CANON LAW PART 4 Flashcards
INCARDINATION
- Attachment of a cleric to a certain diocese, personal prelature, institute of consecrated life, etc.
- Gives the cleric certain rights / duties with that entity and vice-versa
- All clerics MUST BE incardinated somewhere (no unattached clerics!)
EXCARDINATION
Cleric can be excardinated and incardinated elsewhere
ORDINATION:
Receiving the sacrament of Holy Orders
Indelible / cannot lose it
CLERICAL STATE:
Juridical determination
Legal status in the Church
Clerical / Lay state
3 Ways to Lose the Clerical State
- Declaration of Nullity (Judicial or Administrative)
- Penalty of Dismissal Legitimately Imposed (Judicial or Administrative)
- Rescript of the Apostolic See (i.e. Rome grants in response to a request)
Vow of Celibacy and loss of the clerical state
NOT released from vow of celibacy
Except in case of Declaration of Nullity
2. Must request a dispensation from obligation of celibacy from Rome
Effects of the Loss of the Clerical State
- Loss of Rights / Obligations (except for celibacy) of the Clerical State
- Prohibited from exercising power of orders / faculties
a. Except can. 976 (absolving in danger of death) - Deprived of all offices, functions, delegated powers
- See can. 1350
- If dismissed from the clerical state, cannot be re-enrolled without Rome’s permission
Papal Infallibility
when as the supreme pastor and teacher of all the Christian faithful, who strengthens his brothers and sisters in the faith, he proclaims by definitive act that a doctrine of faith or morals is to be held
INFALLIBILITY OF THE COLLEGE OF BISHOPS
- In Ecumenical Council
2. Dispersed throughout the world, but teaching together with the Pope
Requirement of Being Manifestly Evident for Infallibility
No doctrine is understood as defined infallibly unless this is manifestly evident
CREDENDA
What we MUST believe
Heresy or apostosy as penalty
TENENDA
1) Must firmly embrace and retain
2. Not reject
3. Just penalty
OBSEQUIUM to the teaching of Pope or College
Religious submission of intellect & will
Avoid those things which we dont agree with
Just penalty
OBSEQUIUM to the office
Religious submission of mind to the office/authority
SERVANDI
Obligation to observe
HERESY
a. Obstinate
b. Denial / Doubt
c. “Truth which is to be believed by divine and Catholic faith” (credenda)
d. Post-Baptismal
e. De facto / De iure
APOSTASY
Total repudiation of Christian faith
SCHISM
a. Refusal of submission to Supreme Pontiff, OR
Communion with the members of the Church subject to him
b. Other requirements / mitigating circumstances in penal law
Right of Bishops to Preach
- Right to preach everywhere
2. Unless restricted by the local bishop
PRIESTS & DEACONS
- Generally have the faculty to preach everywhere
- If in a church, must at least have the presumed consent of the rector
- Competent authority can:
a. Restrict/Take away the faculty - Particular law can require express permission
LAY PERSONS preaching
- Can be permitted to PREACH (not “Homily”)
- In church/oratory (recall right to evangelize – cann. 211 & 225)
- IF:
a. Necessity requires it in certain circumstances, OR
b. Advantageous in particular cases
c. According to prescripts of the conference of bishops
d. NOT talking about the “Homily”
HOMILY
specific to the liturgy / specific time during the liturgy
WHEN MUST A HOMILY BE GIVEN?
a. All Masses on Sundays and Holy Days of Obligation
b. If with congregation
c. Unless grave cause
d. Strongly suggested for other Masses
When does the Sacred Liturgy take place (three things)?
a. Carried out in the name of the Church
b. By persons legitimately designated
c. Through acts approved by the authority of the Church
