Notas sobre el concepto canónico de archicofradía: El caso de las hermandades penitenciales de Sevilla

Abstract

In the current Codex Iuris Canonici of 1983, the canons of the abrogated Codex of 1917 on confraternities and archconfraternities, have disappeared. However, the sociological reality of the dioceses of Andalusia has determined that particular law maintains specific regulation of this type of association. The archdiocese of Seville, unlike other particular Andalusian Churches, has not only promulgated norms directly controlling the confraternities, but includes a precept which refers specifically to archonfraternities. This article, after a general presentation of the historical evolution of the canonical notion of archconfraternity (whose fundamental principles can be found in the Apostolic Constitution Quaecumque of 1604, the Code of 1917 and the decree of Seville of 1985), studies the case of Penitential Confraternities which take part in the famous Holy Week processions of Seville and how some of them have obtain the title of archonfraternity. This implies : either that they were established prior to the universal regularisation, and therefore, of the concept given in Quaecumque; or in parallel with this document and so by virtue of particular custom outside the law; or by an apparent adjustement to the demands of the constitution ; or simply by ignoring that which is prescribed in both universal and particular law