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 BISHOP

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BISHOP

archbishop or the senior bishop of the p^o^^nce, and choose three candidates, the first digni.ssimus, the second dlgnior, and the third dignus. Their names are sent to the Propaganda and to the archbishop of the province; the archbishop and the bishops of the province examine the merits of the candidates proposed by the clergv- and in their turn, by a secret ballot propose three candidates. If they choose other candidates than those designated by the clergj-, they indicate their reasons to the Propaganda. In the case of the nomination of a coadjutor with right of succession, the meeting of the clergj- is presided over by the bishop who demands a coadjutor. If it con- cerns a newly created diocese, the consultors of all the dioceses from whose territorj- the new diocese was formed and all the irremovable rectors of the new diocese choose the three candidates of the clergj'. Finallj', if it is a matter of replacing an archbishop or of giving him a coadjutor with right of succession, all the metropohtans of the United States are con- sulted bj' the Propaganda (Decree of Propaganda, 21 Januarj', 1861, modified by that of 21 September, 188.5; Collectanea, no. 43). In Canada bj- a decree of 2 December. 1862, the Church still follows the rules laid down bj- the Propaganda on 21 January, 1861, for the United States (Collectanea, no. 43; Collectio Lacensis, Freiburg. 1875, III, 684, 688). E%'ery three j'ears the bishops must communicate to the Propaganda and to the metropolitan the names of the priests thej' think worthj' of episcopal functions. In addition, each bishop must designate in a secret letter three ecclesiastics whom he believes worthy to succeed him. When a vacancj' occurs, all the bishops of the province indicate to the archbishop or to the senior bishop the priests whom, thej' consider recommendable. The bishops then discuss in a meeting the merits of each of the priests recom- mended, and proceed to the nomination of the candi- dates bj' secret vote. The acts of the assembly are transmitted to the Propaganda. In Australia, a method similar to that in use in the United States is followed. Two differences, however, are to be noted: first, the bishops still signifj-, every three years, to the metropolitan and to the Propaganda the names of the priests whom they consider worthy of the episcopal office. Second, when the nomination of a coadjutor bishop is in question, the presidency over the assemblj' of consultors and irremovable rectors belongs not to the bishop who demands a coadjutor, but to the metropolitan or to the bishop delegated by him (Instruction of Propagcnda, 19 May, 1866". modified by the decree of 1 May, 1887; Collectanea, no. 44).

Whatever the manner of his nomination, the bishop po.sse.sses no power until his nomination has been confirmed by the Holj' See, whether in consistory or by pontifical letters. Moreover, he is forbidden to enter on the administration of his diocese before taking pos.session of his see by communicating to the cathedral cliapter the letters Apostolic of his nomination (Const. "ApostolicEe Sedis", 12 October, 1869, V, i; "Collectanea", no. 1002). From this mo- ment, even before his consecration, the new bishop is entitle<l in his diocese to all rights of jurisdiction. He is required to make the prescribed profession of faith in the first provincial sjmod held after his elevation (Council of Trent, Sess. XXV, De ref., ch. ii). Finally, he is obliged ^\-ithin the space of three months to receive episcopal consecration. The right of conse- crating a bishop belongs to the sovereign pontiff, who generallj' permits the newlj' elected to be consecrated by three oishops of his own choice. However, if the consecration takes place in Rome, he must select a cardinal or one of the major patriarchs residing at Home. If, however, his own metropolitan is at that time in Rome, he would be obliged to choose him. The consecration ongbt to take place on a

Sunday or on the feast of an Apostle, by preference in the cathedral church of the diocese or at least within the ecclesiastical pro\-ince (Council of Trent, Sess.. XXIII. De ref., ch. ii). Before consecration, the bishop must take an oath of fidehty to the Holy See. _ (For the formula of this oath for the bishops of the United States of America see "Acta et Decreta cone. Plen. Bait., IIP', Baltimore, 1886, Appendix, 202.) Consecration by a single bishop would not be invahd but would be illicit. However, the bishops of South America have the privilege of being conse- crated bj' one bishop assisted by two or three priests, if it prove difficult for them to obtain three bishops (Letters Apostohc of Leo XIII, "Trans Oceanum", 18 April, 1897; " Acta Sancta" Sedis ", 1896-97, XXIX, 659). Episcopal consecration has the efi'ect of giving to the bishop the full powers of Order. (See Holt Orders.)

III. Rights .us'd Powers of the Bishop. — The bishop possesses, as already stated, the powers of order and jurisdiction. The power of order comes to him through episcopal consecration, but the e.xercise of this right depends on his power of juris- diction. The sacerdotal ordination performed by every duly consecrated bishop is undoubtedly valid, j'et the bishop can ordain only in conformity with the enactments of canon law. Only the bishop can con- fer major orders. The question has been discussed, as to whether the pope could delegate to a priest, for example the abbot of a monastery, the power to ordain a deacon. The bishop is the onlj' ordinary minister of the Sacrament of Confirmation (Council of Trent, Sess. XXIII, can. vii). Ecclesiastical law lias reserved certain benedictions and consecrations to him, viz., those which are performed with holj' oil. The following functions are reserved to the bishop: the dedication of a church, the consecration of an altar, of chalices and patens, and generallj' of the articles serving for the celebration of Holj' Mass, the reconciliation ol a desecrated church, the bene- diction of bells, the be'iedi'-tion of an abbot, the bene- diction of the holy oils, etc. A bishop is forbidden to e.xercise the Pontificalia,!, e. to perform episcopal functions in another diocese without the consent of the ordinarj-. i. e. the proper bishop (Council of Trent, Sess. VI, De ref., ch. v).

Besides the power of order, bishops possess that of jurisdiction; thej' have the right to prescribe for the faithful the rules which the latter must follow in order to obtain eternal salvation. The power of jurisdiction is of Divine origin, in the sense that the pope is held to establish in the Church bishops whose mission it is to direct the faithful in the way of salvation. The bishops have then in their dioceses an ordinarj- juris- diction, limited, however, by the rights that the pope can reserve to himself in virtue of his primacy. But this jurisdiction is independent of the will and consent of the faithful, and even of the clergy. In certain important matters, however, the bishop must at times seek the advice, at other times the consent, of the cathedral chapter. In certain countries, where chapters are not established, the bishop is bound to consult in some specified cases the co7istiltores cleri diaecesani, or diocesan consultors (Third Council of Baltimore, nos. 17-22, 33, 179). On the other hand, certain classes of persons, especially the regulars properly so called, are exempt from episcopal au- thority, and certain matters are removed from the bishop's jurisdiction. Moreover, he has no power against the will of a superior authority, i. e. the pope, the councils, whether general, plenary, or provincial. The bishop pos.sesses also other important powers through "delegated " jurisdiction which is accorded to him cither by law, whether WTitten or established by custom, or by grant of the sovereign pontiff through the Roman C"ongregations. The last named jurisdiction he exercises in the name of the Apostolic