§ 1. On Residence

2266. • I. PASTORS, and others having a curative benefice, are held by divine law TO RESIDE both materially and formally in their Churches, unless a legitimate cause excuses. This is established from Trent sess. 6, cap. 1, de Ref., and sess. 23, c. 1, de Ref.

We said 1. pastors and others, etc., i.e. all upon whom the actual care of souls is incumbent: such are coadjutors of a united parish, curative Vicars, parochial Vicars of a vacant parish, or of an absent pastor. This is established from Trent, l. c., sess. 23, c. 1, and from the declaration of the Sacred Congregation of the Council, 6 November 1620.¹⁹

We said 2. by divine law, according to the common opinion and the express declaration made by Benedict XIV in his Bull Ubi primum, published 3 December 1740. And hence it is inferred that "the Pontiff cannot dispense in this, but only in some case can declare that divine law does not oblige, just causes intervening."²⁰

We said 3. both materially, i.e. in the presbyteral house, if such exists, or within the boundaries of the parish, so that thus he can easily be approached; and formally, i.e. usefully, as was said concerning Bishops (n. 2251). "Hence the Doctors commonly say... that a pastor is not reputed to reside if he does not exercise through himself the more principal duties, namely the administration of the divine word, of the Sacraments, etc."²¹

We said 4. unless a legitimate cause excuses, concerning which these things must be said:

2267. • II. Three things are required so that a pastor can licitly BE ABSENT, namely: 1. a just cause; 2. substitution of a suitable Vicar; 3. permission of the Bishop (Trent, l. c., sess. 23, c. 1, de Ref.).

There is required 1. a just cause, i.e. a grave cause, if he ought to be absent BEYOND TWO MONTHS, whether continuously or interruptedly; but a reasonable or honorable cause, e.g. of visiting relatives by blood, or of suitably recreating himself, if he wishes to be absent within two months, without any detriment of the flock. But from the Constitution Ad universae of Benedict XIV, "levity of spirit, desire for amusements, and other futile causes are utterly excluded."²²

There is required 2. substitution of a suitable Vicar, even if he is absent only for a few days; nor can the nearer pastor serve (without the permission of the Ordinary). Yet otherwise, if the case were urgent, and a Vicar could not be found.

There is required 3. permission of the Bishop, who approves both the cause of departure and the substitution of the Vicar; and this in writing, if it is a question of absence to be prolonged beyond two months. In a case of urgent necessity, the pastor will be able licitly, without permission, to be absent for a brief time, provided he leaves a suitable Vicar (from the decree of the Sacred Congregation of the Council, 7 October 1604): but unless he is about to return within a brief interval of time,

he ought to make the Bishop more certain concerning his departure and concerning the cause of the departure. "Likewise, from smallness of matter, he can be excused, at least from mortal sin, if he departs for a modest time, as the Doctors commonly say, provided he does not leave sick persons in the article of death."¹

2268. • It is ASKED. What PENALTIES do non-resident Pastors incur?

Resp. From natural law and from Trent, according to the common interpretation, non-resident Pastors (among whom are to be numbered those residing uselessly), in proportion to the time of absence or negligence, do not make their fruits their own, and are held, before every sentence or declaration, to apply them to the fabric of the church, or to expend them upon the poor of the place; nor can this obligation be remitted to them by any composition.

Yet they are not held to restore all the fruits corresponding to the time of absence, but only that part which corresponds to the burdens of residence.... The reason is because according to an absolutely probable opinion, fruits are given to Pastors not only for the burdens of residence, but also for the recitation of the divine Office, application of the Sacrifice, and other duties.²

Note. Nor can priests, to whom the removable care of succursal churches has been committed, renounce their duty without the permission of the Bishop, under the pretext that they do not possess benefices properly so called (S. C. C., 9 May 1884).³