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 VICAR-FORANE

402

VICAR-GENERAL

death of a bishop, the canons of a cathedral chapter (where such exists) inherit the episcopal jurisdiction as a body corporate. Within eight days of the vacancy of the see, however, they must meet and constitute a vicar capitular (Cone. Trid., Sess. XXIV, c. xvi, de ref.). If they neglect this duty, the right passes to the metropoiitan, or, in case the metropolitan see is in question, to the senior suffragan bisliop, or, when the diocese is exempt, to the nearest bishop. In constituting a vicar capitular, a strict form of election need not be followed; but if suffrages are cast, they should be secret, and no one may vote for himself. The vicar chosen should be a doctor or licentiate in canon law if possible, and though a canon is commonly to be chosen yet this is not required for validity.

On his election the vicar succeeds to all the ordi- nary episcopal jurisdiction that the chapter had inherited, nor can the chapter reserve any part of the jitfisdiction to itself, nor constitute only a tem- porary vicar, nor remove him. Faculties which are committed to bishops by the Holy See for a term of years, pass also to the vicar capitular (S. Off., 22 Apr., 189S), in which are included the powers usually granted for deahng with a certain number of cases (S. Off., 3 May, 1899). Canonists usually hold that perpetual delegations to ordinaries, sanctioned by the Council of Trent, pass likewise to the vicar capitu- lar. Faculties, however, which had been granted to the bishop personally are not extended to the vicar. There are, nevertheless, some Umitations on the power of a vicar capitular, even as regards ordinary episcopal jurisdiction. Thus, he may not convoke a synod or visit the diocese unless a year has elapsed since these offices were performed. He may not grant indulgences. He should not under- take any new work or engagements that might prejudice the action of the in-coming bishop. Hence, during the first year of vacancy, he can promote to sacred orders only those who are obliged to receive that dignity through possession of a benefice. The vicar cannot grant the benefices of free collation, nor may he suppress them and unite them to the cathedral chapter. He may not alienate the goods of the cathedral chiu'ch or of the episcopal mensa. He can, however, grant permission for the alienation of the goods of inferior churches. He can neither begin nor pursue a judicial process concerning the goods or rights of the cathedral church. The vicar cannot give permission for the erection of a new monastery or a new confraternity (S. C. Ind., 23 Nov., 1878). Canonists usually declare that a vicar capitular can receive extern clerics into his diocese, but deny that he can excardinate the home clergy. If the vicar is in episcopal orders, he can perform aU that belongs to the ministry of consecra- tion; otherwise he may invite a bishop from another diocese to e.xercise such functions. If the vicar die or resign, the chapter must elect another within eight days, but the newly-elect must not be one who has already received the nomination to the vacant see. In case the removal of the vicar capitular becomes necessary, this may be done only by the Holy See. The office of a vicar capitular ceases when the bishop who has been promoted to the diocese presents his letters of appointment to liis cathedral chapter. The new bishop has the right of demanding an account from the chapter and vicar capitular of all their acts of .administration, and of punishing any dere- liction of duty.

LAUKF.NTins, Insiiiutionea juris ecclesiastici (Fribourg, 1903); Taunton, The Imw of Ihr. Church (London, 1900), s. v.; Wf.rnz, JwKkcrelalium, U (Koine, 1S99); Ferrakis, Bibliotheca canonica, Vn (Uonii-. 1.S91), s. V.

William H. W. Fanning. Vicar-Forane. See Dean.

Vicar- General, the highest official of a diocese after the ordinary. He is a cleric legitimately de- puted to exercise generally the episcopal jurisdiction in the name of the bishop, so that his acts are reputed the acts of the bishop himself. The wide powers of administration now enjoyed by the vicar-general be- longed formerly to the archdeacon. The latter official was the first among the seven deacons, a number long retained in many churches, and he held office, not by reason of priority of ordination, but by free appoint- ment of the bishop. To him was generally committed the external administration of the diocese, including the control of the inferior clergy and the right of visit- ing and correcting all the clerics by judicial procedure. In the sixth century, there were both urban and rural archdeacons, and the dioceses were divided into dis- tricts ruled by these officials. This custom began in France and later spread all over Europe. By the eleventh century, the jurisdiction of archdeacons had become ordinary and stable. They had courts of first instance, and, besides their contentious jurisdic- tion, they had wide administrative powers, so much so indeed that they became obnoxious to the legiti- mate exercise of the bishop's authority. In conse- quence, from the twelfth century onwards, we find new diocesan assistants of the bishop, later called vicars-general, or officials, removable at the will of the ordinary. Vicars-general are not named in the De- cretals of Gregory IX, but they are frequently re- ferred to in the Sixth Book of Decretals (e. g., cap. ii, iii, "De off. vie", I. 13 in 6) and in the Clementines (cap. ii, "De rescr. ", 1. 2. in Clem.). In large dio- ceses in England and some other countries, a distinc- tion was made between the vicar-general, who had voluntary jurisdiction or administration, and the official, who had contentious jurisdiction, but this dis- tinction was never received into the common law, and the titles vicar-general and official are used indiscrim- inately for the same person in the Decretals and the Tridentine decrees. The institution of vicars-general greatly hmited the powers of the archdeacons, and finally the latter officials were reduced by the Council of Trent (Sess. XXIV, c. xii, "De ref.") to mere hon- orary dignitaries in cathedral chapters.

According to the present discipline, the vicar-gen- eral is deputed by the bishop to exercise the latter's jurisdiction with a certain universahty of power. Bishops could not of themselves be competent to es- tablish officials with the same ordinary faculties which they themselves have, and consequently the office of vicar-general rests on powers communicated by the pope and common law. The bishop, therefore, cannot concede to the vicar-general any jurisdiction except within the bounds allowed by the law or legiti- mate custom, or express .4postolic indults. The juris- diction of the vicar-general is necessarily universal in the whole diocese, both for persons and causes, with a universality, however, not absolute, but moral, and therefore, though the bishop can restrict it both as to places and causes, he cannot so limit it that it ceases to be general, at least morally. It is in thediscretion of the bishop to constitute a vicar-gencral for his dio- cese, but he cannot suppress an office instituted by common law. The office of vicar-general is unique, and therefore there should not be several of them in one diocese, either acting in concert or governing a speciiil part of the diocese (S. C. C, 29 Apr., 1893). The contrary practice in some dioceses is an exception to the common law and must rest on legitimate cus- tom approved expressly or tacitly by the Holy See (S. C. C., 21 Feb., 114). However, separate vicars- general may be ajipointed for the faithful of a differ- ent rite or language (C. 14, X, 1, 31). The cleric ap- pointed as vicar-general should be of legitimate birth, tonsured, and celibate. He should have attained his twenty-fifth year and be commendable for the probity of his life, hifl prudence, and his knowledge of canon