Article — Marc, Institutiones Morales

Article I: On The Obligations Of Bishops

¶2250.
    • Things to be noted beforehand. 1. Bishops are ecclesiastical Prelates who, obtaining the fullness of the priesthood, succeed into the place of the Apostles, and participate in the government of the Church: whether insofar as together with the Roman Pontiff they constitute the teaching or governing Church, or insofar as they are placed over individual dioceses, under the Pontiff, by ordinary office (See the Canonists19).
  1. The things which were said above (n. 2196 sqq.) concerning the holiness of Clerics, agree especially with Bishops; for they, as being constituted in the state of acquired perfection, ought to be perfect, according to that of the Apostle: Present yourself as an example of good works (Tit. 2:7).20

Many are the OFFICES of Bishops; and since knowledge of them greatly benefits even Pastors of an inferior grade, it is useful here to set forth the principal parts of these offices.

(19) Cf. Bouix, de Episcopo, P. I and IV. (20) Trent, sess. 23, cap. 4.

¶2251.
    • I. A Bishop is held, and indeed by divine law, TO RESIDE formally in his own diocese, unless a JUST CAUSE excuses. This is established from Trent sess. 6, cap. 1, de Ref., and sess. 23, cap. 1, de Ref. Whence St. Alphonsus says:21

"the ring is consigned to the Bishop in his Consecration, that by wearing it he may consider that he is no longer of his own right, but of his Church, his spouse, so that perpetually, while he lives, he may assist her." As regards the penalties established by the Council, see n. 1378.

We said 1. to reside formally, that is, laboriously and usefully; for in the bull Grave of Benedict XIV it is declared that residence is not true unless it is formal.1

We said 2. in his own diocese: for the Council of Trent says that "Bishops are obliged to personal residence in their Church or diocese." Then it exhorts them to reside in their Cathedrals "on the Sundays of Advent, Lent, the Nativity, Resurrection of the Lord, Pentecost, and Corpus Christi, on which days the sheep ought especially to be refreshed and to rejoice in the Lord by the presence of the Pastor."2

We said 3. unless a just cause excuses. But from Trent (loc. cit.) FOUR CAUSES are assigned which excuse a Bishop from continuous residence, namely: 1) Christian charity, e.g. if some Church is in great danger of heresy, and he can bring help to it without notable detriment of his own Church; or if his mediation is necessary for composing the enmities of powerful persons, etc. 2) Urgent necessity, e.g. if he is in danger of life on account of sickness, inclemency of the air, personal persecution, etc.; but not on account of a general danger, e.g. in time of contagion, etc. - 3) Due obedience, namely when the Pontiff calls him elsewhere and entrusts to him the care of some business. 4) The evident good of the Church, for defending its rights, e.g. in a provincial or general Council.3

By law it is PERMITTED to the same that, from an honorable cause and without detriment of the flock, each year for two or three months, either continuously or interruptedly, they stay outside the diocese. This is established from the same Trent (loc. cit.). But they cannot be absent longer without an APOSTOLIC INDULT. Whence Benedict XIV in the Bull Ad universae declared that a Bishop who is absent beyond the three conciliar months, without express permission of the Roman Pontiff, is to be held as a transgressor, and that he does not make the fruits his own, and finally that he incurs the other penalties which have been brought against transgressors.4

(21) H. A., VII, 62; cf. Book IV, 120 sqq. (1) Book IV, 127, dub. 3. (2) Sess. 23, cap. 1, de Ref. (3) Book IV, 125; H. A., VII, 19. (4) Book IV, 125-127; cf. Craisson, n. 894.

¶2252.
    • II. A Bishop is held TO VISIT THE WHOLE DIOCESE in individual years, unless the excessive breadth of the diocese prevents it; in which case, AT LEAST WITHIN A BIENNIUM, he ought to complete the whole visitation. - This is established from Trent (sess. 24, cap. 3, de Ref.), which thus gravely asserts the obligation: "Let Bishops not omit to visit their own diocese by themselves, or, if they have been legitimately impeded, through their Vicar General or Visitor; if because of its breadth they cannot visit the whole each year, let them visit at least the greater part of it, so nevertheless that the whole be completed within a biennium by themselves or their Visitors." And the Council adds: "let them strive as quickly as possible, yet with due diligence, to complete the visitation itself." But if he wishes to defer it beyond a biennium, he needs an Apostolic Indult.5

But in these visitations the Bishop OUGHT: - 1. To preach. For the Apostle says (2 Tim. 4:2): "Preach the word; be instant in season, out of season; reprove, entreat, rebuke, in all patience and doctrine." 2. "To examine the children, that he may see how they have been instructed; and thus he can provide against the negligence of pastors, by correcting them, and even by substituting some steward to teach the children doctrine at the pastor's expense, at least for the example of others." 3. "To examine priests in the ceremonies of Mass, and to suspend from celebration, without any mercy, those who, as they ought, are not skilled in them. - The Bishop can also recall approved confessors to examination, and from a just cause even pastors." 4. "He ought to apply a personal scrutiny concerning all the priests of the region, by secretly questioning each one, first concerning his own duties, that he may suggest to him what will be necessary, and then concerning the defects of others, and especially of the pastor, of confessors, e.g. in what way they apply themselves to their duty, with whom they associate, etc." - 5. "Let him inquire concerning abuses, scandals, and discords which creep through the regions." - 6. "Let him take care to raise to fervor the Congregations of secular persons, and to provide them with opportune helps, by assigning a preacher and confessor, if they lack these." - 7. "Finally, let him not omit to administer the Sacrament of Confirmation," according to what was said n. 1498.6

(5) Cf. Vecchiotti, vol. I, lib. 2, § 63, p. 287. (6) H. A., VII, 60; cf. also St. Alph., opusc. Riflessioni utili ai Vescovi, where there are many things full of the spirit of God (Opp. ascet., III, 865).

¶2253.
    • III. "A Bishop is held TO CHOOSE for ministers of the altar only the WORTHY, and to exclude the unworthy."7 Indeed, "a Bishop conferring sacred Order on an unworthy man sins by a double title: he sins because he fails in his duty; and he sins because he cooperates in all the sins which that man will commit, and he will be the cause why others also sin. St. Paul intimates this same thing (1 Tim. 5:22) when he said: 'Impose hands hastily on no one, nor communicate in others' sins.'"8

"A Bishop ought to EXAMINE two things in those who aspire to Orders, namely spirit and doctrine." 1. Concerning spirit and morals, although that ancient rigor can no longer be brought into practice, by which access to Orders was closed to one who had fallen into one mortal sin, nevertheless it is certain that no one can be admitted to Orders unless he has first been proved in virtues, and especially in lasting continence, which those ordained in sacred Orders will have to profess.9 2. But concerning doctrine, "the Bishop ought to take the greatest care to inspect whether the one who asks to be promoted has been well taught, and whether he is eager for study: since he who is not a lover of study will never be suitable for the Church, indeed he will necessarily be depraved: for (as is customarily said) idleness is the father of vices"10 (cf. n. 1914, 1915).

Wherefore the Bishop must apply himself so that he have a SEMINARY constituted with the best direction (establishing that no one seek Orders who has not stayed there at least three or four years). For from this afterward pastors, confessors, and other priests will be selected, and thus he will be able to render his diocese cultivated.11

(7) H. A., VII, 47. (8) Ibid., 51. (9) Ibid., 47-51. (10) H. A., V, 52. (11) H. A., VII, 53, where there are more things; cf. Regolam. per i Seminarii; cf. also Lucidi, cap. 6.

¶2254.
    • IV. "A Bishop is held TO CHOOSE good PASTORS and good CONFESSORS."12 For on these depends the whole good of the diocese.
  1. As regards PASTORS, it is already established that the more worthy must be preferred, especially those who excel in knowledge and probity of life (cf. n. 2240). - "As regards knowledge, the Bishop can well conform himself to the judgment of the examiners; but his principal diligence ought to aim at this, that he himself know concerning probity of life, by inquiring for information from different persons.... For the Sacred Congregation of the Council decreed thus concerning the election of pastors: 'The less learned man (provided he is suitable) whose morals are approved is to be preferred to the more learned man whose life is unknown.' It is to be held as certain that an upright pastor is more useful to the people in one month than a more learned but less upright pastor in a whole year."13

Moreover, "the Bishop is held to inform himself from others whether pastors apply themselves to teaching children Christian doctrine, whether they preach, and whether they preach according to the prescription of Trent. Concerning this the Prelate ought often to admonish pastors, that they break for the little ones the bread of the divine word, also exhorting them that in sermons they strive to suggest matters which conduce to use: e.g. how temptations are to be repelled; what must be said when adverse things occur, or when someone is affected by injuries, and things of this kind. - Likewise, let him inquire with what diligence pastors and confessors apply themselves to hearing confessions.... Let him also commend assistance to the dying, and the Congregations of secular persons, especially of girls.... These congregations (if they are well disposed and directed) afterward cause the highest good; because if those girls afterward marry, they will easily teach their children the things which they themselves practiced, and whole families will be sanctified."14

  1. As regards CONFESSORS, the diligence of the Bishop should be greatest in forming and selecting them. "For on confessors depends the direction of the consciences of all the subjects, and one confessor who is ignorant, or depraved in morals, can make a whole region lost. Therefore the Bishop ought not approve anyone unless first he becomes certain of his probity and doctrine, by examining him on moral theology (cf. n. 4 and 1786)."15

But for promoting piety and knowledge in pastors and confessors, TWO things are necessary:

One is the annual giving of spiritual exercises, in which each priest not legitimately impeded is held to take part at least every second or third year, with some penalty established against the negligent.16

The other is at least the monthly celebration of theological Collations or Conferences, which should treat practical matters. All priests having care of souls are held to take part in these conferences, as is established from many declarations of the Sacred Congregation of the Council; but Regular confessors are exempted from them by constituted law, unless perhaps they are pastors. - Yet here there must be recalled what our Most Holy Lord LEO XIII, Pope, in the Constitution Romanos Pontifices (15 January 1881), declares thus: "But it has by no means escaped us that the Roman Council held in the year 1725 by the authority of Benedict XIII ordered all Confessors, even from Regular Orders, dwelling within the limits of the province, to celebrate those meetings, provided moral lectures are not held in their convents.... Therefore moved by these reasons we declare that all rectors of Missions ought by office to be present at the collations of the Clergy, and at the same time we decree and prescribe that Vicars also, and other religious men furnished with the faculties customarily conceded to missionaries, who inhabit hospices and small houses of missions, take part in the same."17

(12) H. A., VII, 54. (13) Ibid. (14) H. A., VII, 55 (cf. Selva, P. 3, c. 8, § 2 and 3). (15) Ibid., 56. (16) Cf. Acta S. Sed., vol. XII, p. 609. (17) Acta S. Sed., vol. XIII, p. 486.

¶2255.
    • V. To the Bishop, SCHOOLS, PIOUS PLACES, and MONASTERIES ought especially to be a care.
  1. As regards schools, "let the Bishop move every stone, that some Catholic schools be opened and be at hand, taking care that teachers undergo the examinations required by the Government, and obtain the necessary faculty of teaching"18 (cf. n. 712).

  2. "Let him not forget those who pass their life in hospitals, orphanages, prisons, etc. A Bishop is to be praised if sometimes he visits them; but he is held by strict obligation altogether to provide for their spiritual necessities."19

  3. As regards monasteries: 1) Let him not omit to explore the will of girls wishing to profess, lest they enter without the vocation of God, and afterward lead a restless life with common damage. 2) Let him not be easy in giving to strangers permission of speaking with cloistered nuns. 3) Let him send extraordinary confessors as is by law; but let him not confirm ordinary confessors beyond three years without necessity. 4) Let him take care that spiritual exercises be given each year by a priest who is exemplary and skilled in religious discipline; otherwise he would bring harm rather than utility.20

(18) Berardi, Prax., n. 702, IX; cf. also the Encyclical of LEO XIII to the Bishops of France, 8 February 1884. (19) Berardi, l. c. (20) H. A., VII, 61.

¶2256.
    • VI. A Bishop is held to CORRECT subjects, and to MEET scandals and abuses; for to this he performs the office of Pastor (Recall what was said n. 492 and 496).

But that he may efficaciously meet scandals, the Bishop ought diligently to inquire, not only from pastors and vicars forane, but also from other zealous priests (whom he should have destined to this in all parts of the diocese), concerning abuses which perhaps have crept elsewhere into other parishes. - And when priests come to him, let him take care that they are received without delay, and that the business on account of which they come is quickly dispatched; for thus it will happen that afterward, whenever they must come, they will return willingly.21 Similarly, that scandals and the ruin of souls may be prevented, let him resist with all his strength occult Sects, the reading of evil books and journals, the foundation and frequentation of impious schools, concubinages and merely civil marriages, and let him apply a prompt remedy to all growing evils; for medicine is prepared late when evils have grown strong through long delays.

But among subjects to be corrected, let him assign the first place to those Pastors of souls who perform their duty drowsily; to preachers who adulterate the word of God by preaching in which they set before themselves as an end their own glory more than the glory of God and the salvation of souls; to priests who too hastily, without gravity and without observation of the rubrics, celebrate Mass.22

But how one must proceed in summary forms, and without the noise of a trial, with undisciplined or criminal clerics: see the Instruction of the Sacred Congregation of BISHOPS AND REGULARS confirmed by our Most Holy Lord LEO XIII, 11 June 1880.23

(21) H. A., VII, 63. (22) Cf. Berardi, l. c., n. 702, VIII, IX. (23) Ap. Lucidi, vol. I, p. 530; cf. also Pierantonelli, Praxis Fori eccles., p. 270.

¶2257.
    • VII. A Bishop is held TO PRAY for the people and to bestow ALMS. As regards prayer, see what was said (n. 1606, q. 1) concerning the obligation of celebrating Mass. As concerns alms, St. Gregory affirms that it is the first work of mercy which a pastor ought to furnish to his flock.

"O how many evils," says St. Alphonsus, "can a Bishop provide against by alms! How many spouses live in sin, because the means of completing marriage is not at hand for them! How many children on account of poverty sleep together with their parents, or males with girls in the same bed, with such great destruction of souls! And therefore good Bishops take care to inquire from pastors concerning the necessities which are present, and enjoin upon them that they make him more certain whenever anything occurs."24

(24) Cf. H. A., VII, 64, 95, where there are more things.

¶2258.
    • VIII. A Bishop is held to render an account to the Holy See concerning the state of his own diocese; and to this end he ought at the established times to perform the VISITATION AD LIMINA.25 - Concerning this and certain other obligations of Bishops, see the Canonists.26

NB. Concerning the RIGHTS and PRIVILEGES of a Bishop, let St. Alphonsus be read, Book I, Appendix on Privileges (or Homo Ap., tr. XX, cap. 3). - See also in the alphabetical Index the various faculties of the Bishop indicated under the word BISHOP; - likewise Appendix I, Quinquennial faculties, and the Forms of the Sacred Penitentiary.

(25) Cf. Acta S. Sed., vol. X, p. 202. (26) Lucidi, de Visitatione SS. Limin.; Bouix, de Episcopo; Craisson, Manuale, n. 919 sqq.; Konings, II, p. 422 to n. 34.

¶2259.
    • It is ASKED. What CAN the Vicar of the Bishop do?

Resp. The Vicar General, or Official, once constituted by the Bishop, has, speaking in itself, from Law an ORDINARY and free POWER of managing those things which the Prelate himself can, and also of delegating others. - Hence, he dispenses in the banns of matrimony; brings censures, so that those subject to him obey, e.g. that the accused, or a witness, appear; approves for confessions; absolves one who has struck a Cleric; institutes those presented by patrons; judges beneficiary causes concerning the right of patronage and its quasi-possession, etc.27

We said speaking in itself: for those things are excepted which require a peculiar mandate. - Hence, without a special mandate, he CANNOT take cognizance of criminal causes in which there must be a more serious proceeding against the accused, e.g. through deposition or excorporation (commonly Exeat); nor can he confer Benefices, nor furnish consent in changing, uniting, or erecting them; nor can he visit the diocese, nor call a synod, nor summon a meeting of Canons. Similarly, without a special commission, he cannot absolve from cases which the Bishop reserved to himself; nor remove irregularities arising from an occult delict; nor grant dimissorial letters, unless the Bishop is staying outside the diocese for a long time; nor dispense in oaths, in vows, in ecclesiastical laws, indeed not even in episcopal and synodal statutes: so that generally in all things which savor of grace he needs a special mandate.1 - But that he can perform none of those things which are of the episcopal Order is of itself already sufficiently clear.

The Vicar General, if he has offended, can be punished by the Bishop as a private person. If he has offended concerning the jurisdiction or office of Vicar, he must be punished by the Metropolitan or by the Holy See; because the Bishop cannot be judge in the cause of his Vicar, as such; likewise, there is no appeal from the sentence of the Vicar to the Bishop, but to the Metropolitan or to the Holy See; because the tribunal of the Bishop and of the Vicar is one and the same.2 When the Bishop has died or been removed, the jurisdiction of the Vicar, as such, ceases.

(27) Cf. St. Alph., De Priv., 31, 34, 47; Bened. XIV, de Syn., L. 2, cap. 8. (1) Book III, 288. (2) Cap. Non putamus, de consuetud. in 6; cf. Craisson, n. 1120 sqq.