Legate

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(Latinlegare, to send).

Legate, in its broad signification, means thatperson who is sent by another for some representative office. In theecclesiastical sense it means one whom thepope sends to sovereigns or governments or only to the members of the episcopate and faithful of a country, as his representative, to treat of church matters or even on a mission ofhonour. Hence the legate differs from the delegate, taking this term in a strictly juridical sense, since the delegate is one to whom thepope entrusts an affair or many affairs to be treated through delegatedjurisdiction and often in questions of litigation, whereas the legate goes with ordinaryjurisdiction over a whole country or nation. The canon law treats of delegates of theHoly See,delegati Sedis Apostolicæ (Decret., lib. I, tit. xxix), and in this sense evenbishops, in certain cases determined by theCouncil of Trent (Sess. V, cap. i, De Ref., etc.), may act as delegates of theHoly See. Nevertheless, as will be seen later, according to the presentdiscipline of the Church, a delegate, inasmuch as he is sent to represent theHoly See in some particular country, really fills the office of a legate. Since thejurisdiction of a legate is ordinary, he does not cease to be legate even at the death of thepope who appointed him, and even if he arrived at his post after the death of thatpope.

Thepope, by virtue of his primacy ofjurisdiction, has theright to send legates to provide for the unity of Faith and forecclesiastical discipline, and to choose them at will. Though self-evident, this authority of thepope has been contested from a very early period.Gregory VII (1073-85) reproved the claims of those who wished to have only Romans as legates and not representatives from other countries. Paschal II (1099-1118), in a letter to Henry I ofEngland, grievously deplores the vexations inflicted on the pontifical. legate, and maintains the right of thepope to send such representatives.John XXII (1316-34) declares unreasonable and contrary to the authority of thepope the refusal to admit a papal legate without the approval of the sovereign. And there are not wanting writers who denied, some wholly, others in part, such a right on the part of thepope, e.g. Marc' Antonio de Dominis, Richer,Febronius, Eybel, and others. Thiserroneous claim was upheld in the eighteenth century by fourarchbishops ofGermany, those ofMainz,Trier,Cologne, and Salzburg, to whomPius VI made the famous reply of 14 November, 1789, in which we read that one of therights of primacy of St. Peter is that "By virtue of his Apostolic prerogative, while providing for the care of all the lambs and the sheep confided to him, theRoman Pontiff discharges his Apostolicduty also by delegatingecclesiastics for a time or permanently as may seem best, to go into distant places where he cannot go and to take his place and exercise suchjurisdiction as he himself, if present, would exercise." Worthy of attention also are the diplomatical note ofCardinal Consalvi to the Spanish Government (9 January, 1802), which treats of the character of theApostolic nuncio, and the letter of Cardinal Jacobii (15 April, 1885) to the same Government. TheVatican Council, in stating thetruedoctrine concerning the primacy of thepope (Sess. IV, cap. iii), condemned implicitly the saiderrors. The Constitution"Apostolicæ Sedis", moreover, contains (no. 5) anexcommunication reservedspeciali modo to thepope against those who harm, expel, or unlawfully detain legates ornuncios.

Historical development and division

Thepopes have made use of this right from the earliest ages of theChurch. The first example was the sending by Sylvester I of legates to theCouncil of Nicæa (325); afterwards those sent to theCouncil of Sardica (345); and those sent by Zosimus I to Africa (418), to settle certainecclesiastical matters. In the fourth century we find the first example of apapal representative sent in an official character, i.e. theapocrisiarius (q.v.), orresponsalis. According toHincmar of Reims, the apocrisiarius dates back to. the time of Constantine, but according toDe Marca (De Ord. Palatii, cap. xiii), the office dates from the Council of Colchis (451). From the letters ofGregory I, himself an apocrisiarius, and from a letter ofLeo I to Julianus of Cos, whom he appointed apocrisiarius, can bededuced the powers of this officer and hisduties, i.e. to look after the observance ofecclesiastical discipline, to resist the spread ofheresy, and to defend therights of thepope. For three centuries such apapal intermediary existed at the Byzantine Court. During theIconoclast troubles of the eighth century this office disappeared, but was temporarily revived in the West when the empire was restored byLeo III (795-816). Finally, however, the necessity and frequency of extraordinary legations, the weakening and later division of the empire among the successors ofCharlemagne, rendered useless and almost impossible the presence of Apostolic legates at theFrankish court.

Legati nati

Almost contemporaneously with the apocrisiarius, thepopes established in the fourth century another class of legates, of a purelyecclesiastical character, known eventually aslegati nati, or perpetual legates. They may be regarded as originating from the "Apostolic vicars" established by Popes Damasus I (366-84) and Siricius (384-99). To provide more expeditiously forecclesiastical discipline and to facilitate the dispatch ofecclesiastical affairs the aforesaidpopes deemed it opportune to attach to certain sees (and first to Thessalonica) the title andduties of Apostolic vicar. The same title andduties were conferred by laterpopes on othersees. Theprelates who successively occupied those sees came to be known as legati nati, inasmuch as by their election to the said sees they becameipso facto Apostolic legates, that office being attached to thesee itself. In the course oftime legati nati became very numerous; inFrance those of Arles (545), Sens (876), Lyons (1097); inSpain those ofTarragona (517), Seville (520), Toledo (1088); inGermany those ofTrier (969), Salzburg (973); inItaly that ofPisa; inEngland that ofCanterbury, etc. In the beginning the faculties of legati nati were very ample, namely, the right of visiting thedioceses of the province, of examining the status of candidates forbishoprics, of consecrating the metropolitan, etc.; eventually, however, these faculties were much lessened, and in the eleventh century the legati nati practically ceased to exist. In our day the sees to which was annexed such privilege have no longer any extraordinaryjurisdiction, though some enjoy an honorary distinction; theArchbishop ofSalzburg, for example, may wear thecardinalatial purple, even inRome.

Legati missi

Theecclesiastical conditions of the tenth and eleventh centuries were responsible for the cessation of the office of legati nati. Ecclesiastical life was then in many ways and places ill-regulated, andecclesiastical discipline very lax; the legati natiproved incapable of remedying these evils, either because some times times their own conduct was not exemplary or because they were negligent in the discharge of theirduties. TheHoly See wasobliged to combat these abuses by choosing and sending into various countriespersons who could be depended upon to secure the desired results (Luxardo, "Das päpstliche Vordekretalen-Gesandschaftsrecht", 1878). Thus came into existence thelegati missi, or special envoys. Later all those whom theHoly See sent on a special mission were called legati missi, even those who were to preside at some solemnceremony, e.g. a royalbaptism or marriage; those appointed to meet an emperor or a sovereign visitingRome, etc. This title was also given to those who were chosen to rule some provinces of thePontifical States, e.g. the legate of Bologna, ofUrbino, etc.

Legati a latere

About the same time another form of legation was established, which became and is the highest, i.e. thelegati a latere. The legate a latere is always acardinal, and this name arises from the fact that acardinal, being a member of the senate of thepope, is considered as an intimate, one attached to the very side of theRoman Pontiff. Other authorities derive this title from the custom of receiving the insignia and the office in the presence, or at the side, of thepope. Such legates are sent on missions of the greatest importance, e.g. the legate a latere sent toFrance byPius VII, in theperson of Cardinal Giovanni Battista Caprara, to execute the famousConcordat of 1801. The last legate a latere was also sent toFrance in 1856, in theperson of Cardinal Patrizi, tobaptize the Prince Imperial. The "Diario di Roma" of that year gives all the particulars of the proclamation of the appointment in a consistory of 27 August, and of the ceremonies which accompanied the departure of the legate. The same Cardinal Patrizi on that occasion was deputed to present theGolden Rose to the Empress Eugénie. The powers of the legate a latere are of the most ample character, both in matters of litigation and favours. He journeys with an imposing suite; immediately after leavingRome the cross is borne before him, and in his presence not evenpatriarchs have the right that their cross should precede them;bishops cannot give episcopalblessings without his consent. According to the present usage, however, acardinal sent on a mission does not always bear the title of legate a latere, as in the case of acardinal sent by thepope to represent him at some religious gathering, like the Eucharistic Congresses of Westminster,Cologne, andMontreal. TheDecretals and theCouncil of Trent clearly defined the powers of legates missi and legates a latere. Since the latter were sent only for very important matters, the custom of sending legati missi became more frequent.

Nuncios

In the thirteenth century legati missi came to be known asnuncios, by which name they are yet called. After theCouncil of Trentnuncios were established permanently in various countries. Besides anecclesiastical mission, they have also a diplomatic character, having been from their origin accredited to courts or governments. Theirjurisdiction is ordinary, but it is customary at present to grant them special faculties, according to the needs of the country to which they are sent; such faculties are conveyed in a specialBrief. They are also given credential letters to be presented to the ruler of the country, and particular instructions in writing. Thenuncios are usually titulararchbishops; occasionally, however,bishops orarchbishops of residential sees are appointed to the office. Somenuncios are of the first and some of the second class, the only difference between them being that, at the end of their mission, those of the first class are usually promoted to thecardinalate.Vienna,Madrid, andLisbon havenuncios of the first class.Paris was also of this class, but, on account of the rupture of diplomatic relations betweenFrance and the Vatican which took place in 1907, it has at present no representative of theHoly See.Bavaria,Belgium, andBrazil havenuncios of the second class. There is no specified period for the duration of the term of anuncio's office; it depends on circumstances and the will of thepope.

Internuncios

According to the present discipline, there are also internuncios, who in the order of pontifical diplomacy follow immediately afternuncios. These also are frequently titulararchbishops, always have a diplomatic character, and are sent to governments of less importance. They are equivalent toministers of the second class, have the same faculties asnuncios, and are furnished with similar credentials and instructions. At present there are internuncios inHolland,Argentina, andChile. InHolland, however, because of the exclusion of theHoly See from the Peace Conference of 1899, the internuncio, Monsignor Tarnassi, was recalled, and now there is only apapal chargé d'affaires. The internuncio ofHolland is also accredited to the Grand Duchy of Luxemburg.

Apostolic delegates and envoys extraordinary

Actually there are alsopapal representatives known as Apostolic delegates and envoys extraordinary. Apostolic delegates, strictly speaking, are alwaysecclesiastical in character, and are usually sent by theCongregation of Propaganda to missionary countries. However, the pontifical secretariate of state is accustomed to send Apostolic delegates purelyecclesiastical in character to countries which have not diplomatic relations with theHoly See; at the same time when sending an Apostolic delegate to a country which has diplomatic relations with theHoly See there is added the title of envoy extraordinary, by which title he is accredited to the Government. Such are the Apostolic delegates and envoys extraordinary to South America, e.g. toColombia,Peru,Bolivia,Ecuador,Costa Rica, etc. Other Apostolic delegates, purelyecclesiastical in character, are those sent to theUnited States of America,Canada, Mexico,Philippines,Cuba, and Porto Rico. The Apostolic delegation to theUnited States deserves special mention. First, on account of its importance it is practically equivalent to a nunciature of the first class, as may be inferred from theEncyclical of 6 January, 1895, addressed byLeo XIII to thearchbishops andbishops of theUnited States, which declares:

When the Council ofBaltimore had concluded its labours, theduty still remained of putting, so to speak, a proper and becoming crown upon the work. This we perceived could scarcely be done in a more fitting manner than through the due establishment by theApostolic See of an American legation. Accordingly, as you are well aware, we have done this. By this action, as we have elsewhere intimated, we wished, first of all, to certify that in our judgment and affection America occupied the same place andrights as other states, however powerful and imperial.

Moreover, from the beginning all the incumbents of this office have been elevated to thecardinalate. Second, the Apostolic delegation to theUnited States has the power to decide appeals by definitive sentence; in other words it is a tribunal of third instance, and from its decision there is regularly no appeal to theHoly See. This power, although granted from the beginning, has been recently confirmed by a declaration of the Consistorial Congregation to an inquiry of the Apostolic delegate at Washington, as to whether the originalpapal grant of authority was to be continued, in view of the transfer of theUnited States from thejurisdiction ofPropaganda to thecommon law of theChurch (Sapienti Consilio, 4 November, 1908). The said reply, given 8 May, 1909, establishes once for all that the parties are free to appeal from a sentence of adiocesan ormetropolitan curia directly toRome or to the delegation, but, an appeal once made to the delegation, the sentence pronounced by the delegate is to be considered definitive.

The Delegation of theUnited States was established byLeo XIII, 24 January, 1893. The first delegate wasMonsignor Francesco Satolli, who in 1892 had been selected to represent theHoly See in theUnited States at the World's Fair inChicago, aspapal commissioner. He was born at Marsciano,Archdiocese of Perugia,Italy, in 1839; d. atRome, 8 Jan., 1910. Acknowledged as one of the leadingtheologians of the day, he was appointed byLeo XIII a professor in the most famoustheologicalschools ofRome, thePropaganda college and Romanseminary. He was later made president of the Academy of Noble Ecclesiastics inRome (1886), and titularArchbishop ofLepanto (1888); promoted to thecardinalate 29 November, 1896, he received thebiretta in February, 1896, at thecathedral ofBaltimore, from Cardinal Gibbons.Cardinal Satolli was succeeded 27 Aug., 1896, by Monsignor Sebastian Martinelli, an Augustinian. Born in August, 1848, he entered the Augustinian Order in 1863 and wasordainedpriest in 1874. He occupied many prominent positions in his order, and was elected prior general for the second term in 1895. While in Nice he was appointed Apostolic Delegate to theUnited States and createdArchbishop of Ephesus in August, 1996. He was madecardinal 15 April, 1901, and received thebiretta 9 May of that year, in thecathedral ofBaltimore, from Cardinal Gibbons. The present Apostolic delegate (1909), Monsignor Diomede Falconio, aFranciscan, succeeded Cardinal Martinelli 30 September, 1902, and took possession on 21 November, 1902. he was born 20 September, 1842, at Pescocostanzo in the Abruzzi,Italy, and entered theFranciscan Order 2 September, 1860. On the completion of his studies he was sent as missionary to theUnited States to the mother-house of theFranciscans at Alleghany, New York, and wasordainedpriest by Bishop Timon ofBuffalo, 4 January, 1S66. After filling several important positions, he was sent, November, 1871, toNewfoundland, asrector of thecathedral, and secretary and chancellor to thebishop. He left Harbor Grace in 1882, and in 1883 returned toItaly. In 1889 he was chosen procurator-general of his order, and in July, 1892, waspreconizedtitularBishop ofLacedonia. A few years later, he was promoted to thearchiepiscopal See of Acerenza and Matera in SouthernItaly. Monsignor Falconio was appointed first permanent Apostolic Delegate toCanada, 3 August, 1899, and on 30 September, 1902 was nominated Apostolic Delegate to theUnited States.

TheHoly See is also accustomed, according to circumstances, to send so-called Apostolic vicars, who may be eitherbishops orprelates or simply members ofreligious communities. Such representatives have always anecclesiastical mission only, and are sent to examine the status of adiocese orseminaries, or some religious body.

To nunciatures and Apostolic delegations is attached a staff composed of an auditor and a secretary. They are nominated by theHoly See, and are either of the first or second class. Sometimes theHoly See sends also to nunciatures a counsellor and an attaché. In the absence ofnuncio or delegate the auditor takes his place with the title of chargé d'affaires.

Among the envoys of theHoly See should be mentioned also the Apostolic ablegate and the bearer of theGolden Rose. The Apostolic ablegate is generally a Romanprelate or private chamberlain, sent to bear thecardinal'sbiretta to a newcardinal who is absent from the residence of thepope. He is accompanied by a member of the Noble Guard, who carries thezucchetto, and by a private secretary. Theceremony of conferring thebiretta is performed either by the head of the State, if in diplomatic relation with theHoly See, or by the highest ecclesiastical dignitary in the country. The bearer of theGolden Rose is appointed to carry theGolden Rose (blessed by thepope on Lætare Sunday of each year) to sovereigns or to distinguishedindividuals or to some famous church. In 1895 this office was established permanently.

Right of precedence of the representatives of the Holy See

The question of precedence among the various diplomatic representatives to foreign countries was treated at the Congress ofVienna in 1815, and it was decided that it always appertains to the representatives of theHoly See. Hencenuncios are by right and in fact deans of the diplomatic body. Some objections were afterwards made, especially byEngland and Sweden, as to the precedence of Apostolic delegates and internuncios, these not being mentioned in the Congress ofVienna; however, it ended in their practical recognition as included in the decision of said congress.

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