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<!DOCTYPE html> <html lang="en"> <head> <title>CATHOLIC ENCYCLOPEDIA: Bishop</title><script src="https://dtyry4ejybx0.cloudfront.net/js/cmp/cleanmediacmp.js?ver=0104" async="true"></script><script defer data-domain="newadvent.org" src="https://plausible.io/js/script.js"></script><link rel="canonical" href="https://www.newadvent.org/cathen/02581b.htm"> <meta name="viewport" content="width=device-width, initial-scale=1"> <meta name="description" content="The title of an ecclesiastical dignitary who possesses the fullness of the priesthood to rule a diocese as its chief pastor, in due submission to the primacy of the pope"> <meta http-equiv="Content-Type" content="text/html; charset=utf-8"><link rel="alternate" type="application/rss+xml" title="RSS" href="http://feeds.newadvent.org/bestoftheweb?format=xml"><link rel="icon" href="../images/icon1.ico" type="image/x-icon"><link rel="shortcut icon" href="../images/icon1.ico" type="image/x-icon"><meta name="robots" content="noodp"><link type="text/css" rel="stylesheet" href="../utility/screen6.css" media="screen"></head> <body class="cathen" id="02581b.htm">  <br/> <div id="capitalcity"><table summary="Logo" cellpadding=0 cellspacing=0 width="100%"><tr valign="bottom"><td align="left"><a href="../"><img height=36 width=153 border="0" alt="New Advent" src="../images/logo.gif"></a></td><td align="right"> <form id="searchbox_000299817191393086628:ifmbhlr-8x0" action="../utility/search.htm">  <input type="hidden" name="safe" value="active"> <input type="hidden" name="cx" value="000299817191393086628:ifmbhlr-8x0"/> <input type="hidden" name="cof" value="FORID:9"/>  <label for="searchQuery" id="searchQueryLabel">Search:</label> <input id="searchQuery" name="q" type="text" size="25" aria-labelledby="searchQueryLabel"/>  <label for="submitButton" id="submitButtonLabel" class="visually-hidden">Submit Search</label> <input id="submitButton" type="submit" name="sa" value="Search" aria-labelledby="submitButtonLabel"/> </form> <table summary="Spacer" cellpadding=0 cellspacing=0><tr><td height="2"></td></tr></table> <table summary="Tabs" cellpadding=0 cellspacing=0><tr> <td bgcolor="#ffffff"></td> <td class="tab"><a class="tab_color_on_beige" href="../"> Home </a></td> <td class="tab"><a class="tab_white_on_color" href="../cathen/index.html"> Encyclopedia </a></td> <td class="tab"><a class="tab_color_on_beige" href="../summa/index.html"> Summa </a></td> <td class="tab"><a class="tab_color_on_beige" href="../fathers/index.html"> Fathers </a></td> <td class="tab"><a class="tab_color_on_beige" href="../bible/gen001.htm"> Bible </a></td> <td class="tab"><a class="tab_color_on_beige" href="../library/index.html"> Library </a></td> </tr></table> </td> </tr></table><table summary="Alphabetical index" width="100%" cellpadding=0 cellspacing=0><tr><td class="bar_white_on_color"> <a href="../cathen/a.htm"> A </a><a href="../cathen/b.htm"> B </a><a href="../cathen/c.htm"> C </a><a href="../cathen/d.htm"> D </a><a href="../cathen/e.htm"> E </a><a href="../cathen/f.htm"> F </a><a href="../cathen/g.htm"> G </a><a href="../cathen/h.htm"> H </a><a href="../cathen/i.htm"> I </a><a href="../cathen/j.htm"> J </a><a href="../cathen/k.htm"> K </a><a href="../cathen/l.htm"> L </a><a href="../cathen/m.htm"> M </a><a href="../cathen/n.htm"> N </a><a href="../cathen/o.htm"> O </a><a href="../cathen/p.htm"> P </a><a href="../cathen/q.htm"> Q </a><a href="../cathen/r.htm"> R </a><a href="../cathen/s.htm"> S </a><a href="../cathen/t.htm"> T </a><a href="../cathen/u.htm"> U </a><a href="../cathen/v.htm"> V </a><a href="../cathen/w.htm"> W </a><a href="../cathen/x.htm"> X </a><a href="../cathen/y.htm"> Y </a><a href="../cathen/z.htm"> Z </a> </td></tr></table></div> <div id="mobilecity" style="text-align: center; "><a href="../"><img height=24 width=102 border="0" alt="New Advent" src="../images/logo.gif"></a></div>  <div id="mi5"><span class="breadcrumbs"><a href="../">Home</a> > <a href="../cathen">Catholic Encyclopedia</a> > <a href="../cathen/b.htm">B</a> > Bishop</span></div> <div id="springfield2"> <div class='catholicadnet-728x90' id='cathen-728x90-top' style='display: flex; height: 100px; align-items: center; justify-content: center; '></div> <h1>Bishop</h1> <p><em><a href="https://gumroad.com/l/na2"><strong>Please help support the mission of New Advent</strong> and get the full contents of this website as an instant download. Includes the Catholic Encyclopedia, Church Fathers, Summa, Bible and more  all for only $19.99...</a></em></p> <h2>Etymology</h2> <p>(Anglo-Saxon <em>Biscop, Busceop</em>, German <em>Bischof</em>; from the Greek <em>episkopos</em>, an overseer, through Latin <em>episcopus</em>; <a href="../cathen/08245a.htm">Italian</a> <em>vescovo</em>; Old French <em>vesque</em>; French <em>évêque</em>).</p> <h2>Overview</h2> <p><em>Bishop</em> is the title of an <a href="../cathen/04794a.htm">ecclesiastical dignitary</a> who possesses the fullness of the <a href="../cathen/12409a.htm">priesthood</a> to rule a <a href="../cathen/05001a.htm">diocese</a> as its chief <a href="../cathen/11537b.htm">pastor</a>, in due submission to the <a href="../cathen/12423a.htm">primacy</a> of the <a href="../cathen/12260a.htm">pope</a>.</p> <p>It is of <a href="../cathen/03449a.htm">Catholic</a> <a href="../cathen/05752c.htm">faith</a> that bishops are of Divine institution. In the <a href="../cathen/07322c.htm">hierarchy</a> of order they possess powers superior to those of <a href="../cathen/12406a.htm">priests</a> and <a href="../cathen/04647c.htm">deacons</a>; in the <a href="../cathen/07322c.htm">hierarchy</a> of <a href="../cathen/08567a.htm">jurisdiction</a>, by <a href="../cathen/08374c.htm">Christ's</a> will, they are appointed for the government of one portion of the faithful of the <a href="../cathen/03744a.htm">Church</a>, under the direction and authority of the <a href="../cathen/12260a.htm">sovereign pontiff</a>, who can determine and restrain their powers, but, not annihilate them. They are the successors of the Apostles, though they do not possess all the prerogatives of the latter. (Council of Trent, Sess. XXIII, ch. iv; can. vi, vii. See <a href="../cathen/04112a.htm">APOSTOLIC COLLEGE</a>.) The episcopate is monarchical. By the Will of <a href="../cathen/08374c.htm">Christ</a>, the supreme authority in a <a href="../cathen/05001a.htm">diocese</a> does not belong to a <a href="../cathen/04107b.htm">college</a> of <a href="../cathen/12406a.htm">priests</a> or of bishops, but it resides in the single <a href="../cathen/11727b.htm">personality</a> of the chief.</p><div class="CMtag_300x250" style="display: flex; height: 300px; align-items: center; justify-content: center; "></div> <p>The subject will be treated under five heads:</p> <div class="bulletlist"><ul><li>Historical origin</li><li>Present legislation</li><li>Rights and powers of the bishop</li><li>Obligations of the bishop</li><li>Non-Catholic use </li></ul></div> <h2 id="section1">Historical origin</h2> <p>The historical origin of the episcopate is much controverted: very diverse hypotheses have been proposed to explain the texts of the inspired writings and of the <a href="../cathen/01637a.htm">Apostolic Fathers</a> relating to the primitive <a href="../cathen/07322c.htm">ecclesiastical hierarchy</a>. They are most easily found in the work of von Dunin-Borkowski, on the latest researches concerning the origin of the episcopate (Die Neuren Forschungen uber die Anfange des Episkopats, Frieburg, 1900). The Apostolic and consequently the Divine origin of the monarchical episcopate has always been contested but especially so since <a href="../cathen/12495a.htm">Protestantism</a> put forward the <a href="../cathen/05075b.htm">doctrine</a> of a universal <a href="../cathen/03712a.htm">Christian</a> <a href="../cathen/12409a.htm">priesthood</a>. At the present day, <a href="../cathen/12652a.htm">rationalistic</a> and <a href="../cathen/12495a.htm">Protestant</a> writers, even those who belong to the <a href="../cathen/01498a.htm">Anglican Church</a>, reject the Apostolic institution of the episcopate; many of them relegate its origin to the second century. Loning attempts to prove that originally there were several different organizations, that some <a href="../cathen/03712a.htm">Christian</a> communities were administered by a body of <a href="../cathen/12406a.htm">presbyters</a>, others by a <a href="../cathen/04107b.htm">college</a> of bishops, others again by a single bishop. It is the last named form of organization, he declares, which has prevailed (Gemeindeverfassung des Urchristentums. Halle, 1889). Holtzmann thinks that the primitive organization of the churches was that of the Jewish <a href="../cathen/14379b.htm">synagogue</a>; that a <a href="../cathen/04107b.htm">college</a> of <a href="../cathen/12406a.htm">presbyters</a> or bishops (synonymous words) governed the Judaeo Christian communities; that later this organization was adopted by the <a href="../cathen/06422a.htm">Gentile</a> churches. In the second century one of these presbyter-bishops became the ruling bishop. The cause of this lay in the need of unity, which manifested itself when in the second century <a href="../cathen/07256b.htm">heresies</a> began to appear. (Pastoralbriefe, Leipzig, 1880.) Hatch, on the contrary, finds the origin of the episcopate in the organization of certain Greek religious associations, in which one meets with <em>episkopoi</em> (superintendents) charged with the financial administration. The primitive <a href="../cathen/03712a.htm">Christian</a> communities were administered by a <a href="../cathen/04107b.htm">college</a> of <a href="../cathen/12406a.htm">presbyters</a>; those of the <a href="../cathen/12406a.htm">presbyters</a> administered the finances were called bishops. In the large towns, the whole financial administration was centralized in the hands of one such officer, who soon became the ruling bishop (The Organization of the Early Christian Churches, Oxford, 1881). According to Harnack (whose theory has varied several times), it was those who had received the special gifts known as the <em>charismata</em>, above all the gift of public speech, who possessed all authority in the primitive community. In addition to these we find bishops and <a href="../cathen/04647c.htm">deacons</a> who possess neither authority nor disciplinary power, who were charged solely with certain functions relative to administration and Divine worship. The members of the community itself were divided into two classes: the elders (<em>presbyteroi</em>) and the youths (<em>neoteroi</em>). A college of <a href="../cathen/12406a.htm">presbyters</a> was established at an early <a href="../cathen/04636c.htm">date</a> at <a href="../cathen/08344a.htm">Jerusalem</a> and in Palestine, but elsewhere not before the second century; its members were chosen from among the <em>presbyteroi</em>, and in its hands lay all authority and disciplinary power. Once established, it was from this college of <a href="../cathen/12406a.htm">presbyters</a> that <a href="../cathen/04647c.htm">deacons</a> and bishops were chosen. When those officials who had been endowed with the charismatic gifts had passed away, the community delegated several bishops to replace them. At a later date the <a href="../cathen/03712a.htm">Christians</a> realized the advantages to be derived from entrusting the supreme direction to a single bishop. However, as late as the year 140, the organization of the various communities was still widely divergent. The monarchic episcopate offers its origin to the need of <a href="../cathen/05075b.htm">doctrinal</a> unity, which made itself felt at the time of the crisis caused by the <a href="../cathen/06592a.htm">Gnostic heresies</a>.</p> <p>J.B. Lightfoot, who may be regarded as an authoritative representative of the <a href="../cathen/01498a.htm">Anglican Church</a>, holds a less radical system. The Primitive Church, he says, had no organization, but was very soon conscious of the necessity of organizing. At first the apostles appointed <a href="../cathen/04647c.htm">deacons</a>; later, in imitation of the organization of the <a href="../cathen/14379b.htm">synagogue</a>, they appointed <a href="../cathen/12406a.htm">presbyters</a>, sometimes called bishops in the <a href="../cathen/06422a.htm">Gentile</a> churches. The <a href="../cathen/05215a.htm">duties</a> of the <a href="../cathen/12406a.htm">presbyters</a> were twofold: they were both rulers and instructors of the congregation. In the <a href="../cathen/01626c.htm">Apostolic</a> age, however, traces of the highest order, the episcopate properly so called, are few and indistinct. The episcopate was not formed from the Apostolic order through the localization of the universal authority of the Apostles, but from the presbyteral (by elevation). The title of bishop originally common to all came at length to be appropriated to the chief among them. Within the period compassed by the Apostolic writings, James, the brother of the Lord, can alone claim to be regarded as a bishop in the later and more special sense of the term. On the other hand, through especially prominent in the <a href="../cathen/03744a.htm">Church</a> of <a href="../cathen/08344a.htm">Jerusalem</a>, he appears in the Acts as a member of the body. As late as the year 70; no distinct signs of episcopal government yet appeared in <a href="../cathen/06422a.htm">Gentile</a> <a href="../cathen/03699b.htm">Christendom</a>. During the last three decades of the first century, however, during the lifetime of the latest surviving Apostle, St. John, the episcopal office was established in <a href="../cathen/01782a.htm">Asia Minor</a>. St. John was cognizant of the position of St. James at <a href="../cathen/08344a.htm">Jerusalem</a>. When therefore, he found in <a href="../cathen/01782a.htm">Asia Minor</a> manifold irregularities and threatening symptoms of disruption, he not unnaturally encouraged in these <a href="../cathen/06422a.htm">Gentile</a> churches an approach to the organization, which had been signally blessed and had <a href="../cathen/12454c.htm">proved</a> effectual in holding together the mother-church of <a href="../cathen/08344a.htm">Jerusalem</a> amid dangers no less serious. The existence of a council or college necessarily supposes a presidency of some kind, whether this presidency be assumed by each member in turn, or lodged in the hands of a single <a href="../cathen/11726a.htm">person</a>. It was only <a href="../cathen/10733a.htm">necessary</a>, therefore, to give permanence, definiteness, stability to an office the germ of which already existed. There is no reason, however, for supposing that any direct ordinance was issued to the churches by St. John. The evident utility and even pressing need of such an office, sanctioned by the most <a href="../cathen/05188b.htm">venerated</a> name in <a href="../cathen/03699b.htm">Christendom</a>, would be sufficient to secure its wide though gradual reception. The earliest bishops, however, did not hold the position of independent supremacy which was and is occupied by their later representatives. This development is most conveniently grasped in connection with three great names: Ignatius, <a href="../cathen/08130b.htm">Irenaeus</a>, and <a href="../cathen/04583b.htm">Cyprian</a>, who represent as many successive advances towards the supremacy ultimately attained. By Ignatius the bishop is regarded as the centre of unity; to <a href="../cathen/08130b.htm">Irenaeus</a> he is the depositary of primitive <a href="../cathen/15073a.htm">truth</a>; to <a href="../cathen/04583b.htm">Cyprian</a>, he is the absolute vicegerent of Christ in things spiritual (Lightfoot, The Christian Ministry, 181-269, in his commentary on <a href="../cathen/11567b.htm">St. Paul's</a> Epistle to the Philippians, London, 1896).</p> <div class="CMtag_300x250" style="display: flex; height: 300px; align-items: center; justify-content: center; "></div> <p><a href="../cathen/03449a.htm">Catholic</a> writers agree in recognizing the Apostolic origin of the episcopate, but are much divided as to the meaning of the terms which designate the <a href="../cathen/07322c.htm">hierarchy</a> in the <a href="../cathen/14530a.htm">New Testament</a> writings and the <a href="../cathen/01637a.htm">Apostolic Fathers</a>. One may even ask if originally these terms had a clearly defined significance (Bruders, Die Verfassung der Kirche bis zum Jahre 175, Mainz, 1904). Nor is there greater unanimity when an attempt is made to explain why some churches are found without <a href="../cathen/12406a.htm">presbyters</a>, others without bishops, others again where the heads of the community are called sometimes bishops, sometimes <a href="../cathen/12406a.htm">presbyters</a>. This disagreement increases when the question comes up as to the interpretation of the terms which designate other personages exercising a certain fixed authority in the early <a href="../cathen/03712a.htm">Christian</a> communities. The following facts may be regarded as fully established:</p> <div class="bulletlist"><ul><li>To some extent, in this early period, the words bishop and <a href="../cathen/12406a.htm">priest</a> <em>episkopos</em> and <em>presbyteros</em>) are synonymous (See the article: <a href="../cathen/04112a.htm">APOSTOLIC COLLEGE</a>.)</li><li>These terms may designate either simple <a href="../cathen/12406a.htm">priests</a> (A. Michiels, Les origines de l'épiscopat. <a href="../cathen/09391a.htm">Louvain</a>, 1900, 218 sqq.) or bishops possessing the full powers of their order. (Batiffol. Etudes d'histoire et de théologie positive, Paris, 1902, 266 sqq.: Duchesne, Histoire ancienne de l'église. <a href="../cathen/11480c.htm">Paris</a>. 1906, 94.)</li><li>In each Community the authority may originally have belonged to college or presbyter-bishops. This does not mean that the episcopate, in the actual sense of the term, may have been plural, because in each church the college or presbyter-bishops did not exercise an independent supreme power; it was subject to the Apostles or to their delegates. The latter were bishops in the actual sense of the term, but they did not possess fixed sees nor had they a special title (Batiffol, 270) Since they were essentially itinerant, they confided to the care of some of the better <a href="../cathen/05295b.htm">educated</a> and highly respected <a href="../cathen/10742a.htm">neophytes</a> the fixed <a href="../cathen/10733a.htm">necessary</a> functions relating to the daily life of the community.</li><li>Sooner or later the missionaries had to leave the young communities to themselves, whereupon their direction direction fell entirely upon local authorities who thus received the <a href="../cathen/01641a.htm">Apostolic succession</a>.</li><li>This local superior authority, which was of Apostolic origin, was conferred by the <a href="../cathen/01626c.htm">Apostles</a> upon a monarchic bishop, such as is understood by the term today. This is <a href="../cathen/12454c.htm">proved</a> first by the example of <a href="../cathen/08344a.htm">Jerusalem</a>, where James, who was not one of the <a href="../cathen/01626c.htm">Twelve Apostles</a>, held the first place, and afterwards by those communities in <a href="../cathen/01782a.htm">Asia Minor</a> of which Ignatius speaks, and where, at the beginning of the second century the monarchical episcopate existed, for Ignatius does not write as though the institution were a new one.</li><li>In other communities, it is <a href="../cathen/15073a.htm">true</a>, no mention is made of a monarchic episcopate until the middle of the second century. We do not wish to reject the opinion of those who believe that there are in several documents of the second century traces of the monarchic episcopate, that is to say, of an authority superior to that of the <a href="../cathen/04107b.htm">college</a> of the presbyter-bishops. The reasons which some writers allege, in order to explain why, for example, in the Epistle of Polycarp no mention is made of a bishop, are very plausible. The best evidence, however, for the existence at this early <a href="../cathen/04636c.htm">date</a> of a monarchical episcopate is the fact that nowhere in the latter half of the second century is the least trace to be found of a change of organization. Such a change would have robbed the supposed college of presbyter-bishops of their sovereign authority, and it is almost impossible to comprehend how this body would have allowed itself to be everywhere despoiled of its supreme authority, without leaving in the contemporary documents the least trace of a protest against so important a change. If the monarchical episcopate began only in the middle of the second century it impossible to comprehend how at the end of second century the episcopal lists of several important <a href="../cathen/05001a.htm">bishoprics</a> giving the succession of bishops as far back as the first century were generally known and admitted. Such, for instance, was the case at <a href="../cathen/13164a.htm">Rome</a>.</li><li>This theory, it must be carefully noted, does not contradict the historical texts. According to these documents, there was a <a href="../cathen/04107b.htm">college</a> of <a href="../cathen/12406a.htm">presbyters</a> or of bishops which administered several churches, but which had a president who was no other than the monarchic bishop. Although power of the latter had existed from the beginning it became gradually more conspicuous. The part played by the <em>presbyterium</em>, or body of <a href="../cathen/12406a.htm">priests</a>, was a very important one in the earlier days of the <a href="../cathen/03744a.htm">Christian Church</a>; nevertheless it did not exclude the existence of a monarchic episcopate (Duchesne, 89-95).</li></ul></div> <p>During the first three centuries, the entire <a href="../cathen/12738a.htm">religious</a> life of the <a href="../cathen/05001a.htm">diocese</a> centered around the <a href="../cathen/11726a.htm">person</a> of the bishop. The <a href="../cathen/12406a.htm">priests</a> and <a href="../cathen/04647c.htm">deacons</a> were his auxiliaries but they worked under the immediate direction of the bishop. In large cities, however, like <a href="../cathen/13164a.htm">Rome</a>, it was soon found <a href="../cathen/10733a.htm">necessary</a> to hand over permanently to the <a href="../cathen/12406a.htm">priests</a> and <a href="../cathen/04647c.htm">deacons</a> certain definite functions. Moreover, as a result of the spread of <a href="../cathen/03712a.htm">Christianity</a> outside the great centres of population, the bishop gradually left to other <a href="../cathen/04049b.htm">ecclesiastics</a> the administration of a fixed portion of the <a href="../cathen/05001a.htm">diocesan</a> territory. In the East, at first <a href="../cathen/05001a.htm">bishoprics</a> were created in all districts where there was a considerable number of <a href="../cathen/03712a.htm">Christians</a>. But this system presented great inconveniences. To distant or rural localities, therefore, the <a href="../cathen/03744a.htm">Church</a> sent bishops, who were only the delegates of the bishop of the city, and who did not possess the right of exercising the most important powers of a bishop. Such bishops were known as <em>Chorepiscopi</em> or rural bishops. Later on, they were replaced by <a href="../cathen/12406a.htm">priests</a> (Gillman, Das Institut der Chorbischöfe im Orient, Munich, 1003). The establishment of <a href="../cathen/11499b.htm">parishes</a> from the fourth and the fifth century on gradually freed the bishops from many of their original charges; they reserved to themselves only the most important affairs, i.e. those which concerned the whole diocese and those which belonged to the <a href="../cathen/03438a.htm">cathedral church</a>. However, above all other affairs, the bishops retained the right of supervision and supreme direction. While this change was taking place, the Roman Empire, now <a href="../cathen/03712a.htm">Christian</a>, granted bishops other powers. They were exclusively empowered to take cognizance of the misdemeanors of <a href="../cathen/04049b.htm">clerics</a>, and every lawsuit entered into against the latter had to be brought before the bishop's court. The <a href="../cathen/04295c.htm">Emperor Constantine</a> often permitted all <a href="../cathen/03712a.htm">Christians</a> to carry their lawsuits before the bishop, but this right was withdrawn at the end of the fourth century. Nevertheless, they continued to act as arbitrators, which office the earliest <a href="../cathen/03712a.htm">Christians</a> had committed to them. More important, perhaps, is the part which the <a href="../cathen/09079a.htm">Roman law</a> assigns to the bishops as protectors of the weak and oppressed. The master was permitted to legally emancipate his slave in the bishop's presence; the latter had also the power to remove young girls from immoral houses where their <a href="../cathen/11478c.htm">parents</a> or masters had placed them, and to restore them to liberty. Newly born infants abandoned by their <a href="../cathen/11478c.htm">parents</a> were legally adjudged to those who sheltered them, but to avoid abuses it was required that the bishop should certify that the child was a foundling. The <a href="../cathen/09079a.htm">Roman law</a> allowed the bishops the <a href="../cathen/13055c.htm">right</a> to visit <a href="../cathen/12430a.htm">prisons</a> at their discretion for the purpose of improving the condition of <a href="../cathen/12430a.htm">prisoners</a> and of ascertaining whether the rules in favour of the latter were observed. The bishops possessed great influence over the <a href="../cathen/03712a.htm">Christian</a> emperors, and though in the <a href="../cathen/05230a.htm">Eastern Church</a> these intimate relations between <a href="../cathen/14250c.htm">Church and State</a> led to Casaropapism, the bishops of the West preserved in a great measure their independence of the Empire (Löning, Geschichte des deutschen Kirchenrechts, <a href="../cathen/14313c.htm">Strasburg</a>, 1878, I, 314-331; Troplong, De l'influence du christianisme sur le droit civil des Romains, Paris, 1842, new ed., 1902).</p> <p>The authority of the bishop was even greater after the barbarian invasions; among the Germanic peoples he soon became an influential and powerful personage. He inspired confidence and commanded respect. He was beloved for he protected the young and the weak, he was the friend of the <a href="../cathen/12327a.htm">poor</a>, was accustomed to intercede on behalf of the victims of <a href="../cathen/08010c.htm">injustice</a>, and especially on behalf of <a href="../cathen/11322b.htm">orphans</a> and <a href="../cathen/15687b.htm">women</a>. Through his influence, in many spheres, he became the real master of the episcopal city. The only functionaries whose authority was comparable with that of the bishop were the dukes and the counts, representatives of the king. In certain districts the preeminence showed itself clearly in favour of the bishop; in some cities the bishop became also count. In <a href="../cathen/06166a.htm">France</a>, as a general rule, this state of affairs did not continue, but in <a href="../cathen/06484b.htm">Germany</a> many bishops became temporal lords or princes. Finally, the bishop acquired an extensive <a href="../cathen/02137c.htm">civil jurisdiction</a> not only over his <a href="../cathen/04049b.htm">clergy</a> but also over the <a href="../cathen/08748a.htm">laity</a> of his <a href="../cathen/05001a.htm">diocese</a> (Viollet, Histoire des institutions politiques de la <a href="../cathen/06166a.htm">France</a>, Paris, 1890, I. 380-409). Such an exalted position was not without its difficulties. One of the gravest was the interference of the lay authority in the election of bishops. Until the sixth century the <a href="../cathen/04049b.htm">clergy</a> and the people elected the bishop on condition that the election should be approved by the neighbouring bishops. Undoubtedly, the <a href="../cathen/03712a.htm">Christian</a> Roman emperors sometimes intervened in these election, but outside the imperial cities only, and generally in the case of disagreement as to the proper <a href="../cathen/11726a.htm">person</a>.</p> <div class="CMtag_300x250" style="display: flex; height: 300px; align-items: center; justify-content: center; "></div> <p>As a rule they contented themselves with exercising an influence on the electors. But from the beginning of the sixth century, this attitude was modified. In the East the <a href="../cathen/04049b.htm">clergy</a> and the <em><a href="../cathen/12423b.htm">primates</a></em>, or chief citizens, nominated three candidates from whom the <a href="../cathen/10244c.htm">metropolitan</a> chose the bishop. At a later date, the bishops of the <a href="../cathen/12514a.htm">ecclesiastical province</a> assumed the exclusive right of nominating the candidates. In the West, the kings intervened in these elections, notably in <a href="../cathen/14169b.htm">Spain</a> and Gaul, and sometimes assumed the right of direct <a href="../cathen/11093a.htm">nomination</a> (Funk, "Die Bischofswahl im christlichen Altertum und im Anfang des Mittelalters" in "Kirchengeschichtliche Abhandlungen und Untersuchungen", Paderborn: 1897, I, 23-39; Imbart. de la Tour. "Les élections épiscopales dans l'ancienne France", Paris, 1890). This interference of princes and emperors lasted until the quarrel about Investitures, which was especially violent in <a href="../cathen/06484b.htm">Germany</a>, where from the ninth to the eleventh centuries <a href="../cathen/01015c.htm">abbots</a> and bishops had become real temporal princes. (See <a href="../cathen/08084b.htm">INVESTITURE</a>.) The <a href="../cathen/09017a.htm">Second Lateran Council</a> (1139) handed over to the chapter of the <a href="../cathen/03438a.htm">cathedral church</a> the sole right of choosing the bishop, and this <a href="../cathen/09053a.htm">legislation</a> was sanctioned by the <a href="../cathen/04670b.htm">Decretals</a> (Decretum Gratiani. P. I., Dist. lxiii, ch. xxxv; ch. iii. De causa possessionis et proprietatis, X, II, xii; ch. liv, De electione et electi potestate, X, I, vi; Friedberg, Corpus Juris Canonici, Leipzeig, 1879-81, I, 247, II, 95,276) The bishops of the <a href="../cathen/10285c.htm">Middle Ages</a> acquired much temporal power, but this was accompanied by a corresponding diminution of their spiritual authority. By the exercise of the prerogative of the primacy the <a href="../cathen/07424b.htm">Holy See</a> reserved to Itself all the most important affairs, the so-called <em>causae majores</em>, as for instance the <a href="../cathen/02364b.htm">canonization</a> of <a href="../cathen/04171a.htm">saints</a> (ch. i, De reliquiis X, III, xlv; Friedberg, II, 650), the permission to venerate publicly newly discovered <a href="../cathen/12734a.htm">relics</a>, the <a href="../cathen/01061a.htm">absolution</a> of certain grave <a href="../cathen/14004b.htm">sins</a>, etc. Appeals to the <a href="../cathen/12260a.htm">pope</a> against the judicial decisions of the bishops became more and more frequent. The <a href="../cathen/12748b.htm">religious</a> orders and the chapters of <a href="../cathen/03438a.htm">cathedral</a> and collegiate churches obtained exemption from episcopal authority. The <a href="../cathen/03438a.htm">cathedral</a> chapter obtained a very considerable influence in the administration of the <a href="../cathen/05001a.htm">diocese</a>. The <a href="../cathen/12260a.htm">pope</a> reserved also to himself the <a href="../cathen/11093a.htm">nomination</a> of many <a href="../cathen/02473c.htm">ecclesiastical benefices</a> (C. Lux. Constitutionum apostolicarum de generali beneficiorum reservatione collectio et Breslau, 1904). He also claimed the <a href="../cathen/13055c.htm">right</a> to nominate the bishops, but in the German Concordat of 1448 he granted the chapters the <a href="../cathen/13055c.htm">right</a> to elect them, while in that of 1516 he permitted the King of <a href="../cathen/06166a.htm">France</a> to nominate the bishops of that nation. Subsequently the <a href="../cathen/15030c.htm">Council of Trent</a> defined the <a href="../cathen/13055c.htm">rights</a> of the bishop and remedied the abuses which had slipped into the administration of <a href="../cathen/05001a.htm">dioceses</a> and the conduct of bishops. The council granted them the exclusive right of publishing <a href="../cathen/07783a.htm">indulgences</a>; it also impressed upon them the <a href="../cathen/11189a.htm">obligation</a> of residence in their <a href="../cathen/05001a.htm">dioceses</a>, the <a href="../cathen/05215a.htm">duty</a> of receiving <a href="../cathen/04276a.htm">consecration</a> within three months after their elevation to the episcopate, of erecting <a href="../cathen/13694a.htm">seminaries</a>, of convoking annual <a href="../cathen/05001a.htm">diocesan</a> <a href="../cathen/14388a.htm">synods</a>, of assisting at, <a href="../cathen/12515a.htm">provincial synods</a>, and of visiting their <a href="../cathen/05001a.htm">dioceses</a>. It also forbade them to cumulate <a href="../cathen/02473c.htm">benefices</a>, etc. The same council diminished exceptions from episcopal authority, and <a href="../cathen/04696b.htm">delegated</a> to the bishops some of the <a href="../cathen/13055c.htm">rights</a> which in the past the <a href="../cathen/07424b.htm">Holy See</a> had reserved for itself. Subsequent pontifical acts completed the <a href="../cathen/15030c.htm">Tridentine</a> legislation, which is still valid. <a href="../cathen/12495a.htm">Protestantism</a> and at a later date the <a href="../cathen/13009a.htm">French Revolution</a> destroyed all temporal power of the bishops; thenceforth they were free to <a href="../cathen/04276a.htm">consecrate</a> themselves with greater earnestness to the <a href="../cathen/05215a.htm">duties</a> of their spiritual ministry.</p> <h2 id="section2">Present legislation</h2> <p>Two classes of bishops must be distinguished, not with regard to the power of order, for all bishops receive the fullness of the <a href="../cathen/12409a.htm">priesthood</a> but with regard to the <a href="../cathen/08567a.htm">power of jurisdiction</a>: the <a href="../cathen/05001a.htm">diocesan</a> bishop and the <a href="../cathen/08025a.htm">titular</a> bishop or, as he was called before 1882 the <em>episcopus <a href="../cathen/08025a.htm">in partibus infedelium</a></em>. The former is here considered. Those belonging to the second class cannot perform any episcopal function without the authorization of the <a href="../cathen/05001a.htm">diocesan</a> bishop; for as <a href="../cathen/08025a.htm">titular</a> bishops there have no ordinary <a href="../cathen/08567a.htm">jurisdiction</a>. They can; however, act as <a href="../cathen/02145b.htm">auxiliary bishops</a>, i.e. they may be appointed by the <a href="../cathen/12260a.htm">pope</a> to assist a <a href="../cathen/05001a.htm">diocesan</a> bishop in the exercise of <a href="../cathen/05215a.htm">duties</a> arising from the episcopal order but entailing no <a href="../cathen/08567a.htm">power of jurisdiction</a>. (See <a href="../cathen/02145b.htm">AUXILIARY BISHOP</a>.) Such a bishop is also called <em>vicarius in pontificalibus</em>, i.e. a representative in certain ceremonial acts proper to the <a href="../cathen/05001a.htm">diocesan</a> bishop, sometimes suffragan bishop, <em>episcopus suffraganeus</em>. In the proper sense of the term, however, the suffragan bishop is the <a href="../cathen/05001a.htm">diocesan</a> bishop in his relations with the <a href="../cathen/10244c.htm">metropolitan</a> of the <a href="../cathen/12514a.htm">ecclesiastical province</a> to which he belongs, while the bishop who is independent of any <a href="../cathen/10244c.htm">metropolitan</a> is called an exempt bishop, <em>episcopus exemptus</em>. The <a href="../cathen/08025a.htm">titular</a> bishop may also be coadjutor bishop when he is appointed to assist an ordinary bishop in the administration of the <a href="../cathen/05001a.htm">diocese</a>. Sometimes he is incorrectly called <a href="../cathen/02145b.htm">auxiliary bishop</a>. He possesses some powers of <a href="../cathen/08567a.htm">jurisdiction</a> determined by the letters Apostolic appointing him. Often also, notably in missionary countries, the coadjutor bishop is named <em>cum jure successionis</em>, i.e. with the right of succession; on the death of the <a href="../cathen/05001a.htm">diocesan</a> bishop he enters on the ordinary administration of the <a href="../cathen/05001a.htm">diocese</a>.</p> <p>The <a href="../cathen/15030c.htm">Council of Trent</a> determined the conditions to be fulfilled by candidates for the episcopate, of which the following are the principal: birth in lawful wedlock, freedom from censure and irregularity or any defect in mind, purity of personal <a href="../cathen/10559a.htm">morals</a>, and good reputation. The candidate must also be fully thirty years of age and have been not less than six months in <a href="../cathen/11279a.htm">Holy orders</a>. He ought also to have the <a href="../cathen/14580x.htm">theological</a> degree of Doctor or at least be a licentiate in <a href="../cathen/14580a.htm">theology</a> or canon law or else have the testimony of a public academy or seat of learning (or, if he be a religious, of the highest authority of his order) that he is fit to teach others (c. vii, De electione et electi potestate, X.I. vi; Friedberg, II, 51. Council of Trent. Sess. XXII, De ref., ch. ii). The Holy Office is charged with the examination of <a href="../cathen/11726a.htm">persons</a> called to the episcopate, with the exception of the territories subject to the <a href="../cathen/12456a.htm">Congregation of the Propaganda</a> or to the Congregation of Extraordinary Ecclesiastical Affairs, or of those countries where the <a href="../cathen/11093a.htm">nomination</a> of bishops is governed by special <a href="../cathen/09053a.htm">laws</a> and <a href="../cathen/04196a.htm">concordats</a> ("Motu Proprio" of <a href="../cathen/12137a.htm">Pope Pius X</a>. 17 December, 1903; "acta sanctae Sedis, 1904, XXXVI, 385). We have said that the <a href="../cathen/04670b.htm">Decretals</a> recognize the right of the <a href="../cathen/03438a.htm">cathedral</a> chapters to elect the bishop. This right has long been long withdrawn and is no longer in force. In virtue of the second rule of the Papal Chancery the choice of bishops belongs exclusively to the <a href="../cathen/12260a.htm">pope</a> (Walter, Fontes juris eccesiastici antiqui et hodierni, Bonn, 1861, 483) Exceptions to this rule, however, are numerous. In <a href="../cathen/02121b.htm">Austria</a> (with the exception of some <a href="../cathen/05001a.htm">episcopal sees</a>), in <a href="../cathen/02353c.htm">Bavaria</a>, in <a href="../cathen/14169b.htm">Spain</a>, in <a href="../cathen/12297a.htm">Portugal</a> and in <a href="../cathen/11732b.htm">Peru</a>, the Government presents to the <a href="../cathen/12260a.htm">sovereign pontiff</a> the candidates for the episcopate. It was so in <a href="../cathen/06166a.htm">France</a>, and in several South American Republics before the rupture or denunciation of the <a href="../cathen/04196a.htm">concordats</a> between the states and the <a href="../cathen/01640c.htm">Apostolic See</a>. By the cessation of these <a href="../cathen/04196a.htm">concordats</a> such states lost all right of intervention in the <a href="../cathen/11093a.htm">nomination</a> of bishops; this does not, however prevent the Government in several South American Republics from recommending candidates to the <a href="../cathen/12260a.htm">sovereign pontiff</a>. The <a href="../cathen/03438a.htm">cathedral</a> chapter is authorized to elect the bishop in several <a href="../cathen/05001a.htm">dioceses</a> of <a href="../cathen/02121b.htm">Austria</a>, <a href="../cathen/14358a.htm">Switzerland</a>, <a href="../cathen/12519c.htm">Prussia</a>, and in some States of <a href="../cathen/06484b.htm">Germany</a>, notably in the <a href="../cathen/12514a.htm">ecclesiastical province</a> of the Upper Rhine. The action of the electors, however, is not entirely free. For example, they may not choose <a href="../cathen/11726a.htm">persons</a> distasteful to the Government (Letter of the Cardinal Secretary of State to the Chapters of <a href="../cathen/06484b.htm">Germany</a>, 20, July 1900; Canonist Contemporain, 1901, XXIV, 727). Elsewhere the <a href="../cathen/12260a.htm">pope</a> himself nominates bishops, but in <a href="../cathen/08208a.htm">Italy</a> the Government insists that they obtain the royal <a href="../cathen/05707a.htm">exequatur</a> before taking possession of the <a href="../cathen/05001a.htm">episcopal see</a>. In missionary countries the <a href="../cathen/12260a.htm">pope</a> generally permits the "recommendation" of candidates, but this does not juridically bind the <a href="../cathen/12260a.htm">sovereign pontiff</a>, who has the power to choose the new bishop from <a href="../cathen/11726a.htm">persons</a> not included in the list of recommended candidates. In <a href="../cathen/05445a.htm">England</a> the canons of the <a href="../cathen/03438a.htm">cathedral</a> select by a majority of the votes, at three successive ballots, three candidates for the vacant <a href="../cathen/05001a.htm">episcopal see</a>. Their names, arranged in alphabetical order, are transmitted to the <a href="../cathen/12456a.htm">Propaganda</a> and to the <a href="../cathen/01691a.htm">archbishop</a> of the province, or to the senior suffragan of the province, if the question is one of the election of an <a href="../cathen/01691a.htm">archbishop</a>. The bishops of the province discuss the merits of the candidates and transmit their observations to the <a href="../cathen/12456a.htm">Propaganda</a>. Since 1847 the bishops are empowered, if they so desire, to propose other names for the choice of the <a href="../cathen/07424b.htm">Holy See</a>, and a decision of the <a href="../cathen/12456a.htm">Propaganda</a> (25 April, 3 May, 1904) confirms this practice (Instruction of <a href="../cathen/12456a.htm">Propaganda</a>, 21 April, 1852; "Collectanea S. C. de Propagandâ Fide", Rome, 1893. no. 42; Taunton, 87-88). Analogous enactments are in force in <a href="../cathen/08098b.htm">Ireland</a>. The canons of the <a href="../cathen/03438a.htm">cathedral</a> and all the <a href="../cathen/11499b.htm">parish</a> <a href="../cathen/12406a.htm">priests</a> free from censure and in actual and peaceful possession of their <a href="../cathen/11499b.htm">parish</a> or united <a href="../cathen/11499b.htm">parishes</a>, choose in a single ballot three <a href="../cathen/04049b.htm">ecclesiastics</a>. The names of the three candidates who have obtained the greatest number of votes are announced and forwarded to the <a href="../cathen/12456a.htm">Propaganda</a> and to the <a href="../cathen/01691a.htm">archbishop</a> of the province. The <a href="../cathen/01691a.htm">archbishop</a> and the bishops of the province give the <a href="../cathen/07424b.htm">Holy See</a> their opinion on the candidates. If they judge that none of the candidates is capable of fulfilling the episcopal functions no second recommendation is to be made. If it is a question of the <a href="../cathen/11093a.htm">nomination</a> of a coadjutor bishop with the right of succession the same rules are followed, but the presidency of the electoral meeting, instead of being given to the <a href="../cathen/10244c.htm">metropolitan</a>, his delegate, or the senior bishop of the province, belongs to the bishop who asks for the coadjutor (Instruction of <a href="../cathen/12456a.htm">Propaganda</a>, 17 September, 1829, and 25 April, 1835; "Collectanea," nos. 40 and 41). In <a href="../cathen/13613a.htm">Scotland</a>, where there is no chapter of canons, they follow the rules as in <a href="../cathen/05445a.htm">England</a>; and when there is no chapter, the bishops of <a href="../cathen/13613a.htm">Scotland</a> and the <a href="../cathen/01691a.htm">archbishops</a> of <a href="../cathen/05284a.htm">Edinburgh</a> and Glasgow choose by a triple ballot the three candidates. The names of these latter are communicated to the <a href="../cathen/07424b.htm">Holy See</a> together with the votes which each candidate has obtained. At the same time is transmitted useful information about each of them according to the questions determined by the <a href="../cathen/12456a.htm">Propaganda</a> (Instruction of the <a href="../cathen/12456a.htm">Propaganda</a>, 25 July, 1883; "Collectanea". no. 45). In the <a href="../cathen/15156a.htm">United States of America</a> the <a href="../cathen/05001a.htm">diocesan</a> consultors and the irremovable rectors of the <a href="../cathen/05001a.htm">diocese</a> assemble under the presidency of the <a href="../cathen/01691a.htm">archbishop</a> or the senior bishop of the province, and choose three candidates, the first <em>dignissimus</em>, the second <em>dignior</em>, and the third <em>digmus</em>. Their names are sent to the <a href="../cathen/12456a.htm">Propaganda</a> and to the <a href="../cathen/01691a.htm">archbishops</a> of the province; the <a href="../cathen/01691a.htm">archbishop</a> and the bishops the province examine the merits of the candidates proposed by the <a href="../cathen/04049b.htm">clergy</a> and in their turn, by a secret ballot propose three candidates. If they choose other candidates than those designated by the <a href="../cathen/04049b.htm">clergy</a>, they indicate their reasons to the <a href="../cathen/12456a.htm">Propaganda</a>. In the case of the <a href="../cathen/11093a.htm">nomination</a> of a coadjutor with right of succession, the meeting of the <a href="../cathen/04049b.htm">clergy</a> is presided over by the bishop who demands a coadjutor. If it concerns a newly created diocese, the consulters of all the <a href="../cathen/05001a.htm">dioceses</a> from whose territory the new <a href="../cathen/05001a.htm">diocese</a> was formed and all the irremovable rectors of the new diocese choose the three candidates of the <a href="../cathen/04049b.htm">clergy</a>. Finally, if it is a matter of replacing an <a href="../cathen/01691a.htm">archbishop</a> or of giving him a coadjutor with right of succession all the <a href="../cathen/10244c.htm">metropolitans</a> of the <a href="../cathen/15156a.htm">United States</a> are consulted by the <a href="../cathen/12456a.htm">Propaganda</a> (<a href="../cathen/04670a.htm">Decree</a> of <a href="../cathen/12456a.htm">Propaganda</a>, 21 January, 1861, modified by that of 31 September, 1885; Collectanea, no. 43). In <a href="../cathen/03227a.htm">Canada</a> by a <a href="../cathen/04670a.htm">decree</a> of 2 December, 1862, the <a href="../cathen/03744a.htm">Church</a> still follows the rules laid down by the <a href="../cathen/12456a.htm">Propaganda</a> on 21 January, 1861, for the <a href="../cathen/15156a.htm">United States</a> (Collectanea. no. 43; Collectio Lacensis 1875, III, 684, 688). Every three years the bishops must communicate to the <a href="../cathen/12456a.htm">Propaganda</a> and to the <a href="../cathen/10244c.htm">metropolitan</a> the names of the <a href="../cathen/12406a.htm">priests</a> they think worthy of episcopal functions. In addition, each bishop must designate in a secret letter three <a href="../cathen/04049b.htm">ecclesiastics</a> whom he believes worthy to succeed him. When a vacancy occurs, all the bishops of the province indicate to the <a href="../cathen/01691a.htm">archbishop</a> or to the senior bishop the <a href="../cathen/12406a.htm">priests</a> whom they consider recommendable. The bishops then discuss in a meeting the merits of each of the <a href="../cathen/12406a.htm">priests</a> recommended, and proceed to the <a href="../cathen/11093a.htm">nomination</a> of the candidates by secret vote. The acts of the assembly are transmitted to the <a href="../cathen/12456a.htm">Propaganda</a>. In Australia, a method similar to that in use in the <a href="../cathen/15156a.htm">United States</a> is followed. Two differences, however, are to be noted: first the bishops still signify every three years, to the <a href="../cathen/10244c.htm">metropolitan</a> and to the <a href="../cathen/12456a.htm">Propaganda</a> the names of the <a href="../cathen/12406a.htm">priests</a> whom they consider worthy of the episcopal office. Second, when the <a href="../cathen/11093a.htm">nomination</a> of a coadjutor bishop is in question, the presidency over the assembly of consultors and irremovable rectors belongs not to the bishop who demands a coadjutor, but to the <a href="../cathen/10244c.htm">metropolitan</a> or to the bishop delegated by him (Instruction of <a href="../cathen/12456a.htm">Propaganda</a>, 19 May, 1866, modified by the <a href="../cathen/04670a.htm">decree</a> of 1 May, 1887; Collectanea, no. 44).</p> <p>Whatever the manner of his <a href="../cathen/11093a.htm">nomination</a>, the bishop possesses no power until his <a href="../cathen/11093a.htm">nomination</a> has been confirmed by the <a href="../cathen/07424b.htm">Holy See</a>, whether in consistory or by pontifical letters. Moreover, he is forbidden to enter on the administration of his <a href="../cathen/05001a.htm">diocese</a> therefore taking possession of his <a href="../cathen/05001a.htm">see</a> by communication to the <a href="../cathen/03438a.htm">cathedral</a> chapter the letters Apostolic of his <a href="../cathen/11093a.htm">nomination</a> (Const. <a href="../cathen/01645a.htm">"Apostolicae Sedis"</a>, 12 October, 1869, V, i; "Collectanea", no. 1002). From this moment, even before his <a href="../cathen/04276a.htm">consecration</a>, the new bishop is entitled in his <a href="../cathen/05001a.htm">diocese</a> to all <a href="../cathen/13055c.htm">rights</a> of <a href="../cathen/08567a.htm">jurisdiction</a>. He is required to make the prescribed profession of <a href="../cathen/05752c.htm">faith</a> in the first provincial synod held after his elevation (Council of Trent, Sess., XXV, De ref., ch. ii). Finally, he is <a href="../cathen/11189a.htm">obliged</a> within the space of three moths to receive episcopal <a href="../cathen/04276a.htm">consecration</a>. The right of consecrating a bishop belongs to the <a href="../cathen/12260a.htm">sovereign pontiff</a>, who generally permits the newly elected to be <a href="../cathen/04276a.htm">consecrated</a> by three bishops of his own choice. However, if the <a href="../cathen/04276a.htm">consecration</a> takes place in <a href="../cathen/13164a.htm">Rome</a>, he must select a <a href="../cathen/03333b.htm">cardinal</a> or one of the major <a href="../cathen/11549a.htm">patriarchs</a> residing at <a href="../cathen/13164a.htm">Rome</a>. If however, his own <a href="../cathen/10244c.htm">metropolitan</a> is at that time in <a href="../cathen/13164a.htm">Rome</a>, he would be <a href="../cathen/11189a.htm">obliged</a> to choose him. The <a href="../cathen/04276a.htm">consecration</a> ought to take place on a <a href="../cathen/14335a.htm">Sunday</a> or on the feast of an Apostle, by preference in the <a href="../cathen/03438a.htm">cathedral church</a> of the <a href="../cathen/05001a.htm">diocese</a> or at least within the <a href="../cathen/12514a.htm">ecclesiastical province</a> (Council of Trent, Sess., XXIII, De ref., ch. ii). Before <a href="../cathen/04276a.htm">consecration</a>, the bishop must take an <a href="../cathen/11176a.htm">oath</a> of fidelity to the <a href="../cathen/07424b.htm">Holy See</a>. (For the formula of this <a href="../cathen/11176a.htm">oath</a> for the bishops of the <a href="../cathen/15156a.htm">United States of America</a> see "Acta et Decreta conc. Plen. Balt., III", <a href="../cathen/02228a.htm">Baltimore</a>, 1886. Appendix, 202.) Consecration by a single bishop would not be invalid but would be illicit. However, the bishops of South America have the privilege of being <a href="../cathen/04276a.htm">consecrated</a> by one bishop assisted by two or three <a href="../cathen/12406a.htm">priests</a>, if it prove difficult for them to obtain three bishops (Letters Apostolic of <a href="../cathen/09169a.htm">Leo XIII</a> "Trans Oceanum", 18 April 1897; "Acta Sanctae Sedis", 1896-97, XXIX, 659). Episcopal <a href="../cathen/04276a.htm">consecration</a> has the effect of giving to the bishop the full powers of Order. (See <a href="../cathen/11279a.htm">Holy Orders</a>.)</p> <div class="CMtag_300x250" style="display: flex; height: 300px; align-items: center; justify-content: center; "></div> <h2 id="section3">Rights and powers of the bishop</h2> <p>The bishop possesses, as already stated, the powers of order and <a href="../cathen/08567a.htm">jurisdiction</a>. The power of order comes to him through episcopal <a href="../cathen/04276a.htm">consecration</a>, but the exercise of this right depends on his <a href="../cathen/08567a.htm">power of jurisdiction</a>. The <a href="../cathen/12406a.htm">sacerdotal</a> <a href="../cathen/11279a.htm">ordination</a> performed by every duly <a href="../cathen/04276a.htm">consecrated</a> bishop is undoubtedly valid, yet the bishop can ordain only in conformity with the enactments of canon law. Only the bishop can confer major orders. The question has been discussed, as to whether the <a href="../cathen/12260a.htm">pope</a> could delegate to a <a href="../cathen/12406a.htm">priest</a>, for example the <a href="../cathen/01015c.htm">abbot</a> of a <a href="../cathen/04340c.htm">monastery</a>, the power to ordain a <a href="../cathen/04647c.htm">deacon</a>. The bishop is the only ordinary minister of the Sacrament of Confirmation (Council of Trent, Sess. XXIII, can. vii). Ecclesiastical law has reserved certain benedictions and <a href="../cathen/04276a.htm">consecrations</a> to him, viz., those which are performed with holy oil. The following functions are reserved to the bishop: the dedication of a church, the <a href="../cathen/04276a.htm">consecration</a> of an altar, of <a href="../cathen/03561a.htm">chalices</a> and <a href="../cathen/11541b.htm">patens</a>, and generally of the articles serving for the celebration of Holy Mass, the reconciliation of a <a href="../cathen/04748c.htm">desecrated</a> church, the benediction of bells, the benediction of an <a href="../cathen/01015c.htm">abbot</a>, the benediction of the <a href="../cathen/07421b.htm">holy oils</a>, etc. A bishop is forbidden to exercise the <em>Pontificalia</em>  i.e. to perform episcopal functions in another diocese  without the consent of the ordinary, i.e. the proper bishop (Council of Trent, Sess. VI, De ref., ch. v).</p> <p>Besides the power of order, bishops possess that of <a href="../cathen/08567a.htm">jurisdiction</a>; they have the <a href="../cathen/13055c.htm">right</a> to prescribe for the faithful the rules which the latter must follow in order to obtain <a href="../cathen/05551b.htm">eternal</a> <a href="../cathen/13407a.htm">salvation</a>. The <a href="../cathen/08567a.htm">power of jurisdiction</a> is of Divine origin, in the sense that the <a href="../cathen/12260a.htm">pope</a> is held to establish in the <a href="../cathen/03744a.htm">Church</a> bishops whose mission it is to direct the faithful in the way of <a href="../cathen/13407a.htm">salvation</a>. The bishops have then in their <a href="../cathen/05001a.htm">dioceses</a> an ordinary <a href="../cathen/08567a.htm">jurisdiction</a>, limited, however, by the <a href="../cathen/13055c.htm">rights</a> that the <a href="../cathen/12260a.htm">pope</a> can reserve to himself in virtue of his primacy. But this <a href="../cathen/08567a.htm">jurisdiction</a> is independent of the will and consent of the <a href="../cathen/05769a.htm">faithful</a>, and even of the <a href="../cathen/04049b.htm">clergy</a>. In certain important matters, however, the bishop must at times seek the advice, at other times the consent, of the <a href="../cathen/03438a.htm">cathedral</a> chapter. In certain countries where chapters are not established, the bishop is bound to consult in some specified cases the <em>consultores cleri dioecesani</em>, or <a href="../cathen/05001a.htm">diocesan</a> consultors (Third council of <a href="../cathen/02228a.htm">Baltimore</a>, nos. 17-22, 33, 179). On the other hand, certain classes of <a href="../cathen/11726a.htm">persons</a>, especially the regulars properly so called, are exempt from episcopal authority, and certain matters are removed from the bishops <a href="../cathen/08567a.htm">jurisdiction</a>. Moreover, he has no power against the will of a superior authority, i.e. the <a href="../cathen/12260a.htm">pope</a>, the councils, whether general, plenary, or provincial. The Bishop possess also other important powers through "delegated" <a href="../cathen/08567a.htm">jurisdiction</a> which is accorded to him either by law, whether written or established through the <a href="../cathen/13136a.htm">Roman Congregations</a>. The last named <a href="../cathen/08567a.htm">jurisdiction</a> he exercises in the name of the <a href="../cathen/01640c.htm">Apostolic See</a> (see below). Certain writers attribute to the bishop a third kind of <a href="../cathen/08567a.htm">jurisdiction</a> which they call "quasi-ordinary" <a href="../cathen/08567a.htm">jurisdiction</a>, but there are wide differences as to the definitions of this kind of <a href="../cathen/08567a.htm">jurisdiction</a>. Several writers (such as: Wernz, II, 10; Bargilliat, "Praelect. ju. can.", Paris, 1900, I, 164; and amoung the older canonists, Boix, "De princep. juris canonici", Paris, 1852, 530) think that this distinction is useless; the <a href="../cathen/08567a.htm">jurisdiction</a> known as quasi-ordinary is nothing else than an ordinary or delegated <a href="../cathen/08567a.htm">jurisdiction</a> granted by written law or by custom.</p> <p>It is a controverted question whether the bishops hold their <a href="../cathen/08567a.htm">jurisdiction</a> directly from <a href="../cathen/06608a.htm">God</a> or from the <a href="../cathen/12260a.htm">sovereign pontiff</a>. The latter opinion, however, is almost generally admitted at the present day, for it is more in conformity with the monarchical constitution of the <a href="../cathen/03744a.htm">Church</a>, which seems to demand that there should be no power in the <a href="../cathen/03744a.htm">Church</a> not emanating immediately from the <a href="../cathen/12260a.htm">sovereign pontiff</a>. Authors who hold the contrary opinion say that it is during the episcopal <a href="../cathen/04276a.htm">consecration</a> that bishops receive from <a href="../cathen/06608a.htm">God</a> their <a href="../cathen/08567a.htm">power of jurisdiction</a>. But habitually before their <a href="../cathen/04276a.htm">consecration</a> the bishops have already all powers of <a href="../cathen/08567a.htm">jurisdiction</a> over their <a href="../cathen/05001a.htm">dioceses</a> (Bargilliat, I, 442-445). Another question also discussed is whether the <em>potestas magisterii</em>, or teaching authority, is a consequence of the power of order or of <a href="../cathen/08567a.htm">jurisdiction</a> (Sägmüller, Lehrbuch des katholischen Kirchenrechts, Frieberg, 1900-04, 24-25). Whatever the conclusion, teaching authority will here be ranked among the powers of <a href="../cathen/08567a.htm">jurisdiction</a>. The teaching authority of the bishop and his governing authority (<em>potestas regiminis</em>) will now be successively considered, the latter comprising the legislative, <a href="../cathen/05041a.htm">dispensative</a>, judicial, coercive, and administrative powers.</p> <h3 id="A">Teaching authority</h3> <p>By <a href="../cathen/09071a.htm">Divine law</a> bishops have the <a href="../cathen/13055c.htm">right</a> to teach <a href="../cathen/05075b.htm">Christian doctrine</a> (<a href="../bible/mat028.htm#vrs19">Matthew 28:19</a>; Council of Trent, Sess. XXIV, De ref., ch. iv; <a href="../cathen/05413a.htm">Encyclical</a> of <a href="../cathen/09169a.htm">Leo XIII</a>, "Sapientiae christianae", 10 January, 1890; "Acta Sanctae Sedis": 1890, XXXII, 385). At the same time, the <a href="../cathen/11189a.htm">obligation</a> of instructing the faithful either personally or, if hindered, through other <a href="../cathen/04049b.htm">ecclesiastics</a> is incumbent upon them. They are bound also to see that in the <a href="../cathen/11499b.htm">parish</a> churches the <a href="../cathen/11499b.htm">parish</a> <a href="../cathen/12406a.htm">priests</a> fulfil the requirements of preaching and teaching which the <a href="../cathen/15030c.htm">Council of Trent</a> imposes on them (Sess. V, De ref., ch. ii; Sess. XXIV, De ref. ch. iv). The bishop must also supervise the teaching of <a href="../cathen/05075b.htm">Christian doctrine</a> in the <a href="../cathen/13694a.htm">seminaries</a>, as well as in secondary and primary <a href="../cathen/13554b.htm">schools</a> (Conc. Balt. III, nos. 194 sqq.; Const. "Romanos pontifices", 8 May, 1881; op. cit., Appendix, 212). In virtue of this right of superintendence, and because of the intimate relations which exist between instruction and <a href="../cathen/05295b.htm">education</a>, the bishop is empowered to forbid attendance at undenominational <a href="../cathen/13554b.htm">schools</a>, at least in those districts where <a href="../cathen/03449a.htm">Catholic</a> <a href="../cathen/13554b.htm">schools</a> exist, and where attendance at the former <a href="../cathen/13554b.htm">schools</a> is dangerous. In virtue of the same right he will very often be bound to erect <a href="../cathen/03449a.htm">Catholic</a> <a href="../cathen/13554b.htm">schools</a> or favour their establishment (Third Council of <a href="../cathen/02228a.htm">Baltimore</a>, nos. 194-213). No one is allowed to preach <a href="../cathen/05075b.htm">Christian doctrine</a> without the consent of the bishop, or at least without his <a href="../cathen/08673a.htm">knowledge</a> if it is a question of exempt religious preaching in their own churches (Council of Trent, Sess. V, De ref., ch., ii; Sess. XVIV, De ref., ch. iv). The Bishop has power to supervise writings published or read in his <a href="../cathen/05001a.htm">diocese</a>; works regarding the <a href="../cathen/14580x.htm">sacred sciences</a> are subject to his <a href="../cathen/01656b.htm">approbation</a>; he may forbid the reading of dangerous books and newspapers. He exercises a special control over the publications of the <a href="../cathen/13675a.htm">secular clergy</a>, who are bound to consult him before undertaking the direction of newspapers or of publishing works even upon profane matters (Const. of <a href="../cathen/09169a.htm">Leo XIII</a>, "Officiorum et munerum", 25 January, 1897; Vermeersch, "De probitione et censura liborum", 4th ed., Rome, 1906). He has the right of special supervision over the manuals used in <a href="../cathen/13554b.htm">educational establishments</a>, and as far as possible he will encourage the publication of good books and good newspapers (Third Council of <a href="../cathen/02228a.htm">Baltimore</a>, nos. 210,220, 221, 225, 226). The bishop is the <em>Inquisitor natus</em> or protector of the <a href="../cathen/05752c.htm">faith</a> for his <a href="../cathen/05001a.htm">diocese</a>. He has not, it is <a href="../cathen/15073a.htm">true</a>, the <a href="../cathen/13055c.htm">right</a> to define, outside an <a href="../cathen/04423f.htm">ecumenical council</a>, controverted questions with regard to <a href="../cathen/05752c.htm">faith</a> and <a href="../cathen/10559a.htm">morals</a>, but when a heated discussion arises in his <a href="../cathen/05001a.htm">diocese</a>, he can impose silence upon the parties concerned while awaiting a decision from the <a href="../cathen/07424b.htm">Holy See</a>. If anyone, however, denies a point of <a href="../cathen/05075b.htm">doctrine</a> <a href="../cathen/04675b.htm">defined</a> by the <a href="../cathen/03744a.htm">Church</a>, even though it be all exempt religious, the bishop will have the power to punish him (Council of Trent, Sess. V, De ref., ch. ii; Sess. XXIV, De ref., ch, iii). He must likewise guard the faithful of his <a href="../cathen/05001a.htm">diocese</a> against dangerous <a href="../cathen/14074a.htm">societies</a> condemned by the <a href="../cathen/07424b.htm">Holy See</a> (Third Council of <a href="../cathen/02228a.htm">Baltimore</a>, nos. 244-255).</p> <h3 id="B">Governing authority</h3> <p><em>(1) Legislative Power</em></p> <p>The bishop can enact for his <a href="../cathen/05001a.htm">diocese</a> those <a href="../cathen/09053a.htm">laws</a> which he considers conducive to the general good. Though he is not bound to convoke a synod for this purpose, his legislative power is not absolute. He cannot legislate <em>contra jus commune</em>, i.e. enact a law contrary to the general law of the <a href="../cathen/03744a.htm">Church</a>, written or established by custom, or to the decisions of general, plenary, or provincial councils. This is on the principle that an inferior cannot act contrary to the will of his superiors (ch. 11, "De electione et electi potestate", I, iii, in the Clementines; Friedberg, II, 937) He can, however, enact <a href="../cathen/09053a.htm">laws</a> <em>juxta jus commune</em>, i.e. he can urge the observance of provisions of the common ecclesiastical law by penalizing the violation of the same (ch. ii. De constitutionibus, VI, I, ii; Friedberg, II, 937). He can determine the common ecclesiastical law, i.e. he can permit or forbid that which the <a href="../cathen/09068a.htm">common law</a> neither forbids nor permits with certitude, and can apply to the particular needs of his <a href="../cathen/05001a.htm">diocese</a> the general enactments of the pontifical <a href="../cathen/09053a.htm">laws</a>. Many writers say that the bishop has also the power to enact <a href="../cathen/09053a.htm">laws</a> <em>praeter jus commune</em>, i.e. to regulate those matters concerning which the common ecclesiastical law is silent; or at least particular points unforeseen by the <a href="../cathen/09068a.htm">common law</a>. In any case, if the bishop wishes to add to the enactments of the <a href="../cathen/09068a.htm">common law</a> (and the same principle is valid when it is a question of applying to the needs of his own diocese a general law of the <a href="../cathen/03744a.htm">Church</a>), he must take care to make no enactment on matters which the <a href="../cathen/09068a.htm">common law</a>, in the intention of the supreme legislator, has completely regulated. The <a href="../cathen/09068a.htm">common law</a> implicitly forbids any episcopal action in such matters. Thus, e.g., the bishop cannot introduce new irregularities. In his <a href="../cathen/05001a.htm">diocesan</a> legislation the bishop must not go beyond the purpose intended by the common ecclesiastical law. Thus, the latter forbids the <a href="../cathen/04049b.htm">clergy</a> to take part in games of chance (<em>ludi aleatorii</em>), the aim of the <a href="../cathen/09053a.htm">law</a> being to, condemn the <a href="../cathen/09397a.htm">love</a> of lucre and to avoid <a href="../cathen/13506d.htm">scandal</a>; at the same time the bishop cannot forbid in private houses other games which are not games of chance. On the other hand, if it be a matter concerning which the <a href="../cathen/09068a.htm">common law</a> is silent, the bishop may take all <a href="../cathen/10733a.htm">necessary</a> measures to prevent and put and end to abuses and to maintain <a href="../cathen/05030a.htm">ecclesiastical discipline</a>. He must abstain, however, from imposing on his <a href="../cathen/04049b.htm">clergy</a> extraordinary charges and <a href="../cathen/11189a.htm">obligations</a>, and from unusual innovations. The legislative power of the bishop <em>præter jus commune</em>, is, therefore, far from being absolute. (Chaeys-Bouuaert, De canonicâ cleri sæcularis obedientiâ, Louvain, 1904, 69-77). Canonical writers discuss the right of the bishop to abrogate a local custom contrary to the enactments of the common ecclesiastical law. He probably has not the right, provided that the custom be juridical, i.e. a reasonable one and legitimately prescribed this custom obtains only because of pontifical consent, it does not belong to the bishop to act contrary to the will of the <a href="../cathen/12260a.htm">pope</a>. The power of granting <a href="../cathen/05041a.htm">dispensations</a> is correlative to the legislative power. The bishop may, therefore, dispense with regard to all <a href="../cathen/05001a.htm">diocesan</a> <a href="../cathen/09053a.htm">laws</a>. He may also dispense, in particular cases only, from the <a href="../cathen/09053a.htm">laws</a> of provincial and plenary <a href="../cathen/14388a.htm">synods</a>; any <a href="../cathen/05041a.htm">dispensation</a> of these <a href="../cathen/09053a.htm">laws</a> would be almost impossible, if it were <a href="../cathen/10733a.htm">necessary</a> on all such occasions to convoke a fresh provincial or <a href="../cathen/12164c.htm">plenary synod</a>. The bishop however, cannot dispense from enactments that relate directly to himself, and impose <a href="../cathen/11189a.htm">obligations</a> upon him, or from enactments that accord <a href="../cathen/13055c.htm">rights</a> to a third party. The bishop cannot dispense from <a href="../cathen/09053a.htm">laws</a> made by the <a href="../cathen/12260a.htm">sovereign pontiff</a>. To this there are, however, some exceptions. In certain matters, the written law or custom has granted this right to the bishop. He may also dispense from such <a href="../cathen/09053a.htm">laws</a> in virtue of an expressly delegated power, or even sometimes in virtue of the consent, presumed or tacit, of the <a href="../cathen/12260a.htm">sovereign pontiff</a>. These cases in reality are determined by custom. Canonical writers also admit that a bishop may grant a <a href="../cathen/05041a.htm">dispensation</a>, when there is a <a href="../cathen/05141a.htm">doubt</a> whether a <a href="../cathen/05041a.htm">dispensation</a> is required, though in such a case it may be a question whether any <a href="../cathen/05041a.htm">dispensation</a> at all is requisite (Bargilliat, I, 483-491)</p> <p><em>(2) Judicial Power</em></p> <p>This power is exercised in two ways: without legal apparatus (<em>extra judicialiter</em>) or in a judicial process (<em>judicialiter</em>). In his <a href="../cathen/05001a.htm">diocese</a> the bishop is judge in the first instance in all trials, civil and criminal that pertain to the <a href="../cathen/04447a.htm">ecclesiastical tribunal</a>, unless the <a href="../cathen/11726a.htm">persons</a> be exempt from his authority, or the matters reserved for other judges; such. e.g., are the process of <a href="../cathen/02364b.htm">canonization</a> reserved to the <a href="../cathen/12260a.htm">pope</a> or the misdemeanors of a <a href="../cathen/15402a.htm">vicar-general</a>, which fall under the cognizance of the <a href="../cathen/01691a.htm">archbishop</a>. (Ch. vii, De officio judicis ordinarii, VI, I, xvi; Friedberg, II, 988; Council of Trent, Sess. XXIV, De ref., ch. xx.) In <a href="../cathen/03744a.htm">ecclesiastical</a> trials he must conform to the general or special provisions of the <a href="../cathen/09053a.htm">law</a>. (For matrimonial trials see "Instructio de judiciis ecclesiasticis circa causas matrimoniales" in "Acta et decreta Concilii Plenarii Baltimorensis III", Appendix, 262; for trials of <a href="../cathen/04049b.htm">ecclesiastics</a> see the Instruction of the <a href="../cathen/12456a.htm">Propaganda</a>, "Cum Magnopere", which reproduces substantially the Instruction of the Congregation of Bishops and Regulars of 11 June, 1880, op. cit., 287; see also S. Smith, "New procedure in criminal and disciplinary causes of ecclesiastics", 3d ed., New York, 1898.) The bishop has also judicial power which he exercises <em>extra judicialiter</em> both <em>in foro externo</em> (publicly) and <em>in foro interno</em> (in <a href="../cathen/04268a.htm">conscience</a>). He has the power to absolve his subjects from all <a href="../cathen/14004b.htm">sins</a> and censures not reserved to the <a href="../cathen/07424b.htm">Holy See</a>. Moreover, the <a href="../cathen/01061a.htm">absolution</a> from a censure inflicted by an <a href="../cathen/08545a.htm">ecclesiastical judge</a> is always reserved for the latter or to his superiors (<a href="../cathen/03052b.htm">Bull</a>, "Sacramentum Poenitentiæ" 1 June, 1741 in "Benedicti XIV, Bullarium", <a href="../cathen/15333a.htm">Venice</a>, 1775, I, 22; Const. <a href="../cathen/01645a.htm">"Apostolicæ Sedis"</a>, "Collectanea S.C.P.", 1002). On the other hand, the bishop may reserve to himself <a href="../cathen/01061a.htm">absolution</a> from certain <a href="../cathen/14004b.htm">sins</a> (<a href="../cathen/15030c.htm">Council of Trent</a>, Sess. XIV, "De poenit.", ch. vii; Third <a href="../cathen/02235a.htm">Plenary Council of Baltimore</a>, nos. 124, 127)</p> <p><em>(3) Coercive Power</em></p> <p>The right to punish is a <a href="../cathen/10733a.htm">necessary</a> consequence if the <a href="../cathen/13055c.htm">right</a> to judge. Formerly the bishop could and did inflict even corporal punishments and fines. These are no longer customary even for <a href="../cathen/04049b.htm">ecclesiastics</a>. The usual penalties for the <a href="../cathen/08748a.htm">laity</a> are censures; for <a href="../cathen/04049b.htm">ecclesiastics</a>, religious exercises, confinement for a time in a <a href="../cathen/04340c.htm">monastery</a>. (Third <a href="../cathen/02235a.htm">Plenary Council of Baltimore</a>, nos. 72-73), degradation to an office of less importance (<em>privatio officii ecclesiastici</em>), and censures, especially suspension. The bishop may inflict suspension <em>ex informatâ conscientia</em>, i.e. on his personal responsibility, and without observing any legal formality, but in cases foreseen by the <a href="../cathen/09053a.htm">law</a> (Instruction of <a href="../cathen/12456a.htm">Propaganda</a>, 20 October, 1884; Conc. Balt. in, Appendix, 298). To the coercive power of the bishop belongs also the right of issuing certain commands (<em>præcepta</em>) i.e. of imposing on a particular ecclesiastic special <a href="../cathen/11189a.htm">obligations</a> sanctioned by certain penalties (Constitution, "Cum Magnopere" nos. 4 and 8). He has also the lawful power to remove the penalties inflicted by him. Bishops call also grant <a href="../cathen/07783a.htm">indulgences</a>: <a href="../cathen/03333b.htm">cardinals</a> 200, <a href="../cathen/01691a.htm">archbishops</a> 100, and bishops, 50 days' <a href="../cathen/07783a.htm">indulgence</a> (<a href="../cathen/04670a.htm">Decree</a> of Congregation of Indulgences, 28 August, 1903; Acta Sanctæ Sedis. XXXVI, 318).</p> <p><em>(4) Administrative Power</em></p> <p>The matters to which the administrative power of the bishop extends can only be briefly indicated here:</p> <div class="bulletlist"><ul><li>The foremost is the supreme direction of the <a href="../cathen/04049b.htm">clergy</a>. At the present day, generally speaking, it might be said that the bishop has the <a href="../cathen/13055c.htm">right</a> to retain in his <a href="../cathen/05001a.htm">diocese</a> a <a href="../cathen/12406a.htm">priest</a> to whom he has entrusted <a href="../cathen/03744a.htm">ecclesiastical</a> functions and given the means of subsistence (Claeys-Bouuaert, 200-244). In case of necessity or great utility, e.g. given the scarcity of <a href="../cathen/12406a.htm">priests</a>, the bishop may compel an ecclesiastic to accept <a href="../cathen/03744a.htm">ecclesiastical</a> functions, but he will require a <a href="../cathen/07789a.htm">pontifical indult</a> to impose upon him the <em>cura animarum</em>, or <a href="../cathen/04572a.htm">cure of souls</a>. Ecclesiastics <a href="../cathen/11279a.htm">ordained</a> <em>titulo missionis</em> (see <a href="../cathen/11279a.htm">HOLY ORDERS</a>, MISSIONS) take upon themselves special <a href="../cathen/11189a.htm">obligations</a> in this matter. (See Instruction of <a href="../cathen/12456a.htm">Propaganda</a>. 27 April, 1871, and the Reply of 4 February, 1873; Conc. Plen. Balt. III, Appendix, 204-211; <a href="../cathen/04670a.htm">decree</a> "De seminariorum alumnis" 22 December, 1905; "Acta Sanctae Sedis", 1905, XXXVIII, 407.) The bishop may also nominate to the <a href="../cathen/02473c.htm">benefices</a> and <a href="../cathen/03744a.htm">ecclesiastical</a> functions of his own diocese. Certain nominations, however, are reserved to the <a href="../cathen/07424b.htm">Holy See</a>, and in several countries the right of patronage still exists.</li><li>The bishop, moreover, intervenes in the administration of <a href="../cathen/12466a.htm">ecclesiastical property</a>. No alienation whatever of <a href="../cathen/03744a.htm">ecclesiastical</a> goods is possible without his consent, and he exercises supreme supervision over their administration.</li><li>He has a special right of intervention in all matters relating to Divine worship and to the <a href="../cathen/13295a.htm">sacraments</a>; he authorizes and supervises the printing of <a href="../cathen/09296a.htm">liturgical books</a>, regulates public worship, processions, exposition of the <a href="../cathen/05584a.htm">Blessed Sacrament</a>, celebration of the Holy Mass, celebration of Mass twice on the same day by the same <a href="../cathen/12406a.htm">priest</a> (see Bination), and <a href="../cathen/05709a.htm">exorcisms</a>; his consent is required for the erection of churches and <a href="../cathen/11271a.htm">oratories</a>; he authorizes the public veneration of the <a href="../cathen/12734a.htm">relics</a> of <a href="../cathen/04171a.htm">saints</a> and of those who have been <a href="../cathen/02364b.htm">beatified</a>; he exercises supervision over <a href="../cathen/13641b.htm">statues</a> and images exposed for the veneration of the faithful: he publishes <a href="../cathen/07783a.htm">Indulgences</a>, etc. But in all these matters his power is not unlimited; he must conform to the enactments of the canon law.</li></ul></div> <p>Bishops have also a "delegated <a href="../cathen/08567a.htm">jurisdiction</a>" which they exercise in the name of the <a href="../cathen/07424b.htm">Holy See</a>; this power is granted to them <em>a jure</em> or <em>ab homine</em>. Ecclesiastical law frequently accords to bishops delegated powers; but it would be wrong to say, for instance, that every power of <a href="../cathen/05041a.htm">dispensation</a> granted by a general law of the <a href="../cathen/03744a.htm">Church</a> is a delegated one. Such power is perhaps quite as often an ordinary power. But when the <a href="../cathen/09053a.htm">law</a> accords a <a href="../cathen/08567a.htm">power of jurisdiction</a> to the bishop, <em>tanquam Sedis apostolicæ delegatus</em>, it is a delegated power that he receives. (See, for example, Council of Trent, Sess. V, De ref. ch., I, ii; Sess. VI, De ref., ch. iii; Sess. VII, De ref., ch. vi, viii, xiv, etc). Writers do not agree as to the nature of the power accorded to the bishop also as a delegate to the <a href="../cathen/01640c.htm">Apostolic See</a>, <em>etiam tanquam sedis apostolicæ delegatus</em>. Some maintain that it is in this case the bishop has at the same time both ordinary and delegated power, but only relative to such <a href="../cathen/11726a.htm">persons</a> as are subject to his <a href="../cathen/08567a.htm">jurisdiction</a>. (<a href="../cathen/12724c.htm">Reiffenstuel</a>, Jus canonicum universum, Paris, 1864, tit. xxix, 37); others contended that in this case the bishop has ordinary <a href="../cathen/08567a.htm">jurisdiction</a> with regard to his subjects, and only a delegated one with regard to those who are exempt (Hinschius, System des katholischen Kirchenrechts, <a href="../cathen/02493b.htm">Berlin</a>, 1869, I, 178; Scherer, Handbuch des Kirchenrechts, Graz, 1886, I, 421, note 36); others maintain that the bishop has the same time both an ordinary and a delegated power over his subjects, and a delegated power over those who are exempt (Wernz, II, 816); finally, others see in this formula only a means of removing any obstacles which might prevent the bishop from using the power accorded to him (Santi, Praelect. jur. can., New York, 1898, I, 259). The delegated powers <em>ab homine</em> are at the present of very geat importance especially in missionary countries. The Apostolic Penitentiary grants those which are only concerned with the forum of <a href="../cathen/04268a.htm">conscience</a>. The others are granted by the <a href="../cathen/12456a.htm">Congregation of the Propaganda</a>. They are called <em>facultates habituales</em>, because not granted for a determined individual case. These faculties are no longer accorded only to the bishop in his own <a href="../cathen/11726a.htm">person</a> but to the ordinaries, that is to say, to the bishop, to his successor, to the administrator <em>pro tem</em> of the <a href="../cathen/05001a.htm">diocese</a>, and to the <a href="../cathen/15402a.htm">vicar general</a>, to vicars apostolic, prefects, etc. (Declaration of the Holy Office, 26 November, 1897, 22 April, 1898, 25 June, 1898, 5 September, 1900; Acta Sanctæ 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 December, 1898; Acta Sanctæ Sedis, 1898-99, XXXI, 635). For further information see Putzer-Konings, "Commentarium in facultates apostolicas" (5th ed., New York, 1898). On the other hand, the bishop can always ask the <a href="../cathen/07424b.htm">Holy See</a> for such delegated powers as are <a href="../cathen/10733a.htm">necessary</a> in the administration of his <a href="../cathen/05001a.htm">diocese</a>. The bishop is also the ordinary and habitual executor of the <a href="../cathen/05041a.htm">dispensations</a> which the <a href="../cathen/07424b.htm">Holy See</a> grants <em>in foro externo</em>, i.e. for public use or application.</p> <h2 id="section4">Obligations of the bishop</h2> <p>In describing the <a href="../cathen/13055c.htm">rights</a> of bishops we have already in great measure indicated what their <a href="../cathen/11189a.htm">obligations</a> are. All their efforts must aim at preserving the <a href="../cathen/15073a.htm">true</a> <a href="../cathen/05752c.htm">faith</a> and a high moral tone among the people; they attain this end by good example, by preaching, by daily solicitude for the good administration of the <a href="../cathen/05001a.htm">diocese</a>, and by <a href="../cathen/12345b.htm">prayer</a>. Bishops, in effect, are bound by the <a href="../cathen/09071a.htm">Divine law</a> to implore the help of <a href="../cathen/06608a.htm">God</a> for the faithful committed to their care. Canon law has determined more fully this <a href="../cathen/11189a.htm">obligation</a>, and imposes upon the bishops the <a href="../cathen/11189a.htm">obligation</a> of celebrating <a href="../cathen/10006a.htm">Mass</a> for the faithful of their <a href="../cathen/05001a.htm">dioceses</a> (<em>missa pro grege</em>) every <a href="../cathen/14335a.htm">Sunday</a>, on the feast days of <a href="../cathen/11189a.htm">obligation</a> and on the abrogated feast days (Const. <a href="../cathen/09169a.htm">Leo XIII</a> "In supremâ", 10 June, 1882; "Collectanea, S.C.P.", no. 112). The bishop is bound to take special care of the <a href="../cathen/05295b.htm">education</a> of youth and of the training of his <a href="../cathen/04049b.htm">clergy</a>; he must exercise continual vigilance over the latter and assist them with his counsels. The <a href="../cathen/03744a.htm">Church</a> has imposed as special <a href="../cathen/11189a.htm">obligations</a> upon bishops the <a href="../cathen/15479a.htm">canonical visitation</a> of the <a href="../cathen/05001a.htm">diocese</a> and the holding of an annual <a href="../cathen/05001a.htm">diocesan</a> synod. The bishop is bound to visit each year the greater part of his <a href="../cathen/05001a.htm">diocese</a> either personally or, if prevented, through his delegates. This visit will permit him to administer the Sacrament of Confirmation (Council of Trent, Sess. XXXIV, De ref., ch. iii). The Third <a href="../cathen/02235a.htm">Plenary Council of Baltimore</a> grants the bishop three years for making this visitation (Acta et decreta, no 14). The <a href="../cathen/15030c.htm">Council of Trent</a> ordered that an annual <a href="../cathen/05001a.htm">diocesan</a> synod should be held (Sess. XXIV, De ref. ch. ii). At present, the <a href="../cathen/07424b.htm">Holy See</a> no longer urges the strict observation of this <a href="../cathen/09053a.htm">legislation</a> (Santi Praelect. Jur. can., I, 360) The Third Council of <a href="../cathen/02228a.htm">Baltimore</a> decreed that the bishop should take counsel with the <a href="../cathen/05001a.htm">diocesan</a> consultors whenever he wished to convoke a synod (Acta et decreta, no. 20) It is then unnecessary for the synod to assemble every year. However in missionary countries the <a href="../cathen/07424b.htm">Holy See</a> desires that these <a href="../cathen/14388a.htm">synods</a> should be rather frequent and dispenses the bishop from the observation of the formalities difficult to fulfill, e.g. the convoking of all <a href="../cathen/04049b.htm">ecclesiastics</a> who ought to be present at the synod (Letter of <a href="../cathen/12456a.htm">Propaganda</a> to the Bishop of <a href="../cathen/10319a.htm">Milwaukee</a>, 19 July, 1889, "Collectanea, S.C.P." no. 117). It is evident, finally, that the bishop cannot fulfill the <a href="../cathen/05215a.htm">duties</a> of his office unless he observes the <a href="../cathen/09053a.htm">law</a> of residence. The bishop is <a href="../cathen/11189a.htm">obliged</a> to reside in his <a href="../cathen/05001a.htm">diocese</a> 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 <a href="../cathen/05001a.htm">diocese</a> for more than three months, except for grave reason approved of by the <a href="../cathen/07424b.htm">Holy See</a> (Council of Trent. Sess. VI, De ref., ch. i; Sess. XXXIII, De ref., ch. i; <a href="../cathen/02432a.htm">Benedict XIV</a>, "Ad universae christianae", 3 September, 1746; Letters of <a href="../cathen/12456a.htm">Propaganda</a>, 24 April and 24 August 1861; "Collectanea, S.C.P.", nos. 103, 105).</p> <p>The bishop has also <a href="../cathen/11189a.htm">obligations</a> regarding the <a href="../cathen/07424b.htm">Holy See</a>. Throughout his entire administration he must conform to the general legislation of the <a href="../cathen/03744a.htm">Church</a> and the directions of the <a href="../cathen/12260a.htm">pope</a>. In this respect two special <a href="../cathen/11189a.htm">obligations</a> are incumbent upon him: he must pay the <em>Visitatio ad limina Apostolorum</em>, and present the <em>Relatio de statu diocesis</em>, i.e. he must visit the shrines of Sts. Peter and Paul at <a href="../cathen/13164a.htm">Rome</a> and present a report on the condition of his <a href="../cathen/05001a.htm">diocese</a>. In the time of Paschal II (1099-1118), only <a href="../cathen/10244c.htm">metropolitans</a> were bound to pay this visit. The <a href="../cathen/04670b.htm">Decretals</a> imposed this <a href="../cathen/11189a.htm">obligation</a> upon bishop whose <a href="../cathen/04276a.htm">consecration</a> the <a href="../cathen/12260a.htm">pope</a> reserved to himself (C. iv, "De electione et electi potestate"; X, I, vi; c. xiii, "De majoritate et obentia" X, I, xxxiii; c. iv, "De jurejurando", X, II, xxiv; Friedberg, II, 49, 201. 360). It has become general since the fifteenth century, and <a href="../cathen/14033a.htm">Sixtus</a> definitely ruled in favour of this <a href="../cathen/11189a.htm">obligation</a> (<a href="../cathen/03052b.htm">Bull</a>, "Romanus Pontifex", 20 December, 1585; "Bullarum amplissima collectio", ed. Cocquelines, Rome, 1747, IV, iv, 173). According to this <a href="../cathen/03052b.htm">Bull</a> the bishops of <a href="../cathen/08208a.htm">Italy</a> and the neighbouring islands, of <a href="../cathen/04606b.htm">Dalmatia</a> and Greece, must make the visit <em>ad limina</em> every three years; those of <a href="../cathen/06484b.htm">Germany</a>, <a href="../cathen/06166a.htm">France</a>, <a href="../cathen/14169b.htm">Spain</a>, <a href="../cathen/05445a.htm">England</a>, <a href="../cathen/12297a.htm">Portugal</a>, <a href="../cathen/02395a.htm">Belgium</a>, <a href="../cathen/02612b.htm">Bohemia</a>, <a href="../cathen/07547a.htm">Hungary</a>, <a href="../cathen/12181a.htm">Poland</a>, and the islands of the Mediterranean Sea every four years; those of other parts of <a href="../cathen/05607b.htm">Europe</a>, of North Africa, and the isles of the Atlantic Ocean situated to the east of the <a href="../cathen/01409c.htm">New World</a>, every five years; those of other parts of the world every ten years. The bishops of <a href="../cathen/08098b.htm">Ireland</a>, 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 <a href="../cathen/03052b.htm">Bull</a> (Instruction of <a href="../cathen/12456a.htm">Propaganda</a>, 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 <a href="../cathen/05001a.htm">dioceses</a>. The bishops of <a href="../cathen/08208a.htm">Italy</a> for four months, other bishops for seven months. The <a href="../cathen/07424b.htm">Holy See</a> sometimes dispenses a bishop from the <a href="../cathen/11189a.htm">obligation</a> of paying this visit personally, and permits him to send, as his delegate, a <a href="../cathen/12406a.htm">priest</a> of his <a href="../cathen/05001a.htm">diocese</a>, especially one of those who have been promoted to a high office (<em>dignitates</em>), or a <a href="../cathen/12406a.htm">priest</a> of the <a href="../cathen/05001a.htm">diocese</a> sojourning at <a href="../cathen/13164a.htm">Rome</a>, or even the agent of the bishop in that city, if an <a href="../cathen/04049b.htm">ecclesiastic</a>. While this visit, as stated above, ought to be paid the third, fourth, fifth, or tenth year, the rule suffers frequent exceptions in practice (Wernz, II, 914). The <em>Visitatio Liminum</em> includes a visit to the <a href="../cathen/14773b.htm">tombs</a> of St. Peter and <a href="../cathen/11567b.htm">St. Paul</a>, an audience with the Holy Father, and a written report which the bishop ought to present to the Congregation of the Council (<em>Congregatio specialis super statu ecclesiarum</em> also called <em>Concilietto</em>) according to the formula of <a href="../cathen/02431a.htm">Benedict XIII</a> in 1725 (A. Lucidi, De Visitatione saerorim Liminum, 5th ed., Rome, 1883).</p> <p>Bishops subject to the <a href="../cathen/12456a.htm">Propaganda</a> present this statement to the latter congregation (the proper formula is in "Acta Sanctae Sedis", 1891-92; XXIV, 382. "Collectanea", no. 104). In addition they ought also to send every five years, a report to the <a href="../cathen/12456a.htm">Propaganda</a> according to the formulary drawn up by this congregation 24 April, 1861 (Collectanea, no. 104). This <a href="../cathen/11189a.htm">obligation</a> had formerly been all annual one (Decrees of <a href="../cathen/12456a.htm">Propaganda</a>, 31 October, 1838, 27 September, 1843, and 23 March, 1844; Collectanea, nos. 97-99; Third Council of <a href="../cathen/02228a.htm">Baltimore</a>, no. 14).</p> <p>Finally, mention may be made of certain privileges enjoyed by bishops. They do not fall under <a href="../cathen/14345b.htm">suspensions</a> and <a href="../cathen/08073a.htm">interdicts</a>, <em>latæ sententia</em>, i.e. incurred <em>ipso facto</em>, unless express mention of them is therein made; those who are guilty of assaults upon them are punished with an <a href="../cathen/05678a.htm">excommunication</a> reserved <em>speciali modo</em> to the <a href="../cathen/12260a.htm">sovereign pontiff</a>; they possess the right of having a domestic <a href="../cathen/03574b.htm">chapel</a> and enjoy the privilege of the <em>altare portabile</em>, or <a href="../cathen/01348b.htm">portable altar</a>, etc.</p> <h2 id="section5">Non-Catholic use</h2> <p>The title of bishop is still retained in certain <a href="../cathen/12495a.htm">Protestant</a> churches. For its use in the <a href="../cathen/01498a.htm">Anglican Church</a> see Sir R. Phillimore. "Ecclesiastical Law in the Church of England" (new ed., 1895; F. Makeower, "Verfassung der Kirche von England" (1894), and the "Encycl. Britannica" (9th ed.), III, 788-789; cf., also O. J. Reichel. "A Short Manual of Canon Law" (The Sacraments), London, 1896, 283-'298. For its use in the national <a href="../cathen/12495a.htm">Protestant Churches</a> of <a href="../cathen/04722c.htm">Denmark</a> and Sweden, see articles treating of those countries, and for its history and use in the Evangelical churches of <a href="../cathen/12519c.htm">Prussia</a> and the <a href="../cathen/05607b.htm">European</a> continent, Jacobson-Friedberg in "Real-Encycl. f. prot. Theol. und Kirche" (3d ed., 1897), III, 246-247. For its use in <a href="../cathen/12495a.htm">Protestant</a> churches of the <a href="../cathen/15156a.htm">United States</a> see <a href="../cathen/02278a.htm">BAPTISTS</a>, <a href="../cathen/10237b.htm">METHODISTS</a>, <a href="../cathen/10570c.htm">MORMONS</a>. The antiquities and constitution of the Greek episcopate are treated by J. M. Heineccius in "Abbildung der alten und neuen griechischen Kirche" (Leipzig, 1711), and in Milasch-Pessic, "Das Kirchenrecht der morgenländischen Kirche" (Germ. tr. of 2nd ed., Mostar, 1905); the actual conditions of the Greek episcopate, <a href="../cathen/03449a.htm">Catholic</a> and Orthodox (Schismatic), are described in Silbernagl-Schnitzer, Verfassung und gegenwartiger Bestand samtlicher "Kirchen des Orients" (2nd ed., Ratisbon, 1904), <em>passim</em>.</p> <div class='catholicadnet-728x90' id='cathen-728x90-bottom' style='display: flex; height: 100px; align-items: center; justify-content: center; '></div> <div class="pub"><h2>About this page</h2><p id="apa"><strong>APA citation.</strong> <span id="apaauthor">Van Hove, A.</span> <span id="apayear">(1907).</span> <span id="apaarticle">Bishop.</span> In <span id="apawork">The Catholic Encyclopedia.</span> <span id="apapublisher">New York: Robert Appleton Company.</span> <span id="apaurl">http://www.newadvent.org/cathen/02581b.htm</span></p><p id="mla"><strong>MLA citation.</strong> <span id="mlaauthor">Van Hove, Alphonse.</span> <span id="mlaarticle">"Bishop."</span> <span id="mlawork">The Catholic Encyclopedia.</span> <span id="mlavolume">Vol. 2.</span> <span id="mlapublisher">New York: Robert Appleton Company,</span> <span id="mlayear">1907.</span> <span id="mlaurl"><http://www.newadvent.org/cathen/02581b.htm>.</span></p><p id="transcription"><strong>Transcription.</strong> <span id="transcriber">This article was transcribed for New Advent by Matthew Dean.</span> <span id="dedication"></span></p><p id="approbation"><strong>Ecclesiastical approbation.</strong> <span id="nihil"><em>Nihil Obstat.</em> 1907. Remy Lafort, S.T.D., Censor.</span> <span id="imprimatur"><em>Imprimatur.</em> +John M. Farley, Archbishop of New York.</span></p><p id="contactus"><strong>Contact information.</strong> The editor of New Advent is Kevin Knight. My email address is webmaster <em>at</em> newadvent.org. Regrettably, I can't reply to every letter, but I greatly appreciate your feedback — especially notifications about typographical errors and inappropriate ads.</p></div> </div> <div id="ogdenville"><table summary="Bottom bar" width="100%" cellpadding=0 cellspacing=0><tr><td class="bar_white_on_color"><center><strong>Copyright © 2023 by <a href="../utility/contactus.htm">New Advent LLC</a>. 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