Page:Catholic Encyclopedia, volume 5.djvu/26

 DIUUJSSE

DIOCESE

by a simple decretum or decision of the Congregation of the Consistory approved by the pope, without the for- mality of a Bull or Brief.

IV. Different Classes of Dioceses. — There are several kinds of dioceses. There are dioceses prop- erly so called and archdioceses (q. v.). The diocese is the territorial circumscription administered by a bishop; the archdiocese is placed under the jurisdic- tion of an archbishop. Considered as a territorial cir- cumscription, no difference exists between them; the power of their pastors alone is different. Generally, several dioceses are grouped in an ecclesiastical prov- ince and are subject to the authority of the metropoli- tan archbishop. Some, however, are said to be ex- empt, i. e. from any archiepiscopal jurisdiction, and are placed directly imder the authority of the Holy See. Such are the dioceses of the ecclesiastical prov- ince of Rome, and several other dioceses or archdio- ceses, especially in Italy, also in other countries. The exempt arclibishops are called titular archbishops, i. e. they possess only the title of archbishop, have no suf- fragan bishops, and administer a diocese. The term "titular archbisliop ", it is to be noted, is also applied to bishops who do not administer a diocese, but who have received with the episcopal consecration a titular archbishopric. For the better understanding of this it must be remembered that archdioceses and dio- ceses are divided into titular and residential. The bishop of a residential see administers his diocese personally and is bomid to reside in it, whereas the titular bishops have only an episcopal title; they are not bound by any obligations to the faithful of the dio- ceses whose titles they bear. Thesewereformerlycalled bishops or archbishops in pariihus infidelium, i. e. of a diocese or archdiocese fallen into the power of infidels; but since 1SS2 they are called titular bishops or arch- bishops. Such are the vicars Apostolic, auxiliary bishops, administrators Apostolic, nuncios. Apostolic delegates, etc. (see Titular Bishop). Mention must also be made of the suburbicarian dioceses {dinceses stiburbicaruv), i.e. the six dioceses situated in the im- mediate neighbourhood of Rome and each of which is administered by one of the si.x cardinal-bishops. These form a special class of dioceses, the titulars oroccupants of which possess certain special rights and obligations (see SuBt"RBic.iRL\N Dioceses).

V. Nomination, Transl.\tion, Renunciation, AND Deposition of a Bishop. — The general rules rela- ting to the nomination of a residential bishop will be found in the article Bishop. They are applicable whatever may have been the cause of the vacancy of the diocese, except in the case of a contrary order of the Holy See. The Church admits the principle of the perpetuity of ecclesiastical benefices. Once invested with a see the bisliop continues to hold it until his death. There are, however, exceptions to this rule. The bishop may be allowed by the pope to resign his see when actuated by motives which do not spring from personal convenience, but from concern for the public good. Some of these reasons are expressed in the canon law; for instance, if a bishop has been guilty of a grave crime {conscientia criminis), if he is in failing health (debilitas corporis), if he has not the requisite knowledge (dcfectiis scietttioe), if he meets with serious opposition from the faithful (mnlilia plehis), if he has been a cause of public scandal (scnmlalum popidi), if he is irregular (irrcgiduritas) — c. 10, X, De renuntia- tione, I, 9 ; c. 18, X.De regularibus, III, 32. The pope alone can accept this renunciation and judge of the sufficiency of the alleged reasons. Pontifical authori- zation is also necessary for an exchange of dioceses be- tween two bishops, which is not allowed except for grave reasons. The same principles apply to the transfer {Irnnslalio) of a bishop from one diocese to another. Canonical legislation compares with the in- dissoluble marriage tie the bond which binds the bishop to his diocese. This comparison, however, must not be

imderstood literally. The pope has the power to sever the mystical bond which unites the bishop to his church, in order to grant him another diocese or to promote him to an archiepiscopal see. A bishop may also be deposed from his functions for a grave crime. In such a case the pope generally invites the bishop to resign of his own accord, and deposes him only upon refusal. As the Holy See alone is competent to try the crime of a bishop, it follows that the pope alone, or the congregation to which he has committed the bish- op's trial (Congregation of Bishops and Regulars, the Propaganda, sometimes the Inquisition), can inflict this penalty or pronounce the declaratory sentence re- quired when the law inflicts deposit ion as the sanction of a specified delinquency. Finally, the pope has always the right, strictly speaking, to deprive a bishop of his diocese, even if the latter is not guilty of crime ; but for this act there must be grave cause. After the conclu- sion of the Concordat of ISOl (q. v.) with France, Pius VII removed from their dioceses all the bishops of France. It was, of course, a very e.xtraordinary meas- ure, but was justified by the gravity of the situation.

VI. Ad.ministration of the Diocese. — The bishop is the general ruler of the diocese, but in his adminis- tration he must conform to the general laws of the Church (see Bishop). According to the Council of Trent he is bound to divide the territory of his diocese into parishes, with ordinary jurisdiction (q. v.) for their titulars (Sess. XXIV, c. xiii, De ref.), unless circumstances render impossible the creation of par- ishes or unless the Holy See has arranged the matter otherwise (Third Plenarj' Council of Baltimore, nos. 31-33). The bishop needs also some auxiliary service in the administration of a diocese. It is customary for each diocese to possess a chapter (q. v.) of canons in the cathedral church; they are the counsellors of the bishop. The cathedral itself is the church where the bishop has his seat Uad^Spa). The pope reserves to himself the right of authorizing its establishment as well as that of a chapter of canons. In many dioceses, principally outside of Europe, the pope does not estab- lish canons, but gives as auxiliaries to the bishop other officials known as considtorcs cleri diaecesani, i. e. the most distinguished members of the diocesan clergy, chosen by the bishop, often in concert with his clergy or some members of it. The bishop is bound to ask the advice of those counsellors, canons or consultors, in the most important matters. The canons possess, In some cases, the right to nullify episcopal action taken without their consent. The consuUores cleri diaecesani^ however, possess but a consultative voice (Third Plen. Council of Baltimore, nos. 17-22; Plen. Cone. AmericsB Latino?, no. 246. — See Consultors, Diocesan). After the bishop, the principal authority in a diocese is the \'icar-general (t-icarius generalix in spiritualibus); he is the bishop's substitute in the administration of the diocese. TTie office dates from the thirteenth cen- turj'. Originally the ^^car-general was called the "official" (officialis); even yet officialis and incarius generalis in spiritualibus are synonymous. Strictly speaking, there should be in each diocese only one vicar- general. In some coimtries, however, local custom has authorized the appointment of several vicars-gen- eral. The one specially charged with the canonical lawsuits (jurisdictio conicntiosa), e. g. with criminal actions against ecclesiastics or with matrimonial cases, is still known as the "official"; it must be noted that he is none the less free to exercise the functions of \'icar- general in other departments of diocesan administra- tion. A contrary custom prevails in certain dioceses of Germany, where the "official" pos.sesses only the jurisdictio contentiosa, but this is a derogation from the common law. For the temporal administration of the church the bishop may appoint an ccconomus, i. e. an administrator. As svich functions do not require ecclesiastical jurisdiction, this administrator may be a layman. The choice of a layman fully acquainted