RIGHTS AND OBLIGATIONS OF A PARISH PRIEST

RIGHTS AND OBLIGATIONS OF A PARISH PRIEST

By Rev. Fr. Titus Ik. Nnabugwu

INTRODUCTION:

Before we begin to examine the rights and obligations of the parish priest, it is important to note that the present understanding of the parish and the parish priest in the 1983 code of canon law was inspired by the teachings of the Vatican II Council, especially the conciliar documents on priestly ministry, namely, Christus Dominus and Presbyterorum Ordinis. It is equally important to understand the two concepts, parish and  parish priest. What is a parish? Who is a parish priest and how does one become a parish priest?

Definition of a Parish:

With the Vatican II Council’s understanding of the Church in Lumen gentium as a people of God, a community of faith, hope and charity, the 1983 Code of Canon Law described the parish as a certain community of Christ’s faithful established on a stable basis within a particular church, whose pastoral care under the authority of the diocesan bishop, is entrusted to a parish priest as its proper pastor (can.515, §1). A parish, as a general rule, is territorial, embracing all the faithful in a given area. However, whenever it is judged useful, a personal parish based on rite, language or nationality can also be established. It is the diocesan Bishop who can establish, suppress or re-organize parishes, after consulting the presbyteral council. Once a parish is lawfully established by the Bishop, it acquires a juridical personality by virtue of the law itself (can. 515, §3), and so can acquire, administer and alienate property in its own name, with the Parish Priest as its sole juridical representative (can. 532).

The Parish Priest:

The definition of a parish priest, as found in can. 451, §1 of the 1917 code of canon law, was limited to the strictly juridical aspect. It defined a parish priest as a priest or moral person upon whom a parish is conferred in his own right with the care of souls to be exercised under the authority of the local ordinary. The 1983 code on the other hand, in can. 519, gives a descriptive definition of a parish priest that is rich in content, both theologically and pastorally: “The parish priest is the proper pastor of the parish entrusted to him. He exercises the pastoral care of the community entrusted to him under the authority of the diocesan Bishop, whose ministry of Christ he is called to share, so that for this community he may carry out the offices of teaching, sanctifying and ruling with the cooperation of other priests or deacons and with the assistance of lay members of Christ’s faithful, in accordance with the law”.

From the above definition, we see that it is the community that gives meaning to the office of the parish priest. The care of souls is the whole function of the parish priest, and in carrying out this function, he exercises the ministry of teaching, sanctifying and governing. He exercises his pastoral ministry under the direction of the diocesan Bishop, whose ministry of Christ he is called to share and whose special collaborator he is.(Lumen gentium, 28; Chirsitus Dominus, 30, Presbyterorum Ordinis, 4). Since all priests share in the ministry of the Bishop and are united among themselves in an “intimate sacramental brotherhood”, the parish priest should carry out his pastoral ministry in close collaboration with other priests, deacons and the laity.

The parish priest is, therefore, not a simple “delegate” of the diocesan Bishop for he enjoys an “ordinary” administrative power, which is joined ipso iure to his office. However, in the exercise of this power, he is under the authority of the diocesan Bishop.

Who Can Be a Parish Priest:

In the old law (cf. Can. 451 of 1917), a moral person like a monastry, or a religious Institute can be the parish priest of a parish. This was changed by Vatican II when it decreed that “Parishes may no longer be united to canonical chapters pleno iure” (Ecclesiae Sanctae, I, 21/2 ). The new Code went further to state that no juridic person can be a parish priest of a parish. However, it still permits a diocesan Bishop to assign a parish to a clerical religious institute like the Spiritans or to a clerical society of apostolic life like MSP, provided one priest is appointed as the parish priest of the parish or that one priest is made the moderator if the pastoral care is committed to a group of priests (can.520). So as a rule, a parish is entrusted to an individual priest or a moderator with his team, as its proper pastor and not to a religious institute.

The Appointment of a Parish Priest:

Can. 157 states that the diocesan Bishop has the right to freely confer all ecclesiastical offices in his own diocese. Consequently, the appointment to the office of parish priest belongs to the diocesan Bishop who is free to confer it on whomsoever he wishes (can. 523). If, however, the office of the parish priest is to be conferred upon a member of a religious institute, the religious is appointed by the bishop on presentation by, or at least with the consent of, the competent superior (can. 682).

The Qualities of a Parish Priest:

To be validly appointed a parish priest, the one appointed must be a priest, since the office of the parish priest carries with it the full care of souls and requires the order of priesthood. Even though the diocesan Bishop is free to appoint any priest he likes as parish priest, the good of souls demand that he appoints as parish priests only those priest whom he judges to be more suitable, taking into account their learning, piety, good character, prudence and zeal for souls. The one to be appointed a parish priest should be outstanding in sound doctrine and should possess those qualities needed for successful pastoral ministry in the parish in question (can. 521). In other words, a priest whose theology is not sound or whose moral life is scandalous should not be appointed a parish priest.

The Duration of the office of the Parish Priest:

The Code maintains that the parish priest should have the benefit of stability and is therefore to be appointed for an indefinite period of time (can.522). It is important to note that the appointment for an indefinite period of time does not mean an appointment for life-long tenure. It simply means that no time is fixed for the office of the parish priest. In this way, the stability of the parish priest as the good of souls requires, is safeguarded, as well as the liberty of the Bishop to remove or transfer him whenever it is necessary or useful.

The Bishop is, however, permitted to appoint a parish priest for a limited period or a fixed term if the conference of Bishops so decrees. In Nigeria, the Catholic Bishops Conference decreed as follows: “The Catholic Bishops Conference of Nigeria directs and decrees that the appointment of parish priests shall be “ad tempus” or for a specified period of time”(Particular Complementary Norms to the Revised Code, p.22). With this decree, the bishops in Nigeria can appoint parish priests for a fixed period, and can also remove or transfer them when necessary or useful, even before the expiry of the term.

The Removal or Transfer of a Parish Priest:

The diocesan Bishop can lawfully remove any parish priest from his parish whenever his ministry, even without grave fault on his part, suffers injury or is rendered ineffective as a result of any of the causes recognized in law or for some other similar reason in the judgement of the Bishop (Ecclesiae Sanctae, 20/1). The parish priest can be  lawfully removed from his parish for any one of the following reasons: behaviour which causes serious harm or disturbance to ecclesiastical communion or to the parish community e.g. public participation in partisan politics, continued manifest opposition to the decisions of Bishop or ecclesiastical authority ; ineptitude or permanent illness of mind or body which renders the parish priest incapable of carrying out his duties satisfactorily; loss of reputation or good name in the eyes of serious-minded parishioners or hostility towards him, which is not likely to disappear; serious neglect of parish work or duties, which persists after a warning; inefficient or bad administration of the temporal goods of the parish such as finance and property, resulting in serious harm to the Church (can.1740).

With regard to transfer, it is important to note that the one to be transferred is a parish priest who has already exercised his ministry in a satisfactory manner. The purpose of the transfer is to deploy his talents elsewhere for the good of souls and to the benefit of the Church. The law offers two reasons. Hence, the diocesan Bishop has always the right to transfer the parish priest for the good of souls or the necessity or advantage of the church (can.1748).

Therefore, a parish priest ceases from office by means of removal or transfer by the diocesan Bishop done according to the norms of law, by resignation submitted for a just cause and accepted by the Bishop, and by lapse of time if the parish priest has been appointed for a specified period of time(can.538, §1).

THE OBLIGATIONS AND RIGHTS OF THE PARISH PRIEST

The parish priest, as a member of Christ’s faithful, enjoys the general rights and obligations granted him by the law in can. 208 - 223. As a cleric, he equally enjoys the obligations and rights granted to all clerics in can.273 - 289. We shall concentrate here with only those obligations and rights granted him specifically as parish priest. It is important to point out that in the Church, rights are imbedded or collocated in the obligations.

1. The Ministry of the Word:

The first obligation of the parish priest is the ministry of the word of God (can. 528,§1). He has the obligation of ensuring that the word of God is proclaimed integrally to all in the parish. He must see to it that the faithful are instructed in the truths of faith, especially through homilies on Sundays and holy days of obligation, which may not be omitted without serious reasons. He must provide catechetical instruction to all the people committed to his care. He must ensure that children and adults are given special catechetical formation, and for this purpose, he is to utilize the resources of other priests, religious and laity (cann. 773, 776, 777). He must also strive with every effort to bring the gospel message to those in his parish who are not yet Christians and also those who are no more Christians (can.771). It is his duty to arrange for other forms of preaching, spiritual exercises or retreats in the parish (can. 770). Christus Dominus no.30 puts it succinctly this way: “In the exercise of their teaching office, it is the duty of pastors to preach God’s word to all Christian people, so that rooted in faith, hope, and charity they may grow in Christ, and that the Christian community may bear witness to that charity, which the Lord commanded. Pastors should bring the faithful to a full knowledge of the mystery of salvation through a catechetical instruction adapted to each one’s age. In imparting this instruction, they should seek not only the assistance of religious but also the cooperation of the laity”.

2. Liturgical celebrations:

The second basic responsibility of the parish priest is liturgical celebration. It is his duty to see that the liturgy in his parish is celebrated in accordance with the norms of the Church and that the laity participate in it actively, frequently and fruitfully (can. 528, §2). Since the Eucharist is the source and apex of all activities of the church, and the Eucharistic celebration the very heartbeat of the congregation of the faithful, the parish priest should make the Most Holy Eucharist “the center of the parish assembly of the faithful”. He should see to it that the faithful knowingly, devoutly, actively and frequently receive the Holy Eucharist and the sacrament of penance. He should also promote the spirit of prayer in the parish and the families of the parish.

3. Pastoral Care of Parishioners:

To be an effective pastor, the parish priest must know his flock. The parish priest, therefore, has the obligation to know his parishioners personally, visit their homes, share their concerns, anxieties and sorrows, especially at the time of death, comforting them. He should correct them prudently and patiently when they err. He has to assist the sick, especially those near death, solicitously comforting them with the sacraments and commending their souls to God. He has a special responsibility for the poor in his parish, the afflicted, the lonely, the immigrant, the exile and those with special problems. He has to assist the spouses and the parents in a special way to fulfill their proper duties and to grow in the Christian life within the family.

The parish priest has also the duty to recognize and support the proper role which the laity have in the mission of the Church, promoting their associations which have religious purposes. He has the obligation to cooperate with the Bishop and with the diocesan presbyterium, and to build up the parish community, by making them to realize that they are, at the same time, members both of the diocese and of the universal Church (can.529).

4. Functions specially entrusted to the Parish Priest:

In the 1917 code (can.462), certain functions were “reserved” to the parish priest. The new code refers to them as functions specially entrusted to the parish priest (can.530), which means that he has the major obligation or responsibility to ensure that they are fulfilled. They are as follows:

i         Administration of baptism.

ii        Administration of confirmation to the dying (can.883).

iii       Administration of Viaticum, anointing of the sick and imparting apostolic blessing.

iv       Assisting at marriage and imparting the nuptial blessing.

v        Performing of funerals.

vi       Blessing the baptismal font at paschal time, leading procession outside the church and giving solemn blessing outside the Church.

vii      More solemn celebration of the Eucharist on Sundays and holy days of obligation.

5. The Obligation of Residence:

The parish priest has the obligation to reside in the parish house near the Church in order to be easily available to the faithful. He has the obligation not to be absent from his parish if his absence is likely to cause harm to the spiritual welfare of his parishioners (can.533, §1). He must inform the bishop whenever he is to be absent from the parish for more than one week (can.533, §2).

6. The Right to Annual leave:

The Parish priest has the right to an annual holidays of one month, continuous or interrupted, not counting the days of annual retreat (can. 533, §2).

7. The Obligation to Celebrate Missa pro populo:

The parish priest is obliged to apply mass for the faithful entrusted to his care on Sundays and holydays of obligation. This special obligation is attached to the office of the parish priest, and it is personal. If he is legitimately impeded from this celebration, he should have this obligation fulfilled on the same days through another priest, or he himself can fulfill it on other days (can.534).

8. Keeping Parish Registers, the Seal, Archives:

The Parish priest has the obligation of providing for and carefully maintaining parish registers, that is, of baptisms, marriages and of deaths (can.535, § 1). He should also have a special book for Mass offerings (can.958). In the baptism register, he should enter one’s confirmation and whatever affects the canonical status of one by reason of marriage, adoption, reception of sacred orders, perpetual religious profession and change of rite (can.535, §2).

He has the obligation to keep the parish seal and to ensure that all the official documents are sealed with it.       He has the obligation to maintain an archive in which are to be kept the parish registers, the letters from the Bishop and other important documents (can. 535, §3&4).

9. Administering the parish property:

The parish priest acts in the name of the parish in all juridical transactions and so has the obligation to administer the property of the parish diligently in accordance with the law (can. 532; cann.1281-1288). He should be aware of what constitutes ordinary administration, of what constitutes extraordinary administration, and should observe those limits when contemplating the expenditure of monies or alienation of property (can.1281). Accountability to the faithful as indicated in can. 1287, § 2 is the responsibility of the parish priest in what pertains to him.

10. The right to dispense in certain Matters:

The parish priest has the right to dispense, in danger of death, when the local Ordinary cannot be approached, from all ecclesiastical impediments, except the impediment arising from the sacred order of priesthood (can. 1078).

He has the right to dispense from private vows, provided the dispensation does not injure the acquired rights of others (cf. can.1196, 1^o). He has equally the right to dispense from the obligation of observing a holyday or day of penance, or commute the obligation into some other pious works, in individual cases, for a just cause and in accordance with the prescriptions of the diocesan Bishop (cf. can.1245).

11. The Obligation to make a Profession of Faith:

The parish priest has the obligation to make a profession of faith personally in the presence of the local ordinary or his delegate at the beginning of his term of office, in accordance with the formula approved by the Apostolic See (can.833, 6^o).(cf. The Catholic Formulary, p.459).

CONCLUSION:

The Salvation of souls is the supreme law of the church. Hence the good of souls is and should be the ultimate criterion in structuring the parish and its ministry, in appointing, transferring and removing parish priests. The new code increased the discretionary power of the diocesan Bishop, which is evident in his freedom in appointing, removing or transferring parish priests. The Code also gave more responsibility to the parish priest. The parish priest should not see himself as a “Lord” and should relate well with his vicar for the good of the parish.

The parish vicar is obliged to assist the parish priest in carrying out the pastoral ministry to the whole parish. There should exist between them a fraternal relationship. Mutual charity, respect, understanding and acceptance should prevail between them. They should support each other by advice, practical help and example. The parish vicar as a coworker with the parish priest should be eager and fervent in his daily exercise of pastoral ministry under the direction of the parish priest. But then, both should have a common zeal for the spiritual welfare of the faithful and the needs of the parish. The parish priest should never consider any aspect of the parish work as below his dignity or meant only for the parish vicar. The parish priest should not see his rights and obligations as limited to taking charge of the “Sunday collections”.

 The Parish Priest must be conscious of his responsibility to be accountable to both the diocesan Bishop and to the parishioners, and the need to see his vicar as a collaborator. Every diocese has regulations and directives on the maintenance and remuneration of all priests in the diocese. The Parish priest and his vicar are obliged to keep to these directives; and they are to bear in mind that the goods, which they receive on the occasion of the exercise of an ecclesiastical office, and which are over and above what is necessary for their worthy upkeep and fulfillment of all the duties of their state, are to be used for the good of the Church and for charitable works (see can. 282, §2).

Fraternal charity, therefore, demands that the parish priest who shares his responsibility as pastor with his vicar should also show him love and concern by ensuring that he is adequately and promptly remunerated in line with diocesan directives. The “intimate sacramental brotherhood” that exists among priests should be seen and felt between the parish priest and his vicar.