Duties of Parish Priests

THE parochial system is not an institution of the primitive Church, much less of divine origin. For some centuries it was usual for the bishop to reside in some city with his body of clergy around him, some of whom were despatched as occasion required to minister to the faithful in outlying districts. In the fifth and sixth centuries parishes began to make their appearance in some places in the country districts, and in the eleventh, parish churches began to be instituted in the cities. Even at the period of the Council of Trent the parochial system had by no means become universal, but this council commanded that where churches had no fixed limits nor the pastors their own flock, and the sacraments were administered promiscuously to any who asked for them, the bishops should divide the people into fixed and proper parishes and assign to each its perpetual and separate parish priest, who might know them, and from whom alone they might lawfully receive the sacraments.¹ It added, indeed, that they might provide in some better way as circumstances of place demanded.

The Code of Canon Law prescribes that the territory of each diocese be divided into distinct parts called parishes, and that to each parish be assigned its own parish church with separate parishioners, and over it is to be placed its own parish priest for the necessary cure of souls (Can. 216).

The bishop should also divide his diocese into separate districts consisting of several parishes and called vicariates forane, or deaneries.

In the same way, where it can be done conveniently, vicariates apostolic and prefectures apostolic are to be divided.

The parts into which vicariates and prefectures apostolic are divided are called quasi-parishes, and the priests placed over them are called quasi-parish priests.

A parish priest is a priest or moral person or corporation who is collated to a parish in title with the cure of souls to be exercised under the authority of the local Ordinary (Can. 451).

A monastery or a cathedral chapter may have the habitual cure of souls as parish priest, but in accordance with Canon 471 such corporation must constitute a vicar to exercise the actual cure of souls, and allow him his decent support according to the judgement of the bishop.

‘When the parish priest has obtained possession of his parish, it is his lawful title for the exercise of all the duties and rights belonging to the office, and for the receiving of all the emoluments connected with it.

Quasi-parish priests and vicars of parish priests have in general all the rights and duties of parish priests (Can. 451, Sec. 2).

¹ Sess. 24, de Ref., c. 13.

In order that a parish priest may be able to fulfil his duties and be ready to help his parishioners in their spiritual needs, he should reside in the presbytery near the church.

The parish priest is allowed to be absent for two or three months, either continuous or interrupted, in the year, unless a grave reason in the judgement of the Ordinary himself requires a longer absence or permits only a shorter.

The days during which a parish priest is engaged in spiritual exercises, in accordance with Canon 126, once a year, are not reckoned in the two months of vacation.

Whether the time of vacation be continuous or interrupted, when the absence is to last beyond a week, the parish priest, besides a legitimate cause, ought to have the leave of the Ordinary in writing, and leave a vicar as substitute in his place to be approved by the same Ordinary; and if the parish priest is a religious he requires, in addition, the consent of his superior, and his substitute ought to be approved both by the Ordinary and by his superior.

If a parish priest is compelled by some sudden and grave reason to depart and to be absent beyond a week, let him inform the Ordinary by letter as soon as possible, telling him the reason of his departure and the priest who supplies for him, and let him abide by his commands. Even for a period of shorter absence a parish priest ought to provide for the needs of the faithful, especially if special circumstances demand it (Can. 465).

The Westminster Synods require that curates give notice to the parish priest if they wish to absent themselves even for a day.

On Sundays and on the other days of obligation throughout the year it is the peculiar duty of the parish priest to preach the word of God to the people in the usual homily, especially in the Mass, which is more frequented by the people.

The parish priest cannot habitually satisfy this obligation by employing another to do it, except for a good reason approved by the Ordinary.

The Ordinary may allow the sermon to be omitted on certain more solemn festivals, or even on some Sundays for a good reason (Can. 1344).

The kind and manner of instruction should be accommodated to the people, teaching them what is necessary for salvation, inveighing against vice and inculcating virtue, so that the people may be able to avoid hell and gain heaven, as the Council of Trent teaches.

The parish priest should prepare the children of his parish for the reception of the sacraments of Penance and Confirmation, and more specially for their first Communion. Moreover, after their first Communion he should take the opportunity to give them fuller instruction. On Sundays and days of obligation at some suitable time he should give catechetical instruction to the grown-up people of his parish (Can. 1330-1332).

To be able to fulfil his duties towards the members of his flock, a parish priest must know them, and he should not wait till they come to him; he should visit them and seek out those who have wandered from the fold. He is bound to correct the erring and to strive to recover them. He should also be able to devote some time to inquiring souls outside the fold. He should keep a book in which to enter particulars concerning the status animarum. He must be ready to administer the sacraments at the reasonable request of his parishioners, and he must say Mass in order that they may be able to fulfil their obligation of hearing it on the appointed days. Indeed, the provincial synods express a desire that there should be Mass daily in the parish church, and it will be the duty of the priest to provide this wherever the faithful have been led to expect it and frequent the church for the purpose.

On all Sundays and holidays of obligation, even on those that have been suppressed, parish priests are bound to apply Mass for their people (Can. 466).

Quasi-parish priests are bound to apply Mass for their people at least on the more solemn feasts mentioned in Canon 306.

The parish priest should say the Mass to be applied for the people in the parish church unless circumstances require or suggest otherwise. If he is lawfully absent he can apply the Mass for the people either himself in the place where he is staying, or through the priest who supplies for him in the parish (Can, 466, secs. 4, 5).

The Code mentions five kinds of parochial vicars: Vicarius curatus, Vicarius oeconomus, Vicarius substitutus, Vicarius adjutor, and Vicarius co-operator. (Vicar with the cure of souls, Vicar-econome, substitute Vicar, assistant Vicar, and co-operating Vicar.)

It will be sufficient for our purpose to say something on the duties of Vicarii co-operatores, or curates, as they are frequently called in this country.

If, on account of the number of people or for some other good reason, the Ordinary judges that one priest cannot look after a parish, he should appoint one or more curates and . assign them a decent support.

The rights and duties of a curate are to be learnt from the diocesan statutes, from the letters and faculties of the Ordinary, and from the commission of the parish priest, but unless his sphere of activity is expressly limited, he should, from the nature of his office, take the place of the parish priest and help him in the whole care of the parish, except that he is not bound to apply Mass for the people. He is subject to the authority of the parish priest, who ought in a fatherly manner to instruct and guide him in the cure of souls, watch over him, and at least once a year send a report concerning him to the Bishop (Can. 476).

(St. Alphonsus, Theologia Moralis, book III, nn. 357-360; Homo Apostolicus, tract 7, nn. 14-17.)

I. Notion of a parish priest. A parish priest is a priest or moral person to whom a parish has been conferred in title, with the cure of souls to be exercised under the authority of the local Ordinary (can. 451, § 1). A moral person can be, for example, a chapter, monastery, etc. To parish priests are equated, with all parochial rights and obligations, and they come under the name of parish priests in law: 1st, quasi-parish priests who govern quasi-parishes; 2nd, parochial vicars, if they are endowed with full parochial power (can. 451, § 2; cf. the tract on Matrimony). Moreover in the definition it is said:

1. Moral person; now a moral person to which a parish has been united by full right can retain only the habitual cure of souls, with the actual cure committed to a vicar (can. 452, § 2).

2. Parish; but a parish is a part of a diocese to which a particular rector is assigned as its proper pastor. Parts of an apostolic vicariate and apostolic prefecture, if a particular rector has been assigned to them, are called quasi-parishes (can. 216).

3. To whom a parish has been conferred in title with the cure of souls. From these things it is sufficiently drawn that power belongs to a parish priest by force of his office, and therefore that it is ordinary. Moreover it is proper, not vicarious, or it is exercised in his own name. Besides, the power of a parish priest is only of the internal forum, so that he cannot make laws or censures or institute a canonical trial; nevertheless he has some domestic or economic power over his subjects, and he carries out a public administration by which he fulfills several external functions by force of office.¹

4. To be exercised under the authority of the local Ordinary. Namely, although the power of a parish priest is exercised in his own name, nevertheless it is subordinated to the power of the local Ordinary; nor is that unfitting according to these words of St. Thomas: "It must be said that it would be unfitting if two were constituted equally over the same people; but if unequally, it is not unfitting. And according to this, immediately over the same people there are the parochial priest, the bishop, and the Pope" (Supplement, q. 8, article 5, ad 3).

Note. Those who are placed over the administration of a parish as its proper rectors must be stable in it; yet this does not prevent all from being removable from it according to the norms of law. But not all parish priests obtain the same stability; those who enjoy greater stability are customarily called irremovable, and those who enjoy lesser stability, removable (can. 454).

¹ Chelodi, De personis, n. 223 b.

II. The duties of a parish priest chiefly regard residence, Mass for the people, ministration of the sacraments, catechetical instruction, sacred sermons, custody of ecclesiastical discipline, spiritual care of the sick, and care of the poor.

1. Residence. a) A parish priest is held by the obligation of residing in the parochial house near his church; nevertheless the local Ordinary can, for a just cause, permit him to live elsewhere, provided the house in which he lives is not so distant from the parochial church that the performance of parochial duties suffers some detriment from it (can. 465, § 1). However, a parish priest is permitted to be absent for at most two months within the year, whether continuous or interrupted, unless a grave cause, in the judgment of the Ordinary himself, either requires a longer absence or permits only a shorter one (can. 465, § 2). And the days on which once a year he is occupied with pious exercises are not computed in the two months of vacation (can. 465, § 3). Nevertheless it must be noted that a parish priest who is going to depart is bound to these things:

a) When the absence is going to last beyond a week, the parish priest, besides a legitimate cause, must have the written permission of the Ordinary and, unless he habitually has assistants, leave in his place a substitute vicar to be approved by the same Ordinary; but if the parish priest is a religious, he also needs the consent of the Superior, and the substitute must be approved both by the Ordinary and by the Superior (can. 465, § 4).

b) If a parish priest is compelled to depart for a sudden and grave cause and to be absent beyond a week, he should as soon as possible inform the Ordinary by letter, indicating to him the cause of the departure and the supplying priest, and should stand by his commands (can. 465, § 5).

c) Even for the time of a shorter absence the parish priest must provide for the necessities of the faithful, especially if particular circumstances require this (can. 465, § 6). Finally, it is prohibited to be absent in time of contagious disease;¹ nevertheless it is lawful to leave the care of the sick to the vicar, if the latter is prepared for it, lest both be exposed to danger or lest the faithful, because of fear of contagion, avoid both (St. Alphonsus VI, 233). On the time of persecution see the tract on Faith, n. 500.

b) The obligation of residence is grave of its own kind; and illicit absences coalesce. Neglect is grave if it is extended to three continuous weeks; nevertheless a longer space of time is required if the absences are interrupted; even less can suffice if meanwhile sufficient provision has not been made for the necessity of the faithful.

c) A parish priest who is illegitimately absent is by that fact deprived of all the fruits of his benefice in proportion to the illegitimate absence, and he must hand them over to the Ordinary, who is to distribute them to the church or to some pious place or to the poor (can. 2381, 1st); besides, proceedings must be taken against the delinquent according to the norm of canons 2168-2175 (can. 2381, § 2). It is said all the fruits; hence those fruits also are comprehended which correspond to other burdens of the benefice.² Then the obligation of handing over the fruits to the Ordinary presses before the sentence of a judge.³

2. Mass for the people, which obligation is explained in the tract on the Most Holy Eucharist.

3. Ministration of the sacraments; concerning this there is enough in the tracts on the Sacraments in general and in particular.

4. Catechetical instruction. a) With regard to children, the parish priest must: 1st, at fixed times, by continuous instruction for several days, prepare children each year for receiving the sacraments of penance and confirmation rightly; 2nd, with altogether particular zeal, especially, if nothing prevents, in the time of Lent, instruct children in such a way that they may holily taste for the first time the Holy Things from the altar (can. 1330); 3rd, besides the instruction of children already explained, the parish priest should not omit to cultivate more abundantly and perfectly in the catechism those children who have recently received first communion (can. 1331).

b) With regard to adults, on Sundays and other feasts of precept, at that hour which in his judgment is more suitable for the attendance of the people, the parish priest must moreover explain the catechism to the adult faithful, in speech accommodated to their understanding (can. 1332).

Note 1. In the religious instruction of children the parish priest can, indeed, if he is legitimately impeded, must, make use of the work of clerics dwelling in the territory of the parish, or even, if necessary, of pious lay people, especially those who are enrolled in the pious society of Christian doctrine or another similar society erected in the parish (can. 1333, § 1). Priests and other clerics detained by no legitimate impediment are to be helpers to their own parish priest in this most holy work, even under penalties to be inflicted by the Ordinary (can. 1333, § 2). Here the discussion is about priests and clerics who are not exempt, since exempt clerics do not have a proper parish priest.

Note 2. If, in the judgment of the local Ordinary, the help of religious for the catechetical instruction of the people is necessary, religious Superiors, even exempt, when requested by the same Ordinary, are bound, either by themselves or through their religious subjects, though without detriment to regular discipline, to hand it on to the people, especially in their own churches (can. 1334). Finally it belongs to the local Ordinary to issue all things in his diocese which regard instructing the people in Christian doctrine; and even exempt religious, whenever they teach the non-exempt, are bound to observe the same things (can. 1336).

c) The obligation of catechetical instruction is grave of its own kind; hence a parish priest who is notably negligent in fulfilling it sins gravely. Nevertheless the obligation of doing this personally is not to be urged in the same way as when there is discussion of sacred sermons; for then, as we shall now say, it is expressly indicated by the Code (can. 1344).

5. Sacred sermons. By divine precept it has been commanded to all to whom the care of souls has been committed to feed their sheep by the preaching of the divine word.⁴ Moreover:

a) On Sundays and the other feasts of precept through the year, it is the proper office of each parish priest to announce the word of God to the people by the customary homily, especially within the Mass at which there is usually the greater attendance of the people (can. 1344, § 1). A parish priest cannot satisfy this obligation habitually through another, unless for a just cause approved by the Ordinary (can. 1344, § 2). The Ordinary can permit that on certain more solemn feasts, or even, for a just cause, on some Sundays, the sermon be omitted (can. 1344, § 3).

Note 1. It is to be desired that at Masses which, with the faithful present, are celebrated on feasts of precept in all churches or public oratories, a brief explanation of the Gospel or of some part of Christian doctrine be made; and if the local Ordinary has prescribed this, with suitable instructions given, not only priests from the secular clergy are bound by this law, but also religious, even exempt, in their own churches (can. 1345).

Note 2. Let the Ordinaries of places take care that in the time of Lent, and likewise, if it has seemed expedient, in the time of Advent, sacred sermons be given more frequently to the faithful in cathedral and parochial churches (can. 1346, § 1).

b) In sacred sermons those things are chiefly to be expounded which the faithful must believe and do for salvation. The heralds of the divine word should abstain from profane or abstruse arguments exceeding the common understanding of the hearers; and they should exercise the evangelical ministry not in persuasive words of human wisdom, not in the profane display and enticement of vain and ambitious eloquence, but in the showing of spirit and power, preaching not themselves but Christ crucified (can. 1347).⁵ Finally, it is illicit to treat certain matters, namely: a determinate time of certain future things, for example of Antichrist or of the last judgment; likewise vain revelations about these or other things; new inspirations or revelations or new miracles, unless they have been approved by competent authority.⁶

c) The obligation of preaching is grave of its own kind; but grave matter seems to be had if a parish priest for one continuous month or for three discontinuous months in the year preached neither by himself nor through others (St. Alphonsus III, 269). A longer space of time is also required for someone to sin gravely for the reason that he preached only through another.

6. Custody of ecclesiastical discipline. The parish priest must know his sheep and prudently correct those who err (can. 467, § 1). Besides, he should watch lest anything against faith and morals be handed on in his parish, especially in public and private schools (can. 469; cf. St. Thomas 2-2, q. 33, article 2, ad 4; St. Alphonsus III, 360, doubt 2). Moreover sacred missions contribute greatly to the custody or restoration of ecclesiastical discipline, concerning which can. 1349 says thus: Ordinaries should watch that parish priests take care that at least every tenth year a sacred mission, as it is called, be held for the flock committed to them. A parish priest, even a religious, must stand by the commands of the local Ordinary in instituting these missions.⁷

7. Spiritual care of the sick; these things are explained in the tracts on the Holy Eucharist, on Penance, and on Extreme Unction.

8. Care of the poor; concerning this can. 467, § 1 establishes: The parish priest must embrace the poor and miserable with fatherly charity.

¹ Sacred Congregation of the Council, 6 September 1576, in Fagnanus, on chapter Clericos, De clericis non residentibus, from n. 41 to n. 45; Benedict XIV, De Synodo dioecesana, book 13, chapter 19, n. 2.

² Sacred Congregation of the Council, 10 July 1920, ad III.

³ Sacred Congregation of the Council, 10 July 1920, ad VII.

⁴ Council of Trent, session 23, chapter 1, on reform.

⁵ Cf. Encyclical of Benedict XV Humani generis, 15 June 1917.

⁶ Cf. Lateran Council V, session 11, constitution 1; Council of Trent, session 25, decree on the invocation of Saints.

⁷ Pius VI in the Bull Auctorem fidei, 28 August 1794, condemned proposition 65 of the Synod of Pistoia: "The proposition stating that the irregular noise of the new institutions which are called Exercises or Missions perhaps never, or at least very rarely, reaches the point of working absolute conversion, and that those external acts of movement which appeared were nothing other than passing flashes of natural shock, is rash, evil-sounding, pernicious, and injurious to a practice piously and salutarily frequented by the Church and founded on the word of God."

Benedict XIV in the Constitution Gravissimum, 8 September 1754, speaks thus: "Taught by long experience, we have perceived that for correcting wicked morals, which either begin to creep in, or have already grown too strong, or finally, confirmed by long duration, have occupied dioceses more widely, nothing contributes more than to implore external help and powers, namely to appoint sacred Missions everywhere (§ 4).... Wherefore this remedy cannot be called new, uncertain, or devised by Us: a remedy most suitable for correcting the corruptions of the people, and perhaps the only one, which so many Bishops distinguished by the glory of piety have used with great utility in their dioceses, which We Ourselves have so often experienced, and which You also, who beyond doubt have at some time refreshed the people committed to you with sacred Missions, have experienced (§ 10)."

Pius IX in the Letter Singulari quidem, 17 March 1856, to the Austrian Bishops: "Since sacred Missions carried out by suitable workers conduce exceedingly to exciting the spirit of faith and religion among peoples, and to recalling them to the path of virtue and salvation, We vehemently desire that you take care that they be held from time to time in your dioceses. And We offer deserved and highest praises to all those who from your order have already introduced into their dioceses so salutary a work of sacred Missions, from which, by the breathing of divine grace, We rejoice that abundant fruits have been perceived."

Among assistants of parish priests, some are called assistant vicars, others cooperator vicars.

I. "To the vicar," that is, the assistant vicar, so says can. 475, § 2, "if he supplies the place of the parish priest in all things, belong all the rights and duties proper to parish priests, except the application of Mass for the people, which burdens the parish priest; but if he supplies only in part, his rights and obligations are to be drawn from the letters of deputation." With these things premised, certain things remain to be noted with regard to cooperator vicars.

II. A cooperator vicar:

1. Is bound by the obligation of residing in the parish according to diocesan statutes or laudable customs or the prescription of the Bishop; indeed the Ordinary should prudently take care, according to the norm of can. 134, that he live in the same parochial house (can. 476, § 5).

2. His rights and obligations are to be drawn from diocesan statutes, from the letters of the Ordinary, and from the commission of the parish priest himself; but, unless something else is expressly provided, he must assist the parish priest in the whole parochial ministry, except the application of Mass for the people (can. 476, § 6). Specifically, with regard to competence for assisting at marriage, see the tract on Matrimony.

3. He is subject to the parish priest, who should instruct him paternally and direct him in the care of souls, watch over him, and at least annually report concerning him to the Ordinary (can. 476, § 7).

Recapitulatio de Licitis et Illicitis in Conjugio.—(a) Illicita graviter sunt extra matrimonium facta, v.g., moechia, mollities solitaria, alienae conjugis concupiscentia; sed probabiliter actus imperfecti et solitarii in proprium corpus exerciti leve non excedunt, citra periculum pollutionis, siquidem in delectationem veneream quae in conjugio licita est natura sua ordinentur, sicque minus indecentes fiant.

(b) Illicita graviter sunt intra matrimonium facta sed contra finem, i.e., naturae matrimonii seu generationi prolis repugnantia, ut sunt pollutio mutua, onanismus, impudicitia quae non in copulam sed in pollutionem tendit.

(c) Illicita leviter sunt intra matrimonium facta sed praeter finem, i.e., qum generationi nec prosunt, nec obsunt, sed in circumstantiis aliquam prae se ferunt inordinationem (e.g., copula ob solam voluptatem habita), imprudentiam (e.g., copula tempore parum apto habita), immoderantiam (e.g., impudicitia pudori nociva, situs innaturalis, ut si stent vel vir succubet, ex levitate electus).

(d) Licita sunt intra matrimonium facta, quae tum ex parte objecti (scil., quia actus ordinatur ad finem matrimonii), tum ex parte circumstantiarum (scil., quia debito tempore, loco, modo, etc., ut prudentia exigit, exercentur) rationi rectae concordant. Unde non peccant conjuges sibi licita concupiscendo vel de iis gaudendo. Immo mulier onanistae licite cooperata non est peccati arguenda si gavisa sit de ipsa copula vel de bonis ejus effectibus, vel (saltem quando probabile videtur se semen excipisse) si ad completam voluptatem se excitaverit.

Regulae pro Confessariis.—(a) Interrogationes.—Si nulla ratio est suspicandi copulam modo innaturali exerceri, praestat ut plurimum de circumstantiis (v.g., de motivo copulae) non quaerere, ne conjuges taedio afficiantur vel bona fide inutiliter priventur. Si tamen fundata suspicio est abusum matrimonii celari, hac de re confessarius inquirere debet, sed prudenter, ne scandalo sit poenitentibus verbis indiscretis.

(b) Monitiones.—Si deprehenditur poenitentem onanistam esse, per se severe reprehendendus est (quod de viro praesertim dicitur) nec absolvendus nisi signa contritionis prius dederit; per accidens autem, si datur ignorantia invincibilis et monitio nullatenus profutura praevidetur, poenitens in bona fide relinquatur.

What about pastors and their residence? - Here a pastor is called a cleric to whom the actual care of souls has been entrusted, in the internal forum and in a certain part of the diocese legitimately erected as a parish, even if he is removable or for a time takes the place of his Bishop; hence his office is the office of shepherd. When the care of souls is habitually in the hands of another, e.g., in the hands of a Chapter, he who actually exercises this care is properly called a vicar. - Pastors are held to make the profession of faith before the Bishop or his vicar general, within two months from taking possession of the benefice, unless they made it in the conferral itself of the benefice, from Trent s. 24, c. 22 de R. But now from S. C. C., March 1, 1910, before entering possession of the benefice it is to be made. They are furthermore held to take the oath according to the formula prescribed by Pius X in the Motu Proprio Sacrorum Antistitum. Cf. vol. 1, n. 364.

The pastor has the right to administer baptism, extreme unction, and viaticum, as well as to assist at weddings, to receive tithes and funeral emoluments; likewise he has the right to bless homes on Holy Saturday and to undertake public processions. Pastor consultors are to be used for the revision of acts in administrative removal from office and a benefice with care of souls, S. C. Consistorial, decree Maxima cura. "Insofar as pastors receive a supplement from the Government in compensation for tithes, and it equals the tithes which they formerly received, the remainder which is provided by the faithful is to be expended for pious causes, at the judgment of the Ordinary." S. Penitentiary, November 20, 1902.

The first obligation of a pastor is personal residence. Otherwise he cannot fittingly feed his flock. Therefore non-resident pastors are not excused from grave fault and from restitution of fruits, as Trent declared, s. 23, c. 1 de R. "The same things altogether, even as regards fault, loss of fruits, and penalties, concerning lower curates ... the Sacred Synod declares and decrees (as for Bishops); yet in such a way that whenever it happens that they are absent, the cause having first been known and approved by the Bishop, they leave a suitable vicar approved by the Ordinary himself, with due assignment of pay. But they are not to obtain permission for departing, to be granted in writing and gratis, beyond the time of two months, unless from a grave cause." Trent s. 24, c. 13 de R.; L. 123, 126-128; Ithur. Cas. 45, n. 56, 58; Benedict XIV, Notification 17; St. Thomas 2. 2, q. 185, a. 5; Quodl. 3, a. 17; E. M.

You will resolve: "For the proportion of time of absence they do not make their fruits their own." Trent ibid. And these, neither residing materially nor formally, nor fulfilling their office through another, lose them before every sentence of a judge. For "they are held for no other reason than the contract entered into between themselves and the church, from which the fruits of benefices are given to them under the condition of residence; when this has not been fulfilled, even without fault, such pastors in no way acquire such fruits." L. 127.

Therefore they are held to restitution, although they received them in good faith, unless however they also consumed them in good faith and did not thereby become richer. - He who does not reside materially, but fulfills his office through another suitable person, loses the fruits after the conciliar two-month period, but by no means loses them within the conciliar two-month period of absence. He who resides materially but not formally, if through no other priest he discharges his offices, does not make the fruits his own by natural law itself. If he provides these through another, whether he loses them by canon law is not sufficiently established. St. Alphonsus, 127, affirms it, because residence is not understood unless formal; Garcias and Reiffenstuel deny it, because, in its proper meaning, not to reside is to be absent. And D'Annibale, ed. 3, p. 1, n. 304; p. 3, n. 174, says this is "more equitable and truer." Restitution is to be made to the fabric of the church, or to the poor of the place. Trent l. c.

Note: For absence through two months, whether continuous or interrupted, an equitable cause is required, but not a grave one, if nevertheless no harm follows to the parish from it, and with the time of plague excepted. Gregory XIII, October 12, 1576. Yet he who departed without an equitable cause, not beyond the two-month period and without harm to the parish, is held only by light fault. But it would be grave to be absent even for two or three days, even if no one actually were sick, with no vicar left, if other priests are lacking in that place. Beyond the two-month period the Ordinary can indeed give permission, but from a grave cause, and not for much time, but for two or three months. The S. C. C. has often judged as legitimate a permission given by Ordinaries to the sick for four months. D'Annibale l. c. 173; St. Thomas, Quodl. 12, a. 28. "Commonly the doctors say from declarations of the S. C. that a pastor is not reputed to reside if he does not by himself exercise the more principal offices, namely the administration of the divine word, of the sacraments, etc." L. 127. Cf. Ithur. Cas. 45, n. 61, 62. Yet he can be assisted by vicars, if the parish were large and he could not conveniently accomplish all things by himself, especially in those things which have greater inconvenience, such as going to the sick at night, preaching, teaching children, hearing confessions, etc. But he must use coadjutors as if associates, and therefore he himself also must provide these things when a just impediment ceases, especially if he has been requested; otherwise he is not without grave fault. If a pastor alone is not sufficient for undertaking his offices, he must join other priests to himself. But he must renounce the parish, or at least must assume a coadjutor, if because of old age and chronic infirmity he cannot discharge parochial offices.

Trent s. 21, c. 4 de R.; C. 5, 6 de Cler. aegrot.; C. un. e. t. in 6; C. Apostolici ministerii of Innocent XIII, n. 9 ff. - Pastors must live in the house of their own church, if it is there; but if it is not there, they must reside in another house which is within the limits of the parish, at least morally, namely one which is so near the parish church that he can conveniently serve it, and to which the parishioners can easily have recourse to him for receiving the sacraments. L. 124; Ithur. Cas. n. 45, n. 57. As is established from several decisions of the S. C. C., a pastor is not excused from residence within the limits of the parish because of bad air, or infirm health, or old age, or because the parish is scanty, or because only three or four inhabitants remain. D'Annibale l. c. n. 172. - Trent s. 7, c. 3 de R.

Is the aforesaid permission in writing altogether required, so that it is not valid if it is had orally? - Lessius and others deny it, and St. Alphonsus does not think this opinion improbable, while La Croix judges it probable. The reason is that although Trent requires permission in writing, nevertheless it is not established that it requires this formality for the validity itself of the act. L. 123.

Can a pastor, having a just cause for departing, be absent during the said two months without the express permission of the Bishop? - The first opinion affirms it, and Lessius, La Croix, Azor, and others think it probable. The reason is that from Trent any honorable cause suffices for an absence of two months; nor is the permission and approval of the Bishop required for such an absence, but only for absence beyond the two-month period, for which the Bishop must approve the gravity of the cause. Besides, absence through a two-month period is regarded by the Council as small matter, for it comprehends it by the word aliquantisper, for a little while. Therefore, to be absent for two months from a just cause, without the Bishop's permission, would at least of itself not exceed a venial sin. And indeed Trent s. 23, c. 1 de R. had established that Bishops are so held to personal residence that they cannot be absent except from those four causes indicated above, and approved by the Supreme Pontiff, or by the Metropolitan, or by the older Suffragan Bishop. Likewise it had established that Bishops can be absent for three months, even when the aforesaid causes do not exist, provided however that this be done from an equitable cause and without harm to the flock, because this brief absence is not judged contrary to the debt of residence, with no leave to be sought required. Moreover, speaking of lower curates, it says that the things which it had previously established as regards Bishops are to be applied to them. The Council of Trent indeed applies some restrictions for lower curates; but as regards fault and penalties incurred ipso facto it adds nothing. Nor at least expressly does it add that leave is to be sought in that conciliarly conceded two-month period. Therefore it seems these things must be judged from what has been said. For this reason, from the mere text of the Council only this can be deduced as certain: that both Bishops and pastors sin gravely if they are absent for a notable time beyond the permitted months.

The second opinion denies it, and St. Alphonsus follows this. The reason is that although a grave cause is not demanded from the Council for departing during the two-month period, nevertheless it is absolutely required that the cause be recognized and approved by the Bishop, from those words: whenever it happens that they are absent, the cause first having been known and approved by the Bishop. All the more because the pastor is prohibited by the Council from departing unless first the vicar who is left has been approved by the Bishop, L. 123. Yet since that quandocumque, whenever, could be referred to the time outside the two-month period conceded by the Council itself, and the cause to be known by the Bishop is certainly nothing other than that grave cause by which a pastor can be absent even outside the two-month period, and not that equitable cause by which he can depart during the two-month period from the Council itself, hence an entirely valid argument does not seem to be taken from it; nor from the fact that, although the vicar can be chosen by the pastor himself, nevertheless he must be approved by the Bishop, if he should leave in the service of the parish a steward or suitable vicar already previously approved by the Bishop, and who actually would already be found there. Nevertheless the S. C. C. has constantly responded that express permission of the Bishop is necessary, even if he wishes to be absent for a week and for two days. Benedict XIII also declared the same in the Roman Council, tit. 17, c. 6. But for absence through two days or three days, from custom received in many places, no permission is required. Therefore the statutes of each diocese are to be attended to, Benedict XIV, Notification 17, n. 12. "Moreover, says the same St. Alphonsus, 123, a pastor will licitly be able to be absent for a short time without permission, if some necessity occurs which does not allow delay for approaching the Bishop, provided he leaves a suitable vicar.... Likewise from smallness of matter a pastor will be able to be excused at least from mortal sin, if he departs for a moderate time, as the doctors commonly say, provided he does not leave the sick in the article of death. But how much this moderate time is ... they commonly admit that a pastor who is absent without permission for 6 or 7 days does not sin gravely, provided however that a suitable vicar has been left; indeed Cont. Tournely, Cabassut, Sanchez, etc. extend this up to 15 and 20 days." E. M.

What are the grave causes excusing pastors from residence beyond the permitted two-month period? - They are those same four which excuse Bishops from Trent, namely Christian charity, urgent necessity, due obedience, and evident necessity of the Church or of the republic. L. 125; Ithur. Cas. 45, n. 58-60.

What about the visitation of the parish; about the care of the poor and the sick? - The pastor is held by the obligation of visiting the parish, insofar as he must know his sheep. "By divine precept," says Trent s. 24, c. 1 de R., "it has been commanded to all to whom the care of souls has been committed to know their sheep." Hence pastors must make books of marriages, of those baptized, of those confirmed, of the state of souls, and of the dead. As regards marriages to be noted, those things are to be observed which are contained in the Decree Ne temere concerning Marriage, § IX. And from the same Trent l. c. one of the duties of the care of souls is "to bear paternal care of the poor and of other miserable persons." Moreover, from the Roman Ritual, On the Visitation and Care of the Sick, "the pastor ought first of all to remember that the care of the sick is not among the least parts of his duty. He ought altogether to have special care of them, since for them the work of a pastor is especially necessary." He is furthermore held to carry out the dead and render them their due rites, and if they were poor, entirely gratis. - Trent s. 24, c. 1 de R. M.; L. 160; Monitor Ecclesiasticus v. 24, p. 354 ff.; E. M.

From the Decree Ne temere of the S. C. C., August 2, 1907, § IX, 2, the pastor is held to write the contracted marriage in the book of marriages and of the baptized. And if someone was baptized elsewhere, he is held to transmit notice of the marriage to the pastor of that place, so that the marriage may be entered into the baptismal book.

Parochial attestations: "Pastors are not to omit demanding a baptismal testimony from those contracting marriage, if this was conferred on them in another parish. The notice of the celebrated marriage to be transmitted to the baptismal pastor is to carry with it the written names and surnames of the spouses and of their parents, the age of the contracting parties, the place and day of the wedding, and the names and surnames of the witnesses who were present, and is to have the subscribed name of the pastor with the parish seal added. The inscription is accurately to indicate the parish, diocese, town or place of baptism of the spouses, and those things which pertain to writings being safely transmitted by public carriers. If perhaps it should happen that the baptismal pastor, in receiving the notice of marriage, discovers that one or the other of the contracting parties is already bound by another marriage, he shall indicate the matter as quickly as possible to the pastor of the attested marriage." S. C. de Sacram., March 6, 1911. - It is lawful for pastors to write out authentic copies of baptismal attestations from the parochial book at the petition of the faithful, the customary taxes having been received, yet they are to be recognized and approved by the respective Ordinaries, and are not to be consigned in the registers of another parish and diocese, unless by the command of the Bishop or of his delegate, who is to recognize the authenticity of those copies together with the promoter fiscal. S. C. C., July 3, 1909.

Emigration: A committee of emigration is to be constituted in each diocese of Italy for workers migrating to foreign nations. The pastor must have a special and almost continual care of them, both before they set out and after they have set out and when they return to their homeland, according to the norms handed down in the Letter of the Secretary of State, Uno degli argomenti, September 8, 1911.

What about correction and admonition? - Pastors are held under grave obligation to correct and admonish their sheep who are in mortal sin, or in the proximate danger of it, even with risk to their own life, and not only in their extreme, but also in their grave spiritual necessity; if however 1. there is hope of amendment; and 2. although there is no hope of amendment, nevertheless the omission of admonition would turn to the common harm and would make others more bold for sinning. The reason is that not only from charity, but also from justice, by reason of the office and stipend which is given to them, they are most strictly obliged to come to the aid of subjects constituted in spiritual necessity. They are furthermore held to inquire whether anyone is in such necessity. For the salvation of each sheep has been committed to the pastor. But if pastors are held to the office of correction, much more Bishops are. - Trent s. 6, c. 3, 4 de R.; s. 13, c. 1 ff. de R.; St. Thomas 2. 2, q. 33, a. 3, 2 ad 4; 4 d. 19, q. 2, a. 1; L. l. 2, n. 40.

What about prayer and the celebration of Mass? - The pastor is held frequently to pray for his subjects, that he may implore for them the graces necessary for salvation. For as Bishops are held to this by divine law, since they have the care of souls in all its fullness, so also pastors are held to it, to whom the Church commits, from obligation, the care of souls to be exercised, and without a limitation which would exempt them from the burden of praying and celebrating for the flock. But specifically the pastor is held to celebrate Mass: 1. as often as the people must hear it, Trent s. 23, c. 4 de R.; 2. as often as it is necessary to bless marriages, in both cases under grave obligation; 3. several times in the week, though how often is not established. Yet it is established that the Bishop can compel them under grave obligation twice or three times, if the parish is populous and other Masses are not celebrated in it; not likewise at funeral rites, unless an alms has been given. - L. l. 6, n. 314; Benedict XIV, Instruction 44, n. 9; de Syn. l. 12, c. 7, n. 7.

Must a pastor also apply Mass for the people? - Pastors must celebrate for their sheep on all Sundays and feast days on which the faithful must hear Mass, although in some places it is permitted that servile work can be done, indeed although those feasts have been abrogated or transferred, just as then, with the Constitution Universa of Urban VIII, September 5, 1642, and the Decree of Clement XI, December 6, 1708, they were in their full force; unless perhaps the divine office, of which the principal part is Mass, has been transferred with solemnity to the Sunday day. Nor do contrary custom, even immemorial, nor the small revenues of the parish, nor the infirmity of the pastor excuse. Nevertheless, if the pastor is so poor that he does not have fruits suitable for support, he can, with the Bishop's consent, accept an alms, while celebrating for the people during the week. This is established from Innocent XII, Brief Nuper; Benedict XIV, C. Cum semper oblatas, August 19, 1744; Pius IX, C. Amantissimi, May 3, 1848; L. l. 6, n. 313, 325; E. M.

Note: Not only pastors are held to this obligation, but also vicars deputed by the Bishop to parochial care with a certain assignment of fruits, whether perpetual or temporary and removable, and likewise curates appointed as stewards, and also vicars deputed by the Bishop, while the parish is vacant, to the care of souls until the election of a new rector of the church; and all these whether they are seculars or regulars. But ecclesiastical superiors, secular or regular, chaplains of monasteries, or of prisons, or of hospitals, etc., are not held to make the sacred rite for subjects. Nor likewise are coadjutors of pastors and missionaries in places of missions held, provided it is not a question of places in which parishes have already been erected and missionaries have been sent to those places to take the place of legitimate pastors. Nor is it established that military chaplains in Spain are held. S. C. of the Council, May 22, 1909. As regards prelates of regulars, the question was twice proposed before the Holy See, and it remained without solution. - If from one parish two have been made, each pastor is held. If someone has two parishes, he will have to apply in each, whether by himself, if he has the faculty of binating, or through another, or on another day, if he does not have it, unless perhaps they have been united by an extinctive union. The same thing must be said of a pastor-canon on the day on which he must celebrate the conventual Mass. Benedict XIV l. c.; Leo XIII, C. In Suprema, 4 Ides of June 1882; S. C. de P. F., March 23, 1803; Giraldi, Expos. Iur. Pont. p. 2, s. 85, tom. 3.

Bishops and Abbots nullius are also held to apply Mass for their sheep, only one Mass, if they govern several dioceses or abbeys united equally principally. But those who are also pastors of some parish must apply in this parish through a vicar. Likewise apostolic vicars, in those places where dioceses have been constituted and they discharge the office of legitimate pastor. Not likewise capitular vicars. Trent s. 23, c. 1 de R.; C. cited In Suprema; S. C. de Prop. F., March 23, 1863; S. R. C., November 12, 1831.

If a feast has only been transferred to the Sunday day, as in France the feasts of Epiphany, Corpus Christi, etc., Mass will have to be applied on that day on which the office is celebrated, S. C. C., June 15, 1841; but if only the office is transferred, Mass will have to be applied on that day on which the feast is celebrated, S. C. C., April 24, 1875, e.g., the feast of the Annunciation of the Blessed Virgin Mary on Thursday of Holy Week. But if on that day another feast also is celebrated, satisfaction is made for both by the application of one Mass, just as by the hearing of it. Pius IX, C. Amantissimi, May 3, 1858.

The obligation of applying Mass for the people is personal, nor does any custom to the contrary have force, S. C. C., September 27, 1874. Yet if the pastor or Bishop is sick, or impeded by another just and legitimate cause, he can and is held to celebrate for the people through another, S. R. C., July 22, 1848, the stipend having been paid to him; and if he cannot substitute another for himself, he himself is afterwards held to apply as many Masses. S. C. C., December 14, 1859. But the pastor satisfies his obligation by a read Mass, since no prescription is found that it must be a solemn or sung Mass; nevertheless he must celebrate it in his own parish, and not in another church, any custom whatsoever to the contrary notwithstanding. S. C. C., September 15 and November 17, 1629. But a pastor legitimately absent from his parish on a feast day satisfies his obligation by celebrating Mass for his people in the place where he is staying, provided that another priest celebrates in the parish and explains the word of God. S. C. C., December 14, 1872. Bouix, de Paroch. p. 550 ff.; Ferraris v. Parochus, a. 3, n. 1; E. M.

238 bis. Note: On the feasts very recently suppressed by the Motu Proprio Supremi disciplinae of Pius X, namely Corpus Christi, the Purification, Annunciation, and Nativity of the Blessed Virgin Mary, St. Joseph Spouse of the same Blessed Virgin Mary, St. John Apostle and Evangelist, and the Patron of each place or diocese, the obligation remains of making the sacred rite for the people. S. C. C., August 8, 1911.

1. "When some suppressed feast falls on a Sunday day, or on a day impeded by a feast of a higher rite, those having the care of souls are not held to apply Mass for the people on the day to which the same feast is transferred."

2. "When some feast is transferred, as regards office and Mass, as to its proper place onto another day, in churches in which choral service is provided in alternate weeks, the obligation of common choir and distributions, if there are any, are not transferred to the same day, unless, as regards distributions, the express will of the founders, a particular statute, or legitimate custom stands in the way." S. C. C., December 13, 1913.

A pastor-canon on those feast days on which, as a canon, he must celebrate the conventual Mass, which is to be applied for benefactors, can and must through another supply the obligation which he has as pastor of applying it for the people. Benedict XIV, C. Quum semper oblatas, August 19, 1744; S. C. C., August 24, 1867.

To supply pious legacies abolished in France, it has been established in a perpetual manner that in individual years, on one of the Sundays of the month of November, in all churches of France, a Requiem Mass be celebrated for the aforesaid end. Pius X, July 6, 1910.

What about preaching? - From Trent s. 5, c. 2 de R., "all Bishops ... and all other Prelates of churches are held by themselves, if they have not been legitimately impeded, to preaching. Archpriests also, parish priests, and whosoever obtain the care of souls, by themselves, or through other suitable persons if they have been legitimately impeded, at least on Sundays and solemn feast days, are to feed the peoples committed to them, according to their own and those people's capacity, with salutary words, by teaching those things which it is necessary for all to know for salvation, and by announcing to them, with brevity and easiness of speech, the vices which they must decline and the virtues which they must follow." St. Alphonsus, l. 3, n. 269, after relating these words, says: "Hence I do not doubt that the aforesaid precept obliges both Bishops and pastors gravely and absolutely.... Yet the doctors commonly admit smallness of matter in such a precept.... Hence it seems not improbably held that pastors do not sin gravely who sometimes omit preaching; otherwise, however, they say, if they omit it for one whole continuous month, or for three discontinuous months in the year. All the more because in Trent, said s. 5, c. 2, at the end, it is said that if the pastors themselves, having been admonished by the Bishop, have failed in their office for the space of three months, they are to be compelled by censures, etc., to fulfill their office. From this it seems that in this matter its smallness has a greater latitude." - Trent s. 24, c. 4, 7 de R.; Ithur. Cas. 45, n. 63; Ferraris v. Parochus, n. 2, n. 72; E. M.

Pastors are especially held to observe those things which have been prescribed concerning preaching in the last part of the Motu Proprio Sacrorum Antistitum of Pius X. Cf. 245 bis.

Note: If a pastor is sick temporarily, he can be excused. But by no means is he excused because such a custom flourishes in that place, or because few hearers are present, or because frequent sermons are held in nearby churches. Constitution Apostolici ministerii of Innocent XIII, cited by Benedict XIV, Instruction 10, n. 3. - A pastor who reads pious books to the hearers does not discharge his duty of preaching, because reading is not preaching. Yet he is not held to holding a formal sermon to the people. S. C. C. apud Benedict XIV, Notification 10, n. 3; Trent s. 5, c. 2 de R.; Ithur. Cas. 45, n. 67, 69. - It will belong to the prudence of the Bishop to dispense over this matter on more solemn feasts. S. C. C., April 1, 1876. Benedict XIV, Instruction 27; S. C. Bishops and Regulars, July 31, 1894; A. S. S. v. 27, p. 162.

Are pastors held under grave obligation to catechize? - R. In the affirmative. Thus it is established from Trent s. 5, c. 2 de R. But expressly as regards the instruction of children it has that Bishops, "at least on Sundays and feast days, will take care that in individual parishes children be diligently taught by those to whom it will pertain the rudiments of faith and obedience toward God and parents; and if there is need, they will compel even by ecclesiastical censures, privileges and customs notwithstanding." S. 24, c. 4 de R. Cf. also ibid. c. 7; Benedict XIV, C. Etsi minime, February 7, 1742. But pastors are held still more in particular to instruct and prepare boys and girls for receiving the sacraments of penance, confirmation, and first communion. A. S. S. v. 37, p. 425 ff.; A. S. S. v. 13, p. 513; v. 15, p. 236; E. M.

241 bis. Note: The Supreme Pontiff Pius X, in the Encyclical Letter Acerbo nimis, April 15, 1905, by his supreme authority constituted and strictly commanded that the things which follow be observed and executed in all dioceses: "I. All pastors, and generally as many as have the care of souls, on Sundays and feast days through the year, with none excepted, for the space of a whole hour, are to instruct boys and girls from the catechism booklet concerning those things which each one must believe and do in order to obtain salvation.

II. The same, at fixed times of the year, are to prepare boys and girls for rightly receiving the Sacraments of Penance and Confirmation, by continuous instruction through several days.

III. Likewise, and altogether with special zeal, on all ferias of Lent, and on other days after the Paschal feasts if there is need, by suitable instructions and exhortations they are so to instruct young boys and young girls, that they may first receive holy things from the altar holily.

IV. In all and individual parishes a society is to be canonically instituted, which is commonly named the Congregation of Christian Doctrine. By it pastors, especially where the number of priests is small, will have lay helpers in handing on catechesis, who will devote themselves to this teaching, both from zeal for the glory of God and in order to gain the sacred indulgences which the Roman Pontiffs have most generously granted.

V. In larger cities, and especially in those where universities of studies, lyceums, and gymnasia are open, schools of religion are to be founded for instructing in the truths of faith and the institutions of Christian life the youth who attend public schools, where no mention of religious matters is introduced.

VI. But since, especially in this time, more advanced age no less than childhood needs religious instruction, all pastors and the rest who have the care of souls, besides the customary homily on the Gospel, which is to be had on all feast days in the parochial Mass, at that hour which they judge more opportune for the attendance of the people, except only that hour in which children are instructed, are to institute catechesis for the faithful, in speech indeed easy and accommodated to their capacity. In this matter they will use the Tridentine Catechism, in that order, of course, that within the space of four or five years they treat the whole matter which is concerning the Creed, the Sacraments, the Decalogue, Prayer, and the precepts of the Church."

What about the administration of the sacraments? - Pastors are held, by themselves, to minister the sacraments personally, not only when the time of precept and of grave necessity is pressing, but also, as regards the sacraments which can be repeated, as often as the sheep ask duly, or not unseasonably, unless they are legitimately impeded, or can provide for them through another without inconvenience and offense of those asking. Trent s. 21, c. 4 de R. Cf. 360 ff. - "Pastors are held under grave obligation diligently to examine midwives, whether they know the things necessary for baptizing.... For it belongs to them by office to be present to women giving birth, and not rarely there occurs to them the occasion of ministering baptism in necessity." L. l. 6, n. 117. The same is established from the Roman Ritual on Baptism. - Pastors are held to be present at marriages, and to provide all things, as far as is in them, so that they be done rightly. Roman Ritual on the Sacrament of Matrimony; L. l. 6, n. 54. - Cf. A. A. S. v. 2, p. 218, VI; E. M.

What about the vicars of pastors? - Vicars of pastors, since they take the place of pastors, either as regards the whole parochial office or only as regards part of it, are held by the same obligations as pastors themselves, yet with due proportion; and besides, they owe reverence and obedience to the pastor himself. - Trent s. 21, c. 4 de R.; L. l. 1, n. 335 in fine.

Can a vicar depart, at least for a short time, without the pastor having been warned? Can he delegate another priest? Can he, when the pastor has died, undertake all sacred functions as before? - R. To the first: In the negative, because the reason of right order, and also of necessity, requires that the pastor himself not depart from the parish without the vicar being warned, who could supply for the pastor if the case should occur. Therefore a fortiori, if the question is about the vicar, since he is constituted under a certain guardianship of the pastor.

R. To the second: In the affirmative, since he is delegated to the whole class of causes. Cf. v. 1, n. 254. For the vicar in the present case is constituted by the Bishop himself, that he may assist the pastor in all things and supply for him. But from the Decree Ne temere, at present the vicar of the pastor cannot assist at marriage and betrothal unless delegated by the pastor himself or by the Ordinary, "that he may assist at marriages within the limits of his territory." - Nor likewise is the vicar held to apply Mass for the people. Plenary Council of Latin America 275; St. Thomas Quodl. 12, a. 31.

R. To the third: In the affirmative. The reason is that vicars receive every delegation from the Bishop himself. Therefore, notwithstanding the death of the pastor, the vicar can undertake all sacred functions just as before. - E. M.

The Vicar of the Pastor, or the pastor's coadjutor or cooperator, is not to be confused with the curate vicar, who exercises the whole actual care of the parish, as its true pastor, whose habitual care resides with a moral body, with a Chapter or monastery, which however cannot involve itself in the exercise of that actual care. Therefore canons and regulars with whom there is only habitual care of souls also need the approval of the Bishop of the place in order licitly and validly to hear confessions.

1. Romaricus, a parish priest, often omits the sermon on Sundays and feast days, either because few hearers are present, or because sermons are held in neighboring churches. Hence also he almost never has a sermon to the people in the time of Lent, in the time of Advent, and on certain more solemn feasts, because there are several other distinguished preachers. — Does Romaricus act well?

R. Romaricus acts badly, and gravely fails in his office. Nor is he excused from the fact that the number of the people is small, Benedict XIV, Notification 10, n. 3; Lucidi, ed. 3, vol. 1, p. 429; or from the fact that sermons are held in other churches, Benedict XIII, Constitution In supremo, 13 September 1724. Hence he also sins gravely by omitting the sermon in the time of Lent and Advent because notable preachers are not lacking in several other churches. But if in the parish church itself during the time of Lent and Advent there were another preacher, and there were a custom that the parish priest abstains from the sermon, then, unless the Bishop commands otherwise, he can stand by the aforesaid custom. Lucidi, loc. cit., pp. 430, 431. Finally, Romaricus also does not satisfy his office by omitting the sermon on the more solemn feast days, unless he has obtained dispensation from the Bishop. S. C. C., 1 April 1876; I. M. 240; Enchir. Mor. 212.

2. Romanus, a parish priest, indeed has a sermon to the people on Sundays and feast days; but in reality his sermon is not a certain formal sermon, but rather a brief and familiar discourse to the parishioners about matters necessary for salvation. Hence Romanus in his sermon often omits the explanation of the Gospel of the day. Likewise he also often omits teaching catechism to the children, saying that he is bound not to two sermons, but to one only. What is to be said of Romanus?

R. Romanus does not sin from the fact that he does not make a formal sermon. From Trent, sess. 5, c. 2, de R., it suffices that he “feed the peoples committed to him, according to his own and their capacity, with salutary words.” But in using a brief and familiar discourse, he acts well. For from Trent it is necessary, “with brevity and ease of speech,” so that he may be understood, “to explain the admonitions of salvation, and insert the same into the hearts of all, and instruct them in the law of the Lord.” Sess. 5, c. 2, de R.; sess. 24, cc. 4, 7, de R. Likewise, omitting the explanation of the Gospel in his sermons, he sins in nothing. For from the same Council of Trent, sess. 5, c. 2, de R.; sess. 24, c. 4, de R.; sess. 24, c. 7, de R., it suffices to teach the people those things which it is necessary for all to know for salvation, and to announce the divine law and instruct them in it.

But the fact that Romanus omits teaching catechism to the children cannot be excused. For although he is not bound by an obligation of having two sermons to the people, nevertheless he is bound by a twofold obligation: one, that on feast days he have a discourse to the people about divine things; the other, that he instruct children and all the more ignorant in the rudiments of the divine law and of faith. Benedict XIV, Encyclical Etsi minime; I. M. 239, 241; Enchir. Mor. 212.

3. Innocentius, a parish priest, received an alms so that Mass with chant would be celebrated and the office of the dead would be chanted for the soul of Sempronius. The alms received is to be proportionately divided among the ministers and all priests and clerics assisting at the Mass and chanting the office. The parish priest assists at the Mass, and likewise assists at the office while it is being chanted, but he himself privately recites the canonical hours of the day, and has no part at all in the chant of the Mass, nor consequently does he chant the office of the dead together with the others. Nevertheless he retains the part of the alms corresponding to him, both for assistance at the Mass and for assistance at the office. — Did Innocentius act rightly?

R. As regards assistance at the Mass, while at the same time reciting the breviary of the day, Innocentius does not seem to be disturbed. For if the Mass is celebrated, if there are other appointed singers, it seems that satisfaction has already been sufficiently made to the intention of the one offering, nor does it seem necessary that the other assisting priests and clerics also assist at the whole Mass even by chant, unless this is expressly prescribed. But as regards the office, Innocentius did not satisfy the imposed obligation of chanting the office; and therefore he does not seem able to retain for himself the corresponding part of the alms, since under this head the alms was not given for mere assistance, but for the chant of the office. This is moreover clear from S. R. C., 9 May 1857, Petrocor., 11 March 1871.

4. In a rural parish a great bell of the parish church was to be blessed. All things had been prepared for the blessing, and the Bishop was expected for the following day, the solemn feast of the Patron of the place. But on the evening before, the parish priest received word that the Bishop, impeded by infirmity, could no longer come. Wherefore, the preparation already made standing, and because of the great concourse of people coming from neighboring places, and considering the solemnity of the feast, the parish priest judged that in the case, at least by lawful epikeia, he could bless the bell; and this in fact he did.

Question. What is to be said in the case?

R. The act of the parish priest cannot be approved. For there is question of a thing which, although only by ecclesiastical law, nevertheless is of the episcopal order. Wherefore it cannot be delegated to a simple priest even by the Bishop himself, but there is need of Pontifical faculty. For in the blessing of bells there is not had a certain simple blessing with lustral water, but in that blessing holy chrism and the oil of the infirm are employed, as is to be seen in the Pontifical. Indeed, if the Bishop has obtained an indult of delegating to others the faculty of blessing things pertaining to divine worship, things in which sacred unction is employed are always excepted from that faculty. Gardell. 4290. Hence it appears that the parish priest in the case exercised an altogether illicit and invalid act from defect of power. Nor indeed is there place for epikeia, since there is question not of mere liceity but of the validity of the act, on account of defect of the required power, which is not obtained by force of epikeia. But, with the Bishop’s infirmity standing, it was easy in the opportune case to meet any inconvenience by warning the people and by substituting another pious and useful exercise for that function.

But whether Bishops can, without Pontifical indult, delegate to others the faculty of blessing sacred vestments is controverted. St. Alphonsus, bk. 6, n. 378, reports two opinions, then saying that he does not acquiesce in the affirmative opinion, since he has nowhere heard that Bishops have delegated a faculty of this kind to others. Benedict XIV, Notification 21, n. 9 ff., likewise says that the matter is still controverted, while at the same time asserting that the faculty of blessing sacred things in which sacred unction intervenes is altogether reserved to Bishops. And the same explicitly affirms in Notification 42, n. 38, concerning the blessing of bells, where he openly affirms: “It belongs to us to bless bells, and since we do not have the faculty of subdelegating this blessing, sacred unction being required in it, etc.” Cf. S. R. C., 14 April 1885, Briocen.

5. Bishop B. obtained from S. R. C. an indult for the faculty of subdelegating for the blessing of that sacred furnishing in which sacred unction is not used. But since no formula is found for the blessing of priestly or Levitical vestment, except that which is found in the Pontifical, parish priest A. uses the blessing which is found in the Pontifical for any vestment. Does he act rightly?

R. In the negative. “Subdelegated priests should use the blessing which is read in the Roman Ritual.” S. R. C., 16 March 1876, n. 3392.

6. Ioannes, a parish priest, accepted the office of administrative councillor of the Municipality, and wholly applies himself to administrative elections. Hence many complaints and grave scandals have arisen. After the Bishop had vainly warned him juridically three times, and paternally several times, he finally decreed his economical removal from the parish, and that he be transferred to another.

Question. What is to be said in the case?

R. The Bishop acted legitimately. For although a parish priest cannot be removed from his parish without canonical process and without a delict designated in law, Trent, sess. 21, c. 6, de R., nevertheless his economical removal can be made either from the imperitia and unsuitability of the parish priest for governing the parish, or from grave hatred and aversion of the people, especially when the parish priest’s manner of acting is such that it is a scandal to the people. For the utility of very many is to be preferred to the utility or will of one.

But once perpetual removal has been decreed, another benefice of equivalent revenue is to be conferred upon the parish priest, by way of permutation or translation. Thus from several Resolutions of S. C. C., from c. Quaesitum, de Rerum permutatione, and c. Scias, 35, caus. q. 1; Reiffenstuel, tit. de Rer. permut., n. 38; Schmalzgrueber, same title; M. E., vol. 9, pt. 2, p. 147; vol. 10, pt. 1, p. 4 ff.

7. Aurelius, a parish priest, is very often absent from the parish without legitimate permission, but so that he may attend to grave lawsuits in which he is involved because of debts contracted. Public report says that Aurelius rarely recites the breviary, and often is clothed in secular garments. Hence the Bishop, after a prior legitimate warning, first deprives Aurelius of the fruits of the benefice, which he distributes among the poor of the parish. Then, however, since no amendment followed, by one edict he cites Aurelius, and, canonical process having been instituted, deprives the same Aurelius of the parish. Aurelius protests sharply against the Bishop.

Question. What is to be said in the case?

R. From the Council of Trent, sess. 23, c. 1, de R., a Bishop can proceed against parish priests and others having the care of souls and not residing, whether by subtraction of fruits, or by deprivation of the benefice, or by censures. Nevertheless he must first cite them by edict. If the Bishop wishes to proceed by deprivation of fruits, he is furthermore bound to observe the intervals and quantities prescribed as regards non-resident Bishops, sess. 6, c. 1, de R. Thus S. C. C. The reason is that, expressly as regards deprivation of fruits, those things which have been established against non-resident Bishops are to be applied to non-resident parish priests. Yet the Bishop can carry out deprivation of fruits without observing any intervals as regards the fruits which, on account of omitted residence, the parish priest did not make his own. Thus the same S. C. C.; and the reason is that truly, from the same Council of Trent, for the proportion of the time of absence, a non-resident parish priest does not make the fruits his own, nor, with safe conscience, “even when no declaration has followed, can he retain them for himself, but he is bound, either he himself, or, if he ceases, through the ecclesiastical superior, to spend them for the Fabric of the churches or for the poor of the place, with every convention or composition which is called for fruits badly received being prohibited, by which the aforesaid fruits would also be remitted to him, in whole or in part.”

But if the Bishop wishes altogether to deprive the non-resident parish priest of the benefice, the Bishop is not bound to cite the parish priest by three edicts, but one suffices, with the assignment of a competent term. From executory decrees of the Bishop against non-resident parish priests, an appeal is not given with suspensive effect, but only with devolutive effect, since Trent, sess. 23, c. 1, de R., says that execution cannot be suspended by appeal. Wherefore Aurelius under this head protests in vain against the Bishop.

Moreover, when after six months from obtaining the benefice, the beneficed cleric, having been legitimately admonished, contumaciously omits, at least twice for fifteen days, to recite the canonical hours, he can be deprived of the benefice by the Bishop, as is clear from § Statuimus, sess. 9 of Lateran V. For a benefice, as is said there, is given on account of the office. But since the Council says, “a legitimate warning preceding,” one warning seems to suffice. Again Aurelius has nothing which he could bring against the Bishop also under this other head. Wherefore by right and deservedly he was deprived of the benefice, of which he is altogether unworthy. Cf. Suarez, bk. 4, de Hor. canon., c. 29, n. 4.

Finally, in the Council of Trent, sess. 14, c. 6, de R., it is openly said: “All ecclesiastical persons ... if after they have been warned by their Bishop, even by public edict, they have not worn an honorable clerical habit ... according to the ordinance and mandate of the same Bishop, can and ought to be coerced by suspension from orders, and from office and benefice, and from the fruits, revenues, and proceeds of their benefices; and also, if after once being corrected they offend again in this matter, even by deprivation of offices and benefices of this kind.” Since, therefore, Aurelius was once legitimately warned, and amendment did not follow, also from this other grave and scandalous transgression he is altogether deprived of the benefice by right. Nor indeed has Aurelius anything which he can bring forward in his defense under this head, if he had previously been warned by public edict by the Bishop, and the Bishop had imposed upon him the ordinance and mandate of wearing the clerical habit.

“Pastors cannot be absent from residence beyond three or four days, even within the conciliar months, unless in a case of necessity and with the permission of the Ordinary, whose conscience is burdened concerning this matter.” Sacred Congregation for the Propagation of the Faith, 29 August 1793, no. 189. Cf. no. 204.

“By the disposition of the Sacred Council of Trent all pastors of souls are commanded to preach to the people on Sundays and feast days and to teach children the rudiments of the faith. Whenever the aforesaid Archbishop personally fulfills all these things in the church in which he resides, the Pastor of the same church is by no means bound to undertake the same burdens. But if the Archbishop has not made both an explanation of the Gospel and an exposition of the catechism, then and in that case let the Pastor fulfill the duty incumbent upon him by performing either the explanation of the Gospel omitted by the Bishop or the exposition of the catechism, so that the people may have both aids.” Sacred Congregation for the Propagation of the Faith, 28 November 1785, no. 192. Cf. no. 212.

1100. The special obligations of presbyters are reduced chiefly to three: 1. celebration of Mass, concerning which we treated in the Treatise on the Eucharist, n. 182-194; 2. administration of the sacraments, concerning which it was said in the Treatise on the Sacraments in general, n. 104-109, and in the Treatise on Penance, n. 362-509, as to the special offices of the Confessor; 3. exercise of the pastoral office: concerning which a few things remain to be said.

Upon pastors of souls, that is, primarily parish priests, and secondarily vicars, who under the authority of parish priests have the care of souls, there is incumbent especially a twofold office, namely of teaching and ruling the flock committed to them.

I. On The Obligation Of Teaching.

1101. Upon the Apostles and their successors, namely Bishops, the office of teaching was explicitly imposed by these words: "Going therefore, teach all nations." But since Bishops cannot by themselves exercise that function in the whole diocese, they instituted parish priests to whom the office of teaching the faithful in their parish was entrusted. And indeed they provide this chiefly in a twofold way: by preaching the divine word, and by the instruction of children, or catechism.

1102. 1. By preaching the divine word; for Trent commands these that "on at least Sundays and solemn feasts they feed the peoples committed to them, according to their own and the peoples' capacity, with salutary words"; according to the same Council, those who, warned by the Bishop, nevertheless have failed in their duty over a space of three months, ought to be compelled by ecclesiastical censures.¹ The Code confirms this law, adding that Ordinaries ought to take care that during the time of Lent, and, if it is expedient, during the time of Advent, sacred sermons be more frequently held for the faithful.²

¹ Trident., sess. V, cap. 2 de Reformat.

² Code, can. 1346.

1103. (a) This obligation indeed is of itself grave, since there is question of a matter necessary for the salvation of souls; and, according to St. Alphonsus (l. III, n. 269), parish priests sin gravely who, for one whole continuous month, or for three discontinuous months in the year, without reasonable cause, deliberately omit to preach.

(b) It is also personal, insofar as parish priests ought personally to fulfill the duty of preaching, when they are not legitimately impeded; for the care of souls is primarily incumbent upon them. But if they are legitimately impeded, they ought to take care that a sermon be had through another suitable priest. - Often, where several vicars help the parish priest in the sacred ministry, matters are so ordered that each in order, in turn, as they say, announces the word of God.

(c) The object of this preaching is whatever is necessary or useful for the salvation of souls; and the manner of explaining this ought to be so accommodated to the capacity of the hearers that they can easily understand these truths; indeed, as Trent testifies,³ parish priests ought to teach "those things which it is necessary for all to know for salvation, announcing to them with brevity and facility of speech the vices which they ought to decline and the virtues which they ought to follow, so that they may be able to escape eternal punishment and obtain heavenly glory." For providing this, nothing is more opportune, especially in our days, than to compose and preach a continuous and ordered series of catechetical sermons, in which those truths are methodically explained and developed which, with attention to the circumstances of persons and places, seem more necessary, both because they are more frequently attacked by adversaries, and because they are less distinctly known or understood by the faithful themselves.

³ Sess. V, cap. 2 de Reform.

But the manner of explaining truth ought to be accommodated to the diverse character of the hearers, more scientific for the learned, but simpler for the unlearned; yet for all so resting upon the Gospel that it can truly be called Christian preaching, not human: "But we preach Christ crucified... For I judged myself not to know anything among you except Jesus Christ, and him crucified... And my speech was not in the persuasive words of human wisdom, but in the showing of spirit and power."¹ Wherefore let a Catholic herald often appeal to the words and examples of Christ and the Apostles, exhibiting the same to his hearers so that they may be able to adapt them to their own manner of acting.²

¹ I Cor., I, 23; II, 2-4.

² Let canons 1327-1348 of the Code concerning the preaching of the divine Word, catechetical instruction, and sermons be carefully read.

1104. 2. By catechizing children. Nor less necessary is the Christian education of the young through catechism. For Trent establishes concerning Bishops:³ "Let the same also, at least on Sundays and other feast days, take care that children in individual parishes are diligently taught the rudiments of faith and obedience toward God and parents by those to whom it will belong; and, if there is need, let them compel even by ecclesiastical censures, notwithstanding privileges and customs." - This office indeed presses more urgently in regions where neutral schools prevail, since there the young often receive no religious education except in catechism. (Code, c. 1329-1336.)

³ Trident., sess. XXIV, cap. 4 de Reformat.

1105. (A) That little ones may be rightly instructed, already from tender years let them be gathered together and taught the principal mysteries of faith, the precepts of God, and the sacraments. To the point Conc. plen. Baltimore II, n. 436: "Those rudiments of faith and piety, which afterward for adults will be a foundation and strength, and a most safe protection against the wicked snares of the devil and of wicked men." Wherefore the parish priest will earnestly exhort parents to send their children to church at the appointed time of catechesis; but so that little ones may come more eagerly, let them be drawn by little gifts and prizes; but especially let the catechist so accommodate himself to their age and character, and so seize their mind by parables, examples of the saints, and other industries, that both parents and children earnestly desire to hear catechetical instructions.¹

¹ Cf. Gerson, De parvulis ad Christum trahendis; Dupanloup, L'Oeuvre par excellence.

(B) Let those who are preparing themselves for first communion be instructed with special care and solicitude. Looking at common law alone, the parish priest indeed cannot demand that only those approach first communion and confirmation who were accustomed to be present at catechesis; for they can learn the mysteries of faith at home or elsewhere, and prove their suitability through some examination. But in many dioceses, it is established that the young assist at catechesis for two years before they are solemnly admitted for the first time to the sacred synaxis; concerning which, see diocesan statutes.

(C) After first communion has been made, the parish priest ought to take care that boys and girls preserve the integral fruits of so great a benefit; and therefore that they be kept away from the evil doctrines and morals of the world, and assiduously cultivate Christian virtues; for this indeed perseverance catecheses, patronages, and various associations greatly help, concerning which it has already been said, On The Virtue Of Justice, n. 855-862, and On The Theological Virtues, n. 820 sq.

II. On The Obligation Of Ruling The Parish.

Nor is it enough that the parish priest teach; he ought to rule the parish committed to him, by promoting its good, whether spiritual or temporal.

1106. 1. For duly fulfilling this twofold function, the parish priest ought habitually to reside in his own parish.

(A) Trent strictly enjoins this obligation upon all having the care of souls:² "Since by divine precept it has been commanded to all to whom the care of souls has been committed to know their sheep, to offer sacrifice for them, and to feed them by the preaching of the divine word, by the administration of the sacraments, and by the example of all good works, to bear paternal care of the poor and other miserable persons, and to devote themselves to the other pastoral duties; all which things can by no means be provided and fulfilled by those who do not watch over and assist their flock, but desert it after the manner of hirelings; the holy Synod admonishes and exhorts them that, mindful of the divine precepts, and having been made a pattern of the flock, they feed and rule in judgment and truth." - Having thus declared the motives on which the law of residence rests, the Council inflicts penalties against its violators, establishing that, besides the guilt of mortal sin which they incur, "in proportion to the time of absence, they do not make the fruits their own, nor with a safe conscience, even with no other declaration following, can they detain them for themselves, but are held... to disburse them to the fabric of the churches or to the poor of the place"; moreover the Bishop can cite the absent by edict, and compel the contumacious "by ecclesiastical censures and sequestration and subtraction of fruits, and other remedies of law even to privation," without the execution of the sentence being able to be suspended by any privilege, any custom, or appeal.

² Trident., sess. XXIII, cap. 1 de Reformat.

1107. For understanding these things we add a few notes: -

(a) The law of residence affects not only perpetual parish priests, but also removable ones, and also vicars with care of souls, whether temporary or perpetual, in one word all to whom the care of souls has been committed. - These ought to dwell within the limits of the parish, so that they can easily be approached, unless, a grave cause intervening, they obtain from the Bishop license to stay in a neighboring place.

(b) As Benedict XIV testifies,¹ a parish priest ought not only to be present in body, but to labor as a good soldier of Christ, and not decide upon lighter functions for himself, entrusting the rest to ministers: "and it is certain," he says, "that parish priests are liable to a lethal crime who are present only in presence, and impeded by no cause, wither away in idleness." - Yet he can have one or several cooperators, and leave certain arduous functions to them, provided that he himself does not cease personally to provide pastoral functions, especially the more principal ones, and when he is called by name by sick parishioners, does not refuse to go.² - The onset of a pestilence does not free a parish priest from the burden of residing, even if he calls other suitable men who may supply his place.³

¹ Benedict XIV, Instit., 17, n. 6.

² Thus Ferraris, word Parochus, art. 2, n. 20.

³ Benedict XIV, De Synodo, l. XIII, c. 19, n. 2.

1108. (B) The Code, can. 465, thus establishes the manner of observing this obligation: "§ 1. A parish priest is held by the obligation of residing in the parish house near his church; yet the Ordinary of the place can for a just cause permit him to stay elsewhere, provided the house is not so distant from the parish church that the performance of parochial duties suffers some detriment thereby.

§ 2. It is permitted to him to be absent for two months at most within the year, whether continuous or interrupted, unless a grave cause, in the judgment of the Ordinary himself, requires a longer absence or permits only a shorter one.

§ 3. The days on which the parish priest devotes himself to pious exercises, according to the norm of can. 126, are not counted, once in the year, in the two months of vacations...

§ 4. Whether the time of vacations is continuous or interrupted, when the absence will last beyond a week, the parish priest, besides a legitimate cause, ought to have the written license of the Ordinary and to leave in his place a substitute vicar to be approved by the same Ordinary;¹ but if the parish priest is a religious, he needs besides the consent of the superior, and the substitute ought to be approved both by the Ordinary and by the Superior.

¹ Where there is already a vicar deputed by the Bishop, generally no other is required; but if he is lacking, either another priest must be called who for a time may conduct the care of the parish, or, if the place is small, the guardianship of the flock is to be entrusted to the nearer parish priest, with the license of the Bishop. - In all things which regard residence, diocesan statutes must also be attended to, which generally determine this law more precisely.

§ 5. If a parish priest, from a sudden and grave cause, is compelled to depart and to be absent beyond a week, let him as soon as possible inform the Ordinary by letter, indicating to him the cause of departure and the priest supplying, and let him stand by his commands.

§ 6. Even for the time of a shorter absence a parish priest ought to provide for the necessities of the faithful, especially if the particular circumstances of matters demand this."

Moreover the Code establishes penalties against those who violate the law (can. 2381): "One who obtains an office, benefice, or dignity with the burden of residence, if he is illegitimately absent: 1. by that very fact is deprived of all fruits of his benefice or office in proportion to the illegitimate absence, and ought to hand them over to the Ordinary, who is to distribute them to the church or some pious place; 2. let him be deprived of office, benefice, dignity according to the norm of can. 2168-2175," where the manner of proceeding against non-resident clerics is described.

1109. 2. Nor is it enough for the parish priest to reside, but at certain times he ought to visit individual families of the parish, and more often also certain parishioners who need greater solicitude.

The reason is that he ought to know and feed his sheep; but he cannot provide this unless he visits them and inquires concerning their spiritual condition; especially he will go to the grieving, so that he may bring them solace, to the poor in order to relieve them, to sinners, so that he may lead them back to the sheepfold, as a good shepherd, to the sick and infirm,² so that he may administer the sacraments to them. - Nor is it enough if, shut up at home, he waits for parishioners to approach; for many will not come unless first visited; but Christ admonishing, priests are held to go to the people: "Go to the sheep that have perished of the house of Israel...¹ Going therefore, teach all Nations."² Did not Christ himself descend from heaven so that he might come to us? Did he not, leaving the sheep in the fold, go to the lost sheep so that he might bring it back wounded to the fold upon his shoulders?

² Concerning the care of visiting the sick and dying we treated elsewhere, On Extreme Unction, n. 28-29, and On Penance, n. 503-509.

¹ Matt., X, 5.

² Matt., XXVIII, 19.

Wherefore the Roman Ritual enjoins upon parish priests that they have distinct books, in which the names of the baptized, confirmed, marrying, and dead are accurately described; and moreover a book of the state of souls, in which the spiritual condition of families is described, such as is known by the Pastor in the external forum: for the better they know their sheep, the more securely they are able to direct them in the path of virtue.

3. The remaining things which regard the spiritual government of souls can be read in the pastoral epistles of St. Paul, the works of the Fathers, and also in works which especially discuss the duties of pastors. - Concerning temporal government, the Canonists can be approached, since it is not ours to speak about all these things.

We have been able to explain only briefly the principal duties of lay persons and clerics; if they have fulfilled these carefully and perseveringly, on account of God, they will receive an unfading crown.

Putting an end to this Synopsis, I reverently submit to the Church all those things which I have written, having nothing more ancient than that errors, if any perhaps have crept in contrary to my mind, and also less accurate words, which, on account of human frailty, may have been written by me, be carefully corrected. Likewise I ask the readers who have gone through these volumes that whatever erroneous or less accurate thing they have detected, they not hesitate candidly to manifest to the author, and thus the work, of whatever sort it may be, may become less imperfect, to the greater glory of God and the utility of souls.

Utility. In order that moral solutions may be better understood, it seems useful to sketch in a few words how, in the Latin Church, ecclesiastical governance is ordered under the Roman Pontiff. Therefore:

— I. On the Supreme Pontiff.

The Supreme Pontiff, from accepted legitimate election, obtains the full power of supreme jurisdiction; from the same moment, if he is a bishop, but if not, from received episcopal consecration, he acquires the fullest power of order as to use. His power "is truly episcopal, ordinary, and immediate, both over all and individual churches and over all and individual pastors and faithful, independent of any human authority" (c. 218). To him has been committed the office of preaching the Catholic faith for the universal Church (c. 1327); and, outside constituted dioceses and parishes, the whole care of missions among non-Catholics is reserved solely to the Apostolic See (c. 1350, §2).

Affairs of graver moment which are reserved to the Roman Pontiff alone are called major causes (c. 220).

Concerning the full power of making laws and dispensing which belongs to the Supreme Pontiff, and concerning the mode by which he himself is held by his own laws, it has been treated in fundamental theology.

Concerning his titles and honorific insignia, canonists are to be consulted.

In the same fundamental part, we have sufficiently sketched what the Roman Curia is, and what province falls to the Sacred Roman Congregations.

There also, as much as suffices in moral theology, we have treated of Councils.

Therefore it is permissible to come at once to indicating the rights and obligations of bishops.

— II. Bishops, successors of the Apostles, are freely nominated by the Supreme Pontiff. Yet he sometimes grants by indult or concordat that either a prince or a college present or elect a bishop, with the inalienable right of the Pontiff of providing for the common good of the Church always intact.

All bishops possess the fullness of the priesthood, and as such they have rights and enjoy privileges.

Rights: of having a deliberative voice in Councils to which they are called, unless in the letters of convocation it has been established otherwise concerning non-diocesans (cc. 223, 282, 286); of ordaining, as ordinary ministers of the sacrament of Order, those to whom they can give dimissorial letters (cc. 951, 959); of performing consecrations and conferring several reserved blessings (c. 1147); of preceding non-bishops even in choir (c. 408, §1), and of preserving episcopal dress there; of wearing episcopal insignia. They participate in several privileges of Cardinals. Cf. cc. 239 and 349. These privileges they obtain from accepted authentic notice of canonical provision, even before consecration itself or possession taken.

From divine institution there must be bishops who, under the Supreme Pontiff, are immediate Pastors of parts of the flock committed to St. Peter and his successors. And therefore, besides merely titular bishops, others, residential or diocesan, are placed over particular churches, which they govern with ordinary power, in spiritual and temporal matters, under the authority of the Roman Pontiff (c. 329, §1).

That ordinary power comprehends: 1. legislative power, explained in I, 277, 278; 2. judicial power: they are, by themselves or through delegates, judges of first instance; indeed of appeal if they are Metropolitans, or if they are suffragans of a Metropolitan who, with the Holy See approving, has chosen them for causes which the Metropolitan has treated in first instance; 3. coercive power, by which bishops can sanction laws and precepts with penalties.

They have the power of dispensing which is explained in I, n. 295.

Besides, from possession taken, they enjoy the right of perceiving the revenues of the episcopal benefice, or mensa; of conceding indulgences of fifty days, for the living alone; of raising in all churches of their diocese a throne with baldachin (c. 349); of exercising pontificals in every place of their diocese; of preceding the rest, with Cardinals, Legates of the Pontiff, and their own Metropolitan excepted.

— III. Several dioceses constitute an ecclesiastical Province, over which a Metropolitan or Archbishop presides. In his own diocese he is a bishop; he presides over the Provincial Council; he supplies the negligence of suffragans; he makes the Pontiff more certain concerning abuses; but, outside canonical visitation, he possesses no immediate jurisdiction over the subjects of suffragans. The insignia of archiepiscopal power is the pallium.

— IV. In a diocese there are usually one or several Vicars General, who themselves are also called Ordinaries of the place.

With the bishop they are one juridic person, so that, when the jurisdiction of the bishop ceases or is suspended, the very jurisdiction of the Vicar General ceases or is suspended. By the nomination itself they obtain every power which belongs to the bishop by ordinary law, with those things excepted which the bishop has reserved to himself, or which by law demand a special mandate. With express exception saved, the Vicar General can execute rescripts remitted to the bishop, and habitual faculties granted to the bishop by the Holy See generally pertain also to him. He precedes all clerics of the diocese, not bishops. Cf. cc. 366-371.

The Vicar General of the Pope, insofar as he bears the person of the Bishop of Rome, is the one who is called the Cardinal Vicar of the City.

— V. The cathedral chapter, while the see is full, is the senate of the bishop, who, in several matters, especially in alienations of a certain value, must seek its consent or its counsel for the validity or liceity of the act.

When the see is impeded in such a way that the bishop cannot communicate with the diocesans even by letter, the administration in the first place is in the hands of the Vicar General or another ecclesiastical man delegated by the bishop. But if these are lacking, the cathedral chapter constitutes its own vicar who, with the power of a capitular Vicar, assumes the governance of the diocese (c. 429).

When the see is vacant, unless the Holy See has provided otherwise, the governance of the diocese passes to the cathedral chapter with all the ordinary power of the bishop, and with the use of habitual faculties granted to the same, unless the personal industry of the bishop was chosen. But the chapter must, within eight days from accepted notice of the vacancy, elect one single capitular vicar, and transfer all its power to him (c. 431 ff.).

— VI. The Capitular Vicar governs the diocese by the same power by which the chapter possessed it, also keeping the rule: "When the see is vacant, let nothing be innovated" (c. 436). He is removed unwilling only by the Holy See; but his resignation is valid without acceptance of the chapter, which nevertheless constitutes a new one. The office of itself ceases through possession entered upon by the new bishop or quasi-bishop, to whom the Capitular Vicar is held to render an account.

— VII. Canons, of whom the chapter consists, are called selected clerics, ascribed to a definite church so that in it they may form a college deputed to singing divine praises and celebrating sacred offices. That church is cathedral, which possesses the chair of the bishop; otherwise it is collegiate. The erection of each is reserved to the Holy See.

Some canons are titular, who have a prebend or benefice and a voice in chapter; others are honorary, who participate only in the honorific rights of canons. Among titular canons are dignitaries, who in order precede other non-bishops or Vicars General; and officials, who have a certain function to fulfill. The chief offices are those of the canon theologian, who must explain lessons on sacred Scripture or on another part of Catholic doctrine in the church, and not rarely today rather teaches the sacred disciplines in the seminary; of the canon penitentiary, who is furnished with peculiar faculties so that in the capitular church he may receive the confessions of the faithful. He is endowed with ordinary jurisdiction, by which he can absolve his own diocesans even outside the diocese, yet can grant no delegation. Cf. cc. 873, 401; of the canon curate, who, when the habitual care of souls is in the hands of the chapter, administers the parish as vicar of the chapter.

With dignities excepted, whose designation is reserved to the Holy See, it pertains of itself to the bishop, the chapter having been heard, to confer all benefices and canonries (c. 403). In order to name as honorary canon a cleric who belongs to another diocese, the bishop needs the assent of the Ordinary to whom the one to be named is subject; nor can he bestow that honor on so many outsiders that they equal a third part of the titular canons in number (c. 406). Observe that capitular insignia cannot be used except in the diocese in which the chapter is; and a contrary custom is reproved.

— VIII. On Diocesan Consultors (cc. 423-428). In dioceses which lack a cathedral chapter, a group of consultors is to be constituted by the bishop, which "supplies the place of the cathedral chapter as the senate of the bishop," so that whatever the canons attribute to the cathedral chapter in administering the diocese, whether the see is full, impeded, or vacant, is to be understood of the group of consultors (c. 427). Consultors must be at least six in number, or four if there are few priests in the diocese.

— IX. "A pastor is a priest or moral person to whom a parish has been conferred in title, with the care of souls to be exercised under the authority of the Ordinary of the place" (c. 451).

But a parish is a distinct part of a diocese, to which there is a particular church and a particular rector as the proper pastor of a determined people. Cf. c. 216, §1 and 3, which orders that such a division of dioceses be made, and §4 forbids that, without a special Apostolic indult, parishes be constituted for diversity of language or nation of the faithful, or merely familial or personal parishes.

Moral persons which sometimes hold a parish are monasteries, chapters, or similar institutes. But they keep only habitual care; actual care they must hand over to some vicar (cc. 452, 471).

The conferral of a parish which is not of the right of patronage belongs by ordinary law to the bishop or quasi-bishop. When the see is vacant, it belongs to the Capitular Vicar after the episcopal see has been vacant for a year. If it is of the right of patronage, the patron presents a suitable candidate to be instituted by the bishop, as was said above. Likewise a religious Superior presents a priest of his religion so that he may be instituted by the Ordinary of the place as pastor of a religious parish. Where the form of special or general competition is in force, it is said to be observed until the Apostolic See decrees otherwise. His own pastor must be placed over each parish, and he must be one (cc. 455-460).

Besides the care of souls with ordinary power in the internal forum, by which their office is defined, the rights of pastors are referred to a twofold genus: functions which are reserved to them, and prestations which they can demand.

1. From c. 462, there are reserved to the pastor: solemn baptism; public carrying of the Most Holy Eucharist to the sick in his own parish; administration of Viaticum and Extreme Unction; banns; assistance at marriages, the nuptial blessing; just funeral rites of parishioners, "unless the deceased has legitimately chosen another church of burial" (c. 1216, §1); blessing of houses on Holy Saturday, or on another day according to the custom of places; blessing of the baptismal font on Holy Saturday; public procession outside any church; blessings outside the church, with pomp and solemnity, "unless there is question of a capitular church, and the chapter performs these functions." These functions, that is, the three just numbered or some of them.

2. He has a right to the prestations which approved custom or legitimate taxation attributes to him. He keeps this right even if some parochial office has been fulfilled by another, "unless the contrary will of those offering is certainly established concerning the sum which exceeds the tax" (c. 463, §3). At the same time, in c. 463, these two things are provided: "One demanding preferable prestations is held to restitution"; "Let the pastor not deny gratuitous ministry to those who are not able to pay."

Not only to the pastor, but to every priest who assists the sick, there has been granted the faculty of conceding the apostolic blessing in the article of death (c. 468, §2).

— X. Parochial Vicars bear actual parochial care when parochial care is in the hands of a moral person, such as a chapter or monastery.

Churches which are neither parochial nor capitular, nor annexed to the house of a religious community which celebrates offices in the same church, are committed to a Rector, whom the Ordinary of the place names or at least approves, and removes for a just cause, even if the church belongs to an exempt religion.

With parochial functions excepted, that rector can celebrate divine offices, even solemn ones, provided they do not harm the parochial ministry; and if parishioners cannot without grave inconvenience go to the parochial church, the Ordinary has the right of imposing, under grave penalties, certain parochial ministries on the rector of a church which is of easier access. Cf. cc. 479-486.

— XI. Cooperating Vicars are named by the bishop so that they may supply the place of the pastor and help him in the whole parochial ministry, with the application of Mass for the people excepted, by which they themselves are in no way held. A cooperator from the secular clergy is named after the pastor has been heard. A vicar from the regular clergy is approved by the Ordinary, having been presented by the Superior, after the pastor has been heard.

— XII. Vicars Forane. The territory of a diocese of itself must be divided into districts consisting of several parishes. Over these is placed a vicar forane, or dean, or archpriest, etc., to whom a function chiefly of vigilance and inspection is committed.

He is freely named and removed by the Ordinary of the place. He presides over the collations of the clergy; he also takes care that gravely sick pastors not lack spiritual aids, and, if they depart from the living, an honorable funeral, and then he must at the same time take care lest documents and furnishings which pertain to the church perish or be carried away.

Besides, he is accustomed to be furnished with certain faculties. Cf. cc. 445-450.

In places where, on account of perpetual or accidental circumstances, bishops are lacking, quasi-bishops are constituted, that is, an Abbot or Prelate nullius, understand: of a diocese; an Apostolic Administrator; an Apostolic Vicar and Prefect. Here we must treat only of the first two.

— I. An Abbot or Prelate nullius governs a territory, in the very regions of the faithful, separated from every diocese.

That territory contains parishes; and if there are at least three in number, the Abbot or Prelate is to be equated altogether with a bishop. He governs the territory as his own: he names a Vicar General; he convokes a diocesan synod; he grants indulgences of fifty days. Yet if he lacks episcopal character, he will not be able to perform major ordinations and bless sacred oils. But within the bounds of the territory he confers tonsure and minor orders; imparts all blessings reserved to bishops; consecrates chalices, patens, portable altars, indeed immovable altars, with oils blessed by bishops, and churches; and administers confirmation.

He who administers fewer than three parishes is governed by special law.

— II. An Apostolic Administrator, on account of grave and special causes, is placed over a diocese in perpetuity or for a time. Constituted permanently, as now in the free city of Danzig, he is assimilated to a residential bishop; given for a time, he is like a Capitular Vicar. He does not have a Vicar General.

There are mission places, for example the Indies, in which the episcopal hierarchy has been restored; but parishes, at least many, and especially chapters, are lacking. These are then supplied by diocesan Consultors. Therefore:

— I. An Apostolic Vicar and Prefect administer territory which is not strictly their own, but that of the Supreme Pontiff.

Wherefore, even if bishops, they do not use a throne with baldachin, nor, without indult, which is granted quite easily to Apostolic Vicars, is their name pronounced in the canon, or prayer made for them in the ferial prayers of the breviary. As to power, they are assimilated to bishops, indeed they obtain broader faculties; and if they are adorned with episcopal character, they participate in other rights and privileges of bishops. Lacking that character, they have the honorific privileges of Apostolic Protonotaries of the number of participants; and besides they can do in their territory those things which are granted to a Prelate nullius (cf. n. 70), with the consecration of a church and of an immovable altar excepted. They cannot name a Vicar General properly so called.

— II. One or several delegated Vicars are permitted to be named in place of a Vicar General. The delegate can do all things which a Vicar General can; but since he is properly delegated, when the right of the Apostolic Vicar or Prefect ceases or is suspended, he does not of himself fall from his power. Cf. circular letters of the Sacred Congregation of Propaganda Fide, December 8, 1919.

— III. A Pro-vicar or Pro-prefect must be named by the Apostolic Vicar or Apostolic Prefect if there is no coadjutor with future succession. He, when the Vicar or Prefect is lacking, assumes the governance of the vicariate or prefecture. If no one has been designated, the senior, that is, he who is present in the territory and in the same territory has earlier shown the letters of his destination, is judged delegated by the Holy See to assume governance.

— IV. Quasi-pastors govern quasi-parishes, that is, distinct territorial parts into which, at the exhortation of c. 216, the Apostolic Vicar or Prefect has divided his territories.

The Sacred Congregation of Propaganda Fide, by instruction of July 25, 1920, advised that they try to divide the territory also into districts over which one like a vicar forane would be placed.

Where the territory is not divided, all missionaries who are assigned to the care of souls are to be considered as cooperating Vicars of the Ordinary of the place.

Because the Supreme Pontiff is superior to every human law, and "the First See is judged by no one" (c. 1556), we can begin the discussion from the obligations of bishops.

— I. All bishops: 1. Before their canonical institution or provision, besides the profession of faith, must emit an oath of fidelity toward the Holy See according to the formula approved by the Apostolic See (c. 332, §2);

2. Those promoted, if not impeded, must receive consecration within three months from received apostolic letters.

II. Diocesan bishops: 1. must canonically take possession of the diocese, the apostolic letters having been shown to the chapter, without which solemnity they can in no way intrude themselves into the governance of the diocese; yet they can retain and exercise the office of capitular vicar, official, or oeconomus which they obtained before their designation (c. 334);

2. must urge the observance of ecclesiastical laws, watching lest abuses creep into ecclesiastical discipline (c. 336);

3. the office of preaching the Catholic faith has been committed chiefly to bishops for their dioceses; wherefore, unless they are legitimately impeded, they must preach the Gospel themselves in person (c. 1327). Yet more easily than pastors they can fulfill that office through others, so that their grave obligation is at least that of providing the people with sufficient instruction. Cf. Lehmkuhl, II, 816;

4. they must reside personally in the diocese, even if they have a coadjutor.

Yet they can be absent on account of the visitation of the sacred thresholds, councils at which they must be present, a civil office legitimately joined to their church, or for another equitable cause; but then not beyond two or three months within the year, taking care lest from their absence the diocese receive detriment. That time cannot be joined with the time conceded to bishops on the occasion of their promotion, visitation of the sacred thresholds, assistance at a council, or with the time of vacations of the following year (c. 338, §2).

Residence in the diocese suffices. Yet in the time of Advent and Lent, on the days of Nativity, Easter, Pentecost, and Corpus Christi, his presence near the cathedral is required, unless a grave and urgent cause prevents it (c. 338, §3).

He who has been illegitimately absent beyond six months must be denounced to the Apostolic See by the Metropolitan, or if the Metropolitan is to be blamed, by the more ancient resident suffragan (c. 338, §4);

5. they must apply Mass for the people on all Sundays and feasts of precept, even suppressed ones (c. 339).

After the declaration of February 17, 1918 (A. A. S., X [1918], p. 170), we know that those feasts are to be estimated from the catalogue of Urban VIII, which is thus restored. Therefore it was promulgated anew by decree of the Sacred Congregation of the Council, December 28, 1919 (A. A. S., XII [1920], p. 42).

On the feast of the Nativity of the Lord, and if some feast of precept falls on a Sunday, only one Mass is to be applied. Even if a feast is transferred, the obligation remains on the day from which it is transferred, unless on the day to which it is transferred, together with the celebration of the office and Mass, the obligations of hearing Mass and abstaining from servile works are to be observed. A bishop who, by some title, governs two or several dioceses satisfies the obligation by one celebration for the whole people committed to him.

Yet if episcopal cities have distinct patrons, the bishop seems bound on the feasts of each to offer sacrifice for the people.

That obligation is personal: the bishop himself in person must celebrate Mass; it is real and to be executed on fixed days, so that if he himself is impeded, he should apply on the fixed days through another rather than defer the celebration, although a different option will easily be excused. Nevertheless the obligation is not ended by the fixed time: wherefore, if he could not celebrate on the fixed day even through another, as soon as possible, either by himself or through another, let him apply on another day; but let him supply neglected Masses as soon as possible.

But must he, with money paid, apply through another if he is prohibited from personal celebration by infirmity or another impediment? We shall say that he must or deny that he must according as the bishop receives from his mensa or by another reason moneys by which the burdens of his administration are compensated, or receives no stipend or quasi-stipend.

"It is fitting from charity, yet without obligation, that titular bishops sometimes apply the sacrifice of the Mass for their diocese" (c. 348, §2);

6. every five years, they must make a report to the Supreme Pontiff concerning the state of the diocese committed to them, according to the formula given by the Apostolic See (c. 340).

The quinquennia are fixed and common, and are computed from January 1, 1911, so that for the bishops of Italy and the adjacent islands the years of report are 1911, 1916, 1921, 1926; for the bishops of Spain, Portugal, France, Belgium, Holland, England, Scotland, and Ireland with the adjacent islands, 1912, 1917, 1922, 1927; for the other bishops of Europe with adjacent islands, 1913, 1918, 1923, 1928; for the bishops of the whole of America and adjacent islands, 1914, 1919, 1924, 1929; for the bishops of Africa, Asia, Australia, and islands adjacent to these parts of the world, 1915, 1920, 1925, 1930.

Yet if the year of the report, in whole or in part, falls in the first biennium from the governance of the diocese begun, the bishop for that turn can abstain from preparing and presenting the report. It will fall in part in the first biennium, for the bishop of Italy who, for example, in the month of July 1924, entered into possession of his see.

The more recent formula was given through the Sacred Consistorial Congregation on November 4, 1918 (A. A. S., X [1918], p. 487 ff.), for bishops who must report to it; and, for bishops of missions, by the Sacred Congregation of Propaganda Fide, April 16, 1922 (A. A. S., XIV [1922], p. 287, or Periodica, XI, p. 46);

7. in the year in which they must present the report, they must also, by themselves or through a Coadjutor, or, for just causes approved by the Holy See, through a priest who resides in their diocese, visit the sacred thresholds. Yet to bishops who are outside Europe it is permitted that they seek the City only every ten years (cc. 341, 342).

That visitation comprises, besides the report just mentioned, the pious visitation of the Basilicas of St. Peter and St. Paul, and the visitation of the Supreme Pontiff;

8. they must visit at least part of their diocese every year, so that certainly every five years the whole diocese has been visited (cc. 343-346).

A visitation which they themselves in person are prohibited by a legitimate impediment from making must be made through the Vicar General or another delegate. Exemption from jurisdiction does not bring exemption from visitation unless this is prohibited, as for exempt clerical religions, from c. 344, §2 itself; a paternal form is prescribed; useless delays and superfluous expenses are to be avoided; concerning food to be furnished to the bishop and two clerics whom the bishop can take to himself, or procurations and expenses of the journey, the legitimate custom of places is said to be observed. From precepts and decrees which regard the object and end of the visitation, recourse is given only in devolutive effect. Moreover persons, things, and pious places are visited; but the end is preservation of faith and morals, correction of depraved morals, promotion of innocence, peace, and discipline in clergy and people, and the utility of religion to be procured. If the bishop has been gravely negligent in this matter, let the Metropolitan make the Roman Pontiff more certain, and, with the Holy See approving, let him himself visit the diocese of the suffragan.

— Residential archbishops: 1. within three months from consecration or, if consecrated, from canonical provision, must petition from the Roman Pontiff, in consistory, by themselves or through a procurator, the pallium, or insignia of archiepiscopal power, which is strictly personal and given for one see, so that those promoted to another church must petition another pallium. Before the imposition of the pallium, they would illicitly, of themselves, place acts of archiepiscopal jurisdiction and acts of episcopal order which, like sacred ordinations, require the use of the pallium. Use outside the province is strictly prohibited;

2. if they are Metropolitans, they must be solicitous concerning morals and discipline in their province and opportunely admonish the Holy See concerning abuses.

— I. An Abbot or Prelate nullius is held by the same obligations by which a bishop is held.

— II. A Capitular Vicar must, before the office begun, profess the faith; he is held by the law of residence and of applying Mass for the people just as a bishop is. In exercising the office, he must beware lest he innovate anything. He must render accounts to the bishop or abbot or prelate nullius who has taken possession of the see.

— III. An Apostolic Administrator, constituted permanently, has the obligations of a residential bishop. Given for a time, he has the same offices which a Capitular Vicar has; yet the obligation of saying Mass for the people then holds the bishop alone. Even while the see is full, he can visit the diocese.

— IV. Apostolic Vicars and Prefects have the obligations of residential bishops. Yet the convocation of a synod is not prescribed in a prefecture; in a vicariate, its frequency is not defined. Nor must a Prefect visit the sacred thresholds. An impeded Vicar can visit the sacred thresholds through a procurator, even from the City. They must celebrate Mass for the people, but only on feast days of precept, with the Circumcision excluded, and on the Sundays of Easter and Pentecost (c. 306). Unless they have a coadjutor with future succession, they must designate a pro-vicar or pro-prefect, who, when they are lacking, assumes the whole governance as delegate. He must admonish the Holy See concerning the care assumed. Cf. cc. 293-311 and Per., IX, pp. 19 ff.

— 1. Titular canons and Beneficiaries bound to choir must reside in such a way that on the days on which they are held, they are truly present at choir. For provided they furnish the services owed, of themselves they preserve the option of the place of habitation. With a stricter law saved, they cannot be absent beyond three months, continuous or interpolated, in individual years. Nor, without special permission of the bishop, can they take holiday in the time of Lent and Advent, or on the principal solemnities of the year; nor are more than a third part permitted to be absent at the same time (c. 418).

Those illegitimately absent do not make the fruits their own pro rata; they must hand them over to the Ordinary, to be distributed to a church, pious place, or the poor (c. 2381).

2. Those who obtain a choral benefice must pay the divine offices in the choir itself on individual days, unless service by turn has been granted by the Apostolic See or by the laws of the foundation (c. 414). The divine office comprises the psalmody of the canonical hours and the celebration with chant of the conventual Mass to be applied for benefactors in general, besides other Masses appointed by special law. Yet it is permitted to celebrate Mass without chant when the bishop or another in his place celebrates with pontifical rite (c. 413).

It is not enough that canons be present in choir or recite the office in a low voice; rather it is necessary that they fulfill their parts in the psalmody. Otherwise, like the absent, they lose the daily distributions to be made among those present; and also, unless they count the time of absence or omitted psalmody among the months of vacation, pro parte, the fruits of their benefice or prebend. Lehmkuhl (II, 825) observes that the threefold obligation of residing, reciting the divine office, and chanting in choir is sanctioned by privation of fruits, so that one who is lacking to only one obligation must restore only part of the fruits. Nevertheless, against that common opinion, the Sacred Congregation of the Council, in the cause Toletana and of others, July 10, 1920, to doubt 3: "Whether, after canon 2381 is in force, a Beneficiary or Canon illegitimately absent can retain the fruits corresponding to the private recitation of the divine office," responded: "To III. Negative." Canon 2381 sounds thus: "He who obtains an office, benefice, or dignity with the burden of residence, if he is illegitimately absent: 1. by that fact is deprived of all fruits of his benefice or office, in proportion to the illegitimate absence, and must hand them over to the Ordinary, who is to distribute them to a church or some pious place or the poor."

Those legitimately excused from choir do not therefore gain the daily distributions. Yet to certain ones the daily distributions also are conceded; indeed to some even the distributions which are said to be among those present, unless the express will of the founders prevents it.

Various causes of excuse are numbered in canons 420 and 421. Jubilated capitulars gain the distributions among those present, that is, those who have obtained an indult of jubilation from the Holy See; those who are occupied with pious exercises, but only once in the year do they enjoy this privilege; those who assist the bishop solemnly performing sacred things; those who devote work to preparing processes of beatification or canonization, or are called as witnesses in those causes.

3. Invited by the bishop, they must assist him exercising pontificals in churches of the city or suburb, and accompany the same coming to the cathedral church and returning (c. 412).

— 1. The care of souls is to be exercised toward all their parishioners who are not legitimately exempt. But it remains entire for the bishop that, for a just and grave cause, he withdraw religious families and pious houses not exempt from the care of the pastor (c. 464).

Hence "the pastor must celebrate the divine offices, administer the sacraments to the faithful as often as they legitimately petition, know his sheep and prudently correct those wandering, embrace the poor and wretched with paternal charity, apply the greatest care in the Catholic instruction of children" (c. 467, §1). "Let the pastor diligently watch lest anything against faith and morals be handed down in his parish, especially in public and private schools, and let him foster or institute works of charity, faith, and piety" (c. 469). He must take care "that the faithful, especially midwives, physicians, and surgeons, thoroughly learn the right mode of baptizing for a case of necessity" (c. 743); that the faithful approach the sacrament of confirmation at an opportune time (c. 787); that children, having attained the use of reason and being sufficiently disposed, be refreshed by the Eucharist as soon as possible, at the same time watching lest they approach before the use of reason or without sufficient disposition (c. 851, §5); that the sick do not lack the faculty of communicating according to their devotion (cf. c. 848); that frequent, indeed daily, communion be promoted among the faithful (cf. c. 863); that the faithful committed to him find in their pastor, who by a grave obligation of justice must administer the sacrament of penance by himself or through others, cf. c. 892, and in other priests, prudent confessors solicitous for their salvation and perfection; that the sick, while they are fully in possession of themselves, receive the sacrament of Extreme Unction (c. 944). He must diligently inquire concerning the morals and qualities of those to be ordained (c. 1000), and by both public and private exhortation and direction studiously detect and foster seeds of priestly, religious, and apostolic vocation. Cf. apostolic epistle, November 30, 1919, of our Most Holy Lord Benedict XV. He must frighten away his sheep from marriages with non-Catholics or impious persons, prudently dissuade marriages which give slight hope of a happy outcome; but instruct those about to marry thoroughly concerning their mission and their duties; and with "diligent and poured-out charity" help "the sick... in his parish, but especially those near death," "solicitously refreshing them with the sacraments and commending their souls to God" (c. 468, §1).

Concerning the instruction of the people, let the points be weighed which Pius X prescribed in the encyclical letter Acerbo nimis, April 15, 1905 (A. A. S., VII, 623): these must be at least commended to all and are to be observed virtually. But the continuous omission of preaching notably beyond a month, for example for two months, or discontinuous omission protracted notably beyond three months in a year, is charged as grave sin. Cf. Lehmkuhl, II, 280.

But today the greatest importance lies in diligent inspection of schools. For those about to marry, who today, more than formerly, must be taught their duties, it will be very useful to have ready a little book to be handed to them, which contains the principal heads of Christian doctrine and discipline, and solidly, piously, and distinctly explains the rights and duties of spouses.

The visitation of the sick, made in due time and assiduously, furnishes pastors occasion of knowing families and of reconciling many to themselves, even the healthy. But insofar as can be done, let him assist the dying person, even one fortified with the sacraments, at the departure of life. "If there is question of a man accustomed to sins, no one does not see that there is, even if grave inconvenience must be undergone, a grave obligation of repelling from him in every way a not slight danger of eternal destruction" (Lehmkuhl, II, 821). Let him not omit to instruct those who care for the sick concerning the method of assisting the dying person, of suggesting frequent acts of charity and contrition. By which solicitude he will at the same time demonstrate that he is not moved by the base instigation of money or self-love, so that those baptized Catholic not fall away from the right of Christian burial.

2. The pastor must reside near his church, and of itself in the parochial house, if any is had. With the utility of the parishioners saved, the Ordinary of the place can permit another dwelling (c. 465, §1).

That house generally will be within the bounds of the parish. Yet it can happen that the pastor resides near the church and nevertheless outside his own parish. But let him remember that he then, in his own house, is staying outside his own territory, where he has less power, for example of dispensing.

An annual absence of two months is of itself conceded to the pastor; his Ordinary can extend or restrict this on account of a grave cause (c. 465, §2).

Nor are the days on which, once in the year, he is occupied with pious exercises to be computed in the two months (c. 465, §3).

But as often as he is absent, the pastor must provide for the spiritual safety of the faithful. And if he will be absent beyond a week, he needs the written permission of the Ordinary of the place, and, unless cooperating vicars already exist for him, he must leave in his place a vicar to be approved by the same Ordinary. For a religious pastor the consent of the Superior is also necessary; and his substitute is to be approved by the Ordinary and by the Superior. If a sudden and grave cause calls a pastor away beyond a week, let him himself provide for the matter, admonish the Ordinary, and stand by his mandates (c. 465, §§4-6).

But in time of plague, the pastor is prohibited from being absent; yet he can arrange the matter with a cooperator in such a way that one cares for the healthy, the other for the sick. Cf. Benedict XIV, De synodo, l. 13, c. 19, nn. 2-6.

The one illegitimately absent, by that very fact, does not make his own, in proportion to the illegitimate absence, the fruits which correspond to the exercise of parochial functions. All these he must hand over, as a penalty, to the Ordinary, who is to destine them to a pious end. Cf. A. A. S., XII, pp. 361, 364. Besides, one must proceed against the guilty person by the mode which is explained in cc. 2168-2175.

3. On the same days as the bishop, and by the same reason, the pastor must apply Mass for the people. Cf. n. 87, 6. And, contrary to what had been previously established, one who governs several parishes fulfills his obligation by one application of Mass. Yet if they have distinct patrons of the place, he will have to celebrate once for the people on the feasts of each. This Mass is of itself to be celebrated in the parochial church. To one legitimately absent, the option is permitted of celebrating in another place, or of committing the celebration to the priest who bears his place in the parish.

Finally, for a just cause, the Ordinary of the place can make for the pastor even a habitual faculty of applying Mass on another day than the law requires (c. 466).

4. The pastor must accurately prepare, write, and preserve the parochial books and the book concerning the state of souls. Therefore let him have an archive in which, with other documents, they may be kept and be able to be visited at the opportune time (c. 470). And the prescribed annotations of law are to be made diligently (c. 470, §2). General negligence, for example of noting marriages and sacred ordinations in the book of the baptized, can easily, on account of harms to be feared, affect one with the guilt of grave sin.

— I. Parochial Vicars, since they bear the actual care of a parish, have the same obligations as pastors properly so called, even that of saying Mass for the people.

— II. Quasi-pastors must apply Mass for the people only on those same days on which Apostolic Vicars or Prefects must.

Invested with a function similar to that of pastors, they are held by similar offices.

— From accepted legitimate election, the Supreme Pontiff obtains the fullest jurisdiction and the fullest use of the power of order, if he is a bishop, or from when he is consecrated bishop.

His power is at once supreme and immediate over all and individual churches and baptized persons. Outside constituted dioceses and parishes, the whole care of missions among non-Catholics is reserved solely to the Apostolic See.

To the Apostolic See are reserved causes of greater moment, which thence are called major causes. For the rest, cf. Treatise I and the canonists.

On Bishops and Ordinaries of Places.

1. From divine institution itself, particular churches are to be governed, under the authority of the Roman Pontiff, with ordinary power by bishops, who are successors of the Apostles.

Yet there are titular bishops, who govern no church, although they too have the fullness of the priesthood.

1. Things Common to All Bishops. Called to a Council, they enjoy, with an express exception for titulars saved, a deliberative voice; they are ordinary ministers of sacred ordination; they validly perform consecrations, and several blessings are reserved to them; in chapter, whether they were dignitaries or merely canons, they precede canons and dignitaries of the presbyteral order; and from received authentic notice of canonical provision, they participate in several privileges of Cardinals: for example, of choosing for themselves and their household a confessor; of blessing, with indulgences, rosaries, medals, etc., and of imposing scapulars; of blessing images of the crucified for the way of the cross and erecting the way of the cross; the privilege of a portable altar, and of celebrating everywhere Mass of their own calendar.

All, before canonical institution or provision, besides the profession of faith, must swear fidelity to the Holy See; and those promoted, if not impeded, must receive consecration within three months from received apostolic letters.

2. Things Proper to Diocesans. In their diocese they are ordinary and immediate pastors with legislative, judicial, and coercive power to be exercised according to the norm of the canons. They concede indulgences of fifty days. They have the power of dispensing explained in Treatise I. In all churches of their diocese they can exercise pontificals and erect a throne with baldachin.

But they must: a. take possession of the diocese, the apostolic letters having been shown to the chapter; b. provide for ecclesiastical discipline; c. preach, and, under grave obligation, at least provide for the people concerning suitable instruction; d. reside in the diocese; e. by an obligation which is at once personal, real, and to be executed on fixed days for urging the obligation, apply Mass for the people on all Sundays and feasts of precept even suppressed ones; f. make a quinquennial report to the Supreme Pontiff concerning the state of the diocese; g. and in the same year visit the sacred thresholds. To bishops outside Europe it is permitted that they seek the City only every ten years; h. by themselves or, if impeded, through another, visit part of the diocese every year, so that at least every five years the whole has been visited.

II. Quasi-bishops are: 1. an Abbot or Prelate nullius, of a diocese, who, if he has at least three parishes under him, is to be equated with a bishop, with sacred ordinations and the blessing of sacred oils excepted, if he lacks episcopal character.

2. An Apostolic Administrator, who, on account of grave and special causes, is placed over a diocese not his own, in perpetuity, as it were a residential bishop, or for a time, as it were a Capitular Vicar.

3. An Apostolic Vicar and Prefect, who, for the Supreme Pontiff, govern territories not yet erected into dioceses. As to ordinary power, they are assimilated to bishops, or, if they lack episcopal character, to Prelates nullius, with the consecration of a church and an immovable altar excepted. Besides, they are furnished with ample faculties. They have the obligations of bishops, yet with the obligation of visiting the sacred thresholds and celebrating for the people moderated. Unless they have received a coadjutor with future succession, they must name a pro-vicar or pro-prefect, who, when they are lacking, assume the whole governance.

III. A Vicar General, endowed with vicarious power, by the nomination itself has every power which by ordinary law belongs to the bishop, except those things which the bishop has reserved to himself, or which, from law, require a special mandate; and, with express exception saved, he can execute rescripts sent to the bishop, and he participates in the habitual faculties of the bishop.

He is freely constituted and removed by the bishop. Several can be constituted according to the necessity of the diocese.

IV. When the see is vacant, all ordinary power of the bishop or quasi-bishop passes to the cathedral chapter, which must transfer all the same, within eight days, to a Capitular Vicar. The principle must then be observed: "When the see is vacant, let nothing be innovated."

When the Apostolic Vicar or Prefect is lacking, the governance is assumed by a coadjutor with future succession, if one is present, or by a pro-vicar or pro-prefect, or by the senior in the mission.

V. The Metropolitan presides over an ecclesiastical province which is constituted of various joined dioceses. The other dioceses are suffragan; yet certain ones are immediately subject to the Holy See.

In his own diocese the Metropolitan has the rights and offices of a bishop. He is judge of appeal from the sentences of suffragans; but he himself, once for all, must choose, with the Holy See approving, the suffragan Ordinary to whom appeal is made from the sentences of his tribunal. He himself presides over the provincial Council. The insignia of archiepiscopal power is the pallium.

VI. In the Western Church, Patriarchs and Primates are distinguished only by precedence and honor.

On Canons and Diocesan Consultors.

1. Canons are selected clerics who, in a definite church, cathedral or collegiate, form a college deputed to celebrating sacred offices. They are titular, who have a voice in chapter, and honorary. Among titulars there are dignitaries, who precede, and officials, who have a certain function to fulfill, chiefly: theologians, penitentiaries, and, when habitual care of souls is in the hands of the chapter, curates.

Canonries are conferred by the bishop, the chapter having been heard, with dignities excepted: these are reserved to the Holy See.

Titular canons and beneficed persons must reside in the place of the church, so that they fulfill their offices. Those absent from choir, with certain ones excepted who are judged present, do not perceive the daily distributions; those absent beyond three months, continuous or interpolated, do not make the fruits of the prebend their own pro rata.

2. Chapters are distinguished as cathedral and collegiate, regular and secular, exempt and not exempt.

All have capitular meetings and statutes to be observed. The cathedral chapter is, while the see is full, the senate which the bishop must consult in affairs of greater moment; indeed whose consent is necessary to him for certain alienations. When the see is vacant, it governs the diocese until it has named a Capitular Vicar. When the see is impeded, the administration first belongs to the Vicar General or to the one delegated by the bishop.

II. In dioceses which lack a cathedral chapter, the bishop must constitute a group of consultors which, as the senate of the bishop, supplies the place of the chapter.

On Pastors, Quasi-Pastors, and Vicars.

I. "A pastor is a priest or moral person to whom a parish has been conferred in title, with the care of souls to be exercised under the authority of the Ordinary of the place" (c. 451). If he is a moral person, such as a monastery or chapter, he must hand over actual care to a vicar.

Besides diligent care of souls, the pastor must reside near his church, so that he always provides for the safety of the faithful, and is not permitted to be absent, of himself, beyond two months in individual years. One illegitimately absent must hand over the fruits, as penalty, to the Ordinary. In the same way as the bishop, by the same reason, the pastor must apply Mass for the people and prepare and preserve parochial books.

As to rights, certain functions are reserved to him. Besides those which, since they regard the sacraments, will be handed down below, these are: just funeral rites of parishioners, blessing of houses on Holy Saturday or on the customary day, blessing of the baptismal font, solemn blessing, and public procession outside the church. He can perceive the prestations which legitimate custom or taxation attributes to him. Demanding more, he is held to restitution.

The pastor, to whom diligent care of the sick is commended, indeed every priest assisting the sick, can concede to them the apostolic blessing in the article of death (c. 468).

II. Quasi-pastors govern quasi-parishes, or distinct territorial parts of an apostolic vicariate or prefecture. Like Apostolic Vicars or Prefects, they must apply Mass for the people. Parochial vicars bearing actual care for a moral person have Mass for the people to be applied on the same days as pastors.

III. Cooperating vicars are not quasi-pastors; but furnished with a general delegation of various breadth, they help the pastor.

N.B. - There are separate churches which are committed to a rector whom the Ordinary of the place names or at least approves, and, for a just cause, removes.

IV. A vicar forane, or dean or archpriest, with a function chiefly of vigilance and inspection, is placed by the Ordinary of the place over a district consisting of several parishes.

I. Importance of the question. - To hear confessions of priests is a work of highest importance, which must be fulfilled with great discretion and prudent zeal, both on account of their dignity and on account of the great influence which they were born to exercise. For just as their holy life contributes to forming the morals of the people, so their evil examples or neglected duties contribute to the corruption of the people. For they must preside over others in virtue and not cease to feed the sheep of Christ with doctrine, prayer and example, and the sacraments. Hence the confessor must take pains to retain them in the fervor of priestly life, and to preserve them from tepidity or relaxation.¹

¹ On this argument St. Alphonsus, Homo apost., app. IV, section 1, n. 9; Praxis Conf., nn. 49-52, 183, 196 sq.; Aertnijs, Th. P., nn. 153-162 and n. 42; Reuter, Neo-Conf., n. 154.

II. Manner of conducting oneself with priests. - The confessor, in receiving the confessions of priests:

1. Let him conduct himself altogether reverently.

2. If they are upright, since they know moral theology, there is generally no need to question them concerning the species and number of sins, unless their confession is manifestly insufficient or they are of neglected conscience; in doubt concerning the gravity of fault, it can be asked of them whether they thought themselves to sin gravely.

3. The exhortation is not to be omitted, but let it be brief and modest, and made indirectly, saying for example: "we priests."

4. Let him proceed firmly in making corrections if they should be necessary, and let him be constant in denying absolution if it should be fitting, for example if some were recidivists or occasionaries without amendment.

5. Nor let him be disturbed if at times he hears many sins. Priests live in the midst of solicitations, and it would be a wonder if, among so many priests, some did not sometimes fall, at least secretly.

III. Admonitions to be furnished to priests. - The confessor can persuade priests before other things:

1. That they apprehend well the dignity of their vocation and its obligations.

2. That they devote themselves wholly to the sheep and try to profit them by prayers, example, and ministry; especially that they have special care for the sick, the poor, and children.

3. That with the greatest zeal they avoid four vices which are most unbecoming to a cleric and more dangerous to him, namely idleness, lust, drunkenness, and avarice.

IV. Means opportunely to be inculcated. - To lead a truly priestly life, there contributes much, first of all, the firm purpose of such a holy life; if this purpose is lacking, life will be unstable, fruitless, and full of dangers; but if it stands, there will arise cheerfulness in discharging ecclesiastical duties, delight in the exercise of virtues, strength against rushing temptations, and perseverance in all these things.

For putting the purpose into execution and standing firm in it, the following are especially powerful:

1. Zeal for prayer, both mental meditation and consideration of divine things ordered to pious affections: without mental prayer, says St. Alphonsus,² a priest will most difficultly be good, since there will be lacking light in the mind for understanding supernatural truths and the warmth of fervor in the will by which he may be moved to live holily; and also prayer strictly so called and vocal prayer, necessary so that he may obtain graces for himself and for his ministry, and others may understand this necessity of praying.

² Praxis Conf., n. 183.

2. The divine office, than which, among prayers to be poured forth, nothing is more excellent and salutary after the Most Holy Sacrifice of the Mass. And indeed, in it the priest uses words inspired by the Holy Spirit in Scripture or composed by the Church of God, joins himself to the heavenly court, continues the work of Christ, performs the work of the whole Church whose legation he bears, by his praises repairs sins, elicits acts of the theological virtues, and implores divine help for himself and the whole human race.

3. The Sacrifice of the Mass, which is the center of our religion, to which all ceremonies and prayers of the Church are ordered, and to which the priest ought to refer every care. Let him avoid a threefold abuse: celebrating in an incongruous manner, namely too slowly or too hastily, which contains irreverence; celebrating from mere custom, without preparation and thanksgiving, with tepidity and coldness; celebrating with consciousness of mortal sin, so that, as the Apostle says, he is guilty of the Body and Blood of the Lord.

4. Frequent confession, every week or fortnight, necessary for greater purity and for safer direction. Let every priest have a confessor in whom he places full confidence, and to whom he perfectly lays open his conscience.

5. Love of study, according to that saying, I Tim. IV, 13, 16: "Attend to reading, exhortation and doctrine... Attend to thyself and to doctrine; be earnest in them. For doing this, thou shalt save both thyself and those who hear thee." Hence all priests ought to take pains that for several days in the week, indeed daily, they devote some time to the study of sacred doctrine, chiefly dogmatic and moral theology, as is required for their own salvation and that of neighbor. For they must propose doctrine to the people, explain the sacraments, inculcate the precepts to all and proper duties to individuals, and judge concerning cases of conscience. Nor let them pretend that all time for study is lacking to them: for how much time is worn away uselessly!

6. Spiritual exercises held every year, for exploring the state of conscience more diligently and ordering the state of the soul, for healing languor and stirring up fervor, in solitude and perfect separation from every business, so that the priest may be able to be wholly for God, to meditate on eternal truths, to pray in secret, and to hear the voice of God.

V. The principal obligations proper to priests are usually numbered as:

1. To lead a holy and perfect life, in imitation of Christ, whose ministers they are on earth.

2. To recite the divine office daily.

3. Also to observe continence, if they belong to the Latin Church.

4. To celebrate the Sacrifice of the Mass at least several times in the year: thus by reason of the priesthood; for they can be bound more often by reason of a special office, benefice, or stipend.

5. To exercise the sacred ministry and administer the sacraments, if necessity is present or a special office falls upon them.

6. To abstain from those things which are unbecoming to their state, as from worldly spectacles, dances and pageants, business and trade, games of chance, etc. (can. 138-142).

7. To expend revenues superfluous from ecclesiastical goods for the poor and for pious causes (can. 1473).

VI. A priest is to be questioned concerning his obligations if he seems to be of neglected conscience:³

³ St. Alphonsus, Praxis Conf., n. 49 sq.; Aertnijs, Th. P., n. 42.

A. A simple priest: whether he has recited the canonical hours, whether he has satisfied Mass burdens or has deferred celebrating these for a long time, whether he does not finish Mass too hastily, whether he has observed ecclesiastical law as to business transactions, games of chance, or speculations, worldly affairs which are unbecoming, whether in a case of necessity he has not refused to exercise the sacred ministry, whether he has lived piously and ordered his time well.

B. A confessor: whether he has acquired the knowledge necessary for hearing confessions, whether he has given sufficient labor to study and whether he continues to study, whether he has absolved those who remained in a proximate occasion of sin, or were recidivists and brought no extraordinary signs of their disposition, whether he administers the sacrament of Penance with great care, and is neither more rigorous nor more benign toward penitents. But if he confesses a grave sin against chastity committed with another person, let him be questioned whether it was with his own penitent, whether he heard the confession of the accomplice and absolved from that sin, whether perhaps he solicited a penitent.

C. A pastor: whether, as far as he can, he corrects the vices of subjects, especially of those who provide public scandal; whether he watches that all fulfill the paschal precept and has admonished those who have neglected it; whether he has administered the sacraments in danger of death, or when he himself was requested; whether he has furnished due assistance to the dying; whether on Sundays he has held sermons; whether he has instructed the people concerning Christian doctrine, especially the ignorant concerning the mysteries of faith and the means to salvation, and those about to marry on the occasion of future marriage, but midwives and physicians concerning the right manner of baptizing in a case of necessity; whether he has rightly instructed children in the catechesis of Christian doctrine and prepared them for holy communion at the age when they can already be suitable; whether he has given good example and avoided everything which could scandalize the sheep; whether he has also promoted the faithful to piety and devotion; whether he has celebrated Mass for the flock and bestowed the alms due.

VII. Observation. - Since a pastor and other priests upon whom the ministry of souls rests must always be ready for administering the sacraments, they must always be in the state of grace, lest they minister sacrilegiously.

§1. According to the norm of can. 156 a parish priest is to have only one parish by title, unless there is question of parishes united equally as principal.

§2. In the same parish there must be only one parish priest who bears the actual care of souls, contrary custom being reprobated and any contrary privilege revoked (Can. 460).¹

A parish priest obtains the care of souls from the moment of possession taken according to the norm of can. 1443-1445; and before possession, or in the very act of taking possession, he must make the profession of faith of which in can. 1406, §1, n. 7 (Can. 461).

The functions reserved to the parish priest are, unless the law provides otherwise:

1st. To confer baptism solemnly;

2nd. To carry the Most Holy Eucharist publicly to the sick in his own parish;

3rd. To carry the Most Holy Eucharist publicly or privately as Viaticum to the sick, and to strengthen those placed in danger of death with extreme unction, with the prescription of can. 397, n. 3, 514, 848, §2, 938, §2 being safe;

4th. To announce sacred ordinations and marriages to be entered; to assist at marriages; to impart the nuptial blessing;

5th. To perform lawful funerals according to the norm of can. 1216;

6th. To bless houses according to the norm of the liturgical books on Holy Saturday, or on another day according to the custom of places;

7th. To bless the baptismal font on Holy Saturday, to lead a public procession outside the church, to impart blessings outside the church with pomp and solemnity, unless there is question of a capitular church and the Chapter performs these functions (Can. 462).

§1. The parish priest has a right to the offerings which either approved custom or legitimate taxation assigns to him according to the norm of can. 1507, §1.

§2. If he demands greater ones, he is held to restitution.

§3. Although some parochial office has been fulfilled by another, nevertheless the offerings fall to the parish priest, unless the contrary will of those offering is certainly established concerning the sum which exceeds the tax.

§4. Let the parish priest not deny gratuitous ministry to those who are not able to pay (Can. 463).

§1. The parish priest is held by office to exercise the care of souls toward all his parishioners who are not legitimately exempt.

§2. The Bishop can, for a just and grave cause, withdraw from the care of the parish priest religious families and pious houses which are in the territory of the parish and are not exempt by law (Can. 464).

¹ Cf. Addenda, p. 1106, n. 48.

As Regards Residence. §1. The parish priest is held by the obligation of residing in the parish house near his church; nevertheless the local Ordinary can for a just cause permit him to dwell elsewhere, provided that the house is not so distant from the parish church that the discharge of parochial duties suffers any detriment from this.

§2. He is permitted to be absent for two months at most within the year, whether continuous or interrupted, unless a grave cause, in the judgment of the Ordinary himself, either requires a longer absence or permits only a shorter one.

§3. The days on which the parish priest attends to pious exercises according to the norm of can. 126 are not counted, once in the year, among the two months of vacation of which in §2.

§4. Whether the time of vacation is continuous or interrupted, when the absence is going to last beyond a week, the parish priest, besides a legitimate cause, must have the written permission of the Ordinary and must leave in his place a substitute vicar to be approved by the same Ordinary; but if the parish priest is a religious, he needs moreover the consent of the Superior, and the substitute must be approved both by the Ordinary and by the Superior.

§5. If the parish priest is compelled to depart from a sudden and grave cause and to be absent beyond a week, let him as soon as possible inform the Ordinary by letter, indicating to him the cause of the departure and the priest supplying, and let him stand by his commands.

§6. Even for the time of a shorter absence the parish priest must provide for the necessities of the faithful, especially if particular circumstances of things demand this (Can. 465).

As Regards Preaching. On Sundays and the other feasts of precept through the year, it is the proper office of each parish priest to announce the word of God to the people in the customary homily, especially within the Mass at which the greater attendance of the people is accustomed to be. The parish priest cannot satisfy this obligation habitually through another, unless the Ordinary approves; he can also permit that on more solemn feasts, or from a just cause, the sermon be omitted on Sundays. Cf. Can. 1344.

Note. Moreover, it is to be desired that in Masses, on feast days of precept, when the people are present, in all churches and public oratories a brief explanation of the Gospel or catechesis be given. But if the local Ordinary has prescribed this, with suitable instructions having been given, all of both clergy, even exempt, are held by this law. Cf. Can. 1345.

It is the proper and most grave office, especially of pastors of souls, to care for the catechetical instruction of the Christian people (Can. 1329).

The parish priest must:

1st. At stated times, by instruction continued through several days, prepare children each year for rightly receiving the sacraments of penance and confirmation;

2nd. With altogether special zeal, especially, if nothing prevents, during the time of Lent, so instruct children that they may first taste the Holy Things from the altar in a holy manner (Can. 1330).

Besides the instruction of children of which in can. 1330, the parish priest should not omit cultivating more richly and more perfectly in the catechism children who have recently received first communion (Can. 1331).

On Sundays and other feasts of precept, at that hour which in his judgment is more suitable for the attendance of the people, the parish priest must moreover explain the catechism to the adult faithful, in language accommodated to their grasp (Can. 1332).

In the religious instruction of children he can, and if he is legitimately impeded he must, employ the labor of clerics dwelling in his territory, or, if there is need, of pious laypeople, especially those enrolled in the confraternity of Christian doctrine or another erected in the parish. Cf. Can. 1333, §1. Priests and clerics dwelling in the territory of the parish priest should themselves be helpers in this work. Ibid., §2. But if there is need, in the judgment of the local Ordinary, of the help of religious, their Superiors, even exempt ones, when required by the Ordinary, are held, either through themselves or through subjects, yet without detriment to discipline, to hand on catechesis especially in their own churches. Cf. Can. 1334.

As Regards the Administration of the Sacraments. §1. The parish priest must celebrate the divine offices, administer the Sacraments to the faithful as often as they legitimately ask, know his sheep and prudently correct those wandering, embrace the poor and the wretched with paternal charity, and apply the greatest care in the Catholic instruction of children.

§2. The faithful are to be admonished that frequently, where this can conveniently be done, they approach their parish churches and there be present at the divine offices and hear the word of God (Can. 467).

§1. With diligent care and poured-out charity the parish priest must assist the sick in his parish, but especially those near death, by diligently refreshing them with the Sacraments and commending their souls to God.¹

§2. To the parish priest, or to another priest who assists the sick, there belongs the faculty of granting them the apostolic blessing with plenary indulgence at the article of death, according to the form handed down by approved liturgical books; let him not omit to impart this blessing (Can. 468).

¹ Cf. Addenda, p. 1141, n. 106.

As Regards Parochial Books. §1. Let the parish priest have parochial books, that is, the book of those baptized, of those confirmed, of marriages, of the dead; let him also care according to his powers accurately to compose the book concerning the state of souls; and let him write all these books according to the usage approved by the Church or prescribed by his own Ordinary, and diligently preserve them.

§2. In the book of those baptized let it also be noted if the baptized person has received confirmation, has contracted marriage, with the prescription of can. 1107 being safe, or has received the sacred order of subdiaconate, or has emitted solemn profession; and those notations are always to be referred into documents of received baptism.

§3. At the end of each year let the parish priest transmit to the episcopal Curia an authentic copy of the parochial books, except the book concerning the state of souls.

§4. Let him use a parochial seal and have a record office, or archive, in which the aforesaid books are kept together with the letters of Bishops and other documents to be preserved because of necessity or utility; all of which, to be inspected by the Ordinary or his delegate at the time of visitation or another suitable time, he is religiously to take care lest they come into the hands of outsiders (Can. 470).

Cooperating Vicar. §1. If the parish priest, because of the multitude of the people or other causes, cannot, in the judgment of the Ordinary, manage the fitting care of the parish alone, there is to be given to him one or more cooperating vicars, to whom suitable remuneration is assigned.

§2. Cooperating vicars can be constituted either for the whole parish or for a determinate part of the parish.

§3. Not to the parish priest, but to the local Ordinary, after the parish priest has been heard, belongs the right of naming cooperating vicars from the secular clergy.

§4. Religious cooperating vicars are presented to the Ordinary by the Superior to whom this belongs from the constitutions, after the parish priest has been heard; it belongs to the Ordinary to approve them.

§5. The cooperating vicar is held by the obligation of residing in the parish according to diocesan statutes or laudable customs or the prescription of the Bishop; indeed the Ordinary should prudently take care, according to the norm of can. 134, that he dwell in the same parish house.

§6. His rights and obligations are to be taken from the diocesan statutes, from the letters of the Ordinary, and from the commission of the parish priest himself; but unless something else is expressly provided, he himself by reason of office must supply the place of the parish priest and assist him in the whole parochial ministry, except the application of the Mass for the people.

§7. He is subject to the parish priest, who is to instruct him paternally and direct him in the care of souls, watch over him, and at least yearly report concerning him to the Ordinary (Can. 476).

Let the parish priest diligently watch lest anything contrary to faith and morals be handed on in his parish, especially in public and private schools, and let him foster or institute works of charity, faith, and piety (Can. 469).

I ASSERT fourth, that it is necessary also that select persons be deputed to sermons. It is of faith from the Council of Constance sess. 8., and this is decreed in the Council of Trent sess. 24. cap. 4. de reformatione, that no one preach without the approbation of the Bishop. Leo the Great epist. 60. and 61. took care that no one preach besides priests. Hence D. Hieron. epist. 2. ad Nepotianum, in D. Bonavent. lib. 1. Phar. cap. 15.: The mouth of the priest of Christ concur with his mind; and in the Lateran Council under Innocent III. can. 3. and in the 6th General Synod can. 64. Laics usurping that office are excommunicated. These things the Saintly Doctor indicates in the place to be cited in the questions.

HENCE D. Ambrose lib. de Virginibus, in D. Bonavent. in Phar. lib. 1. cap. 14.: He who teaches ought to excel him who is taught.

AND D. Jerome in Mich. lib. 2. cap. 2.: If we are in the place, and order of the Apostles, let us not only imitate their speech, but also their conversation, in D. Bonavent. lib. cit. Phar. cap. 15.

It is proved second from D. Bonavent. in quaest. ad regulam, quaest. 2., for Christ did not send all indifferently to preach, but some, to whom he imparted the gifts of wisdom, knowledge, and tongues. Therefore also to live from the Gospel is conceded to those elected for this office; the argument is had 1 Cor. 9. and 2. Tim. 3.; because all are not apt to expound the scriptures, and to hand on the Divine precepts; Therefore Holy mother Church, from whom is every spiritual law, the canons, etc., decreed that some learned, and apt men be destined for this office, as I showed above. The same he indicates in the Apologetic Little Book, against those who oppose the Order of the Friars Minor, quaest. 2.

It is confirmed from D. Bonav. quaest. 4. ad 9. Lucae; for God of old chose some for sermons, as Moses, and Jeremias, who even refused it as insufficient: but God willed to make them fit by His gifts.

THEREFORE he complains Jerem. 23.: They ran, when I had not sent them, namely to preach, and Paul Rom. 10.: How shall they preach, unless they be sent? and Christ Ioan. 7.: I came not of myself, but he sent me. These things the Saintly Doctor, which the others adduce to prove this, especially Alphonsus de Castro summa de haeres. v. Praedicatio, Valentia disp. 10. quaest. 1. puncto 3., and among all the same D. Bonavent. ad 9. Lucae, whence he observes that Isaias dared not preach unless sent: Behold me, send me, cap. 6.

THE office of preaching is deservedly regarded as the nobler and more arduous, the more that Nature and Grace as it were vie in contributing their gifts to its fulfillment; whence although many daily clamor in the pulpits under the guise of preachers, very few discharge that office as is fitting; because it is rarest of all that nature agrees with grace in all things.

ALTHOUGH many conditions on the part of body and soul, as has already been indicated, are required for this noble function, they can nevertheless be reduced to Authority and Sufficiency.

The reason of Authority is gathered from D. Bonaventure in the place cited, and was proved above disp. 1. quaest. 1. num. 27. and it is evident from Jerem. 23. they ran, but I did not send them, Tim. 3. How shall they preach, unless they be sent, Haebr. 5. Nor does any man take the honor to himself, but he who is called by God, as Aaron was: whence Christ, in whom is the supreme power, says of himself: For I did not come of myself, but he sent me, clearly. Hence Isaias was unwilling to go of himself, but said: Behold me, send me, and the Lord answered go, and you shall say to this people, etc. Behold the authority of one sent.

The SIGNS of a true mission from God are indicated by the Saintly Doctor on cap. 9. of Luke. The first is, if the preacher obtains authority from a Pontiff, and especially from the Supreme Pontiff, who holds the place of Christ on earth. The second is, if he has a true zeal for his own and others' salvation, not seeking his own things, according to that of 1. Cor. 4. For we do not preach ourselves. The third is, if the hearers of the sermon show fruit in their works, as is said of the Apostles, who were sent and interpreted, Ioan. 15. I have placed you, that you may go, and bring forth fruit.

HENCE the Seraphic Father St. Francis, in cap. 9. of the rule, which is wholly about Preachers, thus begins: Let the Brothers not preach in the diocese of any Bishop when it has been forbidden them by him. He speaks negatively, has been forbidden, as St. Bonaventure observes, because since the power of preaching does not derive its efficacy from the grant of Jurisdiction, as does the power of receiving confessions, an express declaration of that authority is not required by the rule, but a reasonable presumption suffices, especially if such be the preachers as rest upon the approbation of the institution of the Apostolic See, as the Saintly Doctor says in the same place. Besides this authority of the Pontiff, there is required for religious that they be authorized by their own Prelates; so it was enacted in the said cap. 9. of the rule, where it is thus written after the aforesaid words: And let no brother at all dare to preach to the people unless he has been examined and approved by the General minister of this fraternity, and the office of preaching has been granted to him by him.

This differs not much from the Decree of the Council of Trent, sess. 5. cap. 2. except that it demands an express license of the Bishop; for it thus runs: Religious of whatever order, unless they have been examined and approved by their superiors as to life, morals, and learning, cannot preach even in the churches of their own orders without their license; with which license they are bound to present themselves personally before the Bishops and ask their blessing before they begin to preach; In churches, however, which are not of their orders, they are bound to have, beyond the license of their superiors, also the license of the Bishop, without which they can by no means preach in those churches not of their orders; and the Bishop is to grant that license gratis: And since custom, which has prevailed for a long time now, is the best interpreter of a decree, one must abide by it in the individual dioceses; for in many places the Most Reverend Bishops are accustomed, out of the affection they bear toward Religious, to delegate their vicissitudes in this matter to those Religious' own Prelates; elsewhere for the principal seasons of the year a personal presentation according to the tenor of the council is required, as when one is to preach in the time of Advent or Lent; since indeed the Council so ordained in favor of the Bishops, they can, as they prudently judge, leave the whole matter committed to the zeal and discretion of the Religious Prelates, as is customary in many places; in other places, however, one must abide by the letter of the Council, as is observed by custom there.

But where the Bishop's license has once been had, if the Parish Priests object, St. Bonaventure warns on the said cap. 9. that malice should rather be borne than scandal caused; Yet if from ceasing a graver evil is feared, as that the Parish Priest oppose himself in order to sow heresy or cockle himself, then the Episcopal Authority is to be used, that the greater evil may be averted; and even the lesser, which can be a scandal to some, is to be prudently forestalled as far as possible.

But if any religious preaches without the requisite blessing of the Bishop, or while he himself objects, beyond sinning against his rule, if he be a Minorite he can further be punished by the Bishop himself according to the Constitution of Gregory XV. issued in the Bull Inscrutabili 9. Febr. 1622. the tenor of which is had thus: and finally let the Bishop have the authority of coercing and punishing any exempt persons, both secular and Religious, who in alien churches which are not of their orders without the Bishop's license, or in their own churches, or those of their orders, without asking his blessing, or while he himself objects, have presumed to preach, etc. so also reports Bonagratia V. praedicatores, num. 374.

As to the Authority of one's own Prelate, which the Friars Minors are bound to have by prior examination before they preach; although the Rule specifies that it is to be given by the general minister alone according to the letter; yet since that was provided so that dangers might be forestalled, the rule is not violated while the license of examining and approving is granted to others; for as Bishops take care that those to be ordained be examined by others, and the presidents of Universities are accustomed to depute others to examine those whom they are going to endow with the insignia of the Doctorate; so the General minister can by others examine and approve those whom he is going to elect to the office of preaching, although the rule has: Unless he has been examined by the general minister of this fraternity. He himself, however, is bound to bestow the authority. So D. Bonaventure loco cit. and if of the sufficiency of him who is to be promoted to the grade of preacher there is no doubt at all, a prior examination is not necessary; but it suffices that the account of his sufficiency be made known to the General, and he himself can send letters as preacher; so the Saintly Doctor cit.

These things said concerning the granting of Authority may suffice: Truly concerning its removal, or suspension, certain things are to be noted.

First, the Lateran Council under Leo X. suspends those who preach false and uncertain miracles; as also prophecies lightly founded in sacred scripture, or in no way approved by the Apostolic See; unless the Ordinaries of the places, with three or four more learned men deputed for their examination, have permitted it, while they have not had the opportunity of consulting the aforesaid See.

Second, the Council of Trent sess. 5. cap. 2. de reform. after D. Bonaventure's exposition on the Psalt. upon those words of Psalm. 49. But to the sinner God said: Why do you declare, etc. assigns three cases in which preaching is prohibited, and suspension even of Religious can be inflicted by the Bishop, as legate of the Apostolic See; yet it is not incurred ipso facto.

The first case is, if erroneous propositions are preached; but what Doctors understand by an erroneous proposition I said in this Tome above, where I treated of heresy.

The second case is, if scandalous propositions are preached, to which the Saintly Doctor reduces loco cit. the notorious crime of the preacher himself; for this is wont to give birth to no small scandal, for it is shameful if the voice bite the life, and there be indeed the voice of Jacob, but the hands of Esau, as the Saintly Doctor says here ex 27. Genes.

The third case is, if the propositions that are preached be heretical.

To these are added the prohibitions made by Alexander VII. 3. Decemb. 1661. in the Bull which begins: Sollicitudo omnium, where various statutes of Paul V. Sixtus IV. and Pius V. concerning the same are renewed, that no one in a sermon to the people or other public acts may defend the opinion of D. Thomas concerning the conception of the Most Blessed Virgin, by not asserting her to be immaculate; others also are prohibited who preach the opinion of D. Thomas to be sinful or heretical, see Bonagratia cit. num. 380.

As to the sufficiency required for the office of preacher, the Saintly Doctor places it on the part of the soul in solid learning and a clean conscience, thus he has in the exposition on Psalm. 158. upon those words: let my supplication draw near.

That he may acquire a clean conscience, he ought first to attend to his own salvation before the edification of others, in the example of Elias, who first went into the desert, and came to the mount of God in Horeb, where he was taught, as the Saintly Doctor says, ad 2. Lucae; afterward he was sent to anoint Kings and Prophets, 3. Reg. 19. so Christ himself first began to do, then to teach.

But concerning the acquisition of learning, St. Bonaventure notes ad cap. 8. sup. prope finem that eight things are very useful to a preacher; namely the knowledge of wisdom through investigation: the commemoration, through frequentation: the declaration, through love: the Operation, through fulfillment; the contestation, through disputation, the communication, through conference; the circumduction, through interrogation; finally the assumption, through incorporation. For by investigating we know: by frequenting we commit the ideas of things to memory: by loving, we delight in the things we learn; by operating, we fulfill them; by disputing, we solve difficulties for ourselves and others; by conferring, we communicate to others what we know; by interrogating, we return by discursive circuits to the same point, and convince others more of the truth; finally we assume knowledge as it were incorporated in gesture and voice, and so persuade others of it more easily.

The sufficiency of the Preacher on the part of the body the Saintly Doctor describes, Apologet. quaest. 4. First, he ought to be of competent age, lest being too much a boy he seem to handle boyish things; which condition is to be held not so much from the series of years as from an honest gravity of countenance and manly composition. Second, he ought to be free of every notable deformity of body and head, for those who are too short, fat, or hunchbacked, are not apt for persuading, but are easily held in contempt; Third, the strength of body is the more necessary for this office, because it is to be carried out strongly and manfully. Fourth, competent eloquence procures a singular grace for preaching, for which many things are necessary on the part of voice and gesture, which are treated of professedly among the Rhetoricians.

Whoever recognizes in himself these conditions, both of body and soul, and of learning and conscience, there remains that for the utility of the people he pour forth the Word of God in a threefold manner, that I may speak with D. Bonaventure on those words of Psalm 118. in labiis meis pronunciavi, etc. Namely wisely, eloquently, and confidently: Wisely, that he teach; eloquently, that he please; confidently, that he move: for preaching foolishly, confusedly, and timidly, he neither teaches, nor pleases, nor moves.

Then the Saintly Doctor admonishes, in cap. 6. Lucae, that the Preacher teach useful things, not subtle ones; that he be also free from ostentation in sign, from ambition in mind; from flattery in word, and from respect of persons in deed.

But on those words of the same cap. 6. And he taught the multitudes, the Seraphic Doctor exhibits the form of Apostolic preaching, while he teaches that a good Preacher ought now to stand, now to sit; now to see, presently to ascend; which are to be taken not only corporally, but with a worthier title spiritually; namely that he stand, intending rightly; at times sit, contemplating quietly; see, discerning well; and ascend, acting perfectly; all which the Saintly Doctor concludes with that of Jerem. 6. Stand upon the ways, behold the rectitude of intention, and see, and ask, which be the good way, behold the solicitude of discretion. And walk in it, that is, in the exercise of action¹, and you shall find refreshment for your souls, namely through the repose of contemplation. ¹ N. Editor's note: the print/OCR reads 'pet actionis scilicet exercitium'; rendered as 'per actionis' because 'pet' is not Latin and 'per' is required by the parallel 'per otium contemplationis' later in the same quotation.

¶ Of such a good Preacher the Saintly Doctor weaves much from the Holy Fathers, lib. 1. Phar. cap. 14.

¶ GREGORY, lib. 6. Moral. cap. 17. thus describes the true herald of Christ: He is the more in God's love with God who draws very many to the love of him: The Redeemer of the human race showed miracles by day in the cities; and gave himself to the pursuit of prayer by spending the night in vigil; that he might intimate to perfect preachers, namely, that they should not utterly desert the active life out of love of speculation, nor altogether despise the joys of contemplation through excess of operation, but contemplating in quiet should found what, speaking toward their neighbors, they plant.

¶ JEROME, lib. 1. in Lament. cap. 1. tom. 4. He is the Ecclesiastical Doctor who moves tears, not laughter, who rebukes sinners, who says that no one is blessed, no one is happy.

D. AUGUSTINE de doctrina Christiana, lib. 4. cap. 17. he who strives by speaking to persuade that a thing is good, despises none of these three, namely that he teach, that he delight, and that he bend, but prays and acts, that he be heard intelligently, gladly, obediently.

AMBROSE, lib. 2. de Virg. at the beginning tom. 4. He who teaches ought to excel above him who is taught.

ISIDORE de summo bono, lib. 3. cap. 36. sent. 5. The just preacher ought first to act well, that consequently he may be able to teach well.

¶ BERNARD super Cantica, serm. 16. The threefold cord, which is not easily broken, for drawing souls out of the prison of the devil and drawing them after you to the Celestial Kingdoms: if you judge rightly, if you utter worthily, and if you confirm by living.

SENECA epist. 52. most excellently draws forth the parts of a true preacher thus: Let us choose not those who pour forth great words with celerity, but those who teach by their life; who when they have said what is to be done, prove this very thing by doing what they teach; and after certain words: Choose as Doctor him whom you admire more when you see him than when you hear him.

¶ Nor is it a wonder that Men illustrious in doctrine and sanctity have so exalted this office of preaching as to celebrate it with every praise, and in it to demand most exquisitely whatever is required for the preeminence of human life, namely the sweet symphony of mouth and work: Hence Christ himself, the Apostles themselves, and those saints who are read of as more illustrious in both testaments, were appointed to preach; and truly he is a heavenly man who, announcing heaven to others, expresses it in himself as it were; whence the Seraphic Doctor, on those words of Psal. 17. he bowed the Heavens, and descended, compares Preachers to clouds, because doubtless clinging continually to the heavens, they ought to thunder with threatenings, flash with miracles, and rain down doctrines.

On the other hand, since it is most shameful that a Preacher of Christ signify one thing with his mouth and another with his work, D. Bonaventure in the said lib. Pharetra, cap. 15. darts the most acute sentences of the Fathers against such a one, as it were chosen arrows.

¶ GREGORY super Ezechiel, hom. 18. of such a Preacher writes thus: It is most shameful for us there to fall by neglect, whence by preaching we have tried to raise others up; and super, lib. 4. Reg. ind. 12. cap. 76. what we preach with the tongue we destroy by examples: while with works we teach iniquity, and mere votes we put forward as things that are just. We wear away our bones with fastings, and swell in mind: we cover the body with despised garments, and surpass purple in elation of heart; we lie in ashes, and receive lofty things, Doctors of humility, leaders of pride.

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.

Titius and Caius, each a missionary in England, converse about the duties of a priest upon whom the care of souls devolves. Titius says that it belongs to such a priest, by the law of residence, to remain at home and there await the parishioners, who may come to him if they wish. Accordingly, on Sunday indeed the priest will not lack external labor; on the other days he will very properly devote himself to preparing his sermon with the greatest care and to sacred studies, without ever leaving home except when expressly called to a sick person or to perform some other similar duty, or for the sake of honorable recreation. Caius, on the contrary, says that the best priest is at home only to take necessary food or sleep, and that throughout the rest of the day he ought to visit the parishioners, seek the lost sheep, even those that are outside the fold, and on Sunday, in place of a formal sermon, as it is called, he can well give in familiar discourse the substance of his morning meditation or even read something from some pious author. Since they cannot in any way reconcile such diverse opinions, by mutual consent they approach a theologian to determine the matter according to theological principles and the mind of the Church. They therefore ask:

1. Do the states of parish priest and missionary among us differ, and how?

2. What are the principal obligations of such a missionary?

3. What is to be said of the case?

1. Does the status of parish priests differ from that of missionary priests in England, and how?

Parish priests are canonically instituted to their parishes, from which they can not be removed except for canonical causes and by canonical process. They have ordinary jurisdiction in the internal forum. On the other hand our missionaries are nominated by the bishop whose delegates they are, and they can be more easily removed than can parish priests. With regard to their duties, parish priests and missionaries are on the same footing, except that parish priests are bound on Sundays and holidays of obligation to say Mass for their flocks, which missionaries are not strictly bound to do.¹

1 Manual of Moral Theology, vol. i, p. 626 ff. The decree Maxima Cura, 25 Aug., 1910, must now be consulted.

2. What are the chief duties of a missionary priest?

He is bound to residence, to preach on Sundays and solemn feasts, to catechize, to administer the sacraments to those who reasonably ask for them, to visit his people, and to look after the sick.²

2 Manual of Moral Theology, vol. i, p. 627.

3. The case. Titius and Caius have different notions of the duty of a parish priest and neither of them has quite the right notion. To get at the correct notion according to the mind of the Church, we must join them both together. The parish priest, as Titius maintains, should find some time for study, he should have a fixed time for it every day as far as possible. Of course he can not make a cast-iron rule on the subject, never to be broken; but he should keep the fixed time sacred for study unless a more urgent duty prevents it. During this time he should prepare his sermons and catechisms. On the other hand, there are other duties which the parish priest must not neglect. He must visit his flock, and especially the sick, without waiting to be called; he must seek out those who are straying from the fold, and promote the good of his people in other ways, which zeal and charity will suggest according to the wants of his mission. Caius should raise his standard of what preaching the Gospel demands, and he is altogether wrong in saying that the parish priest satisfies his obligation of preaching by reading a pious book.

Titius, a missionary priest who alone has the care of souls in a certain English town, being somewhat fatigued, decided to spend the last three days of the week at the seaside, since nothing of great importance detained him at home. Returning home on Saturday evening, he found a message that called him to Patrick, who was gravely ill. He knew from experience that such parishioners often call the priest, especially on Saturdays, to settle quarrels between spouses and others; hence he decided to remain at home. On the next day before dinner he received an urgent message from an honorable friend of Patrick that Patrick was placed in most grave danger. Nevertheless, he calmly ate dinner and afterwards set out for the sick man’s house. He found that Patrick was already dead; since, however, the fact of death is difficult to know and he thought that perhaps Patrick was still alive, he absolved him conditionally and returned home anxious. Afterwards, to quiet his conscience, he asks:

1. Do the obligations of parish priests and of our missionaries differ?

2. What is the obligation of residence, and what excuses parish priests from it?

3. To what is a parish priest bound toward sick parishioners, and under what obligation?

4. What is to be said of the case?

1. This question was answered above, p. 44.

2. What is the duty of residence, and what excuses parish priests from the duty?

The first part of this question was answered above, p. 40.

The second part may be answered in the words of the “ Manual of Moral Theology,” (vol. i, p. 631).

“ For some good reason, and the need of relaxation is sufficient, a parish priest may, by the common law, absent himself from his charge for a period of two months every year. The exigencies of modern parish duties rarely permit of so long an absence every year. Parish priests may be absent from their parishes for a longer period than the two months allowed by the common law when it is made necessary by Christian charity, urgent necessity, due obedience, and the evident advantage of Church or State. The approval of the bishop is always required in these cases.”

3. What are the duties of the parish priest toward the sick, and how serious are those duties?

The principal duty of a parish priest toward a parishioner who is in danger of death is to administer to him the last rites of religion. As he is under a grave obligation to administer the sacraments to his parishioners when they ask for them reasonably, the obligation to administer them to one in danger of death when they are specially necessary is still more grave. The priest should not be satisfied with administering the sacraments, but he should repeat his visits, and strive to console and help the sick in their trials and temptations, as the Ritual directs. The Ritual also prescribes that the priest should do what he can to assist the temporal necessities of the sick poor.*

4. The case. Provided that he did not absent himself too often, Titius did not do wrong in going to the seaside for a short holiday inside the week when he felt tired. He should, however, have some arrangement with a neighboring priest so that in his absence an urgent sick-call may be sent on to the nearest priest. Unless Titius had good reason to think that Patrick was one of those who send for the priest without necessity or reason, he should not have neglected to go at once. Better go without necessity many times than miss a real case once. When he got an urgent message next day from a respectable friend of Patrick saying that he was in the greatest danger, Titius should have put off his dinner and gone at once to the sick man. He can not be excused from a grave dereliction of duty in not doing so. On finding Patrick apparently dead he did well to absolve him conditionally, and he might also have administered Extreme Unction conditionally. Apparent death may precede real death for an hour or two, as modern authorities hold.

1 Ritual, De Visit. et Cura Infirmorum.

About this virtue, so necessary in our difficult times, there can not be too much said or written. Needless to say, pastoral prudence consists in the priest’s capability and skill to view circumstances and conditions objectively, and to employ the means at his disposal that in all he does or avoids to do, especially in difficult and delicate cases, he promotes and achieves the aims of his office.

The sentence of Holy Scripture: “The fear of the Lord is the beginning of wisdom” (P. 110, 9) finds full application upon pastoral prudence. It points out one of the fundamental conditions without which there can be no genuine pastoral prudence. For holy fear is interior reverence, pious deference to God and respect of His holy Will, and it leads to conscientiousness, to a blamelessly moral, even perfect, life. Only a morally irreproachable priest can possess pastoral prudence; the more perfect his virtue, the more will his prudence increase. Of the opposite, Holy Writ tells us: “Wisdom will not enter into a malicious soul, nor dwell in a body subject to sins” (Sap. 1, 4). There belongs also to the priest’s moral rectitude continuous study, as the fulfilment of a positive obligation of his state of life.

Where these fundamental conditions prevail, there also will the virtue of prudence find an agreeable abode in man, and will be bestowed if solicited.

The particular foundations of prudence are modesty and humility, its chief obstacles self-satisfaction and conceit. Thou hast hidden these things from the wise and hast revealed them to little ones. The modest and humble man will not jump at his first conclusions as the correct and infallible ones, he will distrust himself and use mature deliberation. Of this deliberation St. BERNARD writes: “A prudent pastor will precede every work of his by a certain threefold consideration. First, whether it is lawful; next, whether it is becoming; finally, whether it is also expedient. For although it is certainly established in Christian philosophy that nothing is becoming unless it is lawful, and nothing is expedient unless it is becoming and lawful, nevertheless it does not immediately follow that everything lawful is becoming or expedient.” The modest and humble man will not content himself, in difficult and delicate cases, with his own deliberation; he will seek, and listen to, the views of others, their opinions and counsels. On this subject St. BONAVENTURE has this to say: (De Sex alis) “It is a great act of wisdom to accept advice readily, and to ask for it modestly. Thereby a superior attains a threefold advantage: he gains, first of all, a greater certainty—if others are of the same opinion—that he does not err; secondly, he is less liable to blame, if he does not succeed in what he has done after listening to the counsel of prudent and righteous men; thirdly, as reward for his humility he will receive a special enlightenment from God in order to avoid unforeseen obstacles and to find appropriate means. Furthermore those whose opinion or advice he has secured will support him, and will defend his course, whether or not it is attended by good results.”

It is not absolutely necessary that he, whose opinion or advice we seek, should be specially distinguished in knowledge and experience. He who is not personally, or only slightly, interested in a matter often sees in it some circumstances that escape the one deeply concerned in the same. It will not be beneath the dignity of a learned and experienced parish priest, in difficult and delicate cases, or when introducing reforms, to ascertain his young curate’s views. This will also tend toward the instruction of the younger priest; at any rate the superior will avoid the dissatisfaction of the curate, and avoid his expressing disapproval to parishioners, if the parish priest makes changes in the pastorate which become known to the curate only as a fait accompli, especially if new duties for the curate are a result of the innovation.

Canon ANTHONY Skocdopole, D.D.

Are all priests bound, even at the risk of their lives, to hear the confessions of the dying, and to administer to them the Holy Viaticum and Extreme Unction?

What is the nature and extent of this obligation?

Answer. We must distinguish between priests who are charged with the cure of souls, and priests who are not so charged. Among the priests who are charged with the cure of souls are to be numbered all bishops, pastors and curates, in regard to those who are immediately subject to their jurisdiction. The bishop who has a diocese, whether he be the ordinary, coadjutor or assistant bishop, is responsible for the salvation of all the souls committed to his care. The pastor of a parish and his assistants are responsible for the salvation of the souls of the parish. A bishop who has no diocese and a priest who has no parish, who have no souls committed to their care for whose salvation they are responsible, are known as sacerdotes simplices; they are not bound in the same degree as pastors of souls, to risk their lives for the salvation of others. Among pastors of souls "must be numbered also, the superiors of religious houses in regard to those under them; the chaplains of convents, hospitals and asylums, in regard to the inmates of such institutions.

Now it can be held as a general principle, that all priests who are charged with the cure of souls, are bound, under pain of mortal sin, to succor all those committed to their care and to administer to them the last Sacraments whenever such souls are in grave need, in gravi necessitate, of the last Sacraments. Priests who are not charged with the cure of souls are not bound to give the last Sacraments to the dying, except the dying be in extreme need, in extrema necessitate, of the Sacraments; that is, unless the priest comes to their assistance, the dying man or woman will surely lose salvation.

The parish priest, therefore, and his assistants are bound, even at the risk of their lives:

1. To hear the confessions of the dying, unless they are sure that the dying man is in the state of grace. Even though the pastor or curate be sure that he himself will die as a result of hearing the dying man's confession, nevertheless he must hear the confession.

2. According to some of the great theologians, for instance, Suarez, Sylvius, etc., a parish priest, or any priest charged with the cure of souls, is bound to risk his life to administer the Holy Viaticum to his subjects, even though they have made their confession and are in the state of grace. Only in case of sure death to the parish priest, or very serious damage to the community at large, would these theologians excuse a priest from administering Holy Viaticum to the dying. (Suarez, III, disp. 44, §3. Sylvius, supp. q. 32, Art. 3.)

Suarez says:

"In this Sacrament there is a certain moral necessity, either because the help given through such a Sacrament is judged morally necessary for persevering in the justice recovered through penance and for overcoming the temptations occurring at that time, or also because it can sometimes confer the first grace which imperfect penance did not previously confer. To these is also added the essential fruit of Viaticum, which is of great importance and is to be preferred to many temporal disadvantages. From all these things taken together and prudently considered, a certain necessity arises which, although it is not extreme, nevertheless seems very grave."

St. Alfonsus calls this view of Suarez, valde gravem. Other theologians, however, deny the weight of the reasons brought forward by Suarez, and maintain that there is no grave obligation to administer Viaticum in articulo mortis at the risk of one's life. St. Alfonsus calls their opinion very probable. In response to the prayers of St. Charles Borromaeo, Archbishop of Milan, Gregory XIII., 1576, declared that the parish priests of Milan and their curates, and others having the cure of souls in that diocese, were not obliged sub gravi to administer to those infected with the plague any other Sacraments than those necessary for salvation, namely, Baptism and Penance.

Fagnani says that this declaration of the Congregation of the Council to St. Charles was never published; but later on, when a decision of St. Antoninus, Archbishop of Florence, 1459, was found, requiring pastors to administer the Sacraments, the question was again submitted to the Holy See. The Holy See, after consulting the Congregation of the Council, decided that no general rule should be made in the matter, but that a letter should be sent to St. Charles, stating that during the plague pastors were obliged, in conscience, to remain at their posts and to administer Baptism and Penance to the parishioners. The Holy See approved of this letter to St. Charles Borromaeo, December 8, 1576.

Pope Benedict XIV. says that it can not be surely established that these letters to St. Charles were ever countersigned in Rome or ever forwarded to St. Charles, since there is no record of them to be found in Rome or Milan, and that therefore no valid argument can be deduced from them.

3. There is no grave obligation for a parish priest to administer Extreme Unction to the dying, if by so doing he should seriously risk his life. The reason is, because Extreme Unction is not necessary for salvation and it is generally given only after the Sacraments of Penance and Viaticum have been administered; that is to say, only after the dying man's salvation has been made morally certain. Fr. Konings, however, well remarks that if the dying man had not been to confession for a long time, and was absolved only conditionally because he is unconscious, there would be a grave obligation in that case to give Extreme Unction, because it might be necessary for salvation, since Extreme Unction, per se, secundaria, gives sanctifying grace to those who have only attrition for their sins, and who can not now make a confession.

We come now to the second question: What obligation have priests, who have no cure of souls, to risk their lives in the administration of the Holy Viaticum and Extreme Unction? They are under no grave obligation to do so. Some have even gone so far as to say that such priests could never be held sub gravi to administer even the Sacrament of Penance, since the dying man can, strictly speaking, help himself, if he be in mortal sin, by making an act of perfect contrition. But it is truer to say that whenever it is likely that the dying man is in mortal sin, and there is no likelihood that, if left to himself, he will make an act of perfect contrition, then the simplex sacerdos, who is not charged with the cure of souls, is bound sub mortali to risk his life to hear the dying man's confession, since the latter is then truly constitutus in extrema necessitate spirituali and we must succor him even at the sacrifice of our life. The same must be said in regard to the administration of Extreme Unction, in cases where the dying are pretty surely in mortal sin and are unable to make any kind of a confession.

As regards the nature of this obligation, in the case of those having the cure of souls, it is an obligation of justice, which they contract ipso facto when they assume the office of parish priest, and obtain their living thereby. The obligation resting on a simplex sacerdos to hear the confession of or anoint the dying, is an obligation of charity, for by charity we are bound to succor our neighbor in great need, especially if the need be in the spiritual order. Both these obligations are of a grave character, binding under pain of mortal sin.

We have treated this question from a standpoint of what is rigorously, sub mortali, required by strict justice or charity. We should blush to think that there were any Catholic priests who would measure their efforts for the salvation of souls by the requirements of strict justice and not by the claims of love that we owe the little ones of Christ.

Sempronius, a parish priest, without assistant was just starting from his house one Sunday to say the parochial Mass, when he received a message asking him to go at once to administer the last Sacraments to a certain Paula, who had been ill for some time and had suddenly had a stroke. The congregation had assembled to hear Mass, and the sick woman's house was so far away that the people would have had to wait a very long time before Sempronius could return, if he went to her before saying Mass. A sick call could not have come at a more inconvenient moment. One fortunate accident seemed to offer him a way out of the difficulty in which his conflicting duties placed him. He had been to see Paula five or six days previously and she had then received Holy Communion ex devotione. Sempronius now thought that this Communion might serve temporarily as her Viaticum, so he said alow Mass in the church and then set out at once to administer the Viaticum, ritu praescripto, to the sick person in danger of death, orat least Extreme Unction, if it was no longer possible for her to receive any other Sacrament. However he was too late; she had died not long before his arrival.

Two questions are asked regarding this occurrence.

(1) Should Sempronius have allowed the Holy Communion that Paula had received five or six days before to be her Viaticum?

(2) Was he right under the given circumstances in deferring the administration of the last Sacraments until the end of Mass? Ought he to have gone at once?

Ad. 1. Various answers have been given to this question. Schüch says (Handbuch d. Pastoral-Theol., 10th Ed. p. 700): " If a person has communicated ex devotione one or two days previously, he may receive the Viaticum, should danger of death occur, but is not bound to do so, if the danger (as in the case under consideration) is a consequence of the disease previously existing, i. e., at the time when he communicated ex devotione." Lehmkuhl (Theol. mor., II. n. 140, 4) and Noldin (Summa Theol. mor., III. n. 143) even consider that no obligation, or no certain obligation, to receive the Viaticum exists, when a person has communicated ex devotione within a week or " circiter una ante hebdomada," "since she has already satisfied the precept, especially if the danger has increased from the illness, because morally the danger was then already imminent; or, as Lugo judges, because it suffices to receive Communion at the end of life or a little before death" ( Noldin, /. c).

According to these authors Paula was not strictly required to receive the Viaticum, and consequently Sempronius might allow the Communion she received shortly before to reckon as her Viaticum, although of course he was bound to administer the last Sacraments if Paula asked for them.

Ad. 2. We may assume that Paula, knowing her dangerous condition, in spite of having already received Holy Communion, certainly expressed a desire for the Viaticum, and therefore Sempronius was bound to administer it. If he did not think it necessary to do so at once, he cannot be accused of neglecting what was his real duty as priest in charge of souls, since he might rationabiliter assume that the sick woman had no grievous sin on her conscience, because she had so recently received the Sacraments. Moreover, a considerable postponement of the parochial Mass could not fail to cause incommodum. If Paula had not communicated very recently, Sempronius ought of course to have taken her the Viaticum at once, and should have put off saying Mass, and even should have interrupted it, if he were already saying it. The same rule would apply, if he only could have administered Extreme Unction, if the dying person was no longer able to receive the Sacrament of penance and the Viaticum. If this had been the case, and Paula had been in statu peccati mortalis, the administration of Extreme Unction would have been a duty binding sub gravi, and it would have admitted of no delay, since in hoc casu the dying woman's salvation might have depended solely upon her reception of this Sacrament in good time. Under other circumstances, according to the sententia communior (St. Alphonsus, 1. VI. n. 733; Lehmkuhl, Theol. mor., II. n. 578), there is no obligation sub gravi to receive Extreme Unction, and there was none in Paula's case, partly because, as we have seen in considering question 1, the Communion received a few days previously might be regarded as her Viaticum, and partly because there was no reason for fearing that she was in a state of mortal sin.

If Sempronius had gone to administer the last Sacraments, as soon as the message reached him, Paula might at least have received Extreme Unction, even if it had been impossible to give her the Viaticum. Under the given circumstances, however, it can not be maintained that she was strictly bound to receive either the Viaticum or Extreme Unction, and any considerable postponement of the parochial Mass would certainly have caused serious incommodum to the people intending to assist at it. Hence we cannot blame the parish priest for not going to administer the Sacraments to Paula until after he had said Mass. The case would have been different if Paula had lived near the church, so that there need not have been a long postponement of Mass, or if Sempronius had held the usual and longer Sunday service in spite of being summoned to go to her. In either of these cases he would at least have to submit to the reproach of having acted injudiciously.