CANON
254
CANON
present at the Chapter Masses unless legitimately
excused. There is the further obligation of residence
by which no canon may be absent from liis choir
duties for more than three months in any year. As
mentioned above, the canon must make his profession
of faith within two months of his appointment; he is
likewise bound, and may be compelled by penalties,
to attend the regular meetings of the chapter, and,
finally, he must attend the Advent and Lenten ser-
mons under penalty of losing his distributions or that
portion of his revenues dependent on his personal
presence at the church offices.
Rights (General).— The rights of the canons inde- pendently of the bishops are mainly concerned with matters that have reference to the administration of the chapter itself, e. g., the way in which the daily stipend is to be distributed; the order in which the canons are to be summoned to choir and chapter, etc., but they can do nothing to the disadvantage of the cathedral church or in contravention of ancient customs without the consent of the bishop. Thejj could not, e. g. , allow a canon more than three months' non-residence, or exercise ownership over the prop- erty of the cathedral, or receive foundation Masses. There are, however, some things which, according to the canon law, the bishop cannot do without the consent of the chapter, and other things which he cannot do without the counsel of the canons. Con- sent means the approval by the major et sanior pars (a majority, provided it be made up of the more prudent members). Counsel means consultation with the chapter before action, to prevent precipitation on the part of the bishop. When this consultation is neces- sary (i. e. provided for by the law), the act would be invalid without it, but the bishop is not bound to follow the counsel of the chapter. The consent of the chapter is required in the following cases: for the alienation of immovable property of value belonging to the cathedral, the chapter, or the inensa of the bishop, i. e. his endowment; for conferring benefices the collation of which belongs to the bishop and chapter conjointly; for the suppression of canonries and the uniting of simple benefices on account of the smallness of the prebends; for uniting benefices for any other reason; for the increase or decrease of the number of the canons; for any proceedings seriously prejudicial to the canons or their successors; for the ordering of a special feast; for the surrogation of examiners or similar officers outside the time of synod. The counsel of the canons is required: when the bishop has to make pecuniary provision out of the income of the diocese in order to provide lectures in Scripture, theology, or grammar for the clergy; for dividing the prebends of the canons into subdiaconal, diaconal, and sacerdotal prebends; for decreeing processions; in making synodal decrees. It may be noted that lawful custom makes the bishop independent of the advice of his canons in the matter of synodal decrees (Ferraris. Bibl. Prompts, s. v. Capitulum., art. 2, n. 9). The special rights of canons are chiefly con- cerned with the government of the diocese on the death or translation of the bishop. As soon as the sec becomes vacant all the ordinary episcopal juris- diction passes to the chapter, and also all that by custom belongs to the bishop. The real privileges belong to the canons, but not the personal privileges. They also succeed to those powers which have been perpetually delegated. If the chapter be reduced to one, that one can elect a vicar capitular, but he can- not elect himself. While the see is vacant t he canons cannot make any innovations, but within eight days ,,i the vacancy they must meet for the purpose of electing one who is to rule the diocese in the name of the chapter. The election is secret and a bare major- it v suffices. .
Insignia.— Canons when present m choir lor the Divine Office must wear the canonical dress. The
choir or canonical dress consists of a black cassock
(without train) and the cotta or surplice. Addi-
tional articles of dress, e. g. the cappa or hooded cape
and a cassock of different colour, e. g. purple, are not
to be worn unless specially granted by the Holy See.
If the canon be a bishop he should wear the rochet
and mantelletta over his purple cassock. Special
privileges of dress have been granted to many chap-
ters by the Holy See either when the chapter was
erected or afterwards by particular indult. In all
cases the terms of the indult must be carefully ob-
served. It is to be noted that canons are never allowed
to wear over the cassock the rochet only. Generally
speaking, the canonical dress may be worn at func-
tions for which the surplice is not prescribed, but only
in the cathedral church or when in another church the
canons are present as a body (capitidariter) , three
canons being sufficient to represent the chapter in
this way. Consequently the canons may not wear
the choral dress in a diocese other than their own, nor
may an individual canon wear his habit in a church
which he is serving either permanently or for a time.
The pilcohis (skull cap) and biretta are not, strictly
speaking, part of choir dress.
Precedence. — If, as in many instances is the case, the prebends are distinct, the order of precedence is: dignitaries, canons of sacerdotal order, canons of diaconal order, and canons of subdiaconal order. The dignitaries take precedence among themselves according to statutes or well-established custom. If the remainder of the prebends are all of the sacerdotal order and all the holders are priests, they take prece- dence according to priority of taking possession of their canonries. The offices of canon theologian, canon penitentiary, etc., do not entitle the holders to any precedence. The precedence given to a vicar- general, if a canon, only belongs to him when wearing the dress proper to his office.
Status of Canons in England. — The following is a summary of the legislation of the synods of Westmin- ster. The chapter consists of ten canons and one dignitary who is called the provost. (In some dio- ceses the number of canons has been increased.) A canon theologian and a canon penitentiary must be appointed, by concursus, for each chapter, but there is no distinction into sacerdotal, diaconal, and sub- diaconal canons. The pope appoints the provost, and he also nominates to canonries becoming vacant in January and the alternate months of the year. In February and the other alternate months the appoint- ments belong in turn to the bishop and the chapter. The canons do not actually make the appointment, but they send in to the bishop a list of three names and the bishop may choose one of three. By a recent decree of Propaganda (2 April, 1903) three honorary canons are allowed to each diocese, and in certain dio- ceses special indults have been granted with regard to the choir dress and the times when it may be worn. The canons meet once a month, and their choir obli- gations are limited to a portion of the Office on the day of meeting. Regarding the election to a vacant bishopric, the canons in England have only the right to make a recommendation of three candidates whom they deem to be suit able (cf. decrees of Cong of Prop- aganda, 5 Apr., 1851; 21 Apr.. lS-VJ: L>1 Jan., 1855, and -Collect. S. Cong, de Pp. p. Fide". Home. 1906). In Ireland, as in Scotland and other countries where the law of the Church is not in full vigour, the powers and duties of canons are much restricted, in fact their Status is mainly honorific, although in some isolated dioceses a near approach is made to the legislation which governs cations in F.nglatul. For the status of cations in the ecclesiastical province of Quebec, see Gignac, "Compendium juris, .-eel. ad usum clcri Canadensis" (Quebec, 1901), De Personis, Nos. 493-94.
In addition to the special members of a chapter
