Commissary Apostolic
Encyclopedia
A Commissary Apostolic
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.
, 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
.
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.
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 prelate
s 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.
is Commissary
Commissary
A commissary is someone delegated by a superior to execute a duty or an office; in a formal, legal context, one who has received power from a legitimate superior authority to pass judgment in a certain cause or to take information concerning it.-Word history:...
(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.
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 IPope Celestine I
Pope Saint Celestine I was elevated to the papacy in the year 422, on November 3 according to the Liber Pontificalis, but on April 10 according to Tillemont....
, in the early part of the fifth Century, by which that holy patriarch was empowered to judge Nestorius
Nestorius
Nestorius was Archbishop of Constantinople from 10 April 428 to 22 June 431.Drawing on his studies at the School of Antioch, his teachings, which included a rejection of the long-used title of Theotokos for the Virgin Mary, brought him into conflict with other prominent churchmen of the time,...
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
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
.
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
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
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.
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 prelate
Prelate
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.-Related...
s or clerics of the higher orders should receive such a commission (Lib. Sext., c. II, de rescr., 1, 3). The Council of Trent
Council of Trent
The Council of Trent was the 16th-century Ecumenical Council of the Roman Catholic Church. It is considered to be one of the Church's most important councils. It convened in Trent between December 13, 1545, and December 4, 1563 in twenty-five sessions for three periods...
(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.