – a declaration, not a law.

A new school in Belgium is started because of the Belgium constitution not because of this canon.

/2 is a juridic obligation

Cf canon 222/1 obliged to assist with the needs of the church.

For worship, apostolate, charity, ministry for money.

Schools are apostolate – need money

‘FOR” foveant a light obligation. A very strict obligation would be deberant: strict obligation. Foveant is a conjunctive.

C801 strive. Specializing in education – certain congregations; their charisma. They always have to have the consent of the bishop. No new catholic activity without consent of the bishop.

C802: bishop is to establish schools – can invite members of a congregation to start one; not only for general etc. etc /2.

C803: definition of a catholic school: direct responsibility is in the hands of ecclesiastical people – order, diocese, bishop – or a public ecclesiastical juridic person: parish or diocese.

Sometimes they start out that way, but later change. Many schools started with sisters and they taught, administered, governed – through Belgium civil law non-profit corporation; recent years lay people were appointed to the boards – officially still under the control of sisters, but actually being run by lay people. When these people refuse to follow directives of the bishop he can’t do anything about it. The only thing he can do is take away the name catholic. He can sue in court to uphold that.

803/2

803/3 can only use catholic without consent of the authorities – and this is protected by civil law in Belgium.

C804: /2 concerned with

C805: KEY: but this is a sort of declaration.

C806: bishop has the right etc. even religious ones. Prescripts etc.

Religious have an internal autonomy within the school.

806/2: on a par or above academically (this is advice).

Last November 20 (made public) Congregation for Catholic Education: Educating together in catholic schools, etc.

250,000 catholic educational institutes, by 42 million pupils. 3.5 million teachers.

Chapters II and III more important for us.

Catholic Universities and other institutes

807-814;

Ecclesiastical Universities and Faculties

C815 – 821 and even in 821 you find a reference to “other higher ecclesial institutes”.

What’s the difference:

A catholic university originally founded by the church or accepted by it, but for all kinds of disciplines and generally with secular degrees/diplomas. But in a catholic university to have a faculty or chair for theology, also. The church has some influence in the direction/governance of the institution but is not the owner. Leuven is a typical catholic university.

Germany has only one catholic university.

France no catholic university because the title universitè is only for state institutions. There are four catholic universities but can’t call themselves that: l’institute catholic in Paris, Toulouse, Poitier and one other. But its in tiny little Latin underneath: Parisian Catholic University. Also one in Lille.

c. 815:ff Ecclesiastical universities or faculty or group of faculties directly established, directed and controlled by the church. Purpose is the development of ecclesiastical disciplines and the first goal is the training of more specialized people among the clergy and now also lay people. – Gregoriana in Rome; or the Antonium, the Angelicum, 7 or 8 in Rome. The degrees are mainly inter-church canonical degrees and not immediately recognized by civil authorities. In ecclesiastical university is given to clerics - religious or secular. Deans etc must be approved by the holy see.

These are mainly small – a few thousand or fewer students.

Sometimes a combination. In certain universities (catholic or state) it is possible to start with an ecclesiastical faculty of theology recognized. Germany has famous ecclesiastical theology faculties in state universities.

Here in Leuven Cannon law and Theology have the status of ecclesiastical departments. Not philosophy here.

We have two very famous documents.

Apostolic Constitution 1979 JPII Sapientia Christiana: this was a very detailed document for ecclesiastical univerities and faculties. Published first and then in April 1979 norms (very concrete) were made known by the Congregation for Catholic Education.

For Catholic Universities, 1990: Ex Corde Ecclesiae. General principles, norms, etc.

Every bishops conference was given the responsibilities to develop norms to make more complete the org of catholic universities.

Ex Corde also an apostolic constitution.

Holy see had to give recognition for the norms following.

In Belgium there are 12 catholic universities and other institutes of higher education. Belgium bishops decided not to publish norms. Daneels declared there were no problems with catholic universities and as grand chancellor he would fix it. More flexibility. But what about after Daneels? Cardinal prefect accepted, but that won’t go on forever.

Everyplace else the conferences developed norms.

Text of Sapientia Christiana by JP II.

1979 etc in heading.

Margin numbers are the Acta pages

This is taken from the Leges Ecclesiae (after the 1917 Codex) Nine volumes: Vol 1: 1917-1941: all the laws and non-juridical texts. Last volume until 1999. Editor was Ochoa and is referred to as Ochoa but now there is another Spanish Priest.

Just documents: instructions, constitutions, decrees, decisions of the pope etc. direct and indirect juridical impact. Chronological.

We have only the first page of the Sapientia Christiana – just the introduction

Idea is to reorganize the (III) catholic universities. Mirum tamn non est – not a surprise.

After the text we find the norms: Titulus II: De Facultate Iuris Canonica: Art 75-78

Then the norms were issues (next page)

Art 50, 55-58

Decretum issued by CIC (catholic education)

Changes to the previous in 2002.

So this decree changes the document of the papal authority. This is not logical hat a lower order can change the higher.

Magisterium 4/29

c. 807: important but not juridic norm: right of the church … declaratio only … this is telling the outside world, not for the internal governance of the church.

…which contribute … this is the basic task of the universities etc that we have the right to found – with the values of the gospel and the enculturation of the gospel into daily life and world cultures and that we take the best of each culture (ref Gaudium et Spes)

C808: law; a recognitio. Eg. Peter Urdu started a new university in Budapest after the fall of communism. Had to create a Hungarian juridic person, and had to ask Rome to give the title Catholic.

Note that most of these colleges and university institutions are not juridic persons according to canon law.

C809: not law: do your best, boys, if you can.

C810: very complicated: claim the right to appoint only good Catholics and that you can send them away when they don’t live up to it. Very hard to do in secular milieu.

“integrity of doctrine” = if the bishop hasn’t heard of you you’re okay. But what does that mean? One must teach the official doctrine, however, if we have a difference of opinion we should also express that; probitas vita – not married again and again without necessary invalidity of previous marriages.

LDF says we should be able to ask all in the university to not publicly attack the Church. That might be the minimum we can ask and enforce.

Here we have the internal statutes, plus Belgian law, and financial assistance of the state like all other educational institutions in the state. It would be especially difficult to maintain this norm here.

What is the criteria that makes a Catholic university? Is it sufficient to be “inspired” by the Church?

C811: /2 refers to the ethical dimensions of those other faculties.

c. 812: mandata – here at Leuven everybody in Theology and Canon Law. The five Flemish bishops must accept a new appointment in these two faculties or the university will not make the appointment.

C833: oath also required now.

C813: university parish or catholic student centers etc. US Newman centers. I think there’s one here, too.

C814: universities and other institutes of higher learning.

Chapter III: Ecclesiastical Universities Faculties – these are under the direct control of the Church.

C815: here a double intention. To study in depth theological disciplines and connected disciplines (church history or whatever); and also to train people for higher responsibilities in the church

C816: only apostolic see can erect or approve these. Often religious institutes will start in a small way then grow to include lay people, then realize they might as well ask for recognition.

Opus Dei started like that with a sub-faculty of Navarre in Rome, then became autonomous, then asked to be recognized, then became University Santa Croce in Rome. Same happened for others under Paul VI.

Digression:

History of Ecclesiastical Faculties: Gregoriana 1553: Ignatius Loyola. Recognized in 1556 and Pope Gregory gave them a bunch of property in 1583.

Oriental Inst 1917

Biblical Inst 1909

18th century:

Collegium romanum but it became pontifical institute in 1883 laternaum

Urbaniana: 1962

St Thomas in 1580 just for Dominicans; 1909 angelicum, 1963 pontificia universita St Thomaso

1973 Ciliciana

Catholic taken away from Nejmegan last year. A new faculty was started in Utrecht of Theology to replace it.

Opus Dei 1985; 1990 independent from Navarre.

Leuven: 1425 in December started in 1426 with arts, medicine, civil law, canon law. 8 years later theology 1438.

UCL canon law?

Theology was in Latin in the 60’s here. Young French doctors couldn’t speak to the patients; political problems in the country. Anyway it was getting too big for Leuven. At a moment the bishop’s conference 13 May 1966 on Sunday they decided not to split. Huge reaction – day afterwards there was a huge strike here. It was also confirmation month – protests even in the parishes. Kicked it back to the government who had told them to decide. 1968 January – February government fell, new elections; New government said Leuven said it had to split and new university had to be in the French part. All faculties were split.

Canon Law had only 3 full-time professors and 10-15 clerical students. Bishops said leave it alone and move it to UCL. But 3 profs were not too close. The French profs wouldn’t accept Onclin to go with. So they tried it again being split. So only Onclin full-time here except not here much.

In UCL they integrated the two into theology but as soon as one retired they hired another theology prof instead of a canon lawyer, eventually just died out. SO the bishops suspended in tempus indeterminatum in the 80s.

Here in Leuven Onclin did okay but he retired in 1975 and LDF took over and tried to rebuild the program – sort of stuck between law and theology so they got to stay autonomous. 1988 English program started.

Special: Bijzondere was invented 10 years ago – two small to have a Dean being member of the academic council. LDF dean for 10 years; Rik 9 years, but no official dean – but rather co-deans now. An oral agreement or directive imposed by the director.

Question: Is it better to bring it into another faculty? A department in theology or in law? If Torfs or LDF disappear the university will probably make some sort of decision maybe.

End of Digression

816/2 approved statutes and plan of studies by the Apostolic See.

And also in many the dean must also be approved by the Holy See also (as in the statutes)

C817:

C818: okay

C819: another purpose: send future leaders

C820: mutual assistance among departments

And between other universities etc.

C821: .

Daneels is the grand chancellor for both KUL and UCL + the Flemish or French bishops for either university.

Magisterium 5/13

Visitation Team for May 28 & 29:

3 canon lawyers (2 Belgians – 1 Dutch)

1 specialist in pedagogy & psychology

1 representing the students (but he’s old – 45 and working on canon law licentiate; and has a phd in history).

This results in a public report at the end. We don’t get compared to anyone.

Netherlands & Flanders cooperate to decide on the future of the accreditation.

c. 822 ff: instruments of social communication and books in particular.

Everything was under control before the printing press. Damn Gutenberg. 15th century. Church was still able to control most things. Could at least control religious books and literature. Index – the forbidden books and texts – at least to control what people should not read.

For centuries the Index worked – and there was even a congregation for it from 16th century forward. Still worked last century and abolished by Paul VI.

So a nihil obstat and if that was not used then something could go on the index. Sometimes a dispensation could be given to read forbidden books for a doctoral dissertation or special study of some sort.

So this is the last gasp before the internet and mass communication.

The only limited control today still more or less effective is that certain texts/books get an approval before publishing. Liturgical texts/books, liturgical norms, for the bible and the different translations of it, for books concerning faith and morals, that you ask authors to get a nihil obstat before publication of the work. And that what is the idea in these canons. This is so that people know that what they are reading is in line with catholic doctrine. Same for catechisms and for all books concerning faith and morals used for schools.

Today we see that translations are correct by making all the translations are made in Rome and are therefore correct and not subject to local translations changing the meaning.

Even the law of the church cannot be printed and edited without the permission of the holy see. Civil law systems do not limit the publication of laws. But if you want to do something with the codex you have to pay and you must ask approval.

Codex translations are not approved by the Vatican.

English is the only language that has two different working translations.

GBI NZ AUS CAN and US.

C822: church has a right to do this. An aspect of teaching, communication of doctrine.

C823: fides et mores: faith and morals – doctrine and action in the line of doctrine.

/2 bishops teaching office for correct teaching.

C824: who is the proper ordinary?

/2 any writing for public use.

C825 then start the details:

Bible: conference or HS approves

Same for translations.

Okay with separated brethren under some conditions.

C826: liturgical books: divine liturgy and congregation for sacraments. Also for reprints and future editions

C827: catechisms etc., by the local ordinary but also maybe the conference. 775/2

827/2 regular school book use even up to college level.

827/3 really all those kinds of books should be submitted even if for the general public

827/4 in order to be sold or displayed or given away unless they have the nihil obstat. For church bookshops. Here the presumption is that church authorities do agree, so you have to make sure that they do agree.

C828: no reprint without approval and permission: decrees, laws, letters, motu proprio etc.

1990 CCEO has a canon on intellectual property rights. Somebody wrote their second doctoral on this.

C829: approval for original only.

C830: not an obligation – can compile a list of censors – for bishops to use if they want.

C830/2: no favoritism and consider only the church.

C830/3: in writing. If he doesn’t agree the bishop must let the author know.

C831: faithful are not to attack the church. Clerics must have permission to write.

831/2 TV or radio conference of bishops.

C832: religious have to get their superiors permission.

Rome used to just start a rumor that so and so’s work was being looked at in the congregation – it would sometimes serve to straighten up someone who was leaving.

So it’s no longer under control. Can’t forbid people to read and think.

Visitator Atkins was president of the translation commission on the codex. Now on an inter-diocesan commission.

Could a nihil obstat be withdrawn? No. For a new edition or reprint it may not be given again.

Magisterium 5/20

Profession the faith

C833:

(remember: we must be here at 11:00 on Friday morning…)

So c833 & handout:

A certain group of people must make a profession of faith: ecumenical council, particular council, synod of bishops, diocesan synod,

//2 new cardinals

//3 new bishops or (before the nuncio) apostolic administrator, apostolic prefect,

//4 diocesan administrator

//5 vicars general at the start of office, episcopal vicars and judicial vicars,

6// parish priests, rectors, profs theo and phil & deacons

//7 rectors teachers of faith & morals

//8 religious superiors

All these are in relation to the mandatum.

Footnote:

1989: published in l’osservatore romano first because pastor bonus became binding on the March 1 1989 so the profession of faith was published at the end of February.

That caused a lot of trouble because it isn’t required reading.

In April the January issue of AAS was made public with date of Jan 9, ’89 included it also.

In September 19, 1989 the new stuff was confirmed by a rescriptum ex audientia and the conferences were ordered to make a correct translation to be approved by the holy see. Thus sayeth the CDF.

Text and commentary published on June 29 1998: a nota doctrinales.

The Latin text of June 1998 will be in our reader so that we can consult it.

The text English as approved for Canada: Nicaea in 325 & Constantinople in 381:

Plus three extra paragraphs:

(cf c850 and in penal law the sanctions)

Plus the brand new ius oath for taking up a new office:

This is not in the code. And it is adapted slightly for each different office. An extra paragraph for a diocesan bishop; titular aux says he shall do everything in strict collaboration with the diocesan bishop, etc.

So there is either a double obligation in canon 833: to say publicly that you are still faithful and take the credo as your own belief and to sign on the dotted line, and that you will correctly fulfill the office given to you. (second oath).

833//8: religious

Text of oath varies slightly … about the institute (p. 650) and about relationship with the diocesan bishop – not under his obedience, but will correctly collaborate.

Read carefully, document of June 29, 1998 called Nota Doctrinales, professiones… Doctrinal note clarifying the most recent formula of professio fidei. This is a commentary given by the CDF on the three extra paragraphs (written by Ratzinger) following the actual creed.

Text 29 June 1997: peter & paul. Agendi ratio in doctrinaro examine. How to proceed in the study of doctrine.

Clearly delineated in the latin text.

Readers will be available this week.

Exams:

Organization of the Magisterium - Book III but not on mission and schools. (title 2 and 3). - Also in the reader will be text of the CCEO, also canons concerning teaching in Lex Ecclesiae Fundamentalis. Look at this stuff for those titles we have to study. LEF for general background.

Bring both CIC and the CCEO.

Reader has also the text of 1917.

This is a Wiki Spot wiki. Wiki Spot is a 501(c)3 non-profit organization that helps communities collaborate via wikis.