PELLEGRINI (PEREGRINI ET VAGI)

PELLEGRINI (PEREGRINI ET VAGI) - According to canon law, a peregrinus is one who for any reason is temporarily in a place other than that where they have their domicile (v.) or quasi-domicile (CIC, can. 14); a vagus is one who possesses neither a domicile nor a quasi-domicile (ibid.).

In relation to these particular situations, such persons sometimes see their legal capacity modified in the various spheres of application of canon law. In particular: 1) p. are not subject to the particular laws of their territory when they are staying away from it, even if they did so to evade a prohibition of the law (can. 13 § 2), except in the case where the transgression of the law causes harm to their place of origin or when personal laws are involved (can. 14 § 1, n. 1). 2) They are not bound to observe the particular laws in force in the territory where they happen to be. In fact, lacking the requirement of domicile or quasi-domicile, they are not subjects of the Ordinary who legislates for that place. Exceptions are nevertheless made for laws enacted specifically for p., laws that protect public order, those that regulate the form and solemnity of acts (locus regit actum), and general laws, even if they are not in force in their own territory, provided they are in force in the place where they are located (can. 14 § 1, n. 3).

Vagi are subjected by the CIC to the law and jurisdiction of the place where they are found (can. 14 § 2). Since, like incolae, vagi are subjects of the Ordinary, the latter may issue special laws for them (v. cann. 91, 92, 94, 881, 1032, 1097, etc). It is clear, however, that such laws are binding only for the entire time that the vagi remain in that territory. P., despite their distance from the place of their domicile or quasi-domicile, remain subjects of their own pastor or Ordinary. However, if these latter cannot exercise their office toward their p. subjects, the pastor and the Ordinary of the place where the p. are located step in, and they can exercise particular powers toward them. Thus, local Ordinaries and pastors can dispense even p. from the law of fast and abstinence (can. 1245 § 1); exercise all faculties granted in danger of death and in urgent cases also toward p. in accordance with cann. 1043-45. Ordinaries can dispense p. from non-reserved vows (can. 1313, 1°) and from promissory oaths (1320). All these provisions, however, in the absence of a general legal principle in favor of p., are subject to strict interpretation.

Ordinaries and pastors have many faculties regarding p. and vagi also in matters of Sacraments (v. under the individual entries).