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 ORDINARIATE

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ORDINES

Ordinariate (from Ouiunauy, q. v.). — This tiTin is usoil in spi'aking colk'i'tivoly of all the various; or- Riins through which :in ordinary, ami cspfoially a bishop, exercises the diflferent forms of his authority. This word, which is employed particularly in Germany, does not occur in strict canonical language; but it is exactly equivalent to what canonists call the curia. Just as the pope is ofTioially responsible for all that is done in his name and by his authority in the differ- ent branches of the Roman Curia (congregations of cardinals, tribunals, offices), so, too, an ordinary and especially a bishop bears the official responsibility of whatever is done, in his name and with his authority, by the persons or committees composing his curia, who are the organs of his administration (vicar-general, official, judges, secretaries, councils of various kinds). Whatever may be the exact form of this administra- tion in each diocese, it is still the diocesan adminis- tration and the ordinariate. (See Bishop; Diocesan Chancery; Official; Vicar-General; Vicar Ca- pitular.)

a. boudinhon.

Ordinary (Lat. ordinarius, i. e., judex), in ecclesi- astical language, denotes any person possessing or exercising ordinary jurisdiction, i. e., jurisdiction con- nected permanently or at least in a stable way with an office, whether this connexion arises from Divine law, as in the case of popes and bishops, or from posi- tive church law, as in the case mentioned below. Or- dinary jurisdiction is contrasted with delegated juris- diction, a temporary communication of power made by a superior to an inferior; thus we speak of a dele- gated judge and an ordinary judge. A person may be an ordinary within his own sphere, and at the same time have delegated powers for certain acts or the ex- ercise of special authority. The jurisdiction which constitutes an ordinary is real and full jurisdiction in the external forum, comprising the power of legis- lating, adjudicating, and governing. Jurisdiction in the internal forum, being partial and exercised only in private matters, does not constitute an ordinary. Parish priests, therefore, are not ordinaries, though they have jurisdiction in the internal forum, for they have not jurisdiction in the external forum, being in- capable of legislating and acting as judges; their ad- ministration is the exercise of paternal authority rather than of jurisdiction properly so called.

There are various classes of ordinaries. First, they are divided into those having territorial jurisdiction and tho.se who have not. As a rule ordinary juris- diction is territorial as well as personal, as in the case of the pope and the bishops; but ordinary jurisdiction may be restricted to certain persons, exempt from the local authority. Such for instance is the jurisdiction of regular prelates, abbots, generals, and provincials of religious orders making solemn vows ; they can legis- late, adjudicate, and govern; consequently they are or- dinaries; but their jurisdiction concerns individuals, not localities; they are not, like the others, called local ordinaries, ordinarii locorum. Superiors of congre- gations and institutes bound by simple vows are not ordinaries, though they may enjoy a greater or less de- gree of administrative exemption. The jurisdiction of local ordinaries arises from Divine law or ecclesias- tical law. The pope is the ordinary of the entire church and all the faithful ; he has ordinary and im- mediate juri.sdiction over all (Cone. Vatic., Const. "Pastor aiternus", c. iii). BLshops are the p.astors and ordinary judges in their dioceses, appointed to govern their churches by the Holy Ghost (Acts, xx, 28). Certain bishops have, by ecclesiastical law, a mediate ordinary power over other bishops and dio- ceses; these are the metropolitans, primates, and pa- triarchs. In a lower rank, there is another class of ordinaries, viz., prelates who exercise jurisdiction in the external forum over a given territory, which is not

a diocese, either in their own name, as in the case of prelates or abbots iiiillins or in the name of the pope, like vicars and prefei^ts Apostolic until the erection of their territories into comi)l<'te dioceses.

Local ordinaries hciiiK unable personally to perform all acts of their jurisilicfion may and even ought to communicate it permanently to certain persons, with- out, however, divesting themselves of their authority; if the duties of these persons are specified and deter- mined by law, they also are ordinaries, but in a re- stricted and inferior sense. This is vicarial jurisdic- tion, delegated as to its source, but ordinary as to its exercise, and which would be more accurately termed quasi-ordinary. In this sense vicars-general and dioc- esan officials are ordinaries; so also, in regard to the pope, the heads of the various organs of the Curia are ordinaries for the whole Church; the cardinal vicar for the Diocese of Rome and his district; the legate a latere, for the country to which he is sent. Finally, there are ordinaries with an interimary and transitory title during the vacancy of sees. Thus when the Holy See is vacant, the ordinaries are the College of Cardi- nals and the cardinal camerlengo; when a diocese, the chapter and also the vicar capitular, and in general the interimary administrator; so, too, the vicar, for re- ligious orders. These persons possess and exercise exterior jurisdiction, although with certain restric- tions, and this in virtue of their office; they are therefore ordinaries.

In practice, the determination of the persons in- cluded under the term ordinary is of importance in the case of indults and the execution of rescripts issued from Rome. Since the decrees of the Holy Office dated 20 February, 1888, and 20 April, 1898, indults and most of the rescripts, instead of being addressed to the bishop, are addressed to the ordinary; and it has been declared that the term ordinary comprises bishops, Apostolic administrators, vicars, prelates or prefects with separate territorial jurisdiction, and their officials or vicars-general; and also, during the vacancy of a see, the vicar capitular or lawful admin- istrator. Thus the powers are handed on, without intermission or renewal, from one ordinary to his successor. (See Jurisdiction.)

See the canonical writers on the titles De officio judicis ordinarii, 1. I, tit. 31, and De officio ordinarii, 1. 1, tit. 16, in VI : Sagmuller, Lehrbuch des kathol. Kirchenrechts (Freiburg, 1909), §60, 87 aq. A. BOUDINHON.

Ordination. See Orders, Holy.

Ordines Romani. — The word Ordo commonly meant, in the Middle Ages, a ritual book containing directions for liturgical functions, but not including the text of the prayers etc., recited by the celebrant or his asssistants. These prayers were contained in separate books, e. g., the Sacramentary, Antiphonary, Psalter, but the Ordo concerned itself with the cere- monial pure and simple. Sometimes the title ' ' Ordo " was given to the directions for a single function, sometimes to a collection which dealt in one docu- ment with a number of quite different functions e. g., the rite of baptism, the consecration of a church, extreme unction, etc. Amalarius (early ninth cen- tury) speaks of the WTitings "qua! continent per diversos libellos Ordinem Romanum" (P. L., CV, 1295). Speaking generally, the word Ordo in this sense gave place after the twelfth century to "Care- moniale", "Ordinarium" and similar terms, but was retained in other senses, especially to denote the brief conspectus of the daily Office and Mass as adap- ted to the local calendar (see Directories).

A considerable luniiber of Ordines arc preserved among our manuscripts frorji the eighth to the twelfth century. The first priiilcd m nHjdcrn times was the so-called "Ordo Romanus Vulgatus", which after an edition published by (jeorge Cassander at Cologne (in 1.561) was reprinted by Hittorp in his "De divinis catholica) ccclesia; officiis" (Cologne, 1568) and is