Residency and territoriality in a determined ecclesiastical enclave whether parochial or diocesan carries multi-dimensional implications for subject and exercise of rights and obligations in the Church. Therefore, no member of Christ’s faithful whether clergy, religious or lay can be or function in the Church  without the authority of the Parish priest.

Most parochial policies or rules and diocesan norms are territorial but there are some that are personal. Personal laws follow and coerce the faithful wherever he/she goes (ubique terrarium). Such personal laws bind members of a particular Church even if they are not in that particular region while territorial laws are limited by geographical divide called circumscription or jurisdiction. This means that the law begins to bind the faithful as soon as and as long as he/she remains in that particular territory but ceases whenever the same faithful moves away from that particular territory.

It is important to understand this because most times people are prone to comparing different dioceses or particular Churches. Again, it is important to state that every diocese or particular Church is unique and has inherent power ex divinis to enact and promulgate particular laws for the salvation of souls. This authority is embedded in the power of orders and of jurisdiction of the diocesan Bishop. Therefore, can. 381 par.1 states unequivocally: “In the diocese entrusted to his care, the diocesan Bishop has all the ordinary, proper and immediate power required for the exercise of his pastoral office, except in those matters which the law or the decree of the Supreme Pontiff reserves to the supreme or to some other ecclesiastical authority.” What this means is that every diocesan Bishop possesses proper power whether legislative, executive or judicial and that this power is not a concession or a privilege. It is as a result of the divine origin of the office of the Bishop in the Church. This new ecclesiology follows the Vatican Council II teaching on the office of the Bishops in the Church as expounded in the document “Christus Dominus.” This new ecclesiology abolished the older practices of diecennial or quinquennial faculties which the Pope usually granted or conceded to the Bishops every ten or five years as the case may be.  Before the Vatican Council II, there were too much recourse to apostolic indults and faculties and there was much stress on the distinction between established churches and mission churches to the extent that the mission churches were given a compilation of mission laws/ norms to guide missionaries in mission lands. Most of the so called mission laws (ius missionum) were mere concessions and dispensations from the universal norms of the Church.

Today, there is a universal Code of Canon Law while at the same time, stipulating issues and cases that require particular complementary norms. The 1983 Code of Canon Law following the principle 4 and 5 of the twelve principles enunciated that guided the revision of the 1917 Code which emphasize the discretionary and proper authority of diocesan Bishops to make laws for their jurisdictions and the emerging principle of subsidiarity which allows the exercise of authority by both the micro and the macro-authorities and in fact, encourages the initiation of action in the church by lower competent authority.  Therefore, the Episcopal conferences have been given more impetus and sphere of authority in specific areas of legislative actions. The Supreme authority of the Church which could either be the Pope acting “in tuiti persona” or in concert with the College of Bishops accords a specific authority to the conferences of Bishops in their various Churches or regions. In some areas granted them competence, they may require a “recognitio” from the Apostolic See before it becomes binding on the faithful.

The provincial Bishops’ conferences and particular councils are also subjects of legislation in the Church. The provincial Bishops’ conference has sphere of authority of the laws guiding Mass stipends in their province. As regards the Parish priest, the law does not recognize him as possessing the legislative, executive and judicial power as in the case of Bishops. However, the Parish priest makes policies in his parish, he carries out executives duties and may adjudicate on matters affecting his subjects in order to lead them towards the salvation of the souls (cf. Can. 1752). In carrying out his special mandate of fulfilling the triple function of teaching, sanctifying and ruling the people of God, the Parish priest necessary participates and shares in the fullness of priesthood of Christ which is expressed in the divine authority of the diocesan Bishop.

Therefore, the Parish priest has the obligation of ensuring that the word of God is proclaimed in its entirety to those living in the parish. He is therefore to see to it that the lay members of Christ’s faithful are instructed in the truths of faith, especially by means of the homily on Sundays and holidays of obligation and by catechetical formation. He is to foster works which promote the spirit of the Gospel, including its relevance to social justice. He is to have a special care for the catholic education of children and young people. With the collaboration of the faithful, he is to make every effort to bring the gospel message to those also who have given up religious practice or who do not profess the true faith (cf. Can. 528 par.1). This means that the parish priest must champion and take personal responsibility for evangelization, preaching and proclamation, catechesis, works of apostolate, Catholic education of children and youth ministry. Above all, he must reach out to fallen Catholics/ Christians and promote ecumenism and inter-religious dialogue. It is important to note that the Code of Canon Law considers all these as the primary responsibility of the Priest even before the celebration of the Holy Mass and other Eucharistic ministrations.

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Very Rev. Fr. Don Nnagha

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