LEGATE, a title now generally confined to the highest class of diplomatic representatives of the pope, though still occasionally used, in its original Latin sense, of any ambassador or diplomatic agent. According to the Nova Cornpilatio Decretalium of Gregory IX., under the title "De officio legati" the canon law recognizes two sorts of legate, the legatus natus and the legatus datus or missus. The legatus datus (missus) may be either (I) delegatus, or (2) nuncios apostolicus, or (3) legatus a latere (lateralis, collateralis). The rights of the legatus natus formerly included concurrent jurisdiction with that of all the bishops within his province. The commission of the legatus delegatus (generally a member of the local clergy) is of a limited nature, and relates only to some definite piece of work. The legatus a latere (almost invariably a cardinal, though the power can be conferred on other prelates) is in the fullest sense the plenipotentiary representative of the pope. He has the power of suspending all the bishops in his province, and no judicial cases are reserved from his judgment. Without special mandate, however, he cannot depose bishops or unite or separate bishoprics. At present legati a latere are not sent by the holy see, but diplomatic relations, where they exist, are maintained by means of nuncios, internuncios and other agents.
The history of the office of papal legate is closely involved with that of the papacy itself. If it were proved that papal legates exercised the prerogatives of the primacy in the early councils, it would be one of the strongest points of the Roman Catholic view of the papal history. Thus it is claimed that Hosius of Cordova presided over the council of Nicaea (325) in the name of the pope. But the claim rests on slender evidence, it is even open to dispute whether Hosius was president at Nicaea, and though he certainly presided over the council of Sardica in 343, it was probably as representative of the emperors Constans and Con stantius, who had summoned the council. Instances of delegation
of the papal authority in various degrees become numerous in the 5th century, especially during the pontificate of Leo I. Vicarial or legatine powers had been conferred in 418 by Zosimus upon Patroclus, bishop of Arles. In 449 Leo was represented at the "Robber Synod," from which his legates hardly escaped with life; at Chalcedon, in 451, they were treated with singular honour, though the imperial commissioners presided. Another sort of delegation is exemplified in Leo's letter to the African bishops (Ep. 12) , in which he sends Potentius, with instructions to inquire in his name, and to report. Augustine of Canterbury is sometimes spoken of as legate, but it does not appear that in his case this title was used in any strictly technical sense, although the arch bishop of Canterbury afterwards attained the permanent dignity of a legatos flatus. Boniface, the apostle of Germany, was in like manner constituted, according to Hincmar (Ep. 3o), a legate of the apostolic see by Popes Gregory II. and Gregory III. Ac cording to Hefele (Conc. iv. 239), Rodoald of Porto and Zecharias of Anagni, who were sent by Pope Nicolas to Constantinople in 86o, were the first actually called legati a latere. The policy of Gregory VII. naturally led to a great development of the lega tine as distinguished from the ordinary episcopal function. From the creation of the mediaeval papal monarchy until the close of the middle ages, the papal legate played a most important role in national as well as church history. The further definition of his powers proceeded throughout the 12th and 13th centuries. From the 16th century legates a latere give way almost entirely to nuncios (q.v.).
See P. Hinschius, Kirchenrecht, i., 498 ff. ; G. Phillips, Kirchenrecht, vol. vi., 68o ff.