RESIDENZA. — Etymologically (from residere) it indicates the place of prolonged, almost permanent and definitive stay, and is therefore synonymous with dwelling. In canon law it denotes the obligation incumbent upon clerics in general, and in particular upon holders of benefices, to reside permanently in the place of the office attached to the benefice they have received. The canonical concept of residence entails, in addition to physical presence, the active fulfillment of the duties connected with the benefice, i.e., the discharge of the officium.
Already at the Council of Nicaea (A.D. 325; cf. can. 6) the obligation of residence was established for priests, deacons, and clerics in general. Some hold that for bishops a similar obligation had already been decreed previously. In any case, it is certain that laws on this matter were soon issued for them as well. In the Middle Ages penalties were also established against bishops who violated the obligation of residence. However, with the introduction of vicars general, the law of residence was observed even less by bishops, and negligence persisted despite the authority’s admonitions, until the Council of Trent; indeed, at that time the evil had worsened due to the simultaneous holding of multiple benefices or multiple episcopal sees, often by a single cleric or bishop. The Council of Trent addressed the issue intermittently by prohibiting the cumulation of benefices and establishing new norms on the obligation of residence. The Tridentine legislation was later taken up by the popes Gregory XIII, Clement VIII, Urban VIII, and Benedict XIV for further specification and updating. From Benedict XIV (cf. const. Ad universae of 3 Nov. 1746) until the 1917 Code of Canon Law, the legislation remained virtually unchanged, and the current canonical discipline essentially reproduces the previous one.
Canon 143 establishes the general principle of residence for every cleric, who, upon incardination in a particular diocese, is bound to reside there and not to absent himself for a considerable period without at least tacit permission from his Ordinary.
According to can. 238 CIC, cardinals are obliged to reside in Rome: in the Curia, as the canon states, recalling thus the native place of their office and hence of their residence. Already Leo X, with the constitution Supernae dispositionis of 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 iuxta of 12 Feb. 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 leave Rome without the express license of the Pope. Two exceptions are contemplated in this regard. The first concerns the cardinal bishops of the suburbicarian dioceses, who are not obliged to seek the permission of 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 reside in the diocese entrusted to them; when they come to Rome, however, they must immediately present themselves to the Pope and may not depart without his permission (can. 238 § 3).
The Church has been most vigilant in requiring bishops to observe the law of residence. The Council of Trent discussed the problem at length and with vigor (cf. sess. VI, cap. 1; sess. XXIII, cap. 1). 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 by the same Pontiff; the constitution Sancta Synodus of 12 Dec. 1634 by Urban VIII; the constitution Quia Ecclesia of 26 July 1662 by Alexander VII; the Ubi primum of 3 Dec. 1740 by Benedict XIV, the Grave of 15 Aug. 1741, and the constitution Ad universae of 3 Sept. 1746 by the same Pontiff). The current legislation on residence for bishops is contained in can. 338. § 1 establishes the fundamental norm of the bishop’s personal residence in the diocese entrusted to him and expressly states that the obligation obtains even if the bishop has a coadjutor. Regarding vacations, it is established that the bishop may take at most three months per year, continuously or intermittently, provided that he is certain in advance that his absence will not cause harm. Vacations may not be combined with other legitimate absences (such as for promotion, an ad limina visit, or participation in councils) or with the following year’s vacation. § 3 enjoins the obligation to be present at the cathedral church on the days of Advent, Lent, Christmas, Easter, Pentecost, and Corpus Christi, unless grave and urgent reasons compel him to be elsewhere. The metropolitan is obliged to report to the Holy See any suffragan bishop who has unlawfully been absent from his diocese for more than six months; if the metropolitan himself has fallen into the same fault, the duty of reporting him to the Holy See devolves upon the senior suffragan bishop by residence (can. 338 § 4).
Apostolic vicars and prefects, like bishops, are bound to reside in the mission territories entrusted to them. Unlike bishops, they do not enjoy the faculty of taking a vacation period of two or three months, and when they are compelled to absent themselves, even for a grave and just reason, they must seek permission from the Holy See (can. 301 § 1).
In the same manner and under the same conditions as the bishop, the capitular vicar is bound to observe the law of residence (can. 440).
Following the Tridentine legislation (cf. sess. XXIV, cap. 12) and based on ancient and recent practice of the Roman Congregations, especially the Council, which has expressed itself in numerous decisions, the 1917 Code of Canon Law, in cann. 418–419, regulates the obligation of residence for canons. Canons and beneficiaries are bound to reside in the place of their benefice and may absent themselves for three months per year, continuously or intermittently, provided this is not prohibited by chapter statutes or legitimate custom (can. 418 § 1). They are forbidden from taking vacations on the days of Advent, Lent, and the principal feasts of the year (namely, Christmas, Easter, Pentecost, and Corpus Christi; cf. can. 338 § 3) without a legitimate cause and without the special permission of the bishop; canons absent at the same time must not exceed one-third of the entire chapter (can. 418 § 2). A canon absent during the vacation period receives only the proceeds of the benefice or two-thirds of the distributions if the prebend consists solely of these (can. 418 § 3). On days when canons 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 (can. 465) must also reside at his parish; however, the Ordinary may permit him to reside elsewhere, provided the distance is not such as to prejudice pastoral activity (can. 465 § 1). He is permitted a period of absence from the parish not exceeding two months, unless for just causes, at the judgment of the Ordinary, he requires a longer period or it should be shortened for him (can. 465 § 2). In the two-month period, the days which the parish priest spends, even annually, on spiritual exercises are not to be counted (can. 465 § 3). For a period of absence from the parish exceeding 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 granted by the religious Superior (can. 465 § 4). If the parish priest has had to leave his parish urgently without being able to notify the Ordinary beforehand, he is bound to write to him as soon as possible, informing him of the reason for his departure and the name of the priest substituting for him (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 in cases of grave necessity.
This legislation, like that concerning bishops, has very ancient precedents. In addition to the Council of Trent (cf. sess. VI, cap. 2; sess. VII, cap. 3; sess. XXIII, cap. 1), there have been no lack of Apostolic constitutions on the matter (cf. *In suprema* of Pius IV of 25 Nov. 1564 § 1, 2; *In confide rendis* of St Pius V of 18 March 1567 and of the same Pope the *Capitane* 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 dean, if he holds a parish in title, is bound to reside in it like the parish priest; otherwise, he must reside in the territory of the deanery or in a nearby place, according to the bishop’s dispositions (can. 448 § 2).
The assistant priests are bound to observe residence according to their specific status. The curate vicar, the economic vicar, and the substitute vicar are bound in the same manner as the parish priest (can. 471 § 1, 473 § 1, 474). The assistant priest must reside in the parish in conformity with diocesan statutes or custom or as determined by the bishop; and the CIC recommends that the bishop, in accordance with can. 134, arrange for the assistant priest to reside in the parish house in common life with the parish priest (can. 476 § 5). For reasons of work, the diocesan consultors are bound to reside at the episcopal see or in places nearby (can. 425).
Religious Superiors are urged by the CIC to have their religious house where they are to reside permanently and not to leave it except in conformity with their constitutions (can. 508).
The present canonical legislation also provides penalties for clerics who do not reside. The holder of an office, benefice, or dignity with the obligation of residence, if he unlawfully remains away from the place of residence, is ipso facto deprived of the revenues of the benefice or office in proportion to the duration of his absence and must cede them to the Ordinary, who will apply them to the church or for a more urgent cause or may even distribute them to the poor (can. 238 n. 1); the offender may also be deprived of the office, benefice, or dignity (can. 238 n. 2); but to inflict such a penalty the Ordinary must proceed in accordance with cann. 2168–75. That is, the Ordinary must first warn the offender that he will lose the office or benefice if within a certain time he has not resumed residence; it will be the Ordinary’s duty in the meantime to provide for the spiritual needs of the faithful (can. 2168; cf. can. 188, n. 8). If within the time fixed the negligent cleric has not resumed residence nor notified the reasons for his absence, the Ordinary will declare the parish or benefice vacant (can. 2169; cf. 2149). If the cleric resumes residence, the Ordinary will deprive him of the revenues of the prebend in proportion to the duration of his unlawful absence and may inflict other penalties according to the gravity of his fault (can. 2170). If, however, the cleric does not resume residence but adduces justifications for his absence, the Ordinary, having made suitable inquiries, will judge with two assessors on the validity of the reasons (can. 2171) and, if he finds them unfounded, will again order the cleric to resume residence within a certain time, with the obligation of not receiving the fruits of the prebend for the period of absence.