Doctoral Thesis

Role of the Laity in the Diocesan Curia

     A Comparative Study of CIC and CCEO

Mathew John Puthenparambil

Rome 

15 May 2013

Acknowledgement

I acknowledge with deep sentiments of gratitude to God’s manifold blessings in the completion of this doctoral thesis. It was my privilege to do this thesis under the guidance of Prof. Elias Frank. I duly acknowledge and thank him for his scholarly guidance and prompt availability. It is my great joy to acknowledge my gratitude to Prof. Lorenzo Lorusso and Prof. Claudio Papale for conceding to be the first and second Relators of this thesis respectively. Wholeheartedly I thank them for their valuable corrections and constructive suggestions.

I am immensely grateful to Most Rev.  John Vadakel CMI, the bishop of the diocese of Bijnor for his constant support and encouragement. With gratitude I remember the missionary family of the diocese of Bijnor especially Most Rev. Gratian Mundadan CMI, the Bishop emeritus of Bijnor.

I owe my special thanks to the Congregation for the Oriental Churches for the scholarship for my doctoral studies. I gratefully remember Dr. Varghese Kurisuthara OCD, the Rector of Istituto San Giovanni Damasceno for his fraternal love and concern. I am also grateful to all the staff and all my friends at the institute for the homely atmosphere, companionship and support during the last three years. I specially thank Dr. George Palamattam CMI, Mr. Mike Hartley, Fr. Brian Crawford OSJ, Sr. Mariatte SVM, Fr. George Thomas Kochuvilayil, etc., for going through the script and giving me valuable corrections in the area of language and methodology.  

With gratitude I remember my parents, brothers, friends and benefactors at the completion of my studies. I wish to express my gratitude to the staff members of various libraries in Rome such as Pontifical Urbaniana University, Pontifical University Antonianum, Pontifical Oriental Institute, Pontifical Gregorian University and Pontifical Lateran University. I express my sincere gratitude to all those who have helped me physically or spiritually in completing this thesis.

Mathew John PuthenparambiL

                                                              Diocese of BIJNOR 

                                                                             

TABLE OF CONTENTS

Acknowledgement

TABLE OF CONTENTS

Abbreviations

General Introduction

Chapter I

Role and Functions of the Laity in the Church

Introduction

1. 1 Terminological Clarifications

1. 1. 1 Etymology of ‘Laity’ and ‘Lay’

1. 1. 2 The Concept of the Laity or Lay People

1. 1. 3 The Concept of Christifideles

1. 2 Participation of the Laity in Decision Making: A Historical Overview

1. 2. 1 The Role of the Laity in the Early Church

1. 2. 1. 1 The New Testament

1. 2. 2 The Fathers of the Church and Early Documents

1. 2. 3 The Councils of the First Millennium

1. 2. 4 The Laity in the Second Millennium

1. 3 The Role of the Laity in the Election of Bishops

1. 3. 1 The Role of the Laity in the West

1. 3. 2 The Role of the Laity in the East

1. 4 The Laity in the Previous Legislations

1. 4. 1 The Laity in CIC 1917

1. 4. 2 The Laity in the Cleri Sanctitati

1. 5 The Laity in the Teachings of the Second Vatican Council

1. 5. 1 Dogmatic Constitution on the Church Lumen Gentium

1. 5. 2 Decree on the Apostolate of the Lay People Apostolicam Actuositatem

1. 5. 3 Decree on the Church’s Missionary Activity Ad gentes Divinitus

1. 5. 4 Pastoral Constitution on the Church in the Modern World Gaudium et Spes

1. 6 The Laity in the Post-Vatican II Documents

1. 6. 1 Post-Synodal Apostolic Exhortation Evangelii Nuntiandi

1. 6. 2 Apostolic Exhortation Christifideles Laici

1. 7 The Laity in the Present Codes

1. 7. 1 The Laity in CIC 1983

1. 7. 2 The Laity in CCEO

1. 8 Obligations and Rights of the Laity

1. 8. 1 Obligations and Rights in General

1. 8. 2 Specific Obligations and Rights

1. 9 The Notion of the Power of Governance

1. 9. 1 The Laity and the Power of Governance

1. 9. 2 Co-operation of the Laity in the Power of Governance

1. 9. 3 Meaning of the Term Co-operation

1. 9. 4 Requirements for Co-operation

1. 10 Participation of the Laity in Tria Munera Christi

1. 10. 1 The Sanctifying Mission

1. 10. 2 The Teaching Mission

1. 10. 3 Kingly Mission of Christ

Conclusion

Chapter II

Functions of the Officials of the Curia

Introduction

2. 1 The Role of the Curia in the Diocese

2. 1. 1 The Development of the Curia in the Diocese

2. 1. 2 The Curia according to the Second Vatican Council

2. 1. 3 Functions of the Curia in General

2. 1. 4 Appointment of the Members of the Curia

2. 1. 5 Incompatible Offices in the Curia

2. 1. 6 Promise of Secrecy by Members

2. 1. 7 Powers of the Members of the Curia

2. 2. The Functions of the Chancellor

2. 2. 1 The Principal Duty of the Chancellor

2. 2. 2 Chancellor as Secretary of the Curia

2. 2. 3 Chancellor and Vice-chancellor as Notaries

2. 2. 4 Obligation towards the Moderator of the Curia

2. 2. 5 The Chancellor as the Notary

2. 2. 6 The Chancellor as the Archivist

2. 2. 7 Responsibility to Maintain Documents in the General Archive

2. 2. 8 Providing Documents from the General Archive

2. 2. 9 Functions in the Secret Archive

2. 2. 10 Removal of Documents from the Secret Archive

2. 2. 11 Destruction of Documents from the Secret Archive

2. 2. 12 Taking Care of the Historical Archive

2. 2. 13 Other Duties of the Chancellor

2. 3. The Functions of the Finance Officer

2. 3. 1 The Functional Difference in CIC and CCEO

2. 3. 2 Responsibilities of the Finance Officer in General

2. 3. 3 Multiplying the Finance of the Diocese

2. 3. 4 Taking Care of Public Juridic Persons

2. 3. 5 Preparing a Report of His Administration

2. 3. 6 Presenting the Accounts to the Faithful in the Diocese

2. 3. 7 During the Vacancy of the Diocese

2. 4. The Functions of the Members of the Finance Council

2. 4. 1 Giving Counsel for the Appointment and Removal of the Finance Officer

2. 4. 2 Giving Counsel for Major Important Acts

2. 4. 3 Giving Counsel before the Investment of Endowment Capital

2. 4. 4 Giving Counsel before Diminishing the Will

2. 4. 5 Giving Counsel/Consent for Taxation

2. 4. 6 Giving Consent for Acts of Extraordinary Administration

2. 4. 7 Giving Consent for the Alienation of Property

2. 4. 8 Preparation of the Diocesan Budget

2. 4. 9 Review of the Annual Report

2. 4. 10 The Election of an Interim Finance Officer

2. 5. The Functions of Judge in the Tribunal

2. 5. 1 The Functions of the Tribunal in General

2. 5. 2 A Quick Review of the Judge’s Active Role in the Process

2. 5. 3 Faithfulness to the Law

2. 5. 4 Judge as the Pastor

2. 5. 5 Duty to Offer His Ministry

2. 5. 6 Acceptance or Rejection of a Plea

2. 5. 7 Acceptance of Oral Petition

2. 5. 8 Sending out Summons

2. 5. 9 Fixing the Terms of Controversy

2. 5. 10 Changing the Terms of Controversy

2. 5. 11 Jurisdiction outside the Territory

2. 5. 12 Imposing Penalties

2. 5. 13 Declaration of Absolute Incompetence

2. 5. 14 Imposing Security on the Petitioner

2. 5. 15 Examination of Parties and Witnesses

2. 5. 16 Evaluation of Documentary Proof

2. 5. 17 Obtaining Moral Certitude

2. 5. 18 Conclusion of the Case

2. 5. 19 The Judicial Sentence

2. 6 The Functions of the Defender of the Bond

2. 6. 1 Right to be Present at the Trial

2. 6. 2 Right to Inspect the Judicial Acts

2. 6. 3 Right to be Heard

2. 6. 4 Obligations of the Defender of the Bond

2. 6. 5 Intervention in the Documentary Process

2. 6. 6 Intervention in the Ratum et non-consumatum Process

2. 6. 7 Intervention in Cases of Privilege of the Faith

2. 6. 8 In Nullity of Sacred Ordination

2. 7 The Functions of the Promoter of Justice

2. 8 The Functions of Advocate and Procurator

2. 9 The Functions of the Notary

Conclusion

Chapter III

Requisites for Lay Persons to Assume Offices in the Curia

Introduction

3. 1 A Lay Person as Chancellor

3. 1. 1 Obligation to Appoint a Chancellor

3. 1. 2 Appointment of the Vice-Chancellor

3. 1. 3 The Fundamental Difference between CIC and CCEO

3. 1. 4 The Qualifications

3. 1. 5 Removal from Office

3. 1. 6 Resignation from Office

3. 2 A Lay Person as Finance Officer

3. 2. 1 The Appointment of the Finance Officer

3. 2. 2 The Manner of Appointment

3. 2. 3 The Qualifications

3. 2. 4 The Term of Office

3. 2. 5 Removal from Office

3. 2. 6 Resignation from Office

3. 3 Lay Persons as Members of the Finance Council

3. 3. 1 The Appointment of Members of the Finance Council

3. 3. 2 The Number of Members of the Finance Council

3. 3. 3 The Qualifications of Members

3. 3. 4 The Term of Office and Resignation from Office

3. 3. 5 Removal from the Finance Council

3. 4 The Administration of Justice in the Diocese

3. 4. 1 The Diocesan Tribunal

3. 4. 2 Inter-diocesan or Common Tribunal

3. 4. 3 Tribunal for Religious

3. 4. 4 Obligations of the Tribunal Personnel

3. 5 A Lay Person as Judge

3. 5. 1 The Appointment

3. 5. 2 The Qualifications

3. 5. 3 Removal and Resignation from Office

3. 5. 4 The Judicial Vicar

3. 6 A Lay Person as Defender of the Bond

3. 6. 1 The Appointment

3. 6. 2 The Qualifications

3. 6. 3 The Term of Office and Removal from Office

3. 7 A Lay Person as Promoter of Justice

3. 7. 1 The Appointment

3. 7. 2 The Qualifications

3. 7. 3 The Term of Office and Removal from Office

3. 8 Lay Persons as Advocates and Procurators

3. 8. 1 The Appointment of Advocates and Procurators

3. 8. 2 Oath by Advocates and Procurators

3. 8. 3 The Number of Advocates and Procurators

3. 8. 4 The Qualifications

3. 8. 5 Removal and Dismissal from Office

3. 9 The Lay Person as Judicial Notary

3. 9. 1 The Appointment of the Notary

3. 9. 2 The Qualifications of the Notary

3. 9. 3 The Term of Office and Removal from Office

Conclusion

General Conclusion

Bibliography

Appendix 1: Proposed Statute for the Diocesan Curia

Appendix 2: Proposed Statute for the Diocesan Finance Council


Only the Extract of this thesis is published in Rome in June 2013