THE NEW SCHAFF-HERZOG
ish territory who should seek out oppressed Christians. The founder, with one companion, undertook the first mission of this kind, liberating as many as four hundred captives in Valencia and Granada. His chief assistant was Raymond Nonatus, who, after suffering grievous tortures in Algiers and winning the name of a miracle-worker and seer, was made a cardinal by Gregory IX., but died on his way to Rome in 1240. Peter now made a journey to Africa, but returned after many perils to Spain, where, as well as in Southern France, he labored for some time to build up the order. In 1249 age and infirmity determined him to resign the generalship. He was canonized by Urban VIII. in 1628. The order continued to possess considerable importance in Spain until it lost the greater part of its possessions there in the revolution of 1820. It had a large membership also in Southern France, Italy, Sicily, and Spanish America. At present it is divided into four European and six American provinces, with about 450 members. The general has resided in Rome since the revolutionary movement drove him from Madrid in 1835. A female branch established by Antonio Belasco in 1568 is now almost extinct. A third order was founded at Barcelona in 1265, but never attained much importance. An attempt was made about 1600 to establish a reformed or discalced branch after the analogy of the Carmelites and Franciscans; Gregory XV. confirmed it as a separate congregation in 1621, and before long it numbered twenty houses. In 1725 Benedict XIII. formally recognized the whole order as belonging to the class of mendicant orders and entitled to all their indults and privileges.
(O. ZoCKLERf.) Bibliography: Lives of Nolaseo are found in ASB, Jan., ii. 981-990; by Estevan de los Morales, Valladolid, 1629; in the Histoire litteraire de la France, xix. 5-9; in P. B. Gams, Kirchengeschichte von Spanien, iii. 1, pp. 236-239; and in KL, ix. 1927. Literature on the order is given in M. Gmelin, Die Litteratur zur Geschichte der Orden S. Trinitatis . , Carlsruhe, 1870; Gari y Siumell, Bibliotheca Mercedaria, Barcelona, 1875; and by Heimbucher, Orden und Kongregationen, ii. 212-218. Consult also: H. de Grammont, in Revue historique, vols, xxv.-xxvii.; C. A. Kneller, in Stimmen aus Maria-Loach, li. 272 sqq., 357 sqq. ; KL, ix. 1927 sqq.
NOMINALISM. See Scholasticism.
NOMINATIO REGIA: The right of the sovereign to nominate to an ecclesiastical position. As early as the fifth century (the Merovingian period) the Frankish kings exerted a potent influence in the filling of the episcopal seats, while under the Carolingians and German emperors this developed into a veritable right of nomination, so that only in a few bishoprics were the ancient electoral rights of the clergy and people preserved, and this solely by special imperial privileges. It was not until the concordat of Worms, in 1122, which ended the dispute regarding Investiture (q.v.), that the ancient electoral rights of the German bishoprics were reestablished, the emperor merely retaining the privilege of being present at the election and of according to the elected bishop the investiture, before his consecration. Contrary to this rule, however, the popes, who in the mean time had attained a decisive influence in the filling of the episcopal seats, granted
to many princes the right to nominate the bishops in their own lands, partly by means of concordats and partly by special indult (concession). At present this so-called nominatio regia exists (with few exceptions) in Austria, Bavaria, and (until the recent separation of Church and State) also in France, as well as in the Roman Catholic states of Central and South America. It, like the election by the cathedral chapter, constitutes merely a presentation, although it involves a consideration of the requisite canonical qualifications, and the nominee acquires the right to administer the episcopal jurisdiction only through the papal confirmation, which in this case is called institutio canonica. E. Sehling.
NOMINATION, RIGHT OF ALTERNATIVE (Jus variandi). The right of a lay Roman Catholic patron in Germany and Austria to bring forward another candidate for nomination by the properly authorized superior ecclesiastic, within the legal limit of time following a prior nomination. The ecclesiastical patron is not permitted to exercise this right, and only in a case where he has unwittingly nominated an improper person is he allowed a fresh nomination. The superior ecclesiastic has the privilege of selecting from among the candidates the one that he shall consider the most suitable (socalled cumulative alternative).
It is questioned whether the patron has the right of multiple nomination. The common law does not contain any decision thereupon. It does not interfere with ecclesiastical interests; on the contrary, it favors them, inasmuch as it allows the bishop a greater number of persons to choose from, and hence the canonists are in favor of multiple alternation, rather than against it. E. Sehling.
NOMOCANONS: The name given in the Eastern Church to ecclesiastical rules. Nomoi, on the other hand, designates secular and especially imperial laws. The Greek canons were at first arranged chronologically, in special collections, but were later disposed systematically for practical convenience, under fifty titles, among others by Johannes Scholasticus. The secular regulations and rules were also assembled in various collections, partly official and partly private, especially in the codex of Justinian, the collection of Novellce, later in the Basilicans. With the great number of imperial regulations, the necessity soon became apparent of making a special collection of those concerning ecclesiastical matters. Soon after the death of Justinian a systematical arrangement and combination was begun of both canons and those nomoi which concerned ecclesiastical affairs and the name Nomocanon was used for this collection. Not long after the death of Johannes Scholasticus, such a collection was made from his codification in fifty chapters, from the above-mentioned selection of Novellce in eighty-seven chapters, and from other sources, and this was later elaborated, augmented, and perfected. Of much greater importance and diffusion was another nomocanon of fourteen titles, which was for a long time ascribed to the patriarch Photius. The original collection belongs to the seventh century. In 883, the work was completed, but not by Photius, to whom it was ascribed in accordance with a statement of Balsamon. At