The administrator of a vacant diocese, elected by acathedral chapter. On the death of abishop, the canons of acathedral chapter (where such exists) inherit the episcopaljurisdiction as a body corporate. Within eight days of the vacancy of thesee, however, they must meet and constitute a vicar capitular (Conc. Trid., Sess. XXIV, c. xvi, de ref.). If they neglect thisduty, the right passes to themetropolitan, or, in case themetropolitansee is in question, to the senior suffraganbishop, or, when thediocese is exempt, to the nearestbishop. In constituting a vicar capitular, a strict form of election need not be followed; but if suffrages are cast, they should be secret, and no one may vote for himself. The vicar chosen should be a doctor of licentiate in canon law if possible, and though a canon is commonly to be chosen yet this is not required for validity.
On his election the vicar succeeds to all the ordinary episcopaljurisdiction that the chapter had inherited, nor can the chapter reserve any part of thejurisdiction to itself, nor constitute only a temporary vicar, nor remove him. Faculties which are committed tobishops by theHoly See for a term of years, pass also to the vicar capitular (S. Off., 22 Apr., 1898), in which are included the powers usually granted for dealing with a certain number of cases (S. Off., 3 May, 1899). Canonists usually hold that perpetual delegations to ordinaries, sanctioned by theCouncil of Trent, pass likewise to the vicar capitular. Faculties, however, which had been granted to thebishop personally are not extended to the vicar. There are, nevertheless, some limitations on the power of a vicar capitular, even as regards ordinary episcopaljurisdiction. Thus, he may not convoke a synod or visit the diocese unless a year has elapsed since these offices were performed. He may not grantindulgences. He should not undertake any new work or engagements that might prejudice the action of the in-comingbishop. Hence, during the first year of vacancy, he can promote tosacred orders only those who areobliged to receive that dignity through possession of abenefice. The vicar cannot grant thebenefices of free collation, nor may he suppress them and unite them to thecathedral chapter. He may not alienate the goods of thecathedral church or of the episcopal mensa. He can, however, grant permission for the alienation of the goods of inferior churches. He can neither begin nor pursue a judicial process concerning the goods orrights of thecathedral church. The vicar cannot give permission for the erection of a newmonastery or a new confraternity (S.C. Ind., 23 Nov., 1878). Canonists usually declare that a vicar capitula can receive externclerics into hisdiocese, but deny that he can excardinate the homeclergy. If the vicar is in episcopal orders, he can perform all that belongs to the ministry ofconsecration; otherwise he may invite abishop from another diocese to exercise such functions. If the vicar die or resign, the chapter must elect another within eight days, but the newly-elect must not be one who has already received thenomination to the vacant see. In case the removal of the vicar capitular becomesnecessary, this may be done only by theHoly See. The office of a vicar capitular ceases when thebishop who has been promoted to the diocese presents his letters of appointment to hiscathedral chapter. The newbishop has the right of demanding an account from the chapter and vicar capitular of all their acts of administration, and of punishing any dereliction ofduty.
LAURENTIUS, Institutiones juris ecclesiastici (Fribourg, 1903); TAUNTON, The Law of the Church (London, 1906), s.v.; WERNZ, Jus decretalium, II (Rome, 1899); FERRARIS, Bibliotheca canonica, VII (Rome, 1891), s.v.
APA citation.Fanning, W.(1912).Vicar Capitular. InThe Catholic Encyclopedia.New York: Robert Appleton Company.http://www.newadvent.org/cathen/15401c.htm
MLA citation.Fanning, William."Vicar Capitular."The Catholic Encyclopedia.Vol. 15.New York: Robert Appleton Company,1912.<http://www.newadvent.org/cathen/15401c.htm>.
Transcription.This article was transcribed for New Advent by Thomas M. Barrett.Dedicated to Most Rev. Kenneth Steiner, Auxilary Bishop of the Archdiocese of Portland in Oregon.
Ecclesiastical approbation.Nihil Obstat. October 1, 1912. Remy Lafort, S.T.D., Censor.Imprimatur. +John Cardinal Farley, Archbishop of New York.
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