Possession and vacancy of sees upon appointment

[Elizium23]

From my reading of Canon Law, it seems that a bishop takes canonical possession of a diocese upon his installation, and it is at that point when his previous see becomes vacant. I have been told that this occurs upon appointment instead, and at the press conference today, the host was already calling +Aquila “archbishop”. So which is it?

 

[dans0622]

From my reading of Canon Law, it seems that a bishop takes canonical possession of a diocese upon his installation, and it is at that point when his previous see becomes vacant. I have been told that this occurs upon appointment instead, and at the press conference today, the host was already calling +Aquila “archbishop”. So which is it?

Hello,

You are correct, as can be seen in c. 418. He is not an archbishop, yet, since he is not holding the office of archbishop. It is perhaps more accurate to refer to him as archbishop-elect. It’s like when the names of the new cardinals are announced: people refer to those men as Cardinal so-and-so even before the consistory–which actually makes them cardinals–takes place. It’s an appropriate way to show prevenient respect, I suppose.

Regarding vacancy, Bishop Aquila is not the bishop of Fargo anymore: he’s the administrator. Practically, then, the diocese of Fargo is functioning as a vacant diocese…even though it is not vacant until he takes possession of the other see.

Dan

 

[Joe_5859]

Dan is correct. Once a bishop is appointed to another diocese, he functions more as administrator of his current diocese. There are certains things bishops can do that administrators cannot do (like promulgating certain directives, etc.). So Archbishop-elect Aquila couldn’t decide that now is the time to institute a new diocesan-wide pastoral plan. He would have had to sign off on that yesterday.

 

[Digitonomy]

It’s worth noting that occasionally an incoming bishop will coordinate with the diocesan administrator so that decisions are not unnecessarily delayed. I recall hearing about such coordination in one diocese before a new bishop was installed, so the diocese could respond more quickly to Summorum Pontificum.

 

[Elizium23]

I’m still running into resistance about this concept. I have a further question. When does a retiring bishop acquire the title “Emeritus”? Is it upon the appointment of his successor, or the successor’s installation? This article indicates the former, but I would have thought the latter, because the diocese still needs someone to govern in the interim between appointment and installation. So to make this current, is Archbishop-elect Cordileone still the Bishop of Oakland, and is Archbishop Niederauer now officially retired, or does that wait until the installation in October?

 

[dans0622]

I’m still running into resistance about this concept. I have a further question. When does a retiring bishop acquire the title “Emeritus”? Is it upon the appointment of his successor, or the successor’s installation? This article indicates the former, but I would have thought the latter, because the diocese still needs someone to govern in the interim between appointment and installation. So to make this current, is Archbishop-elect Cordileone still the Bishop of Oakland, and is Archbishop Niederauer now officially retired, or does that wait until the installation in October?

Hello,

A bishop loses office at the moment the Pope’s acceptance of the resignation is made public. So, Archbishop Niederauer is now “Emeritus.” See the link, #'s 225 and 232.

vatican.va/roman_curia/congregations/cbishops/documents/rc_con_cbishops_doc_20040222_apostolorum-successores_en.html#Appendix

When the resignation is accepted, the diocese moves to elect an administrator to govern the diocese until the successor is installed (unless the Pope himself has named an administrator).

Dan

P.S. To answer the concluding questions: he is not a diocesan bishop during the time of transition; yes; no.

 

[Elizium23]

I see, so is +Cordileone “Bishop of Nowhere”? If he is not Bishop of Oakland, and he is not yet Archbishop of San Francisco, what is his see?

And why hasn’t the Archdiocese of San Francisco updated their page on Niederauer? I would hope that somewhere I could find a reliable news source calling him “Archbishop Emeritus” but I cannot.

 

[dans0622]

I see, so is +Cordileone “Bishop of Nowhere”? If he is not Bishop of Oakland, and he is not yet Archbishop of San Francisco, what is his see?

I’m sorry, that statement of mine is not correct. He is still the bishop of Oakland but he does not have the authority of the bishop. See that link, # 233. I should have thought a bit more before typing…

As far as the diocesan website goes, I don’t know. I think my understanding of the situation is (now) correct, no matter what the website says.

Dan

 

[Joe_5859]

I’m sorry, that statement of mine is not correct. He is still the bishop of Oakland but he does not have the authority of the bishop. See that link, # 233. I should have thought a bit more before typing…

As far as the diocesan website goes, I don’t know. I think my understanding of the situation is (now) correct, no matter what the website says.

Dan

They just made the announcement on Friday. We’re Catholic, so we shouldn’t be surprised if our technology lags a little bit.

 

[Elizium23]

Well, as another instance of this, the Diocese of Buffalo has a similar deafening silence concerning +Kmiec’s retirement status. All his information says he is the “current bishop of Buffalo”.

 

[JGMendes4049]

This is why I wish the Holy Father would appoint coadjutor bishops more often.

 

[Elizium23]

OK, I have been convinced beyond the shadow of a doubt in this last point. This letter from Archbishop Emeritus Mario Conti makes it abundantly clear of his current status as retired archbishop, and in the light of all other reliable sources agreeing, I agree that it is simply an oversight of the other Diocesan websites that they do not term their outgoing [arch]bishops as “Emeritus”

Thank you all for this information. I am using it on Wikipedia, where editorial quality is sorely lacking in updating diocesan articles and prelate bios when appointments are made. Many prematurely assert a sede vacante or a premature assumption of enthronement and I have to correct these because Wikipedia has a policy against depicting future events as already happened. Things happen between the time of appointment and installation, a bishop could die, a scandal could emerge, he could be somehow prevented from taking his place on the cathedra. So I am working toward accuracy and uniformity as new episcopal appointments come out.

One editor whom I have clashed with in my quest happens to be the guy who runs catholic-hierarchy.org/ - I checked out this site and it is full of the same errors as Wikipedia. Too bad that this person would not accept my advice and make a correct reading of Canon Law and reliable sources that document the process of episcopal appointment. According to that website, dioceses such as Oakland and Paisley are vacant. A shame for such a comprehensive and well-respected source of information on Catholic prelates.

 

[Digitonomy]

OK, I have been convinced beyond the shadow of a doubt in this last point.

I’m glad you are convinced, but I’m not positive from that post and your previous ones exactly what you’re convinced of!

It sounds like you’re saying that the see is still occupied upon the acceptance of a bishop’s resignation. I don’t think this is correct. As our last bishop said while we awaited appointment of a new bishop, “I am a bishop in ______, but I am not the Bishop of ______.” My understanding is that the retired bishop serves at the pleasure of the new bishop, and that this isn’t really a change in his status - presumably he serves the diocese under the direction of the diocesan administrator during the interregnum. That the retired bishop often is the diocesan administrator just makes things easier.

 

[Joe_5859]

Erie just got appointed a new bishop. They have a statement on their homepage. Take note of the part I bolded:

Pope names Msgr. Lawrence T. Persico, JCL, Tenth Bishop of Erie

July 31, 2012

Pope Benedict XVI today named the Rev. Msgr. Lawrence T. Persico as the tenth bishop of the Roman Catholic Diocese of Erie. He will succeed Bishop Donald W. Trautman, S.T.D., S.S.L., and will be ordained and installed as bishop during a Mass at St. Peter Cathedral in Erie on Monday, Oct. 1, 2012.

Bishop Trautman will introduce Bishop-elect Persico at a news conference today at 10:30 am at St. Mark Catholic Center, 429 East Grandview Boulevard, Erie.

In the announcement at noon, Roman time, today, Pope Benedict XVI also accepted Bishop Trautman’s resignation, which was submitted following church protocol on his 75th birthday, June 24, 2011. Bishop Trautman will continue to lead the mission and ministries of the diocese as Bishop Emeritus until Bishop-elect Persico’s installation.

Born Nov. 21, 1950 in Monessen, Pa., Bishop-elect Persico was ordained a priest for the Diocese of Greensburg on April 30, 1977. Until the announcement, he was serving as vicar general, moderator of the curia, defender of the bond and advocate of the diocesan Tribunal and acting chancellor of the Diocese of Greensburg as well as pastor of St. James Parish.

For Bishop-elect Persico’s complete biography, downloadable photographs and more information on today’s announcement, please return to www.ErieRCD.org as well as the facebook page of the Diocese of Erie frequently over the next days and weeks.

 

[JGMendes4049]

Thank you all for this information. I am using it on Wikipedia, where editorial quality is sorely lacking in updating diocesan articles and prelate bios when appointments are made. Many prematurely assert a sede vacante or a premature assumption of enthronement and I have to correct these because Wikipedia has a policy against depicting future events as already happened. Things happen between the time of appointment and installation, a bishop could die, a scandal could emerge, he could be somehow prevented from taking his place on the cathedra. So I am working toward accuracy and uniformity as new episcopal appointments come out.

One editor whom I have clashed with in my quest happens to be the guy who runs catholic-hierarchy.org/ - I checked out this site and it is full of the same errors as Wikipedia. Too bad that this person would not accept my advice and make a correct reading of Canon Law and reliable sources that document the process of episcopal appointment. According to that website, dioceses such as Oakland and Paisley are vacant. A shame for such a comprehensive and well-respected source of information on Catholic prelates.

Thank you for helping to better Wikipedia’s reputation and quality.

 

[Elizium23]

I’m glad you are convinced, but I’m not positive from that post and your previous ones exactly what you’re convinced of!

It sounds like you’re saying that the see is still occupied upon the acceptance of a bishop’s resignation. I don’t think this is correct. As our last bishop said while we awaited appointment of a new bishop, “I am a bishop in ______, but I am not the Bishop of ______.” My understanding is that the retired bishop serves at the pleasure of the new bishop, and that this isn’t really a change in his status - presumably he serves the diocese under the direction of the diocesan administrator during the interregnum. That the retired bishop often is the diocesan administrator just makes things easier.

A retired bishop’s resignation is typically effective upon the appointment of his successor, rather than his installation. That is what I am convinced of. He becomes [Arch]Bishop Emeritus and the see is Sede Vacante.

However, for lateral moves, a bishop’s appointment to a new diocese does not automatically make him a bishop of the new see, and it does not quite terminate his status as bishop of the previous one: he is still titled, e.g. “Bishop of Oakland” but his powers are limited to that of a Diocesan Administrator. The misconception I am trying to iron out of Wikipedia is that people think his old see becomes vacant upon his appointment, and that he obtains power as, e.g. Archbishop of San Francisco upon his appointment as well. These things happen at his installation liturgy.

 

[Digitonomy]

A retired bishop’s resignation is typically effective upon the appointment of his successor, rather than his installation. That is what I am convinced of. He becomes [Arch]Bishop Emeritus and the see is Sede Vacante.

No. The successor has nothing to do with it. The see becomes vacant upon acceptance of his resignation, and in fact such acceptance must be published by the Vatican printer to constitute “certain notice” and actually take effect.

Can. 416 An episcopal see is vacant upon the death of a diocesan bishop, resignation accepted by the Roman Pontiff, transfer, or privation made known to the bishop.

Can. 417 Everything that a vicar general or episcopal vicar does has force until they have received certain notice of the death of the diocesan bishop. Likewise, everything that a diocesan bishop, a vicar general, or an episcopal vicar does has force until they have received certain notice of the above-mentioned pontifical acts.

Can. 418 §1. Upon certain notice of transfer, a bishop must claim the diocese to which he has been transferred (ad quam) and take canonical possession of it within two months. On the day that he takes possession of the new diocese, however, the diocese from which he has been transferred (a qua) is vacant.

§2. Upon certain notice of transfer until the canonical possession of the new diocese, a transferred bishop in the diocese from which he has been transferred:

1/ obtains the power of a diocesan administrator and is bound by the obligations of the same; all power of the vicar general and episcopal vicar ceases, without prejudice to ⇒ can. 409, §2;

2/ receives the entire remuneration proper to this office.

Can. 419 When a see is vacant and until the designation of a diocesan administrator, the governance of a diocese devolves upon the auxiliary bishop or, if there are several, upon the one who is senior in promotion. If there is no auxiliary bishop, however, it devolves upon the college of consultors unless the Holy See has provided otherwise.

The one who so assumes governance of the diocese is to convoke without delay the college competent to designate a diocesan administrator.

 

[Elizium23]

Actually, the successor does have something to do with it. When a bishop submits his resignation, it may be accepted immediately if he is doing a bad job or impeded by health or some other good reason, but more often than not, it is accepted nunc pro tunc. This means “now for later” and it means that the Holy See wishes to perform a search for his successor before he can retire. This is how most resignations are handled. They are not accepted upon receipt. A search is made for a successor, and upon announcement of his appointment, the resignation is accepted, and the outgoing [Arch]Bishop attains the title Emeritus.

 

[Elizium23]

I have a followup to this and a related question.

According to this article from Whispers in the Loggia, a Bishop-elect is permitted to use the titles “Your Excellency” and “The Most Reverend” from the moment of announcement of his appointment. Does this also apply to Cardinal-designates? Can they be called “Your Eminence” before the consistory happens?

 

[Joe_5859]

I have a followup to this and a related question.

According to this article from Whispers in the Loggia, a Bishop-elect is permitted to use the titles “Your Excellency” and “The Most Reverend” from the moment of announcement of his appointment. Does this also apply to Cardinal-designates? Can they be called “Your Eminence” before the consistory happens?

Stirring up trouble again.

I don’t know the answer.