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 DELCnS

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DELEGATION

Delcus, a titular see of Thrace, suffragan of Philip- popolis. The Greek name of the place was Delkos or Delkoi, later Derkos or Derkoi ; the latter forms have prevailed. The Turkish and common name is Der- kos. It is now a little village south-west of Kara Bournou, a promontory on the Black Sea, and on the southern bank of Lake Derkos, the waters of which are brought to Constantinople by an aqueduct. There are about 300 inhabitants. The see, though some have connected its origin with the preaching of .St. Andrew, is not mentioned before the eighth century; however a rather obscure record of Balsamon (P. G., CXXXVII, 548) permits the supposition that it was established shortly after the Trullan Council of 692. The first known bishop is Gregory, who attended the Second CoimcO of Nica^a in 787. In the records of the comicils under Photius are found the signatures of his partisan Ncophytus and of Macarius, the par- tisan of St. Ignatius. About 840 the see stood twen- tieth among the autocephalous archbishoprics. Its archbishop, John, subscribed a synodal sentence in 997. Balsamon (P. G., CXXXVIII, 273) speaks of another prelate who sought permission to reside in the larger and richer city of Phileas. Another was reproached in the Holy Synod by the Patriarch Michael with hav- ing ordained a bishop native of Constantinople and before the canonical age (ibid., 213); he was perhaps the John who was present in 1166 at the council of Constantinople, known as "Pater major me est". One Gregory subscribed another council in 1193. In 1316 the see was given to the Archbishop of Nym- phajum, who had been deprived of his own (Miklosich and Miiller, "Acta et diplomata graeea", 1 ,50). Luke was archbishop in 1.329 (ibid., 98). In 1356 the see was per adjunctionem in the hands of the Metropolitan of Bizye (ibid., 355). In 1365 it had again an occu- pant, and its bishop in 1379 and 1381 was Paul: in 1389 Joseph was bishop (op. cit., II, 6, .39, and 129). In 1466 it was and probably had long been ruled di- rectly by the Patriarch of Constantinople [Kam- bouroglous. Monuments for History of Athens (Gr.), II, 354). It was not re-established until the begin- ning of the seventeenth century, when the titular re- sided at Therapia on the Bosphorus. Delcus was made a metropolis in 1655. In October, 1746, it was raised to the eighth rank of the Greek hierarchy (Mansi, Col. concil., XXXVIII, 527). The diocese now in- cludes 41 villages in the vicinity of Constantinople and along the shores of the Black Sea and the Sea of Mar- mora, among them San Stefano, Makri-Keui, and Beuyuk-Der^, with Catholic parishes conducted by Capuchins, Dominicans, and Minor Conventuals.

Lequien, Oriens chrislianuSt I, 1163; Gedeon, Engraved Stones and Bricks (Constantinople, 1893), 169-175; Bakalo- povi.oa. Eastern Calendar for 1S06 (Constantinople, 1895). 103- 34; Idem, Calendar of the National Philanthropic Establishments for 1006 (Constantinople, 1905), 145-58.

L. Petit. Delegates, Apcstolic. See Legate.

Delegation (Lat. delegare), the commission to an- other of jiu'isdiction, which is to be exercised in the name of the person delegating. Jurisdiction is de- fined as the power of anyone who has public authority and pre-eminence over others for their rule and gov- ernment.

I. In ancient Roman law, delegation was the sub- stitution of one debtor for another; the second debtor making payment in the name of the first. In modern civil law, the term delegations is used for committees of representatives or judges, who in the name of the parliament of the judiciary consider and determine the special matters confided to them. In canon law, delegation is the spiritual jurisdiction or power which a person exercises in virtue of a commission from one having ordinarj- jurisdiction (see Jurlsdiction), with the understanding that such delegate must act in the name of the one delegating. The canons distinguish

between delegation ab liomine, and delegation a jure. The former is that which comes from a person in the strict sense of the word ; while the latter may have its source in a juridical or moral person. Thus, it is through delegation a jure, that is in virtue of jurisdic- tion granted by the Council of Trent, that bishops have certain powers in regard to exempted regulars. Whenever the common law designates a person as having powers which belong to another by ordinarj* right, the one upon whom they are conferred is said to be a delegate a jure. If bishops exercise such pow- ers "as delegates of the Apostolic See", an appeal against their actions would have to be made to the pope, for it is really his jurisdiction they are employ- ing ; while if the common law refers to them as acting "also as delegates of the Holy See", an appeal could be taken to the metropolitan, as in such a case the bishop acts in virtue of both ordinary and delegated jurisdiction. Historically, the origin of canonical delegation is to be sought most probably in the fifth (in the Latin version, the seventh) canon of the Coun- cil of Sardica (a. d. 347), which speaks of judges dele- gated for Roman appeals. From the fifth century onwards, instances of appointment of delegates by the popes are distinctly recorded, and such delegation be- came more frequent as time went on, particularly since the pontificate of Gregory I (590-604).

II. Anyone having ordinary jurisdiction may dele- gate another, unless such power be expressly withheld from him. It is necessary to mention this restriction, for although parish priests have ordinary jurisdiction for the tribunal of penance, yet they cannot strictly delegate another for that task, because the hearing of confessions belongs to the external forum and all con- fessions need episcopal approbation. The person delegated by the lawful superior must be a cleric well versed in the matter for which he receives delegation, and he must not be excommunicate. While the age of twenty years is prescribed by law for the dele- gate, it is also provided that the age of eighteen will suffice, if those concerned are satisfied. Several dele- gates may be appointed for the same matter. In this case each may receive such a commission that if he undertake the matter alone the other delegates may no longer interfere, unless the first be hindered from determining it (delegatus in solidum) ; or the power in a cause may be delegated to several persons so that they must act together to make the effect of their delegation valid {delegatus simpliciter). If the dele- gate be commissioned by the pope, he should ordi- narily be an ecclesiastical dignitary or a cathedral canon, and the case should be heard in a city or place of some religious or civic distinction. It is evident, however, that the sovereign pontiff may, if he choose, derogate from these laws in all their aspects. Gen- eral defects disqualifying a person to receive delega- tion are infamy, deafness, insanity, dumbness, slavery, and the like. It was statetl that the person delegated should be a cleric; for neither bishops nor those in- ferior to them can delegate a layman for spiritual matters or for criminal causes of ecclesiastics. It is disputed whether a delegation made by them to lay judges to determine even civil causes of clerics would be valid. The pope, however, may delegate laymen for such cases when there is question of an individual instance. Reiffenstuel says that to commit in general all causes of ecclesiastics to laymen, would be to do away with the forensic jirivilege of clerics (pririlegium fori) and therefore is outside the sphere of papal prerog- atives, as the exemption of clerics is probably of Divine right. The granting of a delegation may be verbal, except in cases where the law expressly pre- scribes that it be in writing. The delegation must also be the free act of the superior, for delegated faculties obtained absolutely against the will of the donor woukl be invalid. If, however, they be ex- torted by fear, they will not be void, for then they