Parish

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(Latinparœcia, parochia, Greekparoikia, a group of neighbouring dwellings).

General notions

A parish is a portion of adiocese under the authority of apriest legitimately appointed to secure in virtue of his office for the faithful dwelling therein, the helps of religion. The faithful are called parishioners, thepriestparochus,curate, parishpriest,pastor. To form a parish there must be (1) a certain body of the faithful over whom pastoral authority is exercised; the ordinary manner of determining them is by assigning a territory subject to the exclusivejurisdiction of the parishpriest. Uncertainty of parish boundaries may work harm and theCouncil of Trent (Sess. XXIV, c. xiii, de ref.) orders the boundaries of parishes to be defined. The faithful become parishioners by acquiring a domicile or a quasi-domicile (seeDOMICILE) within the territory, or by simply living in it for a month (Decree, "Ne temere", on marriage, 2 August, 1907). Travellers, however, may address themselves to the parishpriest of the locality, though without detriment to therights of their ownpastor. The exclusive attribution of a territory to a parish and itspastor is not absolutelynecessary; certain parishes coexist with others in the same territory, the respective parishes being distinguished by rite or nationality, e.g. in the Orient or in large American cities. There are even rare instances of parishes formed solely offamilies, without regard to territory. (2) A specialpriest, having in virtue of his title a mission and authority to give religious succour to the parishioners, is required. In strict law, the care ofsouls in a single parish must devolve on severalpriests, and in fact, such was formerly the case in most chapters (q.v.); but theCouncil of Trent (Sess. XXIV, c. xiii, de ref.) commandsbishops to assign to each parish its own individualrector. If the care ofsouls is entrusted to a moral body, like a chapter, it must be exercised by a vicar, perpetual as far as possible, who is called the "actual"curate, the chapter remaining the "habitual"curate, without right of interfering in any way in the parochial ministry (Sess. VII, c. vii).

The parishpriest may have assistants, but the latter exercise their ministry in dependence on him and in his name. If thepriest, even when alone, does not exercise his office in his own name, if he is only the delegate of a higher authority, he is not really a parishpriest and his district is not atrue parish. That is why there are no real parishes (as there are no realdioceses) but only stations invicariates Apostolic and missionary countries. The same may occur indioceses during the provisional period which precedes the erection of certain districts into parishes. But the parish exists, when thepriest exercises the ministry in his own name, whether his title be perpetual or he be removable at the will of thebishop. From this results (3) parochial law, i.e., the reciprocalrights andduties of the parishpriest and parishioners. This constitutes the care of thesouls (cura animarum), an essential and constitutive element of a parish, distinguishing a parochialbenefice from all others. Finally there is required (4) a suitable church which must have besides theliturgical equipmentnecessary for Divine worship, abaptismal font (exception is occasionally made in favour of acathedral or a mother-church; hence in theMiddle Ages parish churches were often calledbaptismal churches), a confessional, and a cemetery. Records of thebaptisms,marriages, and burials must be kept, while the entire parish is the object of aliber status animarum, prescribed by the Ritual. Finally, the parish has fixed or occasional contributions for Divine service, the building,liturgical furniture, parochial works, and all that implies an administration. Locallaws determine the share of the parishioners or their representatives in this administration. The parish must likewise furnish the parishpriest with his presbytery or dwelling.

The parish as a benefice

The canonical legislation relative to parishes is part of the legislation concerningbenefices. To the care ofsouls is annexed bycommon law abenefice, by its purpose distinct from any other. All parishes arebenefices, at least in the wide acceptation of the term; according to canon law, every church should have a stable income, especially land revenues, sufficient to insure not only the Divine service but also the support of itsclergy. Every parishpriest ought to have a fixed beneficial revenue, hiscongrua, the minimum of which is fixed by theCouncil of Trent (Sess. XXIV, c. xiii, de ref.), at one hundred ducats (about one hundred and forty-two dollars), a sum insufficient today; the congrua may be replaced by contributions from the public treasury, in certain countries, paid in return for formerecclesiastical property now confiscated. Parishes without fixed incomes are neverthelessbenefices in a broad sense of the term, since they insure a living for their parishpriests by gifts and offerings, eithervoluntary or payable on the occasion of certain acts of the curial ministry, according to rates approved by thebishop. Parishes, like otherbenefices, may be divided into several classes. Most parishes are "free", i.e. thebishop himself selects the incumbent; but others are subject to the right of patronage; the patrons present to thebishop their candidate. Most parishes are independent, but some are united to otherecclesiastical bodies: chapters, dignities (highecclesiastical offices),monasteries. Bycommon law they are served by thesecular clergy and are hence called secular parishes; but some, united to houses ofreligious orders, are served by religious and are consequently termed regular. Those confided to religious in virtue of a personal title, are not properly speaking regular.

Thecare of souls places parochialbenefices in a special category, and has led to regulations peculiar to them alone.

(1) Parishes, to be "free", i.e. freely collated, should be conferred by thebishop within six months like otherbenefices; but his choice is limited by the concursus ordered by theCouncil of Trent (Sess. XXIV, c. xviii, de ref.).

(2) Bycommon law, a parochialbenefice, like otherbenefices, is perpetual, and the beneficiary irremovable (seeIRREMOVABILITY;Decree, "Maxima cura", 20 August, 1910). According to thisDecree parishpriests who were heretofore removable are now withdrawn from purely administrative transference. Irremovable parishpriests may have their faculties withdrawn, without any trial properly so called, when the good ofsouls demands it. The nine reasons given in the aforesaidDecree as grounds for this withdrawal of faculties relate to corporal or spiritual defects, criminal conduct, serious and prolonged neglect ofduty, persistent disobedience; these reasons, however, are not here dealt with as crimes, but solely as obstacles to a useful parochial ministry; hence the parishpriest on being removed is to be provided for. This administrative procedure adequately secures the right of initiativenecessary for thebishop, and at the same time safeguards the interests of the parishpriest. It comprises three stages: thebishop who thinks that a parishpriest is no longer working faithfully among his flock, is bound to select as counsellors two of the synodal or pro-synodal examiners, in order of theirnomination, and explain the situation to them. If the majority decides to remove the parishpriest, thebishop must first officially request him to resign within ten days under threat of pronouncing adecree of removal. Thepriest may reply to the reasons alleged against him, and his answer is examined by this council; if the reply is deemed unsatisfactory, thebishop issues thedecree and notifies thepriest. Properly speaking the latter cannot appeal from thedecree, but he may present his case to a new council, composed of thebishop and two parishpriests as consultors, who examine whether the reasons given for the removal have beenproved and whether the formalities demanded by thedecree have been observed; a majority vote decides (see Council of Trent, Sess. XXI, c. vi, de ref.).

(3) The samezeal for the welfare ofsouls inspires special legislation for the erection and division of parishes. The erection of a parish takes place by creation when the district and the faithful assigned to the new parish did not belong previously to anypriest. This case is extremely rare, as usually the territory of eachdiocese is divided into parishes more or less extensive. A parish is created when a centre of religious activity becomes canonically recognized as a parish, as when avicariate Apostolic is erected into a diocese. The erection of parishes usually takes place by dismemberment or division. While in theory the division ofbenefices is looked on unfavorably by thelaw (c. 8 de Præbendis), it is authorized and even necessitated by the welfare of the faithful in the case of parishes. TheCouncil of Trent (Sess. XXI, c. iv, de ref.), referring expressly to theDecree "Ad audientiam" ofAlexander III (lib. III, tit. 48, c. 3), desiresbishops, ifnecessary as delegates of theApostolic See, to establish new parishes, in spite of the parishpriest's opposition, wherever distance or difficulty of communication does not allow thefaithful to frequent the church. In cities an excessive increase of population necessitates the multiplication of parishes. The Council in such a case desiresbishops tooblige the parishpriests to have sufficient number of assistants; but if the population is too great for the parishpriest, "toknow his sheep" (Sess. XXI, c. i), the erection of a new parish isobligatory and the Congregation of the Council has several times recognized this as a legitimate reason. The legal formalities for the erection of a new parish further require the request either of the parishpriest whose parish is to be divided, or of other interestedpersons, if there be any such; the consent of the chapter, unless custom has ruled otherwise; finally the guarantee of a sufficient income for the new parish, either by a partition of theproperty of the dismembered parish or parishes, or at least by the contributions of the inhabitants of the new one. The erection is effected by an episcopaldecree. As a rule a special kinship exists between the old and the new parishes; the old being called the "mother" and the new the "filial" parish, the latter being bound to make certain offerings to the former, generally honorary, e.g., the annual gift of a candle. Special "foundations" of the old parish, created for the benefit, not of theclergy, but of the faithful (alms for the poor) are divided pro rata. Finally, the same procedure is observed for the extinction or suppression of a parish, by its union with another, when the number of the faithful has decreased so as no longer to warrant the presence of a parishpriest.

History

The firstChristian communities were founded in cities and the entire Divine service was carried on by thebishop and hisclergy; the few faithful outside the cities went to the city or were visited from time to time byclerics from the presbyteries. In the fourth century we find in the villages groups sufficiently large to be served by a residentclergy. Canon 77 of Elvira (about A.D. 300) speaks of adeacon in charge of the people (diaconus regens plebem). In the East at a very early period the churches of the cities and of the country districts were organized; the Council of Neocæsarea, about 320 (can. 13), speaks of countrypriests andbishops of villages, the "chorepiscopi", who had a subordinateclergy. Such churches and theirclergy were originally under the direct administration of thebishop; but soon they had their own resources and a distinct administration (Council of Chalcedon, 451, can. 4, 6, 17). The same change took place in the West, but more slowly. In proportion as the country districts were evangelized (fourth to sixth centuries), churches were erected, at first in the vici (hamlets or villages), afterwards on church lands or on theproperty of privateindividuals, and at least onepriest was appointed to each church. Theclergy andproperty depended at first directly on thebishop and thecathedral; the churches did not yet correspond to very definite territorial circumscriptions: the centre was better marked than the boundaries. Such was the church which the councils of the sixth and seventh century callecclesia rusticana,parochitana, oftendioecesis, and finallyparochia. By that time most of these churches had become independent: thepriest administered theproperty assigned to him by thebishop, and also theproperty given directly to the church by thepious faithful; from that moment thepriest became a beneficiary and had his title. More plentiful resources required and permitted a more numerousclergy. The devotion of thefaithful, especially towardsrelics, led to the erection of numerous secondarychapels,oratoria, basilicæ, martyria, which also had theirclergy. But thesetituli minores were not parishes; they depended on the principal church of thevicus, and on thearchpriest so often mentioned in the councils of the sixth and seventh centuries, who had authority over his ownclergy and those of theoratories.

These secondary churches emphasize the parochial character of thebaptismal churches, as the faithful had to receive thesacraments and pay theirtithes in the latter. Themonasteries in turn ministered to the people grouped around them. From the eighth century parochial centres multiplied on the lands of the churches and themonasteries, and thevillæ or great estates of the kings and nobles. Then thevill£ were subdivided and the parish served a certain number ofvillæ or rural districts, and thus the parish church became the centre of the religious and even the civil life of the villages. This condition, established in the eleventh and twelfth centuries, has scarcely varied since, as far as concerns the parochial service. Asbenefices, however, parishes have undergone many vicissitudes, owing to their union withmonasteries or chapters, and on account of the inextricable complications of thefeudal order. Parish churches had ordinarily attached to themschools and charitable works, especially for the poor enrolled on thematricula, or list of those attached to theChurch. In the episcopal and other cities the division into parishes took place much more slowly, thecathedral or the archipresbyteral church being for a long time the only parochial church. However, numerous the city churches, all depended on it and, properly speaking, had no flock of their own. AtRome, as early as the fourth century, there was a quasi-parochial service in the "titles" and cemeterial churches (Innocent I to Decentius, c. 5, an. 416). It is only towards the close of the eleventh century that separate urban parishes began; even then there were limitations, e.g.baptism was to be conferred in thecathedral; the territories, moreover, were badly defined. The chapters turned over to theclergy of the churches the parochial ministry, while the corporations (guilds) insisted especially on the granting of parochialrights to the churches which they founded and supported.

In English-speaking countries

In theUnited States and English-speaking lands generally (with the exception ofIreland,Canada, and possiblyCalifornia), it has not been found advisable as yet to erect canonical parishes. The districts confided topriests having the cure of thesouls are technically designated as missions or quasi-parishes, though in common parlance the wordparish is employed. The establishment of canonical parishes in these countries was not found possible, owing either to the devastation wrought in the so-calledReformation period or to the fact that, as new lands were slowly evangelized and settled, circumstances did not allow the establishment of theChurch's parochial system as prescribed in her canon law.

The missions or quasi-parishes

Certain churches are designated by thebishop which are to be regarded as parish churches (ad instar paræciarum). Over these churches are placedpriests provided with thenecessary faculties. They are designated missionary rectors, or quasi-parishpriests, though familiarly referred to aspastors or parishpriests. A certain district around each church is then more or less definitely marked out by thebishop, within the limits of which thepastor is to exercisejurisdiction over the faithful and have care ofecclesiastical buildings. Within the limits of such missions or quasi-parishes, thebishop may institute newecclesiastical divisions when such action becomes advisable. If the parish be held by members of areligious order, thebishop is not thereby constrained to entrust the newly-formed district toregulars. The institution of new quasi-parishes in English-speaking countries proceeds generally along the same lines as those prescribed by Church law for the erection of canonical parishes. Consequently, thebishop can erect a new parish by way of creation, union, or division. If the territory in question has not yet been assigned to any parish church, the institution is said to be by way of creation. There cannot be the slightestdoubt that thebishop can proceed to such action in virtue of his powers as ordinary of thediocese. In creating such new parish, he is bound to provide as far as possible for the proper support of the now incumbent. In English-speaking countries there is no necessity of recurring to thecivil power for the creation of a new parish. When thebishop establishes new quasi-parishes by way of division, he is not required to observe all the formalities prescribed by law for the dismemberment of canonical parishes. He must, nevertheless, act on the advice of his consultors, and after hearing the opinion of thepastor whose territory is to be divided. It is obvious that a division which would cripple or impoverish the church would not be in the best interests of religion, yet thebishop can proceed to such dismembering even against the will and advice of thepastor. In that case, however, an appeal against thedecree of the ordinary can be lodged with themetropolitan or theHoly See. It is to be noted that, while very specific reasons are laid down in canon law according to which abishop may divide parishes, yet ourbishops are not limited to such reasons.Leo XIII lays down explicitly in his Constitution "Romanos Pontifices" that our missions may be divided by the ordinaries for a greater number of reasons and for less important ones than those specified in thecommon law of theChurch.

When a parish committed to regulars is to be divided, thebishop must hear the opinion of the religious superior before taking action. A right of appeal against the dismemberment of the mission is allowed both to seculars and regulars. In case of the former, generally, the appeal is to be made to themetropolitan, as thebishop acts in virtue of his ordinaryjurisdiction; in case of the latter, the appeal is to be laid before theHoly See as thebishop is generally using his powers ofpapal delegation. No appeal, however, can effect a suspension of thebishop's mandate but only subject it to reconsideration by the higher tribunal. It is possible, however, for the ordinary to act as delegate of theHoly See for seculars as well as for regulars, exempt and non-exempt. In that case the appeal must always be made toRome. Parishes are sometimes formed by way of union, that is, when several parishes are joined together so as to form, either strictly or loosely, one new parish. The united parishes are simply governed by onepastor without any further change in their status (unio œque principalis); we have frequently a similar arrangement in English-speaking countries, where two or more churches or missions are served by onepriest, though otherwise independent of each other. With us, however, such union is preparatory to a division as soon as the revenues of the churches or the number ofpriests allows of it. As to union by subjection, the usual form this takes among us is when small mission stations are made (for the most part temporarily) dependent on some parish church. The power possessed by thebishop of disuniting parishes formerly joined together is frequently exercised in these countries in the above mentioned cases. As a right of patronage does not exist in theUnited States the making of new parishes is never complicated by the necessity of consulting anecclesiastical patron. The counsel, which thebishop must take to ensure validity in the formation of new parishes, must be with hisdiocesan consultors, where such a body is established, or with thecathedral chapter, when the diocese possesses such a body, as in the British Isles. The regulations of ecclesiastical law by which a new parish or church must pay a certain tribute as a sign of dependence and respect to the church from which it was separated (the relation of thefilia to theecclesia matrix, or mother-church) is generally unknown in missionary countries.

Pastors or rectors of churches

The rectors of missions are not canonical parishpriests, though they have been invested with nearly all the privileges of canonical incumbents by particularsynods or decrees ofRoman congregations. These rectors are of two kinds, removable and irremovable. Thecommon law of theChurch requires that every parish should have an irremovablerector, but in countries where theChurch is not canonically established, this is not always feasible, and therefore theHoly See permits the appointment ofpastors who are removable at the will of the ordinary (ad nutum episcopi). Priests belonging toreligious orders, who are in charge of parishes, may be removed either by their superior or by thebishop, without either being constrained to give the reason for his action to the other. On the removal of a regular, his religious superior nominates his successor. It is the expressed desire of theHoly See, that all rectors of parishes should, as far as possible, be endowed with the quality of perpetuity in their pastoral charge and, where this is impossible, that at least a certain number of the rectors of parishes be declared irremovable. The proportion of one out of every ten was determined on as the minimum number in Americandioceses. When a certain rectorship has once been declared irremovable, it is not in the power of the ordinary to reduce it to the status of a removable rectorship. This is plain from the Third Council ofBaltimore (No. 34), as well as from the general law of theChurch, which forbidsecclesiastical superiors to lower the status or condition of churches. When a parish is declared an irremovable rectorship, the appointment of the firstrector lies with thebishop after hearing thediocesan consultors. For instituting all other irremovable rectors, it isnecessary that a written examination or concursus be held, at which the same questions must be proposed to all the candidates. From among those whom the examiners shall deem worthy after a consideration of their answers and testimonials, thebishop selects one on whom he confers the parish. This rule as to a concursus does not hold, however, in all English-speaking countries. An appeal to a higher tribunal is not stopped by a concursis, for a dissatisfied candidate may lay his complaint before themetropolitan, either on account of the improper judgment of the examiners or of the unreasonable selection made by the ordinary.

No examination is required for the appointment ofpastors to removable rectorships. When arector has once acquired the privilege of permanency, he cannot be removed against his will except for causes laid down byecclesiastical decrees or in such cases as fall under the new Constitution ofPius X, "Maxima Cura" (20 Aug., 1910). Removable rectors, though they are appointed at the will of thebishop, cannot be removed except for grave cause, if such removal would affect their character or their emoluments, and in case of grievance they may have recourse to theHoly See. The First Synod of Westminster (D. 25) warnspriests that the appointment to permanent rectorships rests with thebishop, and that no right of preferment is acquired by serving as assistantpriest on a mission or even administering it temporarily. On appointment to a parish, an irremovablerector must make a profession offaith. Whether the sameobligation rests on removable rectors is disputed by canonists. The profession offaith is explicitly demanded of all rectors by the First Council of Westminster, but there has been no such pronouncement in theUnited States. TheDecree ofPius X "Sacrorum Antistitum" (1 Sept., 1910) is, of course, binding everywhere. Allpriests havingcure of souls are bound to reside in their parishes, and thestatutes of somedioceses require thebishop's consent for one week's absence. As our rectors are not canonical parishpriests, they are not bound to offer up the Mass gratuitously for their people onSundays and holy days ofobligation. InIreland andCanada, however, thisobligation rests on parishpriests, thoughdispensations are commonly given from offering this Mass on suppressed holy days.

Theduty of instructing the young incatechism is insisted on by thesynods ofBaltimore, and, especially in places where there are no parochialschools, this instruction is to be carried on by means of Sundayschools. Pastors areobliged to establish parochialschools where possible, and they are exhorted to visit them frequently and see to their efficient management. They are alsoobliged to preach to their people and give them facility for approaching thesacraments. The Westminster Synod exhortspastors to provide missions and spiritual retreats for their flocks. As our rectors are quasi-parishpriests, they havejurisdiction similar to that of canonical parishpriests conferred on them by various councils. As regards thesacraments,baptism should be conferred only in the parish to which theperson belongs, and the contrary practice is strictly prohibited (II Balt., No. 227); penance cannot be administered, even to his parishioners, outside the diocese to which therector belongs, though this would be a prerogative of a canonical parishpriest; the Paschal Communion may be made in any publicchapel or church, unless there be special legislation against it; Mass may be celebrated twice a day, with episcopal permission, when otherwise a considerable number ofpersons would be deprived of Mass onSundays and holy days; matrimony is to be administered by one's ownpastor for liceity; and when the contracting parties are of different parishes, it is usual for thebishop to designate the parish of the bride as the proper place for theceremony. These requirements, however, do not affect the validity of the sacrament. As regards funeralrights ofpastors, there is no special legislation for theUnited States, but thecommon law of theChurch is usually followed. The administration of theViaticum and extreme unction arerights reserved to thepastor, and theserights may not be infringed without penalty. Rectors of parishes are required to keep registers ofbaptisms,marriages, confirmations, and interments. They are also exhorted to keep aliber status animarum as far as circumstances permit it. In somedioceses, the acceptance of a perpetual foundation for a daily or anniversary Mass is subject to the approval of the ordinary, who is to decide on the adequacy of the endowment.

Rectors and the parochial temporalities

Pastors are the administrators of the parochialproperty, but theirrights in this regard are subordinated to the episcopal authority, for the ordinary is the supreme administrator and guardian of theecclesiastical temporalities of hisdiocese. A financial statement of the condition of the parochialproperty must consequently be made by therector to thebishop whenever he requires it. Generally, an annual statement is to be made. Whatever regulations are laid down by the ordinary for the better administration of the temporalities are binding on thepastors. When lay trustees are appointed to assist in the management of the parochialproperty, the rectors must obtain the episcopal consent for such appointment. In theUnited States, no outlay exceeding three hundred dollars may be made by the trustees without thebishop's written authorization, if such outlay is for special objects other than the ordinary expenditures. Thepastors must see that lay trustees clearly understand that they are in no sense owners ofecclesiastical property and that appropriation of it for their own use entailsexcommunication. Alienation of allecclesiastical property, movable and immovable, is unlawful without the permission of theApostolic See, when suchproperty is of considerable value. In cases involving a sum of not more than five thousand dollars only thebishop's consent isnecessary, provided he has the special faculties usually granted to Americanbishops to that effect. The penalty for unlawful alienation isexcommunicationipso facto. Thepastor should make a careful inventory of all the parochialproperty, and file one copy in the parish archives and send another to thebishop. In cases where thecivil law would vest the title tochurch property in lay trustees, it may benecessary that thebishop should hold the temporalities in his own name in fee simple. It is very undesirable that the same should be done by thepastors. As the rectors are the immediate custodians of the parochialproperty, it is theirduty to keep it in proper repair. The Westminster Synods lay down clear and detailed rules in regard to theduty of rectors concerningchurch property. "Whoever is set over the administration of a mission . . . should keep a day-book of all the receipts and expenses of the mission, both of which should be entered most accurately every day in their proper order. He should also keep a ledger to which he will transfer, every month or three months, all the entries in the other book arranged in order, according to the heads under which each sum received or expended ought to be placed." "Every administrator should keep an open account in some bank in his own name and in the names of two honestpersons. Let theseknow that they are taken only to prevent the money from any peril of loss and that they must not interfere in the administration. If one fail from any cause the two who remain shall take care to have another elected by thebishop to supply the place. The administrator should never keep for longer than ten days on hand more than 201. of money belonging to the mission . . . but he should diligently place it in the bank." "All buildings belonging to a mission should be insured against fire by an annual payment to somesociety for this purpose." "As soon as anypriest enters on his mission let him receive an inventory of all things belonging to the mission from the vicar forane or from some one deputed by thebishop. He is bound to keep the furniture and buildings in good repair, yea, rather to improve them, that he may deliver to his successors as much, at least, as he received himself." "In every mission, the money contributed by the faithful (for seat rents, offertories, house to house collections and special collections) . . . is to be accountedchurch property and not as gifts given to thepriest." — By the Constitution "Romanos Pontifices", regulars administering missions must render an account to thebishop of all money given to them with a view to the mission.

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