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Show CONSIDERATIONS ON CANON LAW. (Freeman's Journal.) If there is but one applicant for an ir-lemovable ir-lemovable rectorship, still he must undergo un-dergo the examination as prescribed by the Third Plenary Council of Baltimore, under the direction of the Sacred Congregation Con-gregation of the Propaganda. It is necessary nec-essary that his iitness for the position should be positively declared by the examiners. ex-aminers. These examiners are always to be selected by prescription of thti law, in the synod, and must be approved ap-proved and found satisfactory by the clergy in the synod, though the choice of those to be presented to the synod is made by the bishop. It is prescribed - that at least six examiners shall be ap- j X "X 'pointed at the synod; their term of office is to last for the time which the law allows to elapse till the calling of another synod. They are obliged to take an oath to be impartial and to do justice toward those who are examined, and not allow themselves to be swayed by personal favor or profit The requirement re-quirement that at Jeast six synodal examiners ex-aminers shall be appointed deserves special attention, because it implies that it is desirable that more than six shall be selected. The advisability of this increase in the number to be appointed ap-pointed is seen from the avoidance of a complication, which supervenes,' where the general law is in force, if for any pood reason there should occur a pro-I pro-I longation of the time for the assembling ' of the next synod. Those selected in the synod because approved and found satisfactory by the assembled clergy would hold over till the calling of the next synod, and would thus be available avail-able as legitimate examiners for the conferring of parishes. On the other hand, if only six were chosen, whilst, 1 during the period fixed by law, the va-J va-J cancy by removal for cause or by resignation, res-ignation, or by death, could be filled J through the choice of the bishop, yet i this one's selection would only hold I good till the time appointed by law for the convening of the next synod and then the other five would also cease to ; be holders, because of the prescription that at least six are to be selected in the synod. This has been such a fixed practice as to give it the force of an authentic interpretation of the law. In case there were a legitimate impediment impedi-ment in the way of holding a synod, the bishop would have a remedy by obtaining obtain-ing from the Holy See a dispensation to appoint the examiners outside the synod; this dispensation would hold good only till the time to which the synod was postponed by law, and if it were found again impracticable to call the synod, after each intervening period a renewal of the dispensation would be necessary This emphasizes the importance of the submission of the names of the synodal examiners to the approval and satisfaction satis-faction of the clergy at the synod. The omission of it might involve the validity val-idity of the conferring of an irremovable irremov-able parish. This has occurred, but whenever the supreme authority was persuaded that the defect in the choice of synodal examiner was the result of forgetfulness, or occurred in good faith, it has made good the appointment appoint-ment to parishes, even though made in consequence of examiners whose title was defective. However, in this country a more general privilege is given to the bishops to appoint the examiners, after the advice of the consultors, outside the synod. It is prescribed that the examination for the irremovable rectorship rec-torship shall take place before at least three of these synodal examiners in the presence of the bishop or his vicar-general. The synodal examiners should be recognized as eminent for their lea!ri- ; mg, and hence those are generally se-! se-! iected who have obtained the testimony to their knowledge which is given by I the official degrees of the doctorship or the license to teach. Yet these degrees : are not a necessary condition for the i choice. Where a bishop finds it very inconvenient to bring three of these I examiners together for the purpose, he is permitted by the Council to do with less. However, neither the bishop nor I the vicar-general takes an active part I in the examination, nor has either a j vote 3 to the fitness of the candidates, except where the votes should be so I scattering as to make a selection I otherwise impossible. This prescription shows that very much importance is attached to the perfect freedom of the examiners. It involves also very clearly that the examiners are to fix the variety var-iety of grades of merit in the different subjects of the examination. It is. moreover, prescribed that in case of the tie which gives the bishop or vicar-general vicar-general the privilege of the vote, this vote mu6t be given there and then and cannot be postponed, because it is to be considered a part of the examination on which the law founds the right of the candidate to obtain the position, and the obligation of the bishop to give it to the one whom the examination proves to be the more worthy. j A FRIEND OF LAW. |