Code of Canons of the Eastern Churches
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Pope Nicholas II's 1059 Decree
Pope Nicholas’s speech about simony and papal election, 1059 Draft translation by Charles West, September 2019 Source: MGH Concilia VIII, pp. 382-3 (JL 4431a) The Lord Pope Nicholas, presiding over the synod in the Constantinian basilica, said: “We decree that there should be no mercy for the simoniacs to protect their indignity, and we condemn them according to the sanctions of the canons and the decrees of the holy fathers, and we declare with apostolic authority that they should be deposed. About those who were ordained by simoniacs not for money but freely, since this question has now been debated for a very long time, we remove every knot of doubt, so that we permit no one henceforth to hesitate over this decree. Since the poisonous calamity of the simoniac heresy has until now grown up to such an extent that hardly any church can be found that is not corrupted in some part by this disease, we permit those who have been freely ordained already by simoniacs to remain in their orders, according not to the censure of justice but to the perspective of mercy, unless perhaps some fault from their life stands against them according to the canons. There is such a multitude of these people that since we are not able to enforce the rigour of canonical vigour upon them, it is necessary that we incline our spirit for the moment to the zeal of pious condescension. We do this on condition, however, that by the authority of the Apostles Peter and Paul we absolutely forbid that any of our successors should ever take this permission of ours as a rule for themselves or anyone else, since the authority of the ancient fathers did not promulgate this by command or concession, but the great necessity of the time extorted it from us by permission. -
The History of The
The History of the Œcumenical Canonical Orthodox Church Worldwide The Holy Eastern Orthodox Catholic and Apostolic Church in North America The American Orthodox Catholic Church Old Catholic Orthodox Church Archbishop Gregory Morra, OSB Archbishop Scholarios-Gennadius III, OSB Metropolitan Œcumenical Canonical Orthodox Church Worldwide Episcopal Imprimatur of the Holy Synod of the Œcumenical Canonical Orthodox Church Worldwide Old Catholic Orthodox Church This history of the church is hereby released under the authority of the Holy Synod of the Œcumenical Canonical Orthodox Church Worldwide which is a direct blood descendant of the American Orthodox Catholic Church chartered in 1927 by Metropolitan Platon and later led by Archbishop Aftimios Ofiesh of Brooklyn, New York and eventually recognized as The Holy Eastern Orthodox Catholic and Apostolic Church in North America. In its current form the Holy Synod of the Œcumenical Canonical Orthodox Church Worldwide and the Old Catholic Orthodox Church subsidiary recognizes the contributions of the early fathers of this historic church in the person of Metropolitan-Patriarch Denis M. Garrison (Emeritus) through the lineage of Archbishop Aftimios of blessed memory as the true spiritual father of the Church. Therefore, the Holy Synod hereby confers its official imprimatur on the history of the Œcumenical Canonical Orthodox Church Worldwide as a direct historical descendant of the American Orthodox Catholic Church as outlined in this document. Archbishop Scholarios-Gennadius III, OSB Metropolitan -
Preamble. His Excellency. Most Reverend Dom. Carlos Duarte
Preamble. His Excellency. Most Reverend Dom. Carlos Duarte Costa was consecrated as the Roman Catholic Diocesan Bishop of Botucatu in Brazil on December !" #$%&" until certain views he expressed about the treatment of the Brazil’s poor, by both the civil (overnment and the Roman Catholic Church in Brazil caused his removal from the Diocese of Botucatu. His Excellency was subsequently named as punishment as *itular bishop of Maurensi by the late Pope Pius +, of the Roman Catholic Church in #$-.. His Excellency, Most Reverend /ord Carlos Duarte Costa had been a strong advocate in the #$-0s for the reform of the Roman Catholic Church" he challenged many of the 1ey issues such as • Divorce" • challenged mandatory celibacy for the clergy, and publicly stated his contempt re(arding. 2*his is not a theological point" but a disciplinary one 3 Even at this moment in time in an interview with 4ermany's Die 6eit magazine the current Bishop of Rome" Pope Francis is considering allowing married priests as was in the old time including lets not forget married bishops and we could quote many Bishops" Cardinals and Popes over the centurys prior to 8atican ,, who was married. • abuses of papal power, including the concept of Papal ,nfallibility, which the bishop considered a mis(uided and false dogma. His Excellency President 4et9lio Dornelles 8argas as1ed the Holy :ee of Rome for the removal of His Excellency Most Reverend Dom. Carlos Duarte Costa from the Diocese of Botucatu. *he 8atican could not do this directly. 1 | P a g e *herefore the Apostolic Nuncio to Brazil entered into an agreement with the :ecretary of the Diocese of Botucatu to obtain the resi(nation of His Excellency, Most Reverend /ord. -
Book IV – Function of the Church: Part I – the Sacraments
The Sacraments The Catholic Church recognizes the existence of Seven Sacraments instituted by the Lord. They are: Sacraments of Christian Initiation: Baptism, Confirmation, and the Eucharist Sacraments of Healing: Penance (Reconciliation) and Anointing of the Sick Sacraments at the Service of Communion: Holy Orders and Matrimony Code of Cannon Law: Book IV - Function of the Church: Part I - The Sacraments The Sacraments (Code of Canon Law; Cann. 840-848) Can. 840 The sacraments of the New Testament were instituted by Christ the Lord and entrusted to the Church. As actions of Christ and the Church, they are signs and means which express and strengthen the faith, render worship to God, and effect the sanctification of humanity and thus contribute in the greatest way to establish, strengthen, and manifest ecclesiastical communion. Accordingly, in the celebration of the sacraments the sacred ministers and the other members of the Christian faithful must use the greatest veneration and necessary diligence. Can. 841 Since the sacraments are the same for the whole Church and belong to the divine deposit, it is only for the supreme authority of the Church to approve or define the requirements for their validity; it is for the same or another competent authority according to the norm of can. 838 §§3 and 4 (Can. 838 §3. It pertains to the conferences of bishops to prepare and publish, after the prior review of the Holy See, translations of liturgical books in vernacular languages, adapted appropriately within the limits defined in the liturgical books themselves. §4. Within the limits of his competence, it pertains to the diocesan bishop in the Church entrusted to him to issue liturgical norms which bind everyone.) to decide what pertains to their licit celebration, administration, and reception and to the order to be observed in their celebration. -
I. the Easter Vigil II. Holy Days of Obligation III. Special Celebrations for Dioceses and Parishes IV
Liturgical Calendar Notes I. The Easter Vigil II. Holy Days of Obligation III. Special Celebrations for Dioceses and Parishes IV. Rogation Day Prayer Service The Easter Vigil The first Mass of Easter, the Easter Vigil, falls between nightfall of Holy Saturday and daybreak of Easter Sunday. The General Norms for the Liturgical Year and the Calendar, no 21, states: The Easter Vigil, during the holy night when Christ rose from the dead, ranks as the “mother of all vigils.” Keeping watch, the Church awaits Christ’s resurrection and celebrates it in the sacraments. Accordingly, the entire celebration of this vigil should take place at night, that is, it should either begin after nightfall or end before the dawn of Sunday. Individual parishes can check the following website to determine nightfall in their area: http://aa.usno.navy.mil/data/docs/RS_OneDay.html On this website, nightfall is listed as “End civil twilight.” Liturgical Calendar Notes 1 Holy Days of Obligation On December 13, 1991 the members of the National Conference of Catholic Bishops of the United States of American made the following general decree concerning holy days of obligation for Latin rite Catholics: In addition to Sunday, the days to be observed as holy days of obligation in the Latin Rite dioceses of the United States of America, in conformity with canon 1246, are as follows: January 1, the solemnity of Mary, Mother of God Thursday of the Sixth Week of Easter, the solemnity of the Ascension (observed on the 7th Sunday of Easter in Kentucky Dioceses) August 15, the solemnity of the Assumption of the Blessed Virgin Mary November 1, the solemnity of All Saints December 8, the solemnity of the Immaculate Conception December 25, the solemnity of the Nativity of Our Lord Jesus Christ Whenever January 1, the solemnity of Mary, Mother of God, or August 15, the solemnity of the Assumption, or November 1, the solemnity of All Saints, falls on a Saturday or on a Monday, the precept to attend Mass is abrogated. -
1700 Faculties
Book IV The Sanctifying Office of the Church Part I Sacramental Life §1700 FACULTIES The following faculties or permissions apply to all priests who are in good standing and who are incardinated in the Diocese or who have been approved by the Bishop to minister within the Diocese, even if they may be retired. In a spirit of trust and in keeping with the principle of subsidiarity, every effort has been made to extend the discretionary authority of priests in the exercise of their ministry. Whatever special faculties or permissions have been given to pastors apply also to parochial administrators (c. 540, §1). These faculties and permissions are effective August 15, 1986 and remain in effect until revoked. Special Note The information contained in this section is, in many cases, repetitious of that in previous sections and has been included here for purposes of quick reference. Users are encouraged to consult specific sections for a more complete statement of Diocesan Policy and Procedures regarding sacramental matters. §1701 BAPTISM1 1701.1. Faculty To baptize those who are fourteen years of age or older. Procedures a) Canon 862 provides that outside the case of necessity, it is not lawful to confer baptism in the territory of another without permission. b) Without this faculty it would be necessary to refer such cases to the diocesan bishop (c. 863). c) As a rule, an adult is to be baptized in his or her own parish church (c. 857, §2). d) The sacrament of baptism is not to be conferred outside a legitimate canonically erected parish church or chapel, except in the case of necessity (c. -
The Subjective Element of Crime: a Comparison Between Ecclesiastical, and Belgian Criminal Law
The Subjective Element of Crime: a Comparison between Ecclesiastical, and Belgian Criminal Law Word count: 36,697 Raphael Maesschalck Student number: 01204319 Supervisor: Prof. Dr. Jan Verplaetse Co-supervisor: Prof. Dr. Tom Vander Beken A dissertation submitted to Ghent University in partial fulfilment of the requirements for the degree of Master of Laws Academic year: 2017 - 2018 ACKNOWLEDGEMENTS — DUTCH Een woord van dank gaat uit naar: - Mijn promotor, Prof. dr. Jan Verplaetse, wiens ideeën mij lieten durven denken, voor het interessante onderwerp; - Dr. William Richardson, voor het aanreiken van een literatuurlijst, het beantwoorden van mijn (vele) chaotische vragen en het ter beschikking stellen van verhelderende inzichten tijdens onze gesprekken; - Prof. em. dr. Ruud Huysmans, voor het delen zijn expertise en visie en de tijd die hij daarvoor vrijmaakte; - Mr. Eric De Wilde, voor het mij wegwijs maken in het doolhof van de bijzondere faculteit kerkelijk recht te Leuven en het gebruikelijke kopje koffie; - Mr. Philippe Tobback, niet alleen voor het ter beschikking stellen van een geairconditioneerde werkplaats in de moordende zomerhitte, maar vooral voor alle steun en hulp die mij steeds opnieuw werd aangeboden; - Dr. Nigel Coles, mr. Martin Jones en mr. Nils Van Damme, voor het nalezen dit werk; - Mijn vader, voor de economische en morele steun; - En tenslotte mijn moeder, voor veel meer dan dat wat een louter dankwoord verdient. !2 !3 TABLE OF CONTENTS ACKNOWLEDGEMENTS — DUTCH____________________________________ 2 TABLE OF CONTENTS______________________________________________ 4 GENERAL INTRODUCTION___________________________________________ 7 CHAPTER I: Introduction to the Legal and Institutional Frameworks____________ 9 1 The Church and Ecclesiastical Criminal Law.................................................................. 9 1.1 The Church as a Spiritual and Governing Institution.............................................. -
An Explanation of Parish Governance Updated September 30, 2016
An Explanation of Parish Governance Updated September 30, 2016 Parish of Saint Monica • 2651 Atlantic Avenue • Atlantic City, NJ 08401 • 609-345-1878 • www.accatholic.org An Explanation of Parish Governance for The Parish of Saint Monica 1 The Parish of Saint Monica An Explanation of Parish Governance Purpose of this Document This document offers parishioners a comprehensive yet brief explanation of the governance of the Parish of Saint Monica. It cites several sources relevant to the governance of the parish: Code of Canon Law Decree of the Merger of the Parishes of Atlantic City and Establishment of The Parish of Saint Monica, June 5, 2015 Title 16 of the New Jersey Permanent Statutes, "Corporations and Associations, Religious" Certificate of Consolidation of The Parish of Saint Monica, Atlantic City, N.J., June 24, 2015 Bylaws of The Parish of Saint Monica, Atlantic City, N.J. Guidelines for Parish Finance Councils, Diocese of Camden, December 21, 2006 Guidelines for Parish Pastoral Councils, Diocese of Camden, November 2010 This document is not meant to replace these authoritative documents. Instead, this document is meant to summarize and systematize their substance. Where latitude exists, this document also determines some of the details of governance for our parish. Parish of Saint Monica • 2651 Atlantic Avenue • Atlantic City, NJ 08401 • 609-345-1878 • www.accatholic.org An Explanation of Parish Governance for The Parish of Saint Monica 2 Article I. The Parish in Canon Law Section A. Canonical Definition of Parish "A parish is a certain community of the Christian faithful stably constituted in a particular church, whose pastoral care is entrusted to a pastor (parochus) as its proper pastor (pastor) under the authority of the diocesan bishop." (can. -
Historical Notes on the Canon Law on Solemnized Marriage
The Catholic Lawyer Volume 2 Number 2 Volume 2, April 1956, Number 2 Article 3 Historical Notes on the Canon Law on Solemnized Marriage William F. Cahill, B.A., J.C.D. Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Catholic Studies Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. The nature and importance of the Catholic marriage ceremony is best understood in the light of historicalantecedents. With such a perspective, the canon law is not likely to seem arbitrary. HISTORICAL NOTES ON THE CANON LAW ON SOLEMNIZED MARRIAGE WILLIAM F. CAHILL, B.A., J.C.D.* T HE law of the Catholic Church requires, under pain of nullity, that the marriages of Catholics shall be celebrated in the presence of the parties, of an authorized priest and of two witnesses.1 That law is the product of an historical development. The present legislation con- sidered apart from its historical antecedents can be made to seem arbitrary. Indeed, if the historical background is misconceived, the 2 present law may be seen as tyrannical. This essay briefly states the correlation between the present canons and their antecedents in history. For clarity, historical notes are not put in one place, but follow each of the four headings under which the present Church discipline is described. -
Process and Policy in the Courts of the Roman Curiat
CALIFORNIA LAW REVIEW [Vol. 58:628 The Steady Man: Process and Policy in the Courts of the Roman Curiat John T. Noonan, Jr.* The two marriages of Charles, Duke of Lorraine, led to one of the most fascinating canonical trials of the seventeenth century. Professor Noonan uses this trial and its attendant circumstances as a springboard from which to examine the policies, procedures, and politics of post-RenaissanceRoman Catholic law. His Article under- lines the problems faced by a legal system that attempts to regulate the relationshipbetween man and woman. In broader perspective, it analyzes the reaction of a legal system forced to compromise between abstract social values and practical necessity. Professor Noonan's analytical framework can be profitably utilized as a tool to examine the manner in which our current social policies are implemented and administered. Anthropology rightly devotes great effort to deciphering the primi- tive attempts of men to make law in the primordial patterns, for from this effort will come material to illuminate our own behavior. But just as child psychology does not exhaust the study of man, so there is need to understand critically the functions of law in a more sophisticated phase. In its developed uses we are more likely to see analogues to our present problems, more likely to gain insights into the purposes, perver- sions, characteristics, and limits of the legal way of ordering human behavior in a mature society. Especially is this true of a system far enough removed from our own to be looked at from a distance but close enough in its assumption and its methods so that comprehension is not strained. -
Canonical Committee Guidelines and Policies
DIOCESE OF NEW WESTMINSTER Guidelines and Policies for the Canonical Process Leading to the Appointment of a Parish Incumbent, Associate Priest, or Assistant Priest January 2003 Table of Contents Introduction _______________________________________________ 3 When the First Meeting is Called______________________________ 3 The Canonical Committee ___________________________________ 3 The Parish Profile __________________________________________ 3 Advertising _______________________________________________ 4 Applications ______________________________________________ 5 The Bishop’s Advisory Committee on Appointments (BACA) ______ 5 Interviewing _______________________________________________ 6 Post-Interview _____________________________________________ 7 Appointment ______________________________________________ 7 Licence___________________________________________________ 7 Resignations ______________________________________________ 7 Timeline __________________________________________________ 8 General Comments _________________________________________ 9 2 Guidelines and Policies for the Canonical Process Revised January 30, 2003 Introduction The role of the Canonical Committee is to provide parish leadership and representation in the selection process of an Incumbent, Associate Priest or Assistant Priest. During this process the committee will work with the Bishop’s Office, the Regional Archdeacon and the Bishop’s Advisory Committee on Appointments. These guidelines do not apply to the appointment of a Curate for a two-year placement, -
Tribunal New Sletter
Formal Process for Marriage Nullity Cases By: Very Rev. Lawrence Rasaian, JCD he Judicial Vicar, together with marriage may be invalid for T the tribunal staff, sends you all A three primary reasons: defective prayerful wishes on the Feast of St. Jo- Catholic form, a diriment impediment, seph. We discuss in this issue the use of or defective consent. In the previous the formal process for marriage nullity newsletter we had discussed the use of Volume 3, Issue 1 cases due to defective consent. Profes- the documentary process for cases con- sor Francis G. Morrisey, OMI, Saint cerning either defective Catholic form March 2019 Paul University, Canada, has written an or existence of impediments for a valid article on the “Formal Process for Mar- marriage celebration. This issue brings riage Nullity Cases.” He explains beau- out the use of the formal process for tifully the use of the formal process for cases concerning defective consent. The a marriage nullity case due to defective formal process is in fact applied for the consent based on a biblical principle, majority of the cases coming to the tri- “State your case and bring your proofs bunal. Anyone baptized or not, who was and let them take counsel together” a party to a marriage may petition to the (Isaiah 45: 21). He highlights further tribunal for a declaration of invalidity of that the primary focus in church court is his/her prior marriage if he/she wishes on “the truth,” rather than justice. Its to remarry in the Catholic Church. Mar- primary focus is on the validity or not of riage nullity cases are handled as con- the sacrament of the marriage, and the tentious processes, even if both parties procedures are designed to enable those want the declaration of invalidity.