NOMINATIO REGIA
160
KOMOCANONS
of Geo. Ern. Waldaii (Chemnitz, 1792, 8vo) ; Erner, Ue- ber XomiiHili.^miis u. Realismii.i (Prague, 1842) ; Koliler, Realismus n. Nominulismus in ihrem Einfliisse avf die dogmai. Systeme des Mittdalters (Gotha, 1858) ; Barach, Zur Gesch. d. Nomin. von Roscdin (Vienna, 18G6) ; Lewes, Hist, of Philos. (see Index in vol. ii) ; Ueberweg, Hist, of Philos. vol. i, especiallj' § 91; Ilaag, Hist, des Doffmes, i, 209 sq. ; Hagenbach, Hist, of Boot?: i, 391, 457, 4G0; ii, 51 ; Mercersb. Rev. April, 1869; Bapt. Qu. Jan. 1868, p. 31 sq.; Meth. Qu. Rev. April, 1871, p. 315 ; Jour. Spec. Phil. No. i, art. ix ; Stud. u. Krit. 1871, No. ii, p. 297 sq.; and other literature under Realism and Scholasticism. (J. H. \V.)
Nominatio regia. In France the kings claimed as early as the times of the Merovingians a right to in- terlerc in the appointment of bishops. The Carlovin- gians and the German emperors, going further, claimed the formal right of presentation, so that the sees Avhich 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 Fred- erick 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 concor- dats or by special indults, the right of appointing bish- ops in their states. At present the right is conceded to all the Roman Catholic sovereigns in Europe, as in Por- tugal (since the end of tlie 15th century), Spain (con- cordat of 1753), France (concordats of 1516, 1801, 1811, and 1817), Naples and Sicily (concordat of 1818), Sar- dinia, the other Italian states, and Bavaria (concordat of 1817), and Austria (concordat of 1855); in the last country some chapters, however, are stUl independent. lu 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 realh' appointed by the king. The same is the case with the Roman Catholic dioceses of Russia. The nomi- natio regia, as well as the election or postulation on the part of the chapter, involves mereh' 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, re- ceives only when confirmed by the pope (what is called in that case insiilutio) 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. Bischofsicahlen niit bes. Be- riichsiclitigung d. Rechte, etc. (Tubingen, 1831). — Herzog, Real- KncyUopddie, x, 407. See In vestituke. (J. N. P.)
Nomination is the term employed for the act of naming, recommending, or appointing a person for some ecclesiastical employment or office. In the Church of England the terra is used for the right of presenting a clergyman to a benefice or ecclesiastical living. Hook (Ch. Diet. s. V.) savs, " Nomination is the offering of a clerk to him who has the right of presentation, that he may present him to the ordinary." (For form of nomi- nation, see Hook, art. Curacy.) "The nominator must appoint his clerk within six months after the avoidance, for if he docs not, and the patron presents his clerk be- fore the bishop hath taken any benefit of the lapse, he is bound to admit that clerk. But where one has the nomination and another the presentation, if the right of presentation should afterwards come to the qtieon, it has been held that he that has the nomination will be entitled to both, because the ipiecn wlio is to present is only an instrument to him who nominates, and it is not becoming the dignity of a queen to be subservient to another; but the nominator should name one to the lord chancellor, who, in the name of the queen, should present to the ordinary. And as the presentation, so the right of nomination may be forfeited to the queen.
It is true, if the patron, upon a corrupt agreement un- known to the nominator, presents his clerk, tliis shall not be prejudicial to tlie nominator witliin the statute of simony ; but if tlie nominator corru]itly agrees to nominate, his riglit of nomination shall be forfeited to the queen.'' See Clergy; Jus Devolutujl
Nomocanons is a term used to designate the compilations containing all special legislation for eccle- siastical purposes. See Canon Law. In the Eastern Church the expression KavoviQ was used to designate ecclesiastical rules, and vo^ioi civil (imperial) laws. There were at first separate collections of each. The Greek canons were originally arranged in chronological order, but were subsequently divided according to their nature, as by Jolm Scliolasticus (q. v.), who was patri- arch of Constantinople mider the emperor Justinian (564). He arranged them under fifty heads; his col- lection contained, besides eighty-five so-called canons of the apostles, the decisions of the synods of Nicrea, Ancyra, Neoc;v'sarca, Gangra, Sardica, Antioch, Laodi- cea, Constantinople, Ephesus, and Chalcedon, and sixty- eight canons taken from three letters of Basilius (pub- lished in Justelli et Ya-Uii Biblioth. jur. can. Lutef. [Paris] ii, 499 sq. ; comp. Assemani, Biblioth. jur. ori- ented, canon, et civil. [Rome, 1762] iii, 354 sq.). The civil ordinances and laws were also gathered in collec- tions— some ofKcial, some private. The great number of imperial decrees soon rendered it necessary, however, to collect separately such as referred to ecclesiastical matters. We know of three such collections of the I'c- f.ioi. The first, compiled by the above-mentioned John Scholasticus, patriarch of Constantinople, after the death of the emperor Justinian (f 565), contains, besides an introduction, eighty-seven chapters extracted from ten decrees of Justinian (published in Heimbach, Anecdota [Leips. 1838], ii, 202 sq.). The second, whose author is unknown, and which was compiled shortly after the first, contains twentj'-five chapters of imperial consti- tutions from the codes and decrees of Justinian (pub- lished in Heimbach, Anecdota, p. 145 sq.). Finally, the third, by an unknown author, and written probably during the latter years of the reign of Justin II (565- 578), contains, 1, the first thirteen titles of the Codex; 2, a number of extracts from the Institutes and Pan- dects referring to the jus ecclesiasticum ; and, 3, the first three titles of the commentary of Athanasius Scho- lasticus (Emesanus) on the decrees of Justinian, and four decrees of Heraclius (610-641) on ecclesiastical matters. This collection, published in the Bibliotheca juris canon, of YcrHius and Justellus, ii. 1223 sq., was formerly erroneously attributed to Theodwus Balsamon, a distinguished jurist of the second half of the 11th cen- tury, whence it received the name of Pseudo-Balsamon. Soon after the death of Justinian collections began to ap- pear, containing both the canons and such of the I'ofioi as referred to ecclesiastical matters, and these received the name of Nomocanons. Among them we find,