Historical Synopsis of General Legislation and Commentary
Author: Leo Arnold Jaeger, A.B., J.C.L.
N.O.: Valentinus T. Schaaf, O.F.M., J.C.D.
Imp.: Franciscus J. L. Beckman, S.T.D.
Published: Washington, D.C., The Catholic University of America, 1932.http://babel.hathitrust.org/cgi/pt?id=mdp.39015033864250;view=1up;seq=1
Some relevant text from this book...
Quote Resignation has been considered thus far from the aspect of express resignation. It must be remembered that tacit resignation, which affects all ecclesiastical offices not excluding the episcopacy, may be a cause also of an episcopal see becoming vacant.15 Tacit resignation, or as it is sometimes called, equivalent resignation, is the result of certain explicitly determined facts, which, by a special disposition of law and of themselves, without the formalities of presentation, acceptance or declaration, produce the same effect as express resignation.16 Canon 188 enumerates taxatively the facts which produce tacit resignation. The only probable fact which might affect the episcopal office is that of public defection from the faith.17 This crime presupposes not an internal, or even external but occult act, but a public defection from the faith through formal heresy, or apostasy, with or without affiliation with another religious society. Simple schism without heresy would not suffice to constitute tacit resignation.18 The public character of this crime must be understood in the light of canon 2197 n. I. Hence, if a bishop were guilty of this violation and the fact were divulged to the greater part of the town or community, the crime would be public19 and the see ipso facto becomes vacant. The jurisdiction of the vicar-general, furthermore, is immediately lost in this instance.20
15 De Meester, Compendium, II, n. 788, footnote 3 (p. 228); Cocchi, Commentarium, II, 524; Prummer, Manuale Juris Canonici, p. 173; Klekotka, Diocesan Consultors, p. 161.
16 Cf. Maroto, op. cit., I, n. 684 (pp. 809-10).
17 Canon 188 n. 4.
18 Blat, Commentarium, II, 125; Augustine, Commentary, II, 161; Vermeersch-Creusen, Epitome, I, n. 268 (p. 199); Ayrinhac, General Legislation, pp. 349-50.
19 Ci. Vermeersch-Creusen, op. cit., III, n. 384 (p. 185); "Quia res facti est, in aestimatione boni viri esse debet."—D'Annibale, Summula Theologiae Moralis, I, n. 242, footnote 49.
20 Canon 371.