Pellegrini (Peregrini et Vagi)

PELLEGRINI (PEREGRINI ET VAGI) - In canon law, a peregrinus is one who for any reason is momentarily in a place other than that in which he has his domicile (v.) or quasi-domicile (CIC, can. 14); a vagus is one who possesses neither domicile nor quasi-domicile (ibid.).

In relation to these particular situations, such persons sometimes see their juridical capacity modified in the various spheres of application of canon law. In particular: 1) peregrini are not subject to the particular laws of their territory when they sojourn outside it, even if they have done so in order to evade a prohibition of the law (can. 13 § 2), except in the case where the transgression of the law causes harm to the territory of origin or where personal laws are involved (can. 14 § 1, n. 1). 2) They are not bound to observe the particular laws in force in the territory in which they find themselves. For, lacking the requirement of domicile or quasi-domicile, they are not subjects of the Ordinary who legislates for the place. Exceptions are nevertheless the laws that are issued specifically for peregrini, the laws that protect public order, and those that regulate the form and solemnity of acts (locus regit actum); general laws, even if they are not in force in their own territory, provided they are in force in the place where they find themselves (can. 14 § 1, n. 3).

Vagi are subjected by the CIC to the law and jurisdiction of the place where they find themselves (can. 14 § 2). Since, like incolae, vagi are subjects of the Ordinary, the latter can issue special laws for them (v. cann. 91, 92, 94, 881, 1032, 1097 etc.). It is clear, however, that such laws bind simply for the entire time during which the vagi remain in that territory. Peregrini, notwithstanding their distance from the place of their domicile or quasi-domicile, remain subjects of their own parish priest or Ordinary. However, if these cannot render their office to their own subjects who are peregrini, then the parish priest and the Ordinary of the place in which the peregrini find themselves take over, and they can exercise particular powers toward them. Thus the local Ordinaries and parish priests can also dispense peregrini from the law of fasting and abstinence (can. 1245 § 1); they can exercise all the faculties granted in danger of death and in urgent cases, also toward peregrini, in accordance with cann. 1043-45. Ordinaries can dispense peregrini from non-reserved vows (can. 1313, 1°) and from a promissory oath (1320). All these provisions, however, since no general juridical principle exists in favor of peregrini, are of strict interpretation.

Ordinaries and parish priests have many faculties toward peregrini and vagi also in matters of the Sacraments (v. under the individual entries).

Francesco Ercolani