TOPIC IV, Module 5

governance structures and the canon law of temporal goods. Topic four.

Administration of Temporal Goods Macho five.

Diocesan Administration of Temporal Goods. The College of Consult Urz.

In this module we want to focus a little bit in on the College of Consult,

Ear's and specifically the College of Consult Ear's uh,

in their roles with regards to temporal goods.

And we've seen this kind of pepper through, uh,

and referred to several times already.

But I wanted to focus in on the college a little bit just

because they do have an important role with regards to temporal goods.

So we want to look at the notion,

the composition of the notion of the college consult lawyers,

the composition of the college consult lawyers and

their function within the within canon law,

the College of Consult Ear's.

The definition of it is a group of priests freely appointed by the diocesan bishop,

who renders consultation or consent

to the diocese and bishop according to the norm of law

on matters of governance that are especially important in the life of the diocese.

That's the generic definition of the college of consultants and notice.

There's several things in there that are

of note the required consultation and consent.

Of course,

that brings in Canon 1 27 of where things are required to where the superior,

such as the bishop is required to consult or

consent if he doesn't do so than it is invalid

according to the norm of law.

Which means that Canon law is going to lay that out a little bit more specifically,

case by case issue by issue,

Uh, but usually it involves things that are of of more important governance issues

in the life of the diocese.

The composition of the College of Consulting,

according to Canon five to Section two,

is that it be at least six priests

and no more than 12 notice the college consult lawyers

can only be comprised of priests, not Deacon's. Not lay persons have to be prez.

Bitters has to be those who have been ordained priests.

At least six no more than 12.

The

membership has to come from the Press Federal Council, in other words, in the press,

Federal Council of the Diocese, the College of Consulting,

the consultants are drawn from there.

They are selected by the bishop there,

freely appointed by the bishop but he needs

to draw them from the Presbyterian Council.

Now, of course,

the college consult lawyers can also include somebody who

the the bishop wants to appoint a priest for.

The bishop wants to appoint, uh, from from there,

But in order for him to do that appointment,

that priest must also be on the press Federal Council.

So if the Presbytery Council, let's say, Let's say, uh,

you're you're a certain Episcopal vicar,

Episcopal vicar for Hispanic ministry or for for something like that,

if he wants that vicar, that priest to be on the college consult Ear's,

he has to first put him on the Presidential Council as well.

So the college must be drawn from the Presidential Council.

They're selected and freely appointed by the diocese and bishop.

However, he can just downright choose them and appoint them.

He has to appoint them for a five year term

when the term expires,

the

priest continues in his office in his seat on the college Consultores,

until until the new college is constituted until a new one takes his place.

It is the bishop that presides over the college of Consult er, so he has to preside uh,

now he can delegate somebody to run the meetings,

but he still has to be there if he is not there.

The college does not meet, so he really needs to be present.

And he needs to be the one that is running the the college.

Get a set of account or, in other words, or settle petty to

the presbytery. Council ceases. So when there is no bishop,

uh, Bishop has been moved or, God forbid, the bishop has passed away.

Uh, and the seat is vacant, the seat is vacant or if the sea is impeded,

the bishop is in a coma or something like that.

The press video council ceases. The Presidential Council does not meet.

However, the College of Consult Ear's does continue.

Uh,

but it continues according to who the code says presides or

who is the one that takes place of the bishop.

So, in a set of a content, for example, the bishop ties,

the bishop ceases the college consult.

Ear's has eight days to meet

in order to elect a diocesan administrator.

That's where the code clearly calls for the college to function,

even without a bishop.

But it can only do so where the code where law

explicitly allows them to function or allows the college to function

functions of the college.

The College of Consultants function according to the norm of law,

meaning according to the norm of canon law,

it cannot do things that is outside of its purview.

Can't do things that the law doesn't call for or doesn't allow for it to do

some examples of certain things that they are required to do.

Required consultation

We saw already in the appointment and removal of

a finance officer under can't afford 90 for the

diocese and Bishop is required to consult with the

college consult lawyers and also the the Finance Council.

But but for the for our purposes here he has to consult with the College Consultores.

If he does not do so,

that is an invalid. Act

10 and 12 77 requires that in the

bishops acts of ordinary administration of greater importance.

Remember, we looked at those different levels of things.

We have the ordinary administration,

we have the ordinary administration of greater importance,

and then we have the extraordinary, uh, administrative act

in the acts of ordinary administration of greater importance the

bishop is required to consult with the college consult Ear's.

Otherwise, it is an invalid act.

There are a few duty examples of their duty to render consent

or not to the bishop.

These are areas where the bishop is required to get

their consent not just their consultation but their consent.

Which means that if the college does not as a body,

give consent,

then the bishop cannot move forward and cannot act

in extraordinary acts of administration by the bishop.

Huge,

extraordinary administrative acts once again determined in

the United States by the dollar,

value certain other types, but mostly by dollar value.

If it rises above a certain dollar value for certain population of Catholics, Uh,

then the bishop is required to get the consent not just

the council but the consent of the okay of the college.

Consult lawyers,

Ordinary administration of the bishop,

where the consent of the College of Consult Ear's is explicitly required.

There's some other places where it's explicitly required, such as, for example,

in Canon 12 92 Section one

in the alienation of temporal goods,

and we're going to look at that when we get to the alienation section

coming up in the in the next topics.

But the diocesan bishop,

in certain acts of alienation of temporal goods of bona ecclesiastical,

has to get the consent of the College of Consult lawyers.

Once again, we'll break that out and see when that's necessary.

In the same way the college of consultants have to give their

consent when a public juristic person that's subject to the diocesan bishop

does certain acts of alienation

in transaction, posing potential adverse effect to the patrimony,

a condition of the diocese and we'll talk more about patrimony,

all conditions and patrimony of the diocese in future topics.

But for right now,

where it includes things that are dealing with patrimony of the diocese,

the college consultants have to give not only their consultation

but their consent to the diocesan bishop in order for him to be able to move forward.

And once again,

we'll talk about matrimonial conditions and patrimony of the diocese.

Uh, juristic persons a little bit later on,

the College Consultores can also be given additional functions

via the statutes of the college in particular law.

The bishop is always free to issue particular law, for example,

in in their statutes of the college consult lawyers or other laws is fine, too,

to kind of flesh things out and make things a little more specific.

However, none of those can contradict universal law,

and none of those can contradict canon law.

For example, the bishop cannot in particular law,

wave the duty of consultation or wave the duty of of of consent in certain things.

Those are universal law. He's bound by those,

but he can make up more specific laws.

For example,

he can require that in this diocese we will always

have nine priests who serve on the college consult Ear's.

That's clearly within the six and 12 that's allowed

in universal law that's required in universal laws.

So there's a particular law that makes things a little more specific,

and that's perfectly fine.

The bishop is always free

to seek advice from the College of Consult

lawyers outside of the cases listed above.

And as a matter of fact,

I would highly encourage bishops to use their College

of consulting is kind of as a sounding board

because the college is a very specific body that

the bishop has himself appointed via the Presbytery councils,

priests coming from the Press Federal Council.

There's a lot of expertise, a lot of experience there.

So Bishop would do well, I think,

to utilise his college consultant rose more than when he has to, uh,

to utilise them for for different types of consultation.

Different types of sounding boards, different types of other tasks.

In other words, it's always free to seek their advice for vengeance.

Matter of fact is encouraged to do so.

Suggestions.

I highly suggest that the statute

of the the the college consult Ear's be different.

In other words, be separate is a different document from the prosecutor of counsel.

I know that many dioceses do them as the same.

They have won a document for the Prosecutor Council,

and within that they kind of interspersed the duties of the college,

consult lawyers and the answer.

And the reason for that a lot of times

is that it's because they come from

the

Federal Council.

I think that creates a lot of confusion, and there's not enough separation.

There really is to, uh, two things going on to realities. To councils.

It's just that one is drawn from the other, but there's two realities going on

in addition to that I didn't listed here.

But in addition from having separate statutes,

I would also highly encouraged that the meetings be

separate or at least at the very least,

that the meetings be be separated in time.

What I mean by that is this. Let's say the press Federal Council meets.

And if your college is being drawn from the prosecutor counsel,

obviously your college consultants is also there.

But it's really confusing and could be dangerous when

it comes to consultation and things like that,

especially when it's required,

because we don't want to risk in validity to have it just as one meeting,

uh, that that that that becomes a little confusing.

The minutes becomes a little confusing. Is this meeting of the prosciutto Council?

Is this a meeting of the College of Consult Ear's?

Sometimes that becomes a little confusing because once again,

if the bishop is required

to consult or get the consent of the college,

and he only does that with the Presbytery Council,

we cannot say that that he's gotten it because that was

a Presbyterian Council meeting that was a press federal council act.

If you will

press Federal Council consultation.

Oh, no, no, it's all included, doesn't fly, uh,

simply because it has to be solely the college of console jars.

So I would suggest that if two meetings cannot be done, then there's a definite end,

for example, to oppress federal council meeting.

So let's say everybody needs

for press federal council meeting.

I would say at a certain point in the Presidential Council many meeting.

Let the minutes reflect that show that take a five minute break.

All those who are not on the college can be dismissed

and then have the College of Consultores meeting right after that,

with separate minutes separate agenda that keeps things a lot more

clear and a lot more more flowing.

Uh, and when there's a question, then, uh,

there could be clarity as to whether this was a

Prosecutor Council act or a College of Consultores act.

It also helps the members of the council's understand, too,

particularly if one is serving on both, and you have to.

If you're on the college, consult lawyers.

You're also on the Presidential Council,

so there can be two hats that's going on in my voting here,

or am I giving my consultation as oppressive federal council member or as a college,

a consult, er member.

That's why I would suggest that there would be a definite break,

two separate meetings that can be attached.

They can be one right after the other, but, uh, but that they be distinct, I think,

is incredibly helpful.

Of course,

another suggestion is that there will be in service

or formation for new press bureau council members,

new college consultants, members, uh,

and really good to have a refresher in service every now and then.

Good to go through the statutes. Good to go through sections in the code of canon law.

Just so everybody know what they're already knows, what their functions is,

uh,

and that everybody can be very clear as to what the service

they were rendering is so highly suggest that be the case.

Uh, it could come from again. It can come from the code.

It can come from going through the statutes,

particularly with the new members coming on board.

TOPIC IV, Module 5

Chapters

Audio TranscriptAuto-generated