Page:Catholic Encyclopedia, volume 3.djvu/394

 CARDINAL

342

CARDINAL

(though very much older) first appears in a document of 21 May, 1427 (Armar., 29, torn. 3, fol. 194 v, Vati- can Archives), greatly resembles, in its first part, the usual episcopal oath (Corp. Jur. Can., ed. Friedbe, II, 360; Tangl, Die papst lichen Kanzleiordnungen von 1200-1500, p. 51) ; while the latter part applies to the office in question. The oath is conceived in very general terms and lays but slight stress on the special duties of tin- vicar. The official named on IS Oct., 1412, as representative of the vicar was also sworn in, and before entering on his office was admonished to take, in presence of a specified cardinal, the usual oath of fidelity to the pope and of a faithful exercise of the office.

Aithority. — According to the oldest known de- cree of nomination, 13 Feb., 1264, both Romans and foreigners were subject to the jurisdiction of the vicar. In this document, however, neither the spe- cial rights of the vicar nor the local extent of his authority are made known, but it is understood that the territory in question is the city of Rome. On 27 June, 1288, the vicar received the rights of "visita- tion, correction and reformation in spiritual matters of dedicating churches and reconciling ceme- teries, consecrating altars, blessing, confirming, and ordaining suitable persons from the city" [Reg- Vat., torn. 44, fol. XCTIv, cap. XXVIIII (389); Langlois, Les rSgistres de Nicolas V, 595]. On 21 July, 1296 [Reg. Vat., torn. 48, fol. CLXXVIIr, cap. 85 (750); Theiner, Monumenta Slavonian Meridionalis, I, 112; Potthast, Regesta, 24367; Faucon-Thomas. Les re- gistres de Boniface VIII, 1640)] Boniface VIII added the authority to hear confessions and impose salutary penances. On 6 July, 1303 [Reg. Vat., torn. 50, fol. CCCLXXXVIr, cap. XLVII (250)] the following vari- ant is met with: "to reform the churches, clergy, and people of Rome itself", and the additional right to do other things pertaining to the office of vicar. His jurisdiction over all monasteries is first vouched for 16 June, 1307 (Reg. dementis papae V, ed. Bened. cap. 1645). The inclusion among these of monas- teries, exempt and non-exempt and their inmates, without the walls of Rome, was the first step in the local extension of the vicar's jurisdiction. He was also empowered to confer vacant benefices in the city. For a considerable length of time the above-men- tioned rights exhibit the fulness of the vicar's author- ity. Special commissions, however, multiply in this period, bearing with them in each case a special exten- sion or new application of authority. Under Clement VI (1342-52) the territory of the vicar-general's juris- diction was notably increased by the inclusion of the suburbs and the rural district about Rome (Reg. Vat., torn. 142, fol. 152r, cap. VII, XXXI). Until the time of Benedict XIV (1740-58) this was the extent of the vicar's jurisdiction. By the "district of the city of Rome" was understood a distance of forty Italian miles from the city walls. Since, however, the territory of the suburbicarian sees lay partially within these limits, the vicar came to exercise a juris- diction concurrent with that of the local bishop and cumulatively. This was a source of frequent con- flicts, until 21 Dec, 1744, when the local jurisdiction of the suburbicarian bishops was abolished by Bene- dict XIV, in so far as their territory fell within the above-mentioned limits (Bangen, Die romische Curie, Munster, 1854, 287).

In tin- course of time the vicar acquired not only the position and authority of a vicar-general, but also that ni :i real ordinary (q. v.), including all (he author- ity iif the latter office. This is quite evident from his acquired right of subdelegation whereby he was al- lowed in name a vicesgerens, ins representative nut alone in pontifical ceremonies (as many maintain), but also in jurisdiction. For the rest, being already delegatus ■• principt In' ran canonically subdelegate (Bangen, op. <it. . 288, note 2). By a Constitution of

Clement VIII, 8 June, 1592, the vicar's right to hold a visitation ordinary and extraordinary of churches, monasteries, clergy, and the people (dating from 16 June, 1307) was withdrawn in favour of the Congre- gatio Visitationis Apostolical, newly founded, for the current affairs of the ordinary visitation. Hence- forth this duty pertains to the vicarius urbis only in so far as he may be named president or member of this congregation, the prefect of which is the pope himself. The great "extraordinary" visitations, held generally at the beginning of each pontificate, are exe- cuted by a specially-appointed commission of car- dinals and prelates, the presidency of which falls by custom to the vicar. The Congregation of the Visita- tion is quite independent of the vicar, being consti- tuted by Apostolic authority. The authority of the vicar does not cease with the pope who appointed him. But should he die during a vacancy of the Holy See, his successor cannot be appointed by the College of Cardinals; all current affairs are transacted by the vicesgerens who thus becomes a quasi vicar-capitular (q. v.). Theoretically at least, the vicar may hold diocesan synods; he could also formerly grant a number of choir-benefices. Leo XIII reserved this right in perpetuity to the pope.

The Vicesgerens. — The first episcopal assistant of the vicar known is Angelus de Tineosis, Episcopus Viterbiensis, named 2 Oct., 1321, as assistant to the Vicar Andreas, Episcopus Terracine.nsis. His position is not so well outlined in the documents that we can form a clear idea of his duties. It is significant that Angelus officiated as assistant even when the Vicar Andreas was in the city. On the other hand, the Vicar Franciscus Scaccani, Ejriscopus Xolanus, was allowed to choose an assistant for the business of the vicariate only in the case of his own absence from Rome (Reg. Lateranense, torn. 68, fol. 83v, 19 Aug., 1399). According to this document it was not the pope but the vicar himself, though authorized thereto by the pope, who chose his own assistant and gave over to him all his authority or faculties, in so far as they were based on law or custom. This shows that the vicarius urbis was firmly established in the fulness of Iris office and externally recognized as such; cer- tain consuetudinary rights had even at this date grown up and become accepted. We see from the Bullarium Magnum (II, 75) that on 18 Oct., 1412, John XXII nominated Petrus Saccus, a canon of St. Peter's, as locum tenens of the Vicar Franciscus, abbas monasterii S. Martini in Monte. Cimino O. S. B., and himself conferred on this official all the faculties of the vicar. The new locum tenens was bidden to take the usual oath before the Apostolic Camera (see above). A similar case is that (1430) of Lucas de Ilperinis, an- other canon of St. Peter's. When Petrus Accolti, Bishop-elect of Aneona, was named vicarius urbis (1505) he took over the jurisdiction, but the pontifi- calia or ceremonial rights were given to Franciscus Berthleay, Bishop of Mylopotamos, until the conse- cration of Accolti. A similar case is that of Andreas Jacobazzi, a canon of St. Peter's, named vicar in 1519. but not consecrated as Bishop of Lucent until 1520; the pontificalia were committed to Vincentius, Bishop of Ottochaz-Zengg.

The series of assistants to the vicar, now known as vices-gerentes, begins with 1500. Until the time ,,f Clement XI (1700) they were named by the vicar; since then the pope has appointed them by a special Brief. The vicesgerens is therefore not a representative (locum tenens) of the vicar, but a subordinate aux- iliary bishop appointed for life, though removable at any time. His authority (faculties) relative to juris- diction and orders is identical with that of the vicar; for its exercise, however, he depends on the latter, as is expressly stated in the Brief of his nomination. In particular, the vicar has committed to him the ad- ministration of the treasury of relics known as the