Page:Catholic Encyclopedia, volume 15.djvu/461

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VICARI


403


VICE


law, in which he should be a doctor or licentiate, or at least equivalently qualified. Statutes of particular councils and rescripts of Roman Congregations de- clare that the vicar-general should not have the cure of souls, but this is nowhere prescribed in common law, and though an urban parish, or a capitular office, or the rectorship of a seminary are hindrances to the liberty of a vicar-general, yet they are not strictly in- compatible with it. Regulars cannot be appointed vicars-general without the permission of their religious superiors, and they need, in addition, the license of the Holy See to live outside their monasteries. It is ex- pedient that the vicar-general should not be a blood relation of the bishop or a cleric of the diocese, but there is no general law to this effect, though the schema of the Vatican Council contains one (Jus. Pont, de Prop. Fid., VI, append.).

The power of the vicar-general, by reason of his office and deputation, extends to all causes in the or- dinary episcopal jurisdiction, e.xcejjt those which com- mon law or the bishop may have reserved or made de- pendent on a special mandate. The tribunal of the vicar-general is one with the bishop's, and therefore there is no appeal from one to the other. The vicar- general cannot substitute another cleric in his place to exercise his whole jurisdiction, but he may ap- point delegates for special causes. Owing to the dependence of the jurisdiction of the vicar on that of the bishop, it ceases or is impeded with the latter. When, however, the vicar is acting in a special case as a strict delegate, he may even then finish the cause he had begim. The jurisdiction of a vicar-general, ac- cording to most canonists, is of a class by itself be- tween ordinary and delegated, and it may be called quasi-ordinary, because, on the one hand, it is con- nected with a certain office by legal enactment and, on the other, it is exercised not in his own, but an- other's, name, .^s ordinary jiu-isdiction, however, is always exercised by him as a matter of fact, there is no reason whj' his power should not be called ordinary. By virtue of a general mandate, the vicar-general ex- ercises ordinary jurisdiction in the name of the bishop, but for some causes he needs a special man- date. These are: to make a visitation of the diocese, to confer benefices of free collation, to punish the ex- cesses of clerics or remove them from their benefices or offices, to use the bishop's Tridentine faculties of dis- pensation and suspension, to concede dimissorial let- ters for receiving orders. All the above require a special mandate by explicit law, but others of a simi- lar nature, according to canonists, also require this mandate. They are: to suppress, unite, or divide benefices, to admit resignations for the purpose of exchanging benefices, to convoke a diocesan synod, to erect monasteries and confraternities. The office of a vicar-general expires with his death or resignation; with the cessation of the bishop's jurisdiction; with the revocation of his vicarial mandate, which must, however, be justifieti by a grave cause and against which, if his honour be impugned, he has recourse to the Holv See.

Taunton, The Law of the Church (London, 1906), s. v.; Smith, Element)! of Ecclesiaslicat Law, I (New York, 1895); Wehnz, Jus iecretalium, U (Rome, 1899): Thomassin, Vetxus ct nova rfis- ripliTia rPari'^, insH); LArnENTiu.'i, InatitiUiones juris ecdrsiag- lici(Fribourg, 1903); Ferraris, BiWioMeca caTumica, Vll (Rome 1891), s. V.

WiLLiA.M H. W. Fanning.

Vicari, Hermann von. Archbishop of Freiburg in Baden, b. at Aulendorf in Wiirtemberg, 13 Mav, 177.3; d. at Freiburg, 14 April, 1868. In 1789 he r(>- ceived tonsure at Constance and obtained a canonry, studied law until 179.') at Vienna, and after a brief practice began the study of theology-. In 1 797 he wa.s ordained priest, and made ecclesiastical councillor and official of the episcoiial curia at Constance. .4ft er the sut)pression of the diocese (1S02) the Archbishop of Freiburg appointed him cathedral canon, in 1827


vicar-general, and in 1830 cathedral dean. In 1832 he was appointed AuxiUary Bishop of Macra, in 1836 and 1842 diocesan administrator, and in 1842 arch- bishop. As archbishop, Vicari endeavoured to re- lease the Church of Baden from the bonds of Joseph- inism and the principles of Wessenberg, and to defend its rights against the civil Government. To over- come prevalent rehgious indifference he emphasized the rights of bishops in training and appointing the dergj', and enforced discipUne as regards mixed mar- riages. In a violent dispute with the (jovernment over his prohibition of a Requiem Mass for deceased Protes- tant rulers he was victorious, as also in later contests about the schools. Though placed under pohce super- vision and held prisoner in his palace, his unwavering determination brought about the reorganization of Catholic Ufe in Baden. He founded a seminary for boys out of his private means, estabhshed a theologi- cal house of studies, and appointed learned and ascetic men of sound religious convictions as professors at the ecclesiastical seminary. In numerous pastoral letters and exercises he animated the priests for their high calling, exhorted them to the faithful fulfilment of their duties, especially in the administration of the sacraments, and punished disobedience with great severity. He was energetic in his support of the secu- lar authority, and in the revolutionary years of 1848- 1849 he exhorted the Catholics to remain loyal.

KuBEL, Hermann van Vicari (Freiburg, 1869); Hansjakob. Hermann von VicaH (Wiirzburg, 1873).

Patricids Schlager.

Vicariate of Rome. See Cardinal Vicar.

Vicarius Urbis. See Cardinal Vicar.

Vicar of Christ (Lat. Vicarius Chrisli), a title of the pope implying his supreme and universal primacy, both of honour and of jurisdiction, over the Church of Clirist. It is founded on the words of the Divine Shepherd to St. Peter: "Feed my lambs. . . . Feed my sheep" (John, xxi, 16, 17), by which He constituted the Prince of the Apostles guardian of His entire flock in His own place, thus making him His Vicar and fulfilUng the promise made in Matt. xvi, 18, 19. In the course of ages other vicarial designations have been used for the pope, as Vicar of St. Peter and even Vicar of the Apostolic See (Pope Gelasius, I, Ep. vi), but the title Vicar of Christ is more ex-pressive of his supreme headship of the Church on earth, which he bears in virtue of the commission of Christ and with vicarial power derived from Him. Thus, Innocent III appeals for his power to remove bishops to the fact that he is Vicar of Christ (cap. "Inter corporalia", 2, "De trans, ep."). He also declares that Christ has given such power only to His Vicar Peter and his succes- sors (cap. "Quanto", 3, ibid.), and states that it is the Roman Pontiff who is "the successor of Peter and the Vicar of Jesus Christ" (cap. "'Licet", 4, ibid.). The title Vicar of God used for the pope by Nicholas III (c. "Fundarnenta ejus", 17, "De elect.", in 6) is employed as an equivalent for Vicar of Christ.

Petra, Commentaria ad c.onMiluliones apostolicas, V (Rome, 1705): .ScHMlER, Jurisprwicruia canonico-civilia, I (Venice, 1754); Ferraris, Bibliotheat canonica, VI (Rome, 1890), s. v. Papa.

William H. W. Fanning.

Vice (Lat. vitium, any sort of defect) is here regarded as a habit inclining one to sin. It is the product of repeated sinful acts of a given kind and when formed is in some sense also their cause. Its specific characterization in any in.stance must be gathered from the op])osition it implies to a particular virtue. It is manifest that its einjiloyiiienl to desig- nate the individu:d wicked act is enlirely impro])er. They differ as the habit of doing .anylliing is dis- tinguished from the act of that thing. Hence a man may have vices and yet be at times guilty of no sin, and conversely the commission of isolated sine