Pastor

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This term denotes apriest who has thecure of souls (cura animarum), that is, who is bound in virtue of his office to promote the spiritual welfare of thefaithful by preaching, administering thesacraments, and exercising certain powers of external government, e.g., the right of supervision, givingprecepts, imposing light corrections — powers rather paternal in their nature, and differing from those of abishop, which are legislative, judicial, and coactive. A pastor is properly called aparish-priest (parochus) when he exercises thecure of souls in his own name with regard to a determined number of subjects who areobliged to apply to him for the reception of certainsacraments specified in thelaw. In this article "parish-priest" is always taken in this strict sense. Pastors (whetherparish-priests or not) are either irremovable (inamovibiles) or movable (amovibiles ad nutum). An irremovable pastor orrector is one whose office gives him the right of perpetuity of tenure; that is, he cannot be removed or transferred except for a canonical reason, viz., a reason laid down in thelaw and, in the case of a criminal charge, only after trial. (SeeIRREMOVABILITY.) A movable pastor orrector is one whose office does not give him this right; but thebishop must have some just and proportionate reason for dismissing or transferring him against his will, and, should thepriest believe himself wronged in the matter, he may have recourse to theHoly See, or to its representative where there is one having power in such cases. Moreover, according to some canonists, even movable pastors in case of a criminal charge cannot be absolutely removed from their office without a trial (cf. Pierantonelli, "Praxis Fori Ecclesiastici," tit. iv; Smith, "Elements of Ecclesiastical Law", n. 418.) This, certainly, is the case in theUnited States of America (Decrees ofPropaganda, 28 March, and 20 May, 1887).

TheCouncil of Trent (Sess. XXIV, cap. xiii, de Ref.) shows it to be the mind of theChurch; thatdioceses should, wherever it is possible, be divided into canonicalparishes (SeePARISH), to be governed by irremovableparish-priests. In places, therefore, where theTridentine law cannot be fully carried out,bishops adopt measures which fulfil this requirement as nearly as circumstances allow. One such measure was the erection of quasi-parishes, districts with defined limits, ordered for theUnited States in 1868 (SecondPlenary Council of Baltimore, n. 124). Another such was the institution of irremovable rectors (pastors with the right of perpetuity of tenure), ordered forEngland in 1852 (FirstProvincial Council of Westminster Decr. xiii), and for theUnited States in 1886 (ThirdPlenary Council of Baltimore, n. 33).

The power to appoint pastors is ordinarily vested in thebishop. Among the candidates possessed of thenecessary qualifications the appointment should fall on the one who is best fitted for the office. Moreover, according to theCouncil of Trent (Sess. XXIV, cap. xviii, de Ref) candidates for the office ofparish-priest should (a few cases excepted) pass a competitive examination (concursus). This provision of theCouncil of Trent is sometimes by particular enactments applied in the selection of candidates for the office of irremovable rectors, as happens in theUnited States (ThirdPlenary Council of Baltimore, tit. ii, cap. vi).

With regard to the faculties and powers of pastors, those ofparish-priests are sufficiently defined by thelaw, and hence are ordinary, not delegated. Of these faculties some are calledrights strictlyparochial, because in aparish they belong exclusively to theparish-priest, so that their subjects cannot with regard to them have recourse to anotherpriest, except with his or thebishop's consent. Theserights are the following: the right of administeringbaptism, holy viaticum, and extreme unction in all cases where there is no urgent necessity; the right of administering paschal communion, of proclaiming thebanns of marriage, and of blessing marriages. To theparish-priest are also reserved the celebration of funerals (except in certain cases specified in thelaw), and the imparting of certainblessings, the chief one being blessing of thebaptismal font. To pastors, who are notparish-priests, the right of assisting at marriages is given by thelaw as toparish-priests. The otherrights usually are granted to them by thebishops and are defined in the particularlaws; such is very commonly the case in theUnited StatesEngland, andScotland, with regard tobaptism, holy viaticum, extreme unction, and funerals. Mention should be made here of the custom which exists in certaindioceses of theUnited States, whereby the faithful of one district are permitted to receive suchsacraments from the pastor of another district if they rent a pew in his church (SecondPlenary Council of Baltimore, nn. 117, 124, 227, and thestatutes of severaldiocesansynods). Rights not strictlyparochial are those which belong by law toparish-priests, but not exclusively. Such are the faculties of preaching celebratingMass, low or solemn, hearingconfessions, administeringHoly Communion. Pastors who are notparish-priests receive these faculties from theirbishop.

Pastors are naturally entitled to a salary. This is furnished by the revenues of theparochialbenefice, should there be one; otherwise, it is taken from the revenues of the church or from the offerings. Such offerings as the faithful contribute of their own accord, without specifying the purpose of their donation, belong to the pastor. This assertion is based on the presumption that these gifts are meant to show the gratitude of the faithful towards thepriests who spend their lives in caring for thesouls committed to their charge. This presumption, however, ceases wherever custom or law provides that at least a certain portion of these offerings should belong to the church. This is generally the case where churches, not possessing other sources of income, depend entirely on the offerings. An illustration of suchlaws is to be found in the eighthdecree of the SecondProvincial Council of Westminster, approved byLeo XIII in the Constitution "Romanos Pontifices" of 8 May, 1881. Accordingly, in countries where this is in force, the usual collections taken up in the churches belong to each mission, in addition to the pew-rents, and it is from these revenues that the salaries of pastors and assistants are ordinarily drawn.

Pastors, besides havingrights, have alsoobligations. They must preach and take care of the religious instruction of thefaithful, especially of the young, supply their spiritual needs by the administration of thesacraments, reside in theirparish or mission, administer diligently theproperty entrusted to their care, watch over the moral conduct of their parishioners, and remove, as far as possible, all hindrances to theirsalvation. Moreover,parish-priests must make a profession offaith and take theoath prescribed byPius X in his "Motu Proprio", 1 Sept., 1910; they must also offer theHoly Sacrifice on behalf of their flock onSundays and certain holydays set down in thelaw. When the number of the faithful entrusted to the care of the pastor is so large that he alone cannot fulfil all theduties incumbent on his office, thebishop has theright to order him to take as manypriests to help him as may benecessary. These are called assistants or auxiliarypriests, and differ both from coadjutors who are given to pastors for other reasons determined by thelaw, and from administrators who take charge of aparish during its vacancy, or the absence of its pastor.

Positive law (Council of Trent, Sess. XXI, cap. iv, de Ref.), modified in some countries by custom, reserves to theparish-priest theright to choose his assistants, a choice, however, which is subject to the approval of thebishop, and it is also from thebishop that assistants receive their faculties. The amount of their salary is likewise to be determined by thebishop, and, as to its source, the same rules hold as those already mentioned with regard to pastors. As to their removal, (a) when theirnomination belongs by law to theparish-priest, they can be removed either by him or by thebishop, (b) when theirnomination belongs to thebishop, he alone can remove them; in any case a reasonable cause isnecessary, at least for the lawfulness of the act, and the assistant who believes that he has been wronged may have recourse to higher authorities, as mentioned above with regard to movable pastors. Their office, however, does not cease with the death of thepriest orbishop who appointed them, unless this was clearly expressed in the letters of appointment. For the recent legislation regarding the removal ofparish-priests, seePARISH, section II, 2.

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