Residence of the parish priest

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.

“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.

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.

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).

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, regular priests, were serving a certain mission in England. Titius, the superior, departed early in the morning to conduct certain business and would not return until ten o’clock in the evening. Caius also, although he knew that some of the parishioners were ill, since he thought no one was placed in grave danger, left the house after the superior in order to visit friends. Returning at nine o’clock in the evening, Caius heard that a messenger had come at four o’clock reporting that a certain parishioner was gravely ill. Hastening to the sick man’s house, Caius sorrowfully found that he was already dead and had not received the sacraments before death. He was therefore tormented by scruples as to whether or not he was guilty of mortal fault. Hence it is asked:

1. What is the obligation of residence that rests upon priests, and what is its nature?

2. Do both the superior and the regular subjects who serve missions in England have the care of souls?

3. What is the obligation of missionaries to administer the sacraments and care for the sick?

4. What is to be said of the case?

1. What is the duty of residence which is incumbent on priests with the cure of souls?

“ In order that they may be able to fulfil the duties of their charge, and be always ready to help the faithful in their spiritual needs, parish priests are bound to reside in the church house or in some place near the church. This law was enforced by the Council of Trent, and it has been further determined in particular points by provincial law. In the province of Westminster curates must give notice to the head priest if they wish to absent themselves even for a day. When there is another priest in residence, the head priest may absent himself for a few days without acquainting the bishop, provided that he has some good reason, that he takes care that it does not occur too often, and that he is not away on a Sunday or on a day of obligation. If he wants to be away on one of these days he must have the leave of the bishop or of the vicar-general in writing, except when the case is urgent, and then he must leave a suitable person as his substitute, and give notice to the Bishop or to the vicar-general as soon as possible.” 1

2. Do both the regular superior and his subjects who serve a mission in England exercise the cure of souls?

Yes, they are all presented to the bishop by their religious superior and they receive their faculties and office from the bishop. When there are several priests who have the cure of souls in one mission, whether they be seculars or regulars, one is named by the bishop as head priest; the others are his assistants, but all have the cure of souls according to the Westminster Synods. “ We decree that all others exercise the care of souls only with dependence on the first one. ” (iv West, x, 2). “ Moreover, from the fact that the care of souls is principally entrusted 1 Manual of Moral Theology, vol. i, p. 630.

to the rectors of missions, let the assistants not think themselves exempt from so great a burden; for it is their duty, in dependence upon the rector, to assist him, namely by preaching, hearing confessions, teaching catechism to children, visiting the sick and administering the sacraments to them, and fulfilling the other duties of a missionary ” (iv West, xi, 6).

3. What is the obligation of missionary priests to administer the sacraments and look after the sick?

Missionary priests who have the cure of souls are bound to administer the sacraments to those under their charge whenever these ask for them reasonably. They should take special care of the sick as the Ritual admonishes them: “ The parish priest must first remember that care of the sick is not among the least parts of his office. Therefore, as soon as he knows that anyone among the faithful committed to his care is sick, he shall not wait to be called to him, but shall go to him of his own accord; and that not only once, but rather often, so far as there is need” (De Visit. et Cura Infirm.).

4. The case. Titius in the case was justified in leaving home for the day; explicitly or implicitly he left Caius in charge. Caius followed the example of Titius and left home for the day although he knew that there were several sick people in the parish, but he thought that none of them was in serious danger. As a matter of fact one died without the sacraments while the priest was away, and he might have had them if Caius had stayed at home as he should have done. There is no indication in the case that Caius went away on necessary business; it would appear that he went on pleasure. He can not be excused from all fault in leaving when he knew that there were several in the parish who were sick. If he had left advert-ing to the probability of one of them dying in consequence without the sacraments, he would have sinned grievously. As this can hardly be said, we must say that he sinned at least venially, unless with full knowledge of all the circumstances he judged that no harm would result to his flock.

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.