The St. Joseph Foundation - Canonical Basics

Menu

Canonical Basics

CHRISTIFIDELIS

TO DEFEND CATHOLIC TRUTH AND UPHOLD
CATHOLIC RIGHTS

Christmastide, 1997

Vol. 15, No. 6

In this section of CHRISTIFIDELIS we present questions which have been asked of the Foundation, summaries of actual cases or explanations of current issues which have to do with some aspect of ecclesiastical law. The answers or opinions given have only the force of the author’s scholarship and are intended for the purpose of informing our readers. Ed.

Parish Boundaries and Membership

The Question:

Since the new Code does not does not require the faithful to "register" at their territorial parish, is it not improper for pastors to refuse membership in a particular parish on the grounds that the person does not live within the boundaries? At the same time, are not pastors overstepping their authority when they request "letters of permission" from a persons present pastor to join the parish of their choice. Also, since it is a principle in canon law not to be stricter than the law, do not ordinaries who insist on the observance of boundaries overstep their competence.

One of the Foundation’s consulting canon lawyers answered as follows:

The Law:

Canon 107—§1. Each person acquires a proper pastor and ordinary through both domicile and quasi-domicile.

§2. The proper pastor or ordinary of a transient is the pastor or ordinary of the place in which the transient is actually staying.

§3. The proper pastor of one who has only a diocesan domicile or quasi-domicile is the pastor of the place in which such a person is actually staying.

Canon 102—§1. Domicile is acquired by residence within the territory of a certain parish or at least of a diocese, which either is joined with the intention of remaining there permanently unless called away, or has been protracted for five complete years.

§2. Quasi-domicile is acquired by residence within the territory of a certain parish or at least of a diocese which either is joined with the intention of remaining there at least three months, unless called away, or has in fact been protracted for three months.

§3. A domicile or quasi-domicile within the territory of a parish is called parochial; in the territory of a diocese, even though not in a particular parish, it is called diocesan.

Canon 518—As a general rule a parish is to be territorial, that is it embraces all the Christian faithful within a certain territory; whenever it is judged useful, however, personal parishes are to be established based upon rite, language, the nationality of the Christian faithful within some territory or some other determining factor.

Observations:

1. As the canons illustrate one acquires a proper pastor or one becomes a member of a parish by virtue of domicile or quasi-domicile. Therefore, registration in a parish is automatic. Many pastors find it practical to have parishioners fill out forms and use contribution envelopes as part of a pastoral effort to get to know parishioners or help remind them of their financial obligations to support the Church. Sadly, it must be observed that this pastoral tool is sometimes abused.

2. The other side of this coin is also true. One does not become a parishioner simply by the act of completing a registration form or using offering envelopes. Domicile is the determining factor.

3. Parishioner rights and obligations are exercised based on the principle of domicile. Validity of certain juridic acts (e.g., marriage) can be affected by domicile.

4. There have been several cases where Catholics thought they were parishioners because they had attended a certain parochial church for several years, had contributed to the weekly collection, etc. These same people were denied standing in their canonical cases due to the lack of domicile in the parish in question.

5. The exercise of priestly faculties often depends on territorial considerations.

6. An individual may, of course, attend a church other than his own parochial church, contribute financially to another parish and he may undertake many activities outside his parish boundaries. However, he still remains a parishioner of the parish where he has domicile. He may also be regarded as a parishioner of a parish in the place where he maintains a secondary domicile or quasi-domicile. He exercises certain rights even if he is only a traveller or a vagrant. Most people who live in one parish but are active in another are canonically "travellers," even if the trip is just a few blocks away.

7. Special provisions apply to members of an ethnic group for whom a personal parish is erected. Care should be taken as a personal parish may have territorial boundaries as well. The rights of a personal pastor are cumulative with the territorial pastor.

8. No letter of permission is necessary to join another parish in which one does not reside since the letter would be superfluous. While one cannot join another parish unless he has residence there, neither is he prevented from attending Mass there or exercising some other functions.