Cardinal Vicar - Authority

Authority

According to the oldest known decree of nomination, 13 February 1264, both Romans and foreigners were subject to the jurisdiction of the vicar. In this document, however, neither the special rights of the vicar nor the local extent of his authority are made known, but it is understood that the territory in question is the city of Rome. On 27 June 1288, the vicar received the rights of "visitation, correction and reformation in spiritual matters .…. of dedicating churches and reconciling cemeteries, consecrating altars, blessing, confirming, and ordaining suitable persons from the city". On 21 July 1296, Pope Boniface VIII added the authority to hear confessions and impose salutary penances. On 6 July 1202, the following variant is met with: "to reform the churches, clergy, and people of Rome itself", and the additional right to do other things pertaining to the office of vicar.

His jurisdiction over all monasteries is first vouched for 16 June 1207. The inclusion among these of monasteries, exempt and non-exempt and their inmates, without the walls of Rome, was the first step in the local extension of the vicar's jurisdiction. He was also empowered to confer vacant benefices in the city. For a considerable length of time the above-mentioned rights exhibit the fulness of the vicar's authority.

Special commissions, however, multiply in this period, bearing with them in each case a special extension or new application of authority. Under Pope Clement VI (1342-52) the territory of the vicar-general's jurisdiction was notably increased by the inclusion of the suburbs and the rural district about Rome. Until the time of Pope Benedict XIV (1740-58) this was the extent of the vicar's jurisdiction. By the "district of the city of Rome" was understood a distance of forty Italian miles from the city walls. Since, however, the territory of the suburbicarian sees lay partially within these limits, the vicar came to exercise a jurisdiction concurrent with that of the local bishop and cumulatively. This was a source of frequent conflicts, until 21 December 1744, when the local jurisdiction of the suburbicarian bishops was abolished by Benedict XIV, insofar as their territory fell within the above-mentioned limits.

In the course of time the vicar acquired not only the position and authority of a vicar-general, but also that of a real ordinary, including all the authority of the latter office. This is quite evident from his acquired right of subdelegation whereby he was allowed to name a vicegerens, his representative not alone in pontifical ceremonies (as many maintain), but also in jurisdiction. For the rest, being already delegatus a principe he can canonically subdelegate.

By a Constitution of Clement VIII, 8 June 1592, the vicar's right to hold a visitation ordinary and extraordinary of churches, monasteries, clergy, and the people (dating from 16 June 1307) was withdrawn in favour of the Congregatio Visitationis Apostolicæ, newly founded, for the current affairs of the ordinary visitation. Henceforth this duty pertains to the vicarius urbis only insofar as he may be named president or member of this congregation, the prefect of which is the pope himself. The great "extraordinary" visitations, held generally at the beginning of each pontificate, were executed by a specially-appointed commission of cardinals and prelates, the presidency of which fell by custom to the vicar. The Congregation of the Visitation was quite independent of the vicar, being constituted by Apostolic authority.

In 1929, with the establishment of Vatican City, Pope Pius XII removed Vatican City State from the authority of the Cardinal Vicar. Pope John XXIII established that the offices of the vicarate would be located at the Lateran Palace. Pope John Paul II reorganized the vicarate with the Apostolic constitution Ecclesia in Urbe, to bring the structure of the vicarate more in line with the 1983 Code of Canon Law.

The authority of the vicar does not cease with the pope who appointed him. But should he die during a vacancy of the Holy See, his successor cannot be appointed by the College of Cardinals; all current affairs are transacted by the vicegerens who thus becomes a quasi vicar capitular. Theoretically at least, the vicar may hold diocesan synods; he could also formerly grant a number of choir-benefices. Pope Leo XIII reserved this right in perpetuity to the pope.