Special Duties of Bishops

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

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

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

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

¹ Can. 343

“...Bishops shall not neglect to visit their own diocese by themselves, or, if they are lawfully impeded, through their Vicar General or a visitor; if on account of its extent they cannot visit the whole each year, let them visit at least the greater part of it, yet in such a way that the whole is completed within two years by themselves or their visitors.... The principal end shall be to introduce sound and orthodox doctrine, heresies having been expelled; to protect good morals and correct evil ones; to inflame the people by exhortations and admonitions toward religion, peace, and innocence; and to establish the other things, according as place, time, and occasion shall permit through the prudence of the visitors, for the fruit of the faithful.... Neither they nor any of their men shall receive anything by reason of procuration for the visitation...neither money nor any gift whatever, even however it may be offered except, nevertheless, provisions for food, which are to be furnished to them and their men frugally and moderately, only according to the necessity of the time, and no further.” Council of Trent, session 24, chapter 3, On Reformation.

What about the holiness, knowledge, and preeminence of Bishops? - The holiness of life of Bishops ought to be outstanding. The reason is that the episcopate is a state of perfection acquired and to be exercised. But they ought to excel in so much knowledge that they can satisfy the most grave duty of governing the diocese. Hence it is required that he be a doctor or licentiate in theology or canon law, or at least, as regards regulars, proved suitable for teaching by his superiors with legitimate testimony. Trent s. 6, c. 1 de R.; s. 22, c. 2 de R.; s. 24, c. 1 de R.; s. 25, c. 1, 17 de R.; Suarez de Rel. t. 3, l. 1, c. 15; Lugo, Resp. Mor. l. 5, d. 15; Bouix de Iure Reg. v. 1, p. 15 ff.; S. Th. 2. 2. q. 184, 185; Quodl. 2, a. 11; Quodl. 5, a. 22; Quodl. 12, a. 17; L. l. 6, n. 804.

Secular churches, pastors, and beneficiaries are held to pay the Bishop the cathedraticum, or pension, each year, as a sign of subjection and honor of the Episcopal Chair, and for sustaining the burdens of the same Chair or Bishop. The aforesaid pension, however, ought not exceed two solidi, namely twenty giulii, about 10 lire, for a giulio is worth about 50 centesimi. Cf. Benedict XIV de Syn. l. 5, c. 6, 7; Roman Council c. 6.

Functions: Episcopal functions are those which pertain to the Bishop by law or custom. They are listed in the Decree of the S. R. C., July 9, 1895, n. 3865. Likewise parochial prerogatives are those which concern the rights of pastors. They are listed in the Decree of the S. C. C., April 3, 1897, Regien.; December 20, 1902, Melev.; and in the Decrees of the S. C. R., Index, Parochus quoad iura parochialia, etc.

Cardinals: Cardinals are Princes of the Church, who provide assistance to the Supreme Pontiff in the governance of the Church; and, when the See is vacant, they elect the Supreme Pontiff. The College of Cardinals, if necessity does not press, cannot make laws, but must at once apply itself to the nomination of another Pontiff. Each has jurisdiction in his own title, but only concerning those things which pertain to ecclesiastical discipline and the correction of morals. Innocent XII, C. Romanus Pontifex, September 17, 1692. Consequently they can make laws and censures in it. Through the Constitution Apostolicae Romanorum Pontificum, April 15, 1910, the Supreme Pontiff Pius X constituted Suffragans as Ordinaries in the suburbicarian dioceses, who, in the name and place of the Cardinal Bishops, administer the diocese as other diocesan Ordinaries do, with the exceptions however noted in the same Constitution. A. A. S. v., p. 277 ff.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What about celebration of Mass and administration of the sacraments? - Reply to the first: Frequently indeed, and even daily from fittingness, and at least on Sundays and feasts from grave obligation, they must offer the Holy Sacrifice for the whole diocese. They must also often stir the people to prayer, by enjoining private and public prayers in chief necessities, by decreeing supplications, etc. St. Paul to the Hebrews 5:1. The Bishop must likewise give effort that those things be observed by all which pertain to the holy celebration of Mass. C. Quoniam final de Privil. in 6; Trent s. 22, Decree de observ., etc.; s. 23, c. 1 de R.; Leo XIII, C. In suprema, June 30, 1882; L. l. 6, n. 337; H. A. tr. 7, n. 65, 66; E. M.

Reply to the second: The Bishop is held to administer the sacrament of confirmation; and it is very fitting that he show himself easy in administering it. He is held to confer orders by himself, unless he is impeded by illness. Trent s. 23, c. 3 de R. But he is not held to administer the sacrament of penance by himself, and since he has external governance, it is better that he abstain. It suffices that he deputize suitable priests for this ministry.

The Bishop is further held to confect the sacred oils within Mass on the fifth feria of Major Week, with twelve priests joined to himself along with seven deacons and subdeacons, and in case of necessity and with an indult of the Holy See, even with a smaller number. S. R. C., July 16, 1672, n. 1448.

Before he has received the pallium, an Archbishop cannot confer orders, gather synods, bless virgins, consecrate churches, or exercise pontificals even in his own church, unless he has obtained a special faculty. C. 28 de Electo. S. R. C., August 7, 1627, n. 443.

The Bishop is held to celebrate an anniversary each year, on the day of death, for the last deceased Bishop, but not for the administrator. Caerem. Episcop. l. 2, c. 36, n. 1; S. R. C., July 22, 1908; A. S. S. v. 41, p. 593.

What about convoking a synod and visiting the Holy Thresholds? - The Bishop is held to celebrate a diocesan synod every year. And every three years a provincial synod must be celebrated. Trent s. 24, c. 2 de R. "Every third year, and even more frequently for necessity or opportunity, all the Bishops of each ecclesiastical province should come together, to act jointly concerning the common business of their churches." Instruction of the Secretariat of State, May 1, 1900, to the Bishops of Latin America. A report every five years is to be presented by the Bishops themselves at Rome to the Holy See concerning the state of the diocese, according to the norm of the canons and order of the Decree of the S. C. Consistorial A remotissima Ecclesiae, December 31, 1909.

A report, moreover, is specially enjoined to be made concerning the observance of the Decrees concerning the age of those to be admitted to first Communion, concerning frequent and daily Communion, and of the Motu Proprio Sacrorum Antistitum, September 1, 1910, concerning whose observance a report is also to be made by General Moderators of Religious Institutes. In Italy, however, Bishops are specially commanded to preserve carefully monuments of art and history. C. of Sixtus V Romanus Pontifex, December 20, 1585; Instruction of the S. C. de Propaganda Fide, June 1, 1877; Plenary Council of Latin America 203; A. S. S. v. 10, p. 202; Benedict XIV de Syn. l. 2, c. 5.

What about the power of the vicar general? - A vicar general is he who is legitimately deputed to exercise episcopal jurisdiction generally, in place of the Bishop, so that his acts are judged to have been done by the Bishop. He must be a Doctor or Licentiate in Canon Law, or otherwise suitable. A Vicar General, during his duty, is a titular apostolic protonotary. Pius X, Motu Proprio Inter multiplices, February 22, 1905.

Whatever generally the Bishop can do from ordinary jurisdiction proper to himself, but not delegated, although ordinary as being annexed to an office, the Vicar can do, who with the Bishop constitutes one tribunal. Nevertheless this general rule has several exceptions, and certain things require a special mandate. And thus the Vicar General cannot confer, suppress, divide, or unite benefices; nor can he "concede dimissorial letters, unless he has express faculty concerning this from the Bishop, or unless the Bishop is outside the province, or distant by two or at least one day's journey from his own diocese." L. 787; C. Cum nullus de Temp. ord. in 6. Likewise the Bishop can, according to his own judgment, limit the jurisdiction of his Vicar in certain cases. But it is certain from several decisions of the S. C. C. that the Vicar General can, just as a pastor can, validly assist at marriage without the special mandate of the Bishop, and can concede to another, who is a priest, faculty of validly assisting at it, since he is an Ordinary, Trent s. 24, c. 1 de R. Benedict XIV de Syn. l. 2, c. 3, 8; Schmalzgrueber l. 4, title 16, n. 90, 91, 92; L. App. de Priv. 31, 47, 58; Plenary Council of Latin America 221; E. M.

The Vicar General can likewise approve Confessors, dispense in the proclamations of marriage, and bring censures.

But the Vicar General cannot know graver criminal causes, C. 2 de Off. vic. in 6; convoke a synod, S. C. C., December 4, 1655; Benedict XIV de Syn. l. 2, c. 3; visit the diocese; absolve from cases reserved by law to the Bishop alone, C. 4 de Poen. et rem. in 6; or dispense from irregularities from a hidden delict, Trent s. 24, c. 6 de R.

Precedence above all dignities and canons not vested belongs to the Vicar General. But precedence never belongs to him, namely neither in choir nor in processions, above canons clothed in sacred vestments. S. R. C., December 2, 1690, n. 1845.

Concerning the Vicariate of the City, cf. Constitution Etsi nos of Pius X, Kalends of January 1912, A. A. S. v. 4, p. 5 ff.

It cannot be prohibited, at least speaking generally, that Vicars General of the Dioceses of North America be from the number of the Consultors, unless the Consultors are very few. S. C. Consistorial, February 27, 1914.

1. The Bishop of Parma, having instituted a universal heir, bequeathed to the Bishop of Parma pro tempore a cross with gems, a precious ring, and a pastoral staff; to the archpriest a cross with a gold chain; to the lord rector of the seminary a white chasuble; to the seminary of Parma one half of the sacred vestments, and the other half to the seminary of Berceto; to the Vicar General a silver chalice; to the secretary a precious stole. The Bishop testator says further that all the gold and silver utensils and sacred vestments were in his ownership, that is, either received by gift or acquired with his own money, by no means from the revenues of the Church. Moreover it is asserted that the deceased Bishop had spent in alms and other pious works during ten years more than he had received from the mensa in as many years. But the council of the Fabric of the cathedral church did not judge these legacies of the Bishop to be valid, thinking that the right of spoil belonged to itself over the whole sacred furnishing of the Bishop, or, as it is called, over the Bishop’s chapel. Hence:

Question. Whether, and what, sacred furnishing was validly bequeathed by testament in the case?

R. “In the affirmative in all things and more.” S. C. C., 19 January 1884. The reason is that by chapter 1, de Testam., it has been granted to clerics to make a testament concerning all things which do not have the nature of ecclesiastical revenues. This is confirmed by chapter Quia nos, 9, same title; final chapter, de Pecul. cler.; Constitution of St. Pius V, Romani Pontificis, as Navarrus, de spol. cler., § 1, n. 4; Bursatus, cons. 377, n. 28, § Attamen; Barbosa, bk. 3, c. 17, n. 62; Azor, Inst. moral., t. 2, bk. 8, c. 3, p. 11; Panimolus, decis. 20, annotation 1, n. 11; Ventriglia, etc., teach. And this is certain today from the Constitution of Pius IX, Quum illud, 1 June 1847. For in it it is decreed that there are not owed to cathedral churches all those utensils which were procured with goods not belonging to the church, and which are not proved to have been given to the church.

Furthermore, certainly no one would say that faith can be denied to the affirmation of the Bishop. For there is question of a Bishop, and the Supreme Pontiff himself in his Constitution Quum illud wishes the deposition of Bishops in this matter to be admitted for truth. Moreover, that charity of the Bishop, which exceeded the revenues of the episcopal mensa, excludes the hypothesis that that sacred furnishing was bought with the revenue of the mensa, c. Cum in officiis, 7, de Testam.; cf. Ferraris, v. Spolium; and therefore it was exempt from spoil in favor of the Fabric of the Cathedral.

As regards spoil, however, it must be noted that clerics by Canon Law are deprived of the faculty of making a testament as regards the superfluous goods of their benefices; although they can make a testament concerning their patrimonial, industrial, and parsimonial goods. For while they live, they are bound by precept of the Church to expend the former upon pious works. cc. 1, 7, 8, 9, 12, de Testam. Now the superfluous goods of benefices left by a cleric were called spoils, which formerly belonged to the church in which the cleric had obtained the benefice, from c. 7, de Testam. This discipline, set aside for some time, was restored to force by Trent, sess. 25, c. 1, de R., and by several Roman Pontiffs. It was established, however, that the superfluous goods of benefices, concerning which clerics cannot make a testament, should yield and be applied by right of spoil to the Apostolic Camera. Also things acquired illicitly by clerics through trading are subjected to the penalty of spoil. Benedict XIV, Constitution Apostolicae servitutis, 25 February 1741; Acta S. Sed., vol. 16, p. 460 ff.

2. A regular Bishop, gravely sick with an illness from which he afterwards died, several months before his death repeatedly said to his nephew, in whose house he was sick and who had deserved exceedingly well of the Bishop himself: “You are lord of all that I have; it displeases me that they are few,” adding that he had some sum of money. Hence, two or three days before the death of the Bishop, the said nephew took from his chest, from the moneys which were found there, about a thousand scudi, no word having been made about this with the Bishop, whose remaining moneys and movable goods, after he had died, were taken under the name of spoil by the ministers of the Apostolic Camera.

Question. 1. Whether such a religious is exempted from the vow of poverty and is made true owner of ecclesiastical revenues like secular Bishops. — 2. Whether it is open to religious Bishops to make a testament concerning patrimonial goods, or goods acquired by their own industry, in the way in which this is lawful for secular Bishops. — 3. Whether the nephew of the Bishop could in safe conscience receive and retain those moneys.

R. To the first. The first opinion, which several theologians hold, affirms; and Sanchez says that it is probable, loc. cit., in decal., c. 6, nn. 7, 13. The second opinion, which far more theologians hold, denies. Wherefore according to this opinion that religious Bishop is made only administrator of ecclesiastical revenues. Sanchez says that this opinion is most true, loc. cit., n. 8. “A regular Bishop,” says Cardinal De Lugo, Resp. Mor., bk. 5, dub. 1, n. 3, “although he has free administration of his revenues, nevertheless does not have ownership of them, according to the more common opinion.” “A religious who becomes a Bishop,” says St. Thomas, II-II, q. 88, a. 11, ad 4, “as he is not absolved from the vow of continence, so neither from the vow of poverty, because he ought to have nothing as his own, but as dispenser of the common goods of the Church; similarly also he is not absolved from the vow of obedience, but by accident he is not bound to obey if he has no superior, as neither is the abbot of a monastery, who nevertheless is not absolved from the vow of obedience.”

To the second. Some affirm, because just as for making a donation in life the mere free administration of goods suffices, so also the same suffices for giving in death. Sanchez says that this opinion is probable, loc. cit., n. 10. But others, far more numerous, among whom is Sanchez himself, loc. cit., openly deny that it is open to them to make a testament. “The reason is that the paternal inheritance and whatever else a religious Bishop acquires from any source whatever, he acquires for his church with free administration only, as is clear from the single chapter, 18, q. 1. ... But administration is ended by death, from which the testament begins to have force. Therefore it is not open to him to dispose after death, which is done by testament.” Sanchez, loc. cit. “A donation on account of death,” says Cardinal De Lugo, loc. cit., n. 6, “can no more be made by a regular Bishop concerning goods quasi-patrimonial than concerning goods acquired from the fruits of the church, just as neither can a testament be made by him concerning any goods, even for pious causes, as we have reported above from the common opinion of the doctors with Thomas Sanchez.” “To the third,” says St. Thomas, II-II, q. 185, a. 8, “it must be said that it is by accident that religious Bishops are not bound to obey the prelates of their religions.... But they can in no way have property. For they do not claim a paternal inheritance as their own, but as owed to the church.... But he can in no way make a testament, because only the dispensation of ecclesiastical things is committed to him, which ends with death, from which a testament begins to have force, etc.” E. M. 252.

To the third. The difficulty in the case comes from the aforesaid words: “You are lord of all that I have; it displeases me that they are few,” which do not seem to signify a present donation, or certainly do not seem to signify a donation inter vivos, but only a donation mortis causa. But this cannot be made by a regular Bishop, just as neither can a testament be made, even for pious causes, since this kind of disposition is forbidden to all regulars, even if they are Bishops, whether there is question of goods acquired from the fruits of the church, or of other goods quasi-patrimonial. I. M. 252, 281.

Nevertheless the aforesaid words probably contain a donation inter vivos, which the aforesaid Bishop could make, both from quasi-patrimonial goods, namely from stipends which the aforesaid Bishop truly received for personal labor, and also from the superfluous fruits of the church, since that nephew was poor, had several children, and had a marriageable daughter whom he could not place honorably in marriage. I. M., vol. 1, n. 870.

That those words contain a donation inter vivos made to the nephew can be proved first from the obvious and natural sense of those words, which otherwise would signify nothing. The proper sense of those words is this: I give you what is found at my home as mine, and I would wish that more things were found. Since, however, the aforesaid donation was made several months before death, there is no indication that it was made mortis causa. Moreover, although a donation is not presumed of itself, L. Cum de indebito, ff. de Donationibus, nevertheless when merits have preceded, a donation is presumed from the cause of remuneration, L. Si vero non remunerandi, par. Inde Papinianus, ff. Mandati. But extraordinary merits on the part of the nephew preceded in the case; for he is said to have deserved exceedingly well of the Bishop, and the Bishop was living and was sick in his house. Hence there certainly were not lacking many things done in favor of the Bishop. Besides, delicts are not to be presumed. And since a regular Bishop cannot give mortis causa, nor is the Bishop presumed to have been ignorant of this, he is to be presumed to have given in a wholly licit manner, which alone was the manner of giving inter vivos. Finally, as regards the nephew, since he certainly received that sum of 1,000 scudi in good faith, he cannot be despoiled of it, since in doubt the condition of the possessor is better. — Lugo, Resp. Mor., bk. 5, d. 1.

3. The Bishop of Vilnius gave to a suffragan Bishop the faculty of exercising in the city and diocese of Vilnius whatever he himself could exercise, which faculty the suffragan Bishop used while the Bishop of Vilnius was living. But when this Bishop had died, the aforesaid suffragan Bishop doubted whether, by virtue of the aforesaid faculty, not revoked by the chapter and afterwards by the Bishop successor, without the new consent of the chapter and afterwards of the Bishop successor, he could still exercise pontificals and confer orders upon those having lawful dimissorial letters of their prelates, especially if the chapter, and afterwards the Bishop successor, saw this and did not contradict it.

Question. What is to be said in the case?

R. He could not. This is clear 1. from the negative response given to a similar question by the Sacred Congregation of Cardinals interpreting the Council of Trent, 22 February 1631, of which Cardinal De Lugo makes mention, Resp. Mor., bk. 1, d. 32. — 2. From the fact that, although the common doctrine is that licenses and faculties granted by a predecessor without limitation endure after the death of the one granting until they are revoked by the successor, nevertheless this special license and faculty, in the case, includes a certain notion of dominion in another’s house. But on account of the reverence which every guest owes to the lord in his own house, it is equitable that a guest in another’s house not conduct himself as lord without the consent of the new lord, even though he had obtained that license from the predecessor; for reverence is personal, owed to the successor, which the predecessor cannot take away from him, even if he grants the amplest faculty that someone should conduct himself in his house as lord. Therefore. Lugo, loc. cit.

4. A Bishop, for certain and just causes, prohibited parish priests from permitting Masses to be celebrated in their churches by regulars, unless they had license from the Bishop. Did the Bishop act by right?

R. In the affirmative. Thus Cardinal Lugo, Resp. Mor., bk. 5, dub. 25, who brings forward this twofold reason. The first reason is that the faculty of celebrating everywhere which regulars have does not give a right of compelling the lord, against his will, that they may celebrate in his house and in his oratory, which he has approved by the Bishop. Since, therefore, secular churches are under the dominion or free administration of the secular clergy, regulars do not seem to have the right that, against the will of the secular clergy, they may still celebrate in churches of this kind belonging to them. Wherefore the Bishop, who is the supreme parish priest in the whole diocese, does not inflict injury upon regulars if he is unwilling to lend his churches to regulars for celebrating.

The other reason is that religious themselves are not bound to admit into their churches for celebrating all secular clerics who may wish to celebrate there. Therefore there would be an odious inequality if that which secular clerics could not do in a church of regulars without their license, regulars could do in a secular church while the secular clergy resisted.

5. On the same night on which the Bishop of the diocese B. was dying, a canon, a major dignity of the cathedral church, died after several hours. The Vicar General of the deceased Bishop, continuing in the governance of the diocese before the capitular vicar was elected, conferred that dignity.

Question. 1. What is the jurisdiction of the Vicar General, and how long does it last? — 2. What is to be said in the case?

R. To the first. In those matters which are of jurisdiction, the Vicar General performs the office of the Bishop and uses his jurisdiction, even in the internal forum. In this matter the person of each is one and the same, and the tribunal of each is one. Hence, when the Bishop is removed by death, renunciation, translation, captivity, etc., every right and name of the vicar at once ceases; and when he is suspended, the jurisdiction of the vicar also is suspended. Clem. ult., de Procurat.; c. 1, de Off. Vic., in 6.

Nevertheless the jurisdiction of the Vicar General does not extend 1. to extraordinary business, as would be the alienation of goods; 2. to those things which the Bishop is not easily presumed to grant, unless perhaps he is absent far away and for a long time, such as to confer benefices, to suppress, divide, or unite them, to give dimissorial letters to those to be ordained, to dispense in doubtful matrimonial impediments; 3. to those things which pertain to the power of order, although the Vicar General has been consecrated Bishop. c. 3, de Appell., in 6; c. 2, de Const., in 6; c. 2, de Consuet., in 6; c. ult., de O. V., in 6; cc. 2, 3, same title; c. 81, de R. I., in 6; c. 3, de Temp. ord., in 6; Benedict XIV, de Syn., 2, 8, 1; D’Annibale, ed. 3, pt. 1, n. 96.

To the second. Illicitly and invalidly did the Vicar General confer the benefice in the case, because by the death of the Bishop his whole jurisdiction ceased. Moreover, even if his jurisdiction had continued, the Vicar General does not have this power of conferring benefices, but the Bishop does, who confers them by his ordinary right. Without a special mandate the Vicar General cannot confer benefices, namely those which pertain to the free collation of the Bishop alone. Furthermore, the benefice to be conferred in the case was reserved to the Supreme Pontiff, both because it became vacant while the episcopal see was vacant, and because there was question of a major dignity of the cathedral church, provided its revenues exceeded ten gold aurei of the Camera. D’Annibale, ed. 3, pt. 3, nn. 32, 33.

106. • A Bishop is called an Ordinary, because he uses ordinary jurisdiction in his diocese. He is also called Diocesan by reason of the territory subject to him, and Suffragan by reason of the Metropolitan to whom he is subject. His Church is called Cathedral because in it is the episcopal See, or Chair.

The obligations of Bishops, besides those by which on the day of consecration they bind themselves by oath, are reduced to residence, prayer, preaching, and visitation of the diocese.

107. • I. As to residence. Bishops, although they are Cardinals, are bound to dwell in their episcopal see, as is gathered from the Council of Trent, sess. 6, ch. 1, De Reform., and sess. 23, the same chapter.

But there are several causes excusing a Bishop from perpetual and continuous residence.

1º Christian charity, for example, if some Church is placed in great danger of heresy and he can bring help to it, or if his mediation is necessary for composing peace, etc.

2º Urgent necessity, for example, if the Bishop's life is endangered because of sickness, inclemency of the air, personal persecution, etc.; but not because of a general danger, for example, in time of contagion, etc.

3º Due obedience, namely when the Pontiff calls some Bishop so that he may entrust to him the care of some business: thus Cardinals assisting the Roman Pontiff have a sufficient cause why they are rather often absent from their Churches.

4º The evident good of the Church, for defending its rights, for example, in a provincial or general Council. - St. Ligorius, n. 125.

It is permitted to Bishops that for an honorable cause and without detriment to the flock they can be absent each year for two or three months, either continuously or at intervals. From the Council of Trent, sess. 23, ch. 1, De Reform. But they cannot be absent longer without an Apostolic Indult, if you except pilgrimage to the thresholds of the Apostles and attendance at a provincial Council.

108. • II. As to preaching. Bishops are bound by a most strict obligation of preaching the word of God, by themselves or at least through others, if they themselves have been legitimately impeded: this is established from Sacred Scripture. Thus the Apostle, 2 Tim. 4:2: "Preach the word; be urgent in season, out of season; reprove, entreat, rebuke in all patience and doctrine," etc. It is also established from the Council of Trent, sess. 5, ch. 2, De Reform.

III. As to prayer. Bishops, after the likeness of the Apostles, ought often to devote effort to prayer, and to exercise themselves in the contemplation of divine things, and continually to implore divine light for themselves, the Clergy, and the whole people.

Frequently, and at least on Sundays and feast days, they ought to offer the Sacrifice for the whole diocese, and often to incite the people to prayer, by teaching the manner of praying, by appointing private and public prayers in chief necessities, and by decreeing supplications, etc. - St. Ligorius, Hom. apost., tr. 7, nn. 65-66.

109. • IV. As to episcopal visitation. The Bishop, as pastor of the whole diocese, ought to bear great care for the souls committed to his solicitude and labors. Wherefore he is bound diligently to visit the various Churches of his jurisdiction, so that he may know his sheep, as is fitting, detect their necessities, and search out the means of meeting them. To all these things he is obliged by divine and natural law, nor can this law be abrogated or diminished by any custom, as is open from the Council of Trent, sess. 24, ch. 3, De Reform. - St. Ligorius, Hom. apost., tr. 7, nn. 59-60.

Bishops who administer distant and immense dioceses, as in France, cannot survey them whole every year or every other year: therefore they are excused because of impossibility, provided they do what they can and visit a great part of the diocese, at least through Vicars General, if they are personally impeded.

In all things which pertain to visitation and correction of morals, Bishops have the right of ordering, moderating, punishing, and executing those things, according to the sanctions of the Canons, which according to their prudence seem necessary for the amendment of subjects and the utility of the diocese. - Thus from the Council of Trent, sess. 24, ch. 10, De Reform.

123. • Clerics enjoy certain privileges from Canon Law and from Roman Civil Law, indeed according to several from divine law, namely the privilege of immunity, lest they be punished by a lay court, and of exemption from the lay forum as to their own goods, both ecclesiastical and patrimonial.

But these privileges and most other ones, in many places, as also in France, are no longer acknowledged by the civil power ¹. Nevertheless there remains everywhere the privilege which is called of the Canon, by reason of which they incur excommunication who unjustly lay hands upon Clerics, as is established from the Second Lateran Council, in which it is said: "If anyone, at the instigation of the devil, lays violent hands on a Cleric or Monk, let him lie under the bond of anathema."

¹ ** This namely is the beginning, or rather the consequence, of apostasy from the Christian Religion. For the power which holds any Religion whatsoever in the same place has surely consummated apostasy from the Christian Religion. There you find Christian men; but you do not have a Christian kingdom or empire.

This privilege is enjoyed by 1º all Religious, even novices; 2º all Clerics, even those endowed only with simple tonsure; 3º indeed all Nuns and all religious persons living under a rule in Community, and also tertiaries of each sex wearing the habit of religious Orders and living in Community. - St. Ligorius, Bk. 1, Appendix II. - Hom. Apost., tr. 22, ch. 2.

124. • The privileges of Bishops regard 1º censures and irregularities; 2º impediments of matrimony; 3º vows and oaths; 4º other special cases, as may be seen apud St. Ligorius, Bk. 1, at the end of the Appendix on privileges, and in Hom. apost., tr. 20, ch. 3.

I. Concerning censures and irregularities.

1º They can absolve subjects from any hidden papal cases whatsoever, at least those reserved before Trent ², with the cases of the Bull Coenae excepted.

² Whether Bishops can absolve from cases reserved after Trent, if they are hidden, was not the one opinion of the Doctors. For the affirmative opinion stood Bonacina, Mazzuchellus, Peregrinus, Bossius, Gavantus, and Suarez alleged by Diana (tom. 3, tr. 3, res. 27, n. 2); to whom St. Alphonsus (Bk. 6, n. 594) adds Sanchez, Sorbus, Delbene, Renzi, Beia, Mazzotta, and Diana himself, who brings forward these reasons (l.c.): "This opinion is proved, because although the Council uses a word of past time, nevertheless it is extended also to future things because of the nature of law, whose property is to comprehend future things, as is had in the final chapter, De Constit., and the Doctors there. And it is confirmed from law Ariani, C. De haereticis, where it is had that the law is always in fresh observance and always speaks. But a general Council has the force of law, both because the Council grants to Bishops the said faculty generally, not distinguishing between past and future reservations; therefore it must be understood generally (law Pretio, ff. de publ. in rem action., and ch. Solitae, § final, de maior. et obed.); and because the faculty of absolving which is given in jubilees extends to future sins; and because the Council in the said decree places a general rule concerning pontifical Reservations, namely that they are to be understood of public crimes, but not of hidden ones, with the limitation placed in the same decree; and finally because in reserved cases and in cases to be reserved there is the same reason of absolution, if they are hidden, and therefore in each one there ought to be the same disposition of law. For why

To these reasons there is added an argument taken from the Constitution of Sixtus V, Effraenatam, 29 Oct. 1588, against those procuring abortion. For while he reserved to himself both absolution from the sin and censure, and dispensation from irregularity as to clerics who perchance were accomplices in this crime, he judged that the privilege granted to Bishops by the Synod of Trent, that they can absolve from hidden papal cases, had to be expressly derogated. But there would have been no need to derogate this privilege if the privilege did not extend itself to cases reserved after the Synod of Trent. Therefore.

And St. Alphonsus indeed (l.c.) grants that these things are affirmed very probably; nevertheless he judges that the response is not solid enough which the aforesaid Doctors return to those objecting the Declaration of Gregory XIII, when they answer that it is not authentically established concerning it. But on the contrary St. Alphonsus opposes the authority of Fagnani, who (In C. Dilectus De Tempor. Ordin., nn. 30-33), while generally establishing the thesis that Bishops cannot absolve from hidden cases reserved by a new Constitution after the Council of Trent, adds that the Sacred Congregation so judged. Indeed this thesis of Fagnani and the alleged Declaration would otherwise overthrow also the opinion of St. Alphonsus, which we shall set forth below.

For the rest it seems plainly to be said that the reasons brought forward by Fagnani for that thesis are very lame. And surely, first, he argues from the fact that today a Bishop cannot absolve from heresy and from the other cases reserved in the Bull Coenae, although they are hidden. But from these things one argues wrongly to other cases. For the faculty of absolving from cases, even hidden ones, reserved in the Bull Coenae, according to the opinion of the Doctors, was taken away from Bishops by force of the derogatory clause concerning the decrees of any Council whatsoever, which, according to Benedict XIV (De Syn. Dioec., bk. IX, ch. 4, n. 8), after Card. De Lugo (De Fid., disp. 23, n. 48), began to be appended to the same Bull under Gregory XIII. But this clause is by no means found in other Constitutions which reserve some case to the Supreme Pontiff.

Fagnani next argues from the response given to the Archbishop of Florence under Gregory XIII. For when the Archbishop of Florence had doubted (I recount the matter in the words of the same Fagnani) whether by force of ch. 6, sess. 24, he could absolve a nun who secretly and for an evil end had broken enclosure, notwithstanding the Bull of Pius V, which seems to have place in a public case, there was a divergence in opinions. For out of ten Cardinals, three judged that the Bull was to be understood also in hidden cases, because its words are general, and only the case in the article of death is excepted, etc.; and because it had already been declared that the Bull Coenae Domini, which prohibits absolution by others, has place even in hidden cases; and because, since the Bull was drawn up after the Council, it is judged to have derogated the Council. Four judged that that Bull did not have place in hidden cases. But the remaining three said that the matter should be brought before the Most Holy One; who declared that the Bull of Pius V has place even in hidden cases.... Hence afterwards the Sacred Congregation, having been generally consulted, whether, if a nun of some monastery subject to the jurisdiction of Regulars secretly committed an offense in the matter of enclosure, she could in the forum of conscience be absolved by force of the same Decree by the Bishop, to whom, as Delegate, authority in those things which pertain to enclosure was attributed by the Decree ch. 5, sess. 25, De Regularibus, with the aforesaid Bull of Pius V standing, responded: SHE CANNOT. Thus Fagnani. But this argument too labors under the same defect as the preceding one. For 1º the Declaration of Gregory XIII affects only the Constitution of St. Pius V concerning the enclosure of nuns. 2º The response of the Sacred Congregation, which is added, regards only the case of violated enclosure. 3º Indeed another reason for this negative response was available; for the power given to the Bishop as Delegate of the Apostolic See concerning the enclosure of exempt nuns attributes to him no jurisdiction over the exempt nuns themselves (see St. Alphonsus, bk. 6, n. 602, q. VII). Indeed this can seem the stronger reason why the faculty was denied. For otherwise, since nuns are reckoned among persons impeded from going to the City, and according to the common opinion one thus impeded is not held to seek absolution by letters (see St. Alphonsus, bk. 7, n. 89), by common law the faculty of absolving would be made to the Bishop, unless the exempt nun, removed from the jurisdiction of the Bishop, had another Ordinary. Therefore the reasons of Fagnani conclude nothing concerning the general question.

St. Alphonsus (bk. 6, n. 504, at the end), after mentioning from Fagnani the history of the aforesaid Declaration, judged that that Declaration was indeed not to be extended to all Constitutions, but only to those which are fortified with the same clauses; in which matter, as is plain, he departs from Fagnani. Thus he says: It must be noted with the same Fagnani (In C. Quoniam De Constit., nn. 29-30), that for the cases contained in two Bulls, namely in the Bull Coenae and in this aforesaid one of St. Pius V, derogation was made from the faculty granted by Trent to Bishops in the said ch. Liceat, because of the derogatory clauses, namely in the first: "Notwithstanding the decrees of any Council"; and in this second: "Unless in the article of death." Hence we say that any Bull whatsoever, where the aforesaid clauses are present, takes away from Bishops the faculty of absolving hidden cases reserved to the Pope; but not other Bulls, in which no derogatory clause is present, as Diana, p. 7, tr. 2, res. 22.

But this theory ought to be ascribed neither to Diana nor to Fagnani. Not to Diana, since he (l.c.) indeed excepts if in the new Constitution there is a clause sufficiently derogating this decree of the Council; but nowhere does he say that a clause of this sort is contained in the words, "Unless in the article of death." Not to Fagnani, who (in the cited ch. Dilectus) extends his doctrine to any reservations whatever later than Trent; but elsewhere (in the cited ch. Quoniam) merely says that the Sacred Congregation declared: from the Bull Coenae the faculty attributed to Bishops by the decree of the Council (ch. 6, sess. 24) was taken away, and similarly from the Bull of Pius V the faculty belonging to Bishops (from the same ch. Liceat) of absolving nuns secretly offending in the matter of enclosure was removed. But concerning the clauses of the same Bull of St. Pius V he has nothing at all. Therefore what St. Alphonsus adds from his own opinion, that this is to be understood of any Constitution having the clause, "Unless in the article of death," this indeed, as we saw above, was said by three Cardinals in the Congregation, with reasons brought forward which do not seem to be of great weight; but that there is any value in this opinion of theirs no one has defined, nor is it in any way established that Gregory XIII had this before his eyes in his Declaration. Wherefore that extension to other Constitutions, viewed according to the principle on which it rests, does not seem sufficiently firm.

Finally, of lighter weight are the things which Cajetan Giraldi has concerning the Decree or Declaration mentioned by Fagnani, both in the Exposit. Iuris Pontif. (part 2, sect. 152), and in the Notes to Thesaurus' work De Poenis Ecclesiasticis (part 1, ch. 22). For thus he writes concerning this matter: Since it is not indicated by Fagnani in what year this decree, first cited by him, was issued, lest its issuance be called into doubt, after the Registers of the Sacred Congregation of the Council had been diligently turned over by me, I found that it had been issued in the month of January 1589 in the Response to Postulate XII, which among other things Gaspar Visconti, Archbishop of Milan, made to the same Congregation on the occasion of the visitation to the sacred thresholds. For when the said postulate XII expressed in the Italian idiom what, translated into Latin, sounds thus: "Because it often happens that censures reserved to the Apostolic See are incurred by contravening Papal Constitutions issued after the Council of Trent, the Archbishop desires the faculty of absolving the contraveners, who sometimes remain bound by censures for a longer time, since they do not have the means of obtaining absolution from the Roman Curia, especially concerning the enclosure of nuns and of male Regulars," as is found in bk. 5 of the Decrees, p. 239, the Sacred Congregation abstained from the concession of the Postulate, but only tacitly confirmed what the Archbishop himself thought concerning this faculty by these precise words, in the month of January 1589, as they are found in the cited bk. 5, p. 240: "Reservations of cases newly made after the Council are not comprehended in ch. 6, sess. 24, De Reform., and especially concerning the enclosure of nuns." Gallemart reports that this declaration, at this same chapter, was confirmed by Gregory XIII. From these things it is plain what the sense of the Bishops was, soon, as it were, after the publication of Trent, concerning the faculty attributed to them in the cited ch. 6.

I said that these things are of lighter weight; for who, I ask, would admit this response, such as it is, as the first decree of the Sacred Congregation on this matter, which Gregory XIII then confirmed, if indeed the mere denial of a requested faculty is worthy of the name of a response, when that Postulate of the Archbishop of Milan is said to have been offered in the month of January in the year 1589, while Gregory had already departed from life four years before? And then, what does this TACIT RESPONSE, which Giraldi fashions for himself, have in common with the Decree by which the Sacred Congregation, according to Fagnani, EXPRESSLY responded that thing, namely, SHE CANNOT? Indeed, what does the question concerning hidden cases, about which Fagnani speaks, have in common with the Postulate of the Archbishop of Milan, in which a faculty of absolving is sought without any distinction between hidden and non-hidden cases? Therefore the whole force of the argument will finally reside in this, that in the supplicatory petition that opinion of the petitioner is found expressed. But ought the private opinion of the Bishop petitioning to be confused with the Decree of the Sacred Congregation, which responds nothing about that very opinion? Surely if this new canon is established, and if the opinions which the petitioner expressed in a supplicatory petition must be held as so many Decrees of the Sacred Congregation, we shall now say that this too has been defined by the Sacred Congregation: that a Bishop cannot absolve from papal cases those who are detained by a legitimate impediment from approaching the Pontiff for absolution from papal cases! For in the same petition the faculty is sought of absolving those who otherwise remain (these are the words of the Postulate) bound by censures for a longer time, since they do not have the means of obtaining absolution from the Roman Curia; and nevertheless the Sacred Congregation did not judge that assent should be given to that petition, but denied the faculty of absolving them. Therefore let us conclude that Giraldi's great labor in searching the Registers of the Sacred Congregation not only contributed nothing to proving the authenticity of the Declaration about which the question is, but on the contrary, since he did not find anything better in the same Registers, although most diligently turned over, it rather has deservedly cast the gravest suspicion that Prosper Fagnani, who dictated his work while blind, slipped in memory, and that this Declaration in fact never existed.

But neither do those things completely settle the controversy which are reported from the Cremonensis of 4 Dec. 1632 in another Severina of 28 May 1796, where the Secretary narrates these things: "Adhering (the Sacred Congregation) to declarations made at other times, it rescripted that Bishops by force of ch. 6, sess. 24, De Reform., cannot absolve or dispense in the case of heresy, nor in other cases reserved to the Apostolic See by a new law after the Council. But in these cases, in which such a faculty has not been taken away from Bishops, it is indeed transferred to the Capitular Vicar," etc. And surely here it is not sufficiently apparent whether that new law must be taken for one which, in the accustomed manner, reserves absolution from sin to the Apostolic See, or rather must be taken for one which only places an exception upon the faculty conceded to Bishops by that ch. 6 concerning hidden cases, of which sort are held to be the Constitution of Pius V as to the enclosure of nuns, and that of Gregory XIII concerning the cases of the Bull Coenae. Now unless this is certainly defined, nothing in fact can be concluded from these things. For the rest, if the consequences are inspected, surely you would say that that reservation must be taken in this latter sense. For it follows: "But in these cases in which SUCH A FACULTY HAS NOT BEEN TAKEN AWAY FROM BISHOPS," etc. Therefore the context requires that the preceding words be understood of a new law by which such a power has been taken away. But such a power is no other than that which is conceded to Bishops by ch. 6 concerning hidden cases. Therefore the new law is here to be understood as one by which the Pontiff after Trent has placed an exception or limitation upon the faculty of Bishops concerning hidden cases, not indeed as one by which he has generally reserved some case to the Apostolic See.

And these things indeed have been said concerning the state of the controversy, as it has hitherto been possible to judge from the reasons which are customarily brought forward by each of the dissenting parties. For that the Apostolic See was able to revoke the faculties conceded to Bishops by ch. Liceat, as in fact was done, for example, as to the cases contained in the Bull Coenae, or was able so to circumscribe them that, for example, they would not extend themselves to reservations later than Trent, no one ought or can doubt.

For the rest, after the Constitution Apostolicae Sedis issued by our Most Holy Lord Pope Pius IX on 12 Oct. 1869, there is now no doubt that a controversy of this sort must be held as defined. "Nevertheless" (says the Supreme Pontiff) "we will that the faculty of absolving conceded by the Synod of Trent to Bishops, sess. 24, ch. 6, De Reform., remain firm in any censures whatsoever reserved to the Apostolic See by this Our Constitution, with only those excepted which we have declared reserved in a special manner to the same Apostolic See."

Therefore the difference between the old Law and the new resides in this: that in the former the cases contained in the Bull Coenae and the censures issued against violators of the enclosure of Nuns were excepted; but in the more recent one, only the cases reserved in a special manner to the Apostolic See are excepted. These are fourteen, to which must be added 1º the interdict against universities, Colleges, and Chapters appealing from the ordinations or mandates of the Roman Pontiff existing at the time to a future universal Council; 2º from the Declarations of the Holy Office of the Inquisition, 17 June 1866 and 4 April 1871, the case of a person of whatever sex falsely denouncing a Priest for the crime of solicitation in Confession.

would the authority of Bishops be lesser in new reservations than in old ones?

2º They can dispense from all irregularities and absolve from all suspensions on account of a hidden offense, excepting irregularity from voluntary homicide.

3º In irregularities also doubtful from defect. (Probably.)

4º In non-hidden irregularities from defect of birth for minor Orders and simple benefices. - Council of Trent, sess. 24, ch. Liceat. - See St. Ligorius, bk. 4, Appendix on privileges, n. 49 and following.

125. • II. Concerning impediments of matrimony, Bishops can dispense:

1º In impeding impediments, except the vow of perpetual chastity, the vow of entering Religion, espousals, and the impediment of disparity of worship between Catholics and heretics.

2º In supervening impediments, once marriage has been contracted, in order to asking for the debt, for example, if they contracted affinity because either one had carnal intercourse with the other's blood relatives; or if one vowed chastity. Indeed the Bishop can also dispense the spouse from a vow of perpetual chastity which he or she emitted before marriage, so that he or she may exercise matrimonial rights ³.

³ ** Nevertheless the Confessor ought to know that in these circumstances, which sometimes do not permit delay, or do not leave prompt access to the Bishop, another way is present by which provision is made for the necessity of the spouses, namely that one spouse indirectly irritates the vow of the other, that is, suspends its obligation. See vol. 1, n. 330.

3º In doubtful diriment impediments ⁴. - St. Ligorius, Appendix, n. 55, where he says that this opinion is very common.

⁴ ** Yet someone will be able to note that, where the impediment is doubtful, there is no need that a dispensation be sought, as will be said in the treatise on matrimony.

4º Per accidens in certain diriment impediments, both before and after the contracted marriage, when recourse to the Pope is very difficult, or when there is danger in delay ⁵, or where there is imminent danger of scandal, infamy, incontinence, etc. - St. Ligorius, ibid., n. 56 and following.

⁵ ** St. Alphonsus, as we shall see in the Treatise on Matrimony, judges it probable that the impediment ceases when, some grave cause urging, access is not open even to the Bishop.

5º In publications of the Banns. - St. Ligorius, ibid. - See the things to be said in the Treatise on Matrimony, n. 739.

III. Concerning vows and oaths, Bishops can dispense:

1º In all simple private vows, excepting the five reserved to the Pope, namely of perpetual chastity, of Religion, and of pilgrimages to Jerusalem, to the thresholds of the Apostles, and to St. James of Compostela (tom. 1, n. 330).

2º In all oaths, if you except oaths accepted by a third party, which were not extorted by fear or fraud. - St. Ligorius, passim.

126. • IV. Concerning certain particular cases, Bishops can dispense:

1º In all matters of lighter moment, both from custom and because recourse to the Pope would be too inconvenient.

2º In all things which commonly occur, for example, in fasting, in abstinence, in the divine Office for particular cases ⁶, or for a brief time, etc.

⁶ ** Understand, with particular persons; for in common law Bishops do not have the faculty of dispensing with a whole community.

3º In all statutes which have the clause, "until dispensation is given." But whether a Bishop can dispense in canonical statutes not expressly reserved, St. Ligorius judged that the negative opinion is altogether to be held, bk. 1, n. 191 ⁷.

⁷ ** St. Alphonsus (Hom. Apost., tr. II, ch. VI, n. 58) writes these things concerning this question: But whether Bishops can dispense in all Canonical laws where the Dispensation is not expressly reserved, many Doctors admit this, as Soto, Covarruvias, Sporer, St. Antoninus, who calls it common, and Elbel, who calls it most common and for it adduces St. Bonaventure and Scotus, and Castropalaus calls it probable with the Gloss on ch. Nuper, De Sent. Excomm., where the Pontiff thus acknowledged: "Yet because the founder of the Canon did not specially retain absolution to himself, by that very fact he seems to have conceded to others the faculty of relaxing." And the Gloss adds: "Here is an argument that Bishops can dispense where Dispensation is not specially prohibited, from law Nec non, ff., Ex quibus causis." But on the contrary Suarez, Bonacina, the Salmanticenses, etc., deny from ch. Dilectus, De Temp. Ord., where a certain Bishop, since he had conferred several orders on one person on the same day, was suspended for this reason: "Since a Dispensation of this sort from the Canon was by no means permitted to him." And they respond to the text first alleged, that that disposition was made only for absolution from censures. But, notwithstanding this, the first opinion is sufficiently probable, because we can use the same response for the second text, that it has force only in the matter of ordination. All the more because in the first text the words seem to speak generally, but in the second specially about ordination, since that word, "of this sort," is used. Thus far St. Alphonsus.

4º For performing the Sacred Rite from midday. By force of the quinquennial faculties they enjoy the privilege of celebrating for one hour before dawn and another after midday, and of communicating this faculty to suitable Priests.

5º They can choose for themselves a Confessor outside the diocese, provided he is their subject, and they can take him with them to different places; but if he is not a subject, he must be approved by the Ordinary of the place. Cardinals can do the same, but only at Rome, although they can take him whom they have chosen with them outside Rome. - St. Ligorius, Appendix, bk. 1, n. 65.

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.

1133. • A Bishop is called an Ordinary because he uses ordinary jurisdiction in his diocese. He is also called Diocesan by reason of the territory subject to him, and Suffragan by reason of the Metropolitan to whom he is subject. His Church is called Cathedral because in it is the Episcopal See, or Chair.

The obligations of Bishops, besides those to which they bind themselves by oath on the day of consecration, are reduced to residence, preaching, prayer, and visitation of the diocese.

1134. • I. As to residence. Bishops, even if they are Cardinals, are held to dwell in their diocese, as is gathered from the Council of Trent.¹

But there are several causes excusing a Bishop from perpetual and continuous residence.

1° Christian charity, for example if some Church is in great danger of heresy and he can bring help to it, or if his mediation is necessary for composing peace, etc.

2° Urgent necessity, for example if the Bishop's life is endangered on account of sickness, inclemency of air, personal persecution, etc.; but not on account of general danger, for example in time of contagion: yet at that time he will be able to remain in safer places of his diocese and from there provide for his own. St. Alphonsus, L. VI. 233.

3° Due obedience, namely when the Pontiff calls some Bishop in order to entrust to him the care of some business.

4° The evident good of the Church, for defending its rights, for example in a Provincial or General Council.²

It is permitted to Bishops, from an honest cause and without detriment of the flock, to be absent each year for two or three months, whether continuously or interruptedly. Thus the Council of Trent, where there are several things concerning this matter.³ But they cannot be absent longer without Apostolic Indult - or, if it is a question of our Bishops, without the cause of absence having been approved in writing either by the Metropolitan, or, he being absent, by the older suffragan Bishop residing, who must likewise approve the absence of the Metropolitan⁴ - if you except pilgrimage to the thresholds of the Apostles and assistance at a Provincial Council.

1135. • II. As to preaching. Bishops are held by a most strict obligation of preaching the word of God, by themselves or at least by others if they themselves have been legitimately impeded. This is clear from Sacred Scripture. Thus the Apostle:¹ Preach the word; be urgent in season, out of season; reprove, entreat, rebuke in all patience and doctrine, etc. This is also clear from the Council of Trent.²

III. As to prayer. Bishops, after the likeness of the Apostles, must often devote themselves to prayer, exercise themselves in contemplation of divine things, and continually implore divine light for themselves, the Clergy, and the whole people.

Frequently, and at least on Sundays and feast days, they must offer the Sacrifice for the whole diocese, and often incite the people to prayer by teaching the mode of praying, by appointing private and public prayers in chief necessities, and by decreeing supplications, etc.³

1136. • IV. As to episcopal visitation. The Bishop, as pastor of the whole diocese, must bear great care of the souls committed to his solicitude and labors. Wherefore he is bound diligently to visit the diverse Churches of his jurisdiction, so that he may know his sheep, as is fitting, detect their necessities, and search out the means of meeting them. To all these things he is obliged by divine and natural law, nor can this law be abrogated or diminished by any custom, as is clear from the Council of Trent.⁴ Cf. n. 185. II.

"But if, on account of the distance of places," says the Plenary Council of Baltimore II,⁵ "and the number of churches, they cannot visit all the churches yearly, let them at least visit the principal ones and those which are nearer to the Episcopal city, and let them order the visitation in such a way that every two years, according to the prescription of Trent,⁶ or, if this cannot be done, at least every three years, they may go through the individual parts of the diocese. But let them perform this most grave Episcopal duty not too hastily or perfunctorily, but with all diligence applied, and led by zeal for souls; asking carefully and in a summary way concerning all those things which are prescribed in the Roman Pontifical."

In all things which pertain to visitation and the correction of morals, Bishops have the right of ordering, moderating, punishing, executing, according to the sanctions of the Canons, those things which may seem necessary according to their prudence for the amendment of subjects and the utility of the diocese. Thus from the Council of Trent¹ and Benedict XIV, Bull Ad militantis. - Nor is there given from decrees made in visitation outside judicial form an appeal to suspensive effect, but only to devolutive effect.

1137. • The other obligations of Bishops are handed down in their proper places. Those which follow are more proper to our Bishops.

1. In recommending men to the Episcopate they are held to follow with the greatest diligence the rules prescribed by the Holy See; but especially to beware lest they recommend any except those whom in conscience they judge suitable.²

2. The erection of seminaries, where this is possible, is commended, inculcated, and prescribed to them.³

3. They must stir priests to annual retreats and to spiritual and theological conferences.⁴

4. They are held to watch over the execution of those things which were decreed by the Holy Synod of Trent concerning the residence of pastors, and they are admonished that in their synods they establish penalties against those who have been absent without grave cause or permission.⁵

5. "Let them admonish ... priests exercising the care of souls that they also apply themselves personally to the instruction of youth in Christian doctrine."⁶

6. They are prohibited from enrolling in their clergy priests coming from Europe unless the letters of their Bishops have first been had; but those who from these provinces wish to pass to another diocese, they are prohibited from dismissing unless it is certain that they are to be received by another Bishop.⁷

7. The offices of Bishops as to schools, see n. 440. 3°, and as to ecclesiastical goods, n. 619 sq.

1144. • The privileges of Bishops regard 1° censures and irregularities; 2° impediments of matrimony; 3° vows and oaths; 4° other special cases.

I. Concerning censures and irregularities:

1° They absolve subjects in the forum of conscience from occult papal cases, except cases specially reserved to the Roman Pontiff in the Constitution Sedis Apostolicae of Oct. 12, 1869; and not even these are excepted if subjects cannot go to Rome for absolution without grave damage to themselves or their own, whether temporal or spiritual. They absolve these directly if the impediment of going personally to Rome is perpetual, that is, if founded hope is absent that within five years they can easily do this; otherwise indirectly unto reincidence, that is, with the burden, the impediment having been removed, of presenting oneself to the Pope or to one having faculty from him.¹ See n. 1402. II.

2° They can dispense from all irregularities and absolve from all suspensions incurred on account of an occult delict, except irregularity from voluntary homicide.

3° In non-occult irregularities from defect of birth, for minor Orders and simple benefices, except nevertheless more probably a canonry in cathedrals.² - As to similitudinary bigamy, see St. Alphonsus L. VII. 452.

II. Concerning Matrimony they dispense:

1° In impeding impediments, except the vow of perpetual chastity, the vow of entering Religion, espousals, and the impediment of disparity of cult between Catholics and heretics (n. 1572. q. 1°).

2° In supervening impediments, after matrimony has been contracted, in order to asking the debt, for example if they have contracted affinity because one or the other had carnal commerce with the blood-relatives of the other; or if one has vowed chastity. Indeed a Bishop can also dispense a spouse from a vow of perpetual chastity which he emitted before Matrimony, so that he may be able to exercise matrimonial rights (n. 1572. q. 2. 1589. III.).

3° In doubtful diriment impediments¹ (n. 1623. II.).

4° By accident in certain diriment impediments, both before and after Matrimony has been contracted² (n. 1623 and App. to this n.).

5° In publications of Banns³ (n. 1538 sq.).

III. Concerning vows and oaths, Bishops can dispense:

1° In all simple private vows, except the five reserved to the Pope, namely of perpetual chastity, of entering Religion, and of pilgrimages to Jerusalem, to the thresholds of the Apostles, and to St. James of Compostella, n. 392. q. 3°.

2° In all oaths, if you except oaths added to an onerous promise, especially made in favor of a third party and accepted by this one, which were not extorted by fear or fraud.

IV. Concerning other particular cases, Bishops can dispense:

1° Sometimes in the law of a Superior. See n. 154, 159.

2° For making the Sacred rite from midday, and if great and urgent causes are present, but only by way of act, in private houses and in a private oratory.⁴ - They also have a personal privilege, by which through themselves or through another they can celebrate in their own house and in any other outside their own habitation, while on the occasion of visitation or journey or in cases permitted by law they make a stay away from their diocese. Van de Burgt, De Celebr. Miss. n. 227, 228.

3° They can choose for themselves a confessor outside the diocese, provided he is their subject, and they can take him with them into diverse places; but if he is not a subject, he must be approved by his own Ordinary, not by the Ordinary of the place of confession. Cardinals can do the same, but at Rome only, although they can take elsewhere with them the one whom they have chosen.¹

4° They can dispense from interstices for ordination.²

The special faculties of our Bishops, see p. LXX sq.

2250. • Things to be noted beforehand. 1. Bishops are ecclesiastical Prelates who, obtaining the fullness of the priesthood, succeed into the place of the Apostles, and participate in the government of the Church: whether insofar as together with the Roman Pontiff they constitute the teaching or governing Church, or insofar as they are placed over individual dioceses, under the Pontiff, by ordinary office (See the Canonists¹⁹).

2. The things which were said above (n. 2196 sqq.) concerning the holiness of Clerics, agree especially with Bishops; for they, as being constituted in the state of acquired perfection, ought to be perfect, according to that of the Apostle: Present yourself as an example of good works (Tit. 2:7).²⁰

Many are the OFFICES of Bishops; and since knowledge of them greatly benefits even Pastors of an inferior grade, it is useful here to set forth the principal parts of these offices.

2251. • I. A Bishop is held, and indeed by divine law, TO RESIDE formally in his own diocese, unless a JUST CAUSE excuses. This is established from Trent sess. 6, cap. 1, de Ref., and sess. 23, cap. 1, de Ref. Whence St. Alphonsus says:²¹

"the ring is consigned to the Bishop in his Consecration, that by wearing it he may consider that he is no longer of his own right, but of his Church, his spouse, so that perpetually, while he lives, he may assist her." As regards the penalties established by the Council, see n. 1378.

We said 1. to reside formally, that is, laboriously and usefully; for in the bull Grave of Benedict XIV it is declared that residence is not true unless it is formal.¹

We said 2. in his own diocese: for the Council of Trent says that "Bishops are obliged to personal residence in their Church or diocese." Then it exhorts them to reside in their Cathedrals "on the Sundays of Advent, Lent, the Nativity, Resurrection of the Lord, Pentecost, and Corpus Christi, on which days the sheep ought especially to be refreshed and to rejoice in the Lord by the presence of the Pastor."²

We said 3. unless a just cause excuses. But from Trent (loc. cit.) FOUR CAUSES are assigned which excuse a Bishop from continuous residence, namely: 1) Christian charity, e.g. if some Church is in great danger of heresy, and he can bring help to it without notable detriment of his own Church; or if his mediation is necessary for composing the enmities of powerful persons, etc. 2) Urgent necessity, e.g. if he is in danger of life on account of sickness, inclemency of the air, personal persecution, etc.; but not on account of a general danger, e.g. in time of contagion, etc. - 3) Due obedience, namely when the Pontiff calls him elsewhere and entrusts to him the care of some business. 4) The evident good of the Church, for defending its rights, e.g. in a provincial or general Council.³

By law it is PERMITTED to the same that, from an honorable cause and without detriment of the flock, each year for two or three months, either continuously or interruptedly, they stay outside the diocese. This is established from the same Trent (loc. cit.). But they cannot be absent longer without an APOSTOLIC INDULT. Whence Benedict XIV in the Bull Ad universae declared that a Bishop who is absent beyond the three conciliar months, without express permission of the Roman Pontiff, is to be held as a transgressor, and that he does not make the fruits his own, and finally that he incurs the other penalties which have been brought against transgressors.⁴

2252. • II. A Bishop is held TO VISIT THE WHOLE DIOCESE in individual years, unless the excessive breadth of the diocese prevents it; in which case, AT LEAST WITHIN A BIENNIUM, he ought to complete the whole visitation. - This is established from Trent (sess. 24, cap. 3, de Ref.), which thus gravely asserts the obligation: "Let Bishops not omit to visit their own diocese by themselves, or, if they have been legitimately impeded, through their Vicar General or Visitor; if because of its breadth they cannot visit the whole each year, let them visit at least the greater part of it, so nevertheless that the whole be completed within a biennium by themselves or their Visitors." And the Council adds: "let them strive as quickly as possible, yet with due diligence, to complete the visitation itself." But if he wishes to defer it beyond a biennium, he needs an Apostolic Indult.⁵

But in these visitations the Bishop OUGHT: - 1. To preach. For the Apostle says (2 Tim. 4:2): "Preach the word; be instant in season, out of season; reprove, entreat, rebuke, in all patience and doctrine." 2. "To examine the children, that he may see how they have been instructed; and thus he can provide against the negligence of pastors, by correcting them, and even by substituting some steward to teach the children doctrine at the pastor's expense, at least for the example of others." 3. "To examine priests in the ceremonies of Mass, and to suspend from celebration, without any mercy, those who, as they ought, are not skilled in them. - The Bishop can also recall approved confessors to examination, and from a just cause even pastors." 4. "He ought to apply a personal scrutiny concerning all the priests of the region, by secretly questioning each one, first concerning his own duties, that he may suggest to him what will be necessary, and then concerning the defects of others, and especially of the pastor, of confessors, e.g. in what way they apply themselves to their duty, with whom they associate, etc." - 5. "Let him inquire concerning abuses, scandals, and discords which creep through the regions." - 6. "Let him take care to raise to fervor the Congregations of secular persons, and to provide them with opportune helps, by assigning a preacher and confessor, if they lack these." - 7. "Finally, let him not omit to administer the Sacrament of Confirmation," according to what was said n. 1498.⁶

2253. • III. "A Bishop is held TO CHOOSE for ministers of the altar only the WORTHY, and to exclude the unworthy."⁷ Indeed, "a Bishop conferring sacred Order on an unworthy man sins by a double title: he sins because he fails in his duty; and he sins because he cooperates in all the sins which that man will commit, and he will be the cause why others also sin. St. Paul intimates this same thing (1 Tim. 5:22) when he said: 'Impose hands hastily on no one, nor communicate in others' sins.'"⁸

"A Bishop ought to EXAMINE two things in those who aspire to Orders, namely spirit and doctrine." 1. Concerning spirit and morals, although that ancient rigor can no longer be brought into practice, by which access to Orders was closed to one who had fallen into one mortal sin, nevertheless it is certain that no one can be admitted to Orders unless he has first been proved in virtues, and especially in lasting continence, which those ordained in sacred Orders will have to profess.⁹ 2. But concerning doctrine, "the Bishop ought to take the greatest care to inspect whether the one who asks to be promoted has been well taught, and whether he is eager for study: since he who is not a lover of study will never be suitable for the Church, indeed he will necessarily be depraved: for (as is customarily said) idleness is the father of vices"¹⁰ (cf. n. 1914, 1915).

Wherefore the Bishop must apply himself so that he have a SEMINARY constituted with the best direction (establishing that no one seek Orders who has not stayed there at least three or four years). For from this afterward pastors, confessors, and other priests will be selected, and thus he will be able to render his diocese cultivated.¹¹

2254. • IV. "A Bishop is held TO CHOOSE good PASTORS and good CONFESSORS."¹² For on these depends the whole good of the diocese.

1. As regards PASTORS, it is already established that the more worthy must be preferred, especially those who excel in knowledge and probity of life (cf. n. 2240). - "As regards knowledge, the Bishop can well conform himself to the judgment of the examiners; but his principal diligence ought to aim at this, that he himself know concerning probity of life, by inquiring for information from different persons.... For the Sacred Congregation of the Council decreed thus concerning the election of pastors: 'The less learned man (provided he is suitable) whose morals are approved is to be preferred to the more learned man whose life is unknown.' It is to be held as certain that an upright pastor is more useful to the people in one month than a more learned but less upright pastor in a whole year."¹³

Moreover, "the Bishop is held to inform himself from others whether pastors apply themselves to teaching children Christian doctrine, whether they preach, and whether they preach according to the prescription of Trent. Concerning this the Prelate ought often to admonish pastors, that they break for the little ones the bread of the divine word, also exhorting them that in sermons they strive to suggest matters which conduce to use: e.g. how temptations are to be repelled; what must be said when adverse things occur, or when someone is affected by injuries, and things of this kind. - Likewise, let him inquire with what diligence pastors and confessors apply themselves to hearing confessions.... Let him also commend assistance to the dying, and the Congregations of secular persons, especially of girls.... These congregations (if they are well disposed and directed) afterward cause the highest good; because if those girls afterward marry, they will easily teach their children the things which they themselves practiced, and whole families will be sanctified."¹⁴

2. As regards CONFESSORS, the diligence of the Bishop should be greatest in forming and selecting them. "For on confessors depends the direction of the consciences of all the subjects, and one confessor who is ignorant, or depraved in morals, can make a whole region lost. Therefore the Bishop ought not approve anyone unless first he becomes certain of his probity and doctrine, by examining him on moral theology (cf. n. 4 and 1786)."¹⁵

But for promoting piety and knowledge in pastors and confessors, TWO things are necessary:

One is the annual giving of spiritual exercises, in which each priest not legitimately impeded is held to take part at least every second or third year, with some penalty established against the negligent.¹⁶

The other is at least the monthly celebration of theological Collations or Conferences, which should treat practical matters. All priests having care of souls are held to take part in these conferences, as is established from many declarations of the Sacred Congregation of the Council; but Regular confessors are exempted from them by constituted law, unless perhaps they are pastors. - Yet here there must be recalled what our Most Holy Lord LEO XIII, Pope, in the Constitution Romanos Pontifices (15 January 1881), declares thus: "But it has by no means escaped us that the Roman Council held in the year 1725 by the authority of Benedict XIII ordered all Confessors, even from Regular Orders, dwelling within the limits of the province, to celebrate those meetings, provided moral lectures are not held in their convents.... Therefore moved by these reasons we declare that all rectors of Missions ought by office to be present at the collations of the Clergy, and at the same time we decree and prescribe that Vicars also, and other religious men furnished with the faculties customarily conceded to missionaries, who inhabit hospices and small houses of missions, take part in the same."¹⁷

2255. • V. To the Bishop, SCHOOLS, PIOUS PLACES, and MONASTERIES ought especially to be a care.

1. As regards schools, "let the Bishop move every stone, that some Catholic schools be opened and be at hand, taking care that teachers undergo the examinations required by the Government, and obtain the necessary faculty of teaching"¹⁸ (cf. n. 712).

2. "Let him not forget those who pass their life in hospitals, orphanages, prisons, etc. A Bishop is to be praised if sometimes he visits them; but he is held by strict obligation altogether to provide for their spiritual necessities."¹⁹

3. As regards monasteries: 1) Let him not omit to explore the will of girls wishing to profess, lest they enter without the vocation of God, and afterward lead a restless life with common damage. 2) Let him not be easy in giving to strangers permission of speaking with cloistered nuns. 3) Let him send extraordinary confessors as is by law; but let him not confirm ordinary confessors beyond three years without necessity. 4) Let him take care that spiritual exercises be given each year by a priest who is exemplary and skilled in religious discipline; otherwise he would bring harm rather than utility.²⁰

2256. • VI. A Bishop is held to CORRECT subjects, and to MEET scandals and abuses; for to this he performs the office of Pastor (Recall what was said n. 492 and 496).

But that he may efficaciously meet scandals, the Bishop ought diligently to inquire, not only from pastors and vicars forane, but also from other zealous priests (whom he should have destined to this in all parts of the diocese), concerning abuses which perhaps have crept elsewhere into other parishes. - And when priests come to him, let him take care that they are received without delay, and that the business on account of which they come is quickly dispatched; for thus it will happen that afterward, whenever they must come, they will return willingly.²¹ Similarly, that scandals and the ruin of souls may be prevented, let him resist with all his strength occult Sects, the reading of evil books and journals, the foundation and frequentation of impious schools, concubinages and merely civil marriages, and let him apply a prompt remedy to all growing evils; for medicine is prepared late when evils have grown strong through long delays.

But among subjects to be corrected, let him assign the first place to those Pastors of souls who perform their duty drowsily; to preachers who adulterate the word of God by preaching in which they set before themselves as an end their own glory more than the glory of God and the salvation of souls; to priests who too hastily, without gravity and without observation of the rubrics, celebrate Mass.²²

But how one must proceed in summary forms, and without the noise of a trial, with undisciplined or criminal clerics: see the Instruction of the Sacred Congregation of BISHOPS AND REGULARS confirmed by our Most Holy Lord LEO XIII, 11 June 1880.²³

2257. • VII. A Bishop is held TO PRAY for the people and to bestow ALMS. As regards prayer, see what was said (n. 1606, q. 1) concerning the obligation of celebrating Mass. As concerns alms, St. Gregory affirms that it is the first work of mercy which a pastor ought to furnish to his flock.

"O how many evils," says St. Alphonsus, "can a Bishop provide against by alms! How many spouses live in sin, because the means of completing marriage is not at hand for them! How many children on account of poverty sleep together with their parents, or males with girls in the same bed, with such great destruction of souls! And therefore good Bishops take care to inquire from pastors concerning the necessities which are present, and enjoin upon them that they make him more certain whenever anything occurs."²⁴

2258. • VIII. A Bishop is held to render an account to the Holy See concerning the state of his own diocese; and to this end he ought at the established times to perform the VISITATION AD LIMINA.²⁵ - Concerning this and certain other obligations of Bishops, see the Canonists.²⁶

NB. Concerning the RIGHTS and PRIVILEGES of a Bishop, let St. Alphonsus be read, Book I, Appendix on Privileges (or Homo Ap., tr. XX, cap. 3). - See also in the alphabetical Index the various faculties of the Bishop indicated under the word BISHOP; - likewise Appendix I, Quinquennial faculties, and the Forms of the Sacred Penitentiary.

2259. • It is ASKED. What CAN the Vicar of the Bishop do?

Resp. The Vicar General, or Official, once constituted by the Bishop, has, speaking in itself, from Law an ORDINARY and free POWER of managing those things which the Prelate himself can, and also of delegating others. - Hence, he dispenses in the banns of matrimony; brings censures, so that those subject to him obey, e.g. that the accused, or a witness, appear; approves for confessions; absolves one who has struck a Cleric; institutes those presented by patrons; judges beneficiary causes concerning the right of patronage and its quasi-possession, etc.²⁷

We said speaking in itself: for those things are excepted which require a peculiar mandate. - Hence, without a special mandate, he CANNOT take cognizance of criminal causes in which there must be a more serious proceeding against the accused, e.g. through deposition or excorporation (commonly Exeat); nor can he confer Benefices, nor furnish consent in changing, uniting, or erecting them; nor can he visit the diocese, nor call a synod, nor summon a meeting of Canons. Similarly, without a special commission, he cannot absolve from cases which the Bishop reserved to himself; nor remove irregularities arising from an occult delict; nor grant dimissorial letters, unless the Bishop is staying outside the diocese for a long time; nor dispense in oaths, in vows, in ecclesiastical laws, indeed not even in episcopal and synodal statutes: so that generally in all things which savor of grace he needs a special mandate.¹ - But that he can perform none of those things which are of the episcopal Order is of itself already sufficiently clear.

The Vicar General, if he has offended, can be punished by the Bishop as a private person. If he has offended concerning the jurisdiction or office of Vicar, he must be punished by the Metropolitan or by the Holy See; because the Bishop cannot be judge in the cause of his Vicar, as such; likewise, there is no appeal from the sentence of the Vicar to the Bishop, but to the Metropolitan or to the Holy See; because the tribunal of the Bishop and of the Vicar is one and the same.² When the Bishop has died or been removed, the jurisdiction of the Vicar, as such, ceases.

The obligations of Bishops, besides those by which on the day of consecration they bind themselves by oath, are reduced to residence, prayer, preaching, and visitation of the diocese. Of each one something will be said briefly.

I. As Regards Residence. §1. Even if Bishops have a Coadjutor, they are held by a personal law of residence in the diocese.

§2. Apart from the cause of the visitation of the Sacred Thresholds, of Councils at which they must be present, or of a civil office legitimately joined to their churches, they can be absent for a fair cause not beyond two, or at most three, months within the year, whether continuous or interrupted, provided that care is taken lest from their absence the diocese suffer any detriment; which time, however, cannot be joined either with the time granted to them on the occasion of their promotion, or of the visitation of the Sacred Thresholds, or of attendance at a Council, or with the vacation time of the following year.

§3. Let them not be absent from the cathedral church during the time of Advent and Lent, on the days of the Nativity, the Resurrection of the Lord, Pentecost, and Corpus Christi, unless from a grave and urgent cause.

§4. If they have been unlawfully absent from the diocese beyond six months, let the Metropolitan denounce the Bishop to the Apostolic See according to the norm of can. 274, n. 4; and if it is the Metropolitan, let the older resident Suffragan denounce him (Can. 338).

Bishops, even though they be Cardinals, are held to reside in their episcopal see or diocese; but because to be absent for some little time is not properly to be absent, they can each year remain outside the diocese for a space of two or at most three months, either continuously or at intervals, provided however that this be done from a fair cause and without any detriment to the flock; whether it is so is left to their conscience. - This is established from the Council of Trent, sess. 6, cap. 1, de Reform.; and sess. 23, cap. 1, de Reform.

Yet other causes can easily be given which require a longer absence. The Holy Synod mentions these in the cited chapter, and they are: 1st, Christian charity, if one's neighbor is to be helped, if disputes are to be settled; 2nd, urgent necessity, for example, because of bodily infirmity, because of the persecution of a tyrant; 3rd, due obedience, namely to be rendered to the Pope; 4th, evident utility of the Church or of the Republic. - Nevertheless, because there would still be danger lest someone more readily think that causes of this sort are present, the Council no longer leaves the judgment of this matter to the conscience of Bishops, but remits it to the Roman Pontiff, or to the Metropolitan, or, he being absent, to the older suffragan, without whose permission, to be given in writing, it is not lawful to be absent. From the new decree of Urban VIII, Sancta Synodus, 12 Dec. 1634, the competent superior in this matter is the Roman Pontiff alone.

II. As Regards Preaching. §1. The office of preaching the Catholic faith has been committed principally to the Roman Pontiff for the universal Church, and to Bishops for their dioceses.

§2. Bishops are held by the duty of preaching the Gospel themselves in person, unless they are prevented by a legitimate impediment; and moreover, besides parish priests, they must also take other suitable men to assist in executing salutarily an office of preaching of this sort (Can. 1327).

It is lawful for no one to exercise the ministry of preaching unless he has received a mission from a legitimate Superior, by a faculty peculiarly given, or by an office conferred to which, from the sacred canons, the office of preaching adheres (Can. 1328).

III. As Regards Prayer. Bishops, after the likeness of the Apostles, must often give themselves to prayer, and exercise themselves in the contemplation of divine things, and continually beg divine light for themselves, for the clergy, and for the whole people. Wherefore frequently, and at least on Sundays and feast days, they must offer the Sacrifice for the whole diocese. - Cf. St. Alphonsus, Hom. Ap., tract. 7, nn. 65 and 66.

IV. As Regards Episcopal Visitation. §1. For preserving sound and orthodox doctrine, protecting good morals, correcting evil ones, promoting peace, innocence, piety, and discipline among the people and clergy, and establishing other things, according to the nature of the circumstances, for the good of religion, Bishops are held by the obligation of visiting the diocese each year, either in whole or in part, in such a way that at least every five years they go through the whole of it, either themselves in person or, if they have been legitimately impeded, through the Vicar General or another.

§2. It is lawful for the Bishop to associate with himself two clerics, even from the cathedral or collegiate Chapter, as companions and assistants of visitation; and to choose those whom he prefers, any contrary privilege or custom being reprobated.

§3. If the Bishop has gravely failed in the obligation of which in §1, let the prescription of can. 274, nn. 4, 5, be observed (Can. 343).

On the other obligations of Bishops consult the Second Plenary Council of Baltimore, tit. 2, cap. 3, 4 and 5; and tit. 3, cap. 1, 2 and 3. Consult also the Third Plenary Council of Baltimore, tit. 2, cap. 1.

§1. The office of preaching the Catholic faith has been committed principally to the Roman Pontiff for the universal Church, and to Bishops for their dioceses (Can. 1327).

Question 1. Is it lawful for anyone of either clergy to preach at pleasure?

Resp. It is lawful for no one to exercise the ministry of preaching unless he has received a mission from a legitimate Superior, by a faculty peculiarly given, or by an office conferred to which, from the sacred canons, the office of preaching adheres (Can. 1328).

Question 2. Who grants the faculty of preaching?

Resp. For clerics of the secular clergy as well as for non-exempt religious, the local Ordinary alone grants the faculty of preaching for his territory. If a sermon is to be held for exempt religious or others dwelling day and night in a religious house, the Superior grants the faculty in a clerical religion; and he can give it to persons from the secular clergy or from another religion who have been judged suitable by their own Ordinary or Superior. But if there is to be preaching to others, or even to nuns subject to regulars, the Ordinary of the place imparts the faculty; in the case of a sermon to be given to nuns, the preacher needs the permission of the regular Superior. The Ordinary of the place gives the faculty also when a sermon is to be held for members of a lay religion, even an exempt one. - Cf. Can. 1337, 1338.

Question 3. Is it lawful for Ordinaries of places to deny the faculty of preaching to religious presented by their Superior?

Resp. §1. Let Ordinaries of places not deny the faculty of preaching, without grave cause, to religious who are presented by their own Superior, and let them not revoke one granted, especially at one and the same time for all the priests of a religious house, while the prescription of can. 1340 remains firm.

§2. For religious preachers, in order that it may be lawful to use the faculty received, there is need moreover of the permission of their Superior (Can. 1339).

Question 4. What things are to be set forth in sermons?

Resp. §1. In sacred sermons those things are first of all to be set forth which the faithful must believe and do for salvation.

§2. Let preachers of the divine word abstain from profane or abstruse arguments exceeding the common grasp of the hearers; and let them exercise the evangelical ministry not in persuasive words of human wisdom, not in the profane display and enticement of empty and ambitious eloquence, but in the showing of spirit and power, preaching not themselves, but Christ crucified.

§3. If, which may God avert, a preacher disseminates errors or scandals, let the prescription of can. 2317 be observed; if heresies, let action moreover be taken against him according to the norm of law (Can. 1347).

The privileges of Bishops regard: 1st, censures; 2nd, irregularities; 3rd, impediments of matrimony; 4th, vows and oaths; 5th, other diverse cases. - Cf. St. Alphonsus, Appendix on privileges; and Hom. Ap., tract. 20, cap. 3.

Concerning Censures. §1. In public cases the Ordinary can remit penalties latae sententiae established by common law, except:

1st. Cases brought to the contentious forum;

2nd. Censures reserved to the Apostolic See;

3rd. Penalties of inability for benefices, offices, dignities, functions in the Church, the active and passive voice, or privation of these, perpetual suspension, infamy of law, privation of the right of patronage and of a privilege or grace granted by the Apostolic See.

§2. But in occult cases, with the prescription of can. 2254 and 2290 remaining firm, the Ordinary can remit, by himself or through another, penalties latae sententiae established by common law, except censures reserved in a most special or special manner to the Apostolic See (Can. 2237).

Concerning Irregularities. §1. It is lawful for Ordinaries by themselves or through another to dispense their subjects from all irregularities arising from an occult delict, except that of which in can. 985, n. 4, or another brought to the judicial forum (Can. 990).

Concerning Impediments of Matrimony. When danger of death is urgent, Ordinaries of places can dispense their subjects, wherever they are staying, and all actually dwelling in their own territory, both over the form to be observed and over each and every impediment of ecclesiastical law, except the impediment arising from sacred presbyterate and from affinity in the direct line, once the marriage has been consummated. Cf. Can. 1043.

The same Ordinaries can do the same over the same impediments whenever the impediment is detected when all things are already prepared, and the marriage cannot be deferred until a dispensation is obtained from the Holy See; indeed, in the same danger of delay this faculty is valid for the convalidation of marriage. Cf. Can. 1045, §§1, 2.

Concerning Vows and Oaths. With regard to subjects and travelers, they can dispense from non-reserved vows, for a just cause, provided that the dispensation does not injure the right of others. Cf. Can. 1313, §1. And in a similar way they can irritate, dispense from, etc., a promissory oath. Cf. Can. 1320.

Concerning Other Particular Cases. 1st. They can dispense in all matters of lesser moment, both from custom and because recourse to the Pope would be too inconvenient.

2nd. In all things which commonly occur, for example, in fasting, in abstinence, for particular cases and persons.

3rd. In all statutes or laws, even universal ones, which have a clause permitting dispensation generally and without restriction, for example, until it is dispensed.

4th. Of choosing for themselves and their household members a priest for hearing confessions, who, if he lacks jurisdiction, obtains it by the law itself, even as regards sins and censures, reserved ones also, except censures reserved to the Holy See in a most special manner and those which are annexed to the revelation of the secret of the Holy Office. Cf. Can. 349. Cases reserved to the Ordinary of the place are included.

5th. The privileges of Bishops are found in can. 349, §1; 239, §1, nn. 7-12, n. 2, nn. 3, 4, nn. 5, 6; 811, §2; 459, §3, n. 3; 1028; 1043; 1045, §1, 2; 1245; 469; 914; 534; 1532; 806; 822; 1006; 1043; 1245; 1304.¹

¹ Cf. Addenda, p. 1092, n. 25.

This is the more sublime state of the Church; therefore Bishops are compared to the Dominations by the Seraphic Doctor, inasmuch as they truly rule themselves and others; therefore the perfection toward which others aspire by laboring, they inspire in others by calmly presiding. For otherwise, says the Saintly Doctor, part. 2. de eccl. Hierar. cap. 1., can the rulers of men be truly esteemed who are the slaves of vices; wherefore at the beginning of the world it was said, Genes. 3., thou shalt have appetite under thee, and thou shalt rule over him; likewise from the beginning of the Church it was said by Peter, Not as ruling the clergy, but, etc. Significantly and aptly he says: not as ruling, doubtless because, although they are lords, they must exhibit not the lord's power, but the Father's tenderness toward their subjects, as toward sons; wherefore of the Bishop Zechariah foretold, cap. 6., He shall sit, and rule, and shall be a priest on his throne, and counsel of peace shall be between them both, and crowns shall be memorial in the temple of the Lord, thus notes S. Bonaventure, loco cit., whose luminous testimonies concerning this state of perfection I shall relate in order.

I suppose that he is not required to be the best of all in absolute perfection, but in relative perfection with respect to governance.

The conditions for choosing a Bishop in the best way the Apostle describes in the letters to Timothy and Titus, to whom the holy Doctor refers in S. Luke, where he asserts that Bishops, the successors of the Apostles, are bound to be men of Apostolic character, irreprehensible, etc.

On these matters many testimonies are brought forward by Gratian from dist. 24 up to 51. They treat of this matter the Council of Carthage IV, Trent sess. 6. 24. and 25. c. 1. D. Gregory in his book on Pastoral Care. D. Augustine in his book on the Pastors, Chrysostom in his books on the Priesthood, Bernard in his books on Consideration, and everywhere the Pontiffs in their Canonical Epistles. We will briefly review these things.

First he must be immune from every impediment of law, namely lest he be irregular, or twice married, or have anything of those things which are enumerated in dist. 51. Can. qui in aliquo, and many are related by S. Bonaventure in his Confessionale, cap. 5.

The remaining prerogatives, however, due to Bishops, are recounted everywhere by the Fathers, especially by those related above, quaest. 1.

The first is integrity of life, which is contained in charity and the other virtues.

Valentia gathers this, quaest. 3. puncto 1. as necessary from many causes. For first, therefore, when Christ was about to institute Peter as Pontiff, he asks him about charity, Joan. ult., as the holy Doctor observes, where he excludes the man who loves himself, whom Paul excludes, Timot. 3., and Chrysostom also adduces it, Homil. 8. in Joan. Hence he concludes that he who succeeds Peter in pastoral care, and does not love God, does not feed the sheep, and can be called: Pastor, et Idolum. Zach. 12.

Secondly, because the Bishop ought to go before others by example, as Leader, teacher, and model, according to that word Joan 10. Ante illas vadit. As the holy Doctor observes, weighing there and elegantly distinguishing the conditions there noted of the good Pastor, especially holiness and wisdom. The first is there referred to, that he enter through Christ, not through cunning, or simony or violence, or because of the greed of avarice and ambition, seeking himself more than the glory of God and the salvation of souls, concerning which Ezech. 34. Vae Pastoribus Israel, qui pascebant semetipsos. Therefore the good Pastor enters through the door, Christ: Ego sum ostium. Qui autem intrat per ostium, Pastor est ovium. Thus entered the Apostles, 2. Cor. 5. Pro Christo legatione fungimur. Therefore he must enter humbly and with holy intention, that he may minister rightly to God and imitate the supreme Pastor, as D. Augustine says, tract. 45. in Joan., fulfilling his office for the honor of God and the salvation of souls.

Secondly he must announce the doctrine of God, instruct, teach, etc., there: Vocem eius audiunt.

Thirdly he must rightly know the face of his flock, as it is said Prov. 27.; therefore it is said here: Proprias oves vocat nominatim.

The fourth office is to lead the sheep forth by the ways of justice: et educit eas, that is, from the Egypt of vices to lands flowing with milk and honey.

Fifthly he goes before them by example: Ante eas vadit. Hence in numer. 27. it is said: Provideat Deus hominem, qui sit super multitudinem hanc: qui possit exire, et intrare ante eos, et educere illos. Then the sheep follow the Pastor going before them. Therefore Peter says, first chapter 5: Pascite, qui in vobis est, gregem; and he continues: Formam facti gregis ex animo. Last of all, he must lay down his soul for the sheep.

Hence the holy Doctor, lib. 2. Eccl. Hierar., adduces other reasons, namely, because the Bishop is a Hierarch, who must exercise the acts of the Hierarchy, purging his subjects from vices, illuminating, perfecting, and as D. Dionysius teaches, cap. 11. Eccl. Hier. Therefore also he is bound to be holy and learned.

FINALLY, because the Pontiff must be a mediator between God and us, as we have in Heb. 5. Omnis Pontifex ex hominibus assumptus, pro hominibus constituitur in his, quae sunt ad Deum, ut offerat sacrificia pro peccatis; therefore he is bound to be holy and illuminated.

From the testimonies brought forward the holy Doctor gathers, loco cit. and in the Pharetra, lib. 3, with the holy Fathers brought forward above, quaest. 1, that the holiness of a Bishop ought to be solid; established, not recent; therefore he does not wish a Neophyte as Bishop, as the holy Doctor observes, ad 6. Lucae. Of this, however, D. Leo treats, P. epist. 82. et 85., Innocent, epist. 12. et 24., Caelestinus I, epist. 2. ad Episcopos Hispaniae.

The REASON is, because it cannot happen that an inveterate habit of sinning does not diminish authority and liberty of soul, as S. Jerome notes, ex cap. 3. ad Titum.

Of old it was ALSO REQUIRED that he be long and much exercised in the ministries of the Church, as is clear from the cited epistles, and the epistle of Nicholas the Pope to Michael the Emperor; but now it is required that he have been in sacred orders for at least six months, from Concil. Trident. sess. 22. cap. 2. de Reform.

KNOWLEDGE is also required in Bishops, Malach. 2. Labia sacerdotis custodiunt scientiam, et legem requirent de ore eius. Of this Gratian treats at length, dist. 36. can. Qui Ecclesiasticis. In the Council of Trent, however, sess. 22. cap. 2. de Reform., it is required that the Bishop to be chosen be a master or Doctor or Licentiate in Canon law or in Theology, or at least have the public testimony of some Academy that he has advanced so far in either of these sciences that he can teach others; and if he is a religious, such testimony is required from his own Prelates.

WHICH of the two is more necessary: Hostiensis and Panormitanus, ad cap. 1. de affinit. et consang., say that where heresies are raging, Theology is more useful; elsewhere, however, Canon law.

I SAY, however, that Theology is simply more useful. So Valentia, quaest. 1. puncto 1., Sotus, lib. 3. de Iust. quaest. 2. art. 6., Cajetan here, and others. The reason is, because the Bishop must above all instruct the people in the mysteries of the faith, according to that word, Matth. ultimo: Praedicate Euangelium; and Theology teaches this above all. Therefore when a Bishop is ordained, he is asked, not whether he knows Canon law, but both testaments.

The THIRD part of a Bishop is greatness of soul and constancy, for the Bishop must resist tyrants and heretics. Likewise he must punish the wicked, even the powerful. Hence that word of Ecclesiasticus 7. is to be weighed by a Bishop: Noli fieri iudex, nisi valeas virtute irrumpere iniquitates: ne forte extimescas faciem potentis. Hence Hierem. 1. Ne formides a facie eorum, and Ezech. 3. Ecce dedi faciem tuam valentiorem faciebus eorum, frontemque duriorem frontibus eorum. Hence Timoth. 3. Argue, obsecra, increpa, etc. But it must be noted that this severity is to be tempered with mildness. Of which D. Leo admonishes the Bishops, epist. 90., and Concil. Trident. sess. 13. cap. 1. de Reform. All of which the holy Doctor pursues at length, lib. 2. de Eccl. Hierarch. and the opusc. de sex alis Seraphim, as I shall say presently.

FINALLY, who does not know that prudence is necessary for a Bishop? For the governance of souls is the art of arts, as D. Gregory says at the beginning of his Pastoralis.

S. Bonaventure published an INTEGRAL little work on this matter, which bears the title: de sex alis Seraphim, so that it may be understood that Bishops ought to be like those Seraphim who stood beside the altar of God, adorned with six wings, duabus velabant faciem, duabus pedes, et duabus volabant, Isa 6.

The holy Doctor PROFESSES, however, that in this he follows the Apostle, and assigns those conditions of Bishops which he himself handed down to Timothy in two epistles, ut scias (ait 1. cap. 3.) quomodo oportet te in domo Dei conversari, quae est Ecclesia Dei: For thus he addresses him whom he had made Bishop of the Church of Ephesus.

He PREMONISHES, however, with D. Bernard, that not all who are good in themselves are fit for governance, but that they ought to shine with relative goodness. Hence in Exodi 18. Moses is commanded to choose men knowledgeable and fit for governance. Certainly he must first be good in himself, that he may imitate Christ, qui coepit facere, et docere, Actorum 1.

He ADMONISHES also that some exercise and practice are necessary, as I said above; for those who are beginners are not fit masters, but need a master, Heb. 5. Indigetis, ut vos doceamini, quae sint elementa exordii sermonum Dei: egent enim sicuti filii a matre retrahi a periculis, Proverb. 2. servabit te, ut eruaris de via mala, et ab hominibus, qui perversa loquuntur.

THEREFORE those who must be masters of others are bound to be so illuminated that, going with unoffending foot, they may lead others safely, as it is said, first Cor. 10: Sine offensione estote Iudaeis, et Gentibus. They must be so humble that they are neither lifted up by prosperity nor cast down by adversity, that they refer all excesses of thought, speech, and omission to the goldsmith's balance, judge subtly, and in all these things are so firm from habit that they cannot be changed from their state by any levity, or distraction, or difficulty, or fear. Hence the Apostle, Rom. 8. Quis nos separabit a Charitate Christi? etc. But because few attain so great a goal of perfection, they need to be subject, in such a way that they shine with those virtues by which they obey their Prelates, and by which they preside over their subjects; that they may live irreprehensibly.

Although they OUGHT to have all the virtues, nevertheless, because the senary number is the first of perfect numbers, constant in its own kind of perfection from its aliquot parts; therefore the good Rector of souls is bound to be endowed as it were with six wings of the Seraphim, that he may shine forth among the more eminent hosts of the heavenly spirits.

The FIRST wing of the Bishop is zeal for justice, whereby he is not able to sustain anything unjust without a murmur of heart, in himself and in others. For a man is so much the better as he is further from evil; for as much as a thing is loved, so much is one grieved at its destruction. These imitate Christ the supreme Pastor, who, although he was blessed in himself, was not content unless, having taken the form of a servant, he drew men back from evil, and brought the sons with him into glory, as it is said ad Heb. For zeal for justice burns with the charity of God and neighbor, charitas autem non quaerit, quae sua sunt, primo Cor. 13.

THEREFORE the true Zealot of justice takes heed first, lest he do or teach evil; then, lest he permit it in his subjects, lest he perish together with his sons as Heli did, 1. Reg. 4. Therefore Ezech. 33. si non fueris locutus, ut custodiat se impius a via sua: ipse impius in impietate sua morietur, sanguinem autem eius de manu tua requiram. Let the good zealot therefore show how much he loves God, in that he promotes what is pleasing to him in himself and in others, and let him not grow soft in this zeal through sloth.

The SECOND wing of this Ecclesiastical Seraph is piety, or fraternal compassion, so that as the charity of God inflames to zeal for justice, so fraternal love should fashion toward piety. For even if the rod that strikes is owed to vices, yet the staff that sustains is necessary to infirmity, the Prophet saying, Psal. 22. Virga tua, et baculus tuus, ipsa me consolata sunt.

So also that Samaritan poured into the wounds of the half-dead wounded man wine of burning zeal, and oil of soothing piety.

SEE S. Bonaventure, drawing out by parallels with the cures of infirmities the Prelates to piety. For this, moreover, it can help if they themselves have experienced necessities; thus of Christ it is said, Heb. 4. Non habemus Pontificem, qui non possit compati infirmitatibus nostris.

They must, HOWEVER, have compassion on their sheep, taking the example of Jacob, Genes. 33. Nosti quod parvulos habeam teneros, et oves, et boves faetas mecum: quas si plus in ambulando fecero laborare, morientur una die cuncti greges. Therefore from the more distinguished Rectors of the old testament, the chief ones were taught in the school of the Pastors.

OR, if you prefer, let them take an example from mothers and nurses, as it is said, first Thessal. 2. For on the contrary the Lord complains of the hard ones, Ezech. 34. Quod infirmum fuit, non consolidastis, et quod aegrotum, non sanastis, et quod confractum, non alligastis, et quod, perierat, non quaesivistis. Therefore D. Bernard says, serm. 23. in Cant. Ut quid gravatis iugum vestrum, cum cernitis Discipulorum, quorum vos potius iugum portare debetis? Ponite onera, producite ubera, pectora lactate, quiescant: Et si interim severitate opus sit, paterna sit, non tyrannica, iuxta illud numer. 11. Porta eos in sinu tuo, sicut portat mulier infantulum suum, et defer in terram pro qua iurasti, etc.

The THIRD wing of the Ecclesiastical Seraph is patience, and constant longsuffering: and this is certainly necessary for many reasons that press in. Under the shade and roof of this tabernacle the interior parts were clean, and it received the dusts, rains, and hailstones. So the Hen exposes herself to the Kite for her chicks.

FIRST of all, patience is necessary for the Bishop on account of the manifold labors, cares, and occupations, not only in spiritual things but also in temporal ones; for often he is bound to provide temporal things also for his subjects, as Paul narrates of himself and of the other Apostles, Galat. 2. So also the Lord, the crowds whom he had nourished with his word, he also fed with bread, Marci 6.

VARIOUS OCCUPATIONS also, as much from domestic cares as from external matters, break a man, as Moses confessed of himself, Deuter. 1.

NEXT, patience is necessary for the slow progress of those for whom he labors, and for their ingratitude, for whom he expends his sweats, undermines his health, and consumes his life.

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.