Those Bound by Particular Laws

Those Bound by Particular Laws.—The particular laws of the Church oblige all those who are subject to her general laws, and who become subject to the laws of a locality by reason of domicile or personal presence (Canon 13, Sec.2).

There are two kinds of domicile. (a) A true domicile or home is acquired in a place in two ways: immediately, when one takes up one’s abode there, with the intention of remaining permanently or indefinitely; finally, after ten years, when one has lived there so long, even though there was no intention of remaining permanently (Canon 92, Sec.1). (b) A quasi-domicile or residence is acquired in a place in two ways: immediately, when one takes up one’s abode there with the intention of remaining there for at least the greater part of the year; finally, after the greater part of the year, when one has lived there so long (Canon 92, Sec.2).

With regard to abode, four classes of persons are distinguished in Canon Law (Canon 91): (a) an inhabitant, who is one that has a domicile in a place and is present there; (b) a resident, who is one that has a quasi-domicile in a place and is present there; (c) a stranger, who is one that is outside the places of his domicile and quasi-domicile; (d) a vagus or homeless person, who is one that has no domicile or quasi-domicile anywhere.

The rules as regards those who are not strangers are: (a) inhabitants and residents are subject to the diocesan, provincial, and other particular laws of their territory (Canon 13, Sec. 2); (b) the homeless are subject to the local laws of the territory where they are present (Canon 14, Sec. 2).

The rules for strangers with reference to general laws (Canon 14, Sec. 1, n. 3) are; (a) a stranger is obliged to follow these laws, if they are observed in the place where he is, even though they are not in force in the place of his domicile or quasi-domicile; (b) a stranger is not obliged to observe general laws, if they are not in force where he is, even though they are in force in the place of his domicile or quasi-domicile. Thus, the general law of abstinence on Friday does not oblige one who is travelling in a place where the law has been suspended, even though he would be obliged by it at home. The traveller would do better, however, to keep to the practice of his home.

The rules for strangers with regard to the particular laws of their own domicile or quasi-domicile (Canon 14, Sec. 1, n. 1) are; (a) they are obliged in two cases—first, when those laws are not territorial but personal and obligatory on them everywhere (as is the case with the statutes of religious superiors), and secondly, when the violation of a territorial law would be harmful in its own territory (as when by fiction of law one must be considered as present on account of the law of residence); (b) they are not obliged in other cases. Thus, if one is travelling on a feast-day that is a diocesan holyday in one’s home diocese, but not in the diocese where one is, one is not obliged to hear Mass.

The following are the rules for strangers with regard to the particular laws of the place where they are: (a) they are obliged in two cases—first, when natural law itself requires that a territorial law be observed by all, and secondly, when the Church includes strangers among those who are subject to a territorial law; (b) they are not obliged in other cases. Thus, if a person is travelling on a feast-day that is observed as a holyday of obligation both in his home diocese and in the diocese where he is, but not as a general holyday of the Church, he is not obliged to hear Mass; for the law of his home diocese does not bind him, since he is out of its territory, and the law of the diocese where he is does not bind him, since he is not a subject of that law.

The natural law requires that strangers should conform themselves to local laws in the following cases:

(a) when non-observance would be a cause of scandal, which the natural law commands one to avoid. In this sense we understand the rule of St. Ambrose: “When you are at Rome, do as the Romans do.” Hence, if a stranger would cause real scandal by eating meat on a local day of abstinence, he would be obliged to abstain from it;

(b) when a local law deals with the solemnities required for validity of contracts (Canon 14, Sec. 1, n. 2). If strangers were not obliged by laws of this kind, they could take advantage of the inhabitants, a thing that is contrary to natural justice. Thus, “the place rules the act”;

(c) when the local law has for its object the maintenance of public order (Canon 14, Sec. 1, 11. 2); for the natural law demands that public safety be guarded. Hence, a stranger who commits a crime is subject to the penalties of the local law (Canon 1566).

Examples of territorial laws that oblige even strangers according to the precept of the Church are the laws that require all, even strangers, to follow the Calendar of the Church where they celebrate Mass, and to say the collectae imperatae prescribed by the bishop of the local diocese.

The rules given for strangers can be applied also to those who are in places exempt from local jurisdiction (e.g., in the monasteries of exempt regulars). The exempt are those who by fiction of law are held to be outside the territory of every diocese, and are subject, not to the local bishop, but directly to the Pope (Canon 515).

There are various cases, however, in which exempt religious are subject to the territorial laws of the diocese where they are. Thus: (a) when they accept parishes in a diocese, they are subject to the Ordinary in those matters that pertain to the parishes; (b) when the common good or the avoidance of scandal requires it, they should conform to a diocesan law.

Those who have a personal privilege can use it anywhere, for a personal privilege, like a personal precept, follows the person, not the territory.