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Show CONSIDERATIONS ON CANON LAW. The Church recognizes herself as a perfect society, having full and absolute abso-lute right to make laws for her own government, within ier own sphere, to which all the members of the Church are bound to submit. The Pone is the lawmaker for the Universal Church, the Bishop is the lawmaker for his own diocese. The Pope, as Supreme, has no restrictions except the limitations imposed im-posed by her Author, Jesus Christ; his laws must, however, be in accord with right reason and directed to the welfare of the Church. The Pope has surorunded himself by numerous congregations con-gregations of the most learned ecclesiastics, eccles-iastics, the most important being of Cardinals and prelates, aided by many priest consultors. Each of these congregations con-gregations has special subjects which are submitted to its examination. Whatever laws are made by the Pope have undergone a thorough preparation, prepara-tion, that they may. escape the risk of opposition to former regulations, with out provision being maae ior ineir recall. re-call. A Bishop's authority has many limitations, because he may make no regulation in contradiction of the laws made for the Universal Church. The law surrounds him by a diocesan senate, whose advice or consent is more or less necessary to make his action ac-tion legal. It is recognized that in this missionary country all? the restrictions laid down by the Canon Law for the limitation of episcopal ' authority cannot can-not be enforced. Many circumstances connected with the , civil government and its laws suggest madifications of the earlier laws. For some reason the establishment of regular Chapters of Canons, was deemed not in perfect accord ac-cord with the spirit of the. American , people. Perhaps their permanency was considered . distasteful-, or perhaps the character of being rather close corporations, corpor-ations, In which the Bishop and the canons went on filling up the occurring vacancies alternately, seemed to take away all interest and part in them, from the rest of the clergy, who would have nothing to do with their selection. selec-tion. The arrangement was made that in this country Diocesan Consultors should be appointed for three years; six, or at least four, should be appointed ap-pointed in each diocese. In some dioceses dio-ceses where it would be Impossible to obtain the four; a concession is made that two, but not less, shall be appointed. ap-pointed. The clergy of the diocese have the privilege of proposing names for one-half of the consultors, but not in any definite way; for each consultor three separate names are to be offered, from whom the Bishop chooses the one acceptable to him. There is sufficient evidence even in the wording of the law that it was intended that the clergy were to have the privilege of agreeing among themselves upon the determination of the three names for each consultor thus, where three were to be appointed, they might agree upon six names. The practice, however, in some dioceses has been that the priests separately and scatteringly send in the nine or six names, thus easily, especially espec-ially where there is a 'large body of diocesan clergy, presenting twenty or thirty candidates, with fairly equal votes', instead ofthe three for each con sultor, from which the law seems to indicate that the Bishop is to choose those that fall to the choice of the clergy. The other half of the consultors. is left entirely to the determination of the Bishop. At first it was thought that the Vicar General was ineligible to the position po-sition of diocesan consultor, but the privilege was obtained that in this country he could be appointed. Some bishops even thought that this was the more desirable arrangement. In case of a removal by death of a consultor, his successor for the remainder re-mainder of the term may be appointed by the Bishon. after taklnc tVia of the other consultors. A consultor may also be removed for just cause, such as permanent illness, and much more if he has done something seriously-unworthy seriously-unworthy of such an honorable position, posi-tion, or through any misfortune has incurred public obloquy. The cause of the removal must be submitted to the other consultors, whose advice also is 1 again necessary for the selection of his successor. If the Bishop should die during the term of three years for which they were properly selected, they will continue in this office until the accession ac-cession of the new Bishop, whose duty it will be to have a new selection of cunsuuors within six months from the time of his consecration as Bishop. One of the privileges of these consultors 13, with the irremovable rectors, to take part in the nomination of candidates to fill the vacancy in the diocesan bishopric. bish-opric. Their appointment, however, lapses ordinarily at the end of the three years, for which only their selection holds good. If by any oversight a new selection of consultors should not be made at the end of the appointed time, and the Bishop should die after it, the nomination of the candidates for the bishopric would belong to the irremovable irremov-able rectors alone as direct representatives representa-tives of the diocese. . Bishops are required re-quired by the law to call a meeting of the Diocesan Consultors four times a year, at fixed periods; where this is really impossible twice will suffice. They are to be called in consultation oftener, whenever action is to be taken on any of the matters which the law requires shall not be done until their advice has been given. It is expressly provided that their advice ad-vice asked separately and apart is not that which the law exacts. They are to meet together to confer, and if they think it advisable they may claim the right of secret ballot for giving their suffrage and determination. The advice given must be officially recorded and preserved for future knowledge and guidance, lest the acts of the Bishop may appear illegal and lose their binding bind-ing power, because of the absence of the authentic proof of his having asked the advice in the matters where the law requires that it should be asked. A Friend of Law, in the New York Freeman's Journal. |