DELEGATE VICAR. - Apostolic vicars, by the nature of their ecclesiastical jurisdiction, did not have the power to appoint a vicar general for themselves as the bishops of a diocese did.
Before the CIC, Benedict XIV, by means of the constitution Ex sublimi of 26 Jan. 1753, had granted to the apostolic vicars of the Indies, who did not have a coadjutor with future succession, the faculty of appointing a vicar general for themselves, who in the event of a vacancy of the see would take over the government with the jurisdiction and faculties determined in that same constitution. The same Supreme Pontiff, by the constitution Quam ex sublimi of 8 Aug. 1755, extended the above faculty to all apostolic vicars (cf. Collectanea S. Congr. de Prop. Fide, Rome 1907, nos. 387 and 396). This vicar general, however, corresponded rather to the pro-vicar referred to in can. 309 of the CIC.
Even after the publication of the CIC, neither vicars nor apostolic prefects were granted the faculty of appointing a vicar general for themselves sede plena (cf. can. 294). The prevailing concept was that a kind of ordinary but vicarious jurisdiction did not allow such a faculty, which moreover was excluded by can. 198 § 1. It was thought, perhaps, that such a figure was useless because vicars and apostolic prefects could delegate very broad faculties directly to the missionaries. By virtue, in fact, of can. 199, Ordinaries may delegate their ordinary jurisdiction both in particular cases and for all causes. This faculty of delegating in a general and permanent manner had already been recognized by the S. Congr. de Prop. Fide on 9 Dec. 1822 (Collectanea S. Congr. de Prop. Fide, no. 777). But this delegate could not be called vicar general.
The new organization of missionary activity made a figure similar to that of the vicar general necessary also for apostolic vicariates and prefectures. By a letter of the S. Congr. de Prop. Fide dated 8 Dec. 1919, Benedict XV, after having remedied the nullity of the acts of jurisdiction performed by those missionaries who had perhaps acted as vicars general, granted "Ordinariis missionum potestatem nominandi vicarium delegatum si eo indigent, cui practice concessa sit omnia iurisdictio in spiritualibus et temporalibus, qua ex CIC, uti potest vicarius generalis in diocesi" (Sylloge S. Congr. de Prop. Fide, Rome 1939, no. 76).
Regarding the number and the office of the v. d. in each mission, the prescriptions of the CIC apply (can. 366 ff.). The same faculty was granted also to the ecclesiastical superiors of autonomous or sui iuris missions (Sylloge S. Congr. de Prop. Fide, no. 146). The following names were proposed for the vicars granted to the ordinaries of the quasi-dioceses: v. d. for apostolic vicars, delegate prefect for apostolic prefects, delegate superior for ecclesiastical superiors of autonomous missions. The common title of v. d. for all has then prevailed.
Immediately after the publication of the letter of 1919, discussion began as to whether the v. d. enjoyed delegated or ordinary power. The S. Congr. of Propaganda in a letter of its own dated 16 Nov. 1937 declared such power ordinary; consequently, the rights and obligations of the v. d. are equal to those of the vicar general. The v. d., however, is not entitled to the honorary privileges of a titular apostolic protonotary (can. 370 § 2), because the instructions and replies of Propaganda never refer to the cited canon nor have they expressly granted the privileges in question. He is entitled, on the other hand, to the right of precedence; and contrary to can. 309 § 2, the regime of the quasi-diocese sede impedita according to can. 429 § 1 applies to him. Generally in each quasi-diocese there is only one v. d., but by centenary custom or by apostolic indult there may be two or more v. d. for different regions (can. 366 § 3).
Bibliography2 works
Saverio Paventi