ELECTION
378
ELEUTHERIUS
pacity of vicars capitular. This was done by Pius IX
in the Constitution "Romanus Pontifex" (28 August,
1873), which recalls and renews the measure taken by
Boniface VIII. In tliis Constitution the pope de-
clares tliat the law "Avaritiai" of the aforesaid Coun-
cil of Lyons applies not only to bishops elected by
chapters, but also to candidates named and presented
by heads of states in virtue of concordats. He rules
that cliapters can neither appoint temporarily vicars
capitular nor revoke their appointment. He also for-
bids them to designate as such persons nominated by
the civil power, or otherwise elected to a vacant
church. Offences against this law are severely pun-
ished, by e.xcommunication specially reserved to the
pope and by privation of the revenues of their bene-
fices for those dignitaries and canons who turn over
the administration of their church to a person elected
or nominated. The same penalties are pronounced
against said elected or nominated persons, and against
all who give them aid, coimsel, or countenance.
Moreover, the person elected or nominated forfeits all
acquired right to the benefice, while all acts performed
during his illegitimate administration are declared
invalid.
We may now return to the confirmation of the elec- tion according to the law of the Decretals. It be- longed to the immediate superior. It was his duty to extinguish all opjKisition by summoning the elected person to ili rni'l liiniself. Even if there were no op- position thi- siqiri iiir was bound to summon, by a gen- eral edict piistu^l on the door of the vacant church, all who miglit possiljly dispute the election to appear within a fixed period; all this under penalty of the nullity of subsequent confirmation (c. xlvii, h. t., in VI°). The superior had to examine carefully both the election and the person of the one elected, in order to satisfy himself that everj-thing was conformable to law; if his investigation proved favourable he gave the requisite confirmation whereby the elected person l)ecame definitively prelate of his church and received full jurisdiction, ^\'hile the law did not bind the su- perior to any strict time-limit for the granting of con- firmation, it authorized the elected person to complain if the delay were excessive. All this legislation, espe- cially elaborated for episcopal elections, is now no longer applicable to them; however, it is still in force for inferior benefices, e. g. canonries, when they are conferred by way of election.
VI. Elections Now in U.se. — Election, considered as the choice made by a college of its future prelate, is verified first of all in the designation of a pope by the cardinals (see Conclave). The election of bishops by chapters is still, theoretically, the common rule, but the general reservation formulated in the second rule of the .\postolic Chancery has suppressed in practice the application of this law; episcopal elections, in the strict sense of the word, occur now in only a small number of sees (see Bishop). Finally, the prelates of regulars are normally appointed by election; the same is true of abbes.ses. (See the Council of Trent, Sess. XXV, c. vi, De regul.) The common ecclesiastical law provides for no other elections. There are, how- ever, other ecclesiastical elections that do not concern real prelates. Religious communities of men and women under simple vows proceed by election in the choice of superiors, superiors general, assistants gen- eral, and usually the members of the general councils. In catiiedral churches it is by election that, on occa- sion of the \-acancy of a see, the chapter appoints the vicar capitular (Council of Trent, Sess. XXIV, c. xvi, I)e rcf.). It is also according to the canonical form of election that colleges, especially chapters, proceed in appointing persons, e. g., to dignities and canonries, when such appointment belongs to the chapter; to in- ferior benefices to which the chapter has a right to nominate or present; again in the appointment of delegates on seminary commissions (Council of Trent,
Sess. XXIII, c. xviii, De ref.), or in bestowing on some
of its members various capitulary offices, or making
other such designations. The same is true of other
ecclesiastical groups, e. g. the chapters of collegiate
churches, etc., also of confraternities and otherassocia-
tions recognized by ecclesiastical authority. In the
latter cases, however, there is no election in the
strictly canonical sense of the term.
See Commentaries on the Corpus Juris Can&nici at the title De elcclione el electi potcstate. Lib. I, tit. vi; and in VI°; Santi- Leitxer, Prmlect. Jur. Can. (Ratisbon, 1S98); Ferraris, Prompla Bibliotheca, s. v. Electio; Passerin'i, De electione cano- nicd (Cologne, 1661).
A. BOUDINHON.
Election, CAPiTnL.A.TioNS of. See Capitulations, Episcopal and Pontifical.
Election, Papal. See Papal Election.
Eleison. See Kyrie Eleison.
Eleutherius (Eleutheros), Saint, Pope (c. 174- 189). The Liber Pontificalis says that he was a na- tive of Nicopolis, Greece. From his contemporary Ilegesippus we learn that he was a deacon of the Roman Church under Pope Anicetus (c. 15-1-164), and evidently remained so under St. Soter, the following pope, whom he succeeded about 174. While the condition of Christians under Marcus Aurelius was distressing in various parts of the empire, the perse- cution in Rome itself does not seem to have been violent. De Rossi, it is true, dates the martyrdom of St. Cecilia towards the end of this emperor's reign; this date, however; is by no means certain. During the reign of Commodus (180-192) the Christians en- joyed a practically unbroken peace, although the mar- tyrdom of St. AppoUonius at Rome took place at this time (180-185). The Montanist movement, that originated in Asia Minor, made its way to Rome and Gaul in the second half of the second century, more particularly about the reign of Eleutherius; its pecu- liar nature made it difficult to take from the outset a decisive stand against it (see Montanism)- During the violent persecution at Lyons, in 177, local confes- sors wrote from their prison concerning the new move- ment to the Asiatic and Phrygian bretliren, also to Pope Eleutherius. The bearer of their letter to the pope was the presbj^ter Irenseus, soon afterwards Bishop of Lyons. It appears from statements of Eusebius concerning these letters that the faithful of Lyons, though opposed to the Montanist movement, advocated forbearance and pleaded for the preserva- tion of ecclesiastical unity.
Just when the Roman Church took its definite stand against Montanism is not certainly known. It would seem from Tertullian's account (.A.dv. Praxeam, I) that a Roman bishop did at one time address to the Montanists some conciliatory letters, but these letters, says Tertulhan, were recalled. He probably refers to Pope Eleutherius, who long hesitated, but, after a con- scientious and thorough study of the situation, is sup- posed to have declared against the Montanists. At Rome heretical Gnostics and Marcionites continued to propagate their false teachings. The "Liber Pontifi- calis" ascribes to Pope Eleutherius a decree that no kind of food should be despised by Christians (Et hoc iterum firmavit ut nulla esca a Christianis repudi- aretur, maxime fidelibus, quod Deus creavit, quiB tamen rationalis et humana est). Possibly he did issue such an edict against the Gnostics and Montan- ists; it is also possible that on his own responsibility the writer of the "Liber Pontificalis" attributed to this pope a similar decree current about the year 500. The same writer is responsible for a curious and inter- esting assertion concerning the early missionary ac- tivity of the Roman Church; indeed, the " Liber Pon- tificalis" contains no other statement equally remark- able. Pope Eleutherius, says this writer, received from Lucius, a British king, a letter in which the latter de- clared that by his behest he wishes to become a Chris-
