Cardinal Vicar

Vicar general for the territory of Rome excluding Vatican City
the vicar general for the territory of Rome excluding Vatican City

Cardinal Vicar is a title commonly given to the vicar general of the Diocese of Rome for the portion of the diocese within Italy (i. e. excluding the portion within Vatican City). The official title, as given in the Annuario Pontificio, is Vicar General of His Holiness. The bishop of Rome is responsible for the spiritual administration of this diocese, but because the bishop of Rome is the pope, with many other responsibilities, he appoints a cardinal vicar with ordinary power to assist in this task. Canon law requires all Catholic dioceses to have one or more vicars general, but the cardinal vicar functions more like a de facto diocesan bishop than do other vicars general. The holder has usually been a cardinal. A similar position exists to administer the spiritual needs of the Vatican City, known as the vicar general for Vatican City or, more exactly, Vicar General of His Holiness for Vatican City.

It seems certain that in the twelfth century vicars were named only when the pope absented himself for a long time from Rome or its neighbourhood. When he returned, the vicar's duties ceased. This may have lasted to the pontificate of Pope Innocent IV (1243–54); on the other hand it is certain that in the latter half of the thirteenth century the vicar continued to exercise the duties of his office even during the presence of the pope at Rome. Thus the nomination of a vicar on 28 April 1299, is dated from the Lateran. The office owes its full development to the removal of the Roman Curia to Southern France and its final settlement at Avignon. Since then the list of vicars is continuous. The oldest commissions do not specify any period of duration; in a Bull of 16 June 1307, it is said for the first time that the office is held "at our good will". Life tenures begin to appear in the sixteenth century; the exact year of this modification remains yet to be fixed. Formerly the nomination was by Bull; when began the custom of nominating by Brief is difficult to determine. The oldest Bull of nomination known bears the date of 13 February 1264. On 21 July 1296, On 6 July 1202, the following variant is met with: "to reform the churches, clergy, and people of Rome itself", and the additional right to do other things pertaining to the office of vicar. His jurisdiction over all monasteries is first vouched for 16 June 1207. The inclusion among these of monasteries, exempt and non exempt and their inmates, without the walls of Rome, was the first step in the local extension of the vicar's jurisdiction. He was also empowered to confer vacant benefices in the city. Special commissions, however, multiply in this period, bearing with them in each case a special extension or new application of authority. Under Pope Clement VI (1342–52) the territory of the vicar general's jurisdiction was notably increased by the inclusion of the suburbs and the rural district about Rome. Until the time of Pope Benedict XIV (1740–58) this was the extent of the vicar's jurisdiction. By the "district of the city of Rome" was understood a distance of forty Italian miles from the city walls. Since, however, the territory of the suburbicarian sees lay partially within these limits, the vicar came to exercise a jurisdiction concurrent with that of the local bishop and cumulatively. This was a source of frequent conflicts, until 21 December 1744, when the local jurisdiction of the suburbicarian bishops was abolished by Benedict XIV, insofar as their territory fell within the above mentioned limits. In the course of time the vicar acquired not only the position and authority of a vicar general, who has ordinary but delegated power, but the right of subdelegation, whereby he named a vicegerent, his representative not only in pontifical ceremonies (as many maintain), but also in jurisdiction. By a Constitution of Clement VIII, 8 June 1592, the vicar's right to hold a visitation ordinary and extraordinary of churches, monasteries, clergy, and the people (dating from 16 June 1307) was withdrawn in favour of the Congregatio Visitationis Apostolicæ, newly founded, for the current affairs of the ordinary visitation. Henceforth this duty pertains to the vicarius urbis only insofar as he may be named president or member of this congregation, the prefect of which is the pope himself. The great "extraordinary" visitations, held generally at the beginning of each pontificate, were executed by a specially appointed commission of cardinals and prelates, the presidency of which fell by custom to the vicar. The Congregation of the Visitation was quite independent of the vicar, being constituted by Apostolic authority. The authority of the vicar does not cease with the pope who appointed him. But should he die during a vacancy of the Holy See, the vicegerent assumed his functions as a quasi vicar capitular.

In the 1966 moto proprio Romanae Urbis the diocese was divided into five sections. Auxiliary Bishops were appointed to supervise pastoral ministry in a territorial sector or possibly in a specific pastoral activity in the entire diocesan area. Pope Paul VI further updated the norms relating to the functioning of the Vicariate in the Apostolic Constitution Vicariae potestatis in urbe, superseding Etsi Nos.

Starting from the Apostolic Constitution Vicariae potestatis in urbe, published by Paul VI on January 6, 1977, John Paul II explains in the introductory paragraphs the importance of the Vicariate of Rome. The Diocesan Council for Economic Affairs, assumed functions previously handled by Pius X's fourth department. It had the task of preparing the budget for the economic management of the Diocese every year and of approving the final statement of income and expenditure. The Diocesan Curia of Rome was divided into pastoral and administrative offices and judicial bodies. Twenty distinct offices were established for pastoral care, including the Office for school pastoral care and religious education, the Liturgical office, the Clergy office, and others. Eight administrative office were created, such as, the General Archive, the Legal office, the Data Processing Center, and others.

The first episcopal assistant of the vicar known is Angelus de Tineosis, Episcopus Viterbiensis, named 2 October 1321, as assistant to the Vicar Andreas, Episcopus Terracinensis. No clear outline of his duties survives, but he is known to have officiated as assistant even when the Vicar Andreas was in the city. On the other hand, the Vicar Franciscus Scaccani, Episcopus Nolanus, was allowed to choose an assistant for the business of the vicariate only in the case of his own absence from Rome. According to this document it was not for the pope but the vicar himself, though authorized thereto by the pope, who chose his own assistant and gave over to him all his authority or faculties, insofar as they were based on law or custom. This shows that the vicarius urbis was firmly established in the fulness of his office and externally recognized as such; certain consuetudinary rights had even at this date grown up and become accepted. The Bullarium Magnum (II, 75) indicates that on 18 October 1412, Pope John XXII nominated Petrus Saccus, a canon of St. Peter's, as locum tenens of the Vicar Franciscus, abbas monasterii S. Martini in Monte Cimino O. S. B., and himself conferred on this official all the faculties of the vicar. The new locum tenens was bidden to take the usual oath before the Apostolic Camera (see above). A similar case is that of Andreas Jacobazzi, a canon of St. Peter's, named vicar in 1519, but not consecrated as Bishop of Lucera until 1520; the pontificalia were committed to Vincentius, Bishop of Ottochaz Zengg. The series of assistants to the vicar, now known as vices gerentes (vicegerents), begins with 1560. Until the time of Pope Clement XI (1700) they were named by the vicar; since then the pope has appointed them by a special Brief. The vicesgerens is therefore not a representative (locum tenens) of the vicar, but a subordinate auxiliary bishop appointed for life, though removable at any time. His authority (faculties) relative to jurisdiction and orders is identical with that of the vicar; for its exercise, however, he depends on the latter, as is expressly stated in the Brief of his nomination. In particular, the vicar has committed to him the administration of the treasury of relics known as the Lisanotheca or relic treasury of the vicariate, the censorship of books, and the permission to print. The censorship of books was entrusted to the vicar by a Bull of 4 May 1515 (in the Magnum Bullarium); this right, however, is now exercised by the vices gerens subject to the Magister sacri palatii, to whose imprimatur he adds his own name without further examination of the book in question. The really responsible censor is therefore the Magister sacri palati, not the vicesgerens. Occasionally there have been two assistants of the vicar, to one of whom were committed all matters of jurisdiction, to the other the pontificalia and ordinations; the latter was known as suffragan of the vicar.

In this respect the duties of the vicar are of primary importance, since a multitude of ecclesiastics from all parts of the world pursue their studies at Rome and receive orders there on presentation of the required authorization of their respective bishops. For every order conferred at Rome there is a special examination conducted by a body of twenty five learned ecclesiastics from the secular and the regular clergy, which operates in sections of three. Orders are regularly conferred on the days prescribed by ecclesiastical law and in the cathedral of the Bishop of Rome, i. e. in the Lateran Basilica; they may, however, be conferred on other days and in other churches or chapels. They are usually conferred either by the vicar himself or by the vicesgerens; by special delegation from the vicar, however, another bishop may occasionally ordain candidates. For the rights of the cardinals to ordain in their own churches (tituli, diaconia) see Cardinal. By a general pontifical indult any bishop resident in Rome may administer the Sacrament of Confirmation, it being still customary at Rome to confirm all children who seem in danger of death.

All matters concerning the monasteries of Rome and their inmates pertain to a special commission in the vicariate composed of about eight members and under the direction of the vicar.

Strict regulations of Pope Pius X permit only those to preach in Rome who have been found worthy after a thorough examination, scientific and practical, before a special commission which issues to each successful candidate the proper authorization. A similar regulation exists for priests desirous of hearing confessions in the city.

The parochial clergy of Rome form a special corporation, under a Camerlengo chosen annually by themselves. Apart from the rights secured them by their statutes, insofar as approved by the pope, they are entirely subject to the vicar.

Since the vicar is the ordinary judge of the Roman Curia and its territory, it follows that he has always had and now has his own court, or tribunal. Formerly it took cognizance of both civil and criminal matters, either alone or concurrently with other tribunals, whether the case pertained to voluntary or to contentious jurisdiction. This court no longer deals with criminal cases, though it still exists for certain matters provided for in the ecclesiastical law, the details of which may be seen in any of the larger manuals of canon law. The principal officials of the court of the vicariate are the above mentioned vicegerents, the locum tenens civilia, the promotor fiscalis for cases of beatification and canonization, the promotor fiscalis for other ecclesiastical matters, chiefly monastic vows. In former times the auditor of the vicariate was a very busy person, being called on to formulate or to decide the various processes brought before the vicar; today the office is mostly an honorary one. Matrimonial cases are dealt with by two officials who form a special section of the vicariate

Among the minor officials of the vicar the most important are those who have charge of the secretariate, i. e. the secretary, his representative, two minutanti or clerks, and the aforesaid auditor of the vicar. The secretary is daily at his post and is authorized by subdelegation to decide or settle a number of minor matters of a regularly recurring nature; he also makes known the decisions of the vicar in more important matters; and is accessible to every one daily during a period of two hours.

On 6 January 2023, Pope Francis reorganized the Vicariate with the apostolic constitution In Ecclesiarum Communione, effective 31 January, to increase collegiality and improve administration and address contemporary societal challenges. It defined the position of cardinal vicar as an auxiliary bishop to the Bishop of Rome and clarified the roles of Rome's auxiliary bishops. Francis gave himself a greater role as head of the episcopal council, that is, the collective body of the bishops of the Diocese. This replaced the 1998 apostolic constitution Ecclesia in Urbe.

The first vicarius in spiritualibus clearly vouched for is Bovo (Bobo) episcopus Tusculanus (Lavicanus) about 1106. Until 1260 the vicars were chosen from among the cardinals; the first vicar taken from among the bishops in the vicinity of Rome was the Dominican Thomas Fusconi de Berta, episcopus Senensis (Moroni, Eubel). This custom continued until the secret consistory of 29 November 1558, when Pope Paul IV decreed that in the future the vicars should be chosen from among the cardinals of episcopal dignity; it was then that arose the popular title of "cardinal vicar", never used officially; the formal title was then Vicarius Urbis, and is now, under the Annuario Heading heading "Vicariato di Roma – Vicariatus Urbis", "Vicario Generale di Sua Santità".