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Nominatio Regia

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In France the kings claimed as early as the times of the Merovingians a right to interfere in the appointment of bishops. The Carlovingians and the German emperors, going further, claimed the formal right of presentation, so that the sees which had the privilege of electing their own bishops became an exception. This state of things continued until after the close of the War of Investiture, when the concordat of Worms, in 1122, secured to the German chapters the right of free election. This was also confirmed by Frederick II in the golden bull of Eger in 1213, and by the German concordat of the 15th century. In exchange the pope granted to various princes, either by concordats or by special indults, the right of appointing bishops in their sties. At present the right is conceded to all the Roman Catholic sovereigns in Europe, as in Portugal (since the end of the 15th century), Spain (concordat of 1753), France (concordats of 1516, 1801, 1811, and 1817), Naples and Sicily (concordat of 1818), Sardinia, the other Italian states, and Bavaria (concordat of 1817), and Austria (concordat of 1855); in the last country some chapters, however, are still independent. In all other parts of Germany the bishops are appointed by the chapters. In some dioceses of Prussia, however, these elections are but a mere form, the bishops being really appointed by the king. The same is the case with the Roman Catholic dioceses of Russia. The nominatio regia, as well as the election or postulation on the part of the chapter, involves merely a designation, and necessitates also a due regard to the qualities required of the candidate by the canon law, which leads to a process of inquiry. The person appointed, in turn, receives only when confirmed by the pope (what is called in that case institutio) the right of exercising episcopal jurisdiction. The only exception is made in favor of the Hungarian bishops, who, in cases of necessity, are permitted to act at once in the capacity of bishops. See Staudenmaier, Gesch. d. Bischofswahlen mit bes. Beuciksichtigung der Rechte, etc. (Tiibingen, 1831). (See INVESTITURE).