PARISH
502
PARISH
reasons. Leo XIII lays down explicitly in his Consti-
tution " Romanes Pontifices" that our missions may
be divided by the ordinaries for a greater number of
reiusons and for less important ones than thos(^ si)eei-
fied in the common law of the Church.
Wlicn a parish committed to regulars is to be di- vided, the bishop 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 ajjjieal is to be made to the metropoli- tan, as the bishop acts in virtue of his ordinarj' juris- diction ; in case of the latter, the appeal is to be laid before the Holy See .as the bishop is generally using his powers of papal delegation. Xo appeal, however, can effect a suspension of the bishop's mandate but only subject it to reconsideration by the higher tribunal. It is possible, however, for the ordinarj- to act as dele- gate of the Holy See for seculars as well as for regulars, exempt and non-exempt. In that case the appeal must always be made to Rome. Parishes are some- times 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 par- ishes are simply governed by one pastor without any further change in their status (unio oeque principalis); we have frequently a similar arrangement in English- speaking countries, where two or more churches or missions are served by one priest, though otherwise independent of each other. With us, however, such union is preparatorj' to a division as soon as the rev- enues of the churches or the number of priests 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 the bishop 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 the United States, the making of new parishes is never complicated by the necessity of consulting an ecclesiastical patron. The counsel, which the bishop must take to ensure validity in the formation of new parishes, must be with his diocesan consultors, where such a body is established, or with the cathedral chap- ter, 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 trib- ute as a sign of dependence and respect to the church from which it was separated (the relation of the filia to the ecclesia matrix, or mother-church) is generally un- known in missionarj- countries.
B. Pastors or Rectors of Churches. — The rectors of missions are not canonical parish priests, though they have been invested with nearly all the privileges of canonical incumbents by particular synods or decrees of Roman congregations. These rectors are of two kinds, removable and irremovable. The common law of the Church requires that every parish should have an irremovable rector, but in countries where the Church is not canonically established, this is not al- way.s feasible, and therefore the Holy See permits the appointment of p.astors who are removable at the will of the ordinarj- {ad nntiim episcopi). Priests belonging to religious orders, who are in charge of parishes, may be removed either by their superior or by the bishop, w-ithout either being constrained to give the reason for his action to the other. On the removal of a regular, his reUgious superior nominates his successor. It is the expressed desire of the Holy 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 bo declared irremovable. The proportion of one out of every ten was determined on as the minimum number in American dioceses. When a certain rectorship has once been declared irre-
movable, it is not in the jiower of the ordinary to
reduce it to the status of a removable rect(irslii|). This
is plain from the Third Council of Baltimore (\o. .'i4),
as well as from the general law of the Church, which
forbids ecM'lcsiastii'al superiors to lower the status or
condition <if churches. When a parish is declared an
irremovable rectorship, the ajipointnient of the first
rector lies with the bisliii)) after hearing the diocesan
consultors. For instituting nil other irremovable rec-
tors, it is necessary that a written examination or con-
cursus 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 con-
sideration of their answers and testimonials, the bishop
selects one on whom he confers the parish. This rule
as to a concursus does not hold, however, in all Eng-
lish-speaking countries. An appeal to a higher tri-
bunal is not stopped by a concursus, for a dissatisfied
candidate may lay his complaint before the metro-
politan, 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 of pastors to removable rectorships. \\'hen a rector has once acquired the privilege of permanency, he cannot be removed against his will except for causes laid down by ecclesiastical decrees or in such cases as fall under the new Constitution of Pius X, "Maxima Cura" (20 Aug., 1910). Removable rectors, though they are appointed at the will of the bishop, can- not be removed except for grave cause, if such re- moval would affect their character or their emolu- ments, and in case of grievance they may have recourse to the Holy See. The First Synod of West- minster (D. 2.5) warns priests that the appointment to permanent rectorships rests with the bishop, and that no right of preferment is acquired by serving as assist- ant priest on a mission or even administering it temporarily. On appointment to a parish, an irre- movable rector must make a profession of faith. Whether the same obligation rests on removable rec- tors is disputed by canonists. The profession of faith is explicitly demanded of all rectors by the First Council of Westminster, but there has been no such pronouncement for the United States. The Decree of Pius X"Sacrorum Antistitum" (1 Sept., 1910) is, of course, binding everywhere. All priests having cure of souls are bound to reside in their parishes, and the statutes of some dioceses require the bishop's con- sent for one week's absence. As our rectors are not canonical parish priests, they are not bound to offer up the Mass gratuitously for their people on Sundays and holy days of obligation. In Ireland and Canada, however, this obligation rests on parish priests, though dispensations are commonly given from offering this Mass on suppressed holy d.ays.
The duty of instructing the young in catechism is insisted on by the synods of Baltimore, and, especially in places where there are no parochial schools, this instruction is to be carried on by means of Sunday schools. Pastors are obliged to establish parochial schools where possible, and they are exhorted to visit them frequently and see to their efficient management. They are also obliged to preach to their people and give them facility for approaching the sacraments. The Westminster Synod exhorts pastors to provide missions and spiritual retreats for their flocks. As our rectors are quasi-parish priests, they have juris- diction similar to that of canonical parish priests con- ferred on them by various councils. As regards the sacraments, baptism should be conferred only in the parish to which the person belongs, and the contrary practice is strictly prohibited (II Bait., No. 227); penance cannot be administered, even to his parishion- ers, outside the diocese to which the rector belongs, though this would be a prerogative of a canonical parish priest; the Paschal Communion may be made
