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Canonical Elections

por Daniel M. Galliher

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There is no institution, perhaps, that occupies a more prominent place in the entire history of ecclesiastical legislation than canonical election. For the Church during the almost twenty centuries of her active life has promulgated for no other institution such a vast and varied array of enactments, decrees, and constitutions.This ancient method of ecclesiastical provision established by the Twelve in the designation of their successors at times almost lost itself in the perilous conditions and numerous persecutions of the early Church, only to come forth time after time with renewed strength and vigor. During the first centuries of the Christian era the system remained weak, unstable, and undetermined. And even long after peace had been established in the Church, it failed to take on a definite form. The Church by her laws and decrees had continually endeavored to place canonical election on a firm and orderly basis, but through circumstances of times, places, and persons, her efforts were frustrated, and it was not until the celebration of the Fourth Lateran Council in 1215 that she succeeded in accomplishing her end. Canonical elections in the early Church were limited to the designation of the successors of Saint Peter, and to the nomination of bishops. But the rise and growth of religious orders occasioned an extension in the discipline of canonical election, which became the natural and ordinary way of selecting religious superiors. The method adopted by religious institutes was later introduced into the chapters of the secular clergy. The chapters of cathedral churches not only obtained the exclusive right of electing bishops, but also of providing for other dignities and capitular offices by canonical election.And after weathering the storms of twenty centuries the institution of canonical election still occupies an important position in the ecclesiastical discipline of today. For not only Roman Pontiffs, but also many bishops are thus chosen. Vicar capitulars are placed over vacant sees by canonical election of cathedral chapters. This mode of provision is also used to a large extent among regulars and in congregations of men and women under simple vows. But perhaps nowhere does it obtain with more accuracy and universality than in the distinctively democratic legislation of the Order of Friars Preachers, where not only generalsand provincials, but even local prelates are canonically elected.The writer, having the happy privilege of belonging to this religious institute, in which canonical election with all its solemnity plays so prominent and important a role, has thought it well worth the while to make a careful study of the legislation on the matter. It is well nigh impossible to find a clear and concise notion of the doctrine, for the various decrees and constitutions dating far back into the centuries are filled with innumerable difficulties and obscurities. The subject is too vast and extensive to allow a complete exposition of it within the limits of this dissertation, but the more important features pertaining to the matter have been carefully set forth. Avoiding wearisome and confusing details, the writer has tried to set forth whatever is included in the sacred canons as briefly and as clearly as the matter itself may allow.The subject will be treated under the following heads: 1. The historical and juridical concepts of canonical election. II. The conditions for active and passive voice. III. The forms of election and vitiating circumstances .. IV. Subsequent acts. V. The present discipline of electing a Roman Pontiff, and the recent legislation on the method of proposing candidates for bishoprics in the United States.… (más)
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There is no institution, perhaps, that occupies a more prominent place in the entire history of ecclesiastical legislation than canonical election. For the Church during the almost twenty centuries of her active life has promulgated for no other institution such a vast and varied array of enactments, decrees, and constitutions.This ancient method of ecclesiastical provision established by the Twelve in the designation of their successors at times almost lost itself in the perilous conditions and numerous persecutions of the early Church, only to come forth time after time with renewed strength and vigor. During the first centuries of the Christian era the system remained weak, unstable, and undetermined. And even long after peace had been established in the Church, it failed to take on a definite form. The Church by her laws and decrees had continually endeavored to place canonical election on a firm and orderly basis, but through circumstances of times, places, and persons, her efforts were frustrated, and it was not until the celebration of the Fourth Lateran Council in 1215 that she succeeded in accomplishing her end. Canonical elections in the early Church were limited to the designation of the successors of Saint Peter, and to the nomination of bishops. But the rise and growth of religious orders occasioned an extension in the discipline of canonical election, which became the natural and ordinary way of selecting religious superiors. The method adopted by religious institutes was later introduced into the chapters of the secular clergy. The chapters of cathedral churches not only obtained the exclusive right of electing bishops, but also of providing for other dignities and capitular offices by canonical election.And after weathering the storms of twenty centuries the institution of canonical election still occupies an important position in the ecclesiastical discipline of today. For not only Roman Pontiffs, but also many bishops are thus chosen. Vicar capitulars are placed over vacant sees by canonical election of cathedral chapters. This mode of provision is also used to a large extent among regulars and in congregations of men and women under simple vows. But perhaps nowhere does it obtain with more accuracy and universality than in the distinctively democratic legislation of the Order of Friars Preachers, where not only generalsand provincials, but even local prelates are canonically elected.The writer, having the happy privilege of belonging to this religious institute, in which canonical election with all its solemnity plays so prominent and important a role, has thought it well worth the while to make a careful study of the legislation on the matter. It is well nigh impossible to find a clear and concise notion of the doctrine, for the various decrees and constitutions dating far back into the centuries are filled with innumerable difficulties and obscurities. The subject is too vast and extensive to allow a complete exposition of it within the limits of this dissertation, but the more important features pertaining to the matter have been carefully set forth. Avoiding wearisome and confusing details, the writer has tried to set forth whatever is included in the sacred canons as briefly and as clearly as the matter itself may allow.The subject will be treated under the following heads: 1. The historical and juridical concepts of canonical election. II. The conditions for active and passive voice. III. The forms of election and vitiating circumstances .. IV. Subsequent acts. V. The present discipline of electing a Roman Pontiff, and the recent legislation on the method of proposing candidates for bishoprics in the United States.

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