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By a Thesis Submitted to the Faculty of Canon Law Saint Paul University, Ottawa, Canada, in Partial Fulfillment of the Requirem

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By a Thesis Submitted to the Faculty of Canon Law Saint Paul University, Ottawa, Canada, in Partial Fulfillment of the Requirem FINANCE OFFICER IN THE SYRO-MALABAR MAJOR ARCHIEPISCOPAL CHURCH by Matthew CHANGANKARY A thesis submitted to the Faculty of Canon Law Saint Paul University, Ottawa, Canada, in partial fulfillment of the requirements for the degree of Doctor of Canon Law Ottawa, Canada Saint Paul University 2012 © Matthew Changankary, Ottawa, Canada, 2012 ABSTRACT The promulgation of the CCEO and the elevation of the Syro-Malabar Church sui iuris to the status of a major archiepiscopal Church, on 16 December 1992, are important milestones in the recent history of the Church. The new status of the Syro- Malabar Church necessitated a revised system of administration of its temporal goods. Previously the administration of ecclesiastical goods of the Syro-Malabar Church was ruled predominantly by the motu proprios Postquam apostolicis litteris, Cleri sanctitati, and customary law both at the eparchial and parish levels. In the present situation a new ecclesiastical office, that of the finance officer of the major archiepiscopal Church, was created. The thesis presents the office of finance officer and examines critically the canonical aspects of his/her status and duties. It analyzes the canons contained in CCEO related to temporal goods, as well as other universal and particular ecclesiastical norms. In particular, the sources include various synodal decrees, eparchial/diocesan statutes of the Syro-Malabar Church, and relevant particular laws of the respective major archiepiscopal Churches. Pertinent Indian civil laws are also considered in the context of the functions of the finance officer. The thesis provides a historical perspective of the financial administration of the Syro-Malabar Church, and then continues to situate the office of the finance officer in the organizational structure of the financial administration of the Syro-Malabar Church. The principal functions and responsibilities of the finance officer of the Syro-Malabar Church are presented in the context of specific ecclesiastical and secular legal parameters. TABLE OF CONTENTS Acknowledgements ................................................................................................................... v Abbreviations ........................................................................................................................... vi General Introduction .................................................................................................................. 1 I – Financial Administration in the Syro–Malabar Church: A Historical Perspective .... 8 Introduction ........................................................................................................................... 8 1.1 – Church of Malabar and Its Ministers .......................................................................... 10 1.1.1 – The Hierarchical Organization of the Church of Malabar before the Sixteenth Century............................................................................................................................. 11 1.1.1.1 – Metropolitan of the Church of Saint Thomas Christians .............................. 13 1.1.1.2 – Archdeacon of All India ................................................................................ 17 1.1.1.3 – Presbyters in the Church of Saint Thomas Christians ................................... 25 1.2 – Ancient Structures of Financial Administration in the Syro–Malabar Church .......... 27 1.3 – Synodal Enactments on Temporal Administration ................................................... 33 1.3.1 – Synod of Diamper on Temporal Matters ........................................................... 33 1.3.2 – Statutes of Mellano on the Administration of Temporal Goods ........................ 36 1.3.3 – The Influence of the Statutes of Mellano on the Later Legislation .................. 38 1.3.3.1 – Decisions of Bishop Medlycott Regarding Financial Administration (1869) ...................................................................................................................................... 38 1.3.3.2– Bishop Charles Lavigne and Changanacherry Synod (1888) ...................... 40 1.3.3.3 – The Book of Decrees of Mar Mathew Makil (1904) .................................. 40 1.3.3.3.1 – Powers of the Roman Pontiff and of the Vicar Apostolic of Changanacherry Regarding Property ....................................................................... 41 1.3.3.3.2 – Administration of Temporal Goods of Parishes According to the Book of Decrees ..................................................................................................................... 43 1.4 – Eparchial Finance Officer According to the Motu Proprio Postquam Apostolicis Litteris (1952) ...................................................................................................................... 46 1.5 – The Office of the Eparchial Finance Officer According to the Motu Proprio Cleri Sanctitati (1957) .................................................................................................................. 52 1.5.1 – Functions of the Eparchial Finance Officer ....................................................... 53 1.5.2 –The Finance Officer and the Eparchial Consultors ............................................... 54 1.5.3 – Role of the Eparchial Finance Officer during the Vacancy of the Eparchial See 57 1.6 – Eparchial/Diocesan Legislation of the Syro–Malabar Church on Temporal Goods .. 58 1.6.1 – Diocesan Statutes of Trichur (1946) .................................................................... 58 1.6.2 – The Archeparchial Statutes of Changanacherry .................................................. 61 1.6.3 – Laws and Regulations on Administration of the Temporal Goods in the Archeparchy of Ernakulam (1989) .................................................................................. 64 Conclusion ........................................................................................................................... 66 i II – The Office of the Finance Officer in the Organizational Structure of the Financial Administration of the Major Archiepiscopal Church ........................................................ 69 Introduction ......................................................................................................................... 69 2.1 – General Organization of the Financial Administration of the Major Archiepiscopal Church ................................................................................................................................. 70 2.1.1 – Distinction between the Financial Administration of the Major Archiepiscopal Church and the Major Archbishop’s Eparchy ................................................................. 73 2.1.2 – Major Archiepiscopal Curia in the Financial Administration of the Major Archiepiscopal Church .................................................................................................... 77 2.2 – The Role of the Synod of Bishops in Financial Administration ................................. 78 2.2.1 – Legislative History of CCEO regarding the Synod of Bishops ............................ 79 2.2.1.1 – 1975 and 1977 Schemata ............................................................................... 80 2.2.1.2 – 1984 Schema ................................................................................................. 82 2.2.1.3 – 1985 Schema ................................................................................................. 82 2.2.1.4 – 1986 Schema ................................................................................................. 83 2.2.2 – Functions of the Synod of Bishops in the General Administration of the Major Archiepiscopal Church .................................................................................................... 84 2.2.2.1 – Legislating the Monetary Amount for Alienation ........................................ 85 2.2.2.2 – Indemnification According to CCEO c. 1033 ............................................... 85 2.2.2.3 – Role of the Synod of Bishops with Regard to the Expenses of the Curia ..... 86 2.2.2.4 – Examining the Report of the Administration, Budget, Income and Expenditure Account and Examination of the Accounts ............................................. 89 2.3 – The Role of the Permanent Synod in the Financial Administration of the Major Archiepiscopal Church ........................................................................................................ 89 2.3.1 – Legislative Evolution of the Role of the Permanent Synod in the Financial Administration Prior to CCEO ........................................................................................ 90 2.3.1.1 – 1984 Schema ................................................................................................. 92 2.3.1.2 – 1985 Schema ................................................................................................. 93 2.3.2 – The Permanent Synod with Regard to the Financial Administration .................. 94 2.4 – The Office of the Finance Officer in the Structure of the Financial Administration of the Major Archiepiscopal Church ........................................................................................ 97 2.4.1 – The Development of the Legislation Regarding the Finance Officer of the Major Archiepiscopal Church .................................................................................................... 98 2.4.1.1 – Distinction between the Eparchial
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