Is episcopal residency required for bishops?
© Copyright 2007, T. Stanfill Benns
(None of what appears below — in whole or in part — may be used without
the express and written permission of the author.)
All emphasis in bold within quotes in the works on this site
has been added by the author unless noted otherwise
For one who believes his vocation was confirmed beginning July
16, 1990, evidence of this belief in actual practice is sketchy.
First of all, David Bawden left the SSPX seminary in Armada
for two months May-July 1978, (see #12 under 1955 Instruction,,
Investigation of the Character…). He was planning to
leave again in December 1978 but was dismissed before he could
leave. In a truly Catholic seminary these departures would
amount to grave doubt, at best, concerning a seminarian's vocation,
(although we realize here that there were extenuating circumstances).
When requested to come to be with his flock in 1999-2000 following
his father's death, Bawden declined on the basis that he would
have to work here and could not leave his mother because he
had made a deathbed promise to his father to care for her.
It would appear that the duties of the papacy would preclude
such a promise, one his mother later released him from observing
anyway. (Pope Gregory XI walked over the prostrate body of
his elderly father at Avignon to journey to Rome at the bidding
of a saint, despite his father's profuse entreaties to remain
in France.)
Ordinarily, priests and religious are only released
from their duties to care for destitute or bedridden parents
who have
no other means of care or support. This is suggested by Rev.
Mahoney in his Priest's Problems and stated by Rev. Augustine
in his commentary on Can. 542§2. Nor, as Rev. Mahoney
notes, is it necessary to look forward to a time when a person
now able to care for themselves may not be able to do so. The
decision presenting itself and the time frame in which it is
presented is all that is to be considered. Such was not the
case with Bawden's mother who was in good health and had adequate
means. When a priest or religious leaves his domicile for an
extended period to care for a parent, this is considered a
release from religious obligations or secularization, especially
among those not in major orders. In other words the
vocation is abandoned for other more pressing duties. If the duty ceases,
the one released may request to pursue a vocation once again,
but is not guaranteed readmission to the seminary or religious
institute previously attended.
The Council of Trent addresses the duties of bishops
and priests in this regard, (Bawden claiming to be Bishop of
Rome by appointment
but not yet in Orders). The Council of Trent (Sess. VI,
On Reformation, Ch. 1, on Prelates; also Sess. XXIII, On Reformation,
Ch. 1, on Pastors) taught that, "Whereas it is by Divine
precept enjoined on all, to whom
the care of souls is committed, to know their own sheep; to offer sacrifice for them; and by
the preaching of the divine word, by the administration of
the Sacraments and by the example of all good works, to feed
them; to have a fatherly care of the poor and of other distressed
persons and to apply themselves to all other pastoral
duties, all which offices cannot be rendered and fulfilled
by those
who neither watch over nor are with their own flock, but abandon
it after the manner of hirelings; the sacred and holy Synod
admonishes and exhorts such that, mindful of the divine precepts
and made a pattern of the flock (1Peter 5: 3), they feed and
rule in judgment and truth…All persons…who
are set over any patriarchal, primatial, metropolitan,
and cathedral
churches whatsoever, are obliged to personal residence
in their own church or diocese where they will be bound
to discharge
the office enjoined them; and may not be absent thence save
for the causes and in the manner subjoined," (absence
may not exceed a total period of five months, for serious reasons
only).
Ordinarily such absences, except for grave reasons
known to the Roman Pontiff, were not expected to "exceed two, at
the most three months…and that regard be had that it
be done from a just cause, and without any detriment to the
flock; which, whether it be the case, the Synod leaves to the
conscience of those who withdraw themselves, which It hopes
will be religious and timorous, seeing that their hearts are
open before God, whose work they are bound, at their peril
not to do deceitfully, (Jer. 18: 10)." The papal penalty
decreed by Paul III for remaining away from the flock in violation
of this decree stated that "in addition to other penalties…and
the guilt of mortal sin which such an one incurs, he
acquires no property in any fruits in proportion to the
time of his
absence; and that he cannot, even though no other declaration
but this follow, retain…these ill-gotten fruits… with
a safe conscience." That bishops not in orders ruled their
dioceses until they received Orders or died is an historic
fact. This was the case with at least two lay Popes who reigned
only for brief periods of time. Certainly they received the
benefices from the parishes of Rome, but then they also resided
in their own diocese and were obviously Popes whose elections
were unquestionably valid. It has been proven elsewhere that
even when laws are rendered unobservable owing to impossibility,
those laws that safeguard the common good still bind. This
the Council of Trent has adequately proven above.
Accordingly, Rev. Amleto Cicognani writes: "Invalidating
[and disqualifying] laws…certainly bind in conscience.
An invalidating law commands that certain acts be regarded
as invalid…[that they] are not to be upheld as valid,
nor are they to be considered as a source
of rights or emoluments,
[profit from office; fees or salary — Webster]… A
disqualifying law is one that renders a person incapable of
certain acts," (Canon Law), and the teaching of the Council
of Trent above disqualifies a non-resident priest or bishop
from collecting benefices. Rev. Augustine also says that only
clerics have the right to emoluments. This decree of Trent
is the basis for Canon Law. Canon 118, while not an invalidating
law, states that only clerics can obtain orders or ecclesiastical
jurisdiction and are entitled to ecclesiastical benefices.
This includes any voluntary donations from the faithful.
Certainly the Church would wish that a true Pope
be supported as head of the Church. And yet the Church
expected a
great deal of physical and mental labor from clerics
in return
for their meager support; far more, in fact, than the
lowest paid
worker in the work force. Surely it is only common
sense that where the largest portion of the flock is
located,
there the
pastor should also be. This is, in fact, what one group,
now no longer associated with Bawden were objecting
to years ago
when they expected "Pope Michael" to move to Ohio,
(and at that time there were a greater number of "faithful" there
than anywhere else). Bawden's mother objected to the move,
and it was never undertaken. Still, the reasons for the expectation
should have been appreciated, and the willingness to make the
move made manifest.
If one truly believed himself "called" in any way
to a pastoral life, then is it not fitting for the pastor to
abide with those he considers his sheep? If the sheep are to
obey and to support their pastor, is it not logical and fitting
to believe that one-on-one, not long distance care should be
available for members of the flock? Bawden objected he could
not work because of his status as "Pope"; yet in
reality he was never a cleric, and so no Canon Law forbids
him to work, since the law binds only clerics. Bp. Robinson,
from whom Bawden sought ordination, has worked for many years
in addition to his church duties. True; a true (lay) pope would
need to find a position of some sort that did not interfere
much with papal duties yet provided a modest income. Are not
all laymen required to employ themselves in work of some kind,
and face the challenges that such work brings? Weren't the
Apostles so employed right up until the time they became priests
and bishops? Aren't priests in a parish and bishops in their
dioceses consumed night and day with the care of the faithful?
It is true that if the bishop appoints someone
to watch over the flock during his absence, he is said to have
provided for them. But in an absence lasting eight
years, can this
really
be the case if a truly grave reason for said absence
does not exist? Shouldn't one who believed himself
ready at
any
moment
to receive priestly and episcopal Orders have acted
in that full capacity, insofar as lay status allows,
long
before
the event? Canon 118 states that only clerics are entitled
to ecclesiastical
benefices, that is, any revenue that accrues from an
established ecclesiastical office such as donations
from the area's
faithful. And the Council of Trent teaches that even
clerics cannot
collect their benefices unless they reside in their
own diocese.
Actually Bawden's case, had it been legitimate, would
have fallen under another type of benefice called patrimony.
As Rev. Augustine explains, patrimony is "an inheritance
received from one's ancestors, especially parents," (Can.
979). A will drawn up naming the one to be ordained as an heir
to real estate and cash funds is considered sufficient proof
that he will be provided for in lieu of a benefice; and actual
support of a candidate for the priesthood until ordination
is adequate guarantee that such a patrimony would be honored.
Indeed many parents have supported their adult children in
the secular life who were unable to engage in gainful employment
in this same way. Assuming such a person is a cleric, there
is no obligation to provide further financial assistance unless
such assistance be voluntary (vs. obligatory). The bottom line,
however is this: Even lay bishops-elect not living in their
diocese or personally tending their flocks cannot legally lay
claim to tithes; this according to the holy canons of the Church.
Nor can a cleric being adequately supported under what identically
resembles a patrimony, request additional funds unless he resides
with his flock. Nor can anyone not a cleric pretend to have
any right to benefices or tithes of any kind. "The laborer
is worthy of his hire," but if he does not fit the Church's
job description, one cannot justify wages.
Basically we find a dichotomy here between Bawden's
claims to be a pastor worthy of instant obedience and
his actual
behavior. This behavior illustrates the principle of
contradiction laid
down in Scholastic philosophy: The same thing cannot
be affirmed and denied of the same thing, at the same
time,
and under
the same respect, (Mahony). I am a cleric — but I am not
bound to the laws governing clerics — yet I may avail
myself of the privileges accorded to clerics. Surely one truly
considering himself in training for Holy Orders would be careful
to observe all the rules and laws, all the teachings of the
Church on the conduct and formation of clerics, in anticipation
of becoming one. This is especially true when that person is
already, by his title, known as the Universal Pastor. And if
the person concerned already considered himself admitted to
the clerical state by virtue of election, and had already begun
to perform many of the duties connected to Orders, (preaching,
teaching, blessing, counseling and so forth), why would this
residency not logically follow? With privileges come responsibilities.
Certainly one believing himself Pope should be very careful
to observe God's laws, for He is a steward only and must answer
for much.
Clerics must be holier than their flocks. As Pope
Benedict XV taught concerning the canonization process, "Sanctity
properly consists in simple conformity to the Divine Will expressed
in an exact fulfillment of the duties of one's proper state." Sainthood
consists in heroic sanctity. God's signified
will, as Tanquerey
teaches is expressed in His law and the laws of
His Church.
And as those teaching on priestly formation have written, God's
will of good pleasure must be rightly interpreted. The development
of a superior sanctity, the submission to the necessary examinations,
the completion of any studies necessary for reception of Orders — and
especially in these times continuing pastoral education — all
are included in the duties of one who aspires to the clerical
life. |