Question IV: Whether residence is necessary for bishops, and by what law

It is certain that residence in their own churches is necessary for Bishops.

It is had in multis decretis 7. quaest. 1. cap. pervenit, from Gregory in Regist. lib. 5. epist. 25; cap. suggistum, from Liberius epist. 1; cap. sciscitaris, from Nicholas ad Numfridium, and from the Council of Trent, sess. 23. cap. 1. de reformatione.

Yet an absence for a brief time is not condemned, as the Council of Trent explains; and it also declares that they can be absent for grave causes, even for a long time. Four are enumerated: first, Christian charity, if one should aid another diocese gravely needy at little inconvenience to his own. Second, pressing necessity on account of persecution or illness; thus Julius P. also declares to the Eastern Bishops, and Pelagius II. epist. ad Benignum, and the holy Doctor proves it on cap. 10. Ioannis, with those words of Christ: If they have persecuted you in one city, flee, etc., with D. Augustine tract. 46. Third, due obedience to the Pontiff calling him to himself. Fourth, the utilities of the Church, such as studies and other necessities.

The question, however, is: whether they are bound to reside by divine law.

The first opinion is Catharinus', tract. de residentia, holding that they are bound by ecclesiastical law alone.

Yet the true opinion is that Bishops are bound by Divine law to reside. So Tutrianus tract. de residentia, Sotus lib. 10. de iust. quaest. 3, Caiet. ad art. 5, Covar. lib. 3. var. cap. 3, Gregorius de Valentia disp. 10. quaest. 3. puncto 5, who says it is the common opinion; the same says Tambur. tom. 1. disp. 14. quaest. 1, and Bassaeus 11. resid. num. 4.

It is proved by D. Bonaventure, primo on cap. 9 and 10 of Luke; for in cap. 9 he laid down the norm for the Apostles, and in them for all Bishops, for the executing of their office; for the Apostles, according to their Etymology, were sent to teach and instruct peoples, and to build them up by example: and into whatsoever house they had entered, he said: abide there, and go not out from thence, unless cast out: now the Apostles are the pattern of Bishops, and the seventy-two Disciples of the lower Pastors; but to all he proposed the office, as to laborers and reapers, Ioan. 4: See the regions, for they are white already unto the harvest. I have sent you to reap. So Matt. 10: Pray the laborers, etc. And to the idle he inculcates, Matth. 20: Why stand you here all the day idle? Indeed in the figure of this he placed man dwelling in Paradise, that he might work, Genes. 2. This he explains in Lucae 10: The harvest indeed is great, but the laborers few, etc. Soon he compares them to Pastors, indeed even to Lambs: But the good shepherd lays down his life for his sheep, and he watches lest they be devoured by wolves: on the contrary: the hireling sees the wolf coming, and flees. Hence he says this is fulfilled Isaix 11: The wolf shall dwell with the lamb. Hence Peter 1. cap. 5: Feed the flock which is among you. These things indeed (the holy Doctor says) show attendance, and not any sluggish one, but a laborious one, a toilsome one, a vigilant one. Valencia uses this argument.

Soon he instituted them so that they enter into the cities, and there abide teaching; and if they are expelled, let them shake the dust from their sandals in testimony of their blameless flight. See the holy Doctor.

IT IS CONFIRMED by the holy Doctor in the Pharetra, loc. cit. quaest. prima and 3, from the Fathers, who show that the Bishopric, the work, and the laborious attendance are signified at those words, 1. Timot. 3: He who desires a Bishopric desires a good work.

IT IS PROVED secondly by D. Bonaventure, de Eccl. Hierarchia, part. 4. cap. 2. et 3. He shows that their presence is necessary for the things to which the Apostles and Bishops are likened. FIRST, indeed, they are compared to the heavens, Iob 26. The spirit of the Lord adorned the heavens, as D. Greg. expounds, lib. 17. moral. cap. 19; Psal. 18. The heavens show forth the glory of God: and the firmament declares the work of his hands; soon: Their sound went forth into all the earth. But where we have firmamentum, the Hebrew has: רקיע Rachia, which word is rendered in Latin expansio, which is understood also of the aerial heavens, as the holy Doctor notes according to the phrase of scripture, Matth. 13. The birds of heaven came; Psal. 103. over it the birds of heaven shall dwell; Iob 12. The birds of heaven shall tell thee. Now these heavens are present to us, thundering, snowing, raining, and sending forth dew. Therefore Isaias 45, desiring the presence of the Apostles, cried out: Drop down dew, O ye heavens from above.

They are also called fiery heavens, Thren. 1. Zachariae 22. Now fire is present in order to warm things, for mover and moved must be together.

Soon, however, cap. 3., the holy Doctor compares Bishops to the sidereal heavens, which send down celestial influxes to us; for they distribute the Sacraments, especially MANNA. Bishops are called heavens, because they diffuse light, Matth. 5. You are the light of the world, with their spherical motion, by which they revolve around the center, they are ever present, bringing days, months, and years, producing germs and living things. These and other things which the holy Doctor pursues express excellently the residence and presence of Prelates necessary by Divine law, and by nature.

IT IS PROVED thirdly by the holy Doctor part. 1. Eccl. Hierar. and in that whole work, for Bishops are as it were the Dominations, preeminent Angels, who attend upon the lower ones to be purged, illumined, and perfected; thus they are adorned with the name of Angels, Isaiae 33; Malach. 2; Apoc. 1.

INDEED if Pastors are laborers, and Angels keeping watch are vine-dressers, Bishops are bound at least to attend; otherwise they will lose the name of Bishop, as the Fathers cited say, quaest. 1. et 3., and St. Damasus, epist. 4.

THEREFORE Christ reproached the Pastor who deserts his flock, Ioan. 10. He reproaches him, Zach. 11. O Pastor, and idolum, leaving his flock, as the holy Doctor observes, ad 10. Ioannis. That this is indeed necessary is proved, that the Pastor know the face of his flock, as is said, Prov. 27, and the holy Doctor attends to it, ad 10. Ioannis.

TYRRIANUS, tract. de residentia, cites the Canon of the Apostles, which he says he read in a most ancient codex, in which those are deprived of the communion of Christ who are absent from their flock.

FINALLY the Council of Trent commands this very thing, sess. 23. cap. 1. de reform.

From what has been said you have also that Bishops are bound to residence by natural law, because natural law commands a rector to fulfill his function.

Catharinus' arguments are easily solved by Valencia, puncto 5.

He urges only this: divine law cannot be dispensed by the Pope; yet he dispenses concerning residence.

IT IS ANSWERED, that the Pontiff does not remove the bond, but supplies other means of the Bishop's residence. Moreover, the Bishop during all the time he is absent without cause forfeits his whole revenues pro rata, from Concil. Trid. sess. 25. cap. 1. See Tol. cap. 4; Fernandez, part. 4. cap. 7. num. 8; Bassaeus v. Episcop. num. 8. Truly it is also mortal, if it be notably so: but he forfeits the fruits by that very fact without declaration, and they are applied to the fabric of the Church.