diocesan administrator canon law

A diocesan bishop who has completed his 75th year is requested by canon law to tender his resignation from office to the supreme pontiff. 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. A diocesan administrator is a provisional ordinary of a Roman Catholic particular church. Unconfirmed incumbents of the sees were called Elected Bishops or Elected Archbishops. §2 Where circumstances require it, the Apostolic See can give the Metropolitan special functions and power, to be determined in particular law. From its founding as a bishopric in 1000 until 1821, it was under the Archbishopric of Gniezno in Greater Poland. 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 college of consultors elects an administrator within eight days after the see is known to be vacant. Other age canons include: bishop, married deacon and diocesan administrator 35, VG, JV and EV 30, Priest 25, final religious profession 21. Code of Canon Law - Book II - The People of God - Part II. 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. 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. BOOK II. An episcopal conference, sometimes called a conference of bishops, is an official assembly of the bishops of the Catholic Church in a given territory. 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). 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. With many capitulars converting to Lutheranism or Calvinism during the Reformation, the majorities in many chapters consisted of Protestant capitulars. 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 Prince-Bishopric of Lübeck, was an ecclesiastical principality of the Holy Roman Empire until 1803. 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. Church nor to all the Eastern Churches” (c. 1493, §2). 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. In any beside their primary bishopric, they would have to be called an administrator. Their status was confirmed by the Second Vatican Council and further defined by Pope Paul VI's 1966 motu proprio, Ecclesiae sanctae. This type of apostolic administrator is usually the bishop of a titular see. 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. 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. 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. [9] In their dioceses as well as in their territories, they had almost the same power as Catholic prince-bishops. [5]. 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. 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. Eike Wolgast: Hochstift und Reformation. The title normally occurs only in Western Christian churches, such as the Latin Church of the Catholic Church and the Anglican Communion. 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. When he has accepted election , the diocesan administrator obtains power and no other confirmation is required , without prejudice to the obligation mentioned in ⇒ can. It was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. The see also does not become vacant if the Pope appoints an apostolic administrator. 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. 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. 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. Studien zur Geschichte der Reichskirche zwischen 1517 und 1648, Stuttgart 1995, Catholic Church hierarchy#Equivalents of diocesan bishops in law, 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, https://en.wikipedia.org/w/index.php?title=Diocesan_administrator&oldid=912976561, Creative Commons Attribution-ShareAlike License, This page was last edited on 29 August 2019, at 02:59. 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. Diocesan administrators in canon law. So they then also elected Protestants as bishops, who usually were denied papal confirmation. More than forty episcopal conferences existed before the Second Vatican Council. McKenna notes that the Code of Canon Law is designed for mediation, not litigation. 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. Apostolic administrators of stable administrations are equivalent in canon law with diocesan bishops, meaning they have essentially the same authority as a diocesan bishop. 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. From 1821 to 1930 it was subjected directly to the Apostolic See. The term Stift is derived from the verb stiften and originally meant a donation. The Diocese of Görlitz is a diocese of the Roman Catholic church in Germany. 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 administrator is also prohibited by canon law from naming pastors of parishes. Cf. 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. Auxiliary bishops can also be titular bishops of sees that no longer exist. 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). 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. 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. 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. (See Code of Canon Law, no’s 502-510). § 2 . 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. J. H. PROVOST, “Title II. 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. 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. The other two thirds of the diocese were under the secular rule of Monastic state of the Teutonic Knights. [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). The city of Bremen was de facto and de jure not part of the prince-archbishopric. Eike Wolgast: Hochstift und Reformation. Administrators sede vacante or sede plena only serve in their role until a newly chosen diocesan bishop takes possession of the diocese. [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). 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. Kevin E. McKenna, JCD 0:00 – 23:05 Slides 1 – 16 1. The territory was referred to at the time as Stift Verden or Hochstift Verden, roughly equating to Prince-Bishopric of Verden. The information that Protestant clerical rulers would generally have been called administrators, as written in several encyclopedies, does not fit historically documented practice. 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. 2, #416-430, The Vacant See), and it doesn’t mention how long apostolic administrator appointments take. 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.) For this reason, from the very beginning of the Diocese, steps were taken to obtain civil incorporation. I looked at the Code of Canon Law referenced in the article (Book II, Part II, Section II, Chapter III, Art. The Canon Law text is from the Vatican web site and its English translation of the entire Canon. 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. A vicar general is the principal deputy of the bishop of a diocese for the exercise of administrative authority and possesses the title of local ordinary. 460-572) CODE OF CANON LAW . [6] In those countries in which the episcopal conference has transferred the functions, the cathedral chapter, and not the consultors, elect the diocesan administrator. However, he is given authority to appoint pastors if no archbishop is named within a year of Archbishop Buechlein’s retirement. The college of consultors elects an administrator within eight days after the see is known to be vacant. The first registered bishop was ordained in the diocese in 1053, and the diocese ceased to exist in 1994. 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. 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 … It was named after its capital, Osnabrück. The prince-bishops had seat and vote on the Ecclesiastical Bench of the College of Ruling Princes of the Imperial Diet. Papally confirmed bishops were then invested by the emperor with the princely regalia, thus the title prince-bishop. However, the Peace also secularised many of the prior Protestant prince-bishoprics and transformed them into hereditary monarchies. The Roman Catholic Archdiocese of Warmia is a Metropolitan archdiocese of the Latin Rite of the Roman Catholic Church in Warmińsko-Mazurskie, Poland. Canon 537 also states that parish finance councils are governed by the norms laid down by the diocesan bishop. In any beside their primary bishopric, they would have to be called an administrator. Among the Eastern churches, the Mar Thoma Syrian Church of Kerala uses this title and remains an exception. A similar situation was in a number of imperially immediate abbeys with their prince-abbots and princess-abbesses. [9] In their dioceses as well as in their territories, they had almost the same power as Catholic prince-bishops. However, sometimes the respective incumbent of the see never gained a papal confirmation, but was still invested with the princely power. 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. The Bishopric of Halberstadt was a Roman Catholic diocese and a state within the Holy Roman Empire, the Prince-bishopric of Halberstadt. 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. J. Coriden, -T. Green, -E. Heintschel, NY, 1985, p. 370. For example, such an admini… 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. [1] The college must elect as administrator a priest or bishop at least 35 years old. Its capital was Minden which is in modern-day Germany. Canon law also prohibits the administrator from closing parishes or relegating churches to secular uses. 22). 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. ownership of ecclesiastical goods is safeguarded in ways which are valid in civil law (Canon 1284, §2, 2 ). 3 The see also does not become vacant if the Pope appoints an apostolic administrator. [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. An auxiliary bishop is a bishop assigned to assist the diocesan bishop in meeting the pastoral and administrative needs of the diocese. An episcopal see is, in the usual meaning of the phrase, the area of a bishop's ecclesiastical jurisdiction. The information that Protestant clerical rulers would generally have been called administrators, as written in several encyclopedies, does not fit historically documented practice. The proper law of religious institutes is also a form of canon law. The college of consultors elects an administrator within eight days after the see is known to be vacant. 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. Marriage 14 for women, 16 for men. This restriction was abandoned by the Peace of Westphalia in 1648, when the emperor accepted Protestant administrators as fully empowered rulers. Canonists have generally held that for … 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). Diocesan financial officers should begin to develop an implementation plan for review and discussion with their bishops, Finance Councils, and auditors. §2 If a diocesan Administrator has not been legitimately elected within the prescribed time for whatever cause, his designation devolves upon (See Code of Canon Law, no’s 502-510). However, the Peace also secularised many of the prior Protestant prince-bishoprics and transformed them into hereditary monarchies. An episcopal conference can transfer the functions of the consultors to the cathedral chapter. 4 Although the 1971 Code (cf. 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). 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. 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. More importantly, it set the stage for the religious and political system of the High Middle Ages. the diocesan administrator himself. 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). Its capital was Halberstadt in present-day Saxony-Anhalt, north of the Harz mountain range, Germany. A diocese becomes vacant whenever the diocesan bishop dies, retires, resigns, or is … 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. Codex Iuris Canonici Canons 431–432 (1917). [1] The college must elect as administrator a priest or bishop at least 35 years old. Papally confirmed bishops were then invested by the emperor with the princely regalia, thus the title prince-bishop. A diocesan administrator is a provisional ordinary of a Roman Catholic particular church. 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]. In some Church of England cathedrals there are two such bodies, the lesser and greater chapters, which have different functions. This restriction was abandoned by the Peace of Westphalia in 1648, when the emperor accepted Protestant administrators as fully empowered rulers. So they then also elected Protestants as bishops, who usually were denied papal confirmation. The Consultors’ letter says, Thawale was elected to fill the vacancy in fulfilment of Canon Law (Can. 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. 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. The college must elect as administrator a priest or bishop at least 35 years old. ... • 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. The bishop could require, for example, that every parish’s finance council include a civil lawyer, an accountant, and a banker. With many capitulars converting to Lutheranism or Calvinism during the Reformation, the majorities in many chapters consisted of Protestant capitulars. The Papal Bull decreed that the new book of law was to go into effect on Whitsunday, May the nineteenth, 1918. The power of governance is attached to the office of administrator (canon 131, § 1). The Archdiocese of Wrocław is a Latin Rite archdiocese of the Catholic Church named after its capital Wrocław in Poland. 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. [6] In those countries in which the episcopal conference has transferred the functions, the cathedral chapter, and not the consultors, elect the diocesan administrator. The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". 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. The coadjutor is a bishop himself, although he is also appointed as vicar general. And there are a number of things which the law specifically does not permit an administrator to do. 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. 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. 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. [3]. The current ordinary is Wolfgang Ipolt. The twelve members of the Diocesan Chapter also fulfil 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. 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