BQV

198
.85

1895
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ELEMENTS

ECCLESIASTICAL

LAW

COMPILED WITH REFERENCE TO

THE LATEST DECISIONS OF THE SACRED CONGREGATIONS

OF CARDINALS.

ADAPTED ESPECIALLY TO THE DISCIPLINE OF THE CHURCH

IN

THE

UNITED STATES.

REV.

S.

B.

SMITH,

D.D.,

FORMERLY PROFESSOR OF CANON LAW, AUTHOR OF "NOTES ON THE SECOND

PLENARY COUNCIL OF BALTIMORE," "COUNTER-POINTS IN CANON LAW,"
"NEW PROCEDURE IN CRIMINAL AND DISCIPLINARY CAUSES OF
ECCLESIASTICS," "COMPENDIUM

JURIS

"MARRIAGE PROCESS," ETC.,

Vol.

CANONICIi"

ETC.

I.

ECCLESIASTICAL PERSONg)(
.

|_|BRIS

BASIL S SCHOLASTIC/

ST,

NINTH F.nTTTO*Q ^7fl

.

5""L-

CAREFULLY REVISED BY THE AUTHOR.

NEW

YORK, CINCINNATI, CHICAGO

ZIGER BROTHERS,
PRINTERS TO THE HOLY APOSTOLIC SEE.

Imprimaturs

Nf#I

to the

Sixth Edition.

tftiatet.

H.

GABRIELS,

S.T.D.,

Censor Deputatut.

MICHAEL AUGUSTINUS,
Arctiiepiscopus Neo-Eboracensis.

DATUM NEO-EBORACI,
DIE 14 JANUARII,

1887.

*GULIELMUS HENRICUS,
Archiepiscopus Cincinnatensis.

DIE

17 JANUARII. 1887.

DEC

"3

1954

Copyrighted, 1887, by BENZIGER BROTHERS.

Imprimatur

to

Former

Editions.

Xtfjil (Dtistat.

REV.

S.

G.

MESSMER,

S.T.P.,

Censor Deputatus.

IMPRIMATUR
OF HIS EMINENCE THE CARDINAL ARCHBISHOP OF

NEW

YORK.

Jraprittmitm

JOANNES CARD. McCLOSKEY,

Archiepiscopus Neo-Eboracensis.

DATUM NEO-EBORACI,
DIE

25 MA&TII, 1877.

to

ARCHBISHOP

former ISMtions.

HOUSE, WESTMINSTER, S. W., Apr. 7, 1881.

Rev. and dear Father: I have to thank you for sending me a copy of your
work on the Elements of Ecclesiastical Law." On receiving it, I at once
examined certain parts to which my attention has been lately directed, and I
found the treatment of them singularly full and precise. The book, therefore,
And I will
will be, I believe, of much use in Seminaries and to the Clergy.
not fail to make it known.
The new Hierarchies and the Churches of the New World are under con
ditions so totally unlike the old countries in centuries past, that we need a
Novum Jus by the application of old principles to a new state,
S

"

"

"

every blessing prosper your labours.

I remain, Rev. and dear Father, yours faithfully in Xt.,

HENRY

CARD.-ARCHBISHOP.

E.,

Of

Westminster.

BIRMINGHAM, March

DEAR REV. SIR

On receiving your

19, 1881.

I put 2t into thr

Elements of Ecclesiastical Law
hands of the Theological Professor of one of our Seminaries. He has read it
the
confirms
for me, and, 1 am glad to say,
prinia facie judgment I had formed
"

"

of its utility for ecclesiastical students, as well as of

you will like to see his letter, I inclose it.

Thanking you for the gift of the volume,
Your faithful servant

am. Rev.

in

learning.

As

MY LORD

think

Sir,

H.

CARD. NEWMAN.

of the Theologian appointed by His Eminence, Cardinal Newman,

the

Xt,

JOHN
{Letter

its

to

examine

ELEMENTS.]
I4th March, 1881.

CARDINAL

The Elements of Ecclesiastical Law," by Dr. Smith, is in my opinion not

only a very interesting, but also a most iiseful book for Students and Priests
here as well as in America. The chief good points of the book I take to be
The selection of material, i. e., the leaving out a great deal of archaic infor
I.
mation which one usually meets with in such books, and giving just what is
necessary for our times and circumstances.
II. His method, i. e., ist, the order in which he puts the general principles
or the old Common law of the Church first, and then the special Ecclesiastical
law of America, England, or Ireland, makes a good and clear picture of the
American Church as part of the old Mother Church and still on the other hand
as a new creation of our own times
2d, the manner in which he proposes the
matter in questions and answers, is catechetical, and makes things very concise
and clear. One sees the author has but one purpose throughout, i, e to be
"

useful to his readers.

III. The author constantly refers to the best authorities for his statements
and conclusions, and the book has been examined by Cardinal Simeoni s Consuitors, whose suggested corrections are embodied in the 3d edition, a~nd it
bears the stamp of approbation by many Bishops and is consequently on mere
external grounds a very reliable book.
IV. What makes the book also very interesting and useful is the many
references to the Schemata Vaticani Conci /ii, or proposals made by Bishops to
bring about a change, revision of the Corpus juris, and he gives many instances.
V. With a few more additions as regards England, the book might be clas
sical for this country
anyhow, there is no book that would better meet our
wants at present. I hope it is a little spur for students
as yet there is no
such thing as Canon law in our seminaries, and I believe Priests at large do
care
for
or
not
think they can do without it. Any one who reads Dr. Smith
it,
;

on Vicars General, Parish

Priests,

Chaplains and Confessors, or also on Bish

cps, will find out his mistake.

As Manuals or Handbooks are generally tedious, it is a great thing to say
I shall recommend it to our students here as
that Dr. Smith s is not tedious.
that book which fills up a gap in our theological education, and will be very
I have the honor of remaining
useful on the mission.

Your Eminence

humble

servant,
V. T.

SCHOBEL.

LONDON, ONTARIO, March

3d, 1881.

As your work entitled "Elements of Ecclesiastical

Rev. and dear Sir:
revised at Rome and approved by many distinguished Prelates,
Law," has been
it cannot fail to command general confidence as to its accuracy and trustworthi
It affords me pleasure to add my Commendation to that given it by so
ness.
many learned Bishops and Canonists.
Believe me to be, Rev. and dear Sir, yours sincerely,
i* JOHN WALSH, Bishop of London.
TORONTO, March

5,

1881.

dear Doctor Smith

Many thanks for your excellent treatise on the
elements of Ecclesiastical law. It is a work which was a long time needed,
It will be read by many ecclesiastics with
time.
and yet, it comes in good
much profit, and will save the Bishops a great deal of trouble, as the priests
will be more acquainted with the duties and responsibilities of their Bishops, as
Besides an acquaintance with the forms of procedure, in
well as their own.
You have indeed rendered
cases of delinquency, will prevent many mishaps.
a great service to the Catholic Church in America, and your submitting the
work to the Roman Consultors will give it a title to great authority. Receive,
my dear Doctor, the expression of my high esteem and consideration.
Yours very faithfully in Xt,

My

t JOHN JOSEPH LYNCH,

Archbishop of Toronto.
ST. JOHN, N. B March 2ist, 1881.
have to thank you for a copy of your work, Elements
of Ecclesiastical Law."
It is a useful and valuable work, and having besides
the approbation of the Propaganda, must prove an acceptable addition to the
ecclesiastical library.
I am, dear Sir,
Faithfully yours in Xt,
,

Rev. dear Sir

"

J-

J.

SWEENY,
Bishop of

St.

John.

*-*>

As
give

is

LOTJVAIN, March 29, 1881.

regards a recommendation, Rev. and dear Sir, I think the best I can
to say that I have adopted the book as a text-book for my students.
J.

DE NEVE, DOM. PRELATE,

Rector of the American College, Louvain.

APPROBATION OF THE AUTHOR

ORDINARY.

DIOCESE OF NEWARK,

NEWARK, April

DEAR DOCTOR

28, 1877.

have heard with great pleasure that you have finished your work on
that it has obtained the
Imprimatur" of his Eminence Car

Canon Law, and

"

dinal

McCloskey.
The study of the laws of the Church, in which the wisdom of the past is
embodied, is always interesting and useful, not to speak of the growing im
portance attached to such knowledge in our midst. I therefore congratulate
you on the good that you have done by compiling a summary of Canon Law,
from approved sources, and I sincerely wish you all the success which your
I remain, Rev. Dear Doctor,
zeal and assiduity deserve.

Very

truly,

yours in Christ,

MICHAEL,

Bishop of Newark.

This beautiful volume comes in proper time.

|F. N.

BLANCHET,

Archbishop of Oregon.

As the
Elements of Ecclesiastical Law" has the approbation of CardiMcCloskey and of the Bishop of Newark, I cannot refuse to tender my
"

*al

fJOHN

approbation.

M. HENNI,

Archbishop of Milwaukee.

The voluminous work of Dr. Smith cannot fail to be useful to many

clergymen, those especially who do not possess already similar works. Yet
I do not pretend hereby to give a judgment or approbation of all parts of tho
work

leave that to

more competent persons.

|A. M. BLANCHET,
Bishop of Nesqually.

You

are

"Elements

welcome

to put

of Ecclesiastical

my name among

Law."

the admirers of Dr. Smith s

would not commit myself

to

approval

positions ; but in general I am glad to see such a work, and it

seems to be well done. I think, too, in this case, he did well to give it in
I would rather students should
English.
study their Canon Law in Latin.
of all

its

But as there was no such work in the country before,

swers both for students and for other readers.
\

it

is

well that this an

WILLIAM HENRY ELDER,

Bishop of Natchez.

have carefully looked over the book entitled Elements of Ecclesiasti.

and I cannot but regard it as a most useful and timely publication.
The numerous references to standard authorities upon almost every question
of which it treats make the book especially valuable.
"

cal

Law,"

THOMAS

L.

GRACE,

Bishop of

St.

Paul

The "Elements of Ecclesiastical Law," by Dr. Smith, I find to be a

I hope that this really meritorious and
learned and useful work
solid work will have a wide circulation.
f
J. HOGAN,

JOHN

Bishop of

St.

Joseph,

An important and valuable addition to our Catholic literature, and I

hope the publishers enterprise and the reverend author s learned labors will
be appreciated by the Catholic public. I sincerely express my own most
hearty appreciation and thanks to author and publishers.
\ S.

V.

RYAN,

Bishop of Buffalo.

have read with pleasure, and I hope with fruit, the work of Dr. Smith
Elements of Ecclesiastical Law." I consider it the best elementary
and enriched with its copious references,
>eatise on the subject I have seen
directs the student who desires a more extensive course of reading.
Dr.
Smith has shown in his work extensive, judicious, and conscientious study.
I

on

"The

\ P.

T.

O REILLY,

Bishop if Springfield.

It is

indeed a most useful work

clear, plain,

great want.

and learned.

It

supplies a

JOSEPH DWENGER,
Bishop of Fort Wayne,

The work
ing in

its

that

is

it

is

to our libraries, well arranged, interest

and so necessary to the student of Theologj

welcome addition

matter and manner

easy to predict for

it

the popularity
|

it

richly deserves.
F.

THOMAS

HENDRICKEN,
Bishop of Providence.

read Dr. Smith

of Ecclesiastical

s first

book with

pleasure, and his

work on

"

Elements

published with the approbation of his Ordinary, the

Bishop of Newark, and the Imprimatur" of the Cardinal Archbishop of New
York, with even greater satisfaction.
f E. P.
Law,"

"

WADHAMS,

Bishop of Ogdensburg.
I find

the

book very good, and approve of

f

it

quite cneenuily.

RUPERT SEIDENBUSH,

O.S.B.,

Bishop of

"

St. Cloud.

I have been prevented from making such examination of Dr. Smith s

Elements of Ecclesiastical Law" as would make my opinion
satisfactory to

I can only
rejoice with you that the commendations already received
render unnecessary to its success the good word. It has
already the best
wishes of yours sincerely,
f JAMES AUG. HEALY,

myself.

vj

Bishop of Portland.

am

very

much

pleased with

it.

J.

TUIGG,
Bishop of Pittsburgh.

An admirable work of its kind. It is a clear, concise, and, I think, an

of the principles and leading provisions of those
entirely reliable exposition
It gives evidence of patient and
which
it treats.
of
Law
Canon
of
parts
of its
extended research, and of a sound and judicious criticism on the part
merit of throwing a
author, and it has, for American readers, the peculiar
unsettled canonical questions that
great deal of light on many necessarily
If I am not mistaken, it will be welcomed as an
arisen in this
have

country.
excellent and much-needed text-book in our seminaries, and will give
fresh impulse to canonical studies among the clergy generally.
Sincerely yours in Dmo.,

fj.

O CONNOR,
Ap. Neb.

Vic.

REV. DEAR DOCTOR

Having examined

that

me

"

Elements of Ecclesiastical

Law,"

am

glad to say

very much.

it

pleases

It

should be one of the chief objects of a writer on Ecclesiastical

Law

to

show what the universal Ecclesiastical Law is, and how far it is applied or
should he faithfully
applicable to particular nations or countries especially
In these re
See.
the
of
decisions
of
the
and
Holy
letter
the
adhere to
spirit
;

succeeded very well. While setting

Church, you have, as far as its
due consideration to the pe
applicability to this country is concerned, given
Your work, therefore,
culiar condition of the Church in the United States.
and useful, both to priests on the mission and to stu
is
can

judge,
spects, you have, so far as
forth the principles of the common law of the
I

very practical, opportune,

The clearness and excellence of
dents in seminaries.
der its perusal not only instructive but also agreeable.
ters freely controverted

and

its

this country.
adaptability to

trust

it

will

method

will

ren

Hence, while in mat-

among canonists and theologians,

/ sincerely congratulate you on the

coincide with your views,

look

its

may

not alwayj

excellence

of your
meet with complete

Truly yours,
A. KONINGS, C.SS.R.

success.

The present work is an accurate summary of modern Canon Law in gen

Nearly all available
eral, and of American statutory regulations in particular.
authorities have been made contributory to it, and the result is much like a
mosaic, in which the minute pieces of hard substances of various colors are
cemented together with a master s hand.
Indeed, this your mosaic will stand the test of ages.

Carefully inlaid and harmoniously

Yours very

respectfully,
F. J. PABISCH,

President of Mount

vii

St.

Mary s of the

West, Cincinnati.

PREFACE.
WE

now

venture to publish, though not without great

Elements of Ecclesiastical Law." These
diffidence, our
pages have been written especially with reference to the
"

Church

discipline of the

in this country.

Hence, through

out the work, the particular laws, customs, and practices of

the United States, and of countries similarly circumstanced
as

Ireland, England,

and Canada

are explained along

law of the Church. This we

with the general or common

have done in order to enable the reader to compare our
special discipline with that of the universal Church, and to

understand the one better by comparison with the other.

A slight perusal of the decrees of the Second Plenary Coun
of Baltimore will demonstrate that they are based on,
and, as far as the condition of this country would permit,
cil

modelled

after,

the

common

law, especially as set forth

by

the Council of Trent.

The volume

is

divided into three parts.

The

first treats

of the nature, division, etc., of ecclesiastical law;

sources whence

it

emanates

of the

and of the authorities from

Next, the nature and force of

national canon law, especially with reference to the United

which

States,

it

derives

its efficacy.

are discussed.

The second

part discourses, in a

general manner, on ecclesiastics as vested with power or

Hence, it shows what is meant
jurisdiction in the Church.

Preface.

cy ecclesiastical jurisdiction, how it is acquired, how lost

and resigned. It therefore treats chiefly of the election of
the Sovereign Pontiff, of the creation of cardinals, of the ap
pointment, dismissal, and transfer of bishops, vicars-general,

administrators of dioceses, and of pastors, particularly in

this country.
The third part treats, in particular, of the

powers and prerogatives of ecclesiastics as clothed with

authority in the Church. Hence, it points out the rights
and duties chiefly of the Roman Pontiff, of the Roman Con
gregations, of cardinals, legates, patriarchs, primates, metro
politans, bishops, vicars-general, administrators of dioceses,

pastors,
It

hence
the

and confessors.

has been our endeavor to adapt the work to, and

we frequently quote from, the "Syllabus" of 1864:

Apostolicae Sedis

"Const.

lished in

1869,

were limited

"

of

Pope Pius

by which the censures

the latest decisions of the

tions, especially those bearing

on

"

IX.,

pub

latae sententiae

"

Roman Congrega

this country
and, finally,
Besides quoting, wherever appropri
the definitions of the Council of the
Vatican, we have,
;

the Vatican Council.

ate,

in their
ter,

proper places,

in

connection with the subject-mat

added various schemes (schemata] and

proposals

lata) either

(postn-

discussed in or submitted to this Council.

former are drafts of decrees
prepared before the

The

assembling
of the Council by a special commission,
appointed by Pope
Pius IX. for that purpose, and
of the most distin
consisting

guished theologians from all parts of Christendom; the

latter are motions made in the Council
by bishops from dif
ferent countries.

We

quote these drafts and proposals, not

though they had the force of dogmas or laws, but to
show what laws would likely have been, or will be
(if the
Council reassembles), enacted
the Council of the
as

can.

Vati
by
For both the schemes and
proposals we are indebted

Preface.

xi

work of Rt. Rev. Dr. Martin Bishop

Documenta Concilii Vaticani."
The method observed in the present volume is that

of

to the excellent

Paderborn, entitled

"

of

Manuale Totius Juris Canonici,"

a work which was approved at Rome

Craisson in his celebrated

Pictavii, 1872, ed. sa

"

and honored by a congratulatory letter from the Holy

It seems scarcely necessary to state the motives
Father.
that induced us to

make use

of the English language in the

publication of a book like this.

Many,

if

not most, of the

recent works on canon law are written, not in Latin, but

in

the vernacular of the writer.

Besides,

it

was thought

numerous technical and, so to say, traditional phrases

works of this kind written in Latin might be

that

so peculiar to
difficult of

where

understanding, especially in a country like ours,

ecclesiastical law has not as yet come to be universal

ly studied.

To

cause the book to be received with greater con

fidence, and to make sure that it contained nothing contrary
to faith,

we

good morals, and the common opinion

cheerfully submitted

of canonists,

to our ecclesiastical superiors.

it

Upon the report of the theologian appointed

work the Imprimatur which adorns the
"

the

"

was graciously granted by

bishop of

New

his

to examine
front page

Eminence the Cardinal Arch

York.

The work, though

of itself complete, does not embrace

We shall, please God, supple

by two more volumes, which, togeth
er with the present one, will form a complete text-book of
canon law as adapted to the discipline of the Church in the
the entire ecclesiastical law.

ment

it,

at an early day,

United States.
Ap.

Sedis,"

the

An
"

appendix

Instructio

"

is

added, containing the

"

C.

of the Propaganda regarding

public schools in the United States recently sent to our

bishops, the profession of faith as amended by Pope Pius

Preface.

"

and the much-discussed decision of the Holy See as to

when persons excused from the precept of fast by
age or
IX.,

be permitted to eat meat toties quoties." We

humbly and unreservedly submit the work to the judgment
labor

may

"

of the Sovereign Pontiff.

S. B. S.

PREFACE TO THE SECOND EDITION.

WE call attention
tions

made

to the principal alterations

and addi

in the present edition.

For the sake of greater

clearness various Latin
passages, that seemed obscure as
they stood, have been translated into English.
Besides
other changes and
additions, extracts from the laws of the
United States concerning matters under discussion have
been added.
Again, since the publication of the first
edition, the decrees of the Plenary or National
Synod of
the Bishops of Ireland, held in
Maynooth in 1875, have
been published.
This necessitated
several important
changes. Finally, a number of supplementary notes have
been added
regarding the mode of quoting from the
the
Vatican Council, appeals, sentences ex
Corpus juris,
informata conscientia,
to

etc., etc.

We

take this
opportunity

respectfully express our very sincere thanks for the kind

letters of approval received from a number
of prelates.
We also beg to acknowledge the very valuable assistance
so cordially extended to us
by several eminent theologians
in the
both
of
the first and second editions of
preparation
the present work.
Finally, we
the

gratefully appreciate

liberal

patronage bestowed upon the work.

JANUARY

r,

1878.

r>

PREFACE TO THE THIRD EDITION,

REVISED. AT ROME.

IN presenting this third edition to the Reverend Clergy

and to Seminaries it seems proper that we should say some
thing in relation to the examination to which the Elements

"

"

was submitted

in

Rome.

The

made upon

work
ascertain and

attacks

the

from various quarters, as well as a desire to

conform to the views entertained in Rome with regard to cer
Elements
tain questions, caused us to send a copy of the
to His Eminence Cardinal Simeoni, Prefect of the Propa
ganda, with the request that it be thoroughly examined.
His Eminence was graciously pleased to accede to our peti
tion, and accordingly appointed two Consultors, doctors in
canon law, to examine the Elements and report to him.
The Consultors, after examining the book for several months,
"

"

"

"

a lengthy report to the Cardinal-Prefect, who

kindly transmitted both reports to us with a recommenda
tion that the suggestions of the Consultors be taken into con

made each

That we have scrupulously

.recommendation will be seen

sideration in our next edition.

conformed to His Eminence

from the corrections made

in

numbers

6,

21-35, ^9, 190, 191,

196, 203, 337, 338, 455, 460, 482, 483, 503, 504, 505, 535, 53$

659,

and on page

433.

One
The

of the reports is written in Latin, the other in Italian.

former gives the result of the Consultor s examination
ziii

xiv

Preface.

of the

book
it

upon

itself;

the latter deals with the criticisms

in several articles of the Catholic Universe

Both documents, together with a

land, O.*

made

of Cleve

translation of

the Italian, follow on the succeeding pages.

While we do not pretend to construe these document?

our work by the Sacred Con

gregation of the Propaganda or its illustrious Cardinal-Pre
fect, no one will deny that the examination and report of the
into a positive approbation of

Roman

Consultors constitute a strong guarantee of the cor

rectness of our work and its conformity to sound ecclesias
tical

jurisprudence.

Other changes of considerable interest and no little im

portance have been made in the present edition, chiefly in
regard to the status of Missionary Rectors and parishes in
this country, especially as determined by the instruction of
the Propaganda dated July 28, 1878, establishing Commis
sions of Investigation with us, as will be seen by a reference
to numbers 256, 259, 260, 261, 266, 294, 395,407,412,417,
418, 419, 420, 443, 645, 648.
In conclusion, we beg to apologize for the delay in
Elements."
publication of the second volume of the
in
to
be
able
to
it
a
from
now.
complete
hope
year
"

the

We

S. B. S.
ST.

JOSEPH

CHURCH, PATERSON, N.

J.,

Feast of the Immaculate Conception, 1880.

* These articles were afterwards

published in pamphlet form under the
Points in Canon Law," by Rev. P. F. Quigley, D.D. Our reply is en
titled
Counter- Points in Canon Law."
"

title

"

PREFACE TO THE SIXTH EDITION.

SINCE the

lact (fifth)

edition of this

volume was pub

We

allude
lished, a very important event has taken place.
to the holding of the TJiird Plenary Council of Baltimore, in

This Council marks a new era

1884.

Church

in the

United States.

It is

in the history of the

owing

to the celebration

of this Council that, although the last edition of this volume

has been exhausted for some time past, we have delayed the

new

edition

till

Council, so that

after the publication of the

we might

be able to

embody

Third Plenary
in

it

the

new

decrees.

The Second Plenary Council of Baltimore expresses, in

a number of places, the desire to introduce as soon as possi
ble the general discipline of the Church also here.
This
desire has been, in a measure, fulfilled by the Third Plenary
Council of Baltimore. The legislation of this Council is

framed on the

lines

drawn by

the sacred canons.

The mis

sionary condition of the Church with us has, to a great ex

tent, passed away, except, perhaps, in the far West and

extreme South. Consequently the

laws which obtained formerly and
our missionary status have also, in
and given place to laws which, if

peculiar and exceptional

which were adapted to

a measure, passed away,

not altogether identical
with, are nevertheless similar to and approximative of the
laws that govern the entire Church. The first great and

decisive step in the direction of the general law has been

taken.

The second and perhaps

last

step will be

made

in

xvi

Preface.
All great, important, and radical
about gradually, not of a

the next Plenary Council.

are, as a rule,

changes
sudden.

brought

Under the wise legislation of the Third Plenary

and flourish
Council, the Church of this country will expand
more wonderfully than ever. Hence, when the next Na

tional Council meets,

it

will find

itself

enabled to perfect

and crown the work so well begun by

predecessor.
The decrees of the Third Plenary Council, especially those
its

relating to the election of bishops, to diocesan consultors,

the irremovability of rectors, the appointment of irremovable

rectors bv competitive examinations, diocesan examiners,

the admission into a diocese, the exeat, regulars, the man

agement

of seminaries, the

form

of trial in criminal

and

dis

and
ciplinary causes of ecclesiastics, derive a special weight
were
that
from
the
fact
proposed by the
they
significance
the Conferences held at

Holy See

itself, in

ber, 1883,

between the cardinals

Rome

of the S. C.

in

Novem

de P. F. and

framework of the
was drawn up.
Third
Council
of
the
Plenary
legislation
This framework formed the basis of the Council s delibera
tions, and was, with some modifications, adopted and filled up.
The present volume has been thoroughly revised in accord
ance with the new decrees of the Third Plenary Council of Bal

our prelates.

timore.

In these Conferences the

The main alterations rendered necessary by the new

new mode of electing bishops, to the

decrees refer to the

new irremovable

rectors, their

appointment by concursus, and

their dismissal for canonical cause

to the present status of

the other rectors, who are not irremovable, the admission
into a diocese, and rights and duties of deputies for the
management of seminaries. All these questions are accu
rately

explained.

To

facilitate

references,

the

principal

places where these questions are treated are marked with

an index-hand.

We

have also added,

at the

end

of the book,

-new treatise, of great practical importance,

an

entirely

on the neiv

dioce-

xvii

Preface.

san consultors as established by the Third Plenary Council of

Baltimore.

be seen from the front page that this work was

published with the imprimatur of the late Cardinal

It will

first

the present (sixth) edition has been com

pletely revised and contains many very important changes
in accordance with the new legislation of the Third Plenary

As

McCloskey.

Council of Baltimore,

we have submitted

it

to

His Grace the

present Archbishop of New York, in whose archdiocese it

published.
Upon the report made by the Very Rev. Dr.

is

President of St.

Joseph s Provincial Seminary,

Troy, N. Y., -the censor appointed for this work, the im
primatur was given by the Most Rev. Archbishop.
We also feel greatly honored by the Imprimatur of His
Grace the Most Rev. Archbishop of Cincinnati, and we
gratefully acknowledge the cordial benevolence and gracious
kindness with which it was granted.
Gabriels,

In a few

months we expect to publish the new edition

the second volume of this work.

vised, in accordance with the

It will

new form

1884.

Besides,

we

down

in

Cum Magnopere

of

of trial laid

the last Instruction of the S. C. de P. F.

of

be completely re

intend to issue, simultaneously with the

second volume, a special and separate treatise on this new

form of trial. The third and last volume of these Elements"
"

will

be given to the public a short time afterwards.

PATERSON, N.

J.,

Feb. 20, 1887.

PREFACE TO THE SEVENTH EDITION.

unusual favor with which this work has been re

ceived both here and abroad has stimulated us to make it

THE

more worthy of this patronage. In the present edition

we have made additions and alterations which will make the
volume even more accurate and reliable than the former
A number of printer s mistakes, which were over
editions.

still

looked

previous editions, have been corrected in this

Among other important matters, we have added

in the

edition.

an interesting outline of the manner in which ourconsultors

and irremovable rectors proceed in electing bishops, as set
forth in the Third Plenary Council of Baltimore, and we show

wherein our procedure agrees with or differs from that

laid down by the general law of the Church.

May

12, 1889.

PREFACE TO THE EIGHTH EDITION.

IN this new edition we have entirely rewritten the article
on the publication of
bodying in our new

approved canonists.

ecclesiastical laws, especially Papal,

article the

teaching of the

The chapter on

em

most recent

ecclesiastical customs

has been in great part remodelled and improved. We have

made considerable changes in the chapter treating of
the division of parishes, and of missionary quasi-parishes
with us, in Ireland,, England. Scotland, and other countries

also

xix

Preface.

The article on Papal Consistories

similarly circumstanced.
has also been completely rewritten, and we have added im
portant explanations on the manner in which the Sovereign
Pontiffs expedite the business of the Catholic world. These

new

we

hope, will render the present edition even

more useful than the former ones.
features,

PATERSON, March

19,

1891.

PREFACE TO THE NINTH EDITION.

SINCE the

last edition of this

work was published,

a most

important event has taken place in this country. We allude

to the establishment of the Apostolic Delegation, in our midst,
by our present great Pontiff, Leo XIII. Hence we have
thought it opportune to set forth, in this new edition, on
sq., at some length, and with as much accuracy as
the
origin and history of Apostolic Delegations ; their
possible,
various kinds ; their powers and prerogatives, whether by vir

page 297

tue of their general or special commissions, especially at the

present day; their support or maintenance ; the recall, resigna
the Apostolic Delegates, Auditors, and Secre
the office of the auditor and of the secretary of the

tion, etc., of

taries

Apostolic Delegation.
We have also added, on page 231, a very important
recent decision of the S. C. de Prop. Fide, in regard to eccle
pecuniary claims against other ecclesias
tics, for the purpose of bringing suit in the secular court for
the recovery of the claim.

siastics assigning to laics

Besides, on page 284,

we have more

accurately defined

the powers of the College of Cardinals during the vacancy of the

chair.

xx

Preface.

Again, on page 288, we have completely rewritten the

on the Roman tribunals, particularly the Apostolic

article

Penitentiary, Datary, Chancery,

we have added

and
the

Secretariate

of Briefs.

Appendix the Brief

of

Pope Leo XIII. establishing the Apostolic Delegation

in

Finally,

in

this country.

These changes and corrections, we trust, will make

edition even more interesting than the former ones.

this

new

S. B.

PATERSON,

May

2,

1893.

SMITH.

LETTER OF His EMINENCE CARDINAL SIMEONI, PREFECT OF THE

S. C. -DE PROP. FIDK, ROME, ENCLOSING THE REPORTS OF THE
ROMAN CONSULTORS WHICH FOLLOW.

N.

RENDE DOMINE.

i.

Hisce adnexum ad Te transmitto folium nonnullarum animadversionum, quas

in

Librum

Law."

Bonum

rationem
Intense

Romae

viri juris ecclesiastic!

Te editum

cui titulus

"

periti

meo rogatu

Elements

esset et satis ut videtur

fecerunt

of Ecclesiastical

opportunum, ut de

iis

nova ejusdem operis editione habeas.

precor Deum ut Tibi bona quaeque largiatur.
in

ex aedibus

S.

Cofignis de Propda Fide, die 21 Aprilis,

1879.

D.

T..

Addictus,

JOANNES CARD. SIMEONI,

REV.

S. B.

Praefectus.

SMITH, D.D.
J.

XXI

B.

AGNOZZI,

Secret.

REPORT AND ANIMADVERSIONS

Of

Roman

two

the

His Eminence Cardinal

examine the "Elements."

Consultors appointed by

Simeoni, Prefect of the

Prop-iv<*nda,

to

I.

ANIMADVERSIONES
IN

LIBRUM

CV1,

TITULUS

"ELEMENTS

OF ECCLESIASTICAL

LAW,"

BY REV.

DR. SMITH.

memo

De
plane insigni cl. Auctoris tam rriulta legi possunt testimonia in
fronte operis, ut siquid illis addere aut demere vellem, temeritatis notai- non
effugerem.
alia multn,

Quod
sufficit

spiritum ejusdem Auctoris cognoscere cup mus. praeter

inspicere ea quae passim disputat de auctoritate Romani
:

si

Pontificis turn in genere, turn nominatim in materia concordatorum (n. 105, p ig.
Si sq.) ubi eidem Romano Pontifici veram. propriam et effectivam deroganc

po estaiem

asserit,

quam quidem

recentiores immerito

ei

abjudicant.

Hue

etiam pertinent quae idem auctor libere praedicat dc Dominio Temporal; v n.

Occurruni tamen nonnulli loquendi modi, qui non omni
484, p;ig. 230), etc.
bus aeque placere possunt
quos proinde (ut Superiorum desiderio satisfaciam) infra excribarn, adjectis cum opus fuerit, brevissimis animadver:

sionibus.

Hierarchia ecclesiastica nitione potestatis clericis colhierarchiam Magisterii, hierarchiam jitrisdictionis et hierari, potestatem
siquidem ecciesiarticn potestas complectitur
"

I.

(N 189

p. 82.)

latae, dividitur in

chiam

otdinis ;

3, obeundi sacras !unctiones, idest exercencli

hierarchia magisterii vtrtuafiter (sic) continetut
vero
ordinis
Quia
potestatem
in hierarchia jurisdictionis, canonistae plerique omnes unice distinguunl

docendi

2, gubernandi

hierarchiam ordinis

et

jurisdictionis."

Ex hac parte quidam scriptores peccant excessu, dum affir(N. 191, p. 84.)
inant potestatem jurisdictionis essentiality- differre a potestate ordinis quidam
autem defectu, asserentes ejusmodi potestates ne accidentaliter quidem inter
;

se distingui aut separari

posse."

Accurata rei notio haec esse videtur hieraichiam ecclesiae essentialiter

unam esse hierarchiam vero aut potestatem ordinis et jurisdictionis inter se
differre tantum in eo, quod sint formae aut modi (sic) unius ejusdemque
"

Dum itaque binae potestates essentialiter disjunctae, separatae

aut distinctae non sunt, nihilominus separabiles sunt, adeoque saltern, acci
dentaliter ab invicem distinguuntur."
Distinctio ordinis et jurisdictionis a scholasticis haec as(N.
87.)
hierarchiae.

"

176, p.

signatur,
tia,

quod potestas ordinis

potestas

jurisdictionis

respicit

corpus

corpus Christi reale

mysticum
XXIII

i.

e.,

fideles.

in

SS. Eucharis-

Quae

distinctio

Consultors Report.

XXIV
licet

correct
quoad substantiam legitima (though

non debet, ac
"Nam

substantia
gisterii,

radicalem

si

quemadmodum
;

in SS. Trinitate

adsunt

tres

minium urgeu

innueret."

personae et una tantum

dantur rami seu species hierarchiarum, idest potestas maet nihilominus nonnisi
ordinis et
jurisdictionis

ita tres

potestas
seu hierarchia.

potestas

un* dztur

in the main),

utriusque potestatis

differential!!

centra/is fotestas (sic)

accidentaliter

quidem,

non

(sic)

radicaliter

hujusmodi potestates
aut fundamentaliter ab invicem
272, ubi triplicem hanc distincIgitur

Cf. etiam, si placet n. 536, p.

distinguuntur."

tionem ad episcopalem potestatem translatam videas.

In his omnibus (quae a recentiori quodam scriptore eoque laico desumpta
usu atque auctoritate canonistasunt) Auctor non obscure recedtt a communi

non parum implicat

Quaeres, praeter alia incommoda,
Petro
de
catholicam
demonstrationem
jurisdictionis
enervat
primatu
atque
Cf. Tarcollate, ut videre est apud eumdem D. Smith, n 460, pag. 204 seq.

rum

et scholasticorum.

quini, Instit.

i.,

4, in

nota.

Attamen haec eadem

cautiorem loquendi

possunt ad communem doctrinam,

adhibemus, qualem habet prae caeteris Valensi

facile reduci

modum

Emmet, et
De Fide, disput. i., qu. i, punct. 7,
25, pag. 234 ibi
Ecclesiae ordo maxime in differentia atque varietate vitae, statuum et officioEoque refert Varum seu administrationum quae in ilia continentur,"
lentia Dionysium Areopagitum, qui actus hierarchiae tripartite dividit in
:

tia,

Docet namque ad Ecclesiasticum

de Ecclesiastica Hierarchia, c. 5 et 6.
Ministerium tria pertinere, nempe purgare, illuminare zlperficere. Et quae se30, ubi idem Valentia primaquuntur plane opportunissima. Cf. eod. loc.
tum Petri probat ex Jo. xxi.*

lib.

Ecclesia infligere potest saltern leves corporales

pag. 89.)
non tamen poepunitiones, ut reclusio in monasterium, incarceratio et similes,
"

II.

(N. 202,

nam mortis."
Quod ultlmutn asserendum non
qua Tarquini,

n. 47, p. 48,

i.,

i)

ad

esset, sine limitatione aut declaratione

am

de

.f

In re mere temporal! et civili dubitari nequit quin

ab ecclesiastico tribunali ad civile licite appelletur" (sic).
Assertio redditur valde difficilis, nisi forte addatur hypothesis, quam suboscure innuit Phillips in loco heic citato ab Auctore nempe quod judex
ecclesiasticus ex quadam constitutione locali habeat etiam tribunal quoddam
III. (N. 455,

"

pag. 199.)

mere

civile.:]:

Meminisse debemus depositiones principum fuisse

IV. (N. 483, p. 229.)
vero infallibiles definitiones, quas Catholicus tannon
artus
Pontificis,
quidem
"

"

definitiones de fide accsptare debet,

Quasi vero ab auctoritate Pontificis nonnisi definitiones fidei, Catholicus

quam

tcceptare teneatur.

V. Quod vero ibidem additur

num

esse

desiisse,"

* See corrections
$ See correction

explicari

under

under

"

mundum, Catholicum quin

debet

n. 189, 191, 196.

n. 455.

ex

iis

quae Auctor

etiam christia-

praemiserat

t See corrections under

See correction under

n. 203, 204.,

n. 483.

(in

xxv

Consultors Report.
7>aeced.

n. 482,

227).

quae tamen

praedicuntur, minus vera sunt/

et christianus,
et

licet a

Nam

etsi

quibusdam rrcentioribus

mundus non

sit

fidentius

amplius catholicus

secundum regimen sociale laicum, attamen formaliter catholicus

secundum regimen sociale ecclesiasticum, nihilque prohibet

christianus est

quominus Papa,
butive,

ut antea, benedicere possit,

sed etiam Urbi et Orbi collective.

miranda

est in

homine qui

nedum

Ceterum

nostris hisce temporibus

vam principum in Conclavi (n. 337, p. 141).*

VI (N. 32, pag. 22
Sententia tenens quasdam

singulis fidelibus distri

assertio eo vel mngis

ilia

tam

serio recolit exclusi-

"

leges Pontificias ad disci-

plinam spectantes, de facto non obligare antequam acceptentur, (sic) modo hoc
tribuatur liberae voluntati Pomificis, licita est, et sustinetur a multis doctoribus Catholicis."
I,
Propositio desumpta est ex Bouix, de Principiis, P. ii.,sect. 2, cap. 5,
Sed revera auctores qui pro ea allegantur, vel ad rem non faciunt,
p. 219.
vel etiam affumant contrarium, ut egregie ostendit P. Sanguineti.
Et certe
jautius et concinnius loquendum esset, cujus rei specimen proferri potest
ex Zallin. tit. de Constit.,
Dico igitur potest, si lex pontificia
170.
generalis Romae promulgata in provinciis non proinulgelur, subditus ab ejusdem observatione regulariter excusari, ex praesumpta voluntate Summi Pontificis non urgentis observaiionem in provinciis.
Haec praesumptio fundatur in
jure ( 125), et quia episcopi non pro meris executoribus pontificiarum legum,
sed pro veris pastoribus, debita potestate praeditis habendi sunt, a qu bus
Deus de commissis a Se ovibus rationem exiget. Et 124: Si istiusmodi leges
"

(quae ad disciplinam spectant) in diocesi non promulgentur, praesumi potesi

Fontificem nolle obligare diocesanos, vel ipsum potius Ordinanum de dilficultate
leges hoc loco promulgandae aut observandae cum Secle Apostolica egisse
aut agere, ut propterea ejus obligatio interea suspensa

maneat."

Et juxta ejusmodi observationem corrigenda

:ent turn ea quae idem Dr.
Smith subjicit in cit. n. 32 et seq., turn ea quae praemiserat n. 26 (pag. 19) mat

gis universaliter

quam Bouix.f

Jus canonicum publicum describitur quod sit

Legum
systema quibus Ecclesiae Constitutio definitur."
Observo Emum Tarquini a quo desumpta est haec definitio (cit. Instil. \.,
n. 3) non dividere jus canonicum in publicum et
privatum, sed jus ecclesiastiVII. (N.

in

<um

"

4, p. 10.)

publicum

(ut supra) et

privatum seu canonicum proprie dictum (Tar

quini, n. 4, p. 3)4

II.

EMINENZA RMA.
Ho

esaminato secondo

venerati ordini di Vostra Eminenza il capo de

judegli Element! di Dritto Ecclesiastico del Rudo Dr.
Nuova
York
Smith, opera publicata
coll approvazione del Vescovo di
Newark, a cui soggetto 1 Autore, e del Card, Arcivescovo di Nuova York ed.

ribus

et officio

li

parochown

in

* See corrections

under

n. 482, 483,

and

337.

See correction under

See corrections under

n. 4.

n. 27-28.

XX\

Consultors Report.

ho esaminato secondo

1
istesso incarico avuto la crltica che di que .
capo e
stata fatta in sei ietiere publicate in un giornale, alcune colla firma del Rndo
Dr Ouiglev, altre coile iniziale T. M. Ed avvegnache siano da rilevare
parecchie inesattezze c purqualche erronea sentenza (e certo non
facile, scrivendo
libri di tal genere, schivar sempre
debbo
errore)
dichiarare
ogni
secondo il
pur

mio debole parere che quest opera

del Rndo Dr Smith e di gran merito e

con ispirito eccellente e veramcnie romano. Per il che merital Autore
ogni encomio, senHo egli certo uno de primi che io mi sappia che abbia con
gran lena e diligcnza intrapreso a scrivere un opera di dritto canonico nelle
parti dell America del Nord, essendo assai difficile di applicare. csiendere u
restringere principi general! per quei luoghi, come per tuttei altre Mission!
che sono ancor fuori per molt! capi del dritto comune.
Se ho qualche dispiacere di quest opera, si e che sia scritta ri
lingua inglese, e che un opera del
tutto ecclesiastica e massimainente indirizzata
agli ecclesiastic!, non sia
scritta piu tosto nella lingua della chiesa.
Or -ngo senza piu a discutere il
merito della critica e censura fatta al libro dell autore. Or
questa censura e
critica e intera a dimostrare chel Auiore
perduecapi troppoo mancoattribuisce all autorita de Parrochi in America. Si not! che la Parrochi
nte
non sono, ma Rettoii di chiese e di Mission!. L Autore li chiamapropnamPastor, atte
nendosi all uso di molii, ma un tal nome sendo comune a
protestanti e comunemente attribuito a loro pseudo ministii del culto, non dovrebbe certo aver
luogo nel linguaggio preciso d un canonista cattolica.
Ma la e questa questione
scritta

v<

di nomi
venamio alle cose.
La prima critica che si fa all A. (Lette-a
prima firmata T. M.) si e ch
egli ntenga non esser confermati dalla S. Sede gli atti del secondo Con
cilio plenano di Baltimora.
Tutto cio mi pare che abbia tutte le
ragioni
Autore, e nessun fondamento la critica.
Imperoche Vostra Eminenza
sa bemssimo che la S. Sede non e solita
generalmente confermare verun
;

concilio nazionale n provinciale, ma sohanto riconoscere

gli atti, e prescnvere, se e d uopo, certe correzioni.
Nondimeno in quei iuoghi o nelle
missioiii, che come ho detto, son fuori del dritto comune, sendovi
bisogno d un
dritto qualunque, 1 a la S. Sede confermati
parecchie volti, e cosi confenno
i
quattro provincial! d Inghilterra, il primo plenario d Irlanda, e il
primo ple
nano di Baltimora. Ma il secondo plenario di
Baltimoia, come gia il secon
do panmente plenario d Irlanda non venne confermato
dalla S Sede ma
latte le opportune correzioni da
questa S. Congregazione, fu semplicemente
nconosciuto e ordinato che si publicasse
Pertanto si ha il decreto, allora
emanate da questa S. Congregazione di
Propaganda, e sottoscritto da Vostra
Eminenza Rma, allora Segretario D^retum dico,
recognitions, m n gia app oII cntico
batioms, ect.
igno.a questa distinzione, o confonde insieme due
cosi attato distinte, che sono la
ricognizione e I approvazione
SeC OI da censura che si fa a l libro dell Autore
?
(Lettera scconda firmata
T1. M.)
T\ colpisce
una sua dottrina o sentenza cosi formulata La euirisdizione
legata puo nvocarsi senxauna causa. Ma i Pas-ori son
delegati e nonver.mente Fanochi e dunque ponno rivocarsi senza una
causa. Ouesta conclusione non ammette il
e
la reputa uffensiva a! dritti di
censore,
airochi
quali
oRettondelle chiese. Ma anche qui il critico o censore
confonde una cosa
veramente ignora una distinzione ch e necessario fare. L Autore
A
1
par a di validita d una tal rivoca, ed ha
ragione.
Imperocche se i quasi Parn n S
parrochi Propriamente, e. dunque son sempre amoVibili dal
VPro
covo, anche senza una gius;a ragione.
In tal caso agira il Vescovo inma non sara senza effetto il suo atto di revoca.
E che il nostro
justamente,
A ruenga certo illecito una tal revoca, abbenche
non invalida, si par chiaro
a
r
repaff I79)11 decreto Monetnus del secondo Concilio
-oH, Baltimora, ove viene anche
ordinato che i quasi parrochi si dcbvocareprevioprocesso. e che il rivocato abbiafacolta di ricorrere al
o U peri ore
La lerza critica (Lettera torz2 firmata Rndo Dr.
Quigley) ai contrario della
prccedentc va a fcri.e il nost.o Autore
pcrmanco anribuire all autor.ta dtf
;

ru

^o-

Consultors* Report.

xxvii

Vescovi sulla stessa questione della revoca de quasi Parrochi. L Autore a pag.
381 propone la questione, Come ponno esser rimossi Pastori ratione criminis?
E risponde che non ponno esser rimossi senza un giudizio regulare del Vescovo e di due preti assunti a questo officio. In conlerma di tale risoluzione
II critico rileva
cita il Decreto 77 del secondo Concilio plenario di Baltiuvora.
contra il nostro A. ch ei deroghi all autorita del Vescovo, supponendo che
non possa parimente il Vescovo sospendere il parroco ex informata conscientia.
Ma questa deduzione e affatto insussistente. Si legga a mo d esempio il
citato Decreto N. 77 del Concilio di Baltimora, e si ve chiaro che qui non
Potrebbe percio
si parla affatto di tale sospensione ex infonnata conscientia.
dedurr il nostro critico che la si excluda parimente in questo Decreto ? Che
il detto Concilio abbia
tigettato una regola di disciplina cosi rilevante, sanNon gia. La regola dunque sara ancor
cita dal sacro Concilio di Trento?
questa che in caso di sospensione ex informata conscientia, se il sospeso si
grava, possa ricorrere alia S. Sede, ma non appellare.
La quarta critica dell istesso e a cio che deduce 1 Autore a pag. no e nr.
domanda se colla sola autorita del Vescovo le parrocchie di cui sono i pastori
amovibili ad nutum ponno convertirsi in parrocchie di cui non sono amovibili
titolari, e vice versa.
Risponde che de jure communi cio si puo far solo
coll autorita della S. Sede richiamandosi al decreto del Concilio di Balti
si
mora. Qui
noti che Autore non esclude che il Vescovo possa formare nuova
II critico confonde
parrochia, anzi a pag. 109 lo ammette espressamente.
una cosa coll altra.
La quinta critica dell istesso risguarda il valore de decreti
Indice,
che 1 Autore discute se valga in quelle parti in cio la critica e fondata e 1 A.
si scosta alquanto dall insegnamento romano.
Dapo aver scritto le premesse osservazioni, rilevo da una rivista di Ame
rica, che gia s a fatta, e s a ricevuta con gran plauso una nuova edizione di
quest opera. Si potrebbe dunque suggerire che per un altra edizione che
forse non si fara aspettar molto, si corregga
insegnamento dell A. rispetto
i

dell"

Indice.*
Ma vi e un errore ancor piu notabile da corregere. E dichiara p. 391, che
il
Decreto Tametsi del Concilio di Trento sull impedimento di Clandestinita,
non obliga i protestanti, ne la parte Cattolica che contrae con un protestante.
Questo e errore certamente notabile e da emendare in una nuova edizione.f
n

decreti dell

TRANSLATION OF THE CONSULTOR

REPORT WRITTEN

IN

ITALIAN.
MOST REV. EMINENCE In accordance with the venerated commands of
Your Eminence, I have examined the chapter de juribus et officio parochorum
of the
Elements of Ecclesiastical Law," by the Rev. Dr. Smith, a work pub
lished in New York, with the approbation of the Bishop of Newark, to whom
:

"

In ac
the author is subject, and of the Cardinal-Archbishop of New York.
cordance with the same commands I have, moreover, examined the criticism
which haa been made on this chapter in six letters or communications pub
lished in a certain newspaper, some under the signature of the Rev. Dr.

Quigley, others under the initials T. M. Though the book may contain some
inaccuracies and even erroneous opinions (and certainly it is not an easy mat
ter, in writing books of this kind, to entirely avoid errors), yet I must declare
that, in

merit,

my humble

and

opinion, the work of the Rev. Dr. Smith

-written in

* See correction

an

under

excellent

and truly Roman

t See correction

n. 503 sq.

The

italics are ours.

spirit.\

under

is

possessed oj greai
the author il

Hence

n. 391

and on page

433.

xxviii

Consultors Report.

worthy of all praise, being certainly, as far as I know, one of the first who has,
with no ordinary labor and assiduity, undertaken to write a work on Canon
Law for the United States, as it is a very difficult matter to apply, extend, and
restrict the general principles of ecclesiastical law as well
United States] as in all missionary countries, which in

those parts [the

respects are not
have any fault to find with this
in

many

under the general law of the Church. If I

work, it is that it is written in English, and that a work altogether ecclesias
tical in character, and intended
chiefly lor ecclesiastics, should not be written
rather in the language of the Church.
I

.sure

now proceed without delay to discuss

made upon the author s book. This

the merits of the criticism or cencriticism or censure is wholly di

rected to

showing

too

to the authority of parish priests in

little

that the author, in

two ways, attributes either too much or

America.
Observe that in the

United States there are no parish priests proper, but

only rectors of churches
and of missions. The author, in accordance with the
usage of many, calls
them pastors. But this name, being common
among Protestants, and gene
rally applied to their
place in the concise

tion of

The

names

pseudo-ministers of worship, should certainly not find a

language of a Catholic canonist.
However, this is a ques

let

us

come

to things.

is made against the author

(first letter, signed
T. M.) is that he holds that the acts of the Second
Plenary Council of Balti
more are not confirmed by the Holy See.
Now, it seems to me that in this
question the author is perfectly correct, and that the criticism has no founda
tion whatever.
For Your Eminence is fully aware that the
Holy See is not
accustomed as a rule to confirm any council, national or
provincial, but that
it
simply revises or recognizes the acts, and prescribes, if need be, certain cor
rections.
Nevertheless in those countries or in missions
where, as I have
said, the common law of the Church does not
obtain, there being need of some
law, the Holy See has sometimes confirmed those councils.
Thus it con
firmed the four Provincial Councils of
England, the First Plenary Council of
Ireland [Synod of
Thurles], and the First Plenary Council of Baltimore
But
the Second
Plenary Council of Baltimore, as also the Second
Plenary Coun:il of Ireland
[Synod of Maynooth], was not confirmed by the Holy See, but
simply rev.sed or recognized, and ordered to be
published after the opportune
jrrections had been made
by this Sacred Congregation. Hence also the de
cree that was issued at the time
of the
by this Sacred
first

criticism

which

Congregation

ganda and signed by Your Most Rev. Eminence, then

recognitions, not approbations, etc.

The

critic is

Propa

secretary, was a decretum

ignorant of this distinction,

and confounds two

things altogether distinct namely, revision
tion) and approbation.
The second criticism made upon the author s
book

(or recogni

(second letter, signed

against a doctrine or opinion of his thus formulated
Delegated juriscan be revoked without a cause.
Now, pastors [in the United States]
are delegates and not
parish priests in the proper sense.
Hence they can be
recalled without cause.
The critic does not admit this
conclusion, and consit
injurious to the rights of the parish priests or rectors of churches in
T.

A. .) is

Consultors Report.

xxix

those parts.* But herein also the critic or censor confounds one thin?? wi h
another, or rather is ignorant of a distinction which it is necessary to make.
The author speaks of the validity of such a removal, and he is right. For ii

those parish piiests are not parish priests proper they can always be removed
by the bishop, even without a just cause. In such a case the bishop would
act unjustly, but his action in removing the pastor would not be without effect.

That our author holds that such a removal would certainly be illicit, though not
invalid, is clearfrom what is said in the decree Alonctnus [No. 125] of the Second
Plenary Council of Baltimore, as cited by the author (p. 179). which council
[as quoted by the author], moreover, ordains that the quasi-parish-priests [of
the United States] should not be removed, save upon previous trial, and that
the person removed has the right to have recourse to the superior.
The third criticism (third letter, signed Rev. Dr. Ouigley), contrary to the

preceding one, is made against our author for attributing too little to the au
thority of bishops on the same question of the removal of quasi-parish-priests.
The author, on page 381, proposes the question How can pastors be removed
He answers that they cannot be removed without a regular
ratione aimini?
trial by the bishop and two priests appointed to that effect. In proof of this an
swer he quotes the Decree 77 of the Second Plenary Council of Baltimore.
Here the critic objects against our author that he derogates from the authority
of t^e bishop, as ii would follow from his teaching that in like manner the
:

bishop cannot even suspend parish priests ex injormata conscientia.

But this inference [of the critic] is destitute of any foundation whatever.
Let any one read, for example, the Decree 77 above cited of the Second Plenary
Council of Baltimore, and he will clearly perceive that it makes no mention

whatever of suspensions ex informata conscientia. Could our critic, on that

account, infer that this decree likewise repudiates such suspensions? that
the above council has rejected so important a disciplinary measure, sanctioned
by the Council of Trent? By no means. The rule, therefore, is, that in case
of suspension ex informata conscientia, where the person suspended feels him

he can have recourse to the Holy See, but not appeal.

same source is against the teaching of the
There the latter asks whether, by the sole au
author on pages no and in.
thority of the bishop, parishes whose pastors are removable ad nutum can be

self aggrieved,

The

fourth criticism from the

changed into parishes whose titulars are not removable, and vice versa. He
answers that, dejure communi, this can be done only by authority of the Holy
See, and, in proof of this, points to the Second Plenary Council of Baltimore.
Observe that the author does not deny that the bishop can form new parishes
The critic confounds
on the contrary, on page 109 he expressly admits this.
one thing with another.
;

That the Consultor

"

Elements,"

rectors,

419, etc.

exposition of our doctrine is correct will be clearly seen from our

therefore, the critic attacked our views on the removal of our

When,

by placing upon the word

was never dreamt of by

Points,"

to

No.

"

a construction which, as we show in our

Counterhe evidently gave the Consultor just cause for attributing
s position was perhaps somewhat misunderstood by the Con-

invalid

us,

him the above views. If the critic

he has nobody to blame but himself.

suitor,

"

xxx

Consultors* Report.

The fi th criticism of the same critic has reference to the force of the de
crees of the Index, whose binding force in the United States is
questioned by
the author.
On this head the criticism has a foundation, and the author deviaies

somewhat from

the

Roman

teaching.

After having written the foregoing observations I learn from an American

review that anew edition of this work has
already been published and re
ceived with great favor.
It might, therefore, be
suggested that in a future edi
tion, which perhaps will soon appear, the teaching of the author
concerning
the decrees of the Index be corrected.
But there is another and more serious error which should be conected.

Ho

[the author] teaches on page 391 that the decree Tametsi of the Council of
on the impediment of clandestinity, does not bind
Protestants, nor a

Trent,

Catholic contracting with a Protestant.*

This
in a new edition.

and should be corrected

is

certainly a notable error,

* We meant that
this was the case where the Declaration of Benedict XIV.
obtained. But we
evidently did not express this clearly, and thus gave the Consultor just caus for
attributing to us
the above erroneous opinion.

BOOK

I.

ON ECCLESIASTICAL PERSONS.
PART

I.

ON THE PRINCIPLES OF CANON LAW.

CHAPTER

I.

ON THE NAME, DEFINITION, AND DIVISION OF CANON LAW.

ARTICLE

I.

Various Meanings of the term, Jus.

1. The word Jus in general signifies
I, that which is just
and equitable or in harmony with the natural, divine, and
human law
2, the right of doing or omitting something, as
also of obliging another person to give, perform, or omit some
:

thing;

3,

the science of law, or jurisprudence

4, finally, it

means the laws themselves, or the body of laws thus we say,

Corpus juris canonici" i.e., the body of ecclesiastical laws ;*
Corpus juris civilis i.e., the body of the civil or Roman
;

"

law.

In this. latter sense chiefly

we

shall use the

word Jus

in this book.

ART.

II.

Division of Law (Juris in varias suas species, distributio).

2.

Law

positive.
1

*
4
1

Bouix,

(jus) is divided,

The jus
De

Princip. Jur. Can., p.

Craisson, Man., n.

2.

Princip., p. 6.

5.

Paris, editio secunda.

Pictavii. 1872.

Cf. Salzano, Lezioni di Diritto

De

into natural (jus naturale) and

according to Bouix,* constat iis

i,

naturale,

Canonico, vol.

Bouix,
i.,

p. 10.

Napoli, 1850.

1.

c.

On

Name,

the

Definition^

and

ita necessario fluunt ex

egibus seu obligationibus quae
ut.
rion
Dei et creaturarum natura
possint non existere.
6
Positive law (jus fositivuni) is made up of laws enacted by

God or of men.
is subdivided into divine and human,
law
2. Positive
3
free will of God or
according as laws are made by the
the free will either of

of men.
4.

Human

3.

canon law,

law

of three

is

of nations (jus gentium)

ecclesiastical 01

the law of nations.

and

civil law,

kinds

is

First, the

that which obtains

among

law

all,

or

primary and secondary.

nearly all,
The law of nations, in the proper sense of the term (jus
instruction
gentium secundarium), is that code of public
nations.

It is

twofold

which defines the rights and prescribes the duties of nations

in

their intercourse with each other.

"

sense, the

In this

law of nations bears upon the rights of commerce, of am

and is now called international law.
bassadors, etc
law (jus civile), in the strict sense of the
civil
Secondly,
term, consists of positive laws, enacted by the civil authori
,"

ties for

the temporal welfare of the citizens of a common

In the United States, laws are enacted: I, by a

I2

wealth.

consisting of a Senate and House of Represen

the powers of Congress extend generally to all
M
of the
of a national nature 2, by the legislatures
13

Congress,
tatives

subjects
various States

3, by the city councils.

with us pertain to the common law,

law, and

lf>

others, finally, to the

Roman

Other laws
some to the

in force

statute

or civil law.

third
Thirdly, ecclesiastical law (jus canonicum) is the
now
treat.
of
law
we
shall
law
this
kind of human
;

De
"Cfr.

10

Reiff.,

Kent

Jus Can., Prooem.,

Comm.,
"

\.

c., n. 32.
1S

"

Bouix,

Princip., p. 6.

Kent,

1.

c.,

part

Kent,

vol.

Kenrick, Mor.

i.,

lect.

i.,

c., p.

i.,

p.

i,

part

ii.,

Bouix,

vol.

i.

1-191.

New

York,

Bouix,

c.,

1832.
p. 7.

lect. xi., p. 236.

tract. 6, n. 4.

15

p. 7.

Paris, 1864.

12

1.

loc. c., p. 7.

n. 31.

Konings, Mor.,

n. 177.

Cfr Rei

Division of Canon Law.

ART.

What

Canon law

is

III.

Canon

Law ?

16

jus ecclesiasticum, jus sa

crum, jus divinum, jus pontificium) is so named because it is
made up of rules or canons, which the Church proposes and
5.

(jus canonicum,

establishes in order to direct the faithful to eternal happi

Canon law, in the strict sense of the term, comprises
ness."

those laws only which emanate from an ecclesiastical au

19
and in
thority having supreme and universal jurisdiction,

denned

Complexio legum auctoritate Papae

firmatarum, quibus fideles ad finem Ecclesiae proprium diriWe say, auctoritate Papae firmatarum, but not
guntur.
because in canon law there
constitutaruin or approbatarum
are many laws which pertain to the jus divinum, both natu
20
ral
and positive; these laws were neither enacted nor,
this sense

it is

19

properly speaking, approved of by the Supreme Pontiff, but

21
Canon
merely promulgated by him in a special manner.
law, taken in a broad sense of the term, includes not only
laws made by the Supreme Pontiff, but also laws enacted by
legates, councils, whether national or provincial, etc. Hence

canon law,

in a

wide

sense,

is

denned

Complexio legum a

quocunque potestatem legislativam possidente in bonum fide22

Canon law, as a science, is termed ec
lium firmatarum.
"

clesiastical jurisprudence,"

nned

The

which, in a strict sense,

made by

science of ecclesiastical laws, as

is

de

the au

Ecclesiastical jurisprudence, in a wide

thority of the Pope.
not only of the Papal ecclesiastical
means
the
science
sense,
23

laws,

but of all ecclesiastical laws.

How
and
18

"

civil

from theology

jurisprudence we have elsewhere demonstrated.

Phillips, Lehrb., |

Bouix,
Bouix,

*4

ecclesiastical jurisprudence differs

De
1.

3, p. 3.

Regensburg, 1871.
"

Princip., p. 54.
.

p. 61.

Notes on the Second

21

14

Ib..l.c.

Ib., p. 62.

PI. C. Bait., n. 3.

Ib., p. 64, 65.

Crarsson, Man., n.
"Ib.,p.

65.

5.

io

Name,

Definition,

of Canon Law.

etc.,

ART. IV.
Division of Canon
6.

Canon law

1.

By reason of

constituted

is

divided

author, into divine, or that which

God, and into human, or that which

by

its

enacted by man."
2. By reason of the manner
into written and
3.

By

that,

in

which

is

it

is
is

promulgated,

unwritten."

reason of those

commune),

Law.

whom

namely, which

it

is

binds, into

common

(jus

per se obligatory on

all

the faithful; and into particular or special (jus particulare),

that, namely, which is binding on some of them" only.
7

28

thus defines both:

Into public and private. Craisson
Publicum exhibet constitutionem societatis ecclesiasticae
4.

"

Eccleipsius regimen, ordinem personarum ad invicem

9
Privatum versatur circa
sia, jura et officia earum,- etc.
in

"

obligationes singulorum, prout distinguuntur a gubernatiohe

ecclesiastica
v.g. circa sacramenta recipienda.
"

is

novum

novissimum.
old
law (jus antiquum)
the
to
some
canonists,
According
that which was enacted or existed prior to the Council of
5.

Into the jus antiqiuun,

"

et

the new (jus novum) is that which was made by

Trent
that Council finally, the modern, or jus novissimum, is that
which was published since the Council of Trent." Others
employ these terms somewhat differently.
"

For

fuller explanations of the

above divisions,

our Notes on the Second Plenary Council of

*
SB

*
M

Tarquini, Jus Eccl. Publ.

N. 9

Cfr.

Notes on the Second

"

Instil., p. 131.

Ib.

we

refer to

Baltimore."

Bouix,

1.

c,

Ib.

PI. C. of Bait, n. S, p. io

Schmalzgrueber, Jus Eccl.,

* Bouix. De Princip., p. 66.

torn,

i.,

a. 249, 250.

"

Craisson,

1.

c.. n.

io.

M
J.

p, 65.

CHAPTER

II.

ON THE SOURCES OF CANON LAW

DE FONTIBUS JURIS

CANONICI.

ART.

7.

takes

A
its

source or fountain

By

origin.

is

I.

which something
we mean, there

that from

sources of canon law

the legislative authority of the Church ecclesiastical

a
laws are said to spring from their proper source when they
fore,

are enacted or promulgated by those

the law-making power in the Church.

who
3

are vested with

In a broad sense,

however, canonists designate as sources of ecclesiastical

jurisprudence all instruments that contain the law itself.
4

8. There are eight sources of canon law, in the strict

sense of the term that is, as forming the common and riot

These sources are:

the particular law of the Church.

S. Scripture
tradition
2, divine
;

teachings of the Fathers;

reign Pontiffs 6, CEcumenical councils
gations of cardinals and 8, custom.
Apostles;

4,

made by

laws

3,

5,

decrees of sove

Roman Congre

7,

I,

the

9.

To

these,

some add

"

civil

laws,"

which,

however,

their force, so far as they are applicable to eccle

siastical matters, soiely from the authority of the Church.

derive
In

all

fact,
1

her judicature, the

in

Notes on the Sec.

Craisson, Man., n.

PI. C. Bait., n. 14.

n.

Soglia, Inst. Jur. Publ.,

Craisson,

1.

c.,

n. 16.

Cfr. Soglia, vol.

Tarqu.,

1.

c., lib. 2,

i.,

p. 71.

n. 23, p. 130.

ap. Notes, p.
Kenrick, Mor. Tract,

14, p. 22,
*

Church disdains not to

14.
iv.,

app.,

to.

I.

On

the Sources of

adopt, at times, the

7
to civil courts.

mode

Canon Law.

of proceedings

which

is

peculiar

10. All these sources

may ultimately be reduced to one
the authority of the sovereign Pontiff.
For S. Scripture
and divine tradition are not, properly
speaking, sources of
canon law, save when their prescriptions are
promulgated
by the Holy See. Again, the laws established
the

by
Apos
and the teachings of the Fathers could not become
binding on all the faithful or be accounted as common laws
of the Church, except by the consent and
authority of Peter
and his successors. In like manner, councils are not oecu
tles

menical unless confirmed by the

Pope.
gregations but exercise powers conferred

The Roman Con

upon them

by. the

Pope. Neither can custom obtain the force of universal

law save by at least the tacit sanction of the
Apostolic See."
Hence, all the above sources may appropriately be resolved
into one, namely, the
authority of the Popes.
9
ir. Reiffenstuel, however,
aptly observes

that God is
the primary or chief,
remote
and
source
mediate,
though
of canon law, publishing laws
the
Roman
Pontiffs.
through

The proximate and immediate source of ecclesiastical law

are the Apostles, the Sovereign Pontiffs, and Councils. 10
12. God himself, therefore, is the
primary source of
though He is so but mediately, exercising
through the Popes, who are the proximate
and immediate source of canon law.
We pass on to the several sources.
ecclesiastical law,
this authority

Soglia, Inst. Jur. Publ.,

*

Jus Can., Prooem

43, p. 82.

n. 52, torn,

i.,

Craisson,

edit. Paris, 1864.

1.

c.,
"

n. 19.

Ib., n. 53.

On

the Sources oj

ART.
[.

13.

Canon Law.

13

II.

Sacred Scripture as a source of Canon Law.

Of
The

S.

Scriptures are divided into those

Old and those of the

New

Testament.

of the

The Old Testament

precepts: moral, ceremonial, and

moral code of the Old Testament remains in

contains three sorts of

judicial.

The

New Dispensation the ceremonial and

laws
have
lapsed, and become null and void."
judicial
Yet arguments based upon the ceremonial and judicial

full

force in the

injunctions of the Old Testament are of no little weight in

ia
canon law. Thus, St. Leo the Great points to the dignity
of the priesthood of the old law in order to show the excel

lence of the priesthood of the new. The same is done by

13
The
in regard to the celibacy of the clergy.
St. Jerome
Testament
the
Old
of
and
influence
upon questions
bearing

of ecclesiastical jurisprudence are thus stated by Zallwein

haud inSi quae sunt quaestiones controversae .
:

epte, licet

mentaberis

non convincenter, ex Antiquo ad

Novum

argu-

Testamentum."

The New Testament

first and chief source of

and private. In fact, ques
those, for
tions pertaining to the public law of the Church
are
the
Church
instance, which refer to the foundation of
all clearly demonstrated from the New Testament
and, as
to questions relating to the private law of the Church, there
14.

is

the

ecclesiastical law, both public

scarcely one that cannot be confirmed by the Scriptures

of the New Testament."
is

11

"

Soglia, Inst. Jur. Publ.,

Contr. Jovin.,

lib.

i.,

n. 34.

"

16.
"

Serm., 8 Pass.,

Ap. Soglia,

1.

c.,

Dom,

16, p. 25.

cap.

viii.

Ib.,

I?.

On

14

the Sources of

ART.

Of

II.

Canon Law.

III.

Law

Divine Tradition as a Source of Canon

(De Diiina

Traditions).
15.

tradition

By

bis tradita.

It is

nowhere found

is

meant a doctrma non

named doctrina non

scripta, sed ver-

scripta, not

because

it

was not consigned

Traditions
to writing
its
first
author.
are divine and
by
human. The former are those which have God for their au
thor, and which the Apostles received either directly from
is

in writing,

but because

it

mouth of Christ or by suggestion of the Holy Ghost. IT

Human traditions are those which emanated from the Apos

the

or their successors.

tles

Human

18

traditions are

when they originated with the Apostles;

they come from the bishops.

apostolic

ecclesiastical; if

19

16. Divine traditions are binding on all the faithful, and

hence they constitute, though only in a broad sense, one of
the sources of canon law, in the strict sense of the term, or

as the

common and

universal law of the Church.

80

Human

traditions, on the other hand, regard but the discipline of

the Church, and are, as a general rule, applicable to particu
lar localities or countries
only.

21

ART. IV.
The

(It.

Law enacted by
(de

17.

tles

tJie

Apostles as a Source of Canon

Law

Jure ab Apostolis s andto).

The following enactments

are attributed to the

Apos

i.

The Apostolic Creed

Symbolum apostolorum.

22

2.

Abstinence from things sacrificed to idols, and from blood,

*nd from things strangled." 3. The substituting of Sun1

Ap.

"

Soglia, p. 30, 31.

18

Soglia,
*J

Ib.

1.

OT

c.

Bouix,

19

Cone. Trid., Sess.

Devoti. Inst. Can., Prolog

De

Princip., p. 108.

"

.,

iv.,

cap.

Decret de

iv.,

Acts. xv. 29.

48

S. Script.
*

Ib.,

49,

On

the Sources of

Canon Law.

15

day for the Sabbath of the Jews, and the hearing of Mass
24
4. The institution of the principal feasts
every Sunday.
and very probably also Christ
Easter,
Pentecost,
namely,
mas.

The

1"

of Lent, and, according to some, the

28
establishment of the chair of St. Peter at Rome.
5.

fast

To

the Apostles some writers moreover ascribe

canons which St. Clement, the disciple and suc
cessor of St. Peter, is said to have collected and grouped
1

8.

certain

in two works
one consisting of but one volume,
and entitled Canones Apostolorum the other being made
up of eight books, and named Constitutiones Apostolicae."
Writers greatly differ as to the authenticity or genuine

together

ness of the

Biner

"

"

Constitutiones

The
handed down from
a.

b.

Apostolicae."

thus concludes his remarks on the subject

eight books of Apostolical constitutions are not
the Apostles.

These constitutions, nevertheless, are very ancient

and contain many salutary things.

c.
Though originally free from error, they were subse
quently, in some parts, corrupted and interpolated by here
tics.

The same holds good

of the

Canones Apostolorum,

seems to be the more probable opinion."

is the significance and weight of the jus ab
19.
apostolis sancitum, as a source of canon law ?
Cardinal Soglia thus answers: The precepts or laws

at least this

What

promulgated by the Apostles as divinely inspired should

always remain in force. But the precepts or laws made by
them as rectors of churches can be changed by the Sove^
reign Pontiff.

31

M Craisson
Man.,

"

Bouix,

De

"

n. 22.

M
Bouix, De Princip., p.
M
App. Jur. Can., p. 2, c.

Craisson,
"

109.
4,

Princip., p. 120

ap. Craiss.
30

Ib.

1.

Craisson,

1.
1.

c., n.

22.

c., n.

23

(2).

c.
"

Inst. Jur. Publ.

p. 29,

*8

On

i6

Canon Law.

the Sources of

But how are we to know the difference between these

divine
two characteristics of the Apostles, or between the
and the Apostolic prescriptions?
This difference is conveyed at times in the express words
3
Thus, St. Paul says on the one
of the sacred writers/
on the other:
hand: Not I, but the Lord commandeth
;"

34

speak, not the Lord.

The context and subject-matter

may

also indicate

the

36

distinction.

ART. V.
source of Canon
Teaching of the Fathers as a
Senlentiis Patrum).

IV.

"Dicta

terialia

bentia.
3
*

30

this

"

3S

Soglia,
i

(pi

head we quote the words of Reiffenstuel:

sanctorum Fatrum sunt doctfinalia, sive magisnon vero undequaque authentica seu vim legis ha-

On

20.

Law

Cor.

1.

c., p.

vii. 12.

18.

29,

*5

Soglia,

1.

c.

Cor.

vii. 10.

Jus Can., Prooera., n. 77, torn.

CHAPTER

III.

DECREES OF SOVEREIGN PONTIFFS (DECRETA

TIFICUM) AS A SOURCE OF CANON LAW.

V.

ART.

Of the Nature
21.

Roman

of the

PON-

I.

of the Power of the

The decrees

SS.

Roman

Pontiffs.

Pontiffs constitute the

chief source of canon law; nay, more, the entire canon law,
in the strict sense of the term, is based upon their legisla

Hence

tive authority.

it is

that heretics have ever sought

to destroy, or at least to weaken, this legislative power.

The following are the chief errors on this head
:

22.

i.

Luther openly maintained that no legislative au

thority whatever

was vested

in the Pontiff.

Nicholas de Hontheim, suffragan of the Archbishop

of Treves, having in 1763 published a book under the as
sumed name of Feb ouius, conceded to the Pope but an
2.

to enact or rather

propose laws, namely,

council
could
be convened only with
an
oecumenical
when
Laws thus formed could bind only when ac
difficulty.

accidental

power

cepted by the consent of the entire Church.

3.
Many inconsiderate and incautious defenders of Gallicanism hold that the laws of the Sovereign Pontiffs are not
binding on the faithful unless they are received or accepted
1
by the bishops.
23. To proceed methodically, we shall show, I, that the
Roman Pontiff has legislative power over the entire Church
2, that the Pontifical laws bind both de jure and de facto,

at least

Bouix,

De

Princip., p.

Phillips.

Jus Can.,

vol.

Bouix,

(3).

1.

p.

167

Tf>7,

edit. 2d.

iii.,

136,

p 369,

edit. 1850.

Decrees of Sovereign Pontiffs as a

independently of their acceptation by any one, even bish

ops 3, how Pontifical laws are to be promulgated; 4,
;

what are the various kinds and formalities of Papal laws.

Each of these questions will be separately treated in the
following articles.

ART.

II.

The Sovereign Pontiff Itas received directly from our Lord him

Power over

self Legislative

tlie

entire Church.

We

premise: This proposition maintains, I, that

legislative power over the entire Church is vested in the
Roman Pontiff; this is de fide / 2, that the Pope has re
24.

ceived this power immediately or directly from Christ him

self,

which

is,

We now

at present, also de fide?

As we

prove our thesis

shall see farther

on

proceed to

(infra, n.

459-

462), the Roman Pontiffs have received directly from our

Lord the primacy not only of honor but also of jurisdiction
over the whole Church. But this primacy of jurisdiction

and directly contains the full and supreme legis

lative authority over the entire Church."
Therefore, etc.
j
at
In
we
or
the
shall,
25.
present, con
major
proof
tent ourselves with giving the definition of the (Ecu

essentially

menical

Council

of

the

Vatican

"

(a)

Si

quis

igitur

honoris tandixerit, beatum Petrum apostolum

non
autem
verae
turn,
propriaeque jurisdictionis prim aturn ab eodem Domino Jesu Christo directe et immediate
Si quis ergo dixerit
accepisse anathema
(#)
Romanum Pontificem non esse beati Petri in eodem primatu successorem anath.
quis ergo dixerit
(c)
.

"

sit."

Romanum

"Si

sit."

Pontificem habere

tantummodo

officium inspec-

tionis, non autem plenam et supremam potestatem jurisdic

tionis in universam Ecclesiam
etiam in iis quae
.

4
8

Ap. Bouix, De Piincip., p. 168.

Cone. Vatican., sess. iv., cap. i.
Bouix,

Tonr.

1.

Cf. Craiss., 28.

Ap.

c., p. 193.

Vatican., sess.

iv.,

cap.

i.

"Ib-,

ib..,

cap.

p. 185.
ji.

Source of Canon Law.

ad
.

19

disciplinam et regimen Ecclesiae

pertinent;
aut hanc ejus potestatem non esse ordinariam et
.

immediataiyj

10

anath.

sit."

We now come

to the minor: Is the legislative

O
included
in
that
of
power
jurisdiction and inseparable from
it?
Most certainly. For it is obvious that a person can
26.

enact laws for those

whom

over

who

he possesses

jurisdiction."

acy of jurisdiction vested

ally contains the

power

are his subjects

that

is,

those

Therefore the prim

the Sovereign Pontiff essenti

to make laws binding on the entire
in

Church."

ART.

Of the

III.

Acceptance of Pontifical Laws.

27. Are Pontifical laws obligatory on the faithful or the

Church, even when not accepted by any one? We reply
in the affirmative.
The proof is Papal laws are binding,
even without being accepted by any one, if Popes (a] have
tiie power to enact laws independently ot such
acceptation
:

de facto, they wish their laws to be binding without

such acceptation.
But this is the case; therefore, etc. 13

(i>)

if,

The Sovereign Pontiff can, if lie chooses, enact laws

on
tJie entire Church independently of
obligatory
any acceptation.
This is indubitable nay, according to Suarez, de fide." It
28.

is

I.

proved from the preceding

that the

Roman

Pontiff

thesis.

There

it

was shown

invested with a legislative power

in the proper sense of the term.
Now, if the Pope could
bind those persons only who of their own free-will
is

accepted
he would evidently be possessed of no
to
power
15
enact laws.
In fact, the Pontiff, in such an
hypothesis,
would have no greater authority than
any simple layman,
or even woman, to whom
if he
anybody could be
his laws,

so chose.
10

He

18

subject
could, at most, propose laws, and would

Cone. Vatican.,

sess. iv.

Rciff, lib. i.,tit.

ii.,

"

Bouix,

13
15

Bouix,

De

Priricip

n. 136.
,

p.

T ()

I.

1. c.,

Suarez,

De

p. 160.

Legg.,

"Craiss.,
1.

n. 29.

iv., c. xvi., n. 2.
JU

Craiss., 2q.

20

Decrees of Sovereign Pontiffs

a:;

respect, be placed on a level

therefore, in this

with the

The latter can propose

States."
II.
Art.
of the Constitution of
from
Sec.
3
plain
He (the President) shall
the United States, which says:
President of the United

laws, as

is

"

"

"

from time to time give to the Congress information of the

state of the Union, and recommend to their consideration
such measures (laws) "as he shall judge necessary and
"

Yet he lias no legislative power whatever,

as is apparent from Art. I. Sec. i of the Constitution of
the United States, which reads
All legislative power
herein granted shail be vested in a Congress of the United
States, which shall consist of a Senate and House of Repre
expedient."

"

sentatives."

The

Roman

Pontiff de facto wishes that his -laws

should bind independently of their acceptation by any one. This
is evident from the fact that the
wording of the Papal laws,
29.

II.

Now, a command
mandatory.
given absolutely does not oblige merely on condition of its
as of laws in general,

"

is

21
other
being accepted, but unconditionally or absolutely
wise the supposed law or command would be no law at all,
;

but merely a counsel.

22

Again. Pope Gregory IV. says:

Praeceptis aposnon dura superbia resistatur sed per obedientiam,
"

30.

tolicis

quae a sancta

Romana

Ecclesia et Apostolica auctoritate

...

salutifere impleantur.
Si quis haec
Sedis
non
observaverit, percepti ho
Apostolicae
praecepta
This canon plainly
noris esse hostis non dubitetur."

jussa

sunt,

shows that Papal laws have penal sanctions attached, either

Now, from this very fact it is

expressly or impliedly.
clear that Popes, bv their laws, have the will or intention
to bind the faithful absolutely, and not merely on condition
that the law be
17

18

20

Cf. Soglia, vol.

Cf.

Kent

Reifr,

M Oan.

l.

first
i..

p. 49.

Comm.,
n

vol.

24

accepted.

2, dist.

in

fact,

seems no

Neanoli, 1864.
i.,

nS-i.u.

Praeceptis

This,

p. aSS.
"Ib.

12.

IU

Cf. iV, p. 222.

"Can.
J4

Quisquis

Reiff.,l.

c.

3, c. 14, q.

I.

Source of Lan jn Law.

21

no longer doubtful, in view of the condemnation by Pope

Alexander VII. of the following proposition
Populus non
non
causa
ulla
etiamsi
recipiat leg-em a prinabsque
peccat,
For subjects would not sin
promulgatam."
cipe (Papa)
"

"

"

"

by refusing, even without just cause, to accept a Papal law, if

its binding force is concerned, depended
on the acceptation of the people, or were enacted with the
the latter, so far as

implied condition that it be accepted by the faithful.**

31. From what has been said it follows that the Roman
Pontiffs have both the

ligatory on the entire

Our

power and the will to make laws ob

Church independently of any accep

therefore established, namely

27
laws bind before being accepted by any one.

tation.

thesis

is

We

Papal
there
98

the following opinion, advanced by Bouix

and Craisson, 39 and followed by us in the first and second
fore

reject

editions of this

who

hold that

work

it is

22, 26, 32

(n.

the will of the

The opinion

):

Roman

tain Papal laws pertaining to discipline

of those

Pontiffs that cer

should not, de

facto,

bind before being accepted, is lawful and sustained by many

In fact, the authors alleged by Bouix
Catholic doctors.
and Craisson for this opinion either do not maintain it or
sustain the very opposite.
32.

From what

has been said

follows:

it

i.

Papal laws

are obligatory on all the faithful without the acceptation

30
of bishops.
For if the force of the laws in question

acceptance of the bishops, it would

Sovereign Pontiff could not really make,
31
but merely propose, laws.
Hence bishops cannot, as Febronius and certain Gallicans contend, refuse to accept or

depended on the

follow that the

promulgate Pontifical laws in their diocese, if they consider

them inopportune. 33 All they can do is to communicate to
the Pope the adverse circumstances, and expose the reasons
why the law should not be enforced in their particular dio25
27
80

Ap.

56

ib.

S iprn.
Traiss

n. 27, seq.
,

n. 30.

**
31

Ib.

De Princ
Sog

ia,

*>

vol.

Man.,

p 219
3
i

p.

49

"

Ib.

n. 36.

Decrees of Sovereign Pontiffs as a

22
cases.

oh

his
33.

If the Sovereign Pontiff should, nevertheless, insist

law being- observed, he must be obeyed. 33
If, therefore, a general law of the Roman
Pontiff,

though promulgated

Rome,

in

not promulgated

is

in

some

particular province or diocese, the faithful of such place are,

as a rule, excused from its observance, not, indeed, on the
ground that the Pope does not wish such law not to be

binding before being accepted, but on the presumption,

in law, that he does not wish to
urge its obser

founded

vance, or rather because it can be presumed that the Ordi

nary has corresponded or is corresponding with the Holy

See

in

regard to the difficulty ot promulgating or observ

ing the law, and that, consequently, the obligation of ob

remains meanwhile suspended. 34 Observe, how

ever, that this has reference to certain matters of discipline
only; for in questions pertaining to laith and morals the
serving

it

We

judgment of the

Pontiff is irreformable.
say certain
matters of discipline for in those matters of discipline which
relate to sacred rites, the sacraments, the life and conduct
;

of the clergy,

Papal laws are not as a rule modified at the

30
suggestions of bishops.

A fortiori, Pontifical enactments, in order to be

need
not be accepted by the second order of the
binding,
36
Pontifical laws, moreover,
clergy namely, the priests.
become obligatory without being accepted or confirmed
by
secular rulers."
The contrary opinion is thus condemned
by the Vatican Council
Reprobamus illorum sentehtias,
\\\\ hanc Supremi Cnpitis cum Pastoribus et
gregibus cothmunicationem licite impediri posse dicunt, aut eandefh
reddunt saeculari potestati obnoxiam
ita tit contendant,
34. 2.

"

quae ab Apostolica Sede

vel ejus auctoritate,

Ecclesiae constituuntur, vim

33

Bencd. XIV., De Syn. Diocc

^ReifiF.,

1.

c.,

n. 143, 144.

37

Syllabus, prop. 28, 29, 44.

mm

lib. ix., c. viii., n.

4.

"-"Bened.

XIV.,

1.

c., n. 3.

ad regimes
habere

Prati, 1844.
S6

Craiss.. n. 32.

Source of Canon Law.

nisi potestatis

saecularis placito

confirmentur."

23
38

The na

ture of the Placitum regium has been elsewhere

explained
39
The Government of the United States has never
by us.

claimed any power to review Pontifical documents or forbid their publication.

ART. IV.

Of the

Requisite Promulgation of Pontifical Laws.

the promulgation of a law is meant its

publicly known, by the lawgiver, to the com
munity in such a manner that it can come to the knowledge

By

35. Definition.

being made

of all concerned. 40

We

Herein promulga
say community.
distinguished from the knowledge of the law which
may have been obtained by private individuals. The pro
mulgation is to be made publicly, that is, to the whole
tion

is

community, because a law binds not merely one or two

persons, but the whole community.
Hence, until it has
been communicated to the
community, it does not bind,
even though some persons
may have acquired a knowledge
of it.
And once it has been promulgated to the
community
it binds all, even
though some persons do not know it/
1

From
it

this

it

be readily seen that

will

would be impossible,

to

make

is not
necessary, nay,
a separate
promulgation to
it

each individual.
36.

Q. Is the

of

promulgation

law absolutely neces

sary
A. Yes.

No

law whatever binds, save when it has been

42
This follows from the
sufficiently promulgated.
very
3S

Cone. Vatican.,

89

Our Notes,

sess. iv., cap.

n. 32.

40

Bouix, de Princip.

41

De

43

Angelis,

1.

i.,

L. 9, C. de Leg.

t.

(i.

p. 236.
2,

n. io.

14).

iii.

Decrees of Sovereign Pontiffs as a

24

nature of things. For it is plain that no community can be

bound to observe a law which has not been properly made
known to
Consequently, Papal laws, in order to be
it."

be promulgated. The
binding, must, like all other laws,
Blackauthorities.
secular
the
of
laws
the
of
holds
same
44
is
no
law
till
the
resolution of
stone writes:
legislature
"

this resolution

A.

notified."

How should

Q.

37.

be

law

the promulgation of a law be

be promulgated

may

is
special form or mode of promulgation
is that the law be made publicly
necessary

manner
cerned.
38.

that

it

can come

to the

made

various ways. No
required. All that is

in

known

knowledge

in

such a

of all

con-

45

Q.

What

is

the

manner

which Papal laws, made

in

are to be

promulgated ?
A. i. Formerly there were writers, v.g. Natalis Alex

for the whole Church,

who

affirmed that the laws in

ander, Tournely, Cabassutius,

unless they had been formally
question were not binding
In
in every diocese and country of the world.

promulgated

other words, they held that no Papal law was obligatory in

a particular diocese or country unless it had been separately
Some writers went
in such diocese or country.

promulgated
even so far as to maintain that this mode of promulgation
was required by the law of nature. De Marca, Van Espen,
Zallwein, and others zealously advocated this form of pro
had the
mulgation, because it favored the view that bishops
48

Pontifical laws.
right not to accept, and not to promulgate,
is scarcely a
there
say formerly ; for, at the present day,

We

Catholic writer

who

holds that the promulgation in every

diocese or ecclesiastical province

it
39. 2. At the present day,
43
44
45

46

Schmalzg.,

1.

i., t.

Com., Introd.,
Schulte, K. R.,
Bouix,

1.

c.,

is
is

necessary.
the general teaching of

2, n. 26.

sect,

vol.

ii.,
i.,

p. 8.

p. 81 sq.

pp. 197, 23-2 sq.

Source of Canon Law.

25

canonists and theologians that the promulgation which takes

place in Rome is sufficient. Now the manner of promulga
tion of Papal laws at Rome, as practised for several hundred
years and as still in vogue, is to post them at the doors of St.

Peter

of the Lateran basilica, of the Apostolic

s,

offices,

and

in

the public square called Flora. 47

be said that this

mode

of

promulgation

is

Chancery

Nor

insufficient.

can
Fo:

that promulgation alone is requisite by which the knowledge

of the law will easily and conveniently reach the entire

Now

Church.

such

especially at present, the promulga

For with our modern facilities of com
munication, with our cables and newspapers, a law which is
enacted and promulgated in Rome is made known all over
Hence a separate and for
the world in a very short time.
mal promulgation in every diocese is superfluous.
tion

made

in

is,

Rome.

It is therefore admitted by all at the present day; that

the promulgation of Pontifical laws enacted for the whole
Catholic world as made at Rome, in the manner stated, is

There is only one excep

where the Roman Pontiff or an

sufficient to bind all the Faithful.

tion to this rule, namely,

oecumenical council expressly prescribes or sanctions a dif

ferent or more local and particular form of promulgation.

An example

of this exception to the rule is given by the

of Trent, sess. xxiv., cap. i., de Ref. Matr. The
Council
holy
in
the place quoted, enjoins that marriages, on pain
Council,
in the presence of
of their invalidity, are to be celebrated
"

the parish priest and two or three witnesses. But it also

decrees that this law shall be published in every parish church
of each diocese

and that

it

shall

begin to be of force in each

counted from the

parish at the expiration of thirty days, to be

Here, then,
publication made in said parish."
the binding force of the Tridentine decree in a particular

day

of

parish

its first

is

made contingent upon

41

Santi, Prael. fur. Can.

its

publication in such pari.,

t.

2, n. 23.

Decrees of Sovereign Pontiffs as a

26

Hence

ish.

the publication of this law merely at

Rome

is

not sufficient.

should be observed that in more recent times the

to transmit a printed copy of
Holy See has been accustomed
the law to all nuncios, archbishops, and bishops, who, upon
This pub
it. to their respective subjects.
its
It

receipt, publish

however, is not promulgation.

We have said in our question, for the whole Church. For,
laws made for particular countries, and not for the entire

lication,

Church, are not published

in

Rome, but

are simply sent, in

the Primate, or also to each archbishop

printed copies, to
48
and bishop of the respective country.
laws binding all over the Catholic
40. Q. Are Papal

world as soon as they have been promulgated in Rome?

A. i. A distinction should be drawn between the bind
and in actu sccundo. A law
ing force of a law in actu primo
binds potentially from the very moment it has been promul
But its binding force does not become operative in

gated.
the case of a particular country until it has come, or at
43
least could have come, to the knowledge of the latter.

law binds in actu

Consequently, although a general Papal
from the moment it has
primo all over the Catholic world,
been promulgated at Rome, yet it does not actually bind
the faithful in a particular country until it has become

known

to them, or

after the lapse of a certain period of

their
it could
easily have come to

till

time during which

knowledge.

Now how

long a time is to elapse between the pro

force in a
mulgation of the law at Rome and its binding
Q.

?
particular place
A. There are two opinions.

The

first

maintains that the

law becomes obligatory immediately upon those who reside

in the curia or about Rome, but upon others only after the
46

Bouix.

"

1.

c.,

p.

270.

Satiti,

1.

c., n.

24

Source of Canon Law,

260

lapse of a certain time, to be computed according to the

The second, which is termed the more
distance of place.
60

probable opinion by St. Liguori, holds that, unless the

time is fixed by the law itself, no person whatever falls under
the law save after
tion

fact,

two months from the date

of its

promulga

but that after that period it binds everywhere. In

no one can doubt that, at the present day, a law

promulgated in Rome can be easily known all over the

world in two months.
41. Q. What is the right and duty of bishops in regard
to making known and observed Papal laws, as also decrees
and instructions of the Sacred Congregations, v.g., of the

Propaganda

A. The bishop

is

the guardian of the law, general and

Consequently it is his right and

on
duty,
receipt, direct or indirect, of an authentic copy of
the law, decree or instruction, from Rome, to notify or
inform the clergy, and also the faithful if the law concerns
particular,

them

in his diocese.

under

his charge, of

sary steps to cause

official

it

announcement or

it,

and take

be

to

all

observed/"

notification

is

the other neces

However,

this

not promulgation,

broad sense. 52
42. Q. When do the laws enacted by the secular govern
ment, also with us, generally begin to bind ?

save

in a

A. In France, the Code Napoleon declares that laws are

6*
.binding from the moment their promulgation can be known.

With
passes,

"

us,
if

a statute or law operates from the very day it

51
itself does not establish the time."
In fact,

the law

the laws enacted by our State legislatures generally state

expressly that they take effect immediately after their pa&
50

Si.

51

Ib.. n. g6.

Liguori,

1.

i.,

6-

Bouix,

BX

Kern. Com., vol.

54

II).,

p.

1.

c., p.

4?;.

n.

96 sq.

242.
i.,

p.

458.

Decrees of Sovereign Pontiffs as a

266

that it would
Kent, however, very justly observes
the
statute or law
be no more than reasonable and just that
"

sage.

it was
duly promul
Revised Statutes are in

should not be deemed to operate until

"

gated."

Hence the

New York

justice and equity when they declare "that

every law, unless a different time be prescribed therein, takes
effect throughout the State on, and not before, the twentieth

harmony with

day

after

43. It

its final passage."

should be observed here that secular governments

or national and state legislatures have nearly everywhere

discarded the practice of promulgating their laws in each

However, they cause them

to be published either
various newspapers issued in
the different localities affected by the laws. This publica

province.
in

an

official

newspaper, or

in

intended as a convenience to the public, rather than

as a formal promulgation.
tion

is

ART. V.
Various Kinds of Apostolic Constitutions or Letters.

Apostolic letters or constitutions are divided

By reason of their subject-matter (quoad materiam] into,
common ordinances (ordinationes communes), which enact
44.

I.

a,

or establish something for the entire Church, or at least for

a considerable part of it; b, into particular ordinances (ordi
nationes particulares), which lay down prescriptions for a
private person only, or in some transient affair."
45.

i.

Common

ordinances are

made up

properly so-called, decrees, decretal epistles,

a. Constitutions
(constitutiones),

of constitutions,

and

encyclicals."

properly speaking, are

"

"

Kent, Com., vol.

i.,

p.

458.

Ib., p. 459.

Boiiix,
Ib.

De

Princip., pars

ii.,

sect,

ii.,

cap.

vii.

Source of Canon Law.

27

man

tnose Apostolic letters which ordain, in a permanent

63
ner, something for the entire Church, or part of it.
b.

decrees (decreta) are

By

meant the constitutions

just

issued by the Roman Pontiff not in reply

to questions addressed to the Holy See," but motu pro86
The
prio, with or without the advice of the cardinals.

mentioned, when

term

"

decree

however, not unfrequently used to de

note Pontifical laws or enactments of every description. 68
c.

"

is,

Decretal epistles (decretales epistolae, responsa) differ

6T
in that they are dictated
in reply to

from decrees only

88

questions of bishops or other persons.

They have the force
of general laws, being framed for the purpose of deciding in

when something

similar cases, save

is

ordained dispensa-

tively

(dispensative)."

Encyclicals are the above-mentioned constitutions or

decretals when addressed to the bishops of the whole world
or of some country. Encyclicals are generally made use of
d.

by Popes in order to determine some point of doctrine o

abolish abuses, as also to introduce uniformity of discipline.
46. 2. By particiilar ordinances (ordinationes partic*
lares) are meant those letters in which the Roman Pontf f
replies to persons

who

either ask for

some favor or rep

on some particular

-rt

affair, or request directions for a t ansient object or private individual.

These letters are na ned
r

71

rescripts (rescripta).

Quoad for mam, or viewed

47. II.

lineal letters
Briefs.

as to their form,

Pon

or constitutions are divided into Bulls and

For the

Pontifical letters

which are mentioned above

are issued in the form either of a bull (bulla) or of a briei

(breve);" though, at present, frequently in neither of these
forms.
48. Bulls, so-called
63

Bouix,

De

"

48

Princip., p. 273, pars,

n. 47.

Bouix,

De

Bouix,

1.

from the
65

Ib.

Princip., p. 274.

c., p.

274.

t;9

Ib.

61

ii.,

seal,
sect,

whether

ii.,

cap.

Notes on the Sec.

vii.

of gold, silver
Cfr. Craisson,

Man.

C. Bait., p. 18.
Notes on the Sec. PI. C. Bait., p. 18, n. 21
Ib.

(4)

PI.

"

Ib., p. 274.

Ib., p. 275.

Decrees of Sovereign Pontiffs as a

28

or lead, which is appended to them, begin thus:" Leo

Servus ser(or the name of the reigning Pontiff) Episcopus,
the
a
with
Briefs
Dei"
having
vorum
superscription
begin
XIII.
For
PP.
Leo
thus:
name of the reigning Pontiff,

or hempen cord a
merly bulls had appended on a silken
leaden (sometimes silver; or even gold) seal, and were more
over written upon thick, coarse, and somewhat dark parch
ment, in old or Teutonic letters, and without any punctua
of Pope
present, according to a motus proprius
Dec.
issued
now
Leo XIIL,
29, 1878, the
happily reigning,
wse of Teutonic characters is entirely abolished, and the
the use of
Latin mode of writing substituted

At

tion.

ordinary
the leaden seal

The other

restricted to the

is

bulls,

like

and are written on

have a red

briefs,

fine

more important

white parchment.

seal

bulls.

impressed,

The new red

75

bears on
prescribed by Pope Leo XIIL,
surrounded
face the images of St. Peter and St. Paul,
by

seal of bulls, as
its

the

name

of the reigning Pope.

18

ART. VI.

Of

Rescripts (De Rescriptis).

For definition of rescripts, see n. 46.

49.

Collectan., p. 666, for the latest decisions

What

See also Bizzarri,

concerning rescripts.

Thev have the

force have resciipts?

force of law,

is, among those only for whom they were.

Thus, a rescript conceded to a plaintiff, granting a
given.
trial wit/tout appeal, is equally beneficial to the defendant, who

inter paries
7

"

may wish
Ti

that

to bring a counter-action against the plaintiff.

79

Bulls are generally not signed or subscribed b,y the Pope, but only by
Consistorial bulls are signed by the Pope.
Phillips, vol.

several officials.
iii.,

p. 646.
t4

Placed in the

heading.

first line,

and not

Bulls have no heading.

in the

iii.,

title,

or

sect. 154,

Edit. Ratisbon, 1850.

p. 645.
75

ActaS. Sedis,

vol. xi., 1879, p. 465.

77

Reiffcnst., lib.

i., tit.

"See

iegoin

shape of a superscription,

Cfr. Phillips, Jus. Can., vol.

iii.,

our Notes on Sec. PI.

xxxvi.

"Bjuix,

De

Princip., p. 277.

n. o.

Bah.,

Edit. Ivodii, 1860.

n. 23, p.

19
7J

Sse al^o Dcvoti ProReiffens!..

1.

c.. n.

10.

Source of Canon Law.

rescripts have not of themselves the efficacy

Though

50.

29

of universal laws, yet they may serve as precedents, and be

of a similar kind, and hence they some
applied to cases
*"*

times acquire indirectly the force of common laws.

have the same force when inserted in the Corpus juris.

They

How many

kinds of rescripts are there?

Some rescripts are contra legem, others
answer,
81
praeter legem, and others finally secundum legem.
51.

We

2.

i.

Rescripts are again divided into rescripta gratiae and

The

into rescripta justitiae.

latter,

termed also rescripta

ad lites, are those in which, for instance, the Pope, in causes

devolved upon him, constitutes delegated judges."
The
ad
also
are
called
those
which
beneficia,
former,
rescripta
83
bestow benefices or other similar favors.

52.

How

We

answer: In a threefold manner.

1.

when

are rescripts vitiated?

persons
(vitio
personarum) that is
parties are incompetent either to give or to obtain

By

in

defect

84

rescripts.
2.

By

in petitions

defect

(vitio

precum), which either

suppress and conceal the truth or contain a falsehood that

85
In canon law,
is, ere either surreptitious or obreptitious.
the terms subreptio and obreptio are interchangeable and
8
used synonymously/ so far as concerns the matter under
discussion.

37

By defect in the form (vitio formae), rescripts are

finally made void when, namely, the rescript was not pro
88
e.g., when some important word or sentence
perly issued
3.

89

is

erased,

etc.

Rescripts, at least of justice, are vitiated by defect

petitions, when, by fraud or malice, a falsehood is

53.
in

*"

See our Notes,

p. 19, n. 23.

Rciffenst.,

n. 22.

"

114

1.

c.,

Cfr. Reiffcnst.,

1.

c.,

n. 10, 12, 13, 14.

83

Ib., n. 27, 28.

"

Soglia, Jus Publ.,

"

""ReiiT-.lib

i.,tit. iii.,

n. 155.

Ib.

n. 29.

30.

Ib.,

29.

Cfr. Soglia,!. c

,30

""Ib.^.

"Ib.,3r

Decrees of Sovereign Pontiffs as a

3O

80

but if this is done

suppressed;
and
the latter was the
through ignorance or simplicity,
cause of obtaining merely the form of the rescript, it
Where,
does not annul the substance of the rescript."
withheld
have
the
would
absolutely
however, the Pope

asserted

or the truth

had been stated, the rescript is com

even
though the surreption proceeded from
pletely voided,
rescript, if the truth

ignorance or simplicity."
of Papal rescripts is usually com
54. The execution
93
At present, however,
mitted to ecclesiastical dignitaries.
entrusted
with the execu
are
confessors
frequently
simple
tion of rescripts, at least of the 5. Poenitentiaria, containing

dispensations from impediments of marriage.

to
It is incumbent upon the officials or dignitaries
of
or
is
entrusted
effect
to
the
task
whom
executing
giving
rescripts to ascertain whether preces veritate nitantur and
case the facts or prayers upon which the rescript is
based are without foundation, these officials should so in
;

in

form the Pope before giving

55.

A.

Q.

How

do

effect to the

rescripts lapse

Papal

letters.

94

Rescripta justitiae lapse at the death, resignation,

translation, or deposition of the person conceding them,
if

I.

had not yet begun 9 * (re

proceedings had already com

at the time the cause or trial

adhuc integra) but not if

menced in the case (re non amplius
;

citation of the parties to the suit,

of the person
2.

the

who granted

by the
made before the demise
integra),

the rescript.

v.g.,

06

to rescripta gratiae, we must distinguish between

rescripta gratiae that contain a gratiam factam and

As

those containing merely a gratiam faciendam. 97

containing a gratiam
"

"

*
"

Cfr. Soglia,

1.

a. Rescripts
factam
do
even
not,
jam
though res esf
C)

c.,

30.

Infra, n. 233.

ReifTenst., lib.

i.,

Decret.

Craisson, Man., n.

71.

tit.

Ap. Reiffenst
Phillips, Jus
3. n.

232, 235.

1.

c., n.

Can., vol.

w Ib

159.
iii.,
OT

Ib.

155. p.

654

n. 238, 241.

Source of Canon Law.

ad/nic intcgra,
them."

31

expire with the decease of the person con

b.
Rescripts that confer a gratiam faciendam

ceding
or a gratiam concessam non in proprium recipientis litteras,
sed in alterius" duntaxat favorem, lapse at the death of the
person giving them,
56.

power

si

adhuc

res est

integra.

Now, rescripts contain a gratiam factam when, v.g.,

is given in them to an individual or a religious com
10

grant dispensations, to absolve, first, either per

sons in general or, second, persons in particular i.e., deter
minate persons, provided the person
obtaining the rescript

munity to

""

in the

second case

constituted the executor necessarius

is

commanded, v.g., to grant a dispensation to

he knows the petition of Titius to be grounded
Such are ordinarily dispensations for marriages.

i.e., is

Titius
in

if

truth.

On

the other hand, rescripts contain a gratiam primum

faciendam when they authorize the party obtaining the
57.

rescript to confer, if he deems

it

proper or desirable, a favor

(v.g.,
upon a determinate person v.g., if the
letters
Apostolic
Dispenses cum Titio, conferas Caio
say
102
In thisbeneficium, si volueris, si expedire judicaveris.

a dispensation)

case, the person who obtains the rescript is constituted the

executor voluntarius, and the gratia contained in the rescript
is

not

jam

facta
the
Pope, but
by

i.e.,

completely or absolutely

103

bestowed

merely gratia facienda i.e., to be im

parted conditionally, namely, if the executor thinks proper
to

do

is

so.
l04

Rescripts, in general, may also lapse, by being

revoked either tacitly or expressly (revocatione) and by
being renounced or refused (renuntiatione) by those per
58.

3.

10
sons in whose favor they were made.

*"

Reiff.,
100

103

Ib., n.

1. c.,

n. 250.

10

101

254.

Leuren,

Forum

delicorum, 1737.

Ib., 256, 257.

Eccl., lib.

i.,

JM

Decret.
Ib.,

Qu.

tit.

3,

Qaest. 363.

*
361.

Ib., n. 251.

Mb.,n.

258.

Augustue Vin-

Ib.,

Qu.

360.

CHAPTER

IV.

ON THE DECREES OF COUNCILS AS FORMING A SOURCE

OF CANON LAW.

VI,

ART.

I.

Of (Ecumenical

Councils.

Coetus auctoritate
Councils in general are defined
legitima congregati ad tractanda negotia ecclesiastica, de
"

59.

quibus Episcopi
It is

pronuntiant."

mooted question whether councils are of divine or

ecclesiastical institution.

CEcumenical councils are not abso

Church, though they are very useful.*

Councils are divided into oecumenical, national, provin

lutely necessary to the

cial,

and diocesan.

What

60.

are the essential conditions or requisites of an

oecumenical or general council

We

answer

4
:

An

oecumenical council must be convoked by the

authority of the Roman Pontiff, or, at least, with his con
6
sent, and be presided over by him or his legates.
1.

All the Catholic bishops of the world are to be called

or invited, though it is not indispensable that they should
2.

all

be present.
3.

The

acts of the council

proved by the Pope.

1

must be confirmed or ap

Bouix, ap. Craisson, Man., n. 77.

Craisson, I.e.
See our Notes on the Sec. PI C. Bait., n. 33, p. 27.
Devoti, Inst. Can. Prolegom.,

xxxviii.

Leodii, 1860.

Ib., n. 79.

Ib

Ib

On

the Decrees of Councils.

33

Who

have the right of suffrage at general councils?

are jure divino* possessed by virtue of their
alone
i. Bishops
2. Cardinals who are not
of decisive vote.
office of the right
but not abbots
bishops; abbots-general of an entire order,
of single monasteries belonging to a religious community
61.

of religious
subject to a general abbot, superiors-general
orders all these have a decisive vote, though only by virtue
:

Procurators of bishops lawfully absent do

not possess, according to the general law of the church, a de
1 hey received, however, from Pops Pius IV.
cisive vote.

of privilege?

3.

the right to cast a consnltive vote in the Council of Trent.

Pope Pius IX. decided that in the Vatican Council the pro
curators of absent bishops could be present only at the
"

but not at the

public sessions, and that without any vote,
sessions."

private
62.

served

What

is

the

canonical

in the celebration of

mode

or method to be ob

oecumenical councils?

I.

There

must be freedom of discussion, or liberty in decisions and

are (ipso
judgments. All acts extorted by fear and violence
and void. 2. No fraud or deception must be
a
3. There must be, moreover,
practised on the Fathers.
sufficient examination into the questions submitted to the

jure) null

Once, however, the council has defined a question,

no doubt can any longer be entertained as to whether the
council used sufficient care and deliberation in its definitions.

council.

63.

We

What

the authority of oecumenical councils?

answer: The decrees of general councils have the
is

one of
efficacy of universal laws, and constitute, therefore,
12
the sources of canon law, in the strict sense of the term.
64. Q.

Is

the Council of Trent received in the United

States (quoad disciplinani]

8

Soglia Vecchiotti, Inst. Can.,

* Bened. XIV., De
Syn..
11

Craisson,

1.

c., n.

89

1.

lib. i.,

3, c.

Ib.

39.

12, n. 5.

"

Soglia- Vecchiotti,

1.

c.

On

34

We

the Decrees of Councils

"

18

since no one will

disciplinam
doubt that, in matters of faith, the Council of Trent fully
obtains with us.

A.

We

say

now

"quoad

give a direct answer: i. The disciplinary law

is not, as a whole or in its entirety,

the Council of Trent

<>f

with us, though many of the decrees of Trent are

made obligatory throughout this country by the Fathers of
in force

the Second and Third Plenary Councils of Baltimore. 19

2. Again, the Fathers
frequently express their sincere
desire of approaching and conforming to the prescriptions
of the general law of the Church, and therefore of the

Council of Trent. 20
3. Kenrick writes

"

In Conciliis Baltimorensibus passim

allegantur (Decreta Concilii Tridentini), licet universa (de2I

We

observe
creta) non sint speciali decreto promulgata."
that even the disciplinary decrees of the Council of Trent

do

require any promulgation in this country, in

23
order to be binding with us.
not, per

se,

ART.

Of

II.

Particular Synods, whether National, Provincial, or

Diocesan.

65. National councils are those to which the Bishops of

whole nation are summoned. 23 These councils are con
voked by the Patriarch, Primate, or other dignitary having

21

competent authority.
The Archbishop of Baltimore cannot convene national
or plenary councils by virtue of the praerogativa loci,
"

Cfr. Craisson,

1. c.,

19

See Acta

10

Concil. PI. Bait.,

w
14

Ib.,

Tract

De-

oti,

n. 93.

et Decreta, n. 56,
ii.

xviii., n. 144.

Prolegom

Cfr.

passim, n.

xli.

Cone. Trid.,

sess. xxiv., cap. 2,

2I

59, p. 47.
"

Mor. Tract

De Ret

iv., n. 15.

Craisson, Man., n. 80.

as

Forming a Source of

Cation

As

attached to the Sec of Baltimore.

Law.

35

a matter of

fact,

Holy See appointed the Archbishop of Balti

more Apostolic Delegate to assemble and preside over the
three national councils, so far, held in this country: the one
in 1852, the other in 1866, and the third in 1884.
The Roman Pontiffs were wont to hold national synods
Such
of Italy down to the seventh or eighth century.
however, the

26

councils were also customary in Africa.

66. Councils are named provincial when the Bishops ol
are called together by the Metropolitan," though
a
it

province
is not essential that they should

all

be present at the

council.

How

often are provincial councils to be held ?

answer I. In the first centuries of the Church, they
celebrated twice a year." 2. The Third (Ecumenical

67.

We
were

Council of Constantinople prescribed that these councils

should take place once a year. 3. Finally, the Fifth Lateran
29
Council, as well as that of Trent, ordained that they should
30
be convened once every three years.
be observed that but very few provincial
councils were held within the last three centuries in France,
Germany, Austria, Spain, and even in Italy, save those of
68.

It

may

Milan under
that the

Charles Borromeo. Hence it would appeal

31
See tacitly consents to this custom.
United States, provincial council and dio
are more numerous. This is owing in nc
to the fact that our government has nevei

St.

Holy

69. In

the

cesan synods
small degree

thrown

in fact,

could not throw

in the

any obstacles

way

while in Europe the governments but too frequently inter

fered with these meetings." The law enacted by the Council
to wit, provincial councils should be held every

of Trent
**

Notes on the Sec.

96

Soglia,

1.

c.,

torn,

Sess. 24, cap.

*

Cmisson,

1.

c.,

2,

PI. C. Bait., n. 34, p. 28.

*
37.

i.,

De

Ref.

n. Si.

30

Craiss.,

1.

c.,

n. So.

Bouix, Concil. Provinc.,

Cfr. Phillips,

Jus Can.

t.

Ib., n. 8r.

p.

420-425.

ii.,

p. 274.

Ou

36
three years

the Decrees of Councils

should be accurately observed throughout the

United States. 33

In parts of the

are held once every four years.

West

Indies, these councils

31

|3iP 70. Q. What persons should be called to provincial

or national councils, also in the United States?
A. i. All the Bishops of the province or nation. They
are obliged to come in person, unless they are lawfully hin
dered.

they are lawfully hindered, they are bound to

send procurators to represent them.
2. Apostolic adminis
trators appointed by the Holy See for dioceses whose
"

If

bishops, though still living, are either unable or incapaci

tated to govern the diocese.
with us
3. Vicars capitular

administrators of dioceses sede vacante

4. Vicars-apostolic,
exercise jurisdiction in districts not yet erected into
37
bishoprics.
(Cone. PI. Bait. II., n. 60, note i.) 5. Cathedral

who

chapteis; they have a right to be present at the council

through their delegates or representatives chosen by them

Abbots possessed of jurisdiction not only over

their monasteries, but also cf quasi-episcopal
jurisdiction
over the secular clergy and laics in a certain part of the

selves.

6.

30
province or nation.

These

alone have a right to be called de jure to

33
For they alone possess episcopal
question.
or quasi episcopal jurisdiction. However, by custom, also
in the United States, the
following persons are also called
six classes

the councils

to

in

the councils:

i.
Coadjutor and auxiliary bishops of the
or
of
the
province
nation, and also strange bishops who may
happen to be in the province or country at the time; *
2. Provincials of
regulars; 3. Rectors of major seminaries
Mitred
abbots
who have jurisdiction
4.
over their
1

merely

a3

Cone. PI. Bait.

35

Cone. Trid. sess.

"

II., n. 56, 57.

24, c. 2,

De

Ref.

"

a6

Coll. Lac..

1.

c.,

p. 1103.

C. PI. Bah. II., n. 60.

Cf. infra, n. 524.

18

There are no abbots

39

Con.

in the

PI. Bait. II.. n. 60.

U.

S.

who have such

quasi episcopal jurisdiction.

Bouix De Cone Prov.,

p.

in

sq.;

ib., p. 122;

as

Forming a Source of Canon Law.

and not over seculars;

persons whose services the bishops wish
monasteries,

5.

to

37
those

Finally,

make use

of

41

those priests whom bishops usually take along with

to the council, as their theologians or canonists."
Be

v.g.,

them

priests or ecclesiastics who think themselves in,

jured may present their grievances to the council." Lay.
sides,

men

all

are sometimes invited to attend

either to act as notaries, as

some

of the sittings,
in several of the Prov."

was done

C. of Westminster, England or also- in order to explain cer,

tain matters
thus, several eminent lawyers were admitted
;

one of the public sittings of the First Prov. C. of Balti.

in order to explain certain
points of the civil law in

to

more,

relation to

Not

Church property.

persons, however, who are invited to the councu

have a right to a decisive vote. For to cast a decisive vote
is to concur in
making laws for the province or nation, and
is therefore an act of episcopal or
quasi-episcopal jurisdic
all

Hence, by the general law of the Church, only those

have a decisive vote who exercise episcopal jurisdiction in
tion."

province or nation, namely:

2.
province or nation
Apostolic
the

The bishops of the

administrators of dio,

i.

ceses 3. Vicars-apostolic of districts 4. Vicars-capitular or

administrators of dioceses sede vacante ; 5. Abbots possessed
;

of quasi-episcopal jurisdiction over the secular

clergy
laity in a certain part of the province or nation.

and

The

following have only a consultive vote, by the gen

eral law: i. Auxiliary and
coadjutor bishops, and also
other titular bishops who live in the province or countrv,
but do not exercise episcopal jurisdiction therein
also
,

strange bishops

who may happen

to be at

procurators of bishops lawfully absent.

ceive the right of casting a decisive vote,
41

43
45

Cone.

PI. Bait. II., n. 60.

Ferraris,

1.

Ib., p. 15.

c., n.

26.
"

All these
if

Coll. Lac.,

1.

c., p.

Coll. Lac.,

1.

c.,

Ib., p.

114.

the council

may

re

the council con1415, n. 20.

pp. 974, 999, 1026,

1066

On

38

sents.

47

the Decrees of Councils

In the United States

Cathedral

the custom for

all of

these

Bishops, to cast a decisive vote.

persons, except visiting

2.

it is

3.

chapters."

Mitred abbots and general su

rectors of
4. Provincials of regulars,
periors of orders.
of
the
the
bishops.
theologians
major seminaries, and
See the acts of the Third Plenary Council of Baltimore, p.
and vote of the Fathers are given
Ixiii, where the discussion

on the admission and right of voting of abbots and superiors

After mature deliberation, the Council decided
of regulars.
to give the right of decisive vote to the two abbots general of
their orders, who were present; namely, to Rt. Rev. WimRt. Rev. Mundwiler; and also to Rt. Rev. Sorin,
of the Holy Cross.
Superior-general of the Congregation
the
same
The motion to extend
privilege to all the other

mer and

abbots of single monasteries was rejected by the Council.

matters are settled by a major
71. In provincial councils
no preponderating voice,
have
Metropolitans
ity of votes.

even when there

72.

is

The decrees

49

tie.

the U.

to the
tries, to

must be submitted
and other missionary coun

of provincial councils

Holy See (in

the Propaganda

S.,

elsewhere, to the S. C. C.) before

This is done, not that these decrees

50

being promulgated.
should be confirmed by the Holy See, but that whatever
may be too stricter somewhat inaccurate may be corrected
though, not unfrequently, they have been not merely revised
;

necessary, amended, but also confirmed by apostolic

letters at the request of metropolitans/

and,

if

11

lawful to appeal from these councils when they

are not approved in forma specified since it sometimes hap
It

is

pens that these councils, even after being corrected by the

De Cone.

41

Bouix,

49

Craisson.

Prov., pp.
50

n. 85.

19. 125.

Bened. XIV. De Syn. Dioec.,

Craiss., n. 87.

Bouix,

48

Ferr., v. Concilium, art.

ii.,

n. 15.

Sixtus V. Constit. Immensae, ap. Craisson, n. 86.

De

lib. xiii.,

Episc., torn,

cap. 3
ii.,

n. 3, 4.

p. 392.

as

Forming a Source of Canon Law.

39

See, yet contain certain regulations

which are rather

by the Sacred Congregation."
None of the provincial or national councils of the U. S.
seems to be approved in forma specifica.
73. What has been said of provincial councils is, in most
54
Provincial coun
respects, applicable to national councils.
cils are convened by the
in
metropolitans
person, or, if tuey

Holy

than

tolerated

approved

be lawfully hindered, by the oldest 55 suffragan

Na
bishop.
tional councils in the U. S., on the other hand, are assem
bled by express direction of the Sovereign Pontiff, who
ap
points a representative of his authority in the apostolic dele

gate he commissions

to preside over them.

Each bishop may,

in individual cases, relax in his

diocese the decrees of prov. or national councils, unless it be
said that they are approved in forma specifica. 57
Provincial
74.

councils, as

times,

was

by the metropolitan some

and celebration of these

seen, are called

however, the convening

were agreed upon

councils

a special meeting of the

bishops of the Province, held beforehand for that purpose
as, for instance, in the case of the Fourth Prov. C. of Quebec
in

in 1868,

and

in the case of the

Second Prov. C. of Australia,

held in the city of Melbourne in i860. 68

cesan synods, see our Notes." 5
"

*3

M
"

47

Gousset, ap. Craiss.,

Cfr. Soglia, vol.

In regard to dio

"

n. 87.

Ferraris, v. Concilium, art. i., n. 5.

M Coll.
Cone. Trid., sess. 24, cap. 2, De Ref.
Lac., 1. c., p
250.
Cfr. Notes on the Sec. PI. C.
Kenrick, Mor. Tract. 4, vol. i., p. 118.
i.,

p. 74.

Bait, p. 438.
**

Coll. Lac., vol.

iii.,

p. 1057, 1058, 1415, n. 14.

**

p. 30.

CHAPTER

V.

ON THE ROMAN CONGREGATIONS AS A SOURCE OP

CANON LAW.

VII.

ART.

I.

the Sacred Congregations.

Efficacy of the Decisions of

Later on

75.

we

shall treat of the various functions

we

At

and
shall

present,
powers of each of these congregations.
decisions or declarations
of
the
force
the
consider
merely
(declarationes) of the Roman congregations. Congregations

of cardinals (congregationcs cardinalium, congr. Romanae)

are committees or commissions composed chiefly of cardi

whom

the Sovereign Pontiff refers certain matters

that relate in a special manner to the Church.
nals, to

There are two kinds of congregations

76.

I,

permanent

committees

or congregations (congregations
standing
estab
ordinariae}, those, namely, which are permanently

or

temporary congregations (congrcgationes extraordinar iae], or those which are convened to attend to some
particular or transient matter only, and therefore have no
lished

2,

permanent existence.

We

shall here consider the decisions

The following are con

of the congregationes ordinariae only.
Officii or InquisiSacri
:
ordinariae
gregationcs
Congregatio
Congr. Indicis, Congr. Consistorialis, Congr. Episcoet Regularium, Congr. Sacrorum Rituum, Congr. de
Propaganda Fide, and several others.

tionis,

porum

Salzano,
1

1.

c.,

vol.

i.,

p.

76.

Phillips, Kirchenr, vol. iv.j& -joQ, 9.495, Ratisbon, 1850

*Ib., p. 77.
4

Phillips,

l.<r

Source of Canon Law.

The

77.

question therefore comes up

tions of these congregations the

41

Have

the declara

force of universal

lawr

The question is asked especially in reference to the Congreask, there

gatio Concilii, because of its special powers.
fore : Are the decisions of the Congr. Cone, binding on the

We

There are three opinions The first de

nies that these decisions have the efficacy of common law,
i, because this S. Congr. merely uses the words
censuit,

entire

Church ?

"

but does not employ any imperative or pro

hibitory terms in its declarations 2, because these decisions
are issued for particular cases only.
For other reasons, see

censcmus"

Hence, say the defenders of this opinion, the Pon

speaks through this congregation only as its president,
and not as head and doctor of the Church."
78. The second opinion affirms that these decisions, when
10
authentic, i.e., when signed
by and having the seal of the
prefect and secretary of the respective congregation, are of
the same authority as though they had emanated directly
from the Pope, and are, therefore, binding on the entire
M
Church, even when issued for a particular case only.
These declarations are
79. The third distinguishes thus
Bouix.

tiff

two kinds:

of

dcclarationcs cxtcnsivae,

I,

i.e.,

those which

12

were, or stretch the meaning of words beyond

their ordinary signification, and grant or prohibit something

extend, as

it

13

These decisions, forming, as it were, new

accordingly.
do
not
obtain
the force of law unless they are issued
laws,
by the special order of the Pope, and properly
*
*

say

"entire

law in

Church";

(Cfr. St. Liguori, lib

11

for

it

casibits particularilnts,

also in casibus similibus ?

promul-

Craisson, Man., n. 95.

We

force of

i.,

is

certain that these decisions have the

pro quibus fiunt ; but are they binding

Here there are three opinions, as given above

n. 106,

Quaer. 2.

Mechliniae, 1852.)

Sanchez, Diana, Bonac., Laym., ap. Bouix,

Craisson,

Bouix,

1.

De

c., n.

De

Princip., p. 338.

Ib.

"

Phillips, Lehrb.,

98.
ia

Princip., p. 341.

Cfr. Phillips, Lehrb.,

Ib., p. 344.
"

43, p. 79.

Craiss., n. 100

43, p. 79.

Source of Canon Law.

42

mean those
by declarations comprehensivae we
which do not depart from the ordinary sense of the words
15
of the law which, therefore, are mere explanations of, but
not additions to, the law which consequently have the force
gated

2,

of universal law, and are retroactive.

80. Q. What is the practical consequence of this diver
sity of opinions

A. One of the above opinions denies that the decisions

of the Congr. Concilii have the efficacy of law now, the Holy
See has so far allowed this opinion to be taught in Catholic
schools of learning.
Hence, it is lawful to hold that the
;

16

"

declarations of the Congr. Concilii are not to be received as

Nevertheless, it were rash to assert that
universal laws.
18

for
be practically set at naught;
and
therefore
they are made by authority of the Holy See,
must, at least ordinarily speaking, be complied with."
Si. Have the decrees of the other congregations, v.g. of
the
Rituum," of the Sacra Poenitentiaria, etc., the

these declarations can

Congr.

force of law

that

is,

Church ?

are they binding on the entire

The

three opinions above given also exist in this case.

Hence, what has been said of the Congr. Concilii applies to

all

other
"Bouix,

congregations."

De

"

Princip., p. 344.

Bouix,

De

Ib.,

1.

c..

p. 345-

Princip., p. 345:

I8

17

Ib., p. 347-

"

Ib

->

P- 346.

communissima holds that the decrees and decisions of the

Congr. Rituuin bind in casibus similibus. Gury, vol. i., n 130. Romae, 1869.
20

The

sententia

11

Ib., p. 347-

CHAPTER

VI.

ON CUSTOM AS A SOURCE OV CANON LAW.

VIII.

ART.

I.

Nature and Division of Custom.

82.

Q.

What

custom, and

is

how

is it

a source of

canon

law?
A. i.

Custom may be considered

a/^c/and as a laiv.
Regarded as a fact (consiietudo facti\ it means the repeated
and continuous acts of a community. If custom be viewed
as a law (consuetudo juris), as

we

take

as

it

it

here,

signifies the

effect or obligation produced by the above continuous acts.*

Hence custom as here understood is denned An unwritten
:

law obliging persons to do or omit something, introduced by

long-continued, free and public acts of a community, with
the approbation, express, tacit, or presumed, of its law-giver.*
say law for, as we shall see below, custom has the same

We

force as a written law, and differs from the latter merelv in

the

manner

in

it begins.
We say introduced by con
because custom does not, like a statutory
binding force from the expressed will of the

which

tinuous acts, etc.

law, derive

its

law-giver or from a formal promulgation, but simply from

the long-continued acts of a community.
Hence it is called

We

say community; custom has the

force of law, and therefore binds not merely certain indi

an unwritten

law."

whole community in which it exists. Con

fair that custom should receive this bind
sequently
ing force from the consent, expressed by free and longviduals, but the
it is

but

repeated acts, of the whole community, or at least the greater

6
Hence the repeated acts of an individual or of a
part of it.
8
The word commun
family can never constitute custom.
here
taken
is
in
a
broad
however,
sense, and compreity,
1

3
5

De

Angelis,

Schmalzg,
Schmalzg.,

1.

1.

1.

i.,

i.,
t.

t.

4, n.

4, n.

c., n.

I.

Leur. For. Eccl.,

De

i.

Angelis,

Suarez, de

3.

43

1.

1.

i.,

t.

4, q.

365.

c., n. 2.

leg.,

1.

7,

cap.

7, n. 6.

OH

44

C^tstom as a
clergy or laity of

hends, v.g., cathedral chapters, the

7
diocese, religious communities, etc.

2. From what has been

83.

it is

said,

evident that custom

a source from which springs ecclesiastical law, .both gen

eral and particular.
For custom, properly constituted, pro
duces law, general or particular, binding upon the respect
is

ive

community,

What

Q.

84.

A. Custom

just as strictly

fully as a written law.

are the various kinds of custom

is

different effects,

and

divided as follows: i. According to its

into that which is (a) in full accord with the

written law (secundum legem);

where, by custom,

legem); v.g.,
the law does not require

it;

(c)

(ft)

beside or

fast

beyond

it

(praeter

kept on a day when

is

directly opposed to

it

(contra

legem) v.g., where by custom fast is not kept on a day on

which the law prescribes it. 2. According to its efficient
;

cause, into

or that which obtains throughout

general, which prevails in an entire prov

(a) universal,

Christendom

ince or state

(b]
(c)

which

particular,

exists in

some

city or

formal cause, \\\\.o judicial and

3. According
Judicial custom is induced by several similar
extrajudicial.

town.

to

judicial decisions in the

its

same kind

Two

of causes.

such

decisions given within ten years suffice, provided no con

trary decision was rendered during that time. Extrajudicial

custom

10

established by long usage out of courts.

85. Q. What are the main differences between custom
is

and prescription
A.

Prescription may be introduced by private or

particular persons, while custom can be established by a
i.

11

2.
community only.
Prescription tends to the acquiring of
some right by individuals ;
while custom establishes a law,
.

lz

and therefore affects a whole community, i.e.,

the locality in which the custom prevails. 13
7

9
11

Schmalzg.,
Reiff.,

1.

i.,

1.

t.

c.

4, n.

14 sq.

Craisson, Man., in.

1S

">

Reiff.,

1.

Cap.

9,

all

who

dwell

n, de Consuet.

(i.,

4).

Ib., n. 18.

c., n. 23, 24.

13

Bouix,

1.

c., p.

356.

in

Source oj Canon Law.

\RT.

Of the
?.

II.

Essential Conditions of Custom.

In order that custom

may have

tain conditions are indispensable

munity

of

2,

45

t .io

j<r\an

I,

Pontiff;

the force of law cer

on the part of the com

of custom itself; 4, of

3,

the duration ri CJS .OFI.

87.

part of the community (ex parte communii, by a com

requisite that custom be introduced

On

I.

tatis), it is

llie

2, by the greater part of this society

munity
due knowledge or consciousness; 4, with liberty;
;

3,

with

5,

with

the intention of contracting an obligation, if there is ques

custom praeter legem 6, that the frequency of acts

tion of

be not interrupted

19

before the custom

is

completely estab

We say, i, by a community -that is, not merely

20
one
person or a private family, but by a community that
by
21
or State. Thus, an
can make its own laws, v.g a city
ecclesiastical custom relating to the clergy and laity can be
introduced by the clergy and laity of a diocese, province,
lished.

or country

in

like

manner, a custom pertaining to the

clergy only may be established by the clergy of a diocese

or province. The same holds good of religious orders and
""

We say, 2, by tJie greater part of the society. For Ji

like.
~*
a general rule, that only the acts of a majority are bind
that
say, 3, with due kncnvlcdge
ing on a community.

the
is

We

This condition is of no/

is, not through ignorance or error.
In
for
instance, and perhaps
France,
ordinary importance.
also in the United States, the impression seems to prevail
that rectors of parishes,

who

are

"

ad nutum episcopi revo-

cabiles," may be removed by the bishop in such manner

no case can they have recourse to the Holy See.

19

11

Bouix,

1. c.,

20

p. 357.

Suarez, \)e Leg.,

lib.

c.,

p. 358.

p. 358.

viik, cap. i\., n.

3S

"B^uix,

Ib

Cfr.

that,

Ye

5,

tamen

pars, a, p. 294.
Suare?.,

Neapoli, 1872.

n. ro, in fine.

On Custom

46

as a

the general opinion of canonists that these pastors have,

84
It,
jure communi," the right of recourse in nil cases.

it is
"ex

whether on the part of the bishops or

of the clergy, is based upon an erroneous impression, which
**
appears certain, no right of custom would follow from
their actions in this respect.
i.e.,
4. The acts must be free
therefore, this belief,

20

not extorted by violence or fear; 5, public;

6, the inten
tion of contracting an obligation is the next requisite of cus

This applies chiefly to customs praeter legem. Hence,

of devotion, such as the hearing of Mass on week

tom.
acts

27

days, going to confession frequently during the year, and

the like, do not produce custom having the force of law
;

the acts

7,

contrary action,
88.

On

II.

the part of custom itself (ex parte ipsius consue-

required that customs should be good and rea

hence, they should not be opposed to the divine or

it is

tudinis)

sonable

not be interrupted, even by a single

before the complete formation of cus-

must"

natural

law,"

nor reprobated by canon law, nor give occa

sion to sin; neither should they be adverse to the cor.mon

interests of the community, or subversive of ecclesiastical

"

discipline.

Ex

parte principis. The term "princeps" here

means the supreme lawgiver of a society the Roman Pon
89.

III.

"

therefore rightly called the princeps of the Church."

Now, is the consent of the Pope necessary in order that cus
toms may have the force of law? There is no doubt that
"

tiff is

this

consent

is,

in

some

indispensable.

are laws, and should therefore,

"Bouix,

**Sunrez,

De Princip., p. 359, 360.

De Leg., lib. vii., c. ix.,

"

Reiff.,
SB

St.

1.

c., n.

Liguori,

i.,

^Cfr.
n. 4,

Reiff., lib

and cap.

Tract, de Lege, n. 107.

30
32

Ib., p. 370.

whenever there

i.,

is

Bouix,
Ib.

1.

c.,

p. 360).

p.

Mechliniae, 1854,
364 seq.

question

*U. 4 n

ix., n. i, 2.

129.

lib.

Craiss., n. 120.

For, customs

"

sense,

\th.

Source of Canon Law.

common

of

emanate

ecclesiastical laws,

"

4.7

from or have the

sanction of the

Holy See.
We
The consent of the Pope is, in some sfnse
said
90.
Now, what kind of consent is essential r
indispensable.
The Pontiff may give his consent expressly, tacitly, and
34
i. As
to the express consent, there ran be no
legally.
:

difficulty

for

it

soon as

certain, that as

is

Pope ex

tli j

pressly sanctions a custom, whether it be /-raster or con

3*
tra jus, such custom obtains the force of Jaw.
2. The

Sovereign Pontiff is said to consent tacitly, when, though

aware of a 88 custom, he does not oppose it.
Is this
consent sufficient to legalize" customs, whether praetei
or contra jus ? It is, provided the customs in question
are reasonable, and the Pontiff may easily protest against
38
cannot
them.
If, however, he
prudently protect against

customs, contra jus, v.g., because he may, by his disapproval,

occasion schism, persecutions on the part of the civil power,
and the like, such customs do not prescribe against the law.
to the legal consent, we cannot do better than describe
I. Consensus
words of Bouix: 39
dicitur legalis

3.

As

it

in the

"

quando summus Pontifex

ignorat consuetudinem, et

illi

non

nisi per voluntatem generalem, qua vult omnei

consuetudines rationabilcs et Icgitime pracscriptas firmas esse

consentit

Supponitur autem semper in summo Pontifice voluntas haec generalis." Now, is this con
sensus legalis sufficient to legalize customs ? The question is
et

vim

legis habere.

controverted

the

that this consent

2.

"

sententia multo
sufficient.

is

communior

41

Note,

"

40

affirms

the Pope in thus

i,

2,
consenting is not cognizant of the custom in question
custom cannot be approved by consensus legalis unless
"

"

"

Craiss., n. 124.

**

Ib., p. 372, 373.

40
"L.

c., p. 382.

Suarez,

*"St.

De

Liguori,

Leg.,

Ib., n. 125.

Bouix,

lib. vii.,

lib. i.,

De

"Bouix,

Craiss., n. 126.
1.

c., p.

cap xiii.,
Lege, n 107,

8e

382, 383.

n. 6.

v.

Bouix,

De
1.

Princip.

c., p.

374

p.

371

it

On Custom

48
is

rationabilis

and

as a

Now, when

legitirne praescripta.

toms lawfully prescribed

The answer

is

are cus-

contained in the

following paragraph.
sen diuturnitatis.
91. IV. Ex parte temporis

custom

Now,
besides being good must be legitirne praescripta.
what length of time is requisite to constitute legitimate pre
"

we

Customs,
Before answering,
premise:
scription ?
44
never obtain the force of
which are intrinsically evil, can
law by virtue of prescription 2, if the Roman Pontiff con
I.

custom personally, i.e., either expressly or tacitly,

no need of prescription, since custom, so soon as it

sents to a

there

is

45

obtains this sanction, acquires the force of law.

3. Prescrip
tion, therefore, can legalize those customs only of which the

not cognizant, and to which he can, in consequence,

46
give but a legal consent.
now answer directly: i, With regard to customs
92.
praeter legem, the space of ten years is sufficient. This is

Pope

is

We

47
admitted; 2, as to customs contra legem, there
universally
48
The first holds that the space of ten
are three opinions.

The second distinguishes be

is always sufficient.
49
The
tween laws once received and those never received.
custom
to
the
con
be
decennial
latter may
abrogated by
trary the former, only by one of forty years. The third

years

opinion maintains that the space of forty years

6

is

always

"

necessary.
93.

What

follows from this diversity of opinions ? i. Ten

2, forty years are undoubtedly

years are certainly required

sufficient

custom can abrogate laws unless

Is

good

it

practically speaking,

3,

faith

it

would seem that no

has existed forty years.

indispensable to prescription against laws?

The question is controverted.
6

(contra legem).

41
47
40

Bouix,

"

1. c.,

Reiff., lib.

Bouix,

1.

p. 357.

i., tit.

c.,

4, n. 91.

p. 388.

Ib.. p. 386.

Ib., p. 385.
4H

Devoti, vol.

i.,

"Craiss.n. 135.

p. 38.

<e

Ib., p. 386.

Leodii, 1860.

51

Ib.,

0.136.

"Ib.,

n.

137

Source of Canon Law.

ART.

What

III.

How

are the Effects of Customs ?

are Customs Abro

gated
94. Effects of Customs,

49

custom having the requisite

63

conditions may, I, authentically

pre-existing laws; 3, introduce

interpret laws;

new

2, abrogate
or
laws; 4,
obligations

54

invalidate acts contrary to it.

are customs abrogated?
95.

How

i.

By

In three

Here we must

subsequent laws.

ways

distinguish

be

tween (a) general and particular customs, (b) immemorial

customs (i.e., customs that have existed a hundred years),
and those which are "within the memory of men. i. A
subsequent general law abolishes all general customs opposed
to it, even when they are immemorial, and the law does"
not expressly mention them." We say: general customs ; for
particular immemorial customs are not thus abolished, un
68

law expressly abrogates every

custom, etiam im2. Particular customs, not immemorial, are
memorabilis.
abolished by subsequent laws containing the clause, nulla
less the

obstante consuetudme

3.

Bishops, by their laws, can abro

80
gate any particular custom whatever in their dioceses.
2. By previous laws.
ask Can customs prevail
96.

We

anterior laws, prohibiting all customs to the con

"against
61
?
The
The "sententia proquestion is controverted.
trary
babilior" holds that customs may obtain against a
prior law,

when

the latter merely prohibits, but does not reprobate, cus

to the contrary.

toms"

97.

"

Reiff., lib.

"Craiss.,
19

Are these

Q.

i.,

tit.

4, n.

n. 139.

Bouix,

1.

Bouix,

I.e.,

c.,

p 394.

principles applicable to the decrees of

M

158-160.
"Reiff.,

60

St.

1.

Liguori,

1.

182.

c., p.

390-393.

""Craiss.,

Ib.

n. 140.

lib. i., n. 109.

"

p 396 seq.

"

Bouix,

c., n.

Suarez,

De

Leg.,

lib. vii

cap. xix., n. ig, 20

On Custom

^o

as a Source of

the Council of Trent

Canon Law.

can the Tridentine decrees be

customs
to the contrary ?
abrogated by subsequent
A. There are two opinions The first seems to hold that
some disciplinary 3 decrees may be abrogated by customs to
the contrary. There is no doubt that in France, and other
countries where the Council of Trent is promulgated, somfe
i.e.,

of

its

decrees were either never reduced to practice or have

desuetude. The second opinion maintains that cus

fallen into

toms can

in

no case abolish any of the

"

Tridentine decrees.

In fact, Pius IV., in his bull confirming the Council, ex

pressly declared that its decrees shall have force against any

custom whatever that may afterwards be introduced. It

would seem that the Holy See, in its decisions, has always
adhered to this opinion. 06 The Council of Trent is not, in
its entirety, published in the United States.
98. Q. What is to be thought of some ecclesiastical cus
toms prevalent in the United States ?
A. Kenrick 07 replies:
Legibus ecclesiasticis in hac
regione plura solent fieri haud consentanea, quae utrum vim
"

"

consuetudinis assecuta

sint,

vix

commendandos censemus,

ter

ciplinam, a

audemus

dicere.

Vehemen-

qui universalis Ecclesiae dis-

primo Concilio Baltimorensi valde commenrerum adjuncta patiuntur, in omnibus

datam, quatenus
imitantur."

3. By customs to the contrary. For, legitimate cus-.

toms have the force of laws now, a prior law is abrogated
by a subsequent law of an opposite character. Hence also
previous customs may be abolished by subsequent customs
99.

to the contrary.

M Cfr.
"Cfr.

87

Mor

Craiss., n. 144.

Devoti, Prolegom., n. 50.

Tract. 4, pars i., n. 42.
,

"Bouix, 1.
""

Cfr.

c,

p.

399-409.

Bened. XIV.,

"Bouix, 1. c.,

p.

409

Instil. 60, n. 7.

CHAPTER

VII.

ON NATIONAL CANON LAW.

ART.

I.

Nature and Essential Conditions of National Canon Law.

100.

tion.

National canon law (jus canonicum nationale) is de

of ecclesiastical laws peculiar to a na

The body

fined:
1

By

not mean the peculiar

nation
which are merely
or
country
but those which are at variance with

national canon law

we do

ecclesiastical laws of a

praeter jus

commune,

(contra jus commune). Some authors, however, include

in the national canon law those laws also which are praeter
it*

commune.*

jus

101.
in

National canon law

three ways:

i.

the very beginning

It
;

obtain in a country, chiefly

be national or exceptional from

may

may
it
may become

or

national, in that the

jus commune, having everywhere

undergone change,
remains unchanged in a particular nation/ 2. Again, the
ecclesiastical law governing a nation may be exceptional from
else

two ways

the very beginning in

by virtue of simple
privilege, whereby the general lawgiver exempts a nation
from the universal law b, or by virtue of some onerous con
:

a,

3. Again, the privilege of exemption from the com

law may be acquired by a nation, either by the express

tract."

mon

consent of the general superior or by custom having his

tacit consent.

Craiss,

Mb.,

n.

n. 146.

146.

Boiiix,

*Bouix,

De
1.

Princip., p. 74.

c,

p. 74.

Craisson, Man.,

Mb.

n. 148.

Mb., p 75

On National Canon Law,

52
1

We

02.

ask

Can

canon law be considered

national

legitimate without the consent or authority of the Roman

All national canon law is more or less a de
Pontiff?

hence it
rogation from the common law of the Church
8
the
sanctioned
unless
cannot become lawful
Pope.
by
;

Afe say, by the Pope ;* for no other power, whether civil

or ecclesiastical, can dispense from or repeal in part the
Not the civil power, as
universal law of the Church.
1

evident

is

nor an

such

as

Pope,
or provincial,

ecclesiastical

councils,

no

for

i.e.,

some

power

whether

council

approved by the Sovereign

far from being competent to
in

"

is

the

National councils,
or annul in part

Pontiff.

alter

the jus commune of the

particular country

Church, are themselves bound

to

inferior

oecumenical, national,
oecumenical save when

to observe

it

this

holds,

a fortiori, of provincial councils, bishops, and other ecclesi

astical

superiors."

says Bouix, the Church, out of com

passion for the weak, often tolerates in different parts of
the Catholic world, customs which are opposed to hrr
103.

For the

general law.
104.

rest,

"

Can the Sovereign

Q.

Pontiff annui

all

national

canon law ?
A. We reply in the affirmative. For, national canon law,
13
whether originating in custom, statutes, privileges, or con
cordats, depends upon the express or tacit sanction of the
Pope. Now, as it is in the power of the Pontiff to give his
w
he at liberty to withdraw it, and thus
consent, so also is
wherever it may
abolish the "jus canonicum nationale
"

exist.

may, however, be asked whether national canon

law, based upon concordats or solemn agreements between
105. It

Bouix,

Mb.,

Cfr. Craiss., n. 147.

p. 7513

p. 76, 77.

M Cfr.
Bouix,

1.

Cfr. Phillips,

c., p. 77.

)0

Kirchenr,

"

Bouix,

vol. v.,

1.

c., p. 76.

206, p. 95.

Ib

On National Canon Law.

the

Holy See and

civil

may

governments,

53
be annulled by

There can be no doubt that the Holy See

the Pope.
15
a
as
bound,
general rule, to observe these agreements.

is

We

say, as a general rule ; for it is commonly held by canonists

that the Pontiff may recede from concordats when there are

In fact, it is controverted whe

doing.
are
contracts
ther concordats
proper or mere privileges.
"

just reasons for so

it seems to be commonly admitted that in all agree

Sov. Pontiff this condition is
ments entered into by the
understood Nisi aliud exigat causa gravis et extraordinaria

Again,

"

propter

bonum commune

ecclesiae.

ART.

Of American Canon

II.

La\v, or of the National Canon

Law

of the

United States.

106.

Q.

What

is

meant by American canon law

A. By the national eccl. law of this country we under

stand the various derogations from the "jus commune," or

among the churches in the

United States, and are sanctioned or tolerated by the Roman
18
Pontiff.
We say, are sanctioned or tolerated by the Roman
was seen, no national law can become legiti
Pontiff" ; for, as
mate except by at least the tacit or legal consent of the Pope.
the different customs that exist

"

"

"

Again, the

of a nation always remains

particulare
subject to the authority of the Holy See in such manner as
ao
to be repealable
at any time by it.
Hence, the jus nationtie,

tt

or the exceptional ecclesiastical laws prevalent in the

Soglia, vol.

M Cfr.

Bouix,

"Craisson,
"

"jus

Bouix,

De

i.,
1.

p. 117.

c.,

p. 78, seq.

Cfr. S. Liguori,

De

Priv., 15.

n. 150.

Princip., p. 84.

*Clr. Craisson, Man., n. 151.

Cfr. Craisson,

Man.,

n. 151.

Bouix,

1.

c. f p.

8.

On National Canon Law.

54

United States, may be abolished

at

any time by the Sovereign

Pontiff.

f^iP

107. Peculiar Features

The Oo-eneral character of

of our National Canon Law.

the national canon law of the United

States, as contained in the Plenary Councils of Baltimore

and

in

the decrees of the Provincial and Diocesan

of this country,

country which

that of a missionary country

not yet converted to the faith.

is

is

Synods
i.e.,

of a

Now,

in

missionary countries the disciplinary organization or regime

of dioceses is naturally imperfect and inchoative in the be
ginning, and only develops itself gradually, in proportion as
the faith spreads and the Church flourishes. As a rule, the
S. C.

de P. F. at

first

appoints for such a country a priest in

Afterwards, when the

the capacity of Praefectus Apostolicus.

more advanced, it appoints a Vicamade a titular bishop, i.e., a bishop in

when the diocesan organization has pro

diocesan organization
rins Apostolicus,

part. inf.

who

Lastly,

is

is

gressed farther, bishops with residentiary sees are appointed.

Still, even these bishops and their dioceses remain under
the sole direction of the S. Congr. de Prop. Fide, and retain
their missionary character until the diocesan regime becomes
perfected to such a degree as to be in
the sacred canons.
108.

The organization

full

conformity with

of parishes in missionary countries

gradual manner. At first, there will

be simple missionaries travelling from place to place, and
gathering together small and scattered congregations which

progresses in a similar

be nothing but missions. As these missions or congre

gations grow and prosper, they assume the character of
quasi-parishes with fixed limits, and the missionary becomes
will

a resident rector or

quasi-parocJnis,

and should not be re

moved by the bishop without sufficient cause. Finally,

when the quasi parish has acquired a stable existence and
become possessed of sufficient income for the maintenance
of divine worship, whether

in the

orm

of pew-rents, collec-

On National Canon Law.

tions, etc., or of

a parish

in

the

55

other sources, it is raised to the dignity of

and canonical sense of the term, and its

full

The de
rector becomes a canonical parish priest proper.
crees of the respective Plenary, Provincial, and Diocesan
Synods regulating this peculiar condition of things consti
tute the national canon law of a missionary country.
When a diocese and its parishes have thus become proper
ty organized, it is transferred by the Pope from the control
of the

Propaganda

Congregations,

to that of the other respective

especially of the bishops

the Council, and thus

and

falls

109.

Sacred
and regulars and of

ceases to be a missionary diocese

under the general disciplinary law of the Church.
it

The missionary condition

of

the

Church

in

the

United States is fast passing away, except so far as concerns

some few dioceses of the far West and extreme South. In
the greater portion of this country, magnificent churches,

capacious schools, and

houses have sprung

These parishes have, as a rule, an abundant
fine parochial

up on all sides.
income in the shape of pew-rents and collections or dona
It is indeed no exaggeration to say that our parishes
tions.

more flourishing condition than

the Catholic countries of Europe.
No wonder, then, that
our wise and glorious Pontiff, Leo XIII., happily reigning,
has. through the Third Plenary Council of Baltimore, caused
are, generally speaking, in a
in

such laws to be made, especially respecting diocesan conthe election of bishops, the appointment and re

suitors,

moval

of a

number

of rectors, as bring us nearer to the

eral discipline of the

Church.

gen

CHAPTER

VIII.

ON PRIVILEGES (DE
ART.
Nature, Division,

PRIVILEGIIS).

I.

etc.,

of Privileges.

Privata lex aliquid speciale

privilege is defined
concedens contra vel praeter jus."
privilege is, i, a law
not in the sense that those who receive a privilege are
1

10.

"

(lex),

but because others are pro

hibited from placing any obstacles in the way of the use or
2. A privilege is termed a private
exercise of

make use

of

also

bound

law

in the sense that a favor is

(lex privata), not

to

it,

privileges."

granted to

one person only, but because by privileges a special right or

favor is by a particular law conferred, either upon an indi
This special right may be either
vidual or a

community.

contra or praeter jus

commune.

being private laws are of force without

cause
solemnly promulgated. Hence, in order to
to respect a privilege, it is sufficient to inform

111. Privileges

being
other parties

them of it privately, either by showing them the rescript or

in some other manner.
H2. Privileges must be made known to ordinaries, I,
even when thi^ is not demanded by them, if the privilege
4

"

contains the clause

when

there

is

"

certioratis

question of publishing

Ferraris, V. Privilegium, art.

"Reiffenst., lib.
"Suarez,

De

locorum ordinariis

v.,

Leg.,

Decretal,
lib. viii.

i.,

tit.

cap.

also

new indulgences

n. i.

xxxiii., n. 3.
i.,

56

Edit. Paris, 1869.

4

3, 4.

Craisson, Man.,

a. 157

On

57

Privileges.

on demand of ordinaries those privileges must be exhibited

which relate to the exemptions of religious institutes, pro
vided these exemptions are not sufficiently known.
113.
privilege differs from a dispensation in

this, that

the latter, being merely an exemption

from the universal
a
it
in
a
or
of
law,
suspension
particular case, is not a law,

not even a

lex

"

A privilege,

permanent.

mere permission
few

privata,"

and

therefore not necessarily

is
distinguished from a

is

moreover,
8

(licentia);

the latter being given only for

acts.

Privileges are divided: i, into privileges

v.g., exemption from the jurisdiction of the

114. Division.
"

contra jus

"

ordinary, and into privileges praeter or ultra jus

v.g., the
power to absolve from reserved cases, to grant dispensations,
"

"

"

privileges are real, personal, and mixed.

privilereale
attaches proximately and immediately to a thing,
gium
office.
place, office, or dignity it passes to the successors in
etc.

2,

"

"

"

Kenrick gives an instance of a

gium

est reale, altaris

applicabilis

real privilege

Sic privile-

cujusdam, quod indulgentia plenaria

*
in eo impetretur.
A
1

defunctis a cclebrante
"

privilegium personale is one that is conferred directly upon

a certain person,
ratione sui
i.e., in view of his merits
it is not transmissible if attached to an individual, but if at
"

"

"

;"

tached to a moral person

in

force,

per

se,

so long as

Privilegium mixtum

community
the community

i.e.,

it

continues

itself

14

exists.

"

partly personal and partly real."

Some
115.
3.
privileges are contained in the body of
the canon law (privilegia in corpore juris clausa) others

"

is

Phillips, Lehrb.,
"St.

II

Liguori,

Priv., n.

Rciff.

Ib.

i.,

n. 3.

De Leg., lib. viii., cap. iii., n. 2.

De Jure Regular., torn, ii., p 75.

Bouix,

*R"ifT.. 1.

c.. n.

u.

1.

c., n.

159.

Ib.

Genuac, 1768

lib. v., tit. xxxiii., n. 12, 13.

Su.trez,

Craisson,

i.

Ferraris, V. Privilegium, art.

11

"

De

92, p. 176.

"Mor.

Tract.

4,

Neapoli, 1872.
Paris, 18^7.

pars,

i.,

n. 62.

On 1yrivileges.

58

conferred by special letters

dults (privilegia extra corpus juris).

v.g.,

are"

116.

4.

gratiosum when given, not in view

remunerativum, when bestowed as a reward
cowuentionale, or purum, according as it is

privilege
n

of any merits;
or recompense

is

based upon an agreement, or not so

117.

of time

18

for

i.e.,

when bestowed

based.

given without limit

an indefinite period they are temporary

Privileges are perpetual

5.

13

if

a certain period
Privileges are per se and

uS.
ad instar are
6.

bulls, rescripts, in-

for"

v.g.,

ad

ten years.

instar.

Privilegia
those which are granted on the model of

21

other privileges.

named communia when they are

bestowed upon communities privata, when given to indi
viduals.
A person may renounce his own 23 private privi
to a
lege, but he cannot give up a privilege pertaining
a
Thus
clergyman is
community of which he is a member.
119.

Privileges are

7.

not at liberty to
fori)
1

where
20.

it is

23

disclaim the benefit of clergy (privilegium

in

force."

Privileges are usually granted by the

8.

Pope

in

sometimes also orally (privilegia vivae

writing (litteris)
vocis oraculo concessa). 9. Again, the Pope bestows privi
;

motu proprio

leges either
121.

Who

Q.

A. Only

"

or ad instantiam.

can bestow privileges?

who have the power to enact

a>

those

laws.

may everywhere concede privileges

contra jus. Bishops may confer privileges, by which exemp
statutes made by themselves or their
tion is granted from
Hence, the

Pope alone
"

predecessors.
"

18

11

"

84

Ferraris, V. Privileg., art.

Ib.

"

Reiff.,

Cfr.

i.,

"

n. 4.

Reiflf., lib. iv., tit. xxxiii.. n. 18.

1.

c., n. 20.

Blackstone, bk.

iv

Phillips,

1.

c.

De

Craisson, Man., n. 160.

Phillips, Lehrb.,

Jur. Regular., torn,

92, p. 176.
ii.,

p. 75.

ch. 28.

Cfr. Kenrick. tract iv., pars,

**

Bouix,

i.,

Craisson,

n. 65.
1.

c.,

n. 161.

Reiff..

1.

c., n.

6.

On

59

Privileges,

Privileges are acquired, i, by concession of the

2
2, by lawful custom when there is ques
proper superior;
tion of a community
by prescription in the case of private
122.

"

"

persons

3,

among

regulars, by communication."

123. As a rule, privileges, though not containing a de

rogatory clause, may nevertheless derogate from the com.
mon law of the Church 31 but when the)7 are to restrict the
;

jurisdiction of the ordinary, the parties interested should be

32
heard in their own behalf, except where the Pope directs

otherwise.
124. Privileges, in

order to be valid, need not, ordinarily

writing

speaking, be given in
125. Does a privilege properly conceded take effect as
soon as it is conferred, or only when it comes to the
knowledge of the privileged person ? The question is de

The more probable opinion appears

bated.

to be

that

which thus distinguishes 34 If the privilege is bestowed

motu proprio, and not at the request of the privileged party,
:

it

does not usually take

the notice

however,

effect before it has been brought to

and accepted by, the privileged person. 30 If,
is conceded at the solicitation of the
privileged

of,
it

party (ad preces privilegiati),

it

takes effect immediately

upon

36

Hence, where the Tridentine decree

being granted.
Tametsi obtains, a priest having written to the bishop or
37
parish priest for permission to bless a marriage can assist
at the marriage, even before
validly
receiving an answer,
8

"

38

provided the permission was really given before the cere

mony took place. The same holds true of all cases where
dispensations or other faculties are asked from the bishop.
**
10

**

M
**

Reiff., lib. v.

tit.

Suarez,

De

Craiss

n. 162.

Cfr. Reiff.,

We

Leg.,

1.

xxxiii.. n. 38.
lib. viii.,
33

c., n.

cap.

Ib., n. 163.

42-46.

vii., n. 4, 5.
S4

Bouix,

Craiss., n. 161.

"St.

Liguori,

De Jure

De

Priv., n. 2.

Regular., vol.
37

Ib., n. 46-48.

ii.,

p.

76

Ib., n. 48.

say validly ; for he cannot do so tawfullv except for sufficient reasons

(Cfr. Reiff.,

1.

c., n. 48.)

Bouix,

1.

c., p. 76.

On

60

Privileges.

following practical rule of conduct, observable of

course also in the United States, may therefore be laid
en a priest has written, or sent a messenger, to
down

The

Wh

the bishop or chancellor for a dispensation or for faculties to

absolve from reserved cases, he may, upon reasonable cause,
for whom he asked the dispensation, or
absolution
from
reservations, even before he receives
impart
the answer of the bishop or chancellor, provided he has rea
son to believe that the faculty was really granted at the

marry the parties

time.

49

The renewal (innovatio)

126. Confirmation of privileges.
41
confirmation (confir mat id] of privileges aliud non
or rather
est

corroboratio privilegii legit line

quam

jam

Under

habit

7."

circumstances, privileges already possessed by a

43
person must be renewed, or, rather confirmed.
They
are confirmed in two ways: i, in forma communi
2, in
certain

forma speciali i.e., ex certa scientia.

each of these confirmations are given

44

The

in

effects

of

by Reif-

detail

fenstuel."

m ike

use of his privileges.

are several exceptions

bonum commune or if
;

We

40

to

when

it

presumed

is

bound

is

say, as a rule

to

for there

the privilege redounds to the

a privilegium reale

We

i.

use of presumptive dispensations.

them, but not when he

we

v.g., if
it is

a rule, no one

We

46

must not be misunderstood,

make

tive

As

The use of privileges.

127.

that the bishop,

do not

/>,

affirm that

attached

it

For, dispensations are

if

applied

to,

is

allowed

presump

would readily grant

2. Nor do
actually asked for them, as in our case.
hold that a priest can, as a rule, absolve cum jmisdictionc dubin, in dubio

is

when he

is in doubt whether the

bishop has given him faculties in
our case, the petitioner, though not officially informed, is never
theless morally certain from other sources
;/.*., because he knows that the let
ter reached the bishop or chancellor and that the
thai
faculty is never refused

facti

v.g.,

the case

for, in

the bishop has granted the faculties.

Il8 voi ii., n. 549.)

(Cfr.

Gury., Edit. Ballerini, vol.

i.,

41

Cfr. Phillips, Lehrb., p. 176.

44

Boiii.x.

1.

c.,

p. 78.

Reiff.,

L.

1.

c., n.

c.,

n 73.

43

Phillips,
"

77-82.

1.

c.

Craiss., n. 166-

On

Privileges.

io a place, dignity, or state, such as privileges of bishops and

regulars in these and several other cases, privileged per
;

sons cannot renounce their

128.

privileges.

How

are privileges to be explained?

must distinguish between extensive and

Q.

We

A.

47

The former

prehensive interpretation.
the meaning of a law is

extended

com

that by which
to other cases and
is

persons, beyond the wording of the law, and at the same

time beyond, though not against, the intention of the law

The latter is that by which the meaning of a law
giver.

extended beyond

is

its
4

of the

tion

words, but not beyond the inten

Again, privileges may be inter

lawgiver.
preted by the law-maker himself (interpretatio auctoritativa,
4
definitiva) or by private doctors
(interpretatio doctrinalis).

Having premised
are

"contra
60

ties,

we now answer

this,

Privileges, which
prejudicial to other par

jus commune," and

must be

strictly

construed; except, however, i, when

motu proprio
or
2, or given

they are in the Corpus juris

"

"

bestowed upon religious communities."

129. Q. How do privileges lapse?
A. \. By revocation (revocatione). The
Sovereign Pon
tiff can, where the
of
so
good
religion
requires, revoke privi
The Council of Trent revoked many privileges
leges.
3,

number having become too

great. Privileges may be

63
revoked
even
without
validly
any cause but when they
were conceded as a recompense, or have the force
con
Revocation may be express
tract, a just cause is required.
or tacit.
Express revocation is either special or general.
General revocation is subdivided
into ordinary and extra
their"

of"

5:

2. The
Pope is especially free to revoke privi
when they are granted conditionally i.e., subject to

ordinary.
leges
4T

Craiss., n

H
*

166.

Bouix.

Ferraris;,

V. Privile^.,

Ib.

Bouix,

De

art.

Craisson, Man.,
Jur.

ii

1.

4*
,

"

69.
;

L, p.

Reiff.,

p. 78.

n.

Regular., vol.

n. 27.

80

Phil ips, Lehrb.,

Rciff., lib

v., tit.

c.,

n. 95, 96.

92, p. 177.
xxxiii., n.

12*

On

62

Privileges.

Privileges thus conditioned lapse at the de ith

usque ad beneplacigrantor, when they are given
but they continue to be of force even after
turn nostrum

revocation.
of the

"

"

"

usque ad
they are bestowed
donee
beneplacitum," or with the words,
"

the death of the grantor,

apostolicae sedis
revocavoro."
1

he

person"

3.

51

"

Personal privileges lapse with the death of

privileged.
M

4.

may

Privileges

also lapse,

by

given up or renounced (renunare

lost, and that sometimes ipsc
Privileges

being expressly or
tiatione).

if

5.

tacitly

60

being abused. Clerics, for instance, living like

laymen, are deprived of the benefit of clergy."
facto,

by

"

"

"

Phillips,

J.

c.

Ib.,

1.

Ib., p. 177-

"

r., p.

177.

Ib.

"

Ib.

Reiff,

1.

c.,

n.

i76-lo.

CHAPTER

IX.

ON THE HISTORY OF THE COMMON CANON LAW OR ON

THE HISTORY OF THE CANON LAW OF THE ENTIRE
CHURCH.
;

ART.

Of Collections

of Canons

in

1.

General (De Collectionibus Canonum

in Geuere.)

Down

to the second, and perhaps third, centuries of

Rules laid down
the Church, the Sacred Scriptures and the
by the Apostles," or apostolic men, constituted the law of
130.

"

the

Church

in

the East as well as in the West.

Later on, however, numerous canons were framed

by councils. The canons of councils and the decrees of
Sovereign Pontiffs were at various times collected into one
131.

code 1 and arranged in a methodic manner. These codes

were named Collectiones Canonum. The history of canon
3

law, therefore, may be appropriately called

Collections of the Sacred Canons," or also

Sources

of

Canon

History of the

"

"

History of the

Law."

132. In order to form a correct idea of the canons of the

Church, it is necessary to know the nature both of the dif
"

ferent collections

We

and of the canons themselves.

words on each.

therefore say a few

1

1
4

Bouix.

De

"

Princip., p. 425.

Cfr. Devoti, Prolegom., cap. iv.,

Walter, Lehrb.,

51.

i.,

p. 86.

1860.

Phillips, vol. iv.,

61.

Salzano, Diritto Can.,

Soglia, vol.

"Leodii,

vol.

i.,

p. sq.
63

167.

shall

On

64

the History of the

Character of the various Collections. The great

consisted in this, that the canons
utility of these collections
which were scattered through many volumes were grouped
together and exhibited to the view of the student at a
Moreover, these collections, when made by public
glance.
the genuine from the
authority, served" to distinguish
I.

133.

spurious canons.

few observations in regard to these

collections in general will suffice.

K i n matters of faith there
I34
.

out the whole Church.

una omnino

fidei

est,

For, as

must be unity through

Tertuliian says
Regula
"

immobilis,

sola,

et

irreformabilis."

matters of discipline, different practices may lawfully

But.
in other words,
exist in the various parts of the Church
national canon law may lawfully obtain among the different
in

nations of Christendom.

"

Hence,

some churches

v.g.,

the

had their collections,

Oriental, the African, the Spanish
which contained not only the canons of the universal
Church, but also those of the respective particular church.
2. The mere placing together of canons in one col
135.
lection
adds, of itself, no weight to the canons themselves.
Hence, canons compiled in a code by private authority have
"

out of the
no other authority than what they would have
If canons, therefore, are to have any authority
collection.
ratione collectionis," the collection itself must be made, or
"

approved, by public authority. Collections, there

by the authority of
fore, of canons when made or received
the Holy See or oecumenical councils, are binding on all
at least

but when made by authority of the bishops of a

n;,tion or country, on the faithful only of such country.
^6. 3. Finally, canons or collections are apocryphal or
M
when not ascribed to the proper author or
the faithful

supposititious
^ h -n interpolated or altogether spurious.
"

Soglia, vol.
1(1

i.,

p- 36.

Salzano,
"

Tb.

Ib., p.

11

Soglia,

c.

87

1.

c.. p.

Ap. Soglia,

58. 59.

Salzano,
Ib.

I. c.,

I. c.,

p.

p. 59.

"6

Common Canon Law.

65

Nature of the Canons themselves. As the sub

law is threefold, namely, faith, morals,
ject-matter of canon
and discipline, so there are three kinds of canons i, canones
2, canones morum
3, canones
fidei or canones dogmatic!
II.

137.

disciplinae.
1

those
33,._i. Canones dogmatici are

credendum
stitute a

"in

quibus aliquid

Two

proponitur."

dogmatic canon

things are required to con

that the truth enunciated in the

I,

be proposed by the Church.

As to the marks by which canons are known to be dogmatic,
1

canon be revealed;
see Soglia.

morum

Canones

humanis actibus, propter

relate to those things

se, honesta sunt vel turpia,

"

I!

vel

agenda vel

found

"

it

17

2.

!3Q.

2,

that

Many canons

omittenda."

Decretum Gratiani

in the

oaths, adulteries,

thefts,

quae in
adeoque

of this kind are

regard to contracts,
As these
like.
and
the
usuries,
v.g., in

canons either enjoin what is intrinsically good, or prohibit"

what is intrinsically evil, they can never be abrogated.
are those
qui feruntur ad
140.
3. Canones disciplinares
"

cultus sanctipuritatem fidei, honestatem morum, divinique

To this class belong those canons: i,
tatem tuendam."
and other ecclesiastical penalties
censures
which decree
2, or lay down the precept
heretics, adulterers, etc.

against
of paschal

or also regulate the appointment

to ecclesiastical offices; 4, or regard the administration 01
21
observe
the sacraments,, sacred rites, and the like.
canons may be, according to Cardinal
here that

communion

3,

We

although

as
Soglia, divided into three kinds,

was

nevertheless more usually divided into

dogmatic and

namely, into

just seen, they are

two k nds

only,

disciplinary."

"

ie
"

Soglia,

1. c.,

13

8.

Ib.

9, p. 16.

"

Ib., vol.

Ib.

i.,

p. 21

p. 19.

Ib., P. 20,

12.

Ib., p.
"Ib.,

"Ib.,

10.

13. P- 20.
p. 15

&8.

On

66

the History

ART.

Of

Law

of Canon

the State

of the

II.

in the Oriental

Church

Eastern

canons of the

Eastern

Collections.

141.

The

Church are

chief collections of

The celebrated and very ancient Collection referred to in

the Council of Chalcedon (451).
In actione 4*2 and \\a of this
Council, we read that certain canons were read, by order of
24
the Council, out of a code or book of canons. There is no
I.

doubt, therefore, that a collection existed at the time

its

compiler, however, is entirely unknown. It contained 166

canons, enacted respectively" by the Councils of Nice,

Ancyra, Neo-Caesarea, Gangra, Antioch, Laodicea, and

M
Constantinople. Phillips holds that this collection had no
official character and was not
recognized by the Council of
Chalcedon as having authority in the entire Church. Salhowever, maintains that, although the collection
comprised the canons of the Eastern Church only, it was
zano,"

nevertheless approved by the entire Church in the Council

of Chalcedon.
I 42
II- The Collection
of John, surnamed Scliolasticus.
This author added to the above collection the canons of the
Apostles, of the Councils of Sardica, Ephesus, Chalcedon,
also 68 canons taken from the
Epistles of St. Basil." The
-

collection

is divided into
fifty titles, treating first of bishops,
then of priests, deacons, etc. After John was made Patri
arch of Constantinople (A.D.
another col
564) he
"

compiled

which were grouped together not only the canons

lection, in

Soglia, vol.

S4
i.,

p. 92.

18

Soglia,
"

19

1.

c., p.

93.

Diritto Can., vol.

Bouix,

De

i.,

Cfr.

Bouix,

De

Kirchenr., vol.

p. 61

o?.

Princip., p. 420, H ;i.

Princip.,
iv.,

p.

415, 416.

Ratisbon. 1851

169, p. 20.

Soglia,

1.

c.,

p. 93.

Common Canon Law.

67

of the Church, but also the laws of the empire which had
any relation to the laws of the Church this collection was
;

consequently termed Norno-Canon.

Collection of Phot his, Pseudo-Patriarch of Con
-Fhotius
stantinople
compiled his Nomo-Canon in 858, and
31
divided it
into fourteen titles.
It contains the seeds of
III.

143.

the

Greek schism.
IV. Commentaries on the

144.

ten by the

mon

in

1 1

monk Zonaras

in 1120,

code were writ

Greek"

and by

Theodore"

Balsa-

70.

V. Synopses or Abridgments of the code were made

by Simeon, the master and logothete, by Aristenus, Arsenius
34
(1255), Harmenopulus (1350), and others.
145.

VI. State of Cation Law in the Greek and Russian

146.
Church at the present day. The collection of Photius, the
commentaries of Zonaras and Balsamon, and, finally, the
85

enactments of the various patriarchs, constitute, so to

the
say,
body of laws by which the Greek Church is gov
erned at present. The Russian Church is, at present, ruled
latest

chiefly by the decrees of the so-called "Holy Synod"

a permanent senate instituted by Peter the Great in 1721.

ART.
History of Canon

Law

in

Dionysius Exigmis, of

Ill

the Latin

Church

Isidore Mercator,

Collections

of Gratian,

of

etc.

147. The collection or code of canons of the Councils of

Nice and Sardica, 37 which had been translated into Latin,

was

for a long time

the
i.e., down to the sixth century
collection
received
in
the
Western
or
Latin
only
publicly"

"

"

**

"

Salzano,

"

1.

c.,

p. 64.

Walter, Lehrb., $
Tb

Bouix,

De
"

"

Ib.

Princip., p. 426.

Soglia, vol.

i.,

p. 94.

Cfr. Salzanu, vol.

i.,

p. 64.

Prin., p. 422.
4

Ib.,

73, p. 125.
""

De

Bouix,

74.

Devoti, Prolegom., n. 57.

On

68

the History oj the

Church.

It is true that
already prior to the sixth century
there were Latin translations of the entire Greek code or
collection of canons,
namely, the Isidoran and the Prisca."

But neither obtained public

authority before the period
40

in

nuestion.

The

148.

following

chief collections of .he Latin

Church are the

I. Collection
of Dionysius Exiguus in the Sixth Century.
Devoti 41 says of Dionysius:
Fuit hie Dionysius instituto
monachus, natione Scytha, moribus et domicilio Romanus,
doctrina vero et vitae integritate
He came to
praeclarus."
"

Rome
536"

Df

after the death of

or

It is

540."

Pope Gelasius (f 496) and died in

matter of controversy whether
any code

canons of the Latin Church existed previous to the

Diony44

sian collection.
149.

parts

The

collection of Dionysius is divided into two

one contains the canons of councils the
other, the
;

epistles of the

Roman

Pontiffs.

46

The

part embraces
the canons of the
Apostles, the canons of the Councils of
Nice, Ancyra, Neo-Caesarea, Gangra, Antioch,
first

Laodicea,
Constantinople, Chalcedon, and of the Councils of Africa
the second, the decretal
epistles of the Sovereign Pontiffs

"

from Siricius to Anastasius

150.

47

II.

This collection attained to

great influence through
it had no
public au

out almost the entire Church,

though
It was
thority or official character.

afterwards, however,

4*

to a certain extent,
approved by the Apostolic See, as we
learn from the fact that
Pope Adrian I. presented it, with

some

additions, to

Charlemagne,

in

order that

serve as the code of laws for the churches of the

it

might

empire."

"

Devoti,
49
44
4)1

48

1.

n. 58.

c.,

Phillips, vol.

Soglia, vol.

Bouix,

1.

Bouix,

Darras, vol.

1. c.,
ii.,

L.

p. 431.

c.,

n. 59.

p. 138.

"

i.,

c.,

Soglia, vol.

Cfr.

iv., p. 35.

p. 95.

p. 436.
i.,

p. 95.

Craiss., n. 176.

Devoti,

1.

c ., n. 60.

Ib., n. 61.

Common Canon Law.

151.

Other collections of

less

69

note are

I,

Collection of

Martin, Archbishop of Braca, who died in 583; 2, Breviatio or indiculum of canons by Ferrandus, deacon of Car
St.

thage (ann. 547)

3, Breviarium or collection of Cresconius, an African bishop, who flourished in 697.
;

II.

152.

On

Collection

of Isidore Mercator

in the

Ninth Cen

head we merely sum up the arguments given

i. This collection was
regarded as genu
ine by all canonists and theologians for seven hundred
years
that is, from the ninth to the fifteenth century. 51 2. The

tury.

our

in

this

"

Notes."

celebrated Cardinal Nicholas of Cusa, usually called Card.

Cusanus (f 1464), was the first who questioned its authenticity.

That the Isidoran collection is spurious, at least in part,

there can be no doubt at the present day. 53 3. France is as
signed as the place whence probably it was issued it came
into use between the years 829 and 857.
4. It wrought no
52

material change in the discipline of the Church;" 4 for even

those documents which are spurious only reflected such doc
trines as were universally believed at that period. 65
153. Collections of less importance" are:

I,

Collection oi

Regino in 906 2, collection of Burchard, Bishop of Worms,

which appeared between the years 1012 and 1023; 3, collec
tion of Anselm of Lucca (f 1086); 4, of Cardinal Deusdedit, which was dedicated to Pope Victor III. (1086-1087)
5, of Yvo of Chartres (f 1117); 6, Liber Diurnus, which is
thus described by Bouix
Romani Diurni nomine appellatur codex in quo, praeter formulas scribendi, continentuj
;

"

"

insupcr ordinationes

Summi

Pontificis,

professiones fidei

This Liber Diurnas was probablj

soon
after
the
compiled
year 714, and served as a chanoenf

privilegia, praecepta," etc.

book."

11
**

Soglia, vol.

i.,

p.

31-38.

Devoti, Proleg., n. 68.

Bouix,

H L

De

c., p.

Princip., p. 456, 457.

464.

"

Ib., p. 97.

Phillips, vol.

**

Phillips,
*

Walter,

1. c.,

Ciaiss., n. 177.

iv., p.

87,

88

p. 128-132.

p. 183.

Bonn, 1839.

On

70

the History of the

Gratia a was
III. Collection of Gratian in 1151.
154.
born at Chiusi, in Tuscany, and became a Benedictine monk
Bologna, where, in the year 1151, he issued his cele
brated work, now commonly known as the Decretum GraIt is not simply a collection, but a scientific and
tiani.
at"

The

chief object of the

to explain and reconcile the
various seemingly contradictory canons as they existed in
81
the collections of that period.
practical treatise on canon
work seems to have been

155.

The Decretum

is

law."

made up

of texts from the Sacred

coun
Scriptures, of fifty canons of the Apostles, of canons of
divided
etc.
It
is
Roman"
of
constitutions
of
cils,
pontiffs,

The first treats of ecclesiastical persons

into three parts
and offices, and consists of 101 distinctioncs, which are divided
"

into chapters or canons; the second, of ecclesiastical judi

cature, and is composed of 36 causae, each of which is

divided into

qitacstiones,

which

turn are subdivided into

in

canons or chapters; the third, of the liturgy of the Church,

and is made up of five distinctiones. More than a hundred
canons are named Paleae, a title probably derived from the
name Pane a Palca, who was a disciple of Gratian, and is
supposed to have inserted these Paleae into the Dccrctum"
156. Gratian s collection obtained great authority and
superseded all other collections yet it remained a private
;

compilation, was never clothed with an official character,

Mistakes abound in it, the
or approved by the Holy See.
author drawing on and copying from the collections then
06
Corrections of the
extant and containing inaccuracies,
of
made
order
Decretum were
Popes Pius \ and Gre
by
6

gory XIII.

Minor
Devoti,
*

collections of this period are:

1.

c.,

"

60

n. 73.

Craiss., n. 184.

Phillips,

1.

c., p.

Phillips,

1.

Walter,

Cfr. Phillips,

161.

1.

1.

c ., p. 193.

c., p.
66
7

"

p. 149

That of Cardinal

152-154.

61

Phillips,

Devoti, Prolegom.,
Ib

P 174.

1.

Cfr. Devoti,

c.,
1.

n. 79.

p. 142.

c.,

n.

74

Canon Law.
Laborans (1182)
1

190

Collectio Prima, by Bernard of

Pavia,"

in

Secunda, by Gilbert/* an English writer

Collectio

(1203); Collectio Tertia, Quarta, and Quinta.

IV. Collection of Decretals under Gregory IX.
157.

Pope

to be published, in which the

law should be suitably
entire
ecclesiastical
the
of
corpus
71
useless
and
confused or ambigu
Whatever
was
arranged.

Gregory IX. ordered a code

ous was to be retrenched or corrected. The accomplishment

was entrusted to St. Raymond of Pennafort, who

work in 1230 and finished it in the year 1233."
The whole work is divided into five books. The

of this task

began the
158-

the
treats of ecclesiastical judicature or of prelates
second, of civil lawsuits the third, of ecclesiastical matters
brought before the episcopal forum, in causis civilibus the
fourth, of betrothals and marriages the fifth, of judicial pro

first

ceedings in criminal matters, of censures and the like. This

collection is authentic, and has the force of law in every
"

particular
tinae, the

the

same holds of the Liber

Scxtus, the Clemen-

Extravagant cs, both communes and of John

159. Of the othei

tion
i.
The Liber

collections of decretals,

XXII."

we may men

Decretalium, which
was published in 1298 under the auspices of Pope Boniface
VIII. 2. The Clementinoe?* or collection of decretals by Pope
:

Scxtus, or Sextus

Clement V. (1305-1314).
The Extravagantcs of John
3.
XXII. (1316-1334), and the Extravagantes communes. 4.
The Bullary of Benedict XIV., which contains the constitu
tions of that Pope and is of public authority.
5. The Bullariwn magnum Romanum" This collection or code, made up
originally of fourteen volumes, the last of

88

Phillips,

c., p.

which was pub-

"

211.

Ib., p. 223.

Bouix, De Princip., p. 484.

n The Collection
begins with

"Craies.,n.

185

71

period.
T4

(Cfr. Darras, vol.

Craiss.,n.

i%,

187.

iii.,

p.

the

decretals of Alexander

III.,

thus

work, which was only carried clown to thai

Bouix. De Princip., p. 485, 406.
360.)

forming a continuation of Gratian

Phillips, vol.

77

7fl

iv., p.

3^6.

Ib.. p. 387.

Ib.,p.485.

On

72

lished

Bouix

the History of the

1744, has of late

"

says of it
negligent ia hodie

"

been continued in

Valde imperfecta

Romae

est, et

continuatur."

It

is

Rome

(1839)

majori adhuc
merely a pri-

vate collection, and therefore has no authority as a collec

tion

quatenus

collcctio.

V. Corpus Juris Canonic i ;

160.

its

component par s and

authority at the present day. The term corpus,

reference to laws, ecclesiastical as well as civil,

when used
means a

in

collec

79
At present the
laws that forms, so to say, a whole.
consists
the
Decretum
Canonici
Graof,
I,
Corpus Juris

tion of

"

which are annexed the Penitential canons and the

canons of the Apostles 2, the five books of the decretals of
to

tiani,"

Gregory IX.; 3, the Liber Sextus of Boniface VIII.; 4, the

Constitutiones Clementinae 5, the Extravagantes of John
;

the Extravagantes Communes.

His sex partibus,"
80
et
clauditur
Bouix,
Juris Canonici."
expletur
Corpus
says
161. Authority of the Corpus Juris Canonici at the present

XXII.

"

6,

"

We

8I

cannot do better than give the words of Bouix

Codicem autem ilium juris canonici dictum,
on this point

day.

"

prae manibus habeat, perpetuoque, nustris cliam temporibus

evolvat necesse est, quisquis in jurisprudentia canonica,

non vult penitus caecutire. Licet enim multa immutaverint

turn Concilium Tridentinum, turn novae Constitutiones Pontificiae, innumcra tamen immota prout in Corpore Juris Ca
nonici extant
162.

Q.

remansere."

What

are the chief matters to which the Corpus

juris canonici applies at the present day ?

A. i. The Corpus still has the force of law in

matters

relating to the ecclesiastical judicature, to divine worship

ecclesiastical"

doctrine, and discipline.

It

2.

is,

moreover
3

the code used at present in the schools of learning" and in

the ecclesiastical forum. 3. Besides, canonists have for

7*

Phillips,

1.

Ib., p. 490.

c..

p. 489.

L.

c., p.

403, 404.

Ib., vol. iv.

"

p.

412.

L. c., p. 489.

Devoti, Prol., p. 19

Common Canon Law.

73

many centuries taken their arguments, to a great extent,

from the Corpus Juris ; these arguments, therefore, can be
M
understood fully only by those who are familiar with the
Corpits

itself.

VI. The Jus Novissimum. Speaking in general, the

consists of laws published from the time the

163.

Jus Novissimum

Corpus Juris Canonici^ was closed i.e., since the extravagantes were inserted down to the present day.
164. This Jus, speaking in particular, is principally made
of
these parts I The constitutions or decretals of the Roman
up
No authentic collection has been made of the vari
Pontiffs.
:

ous constitutions or laws c6 made by the Roman Pontiffs since

the close of Corpus Juris. The only exception in this respect
is the Bullary of Benedict XIV., which is of public authority.

Of

the various private collections that are extant, the Bulla-

rium

which, however, is replete with

the
rank.
holds
foremost
2.
The regulations by
errors,
which the Apostolic chancery is governed (regulae cancel-

Magnum Romanum,

lariae Romanae].
3. The decisions of the congregations or
committees of cardinals. 4. The decrees of the Council of
Trent, which, in fact, form the chief portion of the Jus

Novissimum.*
Vatican.
84

5.

Finally, the decrees of the Council of the

88

Bouix,

""

1.

c.,

p. 490.

Ib.. p. 495.

8B

"

Ib., p. 496.

Ib.

Proposals were made at the Council of the Vatican by a number of

bishops to have a committee appointed, consisting of the most eminent
"

who should revise the Corpus Juris Canonici, or rather prepare a

one, omitting whatever, owing to our changed times, was no longer
applicable, and report the result of their labors to the Vatican Council or the

canonists,

new

next oecumenical council.

<,

3. 4

5,

>4.)

(Martin, Aibeiten, p. 106

id..

Doc., p.

ii.

sect,

ii t

CHAPTER

X.

HISTORY OF PARTICULAR OR NATIONAL CANON LAW

TORY OF CANON LAW IN THE UNITED STATES.

HIS-

the history of the

common canon
the
of
or
canon law of the entire Church,
of
canon law in
now come to the historical phase
law.
165.

So

far,

we have discoursed on

We

the United States.

Decrees of provincial and national councils form

one of the sources of our national canon law. The first
council, or rather diocesan synod, ever held in the United
Its acts and decrees
States was that of Baltimore in 1791.
1

66.

were republished by order of the First Provincial Council

of Baltimore, and are therefore authentic as a collection.
The First Provincial Council of Baltimore was held in
1837, the fourth in
seventh in 1849.
1840, the fifth in 1843, the sixth in 1846, the

1829, the

second

in

833,

the third in

these councils all the bishops of the United States were

To

called

in this respect, therefore,

they might be styled na

however, usually, and

but one eccle
correctly so, named provincial councils, since
siastical province existed at the time, and they were con

tional or plenary councils.

They

are,

vened by the metropolitan as such but not by a Papal

delegate.
167.

By

Apostolic briefs of July

New York

Orleans, Cincinnati, and

nity of metropolitan churches.

St.

19, 1850,

into an Archiepiscopal See, July 20, 1847,

1

Cone. Prov.

*Ib-

the Sees of

Nev

were raised to the dig

Louis had been erected
though suffragans
*

Bait., p.

p. 57, 9i, 92.

5, 6.

Bait., 1842.

Ib., p. 29.

History of Particular or National Canon Law.

75

it
only in 1850. The United States were
*
divided
into
six
ecclesiastical provinces, including the
thus

were assigned

Province of Oregon, erected July 12, 1846.

168. The First National Council of the United States was
1852 under the

held at Baltimore in

presidency, of Arch
Six archbishops and

bishop Kenrick, as Papal delegate.

twenty-six bishops took part in its deliberations.
8

of

letters

September

The Pro

paganda,

by

decrees.

The Second National or Plenary Council

26,

its

approved

1852,

of Balti-

and was presided over by Archbishop

7
as
Papal delegate. Its decrees were revised
Spalding,
by letters of the Propaganda, dated January 24, 1868.
f^iP 169. The TJiird Plenary Council of Baltimore, which
is perhaps the most important of all our councils, was sol
emnly opened on the 9th of November, 1884, and closed

nore met

in 1866,

December 7th of the same year. It was attended by four

teen archbishops and sixty -two bishops or their procurators.
It was revised by decree of the S. C. de Prop. Fide, dated
Sept. 21,

1885,

and was promulgated

by His

Eminence

Card. Gibbons, Archbishop of Baltimore and Apostolic

Delegate, on the Feast of the Epiphany, 1886. Its decrees

became obligatory all over the United States, on and from

8
the day of this promulgation.
170. Q. What is meant by the confirmation of councils
forma communi and in forma specifica?
A. i. Suarez
affirms confirmation in forma communi
*o be that which is given
cum sola cognitione confusa
in

"

privilegii [or, as the case

notitia illius."
Benedict

may
XIV.

be, councils] sine distinct iori

10

"

says

In forma comrnuni

confirmari dicuntur statuta, quae non singulatim examinantur, neque approbantur a Pontifice motu proprio, et ex certa
scientia."

2.

Confirmatio in

forma

specifica is that

perfecta notitia totius negotii, et

4

Cath Ch.

in U.

S.,

pp. 195, 196.

Ib., p. 151.
8

See Cone.

De
0.7.

Leg.,

PI.
lib.

Bah
viiu.

De

111.,

cap

pp.

xiii,

xviii.. n. 5.

Svn. Dioec..

omnium

Ap.

ll

ii.,

Neapoli, 1872. Cfr.

n. n.
cap. v
,

cum

fit

ejus circumstan-

Coll. Lac., torn,

Cone. PL Bait,
xiv, and p. 184.

lib. xiii.,

"quae

iii.,

p.

130 seq.

p. 136.

Reiff., lib. u.,

tit.

"Reiff..

30,

I.e.

History of Particular or

76

Benedict XIV. explains this more explicitly:

tiarum."

11

(confirmatio) dicitur, cui praemittitur causae cognitio, et singula statuta diligenter expenduntur, ac deinde, nulla adjecta conditione, auctoritate Apos"

In forma specifica

cum

tolica

clausula

fieri

motu

proprio, atque ex certa scientia,

confirmatur."

Q.

171.

How

can

be

it

known

that a provincial or na

forma specifica and not merely

approved
in forma communi ?
A. i. When the tenor or contents of its decrees are
tional council

in

is

13

inserted in the instrument of confirmation.

2.

the absence of the above, these phrases are used

When,
:

in

ex ccrta

scientia; proprio motu;" ex plcnitudine potcst tis ; non oblb

stante
legs aut consuetudine in contrarium, or snpplentes omn cs

juris

et

facti defectus.

3.

The

by the Sacred
the confirmation must be
rccognitio

Congregation is not sufficient

given by letters Apostolic.
172. In case of doubt whether a council is approved in
forma specifica or only in forma communi, canonists common y hold that it is approved merely in forma communi.
;

1 1

i? 3- Q- Can bishops in particular cases relax in their dio

ceses the decrees of provincial or national councils ?
A. i. They cannot, in case these councils are confirmed
18

Benedict XIV., quoting from

in forma specifica, cum
confirmato
Statuto
Fagnanus, says
fas est deroinferiorum
induerit
nulli
-^aiuram
Icgis Pontificiae,
in forma specifica; for, as
"

They may do

so if these councils are approved

forma
communi,
excepting/ however, in those cases
only
2!
where such councils reserve to themselves the
power to
2.

gare."

"

in

fiispense in their decrees.

"

*4
**

De

1.

c.

ReifF,
c.,

"

Suarez,
"

Ib., n. 6.

L.
*

Syn. Dioec.,

lib. ii.,tit. 30, n. 8.

n.

n.

"

Kenrick, Mor., Tract

"

Ib.
4.

DC

Leg.,

Bened. XIV.,
Bouix,

DC

i.,

n. 40.

Syn.,

cap. xviii., n.

lib. xiii.,

Episc., vol.

Supra, n. 74.

pars,

lib. viii.,

DC

ii.,

cap.

p. 394.

v.,

5.

n. 11.

National Canon Law,

Q. Is the

174.

Second Plenary Council of Baltimore ap

forma specifica

in

proved
A. i.

77

It is not; for the Decretum of the

Propaganda,
dated January 24, 1868, Pro Rccognitione Concilii (PI. Bait. II.),
has none of the marks above given of the confirmatio in forma

This appears from the decree

specifica.
"

Eadcm

S. Congr.,

ejusdem

which reads

itself,

Concilii (PI. Bait. II.) acta et

decreta, diligenti inqui-sitione adhibita, expendit, paucisque

exceptis correctionibus et animadversionibus, eadem ut ab

omnibus ad quos spectant,

tissime r ecognovit."

inviolabiliter observentur, liben-

"

Moreover, the sole revision and approbation of de

crees by a Sacred Congregation is not Papal confirmation,
at least in forma specifica.
For decrees of councils are
sanctioned in forma specifica, not by a
Decretum S.
2.

"

concilii," but by apostolic letters or

the decrees of Baltimore were confirmed, or
rather reviewed, not by apostolic letters, but by the
De

Congr."

briefs."

pro recognitione

Now,

"

cretum

de Prop. Fide" above mentioned, as appears

clearly from the Holy Father s reply to the fathers of Balti
more, September 2, 1867: "Quod attinet ad Acta Concilii
(PI. Bait. II.) congruum de eisdem Actis, a nostra Congr
S. C.

Fidei Prop., praeposita, accipietis responsum."

175. From what has been said we infer that

"

it is

allowed

to appeal to the S. C. de Prop. Fide from the decrees of the

Second Plenary Council of Baltimore, and also from the de

crees of the Third Plenary Council of Baltimore, held in 1884;

in forma comimnii does not remove the
for, the confirmatio
1

defectus juris that

M
53

Ap. Cone.
Bouix,

"Cfr.

De

Cone.

45

Cfr.

28

Ap. Cone.

*8

may be

PI. Bait. II., p.

Episc., vol.
PI.

ii.,

contained

"

Paris, 1873

Bait. II., p. cxxxvi.

PI. Bait., p.

Man

enactments.

cxxxvi
pp. 394, 395.

Bened. XIV., De Syn. Dloec.,

Craisson,

in their

n. 87.

cxxxv.

lib.

xiii..
41

cap.

iii.,

n. 4.

Cfr. Bouix,

1.

c.,

p. 395.

It

78 History of Particular or National Cation

Law.

be objected that it can scarcely happen that a defective

decree be enacted by a provincial or national council and

may

yet be returned" by the S. Congr. without having been

corrected.
This we cheerfully admit. Yet the case is not

impossible, as Bouix shows.

30

176. It must be observed here that the confirmatio in

forma specifica merely adds authority to the decrees of pro
vincial or national councils but does not, except when these

decrees are inserted

in the

Corpus Juris Communis, extend

their binding force beyond the respective province or nation,

nor upon the entire Church.
1

"

80

Bouix,

1.

c.,

p. 395, 396.

careful study of the subject

would seem

to

shw

that the

Second

Plenary Council of Baltimore was not confirmed by the Holy See in any form,
not even in for>na couimuiii, but merely revised and corrected.
Thus, the
decree of the Propaganda (C. PI. Bait. II., p. cxxxvi.) has for its heading the

Decretum pro
but not
Rccogniiionc Concilii
Fathers
of
the council
or
did
the
ne
Concilii."
Nor
approbatlonc
confirmati
ask for a confirmation they simply complied with the prescription of Pope
words

"

Decrctum pro

"

"

Acts and Decrees to the Holy See, not for the sake
having them confirmed, but merely revised and corrected (C. PI. Bait. II..
In fart, to use the words of the Roman Consultor who examined
cxxxii.)

Sixtus V., and sent the

of
p.

our work,
cial

"

"

"

The Holy See does

not, as a rule, confirm

council, but simply revises

its

acts, and, if

need

any national or provin

be, prescribes certain

Sometimes, however, in those places or missionary countries

where the common law of the Church does not fully obtain, there being need
Thus it confirmed the
of some law, the Holy See confirms such councils.
corrections.

four provincial councils of England, the First Plenary of Ireland (Synod of

Thurles), and the First Plenary of

Ba timore.

But the Second Plenary of

Baltimore, as also the Second Plenary of Ireland (Synod of Maynooth), was

not confirmed by the Holy See, but, having been corrected by the S. C. de

Prop. Fide, simply revised and ordered to be promulgated."

31
Bened. XIV., De Syn., lib. xiii., cap. 3, n. 5. The Third Plenary Council
of Baltimore, held in 1884, like the Second, was not approved, but merely re
vised by the
Bait

Holy

III., p. xvi.)

See.

(See

Decretum

S. C.

de

P. F. 21 Sept. 1885, in C. PI.

CHAPTER XL
RULES FOR THE INTERPRETATION OF LAWS.

Ex part e

I.

177.

causae

efficient is,

there are four sorts of

interpretations: i, interpretatio principis, or that which is

given by the lawgiver himself; 2, that which is established

by lawful customs
judges (interpret itio

or given by

Pope, oecumenical council, and

authoritative and has the force of law (interpre

is

tatio authentica, necessaria]

pretatio

3,

4,

the

by

i.e.,

bishops

usualis)

or by learned men (interpre

judicis)
The explanation of laws, as made by the

tatio doctrinalis].

lawgiver

(interpretatio

The

usualis.

the same holds true of the inter

construction

of laws,

as

made by

judges of courts, binds only the actual parties to the suit,

alone are obligated to abide by the judge s rulings or
2
explanations of the law. The explanation which is given
by theologians and canonists, though always deservedly
held in high esteem, need not, as a rule, be adhered to.

who

Ex part e

11.

178.

causae formalis or ex natura ipsius in-

terpretationis* the construction of laws

explanatory of the words of the law

i.e.,

favorable

3,

strued strictly

is
;

2,

declaratory
corrective i.e.,

thus, penal laws must be con

extensible, by which laws are extended to

restrictive
;

4,

similar cases.
!

79-

Q-

What

are the chief rules for the interpretation

of civil laws or statutes

Our Notes,
Reiff., lib.

Craiss., n. 238.

pp. 438, 439.

i., tit.

2, n.

Black stone. Introd.,

362-306.
sect. 3, p. 21.
79

Ib., n. 365.

Reiff.,

1. c.,

n. 370-374.

8o

Rules for the Interpretation

of Laws.

i. The title of the act

(or statute) and the preamble to
7
the act are,
strictly speaking, no parts of it.
2. The real in
tention (of the
lawgiver) will always prevail over the literal
sense of terms. 8 3. The words of a
statute are to be taken
their natural and
ordinary import and signification.
Other rules may be seen in Kent and
10
Blackstone.

A.

These

rules

may

180. It

be applied also to ecclesiastical laws. 11

may not be amiss here to add that

in his constitution

Pope Pius

"

Benedict

of the Council of
against

all

"

IV.,

confirming the decrees

Trent, enacted very severe
penalties
Deus,"

qui ausi fuissent ullos commentaries,

glossas,

adnotationes,

scholia, ullumque
omnino interpretation^
genus super ipsius Concilii (Tridentini) decretis
quocumque
modo edere."
This prohibition, which
applies to no other
council, extends only to printed
ex
"

"

professo

but

tions,

not

to

interpreta

incidental

explanations, even though

printed, of individual decrees of the Council of Trent,"
7

Kent, Cora., vol.

i.,

part

Hi., sect. 20, p.

460-463.

"

Introduct., sect.
"

St.

Liguori,

Ap.

lib.

Soglia, vol.

Ib., p. 462.

Ib.

3, p. 21.
i.,

n. 200.

i.,

p. ia,

ReiffensL,
7.

1. c.,

lib.

i.,

tit 2, n. 382-447.

S| Ljg

,.,,

PART

II.

OF PERSON S PERTAINING TO THE HIERARCHY

OF ECCLE
OF JURISDICTION IN GENERAL
AS
VESTED
WITH
JURISDICTIO ECSIASTICS,
CLESIASTICA IN GENERAL.
i.e.,

CHAPTER

OF THE CHURCH MEANING OF THE WORD

HIERARCHY IN GENERAL.

DEFINITION

The Church is defined: Societas externa, visiatque ad finem mundi duratura, completa et indepen"

181.
bilis,

I.

omnibus hominibus procurandi media ad assequendam vitam aeternam.

Let us explain this definition.
dens, distincta quoque, ac pro fine habens,

"

a society; for she is named in

Sacred Scripture a kingdom, a city that is set on a moun
4
These symbols clearly imply that she is a
tain, etc.
182.

The Church

i.

is

society. Theologians also

and indefectible.
183.

The Church

2.

prove that she

is,

is

external, visible,

secondly, a perfect and indepen

perfect when it is complete in

society
and therefore contains within itself adequate means to

dent society.

is

"

itself,

attain its end.

That our Lord has given his Church means

her end is evident from various texts of

sufficient to attain
Craisson,
*

Bouix,

1.

De

c., n.

Matt.

Tarqu., Jur. Eccl. Put!. Inst., n.

244.

Princip., p. 499.

"

iv. 17.

Ib., v. 14.
6,

42.

Definition of the Church.

82

society is independent when it is not

7
other society.
Now, every
subject to the authority of any
in the world is bound to obey the Church in matters

Sacred Scripture/
person

animarum? But if no indi

pertaining to the sanctificatio
vidual is exempt from the authority of the Church, it is evi
dent that no body of individuals i.e., no society is de

The Church, therefore, is not subject

jure exempt from it.
to civil society, but entirely independent of it; nay, more,
civil society, as far as the sanctificatio animarum is concerned,
is

subordinate to the Church.

!84.

3.

from

rate

The Church,

is

distinct

though not sepa

civil society.

From what

185.

thirdly,

10

has been said

we

infer:

The Church

i.

not merely a corporation (collegium} or part .of civil so

Hence, the maxim is false, Ecclesia est in statu,"

is

"

"

ciety.

the

or,

placed under the power of the state.

This
rightly named a Sovereign State.

Church

The Church

is

is

13

Ex defmitione Pufienconjunctio plurium hominum, quae imperio

in these

proved by Soglia
dorfii,

Status est

2.

is

words

"

per homines administrate, sibi proprio, et aliunde non dependente, continetur.

Atqui ex institutione Christi, Ecclesia
est conjunctio hominum, quae per homines, hoc est, per
Petrum et Apostolos, eorumque successores administratur

cum

imperio

Ecclesia est
1

86.

sibi

proprio, nee aliunde dependente

ergo

Status."

The members

of the

Church

"

are divided into

two

Clerics or ecclesiastics (clerici}, i.e., those who

M
belong to the JiierarcJna ordinis ; 2, Laics (laid), i.e., the rest
15
of the faithful.
classes:

i.

Matt, xviii. 18, xxviii. 18, 19; Luc. x. 16

T

Matt, xviii.
9
11

Jo. xxi. 15-18

Craisson, Man., n. 245.

Bouix, De
Bouix, De
Soglia, vol.

17.

Cfr. Prop, iq, 20 of Syllab. 1864.

I0

Princip., p. 507.
Princip., p. 509.

w Vol.

i.,

IB

i.,

p. 144.

Salzano, vol.

i.,

pp. 18,19.

13

Devoti,

Tarqu.,

p 137.
lib.

i.

tit.

i,

1. c.,

I, p. 72.

p. 92.

Definition of the C/iurc/i.

83

11. Meaning of the term Hierarchy (Hierarchia}.

187.
The words hierarchy, sacred power (saccr principatus], or
The
pre-eminence (sacra pracfcctura) are synonymous.
term hierarchy, taken subjectively, denotes the body of per
sons having sacred or ecclesiastical power as such, it is
defined: "The body of persons having in various degrees
sacred power or pre-eminence
taken objectively, ifsignifies the power itself in sacred things
as such, it is defined
Sacred power as possessed by various persons in different
Observe here, we use the word power both for
degrees."
the potestas ordinis and the potestas jurisdictionis.
1 88.
The word hierarchy, therefore, comprises three
10

"

"

"

"

things:

number

among

sacred power or ecclesiastical authority;

i,

of persons possessing

these

persons."

order or jurisdiction,
ecclesiastics

The

is

Roman

the

it

3,

in

Pontiff

is

rank and gradation

hierarchy, therefore,

vested

2,

whether of

an organized body of
the head of this organi

zation.

of the Hierarchy of I lie Church. I. By rea

that,
origin, the hierarchy is divided into divine

189. Division

son of

its

namely, which was instituted by our Lord, and consists of

?0
and into ecclesiastical or
bishops, priests, and ministers
;

that

which was developed by

ecclesiastical authority, v.g., the

21

primates, archbishops, and the like.

dignity of patriarchs,
2. By reason of the sacred power vested in ecclesiastics, it
is

the hierarchy of order (hierarchia ordinis)

the power to perform sacred acts or functions

divided into,
that

is ;

I,

and to confer sacraments

(hierarchia jurisdictionis}

dogmas, and oblige the

IS

10

Bouix,l.

c., p. 5

Cone. Trid., sess.

3-

23,

2,

that

the hierarchy of jurisdiction

is, the power tu teach, define

faithful to believe in

Ib.p.
cap. iv., can

"

514.
6.

"

them
19

Ih.

Bouix,

I.

to

make

Ib.,p.5i5.

c.,

pp. 515, 516.

Definition of the Church.

84

laws; to take cognizance ol,and adjudicate upon, ecclesias

causes; to enforce the laws of the Church, and there

tical

fore to inflict suspension, excommunication, deposition,

and other penalties; to convene councils, preside over and
confirm them to erect benefices and appoint their incum
;

to dispose of ecclesiastical property, etc."

Some
canonists contend that this division is inadequate, since it

bents

does not sufficiently take into account the teaching power of

the Church (potestas magisterii). Consequently, they divide
the hierarchy into the power (a) of order, (/^jurisdiction,

and

(c)

magisterii, thus

latter to the

adding the

This, however, is superfluous.

well
remarks, if this magisterium
quini
or
riuni,
simply the office of preaching

two

for

For, as Card. Tara puruin magiste-

mer."

is

and teaching,

it

is

no power, and therefore cannot be called u potestas magis

But if it means the power to compel the faithful to
terii"
believe in the doctrines defined,

contained

power of

the

in,

it

is

part

jurisdiction.

necessary to

recede from the

cal hierarchy

commonly received

of,

and therefore

Hence

it

is

not

division of the ecclesiasti

in

Catholic schools

24

namely, into that of order and jurisdiction.

190. In the present volume, we shall discourse merely
on the hierarchia jurisdictionis. We shall, i, give a correct
idea of the nature of the jurisdictio ecclesiastica ; this will
form the Second Part of this book; 2, show of what per
sons the hierarchia jurisdictionis is composed i.e., in whom
the jurisdictio ecclesiastica

Third Part of
58
74

Bouix,

1.

r.,

Card. Tarq.,

this

pp. 521, 545.

i.,

p. 3,

is

vested

this will

make up the

work.

nota.

23

Cf. Phillips, Kirchenr., vol.

ii.,

pp. 138, 139.

CHAPTER

II.

NATURE AND OBJECT OF ECCLESIASTICAL JURISDICTION.

ART.

1.

Difference between the Poiver of Jurisdiction

and that of Order.

There are those who erroneously contend that the

191.

power of jurisdiction is not separable or essentially dis

tinct from the power of order; that, therefore, since
bishops have the fulness of the potestas or dints or sacerdotii, they are by that very fact possessed of the plenitude
of the potestas jurisdictionis.
If this theory were correct,
1

bishops would have the same jurisdiction as the Pope, and

consequently the latter s supreme and universal jurisdiction
would be destroyed. 2
In order to refute this most grave
error

we

lay

jurisdiction
tinct

down
is

the following proposition The power of

essentially, and not merely accidentally, dis
:

from the power of order, provided (a) the latter can

away from nor diminished in bishops, while the

not be taken

former can be restricted

(b)

provided the power of epis

copal order can exist without the power of episcopal juris

3
diction, and vice versa ; but this is the case.
Therefore, etc.

The major

is

evident.

We therefore come to the

minor, namely, \.\\e potestas

cannot be taken away or diminished, while
5
The
the potestas jurisdictions episcopalis can be restricted.
of
Trent
words
of
the
from
these
Council
first part is proved
192.

ordinis episcopalis

:"

Bouix, de Princ.,
Bouix,

"

p. 546.

Craiss., n. 250.

*
1.

c.,

p. 560.

Ib., p. 547, seq.

Ib.

Sess. xxiii., cap.

iv.

Nature and

86

Object of

Forasmuch as, in the Sacrament of Order, a cnaracter is

imprinted which can neither be effaced nor taken away, the
holy synod, with reason, condemns the opinion of those who
assert that the priests of the New Testament have only a
"

temporary power, and that those who have once been rightly
ordained can again become laymen." The potestas ordinis,
inamissible, cannot be restricted cither in

is

therefore,

it-

moreover, equal and

or as to persons and places; it is,

8
or supreme in all bishops alike.
193. On the other hand, the potestas jurisdictionis episco~
thus St.
palis may be limited, I, as to place or countries:
Feed the flock of God which
Peter admonishes bishops
s*lf

full

"

"

that

"

is

among you

10

portion assigned

is,

not the entire flock, but the particular

St. Cyprian" expressly writes:

them.

2. As to
Singulis pastoribus portio gregis adscripta est."
matters : some have erroneously asserted that every bishop
"

12

has absolute

power

in his diocese.

This

is

false:

cause oecumenical councils can make general laws

I.

i.e.,

Be
laws

the bishops relative to ecclesiastical matters

14
or discipline; the Roman Pontiffs have the same
power;
*
to
nay, even national or provincial councils have power
13

binding on

all

enact disciplinary laws obligatory on the bishops and metro

that
politans of the respective provinces now, it is evident
;

if

bishops are obliged,

the

in

government of

their dioceses,

as undoubtedly they are, to observe these laws, their power

is not absolute or unbounded as to matters.
3. As to persons :

members

thus,

were exempted
18

"

The Council of Carthage

omnia omnino monasteria,

of the Church.

first

ages
decreed

of religious communities, male and female,

from episcopal authority already in the

Erunt

igit.ur

Bouix,
i

Petr.

1.

p. 547.

c.,

v. 2

cfr.

ad Titura,

i.

Bouix,

1.

c., p. 548.

"

Bouix,

1.

c.,

pp. 546

and

1S

551.
"

Ib

Ib.

Act. xx. 28.

"

(525)
sicut

Epist. 55 ad

Cornelium Papam.
"

!b., p. 551.

Ib, p. 554-

Ib., p. 552.

Ecclesiastical Jurisdiction,

87

semper fuerunt, a conditiorie clericorum, modis omnibus

"

libera."

194.

The

existed

has

potestas ordinis episcopalis

may

exist

in

fact,

without

any jurisdiction, and, vice versa,

can
exist without the episcopal ordo.
episcopal jurisdiction
Thus it was ordered by the Council of Nice (325) that Meletius

Bishop of Thebaid, should be deprived of

and

all

powei

authority {potestas jurisdictionis) but yet retain the

character, dignity, and name of bishop {potestas ordinis}.

Again, some of the ancient chorepiscopi, though true bishops,
were not possessed of any jurisdictio ordinaria. Finally

honorary bishops were formerly created to

whom

cese was assigned.

It is evident, therefore, that
may have the potestas ordinis episcopalis without

no dio
person

a.

having any

jurisdictio.

On

the other hand,

it

is

certain that a person

n&yhavejurtsdtcfto episcopalis without being vested with the

Thus a bishop elect
potestas ordinis episcopalis.
i.e., one
appointed already by the Pope though not yet consecrated
"

may govern his diocese with full authority as soon as he has

received the bulls. Chapters, also, or rather vicars-capitular
with us, administrators govern dioceses, 20 though not vested

We

with the potestas ordinis episcopalis.

observe here,
what is said of the powers of order and jurisdiction, as
vested in bishops, is also applicable to these powers as vested
in priests and sacred ministers; we
argued from the episco
1

ordo and jurisdictio merely,

pal

question

is

for

21

the reason that the

disputed chiefly as regards bishops.

To show more

clearly the distinction between the

and
oi
of
order
power
jurisdiction we observe, i. The po
testas ordinis is conferred by ordination
the potestas jurisdic195.

22

by legitimate mission.
that have the same ordo the

tionis

"

**

Labbe,

torn, iv., col. 1649.

Cfr. Soglia, vol.

1.

The former

c., p. g.

p. 9.

is

alike in all

latter varies in degree,

I8

Bouix,

1.

c., p.

555.

Bouix,

c., p.

546.

"

ii.,

"

Soglia,

2.

even

lb

in

p 559.

Nature and

88

ministers or officials of the

same rank.
"

nis is not,

Our

196.

properly speaking,

\hejurisdictio

Objcrt of

3.

"\\v

potestas ordi

capable of delegation, while

is.

to

established

thesis is therefore

The

wit,

and the power of jurisdiction are separable

power
and essentially distinct one from the other. This distinc
quis
tion is thus expressed by the Council of Trent:
of order

"Si

dixerit

eos, qui nee ab ecclesiastica et canonica

ordinati nee missi sunt, sed aliunde veniunt,
.

potestate rite

sacramentorum ministros, anathema

of their ordination bishops and
virtue
solely by
the holy
priests were possessed of sufficient jurisdiction,
It is scarcely
synod would not have added, nee missi sunt

esse verbi et
leg;itimos
o
44

If

sit."

necessary to observe that, while the two powers essentially

differ from each other and are separable, they do not on
that account necessarily exclude each other.
Nay, some
times both powers together are required for the validity ot

an act

v.g., for

the validity of

ART.

What

is

absolution."

11.

the precise extent or object,

2,

I.

197.

of the Potestas Ordinis

of the Potestas Jurisdictions f

Potestas Ordinis.

The term

or<io

act of ordination and the state of the sacred

what objects does the

ordinis

potestas

means both the

ministry."

extend?

To

CraissOn

answers by this proposition: "Ad potestatem ordinis refe

renda est quaelibet connciendi vel conferendi sacramenta
aut

sacramentalia potestas,

alicui

ordinum gradui

198.

w
16

The

Bouix,

v Man.,

vel

Ecclesia

"

alligavit.

proposition just given embodies this principle

24

Craiss., n. 256.
-r

1.

Christus

quam

c., p.

n. 257.

560.

C. Trid., sess. xxiii., cap.

Craiss., n. 2^0.

Cfr. Soglia, vol.

i.,

"

iv.,

can.

Ferraris, V. Ordo, art. i.,n.

pp. 143, 144.

7.
i.

Ecclesiastical Jurisdiction.

89

Sacramental functions are annexed to a determinate or do

in

such manner as to be performable only by a person in the

This principle, however, admits of va
respective order.
"

rious exceptions.
Thus, the bishop is the proper minister
of holy orders
yet minor orders may be conferred by a
so
Again, the administration of the sacrament of Con
priest.
;

though attached to the ordo of episcopacy, may

firmation,

The

be administered by a priest duly authorized.

"

potestas

imparted by ordination.

ordinis is

Potestas Jurisdictions

II.

199.

In the

Roman

civil law,

meant simply the

the
i.e.,
judicial authority
31
to
take
of
causes
tribunals
or
cognizance
power
by judicial
judges of courts. In canon law, the term jurisdictio is taken

jurisdictio

and from the time of Gregory the Great

employed chiefly to express the entire legisla
**
tive, judicial, and executive power inherent in the Church
Omnis ea imperii potestas, qua
it is therefore denned
in a
it

broader sense

has been

33

"

S5

Ecclesia regitur et

We say

Imperii potestas
authority which consists not merely in teaching and

i.e.,

gubernatur."

39

Jurisdiction
exhorting, but in enacting and enforcing laws.
is also named potestas publica, in contradistinction to the pri
37

of parents over children.

Besides the
above, jurisdiction also embraces the power of denning arti
cles of faith (potestas magisterii}, of convoking and presiding
vate authority,

v.g.,

over councils and the

200.

Jurisdiction

which consists
torjim

39

in

like.
is

what

38

conferred
is

by legitimate mission,
legit ima assignatio subdiad exercendiim munus spirituals.

termed

or deputatio Icgitiuia

"

Acts of jurisdiction performed by

deputed are null and void.
w Cfr

Phillips, Kircheni., vol.

11

Soglia,
84

1.

c., p.

Soglla, vol.

i.,

144.

"

Reiff., lib.

i., tit.

"

29, n. 3.

p. 141.
"

1.

c., p.

w
w
<0

Soglia,

1. c.

persons not properly

la

ii

w Bouix,

p. 145 seq.

40

"

Ib.

Bouix,
Cfr.

Phillips,

545.

1.

1.

Ib.
c..

p. 142.

pp.

5, 6.

Ib.

c., p. 545.

Conc.Trid., sess.

xxiii.,

can.

7,

Nature and

go

Object of

Q, Is the Church possessed of jurisdiction in the

sense
of the term ?
proper
A. Protestants contend that the entire power of the
201.

Church consists in the right to teach and exhort, but not in

the right to command, rule, or govern whence tb*5y infer
41
that she is not a perfect society
or sovereign state. This
for
the
is
false
Church, as was seen, is vested jure
theory
;

divino with power,

them

i,

to

(potestas judicialis)

laws {potestas

3,

2,

to define

and apply

who

violate her

to punish those

coercitiva}.

The punishments inflicted by the Church, in the exer

her coercive authority, are chiefly spiritual (poenae

202.
cise of

spirituales],

We

dict.

make laws;
;

excommunication,

v.g.,

43

suspension, and

say chiefly ; for the Church can

inflict

inter

44

tem

46
poral and even corporal punishments.

death?

Church power

the

to inflict the penalty of

Card. Tarquini thus answers: I. Inferior eccle

203. lias

siastics are forbidden,

exercise this

47

power

2.

directly.

and oecumenical councils have

It is

this

law, to

ecclesiastical

though only by

certain that the

power

at least

Pope

mediately

they can, if the necessity of the Church demands,

48
3. That
require a Catholic ruler to impose this penalty.
4
they cannot directly exercise this power cannot be proved.
that

is,

"

What objects or things fall under ecclesiastical juris

diction? Some things come directly within the reach or
204.

i.

Now,

60

authority, others but indirectly.

those matters and acts fall directly under ecclesias

compass of the Church

which are essentially spiritual. But how are

temporal things distinguished from spiritual ? Certainly not
because the former are corporeal, visible, or external, while
tical jurisdiction

the latter are invisible or immaterial

41

"

46

Ap. Soglia,

vol.

4i
i.,

p. 145.

Cfr. Syllabus,

Prop

Cf. Reiff., lib.

i.,

lit.

49

Ib.

24.
29, n. 25, 26.

Ib.

otherwise, sacraments,

"

Cfr. ib

p. 152.

"

Stremler,

Femes

"

Tarq.,
:

1.

i.,

Eccl

n. 47,

Cfr. Craisson,

Ib

p. 153.

p. 13, seq.

ad ~m.,

Man.,

p. 48.

n. 263.

Ecclesiastical Jurisdiction.

91

being visible signs, would have to be accounted

temporal

Spiritual things, therefore, are distinguished from

temporal by reason of their respective ends. Hence, those
objects.

61

52

matters are spiritual which have an exclusively spiritual

end namely, the salvation of the soul even though they be
of a corporal structure.

2.

On

the other hand, things are

temporal, and come within the cognizance of the civil power,

M
when, even
though not corporeal or visible, their imme
diate end is temporal or civil
i.e., when they are ordained
3. Temporal things,
directly for the welfare of civil society.
however, fall directly under the Church s authority, so far
as they are capable of becoming objects of supernatural acts

and virtues or also

vices.

Suarez

bh

writes

"

Quia

fere tota

materia temporalis ad spiritualem finem ordinari potest, et

illi subest, sub illo
respectu inducit quamdam rationem spiritualis materiae, et ita potest ad leges canonicas pertinere."

There

is still

another class of things, those, namely,

which pertain

at the

same

205.

time,

though not under the same

powers the spiritual and the temporal and

are consequently named quaestiones mixtae or mixti
fori.
Now, things may fall under the cognizance of both powers,
respect, to both

and therefore become m:xti fori chiefly in three ways:

I. When
they have two ends one civil, the ot ^r ecclesias
or spiritual.

57

a case in point.
All ques
tions bearing on the sacramental character of matrimony,
v.g.y the validity of marriages or betrothals, fall under the

tical

Church

Marriage

is

jurisdiction.
Questions, however, respecting the
68
property of married persons, inheritance, and the like, are
within the competence of civil courts.
2. When, for the

better
"

execution

Phillips, vol.

ii.,

of

p 534.

M
"

Phillips,

1.

c., p.

Phillips,

1.

c.,

536.

"

68

69

laws,

the

Church

Leg.,

lib.

"

Bened.

p. 542.

XIV De
,

19

Phillips,

1.

c.

Ib., p. 545.

Syn., lib ix., cap. ix., n. 3,4.

p. 543.

Ib., p. 536.

De

and

ii.,

state

assist

Soglia, vol. L, p. 320.

cap.

n,

n. 9.

Ecclesiastical Jurisdiction.

92
one another,
3.

By

v.g. y in

the suppression of rebellion or heresy

historical evolution.

60

moreover, may come within the jurisdiction

Church not only by reason of their nature or cha

206. Things,

of the

"

racter, as

we have just

which they
of the Church,
to

tion

the bishop

We

in all their causes.

mon law

persons"

Thus, according to the common law

ecclesiastics are not amenable to the jurisdic

refer.

of civil courts

judge

seen, but also because of the

Church

of the

63

the only competent

say, according to the com

for, at

is

present, this privilege

is

64

almost everywhere greatly

restricted.
Ecclesiastics
also implead and be impleaded in many instances in
courts, especially in non-Catholic
"

Phillips,
Ib., n. 9.
*

Infra, n

I.

c., p.

544.

Cfr. Soglia, vol.

415, 455,

"Cfr.

countries."

Benedict XIV.,
"

i.,

58.

may
civil

I.e., n. 8.

Bened. XIV.,

1. c.,

ej

Ib.

n. II, I*.

CHAPTER

III.

DIVISION OF ECCLESIASTICAL JURISDICTION.

207. Jurisdiction in general

siastical

and

civil

which we here
208.

forum

or

treat, is

is

distinguished into eccle

Ecclesiastical jurisdiction, of

political.

divided

Intp jurisdictio fort interni et fort externi.

By
meant either the place of trials or the exercise*

i.

is

of judicial authority.
I. The
jurisdictio fori interni
is that which refers primarily and
directly to the private
3
Liken individually
it is exercised
utility of the faithful
itself

chiefly in the administration

dictio fori interni

is

The

of the sacraments.

juris

subdivided into the jurisdictio fori poeni-

or that which is exercised only in the tribunal of

penance, and into the jurisdictio fori interni extrapoenitenlialis
that, namely, which is exercised out of the confes

tentialis,

The jurisdictio fori externi is that which relates

primarily and directly to the public good of the faithful
taken as a body." To make laws, decide controversies on
sional."

2.

morals, or discipline, punish criminals, and the like are

acts of the jurisdictio fori externi.
Hence, a person may
faith,

have jurisdiction

foro interno but not in foro externo, v.g.,

and, vice versa, one may possess jurisdiction
in

parish priests
in foro externo without having any in foro interno, v.g., vicarsgeneral not yet in sacred orders but merely in clerical ton
;

Civil society has no jurisdictio fori interni.

2. Into universal and particular.
209.
\$y jurisdictio

sure.

Reiff., lib.

tit.

*Craiss., n 277.

29, n. 7.

Bouix,

Craiss., n. 277.
I.e.,

p.

561.

"

Bouix, De Princ.,
Ib.

Ib., p.

unu

p.

562

$6a

Division of Ecclesiastical Jurisdiction.

94

we mean that which is unlimited as to, i, persons 2,

or
countries 3, matters subject to the authority of
places
the Church. Such was the jurisdiction of the Apostles
versalis

sucli

is,

at present, that of the

nenical councils.

which

By

Roman

jurisdictio

Pontiffs

and of oecu-

we mean

particular is

that

persons; 2, or places; 3,
particular jurisdiction is confined to a cer
9
tain class of persons, but not to any particular place, it may
is

restricted either as to,

I,

When

or things.

Thus, prelates of regulars can

over monks subject to

be exercised everywhere.
exercise

everywhere
10
them.

jurisdiction

Into voluntary and contentious jurisdiction."

Vol
untary jurisdiction {jurisdictio volunt aria jurisdictio extrajudicialis) is that which the bishop or superior can exercise
210.

3.

without any judicial formalities (absque forma judicii}. The

ordinary can exercise it everywhere, even when he is not in
his

own

tiosa

Contentious jurisdiction (jurisdictio conten-

diocese.

jurisdictio judicialis)

is

that which

is

exercised

cum

i.e., according to the forms prescribed for

or judicial acts.
prelate cannot, either licitly or
exercise
contentious
validly,
jurisdiction out of his owm

forma judicii

trials

territory."

Into ordinary and delegated jurisdiction.

Bv
ordinaria
we
mean
whe
that
which
law,
is,
jurisdictio
by
ther divine or ecclesiastical, or by custom or privilege, per
211.

4.

I6

attached to an ecclesiastical office or dignity.

manently
Hence, a juthx ordina rins is one who exercires jurisdiction
by virtue of his office, and therefore in his own name {jure
proprio,j:ire suo, jure officii sui}.
212. The title ordinarius, however,
Bouix,

u
11

"

17

1.

Reiff, lib.

Bouix,

c.,

i., tit.

De

Mb.

p. 562.

10

29, n. 8, 9.

"

Princip., p. 565.

Phillips, Kirchenr., vol.

Phillips, Lehrb., p. 369.

"

ii.,

p. 146.

is

not applied to every

Bouix,

De

Princip., p. 563

Craisson, Man.,
Craisson,

1.

Ib., vol. vi.,

Soglia, vol.

n. 281.

c.

pp. 752, 7^1.

ii.,

p. 448.

Division of Ecclesiastical Jurisdiction.

95

one having jurisdictio ordinaria" but to those only who

have jurisdictio ordinar ia in foro c.rterno,
bishops, vicars
2J
ordinaria only
Parish priests have jurisdictio
general, etc.
in foro intcrno, but not in foro externo, and are not, conse
-

v.g.<

quently, ordinarii
2\^. As the jurisdictio ordinaria attaches to the office
self (officiunt},

and

office,

is

it

always obtained simultaneously with the

not lost until the office is either" resigned or
it is

lawfully taken away.

2\^. Jurisdictio dclcgata is that which a person exercises,
23
of some one having
as a rule, only by order or commission
dc
a
egatns, therefore, acts not by
jurisdictio ordinaria
;

virtue of his office or

We

another.

"

say,

in"

as a

his

own name,

rule,"

but

in the

name

ion jurisdictio delegate,

is

of

ex

given also by the law itself. Such, for in

ceptionally
stance, is the power which the Council of Trent granted to
"

bishops in regard to exempted regulars. Hence, dclegati

have jurisdiction either ab Jwininc or a jure i.e., they are
commissioned or delegated either by a person having jnris26
dictio ordinaria or by \\~\Q jus commune and custom.
Bishops,
for example, are in

commune,

by the Council of

v.g.,

sedis apostolicae

instances

many

the jus

empowered by

Trent,"

act

to

tanquam

2S

dclegati.

Bishops receive jurisdictio -delegata a jure when the

28
uses the phrase tanquam sedis apostolicae
jus commune
215.

or

etiam

sedis apostolicae delegati."

bishops proceed simply "tanquam sedis apostolicae
it is allowed to appeal from them to the Sove
delegati,"

delcgati,

"

tamquam

When

30

reign
"*

91

Pontiff only, but not to the metropolitan

Bouix, De Princip., p. 567.

Cfr. Cone. Trid., sess. xxiv., cap.

i.

!<

Phillips, Lehrb., p. 369.

"

Phillips,
"

1.

c.

Sess. v., cap.

i.

sess. vi

Craisson, Man., n. 285.

c.

de

Ref., etc.

but

if

Craisson, Man.,
Sojjlia,

1.

c., p.

ReiflF., lib.

M
Craisson,
M
1.
Bouix,

Reiff,

1.

1.

c.,

n.

282.

449.

tit.

c.,

they

29, n. 12

n. 285.

p. 570.

c., n. 36.

Division of Ecclesiastical Jurisdiction.

96
act

"

31

etiam

tamquam," etc.,

an appeal

lies

to the archbishop
3

Observe, whenever bishops are authorized to proceed

ctiam tamquam, etc., they are vested both with jurisdictio
ordinaria
and jurisdictio delegata, and may act by virtue of
34

either power.
medi216.
5. Into jurisdictio inuntdiata and jurisdictio
ata?*
Jurisdiction is immediate when it can be exercised

case of necessity such is the au

thority of the Pope throughout the entire Church, of the
bishop in his diocese, and of the parish priest in his parish.
at all times, not

merely

in

On

the other hand, mediate jurisdiction is that which cannot

be exercised save in certain cases determined by law such,
;

metropolitans over the sub

for instance, is the authority of

We

36

of their suffragans.
say "subjects of suffra
themselves
for
over
the
archbishops have
gans"
suffragans
n
jurisdictio ordinaria and immediata.
jects

217.

What

Q.

the nature of the jurisdiction vested in

is

Supreme Court of the United States ?

A. The original jurisdiction of the Supreme Court is con
39
which affect ambassadors, other public
fined to those cases
and
ministers,
consuls, and to those cases in which a State is
a party. The appellate jurisdiction of the Supreme Court
exists only in those cases in which it is affirmatively given."
Its whole appellate jurisdiction depends upon the regula
the

tions of Congress.
11

vi.,

Reiff

cap.

iv.

84

Reiff.,
88

"

19

1.

c., n. 37.

82

1.

Cfr.

Cone. Trid., Sess.

Craiss., n. 287.

c., n.

33
3S

38.

Bouix,

i., tit.

Kent, Com.

31,

n. 40.

xxii., cap. x., d. R.,

Paroch., pp. 281, 282.

and

Sess.

Paris, 1867

Craiss.. n. 288.

Cfr. Phillips, Kirchenr., vol. vi., p.

Reiff., lib.

De

829 seq.

Ratisbon, 1864.
3S

Ib., n. 35.

*
i.,

p. 314.

Ib., p. 324.

CHAPTER

IV.

ON THE MODE OF ACQUIRING ECCLESIASTICAL JURISDICTION,

IN GENERAL.

ART.

Of the
218.

The

1.

Subject of Ecclesiastical Jurisdiction.

subject of ecclesiastical jurisdiction

is

twofold:

active and passive.

By the passive subject we mean all per
sons falling under the authority of the Church by the active
subject, those who are vested with or have jurisdiction.
;

With regard to the passive subject, we say All baptized

persons come under the dominion of the Church. We say
:

"

baptized persons"

for not only Catholics, but also heretics,

are, at least per sc? subject to th-j laws of the

Church

infi

dels are not so subject.

219. As to the active subject* we merely observe: Those
persons only are vested with junsd ctio ecclesiastica who

have obtained it in a canonical manner, either by having re

ceived an office (officium), or by having been delegated by
one having an ofii:e. In the following chapters we shall

how

persons receive jurisdictio delegata

2, how they
i.e., are delegated by those holding an office
obtain jurisdictio ordinaria i.e., are appointed to ecclesi
therefore show,

astical offLes.

In the next article,

we

shall

premise some

observations relative to the proper or canonical

title

of juris

diction.
1

Craiss., n. 289.

Tarqu.,

1.

c.,

p. 91.

Tarquini,

p. 78, n. 64.

Cfr. i

Cor

T. 12.

On

98

Mode of Acquiring

the

ART.

Of the
220.

mean

requisite Title to Jurisdiction,

word

the

By

the act by %vJiich

clesiastical

II.

(Titulus], in

title

power

and

is

given

to

its

Necessity.

we

general,

a person

to

here

perform

ec

functions*

221. Division.

Titles are true or false.

They

are true

or legitimate (Titulus verus] i.e., not vitiated or defective,

i
when they are conceded in due form 2, to persons pro
perly qualified; 3, by those who are vested with libera
;

Titles are false

potestas."

to

fective as

when deemed
putativus.
title
222.

i.

When

it

Titulus falsus]

when they

any of the above conditions.

legitimate by others,

may

be

has in no

is

are de

false title,

also called

Titulus

or illegitimate in three ways

been granted by the superior, or

false

way

not for the case, place, time, or person in question.

Hence,
the false title in this case is named Titulus Jictus. 2. When,

though given by the proper superior, and of itself capable

of conferring jurisdiction, it is nevertheless rendered void
by some occult defect, either (a) in the grantor thus, if the
death of the bishop were unknown, his vicar-general would
have but a colored title (U] or in the grantee, v.g., by oc
cult irregularity, or if he has been deprived of his title, and
;

this fact is

unknown

(c]

or in the concession

itself

of the

simony intervened. A title defective in

is termed
Titulus coloratus.
3. When
conceded by a superior who had no power to do so,
v.g.,
by the archbishop, out of those cases where he
title,

these

v.g., if

secret

three

ways

the negligence of suffragans

or il the title
indeed given by a competent superior, but is other-

may supply
is

Craiss., n. 292

Ib.

Ib., n. 293.

Ecclesiastical Jurisdiction, in General.

ivise

Such

manifestly defective.

99

a Titulus simpliciter

title is

nullus.

a false

Is

Q.

223.

sometimes

title

obtain

to

sufficient

jurisdiction?

answers that where a true title is wanting,

or putative one is sufficient in foro interno and ex~

A.

Craisson"

a fakse

exercise of jurisdiction, both ordinary

provided, I, there be common error; 2, the

terno for the valid

and delegated
defect in the

title

be curable by the Church

3,

there be at

least a colored title.

The

224.
title,

ists
is

third condition,

a colored

there be at least

tJiat

not considered essential by all canon

is, however,
a
mooted question whether a titulns coloratus
for it is

absolutely necessary.

without any

sufficient,

Many

affirm that error

whatever.

title

St.

communis
I0

is

thinks

Liguori

It is therefore probable that a

a probable opinion.
in reality, no
priest can absolve validly even though he has,"
error communis
jurisdiction, provided it is believed by

this

"

"

for

approved

Hence, as Sanchez

says, a confessor
year can validly absolve, even after the

that he has faculties.

one

"

believed that he

lapse of the year,

if it

possesses faculties.

So, also, a confessor from another diocese

is

commonly

still

can absolve validly in a diocese where he is not approved,

he is considered approbatus ad
if
error communis
by
"

"

"

confessiones.

We

225.

valid:

is

it

say, the absolution in these cases

14
also
lazvful? In other words: Is

is
it

probably
lawful for

a confessor to administer the sacrament ot penance with the

above jurisdictio probabilis, given him by error communis ?
"

"

There are
affirms;
B

Craiss.,

three opinions
the third, which
1. c.,

n. 294.

10

Lib. vi., n. 572.

11

Cfr.

14

Bened. XIV.,

Ih.. n. 16.

the

is

Bouix,
"

first

the

De

one

Judic., vol.

Notes, p. 218.

Instil. 84, n. 14-23.

denies

"

the second

embraced
i.,

p. 134.

Ap.

Prati, 1844.

Craiss.,

by

St.

Paris, 1866.

Man.

n. 304,

ioo

Ecclesiastical Jurisdiction, in

Liguori,"

holds that

it

is

lawful to administer the sacra

ment of penance cum jurisdiction* tantum probabili, only

when there is causa gravis necessitatis or magnae utilitatis."

u Lib.

"

ri.,

a. 575.

Mechliniae, 1853.

Cfr. Craiss.,

1.

c.. n. 906.

CHAPTER

V.

ON THE MANNER OF ACQUIRING ECCLESIASTICAL JURISDIC

TION, IN PARTICULAR MODE OF ACQUIRING JURISDICTIO DELEGATA.
a delegate (delegatus) we mean, in general, a person empowered to act or exercise jurisdiction for another.
or ab
Jurhdictio delcgata, as was seen, emanates either a jure
homine?
to delegate
227. Q. What persons have power
226.

By

z>.,

conkr jurisdictio dclegata upon others ?

A. All persons vested \v\t\\jiirlsdictio ordinaria can, as a
rule, delegate others.

delegati

But neither ordinary superiors nor

universitatem* causarum can, without the consent

entire au
(inconsulto Principe], commit their

ad

of the Pope

6
reason is, as Ferraris/
thority in perpetuum to others the
the
of
ordinarius,
Quia delegando
says
judex
speaking
alteri totam suam jurisdictionem, sen totum suum officium
;

"

committendo, non tarn censetur delegare

abdicare se officio suo ordinario, quod nequit

ipsi

sensu

sine con-

Principis."

228. Q.
\z\i\.

quam omnino
fieri

Can

delegati

jurisdictio delegata

persons who themselves have

s?b-dclegate others ?
i.e.,

A. Delegati are deputed

(a)

by the Pope or the Sacred

7

Congregations; (If) by inferior ordinaries.

I. A person delegated by the Pope or the Sacred Con1

*
4

V. Delegatus,

Cfr. Ferraris,
Reiff., lib.

Craiss.,

1.

i., tit.

c.,

2q, n. 55.

n. 312.

V. Delegatus,

n. 15.

Supra, n. 214.

n. 1-3.

Cfr.

Regula Juris
*
7

Bouix,
Craiss.,

in

De
1.

6.

Judic., vol.
c.,

n. 308.

I.,

pp. 144, 145

On

IO2

Manner of Acquiring

the

can, as a rule, sub-delegate others i.e., authorize

say, as a rule ; for two exceptions

gregations

We

them to act for him.

must be admitted:

Now,

delegati."

sit

"Si

I,

a delegates

is

electa industria personalis*

supposed to be chosen "ob

industriam persona em
when, for instance, he is com
manded in the letters of delegation to attend personally *
to the matter, v.g., by the words,
per teipsum," or
per"

"

"

sonaliter exequaris
ministerial," ?;..,

yet,

even

2, if

the

"

power delegated

is

simply

the execution of dispensations of marriages;

in this case, sub-delegates

to collect information or to ascertain

may be employed,

i-.g..

whether prcces ver \tatf

nitant ur"
229.

II.

person delegated by inferior ordinaries, v.g^

by bishops, cannot, as a
as a rule ; because

it

the

is

common

We

13

rule, sub-delegate others.

14

opinion

that,

say,

when

such person is delegated ad universiiatem causarum, in

view of his office (tanquam per officiuui) he can sub-delegate
others.

1*

however, thinks it unsafe even for a

ad nniversitatem causarum to sub-delegate others,
save where a legitimate custom of the country sanctions it.
16
and pastors in the U. S. to whom a
230. Rural deans
certain kind of causes or matters is collectively committed
Bouix,

delegatus

v.g.,

the

power

to grant, in a certain district, dispensations

from one or two

of the

proclamations of the banns of mar

would appear to be accounted delegati ad universitariage

tem causarum" and would seem, therefore, authorized to
sub"

delegate others with regard to particular cases.

231.

gated

To what persons can

Q.

jurisdiction

A. Generally speaking, only to those who,

Cfr. Ferraris,

Bouix,
11

"

"

De
1.

Bouix.

c.,

1.

Cone

V. Delegatus, Novae addit. ex

Judic., vol.

Ferraris,

Cfi

be

dele

c.,

10

i.,

p. 145.

n. 23, 24.

pp. 145, 146.

PI

It

II.. n. 74.

ali<-na

Cfr. Reiff.,

Craiss.,

M
Ib.,
:T

Cr

c.,

manu,
c., n.

n.

.,

c.,

are

free

n. 12,

60.

308

146.

p.
is

1.

1.

I,

*bk

n. 311.

Ecclesiastical Jurisdiction, in Particular.

103

from defects that debar a person from jurisdiction, and,

have the requisite qualifications."

Now,

I.

232.

2,

the defects (uitia) that disqualify a person

jurisdictio delegata are, I, a natura, v.g., deafness,

and the like 2, a lege, v.g., excom-

to hold

"

loss of speech, insanity,

municatio non
thus, slaves

infamy; 3, a moribus, i e., custom

cannot \>zjudices delegati

tolerata,"

and

women

Of the necessary

II.

233.

required in every delegation

qualifications (dotes), some r;rc

thus, as a rule, clerics only,
;

not laymen, can be delegated others are required in

certain cases only.
Besides, as a rule, a person, in order to
be capable of being delegated by the Pope, should be an
and"

ecclesiastical dignitary, or a canon of a cathedral chapter,

or a vicar-general of a bishop, or a conventual prior or

We

"

as a rule

for, at present,
and
confessors
as
shown," ordinary
priests are not
unfrequently entrusted with the execution of dispensations

superior of regulars.

"

said,

we have

or faculties granted by the Holy See."

234. Q. Can an ecclesiastical or at least a

civil

cause of

clerics be delegated or committed to a layman ?

24
A.
i.
Bishops and other prelates inferior to the Pope
cannot delegate to laymen either,
spiritual (causae mere cci

2, or criminal causes (causae

ilesiasticae, causae spiritnales]
3, neither can they, according
criminates] of ecclesiastics
to the more probable opinion," assign to lay judges for
;

judicial

even the

cognizance

causae tcmporales) of clerics.

2.

The Sovereign

civil

causes (causae chiles,

commit

Pontiff may, however,

to laics.

civil or temporal, but also a certain

r.g., to kings, not only
C7
but
number of ecclesiastical or spiritual causes of clerics;
he cannot subject all ecclesiastics and all causes of ecclesia 18

"

Craiss.,
"

1.

c., n.

Cfr. Reiff.,

Ferraris,

"I

..

n.

1.

SQ-Q:

c.,

313.

Craiss.,

Delegatus,

Ferraris, V. Delegntus, n. 25, 20.

n. 66.

"

n. 31

Cfr. Crais

I.

c.,

Reiff., lib

n. 315.

;i6

tit.

Supra, n. 54
29, n. 88.

Rein.

c.

a qa.

On

104
tics

the

Manner of Acquiring

to the civil tribunal

do away
2 35-

in

entirely with the

What

Q-

other words, he has no power to

pnvil ginm fori?*

should be the nature of the act of delega

tion ab kominc ?

A.

Delegated faculties are essential either to the

i.

validity of an act, v.g., approbation for confessions; or only

to the licitness of an act, v.g., in the administration of sacra
9

In thejfrj/ case, the dclegatio

ments, save that of penance."
must be positive that is, express, or at least presumptive,

provided the presumption rest upon signs that indicate

actual consent (consensus de praesenti} internal consent is
;

not sufficient
assistance

80

for approbation to hear confessions,

at marriages,

nor for

where the Tridentine Decree on

In the second case

i.e., when
clandestinity is published.
there is question merely of the licitness of an act, the licentia
t

at ionabiliter pracsumpta or the ratiJiabitio rationabiliter spe31

3*
is sufficient
this holds true, according to St. Liguori,

rata

of

of the administration

extreme

confirmation,

baptism,

unction, and the holy eucharist, and with us also of matri

mony."

236. Priests in the U. S. are strictly forbidden to baptize

or marry parties from other dioceses who can easily recur to
ni
their pastor
nay, the statutes of the various dioceses of this
;

country, as a rule, prohibit priests from baptizing or marry

ing, not only those who belong to other dioceses, but also
those

who belong

to other parishes 01 missionary districts.

the
statutes
of
Boston enact
Prohibemus sub poena
Thus,
"

suspensions nc ullus pastor, fideles ex altero (districtu) advenientes absque proprii eorum pastoris licentia mat.rimonio
M
M
*

"

Reiff.,
St.

1.

29

c., n. 93.

Liguori,

lib. vi., n. 570.

Craiss., n. 322.
Cfr. Reiff, lib. iv.,

Cone. F

"Ja

tit.

3,

Cfr.

Mechliniae, 1852.

Lib.

Craiss.,

vi., n.

n. 83, 84.

II., n. 117, 227.

See our Notes,

n.

our Notes,

p. 175.

n,

320.

p. 269.

173, 255, 722.

Ecclesiastical Jurisdiction, in Particular.

"

conjungat, vel infantes baptizet."

38
S2ib gravi.
enjoin the same

The

statutes of

105

Newark

moreover, be made known

at
and
to the delegatus,
least, implicitly by him."
accepted,
hence, if a superior
238.
3. The delcgatio should be free
2.

237.

The

delcgatio should,

gives delegated faculties altogether against his will, the act

is invalid.
say altogether ; for if he did so even out of

We

metus gravis
38
be invalid.
239.

4.

act

et injustus^ his

It

need not be

would

not,

on that account,

writing, save in cases pre

in

39

scribed by law.
240. In the use or exercise of jiirisdictio delegata, the dele
gatus must state that he acts by virtue of delegated powers.

Hence, bishops in the United States, when conferring upon

their priests such faculties as they hold from the Holy See,
as also in dispensing from impediments to marriage, use this
form
Vigore factiltatum a S. D. N. Pio IX. (Leone
"

XIII.) nobis
88

"

or similar formulas. 40

collatnrurn," etc.,

Syn. Boston.

IT.,

Craiss., n. 323.

ami. 1868,

tit.

4, n. 46.

"

Ib., n. 324.

Statuta Novarc, p. 12.

Ib., n. 325.

40

However, these or similar formulas, except where the Papal indult re

it, and that on pain of nullity
are
v.g. by the phrase alias nullae sint
no longer necessary to the validity of the above dispensations or faculties.
quires

Hence, these dispensations and faculties, when granted by bishops in the U. S.

v.g., orally, or even by telegraph, in some such simple words as

informally

dispensation or faculty is granted

cause for this mode of concession, also

"the

"

are valid, and,

licit.

if

there be sufficient

For the above formulas are

not,

present day, prescribed on pain of nullity in the faculties given

our bishops by the Holy See (Konings, n. 1628, q. 6).
at least at the

CHAPTER

VI.

MANNER OF ACQUIRING JURISDICTIO ORDINARIA.

ART.

Of

I.

the Institution or Establishment (Const

itutio) of Offices to
wliicli Ecclesiastical Jurisdiction is attached.
241.

By what

Q.

astical offices

A.

I.

As

right

is

jurisdiction attached to ecclesi

to the

Papal dignity or

office, it

over the entire Church

jurisdiction

is

is

certain that

immediately and

conferred by Christ upon the one who is elected

Sovereign Pontiff For, once canonically elected by the car
2
dinals, the Pope, without any further institution, confirma
tion, or collation, receives universal jurisdiction from Christ,
directly

and not from the cardinals, who have themselves no such

jurisdiction."

II.

Whether bishops hold

jurisdiction in their respec

of
God, or but mediately," was
immediately
much debated in the Council of Trent no decision was ar
rived at, and the question is
consequently still open. What
242.

tive dioceses

ever opinion we may choose to follow, it is

universally*
admitted, even by those who assert that bishops receive
jurisdiction immediately from God and not from the Pope,
that the exercise of the
episcopal jurisdiction depends upon
the Sovereign Pontiff.

Zallinger, ap. Sogha, vol. L, p. 295.

Notes on the Second PI. C. Bait., p. 77.

Craiss.

Ib., n. 329.

Cfr. Tarquini, p. 94.

Soglia, vo!

p.

ii.,

106

n. 327.

Ib., n.

gaa

Manner of Acquiring
The

III.

243.

"

Jurisdictio Ordinaria.

Schola Parisiensis

107

"

maintained

that

parish priests are the successors of the seventy-two disciples

of our Lord, and receive directly from Christ the power to
8

This opinion, however,

perform hierarchical functions.
was long ago rejected by the most eminent canonists and
In fact, the seventy-two disciples were not
theologians.
nor
even simple priests. Parish priests them
parish priests,
9

selves

were altogether unknown 10

come

not

did

in the first centuries,

where bishops

fourth century, and, in cities

fore the year 1000.

Rome and

all

no gradation or superiority

bishops equals.

to bishops.

resided, not be

Alexandria, perhaps, form

exceptions in this respect."

IV. Among the bishops themselves
244.
divino,

and

into existence in rural districts before the

there

for Christ

The Pope alone

is,

ia

is, jure
constituted

jure divino, superior

offices or

Hence, only the Papal and Episcopal

dignities are of divine

"

institution

the other offices in the

Church, or grades of jurisdiction v.g., the dignity of patri

archs, metropolitans are undoubtedly of ecclesiastical
ap
"

pointment.

an ecclesiastical office (pfficium ecclesiasticum

Kirchenamt) we mean the right possessed by a cleric to ex
245.

By

ercise ecclesiastical jurisdiction within the sphere assigned

him by ecclesiastical authority. 16 Ecclesiastical offices, there
fore,
tical,

can be established and distributed only by the ecclesias

18
but not by the secular, authority. We shall see in

the following question what persons in the

titled to establish these offices.
Q.

246.

Church

Who

can establish ecclesiastical offices in the

Craiss., n. 330.
10

"

11

Church are en

Craiss., n. 330.

Bouix,
Bouix,

De
De

**

Soglia,

Paroch., pp. 23, 24.

c., p. 45.

Paris, 1867.
"

Princip., pp. 530, 531.

5

lb., p. 9.

1.

Cfr. Soglia, vol. H., p. 44.

Phillips, Lehrb.,

71, p. 129.

Soglia vol.
Ib., p. 130.

ii.,

p. 7.

Manner of Acquiring

io8

A.

I.

Erection of Episcopal Sees,

In the beginning of the
St. Peter, but also the other apostles,"

Church, not only

erected episcopal sees for all the apostles without excep

tion, received from our Lord jurisdictio universalis
i.e.,
;

tolam Ecclesiam

et in totum orbcm"
ThisyV/rwincluded the power to establish bishoprics. 18
2n
Potestas universaiis singulis
But, as Craisson
remarks,
a
Christo
transmissa
non fiat ad eorum in
tributa,
apostolis

in

"jurisdictio

dictio universalis

"

episcopatu successores sed sola potestas Petri, utpote ordinaria, ad ipsius successores seu summos Pontinces, debuit
;

transire."

Hence, upon the death

21

of the apostles, no bishop,

by the consent of the Pope.
From this we are not, however, to infer that in the first cen
turies episcopal sees were always erected by the immediate
247.

rics could be established save

authority of the Holy See

head

this

The

suffered

for ecclesiastical discipline on

23
at three different
periods.

change

period extends from the beginning of Christianity

first

to the sixth century.

epoch episcopal sees were

erected chiefly by provincial councils, without the express
24
sanction of the Holy See.
say, i, chiefly by provincial
councils for no small number of bishoprics were, even dur
this

During

We

25

ing

this time, established

by the P

the express sanction of the Holy See

We

>pes.

say,

2,

wit/tout

because provincial coun

in
were
bound to observe the
cils,
erecting episcopal sees,
la*vs enacted or approved by the Roman Pontiffs
this is
;

when the African bishops, con

laws of the Church on this head, instituted

evident from the fact that

trary to the

bishops even
St.

"

*"

*J

Leo

for so doing.

"

Craiss., n. 332.

"

Bouix,

Cfr. Soglia, vol.

Devoti,

lib.

i., tit.

*"

pp. 207, 208.

i.,

5,

*3

sect,

i, n.

5, p.

L.

c.,

1.

Craiss., n

c., p.

333.

203.

De

Episc., torn,

i.,

pp. 45, 46.

n. 332.

202.

"

Soglia,
**

they were reproved by Pope

In the Eastern Church bishoprics

in small places,

Ib., p. 204.

m
vs
"

Craiss., n. 332.
Ib., p. 205.
Ib.

Jurisdictio Ordinaria.

were

109

at first established exclusively

by the patriarchs but

had been formed, this power
was exercised also by metropolitans and provincial councils."
2. The second
248.
period reaches from the sixth to the
eighth century. During this time metropolitans and provin
29
cial councils were no
longer free to establish bishoprics
;

after ecclesiastical provinces

without the express 30 consent of the Roman Pontiffs.

3. The third period extends from the eighth cen
249.
tury to the present day.

During

this period the

power

to

establish episcopal sees reverted exclusively, though gradu

31
to the Sovereign Pontiffs, by whom alone it is exer
ally,

cised at the present

We

is concerned."

day

must, therefore, distinguish in

ter the question of right

power

Church
this mat

at least, so far as the Latin

to erect bishoprics

from that of fact. The right or

and always has been, de jure,
as a matter of fact, however, this
is

vested in the Popes alone

34
power was exercised also by others, although only by the
express or tacit permission of the Holy See.
;

250.

II.
35

Chapters can, at present, be established only by

but not by bishops. This applies not merely to

the Pope,
chapters of cathedrals, but also to those of collegiate*
churches.
25

111.

Parislies or parochial churches

may undoubtedly

be established by bishops, provided certain conditions be ob

37
served by them.
The nature of these conditions depend?

upon the manner

which parishes are established. Now,

parishes are established chiefly in three ways
I, per
creationis ; 2, per viam dismembratioms ; 3, per viam uniort?
We shall briefly treat of each of these modes.
in

via>

:"

**

"

Soglia,

I.

Soglia,

1. c.,

205.

c., p.

Ib.

"

**

"

"

Soglia, vol.

Bouix,

De

pp. 206, 207.

**
i.,

p. 203.

Capitulis, pp. 190, 191.

Craiss., n. 334.
Craiss., n. 334.

Cfr. Ib., pp. 209, 210.

Paris, 1862.

Cfr. Phillips, Kirchenr., vol. vii., pp. 2Ss, 286.

Craiss., n. 336.

30

"

Rati^bon,
:i!t

It)

iSfxj.

Manner

iio

oj Acquiring

ART.
Erection of Parishes
252.

The

11.

"per

viam creationist

erection (erectio, const itutio) of benefices in gene-

ral is thus defined

"

Erectio beneficiorum est actus

legiti-

mus quo sacrum

aliquod officium, vel ministeriurn in certa

Ecclesia vel altari, a clerico obeundum, constituitur cura

perpetuo reditu,

mentorum

clericus jure suo percipiat turn

quem

et stipendii causa, turn

ali-

ad ferenda onera bene-

39

ficii.

New parishes are erected per viam creationis when

are
formed, not from portions of parishes already in ex
they
istence, but from people or territory not yet assigned to any
253.

40

as happens usually in partibus infidelium."

In the
United States new parishes (quasi-parishes) are still frequently
established in this manner.
In Europe, where the Catholic
parish,

has ruled for centuries

faith

and where

it

can therefore

scarcely happen that there should be Catholics not yet ag

gregated to some parish, the erection of parishes per viam

can scarcely occur. 42

254. There can be no doubt that bishops, by virtue of
their pot est as ordinaria" can create new parishes
that is,

creationis

"

who

have the care of souls in their

and
(nomine propno)
by virtue of their office (ex
such districts and over such people as are not yet

constitute priests

shall

own name
officio), in

43
aggregated to any other parish.

255.

In establishing

or

new

parishes,

whether

per viam

"

per viam

dismembrationis,"
per viam
44
or
unionis,"
otherwise, the bishop is, de jure communi, bound
to provide, as lar as possible, for the suitable maintenance
of the pastor. This applies, of course, also to the United
creationis,"

"

or

"

"

*
41

44

Soglia, vol.

ii.,

Craiss., n. 337.
Ib.

p. 153.
*3

Bouix,

De

Bouix,

1.

Paroch., p. 243.

c., p.

Craiss., n. 338.

245.

Ib

Jurisdictio Ordinaria.
States, as

of

is

implied
"

Baltimore:"

words

these

in

Monemus

vacare cuilibet mission!

si

ill

of the

Second

Episcopus judicet

sufficient

tae dccentem siistentationem subsidium illic habcri

^O

According

256.

Plen. C.

sacerdotes ut non detrectent

to the general

ad

vi-

posse."

law of the Church,

every parish should have ^perpetual, that

is, irremovable, rec

In this country there are at present, according to the
Third Plenary Council of Baltimore (n. 33), two classes of mis

tor.

sions or quasi-parishes
those which have irremovable rec
tors others which have ordinary rectors.
Rectors who are
:

irremovable cannot be deprived of their parishes, save upon

trial,

as outlined in the instruction

PI. Bait. III., n. 38),

(Cone.
the latter

still

obtains.

or

in

Cum Magnopcre

of 18^4

the Instruction of 1878, where

rectors can indeed be

Our ordinary

transferred for grave and just cause, 47 but not absolutely

dismissed, in punishment of crime, without the above trial.
4

Regular

moved by

priests having charge of congregations are re

their superior or by the bishop, and neither is

But ii
obliged to assign- to the other a cause for his action.
the regular superior removes them he should substitute oth
4

ers with the consent of ihe bishop.

257. In France" and other parts of

ments have a voice

in

"

Europe

the formation of

civil

parishes."

govern
In this

country the consent of the civil government is not required

for the formation of parishes, so far as
purely spiritual effects
are concerned.
Congregations, however, in the United
States,

Ireland,"

and

can, as a rule hold property

England,"

Cone.

41

S. C.

48

Instr. S. C. de P. F. 20 Julii 1878

49

Bened. XIV., Const. Firmanctis,

PI. Bait. II., n. 108.

de P.

F.

ad Dubia

circa Instr. 20 Julii 1878.

;

Resp. ad Dubia.

u,

6 Nov. 1744; C. PI. Bait.

II., n.

406.
40

Craiss., n. 339.

Phillips, vol. vii.. p. 287.

Syn. Plen. Episc. H.bc-r.iiae, ap. Thurles, 1850, Decree. 22. n. 5, ap. Coll.
Lac., torn, iii., p. 794
cfr. Ib., p. 888
Cone. Tuam. Ill cap. xvii., n. 3.
,

83

Cfr. Cone. Prov.

Westmonast.

II., a.

1855,

Deer

S,

n.

19.

1 1

Manner of Acquiring

safely only by conforming to the civil law on this head.

Thus, congregations in the United States can, as a rule, hold
possessions in their capacity of congregations only by be

coming incorporated according

to law.

And

51

as the civil

laws relative to corporations are not unfrequently opposed

to the laws of the Church (v.g., by vesting the title to the
property in lay trustees), bishops with us are at times com
pelled to hold the entire Church property of the diocese

own name

absolutely in their

merely

i.e.,

in fee

simple and not

in trust.

Can

bishops, by virtue of their ordinary

power, change parishes whose rectors are removable ad
nutuin into parishes whose rectors are irremovable?
258. Q.

l^if

A. They can. For, as we shall show farther on, the gen

law of the Church not only authorizes but commands

eral

bishops to appoint irremovable rectors for all parishes."

Hence, as we shall see later, the Holy See always most

whose dioceses there are paroeciae

In
amovibiles, to change them into paroeciae inamovibilcs.
fact, the law of the Church presumes that the care of souls
earnestly urges bishops in

much better exercised by a

and who is therefore regarded as
will be

rector

who

is

inamovibiles,

the father of his parish

ioners and the sheplierd of his flock, than by a removable rec
tor, who, because of his movableness, is not looked upon in

law as a shepherd,
t.

in

the

29, n. 3.)

sense of the term.

full

(Cf.

De

3,
Angelis,
p. 498.
In accordance with these principles, and the proposals
made by the S. Congr. de Prop. Fide, in the Conferences
1.

held at

Rome

in

more ordains that

/?,

Third Plenary Council of Balti

diocese
the bishop shall, with the
every

1883, the
in

advice of his consultors, select a certain number of our mis54

Nixon

s Digest, p. 686, edit. 1855

Cone. Trid., sess.

24, c. 13,

De

Ref.

cfr.

Cone.

PI. Bait. II., n. 200.

Jurisdictio Ordinaria.

1 1

which have been thus far missiones amwibiles)

and make them missiones inamovibiles, in such number, that
at least one rector out of every ten will be in future irre
sions

of

(all

However, the Council advises the bishops not to

number, except for good reasons, within the first

movable."

exceed

this

twenty years after the promulgation

words of the Third Plenary Council (n.
portio (unus inter decem) ne
viginti

primos annos post

35) are:
Quae proinconsulte excedatur intra

Concilium"

"

(Plen. Bait. III.) "pro

ten was

The proportion of one out of every

mulgatum."
agreed upon as the minimum in the Conferences

Rome

in 1883,

The

of its decrees.

between the Cardinals

of the

held at

Propaganda and

our prelates.

whole question we prescind from certain

cases, altogether special and exceptional, particularly where
the rights of third parties are involved. Thus the Holy See
(S. C. C.) has decided that where a cathedral chapter has
the right to appoint and remove at its will the rector of the
a
cathedral, or where a person founding a parochial church

Of course,

in this

stipulates in the act of foundation that the rector shall be

b
removable, the bishop cannot make such rector irremovable.
Can bishops, also in the United States, change
tSif" Q.

parishes or missions whose rectors are irremovable into par

ishes or missions whose rectors are removable?

A. They cannot.

For they cannot derogate from or

dis

the general law of the Church which forbids rectors

pense
to be made removable, as we have seen.
Hence the Pope
in

alone can

make

the change in question.

Besides, it is a
law
of
that
while
general principle
bishops can ameliorate
the condition of churches, and therefore change removable
rectors into irremovable, they have no
66

Cone.
S. C.

b
e

power

to deteriorate

PI. Bait. III., n. 33. 35.

C. 29 Aug. 1857,

Apud

Pyrr. Corrad., Praxis Benef.

Corradus,

c.,

n. 288.

Lucidi, vol.
,

lib.

i.

iii.,

p. 243, n. 8. 9; ib., p.

cap. 6, n. 270. Colon.

248 so.

Agr., 1697

Manner of Acquiring

114

or lower their status/ and consequently are not allowed to

change parishes or missions that have irremovable rectors
into parishes or missions which have removable rectors.

That

axiom

this

of law holds also in the

United States

is

expressly recognized by the Third Plenary Council of Bal

timore (n. 34) when it enacts:
Missio cujus Rector semel
"

inamovibilis est constitutus, in posterum semper

Rectorem

habebit

inamovibilem."

What are, according to Schmalzgrueber," Reiffenand Ferraris, 69 the conditions required to constitute
a canonical parish ?
i.
That it be erected by authority
of the Pope or bishop;" 2, that it have a district circum
scribed by certain boundaries fixed by the bishop 3, that it
63
and has the care
have a rector," who is irremovable,
of souls and the power of the forum poenitentiale in
such manner that, de jure ordinario, he alone and no
one else is possessed of them; 4, that the parish priest
259.
58

stuel,

bound, and that by virtue of his office, to adminis

ter the sacraments to his parishioners, and that the latter
be

be obliged, in a measure, to receive them from

that the rector exercise the cura by virtue of his

turn

in

him

office

5,

that

is,

of another.

own name, and

in his

not merely as the vicar

may be adminis

However, canonical parishes

tered by, or actually in charge of, rectors, removable or

irremovable, who are merely the vicars of the parish priest
in habitu.

De Angelis seems

to maintain

that this

is

the

case with our parishes the bishop having the cura liabitualis,
and being therefore the parish priest in habitu of each and
;

According

to the

ferantur" lib. 3,
e

58
60

41

axiom

Deer.

tit.

Arg. C. Trid., sess. 24,

L.

iii.,

tit.

Ut

ecclesiastica beneficia sine diminutione con-

c.

13,

De

Ref.

29, n. 3; cf. infra, n. 641.

Can. Nullus n, causa

Can. Sicut

"

12.

4,

16,

caus. 21, q.

q
2.

M
*9

L.

iii.,

tit.

29.

V. Parochia,

n. 3.

7.
*

Reiff.,

1.

c., n. 7.

Ordinaria.

115

every parish in the diocese, thus retaining the titles of the

actualis
parishes and giving but the administration or cura
the
to our rectors, who are consequently vicars of
bishop."
260. Are our congregations or churches canonical pa

De

rishes?

argument

is:

His
Angelis seems to hold the affirmative.
A canonical parish is a church set apart by

the bishop, and having a population living within certain

fixed limits, and in charge of a priest or rector, who alone

can by virtue of his office preach and administer the sacra

ments and other spiritual offices to the parishioners. There
the bishop has designated a church and assigned
it
people living within certain fixed limits, and, moreover,
appointed a rector to have sole charge, he has erected a
fore,

when

Nor is it necessary that the bishop, in

canonical parish.
irre
erecting a canonical parish, should expressly mention
movability, for

it

inheres in benefices proper, and conse

quently also in canonical parishes, by virtue of the

common

law of the Church.

this eminent canonist, in the United
have
States parishes
generally been assigned fixed limits,
and are governed each by one rector, who has sole charge;

261.

Now, .continues

therefore, etc.

94

However,

it

is

the

general impression

here that our congregations, except perhaps

of California, are not canonical parishes.

ART.

in

some parts

111.

Erection of Parishes per viam dumcmbrationis

of Parishes also in the United States.

Division

Parishes are erected per viam dismembrafrom

tionis or division is, when certain portions are taken away
one or several old parishes in order to form new ones; or
order to form new
simply when old parishes are divided in
262. Definition.

"

49

De

Angelis. Pruel.,

lib.

i.,

tit.

2.S.

p.

54.

Ib.

Manner

is

oj

Acquiring

It is,
generally speaking," forbidden to divide bene
or parishes. 67 We say "generally speaking" for
bishops
may, under certain conditions, divide parishes, even against
ones."

fices

the will of the respective

pastors."

Now, what are these conditions? In other

words, when and how can a bishop divide a parish ? (i)

13

263.

Only iw just and

ly stated, (3) and
uments;
is

(4)

(6)

verified,

i.e.,

with the advice of

to be divided

ter

which must be express

proved to exist by public doc
the rector of the parish which

reasonable cause, (2)

with the consent of the cathedral

chap
new parish must be fixed, (7) and a

(5)

the limits of the

competent means of support assigned it; (8) the parish to be

divided must not be crippled by the division. Let us
briefly
explain each of these conditions.

We

But what
say, first, only for just and reasonable cause.
to be considered a just cause for the division of a
parish ?
The Council of Trent"" thus answers: "As regards those
is

churches to which, on account of the distance or the

difficul

ties of the locality, the

parishioners cannot, without great

to
receive the sacraments and to hear
inconvenience, repair
the divine offices, the bishops may, even against the will of
tfie

rectors, establish

maybe

new

Parishes, therefore,
the parishioners

parishes."

divided for two reasons:

i,

when

from the church as to be unable, 70 without great

inconvenience, to repair to it, in order to assist at Mass and
live so far

receive the sacraments; 2, when parishioners, though

living
near the church, cannot, without great
to it
difficulty,

go

by

reason of the difficulties of the locality, 71 v.g., because rivers,

railroad-crossings, and the like intervene between a certain
number of the parishioners and the church. 78 Now, either
of these causes

is

of itself a sufficient reason for the di-

65

Craiss., n. 337.

61

Cfr. Phillips, Kirchenr., vol. vii., p. 300.

49
"

Sess. xxi.,

Bouix,

De

c. 4,

ee

de Ref.

Paroch..

p.

254.

Rejff., lib.

ijj.,

tit.

68

xii., n. 22, 23.

Craiss., n. 341.

philips, Kirchenr., vol.

Cfr. lh., p

2 = 9.

vii., p.

302.

Jurisdictio

Or dinar ia.

117

vision of a parish and the formation of a new one." Ob

serve, however, that the distance or the obstructions of the
locality

must be such

to cause a
75

can

ever,

make

as to

ioners to reach the church

in a

it very difficult for parish

word, they must be such as

No

precise rule, how

distance or difficulty of

magnum incommodum^
be laid down as to what

The bishop is the com

required.
distance of two miles, or according to

access to the church

76

petent judge.

is

some, of one mile and a

smaller distance

may

half, is

suffice.

deemed

sufficient

even a

77

not lawful to divide a parish merely because of

the great number ot parishioners; for in this case the pastor
can only be compelled by the bishop to take as many assist264. It

is

needed

tant priests as shall be

supply the wants of the

to

78

parish.
IJjgr 265.

We

say, second, which

must

be expressly stated ;

other words, the bishop is obliged to inform both the

chapter and the rector of the parish to be divided, and others
interested, of the specific cause on account of which he
in

wishes to divide the parish, so that it may be seen whether

the proposed division is justified by sufficient reasons, and
to enable the rector to appeal, if he wishes."
80
say, third, verified ; for, as Lotterus and canonists

We

in general say, the mere assertion of the bishop that there is

a sufficient cause for the proposed division is of no value.

The

existence of the cause must be positively proved by a pre

vious investigation.
This inquiry is to be conducted in a
juridical,

13
16

"

"

19

though summary, not formal, manner.

Bouix,

De

Bouix,

1.

Thus

it is

Ib. pp. 250 and 258.

Paroch., p. 259.
Ferraris, V. Dismembratio, Novae additiones ex aliena manu., n. 12.
Ferraris V. Dismembratio, Novae additiones ex aliena manu., n.
13.
c.,

pp. 264, 265.

Craiss., n. 344; cfr. Cone. Trid., sess. xxi.,

Lotterus,
L.

De Re

c., n. 33.

Benef.,

1.

i,

q. 28, n. 24;

c. 4,

Leur.,

de Ref.
1.

c., q.

951.

Manner of Acquiring

iiS

go to and inspect the place or

But the entire investigation and its

sufficient for the bishop to

parish to be divided.
results must be written

down and put on public record, so

that there will be legal proof of the existence of a sufficient
cause. The reason is that the division of a parish is regard
ed as a true alienation of ecclesiastical property, and is there
fore forbidden by law except where there is sufficient cause.
Now, when the law forbids a thing to be done except for
sufficient cause, the existence of

ex

actis,

i.e.,
81

inquiry.

such cause must be proved

from the authentic and public records

It will

be seen that this verification

simple and summary, though

quently the rector

is

judicial,

to be cited

is

of the

made

in a.

manner; that conse

and heard

We

juridically, etc.

that is,
say, fourth, with the advice of the rector, etc.
the rector, owing to the loss or damage he is about to sus
;

by the proposed division, and because it is of public in

terest that churches should not be impoverished or crippled
by divisions, must be summoned in order that he may give
his opinion on the proposed division, and in general explain
his reasons, if he have any, for being opposed to the division.
This summoning of the rector is obligatory on pain of the
Yet the bishop, though bound, on
nullity of the division.

tain

pain of nullity, to listen to the rector s objections, and to ask

his opinion or advice, is not obliged to follow this advice,

and therefore may decree the

division, even against the will

of the rector and notwithstanding the latter s objections.
But if the bishop does so, the rector has a right to appeal,

though only in dei olutii o, either to the Metropolitan or

the Holy See. And if, upon appeal being made, the bishop
does not prove the existence of a sufficient, cause, or if the
appellant shows that the requisite formalities (solemnitates\
have not been observed, the division will be annulled, li
should be observed that not only the rector, but also the
81

Leur., For. Benef.,

p.

3,

q 951; Card, de Luca,

De

Benef., disc. 45. n.

6-

Jurisdictio Ordinaria.

119

parishioners of the parish to be divided, and others inter

ested, can appeal against the division for their interest is at
stake, and therefore thev can appeal.
;

We

fifth,

say,

with the consent of the cathedral

This will be more fully explained further, when

cliapter.

we come

to

treat of diocesan consnltors.

We

say, sixth, the limits of the

other words, the bishop must

in

parish, either by assigningcertain families.

We

it

new parish must

fix

a certain district or at least

means of support should be

This should be done with as little

say, seventh, a competent

assigned the

new parish!

prejudice to the mother-church as

bishop can, and should

of the

be fixed ;
the limits of the new

new church

to

need

if

be,

compel

contribute as

Hence

possible.

the

the parishioners

much

as

is

necessary

for the support of the rector, and the repairs

3
tenance of the church/
He may also, especially

and main
where the

new church

parishioners of the

church
church

We

are poor and the mothervery rich, assign part of the income of the motherto the new parish/
is

say, eighth, the parish to be divided

must not be crippled

Thus Pope Alexander III., in his celebrated

Ad audientiam, which was renewed by the Coun

by the division.
constitution

Trent, distinctly lays down the law that a parish can

be divided only when its income is sufficiently large to meet

cil of

expenses, without the help of the portion or district

which is to be taken from it by the division/
In fact, it is
an axiom of law that it is not lawful to uncover one altar in
order to cover another
Non licet discooperire nnum altare,
all its

"

ut alter um coopenatur" (Reiff.

**
83

Cap.

Ad audientiam,

12, n. 8.
85
86

cit.;

Leuren., For. Benef.,

Sess. xxi.,

84

p.

De

Arg Cap. Vacante,

iii.

Cone. Trid.,
r, q.

Cone. Trid.,

c. iv.

1.

159, n

t.

5.

n. 101.)

sess. xxi.,
i;

c.

iv.,

Card, de Luca,

sess. xxi.. c. iv..

De

De Ref.
De Decim.,

Ref.; Leuren.,

1.

c.,

disc.
n.

Ref.

xxvi.,

De praeb.

Ciii..

5),

Leuren.,

c.,

q.

158, n. 5.

i.

Manner of Acquiring

I2O

Ninth, the new church or parish must consider herself

as the daughter filia and the old church as the motherchurch ccclcsia matrix, and in consequence pay her annu
the
ally a certain sum of money or tribute, to be fixed

by

bishop as a sign of respect and dependence."

Tenth, the jus patronatns, or the right to present the rec
tor of the new parish, must be reserved to the rector of the

mother-church, as a sort of compensation for the loss sus

tained by the division.
ists,

v.g.,

88

However, according

Lotterus, Corradus, this right

is

to

some canon

reserved to the

mother-church only when it has contributed somethino&

toward the endowment or support of the new parish, but
not otherwise/
266. It would seem that, strictly
speaking, these con
ditions and formalities must be observed, on pain of nul
^

lity of

when

the division, only

there

is

question of the divi

sion of canonical parishes.

Now, parishes in the United
certain
States, save, perhaps,
parishes in the province of

San Francisco, 90 are

all regarded without

exception as mis
or quasi-parishes, and not as canonical parishes,
even where their rectors are irremovable. 61 The same holds

sions

true of England, 9 and, in general, of all missionary countries.

Hence, in the division of parishes, or rather missions, here
2

and

in

England, and

general in missionary countries, the

bishop may laudably indeed comply with the above con
ditions and formalities as far as practicable, but yet he is
not obliged to do so, under pain of nullity, save in so far as
in

these conditions are based

upon equity and natural justice, or

is, by special or local law.

are imposed by statutory law, that

61

Cap.

p. 291;
88

89
90

Ad audientiam,

Leur.,

Cap.

1.

c., n.

Ad audientiam.

Leuren.,

1.

c., q.

Infra, n. 654

de Eccl. aedif.
Lott.,
cit.

157, n. 6

1.

(iii.

48);

Phillips, Kirchenr., vol.

c., n. 46.

Phillips, Kirchenr.. vol.

;

Cone. Prov.

91

Cone.

92

Leo XIII., Const. Romanes

Lotterus,
S.

De Re

Francisci

I.,

vii., p.

Benef.,

Decret.

1.

XVI.

PI. Bait. III., n. 24.

Pontiftces, 1881,

Prof cto.

i,

291.
q. 28, n. 46.

vii...

Jurisdutio Ordinaria.
fl^jT"

We

Above Principles to the U. S.

when these conditions are imposed by
Now, what is our statutory law in this mat

267. Application of the

have just

statutory law.

said, save

The TJiird Plenary Council of Baltimore, recognized

the
Holy See, Sept. 21, 1885, enacts that when parishes
by
are divided, even though they have irremovable rectors,
ter?

new

the

church.
eral

93

parish or mission will be independent of the motherHerein our statutory law differs from the gen

law, which, as

we have

seen, preserve a certain de

pendence of the daughter-church upon the mother-church.

Next, the TJiird Plenary Council decrees that our missions

or parishes, whether they have irremovable or only simple

rectors, can be divided only with the advice of the consultors, and also with the advice of the rector of the mission
94

These two conditions necessarily

the
formalities
required for the division
imply nearly
For the previous
of canonical parishes enumerated above.
advice of the consultors and rector is prescribed in law, in
which

is

to be divided.
all

it may be seen whether there is a cause for the

it is sufficient, whether it is properly es
whether
division,
tablished, whether the mother church is not unduly crippled

order that

by the

division, etc.

it allowed to appeal against the division of

canonical parishes ?
A. According to the o^neral law of the Church, as in full
force at present ail Jver the world, it is always lawful
for the parish priest, parishioners, and others interested, to

268. Q. Is

appeal, though only in devolutivo, against the action of the

bishop ordering a parish to be divided, and that whether he

proceeds as Ordinary or as delegate of the Holy See. This

is
proved from the Const. Ad Militantis of Pope Benedict

XIV., which enumerates among the cases where adevolutive

Item
appeal is permitted the following, under Article XL
"

;!

Cone.

PI. Bait. III., n. 34.

Ib. n. 20.

Manner of Acquiring

122

a decretis seu mandatis per quae Episcopi, etiam uti

Apostolicae Sedis Delegati
etiam invitis Rectoribus, procedant ad constitutionem novarum Parochiarum
ubi ob
.

locorum

sive

distantiam,

audienda accedcre non

Q. Is

Parochiani, sine

difficultatem,

magno incommode, ad percipienda sacramenta,

officia

et

divina

95

possunt."

permitted to appeal against the division of mis

sions or quasi-canonical parishes, with us, in
England, Scot
land, and other missionary countries ?
A.

it

It is,

and that whether the bishop proceeds as Ordi

nary or as delegate of the Holy See. This is evident from

the fact that the Const. Ad Militantis, which
gives the right
of appeal against the division of parishes, as we have
just seen,
has been expressly made obligator} in the United States,
by
the S. C.

cle

The words

Prop. Fide, in its Instr. Cum Magnopere, art. xxxvi.

de Prop. Fide are:
In appellatione

of the S. C.

observentur normae expressae

XIV. Ad
It

Pope Leo

Const. Sa. Me. Benedict!

in

Militantis, diei 30 Martii

also

is

"

1/42."

proved from the Const. Romanes

XIII., as authenticallv interpreted

Pontifices of

by the

S. C.

de

Prop. Fide, at our humble request. The words of the Su

preme Pontiff, in the said Const. Romanos Pontifices, which is

now

obligatory also in this country, are

licere Episcopis Missiones dividere
.

"

Respondemus

Quo

melius an tern

mission! quae dividenda sit, ejusque administris prospiciatur,

volumus ac praecipimus ut sententia quoque rectoris exquiratur,

positum

quod jam accepimus laudabiliter esse in more

quod si a religiosis sodalibus missio administre-

Praefectus Ordinis audiatur

salvo jure appellandi, si res

a
decrcto
ad
Sanctam
Sedcm in devolutivo
cpiscopali
postulet,
tant um."
tur,

It

is

certain, therefore, that all

secular and regular, movable and

95

Cf.

our missionary rectors,

irremovable, have the

Bouix de Paroch.,

p. 280.

Jurisdictio

Or dinar ia.

1220.

right to appeal in devolutivo, against the action of the

nary dividing their missions or quasi-parishes.

Ordi

We

In other words, the

have said, in devolutivo.
the
or
not
does
bishop s decree or
suspend
stay
appeal
but
or
the
action dividing
mission,
merely transfers
parish

whole case for adjudication to the judge of appeal,

whose right and duty it is to confirm, modify, or revoke the

the

bishop

decree.

U^if

A. 1.

96

269. Q.

To whom

distinction

exempted and

is

made ?
drawn between the division

the appeal to be

to be

is

that of

non-exempted parishes (with us,

97
When the bishop divides ex
missions or quasi-parishes).
empted parishes or missions, that is, parishes or missions
which are under the control of regulars who enjoy the
made to the
privilege of exemption, the appeal cannot be
metropolitan, but must necessarily be made directly to the
of

Holy
ject,

See. a

not to

exempted regulars are sub

Con
the bishop, but directly to the Holy See.

The reason

is

that

sequently the bishop can divide their parishes or missions,

not bv his ordinary power, but only by Papal delegation, as
6
conferred upon him by law, that is, by the Council of Trent
Now it is a principle of canon law that an appeal must

always be interposed from the superior delegated to the

au
superior delegating, and from the lower to the higher
But the
thority, but not from the higher to the lower.
bishop, in the case, acts as delegate of the Pope,
therefore, as such, not inferior to the metropolitan.

and

is

2. But when the bishop divides non-exempted parishes

or missions, that is, parishes or missions in charge of secular
Priests, or also of religious communities which do not enjoy
the privilege of exemption, the appeal can be interposed to
96

Bouix, De Paroch,

p. 280.

97

Leur. for. Ben., p.

3. q.

959.

Fagnan. ad cap. 3 de Eccl. aedif., n.

Cone. Trid., sess. 21, c. 4, De Ref.

45, 49.

Manner of Acquiring
the metropolitan, or of course also
directly to the Holy
c
and
that
even
the
See,
though
bishop proceeds as delegate
sedis apostolicae*

For, in the case, the bishop can proceed

both by virtue of
of the

his

Holy

ordinary jurisdiction and as delegate

in all cases where he can act in

Now

See.

virtue of this twofold

authority, the Papal delegation or the
power delegated by the Holy See has for its object merely
to assist and to strengthen the
ordinary jurisdiction of the
bishop, but not to supersede it, or to impair the general law
of the Church, either in
regard to appeals or any other
matter. 6
Here it may be observed that the bishop is authorized by law, v.g., by the Council of Trent, to act as
delegate
of the Holy See, either with regard to the
(a) secular clergy
or also non-exempted religious, (b) or
exempted regulars.
In the latter case, he can act
in
solely by Papal authority
the former, he can proceed both
his
and
also
by
ordinary
;

by

Papal authority.
\

ART. IV.
The Erection of Parishes per viam Unionis.

A parish

270.

is established
per viam unionis when several
are united into one so as to form, under a certain

"

parishes
aspect, a

new

parish.

chiefly in three

Now,

parishes or benefices are united

aeqiialitatem, per subjectionem, and

unio per aequalitatem or unto
aeque

ways: per

per confusionem.

I.

The

effects no change whatever in the status of the

9
thus
united, save that they are governed by one
parishes

principalis

"

S. C.

Stremler, Des Peines Eccl

De

EE.

RR., 16 Oct., 1600, decretum ad

Brab., vol.

Bouix,
* Cfr.

et

1.

c., p.

ii.,

p.

p.

445

440.

244.

Craiss., n. 337.

98

Cfr. Phillips, Kirchenr., vol

99

Ferr. V.

Unio Benef.,

n. i.

vii., p.

320.

tolle^das,

vii.

Jurisdictio Ordinaria.

123

and the same pastor. 100 It may, in a certain sense, be said

that, in the United States, churches or congregations are
not unfrequently united in this manner for there are many
instances where two or three congregations, though ad
ministered by one and the same pastor, are, nevertheless, in
;

everything else independent one of the other hence, too,

the accounts of each of these parishes are kept separate by
;

the pastor.

The

2.

271.

unio plenaria

"

unto per subject ionem

(also unio accessoria,
una
is effected
ecclesia alteri ecquum

"

"

"")

tanquam accessorium

clesiae conjungitur, eique

loa

subjicitur."

Churches thus united

lose their

principali

name or

title,

church to which
103
in
are
annexed.
out-missions
the
United States,
Small
they
are
in
a
where churches
measure be said to be
built, may
thus united to the principal church where the pastor

and

their revenues are transferred to the

resides.
272.

The

3.
104

unio per confusionem (imio translativa, unio

quum suppressis titulis duarum aut

inde ecclesia creatur, ut si ex
nova
ecclesiarum,
plurium
duabus ecclesiis parochialibus, quorum reditus valde tenues

txtinctiva

una

sint,

occurs

tertia

"

ecclesia

eaque

parochialis,

novo

titulo

105

erigatur."

273.

These three kinds of unions can be made use of only

when parishes are united to other parishes or benefices with

the care of souls, but not when parishes are to be united
with an ecclesiastical corporation, v.g., a chapter, monastery,
college,

and the

like

unions in the latter case are

made

dif

106

ferently.

Who

Q.

274.

has

power

to

unite

benefices

and

He

can,

churches?
A.
100

i.

Only the Pope can unite bishoprics.

OI

Phillips, Lehrb., p. 140.

109

Soglia,

m Soslia,

1.

c., p.

1.

c.

157.

Cfr. Phillips, Kirchenr., vol. vii., p. 322.

104

Ib.

Soglia,

1.

c.,

p.

158

efr.

Cfr. Phillips,

Phill.,

Lehrb.

1.

c., p.

p. 141

323.

Manner of Acquiring

2 A.

moreover, unite
for

can,

bishop

churches

other kinds

all"

An

2.

The

benefices

and

benefices.

unite

causes,

legitimate

in his diocese.

of

archbishop, however,

108

cannot

unite benefices in the dioceses of his suffragans.

3. The
109
sedc
and
hence
the
vicar
vacante,
chapter,
(with
capitular

the

administrator), can unite

churches which the bishop can unite.
us,

those
4.

benefices

The

and

vicar-general,

110

no power to unite benefices, save when spe

however, has
commissioned
to that effect by the bishop.
cially

What conditions are required

may be lawfully consolidated or

Q-

-75-

parishes

bishop ?
A. According to the

order that

in

united by the

common

opinion of canonists, three

a just cause, v.g., if the parishes
are too poor to support separate
pastors; 2, citation or
all
the
of
parties interested, as explained in the
summoning
conditions are essential

i,

"

caso of the division of parishes; 3, the consent 112 of the

cathedral chapter the consent of the people or faithful of
the parishes to be united is not required. 113
;

Q. Has the power of uniting parishes and benevested in bishops by the jus commune, been restricted
by 1he Council of Trent ?
A.
said above that bishops, by virtue of the jus com.,
.t/6.

ficen,

We

have power to unite parishes and benefices situate in their

dioceses
they can, moreover, according to the Council
;

make

these unions not only in their capacity of

Ordinaries, but also as delcgati S. Sedis, and even though the
114
This
parishes to be united are reserved to the Holy See.
of Trent,

power of bishops
restrictions.

107

110

m
114
116

115

Reiff., lib.

Bouix,

Bouix,

De
De

is,

however, not without

Thus,

iii., tit.

Ferraris, V.

to unite parishes

108

12, n. 53.

Unio Bencf.
Paroch.,

UI

n. 13.

Soglia, vol.

113

p. 285.

Reiff.,

Paroch., pp. 286, 287.

Cfr Phillips, Kirchenr

vol. vii

**

Craiss., n. 360.

p. 325, seq.

1. c.,

ii.,

n.

lt>

p. 159.

76

Jurisdictio Ordinaria.

125

bishop can unite parishes only with othei

with monasteries, abbeys, hospitals,
,arishes, but not
i.

277.

11

ft

and the

colleges,
2-g.

"

like.

the
parish in one diocese cannot be united by
the same parish
bishop to a parish in another diocese, lest
9
In the
two
different
to
become
should
bishops."
subject
confines
near
the
United States it sometimes happens v.g.,
of two dioceses that a church or congregation in one dio
2.

attended by a priest of another diocese living near

the confines or boundaries of the two dioceses, and having
from each ol the respective bisnops. This union
"faculties"
cese

is

of congregations belonging to two different dioceses is not.

in this country, because our
strictly speaking, unlawful

or bene
parishes are missions rather than canonical parishes
fices, to which alone the above Tridentine restriction applies.
unless neces
strictly speaking ; because these unions,

We

say,

sary,

seem to be opposed

279.

to the spirit of the Tridentine decree.

Again, bishops can unite parishes only perma

3.

nently, but not temporarily,

v.g., for

the

lifetime"

of the in

cumbent. To understand this better, we must remember

that the union of parishes is of two kinds one is permanent
:

but temporary (unio temporalis}.

quando exprimitur ut perpetuo
permanent
is
quae
union
that
temporary, on the other hand.

(unio perpetua), the other

union

is

"

is

"

iuret
fit

"

ad tempus,

v.g.,

ad vitam ejus cui

conceditur."

above that bishops can make unioncs pcrFrom this it must not be inferred, however,
petnas only.
that when parishes are once united by bishops they cannot

We

280.

sr.id

For, though the unio of

by them.
a bishop, should be unio perpetua, it
parishes, as made by
be unio indissolubilis
account
need not on that

again be

disunited

"

u<

"

118

Reiff., lib. Hi.,

Soglia, vol.
Ib.

"

Ib..

cfr.

ii.,

tit.

p.

12, n. 61.

iGo

Cone. Trid.,

38, 37-

cfr.

Cone. Trid.,

sess. xiv.,

c.

sess. xxiv.,

ix., d.

R.

c. xiii.,
"

d. R.

Reiff.,

1.

c., n.

$a

126

yurisdictio Ordinaria.
i
"

281. This brings us to the disjunct

beneficii or parochiParishes which have been united may again,
alts ecclesiae.

under certain conditions, be disunited by the bishop, and

This severance

thus reinstated in their former condition.

or dissolution of the unio

282.

We

Q.

ask,

i,

is

for

named

"

"

disjunciio

what causes;

ner or under what conditions

3,

by whom,

beneficii."

in

2,

is

what man

the disjunctic

made?
A.

Causes: Parishes that have been united

I.

may

be

when

the causes for which they were consolidated

have ceased to exist, v.g., if the number of parishioners has

disunited

grown

larger, or

creased, and the

2.

Conditions

if

like.

the revenues of the parish have in

123

The

or conditions to be ob

formalities

served in the disjunct io are the same as those required for

the unio namely, i, verification of the cause 2, summoning
;

of

all

persons interested in the disjunct io ;

3,

consent of the

124

chapter.

The

3.

disjunctio

is

to

be

made by

authority of the

dissolve unions
Bishops can disunite parishes
bishop.
of parishes not only when made by themselves, but also
when made by their predecessors, or even by the Holy
z>.,

See.

"

By whom

are civil offices of the Federal

created in the United States?

The

Government

President of the United

States can create no office, because the Constitution re

quires
121

it

to be established by law.

Soglia, vol.

ii.

p. 162.

Walker, Introd.

to

m Ib.

American Law,

126

m Ib.
p. 100.

Ib.

Ib.

CHAPTER

VTI.

ON APPOINTMENTS TO ECCLESIASTICAL OFFICES OR BENE.

FICES (DE INSTITUTIONS CANONICA).

ART.

Of

Appointments

in

I.

General (de institutions canonica in

genere].

the conferring of an ecclesiastical office (instituconcessio^ collatio, provisio, donatid) we here mean the ap
pointment to a vacant ecclesiastical office of whatsoever
283.

By

tio,

made

manner, by authority of the proper

The word institutio is, in a broad
superior.
to
sense, usually applied
any canonical appointment what
*
in a strict sense, only to appointments where the per
ever
son to be appointed is designated by the patronus* i.e., the
person vested with the jus patronatus and where, conse
kind,

in a lawful

ecclesiastical

quently, the ecclesiastical superior confers the office, but

b
does not designate the person upon whom it is to be con
ferred.

That a person, in order to hold or fill an ecclesiasti

cal office, must be properly or canonically appointed to it, is
proved from the Sacred Scriptures, the Council of Trent,
and canon law.*
284.

285.
cal

The

office,

conferring of or appointment to an ecclesiasti

being an act by which ecclesiastical rights and

Craiss., n. 370.

"

Phillips, Lehrb.,
4

Craiss., n. 370.

Phillips,

1.

c., p.

Sess. xxiii., can.

144.
*

7.

Ib.

cfr.

77, p. 142.
lib.

i.,

tit. v.,

i, Epist. ad Hebr.
Craiss., n 371.

Jo. x.
Cfr.

Devoti,

v. 4.

lect. iv.,

47

On Appointments

X28

to

are bestowed, and being therefore

offices

spiritual authority, can

"iors

i.e.,

be

made only by

the prelates of the

Church

an exercise of

ecclesiastical supe-

not by lay persons.

Kings, it is true, have sometimes been empowered by Popes

but this was only by I0
to confer ecclesiastical benefices
special privilege. Lay persons cannot, as such, confer eccle
;

siastical offices.

From this it follows i. Investitures in the Middle

were
deservedly condemned
Ages
by Popes Gregory VII.
II.
2.
In
like
and Callistus
manner, Pope Innocent XI. was
very justly indignant at the concession made by the French
bishops in 1681, by which the King of France was to be al
lowed to confer all those benefices of his kingdom to which
no jurisdiction was attached. 3. All those persons are to be
286.

"

"

looked upon as intruders who, being rejected, 13 even though

unjustly, by the proper ecclesiastical superior, have recourse
to the secular

power

to obtain, or rather invade, ecclesiasti

cal offices.
3

fSir 287. Q. Can

who

one

is

elected,

presented,

or

nominated
upon its admin
istration under some title or other before he has obtained
and properly made known the bulls of confirmation from
the Holy See ?
to a prelacy or bishopric enter

We

A.
the

case

premise: It
one who

is

necessarv to distinguish between

already the vicar-capitular (with

of
the
vacant diocese, at the time he is
us, administrator)
nominated, presented, or recommended to the Holy See,
of

and one who

trator

the

not the vicar-capitular with us, adminis

at. the time he is
presented to
See for the vacant see.
is

of the vacant diocese,

Holy

We now answer
of one

11

is

who
Sogha,

is

vol.

I.
In regard to the second case, namely,
not already vicar-capitular, it is certain that

ii.,

Craiss ., n. 372

p.

166.
l

Ib., n. 373.

10

Ib.

l3

Ib., n. 375.

Ecclesiastical Offices or Benefices.

who

persons

proper sense

are, in the

129

of the term, elected to

episcopal sees can neither lawful!} nor validly engage in the

administration of such sees, under any pretext or guise what
7

soever,

v.g.,

before they have obtained

as vicar-capitular,
letters ol confirmation.
Thus

and exhibited their apostolic

6\ issued by the Oecu

menical Council of Lyons, held under Gregory X. in 1274,
Sancimus ut nullus administrationem dignitatis
enjoins
the decretal Avaritiae

de

elect, in

"

ad quam electus est, priusquam celebrata de ipso electio

confirmetur, sub oeconomatus vel procurationis nomine,
aut alio de novo quaesito colore,

in spiritualibus vel

tempoper ahum, pro pane vel in totum, gerere

vel recipere, aut iili se immiscere praesumat."
Those
who act contrary to this law forfeit, co ipso, all rights of
ralibus, per se vel

become

their election, and

Again, Pope Boniface

soever."

any prelature what

ineligible to

(1300) enacts that

VIII."

persons qui apud Sedan Apostolicam promoventur, besides

receiving their bulls or letters of confirmation from the
Holy See, must also show them to the proper parties, and
nulli eos (electos) absque dictarum litterarum ostenthat
"

sione, recipiant, aut eis pareant, vel

Whatever

intendant."

is done by persons who enter upon the government of a

diocese contrary to any of these prescriptions, is ipso jure
19
null and void.
Finally, all the above laws were confirmed

and

by Pope Pius IX.. both in his Const.

Susp. I., and in his Apostolic Letters,

strictly inculcated

Apostolicae

Romanes

Scdis,

"

Pontifcx, i873.

From what has been said, it follows that a person elected

above cannot, even in case the vicar-capitular with us,
administrator dies, resigns, or is removed, be chosen by
as

the chapter or other party having the right to

17

18
19

Reiff.,

Mb.

i.,

6, n.

tit.

i,

Cap. Injnnctae

cit.

De

Cap. Injiinctne

40

sq.;

Bouix,

De

Elect, inter Extrav.

20

Acta

P.

Episc., vol.

com.

(i.

S**rlis.

i.,

p.

make

the

249, 264 sq.

3).

vol. vii.. pp. 401.

402

<=q.

On Appointments

130

to

appointment, as the vicar-capitular or administrator of the

vacant diocese. Thus Pope Pius IX., in the above consti
tution Romanns Pontifex, expressly decrees:
Decernimus
"

ut

si

interea vicarius-capitularis decesserit. aut sponte suo

alia causa officium ipsum le-

muneri renuntiaverit, aut ex

vacaverit, tune capitulum, vei capitulo deficiente,

qui potestatem habet deputandi vacantis ecclesiae adminis-

gitime

tratoreni,
eliget,

novum

nunquam

laica potcstate nominatum,"

The

vicarium vel administratorem

quidem

vero election in episcopum a capitulis aut a

"

etc.

object of these severe laws

is

to prevent all attempts,

at intrusion of bishops, or at forestalling- the action of the

Holy See, or at coercing, so to say, the Holy See into con

firming a nominee on the ground that once in posses sion, he

should not be disturbed, but confirmed, in order to avoid

greater

evils.

28

288. Whether the above applies not

only to fhose who
are elected by chapters or nominated by civil rulers, but
also to those who with us are proposed 23 to the
Holy
See, in the manner laid down by the Third Plenary Council

of Baltimore, seems controverted. For, on the one hand, it

may be said that the decretal Injunctae" speaks not merely
of such as are elected, but, in a general manner, of all those
"

qui promoventur apud sedem apostolicam; that candidates,

with us, who are proposed to the Holy See, evidently belong
to the class of those qui

apud apostolicam promoventnr, and are

24
On the other
consequently included in the above law.
hand, however, it may be argued that the law in question
does not expressly include our candidates, and therefore
should not be extended to them, since odia sunt restringenda.
289. In favor of this latter view it may be said that the
decretal Nihil 44., De Electione, issued by Pope Innocent III.

Lateran Council (ann. 1215), ordains that persons

Ada S Sedis, vol. \
Reiff.,
p. 404.
6, n. 37.

in the
21

ii

23

See our Notes,

- -

1.

"

p.

93

sq.

Cfr. Bouix.

De

i.,

t.

Episc., vol.

i.,

pp. 268, 269.

Ecclesiastical Offices or Benefices.

elected

131

administer the diocese to which they were

may

25

elected even prior to obtaining the bulls of confirmation, si

si/it extra Italiam, atque id dcposcat dioecesis necessities aut

However,

utilitas^

to this

it

may

be retorted

It is a

i.

con

troverted question among canonists whether the decretal

Nihil was not entirely revoked by the subsequent decretals
Avaritiac and Injunctae. and whether it is therefore of any
2. Even though we admit that the de
force at present."
7

cretal Nihil

is still in

force, yet its provisions are applicable

to those appointees only who are outside of Italy and are

unanimously elected by chapters, but not to those who are
"

nominated or proposed by temporal rulers or presented by

In any case,
the clergy and bishops in the United States.
therefore, the decretal Nihil relates merely to several dio
ceses of Germany, where alone bishops are still elected by
29
Whatever may be said,
the canons of cathedral chapters.
it is certain that no priest in the United States, who has been
presented to the Holy See for a vacant bishopric, can assume
the administration of such diocese as bishop elect, before he
has received and exhibited vg., to the administrator of the
vacant see the Papal brief of his appointment.
290.

II.

We

come now

to the

case

first

namely, of

the person who is already vicar-capitular or administrator

of the vacant see at the time he is commended or presented
to the

Holy See

for such diocese.

We

ask, therefore:

Do

In other words
the above laws apply also to this first case ?
Can those who are already administrators of vacant dioceses,
:

also in the

United States,

at the

time they are nominated or

presented to the Holy See for the vacant diocese, continue

to administer the vacant diocese for which they are nomi-

"

"

29

Cfr. Soglia, vol

Ap. Bouix,
Bouix,

1.

c.,

1.

c.,

ii.,

p. 64,

p. 266.

p. 266.

28
28

Ap. Bouix,

1.

Ib., pp. 271,

c., p.

272

271 seq.

cfr. ib.

p. 266.

On Appointments

132

to

nated, before they have received and exhibited their bulls

30
(with us, briefs or letters) of confirmation from Rome?
32
and
question is controverted. De Angelis,
Santi,
others hold the affirmative, chiefly on the ground that the

The

31

above decretals ^z/drzVztfr and

Injunctae, as confirmed

uy Pope
Pius IX., speak merely of those who attempt to enter upon
administration of the vacant see, but not of those who are
already in possession of the administration of the riocese at
the time they are proposed or nominated for it, and conse

quently not of the vicars-capitular or administrators

in

ques

tion.

291. Reiffenstuel

and others maintain the negative, prin

cipally because the above decretals do not expressly make

any distinction whatever between those who are vicars-ca

pitular and administrators at the time of their nomination,
and others who are not, but decree in general that no one

who

presented for the vacant see shall engage in its ad

ministration before he has received and shown the apostolic
is

letters of confirmation.

1*

Whatever may be

292.

said respecting the controversy,

it

seems that as far as regards this country, Ireland, England,

and Canada, the affirmative opinion is the more probable.
For the presentation of candidates, as made in these countries,
is

not an
30

So

electio,

nominatio, wrpraescntatio in the canonical sense

concerns the United States, the brief or apostolic letters of con

S. C. de P. F. to the metro

far as

firmation are usually sent by the Prefect of the

politan of the province comprising the vacant see.

3I

elect.
8*

Lib.

i.,

t.

Prael., lib.

i.,

t.

and

6, n.

28, n. 68.

The Schema de

13

Sed. Ep. vac., cap.

i.,

and by him

id., lib.

Lib.

i.,

v..
t.

tit.

to the bishop
28, n. 23.

6. n. 43.

of the Vatican

Council proposed

to decide the question as against allowing administrators to continue the ad

ministration after their nomination.

vicarius

capitularius certum

The words

of the

nuncium habuerit de sua

Schema are
electione,

"Si

ipse

nominatione

seu praesentatione ad praedictam vacantem ecclesiam, eo ipso

officio cesset, et
capitulum ad novi Vicarii ieputationem dereniat." Martin, Doc., p. 133; id..
al>

Arbeiten.

etc., p. 88.

Ecclesiastical Offices or Benefices.

133

To be elected, nominated, or presented, in the

true sense, the candidate should be either elected by the

of the term.

chapter or nominated by the civil authority, not on a list of

three or more, but all alone. In the countries mentioned
the candidates will be three in number, none of whom will

know whether he

is to be
appointed by Rome. Should such
an uncertain presentation debar the administrator, whose
name is on the list, from continuing in office, even though

he knows that he

is

on the

Moreover, according to
in Ireland and
Eng

list ?

the universal practice prevalent here,

land, administrators who are put on the

This practice

known

is

at

list

continue in

office.

Rome, and yet has never been

reprobated.

H^IP To sum up:

i.

It is certain that

with us, as else

where, no one who has been presented to the Holy See for
a vacant diocese can enter upon its a-, ministration us
bishop1

perform even the slightest act of jurisdic

before he has received and shown the apostolic letters

elect, or,

tion,

as such,

of his appointment.

the United States,

2.

It is

disputed whether candidates in

who

are not already administrators of the

vacant see at the time they are recommended to the Holy

See for

it,

mendation

can be appointed administrators after their com

but it appears more probable that they can con
;

tinue to act as administrators, in case

they had
appointed as such, before their commendation.

been already

however, commonly teach that these

assume
the administration of the diocese even
persons may
before they receive confirmation from Rome, especially in
two cases, i, when 53 this is done by special consent of the
Canonists,

293.

34

or by virtue of privilege.
Observe, that a bishop
elect cannot exercise ar.y act wliatevcr** of episcopal jurisdic

Pope

2,

before he has received

v.g.y make appointments, etc.
and exhibited the bulls of his appointment on the other
hand, he can assume the administration in full of his diocese
vo
as soon as
he has shown the bulls of his appointment (in
tion

33

Riff..

35

Ib., n. 36.

i.,

tit.

6, n. 46.

34
36

Ib., n. 47.

Craiss.,

Man.

n. 385.

OH

134

Appointments

to

bishop s council), even before he

has received consecration or taken possession of his see
He may exhibit the
inthromzatio* }.

this country, v.g., to the

(possessionis assumptio,

bulls

and take possession of

his see either personally or

by

proxy.

be made

in

offices

ecclesiastical

Should appointments to

Q.

294.

writing?

A. The appointment (imtitutio canonicd)

is

to be

made

made by

In
bishops.
given the ap
in formal and canonical letters of

either by the Supreme Pontiff or

executed and
the first case, it should be
it is

5i)

pointee in writing

appointment
institntionis)

i.e.,

(litter ac provisionis, litterae

in the

confirmations litterae
namely, when persons are

second case

>

it does not appear

(v.g., to a parish)
the
of
the
for
appointment (ad valorem
validity
necessary
When we say in
in writing.
institutwuis] that it should be

appointed by bishops
40

"

writing"

we mean not an

ordinary, even though

official, let

ter from the bishop to the appointee, but a formal instru

41
drawn up, signed, sealed.
i.e., canonically
ment,

properly

and delivered

We

(litterae provisionis).
"

validity of the appointment

for

it

said above,

seems

"

for the

that, at the present

in order to be lawful" should

day, appointments by bishops,
be in writing this, however, holds, at least strictly speak
;

to canonically established offices or

ing, only of appointments
in the strict sense of the word, of
parishes, but not, at least
no canonically
appointments in countries where there are
Our bishops make their
established offices or parishes.

or by
appointments to parishes and the like either verbally
ordinary letters, but not by formal instruments.
the exercise both oi juris295. Finally, it is necessary for
the
diaio trdmaria and dclcgata that
person appointed should
at least implicitly accept the appointment.
37

M
a

se

Craiss., n. 385.

41

Cfr. Soglia,

4!

CraJss., n. 386.

Phillips, Lchrb., p. 146.

Craiss., n. 382.
Ib., p. 189.

40

Ib., n. 383.

43

Jus Privat.

t. ii. (

p. 190,

Ecclesiastical Offices or Benefices.

ART.

Of

Appointments

to

135

II.

Ecclesiastical Offices

Election, Postulation^ Presentation,

in

and

Particular

Of

Collation.

296. In the foregoing paragraph we discoursed on ap

pointments in general in the present, we shall briefly treat
;

of the various

ways
Church are made.

chiefly in four

sentation

which appointments to

in

Ecclesiastical

ways:

by election;

I,

4, collation.

We

offices

offices in the

are

conferred

postulation 3, pre
shall briefly explain each.
2,

Election (electio).

I.

297. By election (electid) in a general sense is meant any

appointment whatever to ecclesiastical offices, whether it be
in the form of postulation, presentation, etc. 45
By election,

we mean

in a strict sense,

a distinctive

mode

of filling eccle

or of making appointments, which is defined

Electio est personae idoneae ad vacantem ecclesiam, per

siastical offices,
"

eos quibus jus eligendi competit, canonica vocatio, auctori40

tate superioris confirmanda."
At the present day none
out the following persons are, properly speaking, elected to
offices

the

and bishops

Roman
in

Pontiff, regular prelates, capitular vicars,

some

298. Elections

parts of

may

47

Germany.

be held

in

one of these three ways

per compromissum ; 3, per

per quasi inspirationem ; 2,

Let us explain these forms.
299. First, an election is held in the form of quasi inspira
tion (eleciio per quasi inspirationeni), when all those who are
entitled to vote, without even a single 49 exception, and with-

only:

scrutinium.

44

Soglia, vol.

ii.,

Reiff.,

n. 4.

p. 165

cfr.

Craiss.. n. 387.

48

48

1275

1.

c.,

Cap Quia propter

;

cfr.

Craiss,

4S
4r

42,

n. 389.

De

Reiff, lib.

i.,

tit. vi.,

n,

3.

Craiss., n. 388.

Electionc, issued by the Fourth Lateran C. in

"

Phillips, Kirchenr.. vol. v., p. 852.

On Appointments

to

out any special previous arrangement, choose by acclama

ro
one heart and mouth, some
and, so to say, with

tion,

person to

fill
"

rangement

We

without any previous ar

say,
(nullo praecedente tract atu} for the electors must,
an

office.

"

mere mention of the name of the candidate,

unanimous!) proclaim him as their choice for the office
this sort of election, therefore, must be spontaneous, not
so to say, at the

preconcerted. Any previous arrangement as to the person

to be elected, and all influence brought to bear in his favor,
are excluded from this

an

300. Second,

mise

mode

election

of election.

61

takes place in the form of compro-.

"

quando capitulares praeper coinpromissuvi],

sentes facultatem eligendi in unum vel plures idoneos viros
(electio

The persons thus

conferunt, qui vice omnium eligant."
selected to perform the election (compromissarii} need not
be

63

members

ecclesiastics.

vote

titled to

be
chapter; they must, however,
all
The consent of
the vocals or persons en
of the

indispensable to an absolute, but not to a

is

limited, compromise."

is

301.
that

Third, the election by suffrage

(electio per scrutinium}

quae praesentibus omnibus, qui debent, volunt, et

"

eum

in

per collectionem suftragiorum circa

fit

possunt interesse,

quern major

**

et sanior

pars

capituli

consentit."

This form of election, ^herefore, consists in this, that each of

the voters casts his vote separately, either viva voce or

namely, by ballot or

secretly

ally held in this

302.

manner

lates

pro

ecclesiis

is

Phillips, Kirchenr., vol.

Ib., n. 69.

**

i., tit.

Reiff.,

1,

v., n. 18.

c., n.

no.

61

v., p.

869.
"

Ib., n. 70.

Kirchenr., vol.

Phillips,

of one or the other of these three

obligatory only in the election of pre

M
that is, of bishops
and irremov-

"

voti, lib.

by

Elections are usu

ballot.

vidnatis

"

i.e.,

The observance

forms of election

ticket."

58

v., p.

876;

cfr.

Reiff.,

Ib., n 71-77.

Bouix,

Ib.

De

Capit,

1.

c.,

n.

Ib.. n.

p.

68

108

185; DP-

Phillips, Lehrb., p. 206.

Ecclesiastical Offices or Benefits.

6

137

the election of inferior persons, v.g., of

all
canons, no particular manner of voting is prescribed
that is necessary is that the canons, when capitulariy assem
in

abie abbots;

"

bled, cast a majority of votes for the person to be chosen.

are to be invited to take part in the elec
3O3 Q-

Who

tion

A. All those who have the right of suffrage namely, all

those qui debent, volunt, ct possunt commode interetse. This
holds so strictly that if but one of these persons is not in
vited he may demand the annulment of the election, though

he must do so within
those are to be invited

six

months.

"

qui

We

above that all

commode possunt

said

debent, volunt, ct

We

interessc.

explain.
i.
Qni debent : by which are excluded those who
304.
by law are deprived of the right of suffrage, such as those
who are below the age of puberty (impuberes], or persons

not having the

full

use of

laymen,
because no account
reason,"

Qui volunt :
those who do not wish
2.

305.

etc.
is

64

to be

made

of
651

be present at the election.

Hence, in case all who are entitled by law to vote were pro
perly summoned, those who attend, though forming but a
small

number

perform

to

of the entire

capitulary acts.

body of electors, may yet lawfully

In like manner,

if,

during the elec

some

electors should leave the place of election and re

tion,
fuse to return, the rest may proceed without them, provided,
66
however, the majority did not go away.
since those who
306.
3. Qui possunt commode inter esse :
are at too great a distance need not necessarily be called.*
7

De

be summoned
The custom, however, of a

rigore juris communis, those only are to

who

are within the

p ace should be
!

Reiff,
"

**

Ib.

1.

c., n.

n. 395.

province."

observed."

in.
M

Craisson, n. 396.
Ib., lib.

tit. vi.,

Reiffenst, lib.
Reiffenst.,

"

n.

Ib., n. 112.
"

Ib.

118

1.

i., tit.

c.,

vi.,

Craiss., n. 394.
n. 117.

n. 118.
"

Craisson,

n. 397, 398.

Ib.,

1.

C.

On Appointments

to

Voting by proxy is admissible only when the voter

71
legitimately absent and when this practice is sanctioned
by custom or local statute.
Again, sick vocals or voters
307.

is

71

who, though

in the city or
place where the election is held,
are yet unable to assemble in the
place of election by reason
of infirmity, may cast their vote either
by proxy or person

ally in their residence,

deputed to collect the

when waited upon by

those

who

are

Neither sick nor absent capi

votes."

tulars, however, can send their vote in writing, there

being
an essential difference between the latter and
voting by

Some

proxy."

Blank

do not count.

ballots

308.

How many

Q.

however,

authors,

assert

74

the

contrary.

75

must be present

electors

to constitute a valid election

order

in

A. Two-thirds are required of those vocals or electors

only qui debent, volunt, et possunt commode intcresse. Hence, in
default or non-appearance of the rest, even three, or
two, or

one capitular may perform the election,

making the nomina
tion before a notary and witnesses.
7

309. Q.

How many

or capitulary act ?
A. Ordinarily,

votes are requisite to a valid election

not essential that

is

it

"

the electors

all

actually present should consent but the vote of the majority

of those who are present is sufficient, provided all those who
;

have a right to be present were canonically called or

vited.

77

Thus,

if

in

thirteen took part in the election, seven

We

7
will constitute a
majority.
say ordinarily, for in cer
tain cases a majority vote is insufficient.
Thus, in the elec

tion of Sovereign Pontiff, the

suffrage of two-thirds of the
*

Ceccoperius,
1862.
rs

lib.

Ib., n.

194

cfr.

"

Reiffenst.,
"

iv.,

tit.

iii.

Monacelli, ap. Bouix,

Bouix, De

1. c.,

n. 203.

1.

c.,

n. 189.

ap. Bouix,

De

Capit., p. 182

Cap., p. 182.

74

Capit., pp. 181, 182, edit.

72

A p.

Reiffenst.,

1.

c., n.

Reiffenst.,

1.

c.,

7S

Capit., pp. 169, 168

78

Reiffenst.,

Bouix,

De

De

Ceccoperius, ap. Bouix,

;

cfr.

Reiifenst-, lib.

De

tit.

192.

n. 196.

Capit., p. 166

vi., n.

145

Ecclesiastical Offices or Benefices.

cardinals present at the election is
80
exceptions may be seen in Bouix.
310.

139

Other

indispensable."

According to canon law, the vote not only of the

pars major, but also that of the pars sanior, is requisite. It

commonly, however, held that the majority, or the pars

is

major,

the

also

is

unless

sanior,

pars

be

the contrary

proven.
311.

What

Q.

else

is

prescribed relative to elections?

The

election should take place within three months

of
the vacancy.
2. It must be free.
from the day
3. No
simony should intervene. 4. The votes, as cast, should be

A.

i.

32

uncertain or conditioned.
absolute and determinate, not
result
Once
the
is
5.
published i.e., the vote announced
(pubticato scrutinid)

the"

voters cannot, as a rule, change

their vote (iwn possunt electores amplius variare).

84
as a rule" ; for there are several exceptions.

We

"

others, a peculiar exception

is

made

in

say,

Among

favor of the elections

when, namely, one of their number is elected, v.g.,

85
the
abbess, by a majority, but not by a two-thirds vote,
nuns composing the minority may go over (accessus) to the
after the publi
majority, and thus change their vote,

of nuns

even""

cation

though

of

the votes.
is

it

It

6.

advisable,

is

not

generally prescribed,
*
the votes
should be cast

that

We

say, "generally"; for, in the election of supe

88
riors of regulars, and of superioresses
of nuns, nay, in the

secretly.

whatever of religious of both sexes,

the voting must be secret, otherwise the election is null, even
though but one of the voters should, with the permission of
election of

all

officials

the chapter, 89 make known his vote, v.g., by attempting to

vote viva voce, or by telling his vote to another capitular.
"

Bouix,

De

80

Cap., p. 170.

Reiffenst.,
83

1.

c., n.

Cap. Publicato

143

58,

De

C. Indcmnitatibus 43,
Craiss., n. 409

cfr.

Craisson,

Elect.

Sane,

S8

Reiff.,

1.

n. 404.

De

Reiflf., lib.

Elect, in

c., n.

M
i.,

L.

c., p.

170.

Craiss., n. 406.
tit.

vi., n.

290-300.

""

6.

Reift.,
e9

328-351.

1.

c.,

Ib., n. 345.

n.

300

On

14

Appointments

The Council of Trent enacted

mities
tions.

this

to

law

in

order that no en-

00

might be occasioned among the religious by elec

Hence, the religious are bound to preserve secrecy

as to their vote, even after the election,

though a violation
of this secrecy, at that time, does not 91 annul the election.
7. Elections cannot take place by lot (per sort em], except,
9*
perhaps, when the votes are equally divided between two
candidates, after the second or third ballot.

What

Q.

312.

election

are the chief things to be done after the

A. i. When the election is over, a decree is drawn up.

and signed by the voters then all power to change the
;

vote

is

cut

off.

The person

2.

election within

his

elected should be notified of

eight days, and

his

consent rhust be

a month.
given within
3. A bishop elect must receive
consecration within three months from the day on which he
83

was

notified of his confirmation.

No

regular can consent

to his election for a prelature out of the

permission from his superior

facto, null

Chapters

parts of

choose

monastery without

otherwise the election

is,

ipso

and void. 94
2.

313.

Postulation (postulatio).

who may

still

have the right

(v.g., in

some

Germany) to elect bishops, may sometimes wish to

a person as bishop who, though otherwise com

nevertheless ineligible by reason of some canonical

95
impediment, v.g., for want of the requisite age, or if he is

petent,

is

already a bishop. In this case the canons cannot, strictly

speaking, elect such person, but merely request (postulatio

Holy See that he be ap

This
pointed.
petition (postulatio solemnis} must be ad
dressed to the Holy See in a canonical manner. Hence, i,

solemnis, petitio, supplicatio) the

a majority

of the chapter should, generally by vote (per

80

Reiff.,

1.

c.,

n. 343.

Craiss., n. 413.

"

Craiss., n. 409.

w
9B

Ib., n. 410.

Soglia, vol.

Ib., n. 411.
ii.,

p.

65

Ecclesiastical Offices or Benefices.

141

9B

concur in the request 2, only the electors

97
can vote for the
i.e., those who have the right of suffrage
3, the petition
petition to be addressed to the Holy See
must state the impediments" 8 affecting the person whose ap
scrutiniuni),

is

pointment

must be

requested

4,

the

themselves

impediments

Once

the canons have signed the

to the Holy See, they are no longer

dispensable."

petition and presented it

100
free
to change the request or postulation.

This kind of

postulation (postulatio solemnis) seems to have gone out of

use for, as Devoti
hodie generatim omnes, quibus
says,
""

"

vel aetas, vel quidvis aliud

impedimento est, quominus eligi

indultum eligibilitatis

possint, a sede apostolica veniam, sive

impetrare

solent."

Ecclesiastics

314.

of

some dignity

one church or diocese

may

be

another church or diocese, with

the permission, however, of their superiors {postulatio sim
elected to

in

plex}^
Presentation, Nomination (praesentatio, nominatio).

3.

Presentation (praesentatid) as here taken, is de

Personae ad Episcopum vel alium cui competit instiI.

315.

fined

*
:

per patronum legitime facta exhibitio, ut ei de beneficio

Here the presentation must be dis
vacante provideat."

tutio,

tinguished from the appointment. The person whom the

patronus wishes to have appointed can only be designated
or presented by him the appointment (collatio non libera, in;

stitutio)

belongs to the bishop, though it cannot be

except for canonical reasons. No jus patronatus

itself

withheld

104

or right of presentation exists in the United States.

II. Nomination (nominatio solemnis) is the act by
316.
which two or more worthy persons are proposed to the
*"

99

Ferraris, V. Postulatio, n. 27.

I0

Ib., n. 8.

188

Ferraris,

1.

M Our
Notes,

c.,

Ib., n. 17.

n. 16.

p. 121.

"

""

1M

"

Ib., n. 6.

Lib.

i.,

tit.

Reiff., lib.

Ib.,

1.

c., n. 9.

v., n. 27.
i., tit.

vi., n. 18.

On Appointments

142

to

superior, in order that he may appoint one of them to the

105
office.
When a bishopric falls vacant in the United

vacant

States, three candidates are

proposed to the Holy See by the

Consultors and the irremovable Rectors of the vacant dio
cese and by the bishops of the province.
This presentation

seems

to partake

Collation or

4.

Thus

317.

somewhat

far

of the character of nomination. 106

Appointment Proper

we have used

cessw, collatio) in a general sense,

or

(collatio].

word appointment (conand applied it to ever} form

the

We

mode

of conferring ecclesiastical offices.

shall now
what is meant by the power of appointment in the

examine

strict sense of the term.

An

318.

appointment

(electio)

chiefly in these

ment confers upon the

from an

differs

proper

two ways:

I. The
appoint
the
office
itself
appointee
(jus in
an election gives but a claim to the office (jus ad rein).
person, by being elected, is not thereby appointed, but

election

*re)

(collatio)

107

merely receives the right to be appointed to an office. An

election, therefore, may be termed an inchoate and imperfect

The same difference exists between appoint

ments and presentations or nominations. 2. Again, an ap
pointment proper is made by one person only while an
election consists essentially of the votes of a number of
appointment.

10

"

persons.

From

319.

the

the above

ment,
appointed, who, in
office.

full

title

it

will be seen that,

by an appoint

to the office

fact,

is vested in the
person
becomes, so to say, the owner of the

109

320.

Now, an appointment

is

termed

collatio libera

when

the collator or appointer not only has the right to

appoint
1(

*
Rciff.,

m Reiff.,
K*

1.

lib.

Devoti,

n. 10.

i.,

lib.

Cfr. Craiss., n.

tit. vi., n.

i.,

t.

v.

25

sect.

cfr.
!ii.,

Phillips, vol.
n. 28

"

vii., p.

Cfr.

Sog

416

489, seq.
ia. torn,

ii
,

p. 165.

Ecclesiastical Offices or Benefices.

but also to designate

appoint

this

""

143

or nominate the person he wishes to

appointment

named

is

collatio libera

because

111

the appointer is at liberty to appoint

any person he
chooses. On the other hand, an appointment is called colla
tio non libera, necessaria, when the appointment itself be
11S

to one person, and the designation or nomination

longs
The appointment
of the party to be appointed to another.
in this case is termed collatio necessaria, non libera, because

the appointer cannot refuse to appoint the person designated

or presented to him for appointment unless canonical ob
stacles forbid the appointment.
shall subjoin a few
321.

We

words

relative to the

mode

It is certain
of appointment of bishops at the present day.
that the appointment that is, not only the confirmation, but

also the election of bishops

to the Roman Pontiff, save

is

now

in

reserved exclusively

11

some parts of Germany,

still elected
by

where, by virtue of concordats, bishops are

114

chapters.
322.

bishops
i.

The manner
is this

in

which the Holy See now appoints

The appointment

is

made by

the Pope, as a rule, in

say, as a rule ; for the

We

115

or secret consistory.
of
the
United States, and of missionary countries in
bishops
116
are
not
general,
appointed in consistory, but by papal brief.
2.
The appointment itself is preceded by an
323.

ordinary

investigation ( proccssus informationis, processus inquisitionis],

which is instituted in order to ascertain whether the person
117

be appointed possesses the necessary qualifications.

When the candidate lives in Italy this 118 process of investito

110
112

Reiff.,

Ib.,

i.

c., n. 24.

78, p. 144

De

"

cfr. ib.,

Kirchenr., vol.

113

Bouix,

114

Ferraris, V. Episcopus, art.

115

Phillips, vol. vi.,

116
111

Ib.,

Episc., vol.

321, p. 579,

Phillips. Lehrb.,

i.,

Phillips, Lehrb.. p. 142,

vii., p.

77.

485.

pp. 205, 206.

ii.,

n.

15.

321, pp. 579, 580.

and

330, p. 670

154, p. 303.

cfr.

Bouix,

De

Episc., vol.

m Soglia,

vol.

ii.,

i.,

p.

p. 63,

232.
39.

@n

144
is

gation

made

conducted

to

Appointments

Rome

in

he resides out of Italy,

if

it is

by the apostolic nuncio or some other bishop

9
commissioned
by the Roman Pontiff to that
specially
The result of this investigation is then sent to Rome
effect.
either

"

and submitted to a committee of cardinals (congregatio consistorialis). This committee then examines (processus definitivui) the report submitted to it, and then decides whet he*
the Pontifical confirmation
324.

sistory,

3.

is

The

is

12

to be

given or refused.

by the Pope in con

Auctoritate Dei omn?

confirmation, as given

couched

in these

words

"

potentis, Patris et Filii et Spiritus Sancti, et Beatissimoruni

Apostolorum Petri et Pauli, ac Nostra, Ecclesiam W.
.

de persona

W.

illi

praeficimus et pastorem

pum

ipsius,

eidem

in

in episco-

providemus ipsumque
curam et administrationem
et
spiritualibus
temporalibus plenarie com.

12

mittendo."

United States the bishops, either in pro^incouncil or special meeting, discuss the qualifications
(processus informationis] o f those whom the consultors and
325. In the

cial

the irremovable rectors have proposed or whom they them

selves wish to propose to the Holy See for vacant h shop1

a statement or report of the acts of the mee:ing is

123
sent to the Propaganda.
The bishops of the United States,
rics:

and

"

of missionary countries in general, are appointed

Pope mainly on the recommendation

326.

4.

of the

by the
124
Propaganda.

After the promotion, in consistory or otherwise

bulls are sent to the bishop elect, to the consecrator, metro

20
The bishop
politan, clergy, and people of the
appointee.
elect is obliged to make the profession of faith, and to take
:

"

Roman

the oath of obedience and fidelity to the

119

Cfr.

m Ap.
m Cfr.
128

Bouix,

De

Episc., vol.

p. 215.

briefs, not to the

Phillips,
"Cone.

124

our Notes, pp.

95, 99.
in

?f

12

i.,

Craiss., n. 420.

The Propaganda,

Pontiff:

Phillips,

1.

c.

appointing bishops for the

1.

c.

PI. Bait. II., n. 106.

m Craiss.,

n. 420.

United States, sends

clergy or people, but merely to the bishop elect, and that

through the metropolitan.

Ecclesiastical Offices or Benefices.

out of

Rome, he must
"

145

take this oath in the hands of the con

...-crator

(y, p. 520).
s

In regard to this whole matter, Bouix

very pro
that modern canonists need no longer weary
remarks
perly
themselves with the study ot complex and involved ques
327.

and postulation of bishops, for the

the
reason
that
Holy See has almost everywhere de
simple
cathedral
chapters and all other parties of the right
prived

tions as to the election

to elect bishops.

ART.

On

III.

Manner of Electing the

the

We ask What persons

328.

Sovereign Pontiff.

have, at various times, exer

We

power to elect the Sovereign Pontiff?

reply
first
i.e., from the time of St. Peter to Pope St. Syl

cised the
I.

At

the right to elect the Roman Pontiff was vested

129
the Church of the city of Rome.
This

vester

I.

in the

Senate of

Senate, which was instituted by St. Peter himself, was com

2. After the
posed of twenty-four priests and deacons.
of St.

pontificate

Sylvester

clergy and people were

the Pontiff.

From

1;1

the

I.

335),

(f

Roman

the entire

also admitted to the election of

time

of

Pope Simplicius

(ann.
rulers
07)
Zachary (ann. 741) temporal
sought to
establish the custom that no Pontiff should be acknowledged
3.

to that of

as such

was the

IMI

without their confirmation.

first

who gave

4.

Pope Nicholas

II.

the chief voice in the election of the

Roman

Pontiff to the cardinals, by ordaining that the elec

m
tion should be held
by the cardinal bishops. 5. Finally

Pope Alexander

III. (ann. 1178) reserved the right of elect

Pontiff exclusively to the cardinals; he also"
enacted that the Pope could be validly elected by two-

ing the

thirds of
147

all

the cardinals present without any

"

Craiss., n. 421.

m Ferraris, V.
"*

Ferraris,

1.

Papa,
c., n.

art.

i.,

l33
2<>,

36.

De

13

n. 13.

!!>.,

Ib

Episc., vol.
n. 14.

i.,
"

31

21, 24, 36.

"

regard

pp. 207, 208.

Craiss., n. 422.

Craiss

n.

423

Gn Appointments

46

to

to the absent members of the Sacred College.

These enact
ments were confirmed I3G by Gregory X. (1274) and Clement
V. (1310), and are in force at the present day.

Can the Pope

Q.

329.

A. The Pope

elect his successor

prohibited from electing his successor,

not only by ecclesiastical but also by divine and natural
law and such election would be null and void. 136 Hence,
is

the Sovereign Pontiff could not, even with the consent of

the cardinals, validly issue a constitution authorizing a Pope
to elect or appoint his successor

What

Q.

330.

137

(infra, n. 457).

should precede the election of the

Roman

Pontiff?

A.

i.

Immediately upon the death of a Pope the cardi

convoked 1Si all must be summoned, even
are absent, excommunicated, suspended, or inter

nals are to be

those

who

also cardinals but recently created, though not yet

invested with the insignia of the cardinalate. 2. The cardinals
139
wait ten days for the arrival of those
present must ordinarily

dicted

who are absent. If, however, the cardinals present, for just
reasons, proceeded to elect the Pope before the lapse of ten
days from the day of the death of the late Pontiff, this elec
tion

would nevertheless be

valid.

140

3.

On

the tenth day, or,

according to Phillips," on the eleventh, the cardinals enter

the conclave in procession.
None of the cardinals then in
in
Rome can, except case of sickness, refuse w to enter the
conclave

those

who

arrive later

must

also be admitted.

14

Once assembled
it

in conclave, they are not at liberty to leave

144
before the election
is over
those who are compelled to
;

go, by reason of sickness or other just cause, do not. lose

146
to return, as Craisson
the right
erroneously asserts.
14tp

Ferraris,

"

Ib.,

*
l-

1. c.,

erra

*
Ib.,

t,.

is,

1.

136

V. Papa,

2rA

v- 3C-2.

Ib.,

22, 36.
iat

n. 12.

""

O>.,

c., n.

Craisson, n. 424.

V. Papa,
J39

Ib.,
"

art.
"

i.,

Ib.

n. 24.
M4
M6

1.

art.

c., n.

i.,

n. i, 2.

424.

Lehrb., pp. 205, 206,

vol. v P- 860
Kirchenr.,
Phillips,

N. 424-

Ecclesiastical Offices or Benefices.

147

course of the election, a considerable numbe - o*

Cardinals should withdraw from the conclave, refusing to

4,

in the

If,

Darticipate in the election, the right of electing the Pontiff

would devolve on the remaining cardinals, even though but

48
14T
two
nay, even in case but one were left.
331- Q- What is the present mode of electing the Sove
;

reign Pontiff?

A.

The

i.

must be held

election

149

at present either

per

scrutinium, or per comproviissum, or per quasi-inspirationem?**

of these three

Though any
scrntinium
332.

the one

is

2.

The

modes can be made use

more usually adopted.

per formam scrutini

elect ion

of,

the

151

consists in this
I5!

that each of the voters casts his vote, as a rule, by ballot

in the election of the Sovereign Pontiff, the cardinals are
;

153

The candidate who re

obliged to vote by sealed ballot.
ceives the votes of two-thirds of all the cardinals present in
Before the bal
canonically elected Pope.
loting, three cardinals (scrutatores] are chosen by lot to
1
count the votes and announce the result.
"

the conclave

is

333-

The votes are cast in this manner: Each

the name of his candidate on the ballot or

3-

nal writes

of election, formulating

Pontificem

"

his vote thus

"

Eligo

Reverendissimum Dominum

Cardinalem N.

."

This ticket

is

in

cardi
ticket

summum

meum Dominum

then folded (compli-

schedularuni), sealed (pbsignatio schedularuw}, and de

16
the voter in a chalice (positio schedulae in
posited by

catio

caliceni)

334.

the
147

placed on an altar for that purpose.

The three scrutatores^ meanwhile, 168 stand by
4.

Ferraris, V. Papa, art.

i.,

1.

c.,

p.

852

14a

n. 40.

149

Phillips,

cfr.

ib.,

16

161

Phillips, Lehrb.,

Ferraris, V. Papa, art.

107, p. 206. Supra, n. 301.

Phillips, Kirchenr., vol. v., pp. 876, 877

15e

Ib., p. 877.

Ib.. p. 878.

all

Ib., p. 879.

i.,

M Ib.
"*

"

the

Ib., n. 41,

Const. Aeterni Patris of Gregory

1621-1623).
1M

When

and superintend the voting.

chalice

Ib., p. 880.

XV.

n. 55-58.

Ib.

On Appointments

148

ti

votes have been cast, the scrutatorcs at once begin to an

nounce the votes {publicatio scmtimi} in this manner: the
first

one of the votes out

scrutator takes

ot the chalice,

an<J.

simply looks at or ascertains the name of the candidate voted

for he then hands the vote or ticket to the second- scrutator,
;

name on it, passes it

name is audibly an

who

likewise, having merely seen the

to the third scrutator, by whom the

All the tickets are thus an

nounced to the cardinals.

16
nounced one by one.
335.

When

5.

and

scrutatores,

all

it is

the votes have been counted by the

found that the ballot

is

without

result,

no candidate having received the requisite two-thirds vote,

The c,cccssus consists
the accessus must immediately begin."
by balloting as before, go over to
one of the candidates who has received at least one vote in

in this, that the cardinals,

the scrutinium or

for

In the accessus, as the

no cardinal can vote

itself indicates,

one

101

first ballot.

whom

for or

he voted in the scrutinium

go over

word
to the

162

all,

however,

are obliged to vote, though they are free to go over to

some candidate or to stand by their first choice.
cardinal
cedo N.

who goes over

.

336.

When

"

some candidate votes thus: Ac-

who

does not wish to change

Acccdo nemini

cardinal

his vote ballots thus

6.

to

lf

the accessus

is

over the votes are again

if, even then, it is

counted as before in the scrutinium, and

found that no candidate has received the necessary twothirds vote, the cardinals must, in their next meeting, unless
they prefer to elect the Pope per compromissum or qnasi165

inspirationem, proceed to a second

and continue thus to ballot twice a

morning and afternoon

thirds of
1W
IM
"*

all

Phillips,

1.

the
c.,

votes,

pp. 883, 884.

until

and

"*

or scrutinium,
-namely, in the

day
some candidate receives twois

thus

1M
Ib., p.

1M
Ib., p. 887.
Ib., p. 888.

ballot

1M

Ib.

886

canonically
I81

Ib

elected

pp. 886, 887

1M

Ib., p. 887.

Phillips, Lehrb., p. 206.

Ecclesiastical Offices or Benefices.

149

16

The person thus elected, even though not yet in

Pope.
sacred orders, becomes immediately, upon consenting to the
188
The new Pope, as
election, the Vicar of Christ on earth.
a rule, lays aside his old and assumes a

new name.

169

>

Pope Pius IX., of blessed memory, on

few
a
4, 1869,
days prior to the solemn opening of the
Council of the Vatican, issued the constitution Cum Roma(J3ir 337. Finally,

Dec.

nis Pontificibus,

which enacts that the following

Church

forth be the law of the

17

shall

hence

Holy See be
comes vacant during the holding of an oecumenical coun
171
the election of the new pontiff does not devolve upon
cil,
172

the

council,

the cardinals.

but remains

i.

If

the

wholly and exclusively with

173

338. 2. Lest any trouble or dissensions should arise, and

order that the cardinals may proceed more freely and
promptly with the election, the council itself, in whatever
in

be at the time, becomes ipso jure immediately

and
suspended
prorogued until a new pontiff has been
3.
canonically elected and commands its continuance.
That not even with the unanimous consent of the cardinals
can anything be done contrary to these regulations, and
174
that all such attempts should be null and void.
Absent
stage

it

may

cardinals cannot vote by proxy.

175

ART. IV.
Appointments

to Bishoprics

Mode of Appointment

in the

United States.
339-

Q-

By whom and how were

bishops appointed

at various times?

A. The history of appointments to episcopal sees

divided chiefly into three periods.
167
170

ir

Craiss., n. 426.
Cf. Ferraris.V

"

Ferr.,
174

Ib.,

1.

c.

Papa,

i.,

17:i

169

Ib., n. 427.

n.

171

45

Const.

Praesentes autem.

Phillips, Lehrb., p. 207.

Cf. Al/og. ed. Pabisch, vol.

Rom.

Pontif. Pii IX., 1869,

rs

maybe

Devoti,

lib.

i.,

tit.

ii.,

p. 853.

Opportunum.
5,

Sect,

3.

On Appointments

150

The

apostles in turn
17

first chose his apostles.

their
successors, the bish
appointed

Christ himself

First period.

I.

to

"

The clergy and people

not unfrequently took part in

1
the appointment of bishops, as made by the apostles."
Afterwards, appointments to bishoprics were, as a rule,

ops.

conjointly by the metropolitan, the bishops of the

17(
diocese.
province, the clergy, and the people of the vacant
The elections seem to have been held usually in provincial

made

According

synods.

to

some

180

canonists,

the people merely

gave testimony of the character of the candidates accord

ing to others, they actually exercised the elective franchise..
;

certain that the laity are not jure divino possessed of

181
Jn some instances, especial
the right of electing bishops.
It is

ly

where

it

was feared that these elections might give rise to

some bishop (episcopus tisi-

dissensions, the metropolitan sent

tator) to superintend the election.

Bouix

340.

183

"

thus describes the

mode

of election of this

people or laity was neces

period
the vacant diocese was
the
of
of
that
second,
clergy
sary
also required
third, the consent of the bishops of the pro
vince was, moreover, indispensable to the valid election of a
:

First, the suffrage of the

bishop.

however, were not unfrequently appointed,

epoch, directly by the Holy See especial

341. Bishops,

even during
ly

is

this

this true in

regard to the West,

where

for the first four

centuries bishops were directly and solely appointed by the

184
Holy See.

In the twelfth century the right

342. II. Second period.

"

Luc,

m Tarquini, Jur.

vi. 13.

Eccl. Publ. lost., p. 121,

"*

"*

Phillips, Lehrb., p. 294,

180

See Ferraris, V. Episcopus,

M Devoti,
181

**

lib.

i., tit.

De Episcopo,

vol.

Phillips, Lehrb.,

150.
art.

v., sect, i.,

i.,

n.

ii.,

i, 2.

CVaiss., n. 429.

1:I

Tarcju.,

1. c.,

n. 8.

p. 179, edit. 1873.

98, pp. 185,

i;6

cfr.

Devoti,

1. c.,

n. 5.

p.

119-130

Ecclesiastical Offices or Benefices.

151

of electing bishops became vested solely and exclusively

cathedral chapters.
343. III.

in

185

Third period.

Owing

to abuses consequent on

by chapters, the Sovereign Pontiffs began, in the

fourteenth century, to reserve to themselves the appoint
elections

ment of bishops. Clement V. took the first step in this mat

ter by reserving the appointment to some bishoprics John
XXTI. increased the number, and Pope Benedict XII.
;

(1334) finally reserved to the Holy See the appointment

the election and confirmation) of all the bishops of the

(i.e.,

19

Elections by chapters were consequently

discontinued everywhere.
Afterwards, however, the right

Catholic world.

"

of election was restored to cathedral chapters in some

"

in these parts only bishops and

that
18!
of
are
as
old, canonically elected by
still,
archbishops
their cathedral chapters.

parts of

"*

Germany, so

Were the Roman Pontiffs guilty of usurpation in

to
themselves the appointment of bishops ?
reserving
A. By no means; for the Pope alone is, by virtue of his
344. Q.

primacy, vested with potestas oidinaria, not only to confirm,

but also to elect, bishops. 190 Hence it was only by the con
sent, express or tacit, of the Popes that others ever did or
could validly elect bishops. 19
3
fSiF 345. Q. How are bishops appointed in the United
States according to the Third Plenary Council of Baltimore?
A. Prior to the Third Plenary Council of Baltimore, held in

were presented to
the
Fide
of
the province to
by
bishops
Prop.
The priests of tne
which the vacant diocese belonged.
1884, the candidates for a vacant diocese

the S. C.

cle

18

185
186

188
is
sl

-S;

Ferraris, V. Episcopus, art.

n.

5;

cfr.

Tarqu.,

1.

c.,

123.

p.

"

Phillips,
Ib.,

1.

186.

c., p.

Kirchenr., vol.

v., p.

De

Bouix,

Cone.

Episc.

cap.

i.,

ii.,

n. 6-10.

vol. L. pp. 184, 194; cfr.

De

Ref.

PI. Bait. II., n.

ts

Ib.. p.

19

Devoti,

187.

401 seq.

Ferraris, V. Episcopus. art.

sess. xxiv.
191

ii.,

"

103 sq.

Ccnc. Trid.,

1.

c., n.

5.

ro.

sess. xxiii., can.

On Appointments

152

to

vacant diocese had no share or voice in this presentation or

nomination. The Third Plenary Council of Baltimore amended
of appointment and made the following enact
ments, which now form the law in this country

this

mode

lj;i

When

I.

346.

a diocese falls vacant,

whether by the death

resignation, transfer, or removal of the bishop, and when, in

consequence, three candidates are to be chosen whose names
shall be

proposed or recommended to the Holy See

for the

vacant bishopric, the consultors and the irremovable rectors

of the vacant diocese shall be called together, v.g., thirty days
after the

vacancy occurs. It will be the right and duty of.

and rectors, thus properly assembled, to

these consultors

select three candidates for the vacant see.

1

The candidates

bus chosen shall be submitted to the bishops of the province,

it will be to approve or disapprove of them.

whose right
II.
is

The meeting of

the consultors and irremovable rectors

called and presided over

by the metropolitan of the prov

ince to which the vacant diocese belongs or, if the metro

politan is lawfully hindered, by one of the suffragan bishops
of the same province, to be deputed for this purpose by the
;

Where there is question of choosing three

metropolitan.
a
candidates for
metropolitan see which is vacant, the meet
the
and irremovable rectors of the vacant
of
consultors
ing
metropolitan see

called

is
"

or.

suffragan bishop,
be deputed by him.

if

he

and presided over by the senior

is hindered, by another
bishop to

III. Before they cast their votes, the aforesaid consultors

and rectors shall swear that they are not induced to cast

their votes for a candidate because of

unworthy motives,such
They shall vote by

as that of expecting favors or rewards.

secret ballot.

This vote

is

merely consultive, i.e., it is simply

equivalent to a recommendation that one of the candidates
be appointed to the vacant see.
193

Cone.

184

That

PI. Bait. III., n. 15, 16.

is,

by the suffragan who

is

the oldest ratione ordinationis.

Ecclesiastical Offices or Benefices.

153

president of the meeting shall cause two authen

tic copies of the minutes of the meeting containing an accu
rate list of the candidates chosen, to be drawn up and signed

IV.

The

bv the secretary. He shall forward one copy directly to the

the second to the other bishops of the
S. C. de Prop. Fide
A
third
copy may also be drawn up and kept in
province.
;

the diocesan archives, as

is

done

in

For the man

England.

ner in which these minutes are written, see the extract from
the statutes of the cathedral chapters in England, given

us below, in

by

Appendix VII.

V. Thereupon, on a day fixed beforehand, v.g., teri days

after the above meeting of consultors and rectors, the bish

ops of the province shall meet and openly discuss among

themselves the merits of the candidates selected by the consuitors and rectors, or of others to be selected by them
Then they vote by secret ballot, and make up the
selves.
list

Rome. 196

to be sent to

From

this

it

will be seen that the

bishops have a right to approve or disapprove of the candi

dates chosen by the clergv. But if they disapprove of them,

they are bound to give the reasons upon which they base
their disapproval to the S. C. de P. F.
VI. In everything else the bishops shall observe the

in

struction of the S. C. de P. F. dated Jan. 21, 1861, and given

In
in the Second Plenary Council of Baltimore, n. 106, 107.

other words, the bishops shall state in writing the qualifica

and merits of the various candidates, according to the

tions

questions given in the Second Plenary Council of Baltimore,

The minutes of the meeting of the bishops shall then
n. 107.
be sent to the S. C. de P. F. by the archbishop, or senior

bishop of the province.

347. VII. When there
"

tor-bis/top

cum

jure

is

question of appointing a coadju

the rules laid down above

successionis,"

under Nos. I., III., IV., V., and VI. shall be strictly adhered
Rule II. will, however, be changed thus The meeting of
to.
:

195

Instr. S. C.

de P.

F., Jan. 21, 1861,

v.

On Appointments

to

the consultors and irremovable rectors will be

presided over,
not by the archbishop of the province, or his
deputy, but by
the archbishop or bishop for whom the
coadjutor is to be
chosen, or

where he

hindered, by the vicar-general, or other

him.
deputed by
Moreover, in this case, the bishop
for whom the coadjutor is to be named can, if he
desires,
suggest or point out the names of the candidates who would
is

priest,

be most acceptable to him for the

coacljutorship.
VIII.

When

there

question of electing a bishop for

given above under Nos. II.,
III., IV., V., and VI. shall be observed.
However, Rule I..
shall be changed thus When there is
to
question of
348.

a diocese newly

is

erected, the rules

the

Holy See

the

names

proposing

of candidates for the

consultors of the diocese, or dioceses,

new

diocese, the

from which the new

see has

and the irremovable rectors of the

newly-erected
diocese, shall be called together, and it will be their right
and duty to select three candidates for the new
been formed,

bishopric.

This rule

based on the fact that a newlv-erected see will,

of course, have no consultors until after the first
bishop, hav
been
them.
Hence
the
ing
confirmed, appoints
consultors
is

of the old diocese or dioceses

properly take the place of the
future consultors of the new diocese, for the
purpose of

naming the first

t^lP 349- As

bishop.
to the manner of holding the above
meetings
of the consultors and irremovable rectors, and of
voting for
the three candidates to be presented to the
Holy See, we
refer the reader to the instruction of the S. C. de P. F.

dated April 21, 1852, for England; also to the Statutes of

Cathedral Chapters in England, approved
by the First Pro
vincial Council of Westminster, held
July 7, 1852; and to
the decree of the S. C. de P. F. dated June I,
regu
1829,

mode of procedure in electing bishops in Ireland.

The rules and mode of procedure laid down in these docu
ments, which we give below in Appendix VIII., are evi
dently well adapted to our mode of commendation.
lating the

Ecclesiastical Offices or Benefices.

It

JgiF"

ducted

in

very important to have these meetings con

such a manner that the voters shall have full
is

opportunity to cast their votes with perfect freedom and

without fear or undue influence.
To secure liberty of
action, the general law of the Church has laid down clear
and precise regulations, which must be observed in ecclesi
astical elections, especially to vacant bishoprics
(supra, n.

301 sq..and 331

sq.).

Although the commendation

as

made

United States, Ireland, and England is not an election

proper, it nevertheless takes the place of an election. Hence
the Holy See has carefully laid down, in accordance with
in the

the general law of the Church, the manner in which the

meetings of the clergy in Ireland and England are to be

held for the purpose of

So

making the commendation,

as

we

concerns the United States,

the mode of procedure to be observed in the above meet
ings of the consultors and rectors has not been determined
by the Holy See or the Third Plenary Council of Baltimore,
shall presently see.

save

in

far as

a very general way.

should be observed that the above presentation

Holy See, both as made, on the one
the
consultors
and irremovable rectors, and on the
hand, by
other by the bishops of the province, is to be considered,
Finally,

it

of candidates to the

not as

but merely as commenelectio, postulatio, or nominatio

which imposes upon the Holy See no obligation to ap
The same holds
point any of the persons recommended.

datio,

"

made in Ireland, England, Canada,

and Holland. 198
3
ISir As a matter of fact, however, the Holy See nearly
al \\avs
appoints one of the candidates usually the one who
is
on
the list. recommended or presented in the man
first
ner above slated, and rarely goes outside of the list of the
true of the presentation as

candidates presented or
196

Instr. S. C.

197

Cone.

PI.

de P.

F.

recommended

18 Martii.

Bait. II. n. 103.

to

it

for appointment.

\^\. Quod pertinet.

I9
*C<>!1.

Lac., vol.

iii

p.

959.

On Appointments

56

to

How are

bishops appointed or rather desig

and
nated
Canada, Ireland,
England ?
A. I. In Canada the method of recommending to the
Holy See candidates to till vacant bishoprics is substantially
the same as that which obtained in the United States prior
Q- 35O.

in

Third Plenary Council of Baltimore, held in 1884. The

presentation is made solely by the bisliops of the province?
The priests have no voice in it.

to the

U^p"

351.

II.

In Ireland this

mode

obtains: Three priests

are proposed to the Holy See by the parish priests and can
ons, if any, of the vacant diocese, properly convened for that

purpose.

The meeting

archbishop, who,
which the meeting
is

called and presided over by the

The manner in
however, has no vote.
to be held

is

clearly and minutely

de P. F. dated Oct.

Appendix VII.

It

is

17,
is

and the balloting take place

decree of the S. C.

set forth in the

1829,

and given by us below

substantially this:

i.

When

in

see

vacant the vicar-capitular is elected by the cathedral

chapter of the vacant diocese, in the manner prescribed by
the sacred canons, within eight davs after the vacancy. 2.

falls

The metropolitan

soon as he has been

of the province, as

vacancy and the election of the vicar-capitular,

issues a mandate to the latter commanding him to convene
the parish priests and canons on the twentieth day from the
date of the mandate. 3. As soon as the vicar-capitular has
received this mandate he writes within eight days to each
of the above priests entitled to vote, summoning him to
attend the meeting on the day and at the place designated
notified of the

by the archbishop.
4. The parish priests and canons, being assembled at the
de spiritu
time and place specified, solemn high mass
After the mass the president ascends
sancto" is celebrated.
"

205

Cone. Prov. Quebec

671. 684. 686, 688

III., a, 1863,

Deer.

v.

cf.

Coll. Lac., vol.

iii.,

pp.

Ecclesiastical Offices or Benefices.

157

a throne or platform in the middle of the church.

Those
who have no right to vote are then requested to leave, and

the doqrs of the church are locked. Next the roll of the
voters is called. Two tellers or scrutatorcs are then elected

by the voters present.

Whereupon

the voters

all

simulta

neously affirm before God that they will be influenced by no

unworthy motives in their vote. Then each voter in turn

and returns to his seat.

The three candidates are voted for in one ballot. Conse
quently each voter must put on the ticket which contains
his vote the names of all the three candidates for whom he
casts his ballot into the ballot-box

wishes to vote, thus

1. Rev.
:

3.

When

dignissimus.

Rev. Rev. -

2.

dignior.

dignus.

have cast their votes, the votes shall be

5.
counted by the tellers, and the names of the three candi
dates who have obtained a majority of votes shall be an
all

nounced in a loud, clear voice by the two tellers to the arch

bishop or president, and by him to the voters present. 6.
Afterwards the president orders an authentic record of the

proceedings to be drawn up
the meeting.

Two

in

writing

in

the presence of

made
and the two

copies of these minutes are then

out and signed by himself, by the secretary,

One copy is given to the vicar-capitular and trans

mitted by him to the Holy See the other to the president,
and submitted by him to the other bishops of the province.
tellers.

7.

Thereupon the bishops of the province hold

their

meeting and discuss the merits of the candidates chosen by

the clergy. Their opinion is put in writing and signed by
each, and then sent to the S. C. de Prop. Fide.
They can
not,

even

in case

the clergy,

they disapprove of the

make out

a list of their

list

own. 206

Syn. PL apud Mayn., pp. 273-279.

presented by

On Appointments

158

I^IT"

III.

In England this method

to

is

observed:

When

diocese becomes vacant three candidates are presented or

rather recommended to the Holy See by the catJiedral
207

The rectors of missions, even

chapter of the vacant see.
those who are irremovable, have no voice in this presenta

The meeting

tion.

of the canons, to be held for the

purpose

selecting the three candidates, must be held within a

month from the death of the bishop. It is called and pre
sided over by the metropolitan; or if he is hindered from
of

being present, as also when the archiepiscopal see itself is

to be filled, by the senior suffragan bishop.
Neither the
archbishop nor the senior suffragan can take part
808

The manner

voting.

in

which the meeting

ducted and the ballots cast

is

laid

accurately

is

in

thr

to be con

down

in the

instruction of the S C. de P. F., April 21. 1852, and in the

Statutes of the Cathedral Chapters in England," which we
"

give below in Appendix VIII.

lows

Its

main features are

as fol

!nil
:

When a see

vacant the vicar-capitular is elected by

the cathedral chapter within eight days after the vacancy.
2. The canons then assemble at the time and
place specified
by the archbishop, as stated. When they are assembled,
i.

falls

solemn high mass

of the canons.

"

de spiritu

sancto"

is

celebrated by one

Next the canons swear

the proceedings secret.

Then

scrutatores to receive, count,

that they will keep

they elect three tellers or

and announce the

vote.

There

upon, without any previous discussion on the merits of the

The voting is by secret

candidates, they proceed to vote.
ballot.
Separate ballots or tickets are cast for each of the
three candidates.
3.

In the

whom

first ballot

the canons will vote for the candidate

they regard as the most worthy (dignissimus) for the

201

208
209

Instr. S. C. de P. F., Apr.

Cone. Prov. Westmon. I.,

See Coll. Lac.,

21, 1852.
a. 1852,

Deer.

xii.

vol. Hi., pp. 924. 925, 950, 959, 1433.

Ecclesiastical Offices or Benefices.

vacant

see.

Each canon writes the name

on one side of a

slip of paper and his

of his candidate

own name on

he then folds and seals it in such

name will be on the inside and that

159

manner

the other

of his candidate

own

that his

on the

When all the canons have given their

outside of the paper.
the
vote and announce to the meeting
the
tellers
count
vote,
the

names

lots are

of the candidates voted for.

burned.

4.

If it is

found

thai:

Afterwards the bal

no candidate has re

ceived a majority of the votes, both of those present and of

those lawfully absent, but represented by procurators, the
balloting must be continued until one of the candidates ob
tains the requisite

majority.

5.

Next the candidates

will

successively vote, on separate tickets, for the second candi

date, who is to be dignior, and for the third who is to be
dignus, and that in the same manner as in the case of the
6. After the ba lotfirst candidate who is to be dignissimtis.

ing is over, the minutes of the meeting are drawn up, read to.
and approved by the canons, and then signed by the Vei V
Rev. the provost of the chapter, the secretary, and the three
tellers.
Three authentic copies of these minutes are made

out: one to be kept in the archives of the chapter; the sec

ond to be submitted by the archbishop to the bishops of the
province the third to be sent directly to the S. C. de Prop.
;

Fide by the archbishop.

7. As soon as possible after the abo^e meeting of the
canons the bishops of the province assemble and discuss the
merits of the candidates chosen by the canons.

Their views

are put in writing and sent to Rome.

of the province can merely discuss the

The bishops

Note.

names chosen by the

canons, and send their opinion on each candidate to Rome.

But they cannot propose a new list of their own. 210 The

mode

of

commendation

in

Holland

is

substantially the

as in England.
/
110

Cf. Coll. Lac., vol.

iii.,

pp. 950, 958.

same

On Appointments

160

te

t31F~ Differences between the Commendation in the United

States on the one hand, and that in Ireland and
England on the
i. In Ireland and
England the list of the candidates
chosen by the clergy must be submitted to the
bishops of the
province, as in the United States. Consequently it is the
right and duty of the bishops in Ireland and England to
meet and discuss the merits of the names selected
by the

other.

But they cannot, in case

clergy, just as in this country.
of
the
nominees of the clergy, present a lisf
they disapprove
of their own, whereas our
bishops have a right to make a
list of their own.
2. Again, in Ireland,
besides the canons,

who

all

meant

are called parish

all priests

as pastors

whatever

priestsand by parish

who have charge

of

priests are

congregations

have a vote.

In the United States, besides the

those
rectors
have a vote who are irremov
consultors, only
able.
3. In England the canons only have a vote.
The

even those who are irremovable, have none 4. In

England each candidate is balloted for on a separate ticket

rectors,

while in Ireland the names of the three candidates a-? voted

for on the same ticket or ballot

ART. V.

Of Appointments

to

Non-Prelatical

Appointments

Offices, especially to

to Parislies in the

Parishes

United States.

355. Benefices or ecclesiastical offices are distinguished,

i,

into major (beneficia major a},

v.g.,

the papacy, the cardiand abbotships with

nalate, the episcopal office, prelatures,

jurisdictio quasi episcopalis ; 2, into minor (beneficia minor a\

the office of a parish priest, canon, and the like. 2
In
"

v.g.,

the foregoing pages we considered the mode of

appointment
to the higher offices (beneficia majora) in the Church in the
;

"

Salzano, vol.

Hi., p.

229.

161

Ecclesiastical Offices or Benefices.

discuss the mode of appointment to

present we shall briefly
the lower ecclesiastical offices, especially parishes.
of the Church, the
356. According to the jus commune

power of appointment

to these offices

vested in the Sove

is

ordinario ; and in
reign Pontiffjure pie nario ; in bishops, jure
others, jure delegate

Power of appointment, as vested in the Roman PonThe Pope has full and supreme power (jus plenum, jus
I.

357.
tlff_

summum, potestas

absolica it plenarui} to

ecclesiastical

all

fill

offices or benefices
throughout the Catholic world; for he
et
is the episcopus universalis?" the ordinarius ordinariorum
1

"

and has potistas plena gubernandi universalem Ec-

totius orbis,

The Sovereign

358.

Pontiff

may

power of

exercise this

concursus

appointment in various ways namely, i, jure

inasmuch as he has concurrent power with inferior apfor instance, bishops
2, jure devolutionis, when,
pointers
;

neglect to confer or

benefices within the time fixed

fill

"

jure pracventionis namely, when the Pope en

219
as yet vacant
shall, upon
joins that offices which are not
22
the
a
certain
to
be
vacant,
jus
person
given
becoming

by law

},

prnevcntionis can be exercised by

22

the

Pope only 4, jure

himself the sole
to
reserves
rcscrvationis, when the Pope
power of appointment to certain benefices.
;

"

359.

The Holy See no longer makes appointments jure

concursus or

212

215
17

"

"

"

praeventionis

Soglia, vol.

aliena manu,
214

223

ii.,

p.

i6C>

cfr.

Ferraris,

reserves to itself the

Beneficium,
2I3

Leuren. For. Benef., part

Ferraris, V. Benef., art. iv., n.
Reiff., lib.

De

iii.,

tit.

Leuren..

1.

De

ii.,

quaest. 512
SI6

i.

Cfr.

and

art.

iv.,

Phillips, rol

addit. e*
v., p.

Cone. Vat

sess

iv.,

cap.

""

Parocli., p. 309, edit. 1867.

221

c.,

470.

513.
iii.

n. 154.

Ib., n. 153.

Bouix,

it still

n. i.

Cfr.

Bouix,

but

Cfr.

ReifF.,

Cone. Trid., sess

quaest. 513.

Paroch., p. 309

cfr.

Sal/ano, vol.

iii.,

1.

c.,

n. 152.

xxiv., cap. xix., d. R.

p. 245.

On Appointments

62

to

24

appointment to some of the offices.

Now, what appointments are at present chiefly reserved to the
Holy See ?
-

Some

them are contained

of

"

benefices

Romana,

M6

the corpus juris {rcservathus the appointment to all

falling vacant apud scdcin apostoiicam or in curia
reserved to the Pope.
A benefice is said to

tioncs in corpore juris clausac]

is

become 227 vacant

in curia

in

when

its

Rome

incumbent dies either

in

or within forty Italian miles

of it.
It is a
disputed
question whether the appointment to canonical parishes
becoming thus vacant is reserved to the Pope. The affir
"

mative

held by

is

Bouixy"

the negative by Soglia.

"

It is

however, that parishes presided over by rectors

amovibiles ad nutum
are not included in the above reserva
tion.
Other appointments, still reserved to the
See,
certain,

"

Holy

are extra

ment

corpus"-

Thus, for instance,

an appoint
made by the bishop, no n

juris.

a canonical

to

if

parish is
forma concursiis, the right of appointment in the case
is forfeited
by him and devolves on the Pope. The same
holds true of all appointments to benefices made 23 contrary
tcrvata

to the prescriptions of the Council of Trent.

II.

360.

Right of appointment as vested

The bishop

diocese.

in the bishop

of the

the jus commune

according
vested with the full and free
right of appointment (col2 6
latio liber a} to all vacant
in his
parishes or benefices
diocese.

ae

to

Cardinals are generally possessed jure

delegate
powers of making appointments to benefices.

III.

361.

of ample

124

is,

2 "

Soglia, vol.

Bouix,

1.

Soglia,

1.

ii.,

p. 168.

Salzano, vol.

iii.,

p. 245.

-"

pp. 313, 314, 315.

c.,

Phillips, vol. v., p. 517.

"

130

33

L. c

L.

169.

Bouix,

De

Phillips,

Devoti,

1.

Lehrb,
c

2: 2

Craiss., n. 445.

i.,

tit.

c.,

p. 315.

<

Paroch., p. 317.

lib.

*"

Soglia,

31

169.

p.

235
130

c., p.

<

Salzano, vol.
Ib., p. 323.

p. 261.
v., n.

p. iSi.

29

cfr.

Ferraris,

1.

c.,

n.

30-34.

iii.,

p. 245.

Ecclesiastical Offices or Benefices.

Where

163

chapters are canonically established, the appoint

of cathedral chapters belongs, as a rule,

ment of the canons

and to the
conjointly (jus collationis simultancae) to the bishop
23
Canons of collegiate chapters are elected by the
chapter.
*

239

by the bishop.
chapters and instituted
IV. Power of appointment, as vested in the bisltops of
362.
Thus far we have spoken of the right of
the United States.

appointment as determined by the jus commune. We now

examine the question in relation to the present exceptional
We ask: To
status of the Church in the United States.

whom

belongs the power of appointment to parishes in the

240
United States? To our bishops solely and exclusively.
No appointments whatever are reserved to the Sovereign
Pontiff, since,

benefices.

with us, there are no canonical parishes or

For where the

jits

commune, whether

in corpore

or extra corpus juris, reserves appointments to the Holy See,

it does so only in regard to canonical parishes or offices.

However, according

Third Plenary Council of Baltimore,

now obligatory with us, in appoint

to the

the parochial concursus is

ments to parishes or missions

whose rectors are irremovable.

where
the
bishop appoints an irremovable
Consequently,

rector without the concursus, the appointment will be null

and void, and devolve upon the Holy See. In the appoint
ment of removable rectors our bishops are not obliged to

have a concursus, but are free to appoint the person whom,

in their conscientious
363.
242

discretion,

they consider dignior

Exempted nuns (or, rather, their regular superiors)

As there are
the right to nominate their chaplain.

have
no exempted nuns
convents are

all

the United States, the chaplains of

sum up As
appointed by the bishop.
in

We

there exists no canonical jus patronatus in this country, the

not only the appointment, but also the
collatio libera
i.e.
,

238

""

Bouix, De Capit., pp. 201, 202, 207, edit. 1862.

Cone. Prov. Bait. I., n. i, 2 cfr. Cone. PI. Bait.
;

541

Cone.

PI. Bait. II., n.

126.

23U

Ib., p. 243.
II., n. 112, 123, 124, 125.

Ib., n.

460.

On Appointments

164

to

designation, of the person to be appointed is in all cases

vested in the bishop.
The Ordinary, therefore, with us,

designates and appoints

all

pastors, professors, chaplains,

etc.

When appointments

V.

arc

be

to

made.

Appoint
and to all bencficia minor a must be made
from the day on which information was
within six months
received of their vacancy. The appointment, if not made
041
bishop within the above time, devolves on the
by the
364.

ments

to parishes

"

on the metropolitan. On the

245
the right to
other hand, bishops or other persons having
make appointments cannot promise to confer a parish or
chapter, and, in

its

default,

actually becomes vacant. The Pope alone

246
can confer, or promise to confer, benefices not yet vacant.

benefice before

it

Appointments to parishes or other benefices,

248
be in writing.
by bishops, need not

247

when made

ART. VI.
Installation (Institutio Corporalis].

365.

Installation

(institutio corporalis,

institutio realis, in-

actual possession of a
vestitura) is the induction into the

"

Every appointment (provisio] includes

parish or benefice.
the selection of the person to be appointed
three things
i

(designatio personae

canonica,

collaiio) ;

the appointment proper (institutio

2,

the

3,

installation

(instnllatio,

corporalis} or taking possession of the parish.

institutto

Now,

an

though appointed to a parish or benefice, can

51
of it himself, but must be innot take actual possession

ecclesiastic,

243

Phillips, Kirchenr., vol.

344

Cfr. Soglia, vol.

348
sit*

250

vii.,

pp. 540, 541.

J45

ii.,

$ 95,

Ib., P-

p. 190.
547

Cfr. Phillips,

1.

c.,

pp. 525-536.
249

Craiss., n. 383.

Gerlach, Lehrb.,

261

Phillips.

1.

c.,

p.

252

cfr. ib.,

pp. 508, 509.

pp. 273, 274.

Bouix,

De

Reiff., lib.

91

Paroch., p. 306.
iii., tit. vii.,

n. S.

Ecclesiastical Offices or Benefices.

stalled

165

by the bishop or other person deputed by him.

some

bishop generally selects

priest

(v.g.,

The

the vicar-general

or rural dean) to discharge this duty.

What

Q.

566.

is

the custom in the United States rela

tive to the installation of pastors

As

whatever takes place.

take
to
charge of them with
parishes
Clergymen appointed
Nor is installation,
out any ceremonies of induction.
A.

rule,

no

installation

speaking, requisite, since with us there are no

parish priests, in the canonical sense of the term.
flow and by whom appointments arc made to the chief
The
I. Federal
I.
civil offices in the United States.
offices.
strictly

President and Vice-President are chosen not directly by

the people at large, but by electors chosen for that express

Federal senators and representatives: the

2.
purpose.
former are usually elected by joint ballot of both Houses
of the Assembly of their respective State, and not directly

by the people
districts.

the latter directly by the people, voting by

The President

3.

is

empowered

to

nominate

and, by and with the advice and consent oi the Senate, to

appoint the supreme and district judges of the United
States, tl:e members of his cabinet, ambassadors, and other

Other inferior officers

public ministers and consuls, etc.
are appointed by the President alone, or by the heads of
II.

departments.

State

offices.

The governor and

lieu

tenant-governor are generally elected directly by the peo

A plurality only is required for a choice. The other
ple.
State officers, as distinguished from county and township
officers, are a secretary, treasurer, auditor, and attorneygeneral they are usually elected by the people for a cer
;

tain

number of

years."

i
"

Walker, pp.

96, 100, 109,

no.

Boston, 1874.

CHAPTER

VIII.

OF THE QUALIFICATIONS REQUIRED IN PERSONS WHO ARE

PROMOTED OR APPOINTED TO ECCLESIASTICAL
TO
DIGN3TXES AND OFFICES (DE QUALITATIBUS, ETC.).
J<E

ART.

Of

I.

Qualifications in General.

ihe Requisite

Three

qualifications are chiefly required in persons

2
to be appointed to ecclesiastical offices, especially to the
367.

episcopal, to wit

The

requisite age, purity of morals,

and

learning.
368.

I.

The law

Requisite age (aetatis maturitas].

Church prescribes

that persons to be

of the

promoted to the epis

the thirtieth year of

copal dignity should have completed

those who are to be appointed to parishes should
their age
be twenty-four years old/ Persons who are to be appointed
;

to these or other ecclesiastical offices before they

have

at

tained the proper age must in all cases obtain a dispensation

from the Holy See, otherwise the appointment is null and

though but an hour be wanting to the requisite

What has been said thus far does not, so far as ap
age.
United
pointments to parishes are concerned, apply to the
States, since our parishes are not, properly speaking, bene

void, even
7

fices.

Hence, a priest

in this

country,

if

ordained at the age

t

Phillips, vol. vii

Cone. Trid

2
,

pp. 545, 546.

sess. vii., cap.

Cfr. Ferraris,

V. Beneficium,

Cap.

Cum

in

Cunctis

7,

i,

de Elect

de Ref.
art.

5
,

n.

7, 8.
7

Phillips, Lehrb., p. 1491 66

Devoti,

Boirx, de Capit.,

tit.

vi., n. 6.

p. 145

1862,

Ecclesiastical Dignities

167

Offices.

also be appointed to a parish at that

No precise age is prescribed for the Papal dignity.
however, but proper that persons who are to be

of twenty-three,
8

age.
It

and

is,

may

elected Popes should be at least thirty years old.

II. Purity of morals (gravitas morum).
369.

The ap

pointment of persons who are, i, guilty of crimes, especially

10
of luxuriousness, drunkenness, and the like
2, or who arc
censure
v.g., suspension or major
irregular es, or Binder grave
;

excommunication
III.

370.

is,

ipso jure, invalid-

Learning (litterarum

possess learning in a threefold

12

scientid).

degree:

i,

person may
an eminent de

in

when, without the aid of books, he can

in a middling
explain even difficult questions 2,
with the aid of books and upon deliberation, he
gree,

clear

readily"

degree,
is

if,

able to

questions 3, finally, in a sufficient degree

in a manner that enables him to discharge the duties

"

difficult

up

i.e.,

15

principle that those persons

offices who have suffi
to
ecclesiastical
only are appointable
to enable them to properly discharge the
cient knowledge

of his office.

Now, it is a general
"

duties of the respective office. Hence, the particular degree

of learning which is required in appointees varies according
to the office to which they are appointed.
Thus, in bishops,

an eminent

degree of learning (scientia eminens) is very

desirable, though a mediocre (scientia mediocris], nay, even
In
sufficient degree (scientia sufficient], may be tolerated.
"

a"

in certain offi

order to insure a proper degree of learning

cials,

the

Church requires

that,

where

it is

possible, bishops,

archdeacons, capitular vicars, vicars-general, professors of

theology, and the like, should be licentiates or doctors either
Phillips, Lehrb., p. 148.

Cfr. Craiss., n. 467.

10

"

Craiss., n. 469.
13

13

Phillips,
14

1.

c.,

p. 149.
1B

Ib.

"

Reiff.,

1.

c.. n.

Cfr. Ferraris,

w Cfr. Cone.
Trid., sess. xxii.. cap.

ii.,

Reiff,

1.

i.,

c.,

tit.

d. R.

Ib., n. 207.

vi., n.

221,

n. 205.

V. Beneficium,
"

2c6.

Reiff.. lib.

art. v., n. II,

li

68

Qualifications Required for

19

Parish priests and others

theology or canon law.
charged with the cura animarum must be endowed with at
in

The Scripture

.east scientia sufficient.

entiam

"

says:
Quia tu scine sacerdotio fungaris mihi."
"

repellam te,
21
371. To the above three qualifications two others are
added: i. That the person to be appointed to any ecclesi
repulisti,

astical office

whatever should be born of lawful marriage

those who are begotten

(thorns Icgitinius, natalcs Icgitimi]
out of lawful matrimony v.g., of concubinage cannot re
;

ceive any of the ordines majores or be appointed to any office

to which the cura animarum is annexed, except upon receiv

ing the necessary dispensation from the Holy See, or upon

33
being legitimized by subsequent marriage.
Bishops,
24
2.
moreover, should be born of Catholic parents.
Only
that

ecclesiastics

is,

who have

those

tonsure and are therefore in statu

at least the clerical

clericali

are

astical offices.

can

fill

ecclesi

Laymen, therefore,
appointablc.
In most cases, moreover, the appointee should be in sacred
28
orders.
In some parts of Europe v.g. in Austria, Bavaria,
not"

etc.

the person to be appointed

like

should be, as far as

to a parish and the

one that is acceptable

v.g.,

practicable,"

(persona grata) to the civil government.

ART.
Is

it

Necessary

Q.

372.

to

II.

Appoint a Persona Dignior in Preference

Persona Digna ?

What

is

meant by persona

indigna, digna,

to a

and

dignior ?

A.

i.

By

persona indigna

"

Phillips, Lehrb., p. 149.

**
14

**

Const.

Onus Apost.

Reiff.,
23

Craiss., n. 466.

we mean one who

v
Ib.,

ai

c ., u. 208.

Soglia, vol.

Greg. XIV., 1590.

Phillips, Lehrb., p. 150.

1.

ii.,

is

desti-

Osee

iv. 6.

94, pp. 185, 186.

Soglia,

Kirchenr., vol.

1.

vii.,

c.,

pp. 184, 185

pp. 559, 560.

and

Ecclesiastical Dignities

169

Offices.

of at least one of the qualifications above mentioned

lute"

Persona digna is one who has in a

the requisite capacities for the office.

"

sufficient

2.

30

one

degree

The persona

3.

all

dig-

who

possesses the requisite qualifications in a

more perfect manner than the persona digna and who there
31
fore is better fitted for the office.
nior

is

>

Is it

373. Q.

allowed to appoint a persona digna in prefe

rence to a persona dignior ?

37
A. For bishoprics and parishes it is necessary to select
33
the persona dignior in preference to the persona digna, and
those who promote persons worthy indeed, yet less worthy
than others, are guilty of mortal
374.

How

Q.

sin.

34

United States?

far is this applicable to the

A. I. Appointments to Episcopal Sees.

I.
Bishops in the
United States are undoubtedly obliged, under pain of mor
tal sin, to recommend or propose to the Holy See, as candi
dates for bishoprics, not merely those who are worthy and
competent (digni), but those who are the most worthy (dig-

This applies not only to bishops, but also to

the consultors and irremovable rectors who, according to
2.

niores}

the present discipline, inaugurated by the Third Plenary

Council of Baltimore, as explained above, n. 345 sq., have the
right and duty to recommend to the Holy See three candi

dates for a vacant diocese.

Nay,

3.

this holds true

even with

regard to laics, male or female, who in any way have a part in

36
the appointment of bishops.
The Council of Trent clearly
"

48
*

Ferraris, V. Beneficium, art. v.

32

Reiff.,

33

34

and

S9

Craiss., n. 475.

1.

c., n.

Reiff.

n. 40, 42.

lib.
"

St.
,

Liguor.,

i.,

tit. vi.,

n. 235, 236.

Phillips, Lehrb., p. 152.

238-246.

Phillips, Kirchenr., vol. vii.. p. 566; cfr. Ferraris,

ib.

lib. iv., n. 91,

92;

cfr.

1.

c.,

n.

17-27.

Cone. Trid., sess. xxiv., cap.

cap. xviii.

36

Cfr. Bouix,

De Episcopo,

36

Cfr. Bouix,

1.

11

c.,

Sess. xxiv., cap.

vol.

i.,

p. 312, 1873.

pp. 312. 313.

i.,

d.

R.;

cfr.

Cone.

PI. Bait. II., n. 101, 107.

i.,

d. R.,

i/o

Qualifications Required for

And as regards all an each of

who have, in any way, any right from the Apostolic
or who otherwise have a part in the promotion of those

conveys

this inference

"

those
See,

to be set over the churches

unless they

whom
of,

carefully

dioceses), they sin mortally

endeavor that those be promoted
(i.e.,

they themselves judge the most worthy (digniores)

and useful
II.

375.

the

to,

Church."

Appointments

to

Parishes in the United States.

in like manner, bishops with us, and others v.g., diocesan

councillors who take part in the appointment of pastors,

commit mortal

41

unless they select

not
the
most
but
a
worthy, per
worthy {persona digna],
merely
For the very law
son (persona dignior} to fill a vacancy.

would seem

to

sin,

that those who have the right of ap

or
to
offices
charges, to which the care of souls
pointment
shall
is attached,
appoint the worthiest from among the

of nature

demands 42

worthy. This obligation, then, devolves upon all

vested with the power of appointment to parishes
ters

who
;

it

are

mat

not whether parishes are canonically established or

not.

A.
servata

Is the

Q.

376.

rence to

a.

i.

appointment of a persona digna in prefe

persona dignior valid

Where appointments

to parishes

must be made

concursus, the appointment of a pastor is, ipso

41
and void, unless the persona dignior be appointed.

forma

jure, null

In regard to other appointments v.g., to parishes (beneneed take place the ques
ficia cur at d] where no concursus

2.

The appointment of a persona digna tc

admitted
by all to be valid. 4. The ap
beneficia simplicia is
undei
pointment, however, of a persona indigna v.g., of one
tion

is

disputed.

3.

censure, of bad morals, and the like

41

Cfr.

Cone. Trid.,

Ferraris, V. Beneficium, art. v., n. 27.

44

Cfr. Reiff

lib.

always prohibited,

scss. xxiv., cap. xviii., d. R.

48

is

i., tit.

vi., n. 248,

249;

43

cfr.

Phillips, Lehrb., p, 152,

Soglia, vol.

ii.,

pp. 188, 189.

Ecclesiastical Dignities
nay, as a rule, ipso jure null

45

and

Offices.

and void, or

at least

void

able."

Q. Is

377.

it

allowed to transfer priests of bad morals

from one parish to another, instead of deposing them ?

A. If the character of such priests is unknown in. the
new parish, and if there is a reasonable hope that by the
will

change they

them

transfer
Q.

What
I.

Federal

United Slates?
I.

offices.

United States.

the

47

qualifications are usually required for the chief

civil offices in the

A.

unquestionably lawful to

is

it

reform,

to another parish.

The

President

and

qualifications

Vice-President of

for

President and

The candidate must be

Vice-President are the same.

natural-born citizen of the United States

()

(a)

at least thirty

years of age; (c] he must have been fourteen years a resi

48
dent within the United States.
2. United States senators

and

representatives.

Their qualifications are prescribed by

the Federal Constitution, and

it is

presumed that the States

A Federal repre
are precluded from adding any other.
sentative must be twenty-five years of age; an inhabitant
of the State which he represents; and for seven years a
A

Federal senator must be

thirty years of age; an inhabitant of the State which he
represents; and for nine years a citizen of the United
States.
II. State offices.
State senators and representatives
must, as a rule, have resided in their respective counties or

citizen of the

districts

United States.

one year next preceding their election.

No

per-

son can be either a Federal or State senator or representa

49
tive who holds any office under the United States.
4f

Reiff.,1. c.,
"

Walker,

0.248.

p. 97.

"

Cfr. Craiss., n. 476.

Walker,

p.

83.

4T

Craiss., n. 488

CHAPTER
HOW A PERSON
ISF

378.

jurisdiction,

us

now

chiefly,

LOSES DELEGATED JURISDICTION.

We have shown
or

voluntary

how

see

is

it

IX.

above

(n.

226

contentious,

sq.)

is

how

delegated

Let

acquired.

lost.

Delegated jurisdiction
by the death, resignation, transfer, or removal of the

i,

However,

person delegating.

is

it

lost

necessary to distinguish

is

between delegated jurisdiction which is

voluntary or extraand
that
which
is
contentious
or
judicial,
Now dele
judicial.
gated jurisdiction which is judicial lapses at the death,

resig
nation, etc., of the delegans, provided the trial has not as
yet
begun by the issuing of the citation (re adhuc intcgra\ as we
explain above (n. 55) in the case of rescripta justitiae.
On

the other hand, delegated jurisdiction which

like a rescript of

is

grace conferring a gratiam

extrajudicial.

jam fact am,

is

not lost by the death, resignation, etc.. of the

delegans, even
though the delegatns has made no use whatever, as
of his
yet,

delegated power

From

this

it

(re

will

adhuc

we show above,

intcgra], as

be seen that the

faculties

n.

56."

which our

bishops receive from the Holy See do not expire with the
death of the Pope conferring them.
For these faculties are
of
not
of
For the same reason, the
rescripts
grace,
justice.

which rectors and assistant priests with us receive

from bishops do not expire with the death,
resignation,
2. By withdrawal.
transfer, or removal of the bishop.
When
and how the delegans can withdraw
faculties

delegated jurisdiction,

see our Counter-points, n. 37 sq.

3. By the death of the person
the
delegated, provided
delegated jurisdiction was given to
him personally (delcgatio persona/is], not merely on account
of his office (delegatio rcalis}.
delegatio
Reiff.,
"

personalia or

is

1.

Konings,

i..

tit.

xxix..

Comm.

n.

In order to ascertain

realis,

125.

in Vac., n. 21.

it

is
*

when

.^i

necessary to examine

Konings. comp.

n. 151 (6).

Phillips,

1.

c.,

p. 372.

173

Losing Jurisdictio Dclcgata.

the formula delegations: If the instrument of delegation

8
formulated,
expresses the name of the dclcgatus, being
hanc causam," the
Tibi

Sempronio delegamus

"

thus,

v.g-.,

delcgatio

as a rule, personalis

is,

it

if

mentions the office

Episcopo Novar-

"

and

title

only,

reading,

thus,

v.g.,

delegamus hanc causam," the delcgatio is generally

even when the
rcalis, and passes to the successor in office,
for
these formulas
causa is adhuc intcgra. We said, as a rule
do not always determine the nature of the delegation. In
leaves it doubt
fact, sometimes the instrument of delegation
censi

10

ful

whether the

delcgatio is realis or personalis

tions not only the

of the dclegatus, but also his

name

title

couched, for instance, in these words,

dignity, being

Antonio Episcopo

Frisingensi,"

etc.

men

v.g., if it

"

or

Tibi

In this case, the con

instrument are to be con

text, subject-matter, etc., of the

sidered in order to determine the character of the delcgatio.

Should no decision be reached in this manner, the delcgatio

must be

looked upon as personalis.

and extraordinafacilitates, both ordinariae

"

The

379.

from the Holy See, are

and are therefore dcledelegated to them personally,
these faculties lapse
rcalcs.
not
Hence,
gationes personates,
not pass to the
and
do
at the demise of the ordinary,
13
successor in office. The new bishop, therefore, must have

riae,

which

our

bishops

hold

his faculties

renewed.

not

fortiori, the facilitates, are

exercisiblc by administrators of dioceses, except when they

The
are specially delegated to that effect by the Holy See.
facilitates

contained in the Form.

I.

are usually delegated to

them either by the bishop, while yet alive, or after

15
by the metropolitan or senior suffragan bishop.
""Soglia,

vol.

ii.

p. 450,

w
13

14

g 201.

Reiff., n. 127.

Reiff.,
"

10

Cfr. Soglia,

1. c.

1.

his

c., n.

Reiff,

1-

death

126.

c., n.

I2&

Clr. Craiss., n. 494, 495.

Cfr.

Bened. XIV., De Syn. Dioec., lib. ii., cap. ix., n. 3.

Cone. Prov. Bait. X ap. Coll. Lac. Hi., pp. 577, S*4, 58$, S96 599-

Cfr.

Cone.

Cfr.

"

PI. Bait. II., n. 96, 97, 98.

CHAPTER

X.

HOW

A PERSON MAY LOSE AN ECCLESIASTICAL OFFICE AND

THEREFORE JURISDICTIO ORDINARIA (DE CESSATIONE
JURISDICTIONS ORDINARIAE ET VACATIONE OFFICIORUM
ECCLESIASTICORUM).

380.

Jurisdictio

is

ordinaria

when

it

is

annexed to and

exercised by virtue of an office

hence, a person who is
office
to
the
obtains,
facto, jurisdictio ordi
ipso
appointed
naria ; on the other hand, one who loses the office loses, eo
;

ordinaria.

ipso, jurisdictio

The

loss of the one, therefore, is

equivalent to the loss of the other, and vice versa. Now,

ecclesiastical offices may be lost, and thus fall vacant, not

only by the death of the incumbent, but also,

tion

2,

translation

3,

privation

and

4,

in

i, by resigna
several other

ways, as we shall see. Canonists, therefore, properly say

that a person may lose an ecclesiastical office in two ways
either voluntarily, as by resignation, or compulsorily, as by
:

removal."

ART.

Uf

Resignations

I.

(De Dimissione sen Renuntiatione Officiorun

Ecclesiast icoru m)

381. By resignation (renunciatio, cessio, resignatio, spon3

tanea dimissio] is meant the act by which an ecclesiastic, of

Devoti,
Salzano,

lib.

lib.

i.,

tit. viii.,

iii.,

Soglia, vol.

n. 2.

p. 257.
74

ii.,

p 198.

Losing an Ecclesiastical
his

own

hands

free will, gives

i.e.,

175

Office.

his office or benefice into the

up

with the consent

of the proper ecclesiastical

superior.
382.

From

this definition

it

will

be seen that a resigna

order to be valid, must be, i, voluntary that is,

6
not extorted
by fear, violence, or deceit and cunning
A person, however,
forced resignations are rescindable.
does not suffer violence, properly speaking, who, being
tion,

in

guilty of

some crime,

resigns his office for fear of being juri

dically* deprived of

Resignations must be wholly

i.e., bargains or con
stipulations
2.

it.
9

exempt from simoniacal

any other temporal thing

the
resignation must be ac
Finally,

tracts to give or receive monej^ or

for the resignation.

3.

cepted by the proper ecclesiastical superior

otherwise

it is

and of no effect, and the resigner may be compelled

10
We say, I, ecclesiastical superior,
his office.
to reassume
can
or on
hence no bishop or priest
resign into the hands

invalid

"

demand

of secular rulers

we

say, 2, proper superior, for

it is

a general rule that an office can be resigned into the hands

1S
vested with the power of ap
of that superior only who is

pointment to such
resignations to the

office.

Pope

Thus, bishops can tender their

Parish priests and others

only.

13

must, as a rule, resign into the

holding of the ordinary
14
hands of the bishop of the diocese, and, according to some,
into the hands of vicars capitular (administrators in the

United States) sede vacante.

resignations

can

Vicars-general

accept

only when

specially empowered by the bishop

because resignations
said above, as a rule

do so. We
which are tendered by parish priests and the
to

85, p. 161.

Phillips, Lchrb.,

Ib.,

*
1. c.,

Soglia,

Craiss
"

11

vii.

n. 502.

Reiff.,
"

Phillips, Lehrb., p. 162.

;

cfr.

1.

c.,

i .,

tit. ix.,

n. 3.

n. 75-82.

Cfr. Phillips, Kirchenr., vol. vii., p. 849.

"

Ib.,

"

pp. 850, 851

note

Reiff., lib.

p. 199.

Ib., n. 13.

Ib.,

like condition-

Craiss., n. 509

Kirchenr.,

1.

c.,

pp. 850, 851, $52.

How

i/6

ally,

by

a Person may Lose an

not absolutely, can be accepted by the Pope only, not

bishops."

How many

kinds of resignations are there ?

are
tacit and express.
Resignations
They are tacit
(renunciatio tacita) when offices or parishes are given up, not
in express words, but by an action which, according to law,
383. Q.

A.

i.

entails the loss

of the office

"

v.g., if

a cleric in minor orders

a person takes solemn vows in a religious

order approved by the
Church. A resignation is express
when
the office is resigned in express
{renunciatio expressd)

gets married, or

if

"

1S

words or

in writing.

2.

Express resignations are either

namely, when tendered uncon

absolute (renunciatio pura]

or they are conditional (renunciatio conditional^}
ditionally
for
when,
instance, persons resign their office for the sake of

exchanging it for another or in favor of a third party (in

favorem tertii) that is, on condition only that the office be
bestowed, v.g. on Cains, a relative.
3.
Finally, we dis
tinguish the rcsignatio loci tantuin from the resignatio loci et
19

30

Thus, bishops sometimes, though very rarely,

2I
resign quoad locum et dignitatem simul, and then
they cannot
lawfully perform any episcopal function, even with the con

dignitatis.

sent of the

Nevertheless, orders conferred by

ordinary.
them are valid, since 20 the cliaracter orainis episcopalis is in
delible and cannot be taken away by man.
Ordinarily
bishops resign in this manner, only in order to embrace the

monastic state or to prevent juridical deposition.

23

Bishops

usually resign quoad locum tantum, in which case they may

exercise episcopal functions wherever they may be request

ed to do so by the Ordinarius
11

Phillips, Lehrb., p. 163

*
1.

c., p.

"

Reiff.,
81

34

cfr.

Soglia, vol.

"

Soglia,

"

loci"

1.

c.,

198.

Reiff.,

1.

ii.,

i.,

tit. viii.,

n.

76. 77.

Soglia,

1.

c.,

p. iQQk

Craiss., n. 500.

n. 7.

Ferraris, V. Episcopus, art. Hi., n. 76-82.

Ib,

l-

n. 12.

Cfr. Devoti, lib.

p. 200.

c., n. 9.

Ferraris,

1.

c., n. 78.

Ecclesiastical Office.

What

384. Q.

A.
cause,"

there

persons can resign their offices

Generally speaking, any

5

25

1/7

ecclesiastic

for just

may,

We

because
say, generally speaking,
resign his office.
are several exceptions. Thus, i, no cleric, whether

sick or well at the time, can resign within

death

his

no

2,

2T

twenty

days of
28

person in sacred orders can, as a rule,

or benefice unless it be certain that he

his office
resign
O
30
from other sources.
Thus, priests
can live comfortably
unless they
exeat
their
obtain
in the United States cannot
are to be received into another diocese, or have sufficient
"

means

for an honest livelihood, or enter a religious

com

munity.
I. Resignations
Conditional resignations. These are
tendered for the purpose of exchanging places. Now, two
:

385.

exchange places (permutatio beneresign on condition that the

ficiormii] when they mutually
office or position of the one be given to the other, and vice
ecclesiastics are said to

"

versa.

32

Ecclesiastics may, for just reasons,

exchange places

33

provided it be done by authority of the

with one
proper superior. Thus, bishops can exchange sees
another only by authority cf the Sovereign Pontiff; priests
can exchange places (v.g., parishes) with each other only by
with each other,

the exchange is
permission of the bishop in whose diocese
35
31
Ecclesiastics exchanging their places
to
take place.
without the consent of the respective superior are to be
36

or offices; nevertheless, they

deprived of their positions
S7
may lawfully arrange and agree among themselves before
hand as to the exchange to be made afterwards with the

permission of the bishop.

ir>

*"

*>

13
14

Ib., n.

29
4f>,

47.
3I

Geriach

p. 275.

Phillips, Kirchenr

Devoti.

lit.

i .,

16

tit

"

Reiff., lib.

i.,

tit

1.

Phillips.

c.,
1.

Soglia, vol.

vol. vii., p.

viii., n.

16.

pp. 200, 201.

c.,

ix., n. 43.

Cfr Cone. Trid., sess. xxv., cap.

ii.,

869 seq.

pp. 86q. 870.

Ib., n. 45.

xvi., d. R.

w Gerlach,

p. 200.
cfr. ib., p.
**
"

Sosjlia.

Craiss., n. 501.

p. 275.

861.

Cfr. Reiff.,

Reiff,

1.

c.,

1.

c., n.

82-90,

102, 103.

How

fS

a Person

may Lose an

Another conditional resignation is that which

is made in favorem tcrtii or prospectu amid
namely," when
an ecclesiastic resigns his place only on the express con
II.

386.

dition that
himself.

be conferred upon a person designated by

commonly held that resignations of this kind

shall

it

It is

40

can take place only by explicit Papal dispensation, not by

41
The resigner may, however, law
permission of bishops.
a certain person to the bishop, and express
see him appointed to the office.

recommend

fully

his desire to

III.

387.

which

"

43

A third

made cum

is

kind of conditional resignations

reservations pensionis

that

is

namely, when an

44

on condition of receiving an annuity (pcnfrom the income of the benefice given up by him. Gene

ecclesiastic resigns,
sio)

this
rally speaking, resignations of

kind can be accepted by

We

46

say, generally speak

only, not by bishops.
in certain
these
for
resignations
bishops may permit
ing;
cases v.g., lest an ecclesiastic who resigns his parish on ac

the

Pope

4r>

count of old age

cient

or sickness should remain without

suffi

means of support.

The other
cum conditionc

IV.

388.

Resignatio

signer gives up
in it at the

his place

rcgressus

on condition

ditione ingressus,

4S

47

i.

re-

of being reinstated

Resignatio cum conconsists in this, that the person ap

death of the resignee.

which

resignations are
namely, when the

conditional

2.

is obliged, even before taking possession

to another.
3.
Resignatio cum conditione
which an office, beirtg destined for a person

pointed to a place
of

it,

to leave

it

by
under age at the time, is meanwhile given to another, who
must resign it when the minor becomes of age. The jus
aggressus and the jus regressus are expressly prohibited by

aggressus

w
41

43
46

Phillips,

1.

c.,

40

pp. 860, 861.

"

Reiff

1.

Phill ps,

c.,

106-100.

1. c.,

Reiff, lib. Hi.,

"

Phillips,

1.

c.,

p 860.

n.

Gerlach,

Ib

"

86-89.
*

Ib.

Ib., n. 112, 113.

44

p. 867.
tit. xii.,

Ib., p. 863.

"

Ib.

89

p. 274.

QO.

Ecclesiastical Office.
60

the Council of Trent,

179

and can be permitted by the

"

Pope

only.
389. Q.

When do

resignations take effect

i.e.,

when

is

resigner obliged to discontinue the exercise of the office re

signed by him

A. The general rule is that M absolute resignations take

effect as soon as they are accepted by the proper superior
;

conditional resignations, only when the conditions agreed

upon are fulfilled. Hence, i, the resignation of a bishop
takes effect

the see becomes vacant

i.e.,

as soon as the

Papal Consistory the bishop

accepted
may, however, continue to exercise episcopal functions until
E3
properly notified of the action of the Holy See 2, a parish
resignation

in the

is

priest

who

resigns cannot, once the resignation

is

accepted

by the bishop, exercise parochial functions in the parish

resigned, except by special permission of the bishop. Hence,
the bishop should appoint a vicar or administrator to take
64
charge of the parish until a new rector is appointed.
Canonical
390. Resignation of Rectors in the United States.
parish priests can resign their parishes conditionally or un
conditionally provided there be just cause approved by the
65

The same holds true of removable rectors, and

bishop.
that even in the case where these rectors who are amovibiles
are regarded as the vicars of the bishop, and are consequently
Our rectors, there
vested only with delegated jurisdiction."
fore, removable as well as irremovable, can resign in the
same manner as canonical rectors. As, however, our rectors
are generally ordained ad titulum missionis, and as therefore

an unconditional resignation

is equivalent to giving up the

cannot
be allowed to resign uncondi
they
tionally, unless they prove that they have other means of

means

of support,

support.
50
6i

Sess. xxv.. cap.

Ib.

Lehrb.,

Ib., n. 513.

p.

vii., d.

R.

61

Phillips.

165.

Leuren., For. Benef.,

1.

c.,

pp. 871, 872.

Craiss.. n. 511, 512.

p. 3, q. 279.

"Ib.,

q.

291.

i8o

ART.

Of

Transferring Ecclesiastics

II.

from

one Place to Another (Dt

Translatione).
391.

was

An

ecclesiastical office

seen, by reason of

its

also

may

incumbent

become

being-"

vacant, as

changed or

transferred (translatid) to another place." Ecclesiastics can

not be transferred except by authority of the proper supe
68

Thus, bishops are transferred by the Holy See

59
In like manner, bishops
parish priests by their bishops.
cannot, without permission from the Holy See, transfer
rior.

their sees from one city to another in the diocese, nay, not
60
even from one church to another in the same city.
It is
392. Cau ses that render changes or transfers lawful.
a general principle that ecclesiastics should not be trans
ferred from one place to another without sufficient reasons"

Now,

(causae justae].

and the

the reasons for which bishops, parish

may be changed by their respective

62
are
reducible
chiefly to two: i, utilitas v.g., if
superiors
the transfer is believed to be conducive to the good either
priests,

like

Church or of a particular church, whether

63
be trans
or
episcopal
parochial, to which a person is to
in his
remain
ferred
2, necessitas
v.g., if a bishop cannot
diocese, or a parish priest in his parish, on account of
of the entire

the unwholesomeness of the climate, or by reason of perse

cutions, etc.
393. Q.

64

Can the Pope

transfer bishops even against their

will?

A. The question
Phillips, Lehrb.,

"

Ib., n. 3.

62

**

controverted."

"

"

60

is

87, p. 165.

According

Cfr. Reiff

6B

lib.

Phillips,

1.

Phillips,

1.

c.,

61

Salzano,

Cap.

lib. iii., p.

256.
63

(iii.

Craiss.,

Reiff.,

19).

Man.,

n. 522, 523.

**

1.

i.,

to

tit.

some

vii.,

n. 2

p. 166.

c.
,

Ib., n. 525.

n. ro.
.

Ecclesiastical Office.

181

Pope may do so ex causa justa, but not" pr6

The question is of no practical consequence, since, at

canonists, the
libitu.

the present day, bishops are not transferred

against their
will."
a
is
transferred
Generally speaking,
bishop

from an inferior to a greater

see."

only

We

say, generally speak

ing ; since, in case special reasons so demand, a prelate may

be transferred from an archiepiscopal to an
episcopal see,
9
nay, from a bishopric to a parish."
394. Q. Can a bishop transfer parish priests or rectors,
also with us, against their will

from one parish or mission to

another?
A. There

is question either of rectors who are inamovior of rectors who are amovibiles. I. Irremovable rectors,

biles,

with

cannot be validly transferred, except upon

I. There must be a cause of neces
or
evident utility which is both very grave and most
sity
also

us,

these three conditions:

7

urgent; v.g., where a rector by violent temper and the like

has drawn upon himself the implacable hatred of his

pa

These causes must be legitimately established.

3. The transfer must be to a parish which is better than, or at
least equal to, the former parish, both as regards honor and in
come."
For the general law of the Church, in common with

rishioners.

2.

the sentiment of

mankind, looks upon a transfer to an infe

and dishonor both
the
better
or
office
itself
and
upon
place
upon the person
transferred.
Thus in 1198 Pope Innocent III., in a decretal
letter, embodied in the general law of the Church, severely
all

rior or smaller place as reflecting discredit

reproaches the Patriarch of Antioch for having transferred

an ecclesiastic to an inferior or minor place, and thus belittled
and disgraced the ecclesiastic transferred to a minor place.

His words are:

69
11

vol.

Reiff..

1.

c.. n.

Ferraris V.
S
11.,

C.

Miramur quod

L.

transtulisti,

mutationis genere parvificasti majnrem, et

quodam
*6

"

C.
284.

67

20-27.

Ep

Dec.

pu<v

..rt. iii..

IQ, i.-sq;

68

Phillips, Lehrb., p. 166.

Pr-el.

n. 4^.

S.

Sulp.,

C;.p
v.,1.

5,

iii.,

/>e

n.

tt

magnum

Reiff.,

e>:

novo

1.

Perm.

693, Acta

c,, n. 7,
i.,

19).

Sedis,

How

82

a Person

quodammodo minorasti."
sentiments,

may Lose an

This Pontiff reiterates these same

"

in as

strong language as possible, in his decretal

letter Licet in tantuin
written in 1199 to tne Bishop 01

Mayence, Germany.
This law

is

based upon and consonant with the sentiment

and natural ieelings of

all

mankind.

In fact, as a transfer

to-

considered by men an honor and a

so
the
transfer to a worse one is re
promotion,
inversely,
garded by them as a humiliation and a disgrace, and as lower
a better parish or place

ing the transferee

is

the estimation of others.

in

erally prefer to give

put down to a minor

Men

will

gen

up an office altogether rather than be

grade or office. Their feeling in this

matter arises from the fact that not unfrcquently

it is

con

sidered a greater disgrace to be put back or transferred to

74
a minor place than to be dismissed
Accord
altogether
all
canonists
as
we
shall
show
more
ingly,
agree,
fully in the

volume

work, that a transfer to a worse or

minor place, inflicting, as it does, dishonor and also diminu
tion of income, is a punishment and is placed on the same
third

of this

<

footing with dismissal proper or privatio

It is on tiiese principles that the
Holy See always re
juires that when a parish priest is transferred for causes
than criminal, he must be given a parish better than

~>ther

at least equal to his former parish, and that he can be

ransferred to an inferior one only in punishment of delin

>r

76

quencies.
395.

II.

Removable

even against their

rectors, also

with

us,

can be transferred

grave and imperative

than are required for the transfer of irremovable rectors, yet
72

14
15

16

Dec.

Cap.

I,

De

Transl.

Cfr. Pierantonelli,

Walter,

s.yj;

3. C. C. Eies
2,

1860;

Analecta, 1875,

will, for cause?- Jess

cf.

p.

(i.,
1.

c.,

Cap.

7).

p.

Permaneder,

ett...

A.CU
"^79.

Sept 21. 1742;

S.

4.

De Transl.

(i.,

7).

107 sq

Sedis, vol.

274, 275, Phillips,

S. C. C.
i.,

p.

188.

Limbur*., Dec.
519; S.

19,

1857;

S. C. C.,

C. C., April 26, 1871;

cf.

Ecclesiastical Office.

183

not without grave and reasonable cause, proved or verified

by the bishop, at least by an extrajudicial investigation.

Thus

the S. C.

cle

P. F., in its

answer

Ad Dubia

regarding the

Instruction of July 20. 1878, speaking- of our removable rec

tors, decrees
Episcopi vero curent ne sacerdotes sine grain et
:

una ad a Ham missionem invites transfcrant.

Likewise, the S. C. C. in Una Cii itatcn., Dec. 1585, decided in
to rectors and others ainovibiks ad nutum, as follows:
resrard
O
Ne ab ordinar io qitidem vicarinm cnratum amoveri posse, nisi
ralionabili causa de

ex causa legitima atque probata." Hence the secretary of the

S. C. C., in his folium on the removal or transfer of a re

movable rector brought before the Sacred Congregation,

1847, says: 5. Congregatio earn visa cst semper retinere
doctrinam, ut sine causa removeri ncqucat sive capellanus sii c

Dec.

8,

incarius curatus [rector amovibilis} uti luculentissime constat ex

a
Again the secretary of the S. C. C.,
Spoletana 8 Julii 1713.
in his

folium on the transfer of a succursal rector

.amovibilis

ad nutum

in

France,

episcopi, brought before the Sacred

Con

Praeterea illud quoque liaud

1870, says:
gregation
praetereundum puto, quod licet rectores ecciesiarum succursalium amoveri va leant ad beneplacitum episcopi, nequcunt
tamen amoveri absque rationabili causa. Unde limitibus circumscripia est episcopalis potestas. Quas limitationes, eo
"

in

quo

pollet ingenio, ingenii

git, disc. 97,

acuniine Card, de Luca

de Benef. Man.,

u,

n.

12,

nempe

colli-

ne remotio

hat ex odio et malitia superioris; ne ex amotione dedecus

aut infamia, aut alind grave praejudicium amoto causetur
;

emit ex quadam non scripta aequitate competcrc rccursum

ad superiorem, et quod necessaria sit aliqua saltern sumiiiana
cognitio causae ; unde necessitas erumpit conficiendi processum saltern extrajudicialem et summarium?
tinde

11

Causae Selectae, Lingen

Causae Selectae, I. c.
S. C.

C. 22 Martii, 1873

et

Reuss,

p. 853.

Analecta, 1875,

p.

607.

How

184

We

have

said,

a I crson

"at

may Lose an

by an extrajudicial investiga
canonists who maintain that a

least,

for there are some

tion;
judicial investigation must precede all compulsory transfers
even of removable rectors, no less than their absolute dis

See Mgr. Pierantonelli, now defensor S. Vinculi, at

Rome, in his learned work, Praxis Fori Ecclesiastic!, p. 107
This bc/ok bears the Imprimatur of the
sq., Romse, 1883.
P.
and
also of the archbishop-vicegerent of
S.
A.,
Magister
missal.

Rome, and
which

is

therefore cannot be said to advance an opinion

improbable.

therefore plain that the power to transfer ad

does not mean the power to transfer arbitrarily ;
It is

De

Lotterus,"

Angelis,

and canonists

in

is

for,

as

general say, when

or transfer ad nu

given to the superior to act

tum, this will or nutus must be directed
the right

nutum

by reason and

natural justice.
Besides, where a person is transferred for
causes other than criminal, the transfer must be made in such

manner as not to injure his reputation or inflict disgrace

or any other grave injury upon him. (S. C. C..in Ast., 27
Julii 1867, et in Dinien., 27 Martii 1886; Acta S. Sedis, vol.
Hence a superior or bishop who transfers
xix., pp. 53, 54.)
a removable rector without sufficient cause, acts unjustly;
a

Consequently, the ecclesiastic thus transferred may have re

course to the superior. De Angelis says that, as a matter of
fact, when the superior or bishop transferring or removing
does not give just reasons, or gives no reasons at all for his
action, the Holy See, to whom the person transferred has
recourse, is accustomed to annul the transfer, and reinstate
rector thus

the
in

the

or removed. 6

transferred

United States are

not

obliged

to

Hence

and every mission offered them by the bishop/

De Re
d

Prael.,

Ib.,
f

Bait.

Cfr.
I.

benef.,
1.

i., t.

1.

i.,

q. 33, n.

priests

accept of any

though

31 sq.

28.

n. 7.

Instructio S. C. de Prop. Fid. 16 Oct. 1830. circa Deer. Cone. Provx

in the Collection of Cone. Prov. Bait., pp. 64. 6;.

B.ikirnori, 1851.

Ecclesiastical Office.

185

ut non detrectent vacare cuilibet mis

ab episcopo designatae."
Of course, no priest can
leave his mission without permission from his bishop."
they are admonished

"

sion!

396.

Effects of Translation.

The

that of a bishop or pastor, from

office, whether it be
which a person is trans
by the transfer hence its

becomes vacant, 80 ipso jure,

income no longer goes to the person transferred.
397. Q. At what precise time does a person tiansferred
lose jui xsdiction in the diocese or parish from which he is

ferred,

changed ?
A. There is question of the translation either of a bishop
from one see to another, or of an ecclesiastic from an in
ferior to a. higher position
v.g., from a parish to a bishopric
or, finally, of

an ecclesiastic to a non-prelatical

office

v.g.,

81
i.
If a bishop is transferred
from one parish to another.
83
at his own request, or with his knowledge and consent, he
loses jurisdictio ordinaria in the diocese from which he is
83
changed the moment he receives certain information that

has been decreed in Papal Consistory.

It
matters not whether the information comes through letters
from the Secretary of the Sacred College, or in any other
his translation

way, provided
very moment

it

is

such as

a bishop

is

may be

Nay, the

relied upon.

transferred in Consistory, and con

informed of the fact, he loses the

sequently before he is
power of appointment to parishes that become vacant at
84
the time.
If, however, a bishop is transferred without his

knowledge, he does not, as a rule, lose jurisdiction, as stated

above, except on giving his consent." Practically speaking,
88
however, this supposition is of no consequence
for, as
Benedict XIV." writes, juxta vigentem disciplinam, transla
;

"

"

Cone.

"

Phillips,

M
**

"

"

PI. Bait. II., n. 108.

Bouix,

1.

De

c., p.

167.

Episc., vol.

Syn. Dioec.,

M
**

i.,

pp. 390, 391.

Ferraris, V. EpSscopus, art.

De

Craiss., n. 528.

lib. xiii.,

iii

n. 62.

cap. xvi., n. 13.

"*

Cfr. Instructio, cit.

Reiff.,

1.

Ib., vol.

Bouix,

c., n.
i.,

I.e.,

35-41.

p. 391.

pp. 390, 391

How

86

a Person

may Lose an

nunc minime fiunt, nisi praevia scientia et consensu

episcopi, qui ab una ad aliam Ecclesiam est transferences."
tiones

2.

to

In the second case, if, for

instance, a pastor is elevated
the episcopate, he loses his
parish, ipso facto., the mo

88

ment he

consecrated bishop, or when the time for the

consecration has elapsed to wit, three months after
being
confirmed by the Holy See.* 9 3. A
parish priest, for in
is

who is transferred from one parish to another, loses

the old as soon as he has, or could
have, obtained
stance,

peaceable

80
possession of the new parish.
398. Q. Until what time can a person receive his income
or salary from the church whence he is transferred ?

A.

i.

bishop

who

is

transferred from one see to an

own

other, with his

consent, can draw his income from the

OI
diocese which he leaves only
up to the moment his trans

lation

is

bishop

is

his

pronounced in Papal Consistory. If, however, a

92
transferred without his
draw
knowledge, he

income

may

in the usual

manner from the old diocese

until

he

gives his consent to the translation. 2. An ecclesiastic (v.g.,

a pastor) promoted to a
bishopric has the right to draw his
salary from his

93

parish or office down to the time of his

consecration, or till the lapse of three months after his con
firmation as bishop. 3. Pastors, for instance, who are trans
ferred from one parish to another, 94
may receive the income
of the old parish until they have
possession of the new one.
This is also the custom of this
country.
399- Q-

ing

its

To whom belong

vacancy

the proceeds of an office dur

A. To the vacant church.

Hence, the revenues of a
vacant bishopric or parish should be used to
defray the
necessary expenditures of the vacant church
what is left
:

88

Cfr. Blackstone,

"Cap.
"

**

Com.,

ch. xi

Licet Episc. xxviii.,

Bencd. XIV.,

J.

Craiss., n. 532.

c.,

n.

7.

De Praebendis

""

Craiss., n. 529.
in 6to.
Ib.,

Ib

n $33

13.

Ecclesiastical Office.

187

a6

in office.
This, it would
goes, as a rule, to the successor
seem, applies also to the cattiedraticum received by bishops

United States.

in the

How

are the fruits or products of a benefice to

be divided between the one who is transferred or has re
400. Q.

signed and his successor in office ?

A. This question has refe/ence

Europe, and sometimes also

to parishes in

The

States."

"

chiefly to the produce,

tracts of land often attached

or crops gathered from

fruits,

as

question,

stated,

United

the

in

Fer

controverted.

is

with others, holds that only the crops which are

raris,
already harvested (fructus percept i) belong to the predeces
sor or first titulary, while the crop not yet gathered in, or
"

the fruits which are

dentcs et inexacti],

hanging or unplucked (fructus pen*

pertain to the church or the successor in
still

Others, however, maintain that the fructus pendcntes

office.

also belong to the person transferred, pro rat a

The maintenance of bishops in the United States

from the cathedraticum

""

"

temporis.

derived

is

and the salary of the cathedral.

In the case of translation or death of a bishop with us it

would seem that the cathedraticum, 2 though already re
1

"

ceived by the transferred or deceased bishop, should be

divided, pro rata temporis, between the predecessor or his
heirs and the successor in office.

ART.

How

Ecclesiastics

III.

are dismissed

United

from

Office,

in

also

the

States.

(Privatio.]

401.

Having,

we come now

in the

9*

95

Craiss., n. 534.
Cfr. Kenrick,

99

Cfr. Craiss., n. 535.

Cfr.

By

to dismissals.

81

101

foregoing

Mor. Tract,

our Notes,

article,

spoken of

dismissal (privatioj

transfers,
is

Cfr. Ferraris, V. Episcopus, art.

x., n.

etc., pp. 86, 87.

36.

9S
I0

loi

L.

c.. n.

meant

iii.,

n. 65.

63-66.

Ap. Ferraris, 1. c., n. 66.

Cfr. Cone. PI. Bait. II., n. ioa

How

1 88

a Person

may Lose an

not simply a transfer from one office or parish to another,

but an absolute removal from office.
Dismissal is of three
kinds:

i.

Privatio,

moved from

by which an

ecclesiastic

is

merely re

or parish, but not disqualified from hold

103
2. Depositio, by which an ecclesiastic
ing offices in future.
is not merely dismissed, but also disqualified forever to hold
office

office in future,

or to exercise ecclesiastical functions.

moreover, causes the

gradatio,

loss of ecclesiastical

leges, especially of \\\e privilegiiim fori et

canonist

3.

De-

privi

We

shall

speak more

directly oiprivatio, or simple dismissal,

rather than of deposition or degradation. However, it is
plain that what is said respecting dismissal applies a fortiori
For deposition or degrada
to deposition and degradation.
at present

tion

is

nothing else than dismissal

in

an aggravated form.

402. According to the present discipline of the Church,

clerics holding ecclesiastical appointments are of two kinds:

Some are appointed for life and are irremovable; others are
not appointed for life, but ad beneplacitum, i.e., for an indefi
and are removable. Accordingly, we shall point
nite period,
Out under separate headings how both these kinds of eccle
siastics are

i.

403.

deprived of their

How

The

offices.

"

irremovable

"

incumbents are dismissed.

whose incumbents are

offices

inamovibiles are

chiefly those of bishops, canons, and canonical parish priests.

404. I. Dismissal of Bis/tops from their Office.
Jansenists

and no small number

to

the Council

of Gallican authors assert that, 105 prior

Sardica (anno

of

347),

the right to pro

nounce definitively sentence of deposition against bishops

was vested exclusively in provincial councils, so that not
even the right of appeal to the Holy See was allowed. 105
103

Phillips, Lehrb..

104

Reiff..

106

Cfr.

1.

t.

37. n.

Bouix. De

88, p. 396.
)06

22 sq.

Episc., vo!,

i..

pp. 318, 319.

Cfr. Craiss., n. 540.

Ecclesiastical Office.

This assertion,

it

need scarcely be

shadow of foundation.

Pope

stance, in his letter to the

uo

189

said, is

Julius

I.

(a.

witnout even a
336-352), for in-

Arian bishops, by

10S>

whom

Atha-

1U

had been deposed,

asserts that, accord

explicitly
then
the
custom
or
to
discipline
prevalent in the Church
ing

nasius

(namely, in the fourth century),

final

sentence should not be

pronounced upon bishops by provincial councils, except

by command or direction of the Holy See. In like manner,
I1J
(492-496), in his epistle to the bishops of
Pope Gelasius
Dardania, distinctly affirms that the Holy See, in accordance
with established tisage {more major um), not unfrequently rein

who had been deposed by provincial councils.

Hence, we may safely lay down the following proposition

stated bishops

The power of deposing bishops was at all times reserved exclu

Bishops, it is true, were not
sively to the Roman Pontiff"*
unfrequently, down to the Middle Ages, deposed by provin
but this judgment could be set aside, nay, it
cial councils
;

would seem had no

a rule, unless affirmed by the

effect, as

Provincial councils, therefore, at most, were

Holy
courts of the first instance (in prima instantia), at least in
See.

some

sense.

405. Discipline of the Church at the Present

the Dismissal of Bishops.

The

I.

Day

causae major es

11 *

relative to

criminales

which merit deposition (de

against bishops
or
posit to)
deprivation (privatio) can be decided, even in
114
The ex
prima instantia, by the Sovereign Pontiff only.
clusive reservation of this right to the Pope began in the
116
Middle Ages, and was confirmed by the Council of Trent.
The right itself is inherent in the Primacy the Pope, as the
those, namely,

**
111

M Cfr.
111
114

"

no

Craiss., n. 541.
Cfr.

Wouters,

Hist. Eccl., vol.

Darras. Eccl. Hist., vol.

Bouix,

Cone.

De

Epis., vol.

i.,

i.,

ii.,

p. 46.

p. 322.

Trid., sess. xxiv., cap. v., d. R.

Phillips, Lehrb.,

Cfr.

Labbe, Cone.,

torn,

ii.,

p. 494.

p. 96.

90. pp. 187, 188.

m Ib.,

p.

323

How

IQO

a Person

may Lose an

chief pastor, is the judex ordinanus of bishops.

2. If crimi
nal causes of bishops are tried in Rome, the
Sovereign Pon

should personally take cognizance of them m de jure

extraordinario, however, he may, in fact does, authorize
others v.g., committees of cardinals
to act in his stead.
tiff

""

Thus, at present, the

Episcoporum takes cognizance of

grave charges against bishops, and even pronounces sen
tence of deposition, facto, however, verbo cum Sanctissimo
Criminal charges against bishops
(i.e., Papa) per secretarium.
.S.

C.

United States, and missionary countries in general,

are adjudicated upon by the Propaganda.
3. If, however,
the hearing of the case or trial must take place m on the
spot, or in the province to which the accused bishop be
longs (v.g., because the evidence sent to Rome does riot suf
in the

ficiently establish the guilt of the defendant), the Pope

should, as a rule, appoint none but archbishops or bishops to
investigate the case and report the facts to the Holy See,

whom

by

alone, even in this instance,

The

less criminal

pronounced. 4.
termined upon by provincial councils.
tiff

120

at least

cannot,

seem

to

trial.

agree

is

to be

5.

The Roman Pon

lawfully, depose bishops except for

he, as a rule, depose them

Nor should

legitimate cause.

without

judgment

causes of bishops are de

We

for all Catholic writers

say, as a rule ;
that, under certain circumstances
when,
"

namely, the welfare of the Church so demands bishops

may be deposed without the ordinary forms of judicature,

France in i8oi. 122

II. Canons, and the
406.
greater number of beneficiaries,
are also, though only by ecclesiastical institution, irremov
able.
Hence, they are not deposable, save by trial and
as

was done

in

juridical sentence.

117

119
ttl

123

Bouix, 1. c., vol. i., p. 324.

Cone. Trid., sess. xxiv.. cap.
Ib., n. 550.

"

v.,

de Ref.
1M

Ib.

Iao

Cfr. ib., p. 329.

Craiss., n. 549.

m lb.,n.

551.

Ecclesiastical Office.

191

407. III. Parish Priests proper are also, according to the

present general law of the Church, irremovable.
However,
"

understood in the sense that these rectors

no case be removed, but simply in the sense that
they cannot be dismissed from their parishes save for certain
sufficient causes and by certain forms of law.
What, then,
this is not to be

can

in

We

are these causes and these formalities?

shall presently

give the answer under the subjoined question. We observe

with Father Konings (comp. n. 1693), that the withdrawal of
faculties (revocatio facultatuiri) with us

is

equivalent

therefore can be inflicted only in the same

manner

to,

as,

and

priva

tion proper {privatio parochiae).

Causes

2.

and Manner of Dismissal of

also in the

408. Q.

irremovable Rectors,

United States.

For what causes and

in

what manner can rectors

who

are canonical parish priests, and who are consequently

irremovable, be dismissed from their parishes?

A.

Only

i.

for

expressly stated in
canonical

solemn

crimes;* 2, which are very grave; 3, and

law 4, and upon a regular i.e., formal or
;

We

trial (servato juris ordine).

say, only

for crimes; now, what are the particular crimes for which
We shall give the answer in the
dismissal can be inflicted ?
following article.
privation

formata

of parish

conscientia.

\Ve say again, upon a trial; consequently

or dismissal cannot, be inflicted ex inIn fact, the Council of

Trent empowers

to inflict suspension, but not dismissal ex in-

bishops merely
formata conscientia

formal canonical

We

trial.

say also, that, the trial must be a

Hence a summary canonical trial is

However, the S. C. EE. et RR., by its In

of June 1, 1880, modified this prescription of canon

not sufficient.
struction
1-24

156
181

128

Can.

38. c. 16, q. 7; cap.

De Par., p 365.
Cone. Trid., sess. xiv. c.

Ii5

168.

Phillips. Lehrb., p. 342.

Conquerente

(ii.

Konings,

n.

1693.

13).

Bouix,

i.

De

Rcf.

Bouix,

De

Jud., vol.

ii.,

pp. 341, 354.

How

IQ 2

a Persoji

may Lose an

law by expressly authorizing Ordinaries of Catholic coun

which canon law obtains to make use of the sum

tries in

mary trial laid down in the above Instruction, whenever it

was impossible or inexpedient to observe the formalities of
the regular or solemn canonical trial.
Of course the proofs of
guilt must always be full and conclusive, no matter whether
the

solemn or only summary,

trial is

missal can be inflicted only

when

In other words, dis

the guilt

is fully (probatio
plena] established in the trial. Half proof {probatio semiplend)
129
is never sufficient for conviction.

fS|P

409. Q.

How

are irremovable rectors in the United

States dismissed from their parishes or missions ?

A.
premise: There are at present two kinds of

We

Some

rectors with us.

We

now answer

Baltimore:

are irremovable; others are

not.

the words of the Third Plenary Council of

"Rector missionarius
permanenter institutus

in

seu inamovibilis, a sua missione definitive removeri non

ob causam canonicam, et tarn in remediis praevenquam repressivis servata forma procedendi juxta normam Instructionis S. Congregationis de Propaganda Fide, de

poterit, nisi
tivis

cognoscendis

et

defmiendis causis criminalibus

naribus clericorum, quae incipit

et discipli-

Cum Magnopere nuperrime

ad Episcopos Foederatorum Statuum Americae Septentrionalis directae."

From this it will be seen that our irremov
able rectors can be dismissed only for crimes expressly
stated, and by trial, which, however, is always summary
with us, and never solemn.
3-

Offences for which Irremovable Rectors

of
410.

We

may

be

deprived

their Parishes, also in the United States.

have said

missed only for crime.

408) that parish priests can be dis

Here the question arises What are

(n.

the crimes for which irremovable rectors also in the United

Bouix,

De

Par., p. 367.

13

N. 38.

Ecclesiastical Office.

193

States, can be dismissed?

Speaking in general, the crime
must be (a) not merely grave, but very grave and atrocious.
For dismissal is a most severe punishment. Now there must
always be a just proportion between the crime and its pun
This holds
ishment, (b) It must be expressly stated \\\ law.
true whether the dismissal is inflicted ipso jure or per se nten^
The law gives the Ordinary a certain amount
tiam judicis.
1

power in
but does not allow him

of discretionary

except

in cases

says, dismissal
pressed in law.

"

the infliction of minor punishments,

to impose those which are severe,

expressly stated. Hence, as Reiffenstuel (1. c.)

is never to be inflicted save in the cases ex

Having discussed

the general character of

the crimes requisite for dismissal, we shall now enumerate

the particular offences that can be visited with dismissal.

fSiT^n.

Q-

What

are the particular crimes for which

dismissal can be inflicted

upon irremovable

rectors, also

with us?

A. We premise; According to law, dismissal is inflicted

two ways: I. Ipso Jure; in this case no condemnatory sen
tence is required, the penalty being inflicted by the law
133
As a rule, however, a declaratory sentence is neces
itself.
in

sary, and, consequently, parish priests are not, generally

speaking, bound in conscience to lay down their office before
their guilt has been judicially declared.*
Nevertheless, the

sentence in this case

the time the crime

is

retroactive

i.e.,

takes effect from

was committed, not merely from the

135

time sentence was pronounced.

2. Per sententiam; in this
136
case a condemnatory sentence is indispensable
the
i.e.,
to
is
be
sentenced
to
dismissal
guilty parish priest
actually

from

181

133

135
131

Such sentence takes

his parish.

moment

effect

only from the

137

it is

pronounced.

Can. Apostolus
Reiff.,

1.

c., n.

i,

Bouix, De Paroch
Reiff.,

c..

n.

Dist. Si.

368.
,

369.

pp. 368, 369.

I3i

Reiff.,

134

Ib.

13S

Cniiss

1.

iii.,

n.

t.

557.

5, n.

368, 370.

How

194

a Person

We now answer

412.

I.

may Lose an

The

offences for

which irremov

able rectors, also in the United States, are ipso jure

deprived
13S
of their parishes or missions are
i.
chiefly
Heresy. 2. Fal
:

sification of apostolic letters.

3.
Assassination; by assas
not only those who commit the deed,
being hired to do so, but also those who hire them."
4.
Killing or striking a cardinal or bishop."
5.
Procuring

sins

we here mean

abortion.

Simony; the penalty of dismissal

from parish is incurred only by simonia realis, confidentialis,
et mixta, not by simonia ment alls
8. Duel, even when
death does not ensue. 9. Usurpation of the property of any
church or locus pins.
10. If a parish priest, without hav
leave
from
the
ing
Holy See, alienates, except in cases per
6.

Sodomy.

7.

"

"

mitted by law, property belonging to his parish.

having been improperly promoted to sacred orders
saltum, without a canonical

titiilns,"*

If

he,

v..,per
or without letters di-

missory, or betore the legitimate age presumes to exercise

the orders thus received.
12. For
omitting to receive
orders within a year. Thus, if a person not
yet ordained
obtains a parish, h? is bound, under pain of
losing his parish
ipso jure, to receive the order of priesthood within one year
from the time of his appointment.
This penalty, however,
is not incurred if the
was
appointee
lawfully hindered from
1

"

receiving orders within the prescribed time

v.g.,

by sick

ness, etc.

The

offences to which dismissal from parish is

annexed only post judicissententiam are chiefly 14D i. Neglect
II.

413.

138

Cfr.

140

Bouix,

142

our Notes,

De

Soglia, vol.

143

Bouix,

146

A number

1.

ii.,

c.. p.

*>

p. 119.

Paroch.,
p.

p.

374.

Craiss., n. 558.
Ib., p. 374.

204.

Bouix.

372.

of bishops

from Germany proposed

De

Paroch., pp. 370, 371.

at the Vatican Council that

simplex foinicatio notoiia. concubinatus manifestus, ebnetas necnon prodigalitai

incorrigibilis atque scandalosa should also constitute legitimate causes for dis

missal from canonical parishes.

(Martin,

1.

c., p.

173.)

Ecclesiastical Office.

wear a becoming

to

clerical dress.

195

146

Non-residence in

2.

147

drunkenness, gambling, murder,

3. Usury,
A
like.
the
and
4. Insordescentia in censura.
perjury, theft,
falls into excommunication or suspension
who
parish priest
14 *
cannot be dismissed simply because he is under censure,
the

parish.

but only when, with obdurate heart, he remains for a year

under censure, and thus, so to say, contemns the authority
has become irregular,
of the Church.
5. If a parish priest

because of having committed an offence punishable with dis

149
It is a
missal.
Concubinage and simple fornication.
a
mooted question whether, de jure commnni,
bishop can
without previously ivarning or suspending the guilty parish
proceed immediately to inflict dismissal for repeated
We say, de
acts of fornication, or even for one act only."
priest,

jure

communi ;

1&1

where custom sanctions

for,

it,

dismissal in
1

"

Again,
may undoubtedly be inflicted at once.
of
a
woman
with
of
when there is proof merely
familiarity
153
bad fame, but not of carnal acts, the bishop cannot proceed

such case

to dismissal except after he has previously

15
pended the guilty parish priest.

warned or sus

Jgir 414. To these crimes for which dismissal is imposable, also with us,
per sententiam judicis," the Third Plen
has added the following for the dis
Baltimore
Council
of
ary
"

missal of our irremovable rectors:

"

"

i.

Inobedientia per-

magni moment i regulis ab Ordinario sive pro administratione ipsarum etiam temporalium rerum suae mis2. Aperta
sionis, sive pro oneribus dioecesanis sublevanclis.

tinax in re

detrectatio

mandatorum Ordinarii post

repetitas

cum

tiones ad scholas catholicas sustentandas

146

Cone. Trid., sess. xiv., cap.

148

Bouix,

150

Ib

152

vi., d.

M1

R.

U9
1.

c.,

pp. 372, 373.

1S1

Cfr.

pp. 375, 386.

Cone. Trid., sess. xxv., cap.

153

Bouix,

165

Cone.

p.

386.

PI. Bait. III., n. 37.

xiv., d. R.,

and

gravi

Soglia, vol.
Ib., p.

admoni-

earum

ii.,

p. 204,

373-

Ib., p. 393-

sess. xxi., cap. vi., d. R,

1M Craiss., n.
559.

Hoiu a Person may Lose an

196

dimno, vel ad novas erigendas, postquam Ordinarius re

mature ponderata declaravit, considerata Missionis conditione, scholas novas erigi posse et debere.
3. Temeraria et
alieni
admonitionem
aeris
repetita susceptio
post
pro ecclesia
seu missione, vei pro ipso sacerdote, sine Ordinarii licentia

aut inanifesta inobedientia in solvendis debitis contractis.

4.

Collusio

cum

aedituis laicis ad

dandum nomen

ecclesiae

(note) in acquisitionem falsam pecuniae veluti debitae ipsi

rectori.

5.

falsitatem in

Fraudulenta deceptio Ordinarii per deliberatam

annua relatione status spiritualis ac temporalis

missionis, in re scilicet

magni momenti vergente ad grave

6.
Publica et perdurans
ipsius.
mores sacerdotales, qua cura animarum

detriraentum missionis
infamatio quoad

grave damnum patiatur. 7. Si quis rector inamovibilis

absque sua culpa redditus vel compcrtus est notoria ratione
et permanenter inhabilis ad missionem administrandam, is

inducendus
per

iuris

<:ongrua

ut sponte renuntiet. Si vero id recuset et

remedium, constituendo ei scilicet vicarium cum
est,

pensione (Cone. Trid.,

Bened. XIV.,

De Syn. dioec.,

1.

sess. xxi., c. 6,

xiii., c. 9, n.

De

Ref.; et

21, et cap. 10, n. 16)

provided nequeat, Episcopus, propter speciales missionum

nostrarum conditiones, ex gravissima causa legitime demonstrata, poterit etiam sic irrationabiliter invitum amovere.
Sive autem amoto sive sponte renuntianti procurabit pensionem, quae ex consultorum consilio congrua censebitur,
eique titulum rectoris emeriti

4.

conservabit."

Dismissal (PRIVATIO) of Removable Rectors, also in the

United

States.

415. According to the general law of the Church, as en

acted already by Pope Innocent III. in the General Council
156
of the Lateran (I2i6),
by Pope Boniface VIII. (1294-1303),

"

156
157

30, De Praeb. et Dign. (iii.

Cap. Unic. de Capell. Mon. in 6

Cap.

5).
(iii.

18).

Ecclesiastical Office.

and confirmed by the Council

of Trent,

197
15

"

and

still

in full

force, the care of souls or the office of rector of a parish is

to be conferred upon the incumbent for life, so that he can

not be dismissed except for certain specified crimes and

upon a formal trial. Consequently, according to the general
law of the Church, irremovability is one of the prerogatives
of a rector of souls or parish priest in the true

sense of the word.

This

is in full

and canonical

harmony with the nature

and of the duties incumbent upon one who

For no one will deny that, while the
is in charge of souls.
duties of a rector of souls can be, absolutely speaking, dis
of the office itself

charged by one who is removable, yet they will be performed

much better and with greater profit to souls by a rector who
is

irremovable, and

who

and the true shepherd of

able ad nutum, and who

is

therefore the father, the spouse,

than by one who is remov

consequence, not regarded as

his flock,
is,

in

a true shepherd, in the full sense of the term.

We say, by the general law ;

139

exceptionally, and by
special fazv, namely, by apostolic indult or dispensation, or by
prescription, or by stipulation inserted in the act or instru
ment of foundation, or also by reason of the missionary
416.

for,

status of a country which makes it impossible to establish

parishes, the Church admits of a derogation from the com
mon law, and allows, by way of toleration rather than ap

proval, the care ot souls to be sometimes exercised by rectors

who are removable.

Accordingly there are at present, especially in France,

Belgium, and England, two kinds of rectors removable and
irremovable. This discipline prevails now also in this coun
For, according to the Third Plenary Council of Balti
try.
more, held in 1884, a certain

cese are irremovable

number

of rectors in each dio

the others remain, in consequence,

removable as under the Instruction Qnamvis

158
i?

Sess.
S.

jo

vii.,

cap.

x. 12.

7,

De

Ref.

of July 20, 1878.

sess. xxiv., cap. 13,

De

Ref.

How

198
jJ3gf~ 417.

may Lose an

a Person

For what cause and

Q.

in

what manner can

rectors who are amovibilesad nutum be dismissed (i.e., deprived

or mis
of, not merely transferred from) from their parishes
sions, also in the

United States

necessary to explain what is

meant by the amovibilitas ad nutum,and by the power of the
ordinary to remove ad nutum. The Church, to use the
words of the "learned Santi, Professor of Canon Law in the

A. Before answering,

Pontifical

Seminary

Rome

1886,

in

is

in his Praelectiones, issued at

Rome,

at

abhors

it

arbitrariness

all

and despotism,

in its

government, and requires that all superiors who are clothed

with authority and have power to remove, shall exercise
their authority according to right reason, natural justice, and
1CU

equity.
that the

Consequently
to

power

is

it

remove

certain, speaking in

as they say

general,

ad nutum does not

161

mean an

arbitrary or unrestricted power to inflict dismissal,

but a limited power, exercisable according to right reason,
and therefore only for a sufficient cause, proportionately

greater or

less,

according to the higher or lower grade

oif

dignity of the office which is to be taken away.

This principle, while it applies in general to all dismissals
of removable incumbents, applies with special force to the

who

are appointed not

transient or passing function or

dismissal of removable ecclesiastics

merely to perform some

ministry, such as to say mass, preach, or hear confessions on
a certain day or clays, but to an office which necessarily by its
very nature brings with it continuous and constant duties, such
as the care of souls, and which therefore has/rr se irremova
62
It is beyond doubt, therefore, that the
bility annexed to it.
especially when applied to rec
tors of souls, is essentially a limited power, and hence a power
exercisable only for cause.

power

160

to

This principle

Jnventum
161

remove ad nutum,

is

clearly laid

down

38, c. 16, q. 7; can. Satis

Santi, Prael.

already by Pope Gregory, in the can.

peiversum

lib. i., tit. xxviii., n.

12.

7, dist.

56.

UJ

Santi,

i.

0.

Ecclesiastical Office.

199

Here, then, the question naturally presents itself:

What is considered a sufficient cause in law for the dismissal
The law of the Church,
of a removable rector ? We answer
418.

while

it

allows, as

we have

seen, of transfers of rectors, even

for other
against their will, not merely for crime, but also
causes of necessity and utility, regards crime as the only suffi
cient cause for dismissal, even of removable rectors. For it is

a general principle of canon law, laid down by Pope Gregory,

that an ecclesiastic, even though he be amovibilis, shall not

be deprived of his office, especially when the care of souls

is annexed to it, except when he has made himself unworthy of
This principle is founded upon natural justice.
it by crimed
For the dismissal, even of a removable rector, inflicts plainly
both disgrace and pecuniary loss, and is therefore a punish
ment nay, a punishment of the gravest kind. Now there
can be no punishment where there is no crime, according to
the rule of law

culpa, nisi subsit causa, non est aliBut it will be objected, that if this be

"Sine

1M

quis

puniendus."

no longer any difference between removable

and irremovable rectors. We deny the inference. For in
the case of irremovable rectors the bishop or superior has no
which in his
discretionary power to remove for any crime

true, there

is

He

can remove only for the

crimes expressly stated in law, and only by a canonical trial.
In the dismissal of removable rectors, on the other hand, the
that is, he is
bishop has a great deal of discretionary power :
and
the
or
crimes
not tied down to the causes
many formali
is

judgment

ties of
163

trial

facinus,

glossa in h.

of

esse

ab
c.

7,

are:

Pope Gregory

censmam

officii

ut

suis

"

Satis

Again. Pope Gregory decrees:

Glossa.

ib.

non

nisi

v. nisi

perversum

dejicit."

"

gravi culpa

gravi.

contra ecclesiasti-

quem sua

Can. Satis

7, d.

culpa
56, et

si juste adepCan. Inventum

(ecclesiam)

amittat."

See, especially, Glossa in cap. Unic.

de capell. Monach. in 6, v. causa, rationabili.

164
Reg. xxiii. de Reg. Jur. in 6
.

Quam

et

officiis,

quis privetur

quo fungitur gradu non

tus fuerit (presbyter), hanc

38, c. 16. q.

canon law for the dismissal of

in

prescribed

The words

cam probatur
vel

sufficiently grave.

How

2OO

a Person

may Lose an

parish priests proper, but he is free, or has discretionary

power, to impose dismissal (a) only for crimes indeed, but

yet for crimes which are not expressly stated in law, and
which are, in the estimation of good men, sufficiently grave

make

of his position
(b] and by a
and
therefore
less
formal
than that
summary
an
of
irremovable rector.
required for the dismissal
The form of trial which is at present necessary in the
United States is, in dioceses where the curia is established,

to

trial

the rector

which

unworthy

is

which is outlined in the Instruction of the S. C. de P. F.

of 1884; and in dioceses where by Papal dispensation the.
curia is not yet constituted, that which is laid down in the
that

Instruction of July 20, 1878, as modified in article

Instruction of 1884.

xii.

of the

and unequivocally recognized al

ready by the Second Plenary Council of Baltimore, and by
the Instruction of the S. C. de P. F. of July 20, 1878. For both
the Second Plenary Council and the Instruction, while stat
ing that all our rectors were amovibiles (C. PI. Bait. II., n. 108,
Instr. cit. Ad Dubia,
i), yet enacted at the same time
125
that they could not be dismissed from their missions save
This principle

is

fully

crime and by
Resp. Ad Dubia,
419. The above

for

trial.

(C. PI. Bait.

II.,

n.

77; Instr.

I.)

rule, that privation of mission

flicted upon a removable rector, only for crime,

nary rule. In other words, dismissal (privatid)

imposable only as a
incumbent.

We

cit.

106

punishment

for crimes

can be

in

is

the ordi

fs

generally

committed by the

say, generally; for there are certain cases,

indicated in law, where very grave and urgent causes render

necessary to inflict privation upon a rector, even though
For in
he is, technically speaking, guilty of no crime.

it

human

not always possible to exempt innocent

persons from punishment. Grave reasons of public interest
165

ume,

affairs

it

is

This Instruction, and the answer

p.

415 sq.

Ad Dubia

are given in the second vol

Ecclesiastical Office.

201

and must, at times, prevail over the rights and privileges

of individuals, just as the welfare of a whole community
must be preferred to the welfare of this or that member of
will

the community.
J

even irremovable rectors, who,

though free of crime, are permanently and notoriously disa
bled, v.g., by chronic disease, from administering their parish
It is

on

this principle that

or mission,
to resign,

may

and

if,

be deprived of their mission if they refuse

moreover, the circumstances are such that

168
Here a punish
no assistant priest can be assigned them.
ment namely, privation is indeed inflicted without crime,

yet not without grave and urgent cause. This ism harmony
with the above maxim of law
Sine culpa, nisi subsit causa,
"

non

est aliquis puniendus."

where privation

420. In these cases

is

inflicted,

not indeed

for crime, but for other sufficient causes of public interest, it is

not required that the trial prescribed by the Instruction Cum

Magnopere (or Quamvis of 1878, where

obtains) should
necessary and sufficient that
still

it

precede the privation but it is

a very careful and accurate investigation should be made
This investigation
into the causes calling for the privation.
should be put on record, so that, upon appeal being made
;

by the rector removed,

it

may appear

ex actis that there

is

Finally, our removable

legitimate cause for the privation.
rectors can appeal or have recourse to the superior, that is,

to the metropolitan, and ultimately the

decree or sentence of dismissal. This

See, against the

expressly set forth

Holy
is

Second Plenary Council of Baltimore, n. 77, and in

the Instructions Quamvis of 1878 and Cum magnopereoi 1884.
in the

Has

this appeal or recourse a suspensive or only a devolu-

tive effect?

of this

We

shall give the

answer

in

work, under the head of Dismissals.

166

Cone.

PI.

Bait. III., n. 38, vii.

the third

volume

CHAPTER

X.

OF RESTRICTIONS UPON JURISDICTION EXEMPTIONS OF RE

LIGIOUS COMMUNITIES FROM THE JURISDICTION OF
BISHOPS AND PARISH PRIESTS ALSO IN THE U. S.
421. Thejurisdictio of bishops, parish priests, etc.,

may be
may be

suspended by censures and irregularities. Again, it

as to persons,
restricted either as to persons or matters
:

limited by exemptions

present
is

we

shall

as to matters,

by reservations.

it is

At

merely dwell upon exemptions. Exemption

^i.vhicJi a person or a place is withdrawn from

a privilege? by

the jurisdiction of the bishop

diction of the Pope.

and placed

directly

under the juris

Various Catholic writers,

hostile to

the Holy See, have written in opposition to the exemptions

who followed
granted to religious communities. Febronius,
of these authors, asserted that exemptions, as
vested in religious communities, were, I, prejudicial to the
of mo
authority of bishops 2, injurious to the observance
of
to
the
interests
nastic discipline 3, nay, even detrimental
in the

wake

secular rulers.

The defenders

of Gallicanism, as a matter of

with this outcry against exemptions.

v.g., St.
422. On the other hand, good Catholic writers
Francis of Sales, St. Bernard complain also, not indeed of
exemptions themselves," but of the various abuses occasioned

course, chimed

by them.
1

It

Craiss., n

in

were, in

vain to deny that no small numa

567.

Cfr. Phillips, Lehrb.,

*

fact,

Ap. Bouix, De Jure Regular.,

vol.

ii.,
"

Bouix,

1.

c., p. 86.

Ferraris, V. Regulares, art.

149, p. 292.
p. 86.

Parisiis, 1867.

Craiss., n.

-/>g,

570, 571.

ii.,

n. t

Of

Restrictions upon Jurisdiction.

203

them they had become too

numerous and extensive, and were consequently modified
and reduced in number by the Council of Trent and by
various Pontiffs.
Having premised this, we establish the
Exemptions, apart from abuses, arc
following proposition
and
lawful, nay, very useful
just
her of evils were attendant on

Exemptions arc Lawful. This is proved, I, from

423.
9
their antiquity.
Thus, in the year 390, St. Epiphanius,
I.

Bishop of Salamina, having come to Jerusalem on a pil

grimage, and remaining at a certain monastery in Bethle
hem, conferred the order of priesthood upon Paulinus, one
of the monks.

When

John,

Bishop of Jerusalem, com

plained of this act as an infringement of his authority, St.

Nihil tibi injuriae fecimus in monasEpiphanius replied
"

10

ordinavimus, et non in paroccia [dioecesi], quae tibi

subdita sit.
Hence, even at this early period, the monasterio

"

terv in question was exempted from the authority of the

In the Roman council held in the year 601, St.
ordinary.

Gregory the Great exempted monasteries in general from

the jurisdiction of bishops. The decree reads
Quia in pluribus monasteriis multa a pracsulibus praejudicia monachos
pertulisse cognoscimus, prohibemus ut nullus episcoporum
"

praesumat de rebus monasteriorum minuere neque

audeat quamlibet potestatem habcre imperandi, nee aliquam ordinationem faciendi, nisi ab abbate loci fuerit rogaultra

Exemptions, secondly, are lawful, because they

emanate from the legitimate exercise of competent authority
"

tus."

2.

vested in the

Roman

Pontiffs.

No

Catholic can doubt for a

moment

that Popes can exempt certain persons from the

12
jurisdiction of inferior prelates.
424.

II.

Exemptions, moreover, are Useful and Just.

For

religious communities, as at present constituted, are, as a

7

9
11

Sess. xxiv., cap.

Craiss., n. 572.
Ib.

xi., d.

Soglia, vol.

R., et alibi.
10

Bouix,

u Craiss..

De
n.

Jure Regular., vol.

573

cfr.

ii.,

Soglia, vol.

ii.,

p. 55,

pp. 99, 100.

i.,

p. 243.

Of

2O4

Restrictions upon Jurisdiction.

governed each by a general superior. By means of

this unity of government the various houses of a congrega
tion, though spread through different dioceses and governed
by local or provincial superiors, ultimately depend upon a
"

rule,

general chapter or superior the community is thus pre

vented from being divided into innumerable, insignificant
houses independent one of another. That this form of gov
;

ernment
ducive
cipline,

and con

beneficial to religious congregations,

is

the

to

better

observance

no one can doubt.

Now,

of

monastic

the

this unity of

dis

government

could not obtain in case religious communities were sub

ject to bishops for each bishop would become, so to say,
;

the supreme and independent superior of the communities

of his diocese.

some doubt as to the origin of exemptions.

According to some writers, they are coeval with monastiThere

is

14

cism

itself;

according to others, they are of later

were not possessed by any religious community

16

ning

of monasticism.

f^T"

425.

What

date,"

in the

and

begin

17

religious communities possess at present the

the jurisdiction

of bishops ? All
law of the
the
common
whatever
orders
enjoy,
by
regular
in
their
For
houses or
the
Church,
question.
privilege

from

privilege of exemption

monasteries, though situate

in

the diocese, are nevertheless

considered, by fiction of law, as a separate territory. Thus,

Pope Leo XIII., in his celebrated constitution, Romanes Pontifices

(Ad regulariunt),

p. cv,

and

issued in 1881 for England and Scot

land, and extended to the United States, at the request of
th^ Third Plenary Council of Baltimore (Cone. PL Bait. III.,

p.

n.

"

86), says

13

Bouix,

15

Thomassinus, Vetus

696 seq.

1.

c.,

pp.

no,

Earum

u Ib

113.
et

(religiosarum sodalitatum)

Nova

Eccl. Disciplma, pars,

i.,

Lucae. 1728.

De

16

Bouvier.

"

Cfr. Reiff.,

Decal., cap.
lib.

i.,

tit.

ii.,

p.

267. vol. v., edit. 1844.

xxxi., n. 107.

103 seq.

lib. iii.,

cap. xxvi.,

Of
domus

Restrictions upon Jurisdiction.

habitae fuennt juris fictione quasi territoria qua f dam

ab ipsis dioecesibns
1.

priv.,

205

v.,

K. R., vol.

t.

33

1.

v.,

de privileg. et excess,
Clem., 1. v., t. / Phillips,

^Cf. Tit.

avulsa."

in 6,

t.

in

903; Sabetti, comp. n. 620.)

We say, all regular orders whatever ; now, by regular
orders are meant only those which have solemn vows. Conse
vii., p.

quently, religious congregations of priests which have but

simple vows, even though perpetual, or have no vows at all,
do not possess the privilege in question by the jus commune;

De

1.
3, t. 36, n. 4; yet by special concession of
See,
religious institutes which have no solemn vows
Holy
in
fact, many of them, v.g., the Passionists, Remay obtain,

Angelis, Prael.,

the

demptorists, have obtained exemption from episcopal juris

diction, just like regulars with solemn vows.
According to

more common

not acquired by
the communicatio privilegiorum, but must always be conferred
directly by the Holy See in each individual case (S. C. EE.
the

et

RR., Sept.

16,

opinion, this privilege

1864

Lucidi,

Sanguineti, Jur. eccl. Inst,

De Visit.,

n. 393, 395,

is

vol.

ii.,

Romae,

pp. 107,

10

1884).

426. Nature and Extent of the Exemptions of Religious

Communities from the Authority of Bts/tops. Religious at the
present day are not, by virtue of their exemptions, released
18

For exemp
were
diminished
seen,
considerably
by the Jus
to
the
of
Council
commune previous
Trent, by the Council
of Trent itself, and subsequently by various Pontifical
enactments. Hence, bishops are now vested, in various
from

all subjection to episcopal jurisdiction.

tions, as

was

with jnrisdictio ordinaria or delegata over religious

orders.
Thus, regulars, notwithstanding their exemptions,
if
live
even though it is with the
out of their monastery
they
cases,

19

permission of their superior, and commit offences or crimes

18

Craiss., n. 576, 577.

50

However, those

tery

who

are out of

it

giving retreats, or for

"

Ferraris, V. Regulares, art.

ii.,

n. 2, 3.

religious are not regarded as living out of their

two or three months for the purpose

recreation, and the like.
(Craiss., n. 904.)
for

monas

of preaching,

206

Of

Restrictions upon Jurisdiction.

while thus living out of the monastery, can be punished by

the ordinary of the place as delegate of the Apostolic See.
(Cone. Trid.,
ever, who,

closure,

sess. vi., c. 3,

De

Ret.)

Nay,

all

residing in their monastery, have,

committed offences

in so notorious a

regulars what
out of that en

manner as to be

a scandal to the people, shall, at the instance of the bishop,

be severely punished by their own superiors, within such time
as the bishop shall appoint, and the superior shall certify to
the bishop that the punishment has been inflicted; other

wise the delinquents

self.

be punished by the bishop him

may

(Cone. Trid., sess. xxv.,

Vecchiotti,

1.

ii.,

c.

14,

De

cap. 9; Sanguineti,
who exercise the cura

all regulars
Agfain,
O
O
*

Soglia-

Regular.;

n. 395, a,

b)
animarum are
,

subject to the jurisdiction and correction of the bishop in

all those matters which relate to the care of souls or the
duties of a rector and the administration of the sacraments.

(Bened. XIV., Const. Firmandis, Nov. 6, 1/44.) For several

other cases where regulars, notwithstanding their exemption,
fall under the jurisdiction of the bishop, see Sogha Vecchiotti,

I.

cap. 9.
chief cases in

ii.,

which religious communities do

under the authority of bishops" are thus enumerated
by Cardinal Soglia :~* In reliquis autem quae ad disciplinam domesticam, observantiam regularum et votorum, mo427.

not

The

fall

"

clum vivendi,

officia,

promotiones, coercitiones religiosorum,

pertinent, nequit episcopus sese

|5|F"

428.

Are

immiscere,"

religions communities in the United States ex

They are, so far as ex

the authority of bishops ?

empted from
empt orders of men are concerned

the Jesuits, Do
2
This is
minicans, Benedictines. Capuchins, Carthusians.
beyond doubt at present. For the Const. Romanes Pontifices
of Pope Leo XIII., which guarantees the privilege of exemp;

v.g.,

"

21

23

Cfr

Phillips, Kirchenr.

vol. vii., pp.

Cfr. Kenrick, Mor., tract, iv.

app.

2-

903-1027.

ii.,

n.

i-io;

tract,

Vol.

viii., n.

ii.,

p.

50 seq.

5;

Of

Restrictions upon Jurisdiction.

207

England and Scotland, was, at the

request of the Third Plenary Council of Baltimore, extended
to this country by decree of the S. C. de Prop. Fide, dated
Be
Sept. 25, 1885 (see decree in Cone. PI. Bait. III., p. cv).
tion to regular orders in

sides,

of the

it

was already clearly implied in the following words

Second Plenary Council of Baltimore: "Dura ab

Episcopis serventur regularium exemptiones in

regimen internum communitatis

iis

quae ad

spectant!"

Nay, regular orders of men in the United States, England,

Scotland, and other missionary countries enjoy this privilege
of exemption from the jurisdiction of the bishop to a greater
extent than in non-missionary countries where the general
For, by the common law of the
those small convents or houses of regulars where

law of the Church obtains.

Church,

all

there are not at least six monks, namely, four priests and two
lay brothers, remain entirely subject to the jurisdiction of
the bishop of the place where they are situate, as apostolic
delegate, and that not only in matters pertaining to ecclesi-

those relating to the monastic

(Innoc. X., const. Instaurandae, Oct. 15, 1652;
discipline.
const. Ut in parvis, Feb. 10, 1654; Leo XIII., const. Roma
tical discipline,

nes Pontifices,
5

sq.

Lucidi,

but also

May
De

8,

in

1881

Ferraris,

Visit., vol.

ii.,

p.

v.

Conrcntus, Art.

I.,

n.

32 sq.)

Now

the S. C. de Prop. Fide has frequently declared

that this general law requiring as a condition of exemption
that at least six regulars shall live in the same house is not
to be understood as applying to regulars who live and exer

(Leo XIII.
Consequently our Holy

cise the sacred ministry in missionary countries.

Romanes Pontifices cit.)

Father Pope Leo XIII., now gloriously reigning, in his
celebrated constitution Romanes Pontifices ( Quamobrem} ftrst
issued tor England and Scotland, and now extended to the
United States, as was seen, declares that regulars in the
const.

84

Cone.

Pi. Bait. II., n.

413;

cfr. ib.

app. 21,

p. 322.

208

Of

Restrictions upon Jurisdiction.

aforesaid missionary countries, who live in houses or resi

dences attached to missions or congregations, even though but
three, or two, or one live in sncli Jiouscs, are

exempt from the

same manner as regulars living

monasteries or convents having more than six regulars.

jurisdiction of bishops in the

in

For, as the illustrious Pontiff well says, in view of and as a

reward for their noble missionary labors, they are regarded
bv fiction of law as living intra claustra, although as a matter
of fact thev live extra claustra.

Of course these regulars

living in missionary residences,

with us, as elsewhere, while enjoying the privilege of ex
of the bishop,
emption, remain subject to the jurisdiction
to
the care of
that
like all other regulars, in all
pertains

souls and the administration of the sacraments, and in those

other matters enumerated above

(n. 426),

as

Pope Leo XIII.

expressly declares in the above constitution. Consequently

In re
they must attend diocesan conferences and synods.
to their right of appealing against statutes of diocesan

gard

their missions or
synods, the right of the bishop to divide
quasi parishes, see the const. Romanes Pontificcs of Leo XIII.,

given
more,

in its entirety in the

Third Plenary Council of Balti

212 sq. These regulars are also bound to give the

the
bishop annuallv an account of their administration of all
real and personal, given them intuit u missionis, but
p.

property,
not of the property belonging to them qua regulares.
XIII., const,

(Leo

cit.)

IglP What has been said concerning the exemption of

also
regulars proper in the United States applies, of course,
to those religious congregations or institutes with us that
have indeed but. simple vows, but yet are exempted by

special concession of the Holy See, v.g., the Redemptorists.

The Third Plenary Council of Baltimore (n. 91) wisely ordains

whenever any controversy should arise between bishops

and exempted religious communities respecting exemptions,
that

Of

Restrictions upon Jurisdiction.

209

the bishop should refer the matter to the Cardinal Prefect

of the

Propaganda.
UjgP Q. In what manner are religious communities, male
or female, in the United States, who have but simple vows,
or no vows at all, and who do not enjoy, by special conces
sion, the

privilege of exemption, subject to the jurisdiction

of the ordinary

A.

We

premise: i.
cesan and non-diocesan

We

must distinguish between dio

institutes.

By

non-diocesan institutes

meant those w hose

institute and constitutions or rules

approved by the Holy See, and who are governed by a
superior or superioress-general. By diocesan institutes, on
the other hand, we understand those whose institute and con
stitutions are approved onlv by the ordinary.
2. We must
also distinguish between the power of domestic government
(potcstas dominativd) and the power of jurisdiction (potestas

are
are

jurisdictionis).

The former

tic

of the religious institute,

government

relates to the internal or

domes

and empowers the

see that the rules and constitu

superior or superioress to
tions of the institute are observed.
jurisdictionis. refers to the

power

The

latter,

of the keys,

i.e.,

fofestas

and consists

in

and loosing, inflicting ecclesiastical cen

power
4
sures, and the like.
3. We must also distinguish between
religious congregations of males and those of females.
For,
the

as

of binding

we

men are usually granted larger

than
those of women.
government
now answer I. Non-diocesan institutes, whether

shall see, institutes of

powers
fdgT

of

We

men or women,

are exempted from the authority of the

so
far
as
concerns the domestic government, but not
Ordinary,
so far as regards the power of jurisdiction
In other
proper.

of

words, they do not depend upon the bishop so far as con

cerns their constitutions as approved by the Holy See. For,
as De Angelis (I. iii., t. 36, n. 4)
says, once the Holy See has
56

See our article on Religions Communities

for Apr., 1878. p. 250.

in

the

Am.

Cath. Quart.

Review

2io

Restrictions upon Jurisdiction,

Of

sanctioned anything or taken it in hand, inferior ordinaries

can no longer interfere with or change it. Now, as a mat
ter of fact, the rules of these institutes, especially of men,
in the hands, not of the
place the entire domestic authority
But the
or
superioress.
bishop, but of their own superior

Holy See, in approving these institutes, generally reserves

the potestas jurisdictionis over them to the bishop. While,
however, these institutes, male or female, are exempt
from the bishop

in

matters of

domestic government, yet

Holy See, as a rule, vests the potestas dominattva more

in those of women.
Thus,
largely in institutes of men than

the

as a rule, these institutes of

men, as approved by the Holy

See, are independent of the ordinary, not only in regard

to the internal government of the house, but also in re

gard to the election of their superiors, the admission or

members

mission of

dis

of the institutes, the administration of

their property, their receipts and expenses

general law of the Church, all religious

whereas, by the

communities of
and are ex
vows
solemn
have
even
women,
though they
have
but simple
which
those
empted; and a fortiori, therefore,
vows and are not exempt, a) must give the oidinary of the
ex
annually a financial statement of their receipts and
26

<

place

the bishop to be present and preside at

penses, (If) and allow
27
the election of the superioress, (c) and to examine candidates
before their admission and profession. (Cone. Trid., sess.

proper. For women are gen

The
business than men.
erally less capable of transacting
Third Plenary Council of Baltimore (n. 92) provides that when

xxv.,

c.

17,

De

Reg.)

This

is

bishops and these institutes, the

of the
bishop shall have recourse to the Cardinal Prefect

differences arise between

Propaganda.
II.

De

Diocesan institutes depend entirely upon the ordiCom.

26

Craisson, Des

21

Gregor. XV., Const. Inscrutabili,

Angelis,

1.

iii.,

t.

Relig.

36, n. 4.

n. 184 sq.;
5;

Paris, 1869.
Ferr., V. Regulares, art.

ii.,

n.

5J

Of

Restrictions upon Jurisdiction,

1 1

nary, even though they follow the rule of an order approved

by the Holy Sec. Hence they are not exempt from the
28
If these
even in matters of domestic government.
institutes wish to found in other dioceses filial houses or
branches which are to remain subject to the mother-house,

bishop,,

an agreement should first be made between the bishop of the

diocese where the mother-house is situate, and the bishop
of the place

where the new house

is

to be opened,

and the

superior or superioress of the mother-house, by virtue of

which (agreement) the branch houses shall remain subject
to

the

superior or superioress of the mother-house, so

their internal or domestic regime, but also

far as regards

entirely subject to
nary of the place

the potestas jurisdictionis of

diocesan institutes.

Moreover, they have, as a

the ordi

where they are. Hence these branch

houses are exempted from the potestas dominatira, but not
from the potestas jurisdictionis of the bishop of the diocese
where they are located. 29 As a matter of fact, the greater
number of religious communities of women with us are
30

rule,

but

91

they are not, in consequence, true religious,

at least strictly speaking, of those orders whose rules they
simple vows;

Hence they

under the jurisdiction of the ordi

33
This applies to Bene
nary
dictine and Dominican sisters and the like, and also to sis
ters of charity and similar congregations.
fSfP The authority of bishops over the purely diocesan
institutes in question is thus set forth in the Third Plenary
follow.
32

in the

fall

sense just explained.

Council of Baltimore,

n.

"

93

Instituta vero dioecesana

quorum

constitutiones ab Ordinario tantum approbatae sunt, depend

ent ab Ordinario, cujus est earegere, corrigere ac reformare.
salvo

semper fine ad quern

18

Cone.

30

Deer. S. C.

11

Cone.
Bouix,

hujusmodi institnta sunt

Cone.

PI. Bait. III., n. 93.

Ep

3 Sept., 1864.

Jur Reg., vol.

ii.,

p.

M
132.

sua

PI. Bait. III., a.

ad Archiep. Bait.

PI. Rait. II., n. 419. 420.

De

in

Craiss.,

Man., n

609.

Of

Restrictions upon Jurisdiction.

fmidatione ordinala,
primitus approbatis

et

ad

Ordinar io

quern constitutionibus ab

diriguntur."

How

Religious Communities are Exempted from the

Parish
Priests in whose Parishes Monasteries or
of
Autltority
In whatever matters religious
Convents arc situate. Rule I.
429.

communities are exempt from the jurisdiction

of

bishops,

they are, a fortiori, free from the authority of parish priests.

430. Rule II.

By

34

parochial rights (jura parochialia), as

we mean chiefly
Extreme
Unction, and the
administering baptism,

vested, at present, in canonical parish priests,

the right of

Viaticum

35
;

the faithful, moreover, are obliged to satisfy the

parish church, and ta

contract marriage coram proprio parocho
Regulars, there
fore, cannot administer any of these sacraments to the laity

precept of paschal

communion

in their

37

without the permission of the parish priest or bishop. Sev

eral particulars, however, are to be noticed in regard to this

Regulars approved for the confessions of seculars

38
season
(b)
(a) lay people also during the paschal
the sick at any time; but, having done so, they must inform,
at least by leaving a note with the sick person, the parish
i.

point,

can hear

priest of the fact, so as to enable

him to administer the Viati

cum and Extreme

They may/

distribute

Unction.

2.

Holy Communion

in

in like

manner,

their churches, except

on

Easter day itself. 3. Formerly the faithful were bound to

hear Mass on Sundays and holidays in the parish church."*

This obligation has lapsed. Bishops and pastors, at present,

may indeed exhort, but cannot compel, the faithful to attend
the parochial
34

Mass."

Bouvier, Tract, de Decalogo, vol.

v., p. 269.

Paris, 1844.
zt

Ferraris, V. Parochia, n. 22.

31

Bouix, De

38

Cfr.

39

Cfr. Bouix,

1.

40

Cfr. Bouix,

De

41

Cfr. Ferraris, V. Parochia, n. 23.

Paroch.,

p.

442 seq.

Bened. XIV., De Syn.,

c., p.

lib. ix., c. xvi., n. 3.

448.

Jur. Regular., vol.

ii.,

p. 196.

Ib.

Of

Restrictions upon Jurisdiction.

The second

|S|f~ 431. Rule IIL

213

rule, as just explained,

refers, among other things, to the administration of certain sac

raments on the part of exempted regulars. Rule III., now

under consideration, relates chiefly to the

reception of certain

sacraments by religious. Religious communities, both male

and female, which enjoy the privilegium exemptionis, and that
whether they have solemn or only simple vows, are by that

very fact also exempted from the authority of the parish

priest, in whose parish the monastery or convent is situate.
if
they are nuns or sisters, can
sacraments, namely, the paschal com
munion, the Viaticum, and Extreme Unction from their own
For the chaplain of exempted nuns or sisters is
chaplain.

Consequently, these religious,

receive the above

vested with the rights and duties of a parish priest, in regard

to the sisters, to whom he is chaplain.
(Ferraris, v. Capellanus Monialium, add. ex al. Man., n. i.)
f^iP
say, exempted nuns ; for. sisters or nuns, who

We

exempted and no sisters in the United States are

exempted are subject, according to the general law of the
Church, to the parish priest of the place where the convent
is located, and therefore must receive the above sacraments
from him. However, where the contrary custom prevails,
and where this custom to the contrary is lawfully prescribed,
are not

the bishop

may

appoint even for nuns or sisters

who

are not

exempted, chaplains, who

shall have the rights and duties

of parish priests in relation to the nuns in question and
where the bishop does so, the chaplain and not the parish
;

priest has the right to administer the

the sisters.

(Ferraris,

What

1.

c., n.

above sacraments to

2-5.)

been said of sisters applies,

In other
fortiori,"
religious communities of men.
words, exempted regulars, even though they have but simple
vows, are exempted from authority of the parish priests.
Consequently they receive the above sacraments, not from
the parish priest, but from priests of their own order.
This
43 2

"a

fSIF"

to

has just

Of

214

Restrictions upon Jurisdiction.

but also to novices

applies not only to professed religious,
the authority of
from
are
also
who
and postulants,
exempt
servants of
nay, by the Council of Trent," even
monasteries may receive paschal communion, the Viaticum,
parish priests

and Extreme Unction

in the

community, church, or chapel,

43

in the monastery; for if they merely

provided they live
work there during the day, going out at night, or if they
44
situate indeed intra ambit um monasterii, but
live in houses
detached from it, they must receive the above sacraments

Can students

at colleges in charge
academies conducted by nuns, re
ceive the paschal communion, Extreme Unction, and the
Viaticum from the chaplain of the respective institution, or
are they bound to receive these sacraments from the parish

from the parish

of regulars, and

priest.

girls in

The question
priest of the place?
certain, however, that the bishop

"

is

controverted.

It is

may, by special enact

and
these
ment, exempt
girls from the obligation of
youths
from
the
parish priest of the place
receiving these sacraments
46

where the college or academy is situate in fact, bishops

47
to
boys
generally do so at present, not only with regard
and girls educated respectively by regulars and nuns, strictly
;

in
speaking, but also with regard to students brought up
educated
and
secular
conducted
by
girls
priests,
by
colleges

nuns or

sisters

having but simple vows, and not exempted.

44

Sess. xxiv., cap.

44

Bouix,

Craiss., n.

1.

c., p.

612.

xi., d.

200.

R.

43

Craiss., n. 611.
Ib.

1.

Bouix,

c.,
1.

pp. 204-209.
c., p.

209.

CHAPTER

XII.

ON THE RIGHTS AND DUTIES OF THOSE WHO ARE VESTED

WITH ECCLESIASTICAL JURISDICTION.
Those who have

jurisdictio ecclesiastica are

by that
and
prerogatives viz.,
very
to reverence and obedience from those under their charge.
Now, these rights have corresponding duties of these
some are positive, consisting of certain actions to be per
formed v.g., the duty of residence others negative, having
433.

fact entitled to certain rights

At present we shall
reference to the avoiding of excesses.
of
the
of
ecclesiastical
i,
superiors in
speak,
rights
only
1

general; 2, of their negative duties i.e., of the excesses to

be avoided by them in the exercise of their authority.

ART.

I.

Rights of Ecclesiastical Superiors in General (De Obedientia

et

Revcrcntid).
a

The

right to obedience and reverence on the part

of subordinates may be said to constitute the chief preroga
434.

tive

of

Ecclesiastical obedience
superiors.
in three things
consists
general

ecclesiastical

(obedient ia canonicd) in

In this: that an inferior should carry out the di

435.
4
rections of his superiors, and, therefore, submit to their
i.

authority in matters pertaining to their jurisdiction.

1

Craiss., n. 621.

"

Ib., n. 622.

Phillips, Kirchenr., vol.

ii.,

p. 174.
215

Reiff., lib.

Ratisbon, 1857.

i., tit.

This

xzxiii., n. 1$.

Rights and Duties of these Vested

in his ordination/

every priest promises

Those, moreover,

who

are canonically appointed parish priests

must also
take the oath of canonical obedience.
we
ask
Wha
Now,
:

United States, the force of the promise

especially in the

is,

obedience

of

Chiefly this:

given by every priest in his ordination

priests are bound not to give up their mis

I,

sions or congregations
ut
they are exJwrtcd
"

without the bishop s permission 2,

non detrectent vacare cuilibet mis;

ab episcopo designatae."
Obedience is due the supe
even when it is doubtful whether his orders are just;
oecause the presumption is in his favor. But who is to be

sioni

rior

obeyed

of authorities

in a conflict

astical superiors, in matters falling

i.e.,

when two

under their

ecclesi

jurisdiction,
9

give contrary orders? The general rule is that obedience

is due to the
higher superior. Nor is this opposed to the
an ecclesiastic must obey his bishop rather
that
principle
;han the metropolitan

I0

for,

in the conflict of authority,

it

taken for granted that each of the superiors in question

has a right to command. Now, the metropolitan has no
power over the ecclesiastics of suffragans, except during the
js

and on appeal.

visitation

must obey

11

On

the

same

principle, a

than the bishop

his prelate rathei

in like

monk
man

when

the bishop orders something which is contrary to

the jus commune of the Church, the law is to be obeyed, and
12
not the bishop.
ner,

436.

2.

Obedience

consists, secondly, in the submission

of the inferior to the judicial authority (jurisdictio conten13

tiosa) of his superiors.

Craiss., n. 622

cfr.

Phillips,

1.

c., p.

Pontificate

Rom.,

pars,

i.,

Cfr. Instructio S. C. Prop., 28 Junii, 1830, ap.

This whole matter

on the Decrees of the

"

Reiff.,
15

1.

c., n. 22.

Ib., n. 622.

p. 77.

Mechlin., 1862.

200.

is

Cone.

Bait., pp. 64, 65.

well explained in the Instructio of the Propaganda

First Prov. C. of Baltimore.

I0

Phillips,

1.

c.,

p. 181.

"

Craiss., n. 623.

13

Reiff,

I.e.,

n 20

437.

3.

with Ecclesiastical Jurisdiction.

Obedience

consists, thirdly, in the reverence

due

we mean
should show

superiors

v.g. t

first

and

14

By

superiors.

reverentia

respect which inferiors

in their presence,

by rising

Of

the like.

we

shall

the external marks of

their

"

giving them the

this reverentia

speak

place,

in the following

article.

ART.
Canonical Precedence

II.

Majoritas and Praecedentia.

The

respect (reverentia) due superiors is shown

the
chiefly by
precedence which is given them, especially in
processions, funerals, synods, signing documents, and the
438.

like.

16

439.

Of these some are general,

Rnles of Precedence.
I. General Rules of Precedence.
Precedence

others special.

regulated by five causes: I. Ex praerogativa

ordinis ; thus, a deacon, even though younger as to ordina
16
than a subdeacon a priest higher than
tion, ranks higher
in

17

is

general

Praerogativa cunsecrationis ; thus, a conse

bishop precedes a bishop elect. 3. Ratione jurisdic-

a deacon.
crated
tionis

19

et

younger

2.

digmtatis

an archbishop, even though

hence,"

as to consecration, takes precedence of a bishop.

Ratione antiquitatis

1"

thus, precedence among bishops

themselves is regulated by the time of their consecration ;
among priests, by the time of their ordination. This rule

4.

applies only to ecclesiastics in the same ordo ; it admits of

5. Praerogativa ordinantis ; thus, an ecclesiastic
exceptions.

ordained by the Pope" precedes others of the same ordo

and dignitas with himself, even though he was ordained
after

them.

"

Reiff.,

1.

li

c., n. 16.

"

"

Phillips,

w
n

1.

c.,

1.

c., p.

1.

c., n. 3.

Cfr. Phillips,
Ib., n. 4.

51

Craiss., n. 626.

Phillips,

Reiff.,

p. 155.

Phillips,
159.

1.

c.,

pp. 158-163.

1.

c., p.
lf

Ib.,

174
n.

Rights and Ditties of those Vested

218

To

440.

these five rules, generally given by canonists,

may add:

i.

"Ex

privilegio

insignium,"

mitred

we

abbots"

take precedence over others not entitled to wear the mitre.

34
2. In sacred functions and public
prayers those who are in
sacred vestments precede others (even though they be supe
rior in rank) who are in their ordinary dress.
3. In his own
diocese a bishop takes precedence of other bishops, nay,
even of archbishops
not, however, of his metropolitan."
;

As

a matter of courtesy, however, the bishop of the diocese

may give precedence to strange bishops who are in his dio
!(1

by which the Archbishop

Praerogativa loci,"
of Baltimore takes precedence of all other archbishops in
"

cese.

4.

the United States in councils

"

and the

like.

i.
Vicars-general,
Special Rules of Precedence.
441.
as a rule, should have the first place after the bishop, and
take precedence of canons and dignitaries, both in the pre

II.

sence and absence

of the bishop, provided, however, they

are present in their official capacity i.e., as vicars-general."

**
In the United States also vicars-general take
precedence
of all other priests or dignitaries of the diocese. The vicarS1
takes precedence even of the
general of the metropolitan

bishops of the province.

<vacante,

country, being quasi-capitular vicars, precede

the other clergymen of the respective dioceses.
in rank are rural deans, then come pastors, and,

in rank all

Next

2.

finally/

lars

Administrators of dioceses, sede

in this
"

assistant priests

come

last,

and other

ecclesiastics.

and should always, even

3.

their

in

Regu
own

*4

churches, give precedence to the secular clergy. Prece

dence among priests in the United States is regulated by
M

Craiss., n. 626.
19
*8
"

Cfr.

Cone.

"

PI. Bait. II., p. 343-

Bened. XIV.,

De

Syn.,

lib.

Ferraris, V. Vicar.-gen.

Ib., n. 627.

Phillips,

Kirchenr,

Phillips,

c.,

p. 167.

vol.

iii.,

Novae

cap. x

Addit., n.

p. 167.

n. I, 2.
2.

so

M
ii.,

Phillips, Lehrb., p. 290

Infra n 528.

Cone.

PI. Bait.

II.,

n 72

Cfr. Craiss., n. 630.

M Ferraris, V. Ptaecedentia n
9

with Ecclesiastical Jurisdiction.

the time of their ordination or of their admission into the

diocese.

ART.

III.

Excesses Committed by Bis/tops or Prelates in the Exercise

Of

of their

A uthortty.

Of Appeals,

441. CJiief Abuses of Jurisdiction.

By

abuses of jurisdic

we mean, in general, the improper use

sent we shall speak only of those abuses
violate, at least to some extent, the rights

tion

of
of
of

At pre
power that

it.

others."

superior may abuse his authority chiefly: I. By usurping

jurisdiction over persons not under his authority v.g., over
38
the subjects of another bishop. 2. By extending his power

ad matcriam alienam

v.g., if a parish priest should attempt

to exercise the jurisdictio fori extend even over his own"
3. By bringing before his tribunal, in cases
parishioners.

not allowed by canon law, a cause which, in the

first in

have been tried by an inferior judge. 4. By

and
without
cause taking away or restricting the
unjustly
5.
rights of subordinates.
By imposing upon inferiors a
new burden without sufficient reasons v.g., by not observ

stance, should

38

ing the canonical mode of procedure in inflicting censures,

6. By appointing unworthy persons
in trials, and the like.
to parishes.
7. By unduly restricting the privileges of ex

"

empt persons,

especially of regulars.

40

Canonical Remedies by which Inferiors

may protect
themselves against Abuses of Authority committed by Prelates
I
These remedies are chiefly
Respectful remonstrances
443.

(humilis supplicatio) addressed to the superior himself who is

4!
of excesses. Thus, the Roman laws allowed of re
guilty

course

"

**

"

a principe male informato ad principem melius in

Craiss., n. 643.
Ib., n. 6, 10.

"

Ib.

"

Ib.

Ib.

"

41

Reiff.

lib. v., tit

Craiss.. n. 644.

xxxi., n.

Rights and Duties of

220

formatum," or,

tniente

ad

as the proverb has

vigilantem."

St.

Vested

tliosc

"

it,

Bernard

ab Alexandro dor-

tells

us that the

"

apos-

hoc habet praecipuum ut non pigeat retractare

a
forte
2. Appeals
se
deprehenderit fraude elicitum."
quod
tolica sedes

The

(appcllatio).

right of appeal

i.e.,

of

removing a cause

from an inferior to a superior judge or court for re-examina

tion is expressly granted by innumerable canons/ and is, ac
cording to canonists/ founded in the law of nature. Appeals
are of two kinds, judicial and extra-judicial, according as they
3

are interposed against judicial or extra-judicial grievances.

Judicial and extra-judicial appeals have this in common, that

both alike always produce a devolutive

effect (infra, vol.

ii.,

But

judicial appeals generally produce, besides a

devolutive, also a suspensive effect (infra, vol. ii., n. 1243),
while extra-judicial appeals do not always produce a suspen
n. 1242).

Recourse to tlie Holy See (recursus, siipplicatio}.

where
a person has either lost the right of
In cases (a)
appealing judicially or extra-judicially v.g., where he has
failed to interpose his appeal within ten days; (&} or where
sive effect.

3.

altogether forbidden by the law to appeal even in

devolutivo,v.g., where he is suspended ex informata conscientia

he

is

allowed, as a last resort and by way of equity, to lay

The chief
his case before the Supreme Pontiff for redress.

he

is

difference between appeals, judicial or extra-judicial on the

one hand, and recourse on the other, is this: Appeals, judi
cial and extra-judicial, can be made to the metropolitan
recourse, to the Holy See only.
4. Q. In what cases can appeals be made ?
;

/I /1

A. Generally speaking, it is allowed to appeal, except

where canon law expressly prohibits it, against any grava
45
It is even lawful to
men, whether judicial or extra-judicial.
appeal against future or impending extra-judicial grievances,
also against threatened
even though not yet threatened
All
whether
appeals,
judicial or extrajudicial injuries."
;

Epist. clxx.

45

Reiff.. lib.

ii..

43
tit

Crai?s., I.e.

xxvi

n. 32.

**

4S

Bouix,

De

Cfr. Bouix,

Judic., vol.
1.

c., p.

ii.,

252.

p. 247.

with Ecclesiastical Jurisdiction.

cJai, .Trust

jud

"

^entence

is

be

made

from the moment

days"

pronounced, when

from the time notice

ance,

within ten

221

is

the parties are present or

received of the sentence or griev
;

when

the parties are absent."

Cases which admit of no Appeal.

445.

We

said

except uhere canon law expressly prohibits appeals.

when

above,

Now,

appeals expressly prohibited by canon law?

in
these
cases: I. There is no appeal, but only re
Chiefly
5
course to Rome/ against sentences ex informata conscientia
are

that

is,

the

c.

where the bishop,

i.

and by virtue of

extra-judicially

d. R., sess. xiv., C. Trid., forbids a

person to re

ceive sacred orders, or suspends him from orders already

received
p. 498).
"

(<$,

The censures of excommunication, suspension,

and interdict, when inflicted before the appeal is interposed,
do not allow of appeals quoad effect um suspensivum, but only
2.

446.

quoad effectum devolutivum. Now, appeals in suspensivo are

those which cause the execution of the censure to be sus

pended or deferred

until the superior to

whom

the case

is

appealed has given his decision. Appeals in devoluttvo do

8
not suspend censures pending the appeal."
If, however,
the appeal is made before the censure is imposed, the effect
of the censure is thereby suspended.
Thus, let us suppose
"

a bishop to inflict a censure conditionally v.g., bv saying

that such or such a priest will be suspended unless he com

with certain injunctions

the priest, meanwhile, ap

to
the
and
refuses
peals,
obey,
bishop cannot proceed to
his
the
censure,
impose
power being suspended by the
plies

if

appeal.
447.
3. in causes relative to visitation and correction
of morals, an appeal
against the extra-judicial or
h"es

"

Cfr. Bouix, pp. 281-283.

Soglia,
*"

**

Cii.

1.

c., p.

525.

Cone. Trid.,

sess. xiv., cap.

i.,

Ferraris, V. Appellatio, art

d.

p. 254.

R.

"

IK,

vii., n. 5.

Craiss., n. 647.

lb., p.

25.

Bouix,

1.

c., p.

252

Rights and Duties of those Vested

222

paternal acts and sentences, whether final or only q

of the bishop, though only in devolutivo."
But
"

"

if

th

bishop proceeds judicially, or by regular trial, or imposes,

even though extra-judicially, not merely paternal corrections

but regular ecclesiastical penalties, such as perpetual suspen

sion, dismissal from parish, an appeal lies to the metropolitan,

even

"

"

in suspensivo."

the law

sible, unless

4.

is

An appeal against a law is inadmis

either,

I,

unjust, as

may

be the case

with particular laws, as statutes of dioceses, decrees of pro

vincial and national councils or, 2, ceases to bind by reason,
;

Appeals against diocesan

grave inconvenience.
statutes have but an effectum devolutivum"

g">

448.

No

5.

appeal

is

permitted against a sentence pro

nounced upon a person guilty of

3

notoriis),

except

fended

v.g.,

notorious crimes {in causis

crimes can be somewhat de

in case* these

a person, having publicly killed another,

6. Appeals in devolutivo
alleges self-defence as an excuse."
of
lie
bishops relative to the cura
only
against regulations
if

animarum, the administration of the sacraments, divine wor

ship, and those things which are to be observed or avoided
85
Mass.
in the celebration of the
are
allowed, not only in matters of
7. Appeals
449.
greater importance (in causis major thus), but also rn those of
bishop,
consequence (in causis levioribus). Hence, if
whether judicially or extra-judicially, inflicts by word or

little

action

a"

however

an injustice,

slight,

the

ecclesiastic

so

wronged may appeal to the metropolitan, who is bound to

admit the appeal. As a rule, this appeal suspends the effect
of the episcopal injunction. Bishops cannot proceed ex insave in the two cases specified by
formata conscientia
8. The
the Council of Trent (sess. xiv.. c. i. d. R.)
"

"

"

81

Infra, n. 555.

M Bened.
XIV., De
"

**
**

Bouix,

1.

c., p.

Syn.,

Bened. XIV., Bulla,

Bouix,

262.

p. 262.

Ad

Craiss., Elem., n. 325, 406.

lib. xiii.,

cap. v., n. 12.

Ferraris, V. Appellatio, art. iv., n. 57.

militantis Ecclesiae,

8, g.

with Ecclesiastical Jurisdiction.

223
T

the
phrase, ontni appellatione remota, sometimes used when
does
a
case
to
some
not
commits
one,
preclude
ap
Pope
peals in devolutivo, but only in suspensive ; & fortiori, this
clause does not prohibit remonstrances and other remedies.

Mode of

450.
88

rule,

who have

Rule I. All persons, as a

Appealing.
serious reasons for believing themselves

injured have a right to appeal their case. Rule II.

rally speaking, it is allowed to appeal from any

Gene
"

judge

We

whatever.

say, generally speaking; the exceptions are:

i. No appeal lies from the sentence of the Pope even to an
oecumenical council, nor from an oecumenical council for
;

both of these tribunals are ultimate and supreme, having no

superior.
Appellants to a future oecumenical council incur,

excommunication, reserved,

ipso facto,

speciali modo, to the

70
Holy See even

at present.
2. There is no appeal from the
decisions of the entire College of Cardinals or of the Con-

gregationes Romanae,

Rota Romana.
(arbitri

71

nor from the

Nor from

3.

the

final

judgments of the

decision of arbitrators

compromissarii) freely chosen by the

contending

parties."

As a rule, the appellant must interpose

appeal in the presence" of the judge a quo appellatur
for the judge a quo (appellatur) must be notified of the ap
451. Rule III.

"

his

"

he may not proceed any farther in the case. 76

452. Rule IV.
Appeals, judicial or extra-judicial, except
when made to the Pope, must be made from the inferior
7
Hence appeals, judicial or
judge to the immediate superior.
peal, so that

extra-judicial, I, from rural deans, or other judges subject

to bishops, must be made to the bishop or his vicar-general,
sede plena; to the
tfdf vacante.

2.

"

"

"

T*

Bouix, 1. c., p. 265.

Const. Apost. Sedis.
T4

Ib.

Bouix,

1.

c., p.

Ib.

270.

vicar, with us administrator,

the bishop or his vicar-general, and,

capitular"

From

M
Tl

Ib.

p. 248.

Craiss., n. 658.

Schmalzgr. in

TT

Ib., p.

271.

tit.

"

Ib.

p. 267.

Bouix,

xxviii,, lib.

1. c.,

ii.,

p. 268,

n. 4^.

Rights and Diities of those Vested

22/|

from the chapter, vicar-capitular, or admimstrator to the archbishop. 3. From the

archbishop successively
to the primate, patriarch, and Pope. 4. No
appeal lies from
the vicar-general to the bishop, nor from the Roman Con
sede vacante,

gregations to the Pontiff.

be made to the delegans

Appeals from a delegatus must

above, except when made
to the Pope ; for not
but
also priests and infe
only bishops,
:9
rior
ecclesiastics, may appeal directly to the Holy See
the
reason is that the Pope has concurrent
with
all
jurisdiction
inferior ordinary judges. 80
This right of appealing directly
81
to the Holy See is thus affirmed
by the Vatican Council:
Declaramus eum [Rom. Pontificcm] esse judicem
5.

We said

"

mum

supre

omnibus causis ad examen

fidelium, et in

ecclesiasti-

cum

spectantibus, ad ipsius posse judicium rccnrri ; Sedis vero

Apostolicae, cujus auctoritate major non est, judicium a

nemine fore retractandum, ncque cuiquam de

ejus licere
judicare judicio. Quare a recto veritatis tramite aberrant,
qui affirmant, licere ab judiciis

Romanorum

Pontificum ad

oecumenicum concilium tanquam ad auctoritatem Romano

Pontifice superiorem appellare."
Nay, direct appeals to the
Holy See are not only lawful, but prevail over and take pre
cedence of all other appeals to inferior tribunals. Thus, if,

of the

two

parties to a suit, one appeals to the Sovereign

Pontiff, the other to the immediate superior
v.g., the metro
suit or case

politanthe

must be brought before the Holy

Pope notifies the

See, provided the party appealing to the

immediate superior of his action. 82
453. Rule V.

Appeals from definitive sentences,

when

if

inter

the judge

is still on" the

posed intmediately i.e.,
bench (in continenti, stante pede) may be made viva voce in
i:he words, I appeal, or the like."
But if these appeals are

Bouix,

1.

c., p.

81

83

Sess.

iv., c.

Bouix,

De

iii.,

Soglia, vol.

271.

Forum

Leurenius,

Eccl.,

tit.

xxviii., lib.

in fine.

Judic., vol.

ii.,

i.,

p. 252.

qu. 1063.

Craiss., n. 661.
ii.,

p. 274.

Soglia, vol.

ii.,

p. 522.

with Ecclesiastical Jurisdiction.

intcrrallumi.e., one, two. or

225

more days

after the

sentence has been pronounced they must be in writing.

However, instead of making the appeal viva voce, or in writ
the journey
ing, as just explained, the appellant may begin
to the superior for the sake of appealing.
Thus, the voyage \
of
an
the
effect
to Rome has, of itself,
appeal, if undertaken

within ten days from the time sentence was pronounced or

the grievance inflicted, and provided \\\z judex a quo be notiThe reason why the journey
of the proposed journey/
fie^d
5

to
is

Rome

has the same effect as a formal and express appeal

s intentions more strongly than

that acts express a person

Consequently Pope Innocent III. expressly decrees

sit plus ad Sedem Apostolicam facto (i.e., itinere] pro-

words.

"Cum

vocare,

(cap. Dilccti filii 52, De App., ii., 28).

therefore, the law of the Church authorizes a\

quam

Whenever,

verbo"

person to appeal,
to

Rome

it

that very fact, to

empowers him, by

go

to prosecute his appeal.

f^iP This teaching is clearly laid down in the law of the

Revera Justus medi
Church. Thus Pope Nicholas enacts
ator (judex) non est, qui uno litigante et altero absente,
amborum emergentes lites decidere non formidat. His ita
"

praemissis, volumus et Apostolica auctoritate monemus, ut si_Presiytcr. de

quo

agititr,

post cxcominunicationem suam, Apostolicam

iter ejits impedire praesumat" (can.

Sedem
adire
^ ^ voluerit, nullus
_
^*~~
in-^^jL_^_^^__^ ^"Hgmaaf
12, c. iii., q. 9).
Pope Innocent III. (1213) decided a cele
"""""""""

""^fci__

brated case on the same principles. The case was this:

controversy had arisen between the Archbishop of Canter
bury and certain monks of his diocese in regard to a chapel.

The monks

sent

two

of their

number

Jo.

and H.

to prosecute their appeal before the Holy See.

monks, after they had set out for Rome, were

to

Rome

These two

excommuni

cated by the archbishop. The two monks submitted this

latter act to the Pope as an additional grievance against the
archbishop.
Pope Innocent III. decided that the excommu85

Craiss., n. 5981.

Rights and Ditties of those Vested

226

was

on the following ground: "Cum autem

facto provocare quam verbo,
et ipsis [monachis] propter dictam causam ad Romanam
Sedem venientibus intelligatur ad Sedem Apostolicam provocatum mandamus, quatenus si est ita, dictos Jo. et H.
nication

plus

sit

null

Sedem Apostolicam

ad

denuncietis excomrnunicationis vinculo non teneri

De

"

App., ii., 28). See also Const. Cordi

issued by Pope Innocent IV. in 1245 (cap. Cordi nobis

Dilcctifilii 52,

App.

in

6,

ii.

(cap.
nobis,
i,

De

15).

Rule VI.

Letters

(libelli dimisscrii,

apostoli,

from anocr-

roXoi, missi] from \hejudex a quo to i\\cjudex ad quern, certi

8
87
fying to the appeal, are, as a rule, necessary, no malfter

whether the appeal

made

against a judicial or extra-judi

grievance. We say, as a rule; for, if the jndcx a- quo re
fuses such certificate, the appellant
may nevertheless prose
cute his appeal. 88
is

cial

The time fixed by canon law within which ap

must interpose appeals, ask for the apostoli, prose
cute and terminate their appeal, is named
fajalcs**
\.
We have already seen u hcn appeals should be
fatalia.
made. 2. The apostoli should be solicited by the appellant
and granted by \hejudex a quo within thirty days. 3. One
Xar, and for just reasons l^ojjrears, are given the appellant
Rule VII.

pellants

<^><-

to prosecute and terminate his appeal,

well as judicial grievances. 80

from extra-judicial as

ART. IV.

On

Appeals

to the Civil

clesiastical Superiors

Power against Abuses committed by Ex

De appcllatione tanquam ab abusu.

Yheappellatio ab abusu consists in having recourse or

91
appealing to the civil power for protection against abuses
454.

committed by

ecclesiastical superiors in the exercise of their

Now,

jurisdiction."

*
90

Bouix,

1.

Bouix,

1.

c., p.

276.

ecclesiastical
Ib.,p. 277.

88

superiors
M

Ib.,p. 278

may abuse

Soglia, vol. ii.,p. 525.

"

c.,

pp. 281-285.

"

Craiss., n. 666.

Phillips, Lehrb., p. 773.

with Ecclesiastical Jurisdiction.

227

"

by placing a false construction upon

laws of the Church, and thus giving an unjust sentence and
9S
to
inflicting an undeserved penalty, or by acting contrary
ecclesiastical law
v.g., by imposing censures without pro
their authority either

trial.

per

455- Q- Is

it

allowed to appeal to the

redress in the civil courts against

clesiastical superiors

civil

power or seek

inflicted

wrongs

by ec

A. Such appeals are, as a rule, not only unlawful, but null

Thus Pope Symmachus forbids
and void.
quibuslibet
"

laicis

tibus

modo

quolibet

aliquid decernere de facultatitle of this canon is:

The very

ecclesiasticis."

in ecclesiasticis rebus
a principibus
9T
decreta inveniuntur, nullius auctoritatis esse noscuntur.
"

Quaecumque

"

For the Church, being a perfect and supreme society,

necessarily the supreme and, therefore, sole and ulti
mate judge in matters pertaining to her jurisdiction
98
in ecclesiastical and spiritual things.
The civil
i.e.
is

Church

from

far

so

power,"

having

any

over

authority

the

to her.
Persons,
reason to believe themselves in any way
unjustly treated by their ecclesiastical superiors, can seek
redress only in the Church herself namely, by appealing to
in

therefore,

this respect, is itself subject

who have

the proper ecclesiastical superior, and, in the last resort, to

the Sovereign Pontiff.
The Holy See is the supreme tri

bunal in the Church

decisions are unappealable, as

its

I0

thus stated by the Vatican Council

Sedis Apostolicae judicium a nemine

"

neque cuiquan: de cjus licere judicare

therefore, is it allowed to appeal to
decisions of the

Holy

See.

certain circumstances, to
84

"

98
100

Phillips, Kirchenr., vol.

Can. Btne quidem,

Cfr.

Bouix,

Sess.

iv.,

De

cap.

i,

dist

iii.

cfr.

is
.

retractandum,
In no case,

civil

courts from the

But can it become lawful, under

have recourse to the civil courts
95

"

96.

Judic., vol.

fore

judicio."

p. 572.

ii.,

Docemus

Cap. Quaker,

Soglia,. vol.
17,

p. 342.

i.,

De Judic.

(lib.

"

i.,

p.

93 seq.

Syllab., prop. xli.

Craiss.,

n,

667.

ii.

Deer.)

Rights and Duties of those Vested

228

against irmrieL inflicted by inferior ecclesiastical judges101

grants that such recourse may,
Soglia
T.g.j by bishops?
102

become

at times,

lawful,

when,

appeal v.g., metropolitan is

ford relief, and when, moreover,

<of

recur to the Holy See

rather than practical.
^HT"

Can

456. Q.

the ecclesiastical judge

unwilling or unable to af

e.g.,

morally impossible to

is

it

the case, therefore,

is

speculative

United States have re

priests in the

courts for redress against alleged acts of

them by bishops or against other ec
on
inflicted
injustice

course to the
clesiastics

We

A.

civil

which are

must distinguish between those matters or causes

strictly ecclesiastical, and those which are tem

poral or mixed. By matters purely ecclesiastical (res stricte

ecclesiasticae) are meant all questions or matters relating (aj
to faith, (b] morals, (c) the administration of the sacraments,
especially of matrimony, (//), the sacred functions or divine
worship, (e), and the rights and duties annexed to ecclesias
tical

offices

103

and

dignities.

All other matters, such

those relating to debts, wills, rights of property and the

are considered res temporales.

We now answer
astical, as is
101

L.

105

Of course,

c.

p.

They cannot,
evident, among other
:

in

matters

as

like,

strictly ecclesi

proofs, from the Instruc-

344.

must not be understood, as though, even in the case

were allowed to carry the cause itself into the civil

this

tinder consideration,

it

court; for canonists

unanimously hold that the

civil

power cannot, save by

concession of the Church, take any cognizance whatever of purely ecclesiastical

matters.
Hence, even in the case referred to, it is lawful to have recourse to
civil

tribunals only for the purpose of obtaining a

new

ecclesiastical trial or of

being enabled to appeal to the higher ecclesiastical judge; and even this appeal
can take place only where the ecclesiastical superior has notoriously abused
his power,

and when

Cfr. Phillips,
i

pp. 23. 32, pars,

103

all

other ecclesiastical remedies have been vainly tried.

Kirchenr., vol.
ii.,

ii.,

pp. 25-40.

Bened. XIV., De Syn.,

1.

pp. 571-579; Nat. Alexander, saec.

iv.

pars,

Paris, 1679.

9, c. 9, n. 2.

104

Ib., n. 7.

with Ecclesiastical Jurisdiction.

229

tion of the S. Congr. de Prop. Fide, Sept. 2, 1837, on the

decrees of the Third Provincial Council of Baltimore.

1 "

We
eral

say, in matters, etc. It is true that according to the gen

law of the Church, as formerly in force, ecclesiastics

have recourse to secular tribunals

106
But
against other ecclesiastics, even in temporal matters.
this general law no longer obtains, having been modified by

were not allowed

to

concordats, or by custom to the contrary. Hence, as the

S. C. de Prop. Fide in the above Instruction indicates, ec
clesiastics or religious are

no longer forbidden to bring be

i.e., those causes where

fore the civil courts causae mixtae

the personae sunt ecclesiasticae sed res de quibus controversial

This holds especially, as the
est, tcmporalcs ant fainiliares.
S.

Congregation says,

in the

above Instruction,

in

non-Catho

where redress can scarcely be obtained outside

However, according to the declaration of
the 5. Congr. S. Officii, Jan. 23, ^886, approved by Pope Leo
XIII. ecclesiastics and others must always obtain leave from
lic

countries,

of civil tribunals.

the Hol^_See_ before they can have recourse to the secular

court against a bishop, even though it be in teragura] mat
ters.

Having seen how it is forbidden to sue bishops in

we may be permitted to digress somewhat
from our subject, and to ask Can priests and ecclesiastical
J^gF"

secular courts,

general sue other ecclesiastical persons, inferior

persons
We answer: I. They certainly
to bishops, in secular courts ?
in
matters
ecclesiastical.
This is manifest
cannot,
strictly
in

from what has been said above.

matters

but before doing

so,

from the bishop.

fjgf This whole teaching

2.

They

lowing Declaration of the S. Congr. 5.

106

See

this

Supra,

temporal

as regards suing bishops

inferior ecclesiastics in secular courts is

105

can,

they must obtain permission

given

Officii,

in the

fol

Jan. 23, 1886:

Instruction in the Cone. Prov. Bait., ab an. 1829-1849,

n. 206.

and

p.

140.

Rights and Duties of those Vested

230
"

S.

Suprema Congr.

R. et U.

J.

non semel declaravit caput

IX.) non afficere nisi legis

cogentcs (Const. Apost. Sedis Pii

lator cs et alias auctoritates cogentes

sive directe sive indi-

recte judices laicos ad trahendum ad suum tribunal personas

Hanc vcro
ecclesiasticas praeter canonicas dispositiones.

declarationem SS. D. N. Leo Papa XIII. probavit

rirmavit.

Ceterum

in

et con-

fori

locis, in

quibus
Pontinces derogatum non fuit,

summos

legio per

iis

priviin eis

si

nisi apud judices laicos, tenentur

a
proprio ipsorum Or dinar io veniam pet ere ut clersinguli prius
icos in forum laicorum convenire possint
eamque Ordi-

non datur jura sua persequi,

narii

nunquamdcnegabunt,

turn

maxime, cum ipsicontroversiis

inter pa rtes conciliandis frustra operam dederint.

Episcopos
autem in id forum convenire absque venia Sedis Apostohcae

non

Et

licet.

quis ausus fuerit trahere ad judicem seu

si

judices laicos vel clericum sine venia Ordinarii,vel Episcopum

sine venia S. Sedis, in potestate eorundem Ordinariorum erit
in

eum, praesertim

animadverterc poems

si fuerit clericus,

et cen-

suris ferendae sententiae uti violatorem privilegii fori,

expedire

in

Domino

si

id

judicaverint"

f^iP In accordance with this declaration, the S. Congr.

de Prop. Fide, in a general meeting held May 17, 1886, in
answer to the question

"

quinam modus tenendus

sit

cum

sacerdotibus qui recurrant ad civilia tribunalia," answered as

Declarat S. Congregatio nunquam sese fore admisfollows:
"

surum recursum

vel appellationem

sacerdotum qui ad judices

laicos trahere ausi fuerint vel clericum sine venia Ordinarn, vel

Episcopum sine venia Apostolicae Sedis, sive in causa ecclesiastica sive non, nisi prius recursum ad civile tribunal interpos-

itum deseruerint.
cogentes a

Suprema

Episcopi vero juxta declarationem capitis

Inquis., die 23 Januarii, 1886 editam, pos-

poenis et
censuris ferendae sententiae, maxime suspensions a divinis,
servatis tamen servandis et pro gravitate causae, si id ex
pedire in Domino judicaverint. Quod si venia convenient!!

sunt

in

praedictum

clericum

animadvertere,

with Ecclesiastical Jurisdiction.

in

forma laicorum ab Ordinariis petatur,

denegabunt

maxime cum

turn

Prop.

operam

dederint."

Furthermore, to the above answer, the

Fide, in a

general meeting held Sept.

to the question,

dunt

laicis

laici

loco

"

earn

nunquam

ipsi

ipsi controversiis inter partes

107

conciliandis frustra
I3P"

231

6,

Quomodo agendum cum

S. C.

de

1886, replying

qui ce-

clericis,

jura sua erga alios clericos vel Episcopos, ut ipsi

laicum," added the

eorum recurrant ad Tribunal

Quod volens Ecclesiasticus sua jura

following declaration
cedere laico in quaestione aliqua contra clericum, exposcere
debet prius veniam ab Episcopo, et si de lite agatur contra
"

Episcopum, ab Apostolica Sede.

Quod

nisi faciat vel obti-

neat, subjectus censetur praescriptionibus emanatis contra

trahentes clericos vel Episcopos ad forum laicum censetur
;

fraudem legis." 109

The Third Plenary Council of Baltimore

enim agere
|5Jir"

cord with

in

this

legislation.

tricte iisdem (sacerdotibus)

Thus

decrees

it

is

in full ac

Dis-

"

(n. 84)

prohibemus,ne contra sacerdotem

vel clericum de rebus ctiani temporalibus coram judice civili

litem intentent, sine permissione scripto expressa ipsius Episcopi.

...

In rebus vero ecclesiasticis

judicium non pertinet,

"

ad jurisdictionem ecclesiasticam
fuller information on this whole question see the
learned testimony of Cardinal Cullen in the O Keeffe trial,
nisi

For

pp. 390, 391, 397.

Syn.,

1.

See especially Pope Benedict XIV.,

De

9, c. 9.

The Third Plenary

Council

(n.

84) further adds:

"

Om-

nino vetamus, ne contra laicum de pecunia pro sedium locatione vel alia de causa ecclesiae debita coram tribunali
civili

(sacerdotes) agant, nisi accepta prius in scriptis episcopi

ticentia."

101

See Mgr.

108

Apud

Zitelli,

Zitelli,

Appar. Jur. Eccl., pp. 217, 218

Appar.,

p. 546.

Romae,

1886,

PART

III.

OF PERSONS PERTAINING TO THE HIERARCHY

OF JURISDICTION IN PARTICULAR i.e., OF
ECCLESIASTICS AS VESTED WITH JURISDICTIO ECCLESIASTICA IN PARTICULAR.
"

"

CHAPTER

I.

OF THE SOVEREIGN PONTIFF.

ART.

Of
457.

1.

the

Roman

The Sovereign

which means

father.

I.

Pontiff in General.
Pontiff

This name

named Pope

is

is

(Papa),

at present applied to

Roman Pontiff only, and not, as formerly, to bishops,

and even minor ecclesiastics." The Supreme Pontiff is, jure
divino, head of the entire Church and the centre of its unity,
successor of St. Peter, vicar of Christ, father and teacher of
II. We have already spoken of the election
all the faithful.
of the Roman Pontiff, and shall here add only a few words
Some
on this point. The Pope cannot elect his successor.

the

Popes,

it

is

true, pointed

out those

most worthy of tne Pontificate;

they thought
however, was comestablish the form to

this,

The Pope may

mendatio, not electio?

whom

be observed in the election of the Supreme Pontiff, for no

special form was determined by Christ but he cannot, even
;

Craiss., n. 671.

Ferraris, V.

Papa

"

Devoti,
rt. i.,

n.

lib. i., tit. iii., n. 12.

Ib., n. 13.
Ib., n.

i.

232

ra

Of

the Sovereign Pontiff.

233

with the consent of the cardinals, issue a constitution

powering a

Pope

to elect his

Not merely

successor."

em

cardi

but others, even laymen, are eligible to the Pontifi

cate, though since the time of Urban VI. cardinals only have
been elected.
III. The Pope always wears the stole (oranals,

he

wears the tiara i.e., a hat or mitre

encircled with three crowns, as an emblem of his supreme
10
He does
magisterial, legislative, and judicial authority.
not make use of the crosier, as the curved staff denotes limi
riuni) ;

tation of

also, at times,

11

"

Again,

power.

solus

Romanus

Pontifex, in mis-

sarum solemniis

Others
pallio semper utitur et ubique."
entitled to the pallium can wear it only on certain days, and
in their churches, but not out of them, because they are
called only in partem sollicitudinis, non in plenitudinem potestaThe cross is borne before 13 the Pope wherever he

tis.

goes

others, even patriarchs, cannot

make use

of this privi

Rome

or where the Pope may be. Moreover, the

Pope usually carries the Blessed Sacrament with" him
when on long journeys. In the following articles we shall

lege in

treat of the

primacy and the rights attached to

ART.

On

the

it.

II.

Primacy of the Sovereign

Pontiff.

Nature of the Primacy conferred by God upon the Pope

Primacy or supremacy, in general, is of two kinds one of
458.

The primacy of honor

honor, the other of jurisdiction.
which
a person holds the first
is
that
(primatns honoris)
by
having any authority over others. The pri
macy of jurisdiction (primatns jurisdictionis) is that by which

place, without

Fenaris, V. Papa,
*
11

art.

i.,

Phillips, Lehrb., p. 206.

Walter, Kirchenr,

124.

Ib.,

Ratisbon, 1871.
ia

Cap. de Sacr. Unct.

n. 12.
*

Cap. ad Honor, de Auctoritate

Bonn,

14

1839.

n 46-49,

Craiss., n. 673.
et

Usu

Craiss., n. 673.

10

Ib,

Pallii.

Of

234

the Sovereign Pontiff.

a person not only takes precedence of others, but has au

13
The primacy, as vested jure divino in
thority over them.

Roman

the

pre-eminence both of honor and

over the whole visible Church, and consists
supreme ordinary and immediate power to
rule over the whole Church
pascendi, regendi ac guberPontiff, is the

of jurisdiction
in the full and

16

I7

"

nandi universalem E,cc\esizim plena potestas"

459.

Institution

We

of the Primacy.
"

The Roman

lay down the fol

Pontiff has received

lowing proposition
from God (jure divino) not only the primatns
:

VJ

also

20

jurisdictionis over the entire

honoris, but

This

Church."

is,

at

The proposition has two parts the first

present, de fide.
egards the institution of the primacy, and asserts that the
:

the primacy of jurisdiction

this is
Richer
and
the
who
maintain
that
Jansenists,
igainst
Christ first and directly gave jurisdiction to the entire
23
Church, or the body of the faithful, by whom it is dele
24
gated to the Pope and the
bishops. The second has refe

?ope

has, jure divino,

"

rence to the nature of the primacy, and is chiefly against

the Greek schismatics, who assert that the Roman Pontiff
has only the

primatum

We

and

honoris,

now proceed

but the

is

first

among

to

prove simultaneously both

the
above
as follows
of
Peter and his
proposition
parts
successors received from Christ the primacy, not only of
equals.

honor, but also of jurisdiction over the whole Church but

the Roman Pontiff is the successor of Peter, therefore the
Roman Pontiff holds from Christ the primacy not only of
;

honor, but also of jurisdiction over the universal Church.*

460.
prove the major as follows I. Peter received thi

We

14
17

Phillips, Lehrb., p. 170.

Phillips,

1.

c.

!0
(

p. 170.

Cone. Vaticanum,

menta,
"

Perrone, De Rom. Pontif., cap. i.

w Cone.
Vaticanum, sess. iv. cap. iii.

Craiss., n. 674.

18

21

sess.

iv.,

cap.

iii.,

n. 339.

Cfr.

Perrone,

1.

c.

*4

Sogha,

vol.

Craiss., n. 675.

Craiss., n. 676; Craiss., Ele

cfr.

Cfr.

our Notes,

p. 39.

"

i.,

170.

Salzano,

1.

c.,

vol.

ii.,

p. 62.

Of the

Sovereign Pontiff.

235

This we prove, I, from

primacy from our Lord Himself
Sacred Scripture.
Our Lord said to St. Peter
Tu es Petrus, et super hanc petram aedificabo Ecclesiam meam, et
"

Here
portae infer! non praevalebunt adversus earn."
Christ compares his Church to a material edifice and -Peter
"

Now.

to its foundation.

head

the foundation

to the

is

house what

to the body. Our Lord, therefore, made Peter the

of his Church i.e. conferred upon him the primacy

the head

is

of jurisdiction over the entire Church. For the head

governs the body, as the foundation supports the building."

Hence Pope Leo

"

I.

says

Ut exortem

se mysterii

geret esse divini, qui ausus fuisset a Petri

Hunc enim

dere.

id

quod

intelli-

soliditate rece-

ipse erat, voluit nominari,

dicendo, TuesPetrus,etc., utaeterni aedificatio templi

Petri

in

soliditate

Again, our Lord said

consisteret."

Tibi dabo claves regni coelorum."

Now, among nearly
all nations, especially the Jewish, the giving of the keys of a
house or city was the symbol of the bestowal of full control
1

"

Hence, our Lord, by these words,

promised to confer upon Peter full that is, supreme
power over the kingdom of heaven i.e., the Church.
After his resurrection our Lord fulfilled this promise in

over such house or

city.

31

words addressed

these

pasce oves

to St.

Peter:

"

Pasce agnos meos,

show

Exegetists

meas."

that in the

Sacred Scriptures the word

ordinary language
33
pascere (rtoi^iaiveiv) means to govern.
Again, to feed sheep
is to lead them to fertile
pastures, guide, watch over, and
in
a
them
word, to have complete charge of
protect
of

the

them.
sheep

34

Our Lord,
that

is,

therefore, in charging Peter to feed his

the entire

M First
part of the major.
* Perrone, 1.
c., prop.

Church conferred
"

Matth.,

31
1.

c.
33

30

Jo. xxi., 15-18.

34

S ilzano

1.

c.,

vol.

ii

p. 63.

18.

Can. Ita Dominus,

i.

30

Matth. xvi

upon him the

Perrone,

I.

c.

7,

dist. 19.

Craiss., n. 675.

Phillips Kirchenr., vol.

i.,

p. 114.

the Sovereign Pontiff.

Of

236

supreme teaching and governing power over the whole

Church. 35 Thus St. Bernard/ addressing Pope Eugene III.,
Tibi universi crediti, uni unus nee
beautifully writes:
modo ovium, sed et pastorum tu unus omnium pastor."
6

"

"

se

From the Council of the Vatican :

Si quis dixerit, B. Petrum apostolum a Christo Domino constitutum non esse
"

2.

apostolorum omnium principem

et totius

Ecclesiae mili-

eundem honoris tantum, non autem

caput
verae propriaeque jurisdictionis primatum ab eodem D. N.

tantis visibile

vel

Jesu Christo directe et immediate accepisse anathema

is jure dwino per
II. The primacy of blessed Peter
;

sit."

petual,

and must,
This

Peter.

is

therefore, pass to the successors of St.

40
that the primacy
evident from the fact

was not instituted

for the personal benefit of Peter, but lor

the welfare of the entire Church
i.e., for the preservation
4i

of her unity

both

in faith

and communion.

461. The minor- namely, the Roman Pontiff is the suc

cessor of St. Peter is thus denned by the Vatican Coun
43

cil

"

Si quis

ergo

dixerit,

non esse ex ipsius Christi

Dm

institutione, seu jure divino, ut B. Petrus in primatu super

universam Ecclesiam habeat perpetuo successores aut Romanum Pontificem non esse B. Petri in eodem primatu suc;

cessorem

show

anathema

sit."

Protestants strain every nerve to

Peter either never came to

that

Rome,

or,

having

that, conse
again, as he did Antioch
the
Roman
Pontiffs
are
not
the
of St.
successors
quently,
Peter.
brief outline of Peter s life alter our Lord s ascen

been there,

left it

how

sion will demonstrate

untenable and indefensible are

Peter remained in Judea nearly four years

he then went to Antioch,
after his Master s ascension
these assertions.

which he governed seven years as bishop. In the eleventh

year after our Lord s Passion he repaired to Jerusalem, wai
**
37

39

Cfr. Soglia,

1.

Cfr. Phillips,

c.,

vol.

38
i

p. 141.
3B

1.

c., p.

117.

Second part of the major.

41

40

"

Soglia,

1.

c.,

p 173.

Lib
Sess.
Cfr.

ii.,

c.

iv.,

8.

cap.

i.

Cone. Vatican.,

Sess. iv., cap.

ii.

1. c.,

cap.

ii..

Of

the Sovereign Pontiff.

237

there imprisoned by Herod, but liberated by an angel. In

In the seventh year of his
the same year he went to Rome.

sojourn in Rome an edict was published by the Emperor

Claudius exiling all Jews residing in Rome. Consequently,

Peter returned to Jerusalem, where he attended the Coun

Upon the death of Claudius the apostle returned to

cil.

Rome, and thej-e

Nero s reign,

suffered

of

martyrdom

in the fourteenth

year

having governed the see of Rome

The fact that Peter was in Rome is at

after
43

twenty-five years.

by Papias, a disciple of the apostles by Tertullian

44
by Hegesippus in the second century by St. Jerome, who
tested

explicitly writes that Simon Peter, after presiding over the

See of Rome for twenty-five years, was there crucified

juxta viam Triumphalem."

the
witJi
the See of Rome.
It is a
Union
462.
Primacy
of
that
the
doctrine of divine revelation
primatus jurisdictions
"

capite

inverso,"

and buried

"

"

by divine appointment, not by the will of Peter or the

Church, inseparably united to the See of Rome. We say, it
is a doctrine of divine revelation;
for, though formerly an
open question, at least according to some, it is at present
undoubtedly de fide, having been thus defined by the Vati
can Council
Docemus, Ecclesiam Romanam, disponente

is

"

"

Domino, super omnes

alias [ecclesias], ordinariae potestatis

47

obtmere

principatum."

Pius IX. has therefore deservedly

condemned the following proposition

that the Supreme Pontificate should be

"

Nothing forbids

transferred from the

Roman

bishop and city to another bishop and another

State."
But, it may be objected The primacy, when first
instituted by Christ, was personal i.e., attached to the person
4

"

of Peter

not local

or bishopric.
41
**

*T
**

Salzano,

1.

c., lib. ii.,

Our Notes,

not annexed to any particular place

objection does not hold for the pri-

i.e.,

The

pp. 63, 64.

**

**

p. 41.
**

Cfr. Craiss., n. 677, in fine.

Ferraris, V. Papa, art.

ii.,

n. 74.

In Catal. Script. Eccl. in Petro

Sess.

iv..

cap.

iii.

Syll., 1864, prop.

xxxv.

the Sovereign Pontiff.

Of

238

macv was indeed personal

attached

i.e..

f.o

the

r iOn

of

non tamen ut Petrus erat persona prive.ta, sed ut

et ex tune fuit [primatus] jussu Christ! etiam
fub^ica;
seu
certo loco, Romanae IVoi nimirum affixus
iocalis,
Peter

"

adeoque non ex voluntate

ex voluntate et jussu

primatus Ecclesiae annexus Episcopatui Ro

it be
objected that the Popes may trans
the Papal See to some other city, as, in fact, they did

Christi

fuit

Nor can

mano."

fer

Petri, sed

it to Avignon
wherever he may be,

transfer

for nbi Papa, ibi

Roma

the Pope,

and remains Bishop of Rome.

is

it avail to
say The city of Rome may
lor Rome, as a city, may perhaps
be totally destroyed
62
perish, but Rome, as a see, is imperishable.
The principal
463. Form of Government of tlic LJnircJi.

Finally, neither will

forms of government are the monarchical, the aristocratic,

63
I.
and the democratic or republican.
C/iief errors on this

Luther and Calvin assert that the Church has a

democratic form of government, her supreme power being
04
in the
hands of the people or laity. 2. The Greek schis
matics, and the body of Protestants called Presbyterians,
maintain that the Church has an aristocratic" form of
point.

i.

government, the supreme power, according to the former,

being vested in the bishops according to the latter, in the
presbytery. 3. Bossuet held that the Roman Pontiff was in
M
ferior
to an oecumenical council, and that the legislative
;

power in the Church lay conjointly in the hands of the

Pope and of the bishops. This opinion is at present hereti
cal.
The two preceding theories are also heretical. II.
I.
No small number of Catholic theologians,
Correct view.
"

headed by the illustrious Cardinal Bellarmine, hold that the

Church is a monarchy, tempered, however, by aristocracy,
6

"I.e.,

"

the primacy attached to Peter, not as

"

Ferraris,

1.

Salzano,

1.

c., lib.

"

"

Ib.. p. 26.

n. 75
i.,

cfr.

Soglia, vol.

p. 22.
7

Ib.

a.

private bat public person.

6i

i.,

p. 178.

Ib., p. 23.
""

Ib., n. 78-80, 8l

66

B1

Cfr. Devoti,

Ib., p. 24.

Prolegom.,

n. 16-20.

Of

the Sovereign

239

Pontiff.

the sense, namely, that bishops rule in the Church jure

to rule by the Holy Ghost, but not by
proprio, being placed
59
that bishops are
2. Others admit
the Roman Pontiff.
in

to rule in the Church

yet, as
placed by the Holy Ghost
to the Pope, it follows
they are placed to rule Subordinately
;

00
The difference
Church is an absolute monarchy.
between these two opinions seems to be verbal rather than
Both admit that the supreme power in the Church is
real.

that the

vested in a single ruler the Roman Pontiff and that there

fore the Church is a monarchy as to the form of govern
01
ment according to Craisson, this is dc fide.
;

464. Q.

him

as

Are

all

the actions of the

head of the Church

Pope performed by

A. They are not. For the Pontiff may sometimes act,

not as the Vicar of Christ, but as the Patriarch of the West,
to other patri
exercising only those rights which appertain
of Italy, or
Primate
archs.
Again, he may act only as the
or merely as Bishop
Metropolitan of the Roman Province,

Has the Sovereign Pontiff "jurisdictio

of the city of Rome.
immediata" over the entire Church?
premise: i. Ac
-

We

"

cording to Febronius and

many

Gallicans,

Pontifex ordinarie, invitis episcopis,

non potest

S.

consueta episcoporum

exercere, quia non est pastor

in alienis dioecesibus immediatus, sed tantum mediatam habet
M
to these

munera

in

eorum dioecesibus

writers, ///radfoAccording
M
exercised
be
can
which
tio mcdiata is that
only in certain
cases determined by canon law v.g., when bishops neglect
85
on the other hand, jurisdictio immediata is
their duties
cs
or his delegates not
that which is exercisible by the Pope
We now answer
in case of necessity, but constantly.

in iis jurisdictionem."

only

directly
"

Cfr. Phillips, Kirchenr., vol.

"Bcned."

91
"

Pontiff has direct or immediate, not

The Roman
XIV., De Syn.,

lib.

oc
i.,

ii.,

p. 251.

cap.

i.

cfr.

"

Salzano,
Devoti,
4

Ap. Craiss., n. 6So.

our Notes, pp.

Cir.

"

41, 42.

1.

c., p.

lib.

i.,

27.

lit. iii.,

Cfr. Soglia, vol.

Cfr Tarqu.,
-

N. 675.

n. 21.
i.,

p. 113.

p.

180

Of

240

the Sovereign Pontiff.

merely mediate, authority over the whole Church. This is

ei
thus defined by the Vatican Council
Si
fide" being
Pontificem
non habere plenam et
quis dixerit, Romanum
in
universam Ecclesiam,
potestatem
jurisdictionis
supremam
aut hanc ejus potestatem non esse ordinariam et immediatam
de

"

omnes aut

sive in

singulas ecclesias, sive in

los pastores et fideles,

sit."

the resignation must be

of Cardinals, whose exclusive privilege

A.

et singu-

Can the Pope abdicate?

465. Q.

He

anathema

omnes

can

made
it is

to the Colle^
to elect the suc

cessor.
466.

Q. Is a

Pope who

jure, of the Pontificate

falls

into heresy deprived, ipso

i.
There are two opinions: one holds that h is,
of
divine appointment, divested, ipso facto, o r the
virtue
by
the other, that he is, jure divino, only remov
Pontificate

A.

Both opinions agree 7C that he must at least be

declared guilty of heresy by the Church
by an oecu
able.

z>.,

menical council or the College of Cardinals. 2. The ques

tion is hypothetical rather than practical."
For although,
to
the
more
the
probable opinion,
according
Pope may fall
into heresy and err in matters of faith, as a private person,"
yet it is also universally admitted that no Pope ever r id fall
into

heresy,"

even as a private doctor.

47

Cfr. Craiss ., n. 680.

69

Ferraris, V. Papa,

ri

art.

M
ii.,

Phillips, Kirchenr., vol.

"

Fertaris,

1.

c., n.

62-66.

n. 36.

i.,

pp. 277, 274.

Genuae, 1768.

ro

Sess.

iv.,

cap

Craiss., n. 68
Ib., p. 877.

iii
.

CHAPTER

II.

ON THE RIGHTS AND PREROGATIVES OF THE ROMAN

SECTION
Rights of the

Roman

Rights of the

I.

Pontiff in

ART.

PONTIFF.

"

Spiritual Matters?

I.

Roman

Pontiff t licit flow "immediately" from his

or
Primacy
Supremacy over the entire Church ; his Infalli

bility

and Supreme

Legislative

Mode of Determining

467.

macy of
bronius)

the Pope.

I.

tJie

A nthority,
RigJits

annexed

to the

Pri

Nicholas de Hontheim (Justinus Fe-

erroneously divided the rights contained in the

supremacy of the Roman

Pontiff into essential (jura essen-

primigenia] those, namely, which were conferred

2
upon the Roman Pontiffs by our Lord himself, and there
fore exercised already in the first centuries of the Church
tialia,

and into accidental (jura accidcntalia, advcntitia, secundaria^

accessoria, humana)*
i.e., those which originally, i.e., in the
first seven centuries of the Church, were
exercised by
and
but
which
were
afterwards,
bishops
provincial councils,
chiefly through the ambition of Popes, and by means of the
Isidoran decretals, annexed to the primacy. According to
Febronius and his school, the primacy may exist in fact,
In this radically
has existed without the jura accidentalia.

wrong
1

division the exercise of the

Phillips, Lehrb., pp. 171, 172, n.

Phillips, Kirchenr., vol.

v.,

power inherent

I.

202, pp. 21-34.

Cfr. Soglia, vol.

in

i.,

p.

the
183

On

242

and

the Rights

Prerogative*
4

Papal supremacy
former,

it is

true,

confounded with the power itself. The

varies according to circumstances but the
is

and always has been, the same. II. Some Catholic

canonists distinguish between the various rights of the
primacy according to the threefold power which Christ
bestowed upon His Vicar on earth namely, the potcstas
latter

is,

"

et jurisdictionis or imperil.
Others,
the
of
the
divide
to
follow,
primacy
rights
prefer
those which flow immediately and those which flow

ministerii,

wagisterii,

whom we
into

mediately from the

Now,
supreme power of the Pope.
what rights emanate immediately or directly from the pri
macy ? Those which are attached to or contained in the
primacy in such manner as to be the foundation of various
other rights, which latter, being based upon the former, are
named mediate rights. Now, the immediate rights of the
Papal supremacy are these two infallibility and supreme
For the Pope is the centrum necessalegislative authority.
:

rium

totius

communionis CatJwlicae ; this

the unity of the

de

is

Now,

fide."

Church

faith (in unit ate fide i

),

consists chiefly, I, in the unity of

inasmuch as all the faithful, professing

the same faith, constitute but

one Church; 2, in the unity

of charity (in unitatc caritatis, communionis), by which is
meant the submission of the faithful to their bishops, and of
10

the bishops and people to the Pope.

Now, if the Pope be
the centrum unit at is fidei, and therefore charged with the

preservation of unity in matters of faith and morals, he must

be infallible if he is the centrum unit at is communionis, and
;

therefore commissioned to enforce unity in matters of disci

pline, he" mast have legislative authority, supreme and uni
versal.

12

Ib

Phillips, Lehrb., p. 172.

p. 171.

Salzano.

lib. ii.,

Cone. Vaticanum,
*

Soglia, vol.

Craiss., n. 684.

pp. 68-70.
sess.

iv.,

cap.

iii.,

iv.
10

i.,

Cfr. Salzano,

p. 177.
"

1.

c., p.

69 seq

cfr.

Craiss.,

1.

c.

Cfr Cone. Vaticanum,

Our Notes,

p. 41.

1.

cap.

iii

of the
I.

468.

Roman

of the
the centrum

Infallibility

Sovereign Pontiff
vested with

is

infallibility, is

243

Pontiff.

Roman

That the

Pontiff.

itnitatis fidei,

amply proved

and therefore

dogmatic theo

in

and
the proofs are taken from Sacred Scripture
logy
here
content ourselves
trad-.tion.
by giving the defini
"

We

tion of the

Oecumenical Council of the Vatican

nos traditioni a

"

Itaque
Christianae exordio perceptae fideliter
Salvatoris nostri gloriam, religionis

fidci

inhaerendo, ad Dei
Christianae exaltationem, et poputorum Christianorum salutem, sacro approbante Concilio, docemus et divinitus reve-

latum

Romanum

esse definimus

dogma

cathedra loquitur

id

est,

(a)

apostolica auctoritate,

(c)

cum ex

cum omnium Christianorum

munere fungens,

pastoris et doctoris

Pontificem,

(b}

doctrinam de

pro suprcma sua

moribus (d f

fide vel

ab universa Ecclesia tenendam definit, per assistentiam divinam, ipsi m B. Petro promissam, ea infallibilitate pollere.

qua divinus Redemptor Ecclesiam suam in definienda doctnna de fide vel morum instructam esse voluit ideoquc
ejusmodi Romani Pontificis definitiones ex sese, non autem
ex consensu Ecclesiae, irreformabiles esse. Si quis autem
;

huic nostrae definitioni contradicere, quod Deus avertat, praeIt is therefore de fide, at present,"
sumpserit, anathema
sit."

Roman

that the

Pontiff,

when speaking ex

catJiedra, is in

fallible.

Q.

469.

When

Roman

does the

Pontiff speak ex

ca

thedra ?

He

speaks ex cathedra, and is infallible of himself i.e.,

independently of the consent of the Church i, when ns

A.

Pastor and

Head

of the Church, and by virtue of his supreme

apostolical authority, 2, he proposes to the entire Church,
3,
any doctrine concerning faith and morals, 4, to be
u Matth
14

Sess.

xvi.

iv.,

Jo. xxi.

cap.

iv.,

Luc. xxii.

in fine

cfr.

Salzano,

1. c.,

p. 71.
1&

Cfr. Craiss., n. 686.

On

244

Rights and Prerogatives

the.

These conditions only

believed under pain of heresy."
are required for the validity of Pontifical decisions ex cathe
dra.
Others are requisite for the licitness of such defini
thus, the Pope, before giving an ex cathedra definition,
should maturely examine into the question to be defined and
tions

consult with the cardinals

spired,

by the

for

he

is

assisted, not in

merely

Holy Ghost when giving

a definition ex

Catholics are bound to assent to these defini

tions, not only externally, but also internally or mentally."
Moreover, the primary or chief proposition of a definition
must be distinguished from propositions that are merely in
^cathedra."

arguments alleged by the Pope in sup

The Pope is infallible only in the
the
definition.
port of
definition proper, not in the proofs alleged incidentally.
cidental, such as the

470.

We now come

Legislative AutJiority of the Pope.

II.

to the second prerogative directly annexed to the primacy.

The Sovereign Pontiff, as the centrum mutatis communionu
cxteniae, is vested, as we have seen, with supreme legislative
he has, jure divino,
authority over the whole Church i.e.,
2

the discipline of
power to make general laws respecting
the Church in other words, he can enact universal laws
"

and ceremonies, the

of the
administration
the
of the clergy,
proper
21
Now, this
of the Church, and the like.

relative to divine worship, sacred rites

government

temporalities
for the Church is a
power flows directly from the primacy
of
forms
external
worship, and must
visible society, has
therefore be regulated by disciplinary laws, to be enacted by
Moreover, the Pope,
its chief ruler, the Sovereign Pontiff.
;

Manning expresses the same, only in dif

The Pope speaks ex cathedra when he speaks
Church
under these five conditions i, as Supreme Teacher 2, to the whole
in faith and
held by the whole Church;
be
to
doctrine
a
4.
3, defining
"

Salzano,

ferent words.

Cardinal

c., p. 70.

He

"

says

morals."

The Vatican Decrees,

18

Soglia,
31

1.

c.,

pp. 185, 186.

Cfr. Craiss.. n. 688.

New

p. 34.
19

"

York, 1875.

Ib

"

Salzano,

1.

c., p.

71

Ifc -

74-

of the

Roman

245

Pontiff,

was seen, can make laws respecting faith and morals

may, & fortiori, establish uniformity of worship.

as

ART.

he

II.

Rights of the Sovereign Pontiff flowing Mediately or Indirectly

from
471.

We

his Primacy.

Roman

here observe that the rights of the

Pontiff, whether they are annexed immediately or but me

diately to his supremacy, are all necessarily contained in the
primacy none of them are accidental or of human origin,
as Febronius contends.
Having premised this, we proceed
to discuss the point under consideration.
The Pontiff,
viewed in his relations to the particular churches of the
2

world, to the bishops, or to the entire Church, has three

viz., i, those which refer to the various dio

sorts of rights

ceses of the Catholic world

dom

3,

2,

to the bishops of Christen

shall briefly treat

We

or to the universal Church.

of these rights.

Rights of the Sovereign Pontiff in relation

Dioceses of Christendom.

I.

to the

These rights are reduced chiefly to four:

demanding an account of the state of each diocese
472.

oj

out

the

world (jus

relationuvi}.

The Pope,

as

various

I.

Right

tJirougli-

we have

shown, has supreme and unappealable jurisdiction, not only

in matters of faith and morals, but also of discipline."
It is
the duty of the Sovereign Pontiff to watch over the disci
34
He must therefore know the
pline of the entire Church.

condition of

all

the churches or

Hence he must have

"

*"

the right to

dioceses in the world.

demand from bishops an

M

Cfr. Phillips, Lehrb., p. 172.

Phillips. Kirchenrecht, vol

v.,

203, p. 34.

Salzano, lib

ii.,

p. 74.

On

246

Rights and Prerogatives

the

account of the state of their dioceses

therefore

Bishops

are

(visit at io

liininiun

obliged

S.S.

25

to visit

apostoloruui]

at

{jus relationum\

Rome

in

certain

person

intervals,

and to report ihe exact state of their dioceses (rflatwne*

The bishops of Italy and Greece must go to Rome
status).
the bishops of Germany, France,
once every three years
Spain, Portugal, Belgium, England, Scotland, once every
;

f tne
four years; the bishops of Ireland (77, p. 5 O2
of Europe, of North Africa, once every five years
once every ten years."
finally, the bishops of America,
)<

rest

this right of supreme direction, inherent in the Pon

there follows to him the right, in the exercise of this

From
27

tiff,

of freely communicating with the pastors and

28
II. Power to punis-li delin
flocks of the whole Church.

his office,

The Roman

quents.

as

Pontiff,

we have shown,

with the supreme law-making power

in the

is

vested

Church.

Now,

the legislative necessarily includes the executive or coactive

power for laws that cannot be enforced are not, properly
;

grant dispensations. A law,

should be binding on all persons within its

speaking, laws.
to

be

sphere

just,

29

made

yet being

Power

III.

to

the

for

common good

i.e.,

for

not always useful or applicable in

general purposes
30
of reasonable
Hence, laws should admit
particular cases.
is

it

exceptions or dispensations. Now, it is evident that only

those officials can suspend the force of a law in special cases,

or dispense from

it,

who

make

can

the law.

The Roman

supreme law-maker in the

3I
therefore
he
can
Church
dispense from the laws of the
*
But
Church, even those enacted by oecumenical councils.
to this the objection is made that the Pontiffs have them
selves acknowledged that they were subject to the canons,
Pontiff

is,

was

as

seen,

the

16

w
18

**

Phillips, Lehrbuch, p. 173.

Phillips, Kirchenr., vol.

Cone Vaticanum,

"

"

Ib., p. 76.

scss.

OT

iv.,

cap.

Phillips, Lehrb..

iii.

pp

Infra, n. 556.

Regensburg, 1854.

v., p. 38.

3a

175, 176, 178.

Salzano,

1.

c., p,

Craiss., n. 692.

75

Of

Roman

the

247

Pontiff.

and therefore could not dispense from thc-in. This objection

does not hold for the Popes distinguish between two kinds
of canons those, namely, which relate to themselves, and
;

those which refer to others. They acknowledge themselves

first class which confirm a divine
subject to those laws of the
or natural law but if these laws are merely of ecclesiastical
;

Roman Pontiffs only quoad vim dircctiorigin, they bind the

second class
vam, not quoad vim coactivam. Laws of the
Pon

those which have no reference to the Sovereign

tiffsshould, as a rule, be enforced by the Popes.
i.e.,

We

say,
33

as a rule

for they are dispensable, as has been shown.

without
granted by the Sovereign Pontiffs,

Dispensations

34

sufficient reasons, are valid,

though

Though

illicit.

Popes,

in rebus juris divini

we have

just seen, cannot dispense

declare that, in certain contingencies,
nevertheless
they may
39
IV. Right of receiving ap
to bind.
ceases
the jus divinum
as

the sentences

of

Man,

all ecclesiastical tribunals.

peals

from

even

in his judicial decisions, is naturally liable to error."

of
therefore, from an inferior to a supe

The remedy

appeal,

rior judge, necessarily exists in every society.

as the supreme judge in the
Pontiff", therefore,

The Roman

Church, can
world. His
parts of the Catholic

receive appeals from all

38
sentence alone is unappealable.

2.

473.

Rig]its of the Pope respecting Bishops.

Christ conferred

upon Peter and

his

successors

his lambs/ .*., the

power to feed and govern, not only
The
but also the shepherds i.e., the bishops.
faithful
The
of the Pontiff relative to bishops are four: 1.

rights
Pope, by virtue

and transfer
of his primacy, can create bishops
of Trent**
Council
The
them from one place to another"
83

*
Salzano,

c.,

pp. 76, 77.

Phillips, Lehrb., p. i?9"

"

Craiss., n. 693.

"

Salzano,

1.

c.,

Phillips,

p. 77"

S;.lzano.

c.,

p 85.

1.

c.

Sess. xxiii., cap. iv.

p. 180.

can.

8.

On

248

the Rights

and Prerogatives

any one saith that the bishops, who are assumed

of the Roman Pontiff, are not
[i.e., appointed] by authority
legitimate and true bishops, but are a human figment, let
him be anathema." Now, if the Pope alone can appoint
bishops, it follows that he alone can transfer them from on
"

says

If

see to another/

Right of reserving cases. It is a dis

puted question whether bishops receive jurisdiction imme
42
from the Pope or from God. One thing, however,
diately
is

namely, the jurisdiction of bishops, so far as its

43
concerned, depends
upon the Sovereign Pon

certain

exercise

II.

is

to bishops their subjects.

tiff, whose privilege it is to assign
the
restrict
the
Hence,
authority of bishops, and
Pope may
reserve to himself the absolution from the more grievous

crimes.

44

III.

The

by virtue of his primacy, has the

sees" and to reinstate them.

Pontiff,

right to depose bishops

their

from

This follows from what has been

IV. Finally, the Pope

has the right to convoke, preside over, and confirm oecumenical
This proposition needs no proof. Bishops, there
councils.
said.

48

hindered, to assist at these

The body of bishops, when separated from the
councils.
47
no supreme
has
Pontiff,
power in the Church. Hence, it
not lawfully

fore, are obliged, if

4S

absurd to say that an oecumenical council

for no council is oecumenical
the Pope
is

united

49

is

superior to

except

when

to the Pope.

Rights of the Pontiff relative to the Entire Church, or tht

Church as a Whole.

3.

474.

The

rights of the

Roman

Pontiff, falling

under

this

head and emanating mediately from his primacy, may be re

duced to four, discussed under the following heads I. Di:

41

43

44
*

**

Phillips,

1.

c., p. 188.

Salzano,

1.

c.. p.

Cone. Tiid.,

86
*

1.

cfr.

sess. xiv.,

Ib.

Salzano,

c., p.

90

Cfr.

our Notes,

cap

vii.

4*

Salzano,

*"

Craiss., n. 690.
cfr.

p.

77

Craiss., n. 690, 868.

Cone. Vaticanum,

Ib., 691.

sess. iv., c.

iii.

1.

c., p.

87

Of

Roman

the

and union of dioceses.

diocese into two or more.

vision

rious reasons

I.

249

The Pope

alone can divide

Dioceses are divided for va

when they

v.g.,

Pontiff.

are vast.

bishop of the diocese to be divided

is

60

As

a rule, the
6I
as to the

consulted

2. The
his consent, however, is not essential.
into
unite
or
more
dioceses
one.
See
alone
can
two
Holy
Dioceses are united for different reasons v.g., when they
II. Canonisation of saints and uniformity of
are small."
Both these are of interest to all Christendom.
liturgy.

division

Hence, it is the prerogative of the Roman Pontiff to enact

laws in regard to the canonization of saints he may also
correct the Roman Missal and Breviary, and, in general,
;

ordain
gious

63

III. Reli
that pertains to the sacred liturgy.
orders.
have
a
certain
relation
to the
These, too,
all

whole Church hence, they are instituted/ approved, and,

if need be, suppressed,
IV. Plenary indul
by the Pontiff.
the
The
as
head
of
Roman
Pontiff,
Church, is the
gences.
supreme dispenser of her treasures he alone, therefore, can
;

grant plenary indulgences for the entire Church."

475. Rights of the Sovereign Pontiffs relative to the Causae
It is

Majores.
the
all

Holy

causae majores are reserved to

causae major es we mean, in general,

certain that

Now, by

See.

all

ecclesiastical matters of

more than ordinary importance

Such matters

or difficulty.

may be

of a graver character,

either intrinsically i.e., by their very nature, v.g., questions

of faith or general discipline or extrinsically i.e., because
of certain circumstances, v.g., difficulties between bishops
;

and the

Now,

""

civil

power.

all

matters of this kind are to

be referred by bishops to the Holy See, and determined

For the Pontiff, as we have shown, has jurissolely by it.
dictio

immediata over the entire Church

reserve

in

Salzano.
Sal/.ano,

fact,

lib.
1.

ii.,
.

has reserved

"

p. 88.

p. 8q.

Ib.

"

to

hence,

himself

the

he can

"

Phillips, Lehrb.. p. 185.

Ib.

Phillip?,

to

power

I.

c. t

p.

Ib

180

On

250

the RigJits

and Prerogatives

matters of greater moment. Canonists disagree

as to what matters are precisely to be considered causae maThe Potestas Ordinaria and Extraordinaria of the
Jores.

decide

"

all

Roman

When

Pontiff.

the

Roman

Pontiff

accommodates

himself in his proceedings to the rules established by his

predecessors or to the decrees of oecumenical councils, he
said to proceed de jure ordinario
de potestate ordinaria ;
but when he does not observe these prescriptions, he acts
is

dc jure ex traor dinar io.

In derogating, however, from the
Council of Trent, the Pope does not act de potestate extraM
itself says: "All things-which
ordinaiia; for this Council
have been ordained in this sacred Council have been so de

creed as that the authority of the Apostolic See

is

untouched

thereby

ART.

III.

Rights of the Pope as Bishop, Metropolitan, Primate, and

Patriarch.
476.
city of Rome and the surrounding country
within a circumference of forty miles forms the diocese" of
the Pope, in his capacity .of bishop.
This diocese is govern
ed by the Pontiff in the same manner as other dioceses are

The

ruled by other bishops.

The Pope, however, does not per
sonally or directly administer the diocese of Rome, but ap
points one of the cardinals resident in Rome to take direct
charge of it, and act in his stead or as his vicar. This
cardinal-vicar

is

assisted in the administration of the diocese

by a coadjutor or suffragan bishop (yice-gerente], who in turn

is aided by a number of inferior officials/
The Pope is
1

also metropolitan of ten (civil) suburbicarian provinces," Pri

mate of Italy, and Patriarch of the West," and therefore, in
51

60
62

Cfr. Craiss., n. 694.

Phillips,

1.

c.,

58

pp. 201, 202.

Craiss., n. 679.

63

Ib., n. 695.

69
*

Sess. xxv., cap. 21,

De

Ib., p. 203.

Bened. XIV., De Syn.,

lib.

ii.,

cap.

ii.

Ref.

Of

the

Roman

25

Pontiff.

these various capacities, exercises the prerogatives attach

ing to these several dignities.

SECTION

On

the Rights

II.

of the Supreme Pontiffs

ART.

Htad

Vai ious Opinions on this

I.

There are four

"

Temporal Matters.

I.

Distinction between the Direct

and Indirect Power of Pontiffs

477.

in

in

different

Temporal Things.
64

opinions

respecting
the
in
of
I.
The first
power
Popes
temporal things:
holds that the Sovereign Pontiff, as such, has, jure divino,
absolute power over the whole world, in political as well as
the

ecclesiastical affairs.

2.

The second, held by Calvinists and

other heretics, runs rn the opposite extreme, and pretends

(a) that the Sovereign Pontiff has no temporal power what
(d) that neither Popes nor bishops had any right to ac
of
dominion over cities or states, the temporal and spiri
cept
tual power being. Jure divine, not unitable in the same person.

ever

The tJdrd, advanced by Bellarmine and others, maintains

Pope has, jure divino, only spiritual, but no direct

3.

that the

or immediate temporal,

however, by virtue of
he is possessed of power, indirect in
deed, but nevertheless supreme, in the temporal concerns of
Christian rulers and peoples that he may, therefore, depose

power

that,

his spiritual authority,

Christian sovereigns, should the spiritual welfare of a nation

so demand. Thus, as a matter, of fact, Pope Innocent IV.,

pronouncing sentence of deposition against Frederic II.,

explicitly says that he deposes the emperor auctoritate apostolica ct vi claviunt.
4. The fourth opinion holds that the
Sovereign Pontiff has full spiritual authority over princes no

in

**

Bouvier, Tract, de V- ra Ecclesia, part

iii

p.

^27 vol.

i.

Parisiis, 18-14.

On

252

Rights and Prerogatives

the

than over the faithful

less

them

teach and instruct

and

that therefore he has the right to

in their respective duties, to correct

punishments upon both rulers and peo

but that, jure divine, he has no power, as asserted
by Bel
larmine, whether direct or indirect, in the temporal affairs
inflict spiritual

pies

We

of Catholic sovereigns or peoples.

say, as asserted bv
Bellarmine for the advocates of this opinion, by giving the
Pope full power to correct princes and peoples, necessarily
;

attribute to

him an

indirect

power in temporal things; they

deny, however, that this potcstcts indirect a in tempuralia in
cludes the deposing power, as maintained by Bellarmine.

The

opinion is untenable, and

mine himself; the second is heretical
II.

first

;"

seem to

differ chiefly as to the

agree in granting that the

but

power

in

Before

we proceed

temporal things

refuted by Bellar
the third and fourth

is

deposing power of the Popes,

Roman Pontiff has an indirect
both may be lawfully held.

to explain our own views in this matter,

the relation of Church and state, we shall

and to show

point

out, for the better understanding of the subject under con

sideration, the difference between the direct and the indirect
in

power

temporal things.

What

is meant
by direct and indirect power in
temporal affairs ?
A. We have already shown 66 what things are to be con
sidered temporal, what spiritual, and what mixed questions

Q.

478.

Now,

certain that temporal things are not so

exclusively
6T
adaptable to the wants of this life as not to be either con
ducive or injurious to the salvation of the soul. But it i.
it is

also certain that the

which
in

the

is

to save men,

way

of salvation.

Pope has authority

-re.,

not

in

Cfr. Traiss

Church, in order to fulfil her mission^

must have power to remove obstacles

The Church,

therefore, or the

in

temporal matters, not indeed directly

as such, or in themselves (pomatters,
temporal

n. 696.

"

Supra,

n.

"

204-207.

Craiss.

n 697.

Of
testas directa ct

the

immediata

Roman

253

Pontiff.

but indirectly

in res t^mporales)

the salva
i.e., in temporal matters, so far as they relate to
in other
tion of the soul (potcstas indirccta in teuiporalid)
aside
set
or
has
to
overrule, correct,
words, the Pope
power
;

men from attaining

Having premised this, we proceed

those temporal means which hinder

to

eternal happiness.

to

our thesis proper.

ART.

II.

Relation of ChurcJi

and

State.

479. From what has been said we infer: I. In all things

which are purely temporal, and lie extra finem Ecclesiae out
it (i.e., the Church) neither
side of the end of the Church
2.
In
all things which promote
claims nor has jurisdiction.

or hinder the eternal happiness of

power

to

judge and to

men

enforce."

Church has

the

We

now apply

principles to the relations of the spiritual and civil

between Church and

i.e.,

positions

state

by laying

down

these

powers
these pro

In tilings temporal, and in respect to the

temporal end (of government}, tJie ChurcJi has no power over the
The proof of this proposition is that all things
state.
480. Proposition

I.

merely temporal are beside (practer fincni Ecclesiae] or out

side of the end of the Church.
Now, it is a general rule
that no society has power in those things which are out of
its

own proper

end.

Hence, the

civil society
70

or the state,
not subject

be Catholic,
even though every member
to the Church, but plainly independent in temporal things
which regard its temporal end."
In whatsoever tilings, whether essen
481. Proposition II.
of

tially or

is

it

by accident, the spiritual end

that

88

Manning, The Vatican Decrees,

69

Card. Tarqu., Jur. Eccl. Publ. Inst., n. 54 pp.

71

Cfr.

Manning,

1.

c.,

pp. 70, 71.

is,

the

end of the

p. 55.

w
55, 56.

Ib., p.

5&

On

254
Church

and

the Right*

Prerogatives

necessarily involved, in those tilings, though they bt

the Church may by right exert its poiver, and the civil

is

temporal,

In this proposition is contained the full

indirect
the
of
spiritual power of the Church
explanation
73
The proposition is proved I. From rcaover the state.
son.
Either the Church has an indirect power over the
state

ought

to yield.

or the state has an indirect

state,

no alternative.
may arise between Church and

There,
flicts

power over the Church.

For, as experience teaches,

is

question as to the

Now,

in

con

any

two powers, 75 either

decide what does and what

competence of the

some judge

there must be

state.

74

to

does not fall within their respective spheres, or they are de

livered over to perpetual doubt and to perpetual conflict.
But who can define what is or is not within the jurisdiction

Church in faith and morals, except a judge who knows

what the sphere of faith and morals contains and how far it
76
.It is clear that the civil power cannot define
extends?
how far the circumference of faith and morals extends. To
do this it must know the whole deposit of explicit and im
of the

Therefore, the Church alone can fix the limits

Church can fix the limits of its
jurisdiction and if the

plicit faith.
}f its

the limits of

own jurisdiction, it can fix

tionat least, so as to warn

it

off its

all

other jurisdic

own domain.

77

Hence,

matters of religion and con

the Church is supreme
science she knows the limits of her own jurisdiction, and,
in

the limits of the

therefore, also

power.

Again,

if it

competence of the

be said that the state

is
78

civil

altogether inde
that the state

pendent of the Church, it would follow

would also be independent of the law of God in things tem
for the divine law must be promulgated by the
poral
Church. It is unmeaning to say that princes have no supe;

"

Card. Tarqu.,
*

1.

c., lib. i., p. 56, n. 55.

TS

Craiss., n. 698.

Manning,

1.

c.,

"

Craiss.. n. 698.

pp. 54, 55-

Manning,

Cfr. Phillips, Kirchenr., vol.

"

"

7S

1.

ii.,

c.,

pp. 70, 7*.

pp. 546, 547

cfr Syllab. 1864, prop. 19, 20, 39, 42,

-

54-

of the

God

law of

Roman

255

Pontiff.

79

for a law is no superior without

an authority to judge and to apply it. II. We next prove
our thesis from authority. We refer to the famous bull
rior but the

Unam Sanctam, issued by Pope Boniface VIII. in 1302.

This bull declares that there is but one true Church, 80 and
therefore but one head of the Church

two swords

that there are

and the temporal

the latter

Roman

the

Pontiff;

two powers the spiritual

must be subject to the former.
i.e.,

The bull finally winds up with this definition

And this
we declare, affirm, define (definimus), and pronounce, that it
is necessary for the salvation of every human creature that
"

he should be subject to the

Roman

doubtedly a de fide definition

i.e.,

91

This

Pontiff."

is

un

an utterance ex cathe

In fact, the bull, though occasioned by and published

during the contest between Boniface VIII. and Philip the
who held that he was in no sense sub
Fair, King of France

dra.**

Roman Pontiff had for its

whole tenor and wording, this

ject to the

from

its

cally the relation of the

that

is,

Church

object, as is evident
to define dogmati

to the state

83

in general

universally, not merely the relations between the

and the particular state or nation France. Now,

Church
what is the meaning of this de fide definition ? There
are two interpretations
one, given by the enemies of the
is
that
the
Pope, in this bull, claims, not mere
Papacy,
an
but
a
direct and absolute, power over the
indirect,
ly
state, thus completely subordinating it to the Church
:

that

is,

to

it

subjecting

the

Church, even

purely tem
formerly by the

This

in

poral tilings.
explanation, given
partisans of Philip the Fair, by the Regalists in the
reign of Louis XIV., and at present by Janus, Dr. Schulte,
78

Manning,

1.

c., p. 51.

80

Phillips,
*

Fessler,

1. c.,

"*

Phillips,
"

Cfr.

vol.

iii.,

pp. 256, 257

True and False

1.

Manning,

vol.
1.

iii.,
,

cfr.

Darras, Hist., vol.

Infallibility, p. 81.

pp. 255, 256.

pp. 61-64.

w
**

Hi., p.

Manning,

1.

454.

c., p.

Cfr. ib., p. 206.

57

On

256

Rights and Prerogatives

the

Old Catholics, and the opponents of the Papal infal

libility in general, is designed to throw odium upon the
Holy See and arouse the passions of men, especially of
the

governments, against the lawful authority of the Sovereign

The

second or Catholic interpretation is that the

Church, and therefore the Pope, has indirect authority over
the state that therefore the State is subject to the Church in
Pontiffs.

temporal things, so far as they relate to eternal salvation or in

86
volve sin.
Thus, the illustrious Bishop Fessler, Secretary
to the Vatican Council, says that this bull affirms merely
that Christian rulers are subject to the Pope, as head of tJie
ChurcJi
but not in purely temporal things
still less,"
"

continues Fessler,
does it [the bull] say (as Dr. Schulte
formulates his second proposition) that the temporal, power
must act unconditionally in subordination to the spiritual."
"

That this is the correct interpretation appears, I, from the

whole tenor of the bull itself; for it expressly declares that
the spiritual and temporal powers are distinct one from the
other

that the former

is

to be used by the latter for the

The spiritual power (i.e., the

Again
says
has
to
instruct
and
Church)
judge the earthly power, if it
be not good.
If, therefore, the earthly power deviates (from
Church.

"

it

2.
end), it will be judged by the spiritual."
Again, be
fore issuing the bull Unam Sanctam, Pope Boniface VIII.
"

its

had already declared, in a consistory 90 held in 1302, that he

had never dreamt of usurping upon the authority of the
91
over the
i.e., of assuming any power
King (of France)
state in purely temporal matters
but that he had declared,
;

the bull Ausculta Fill (A.D. 1301), the King (of France) to
be, like any other Christian, subject to him only in regard to

in

mi.
"

87

It

L.

is

therefore de fide that the Church, and therefore

c., p. 82.

Cfr. Phillips,

I.

c., p.

256

""

Ap. Manning,

.839.
**

Ib.

1.

cfr.

42, p. 75, note

Walter, Lehrb.,

c., p. 60.

""

JI
,

p. 254.

Cfr. Phillips,

Manning,

I.

(a).
1.

c.,

Bonn,
p. 25

p. 62.

of the

Roman

Pope, has indirect power over the

llie

257

Pontiff.

and

state,

quently the state, in temporal things that involve

ject to the Church.
482.

From what

has been said

we

infer:

i.

that consesin, is

sub

The authority

of princes and the allegiance ot subjects in the civil state of

nature are of divine ordinance and, therefore, so long as
;

princes and their laws are in conformity to the law of God,

the Church has no jurisdiction against them nor over
2. If princes and their laws deviate from the law
them.
of God, the Church has authority from God to judge of that
93
This au
deviation, and to oblige to its correction.
3.
the
Church
is not direct in its incidence on tem
of
thority
9

"

poral things, but only indirect. 4. This indirect power of

the Church over the state is inherent in the divine constitu
tion and commission of the

Church

but

exercise in the

its

world depends on certain moral and material conditions by

which alone its exercise is rendered either possible or just."
it
This last conclusion is carefully to be borne in mind
;

shows

that, until a Christian

world and Christian rulers ex

95

there was no subject or matcria apta for the exercise

of the supreme judicial authority of the Church in temporal
isted,

things.

So much

for the relation

When

infidel state.

society of man
direction of the Church.
the

of the

a Christian world

civil

Church

came

to

the

into existence,

became subject to the spiritual

So long, however, as individuals

only subjected themselves, one by one, to its authority, the

conditions necessary for the exercise of its office were not

The Church guided men, one by one, to

present.
their eternal end but as yet the collective society of nations
fully

ivas

not subject to

its

guidance.

It is

only

when

nations

and kingdoms become socially subject to the supreme doc

trinal and judicial authority of the Church that the con
ditions of

its

exercise are verified.

"

Manning,

1.

c.,

p. 56.

Ib.

So much
M

for the relation

"

Ib.

Ib., p. 81.

On

258

Church

of the

the Rights

and Prerogatives

to the Catholic State.

06

At. present the world

has for the most part practically withdrawn itself socially
97
as a whole, and in the public life of nations, from the
unity

and the jurisdiction of the Church.

true, never

it is

loses

its

but unless

of the

Church

in

the

Church,

radice over

the

moral conditions justifying its

never puts it forth in regard to

the

baptized
exercise be present, it
heretics or the heretical state.
;

Now,

jurisdiction

So much

to the heretical state.

therefore, the authority itself of the

its exercise.

for the relation

In this entire question,

Church must be

distin

guished from

ART.

Ill,

The Deposing Power.

483. This question

consequence
88

gians,

is

at present of little or

for, according to

all

no practical
canonists and theolo

Popes can depose Catholic princes only

i.e., princes
are Catholics not only as individuals, but as rulers in
other words, only those princes who are at the head of

who

Catholic nations, where the Catholic religion

is

the only re

by law. By what right was the deposing

exercised
power
by the Sovereign Pontiffs ? There are two
Catnolic
writers one holds that it was ex
opinions among
ligion recognized

ercised merely by virtue ofthejuspublicum of the mediaeval

ages the other, that the deposing power, as exercised by
Pope Gregory VII. and other Pontiffs, is inherent in the
;

primacy, being included in the indirect power of the Pope

89
in temporal things.
This opinion is thus expressed in our
article on Gregory VII., published in Brownson s
Quarterly
The power itself [i.e., of deposing princes] in
Review :
""

"

Manning,
88
*

Bouvier,
Cfr.

p. 82.

1. c.,

Instit.

Manning,

1.

Theolog., vol.
c.. p. 77.

Ib., p. 87.
i.,

pp. 432, 436, 437.

April, 1875, p. 211.

of tkc
radice,
actu,

or

we

hold,

its

is

Roman

250

Pontiff.

inherent in the Papacy the power in

depends upon external circumstances."
;

exercise,

The moral conditions which justified the deposition of

princes, when the world was Catholic, have practically
ceased to

exist,

now

that the world has practically, accord

ing to the secular social regime, ceased

101

and

to be Catholic,

former times, the

While,
102
it would
exercise of the deposing power was legitimate,
Not one of the Papal bulls
not be legitimate at present.

even Christian.

therefore, in

"

deposing sovereigns has the faintest trace

ot

being a de fide

104

they are merely penal sentences. Hence it is,

105
IX. himself, in one of his discourses,
Pius
says,
Pope
"that the
right of deposing princes has nothing to do with
the Pontifical infallibility
neither does it flow from the
definition

as

Of
infallibility, but from the authority, of the Pontiff."
is
not
to
believe
bound
what
course, a Catholic
only
the Pope defines ex cathedra, but also to accept and
obey what

he

We

commands.

otherwise

said

above

the world, according

to the secular social regime,
^5
O
had practically ceased to be Catholic, or even Christian.
For according
it is still
o to the ecclesiastical social
o
and
there
is
formally Catholic,
nothing to prevent the Pope

that

re"<fime

from blessing as formerly the faithful not merely indivi

dually, but the whole world collectively (urbi et orbi\
Hence it were scarcely correct to assert absolutely that the

world has now ceased to be Catholic, or even Christian.

ART. IV.

Of the Temporal
484.
not,
101

The primacy

of divine
Manrrn?,

107

is

right,

IOS

Ib., p. 84.
105

pp. 86, 87.

Cfr.

Manning,

1.

c.,

Kenrick, Primacy,

Pontiffs.

any temporal appendage

c., p. 87.

Ib.,

Roman

essentially a spiritual office,

102
1.

104

106

Principality of the

Fessler,

10

1.

Discorsi di Pio IX., July 20, 1871.

pp. 85, 86.

p. 218.

Philadelphia, 1845.

and has
yet the

c.,

pp. 85, 86.

Rome,

1872.

On

26o

Rigfits and

tke

Prerogatives

or rather was, sovereign of a small principality in

Italy, designated the Patrimony of St. Peter or the States
of the Church.
Tnis temporal dominion, it is true, was

Pope

is,

God upon

not bestowed by

the

Pope

in the

""

beginning

even toward the close of the sixth century, the Pontiffs

were not as yet independent rulers ol temporal dominions. 10
But when the Roman Empire was overthrown and divided
110
into several kingdoms,
then it was that the Sovereign
ior,

Pontiffs obtained their temporal principality," divinae proI identiae consilio,

This civil dominion of the Pope, whether
1

acquired by the munificence of princes or the voluntary

submission of peoples, 113 though not essential to the primacy,
is

very useful, nay, in the present state of

nevertheless
114

measure necessary, to the free exercise of the

11
of
the Pope as head of the Church.
Princes,
prerogatives
a
Pontiff
in fact, would scarcely be willing to obey
placed
in a

things,

under the

power of another

civil

ruler.

116

Napoleon

said

I.

We

Pontiff precisely
respect the spiritual authority of the
in
nor
Vienna, nor in
because he resides neither in Madrid

Rome.

117

himself points
should
no
occasion
that
out how fitting
every respect
of
administration
the
in
exist for suspecting that the Pope,
118
sometimes act under the influence of the
the

any other

but

state,

it is

in

Pius IX.

in

may

Church,

Now, such suspicions

power or of political parties.
be the subject of
Pontiff
would be unavoidable should the
some civil ruler. The temporal principality of the Popes

civil

has existed already eleven centuries, and thus precedes by

There is,
a long lapse of time every existing sovereignty.
it is

no divine guarantee that

true,

198

Cone.

110

Kenrick,

m Ap.
i: *

Cone.

Cone. PI
Soglia.
Cfr.

1.

Phillips, Lehrb., pp. 199,200.

113

Craiss., n. 701.

115

Cfr. Syllab., prop.

223.

Bait. II., n. 47.

c., p1.

254.
c., p.

228.

conti-

Soglia, vol.

PI. Bait. II., n. 47-

Kenrick,

shall

111

117

118
118

c., p.

power

100

PI. Bait. II., n. 47.

1.

this

Litterae,

i.,

pp. 254, 255.

March

75, 76-

26, 1860,

of the
nue

"

it

Roman

261

Pontiff.

has been treacherously wrested from the present

Pontiff by the Italian government.

That, however,
revert to the Popes we have no doubt.
Napoleon
took these possessions from the aged Pius Vli. Yet

it

will

I.,

too,

Napo

empire has since vanished like a dream, while the

patrimony of St. Peter passed again into the hands of the
leon

Pontiffs.

The Council

of Baltimore

iao

directs that an annual

taken
for
the Holy Father in every diocese
collection be
up
of the country on the Sunday within the octave of the Feast
of Saint Peter and Saint Paul, or such other Sunday as the
485.

ordinary
U9 Cfr.

may

Kenrick,

direct.
1.

c., p.

228.

uo

PI. II.. n. 48.

CHAPTER

III.

ON THE ASSISTANTS OR MINISTERS OF THE SOVEREIGN PON

TIFF THE
CURIA ROMANA."
"

486.

we mean,

the Curia Romano,

By

in a strict sense,

only those officials whom the Sovereign Pontiff regularly

makes use of to assist him in the government of the univer
sal

Church ;

in a

in his capacity of

broad sense, also those

Bishop of

who

aid the

Pope

Rome, Metropolitan, or

Pri

All these assistants are appointed by the Pope.

The persons composing the Court of Rome (Curia Romano]
are divided into three classes, designated respectively Cardi

mate.

Holy Roman Church (Cardinalcs S. R.

Holy Roman Church (Praelatt S. R.
the strict sense of the term.
The latter

nals of the
lates

.),

of the

curiales in

."),

Pre

and

(curiales]

made up

of the various magistrates not in prelatical dig

and procurators, solicitors and agents, of
of
advocates
nity,
6
notaries, and all thosf* who form the cortege of the Pope.

are

These various ministers are either

nals

or extra curiain

intra curiain

legates,

v.g.,

v.g.,

nuncios, and the

cardi
like

We shall, therefore, divide this chapter into two sections;

one treating of the Papal assistants intra curiam, the othe
of those extra curiam.
1

Phillips, Lehrb., p. 208.

Ib

Ib.

Cfr. Phillips,
Ib., p. 10.
262

Kirchenrecht, vol.

vi., p.

Craiss., n. 701, 704

Assistants of the Sovereign Pontiff.

SECTION

Of

the Assistants

Of

"

curiam."

1.

and Number of Cardinals.

Cardinals are the immediate

487. Origin.

intra

Cardinals.

Origin, Appointment,

I.

I.

of the Sovereign Pontiff

ART.

263

counsellors or

advisers of the Pope, and form, so to speak, the senate of

8
the Roman Church.
Hence, they are compared to the
ancients appointed to assist Moses, and to the apos

seventy
The College of Cardinals is
tles chosen to aid our Lord.
Clericorum coetus ad auxiliandum Romano
thus defined
Pontifici in Ecclesiae regimine, sede plena, et ad supplen
"

dum eundem,

"

sede vacante, institutus.

Are
cardinals of divine or human institution ?
488. Q.
It were difficult tc
A. The question is controverted.
"

that the dignity of cardinals, as at present understood

11
The name itself
not of merely ecclesiastical institution.
of cardinal does not seem to have been used before the time

show
is

of

Pope

St. Sylvester.

12

At

was applied to all ecclesi

Pope Pius V. in
charge of churches.
first it

13

astics

permanently
1
567 ordained that

plied

to

in
it

should henceforth be exclusively ap

the cardinals of the

Roman

Church.

14

Yet

in

Naples, even at present, fourteen canons are named cardi

16
In several other dioceses, also, some of the canons
are still called cardinals." Cardinals are so called from the
nals.

word

17

car do, a hinge

for,

says

Pope Eugenius

IV.,

"

sicut
*

"

Phillips, Kirchenr.,
"

15

Ib., n. 703.

Soglia, vol.
Craiss.

1.

c., p.

10.

Craiss., n. 702.

Cfr. Ferraris, V. Cardinalis, art

M
Ferraris, 1. c., n. 6.
p. 257.

"

i.,

n. 704.

"

Const.

i.,

Non Med ocri,

n.
1S

i,

2.

Salzano,
14.

Ib

Ib., n. 3, 4.

lib. ii., p.

9^

On

264

the Assistants or Ministers

super cardinem volvitur ostium domus, ila super eus \cardt

The cardinals are
nalcs\ sedis apostolicae ostium quiescit."

upon which the government of the en

Church turns. 18
i.
The manner
489. Mode of Appointment of Cardinals.
of creating cardinals underwent change from time to time.
so to say, the hinges

tire

Roman

Several things prescribed in the

now

obsolete.

The Sovereign

power of appointment
pointments he

ceremonial

are

Pontiff has the sole and free

to the cardinalate

in

making ap

not obliged to use any specific formula,

the
though
following is given in the Roman ceremonial
Auctoritate Dei Patris
assumimus N. in presbyteis

"

rum

vel

diaconum

S.

R. Ecclesiae

newly-appointed cardinal

is

in

cardinalem."

I9

2.

Rome, he proceeds

If the

to the

Apostolic Palace, where one of the old cardinals presents

him to the Holy Father, who then gives him the red cap
rubruui), and, in a

(bir return

subsequent public consistory,

The ceremony of
(galerum rubrum}.
closing and opening the mouth, of giving the ring and as
the red

also

hat

signing the title, takes place in a later consistory. 3. To

21
the red cap or beretta
cardinals elect not living in Rome
sent, and they must promise on oath to visit the
within a year, so that the other ceremonies of
Father
Holy

only

is

take place. 4. Cardinals, at present, ob

tain all the rights of cardinals the moment they are appoint
ed in secret consistory, even before they are invested with
their elevation

may

any of the insignia of the cardinalate. Hence, the above

ceremonies namely, the imposing of the red cap and hat,
are not absolutely

etc.

490. Q.
nalate ?

A.
18

"*

i.

What

necessary."

qualifications are required for the cardi-

The same

as those prescribed

"

Ferraris,
Ib.

1.

c., n. 8.

Ap.
**

ib., n.

Ferraris,

1.

9-13.
c.,

by the Council

Phillips, Lehrb., p. 210,

n. 20-24.

of

of
2

fie Sovereign Pontiff.

265

Hence, only those should

the purity of morals, age,
learning, and other qualifications required by the Council of
Trent for bishops. Only such persons as are of the must

Trent

for the episcopal dignity.

made

be

cardinals

who have

exalted merit should be raised to the cardinalate.

24

as far as

Pope should,

the cardinals out of

2.

The

can be conveniently done, select

the nations of Christendom.
3.

it

all

than four should be taken from the regular and

35
For the other qualifications, see Fer
mendicant orders.

Not

less

28

raris.

Cardinals are divided into the

491. Orders of Cardinals.

three orders of bishops, priests, and

of this classification dates far back.

deacons."

The origin
the order of

Thus, i,
in this manner:
have
to
seems
originated
cardinal-priests
the
in
first
of
the
St.
Church, estab
Evaristus,
century
Pope
to the
were
entrusted
which
lished seven titles or churches,
care of seven priests, who there administered the sacra
ments, proprio Jtire and who were afterwards called cardi
origin of cardinal-deacons is this:" To
he seven priests just mentioned were associated seven dea
30
because they presided
cons (diaconi, regionarii], so called
nal priests.

The

2.

over the seven diqconiae

hospitals,

i.e.,

and hospices or

houses, situate in the different quarters of Rome, where

orphans, widows, and the poor in general were received

and supported out of the patrimony of the Church. The

erection of these diaconiae, to which chapels were also at
tached, is ascribed by the Liber Pontificalis to Pope Clement
I.
These deacons were afterwards termed cardi
(91-100).
nal-deacons.
existence

in

The order

3.

the eighth

eleventh century,
23
28

""

Sess. xxiv., cap.

V. Cardinalis,
SalzanO;

i.,

art.

when

Phillips. Kirchenr., vol.

the
according to some,
Pontiffs appointed

or,

M
*
29

Ib.

M Sixtus

V., Const.

Postquam

Phillips, Lehrb., p. 209.

Ib.
"

vi..

into

in

the Sovereign

n 24-38.

lib. ii., p. 100.

came
31

de Ref.
i.,

of cardinal-bishops

pp. 65-77.

Soglia, vol.

i.,

p 257.

On

266

the Assistants or Ministers

the seven suburban bishops of Rome as their assistants in

the government of the entire Church.

Number of

The number

of cardinals has,
32
In the
in the course of time, suffered frequent changes.
time of Pope Paschal II. there were ninety cardinals.
Pope
492.

Sixtus V.

:a

Cardinals.

ordained that their number should not exceed

seventy. Nor have any Popes, from the time of Sixtus V.

34
Of this num
to the present day, departed from this rule.
ber six are cardinal-bishops, fifty cardinal-priests, and four

We observe here, there is a mate

between a bishop who is made a cardinal and
a cardinal-bishop.
Only the six bishops of the suburbicary

teen cardinal-deacons.

311

rial difference

dioceses

or bishops of the

bishops,
dinals,

suburbicariac]

(Ecclesiae

36

of

Roman

Rome

are

Church.

cardinal-

All other car

even though bishops by consecration and

in

charge

of dioceses, are but cardinal-priests, or, as the case may be,

cardinal-deacons they are bishops, indeed, of their respec
;

tive dioceses, but only priests or deacons

Church.

2.

493.

ate

is,

Roman

of the

37

Rights and Duties of Cardinals.

Dignity and Rig/its of Cardinals.

The

cardinal-

after the Papal, the highest dignity in the

Church. 31

I.

Being the electors of the Sovereign Pontiff

his counsellors

39

sede vacante,

and

sede plena, the cardinals take

precedence of
48
even patriarchs, metropolitans, and primates.
The reason
rank
is
of
not
is that priority
regulated,
by the ordo, but by
one s office and jurisdiction Now, cardinals have greater
31
34
14

1.

Salzano,

1. c.,

p.
3

**

100

cfr.

Jib.

Postquam

De Luise Codex Can.

Cfr. Craiss., n. 708.

Ferraris, V. Cardinalis, art.

Devoti,

Const.

cfr.

Craiss., n. 708.

c., n. 40.

Ferraris,

1873.
38

33

Phillips, Lehrb., p. 209.

i.,

tit. iii.,

sect,

ii.,
ii.,

n.
n.

Eccl., p. 14.
"

Neapoli,

Salzano,

1.

c.,

p. 100.

Ferraris,

I.

c.,

n. 2-5-

T.

22 seq.

Phillips, Kirchenr., vol. vi., pp. 236-263.

of the Sovereign Pontiff.

267

for, together with the Pope, they

junsdiitio than bishops
not
of
one
diocese
have charge,
each, as other bishops, biU
;

of

the dioceses of the Catholic

all

Roman

moreover,
the blood.

Cardinals are,

world."

nay, arc considered princes of

princes"

44

II. Duties of Cardinal* .- -Their duties regard either

494.
their own churches or titles (titnli) or the entire Church
I.

Duties of Cardinals

have

relatii.j to their

ample jurisdiction

management and
churches

45
;

but they are no

4*

matters relating to the

discipline of their titular
longer, as formerly, vested with

in their titles.

not having dioceses out of

that

Cardinals

I.

ecclesiastical

jurisdictio quasi-episcopalis

their titles

Titles.

all

is,

Rome

Rome.

in

47

2.

are bound to reside in

Cardinals

who

Rome must

or archbishops of dioceses out of

All cardinals

are bishops

reside in their

respective sees." The suburbicary cardinal-bishops, how

4
are not obliged to reside in their dioceses.
3. No
cardinal is allowed to leave Rome without permission from
"

ever,

the

Holy Father

50
;

when they

Cardinals relative to the ivJwlc

42

Soglia, vol. L, p. 259.

even to cardinals who are

this applies

ordinaries of dioceses,

visit

CliurcJi.

"

Phillips,

Rome.

1.

c.

2.

Duties of

Sede plena

I.

"

p. 281.

61

Salzano,

i.e.,

I.e., p. IO2.

45

Hence, cardinal priests and deacons can visit their titles and see that
everything is done in accordance with the discipline of the Church v.g., see
that the rubrics are observed.

in their titles,

Moreover, they can,

make use

of the pontifical insignia, give the episcopal blessing, and confer tonsure and
minor orders upon members of their household ( familiaribus).
have said,

We

cardinal priests and deacons; for the cardinal-bishops of the six suburban sees
near Rome have no titular churches in Rome, and therefore cannot exercise
the above rights in any of the churches of Rome, save by special leave from
the cardinal-vicar.
The authority of cardinals in their titles, being at present
restricted to matters relating to the sen>itinm of their titles and the observance

of ecclesiastical discipline, can scarcely be called

jnrisdictio quasi-episcopalis.
Ferraris, V. Cardinalis, art. iii., Novae Addit., n. 3.

^Craiss.,
48

41

n. 710.

Ferraris,

1.

c., art. iii.,

Phillips, Kirchenr.,

1.

n. 28. 29.
c., p.

236.

49
51

Phillips, Lehrb., p. 211.

Ib., n. 33.

Craiss., n. 710.

On

268

Ministers

the Assistants 01

during the lifetime of the Pope

the cardinals iorm

the

chapter, or council of the Pope, and upon their ad

vice to the most holy Roman Pontiff the administration of

senate,"

Church depends. 53

the universal

II.

Sede vacante

dur

i.e.,

ing the vacancy of the Pontifical chair i, the defence, and,

measure, the administration, ad interim, of the Church,

in a

devolve upon

jurisdiction strictly or
properly belonging to the Pontiff, being attached to his per
58
6
son/ does not pass to the Sacred College.
Hence, the
them."

However, the

cardinals cannot, sede vacante, enact general laws," appoint,

8
2. The faculties of the con
confirm, or depose bishops.

gregations or permanent committees

of

cardinals,

being

69

and do not lapse

ordinary, are consequently perpetual,
of
the
with the death
Pope they should, however, Ije dor
mant during the conclave as to those matters which are of
;

60

greater importance, and which are, on that account, usual

ly attended to by the cardinals personally, not merely by
3. The right to elect the new Pope be
to
the Sacred College. Cardinals who are
longs exclusively
ordinaries of dioceses are bound to proceed to the conclave

their secretaries.

at the death of the

two months

Pope

they must return to their dioceses

and consecration of the Pon

after the election

tiff."

These consist chiefly, I,

III. Insignia of Cardinals,
495.
of the red hat {galerns rnbeus] given them by Pope Innocent

The red cap (birretum rubruni) bestowed by Paul

IV. 3. The sacred purple, which was the distinctive dress of
the emperors it came to be worn by all the cardinals from
IV.

2.

Only those cardinals who are

taken from religious communities retain in their dress the
the time of Boniface VIII.

color of their order.

w
M
"

Soglia, vol.
Ferraris,
Ib.

Ib., n. 4.

1.

82

Cardinals, however,
"

i.,

p. 259.

c., art. v., n. 23.

Ferraris, I.e., n. 24-27.

"

69

83

of the Society

Cone. Trid., sess. xxv., cap.

Ib., n. 30.

"

Soglia,
"

Ib., n. 43.

Phillips, Lehrb., pp. 210, 211.

"

Ib., n.

1.

i.,

d.

p. 261

45-47.

Craiss., n. 716

of the Sovereign Pontiff.

of Jesus dress like secular cardinals.

arms
hat and

Urban

VIII."

gave

The coat
eminentissimus^ eminent ia vestra.
of cardinals should be surmounted by a cardinal s

cardinals the

of

4.

269

title

but not by a secular crown,

even though they are members of royal or imperial fami
fifteen tassels (fiocci\

lies."

The College of Cardinals as a Corporation.

3.

496.

The College

of Cardinals, like other cathedral chap

66

a corporation, and, as such, has its officers, rights,

and duties. Its chief officers are: I. The Decanus" S. Colters, is

The dean

legii.

Cardinals.

66

is

the head or president of the College of

This dignity, upon

its

vacancy,

falls,

by what

to the oldest of the cardinals,

is

styled the///.y optandi

ther he resides in the Curia or
causa"

(z,

503).

p.

2.

The

whe

is absent from it ex publica

Cardinalis Camerarius Sacri Col-

This dignitary administers the revenues of the Sacred

College. He is assisted in his duties by several subordinate

legii.

officials."

3.

The

He is chosen by
Secretarius S. Collegii.
His substitute (clericus naItalian.

vote, and should be an

be alternately selected from the French,

Spanish, English, and German nations." The Sacred College,
being the chapter of the Roman Church, does not in every re

should

tionalis)

under the laws that govern other chapters. Thus, it

73
cannot meet without the permission of the Pope, while other

spect

fall

74

chapters, in matters relating to themselves as corporations,

are convoked by their dean or president even without the

Cardinals living in Rome should

have a yearly income of four thousand dollars (scudi)

consent of the

84

Decretum 10

bishop."

Jun., 1630.

"Phillips,
"

Kirchenr., vol.

Ib.,

Ib.. p.

Ib., p. 233.

"

**

Craiss., n. 718.
Ib.

Our

"

74

"

Ib., p. 234.

Notes, n. 66.

282.

pp. 237, 238.

"
"

vi., p.

Ib., pp. 233, 238.

"

238

cfr.

Phillips. Lehrb., p.

Phillips, Kirchenr.,

1.

c.,

p. 252.

Phillips, Lehrb., pp. 313, 314.

Phillips, Kirchenr.,

1.

c.

p. 237.

3U

On

270

the Assistants or Ministers

4.

497. Q.
sistories

What

is

Consistories.

the origin, history and

meaning- of coru

A. i. Formerly, namely, from the tenth to the sixteenth

century, the Roman Pontiffs were wont to gather about

them

in

all the cardinals, and to

them the entire business of the
Catholic world.
These meetings were called consistories,
and were held regularly three times a week at the
Papal
palace, and under the immediate presidency of the Pope him
self.
At these consistories, controverted questions on

regular weekly meetings

discuss and transact with

77

faith,

morals, ecclesiastical discipline were discussed and decided

criminal and disciplinary and other contentious causes were

heard and adjudicated with judicial formalities, the

litigants
and their advocates being present.
The Pope himself
always gave the decision, after having taken the advice of
the cardinals. 78

Besides these regular consistories, extraor

dinary ones were held on special occasions. Thus Pope
Clement V. held an extraordinary, public
for the
consistory

purpose of ratifying the election of the Emperor Henry."

2. Although the ordinary consistories were held three
times a week, yet it was found impossible to
expedite the
constantly increasing business of the Catholic world at
80
Hence, in the sixteenth century, the cardinals who
had up to that time discharged the affairs of the Church
only in these general meetings, where they acted as a com
mittee of the whole, were divided
up into various special

them.

committees, to each of which a special kind of business or a

particular sphere of action was assigned.
These committees
were, and are still, called Congregations of Cardinals. Con
sequently the affairs which had formerly been transacted
17

Analecta, Jur. Pont., A.D. 1857,

78

Bangen, the

Roman

79

Clem.,

80

Analecta Jur. Pont.,

de Jurej.

Curia,

(ii.

p.

p. 75.

9).
1.

c., p.

2239.

2236.

in

of the Sovereign Pontiff.

270^

whole college of
cardinals, are now divided up and expedited by the various
committees, each of which consists of a certain definite num
ber of cardinals, officials, and consultors. Hence consistories,
both ordinary and extraordinary, came to be held much
more rarely than in former times. With two or three ex
consistories, or the general sessions of the

ceptions, these congregations are presided over, not by the

Pope himself, but by one of the cardinals, who is called the

From what has been said, it

Prefect of the Congregation.
be seen that consistories may be likened to our National

will

Congress or to a State legislature, sitting as a whole body;

while the Sacred Congregations resemble the various com
mittees appointed by each Congress or State legislature, at
the beginning of the session, to each of which committees a
special class of business is assigned.
Q, What is to be said of consistories at the present day ?
A. The establishment of the various commissions of

cardinals has not, however, done away altogether with con

The latter are still convened from time to time,

sistories.

as occasion requires,

kinds:

present

i,
;

and

are, at the present day, of

two

ordinary or secret, at which only cardinals are

solemn or public, to which the cardinals proceed

2,

great pomp, and to which bishops, prelates, ambassadors,

What matters are now disposed of
etc., are also admitted/
in

ordinary consistories? Chiefly these: i. The appoint

ment of new cardinals. Sometimes the Pope announces all
Not infre
the names of those whom he wishes to appoint.
quently, however, he keeps the names of some of them secret.
Cardinals whose names are thus kept secret are termed
in

riservati in petto.

2.

The appointment

of bishops, the

con

ferring of the pallium, and the transfer of bishops; the erec

3. Important questions
tion, union, and division of dioceses.
affecting the relations of the
81

Salzano,

Church and the

lib.

i.,

pp. 77, 78.

State.

How-

On

2 job

ever,

the Assistants or Ministers

these matters are fully prepared by a special com,

called congregatio consistorialis, before they are

all

mittee,

in the consistory.
Ordinary consistories are
held, not regularly, but only at the pleasure of the Pope,
as occasion demands. Sometimes none is held for months."

brought up

now

What

is done at the present

day in public or extraor
of the red hat upon
The
consistories?
i.
imposing
dinary
new cardinals 2. The issuing of the solemn final decree or
;

resolution concerning the canonization of a servant of God

3. The solemn reception of temporal rulers, or of their am

These solemn consistories are held

bassadors.
like the

ordinary

occasion

may

at present,

ones, only at the pleasure of the

Pope, as

require."

ART.

Of

II.

Sacrae Congregationes.

the Congregations of Cardinals

|3gf 498. Q.

What

is

meant by the Sacred Congregations

of Cardinals?

A.

We have just seen that

down

to the sixteenth century

the cardinals discharged the affairs of the Church in general

meetings, where they acted as a committee of the whole
;

were divided up into

various committees, to each of which a particular kind of
These committees were, and are
business was assigned.
that in the sixteenth century they
84

called Congregations of Cardinals.

Q.
many kinds of Sacred Congregations are there?

still,

How

A. i.

They

are divided into

(a) permanent committees,

or those which are permanently established, (b) and tem
porary, or those which are specially appointed to attend to

some

transient matter only.

2. Both the permanent and temporary Sacred Congre

gations are subdivided into those which expedite affairs per
taining to the Pope (a) as Bishop of the city of Rome (b) as
temporal ruler of the Papal States (c) and as head of the
;

82

Bangen,

84

Analecta, Jur. Pont., A.n. 1857, PP- 2264 sq.

1.

c., p.

76.

83

Ib.

of the Sovereign Pontiff.

As Bishop

Rome, he

entire

Church."

the

Congr. Visitationis Apostolicae,

S.

r.

of

271

\vhich

matters pertaining to the diocese of Rome.

sovereign of the States of the Church, he

is

assisted

attends to
2.

is

by
all

As temporal
aided by the

Congr. Super Consultatione Negotiorum Status Ecclesiae, which

directs both the internal affairs and the external relations
3. Finally, as head of the entire
8
Church, he is assisted by twelve standing congregations, of
which we shall now speak.

of the Pontifical States.

Q. What is the personnel of the various congregations?

A. Each of the Sacred Congregations is composed of
several cardinals, and as a general rule has a cardinalprefect and a secretary, both of whom are appointed

for

life.

in

bishop

partibus? or other prelate, generally

The precise number of

secretary.
to
each
cardinals attached
congregation depends at pres
the

fills

on the

ent

of

office

of

will

the

hB

The

Pope.

alone has no cardinal, but

Sancti

Congregatio

the

as

its

Pope,
pre
congregations, save the Congr. Concilii,
have their counsellors (consultores), theologians, and canon
Officii

fect.

ists,

89

Moreover,

who

all

are appointed bv the

Holy Father

for

90

life.

The

Congr. Episc. had no consultores down to the year 1834, in

81
which year some were also attached to this congregation.
i.

499.
all

The Congregatio

The scope

of this

Consistorialis.

congregation

is

to fully prepare

matters that are to be discussed and decided

in consis

92

This committee was established by Pope Sixtus V.,

has from eight to twelve cardinals, and is usually presided

tories.

83
over by the Pope himself.

86

Phillips, K. R., vol. vi., p. 675.

87

88

Ib., p. 565"

"

Ib., p. 567.

Ib., p. 566.
91

93

Ib., p. 676.

"

Ib., p. 567.

Salzano,

lib. i., p. 77.

Phillips, Lehrb., p. 217,

and Kirchenr.,

Ib.

vol. vi., p. 580.

On

272

the Assistants or Ministers

The Congr.

2.

S. Inquisitionis or S. Officii.

I. This
congregation is charged with the investi
and
gation
suppression of current heresies. At first this
congregation, as established by Pope Paul III. (1542), was
94
but a temporary committee; its present form, as a standing
95
II. The powers
congregation, was given it by Sixtus V.
of the S. Inquisition (sanctum officinni], as determined by

500.

96

are chiefly: i.
Inquirendi, citandi, procedendi, sententiandi et definiendi in omnibus causis, tarn
haeresim manifestam quam schismata, apostasiam a fide, ma-

Pope Sixtus

"

V.,

giam, sortilegia, sacramentorum abusus concernentibus

non solum

"

2,

urbe [zV., Roma] et statu temporali S. Sedi

subdito, sed etiam in universo terrarum orbe, super omnes
"

patriarchas,

in

archiepiscopos

"

tores."

cardinals ;

III.

et

This committee

alios
is

made

of a commissar ius sancti

ac inquisiup of a number of

inferiores

who

officii

presides at

officii, who re
ordinary judge
of
ports cases under consideration to the full committee
99
the
himself
from
counsellors
chosen
Pope
by
(consuttores),
among the most learned canonists and theologians of the

trials as

of an assessor sancti

10I)

of the adpromoter fiscalis i.e., the prosecuting attorney

vocatus reorum, or defendants counsel. The General of the
;

Dominicans, the magister sacri

a theologian of the
lors

by virtue of

palatii, also a

Dominican, and

Order of Conventuals, are

its

counsel

Two

IV.

their position (consultores nati}.

preparatory sittings or congregations are held weekly one

10
The principal con
on Monday, the other on Wednesday.
:

gregation or meeting of the full committee, where final de

cisions in matters under discussion are announced, takes
place every Thursday in the presence of the Pope,
M
**

85

Phillips, Lehrb., p. 217.

07

Const. Immensa.

100

*"

Walter,
101

p. 263.

Craiss.. n. 725

726.

Walter, pp. 262, 263

Ap.

cfr. Salz.
98

Craiss., n. 724.

Phillips, Kirchenr,

1.

c.,

1.

who
c.,

is

p. 791

Salzano,

pp. 590-592.

1.

of the Sovereign Pontiff.

2/3

10

V. Formerly there ex
the prefect of this congregation.
isted also, in the various parts of the Catholic world, local
103

tribunals or courts of inquisition,

subject to that of Rome,
104
these local tri
as also local inquisitors
but at present
105
bunals are everywhere abolished, even in Spain.
The
;

however, of Rome, or the Universal Inquisition,

S, Officunn,

has not lost in importance, and

it

emanate
Tlie

3.

still

has charge of

more

relates

that

all

directly to religion or the purity of faith

10
censures of propositions and the like.

from

"

Congr.

The

Indicts

"Imprimatur"

in

the

United

States.

501.

The

task of examining books

and making a

list

(index} of those which, upon examination, had been pro

hibited, was at first entrusted to the 5. Congr. Lnquisitionis.

As, however, this committee, owing to its other duties, was

unable to properly attend to this matter, Pope Pius V., in
established the Congr. Indicts, whose special and
1571,""

almost sole duty was to examine books that were to be

109
either proscribed, emended, or permitted.
Books against

and morals are

faith

at present

examined and condemned

almost exclusively by this congregation. 110

of several cardinals, one of

whom

It is

composed

prefect of the magister

sacri palatii, the permanent assistant of the prefect; of coun
sellors

and

relators.

is

111

502. Rules of the Index (Regulae Indicts].

According to
the ten rules of the Index drawn up by a committee of

the Fathers of the Council of Trent, and

approved and

112

and later Pon

published by order of Pope Pius IV.
some books are prohibited absohitely ; others but con3

tiffs,"

Phillips,

1.

Salzano,

1. c.,

c., p.

Ib., p. 585.

592.
109

Me

Phillips,
110

IM

103

102

106

Kirchcnr

Our Notes,

m Const.

p. 79.
,

vo<,

vi., p.

n. 402.

Domitiiri A.D. 1564.

107

Ib.

Craiss., n. 723.
Craiss., n. 727.

I09

612.

Ib.,

nl
us

Phillips
Cfr.

Re

Lehrb., p. 219.
1. c., p. 6ri

Kirchenr.,

ff, lib. v., tit. vii., n.

117

On

274

the Assistants or Ministers

ditionally or sub clausiilis.

den

I.

These are

absolutely forbid

All books which were already prohibited prior to the

4
2. All the
year 1515 by Popes and oecumenical councils."
of
and
those
books
of
other
heretics
heresiarchs,
writings
:

i.

which treat ex profcsso of religion." 3. Also obscene books.

and those which treat of astrology, sortilegy, and the like,
4. Finally, all books placed on the Index, without any obser
II. The
vations.
following books are prohibited conditioni.e., until examined and approved in the
filly (sub clausulis)
manner
i. Those books
(donee
approbati fucrint]
proper
and writings of heretics which do not treat ex professo of re
1

"

"

Bibles published in the vernacular without the

120
of
the Holy See,
or without annotations taken
approbation
121
from the holy fathers
or from learned Catholic writers. 1
ligion."

2.

The prohibition of books by

includes the reading and keeping, the
III. The law of
defending and publishing, of such works.
128
the Index
furthermore enacts that no book or writing of
For other

rules, see Phillips.

"

124

the 5. Congr, Indicis

"

any kind

shall be published without the approbation of the

the diocese where the book is published.
of
From
ordinary
we
I.
The
is
to
this
infer:
be given, not by the
approbation

but of the place where the book is

of the Index is more sweeping in
published.
than
the
Council
of Trent.
The latter re
its restrictions
ordinary of the
1

autlior,

The law

"

2.

"

quires the approbation of the ordinary only for books treat

ing de rebus sacris ; the former for all books or publica
129
Tin s law of the Index, however, so far as its
tions.

unlimited application is concerned, seems at present to be

for, even in Catholic countries,
universally in abeyance
;

114

117

140

Regula

I.,

ap. Reiff.,

123

L.

139

Regula X.
Bouix,

c., n.

ns

in.

""

Regula

II.

121

ReifF,

DC Jure

Regula VII.

"

Phillips,

I24

c.

1.

1W

Regula IX.
Regula IV.

c.,

Craiss ., n. 737.

lib.

1.

tit. vii.,

Craiss., n. 743.

Regular., vol.

ii.,

Regula

pp. 613, 614.

ra

Cfr.

Cone.
I25

n. 3;, 7I28

Sess.

pp. 146, 14?.

iv..

PI. Bait

II.

II., n. 16.

Konings, n. 1702
de Edit. libr.

of Ike Sovereign Pontiff.

175

where the Rules of the Index are in force, only such books at
most as treat dc rebus sacris are submitted to ordinaries be

We

fore publication.
say, at most ; for not only through
out the United States, but also in Catholic countries," such

books as treat de rebus sacris are now often published with

out the approbation of ordinaries. Note, it is important to
know the Rules of the Index ; m for the 5. Congr. Indie is ex
amines and passes judgment on books according to these
rules.

132

Q.

503.

Are the Rules of the Index and the decrees of the

obligatory sub gravi throughout the entire

5. Congr. Indicis

Church
A.

They

are

for various

Roman

have time and

Pontiffs

again declared the law of the Index to be binding on all the

133
faithful.
enacts:
Indicem ab om
Thus, Benedict XIV.
"

nibus

et

singnlis ptrsonis, ubicunqne loconun existent ib us, invio"

There
praecipimus.
are some, indeed, who affirm that the Index is not binding,
at least in part, where it has not been received, or where it
labiliter

inconcusse observari

et

13

has been abrogated by custom to the contrary.

Reiffenstuel and Phillips
answer very properly that just laws,
such as those of the Index, in order to be binding, need not
"

"

be accepted nay, that subjects commit sin by refusing, with

out a sufficient cause, to accept a just law.
As to cus
toms abrogating the law of the Index, Reiffenstuel
very
to
the
fact
so
far
from
tolerated
that,
justly points
being
by
;

"

13fl

Roman

customs have been expressly and

repeatedly condemned by them, and are therefore abuses.
Thus Benedict XIV., after having, as we have seen, de
clared that the Index binds everywhere, expressly adds

the

Pontiffs, these

180

Reiff.,
134

131

Cfr. Craiss., n. 764.

132

1.

c.,

Ap. Phillips,

1.

Kirchenr. vol.
,

133

n. 1)9-110.
c.,

p. 6iS,

vi., p.

GiS.

note 34.
I3T

Cfr. Phillips,
Const.

1.

Quae ad

m Reiff.,

Cfr. Supra, n. 30.

c.,

p. 612.

Catholicae, arm. 1757.

lib. v., tit. vii., n.

138

L.

c., n.

113.

117; cfr. n. 90.

On

276
"

Non

the Assistants or Ministers

obstantibus usibus, stylis et consuetudinibus etiain

immemorabilibus,

caeterisque

contrarium

in

facientibus

In all subsequent editions of the Index

quibuscunque."
issued by Papal authority down to the year 1841 the brief
13S
of Benedict XIV. containing this clause was retained.

Pope Leo XII., in his mandate of March 26, 1825, urges

upon bishops the obligation of enforcing the rules of the
Index.
Lastly, Pope Gregory XVI., in his encyclical
Standum esse generaliletters of March 6, 1844, ordains:
"

bus regu

is et

praeposita
504.

d.cretis quae Indici librorum

prohibitorura

habentur."

From what

has been said

it

follows that the Rules

of the Index and the decrees of the 5. Congr. Indicis are

in the
per se obligatory everywhere, and therefore also

United States.

We

141

that not only with

us,

perse; for, considering the

but even in European countries
say,

fact
v.g.,

Germany and France these rules are not, and, owing to the
times in which we live, cannot, perhaps, be observed in all
their rigor, it may perhaps be presumed that the Sovereign
Pontiff does not wish to urge their full observance, and that
consequently the faithful are excused from the more rig
orous observance of each and every Rule ot the Index.
Baltimore thus calls
505. The Second Plenary Council of
vero
Church
attention to the general law of the
"Jam
1

"

14ft

Ecclesiae lege,

libri

ad religionem et Dei cultum spectantes

committi vetantur quod

sine Ordinarii approbatione praelo

lucem prodierint, eorum

si, Episcopo inconsulto aut
lectione est abstinendum.
Quod omnibus in memoriam
14B
hoc decreto revocavit C. Bait. I.
Quoniam multa incomoritura
videntur, ex eo
moda jam orta sunt, et in posterum
invito, in

quod

""Craiss,

141

hujus provinciae (Regionis) dioecesibus

in diversis

As

i40

n. 731.

Prael. S. Sulpit., torn,

to the faculties of our bishops in

""

n. 21
148

Fao. Extr. f\,

Cfr Konings.

n. 2.
149

n.

1707, q.

2.

this

i.,

p 175.

Parisiis, 1875.

matter, see Facult, form

Prael. S. Sulpitii,

Prov.

di-

i.,

n. 33.

1.

c.,

p. 174.

i.,

of the Sovereign Pontiff.

277

versi catechismi et libri prccum adhibeantur, privata auctori-

moneant (Episcopi) fideles tit a precum

in lucena
libellis, qui sine Ordinarii approbation
1&0
Ut"
Again it enacts
editi circuraferuntur, abstineant."
tate editi,

"

(Episcopi, in

dioecesibus sint praela aut typograsuis quisque dioecesibus unum aut

quorum

phea Catholica)
plures sacerdotes

"in

151
.

examini subji-

designent, qui

ad rdigiunem pertinentes,

ciant libros precum, aut aliter

prius-

comapprobatione
for
to the censures incurred
violating
153
the
Constitution
and
Craisson
see
of
the
Rules
Index,
the

quam ab Ordinario
1M
As
mendentur."

Apostolicae Sedis of i869.

T/n

4.

The Council

I.

506.

fidelibus

154

Congregatio Concilli.

of Trent

left

to the Sovereign

the care of enforcing and interpreting

tiff

Pon

enactments

its

I5i

wherever anything should be met with requiring explana

156
For this purpose Pope Pius IV. (1564)
tion or definition.
established the Congr. Cardinalium Concilii Tridentini Inter
II. This committee had, in the beginning, only
pret tun
to see to the execution or observance of the Triden-

power
tine

disciplinary laws

i.e.,

decrees on reform.

"

It

was

empowered by Pope Pius V. to interpret definitively the

Council of Trent in all cases where the congregation was
159
not in doubt as to the meaning of the Council.
Finally,
Sixtus V. gave this committee general powers to interpret
Now, the decrees
the Tridentine decrees on reformation.
of Trent include, so to say, the entire code of ecclesiastical

jurisprudence.

Hence,

plain authoritatively
it

discipline,

C. PI. Bait.

II., n.

152

C. PI. Bait.

II., n.

104

N.

"*

this congregation has power to ex

canon law moreover, in matters of
;

has not only judicial but legislative authority

150

16r

all

I51

502.
"

503.
156

Craiss., n. 1641.

C. Trid.,se-s. xxv.,
Cfr. ib

p. 220.

c. xxi., d.

167

R.
159

C. PI. Bait.

I.,

n. 8.

N. 760.
Sal/.ano, lib.

i.,

p. 85.

Phillips, Lehrb., p. 219.

Cfr.

...

Kirchenr.,

1.

c.,pp. 625-636,

On

278

the Assistants or Ministers

over the entire Church, 160 being empowered to make such

laws as are deemed opportune."
We said above, Tridentine
1

decrees on reformation ; for the

interpretation of the Triden
16
tine decrees in matters of faith is reserved to the
Pope.
III.

Personnel of

t/tis

It

Congregation.

has a greater

of cardinals than the other congregations.

rally an

archbishop

in partibus, is its

gene

prelate,
3

This

secretary."

mittee has these three sub-committees:

number

com

The Congr. Visitationis liminum, which receives the

on
the state of dio
reports
ceses, both as sent to Rome or as made personally by bishops
when visiting Rome." 2. The Congr. particulars super rei.

A number

visione synodoruin proinnciaiiurn.

of consultors arc

attached to this special committee though, as we have said,

no consultors are attached to the S. C. Concilii itself. Both
;

these sub-committees are

presided over by the cardinal-

prefect of the full committee (Congr. Concilii), and have the

165
3. TJic Congr. particularis super
secretary also of the latter.
residcntia Episcoponnn.

The Congr cgatio de Propaganda Fide,

United States.

5.

its re /at ions

to t/u

This congregation was established by Gregory

and consists of a number of cardinals, one of whom
acts as prelect; ol a secretary, who is always one of the
most esteemed prelates: of the assessor sancfi officii ; of
11
twenty -four counsellors and many subaltern officials.
This congregation has entire and exclusive charge of the
507.

XV.

16

New

ecclesiastical affairs of missionary countries.

missions

168

are established and districted by it.

As a rule, a mission
is first entrusted to a simple priest, as praefectns apostolicns.
When the mission is farther advanced, a vicarius apostolicus
is

appointed

he

is

made bishop

or archbishop

100

"

Phillips,
16V
1Bt

187

in partibus

1.

c.,

Ib., n. 760.

Analecta,

J.

P., A.D. 1857,

"

Ib.

Phillips, vol.

Craiss., n.

pp. 634, 635.

>"

vi.,

p 668

769

1C4

p.

2387.

Ib.,

p. 638.

Const. Inscrutabili, 22 Jan., 1622.

""

It>.,

pp. 669. 670

cfr.

Craiss., n.

?8<x

of the Sovereign Pontiff,

79

assigned him yet a

diocesan organization, canonicallv complete, is not thereby
effected.
Hence, such a bishop remains an auxiliary bishop

Sometimes a

fixed place of residence

of the Pope.

For that reason,

is

missionary bishops are

also,

not appointed in consistory, but on the nomination of the

16
With us, the consultors and irremovable
Propaganda.
rectors on the one hand, and the bishops of the province on
the other, recommend to the Propaganda three candidates

becomes vacant. 170 Countries are con

m so
sidered missionary and remain under the Propaganda

when

a bishopric

"

long as the organization of their dioceses is incomplete

not in every respect conformable to canon law v.g., if
in other words, until canon law
chapters do not exist;
/>.,

fully obtains in

them.

508.

may be incom

Dioceses

Powers of the Propaganda.

plete as to their organization chiefly in two ways: i, some

dioceses are as yet in the course of organization "*v.g., dio
2, others which, though once
became
disintegrated by the inroads of
fully organized,
in
once Catholic. Wherever the
countries
schism or heresy
organization or form of government of a diocese is not and

ceses in the United States

175

its ad
cannot be made entirely conformable to canon law,
ministration devolves directly on the Pope, who has juris-

ordmaria

J7li

Now, the Sovereign

every diocese.
Pontiff"
manages the affairs of missionary countries through
the Congr. Prop. Fidei.
Hence, this committee has exclu

dictio

in

sively the direction of ecclesiastical affairs respecting mis

say, exclusively ; that is, the Propa
sionary countries.
is for missionary countries what all the other congre
ganda

We

gations combined
perfectly

are for

countries where

are

dioceses

While, there

etc.

organized, having chapters,

matters from canonically -organized die-

fore, ecclesiastical

"
""

Phillips, vol. vi., p. 670.

Phillips, Lehrb., p. 223.

173

Cfr. Phillips, Kirchenr.,

c., p.

663.

Ib.

cfr. ib., p.

223.

PI. Bait. II., n. 106.

Cfr. ib.,

174
1.

Ib.,
17

">

Cone.

126, p. 235.

Lehrb.,

p. 235.

Cfr. ib.. Kirchenr.,

1.

p.

665

On

>8o

ceses

the Assistants or Ministers

must be referred

to the respective congregations

of
the
having charge
specific affair, those from missionary
countries must be referred exclusively to, and are arranged
solely by,

said:

the Propaganda.

Cact eras

Hence, of

tongregation.es Jiabet in

sionary countries the

combines in itself the

this

congregation
1

venire"

i.e.,

it is

for mis

Propaganda is the sole congregation,

powers and discharges the duties or

functions not merely of several, but of all the other

congre
gations so that while the priests and bishops of countries
;

where canon law obtains must

refer matters to the respec

and bishops of missionary

countries must, in all cases, address themselves to the Propa
ganda, but to no other congregation. Thus, this committee
tive congregations, the priests

for missionaries the exclusive court of appeal in all cases

of dispute it alone solves questions proposed to the Holy
See by missionaries.
Observation.
From what has been
said we infer: All priests or bishops in the United States
is

having recourse to Rome, whether for the sake of appeal

ing v.g., from alleged acts of injustice on the part of
bishops or by way of asking for faculties or decisions in
controverted matters in a word, in all cases must address

themselves to the Propaganda, and to no other congrega

tion (H, p. 503).
In the
509.

young men

of

seminary attached to the Propaganda""

every nationality are educated for the va

rious missions of the world.

In the printing-office attached

to the

Propaganda books are published in every language

for the use of missions.
The full committee (Congr. genera179
on a Monday. The meeting is
Us) meets once a month,
generally held in the Propaganda sometimes in the pre
sence of the Pope.
The sub-committee, composed of the
cardinal-prefect, secretary, and several subaltern officials,
;

17T

Phillips,
78

1.

c., p.

This seminary

established

it.

is

663.

named

Collegium Urba num, after

Craiss., n. 781.

Pope Urban

"

Phillips,

1.

c.,

VIII.,

vol. vi., p

whc
666.

of the Sovereign Pontiff.

281

meets once a week in the house of the cardinal- prefect it

attends to matters of minor importance, reserving those of a
181
Pius IX. divided
graver character to the full committee.
;

the

Propaganda

two parts

into

other, pro

ritii

oriental i.
6.

I.

510.

rium.

I.

one, pro

ntu

latino ; the

* ~

Other Congregations.

Tlie

The Congr. super Negotiis Episcoporiun

Though

originally

two

et

Regula-

distinct congregations,

18

"

the Congr. Episcoporum and the Congr. Rcgularium were soon

186
united into one, probably
II.
already by Sixtus V.
Powers of t/iis Congregation.
It has charge of all matters
lfl4

whatever relating to bishops (omnia negotia episcoponun)

it settles
religious communities (negotia rcgulariuni)
and
their
disputes between bishops
subjects, as also be
tween bishops and religious communities. 18
It
has, in
or

"

fact, jurisdiction in all

dogmas or require

matters, save those which relate to

the

interpretation

of the

Council of

!87

hence it is termed congrc^atio universalis. Its per

similar to that of other congregations.
III. Mode
8
In
cases
referred
to
it
this
commit
of procedure.
deciding
Trent

sonnel

is

"

tee proceeds either judicially, though summarily, or extrajudicially, according as the matter is of a contentious or vol
1M

When a question of dispute v.g., between

a bishop and a parish priest is brought before this commit tee,
its usual course is to write to the
bishop against whom the com
untary character.

if he fails to furnish a satisfactory

report, to
the metropolitan, to a neighboring bishop, or also to other
trustworthy persons, for a statement of the case. Upon re

plaint is lodged, or,

ceipt of such statement the

100

lwi

1M

Phillips, vol. vi., p. 668.

Phillips, vol.

189

Phillips,

1.

vi., p.

Salzano,

lib.

c.,

""

"*

Craiss., n. 782.

**

committee proceeds to discuss

p. 86;

iSt:2,

Jan.

6.

1BS

Const Immensa Aeterni, A.D.

""

Ib.

642.

pp. 645, 646.

i.,

In

Ib., n. 770.

Santi, Prael.

1.

1587.

"**

i,

pp. 640, 643.

t.

31, n. 59, 86.

Ib., p. 644.

On

282

and

settle

the Assistants or Ministers

the case.

ls

The

decision reached

communi

is

cated to the bishop, 191 either directly or through some neigh

boring prelate. In matters relating to religious communi
ties the procurator-general of the respective religious order
is

applied to for information as to the case.

511.

II.

Tlie Congr. Sacrorniii

which was established by Sixtus

This committee,

Rituuin.
1!"

is

V.,

empowered:

i.

To

prevent anything superstitious from getting into the cere

monies or liturgy of the Church. 2. To bring about uni
formity of worship by enforcing the ordinance of Pius V.
to wit: That the ceremonial of the Roman Church,
"

especially as regards the Masr, the office, and the ad

ministration of the sacraments, should be observed by all

the other churches of Christendom.

3.

Hence, to correct

191

the missal, breviary, pontifical, ritual,

and ceremonial. 4.
To conduct the proceedings respecting the canonization ol
saints.

101

512. Q.

What

is

the force of the decrees and decisions of

Rituum ?
A. There are two kinds of decrees

the Congr.

S.

some, and by far the

are
in
the form of answers
number,
particular,
greater
being
to individuals or particular churches
others are general,
:

either expressly
aequivalenter

when addressed nrbi et orbi

when explanatory of general rubrics

or

v-g;

v.g.,

11

e.g.,

those in the beginning of the Missal or Breviary.

Now,
all decrees which are expressly general are obligatory
every
where; decrees which are general aequivalenter also bind uni
versally,

"

provided they are dcclarationes comprehensivae.* As

it is certain that
they have the force

to particular decrees,
JBO

IW

Sahano, lib. i., p. 86.

Bulla hnmensa Aftetni ;

m
cfr.

Bened. XIV.,

lfl3

cap. xvi.-xix.

106

""

m
Jl

Phillips,

Phillips,

1.

c.,

Traiss., n. 775

p. 654.
;

Cfr. supra, n. 70

cfr.

supra,

n. 77, 78, 81.

1.

pp. 646, 647.

c.,

De Sen oruin Dei

1P7

Salzano,

1.

flfa if, etc.

c., p. 87.

Ib.

O Kanc

Notes, n.

29.

of the Sovereign Pontiff.

whom

283

they were given but are they

are they obligatory also in casibus
Here a distinction must be made between those
limilibus ?
in form, are
particular decrees which, though particular
9
in sub
nevertheless
general and applicable everywhere,
in
an ex
are
which
those
and
and
stance
intent,
particular,
of law for those for

on

also binding

all

i.e.,

"

not only in form, but also in intent

a dispensation or privilege, or are
v.g., those that imply
Now, it is
of
account
on
special local circumstances.
given
20
in
the
particular
certain that the latter are binding
only
whether the former are
cases for which they are made
clusive

manner

i.e.,

2C

St. Liguori
a disputed question.
universally binding
but he
not
are
that
seems inclined to the opinion
they
is

afterwards modifies this opinion by adding that, when such

decrees are universally known, and are thus, in tact, pro
reference of
mulgated by long usage and the constant,
203
all.
Note, how
authors to them, they are binding on
are solemnly
ever, it is certain that, when particular decrees
the entire Church, they

to

promulgated
on all.

become binding

Reliquiarum was
203
Its duty
made a standing congregation by Clement IX.
indul
of
matter
in
the
consists, i, in preventing abuses
those
etc.
2, in authenticating relics, especially
5! 3.

The Congr. Indulgentiarum

HI.

gences,
taken from the Catacombs of

et

Rome. 204

For the remaining

205

congregations, see Craisson.

in general.
514. The Congregations

In conclusion,

we add

a few words on the rights, etc., common to all the congre

in
I. All congregations have jurtsdictio ordinarin
gations.
their
to
entrusted
in matters
their respective spheres
?>.,

199

201

203
204

Cfr.

O Kane,

20C
1.

c., n. 29.
2oa

Lib.

2.

n. 106,

quaer.
Const. In Ipsis, 1669 (B. M.,
i.,

Phillips,

1.

"Phillips,

1.

c., p.

661.

c., p. 569-

Cfr.

n. 173,

n. 35.

Konings,
Kane. 1. c.,

torn, vi., p. 283).

M6

L.

c., n.

783 seq.

quaer.

4.

On

284

the Assistants or Ministers

by their mandates or commissions; nay, they

constitute one and the same tribunal with the Sovereign
4
Pontiff hence, there is no appeal from them to the Pope.
cognizance

"

They resemble, in their powers, the vicar-general of a

diocese.
They are in fact the vicars-general of His Holiness
is

the

Pope

Rome

Church, just as the Cardinal Vicar of

for the entire

Their
s vicar-general for the diocese of Rome.
does not lapse with the death of the Pope yet

jurisdiction
it should, so to say, lie
08

dormant during the vacancy

of the

during such
vacancy, apply themselves chiefly and almost exclusively
and without any delay to the election of a new Pope.
Hence they should not do anything else, although they can
chair.

Papal

For

the;

cardinals

should,

provide for urgent cases brooking no delay. Consequently

or of a
they have not the powers of a cathedral chapter
diocesan administrator, sede vacante
Thus Pope Innocent III. (1243-1254) decrees:

quoque

cardinales

accelerandae

provision!

"

lidem

(election!

S.

nequaquam de alio
Pontificis) sic vacent attentius, quod
innegotio intromittant, nisi forsan necessitas adeo urgens
cideret, quod eos oporteret de terra ipsius ecclesiae defense

denda

vel ejus parte aliqua providere, vel nisi aliquod tarn

grande

et tarn

evidens periculum immineret, quod omnibus

concorditer videretur

et singulis cardinalibus praesentibus

illi

celeriter occurrendum."

Pope Clement V. (1305-1314) confirms the above and

His
all acts of the cardinals done to the contrary.

annuls

words are:

Irritum et inane decernentes, quidquid potestatis aut jurisdictionis ad Romanum, dum vivit, Pontificem
"

pertinentis (nisi quatenus in constitutione praedicta

i.e. cap.
coetus
de elect,
i
6, permittitur),
ipse (Cardinalium)
11
-cluxerit, eadem vacante ecclesia (Romana) exercendum."*

in

""

5119

* 8

Craiss., n. 785.

Schulte, K. R.

vol.
*"

i.,

2I

p. 102.

Clern. cap.

2,

Phillips,

Cap. T de
de Elect, (i.

K. R., vol.
elect, in 6
3).

vi., p.
(i.

6).

570.

of the Sovereign Pontiff.

285

Forms used by the various Sacred Congregations in de

The Sacred Congregations, being the su
of the Church, do not, in giving a decision,
tribunals
preme
set forth the reasons upon which it is based.
They render
their decisions sometimes in one word, such as affirmative,
and sometimes in short phrases. We shall now briefly ex
plain these words and clauses.
II.

ciding matters.

Some of the resolutions of the Sacred Congregations are

such as put off the decision for further examination others
The former are
are such as contain the decision rendered.
i.
Non
forms
in
the
; that is, the
proposita
following
given
;

matter could not be decided

that the session

was

in the session,

finished before

it

owing to the fact

was reached. Such

deferred matters are usually the ones first taken up in the

next session. 2. Iterum proponatur ; that is, the matter or
case was indeed discussed in the meeting of the Sacred
Congregation, but, the opinions of the cardinals being di

vided and the matter not being altogether clear, no de

was arrived at, and the matter is therefore to be
brought up again at the next session. 3. Dilata, which

cision

means that the matter was indeed discussed, but that

is

a sub

missing or wanting, and that the case

proof
therefore put off to a future session. Sometimes the de

stantial act or

cision

is

The

is

dilata et coadjuventur probationes.

resolutions which contain a decisive answer are usu

i.
Affirmative or negative ; that is,
given in these forms
the case is decided affirmatively or negatively and unfavor
ably. 2. Sometimes to these words is added the clause et am:

ally

which means that the case or matter has been fully and
completely discussed and decided unanimously, and there
fore will not be reconsidered by the Sacred Congregation,
nor the favor of a new hearing granted, except by special con
cession of the Holy Father or of the Sacred Congregation.
Here we observe that when the decision is simply affirma

plius,

tive

or negative a

new

\\e?*.v\v\g(beneficium

novae audientiae] be-

On

286

the Assistants or Ministers

same Congregation which gave the decision is

granted, as a matter of course, upon the application of the
losing party, made within ten days after the decision was
of refusing
rendered.
3. Non expedire, which is a mild way
a request. 4. Lectum or relatnm ; that is, the request was
read in the meeting, but was not admitted. 5. Reponatur ;
that is, no answer is given, but yet the papers or the re
fore the

21

quests are to be placed in the archives of the Sacred Con

gregation. 6. In decretis or in decisis, which means that a

previous decision rendered

in a

case by the Sacred

Congre

gation, against which a new hearing or reopening of the

case has been granted, is reaffirmed.
When, in the new
its first decision,
reverses
hearing, the Sacred Congregation
it does so in these words: recedendum a decisis, etc.
7. Some
times to the decision are added the words ad mentem,

which signify that the Sacred Congregation modifies the

decision in accordance with the principles of equity. At
times this mens is explained with the decision in the words
mens est, etc. At other times the mens is not thus explained
and published by the Sacred Congregation, but is merely
sent to the ordinary
decision.

who

is

charged with carrying out the

General manner in which the Sacred Congregations dis

Before all else, it should be
pose of ecclesiastical affairs.
the
in
mind
that
Sacred
borne
Congregations are tribunals
III.

Holy See for the external government of the Church,

and consequently only for matters which pertain to the ex
Hence when applications are made to them
ternal forum.

of the

the real names and surnames of the parties are always to

be stated. All matters which belong to the forum internum

should be brought before the Sacred Penitentiary

not the real, names of the parties for
asked are given.

fictitious,

thing

is

Next we must distinguish between

contentious
*"

S. C.

i\\-\<\

EK.

et

1835. art. 14; 1834, art. 13

here the

whom some

extrajudicial or non-

judicial or contentious affairs

RR..

With regard

Bangen,

1.

c.,

p.175-

of the Sovereign Pontiff.

287

to extrajudicial matters, or those about which there is no

contention between parties, they are either of considerable

importance or
matters

v.g.,

not.

The

less

indults which

important non

do not

contentious

affect the rights of third

be and are usually expedited by the cardinal

or by the secretary alone, of the
and
secretary,
prefect
respective Congregation. But all non-contentious matters
of importance, v.g., the approval of the rules of a new re
and
ligious community, belong to the full Congregation,

may

parties

cannot, therefore, be transacted by the prefect or secretary.

So far as concerns judicial or contentious matters, v.g.,

an appeal from the decision of a bishop, they cannot be ter

minated by the cardinal prefect and the secretary, but
must be brought before the full Congregation, and adjudi
cated in a judicial though
of the respective

meeting

erally once every month.

summary manner, in a plenary

Sacred Congregation, held gen
We sa.\ judicial manner ; that is,
,

the parties agree upon the dnbia which form the

present their

tatio ;

As

lit is

contes-

in writing, etc.

arguments
monthly meetings

a rule, in the full

of the various

Sacred Congregations, the secretary of the respective Con

gregation reports on the cases or matters to be decided
that is, he presents to the assembled cardinals an impartial
;

summary statement

of

each case

(restr ictus facti et juris],

together with the arguments pro and contra ; reads extracts

from the documents submitted by the parties, etc. We say,

Sacred Congregations, v.g., in

that of bishops and regulars, a cardinal is always ap

as a rule

in

pointed

for in

some

of the

contentious non-criminal causes, ut videat

et refe-

rat ; that is, to prepare the case beforehand, and to report

on it in the full monthly meeting of the Sacred Congre
3

gation,"

In regard to applications addressed to any of the Congre

gations, the rule is that letters should not be sent directly
in the office of the secretary
bv mail, but must be

presented

Bangen. Rom. Curia, pp.

173, igO

Phillips. K. R.. vol.

v-i..

p.

573.

On

288

the Assistants or Ministers

of the respective Congregation by an agent (agens) or other

say, the
person, who will also call for the answer.
rule is ; because, especially at present, letters may be and

We

often are sent to and

answered by the Sacred Congre

gations directly by mail.

ART.

III.

Of the Roman
By Roman tribunals we

Tribunals.

here mean certain bureaus

515.
or boards, which are distinct from the Sacred Congrega
tions of Cardinals, and through which the Pope transacts

These departments are com

certain affairs of the Church.

posed mainly of prelates and ecclesiastics who are not car

dinals, though, as a rule, they are presided over by one of
the cardinals, as their chairman or president. Since the
establishment and development of the Sacred Congrega
tions of Cardinals these boards or at least some of them

have gradually

greater part of the power they for

For a considerable share of their former

lost the

merly possessed.
authority is now exercised by the Sacred Congregations,
which are commissions entirely composed of Cardinals.

The

516.

tribunals of the

Roman

Curia are of three

the adjudication
i, tribunals or courts of justice, for
matters
of contentions
2, tribunals or
(tribunalia justitiae)

kinds:

departments

for the granting of favors

and the arranging

of

non-contentious affairs (tribunalia gratiae]

3, tribunals for
and
letters
documents
of
the expedition
Papal
(tribunalia
;

exfeditionalia)

Roman

i.

517. Q.

justice

Which

Tribunals of Justice.

are the

Roman

Pontifical

tribunals

of

A. These:

I.

The Roman Rota (Rota Romano), so named

its twelve judges (auditores rotae] sit in a

and vote by rotation (rotatio] or turns, four only

because

914

Phillips, K. R.. vol. vi., pp. 484, 495.

circle (rota)

at a time.

214

of the Sovereign Pontiff.

289

origin dates back to the earliest ages of the Church.

From the earliest days, Popes referred causes brought
Its

before them to referees or auditors for examination and

These auditors gradually formed a college or as

sociation, and began to decide cases as a collective judicial
report.

The

body, called the Rota.

latter existed already prior to

1326, as a college of judges, with full Papal authority.

Its jurisdiction as regards the universal Church

"

is

at

present greatly restricted, being confined to those matters

which are specially committed to it by the Pope. 316 This
its powers is due mainly to the establishment
Sacred Congregations, which now decide nearly all
those contentious matters which were formerly adjudicated

restriction of

of the

by the Rota.
The Apostohc Treasury Department (Rev. Camera
which
might be compared to the treasury and
Apostolica),
interior departments of the United States, dates back to the
eleventh century (1044), and has charge of the Papal finan
ces, and exercises contentious jurisdiction in financial mat
21
ters.
Formerly it possessed jurisdiction even in criminal
matters ovef the entire Church. Its jurisdiction in the latter
respect has now passed to the Sacred Congregations. The
Camera Apostolica is composed (a) of a cardinal, as its head
518.

who

is,

Suncta

II.

on that account, called Camerarius Camerlengo di

Chiesa or chamberlain and treasurer of the

Romana

Holy See

(b) of

a substitute, or assistant treasurer

(c)

of

an

auditor (Auditor C. Apostohcae] (d] of a number of prelates.

The powers of the cardinal chamberlain do not expire
;

with the death of the

Roman

Pontiff, but,

on the contrary,

become very extensive during the vacancy of the Holy See.

For as soon as the Pope dies, he at once takes possession of
815
* *

"

Bangen,

1.

p. 297.

Phillips, Lehrb., p. 224

Bangen,

1.

c.,

Craiss.,

pp. 346. 347.

Man.,

n. 798.

On

2 go

the Assistants or Ministers

the Papal palace, and obtains complete charge of the Papal

household. He conducts all the arrangements for the
funeral of the deceased Pontiff.
Moreover, he has full
218

charge of the conclave for the election of the new Pope.

In a word, during the vacancy he represents the Holy See,
and together with three other cardinals, namely, the oldest
cardinal bishop, the oldest cardinal priest, and the oldest
cardinal deacon, stands at the head of the government of

the entire Church.

When

he appears

panied by the Papal Swiss Guards.

in public,

he

is

accom

219

so termed because
519. III. The Signatura Papalis Justitiae,
of the Papal signature (signature?) affixed to its acts or deciIts
of the Church.
.sions, elates back to the earliest ages
referees (Consiliarii, referendarit] are mentioned already in
In 1484, the signature/,, which down to that time had
590.

decided both contentious and non-contentious matters, was

divided by Pope Innocent VIII. into two distinct branches,

one

for contentious, the other for non-contentious, affairs.

The former was

gratiae.

virtue of

called signatura Justitiae, the latter signatura

Formerly the signatura

its

220

justitiae

was possessed, by

general commission, of jurisdiction

in all

matters

which were of a contentious character, and which were

of the
brought before the Holy See from the various parts
But at present, owing to the establishment
entire Church.
of the Sacred Congregations of Cardinals, which exercise full
the signatura justitiae has
jurisdiction in contentious matters,
almost entirely ceased to exercise the jurisdiction formerly
of thirty or
It consists of a cardinal, as prefect
vested in it.
;

more
have
8)8

of whom, however, only twelve

prelates, as referees,
a vote, and are therefore called praelati votantes

Clem. XII., Const.

Ad

Perpetttam, 1732; Bangen,

Rom.

Curia, pp-349. 353-

vol. vi., pp. 407, 416.

Phillips, K. R., vol. v., p. 728;
250

"

Bangen,

1.

c.,

p. 374.

Phillips, Lehrb., p. 225.

of the Sovereign Pontiff.

2.

520.

favors

Q.

Which

291

Tribunals of Grace.

are

the

Papal tribunals of

grace or

A. The following: I. The Datary (Dataria], which is so

called from the fact that Papal concessions or favors such
were carefully dated, and the
as appointments to parishes
date registered by an official of the Pontifical court, in order
to prevent litigation among the parties. Its origin dates back

to the thirteenth

It is the organ or department

century."
which
the
through
Pope grants dispensations from public
impediments of marriage, and therefore pro for o externo, and
also makes appointments to parishes reserved to the Holy

See, or grants pensions, etc.

head of this tribunal he is
;

A cardinal

generally at the
Pro-datamus, because the

named

datary is not properly a cardinal s

him an assistant pro-datarius, and a

is

office.

He

"

number

has under

minor

of other

officials
such as secretaries, copyists, etc. All the letters
and documents containing the favors accorded by the da
tary are made out and expedited either by the apostolic

chancery or through the office of the secretary of apostolic

briefs, according as they are to be made out in the form of
a bull or of a brief.
The datary does not itself directly
send or expedite the dispensations or favors granted by
334

it.

The Sacred Penitentiary (Sacra Poenitenttaria\

which dates back to the seventh century, is the organ qr
521.

II.

tribunal which grants, in the name of the Pope, spiritual

as a rule, only
favors, such as absolutions, dispensations,
and
also
directly expedites the favors
.pro foro internal

granted by
^"

*-

Bangen,

it.

We

say favors

in

s<:!

1.

Ib., p. 621.

c., p.

398.
*"

other words, this tribunal

Stremler, Des Peines Eccl

Baiigen,

1.

c., p.

419, 420.

p. 620.

On

292

the Assistants or Ministers

to render
irregularities
occult im
of
an
are invalid because

has power to dispense in

occult

marriages valid which

to the Pope
pediment to absolve from censures reserved
;

We

or to the bishop, etc.

This is the general rule

say also, only pro foro interno

for in certain cases, specified in

law, the Sacred Penitentiary can grant favors also pro foro

Thus

externo.

of

in

marriage

can grant dispensations from impediments

favor of poor persons who cannot pay the

it

by the

fees required

datary."

presided over by a cardinal, called

Poenitentiarius major, who has extensive Papal powers, and
whose jurisdiction as to the forum internum does not lapse

This tribunal

is

with the death of the

Pope.""

He

assisted

is

by

whose duty

a theo

to
and other officials,
receive, examine, etc., and expedite the requests addressed
To him are also subject the poenitentiarii
to this tribunal.
minores, or the confessors selected from the various relig

logian, a canonist,

ious orders to hear confessions at the three

Rome, namely,
229
Mary Major.

churches

and

St.

in

St.

Peter

s,

St.

it is

patriarchal

John Lateran,

Petitions for dispensations, absolutions, etc., pro foro inBoth the peni
tribunal.
terno, should be addressed to this
tent and the confessor

the

may apply

major penitentiary.

vernacular.
522.
is

the

28

Letters

directly and by mail to

may be written in the

"

The Signatura Grattaethe

board or bureau of the Pope

III.

signature for favors

for non-contentious

and privileges other than those

him
which are granted by
through the datary or the
Sacred Penitentiary. It consists of a board of auditors or

matters, that

referees, to

126

is,

for favors

whom

formerly petitions for favors addressed

Bened. XIV., Const. Pastor Bonn*.

*"

2; *

Ib., p. 617.
*

i>0

Craiss.,

Man.,

n. 795.

Stremler,

1.

c.

p. 616.

of the Sovereign Pontiff.

Pope were referred

to the

for

293
1

examination and

report."

We

to the fact that the

say formerly ; for at present, owing
various sacred commissions of cardinals attend to nearly all
such matters, this tribunal has lost the greater part ot its

former powers.

Tribunals of the

3.

Roman Curia for

the Expedition

of Papal

Letters or Documents.
523.

As

their

name

indicates, these bureaus or boards

have charge mainly of the

official epistolary correspondence

of
or
the tribunals through which the
of the Roman Pontiff
say mainly ;
Pope grants favors or renders decisions.

We

for besides being, so to say, the medium of communication,

are also empowered to grant certain favors and render

they

certain decisions.

Hence

their duties are not restricted to

letters containing favors or decis

Roman
other
tribunals, v.g., by the datary, the
ions given by
It is to be noted
Rota, or by the Sacred Congregations.

making out and sending

also that at present the Sacred Congregations very often

communicate their decrees, decisions, and answers direct
ly to the

parties,

and not through any

of the expediting

tribunals.
Q.

Which

or bureaus

is

Pontifical expediting tribunals

A. These:

This

Roman

are the

I.

The Apostolic Chancery (Cancellaria Apostolica).

the oldest expediting tribunal of the

some authors dating

its

origin back to

St.

Holy

Peter himself.

See,
It

letters which are

expedites at present only those Pontifical
made out in the form of bulls. The following are the chief
affairs expedited in the form of bulls
(a) All matters dis
cussed and arranged in the Papal consistories, of which the
The affairs archancery is, so to say, the secretariate.
:

*"

Eiangen,

1.

c.,

391 sq.

On

^.y^.

ranged

the Assistants or Ministers

in the consistories are chiefly the

appointments of

archbishops, bishops, abbots, and certain other dignitaries

the conferring of the pallium the erection, union, division,
and extinction of bishoprics. (U) All Pontifical constitutions,
;

decrees, laws, and other acts which require the solemnities

(c) Finally, favors, etc., granted by the apostolic

of bulls,

233

datary when they require the form of bulls.

This tribunal is always presided over by the cardinal of
the church of Saw Lorenzo in Damaso, which

is

enclosed

in

the palace itself of the chancery, where also this cardinal

He is assisted by a director of chancery
has his residence.
(regens cancellariae], by secretaries or copyists, etc., and by a
board of prelates, which is called Collegia de Prelatt A bbreviatori deV Parco Maggiore, and which constitutes, a sort of

tribunal

where doubts and

difficulties that

ative to the formulas and clauses of decrees

discussed and decided.

The

when

arise rel

and

bulls are

233

cardinal-chancellor

called vice-chancellor,

is

bly because the chancellorship

office.

may

was not formerly

proba

a cardinal s

His jurisdiction lapses with the death of the Pope v

also the seal of the apostolic chancery is broken in

the presence of the

strictly

cardinals.

accordance

in

with

234

The

tribunal

proceeds
seventy Regulae Cancel-

the

Bulls are generally signed by the cardinal vicechancellor and by the chancery regent. Only consistorial
bulls of great importance are signed by the Pope himself.

lariae""

II. The Secretariate of Briefs {Secret aria Breviuiri] is the

bureau or department through which the Holy Father de
spatches Papal letters or documents which are made out in
the form of briefs. This tribunal dates back to the middle
Briefs, which we have already described (supra, n. 47,
ages.

48),

832
834

named

are so

Stremler,
Craiss.,

in contradistinction to bulls.

c.,

p. 623.

Man.,

n. 789.

1.

The

83

Ib., p. 622.

336

Phillips, Lehrb., p. 227.

latter

of the Sovereign Pontiff.

295

are Papal letters drawn up with great length and with many
formalities and technical clauses.
Briefs, on the contrary,

contain

many

in

an abbreviated form

technical phrases,

what

(in brc-ci

forma], and without,

bulls state at greater length

and with more formality. 536 Briefs are signed, not by the
Pope, but by the cardinal secretary of briefs and by his
assistant secretary.
They are stamped with the red seal of
the Fisherman s ring.
This ring, or rather its seal, repre
sents St. Peter sitting in a bark and holding in his hand a
237
They are dated thus: "Given at
fishing rod or net.

Rome, in St. Peter s, under the Fisherman s ring," etc.

The secretariate of briefs expedites by Papal briefs per
mission to alienate

ecclesiastical

property, dispensations

from want of age when there is question of promotion to

sacred orders, indults to have a private oratory with the
Blessed Sacrament, etc. Through this office are also de
spatched the greater number of favors, etc., accorded by the
For, as we have seen, the datary merely
apostolic datary.
receives, examines, and grants the requests of parties, and
then remits the matter, for the issuing of the rescript to the
parties, to the apostolic chancery or to the secretariate of

The more important papers are issued

apostolic briefs.
from the chancery in the form of bulls the less important
;

from the secretariate of briefs in the form of

This secretariate sometimes also issues in the form

ones,

briefs.""

briefs

letters

containing favors,

decisions,

decrees,

of

etc.,

which emanate from the Sacred Congregations. We say

sometimes; for, in most cases, the Sacred Congregations

now themselves

expedite directly their resolutions, decrees,

indults.

This secretariate is presided over by a cardinal who is

termed Pontifical Secretary of Briefs (Secrctarius Breviuui).
MS

Bangen,

1.

c., p.

* 31

427.
838

Ib., p. 624.

Stremler,

1.

c., p.

624.

On

296

He

the Assistants or Ministers

by a prelate, who is assistant secretary by an

several
subsecretaries, and by a bookkeeper.
assessor, by
The rule is that the cardinal secretary of briefs cannot
assisted

is

grant favors, but merely expedites those granted by the

Sacred Congregations, etc. We say, the rule is ; for he has
power to accord certain favors even without asking the
39

Pope/
III.

The

Secretariate of State (Segreteria di Stalo),

located in the Vatican palace

Church. It
the Pope
which
department through
rior of the states of the

affairs

who

with the

civil

which

is

the ministry of exte

is also the tribunal or

itself, is

210

At

powers.

treats of ecclesiastical

head stands a cardinal,

Under him are a prelate,
its

called secretary of state.

as assistant secretary several subsecretaries, called minuis

and other

tanti ;

IV.

The

Secretariate of Memorials (Secretaria Memoriaits offices in the palace of the apostolic

which has

lium],

chancery,
ines,

officials.

is

the bureau of the

and answers

all

Pope which

requests for favors,

receives,

etc.,

exam

addressed to

Pope more directly as a temporal sovereign. It is pre

He is assisted by a.
sided over by a cardinal as secretary.

the

prelate, as assistant secretary

by several minutanti,

SECTION

etc.

II.

Ministers of the Sovereign Pontiff

"

Extra

Curiam"

Legates, nuncios, delegates, vicars, and prefects apostolic

we have seen, 341 pontifical ministers or assistants extra

are, as

curiam Romanam, or outside of the Papal court.

Stremler,

1.

c., p.

24

625.
341

Supra,

n. 486.

Phillips, Lehrb., p. 228.

oj the

297

Sovereign Pontiff.

ART.

I.

and

Apostolic Legates, Nuncios,

Delegates.

Apostolic legates, nuncios, and delegates (legati, nuntii,

in general, are persons appointed
delegati apostolici], speaking
or sent by the Holy See to the different countries or parts

purpose of representing and acting

for the Supreme Pontiff either in the exercise of Papal juris
of

Christendom

for the

diction or in a non-jurisdictional

We

capacity."

etc.
say, either in the exercise,

the present day, two kinds

For there

of apostolic

are, also at

envoys:

i.

Those

who have no

real ecclesiastical jurisdiction in the country

which they are sent. Such are, for instance, those who
are sent by the Pope to represent him, at the courts of

to

or to present the
princes, in a purely diplomatic capacity,
Pontiff s congratulations to rulers, or to represent him at

some great

state or

dinalitial beretta to a

church ceremony, or to bring the car-

new

cardinal living outside of

Rome.

These are called delegati legati non judices or ablegati.

2. Those who are clothed with Papal power or jurisdic
tion, more or less extended, to be exercised by them in the
country or district, called their province, to which they are

These ambassadors, therefore, are the representatives

of the Roman Pontiff in the exercise of the supreme, ordi
vested in him over the
nary, and immediate jurisdiction
Of
these
world.
whole Christian
only shall we speak in the
present article. For it is evidently unnecessary to dwell
sent.

further on Papal envoys

who

are sent without any juris

diction.

We
who

shall therefore inquire with

regard to Papal envoys

are vested with Pontifical jurisdiction

544

Schmalzg

1.

i.,

30, n.

r.

(a)

what right

On

298

the Assistants or Ministers

the Pope has to send them to different countries (b) what

has been the practice of the Holy See, at various times, in
regard to sending them; (c) how many kinds there are;
;

what are their functions and powers.

(d]

Right of the Holy See

to

Send Envoys.

The Vatican Council has dogmatically

defined that the

Roman

Pontiff possesses supreme jurisdiction over the entire

Church, that is, over the laity, clergy, and episcopate all

over the world that this power is truly episcopal, ordi

nary, and direct or immediate that consequently the Pope
can at all times and on all occasions intervene, with his
;

authority, in all the ecclesiastical affairs of each particular

diocese of the whole world, and that in the event Of such

intervention the laity, clergy, and episcopate are bound to

243
obey the Pontiff.

As

a consequence of this teaching the Vatican Council

Roman Pontiff can communicate directly
all the faithful and clergy of each and
with
immediately

declares that the

and

every diocese and part of Christendom, and that it is unlaw

any one to hinder this free, direct, and immediate
communication. It follows, moreover, from this supreme

ful for

jurisdiction, that in the government of their dioceses bishops

are at all times bound to conform fully and strictly to the
rules and prescriptions of the Sovereign Pontiff, and that
244

they cannot act contrary to them.

If, therefore, the Pontiff has full and supreme power over
the entire Church, and if he can exercise this power in a

and immediate manner and not merely upon appeal to

him or in extraordinary cases, it is also plain that he has
the right to send his envoys and representatives wherever

direct

743

Cone. Vat., sess.

244

Letter of Card. Jacobin!, Pontifical Secretary of State, to the nuncio at

Madrid, Apr.

iv.,

cap.

15, 1885, in the

iii.

Moniteur de Rome,

May

3,

1885.

of the Sovereign Pontiff.

299

he pieases, and to confide to them the exercise of his own

246
to him proper.
Hence
poiver in the measure which seems
to deny the right of the Pontiff to send legates, delegates,
or nuncios to any part of the world, with power to act in his
own name and to exercise his own supreme, ordinary, and

immediate jurisdiction over laics, priests, and bishops, would

be the same as to deny the primacy of the Pontiff himself,
and would therefore be heresy. The utility of sending such
ambassadors

2.

will

appear further on.

Practice of the Holy See witJi

The Roman

Pontiffs

Regard

have from the

to

Sending Envoys.

earliest

ages of the

Church down

to the present day exercised the right of

sending deputies or envoys to different parts of Christendom

whenever they deemed it opportune. Sometimes they sent

them without any jurisdiction and merely to arrange some
diplomatic affair, or to defend the rights of the Holy See at
At other times the} sent them with
the courts of rulers.
to decide causes, etc., and that either temporarily
and for a short time, or permanently and for an indefinite

full

power

period.

permanently established apostolic delega

tions or nunciatures with Papal jurisdiction occur already
Thus Leo the Great (440in the early ages ot the Church.

Examples

of

461) sent the Bishop Julian to Constantinople to reside as

his permanent envoy there, and confided to him his own
Pontifical authority to be exercised in the East.

246

Likewise

Pope Gregory the Great (590-604), following the example

permanent legates to Sicily, and
conferred upon them ample jurisdiction over the faithful,
clergy, and episcopate, in order, as he says, that where he
of his predecessors, sent

* 4S

Letter of Card. Jacobim cited above.

446

Leo M.,

ep.

in;

Phillips, K. R., vol. vi., p. 961.

On

300

the Assistants or Ministers

could not be personally present

his antJwrity

might be repre

The ambassadors of the

and exercised by his envoys
Pope whose legateship was permanent had full authority to
watch over the diocesan administration of bishops, to see
that the disciplinary laws of the Church were carried out,

sented

The permanent envoys,

besides being clothed with

in
a diplomatic capacity for
acted
also
Papal jurisdiction,

etc."

the

Holy See.
Thus we see

that already in the fourth and fifth and sixth

Church there were three kinds of apostolic
(a) Those who were sent for some particular

centuries of the

ambassadors
and temporary affair, with or without jurisdiction. Their
legateship was transient, (b) Those whose legateship was
permanent, and who acted in both a jurisdictional and a dip
:

lomatic capacity. They were called apocrisiarii or responsales.

(c) Vicars apostolic, that is, bishops of countries selected by
49

the

to act as his legates in their respective districts."

well known that later on the Roman Pontiffs con

Pope
It is

tinued to appoint and send their envoys to various parts of

Christendom. Pope Innocent III. (i 198-1216), in sending his
a&0

Our Lord has

wrote thus to the Greek emperor
of all
and
teacher
the
head
the
to
be
See
appointed
Holy
Christendom. As the Roman Pontiff, being overwhelmed
with innumerable cares, cannot personally attend to every
thing, he is naturally obliged to appoint assistants and repre
sentatives, and to perform throtigh them what he cannot do in
legate,

"

person. For that purpose he confides his poivers to others, so

that what is done by them is to be regarded as done by him
self.

As

the condition of the

Church

quires the sending of a legate a

latcre,

to send Pelagius, bishop of Albano,

947

848
* 49

Greg. M.,
Phillips,

1.

1.

i.,

ep. i; Phillips,

c., p.

at Constantinople re

we have determined

and have appointed him

1.

c.,

pp. 693, 699.

693.

Phillips, K. R., vol. vi., p. 901.

SM)

Ep. 104.

of the Sovereign Pontiff.

in our stead, to eradicate

and destroy,

301

to build

up and to

As

will be
what he deems proper,
111.
points out
seen in this celebrated letter, Pope Innocent
of the
the Pontiff s right to send envoys with the power
the
take
that
manner
a
in
such
they
Pope himself that is,
act in his stead.
place of the Pope and
The present practice of the Holy See is too well known
The Holy See has, at present, its nun
to need explanation.
There
cios at Paris, Vienna, Madrid, Lisbon, Munich, etc.
in the

plant,

Lord."

number

are also in a

stantinople, in Egypt,

missionary countries, v.g. at Con

Greece, etc., apostolic delegations or

of

in

and

depending upon
legateships permanently established,
2
Recently, by a
the Sacred Congregation of Propaganda."
Leo XIII. issued on the 24th of January, 1893,
Brief of

Pope

a permanent apostolic delegation has been established in

the United States, with the learned and able Archbishop
Satolli as its first

incumbent.
as a

are

composed,
Apostolic delegations, or nunciatures,
and of a
an
of
auditor,
or
nuncio
the
of
delegate,
rule, each,
either by the Pope himself, through
secretary, all appointed
his cardinal secretary of state, or by the Sacred Congrega
and the
which
depend. Hence the auditor
tion,

they

upon

or removed by the nuncio or

secretary are not appointed
or by the Sacred Congregation.
delegate, but. by the Pope,
The nomination of these officials is to the apostolic delega

not to the person of the apostolic delegate. Their

tenure of office does not depend on a change of the incum
bent of the delegation or nunciature, but continues till re
voked by the Holy See. The auditor prepares all the casesand matters brought before the delegate, and is his adviser

tion,

with the delegation.

points connected
has charge of the delegate s correspondence."

on

The

all

SS1
"

863

Phillips,

1.

c., vol.

Gerarchia Cath.
Cf. Phillips,

di

K. R.,

vi., p.

686.

Roma, anno
vol. vi., p.

1892, p. 365.

74.

secretary

On

302

Various Kinds of Apostolic Envoys.

3.

We

the Assistants or Ministers

observe here again that we speak,

in the

present
only of those apostolic delegates or envoys who
are vested with ecclesiastical jurisdiction to be exercised in
treatise,

Popes, as we have
seen, were wont, in former times, to send their envoys or
representatives sometimes on temporary and transient mis

name and

the

stead of the

Pope

himself.

sometimes on permanent delegations. In the latter

case, when one delegate or envoy was recalled, resigned, or
died, another was sent by the Pontiff to succeed him.
It is
still the custom of the Holy See to send
and
temporary
per
manent delegates or ambassadors. Hence apostolic legatesions,

ships or delegations are, at present,

either temporary or

permanent.

former times the Pontiffs selected as their

sometimes
subdeacons and deacons, oftener bishops,
envoys
and in matters of great importance even cardinals. Pope
Gregory VII. usually selected cardinals to act as his envovs
in his great work of reforming the
laity, clergy, and episco
Again,

in

pate of his times.

appoint

ally

At the present day the

titular

Pontiffs gener
and sometimes, though
exceptionally grave matters, cardinals

archbishops,

rarely, and only for

to act as their ambassadors.

When

cardinals are chosen to act as Pontifical

envoys,
they are, owing to their exalted dignity, vested with the
fullest powers to act in the stead and name of the
See.

Holy

When

bishops or archbishops are sent, they are

clothed with ample powers indeed, but yet not with those
full
powers which are confided to cardinals who are
titular

legates.

From what

has been said,

it

be seen that there are,

envoys or ambassadors:

will

at present, three kinds of apostolic

of the Sovereign Pontiff.

1.

They

303

Legati a lature, that is, envoys who are cardinals.

are legates of the first rank, and are called legates a

latere because,

owing

to their close relations with the

Sover

eign Pontiff, they are said to be sent from his side (a latere).
2. Legati missi, or Papal envoys who are titular bishops
or

archbishops.
are called

They

are

legates

of

the

second rank.

nuncios (nuntii apostolici) when they are

sent to reside permanently at the courts of sovereign rulers;
internuncios (internuntii) if they reside elsewhere or act

Thev

only provisionally. A nuncio, acting as such, even after

being elevated to the cardinalate, is named pronuncio (pronuntius).

resent the

Nuncios, according to the present discipline, rep

Holy See in a diplomatic capacity, and are also

clothed with ample Pontifical jurisdiction over the laity,

clergy, and episcopate of the countries where they re
When the Icgati missi of which we speak in the
side.
present paragraph are sent either to the courts of temporal
rulers outside of Europe or to missionary countries, they
are termed Apostolic Delegates (Delegati Apostolici).
called thus in contradistinc
3. Legati nati (legates born),
tion to the legati missi (legates sent), are those to

whose see

or ecclesiastical dignity the office of Papal legate is at

tached. The Archbishops of Canterbury and York in Eng

Archbishop of Rheims in France, etc., were legati

Since the fifteenth century, however, the powers of

land, the
nati.

At present
the legati nati have become entirely extinct."
they retain but the name or title the office itself no longer
;

exists.

a>5

it

Consequently
in this work.

is

them further

legatus natus of

the

Holy See and exercised

9M Santi,
S66

1.

Salzano,

Sicula,

i.,
1.

t.

ii.,

upon
was

his legatine

tribunal."

J56

30, n. 5.

pp.

dwell

This tribunal, named

was abolished by Pope Pius IX. in 1867."

rights through a special

Monarchia

unnecessary to

In Sicily the king himself

no, in

1.

i.,

Phillips, Lchrb., p. 235.

p.

no.

Walter,

p.

270.

Oil Ike Assistants or

304

| 4.

The

Ministers

Powers of Apostolic Envoys.

legati nati are extinct at the

Hence

to their name.

present day, except as

now

there are

apostolic envoys or representatives

(ft) apostolic
delegates and nuncios.
of the

powers of legates a
apostolic delegates and nuncios.

speak

first

only two classes of

(a)

legates a latere
shall therefore
;

We

latere ;

next of those of

I.

Powers of Legates
Legates a
are,

dinals,

latere,

owing

"

latere."

or those apostolic envoys

to

their

cardinalitial

who

are car

dignity, the rep

Holy See in the highest and fullest

are therefore, by their very appoint
and
sense of the term,
ment as apostolic envoys, vested with the most extensive
Papal jurisdiction over the country to which they are sent.
resentatives of the

Their powers are consequently more ample than those of

They enjoy certain pre
apostolic nuncios and delegates.

When they are present, archbishops

rogatives of honor.
not
and bishops should
perform certain ecclesiastical func
tions, such as blessing the people, .which it would be unbe
to perform if the Pope himself were
other apostolic envoys should not, in
even
present.
Nay,
their presence, make use of their insignia.
Any dishonor

coming

for

them

or disrespect exhibited to them

the Holy Father himself."

is

regarded as shown to

Q.

What

A.

I.

are the peculiar powers of legates a latere ?

These legates have, by virtue of their appointment
**

Phillips, K. R., tbl. vi., pp. 726, 727.

of the Sovereign

Pontiff.

305

as apostolic envoys, full and ample power to exercise, in the

name and in the stead of the Pope himself, ordinary ecclesi
astical jurisdiction over the laity, clergy, and episcopate of

We

the country to which they are sent.

say, in the name of
the Pope himself.
For, as we have seen, Papal envoys act

take his place and represent his

and have therefore, in principle, the

for the Pontiff himself

person and powers

same jurisdiction as the Pope

jurisdiction

is,

like that of the

merely appellate, except

8
Council of Trent."
II.

in

Consequently their
Pope himself, immediate, not
the causes specified by the
himself.

In consequence of their supreme, ordinary,

and im

mediate Papal jurisdiction, legates a latere, besides being

vested with the powers which are conferred upon apostolic
nuncios and delegates, as we shall see below, possess the
following exclusive rights, which are not, as a rule, con
fided to apostolic nuncios and delegates
1.
Wherever a legate a latere is present the jurisdiction
of all other apostolic legates or envoys is suspended for the
:

260

time being.
2. He has ordinary jurisdiction over regulars who are
exempted from the authority of bishops. Consequently he
can hear and adjudicate all causes of exempted regulars
261
correct and punish them, if need be.
3. He can confirm the election of archbishops, bishops,
and of exempted prelates of regulars, 268 save where this has

been specially reserved to the Pontiff himself. But he can

not, except by a special Papal mandate, unite or divide

K* Sess.
560
* 61
*

24, cap. 20,

de Ref.

Gregor. IX.. cap. 9, de off. leg. (i., 30); Glossa, ib., v. de latere nostro.
Glossa in cap. i, de off. leg., v. universas; Schmalzg., 1. i., t. 30, n. 4.
Cap. Si Abbatem 36, de elect, in 6 (i. 6). Legates other than those a

cannot do this except when they receive a special mandate from the Holy
See to that effect (cap. 36 cit.).

latere

On

306

the Assistants or Ministers

bishoprics, nor transfer bishops from one see to another,

nor depose
4.

65

bishops."

With regard

to (a) granting dispensations,

v.g.,

from

the impediments of marriage

(b) giving absolutions, v.g.,
from censures and irregularities (c) solemnizing or assist
;

284

the legate
ing at marriages
a latcre has concurrent jurisdiction with every bishop of his
2
district or province.
has ordinary and concurrent power with every
5. He
in the

place of parish priests,

"

bishop of his province to appoint to any and all parishes,

benefices, or ecclesiastical offices situate in the country to.
36
which he is sent.
6. Both in matters relating to parishes and other eccle
siastical offices, and in all other matters whatsoever, he
can do in every diocese of his province whatever each
"

bishop can do in his own diocese, nay, more than the bishop
can do, excepting only those things which are expressly and
withheld from him by the Pope or forbidden by
specially

the law of the Church,

cap. 20, de Ref.

v.g., in

the Council of Trent, sess. 24,

267

of other
Finally, he has, of course, also all the powers
Papal envoys who are not cardinals. The latters powers
will now be explained.
7.

II.

Powers of Apostolic Nuncios and Delegates.

Cardinals are at present sent very rarely as Papal en
or bishops are now
voys. As a rule, titular archbishops
selected and sent from
263

265
216

267

Cap.

3, 4,

Phillips,

de

Innoc. IV., cap.

Schmalzg.,

c.

to act as
M4

off. leg.

K. R.,

1.

Rome

envoys of the Holy

Schmalzg.,

1.

i., t.

30, n. 4.

vol. vi., p. 734.

i,

de

off. leg. in

cap. 31, de praeb. in

6.

of the Sovereign Pontiff.

Thus our Delegate Apostolic

307

a titular archbishop.
It is therefore very important to explain the powers of
these envoys, who are called apostolic nuncios and dele

See.

are, as

is

we have

seen, apostolic envoys or rep

resentatives of the second rank, and as a rule possess, even

They

gates.

when appointed cum potestate legati a

manner less extended than

Papal jurisdic
vested in cardinal

latere,

tion in a

is

Hence, unless they are expressly and specially

commissioned to that effect, they do not possess the powers
enumerated above as belonging to legates a latere.
Yet apostolic nuncios and delegates are true represen
legates.

tatives of the

and have
as the

Holy

See.

They

act in the

in principle, like legates

Pope himself.
What, then, are the powers

Q.

name

of the Pope,,

the

same power

latere,

of

Papal nuncios and

delegates
A. I. According to the law and discipline of the Church
as now in force, these apostolic envoys have, by virtue of

appointment as apostolic nuncios or delegates, the

to
exercise, in the name and in the stead of the Pope
right
himself, ordinary ecclesiastical jurisdiction over the laity,

their

clergy, and episcopate of the country to which they are

26
The country to which they are sent is called their
sent.
"

province, because they resemble the old Roman governors

and proconsuls. For as the latter were sent by the Roman

emperor to govern the various provinces of the empire in

his name and with his authority, so apostolic delegates
and nuncios are sent by the Pope to govern in his name,
spiritually and ecclesiastically, certain countries of Christen
dom."

We

say,

in

apostolic envoys

the

name of

the Pope

take the place of the

For these

himself.

Roman

Pontiff himself,
represent his powers and his person, and have therefore in
""Clemens
-

69

Clemens

IV.. cap.

2,

IV., cap. 2

de
cit.

off. leg. in

(i.

15);

Schmalzg,

I.

i.

t.

30, n. 2.

On

308

the Assistants or Ministers

as the Pope himself.

They
principle the same jurisdiction
in
own
his
with
Roman
the
Pontiff,
power,
are sent by

order to act in his stead and in his name, in all matters

as the head of the Church.
falling under his jurisdiction
the

like that of
Pope
Consequently their jurisdiction is,
with
save
regard
himself, immediate, not merely appellate,
270
to the causes specified by the Council of Trent.
for
etc.
We
also, over the laity, clergy, and episcopate,
;

say

as the Pope possesses supreme and immediate ordinary juris

and clergy, but also over
diction, not only over the laity
and archbishops, so apostolic nuncios and delegates,

bishops

have supreme papal jurisdic

representing him as they do,
but also over the priests and
tion, not only over the laics,
171
bishops of their district or province.

and immediate
nuncios
and
possess
apostolic delegates

In virtue of their supreme, ordinary,

II.

Papal jurisdiction,

the following powers:

i.
They have the power of supreme inspection and direc7 *
tion in regard to the ecclesiastical affairs of their province.
their duty to eradicate and punish crimes, and to
51
virtues.
Consequently, as Cardinal
plant and build up
in the letter al
Jacobini, Papal secretary of state, writes,
if the authority of bishops should always and

For

it

is

ready quoted,

in all matters

be subject to that of the Pope, and

if

they
cannot exercise their power
rules laid down by him, so likewise should the jurisdiction
ot bishops never be exercised against the prescriptions of
against his will

and against the

Hence the actions of

the apostolic nuncio or delegate.
or collectively, is always subject
bishops, taken individually
to the Pontiff

representative.

if
Every apostolic nuncio or delegate can and should,
need be, reform the conduct and correct or punish, v.g., by
2.,

970
*"

*"

Sess. 24, cap 20, de Ref.

Arg. cap.

2,

de

off. leg. in

6.

Schmalzg.,

1.

""

Reiff.,

1.

i.,

t.

i.,

t.

30, n. 2.

30, n. 14.

309

of the Sovereign Pontiff.

merely of the

ecclesiastical censures, the excesses, not

and
his

laity

the clergy, but also of the bishops and archbishops of

or of the country to which he is sent. For he

province

their judge, their ordinary, and their superior," and it is

his right and duty to extirpate and destroy whatever is evil
to the law of the Church, and to build up and
and
is

contrary

to plant

whatever

is

good and

proper."

nuncios can enact for their

Apostolic delegates and
entire province permanent statutes, i.e., such as will remain
in force even after their legateship has expired," v.g., by
3.

their recall or resignation.

They can and should preserve,

the Holy See, and
loyalty and fidelity to
4.

in

their

province,
particularly enforce

"

therein the laws of the Church.

with regard to the appointment of bishops,
5. They can,
87
and send
inquire into the merits of the various candidates,
the information obtained by them to the Holy Father.*
1

Hence the Apostolic Delegate in the United States can de

mand that the lists of the candidates for vacant sees, selected
diocesan consultors on
by the irremovable rectors and the
the province on the
of
the
and
the one hand,
bishops
by
he
may inquire into the
other, shall be sent to him, so that
merits of the candidates and forward his information to

Rome.
6. As we have shown,

apostolic envoys, whether they

are nuncios or delegates, can exercise their supreme Papal
manner and not merely on appeal.
jurisdiction in a direct
and did
Hence, prior to the Council of Trent, they could
contentious
hear and decide, even in the first instance, all

causes whatever, whether relating to marriages or parishes

and ecclesiastical offices, and other civil affairs, or criminal

574
"

7i

177

Schmalzg., 1. i.,
Clem. IV., cap.
Schmalzg.,

1.

c.

t.

30, n. 2.

2,

de

However, he cannot depose bishops.

6.
Cap. x., de off. leg. (i.
Ex cap. 4, de off. leg.

off. leg. in
* 18

Ib.

"*

30).

On

1O

the Assistants or Ministers

2

But owing to the danger of

and disciplinary matters.
and
conflicts
of authority, the Council of
misunderstandings
Trent modified the immediate contentious jurisdiction of all
Papal envoys, even of those a latere, and made it appellate,
in the above causes.
Accordingly, at present, apostolic
can
as a rule hear and decide such
delegates and nuncios
causes only on appeal from a definitive or a quasi-definitive
sentence, or from a decision which, though not final in form,
is yet, in reality and in its effect, tantamount to a final deci
sion, or on appeal from a grievance which cannot be re
262
paired or undone by a final sentence.
We have said, as a rule. For they can hear and decide
the above causes, also in the first instance, (a) where the
ordinary has neglected to terminate them within two years
from the beginning of the litigation
(b) when they are
specially and expressly authorized by the Holy Father;
284
consent.
(c] when both the bishop and the parties
We have said that apostolic delegates and nuncios can, at
present, hear and decide contentious causes, not in the first
Can they decide such causes
instance, but only on appeal.
"

1"

when

the right of appeal has lapsed or is denied by the

will suppose a practical
general law of the Church ?
a
has
decided
case.
case,
judiciallv or extrajudibishop
also

We

The party who

aggrieved by the decision

neglects to appeal within ten days, and thus loses the right
cially.

feels

Can he nevertheless bring his case before the

apostolic delegate, by way of simple recourse per viam recursus f Yes."
Why ? Because the Pope, in whose name
and by whose supreme authority the delegate acts, can reof appeal.

"""

""

283
1184

286

2fl

Cap. i, de off. leg. (i.

Cf. Cone. Trid., sess.

30).

Cone. Tnd.,

de Ref., cap.
Cone. Trid., sess. 24, eap. 22, de Ref.

S. C. C., 4

Cap.

i,

de

Aug. 1691
off. leg.

(i.

22, c. 7,

Can.
36;.

et deer.

3,

sess. 24, cap.

de app.

C Tnd., Schulte

in 6

20,

de Ref.

(li.

15).

et Richter, p. 389.

of the Sovereign Pontiff.

ceive and decide complaints,

by way

of recourse,

1 1

even after

the term granted for appealing has elapsed.

Of course, the apostolic delegate or nuncio, being pos
the entire laity,
sessed of
jurisdiction over

ordinary Papal
like any other
and
episcopate of his province, can,
clergy,
in
either
person, or through
ordinary, hear and decide causes,
other ecclesiastics delegated by him.

The

jurisdiction of

the person delegated by the apostolic delegate or nuncio

continues even after the apostolic nuncio s or delegate s
has expired, v.g., by his recall, death, etc., pro
jurisdiction
of the parties has taken place before the
citation
the
vided
2

"

s jurisdiction.
lapse of the apostolic legate
of the principal rights and duties of apostolic
7. One
nuncios and delegates is the visitation of the country or dis

The object of this visitation

which they are sent.
is to eradicate and destroy what is
by the apostolic envoys
and to build up and to
opposed to the law of the Church,
SM
Hence, on occasion of
what is in harmony with it.
3

"

trict to

plant
2 9
in the same manner as bishops,
their visitation, they can,
demand the procuratio or travelling expenses from all the
260

churches and ecclesiastical institutes visited by them.

and nuncios can, by
8. Moreover, apostolic delegates
virtue of their general mandate and without any special
authorization from the Pope, convene and preside over pro

We say, over
and even plenary or national councils.
For these Papal envoys possess, in every
provincial councils.
the same jurisdiction which each
province of their district,
291

vincial

Now the metropolitan

metropolitan has in his province.
and preside over
can, by his ordinary authority, convoke
We say also, and even plenary or naprovincial councils.
9M

"

2>0

Cap.

10,

de

de

off. leg.

Cap.

2,

Cap.

17,

de Cens.

Cap.

21,

de Cens.

30)

(i.

off. leg. in
(iii.

Schmalzg.,

288
(i.

39)

15).

cap.

n, de
a

(iii.

39).

"

1. i., t.

30, n. 3.

Phillips, K. R., vol. vi., p. 733-

praescr.

(ii.

26).

Bouix, de Cone. Prov.,

p. 75.

On

312

the Assistants or Ministers

*

For, as we have seen, apostolic delegates

are vested with the supreme, ordinary, and immediate juris
a92
diction of the Pope himself
over the entire country com

tional councils.

mitted to their
himself,

care,

convene

and

and

therefore

preside

can, like

the

Pope

over plenary or national

synods.

and nuncios can, speaking

perform
country assigned to them not
in
can
do
his diocese and an archbishop
what
a
bishop
only
288
in his province, but also what the Pope himself can do,
excepting those things only which are reserved as special
9.

Finally, apostolic delegates

in the

in general,

Now some matters

prerogatives to the Supreme Pontiff.
are reserved to the Pope by the general law of the Church,
29B
others by the Pontiff himself,
majores
v.g., the causae
294

when

he establishes an

apostolic

delegation or appoints
plain that the Pope is at

the apostolic delegate. For it is

liberty to confide to his envoys or representatives, whether
they be called apostolic delegates or nuncios, the exercise of
his own supreme jurisdiction in the measure which seems to
him proper. 296
Q. What powers are not possessed by apostolic dele
gates or nuncios by virtue of their general mandate, or by

their very

appointment?
have seen above that apostolic delegates possess
the supreme power of the Pope delegating, in ail things
save those which are reserved to the Pope either by the
A.

We

58S

Pope Pius
manus Pontifex

VI., in his
.

celebrated Brief de Nuntiaturis, writes:

Ro-

"

suo fungitur apostolico munere per ecclesiasticos viros,

sive stabiles, sive ad tempus, veluti magis expedite censuerit, delegates in

dissitis locis

ubi ipse interesse non potest; praecipiens eisdem, ut

obeant, eamqite jurisdictionem exerccant,

Bouix, de Cone. Prov.,

293
"

Arg. cap. 2, de off.

Cap. 4, de off. leg.

quam

is

per

se si adesset,

-vices

exerceret."

Cf.

p. 80.

leg. in
(i.

6.

"*

Schmalzg,

1.

i., t.

30).

Letter of Card. Jacobin!, Apr. 15, 1885, above quoted.

iis

suas

ibi

30, o. 2.

of the Sovereign Pontiff.

law
Pope himself or by the general
shall

now enumerate

the chief

313

of the

Church.

We

matters thus reserved and

.therefore not within the competence of apostolic delegates.

hear and de
Accordingly, i. Apostolic delegates cannot
removal of
or
transfer
cide the causae major es, such as the
2

"

division of dioceses, etc.

bishops, the union or
a
cause which has been
in
cannot interfere
to another ecclesiastic
special mandate of the

by

2.

They

delegated

Pope or

of

298

cannot receive
Sacred Congregation.
3. Likewise, they
an
ecclesiastical
of
decision
or
sentence
the
from
an appeal
a
Sacred
or
Congrega
by
judge delegated by the Pope
2 8
a cause.
4. Nor can they do anything
tion to

.a

"

adjudicate
in a cause which has been

referred to the

Holy

See.

800

or nuncios
Again, the jurisdiction of apostolic delegates
30
6. They cannot
does not extend to exempted regulars.
5.

808

appoint rectors of parishes (with us, quasi parishes).

that is, it is
is restricted as to place
7. Their jurisdiction
;

confined (a) to the limits of their province, and () to the

Hence, when a delegate apostolic
persons living therein.
he
gannot exercise contentious jurisis outside his province,
even with regard
diction, such as to absolve from censures,
to those

We

who

30

live in his province.

the question, by virtue of their general

mandate or by their very appointment. For apostolic dele
and frequently do receive from the
gates and nuncios may
or authorization, the power to
mandate
Pope, by special
and all other matters
arrange and decide the above affairs

have said

in

reserved exclusively to the Pope.

From the above it will be seen that the powers of an
as to their ordinary
apostolic delegate are determined, (a)
297
""

301

"

Cap.

4,

de

off. leg. (i. 30).

Arg., cap. ii,

Cap.

5.

Cap

36,

"

Cap.

i.

de
de
de

de

jud. deleg.

off.

off. leg.;

Schmalzg.,

elect, in 6
off. leg. in

(i.

6.

6);

1.

Cap.

2,

de

off.

leg.

29).

(i.

i.,

t.

30, n. 3.

Schmalzg.,
303

Cap

1.

9,

c., n. 6.

de

off. U-g. (1.30).

On

314

the Assistants or Ministers

and general extent, by his very appointment or bv his gen

mandate 301 (b) as to their exceptional nature and
extent, by his special letters of authorization from the Pope.
eral

his capacity of representative of the Holy

the
Father,
apostolic delegate is responsible for his acts
only to the Supreme Pontiff or the Sacred Congregation

Lastly, in

upon which he depends, and not to the laity, clergy, or

copate of the country where he resides. Hence his

epis
acts

should not be publicly criticised by the laity, clergy, or

episcopate, who, however, as the cardinal secretary says in
the letter quoted,
have the right to have recourse to
3 "

Rome when

they have reason to believe that the apostolic

nuncio
has gone beyond the limits of his mis
or
delegate
sion or abused his powers.

Support of Apostolic Delegates and Nuncios.

Apostolic delegates and nuncios are sometimes sup

ported by the Holy See itself, when it has the means to do
308

This

gate

in this

so.

the case at present with the Apostolic Dele

country, who receives annually $6000 from the S.
is

Congr. de Prop. Fide. At times, however, their means of sup

port comes from contributions of the laity, clergy, and episco
In fact these
pate of the country to which they are sent.
Papal envoys labor for the spiritual welfare of the faithful,

the clergy, and the episcopate of the country committed to

307
Hence the words of St. Paul apply to them 3U8 If
them.
"

304

The Roman law

says:

Cui jurisdictio data

videntur, sine quibus jurisdictio explicari non

Pope Alexander

III. enacts:

"Ex

est,

ea quoque concessa esse

2 ff., de jurisd. (ii. i).

potest," 1.

eo quod causa (Delegatio Apostolical

sibi

Apostolico) committitur, super omnibus, quae ad causam (Delegationem) ipsam spectare noscuntur plenariam recipit potestatem." Cap. 5, de

(Delegate

off. jud. del.

300
aoe

The

(i.

Phillips,

308 I.

29).

letter is printed in the

Cor.

K. R., vol.

ix.

ii.

vi., p.

Moniteur de Home.
732.

M1 Cf.
cap.

May

3,

1885.

n, de praescr.

(ii.

26).

of the Sovereign Pontiff.

we have sown unto you

if we reap your carnal

spiritual things,

515

is it

a great matter

There is no doubt that,

things?"
should occasion offer, v.g., if the Holy See should lack the
means, the laity, the clergy, and the episcopate of this
country would cheerfully supply the Apostolic Delegate
with a generous and ample support. The movement now
on foot to provide him with an official residence at Wash
ington

is

sufficient proof of this.

How

6.

Q. In

the Powers of

how many ways does

Papal Envoys Expire.

the jurisdiction of apostolic

and delegates lapse ?

A.
necessary to distinguish between apostolic dele
and those which are perma
gations which are temporary
Where the apostolic delegation is merely temporary
nent.
legates, nuncios,
It is

or for a determinate affair only, the delegate s jurisdiction

the time for which he was
expires with the lapse of
309
or when the affair for which he was sent is
appointed,
terminated.
In the second case, namely, where the apostolic delega
is permanently established, as is the case in this country,
the apostolic delegate s jurisdiction expires in the following
or cause to the
ways: i. When he has referred a matter

tion

Pope

his jurisdiction expires, so far as

concerns the cause

310

or matter referred to the Pope by him.

his own accord he leaves the country
2. Where of
If
assigned to him. Here, however, we must distinguish:

he leaves his province with the intention of not returning to

his
it, which he cannot do without leave from the Pope,
power and jurisdiction cease completely the moment he has

gone away.
So
811

Cap.

4,

L. 3

ff.,

"

de
de

If

off.

off.

he leaves only temporarily, with the inten-

jud. del.

praes.

(i.

>*

(i.

29).

18).

Cap.

5.

de

off. leg.

(i.

30).

On

316

tJie

Assistants or Ministers

tion of returning soon, his contentious jurisdiction

is

sus

We say contentious ; for he

pended during such absence.
retains and can exercise his voluntary jurisdiction during
such absence. 313
he is recalled by the Pope, and the recall
3. When
becomes legitimately known to him. Until the revocation
comes to his knowledge, the acts performed by him are
314
valid, even though done after his recall.
Nay, it would
that
after
the
recall
becomes
even
known
to him he
appear
313

316

retains jurisdiction until he has actually left his province.

Of course,
4. By the death of the apostolic delegate.
as far as the dead delegate himself is concerned death takes

from him

all

But the question

power.

Do

is,

the powers of

the apostolic delegate lapse with his death in such a, manner

that they do not pass to his successor except by a new grant

from the Holy See? Here we must again distinguish be

tween the ordinary and the extraordinary powers vested in

Whatever extraordinary

him.

him

is

to be looked

upon

jurisdiction is conferred upon

as personal and not as annexed to

the office or the apostolic delegation. Therefore it lapses

with the death (also with the recall, resignation, etc.) of the
apostolic delegate.
With regard to

the powers ordinarily vested in the

there
are two opinions. One looks upon
apostolic delegate
them as personal rather than as annexed to the office or the
apostolic delegation, and in consequence contends that they
expire with the incumbent s death and are to be renewed

with regard to the successor.

316

The other opinion

holds

that they are annexed to the office itself or the apostolic

delegation, and therefore do not lapse with the death of the

apostolic delegate, but pass to his successor without any

new grant or indult from the Holy See. 317
918
314
3

Schmalzg.,

Cap.

4,

1.

i.,

t.

30, n. 10.

de rest spol.

"

Schmalz".,

1.

i.,

t.

31f

3IB
(ii.

13).

30, n. ro.

"

L. 2

ff.,

de

Schmalzg.,
Cf. Reift,

off.
1.

1.

Proc. et leg.

c., p. 5.
i.,

t.

30, n. 44.

(i.

16).

of the Sovereign

Pontiff.

depends upon the mind of the Holy See.

If the Roman Pontiff intends the powers in question to be
attached to the delegation itself and not merely to the person
of the delegate, they do not lapse with the death, recall, or

Of

course,

all

resignation of the apostolic delegate; otherwise they do.

Now in establishing a permanent apostolic delegation it is

mind of the Holy See that the powers spoken of

be annexed to the office or delegation itself, and not

plainly the
shall

merely vested

person of the delegate.

in the

Does the

jurisdiction of apostolic delegates, nuncios,

or legates expire with the death of the delegating Pope?
5.

It

does

if

the apostolic delegate

is

appointed with the clause

ad beneplacitum legantis, i.e., of the Pope. For the pleasure

or will of the Pope (beneplacitum Pontificis) expires with his
death, and consequently also the power made contingent on
such will or

pleasure."

But when the apostolic delegate is appointed either with

out the above clause or with the clause ad beneplacitum nos
trum (Pontificis) et hujus S. Sedis which is the clause employed
by Pope Leo XIII. in appointing the apostolic delegate for
the United States

his jurisdiction

death of the delegating Pontiff.

does not lapse with the

For the supreme Papal

power of apostolic delegates is ordinary and therefore does

not expire with the death of the Pope appointing or dele
31 *

gating.

Moreover, the Holy See does not

die,

and conse

quently neither the power conferred ad beneplacitum S. Sedis.

Hence also Papal envoys are called apostolic delegates,
nuncios or delegates, nuncios, and legates of the Holy See.
;

The above holds even where

the

Pope

dies before the

apostolic delegate has reached the country assigned to him,

or where as yet he has not exercised a single act of his
320

apostolic delegation.

From
118
119

all this it will

Schmalzg., 1. i.,
Clem. IV., cap.

t.

30, n.

2,

de

be seen that when a Pope dies, aposn.

off. leg. in

"

(i.

15).

Schmalzg.,

1.

c.

On

*8

the Assistants or Ministers

appointed ad beneplacitum

tolic delegates

S.

always the case where the apostolic delegation is perma

nently established remain apostolic delegates and retain
their

supreme jurisdiction until they are recalled by the

successor of the dead Pontiff, or sede papali vacant e by the
Sacred College of Cardinals. However, pending the vacancy
all

of the Papal chair, the Sacred College of Cardinals cannot,

as a rule, recall apostolic delegates except for grave and

The reason

urgent cause.

is

that the Sacred College can

not, pending the vacancy of the Papal chair, exercise full

Papal jurisdiction, but merely expedite certain matters

which do not admit

What

522. Q.

of delay.
are the laws of the United States in rela

tion to ambassadors

Ambassadors are exempted absolutely from all

allegiance and responsibility to the laws of the country to
which they are deputed. 321 2. Their persons are deemed in
A.

i.

violable.

eign

3.

state,

is

An

ambassador, while he resides in the for

considered as a member of his own country;

and the government he represents has exclusive cognizance

of his conduct and control of his person.
4. The attend
ants of the ambassador and the effects in his use are equally
exempt from foreign jurisdiction. 5. A person who offers
violence to ambassadors, or is concerned in prosecuting and
3 "

arresting them, is liable to imprisonment for three years

and to a fine at the discretion of the court.
1123

523. Q.

A.

Are these laws applicable

to Papal legates?

A Papal legate may be sent to represent

the

Holy See,
either in a diplomatic capacity only or in matters purely
In the latter case he would be considered as
ecclesiastical.
an ordinary resident of the country; in the former he
would rank with other ambassadors, and be entitled to
equal rights with them.
321

Kent,

vol.

"

i.,

p. 38.

Ib., p. 39.

IM

Ib., p.

182.

of the Sovereign Pontiff.

ART.

II.

Vicars Prefects, Commissaries,

Of Apostolic

319

and

Prothonotaries.

and Prefects Apostolic. There is a material

difference between the vicars-apostolic of antiquity and
324
The former corresponded to the
those of the present day.
524.

Vicars

iegati nati of later

times

the latter are those

who

are de

puted by the Pontiff to exercise the pastoral care in certain

churches or districts, not in tJieir own name, but that of the
The appointment of apostolic vicars is based on the
Pope?"
1 *

whole world, or as
principle that the Pope, as bishop of the
ordmarius of the entire Church, has the direct ecclesiastical
management of all those places and dioceses where the
regime is not organized in perfect conformity
with canon law.
Hence, vicars-apostolic are appointed, I,

ecclesiastical

where

for missionary countries

in

the course of formation

as yet dioceses are

v.g., in

the Catholic portion of the

have fallen from the faith."
7

the United States

community

We

in

merely
;

2,

for

countries that

said above, in perfect con-

Holy See

the Propa
ganda, which is, in this respect, the representative of the
Pope- -retains the direct management of these places, not
fonnitv wit It canon law

for the

i.e.,

only until dioceses are simply formed (as in the United

without ex
States) or re-established, but until they are all,
an entirely ca
i.e., placed on
ception, perfectly organized
nonical footing, having chapters, etc. in other words, un* l
canon law fully obtains. So long, therefore, as the orgam
zation of a diocese is in any way abnormal
i.e., not con
:

formable to canon law

3

of

"

it.

:! -

Phillips,
ai6

Ib.

Propaganda has direct charge

Besides, vicars-apostolic are also appointed, in

3.

M4 Craiss.,

the

n.

8i =

Ib.. n. 815.

Lehrb

126

cfr.

Walter,

3M
132.

Phillips, l.c

On

320

the Assistants or Ministers

urgent cases, where the administration of a diocese fully

organized becomes temporarily disordered v g., by the
absence, captivity, sickness, and the like of its
As the Propaganda has the immediate control of

bishop.""

all

places

having diocesan organizations, incomplete or abnormal, or

disordered, it is placed over all vicars-apostolic, whether
they be simple priests under the
in partibus, or ordinary bishops

of prefects, or bishops
the capacity of apostolic

title

in

delegates.
bishops of the United States
and of Ireland are not preconized in consistory, but pro
830
posed to the Pope by the Propaganda.

Hence,

also, the

525. Apostolic Commissaries (commissarii apostolici, delegati

are those persons whom the Holy See com

missions to take cognizance of and arrange certain matters

They

Papae].

v.g.,

vicars-general, to

whom

the execution of matrimonial

committed by the Holy See.

The Holy
dispensations
See, as a rule, selects as agents or commissaries only ecclesi
astical dignitaries
canons, vicars-general, and superiors of
is

religious communities.
pointed either directly

"

Note.

Apostolic delegates are ap

by the Holy See (delegati ab /tomine)
or by the jus commune v.g:, by the Council of Trent (dele
gati a jure}?** As is evident, the commissaries of which we

here speak are delegati ab ho mine, not a jure.

Apostolic

526.

Protlibnotaries

(protonotarii

apostolici}.

These are of three kinds: \. Protonotarii participates or de

collegia; these alone have the full rights of the prothonotaryProtonotarii supernumerarii or ad instar partici2.
ship.
;
pantium they have nearly all the rights, so far as honors
are concerned (jura lionorificd], of the participant es.
Hence,
they may wear the dress of prelates (habitus praelatitius)
i.e., the cassock (subtand) and mantle (mantellettum) of
violet, and the rochet
they may also celebrate pontifically,
:

"

330
331

Phillips, I.e., p. 236.

Ib.,

1.

c.

Crais5.. n

cfr. ib.,

817.

Kirchenr.

vol. vi.

pp. 746, 748.

>

ReiflF., lib. i., tit.

xxix., n. 33, 34

of the Sovereign Pontiff.

though only with the consent of the ordinary.
ries participates

may

both in and out of

521

Prothonota

celebrate private Masses, like prelates,

But prothonotaries ad

Rome.

instar can

Masses, distinguish themselves

This is certain at present, as is evident

not, in celebrating private

from simple priests.

from the following words of the Const. Ap. Scdis Officium,
issued by Pope Pius IX. in 1872, regarding prothonotaries

ad instar

"

In Missis privatis

quoad indumenta, caeremonias,

cereorum lucentium numerum,
a simplici sacerdote non differant,

ministros, altaris ornatum,

ad instar
nullum
prorsus ex ornamentis Pontificalibus pro
adeoque
Missa solemni tantum sibi indultis adhibeant, atque ab omni
protonotarii

bus et singulis ritibus in ipsa Missa solemni sibi vetitis peni(Const, cit, 18, ap. De Herdt, Praxis Pontif.,
torn, iii., p. 509).
3. Protonotarii honorarii are of a grade intus abstineant

"

ferior to the foregoing.

"

***

CcaiM.,

B. 8:8.

CHAPTER

IV.

OF PATRIARCHS, PRIMATES, AND METROPOLITANS.

ART.

I.

Patriarchs.

are bishops who preside

or
diocese
not merely over one
province, but over several
The dignity itself of patriarchs
provinces or districts.
dates back to the apostles.; the name came into use only
from the time of the Council of Chalcedon." Rights formerly
Patriarchs

527.

(patriarcliae]

They had power chiefly, i, to con

possessed by Patriarchs.
2, to as
secrate metropolitans and give them the pallium
3
councils
national
or
at
3,
semble and
patriarchal
;

preside

receive appeals from

to

sentence

the

of

metropolitans.

These rights may be summed up thus: The jurisdiction ex

ercised by patriarchs over metropolitans was similar to that
exercised in turn by metropolitans over their suffragan
bishops.

The

Church

namely,

and Jerusalem

great patriarchates of the Eastern

of Alexandria, Antioch, Constantinople,

four

having

schism and heresy, have

The Holy See, however, in

fallen into
6

long ago become extinct.

order to preserve the memory of these patriarchates, still
6
creates titular patriarchs of these sees, who reside in Rome
but no jurisdiction,
they have only the title of patriarchs,
of Jerusalem, who was
Patriarch
the
however,
excepting,
;

sent to his see by

1

Craiss., n. 820.

Craiss., n. 822.

Craiss., n. 821.

Pope Pius
a

IX.,

Soglia, vol.

i.,

and occupies
pp. 267, 268.

Phillips, Lehrb., p. 239.

it

at present.
Ib., p. 273.
Ib., p.

240

Of Patriarchs,

Primates,

Besides these, there are

still

and

Metropolitans,

in the Oriental

Church several

actual patriarchs in communion with the Holy See.

the Chaldeans, Melchites, Maronites, Syrians, and
nians,

who

Thus,

Arme

are united with the Catholic

patriarchs, to whom the

similar to those enjoyed

Roman

323

Pontiff

is

Church/ have their

See
Holy
usually grants faculties
9

The
by the patriarchs of old.
the patriarch of the Western or Latin

Church. Besides, there are in the Latin Church the patri

archs of Lisbon, Venice, and the West Indies
they are
called patriarchae minores. and have only the title, not the
;

10

The patriarchate itself

jurisdiction, of patriarchs.
11
divine but of ecclesiastical institution.
ART.

is

not of

II.

Primates.

By

528.
in

the

primates (termed primates in the Latin, exarchi

at present those who are

Greek Church) are meant

placed over several

Primates formerly had

metropolitans."

the right to convene national councils and receive appeals

13
These privileges have
from the sentence of metropolitans.

where primates

lapsed, and,

the

name or

14

title,
16

they merely retain

not the jurisdiction formerly attached to
Salzano, however, observes that even
still

exist,

the primateship.
at the present day primatial jurisdiction is vested in the
Primate of Hungary and in the Archbishops of Toledo and
In the

Armagh.
more, by

United States, the Archbishop of Balti

16

virtue of the praerogativa loci, affixed to his see,

occupies the first seat in all councils, meetings, and the
like.
This privilege, as is evident, is simply one of honor,

1.

c.,

p. 272.

"

Phillips,

"

Soglia,

1. c.,

Craiss.,

Man.,

"

Soglia,
16

10

Walter, pp. 303, 304.

11

Salzano,

Deer

1.

c.,

p. 240.

lib. ii.,

Aug.

M
Soglia,

pp. 126, 127

15, 1858,

ap.

cfr.

Cone.

1.

p. 27^.
n.

c., p.

Walter,

826

cfr.

Walter, pp. 303, 304.

Craiss., Elem., 0.392.

275.
p. 304.

PI. Bait. II., app.

xxx

p. 343,

Of Patriarchs^

324

Primates,

and

Metropolitans.

not of jurisdiction, and includes no primatial rights what

ever.

17

ART.

III.

Metropolitans.

529.

metropolitan (inetropolitanus^ metropolita, archithe bishop of a metropolis or chief city of a

episcopus)

is

province,

who

presides over an entire province.

19

Metro

also named archbishops, although, strictly

are those who have suffragan bishops,
the
former
speaking,
19
while the latter may not have any.
Every metropolitan,
but not every
therefore, is rightly called an archbishop

are

politans

a metropolitan/
The dignity of metropoli
archbishop
not
of
divine
institution, is nevertheless very
tans, though
ancient, and, according to a highly probable opinion, dates
is

21

back to the apostles themselves.

Thus, many canonists
hold that Titus and Timothy were created metropolitans b}
22
Powers
the former of Crete, the latter of Asia.
St. Paul
;

and Riglits of Metropolitans. I. Formerly the jurisdiction oi

23
Suffragan bishops could
metropolitans was very extensive.
do nothing of importance without their consent. They had
the chief voice or part in the election of the bishops of their
2
provinces, etc. These ample powers came to be greatly
2. At present the metropolitical
restricted in later times.
jurisdiction, speaking in general, extends

gans,

(I)]

say, speaking

we

shall

(a)

over suffra

We

over the subjects or dioceseners of suffragans.

in

general

what these rights are

in particular

now examine. 25
Q. What are, at

530.
present, the rights of metropolitans
over their suffragan bishops f
"

Our Notes,

"*

n. 34.

Soglia,

Salzano,
"

"*

1.

c., p.

Craiss., n. 831.

Craiss., n. 832.

127.
"

"*

Cfr.

1.

c., p.

276

our Notes,

Ferraris, V. Archiep., art.

Cone.

PI.

Bah.

II., n.

Phillips, Kirchenr., vol.

i.,

M
78.

vi., p.

821.

n. 78, 79.

n. 3-5.

Ib

79-81

Of Patriarchs,

Primates,

and

Metropolitans.

325

I.
To convoke provincial councils
Chiefly these
every third year." 2. To make the visitation of their pro
vinces but at present they can do so only when authorized
As provincial councils are but
by provincial councils.
"

A.

28

rarely held,
tinued.
3.

come

these visitations also have

To urge

suffragans to

to be discon

comply with their episco

4. Their judicial
pal duties, especially that of residence.
29
restricted
of
Trent, so that at
power was
by the Council

more grave criminal charges against bishops

present the

(causae criminates majores) can be decided by the Sovereign

30
Pontiff only; the less
(causae criminates minorcs}, in pro

Metropolitans therefore can, at most, take

81
causes of suffragans.

vincial councils.

cognizance of
531.

>//

What

Q.

are, at present, the rights of metropoli

tans in relation to the subjects of their suffragans ?

A. Metropolitans have jurisdiction over the subjects of
their suffragans chiefly in three cases:" on appeal, during
visitation,

and by devolution. 33

On Appeal

I.

Thus, the subjects of suffragans

tione).

in all

(in

appella-

appeal to the
not only from a

may

grievances whatever

i.e.,
archbishop
juridical sentence of the bishop, but also from all gravamina
or abuses of episcopal authority, and consequently from

extra-judicial acts.

When

tione).

34

II.

and

of,

(in sacra visita-

Visitation

may

foro inferno, by hearing the con

absolving, either personally or through

exercise jurisdiction,
fessions

During

visiting his province, the metropolitan

i,

in

the subjects of suffragans he may also absolve

others,
from cases reserved to the suffragan 2, in foro externo, by
proceeding against notorious criminals, also against those
all

"

Cfr.

Cone. PI. Bait.

*
Phillips,
"

"

1.

c., p.

Sess. xxiv., cap.

cfr.

v., d.

R.

Phillips, Lehrb., p. 243.

Craiss, n

cap. x.

d.

R.

839

cfr.

**

II., n. Si.

826;

Cone. Trid.,

so

"

Cone. Trid.,

Ib.

Our Notes,

n. 79.

sess. xxir., cap. Hi., d. R.

Soglia, vol.

pp. 276, 277

i.,

"

Soglia,

sess. xiii., cap.

i.,

1. c..

d.

p. 277.

R.

sess. xxiv

Of Patriarchs,

326

who hinder him from

Devolution

By

and

Metropolitans.
6

111.
exercising his jurisdiction, etc/
When the suffragan,
dt-volutioins].

(jure
the exercise of voluntary or contentious jurisdic
neglects to comply with the duties of his office, the

whether
tion/

Primates,

in

metropolitan acquires jurisdiction over the diocese of his

suffragan, and may remedy (jus supplcndi ) the negligence ot
3*

controverted question whether

this rcniidial jurisdiction devolves upon the metropolitan

such suffragan.

It

is

39

or
i.e., in all cases of negligence of suffragans
universally
in
cases
which
are
those
the
particular
specified by
only
canons of the Church. According to the more probable
opinion, which also corresponds to the present discipline of
the Church, it is limited to cases expressly laid down by
40
Of these cases, determined in canon law, the follow
law.

ing are some of the more important, and therefore deserve

special mention: i. If a suffragan bishop refuses to grant a
dispensation, grantable by h\m jure profrio, which, consider
ing the person, place, age, or the good of religion, should
be given, the metropolitan has the right to concede it. 2.
Metropolitans may appoint to parishes, offices, and the like,
of comprovincial dioceses, 41 where appointments are not
made within the time prefixed by canon law." 3. Capitu
lar vicars, if not elected
by the chapter within eight days

from the vacancy of the see, are appointed by the metropo

In the United States the temporary administrator
litan.
4

designated either by the bishop, while alive,

default, bv the metropolitan or senior suffragan.

44

is

manent administrator
532.

Phillips,

**

Ib.,
40

41
44

The per

appointed by the Holy See.

character
or nature of the jurisdiction oj
Specific

metropolitans,

or, in his

tit.

1.

i,

is

over their stiffragans ;

*

c.

"

Soglia,

1.

c.
"

xxxi., n. 48.

Phillips, Kirchenr., vol.

Cfr. Devoti, lib.

Our Notes,

n.

4I

vi.,

i., tit. iii..

70-73

2,

cfr.

pp. 832, 833.

n. 40.

Cone.

over the subjects of

Reiff., lib.

i.,

tit.

x., n. 6. ^

Ib., tit. x., n. 9, 10.

Craiss., n. 842.

43

Soglia,
PI. Bait. II., n. 96. 97.

1. c.,

p. 277.

Of Patriarchs,

Primates,

and Metropolitans.

327

seems to be admitted that the

over
suffragans, as well as over
metropolitical jurisdiction
is not universal, but is to be
the subjects of suffragans,
\.

suffragans.

In general

it

II. Never
limited to cases expressly stated in canon law
in the
not
exercisible
is
the
theless,
jurisdictio metropolitana

same manner towards suffragans

of suffragans.

is

The metropolitan,

rekr.es to suffragans,
direct, immediate, and also ordinary.

For,

this jurisdiction

so far as

towards the subjects

as

I,

therefore,

it

imme

the ordinarius^ and

is
4

2. So far, however, as the

diate superior of his suffragans.
of
extends
towards the subjects of
metropolitans
authority
49
it
is
mediate
i.e., exercisible only on ap
only
suffragans,

was

peal, etc., as

"

seen.

It is denned the chief ornament of

and
archbishops, and the symbol of the plenitude
patriarchs
of the pastoral jurisdiction conferred upon them by the
60
Its form is that of a stole or band of white
Holy See.
a
width of about three fingers it is worn over
wool, having
the shoulders, forming a circle around the neck, and is em
51
Moral
broidered with four or six black or purple crosses.
carried
the
back
to the
lost
the
sheep
pallium signifies
ly,
on
the
shoulders
of
the
loving shepherd. We
right path
ask: Where and when can the pallium be worn by arch
i.
At solemn or High Mass only;" 2, inside
bishops?

533.

The Pallium.

every church, even though exempt, of the province

cannot be used outside the church or in the open air v.g.,
;

64

outdoor processions.
such as Christmas, the
44
48
10
61

45

Craiss., n. 836.
ReifF., lib.

i., tit.

Ib., n.

846

Salzano,

cfr.

lib. ii.,

3.

Only on the more solemn

it

in

feasts,

feast of St. Stephen, St. John, Cir-

Ib., n. 837.

xxxi., n. 35.

Phillips, Lehrb.,

pp. 130, 131.

Phillips, Kir.benr.,
*

Craiss., n.

130; Reiff.,

Ib.

lib.

cfr.

1.

c., p.

821

83-3.

i.,

tit. viii.,

n. 2, 3.

Phillips, Lehrb., p 245,

Archbishops cannot, aside from a special privilege, wear the pallium

cfr. Cone. PI. Bait. II., n. 81.
Cfr. Reiff., 1. c., n. 13

vutsiJe of their provinces.

*

Reiff.,

1.

c.,

n. 12-16.

328

Of Patriarchs,

Primates,

and

Metropolitans.

cumcision, Epiphany, Palm Sunday, Easier, etc. also on the

opening day of the provincial council. Titular patriarchs
and archbishops (i.e., those in partibus) do not receive the
;

pallium, since they never reside in their provinces.

Q. What are archb- shor-s forbidden to. do before
they
receive the pallium?

A.

We

powers
order.

though

must

distinguish between the functions or

of episcopal jurisdiction and those of
episcopal
i.
Archbishops-elect, like bishops-elect," even
not yet consecrated
bishops, can exercise full

jurisdiction as Ordinaries of their respective dioceses as

soon as they have received and
properly exhibited the
bulls of their appointment."
But they cannot, before re
ceiving the pallium, exercise any jurisdiction over the pro
vince, such as convoking provincial councils,
2.

appeals.

They can perform those

order where they

receiving
episcopal functions of

vest, not in pontificals,

but merely, v.g.,

such
as
simple priests,
consecrating chalices,
vestments, etc. But they cannot, even though already con
secrated bishops, perform those episcopal functions of order
in stole, like

which require the use of pontificals, such as

dedicating
churches or conferring orders. 67
Finally, they cannot be
styled archbishops until they have received the pallium."
Observe that, at the death of an archbishop, his perpetual
he has any, succeeds ipso jure that is, without
appointment from Rome or other formality and

coadjutor,

if

any new
hence becomes

at

once the Ordinary of the diocese, though

is under the disabilities

before receiving the pallium he

above mentioned. However, the

Holy See, when applied

allows archbishops-elect in this country to exercise
the powers of archbishops, even before they receive the

to, easily
all

pallium.
*5

56

Supra,

11.
293.
Ferr., v. Archiep., art.

iii.,

n. 14.

68

Infra, n. 616.
Phillips, Kirehenr., vol. vi., p. 844.

CHAPTER

V.

OF BISHOPS.

SECTION

Of

the Office

I.

anA Power of Bishops

ART.

I.

Gem*nl Powers of

534.
tistes,

bishop

(c.piscopus,

Bishops.

pontifex,

pastor, angetut, praesul]

in General.

is

summus

defined

sacerdos, an-

who

one

has re

ceived the plenitade of the priesthood as instituted by

Christ for the government of the Church.* As a portion of
the flock of Ch rst is usually assigned to a bishop, so also a

churc

special

he may, as

it

named

funct>

is

set apart for him,

where

own seat or cathedra, exercise pon

The Pope alone can erect a church into a

urere, in his
1

tifical

cathedral,

ns.

Cathedral
cathedral rr designate the limits of a diocese.
or epiv pal sees should be situate in the larger cities
only.
$35ot

Nature of the Episcopal Power

bishops, speaking in general,

and (b) of jurisdiction.

of order

their jurisdiction

Phillips, Lehrb., p. 246

n.

cfr.

540).

(a)

God

Suffice

it

n. 1-14.

Craiss., Man., n. 856.

Phillips, I.e., p. 248.

t>57

329

receive

or the Pope we
here to say with

Ferraris, V. Episcopus, art.

Craiss., Elem., n. 397.

,

Whether bishops

immediately from

shall presently discuss

-Ib

twofold

is

The power
the power

in general.

Of

330

Bishops.

Sed tenenda est tanquam verissima senSchmalzgrueber :*

tentia, quae cum commuui TT. et canonistarum ait, potestatcm jurisdictionis, quam habent episcopi, iisdem dari im
mediate ab Ecclesia seu Romano Pontifice."
Whatever
"

opinion

be held,

may

is

it

certain

bishops cannot

that

validly exercise any episcopal jurisdiction without having

been appointed by the Sovereign Pontiff to some see."
536. What is meant in general, i,by the potcstas o^Jinis ;
the potestas jurisdictionis of bishops ? \. T\\e potcstas ordints, which bishops receive in their consecration directly from

2,

consists chiefly in the

God,

power

of administering the sa

craments of confirmation (as ordinary ministers) and holy

10
and of performing pontifical consecrations and
orders,

These rights or powers, belonging exclusively

blessings.
to bishops, are named jura propria."
Powers which

common

with bishops are called jura connnuthe administration of baptism, penance, and the

priests hold in

nia

v.g.,
13

like.

2.

The potestas jurisdictionis, which makes

the bishop

13

the pastor and judge of his diocese, includes the power to

govern the whole diocese the right of visitation the legis
;

lative, judicial,

and executive authority

the right to erect

and confer parishes, to receive the customary revenues,

the office of
to correct abuses, and decide causes
14

preaching; of maintaining the purity of faith through

out the diocese; of providing lor the religious instruc
tion

of

the

in

faithful

schools, colleges,

and

the like.

Hence, wherever the civil government, either entirely or

even but partially, excludes the influence of the Church from

becomes the duty of bishops

to en
deavor, by all means in their power, to establish schools in
which secular teaching is not opposed to the principles of
schools, colleges, etc.,

it

16

faith.
8
7
*

11

14

Lib.
Cfr.

i.,

tit.

xxxi., n. 26.

Can. Omnes

Bouix De

18, dist.

Episc., vol.

22

i.,

Can. Loquitur

Phillips, Kirchenr., vol. vii., p. 51.

Phillips, Lehrb., p. 253.

i, c.

Re iff.,

p. 32.

I5

1.

"Walter,

xxiv., q.

I.

c., n. 68.

p. 273.

Ib., n.

6j

66.

"Reiff., 1.

Phillips, Kirchenr.. vol.

vii.,

c.,

pp 44-47.

Of

Are bishops superior

537. Q.

33

Bishops.
to priests

A. Affirmatively. This is de fide, being thus defined by

If any one s;i:h ih .t bishops are
the Council of Trent:"
"

not superior to priests, let him be anathema." It is true that

in the primitive ages of the Church bishops were not, in name
17

This, however,
(quoad nomeii), distinguished from priests.
was not owing to a belief that priests were of the same dig

the power or dignity (quoad

nity with bishops; for, as to
was always recognized between the two,
reni), a distinction

even from the very beginning of the Church and

of the apostles.

what respect are bishops, jure

538. Q. In

to priests

A.

time

divino, superior

for bishops can adminis

orders and confirmation which
"

In the potestas ordinis ;

i.

ter certain sacraments

priests

in the

18

v.g.,

cannot validly administer.

20

2.

In \hepotestasjuris81

that dioceses, and, therefore,

for Christ willed

dictionis ;

not only

laics,

should, as

but also priests and ecclesiastics in general,

rule, be governed by bishops as ordinary

Dastors.

ART.

of the Apostles ?
Bishops hold?

Are Bishops

539- Q-

apostles

A.

the Successors

do

?
I.

It is certain

xxiii.,

"Ferraris,
"

From whom

what sense are bishops the successors of the

can.

Dionysius,

De

Craiss., n. 861.

9 Cone.

vii.

ib

V. Episcopus,

some sense, bishops are the

but in what sense ? Before an-

that,"

successors of the apostles

w Sess.

II.

cap.

art.

i.,

in

iv.

n. 28-32.

Eccl. Hierarch., cap.

w Bouix,

Trid., sess. xxiii., cap.

iv.

iv.,

ap. Ferraris,

1.

c.,

n. 30.
"

1.

c.,

pp. 34-4*.

Th -. P- IO*

33 2

Of Bishops.
we premise Three powers must be

swering

"

distinguished
in the apostles: I, the potestas sacerdotii, or the
power to
consecrate the body and blood of our Lord and forgive
2, the potestas ordinis cpiscopalis, or the plenitude of
the priesthood i.e., the power to ordain priests, confirm,
etc
3, the potestas apostolatus
i.e., the
power to forgive

sins

"

sins

everywhere, appoint bishops

a word, the

all

over the world,

etc.

to exercise,
subordinately to Peter
without
limit
as
to
jurisdiction
any
place, persons, or mat
ters (jurisdictio universails}.
These three powers were
in

power

given the apostles by Christ himself.

we

II.

Having premised

are, as a

reply
Bishops
body, not as individuals,
the successors of the apostles in other words, the collegium
fpiscoporum succeeded the collegium apostolomm
Hence,
this,

with the exception of the Roman Pontiff and

perhaps the
of
no
individual
Jerusalem,
Bishop
bishop can claim to be
the successor of the apostles in the sense that the see occu
pied by him had one of the apostles for its first bishop." It
said, therefore, that this or that bishop is the suc

cannot be

cessor, v.g.

of

Andrew

or John.

2.

Bishops are the suc

cessors of the apostles, as to the potestas ordinis?*

bishops have, by virtue of their consecration, the
character episcopates
with the apostles, and hence the

For
same
same

power of order. 3. Bishops, moreover, are the successors

of the apostles, quoad potestatem jurisdictionis, though not
quoad aequalitatem, but only quoad similitudinem jurisdic

We

tionis.

quoad similitudinem jurisdictionis, for

say, only

the jurisdiction of the apostles, as we have shown, was uni

versal ; as such it was extraordinary, personal, and there
fore lapsed with the apostles.
The jurisdiction of bishops,
**
81

"

M
*

Suarez,
Cfr.

De

Bouix,

Fide, part
1.

c.,

i.,

Phillips. Kirchenr., vol.

Ib., p.

53

Reiff.

1.

cfr.

disp. x., sect,

i, 2.

pp. 46, 47.

i.,

cfr.

Bouix,

I.e.,

Soglia. vol.

Bouix,

1.

c.,

i.,

p. 265.

p. 48.

"

Soglia, I.e., p. 266.

n. 76

pp. 176, 177.

Phillips,
p. 53.

1.

c.,

pp. 173, 174.

Of

333

Bishops.

on the other hand, is particular ; what the apostles could do

all the world over bishops can do only in their respective
31
dioceses.
Hence, the authority of bishops, as we nave
but not equal, to that of the apostles.

said, is similar,

540.

Do

bishops receive jurisdiction

or from the Pope ?

Q.

from God
33
A. There are two opinions.
itself

jurisdiction

of

bishops

The
is

first

32

immediately
holds that the

communicated

directly by God, and

the exercise of jurisdiction

that in their consecration

Roman

the

entire jurisdictio episcopalis

diately

by God

them

but that

depends upon the authority of

Hence, according to this opinion, the

Pontiff.

"

to

is

conferred upon bishops

imme

the assigning of territory and subjects

35
The
belongs to the Pope.

for the exercise of jurisdiction

second affirms that bishops receive jurisdiction itself, as well

as the right to exercise it, immediately or directly from the
3

Pope, and that by their appointment or preconization.

I.
This question is not one of mere words,
Observations.
but of very practical bearing.
For, if the second opinion
it follows that the jurisdiction of bishops may
be validly (though not licitly) restricted, or even entirely
while, ac
withdrawn, by the Pope without a causa justa ;

be admitted,

"

such action of the Pope would be in

2. It does not, however, follow from
that
the second opinion
bishops are but vicars of the Pope
for it involves no repugnance to say Christ willed that

cording to the

first,

valid as well as

illicit.

same
bishops should hold directly of the Pope, and at the
81

Phillips,

We

ordinis

1.

c.,

pp. 174, 189.

for it is certain that bishops receive the potestas

;
from
and that in their consecration. (Salz., lib. ii.,
God,
directly

say, jurisdiction

I34-)
33

We

speak nere of jurisdiction as vested in bishops individually, pre

from
the question as to how jurisdiction is conferred upon bishops
scinding
M Cfr.
n.
as a body.
35

(Craiss., n. 868.)

supra,

"

Bouix,

1. c.,

pp. 55, 56.

Bouix,

1.

pp. 60, 61.

"

c.,

242.

Cfr. Salzano, lib.

ii.,

pp. 134-13?

Of

334

Bishops.

time that the Pope should

ordinarily appoint bishops not
merely as vicars ad nutum revocabiles?* but as pastors who
should govern their dioceses proprio nomine and be irre

movable except
that,

for cause.
Our Lord, in fact, willed
3.
a general rule, dioceses should be committed to

as

We

bishops to be governed by them as ordinary pastors.

say, as a general rule ;
for, in extraordinary cases
i.e., ex
ceptionally and for just cause the Pope may entrust the

government of

this or that diocese to a

priest, vicar-apos
40
or
but he cannot simultaneously depose all
tolic,
chapter
the bishops of the world, and rule all the dioceses of Chris
;

tendom by

vicars or delegates.

41

Have bishops immediate or but mediate jurisdic

tion over the members of their dioceses ?
A. Some writers erroneously assert that
parish priests,
Q.

541.

not bishops, have, jure divino, the direct

charge or care of
the faithful that bishops, in
consequence, are merely to see
that parish priests fulfil their
parochial duties, and, if need
be, to remedy the negligence of pastors."
That this is false
;

appears,

i,

from the

fact that parish priests are of ecclesiasti

cal institution
only, did

and therefore have

not exist prior to the fourth

century,
not, jure divino, the immediate care of

souls.

Bishops alone, in the first ages of the Church, either

personally or through others, exercised the cura animarum.
2.
Again, it is admitted that a bishop may, even without the
consent of the pastor, either
personally or through others,

perform parochial functions

43

baptize, hear
confessions, celebrate marriages, etc., in every church and
parish of his diocese.
3. Nay, he may order, even against
the wish of the parish priest,
extraordinary exercises to be
held in a parish, such as retreats, missions, and the like. 44

Bouix,
Ib

1.

c.,

c., p.

Ib.

pp. 76, 77.

82.

Cra-V--.. n. 873.

v.g.,

cfr.

41

Ib., p.
"

Ib.

preach,

Cone.

Trid., sess. xxiii., cap. Ir.

109; Craiss., n. 880.

**

Ib., n. 874-

Of
Now,

all

335

Bishops.

immediate
necessarily supposes that he has
been said
has
What
diocese.
his
throughout

this

jurisdiction

to the
applies, a fortiori,

As

United States.

two

a rule,

We

same
say,
bishops cannot be placed over the
I. Where the faithful are of
are:
the
;
exceptions
45
Where the
different rites or have different languages.
the
bishop
faithful are merely of different nationalities,
should appoint a special vicar-general or secretary for those
2. Where a coadjutor is given to
of a different nationality.
diocese.

as a ride

542.

who is sick or otherwise disabled.

Q. What constitutes the essence of the

A.

i.

a bishop

episcopate?
the sacerdotium pertains to the
46
No one but a priest can be
office.

It is of faith that

essence of the episcopal

a bishop. Hence, no layman, or even deacon, elected as
a true bishop except after
bishop, was ever regarded as
2.
Not
a
only the sacerdotium, but
priest.
being ordained
the plenitude sacerdotii,

is

essential.

For bishops, as we have

ordinis.
seen, are, jure divino, superior to priests, potestate
more
fuller
and
is
of
The sacerdotium
per
bishops, therefore,

than the sacerdotium of priests, and is properly termed

the fulness or complement of the priesthood (plenitude

fect

sacerdotii

3.

).*

The plenitude

sacerdotii essential to the epis

the plenitude sacerdotii not merely as directed to

the exercise of the potestas ordinis" but as ordered to the
exercise of the potestas jurisdictions or the government of
is

copate

the Church.

Hence, the episcopal dignity

is

correctly
as instituted by
the
of
priesthood,
plenitude
49
The above re
Christ for the government of the Church.
a
of
definition
the
marks will also explain
bishop given

denned

us.

by

4.

The

00

48
"

47

Craiss., n. 878, 879.

Cfr.

Cone.

Ib.,p. 91.

*"

PI. Bait. II., n. 82.

Bouix,

I.

Bouix,

1.

Supra,

n. 534.

c., p.

c.,

8q.

pp. 89, go,

Of

336

Bishops.

SECTION

Of

the Rights

II.

and Duties of Bishops

in Particular.

Some

of these rights and duties emanate from the

potestas ordinis, and are divided into jura ordinis communia
v.g., the administration of penance, the care of souls, and
543.

jura ordinis reservata or propria v.g., the conferring of

orders; others from the potestas jurisdictions
v.g., the
51
and
executive
We
legislative, judicial,
authority.
pass to
into

the several duties.

ART.

De

Duty of Residence
544. In

order that bishops

I.

Obligations Residendi.

may be

charge their duties, they are, even

able to properly dis

though they be cardinals,

B2

jure ecclesiastico, to reside in their dioceses.

residence to which they are obligated is therefore not
merely a material and otiose, but a formal and laborious,

bound, at least

The

residence"

i.e.,

they are bound not only to live

in their

The
dioceses, but also to discharge their duties therein."
fulfils
the
of
residence
in
bishop
precept
any part
by residing
he is not obliged to live in his episcopal
of his diocese ;
"

city,

or

though he should not remove from

it

his vicar-general

tribunal."

545.

How

long and for what causes Bishops may absent

from their dioceses. 1. Bishops may, for just
and when it can be done without detriment to their
be absent from their dioceses three months every

themselves
causes,
flocks,
61

Gerlach, Lehrb., pp. 312-320.

Craiss., n. 882

68

Bouix, De Episc. vol.

M Cfr. Cone.
Trid., sess.
.

ii.,

p. 5.

xxiii., cap.

i.,

d. R.

**

Thus, the Council of Trent says that bishops are bound to personal
*
dence
in sua erclesia -r/ ciiot-cesi
(1. c.)
Rouix, 1. c., pp.
"

resi

"

5, 6.

Of

Bis hops.

337

continuously or interruptedly," and without

any permission whatever, whether from the Holy See or
68
the metropolitan.
We said above, for just causes. Some
consider the need of mental relaxation a suffi
canonists
year,

either

""

months

cient cause for an absence of three

others for but

one month.

This absence should not occur during Advent

or
or Lent,
on Christmas, Easter, Pentecost, and Corpus
60
II. At times
Christi.
bishops may, for certain causes, be
absent more than three months in the year. Now, what are
6

these causes?

Christian charity ^Christiana caritas] v.g.,

to convert heretics, establish peace among Christian rulers.
I.

"

if a
(iirgcns ncccssitas)
v.g.
bishop is
ill
or
of
reason
health
to
obliged by
persecuted
change cli
mate."
3. Obedience due others (pbedientia dcbitd]
v.g., if
2.

Urgent necessity

a bishop

Pope.
or the

called away by his lawful superior," v.g., by the

The
evident utility (evident utilitas) of the Church
4.
commonwealth v.g., the attending general or pro
is

vincial councils, or

Congress,

etc.

even

The Pope

rule, requisite in

these

86

such as Parliament,
permission in writing is, as a

civil

diets,

III.

They may, however,

without the express permission of the Holy See, be absent
nore than three months in the year for the following causes
I.
In order to pay their prescribed visit to the Apostolic
See (ad visitanda sacra limina). If their diocese is in Italy,
all.

cases."

they may be absent four months if out of Italy, seven

2. To be present at oecumenical or
months.
provincial
;

councils.

3.

To

We

assist at

the

conclave"

(in

case they are

said above, without the express permission;

cardinals).
for it is evident that the implicit permission is contained in
Cone. Tnd., sess. xxiii., cap. i., d. R.
Ferraris, V. Episcopus, art. iii., n. 29.
*
Bouix, I. c., p. 8 cfr. Cone. Trid., 1. c
*"

**

Craiss., n. 887.

**

"

n
Salzano,
M

lib. H.,

Phillips, Lehrb., pp. 155, 156, n. 18-23.

Ib., n. 7, 8.

Cone. Trid.,

1.

c.

pp. 147, 148.

"

Craiss., n. 800.

**
"

Ferraris,
Jb.

1. c.,

a.

&

Of

Bishops.

the very cause of the absence.

These three cases
be said to be included in the debita
obcdicntia."
546. Q. Is a bishop excused from the
of

may

also

residence
duty
on account of the
danger of contracting a contagious dis

ease

A. He is not, even
though he has a coadjutor. Although
he cannot leave his diocese
during a pestilence or other
contagious disease (tempore pestis}?* yet he
may remain in
those parts of the diocese which are safer
and less exposed
to the

70

contagion.

547-

bound
diocese

Within what time are

newly-appointed bishops
to proceed to and take
up their residence in their
Q.

A. Those
in a

who

are at the

Roman

month from the day of

live in
Italy,

late the

A.

court must do so with"

those who
but out of Rome," within two
months; others,
dwell out of Italy, within four months."

who
548. Q. What

finally,

their

promotion

penalties are incurred

law of residence

by bishops who vio

Besides committing a mortal

sin, they forfeit the
74
(with us, their income as
bishops

fruits of their benefice

their

salary) in proportion to the time of their ab

76
sence;
hence, they cannot retain such income or
salary,
but are bound, or in their default their
ecclesiastical supe76
rior (i.e., the
metropolitan ) for them, to apply them (i.e.,
fruits, salary) to the fabric of the churches or to the
poor of
the place
of the diocese. 77 This
is
latae
sentenpenalty
*>.,

/>.,

But

if a
bishop is unlawfully absent more than a year,
the metropolitan must denounce him to
the Roman Pontiff

"

Ferraris,

1.

c., n. 7, 8.

Ferraris,

c., art. iii., n. 12,

cfr.

Salzano,

1.

13.

Bouix,

c.,

Cfr Craiss..

Ib., pp. 17, 18.

Izano,
**

I.

c., p.

149.

Cone. Trid., sess. xxiii., cap.

Salzano 1. c., p. 149.

n. 893.

Phillips,
i.,

d. Ref.

p. 148.

DC

Episc., vol. ii, pp. 16, 17.

Cfr. Ferraris,

Lehrb

.,

p.

I.

156.

cfr. ib., sess.

vi.,

c.,

r3.
Ib.

cap.

i.,

d. Ref.

Of
either

letter or

Bishops.

339

79

within the space of three

months, so that the Pope may proceed against the said non
resident prelate, and even depose him.
If the metropolitan
himself be thus absent, he must be denounced
the oldest

by

messenger,

"

by

resident suffragan bishop.

The precept of residence is un
also
doubtedly
obligatory on the bishops of the United
States.

81

Can bishops

Q.

549.

United States absent them

in the

selves from their dioceses

more than three months

in the

year with the permission merely of the metropolitan,

of the oldest resident suffragan
without that of the Pope ?

his

absence,

The Council

A. They cannot.

of Trent,

or, in

bishop, but

52

it is true, enicted that the permission of the Pope or

metropolitan was
but herein the council was amended by Pope
required
;

Urban

83

VIII.,

who decreed

that the

Roman

Pontiffs alone

could give the requisite permission. 84

Father Konings/
however, maintains the contrary the distinguished moralist
;

quotes, in favor of his opinion, decree 91 of the Second

Plenary Council of Baltimore, which simply contains or

gives

Tridentine

the

on

decree

residence,

without

the

emendation of Urban VIII.

ART.
Duty of Visiting

the Diocese

("

II.

De

Episcopali Dioecesis Visita-

tione."}

Definition and Object of Episcopal Visitations.

bishop, in order to be able to properly govern his diocese,

550.

"

Phillips,
"

"*

"

81

Cone.

1.

"

c.

PI. Bait.

II., n.

Sess. xxiii., cap

Cpnst.

i.,

Simla Syn

Bouix,

1.

p.

6.

191

cfr.

Ferraris, V. Episcopus, art

Cone.

PI. Bait.

I.,

iii.,

n. 35, 36

n. 5.

d. R.

1634

cfr.

Craiss., n. 889.
"

TheoL Mor,

n.

1134 (4

Of

340

Bishops.

and report correctly to the Holy See 80 when he pays his

visit ad sacra limina, should be well informed of the state of
his diocese.
Now, he can best inform himself on this head

by travelling

over, his diocese,

the condition of

and thus personally inspecting

various churches

its

(visit atio cpiscopalis).

In the East, bishops from the earliest times deputed priests

while in the West bi
(visitatorcs] to make the visitation
;

shops were already,

sonally traverse or

in the sixth
visit their

which had, to some extent,

87

century, obligated to per

These

dioceses.

fallen into

visitations,

desuetude, were re

88

established by the Council of Trent, and made obligatory

on bishops and others having the right to make visitations.
The object of visitations is chiefly to maintain sound doc

and preserve good morals, correct abuses, etc.

551. Q. Who have the right to make visitations?
A. All ecclesiastical prelates who have jurisdictio ordinaria over persons/
The vicar-capitular, sede vacante, also
90
has this right.
The vicar-general, however, has no such
when specially commissioned to that effect by
right," except
trine

Bishops are obligated to visit their dioceses

unless
personally,"
they are lawfully hindered from doing
so v.g., by sickness.
often is a bishop bound to visit
the bishop.

How

A bishop not only can, but is obligated, either

or
personally
through others, whether priests or deacons, to
visit once every year, or, if his diocese be very large, once
his diocese?

93

every two years, his entire diocese and its churches.

552. Q. Are bishops in the United States bound to

How

their dioceses?

A.

visit

often?

Meminerint episcopi se dioeceses suas

non solum ut confirmations sacrarnentum administrent, verum etiam ut gregem sibi creditum
i.

They

are

"

visitare districte teneri,

"

Phillips, Lehrb., p. 255,

*
*
*

Sess. xxiv., cap.

Ib., n. 9.

Ferraris,

iii.,

1.

c.,

18

"

Ib.,

135.

d. Ref.
Ib., n. 19.

**

pp. 256, 257.

Ferraris, V. Visitare, n.

Soglia, vol.

ii.,

p.

16.

I,

Of
94

34 i

Bishops.

are bound, according to the

Third Plenary Council of Baltimore" to visit their whole dio
Where the common law
cese at least once every three years.

bene

of the

They

2.

cognoscant."

Church obtains on
xxiv.

Trid., sess.

that

this point

bishops are

bound

the

is,

c.

3,

C.

to visit their entire

diocese at least once GyLg_ui&jiazs^

What persons and places are, in general, visit

the
bishop ?
by
A. Visitations are of two kinds, personal and local. The
first (yisitatio personalis] is an examination into the conduct
553- Q-

able

the second (yisitatio realis or localis], into

of persons, etc.
the condition of churches, into the administration of church
;

property, etc.

97

Having- premised

this,

we answer

I.

The

all the
following persons are subject to personal visitations
dio
of
the
secular
entire
the
clergy
faithful, but especially
9S
of
care
also regulars, in matters pertaining to the
cese
:

Hence, regulars who have charge of congregations

may be corrected by the bishop, if they neglect any of their

souls.

as a rule,
parochial duties. II. The following places are,
i
All church edifices within the
subject to local visitations
:

diocese.

99

All other ecclesiastical institutions

2.

v.g.,

hospi

100

v.g.,
3. As to exempt places
asylums, protectories.
monasteries where the monastic discipline is transgressed
the bishop can only urge the regular superior to correct
such abuses and cause the rules of the institute to be ob

tals,

served
fails

and if, within

and correct

""

to visit

six

months, the regular superior

his delinquent subjects, the bishop

the monastery is snh commenda

4. Regulars liv
are
visitable by the
monasteries
ing permanently out of their
103
in every reare
nuns
of non-exempt
5. Convents
bishop.

can do

so, if

"
"

96

Cone. PI. Bait.

97

Bouhc,

>*

Ib.;

1.

c., p.

25

Salzano,

cfr.

cfr. Craiss., n. 900, 901.

lib.

ii.,

p.

149.

C.

PL

Bait. III., n. 18.

Soglia,

1.

Phillips,

c., p.
1.

c.,

c.,

pp

"

100

Soglia,
HJ

II., n. 86.

I.

Cone. Trid.,

pp. 17,

Phillips,

18.

sess. xxi., cap. viii., d. R.

""

Craiss.,

1.

n 903.

17.
p.

257.

257, 258.

342

Qf

Bishops.

spect subject to the episcopal visitation I04 this

applies to
female religious communities in the United States.
;

all

554- Q- What are the various things to be

inspected or
enquired into during the episcopal visitation ?
A. i. Ecclesiastical places
church

(loca)v.g.,

ecclesiastical

2,

fonts, missals,

(res)v.g., tabernacles, baptismal

vestments, and the like, in churches 3, the
;

conduct of clergymen

official

edifices;

things

charge of congregations.
The bishop should, therefore, see whether pastors and assis
in

tants properly discharge their functions

(munerd) as regards
the administration of the sacraments, of church
property,
and the like; 4, the private conduct or the morals of the"
;

clergy and laity (pcrsonac)*

555. Q. Is an appeal admissible against the acts and de
crees of the bishop on visitation ?
What is to be done after
the visitation is finished ?

A. i. The episcopal visitation should be a

paternal ex
amination into the state of parishes and other ecclesiastical
institutions of the diocese I06 hence, he should
dispense with
formal trials and judicial penalties.
But, it he proceeds
judicially, or inflicts regular penalties, as dismissal from
107
an appeal lies, even in suspensive; otherwise,
parish,
;

2. After the
only in devolutivo
visitation, an authentic ac
count of it should be drawn up, 108 to enable the
bishop, in his
visitatio sacrorum liminum, to
an accurate re
give the

Pope

110
port of the state of the diocese.
3. The bishop-, cannot
receive anything for the visitation, save food or
hospitality
1

(procuratio, victualing
*"

Bouix,

1.

109
11

money
ir.,

c.

Craiss., n. 914.

Or

and

in places

Phillips, Lehrb., p. 258

1OT

"

Bouix, de Episc.,

iii.,

it

is

d. R.)

t.

cfr.

2. p. 35.

the custom

Salzano,
I08

C. PI. Bait. III., n. 18; Phillips,

equivalent in money, where those

rather than hospitality.
(Soglia, 1. c.,
its

cap.

where

106

c., p. 31.

108

Phillips.

"

who
p.

I.

c.,p. 149.

Supra, n. 447.

1. c.,
p. 255.
are visited prefer giving
9; cfr Cone. Trid., ses*.

Of

Bishops.

343

whatever be received by him, such custom

should be observed. (See C. PL Bait III., n. 18.)
that nothing

ART.

Of

the Obligation

III.

Incumbent on Bishops

to Visit the

Holy

See.

556. The duty resting- on bishops to make the visitatio

i. in the visit itself, or
liminum consists chiefly,
journey to
in
their
the Holy See; 2,
submitting to the Pope an accu
rate statement of the condition of their dioceses (rclatio status
1

Ecclesiae}.

By

"

the limina apostolorum

where the Pope resides. n

make the visit ad limina ?

we mean

the place
are
persons
obliged to
certain that, at the present

What
It is

dav, patriarchs, primates, archbishops, and bishops, even

are bound, sub gravi, to make
though they be cardinals,
the visitatio sacrorum liminum at stated times.
The bish
1

of the

ops

"

United States are obliged to make

this visitatio

every ten years, as was seen. These ten years must, in all
cases, be computed from the day on which the Const. Romanus Pontifex of Sixtus V. was published, namely, from

December

20,

1585.

made
years from Decem

Again, the visitation need be

but once within every given space of ten

For the principal object of the visitation
ber 20, 1585.

make

a full report to the

the state of the diocese.

is

to

Holy See once every ten years of

Consequently once this decennial

report has been made during the respective decennial term,

v.g., during the term beginning with December 20, 1885,

and ending with December 20, 1895, it need not be made

over again during the same decennary.
1

"

ART. IV.
Duties of Bishops in regard to the Management of Ecclesiastical
Seminaries Of Seminaries in thi United States.
557.

The

supervision of seminaries

is

one of the chief

The history of episcopal seminaries is

bishops.
divided chiefly into two periods one prior, the other sub-

duties of

ns

Ferraris, V. Limina Apostolorum, n.

116

Inst. S. C.

de Prop. Fide, June

i.

9.

m Ib.,

n. 29.

Ib., n. 5, 30.

1877: Cone. PI. Bait. III., n. 13. 17.

Of

344

Bishops.
8

I.
Episcopal Seminaries
sequent, to the Council of Trent."
Trent.
the
Council
Seminaries
houses set
of
before
i.e.,

apart for the education of youths wishing to embrace the

are traced by some canonists 119 to the
ecclesiastical state

very beginning of the Church by others to the Council of

Nice (A.D. 325) and by several to St. Augustine, who, ac
12
cording to Phillips, had set apart a place in his episcopal
;

"

where youths were brought up for the priest

hood. That seminaries existed already in the sixth century
121
is indisputable.
Thus, the Second Council of Toledo, in
residence,

"

Spain, ordained that boys dedicated by their parents to

service of the Church should be brought up under the
th<

tuition of a director, in a house belonging to the cathedral,

and under the eye or supervision of the bishop.

Nay, it is
in
the
sixth
certain that,
century, youths destined for the
sacred ministry were educated for the priesthood not only
1

"

episcopal colleges or seminaries, but in every parish

This was the custom throughout almost the
priest s house.
124
entire Latin Church.
Episcopal seminaries, which had,
in

since the eighth century, come to be superseded

by univer
125
were
re-established
and
sities,
placed on a more solid foot
II. Seminaries after the Coun
ing by the Council of Trent.
Trent.
seminaries
we
mean, at present, schools or
of
By

cil

126

where youths destined for the priesthood are

maintained, educated religiously, and trained in ecclesiasti

colleges

cal discipline.
118
119
131

Vetus

cap.

cii.

924

Tolet.
et

vol. vii.

p. 90;

cfr.

our Notes,

n.

148-155.

lib. iii., p. 186.

Craiss., n.

sinus,

"

Phillips, K.

Salzano,

m Cone.
i.,

cfr.

II.,

Nova

"

Devoti,

AD. 531

n.

lib. ii., tit. xi.,

cfr.

i,

note

Cone. Tolet. IV., A.D. 633

Ecclesiae Disciplina, part

i..

lib. iii.,

L.

c., p. 95.

cfr.

Thomas-

3.
;

cap. v.; part

ii.,

lib.

Lucae, 1728.

IS3

Phillips,

1.

c.,

pp. 95, 96.

The words

of the Council are

Debt-ant

[i.e.,

the boys] erudiri in domo Eccl,:siae, sub episcopali praesentia a pratposito. (Cfr.
Craiss.. 1 c.)
Salzano, 1. c., p. 186 cfr. Cone. Vasense II., A.D 529.

IM
"Bouix.l c.,

p.68.

Ib.

I37

Cone. Trld..

sess. xxiii

cap

xviii

d.

Re-

Of
What

are the principal enactments of the Coun

of Trent in regard to seminaries ?
A.
i.
bishop may have several seminaries; but he is
558.

cil

Bishops.

Q.

bound to have at least one, unless the poverty of the diocese

makes it impossible.
A common seminary should be
2.
established by the provincial council for those dioceses
which, on account of poverty, cannot have their own.
3.
Those only should be received into seminaries whose char
acter and inclination afford a hope that they will
always
serve in the ecclesiastical ministry.
Hence, colleges where
ecclesiastical students are educated
promiscuously with
secular students are not seminaries in the Tridentine sense

Not only students of theology, but also ol

4.
should
be admitted.
Youths to be received
classics,
5.
should be at least twelve years old and should at once wear
of the term.

the clerical dress.

"

Three committees are

spiritual, two for the temporal
i.
administration.
The committee on the spiritual direc
tion of the seminary consists of two canons of the cathedral
The bishop is obliged
to
chapter, chosen by the bishop.
hear the advice of this committee or commission, in regard
559.

Management of Seminaries.

to be appointed
1

one for the

I3I>

to the following matters chiefly

general rules for the seminary

The

laying down of the

the admission of alumni
;

the choice or selection of the books to be used

the punish
ment of delinquents the appointment and removal of pro
131
2. The first committee
fessors, confessors, and the like.
;

on temporal management of the seminary is composed of

four members namely, of two canons, one of whom is
chosen by the bishop, the other by the chapter l32 and of
;

two clergymen of the

""

"

"

Cone. Trid.,
Bouix,
Bouix,

De
1.

1.

c.

cfr.

city,

Bouix,

Capitulis, p. 424

c.,

pp. 430, 431.

one of

1.

c.,

whom

is

selected

by the

pp. 69, 70, 71.

Paris, 1862.

"

I:

Craiss., n. 929.
2

Ib .,

p.

433 seq.

Of Bishops.

346

The
bishop, the other by the clergy of the who*e diocese.
is
bound
advice
of
to
hear
the
this
committee, chiefly
bishop
on these matters

made

The

contributions or assessments to be

for the

support of the seminary the daily or current

of
the
expenses
seminary the administration of the entire
property and income of the seminary in a word, the whole
;

134

The second committee on tempo

temporal management.
ral management is also made up of four members, two of
whom are selected by the chapter and two by the clergy of
the city.

a sort of auditing committee, and should be

the administrators of the seminary hand in

It is

present when

their annual financial statement to the

tion.

acts,

Observa
even
for
the
obliged,
validity of his
to hear the advice of these committees
but he is not
i.

The bishop

bishop."

is

bound

to follow

The members

2.

it.

committees are irremovable except

Can bishops

Q.

560.

of the

for cause.

place religious

13e

communities

charge of seminaries ?
A. They can, under certain conditions.

We

"

certain conditions;

and second

first

for religious congregations

in

say, under
not, as a

do

undertake the direction of seminaries, save on con

I3
that their superior-general shall have the right to
the
rector and the professors
that they shall be
appoint

rule,

dition

"

allowed to manage the seminary without any of the above

committees finally, that the government of the seminary
;

cannot be taken from them except for cause.

Now,

all

these conditions are evidently contrary

to the above-men
tioned enactments of the Council of Trent. As bishops
have no power to derogate from the jus commune i.e., the

Tridentine decrees
133
134

*"

137

**

Bouix,
Craiss

p.
,

438

n.

Tone. Trid

930;
,

it

cfr. ib.,
cfr.

follows that seminaries can be given

De

Episc., vol.

Soglia, vol.

ii.,

ii.,

pp. 71. 72.

pp. 282-284.

m Craiss.,

sess. xxiii., cap. xviii., d. Ref.

*

Ib., n. 935.

Bouix, DC- Episc..

vol.

ii.,

p. 73.

Bouix,

De

n. 933, 935.

Capitulis, p. 443 seq.

Of

Bishops..

-4-

over to religious congregations only by authority of the

Holy See. When, therefore, a bishop wishes to entrust the
direction of a seminary to a religious body,
he should
an
into
with
the
enter
agreement
regular prelate of the
1

"

order or the superior of the congregation the articles of

agreement should then be sent to the 5. Congr. Concilii (with
;

Propaganda); and, when approved by this tri

bunal, they become permanent law, from which neither the
bishop nor his successors can recede.
us, to the

141

|3!F 561. Q. What are the chief enactments of the Third

Plenary Council of Baltimore respecting seminaries in the
United States?

A.

We

premise

With

two kinds

us there are

of semina

namely, major and minor. In the former philosophy

and theology, in the latter classics are taught.
As a mat
ter of fact, but few preparatory or small seminaries exist, the
ries

1 "

being frequently learned by youths studying for the

priesthood, in colleges or institutions, which, though under
classics

the direct control of bishops and priests, serve chiefly for

the education of secular students.
Again, prior to the Third
Plenary Council of Baltimore there were no committees ; the
bishop, rector, or procurator conducted the temporal as well
as the spiritual administration.
562.
ble,

We now

have

its

answer:

i.

Every diocese should,

own major and minor seminarv

ii

possi

set apart exclu

sively for the education of ecclesiastical students.

Where

one higher and one preparatory seminarv

should be established in each province.
However, the Third
this is impossible,

young men studying for the priest

to study their classics at secular colleges, wherever,
owing to want of means, small or preparatory seminaries,

Plenary Council allows

hood

which are exclusively for ecclesiastical students, cannot as

144

2. In the
yet be erected.
preparatory seminaries (where
they exist), the course of studies shall not be less than six
110

Cfr.

142

C. PI, Bait.

144

Cone.

Cone.

PI.

Balr. II., n. 408.

II., n.

175, 176, 177.

PI. Bait. III., n. 153.

141

Crai*s.. n. 935.

143

C. PI. Bait. III., n. 139 155.

Of

543

Bishops.

and comprise the vernacular (English, and in some

instances, also the German, Polish, French, and Italian lan
years,

146

be

shall also
146

ology.

major seminaries, the course of studies

two for philosophy, and four for the

in the

guages);

3.

six years,

For each seminary, major or minor, diocesan or

two committees must be appointed; each com

provincial,
mittee to consist of at least one priest. In the case of dio
cesan seminaries, the members of these committees are

appointed by the bishop with the advice of the diocesan

consultors

bishops

case of provincial seminaries, by the

province, without the advice of the con-

the

in

of the

these committees has the right and duty

One
of advising the bishop in all that concerns the spiritual
government of the seminary, as explained above (n. 559); the
other, in all that regards the temporal management, as out
suitors.

^>f

We

said above, n. 559, that the advice

lined above, n. 559.
of the committee on temporal management is necessary in
regard to the contributions or assessments to be made for

The
the support of the seminary. This needs explanation.
of
committee
this
take
is
to
the
advice
bound
bishop
in

imposing the tax, and that both as regards the gross

to be raised, and the rate at which each church is to

amount

be assessed.
rate,

But once he has thus

fixed the

amount and the

without the advice of the deputies. 14

are indeed obliged to take the advice of

he can collect

it

Bishops, with us,

these committees under pain of having their acts annulled;
but they are not bound to follow it.
4. Seminarians are

allowed to go home during the vacations. But while on

vacation they are placed under the supervision of their par
ish priest, to

whom

they must present themselves, at the

and by whom they may be em

beginning of the vacation,

ployed in teaching catechism, serving at the altar, etc. At

the end of the vacation, the parish priest is obliged to inform
the bishop, or the superior of the seminary, by sealed letter,
of the conduct, etc., of the seminarian. (C. PI. Bait. III.,n. 177.)
us

Cone.

IM. Bait.

III., n. 147.

146

Bouix.

De

Cap., p. 439.

Of

Bishops.

349

ART. V.
Rights

and Duties of Bis /tops

Synods (De

et

Officio

as regards the holding of Diocesan

Potestate Episcopi quoad Synodum

Dioeccsanam).

Those meeting s 159 are called diocesan

synods (sy nodus dioecesand) where the bishop assembles the
563.

Definition.

clergy of his diocese in order to treat of matters that relate

154
The word
charge or the care of souls.

to the pastoral

council is at present applicable

only to oecumenical, national,
and provincial synods, but not to diocesan assemblies. 161
The enactments of diocesan synods are named statutes (statutd),

decrees

term canons

which are

The

constitutions (constitutiones).

(decretd),
is

at

present applied to those decrees only

binding on the entire Church v.g., those of

oecumenical councils. 158

564. Q. How often are diocesan synods to be held in the
United States ?
A. ~i. Once every year,
wherever this is feasible. 2.
Quoad si, ob locorum distantiam aliaque peculiaria rerum
1

"

"

adjuncta,

magno

foret

incommodo synodum quotahm s

brare, curent episcopi, ut

recognitui/i concilium

saltern post

cele-

habitum ac a Sancta Sede

provincial sive plenarium,

quam

levissima

mterposita mora, synodum convoccnt dioeccsanam, in quo statuta provincialia seu plenaria omnibus
promulgentur, atque
executioni dentur."
Again, we ask, Is the Tridentine de

cree enjoining the annual celebration of diocesan

163

p.

See our article on Dioc. Syn. in Brownson s Quarterly Review, July, 1875,
!M
Craiss., n. 80 cfr. our Notes, n. 37.

314 seq.

"Bouix,
157

1.

c.,

156

pp. 348, 349.

Bishops neglecting

to

Bened. XIV.,

De Syn.,

lib.

Cone.

i.,

cap.iii.,n.

hold synods annually incur suspensio ab

which penalty is ferendae, not latae sententiae (Bened. XIV.,

n. 5
cfr. Cone. Trid., sess xxiv., c. ii., d.
R.)
168

synods

PI. Bait. II.. n. 67

cfr. ib., n. 63.

1.

c.,

3.

officio^

cap.

vi.,

Of

3 so

Bishops.

obligatory, sub gravi, even at the present day ? It is, wher

ever the holding of synods is practicable, and especially
where, as in the United States, no hindrances of a political
1

nature stand in the way. Some j^anonists^ however, hold

the negatiyej^asserting^tiiat synods have almost everywhere
109

Again, what persons have~power to

convene diocesan synods? i. Bishops, as soon as they are
16
confirmed, and even before the}^ are consecrated
they
other
or
to
convoke
and
persons
may depute vicars-general
in
2.
their
stead.
Vicarsover
capitular,
preside
synods
sede vacant e, and in the United States, by analogy, adminis
desuetude.

fallen into

"

"

trators of dioceses.
565.

What

Q.

persons in the United States are obliged

to attend diocesan synods

A.
163

Praeter sacerdotes

"

i.

"

curam animarum haben-

saeculares sive regulares, omnes etiam in

tes,
dignitatibus quibuscunque constituti, rectores etiam seminariorum, hujusmodi synodis interesse debent." 2. Also all
sive

sint

superiors of monasteries situate in the diocese and not

104
Observe, the bishop is
governed by a general chapter.
the sole law-giver in these assemblies, and therefore he

alone has a decisive vote

consultative voice.
566.

Officials

I.

-There are two kinds of synodii.e., those who per

officiates synodi

of Synods.

""

cal officials

The

form certain functions

in

and during the synod

m Cfr.
181

168

Boui*, 1. c., pp. 351, 352.

Ferraris, V. Synodus Dioec.,

By

We

rule, to attend.

of the clergy

is

to

16

"-

be treated

say, as a rule ; for,

of, all

ecclesiastics

vii., p.

Cone. PI. Bait.

if

These

itself.

Phillips, Kirchenr., vol.

n. 13.

custom only pastors, not

virtue of universal

bound, as a

members have but a

the other

185

204.

II., n. 66.

their assistants, are

a general reformation

must attend.

Cfr. Phillips,

Lehrb., p. 354.
164
IBS
166

C. Trid. sess. 24,

Ferraris,

1.

c., n.

c.

2.

de Ref.; Bened. XIV.,

De

Syn.,

Gavantus, Praxis Exactissirna Syn. Dioec., pars,

cap. xxx., n.

1.

3,

c.

i.

n. 8.

42, 43.

cap. xxxi., n.

i.

Venetiis. 1668.

i.,

cap. xviii., n.

i,

Of

Bishops.

35!

are, at present, chiefly the notary,

secretary, promoter, and
master of ceremonies they are, as a rule,
appointed in the
;

preliminary meetings (congregations praesynodales), usually

held some time prior to the
day fixed for the synod. II.
The officiates clcri are those functionaries who are elected
indeed in the synod, but whose duties
begin only at its end
and last till the next synod
are
i.
They

Synodi-

chiefly:

cal

judges (judices synodales,jitdices

in partibus, judices
pro-

IC9

synodales ), to whom all cases of appeal from the decisions

of ordinaries are committed
are
by the Holy See

they
Papal delegates, and must not be confounded with our com
missions of investigation, where the latter still exist. 169 2.
Sy nodical examiners (examinatores synodalcs), whose
it
;

duty
conduct the examinations for appointments to
parishes
in forma concursns.
Where no synod is held, the bishop
may, with the consent of his chapter in the United States,
is

to

with the advice of the consult ors (Cone. PI. Bait.

III., n. 25)
appoint the synodical examiners out of synod, provided he
173
has previously obtained the
See.
permission of the
1

3.

to

"

Holy
The Third Plenary Council of Baltimore counsels
bishops
make use of the synodal examiners also for the examina

tion of the ordinandi, of those

confessions, of the

who

junior priests,

are to be approved for

and of the alumni who

wish to be admitted into major seminaries.

Appeals against Statutes of Diocesan Synods.

It is allowed
See
to
Holy
Ferraris, not to the
(according
statutes
of
diocesan synods; 173 such
metropolitan) against
appeal, however, has only an effectum devolutivum, not suspensivum, and does not, therefore, suspend the
of

to appeal to the

obligation

complying with the statutes pending the appeal. 174

167

Gavant,

168

vi

Cfr.
"

"

P10
I7i

""*

xiii.,

1.

Cone.

c.

cap. xxx., n

6 9-

Cfr.

7.

Tricl., sess. xxv., cap.

x., d.

169

Cone. Trid.,

Cone.

PI.

cfr.

Phillips, Kirchenr., vol.

Cfr. Instr. S. C. P. F., 1878.

sess. xxiv., cap. xviii., d. R.

Bait. III., n. 25.

Salz.. lib.

i.,

p. 46.

Ferr. V. Svn., n.
Leo XIII., Const. Romanos Pontifices, iSSi, Bened.
XIV., De Syn.,

cap. v

12. 13.

"

44.
lib

Of

352

Bishops.

Theological Conferences.

567.

These serve

to

remedy,

in a

measure, the rarer celebration of diocesan synods. Accord

ing- to the Third Plenary Council of Baltimore (n. 191, 192, 193),
these conferences (cottationes de rebus tlteologicis) should be
held four times a year in cities, twice a year in rural dis
i,

tricts
2, all priests, whether secular or regular, having the
care of souls, should attend them
3, the bishop lays down
the method to be observed, proposes the matters or ques
;

and the

tions to be discussed,

like.

176

ART. VI.

Of

the Legislative,

Judicial, Executive,

and Teaching Powtr

of Bishops.
I. Legislative Power.
\.
The bishop has power not
in
to
his
diocese
only
publish
Papal constitutions and the de
177
crees of oecumenical,
national, and provincial councils, but

568.

both

and

and
his
be
not
however,
people,
provided,
regulations
opposed
17
to the universal laws of the Church.
Constitutions enact
ed by the bishop in synod are permanent (statuta pcrpetud],
also,

in

out of synod,. to enact laws for his clergy

176

"

though not immutable

i.e.,

at the death of the bishop,

they do not cease to be of force

though they may be changed by

180

Are statutes made by the bishop out cf

181
2.
synod also perpetual ? The question is controverted.
The bishop, not the civil authority, can order public prayers
the successor.

for the necessities of the

Church, or because of other just

reasons; prohibit abuses that may have introduced them

selves in the administration of the sacraments, in the cele
bration of the Mass, and the like.
He may, in general,

ordain whatever tends to suppress vice, preserve virtue, and

maintain true faith and ecclesiastical discipline.
Can the
116
117

179
161

Leo XIII., Const. Romanes

Gerlach,

Bouix,

1.

De

c., p.

Episc., vol.

Hened XIV

Praecipuam, 1881.

Pontifices,

317,

De Svn

ii.,

lib

:8

80.
xiii

cap

v.

Our Notes,

n. 82, 83.

Soglia.

i..

and

vr>l

lit)

"
.

p.

287.

c..:a.

iv.. n. 3.

Of

353

Bishops.

bishop make synodal statutes without the consent or advice

ol

We

the chapter?

By

i.

premise:

synodal statutes

we

18J

mean those which

are at least promulgated in synod.

2.
said chapter, because it is certain that neither the assent
183
nor the advice of the other priests is requisite.
now

We

We

answer:

As

a general rule, statutes may be issued in

synod witJiout the consent of the chapter; except, however,
(a)

i.

when

this

consent

is

expressly required by law

v.g., in

new parish (b) where custom favors such

2. However, synodal constitutions are not valid if
consent.
made without the advice of the chapter. 166 Though the bishop
is bound to take this advice, he need not follow it.
3. So
the erection of a
"

186

far as

concerns the U.

the Third Plenary Council of Balti

S.,

consultorum exquiret episcopus

187
dioecesnna
indicenda
et publicanda."
Conse
pro synodo
with
are
if
with
made
us,
voidable,
quently synodal statutes,
more enacts:

"Consilium

out the advice of the diocesan consultors.

569.

Judicial Power.

II.

causes belonging in any

way

to say here that all

whatever to the ecclesiastical
Suffice

it

forum, even though they be causac beneficiales, matrimoniales t

or criminals, are to be taken cognizance of, in the first in
8
III. Executive or Costance, by the ordinaries of places.
1

active

Power.

The

bishop,

his

in

may

diocese,

enforce,

even under pain of ex

facto the laws enacted

under penalties and censures v.g.,

communication, to be incurred ipso
189
by himself and those of the entire Church.

IV. Teaching

Power. Bv virtue of his potestas magistcrii, the bishop is

teacher and doctor in his diocese out of general councils,
;

however, he cannot define questions of faith or morals fur

thermore, he cannot undertake to settle points freely dis;

1M
188
187

Jonc. PI. Bait.

Ifl6

Ib., n. 952.

""

**

"

Craiss., n. 949.

Bouix,

1M
1.

c.,

p. 390.

Craiss., n. 950, 95$.

Phillips, Lehrb., pp. 258, 259.

III., n. 20.

288

Soglia,

1.

c., p.

Bouix,

1.

c., p. 80.

cfr.

Cone. Trid.,

sess.

xxiv

xx

d. R.

Of

354

Bishops,

100

puted among theologians.

He

can and should watch over

schools, colleges, seminaries, and the

taught contrary to

there

is

thing

like,

faith,

and see that no

morals, and dis-

crpline."

ART. VII.

Of

Powers of Bishops

the

to

grant Dispensations.

of a law in some
dispensation is the relaxation
bind."
otherwise
it would
Dispen
particular case where
sations can be granted by the proper superior only. Bishops
can dispense from all laws made by themselves or their pre
enact
decessors, whether in or out of synod but not from
570.

ments of popes or oecumenical councils, nor, in general, from

We say, in general ; for
the common law of the Church."
I!M
in the
the
from
jus commune
bishops may dispense even
law
the
where
cases: I. Ex jure id permittentei.c.,
11

following

19

whether as enacted by the Sovereign Pontiffs

Oecumenical councils, either expressly, or at least tacitly

itself,

196

or
--

to

grant
by saying posse dispensari gives bishops 197power
Trent
of
Council
the
per
expressly
Thus,
dispensations.
intervene
to
interstices
the
from
mits bishops to dispense
between the reception of the various orders, whether minor

v.g.,

or major also to grant dispensations from the publication

198
2. By virtue of legitimate cus
of the banns of matrimony.
the
tom.
Thus, bishops dispense from the precept of fast,
and the like. This custom, to be
observance of
;

holidays,

awful,

must be immemorial

i.e.,

hundred years

not subversive of ecclesiastical discipline.

ft

""

Craiss., n. 954.

103

Ferraris, V. Dispensatio,

198

Bouix,

197

Sess. xxiii.,

c. xi.. d.

Ferraris,

c., n. 27.

199

n. 23.

194
I98

1.

c., p.

92.
""

1.

R.

Ib

and

Thus, the Pope may

interprctativa Pontificis delegation?

190

3.

old,

Ex pracsumpta

"

n 955-

Soglia. vol.
Ferraris,

1.

i.,

Ib -- n 957

p. 290.

c., n. 26.

Ib., sess. xxiv., c.

i.,

d. Ref.

Matr

Of

Bishops.

355

reasonably be presumed to authorize bishops to grant dis

pensations in urgent cases which admit of no delay. Thus,
a bishop may,

under certain conditions, relax an occult im

pediment annulling a marriage already publicly contracted.

Again, bishops, by virtue of the presumptive consent of the
Holy See, may dispense in matters of less importance and of
200

frequent occurrence.
4. By virtue of special delegation
of special faculties given to bishops by the Holy See

i.e.,

*"

v.g.,

foe facilitates given to bishops in the United States, for five

or ten years, or only for a certain number of cases. 208 5. In

where

In
doubtful whether a dispensation is needed.
cases of this kind bishops may either grant a dispensation for

cases

it is

the sake of greater safety (ad cautelam}, or

simply declare
203
that no dispensation is required.
observe r.

We

Bishops,

for
i, 2, 3, 5, can dispense from the jus commune
just reasons only, (U] and not universally
i.e., not for an
entire diocese, city, or community, but
only for individu
in

cases n.

(<?)

als.

204

The power

2.

of dispensing in cases

n. 1,2, 3, 5, as

a potestas ordinaria, and therefore, sede

for the same reason it may
vacantc, passes to the chapter
be delegated to others. 20

vested in bishops,

is

571.

the

Can

bishops, without having special faculties from

See, grant dispensations from the law of fast, of

Holy

abstinence from flesh-meat and white meats (ova et lacticinid),

and from the precept of abstaining from servile labor on fes
tivals of obligation

i.

They can grant

these dispensations

and that by virtue of universal custom,

sanctioned by the Holy See for it were morally impossible

to particular persons,

to recur to
case.

M0
"

"

2.

Rome

for a dispensation

in every particular
Bishops cannot, however, dispense from the

Craiss., n. 966.

01

Phillips. Lehrb., p. 178;

10

Cfr.

144

*"

cfr.

our Notes, pp. 463-476.

Soglia,

1.

Bouix,

1.

c., p.
c..

Gerlach, Lehrb., pp. 176, 293, 294.

- 03

290.

p. 96.

Ferraris,

I.

Ferraris,

I.

c., n.
c.,

n.

23.

10

Of

356

above laws

in

Bishops.
*

a general manner

city, or community

i.e.,

for a

whole diocese,

except by virtue of special faculties

bishops of the United States have facul

from Rome. 3. The

ties from the Holy See dispensandi super csu carniuni, ovoruin
et lacticiniorum tcmpore jijuniorum et Quadragesimae ;
they
may consequently, and in reality do, dispense, in their Regu
"

lations for

Lent,"

i.e., for the whole

universally
valid when conceded

diocese."

Are dispensations

by a bishop
can
bishop
dispense validly,
without just or sufficient cause, I, from his own laws or
those of his inferiors 2, also from the laws of his superiors,
572.

without sufficient cause

when

there

is

doubt either as to the existence or the

"

suffi

10

3, it is certain that
ciency of a cause for dispensation
he knowingly dispenses from the laws of his superiors T
;

if

g.,

from impediments without sufficient cause, the dispensa

It is, however, very probable that
tion is always invalid?
if a
just cause really exists, the dispensation is valid, even
1

though the bishop or chancellor, when giving it, thought

212
For the validity of dispensations de
there was no cause.
pends not upon the knowledge, but the existence, of suffi
cient causes.
Dispensations granted without sufficient rea
sons are always unlawful ; and both the person asking for
and the one granting such dispensations commit sin. Hence,
in the United States
the statutes of the various dioceses
that
dispensations, especially from the
usually prescribe
the
banns
and from the impediments of
publication of
"

marriage, be asked in writing, and

*"

2U J
1Ji:

aM

M8

Craiss., n. 973-9^0.

KenricL-, Mor. Tr. IV., pars

Ib., n.

that

ii.,

21

n. 48.

canonical

Fac., form.

i.

rea-

n. 27.

Craiss., n. 968.

970.

The following passage

of Rohlings

seems noteworthy

"

Inveniuntur

in

terdum, qui episcopis petitionem oretenus aut in scriptis offerunt, quin ullam
Scire deben dispensationem
prorsus dispensandi causam proponant.
ab epl-copo concessam omn.no nullain csie" (Medulla, p. 426).
,

*"

p. 15.

Cfr. Stat. Dioec.

Nov., pp.

10,

51;

cfr.

Srat

ita for. t

Dioec. Albanensis. 1869,

Of

Bishops
4

It would seem that,

assigned by the petitioner."
so far as the validity is concerned, dispensations may be
asked for orally, since they may valid ly be granted orally

sons

bft

by bishops.

ART. VIII.

On

the

Power of Bishops

in

regard

to

various matters relative to

the Liturgy of the Church.

I.
It
573- We shall here only touch on several points.
an error to attribute to bishops legislative power respect
ing the liturgy of the Church, independently of the Roman
2. The bishop, if absent from his cathedral,
Pontiff"
may

is

"

consecrate the olea catechumenorum

other church.

He may

holy
by the

infirmorum

in

some

also, in case of necessity, bless the

number

with a less

oils

et

of ministers than

is

prescribed

United States, also extra

Pontifical, and,
diem coenae Domini
We ask Can the Blessed Sacra
ment be kept in public chapels without special permission
from the Holy See? i. As a rule, the Blessed Sacrament
cannot be kept outside of parochial churches, except by per
the

in

mission from the

Holy

See.

19

2.

From

this rule are except-

ed the churches or chapels of regulars, and of nuns having

solemn vows and living in enclosure. 220 3. By special indult

from the Holy See, Sisters of Charity and other religious

communities of women, though not solemnly professed, may
keep the Blessed Sacrament in their chapels
the tabernacle should be kept by the priest.
574.

Can bishops
Mass

celebration of
""

516

"

*"

Cone.
Cfr.

Facult.

De

form,

1.

Kenrick,

Episc., vol.

i.,

n. 12

ap.

ii.,

the key of

commum permit

the temporary

We

say, temporary

in private

houses

PI. Bait. II., n. 332, 333, 385, 386.

Bouix,

Bouix,

de jure

"

"

"

p. 115.

Konings,

n. 1628, q. 6.

Craiss., n. 982

our Notes, p 464.

c.,

pp. 121, 122.

tr.

xvii.. n. 140, S. C.

"*

Ib., p. 123.

de P.

F.,

Aug. 1886.

Of

358
celebration; for

is

it

Bishops.

no longer allow

certain that they can

We

now
in private houses.
priests to celebrate permanently
it is commonly held
answer According to St. Liguori,
""

give such temporary permission. Bouix

assert that this
il. c.,
p. 127) and Craisson (n. 3568), however,
In
basis.
solid
has
no
fact,
according to two recent
opinion
in 1856) of the Holy
other
in
the
decisions one given
1847,

that they

may

still

would seem, cannot grant such temporary

es adsmt causae, and even
permission, except si inagnae et urgent
See, bishops,

it

What are the special

then only per modum aclus transenntis
powers of our bishops respecting the place of celebrating
Celebrandi sub dio et sub terra, in loco tamen decenti
Mass ?
"

This power, which

non possit."
was re
to
priests,",
may, in fact is usually, communicated
22
so
stricted by the Second Plenary Council of Baltimore;
in
celebrare
Missam
liceat
nulli
sacerdoti
at
that,
present,
.

si

aliter celebrari

"

aedibus privatis,

aedibus quas or-

nisi in stationibus, et in iis

dinarius designaverit

aut

dum

cul ab aliqua ecclesia, dat

actu missionis excrcitiis, pro-

operam."

Hence, priests cannot

make use of the above faculty of celebrating in quocunqnc loco

227
Can our
decenti in cities or places where there are churches.
the cold in
bishops, for grave cause v.g., when, on account of
allow
church
in
the
to
Mass
difficult
priests
winter, it is
say
Mass in their houses, even when the church is near
to

say

by

Kenrick

228

seems to imply that they may do

so.

a bishop exercise pontifical functions in the d o575.

i. He cannot, save by the express
cese of another bishop ?

Can

229
2. Formerly mis
permission of the ordinary of the place.
the
under
those
or
Propaganda (v.g.,
placed
sionary bishops,
the bishops of the United States), were forbidden to exercise

pontifical functions in

m Lib.

vi., n.

Celebr. Miss.
225
"

Konings,

2S3

358

cfr.

Konings,

any other but their own diocese, even

Cone. Trid.,
n. 1328.

n. 1329, quaer. 3.

*"

226

""

Ib.

de observ.

sess. xxii., Deer,

Fac., form,

n.

23
"

N. 362.
Cone. Trid.,

27

ap.

et evit. in

our Notes,

Kenrick,

1.

c.

sess. ri., cap.v.,

p. 467.

n. 87.

d R-

Of

359

Bishops.

The rigor ot
with the permission of the ordinary of the place.
law was modified by Pope Pius VII.," so that, at present,
1

this

rationabili causa, episcopi seu vicarii apostolici ad

alienas dioeceses vel vicariatus se conferunt, possint sibi in"quando

cicera

communicare facultatem

exercendi."

pontificalia

ART. IX.

Of the

Rights and Duties of Bishops in regard

of Confirmation.

Sacrament

to thj

I.
Minister of Confirmation. The bishop is the
576.
minister ordinarius of confirmation.
According to the com

mon

opinion of theologians, it pertains to the essence

of this sacrament, I, that the forehead be anointed; 2, in
the form of a cross ; 3, by the hand of the bishop, not with
333
The bishop is obliged, according to
any instrument.

some, even sub gravi, to use the thumb of his right hand in
anointing the forehead
yet confirmation, given with any
finger, whether of the right or left hand, is valid
nay, licit
234
if the thumb ol the
hand
cannot
be
used.
A bishop
right
;

administering confirmation in the diocese of another bishop,

even though it be to his own subjects, without the permis
sion of the ordinary of the place, incurs suspensio a Pontificalibus ipso

facto."

He

may, however, where

it

is

customary

confirm strangers in his own

237
diocese.
of
reason
universal
custom, it is not at pre
By
sent obligatory, though advisable, that the confirmator and
v.g., in

the United

States"

the person to be confirmed be fasting for it has become cus

238
It
tomary to give confirmation even in the afternoon.
;

seems forbidden,
a30

Decretum Innocentii

""Cone.

134

""

138

at least sub levi, to administer confirmation

M1

X., 28 Mart., 1651.

2is

PI. Bait. II., n. 404.

"*"

Kcnrick,

Kenrick,
St.

tr.
1.

Liguori,

xvi., n. 2.
2S?

c., n. 6.
i.

c.. n.

174.

Bouix,

De

Aug.

8,

1819.

Craiss., n. 987.
St.

Liguori.lib. vi.,n. 171

Episc., vol.

ii.,

pp. 212, 213

Of

360

Bishops.

outside the church, except for reasonable cause

it is certain,
that
a
this
sacrament
in his do
however,
bishop may give
;

mestic chapel. In the cathedral, it is usually administered

during the time of Pentecost in the other churches of the
;

diocese, during the episcopal visitation.

tirely free to give it on non- festal days.

239

The bishop

We

ask

is

What

en
sin

does a bishop commit by neglecting to administer confirma

It is admitted by all that a bishop, except he is sick
tion ?
240

commits a mortal sin by neglecting for a long

or too old,
time v.g., for eight or ten years to traverse his diocese, or
It
at least its principal parts, in order to give confirmation.
no sin, however, for just reasons, to defer giving this
241
Does a bishop sin
sacrament for three years or more.
is

mortally by refusing to confirm persons at the point of death

who ask for this sacrament? The question is disputed. It
is

probable that he does not sin even venially.

I.
The Subject of Confirmation.
II.
577.

2 "

All baptized
2. At present
this
sacrament.
receive
persons may validly
however, it is not allowed in the Latin Church to confirm
243

children before the age of seven,

244
sons v.g., in danger of death
;

except
(//)

grave rea
customary,

(a) for

where

it is

Insane persons may also be confirmed. The

Spain.
245
ordain that when confirmation is
fathers of Baltimore

;as in

given to many persons, tickets (schedulae confirmationis}

on which are written the Christian and family names, should
be given by the pastor to each person to be confirmed.

answer the double purpose of suggesting

the Christian name to the bishop, and of recording it, to
24
it will,
gether with the family name, in the register
This ticket

will

moreover, serve as a testimonial that the bearer

338

* 41
244
347

54

Phillips, Lehrb., p. 542.

Bouix,

242
1.

c., p.

213.

Cfr.

Cone.

Cfr.

Ceremonial

our Notes,

Craiss., n. 991.

PI. Bait. II., n. 252.

n. 227.

for the

United

245

Ib.

States, p. 486.

!43
246

is

sufficient-

Kenrick,
Walter,

1.

p.

c., n. ^.

538.

Cfr. Craiss., n. 993.

Baltimore, 1865.

Cfr

Of

361

Bishops.

Formerly a linen
prepared to receive this sacrament.
or silken band, with a cross on it, was tied around the fore
head of the person confirmed, and worn in this manner one,
ly

48

At present
with
the forehead is immediately wiped
cotton, no band
9
being used. This is the custom also of this country."
III. Sponsors or Godfathers and Godmothers (Patrini
578.
three, or seven days, according to

custom."

86

i.
Matrinae Confirmationis).
According to St. Liguori
and others, the obligation of having a sponsor in confirma
When it is impossible, however, to
tion binds sub
confirmation
may be lawfully given with
procure sponsors,
out them. 2. Only one sponsor is allowed for each person.
be confirmed, 4, and be different
5. The sponsor should

et

g>avi.

2
same sex with the
5, and of the
baptism,
for the sponsor to
person to be confirmed, 6. It is sufficient
of the person to be
place the right hand on the shoulder

from the one

"

in

The
customary in the United States."
habebunt
vero
Confirmati
fathers of Baltimore ordain
patrinos singuli singulos, nee tamen foeminis mares nee maribus foeminae patrini oflficium praestabunt.
Quod si hoc

confirmed, as

is

"

fieri

omnino nequeat,

pro puellis matrinae

saltern

duo pro pueris

patrini, et

duae

adhibeantur."

ART. X.
Rights and Duties of Bishops respecting Causes or Matters

of Heresy.
579.

are:

i.

The proper judges in regard to the crime of heresy

The Supreme Pontiff, all over the world. 2. Bi

dele
3. Those Papal
shops, in regard to all their subjects.
Laygates who are named inquisitors (inquisitores fidei}
2<B

461

"

St.

Liguori,

Bouix.

1.

Cone. PI

1.

Kenrick,

c., n. 188.

p. 215.

Bait. II., n. 253.

"

1.

c., n. 12.

c., n. 10.

Kenrick,

1.

Bouix,

c., p.

i.

216.

55

L.

c.,

n. 185.

Of

362

Bishops.

men
to

are not competent judges in matters of heresy, even as

mere questions of fact. 255 In a diocese where there exists

an inquisitor

i.e., a judge deputed by the

Holy See the
examine and punish heretics resides cumulatively
in him, and, at the same time, in the
At present,
the
tribunal
of
the
Sacred Inquisition (Sanctum
however,
*
Officiuiri) exists, perhaps, nowhere else except in Rome

to

power

bishop.""

Hence, bishops, almost everywhere, exclusively possess all

the authority which was ordinarily vested in inquisitors ot
968
the Holy See.
(Supra, n. 500.)

Can bishops absolve from heresy ?

580. Q.

A.

We

I.

we here

speak,

is

Formal heresy, of which alone

i.

premise:

either internal

nally

not manifested exter

i.e.,

by any word or action; or

2

external

outwardly

i.e.,

expressed, in a sufficient manner,

by words or actions. 2.
External heresy is subdivided into (a) occult namely, that
is externally manifested, but known to no one, or
00
to
a few v.g., five or six persons
and which, more
only
over, is not yet brought before the judicial or external

which

forum

(b)

into public or notorious that, namely, which is

261
established
notorietate juris,
(Jtaercsis notoria

judicially
notoria et

liaercsis

ad forum

known

judicial? deduct a) or

to

persons, or at least to the greater portion of a

nearly
283
(Jiaeresis
town, neighborhood, parish, college, or monastery
all

ad forum

notoria notorietate facti, haercsis notoria ct

"

R3

non deduct a).

3.

mal

and outwardly show

heretics,

It is certain

grievously sinful act,

***

^
861

Reiff., lib. v.,

Ib.,

De

Reiff.,

tit. vii.,

Judic., vol.

1.

c.,

that

incur, ipso facto,

2&6

n. 431.

ii.,

25S

Ib.,

Either because the guilty person

"*

Bouix,

De

are for

heresy by any
major excommunicaBouix,

1.

c.,

pp. 217, 218.

Parisiis, 1866.

pp. 377, 378.

n. 448, 449.

persons

judicial^

who

their

284

26

15.

was

confessed his heresy in foro externo (Bouix,

""

all

St.

Liguon,

lib. vii., n. 76.

judicially convicted of heresy o

De

Ep.,

t.

ii.,

p. 219).

"

Episc., vol.

Avanzmi, Com.

"

ii.,

p. 219.

in C. Apost. Sedis, p. 68.

Reiff.,

Romae,

1.

c., n.

1872.

238-247.

Of

Bishops.

363

row

"

in tfic Const,
reserved, speciali inodo. to the Pope,
II.
IX.
now
answer: I.
Pius
Sedis
of
Pope
Apost.
atta
to
whatever
hes
No excommunication
purely mental
tion,

We

heresy, neither

heresy reserved to the

this sort of

is

Roman

absolvable, not only by the bishop, but

21
2. Bishops may, either per
confessor.
by any approved
in foro insonally or through others, grant absolution, both
Pontiff; hence,

it

is

"

in foro externo, from heresy which is notorious and

367
their external forum.
before
say, either per
brought
is
this
for
power
ordinary, and
sonally or througli others;
86 *
therefore may be delegated to others.
Hence, Protestants

terno

and

We

wish to abjure their heresy may be absolved by the

bishop or his delegate, and it is not necessary to recur to
Arho

Rome

2C *

because, by the very fact that Protestants ask to

received into the Catholic Church, their heresy is
brought before the forum extcrnnm of the bishop. 3. The
;

be

Pope alone can absolve from heresy which

ad forum

deducta

judicialc.

notoria et uon

certain that bishops, at

It is

4.

is

The Council
present, cannot absolve from occult heresy.
270
to
absolve
of Trent.
it is true, gave bishops power
pro foro
conscientiae from all occult crimes reserved to the Pope, and
But this power, so far as regard.
heresy?"
was
occult heresy,
subsequently revoked
by, and exclu.
in the Bulla Coena
sively reserved to, the Holy See, both
as published several times after the Council of
Domini
Trent, and in the recent. Constitution, Apostolicae Sedis, .of

also

from

occult

"

Pius IX.
*"*

487

870

3)1

27

*"*

Phillips, Lehrb., p. 402.

269

a 8

Craiss., n. 1167-1170.

1.

Reiff.,
2

c.,n. 369.

Bouix,

1.

c., p.

Bouix,

1.

c.,

Bouix,
Reiff., 1. c., n. 350.
So named because annually published in Die Coenae Dni.

Sess. xxiv., cap.

Thursday
874

vi., d.

R.

"

1. c.,

p.

i.e.,

220.

p. 222.

223 seq

on Holy

(Salz., lib. Hi., p. 44).

to the constitution Apost. Sedis, persons guilty of occult as

well as of notorious heresy incur excommunicatio latar scntcntiae speciali mod

According

Ponrifici

Rom.

Com.

in

C. Ap. Sedis,
reservata.
Ap. Sedis, pp. 14 and 68, 69.

n.

i.

cfr.

Craiss., n. 998; Avanzini,

Of

364

Bishops.

581. Q. Can the bishops of the United States absolve

from occult heresy ?
A. They can, by virtue of apostolical indult. For our
bishops have faculties from the Holy See, i, absolvendi ab
Jiaercsi

power

...

2. Again,
quoscunque.
they have
absolvendi ab omnibus censuris in Const. Apostolicae
.

Sedis (d. 12, Oct., 1869) Romano Pont ifid ctiam speciali modo>
reservatis, excepta absolutione complicis in peccato turpi ;
hence, they can, as a rule, absolve from occult heresy.

"*

We

say, as a rule ; for, generally speaking, they cannot absolve,

277
who have come from places where (v.g.,
i, those heretics
in

Rome)

those

inquisitorial tribunals are

who

still in

existence

nor

2,

relapse into heresy after having judicially

(i.e.,

before an inquisitor, bishop, or his delegate) abjured it. 278

Our bishops, therefore, can, either personally or through
worthy priests of their dioceses, absolve pro utroque fora

from every kind of lieresy, whether notorious or occult, 2

cept in the

two cases

Although

I.

582.

275

in

bishops

280

to

Reserve Cases.

may undoubtedly

reserve

they should do so
than out of synod, chiefly because reservations

cases to themselves,
rat.her

XL

Power of Bishops

the

ex

just given.

ART.

On

"

Facult., form,

i.,

is

it

fitting that

n. 15.

Ib., n. 16.

377

However, if these heretics have become guilty of heresy in missionary

countries where haereses impune grassantur, they may be absolved by our
bishops or their delegates (Facult., 1. c., n. 15).
a7B
But if these heretics are born in places ubi impune grassantur haeteses,
and, after having judicially abjured, relapse, upon returning to these places
they may be absolved by our bishops or by priests authorized by them>
but only in foro conscientiae (Facult
*"

Cfr. Reiff.,

1.

c.,

n. 369,

370

.,

1.

c.)

et lib. iv.,
!b

"48.

App.,

facult.

Bouix,

i.,

x.,

De Episc

vol. v., pp. 547

,

vol.

ii.,

p. 242

Of Bishops.

365
2

made in synod are, according to all, perpetual, tfhile those

made out of synod are considered by many as temporary.
282
Some are re
Cases reserved to bishops are of two kinds.
"

served by bishops (named a nobis i.e., casus rcscrvati a nobis),

whether in or out of synod others to bishops (nobis i.e.,
casus rest-rvati nobis), but not by them
v.g., all those cases
;

which, though reserved to the Pope, are, nevertheless v.g.,

because they are occult absolvable by bishops; also the
three cases reserved to ordinaries in the C. Ap. Scdis. II. The
has repeatedly admonished bishops to re
serve, i, but few cases; 2, only the more atrocious and more
heinous crimes 3, it has forbidden them to reserve sins or
5. Congr. Episc.

cases already reserved to the Sovereign Pontiff, so as to

284
What particular cases or
avoid superfluous reservations.
it may be expedient for a bishop to reserve in his
diocese cannot be determined by any fixed rule, but must
depend upon circumstances. III. Bishops generally reserve

crimes

certain grievous sins which are more frequently committed

in their respective dioceses. Bouix, 1. c., thinks that in France

or at
bishops should not, as a rule, reserve more than two,
do
not.
most three, cases. Our bishops
generally speaking,

go beyond this number.

|3|P The Third Plenary Council of Baltimore (n. 127) makes
I.
the following
o reservation for the whole United States:
Decernimus catholicos, qui coram ministro cujuscunque sectae
acatholicac matrimonium contraxerint vel attentaverint, extra
"

quolibet statu vel territorio sub ditione

praesulum qui huic concilio adsunt vel adesse debent, excommunicationem incurrcre episcopo reservatam, a qua tamen

propriam dioeccsim,

in

dictorum ordinariorum sive per se sive per sacerdotem ad hoc delegatum absolvere poterit. 2. Quod si in
quilibet

eos ipso facto iupropria dioccesi ita deliquerint, statuimus

nodatos esse excommunicatione. quae nisi absque fraude
leg-is

^
383

aliiim

episcopum adeant, eorum ordinnrio

Bened. XIV., De Syn..

g, 1601, and Nov.

Jan.

lib.

v..

cap. iv., n.

26, 1602.

i8i

3.

reservatur."

Salz.,

W4 Bouix,

lib.
1.

iii.,

c.,

p. 45.

p. 243.

Of

366
IV.

When

Bishops.

Pope gives any one power

the

to absolve

from

pontifical reservations, he does not thereby confer power to

2
absolve from cases reserved by bishops.
Hence, not even

regulars can absolve from diocesan or episcopal reserva

If a penitent, who has committed a sin reserved
by

tions.

21

"

another diocese, where the sin is not

there be absolved by any simple confessor,

his bishop, confesses in

reserved, he

may

provided he did not go chiefly in fraudem legist When a

case is reserved in a provincial council, the power to absolve
from it is not taken from the several bishops of the province. 9

"

ART. XII.

Of

the

Power of Bishops

relative to Ecclesiastics.

583. Ecclesiastics are either diocesan or extraneous.

I

Power of Bishops over

the Diocesan Clergy.

According to the ancient discipline of the

no person was promoted to any or do, whether
Church,
or
without being, at the same time, attached to
minor,
major
some church or pious place, where, even prior to being or
584.

I.

294

295
dained a priest,
he exercised permanently the duties of
whatever order he had received. Nor was he allowed to
depart from the church for which he was ordained without

296

the permission of the bishop.

This discipline had become
obsolete many centuries before the Council of Trent. 2
"

Clerics were

promoted even to the priesthood ad titulum

or
patrimonii
pensionis i.e., absolute and without being as
signed to any church or receiving any ecclesiastical appoint
298
ment.
Ecclesiastics thus ordained were at liberty either
to leave their dioceses entirely or live out of them.
Hence,
many clerics were continually roving from place to place,
M0

Kenrick,

tr.

xvrii., n. 159, 176.

Bouix,

c.,

p. 243.

192

i21

*>

1.

394

Phillips,

w Ib.,

Kirchenr

p. 610.

!97

Phillips, Lehrb., pp. 563, 564

Ib., p.

vol.

i.,

p. 608.

Ib.,

244.

pp. 612-617, 620.

"*

Bouix,

I.e., p. 269.

Phillips,

1. c.,

pp. 608, 6ti.

Of
and were
II.

367

Bishops.

consequence scarcely amenable to any bishop.

9
this state of things the Council of Trent

in

To remedy

restored the above ancient discipline, so far as major or

sacred orders are concerned, ordaining that no one should
to sacred orders"" without being attached to
be

promoted
some determinate church, and

that a person thus attached

without permission from the

should not quit his place

at present to
bishop. This Tridentine law, however, seems
It is not
desuetude."
into
fallen
have almost universally

observed

the

in

United States.

In fact,

were imprac

it

ticable, as things are at present, to attach seminarians,

when

ordained subdeacons or deacons, to any particular church,

that they might act as such for they remain most of the time,
;

before their ordination to the priesthood, in the seminary,

302
Moreover,
and could therefore be of little use to pastors.

from certain declarations of the 5. Congr. Cone., it may be in

ferred that the Tridentine law on this head no longer obtains
3

"

Can

585. Q.

304

however, holds the contrary.

their dioceses without the
leave
ecclesiastics

Benedict XIV.,

strictly.

permission of the bishop ?

distinction must be
A.
premise:

We

ecclesiastics

who

are attached to

some

drawn between

special church, in the

Tridentine sense, or have a benefice requiring personal resi

dence, and those who are not so attached or have no such
benefice.

We

now answer:

I.

It is

certain that ecclesiastics

of the first class cannot abandon their church or give up

and go to another
their benefice
v.g., parish, canonship
305
This is evi
the
from
without
diocese
bishop.

permission
dent from the Council of Trent,
the

promise of obedience given

without permission

from

the bisliop

104

**

Bouix,

De

*"

p. 172.

Syn.. lib. xi.,

cap

ii.,

We

ordination.

in
for,

say,

although the fathers

Phillips,

1.

10J

Craiss., n. 1003, 1004.

M5

n. 13.

Sess. xxiii., cap. xvi., d. R.

and also inferable from

M0

Sess. xxiii.. cap. xvi., d. R.

101

18

"

Bouix,

I.

pp. 619, 620.

Ib., n. 1005.

pp. 270-274.

Of

368

Trent merely say

cA

Bishops.

without consulting the

bishop (incon*
phrase is commonly explained by canon
ists as
without the permission of the
meaning,
frshop
2. As to the second class of
(invito cpiscopo}
ecclesiastics,
the question is controverted. The
affirmative namely that
they can leave, etc. is the sententia communior of canonists.
"

sulto episcopo), this

"

"

This was

also, until of late,

the view of the S. Congr. Concilii.

more recent declarations of
this congregation seem to favor the
negative
Hence, as
Craisson infers, these ecclesiastics cannot, at
present, with
draw entirely from their dioceses
except by permission of.
the bishop. The reason seems to be that these

We

say, until of late ; for the

ecclesiastics,

though not ordained

for

any particular church, are ordained,

at least, for the service

of the diocese
tilT 586.
priests in the United States entirely with
draw from their dioceses without the permission of the

Can

bishop? They cannot. For the Second Plenary Council

Baltimore (109) declares that all priests in this
country
who are either ordained for a diocese or properly admitted
into it are obliged to remain in the same diocese until
they
are canonically dismissed from it 310
Nay, those priests, with
us, who are ordained ad titnlum missionis, and who, conse
of

quently, before being ordained, must swear that they will

remain perpetually in the diocese for which thev are or
dained, cannot leave these dioceses, even with the permission
of their bishop.
For. at. present, according to the Instruc

de P. F. de Titulo Ordinationis, dated

April
can
be released from their
27, 1871, they
missionary oath
binding them to their diocese only by the Holy See, and not
by the bishop. Hence the bishop cannot give such a priest
an exeat except after the release or
dispensation from the
oath has been granted by Rome. However,
tion of the S. C.

by special
indult of the S. C. de P. F., dated Nov.
30, 1885, granted at
"

3111

Uouix.

Cone.

1.

PI.

p.

270

B;,lt

II..

c..

:*
n.

109.

Ib..

pp. 277. 278.

Craiss., n. 1008

Of

369

Bishops.

the request of the TJiird Plenary Council of Baltimore, our

bishops may now give exeats without the above papal dis

pensation to priests ordained ad titulum missionis, who wish

to pass from one diocese to another of t/ie same province, as
we shall explain a little later on.
587. Letters Dimissory,

Testimonial,

and Commendatory.

Letters dimissory (litterae dimissoriae, revercndac, licentiates)

are those given by a bishop to his subjects in order that they
1.

may

or also those by which

from the jurisdiction of their bishop.
sense, however, letters dimissory are with us

be ordained by another bishop

ecclesiastics are freed

In the latter

called exeats (litter ae excorporationis,

formerly litterae forPriests cannot be forced to take their exeat; in fact,

matae].

bishops should not give exeats, except at the request of

Moreover, no
clergymen wishing to leave the diocese.
priest,

unless

even
it

in the

United States, should receive his exeat

he will be received by another

be certain that

At present, a priest in the United States is re

bishop.
ceived into another diocese in two ways, namely, formally
and presumptively. As to the manner in which both the
formal and the presumptive admission take place, see the
Third Plenary Council of Baltimore, n. 62-69
It)., p. civ.
1

Letters testimonial (litterae testimonials) testify to the orders

received and to the absence of any canonical impediment
2.

prohibiting a priest from saying Mass. 3. Letters commenda

tory (litterae commendatitiae) bear witness, moreover, to the

morals and learning of ecclesiastics, and are given to them

when about to travel.
The S. C. de Prop. Fide, by letters
of

its

cardinal

prefect,

dated April

20,

1873,

commands

bishops, vicars, and prefects-apostolic of missionary coun

tries, not to receive any strange ecclesiastics and priests into
their dioceses, or allow them to say Mass, unless they bring
with them commendatory letters from their bishops.

Rights of Bis/tops in regard to extraneous Ecclesiastics.

588.
bishop not only can, but should, forbid priests
who are strangers and have no letters commendatory from
2.

Of

370

Bishops.

from being allowed to say Mass in his dio

miy, moreover, if he chooses, ordain that
strange priests should show their letters either to himself or
his vicar-general, and that they be prohibited from saying
their ordinaries,

He

cese."

Mass without a written permission from himself or

We say,

general."

lie

his vicar-

may, not he sJiould ; for he can allow

to say Mass, provided they exhibit their letters com

mendatory to the rector of the church where they wish to

them

The bishop may

celebrate.

also

command exempt

regulars
not to permit strangers, whether they be secular priests or
regulars of a different order, to say Mass, even in their
exempt churches, without permission from him or his vicar-

We

general.
say, regulars of a different order ; for regulars
of the same order can say Mass in the houses of their order
2

everywhere without having permission from the bishop."

priest who is a stranger, even though he has no letters
commendatory v.g., if he has lost them on his journey can
and should be permitted by the bishop to say Mass, pro
vided he can sufficiently prove by witnesses, or in some
323
other way, that he is a worthy priest
nay, he may, even
if unable to show his good standing, and if, in consequence,

not allowed to say Mass, celebrate privately, provided it can

The obligation incumbent on
be done without scandal.
be said by outside priests
Mass
to
not
to
allow
bishops
3 "

who

are unprovided with letters commendatory from their

325
is to be understood of extraneous clergymen
ordinaries
are unknown, but not of those who are eitner wen
or at least known to one or several trustworthy per
6
sons in the diocese."
Thus, in the United States, and

who

known

almost everywhere, priests coming from neighboring dio20

Cone. Trid.,

sess. xxiii., cap. xvi., d. R.;

*"

124

c*

Ib.

cfr.

"

Ib.

295 cfr.
1012 1016.

Ib., p.

Cfr. Craiss., n.

"

323

Craiss., n. 1015.
3 6

and
s

erv. ct evit. in Celebr. Missae.

ib.,

De Jure

sess. xxii., Deer,

Bouix,

Bouix,

Regular., vol.

1.

c.,

1.

c., p.

ii.,

de ob-

pp. 292, 293.

294.

pp. 188, iSo

Of

Bishops.

371

jeses are allowed, at least for the

first eight or ten

days, tn
say Mass without having or showing any letters commendatory.
bishop cannot forbid outside priests to say Mass
327
because
solely
they are strangers.
Nay, extraneous
priests, even though unprovided with letters commenda

without just cause, be compelled by the

to
leave
the diocese, if they do not wish to cele
bishop
tory,

cannot,

brate, but

328
merely to reside there.

589. Q. What are the rights of bishops in the United

States as regards extraneous
clergymen ?
A.
These
premise:
clergymen are of two kinds: I.
Some travel or make short trips out of their dioceses for the

We

sake of recreation, the good of their health, or to make

collections.
2.
Others leave their dioceses in order to
seek admission into other dioceses.
now answer: i.

We

The

first class falls

ing Mass.

under the above rules

Priests, with

in

regard to say

us, are forbidden, under pain of

from making collections

suspensio ferendae sententiae

in a

strange diocese without the permission of the ordinary of

the place.

As

second

bishops are exhorted not to

give them permission to say Mass, or administer the sacra
ments, and, a fortiori, not to receive them into their dioceses,
I, if they have no letters commendatory from the ordinarv
II.

to the

class,

whom

they last belonged 2, if they have neglected to

another ordinary within six months. 330 Extraneous
priests coming from Europe should not be admitted into a
diocese nisi littcris suorum episcoporum prius missis, consensum
to

select

fpiscopi in cujus dioeccsiin transirc desiderant, obtinuerint?^

\ij~ III. At present, according to the Third Plenary

Council of Baltimore, secular priests applying for admission
into a diocese cannot, as a rule, be forthwith adopted
per521

3i9

Bouix,

De

Episc.,

Cone. PL Bait.

1.

c., p.

II., n.

;W8

297.
:i::o

119.

Ib.. n.

no.

331

Ib., p. 300.

Ib., n. 121.

37 2

Of

Bishops.

manently, but must be first received on probation for a term

of three or five years. We say, as a rule : for, by the consent of
the bishop receiving-, and of the bishop dismissing, and of the
priest to be received, this probatory term can be omitted.
IV. Besides, when there is question of a priest ordained

"

ad titulum missionis, the bishop

about to receive him should, six months before adopt
ing him absolutely, write to the S. C. de Prop. Fide for a
dispensation from the missionary oath. For, all priests who
for or received into a diocese

who

is

ad titulum

must take the oath to re

main perpetually in the diocese or vicariate for which they
are ordained. This oath binds so strictly that the Holy See
alone can grant a release from it.
When the bishop has ob
tained this release or dispensation, lie must administer the
missionary oath anew to the priest whom he is about to ad

are ordained

mit into his diocese.

missionis

PI. Bait. III., n.

"

64 .)
V. What has just been said respecting the dispensation
from and renewal of the missionary oath does not, at pres
(Cone.

apply to priests ordained "ad titulum missionis" who

wish to pass from one diocese into another within the same

ent,

For, by special indult of the Holy

dated
Nov.
See,
30, 1885, the missionary oath taken by priests
ordained ad titulum missionis, binds, in future, or holds good

ecclesiastical province.

and not merely, as was the case for

which it was taken. Con
ad
titulum
can now, with the
ordained
sequently, priests
for the entire province,

merly, for the single diocese for

332

Cone.

Angelis,
*

The

1.

t.

S. C.

1873: Q.

4.

63; Instr. S. C. de P. F.

PI. Bait. III., n.

i.,

1871, n.

n,

12;

cf.

De

xxii., n. 4.

de P. F.

Utrum

Ad Dubia

explicatius

circa ordinatos Tit. Miss., decided,

declarandum

sit,

on Feb.

4,

sacerdotem a dioecesi cui

juramento ligatur ad aliam transeuntem debere in hac altera novum juramentum emittere; neque hoc facere posse absque venia S. Congregationis.
Q.

5.

Utrum necessario

requiratur venia

S.

Congregationis ut ordinatus

quin praestiterit juramentuni. posMt a dioecesi pro qua ordi

ad aliam transire. The S. C. de P. F. replied: Ad 4 affirmative ad

titulo missionis

natus

fuit,

vtrumque.

Ad

m
5

affirmative.

(See Cone. PI. Bait. III., pp. 2IO, 211.)

Of

373

Bishops.

consent of the bishop dismissing, and of the bishop receiving

them, pass from one diocese into another, within the same
province, without obtaining any papal dispensation releas
ing them from their former oath, and without, taking the
oath anew for the cliocese into which they are to be received.

(Sec Cone. PL Bait. III., p. civ.)

VI. As to the admission of priests who leave religious
communities having solemn or only simple vows, the Third

Quod vero perPlenary Council of Baltimore, n. 65, enacts

tinet ad sacerdotes religiosos, qui vota solemnia nuncuparunt,
atquc ex apostolica indulgentia in saeculo vivere permittun"

tur; vcl qui ediderunt vota simplicia et a suis congregatio-

nibus cgressi sunt, si ad episcopum accedant petuntque in ejus

dioecesim adscribi, primo quidem tantum ad missae celebra-

tionem,
tias

dummodo

literas saecularizationis ac

Ordinarii loci

possunt,

nondum

vero

commendan-

discesserunt exhibeant, admitti

quo
ad triennale experiment um

in ministerio

Volumus enim, ut ad hanc probationer!! subpastoral!.

eundam non admittantur, antequam episcopus, exquisitis ab
ordinis vel Instituti superioribus et episcopo commendante
ad S. Congregationem remissis,
sit
sciscitatus
veniam
;
qua obtenta, peractoque experihujus
ad
non
ii
mento,
tempus, sed in perpctmtm S. Congregaqui

secretis informationibus, iisque

tionis

Episcoporum

et

Regularium rescripto

sunt, clero dioecesano incardinari possunt,

saecularizati

dummodo priusde

Quod si assumunt titulum

providerint.
missionis, simul juramentum dioecesi perpetuo inserviendi

titulo

canonico

sibi

n. 12)."
praestarc tenentur (Instr. S. C. cle P. F., 17 Apr. 1871,
VII. Finally, the Third Plenary Council of Baltimore (n. 67)

decrees that no bishop shall give an exeat to any of his priests

unless it is certain that such priest will be received into an
other cliocese; that where a priest has received his exeat
before he has been received into another diocese, such exeat
shall not take effect, and such priest shall not be considered as

dismissed from the diocese, until he has been either formally

Of

374

Bishops.

or presumptively received into another diocese, and until

(when there is question of the formal admission) his bishop
has been authentically notified of the admission.

ART. XIII.

Of

the

590. Q.

Powers of Bishops concerning Indulgences.

What

are the indulgences which bishops can at

present grant by virtue of the/?*.? commune f

333
A. i. An indulgence of one year, in the consecration,
834
of a church 2, of forty days only in
not mere blessing,
;

We

other cases.

observe:

These indulgences may be

i.

granted also by bishops-elect because the giving of an in

836
2.
dulgence is an act of jurisdiction, not of order.
They
can be granted for the living only, not for the dead. 3.
;

an indul
Bishops can grant them only to their subjects
gence, however, attached by the bishop to some pious place
v.g., to the visiting of and praying in some church or
;

338

chapel

may be gained by

strangers
337
with the conditions prescribed.
Arch
4.
in
their
can
not
own
but
them,
dioceses,
bishops
grant
only
in all the dioceses of their provinces, and that even out of
(indulgentia localis]

who comply

the visitation.

338

5.

Bishops

granting them not only

may

delegate the

power of

to priests, but also to inferior eccle

Neither coadjutor nor titular (i.e., in partibus)

bishops nor vicars-general have power to concede indul
siastics.

6.

gences, unless they are specially empowered to do so by the

ordinaries of places. Neither can vicars-capitular, scde va
cant e, grant indulgences.

339

591. Q. What indulgences can the bishops of the United

States grant by virtue of the jus speciale or particulare i.i\,
by virtue of the faculties given them by the Holy See ? In
*"

Ferraris, V. Indulgentia, art.

334

Our Notes,

n. 251.

sst>

Ferraris,
138

1.

c.,

n. 18.

Cfr. Phillips, Lehrb., p. 571.

i.,

n. 5
335
337

339

cfr.

Bouix,

Konings,
1.

c.,

n. 1778.

pp. 301, 302.

Bouvier, Inst. Theol., vol.

Ib.

Hi., p. 5261

Of
other words

What

375

Bishops.

special indulgences are grantable

by
our bishops ?
A. A plenary indulgence, i, to all the faithful of their
34
dioceses three times a year
2, to all persons when first con
341
verted from heresy
3, to each of the faithful, in articulo
3
5, our bishops
mortis; 4, in the Forty Hours Devotion;
:

"

also impart, four times a year, the Papal benediction,

3
with a plenary indulgence, to be gained by those present.

may

"

They can

also declare an altar privileged in every

their dioceses

344
;

church of

bless rosaries, crucifixes, sacred images,

erect certain confraternities, the

of the Cross, with

Way

the customary Papal indulgences, etc.

346

"

all

Publication of In

To guard against imposition

dulgences granted by the Pope.
in
this
matter, Papal indulgences can, as
and prevent abuses
in a diocese only with the permission of
be
a
published

rule,

Hence, Pontifical briefs granting new indul

348
are to be
to churches of regulars,
gences, even though it be
349
the bishop.

347

However,
submitted to the bishop before being published.
as Konings, n. 1778, says, indulgences conceded by the Pope
to the entire Church in rescripts already published and
Ferraris or contained
quoted by approved authors v.g., by
in the Raccolta, or Prinzivalli s Collection, do not require
the episcopal promulgation.

ART. XIV.
Rights and Duties of Bishops in regard
592.

the

By

relics

of

saints

(reliquiae

to Relics.

sanctorum} are

whole or in part, but

understood
36
also their garments, instruments of penance, and the like.
Relics which are newly discovered, or produced for the first
not only their bodies, in

"

M0

M2
144

Ib., n.

Ib., n.

8.

i.,

Phillips,

1.

Ib., n. 9.

c., p.

"

n. 14.
S43

cfr. ib., n. 19, 20.

S45

847

"

Facult., form,

572

cfr.

34 *

Ib., n. 17.

Facult. Extraord. C., n.

7.

ap. our Notes, pp. 463, 470 seq

Cone. Trid., sess. xxi., cap. ix i. R.
Ib., n. 10,

Supra, n. 112 cfr. Craiss., n. 1022.

Ferraris, V. Veneratio Sanctorum, n. 52

349

Ferraris, I.e.. art.iv., n. 31.

160

cfr. Reiff., lib. iii., tit. xlv., n. 24.

Of

3/6

Bishops.

time cannot be exposed for public veneration (cultus publicus)

31

have been properly authenticated and approved.

Old relics, however, even though their authentications are
lost, should be held in the same veneration as before.
"

until they

5"

I.

By whom

Authentication of Relics.

are relics to be ex

amined and approved before being exposed

ration?

We

We

premise:

vene

for public

here speak of newly-discovered

We

now answer: i. The relics

or newly-produced relics.
of those who are already canonized or beatified may be au
thenticated and approved in order to public veneration,
not only by the Roman Pontiff, but also by bishops nay,
;

these relics, even though already approved by the Pope,

should, nevertheless, be again examined by bishops before
in dioceses, for the

purpose of ascertaining
353
in Rome.
authenticated
reality
Relics, therefore, cannot be exposed in a diocese for public
364
without the
veneration, even in the churches of regulars,
being exposed

whether

they were

in

permission of the

Should, however, any grave

bishop."

question arise touching these matters, the bishop should not

3

2. The
proceed without having first consulted the Pope.
relics of persons deceased in the odor of sanctity, but not yet
beatified, can be approved, for public veneration, by the Pope
"

357

At present, however, these relics are

by bishops.
not thus approved by the Pope for this approbation would
be equivalent to beatification, which now precedes the public
veneration of relics.
It is allowed, however, to honor pri
only, not

vately (cultus privatus) all relics, new as well as old, not only
of those who are canonized or beatified, but also of those who

died in the odor of sanctity, even

been approved by any one.

tiones reliquiarum).
161

Cone. Trid., sess. xxv.,

"*

JM
**

Can

Ferraris,

1.

c., n. 61.

Ferraris,

1.

c,, n.

Cone. Trid.,

358

when such

relics

De

Invocat., etc

cfr. Reiff.,

1.

353

Reiff.,

1.

Phillips,
- 57

Reiff,

I.

c., n. 28.

n.

2t>.

c., n. 27.

3; 5

55, 56.

c., in fine.

have not

Transfer of Relics (translatransfer

the bodies or really
bishops
II.

1.

c pp. 724, 723.

3M
,

Ib., n. 20,

30

Of

377

Bishops,

of saints from one church to

principal relics (reliquiae insignes]
the Holy See ? There are
of
the
without
another
permission

two opinions. The negative namely, that they cannot, etc.

359
and others, seems at present the
held by Benedict XIV.
36
more probable opinion. Relics cannot be sold.
ART. XV.
Rights and Duties of Bishops respecting, I, Stipends of Masses,
Number of Founded Masses ; 3,
2, the Reduction of the
other Pious Legacies.
I.
It is certain that the
Stipends of Masses.
what
sum of money shall
to
determine
bishop has a right
constitute a just honorary for Masses or intentions ; arid even
8
the rule laid down by him.
regulars are bound to abide by
It is commonly held by canonists that the alms, as fixed by

I.

593.

"

"

to be considered a just stipend

a
it need not, however, constitute the support of a priest for
363
is
the
States
United
In
the
whole day.
honorary
general

the bishop or custom,

ly

one dollar

is

"

2.

($i).

certain that priests cannot

accept if spontaneously offered, a
It

is

demand, though they may

custom or episcopal enact
stipend larger than that fixed by
385
more
the
to
ment.
probable opinion, the
3. According
not accept less than the
bishop can ordain that priests shall
In the United
law.
honorary established by custom or
States priests should not, as a rule, accept less than the
368
amount fixed by the bishop.
What is to be said of churches v.g., cathedrals or
594.

of stipends is received?
larger parishes where a great number
367
of those giving
consent
with
the
i. It is not allowed,
except
868

DC

Beatif. et Canoniz., lib. iv., part,

890

Reiff.,

1.

188

Phillips,
"*

**

Our

S61

c., n. 31.
1.

c.,

p. 551

Bouix,

cfr.

Cone. PI.
*"

Notes,

n. 331.

Craiss., n. 1042.

1. c.,

Cone.

ii.,

cap. xxii., n. 11-20.

3M
Craiss., n. 1039.

pp. 302, 393-

Bait. II., n. 369,

note

PI. Bait. II., n. 369.

2.

**

Ib.

Of

3/8

Bishops.

the stipends, to accept these honoraries in such quantities as

to render it impossible to celebrate all the corresponding

Masses
is

due time. 363

in

In the United States, as elsewhere,

it

customary to send intentions, when too numerously re

Care, however, must

ceived, to other priests less favored.
be taken that the Masses are said in due time.
delay ex

ceeding three months is, generally speaking, a mortal sin

nay, as regards Masses for recently-deceased persons, a
delay of one month constitutes, according to many, a mortal
;

Bishops should see that rectors of these churches

2.

sin."

do not

retain for themselves, or even for their churches,

any

portion, however insignificant, of the stipends

only, in
S7
case
they are too poor to bear the necessary expense at
;

tendant on the celebration of the Masses,

it is allowed to
as
much
as
will
cover
these
keep merely
outlays.
Foundations for Masses.

II.

595.

"

Mere

stipends (eleemoS7a

synae missarum, eleemosynae manuales, honoraria, stipendia )

differ from foundations for Masses (fundationes Missarum,
Missae fundatae] the latter S7S are endowments made to en
;

sure the permanent celebration of Masses

given for the celebration of

We

observe:

i.

Secular

"

the former are

Masses

in this or that case only.

87 *
priests, even in the United States,

cannot accept foundations of Masses without the written

378
2. Regulars must have the con
permission of the bishop.
sent of their superiors-general or provincials.
We ask Can
:

bishops at the present day reduce the

868
879

Bouix,
Bouix,

De
1.

number
s69

Capitulis, p. 273.

c.,

of founded

Konings,

87T

n. 1324, q. 2, 3.

pp. 273, 274.

171
These expenses v.g., for altar wine, candles are defrayed, with us,
3r
S73
from the income of the church.
Phillips, 1. c., p. 549.
Ib., p. 552.
"

874

I.e.,
II., n.
378
77

to

either for a given

number

of years or perpetually (Cone. PI. Bait

*

370).

Bouix,

We

De

say,

Episc., vol.

ii.,

Cone.

PI. Bait. II., n. 370.

p. 304.

founded Masses; because no reduction can take place

ordinary intentions or Missae manuales (Bened.

cap. ult., n. 29).

XIV, De

in regard

Syn., lib. xiii.,

Of Bishops.
Masses

See.

They cannot, except with

The Council of Trent,

878

379
the permission of the
it is

true, gave bishops

Holy
power to do so in certain cases. But this power, except
where the instrument of foundation itself authorizes the
bishop to make a reduction, was reserved exclusively to the
379
The reasons for which
Holy See by Pope Urban VIII.

the

Holy See, if applied to, usually grants a reduction of

number of Masses to be said (reductio Missaruni), are, for

the

the

the scarcity of priests, making it impossible to

say the Masses; 2, depreciation of the fund$ or capital; 3,
total loss of the fund.
If, however, the fund is lost without

instance/

fault

any

I,

ecclesiastical authorities, the

on the part of the

obligation to celebrate lapses ipso facto**

bishops not unfrequently receive faculties

We observe

here,

for five or

(v.g.,

num

ten years, or longer) from the Holy See to reduce the

ber of Masses where it is necessary to do so.

What does the

596.

Second PI. Council of Baltimore counsel

regard to foundations of Masses, whether perpetual or tem

I.
general rule as to the requisite
porary, in the U. S.?
in

No

down for the whole country

382
free to fix the sum for his diocese.
fathers seem to recommend that, especial

amount of the fund can be

each ordinary

is

Nevertheless, the

laid

decree of the
regards perpetual Masses, the fourtfi
Second Provincial Council of Cincinnati be followed to
wit That the fund or endowment for an annual Low Mass

ly as

SPS

3.
be at least $50; for a High Mass (Missa Cantata], $ioo.
founda
in
accepting
Great circumspection should be used
384

were

It
advisable,
perpetual Masses.
condi
the
on
foundations
following
only
therefore, to accept
if
the
cease
shall
fund,
tions i That the obligation to celebrate

tions, especially of

*"

This holds true also of bishops in the United States.

(Cfr.

Cone.

PI.

Bait. II., p. 319).

""Bened.

XIV.,

1.

c., n.
SBO

Jan. 21, 1625.

Cone, PI Bait.

19,

20;

cfr.

Const.

Cum

Saepe of
M1

Bouix,

II., n.

1.

c., p.

304-

s "

370.

Urban

VIII.,

1. c.,

p. 554.

Phillips,
""*

Ib.,

Append.,

p. 319-

Ib

n-

3?o-

3 So

Of

Bishops.

no matter from what cause, be either entirely lost or yield no

income 2, that the ordinary shall have power to reduce the
number of Masses if the interest on the capital, no matter for
;

what reasons, becomes insufficient to make up the stipend

hxed by the founder 3, that if, for whatever cause, the
church in which the Masses are to be said is destroyed or
deprived of a priest, the Masses can be said in any church
;

386

to be designated by the ordinary.

597. What is decreed by the Second

Plenary Council

of Baltimore concerning the record to be kept of Masses,

whether ordinary or founded? i. In all churches, regular
as well as secular, there should be a tablet or plate (catalogus,

on which should be inscribed all founded

386
whether
2. In
Masses,
temporary or perpetual.
every
sacristy there should be two registers one in which a re
cord is to be kept of all founded Masses another where the
ordinary intentions are to be noted down. The fulfilment
of the obligation i.e., the celebration of the Masses should
387
also be carefully recorded in these books respectively.
tabella onerum),

Bishops not only can, but should, enforce those regulations,

especially in churches where a large number of Masses are
celebrated.

38

"

Devises

III.

598.

Uses (testamenta

and Legacies for Pious

ad causas pias,

or

Charitable

By test amenta ad

legata pid).

causas pias are understood those last wills in which the testa
tor leaves

""

his (real ] estate,

to a church

2,

or to a charitable
3fl

to an asylum, hospital, protectory

or, 3, to
some religious or charitable society/
ad pias
or
Legata pia
causas are legacies (i.e., personal property given by wills) left
institution

v.g.,

1"

for religious or charitable

*"*

* 88

189

"

i%w

Konings, n. 1325, qu. 18.

Bouix, De Capitulis, p. 274.

Of course,

Soglia, vol.

Ib

p.

265

8b6

We now ask

Cone.

Can

PI. Bait. II., n. 371.

bishops,

m Ib.

Paris, 1862.

for religious or charitable purposes.

Cfr
,

uses.""

cfr.

ii.,

W1

p. 264.

Konings,

Ib., p. 263.

n. 915.

Of

381

Bishops.

even for just reasons, alter these last wills or legacies ? In

other words, can they use the money or real estate thus de
vised for other purposes than those specified in the will ?

The question
the

controverted.

is

namely,

negative

The Pope

probabilior.

According

that they

alone

can,

cannot

to St.
is

Liguori,*"

the

scntentia

for just

cause, change
certain: I. Where,

However, the following is

alter such
by reason of custom (v.g., in France), bishops
wills without the permission of the Holy See, it is safe to

these wills.

384

abide by the decision of the bishop.

cording to canon law, executors of
\lcgata pia, dispositions*

between the living

Bishops are, ac

2.

all

pious dispositions
last will or

piac\ whether made by

they should consequently see to the

exact performance of what is enjoined in these legacies.

This holds true even though the testator expressly excludes
95
the bishop from the executorship."
3. The testator may,
in this case
executor
suitable
however, appoint any other
but, if the executor
the bishop cannot directly interfere
the will, the execu
of
the
out
to
provisions
carry
neglects
also of bequests
holds
this
tion devolves on the bishop
observe Property in the United States
inter vivos.
;

w We

cannot be legally devised to a corporation (v.g., to a church,

when incorporated), unless such corporation is authorized
597

We

charter to receive bequests by will.

say, legally;
for devises for religious and charitable uses are valid and

by

its

in foro

binding,
to law,
"

"

Lib.

iv., n.

conscientiae,

even though null according

m Craiss.,

931, qu. 2.

Ferraris, V. Episcopus, art. vi., n. 171, 172.

m Wells,

p.

94

cfr.

Kent, vol.

iv., n.

507.

*"

Ferraris,

n. 10481.

c., n.

17*

O oz

Of

Bishops

ART. XVI.

and Duties of Bishops concerning

Rights

Taxes of

tJie

tht

Episcopal Chancery.

By

599.

written

in

authority of Pope Innocent XL, a decree,**"

Italian, was issued in 1678*
fixing the emolu

ments that can be asked or received for the various

acts,

400
instruments, or writings of the episcopal chancery.
The
object of this decree, usually named Taxa Innocentiana,

was

to introduce, as far as possible, a uniform rate of taxa

401
tion into all episcopal chanceries throughout the world.
600.

Q.

What

are the chief regulations contained in the

decree of Innocent XI.

A.

Neither bishops nor their vicars-general or other

402
can ask or receive anything,
even though it be

I.

officials

the conferring of orders or for

i, for
other acts pertaining to ordination v.g., for permission to
receive orders from some other bishop 2, for appointments

voluntarily offered,

to benefices or parishes

(collatio)

3,

from

for dispensations

impediments of marriage or from the publication of the

403
banns and the like.
Though bishops, in granting matri
monial dispensations, cannot accept any honorary, they are,
as a rule, allowed to receive a suitable alms, to be applied
for charitable uses.

404

We

"

alms; now,

eleemosynae
non potest fixa quaedam summa a quovis
eroganda, sed ea, quam quisque, ratione habita suarum facul405
tatum, commode dare potest."
Hence, they cannot estab

nomine

lish

or

intelligi

demand

m Ferraris, V.
***
402

Bouix,

De

sum of money

a fixed tax or

Taxa.

for dispensa-

*"

Phillips, Lehrb., p. 290.

Episc., vol.

401
ii.,

pp. 307, 308.

Ferraris,

1.

Except the candle offered by the person ordained, according

403

tifical.
40S

say,

Cone.

Ferraris,

PI. Bilt

1.

c.,

II.. n.

vol. viii., col.

iSfi.

note

ii.,

cfr

p. 216.

our Notes,

404

c.,

n.

r,

to the

2.

Pon

Craiss., n. 1057.

n. 353.

Of
dons

Bishops.

383

they may, however, suggest the amount of alms, to

<08

vary according to the means of the petitioners. In this

sense, it seems to us, the taxes for dispensations, as estab

must be understood.

lished in the United States,

II.

How

ever, the chancellor of the bishop may receive a moderate

fee for his labor in drawing up the requisite papers in the

above

cases.

407

Thus, according to the Taxa Innocentiana, he

may receive for

Roman giulio

letters dimissory, testimonial,

(10 cents)

for letters of

and the

like,

appointment to

benefices or parishes, a Roman scudo ($i in gold) for writing

dispensations, three Roman giulios (30 cents). As a rule, the
;

s fe^ for each instrument should not exceed, at

the highest calculation, a Roman scudo ($i). But he cannot
receive any fee for letters giving permission to say Mass,
408
administer the sacraments, preach, and the like.

chancellor

601.

Can bishops dispose

of their chanceries,

and

in

of the emoluments or receipts

what manner ? We premise
:

These receipts are of two kinds i chancery fees proper

i.e., the perquisites for drawing up letters of dispensation,
and the like; 2, alms for dispensations. We now answer:
i.
The chancellor should have a fixed salary. The emolu
ments of the first kind i.e., the chancery fees proper may
go to make up this salary and to defray the other expenses
409
the balance must be distributed
of the chancery office
for pious uses, although the 5. C. C. has sometimes allowed
:

410

Bishops
by bishops for their own wants.
therefore cannot, except by permission from the Holy See,
appropriate any part of these receipts to themselves. Where

it

to be used

the

chancellor has

no fixed salary these emoluments,

400

it

This applies also to bishops in the United States:

Quum facilitates
extraordinariae episcopis [in U. S.] a Sancta Sede collatae, sine ulla mercede
exercendae sint, nulla exigenda est taxa pro dispensationibus ab impedimentis
"

matrimonii

nam

iis

-cxliii;

C. PI.

409

Bouix,

B;ilt.
1.

c,,

in quibus Ap. Sedes eleemosy

(Cone. PI. Bait. II., n. 386; cfr. ib.,p

tantum exceptiscasibus,

oratoribus injungendarn
III., n. 134).

pp. 313, 314.

monet

"

* 8

407

Craiss., n. 1054.

4Ul

Ferraris, V. Cancellaria, n. 12.

Ib., n. 1056.

Of

384

would

Bishops

2. The
belong entirely to him.
receipts of
the
alms
for
i.e.,
dispensations must be
applied exclusively for pious uses, and cannot go even to

seern,

the second kind

wards making up the chancellor s

602. Is the Taxa Innocentiana

413

salary.
i.e.,

the decree of Inno

cent XI. concerning the taxes of episcopal chanceries at

present obligatory all over the world, and even in the United
4J3

ordered that this decree

should be transmitted to all ordinaries of places ; that it
should be kept in a conspicuous place of the episcopal chan
States

It is

for the

.V.

C. C.

and

be accurately observed?"
Hence, i, bishops cannot
or receive anything for dispensations and the like
where this is forbidden by the Taxa Innocentiana ; 2, they

cery,

demand

the taxes of their chanceries

4I6

but they
should do so according to the rate established by Innocent
XL, making due allowance, however, for the difference in
41
the value of money, both as to place and time.
For what
can, indeed,

fix

"

was formerly purchasable for a Roman scudo costs at pre

sent twice as much.
This holds true especially of the
United States.

country,

dispensations is, and justly so, $r,

the Taxa Innocentiana allows but 30 cents.

the chancellor

where

417

in several dioceses of this

Hence,
s fee for

603. Regulations and Customs in the United States respect

I. As a
ing the Taxes of Episcopal Chanceries.
general rule,
a tax i.e., a determinate sum is prescribed for dispensa
4I8

this tax usually

tions from the publication of the banns
a
between
five
and
ten
dollars
for
dispensation from
ranges
;

all the proclamations.

Is this tax,

though undoubtedly pro

by the Taxa Innocentiana, nevertheless legitimate

reason
of custom?
Some say, yes; others, no. 419
by

hibited

4U
414
417

415

Cone. Trid.,
Bouix,

sess. xxi., c.

c., p.

311.

Cfr. Syn. Alban.,

Cfr. Stat.

AJban., p.

i.,

4I6
1.

ii.,

d. R.

p. 15, an.

Dioec. Novar.,

41S

Craissl, n. 1057.

Ferraris, V. Taxa,

p.

94

n. 12.

41>

Oct.

8,

1678

Craiss., n. 1052

1869; Syn. Boston., ii., p. 35, an. 1868.

Stat. Dioec.
Stat. Dioec. Boston., p. 34
;

41 *

15.

4ia

Cfr.

Bouix,

1.

c.,

p.

313

Of

385

Bishops.

For dispensations from impediments, which are relaxed

facilitates D. and E., a suitable alms should
420
be enjoined.
3. For dispensations from the other impedi
ments no alms is or can be required. 4. Besides the alms,
t.

by virtue of the

a suitable chancery fee may be demanded

with us it is
for
each
instrument
or
no
matter
of what
$i
usually
paper,
in
issued
the
In
most
kind,
dioceses, however,
chancery.
;

no such fee is given or demanded.

This custom is laud
431
and is, no doubt, owing to the fact that chancellors
able,
are, in

the

many

pastor

of congregations, receive
thus enabled to give their

cases, also pastors

salary,

and are

Note.
The Taxa Inservices as chancellors gratuitously.
nocentiana was never, at least in its entirety, received in
the United States.

ART. XVII.
Right of Bishops to Constitute Assistant Priests and assign
them a sufficient Maintenance Division of Perquisites in
the United States.

604. Can the bishop compel a parish .priest to take one or

more assistant priests ? Whenever, owing to the number of
422
one rector is not sufficient, the bishop not
parishioners,
but
should,
can,
oblige the parish priest to associate to
only

himself as

many

bishop, not the parish priest,

is

423

Moreover, the
the judge whether or not,

assistants as are required.

The bishop can

and how many, assistants are necessary.

Konings, p. 74. The statutes of the diocese of Newark say: When a

out
dispensation from the impediments mixtae religionis, disparitntis cultus,
"

i""-

z di.

gra dus

di
affinitatis, z

plication will be

made

g>adus

consaiiguinitatis, or in

to the bishop, giving the

radue

names

is

required, ap

of the parties,

and

stating whether they be poor, or in moderate circumstances, or well to do in

the world, and he will fix the amount of alms, to be remitted to him for pious

uses

4ai

(Stat., p. 95).

Ib., c. iv., d.

R.

4M

Cone. Trid., sess. xxi.

Bouix,

1.

c.,

c. i.,

pp. 554, 555.

d.

Of Bishops.

386

assign assistant priests a proper salary, to be taken out

424
of the revenues of the parish.
605 Can tJie bis/top ordain that a portion of the offerings re
ceived in the administration of the sacraments (baptism and
.

marriage] shall .go to make up the income or salary of assistant

In other words, can the bishop divide the per
priests ?

between the pastor and his assistants ? The question

Those who hold the negative argue
I.
controverted.

quisites
is

thus

It is

certain that these honoraries (cmolumenta stolae)

444

belong, jure communi, to the parish priest exclusively.

Moreover, according to the far more probable opinion of

canonists, these perquisites are not to be accounted fructus

Ecclesiae i.e. revenues of the
beneficii parochialis or r edit us
,

parish.

Now, the law of the Church does not seem to give

the bishop

power

to set apart a suitable livelihood (portio

simply congrua} for assist

congrua, sustentatio congrua, or

except out of the income or receipts of the parish. It

is therefore doubtful whether the bishop can assign assist
ants a share of the perquisites. 2. The affirmative is thus
ants,

"

Bishops, according to the Council of Trent,

may assign assistants a part of the revenues of the parish for
their salary or sufficient maintenance, or provide for them in

maintained

some other manner.

Hence, bishops

may

assign

them part

of the perquisites. As this is a probable opinion, it follows

that if the bishop should decide that part of the perquisites

should be given to the assistants, his decision must be com

428
This whole question was agitated on occasion
plied with.
of a decree of Monseigneur Affre, Archbishop of Paris, en
of each parish a common
joining that out of the perquisites
fund should be made, to be divided between the pastor and
From this decision the parish priests of Paris
his assistants.

"

4M

Bouix,

De

Episc.,

1.

c., p.

Ib., p. 329.

328.
"

Phillips, Lehrb., p. 456.

4

Bouix.

1. c.,

p. 332.

"

Sess. xxi., c vi., d. R.

Craiss., n. 1061, 1062.

Of
appealed to

Rome

in 1848.

Bishops.

The

387

decision of the S. C. C. was

not published.
606. Division

of

the Perquisites

United States.

in the

Bishops

in

of Baptisms and Marriages

country are exhorted

this

to establish, with the advice of their

priests," an equitable
of apportioning these offerings among- the priests re
siding in the same house, taking into consideration the chief

way

claim as well as the graver duties of the pastor.

I^IP The honorary usually given is at least $3.00 for a

baptism, and $5.00 for a marriage. The Third Plenary Coun
cil of Baltimore (n. 294) says:
Itaque quod spectat ad jura
stolae et taxam pro ministeriis ecclesiasticis determinandam,
unusquisque episcopus agat in synodo dioecesana, vel extra
audit is consultoribus eas leges ferat, quae clero ac
populo suo magis convenire videantur. Meminerint autem

synodum

(idque expresse in synodo commemoretur) ministeria ecclesiastica

si

qua

Taxam quoque,

pauperibus esse gratis praestanda.

in

synodo constituatur,

Romam

mittat, ut Sanctae Sedis

approbation i subjiciatur.

ART. XVIII.
Rights and Duties of Bishops relative

Trent/
ally

if

31

Preaching,

etc.

Bishops, according to the Council of

to preach person
are, jure divino, bound, sub gravi,
I.

607.

to

Preaching.

lawfully hindered, they should appoint

this office of preaching.

fit
433

persons to
Universal

discharge wholesomely
custom, however, has modified this duty. At present bishops
are indeed bound to preach from time to time (aliquando), but
not regularly, nor as often as parish priests. 434 The bishop
alone has the right to give permission to preach, and no person
4SO

C. PI. Bait. II., n. 94.

431

Sess. v.,

439
***

c.

ii.

St. Lig., lib.

Bouix,

1.

sess. xxiii.,

iii.,

c., p.

n. 269.

343; St.

c.

i.,

d.

R.

433

Lie-., lib. iv., n.

sess. xxiv.,

c. iv.. d.

R.

Cfr. C. PI. Bait. II., n. 127.

127.

Of

388

Bishops,

can preach against his will. Regulars cannot

preach, even
churches of their own order, in opposition to the will of

in

the bishop.

II.

gated to offer

Celebration of the Mass.

Bishops are obli

on Sundays and
holidays, the sacrifice

up/

of the Mass for the entire diocese

"

They should, unless law

celebrate
solemn
Mass
at Easter,
hindered,
fully
Christmas,
Epiphany, Ascension, Pentecost, Eeast of SS. Peter and
111. Administration
Paul, All Saints,
of Chnreh Pro
etc.""

The bishop

the administrator, or rather guardian,

of the temporalities of the churches or parishes of his dio
140
cese.
lie is obliged to leave to his cathedral all sacred
perty.

is

ornaments, and the like which were purchased with

church moneys. Hence, he should make an authentic and
accurate inventory
of all things used for divine worship
vessels,

"

and purchased by him, after his appointment to the see

with church moneys or ecclesiastical revenues.
Sacred

44
things thus bought belong to the cathedral.

ART. XIX.
Right of Taxation as Vested
given Bishops
States

De Juribus

"

in

Contributions to be

Bishops

Collections ordered by Bishops in the

United

[Uilibus Episcoporum."

608. -I.

The

Contributions dcniandable by Bishops in general.

faithful are obliged to contribute for the general

wants of the Church, and especially of their own diocese.

The bishop, therefore, can ask for contributions from all his
dioceseners, and especially from his clergy, for the needs of
43
These offerings, whether of the faithful or
the diocese/

form
\clergy, should, however, as far as possible, assume the
437
"*

440
444

St. Lig.,

H. Ap.,

tr. vii.,

n. 65

Cone.

PI. Bait. II., n. 366.

<3!)

n.

Konings,
Cfr. Cone.

1135, 1322.
"

PI. Bait. II., n. 182-205.

Craiss., n. 1069. 1070.

443

Craiss., n. 1066.
fb --

"

l88

Phillips, Lehrb., p. 289,

Of

Bishops.

589

of voluntary contributions, not of taxes or assessments, in the/

strict sense of the

Contributions in particular.

II.

609.

made

term."

Of

the contributions

some are ordinary

those, namely, which

are given every year, or at least at stated times; others
extraordinary to wit, those given only in special cases or
to bishops

I.

emergencies.

The

regular contributions

following, chiefly, are the ordinary or

The catkedraticum (also synodaticum,

I.

pensio paschalis), which means a fixed sum ot money to be

annually given the ordinary out of the income of the

churches

in

the

diocese."

It

must be given by

churches

all

charge of secular priests, but not by those of regulars,

In most
save when they have the care of souls attached.
in

Catholic countries the cathedraticum has gone out of use,

bishops there being supported by salaries Irom the govern^
merit or from other

Greek Church,

the

it still

sources:"

in

the

exists, in

United States,

England,
7

In

etc."

in

this

main support of bishops, as well as

the chief means to defray the expenses incident to the dis
charge of the various episcopal duties. It is made up from
the income of congregations, not out of the
salary of pastors
country

it is,

in fact, the

The amgunt should be determined by the

with
the
advice of his clergy. 449 2. Procuratio (also
bishop,
circada, comcstio, aibergarid]
ex
i.e., the hospitalitv to be
tended to the bishop when he canonically visits the diocese.
or

3.

assistants."

Contributions for the support of the seminary (scminaris4. Fees of the episcopal chancery (Jus

ticum, alumnaticuni).
sigilli}.

to a

5.

The share

^alis.^

Vhe two

6.

Walter, Lehrb..

Cfr. Craiss.. n. 1072.

Cone.

lelt

The fourth part of tithes (quarta decimationuin}^

named are abolished at present. They were

<t4

51

from legacies

canonical portio, quarta cpisco-

last

<16

""

falling to bishops

church (quarta mortuana,

190.
44T

PI. Bait. II., n. 100.

Reiff., lib.

iii.,

Walter,

c.

Ib
45 -

tit.

xxxix

n. 10-18-

">

Phillips,

p.

290

vii., p.

874

1. c..

>

Soglia, vol.

ii:,

p. 20.

Phillips, Kirchenr., vol.

Of

390

Bishops.

based on the division of ecclesiastical revenues as

made

in

ancient times, by which the bishop received one-fourth of

all ecclesiastical revenues.
3

HgUr

The ordinary

new and

taxes are subdivided into

old.

An

old or ancient tax (taxa antiqua, census antiquus] is one

which is expressly authorized by the general law of the

Church.
The cathedraticum, the seminary contribution,
and the hospitality extended to the bishop when he makes
the visitation of the parish, are, at present, the
only ancient
taxes
due
to
the
new
ordinary
bishop.
ordinary tax

one which

is

(taxa nova)

general law.

"

is

not expressly authorized by the

the sacred canons prescribe that the

HSUr" Now,
bishop
cannot impose a new ordinary tax at least, not a
perpetual
one nor increase the old ones, except by leave from the

Holy

Thus

See.

the Council of Lateran (an. 1179) decrees:

Proinsuper ne ab Episcopis vel aliis Praelatis novi

hibemus

"

census imponantur

vero

ecclesiis,

aliter fecerit, irritum

ncc veteres augeantur.

quod

habeatur."

egerit,

Si quis

4M

=>

mean

or contributions (Subsidia
exactiones extraordinariae].
By these taxes we
those which the bishop, for manifest and sufficient

cause,

demands

|3P

II.

Extraordinary taxes

charitativa,

in special cases of necessity. 455

Now, what

are the conditions uncler which the general law of the Church
or the sacred canons allows the bishop to ask for an extra

ordinary tax or collection? I. There must be a sufficient

cause such as (a) to defray the expenses of the bishop s
consecration; (b) of his visit ad limina ; (c] or attendance at
an oecumenical council. 456 2. The cause must be clearly and
;

For the law expressly requires not

manifestly sufficient.
that
the
causa
be
rationabilis, but also that it be manu
merely
In case of doubt, whether the cause

fcsta.

whether the tax

453
465

De

Angelis,

Reiff.,

1.

1.

c., n.

is

iii.,

t.

39, n. I.

Cap.
*

19.

is

sufficient or

exorbitant, the matter should be settled

7,

Reiff.,

1.

De Cens.
c.,

n. 30.

(iii.

39).

Of

391

Bishops.

by recourse to the superior or by arbitrators selected by

consent of both parties.
3. The tax or contribution asked
and
never oppressive or burden
be
must always
moderate,
4

"

458

4. The bishop can insist__irrjon_ an extraordinary

contribution only when his other revenues are insufficient to meet
at least, the advice
the special emergency.
5. The consent, or,

some.

of

the cathedral chapter

is

requisite.

6.

Where

the

Taxa

Innoc. obtains, the leave of the Holy Sec is also necessary, ex

cept in one case, namely, where a bishop, in a diocese in
which it has been the custom to do so, asks for a contribu
tion to defray the expenses of his consecration.
7. Finally,
law
the
as
cum
asked
be
the tax should
charitate,
expressly
a

In other words, the bishop should ask for it as a vol

untary offering rather than as tax in the strict sense of the
term. Canonists generally remark that at the present day
says.

extraordinary contributions, at least in the form of taxation,

have gone out of use in most countries.
Bishops in the United
I^IP 610. 111. Contributions
<givcn

The Third Plenary

States.

decrees:

"

\\,\\\,

erit recursus

ad

Council of Baltimore

(n. 20, in fine)

prachabito Consilio Consultorum, necessarius

S.

Scdem

in singulis casibus, in

quibus agatur
de imponenda nova taxa pro Episcopo quae excedat limites a
In other words, wherever there is
canonibus constitutes."
question of imposing a new tax, collection, or contribution
for the bishop, which goes beyond the rules laid down by
the sacred canons, the bishop is obliged, (a) first to take the
advice of his diocesan consultors, (b) and then also obtain

leave from the

What,

|3|F

Holy

See, and that in each individual case.

then, are the rules enacted

by the sacred

We

new

have
taxes for the bishop ?
seen that the canons forbid the bishop (a) to impose a new
canons

in

regard to

is, any ordinary tax other than the cathedraticum, seminary dues, and the hospitality given at the

ordinary tax, that

episcopal visitation
*"

Reiff.,

Cap.

1.

Cum

c., n. 36.

Apostolus

(b)
468

to increase
Cap.

6, cit.;

Cum

any

Apostolus

of these old taxes

6,

De Cens.

Craiss., n. 1072; Walter,

191.

(iii.

39).

Of

392

Bishops.

to impose an extraordinary tax,

except in the manner and
under the conditions already explained above. These con
ditions are given by the cap. 6, De Cens.; the S. C. C. in
Gerund. Feb. 17, 1663 the Taxa Innoc. Oct. 8, 1678.
(c)

ART. XX.

DC Junbus

Prerogatives of Honor of Bishops

Honorificis

.Rpiscoporum.
611.

Precedence

1.

bishops themselves

among

lated by the time of their consecration

who

is

is

regu

so that a bishop

consecrated precedes

first

crated after him.

prothonotaries.

all other
bishops conse
take
Bishops
precedence of apostolic
In his own diocese a bishop takes
prece
1

"

dence even of archbishops, save his own metropolitan; how

ever, as a matter of courtesy, the 5. C. C. recommends that
the diocesan should

give the

preference

to

all

strange

460
When the bishop visits a churcl
bishops and archbishops.
in his diocese he should be received solemnly by the
clergy
and, if he performs or assists at sacred functions in any part
;

of his diocese, an elevated seat (thronus) should be prepared

ior him at the Gospel side of the sanctuary; the throne

should be decorated, though iiot^Lu-^ed, and surmounted by

a canopy or baldachin.
II.
The insignia of bishops, be
4

"

pontifical robes in

sides their

I, the
general, are chiefly
mitre (initra, cidara bicornis, infula} 2, the crosier (bacillus
:

pastoralis, peduiri),

curve, and

or pastoral

staff,

which terminates

in

the symbol of his office of shepherd of souls; 3,

the ring, the emblem of his union with his diocese 4, the
is

golden pectoral cross ( pcctoralc], which bishops wear con

III.
Privileges of Bishops.
stantly on their breasts/"
Among others, bishops, i, can take with them on journeys

a .portable altar (altare viaticum, portatile], in order that they

may be able to say Mass everywhere, even outside of
*"

""

""

Phillips,
*"

c.,

p.

Ib., p. 891.

890.

Phillips, Lehrb., pp. 290,

2<ji.

Ib., p. 892.

O/
churches.

2.

When

Bishops.

out of uteir

own

dioceses they

may

and be absolved by, their

everywhere go
own priests, as also by approved confessors of other dio
ceses^ venjnitjjf the diocese for which these confessors are
3. Bishops, moreover, do not, unless
approved/"
expressly
incur
mentioned,
censures, whether imposed ipso jure or
by
4. A bishop is addressed by
judicial sentence (lib homine).
the Pope as Venerabilis l :rater or Fratcrnitas Tua ;
by others
as Revendissime ct illustrissime Domine.*
In his solemn or
official acts
he
v.g., dispensations, ordinances, and the like
to confession to,

uses the

formula:"

Ego N. Dei

misericordia, miseratione]

Apostolicae Sedts gratia (or

In this formula
Episcopus
et

...

he omits his family name and makes use of his baptismal

466

He may celebrate Mass and perform

5.
only.
sacred functions in pontificalibus in all, even the exempt and
4
privileged, churches of his diocese.
name

"

483

Phillips, Kirchenr.,

484

484
1.

**

Ib., p. 901.

c.,

pp. 898, 899.

Gerlach,

I.

c.,

Ib., p.

220.

*"

900.

Craiss., n. 1078

CHAPTER

VI.

VARIOUS KINDS OF BISHOPS AND OF PRELATES HAVING

QUASI-EPISCOPAL JURISDICTION.
6 1 2. There are two kinds of assistants or vicegerents of
Some assist the bishop in the performance of the
bishops:
functions of the

orders

others

episcopal order
in

in

v.g.,

the exercise

of

conferring sacred-

episcopal jurisdiction.

Auxiliary bishops belong to the former, coadjutor bishops

3
to tne Batter class.

ART.

Of

1.

Auxiliary Bishops.

613. Auxiliary bishops (episcopi suffraganei, vicarii in ponto

tificalibus) are titular bishops appointed by the Holy See

ordinary bishops, not in the exercise of their jurisdicbut merely of the ordo episcopalis v.g., to give confirma

assist
tio*

tion.

We

say,

I,

titular bishops (episcopi titulares, episcopi in

for they are conse

partibus infidelium, episcopi annulares)
crated with the title of some diocese in the hands of the
;

infidels.

We

say, 2, appointed by the

pp. 287, 288.

Walter,

They may, however, be appointed

1.

c., p.

285.

Ib.,

See.

Holy
3

Now,

they

In German, Weihbischofe.
and thus assist the

vicars-general,

Bened.
bishop in the exercise of his jurisdiction (Soglia, vol. ii., p. 28 cfr.
lib.
xiii..
xiv.,
n.4\
De
cap.
XIV.,
Syn.,
*
According to the present discipline of the Church, every bishop is placed
;

over some diocese, governed by him either actually or at least potentially

(Bened. XIV.,

Usually
lips, Lehrb.,

1.

c.,

cap.

viii., n. 12).

at the request of those

bishops

p. 325).

394

who stand

in

need of them (Phil

Quasi-Episcopal Jurisdiction.

when they
customary to have them

are appointed only,

where

it is

I,

395

are really needed

2,
3, on condition that a
;

proper salary (congrud) be assigned them. The reasons for

which they are usually appointed are, I, where a bishop
or cannot perform the episco
pal functions of order on account of old age, infirmity, or
the great extent of his diocese.
Auxiliary bishops are not

does not reside in his see

2.

bound to make the

visit

soon as the bishop

whom

way

relinquishes his see.

ad

limina.

they

Their

assist dies

They

office lapses so

or in some other

exist, at present, chiefly in

The Pope makes use of titular

Prussia, Austria, Spain, etc.
8
bishops in the discharge of his apostolic duties.
ART.

Of

II.

Coadjutor Bishops.

614, By coadjutors (coadjutores] we mean those who are

appointed by the proper superior to assist bishops in the ad
9
ministration of the diocese.
Coadjutors, therefore, must be

distinguished from auxiliary bishops. The latter assist bi

shops in the discharge of the functions of the episcopal
10
or do ;
the former in the exercise of the episcopal jurisdic11

How many

kinds of coadjutors are there at present ?

I.
By reason of their duties (ratione materiae] coadjutors are
divided into temporal (coadjutores in temporatibus tantuwi) and

tio.

spiritual (coadjutores in spiritualibus, coadjutores in spiritualibus

simul et temporalibus}
The latter are appointed to assist the
bishop in the performance of his spiritual duties, whether of

order or jurisdiction, and not unfrequently also

7

Soglia,
*
10

:1

Bouix,

1.

c., p. 29.

De

Episc., vol.

i.,

p.

498

gripp., 1739.

Forum

Thomassin.,

p.

ii.,

man-

Craiss., n. 1083.
1. ii.,

c. 1v.

seq.

"

Walter, p. 286.

Leurenius

in the

Phillips,

Benef., Tr.

de Coadjutoriis, qu.

308.

1.

c.,

163.

Coloniae Ag.

Bishops and Prelates having

396

agement of Church property.

In order to be able to exer-

they are consecrated a titular bishop; the

former only in the administration of the temporalities of the
diocese, and consequently they need not be consecrated
cise pontificalia,

13

Again, by reason of their tenure of office

(rationc tcmporis et formac), they are divided into such as
2.

bishops.

hold office temporarily (coadjutorcs temporarily temporales]

and such as hold
i.e., until the bishop s death or recovery
office

permanently

cum futura

(coadjutores

successione,

cum

jure succcssionis, perpetui} that is, those who are appointed

14
with the right of succession at the death of the bishop.

We

ask

Are

coadjtitorships

cum jure prohibited at present?

The reasons are i. They
l

They

are, generally speaking.

18

carry with them the appearance of hereditary succession

a thing forbidden by the sacred canons.
2. Because they
17
We said above, generally speaking;
contain an expectancy.
for, in certain cases
namely, where the urgent necessity or
evident utility of the diocese so demands
tors may be appointed by the Holy See.

Appointment of Coadjutors.

615.

of appointment

right

however

cases,

from the Holy See

is

firmity,

To

v.g.,

whom

To

1.

the Holy See

the diocese

perpetual coadju
belongs the
In certain

solely."

great distance
a bishop who, by reason of age or in
if

is

at a

unable to discharge his duties,

may

himself,

by

19

virtue of Papal authority, select a temporary

coadjutor,
with the advice ai
consent, however, of his chapter.
Nay,
1

in case the
"

16

17

bishop

is

insane, the chapter

Bouix, 1. c., p. 498.

Cone. Trid., sess. xxv.,

"

Leuren.,

c. vii., d.

1.

c.,

itself,
6

n. 2.

provided two-

Salz., vol.

ii.,

p. 170.

R.

that they confer upon coadjutors the right to succeed,

death of the bishop. As such an expectancy may occasion in
others a desire for the death of the bishop, it is detrimental to ecclesiastical

Namely,

in this

ipso jure, at the

discipline.
18

Cfr. Phillips, Lehrb.,

Craiss., n. 1099,

19

Pe:pe

Bouix,

1.

fid/

c., p.

163

Leuren.,

1.

c.,

qu. 309.

noo.

coadjutors must in all rusts be appointed by the Holy See.

500.

Cfr.

Quasi-Episcopal Jurisdiction.

397

thirds of the canons consent,

may appoint such coadjutor a

report of the whole case should be sent to Rome as soon as
For ^vhat causes may coadjutors be appointed?
chiefly: i. Chronic or incurable bodily disease

II.

possible.

For these

make

of such nature as to

form

his duties

it

impossible for the bishop to per

of speech, blindness,
paralysis, and
the like 2, old age v.g., age of 60 or 70 3, insanity; 2 4,
great negligence on the part of the bishop in the discharge
21
Both perpetual and temporary coadjutors
of his duties.
v.g., loss

"

are appointable for the reasons just given.

Where a tem
porary coadjutor is all that is needed a perpetual one should
not be appointed.
Although the Holy See does not

usually assign a perpetual, or even a temporary, coadjutor

to a bishop against his will, yet it mav do so
in fact, has

done so for just cause. 22 III. Mode of Appointment in the

United States. The mode which obtained formerly and is
described

the previous editions of this work, has been

in

changed by the Third Plenary Council of Baltimore,

When

there

is

or archbishop

as follows:

question of appointing a coadjutor to a bishop

cum jure

under Nos. 345

successionis, the

must be observed.

sq.

laid down above

Where, however, a

law

coadjutor bishop or archbishop is to be appointed who shall

not have the right of succession, it is sufficient for the bishop
who wishes to have such coadjutor to present to the Holy

See the person

whom

he wishes to have appointed.

-I.
The nature of these rights

616. Rights of Coadjutors.

depends chiefly upon the teno;- of the apostolic letters-patent

If. however, the
by which coadjutors are appointed.
apos
3

tolic- letters

are

not

21

the powers in
must
be
determined by the reason which caused
question
the appointment.
Thus, I. a coadjutor, whether temporary
sufficient.lv

explicit,

"

or permanent, assigned to an insane bishop, obtains complete

administration of the diocese in temporal as well as in
Spiritual
so

w
Si

matters;

Leuren.,

].

c.,

in

2B

ii.,

such coadjutor

fact,

qu. 339. 340, 341. 342

Ib.. p. 507.
Sojjlia. vol

"

30

Leuren.,

1.

c.,

qu. 397.

M
*

has

llu-

Bouix.
Ib.

1.

c., p.

same
506.

(5")

Craiss

n.

1103.

Bishops and Prelates having

398

though he were the actual bishop of the diocese

he cannot, however, alienate ecclesiastical goods. 28
2. On

power

as

Ihe other hand, a coadjutor given to a bishop who is merely

infirm or old can only perform those duties which the bishop

unable or unwilling to discharge, but not those which the

bishop has reserved to himself. Hence, it may be said that,
is

coadjutor in this case should undertake nothing

without the advice and consent of the bishop. 2
But, if the

as a rule, the

objects unreasonably to the exercise of powers by

he coadjutor, the latter can proceed against the will of the
former the more prudent course, however, is to refer the
Sr.ishop

50

II. Salary of Coadjutors.

Coad
a
are
entitled
to
sustentatio
jutors
competent salary (congrua,
All agree that if the ecclesiastical income of the
congrua}.

matter to the Holy See.

large enough to support himself as well as his co

latter should receive his salary from such in
the
adjutor,
31
come.
The difficulty is What is to be done in case the

bishop

is

above income

is

insufficient for

both?

Should

bishop or to the coadjutor in such case

32

it

go

to the

The question

is

this difficulty

is

disputed.
Practically speaking, however,
of no consequence.
For the Holy See, before appointing a
determines
the amount of salary, as well
coadjator, usually

whence

as tht source

it is

to be derived.

If possible, the

coadjuuv:- should have suitable lodgings in the episcopal

33
III. Plow do tJie po^tvers of coadjutors lapse?
residence.
I.
Those of temporary coadjutors lapse with the death, deposi
34

2.
Coadjutors cum
futura succession? succeed ipso jure, and without any new
36
36
as the bishopric falls vacant.
election, so soon
Bishops in
the United States, who hold the Church property of the dio-

tion,

"*

or resignation of the -bishop.

Bouix,

29
.

c.,

->.

Ib., p. 516.
33
11

Bouix,

Then,

1.

Salz.,

509.

S1

c.

M
34

1.

c., p.

170.

Bouix,

1.

c.,

Craiss., n. 1112.

also, th $y lay aside the title of their see in partibus,

that of their actual iliocese.

pp. 510-51:1.

Cfr. Ferraris, V. Coadjutor, n. 31-42.

3G

and assume

Soglla, vol.

i.,

p. 220.

Quasi-Episcopal Jurisdiction.
cese in their

own name,

their coadjutor

if

399

name
With coad

should, in their testament,

they have one

their

heir."

jutors may be classed vicars-apostolic who are appointed by

the Holy See to govern a diocese whose bishop is suspend

ed from the exercise of jurisdiction for having abused his

power."

ART.

Of
I.

617.

Regular Bishops.

Regulars may be

to the episcopal dignity

39

superior

is

requisite.

III.

in fact, are

sometimes

raised

the permission, however, of their

regular bishop is, from the day of

Papal Consistory, released merely from the

promotion
obligation of observing those rules of his order which are in
compatible with the episcopal office and dignity but not
40
from any of the essential vows.
Still, he is exempt as to
some of the effects of the vows of obedience and poverty.
Thus, he is no longer bound to obey the prelate of his
in

his

order, but only the Sovereign Pontiff.

Again, he remains,
it is true, incapable of acquiring property for himself, but he
may freely use temporal goods to support himself in a man

41

II.
ner befitting his exalted station.
regular bishop,
wear
the habit of his order as to
moreover, is obligated to

color ; the sJiape of his cassock,

its

that of secular bishops.

42

however,

He

is

the

same

as

as a rule, recite the

must,
43
or breviary of his diocese, not of his order.
If he
should resign his episcopal see, or be removed from it, he is
office

bound
sion

"

"

to return to his monastery, unless he obtains permis

4
from the Pope to remain out of it.*

Cone. PI. Bait

Bouix,

"Ib.,

44

1.

c., p.

n. 2.

Ib., n. 20.

II., n.

496

"

Salz.,

189.
**

1.

c., p.

171.

Ferraris, V. Episcopus, art.

vii., n. i, 2.
4t

"Ib.,n. 4, 5-

lb.,n.

7,

Quasi- Episcopal Jurisdiction.

ART. IV.

Of

Inferior Prelates.

Of pi elates inferior to bishops (praelati inferiores)

those
i.e.,
who, though not clothed with the episcopal char
acter or ordo, are nevertheless vested by the Holy See with
618.

45

there are three classes:

greater or less episcopal r^hts
1.
The lowest class
the lowest, the middle, and the highest.
consists of those who preside only over such persons, both
lay and ecclesiastical, as are attached or belong to a cer
4

General superiors of religions

church or monastery.
orders, provincials, and abbots immediately subject to the
47
Regular prelates of
Holy See, are prelates of this kind.
this class cannot hear or confer upon others faculties to hear
tain

48

We

say, seculars ; for regular

4
confessors hold immediately of their superiors, not of bi
shops, faculties to absolve not only professed (male)

the confessions of seculars.

mem

bers of their own order, but also novices and secular domes
II. The middle or second class is
tics living in the monastery.

made up

of those

who

exercise jurisdiction over the inhabi

of a certain dis
tants
i.e., over the clergy as well as laitv
trict or territory which is situate in and entirely surrounded by

Hence they are named praelati

The highest or third kind is composed ot
exercise jurisdiction in a district (i.e., in one or

the diocese of anotlier bishop.

in dioecesi.

those

who

III.

several cities or places) which is altogether separate from and

outside of any diocese whatever.
They are consequently

termed praelati

nullius

i.e.,

46
47

**

They have

dioeceseos.

rights of ordinary bishops, save

exercise of the ordo episcopalis.

the

all

those which require the

"

Bouix,

1.

c..

Soglia, vol.

Komngs

Phillips, Lehrb.,

p 532.
ii.,

1305.

18.

<e

Bouix,

1.

c., p.

543

De Jur. Reg.,
60
Our Noles,

t.

ii.,

149

p. 220,
*

p. 348.

CHAPTER

VII

OF THE BISHOP S ASSISTANTS OR VICEGERENTS IN THE EX

ERCISE OF EPISCOPAL JURISDICTION.

Under

619.

this

head we

shall briefly treat,

2, of archdeacons and arch-priests

general
forane or rural deans.
;

ART.

Of
I.

620.

By

What

is

of vicars-

of vicars-

I.

Vicars-General.

meant by a Vicar-General?

a vicar-general

spiritualibus, officialis)

I,

3,

vicarius

(vicarius gcncralis,

we mean one who

is

in

legitimately ap

pointed to exercise, in a general way, episcopal jurisdiction

in the bishop s stead, and in such manner that his acts are
considered the acts of the bishop himself.
say, i, who
1

We

Now, vicars-general may be ap

2
not
pointed
only by bishops, but also by the Pope.
say, 2, to exercise jurisdiction; for vicars-general do not
necessarily act as vicegerents of bishops in regard to the
functions of the ordo episcopalis?
say, 3, in a general
is

legitimately appointed.

We

We

way ;

for the jurisdiction of vicars-general should be general,

at least

morally speaking.

Bouix,
3
4

De

Judic., vol.

i.,

For

it

were a contradiction

p. 358.

Leuren., For. Benef.Tr. de Vicar Gen., cap.

We

in

i.,

qu. 26.

Craiss., n. 1120.

Hence, the jurisdiction of V. G. may be in

in various matters restricted, both by the jus commune (a
tact, is
/?) and Dy
bishops (ab homine). It cannot, however, be restricted to such an extent as to
make it cease to be morally universal (Bouix, 1. c., pp. 352-358).
say, morally speaking.

-401

Of

402

the Bishop s Assistants in the

terms to say that a person is the general vicegerent of an

other, unless he can, at least in some sense, universally take
Hence, a vicar
the place of the person for whom he acts.
but not
appointed by the bishop for a certain district only,
even
not
would
whole
for the
be,
diocese,
though he re~
ceived general powers for such district, canonically speak
but merely a delegatus, and conse
ing, a vicarius generalis,
him
would have to be made to the
from
quently appeals
the jurisdiction of
bishop, not to the metropolitan. Now,
to territory i.e., it
vicars-general is morally universal (a) as
as
to matters.
in
the
diocese
all
to
extends
(b)
persons
the
s stead; hence,
jiirisdictio of vicars-,
say, 4, in the bishop

We

not delegata? is rightly named

general, though ordinar ia,
talis or ministerialist
vicar
say, 5, in such man
jiirisdictio

We

ner that his acts, etc.

that

is,

these acts have the

same

effect

law as if done by the bishop himself. The vicar-general

7
should reside in the episcopal city.
621. Is the vicar-general necessarily vested with jurisdic
in

We premise

tion in temporalibus as well as in spiritualibus f

By

a vicarius generalis

the bishop selects to

we mean one whom

Church property of the

in temporalibus

manage

the

own income as bishop

is deputed
spiritualibus, one who

diocese, as also his

generalis in

by a

vicarius

to exercise ec

clesiastical jurisdiction relative to other matters.

We

now

as
question is controverted. The affirmative,
f
held by Ferraris and others, maintains that a vicar-general,
clothed with jurisdiction in spiritualibus only, but not in tem
is not, rigorously speaking, the general vicegerent

answer

The

poralibus,

of the bishop, and, therefore, no vicar-general.

Cfr.

tamen De Camillis,

Inst. Jur. Can., vol.

i.,

p. 224.

The

negative,

Paris, 1868.

Phillips, Lehrb., p. 333-

two vicars-general, b.oth should reside in the episcopal

Ferraris, V. Vicarius Gen., art
in quo episcopus stdem habef).
n.
xxviii
tit.
lib.
16,
,
17.
cfr, Reiff.,
i.,

citt

If there are
(in
I.,

eodcm

loco,

n. I, 8, 9

Bouix,

1.

c.,

p.

353

Vicarius Gen.,

art.

ii

n.

^L

however, which

of Episcopal Jurisdiction.

holds

that

403

need only be
seems more conformable
power
to the Council of Trent.
It is
universally admitted that a
vicariits gen. in
temp, tantnm cannot be properly called vicarvested with

vicars general

in spiritualibus,
10

general, but rather procurator (procurator, oeconomus)" The

Second PI. C. of Bait, recommends that such procurators, dis
tinct

from vicars-general proper, be appointed

episcopi solatium verteret,

si

etiam

"

oeconomum

Valde

in

seu in tem-

poralibus rebus gerendis procuratorem, laicum sive clericum

(episcopus) nominaret, cujus foret muneris,

curam

domus

episco-

in

temporalibus habere, necnon et ecclesiarum

ecclesiasticorum
ad nutum episcopi temporabonorumque

palis

lem gerere

administrationem."

12

622. Does the vicar-general receive

jurisdiction from the
law or from the bishop ? The more common
opinion is that,
although the vicar-general is ordinarily appointed by the bi
shop, he nevertheless holds from the common law (alege, a jure,
ratione officii sni], and not from the
bishop (non ab
episcopo}"

For a person is said to have jurisdiction from the ,aw

when,
by virtue of the jus commune, his powers are determined
certo et fixo inodo, quern
episcopus mutare nequit"
Now, the
of
jurisdiction
vicars-general is so determined for, as was
seen, his jurisdiction, whether the bishop wills it or not, ex
;

by virtue of the common law, morally to all matters

and over the entire diocese, and is in this
respect not depen
15
dent on or alterable by the
Nor can it be
bishop.
tends,

objected

that the vicar-general receives

jurisdiction through the epis
copal appointment. For this appointment is but the .means

by which the law confers jurisdiction upon him. 18

623.

Is

the jurisdictio of the

vicar-general ordinar ia or

only dclegata ?

It \& jurisdictio

ordinaria.
n

"

Craiss., n. 1124.
"

C. PI. Bait.

II., n.

Bouix,

p. 3 bo.

Our

1.

c.,

75

Notes, pp. 70 71

ib.,

footnote

This
Leuren.,

certain at

is

I.

c.

qu.

8,

"

Leuren.,

4.

1.

>

Ib.,

p 361.
.

c. (

qu. 72.

a.

Of

404

the Bishop s Assistants in the

17

In fact, his jurisdiction is one and the same with

present.
that of the bishop himself; for the tribunal (consistorium^
auditorium} of the vicar-general is considered in ecclesiasti
cal

law the tribunal of the bishop

the person of the vicarand the sentence pro

general, the person of the bishop

nounced by the vicar-general, the sentence of the bishop.
This holds so strictly that no appeal lies from the vicar;

general to the bishop, because it would be appealing from

18
the same person to the same person.
Now, the jurisdic
tion of the bishop

general

is

ordinary

likewise ordinary.

is

hence, that of the vicar-

19

But

be objected

may

it

is

:.

now, that of

essentially perpetual
Ordinary jurisdiction
the vicar-general is revocable ad nutuni episcopi ; hence, etc.
deny the major. Ordinary jurisdiction is that which is
;

We

annexed to some

office,

but not that which

is

annexed to

it

Thus, Papal legates have ordinary, though

irrevocably.
20
not irrevocable, jurisdiction.
is the principle to be understood
624.

How

sentcntia

This
datnr ad episcopum appcllatio ?
vicarii generalis
in
principle, being unanimously admitted by canonists, is
21
controvertible.
Hence, I, no custom to the contrary can
11011

obtain

it

holds,

2,

even though the parties interested should

consent to an appeal to the bishop

of extra-judicial as

3,

well as judicial appeals; 4, even of cases or matters for which

the vicar- general needs a special commission, provided such

matters are committed to him simultaneously with his ap

pointment as vicar-general.

We

for the principle in question

does not

some

say, simultaneously, etc.

at least, according to
;

extend to matters specially delegated to him after

his

appointment to the vicar-generalship (extra coinmissionem

generalem vicariatus) because in this case the V. G. pro;

17

18

19

Formerly the question was controverted.

Bouix,

1.

c.,

The V. G.

is

41-43.

1.

c.

pp. 363, 364.

therefore properly
20

a.

Bouix,

named

ordinarius.
"

Craiss., n. 1127.

Ferraris,

Bouix,

1. c.,

1. c.,

art.

i.,

pp. 3?2-37&.

Exercise of Episcopal Jurisdiction.

405

ceeds as dclegatus, not as ordinaries, and hence an appeal lies

from him to the bishop.
Observe, that even in cases where
no appeal lies from the vicar-general to the bishop, a peti
tion can always be addressed to him for the remission of the
2

penalty imposed by his vicar-general.

23

The terms

vicar ius

de jure communi," synonymous.

gcneralis and officialis are,
In fact, in Italy both these terms are applied to one and the
"

same person vested with voluntary and contentious jurisdic

But in France and some other countries the officialis
tion.

who exercises contentious, the vicarius generalis one

24
has but voluntary jurisdiction.
Though, de facto,
and
the
voluntaria
both the jurisdictio
jurisdictio contentiosa
is

one

who

may

in fact, are

be

sometimes

and the same vicar-general.

2.

62$.

We

exercised by

two

different

de jure, both are essentially exercisable by one

officials, yet,

25

Appointment of the Vicar-General.

shall explain,

I,

whom

the qualifications requisite in a

is to be appointed
3, whe
vicar-general 2, by
ther the bishop is obligated to appoint a vicar-general, and
whether he can have several 4, in what manner the ap
;

he

pointment

to

is

Vicar-General.

be made.
i.

The

required in a
vicar-general should be an ecclesias
I.

Qualifications

he should be, at least, tonsured though he need

28
27
2. No ecclesiastic,
not be in major or even minor orders.
while actually married, can be appointed vicar-general. 3.
that

tic

58
14

is,

Cfr. Leuren.,

1. c.,

Craiss., n. 1134.

qu. 74.
In the United States the term

Bouix,

officialis is

1.

c., p.

376.

almost un

that of vicar-general is the only one used.

Bened. XIV., De Syn., 1. iii., c. iii., n. 2.
M The schema of the Vatican
Expedit
Council, "de vicario general!," says
etiam ut vicarii generales sacerdotali sint characters insigniti (Martin, Docum.

known, and
26

Cone. Vatic.,

p. 128).

We here

speak, of course, only of those ecclesiastics who are not yet in

major orders, and who, consequently, are allowed to marry (Bouix. De Jud.,
"

t. i.,

pp. 388, 389

the Bishop s Assistants in the

Of

^06

vicar-general should be twenty five years of age/ born in

lawful wedlock he should, moreover, be a doctor in theo
ask Can a religious
logy or a licentiate in canon law.
;

We

be made vicar-general ? It is certain that he cannot with

out the permission of his superior. But is the consent of the
Holy See also required ? Speaking in general, the question

The

affirmative, which seems the more proba

based on the argument that no regular can
reside out of his monastery (extra clanstrd) without permis

is

disputed.

ble opinion, is

day,

it

Bouix adds that, at the present

not unfrequently expedient to select the vicar--

sion from the

is

See.

Holy

Can a bishop,
general from some religious community.
parish priest, rector of a seminary, or relative of the bishop
be named vicar-general? I. A bishop not actually in charge
of a diocese

may undoubtedly become

another bishop, both

12.

No

parish priest, and, in

Vhe care of

souls,

the vicar-general of

and in aliis spiritiialibus.

no clergyman having
general,

in pontificalibus

30

if it

especially

b~ outside the episcopal

The , eason is that the duties

pity, can be vicar-general.
respectively of a vicar-general ind pastor are so grave that,
as a rule, they cannot be
^.ultaneously fulfilled in a proper
manner by the same per

31

Hence, they are officia incoinNevertheless, the appointment of a pastor as

patibilia.
near-general, though illicit, would not seem to be invalid.

3.

_,n.

Rectors of seminaries should not be

**

The above schema

made

vicars-genera!,

of the Vatican Council enjoins

ut illud [i.e., vicarii
twn minoribus annis triginta, et in
"

fen. officium] ecclesiasticis viris deferatur

jure saltern canonico doctoribus, vel alias

Martin,
110

a8
1.

c.)

The schema above quoted

fieri poterit.

Vatican Council proposes

idoneis

ix. lib. Hi.)

(i.e., tit.

Et quia
ministerio omnis pellatur suspicio quod ad e\fori possit adhiberi negotio, nee permittendum sit ut a suo munere
quis-

nccesse est ut a
tt-rni

of the

quantum

Clem, ad prioratus

piam abducatur,

"

fori interni

in

quod incumbere totus debet, propterea episcopi canoni-is

curam animation habentibus, itemque obtiec.

pocnitentiariis, parockis, ceterisque

tatio.iis

attt nep tihus, vicari* genei-atis m units uon

Ferraris V. \ i.arius Gvneralis, art. i.. n. 27

vitandae causa, suis fratribus

tommittnnt"

^Majtin.

!1
1.

c.)

Exercise of Episcopal Jurisdiction.

407

it is ordinarily impossible for them to properly dis

their
duties toward the seminary without neglecting
charge
those of the vicar-generalship.
4. Nor should relatives

because

nephew, brother) of the bishop be named vicars-

uncle,

(v.g.,

32

Can

general.

natives of the episcopal city or of the diocese

be made vicars-general

According to Cardinal de Luca,

name as his vicar-general a stranger

the bishop is bound
that is, one who neither belongs to the clergy of
(extents]
to

diocese nor

his

goes

Bouix

a citizen of the episcopal city.

is

so far as to say that, de

jure communi,

/a bishop to appoint an ecclesiastic of his

it is

own

unlawful for

diocese to the
33

The jus
vicar-generalship, save by Papal dispensation.
commune in this respect still obtains, and should consequent
ly be observed, except, perhaps, in some countries where it
contrary custom lawfully pre
the
However,
appointment of a diocesan ecclesi
Customs in the United States.
astic, though illicit, is valid.
those
of cathedrals, and some
Generally pastors, especially

may have been abrogated by

scribed.

34

times rectors of seminaries, owing chiefly to the scarcity of

As a rule, the vicarpriests, are appointed vicars-general.

general

is

selected from

Who

among

the diocesan clergy.

power of appointment ? I. Every

no
matter
whether
his diocese be large or small, can
bishop,
appoint a vicar-general, and that, at present, without the
consent or even advice of his chapter." 2. The administra
626.

II.

lias the

tor of a vacant diocese, as also the administrator of a dio

cese whose bishop

for himself,

is still

because he

tion of the bishop.

is

30

3.

appoint a vicar-general
the ordinary jurisdic
of
possessed
living,

may

The Holy See may

in fact,

some

times does appoint a vicar-general v.g., where the bishop,

though unable alone to govern hrs diocese, because of its ex
tent
"

18

and the

like,

nevertheless neglects to

Craiss., n. 1143. Cf. S. Thorn.,

Cfr. Leuren., For. Benef. Tr.

**

Ferraris,

1.

c., n. 34.

30

2, 2, q.

63

art. 2,

ad.

name

i.

de Vicario Gen. Episcopi,

Leuren.,

1.

c..

a vicar-

qu. 20, 21.

c.

i.,

qu. 47.
"

Ib.,

qu. 24

Of

408

t?ir

In no case can the

metropolitan aptimn* ..m
38
vicar-general of a suffragan."
cannot ~pbishop elect
point a vicar-general before he has taken
of his

general.

the Bishop s Assistants in

4.

possession

he may, however, make the appointment

prior to his
consecration, provided he has taken possession of his seesee

that

provided he has actually exhibited the bulls of his

III. Obligation of
Is
appointing a Vicar-General.
a bishop obligated to have a
vicar-general ? The question
is,

elevation.

controverted.

Bouix and others, a bishop, 39

if he resides in his
diocese, is not bound to appoint a vicarunless
the
general
Holy See commands him to do so. We
if
he resides in his diocese; for if he were absent from
say,
his see, he would be
obliged to name a vicar-general, in
is

According

to

order to ensure unity of government

during his absence.
the bishop have several
vicars-general? i. It is cer

Can

no bishop, however extensive his diocese

may be,
40
obliged to have two or more vicars-general.
The only
exception occurs in dioceses where the diocesans are of dif
41
ferent languages and rites v.g., Greek and Latin
rites;
tain that
is

in this case,

the bishop is bound to

appoint a vicar42
and
a
that
general,
2.
bishop, for those of a different rite.
lit is even controverted whether a
as
a
name
bishop can,
rule,
for,

The affirmative to wit, that sevejseveral vicars-general.

-al vicars-general, 43 each
having jurisdiction in solidum, may
87
38

Bouix,

1.

c.,

p. 405.

Even though he has already received

89

Especially

if

he

is

the bulls (Ferraris,

1.

c.,

n. 17).

a canonist and has a small diocese

(Phillips, Lehrb.,

P- 333)40

The schema, above quoted, of the Vatican Council

says
Quibus vero in
dioecesibus plures vicarii generales deputao
solent, hi numerum duorum
ttium non excedant, omnesque in solidum teu
aeque principaliter constituantur, ne
"

i<el

quae ab eorum singulis provisa gestaque

riorum autem generalium, quos honorarios
forte

fuerint, viribus careant.

vocant,

41

aboleatur"
43

(Martin, 1. c.)
In case several are named,

Ferraris,

1.

n. y.

Supra,
all

of

nomen

n. 541.

them must reside

et

Vica-

usus prorsus

Craiss., n. 1156.

in the episcopal citv.

Exercise of Episcopal Jiinsdiction.

409

We

the more probable opinion. 3.

said, as
certain that a bishop can constitute several
vicars-general, i, where it is customary to do so; 2, where
two dioceses, having been united into one (dioeceses princi-

be appointed

a rule

for

is

it is

44
In the
governed by the same bishop.
latter case, the bishop may have a vicar-general in each dio
cese nay, if the two dioceses arc at a considerable distance
from each other, he is bound to have one in the diocese
where he does not reside. IV. Mode of Appointment. The
vicar-general may be validly constituted orally, and it is not

paliter unitae), are

absolutely necessary that his appointment should be made

in writing.
say, not absolutely ; because letters of ap

We

pointment are required in order to prove the authority of

the vicar-general, if called in question. Hence, it is ad
visable that he be always appointed

tura publica et solemnis)

that
not merely by private letters.
4

3.

is,

by letters-patent (scrip,
by an official instrument

"

Powers of the Vicar-General.

The

vicar-general, by virtue of his appointment (et

46
constituatur
V. G.}, can, as a rule,
do what the
ipso quod
bishop himself can do de jure ordinar io.^ For, as was seen
627.

his jurisdiction is the

same as that of the bishop

per

se,

and as
universal as is the ordinary jurisdiction of the bishop him
We say,/^r se; that is, unless restricted, i, by eccle
siastical law
2, or by the bishop.
Hence, in order to

therefore

it is

in

every respect as great, as unlimited,

self."

ascertain the extent of the

powers vested in the vicar-gene

by his very appointment, the question is not so much
what powers has he as what powers has he not. Once we
have learned what restrictions have been placed on his
jurisdiction, either by canon law or by the bishop, and, con-

ral

44
47

46

Leuren.,

1.

c.,

qu. 31.

Leuren.,

1.

c.,

c. iii.,

4*

Ib., qu. 35.

<s

qu. 96, 98.

Bouix,

Ferraris,

De

1.

c., art. ii., n. 3.

Judic. Eccl.,

tr. i.,

p 414.

the Bishop s Assistants in the

Of

4io

sequently, what he cannot do, we know by inference what

he can do to wit He can do generally what the bishop
:

Hence we ask In what things or how far

has canon law restricted the jurisdiction vested in the vicargeneral by virtue of his appointment (vi officii sibi generaiiter
himself can do.

Chiefly thus:

comnnssi)!

ing validly in certain cases

I, by prohibiting him from act

without a special mandate from

by enacting that he cannot proceed in some

I.
things even with a special mandate from the bishop.
the bishop

2,

Chief Cases where the Vicar-General cannot act validly save by

a Special Mandate from the Bishop.
The vicar-general,.
i.

even though he be a bishop, cannot perform actions of the

ordo episcopalis

v.g., blessing holy oils, giving confirmation,

or conferring orders.
churches
Nor can he
consecrating

grant letters dimissory for the reception of orders, except

when the bishop is in remotis regionibus and will not return
materia beneficiali ; he cannot confer
benefices, although, according to some, he can appoint to
parishes those who, having made the concursns, are found to
for a

long time.

2.

///

be the personae digniores.

In the United States, however,

61

according to Kenrick, vicars-general (except the bishop

disposes otherwise) can give priests faculties, together with
02
He
the care of souls, as also revoke them for just reasons.
63

cannot erect, unite, or divide benefices or parishes, nor can

he give another bishop permission to exercise pontificalia in
In regard to the jnrisdictio contcntiosa, he
cannot take cognizance of the graver causes or crimes of
the diocese.

3.

and consequently he cannot depose them ab

ecclesiastics,

ordinc or a bencficio

(v.g.,

parish).

from suspensions incurred ex

cases reserved to the Holy See

4.

Nor can he absolve

dclicto occidto,
;

nor from other

nor from sins reserved to

the bishop solely?* either by the bishop himself or by ecclesi49

63

Ferraris,

1.

c., n. 3.

*"

Cfr. Craiss., n. 1162.

"

Konings,
Leuren.,

n.
1.

1146
,

(z/.

qu. 130, 131.

i-errans,

I.

c., n.

29, 34, 28.

"

Tr. viii

n.

4*

Exercise of Episcopal Jurisdiction.

astical

law

"

(v.g., in

41

the C. Ap. Sedis of Pope Pius IX. or in

c. vi., d. R.)
5. General
matters
a
of
of
charac
he
cannot
grave
dispose
ly speaking,
6. Nor can he do those
ter (causae arduae, res graves}.

the Council of Trent, sess. xxiv.,

things which fall under the bishop s jurisdiction, not de jure

communi or de jure ordinario, but by virtue of the jus speciale.

Thus, vicars-general in the United States can exercise the

ordinary, but not, except by special mandate, the extraordi
II. Chief Cases where the
nary, faculties of our bishops.
Vicar-General cannot proceed validly, even with a Special Man
date from the Bishop.

power

vicar-general

The bishop cannot

confer upon his

to absolve from occult heresy.
Pro
i.

however, who apply for admission into the Church,

be
absolved
by the bishop or his delegatus ; the reason
may
is that,
by applying for admission into the Church, their
haeresis becomes deducta ad forum episcopi, and thus ceases to
testants,

"

be

occult."

2.

The bishop cannot empower

his vicar-gene

ral (unless he be a bishop) to perform those actions for

which, jure divino, the ordo episcopalis is required v.g., the
conferring of major orders neither can he, except by leave
;

from Rome, authorize his vicar-general (who is not a bishop)

to do those things for which the ordo episcopalis is necessary
only jure ecclesiastico v.g., to perform the blessing of ab
bots and

blessings in general,
Bishops in the United

where the

holy

oils

are

used."
power from
the Holy See to authorize not only vicars-general, but
also other priests, to consecrate chalices and altar-stones,
to bless bells,* sacred vestments, to absolve from occult
Moreover, the facilitates extr. D. and E. may be
heresy.
81

delegated
in

by our bishops to two or three worthy

remotioribus
16

Konings,

n.

locis

1146

11

Craiss., n. 1168.

**

Fac. Extr. C.,

"

States have

(6).

n. 6, 12;

as

dioecesis,

also

M
Phillips, Lehrb.,
M
1.
Leuren.,

Fac. form,

i.,

c.,

p. 335.

qu. 113.

n. i?.

Pro aliquo tamen numero casuum ur

to

vicars

priests

general

Supra, n. 580

Of

412

Bishop s Assistants

tJic

more than

case bishops are to be absent

82
residence.
in

628.

To what

I.

211

the

day from then

matters does the ordinary jurisdiction

of vicars-general chiefly extend without

We

any special mandate

The

from the bishop

jurisdiction of vicarspremise
general is not so extensive as that of vicars-capitular, sede
vacant e (with us, administrators) for the latter can do many
?

things which the former cannot, save by

mandate."

special

We now answer: I. The vicar general has the right to con

cur cumulatively with all the pastors of the diocese in the
04
2. He
administration of the sacraments and in preaching.
may, by virtue of his appointment, hear sacramental confes
sions and also give other priests faculties to do so.
3. He
can appoint in his stead a delcgatus for one or several mat
65

ters,

but not

compel

64

quoad universitatem causarum.

pastors to take as

for the parish.

dignity

meant every

can

He may

5.

tions of the banns.

astical

many

He

4.

assistants as are necessarv

dispense from all the proclama

Is the vicar-generalship an ecclesi

67

II.

a dignitas, in the strict sense,

By

office to

not

is

which precedence and jurisdiction are

attached, but only an office that is permanently vested in a

person, and to which precedence and jurisdiction are an
is an office ad nutum reand
vocabile, having jurisdiction
precedence attached. As
the vicar-general is removable ad nut inn cpiscopi, he is an
Yicursecclesiastical dignitary only in a broad sense.
,/;
some
minorcs.
arc
also
accounted
^cncral
//v?r/
by

nexed.

In a broad sense, a dignitas

629.

How

does the vicar-general

69

Chiefly in three
his

41

Extr. D., n. 8

Leuren.,

**

I.

Fac. Extr. E., n.

Leuren.,

vicar-general being

ap.

4,

c.,

1.

1.

re-

our Notes, pp. 473, 475.

*

1.

Ib.,

qu. 97.

n, 12, 13.
Except by special mandate (cfr. Craiss.
Ferraris,

*T

s jurisdiction expire ?
will of the bishop namely, by

By
ways
removing the vicar-general.

M Fac.

"

qu

ill,

c., art. ii., n.

c.,

qu. 161.

"

Bouix,

n. 1176).
"

1.

c.,

p. 440.

Soglia,

t.

ii.,

p.

27

Exercise of Episcopal Jurisdiction.

vocabilis

ad nutum

episcopi

may

-be validly

413

removed without

et justa causa ; and if

cause, but nol licitly, except ex gravi
removed: without such cause, he may be reinstated by the
70

that is,
II. By will of the vicar-general himself
Holy See.
He
tacit
or
resigns tacitly by
resignation.
by his express

of not returning. III.

leaving the diocese with the intention
By the lapse of the bishop s jurisdiction. Now, the bishop loses
observe, however, the vicari, by death.

We

jurisdiction,

the bishop s death only in

general s jurisdiction expires at
71
to him under his official title
regard to matters delegated
Committimus hanc causam vicario gcnerali
on ly v.g., thus
but not in regard to matters com
Neo-Eboracensi,"
"

mitted to him personally or under his baptismal or family

Committimus hanc causam Jacobo Mur
name v.g., thus
the
phy, vicario general! Neo-Eboracensi." For, respecting
"

he retains jurisdiction even after the bishop s

death, or after being removed from the vicar-generalship."
The bishop loses jurisdiction, 2, by resigning his see 3, by
being transferred to another bishopric 4, when taken cap
latter cases,

and schismatics)

5, by
by pagans,
or
interdicted
6,
by
being excommunicated, suspended,
In whatever manner, therefore, the bi
being deposed.

tive (namely,

heretics,

s jurisdiction lapses, that of the vicar-general

except,
as stated, in cases delegated to him personally also expires,

shop

regard to matters already taken in hand (re

73
Herein a vicar-general differs
Integra) by him.

and that even

non

amp lius

in

from a mere delcgatus ; for the latter s jurisdiction expires at

the death of the persona delegans, only in regard to matters
not yet engaged in (re adliuc Integra), but not in respect to
things already undertaken.
630.- -I. By whom is the salary of the vicar-general to
be paid ? I. De jure communi, by the bishop, out of his own
7*

"

Ferraris,

1. c.,

Whether by

n Leuren.,

art. iii., n. 29.

the bishop or the

Holy

See.

Crais?., n. 1181.
7S

1.

c.,

qu. 2g8.

Soglia,

1.

c.,

p.

3*

Of

4 4
[

the

Bishop s Assistants in
1*

income (e* sua camera].

ai the time of the
bishop

The

t/ic

salary clue the vicar-general

death should be paid him by the

vicar-capitular out of the revenues of the vacant see. 2. In
France and some other countries he is paid by the govern
ment. 3. In the United States vicars-general are
s

usually

and do

not, as a rule, receive a special salary

for the discharge of their duties as vicars- general.
II. When

also pastors,

and the ignorance of a vicar general imputable to the bishop? i. The bishop is not responsible foj
delinquencies of which his vicar-general is guilty extra officium suum that is, as a private person. 76 2. Excesses ot
mistakes committed by the vicar-general in his official capa
are the excesses

in the exercise of his

authority

are to be im
he appoints or retains in office a vicargeneral whose bad character or ignorance is or should be
known to him nay, a bishop, in this case, is even bound to
city

i.e.,

puted to the bishop

if

make

restitution for injuries caused by unjust and uncanoni76

cal acts of his vicar-general.
For he is bound to appoint

a virtuous as well as a learned and experienced vicar-gene

ral.
III. By whom is the vicar-general punishable for his

His offences relate either to his private or official

conduct.
I. If he commits crimes as a
private person, he is
like
his
not
others,
punishable,
by
bishop,
by the metropoli
77
save
2.
if
on
But
he
is
tan,
appeal.
delinquent in the dis
offences

charge of his duties as vicar-general (in officio ct jurisdictione]

he is to be punished, according to some, by the metropoli
78
tan, not by his bishop
according to others, by the bishop,
unless the latter is an accomplice of the vicar-general.
;

74

7e

Craiss., n. 1183.

Bouix,

1.

Bouix,

1. c.,

c.,

pp. 445, 448.

p. 453.

"

Leuren.,

Leuren.,

1.

1.

c.,

qu. 301.

c.,

qu. 300, n.

j, a, j,

Exercise of Episcopal Jurisdiction.

ART.

Of

415

II.

Archdeacons and Arch-Priests.

As both these dignities have substantially ceased

we shall but briefly refer to them. I. Archdeacons.

631.

to exist,

Archdeacons (archidiaconi)
Their office in former times.
1.
were formerly those who assisted the bishop in the exercise
of his external jurisdiction and in the administration of the
Their power was similar to that of vicars-general
diocese.
Their
at the present day, by whom they were superseded.
was
was
yet
ordinary, and, though inferior, to,
jurisdiction
80
They
independent of and distinct from, that of the bishop.
were not removable ad nutum episcopi. Down to the thir
79

teenth century their authority steadily increased.

Not

un-

frequently, however, they abused their power, which was, in

consequence, greatly diminished by the Council of Trent.
81

2.

Rights of Archdeacons at present.

Their

office is

almost

entirely abolished, being reduced to assisting the bishop at

ordinations and presenting the ordinandi.
Hence, where
archdeacons still exist, they retain merely the name, not the

power formerly attached

now

take their place.

to

II.

their office.

Arch-Priests.

I.

Vicars-general
Their office or

former times. The arch-priest (archi-presbyter) oc

It was his duty to
the
chief place among priests.
cupied
assist the bishop in those things which related to the sacra

power

in

ministeria

forum

(i.e.,

the administration of the sacraments) and the

The chief difference, therefore, between

internum.

The former had

arch-priests and archdeacons was this
jurisdiction in foro inter no only the latter in foro externo.
There were two kinds of arch-priests namely, the archi:

presbyteri urbani

that

is,

those

who

lived in the episcopal

"

Soglia
1

Sess.

i.,

XXK.,

pp. 22, 23.

c. v., xii..

xx., d

"Phillips,

Lehrb.,

p. 329.

4i 6

Of

the Bishop s Assistants in the

city or at the cathedral

and the archi-presbyteri ruralcs

namely, those who were appointed for country districts."

2. Rights of Arch-Priests at present.
Their powers met with

same

the

fate as those of

archdeacons.

Hence, the rights

formerly possessed by arch-priests are now almost every
where extinct. The archi-presbyteri urbani have been super
seded by the auxiliary bishops of the present day the arcJiipresbyteri rurales by the present vicarii foranei or rural
deans/
;

ART.

III.

Rural Deans.
632.

By

mean those

rural deans (decani rtirales, vicarii foranei} we

pastors who are permanently deputed by the

bishop to expedite matters of minor importance in certain

84
districts of the diocese.
We say, permanent!) ; thus, we
distinguish them from those delegati who are delegated
either for a particular case only, or but temporarily for a
Rural deans are also named vicarii
certain kind of matters.

foranei because they are appointed for districts situate extra

85
fores I.e., outside the city in which the bishop resides.
They may be chosen by the pastors of their district or decania;

is, of course, subject to the approval of

Their chief duties, especially in the United
To take care of sick and attend to the burial of

this election

the bishop.
States, are

deceased priests

in their district

conferences, settle

to preside in theological
in general, to inform

minor disputes, and,

the bishop once a year, or oftener, of

tical affairs relating to their district.

lib.

i.,

tit. iii.,

n. 75.

jurisdiction of

Soglia,

1. c.

p. 23.

es

84

Phillips,
**

The
"

Devoti,

important ecclesias

all
87

1.

c., p.

Leuren.,

340.

Except where custom has reserved

this right to the

"

p. 341).

1. c..

qu.

n,

is.

bishop (Phillips, I.e..

Cone. PI. Bait. II., n. 74.

Exercise of Episcopal Jurisdiction.

rural deans

417

though it can scarcely be said

It
that, at present, they have any real jurisdiction at all.
is allowed to appeal from them to the
sede
bishop, or,
is

delegated

88
vacante, to the capitular vicar or administrator.

Finally,

they are removable ad nutum either by the bishop or vicarcapitular.

See also the Third Plenary Council of Baltimore (n.
27) in
to
the
and
duties
of
Rural
deans in the
regard
appointment

United States.
88

Ferraris, V. Vicar. Gen., art. iv., n. 19, 20.

CHAPTER

VIII.

ADMINISTRATION OF VACANT DIOCESES" DE ADMINISTRATIONE DIOECESIS, SEDE VACANTE."

We

of the

government of a diocese,
the jus commune, and as existing
in countries where dioceses are fully organized, and where,
633.

shall treat,

sede vacante, as laid

i,

down by

2. Next we shall discuss

consequently, there are chapters.
the manner in which vacant dioceses are governed in the

United States.

ART.

I.

Administration of Vacant Dioceses in Countries where the

Commune
I.

Upon

whom

"

Jus

"

obtains.

the Government of a Diocese,

"

sede

vacante"

devolves.

634. In

In three

how many ways may an

Proprie, quasi,

episcopal see
1

and

interpretative.

I.

fall

vacant
see

falls

vacant, in the proper or strict sense of the term (sedes vacat

proprie, sede proprie vacante], \, when the bishop dies; 2, or
is

transferred to another see

3,

when he

resigns

4,

or

is

II. A see bo
5, or has become notoric haereticus.
comes quasi-vacant (sedcs quasi vacat, sede impeditd] when, by
reason of some hindrance, its bishop is prevented from ad

deposed

diocese is said to be quasi-vacant, i, if

ministering it.
the bishop is made captive, or, rather, reduced to slavery b^
1

Craiss., n. 1216

418

Administration of Vacant Dioceses.

419

Two exceptions, however, are to

pagans and schismatics.
be admitted (a) if the bishop, notwithstanding his permar
nent captivity or slavery, is able to communicate by letter
if he has left a vicar-general in the dio
with his chapter
2

We

(<)

pagans and schismatics ; for if a bishop is

or
banished
imprisoned
by the civil government to which he
3
is subject, his see does not become even quasi-vacant, but is
cese.

to be

said, by

governed during

absence by the vicar-general. In

whose bishop is exiled or im

his

lact, to declare a see vacant

prisoned for defending the rights of the Church would be,

as Pope Gregory XVI. wrote to the chapter of Cologne, to

connive at the unjust measures of the civil power. 2. A see,

moreover, becomes quasi-vacant if the bishop is far from his
diocese (in remotis), and his vicar-general meanwhile dies or
leaves the diocese,
in

is ejected by the civil government, or is

some other way prevented from acting as vicar-general
;

however, the bishop has provided for these contingencies,

4
the see does not fall vacant.
III. A see falls vacant inter
if,

when

pretative

pended, or
3

V.g.,

in/tabilis.

Turks and Saracens

Capitulum,
3

Thus

sees
3,

(Craiss., n. 1217)

the

Holy

also heretics. Cfr. Ferraris,

See, in 1838, decided, in th* case of Droste

in 1837

who had been imprisoned by

de Vischering
Govern

the Prussian

as also in the case of the Neapolitan bishops driven from their

by the Sardinian Government.

1862, de Nullitate Electionis

Lehrb., p. 322).

See Decretum

S. C. Episc. et Regul.,

May

Vicarii Capit. Vivente Episcopo (ap. Phillips,

This decree was sent to

action for the future in all similar cases.

De

art. iii., n. 32.

Archbishop of Cologne,

ment

bishop becomes excommunicated, sus

its

//the chapters, to serve as a rule of

The schema

of the Vatican Council,

Sed. Ep. Vac., proposes to confirm this decree in these words

Sede vero

per episcopi captivitatem vel relegationem aut exilium impedita, illius regimen
penes episcopi virarium (generaZem), vel quemlibet alium virmn eccltsiastitum ab

donee aliter ab hac Sede Apostolica provideatirr.

autem deficientibus vel impeditis, capitulares vicarium constituent, totiusque
eventum quamprimum ad ejusdem S. Sed is notitiam deferent, reccpturi

episcopo delegatum remaneaf,

lis
rei

humiliter, et efficaciter impleturi

Docum. p

quod per ipsam

contigerit ordinari (Martin,

4

134).

Leuren.,

1.

c.,

qu. 447

n.

3.

Administration of Vacant Dioceses.

420

To whom belongs, de jure communi, the adminis

1. If a diocese is vacant
a
tration of
diocese, sede vacant e ?
in the strict sense of the term (sede proprie vacant e\ it is cer
635.

I.

tain that its administration, for the

whole time of the va

cancy, belongs de jure communi, not merely by privilege or

2. If it falls quasidelegation, to the cathedral chapter.
(sede quasi vacant e\ it is controverted whether or not
devolves upon the chapter. According to
administration
its
6
some, it does in all cases of quasi-vacancy.
According to

vacant

must be made, as follows If a diocese

becomes quasi-vacant by reason of its bishop being made a
captive or slave by pagans or schismatics, the administration
belongs to the chapter, though only provisionally that is,
until the Holy See, having been duly informed by the chap
ter, either confirms the vicarius appointed by the chapter or
In all other cases of quasinames a vicarius apostolicus.

others, a distinction

contends, the duty of the chapter con

sists merely in reporting without delay the state of affairs to
the Holy See, by whom extraordinary provisions, if neces

vacancy, Phillips

sary, are to be

made.

3.

It is

certain that

administration

if

a see falls

does not devolve

vacant interpretative,
upon the chapter, but recourse must be had to the Holy
II. Can the chapter itself
See.
i.e., in a body or collec
its

tively

sent

administer a diocese during its vacancy? At pre

it cannot, but is bound, v/ithin eight days after it is

informed of the vacancy, to elect a vicar (vicarius

vicarius capituli),

Should

the chapter.
6
8

Bouix,

De

Leuren.,

who

it

De

Sed. Ep.
L.

c.,

of

Capit., p. 482.

1.

c.,

qu. 447.

Vac.,"

161

Formerly

name

neglect doing so, this duty will de-

This opinion seems untenable

it

cfr.

c. ii.,

at present,

C. Episc., issued in 1862

of the Vatican Council).

evident from the above decree of the

"

capitularis,

administers the diocese in the

Ferraris,

i.

S.

c., n. tf.

could do so (Leuren.,

1.

c.,

qu. 467).

(cfr.

as

is

schema

Administration of Vacant Dioceses.

421

volve on the metropolitan. 9 The administration, therefore,

ot a vacant diocese belongs no longer, as
formerly except
for the first eight days of the vacancy
to the entire chapter,

committed to one person, the vicarius

but

is

We

say, except for the first eight days ; for,

the

administration

to be

during

capituli.

this time,

belongs to the whole chapter in

solidum i.e., collectively but not to the prima digmtas."
Besides choosing a vicar-capitular for the exercise of the
still

jurisdictio ordinaria episcopalis

i.e.,

for the administration

11

the chapter is bound to appoint one or more pro

curators (peconomus), whose duty it is to take care of the
property and revenues of the vacant diocese. In the United

proper

States no such procurators or administrators of the tempo

ralities of vacant dioceses are appointed.
Vacant sees are
usually governed, with us, both in teinporalibus and spiritnaliIII. Can the chap
biis, by one and the same administrator.
?
At the present day but
one capitular vicar can be chosen. 12 Nevertheless, the cus
tom, if legitimately prescribed, of electing two or more, may
be tolerated. Only a competent person (idoneus) should be
appointed vicar-capitular he should, if possible, be a doctor
18
in canon law, not merely in theology.
He cannot be ap

ter appoint several vicars-capitular

pointed by the chapter, only for a limited time v.g., for

three months for, once appointed, he remains in office so
14
Nor is he removable by the
long as the vacancy lasts.
;

He should, if practicable, be selected from among

chapter.
the canons of the cathedral chapter. Moreover, he should
be elected by the chapter when capitularly assembled
secret suffrage is not essential, though advisable.
majori

"

ty vote is requisite to elect the vicar a mere plurality of

votes is insufficient.
He could, however, be validly elected
;

Cone. Trid.,

sess. xxiv.,

11

xvi., d.

R.

10

Ferraris,
ia

Phillips,
"

c.

1.

c.,

p. 317.

Craiss., n. 1232.

15

Ferraris,

1.

c., n. 39.

"

1.

c.,

n. 30.

c.,

qu. 547, n.

Leuren.,

1.

Bouix,

c., p.

1.

510.

3.

Administration of Vacant Diocese*.

422

by several canons nay, even by one in case the

had died or become disqualified to vote.

rest,

-v.g.,

Of

2.

the

Powers Vested
"

636.
eral.

i.

I.

Sede

Chapter or Vicar-Capitular,

Vacante"

Rights of CJiapters and Vicars-Capitular in gen

entire government of the diocese, and the

The

vj\\Q>\QJurisdictio

and

in the

ordinar ia of the bishop, both in temporalibus

in spiritualibus, pass to the chapter, sede vacante,

and may

be exercised by it, save in regard to matters excepted by the

17
Jus commune or specially withheld by the Roman Pontiff.

Now,

i\\\sjurisdictio ordinaria episcopalis, as exercised

by the

chapter for the first eight days of the vacancy, passes en

18
to the vicar-capitular as soon as he is properly
tirely
chosen.

We say,

entirely ; for it becomes, at least as far as

concerned, vested solely and exclusively in the
19
vicar-capitular, not jointly in him and the chapter. Hence,

exercise

its

it

is

we

not necessary that

is

should, as

some canonists

do,

treat separately of the rights of the chapter and those of the

vicar-capitular for whatever is said of the one is equally
;

applicable to the other. 2. Again, jurisdiction is divided, I,

into contentious and voluntary; 2, into jurisdiction ex jure

communi and ex jure

ex consuetudine ;

4,

speciali ; 3, into jurisdiction

into ordinary and delegated

ex jure and
into juris

5,

diction respecting matters that do or do not require the

ordo cpiscopalis
Now, the chapter or vicar-capitular, speak

ing in general, succeeds,

i,

to the entire contentious,

probably also voluntary, jurisdiction

18
18

Vac.,

Bouix,
c.

i.,"

p. 550.

2,

The schema

also expresses this

jurisdictianis partem capitulum

"

and

to all those rights

"

Craiss., n. 1248.
1. c.,

Leuren.,

of the Vatican Council,

"

1.

c.,

De

qu. 457.

Sed. Ep.

In vicario autem constituendo nullam

retinere

quomodocunque

possil"

(Martin,

1.

sibi
c.,

P- I3-P19

He

becomes, therefore, so to

say, the

bishop of the diocese for the time

20

being (Phillips,

1.

c., p. 318).

Bouix,

1. c.,

p. 556

Administration of Vacant Dioceses.

which

are, either

423

by privilege or custom, permanently

at

tached, not to the person of the bishop, but to the see 3, to

the jurisdictio delegata of the bishop, in those cases where the
bishop is authorized by the Council of Trent to act ctiam
;

"

tanquam Sedis Apostolicae

delegatus,"

but not where he

4, finally, neither chapters nor

can
perform acts of the ordo cpiscopalis i.e.,
vicars-capitular
functions for which the ordo episcopalis is required although
they may authorize or invite othei bishops to do so in the

acts simply tanquam, etc.

vacant diocese.
637.
tici4lar.

II.
I.

Rights of Chapters and Vicars-Capitular in parVicars-capitular can, i, enact statutes for the

and enforce them by penalties

2, inflict all
!a
the censures which the deceased bishop could inflict
hence, they can excommunicate, suspend ab officio and a
beneficio ; 3, absolve from all censures from which the bishop
himself could absolve
hence, they can absolve from txcomwhether
munications,
imposed a jure (provided they are not
2>

entire diocese

"

reserved to the Holy See)

.., for striking an ecclesiastic
the
deceased
v.g., by
bishop or his vicar-gen
eral 4, as a matter of course, they can absolve from censures
or ab homine
;

by themselves or by chapters 5, they can absolve in

from all occult cases reserved simpliciter to
the Holy See nay, from all censures whatever in the case
M
of those who cannot recur to the Holy See for absolution
can also absolve from all cases reserved to the
6, the)
25
I.I. What
bishop /, and give faculties to hear confessions.
inflicted

foro conscientiae

are the chief things the chapter or vicar-capitular cannot do,

It is a general rule that, sede vacante, no inno
sede vacant e ?
vations should be

made which would

any way be pre

in

28

In fact, the
judicial to the rights of the future bishop.
very nature of an interregnum demands that those who

51

14

Leuren.,

OT
l.

c.,

qu. 470.

Ib., qu. 476, 477.

"

Ib., qu. 475.

Ib., qu. 483.

Ib

qu. 476.

Phillips.

c., p.

319.

Administration of Vacant Dioceses.

424

govern during the vacancy should make no innovations

whatever, but merely expedite such matters as do not admit
of delay.
Hence, vicars-capitular, i, cannot appoint to va
27

though they can hold the concursus, select the

persona dignior and present him to the Pope, to whom alone
28
the appointment belongs during the vacancy of the see
2,
nor can they, during the first year of the vacancy, give litteras dimissorias ad ordines (i.e., letters dimissory enabling ec
clesiastics to receive orders from bishops of other dioceses),
cant parishes,

who

except to ecclesiastics
(clericis arctatis}.

When

letters

may

dimissory

29

are obliged
to receive orders
the see has been vacant one year,

be given to all ecclesiastics. 30

They may, however, according

the

to

3.

more common

y
give exeats (litter e pycnrporationis] at any time
during the vacancy, provided there be a causa gravis?

opinion,

27

"

The

Cum

schema,

above quoted

experientia doceat,

(c.

quosdam

ii.),

vicarii

Vatican

of the

Council proposed

munus adeptos

ambitiosa

sollici-

tudine multa properanter disponere, futuri episcopi consilia ac regimen praeoccupantes, quandoque etiamhujus Ap. Sedis jura invadentes, nos, sacro ap-

probante concilio, vicarii cap. facultates, intra sacrorum canonum limites

omnino contineri jubemus. Quapropter invectam quibusdam in locis con-

suetudinem ut

liberae collationis beneficia

esst declaranius.

habeant, vicarii
acta ad

provisum
29

erit,

si

beneficia

hanc Apost. Sedem transmittere, ad quam

nisi aliter

net,

a vicario conferantur, tolerandam hand

hujusmodi animarum curam adnexam

deputato statim oeconomo, concursum indicere, et illiua

Quod

collatio seu provisio perti-

ab eadem pro locorum, temporum, ac personarum adjunctis

fuerit"

(Martin,

1.

28

c.)

Namely, on account of a benefice or parish

to

Leuren.,

1.

c.,

qu. 529, 530.

which they have been or are

be appointed (Soglia, 1. c., p. 38).

80
The above schema of the Vatican Council proposed that this should be
done only with the consent of the chapter. It says: "In dimissoriis ad or
to

dines a vicario post

secreta suffragia

nunqnam
81

concedantur"

Craiss., n. 1270.

revoke this
vel

tem

annum

vacationis concedendis capituli semper consensus pet

requiratur et accedat ; Us vero qui a proptio episcopo

right.

It

(Martin,

1.

fuennt

The above schema of the Vatican Council proposed to

Alienum clericum clero dioecesis adscribere.
says:
"

proprium ex eo dimittere vicarius nequeat,

obtinuerit"

rejccti

c.)

(Martin,

1.

c.)

nisi

ab hac Sede Apost. faculta

Administration of Vacant Dioceses.

425

Vicars-capitular are entitled to a competent salary for their

services as vicars-capitular, even though they have an in

come from other sources v.g., from canonships.

salary may be made up, v.g., from chancery fees (ex
and, in general, from

This
sigillo]

revenues, no matter of what kind,

which would belong to the bishop if the see were not
If not paid by the chapter, it must be paid by the
vacant."
all

bishop-elect out of the episcopal income which accrued

during the vacancy. At the present day the jurisdiction of
vicars-capitular lapses as soon as the bishop-elect has ex

hibited the bulls of his appointmen

ART.

"

II.

Administration of Vacant Dioceses in the United States.

^H"

I.

638.

Appointment of Administrators

The Third Plenary

changed the mode of

States.

has

in the

United

Council of Baltimore, though it

electing our bishops, has not

modified the manner of appointing the administrator, as

down by the Second Plenary Council of Baltimore.

laid

the following is the mode of appointing adminis

i.
If the vacancy is caused by the death of the
trators

Hence

bishop, the administrator

19

Leuren.,

1.

c.,

may

be appointed by the bishop

qu. 613, 614, 615.

13

In regard to the exhibition of the Papal letters of his appointment by the

Suspensionem ipso
bishop-elect, Pope Pius IX. (C. Ap. Sedis, 1869) enacted
"

facto incurrunt a

suorum beneficiorum perceptione, ad beneplacitum

S. Sedis,

capitula et conventus ecclesiarum et monasteriorum, aliique omnes qui ad

illarum seu illorum regimen et administrationem recipiunt episcopos aliosve
praelatos de praedictis ecclesiis seu monasteriis
vis

modo

tione."

apud eandem

S.

Sedem quo-

provisos, anteqnam ipsi exhilnierint litteias apostolicas de sua promo-

Pope Pius IX.

forbidding those

who

also renewed (C.

Rom. Pontifex, 1873) the/wj commune

are nominated or presented for bishoprics to administer

such dioceses, even as vicars-capitular or administrators, before they have ex

of their appointment. The schema D. Ep. S. Vac. of ihe Vatican

hibited the bulls

Council proposed

to

confirm the same, adding that,

if

the one

who was

be nominated or presented, he
should, eo ipso, on being informed of this, cease to administer the diocese
for which he was nominated (Phillips, Comp.,
160, note 12, ed. Vering

vicar-capitular

Ratisb., 1875;.

at

the time

happened

to

Administration of Vacant Dioceses.

426

himself before his death/

the

Should

this

have been omitted,

metropolitan," or, in case of his

not doii.g so, the senior

30
The senior
suffragan, will designate the administrator.
also
the
administrator
a
of
vacant
metro
suffragan
appoints
politan see, if no priest was appointed by the archbishop be
fore his demise.
If a see becomes vacant in
2.
any other

manner than by the death of

its

then

etc.

bishop

v.g.,

by

his resigna

the

metropolitan, or, in his

the metropolitan see itself falls thus
vacant, the senior suffragan, will designate a competent ec
tion,

translation,

default, as also

when

govern the diocese ad interim. 3. In all these,

cases the appointment is merely provisional, the Holy See
having reserved the right of either confirming or altering it.
clesiastic to

34

Cone.

36

The

35

PI. Bait. IT., n. 96.

third chapter of the

Ib., n. 97.

above schema of the Vatican Council proposes

to

renew, in regard to the administration of dioceses falling vacant by the death

of the bishop in countries situate far from Europe, the regulations of Benedict

Quam ex Sublimi, August 8, 1755. The schema says: Attendentes imprimis in remotisejusmodi regionibus aliquos archiepiscopos et episcopos locorum ordinaries ct residentialcs capitulum canonicorum habere,
XIV., Const.

alios vero eo esse destitutes,

mandamus

eveniente cujuslibet antistitis

ut,

obitu, statim procedatur ad electionem vicarii capitularis juxta

morem, usum.
consuetudinem hactenus legitime servatam nimirum, i, ubi capitulum existit, vel a canonicis duntaxat, si ita in more jam sit positum, vel a canonicis
una cum aliis ecclesiasticis viris, quos in casibus hujusmodi semper intervenisse et suffragium suum in ea clectione tulisse constat. 2. Ubi autem
capitulum canonicorum non habetur, ibi parochi, sive soli, sive cum aliis ecet

ciesiasticis viris juxta

niodum

itidem,

usum

servatam, ad vicarii capitularis electionem

omnibus autem
tiones.

3.

In

residentiales

servari

iis

mandamus

et

consuetudinem de praeterito

habendam accedant

In ceteris

Trid. C. de vicarii cap. electione constitu-

vero locis in quibus antistites ordinarii eorundem locorum

neque capitulum canonicorum, neque parochos

dioecesibus habent, sed duntaxat sacerdotes aliquot

in suis civitatibus

missionarios per
decedente, una simul convenire
baud valeant, vicarius generalis jam a defuncto antistite constitutus, licet doctoris gradu in jure canonico auctus non sit, ipso facto jntelligatur et habeatur
et

terras et

oppida disperses,

et

ita ut, antistite

vicarius capilularis cum omnibus facultatibus de jure ad ejusmodi

spectantibus, illudque exerceat quousque novus antistes ab Ap. hac

tanquam

munus

Sede des snatus

illuc advenerit, ac susceperit, vel aiiter

ab eadem fuerit ordi-

Administration of Vacant Dioceses.

427

Powers of Administrators in the United States.

The
I.
our bishops contained in the form. /., except
ing those which require the ordo episcopalis or the use of the
37
can be conferred upon administrators by the
holy oils,
II.

facilitates of

bishop, or, as the case may be, by the archbishop or senior

2. As to the other facilitates, the Second
suffragan.
Plenary

Council of Baltimore

38

requested the Holy See,

"

ut episco-

pus, aut, prout casus feret, metropolita vel senior episcopus

possit presbytero sedis vacantis administratori tribuere eas,

omnes

facilitates tarn ordinarias

quam

extra-ordinarias, quibus

gaudent episcopi ex Sanctae Sedis concessioner No answer was

returned by Rome. The same request was afterward re

newed by the Tenth Provincial Council of Baltimore (an.

1869), and was provisionally granted by the Holy See in
Sanctitas sua, licet ea super re nil pro nunc
these words
decern^ndum expresserit, voluit tamen, ut si quam interim
"

natum.
pal!

4.

Omnibus autem

praeditis,

sive

vicariis apostolicis, sive titulo et dignitate episco

sacerdotali

tantum

charactere

insignitis,

sed

neque

coadjmorem cum futura successione neque vicarium generalem habentibus

praeciplmus, ut unusquisque eorum teneatur deputare vicarium ex clero sive
Is vero post vicarii
saeculari sive regular!, habilem tamen atque idoneum.

tamquam hujus S. Sedis delegatus assumet regimen vicariaejusmodi munere permanebit, donee novus Ap. vicarius ab eadem S.

apostolici obitiim
tus, et in

Sede designatus ipsius vicariatus possessionem et regamen adierit, vel usque

quamcunque aliam ab ipsa ineundam ordinationem idemque pariter alte-

ad

rum statim deputabit ecclesiasticum virum, qui ei, si forte interim obierit, in
munere succedere debeat.
Volumus autem pro-vicarios hujusmodi, non
aolum iis omnibus et singulis uti posse facultatibus, quae cujusvis ecclesiae
cathedralis vicario capitulari de jure competere dignoscuntur, verum etiam
iisdem frui facultatibus, quibus defunctus vicarius apostolicus pollebat, iis
Juntaxat exceptis, quae requirunt characterem episcopalem, vel non sin*

sacrorum oleorum usu exercentur

quandocunque necessitas
ponabilia.
cfr.

cum

sacris oleis ab

eidem tamen potestatem facimus

Episcopo benedictis (Martin,

Ferraris, V. Vicar. Cap., art. ii

15
Fac., form, i., n. 28 C. PI. B.
;

ut

urgeat, possit consecr.ire calices, patenas, et altaria

1.

c.

pp. 135, 136

n. 101).
"

II., n.

97.

N.

98.

Administration of Vacant Dioceses.

4-8

ex tuae provinciae 39 dioecesibus vacare contigerit, adminis

trator, sede vacante, donetur facultatibus extraordinariis
contentis sub formulis C. D. E
terem episcopalem requirunt." 48
Q.
in

How are

exceptis

iis,

quae charac-

administrators or vicars-capitular appointed

other missionary countries?

A. We premise: All vicars-apostolic

of

missionary

countries, whether they be simple priests or bishops, but

without coadjutors cum successione, must appoint vicarsWe now answer:
general.
1.

The general

rule

is

that

upon the death of the

vicar-

apostolic (whether he be a bishop or merely a priest) his

vicar-general becomes ipso facto, by Pontifical authority,
vicar-capitular, and retains this office until a new vicarapostolic has been appointed by the
possession of the vicariate.

Holy See and taken

missionary countries where there are ordinary

bishops, vicars-capitular, where such has been the custom,
should be elected immediately upon the death of the bishop
2.

In

by chapters, if any, or by the parish priests. And where

there are no chapters, and the parish priests are too few
or too much scattered to meet for an election, the vicargeneral of the deceased bishop becomes ipso facto the vicar41

capitular.

In Ireland and England vicars-capitular are elected

by
chapters within eight days after the see becomes vacant.
39

Hence, this concession was given for the province of Baltimore only, not
whole United States. As the province of Baltimore, at the time this

for the

concession was granted, namely, in 1869, comprised the present province of

Philadelphia, it follows that this rescript extends to all the dioceses now com
prising the province of Philadelphia, which

and separate province

40
41

in 1875.

(Cf.

Konings,

was erected

into

an archdiocese

fac. n. 115.)

Ap. Coll. Lac., torn, iii., p. 599: cfr. ib., pp 577, 584, 585, 596, 599.
Bened. XIV., C. Quam ex Sublimi, Aug. 8, 1755; Coll. Lac., iii., p. 1114.

CHAPTER
OF PARISH PRIESTS

THEIR RIGHTS AND DUTIES.

ART.

Nature of the

Office

IX.

I.

of Parish Priests as at present understood

Mode of Appointment,
I

639.

who,

Errors respecting the institution of Parish Priests.

Gerson, chancellor of the Sorbonne, was the first

beginning of the fifteenth century, maintained

in the

that parish priests

erroneous;

is

etc.

for,

were
i,

instituted

in

the

first

by Christ

himself.

This

three centuries of the

Church there were no parishes or parish priests in any part

There was, in fact, but one church in the
of the world.
of
the diocese i.e., in the city where the
principal city
bishop resided. To this church all the faithful, not merely
of the city itself, but also of the neighboring villages, went
2
on Sundays to assist at Mass and receive the sacraments.

To

the absent holy

the faithful

When

communion was brought by the deacons.

became more numerous, other churches

were indeed built, even in the episcopal city but services

were performed there by priests from the cathedral, not by
parish priests i.e., not by priests permanently appointed (per
modiun stabilis officii ] to exercise the cura animarum over de
terminate congregations.
Hence, there was but one parish
;

in

each diocese

namely, the cathedral.

to say, the parish priest of,

1

Bouix,

De

Bouix,

1. c.,

Paroch., p. 82.

The bishop was, so

and exercised the cura through-

Paris, 1867.

pp. 13, 22.

429

Devoti,

1. i., tit.

id., n. 87, 88.

The Rights and Duties

43O

whole diocese, either personally or, when impeded,

through ITS priests." 2. It was only after the third century
that parishes came to be established, and that, at first, in
rural districts only/ and, later on (i.e., after the year 1000),

out, the

3. Hence, parish priests are merely of eccle

Nor is the contrary
not
of
siastical,
divine, institution.
provable from Sacred Scripture. For the word presbytcri,
as mentioned in the texts quoted by our opponents, does

also in cities.

not necessarily refer to parish priests, since, in the

first

ages,

bishops were also called presbyteri?

Correct View of the Nature of the Office of Parish Priests
Irremovability Status of Pastors in the United States.

2.

on

640.

We

this

head

here show,

shall
;

what

2,

is

i,

what are the

chief errors

essentially required to constitute a

Chief
parish priest in the canonical sense of the term.
roneous Systems respecting the Rights of Parish Priests.

Er
I.

Presbyterianism proper, so called because it makes priests

presbyters) the equals of bishops, and asserts that bishops

have, jure divino, no powers that are not equally possessed

This heretical system, broached by Aerius in

the fourth century, was renewed by Wiclef, Huss, Luther,
II. Again, there are those who do not
at
Calvin, etc.

by

priests.

deny that bishops

least

openly
priests, but

who

attribute

to

are, jure divino, superior to

many undue

parish priests

parochial rights.
They are styled parochistae, and their
system parochismus* Now, the principal errors of the pa
rochistae are

summed up

thus

Those of Richer, whose tenets may be

The Holy See can exercise no act of

jurisdiction in the dioceses of bishops without the consent

4

Ferraris, V. Parochia., n.

That

is,

in villages

thurch in the episcopal

"

7.

whose inhabitants could not conveniently go

*

city.

Not improperly also Presbyterianism us .Bouix,

Salz.,

t.

ii.,

p. 188.

Supra, n. 243.
1.

c.,

to tha

Craiss., n. 1205.

80).

of Parish

Priests.

of the bishops themselves bishops, in turn, cannot interfere

in the management of parishes, except by consent of the
;

parish priests.

That these assertions are utterly

false

is

provable from their logical consequences. For if it were

true that bishops and Popes have but jurisdictio mediata, not
immediata, over the faithful, it would follow that, except in
case of necessity, no bishop nay, not even the Pope himself
could anywhere, either personally or through others, per
form any sacred function, such as preaching, hearing confes
which is mani
sions, without the consent of parish priests

erroneous and absurd.

festly

others,

who

10

2.

Those of Gerson and

maintain that parish priests have, by virtue of

power to excommunicate, and, in general, juris

diction in foro externo ; that they are judices fidei, and have
shall not attempt here to
a definitive vote in councils.

their office,

We

confute these errors in detail.

Suffice

it

to say

that parish

priests do not at present, and probably never did, possess

cannot excommunicate
foro externo;
any jurisdiction
by virtue of their office, and have no decisive voice in

councils.

641

What is meant by a Parish

the term.

Definition.

Priest in the canonical sense of

parish priest (parochus, rector, cura-

and irremovably (n. 259) appointed to

tus) is a person lawfully
exercise, in his own name and exobligatione, the cura animarum
that is, to preach the word of God and administer the
sacraments to a determinate number of the
cese,

who

in turn are, in a

sacraments from him.

13

As

faithful of a dio

measure, bound to receive the

this definition includes all the

conditions essentially requisite to constitute a parish priest,

in the canonical sense of the term, we shall briefly explain
10

111

Cfr. Bouix, 1. c., pp. 120, 132, 142.

Hence, they are not even praelati minores, nor dignitates ; nor can they be
"

Craiss., n. 1292.

called pastors (pastores) in the strict sense; though, at present, they are not unsecond order, and in a broad sense
frequently called pastors namely, of the
"

(Craiss., n. 1305

Bouix,

1.

c., p.

175.

The Rights and Duties

4.32

We

say, the cura anunarum ; now, this cut a

consists chiefly in the preaching of the word of God and the

terms:

its

I.

administration of the sacraments.

14

As

the administration

of the sacraments necessarily includes the power to impart

sacramental absolution, it is evident that one who is ap

pointed parish priest has, eo ipso, jurisdiction in foro poenitentialt, and may, if he is a priest, hear confessions without any fur

We say, in

Jiis ozvn name (nomine

propric,
virtue
of
his
and
not
office,
by
merely
as the vicar or in the name of another v.g., the bishop. 14
Hence, assistant priests, though they exercise the cura, are

ther approbation.
jure proprio) that

2.

is,

not on that account parish priests

for they exercise the
rura merely for, or in the stead of, others namely, pastors.
Parish priests, therefore, are vested wi\h jurisdictio ordinaria,
;

not merely delcgata ; once appointed, they, like vicars-gen

eral, have, in a measure, jurisdiction a lege ccclesiastica.
3.

We

say, and ex obligatione ; that is, the parish

obliged to administer the sacraments to the faithful

priest

under

is

his

4. We say, to a determinate number etc.; hence, par

in all cases have accurately-defined limits. There
must
ishes
fore, where there are distinct parishes and parish priests
16

charge.

proper (parochi
the bishop,

17

titulum

in

i.e.,

in

beneficium perpetuum},

though having pre-eminently the cura animarum

throughout the diocese, is not, strictly speaking, the parish

18
priestofthe whole diocese. In places, however, where there
are no separate parishes and no parish priests, in the canoni
term as was formerly the case nearly all over
and
those
Spain,
places referred to by theC. of Trent (sess.
c.
d.
xxiv.,
xiii.,
R.) the whole diocese is considered but one
cal sense of the

parish, of
14

16

17

Bouix,

which the bishop

1. c.,

p. 171

Leuren., For. Ben.,

He

is,

cfr.

p.

is

Ferraris,

i.,

qu

the rector or universal parish

1.

c., n. 18.

146.

however, the parish priest proper of his cathedral

lt

Ib.,
(ib.,

qa. 1461

qu. 143).

Even in this case cpiscopus jus habet, ut se ingerere possit in cura cujuslibct
parochiae, et in ea pro libitu se occupaie (Ib.)

Of

We

19

priest.

5.

ParisJi Priests.

433

say, wJio in turn are, in a measure, bound, etc.;

hence, a pastor whose parishioners are altogether free to

receive the sacraments outside of their own parish is not,
20
canonically speaking, a parish priest.

Trent

For the Council

of

De

Ref.) "enjoins on bishops that,

the
into
fixed and proper parishes,
divided
people
having
to
each
shall
assign
parish its own perpetual (i.e.,
they
(sess. xxiv.,

c. xiii.,

irremovable) parish priest,

and from whom

alone they

who may know

may

licit ly receive

his parishioners,

the

sacraments"

Parishes, as a rule, are distinguished from each other, and

the number of people belonging to each parish is usually

determined

territorial circumscription or boundaries."

rule ; for it is not repugnant to canon law that

by

We

say, as a
a parish, in the canonical sense of the word, should consist
of certain families, even though living in the districts of
23

other parishes.
In the United States German congrega
tions are usually established in this manner
that is, thev

made up

are

German

of the

Catholics of a place, no matter

whether they live in the confines of English-speaking con

gregations.

How many

I.

642.-

kinds of

"

cura animarum

"

are there

These: I. The cura plena and partialis. The cura plena ii

that which includes jurisdiction in foro externo and the potestas judicialis ; the

world

tialis is

forum

Sovereign Pontiff exercises

bishops in their respective dioceses.

that

which

The

cura par

restricted to matters pertaining to the

is

internum."^

over th*

it all

2.

The

cura Jiabitualis and actualis.

when he neither
person
does nor can, de facto, exercise it, though he can and should
see that it is exercised by another person.
On the other
a
de
has
the
to
hand,
exercise the
person who,
facto,
right
is

cura
"

M
*

is

said to have the

Bouix,
(b.,

said to have the cura Jiabitualis

1.

c., p.

qu. 160

Bouix,

1. c.,

Bouix,
p.

20

173.

178.

1.

c.,

cura actualis.
Leuren.,

p. 269.

1.

c.,

Thus, a cathedral

qu. 146.
Ferraris,

1.

c.

n. 17

The RigJits and Duties

434

chapter to which the

c ura is

attached has the

euro, habitualis

while the vicar appointed by it to

parochus
only
exercise the cura has the euro, actualis, and is, properly
Jiabitu

is

speaking, the parochus.

What

II.

is

"cura"

essential to the

We

The

cura partialis.
observe,
when we speak simply of the cura animarum, we mean the
cura as exercised by parish priests i.e., the cura partialis.
2. The cura habitualis is not sufficient.
parochus Jiabitu,
office of parish priest ?

is not, strictly speaking, a parish priest.

The
cura actualis, however, is sufficient, even without the cura
habitualis. Thus, the parochial vicar (vicarius capituli cur at us)

therefore,

appointed by a chapter having the cura habitualis is a true

In the United States no cura habitualis is
parish priest.
vested in any person or ecclesiastical corporation.
several parish priests in one

tJiere be

The

question

parish priest

is

and the same

The negative
one who exercises

controverted.

is

essentially
in his parish, so that if
exclusively

25

HI. Can

parisfi ?

holds that a

the cura solely

two or more were

placed in charge of the same parish none of them would be
parish priest. 2. It is admitted by all that, as a rule, it is
more expedient that but one parish priest should be placed

and

over a parish.
3.
Congregations in the United States
should be governed each by one priest only as pastor, not
by several ev aequo"
3

ISgT 643. Q. Is the amovibilitas of rectors contrary to the

In other words, does the geno-eneral law of the Church ?
O
eral

law of the Church, as

still

in force, forbid the care of

souls to be exercised by rectors who are amovibiles?

A.
premise In our question we say the general law ;
for. as we have already shown above (n. 417), the Church

We

sometimes and exceptionally allows, by

25

It is the sententia

26

We

81

Cone.

special law, v.g.,

multo communior (Bouix,

from the bishop

in.

prescind, of course,
PI. Bait. II., n.

1.

c., p.

s rights.

182).

by

of Parish

Priests.

435

apostolic dispensation, the care of souls to be exercised

rectors who are removable.

We now

still

in full

that the care of souls shall be exercised by rectors

In other words, as the Secretary of
are irremovable.

force,

who

answer: The law of the Church, as

by

is

the S. C. C., in the cause Portnen. et S. Ruf., i4th February,

1846, says, the Church not only exhorts, but commands that
rectors and

cura animarum" shall be

others having the
This law of the Church, already clearly laid
"

all

irremovable.

down by Pope Innocent

III. in the General Council of the

and by Pope Boniface VIII." (f 1303), was
renewed and strictly inculcated by the Council of Trent, 30 es
pecially in session xxiv., chap. 13, De Ref., where it "enjoins
on bishops, that for the greater security of the salvation of
souls,
they shall assign to each parish its own perpetual

Lateran (i2i6),

2fc

parish priest, who may know his own parishioners." Accord

ingly, as the above Secretary continues, it has been the un

varying custom of the Sacred Congregation of the Council,

which is the authentic expounder and interpreter of the true

meaning of the Council of Trent, always to declare that

rectors appointed to exercise the care of souls shall invaria
bly, and notwithstanding any custom to the contrary, be
inamombiles and not amovibiles.*
Consequently, writes the
1

Secretary,

is

it

also the constant practice of the S. C. C.

most earnestly to exhort bishops

in

whose dioceses there are

paroeciae or missiones amovibiles to change these parishes or

missions into parocliiae perpetuae or inamovibiles, that is, into
32

parishes whose rectors are irremovable.

644. This law is in harmony with the very nature of the
48
is

Cap. Extirpandae 30,

veto, de praeb.
Cap. Unic. de Capell. Mon. in 6 (III.

30

Sess. vii.. cap.

31

Cf.

S.

SS. LL., vol.

i2

Lingen

C.

iii.,

et

vii.,

C. in
p.

De

Ref.

(iii.,

5).

18).

sess. xxiv., cap. xiii

Baren. Cura Anim. Aug. 29,

243 sq.

Reus, Causae selectae

S.

C. C..

n.

De

1857-,

826.

Ref.
Lucidi,

De

Visit.

Tke Rights and Duties

436

and of the duties of one charged with the care of

For these duties consist principally in preaching the
souls.
word of God and administering the sacraments to the par
ishioners, and in attending to all their spiritual wants. Hence
the pastor is the father and the sheplierd of his flock. The
office

souls of the parishioners are entrusted to his keeping.

It is
his duty to watch constantly over the faithful committed to

Now, no one

his care.

will

deny that while these duties

can, absolutely speaking, be discharged sufficiently well by

a rector who is removable, and who is therefore not looked

upon, by the law, as a shepherd in the true sense, yet they

will be discharged better and with greater profit to souls,

by a rector who
regarded as the
of the flock, to

irremovable, and

is

spouse, the sJiepJierd

whom

he

is

who

and the

wedded by

is

consequently

spiritual*father

a spiritual

wedlock

stronger than the carnal. These reasons are clearly recog

nized by the Council of Trent (sess. xxiv., c. 13, De Ref.),

where it commands bishops to appoint irremovable rectors

over churches, for the greater security of the salvation of souls,
and that the rector may know his own parishioners.
The general opinion of canonists confirms the above
For nearly all of them, with an odd exception
teaching.
here and there, teach that the law of the Church requires
33
rectors or parish priests to be irremovable;
that conse
quently irremovability is one of the requisite prerogatives of
a true parish priest and that therefore rectors who are re
;

movable are not canonical parish

the term.

priests in the true sense of

34

therefore, irremovability is prescribed by the gen

eral law, it follows clearly that removability is opposed
In other words, the general law pre
to this. general law.
the
care
of
souls shall be exercised by rectors
that
scribes
If,

33
34

Lucidi, de Visit. SS. LL., vol. i., p. 396, n. 292.

See our Counter-Points, p. 70 sq., where we give the words of Leurenius,

Soglia, Ferraris,

and others.

of Parish

who

are irremovable

Priests.

therefore

it

437

forbids that this care of

souls shall be exercised by removable rectors.

as

we have

seen,

by

special laiv, v.g.,

However,

by papal dispensation,
this general law, and

Church sometimes derogates from

the

tolerates removability for exceptional reasons.

While therefore we agree with Bouix, 36 that

the

irre

not absolutely required by the nature

of the duties incumbent upon a pastor, we differ from him

movability of rectors

is

when he teaches that the general law is not opposed to the

care of souls being exercised by rectors removable at the
will of the bishop.
This view is, as we have seen, directly
5

opposed

"

law and to the general

advocating it, Bouix stands
But let us briefly state and

to the clear letter of the

teaching of canonists. In fact, in

almost alone

canonists.

among

ans\ver his arguments.

He contends that removability at the will of the bishop
is not contrary (a) to the early discipline of the Church (),

nor to

Trent

t"he

(c],

general law as

it

stood prior to the Council of

have already seen

nor to the latter council.

that the Council of Trent

We

opposed to the removability in

As to the general law of the Church prior to the
Trent, we have also shown that Popes Innocent

question.

is

Council of
III. and Boniface VIII. clearly enact that the rectors of
Thus Pope Boniface VIII. (1298)
souls shall be irremovable.
decrees
praesentantur
Presbyteri, qui ad curam populi
"

episcopis, cum debcant esse perpetui, consuetudine vel statuto

quovis contrario non obstante, ab eisdem nequeunt ecclesiis
37
.

amoveri."

It

only remains, therefore, to

examine

Now

the history of the

the early discipline of the Church.
of
will
that
the assertion of
the
Church
show
early ages

Bouix

is

incorrect.

S. Sedis, vol.

iii.,

p.

For, as Avanzini shows in the Acta

sq., it is well known that in the first

506

35

De

31

Cap. un. de Cap. Mon. in 6

Paroch.,

p.

3t

193 sq.
(iii.,

18).

Ib., p. 201 sq.

Rights and Duties

7*he

438

ages of the Church, when the number of the faithful had in

creased, various offices and grades of dignity were estab
lished and conferred

upon

ecclesiastics.

These

offices

or

positions were most closely interlinked with the ordination it

self, so that, as we say above (n. 584), no person was promoted
to any ordo, whether major or minor, without being at the

same time perpetually or irremovably attached to some church

38
or pious place, where he exercised permanently the duties
of whatever ordo he had received.
Hence those who were
removed from their office or charge were not unfrequently
30

said to be also deprived of the priesthood.

ordination was often called invalid which

Likewise their

was not accom

panied by an appointment to an ecclesiastical office or posi
tion.

40

645. This discipline prevailed at a time

fSIP

when

ecclesi

were known, but when as yet benefices were

unknown. For benefices, especially parochial, were

astical offices

entirely

not at least universally established until after the year 1000

In fact, in the early ages of the Church the
(supra, n. 639).
offerings of the faithful and the

income

of all the churches of

the whole diocese were put into a common fund, which was
under the control of the bishop, and divided into four por

one for the bishop another for the ecclesiastics of

the diocese, each one receiving a share proportionate to his
tions

office or

grade; the third, for the poor and strangers; the

and repairs of the churches. 41

fourth, for the maintenance

The fund was

distributed by priests or deacons.

In the course of time, each church was allowed to retain

and administer its own income for its own wants, and thus
For a benefice, objectively
benefices were established.
3*

Thus Pope Urban

II. in

the

Can Sanctorum

2, dist. 70,

ecclesia quilibet titulatus est, in ea perpttuo perseveret"

39

Cf.

40

Can.

41

Const, of Pope Gelasius, Causa 12, q.

Acta
6,

S. Sedis, vol.

iii.,

Cone. Chalced.,

cf.

p. 508.

Can.

r,

2, 3, 4. dist. 76.

2,

Can. Vobis

23.

"

says:

In qua

of Parish Priests.

439

a despeaking, is nothing else than the revenues attached to

terminate ecclesiastical office. Now, as the incumbent was
appointed permanently to the office or church, so also did he
receive, as soon as the

revenues of his

office

common fund disappeared, and the

or church remained with the latter,

the perpetual right to administer and receive the revenues

a
From this it will be seen th:
or income of his church.
not
owe
its origin to the establishment
does
irremovability
of benefices

that

it

existed before as well

as after they

were introduced. Benefices merely added to the incumbent

right to hold the office permanently, the right to administer

and receive its income permanently. Hence the amovibilitas

opposed to the early discipline of the Church.

From the above it will be seen that a church may
fS^"
be a canonical parish and have a canonical parish priest, even
though it is not a benefice. It should indeed have a suf
But it matters not whether this income is
ficient revenue.
of rectors

is

derived from pew-rents, collections,

from

real estate.

Hence, on

etc.,

as in the U. S., or

this score, there is

way of our missions becoming canonical parishes.

On the Canonical Formation and Suppression of Parishes.

in the
3.

no obstacle

646.

We

of parishes
sufficiently described the formation
of the erection of benefices or parishes.

when we spoke

We

few words, i, on the formation

of parishes cum jure patronatus ; 2, on the alteration and
shall here subjoin only a

suppression of parishes
"

Acta

S.

Sedis, vol.

iii.

p.

general.

I.

Formation of Parishes

The jus patronatus

cum jure patronatus"

a

in

consists chiefly in

510.

Rome in 1883 between the Cardinals of the S. C.

de P. F. and the American Prelates, the Cardinals proposed to establish in the
United States canonical parishes proper, whose rectors should be canonical
b

In the conferences held at

and all
parish priests proper, possessed of irremovability, ordinary jurisdiction,
the other rights and duties of canonical parish priests. To this our Prelates

The matter was finally compromised and decided by the Cardinals

Utrum in America debeant constitui veri parochi in sensu
canonico vel tantum rectores inamovibiles sicut in Anglia cum sola dote in-

objected.

as follows

"

absque juribus ac privilegiis verorum Parochorum-? Erhi

Pro nunc esse consii
dixerunt, propositam quaestionem esse definiendam ita
tuendos rectores inamovibiles sicut in Anglia."
amovibilitatis

et

The Rights and Duties

this

that

when

a benefice or parish

becomes vacant, the patronus can present the new rector to the
bishop for appoint
ment.
The rector thus presented acquires a jus ad rem, and
must be appointed to the vacant place, unless some canoni
43
cal obstacle stands in the
How is the
way.
:

"

"

"

jus patronatus

acquired?

i.

Extraordinarily (de jure singular i} by prescrip.

custom, and privilege. 2. Ordinarily (de jure communi}
a person acquires the jus patronatus in three
ways: i, by
giving the land upon which the church is to be built (fundatione, conccssione fundi}
2, by defraying the expenses of the
building of the church (aedificatione, constrnctwnc] 3, by en
tion,

dowing the church

(dotatione).

It is sufficient for

a person
not necessary
person acquires the

to perform one of these three

things, and
for him to perform all three."
Thus, a

it is

jus patronatus, i, by donating the ground (though only after

45
the church has been built
upon it and endowed)
2, or by
a
church
at his own expense 3, or
building
by endowing it.
The endowment must be sufficient i.e., sufficient revenues
must be assigned the church for the support of the
clergy
men, for the maintenance of divine worship, for candles, and
the like. No jus patronatus arises from an insufficient en
;

dowment. Moreover, simple donations, legacies, or contri

butions do not confer the jus patronatus, even
though they
constitute a dos sufficiens."
person, therefore, not assign
ing an endowment proper, but merely contributing, even
though generously, to a church, does not become an en-

dower (dotator), but merely

as Kenrick

48

a benefactor (benefactor}. Hence,

exists in the United

says, no jus patronatus

"

Craiss., n. 1322.
postulatum, made by a number of German bishops al
the Vatican Council, proposed to restrict the
right of presentation, so that lay

patrons should be obliged to present one of three persons to be designated

by
the ordinary (Martin, 1. c., p. 172).
Supra, n. 320.
44

46
48

Leuren.,

1.

Ferraris, V.

Tr. 12, n.

p.

ii.,

qu. 30.

Jus Patronatus, art. i., n. 20, 26.

96; cfr. Cone. PI. Bait. II., n. 184.

Ib.,
"

qu 39
.

Leuren.

1.

c.,

qu. 43

of Park s h Priests.
States,

441

because our churches are maintained simply by con

From what has been said, it

tributions from the faithful.

same church may have several patroni v.g,^

one gives the land, another builds the church, and a third

follows that the

if

endows

it

in this case all three are patroni in solidum

have equal
the pastor.

49

forming one of the three above actions

either

buy

z>.,

each having a vote in the nomination of

Again, if a number of persons concur in per

rights,

the land, etc.

ajl

of

i.e.,

if

they together

them become patroni

The

consent of the ordinary is indispensable for the acquisition

of the jus patronatus ; it need not, however, be necessarily

given before or diLring the building of the church. Thus, if a

church were built without the consent of the bishop, but
afterwards accepted by him, this acceptance would be suffi
cient consent.
tus

61

We

does not mean

need not here say that the jus patrona

the right to actually appoint the pastor,

but merely to present him for appointment. Finally, we ob

serve, the Church has instituted the Jus patronatus in order

encourage the faithful to build and generously endow

churches
II. Alteration and Suppression of Parishes in gen
to

eral.

The bishop may, by

virtue of his potestas ordinaria

change a church not having the care of souls annexed (eccleria simplex) into one with the care of souls (ecclesia curata),
but not vice

versa.

He may

also,

by virtue of

his potestas

ordinaria, change a parish whose rector is amovibilis into one

whose rector is inamovibilis, but not vice versa, as we have

shown above." The bishop may suppress parishes in all

cases where he can unite them aocessorily to other churches.
49

60

Leuren.,

1.

c.,

61

Leuren.,

1.

c., qu. 36, n. I, 2.

*3

Leuren., For. Benef.,

qu. 31.

p.

iii.,

s2

q. 964, n. 5.

Ferraris,

1.

c., n. 27.

Bouix,

De

Supra,

n. 258.

Paroch., p. 297.

The Rights and Duties

4.42

Manner of Appointing Irremovable

4.

United States
l^gF"

The Council

647.

Rectors,

also

in

the

The Concursus.

of Trent, desirous that parishes

should be provided with worthy and competent parish

priests, enacted that appointments to parishes must be made

by

concursus, or competitive examination.

Hence

it

ordained

when a parish falls vacant, the bishop shall fix a day for
On the day appointed, all
the competitive examination.
those whose names have been entered for the examination

that

shall be

examined by the bishop, or

his vicar-general,

The vacant

at least three synodal examiners.

and by

parish can be

conferred by the bishop only on one of those who have suc

Nay, if several have been
cessfully passed the examination.

approved or passed by the examiners, the bishop must con

fer the parish on the one who is the dignior or most worthy
among- them. All appointments made contrary to these
55
prescriptions are surreptitious, i.e., null and void.
Notwithstanding these clear enactments of the Council
of 1 rent, it was found that in a number of dioceses the
bishop s curia held both in theory and practice, either that
the concursus was binding only on pain of the illicitness, but
not of the nullity of the appointment, or that the Council of
Trent obliged the bishop to appoint from among those who

had successfully passed the examination merely the dignus,

but not the dignior. Against these erroneous opinions Pope
Pius V. issued his constitution In confercndis (May 16, 1567),
in which he ordains chiefly: I. That all appointments
parishes made without the concursus, as prescribed by the

to"

Council of Trent, are null and

the bishop
select

is

bound

one who

is

merely dignus ;

55

Cone. Trid.,

sess. xxiv.,

56

The opinion

that the bishop

select

one who

(1676-1679).

is

void,

not merely

illicit

2,

that

to appoint the dignior, and that he cannot

c. xviii.,

De

3,

that, therefore, those

who

Ref.

not bound to appoint the dignior, but can

merely dignus, was also condemned by Pope Innocent XI.

See Bouix,

De

is

Par., p. 337.

of Parish Priests.

443

have made the examination, but are not appointed, have the
right to appeal, though onlym dcvolutivo,to the metropolitan
(or, where the metropolitan himself was the appointer, to
the nearest ordinary, as delegate of the

Holy

See), or to the

4, that thereupon a new examination must take

place before the metropolitan and his synodal examiners,
and the parish must be conferred upon him who, in this

Holy See

second examination,

is

found by the metropolitan to be

the most worthy.

However, these excellent

nior?

dig-

i.e.,

good, were, as Benedict

Let us explain.
of men.
to the regulations of

regulations, like

all

that

is

XIV. says, abused by the malice

As we have just seen, according

Pope Pius

V., the

concursus had to

made over again

before the judge of appeal, whenever

an unsuccessful candidate appealed against the appointment

be

made by
Now,
in

the ordinary.
the Council of Trent did not determine the manner

which the examination should be held

whether

it

should

In consequence, various modes of holding

the examination began to prevail. In some places it was

be written or
oral

oral.

in others, in writing.

Again,

in

some dioceses the same

questions were put to the different candidates in others,

58
each candidate was examined on a different subject. Hence
;

frequently happened that no written records or acts of the

examination were extant. Consequently, when an appeal

it

was made, the metropolitan found it necessary to admit the

appeal and order a new examination, on the mere allegation or
statement of the appellant, even where he showed no probable
59

cause of complaint.
Owing to this state of things, it natu
occurred
often
that competitors who were not
rally
very
appointed to the vacant parish would, without any legiti

mate or
51

iii.,

See Const. In conferendis, in Pyrr. Corradus, Praxis benef.,

n.
58

sufficient reasons, appeal to the metropolitan

lib.

60
;

that

Hi.,

cap.

4 sq.

Bened. XIV., Const.

Cum

illud, 1742,

7.

Ib.,

5.

Ib.,

3.

The Rights and Duties

444

<*>

was forthwith entertained and that the one

appointed by the bishop was thus obliged to travel a distance
away from his parish and undergo a new examination before
the metropolitan, and that before the
appellant had shown
that his complaint was based upon
any foundation what
their appeal

ever.

61

|31P To remedy these

Pope Clement XL, by

evils,

;i

62

decree, issued by the S. C. C., Jan. 18, 1721, enacted: I

That the examinations must be in -writing, and that con
sequently the candidates must give vuritten answers; 2,
that the same questions must be given to all the candidates
3, that the appeal against the unfair report of the examiners.
;-

or the unreasonable appointment made by the

bishop must
be made within ten days from the day of the
appointment to
the parish; 4, that a new concursus shall not be ordered
by
the judge of appeal, unless it appears Irom the acts of the
pre
vious concursus namely, from the written answers of the com
petitors

wronged

made by
From

that in point of learning, the appellant has been

by the report of the examiners, or the appointment

the bishop.

this it will be seen that the decree of

Pope Clement
XI. did not do away with the necessity of
making the conursus over again before the metropolitan.
On this score,

numerous complaints were made

s:id

that this

to the

Holy

See.

It

was

concursus had this dis

repetition
advantage, that the appellant competitor, though inferior to
his rival, in point of learning, at the time of the first concur
of

the

might prepare better for the second examination, and

thus defeat his competitor the second time." Again, it was
complained that as the decree of Clement XI. allowed appel
lants to present to the judge ad quern new and additional
testimonials of character, it happened not unfrequent.lv that
sus,

61

62

Bened. XIV., Const. Cum illud,

3.
This decree is embodied in the Const.
Bened. XIV., Const.

Cum

illud,

4.

Cum

illud,

7,

of

Bened XIV.

of Parish Priests.
those appellants would, after the
sorts of

new

first

445

concursus, collect

testimonials, attesting their

good character,

all
fit

and submit them to the judge

ad quern, who would revoke the appointment of the ordinary
and appoint the appellant to the parish, mainly on the
ness for the parish,

etc., etc.,

61

Finally, in a number of
strength of these new testimonials.
dioceses, the synodal examiners, contrary to the clear enact
ment of the Council of Trent (sess. xxiv., c. 18, De Ref.), in

approving competitors, took into account solely their learn

65
ing, and not also other prescribed qualifications.
I51F To remedy these complaints, and thus to give the
finishing touch to the law of the Church on the concursus,
Benedict XIV., on the I4th of December, 1742, issued the
Cum illud, in which, after confirming the enactments

Const.
of

Pope Pius V. concerning the obligation

dignior, or the

most

of appointing the
worthy, and the right to appeal against
examiners, or the appointment of the

the report of the

bishop, and also the law of
the necessity of

XL

Pope Clement

making the concursus

concerning
adds the

in writing, he

following regulations: i. When a parish falls vacant, the

bishop shall, by a public edict, fix a suitable day for the hold
ing of the competitive examination, notifying at the same time

who wish

to make the concursus that they must, within

time and before the day set apart for the concursus, file
with the diocesan chancellor all testimonials, judicial or ex

all

this

After

tra-judicial, of their fitness, merits, qualifications, etc.

document of any
must make out a
the documents or testi

the expiration of this time no testimonial or

68
2. The chancellor
kind can be received.

summary or synopsis of all

monials presented by the various candidates a copy of this
synopsis will be given to the bishop, and to each of the ex
written

67

aminers,
tion,
64
66

who,

must take

in

approving candidates,

Bened. XIV., Const.

Cum

65

illud,

13.
61

Ib.,

16,

ii.

examina

after the

into account, not merely their learning, but

Ib.,
Ib.,

10,

16,

n.

iii.

The Rights and DiUics

44^

also their other merits and qualifications. 68

petitor

who

3.

In case a

com

rejected appeals either a mala relations exami

is

natorum, orab irrationabili judicio

episcopi,

he must produce be

fore the

judge of appeal all the acts or records of the

tion held in the first instance, which must be

examina

given him for

by the chancellor. The judge ad quern must

and exclusively on the strength

that purpose

pronounce

his decision solely

of the records or acts of the

first

Hence ke

concursus.

cannot order any new concursus, nor receive

any documents
or testimonials other than those contained in the acts of the
Finally, when the judge ad quern pro
nounces sentence in entire conformity with the appointment,
of the ordinary,
that is, in every respect,
the
first

instance."

4.

against

appel

and in favor of the competitor appointed bv the

bishop,
no further appeal is allowed, and the controversy becomes

lant

But if he reverses the action or appointment of

resjudicata.
the ordinary, the competitor appointed
by the bishop can
appeal to the higher judge, whose sentence shall be final and
70

unappealable.

f^iP From what has been said thus far, it will be seen that
the general law of the Church, as in full force at the
present
be summed up thus: I. That all appointments to
must
be made by concursus, on pain of nullity of the
parihses
appointment; 2, that the concursus must be in writing; 3,
that the bishop is obliged to appoint from
among those who
day,

may

are approved by the examiners, the

digm or,nnd cannot select
one who is merely dignus (supra, n. 376); 4, that the exam
iners

must take

into account not merely the

learning of the
but
also
their
other
competitors,
qualifications (supra, n. 367
sq.); 5, that the competitors, who are not appointed, can
6, that the judge to whom the appeal
the case solely from the acts of the con
cursus already made, and cannot, therefore, order a new con
cursus, or admit additional testimonials.

appeal, in dcvolutivo ;
is

made must decide

6S

Const

Cum

Hind,

16. iv.

69

"

Ih.,

16, vi.

Ib.,

17.

of Parish Priests.

447

We have said that appointments made without the concursus are null and void. This is the general rule.
For
there are

some exceptions,

Council of Trent

partly indicated already

by the

partly introduced by custom, and

sanctioned
expressly by the Holy See.
Thus, no conpartly
cursus is required, I, in the appointment of rectors or par
ish

priests

itself,

ad nutum
of

amovibiles

11

for the Council of Trent

beneficia curata which are perpetua,

i.e.,
speaks merely
those parishes which have irremovable rectors; 72 2, nor in
appointments to parishes which possess so slight revenues as

not to allow of the trouble of such examination

3,

nor in case

grievous quarrels and tumults might result from the concur74

sus
4, nor (except in Rome ) in the appointment of vicars
;"

(vicarii curati) of parishes united (parochiae ttnitae] to monas

teries, chapters, and the like
namely, where the aira habitu-

vested in \he parochus principalis (i.e., the chapter, etc.),

and the cura actualis in the vicarius. For other cases, see

alis is

Bouix.

75

fjiF 648. Q. What

the United States?

A.

We

is

Up

premise:

the

manner

of appointing rectors in

to the Third Plenary Council of Bal

timore held in 1884, all our rectors were amovibiles.

The
aforesaid council decreed that in future one rector out of

Hence we have at pres

ever} ten should be irremovable.
ent two kinds of rectors, removable and irremovable.
11

We now

who are amovibiles are

down
appointed
by the Second Plenary
Council of Baltimore, n. 126. II. As to our irremovable rec
tors, the Third Plenary Council of Baltimore enacts: I. The
in

answer:
the

I.

Our

manner

rectors

laid

creation of missioncs inamovibiles and the appointment of the

irremovable rectors must take place within three years from
11

12

S. C. C., Jan. 12, 1619.

"However, in these cases the ordinary

Council of Trent says in cap.

14

Craiss., n. 1330.

De

xviii., sess. xxiv.,

Paroch.,

p.

Bouix,

must have before

347 sq.

De

Ref.
*

De

Par., p. 348.

his eyes

what the

in fine.

Cone.

PI.

Bait. III., n. 40.

The Rights and Duties

448

the promulgation of the council, i.e., from January 6, i886. b

2. The
bishop can appoint the irremovable rectors, for the
first

time,

without the concursus, though not without the

advice of his consultors

after that, only

by

concursus?-

and

that on pain of nullity of the appointment.

However, even
after the first appointments, though only in a particular case,
the bishop may, without the concursus, though not without

the advice of the synodal or pro-synodal examiners, appoint

an ecclesiastic to an irremovable parish, whose learning is

abundantly attested either by the office which he holds, v.g.,
if he is a
synodal examiner, or by his dignity, or also bv the.
6
long labors with which he has laudably served the Church.
3. The concursus is made in the same manner as that laid
down in the general law of the Church and described
above; in other words, it is made before bishop or vicar-

general and three synodal or pro-synodal examiners in writ

4. Only those priests can be admitted to the con
ing, etc/

cursus

who have

laudably exercised the sacred ministry for

at least ten years, in the diocese, and have within that time
given proof of their ability to govern the parish spiritually
and temporally, either in the capacity of simple rectors, or
in

some other way. 8

5.

The

mission must be conferred on the

i.e., the most worthy among those who passed the ex

amination, and cannot be conferred on one who is merely dignus.
6. The examiners can and should approve all who are

dignior,

worthy or digni. The bishop alone has the right to deter

mine which one among the approved is the most worthy, or
However, the bishop may laudably, before making
dignior.
the appointment, ask the advice of the examiners as to
b

Cone.

PI. Bait. III., n. 35.

Cone.

PI. Bait. III., n. 57

cf.

Ib.,

Ib., n. 37.

whom

Ib., n. 36, 57.

p. 204, Instr. S. C. de P. F., Oct. ID,

De Concursu.
Cone. PL Bait. III., n. 41 sq., where
must be made is carefully described.

1884,
f

sus

Cf.

Cone.

PI. Bait. III., n. 36, 43.

the

manner

in

which the concur*

of Parish

Priests.

449

they regard as the dignior or most worthy. 7. Competitors

who are not appointed have a right to appeal in devolutivo" to the
metropolitan or Holy See against the appoint
ment made by the bishop, and also against the unfair report
11

"

of the examiners, as provided

in

Cum

the Const.

illud of

Pope Benedict XIV. 8. The judge to whom the appeal is

made must decide the case solely and exclusively from the
acts of the concursus already made.
Hence he cannot order
1

the concursus to be

aminers

the fitness,

as to

made over before him and his synodal ex

new testimonials whatever

nor can he receive any

etc., of

the appellants.

9.

Finally,

where

on account of the vast extent of the diocese and the distance

of places, v.g., in some of the Western and Southern dioceses,
or other peculiar obstacles, a special concursus can be held
only with difficulty, every time an irremovable parish falls

allowed to separate the concursus, by which the

learning of the candidates is ascertained, from that by which
the other canonical qualifications are determined, in such

Vacant,

it is

manner that a general examination will be held once a year,

in the manner above
explained, for the purpose of finding
out the learning of the competitors; that the other requisite
qualifications will be passed on by the examiners each time
a parish falls vacant.
Those who have once passed the an
nual examination will be regarded as worthy, so far as their
learning is concerned, of being appointed to any irremovable
j

parish that
proval.

On

fall vacant within six

years after their ap
the lapse of six years, however, they must un-

may

Cone.

PI. Bait. III., n. 36, 52

Cone.

PI. Bait. III., n. 36.

Bened. XIV., De Syn.,

1.

iv., c. viii., n. 6.

At the Vatican Council the German bishops made

this proposal:
DecreC. Trid. de concursu pro parochiis speciali instituendo in multis
amplioribus dioecesibus nunquam in usum pervenit, in multis aliis autem
jam

tum

"

S.

approbante
Sede Ap. ejusdem loco hodie concursus generalis habetur. Propterca petimus
ut illud S. C. Trid. decretum revision! submittatur, et ea examinis sive concur
S.

sus
p.

norma

172

praescribatur, quae ubique valeat ac debeat

cfr. ib.,

pp. 144, 174).

observari"

(Martin, Doc.,

The Rights and Duties

450

dergo the examination again,

to an

irremovable parish.

Irremovable rectors
the concursus.

if

they wish to be appointed

in

Ireland are appointed without

Thus the Plenary Synod

of

Maynooth

says:

per circumstantias hujus regionis concursus quamvis

optandus, vix introduci possit, episcopi diligenter caveant
ne paroeciae conferantur nisi iis, qui a synodalibus exami"Cum

ab episcopo delectis
quique moribus ac scientia caeteris praesterit."
Likewise, the irremovable rectors in England are
appointed without the concursus. However, it seems certain
natoribus,

si

adsint, sin vero, a theologis

approbati fuerint,

that in the near future the concursus will be prescribed for

the appointment of irremovable rectors in both these coun
tries.

ART.

II.

Rights of Parish Priests, and of Rectors, in the United States.

i. General Remarks.

The following remarks, though applying chiefly

E^iT" 649.
to parish priests proper, are nevertheless, in a measure, also
applicable to our rectors. For all our rectors, even those

who

are not irremovable, possess parochial or quasi-parochial

which are laid down partly in the Second Plenary
rights
"

Council of Baltimore, Nos. in, 112, 117, 227, and also

statutes of provincial and diocesan synods."
These

in the
rigJits

our rectors necessarily imply corresponding duties on the

part of their congregations, and other rectors. Thus, for

of

instance, a rector with us has the right to administer bap

tism, marriage, the viaticum, and extreme unction to his pa

Consequently, the parishioners cannot lawfully

receive the sacraments from other rectors, nor can the rec

rishioners.

tors themselves lawfully administer

k

on

Cone.

Syn.

PI.

Cone.

to non-parishioners.

58; see the Instr. S. C. de P.

concursus (Cone. PI. Bait. III., p. 203).

PI. Bait. III., n.

this general

them

Maynut.,

n. 183.

PJ. Bait. II., n. 124.

Konings,

F.,

Oct.

n. 1138.

10,

1884,

of Parish

Priests.

451

The rights of parish priests relate chiefly to the administra

tion of the sacraments of baptism, penance, the Blessed
Eucharist, matrimony, and

Extreme Unction

to funerals,

parochial functions, etc.

2.

Rights of Parish Priests relative

650.

We

premise

who

Every

parish, as

Sacraments.

was shown, must have

are meant, as a rule, the

76
live within the boundaries of the parish.
Now,

certain fixed limits.

faithful

to the

By parishioners

some have a domicilium proprie dictum those,

namely, who have come into the parish with the intention

of these,

I,

(manifested) of living there permanently, if nothing should call

them away 2, others have but a quasi-domiciliitm i.e., dwell
;

in the parish for a considerable part of the

with the intention of remaining so long

7

year,"

v.g.,

or at least

students in col

a third class, finally, live in the parish

but temporarily they are named strangers (peregrini) if
they travel from place to place, having nowhere a domicile
or quasi-domicile, they are called wanderers (vagi).
leges, servant-girls

"

3,

We

now

pass to the several sacraments.

Priests relative to Baptisms.
Parishioners
shall

the faithful

who have

but a quasi-domicile,

I.

Rights of Parish
that is, not only

a domicile, but also those who have

are bound, as a rule, to

in the parish

bring their children to their parish church for baptism

and they sin mortally by having their children baptized in
another parish without the permission of their parish priest.

"

Persons

who have nowhere

a domicile or quasi-domicile

A
can have their children baptized wherever they wish.
to
in
should
case
of
who,
presume
priest
except
necessity,
baptize children belonging to another parish, without the
76

Phillips,
78

ame

1.

77

c., p.

343.

Bouix,

De

Judic. Eccl., vol.

i.,

pp. 267, 275

Hence, a person may have a domicile proper in one place, and

time a ouasi-domicile in another

v.g.,

winter and in *he country during summer.

at the

persons living in the city during

**
Bouix, De Paroch. p. 441.

The Rights and Duties

452

presumptive of the respective pastor,

would commit a mortal sin. This prohibition is applied to
Grathe United States in the following modified manner:
infantes
ab
sunt
vissima reprehensione digni
sacerdotes, qui
at least,

permission

"

aliena sive paroecia sive dioecesi, sibi oblatos temere bapti-

cum

zant,

facile

a proprio pastore baptizari possunt.

sum hunc iterum damnamus ac

II.

651.

Abu

prohibemus."

Rights of Parish Priests respecting the Sacrament

parish priest, by virtue of his office, hasjurts-

of Penance.

We

foro interno in his parish.

say, in his
as
hear
such, cannot
(except his
parish ; for a parish priest,
in
the
whole
but
the
in
confines
diocese,
only
parishioners)

dictio ordinaria in

own

In order to avoid difficulties, therefore

it were advisable, according to Bouix," that each
bishop
should expressly give all his parish priests faculties to hear
of his

in

parish.

the whole diocese.

understood by custom

In many places parish priests are

to have jurisdiction in every part of

the diocese.

Formerly parish priests possessed exclusively

This prerogative has
the right to hear their parishioners.
faithful
the permission
the
without
At
may,
present
lapsed.
of their parish priest, confess, even in paschal time or when
in danger of death, to any priest, secular or regular, who is
82

Has the parish priest a right to

approved by the bishop.
demand from his parishioners presenting themselves for holy
communion in paschal time a certificate as to their having
made their confession to an approved priest ? We answer
Wherever this is not prescribed by the ordinary a parish
:

such certificate, except from those

he
may, for grave reasons, suspect of not
parishioners
having gone to confession, even though they assert the con
trary. In giving this certificate the confessor should merely
priest

cannot

exact

whom

state the fact of the confession

Cone.

PI. Bait. II., n. 227

"

Phillips,

1. c.,

p. 346.

having been made, but not

our Notes,

n.

202-205.

81

L.

c., p.

44$

of Par is k Priests.
whether absolution was given.

83

dent, applies to countries only

parish

priests,

453

The above,

2.

as

is

evi

where there are canonical

and where, consequently, the

are

faithful

bound to receive their paschal communion in their parish

church, but not to the United States, where the faithful can
make their Easter communion everywhere.
652.
tors,

in

Confessors

even those

the

United States.

As our rec

i.

who

are irremovable, are not canonical

would seem that they cannot hear their

parish priests, it
84
parishioners outside the diocese.

2.

Formerly, according
agreement among our bishops in 1810, a priest ap
proved for one diocese could hear confessions all over the
85
This agreement no longer exists. Hence,
United States.
at present, no priest can hear out of the diocese for which
he is approved/
i.e., assistants no less
3. All our priests
than pastors are, as a rule, approved for the whole
to an

diocese.

Ad

III. Rights of Parish Priests in regard fj the

653.
I.
Whf/e there are
ministration of the Blessed EucJiarist.

canonically -established parishes the faithful are bound to re

87
if
ceive the paschal communion in their parish church /
they

communicate elsewhere without the permission of their

parish priest, they do not fulfil the precept of the Church.

From the obligation of receiving the paschal communion in

the parish church are exempted chiefly i. Strangers (peregrini, advenae) who cannot conveniently go to the place
:

Wanderers or tramps (vagi}. 66 These

two classes are not even bound to receive their paschal
communion in the parish where they are, but can satisfy the
of their domicile.

2.

precept by communicating in the churches of religious.*

3. Seculars employed as servants in monasteries and reli
gious houses, provided they be in actual service, residing
M
Bouix, 1. c., p. 447.
* Cone. PL Bait.
II.,
*
n.
Craiss.,

1358.

M
n. 118.

**

Konings,

Kenr.,

n. 1394.

"

"

tr.

in

xviii., n. 133.

Supra, n. 430.

Kane,

n.

759

The Rights and Duties

454

the houses of the religious, and living under obedience to

the regular prelate.
by
say, living under obedience, etc.

We

we do

the obedience due by religious profes

90
the
obedience due ratione famulatus i.e.,
but
sion,
simply
91
the obedience which servants, as such, owe to their masters.
this

not

mean

Whether seculars who

reside permanently in religious houses,

fulfil the paschal precept in those

as in places of retreat, can

houses without the permission of the parish priest is ques

tioned by some. As to students in colleges conducted by
religious, see n. 431. At present the faithful, with the excep
tion of their Easter communion, can receive the Blessed Sac

rament

in

any church or public chapel. Hence, regulars can

communion in their churches to seculars dur

distribute holy

ing the whole year, even during paschal time, except Easter
Sunday alone nay, in the United States, even on Easter
Sunday. For, with us, the faithful almost everywhere can

make

their paschal

654.

communion where they

Observation.

We just

please.

said, almost everywhere ; that

For in this
in certain parishes of California.
of
those
the
faithful
and
rectors
State
parishes which are

is,

except

regarded as canonical parishes (though the rectors in charge

them are not canonical parish priests) are mutually bound
by all the duties of parishioners and parish priests proper, as
Hence, the former must re
laid down by the jus commune.
in
their parish church. This
communion
their
ceive
of

paschal
evident from these words of the fathers of the First Pro
vincial Council of San Francisco Declaramus rectores earum
is

teneri
paroeciarum, quae habentur uti paroeciae proprie dictae,
es
suarutn
limit
intra
ad omnia munia parochorum erga fideles
ecdesiarum constitutes adimplenda ; fideles autemjus Jiabere ad
subsidia spiritualia ab illis ecu a propriis animarum rectoribus
vecipiendum>

tioi

ac specialiter teneri

e paschali, baptismo, viatico.

"

nipra, n. 431.

pro commuextrema unctione, et matrtmo-

ad

ipsos recurrere

Bouix,

De Jure

Reg., vol.

ii.,

p. 201

of Parish Priests.

From

455

would seem to follow that the

above pastors are obliged to offer up Mass for their people
on Sundays and holidays, and that they can validly and law
nio.

these words

it

hear their confessions everywhere. 02

II. Sacrifice of the Mass.
655.
According to the pre
sent discipline of the Church, the faithful are not bound,
though they should be strenuously exhorted, to hear Mass
fully

on Sundays and holidays of obligation in their parisJi cliurch

Parishioners, therefore, can satisfy the precept of the

Church by hearing Mass

even

any church, public chapel, or

but not in the pri

in

in the private chapels of regulars,

In the United
vate or domestic chapels of seculars.
States the faithful fulfil the precept by assisting at the Holy
1

Sacrifice anywhere**
656.

Can a

Q.

same day

parish priest celebrate

(binatio, bin are}

two Masses on the

Universal Discipline of the Church or Provisions of

the Jus Commune on this head.
Formerly priests were al

A.

I.

lowed to celebrate several times a day. But, at present,

this is prohibited, except (a) on Christmas (b) and in the
case of necessity.
Now, what can be regarded as cases of
?
We
answer
necessity
by the following propositions
:

were formerly considered by canon

Many
Prop.
ists as cases of necessity cannot be considered as such at
cases whicli

I.

tJie pre
Thus, canonists formerly held that a priest could
say a second Mass on the same day v.g., for the accommo
dation of strangers, princes, or bishops arriving too late for

sent day.

the

This opinion

Mass.

first

is

no longer tenable. 98

extraordinary occurrences, tJiere

II.

Prop.
at the

Prescinding from
present day only one practical case of necessity authorizing the
"
"

binatio

(#)

namely,

(a)

when

either

a large portion of a congregation,

M
M
**

Konings,

vol.

an
is

entire congregation, or

debarred
"

i.,

p. 471, edit. za.

9S

Bouix,

1.

Bouix,

De

c., p.

196.

Par., p. 451.

is

from

Jiearing

Supra, n. 430.
Kenr.,

tr. iv.,

p.

ii

n.

14..

The Rights and Duties

45 6

Mass on Sundays and holidays tmlcss the pastor says two Masses
on the same day.
We say, I, an entire congregation; hence, a
who
has
two
parishes at so great a distance from
pastor
each other that the people in one of the places cannot con
veniently go to the other place for Mass can say two Masses
97
We say, 2, or a large portion, etc.;
a day, one in each parish.
hence, a pastor can say two Masses a day in the same church,
if, v.g., three hundred parishioners are otherwise deprived
of Mass v.g., because the church is too small to hold the

We

entire congregation at the same time.

days and holidays; that is, the necessity

say, 3, on
for saying

Sun
two

Masses can occur on those days only on which the faithful

are bound to hear Mass, but not on week-days, nor on Holy
Thursday or Good Friday. Observe that, as a rule, the
permission of the bishop
the above circumstances.
sufficient,

or

is

is

required for the binaiio even

But

is

the bishop

Holy See necessary,

that of the

in

permission

at least

the two Masses are to be said in the same church ?

when

Bouix

"

holds against the Analecta J. P. that no Papal permission is

For the binatio, in the case of necessity, is per
requisite.

mitted by the jus commune

itself."

Particular Discipline {jus speciale, particulare], in

657.
this matter, of the Church in the United States and Countries
So far we have shown in what
similarly circumstanced.
II.

cases canonical pastors can celebrate twice a day by virtue

of the jus commune, and therefore without a Papal indult.

rectors or priests in the United States celebrate

twice a day under conditions less stringent than those pre
scribed by the/zAJ commune ? They can; for bishops in the

Now, can

100

United States,
Ireland,
97
Bouix, De Par., p. 453.

101

109

England,

and, in

fact,
9

"

L.

almost
c.,

p. 456.

**

Namely, by the decretal Consuluisti (issued by Pope Innocent III. in

1212), which still has the force of common law, as it was never revoked by
any subsequent pontifical decree.
100

"

Fac., form,

i.,

101

n. 23.

Cone Prov. Westmon.

I.,

Syn. PI. Thurles., ap. Coll. Lac., ni., p. 781

ap. Coll. Lac., Hi., p. 933.

A.D. 1852

of Parish Priests.

457

Rome

everywhere, have special faculties from

to allow of

evident that, by these faculties, the above

have
fuller
bishops
powers on this head than they have by the

binatio.

Now,

it is

jus commune ; otherwise, such faculties were useless, since

they would confer upon bishops no powers not already vested

them by the jus communed Hence, the above bishops can

allow binatio in cases where it is not permitted by the com
mon law. Thus, priests in the United States and the above
countries, by episcopal permission, can say two Masses a
day v.g., not only when a great (v*g-, three hundred per
sons), but when a considerable, number of persons (v.g:, thirty)
would otherwise be deprived of Mass on Sundays and holi
in

days

v.g.,

because they

cause some must stay at

live

home

too far from church, or be

while the others go to Mass.

parish priest proper i.e., one who is bound

to offer up Mass for his people on Sundays and holidays
cannot receive a stipend for any of the Masses when he cele
Observation.

We

104

brates twice a day.

say, I, parish priest ; because
other priests, not in charge of souls (v.g., assistants), can un

doubtedly accept of a stipend for one Mass on Sundays as

We say, 2, parish priest proper ;
well as on week-days.
105
rectors
in
the
United
not being canonical
States,
hence,
parish priests, are exempt from the obligation of celebrating
for their congregations, and therefore can accept of a sti
pend for one Mass on Sundays and holidays nay, at present,
;

according to Konings

ed. 3 ia ),

by Papal ingrave and

when they say two Masses a day,

(n.

1327, q.

7,

dult, all bishops of missionary countries can, for

just cause, allow priests,

to receive a stipend for each Mass.
658.

IV. Rights of

ment of Matrimony
101

""

RigMs of Parish

Bouix,

1. c.,

p. 459.

As

Priests proper in places

May 24, 1870, n. n seq

He can, however, accept of

Cfr. Instr. S. C. Prop.,

tationem la -on s of the second

"

(C. PI. Bait. III.,n. 105.)

Parish Priests in regard to the Sacra

Mass (Bouix,

to California, see supra, n. 654.

1.

c.)

ap. Konings, p. Ivi.

an honorary in compen-

The Rights and Duties

458

Wher
where the Tridentine Decree "Tamrtsi" is in force.
is published marriages, in order
ever the decree Tametsi
to be valid, must be contracted in presence of the parochm
proprius of the contracting parties.

meant

10

the parochus
i.e., the one in-

Now, by

The parochus domicilii

I.
the
the
whose parish
parties have their domicile, but not
were
parochus originis, or the one in whose parish they
proprius

is

Hence, if the parties belong to two different parishes,

of either parish
they may be married by the parish priest
has
two places ot
of
the
The same holds true if one
parties
domicile. It is more becoming that the marriage be solemn
ized by the pastor of the place to which the bride belongs.

born.

The parochus quasi-domicilii ; hence, public or government

in
officials, professors, and students, who have a quasi-domicile
2.

The same

place.

before the pastor of such

may validly contract

a certa ; n place,

holds of soldiers, servants, boys and girls

108

con

Youths in colleges and girls educated

asylums.
vents may contract before the pastor in whose parish the
the proper course is
college or convent is situate, though

in

to send

in

them home,
reside.

so that they

109

those

may marry where their

who have nowhere a

Vagi
can contract in presence of the parish priest
of the place where they are for the time being this holds
The
but one of the parties is a vagus.
even
3.
i.e.,

parents
fixed domicile

though

and

these dignitaries
can assist validly at marriages throughout the whole dio
The chief rights of the parochus proprius are (a) To
cese.

bishop,

vicar-general,

vicar-capitular ;

This law

publish the banns of matrimony.

106

Cone. Trid.,

sess. xxiv., c.

is in

force also

d. R. M.itr.

i.,

De Imp. et Disp. Matr. Lovanii, 1874 In the Council of the

the effect that
proposal was made by a number of French bishops to

Cfr. Feiie,

Vatican a

the inipedimentum clandestinitat .s be

somewhat modified, so

that in future the

for the lawfulness,

presence of the parochus proprius would be required merely
before any priest
contracted
that
and
of
.ie
rot
marriages
marriages,
validity,

ft

d be valid ^Martin, Arbeiten,

Philips, Lehrb.,

p. 618.

p. 103

Doc., p. 157).

]09

Feije,

1.

c., n.

ll

232.

Ib.,

-a

23*

of Parish Priests.
United States.

in the

111

459

the parties belong to

If

two

dif

A
ferent parishes, the proclamations must be made in both.
with
the proclamations
pastor with us, therefore, who omits
out grave reasons, is guilty of mortal sin. (b) To bless (benedictio mtptialis)

and

the offering usually

marriage, (c] To receive

who are married, even
those
by

assist at the

made

solem
though another priest has been deputed by him to
112
nize the marriage.
Rectors in the United States re
659. Rights and Duties of
It is certain that the Tridentine decree
Marriages.
specting

not promulgated or observed in most of the dio

113
wherefore marriages with
ceses throughout this country
us, except, of course, where the decree Tametsi obtains, con
Tametsi

is

tracted by the sole consent of the parties, without the pres

ence of the rector or any other priest or witnesses, are
valid,

and

The

illicit.

though

right

to

at

assist

to impart the benedictio nuptialis belongs

marriages
always to the

rector of the contracting parties. Hence rectors with us

are strictly forbidden to unite in marriage parties belonging
to another diocese or parish.

14

And

if

a pastor, in case of

he should remit the per

necessity, marries outside parties,
the parties. Acco-rding
quisites to the respective pastor of
to the Boston statutes, this is to be done ex titnlo justitiae.

\J~

Q. In

what parts

of the

United States does the

decree Tametsi obtain ?

We

premise: The decree Tametsi may become obli

two ways namely, either by a formal
gatory
or by a virtual promulgation. By the formal promulgation
is understood that which is laid down in the Council of

A.

in a place in

Trent

meant
place where

is

De

virtual promulgation
the very fact of the observance of the decree in a

(sess. xxiv., c.

it

i.,

Ref.).

By

has not been actually published.

111

Cone.

118

Cone. PL Bait. IL,

PI. Bait. II., n. 332, 333.

n. 340.

"*

Bouix.

m Cone.

1.

PL

c.. p.

Conse464.

Bait. II., n. 117.

The Rights and Duties

460

quently the decree becomes binding not only where it has

been formally published, but also where it is
being observed,
without having been promulgated (cf. Konings, n.
1605
J

Sabetti, n. 911).

We

now answer: We have said that the decree in ques

not in force in most of our dioceses for in some it is
in force.
Prior to the Third Plenary Council of Baltimore,
tion

is

held in November, 1884, there was considerable doubt and

uncertainty as to where the decree did and where it did not

The Third Plenary

obtain.

Holy

Council, at the request of the

See, carefully investigated the whole matter, and

to the following conclusion

came

The decree Tametsi

(C. Trid., sess. xxiv., c. i., De Ref.)

does not obtain in the following ecclesiastical
provinces: i,
I.

Baltimore

Oregon;

6.

2.

Philadelphia

Milwaukee;

7.

3.

New York

4.

Boston

5.

Cincinnati, save in the diocese of

Vincennes 8. St. Louis, except in the city of St. Louis itself

and several other places of the same archdiocese given
below; 9. Chicago, except in some places of the diocese of
Alton to be mentioned presently.
;

II.

The decree Tametsi

is

the rest of the United States

ince of

New

considered as being in force in

namely, i, in the entire prov

the province of San Francisco,

together with the Territory of Utah, save that part of the
Territory of Utah which lies east of the Colorado River; i

Orleans;

2, in

"

!_/

the province of Santa Fe, save the northern part of Colo

rado 4, in the diocese of Vincennes; 5, in the following
in

places of the archdiocese of St. Louis in the city of St.

Louis, and in the places called St. Gene vieve, Florissant, and
St.

Charles;

6,

in the places

called

Kaskaskia, Cahokia,

French Village, and Prairie du Rocher, all four in the dio

cese of Alton. See the Third Plenary Council of Baltimore,
p. cvii, which also enumerates the places, with us, to which
the Declaratio of Pope Benedict XIV., issued for Holland, in
1/41, has been extended.

of Parish
660.

How

Priests.

461

should pastors, especially in the United States,

wanderers (vagi) pre

proceed when strangers (peregrini} and

marriage? I. Where the universal law of

the Church on this head can be observed, a certificate de
statu libero of the parties wishing to get married should be

sent themselves for

procured from the ordinary to whose diocese they formerly

belonged. This certificate should be attested both by the
above ordinary and the ordinary of the pastor before whom
1

the parties wish to get married.

pastor, therefore, to
for marriage
themselves
whom vagrants or strangers present
must refer the matter to his bishop, whose duty it is to pro
cure the necessary certificate.
neglect of these pre
1

2.

however, annul the mar

In the United States the law prescribing the

cautionary measures would

riage.

not,

117

Hence, it
above mode of procedure is, per se, binding.
In most
effect.
into
carried
be
wherever
feasible,
should,
with
us, no
cases, however, it can scarcely be observed for,
;

number of strangers presenting themselves for mar

come from nearly all parts of the globe, even the
have
riage
most distant, or are constantly moving from one State to
another, thus making it almost impossible to procure from
their former ordinary the above certificate based upon the

small

testimony

of

competent

witnesses.

118

Hence,

there

are

of ascertaining the status

scarcely any other means, with us,
liber (i.e., the absence of any annulling impediment, especial

impedimentum ligaminis} of strangers than, I, their

own sworn affirmation 2, the testimony of others who know
them, or of their former pastor in another (i.e., neighboring)
ly of the

diocese.

119

pastor, therefore, with us, before solemnizing

of such parties, should assure himself that they

the marriage
are in statu libero

i.e.,

116

Instr. S. Off. in 1670

117

Cfr. Feije,

118

1. c.,

and

"

1827.

Feije,

1. c.,

n. 258.

Kenr., tr. xxi., n. 193 ;

u Cfr.
Feije, 1. c., n. 261.
"

not actually married or under any an-

cfr.

Heiss, p. 181.

Monach., 1861.

n. 254,

25$

The Rights and Duties

;62

nulling impediment"* either by making the parties them

selves take an oath to that effect, or by enquiring of parties
1

who know them,

or by writing for information to their

pastor, according as the case or circumstances
admit of one or more, of this or that one, of these evi

former

Where any doubt

dences.

Kenrick

be consulted.
States

who

parishes

is,

marries

1S3

still remains, the bishop should

holds that a priest, in the United

parties

actually

suspended

ipso jure,

belonging to

other

(ab officio only, not a bene-

ficio}, and remains so until absolved by the ordinary of

that pastor who ought to have been present at the marriage.
According to Feije, however, the suspensio just mentioned
is incurred only in places where the decree Tametsi is pro
"

mulgated, and therefore not at least, de jure commune in

most dioceses of this country. The right to administer Ex

treme Unction and the Viaticum to parishioners is reserved

to the parish priest in such manner that other priests can
not,

except

in case of necessity, licitiy confer these sacra

ments without the pastor s or bishop s permission. Strangers

may receive both these sacraments from the priests of the
place where they

lie

ill.

Rights of Parish Priests relative to Funerals

the United States.

| 3.

Customs

in

The

rights on this head may be reduced chiefly to two

namely, the right, i to bury or have a burying-ground (jus
f
epeliendi] 2, to receive certain emoluments or burial dues
661.

I.
The
Jura funerarid).
Right to Perform the Burial.
parish priest has, de jure commune, the right to demand that,
is a rule, his parishioners be buried in the parish ceme
1

We

say, as a rule ; for the following persons can be

buried out of their parish cemetery: i. Those who have se
lected their place of burial elsewher"
Now, all persons,
"

tery.

"

"

Cfr. Feije,
L. c.

1.

c.,

n. 256, 259.

1M
Ib.,

1.

c., n. 283.

wL

c.

Phillips,

i.

c., p.

725

of Parish
except impuberes and religious,
choose their place of interment

Priests.

"

463

are perfectly at liberty to

in

any Catholic cemetery

not only in cemeteries attached to parochial churches,

but also in such as are annexed to non-parochial churches, col
For, although parish churches
leges, and other institutions.
alone can, de jure ordinar to, have cemeteries, yet any noni.e.,

be authorized by the
Religious communities are em

parochial church, college,

bishop to have a cemetery.

powered by the jus com.

etc.,

may

to have cemeteries.

2.

Those who

have a family lot (sepulcrum gentilitium, sepulcrum majorum) in

m these not
another Catholic cemetery
only can, but should,
be buried in such lot. In the United States Catholics may
sometimes be buried in their family lots, even though situate
in sectarian or profane cemeteries.
Thus, a deceased con
;

vert

be interred in a

may

relatives

The same

and situate

lot

owned by

in a sectarian

his non- Catholic

or profane cemetery.

applies to those deceased persons

whose

relatives,

purchased a lot in a
non-Catholic cemetery, or (b) own one in such cemetery
n8
The Third Plenary Council of Balti
from the year i853.
more (n. 317, 318) enacts that in all these cases, where

though

Catholic, (a) have, in

good

faith,

the burial takes place in a non-Catholic cemetery (a), the

funeral services of the Church can be performed by the rector,

and that either

in the

church or at the house, unless the

in the
(b] and that the grave,

bishop orders the contrary

case, should be blessed.
662.

II.

Right of Receiving Emoluments.

two

(a) for

performing

lot (locus sepulturae, sepultura, fundus}.

Services.

Funeral dues

kinds, according as they are given to pastors

the funeral rites, or (b) for the grave or

are of

It is

I.

certain that nothing can be

Dues for Funeral

demanded from

the poor, nor, as a rule, even from others, except for extraor
de requiem.
dinary funeral services, such as High Mass

We

in the

125

Religious should be buried

126

Laics, however, cannot select their place of burial in the cemeteries of

nuns, except by special leave from

121

Walter,

community graveyard.

Rome

(Craiss., n. 1396).
lis

320.

Cone.

PI. Bait. II., n. 392.

The

464

RigJits

and Duties

where it is customary, pastors may re

even
demand, from persons able to pay the
nay,
for
usual dues, even
performing the ordinary funeral ser
131
In
vices, as given in the Ritual
i.e., without a Mass, etc.
the United States pastors do not, as a rule, receive anything
say, as a rule ; for

ceive

for reciting the ordinary funeral services of the Ritual they

are, however, liberally compensated for extraordinarv fune
;

"

ral

services,"

such as solemn Masses for the dead.

2.

Dues

for Place of Interment.

According to the jus commune, it is
132
forbidden, as a rule, to charge, or even receive,
anything
for graves, except where the cemetery is not yet blessed.

We say,

as a rule ; for

when graves

more
charge some

are located in a

it is allowed to
on
account of their choice loca
them, though only

desirable part of the cemetery,

thing for

tion (ratione Jionorabilioris situs, scu dignioris loci).

From this
it is evident that the practice in the United States of making
133

no matter in what part

the faithful pay for single graves,
of the cemetery they may be located, is scarcely in harmony
with the universal law of the Church. The necessity of pay
ing for cemeteries and keeping them in a proper condition
would seem to somewhat justify the custom. According to
134

Konings,

all difficulty

will be obviated either

by asking

for

payment of the grave only after the interment, or, what

seems better (as people seldom pay after the interment), by
setting apart in rach cemetery a special place for the poor
and those who do not wish to pay thus, the remainder of
;

once a more eligible site for graves,

which, consequently, can be lawfully sold, though not abso
135
Where deceased persons in the United States are
lutely.

becomes

the cemetery

131

132

"

Craiss., n. 1426;

cf.

Bouix,

Except where money

We

at

1.

c., p.

is -voluntarily

say, single graves

for

it

486.

given.

Ferraris,

would seem

that,

1.

c., n. 156.

practically speaking,

gular charges can be made for family lots (sepulcra gentilitia)

134
N. 356, (4) cf. Kenr., tr. xii., n. 69.

m The

right to

by purchasing graves or family lots, obtain merely the

be buried there, to the exclusion of other parties iFerr., 1. c n. 147, 148).
faithful,

of Parish

Priests.

465

buried either outside their parish or in a different place from

where they died, the funeral services are sometimes

that

held in both places i.e., in the place of death and also in

the place or church of interment. This is not unlawful,

though

it

is

whence the
4.

sufficient to hold these services in the

burial takes place.

church

138

Rights of Parish Priests respecting Parochial Function*

and
663.

I.

Dispensations.

Besides the administration

Parochial Functions.

of certain sacraments, there are other ecclesiastical functions

performable by pastors only or with their consent. They are
called jura parochi privativa, functiones mere parochiales, in
contradistinction to the jura parochi cumulativa, functiones

mere parochiales, or those functions which rectors, as such,

have indeed the right to perform, but not to the exclusion
of other persons. The churching of women, for instance, is
an exclusive right of the rector, where custom or diocesan

Mass on
Power of grant

statutes so ordain, while the celebration of solemn

Holy Thursday

belongs also to others.

137

II.

It is the common opinion that, by virtue

ing Dispensations.
of general custom, parish priests can, for just cause dispense

their parishioners individually,

the precept of

138

though not

They can

fast.

only for a time

and

collectively,

from

them permission,

also give

for particular cases, to

perform
on holidays of obligation. As a rule, persons
obliged to work publicly on holidays, even when there arc
undoubted reasons for so doing, should first obtain permis-

though

servile labor

Bouix,

""

Craiss., n. 1414, 1430.

188

In the Vatican Council a proposal was

bishops, the import of which

ing fasts

and abstinence

(the

was

1. c.,

p.

490

made by

Phillips,

that the present ecclesiastical

observance of which,

it

I.

number

c., p.

345.

of French

laws respect

was alleged, was

at pre

sent so different not only in different countries, but also in different provinces
nay, in the several dioceses of the

same province) be made more uniform ind

us lenient as possible (Martin, Arb., p. ro8

Doc., p 161}.

The Rights and Duties

466
sion from

the pastor or

in fact, usually

may

bishops

dult, give their priests

Observations.

bishop."

do

Our

i.

virtue of pontifical in-

by

power

dispensandi quando expedire

videbitur, su^er esu carnium, ovorum et lacticiniorum tempore
2. The faithful with us, whet
quadragesimae.
to
labor
on
compelled
holidays, or even on Sundays, do not,
as a rule, ask permission from the priest, though they should

jejuniorum

et

be admonished to do

so.

ART.

III.

Duties of Rectors, especially in the United States.

Irremovable parish priests

within two months at the latest from the day

Profession of Faith.

I.

664.

141

are bound,
of their obtaining possession of their parishes, to make a
public profession of their faith (profcssio jidei] in the pre
sence of the bishop, and to take the oath of obedience to

Roman

the

Pius IV.

142

Pontiff,

according to the formula

We said, irremovable parish priests.

laid down by
Now, accord

ing to some canonists, removable parish priests are also, jure

u3
com., obliged to make this profession
according to others
144
It seems certain, therefore, that those rectors,
they are not.
;

at least in the United States,

to

make the above

who

are irremovable, are bound

profession of faith.

Duty of Residence. I. Parish priests are bound

at least, jure ecclesiastico, and that sub gravi to reside in
We say, at least, etc. for whether they are
their parishes.
665.

II.

obligated also jure divino

is

a disputed question.

II.

What

i. Both removable
parish priests are obliged to residence ?
administrators
of parishes that
irremovable
and
pastors 2,
until new pasis, priests placed in charge of vacant parishes
;

139

141
141

14

Craiss., n. 1437.

Cone. Trid.,

De

sess. xxiv.,

Camillis, Inst.

c. xii., d.

R.

14a
144

T-

C.,

t. iii.,

p. 248.

Fac., form,

Bouix,

1.

i.,

n. 27.

c., p.

Craiss., n. 1446.

513

of Parish
tors are appointed

Priests.

4 g-

3, assistants (coadjutores) given to pastors

are unable, by reason of sickness or old
age, to dis
charge their duties 4, other assistants are not bound
the
;

who

by

law of residence, though they should not be absent without

the permission of the pastor or
III. For certain
bishop.
causes rectors may, at times, be absent from their
parishes.

Now, what

are these causes?

than two months a causa gravis

Christiana

i.

is

For an absence of more

required, such as ill-health,

For an absence of only two

months, whether continuous or interrupted, any reasonable

cantas^

etc.

2.

cause {causa aequd] v.g.\ the need of recreation is suffi

cient.
IV. Besides a legitimate cause, the
permission of
the bishop, in writing, is
and
that
even
for an ab
necessary,
sence of one week. If, however, a
is
pastor
obliged to
absent himself without having time to ask for
permission, he
may go away, provided he leave some approved priest in
his place or request a
neighboring pastor to attend to sickcalls

of

and the

his

priests

and inform the bishop, as soon as possible,

absence.
V. According to St. Liguori,
parish
teaching theology, Sacred Scripture, or canon law in
like,

145

public institutions

v.g., in diocesan seminaries

may proba
be
excused from the law of residence, as such
bly
teaching
redounds to the good of the whole diocese
nay, of the en

tire

Church.

The duty

of residence, which

is

particularly
only the

urgent during contagious diseases, comprises not

obligation of physically dwelling in the parish, but
of laboring for its good.
Hence, a pastor cannot
the parochial duties in the hands of his
assistants,

also that

leave

all

but must

personally, unless lawfully hindered, perform some, especial

ly, of the more important ones, such as preaching, adminis
147
He may, however, require his astering the sacraments.
Supra, n. 545. What has been said (supra, n. 544-549) concerning the
residence of bishops applies in most particulars also to the residence
pas.
tors (Bouix, 1. c ., p. 518).
Craiss., n. 1461, 1462.
"

of"

147

Bouix,

1.

c., p.

542.

The Rights and Duties

468

more arduous

sistants to attend to the

duties, such as sick,

attending to out-missions. As a rule, pasters

should reside within the limits of their parishes nay, in the
parochial house, if there be one. VI. Penalties of Unlawful
calls at night,

Absence.

Pastors absent more than two months in the year

without sufficient cause

forfeit,

ipso

facto,"*

their salary, in

proportion to the time of their absence. According to St.

Liguori, however, they forfeit only a part, not the whole, of
their salary for the time they were unlawfully absent for
;

they receive their income not merely for residing, but also
for saying the office and performing other duties.
VII.
Residence of Rectors in the United States.
The law of resi
dence, as was seen, binds not only irremovable pastors, but.

having charge of souls, and hence also

our rectors. 149 Diocesan statutes, with us, usually require that

in general, all priests

rectors should, if possible, obtain the bishop s leave when

160
ever they are to be absent for an entire week at a time.
666.
III. Obligation of offering up Mass for the People ; of

Preaching; of Catechising the Children; and of taking care of

I.
the Parochial Schools.
Obligation of Saying Mass for the
Parishioners.
Canonical parish priests (secular or regular),

even though amovibiles ad nutum, vicars (vicar ii cur at i} of

parochi principals, and priests (vicarii temporales) placed in
charge of vacant canonical parishes until a new rector is ap

bound on Sundays and holidays of obligation to

gratuitously offer up the sacrifice of the Mass for their peo
pointed, are

This obligation attaches, generally speaking, also to

161
but not (except in
parish priests in Ireland and Canada,
some parts of California) to rectors in the United States.
ple.

148

Hence, they cannot in conscience draw or retain such

apply it to the church or the poor of the place.
M* Cone. PI. Bait.
tr. viii., n.
n.
II.,

"*

Stat.

Dioec. Nov.,

Ul

"*

Supra, n. 654, 657.

Prov. Quebec.

p.
II.,

114

13

salary, but

43.
Kenr.,
Dioec. Boston., n. 217.
;

an. 1854; ap. Coll. Lac.,

iii.,

p. 654.

"

mutt

of Parish Priests.

469

In Ireland, however, bishops, by virtue of faculties granted

6, 1876, for ten years, can

them by the Holy See, Aug.

dispense parish priests from the obligation of saying Mass

on suppressed holidays, or those on which the

for their people

no longer bound to hear Mass.

We may here
cannot
add that bishops
compel, though they may exhort,
pastors to furnish priests wishing to say Mass in their
churches with those things which are necessary for the cele
164
II. Duty of
bration, such as altar-wine and the like.
1

faithful are

"

Rectors, even when they are not canonically

Preaching.
irremovable, are bound, on Sundays and solemn feasts,
either personally or, if lawfully hindered, by others, to
155
Sermons should be brief and
preach to their people.
It is
i.e., adapted to the capacity of the parishioners.
plain

common

opinion that rectors who do not, either person

or
ally
through others, preach for one continuous month, or
for three non-continuous months, in the year, sin grievous
the

158

Sometimes, however, rectors may omit sermons in

order to make up for them at a more opportune time.
Thus, it is the custom in some parts of the United States to
discontinue preaching for about two months every summer
ly.

namely, in July and August. Whether the excessive heat

of these months can justify the above practice we leave to
others to decide.
III. Duty of Catechising the Children.
Pastors should also, on Sundays and festivals, instruct the
children in the rudiments of the faith (dactrina Christiana},
In the United
or, as it is called with us, in the catechism.
States, as elsewhere, this

is

done usually

in

Sunday-schools

(scholae doctrinae Christianae], held, as a rule,

afternoon in the church or school-house. 157

every Sunday

The

pastor,

if

cause hindered from personally holding

Sunday.
school, may appoint competent persons to take his place.
lor just

188
"

Syn. PI. Maynutiana. n. 69, 187

C. Trid., sess. v., c. ii., d. R.

"

Phillips,

1.

c.,

p. 347.

ib.

in App., p. 300.

***

Supra, 594

(2).

Craiss., n. 1500.

The Rights and Duties.

470

in this country, as a rule, lay persons, male and female, act

as Sunday-school teachers.
Yet, owing to the difficulty of

obtaining competent and painstaking lay teachers, our rec

tors are exhorted to personally hold, or at least superintend,

This holds true especially where there are

Sunday-schools.

no parochial day-schools. 15
Moreover, children, with us,
that have not yet made their first holy communion should,
times during the year (v.g. during the Ember
be
instructed
days),
by the pastor, and thus prepared either
for confession or for their first holy communion.
IV.
Duty relative to Catholic Day-ScJiools. Experience teaches
at

stated

11 9

that the public or comnion schools in the United States,

owing to their very system, the text-books used, and the
class of children frequenting them, in most cases endanger
both the faith and morals of Catholic children sent to

them. 160

Catholic parochial dayschool, where not merely secular knowledge, but also reli
gious instruction, is imparted to the children, should be

168
180

therefore, a

If possible,

Cone.

PI. Bait. II., n. 435,

Ib., n.

426-430

De

cfr. Syll.,

159

438
prop. 48.

Cone.

The schema

(c.

PI. Bait. IL, n. 442

xv.) of the Council of

sanctissimorum jurium violationes, quae nostra aetate

perpetrantur, ilia est vel maxi ne perniciosa
qua fraudulent! homines contendunt, sc/iolas omnes directioni at urbitric solius.
the Vatican

"

Ecclesia"
.

proposed:
.

"Inter

Quin eo usque progress! sunt, ut Ipsam

Catlwiicam religionem a publica educatione ar^ere, atque univtrsim sikolas nulliu*
professionis religiosae \v.g., the public schools in the United States], sed litte? et

potestaiis laicae subjiciendas esse.

nas tantummodo

esse debere dicant.

que corruptelas, ex ipso

Contra hujusmodi sanae doctrinae morum-

fine Ecclesiae

...

jus et officium,

vera fide et

quo ipsa (Ecclesia) pervigilat,

sanctis moribus rite instituatur.

ah omnibus agnosccndum est

ut juventus Catholica in primis

Quare declaramus et docemus, jura praedicta atque officia ad Ecclesiam pertinere "... (Martin, Doc.,
In connection with this schema a proposal (postulatuni) was made in
p. 47).
the Vati an Council that all mixed s^liools (called common or public sch oh ID
the

United

States),

without exception, should be declared

pernicious

condemnable by the Vatican Council (Martin, Arb., p. 76; Doc., p.

Cfr. Instructio De Schol. Publ. in Feeder. Stat. Americae Septentr., Nov.
1875, in

Append.,

p. 432.

and
QO>

2<*

of Parish

Priests.

471

established in every congregation. The pastor should fre

161
visit it and see that it is efficiently managed.

quently

IV. Rig/tts of Rectors respecting the Administration

667.
the
Church property
of
Temporalities of their Congregations,

both by ecclesiastical and divine right, exempt from the

Hence, i, laws enact
jurisdiction of the civil government.
in
the
United
ed, v.g., by legislatures
States, incapacitating
is,

Church corporations from acquiring more than a certain

102
2.
specified amount of property, are null and void.
Church property should, as a rule, be exempt from taxa
tion.

163

3.

Rulers confiscating such property as belongs to

by reason of their churches or benefices incur,

ecclesiastics

excommunication, reserved at present, spcciali

modo, to the Pope, according to the C. Ap. Scdis of Pius
164
IX.
Civil governments may, however, obtain, by conces
sion of the Holy See v.g., by concordats a certain share
ipso facto,

tn

the administration of

What can

668.

Church property.

or should a

do in regard

rector

the temporalities of his congregation ?

to

tlie

He

management of
should make an inventory of all goods belonging to the
Church, a copy of which should be sent to the bishop to be
filed in

among

I.

the episcopal archives another should be preserved

the records of the parish. According to the C. Ap.
;

Sedis of Pius IX., it is, generally speaking, forbidden, under

to alienate (i.e., to
pain of excommunication latae sententiae

mortgage, lease for more than three years, etc.) Church

166
or, as others express it,
property, movable or immovable

sell,

immovables (bona eccl. immobilia) and valuable

movables (mobilia pretiosd)
without permission from the

ecclesiastical

I6:

Holy See.
161

Cone.

We say,

Phillips,

Com

generally speaking ; for ecclesiastical

PI. Bait. II., n. 431.

141
"

(a)

1.

c.,

n. 129, 130.

Cfr. Konings, n. 620, 621.

Com., n. 64, 65 Avanz. (n), pp. 82, 83.
This excommunication, not being reserved, is absolv">

1M

p. 431.

169

by any ccnfessor.
Ferraris, V. Alienare, art.

Phillips,
i.,

n. 3.

1.

c., p.

481.

The Rights and Duties

472

things
are of

We

may be
little

alienated without Papal leave v.g., if thev

if recourse to Rome is difficult, etc.

or no use,

of considerable value; for things, both movable

and immovable, worth, v.g. only $25, or, according to some,
168
$100, may be alienated by leave from the bishop.
Whether
say,

(b~)

the above law, requiring the pontifical permission for the

alienation of Church property, has, by virtue of custom to

the contrary, ceased to be obligatory outside of Italy, seems

a disputed question.
Does it obtain in the United States
v>9

with regard to all alienations

involving a sum greater
than $5000."
As, however, it. would be difficult, considering
our peculiar circumstances, to have recourse to the
It does,

Holy

See every time an alienation involving more than $5000 were

to take place, the Holy See, by decree dated
Sept. 25; 1885,
granted to all our bishops, for ten years from the day of the
promulgation of the Third Plenary Council of Baltimore, a
dispensation from the obligation of obtaining the

Papal per
(Cone. PI. Bait. Ill,, p. ciii.) 3. Apart from these
restrictions, the pastor is the administrator ex officio (admin
mission.

istr.

natus) of the property of his congregation.

His rights,
matter are always subordinate to the au
thority of the bishop, to whom belongs, as the Third Plenary
Council of Baltimore (n. 272) says, the
tutela et superior adin this

however,

"

ministratio
fore,

it is

bonorum

and whose duty, there

church and ecclesiastical or pious

dioecesanorum,"

to see that in each

establishment of his diocese, the church

property shall be
administered.
The
rector
must, therefore, give in a
wisely
financial statement when required to do so, and, in
general^
observe the regulations of his ordinary concerning the ad
ministration of

Church property,

so long as they do not

conflict with the general laws of the Church or the enact

ments of the Popes. 171 The Third Plenary Council of Balti.

more
168

(n.

272) enacts that all rectors in the United States shall

Craiss., n. 1507, 2915.

J69

C. PI. Bait. III., n. 20.

wi

Craiss., n. 2922-2925.

Bouix,

1.

c., p.

600.

Rights and Duties of Parish Priests.

473

II. Can the

give the bishop a financial statement every year.
the
be
committed
to lay
temporalities of parishes
management of

men

to trustees, as in tJie

v.g.,

vided these

United States?

It can,

pro

men

are appointed by ecclesiastical authority.

Rectors in the United States should not appoint their lay
172

trustees without the consent of the bishop.

Again, apart
from the ordinary expenditures, trustees (aeditui, matricu-

procuratores, magistri fabricae], with us, cannot, for any

special object, make outlays exceeding- $300 without the

larii,

173

written permission of the bishop.

and others, with us, appropriating

Moreover, lay trustees

Church moneys or prop

incur, ipso facto, excommunication

erty to their own uses
simpliciter reserved to the Pope according to the C. Ap.
174

Sedis of Pius IX.

trustees

the

mode

For other rights and duties of lay

appointment their qualifications,

of their

see the excellent regulations made

Third Plenary Council of Baltimore, n. 284-287.
V. Several otJicr Duties and Rights of Rectors.
669.

meetings,

etc.,

by the
i.

The

Council of Trent requires them to keep two registers: one

of baptisms (liber baptismoruni), the other of
marriages (liber
In the United States, as in most other

matrimonioruni)

countries, they are obliged, moreover, to keep a record of

177
the Roman Ritual
persons confirmed, and of interments
;

also exhorts pastors to keep a liber status

animarum i.e., a
name and condition of each parish
Moreover, in some of our dioceses bishops require
to have a register of first communicants.
2. The

register containing the

ioner.

rectors

Third Plenary Council of Baltimore (n. 275) also obliges our

rectors to have a Day Book or Journal in which the
receipts
and expenses of the mission are carefully recorded and the
assets

"

"

and

Cone.

liabilities

accurately noted.

PI. Bait. II., n. 198.

Avanz.

(34);

Phillips,

1.

Konings,

c., p.

347.

n. 1740;

"

Ib. ( n. 201.

Com.,

"4

Ib

IQ7

n. 65 (20).

Cone.

PI. Bait. II., n. 222.

CHAPTER
"
>T

X.

ASSISTANT PRIESTS, CHAPLAINS, AND CONFESSORS.

ART.

Of

I.

Assistants of Rectors,

and of

Chaplains.

Assistants or vicegerents (vicar li, cur at i, coopera*

tores, coadjutores, adjutores] of rectors are
chiefly of four
kinds: i. Those who are deputed to take
charge of vacant
670.

I.

parishes until a new rector is appointed.

They are usually
styled oeconomi or administratores.
parish, upon

falling

vacant, whether

by the death, removal, or resignation of its

pastor, should, pending the appointment of a new rector, be
In the
placed, as soon as possible, in charge of a vicar.
1

United States, as elsewhere, the appointment of these vicars

belongs to the bishop. 2. Those who have charge of a
with us, as else
parish during the absence of its rector
;

where, they are usually chosen by the pastor (before he

goes away), with the consent of the bishop. Their salary
is determined
by the bishop.
3. Assistant priests proper
or those priests who are appointed
to assist those pastors who (a] actually reside and exercise
the cnra in their parishes, and (U] whose parishes are too
(vicar ii parocJiialcs],

be attended to by one priest. These alone can,

strictly speaking, be called assistants, the two foregoing
kinds being rather vicegerents than assistants.
DC jure
communi, the appointment of these assistants belongs to pas
2
We say, de jure communi ; for in
tors, not to bishops.
large to

Bouix,

De

"

Paroch.,

p.

630.

Ib., p. 434.

474

On

Assistant Priests, Chaplains,

countries

many

v.g., in

and

Confessors.

475

Canada, Ireland, the United States,

they are now appointed by the bishops, though fre

quently at the suggestion of the rector to whom they are
The bishop also determines their salary and
assigned.
etc.

changes them.

Assistants have,

by

their very appointment

the sacraments (excepv,

power
of course, those of confirmation and order), unless their facul
6
ties are expressly limited.
4. Those assistants (coadjutores)
to administer

as assistants,

all

whom the bishop associates with rectors who, though other

wise of irreproachable character, are incapable of properly
governing their parishes, either because they are too illite
rate or afflicted with continual infirmity, bodily or mental.
In this case the appointment of the assistants pertains, jure
6

to the bishop, not to the rector.

II.
671.
CJiaplains (capellani} are

covi.,

prisons, and the

priests

attached to

like for the

hospitals,
purpose of exercising
7
the sacred ministry.
Their peculiar rights and duties are
usually determined by the ordinary according to the re

quirements of the institutions or places with which they are

There are various kinds of chaplains namely,

chaplains (a) of nuns or convents, () of colleges or other

connected.

similar institutions,

(c]

of hospitals, asylums, protectories,

The Provincial
prisons, and the like, (d) of soldiers, etc.
Council of Dublin requires chaplains of soldiers, prisons,
and other public institutions, at stated times, to inform the
bishop of the moral and religious condition of these institu
8

Chaplains of nuns or sisters (capcllani monialium)

should be of mature age i.e., about forty years of age. II.

tions.

"

I.

C. Queb.

II., an. 1854

ap. Coll. Lac., iii., 657.
6
Craiss., n. 1519.
Syn. PI. apud Maynooth, arm. 1875, n. 217.
number of German bishops proposed, at the Vatican Council, that, in re
;

gard to pastors incapable of governing their parishes, bishops might be

allowed not only to give them assistants with powers of administration, but
also to transfer

them against

their will or retire

them upon a suitable pension

T

(Martin, Doc., p. 172).

1

C. Prov. Dublin., an. 1853, ap. Coll. Lac.,

iii.,

Devoti,
p

805.

1.

i., tit. iii.,

n. 93.

On Assistant

476

Priests,

Military chaplains (capellani milituni), in order to be able to

administer the sacraments of penance, Holy Eucharist, and
Extreme Unction to soldiers in garrison or stationary camps
to soldiers in the United States stationed in forts), must,
as a rule, be approved by the bishop of the place where the
(v.g-,

quarters are situate, unless they have special faculties from

9
the Holy See.
say, in garrison ; for chaplains of sol
diers mobilized or actually engaged in military expeditions

We

10

can administer the above sacraments, and also at least,

where the Tridentine decree Tametsi is not published the
sacrament of matrimony, without the approbation of the.
bishops of the places where they

may

If soldiers in

be.

stationary camps have no military chaplain, they are to be

considered vagi, and, consequently, fall under the authority

As regards
the
following
subjoin
chaplains of ships (capellani navimit),
11
of the Holy See! Dubinin: "An sacerdotes iter
decision
of the pastor of the place

where they

are.

III.

we

transmarinum suscepturi, facultate ob ordinario loci unde

naves solvunt, donari possunt, ad excipiendas fidelium con"

Responsum : Posse sacer

arripientes ab ordinariis locorum, unde naves
"

fessiones,

tempore navigations

dotes iter

solvunt adprobari, ita ut itinere perdurante, fidelium, secum

navigantium confessiones valide ac licite excipere valeant,

usque

dum

perveniant ad locum, ubi alius superior ecclesi-

From this
asticus jurisdictione pollens constitutus sit.
decision it follows I. It is certain, at present, that priests
for instance, in the United States
embarking for Europe
"

be approved for confessions by the ordinary of the port

whence the vessel starts or weighs anchor, and that, by

may

virtue of this approbation, they may, even out of the case of

necessity, administer the sacrament of penance to their
*
10

f.

Craiss., n. 1544.

Konings,

P., p.
11

n. 1394, q. 15

cfr.

Brief of Pius IX., July

6,

1875, ap. Analecta

1136 (14 ser.)

C. S. O.,

Marcn

"

17, 1869.

Ap. Past.

Blatt. Si. Louis, Sept., 1876.

Chaplains,

and

fellow-passengers during the voyage

a port

where another ordinary

477

Confessors.

i.e.,

resides.

until they land at

13

2.

Where

or ocean steamer puts to sea from several ports

a vessel
v.g., first

New

York, then from Boston priests going aboard at

New York may be approved by the ordinary of New York,
and priests embarking in the same vessel at Boston by the
from

ordinary of Boston.

ART.

Of
i.

II.

Confessors.

Confessors who are neither Canonical Parish Priests,

nor Vicars-General, nor Regulars.

Of

Not only the potestas,

Necessity of Approbation,
ordinis, but also \he pstestas jurisdictionis, is required in order
I.

672.

that one

may

valiclly

impart sacramental absolution. Hence,

(a) be a priest,

the minister of the sacrament of penance must

14

Canonical
and have permission to hear confessions.
their
receive
this
jurisdiction by
very appoint
parish priests
ment as pastors other priests must have the permission or
(&)

approbation of the bishop.

Strictly speaking, approbation

from the giving of faculties (collatio juristhe former is merely an authentic declaration by

(approbatio) differs
dictionis)

the ordinary that a priest is qualified to hear confessions

the latter confers the power itself in actn to do so. Still, as
;

both are usually given simultaneously to secular

two terms have come to be used synonymously.
whom is the approbation or faculty to hear confessions to

at present

priests, the

By

II.

be given f

are heard.

the bishop of the place where the confessions

Hence, priests approved for one diocese cannot

By

hear in another by whose bishop they are not approved. The

same holds of regular confessors, so far as their hearing secular
persons (lay or clerical)
11

Cfr. Craiss., n. 15

is

concerned.

By

the bishop
M

JQ.

we

here

Supra, n 224.

On

4.-s

Assistant Priests,

mean

also vicars-general, chapters,

vicars-capitular (with us,
administrators), and prelates having jurisdictio episcopalis.

The

bishop, even while out of his diocese,

permission to hear in his diocese. III.

may

give priests

Withdrawal,

Parities.

I.

The bishop cannot

etc.,

of

() or
give but limited faculties, (r) or withdraw them, whether
limited or unlimited,
except for just cause. We said, law
fully; for the bishop may, even without cause, validly re
16
fuse, restrict, or withdraw faculties.
2. Faculties conceded

by the bishop without

lawfully

(a) refuse,

of tii,.--^.^-., those
granted
revocable
at any time, do not/
though
however, of themselves lapse by the death or removal of
usque

limit

ad revocationem

the bishop by whom

they were given.
This, however, does
not hold of faculties conceded
by bishops ad beneplacitum nos
trum or ad arbitrium nostrum."

Of

2.

Confessors

who are Vicars-General and Canonical

Parish Priests.

Vicars-general do not require an approbation 01

from the bishop for confessions. For
they have, by
their very appointment to the
vicar-generalship, jurisdictio
ordinaria throughout the diocese. 18
II.
Canonical parish
priests, in like manner, do not need any approbation to hear
673.

I.

faculties

their

own

19

parishioners,

even out of their parish or diocese.

They cannot, however, out of their parishes, hear nonparishioners, unless they are expressly or tacitly
approved
by the bishop for this
Rectors in the
purpose.
United
not being canonical parish
priests, cannot hear con
fessions by virtue of their
appointment as rectors, but must
20

States,

16

Konings,
"

v
"

10

n. 1392, q.

4, 5, 6.

Ferraris, V. Approbatio, art.

i.,

n.

ro

Bouix,

Konings, 1393.

Or others coming to them in their parishes.

As to California, see supra, n. 654.

De

Episc
>

8
Supra>

t. ii.,

p. 246.

Chaplains,

and

be approved by the bishop.

are, as a rule,

approved
3.

479

Confessors.

Rectors and assistants, with

whole diocese.

us,

for the

Of Confessors who

are Regulars.

Regulars, unless they are canonical parish priests,

to be able to hear seculars, must, like secular priests, be ap
674.

I.

proved by the bishop of the place where they hear the confes

We

say, seculars ; for, so far as concerns their hearing

(male) members of their own order, they are approved, not
sions.

21
It is, however,
by the bishop, but by their own superiors.
the common opinion that although they must be approved
by the bishop or their prelate, they nevertheless receive juris
diction directly from the Pope. II. The bishop cannot, with
out just cause, lawfully, though he may validly, refuse regu

hear seculars (lay or clerical). He may limit

such faculties as to time, place, or persons at least, in the
case of regulars who might be somewhat more competent.
lars faculties to

We

say, at least ; for,

according to Bouix,

22

a bishop,

upon

examining regulars prior to approving them for seculars,

and finding them entire \y qualified (generaliter idoneos) to
hear confessions, must give them unlimited faculties. Bene
dict XIV., however, according to Bouix, holds the contrary.
Again, the bishop may, as a rule, withdraw from individual

We

regulars faculties to hear lay persons.

say, i, as a rule ;
for if he himself has, upon previous examination, given them
unlimited faculties, he cannot himself deprive them of, or

even

ex nova superveniente
causa confessioncs concernente"
say, 2, from individual,
etc. for he cannot, without the consent of the Holy See, with
restrict,

their faculties, save

"

We

draw

faculties

from

all

the

members of a

religious

community

except
faraway from the Holy See, and then only
causa.
III. Can regulars sometimes confess A
ex gravissima
in countries

priests not belonging to their order ?

*l

Supra, n. 618.

M De

Jur. Reg.,

Professed
2S

t.

ii.,

p. 230.

members

Bouix,

1.

c., p,

of re
243.

On

480

Assistant Priests,

of their
ligious orders should, as a rule, confess to confessors
and lay
for
novices
own order.
say, first, professed, etc.

We

servants living in the monastery can go both to the religious

confessors of the monastery who are not approved by the

bishop to hear seculars, and to extraneous priests having facul

We say, secondly, as a
ties from the bishop to hear seculars.
rule

for,

in

i,

time of jubilee they can, without permission

from their superiors, confess to any priest approved by the

from censuresbishop, and be absolved by him, even, as a rule,
24

2. In case of necessity
the
out
of
or
!/.-., if, while travelling
monastery, in order to
25
have no confessor
preach, give missions, and the like, they
of their own order within reach they may, by the presump

inflicted

by the regular superior.

tive permission of their superior, confess to

any competent

even though not at all approved

priest, regular or secular,
2
for confessions.
Observe, by regulars we here mean only
"

professed

members of orders approved by

the

Holy See

nay,,

only such as are exempt from episcopal authority.

4.

States.
Confessors of Nuns, especially in the United

Dejure communi, a special approbation is required to

hear
nuns proper that is, nuns having solemn vows
validly
and observing Papal (or canonical) enclosure. We say, a
or regular, ap
approbation ; hence, (a) priests, secular
675.

special

and
proved by bishops in the ordinary manner only, (b)
unless
even canonical parish priests, cannot,
specially ap
is this special ap
whom
them."
hear
for
nuns,
By
proved
of the place where
probation to be given ? By the bishop
if the nuns are
that
the nuns are heard.
Observe, however,
of their confessor
subject to regular prelates, the designation
to the
belongs to the regular prelate, the approbation proper
M
"

26

Varc., p. 195.

Bouix,

1.

priests only
97

Ferraris.

who
1.

Ferraris,

1. c.

art.

ii

n. 9-15.

confes*
Capuchins, however, can, in the above case,
are approved by the bishop of the place.

c., p. 252.

c., art. Hi., n. i-d.

and

Chaplains,

Confessors.

481

if they are subject to bishops or directly tc the

the appointment in full that is, the designation
See,
Holy
As a
as well as the approbation pertains to the bishop.
a
convent.
be
for
appointed
rule, but one confessor should

cishop

The ordinary

confessor, even of nuns, having but simple

can
be
vows,
appointed neither for a longer nor a shorter
period than three years. But in the United States and
other places where it is customary to appoint them without
limit of time, their approbation

word or deed.

29

cannot, unless he

is

valid until

is

withdrawn by

confessor appointed for one convent

for

approved

nuns

in general, validly

hear nuns in another convent.

Extraordinary confessors
should be given nuns two or three times a year. A confes
sor appointed to act once only as extraordinarius cannot do so
29
a second time, unless he is reappointed.
6/6. Confessors of

Nuns

or Sisters in the United States.

has been thus far said applies chiefly to nuns bound

therefore ask Is a special approba
by solemn vows.
tion necessary to hear the confessions of sisters or nuns in

What

We

We

premise All our sisters, with the

exception of those of several houses of the Visitation, or
where a special Papal rescript has been obtained, have but
the United States

We

now answer i. It is certain that, de jure

simple vows.
In other
particulari, a special approbation may be needed.
and
that
confessors
ordain
our
pastors
words,
bishops may
:

a special appro
general cannot validly hear sisters without
2. But is such special approbation requisite with
bation.
in

There are two opinions. Kenrick"

us, de jure communi?
holds the affirmative. Others, who maintain the negative,
contend that everything depends upon the will of the
bishop

simple vows.*
Kenr.,

tr. xviii.,

29

Bouix,

1.

L.

c., n.

c..

is

the desire of the

Holy See

be appointed for nuns having but

28

30

it

that, nevertheless,

that special confessors

p.

139; Gury.,

258; Ferr.,

142; Bouix,

De

1.

t.

c.,

Episc.,

ii.,

n. 565.

n. 8, 9.
t. ii.,

p. 255.

31

Konings,

n. 1399, q. 2.

On

482

Assistant Priests,

As a matter of fact, prior to the Third Plenary Coun

Baltimore
of
(Nov. 1884), in some of our dioceses a special
approbation was required in others, not. The Third Plen
f^lf

cil

ary Council of Baltimore

(n. 96, 97),

wishing to introduce uni

formity of discipline in this matter, lays down the following

regulations to be observed for the future all over the United
States

"

1.

Neque negligant

episcopi, pro sororibus etiam sim-

plicium votorum, sequi praescriptionem ecclesiae quae vult

ut pro sanctimonialibus ab ordinario vel aliis superioribus
turn confessarius ordinarius constituatur turn aliquoties per
annum extraordinarius deputetur." (Cf. Cone. PI. Bait. II.,
n. 417.)
2.

"

Confessarius ordinarius

nisi aliter necessitas

su adeat,

eadem communitate mnnerc suo nonfungatur

Facultates necessarias ad confirmationem confessarii, ratione
nostrarum condition urn, impetrabunt episcopi a S. Congreultra tres annos pro

gatione.
fessiones

Extraordinarius saltern bis vel ter in anno ad con-

omnium

excipiendas sese praesentabit ast etiam

aliquando particularibus monialibus saepius eum postulanti-

bus non

denegetur."

These regulations, so

far as regards the ordinary

con

fessor, apply chiefly to sisters living in tJieir convent or motherhouse.

For, where sisters or nuns with us teach in parochial

schools, and consequently live near the school and out of

their convent, the rector of the church to which they are

attached

is

generally regarded by virtue of his office as their

In this case, the rule that the ordinary

ordinary confessor.

confessor should be changed every three years (now six

years) does not hold, at least with regard to sisters, whose
rule allows them to go outside to any priest, as sisters of

Nor

necessary that it should hold. For, these

sisters attached to parochial schools are generally changed

charity.

is it

every two or three years, and are thus given a new ordinary
M The
Holy See

has recently extended

this

space of three years to six years.

Chaplains,

and

Confessors.

confessor in the person of the rector of the

which they are transferred.

Again, as

all sisters,

33

with us (since there

new

place to

no special

is

Papal rescript exempting any of them), are subject to the

bishops of the dioceses where they are, their confessors,
ordinary and extraordinary, are designated as well as ap
proved solely by the bishop of the place where the confes
sions are heard.

Hence, the regular prelates (i.e., abbots,

generals, provincials) of the Benedictine, Dominican, and
Franciscan orders in the United States cannot
present
to bishops the confessors respectively of Benedictine, Do
minican, and Franciscan sisters in this country a fortiori,
;

neither can these superiors

34

themselves hear such nuns

without episcopal approbation.

5.

Of Confessors
tions

and

in relation to

Censures, as

Reserved Cases

in force at present,

Of Reserva
according

to

Ap. Sedis" of Pope Pius IX., issued Oct. 12, 1869

Special Powers of Bishops in the United States respecting

Const.

these Reservations.

reserved cases (casus reservati] are

meant certain more grievous sins from which ordinary or
inferior confessors cannot absolve without a special
approba677. Definition.

81

Konings,

M In

By

n. 1399, q. 2.

no special approbation
nor in the archdiocese of Bahimore.

the diocese of Boston

of Charity

is

needed

to hear Sisters

33

As Sisters of the orders of SS. Benedict, Dominic, etc., with us, have
but simple vows, they ate subject not to the regular prelates of the above
orders respectively, but to bishops. The sixteenth ch. of the schema (relative
to religious) of the Vatican Council

proposed that all sisters with but simple

vows, even though under a superioress-general, should be entirely subject to

bishops, except in regard to their constitution as approved by Rome (Mart.,

p. 127).
Again, the above nuns are not bound by the law of Pap;il en
closure. But the c. vi. of the schema "de clausura" of the Vatican Council

Arb.,

proposed

vows
84

to enjoin enclosure in a moderate form

on

all

nuns having but simple

(Mart., Doc., p. 238).

Whether regular

prelates can, without episcopal approbation,*hear nuns,

disputed question (Bouix, De Jur. Reg.,

United States are subject to regular prelates.

subject to themselves, is a

No nuns

in the

t.

ii.,

p. 257).

On

484
tion.

1.

Assistant Priests,

As

Conditions of Reservations.

served unless

it

is

(a)

mortal,

external,

(b)

We

35

complete,

(e)

committed by

a rule, no sin

adults.

(c)
i,

say,

is

re

certain, (J }

mortal;

for,

atrodora quaedam ct
according to the Council of Trent, only
be reserved. The sin should be
graviora crimina should
also externally. 2. External,
mortal, not only internally but
never merely in
the Church sometimes reserves occult? but
Certain; hence, no reservation is incurred
ternal, sins.

3.

or
where it is doubtful (a) whether the sin was committed
whether it is mortal internally and externally (dubium facti )
4. Complete ; thus,
it is reserved (dubium juris).
(b) whether
a
person merely inflicting
where murder is reserved,
;

incur the reser

wounds, even though serious, does not
stated.
5. Commit
vation, unless the contrary is expressly
and
fourteen
under
girls under
ted by adults; hence, boys
the
contrary is
twelve years of age do not, except where
This fifth condition, however,
stated, incur reservations.
II.
not admitted by all.
the Church only
prelates of

is

diction both

in

foro intcrno

Who

can reserve cases?

that

who have

is,

those

and externo ;

The

juris

other words, the

in

Church, the bishop for his diocese, supe

communities. Ac
riors of religious communities for such

Pope

for the entire

are divided into Papal, episcopal,

cordingly, reserved cases

order to be
the
able to reserve more than the eleven cases permitted by
have the consent of the general chapter
jus commune, must
whole order if the reservation is to extend over the

and regular.

Regular

prelates,

however,

in

of the

entire order,

and of the provincial chapter

if

only over the

Not only professed members (whether

Note.
province.
of exempt orders, but also their
priests or lay-brothers)
are accepted for the
novices, candidates from the time they
as a rule,
order, and servants living in the monastery, are,
37

exempt from episcopal reservations.

HI. Does ignorance of the censure or reservation pre-

678.

"

Craiss

n. 1596-1601.

Cfr. supra, n. 580.

37

Varc.. pp. 739, 743-

and

Chaplains,
vent

its

being incurred?

reservations,

we

the question

is

As

distinguish
with or without censure. If

Does

it

The

it is

sin

is

485

As

does.

it

to

reserved, either

reserved without censure,

with censure, we must

If

reserved either to the Pope 38

is certain that
ignorance exempts from the
also exempt from the latter ? The
question

again distinguish
or to bishops. It
former.

to censures,

controverted.

The

Confessors.

case

is

3fl

and others, it does, if

disputed. According to Varceno
the case is reserved to
bishops by the jus commune v.g. the
three excommunications reserved to
in the Const.
is

bishops
the sin is reserved by the
bishop himself, whether in or out of synod, ignorance ex
cuses merely from the censure, not from the reservation,

Ap. Scdis of Pope Pius IX.

but

if

Others, however, hold that ignorance excuses from all reser

vations, whether Papal or episcopal, whether with or with
40
out censure, chiefly because reservations are
always penal.

Who

679.

can absolve from reserved cases ?

i.

The person

reserving; 2, his superior or successor;

3, those
sometimes
persons just mentioned
4,
41
It is certain,
according to the C. Ap. Sedis of
that regulars can no longer absolve from cases

by the

by the jus commune (v.g., by the

Can a person who has incurred a reservation

to bishops
I.

cese or place
is

of domicile confess

not reserved,

There

delegated
inferiors.

is

and there

C.

Pius IX.,
reserved

Ap.

in his

in another diocese

Sedis}"

own

where the

dio
sin

be absolved by

any ordinary confessor ?

question of cases reserved, either with or without

As to the latter, we reply in the affirmative, with

the proviso already mentioned. 43 As to the former
(i.e., cases

censure.

with censure), we distinguish: The censures are reserved

either ab Jiomine, and that per sententiam
particularem, or a

As to the first, we reply negatively, such censures

absolvable
being
by the person only who inflicted them, or
jure.

"

"

See

infra, n. 63i.

Cfr. Craiss., n. 1630.

P. 744

<

Bailer, ad Gury.,

Cfr. supra, n. 582.

t.

ii.,

n. 711

"

Supra

n. 582.

On

486

Assistant Priests,

by his successor, superior, or one delegated by thei.i. As to

the second, the question is disputed.
Practically, the affir
mative may, by reason of custom, be acted upon, provided
the penitent does not act chiefly in fraudem legist
II. Can
an ordinary confessor, out of the above case, sometimes absolve

from

reservations ?

He

can, in

two cases:

I.

In articulo or

In this case he can absolve notonly from

but also from reserved censures, arid that
even though the superior or confessor having the requisite
45
special faculties be present or within reach.
Nay, in de
fault of an approved priest, any priest can so absolve.
Now,
is a penitent thus absolved
obliged, in case he survives, to
periculo mortis.

reserved

sins,

present himself, as soon as convenient after his convales

cence, to the superior or confessor having the requisite
special faculties?

If the case is reserved without censure,

with censure, he is, though at present, accord
ing to Varceno, only in case he has incurred one of the
tourteen censures reserved, speciali modo, to the Roman Pon

he

is

not

if

by our Holy Father Pius IX. 2. In case of necessity ;

thus, if it is impossible, even by letter, to recur to the supe
rior, and there is a pressing cause
v.g., clanger of scandal or
tiff

loss of

good name, arising, v.g., out of a priest s omitting to

say Mass any ordinary confessor can absolve indirectly from
cases reserved to the bishop, or even to the

Pope

if

the

We say, indirectly hence,

bishop cannot be applied
the penitent must afterwards present himself, when able to
do so, to a confessor having power to absolve from the reser
to."

vation (practically, to the same confessor, after the latter has

obtained the necessary faculties from the bishop).*
680. In how many ways can cases be reserved ?
In two
i. Ratione sui tantum
that is, without censure, and merely
7

because of the

**

**

Craiss., 1612

Craiss., 1618.

sin.

2.

Ratione censi rae

Varc., p. 746.

that

is,

with and on

46

Varc., p. 748.
"

Konings,

n. 1403.

and

Chaplains,

Confessors.

487

account of censures.
Observe, most episcopal cases are
reserved without censure
nearly all Papal cases, with
;

censure.
1

1.

68 1. Censures reserved at present to the Sovereign Pontiff.

Hoiv many cases are now reserved to the Pope witJwut cen

These two:

If any one (male or female), either

or
through others, falsely accures an innocent
personally
crimen
sollicitationis before ecclesiastical judges
the
of
priest

sure ?

i.

a person accepts from religious proper of either sex gifts

worth more than ten Roman scudi (dollars). Ferraris, how
ever, holds that this case is not reserved to the Pope.
Moreover, a decision of the S. Poenit., March 15, 1861, as

2, if

sumes

it

to be reserved

merely to

bishops."

Observe, not

the religious who makes, but the person who accepts, the
Again, religious proper of
presents incurs the reservation.

both sexes may, with leave from their superiors, make dona
tions for various reasons
v.g., in token of benevolence, to

needy relatives and persons accepting gifts thus prof

50
II. How many cases are
fered do not incur the reservation.
assist

at present reserved to the Pcpe with censure (ratione ccnsurae] 1

premise At the present day, according to the C. Ap.

We

Sedis of Pius IX.,

by which the

ecclesiastical censures latae

were limited, the cases reserved to the Sovereign

with censure (namely, excommunication), are of two
kinds: i. Some are reserved speciali modo that is, in such

sentcntiae
Pontiff,

manner as to be absolvable neither by bishops (unless they

obtain, like bishops in the United States, special and express
faculties from Rome to do so), nor by others howsoever
4S

number

of French and

German bishops submitted proposals

at

the

Vatican Council requesting that the cases reserved to the Pope, with or without
censure, be reduced to as small a number as possible, if not altogether abol

and that each new Pontiff, in the beginning of his pontificate, should
deign to publish to the entire Church a list of cases he intended to reserve to
himself, with the provision that all reservations of former Popes not contained
ished,

this list

should

Doc., pp. 155, 171).

I r

considered
49

as. eo ipso,

abrogated (Murtin, Arb.,

Craiss., n. 1603.

6l)

p.

106

Varc., p. 740

On

488

Assistant Priests,

51

otherwise privileged.
2. Others are reserved simpliciter
that is, in such manner that bishops as Papal delegates in occultis, where the Council of Trent is received, and others
"au

thorized in a general
absolve from them."

manner to absolve from Papal

We

now answer At
:

cases,

may

present only four

53

teen cases are reserved to the Pope, speciali modo (namely,

twelve in the C. Ap. Sedis, Oct. 12, 1869, and two respective.

by the C. Romanus Pont ifex, Aug. 28, 1873, and decree 5.

Pocnit., Aug. 4, 1876), and twenty simpliciter (namely, eighteen
in the C. Ap. Sedis and two respectively by decree C. S. O.,
Dec. 4, 1872, and EncycL of Pope Pius IX., Nov. i, 1870)."
ly

682. Cases reserved to BisJwps at present.

They

are, as

we

Some are reserved by bishops

others by or in the jus commune v.g., in the C.
Now, t\\ejus commune reserves cases to bishops
6

have shown/ of two kinds

themselves
Ap. Sedis.

either in a general manner, (U] or specifically

i.e., by
What cases are at present reserved in a general way
I.

(<?)

name.

by the jus commune ? i. All cases to which an ex

communication simpliciter reserved to the Pope is attached
to bishops

in the C. Ap. Sedis of Pius IX.,

We say,

simpliciter reserved, etc.

whenever they are

occult."

for bishops cannot,

by virtue of the jus commune, absolve from any of the above four
teen cases reserved, speciali modo, to the Pope, even when
2. All cases whatever reserved to the
they are occult.
Sovereign Pontiff, even though speciali modo in and out
of the C. Ap. Sedis of Pius IX., and even though public or
notorious, when the delinquent is canonically hindered from
;

We

say, in
presenting himself in person to the Holy See.
person ; for he is not obliged to recur to the Holy See by
letter or proxy."
Now, what persons are considered as
unable
to
go to Rome ? The inability is either
canonically

permanent or temporary.
61

M
**

C. Ap. Sedis,

quibus ;
63

Varc., pp. 741, 940.

Supra,

n. 582.

5G

It is

permanent when

Com. Ed. Mauri,

Konings,
Crai ss.

lasts ten,

n. 172.

n. 1717, ed. 3*.

n. 1649.

it

M
"

Ih., n. 1732.

Varc

p.

122

and

Chaplains^

or, according to some, five, years

489

Confessors.
it

is

temporary when

it

continues less than ten or five years (though not if it lasts

The following persons are said to be
less than six months).
permanently hindered from going to Rome Women, ex
:

cept where they are expressly marked with censure,

as nuns

who

are
violating enclosure sexagenarians
poor, labor under chronic and serious diseases, or are con
;

demned

servants

to perpetual

those

imprisonment; those who are obliged

to support a family or administer its property

those

who

a public position which they cannot relinquish without

grave or public detriment religious boys under the age of
fill

puberty, even though they ask for absolution after they at

sons under the control of their
tain to the age of puberty
;

parents

seminarians, soldiers, etc.

cannot go to
tual.

Note.

Rome

finally, all

others

who

loss, temporal or spiri

are permanently unable to present

without grave

Those who

themselves to the Holy See can be absolved absolutely (so

that they need not afterwards, even when they become able,
go to Rome) by the bishop or his delegate those, on the
;

other hand, who are but temporarily unable, can be absolved

by the bishop or confessor authorized by him, even out of
the case of necessity, though only conditionally or ad rcincidentiam, so that if they do not, when able, present themselves

Holy See, they, ipso facto, reincur the censure."

as
bishops can, dejure communi, absolve from the above
Again,
Papal cases, they can also empower their priests to do so.

to the

II.

683.

name
mune

What

reserved
i.e.,

cases

are at present specifically

to bishops in the

jus commune

for the purposes concerned, the C.

i.e.,

by

The jus com

Ap. Sedis of

Pope Pius IX. declares the following persons subject to ex

communication latae scntentiae reserved to bishops or ordi
Clericos in sacris constitutes, vel regulares aut
moniales post votum solemne castitatis, matrimonium connaries

"

i.

68

Com. Ed. Mauri,

n. 167, 168, 173.

On

490

trahere praesumentes
dictis personis

Assistant Priests,

necnon omnes cum aliqua ex prae-

matrimonium contrahere praesumentes.

Procurantes abortum, effectu secuto.

falsis

Litteris apostolicis

3.

utentes, vel crimini ea in

scienter

These three cases only are

2.

re cooperantes."

by name to

at present reserved

bishops in the jus commune.

Wliat special poivers of absolving from Papal cases have

684.

of tJieir faculties fr-om the

They have the power absolvendi ab omnibus

bishops in the United States by virtue

Holy See?
censitris in

M
C.

"

Ap. Scdis, dd. 12

Oct.,

Romano

1869,

Pontifici

etiam speciali modo reservatis, cxccpta absolutions coinplicis in

61
This Papal indult includes all cases whatever
pcccato turpi."

reserved to the Sovereign Pontiff in the C. Ap. Sedis, except

the faculty of absolving, I, one s accomplice in pcccato titrpi ;
2,

a confessor

turpi
63
60

who

dares to absolve his partner

and that even though the case be occult;

3,

in peccato

a person,

Craiss., n. 1653.

In the Vatican Council several proposals were made by a number of Ger

to the effect that the faculties of absolving from

man and French bishops

which the Holy See

Papal reservations, dispensing from impediments, etc.,
time
certain
for
a
to
v.g for three, five,
bishops only
usually communicates
or ten years or only for a determinate number of cases, be henceforward dele
.,

their episcopate (Martin, Arbeiten,

gated to them for the whole term of
61

Doc., pp. 149, 171).

62

However. Pope Pius IX., by decree of the

S.

C.

Fac

solve, e

ausi fuerint,

et

rarum quomodocunque

cum

iisdet/i

twpi confesswnts

form

p. 95

poems

l6 -

"
>

24,

Prop. Fid., Jan

1868, granted this faculty (namely, absolvendi a censuris et

sacerdolcs, qui personae cottiplicis in pcccato

->

ecclesiast

cis-

excipere, camqite ab

super irregularitaie a molalione dictarum censn-

cont/acta dispensandi) to every archbishop, bishop,

and

vicar apostolic of the United States, i, but only for fifteen cases 2, and exercisable by each in his diocese or vicariate, either personally or through his
;

vicar-genera

or through worthy confessors

3,

to

be deputed by himself or his

and with the express mention of

vicar-general specially for this purpose; 4,
the Papal authorization; 5, in favor only of such priests as cannot, without
evident danger of causing scandal among the faithiuf, observe the censures
which they incurred by absolving their accomplices 6, on condition (a) that
thus absolved and dispensed with shall, within two months, o:
the
;

priests

ome

othei

suitable time,

to be

fixed

bv the dispenser, either directly or

and

Chaplains,

Confessors.

491

male or female, who falsely accuses a priest of sollicitatio in

confession
4, from heresy, apostasy from the faith, and
schism in the cases already mentioned."
Observe, Pope
;

Pius IX., by decrees of the S. U. Inq., respectively dated

17, 1866, and April 4, 1871, ordained that in all Papal
concessions whatever, empowering bishops (even of the
United States) to absolve from cases reserved to the Holy

June

See even modo

under n. 2 and

speciali,

the

power

to absolve from the cases

should always be excepted, and that even

expressly as to case n. 2. Hence, the latter case is said to

be reserved to the Pope modo specialissimo" From what has

oeen

said,

it is

evident that our bishops can, except in the

four cases given, absolve absolutely (so that the penitent

need never afterward present himself to the Holy See) from

cases or excommunications whatever,

all

whether reserved

simpliciter or modo speciali to the Pope in or out of the C. Ap.

Sedi s, even when they are notorious
nay, even where the de

linquent can go to Rome.

They can in fact, usually do
communicate these faculties to their priests. 65 Later on (in

a future work),

when we come

to treat of censures,

we

shall

explain in detail the C. Ap. Sedis of Pius IX.

through their confessors, and without mentioning the names, recur to the
S. C. Prop. Fid. and state the number of their accomplices and how often they
absolved from the sin of complicity
and that they be bound to obey the
;

(/>)

C. in this matter, on pain of otherwise reincurring

the same censures and penalties; 7, they should also receive a suitable penance,

orders of the aforesaid

S.

and be commanded to abstain altogether from hearing the confessions of their

finally, all else, as required by law, should be enjoined (Konings, p. Ixxi.; Cone. PI. Bait. II., p. 146, deer, i.)

accomplices
83

Supra,

n. 581 (notes 277,278).

64

Avanz.,

p. 18.

"

?ac.,

I.

c., n.

28

PART

IV.

THE NEW DIOCESAN CONSULTORSIN THE UNITED

STA TES, ACCORDING TO THE THIRD PLENARY
COUNCIL OF BALTIMORE." *
"

HAVING spoken of the rights and duties of bishops, priests,

and other ecclesiastics, it but remains to treat briefly -of the
rights and duties of those ecclesiastics who are the official
and legally constituted advisers of the bishop in the govern
ment of the diocese, also in the United States. According
to the general law of the Church, as still in full force, every
diocese must have a cathedral chapter. This chapter is

constituted

by law the cabinet or advisory board

of the

In the United States there are as yet no cathedral

bishop.
However, the Third Plenary Council of Baltimore
chapters.
decreed that in every diocese a certain number of diocesan

consultors should be appointed, who should be the official

advisers of the bishop, and who should therefore take the
place of cathedral chapters, until the latter could be properly
shall here inquire (a) into the origin and

We

established.

history of bishops
their nature

and organization

* This treatise

is

and elsewhere
their rights and duties.

councils, both here

entirely

new

(c)

(ff)

matter, written for the sixth edition of this

work.

492

CHAPTER

I.

HISTORY, ORGANIZATION, ETC., OF CHAPTERS OR BISHOPS*

COUNCILS, ALSO IN THE U. S.

ART.

I.

Origin and History of Bishops Councils, also in the United States.

I.

when

General History of Bishops Councils, Bishops, even

the apostles were as yet living, associated with them

selves ecclesiastics to assist

them

in their sacred duties.

In

first three centuries of the Church, twelve priests and

seven deacons formed the superior clergy in each diocese,
and were entitled to be consulted by the bishop in the govern

the

ment of the diocese and to administer it when vacant. They

the council and senate of the bishop, and together
with him governed the diocese. Bishops councils, then, are
of apostolic institution.
For, as Nardi sa} s, these Episcopal
councils or senates were instituted in the time of the apostles,
have existed uninterruptedly down to our own day, and will exist

made up

to the

dear

end of

to the

Coronae,

time, bearing as they do the seal of apostolicity, so

Church.

Consessus,

called cathedral
II.

Formerly they were styled Presbyteria,

and Senatus ; now they are

Concilia,
1

chapters."

History of Bishops Councils in the United States. The

of Baltimore, held in 1866, exhorted

Second Plenary Council

bishops to appoint priests

bishop

in the

government

who

should be the advisers of the

of the diocese,

and commended

ti\t

See our article on Cathedral Chapters in the A. C. Q. R., Oct. 1878, p.

3
*
Cone. PI. Bait. II., n. 70, 71.
Bouix, De Capit., p. 7.
710 sq.
493
1

494

History, Organization,

etc.,

practice of calling them together once every month, on a

stated day." Accordingly, in
nearly every diocese, bishops
councils were established.
to the
However,

owing perhaps
Second Plenary Council merely advised \\\z estab
lishment of these bodies, and that it did not define their
particular duties, they were
bishops councils, as a rule, only in
fact tnat the

To remedy

name. 5

this

inconvenience, the Third Plenary

Council of Baltimore decreed and

diocese a certain number of

commanded

that in every

worthy and learned priests

should be appointed diocesan consultors, whose advice the
bishop should be bound to take in certain cases
expressly

enumerated.

ART.

II.

Nature and Organization of Cathedral Chapters, and

of Bishops
Councils in the United States.

Cathedral chapters (capitula

Definition.
catkedralia), in
canonical sense of the term, are bodies of ecclesiastics

I.

the

ecclesiastical

forming
corporations (collegia), subject indeed
to the jurisdiction of the bishop, but nevertheless constitut
ing a separate body or association, under the direction of
their own president or dean,
and
enjoying special
privileges,

established for the purpose of assisting the

bishop, while alive,
in

the government of the diocese,

4

Cone.

and of taking

his place

and

PI. Bait. II., n. 71.

In order to introduce gradually

among us the general law of the Church
respecting cathedral chapters proper, the Propaganda, in the conferences held at

Rome,
in the

in 1883,

with our archbishops, proposed to establish cathedral

chapters
in the full canonical sense of the term, but

United States, not, indeed,

yet in the

manner in which they

exist in England, Ireland,

and Holland, namely,

To this proposal our prelates objected. The matter was

The Cardinals of the Propaganda decided that in the

as corporate bodies, etc.

arranged thus:
Third Plenary Council the establishment of cathedral
chapters should not be
excluded; and that meanwhile Episcopal consultors should be
with
finally

appointed,

certain defined rights

*

and

duties.

See C. P. Bait.

C. Pi. Bait. III., n. 17, 18, 19, 20.

III., n. 17, 18.

of Bishops Councils,

United

also in the

States.

495

governing the diocese when the see is vacant? This definition

expresses in general the nature and organization, as well as
the rights and duties, of cathedral chapters.
In the present
article

we

shall

speak

former

of the

in the

next, of the

latter.

Organization of Cathedral Chapters. Cathedral chap

ters, as constituted in accordance with the general law of the
Church, are moral bodies or ecclesiastical corporations. This is
II.

expressed

Now every association

our definition.

in

or moral

body must have a head, i.e., one who presides over it. Ca
thedral chapters have, so to say, a twofold corporate exist
ence one as the senate of the bishop the other, as a cor
:

porate body of its own. In its capacity of senate and council

of the bishop, the chapter forms a moral body which is one
with the bishop, and of which therefore the bishop is the head

and noblest member.

matters relating to the

the bishop acts as the president
of the chapter, and therefore convenes it and presides over
of the

government
its

Hence,

in all

diocese"

10

meetings.

But

capacity as a body of its own, it is distinct from

not
though
independent of the bishop, and has, like every
other society or ecclesiastical corporation, the right to make
in its

own rules and regulations, and be presided over by its

own officers, in all matters relating to its own internal regime

its

and not to diocesan affairs. Consequently, of the chapter,

viewed under this aspect, the bishop is not the head, nay,
Hence he has no decisive vote in
not even a member.
purely capitular matters. Moreover, the chapter has (in its
second capacity) its own presiding officer or head, who is
11
When the latter dies or is
usually called dean or provost.
absent, the older canon, as a rule,

becomes the head or

presi*

dent of the chapter for the time being.

7

Cf. Ferraris, v. Capitulum, art.

Bouix,

10

De

i.,

Nov. Add.,

Cone. Trid.,

sess. xxv., c. 6,

n. I.
9

Capit., p. 60.

De

Ref.

Ib., p. 174.

Bouix,

1.

c., p.

60.

History, Organization,

496
III.

Our

etc.,

Organization of Diocesan Consult ors in the United States.

bishops councils, as established by the Third Plenary

have no corporate existence,

that is, they have no organization as a separate body, and
hence no presiding officer or other officials of their own.
Council of Baltimore

The bishop

is

(n. 17, 18)

their sole head,

and convenes them four times

a year, or, where this cannot be done, at

stated periods,

12

and always presides

least twice

a year, at

at their meetings.

Ex

traordinary meetings are held as often as occasion requires.

ART.

III.

Diocesan Consultors
Appointment and Removal of Canons and of
in the United States.
full canoni
Appointment. Cathedral chapters, in the
cal sense of the term, can be erected only by the Holy See.
The Pope always proceeds to the establishment of these
I.

of the bishopric,
chapters simultaneously with the creation
13
or as soon thereafter as the state of dioceses admits of them.

common

law of the Church, as at present construed,

the appointment of canons of cathedral chapters belongs
or simultaneously to the bishop and the chapter.

By

the

14

jointly

However, as in practice this mode of appointment is sur

rounded by difficulties, it has become customary in various
dioceses for the bishop and the chapter to make the appoint
ment by turns or alternately, so that each in turn makes the
appointment independently upon the other.
The
II. Appointment of Consultors in the United States.
Third Plenary Council of Baltimore ordains that each diocese
that where this
shall have six, or at least four, Consultors
number can in no wise be had, there shall be at least two"
As to the mode of their appointment, this Council enacts
;

12

Cone.

13

PI. Bait. III., n. 21.

14

This joint right of appointment

15

C. PI. Bait. III., n. 18.

is

Prael. S. Sulp., n. 384.

called jus collationis simultaneae.

number

that one half of the above

United States.

also in the

of Bishops Councils,

shall be

497

appointed solely

by the bishop the other half also by the bishop, though

only on the nomination made by the entire clergy, in the
;

manner

laid

down by

the Council.

The diocesan

consultors,

thus properly appointed, hold their position for three years,

after which they must be either reappointed or others

chosen

in their stead in the

same manner

as just described.

17

If, however, this term of three years expires during the

time when the episcopal see is vacant, the consultors will

remain

in office until the accession of the

bound

new

bishop,

who

proceed within six months from the day of

his consecration to the new appointment of the consultors

will be

in

the

to

manner above

above term

of three years, a

28

Finally, where, during the

con suitor either dies, or resigns,

stated.

removed, the bishop has the right and duty to appoint

another one, though only with the advice of the other conAs will be seen, the mode of appointment of our
suitors.
diocesan consultors resembles somewhat that of canons of
cathedral chapters, as above set forth.
III. Removal of Canons, and of our Consnltors.
Canons
their
hold
for
of
cathedral
life, and
chapters
position
proper
or

is

19

are therefore canonically irremovable (inamovibiles, pcrpetui).

Consequently they cannot be deprived of their office of can
20

ons, save for crime, specified in law and by canonical trial.

Our diocesan consultors, as we have seen, are appointed

only for three years. During this term of office they cannot
be removed, against their will, except for legitimate and just

and by the advice of the other consultors. What

constitutes a legitimate and just cause for removal? The
answer is given by the Third Plenary Council of Baltimore, n.
21.
From this it will be seen that they can be removed from
the office of consultor also for causes other than crimes, and
cause,

without a trial in the proper sense of the term, though

without a previous investigation.

not.

"

16

19

C. PI. Bait. III., n. 19.

Ib.

18

17

Ib., n. 21.

i0

Prael. S. Sulp., vol.

C. PI. Bait. III., n. 21

ii.,

p. 169, n. 419.

CHAPTER

II.

RIGHTS AND DUTIES OF OUR DIOCESAN CONSULTORS, SEDE

PLENA.
there are cathedral chapters in the canonical
sense of the term, the bishop is bound, by the general law of
the Church, to proceed in some matters with the advice, and
I.

Where

chapter and if he
where
the law pre
or
consent,
fails to act with this advice
scribes it, his acts are null and void. All this follows from the
in others with

very nature

t/ic

consent, of the cathedral

of cathedral chapters.

For, as was shown, they

constitute the senate and

council of the bishop in the adminis

tration of the diocese.

He

is

the head, they are the

mem

Now it is unbecoming

bers, of the diocesan governing body.

for the head to act without the members.
II.

Our

diocesan

Plenary Council of

as

councils,

established

by the Third

Baltimore, are, like cathedral chapters, the

official

and legal senate and council of the bishop in relation

to the

government

of the diocese.

They

are to take the

until the latter can be properly

place of cathedral chapters
Wherefore the Third Plenary Council enacts
established.
that the bishop shall be bound to take the advice of his con-

suitors in a

number

of cases expressly stated

by

it.

We

not oblige the bishop to act

say advice ; for the council does
with the consent of his consultors in any case whatever.

Observe, however, that the bishop is indeed bound to

ask this advice in the cases enumerated by the Third Plenary
Council of Baltimore (n. 20, 33, 37, 38, vii.; 273, 294), under
1

Alexander

III., cap. 4, 5,

De

498

his,

quaefiunt

(Hi.,

10).

Rights and Duties of our Diocesan Consultors.

499

his acts ; yet he is not bound to follow

the
law
For,
obliges the bishop merely to act
with the advice of his council or chapter, it binds him,
it is true, to ask this advice, and makes his acts void if he
fails to do so
but it does not require him to follow the

pain of invalidity of

when

it.

advice except when the contrary is expressly stated. 2 Thus

Reiffenstuel teaches
Unde quae peragenda sunt cum con"

secundum praescriptum juris, non obstante,

consilium
quod ejus
praelatus sequi non teneatur, tamen si
3
tale consilium is non adhibeat, irrita erunt act a
cjus."
silio

capituli

We shall now proceed to explain briefly the cases where

our bishops are bound, according to the Third Plenary Coun
cil of Baltimore, to proceed with the advice of their diocesan
council.
They relate to the diocesan statutes, the division
of parishes, the placing of missions in
charge of religious,
the appointing of the deputies for the
seminary, of new con-

suitors and of synodal examiners, the alienation of ecclesias

tical property, and the
imposing of a new tax or assessment

We

by the bishop.

shall

now

discuss each of these cases

separately.

ART.

I.

The Bishop is bound to ask the Advice of the Consultors in con

voking and promulgating the Diocesan Synod.
I.

The Third Plenary

Council of Baltimore decrees

"

Con

silium consultorum exquiret episcopus/r^ synodo dioecesana

indicenda et publicanda"
To understand this law correctly,
it should be borne in mind that,
according to the general

law of the Church, as now in force, it is certain that the

bishop can announce and convene the synod without consent
or even advice of the cathedral chapter. 2. That the synodal
9

Alex. III., cap.

C. PI. Bait. III., n. 20.

4.

5 (iii

10).

Reiff.,

1.

Hi.,

t.

10, n.

10.

Rights and Duties of our Diocesan Consnltors

500

statutes, however, must, under pain of nullity, be made with

the advice of the chapter, any custom to the contrary not
withstanding. Thus already in 1180 Pope Alexander III.,

writing to the Patriarch of Jerusalem, says

quatenus in ... ecclesiae tuae negotiis ...
:

Mandamus
cum eorum

"

quae statuenda sunt, statuas."

(canonicorum) consilio
This has also been confirmed by many decisions of the Holy
.

See down to the present day. Consequently they must,

on pain of nullity, be submitted to the chapter, and its opin
ion asked on them, before they are published in synod. The
chapter must naturally be allowed a sufficient space of time
to examine the statutes submitted to it, so that it may be able
to give an intelligent opinion on them. Consequently, while
it is true that the bishop can convoke the synod without the
advice of the chapter, it is also true that he cannot fix the
date for the holding of the synod so earl) as to render it
impossible for the chapter to examine and give their opinion
6

on the proposed

statutes, before the date fixed for the cele

bration of the synod. In this sense the bishop is indeed

bound on pain of nullity to ask the advice of the chapter, also

and not only

in publicanda synodal
on
pain
of
nullity ; for, as Benedict XIV.
say,
the bishop makes laws or constitutions, and promul

in indiccnda,

We

II.

says,

if

them

synod, without having beforehand asked the

advice of the chapter, these statutes will have no force, con
sidering that they have been made in a manner prohibited
gates

in

However, continues this great Pontiff, they can,

there are just and sufficient reasons, be healed and
rendered valid by the Holy See. 8
by law.

when

III.

5
*
7

has been said,

Cap. Quanto 5, De His. (iii. 10).

Benedictus XIV., De Syn., 1. xiii.,
S. C. C. in

26; Bouix,
8

From what

De

c.

it

i, n.

follows that the above

15, 16.

Hispal., 26 Nov., 1689; Ferraris,

Cap., pp. 347, 401.

Bened. XIV.,

De

Syn.,

1.

xiii., c.

16.

v.

Capitulum,

art.

ii.,

n.

21-

while

Sec

tJic

Baltimore decree can scarcely

Filled.

is

mean

501

that the bishop cannot con

voke the diocesan synod without the advice of the consul tors,
since he is obliged by the lav: itself, both general and statu
tory (supra, n. 564), to convene synods at stated times. The
meaning, therefore, of the Baltimore decree is: The bishop,
United States, is bound, before he holds the diocesan

in the

synod and publishes

its

decrees, to lay before his consultors,

properly assembled, all the decrees and regulations which

he intends to make and publish in the synod, and to ask their
opinion or advice in regard to them.
IV. Besides the above consultation with the chapter or
our consultors, which is obligatory, it is also customary and
advisable for the bishop, some time prior to the synod, and
prior to the consultation with the consultors, to select sev
and experienced priests in order to draft the

eral learned

This
which are to be laid before the consultors.
action must not, however, be confounded with the consulta
statutes,

The

tion to be held with the consultors.

the former

is

is

merely advisable.

ART.
The Bishop

latter is obligatory

II.

obliged to ask the Advice of the Consultors in di

viding Missions or Parishes.

The second

case in which bishops with us are bound

to ask the advice of the consultors, is thus stated by the
l*
Prelates of the Third Plenary Council of Baltimore : "Si conI.

tingat ut missio seu parochia aliqua

sit

dismembranda, exqui-

rendum erit consilium consultorum, necnon et rectoris dismembrandae missionis." By missio or parochia are here
meant all our congregations or missions, and consequently not
9
10

Ferraris, v. Capitulum, Art.

N. 20.

2, n. 21,

22; Bouix,

De

Cap., p. 347.

502

RigJits

and Duties of our Diocesan Consultors

only those which have irremovable rectors, but also those

which have simple or removable rectors. This is evident

from the

fact that the

above Baltimore decree makes no

dis

tinction or exception whatever, and therefore includes all

our missions or parishes.

The Third Plenary

II.

Council adds that the advice or

opinion of the rector of the mission

must

Here again

also be asked.

our missions without exception.

which

is

to be divided

the Council speaks of all

Consequently, the opin

ion or advice of the rector of the mission or parish which

is to be divided must be asked beforehand, not only when

such mission or parish has an irremovable rector, but also

it has a rector who is not irremovable.
This is also in

when

harmony with the constitution of our present Holy Father,

Pope Leo XIII. Romanos Pontifices, issued in May, 1881, for
,

England and Scotland, and are also extended to the United

For the great Pontiff describes, in
States, as we have seen.
this celebrated constitution, that in dividing missions which
are not canonical parishes the bishop is bound to ask not
only the advice of the chapter, but also of the rector of the
mission to be divided, whether it has a removable or an irre

movable

rector."

The meaning,

therefore, of the above Baltimore decree

is,

that in dividing missions or parishes, whether they have re

movable or irremovable rectors, the bishop is bound to ask

the advice of the consultors and also of the rector of the par
The bishop is indeed bound, on
ish which is to be divided.

pain of the invalidity of the division, to ask this advice.

he is not obliged to follow it.

But

Let Us now compare this regulation with the pre

scriptions of the general law of the Church concerning divi
sions of parishes.
By the jus commune, as still in full force,
III.

the bishop

is

11

bound

to

proceed with the

Leo XIII., Const. Romanos

Pontifices,

consent, not

Profecto.

merely

while the See

advice, of the cathedral

is

Filled.

503

chapter in dividing or dismembering

12

For such division, consisting, as it does, in the

a parish a part of its territory or people and in
from
taking
in the eyes of the law a real and true
is
considered
come,
alienation of ecclesiastical property (alienatio rerum ecclesiae),
2nd is consequently placed on the same footing with the
alienatio rerum ecclesiae, in the proper and literal sense of the

parishes.

word. Hence, like alienations proper, it can be made only

13
with the consent of the chapter.
This consent is essential,

whether the bishop proceeds

in virtue of M\s jurisdictio ordi-

naria, or as delegatus Apostolicae Sedis, except when he acts as

delegatus Apostolicae Sedis in regard to exempted parishes.

From

IV.
differs

this

it

be seen that our Baltimore decree

will

from the general law

in this, that the

merely the advice of the consultors, the

the chapter.

In fact, as

his constitution

former requires

latter the consent of

Pope Leo XIII. expressly

states in

Romanos Pontificcs"
England and Scot
law applies only to canonical parishes, or
for

land, the general

having all the conditions prescribed by the

general law, but not to missions not yet erected into canoni
to parishes

cal parishes.

V. The consent of the chapter, or, with us, the advice of

the consultors, in the case must be preceded by a full discus
sion of the cause calling for the division, or praecedente tracIn other words, the chapter should
our
or
consultors their advice, only after
consent,
give
having fully discussed with the bishop the causes calling for

tatu,

as canonists say.

its

the division, their existence, their sufficiency, and in fact

12

Pope Clement V.

(1312) in

De Benef., disc. 45,

Bouix, De Paroch., p. 270.
de Luca,
13

Can. Sine exceptione

52,

Clem. Si una

c.

12, q.

2;

2,

De Reb.

De Re

n. 4; Letter.,

Leur.,

Eccl. Al.

Benef.,

For.

1.

i.,

Benef.,

(iii.

p.

Card,

4);

q. 28,

3,

n.

q.

60;

954,

n. 7.
14

1.

i.,

Cap.

Dudum, De Reb.

q. 28, n. 4, 152; Leur.,

Eccl.
1.

non

c., q.

Al. in

954, n. 8.

6"

(iii.

9);

Letter.,

De Re

Benef.,

Rights and Duties of our Diocesan Consultors

504

everything relating to the proposed division, just as

case of the alienation of ecclesiastical

ir-

tut-

property."

Besides the consent of the chapter (with us, the advice

of the consultors), various other conditions or formalities
are requisite in the division of a parish, as we show above,
n. 265.

ART.
The Bishop

is

bound

to

III.

ask the Advice of the Consultors when

a Mission or Parish over to a

there is question of
giving

Religious Community.

The

third case in

which our bishops are obliged to

ask the advice of the diocesan consultors is thus
given by
the Prelates of the Third
Plenary Council of Baltimore:
"Consultorum item requiretur
consilium, quando id agetur,
ut missio sen parochia tradatur alicui
familiae religiosae:
quo in casu necessaria erit etiam venia S. Sedis."
I.

"

Accord

ing to the general law of the Church as now in

force, the
bishop cannot give a parish over to regulars except with the
consent of the chapter.
The reason is, that the giving over of
to
parishes
religious communities is considered a species of
-

perpetual alienation of ecclesiastical property, that is, a

taking
of ecclesiastical
property from the secular clergy and giving
18
it to the
For parishes are, by their
regulars.
nature, secu
lar benefices or offices.
it is an axiom of

Now

canon law

that secular offices

or benefices
belong of right to, and
should therefore be conferred
upon, the secular clergy
beneficia (parochiae] saecularia
regular ia vero regular ibus.
II.

15

The above
Profecto in C.

Innoc. III., cap

Baltimore decree ordains that the

bishop

PI. Bait. III.,

p.

Pastoralis

18

Leuren., For. Eccl.,

19

Cf. Bouix,

De Jure

saecularibus sunt
conferenda ;

lib.

iii.,

7,

q.

Reg., vol.

2IQ

it
.

De Donat.
113, n
ii.,

2.

p. 45.

(iii.,

C onc. PL
24)

Bait. III.,

Bouix,

DeAp.

20.

p. 359.

while the See

is Filled.

505

cannot place a religious community in charge of a parish or

mission, without having previously taken the advice of the

Our

.consultors.

general law

law, therefore, differs

statutory

from the

in this, that the latter requires the consent of the

chapter, the former merely the advice of the consultors.

III. The Third Plenary Council of Baltimore
(n. 20) enacts

furthermore that besides the advice

the consultors, the

required, before a mis
of

permission of the Holy See is also

sion or a parish can be given over to a religious
community.
Herein our statutory law agrees fully with the general law
of the Church, as in force at the present day.
For it is cer

tain that at present, according to the general law, parishes

cannot be committed to a religious community without leave

from the Holy See. This has been decided a number

20
times by the S. C. C.
IV.

The

chief reason

of

that regulars, though not abso

lutely speaking debarred from the charge of parishes by the
nature of the religious state, 21 are yet intended by their state
is

not to mingle with seculars as much as a parish priest

Hence
should, in order to discharge his duties properly.
the Holy See reserves to itself the right to decide in
every
of

life

whether it is expedient or not, to allow regulars to be

placed over parishes.
V. Bouix (1. c., p. 51) says that religious communities
which have no solemn vows do not seem comprised in the
above law making the pontifical permission necessary. This
case,

For the giving over

opinion appears to us untenable.

parish to a religious

community

is

no matter whether the community

vows or

not.

Now

of a

a species of alienation,
in question has solemn

such alienation requires not merely the

us, advice of consultors),, but

consent of the chapter (with

also the dispensation of the

VI. Whatever
20

Bouix,

De Jure

may

Holy

See.

be said on this head,

Reg., vol.

ii.,

p 46.

21

Bouix,

it is

De Jure

certain that

Reg., vol.

ii.,

p. 9.

Rights and Duties of our Diocesan Consultors

506

with us the law requiring both the advice of the consultors

and the papal consent before a bishop can give a parish
over to a religious community applies to all religious com
munities, whether they have solemn vows or only simple.
This was expressly declared by the Cardinals of the Propa
ganda in the conferences held at Rome in 1883, between our
archbishops and a committee of the Cardinals of the S. C. de
P. F.

ART. IV.
obliged to ask the Advice of the Consultors in
appointing the Deputies for the Diocesan Seminary.

The Bishop

I.

is

The Third Plenary

states the fourth

with

act

to

the

case

in

advice

Council of Baltimore, n. 20, thus

which our bishops are obliged

of

torum consilium exquiretur

seminariis
possible

in

consultors

"

Consul-

constituendis

deputatis pro
In order to carry out as nearly as

dioecesanis."

the

their

prescriptions laid

down by

the

Council of

22

Trent, and explained above (n. 5 59), -the Third Plenary Coun
cil decrees that for every seminary, whether minor or
major,

whether diocesan or provincial, two committees shall be ap

pointed one for the spiritual or internal, the other for the

management of the seminary. Each of these com

composed of at least one ecclesiastic. For the dio
cesan seminary, the members of both these committees are

temporal,

mittees

is

chosen by the bishop with the advice of the consultors ; for

the provincial seminary they are appointed absolutely by
the bishops of the province collectively without the advice
23

This mode of appointment differs

from
that prescribed by the Council of Trent,"
considerably
and explained above (n. 559).
II. According to De Brabandere,
the professors and
of diocesan consultors.

2-2

24

Sess. xxiii.,

c.

Cess, xxiii.,

c.

18,
18,

De
De

Ref.

23

Cone. PL Bait.

Ref.

95

Vol.

ii.

p. 152.

III., n.

179.

while the See

is

Filled.

507

directors of seminaries are not eligible as deputies or

bers of these committees, lest they should be at the

mem
same

time both judges and interested parties.

III. Removal of these Deputies.
By the general law of the
of
the
members
both
the
committees on the man
Church,
agement of seminaries are irremovable or perpetui, inamovi26

The deputies for our seminaries pos

the rights and privileges given to committees on
seminaries by the general law of the Church and the Coun

biles (supra, n. 559).

sess

all

Trent, except where the contrary is expressly stated

the
Third Plenary Council of Baltimore.
this Council
by
does not say that our deputies are removable in fact, it
cil of

Now

says nothing at all on this point. The inevitable conclusion,

therefore, seems to be that they are irremovable. However,
a difference between the irremovability of these
that of irremovable parish priests.
and
The latter
deputies
can be removed only for crime, while the former can be re
moved also because of old age, sickness, and the like, by
which they become incapable of discharging their duties as

there

is

deputies."

ART. V.

Our Bishops are bound

ask the Advice of the Diocesan Consuitors in appointing a New Diocesan Consultor, and also in
to

appointing Synodal or Pro-synodal Examiners.

I. The fifth case in which the bishop, with us, is
obliged
to ask the advice of the consultors is thus set forth
by the

Prelates of the Third Plenary Council of Baltimore

consultorum consilium necessarium

sultore, et in eligendis e.raminatoribus
26

S.

"

Item

erit in eligendo novo con-

qui sint loco

synodalium."

C. C. in Papiens., 7 Julii, 1591; in Tricaric., 24 Martii, 1736; Bouix,

Cap., pp. 428, 436.

21

"

Bouix,

De

Cap., p. 436.

jj.

20.

De

Rights and Duties of our Diocesan Consultors

5o8

Appointment of New Consultors. We have already

are chosen, and
sufficiently explained above how consultors
II.

when

the advice of the other consultors

is

necessary in the

appointment of a new consultor. We shall therefore pass

to the appointment of our synodal or pro-synodal examiners.
III. Necessity of the Consultors Advice in the Appointment of
Synodal Examiners. There are three kinds of examiners (a)
examiners for orders that is, those who examine persons
29
who are about to be promoted to holy orders; (b) examin
:

ers for

confessions

that

is,

those

who examine

priests wish-

50

examiners
(c) finally,
approved
for
vacant
who conduct the competitive examinations
par
5n

to be

for confessions;

The latter are called examinatores synodales because

are
appointed in diocesan synod. Of these alone we
they
for they alone must be appointed by the
shall here speak
ishes.

31

bishop with the consent of the chapter (in the United States,
with the advice of the consultors) when the synod cannot be
held every year.
IV. The Council of Trent enacts that appointments to
vacant parishes shall be made only by concursus" or com
"

shall be CDnpetitive examinations ; that these examinations

ducted by examiners chosen in diocesan synod; that at

examiners be chosen by the synod that whenever

a parish falls vacant, the bishop shall select at least three
out of these six in order to conduct the examinations before
him or his vicar-general. The concursus or competitive ex
least six

aminations must on pain of nullity of the appointment be

conducted by

The

the synodal examiners.

case

is

different

with regard to the examinations to be undergone by those

who desire to be ordained or approved for confession for
the bishop can select any priests he pleases to conduct these
;

examinations.
-

"

Cone. Trid.. sess.

xxiii., c. 7,

De

31

Ib., sess. xxiv., c. 18,

32

Bened. XIV., De Syn.,

1.

De

Ref.

30

Ib., sess. xxiii., c. 15,

Ref.; Brabandere,
iv., c.

7,

n. 2;

vol.

ii.,

De Ref

n. 921.

Brabandere,

1.

c.,

n. 923.

while the See

is Filled.

509

V. According to the Council of Trent, the synodal ex

aminers must be appointed in diocesan synod. The manner
in wnich they are appointed is this
They are proposed or
:

nominated by the bishop in diocesan synod, and must be ap

proved by said synod. In other words, they are appointed
33
by the bishop with the advice and consent of the synod.
The examiners thus appointed in synod remain in office till
the next diocesan synod, which should be held within the
space of a year from time of the last synod. In the new
synod the old examiners may be either reappointed or
others chosen in their stead.

34

however, during the course

If,

the year which intervenes between the old and the new
synod the number of the examiners chosen in synod is re
of

duced, v.g., by death, resignation, or other cause, to less than

six, he bishop can appoint others, out of synod indeed, though
t

not without the consent of the chapter. But if the number is

not decreased below six, the bishop cannot substitute others
extras Y nodical ly.

35

VI. This refers, however, only to the year which follows

immediately on the celebration of the last diocesan synod.
Now, what is to be done if no new synod is held after the
lapse of a year from the time the last synod was held? It is
certain that as soon as the year has expired, the office of
those examiners expires at once, who were appointed extra-

synodically, as above, during the course of the year, with the

3
consent of the chapter. As to the other examiners who were
elected in the last diocesan synod, it is also certain that they
hold over till the next diocesan synod, no matter how long
it is

But

deferred, provided there remain six of those examiners.

as soon as one of these six dies or resigns, or in some

other

way

ceases to be an examiner, so that the

those chosen in the last synod

33

Cone. Trid., sess. xxiv.,

35

Bened. XIV., De Syn.,

Bened. XIV., De Syn.,

36

c.

18,

De

is

reduced to

Ref.

1.

iv., c. 7, n. 7.

1.

iv., c. 7, n. 8.

less
34

number

than

six,

Cone. Trid.,

1.

of

the
c.

Rights and Duties of our Diocesan Consultors

510

of ail the others expires

bishop cannot, after the lapse of
office

by that very fact and the

one year from the time the
last synod was held, substitute
any examiners extrasynodically in the place of those who ceased to be examiners/
;

17

VII. Therefore,

if

after the lapse of

one year from the

synod was held, or any time thereafter, there

than six examiners, chosen in synod, the
bishop
must either convene another synod or apply to the
See

time the

remain

last

less

Holy

for permission to appoint examiners out of synod. For if the

bishop held a concursus with examiners appointed out of

synod, a year after the last synod, without having obtained

leave from the Holy See, the concursus would be null and
38

The Holy See always grants this permission, though

on
condition that the examiners .be proposed
only
by the
to
the chapter and approved^ it; hence the consent
bishop
void.

of the chapter is requisite.

Brabandere says the Holy See,
at present, grants this permission
usually for three years.

The examiners appointed out of synod are called examinatores

From what has been said, it will be seen that
prn-synodales.
examiners
when appointed in synods must be ap
synodal
with
the consent of the synod
when appointed out
pointed
;

of synod,
Q,

with the consent of the chapter.

What

is

the

manner

of

appointing synodal or pro-syn

odal examiners in the United States

A.

We

premise: I. Thus far we have explained the pro

visions of the Council of Trent, or of the
Let
general law.
us now see how far those provisions have been
and
adopted
enjoined by the Third Plenary Council of Baltimore. 2. This
Council has enacted, as

we have shown

above,

n. 648,

that

appointments to missions or parishes which have irremova

ble rectors shall be made by concursus, to be conducted

by

the bishop or his vicar-general and the

synodal examiners,
39
in the manner laid down
For this
by the Council of Trent.
E1

Bened. XIV..

1.

c., n. 8.

Ib. n., 9.

39

Sess

xxiv

l8

De Ref

while the See

is

Filled.

1 1

purpose, at least six examiners, if possible, shall be appointed

in every diocese.
When a mission which has an irremovable
rector falls vacant, the
least three to

bishop shall select out of these six at

conduct the examination. The bishop cannot

select less than three, except where it is impossible to have so

many, on account of the small number of priests in a dio
cese.

40

We

now answer:

i. Our
synodal or rather pro-synodal
41
be
appointed either in or out of synod.
may
When they are appointed in synod, the advice of the synod
is necessary to the
But the consent
validity of the election.

examiners

of the synod does not appear to be required.

Of course, in
this case, the advice of the consultors is not needed.
When

the bishop wishes to appoint them out of synod, he must ask

leave from the Holy See (the S. C. de P. F.) to do so. Hav
ing obtained this permission, he can appoint them out of

synod, though only with the advice of the consultors** From

this it will be seen that while our examiners have the same
rights and duties as synodal examiners proper, yet they differ
from them so far as concerns the mode of appointment.

Synodal examiners proper, as we have seen, must be ap

pointed in and with the consent of the synod, while our ex
aminers need not. Consequently they are not, in the proper
sense of the word, synodal or pro-synodal examiners, but ex

aminers who take the place of synodal or pro-synodal examin

ers.
This peculiar characteristic or mode of appointment of

our quasi-or vice synodal examiners seems to have been per

mitted by the Holy See, in view of the fact that our mis
sions, even though having irremovable rectors, are not ca
nonical parishes, in the

full

sense of the term.

43

2. It
would seem that our vice-synodal examiners,
whether appointed in or out of synod, remain in office per
44
manently, and not merely till the next diocesan synod.
40

Cone. PL Rait.

43

Cf. C.

PL

III., n. 41.

Bait. III., n. 24.

41

Ib., n. 25.

Cone.

PI. Bait. III., n. 25.

Ib., n. 25.

Rights and Ditties of our Diocesan Consultors

512

whenever the number of our examiners is

than the prescribed number (at least six, if
possible), whether by death, resignation, or other cause, the
bishop can and should substitute others with the advice of
3.

Finally,

reduced to

less

the consultors.

From

45

be seen that our vice-synodal exam

from synodal examiners proper as to the mode of
appointment, as to the time they remain in office, and also
as to the requisite number.
We say requisite number ; for
the Council of Trent prescribes that at least six examiners
must invariably be appointed in diocesan synod, and that at
least three of them must always be present at the conairsus ; 4K
whereas, in our case, at least six should be appointed, wliere
this is possible," and at least three of them should attend
all this it will

iners differ

every concursus, unless three cannot be Jiad.^

VI. Rights and Duties of Synodal Examiners

also in the

The

rights and duties of these examiners, also

with us, in relation to the manner of conducting the exami
nation, are clearly set forth by the Third Plenary Council of

United States.

Baltimore, n. 44 sq., to which we refer the reader. After the

examination or concursus is over, the examiners have the

right and duty to determine what candidates have passed the

examinations, and are consequently worthy to be appointed

Those whom they find un

must
those
whom they find worthy,,
worthy they
reject
they must report to the bishop as worthy. From among
to the vacant parish or mission.
;

whom the examiners report as worthy, it is the bishop s

exclusive right and duty to select him whom before God he
considers the most worthy (dignior)**

those

VII. Right of Appeal. Candidates who have been exam

ined, and who are not appointed to the vacant parish or
mission, have also in the United States, as we have shown
46

Cf. C. PI. Bait. III., n. 25.

41

C. PI. Bait. III., n. 25.

49

Bened. XIV., Const.

Cum

46

illud,

Cone. Trid., sess. xxiv.,

i b-) n

n.

c.

18,

4I>

De Ref

4g

while the See

is

Filled.

513

above, a right to appeal a mala relatione examinatorum et ab

50
irrationabili judicio cpiscopi that is,
against the unfair re
port made to the bishop by the examiners, and also against
the wrong action of the bishop in appointing as the dignior

who is
we observe

one

In order to make this more clear,

not dignior.
candidate may either fail to pass the exam

ination successfully, and consequently be rejected by the ex

aminers or reported by them to the bishop as indignus ; or
he may indeed pass and be reported to the bishop as dignus,
and yet not be appointed. In the first case he can appeal
against the report of the examiners as being unfair and un

warranted, by the result of the examination

in the

second

case he has the right to appeal against the appointment made

by the bishop, on the ground that the one whom the bishop

considers the dignior, and whom consequently he has appoint

ed to the vacant parish or mission, is in reality not the dig
If the appellant can prove before
nior, but only dignus.
quern that the one whom the bishop has ap
not
the dignior, but that he the appellant is the
pointed
dignior, then the appointment of the bishop must be re
voked, and the parish or mission, also with us, conferred on

the judex

ad

is

the appellant.
In both cases, however, the appeal is merely
devotutive, not suspensive, as we have already noted. How
ever, candidates who appeal must prove their allegations,

and that exclusively from the acts and documents of the

concursus, a copy of which must be given them for that
pur
pose.

ART. VI.
Necessity of the Advice of the Consult ors in the Alienation of
Ecclesiastical Property.
I.

The

to ask

sixth case or matter in

which the bishop

the advice of the diocesan corisultors

50

Bened. XIV., Const.

Cum

illud, 1742,

is

16 (VI.).

is

bound

thus ex-

Rights and Duties of our Diocesan Consultors.

514

pressed by the Tliird Plenary Council:

Quando

agitur de

Missionum permutandis aliisqne

alienationis
prae se fcrunt, ubi sumnia
agendis, qnac speciem
pecuniae non excedat valorem quinque millium scutatorum
ubi vero negotium earn sum($5000), episcopi liberi erunt
vel

dioccesis

bcnis et fundis

mam

tune requiritur consilium consult orum, eoque

Sedis permission
In order to

superaj.

praeriabito, necessaria est S,

understand

law better, it will be necessary to explain

briefly the general law of the Church respecting the alienthis

ation of ecclesiastical property.

When

how

is it

allowed, according to the general

law of the Church, as

now

in force, to alienate ecclesiastical

Q.

and

property ?
A. We premise: I. By ecclesiastical property (res ecclesiae}
here
is
meant, not merely all property, real or personal, be
longing to churches, chapels, or oratories, used for religious
worship, but also that which belongs to charitable and pious
by ecclesiastical authority, such as

institutions established

hospitals, asylums, monasteries, convents, etc.

However, only

that property, real or personal, of these churches or institu

tions is here meant which is of considerable value, that is,

which

is

worth more than

according
value than
2.

The

to others, $100.

$25, or according to some $50," or

Property, real or personal, of less

be freely alienated.
word alienation is here taken in
this

may

its

widest sense,

and therefore means not merely every act or transaction by

which the ownership is transferred, such as (a) donations, (&)
sales, (c)

exchanges or purchase of new property, but also

all

acts or transactions by which the use of the property, or Jus

in re or ad rem, is transferred to another, namely, (a) all mort

gages or other incumbrances put upon the property; (b) all

leases for a term longer than three years
(c) the imposing
"

51

N. 20.

53

Cap. Nulli

52

5,

De

reb. eccl.

(iii.,

13);

Santi, Prael.,

Clem,

i,

2,

De

1.

iii.,

t.

reb. eccl.

13, n. 6.
(iii.,

4).

while the See

is

Filled.

of new taxes, assessments, or contributions

by the bishop or
others; (d] the giving up of a lawsuit, when this giving up
of the suit involves the loss of the contested

property

(e)

any transaction, agreement, or compromise, by which

a burden, v.g. a pension, is imposed upon the ecclesiastical
property, even though neither the ownership nor the use of
finally,

the property

54

It will

be seen, therefore, that

here understood not merely alienation in the

but
sense,
everything else that has the semblance of it,

by alienation
strict

transferred.

is

or whatever

is

is

a species alienationis.

Having premised

we now answer: The

this,

rule

is

that

property cannot be alienated except (a) for

and
sufficient reasons of urgent
grave
necessity or evident
utility, (b) and with the formalities prescribed by law other
wise the alienation is ipso jure null and void, and, moreover,
ecclesiastical

both the person alienating and the person

presuming to re
ceive ecclesiastical property, thus
unlawfully alienated, in
06
other
cur,
excommunication
among
penalties,
ipso facto,
reserved, however, at present, according to the constitution
Pope Pius IX., to no one."

Apostolicae Sedis of

We say, first, except for grave and sufficient cause. Now,

what are considered by the law grave and sufficient causes?
These two: I. Urgent necessity, v.g., where a church has a
heavy debt and cannot pay it, except by alienating property,
or also where a property has become useless. Gs 2. Evident
thus

allowed to alienate property for the pur

pose of acquiring another property which is better and more
utility ;

useful/

say, second, with the formalities

Now, what

"

66

58
59

is

We
64

it

Can.

Non

are these formalities?

liceat 20,

c.

12, q. 2;

Cf. Schmalzg.,

1.

Reirf..

1. iii.,

13, n. 4.

Reiff.,

i.

t.

c., n.

in.,

t.

Schmalzg.,

13, n. 6 sq;
"

prescribed by law.
i. The con-

These two
1.

Hi.,

t.

13, n. 10.

Brabandere, Jur. Can. comp.

n. 949.

Const. Ap. Sedis, 1869, Excom. nem.

18.

Can. Sine exceptione

52, c. 12, q. 2; cap. 8,

De

reb. eccl.

(iii.,

13).

res.

iii.

516

and Duties of our Diocesan Consultors

Rig/its

When there is
sent of the chapter or others interested.
of
the
the
cathedral, or of the
property
questio-n of alienating
60

episcopi, or of the diocese, as such, the consent of the

cathedral chapter is required. But when there is question
of alienating the property of the other churches of the dio

mensa

i.e., of the parishes of the diocese, the consent of the

cathedral chapter is necessary only when the bishop himself
wishes to make the alienation, but not when the rector or

ceses,

61

In
parish priest of the respective church desires to make it.
the latter ease it is sufficient that the rector wishing to make
63
It
the alienation should obtain the consent of the bishop.

should be observed here, that the chapter can give its con
sent to the alienation only after it has fully discussed (praecedente tractatii) the causes of necessity or utility calling for
the alienation.

63

Besides the consent of the chapter, the permission of the

Holy See is also required, and that on pain of excommunica
64
tion incurred ipso facto, as enacted first by Pope Paul II., and
2.

re-enacted by

Pope Pius

Pope Paul

IX."

II., in

his Const.

Ambitiosae decreed that bishops alienating ecclesiastical prop

erty, without leave from Holy See, should incur ipso facto
the interdict ab ingrcssu in ecclesiam. This punishment is not

mentioned

in the Const. Apostolicae Sedis of

Pius IX., and

66

The prohibition to alienate ecclesi

not
merely when there is question of
property applies
ecclesiastical
property from a church or religious
alienating
therefore

is

abolished.

astical

institute to laics, but also

With
stand
60
61

63
"

66
67

from one

cJinrch to another church.

these explanations, it will now be easy for us to under

when and how the bishop, with us, is bound to act

Cap.

8,

De

Schmalzg.,
Reiff.,

1.

his.
1.

(iii.,

iii., t.

iii., t.

10);

Schmalzg.,

1.

c.,

n. 78.
62

10, n. 2.

Santi,

1.

iii.,

t.

13, n. 10.

13, n. 23.

Cap. Ambitiosae, De Reb. Eccl. Al. vel non, Extr. Com. (iii., 4), A.D. 1468.
66
Santi, 1. iii., t. 13, n. 15,
Const. Ap. Sedis 1869, 1. c.

Cap.

i.

De Reb.

Eccl. Al. vel non,

(iii.,

13); Santi,

1.

c., n. 12.

while the See

is Filled.

with the advice of the consultors

property, as
$3Hr"Q-

we

We

in alienating ecclesiastical

shall presently explain.

When

and how can bishops

alienate ecclesiastical property

A.

517

premise:

What

in the

United States

\ve

have said above concerning

the meaning of the words alienation and ecclesiastical property

holds fully true, also, with us. This is clear from n. 20 (6)
of the Third Plenary Council of Baltimore, and the decree of

For both these docu

ments expressly mention not merely alienation, but also

the S. C. de P. F. dated Sept. 25, 1885.

whatever has the semblance or species of alienation. However,

with us the amount involved in the alienation must exceed

$5000 otherwise the bishop is free to make the alienation

without the prescribed formalities.
;

We
tical

now answer

Our bishops cannot

alienate ecclesias

property where the sum involved exceeds $5000, ex

cept (a) for grave and sufficient cause, as explained above (b)
with the advice (not consent) of the consultors. This advice is
;

necessary not only

when

there

question of alienating the

ecclesiastical property of the cathedral or of the bishop s
mensa, or of the diocese at large, but also when there is
question of alienating the property of any of the other par
is

ishes or missions of the diocese,

and that even where the

respective rector, and not the bishop, wishes to make the

The advice of the consultors must be preceded
a
discussion
of the causes calling for the alienation.
full
by

alienation.

(c)

Finally, the permission of the Holy See is also necessary.

to our peculiar circumstances, Pope Leo

However, owing

XIII., at the request of the Third Plenary Council of Balti

more, has dispensed all our bishops, for ten years from the
date of the promulgation of the Third Plenary Council, from
the obligation of obtaining the permission of the
in

Holy

See,

69
every particular case.

88

Cone.

PI. Bait. III., n. 20.

"

Cf. Cone. PI. Bait. III., p.

ciii.

Rights and Duties of our Diocesan Consiiltors

518

ART. VII.
Advice for the Imposing of new

Necessity of the Consult ors

Taxes for the Bishop.

The seventh

case in which the bishop is bound to take

the advice of the diocesan consultors is thus stated by the
Third Plenary Council of Baltimore (n. 20).\\.zv&, praehabito
I.

"

necessarius erit rccursus

consilio consultorum,

ad

S.

Sedan

in

singulis casibus, in quibus agatur de

episcopo,

imponcnda nova taxa pro

excedat
limites
a
canonibns
constitutos."
In other
quae

words: In

new

tax,

all

is

is

question of imposing a

collection or contribution

goes beyond
bishop

where there

cases

for the bishop, which

the sacred canons, the
to take the advice of the consultors; and

the rules laid

bound

down by

been taken, it is also necessary to have

recourse to the Holy See, and that in each individual case.
II. Here two questions arise
What is meant by taxa
after this advice has

nova pro episcopo ? and by the clause quae excedat limites a

canonibus constitutes?
reserve the answer for a future

We

edition of this work.

here to say that, owing to

the general terms in which these phrases are couched, and
the consequent difference of opinions as to their meaning, it
Suffice

it

desirable that an authentic explanation of them be given

by the Holy See especially as the phrases were inserted by
is

the

Holy See

itself,

when

the acts and decrees of the Third

Plenary Council of Baltimore were submitted to the S. C. de

Prop. Fide for revision. Until such an authentic explanation

given it would appear unsafe, or, at least, unsatisfactory,

to attempt to give any private or doctrinal explanation,
that would commend itself to the approval of others.
is

while the Sec

is

Filled.

519

ART. VIII.
Several other Cases in which

the Bishop

is

bound

to

ask the

Advice of the Diocesan Consultors.

Besides the above seven cases, there are several other
matters where our bishops are expressly obliged by the

Third Plenary Council of Baltimore to act with the advice of

the diocesan consultors. Thus he is bound to ask this advice,
i, in determining what missions shall be made parishes with
70
irremovable rectors; 2, in appointing the first irremovable

rectors;

71

in fixing

3,

the

amount

of

the

pension (pensio

congrud) to be accorded to an irremovable rector who resigns

or is removed because of inculpable inability to discharge
*
his parochial duties
4, in determining out of synod what
;

be the salary of rectors, and

73
questions connected therewith;
shall

in settling certain

other

making laws and

the
out
of
jura stolae and the
regulations,
synod, respecting
taxes to be given to rectors, on occasion of the administration
of the Sacraments and other acts of the sacred ministry.
The rate of these jura stolae as fixed in synod must also be
5,

in

74

sent to

Rome

for approval.

ART. IX.
Meetings of the Consultors.

Thus it will be seen

cases where the bishop

that there are altogether twelve

expressly obliged by the Third

is

Plenary Council of Baltimore to act with the advice of the

diocesan consultors, and where consequently his acts are
ipso jure invalid if he fails to take the advice in question.
70

C.

72

Ib., n. 38, vii.

PL

7I

Bait. III., n. 33.

13

Ib., n. 273.

74

Ib., n. 37.

Ib., n. 2Q4.

52O

Rights and Duties of our Diocesan Consultors.

The

consultors must in

advice
like

collectively, that

is,

all

in

these cases give their opinion cr

like chapters proper, or
7

a body,

every corporation or moral body.

must be properly convened

"

In other words, they

meeting, and when

thus assembled, give their opinion by vote, after having
duly discussed the matter on which their advice is asked.
in council

They may vote by secret ballot

proper. The ordinary meetings

as

often

as

they deem

of the consultors

it

must be

held four times every year, at stated times, or, where this
cannot be done, at least twice a year. The extraordinary
meetings must take place as often as it is necessary for the

bishop to do something, where, as stated above, he must take

the advice of the consultors. 76 Both the ordinary and extra
ordinary meetings are called and presided over by the
77

bishop.
Cf. Reiff.,

1.

iii.,

t.

xi., n.

11-22.

C.

PL

Bait. III., n. ai.

Ib,

CHAPTER

III.

RIGHTS AND DUTIES OF OUR DIOCESAN CONSULTORS

DURING THE VACANCY OF THE SEE.
ART.

I.

Appointment of the Administrator.

I.
Hitherto we have discussed the rights and duties
which our consultors possess, during- the time the see is filled
But what are their rights and duties when the
sede plena.
These rights and duties refer chiefly
bishopric falls vacant?

to the

to

power

govern the vacant diocese ad

to the choice of the

whom

new

bishop.

We

interim,

shall first explain

and

upon

devolve the administration of the vacant diocese and

new bishop, by the general law of the

and
then
see
whether and how far the powers con
Church,
ferred by this general law upon chapters are vested in our

the choice of the

consultors.

When

a see falls vacant, whether by the death, resig.

nation, transfer, or removal of the bishop, its administration
II.

and government, for the whole time of the vacancy, belong,

by the general law of the Church, as a matter of right, not
merely of privilege, favor, or delegation, to the cathedral
1

3
chapter of the vacant diocese, as we show above, n. 635.
However, at present, the chapter cannot govern the vacant

Cap.

3, 4,

Trid., sess.
2

see
title

Canonists

is

De

Suppl. Neg. in 6

vii., c.

10.

De

(i.

8),

by Pope Boniface VIII. (1299); Cone.

Ref.

usually discuss

vacant, under the heading

the decretals also touch

the rights and duties of chapters,

We

sede vacante aliquid innovetur,

upon these matters.

521

while the

under which

Rights and Duties of our Diocesan Consultors

522

diocese collectively or in a body, but

days after

it

is

is

bound, within eight

informed of vacancy, to appoint or rather

elect a vicar or vice gerent, or administrator, whose right

and duty it is to govern and administer the diocese in the

name

of the chapter,

and as

This administrator

tive.

is

its

vicar, agent, or representa

consequently Vicarius Capitularis,

or vicar of the chapter.

III. These rights are also vested in and exercised at pres
ent by chapters in Ireland and England." They are not
3

For diocesan councils,

vested in our diocesan consultors.

by the Third Plenary Council of Baltimore, are

not cathedral chapters, and therefore cannot be said to be
possessed of rights which the law confers on cathedral chap
as established

ters proper, unless the contrary

is

expressly stated.

Now

TJiird Plenary Coiincil of Baltimore makes no mention

whatever of any of the above rights being vested in diocesan
Wherefore the administration of a vacant diocese
councils.

the

does not devolve upon our consultors, and consequently the

appointment of the administrator remains now, as before the

Third Plenary Council, in the hands of the bishop, or metro

politan or senior suffragan bishop, as explained above, n.
638.

ART.

When

the Administrator

However,

II.

must take the Advice of the

Consultors.

as the administrator or rather vicar-capitular

the cathedral chapter must act with the advice

appointed by
and consent of the chapter, in all cases where the bishop him
self is obliged to do it, so, likewise, are administrators with
us,

though not appointed by the consultors, bound to take

all matters where the bishop,

the advice of these consultors in

himself

is

obliged to take this advice.

C. PI. Hiberniae,

Cone. Prov. Westmon.

C. PI. Bait. III., n. 22.

apud Maynut.,
I., n. xii.

p.
i;

273 sq.
Coll. Lac., vol.

iii.,

p. 924.

during the Vacancy of tlie

ART.

See.

523;

III.

Rights of the Consultors in the Election of the

new

Bishop,

The second

right and duty which the cathedral chap,

the
by
general law of the Church is to elect the new
the
of
vacant
diocese.
The reason of this law is thus
bishop
6
stated by Schmalzgrueber
Jus eligendi episcopum conI.

ter has

"

cessum
illi,

esse

fuit capitulo cujusque ecclesiae.

Et merito, nam
sunt
de
qui
corpora ecclesiae, melius censentur informati

de necessitatibus

et

commodis

ecclesiae,

quam

alii

ex-

Igitur quando agitur de provisione capitis, per quod

praecipue gubernari debet ecclesia (dioecesis), ad ipsa mem
tranei.

bra ecclesiae spectare decet electionem potius

non

quam ad

alios

ita informatos."

However, at the present day, in all parts

save in some dioceses of Germany, the Roman

of the

Pontiffs

world

have

reserved to themselves the right of election proper, leaving

to chapters and others merely the right of nominating or
rather commending the candidates for the vacant see. See
above, n. 297 sq., and n. 343.
This right of recommending to the

Holy See candidates

for the vacant diocese

is vested in parish
priests and chap
ters in Ireland, in chapters in England, and at present, ac
cording to the discipline introduced by the Third Plenary

Council of Baltimore, also in our diocesan consultors and

irremovable rectors, as explained above, n. 345 sq.
6

Lib.

i.,

tit.

6, n. 3.

SUPPLEMENTARY NOTES.
MODE

OF QUOTING

FROM THE

"CORPUS JURIS."

(a) n. l6l.

Q. What
Canonici ?

is

the

mode

of quoting from the

"

Corpus Juris

"

A.

From

the

"

Decretum

"

of Gratian. Quotations
of
the
first part
Decree are usually made thus
C. Regula, 2, d. 3 that is, canon the second,
beginning with
I.

from the

the

word

the

first

"

"

"

distinction third.

Regula,"

Some

authors omit

word

of the canon and quote thus: C. 2, d. 3.

Others omit the number of the canon, quoting thus: C.
Rcgula, d. 3.
Quotations from the second part of the De
"

are generally thus made C. Omnes,

the fourth canon, whose first word is

cree
is,

"

4, c. 6, q.
"

Omnes,"

that

of the

Some authors omit

question under the sixth cause.
word of the canon others its number. The third
question of the thirty-third cause is a treatise on penance,
divided into seven special distinctions, and usually
quoted
first

the

first

as follows: C. Qualitas,

2, d. 5, d.

Poenit.tt\z.t is, the second

canon, whose first word is
Qualitas," of the fifth distinc
tion in the treatise on penance.
Quotations from the third
of
the
Decree
are
part
generally made thus C. Ut osteu"

"

"

deret, 123, d. 4,

de Consecr.

with the words

in

"

Ut

that

the I23d canon, beginning

ostenderet," of the fourth distinction
is,

the treatise on consecration.

Phillips, Kirchenr

524

To

Gratian

vol. iv., p. 154.

"

Decree

"

Supplementary Notes.
are annexed

525

Canones Apostolorum and Canones poenitentiales."

The latter are quoted C. Poenit. 14 that is, the
fourteenth penitential canon the former C. Apost. 15 that
"

"

"

the fifteenth apostolic canon.

is,

From

II.

Gregory IX.

the Decretals of Pope

from the books of the decretals, the

first

In quoting

word of the chap

usually given then the title of the book next the

X, which stands for extra, showing that the citation
not from Gratian s Decree." Here is a specimen quo

ter

is

letter
is

"

Cap. Quotiens X, de Pactis that is, the chapter be

ginning with the word Quotiens," under the title de Pac
tation

"

tis,"

in

"

The

the decretals.

easiest

way

to find the text of this

quotation is to run over the alphabetical index attached to

the decretals, find the letter P, where it will be seen that
the

title

de Pactis

"

of the decretals.

the thirty-fifth title of the first book

Quotations from the sixth and seventh
"

is

books of the decretals are found in a similar manner.

III. The sixth and seventh books of the decretals are
quoted like the five just mentioned, with the addition, re
spectively, in 6

and

in

7, which means

in the sixth or

seventh book of the decretals.

The

Clementinae

"

are thus quoted

Clem. Multorum, de Poenis that is, in the Clementinae (collection of
decretals by Pope Clement V.), the chapter beginning with

IV.

"

"

"

the

word Multorum, under the

this place, the title

"

de Poenis

title
"

"

de

To

Poenis."

find

should be looked for in the

index appended to the

Clementinae," and it will be seen
Clemen
that this is the eighth title of the fifth book of the
"

"

tinae."
"

of Pope John
V. Quotations from the Extravagantes
XXII. are as a rule thus made Extrav. Ecclesiae, de Major,
"

et

Obed.

that

under the

is,

the chapter whose

first

word

de Majoritate et Obedientia,"
XXII.
of
John
travagantes
VI. Quotations from the "Extravagantes
title

"

is

Ecclesiae,

in the

"

Ex

"

Communes"

Supplementary Notes.

526

made: Extrav. Comm.

are thus

that

is,
"

title

Etsi, de Praeb. et Dignti.

the chapter beginning with the

de Praebendis et

word

Dignitatibus,"

in

under

Etsi,

the

"

the

Extra va

gantes Communes." This title, if looked for in the index,

will be found to be the second title of the third book of the
"

Communes."

Extravagantes

IRREMOVABLE RECTORS IN THE UNITED STATES.

260.

(ft) n.

Can Bishops

in the

United States make more than one of

every ten rectors irremovable, ivithin the first twenty years after
the promulgation of the Third Plenary Council of Baltimore ?

They can, if they consider it prudent. For the Third Plen

ary Council of Baltimore (n. 35) merely advises bishops not
to exceed the above number, inconsulte, i.e., without good
reasons.

SENTENCES EX INFORMATA CONSCIENTIA.

(tf)

n.

445-

What do we mean by

sentences ex informata conscientia f

Is every extrajudicial act or sentence of the bishop an act or
sentence ex informata conscientia simply because it is extraIn other words, are the terms "extrajudicial"
ex informata conscientia always synonymous ? By no

judicial?

and

"

"

For by sentences ex informata conscientia we un

derstand only two kinds of extrajudicial sentences namely,
where the bishop, by virtue of C. i., d. R., sess. xiv. C. Trid.,
"

means.

"

either forbids a person to receive sacred

or suspends him from orders already received.

extrajudicially,

orders,

2,

I,

two cases only, there is no appeal or recourse to

From other
the metropolitan, but only to the Holy See.
In these

Craiss.,

Man.,

n. 194, sq.

Bouix, de Princ.,

p. 490.

Supplementary Notes.

527

cxtrajudicial acts or sentences of bishops an appeal can gene

rally be made to the metropolitan, since they are not acts or

sentences

"ex
informata conscientia," though extrajudicial.
Observe, also, that dismissal from parish, even in the United
ex
States, not being per se suspension, cannot be inflicted
"

informata conscientia/ and therefore allows of appeal to the

4

metropolitan.
A.POSTOLI,

OR CERTIFICATE OF APPEAL FROM THE SUPERIOF

QUO" TO THE SUPERIOR "AD QUEM."

"A

(e) n.

453.
6

According to Cardinal Soglia, these apostoli," or let

ters from the superior
a quo to the superior ad quern,"
certifying to the appeal, are no longer, at least universally,
in use and in their stead the appellant is given a copy both
of the sentence or decree from which he appeals and of the
"

"

"

"

appeal itself, as authenticated by ihejiidex a quo* This copy

or certificate of appeal (apostoli}, where given, is presented
by the appellant to the superior ad quern ; and the latter, if

he admits the appeal only

"

in devolutivo," gives the

appel
the
a
superior
quo
mandatory letters, commanding
to forward to him, within a stated time, the acts in the case

lant

but

"

if

he receives the appeal

"

in suspensive," he,

issues letters (litterae inhibitoriales]

"

a quo

"

commanding

moreover,

the superior

not to proceed an}^ further in the case/

EFFECTS OF APPEALS.
(C)

We
{v.g.

453-

premise By the judex a quo is meant the superior

bishop) from or against whose decision the appeal is
:

Bouix, de Episc.,

Tom.

*
t. i.,

p. 474.

Id.,
*

ii.,

Soglia,

1.

p. 525.
c., D.

526.

de Judic.,

Devot

t. ii.,

p. 252.

lib. iii., tit. xv., n.

n.

Supplementary Notes.

528

made

by the judex ad quern, the superior

tan or pope) to

(v.g.>

metropoli

whom

the appeal is directed.

I.
I. He if
Effects of Appeals on the Superior
quo"
bound to defer to any appeal interposed for just cause.
Now, in order that the cause of the appeal should be con
"a

sidered just,

it is

not necessary that

actually verified, but

its

existence should be

be of such nature that,

would be considered legiti

merely that

it

existence were proved, it

mate.
2. If the superior a quo does not defer to a lawful
ap
he
becomes
liable
to
is
least
when
there
peal,
deposition (at
if its

question of appeals to the Holy See) or other penalty at the

discretion of the proper superior; and the appellant may,
3. In case of doubt
notwithstanding, continue his appeal.

whether there

just cause for appealing, he should defer to

the appeal, especially when made from a final sentence.
4. In cases where appeals are forbidden
by canon law
is

where interposed frivolously, he (the

a
superior
quo) need not, nay, should not, defer to them,
and may, notwithstanding the appeal, proceed in the case
(supra, n. 445, sq.), or

without rendering himself liable to punishment. 5. But

even where he lawfully refuses to consent or defer to the
appeal he should, nevertheless, give the appellant letters
certifying to the appeal (apostoli), or an authentic copy
of the sentence and of the appeal as made known to him.

Bouix 8 holds that the authentic copy or

apostoli are

always

to be given.
II.

Effects upon the Superior

"

ad quern"

What

is

the duty

of the superior ad quern with regard to appeals brought to

his tribunal?
i. He should first of all determine whether
the appeal was properly interposed. Before doing so he can
not take cognizance of the cause itself, nor remit it to the

superior a quo.

2. If

he decides that the appeal has been prop

erly interposed, the whole case devolves

8

Supra,

n. 453.

Cf.

Bouix, de Judic.,

co ipso

t.

ii.,

upon him for

p. 286.

Supplementary Notes.

529

adjudication, no matter whether the appeal was from a final

or interlocutory, judicial or extrajudicial, sentence. Hence
it is his
duty to try the whole case, and he can send for per
sons and papers, and demand an authentic
copy of the min
utes or acts of the court or superior from whom the
appeal
is made.
He can pronounce final sentence, and also enforce
it, unless an appeal is also made from his decision.
When
3.

he has been notified of an appeal made to him with the

that is, within the proper time, au
requisite formalities
thenticated by the superior a quo, etc.
he can at once that
is, as soon as he begins to consider the
admissibility of the
appeal
if final

after

forbid the superior a quo to execute his sentences

if the sentence be not final he can do so

but

only

has been

shown

that the appeal is admissible, ac

to
the
canons, and that in the presence of the parties.
cording
This brings us to another very important effect of
it

ap

peals,

which

effect

and should be rescinded.

thus expressed
Whatever ulterior steps are
taken in the case by the superior a quo, after the
appeal has
been interposed and pending the appeal, are to be considered
as vain and futile
which are of no
attempts
is

(attentata),

Now, what in particular

are to be looked upon as
an
attempts of this kind ?
swer: All such steps as are taken
the
a
by
superior
quo
against the appellant either after the appeal from a final or
quasi-final sentence (judicial or extrajudicial) was interposed,
or even during the time intervening between the
pronounc
ing of the sentence and the making of the appeal.
Now,
how are these attempts to be reversed? i. The superior

We

ad quern can annul them both

the appellant.

2.

They

cx-officio,

and

can, nay, should,

if

at the request of

the appellant so

asks, be revoked, even before it is shown that there was a

just cause for appealing, and before the hearing of the
cause itself takes place and this holds true not
only with
to
from
final
or
regard
appeals
interlocutory sentences hav;

Supplementary Notes*

530

with regard to
ing the force of final sentences, but also
appeals from extra] udicial acts.

THE

VISIT

AD

"

SS.

LIMINA

"

(1?)

Q.

make

How

BY THE BISHOPS OF IRELAND.

n.

472.

often are the bishops of Ireland at present to

their visit

ad limina ?
Romanns Pontifex ann.

1585) they were

four
bound to make the visit every
years; afterwards
But at present,
namely, from 1631 only every ten years.

A. At

first (Const.

dated September
according to the decree of the Propaganda,
ad limina- once
visit
the
make
to
i, 1876, they are obliged
A.D
every five years. (Apud Cone. PI. apud Maynooth,
1875, p. 281.)

HOW THE

TERMS,

WHETHER OF THREE, FOUR,

YEARS, FOR THE EPISCOPAL VISIT

"AD

FIVE,

LIMINA

OR TEN
SACRA"

ARE TO BE COUNTED.
(8) n.

if,

472, 556.

it follows that
IJOir From what has been said above (n. 556),
decennium
the
for
beginning
for instance, the visitation

20, 1885, and ending with December 20, 1895,

time
made
been
has
by the bishop or his procurator, at any
even
of
such
though
bishop,
during said period, the successor

with December

the expiration of De
appointed several years before
cember 20, 1895, need not make the visitation during the
On the other hand, if a bishop who is
period of 1885-1895.
months before December 20, 1895,
appointed even but a few

he

is

none of
1885 and 1895, he

finds that

his predecessors has

made

the visit within

a
1895, unless he obtains

December 20,
dispensation from Rome. Likewise,

where a new diocese

established with us, for instance in

is

bound
is

Bouix, de Judic., vol.

ii.,

to

make

it

before

pp. 285-293; Craiss.. a. 5990, sq.

Supplementary Notes.
1887, the decennial

531

term within which the

first

bishop

is

make his first visit ad limina, does not begin from

the time the new diocese was formed
1887, but from De
cember 20, 1885, and ends December 20, 1895.
obliged to

10

THE RIGHT OF OPTION VESTED

(z)

What

Q.

is

n.

IN CARDINALS,

496.

the right of option (jus optandi) of cardi

nals?

A.

It consists substantially in this, that

when a subur

bicary bishopric, or a title, or a diaconate becomes vacant

the next oldest cardinal (by creation) of the respective
,

order has a right to give up his own title and choose the
vacant one. Thus, if the see or title of a cardinal-bishop
becomes vacant, the next oldest cardinal-bishop can select
it

if

the

title

or church of

a cardinal-priest falls vacant,

next oldest cardinal-priest can choose

a cardinal of one order may select the

11

the

Nay, sometimes

it.

of another order.

title

Thus, the oldest cardinal-priest can choose the

title,

when

of the youngest cardinal-bishop

and the oldest
cardinal-deacon that of the youngest cardinal-priest.
More
a
the
when
ten
a
member
of
Sacred
Col
over,
deacon,
years
vacant,

lege,

precedes

in the exercise

nal-priests created after him.

only to cardinals resident in

for a public cause."

of the right of option cardi

This right of option belongs

Rome

or absent temporarily

THE PROPAGANDA AND MISSIONARY COUNTRIES.

(*) n. 508.

In order not to be misunderstood in regard to what we

say under n. 508, we here observe that affairs or questions
10

Cone.

PI. Bait. III., n. 13; Instr. S. C.

de P. F. June

i,

1877, in C. PI

Bait. III., p. 197.

11

Phillips, Kirchenr.. vol.

vi.,

p.

238.

Id.,

Comp., ed Vering,

no.

Supplementary Notes.

532

from missionary countries are sometimes referred by the

other congrega
Propaganda to, and decided by, one of the
But, in all cases,
tions charged with the specific matter.
Hence,
the Propaganda is the organ of communication.

no matter whether the Propaganda itself solves the ques

tions or merely causes them to be solved by one of the
other congregations, the petitions or questions must always
be addressed

to,

and the answers or dispensations are always

returned by, the Propaganda. Therefore all affairs of msthe Propaganda,

sionary countries are arranged solely by
at least as the

organ of communication.

RECENT DECISION OF THE HOLY SEE CONCERNING THE

CUSTOM PREVALENT IN SOME PARTS OF THE UNITED
STATES OF RECEIVING A NUMBER OF ALMS OR STIPENDS
FOR THE MASS ON ALL SOULS DAY.
(A) n. 593.

was submitted

to the Propaganda by
States
United
one
Compendium facti. Reverendissimus Episcopus R. in
America ad Emum. Praefectum S. Congr. de Prop. Fid.

The following

case

of the bishops in the

epistolam misit sequentis tenoris

In pluribus Foederatorum Statuum Americae Septentrionalis dioecesibus, et etiam in hac mea R. invaluit con:

"

suetudo ut pro unica Missa quae in die commemorationis om

nium fidelium defunctorum cantatur, fideles contribuant pecuniam.

Summa autem

pecuniae

sic collecta ordinarie tanta

facile
est, ut plurium centenarum Missarum eleemosynas
modo
hoc
contribuunt,
exaequet. Inter eos qui pecuniam
utrum earn
merito
dubitari
de
sunt
possit,
quibus
plurimi

hoc modo collaturi

forent,

si

rite

edocerentur animabus
melius provisum

purgatorii, quas sic juvare intendunt,

diem
si tot Missae pro iis, licet extra

iri,

commemorationis

Supplementary Notes.

omnium

fidelrum defunctorum,

533

celebrarentur,

taxam dioecesanam continentur stipendia

quot

summa

in

juxta
totali

sic contributa.

Ut erroneae fidelium opinioni occurratur, in quibusdam

dioecesibus Statute Synodali cautum est, ut, nisi singulis
annis praevia diligens totius rei explicatio populo fiat,
"

earn fidelium pecuniam pro unica ilia Missa

non
liceat.
accipere
Quare Eminentiam Vestram enixe achumillimeprecor,
ut pro pace conscientiae meae, ad dubia sequentia responmissionariis

"

dere dignetur:

Utrum

"

i.

Quod

si

"2.

ilia

negative

Utrum

diligens

affirmative
"

sit ?

tolerari possit casu

totius

rei

quo quotannis praevia

explicatio populo fiat?

Quod

si

Utrum,

3.

illam

praedicta consuetude absolut* prohibenda

timor

si

sit

ne vel

diligentem eamque plenam

missionarii

praeviam

totius rei explicationem

populo praebeant, vel populus earn satis intelligat, ordinarius istam consuetudinem prohibere possit, et missionariis

summa

contributa, intra ipsum men

tot legantur vel cantentur Missae, quot in
ea continentur stipendia, pro Missis sive lectis, sive canta-

injungere, ut pro tota

sem Novembris

Quod si affirmative :
Utrum ob rationem, quod Missae illae intra ipsum
4.
mensem Novembris legendae vel cantandae sint, ordinatis ?

"

rius

consuetum Missarum

sive

legendarum sive cantandarum

stipendium, pro aequo suo arbitrio pro

illis

Missis possit

"

augere

On

January

27,

1877, the S. C, Concilii, to

whom

the

case had been referred by the Cardinal- Prefect of the Propa

ganda, gave the following answer
:

Responsum

"

bella in ecclesia,

Nihil innovetur

qua

tantum apponatur

fideles doceantur,

quod

illis

ta-

ipsis elee-

Supplementary Notes.

534

mosynis una canitur Missa

in die

commemorationis omnium

fidelium defunctorum."

THE RECENT PLENARY SYNOD OF MAYNOOTH ON THE

REMOVAL OF PARISH PRIESTS.
O)

n.

648.

How

are parish priests removed in Ireland, according

Q.
to the Plenary Council of Maynooth, held in 1875 ?

We

A.

premise

In Ireland parish priests are appointed

and they were not made removable at pleasure by

We now answer The Synod of
the Synod of Maynooth.
for

life,

Maynooth insinuates that in the dismissal of parish priests

the forms of regular canonical trials cannot be observed in
every particular, and seems to leave the determination of the
particular mode of conducting trials to the provincial councils
of the respective provinces.
However, it refers to the mode
in
and
would, therefore, seem to recom
adopted
England,

mend
trial

that parish priests in Ireland be finally dismissed upon

to be conducted by the committee of investigation of

the diocese,

composed of five

18

priests.

DIFFERENCE BETWEEN THE CELEBRATION AND BLESSING

OF A MARRIAGE.
(v] n. 659.

We

distinguish, as will be observed (n. 659), between

and
a marriage.
For by the
assisting at
blessing
"

"

"

"

blessing of the marriage is not meant the celebration of the

marriage itself or the act of uniting in marriage, nor the
verses Confirma hoc, etc., with the prayer Respice, which are

always said after the blessing and the giving of the nuptial
"

Syn. PI. Mayn., n- 261

cf.

ib

p. 248.

Supplementary Notes.
which the missal prescribes

ring, but those prayers

Mass
tialis]

"

535

et

pro sponso
sponsa."
or the one that takes its

in

the

This blessing (benedictio nupplace on days impeded by the

Rubrics, can be given only in the Mass

"

pro sponso et

and separable from the celebration

sponsa";
of the marriage. Thus, the marriage itself may be performed
by one priest, and the nuptial blessing given by another.
is

it

distinct

CAN NON-CATHOLICS BE SOMETIMES BURIED IN CATHOLIC

CEMETERIES ?

()

n.

66 1.

In the United States Catholics having family lots in Ca

tholic cemeteries sometimes wish to have non-Catholic rela
tives or

members

be allowed?

of the family buried in such lots. Can it

say yes, in view of the words of the

Some

Fathers of the Second Plenary Council of Baltimore: 14

Ex mente Sedis Apostolicae toleratur, ut in sepulchris

"

{family lots), quae videlicet privata et peculiaria

pro Catholicis laicorum familiis aedificantur, cognatorum et
affinium etiam Acatholicorum corpora tumulentur." Others
gentilitiis

maintain the negative, except in regard to family vaults

or vaulted sepulchres for families.
(o) n. 659.

Father Perrone demonstrates that the true teaching (docis that both mixed marriages and the marriages of
Protestants among themselves, in places where the decree Tametsi obtains, when solemnized contrary to the prescriptions
15
of this decree, are invalid, unless, by a special and express indultofthe Holy See, the declaration of Benedict XIV. regard
ing marriages in Holland and Belgium has been extended to
such places. 10 So far as the U. S. are concerned, it seems that
the declaration of Pope Benedict XIV. has been extended to
nearly all, if not all, places where the decree Tame t si obtains.
trina vera)

"

N. 389.

15

Perrone,

De

Matr. Christ., vol.

16

ii.,

p. 230.

Ib., pp.

209-239.

APPENDIX.

i.

CONSTITUTIO

SS. D. N. PIT PP. IX., QUA NUMERUS CENSURARUM LATAE SENTENTIAE RESTRINGITUR.
D.

12.

PIUS EPISCOPUS SERVUS

REI

OCT.,

1869.

SERVORUM DEI AD PERPETUAM

MEMORIAM.

Apostolicae Sedis moderation! convenit, quae salubriter veterum canonum

auctoritate constituta sunt, sic retinere, ut, si
temporum rerumque mutatio

quidpiam esse temperandum prudenti dispensatione suadeat, eadem Apostolica Sedes congruum supremae suae
potestatis remedium ac providentiam
impendat. Quamobrem cunvanimo nostro jampridem revolveremus, ecclesiasticas censuras, quae per modum latae sententiae
ipsoque facto incurrendae
ad incolumitatem ac disciplinam ipsius Ecclesiae tutandam,
effrenemque improborum licentiam coercendam et emendandam sancte per singulas aetates
indictae ac promulgatae sunt,

magnum

ad

numerum sensim

excrcvisse

quas-

dam

etiam, temporibus moribusque mutatis, a fine atque causis, ob quas impositae fuerant, vel a pristina utilitate atque opportunitate excidisse ; eamque

ob rem non infrequentes

oriri sive in iis,

quibus animarum cura commissa

sive in ipsis fidelibus dubietates, anxietates

angoresque

conscientiae

est,

nos

ejusmodi incommodis occurrere volentes, plenam earumdem recensionem fieri

nobisque proponi jussimus, ut, diligenti adhibita consideratione, statueremus,
quasnam ex illis servare ac retinere oporteret, quas vero moderari aut abro-

Ea igitur recensione peracta, ac venerabilibus fratribus

gare congrueret.
nostris S. R. E. cardinalibus in negotiis fidei
generalibus inquisitoribus per
universam Christianam rempublicam deputatis in consilium adscitis,
reque
diu ac mature perpensa, motu proprio, certa scientia, matura deliberatione
nostra, deque apostolicae nostrae potestatis plenitudine hac perpetuo valitura Constitutione decernimus, ut ex
quibuscumque censuris. sive excommunirationis, sive suspensionis, sive interdict!, quae
modum latae sententiae

per
ipsoque facto incurrendae hactenus impositae sunt, nonnisi
536

illae,

quas

in

hac

Appendix.

537

ipsa Constitutione inserimus, eoque modo, quo inserimus, robur exinde habesimul declarantes, easdem non modo ex veterum canonum auctoritate,
ant
;

quatenus cum hac nostra Constitutione conveniunt, verum etiam ex hac ipsa
Constitutione nostra, non secus ac si primum editae ab ea fuerint, vim suam
prorsus accipere debere.

Excommunicationes Latae Sententiae Speciali

Modo Romano

Pontifici

Reservatae.
Itaque excommunicationi latae sententiae speciali

modo Romano

Pontifici

reservatae subjacere declaramus:

I.
Omnes a Christiana fide apostatas,

et omnes ac singulos haeteticos,

et
nomine
sectae existant, eisque crecenseantur,
cujuscumque
quocumque
dentes, eorumque receptores, fautores, ac generaliter quoslibet illorum de-

fensores.
II.

libros

Omnes

et

singulos scienter legentes sine auctoritate Sedis Apostolicac

eorumdem apostatarum

et

haereticorum haereshn propugnantes, necnon

libros cujusvis auctoris per Apostolicas iitteras nominatiin prohibitos,

que libros retinentes, imprimentes

et

eosdem-

quomodolibet defendentes.

III. Schismaticos et eos, qui a Roman! Pontificis pro tempore existentis

obedientia pertinaciter se subtiahunt vel recedunt.
IV. Omnes et singulos, cujuscumque status, gradus seu conditionis fue
rint, ab ordinationibus seu mandatis Romanorum Pontificum pro tempore
existentium ad universale futurum concilium appellantes, necnon eos, quorum

auxilio, consilio vel favore appellatum fuerit.

V.

Omnes

interficientes, mutilantes, percutientes, capientes,

detinentes, vel hostiliter insequentes

episcopos,

S.

carcerantes,

R. E. cardinales, patriarchas, archi-

episcopos, Sedisque Apostolicae legates, vel nuncios, aut eos

territoriis, terris, seu dominiis ejicientes, necnon ea

a suis dioecesibus,
mandantes, vel

rata habentes, seu praestantes in eis auxilium,

consilium vel

favorem.

VI. Impedientes directe vel indirecte exercitium jurisdictionis ecclesiasticae sive interni sive extern! fori, et ad hoc recurrentes ad forum saeculare

ejusque mandata procurantes, edentes, aut auxilium, consilium vel favorern

praestantes.

VII. Cogentes, sive directe sive indirecte, judices laicos ad trahendum

ad suum tribunal personas ecclesiasticas praeter canonicas dispositiones:
item edentes leges vel decreta contra libertatem aut jura Ecclesiae.
VIII. Recurrentes ad laicam potestatem ad impediendas Iitteras vel acta
quaelibet a Sede Apostolica, vel ab ejusdem legatis aut delegatis quibus-

cumque

profecta

eorumque promulgationem vel executionem directe vel

eorum causa sive ipsas partes, sive alios laedentes.

indirecte prohibentes, aut

vel perterrefacientes.

Appendix.

538

iX. Omnes falsarios litterarum apostolicarum, etiam in forma brevis ac

supplicationum gratiam vel justitiam concernentium per Romanum Pontificem, vel S. R. E. vice-cancellarios seu gerentes vices eorum aut de mandato

necnon falso publicantes litteras

ejusdem Romani Pontificis signatarum
apostoHcas, etiam in forma brevis, et etiam falso signantes supplicationes
hujusmodi sub nomine Romani Pontificis, SRU vice-cancellarii aut gerentis
:

vices praedictorum.

X. Absolventes complicem in peccato turpi etiam in mortis articulo, si

non adprobatus ad confessiones, sine gravi aliqua exori-

alius sacerdos licet

tura infamia et scandalo, possit excipere morientis confessionem.

XL

Usurpantes aut sequestrantes jurisdictionem, bona, reditus ad perratione suarum Ecclesiarum aut beneficiorum perti-

sonas

ecclesiasticas

nentes.

XII. Invadentes, destruentes, detinentes per se vel per alios civitates,

ad Ecclesiam Romanam pertinentia vel usurpantes, per-

terras, loca aut jura

tuibantes,

retinentes

in eis

supremam jurisdictionem

praedicta auxilium, consilium, favorem praebentes.

necnon ad singula

A quibus omnibus excommunicationibus hue usque rcc^nsitis absolutionem Romano Pontifici pro tempore speciali modo reservatam esse et reseret pro ea generalem concessionem absolvendi a casibus et censuris sive
vari
;

excommunicationibus Romano

Pontiftci reservatis nullo pacto sufficere decla

ramus, revocatis insuper earumdem respectu quibuscumque induhis concessis
sub quavis forma et quibusvis personis etiam regularibus cujuscumque

ordinis, congregationis. societatis et instituti, etiam speciali

mentione dignis

Absolvere autem praesumentes sine debita

facultate, etiam quovis praetextu, excommunicationis vinculo Romano Ponti
fici reservatae innodatos se sciant, dummodo non agatur de mortis articulo, in
et in

quavis dignitate constitutis.

quo tamen firma

sit

quoad absolutos obligatio standi mandatis Ecclesiae,

si

convaluerint.

To

the above twelve cases Pius IX., in his C.

thirteenth,

which the following persons incur

i.

Romanus

Pontifex, Aug.

28, 1873,

added a

Canonici ac dignitates cathedralium ecclesiarum

vacantium, qui ausi fuerint concedere et transferre ecclesiae vacantis curam. regimen et adminisin nominatum et praesentatum i
trationem, sub quovis titulo, nomine, quaesito colore
laica potestate ex S. Sedis concessione seu privilegio, vel, ubi consuetude viget, a capitularibus
.

ipsis

electum ad eandem ecclesiam vacantem.

tracantes ecclesias, qui

earum curam, regimen

Nominati

et praesentati vel ut supra electi,

et administrationem suscipere audent.

...

ad
3.

omnes, qui praemissis paruerint, vel auxilium, consilium aut favorem praestiterint. cujuscuiique status, conditionis, praeeminentiae et dignitatis fuerint (supra, n. 287-294 and n. 637, ne e
15

33
is

Konings,

n. 1717).

fourteenth, which

was added by decision of

ftie S.

Poenit

against the members, propagators, adherents, and favorers (in any manner) of the

"

Aug.

4, 1876,

Societa Cat-

tolica Italiana per la rivendicazione dei diritti spettanti al popolo christiano ed in ispecie a

popolo
a society recently established in Italy for the purpose of giving the Roman people a
voice in the election of the Sovereign Pontiff, by means of popular suffrage (Nouv. Rev. Theol., p.
462 seq livr. se., 1876). Hence, as we said (supra, n. 681), there are at present fourteen excommu

romano"

nications reserved, speciali

modo, to the Roman

Pontiff.

539

Appendix.

Excommunicationes Latae

Sententiae

Romano

Pontifici

(simpliciter)

Reservatae.
latae sententiae

Excommunicationi
declaramus

Romano

Pontifici reservatae subjacere

Docentes vel defendentes sive publice, sive privatim propositiones ab

I.

latae sententiae
Apostolica Sede damnatas sub excommunicationis poena
licitam
vel
defendentes
praxim inquirendi a poenitamquam
item docentes
tente nomen complicis prouti damnata est a Benedicto XIV. in Const.
;

Suprema,

7 Julii,

1744

Ubi primum, 2 Junii, 1746

Ad

eradicandum, 28 Sep-

ternbris, 1746.
II. Violentas manus, suadente diabolo, injicientes in clericos, velutriusque
sexus monachos, exceptis quoad reservationem casibus et personis, de quibus

aut alius absolvat.

jure vel privilegio permittitur, ut episcopus
III. Duellum perpetrantes, aut simpliciter ad illud provocantes, vel

ipsum

aut favorem
acceptantes, et quoslibet complices, vel qualemcumque operam
vel quan
de
industria
necnon
permittentes,
illudque
spectantes,
praebentes,

tum

in illis est,

non prohibentes, cujuscumque

dignitatis sint, etiam regalis

vel imperialis.

IV. Nomen dantes sectae Massonicae, aut Carfamatiae, aut aliis ejusdem
seu palam seu
generis sectis, qua contra Ecclesiam vel legitimas potesiates

machinantur, necnon iisdem sectis favorem qualemcumque

occultos coryphaeos ac duces non denunciantes, donee
earumve
praestantes,
clandestine

denunciaverint.

V.

Immunitatem

asyli ecclesiastici violare jubentes,

aut ausu temerario

violantes.

VI. Violantes clausuram monialium, cujuscumque generis aut conditionis,

sexus vel aetatis fuerint, in earum monasteria absque legitima licentia inmoniales
grediendo pariterque eos introducentes vel admittentes itemque
ab ilia exeuntes extra casus ac formam a S. Pio V. in Constit. Decori prae;

scriptam.

VII.

Mulieres violantes regularium virorum

clausuram, et

superiores

aliosve eas admittentes.

VIII.

Reos simoniae

realis in beneficiis

quibuscumque, eorumque com

plices.

IX. Reos simoniae confidentialis in beneficiis quibuslibet, cujuscumque

sint dignitatis.

ob ingressum in religionem.
XI. Omnes, qui quaestum facientes ex indulgentiis aliisque gratiis spiriCorstitutione S. Pii V.
tualibus, excommunicationis censura plectuntur
X. Reos simoniae

realis

plenum, 2 Januarii, 1554XII. Colligentes eleemosynas majoris pretii pro missis,

Quam

et

ex

iis

lucrum

54Q

Appendix.

captantes, faciendo eas celebrari in locis, ubi

missarum stipendia minoris

pretii esse solent.

XIII.

Omnes, qui excommunicatione mulctantur in Constitutionibus S.

Admonet nos, quarto kalendas Aprilis, 1567; Innocentii IX., Quae ab
hac Sede, pridie nonas Novembris, 1591
dementis VIII., Ad Romani PonPii V.,

26 Junii, 1592; ct Alexandri VII.. Jntir ceteras, nono kalendas

Novembris, 1660, alienationem et infeudationem civitatum et locorum S. R E.

tificis cti d/ii,

respicientibus.

XIV. Religiosos praesumentes clericis aut laicis extra casum necessitatis

sacramentum Extremae Unctionis aut Eucharisiiae per viaticum ministrare
absquc parochi licentia.
XV. Extrahentes absque legitima venia reliquias ex sacris coemet< riis
sive catacumbis urbis Romae ejusque territorii, eisque auxilium vel favorem
praebentcs.

XVI. Communicantes cum excommunicato nominatim

a Papa in crimine
impendendo auxilium vel favorem.
XVII. Cleiicos scienter et sponte communicantes in divinis cum personis a Romano Pontifice nominatim excommunicatis et ipsos in officiis
ei scilicet

criminoso,

recipientes.

Excommunicatfoncs Latae

Sententiae

Episcopis

sive

Ordinariis

Reservatae.

Excommunicationi
subjacerc declaramus

latae

sententiae episcopis sive ordinariis reservatae

regulares aut moniales post votum

matrimonium contrahere praesumentes necnon omnes cum
aliqua ex praedictis personis matrimonium contrahere praesumentes.
I.

Clericos in sacris constitutes vel

solemne

castitatis

Procurantes abortum, effectu sequuto.

II.

Litteris apostolicis falsis scienter

III.

utentes, vel crimini ea in re

co-

operantes.

Excommunicationes Latae Sententiae Nemini Reservatae.

Excommunicationi
ramus

latae

sententiae nemini

reservatae subjacere

decla

To

the above seventeen cases must he added three additional excommunications

namely,

absolvere praesumentes sine dehita facultate. etiam quovis praetextu, excommunicationis vinculo specialiter reservatae innodatos (supra, excomm. special! moco R P. rwervatae, xii.,

against,

i,

A quibus
.)
dantes (C. S. O., Dec.
.

2.

Kcclesiasticos et missionaries in Indiis orientalibus mercaturae

who adhere

operam

approve internally
and externally, those crimes which are punished with the twelfth excommunication reserved
Altogether
speciali nicdo, tc the Pope (Encycl. Pii PP. IX., Nov. i, 1870, ap. Konings, n. 1732).
excommunications
therefore, there are now, as we have elsewhere (supra, n. 681) said, twenty
4, 1879).

reserved simpliciter to the

3.

Against those

Holy See.

to, i.e., formally

54

Appendix.
I.

Mandantes sen cogentes tiadi ecclesiasticae sepulturae haeieticos notonominatim excommunicates vel interdictos.

rios aut

aut

Laedentes

II

ministros

aliosve

S.

vel

aut comburentes,

inquisitores,

perterrefacientts
Officii,

ejusve

praedictis

sacri

denuntiantes,

testes,

tribunalis scripturas diripientes,

quibuslibet

auxilium,

consilium,

lavurem

praestantes.

benerecipere pracsumentes bona ecclesiastica absque

Ambitiosae, De Reb. Ecc. non
formam
ad
extravagantis
placito apostolico,

Alienantes

III.

et

alienandis.
infra mensem
Negligentes sive culpabiliter omittentes denunciare
in quibusad
fuerint
sollicitati
a
turpia
sive
sacerdotes,
confessarios
quibus

IV.

Ubet casibus expressis a Praedecess. Nostris Gregorio XV. Constit. Universi,

20 Augusti, 1622, et Benedicto XIV. Constit. Sacramentum p.enitentiac, i
Junii, 1741.

Praeter hos hactenus recensitos, eos quoque, quos sacrosanctum Con

Tridentinum, sive reservata Summo Pontitici aut ordinariis abso-

cilium

lutione,

absque ulla reservatione excommunicavit, nos pariter excomexcepta anathematis poena in Decreto sess. iv.
et usu Sacronim Librorum constituta, cui illos tantum subjacere

sive

municatos csse declaramus

De

editione

volumus, qui libros de rebus sacris tractantes sine ordinarii approbatione

itnprimunt, aut imprimi faciunt.

Suspensiones Latae Sententiae

I.

Suspensionem ipso

Summo

facto incurrunt a

Pontifici Reservatae.

suorum beneficiorum perceptione

Sedis capitula et conventus ecclesiarum et monasteriorum

administrationem
aliique omnes, qui ad illarum scu illorum regimen et
monasteriis
recipiunt episcopos aliosve praelatos de praedictis ecclesiis seu

ad beneplacitum

apud eamJem

S.

Sedem quovis modo

S.

litteias apostolicas

provisos,

antequam

ipsi

exhibuerint

de sua promotione.

Suspensionem per triennium a collatione ordinum ipso jure incurrunt

aliquem ordinantes absque titulo beneficii vel patrimonii cum pacto, ut ordinatus non petat ab ipsis alimenta.
III.
Suspensionem per annum ab ordinum administratione ipso jure
II.

incurrunt ordinantes alienum subditum etiam sub praetextu beneficii statim

conferendi,

aut

jam

collati,

scd minime sufficientis, absque ejus episcopi

dimissorialibus, vel etiam subditum proprium, qui alibi tanto tempore

moratus s t, ut canonicum impedimentum contrahere ibi potuerit, absque

litteris

ordin;irii ejus loci litteris testimonialibus.

IV. Suspensionem per

excento casu legitimi

benefi

-ii

professio

annum

privilegii,

ordinum ipso jure iucurrit, qui

ordinem sacrum contulerit absque titulo

a collatione

vel patrimonii clerico in aliqua

non

congregatione viventi. in quasolemnis

emittitur, vel etiam religioso

nondum

professo.

54 2

Appendix,

V.

Suspensionem perpetuam ab

exercitio

ordinum ipso jure

ir.currunt

religiosi ejecti, extra religionem degentes.

VI. Suspensionem ab ordine

suscepto ipso jure incurrunt, qui eumdem
ordinera recipere praesumpserunt ab excommunicate vel
suspense, vel interdicto nominatim denunciatis, aut ab haeretico vel
schismatico notono eum
vero, qui buna fide a quopiam eorum est ordinatus, exercitium non
habere
ordinis sic suscepti, donee di-pcnsetur. declaramus
VII. Clerici saecularcs exteri ultra
quatuor menses in urhe
:

commorantes,

ordinati

ab alio

Vicarii, vel

quam ab

ipso

sue ordinario absque licentia Card.

absque praevio examine coram

eodem

peracto

vel

Urbis

etiam a

proprio ordinario, posteaquam in praedicto examine rejecti fuerint necm.n

ad aliquem e sex episcopatibus
suburbicariis, si ordinentur
;

clerici pertinentes

suam dioecesim, dimissorialibus sui ordinarii ad alium directis

quam
vel non praemissis ante ordinem sacrum suscipiendum exercitiis spiritualibus per decem dies in domo urbana sacerdotum a missione nuncupatorum, Suspensionem ab ordinibus sic
extra

ad Card. Urbis Vicarium

susceptis
Sedis ipso jure incurrunt,
episcopi vero ordinantes ab
usu Pontificalium per annum.
ad beneplacitum S.

Interdicta Latae Sententiae Reservata.

Interdictum

Romano

Pontifici special! modo reservatum

ipso jure incur
runt universitates, collegia et capitula,
quocumque nomine nuncupentur, ab
ordinationibus seu mandatis ejusdem Romani Pontificis
pro tempore existentis ad universale futurum concilium
appellantia.
I.

II.

Scienter celebrantes vel celebrari facientes divina in

locis ab ordinario,

vel delegate judice, vel a

jure interdictis, aut

nominatim excommunicatos ad
seu ecclesiastica sacramcnta, vel ecclesiasticam
sepulturam aclmittentes, interdictum ab ingressu Ecclesiae ipso jure incurrunt, donee ad
arbitrium ejus, cujus sententiam contempserunt,
competenter satisfecerint.
divina

officia,

Denique quoscumque

alios

sacrosanctum Concilium Tridentinum suspen

ses aut interdictos ipso

jure esse decrevit, nos pari modo suspension; vel interdicto eosdem obnoxios esse volumus et declaramus.

Quae vero ccnsurae

dict!

sive excommunicationis, sive suspensions, sive inter

nostrh aut praedecessorum nostrorum constitutionibus, aut sacris canoni-

bus praeter

eas,

perstiterunt sive

quas recensuimus, latae sunt, atque hactenus in suo vigore

pro R. Pontificis electione, sive pro interno regimine

quorumcumque ordinum
collegiorum,

et

institutorum regulariurn, necnon

congregationum,

coetuum

locorumque

nominis aut generis sint, eas omnes firmas

nere volumus et declaramus.

Cetmim
legiis,

quorumcumque

piorum

esse, et in

suo

cujuscumque
robore perma-

d^rpmirrnis
n nov is
r-uibuscumque concessionibns ac priviquae ab Apostolica Sede concedi cuivis contigerit nullo modo ac
;

Appendix.
ratione

unquam

intelligi

aut

debere,

543
facultatem

comprehend}

posse

ab-

censuris quibuslibet Romano Poniifici reseivatis, nisi

iis
de
quae vero privilegia
formalis, explicita ac individuu mentio fact.i fuent
aut facultates, sive a praedecessoribus nosiris, sive etiam a nobis cuilibet

solvendi a casibus

et

coetui, ordini, congregation!,

societati

et

etiam regulari cujusvis

mentione digno a

institute,

speciei, etsi titulo peculiar! praedito, atque etiarr. special!

unquam tempore hue usque concessae fuerint, ea omnia, casque

omnes nostm constitutione revocatas, suppressas, et abolitas esse volumus,
prout reapse revocamus, supprimimus et abolemus, minime rcfragantibus
quovis

aut o istantibus privilegiis quibuscumque, etiam specialibus comprehensis,

vjl non in corpore juris, aut apostolicis constitutionibus, et quavis confirmatione apostolica, vel

immemorabili etiam omsuetudine, aut

rirmitate

quibuslibet

roboratis,

etiam

iormis

ac

alia

tenoribus,

et

quacumque
cum qui-

busvii derogatoriarum derogatoriis, aliisque efficacioribus et insolitis clausulis, quibus omnibus, quatenus opus sit, derogare intendimus, et dero-

gamus.

Firmam tamen
censuris

volumus a

esse

episcopis concessam,

sess.

>solvendi

cap.

xxiv.,

vi.,

facultatem a Tridentina Synodo

De

J\\

in

/o>m.,

quibuscumque
iis tantum

Apostolicae Sedi hac nostra Constitutione reservatis,

quas

exceptis,

eisdem

Apostolicae

modo

Sedi speciali

reservatas

decla-

ravimus.

Decernentes has
decreta sunt

litteras,

omnesque

atque omnia et singula, quae in eis constituta ac

quae in eisdem factae sunt ex anterioribus

et singulas,

constitutionibus praedecessorum nostrorum, atque etiam r.ostris, aut ex aliis

canonibus quibuscumque, etiam Conciliorum Generalium, et ipsius

sacris

Tridentini mutationes, derogationes, suppressiones atque abrogationes ratas et

firmas, ac

respective rata atque firma esse

tegros effectus

et fore,

obtinere debere, ac reapse obtinere

praemissis per quoscumque judices ordinaries,

et

suosque plenarios et insicque et non aliter in

delegates, etiam causarum

Palatii Apostolici auditores, ac S. R. E. cardinales, etiam

de latere legates, ac

Apostolicae Sedis nuntios, ac quovis alios quacumque praeeminentia ac potestate fungentes, et functuros, sublata eis, et eorum cuilibet quavis aliter judicandi et interpretandi facilitate et auctoritate, juclicari ac definiri debere et
;

irritum atque inane esse ac fore quidquid super his a

tate,

etiam

quoquam quavis

auctori

praetextu cujuslibet privilegii, aut consuetudinis inductae vel

inducendae, quam abusum esse declaramus, scienter vel ignoranter contigerit

attentari.

Non

obstantibus

praemissis,

aliisque

quibuslibet

ordinationibus, con

mentione dignis, necncn

immemorabilibus, ceterisque contrariis

stitutionibus, privilegiis, etiam speciali et individua

consuetudinibus

quibusvis,

etiam

quibuscumque.
Nulli ergo

omnino hominum

liceat

hanc paginam nostrae constitutionis,

ordinationis, limitationis, suppressionis, derogationis,

voluntatis infringere,

544
vel

Appendix.

ei

ausu temerario contraire.

Datum Romae apud

S.

uutem hoc attentare praesumpserit,

Beatorum .Petri et Pauli, apostolorum

Si quis

indignationem Omnipotentis Dei

ejus, se noverit incursurum.

et

Petrum anno incarnationis Dominicae millesimo-

octingentesimo sexagesimo nono, quarto idus Octobris, Pontificatus nostri

anno vigesimo

quarto.

MAKIUS CARD. MATTEI, Pro-Datarius.

N. CARD. PARACCIAM CLARELLI.
Visa de Curia : DOMINICUS BRUTI.
Loco

-j-

Plumbi.

J.

CUGNONI.

II.

DECISIO

S.

POENITENTIARIAE CIRCA JEJUNIUM.

EMINENTISSIMK PRINCKPS

Quidam sacerdotes regnorum Belgii et Hollandiae, ad tranquillitatem conscientiae suae et ad certam fidelium directionem,
instanter petunt ab Eminentia Vestra solutionem
dubiorum
:

sequentium

Gur}-, Scavini et alii referunt

16 Jan., 1834
"

tanquam responsa

S.

Poenitdntiariae data die

Posse personis quae sunt

in potestate patrisfamilias, cui facta est

legitima
facultas edi-ndi carnes, permitti uti cibis patrifamilias indultis,
abjecta conditione de non perniiscendis licitis atque interdictis epulis et de unica comes-

tione in die,

iis

qui jejunare

Igitur quaeritur:
dicitur

//?

/ .i

posse,

tenentur."

An

haec resolutio valeat ubique terrarum ? 2 Dum

pctitur a quo ista permissio danda sit, et an sufficiat peri.

missio data a simplici confessario?

Altera resolutio:
Fideles qui ratione aetatis
"

tenentur,

licite

posse

in

Quadragesima,

dum

vi.l

bus diebus indulto coiuprehensis, vesci carnibus aut

inuultum permissis, quoties per diem edunt."

non
omni
per idem

laboris jejunare

indultum concessum
lacticiniis

est,

Dubitatur igitur an haec resolutio valeat in dioecesi cujus episcopus auctoritate apostolica concedit fidelibus ut, feria 2a, 3a, sa

mae, possint semel in die vesci carnibus

et ovis, iis

temporis Quadragesivcro qui ratione aetatis vel

non tenentur. permittit ut ovis saepius in die utantur.

Quaeritur itaque: i. An non obtantibus mcmorata phrasi ovis saepius in die
utantur, et tenore concessionis, possint ii, qui ratione aetatis vel laboris

laboris jejunare

jejunare non tenentur, vi dictac resolutions vesci carnibus quoties per diem
edunt? 2. An iis, qui jejunare non tenentur ratione aetatis vel laboris,

aequiparandi sint qui ratione intirmae valetudinis a jejunio excusantur, adeo

ut istis quoque pluries in die vesci carnibus liceat?

Appendix.
S.

545

Poenitentiaria, mature consideratis propositis dubiis, dilecto in Christo

oratori in primis respondet transmittendo declarationem ab ipsa S. Poeniten

tiaria alias
S.

datam,

scilicet

"

Ratio permissionis de qua in resolutione data a

Poenitentiaria, 16 Januarii, 1834,

non

est

indultum patrifamilias concessum,

sed impotentia, in qua versantur filiitamilias, observandi

praeceptum."

Deinde ad duo priora dubia respondet

Quoad primum, affinnative.
Quoad secundum, sufficere ptrmissioncm fattain a simplici confessano.
Ad duo vero posteriora dubia respondet Quoad primum, negative ; quod
:

secundum, non

aequiparari.

Datum Romae

in S. Poenitentiaria, die 27 Mali, 1863.

A.-M. CARD. CAGIANO,

M. P.

III.

INSTRUCTIO DE SCHOLIS PUBLICIS AD RMOS EPISCOPOS IN FOEDERAT1S STATIBUS AMERICAE SEPTEMTRIONALIS.

Pluries

S.

Congregatio de Propaganda Fide certior facta est in Foederatis

Statibus Americae Septemtrionalis Catholicae juventuti e sic dictis scholis

publicis gravissima damna imminere. Tristis quocirca hie nuntius effecit, ut

nonnullas
S. Congregatio amplissimis istius ditionis episcopis
quaestiones proponendas censuerit, quae partim ad causas cur fideles sinant
liberos suos scholas acatholicas frequentaie, partim ad media quibus facilius
juvenes e scholis hujusmodi arceri possint, spectabant. Porro responsiones a
praedicta

laudatis episcopis exaratae ad

tionis pro

natura argument!

Supremam Congregationem

Universalis Inquisi-

delatae sunt, et

negotio diligenter explorato

Feria IV., die 30 Junii, 1875, per instructionem sequentem absolvendum ab
Emis Patribus judicatum est, quam exinde SS. Dnus. Noster Feria IV., die 2,1

Novembris

praedicti anni adprobare ac confirmare dignatus est.

Porro in deliberatione imprimis cadere debebat ipsa juventulis instituendae ratio scholis hujusmodi propiia atque pectiliaris. Ea vero S. Congrega

etiam ex se periculi plena, ac perquam adversa rei catholicae.

Alumni enim talium scholarum cum propria earumdem ratio omnem excludat
tion! visa est

doctrinam religionis. neque rudimenta fidei addiscent, neque Ecclesiae instrutntur praeceptis, atque adeo carebunt cognitione homini quam maxime neces-

qua Christiane non vivitur. Enimvero in ejusmodi scholis juvenes

educantur jam inde a prima pueritia, ac propemodum a teneris unguicuHs:
qua aetate, ut constat, virtutis ac vitii semina tenaciter haerent. Aetas igitur
saria, sine

tarn

flexibilis

si

absque religione adolescat, sane ingens malum

est.

Porro

Appendix.

546
autem

in praedictis scholis, utpotc sejunctis ab Ecclesiae

auctoritate, iudiscriminatim ex omni secta magistri adhibentur, et certeroquin ne ptrniciem
afieraut juventuti nulla lege cautum est, ita ut liberum sit errores et vitiorum

semina aneris mentibus inlundere.

Certa item corruptela insuper ex hoc impendet, quod in iisdem scholis aut saltern pluribus earuni, utriusque sexus
adolescentes, ct audiendis lectionibus in idem conclave congregamui. et

eodem scamno, masculi juxta feminas jubentur quae omnia efficiunt

damno circa fidem, ac mores periclitentur. Hoc
autem periculum perversionis nisi e proximo remotum fiat, tales scholae tuta
sedere in

ut juventus misere exponatur

conscientia frequentari nequeunt.

Id vel ipsa clamat lex naturalis et divina.
Id porro Claris verbis Summus Pontifex edixit, Friburgensi quondam Archi-

episcopo die 14

Julii, 1864, ita

scribens

Certe

quidtm ubi in quibuscumque

locis

regionibusque perniciosissimum hujusmodi vel susciperetur, vel ad exitum perduteretur consilium expellendi a scholis Ecclesiae auctoritatem, et juventus misere
expo-

neretur .damno circa fidem, tune Ecclesia non solum dcberet instantissimo studio

omnia

conari, nullisque curis

par cere, ut eadem juventus neccssatiam Christianam

um eliarn cogeretur omnes fideles inonere,

instituiionem, et educalionem habeat, ve:

eisque declarare ejusmodi se kolas Ecclesiae Catholicae adversas

entia f.equentari.

hand

posse in consci

Et haec quidem utpote fundata jure naturali ac divino,

enunciant principium, vimque universalem habent, et ad

generale quoddam
eas omnes pertinent regiones, ubi perniciosissima hujusmodi
juventutis instituendae ratio infeliciter invecta fuerit. Oportet igitur ut praesules amplissimi, quacumque posfint ope atque opera, commissum sibi gregem arceant ab

omni contagione scholarum publicarum.

Est autem ad hoc, omnium consensu, nil tarn necessarium, quam ut Catholici ubique locorum proprias sibi
scholas habeant, casque publicis scholis haud inferiores.
Scholis ergo Catholicis,

sive condendis, ubi defuerint, sive ampliricandis, et perfectius instruendis

parandisque, ut institutione ac disciplina scholas publicas adaequeut, omni

cura prospiciendum est. Ac tam sancto quidem exequendo consilio, tamque
necessario haud inutiliter adhibebuntur,

si episcopis visum fuerit, e congregationibus religiosis sodales sive viri sive muliercs sumptusque tanto operi
necessarli ut eo libentius atque abundantius suppeditentur a fidelibus, oppor
;

tune oblata occasione, sive concionibus, sive privatis colloquiis, serio necesse
est, ut ipsi commonefiant sese officio suo graviter defecturos, nisi omni qua

possunt cura, impensaque, scholis Catholicis provideant. De quo potissimum

monendi erunt quotquot inter Catholicos ceteris praestant divitiis ac auctori
Et vero
tate apud populum, quique comitiis ferendis legibus sunt adscripti.
in istis regionibus nulla obstat lex civilis quominus Catholici, ut ipsis visum
fuerit, propriis scholis prolem suam ad omnem scientiam ac pietatem erudiant.

Est enjo in potestate positum ipsius populi Catholici ut feliciter

quam scholarum illic publicarum institutum rei Catholicae

avertatur clades,

minatur.

Religio autem ac pietas ne a scholis vestris expellantur, id

persuadeant

sibi

plurimum

interesse,

non singulorum tantum

omnes

civjum

ac

Appendix.
familiarum, verum etiam

ipsius

floremissimae

547
Americanae

nationis,

quae

tantam de se spem Ecclesiae dedit.

Ceterum S. Congregatio non ignorat

taliura interdum rerum esse

adjuncta,
prolem suam scholis publicis committere in conscientia
Id autem non poterunt. nisi ad sic
agendum sufficientem causam
ac talis causa sufficicns in casu
aliquo particular! utrum adsit

ut paientes Catholic!

possint.

habeant

necne,

id conscicntiae ac
judicio

Episcoporum relinquendum erit et juxta relata

quando vel nulla praesto est schola Catholica, vel
;

tune ea plerumque aderit,

quae suppetit parum est idonea erudiendis convenienter condition! suae, congruenterque adolescentibus.
Quae autem ut scholae publicae in conscientia adiri possint, periculum
perversionis cum propria ipaarum ratione plus minusve
nunquam non con
junctum, opportunis remediis cautionibusque, fieri debet ex proximo remo-

tum.

Est ergo imprimis

quaeritur,

videndum utrumne

perversionis periculum

in

de qua adeunda

schola,

remotum plane
nequeat velut quoties ibi aut docentur quaedam, aut aguntur, Catholicae doctrinae bonisve moribus contraria,
quaeque citra animae detrimentum, neque
audiri possunt, nedum pcragi.
Enimvero tale periculum, ut per se patet, omnino vitandum est quocumque damno etiam vitae.
sit

ejusmodi, quod

fieri

Debet porro juventus ut committi scholis publicis in conscientia

possit,
necessariam Christianam institutionem et educationem saltern extra scholae

tempus

rite

ac diligentere accipere.

eorum, quae providentissime hac de

Quare parochi
re

et missionarii,

Concilium Baltimorense

memores

constituit,

catechesibus diligenter dent operam,

iisque explicandis praecipue incumbant
veritatibus fidei ac morum, quae magis ab incredulis et heterodoxis
impetun
tur

totque periculis expositam juventutem impensa cura, qua frequenti sacrausu, qua pietate in Beatam Virginem studeant communire, et ad

mentorum

religionem firmiter tenendam etiam atque etiam excitent. Ipsi vero parentes,
quive eorum loco sunt, liberis suis sollicite invigilent, ac vel ipsi per se, vel, si

minus idonei

ipsi sint, per alios, de lectionibus auditis eos interrogent, libros

iisdem traditos recognoscant, et si quid noxium ibi
deprehenderint, antidota
praebeant, eosque a familiaritate et consortio condiscipulorum, a quibus fidei

vel

morum

periculum imminere possit, sou quorum corrupti mores

fuerint,

omnino arceant atque prohibcant.

Hanc autem necessarian! Christianam

institutionem et educationem liberis

suis impeitire quotquot parentes
negligunt aut qui frequentare illos sinunt
tales scholas, in quibus animarum ruina evitari non
potest aut tandem qui,
:

licet

schola Catholica in

eodem loco idonea

sit,

apteque instructa

et parata,

seu quamvis facultatem habeant in alia

regione prolem Catholice educandi,
nihilominus committunt earn scholis publicis, sine sufficiente causa ac sine
necessariis cautionibus, quibus periculum
perversionis e proximo remotum
eos, si contumaces fuerint, absolvi non posse in Sacramento
enitentiae

fiat:

p<

*x doctrina morali Catholica manifestuin

est.

Appendix.

548

IV.

THE SYMBOL OF POPE

PIUS
BY POPE PIUS

IV.,

AS

AMENDED

IX.

(y) n. 326, 664.

DECRETUM.

Ouod a

priscis Ecclesiae

temporibus semper fuit in more, ut christifideli

qua fidem profiterentur, atque

bus~certa proponeretur ac determinata formula,

invalescentes cujusque aetatis haereses solemniter detestarentur, idipsum,

Summus
sacrosancta Tridentina Synodo feliciter absoluta. sapienter praestitit

Patrum decreta incunctanter exequi

Pontifex Pius IV., qui Tridentinorum
forIdibus
Novembris,
1564, Constitutione Injunctam AV>iJ,
edita
properans,
et
cathedralibus
ab
iis, qui
fidei recitandam
concinnavit

mam

professionis
illarum dignitates, canonicasuperioribus Ecclesiis praeficicndi forent, quive
curam animarum habentia
ecclesiastica
tus,

quaecumque

aliaqiie beneficia

ad quos ex decretis ipsius concilii

de monasleriis, convenlibus, domibus, et aliis
special necnon ab iis, quos
ordinum, eliam militarium,
quibuscumque locis regularium quorumcumque
Quod et alia Consliluvcl titulo
contingeret.

essent conseculuri, et ab

omnibus

aliis,

provided
quocumque nomine
In sacrosancto, salubriter praeterea
tione edita eodem die et anno incipiente
vel alios cujuscumque arlis
extendit ad omnes doctorcs, magistros, regentes,
clericos sive laicos, vel cujusvis ordinis regu
professores, sive
vel privatim quoquomodo profilemes, seu
locis
in
publice
laris, quibuslibet
ac tandem ad ipsos hujusmodi
lecliones aliquas habenies vel exercentes,

et facultatis

gradibus decorandos.

jam

vero,

cum postmodum coadunatum

fuerit

sacrosanctum Concilium

Lileras Aposlolicas Posiquam /?,.Vaticanum, e t anle ejus suspensionem per

ab eodem solemniter promul
binae
Munete diei 20 Oclobris, 1870, indictam,
Conslitutipnes, prima scilicet de Fide Catholica, quae
sint

dogmaticae
Pastor actcrnus,
Dei Filifs, et altera de Ecclesia Christi, quae incipit
necessarium
etiam
dijudicatum est, ut in fidei
non solum opportunum, sed
Concilii definitionibus,
Vatican!
professione dogmaticis quoque praememorati

gate

incipit

Quapropore publica solemnisque fieri deberet adhaesio.

prout corde, ila et
ea desuper re voto specialis
U r Sanclissimus D. N. Pius Papa IX., exquisite
S. R. E. Patrum Cardinalium. statuit, praecepit,
Congregationis Emorum
ac mandat, ut in praeciceu
per praesens decretum praecipit,
atque mandavit,
verba praecipue a sacrosancta T
tata Piana formula professionis fidei, post
Concilia Valicano tradita, defimla ac
Occumenico
ab
et
dentina Synodo" dicalur
"

"

"

declarata, praeserthn

utque in posterut-x

de

Romani

fidei professio

Pontificis

Pnmaiu

et InfalUbili

Mngisteno

ab omnibus, qui earn emittere tenenlur.

sic et

Appendix.
non aliter eiuittatur, sub coinminationibus ac poen^s a Concilio Tridentino et
a supradictis Constitutionibus S. M. Pii IV. statutis.
Id igitur ubique, et ab
tmnibus, ad quos spectat, diligenter ac fideliter observetur, non obstantibus, etc.

Datum Romae

e Secretaria S. Congregationis Concilii die 20

Januarii,

1877-

P.
].

ARCHIEPISCOPUS ANCYRANUS,

CARD. CATEWNI, Praefectus.

Secretarius.

THE EMENDED PARAGRAPH.

The paragraph

in the Creed of Pope Pius IV., amended

by the above
decree so as to include a profession of faith in the Dogmatic Constitutions
of the Council of the Vatican, especially as regarde the
Primacy and Infalli
bility, therefore runs as follows
:

Caetera item omnia a sacris canonibus et Oecumenicis Conciliis, ac

praecipue a sacrosancta Tridentina Synodo, et ab Oecumenico Concilio Vaticano
tiaatita, definita

bili

ac dechrata, ptaesertim de

Romani

Pontificis

Magisterio, indubitanter recipio atque profiteer

Primatu

et Infalli-

simulque contraria omnia,

atque haereses quascumque ab Ecclesia damnatas et rejectas et anathematizatas

ego pariter damno, rejicio, et anathematize. Hanc veram Catholicam Fidem,
extra quam nemo salvus esse potest, quam in praesenti
et
sponte
profiteer

eamdem integram et immaculatam usque ad extremum vitae

spiritum, constantissime, Deo adjuvante, retinere et confiteri, atque a meis
subditis seu illis, quorum cura ad me in munere meo
spectabit, teneri et
doceri et praedicari, quantum in me erit, curaturum,
ego, idem N. sponieo
roveo ac juro. Sic me Deus adjuvet, et haec Sancta Dei
Evangelia.
veraciter teneo,

550

Appendix,.
V.

A SYNOPSIS
OF THE RECENT

"

INSTRUCTIO

"

OF THE HOLY SEE

"

DE TITULO ORDINATIONIS,*

ISSUED BY THE PROPAGANDA, APRIL 2?, 1871, FOR MISSIONARY COUNTRIES.

1.
Porro geminus distinguitur titulus ecclesiasticus
Hie postremus obtinet, cum ordinandus talibus bonis
"

scil. et

patrimonialis.

certis,

stabilibus ac

Ecclesia provenientibus, est instructus, quae ad

congruam ejus sustentationem sufficere episcopi judicio censeantur. Eccle
siasticus veto titulus in beneficialem subdividitur ac partpertatis, quibus aliae
frugiferis,

quam ab

aliunde

quaedam veluti subsidiariae atque extraordinariae species adjiciendae sunt,

nempe mensae communis, atque servitii Ecdesiae, missionis, sufficie.ntiac et
Now, the titles beneficii, servitii Ecclesiae, sufficientiae, and collegiiAo
collegii."
not exist with us. The titulus patrimonii may be, but is rarely, made use of in
tituli

the United States.

We

shall therefore pass over

and subjoin merely what

tituli paupertatis mensae communis, and missionis.
regard to these

titles,

what the
it

Instructio says in
teaches concerning the

Paupertatis vero

in religiosa prosays the Instruction,

fessione est positus, vi cujus qui solemnia vota in probata religione emiserunt, vel ex reditibus bonorum, si quae ipsamet religio possideat, vel ex piis
2.

"

i.

"

titulus,"

omnia communia habent quorum ad vitam alendam

Quern vero vocant mensae communis titulum, eos clericos
attingit, qui religiosorum more in communi vitae disciplina degentes, aut
nulla nuncupant vota, aut simplicia tantum, proindeque e domo religiosa
exire aut dimitti, atque ad saeculum redire permittuntur.
Neque enim ad eos
fidelium largitionibus
2.

indigent.

Verum ex

pertinet titulus paupertatis.

hisce clericis

ii

duntaxat communis

promoveri ad sacros ordines possunt, quorum Congregationes

*
aut Instituta peculiari ad id privilegio ab Apostolica Sede aucta fuerint."
3.
3. Titulus missionis, de quo potissimum heic sermo est, adhiberi con-

mensae

titulo

"

in locis
iis, qui Apostolicarum Missionum servitio sese devovent,
circa
Ecclesiae
rerum
ut
commune
ea
est
ea,
conditio,
quae ad
jus
quibus
praerequisitum pro sacra ordinatione titulum snectant, servari adamussim

suevit pro
in

nequeant."

The

See,

on January

then states that ordinaries cannot ordain anyone

by special indult from the Holy See. The Holy
granted this mdult to all the bishops of the United

Instructio

ru6 titulo missionis except

24, 1868,

The indult is now granted only for five years.

who are ordained ad titulum
The
vtissionis must take the missionary oath, and cannot become religious without

States for ten years.

4.

Instructio having explained that those

Instr. cit., n. 2.

C. PI. Bait.

Instr. cit., n. 4.

Ib., n. 6

C. PI. Halt. II., n. 323, not.

cf.

II., n.

323

Konings,

ib., p. cxlvii.

cf. Instr. cit.,

n. 1522.

n. 14.

N.

7.

Appendix.
leave from the

Holy

See, continues

"

55

Quemadmodum

alii

tituli, ita

etiam

hie (titulus missionis), juxta canonicas sanctiones, amitti potest, atque ab

tamen S. Congregationis, cujus est sic ordinatos praestiti juramenti vinculo exsolvere. Quod si amisso titulo generatim, aut etiam timlo missionis, alter ei non substituatur, sacerdos baud propterea remanet suspensus sed ordinarii tenentur compellere ordinatos ad
ordinariis auferri, de consensu

alterius tituli subrogationem."

Pariter sacerdotes regulares, qui vota solemnia nuncuparunt, atque

5.
ex apostolica indulgentia in saeculo vivere permittuntur vel qui ediderunt
vota swnplicia, et e suis Congregationiuus seu Institutis egressi sunt, ad sibi
"

de canonico
"

6.

Qui

titulo

providendum

obligentur."

titulo certae alicujus missionis

ad ecclesiasticos ordines ascen-

suum

derunt, ubi missionarii officium dimiserint, proculdubio,

amittunt

titu-

providere debent si vero alterius missionis servitio deputentur, ut hujus missionis titulum assumant, nova opus erit S. Sedis concessione neque enim eis suffragatur facultas, si quam obtinuerit ejus missionis

lum, ac de alio

sibi

ordinarius,

memorato

titulo (missionis} clericos

ordinandi."

VI.

A SYNOPSIS
rK

THE RECENT

"

INSTRUCTIO

"

"

SACRED CONGREGATION

The

1.

Instructio

fex (December

w states

20, 1585),

DE VISITATIONE SS. LIMINUM," ISSUED BY THE

DE PROP. FIDE," ON JUNE I, 1877.

"

first that,

as decreed in the Const.

some bishops or archbishops

Romanus Pontimake the

are obliged to

ad sacra limina every three years v.g., those of Italy; others every four
others
years, as those of Germany and England others every five years
visit

v.g.,

the bishops of the United States

2.

Then

it

every ten years.

proceeds to explain the question

"

Saepe quaesitum

fuit,

undenam

in

From what

sary to begin in counting these three, four,

five,

computando

is it

period

or ten years?

It

neces.

says.

triennio, quadriennio, etc.,

Et quidem alii opinati sunt ea temporis intervalla episcopos computari debere a die quo ad sedem episcopalem in consistorio renunciati
sunt, aut quo litterae apostolicae ipsis expeditae fuerunt alii a die consecraexordiri oporteat.

tionis

alii

deinque a die acceptae possessionis

marunt initium temporis sumendum esse a

7 Instr.
cit., n.

die,

sedis.

Quidam etiam

quo dioecesis erecta

8

n.

existi-

fuit."

Ib.,n.

12.

proposed that, as the

Ib.,
13.
Church had almost everywhere been despoiled of her property, and there were not sufficient bene
were unprovided with a titulus patrintonii as required
fices, and most candidates for ordination
9

The schema,

of the Vatican Council de

tit. er<1inationis

by canon law, bishops be allowed to ordain candidates either

the conditions required by canon /aw, or ad titulum

ad titulum

s?>--v,r<,

ib..

Doc., p.

10

138).

N.

1-3.

patriionii. at lacking

dioecesis (Martin,

Arb ,p 92;

ll Instr.
cit., n. 4.

Appendix.

552

Ad omnes hujusmodi opiniones e medio tollendas sat est, ea quae Sixtus

8 Constitutionis pracktae
V. constituit, sedulo inspicere aperte enim in
enunciatur, a die publicationis ejusdem Constitutionis Episcopos ad SS.
"

3/

Apostolorum cineres visitandos omnino teneri."

ipatia omnibus incipiunt currere a die, quo bulla
a die 20 Decembris, 1585.

"

Igitur, praedicta

Sixti

V. edita

annorum

fuit,

hoc

est,

ia

4. The Instruclio^ having explained that the foregoing applies also to

14
Cum quispiam ad sedem
bishops of newly created dioceses, continues
episcopalem, sive ex veteribus, sive ex novis (sedibus episcopalibus) evehi"

et si, praefiniti temporis

tur, diem quo lex Sixti V. prodiit, prae oculis habeat
inde incipiens computationem, noverit ejus praedecessorem vertente triennio,
;

quadriennio,
earn

etc.,

absolvendam

oneri SS.

Liminum

adstringi.

visitationis

paulo ante

haud

fecisse satis, sciat

sead

quis dioeceseos curam assumpserit

sub antecessore incoeptum ad exitum per-

Econtra

si

quam triennium, etc.,

cum temporis defectu nondum

in promptu possit habere quae ad

statum propriae ecclesiae referendum requiruntur, succurrit remedium in\
plorandae prorogationis quae hisce praesertim in adjunctis a S. Sede facile
veniret,

16

impertitur."

The

5.

facilities

Instructio next declares that at present,

and speed of

The schema of

to the extraordinary

excusing bishops from per

ad SS. Limina can occur but rarely that, conse

sonally making the visit

quently, the Holy See desires that they should
18
not merely by proxy.
11

owing

travelling, legitimate causes

make

the visit personally,

of the Vatican de Episcopis (cap. iv.) proposed that these

no longer be computed from December 20, 1585, but from the day
which the decree of the Vatican Council on this head would be promulgated (Martin Doc.,
the Council

"

"

three, four, etc., years should

p. trf).
11 Instr.
cit., a. 5, 6.

"Ib.,n.

7, 8.

Instr. cit., B. 9, 10.

Fb.

n. 11-15.

Appendix.

553

VII.

DE EPISCOPIS

IN

HIBERNIA SELIGENDIS.
I.

DECRETUM
SACRAE CONGREGATIONS GENERALIS DE PROPAGANDA FIDE, HABITAE DIE PRIMA
JUNII ANNO 1829, DE EPISCOPIS IN HIBERNIA SELIGENDIS.
(Supra, n. 345, 349, 351.)

Cum ad gravissimum Electionis Hiberniae Episcoporum negotium rite sancteque absolvendum, certam aliquam methodum ubique in eo regno servandam
opportunum esse Sacra Congregatio intellexerit, qua fieret,
Sedes Apostolica exploratam notitiam habere possit meritorum Sacerdotum
pro quibus commendationes afferuntur, ut ad aliquem Hiberniae Episcopatum
statuere in primis
ut

eligantur,

enda

eadem Sacra Congregatic, postquam diu multumque de ea re defini.

tandem conventu die prima Junii anno 1829, refer,

cogitavit, in generali

ente Eminentissimo et Reverendissimo D. D.

lari,

Mauro

S.

R. E. Cardinal Cappel-

Sacrae Congregationis Praefecto, censuit ac decrevit,

regno Hiberniae super ea re servandam

in

methodum

in toto

posterum, esse debere earn quae hie

describitur.

Sede itaque Episcopali, sive per

antistitis obitum, translationem, aliamve ob

posterum vacante, Vicarius, juxta formam a sacris canonibus praescriptam, constituatur, qui dioecesi viduatae, durante vacatione, praesit.
Met-

causam

in

ropolitanus Provinciae, ubi vocatio contigerit, simul atque de vacatione, et

Vicarii electione certior factus fuerit. literis mandatoriis Vicario edicat, ut in

diem vigesimum a dato

Summo
unus a

Pontifici

edicto, in

commendare

tres

unum

convocet omnes, ad quos pertinebit

dignos ecclesiastici ordinis viros, quorum

Summo

Pontifice Dioecesi vacant! praeficiatur.

Qui sint ii qui convoqua in forma convocandi sint, habetur ex sequent! expositione.
Qui in Hibernia nuncupantur Parochi, scilicet clerici ad ordinem Sacerdotalem
evecti, censurarum immunes, qui parochiae. seu parochiarum unitarum, actual!
cari debent,

ac pacifica possessione gaudeant, ad comitia convocandi sunt.

capitulum,

convocabuntur cum

Parochis etiam

Canonici.

Ubi vero adest

Vicarius,

edicto

Metropolitan! accepto, intra octo dies singulos presbyteros supra designates,

litteris scriptis admonebit ut loco quodam
opportune, in eadem monitior.e nominatim exprimendo adsint die in edicto Metropolitan; statuto, ad tractandum de
negotio ibidem descripto.
Metropolitanus ipse, vel unus de Suffraganeis ejus
episcopis ab ipso delegatus, comitiis praesidebit, et nulla prcrsus. et invalida
habenda sunt ibidem acta, et slatuta, non servata forma supra definita, sive in

convocando

sive in

die et loco statutis,

moderando conventu.

mane

in

Parochis ceterbque de quibus supra,

solenmis de Spiritu Sancto

unum congregatis, Missa

Appendix.

554
celebretur

Missaque

Vicarius catalogum

Praeses super sedile

finita,

omnibusque, quorum

nihil interest,

in

medio

ecclesiae ascendet,

exire jussis, foribusque ecclesiae clausis,

nominum omnium Parochorum

capitulum, dioecesis vacantis Praesidi tradet, qui

si

adsit ibi

eorumdem nomina,

clara ac

et

Canonicorum,

distincta voce, a Secretario suo recitari mandabit, et unicuique eorum,

nomini responderit, sedem propriam assignabit.

probatione admissa, absentia cujusvis numeri,

fuisse, et tali

quae

Parochorum numeri
in comitiis gerantur.

in diocesi in

unus aut plures Parochi

probationem exquiret, absentibus sine fraude edictum

absint, praeses a Vicario

totius

Si

postquam

modo

quarta pars

quominus rata et valida sint,

Idem servandum erit circa Canonicorum numerum,

adsit, nihil obstabit,

qua Capitulum

adest.

Parochis ac Canonicis, qui Vicarii moni-

propter adversam valetudinem, aliamve ob causam parere non valeant, liberum erit, suffragia sua propria ipsorum manu scripta, involucro sigillato
inclusa, et extrinsecus ad Praesidem directa, cuivis alii Parocho vel Canonico
tioni, sive

ejusdem Dioecesis confidere; et suffragio sic habito, et probato, eadem inerit

vis, ac si Parochus aut Canonicus ipse praesens adesset; modo literae certificatoriae de adversa ejus valetudine, a

ad Praesidem transmittantur.

modo supra

suffragium,

duobus

artis

medicinae peritis subscr iptae,

iste vel Canonicus priusquu.m

Insuper parochus

descripto ferat,

eamdem declarationem

emittet,

quam

Canonici inter comitia emittere coram praeside debebunt;

ejusque declarationis coram duobus Parochis vel Canonicis emissae probatio, in

ceteri Parochi ac

medium
Comitiis

erit

ita

proferenda coram

Praeside,

antequam suffragium

admittatur.

compositis, ac Praeside tractanda proponenteduo Scrutatores juxta

canonum formas, eligantur. Dein Suffragatores tactis simul manu

coram Deo pro se quisque affirment, se neque gratia, neque favore

consuetas

pectoribus,

inductos

ei

suffragaturos,

Postea suffragio

quem dignum

judicent, qui Dioecesi vacanti praefici-

urnam immisso.

singuli ad propriam sedem recedent.

His peractis, clara altaque voce a Scrutatoribus ad Praesidem, et a Praeside
ad conventum, renuntianda sunt nomina trium eorum Sacerdotum, in quos
atur.

in

major Suffragiorum numerus convenerit. Tune Praeses, narrationem authenticam in scriptis redactam, parari coram comitiis, ejusdemque duo exemplaria a
se ipso et secretario atque scrutatoribus subsignanda, exscribi curabit.

Ex

istis

exemplaribus alterum Vicario tradendum, qui idem ad Sedem Apostolicam

transmittat; alterum vero ad Metropolitanum, cujus munus erit idem ad Suffra-

ganeos suos Episcopos

in

unum

congregates referre.

Quaecumque jura, privitanquam Praesidi conventus propria,

eadem, Sede Metropolitana vacante, Seniori Provinciae Suffraganeo communilegia,

cari

et

munera supra recensentur

volumus.

Episcopis Provinciae, Praeside Metropolitano, aut ipsius defectu Seniore

Provinciae Suffraganeo in unum congregatis, et narratione authentica supra

memora^ coram
ferent.

ipsis prolata, de eadem coram Deo judicium sententiamque

Praeses Episcoporum Suffraganeorum sententiam de meritis trium

Sacerdotum, qui sedi Apostolicae commendantur,

literis

consignatam, unius-

Appen dix.

555

manu subscriptam, sigilloque munitam, ad Sedem

Semel peracta commendatione, si Episcopi judica
verint tres illos commendatos minus dignos esse, quorum unus ad Episcopatum
promoveatur, tune quin detur novae commendationi locus, Summus Pontifex

cujusque Episcopiet Praesidis

Apostolicam transmittet.

pro sua sapientia, viduatae ecclesiae providebit.

Si agatur de Episcopo Coadjutore, cum jure successionis cuivis
Episcopo assignando, eadem, quae, sede vacante, commendandi forma servanda est, cauto

tamen varia pnvilegia, jura

et munera Metropolitano, aut Seniori Episcopi

Suffraganeo jam attributa, ad Archiepiscopum, aut Episcopum cui coadjutor
assignandus est, unice pertinere, illaeso tamen servato jure Metropolitani,

quando Suffraganei ejus Episcopi ad ferendum suffragium convenerint. Tan

Sedis Apostolicae approbationi commendentur, cives sint indi-

dem quicumque
genae

Hiberniae

obstricti,

morum

Serenissimo
integritate,

Britannici

Imperii

doctrina,

pietate,

Regi

fidelitate

incorrupta

Episcopum

ceterisque quae

decent, dotibus insigniti.

Haec sunt, quae in commendandis Sedi Apostolicae Sacerdotibus pro episcoporum Hiberniae electione, Sacra Congregatio servanda praescripsit. Ea vero
decernens, significari omnibus voluit, in documentis de hac re pertractantibus,
ad Sanctam Sedem transmittendis, nihil inveniri debere, quod electionem, postulationem, nominationem innuat, sed simplicem

praeterea documenta esse debere

ut inde pateat

jussit, in

nullam in Sanctam Sedem

commendationem

forma supplicis

inferri

libelli

memorata

ita

obligationem eligendi

concepti,

unum

ex

commendatis.
Declaravit denique Sacra Congregatio. salvam semper atque illaesam manere
debere, Sedis Apostolicae libertatem in eligendis Episcopis, ita ut commenda
tiones, lumen tantum, et cognitionem Sacrae Congregationi, nunquam tamen
obligationem sint allaturae.
Datum Romae ex Aedibus die. Sac. Congregationis die 17 Octobris, 1829.

Gratis sine ulla

omnino solutione quocumque

titulo.

D. M. CARD. CAPPELLARI,
Praefectus.

C. CASTRACANE, Secretarius.

II.

DE EPISCOPIS

IN

HIBERNIA SELIGENDIS.

(Supra, n. 351.)

ILLUSTRISSIME AC REVERENDISSIME DOMIXE

Initum a Sacra Congregatione consilium ut certam methodum

quando agitur de episcoporum electione

in

in

regn

Hi

commendandos Apostolicae Sedi

eo totum versatum est ut memorata

berniae pervandam decerneret circa sacerdotes

Appendix.

556

methodo accurate servata Apostolica Secies exploratam notitiam habere possit

meritorum sacerdotum pro quibus commendationes afferuntur. Quare Sacra
Congregatio in decreto quod die prima Junii anno 1829 ea de re factum fuerat
ac die 17 Octobris ejusdem anni
ut

commendationes

illae

promulgatum est, declaravit mentem suam esse

lumen tantum ac cognitionem sibi compararent circa

eos inter quos Apostolica Sedes episcopos est electura.

Voluit quidem diocesanum clerum consuli atque ejusdem opinionem circa sacerdotes commendandos
Id autem ea tantum de causa factum est, ut
per secreta suffragia requiri.
sanctae Sedi constaret quinam praecipue sacerdotes aestimationem obtineant
cleri dioecesani, et tale testimonium consequantur ex
quo intelligi posset eos
apud diocesanum clerum ad episcopatum consequendum idoneos censeri. Hoc

vero unico scrutinio

fieri

morati contextus hie

scrutinio constet

posse manifestum

est, ut in

quinam

uno tantum

est, et

revera decreti superius ine-

scrutinio res peragatur atque ex eo

sint tres sacerdoles in quos

major suffragiorum numerus

convenerit.

Ad

Sacrae Congregationis notitiam nuper pervenit in aliquibus Hiberniae

in conventibus qui habentur a clero diocesano ad

dioecesibus hoc obtinuisse ut

sacerdotes sanctae Sedi

unum

sed tria fiant

tres praestantiores

commendandos ex quibus episcopus

aliquis eligatur

intelligens Sacra Congregatio hinc evenire posse ut

ex clero, sed unus revera commendetur atque

ei

duo

non
non
alii

ad formam tantum adjungantur meritis omnino inferiores; cupiens praeterea eadem Sacra Congregatio ubique in Hibernia eamdem methodum circa
veluti

ejusmodi commendationes servari scribendum judicavit Amplitudini Tuae hanc

epistolam caeteris Archiepiscopis communicandam ut in dioecesibus omnibus
Hiberniae constet unicum scrutinium in conventibus cleri peragendum esse ad
tres sacerdotes sanctae Sedi

commendandos antequam

alicujus Hiberniae dioecesis electionem, et hunc

sensum

Precor

esse.

Deum

ipsa deveniat ad episcopi

verum

interea ut amplitudinem

decreti diei

Tuam

Junii 1829

diu sospitem ac

felicem servet.

Romae ex

aed. S. C. de Prop. Fide, die 25 Aprilis, 1835,

Amplitudinis tuae

Ad

Officia Paratissimus,

CH. CARD. FRANSONIUS, Praef.

A. MAIUS, Secretariats.
J.

R. P. D. DANIELI

MURRAY,

Archiepiscopo Dublinensi,

Dublinum.
In Decreto recentiori S. Congregationis de Prop. Fide statutum est ut conventus
Episcoporum provinciae qui sententiam dicere debent de meritis trium sacerdotum a clero
P.S.

selectorum teneatur decem diebus post conventum cleri ipsius.

557

Appendix.
VIII.

INSTRUCTIO
S.

CONGREGATIONS DE PROPAGANDA FIDE PRO ANGLIA, CIRCA

COMMENDANDOS AD EPISCOPATUM.
(Supra, n. 345, 349-)
21 Aprilis 1852.

Ut Ecclesiae noviterper
4ies floreant, iisdemque

Smum

D. N. in Angliae regno constitutae magis in

Antistites

jugiter

praeficiantur qui vitae

si

ecclesiasticis viris, qui sacris

ab

probitate,

peropportunum visum est,

obeundis muneribus inter alios praestiterunt,

doctrina, zelo, ac prudentia spectatissimi existant

nonnulli
potissimum vero testimonio Episcoporum pro tempore existentium,
ex quibus eadem ad episcopalem gradum,
Sedi
commendentur,
Apostolicae

quem magis idoneum censuerit eligere valeat.

Commendatio vero hujusmodi tanti momenti
madversionibus ab

Emo

ac

Rmo

RR. PP. DD. Episcopis Angliae

de

gatio

Propaganda

D. Nicolao

S.

esse noscitur, ut inspectis aniR. E. Cardinali Wiseman ac

redditis, ac re accurate perpensa, S.

Fide, in generali conventu

habito die

5.

Congre-

Aprilis 1852.

censuerit.
peculiar! instructione methodum proponendam
Cum Episcopus est constituendus, capitulariter dignitarius et canonici illius

Ecclesiae conveniant, precibus de

more praemissis

ac praestito jurarnento

de

secreto servando, tribus vicibus suffragia ferantur circa personas Sanctae Sedi
Si in al-iqua ex tribus vicibus in favorem
veluti digniores commendandas.
excedant majorem partem vocum, actus
tot numero
nullius adsint
suffragia

nullius

momenti

quae

existat, atque iterum suffragia ferantur.

Actus capitularis, rite descriptus atque obsignatus, transmittendus erit ad

vacante sede archiepiscopali,
Archiepiscopum, vel ad Suffraganeum antiquiorem
vel

si

de commendandis ad ipsum archiepiscopatum agatur ut coetus episconomina alphabetico ordine descripta, quae in
votationibus majorem suffragiorum partem obtinuerint ad S. C,
;

circa tria
palis, consiliis collatis,
referat, singulis

suamque opinionem

Demum cum

tradat, transmisso etiam ipso authentico capitulari actu.

contingere aliquando possit, ut canonici legitime impediantur

in quo hujusmodi fieri debet commendatio accedant, censuit

ne ad capitulum
ad effectum tanS. Congregatio admittendos tune esse eorumdem procuratores
1

schedam cum nomine et praenomine eligendi.

Caeterum animadvertendum ac declarandum censuit S. Congregatio, his
omnibus contineri tantummodo commendationem, adeo ut. quando necessarium

ium

tradendi

suo utatur jure alterum quoque,

opportunum videatur, Apostolica Sedes
praeter commendatos, eligendi.

vel

tres schedas, cum nominibus trium virorum proSive, prout postea a S. C. explicatum est,
Notandum est generatim quod, sicubi aliqua discrepantia inveniatur, inter

ponendorum.

ista ab ipsa S. C.
decreta Synod! et docutnenta ipsa ad quae referuntmr, hoc inde eveniat, quod
In praxi igitur adhaerendum textui SynodL
fuerint.
per subsequentes epistolas modificata

N. C.

W.

55 8

Appendix.

Cum
gationis

vero haec omnia Sino D. N. Pio

Papae IX ab infrascripto S. Congresecretario relata fuerint in audientia diei 6.
ejusdem mensis et

Sanctitas Sua benigne

eadem probavit ad

anni,
servari decrevit, contrariis
quibus-

cumque baud obstantibus.

Datum etc.

ALEXANDER BARNABO,

ON THE MODE OBSERVED BY THESE CHAPTERS

IN

Secretarius.

THE ELECTION OF

BISHOPS.

Post mortem Episcopi singuli canonici aderunt ut

ejus funeri debito cum
Et intra octo dies a morte
Episcopi, capitulum nominabit per liberam electionem suum vicarium,
qui ad tramites canonurr
dioecesim regere possit, quique semel nominatus non
potest revocari a cap itulo,
quique unus tantum esse potest.
42.

honore faciendo assistant.

Tune

loco et die ab Archiepiscopo, vel, eo

impedito vel demortuo, ab
seniore
Episcopo
assignanuo, non tamen ultra mensem a die mortis Episcopi,
43-

capitulum convocabitur et, celebrata per canonicum digniorem missa de

Spiritu
sancto, et praestito a singulis juramento de secreto
servando, canonici suffragia
sua secreto deponent in urna ad hoc disposita.
In primo
;

suffragio singuli

adnotabunt nomen

illius

personae ecclesiasticae

quam ad sedem vacantem

Domino judicaverint. Haec vero suffragia in

magis
scriptis dabuntur, nulla discussione praecedente in conventu capitulari, et a tribus scrutatoribus in initio sessionis electis excipientur. Ita tamen
plicanda sunt utnonnisi
idoneam

in

nomen proponendi
suffragium

sit

legi

sigillo

versus ab eo, quo utitur ordinarie

tione

Nomen

possit.

bene clausum

suffragiorum, scietur

si

is

proponentis interius scribatur,

Stylus vero scriptionis sit

non noto.

qui suffragium

fert.

et
di

Deinde, ex compara

quis habuerit totidem suffragia sibi favorabilia,

quot excedunt medietatem suffragiorum tarn praesentium, quam absentium per

procuratores repraesentatorum, non vero absentium absque procuratore.
Publicatis post quodlibet scrutinium nominibus, comburantur
ipsa suffragia
44. Absentes tamen non valent per litteras votum suum aperire, sed per
procuratorem e gremio capituli eligendum, et munitum legitimo mandato, quod
non potest admitti nisi propter causam vere necessariam, clare
descriptam et
vel propter infirmam valetudinem,
capitulo probandam
quoin casu exprimatur
quod de consilio unius saltern medici et unius canonici documfinto
se sub;

ipsi

scribentium. capitularis nequit adesse.

Procurator est admittendus duntaxat

ad tres schedas tradendas contmentes nominaet praenomina deligendorum

45. Quodsi in primo scrutinio nullus fuerit assecutus majorem numerum,
iterum suffragia ferantur usque dum unus fuerit ilium assecutus.

Appendix.
46.

559

Hac etiam ratione procedendum erit ad designationem

De hisce omnibus instrumentum fiet his terminis.

alterius et tertii

candidati.

,,Vacante propter obitum vel

sub
Sede N., capitulum sessionem secretam habuit, hac die
missam
de
in
celebratam
vel
...
R.
P.
D.
qua post
Archiepiscopi
praesentia
,,R. P. D.

Spiritu sancto, electi fuerunt scrutatores R.

.,

R.

.,

R.

Facto ter scrutinio constat ex majore numero suffragiorum proponendos

esse S. Sedis judicio viros ecclesiasticos quorum nomina hie ordine alphabetico
,,

describuntur R. D. A. B.- R. D. C. D.- R. D. E. F.

,,Omnia vero peracta fuerunt ad tramites decretorum Sacrae Congregationis

de Propaganda Fide.
,,In quorum fidem has praesentes rite publicatas in capitulo, munitas sigillo
dari
capitular!, et sub manu praepositi, secretarii, et scrutatorum, capitulum
jussit die

mensis

anni

G.

A. praepositus.

scrutatores."
M.
N.)
quorum unum apud Capitulum

D. secretatius.

..Sigil.

>

asservetur,
Triavero exemplaauthentica riant,
alterum apud Archiepiscopum, tertium vero ab Archiepiscopo ad Sac. C. de
Propaganda Fide transmitutur.

IX.

HOW SHOULD OUR CONSULTORS AND IRREMOVABLE RECTORS

PROCEED
THE form
laid

THE ELECTION OF BISHOPS?

IN

Bishops to be observed by Cathedral Chapters, as

The election
III. and still in force, is as Wows.

of electing

down by Pope Innocent

namely, (a) either by secret suffrage

or by acclamation.* The e ection usually
takes place in the first way, namely, by voting or suffrage.
How is the voting to be conducted? i. When those who have a right to

must take place

or voting,

(b)

one of these three ways

in

or by compromise,

(c)

vote are assembled, they first choose three tellers, whose duty il shall be to
2. Next the voting itself, wb ch must be
receive, count, and announce the votes.
secret, takes place thus each voter (a) either writes down his vote on a ticket or
:

ballot,
tellers,

and hands

though

in

it

to the tellers, (6) or he

a low voice, so that he

in this case, the tellers

all

have voted, the

must

tellers

at

once write

communicates

his vote orally to the

may not be heard by the other voters;

down the vote given orally. 3. When

count, and announce the entire vote in the presence

of the voters.
If it is founo!

that

no one has obtained a majority of votes of all the voters

some one has obtained

present, the voting or balloting must be repeated until

the requisite majority of votes.

It will be seen that our mode of voting for candidates for vacant Bishopric?
*

Cap.

42,

de Elect.

(I. 6).

Appendix.

560
is

main* the same as

in the

From

above.

this

it

that prescribed

will also

be seen

that,

by the general law and described

if after the vote has been

with us,

found that the candidates have not received the requisite majority of
received
votes, the voting must be repeated until three candidates have each
No candidate can be placed on the list unless
a majority of all the votes present.
taken

it is

he has received a majority of votes of

all

the voters present.

X.

MODE OF ELECTING BISHOPS AS PRESCRIBED BY THE GENERAL

LAW OF THE CHURCH, AND AS STILL IN FORCE.
is laid down in the following decretal issued by Pope Innocent
Quia propter diversas electionum formas, quos quidem invenire
multa impedimenta proveniunt, et magna pericula imminent

THIS mode
III. in 1215

et

conantur,
Ecclesiis

"

viduatis

Statuimus,

omnibus qui debent,

cum

ut

et volunt, et

fide digni, qui secrete et

de collegio

celebranda,

fuerit

electio

possunt

commode

sigillatim vota

interesse,

prsesentibus

assumantur tres

cunctorum diligenter exqui-

communi

rant, et in scriptis redacta

mox

publicent

tionis obstaculo interjecto

ut

collatione habita eligatur, in quern omnes, vel

major
viris

is

Aliter electio facta

pastore.

non

nullo prorsus appella-

Vel saltern eligendi potestas aliquibus

Ecclesiae viduatae provideant de

et sanior pars capituli consentit.

idoneis committatur, qui vice

in

omnium

valet
vitio

communiter

nisi forte

esset

ab omnibus,

Qui vero contra praescriptas

celebrata.

quasi per inspirationem, absque

formas eligere attentaverunt, eligendi ea vice potestate priventur.
ne quis in electionis negotio proi. Illud autem penitus interdicimus,
"

nisi sit absens in eo loco, de quo debeat advocari, justoque

facial
impedimento detentus venire non possit super quo, si opus fuerit, fidem
vicem suam.
juramento et tune si voluerit, uni committal de ipso collegio

curatorem constituat,

"

2.

Electiones quoque clandestinas reprobamus, statuentes, ut

electio fuerit celebrata, solemniter

publicetur."

* Cone. PI. Bait. III., n. 15,

i,

ii, iii.

quam

cito

Appendix.

561

XI.

DECREE OF THE SACRED CONGREGATION OF PROPA

GANDA FIDE APPOINTING MOST REV. ARCH
BISHOP SATOLLI TEMPORARY DELEGATE APOS
TOLIC IN THE UNITED STATES.
DECRETUM.
Quo

controversiae, quas inter

Foederatorum

Epiycopos

et sacerdotes

amplissimae Statuum

ditionis adesse contingit, promptiori faciliorique ratione

iis

possint, citiusque

sublatis tranquillitas,

quae turbari per eas

componj

solet, in Dioecesi-

bus restituatur, peropportunum visum est huic Consilio Christianae Fidei Propagandae, occasione capta commorationis R. P. D. Francisci Satolli Archiepiscopi

Naupactensis

in supradicta

Respublica eidem quoad

illic

fuerit,

commissariam

facultatem facere memoratas controversias cognoscendi componendique,

omni

appellatione remota, et servata tantum in substantialibus judicii forma, duobus

tamen semper

adhibitis adsistentibus spectatissimis e clero in singulas vices deli-

Quam

gendis.

ejusdem
Octobris,

sententiam Ssmo.

D. N. Leoni XIII. relatam ab infrascripto

Congregationis prosecretario in audientia diei 30 superioris mensis

Sanctitas sua benigne adprobait ratamque habuit, eaque super re

S.

praesens Decretum confici jussit.

Datum Romae, ex sedibus S. Congregationis de Propaganda
3

Fide

die

Novembris 1892.
[Locus

Sigilli.

M. CARD. LEDOCH OWSKI, Praef.

.
T
r A. LARISSEN,
Prosecretartus.

XII.

BRIEF OF POPE LEO XIII. ESTABLISHING A PERMA

NENT APOSTOLIC DELEGATION IN THE UNITED
STATES.
LEO

POPE, TO HIS
SATOLLI, TITULAR

XIII.,

The apostolic
Greeting and apostolic blessing.
which the inscrutable designs of God h ive laid on our shoulders, unequal

VENERABLE BROTHER
office

VENERABLE BROTHER, FRANCIS

ARCHBISHOP OF LEPANTO.

though they be to the burden, keeps us in frequent remembrance of the solicitude

incumbent on the Roman Pontiff to procure with watchful care the good of all

Appendix.

562
the churches.

germs

This solicitude requires that

of dissension be

of religion

weeded

out,

in all,

even the remotest, regions the

and the means which conduce to the increase

and the salvation of Christian souls be put into effect amid the sweet
With this purpose in view we, the Roman Pontiff, are wont to

ness of peace.

who represent and act for

procure more speedily and energetically the good,
prosperity, and happiness of the Catholic peoples.
For grave reasons the churches of the United States of America demand of

send from time to time to distant countries ecclesiastics

the

Holy

may

See, that they

Hence we came to the conclusion that an apos

us special care and provision.
After giving attentive and
tolic delegation should be established in said states.
serious consideration to

all

the bearings of this step, and consulting with our

venerable brothers, the cardinals in charge of the Congregation for the Propaga
tion of the Faith, we have chosen you, venerable brother, to be entrusted with

and ardor for religion, your wide knowledge, skill

prudence, wisdom, and other remarkable qualities of mind
and heart, as well as the assent of the said cardinals, justify our choice.
such delegation.

Your

zeal

in administration,

Therefore, venerable brother, holding you in very special affection, we, by

our apostolic authority and by virtue of these present letters, do elect, make, and
declare you to be Apostolic Delegate in the United States of America, at the

good pleasure

of ourself

and

this

Holy

We

See.

grant you

powers necessary and expedient for the carrying on

command

all

whom

it

concerns to recognize

supreme power of the delegating

concurrence, and obedience in

all

salutary admonitions and orders.

clare or inflict duly against those

Pontiff

things

in

all

and singular

We

of such delegation.

you as apostolic delegate the

we command

that they give

you

that they receive with reverence

aid,

your

Whatever sentence or penalty you shall de

authority we will ratify, and

who oppose your

with the authority given us by the Lord will cause to be observed inviolably
until condign satisfaction be made, notwithstanding constitutions and apostolic
ordinances, or any other thing to the contrary.
Given at Rome, in St. Peter s, under the

Fisherman

Ring, this twenty-

fourth day of January, 1893, of our Pontificate the fifteenth year.

(Signed)
[Seal of Ring.]

SERAFINO, Cardinal VANNUTELLI.

{Secretary

of Briefs.}

CONTENTS.
BOOK

I.

ON ECCLESIASTICAL PERSONS.
PART

On

I.

the Principles of Ecclesiastical

CHAPTER
On
Art.

I.

Art.

II.

the

Name,

Division of

Definition, etc., of

in general,

Canon Law

What

Art. IV.

Division of

is

Law

Canon Law,

....
.....

the Sources of

How many

I.

Art.

II.

i.

Art. III.

2.

Art. IV. 3.

4.

Canon Law

Sources of

I.

De

are there

.11
.

13

14

of

.....

of

Canon Law,

.......

Of the Decrees

Fontibus Juris

Of S. Scripture as a Source of Canon Law,

Of Divine Tradition as a Source of Canon Law,
Of the Law enacted by the Apostles as a Source
Canon Law,
Of the Teaching of the Fathers as a Source
Canon Law,

of

II.

Canon Law

CHAPTER
5.

("

Art.

10

"),

^rt

Canon Law,

Canonici

V.

CHAPTER
On

FAGS

I.

Various Meanings of the term Jits,

Art. III.

Art

...

Law,

14

16

III.

of the Sovereign Pontiffs as a Source

.17

Nature of the Power of the

563

Roman

Pontift.

17

Contents.

Art.

II.

Art. III.

Art. IV.
Art.
Art.

...

Of the Acceptance of Pontifical Laws,

Of the Exercise of the Pontifical Authority,
Of the requisite Promulgation of Pontifical Laws,
.

On

I.

Art.

II.

28
IV.

the Decrees of Councils as a Source of

Canon

......

Law,
Art.

Of Oecumenical Councils,
Of Particular Synods, whether

CHAPTER
On

the

Law,
Art.

I.

32
32

National, Provincial, or

Diocesan, especially in the United States,

7.

23
26

Rescriptis),

CHAPTER
6.

19
22

V. Various kinds of Papal Letters or Constitutions,

VI. Of Rescripts (De

MM

34

V.

.........

Roman

Congregations as a Source of Canon

Force of the Decisions of the Sacred Congregations,

40

40

43

CHAPTER V
On Custom

8.

Canon Law,

as a Source of

Art.

I.

Nature and Division of Custom,

Art.

II.

Essential Conditions of Custom,

Art. III. Effects

and Abrogation of Custom,

CHAPTER
On

National

I.

II.

45

49

VII.
Canonico

No-

51

Of the National Canon Law

On
Art.

.... ....
of the United States,

CHAPTER
I.

43

Nature and Essential Conditions of National Canon

Law,
Art.

....
.

Canon Law (De Jure

tionali),

Art.

Privileges

De
("

Nature, Division,

On

the History of the

Canon Law

"),

of Privileges,

CHAPTER

53

VIII.

Privilegiis

etc.,

56

56

IX.

Common Canon Law, or

of the Entire Church,

of the
.

63

Contents.

565
PACB

Art.

I.

Of Collections

of Canons in genera!

nonum"},

Art.

II.

Of

the State of

.....

Canon Law

Eastern Collections,
Art. III. History of

Canon Law

("

Collections Co"3

in the Oriental

Church
66

in the Latin Church

Collec

Gra-

tions of Dionysius Exiguus, Isidore Mercator,

....

tian, eta,

CHAPTER

CHAPTER XL
for the Construction of

PART

67

74

X.

History of Particular or National Canon Law

tory of Canon Law in the United States,

Rulae

Laws,

His
.

....

79

II.

Persons pertaining to the Hierarchy of Jurisdic

that is, of Ecclesiastics as vested
tion in general

Of

with J- urisdictio Ecdesiastica in general,

CHAPTER
Definition
"

of

the

Hierarchy" in

Church

I.

Meaning

of the word
81

general,

CHAPTER

II.

Nature and Object of Ecclesiastical Jurisdiction,

Difference between the Power of Jurisdiction and that
.

Art.

I.

Art.

II.

of Order

What

81

85

85

Pothe precise Extent or Object, i, of the

Potesta
Ordinis" ;
2, of the
J^urisdic"

is

"

tcstas

88

tionis"!

CHAPTER

117.

Division of Ecclesiastical Jurisdiction,

93

Contents.

566

CHAPTER

IV.
PAGi

Mode

.....

of Acquiring Ecclesiastical Jurisdiction in gene

ral,

Art.

I.

Art.

II.

Of the
Of the

Subject of Ecclesiastical Jurisdiction,

CHAPTER

gafa,"

"

........
........

Eccl. Jurisdiction

Art.

II.

Eccl."),

Erection of Parishes
in

the U.

S.,

Art. III. Erection of Parishes

is

attached

Per

"

"

Viam

Per

("

"

Creationis,"

CHAPTER
On

Canonica"),

Art.

I.

Art.

II.
i.

2.

3.

4.

Art. III.

IV.

Unionis,"

Of Appointments

to Ecclesiastical Offices

Insfitutio

("

in general,

Of Appointments in particular,
Of Election,
Of Postulation,
Of Presentation and Nomination,
Of Appointments proper (Collatid),

........

Mode

127
127
135
135

140

.....141
.

142

of electing the Sovereign Pontiff

Of Appointments

115

.122

VII.

of Pope Plus IX., Dec. 4, 1869,

Art.

S.,

no

"

.....
.....
.....
........

Appointments

Io6

especially

Viam Dismembrationis

Per Viam

106

Comtitutio Officio-

Division of Parishes, especially in the U.

Art. IV. Erection of Parishes

ioi

VI.

.
of acquiring
Jurisdictio Ordinaria,"
the Institution or Establishment of Offices to which

rum

98

V.

.........

Mode
Of

97

Titulus jpuris-

"

CHAPTER
I.

("

97

of acquiring Ecclesiastical Jurisdiction in par

Manner of acquiring
^urisdictio Dele-

ticular

Art.

........

Requisite Title to Jurisdiction

dictionis"),

Mode

...

Constitution

.145

.
.

n Prelaticnl Offices

Mode

of

Ap-

Contents.

56;
PAGB

pointment to Bishoprics, especially

Canada, Ireland, England, and Holland,

States,

Art.

Of Appointments

V.

ments
Art.

to Non-Prelatical Offices

Institutio

CHAPTER

De

fices
("

Art.

I.

Of

Art.

II.

Is

to

who

are to

Dignities and Of
Pro movendis" etc.),

Ecclesiastical

Qualitatibus in

166

166

necessary to appoint to Bishoprics or Parishes a

Persona Dignior" in preference to a "Persona

it

168

CHAPTER

IX.

When and How a Person may lose Delegated Juris

De Cessations Officii Judicis Delegati"),
diction

("

CHAPTER
When and How

a Person

lose an Eccl. Office,

may

Jurisdictionis

Ordinariae

De

Art-

II.

Of Resignations
Of Transferring

How

Ecclesiastics, also

Translatio]
in

2.

U.

S.

the U.

S.,

are

from

174

180

removed

from Office (Privatio),

.
How Irremovable Incumbents are dismissed from
,

.174

Ecclesiastics, also in the

Officiorum
.

(Dimissio, Renuntiatio),

one Place to another

Art. III.

Cessations

("

Vacatione

et

Ecclesiasticorum"},

172

X.

and therefore Ordinary Jurisdiction

I.

160

VIII.

the Requisite Qualifications in general,

Digna"

Art.

149

.164

the Qualifications required in Persons

be appointed

States,

Corporalis"}.

("

Appoint

United

to Parishes, especially in the

VI. Installation

On

United

in the

.187

Office,

88

Causes and Manner of dismissing Irremovable Rectors,

also in the United States,
.
.

3.

Offences for which

4.

For what causes and

.191

Irremovable Rectors

may be

prived of their Parishes, also in the United States,

the U.

S.,

who

in

what manner

are not irremovable,

de
.

192

Rectors, also in

may be

dismissed,

196

Contents.

CHAPTER

XI.

MM
Restrictions

upon Eccl. Jurisdiction Exemptions of

Communities
from the Jurisdiction of Bi
Religious
and
shops
Pastors, especially in the United States,
.

CHAPTER
clesiastical Jurisdiction,

Art.

I.

Art.

II.

who

Rights of Ecclesiastical Superiors

tia et

Reverentia),

Canonical

regulated
.

ercise
]

Appeals

of

their

Of

Authority

appeals,

to the Civil

(Mq/oritas et

(De

.217

in the

Ex

Jurisdictionis
.

Power against

Ecclesiastical Superiors

.219

the Excesses of

Appellatione

Tanquam

ab Abusu),

226

PART
Of

215

.215

(Abusus

Ec

in general
{Obedien-

how

Precedence,

are vested with

Excesses committed by Bishops or Prelates

Eccl.

Art. IV.

Praecedcntia),
Art. III.

XII.

......

Rights and Duties of those

202

III.

Persons pertaining to the Hierarchy of Jurisdiction

that is, of Ecclesiastics as vested
^articular

in

with

"

Jurisdictio

Ecclesiastica"

CHAPTER
On
Art.

I.

Art.

II.

Of
Of

the Sovereign Pontiff,

the

Roman

Roman

Sect.

I.

232

.....232
....
.

232

Pontiff, especially

cording to the Vatican Council,

CHAPTER

I.

Pontiff in general,

the Primacy of the

in particular,

ac

233

II.

Prerogatives of the Sovereign Pontiff,

Rights of the Roman Pontiff in "Spiritual

Matters,"

241

241

Contents.

569
PAGB

Art.

I.

Rights of the
his

Roman

Pontiff flowing immediately ftoni

Papal Infallibility as denned by the

Council and Supreme Legislative Au

Primacy

Vatican

241

thority,

Art.

Roman

II. Rights of the

his

Pontiff flowing mediately from

Primacy,

245

i.

His

2.

Christendom,
His Rights respecting Bishops,
His Rights in regard to the Church as a whole,

the

to

relative

Rights

3.

Art. III. Rights of the

Pope

Various
.

Dioceses
.

of

-245

24 j
.

and Patriarch,

Sect.II. Rights of the Supreme

Pontiff in

-250

Mat

"Temporal

ters,"

Art.

I.

II.

251

Various Opinions on

Power,
Art.

this

Head

Direct and Indirect

.

251

Relation of Church and State,

Art. III.

The Deposing Power,

Art. IV.

Temporal

2 r^

....-258
.

Principality of the Pope,

CHAPTER
On

259

III.

the Assistants of the Supreme Pontiff

The

Curia

"

262

Romano,"

Sect.

I.

Assistants of the

Art

I.

Of

i.

Origin, Appointment,

Art.

Cardinals,

Pope

"

intra

...

....
....

Curiam,"

and Number of Cardinals,

3.
4.

Consistories,

II.

3.

4.

The

of Cardinals

Officii

Congr. Indids

States,

263
266

269

(Sacrae

Congrega-

270

Congregatio Consistorialis,

Congr. S.

263

263

tiones),

2.

270

The Congregations

The
The
The

i.

Rights and Duties of Cardinals,

The College of Cardinals as a Corporation,

2.

348

as Bishop, Metropolitan, Primate,

Congr. Concilii,

or Inquisitionis,

.271

....
.

The Imprimatur

in the

272

United
273

277

Contents.

57o

PACE
5.

The

.....

Congr. de Prop. Fide

States,
6.

Art. III.

The other Congregations,

Of the Roman Tribunals,

its

.-

Relations to the United

...
... .281

278

285

Sect. II. Ministers of the Pope extra Curiam,"

.
I.
Of Legates and Nuncios Powers of the Apostolic
Art.
Delegate in the United States,
"

....

II.

&.rt.

Of Apostolic

Vicars, Prefects, Commissaries,

thonotaries,

CHAPTER
On
Art.

I.

Art.

II.

Art. III.

Primates,

Metropolitans

The

On

Bishops

the U.

Sect.

I.

Art.

I.

Art.

II.

I.

II.

Art. III.

Art.

Are Bishops the Successors of the Apostles

whom do they hold ?

324

329

329

From

in particular,

331

(Episcopalis Visitatio),

Obligation of visiting the Holy See

rum Liminuni},
Duties in regard to the

Management

Of Seminaries

in the

Visitatio

Power of Bishops

U.

S.,

regard to the

to grant Dispensations,

Powers of Bishops

336

339
343

of Ecclesiastical
.

.....

in

336

Sacro-

343

Hold

ing of Diocesan Synods,

VI. Legislative, Judicial, Executive, and Teaching Power

Art. VIII.

323

.......
......

Duty of Residence,
Duty of visiting the Diocese

of Bishops,

322

V.

in general,

V. Rights and Duties of Bishops

Art. VII.

322

329

Rights and Duties of Bishops

General Powers of Bishops,

Seminaries
Art.

Their Rights and Duties, especially in

Art. IV.

IV.

S.,

Art.

-319

Pallium,

Sect. II. Rights and Duties of Bishops

Art.

and Metropolitans,

CHAPTER

297

and Pro-

........
..........
.....

Patriarchs, Primates,

Patriarchs,

296

349

.35 2
.

354

as to various Matters respecting

the Liturgy of the Church,

-357

Contents.

Art.

Art.

and Duties of Bishops

IX. Rights

of Heresy,
.
XI. Power of Bishops to reserve Cases,
XII. Power of Bishops over Ecclesiastics,

Art.

i.

Art.

....

in regard to

the

Sacrament of Confirmation,
X. Rights and Duties of Bishops respecting Causes

U.

(Third

S.,

.361

364

366

366

369

Power of Bishops over the Diocesan Clergy,

pecially in the

es

C. Bait.),

PI.

Art.

Power of Bishops over Extraneous Ecclesiastics,

XIII. Powers of Bishops, especially in the U. S., con

Art.

XIV. Rights

2.

.....
...... -375

374

cerning Indulgences,
and Duties of
Relics,

Art.

359

XV. Rights and

Bishops

in

regard

to

Duties of Bishops respecting Stipends

the Reduction of the Number of

of Masses;

Founded Masses; other Pious

Art.

and

XVI. Rights

Duties

of

Legacies,

Bishops concerning

Taxes of the Episcopal Chancery

Dispensations in the U. S.,
.

Art.

XVII. Right

Taxes
.

them a

sufficient

Maintenance

for
.

Division

Art.

XIX. Right

made

yuribus
Art.

XX.

Prerogatives of
fica),

Honor

I.

Art.

II.

(De
.

388

(Jura Honori-

392

VI.

the Various Classes of Bishops, and of Prelates

......
......

having Quasi-Episcopal Jurisdiction,

Art.

....

of Bishops

CHAPTER
On

387

Contri

to Bishops in the United States

Utilibus Episcopornni),

385

Ad

....

of Taxation as vested in the Bishop

butions

Offering up the Sacrifice of the Mass, and

ministering Church Property,

382

and

of Perquisites in the U. S.,

Art. XVIII. Rights and Duties of Bishops relative to Preaching,
.

377

the

of Bishops to appoint Assistant Priests

assign

Of Auxiliary Bishops,
Of Coadjutor Bishops,

394
394
395

57 2

Contents.
PAGE

Art. III.
Art. IV.

......

Of Regular Bishops,
Of Inferior Prelates,

CHAPTER
On
I.
i.

2.

3.

Art.

II.

Art. III.

400

VII.

the Assistants or Vicegerents of Bishops in the

Exercise of Episcopal Jurisdiction,

Art.

399

Of Vicars-General, especially in the U.

What is meant by a Vicar-General ?
Appointment of the Vicar-General,
Powers of the Vicar-General,
.

Of Archdeacons and
Of Rural Deans,

Archpriests,

S.,

401

401

....
....

401

405

409
415

416

CHAPTER

VIII.

Administration of Vacant Dioceses (Administratio Dioecests,

Art.

I.

Sede Vacante),

Administration

Commune
i.

Upon whom

of

.418

Vacant Dioceses where the Jus

obtains,

Powers vested
"Sede

Art.

II.

"

the Administration of a Vacant Diocese

4*8

devolves,
2.

41

in

the

Chapter

or

Vicar-Capitular,

422

Vacantc,"

Administration

of

Vacant

Dioceses in

the

United

425

States, (Third PI. C. Bait.)

CHAPTER

IX.

Rights and Duties of Parish Priests and Rectors in the

u.
Art.

I.

.429

s.,

........

Nature of the Office of Parish Priests as

understood,

at present

i.

Errors respecting the Origin of Parish Priests,

2.

Correct

View of

Priests
3.

the

429

429

Nature of the Office of Parish

Status of Rectors

in

the U.

S.,

Canonical Formation and Suppression of Parishes,

pecially those with the

"

J^us

Patronatus"

43

439

es

Contents.

4.

573

Manner of Appointing Irremovable

Rectors, also in the

United States
cursus.
Art.

II.
i.

2.

3.

Competitive Examinations or ConThe Third Plenary Council of Baltimore,

.

.......

Rights of Rectors, especially in the United States,

General Remarks,

the U.

4.

S.
(Third PI. C. of Baltimore),
of
Parish
Priests concerning Parochial Func
Rights
in
the
United States,
tions, also
.

CHAPTER
On

States,

and Confessors,

....

neither

Canonical Parish

i.

2.

Of

3.

Of

4.

Confessors of Nuns, especially in the United States,

c.

Of

Art.

II.

who

are Vicars-General

Parish Priests,

*J

Confessors

474
474

477

and Canonical
.

who

466*

477
are

Priests nor Vicars- General nor Regulars,

Confessors

462

465

and Chaplains,

Assistant Priests, Chaplains,

Assistant Priests

4511

X.

Of
Of Confessors,
Of Confessors who

I.

....

United

Art. III. Duties of Rectors, especially in the

Art.

450

Rights of Rectors relative to the Sacraments,

Rights of Rectors respecting Funerals Cemeteries in
.

442

450

are Regulars,

Confessors in relation to Reserved Cases

47&

479

48

Of Re-

servations and Censures as in force at present, ac

cording to the

"

C. Ap.

Sedis"

Papal Reservations,

PART
The New Diocesan

of

Pope Pius IX.

......

Special Powers of Bishops

in the

U.

S.

concerning

483

IV.

....

Consultors, according to the Third

Plenary Council of Baltimore,

49 2

Contents.

574

CHAPTER

I.

......
.......
........
.......

History and Organizations of Bishops Councils, also

in the United States,
Art.

I.

Origin and History of Bishops Councils,

United

States,

II.

Organization of Bishops Councils, also in the United

Art.

III.

Appointment and Removal of our present Diocesan

Consultors,

CHAPTER

496

We
498

.....

499

Advice of the Consultors in the calling and promul

gating of Diocesan Synods,

I.

Art.

II.

Art.

III.

Art.

IV. Their Advice in the Appointment of Seminary

Advice of the Consultors

in the division of Missions,

5 O1

Their Advice in the giving of Missions to a Religious

Community,
ties,

.504

.........
Depu

506

V. Their Advice in the Appointment of New Consultors

and of Synodal Examiners.
How our Synodal

Examiners are appointed,

.....
Church Property

Art.

VI. Their Advice in the Alienation of

Art.

VII. Their Advice in the Imposing of a

Rules for these Alienations,

Bishop,
Their Advice in the remaining Cases,
IX. Meetings of these Consultors,
.

Art. VIII.

Art.

494

........

Art.

Art.

493

II.

Rights and Duties of our Diocesan Consultors,

plena,

493

also in the

Art.

States,

PACK

CHAPTER

New Tax

513

for the

.518

519
519

III.

Rights and Duties of our Consultors while the See

Vacant v

507

is

521

Contents.

575

PAGIl

Art.

I.

Art.

II.

.
Appointment of the Administrator,
When the Administrator must take the Advice of the
.

Consultors,

.522

New

Art. III. Rights of the Consultors in the Election of the

Bishop,

521

-5

23

SUPPLEMENTARY NOTES.
Mode

of quoting from

the Corpus Juris Canonici

Sentences ex informata conscientia,

etc., etc.,

Appeals
.

524

APPENDIX.
I.

The

Constitutio

1869),

"Apostolicae

Sedis

together with the

"

of Pope Pius IX. (Oct. 12,

Papal Reservations published

after this Constitution,

536
II.

S. Poenit. (Jan. 16, 1834) as to when Persons

excused from Fasting, by reason of Age or Labor, may

Decree of the

eat

Meat

"

totics quoties"

544
III.

The

"

"Instructio

of the Holy See, recently sent to our Bishops,

concerning Public Schools in the United States,

545

IV.

The

Profession of Faith of Pius IV., as

Amended by Pope Pius

Dogmas

IX. so as to include a Profession of Faith in the

denned by the Council of the Vatican, particularly

gard to the Papal Primacy and Infallibility,
.

in re
.

548

Contents.

576

V.

of the Holy See

Synopsis of the recent Instruct

De

Titulo

Ordinationis, issued by the Propaganda, April 27, 1871, for

Missionary Countries,

55

VI.

A Synopsis of there
issued

by

cent Instructio

De

Visitatione

the Propaganda on June

i,

1877,

SS. Liminum,
.

551

553

VII.

Mode

of choosing Bishops in Ireland,

VIII.

Manner of choosing Bishops

in

England,

-557

IX.

How

......

should our Consultors and Irremovable Rectors proceed

in the election of Bishops,

559

X.

Mode

of Electing Bishops as prescribed by the General

the Church, and as still in Force,

Law

of

560

XL
Decree of the Sacred Congregation of Propaganda Fide appoint
ing Most

Rev. Archbishop Satolli

Apostolic in the

United

States,

Temporary Delegate
56 r

XII.
Brief of

Pope Leo XIII.

Delegation

in the

establishing a

United

States,

Permanent Apostolic
.

.561

INDEX.
(The figures indicate
4bstinence.

the

marginal numbers^

V. Fast.

Of vacant dioceses in the U. S., by whom appointed, their

can probably accept resignations of pastors, 382.
American canon law. Definition of, 106 opinion of Kenrick on, 107 may

Administrators.

379

faculties,

be legitimate, 109
to national

customs?

165-169 how does the Church act with regard

National ca:wn laiv.

of,

history

108, v.

Apostolic prefects, 524

commissaries, 525 prothunotaries, 526.

V. Papal letters.
;

Apostolic letters or constitutions.

when
sivo

"

ful to

Judicial

and

they can be made,

and in devolutivo
"

appeal?

ib.

455

to

when
446
to

on

S.,

ib.

"

whom
;

to appeal, 451-453

it is

always allowed

within what time to be made, 453

appeals

visitation, 555.

the civil power (app;llatio ab crbuszi).

Appointments

civil offices in the

to ecclesiastical offices.

the ecclesiastical authorities, not

when

not, 294, 364

how appointments

proper

difference between absolute

made,

p. 423.

are lawful in the U.

Meaning

of,

454

are unlaw

also to priests in the U. S., 456, v. Ecclesiastics.

Appointments to

writing,

443

what are appeals

in suspenwho may appeal, 450 from whom is it law

"

Appendix,

IX., 678-684;

not, 444-449

Pope, 452

against acts of the bishop

Appeals

extra-judicial,

how and

to appeal directly to the

ful,

Pope Pius

Const, of

Apostolicae Sedis

Appeals,

S., 354.

Meaning

of,

by lay persons,

various
differ

U.

modes of, 296

283; can be

285, 286

when

Election, Postulatlon, etc.)

(v.

from elections, nominations,

and conditional

made only by
to be made in

right of

etc.,

making, 320

318, 3x9,

when

to be

364.

Appointment of

bishops.

Belongs

to

the

Holy

See,

321

enquiries to be

made into the qualifications of candidates, especially in the U. S., 323-326

how bishops are appointed in the U. S., 345-348 in Canada, Ireland, Eng

land,

and Holland, 350; what voicehave Consultorsand Rectors

in

theU.

S. in

Holy See of candidates, as made in the U. S.,

Canada, Ireland, England, and Holland, has merely the force of a recommen
the, 349

the presentation to the

dation, 347, 353.

Appointments to parishes. Power of making, as vested in the Pope, 356360; in bishops, particularly in the U. S., 360, 362, 363 in cardinals, 361.
;

577

Index.

578

What is meant by, by whom given, how with

Approbation
confessions.
drawn, 672; not required by vicars general or canonical parish priests, 673;
received by regulars directly from the Pope, 674.
fo<

Archdeacons.
Former and present powers of, 631
by vicars general, ib.
Former and present powers of, 631.
Archpr ests.

The bishop may compel pastors

Assistant priests.

kinds

670

of,

by

whom

Banns.

is

meant

superseded

to take, 604

at

present

how many

of, ib.

appointed, powers

What

Auxiliary bishops.

by, 613.

Of matrimony, to be published, also in the U. S., 658 in both

one of the parties belongs to one, the other to another parish, ib.
;

if

parishes,

In the U.

Binatio.

Mass.

S., v.

Established

Bishoprics.

by the apostles, 246 afterwards by the Pope,

unition of, belongs to the Pope, 274 per

first

or at least with his consent, 247

sons elected or nominated

cannot administer the see before they have

received and shown the bulls of their appointment, 287-293 otherwise they
to,

637, note 33

now

reserved in a special manner to the Holy See

can administrators of dioceses in the U. S. continue to adminis

incur excommunication
;

ter the

vacant see, even after they have been

the see

recommended

to the

Holy See

for

293.

Power

Bishops.

to relax decrees of provincial

of,

and national councils,

in

formulas to be observed by, in granting dispensations

or faculties by virtue of Papal indult, 240 whether they hold immediately of
God or the Pope, 242,540; they are all equal, juredivino," 244; cannot exer
particular cases, 173

"

cise

any

Papal

act of episcopal jurisdiction before they

letters of their

appointment, 293

have received and exhibited the

of the U.

how

S.

not appointed in consis

elected at various times, 339-342

election of, at present re
served to Pope, except in some parts of Germany, 321, 343 resignation of,
tory, 322

twofold, 383

what

is

meant by a bishop, 534

ordinis et

magisterii" of, 535, 536

successors of the apostles, 539

"

the

potestas jurisdictionis,

are superior to priests, how, 537, 538 how

have immediate jurisdiction in their dio
;

cese, 541.

Rights and duties

of,

duty of residence, particularly

549

how long and

545

penalties of unlawful absence, 548

for

in the U. S., 544,

what causes they may be absent from

(v.

Residence)

cese, 550 sq. (v. Visitation); duty respecting seminaries.

legislative, judicial, coactive,

their diocese,

duty of visiting the dio

557

and teaching power o^ 568-570

gard to liturgy, 573 privileges of, 611.

Various classes of, 612 auxiliary bishops, 613

(v.

Seminaries)}

power

of, in re-

614

coadjutor bishops,

regular bishops, 617.

In the U. S. can delegate their Papal faculties Extr. D. and E. to thcii
icars jfeneral and two or three worthy priests of the diocese, 627
special fasq.

Index.
U.

culties of bishops in the

S.

to absolve

579
from cases reserved

to the

Holy

See, 684.

In what churches or chapels to be kept, 573.

Blessed Sacrament.
Burial.

Rights of pastors in regard

Canonical parishes in some parts

California.

By whom

Canada.

to, 661, v.

of,

654.

assistant priests are appointed in, 670

of bishops in, V. Appointments.

Canons.
Collections of, history
collections, 141-147

Cemetery.

130-132

of,

western or Latin, 147-165

character
;

of,

canons of

appointment

133-137
faith,

eastern

morals, and

discipline, 137-141.

What

Cardinal*.

how
of,

appointed, 489

492

rights of, 493

the college

meant

is

by, 487;

are they of divine institution? 488;

requisite qualifications of, 490

;

duties

of,

494

insignia

orders

495

of,

of,

how

Care.

number
ib.

"

reservati in petto," 497.

496
Of souls (cura animatuni), how many kinds of, 642.
Reserved at present to Pope, without censure, 681

Cases

491

addressed,

of,

"

especially according to the

Reserved

A p. Sedis" of Pius IX., ib.

how many kinds of, 582, 682 what

with censure,

C.

to bishops,

cases are re

served to bishops by the

C. Ap. Sedis," 683 does ignorance excuse from?
678 can regulars absolve from ? 679, v. Reserved cases, Reservations
"

Cathedraticum.

In the U.

Causae majores.

What

Causes.

U. S

Ecclesiastical,

S., 400, 610.

meant

is

by, 475.

when they may be brought

into civil courts in the

456, v. Ecclesiastics.

Cemetery.
Right of having, vested in parish churches, etc., 661 what as to
interments of Catholics in the U. S. in non-Catholic cemeteries, ib. whether
;

or

how

allowed, particularly in the U.

is

it

graves or family

etc.,

Of

in

sisters

the

603, v. Taxes.

S.,

U.

S.,

363

of soldiers,

ships, hospitals,

671.

Chapters.
to elect the

Church.

Can be

established only by Pope, 250 have at present the right

bishop only in some parts of Germany, 321.
;

The, definition and nature

but a sovereign state, 185

corporal punishments, 202

and

to charge anything for single

lots, 662.

CAancery. ^Episcopal, in the U.

Chaplains.

S.,

state,

is not a mere corporation,

of, 181-184
has coercive power, 201-204 can inflict certain
relation of church
form of government of, 463
;

479-483.

Church property. Obligation of bishops in regard to, 607 should be ex

empt from taxation, 669 penalties incurred by rulers confiscating, 668 ; by
persons alienating, ib
by trustees in the U. S. appropriating to their own
;

uses, 668

is

the Papal permission requisite in the U. S. to alienate? ib.

ventorv to be kept

of, v.

Inventory.

10

Index.

580

Tridentine decree

Clandcstinity.

U.

in the

S.

and Canada,

S.,

615

is

meant

what causes,

for

regarding, where published

"

659, note 113.

What

Coadjutor-bishop.

the U.

Tametsi

"

ib.

by, 614

kinds

salary

of, ib.

616

of,

how appointed in
how theii
ib.

rights of,

ib.

powers lapse,

To be taken

Collections.

in the U. S. for

Pope, 485,

v. Contributions,

Taxes*

Taxation.

Of cardinals, v. Cong legations of cardinals.

Whether binding on the Holy See, 105.

Committees.
Concordats.

When, how made; Third Plenary Council, 647.

In the U. S., powers of, 652, v. Nuns, Sisters.

Concursus.
Confessors.

In forma

"

Confirmatio.
by,

communi

and how distinguished, 170-173,

Sacrament

Confirmation.

577

sponsors

U.

applied in the U. S

S.

501-506

meant

of,

576

subject of

during vacancy of Papal chair, 494

Congr. Consistorialis, 499

is

578.

S.,

divided into temporary and standing, 76

of,

forma specifica," what

176.

(Congregationes Romanae), what is meant by, 75

force of decisions of, 77~$2
powers

Of cardinals

Congregation;.

in

"

ministers and essence

of,

especially in the

of,

and

"

Officii,

personnel and number of, 498 ; the

Indicis, rules of the Index, as

500

Concilii, 506

Prop. Fidei,

its

relations to the

force of its decisions, 512;

Episc. et Regul., 510 S. Rit., 511
of
of
mode
all,
et
514.
procedure
Reliq., 513
Indulg.
What is meant by, secret and solemn, how often held, 497.
Consistories.

U.

S.,

507-510

Of laws, what

Construction.

is

meant by, kinds

177, 178; rules for, 179.

of,

Third Plenary Council, p. 464 sq.

Consultors.
Diocesan, according
Q* collections for diocesan purposes, various kinds of, 609
Contributions
to

in the

U.

S., 610.

Corpus juris canonici.

Authority and application

of,

at the

present day,

160-163.

Not received

Council of Trent.
its

in its entirety in the U. S., 64, 97

whether

be abrogated by customs to the contrary, 97

disciplinary decrees may

of, not to be commented

crees

Council of the Vatican.

upon

de

by authors, 180.

Is part of the

"jus

Vatican

novissirnum," 164, v.

Council.

Oecumenical, conditions

Councils.
at,

frage
ib.

62

mode

of celebrating, 63

of,

59-60

authority

who have

the right of suf

especially in canon law

of,

national councils, v. Synods, Provincial councils.

Curia

Romana (Roman

the Rota,

ib.

The, what

Court)

Dataria and

S.

is

meant

by, 486

tribunals

515
ib.
secretaryship of state, of briefs,
Definition and conditions
Custom.

of.

between custom and prescription, 85

essential conditions of, 86-94

oJ

-M

abrogation

of,

95-100

of,

Poenitentiaria, 516; Papal chancery, 517;

82-84

division

of,

84

difference
;

effect*

Index.
Or

Decisions.

581

decrees of the Sacred Congregations,

v.

Congregations of

tardinals.

Devises (testamenta ad causas pias, legata pid).

For pious uses, what is
can bishops change, ib. bishops the executors of, ib. laws in
by, 598
the U. S. regarding, ib.

meant

What

Diocesan synods.

564

whom

by

against decrees

of, ib.

Of

Dismissal.

what

meant by

is

U.

in the

cause required

lus,"

Matters]

is

meant

from

by, 650

is

it

conferred,
the

by

S.,

appeals

take place in three ways, 401

may

common law

the

what

is

meant

of the Church, ib.

"

ab

death

of

207-217; extent

of,

how

of,

received, 219

putativus, fictus, coloratus, or simpliciter nulto absolve with a false title? 225.

definition

delegata,"
"

division

and passive, 218

sometimes allowed

when

ib.

quasi-domicile,

active

of,

Jurisdictio

lapses

office

Meaning and

"

how

V. Erclcsiastics.

subject
true or false, 221

222-226

566

for, 572.

Ecclesiastical causes.

title of, is

officials of,

S., 648.

Ecclesiastical jurisdiction.
(v.

often to be held in the U.

565

S.,

Practical rule in the U. S. in regard to, 125

What

Domicile.

how

privatio, depositio,

when bishops can dispense from

204-207

by, 563

the U.

in

statutes enacted in, 568.

ecclesiastics

Dispensations.
by, 57

meant

and degradatio, 402; of bishops, 404; of

canonical parish priests, 407; of rectors, removable and irre

canons, 406; of

movable,

is

be attended

to

homine,"

the

person

226

of,

235-240

how

by

whom

lost,

378

ib.

(v.

delegated,

conferrable, 231
;

when

personal

Faculties

of

ow

bisliops).

definition of, 380

"Jurisdictio ordinaria,"

tr.mslation, privation, or dismissal, etc., ib.

tions)

rights

Ecclesiastical

252

lost chiefly

how

of,

442

(v.

Definition

offices.

Eccl -siastics.

chief abuses

Exemp
of,

422

Appeals, etc.)
of,

245

who can establish, 246 erection

how acquired, lost, etc. (v. Ap
;

divided into major and minor, 355

pointments, Dismissal}

by resignation

restricted, 421 (v.

and duties of persons vested with, 433

remedies against abuses

of.

qualifications required for, v. Qualifications.

In contradistinction to laics, 186

may now

in

many

cases

plead and be implcaded in civil courts, 206 causes of, whether and by whom
they may be delegated to laymen. 234 not to be brought into civil courts
455; whether ecclesiastics, also in the U. S., should be ordained for a particu
;

merely for the diocese at large, 584

without the leave of the bishop, 585, 586.

lar church, or

Elections.

Definition

and scrutiny or
308

what

number
is to

of,

297

suffrage. 298-302

of votes necessary

be done

after, 312, v.

cannot leave the diocese

election by quasi-inspiration, compromise,

are to be invited to take part in, 303

who
at,

309

Regulars,

formalities to be observed in, 311

-.v./j,

Pope.

Index.

582

Dismissal of pastors

England.
in, v.

in,

648

mode

of appointment of bishops

Appointment.

Essence of, 542, v. Bishops.

office.
Episcopal visitation. V. Visitation.
Exeats.
How given to priests in the U. S., 384
Episiopal

Of

Exemptions.

what

religious communities, definition

is

meant

421

of,

by, 587.

are lawful

and

exemptions from authority of bishops, also in

the U. S., 426-^29 of parish priests, 429-432 what as to the U. S., 432.
Ex informata conscientia. What is meant by, 409 censures inflicted ex

just, 423,

424

origin

425

of,

"

no appeal proper against censures exinf., 445, p. 424.

S., 443
inf.,"
Extraordinary confessor. Should be given nuns two or three times a year,
must be reappointed each time, unless permanently appointed, 675.
in the

U.

Of bishops in the U. S. from the Holy See are delegationes

and consequently lapse at their death, 379 to grant dispensa

Facttlties.

"

personales,"

tions, 570;

"

"

from the precept of

fast, 571.

Faculties of priests in the U. S. to dispense from, 663.

Of the church, teaching of, as a source of canon law, 20.

Fast.

Fathers.

Fessltr.
Secretary to the Vatican Council, views
of church and state, 481.
First communion.
Of children in the U. S., 666.

Forum.

of,

regarding the relation

Internum and externum. n. 208.

For what funeral services pastors, also

Funeral dues.

in the

U.

S.,

can re

ceive, 662.

Funeral

Where held

services.

if

deceased

buried in a different place

is

from that where he died, 662.

German

Who

Heresy.

from, 580

In the U.

parishes.

Gerson.- -Errors

of,

S.,

how

formed, 641.

regarding parish priests, 640.

of, 579 ; when bishops can absolve
according to the C. Ap. Sedis" of

are the judges in matters

in the U.

"

S.,

581

penalty

of,

of, 187,

188

Pius IX., 580.

Hierarchy.

The, definition

divine and ecclesiastical, of magis-

terium, order, and jurisdiction, 189.

To be

Imprimatur.

place of publication, 502

Index. Rules of, 502

given by the ordinary, not of the author, but of the

whether obligatory in the U. S., 505.
whether obligatory everywhere, even in the U. S.,
;

503, 504-

Indulgences.

What, grantable by bishops, 590

in the U. S., 591

publica

tion of Papal, ib.

Innocent XI.
599, v. Chanceries.

Pope, decree

of,

concerning taxes of episcopal chanceries,

Index.
Or Holy

Inquisition.

583
only in Rome.

Office, tribunal of, exists at present

579-

Of

Installation.

the U.

Inventory.
Investitures.

Pastors

Ireland.

What,

Jus.

not customary

in

pastors, 668.

appointed, 647
obliged to say Mass for their
bishops are appointed in, v. Appointment.
;

the

Supreme Court

how divided, 2
What is meant

t ;

of the U.

the

"jus

by, 646

S., 217.

novissimum,"

how

acquired,

163-165.

ib.

does not exist

315.

Enacted by the apostles, as a source of canon law, 17-19

Laws.

by the

v. Pontifical laws.

For charitable purposes, v. Devises.

kinds of, formerly, 519;

Legacies.

How many

L. gates.

to

Jus palronatus
the U. S., ib. and

how

in,

how

Of

Jurisdiction.

521

365

of,

V. Eccl. jurisdiction.

Jurisdiction.

Pope,

and necessity

Of church goods, to be made by bishops, 607

In the Middle Ages, condemned, 286.

congregations, 666

in

pastors, definition

S., 366.

when

the laws of the U.

Papal legates,

at

present, 520; rights

522, 523.

Letters.

Dimissory, testimonial, and commendatory, 587,

Letters.

Of

the Sovereign Pontiff, v. Papil

Of

Marriages.

strangers,

ceed in regard to, 660.

Mass. The sacrifice of
bration

of,

of,

respecting ambassadors would be applicable

S.

how

the,

priests, especially in the

can bishops, even

in private houses,

574

v.

Exeats.

letters.

in the

celebration

U.

U.

S.,

S.

should pro

permit the cele

by strange

of,

588

priests,

expenses for altar-wine, etc., by whom to bo borne, 594 obligation of bishops

where to be heard, 655 when can a priest say two Masses or.
to offer up, 607
;

same day

the-

656

in the U.

S.,

What

Founded Masses.

Ireland, England,

is

meant

by, 595

etc., 657. v. Stipends, etc.

not to bo accepted even in

the U. S. without leave from bishop, or (as regards regula; priest s) regular
reduction of number of, ib. recommendations a? te mock of
uperior, ib.
;

accepting in the U. S., 596.

Matters.
Difference between temporal, spiritual, and mixed, 205.
Metropolitans.

530

What

is

meant

by, 529

over subjects of suffragans, 531-533

powers

of,

over suffragan bishops,

pallium, 533.

Remain subject to the Propaganda so long as

have no complete canonical organization, 507, 508,

Missionary countries.
dioceses, one

and

National canon
unlawful

all,

laiv.

What

is

meant

not sanctioned by Pope, 102

American canon law. Custom.

by. TO

if

>

maybe

how

it

their
524.

nu.y ch:a:n, 101

abolished by Pope, icu,

11

v.

Index.

584
To

Nomination.

Or

Nuns.

meaning

bishoprics,

V. Ecclesiastical

What

letters.

Papal

encyclicals, 45

of,

civil laws,

bishops in U.

by, 44

bulls

270-274

power

confessors of nuns

consists in, 434-437

of, in

promise

constitutions, decrees, decretal epis

and

briefs, 47, 48.

"251,

269

of,

is

make,

restricted

Origin

639

of,

of,
"

threefold,

in the U. S

270

258-261

in the U. S.,

who can make,

C. of Trent, 276-280

by

formalities required in the, 265

267; can bishops divide? 262, 268.
unio aeque principalis, plenaria, extinc-

262, 263

of,

can change limits

S.

Union

428

254; modes of erecting, 253;

256; can hold property safely only by conforming to
can bishops change parishes with removable pastors into par

in the U. S.

257

it

erected by bishops,

not benefices, 261.

Division of, conditions

to

S., ib.

offices.

meant

is

S., 363,

ishes with irremovable pastors, especially in the U. S.

tiva,"

U.

435.

S.,

rescripts, 46

Can be

Parishes.

nature

in the

v. Sisters.

What

Obedience (pbedientia canonica).

ordination, especially in the U.

tles,

316

not exempted in the U.

sisters,

proper need special approbation, 675,

Offices.

of,

V. Legates.

Nuncios.

274 conditions of, 275

disunion of, 280-283.

are there any canonical parishes in the U. S.

641,

of,

391

645. 654-

What

Parishioners.

sq.

even against their

Dismissal)

(v.

is

meant

Unknown

Parish priests.

will,

offences for

by, 650.

in the first three centuries, 243

;

"

"

is

removed, 411-417

ipso facto

transfer

origin

of,

639

errors in regard to, 640

what

are they essentially irremovable ? 643, 644 how appointed,

obligation of, to say Mass for the people, 666.
Rights of, respecting the sacrament of baptism, 650; penance, 651

meant

647

how

dismissed from their parishes, 408-411

which canonical parish priests either can be or are
394

by, 641

Blessed Eucharist, 653 marriage, 658

church property, 667.
funerals, 661
;

Extreme Unction, the Viaticum, 660;

Parochial charge. In what it consists, 642.

Parochial functions. What is meant by, 663.

Parochial

rights.

Parochismus.

430

What

Paschal communion.
Pastors in the U.

oussal

of,

411

is

not fully possessed in the U.

meant

Where

When

S.

removability

of,

S.,

649.

by, 640.

to

be made, 653

in the

U.

S.,

651, 653, 654.

transferrable even against their will, 395

417, 418

drs-

can they be removed without cause

419, 420; the bishop in the U. S.

parish

priests, 645;

priests?

\b.;

is

it

parochus in habitu" 641; not canonical

desirable that our rectors should become parish

Irremovability of

some

of our Rectors, 258-261, 646;

how

ap-

Index.

585

pointed, 647 dismissed, 648 rights of, 649, 650; not obliged, except in some
parts of California, to say Mass for the people, 657, 666; duty of, to preach,
cavechise the children establish Catholic day-schools, 666.
;

Definition

Patriarchs.

527

of,

Of baptisms,

rights of, ib.

can the bishop divide them between the

pastor and his assistants? 605 division of, in the U. S.,6o6.
Pius IX.
Const. Rornanus Pontifex by, forbidding bishops elected or
nominated to administer the diocese before they have received and shown the
Perquisites.

etc.,
;

"

"

bulls of their appointment, 637, note 33

Ap. Sedis

Const.

of,

regard to

in

ib.

same,

Whether binding on

Pontifical laws.
2 6-35

promulgation

of,

35

The, errors in regard

470; laws of, 26 (v. Papal

Pope.
23, 24,

directly from

Church

nals, 328

to, 21

supreme

mode

of election

powers

legislative, etc.,

of,

receives jurisdiction over the entire

elected at present exclusively by the cardi

letters);

God, 241
even during an oecumenical council, 338

457

sor, 329,

ments

Church without being accepted,

the

notification of, 43.

of,

330-338

cannot elect his succes

right of veto of certain

govern

primacy of, as
defined by the Vatican Council, 458-462 is the primacy separable from the
see of Rome? 462 does not always act as head of the Church, 464 has imme
can abdicate, 465 what if he
diate jurisdiction over the entire Church, ib.
in the election of, 337

insignia

of,

tiara,

etc.,

457

falls into heresy, 466.

Rights
467, 471

tial,

the

of,

of determining, 467

infallibility, as defined by the Vatican Council, 468

Pope speak

count of the

Mode

in spiritual matters.

"

ex

cathedra" ?

469

right of

state of their dioceses, 472

all

essen

when does

demanding from bishops an

ac

of punishing, granting dispensations,

and receiving appeals, ib. of appointing, transferring even against their will,
deposing, and reinstating bishops, 473 of calling oecumenical councils, ib.
ol dividing and uniting dioceses, 474.
Rights of, as to canonization of saints,
;

liturgy, religious orders, indulgences, ib.

extraordinary power
arch, 476

of, ib.

he cannot depose

"

as Bishop of
all

causa

majores,"

475

ordinary and

Rome, metropolitan, primate,

patri

the bishops and substitute vicars apostolic in

their stead, 540.

Rights of, in temporal matters. Various opinions, 477 what is meant

by his direct and indirect power in temporal matters, 478 the Pope has indi
;

rect

power

in temporal affairs, 478-483

deposing power

of,

483

temporal

states of, 484.

Ministers

of,

486

in the curia, 487 sq.

out of the curia, 518,

v.

Le

gates, etc.

Postulalion.

Definition

of,

313

for

bishops no longer in use,

ib.

sim

ple, 314.

Potes ta s jurisdictionis.
193

definition of, 199

Is limitable as to time, persons, places, or matters,

conferred ty legitimate mission or appointment, 200.

Index.

586
Pobstas ordinis.

separable and, at least accidentally, distinct from the

191-197 conferred by ordination, 195 precise ex

Is

"

potestas
tent

iurisdictionis,"

and object

of,

197, 198.

Obligation of bishops as regards, 609 of pastors, 666

omit during July and August, ib.
Precedence.
General rules of, 438-441 particular rules of, 441
Preaching.

in the

U.

"

rogativa loci
S.,

441

of Archbishop of Baltimore, 440, 528

"

among

priests in the

bishops, 611.

Inferior to bishops,

Prelates.

Definition

Presentation.

of,

what

is

meant

by, classes of, 618.

315.

Strange priests not to be allowed to say Mass without leave from

how admitted into a diocese in the U. S. if

Priests.

the bishop or vicar-general, 588

they

prae-

U.

custon

S. to

come from Europe,

589;

how approved

for confessions, 673

during a sea

voyage, 671.

What

Pnmates.

is

meant

"

by, 528

praerogativa loci

"

of Archbishop of

Baltimore, v. Precedence.
Definition

Privileges.

112;

how

sion

of,

effect,

of,

no when

to

be shown

to ordinaries

when

distinguished from dispensations and mere permissions, 115

how acquired, 122

confirmation of, 126 use

114-121

125

Pius IX., by bishops, 326

U. S., ib.

How

129

127

of,

force

how

To be made, according

Profession of faith.

Protestants.

lost.

123

of,

when

not,

divi

they take

construed, 128.

to the

amended form

of

Pope

canonical pastors, 664; but not by pastors in the

absolved from heresy, 580.

Required for ecclesiastical offices, especially those of bi

Qualifications,
shops, pastors, etc., 367 requisite age, 368 purity of morals, 369 learning,
370; lawful wedlock, the clerical state, major orders, 371 is it necessary, even
;

In the

U.

S.,

to appoint to bishoprics

and congregations the most worthy

preference to such as are simply worthy

Registers.

kept, in the

U.

S.,

U.

in

372-37?-

Of baptisms, marriages, interments, and confirmations

record of Masses, both ordinary and founded,
S., 669
;

to

be

in the

597-

Regulars.

bration of
ship, 625

when visitable
of, especially in the U. S., 421-433
cannot absolve from cases reserved by bishops, 582 cele

Exemptions

by the bishop, 553

Mass

in a strange diocese by, 588

approved by their own superiors

of their order, 674

by the bishop,

to

how eligible

to the vicar-general

to hear the confessions of

hear seculars,

ib.;

members

can the bishop

limit,

and places? 674; can regulars, when travel

not of their order, and even though not approved ? ib.

their faculties as to time, persons,

ling, confess to priests

exempt from episcopal reservations. 677.

Regular bishops. From what rules of

their order they are released

Index.

587

bi7, eligible only with leave of their superior,

breviary of their diocese, not order,

Of

Relics.

what

saints,

and transferred,

meant

is

dress

should recite

of,

by, 592

by

whom

to be authenticated

ib.

Religious communities.--^ .

What

Removability.

and elsewhere, 4/7

Parish

ib.

ib.

Nuns,

Sisters,

of pastors in the U.

Regulars.

removable

ecclesiastics are

S.

"

ad nutum

"

in the U. S.

Pastors , of parish priests, v

v.

priests.

What

Rescripts.

meant

is

persons, petitions or form,

by, 49; division of, 51; vitiated

52, 53

Conditions

Reservations.

lapse

677

of,

of,

55-59, v*

kinds

Papal

by defect in

letters.

Papal, episcopal, and regu

of,

lar, 680.

Reserved cases. What is meant by, 677; who can make, ib. does igno
rance prevent the incurring of? 678 what as to penitent who confesses in an
sometimes an ordinary confessor, nay, any priest, can
other diocese, 679
absolve from, 679, v. Cases.
;

Of

Residence.

causes, they

bound

they are
y.

pastors, particularly in the U.

may be absent,

ib.

665

S.,

how

penalties of unlawful absence,

to reside in the diocese,

though not

long, for what

ib.

of bishops,

in the episcopal city, 544

Bishops, Pastors.

Of ecclesiastical offices, such as those of bishops, pastors,

meaning of, 381 must be accepted by the proper superior, 382 to whom
be made, especially in the U. S., ib. tacit, express, absolute, conditional. 383
who can resign, 384 various kinds of conditional resignations, 385 when
Resignat ons.

etc.,

t>>

resignations take effect, 389

can rectors

in the U. S.

Errors, regarding the rights of the

Richer.

resign? 390.

Roman

Pontiff, bishops,

and

parish priests, 640.

Roman
Rufal
"

V. Pope.

Pontiff.

deans.

What

is

delegati ad universitatem

Schools.

parish in

meant

by, 632

duties

of,

in the

174

are

committees on management of, 559 can religious communi

charge of? 560 what as to seminaries in the U. S., 561-563.
;

be placed in
In the U.

Visitation, 676

"in

it is

Sis ers.

are

S.

all

have but simple vows, except in some houses of the

subject to bishops, none of them being exempt ib f

a special approbation required to hear

State.

Is approved only
forma commuallowed to appeal from its decrees, 175.
what is meant by, ib. Tridentine decrees
History of, 557

hence

respecting, 558

is

ib.

Parochial day-schools should be established, if possible, in every

U. S., 666; late "Instruction" of the Holy See regarding,

Seminaries.

ties

S.,

the

app. p. 432.
Second Plenary Council of Baltimore.
ni,"

U.

causarum," 230.

Relation of Church

to,

479-483.

ib., v.

Nuns.

Index.

588
Sta ns

Of

liber.

about

parties

coniract

to

marriage, what

is

meant

by, 660.

Of Masses,

Stipends.

U.

S., ib.

what

if

too

to be fixed

many

In the U.

Sunday-schools.

by the bishop or custom, 593

are received,

ib.,

to be held, or at least

S.

rule in the

594.

superintended, by the

Castor, 666.

National, definition of 65

Synods.

cannot be convened in the U. S by

the Archbishop of Baltimore in virtue of his

Provincial, what

is

meant

by, 66

"

praerogativa loci," ib.

to be held, 67 but few held

how often

except in the U. S., 69 persons to be called

decrees of, sometimes
to, in the U. S., 70; laymen sometimes admitted to, ib.
tolerated rather than approved by the Holy See, 72 appeals from, lawful, ib
within the last three centuries, 68

none of the Prov. C.

in the U. S.

in forma

"

approved

specifica,"

by the metropolitan, or, in his default, by the oldest suffragan,

Diocesan V. Diocesan synods.

ib.

73, 74.

Decree of Innocent XI. regarding the taxes of episcopal chanceries,

Tax.

chief regulation, 600

599
chancery fees, especially in the U.
taxes for dispensations in the U. S., 603, v. Chancery.
;

its

convened

Taxation.

Right

of,

S.,

as vested in the bishops of the U.

S.,

608

600-604

sq., v.

Con

tributions.

In the U.

Theological conferences.

Transfer.

proper superior, 391

will,

393

396-398

only

for sufficient reasons, 392

of bishops against their

of parish priests proper, 394; of rectors in the U.

S., 567.

Divine and human, as a source of canon law, 15, 16.

Of ecclesiastics from one place to another to be made by the

Tradition.

S.,

395

effects of,

relative to salary, etc., 398-401.

Trustees.

can make,
Vacant

Lay, in the U.

S.,

by

whom

appointed, 668

what outlays they

ib.

diocese.

whole chapter

What

is

meant

by, 634

for the first eight days,

administration

and afterwards

of,

belongs

to the

to the vicar-capitular,

635, v. Vicars-capitular.

Administrators

of,

in the

U.

S.,

by

whom

appointed, 638

powers

of,

especially in the province of Baltimore, ib., v. Administrators.

Vatican Council.

462

The, definitions of, regarding Papal primacy, 459, 460,

immediate jurisdiction, 464 infallibility, 468.
Drafts of decrees {schemata) and proposals (postulata) submitted to,
;

regarding vicars-general, 625, not. 26, 28, 30 626, not. 40; the administration
of a diocese, when the sedts is imfeditii, 634, not. 3
635, not. 18, 27, 30, 31
;

Arsons elected or nominated to bishoprics, forbidding them to assume the ad

ministration of the diocese before they have received and shown the bulls of
iheii

npointment, 637

not.

33

the administration of vacant dioceses

in

Index.

589

countries far away from the Holy 866,638, not. 36; restricting the "jus pa
tronatus," 646, not. 42
modifying the Tridentine decree relative to parochial
concursus, 647, not. 58 in regard to dismissal of pastors, 648, not. 65 modi
;

on clandestinity, 658, not. 107 to mitigate

and render more uniform the laws of the Churchas to fast and abstinence, 663,
as to public schools, 666, not. 160 the removal or transfer of pas
not. 138

fying Tridentine decree

Tametsi

"

"

reduce the number of cases reserved to the Holy See, 681,

as to power of bishops respecting Papal reservations, 684, not. 60

tors, 670, not. 6

not. 48
enclosure for
;

to

all

nuns or

sisters,

without exception, 676, not.

33.

Vicars-apostolic, 524.

But one

Vicars-capitular.

elected, ib.

is

tion of the bishop, 636-638

when

his jurisdiction lapses,

Vicars-forane.
Vicar-general.

when

be elected, 635

to

is

ib.

irremovable,

how

vested, generally speaking, with the entire ordinary jurisdic"

may probably

give exeats," 637

Administrators in the U. S.

ib., v.

V. A ural deans.
What is meant

by, 620;

removable

is

"ad

ib.

salary of,

417,

nutu*n,"

he necessarily vested with the ad

ministration of the diocesan Church property ? 621 what as to the U. S., ib. has
628

jurisdiction

lapses, 420; is

of,

"

ordinaria,"

jurisdictio

from, to bishop, 624

and

from the

that

exceptions,

ib.

common

no appeal
625 customs

law, 622, 623

qualifications required in,

or should appoint, 626 how appoint

is he a dignitary or prelate?
in
U.
the
ed, ib.
of,
S., 627
powers
especially
628; how he loses jurisdiction, 629; salary of, especially in the U. S., 630;
in the U. S. in regard to, ib.

who can

when

is

the bishop responsible for the acts of?

Vicar-parochial.
Visit
is

meant

ad

ib.

by

whom

ib.

Duty of bishops, also in the U. S., to make the, 472 what

and how often to be made, 556; auxiliary bishops not bound te

limina.

by,

punishable,

V. Assistant priests.
;

make, 613.
Visitation.

make, 551
what
554
;

Of

diocese, what

also in the U.

is to

be done

S.,

552

meant by, 550 obligation of bishops to

what persons and places are visitable, 553,

is
;

after the, 555.

PRINTED BY BENZIGER BROTHERS,

NRW

YORK.

Smith

S.

108

Elements

^55

1895
v.l