CONCURSUS
209
CONCURSUS
date the faithful. In these churches sacred functions
wrre conducted by priests residing at the cathedrals.
Ccitisequently, the cathetlral w.is the only parish in
farh diocese and the bishop, as chief pastor, exercised
thn care of souls throughout the diocese. A similar
iiason led to the organization of rural parishes during
ilir course of the fourth centuiy. With one or two
exceptions, parishes were not organized in cities be-
f' ire the year 1000. The first step towards the estab-
lishment of city parishes, was taken in the Council of
Limoges (1032). The amicable settlement of disputes
imolving a departure from the old regime paved the
w.iy for the organization of city parishes in France.
Italy was not slow in following the example of France.
lupi, "De parochis ante annum Christi millesi- iniim", Bergamo, 178S; Muratori, "Dissert, de par- iiciis et plebibus" in ".\ntiq. Ital.", VI, 359; Nardi, "Dei parrochi, opera di antichiti sacra", Pesaro, 1X129-30; Drouyn, "L'histoire paroissiale" in "Rev. Cath. de Bordeaux", 1881, III, 233, and "Bull, hist.- arrh. du dioc. Dijon", 1887, V, 225; Zorell, "Die Ent- wirkelung des Parochialsystems " in "Archiv fiir kith. Kirchenrecht ", 1902-3.) Departures from traditional methods gradually took place in other iiiiintries until the organization of city and countrj' parishes became general throughout the Church (see Parish).
The new regime paved the way for the admission of a general principle whereby ecclesiastical benefices, I spi'cially thoseof major importance, with cure of souls nr parochial responsibility attached, were conferred on mine save those duly quahfied to hold them (see Bene- FicEi. Conscientious recognition of this principle was repeatedly inculcated, e. g. by Alexander III, Innocent III. and Gregorj' X. So long as ecclesiastics were not ordained absolutely, but for some specific otfice in each diocese, the canonical examinations for orders served iKiturally as a criterion to determine appointments to lenefices. In time, however, this ancient method of iiniination fell into decay, and under Innocent III
1 198-1216) separate examinations were inaugurated a< the most satisfactory method of making appoint- itients to benefices that carried with them the cure of souls (beneficta curata). In order to attain greater security in pro\iding for the salvation of souls, the Council of Trent (Sess. XXIV, ch. xviii) obliged bish- ops to assign to each parish a permanent parish priest who would know his parishioners. The better to real- ize this design, the same council instituted the concur- 6US, a competitive examination given to candidates seeking appointment as p.astors of (canonical) par- ishes. According to the Tridentine legislation, bish- ops must designate a day for this examination. At the specified time, such as have signified their inten- tion of undergoing this test are examined by the bish- op or his vicar-general and by no less than three syno- dal examiners (q. v.). The bishop is required to ap- point the one he judges most worthy among those passing a satisfactory examination.
Though the Tridentine regulations are quite clear, some canonists claimed that failure to observe them rendered appointments illicit, not invalid, while others held that bishops were not bound to appoint the most worthy candidate, but merely one passing a creditable examination. To dissipate such errors Pius V Lssued the Constitution "In conferendis" (18 May, 1567). Later on, to forestall the possibility of groundless ap- peals on the part of dissatisfied competitors, as well as to ensure strict justice to candidates, Clement XI is- sued (IS Jan., 1721) a decree reganiing the manner of conducting examinations, and the manner of dealing with those entering a[)peals ag.ainst the decision of the examiners or the a|)pointment of the bishop. How- ever, {'lenient XI's regulations occasioned various comiilaint.s, and to reinidy these dilficulties, as well as to complete ecclcsii-itical legislation concerning the concursus, Benedict XIV i.^sued the important Con- IV.— 14
stitution, "Cum illud" (14 Dec, 1742). A survey of
the various stages of ecclesiastical legislation on this
question will naturallly exhibit a fair summary of its
leading points.
In the first place, appointments to canonically erected parishes are null when no concursus has been held, imless the Tridentine legislation has been abro- gated by long usage or special permission of the Holy See. Questions and answers pertaining to a concur- sus must be committed to writing. The matter of the examination is taken from theology (moral and dog- matic), liturgy, and ecclesiastical law, and is chiefly of a practical character. A lesson in catechism and a brief sermon may be prepared by the candidates. All com- petitors are examined in the same place and at the same time. The bishop is not justified in appointing simply a worthy competitor, but is obliged to choose the candidate he deems the most worthy among those approved by the examiners, whose office is exhausted when they have attested the worthiness (idoneitas) of the various competitors. The examiners, however, are bound to consider, not only the learning, but also the age, prudence, integrity, past services, and other qualifications of competitors. Candidates not ap- pointed are at liberty to enter an appeal to the metro- politan, and then to the Holy See, but this does not sus- pend meanwhile the e-xecution of the episcopal decis- ion. The judge to whom such an appeal is made must base his decision on the proceedings of the concursus already held ; this precludes a second concursus or the introduction of additional evidence. While this is the general ecclesiastical law, certain exceptions must be noted. This law does not cover appointments to par- ishes where the incumbent is not permanently installed nor to parishes whose revenues are not sufficient to justify such proceedings as a concursus involves. Nor, according to the common law, is a concursus advisable when the bishop, after hearing the advice of the syno- dal examiners, apprehends serious disorders in case a concursus were to take place.
The Third Plenan,- Council of Baltimore (1884) de- creed that in the Cnited States one in every ten par- ishes of a diocese should become a permanent rector- ship. To inaugurate this plan, the council ruled that the establishment of such rectorships, and the appoint- ment of incumbents thereunto should take place no later than three years after the promulgation of its de- crees. Bishops were allowed to name permanent rec- tors for the first time without a concursus, though they were required to seek the advice of their con.sultors. Thereafter the appointments of such rectors are null unless a concursus takes place. In a special case the bishop may waive the concursus in favour of an ec- clesiastic whose learning is well known or whose ser- vices to religion are noteworthy, provided the advice of the synodal or pro-synodal examiners is taken. (Cone. Plen. Bait. Ill, ch. vi, nos. 40 sqq.) The method of conducting a concursus in this country is substantially the same as that prescribed by the gen- eral law of the Church. Candidates for admi.ssion to a concursus must have creditably exercised the ministry in a diocese no less than ten years, and, during that time, must have given evidence of ability to direct the temporal and spiritual affairs of a parish. Bishops are obliged to appoint the most worthy of the compet- itors. Examiners shoulrl ajiprove all worthy candi- dates. The right of determining the most worthy of those approved is vested in the Ijishop. Appeals (q. V.) and the method of treating them are subject to the general ecclesiastical law. Finally, where circum- sttinces militate against the feasibility of a concursus as often as a permanent rectorship is to be filled, the Holy See has tolerated or allowed the holding, under the conditions already specified, of general annual extiminations, to determine the standing of candidates in ecclesiastical science, while judgment concerning the other necessary qualifications is given whenever
