Residence

RESIDENCE. - Etymologically (from residere) it indicates the place of prolonged, almost permanent and definitive stay, and is therefore synonymous with dwelling. In canon law it indicates the obligation that clerics in general, and in particular the holders of benefices, have to reside stably in the place of the office annexed to the benefice held. The canonical concept of residence entails, besides material presence, the industrious performance of the duties joined to the benefice, that is, the fulfillment of the officium.

Already at the Council of Nicaea (a.d. 325; cf. can. 6) the obligation of residence for priests, deacons and clerics in general was sanctioned. And there are those who hold that for bishops such an obligation had already been decreed previously. In any case it is certain that laws on the matter were issued for them as well immediately after that era. In the Middle Ages penalties were also established against bishops who transgressed the obligation of residence. But with the introduction of vicars general the law of residence was even less observed by bishops, and the negligence, despite the appeals of authority, persisted until the Council of Trent; indeed, at that time the evil had worsened because of the simultaneous possession of several benefices or several episcopal sees, which was often held by a single cleric or a single bishop. The Council of Trent acted beneficially by prohibiting the cumulatio beneficiorum and by laying down new norms on the obligation of residence. The Tridentine legislation was subsequently taken up, for greater specification and updating, by the pontiffs Gregory XIII, Clement VIII, Urban VIII and Benedict XIV. From Benedict XIV (cf. the constitution Ad universae of 3 Nov. 1746) down to the CIC the legislation remained almost unchanged. And the current canonical discipline substantially reproduces the preceding one.

In can. 143 the general principle of residence is laid down for every cleric, who, following his incardination in a determined diocese, remains obliged to reside there, and not to depart from it for a notable period of time without the permission, at least tacit, of his Ordinary.

On the basis of can. 238 CIC the cardinals are obliged to reside in Rome: in the Curia, the canon states, thus recalling the native place of their office and therefore of their residence. Already Leo X with the constitution Supernae dispositionis of 5 May 1514 (cf. § 28), Paul IV with the constitution Cum venerabiles of 22 Aug. 1555 (cf. § 1) and subsequently Innocent X with the constitution Cum iusta of 12 Febr. 1646 (cf. § 1) and Pius IX with the apostolic letter Quamquam illius of 29 Sept. 1867 had decreed and regulated the obligation for cardinals to reside permanently in Rome. According to the canon already cited, they are not permitted to depart from Rome without the express license of the Pontiff. Two exceptions are contemplated in this regard. The first concerns the cardinal bishops of the suburbicarian dioceses, who are not obliged to ask permission from the Holy Father whenever they deem it opportune to go to the diocese entrusted to them (can. 238 § 2). The second concerns the cardinal bishops of non-suburbicarian dioceses, who are bound to residence in the dioceses entrusted to them; when, however, they come to Rome they must immediately present themselves to the Pope and must not depart again without his permission (can. 238 § 3).

The Church has been very vigilant in requiring of bishops the observance of the law of residence. At the Council of Trent the problem was discussed at length and with liveliness (cf. sess. VI, cap. 1; sess. XXIII, cap. 1). And the Supreme Pontiffs themselves repeatedly issued provisions on the matter (cf. the constitution De salute gregis of Pius IV dated 4 Sept. 1560 and the In suprema of 25 Nov. 1564 of the same Pontiff; the constitution Sancta Synodus of 12 Dec. 1634 of Urban VIII; the constitution Quia Ecclesia of 26 July 1662 of Alexander VII; the Ubi primum of 3 Dec. 1740 of Benedict XIV, the Grave of 15 Aug. 1741 and the constitution Ad universae of 3 Sept. 1746 of the same Pontiff). The current legislation on residence for bishops is contained in can. 338. In § 1 the fundamental norm of the personal residence of the bishop in the diocese entrusted to him is sanctioned, and it is expressly established that the obligation subsists even in the case in which the bishop has a coadjutor. With regard to vacations it is established that the bishop may take at most three months a year, continuously or intermittently, provided it is first certain that his absence will do no harm. The vacation may not be combined with other absences, even legitimate ones (such as for promotion, for the visit ad limina, for participation in councils) or with the vacation of the following year. § 3 enjoins the obligation to be at the cathedral church on the days of Advent, Lent, Christmas, Easter, Pentecost and Corpus Domini, unless grave and urgent reasons compel him to stay elsewhere. The metropolitan has the obligation to denounce to the Holy See the suffragan bishop who has been absent from his diocese without authorization for more than six months; if the metropolitan himself has fallen into the same omission, the duty of denouncing him to the Holy See falls to the suffragan bishop most senior by residence (can. 338 § 4).

Vicars and apostolic prefects are bound, like bishops, to reside in the mission territories entrusted to them. Unlike bishops, they do not enjoy the faculty of being able to take a period of vacation of two or three months, and when they are compelled to depart, even for a grave and just reason, they must ask permission from the Holy See (can. 301 § 1).

In the same manner and in the same forms as the bishop, the capitular vicar is bound to the observance of the law of residence (can. 440).

Following the Tridentine legislation (cf. sess. XXIV, cap. 12) and on the basis of the ancient and recent practice of the Roman Sacred Congregations, especially of the Council, expressed in very numerous decisions, the CIC, in cann. 418-19, regulates the obligation of residence for capitulars. Canons and beneficed clergy are bound to reside in the place of the benefice and may depart from it for three months a year, continuously or intermittently, provided this is not forbidden by the capitular statutes or by legitimate custom (can. 418 § 1). They are forbidden to take their vacation on the days of Advent, of Lent and on the principal feasts of the year (that is to say Christmas, Easter, Pentecost and Corpus Domini; cf. can. 338 § 3), without a legitimate cause and without the special permission of the bishop; capitulars absent at the same time must not exceed a third of the entire chapter (can. 418 § 2). The capitular absent for the vacation period receives only the revenues of the benefice or two thirds of the distributions if the prebend consists solely of these (can. 418 § 3). On the days on which capitulars are exempt from the obligation of choir they are not bound to reside in the place of the benefice (can. 419 § 1).

The parish priest too (can. 465) must reside near his parish; the Ordinary may nevertheless permit him to dwell elsewhere, provided the distance is not such as to be detrimental to pastoral activity (can. 465 § 1). He is permitted a period of absence from the parish of not more than two months, unless for just causes, in the judgment of the Ordinary, nary, does not need a longer period or it must be shortened for him (can. 465 § 2). In the two-month period there must not be counted the days that the parish priest spends, even every year, on spiritual exercises (can. 465 § 3). For a period of absence from the parish of more than one week, the parish priest must have the written permission of his Ordinary and leave in his place a substitute approved by the Ordinary, and if the parish priest is a religious the aforesaid permission must also be issued by the religious Superior (can. 465 § 4). In the case in which the parish priest has had to leave his r. out of urgency, without having been able beforehand to notify the Ordinary, he is bound to write to him as soon as possible, notifying him of the reason for the departure and the name of the substitute priest (can. 465 § 5). For any absence, even a brief one, the parish priest is bound to provide for the spiritual needs of the faithful, especially if it is a question of grave needs.

This legislation too, like that concerning bishops, has very ancient precedents. Besides the Council of Trent (cf. sess. VI, cap. 2; sess. VII, cap. 3; sess. XXIII, cap. 1), apostolic constitutions on the matter have not been lacking (cf. In suprema of Pius IV of 25 Nov. 1564 § 1, 2; In conferendis of St. Pius V of 18 March 1567 and of the same Pope the Cupientes of 13 July 1568; Ad militantis of 30 March 1742 of Benedict XIV and of the same Pope the Firmandis of 6 Nov. 1744).

The vicar forane, if he holds a parish as his title, is bound to reside in it like the parish priest; otherwise he must dwell in the territory of the vicariate or in a place not far distant, according to the dispositions of the bishop (can. 448 § 2).

Parochial vicars are bound to observe the r. according to their specific quality. The curate vicar, the economus vicar and the substitute vicar are bound in the same forms as the parish priest (cann. 471 § 1, 473 § 1, 474). The coadjutor vicar must reside in the parish in conformity with the diocesan statutes or with custom or in conformity with what the bishop has established; and the CIC recommends to the bishop to arrange — in accordance with can. 134 — to have the coadjutor vicar dwell in the parochial house in common life with the parish priest (can. 476 § 5).

For reasons of work, the diocesan consultors are bound to reside in the episcopal see or in places near to it (can. 425).

Religious Superiors are exhorted by the CIC to have their own religious house where they may reside permanently and not to leave it except in conformity with the constitutions (can. 508).

Current canon law also provides the penalties for non-resident clerics. The holder of an office, of a benefice or of a dignity with the burden of r., if he unlawfully stays away from the place of r., is forthwith deprived of the revenues of the benefice or office in proportion to the duration of the absence and must hand them over to the Ordinary, who will destine them for the church or for a more pressing cause or may even distribute them to the poor (can. 2381 n. 1); the transgressor may also be deprived of the office, the benefice or the dignity (can. 2381 n. 2); but to inflict such a penalty the Ordinary must act in conformity with cann. 2168-75. The Ordinary must, that is, first warn the transgressor that he will lose the office or benefice if within a determined time he has not resumed the r.; it will be the Ordinary's care to provide in the meantime for the spiritual needs of the faithful (can. 2168; cf. can. 188, n. 8). If within the established time the negligent cleric has not resumed the r. nor notified the causes of the absence, the Ordinary will declare the parish or the benefice vacant (can. 2169; cf. 2149). In the case in which the cleric resumes residing, the Ordinary will deprive him of the revenues of the prebend in proportion to the duration of the unlawful absence and may inflict other penalties on him according to his culpability (can. 2170). When instead the cleric does not resume the r. but adduces justifications for his absence, the Ordinary, having gathered appropriate information on the matter, will judge with two examiners on the soundness of the reasons (can. 2171) and, if he finds them unfounded, will again order the cleric to resume the r. within a certain time with the burden of not receiving the fruits of the prebend for the time of the absence

(cann. 2171-72). In the case of a removable parish priest who has not resumed residence within the fixed time, the Ordinary may without further ado deprive him of the parish; in the case, however, in which such a parish priest has resumed residence within the time established for him, the Ordinary shall order him to no longer absent himself without his written permission, and this under penalty of deprivation of the parish (can. 2173). If the benefice is instead irremovable and the negligent cleric, while not resuming residence, has nevertheless brought forward further reasons in his justification, the Ordinary shall examine them in the manner stated above, and, should he find them unfounded, shall order the cleric to resume residence within the time previously fixed or shall set him a new term under penalty of deprivation of the benefice, to be incurred ipso facto; and he shall declare him deprived of the benefice if in fact he has not resumed residence within the established time; in the case, however, in which he has resumed residing, he shall be imposed the obligation of requesting permission each time he wishes to absent himself, as for the removable parish priest (can. 2174). The Ordinary may not declare any benefice vacant unless, besides having weighed with two examiners the reasons brought forward by the non-resident cleric, he has also ascertained whether the cleric was or was not in a position to request from him the written permission, as required (can. 2175).

Vincenzo Fagiolo