Misplaced Pages

Incardination and excardination

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
(Redirected from Incardinate) Catholic law tying priests to a superior
This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these messages)
This article relies excessively on references to primary sources. Please improve this article by adding secondary or tertiary sources.
Find sources: "Incardination and excardination" – news · newspapers · books · scholar · JSTOR (April 2019) (Learn how and when to remove this message)
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed.
Find sources: "Incardination and excardination" – news · newspapers · books · scholar · JSTOR (April 2019) (Learn how and when to remove this message)
(Learn how and when to remove this message)
Scale of justice
Part of a series on the
Canon law of the
Catholic Church
Ius vigens (current law)
Legal historyJus antiquum (c. 33-1140)

Jus novum (c. 1140-1563)

Jus novissimum (c. 1563-1918)

Jus codicis (1918-present)

Other

Eastern law
Liturgical lawLatin Church
Sacramental law

Sacraments

Sacramentals

Sacred places

Sacred times

Matrimonial law
Supreme authority, particular
churches
, and canonical structuresSupreme authority of the Church

Supra-diocesan/eparchal structures

Particular churches

Juridic persons

Jurisprudence

Philosophy, theology, and fundamental theory of Catholic canon law

Temporal goods (property)
Law of persons

Clerics

Office


Juridic and physical persons


Associations of the faithful


Consecrated life
Canonical documents
Penal law
Procedural lawPars statica (tribunals & ministers/parties)

Pars dynamica (trial procedure)

Canonization

Election of the Roman Pontiff

Legal practice and scholarship

Academic degrees

Journals and Professional Societies

Faculties of canon law

Canonists

Law of consecrated life

Institute of consecrated life

Society of apostolic life

icon Catholicism portal

Incardination is the formal term in the Catholic Church for a clergyman being under a bishop or other ecclesiastical superior. It is also sometimes used to refer to laity who may transfer to another part of the church. Examples include transfers from the Western Latin Church to an Eastern Catholic Church or from a territorial diocese to one of the three personal ordinariates for former Anglicans.

Tied to diocese or superior

As one part of the hierarchy of the Catholic Church, every Catholic priest or deacon must have an ordinary as a superior. Such an ordinary is most often a diocesan bishop, but can also be a leader of a religious order, such as the Jesuits or Franciscans, or some other ecclesiastical superior.

The purpose of incardination is to ensure that no cleric is "freelance", without a clear ecclesiastical superior to whom the cleric is accountable and who in turn is responsible for the cleric.

Change of diocese

Incardination does not cease until the moment when that cleric is incardinated as a subject of another superior. An excardination from one diocese, for instance, does not become effective until the moment of incardination to another, so there is no gap during which the clergyman is not clearly answerable to a definitely determined superior.

A priest or deacon may move from diocese to diocese taking a new position, including moving to a new country, while formally still being incardinated in his original diocese, and therefore still under the supervision of his original diocese's bishops, at least formally, by canon law. For instance, a Philippine diocesan priest may be assigned to a parish in the United States for decades but still be formally incardinated in his original Philippine diocese.

Canon law

Incardination is dealt with in canons 265–272 of the 1983 Code of Canon Law.

There is a similar canonical institution in the law of the Eastern Catholic Churches, which appears in the Code of Canons of the Eastern Churches, Title X «Clerics», Chapter II «Ascription of Clerics to an Eparchy», Canons 357-366.

Civil law

Questions of civil jurisdiction can come into conflict with canon law in situations where a priest is on temporary assignment remotely while he remains incardinated to his diocese of origin. This applied in the case of a French priest involved in a car accident which killed two people, while at his temporary post in California. The question arose in a civil suit, whether the Diocese of Fresno (California) where he was working was responsible legally, although the priest remained incardinated in France. The civil court ruled that it was.

Terminology

Its antonym, excardination, denotes that a member of the clergy has been freed from one jurisdiction and is transferred to another.

Both terms are derived from the Latin cardo (pivot, socket, or hinge), from which the word cardinal is also derived—hence the Latin verbs incardinare (to hang on a hinge or fix) and excardinare (to unhinge or set free).

Procedures

During the ordination ceremony, prior to the actual sacrament of Holy Orders itself, the man places himself under a promise of obedience to his bishop or other ordinary of a particular church, or makes an acknowledgment of a pre-existing vow of obedience to a prior, abbot, or other superior in an institute of consecrated life or society of apostolic life.

References

  1. Ndi, Joseph Clifford N. (28 August 2018). Contracts Between Ecclesiastical Entities According to Canon Law. Berlin: Logos Verlag. p. 222. ISBN 978-3-8325-4748-6. Retrieved 22 April 2019.
  2. Code of Canon Law, canon 266

External links

Categories: