Commissary Apostolic

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A Commissary Apostolic (Latin Commissarius Apostolicus) is Commissary (i.e. one who has received power from a legitimate superior authority to pass judgment in a certain cause or to take information concerning it) who has been appointed by the pope, hence commissary Apostolic.

A commissary is a government official charged with oversight or an ecclesiastical official who exercises in special circumstances the jurisdiction of a bishop.

History

The custom of appointing such commissaries by the Holy See is a very ancient one. A noteworthy instance is the commission issued to St. Cyril of Alexandria by Pope Celestine I, in the early part of the fifth Century, by which that holy patriarch was empowered to judge Nestorius in the pope's name. English history furnishes, among other instances, that of the commission which constituted Cardinal Wolsey and Cardinal Campeggio papal representatives for the judicial hearing of the divorce case of king Henry VIII Tudor.

Pope Celestine I pope

Pope Celestine I was Pope from 10 September 422 to his death in 432. According to the Liber Pontificalis, the start of his papacy was 3 November. However, Tillemont places the date at 10 September.

Nestorius Archbishop of Constantinople

Nestorius was Archbishop of Constantinople from 10 April 428 to August 431, when Emperor Theodosius II confirmed his condemnation by the Council of Ephesus on 22 June.

Henry VIII of England 16th-century King of England

Henry VIII was King of England from 1509 until his death in 1547. Henry was the second Tudor monarch, succeeding his father, Henry VII. Henry is best known for his six marriages, in particular his efforts to have his first marriage, to Catherine of Aragon, annulled. His disagreement with the Pope on the question of such an annulment led Henry to initiate the English Reformation, separating the Church of England from papal authority. He appointed himself the Supreme Head of the Church of England and dissolved convents and monasteries, for which he was excommunicated. Henry is also known as "the father of the Royal Navy"; he invested heavily in the Navy, increasing its size greatly from a few to more than 50 ships.

Sometimes Apostolic commissions are constituted permanently by the Holy See. Such are the various Roman congregations presided over by the cardinals.

The full extent of the authority of commissaries Apostolic must be learnt from the diploma of their appointment. The usual powers which they possess, however, are defined in the common law of the Church. Commissaries can be empowered not only for judicial but also for executive purposes. When a papal commission mentions explicitly certain persons and certain things as subject to the authority of a commissary, and then adds in general that "other persons and other things" (quidam alii et res aliœ) are also included, it is understood that the latter phrase refers only to persons and things of equal or lower importance than those that are expressly named, and under no circumstances can the commissary's power extend to what is higher or more dignified (Cap. xv, de rescript.). If a bishop be appointed commissary Apostolic in matters that already belong to his ordinary (mainly diocesan) jurisdiction, he does not thereby receive a delegated jurisdiction superadded to that which he already possessed; such an Apostolic commission is said to 'excite', not to alter, his ordinary jurisdiction.

A bishop is an ordained, consecrated, or appointed member of the Christian clergy who is generally entrusted with a position of authority and oversight.

As a Commissary Apostolic is a delegate of the Holy See, an appeal may be made to the Pope against his judgments or administrative acts.

When several commissaries have been appointed for the same case, they are to act together as one; but if, owing to death or any other cause, one or other of the commissaries should be hindered from acting, the remaining members have full power to execute their commission. In case the commissaries be two in number and they disagree in the judgment to be given, the matter must be decided by the Holy See.

A commissary Apostolic has the power to subdelegate another person for the cause committed to him, unless it has been expressly stated in his diploma that, owing to the importance of the matter at issue, he is to exercise jurisdiction personally.

By the plenitude of his power, the Pope can constitute a layman commissary Apostolic for ecclesiastical affairs, but according to the common canon law only prelates or clerics of the higher orders should receive such a commission (Lib. Sext., c. II, de rescr., 1, 3). The Council of Trent (Sess. XXV, c. xvi, de Ref.) prescribes that each bishop should transmit to the Holy See the names of four persons capable of receiving such delegation for his diocese. It has consequently become customary for the Pope to choose commissaries Apostolic from the locality where they are to investigate or pass judgment or execute a mandate.

Prelate high-ranking member of the clergy

A prelate is a high-ranking member of the clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin prælatus, the past participle of præferre, which means "carry before", "be set above or over" or "prefer"; hence, a prelate is one set over others.

Council of Trent Synod

The Council of Trent, held between 1545 and 1563 in Trent, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation, it has been described as the embodiment of the Counter-Reformation.

Sources

PD-icon.svg  This article incorporates text from a publication now in the public domain : Herbermann, Charles, ed. (1913). "article name needed". Catholic Encyclopedia . New York: Robert Appleton.

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<i>Catholic Encyclopedia</i> English-language encyclopedia

The Catholic Encyclopedia: An International Work of Reference on the Constitution, Doctrine, Discipline, and History of the Catholic Church, also referred to as the Old Catholic Encyclopedia and the Original Catholic Encyclopedia, is an English-language encyclopedia published in the United States and designed to serve the Roman Catholic Church. The first volume appeared in March 1907 and the last three volumes appeared in 1912, followed by a master index volume in 1914 and later supplementary volumes. It was designed "to give its readers full and authoritative information on the entire cycle of Catholic interests, action and doctrine".

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