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[Canon Law] Book 5 - De Sanctae Sedis summo administratione

 
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MessagePosté le: Lun Avr 04, 2016 12:45 pm    Sujet du message: [Canon Law] Book 5 - De Sanctae Sedis summo administratione Répondre en citant

Citation:


    ........
    De Sanctae Sedis summo administratione
    Papal Bull « The supreme government of the Holy See ».







    Book 5 : The Higher Institutions of the Church



    Part I : The Holy See

    Article 1 : Rome is the seat of government of the Universal Church. It is composed of various institutions : the roman dicasteries, the pontifical consistories and the colleges.


    Article 2 : In the exercise of his supreme, absolute and immediate authority over the Universal Church, the Roman Pontiff manages the dicasteries, consistories and colleges through the Cardinals, Chancellors and Prefects; it is in His name and by His authority that they fulfill their office.


    Article 3 : The dicasteries are composed of congregations and offices :

    • The Congregation of the Holy Office
      • The Office of St. Theodule’s Pickle

    • The Congregation for the Evangelization of the People
      • The Office for Aristotelian Education
      • Office of the Antichambre of Exorcists
      • The Office of Bibliomily
      • The Office of Interpreters

    • The Congregation of External Affairs
      • Office of the Apostolic Nunciature
      • The Office of the Ultra-Montanus party
      • The Office of Renascent Churches

    • The Congregation of the Holy Inquisition

    • The Congregation of the Holy Armies

    • The Pontifical Chancellery or Roman Chancellery :
      • The Office of Pontifical Jurists
      • The Office of the Pontifical Colleges of Heraldry
      • The Office of the Grand Chamberlain
      • The Office of the Index (Hominum Prohibitorum & Librorum Prohibitorium)
      • The Office of the Press, Newspapers and Parchments
      • The Roman Library

    - Article 3.1 : The congregations are subdivided into different offices. These offices are under the supervision of the congregations to which they are attached.

    - Article 3.2 : Each congregation is led by a Chancellor, who is thereby a Roman Cardinal.

    - Article 3.3 : Each office is headed by a prefect or consul.

    - Article 3.4 : The Pontifical Chancellery or Roman Chancellery is considered as a fully-fledged congregation.


    Article 4 : The College of Cardinals, or Sacred College, or Curia, is the supreme organ of the Roman Aristotelian Church. It includes all the cardinals, whatever their nature or offices.

    - Article 4.1 : The Curia take its decisions by consensus or through a vote.

    - Article 4.2 : Votes started in the Curia have a normal period of 5 days.

      *Article 4.2.1 : All decisions taken by the Curia are made by an absolute majority of the votes cast.

        N.B. : Absolute majority means :
        - If the total number of votes cast is even : half of the total votes, more 1.
        - If the total number of votes cast is odd : half of the total votes rounded to the next higher number.
        - In all cases, blank ballots or abstention ballots are deducted from the total number of votes cast to determine the majority threshold.
        - A blank ballot is an abstention ballot.

      * Article 4.2.2 : Any decision put to vote must include the choice "abstention".

      * Article 4.2.3 : Any decision put to vote, and ruling on a choice different to "for or against", must include the choice "against all proposals”, in addition to the choice of "abstention".

      * Article 4.2.4 : A second ballot is only held if an absolute majority was not reached in the first ballot. The proposals submitted to the vote are necessarily those which can obtain an absolute majority in the second ballot.

      * Article 4.2.5 : A third ballot is held if an absolute majority was not reached in the second ballot. The third ballot is necessarily the last. Only the two proposals which received the most votes in the second ballot are put to vote. The third ballot abides by the rules set out in Articles 4.2.2 and 4.2.3.

      * Article 4.2.6 : No quorum is required for voting, unless particularly mentioned in the Canon Law, and except for the following cases:
      - the election of Pope (if applicable) requires an equal or greater quorum of two-thirds of the cardinals appointed as electors in this election.
      - the election of the Camerlengo (for details see section 7.1 below).
      - the change of fundamental points of Dogma orCanon Law requires an equal or greater quorum of a third of cardinals elector.

      * Article 4.2.7 : The abstention ballots are counted in calculating the quorum.

    - Article 4.3 : The voting period may be reduced to 24 hours in the case of an urgent measure or increased to 10 days for an important measure.

    - Article 4.4 : The urgent or significant nature of a measure is the responsibility of the Camerlengo or the Archdeacon of Rome.


    Article 5 : Any linguistic area counting more than 10 parishes or 4 dioceses is raised by the Curia to the rank of geodogmatic area. However, the Curia can anticipate this elevation and grant that rank to a linguistic area of a smaller size if the need arises.

    - Article 5.1 : A linguistic area is composed of the parishes in which the faithful speak the same language.

    - Article 5.2 : A geodogmatic area is headed by a pontifical consistory.

    - Article 5.3 : The linguistic areas which are too small to become geodogmatic areas are led directly by the Curia which can, if necessary, appoint a pontifical legate on site.

    - Article 5.4 : The Curia can also temporarily annex a linguistic area to a nearby geodogmatic area or temporarily combine several linguistic areas into a single geodogmatic area.


    Article 6 : The pontifical consistories are collegial linguistic subdivisions of the Curia. They have authority over the geodogmatic area for which they are responsible. They are composed of at least one national cardinal elector.

    - Article 6.1: Each pontifical consistory is composed of a variable number of cardinals, whose nature is also variable.

    - Article 6.2 : Each pontifical consistory has a national cardinal suffragan for each complete count of ten parishes, up to a maximum of three national cardinals.

    - Article 6.3 : From 20 parishes or 7 dioceses, the pontifical consistory receives an electorate, that is to say that one of the two national cardinals suffragan is elevated to the rank of national cardinal elector. There can be only one national cardinal elector per pontifical consistory.

    - Article 6.4 : The mission of the consistories is to maintain the dogmatic unity of the faithful and to manage the linguistic and cultural characteristics of the faithful under their jurisdiction.

    - Article 6.5 : The pontifical consistory may legislate and make decisions in their areas of expertise as described in the statute of each consistory and approved by the Curia and in accordance with Canon Law.



    Part II: The offices and statutes within the Higher Institutions the Church

    Article 1 : The Supreme Pontiff, or Pope, as the direct representative of Jah on earth, is the supreme head of the Universal Church. The Pope has all the accumulated rights and powers of the other clerics. The Supreme Pontiff edits and promulgates papal bulls that have perpetual and irrevocable value.

    - Article 1.1: The causal quadriptych:
    The material cause = The Pope must be a cardinal titular when he is appointed. There can not be another Pope in office.
    The efficient cause = The Pope is appointed by the College of Cardinals elector, suffragan and emeritus.
    The formal cause = The Pope is enthroned by the Camerlengo or the Archdeacon of Rome.
    The final cause = The Pope is the highest authority of the Church and chairs the Sacred College.

    - Article 1.2 : Article 1.2.1: The Aristotle medallion is gold, surrounded by a crown of laurels of the same.

    Article 2 : The Cardinals make up the Curia, the highest organ of government of the Holy See.

    - Article 2.1 : The Cardinals act collectively and their decisions must be validated, even retrospectively, by the College of Cardinals.

    - Article 2.2 : The Cardinals can celebrate all the sacraments of the Aristotelian Church.

    - Article 2.3 : The Cardinals are the only ones authorized to pronounce excommunication.

    - Article 2.4 : The Cardinals are the only ones able to validate a separation or annulment of marriage.

    - Article 2.5 : The Cardinals are the only ones able to validate a defrocking, whether voluntary or not.

    - Article 2.6 : The Roman Cardinals have a right to veto any decision taken by a member of the clergy apart from the Pope, National Cardinals have a right to veto any decision taken by a member of the clergy of the geodogmatic area dependent on their pontifical consistory apart from the Pope.

    - Article 2.7 : The title of Cardinal does not prohibit any cumulation with other offices in the secular or regular clergy.

    - Article 2.8 : They cannot be considered military although they may lead or command armies.

    - Article 2.9 : Cardinals who are absent for over a month without having warned of their absence may be appointed as emeritus and be replaced. If they make an appearance within a period of a month after their appointment as emeritus, they have priority over any unfilled cardinal position, notwithstanding the practice relating to the admissions to the Curia.


    Article 3 : The Cardinals are divided into several categories according to their nature and status. They can be elector or suffragan, roman or national.


    Article 4 : The Cardinals elector are entitled to vote in the Curia and have access to all palaces, assemblies and roman colleges.

    - Article 4.1 : The causal quadriptych :
    The material cause = They must be titular bishops or hold any other office with the rank of bishop when they are appointed.
    The efficient cause = They are appointed by the College of Cardinals or directly by the Pope.
    The formal cause = They are enthroned by the Camerlengo or the Archdeacon of Rome.
    The final cause = They are a member of the Curia with the right to vote.

    - Article 4.2 : The Aristotele medallion is purple.

    Article 5 : The Cardinals suffragan are only entitled to speak in the Sacred College. They have limited access within the palace, assemblies and roman colleges.

    - Article 5.1 : The causal quadriptych :
    The material cause = They must be titular bishops or hold any other office with the rank of bishop when they are appointed.
    The efficient cause = They are appointed by the College of Cardinals or directly by the Pope.
    The formal cause = They are enthroned by the Camerlengo or the Archdeacon of Rome.
    The final cause = They are a consulting member of the Curia.

    - Article 5.2 : The Aristotle medallion is purple.

    Article 6 : The Roman Cardinals have an universal responsibility.

    - Article 6.1 : The Roman Cardinals are divided between congregational cardinals (elector) and cardinals emeritus (suffragan).

    -Article 6.2: The number of congregational cardinals is fixed at thirteen.

    -Article 6.3 : Congregational cardinals have specific functions and are chosen by the Curia on the basis of their ability to perform these functions.

    Article 7 : The Camerlengo is the direct representative of the Curia. The Camerlengo can speak in the name of the Curia and is only accountable to the Holy Father and the College of the Cardinals elector.

    - Article 7.1 : The Camerlengo is elected for six months by all the cardinals from among the congregational cardinals. The Camerlengo takes office every April 1st and October 1st.

      * Article 7.1.1 : Any Roman congregational cardinal appointed to this last office at least six full months before the first round, is eligible.

        * Article 7.1.1.1 : In case no candidate is found that respects the condition given in 7.1.1, it is possible to extend the list of candidates to all Roman congregational cardinals, with no condition of duration of office. In case this is still not enough, the list can be extended to all elector cardinals, and finally to the complete College of Curia.


      * Article 7.1.2 : All eligible candidates respecting Article 7.1.1 (or 7.1.1.1) are automatically in competition. Nevertheless, they can voluntarily withdraw before any of the rounds.

      * Article 7.1.3 : Every cardinal of the Roman Curia can vote, whether the cardinal is a national, roman, elector, suffragan or emeritus cardinal.

      * Article 7.1.4 : The election of the Camerlengo can be done in a maximum of 4 rounds. To be elected, a candidate must collect an absolute majority of votes (N.B.: Rules in Can-I-5 4.2.1 are in effect).

        * Article 7.1.4.1: A quorum strictly larger than fifty percent (50%) of the cardinals able to vote is required for an election at the first round.

        * Article 7.1.4.2: When another round is necessary, only the candidates with the highest percentage of votes are qualified, according to the following :
        • No more than 4 candidates can qualify for the second round, if it takes place, and all of them must have got more than 15% of votes ;
        • No more than 3 candidates can qualify for the third round, if it takes place, and all of them must have got more than 20% of votes ;
        • No more than 2 candidates can qualify for the fourth round, if it takes place.


        * Article 7.1.4.3 : When no candidate meet the threshold in percentage of votes, the two candidates with the highest percentage of votes are qualified for a final round.

        * Article 7.1.4.4 : Ties are resolved by discarding as many cardinals as necessary to meet the requirements of the above articles, starting with the most recently appointed candidates in the curia.


    - Article 7.2 : The Camerlengos cumulate the rights reserved to Roman Cardinals in addition to their own.

    - Article 7.3 : The Camerlengo in the absence of the Pope and the Constable appoints the supreme commander of the Holy Armies.

    - Article 7.4 : The Camerlengo appoints the Archdeacon of Rome and establishes their responsibilities.

    - Article 7.5 : There cannot be more than one Camerlengo in office, and whoever is in office loses their title upon the appointment of their successor.

    - Article 7.6 : The causal quadriptych :
    The material cause = They must be a titutlar roman cardinals for 6 months when they are appointed.
    The efficient cause = The are appointed by the College of Cardinals elector and suffragan.
    The formal cause = The are enthroned by the outgoing Camerlengo or Archdeacon of Rome.
    The final cause = In the event of absence or of incapacity of the Pope, they stand in as the representative of the Church.

    - Article 7.7 : The Aristotle medallion is purple, encircled by a laurel wreath of gold.

    Article 8 : Archdeacond of Rome are the seconds representatives of the Curia. They assist the Camerlengos in their task, essentially intra-muros, and they substitute for them in the event of absence with all the legal powers of representation, chair or vote.

    - Article 8.1 : The Archdeacon of Rome cumulates the rights reserved to the roman cardinals in addition to their own.

    - Article 8.2 : In the event of resignation or death of the Camerlengo, the Archdeacon takes the office, mandate and title of the latter, then appoints a new Archdeacon.

    - Article 8.3 : There cannot be more than one Archdeacon of Rome, and whoever is in office loses their title on the appointment of the new one.

    - Article 8.4 : The causal quadriptych :
    The material cause = They must be a titular cardinals when they are appointed.
    The efficient cause = They are appointed by the Camerlengo.
    The formal cause = They are installed by the Camerlengo.
    The final cause = In the event of absence or incapacity of the Camerlengo, they stand in for them with all the legal powers of representation, chair or vote, until the resolution of the incapacity of the Camerlengo.

    - Article 8.5 : The Aristotle medallion is purple.

    Article 9 : The Cardinal Emeritus only possesses the relative rights to another possible office, but keeps an advisory seat in the Curia and can celebrate all the sacraments of the Aristotelian Church.

    - Article 9.1 : The cardinals emeritus may be roman or national according to the statutes (roman or national) that they had during the exercice of their duties.

    - Article 9.2 : The roman cardinal emeritus has priority during elections to fill any vacant seat in the Curia. The national cardinal emeritus has priority during elections to fill a vacant national seat in the Curia.

    - Article 9.3 : The causal quadriptych :
    The material cause = The roman cardinals emeritus must have been cardinals elector correctly and consistently for more than 12 months. The national cardinals emeritus must have been cardinals suffragan correctly and consistently for more than 24 months.
    The efficient cause = They are confirmed by the Curia for a period of 6 months.
    The formal cause = They are confirmed emeritus by the College of Cardinals.
    The final cause = They are a consulting member of the Curia.

    - Article 9.4 : The Aristotle medallion is purple.

    Article 10: The national cardinals have the mission of managing their geodogmatic area.

    - Article 10.1: National cardinals are appointed by the Curia on the proposal of a Roman Cardinal or members of the existing pontifical consistory.

    - Article 10.2: The national cardinals are assigned to the pontifical consistory of the geodogmatic area from which they come from.




    Canonical text on « The supreme government of the Holy See »,
    Given at Rome under the pontificate of the Holy Father Eugene V, the first day of August, on Tuesday, in the year of grace MCDLV.

    Last modification and endorsement by the Sacred College of Cardinals on the sixth day of August, on Thursday, in the year of grace MCDLXIII.

    Published by His Eminence Jeandalf the first of August, on Tuesday, in the year of grace MCDLV ; amended, revised, corrected & published by His Eminence Maisse Arsouye the seventh of the month of March, on Friday, the day of Saint Thomas, in the year of grace MCDLVI ; amended, revised, corrected, published again and sealed by His Eminence Aaron Nagan, Cardinal-Camerlengo, the twenty-first of the month of November, on Friday, in the year of grace MCDLVI of our Lord ; amended by His Eminence Aaron Nagan, Dean of the Sacred College & published by His Eminence Cyril of Kad Azayes, archdeacon of Rome, on the twelfth day of the month of July, on Monday, in the year of grace MCDLVIII ; amended & published by His Eminence Cyril Kad Azayes of the eighth day of the month of August, on Tuesday, in the year of grace MCDLX ; amended, revised, corrected, published and sealed by His Eminence Aaron Nagan, Cardinal, Dean of the Sacred College & Archchancellor of the Apostolic See, the eleventh of the month of November, on Friday, in the year of grace MCDLXII of Our Lord ; amended, revised, corrected, published and sealed by His Eminence Arnault Azayes, Cardinal-Camerlengo, the sixth of the month of February, on Friday, in the year of grace MCDLXIII of Our Lord ;amended, revised, corrected, published and sealed by His Eminence Arnault Azayes, Cardinal-Camerlengo, the eleventh day of the month of June, on Thursday, in the year of grace MCDLXIII of Our Lord; amended, revised, corrected, published and sealed by His Eminence Arnault Azayes, Cardinal-Camerlengo, the thirtennth day of the month of June, on Thursday, in the year of grace MCDLXIII of Our Lord; amended, revised, corrected, published and sealed by His Eminence Arnault Azayes, Cardinal-Camerlengo, the sixth day of the month of August, on Thursday, in the year of grace MCDLXIII of Our Lord..




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