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Charles I, Henrietta Maria, and Their Children-Van Dyck..

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England and Wales-The Ecclesiastical Province of Westminster..
England from the 12th Century to the Schism of Henry VIII..
Christendom A.D. 622...

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THE

CATHOLIC ENCYCLOPEDIA

Diocese (Lat. diocesis,, the territory or churches subject to the jurisdiction of a bishop (q. v.).

I. ORIGIN OF TERM.-Originally the term diocese (Gr. Stolknots) signified management of a household, thence administration or government in general. This term was soon used in Roman law to designate the territory dependent for its administration upon a city (civitas). What in Latin was called ager, or territorium, namely a district subject to a city, was habitually known in the Roman East as a diocesis. But as the Christian bishop generally resided in a civitas, the territory administered by him, being usually conterminous with the juridical territory of the city, came to be known ecclesiastically by its usual civil term, diocese. This name was also given to the administrative subdivision of some provinces ruled by legates (legati) under the authority of the governor of the province. Finally, Diocletian designated by this name the twelve great divisions which he established in the empire, and over each of which he placed a vicarius (Pauly-Wissowa, Real-Encyclopädie der classischen Altertumswissenschaft, Stuttgart, 1903, V, 1, 716 sqq.). The original term for local groups of the faithful subject to a bishop was κKλnola (church), and at a later date, Tapoikia, i. e. the neighbourhood (Lat. paræcia, parochia). The Apostolic Canons (xiv, xv), and the Council of Nicaæa in 325 (can. xvi) applied this latter term to the territory subject to a bishop. This term was retained in the East, where the Council of Constantinople (381) reserved the word diocese for the territory subject to a patriarch (can. ii). In the West also parochia was long used to designate an episcopal see. About 850 Leo IV, and about 1095 Urban II, still employed parochia to denote the territory subject to the jurisdiction of a bishop. Alexander III (11591181) designated under the name of parochiani the subjects of a bishop (c. 4, C. X, qu. 1; c. 10, C. IX, qu. 2; c. 9, X, De testibus, II, 20). On the other hand, the present meaning of the word diocese is met with in Africa at the end of the fourth century (cc. 50, 51, C. XVI, qu. 1), and afterwards in Spain, where the term parochia, occurring in the ninth canon of the Council of Antioch, held in 341, was translated by "diocese" (c. 2, C. IX, qu. 3). See also the ninth canon of the Synod of Toledo, in 589 (Hefele, ad h. an. and c. 6, C. X, qu. 3). This usage finally became general in the West, though diocese was sometimes used to indicate parishes in the present sense of the word (see PARISH). In Gaul, the words terminus, territorium, civitas, pagus, are also met with.

II. HISTORICAL ORIGIN.—It is impossible to determine what rules were followed at the origin of the Church in limiting the territory over which each bishop exercised his authority. Universality of ecclesiastical jurisdiction was a personal prerogative of the Apostles; their successors, the bishops, enjoyed only a jurisdiction limited to a certain territory: thus Ignatius was Bishop of Antioch, and Polycarp, of Smyrna.

D

The first Christian communities, quite like the Jewisn, were established in towns. The converts who lived in the neighbourhood naturally joined with the community of the town for the celebration of the Sacred Mysteries. Exact limitations of episcopal territory could not have engrossed much attention at the beginning of Christianity; it would have been quite impracticable. As a matter of fact, the extent of the diocese was determined by the domain itself over which the bishop exercised his influence. It seems certain, on the other hand, that, in the East at any rate, by the middle of the third century each Christian community of any importance had become the residence of a bishop and constituted a diocese. There were bishops in the country districts as well as in the towns. The chorepiscopi (èv xúpa iσ KOTO), or rural bishops, were bishops, it is generally thought, as well as those of the towns; though from about the second half of the third century their powers were little by little curtailed, and they were made dependent on the bishops of the towns. To this rule Egypt was an exception; Alexandria was for a long time the only see in Egypt. The number of Egyptian dioceses, however, multiplied rapidly during the third century, so that in 320 there were about a hundred bishops present at the Council of Alexandria. The number of dioceses was also quite large in some parts of the Western Church, ie. in Southern Italy and in Africa. In other regions of Europe, either Christianity had as yet a small number of adherents, or the bishops reserved to themselves supreme authority over extensive districts. Thus, in this early period but few dioceses existed in Northern Italy, Gaul, Germany, Britain, and Spain. In the last, however, their number increased rapidly during the third century. The increase of the faithful in small towns and country districts soon made it necessary to determine exactly the limits of the territory of each church. The cities of the empire, with their clearly defined suburban districts, offered limits that were easily acceptable. From the fourth century on it was generally admitted that every city ought to have its bishop, and that his territory was bounded by that of the neighbouring city. This rule was stringently applied in the East. Although Innocent I declared in 415 that the Church was not bound to conform itself to all the civil divisions which the imperial government chose to introduce, the Council of Chalcedon ordered (451) that if a civitas were dismembered by imperial authority, the ecclesiastical organization ought also to be modified (can. xvii). In the West, the Council of Sardica (344) forbade in its sixth canon the establishment of dioceses in towns not populous enough to render desirable their elevation to the dignity of episcopal residences. At the same time many Western sees included the territories of several civitates.

From the fourth century we have documentary evidence of the manner in which the dioceses were created. According to the Council of Sardica (cn. vi),

this belonged to the provincial synod; the Council of Carthage, in 407, demanded moreover the consent of the primate and of the bishop of the diocese to be divided (canons iv and v). The consent of the pope or the emperor was not called for. In 446, however, Pope Leo I ruled that dioceses should not be established except in large towns and populous centres (c. 4, Dist. lxxx). In the same period the Apostolic See was active in the creation of dioceses in the Burgundian kingdom and in Italy. In the latter country many of the sees had no other metropolitan than the pope, and were thus more closely related to him. Even clearer is his rôle in the formation of the diocesan system in the northern countries newly converted to Christianity. After the first successes of St. Augustine in England, Gregory the Great provided for the establishment of two metropolitan sees, each of which included two dioceses. In Ireland, the diocesan system was introduced by St. Patrick, though the diocesan territory was usually coextensive with the tribal lands, and the system itself was soon peculiarly modified by the general extension of monasticism (see IRELAND). In Scotland, however, the diocesan organization dates only from the twelfth century. To the Apostolic See also was due the establishment of dioceses in that part of Germany which had been evangelized by St. Boniface. In the Frankish Empire the boundaries of the dioceses followed the earlier Gallo-Roman municipal system, though the Merovingian kings never hesitated to change them by royal authority and without pontifical intervention. In the creation of new dioceses no mention is made of papal authority. The Carlovingian kings and their successors, the Western emperors, notably the Ottos (936-1002), sought papal authority for the creation of new dioceses. Since the eleventh century it has been the rule that the establishment of new dioceses is peculiarly a right of the Apostolic See. St. Peter Damian proclaimed (1059–60) this as a general principle (c. 1, Dist. xxii), and the same is affirmed in the well-known "Dictatus" of Gregory VII (1073-1085). The papal decretals (see DECRETALS, PAPAL) consider the creation of a new diocese as one of the causæ majores, i. e. matters of special importance, reserved to the pope alone (c. 1, X, De translatione episcopi, I, 7; c. 1, X, De officio legati, I, 30) and of which he is the sole judge (c. 5, Extrav. communes, De præbendis et dignitatibus, III, 2). A word of mention is here due to the missionary or regionary bishops, episcopi gentium, episcopi (archiepiscopi) in gentibus, still found in the eleventh century. They had no fixed territory or diocese, but were sent into a country or district for the purpose of evangelizing it. Such were St. Boniface in Germany, St. Augustine in England, and St. Willibrord in the Netherlands. They were themselves the organizers of the diocese, after their apostolic labours had produced happy results. The bishops met with in some monasteries of Gaul in the earlier Middle Ages, probably in imitation of Irish conditions, had no administrative functions (see Bellesheim, Gesch. d. kath. Kirche in Irland, I, 22630, and Löning, below).

III. CREATION AND MODIFICATION OF DIOCESES.We have noticed above that after the eleventh century the sovereign pontiff reserved to himself the creation of dioceses. In the actual discipline, as already stated, all that touches the diocese is a causa major, i. e. one of those important matters in which the bishop possesses no authority whatever and which the pope reserves exclusively to himself. copate is of Divine institution, the pope is obliged to Since the episestablish dioceses in the Catholic Church, but he remains sole judge of the time and manner, and alone determines what flock shall be entrusted to each bishop. Generally speaking, the diocese is a territorial circumscription, but sometimes the bishop possesses authority only over certain classes of persons residing in the territory; this is principally the case in

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districts where both the Western and the Eastern Rite are followed. Whatever, therefore, pertains to clusive province. As a general rule, the preparatory the creation or suppression of dioceses, changes in their boundaries, and the like is within the pope's exby Propaganda when the question relates to terriwork is done by the Congregation of the Consistory, gregation of Extraordinary Ecclesiastical Affairs when tories subject to this congregation, and by the Conthe establishment of a diocese is governed by conhas the right to intervene in their creation. We shall cordats (q. v.), or when the civil power of the country take up successively (1) the creation of new dioceses; (2) the various modifications to which they are subject, included by canonists under the term Innovatio. only in missionary countries that there can be question (1) Creation of Dioceses.-Strictly speaking, it is of the creation of a diocese, either because the country cient hierarchy was suppressed, owing to conquest by infidels or the progress of heresy. was never converted to Christianity or because its anbecoming a diocese, the territory is successively a mission, a prefecture Apostolic, and finally a vicariate Regularly, before Apostolic. The Congregation of Propaganda makes a preliminary study of the question and passes judgnumber of Catholics, priests, and religious establishment on the opportuneness of the creation of the dioments, i. e. churches, chapels, schools is sufficiently cese in question. It considers principally whether the large to justify the establishment of the proposed dioPropaganda, to which must be added the number of These matters form the subject of a report to there is a city suitable for the episcopal see, the fact is towns or settlements included in the territory. If stated, also the financial resources at the disposal of the bishop for the works of religion. There is added, finally, a sketch, if possible accompanied by a map, dicating the territory of the future diocese. As a general rule, a diocese should not include districts whose inhabitants speak different languages or are subject to distinct civil powers (see Instructions of Propaganda, 1798, in Collectanea S. C. de P. F., Rome, 1907, no. 645). Moreover, the general conditions for for dividing or "dismembering" a diocese. Of this the creation of a diocese are the same as those required we shall speak below.

cese.

in

their union, suppression, and changes of their respec-
(2) Modification (Innovatio) of Dioceses.-Under
this head come the division (dismembratio) of dioceses,
tive limits.

This is reserved to the Holy See. Since the pope is the
supreme power in the Church, he is not bound to act
(a) Division or Dismemberment of a Diocese.-
in conformity with the canonical enactments which
regulate the dismemberment of ecclesiastical bene-
he generally observes, though he is free to deviate
fices. The following rules, however, are those which
from them.-First, to divide a diocese, a sufficient rea-
least the utility, of the division must be demon-
son must exist (causa justa). The necessity, or at
strated. There is sufficient reason for the subdivi-
the faithful too great, or the means of communication
sion of a diocese if it be too extensive, or the number of
diocese properly. The benefit which would result
too difficult, to permit the bishop to administer the
to religion (incrementum cultus divini) may also be
brought forward as a reason for the change. In the
main, these reasons are summed up in the one: the
hope of forwarding the interests of Catholicism. Dis-
sensions between inhabitants of the same diocese, or
the fact that they belong to different nations, may also
fact that the endowment of a diocese was very large
be considered a sufficient reason. Formerly, the mere
-a case somewhat rare at the present day-formed
a legitimate reason for its division.

congruus). There should exist in the diocese to be cre
The second condition is suitability of place (locus

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ated a city or town suitable for the episcopal residence; the ancient discipline which rules that sees should be established only in important localities is still observed.

Third, a proper endowment (dos congrua) is requisite. The bishop should have at his disposal the resources necessary for his own maintenance and that of the ecclesiastics engaged in the general administration of the diocese, and for the establishment of a cathedral church, the expenses of Divine worship, and the general administration of the diocese. Formerly it was necessary that in part, at least, this endowment should consist in lands; at present this is not always possible. It suffices if there is a prospect that the new bishop will be able to meet the necessary expenses. In some cases, the civil government grants a subsidy to the bishop; in other cases, he must depend on the liberality of the faithful and on a contribution from the parishes of the diocese, known as the cathedraticum (q. v.).

Fourth, generally for the division of a diocese the consent of the actual incumbent of the benefice is requisite; but the pope is not bound to observe this condition. John XXII ruled that the pope had the right to proceed to the division of a diocese in spite of the opposition of the bishop (c. 5, Extrav. commun., De præbendis, III, 2). As a matter of fact, the pope asks the advice of the archbishop and of all the bishops of the ecclesiastical province in which the diocese to be divided is situated. Often, indeed, the division takes place at the request of the bishop himself.

Fifth, theoretically the consent of the civil power is not required; this would be contrary to the principles of the distinction and mutual independence of the ecclesiastical and civil authority. In many countries, however, the consent of the civil authority is indispensable, either because the Government has pledged itself to endow the occupants of the episcopal sees, or because concordats have regulated this matter, or because a suspicious government would not permit a bishop to administer the new diocese if it were created without civil intervention (see Nussi, Conventiones de rebus ecclesiasticis, Rome, 1869, pp. 19 sqq.). At present, the creation or division of a diocese is done by a pontifical Brief, forwarded by the Secretary of Briefs. As an example, we may mention the Brief of 11 March, 1904, which divided the Diocese of Providence and established the new Diocese of Fall River. The motive prompting this division was the incrementum religionis and the majus bonum animarum; the Bishop of Providence himself requested the division, and this request was approved by the Archbishop of Boston and by all the bishops of that ecclesiastical province. The examination of the question was submitted to Propaganda and to the Apostolic Delegate at Washington. The pope then created, motu proprio, the new diocese, indicated its official title in Latin and in English, and determined its boundaries, which correspond to political divisions, and, finally, fixed the revenues of the bishop. In the case before us these consist in a moderate cathedraticum to be determined by the bishop (discreto arbitrio episcopi imponendum). According to the practice of Propaganda, all the priests who at the time of the division exercised the ministry in the dismembered territory belong to the clergy of the new diocese (Rescript of 13 April, 1891, in Collectanea S. C. de P. F., new ed., no. 1751).

(b) Union of Dioceses.-As in the case of the division of a diocese, the union of several dioceses ought to be justified by motives of public utility, e. g. the small number of the faithful, the loss of resources. As in the case of division, the pope is influenced by the advice of persons familiar with the situation; sometimes he asks the advice of the Government, etc. It is a generally recognized principle in the union of benefices, that such union takes effect only after the death of the actual occupant of the see which is to be united to another; at least when he has not given his consent

to this union. Though the pope is not bound by this rule, in practice it must be taken into account. The union of dioceses takes place in several ways. There is, first, the unio æque principalis or æqualis when the two dioceses are entrusted for the purpose of administration to a single bishop, though they remain in all other respects distinct; each of them has its own cathedral chapter, revenues, rights, and privileges, but the bishop of one see becomes the bishop of the other by the mere fact of appointment to one of the two. He cannot resign one without ipso facto resigning the other. This situation differs from that in which a bishop administers for a time, or even perpetually, another diocese; in this case there is no union between the two sees. It is in reality a case of plurality of ecclesiastical benefices; the bishop holds two distinct sees, and his nomination must take place according to the rules established for each of the two dioceses. On the contrary, in the case of two or more united dioceses, the election or designation of the candidate must take place by the agreement of those persons in both dioceses who possess the right of election or of designation. Moreover, in the case of united dioceses, the pope sometimes makes special rules for the residence of the bishop, e. g. that he shall reside in each diocese for a part of the year. If the pope makes no decision in this matter, the bishop may reside in the more important diocese, or in that which seems more convenient for the purposes of administration, or even in the diocese which he prefers as a residence. If the bishop resides in one of his dioceses he is considered as present in each of them for those juridical acts which demand his presence. He may also convoke at his discretion two separate diocesan synods for each of the two dioceses or only one for both of them. In other respects the administration of each diocese remains distinct. There are two classes of unequal unions of dioceses (uniones inæquales): the unio subjectiva or per accessorium, seldom put into practice, and the unio per confusionem. In the former case, the one diocese retains all its rights and the other loses its rights, obtains those of the principal diocese, and thus becomes a dependency. When a diocese is thus united to another there can be no question of right of election or designation, because such a dependent diocese is conferred by the very fact that the principal diocese possesses a titular. But the administration of the property of each diocese remains distinct and the titular of the principal diocese must assume all the obligations of the united diocese. The second kind of union (per confusionem) suppresses the two pre-existing dioceses in order to create a new one; the former dioceses simply cease to exist. To perpetuate the names of the former sees the new bishop sometimes assumes the titles of both, but in administration no account is taken of the fact that they were formerly separate sees. Such a union is equivalent to the suppression of the dioceses.

(c) Suppression of Dioceses.-Suppression of dioceses, properly so called, in a manner other than by union, takes place only in countries where the faithful and the clergy have been dispersed by persecution, the ancient dioceses becoming missions, prefectures, or vicariates Apostolic. This has occurred in the Orient, in England, the Netherlands, etc. Changes of this nature are not regulated by canon law.

(d) Change of Boundaries.-This last mode of innovatio is made by the Holy See, generally at the request of the bishops of the two neighbouring dioceses. Among the sufficient reasons for this measure are the difficulty of communication, the existence of a high mountain or of a large river, disputes between the inhabitants of one part of the diocese, also the fact that they belong to different countries. Sometimes a resettlement of the boundaries of two dioceses is necessary because the limits of each are not clearly defined. Such a settlement is made by a Brief, sometimes also

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