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Proquest Dissertations A r 282 THE VICAR DELEGATE OF MISSION ORDINARIES An Historical introduction and canonical Commentary A Thesis Submitted to the Faculty of Canon Law of the University of Ottawa in Partial fulfilment of the Requirements for the Degree of Doctor of Canon Law. ^y Rev. Rogers Pelow,<J .C.L., Scar"boro i-'oreign Mission society. A.M.D.G. 8«AR< ^^ UMI Number: DC53601 INFORMATION TO USERS The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleed-through, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. UMI UMI Microform DC53601 Copyright 2011 by ProQuest LLC All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 A.M.D.G. The author wishes to express his gratitude for the generous aid given him in this work by the members of the .Faculty of Canon Law of the University of Ottawa. In particular,thanks are due to the Dean of the faculty,Rev.Arthur uaron,O.M.I., D.D.,D.C,L.,Ph.D., for his interest and guidance; to Rev. Yalerien Belanger,D.C.L.,Ph.L.,of the Grand Seminary of Montreal and member of the Canon Lav/ faculty of Ottawa University for his direction and criticism; and to Rev« Rene Latremouille,0#M.I.,D.C.L,,Ph.D.,for his frequent assistance.Also,appreciated is the kindness of the Rector and Oblates of Mary Immaculate of the University Seminary staff. TABLE OF CONTENTS. Page Forward I. Historical Introduction 3. Article I. Regarding the origin of the Vicar General 5. Article 2. Mission legislation regarding the Vicar General before the New Code of Canon Law 10. Article 3. New Mission legislation 19. a). After the Code,before the Letter of the Sacred Congregation of Propaganda,Dec.8th., 1919 —— — - 19. b). After the Letter of the Sacred Congregation of Propaganda,Dec.8th., 19191 21. CANONICAL COMMENTARY. CHAPTER I. Constitution of the Vicar Delegate 23. Article I. Necessity of the Vicar Delegate 23. Article 2. Appointment and number of Vicars Delegate 25. Article 3. Qualifications of vicars Delegate 35, Article 4. The Vicar Delegate when the see is impeded— 35. CHAPTER II. Powers of the Vicar Delegate 41. Article I. Nature of the power of the Vicar Delegate 41. Article 2, Limits of the power of the Vicar Delegate 66. a). Limitations "ab homi£e" 69. b). Limitations "a jure" 70. Page .article 3.Extension of the power of the Vicar Delegate 74. a.). Extension "a jure" 74. (i). Rescripts 75. (ii). Habitual faculties 79. b}. Extension " ab nomine" 86. CHAPTER III. Duties of the Vicar Delegate 87. Article I. In relation to persons 87. A. Regarding the vicar Apostolic 87. B. Regarding the Vicariate ~- 88. C. Regarding clerics 98. D. Regarding religious,men and women —- 104. E. Regarding associations of the i'aithful — 110 Article 2. In relation to ecclesiastical things 111. A. Regarding the Sacraments— I.Baptism 111. 2 .confirmation 115. 3,Holy Eucharist— 118. 4. Penance 130. 5. extreme unction- 137. 6. Holy Orders 137. 7. Matrimony 144. B. Regarding the Sacramentals 195. C. Regarding scared places and sacred times 199. D. Regarding divine worship 203. E. Regarding the teaching office of the church 208. J'. Regarding temporal goods • 214. Article 3. In relation to proceedings and punishments— 214. 1. Proceedings 214. 2. Punishments 217. .rage. CHAPTER IV. 1'he Kights and Privileges of the Vicar Delegate and the Cessation of his 0f±'ice •— 222. Article I. The rights and privileges of the Vicar Delegate 222. Article 2. Cessation of the office of the Vicar Delegate 226. a). Resignation 226. b). Revocation 229 c). Vacancy of the see 230. d). Suspension of jurisdiction 253. CONCLUSIONS — 234, Appendix I. The Letter of the Sacred uongreagtion of Propa­ ganda,Dec. 8th,,1919,regarding the Vicar Delegate* 236. Appendix II. General faculties granted by the Sacred Congre­ gation of Propaganda to mission Ordinaries,—......_ 238. Appendix III. List of the affairs for which the vicar General needs a special mandate,aacording to the New oode of uanon Law;to be applied accordingly to the vicar Delegate. S55, Appendix IV. Canonical causes for matrimonial dispensations,-.. g56 Bibliography. 264. -I- FOHBWARD Mission Law, whioh is a branch of Missiology, the science of the missions, is conoernecl with the exposition of the norms of canon law for missions. It may be defined as the legislation by which the "orte of the missions is regul­ ated, and it embraces the precepts of divide and ecclesiast­ ical law, the universal law of the Church as well as the particular laws of a determined mission region, the general laws binding all the faithful as well as special laws for particular classes of persons, the common law of the Code as well as exceptional law contained in indults, privileges, and faculties. While there are various sources of Mission Law such as the Code of Canon Law, documents issued by the Soman Pontiffs, statutes of provincial Councils, etc, the laws, decrees, ordinances, and decisions of the Sacred Con­ gregation of Propaganda take the principal place. Because of conditions and circumstances peculiar to missions this Sacred Congregation has made particular legislation on dif­ ferent matters for these regions which requires special con­ sideration. An attempt will be made in this thesis to con­ sider a piece of such legislation, namely, regarding the Vioar Delegate of Mission Ordinaries. When the New Code of Canon Law appeared it enumerated local Ordinaries, and in that enumeration included the Vicars General of residential Bishops, abbots and prelates nullius but made no mention of Vicars General of ¥icsrs and Prefects -£- Apostolic, (I). However, some thought that Vicars and Prefects Apostolic oould appoint their own Vicars General. But In its Letter of Deo. 8th, 1919, the Saored Congregation stated that the Code of Canon Law did not concede to them the right to choose a Vicar General as is possessed by residential Bishops. (2). It also stated that the Holy Father, Benedict XV on WOT. 6th, 1919 had granted a sanation for the invalid acts placed by those missionaries who had acted ss Vicars General. Moreover, the Holy Father gave to Mission Ordinaries the right to appoint a Vicar Delegate, If they needed one, who was to have practically the same Jurisdiction in spiritual and temporal natters as the Vicar General in a diooese. fhe Letter also added instructions regarding the Acuities, number and office of Vicars Delegate. After a brief historical introduction we will consider this new legislation regarding Viosrs Delegate, and explain his constitution, powers, duties, etc. Because the institution of the Vicars Delegate is so recent, the historical aspect of the matter will be concerned with a brief consideration of the origin of the Vioar General, and Mission legislation regarding that official on the missions, before the New Code, and up to the Letter of the Saored Congregation of Propaganda. The canonical commentary will necessarily form the major part of the thesis. (I). Can. 196, p.l, (2). S. C. de ?.F. Dec. 8th, 1919, — A.A.S. XII (1919), p.120, For the complete text of this important Letter see Appendix I* 2>— HISTORICAL INTRODUCTION Article I. Regarding the origin of the Vicar General, 1, In the administration of his diocese a Bishop has need of various officials who form his curia and aid him In the fulfillment of his office. Among these officials is the Vicar General. (S), We will consider the origin of the office of the Vlear General briefly because of the similarity between his office and that of the Vicar Delegate who is to the Vicar Apos­ tolic what the Vicar General Is to the Bishop. Since the term Is so frequently used we must note that a vicar is commonly defined as one who takes the place of or acts In the name of another. (4), 2. a). The Arohpriest. In the early church the clerics who lived with the Bishop aided him In the discharge of his various duties. They formed, as it were, his vicars, co-operators or auxiliaries. Priests especially were engaged in duties relating to things spiritual while deacons were entrusted with what referred to temporal administration. The priest who was senior by virtue of hts ordination came to be known as the Aroh­ priest or Protopriest. Sometimes, however, the appointment of the Arohpriest was due to his merit rather than precedence In ordination, in which case he was known as the "grand vleaire", (3). Can. 363, p.2. (4). ReiffelBstuel, Jus Csnonicum Universum, Bk. I, Pt.IV, Tit. XXVIII, n.2; Gilbert, Corpus Juris Canonic!, Bk. II, Tit. VII, pt. V, p.Ill; Andre, Dlctionnaire de Droit Canonique, III, p.680; Ayrinhac . Constitution of the Church in the New Code of Canon Law, n.F94. -4 that is, the great vicar, and o^ten becr.me the Bishop's suc­ cessor. The Arohpriest principally had charge of things con­ cerning divine worship In the episcopal church and supervised the duties of the ecclesiastical ministry. Also, he assisted the Bishop during liturgical ceremonies, often supplying for him in such matters as preaching, the administration of Sacra­ ments and the celebration of divine services* Hence his pos­ ition gradually assumed a special Importance since he had a certain authority over the other clerics.
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