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Show CONSIDERATIONS ON CANON LAW. In each diocese the Bishop is recognized recog-nized as the Lawmaker, Administrator and Judge. His is the ordinary care of the flock, and he has the right to make regulations which he deems useful use-ful for the end for which his po welcomes wel-comes to him from his office, that is, the sanctification of those who are his subjects. There are necessary limitations limita-tions to his jurisdiction which come from the ordinance of Christ; there are restrictions imposed upon him by the laws of the Universal Church, and all his authority is subordinate to that of the Supreme Pastor, the successor of St. Peter in the bishopric of Rome. The Congregation of the Propaganda is the ordinary medium through which the Pope makes known his decrees to the hierarchy and faithful in the United States. For a time, it was hazily outlined out-lined that the first Apostolic Delegate to the United States, having come to these shores by direct act of the Pope was likely to introduce a new order into the relations of the Church of the United States, taking it possibly out of the usual category of missionary countries; coun-tries; but whatever expectations of change there may have been were set at rest when the authority of the Apostolic Delegate was clearly made subordinate to the Congregation of the Propaganda. The Apostolic Delegate is now recognized as the ordinary representative repre-sentative of the Propaganda in its administrative ad-ministrative but not in its judicial capacity; he obtains representation in the judicial capacity only by special delegation. This distinction brings to our minds what may be of interest, perhaps useful, use-ful, during the present year of the Universal Jubilee. If the Apostolic Delegate is the ordinary ordin-ary representative of the Propaganda I in its administrative capacity (as much as a vicar-geeieral is the alter ego of ' the bishop), and as the Congregation of the Propaganda has we believe, for all missionary countries the ordinary power of absolving in cases reserved to the Pope, of relaxing censures, of commuting vows, of dispensing in any irregularities and impediments, its ordinary representative in its administrative admin-istrative capacity is very likely to have the same ordinary power. Undoubtedly Un-doubtedly when the Pope in his decree for the year of the Universal Jubilee susnends and decrees to hp nhsnlntplv inoperative all faculties and indults of absolving in cases reserved to the Holy See, of relaxing censures, of commuting com-muting vows, of dispensing in any irregularities, ir-regularities, and impediments to whomsoever whom-soever and in whatsover manner these faculties and indults may have been granted, he did not withdraw any power to be- exercised by the Congregation Congre-gation of the Propaganda itself which is tlfe alter ego of the Pope. If in these powers the Apostolic Delegate is the ordinary representative of the Propaganda, the Pope's decree would not be likely to withdraw any of his ordinary powers. Dr. Meehan, in his Compendium of Canon Law, on page 75, says that the Apostolic Delegate in the United States has the same power in regard to matrimonial matri-monial and other dispensations as our bishops. But this may mean simply thatit is the same as to the extent of the poweT, nof as to the character of the jurisdiction of the Apostolic Delegate. Dele-gate. The Apostolic Delegate's administrative admin-istrative power is ordinary, as the ju-risdSction ju-risdSction of the Bishop's Vicar General is ordinary. If the faculties above mentioned are therefore, a part of the Apostolic Delegate's ordinary jurisdiction, jurisdic-tion, they would not be likely to be touched by the Pope's decree unless expressly mentioned. Where there is ordinary jurisdiction, it is an accompaniment accom-paniment of the office held; its powers are not said to be granted to the holder. hol-der. To the bishops these powers are granted by the Holy See, and are not a part of the ordinary jurisdiction. Much depends upon the wording used in the appointment of the Apostolic Delegate. It undoubtedly would be a great convenience in cases of urgency to have recourse to his power of dispensing dis-pensing and relaxing, while all the special grants made to the bishops are withdrawn during the year of the Universal Uni-versal Jubilee. This apparent digression from the consideration of the authority of bishops bish-ops over their dioceses will not be found amiss if it calls our attention to the distinction between their ordinary and their delegated powers. Ordinary power flows from the office, and is founded on law or custom, and is so much one's own that he may transfer it to another, unless this is forbidden by law, and its exercise to its full extent ex-tent may be passed to another, even to the substitution of another, for a brief time in h'is position. Thus a bishop appoints during his absence from his diocese, an administrator with full authority. Formerly a parish priest, because having ordinary jurisdiction, juris-diction, could give faculties to hear confessions in his parish; today this has been taken away by law. Delegated authority is a grant from him who has ordinary power; it comes from his favor, and cannot be sub-delegatedunless, of course, this power of sub-delegation be granted. A FRIEND OF LAW. |