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 JURGENS

567

JURISDICTION

ordained priest in ISoo. He afterwards joined the Society of Jesus and as early as 1S5S, even before the expiration of his novitiate, was chosen to fill the chair of elocution in the re-established theological faculty at Innsbruck. Besides many articles in pe- riodicals Jungmanii published: "Fiinf Siitze zur Er- kliirung und wissenschaftlichen Begriindung der An- dacht zum hi. Hcrzen Jesu und zum reinsten Herzen Maria-" (Innsbruck, 1S69); "Eine Litanei zum hi. Herzen Jesu aus der ill. Schrift " (2nd ed., ibid., 1S71) ; "Gefahren belletristischer Lektiire " (ibid., 1872); "Zur Vcrehrung U. L. Frau " (2nd ed., ibid., 1879); "Das Gemiit imd das Gefuhlsvermogen der neucren Psychologic" (2nd ed., ibid., 188.5); "Die Andacht zum hi. Herzen Jesu und die Bedenken gegen die- sellie '' (2nd ed., ibid., 1885); "Theorie der geistlichen Beredskarakeit " (2 vols., 3rd ed., Innsbruck, 1886); "Aesthetik" (2 vols., 3rd ed., 1S80). A third edition of his " Beredsamkeit " was published by his colleague, Michael Gatterer, who also edited a fourth and much abbreviated edition. Jungmann had a wonderful in- fluence over his students. Speaking of him, one of them writes: "I do not know what it was that always charmed the other students so much, but, for myself, I felt irresistibly drawn to him on account of his high sentiments and character, founded on deeply rooted principles, influenced by such alone, and therefore immovable. These sentiments distinguished him at every turn — in his studies, in his social intercourse, in his daily avocations, and in his religious exercises." HoFMANN, Das NikolaihAius zu Innsbruck einst und jetzt (Innsbruck, 1908), 126.

Karl, Klaar. Jurgens, PlERM.tNN. See Bombay, Archdiocese

Jurisdiction, Ecclesiastical, the right to guide and rule the Church of God. The subject is here treated under the following heads: I. General Concept and Classification of Jurisdiction; II. Development of Jurisdiction in its strict sense; III. Present Scope of Jurisdiction in its strict sense.

I. Gener.\l Concept and Classificatio.v of Jurisdiction. — The Church founded by Christ for the salvation of men needs, like every society, a regulating power (the authority of the Church). This power Christ has bestowed upon it. Directly before His Ascension He gave to the Apostles collectively the commission, and with it the authority, to proclaim His doctrine to all nations, to baptize them, and to teach them to observe all tilings that He had commanded (Matt., xxviii, 18 sqq.). It may be noted here that the Decree "Lamentabili sane", of 3 July, 1907, rejects (n. 52 sqq.) the tloctrine that Christ did not desire to found a permanent, unchangeable Church endowed with au- thority. It is customary to speak of a threefold office of the Church: the office of teaching (prophetic office), the priestly office, and the pastoral office (governing office), also, therefore, of the threefold authority of the Church, that is, the teaching authority, ministerial authority, and ruling authority. Since, however, the teacliing of the Church is authoritative, the teaching authority is traditionally included in the ruling au- thority; regularly, therefore, only the ministerial au- thority and the ruling authority are distinguished. By ministerial authority, which is conferred by an act of consecration, is meant the inward, and, because of its indelible character, permanent capacity to perform acts by which Divine giace is transmitted. By ruling authority,which is conferred by the Church (missio cannnica, canonical mission), is understood the authority to guide and rule the Church of God.

Jurisdiction, in so far as it covers the relations of man to God, is called jurisdiction of the Internal forum or jurisdiction of the forum of Heaven (j urisdictio ■poli). (See Forum, Ecclesiastical.) This again is either sacramental or penitential, so far as it is used in

the Sacrament of Penance, or extra-sacramental, e. g. in granting dispensations from private vows, juris- diction, in so far as it regulates external ecclesiastical relations, is called jurisdiction of the external forum, or briefly jurisdictiofori. This jurisdiction, the actual power of ruling is legislatirc, judici/il, or coaclii'c. Jurisdiction can be possessed in varying degrees. It can also be held either for both fora, or for the internal forum only, e. g. by the parish priest. Jurisdiction can be further sul>divided into: ordinary, quasi-ordinary, and delegated jurisdiction. Ordinary jurisdiction is that which is permanently bound, by Divine or human law, with a permanent ecclesiastical office. Its pos- sessor is called an ordinary juflge. By Divine law the pope has such ordinary jurisdiction for the entire Church and a bishop for his diocese. By human law this jurisdiction is possessed by the cardinals, officials of the Curia and the congregations of cardinals, the patriarchs, primates, metropolitans, archbishops, the pralati nullius, and prelates with quasi-episcopal juris- tliction, the chapters of orders, or, respectively, the heads of orders, cathedral chapters in reference to their own affairs, the archdiaconate in the Middle Ages, and parish priests in the internal forum. If, however, jurisdiction is permanently connected with an office, but the office itself is not perpetual and irrevocable, the jurisdiction is said to be quasi-ordinary, or juris- diclio ricaria. This form of jurisdiction is possessed, for example, by a vicar-general. Temporary e.xercise of ordinary and quasi-ordinary jurisdiction can be granted, in varj-ing degrees, to another as representa- tive, without conferring on liim an office properly so called. In tins transient form jurisdiction is called delegated or extraordinary, and concerning it canon law, following the Roman law, has developed exhaustive provisions. This development began when the popes, especially since Alexander III (1159-81), found them- selves obliged, by the enormous mass of legal busi- ness which came to them from all sides as the " judices ordinarii omnium" to hand over, with proper instruc- tion, a large number of cases to tlurd parties for decision, especially in matters of contentious jurisdic- tion.

Delegated jurisdiction rests either on a special au- thorization of the holders of ordinary jurisdiction (delegalio ab homine), or on a general law (delegatio a lege, a jure, a canone). Thus, the Council of Trent transferred a number of papal rights to the bishops " tanquam Apostolicae Sedisdelegati ", i. e. as delegates of the Apostolic See (Sess. VI, De ref.,c.ii,iii,etc.), and " etiam tanquam Apostolicae Sedis delegati ", i. e. also as delegates of the Apostolic See (Sess. VI,Deref.,c.iv, etc.). In the first class of cases bishops do not possess ordinary jurisdiction. The meaning of the second ex- pression is disputed, but it is generally taken as purely cumulative. If the delegation applies to one or several designated cases only, it is special delegation. If, how- ever, it applies to an entire class of subjects, it is then general delegation or delegation for the universahty of causes. Delegated jurisdiction for the total of a number of matters is known as delegatio mandata. Only those can be appointed delegates who are competent to exe- cute the delegation. For an act of consecration the delegate must have himself the necessary sacred orders. For acts of jurisdiction he must be an ecclesiastic, though the pope could also delegate a layman. Papal delegation is usually conferred only on ecclesiastical dignitaries or canons (c. xi, in VI", De rescript., I, iii; Council of Trent, Sess. XXV, De ref., c. x). The dele- gate must be twenty years old, but eighteen years suffices for one appointed by the pope (c. xli, X, De off. jud. deleg., I, xxix). He must also be free from excommunication (c. xxiv, X, De sent, et re jud., II, xxvii). Those placed under the jurisdiction of the delegator must submit to the delegation (c. xxviii, X, De off. jud. deleg., I, xxix). Delegation for one mat- ter can also be conferred upon several. The distinction