Enciclopedia Cattolica Vol. X, 1953 Canon & civil law Particular questions

Rector

RETTORE

Italian original Cite

RECTOR. — From regere, it denotes in itself one who is the head of an institution. In common language it is often synonymous with director or superior (in superior the concept of authority and jurisdiction predominates; in director the concept of guidance — hence spiritual director —; in rector, on the other hand, the idea of governance prevails). In ecclesiastical legislation the name today designates, in particular, the rector of a church, of a seminary, of a university.

I. RECTOR OF A CHURCH (rector ecclesiae)

In ancient law, especially in the Decretals (cf. III, 6, 3; III, 48, 3), rector ecclesiae was one of the names by which the holder of the care of souls was designated, whom the Council of Trent (cf. sess. XXIV, decr. Tametsi and cap. 13 de ref.) definitively called parochus (v. PARROCO). In the CIC the expression rector ecclesiae has a twofold sense: generic and specific. The first denotes every ecclesiastic who has the direct responsibility of a church, whether he is the parish priest or not (cf. cann. 216 § 1; 804 § 2; 846 § 2; 1162 § 3; 1289 § 2; 1302; 1535; 1536); the second indicates the priest to whom is entrusted a simple or lesser church, which does not entail the care of souls: not parochial, not capitular, nor properly religious (can. 479 § 1; cf. can. 451 § 1). In this sense, rector of a church is opposed above all to parish priest (cf. can. 1341 § 2). The relevant norms of the CIC (l. II, tit. 8, cap. 11: De ecclesiarum rectoribus [cann. 479-86]) constitute a juridical novelty, regulating for the first time the appointment or approval of the rector and his removal, and determining the religious functions that he may celebrate, with the criterion that no harm be done to the parochial ministry.

The principal duties of the rector (can. 485) are the decorum of the church, the fulfillment of the obligations arising from legacies or pious foundations (cf. can. 1549), the right administration of goods (cf. cann. 1182 § 3, 1525 and 1535-36), the preservation of the sacred furnishings (cf. can. 1302) and of the relics (cf. can. 1289), the care of the archive (can. 383). If for a part of the people his church should find itself in a more favorable position than the parochial one, the Ordinary can impose on him, for the convenience of the faithful, to supply for the parish priest in the celebration of the divine Offices and in religious instruction (can. 483).

When the church has juridical personality, the rector is its legitimate representative, even if the fabbriceria is annexed to the church (v. FABBRICA E FABBRICERIA). Thus it was defined by R. D. 26 Sept. 1935, n. 2031, whose norms replace some of those contained in the Regolamento 2 Dec. 1929 for the execution of the law 27 May 1929, n. 848, in application of the Concordat between the Holy See and Italy. Art. 8 of this law calls "rectory" (which in itself means the relative ecclesiastical office) the premises destined for the dwelling of the rector, insofar as they constitute "a dependency, a necessary accessory of the Church" (Relazione Rocco). Hence the provision inserted in the same article, whereby the municipalities and provinces possessing the former-convent buildings, devolved to them by the law 7 July 1866 (art. 20) or by similar suppressive laws, must release, without any indemnity, "a suitable part to be destined as the rectory of the annexed church, preserved for public worship."

The chaplains have affinities with the rectors of churches, but a different juridical figure (can. 479 § 2): priests stably assigned to religious service in communities, confraternities, pious associations, as well as in prisons, hospitals, or the army.

II. RECTOR OF THE SEMINARY

He is the immediate and ordinary superior of the pious institute (can. 1358; cf. can. 891), on whom all depend — superiors, professors and students (cans. 1360 § 2 and 1369 § 1). Saving the direction of consciences, which is reserved to the spiritual director, the rector regulates everything concerning the external forum: the moral, academic, hygienic and economic conduct of the institute. Therefore the CIC prescribes that no one be elected rector unless he has such gifts of virtue, learning and prudence as to influence deeply, by example and word, the minds of the young (can. 1360 § 1).

The rector of diocesan seminaries is freely appointed by the bishop. That of regional seminaries, if entrusted to the secular clergy, is appointed by the S. Congreg. of Seminaries; if to the regular clergy, by the respective superior general, with the approval of the same S. Congregation. The rectors of regional seminaries in mission lands are appointed, on the proposal of the superior general, by the S. Congreg. of Propaganda Fide. The rector must be in continuous contact with the authority on which he depends, without whose approval no measures of importance may be taken. Like the teachers, he is bound to make the profession of faith (can. 1406 § 1, n. 7). At least the rectors of major seminaries have the right to participate in the diocesan synod (can. 358 § 1). The rectors of regional seminaries have the duty of a full report on the state and conduct of the institute for the episcopal conference of the respective region.

Since the seminary is an entity exempted from parochial jurisdiction, the rector also fulfills, for all those who live together in the pious institute, the office of parish priest (can. 1368); but, given the principle of the distinction of the two forums, he cannot hear the confessions of the students (can. 891). If a church open to the public is annexed to the seminary, he is its rector ipso iure, unless the Ordinary has provided otherwise (can. 480 § 3). Since the seminary has its own juridical personality, the rector is its legitimate representative. Before the CIC, jurisprudence, in conformity with the Council of Trent (which does not consider the figure of the rector: cf. sess. XXII, cap. 1 de ref.), held the bishops to be the representatives of seminaries. In the absence, however, or default of the rector, the Ordinary himself supplies, to whom is entrusted the protection and supervision of all ecclesiastical moral persons of the diocese (cf. can. 1653 § 5). In the exercise of his office, the rector is assisted by one or more vice-rectors, according to the number of students. A juridical figure similar to his is that of the rector (or director) of a college (cf. cans. 480 § 3 and 891).

III. RECTOR OF A UNIVERSITY (Rector magnificus)

He is the one who has its immediate government. In state universities, as in Italy, he is the first academic authority; in Catholic ones or those of ecclesiastical studies, he is the second, inasmuch as he is subject to the grand chancellor.

According to the university legislation for ecclesiastical studies — the apostolic constitution Deus scientiarum Dominus (v.) and the annexed Ordinationes for its application — the rector (called president if the athenaeum has only one faculty) is appointed by the S. Congreg. of Seminaries and Universities on the proposal of the grand chancellor; if by particular law — specified in the Statutes proper to the individual entities — his appointment belongs to others, the confirmation of the same S. Congregation is always required (art. 16). Bound to the profession of faith before the grand chancellor, he receives that of the professors. He convokes the Council, over which he presides by right; he regulates the entire scientific and disciplinary conduct of the university; he has the duty to follow ideological currents, denouncing reprehensible publications to the competent authority (cf. can. 1397 § 1).

The name of rector, preserved in the French, Italian, German and similar traditions, is linked to the rectores of the student associations (nationes) of the ancient University of Paris. The English tradition, on the other hand, has retained the primitive medieval name of chancellor (chancellor, cancellarius); in the United States of America that of president prevails.

Italian legislation (fundamental is the R. D. of 30 Sept. 1923, n. 2103) distinguishes the rector, juridical head of the university, from the director, head of a higher or university institute. Rectors and directors are elected (today collegially by the academic body) from among the full professors. The rector is a member by right, with the quality of president, of the academic senate and of the board of administration. The rector or director represents the university or the institute, and is the executive organ of the entity (Regol. univ., 6 Apr. 1924, arts. 6 and 9).

Bibliography7 works
BIBL.: L. Fanfani, De iure parochorum, Turin 1924, pp. 383-93; L. M. Agius, De ecclesiarum rectoribus, ibid. 1931; G. Stocchiero, Enti e beni eccl. in Italia dopo il Concordato, 4th ed., Vicenza 1937; id., Il Codice del clero ital., 2nd ed., ibid. 1937; id., Il beneficio eccl., 2 vols., ibid. 1942-46; id., Pratica pastorale, 10th ed., ibid. 1947 (especially nos. 33-37). See also A. M. Micheletti, De rectore seminarium clericalum, Rome n. d. (ca. 1900); G. Moschetti, Bibliogr. Iuris canonici, Rome 1942, p. 78 ff.

Igino Cecchetti

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By Igino Cecchetti

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Translated from the Enciclopedia Cattolica, vol. X (1953), coll. 823–825.

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Page 484
vol. 10, coll. 823–824
Page 485
vol. 10, coll. 825–826

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Chicago

Cecchetti, Igino. “Rettore.” In Enciclopedia Cattolica, vol. X, coll. 823–825. Città del Vaticano: Ente per l’Enciclopedia Cattolica e per il Libro Cattolico, 1953. https://azioneromana.com/article/rettore.

MLA

Cecchetti, Igino. “Rettore.” Enciclopedia Cattolica, vol. X, Ente per l’Enciclopedia Cattolica e per il Libro Cattolico, 1953, coll. 823–825. Azione Romana, https://azioneromana.com/article/rettore.

BibTeX

@incollection{ec10_rettore,
  author    = {Cecchetti, Igino},
  title     = {Rettore},
  booktitle = {Enciclopedia Cattolica},
  volume    = {X},
  pages     = {823--825},
  note      = {Cited by column},
  publisher = {Ente per l’Enciclopedia Cattolica e per il Libro Cattolico},
  address   = {Città del Vaticano},
  year      = {1953},
  url       = {https://azioneromana.com/article/rettore}
}

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