CHAPTER
583
CHAPTER
and the dogmas of the Faith, and also to treat ques-
tions pertaining to moral theology. A canon peni-
tentiary is likewise to be appointed (Sess. XXIV,
cap. viii) with power to hear confessions in the whole
diocese. As to other dignitaries or officials of the
chapter, there is no uniformity among the various
capitular bodies. The Council of Trent approved
of this variety (Sess. XXV, cap. vi), and hence the
peculiar statutes it customs of each chapter or dio-
cese or country must be examined to know what
dignitaries, in addition to those mentioned, form part
of the capitular body. Among such other officials
may be named the custos, primicerius, portarius,
precentor, hospitalarius, eleemosynarius or almoner,
and camerarius or chamberlain. Punctator and
hebdomadarius are not distinct offices but special
functions committed to certain canons.
Other Members of the Chapter. — These are called by the general name of capitulars or canons. The division of such canons into seniors and juniors, residential and forensic, prebendalandsemi-prebendal, etc., belongs rather to archaeology. The number of simple canons is not fixed by a general law of the Church, and the bishop can, with the consent of his chapter, increase their number, except in cases where the pope has absolutely determined how many canons shall compose a particular chapter. In the latter case no new capitulars can be added except by Apos- tolic authority. Honorary canons have neither a canonry nor a vote in the chapter, but they are en- titled to a stall in the choir. The number of such honorary canons must not exceed that of the titular ones. Leo XIII prescribed in 1894 that a bishop is not to nominate to an honorary canonship a subject of another diocese, without the consent of the chapter and the goodwill of the candidate's own ordinary. The honorary canons who do not belong to the diocese must never be equal to the third part of all the capitulars. In England and Scotland the number of canons is usually ten, and the president is called pro- vost. In Ireland the chapter is presided over by a dean, and besides the canons penitentiary and theo- logian, there are usually also a number of other dignitaries.
Rights and Duties of Capitulars. — Cathedral canons (capitulars) have precedence, after the bishop or vicar-general, over all the diocesan clergy when th y go in procession as a chapter. They have also a certain pre-eminence, so that they may be made judges delegate of the Holy See in preference to the other clergy and to canons of collegiate churches. They also wear certain honorary insignia, as a ring, a cross, a violet Boutane, etc., and sometimes even the mitre. Leo XIII decreed in 1894 that canons of minor basilicas in Rome can use such insignia only within their churches, and that canons "outside the city" can employ them only within their dioceses. A capitular has a right to receive his prebend or ine.mie from the day of installation. He likewise has a place and vote in the chapter and a stall in tic choir. He is obliged to make a profession of faith before the bishop or his vicar at a meeting of the chapter, within two months of his installation. Residence near tic cathedral church is required, as his duties arc to be performed personally and not by substitutes, except in very rare cases. The con- ventual Mass is to be assisted at daily by the canons according to their rotation. If the Mass be offered for benefactors, all must be present. Choir service is also of obligation, and the canons must not merely assist but also chant the psalms. Absence is allowed only for a legitimate cause or through dispensation of the proper ecclesiastical authority. They must assist at the deliberations of the chapter and fulfil whatever duties may be imposed upon them by it unless legitimately excused. When the bishop cele- brates Mass or takes part in other pontifical func-
tions, the capitulars must assist him according to the
form prescribed in the "Ceremonial of Bishops" and
the "Roman Pontifical". They are also to accom-
pany the bishop when he goes in procession to the
cathedral, and after the service they must go with
him to the church door in a body.
Capitular Meetings. — Chapters, being true eccle- siastical colleges in the strict sense of the word, have all the rights such bodies possess by their nature or by the positive sanction of law. ( 'onsequently, they can hold sessions, ordinary or extraordinary, to expe- dite matters concerning the chapter. By common law, they need no previous approbation of the bishop for such meetings, but the bishop can require that they give him notice of a capitular congregation and of the resolutions approved by it. The convocation of the chapter to consider its own affairs belongs to the dean or provost, except where a particular statute intervenes. The bishop convokes it when it is to treat of diocesan matters. All the canons present in the city are to be called to meetings of the chapter. At times even those absent are to be summoned, as for the election of a prelate, the reception of new- canons, etc. The meeting is to be held at the pre- scribed time and place. Two-thirds of the capitulars form a quorum, according to the regulations of some chapters; canon law requires only a majority. Busi- ness is to be transacted by a general ami public delib- eration, followed by a vote. This vote need not be unanimous, unless the subject matter refers to the canons as individuals. The chapter has authority to make laws for itself, provided they lie not contrary to the general canon law. These statutes, according to the prevailing discipline, must be approved by the bishop. In particular cases, where there is a tie vote, the dean or bishop has the casting vote or a double suffrage. Like every other ecclesiastical corporation, the chapter has the right of possessing and adminis- tering the property over which it has the dominion. Consequently the chapter can appoint its ow r n offi- cials to administer its possessions, even without the ordinary's approbation. The supreme administrator of capitular property, as the dean or other dignitary, is to be determined by local statutes or customs.
Chapters Sede Plena. — As the chapter constitutes the diocesan senate, the bishop is obliged to ask its counsel or consent for various administrative acts. Where consent is required, the bishop cannot validly proceed against the will of the capitulars. Where only counsel is prescribed, the ordinary fulfils his obligation by asking their advice, but be is not con- strained to follow it. In some cases defined by law, the acts of the bishop are null, if the counsel of the chapter be not asked. The consent of the chapter is requisite in general for all matters of grave impor- tance, especially such as place a perpetual obligation on the diocese or on property, unless the bishop is allowed greater liberty either by custom or Apostolic delegation. In particular, the consent of the capitu- lars is necessary for buying, selling, or alienating ec- clesiastical property; for mortgaging church property, for uniting, dividing, or suppressing spiritual benefices or parishes; for erecting new canonries, even honorary ones; for collating to benefices, if the right be held by the chapter conjointly with the bishop; for nomina- ting prosynodal examiners: for assuming a temporal? coadjutor for the bishop; for committing parish churches to regulars; for imposing new taxes or con- tributions on the diocese; for measures that would be prejudicial to the chapter or diocese, because the
chapter is the lawful defendant of diocesan rights. The counsel of the chapter is to be asked for the mak- ing and promulgating of new diocesan laws, whether composed in the synod or out of it; for correcting and punishing the faults of clerics; for the building of new monasteries; for administrative acts of some moment , as in appointments to parishes and other diocesan
