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BISHOP


588


BISHOP


that in this case the bishop has ordinary jurisdiction witli regard to his subjects, and only a delegated one W'ith regard to those who are exempt (Hinschius, System des katholischen Kirchenrechts, Berlin, 1869, I, 178; Scherer, Handbuch des Kirchenrechtes. Graz, 1886, I, 421, note 36); others again maintain that the bishop has at the same time both an ordinary and a delegated power over his subjects, and a delegated power over those who are exempt (,Weniz, II, 816); finally, others see in this formula only a means of removing any obstacles which might prevent the bisliop from using the power accorded to him (Santi, Pra;lect. jur. can., New York, 1898, I, 259). The delegated pow-ers ab homine are at the present of very great importance, especially in missionary coimtries. The Apostolic Penitentiary grants those which are only concerned with the forum of conscience. The others are granted by the Congregation of the Propaganda. They are called facultates habituales, because not granted for a determined individual case. These faculties are no longer accorded only to the bishop in liis own person but to the ordinaries, that is to say, to the bishop, to his successor, to the ad- ministrator pro tern, of the diocese, and to the vicar- general, to \'icars Apostolic, prefects, etc. (Declaration of the Holy Office, 26 November, 1897, 22 .-^pril, 1898, 25 June, 1898. 5 September, 1900; Acta Sancta; Sedis, 1897-98, XXX, 627, 702; 1898-99, XXXI, 120; 1900-01, XXXIII, 225). As a general rule the bishop can subdelegate these powers, provided that the faculties do not forbid it (Holy Office, 16 De- cember, 1898; Acta Sancta; Sedis, 1898-99, XXXI, 635). For further information see Putzer-Konings, " Commentarium in facultates apostohcas" (5th ed., New York, 1898). On the other hand, the bishop can always ask the Holy See for such delegated powers as are necessary in the administration of his diocese. The bishop is also the ordiuarj' and habitual executor of the dispensations which the Holy See grants in foro externa, i. e. for public use or appli- cation.

IV. Obligations of the Bishop. — In describing the rights of bishops we have already in great meas- ure indicated what their obligations are. All their efforts must aim at preserving the true faith and a high moral tone among the people; they attain this end by good example, by preaching, by daily so- licitude for the good administration of the diocese, and by prayer. Bishops, in effect, are bound by the Divine law to implore the help of God for the faith- ful committed to their care. Canon law has deter- mined more fully this obligation, and imposes upon the bishops the obligation of celebrating Mass for the faithful of their dioceses {missa pro grege) every Sunday, on the feast days of obligation and on the abrogated feast days (Const. Leo XIII " In supremd ", 10 June, 1882; " Collectanea. S. C. P.". no. 112). The bishop is bound to take special care of the education of youth and of the training of his clergj'; he must exercise continual vigilance over the latter and assist them with his counsels. The Church has imposed as special obligations upon bishops the canonical visitation of the diocese and the holding of an annual diocesan synod. The bishop is bound to visit each year the greater part of his diocese, either personally or, if prevented, through his dele- gates. This visit will permit him to administer the Sacrament of Confirmation (Council of Trent, Sess. XXIV, De ref., ch. iii). The Third Plenary Council of Baltimore grants the bishop three years for making this visitation (Acta et decreta. no. 14). The Council of Trent ordered that an annual diocesan synod should be held (Sess. XXIV, De ref., ch. ii). At present, the Holy See no longer urges the strict observation of this legislation (Santi, Praelect. Jur. can., I, 360). The Third Council of Baltimore ile- creed that the bishop should take counsel with the


diocesan consultors whenever he wished to convoke a sjmod (.\cta et decreta, no. 20). It is then unnec- essary for the synod to assemble everj- year. How- ever in missionary countries the Holy See desires that these synods should be rather frequent and dispenses the bishop from the observation of the formalities difficult to fulfil, e. g. the convoking of all ecclesiastics who ought to be present at the synod (Letter of Propaganda to the Bishop of Milwaukee, 29 July, 1889, " Collectanea. S. C. P.", no. 117). It is evident, finally, that the bishop cannot fulfil the duties of liis office imless he observes the law of residence. The bishop is obliged to reside in his diocese and it is proper that he should be in the episcopal city on the principal feast days of the year. He cannot be absent from his diocese for more than three months, except for grave reason approved of by the Holy See (Council of Trent, Sess. VI, De ref., ch. i; Sess. XXIII, De ref., ch. i; Benedict XIV, "Ad universje christianse", 3 September, 1746; Letters of Propaganda, 24 April and 24 August, 1861; "Collectanea, S. C. P.", nos. 103, 105).

The bishop has al.so obligations regarding the Holy See. Tliroughout liis entire administration he must conform to the general legislation of the Church and the directions of the pope. In this respect two special obligations are incumbent upon him: he must pay the f'isitatio ad limina Apostolorum, and present the Relatio de statu dio'cesis, i. e. he must \'isit the shrines of Sts. Peter and Paul at Rome and present a report on the condition of his diocese. In the time of Paschal II (1099-1118), only metropolitans were bound to pay this visit. The Decretals imposed this obligation upon bishops whose consecration the pope reserved to himself (C. iv, "De elect ione et electi potestate"; X, I, vi; c. xiii, "De majoritate et obe- dientia", X, I, xxxiii; c. iv, "De jurejurando", X, II, xxiv; Friedberg, II, 49, 201, 360). It has become general since the fifteenth centurj*, and Sixtus defi- nitely ruled in favour of this obligation (Bull. "Ro- manus Pontifex", 20 December, 1585; "Bullarum amplissima coUectio", ed. Cocquelines, Rome, 1747, IV, iv, 173). According to this Bull the bishops of Italy and the neighbouring islands, of Dalmatia and Greece, must make the visit ad limina every three years; those of Germany, France, Spain, England, Portugal, Belgium, Bohemia, Hungarj-, Poland, and the islands of the Mediterranean Sea everj' four years; those of other parts of Europe, of North Africa, and the isles of the Atlantic Ocean situated to the east of the New World, everj' five years; those of other parts of the world every ten years. The bishops of Ireland, in virtue of a privilege of 10 May, 1631, are bound to pay this visit only every ten years. Even in the case of more recently erected sees the years are counted from 20 December. 1585, date of the aforesaid Bull (Instruction of Propaganda, 1 June, 1877; " Collectanea, S. C. P.", no. 110). The bishops must pay this visit personally and for this purpose are allowed to absent themselves from their dioceses, the bishops of Italy for four montlis, other bishops for seven montlis. The Holy See sometimes dis- penses a bishop from the obligation of paying this visit personally, and permits him to send, as his delegate, a priest of his diocese, especially one of those who have been promoted to a liigh office {dig- nitates), or a priest of the diocese sojourning at Rome, or even the agent of the bishop in that city, if an ecclesiastic. While this \'isit, as stated above, ought to be paid the third, fourth, fifth, or tenth year, the rule suffers frequent exceptions in practice (W'ernz, II, 914). The ViKitatio Liminum includes a visit to the tombs of St. Peter and St. Paul, an audience with the Holy Father, and a WTitten report wliich the bishop ought to present to the Congregation of the Council [Congregatio specialis super statu ecclesiarum also called Concilietto) according to the formula of