Page:Catholic Encyclopedia, volume 17.djvu/276

 DIOCESE 260 DISPENSATIOK

the diocesan archives, arranging them in chrono- Catholic party will be removed, and both parties

logical order and compiling an mdex of their con- promise that all the children will be baptized and

tents. He is by the very fact a notary, and if brought up only in the Catholic faith; (3) there

necessary should have an assistant or vice-chan- is a moral certainty that the promises will be fid-

cellor. He can be removed or suspended by the filled. Regularly the promises should be in writing,

bishop, his successors or superior, but not by the The impediment now arises only between an un-

vicar capitular without the consent of the chapter, baptized person and a person baptized in the Cath-

Codex iwia canonici, 372-84. olic Church or converted to the Catholic Church

Diocese (cf. C. E., V-1).-In canon law the word (uTkotflS^^L^^^^^ Formerly it arose also if

diocese includes abbeys and prelatures nvllius, and r® baptized person had received baptism m a

the word bishop includes abbots and prelates nulUtui ^^w^V^a no*^^^f^''^l Church and had never

unless the context shows otherwise. Without a par- ^^l^'^rft.^^^^^^^ ^ ** *^^ *'°'® of marnage

titular apostolic indult special parishes for the u^r^l^^L^^^^^ '^^A^Jj't^r

faithful of different races or speech living in the been baptized or if his baptism was doubtful, the

same city or territory may not be created in future • "^?™g® ^ to be considered valid until it is proved

no change is to be made.'^however, in those already u^^;,?!,^"^^^ ?f ^^^ H^ ^

existing without consulting the Holy See. The !L^Pi'i",!^„''?lJ^^ r^^uJ^'^ u'u "" ^^ ^".^

bishop is to group the parishes of his diocese into Z^Z^ f^m f^fa fi!^ j/^"".^^^ * "*""

larger units fciOTO as ^cariates forane, deaneries. ^^^^""iJlTJ^ ^l^uLI'^L ^ ""'^^^^J^^'

arelipresbyterates, etc. If this seems impossible o^ !?Sr7n »^ ^^^./Ti^K^^

inopportime, he is to consult the Holy See, un- °"i^ter to be mamed, or is about to do so later,

less h has already provided for the difficidty. If the ^® ^^^ ^°* ^^ ^\}^^ marriage, jmless for very

kiahnn'fl nilp i« pntirplv imnpHwl hv «Antivitv pviIp ^,^^? reasons, and then only after the removal of

Disnops rule 18 entureiy impedea Dy capuvity, exile, ^j^ danger of scandal and after consulting the oidi-

or legal disability, ordinarily the vicar general or an ^^^rjc „ ^;™t,««*;J;Jr /^- ^«\Il^^^ i u

ecclSiastic delegated by the bishop takes his place; ^^^1 K^. ^^1^**^°^ u**"® ™*"^^e ^ *>f^»

Tthe delegate^is simiLly impecfed the catLdrai fXi^tpLlJ^J^i^^^^^^

chapter is to nominate its vicar to act with the ^h^^XTrf S^v .iT^ ^nmf ^n^

powders of a vicar .capitular; if the bishop should ^ ^^bSZoH uZ"""^" '"T°°^ ^"' "^'"'^ become excommumcated, interdicted, or suspended codex iuri% canonid, 1070-71; Atmnhac, Marriage UgiOa^

the metropolitan, or if he is unable or is the bishop turn, s. v. ; for a diflciusion of tho question of guaranteea cf.

in question, the oldest of the suffragan bishops is to Himincion m Bed, ««'»«£r,JKJV imi). M7.e2. and 0'Do»-

notify the Holy See. ""^ »** '"*'* ^^- ^' ^^^^ <^»2l). 411-18.

eodex iuri. cananici. 215-17; 429. Dispensation (cf. C. E., V-41).-Though the pope

Disciples of Christ (cf. C. E., IV-29c).— I. Since can dispense from all ecclesiastical laws^ he rarely

the death of the founder, Alexander Campbell does so personally, as he usually acts through the

(1866), in the expansion of this Church, disagree- Roman Congregations. Applications are to be made

ment arose on the two points of ecclesiastical or- therefore to the Congregation of the Council for

ganization and the use of instrumental music in dispensations from the disciplinary laws governing

the churches, the two parties being termed the the clergy and laity; to the Congregation of the

"Progressives'* and the "Conservatives." In the Sacraments in matters regarding the disciplinary

United States report for 1890 all were included laws of the sacraments; to the Holy Office in <|ue9-

under one head, but in 1906 and 1916 the objec- tions of the Pauline privilege, mixed marriages*

tions of the "Conservatives" led to their classifi- disparity of worship, or the Eucharistic fast of

cation as a separate denomination known as priests celebrating Mass; and to the Sacred Peni-

Churches of Christ. The "Progressives" (Disciples tentiary for all dispensations regarding the internal

of Christ) reported in 1916, 1,226,028 members, forum, both sacramental and extra-sacramental. 6,815 chureh edifices and 5,938 ministers. It is No one except the pope personally or through

especially flourishing in the middle-western states, the Congregations can dispense from the general

Although the Disciples of Christ are known also as laws of the Church, even in a single case, unless

"Christians" they are not to be confused with the he is explicitly or implicitly authorized to do so;

"Christian Church" (American Church Convention), thus ordinaries are empowered to dispense when

II. Churches op Christ^— As noted above this it is difficult to have recourse to the Holy See and

sect is listed separately now in the United States at the same time delay v^ould likely result in serious

reports. In 1916 it reported 317,937 members, evil, but this is permitted only in cases in which

4,342 church edifices and 2,507 elders (ministers), the Holy See is wont to grant a dispensation. The

H. K. Carroll's statistics for 1921 listed for the power of the bishops, parish priests, and vicars- two bodies 8,506 ministers, 14,416 chureh edifices general are now of ordinary jurisdiction. The in- and 1,493,515 members in the United States ("Chris- elusion of the vicars-general among the ordinaries tian Herald," 7 March, 1921). involves an important change, as their power of

Reiigioua Bodie$, 1906 (WaabinKton, D. c, 1909); Reiigiotu dispensing now aris^ from a general mandate,

c&J%J^YoJk^m)^' ^" ****^' ^"^ ^'^^ ""' *^ whereas heretofore it was conferred only by special

' ' N. A. Weber. mandate. The power of dispensation granted in

the Code belonging generally as it does to ordinary Discnssions, Rblkhotjs (cf. C. E., y-34).— Catho- jurisdiction can be delegated in accordance with the lies are warned not to engage m religious or moral general rules governing delegation, discussions or cpnferences, eroecially public, with ix>cal ordinaries may dupense from diocesan non-Catholics, without leave of the Holy See, or, in laws, and also from the laws of national and pro- urgent cases, of the local ordinary. vincial synods, in particular cases and for just cause. Codex juns cononict, 1,325. y^^^ jj^^ £^0^ pontifical laws especially passed for Disparity of Worslilp (cf. C. E., V-37).— The their dioceses, except when it is difficult to com- Chureh grants no dispensation from the impediment municate with the Holy See and at the same time of disparity of worship unless (1) there are justi there is danger of serious evil in delay. Where and grave causes; (2) the non-Catholic party gives a doubt of fact arises they may dispense from guarantees that the danger of perversion for the laws imposing nullity or incapacity, provided the