Residence, visitation and the other duties of bishops

THE duties of bishops of the Catholic Church are treated of at length in canon law; here we will touch upon the chief of them in so far as they affect conscience.

In order to be able to fulfil his various duties a bishop must habitually reside within the limits of his diocese.

It is a disputed point among theologians whether this obligation is derived immediately from the divine law or from the positive law of the Church. We may say that at least remotely and in substance it belongs to the divine law, for in detail it is determined by the positive law of the Church. The bishop need not always live in the episcopal city, but he should be there to pontificate in the cathedral on the more solemn festivals of the year. Notwithstanding the obligation of residence the Code of Canon Law allows a bishop to absent himself from his diocese for good cause for a period of two or three months every year provided that he can do so without injury to his flock. His own conscience must decide what cause is sufficient to justify his absence. Besides these two or three months a bishop may further absent himself if Christian charity, urgent necessity, due obedience, or the evident advantage of Church or State require it. But besides these reasons, in countries subject to the Sacred Congregation of Propaganda, the leave of the Sacred Congregation is also required for longer absence than the two or three months mentioned above.

At stated times bishops are bound to visit their dioceses in order to promote sound religious teaching and to correct errors in doctrine, to protect the good and punish the wicked, and to exhort the people to lead religious, peaceful, and good lives.¹ They are specially bound to watch over the morals and discipline of the clergy, and that there may be a constant supply of zealous priests for the needs of the diocese they should have a seminary for the education of those whom God calls to the clerical state. By the authority of the Holy See several dioceses may have a seminary in common if they are too small and poor to support a separate one for themselves. The care of sound Christian doctrine is specially entrusted to bishops, and in the exercise of this charge they may visit public and private institutions, except such as are exempted from their jurisdiction, and they may condemn bad books not only by their ordinary authority, but as delegates of the Holy See in this important matter, They are bound at times to preach the word of God; every Sunday and day of obligation, even on the feast days that have been suppressed, they are bound to offer up Mass for the people committed to their charge; they should hold a diocesan synod every ten years, and make their visit ad limina at the fixed times, in order to render an account of the state of their dioceses to the Holy See.

¹ Can. 343

What about the obligation of residing? - It is certain that Bishops, although they are Cardinals, are held to residence; and that this obliges in itself under grave obligation, from Trent s. 6, c. 1, 2 de R., s. 23, c. 1 de R., and from the open declaration of Benedict XIV, C. Ad universae. L. 121. For indeed it is a most grave matter, looking to the salvation of souls. Hence they are held to receive the duty of consecration within a brief time, namely within three months. Trent s. 23, c. 2 de R. "And thus they cannot even exchange churches, as is expressly had from canon 15 of the First Council of Nicaea, and the same is had in canon 5 of the Council of Chalcedon and in Epistle II to Anastasius." L. 76. Cf. also L. 121. But the space of time required for grave fault must notably exceed the three months permitted by Trent. L. 127.

This residence is to be understood not only materially and idly, but formally and laboriously. This is established: 1. from Trent l. c., where they are held to discharge the office enjoined upon them; 2. from the Bull Grave of Benedict XIV, Instruction 17, n. 2; de Syn. l. 7, c. 1, n. 7; l. 13, c. 8; L. 127. A Bishop satisfies the obligation of residence by residing in any place of his diocese. This is established: 1. from Trent ib., in his Church or diocese; 2. from the Bull of Benedict XIV, C. Ubi primum; L. 124; Ferraris v. Episcopus, a. 3, n. 14, who adds: "provided he goes to the Cathedral at the times prescribed by Trent s. 23, c. 1 de R., S. C. of Bishops, December 17, 1649"; except: "unless episcopal duties in his diocese call him elsewhere." Trent l. c.; Lucidi de Visit. SS. Lim. v. 1, p. 140, ed. 3; E. M.

What are the causes excusing Bishops from continuous and perpetual residence? - From Trent l. c. they are four: 1. Christian charity, if for example some church is placed in great danger of heresy, discord, etc., and the bishop can bring help to it. 2. Urgent necessity, if for example the bishop is placed in danger of life on account of illness, personal persecution, etc. 3. Due obedience, if for example the Supreme Pontiff calls the bishop so that he may commit some business to him to be treated. 4. Evident utility of the church or republic, for example by reason of a national council, provincial council, etc. On account of these same causes a pastor also can be absent beyond the two months conceded to him.

The causes enunciated regularly do not legitimize the absence of Bishops, except insofar as there accedes the permission either of the Supreme Pontiff, or of the metropolitan, or, if he is absent, of the older residing suffragan Bishop. But now, says Scavini vol. 1, n. 428, 6th ed., Milan 1874, from Benedict XIV, one must always have recourse to the Pope. Urban VIII, C. Sancta Synodus, December 12, 1634; Benedict XIV, C. Ad universae, September 3, 1746. Regularly; for certain cases are to be excepted. And from the Council of Trent itself, l. c., exception is made: "unless the absence has happened on account of some duty and office of the republic annexed to the bishoprics; since the causes of this are notorious and sudden, it will not even be necessary that they be signified to the metropolitan." Benedict XIV, C. Ad universae, September 3, 1746, §§ 6, 9, 20; Urban VIII, C. Sancta Synodus, December 12, 1634; L. 122 par. Insuper, 125 in fine; Lugo, Resp. Mor. l. 5, d. 13.

Besides the aforesaid causes, is it never lawful for Bishops to be absent from their diocese? - It is lawful for Bishops, outside the aforesaid causes, to be absent from their dioceses for two or at most three months, but this cannot be done except from an equitable cause and without any detriment of the flock, Trent l. c.; by which words, says Benedict XIV, C. Ad universae, "levity of mind, desire for pleasures, and other futile causes are completely excluded." But for this three-month absence Bishops do not need permission of the Holy See. L. 122.

Is a Bishop excused from residence on account of danger of contracting plague? - Reply: Negatively. And the same must be said concerning a pastor. S. C. C. and Declaration of Gregory XIII, December 13, 1576. But then the pastor can minister the sacraments to those infected by plague through others, lest the healthy, fearing the plague, refuse to confess to him, and so that he may be able also to satisfy the other duties of his office. Since superiors also, whether regular prelates, are bound by the obligation of residence, on account of the care to be carried for their own, hence they too are held in time of plague to assist their own. L. 119, 233; S. Th. 2. 2. q. 185, a. 5.

To what penalties are Bishops liable who transgress the precept of residence? - Besides other penalties, they are held to restitution of the fruits For they do not make them their own in proportion to the time of absence, namely if they do not reside beyond three months, without legitimate cause and the express permission of the Roman Pontiff; and they are held to expend them on the fabric of the churches, or on the poor of the place, without any other declaration. If they are absent for six continuous months they lose the fourth part of the fruits; if for the whole year, half; if longer, they are to be punished more severely. Trent s. 6, c. 1 de R.; s. 23, c. 1 de R.; Benedict XIV, C. Ad universae; L. 122, 126, 127.

What about the obligation of visiting the diocese? - A Bishop is bound by obligation to visit the diverse churches of his jurisdiction by himself, or through another if he has been legitimately impeded, so that he may know his sheep, as is fitting, discover their necessities, and supply the means of meeting them. He is bound to this by divine and natural law; for he is the pastor of the whole diocese, and this law cannot be abrogated by any custom. This visitation is to be made once a year, or in two years if the diocese is large. All churches and public oratories are to be visited, and also parochial churches united to monasteries. On the occasion of visitation, moreover, procuration is owed to the Bishop, which is the furnishing of those things necessary for suitable food and lodging, to be supplied by those whom they visit. He likewise has the right of visiting pious places. Regular prelates also are held to visit frequently the monasteries of their congregation and to attend to their reform. C. 3 de Relig. Domib.; Trent s. 7, c. 7, 8 de R.; s. 21, c. 8 de R.; s. 22, c. 6, 8, 9 de R.; s. 24, c. 3, 9, 10, 11 de R.; s. 25, c. 1, 8, 11, 20 de Reg.; Giraldi p. 1, s. 583, 597; E. M. Cf. Instruction for the Apostolic Visitation of the City and Italy.

Ordinaries of the Latin rite cannot admit any Oriental collector of money without permission of the S. C. de Propaganda Fide. S. C., January 1, 1912.

What about the governance of clerics? - A special care of watching over the life and honor of clerics rests upon Bishops. This is established: 1. from Trent s. 14, Proem. de R., s. 22, c. 1 de R.; 2. from the Encyclicals of Pius IX Qui pluribus, 1846, and of Leo XIII Etsi Nos, February 15, 1882. Bishops are held, moreover, to institute an ecclesiastical seminary and to have particular care of it. Trent s. 23, c. 18 de R.

So that a Seminary of Clerics may be erected in each diocese, the Council of Trent s. 23, c. 18 de R. decreed that the Bishop establish and tax a portion to be deducted from the fruits of individual benefices for the expenses of the Seminary, yet with the counsel of two from the Chapter, one of whom is chosen by the Bishop, the other by the Chapter itself, and likewise of two from the Clergy of the city, the election of one of whom pertains to the Bishop, and of the other to the Clergy. Lugo, Resp. Mor. l. 5, d. 21.

Bishops in Italy must observe and put into execution the Norms of the S. C. of Bishops and Regulars, January 18, 1908. According to these Norms they cannot permit students of their own diocese to carry out studies privately, or outside Seminaries dependent on them. This has also been specially forbidden to other dioceses. But Italian Seminaries are to be ordered and the studies in them handed down according to the norm of the Circular Letters of the S. C. Consistorial, July 16, 1912.

The teaching of Sacred Scripture is to be imparted in each Seminary according to the prescription made concerning this matter by Pius X, Letter Quoniam in re biblica, March 27, 1906.

But the reading of newspapers and periodicals must be interdicted to students of Seminaries, an exception being made for these latter, for some periodical of sound principles and indicated by the Bishop as opportune for the studies of the students. There ought not be lacking in it a spiritual director. Pius X, Epistle to the Bishops of Italy, July 28, 1906. Students dismissed from one seminary cannot be admitted into another. In this matter the Decree of the S. C. C., December 22, 1905, is to be observed. "Those (pastors) who live shamefully and scandalously, after they have been forewarned, let (the Bishops) coerce and chastise; and if still incorrigible they persevere in their wickedness, let them have the faculty of depriving them of benefices according to the constitutions of the sacred canons, exemption and appeal being removed." Council of Trent s. 21, c. 6 de R. "The cognition of the aforesaid (crimes)... pertains to the Bishops themselves, who can proceed without noise and figure of judgment, and with only the truth of the fact inspected." Council of Trent s. 25, c. 14 de R. In this chapter there is question of causes of clerics who are concubinarians. Benedict XIV, C. Ubi primum, December 2, 1740; E. M.

What about the care to be had for doctrine? - It belongs to the Bishop to watch over institutions, whether private or public, and also over the printing of books in such a way that nothing be handed down which is opposed to faith and morals. It also pertains to him by a special title to denounce pernicious books. This is openly established from his office as pastor. Trent s. 5, c. 2 de R.; Leo XIII, C. Officiorum, VIII Kal. Febr. 1896.

Modernism: It is the collection of all heresies. Bishops must watch that it be rooted out if it has been present, and must take care lest it be present. Bishops are to prevent the writings of Modernists from being published and read; especially they are not to permit them to adolescents in Seminaries and to hearers in Universities. Let them institute a council of vigilance, to meet with the Bishop every other month and on a fixed day. Its duty will be to investigate indications of modernism in books and in teachings; likewise to watch over books and journals, lest dangerous questions be treated in these with weak arguments and prejudged questions; finally, in all writings concerning the social matter. By Modernism rash and false novelties are condemned, against the doctrine of Sacred Scripture and that constantly handed down by the Fathers and Catholic Doctors; but by no means is any modern discovery whatever condemned which is proved by solid reason.

Those who are prone to the errors of modernism are to be excluded from teaching and from sacred orders. Pius X, Encyclical Pascendi, Motu Proprio Sacrorum Antistitum.

What about the obligation of preaching? - "As regards Bishops," says Sporer t. 3, p. 73, n. 27, "although they regularly, according to custom, are not held to preach and administer the sacraments by themselves, nevertheless they must personally watch that this be furnished through others, and besides instruct the flock by good example and come to the aid of the poor. It was said regularly, for I think that at least sometimes Bishops are held to preach, since they themselves, as Trent declares in the cited chapter 1, session 23, are held by divine law to feed their sheep by the preaching of the divine word. And this is declared by the same Council s. 5, c. 2 de R." L. 127. Likewise in Trent s. 24, c. 4 de R., it is said that the duty of preaching is the principal duty of Bishops, and the Holy Synod "commands that in their own Church they themselves by themselves, or, if they have been legitimately impeded, through those whom they shall assume for the duty of preaching... announce the Sacred Scriptures and the divine law." Cf. also Trent s. 24, c. 7 de R. Cf. 239; E. M.

Bishops must further take care that children and the uneducated be taught the catechism according to the norm of the Constitution Acerbo nimis of Pius X.

I. QUESTION I. Whether pastors of souls are bound by natural and divine right to reside in their own Churches? ANSWER. Commonly all theologians affirm it, and this is evinced from the holy Scriptures. Hast thou cattle? Have an eye to them: and if they be for thy profit, keep them with thee. Ecclesiasticus 7. Again Proverbs 27: Be diligent to know the countenance of thy cattle, and consider thy own flocks. Christ the Lord more clearly inculcates this doctrine, John 10, saying: I am the good shepherd. The good shepherd giveth his life for his sheep. But the hireling, and he that is not the shepherd, whose own the sheep are not, seeth the wolf coming, and leaveth the sheep, and flieth: and the wolf catcheth and scattereth the sheep. Again, chapter 21: Feed my sheep. St. Peter, 1 Epistle, chapter 5, says: Feed the flock of God which is among you, not by constraint, but willingly, according to God. These divine testimonies are most clear.

II. Pastors ought to feed the flock of God by preaching the holy word, by teaching, by administering the sacraments, by assisting the sick, by defending them from wolves. For demons like roaring lions and hungry wolves go about seeking to devour the flock of God. Can pastors exercise the aforesaid duties absent? Can they console widows, raise up the poor, feed the flock — in one word, can they be distant? Wherefore Trent, session 23, chapter 1 On Reformation, declared this residence to be of divine right. This opinion, says Natalis Alexander, treated with a triumphal pen Bartholomew Carranza Archbishop of Toledo, Dominic Soto, Cardinal Cajetan, Cardinal Bellarmine, and several others.

III. QUESTION II. Are the Roman Pontiff and the Cardinals bound to reside like other pastors? ANSWER. Commonly all theologians affirm it. For all are subject to natural and divine right. Several canonists — Abbas, Gonzalez, Barbosa, and others — defend that Cardinals instituted bishops can reside at Rome, because, they say, those who reside in the head reside in the members. This axiom is vain beyond what can be said, and their opinion is evidently false, and today against the express declaration of Trent, session 23, chapter 1, where it subjects Cardinals also to residence.

IV. QUESTION III. What causes excuse bishops from personal residence? ANSWER. Trent sets them forth in the cited session 23, chapter 1, in these words: Since Christian charity, urgent necessity, due obedience, and the evident utility of the Church or of the commonwealth sometimes demand and require that some be absent, the same holy Synod decrees that these lawful causes of absence are to be approved in writing by the most blessed Pontiff, or by the Metropolitan … unless the absence should fall out on account of some office or duty of the commonwealth adjoined to bishoprics: of which, since the causes are notorious and sometimes sudden, it will not even be necessary that they be signified to the Metropolitan. … Meanwhile let those about to depart remember so to provide for their own sheep, that, so far as can be done, they receive no harm from their absence.

V. Pastors can be absent from their own Church, if without notable detriment to the same the charity of Christ should demand that they succour other Churches in peril, or that they compose the discords of princes, as often as their industry should be necessary for it. Urgent necessity of defending one's own life excuses from residence, when detriment does not threaten one's own Church from the absence. Celebrated is the example of that prodigious and heroic man St. Athanasius. When on the contrary the absence of a pastor would gravely obstruct the Church, then life would have to be given for the sheep, as Christ the Lord commands.

VI. QUESTION IV. Can bishops join the three months of one year with the three months of another year? ANSWER. The affirmative opinion of some is to me false, and circumvents the law. This opinion being admitted, bishops could establish for themselves a permanence of twenty or thirty years of life, and couple the three-month periods of all the years. But the cited authors object that Trent does not forbid this coupling. But it has this: because Trent was unwilling to foresee all comments. Parish priests and all others having the care of souls are, like bishops, bound by natural and divine right to reside.

VII. The causes excusing parish priests from residence are those which excuse a bishop: Christian charity, urgent necessity, due obedience, the evident necessity of the Church, or the utility of the commonwealth. Always nevertheless these causes are to be known and approved by the bishop. Neither Cardinals nor bishops can occupy parish priests or other pastors in their own service. Nay, not even for the sake of studies can parish priests be absent from their parishes: because if they are rude and ignorant, they ought to dismiss their parishes. The privilege which Trent, session 5, chapter 1 On Reformation, grants to beneficiaries, namely to Canons truly teaching sacred Scripture in a public University, does not extend to parish priests. Nor does the privilege of Eugenius IV Qui creditum, and so forth, avail. But that privileges of this kind are derogated and null is established from the words of Trent, session 23, chapter 1, where these things are had: Nor can the execution be suspended by any privilege, licence … statute, even confirmed by oath or by any authority whatsoever, or by a custom even immemorial, which is rather to be reckoned a corruption … or by force of the EUGENIAN constitution. What can be expected more clearly?

VIII. Bound also to residence are Canons, prebendaries, mansionaries, and chaplains of a cathedral Church. Those elected to benefices are bound within three months to receive the Orders annexed to them, as Trent declares, session 23, chapter 1 On Reformation. Those elected to a benefice with the care of souls, unless within a year of taking possession they be promoted to the priesthood, are deprived of the benefice.

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.