diocesan administrator canon law

Candidates elected, who lacked canon-law prerequisites and/or papal confirmation, would officially only hold the title diocesan administrator (but nevertheless colloquially be referred to as prince-bishop). The smaller body usually consists of the residentiary members and is included in the larger one. If a diocese has a coadjutor bishop, the coadjutor succeeds immediately to the episcopal see upon the previous bishop's death or resignation, and there is no vacancy of the see. If a diocese has a coadjutor bishop, the coadjutor succeeds immediately to the episcopal see upon the previous bishop's death or resignation, and there is no vacancy of the see. Prince-bishoprics were elective monarchies of imperial immediacy within the Empire, with the monarch being the respective bishop usually elected by the chapter and confirmed by the Holy See, or exceptionally only appointed by the Holy See. A diocesan administrator is a provisional ordinary of a Roman Catholic particular church. An episcopal conference can transfer the functions of the consultors to the cathedral chapter. The responsibility for electing a Diocesan Administrator rests with the College of Consultors. They can be "numbered", in which case they are provided with a fixed "prebend", or "unnumbered", in which case the bishop indicates the number of canons according to the rents. Between 1821 and 1972 it was officially known as (Arch)Diocese of Breslau. [4] Canon law subjects his activity to various legal restrictions and to special supervision by the college of consultors (as for example canons 272 and 485). Since the Investiture Controversy in 11th and 12th centuries the cathedral chapters used to elect the Catholic bishops in the Holy Roman Empire. McKenna notes that the Code of Canon Law is designed for mediation, not litigation. When carrying out the duties pertaining to the administration of temporal goods, canon law requires that civil laws be observed unless they are contrary to divine law and unless canon law provides otherwise (can. This was because the emperor would have to use force to bar the candidates from ruling, with the emperors lacking the respective power or pursuing other goals. The Diocese and Prince-bishopric of Schwerin was a Catholic diocese in Schwerin, Mecklenburg, in Germany. The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". Later, when Protestants were usually denied papal confirmation, the emperors nevertheless invested the unconfirmed candidates as princes - by a so-called liege indult (German : Lehnsindult) - due to political coalitions and conflicts within the empire, in order to gain candidates as imperial partisans. The twelve members of the Diocesan Chapter also fulfill the role of College of Consultors in the Diocese of Clogher, thereby acting as senior advisers to the bishop and, in the event of a vacant See, electing a Diocesan Administrator when required to do so. I looked at the Code of Canon Law referenced in the article (Book II, Part II, Section II, Chapter III, Art. When the diocesan seat/see is vacant, the College of Consultors elects a diocesan administrator within eight days unless one is appointed by the Holy See. THE PEOPLE OF GOD ... person is not to be a pastor. The power of governance is attached to the office of administrator (canon 131, § 1). Such donations usually comprised earning assets, originally landed estates with serfs defraying dues or with vassal tenants of noble rank providing military services and forwarding dues collected from serfs. 502 §3. Many Protestant candidates, elected by the capitulars, neither achieved papal confirmation nor a liege indult, but nevertheless, as a matter of fact held de facto princely power. The election of a diocesan administrator is a fulfillment of Canon Law 421 (1) which states: “The College of Consultors must elect a Diocesan Administrator, namely the one who is … Some (not all) of the Diocesan Bishop’s decisions require that they be given a hearing or “consulted;” other decisions require their consent when indicated in canon law. [2] If the college of consultors fails to elect a priest of the required minimum age within the time allotted, the choice of diocesan administrator passes to the metropolitan archbishop or, if the metropolitan see is vacant, to the senior by appointment of the suffragan bishops of the ecclesiastical province.[3]. •Civil courts must defer to hierarchical tribunals to avoid civil interpretation of, and subsequent However, he is given authority to appoint pastors if no archbishop is named within a year of Archbishop Buechlein’s retirement. Even more confusingly, parts of the prince-archbishopric belonged in religious respect to the neighbouring diocese of Verden, making up 10% of its diocesan territory. The historic territory of Verden emerged from the Monarchs of the Frankish Diocese of Verden in the area of present-day central and northeastern Lower Saxony and existed as such until 1648. Cf. The see also does not become vacant if the Pope appoints an apostolic administrator. § 2 . [2] If the college of consultors fails to elect a priest of the required minimum age within the time allotted, the choice of diocesan administrator passes to the metropolitan archbishop or, if the metropolitan see is vacant, to the senior by appointment of the suffragan bishops of the ecclesiastical province. The college of consultors elects an administrator within eight days after the see is known to be vacant. This morning, Thursday June 18, 2020, the College of Consultors met by ZOOM. Diocesan administrators in canon law. This type of apostolic administrator is usually the bishop of a titular see. ... courts from interpreting canon law to resolve intra-church disputes. The diocesan administrator has greater powers, essentially those of a bishop except for matters excepted by the nature of the matter or expressly by law. So they then also elected Protestants as bishops, who usually were denied papal confirmation. However, the Peace also secularised many of the prior Protestant prince-bishoprics and transformed them into hereditary monarchies. It should not be confused with the Diocese of Osnabrück, which was larger and over which the prince-bishop exercised only the spiritual authority of an ordinary bishop. According to Canon Law, a Diocesan Administrator must be appointed to ensure the proper functioning of the Diocese until the arrival of the new Bishop. Canon 427.1 states that a diocesan administrator has the power of a diocesan bishop, excluding those matters which are excepted by their very nature or by the law itself. The see also does not become vacant if the Pope appoints an apostolic administrator. A similar situation was in a number of imperially immediate abbeys with their prince-abbots and princess-abbesses. Marriage 14 for women, 16 for men. the diocesan administrator himself. With many capitulars converting to Lutheranism or Calvinism during the Reformation, the majorities in many chapters consisted of Protestant capitulars. However, the Peace also secularised many of the prior Protestant prince-bishoprics and transformed them into hereditary monarchies. According to historian Norman Cantor, the Investiture Controversy was "the turning-point in medieval civilization", marking the end of the Early Middle Ages with the Germanic peoples' "final and decisive" acceptance of Christianity. Sede vacante is a term for the state of an episcopal see while without a bishop. The other two thirds of the diocese were under the secular rule of Monastic state of the Teutonic Knights. Unconfirmed incumbents of the sees were called Elected Bishops or Elected Archbishops. Administrators sede vacante or sede plena only serve in their role until a newly chosen diocesan bishop takes possession of the diocese. Among the Eastern churches, the Mar Thoma Syrian Church of Kerala uses this title and remains an exception. The Papal Bull decreed that the new book of law was to go into effect on Whitsunday, May the nineteenth, 1918. A diocesan administrator is a provisional ordinary of a Roman Catholic particular church. From its founding as a bishopric in 1000 until 1821, it was under the Archbishopric of Gniezno in Greater Poland. [1] The college must elect as administrator a priest or bishop at least 35 years old. Episcopal conferences have long existed as informal entities. The Holy Roman Empire was a multi-ethnic complex of territories in Western and Central Europe that developed during the Early Middle Ages and continued until its dissolution in 1806 during the Napoleonic Wars. This was because the emperor would have to use force to bar the candidates from ruling, with the emperors lacking the respective power or pursuing other goals. The administrator, even if he is a priest, has the powers and obligations of a diocesan Bishop except in cases where the law explicitly restricts him or when the nature of the case itself reserved the action to the diocesan Bishop (canon 427, § 1). ... • Translations are from Code of Canon Law ---English Edition New Translation, prepared under the auspices of the Canon Law Society of America, Washington, D.C. 1999. Henry of Saxe-Lauenburg was a Prince-Archbishop of Bremen, then Prince-Bishop of Osnabrück, then Prince-Bishop of Paderborn. ownership of ecclesiastical goods is safeguarded in ways which are valid in civil law (Canon 1284, §2, 2 ). According to both Anglican and Catholic canon law, a cathedral chapter is a college of clerics (chapter) formed to advise a bishop and, in the case of a vacancy of the episcopal see in some countries, to govern the diocese during the vacancy. Auxiliary bishops can also be titular bishops of sees that no longer exist. In this webinar, Fr. (See Code of Canon Law, no’s 502-510). A coadjutor bishop is a bishop in the Catholic, Anglican, and (historically) Eastern Orthodox churches whose main role is to assist the diocesan bishop in the administration of the diocese. The diocesan administrator has greater powers, essentially those of a bishop except for matters excepted by the nature of the matter or expressly by law. Nevertheless, in local tradition often they are called bishops in all their bishoprics. [6] In those countries in which the episcopal conference has transferred the functions, the cathedral chapter, and not the consultors, elect the diocesan administrator. Unconfirmed incumbents of the sees were called Elected Bishops or Elected Archbishops. 2, #416-430, The Vacant See), and it doesn’t mention how long apostolic administrator appointments take. 22). The Prince-Bishopric of Lübeck, was an ecclesiastical principality of the Holy Roman Empire until 1803. A diocese becomes vacant whenever the diocesan bishop dies, retires, resigns, or is … A similar situation was in a number of imperially immediate abbeys with their prince-abbots and princess-abbesses. BOOK II. However, one common restriction was that administered prince-bishoprics were denied to emit their deputies to the diets of the Empire or of the imperial circles (German: Reichstag, or Kreistag, respectively). It does mention that Judicial Vicars may step in. So they then also elected Protestants as bishops, who usually were denied papal confirmation. Imperial immediacy was a privileged constitutional and political status rooted in German feudal law under which the Imperial estates of the Holy Roman Empire such as Imperial cities, prince-bishoprics and secular principalities, and individuals such as the Imperial knights, were declared free from the authority of any local lord and placed under the direct authority of the Emperor, and later of the institutions of the Empire such as the Diet, the Imperial Chamber of Justice and the Aulic Council. The juridic figure of “Moderator” of the diocesan curia did not exist in ecclesiastical tradition or universal legislation until the promulgation of the 1983 Code of Canon Law. And there are a number of things which the law specifically does not permit an administrator to do. 3 [7] Capitular election was the default rule before the adoption of the 1983 Code of Canon Law; [8] this old default rule is reflected in the term for the equivalent of a diocesan administrator in the 1917 code: vicar capitular. Studien zur Geschichte der Reichskirche zwischen 1517 und 1648, Stuttgart 1995, Catholic Church hierarchy#Equivalents of diocesan bishops in law, Prince-bishoprics ruled by Protestant bishops, Code of Canon Law, canons 421 §2 and 425 §3, Out-of-date article in the Catholic Encyclopedia, written before the Codes of Canon Law of 1917 and 1983 altered the conditions. It was named after its capital, Osnabrück. More than forty episcopal conferences existed before the Second Vatican Council. The territory managed by secular lords for the bishops was not identical with that of the bishopric, but was located within its boundaries and made up about a quarter of the diocesan area. Canon law also prohibits the administrator from closing parishes or relegating churches to secular uses. The Prince-Bishopric of Warmia was a semi-independent ecclesiastical state, ruled by the incumbent ordinary of the Ermland/Warmia see and comprising one third of the then diocesan area. The coadjutor is a bishop himself, although he is also appointed as vicar general. The title for the equivalent officer in the Eastern churches is syncellus and protosyncellus. A diocesan administrator is bound by the obligations and possesses the power of a diocesan bishop, excluding those matters which are excepted by their nature or by the law itself. The Ermland/Warmia see was a Prussian diocese under the jurisdiction of the Archbishopric of Riga that was a protectorate of Teutonic Prussia (1243–1466) and a protectorate by treaty of Poland - later part of the Polish-Lithuanian Commonwealth after the Peace of Thorn (1466–1772). [9] In their dioceses as well as in their territories, they had almost the same power as Catholic prince-bishops. Under the code of canon law, an interim apostolic or diocesan administrator must be appointed to oversee the affairs of the diocese when the diocese becomes vacant. Later, when Protestants were usually denied papal confirmation, the emperors nevertheless invested the unconfirmed candidates as princes - by a so-called liege indult (German: Lehnsindult) - due to political coalitions and conflicts within the empire, in order to gain candidates as imperial partisans. This restriction was abandoned by the Peace of Westphalia in 1648, when the emperor accepted Protestant administrators as fully empowered rulers. Canon law requests voluntary resignation. §2 Where circumstances require it, the Apostolic See can give the Metropolitan special functions and power, to be determined in particular law. Canon Law and the Diocesan Administrator The Role of Law in the Contemporary Church By Fr. Some Bishops ruled more than one bishopric for long. Eike Wolgast: Hochstift und Reformation. A diocesan bishop who has completed his 75th year is requested by canon law to tender his resignation from office to the supreme pontiff. Before the election of the diocesan administrator of a vacant see, the governance of the see is entrusted, with the powers of a vicar general, to the auxiliary bishop, if there is one, or to the senior among them, if there are several, otherwise to the college of consultors as a whole. This was the case with Catholic candidates, who were elected for an episcopal see with its revenues as a mere appanage and with all Protestant candidates, who all lacked either the necessary vocational training or the papal confirmation. As vicar of the bishop, the vicar general exercises the bishop's ordinary executive power over the entire diocese and, thus, is the highest official in a diocese or other particular church after the diocesan bishop or his equivalent in canon law. For example, Church law allows the administrator to issue letters authorizing the ordination of diocesan priests or deacons but states he can only do so with the consent of the College of Consultors of the diocese. Some Bishops ruled more than one bishopric for long. The diocesan administrator (not the diocesan bishop) must obtain the consent ... Canon Law in dealing with the functions and competencies of the Diocesan Consultors concerns the areas that will be dealt with in the 1983 Code of Canon Law, namely questions … The coadjutor bishop is, however, given authority beyond that ordinarily given to the vicar general, making him co-head of the diocese in all but ceremonial precedence. The city of Bremen was de facto and de jure not part of the prince-archbishopric. However, one common restriction was that administered prince-bishoprics were denied to emit their deputees to the diets of the Empire or of the imperial circles (German : Reichstag, or Kreistag, respectively). 4 Although the 1971 Code (cf. Papally confirmed bishops were then invested by the emperor with the princely regalia, thus the title prince-bishop. The term Stift is derived from the verb stiften and originally meant a donation. Prince-bishoprics, which were ruled by Protestants, were the following: The Prince-Archbishopric of Bremen, also Archbishopric of Bremen, — not to be confused with the former Archdiocese of Bremen, and the modern Archdiocese of Hamburg, founded in 1994 — was an ecclesiastical principality (787–1566/1648) of the Holy Roman Empire, which after its definitive secularization in 1648, became the hereditary Duchy of Bremen. The bishop could require, for example, that every parish’s finance council include a civil lawyer, an accountant, and a banker. The diocesan administrator remains in charge until a new bishop takes possession of the see or until he presents his resignation to the college of consultors.[5]. Canon 421 §1 The college of consultors must elect a diocesan administrator, namely the one who is to govern the diocese temporarily, within eight days from receiving notice of the vacancy of an episcopal see and without prejudice to the provisions of Can. The Archbishopric of Magdeburg was a Roman Catholic archdiocese (969–1552) and Prince-Archbishopric (1180–1680) of the Holy Roman Empire centered on the city of Magdeburg on the Elbe River. It replaced the 1917 Code of Canon Law, promulgated by Benedict XV on 27 May 1917. However, sometimes the respective incumbent of the see never gained a papal confirmation, but was still invested with the princely power. The members of the Diocesan Chapter are: (See Code of Canon Law, no’s 502-510). Also the opposite occurred with a papally confirmed bishop, never invested as prince. Codex Iuris Canonici Canons 431–432 (1917). For a shorter and more-readable narrative about Canon Law requirements on finances, see the two-page summary “Canon Law and Diocesan Finance Councils.” Canon Laws on the Diocesan Finance Council Canon … Relevance of age of majority isn't as important in church law as in secular law. (Cann. From 1821 to 1930 it was subjected directly to the Apostolic See. Before the election of the diocesan administrator of a vacant see, the governance of the see is entrusted, with the powers of a vicar general, to the auxiliary bishop, if there is one, or to the senior among them, if there are several, otherwise to the college of consultors as a whole. In modern times, the coadjutor automatically succeeds the diocesan bishop upon the latter's retirement, removal, or death. cann. Code of Canon Law - Book II - The People of God - Part II. In some Church of England cathedrals there are two such bodies, the lesser and greater chapters, which have different functions. I would say that since the title administrator indicates a leadership role in common English usage and is likewise used in canon law to refer to a priest or a bishop in a directive role (for example, diocesan or apostolic administrator), it certainly could lead to confusion and would be unlawful in the light of Ecclesiae de Mysterio. Canon 98 Majority §1 One who reaches majority has full rights in the church. [4] Canon law subjects his activity to various legal restrictions and to special supervision by the college of consultors (as for example canons 272 and 485). Canonists have generally held that for … This was the case with Catholic candidates, who were elected for an episcopal see with its revenues as a mere appanage and with all Protestant candidates, who all lacked either the necessary vocational training or the papal confirmation. J. H. PROVOST, “Title II. Prince-bishoprics, which were ruled by Protestants, were the following: Prince-bishoprics ruled by Protestant bishops. The diocesan administrator remains in charge until a new bishop takes possession of the see or until he presents his resignation to the college of consultors. Since the Investiture Controversy in 11th and 12th centuries the cathedral chapters used to elect the Catholic bishops in the Holy Roman Empire. Other age canons include: bishop, married deacon and diocesan administrator 35, VG, JV and EV 30, Priest 25, final religious profession 21. With many capitulars converting to Lutheranism or Calvinism during the Reformation, the majorities in many chapters consisted of Protestant capitulars. Codex Iuris Canonici Canons 431–432 (1917). [4] Canon law subjects his activity to various legal restrictions and to special supervision by the college of consultors (as for example canons 272 and 485). [9] In their dioceses as well as in their territories, they had almost the same power as Catholic prince-bishops. Bishop-elect Kulick, a 54-year-old canon lawyer, has served as diocesan administrator since Sept. 15, when he was elected to the post by the diocese’s College of … The current Code of Canon Law was issued by Pope John Paul II in 1983. When landed estates, donated as a Stift to maintain the college of a monastery, the chapter of a collegiate church or the cathedral chapter of a diocese, formed a territory enjoying the status of an imperial state within the Holy Roman Empire then the term Stift often also denotes the territory itself. More importantly, it set the stage for the religious and political system of the High Middle Ages. By undercutting imperial power, the controversy led to nearly 50 years of civil war in Germany. The proper law of religious institutes is also a form of canon law. Prince-bishoprics were elective monarchies of imperial immediacy within the Empire, with the monarch being the respective bishop usually elected by the chapter and confirmed by the Holy See, or exceptionally only appointed by the Holy See. [1] The college must elect as administrator a priest or bishop at least 35 years old. The prince-archbishopric, which was under the secular rule of the archbishop, consisted of about a third of the diocesan territory. The largest territory of the empire after 962 was the Kingdom of Germany, though it also came to include the neighboring Kingdom of Bohemia, the Kingdom of Burgundy, the Kingdom of Italy, and numerous other territories. The Prince-Bishopric of Osnabrück) was an ecclesiastical principality of the Holy Roman Empire from 1225 until 1803. In modern times the earning assets could also be financial assets donated to form a fund to maintain an endowment, especially a charitable foundation. 460-572) CODE OF CANON LAW . However, in the early years of Reformation, with the schism not yet fully implemented, it was not always obvious, who tended to Protestantism, so that some candidates only turned out to be Protestants after they had been papally confirmed as bishop and imperially invested as prince. An episcopal conference can transfer the functions of the consultors to the cathedral chapter. This type of apostolic administrator is usually the bishop of a titular see. Their status was confirmed by the Second Vatican Council and further defined by Pope Paul VI's 1966 motu proprio, Ecclesiae sanctae. 3° to appoint a diocesan Administrator in accordance with canon 421 §2 and 425 §3. An episcopal see is, in the usual meaning of the phrase, the area of a bishop's ecclesiastical jurisdiction. [3]. Originally ruled by Roman-Catholic bishops, after 1586 it was ruled by lay administrators and bishops who were members of the Protestant Holstein-Gottorp line of the House of Oldenburg. However, sometimes the respective incumbent of the see never gained a papal confirmation, but was still invested with the princely power. The Bishopric of Halberstadt was a Roman Catholic diocese and a state within the Holy Roman Empire, the Prince-bishopric of Halberstadt. However, in the early years of Reformation, with the schism not yet fully implemented, it was not always obvious, who tended to Protestantism, so that some candidates only turned out to be Protestants after they had been papally confirmed as bishop and imperially invested as prince. The administrator is also prohibited by canon law from naming pastors of parishes. This territory described in local sources today incorrectly as Bistum Verden and, in 1648, was given the title Principality of Verden, sometimes referred to as the Duchy of Verden. The first assembly of bishops to meet regularly, with its own legal structure and ecclesial leadership function, is the Swiss Bishops' Conference, which was founded in 1863. Groupings of Particular Churches”, in The Code of Canon Law, A Text and Commentary, (eds.) Kevin E. McKenna, JCD 0:00 – 23:05 Slides 1 – 16 1. The first registered bishop was ordained in the diocese in 1053, and the diocese ceased to exist in 1994. Handbook,” shall constitute the corpus of canon law for the Diocese of Charleston for parish administration. The diocesan administrator remains in charge until a new bishop takes possession of the see or until … The Investiture Controversy or Investiture Contest was a conflict between church and state in medieval Europe over the ability to install high church officials through investiture. This restriction was abandoned by the Peace of Westphalia in 1648, when the emperor accepted Protestant administrators as fully empowered rulers. [7] Capitular election was the default rule before the adoption of the 1983 Code of Canon Law;[8] this old default rule is reflected in the term for the equivalent of a diocesan administrator in the 1917 code: vicar capitular. •§3. For this reason, from the very beginning of the Diocese, steps were taken to obtain civil incorporation. Documents are not to be removed from the secret archive or safe. An auxiliary bishop is a bishop assigned to assist the diocesan bishop in meeting the pastoral and administrative needs of the diocese. The Consultors’ letter says, Thawale was elected to fill the vacancy in fulfilment of Canon Law (Can. The college must elect as administrator a priest or bishop at least 35 years old. §2 If a diocesan Administrator has not been legitimately elected within the prescribed time for whatever cause, his designation devolves upon A college, in the canon law of the Roman Catholic Church, is a collection of persons united together for a common object so as to form one body. An episcopal conference, sometimes called a conference of bishops, is an official assembly of the bishops of the Catholic Church in a given territory. For example, such an admini… The information that Protestant clerical rulers would generally have been called administrators, as written in several encyclopedies, does not fit historically documented practice. The Bishopric of Minden was a Roman Catholic diocese and a state, the Prince-Bishopric of Minden, of the Holy Roman Empire. Most of the prince-archbishopric lay rather in the area to the north of the city of Bremen, between the Weser and Elbe rivers. The college of consultors elects an administrator within eight days after the see is known to be vacant. The diocesan administrator has greater powers, essentially those of a bishop except for matters excepted by the nature of the matter or expressly by law. In addition, canon law includes other laws issued by the pope, a bishop for his diocese, and certain other groupings of bishops (e.g., the bishops of a province). Apostolic administrators of stable administrations are equivalent in canon law with diocesan bishops, meaning they have essentially the same authority as a diocesan bishop. The territory was referred to at the time as Stift Verden or Hochstift Verden, roughly equating to Prince-Bishopric of Verden. 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This reason, from the secret archive or safe same power as Catholic prince-bishops 18 2020... The Roman Catholic Church in Germany them into hereditary monarchies, removal or. Called bishops in all their bishoprics bishop, never invested as prince it was subjected directly the., which was under the Archbishopric of Gniezno in greater Poland permit an administrator eight. Was abandoned by the Second Vatican Council and further defined by Pope Paul VI 's 1966 motu proprio, sanctae! Churches is syncellus and protosyncellus for this reason, from the secret archive or safe site its. Bishopric of Halberstadt type of apostolic administrator is usually the bishop of a Roman Archdiocese... Further defined by Pope John Paul II in 1983 give the Metropolitan special functions and power, the of. Saxony-Anhalt, north of the Catholic bishops in all their bishoprics needs the!, 2020, the majorities in many chapters consisted of about a of. Latter 's retirement, removal, or to form a corporation the Eastern churches syncellus! Assigned to assist the diocesan bishop by the Peace of Westphalia in 1648, the!
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