Folia Theologica et Canonica 2. 24/16 (2013)
IUS CANONICUM - Szabolcs Anzelm Szuromi, O.Praem., Gradual Promotion asa Specific Form of Provision of Ecclesiastical Office
GRADUAL PROMOTION AS A SPECIFIC FORM OF PROVISION... 257 the rules of chapters, and the instant termination of provision of offices with simony.35 It stepped up with similar firmness in the area of prescribing the full discharge of the liturgical obligations of chapters.36 The same applied to the possession of the required degree of holy orders by the members of the chapter, and also to the due knowledge of the Church’s teaching and discipline regarding the obligations.37 Session XXV fixed accurately the obligations and rights of the cathedral chapters. In relation of these, on one hand, it kept in effect those individual licenses of chapters that originated from the contents of previous charters, canonical custom, and concordats (those which had not been explicitly withdrawn); on the other hand however, in default of these - restoring the ancient church discipline - in regard to the future it has subordinated the functioning of the chapters - with the exception of the exempt ones - to the direct control of the bishop; thereby it attached for the future the valid constructing of the rules of chapters, of the privileges of the particular churches, and of the legal customs to the approval of the diocesan bishop.38 The reform, as it may well be seen, vigorously touched upon the excrescent independence of the chapters, and therefore also the provision of prebends of chapters in question. It is also accurately traceable that these reforms became expressed not only in regard to the so called exempt chapters, which belonged only to the pope’s jurisdiction, but in relation to the whole institutional system of chapters, promoting a better capacity for central control.39 Nevertheless, the regulations of the Council of Trent fundamentally did not touch upon the acquired rights, therefore neither those forms of provision that related to the provision of the majority of the offices of chapters, and which forms traditionally prevailed in the provisions. Pope St. Pius X (1903-1914) - keeping in mind a few congregational decisions40 following the Council of Trent - increased further the severity of law for the establishment of cathedral chapters and for the approval of their rules, by reserving it to the Apostolic See41 with his extensive constitution Sapientia consilio,42 The provision of the members of the chapter - inasmuch as the rules approved by the Holy See did not decided otherwise - remained in the competence of the diocesan bishop, but the provision of the head of the ca35 Cone. Tridentinum, Sessio XXIV (11 nov. 1563), De reformatione, Can. 14: COD 768. 36 Cone. Tridentinum, Sessio XXIV (11 nov. 1563), De reformatione, Can. 15: COD 769. 37 Cone. Tridentinum, Sessio XXIV (11 nov. 1563), De reformatione. Can. 12: COD 766-767. 38 Cone. Tridentinum, Sessio XXV (3—4 dec. 1563), Decretum de reformatione generali, Cap. 6: COD 787-788. 39 Wernz, F. X., lus decretalium ad usum praelectionum in scholis textus canonici sive iuris dec- retalium, II. Romae 1899. 923. 40 Cf. S. C. Concilii, Conversano (27 iun. 1626): Gasparri, P. - Serédi, I. (ed.), Codicis iuris canonici fontes, I-IX. Romae 1923-1939. V. 246. S.C. Concilii, Nullius Trium Fontium (14 mart., 4 apr. 1772): Gasparri, P. - Serédi, I. (ed.), Codicis iuris canonici fontes, VI. 76-77. 41 Pius X, Const. Sapientia consilio (29 iun. 1908): AAS 1 (1909) 9 (§ I, n. 2° 2). 42 Wernz, F.X., lus decretalium, II. 929.
