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Changing short description from "authority of church leaders over other church members" to "Authority of church leaders over others" (Shortdesc helper) |
→Catholic canonical jurisdiction: Added subdivisions for ordinary & quasi-ordinary, and changed existing "delegation" heading to match level Tags: Mobile edit Mobile web edit Advanced mobile edit |
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By ministerial authority, which is conferred by an act of [[consecration]], is meant the inward, and because of its indelible character permanent, capacity to perform acts by which Divine grace is transmitted. By ruling authority, which is conferred by the Church (''missio canonica'', canonical mission), is understood the authority to guide and rule the Church of God. Jurisdiction, insofar as it covers the relations of man to God, is called jurisdiction of the internal forum or jurisdiction of the forum of Heaven (''jurisdictio poli''). (See [[Ecclesiastical Forum]]); this again is either sacramental or penitential, so far as it is used in the [[Sacrament of Penance]], or extra-sacramental, e.g. in granting [[Dispensation (Catholic Church)|dispensation]]s from private vows. Jurisdiction, insofar as it regulates external ecclesiastical relations, is called jurisdiction of the external forum, or briefly ''jurisdictio fori''. This jurisdiction, the actual power of ruling is legislative, judicial or coactive. Jurisdiction can be possessed in varying degrees. It can also be held either for both fora, or for the internal forum only, e.g. by the parish priest.
Jurisdiction can be further sub-divided into ordinary, quasi-ordinary and delegated jurisdiction.
====Ordinary==== '''Ordinary jurisdiction''' is that which is permanently bound, by [[Divine law]] or human law, with a permanent ecclesiastical office. Its possessor is called an ordinary judge. By Divine law the [[pope]] has such ordinary jurisdiction for the entire Church and a [[bishop]] for his diocese. By human law this jurisdiction is possessed by the [[cardinal (Catholicism)|cardinal]]s, officials of the [[Roman Curia]] and the congregations of cardinals, the [[patriarch]]s, [[primate (bishop)|primate]]s, [[Metropolitan bishop|metropolitan]]s, archbishops, the [[praelati nullius]] and [[prelate]]s with quasi-episcopal jurisdiction, the chapters of orders or the [[superior general]]s of orders, [[cathedral chapter]]s in reference to their own affairs, the archdiaconate in the Middle Ages, and parish priests in the internal forum. ====Quasi-ordinary====
If however jurisdiction is permanently connected with an office, but the office itself is said to be quasi-ordinary, or ''jurisdictio vicaria''. This form of jurisdiction is possessed, for example, by a [[vicar-general]]. Temporary exercise of ordinary and quasi-ordinary jurisdiction can be granted, in varying degrees, to another as representative, without conferring on him an office properly so called. In this transient form jurisdiction is called delegated or extraordinary, and concerning it canon law, following the Roman law, has developed exhaustive provisions. This development began when the popes, especially since [[Pope Alexander III|Alexander III]] (1159–81), found themselves obliged, by the enormous mass of legal business which came to them from all sides as the "judices ordinarii omnium" to hand over, with proper instruction, a large number of cases to third parties for decision, especially in matters of contentious jurisdiction.
====Delegation====
Delegated jurisdiction rests either on a special authorization of the holders of ordinary jurisdiction (''delegatio ab homine''), or on a general law (''delegatio a lege, a jure, a canone''). Thus, the [[Council of Trent]] transferred a number of papal rights to the bishops "tanquam Apostolicae Sedis delegati", i.e. also as delegates of the Apostolic See,<ref>Sess. VI, De ref., c. ii, iii, etc.</ref> and "etiam tanquam Apostolicae Sedis delegati", i.e. also as delegates of the Apostolic See.<ref>Sess. VI, De ref., c. iv, etc.</ref> In the first class of cases, bishops do not possess ordinary jurisdiction. The meaning of the second expression is disputed, but it is generally taken as purely cumulative. If the delegation applies to one or several designated cases only, it is special delegation; if it applies to an entire class of subjects, it is then general delegation or delegation for the universality of causes. Delegated jurisdiction for the total of a number of matters is known as ''delegatio mandata''. Only those can be appointed delegates who are competent to execute the delegation. For an act of consecration the delegate must have himself the necessary sacred orders. For acts of jurisdiction he must be an ecclesiastic, though the pope could also delegate a layman. Papal delegation is usually conferred only on ecclesiastical dignitaries or canons.<ref>c. xi, in VI°, De rescript., I, iii; Council of Trent, Sess. XXV, De ref., c. x.</ref> The delegate must be twenty years old, but eighteen years suffices for one appointed by the pope.<ref>c. xli, X, De off. jud. deleg., I, xxix.</ref> He must also be free from excommunication.<ref>c. xxiv, X, De sent. et re jud., II, xxvii.</ref> Those placed under the jurisdiction of the delegator must submit to the delegation.<ref>c. xxviii, X, De off. jud. deleg., I, xxix.</ref> Delegation for one matter can also be conferred upon several. The distinction to be made is whether they have to act jointly and severally (collegiately), jointly but individually (solidarily), or solidarily at least in some given case.<ref>c. xvi, xxi, X, De off. jud. deleg., I, xxix; c. viii, in VI°, h. t. I, xiv.</ref> The delegate is to follow exactly his instructions, but is empowered to do all that is necessary to execute them.<ref>c. i, c, cii, ciii, xi, xxi, xxvi, xxviii, X, Xe off. jud. deleg., I, xxix.</ref> If he exceed his power, his act is null.<ref>c. xxxvii, X, Xe off. jud. deleg., I, xxix.</ref>
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